E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, WEDNESDAY, JULY 26, 2006 No. 100 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- Baptist pastor, serving congregations called to order by the Speaker pro tem- nal stands approved. in Missouri, Florida and Tennessee. He pore (Mr. PRICE of Georgia). f is a graduate of Baptist Bible College in Springfield, Missouri, and holds a f PLEDGE OF ALLEGIANCE master of divinity degree from DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the Cummins Theological Seminary, a Re- PRO TEMPORE gentleman from Texas (Mr. BURGESS) formed Episcopal seminary in Summer- The SPEAKER pro tempore laid be- come forward and lead the House in the ville, South Carolina. fore the House the following commu- Pledge of Allegiance. Father Barnard is married to the nication from the Speaker: Mr. BURGESS led the Pledge of Alle- former Miss Paula Ann Henderson of giance as follows: WASHINGTON, DC, Fort Worth, Texas. They have four July 26, 2006. I pledge allegiance to the Flag of the children and two grandchildren. Their United States of America, and to the Repub- I hereby appoint the Honorable TOM PRICE youngest son, Adam, is currently serv- to act as Speaker pro tempore on this day. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. ing aboard the USS Los Angeles sta- J. DENNIS HASTERT, tioned at Pearl Harbor. f Speaker of the House of Representatives. Father Barnard’s gracious presence f WELCOMING REVEREND RICHARD and true dedication to the work and PRAYER K. BARNARD word of Christ is an instrumental part The SPEAKER pro tempore. Without of my life. He guides his flock dili- The Reverend Richard K. Barnard, objection, the gentleman from Texas is gently and challenges us to remain Rector, The Chapel of the Cross, Dal- recognized for 1 minute. faithful to pursuing our walk with las, Texas, offered the following prayer: There was no objection. Christ daily. I am thankful for his lead- Blessed art Thou, O Lord God, King Mr. BURGESS. Mr. Speaker, today I ership and his presence here today. It of the Universe, who hast taught us rise to welcome my pastor, Reverend is truly an honor. through Thy servant David that those Richard Kevin Barnard. I am honored who rule must be just. Grant to the that Father Barnard is here today to f Members of this House, and to all those lead us in glory and praise of our Al- to whom we entrust the authority of mighty. Reverend Barnard has served government, the spirit of wisdom and ANNOUNCEMENT BY THE SPEAKER as rector of The Chapel of the Cross, a PRO TEMPORE truth. Direct and prosper all their con- Reformed Episcopal Church, since July sultations to the advancement of Thy of 1989. He has also served Reformed The SPEAKER pro tempore. The glory and to the safety, honor and wel- Episcopal congregations in New Jersey Chair desires to make an announce- fare of the people, that there may be and New York. ment. peace at home and that we may show Before coming to The Chapel, Father After consultation among the Speak- forth righteousness among the nations Barnard was director of communica- er and the majority and minority lead- of the Earth. Give to the Members of tions for the International Bible Soci- ers, the Chair announces that during this House courage, fearlessly to con- ety, which was then located in East the joint meeting to hear an address by tend against evil and to give no place Brunswick, New Jersey. In that capac- His Excellency Nouri Al-Maliki, only to oppression. And to the end that ity, he was a regular participant in the the doors immediately opposite the they, and all the people of this land, monthly White House Forum for Reli- Speaker and those on his right and left may properly use Thy gift of freedom, gious Organizations during the Reagan will be open. help us to employ it in the mainte- administration and represented the No one will be allowed on the floor of nance of justice, to the glory of Thy Bible Society at public and private the House who does not have the privi- holy Name. Amen. events, traveling to Central America, lege of the floor of the House. f Europe, Africa and Asia. Due to the large attendance that is Father Barnard is the author of two anticipated, the Chair feels the rule re- THE JOURNAL books and numerous articles, and is garding the privilege of the floor must The SPEAKER pro tempore. The also a Past Master of the Roy Stanley be strictly adhered to. Chair has examined the Journal of the Masonic Lodge in Dallas. Children of Members will not be per- last day’s proceedings and announces Before becoming a Reformed Epis- mitted on the floor, and the coopera- to the House his approval thereof. copalian, the Reverend Barnard was a tion of all Members is requested.

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.

H5857

.

VerDate Aug 31 2005 04:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.000 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5858 CONGRESSIONAL RECORD — HOUSE July 26, 2006 The practice of reserving seats prior The Senator from Arizona (Mr. KYL); All of those are not Western values. to the joint meeting by placard will The Senator from North Carolina They are universal values for human- not be allowed. Members may reserve (Mrs. DOLE); ity. They are as much for me the pin- their seats by physical presence only The Senator from Montana (Mr. nacle embodiment of my faith and reli- following the security sweep of the BURNS); gion and they are for all free spirits. Chamber. The Senator from Nevada (Mr. REID); The war on terror is a real war against f and those who wish to burn out the flame The Senator from Illinois (Mr. DUR- of freedom. We are in this vanguard for RECESS BIN). defending the values of humanity. The SPEAKER pro tempore. Pursu- The Assistant to the Sergeant at I know that some of you here ques- ant to the order of the House of Thurs- Arms announced the Acting Dean of tion whether Iraq is part of the war on day, July 20, 2006, the House stands in the Diplomatic Corps, His Excellency terror. Let me be very clear. This is a recess subject to the call of the Chair. Jesse Bibiano Marehalau, Ambassador battle between true Islam, for which a Accordingly (at 10 o’clock and 6 min- of Micronesia. person’s liberty and rights constitute utes a.m.), the House stood in recess The Acting Dean of the Diplomatic essential cornerstones, and terrorism subject to the call of the Chair. Corps entered the Hall of the House of which wraps itself in a fake Islamic f Representatives and took the seat re- cloak, in reality wages a war on Islam served for him. and Muslims and values and spreads b 1051 The Assistant to the Sergeant at hatred between humanity contrary to JOINT MEETING OF THE HOUSE Arms announced the Cabinet of the our Koran which says, We have created AND SENATE TO HEAR AN AD- President of the United States. you male and female and made you DRESS BY HIS EXCELLENCY The Members of the Cabinet of the tribes and families that you know each NOURI AL-MALIKI, PRIME MIN- President of the United States entered other. Surely the noblest of you in the ISTER OF THE REPUBLIC OF the Hall of the House of Representa- sight of God is the best conduct. The IRAQ tives and took the seats reserved for truth is that terrorism has no religion. Our faith says that who kills an inno- The Speaker of the House presided. them in front of the Speaker’s rostrum. At 11 o’clock and 6 minutes a.m., the cent has killed all mankind. The Assistant to the Sergeant at Thousands of lives were tragically Assistant to the Sergeant at Arms an- Arms, Mr. Bill Sims, announced the lost on September 11 when these im- nounced His Excellency Nouri Al- Vice President and Members of the posters of Islam reared their ugly Maliki, Prime Minister of the Republic U.S. Senate who entered the Hall of the heads. Thousands more continue to die of Iraq. House of Representatives, the Vice in Iraq today at the hands of the same The Prime Minister of the Republic President taking the chair at the right terrorists who show complete disregard of Iraq, escorted by the committee of of the Speaker, and the Members of the for human life. Your loss on that day Senators and Representatives, entered Senate the seats reserved for them. was a loss of all mankind and our loss the Hall of the House of Representa- The SPEAKER. The Chair appoints today is a loss for all free people. Wher- tives and stood at the Clerk’s desk. as members of the committee on the ever humankind suffers a loss at the [Applause, the Members rising.] part of the House to escort His Excel- hands of terrorists, it is a loss for all The SPEAKER. Members of the Con- lency Nouri Al-Maliki, Prime Minister humanity. of the Republic of Iraq, into the Cham- gress, it is my great privilege and I It is your duty and our duty to defeat ber: deem it a high honor and a personal this terror. Iraq is the front line in this The gentleman from Missouri (Mr. pleasure to present to you His Excel- struggle and history will prove that BLUNT); lency Nouri Al-Maliki, Prime Minister the sacrifices of Iraqis for freedom will The gentlewoman from Ohio (Ms. of the Republic of Iraq. not be in vain. Iraqis are your allies in PRYCE); [Applause, the Members rising.] the war on terror and history will The gentleman from California (Mr. f record their bravery and humanity. HUNTER); ADDRESS BY HIS EXCELLENCY The fate of our country and yours is The gentlewoman from Florida (Ms. NOURI AL-MALIKI, PRIME MIN- tied. Should democracy be allowed to OS-LEHTINEN); R ISTER OF THE REPUBLIC OF fail in Iraq and terror permitted to tri- The gentleman from Michigan (Mr. IRAQ umph, then the war on terror will HOEKSTRA); never be won elsewhere. The gentlewoman from California Prime Minister AL-MALIKI. In the Mr. Speaker, we are building a new (Ms. PELOSI); Name of God, the Most Gracious, the Iraq on a foundation of democracy and The gentleman from Maryland (Mr. Most Merciful. are erecting it through our belief in the HOYER); Your Excellency the Speaker of the rights of every individual, just as Sad- The gentleman from South Carolina House, Mr. Vice President, honorable dam has destroyed it through his abuse (Mr. CLYBURN); ladies and gentlemen, Members of Con- of all those rights, so that future Iraqi The gentleman from Connecticut gress, it is with great pleasure that I generations can live in peace, pros- (Mr. LARSON); and am able to take this opportunity to be perity and hope. Iraqis have tasted The gentleman from California (Mr. the first democratically and constitu- freedom, and we will defend it abso- LANTOS). tionally elected Prime Minister of Iraq lutely. The VICE PRESIDENT. The Presi- to address you, the elected representa- Every human possesses inalienable dent of the Senate, at the direction of tives of the American people, and I rights which transcend religion as it is that body, appoints the following Sen- thank you for affording me this unique stated in the international convention ators as members of the committee on chance to speak at this respected as- of human rights. They transcend reli- the part of the Senate to escort His Ex- sembly. gion, race and gender. God says in the cellency Nouri Al-Maliki, Prime Min- Let me begin by thanking the Amer- Koran: ‘‘And surely we have honored ister of the Republic of Iraq, into the ican people through you and on behalf all children of Adam.’’ I believe these House Chamber: of the Iraqi people for supporting our human rights are not an artifact con- The Senator from Tennessee (Mr. people in ousting dictatorship. Iraq struct reserved for the few. They are FRIST); will not forget those who stood with the divine entitlement for all. It is on The Senator from Kentucky (Mr. her and who continue to stand with her this unwavering belief that we are de- MCCONNELL); in times of need. termined to build our nation, a land The Senator from Alaska (Mr. STE- Thank you for your continued re- whose people are free, whose air is lib- VENS); solve in helping us fight the terrorists erty and where the rule of law is su- The Senator from Pennsylvania (Mr. plaguing Iraq, which is a struggle to preme. This is the new Iraq which is SANTORUM); defend our nascent democracy and our emerging from the ashes of dictator- The Senator from Texas (Mrs. people who aspire to liberty, democ- ship and, despite the carnage of ex- HUTCHISON); racy, human rights and the rule of law. tremists, a country which respects

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.003 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5859 international conventions and prac- that we would never reach this stage. entific, political and community lead- tices noninterference in the internal Few believed in us, but you, the Amer- ers. Above all, they wish to spread fear. affairs of others, relies on dialogue to ican people, did, and we are grateful for Do not think that this is an Iraqi resolve differences, and strives to de- this. problem. This terrorist front is a velop strong relations with every coun- The transformation in Iraq can some- threat to every free country in the try that espouses freedom and peace. times be forgotten in the daily futile world and their citizens. What is at We are working diligently so that violence. Since liberation, we have wit- stake is nothing less than our freedom Iraq returns to take the position it de- nessed great accomplishments in poli- and liberty. Confronting and dealing serves and to play a positive role in its tics, the economy and civil society. We with this challenge is the responsi- regional and international environ- have gone from a one-party state ruled bility of every liberal democracy that ment as a key, active player in spread- by a small elite to a multiparty system values its freedom. Iraq is the battle ing security and stability, to give an where politics is the domain of every that will determine the war. If through example of a positive relationship be- citizen and parties compete at all lev- our continued partnership we have the tween countries through denouncement els. strength of mind and commitment to of violence and resorting to construc- What used to be a state-controlled defeat the terrorists and their ideology tive dialogue, solving problems be- media is now completely free and un- in Iraq, they will never be able to re- tween nations and peoples. censored, something Iraq had never cover. We have made progress and we are witnessed since its establishment as a For the sake of success of the polit- correcting the damage inflicted by the modern state and something which re- ical process, I launched the National politics of the previous regime, in par- mains alien to most of the region. Reconciliation Initiative which aims to ticular with our neighbors. My pres- What used to be a command economy draw in groups willing to accept the ence here is a testament of the new in Iraq, we are rapidly transforming logic of dialogue and participation. politics of a democratic Iraq. into a free market economy. In the This olive branch has received the Ladies and gentlemen, in a short past 3 years, our GDP per capita has backing of Iraq’s parliamentary blocs space of time, Iraq has gone from a dic- more than doubled, and it is expected and support further afield from large tatorship to a transitional administra- that our economy will continue to segments of the population. I remain tion and now to a full-fledged demo- grow. The standard of living has been determined to see this initiative suc- cratic government. This has happened raised for most Iraqis as the markets ceed. But let our enemies not mistake despite the best efforts of the terrorists witness an unprecedented level of pros- our outstretched hand for forgiveness who are bent on either destroying de- perity. Many individuals are buying as a sign of weakness. Whoever chooses mocracy or Iraq. But by the courage of products and appliances which they violence against the people of Iraq, our people who defied the terrorists would never have hoped to afford in the then the fate that awaits them will be every time they were called upon to past. In keeping with our economic vi- the same as that of the terrorist make a choice by risking their lives for sions of creating a free market econ- Zarqawi. the ballot box, they have stated over omy, we will be presenting to par- While political and economic efforts and over again with their ink-stained liament legislation which will lift cur- are essential, defeating terror in Iraq fingers waving in pride that they will rent restrictions on foreign companies relies fundamentally on the building of always make the same choice—— and investors who wish to come to a sound Iraqi force, both in quantity ANNOUNCEMENT BY THE SPEAKER Iraq. and capability. The completion of The SPEAKER. If our honored guest While we are making great economic Iraq’s forces forms the necessary basis would suspend for a moment. strides, the greatest transformation for the withdrawal of multinational The Chair notes a disturbance in the has been on Iraqi society. We have gone forces, but only then, only when Iraq’s gallery. from mass graves and torture chambers forces are fully capable, will the job of The Sergeant at Arms will secure and chemical weapons to the rule of the multinational forces be complete. order by removing those engaging in law and respect for human rights. The Our Iraqi forces have accomplished disruption. human rights and freedoms embodied much and have gained a great deal of His Excellency, the Prime Minister, in the new Iraq and consolidated in the field experience to eventually enable may resume. constitution have provided a fertile en- them to triumph over the terrorists Prime Minister AL-MALIKI. Of hope vironment for the ever-growing number and to take over the security portfolio over fear, liberty over oppression, dig- of civil society institutions which are and extend peace through the country. nity over submission, democracy over increasing in scope and complexity and The other impediment to Iraq’s sta- dictatorship, federalism over a provide a healthy reflection of what is bility are the armed militias. I have on centralist state. Let there be no doubt. developing beneath the violence. many occasions stated my determina- Today Iraq is a democracy which The rights chartered in the constitu- tion to disband all militias, without ex- stands firm because of the sacrifices of tion will also help consolidate the role ception, and reestablish a state monop- its people and the sacrifices of all those of women in public life as equals to oly on arms and to guarantee citizens’ who stood with us in this crisis from men and help them to play a greater security so that they do not need oth- nations and countries. That is why I role in political life. I am proud to say ers to provide it. would like to thank them very much that a quarter of Iraq’s council of rep- It is imperative that the reconstruc- for all their sacrifices. resentatives is made up of women, but tion starts now. While small sections of Iraqis of all persuasions took part in we still have much to accomplish. central Iraq are unstable, large sec- a unanimously democratic election for Mr. Speaker, Mr. Vice President, our tions have remained peaceful but ig- the first parliament formed under the nascent democracy faces numerous nored for far too long. These were the country’s first permanent constitution. challenges and impediments, but our most deprived areas of Iraq under the After eight decades of temporary con- resolve is unbreakable and we will previous regime and have been the stitutions and dictatorships, a con- overcome them. The greatest threat most valiant in Iraq’s struggle for free- stitution written by the elected rep- Iraq’s people face is terror, terror in- dom. We need to make an example out resentatives of the people and ratified flicted by extremists who value no life of these stable areas as models for the by the people, Iraqis succeeded in form- and who depend on the fear the wanton rest of the country. ing a government of national unity murder and destruction creates. They Reconstruction projects in these based on an elected parliamentary have poured acid into Iraq’s dictatorial areas will tackle unemployment, which foundation and includes all of Iraq’s re- wounds and created many of their own. will weaken the terrorists. They will ligions, ethnicities and political Iraq is free and the terrorists cannot become prototypes that other, more groupings. stand this. They hope to undermine our volatile, regions aspire to undoubtedly. The journey has been perilous and democratically elected government Reconstruction in these areas will fuel the future is not guaranteed. Yet many through the random killing of civil- economic growth and show what a around the world who underestimated ians. They want to destroy Iraq’s fu- prosperous, stable, democratic and fed- the resolve of Iraq’s people were sure ture by assassinating our leading sci- eral Iraq would look like.

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.005 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5860 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Members of the Congress, in this ef- ANNOUNCEMENT BY THE SPEAKER ister for condemning the countless ter- fort, we need your help. We need the The SPEAKER. The House will con- rorist acts in Iraq; and I encourage him help of the international community. tinue in recess until 12:15 p.m. to condemn all acts of terror in the Much of the budget you had allocated Middle East, including the most recent for Iraq’s reconstruction ended up pay- f ones we have seen begun by Hezbollah. ing for security firms and foreign com- b 1215 As the Prime Minister articulated, we panies whose operating costs were vast. must continue to fight for ‘‘liberty Instead, there needs to be a greater re- AFTER RECESS over oppression’’ and ‘‘democracy over liance on Iraqis and Iraqi companies, The recess having expired, the House terrorism’’ wherever it may occur in with foreign aid and assistance, to help was called to order by the Speaker pro the world. us rebuild Iraq. tempore (Mr. CULBERSON) at 12 o’clock f We are rebuilding Iraq on a new, solid and 15 minutes p.m. GAS PRICES AND ENERGY foundation, that of liberty, hope and f INDEPENDENCE equality. Iraq’s democracy is young, but the PRINTING OF PROCEEDINGS HAD (Mr. ETHERIDGE asked and was will of its people is strong. It is because DURING RECESS given permission to address the House of this spirit and desire to be free that Mr. POE. Mr. Speaker, I ask unani- for 1 minute and to revise and extend Iraq has taken the opportunity you mous consent that the proceedings had his remarks.) gave us and we chose democracy. during the recess be printed in the Mr. ETHERIDGE. Mr. Speaker, as gas prices hit another record high, I We faced tyranny and oppression RECORD. under the former regime and we now The SPEAKER pro tempore. Is there call on this Congress to pass visionary face a different kind of terror. We did objection to the request of the gen- legislation for America’s energy inde- not bow then and we will not bow now. tleman from Texas? pendence. I will not allow Iraq to become a There was no objection. This summer, middle-class families launch pad for al Qaeda and other ter- are being squeezed like never before by rorist organizations. I will not deprive f the high price of gasoline and farmers Iraqis of their hopes and dreams. I will MESSAGE FROM THE SENATE are watching their profits erode. With not allow terrorists to dictate to us our the big oil companies pocketing record A message from the Senate by Ms. future. profits, the only action the Republican Curtis, one of its clerks, announced For decades, we struggled alone for Congress has taken is more giveaways that the Senate has passed without our freedom. In 1991, when Iraqis tried to Big Oil. We need a new direction in amendment a bill of the House of the to capitalize on the regime’s momen- this country that will once and for all following title: tary weakness and rose up, we were put us on the path to energy independ- alone again. H.R. 9. An act to amend the Voting Rights ence and free us from our reliance on The people of Iraq will not forget Act of 1965. foreign oil sources. your continued support as we establish The message also announced that the Rural America feels this crisis every a secure, liberal democracy. Let 1991 Senate has passed with an amendment day; and as cochairman of the Rural never be repeated, for history will be in which the concurrence of the House Working Group, I have worked with my most unforgiving. is requested, a bill of the House of the colleagues to draft legislation to se- The coming few days are difficult, following title: cure America’s energy independence and the challenges are considerable. H.R. 5865. An act to amend section 1113 of through the bounty of American agri- Iraq and America both need each other the Social Security Act to temporarily in- culture. The answer to the energy cri- to defeat the terror engulfing the free crease funding for the program of temporary sis is growing on our farms, and H.R. world. In partnership we will be trium- assistance for United States citizens re- 5372 will upgrade our infrastructure to turned from foreign countries, and for other phant, because we will never be slaves purposes. tap these homegrown resources. Spe- to terror, for God has made us free. cifically, the Biofuel Act will facilitate Trust that Iraq will be a grave for f the production of vehicles that can run terrorism and terrorists. Trust that ANNOUNCEMENT BY THE SPEAKER on E–85, ethanol-based fuel and soy- Iraq will be a graveyard for terrorism PRO TEMPORE bean diesel and provide tax credits to and terrorists, for the good of all hu- encourage gas station owners to update The SPEAKER pro tempore. The manity. their equipment to handle these new Chair will now entertain up to 15 re- Thank you very much. environmentally friendly fuels. [Applause, the Members rising.] quests per side to address the House for Mr. Speaker, it is time for a new di- At 11 o’clock and 36 minutes a.m., His 1 minute. rection for America; and Congress Excellency Nouri Al-Maliki, Prime f must take action now to secure Amer- Minister of the Republic of Iraq, ac- ica’s energy future. IRAQI PRIME MINISTER companied by the committee of escort, ADDRESSES CONGRESS f retired from the Hall of the House of COMPETITION Representatives. (Ms. FOXX asked and was given per- The Assistant to the Sergeant at mission to address the House for 1 (Mr. BONNER asked and was given Arms escorted the invited guests from minute.) permission to address the House for 1 the Chamber in the following order: Ms. FOXX. Mr. Speaker, just a few minute and to revise and extend his re- The Members of the President’s Cabi- minutes ago, we welcomed His Excel- marks.) net; lency Nouri Al-Maliki to address the Mr. BONNER. Mr. Speaker, I rise The Acting Dean of the Diplomatic U.S. Congress. We commend him for his today to talk about the value of com- Corps. sacrifices and efforts to bring peace petition in our Department of Defense f and democracy to Iraq. Once sentenced acquisition process. Without competi- to death and thus forced into exile by tion, we have no choices, innovation JOINT MEETING DISSOLVED Saddam Hussein’s government, Al- does not exist, we have no bargaining The SPEAKER. The purpose of the Maliki has devoted his life to ending position relative to costs, and the capa- joint meeting having been completed, the tyranny that dominated his coun- bility of our military stagnates. the Chair declares the joint meeting of try for so long. Some would argue that we must pro- the two Houses now dissolved. I commend His Excellency for his tect our industrial base. I would sug- Accordingly, at 11 o’clock and 40 commitment to rebuilding his nation gest that competition does just that. minutes a.m., the joint meeting of the on the principles of freedom, democ- We live in a global economy, and when two Houses was dissolved. racy and the rule of law; and we look U.S. industry does not produce com- The Members of the Senate retired to forward to collaborating with him in petitive products, our entire industrial their Chamber. this regard. I applaud the Prime Min- base suffers. If we are to continue to

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.007 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5861 procure the best military equipment on the porch and the woman inside BIG OIL HAS ANOTHER GREAT for the best value the taxpayer dollar heard her say, ‘‘I’m going to die.’’ The QUARTER WHILE THE CONSUMER can afford, we must preserve the com- woman who found her covered in blood IS GOUGED AT THE PUMP petitive process. In today’s global econ- said she would never as long as she (Mrs. MCCARTHY asked and was omy, that means we must not shy away lived get that look on her face out of given permission to address the House from our allies’ participation. her mind. for 1 minute.) Air refueling is the key enabler to Javier Martinez of Mexico and Noel Mrs. MCCARTHY. Big Oil has an- our global military might, and we need Hernandez of Honduras will have their other great quarter while the con- to get the competition for the KC–135 day of judgment in a Texas courthouse sumers are gouged at the pumps. replacement program right. Otherwise, very soon, but the two countries these Mr. Speaker, the numbers are al- we will never know whether competi- outlaws come from should be held ac- ready pouring in. All week, Big Oil and tion was true competition or whether countable and pay reparations to the Gas will tout their profits during the our warfighters have received the best victim of this assault. second quarter. The real question now And that’s just the way it is. possible capability. is, will they break the records of the f f first quarter, more than $16 billion just CALLING FOR ABOLITION OF IRAQI PRIME MINISTER for the Big Three. NUCLEAR WEAPONS ADDRESSES CONGRESS B–P announced its profits earlier this (Mr. ENGEL asked and was given week, bringing in $6.1 billion during (Mr. KUCINICH asked and was given the second quarter. We will hear the permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- rest of the numbers later this week. minute and to revise and extend his re- Mr. Speaker, America can do better. marks.) marks.) Mr. ENGEL. Mr. Speaker, I sat here We have the technology. We have the Mr. KUCINICH. Mr. Speaker, in the before and listened to the speech of willpower. But we have to work to- Hindu religion, Brahma, the Creator; Prime Minister Al-Maliki of Iraq. gether. It is basically Democrats that Vishnu, the Preserver; and Shiva, the Quite frankly, I was underwhelmed. I actually have the answers on what we Destroyer exist simultaneously and am glad that he condemned terrorism can do to reduce oil prices in this coun- represent the multiplicity of God. by al Qaeda in Iraq, but we heard not a try. This isn’t short term. It’s long Today, we are going to be called upon word of condemnation about Hezbollah term. We need to work together. We to determine which of the principles, and their terrorism against Israel. need to get this done. Creator, Preserver or Destroyer, shall I guess, according to the Prime Min- Consumers at home are hurting. Mid- work through each of us. If we con- ister, terrorism against Iraq is no good, dle-income families are hurting when tinue to pursue nuclear proliferation but terrorism against Israel is accept- you have expensive oil on Long Island embodied in the nuclear agreement able. I am also sorry he didn’t take the where I live, $3.29, it has been that way with India, we will be open to the prin- opportunity to set the record straight for quite a while, and that is only for ciples of destruction. At this moment involving his criticism of Israel this the economy fuel. It is raising our fuel when world tensions are rising and vio- week or to condemn the speaker of the prices. It is raising everything. And lence is cycling higher, we need to take parliament of Iraq and his vicious anti- they wonder why the economy, which the direction of preserving the peace Semitic and anti-Jewish diatribe and is supposed to be, quote, doing well, and creating a new opening through tirade earlier this week. Unfortu- our middle-income families are not. abolishing all nuclear weapons. nately, none of that was forthcoming. They are hurting. August 6, 2006, will mark the 61st an- If we are to take the Iraqi leadership f niversary of the bombing of Hiroshima seriously in condemnation of terror, SMALL BUSINESS which obliterated the city and killed they have to condemn terror wherever about 140,000 people. Today, 30,000 nu- it rears its ugly head, against Iraq, (Mrs. KELLY asked and was given clear weapons remain in the world. against Israel, or against any other na- permission to address the House for 1 Many nuclear weapons are deployed. tion. Only then will I truly believe that minute and to revise and extend her re- Any use of nuclear weapons would be they are democrats and care about de- marks.) unthinkable devastation. The only way mocracy and really care about the war Mrs. KELLY. Mr. Speaker, this Con- to prevent the use of nuclear destruc- on terror. gress needs to continue the tax relief tion is to abolish all nuclear weapons. and economic policies that have helped f To that end, I will be introducing leg- small businesses create new jobs and islation today. IRAQ AND FREEDOM foster strong economic growth across f (Mr. MCHENRY asked and was given our country. I have been pushing a permission to address the House for 1 five-point agenda to help small busi- REPARATIONS FOR VICTIM minute.) nesses succeed: (Mr. POE asked and was given per- Mr. MCHENRY. Mr. Speaker, this One, continue the tax cuts for small mission to address the House for 1 House in a joint session of Congress lis- businesses, which we accomplished ear- minute.) tened to the new Prime Minister of our lier this year by passing the Tax Relief Mr. POE. Mr. Speaker, it was de- ally, Iraq, earlier today. The Prime Extension Reconciliation Act into law. scribed as ‘‘more than 2 hours in hell.’’ Minister outlined his plan for freedom Two, we need to make health care Those are the only words a central and security for the Iraqi people and costs more affordable for small busi- Texas sheriff could utter about the bru- for a free, safe and secure Iraq. nesses and their employees. The Sen- tal attack of an 18-year-old girl. As an ally, we in the United States ate, like the House, needs to pass legis- Driving home one night, she was run have an obligation to see this through. lation to create small business health off the road by two illegals just fired We have an obligation to ensure free- plans that will lower their premiums from their jobs for showing up to work dom and democracy. However imper- by up to 30 percent. hung over. She was corralled just 2 fect it may be, as freedom and democ- Three, we need to level the playing miles from her house near Mexia, racy always is, we have an obligation field for small businesses. The Senate Texas, but she couldn’t have been fur- to see that through in Iraq, today, to- can help us do this by approving two of ther from safety. They forced her into morrow and for years to come. my bills that have been overwhelm- their vehicle, then drove around as Beyond that, Mr. Speaker, I think it ingly passed in the House to help small they raped, beat and stabbed her nu- is important to note that the United businesses earn interest on their merous times. When they had finished States, Israel and Iraq have the same checking accounts and gain increased their sinful crime, they tossed her mutual enemy, and those are Islamic access to capital. bloody body in a ditch and left her for extremists, in our country, in Israel, in Four, the Senate, like the House, dead. Iraq and around the world, and we have needs to vote to permanently end the When she reached a house nearby to fight together for freedom today, death tax on small businesses and fam- after crawling over a half mile, she lay freedom tomorrow, freedom forever. ily farms.

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.010 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5862 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Five, we need to stop excessive and seriously hinder scouting in south- provide a potential transit point and redundant Federal regulations on small eastern Pennsylvania. Philadelphia safe haven for terrorists there. Espe- businesses. Mayor John Street has told the Cradle cially worrying is the powerful pres- Mr. Speaker, I urge the House to im- of Liberty Council, which serves 87,000 ence of the Union of Islamic Courts, mediately consider my bill that has inner city and suburban Scouts, to ei- which took over Mogadishu last passed the Government Reform Com- ther pay market value for or vacate month. mittee and would help prevent Federal the headquarters it has used rent-free This group is headed by a known as- agencies from imposing unnecessary since 1928. sociate of al Qaeda and aims to intro- regulations that suffocate small busi- Mayor Street has chosen to focus on duce Sharia law throughout Somalia. nesses. the differences of opinion he has with Mr. Speaker, we are living in an age in Mr. Speaker, let’s fully demonstrate the Boy Scouts, rather then embracing which threats in faraway places can hit our commitment to small businesses and fostering greater cooperation on us at home. by passing these legislative solutions the issues we can agree on. This is an The events unfolding in Somalia to help small businesses in New York’s unfortunate turn of events for the mark a critical point in our struggle Hudson Valley and all over the Nation. scouting community in my district and against Islamist terrorism. Afghani- f the Philadelphia region, especially stan is the lesson. I remember those on when the city is in crisis; violent crime Afghanistan that said that the Taliban TIME FOR A NEW DIRECTION IN and drug use are at all-time highs. offered stability in that country be- IRAQ I call on Mayor Street to work with cause the country was deeply divided. (Mr. MCGOVERN asked and was the Scouts to work out an equitable so- I remember testifying that the given permission to address the House lution to their dispute, and I call on Taliban and their support for terror for 1 minute and to revise and extend my colleagues to cosponsor H.R. 1337, training could lead to more World his remarks.) The Support Our Scouts Act, which Trade Center-style attacks on Amer- Mr. MCGOVERN. Mr. Speaker, sadly, will reaffirm the Federal Government’s ica. That was 11 years ago. Now Soma- the war in Iraq is escalating daily. In commitment to scouting. lia demands our focused attention. the first 6 months of 2006, more than f f 350 American soldiers were killed in ac- PREPAREDNESS FIRST ACT IRAQI GOVERNMENT’S TROUBLING tion and over 2,400 wounded. This COMMENTS ON ISRAEL means the United States lost the (Ms. LORETTA SANCHEZ of Cali- equivalent of five battalions’ worth of fornia asked and was given permission (Mr. PASCRELL asked and was given ground forces during the period Iraqi to address the House for 1 minute.) permission to address the House for 1 political leaders squabbled over how to Ms. LORETTA SANCHEZ of Cali- minute.) form a government. fornia. Mr. Speaker, America needs to Mr. PASCRELL. Mr. Speaker, do not And while forming a government was be prepared. Whether it is for a com- think there was an epiphany this a positive step, it has made little dif- muter train attack or a hurricane, it is morning when the leader of Iraq, duly ference in the daily lives of most clear America must get serious about elected, met at the White House to say Iraqis. Violence has escalated and all hazards preparedness, and that is that he would join, his country would claims more and more Iraqi lives. Ac- preparing for all emergencies, whether join with other Arab states con- cording to the U.N., over 14,000 Iraqi ci- they are natural or manmade. demning terror. You would have vilians were killed in the first 6 months Today I am introducing the Pre- thought the word ‘‘terror’’ was in- of 2006, including 5,800 in May and June paredness First Act to authorize crit- vented this morning. The audacity for alone. States of emergency, curfews ical grant programs that our State and him to look at us and say, for those and military operations have not sta- local governments already depend upon who are skeptical about the war on ter- bilized the country. There are more in- for all hazards emergency prepared- ror, there is nobody skeptical in this surgents, more foreign fighters and ness. The premise of this bill? To en- House, either side, about the war on more attacks. The signs of sectarian sure that States and localities will terror. and ethnic cleansing are everywhere. have a basic level of preparedness so But when his legislature condemns President Bush has said he is going to that they can protect their citizens, Israel, ‘‘we need to stop the Israeli deploy more troops into Baghdad. communicate with each other and criminal aggression,’’ and they voted Mr. Speaker, 2006 was supposed to be work with the Federal Government on that unanimously, you come into a year of significant transition in Iraq. during any type of emergency, from our house, as we would say in the But the U.S. remains on the defensive, earthquakes to terrorist attacks. Bronx, even though I am from New Jer- caught in a civil war. Under this bill, all States would re- sey, and think that we are supposed to Mr. Speaker, this war is a miserable ceive a base of preparedness funding. forget everything. failure. It is time for a new direction in This would guarantee that the Federal There is terror in Iraq, and there is Iraq. Government would have an able part- terror in Israel. And if you think ner in every State to coordinate pre- Hezbollah is the Guardian Angels, you f paredness activities. Additional re- are quite mistaken. And we need to un- b 1230 sources would then be made available derstand what is going on in this to address the unique risk and man- House. Turn the country back around SUPPORT OUR SCOUTS ACT made disasters that are posed in each again. Sixty-five percent of the Amer- (Mr. FITZPATRICK of Pennsylvania area. ican people say we are going in the asked and was given permission to ad- I urge my colleagues to support this wrong direction, and we continued this dress the House for 1 minute.) bill and put all hazards preparedness morning. Mr. FITZPATRICK of Pennsylvania. first for all Americans. f Mr. Speaker, the Boy Scouts of Amer- f ica is one of the most wholesome orga- CREATIVE FEDERALISM IN nizations in this Nation’s history, ISLAMIST PRESENCE IN SOMALIA HEALTH CARE which is why it has earned the Con- (Mr. ROYCE asked and was given per- (Mr. PRICE of Georgia asked and was gressional Charter. The Scouts have mission to address the House for 1 given permission to address the House provided a way for children from the minute.) for 1 minute.) inner city and the country to learn Mr. ROYCE. Mr. Speaker, recently Mr. PRICE of Georgia. Mr. Speaker, more about themselves, their environ- the subcommittee on international ter- everyone understands that we have a ment and their role as citizens through rorism and nonproliferation that I real challenge in health care with over active engagement in outdoor and serv- chair held a hearing on the growing 45 million Americans without adequate ice activities. Islamist terrorist threat in Somalia. insurance coverage. And Washington is Unfortunately, the city of Philadel- The country’s unsecured borders and in a logjam with a national solution phia is considering a move that would proximity to the Arabian Peninsula elusive.

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.012 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5863 Yesterday, we took a great step in Ms. SCHAKOWSKY. Mr. Speaker, the RAISE THE MINIMUM WAGE meeting this challenge with the intro- Republican do-nothing Congress is un- (Mr. BERRY asked and was given duction by a bipartisan group of a sig- willing to tackle the issues of impor- permission to address the House for 1 nificant measure to help cover the un- tance to the American people. At a minute and to revise and extend his re- insured. As a physician, I understand time when hardworking Americans are marks.) that one-size-fits-all does not work in finding it more and more difficult to Mr. BERRY. Mr. Speaker, as millions health care. make ends meet, at a time when a of Americans struggle to get by mak- Our bipartisan working group re- weak economy is creating very few ing the lowest real value minimum spects greatly the principle of fed- jobs, at a time when gas prices are at wage in 50 years, Republicans in this eralism. And our proposal will em- record levels, the Republican do-noth- body are preparing to adjourn the power States to develop methods that ing Congress has frittered away scarce House for a 5-week summer vacation best suit their unique populations. time on meaningless and divisive pro- without providing them with any fi- H.R. 5864, the Health Partnership posals that were never even intended to nancial relief. Through Creative Federalism Act holds become law. Despite numerous attempts by the real promise to increase the number of No wonder the American people are Democratic Members, Republicans still Americans with health insurance cov- so disgusted with Washington. There is refuse to increase the minimum wage erage. By empowering States to de- so much that this Congress should be to a living wage. It is time for a new di- velop methods that best suit their doing, and yet the House Republicans rection. unique needs, we are putting patients refuse to act. We could raise the min- Six million people who would benefit first which should be the foundation of imum wage for the first time in 9 years from an increase in the minimum wage any reform. This bold initiative takes and give 7 million Americans a pay deserve better than a Congress that re- this inherent knowledge into account raise. wards the wealthiest while punishing and gives States the flexibility to find We could give the Federal Govern- those who need assistance the most solutions to cover the uninsured. ment the ability to negotiate prescrip- and are willing to work for it. Eighty- I encourage my colleagues on both tion drugs on behalf of America’s sen- six percent of Americans support in- sides to sign on as a cosponsor and sup- iors in order to fill the gap in coverage creasing the minimum wage, because port this innovative solution. that millions of seniors will soon face they know, just as Democrats in this f in their drug coverage. We could fi- body know, that it is simply wrong for nally go after Big Oil and guarantee REPUBLICANS IGNORE RISING a full-time worker with a full-time job the American consumer is not to be ENERGY COSTS to live in poverty in this great Nation. gouged at the pump. (Mr. FILNER asked and was given Mr. Speaker, there is a lot we could f permission to address the House for 1 do. The problem is Republicans are out ANNOUNCEMENT BY THE SPEAKER minute.) of ideas. It is time we lead America in PRO TEMPORE Mr. FILNER. Mr. Speaker, gas prices a new direction. The SPEAKER pro tempore. Pursu- are once again at record highs. Accord- f ant to clause 8 of rule XX, the Chair ing to the Bush administration’s own will postpone further proceedings Energy Department, the average na- OIL PRICES ARE A NATIONAL SECURITY ISSUE today on motions to suspend the rules tional price at the pump is now over $3 on which a recorded vote or the yeas a gallon. We are facing the biggest (Mr. DAVIS of Tennessee asked and and nays are ordered, or on which the price rise since Hurricane Katrina 11 was given permission to address the vote is objected to under clause 6 of months ago. House for 1 minute.) rule XX. Yet this Republican Do-Nothing Con- Mr. DAVIS of Tennessee. Mr. Speak- Record votes on postponed questions gress, this Do-Nothing Congress is pre- er, Congress cannot afford to wait an- will be taken later today. pared to leave at the end of the week other day to address our Nation’s en- f for a 5-week recess without passing any ergy crisis. Record gas prices are not legislation that will help consumers only causing pain for American con- NATIONAL SECURITY FOREIGN IN- with prices at the pump. What is the sumers every time they pull up at the VESTMENT REFORM AND holdup—beside the giant heist of Amer- pump, but high prices are also seri- STRENGTHENED TRANSPARENCY ican people? ously threatening our national secu- ACT OF 2006 Why will House Republicans not rity. Mr. OXLEY. Mr. Speaker, I move to work with us to hold Big Oil’s feet to Consider $5 a barrel increase for a suspend the rules and pass the bill the fire for any price gouging that is barrel of oil. That translates into $85 (H.R. 5337) to ensure national security now going on? Why will these House million that goes directly to Iran every while promoting foreign investment Republicans not join us in repealing $20 week, which can then be sent to and the creation and maintenance of billion in tax breaks and subsidies that Hezbollah or to support the escalating jobs, to reform the process by which they gave Big Oil last year? Why won’t sectarian violence in Iraq. such investments are examined for any they join us in taking that money and Neither the Bush administration nor effect they may have on national secu- investing in new energies of the future congressional Republicans have done rity, to establish the Committee on so we can end our dependence on for- enough to wean us off foreign oil. For Foreign Investment in the United eign oil? 5 years now, we have refused to come States, and for other purposes, as The answer, I think, has everything up with bold new ideas. Instead, their amended. to do with their cozy relationship with answer last year was to give oil and gas The Clerk read as follows: Big Oil. It is no wonder that most peo- companies $20 billion in tax breaks and H.R. 5337 subsidies. ple think that the letters GOP mean Be it enacted by the Senate and House of Rep- Gas, Oil and Petroleum. The former top aide to Secretary of resentatives of the United States of America in Mr. Speaker, Americans have dealt State Rice told The New York Times Congress assembled, with high gas prices all summer long. yesterday, I do not think any of us SECTION 1. SHORT TITLE. It is time this House started listening have done a terribly good job of think- This Act may be cited as the ‘‘National Se- to their needs rather than the needs of ing through, and how far behind the curity Foreign Investment Reform and the special interests in the gas and oil eight ball we are on these issues. Strengthened Transparency Act of 2006’’. industry. For 5 years now, Washington Repub- SEC. 2. UNITED STATES SECURITY IMPROVE- MENT AMENDMENTS; CLARIFICA- f licans have been unwilling to think outside of the box for fear that they TION OF REVIEW AND INVESTIGA- DO-NOTHING CONGRESS TION PROCESS. will irritate their special interest Section 721 of the Defense Production Act (Ms. SCHAKOWSKY asked and was friends in Big Oil. I think it is time of 1950 (50 U.S.C. App. 2170) is amended by given permission to address the House that we lead America in a new direc- striking subsections (a) and (b) and inserting for 1 minute.) tion. the following new subsections:

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.014 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5864 CONGRESSIONAL RECORD — HOUSE July 26, 2006

‘‘(a) DEFINITIONS.—For purposes of this sec- breaches a mitigation agreement or condi- ‘‘(B) ADDITIONAL ACTION REQUIRED IN CER- tion, the following definitions shall apply: tion described in subsection (l)(1)(A), and— TAIN CASES.—In the case of any roll call vote ‘‘(1) COMMITTEE.—The term ‘Committee’ ‘‘(I) such breach is certified by the lead de- pursuant to subparagraph (A) in connection means the Committee on Foreign Invest- partment or agency monitoring and enforc- with an investigation under paragraph (2) of ment in the United States. ing such agreement or condition as an inten- any foreign government-controlled trans- ‘‘(2) CONTROL.—The term ‘control’ has the tional material breach; and action in which there is at least 1 vote by a meaning given to such term in regulations ‘‘(II) such department or agency certifies Committee member against approving the which the Committee shall prescribe. that there is no other remedy or enforce- transaction, the investigation shall not be ‘‘(3) COVERED TRANSACTION.—The term ment tool available to address such breach. treated as final or complete until the find- ‘covered transaction’ means any merger, ac- ‘‘(E) TIMING.—Any review under this para- ings and report resulting from such inves- quisition, or takeover by or with any foreign graph shall be completed before the end of tigation are signed by the President (in addi- person which could result in foreign control the 30-day period beginning on the date of tion to the Chairperson and the Vice Chair- of any person engaged in interstate com- the receipt of written notice under subpara- persons of the Committee under subpara- merce in the United States. graph (C) by the Chairperson of the Com- graph (A)). ‘‘(4) FOREIGN GOVERNMENT-CONTROLLED mittee, or the date of the initiation of the ‘‘(4) ANALYSIS BY DIRECTOR OF NATIONAL IN- TRANSACTION.—The term ‘foreign govern- review in accordance with a motion under TELLIGENCE.— ment-controlled transaction’ means any cov- subparagraph (D). ‘‘(A) IN GENERAL.—The Director of Na- ered transaction that could result in the con- ‘‘(2) NATIONAL SECURITY INVESTIGATIONS.— tional Intelligence shall expeditiously carry trol of any person engaged in interstate com- ‘‘(A) IN GENERAL.—In each case in which— out a thorough analysis of any threat to the merce in the United States by a foreign gov- ‘‘(i) a review of a covered transaction national security of the United States of any ernment or an entity controlled by or acting under paragraph (1) results in a determina- covered transaction, including making re- on behalf of a foreign government. tion that— quests for information to the Director of the ‘‘(5) CLARIFICATION.—The term ‘national se- ‘‘(I) the transaction threatens to impair Office of Foreign Assets Control within the curity’ shall be construed so as to include the national security of the United States Department of the Treasury and the Director those issues relating to ‘homeland security’, and that threat has not been mitigated dur- of the Financial Crimes Enforcement Net- including its application to critical infra- ing or prior to the review of a covered trans- work. The Director of National Intelligence structure. action under paragraph (1); or also shall seek and incorporate the views of ‘‘(b) NATIONAL SECURITY REVIEWS AND IN- ‘‘(II) the transaction is a foreign govern- all affected or appropriate intelligence agen- VESTIGATIONS.— ment-controlled transaction; cies. ‘‘(1) NATIONAL SECURITY REVIEWS.— ‘‘(ii) a roll call vote pursuant to paragraph ‘‘(B) 30-DAY MINIMUM.—The Director of Na- ‘‘(A) IN GENERAL.—Upon receiving written (3)(A) in connection with a review under tional Intelligence shall be provided no less notification under subparagraph (C) of any paragraph (1) of any covered transaction re- than 30 days to complete the analysis re- covered transaction, or on a motion made sults in at least 1 vote by a Committee mem- quired under subparagraph (A), except in any under subparagraph (D) with respect to any ber against approving the transaction; or instance described in paragraph (2)(A)(iii). covered transaction, the President, acting ‘‘(iii) the Director of National Intelligence ‘‘(C) INDEPENDENT ROLE OF DIRECTOR.—The through the Committee, shall review the identifies particularly complex intelligence Director of National Intelligence shall not be covered transaction to determine the effects concerns that could threaten to impair the a member of the Committee and shall serve on the national security of the United national security of the United States and no policy role with the Committee other States. Committee members were not able to de- than to provide analysis under subparagraph ‘‘(B) CONTROL BY FOREIGN GOVERNMENT.—If velop and agree upon measures to mitigate (A) in connection with a covered transaction. the Committee determines that the covered satisfactorily those threats during the ini- ‘‘(5) RESUBMITTALS OF NOTICE AND REQUESTS transaction is a foreign government-con- tial review period under paragraph (1), trolled transaction, the Committee shall FOR ADDITIONAL REVIEW OR INVESTIGATION.— the President, acting through the Com- ‘‘(A) IN GENERAL.—No provision of this sub- conduct an investigation of the transaction mittee, shall immediately conduct an inves- under paragraph (2). section shall be construed as prohibiting any tigation of the effects of the transaction on party to a covered transaction from— ‘‘(C) WRITTEN NOTICE.— the national security of the United States ‘‘(i) IN GENERAL.—Any party to any covered ‘‘(i) submitting additional information and take any necessary actions in connec- concerning the transaction, including any transaction may initiate a review of the tion with the transaction to protect the na- transaction under this paragraph by submit- proposed restructuring of the transaction or tional security of the United States. any modifications to any agreements in con- ting a written notice of the transaction to ‘‘(B) TIMING.— the Chairperson of the Committee. nection with the transaction, while any re- ‘‘(i) IN GENERAL.—Any investigation under view or investigation of the transaction is ‘‘(ii) WITHDRAWAL OF NOTICE.—No covered subparagraph (A) shall be completed before transaction for which a notice was submitted on-going; or the end of the 45-day period beginning on the ‘‘(ii) requesting a review or investigation under clause (i) may be withdrawn from re- date of the investigation commenced. view unless— of the transaction after any previous review ‘‘(ii) EXTENSIONS OF TIME.—The period es- or investigation of the same or a similar ‘‘(I) a written request for such withdrawal tablished under subparagraph (B) for any in- transaction has become final if information is submitted by any party to the transaction; vestigation of a covered transaction may be material to the prior review or investigation and extended with respect to any particular in- and not previously submitted to the Com- ‘‘(II) the request is approved in writing by vestigation by the President or by a rollcall mittee becomes known or if any material the Chairperson, in consultation with the vote of at least 2/3 of the members of the change in circumstances to the covered Vice Chairpersons, of the Committee. Committee involved in the investigation by transaction has occurred since the review or ‘‘(iii) CONTINUING DISCUSSIONS.—The ap- the amount of time specified by the Presi- investigation. proval of a withdrawal request under clause dent or the Committee at the time of the ex- ‘‘(B) APPROVAL OF REQUEST.—In the case of (ii) shall not be construed as precluding any tension, not to exceed 45 days, as necessary a request referred to in subparagraph (A)(ii), party to the covered transaction from con- to collect and fully evaluate information re- the Committee shall determine by consensus tinuing informal discussions with the Com- lating to— mittee or any Committee member regarding ‘‘(I) the covered transaction or parties to whether to grant a request. possible resubmission for review pursuant to the transaction; and ‘‘(6) REGULATIONS.—Regulations prescribed this paragraph. ‘‘(II) any effect of the transaction that under this section shall include standard ‘‘(D) UNILATERAL INITIATION OF REVIEW.— could threaten to impair the national secu- procedures for— The President, the Committee, or any mem- rity of the United States. ‘‘(A) submitting any notice of a proposed ber of the Committee may move to initiate ‘‘(3) APPROVAL OF CHAIRPERSON AND VICE or pending covered transaction to the Com- a review under subparagraph (A) of— CHAIRPERSONS REQUIRED.— mittee; ‘‘(i) any covered transaction; ‘‘(A) IN GENERAL.—A review or investiga- ‘‘(B) submitting a request to withdraw a ‘‘(ii) any covered transaction that has pre- tion under this subsection of a covered trans- proposed or pending covered transaction viously been reviewed or investigated under action shall not be treated as final or com- from review; and this section, if any party to the transaction plete until the findings and the report result- ‘‘(C) resubmitting a notice of proposed or submitted false or misleading material infor- ing from such review or investigation are ap- pending covered transaction that was pre- mation to the Committee in connection with proved by a majority of the members of the viously withdrawn from review.’’. the review or investigation or omitted mate- Committee in a roll call vote and signed by SEC. 3. STATUTORY ESTABLISHMENT OF THE rial information, including material docu- the Secretary of the Treasury, the Secretary COMMITTEE ON FOREIGN INVEST- ments, from information submitted to the of Homeland Security, and the Secretary of MENT IN THE UNITED STATES. Committee; or Commerce (and such authority of each such (a) IN GENERAL.—Section 721 of the Defense ‘‘(iii) any covered transaction that has pre- Secretary may not be delegated to any per- Production Act of 1950 (50 U.S.C. App. 2170) is viously been reviewed or investigated under son other than the Deputy Secretary of the amended by striking subsection (k) and in- this section, if any party to the transaction Treasury, the Deputy Secretary of Homeland serting the following new subsection: or the entity resulting from consummation Security, or the Deputy Secretary of Com- ‘‘(k) COMMITTEE ON FOREIGN INVESTMENT IN of the transaction intentionally materially merce, respectively). THE UNITED STATES.—

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.003 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5865

‘‘(1) ESTABLISHMENT.—The Committee on (A) by striking ‘‘may’’ and inserting the National Security Act of 1947), as the Foreign Investment in the United States es- ‘‘shall’’; and lead agency to carry out the requirements of tablished pursuant to Executive Order No. (B) by striking ‘‘among other factors’’; subparagraph (A) with respect to any cov- 11858 shall be a multi-agency committee to (2) by striking ‘‘and’’ at the end of para- ered transaction that is subject to such sub- carry out this section and such other assign- graph (4); paragraph. ments as the President may designate. (3) by striking the period at the end of ‘‘(3) NEGOTIATION, MODIFICATION, MONI- ‘‘(2) MEMBERSHIP.—The Committee shall be paragraph (5) and inserting a semicolon; and TORING, AND ENFORCEMENT.— comprised of the following members or the (4) by adding at the end the following new ‘‘(A) DESIGNATION OF AGENCY.—The Com- designee of any such member: paragraphs: mittee shall designate a Federal department ‘‘(A) The Secretary of the Treasury. ‘‘(6) whether the covered transaction has a or agency as the lead agency to negotiate, ‘‘(B) The Secretary of Homeland Security. security-related impact on critical infra- modify, monitor, and enforce any agreement ‘‘(C) The Secretary of Commerce. structure in the United States; entered into or condition imposed under ‘‘(D) The Secretary of Defense. ‘‘(7) whether the covered transaction is a paragraph (1) with respect to a covered ‘‘(E) The Secretary of State. foreign government-controlled transaction; transaction based on the expertise with and ‘‘(F) The Attorney General. and knowledge of the issues related to such ‘‘(G) The Secretary of Energy. ‘‘(8) such other factors as the President or transaction on the part of the designated de- ‘‘(H) The Chairman of the Council of Eco- the President’s designee may determine to partment or agency. nomic Advisors. be appropriate, generally or in connection ‘‘(B) REPORTING BY DESIGNATED AGENCY.— ‘‘(I) The United States Trade Representa- with a specific review or investigation.’’. ‘‘(i) IMPLEMENTATION REPORTS.—The Fed- tive. eral department or agency designated by the SEC. 5. NONWAIVER OF SOVEREIGN IMMUNITY. ‘‘(J) The Director of the Office of Manage- Committee as a lead agency under subpara- Section 721(d) of the Defense Production ment and Budget. graph (A) in connection with any agreement Act of 1950 (50 U.S.C. App. 2170(d)) is amended ‘‘(K) The Director of the National Eco- entered into or condition imposed under by adding at the end the following new sen- nomic Council. paragraph (1) with respect to a covered tence: ‘‘The United States shall not be held ‘‘(L) The Director of the Office of Science transaction shall— liable for any losses or other expenses in- and Technology Policy. ‘‘(I) provide periodic reports to the Chair- ‘‘(M) The President’s Assistant for Na- curred by any party to a covered transaction person and Vice Chairpersons of the Com- tional Security Affairs. as a result of actions taken under this sec- mittee on the implementation of such agree- ‘‘(N) Any other designee of the President tion after a covered transaction has been ment or condition; and from the Executive Office of the President. consummated if the party did not submit a ‘‘(II) require, as appropriate, any party to written notice of the transaction to the ‘‘(3) CHAIRPERSON; VICE CHAIRPERSONS.— the covered transaction to report to the head The Secretary of the Treasury shall be the Chairperson of the Committee under sub- of such department or agency (or the des- Chairperson of the Committee. The Sec- section (b)(1)(C) or did not wait until the ignee of such department or agency head) on retary of Homeland Security and the Sec- completion of any review or investigation the implementation or any material change retary of Commerce shall be the Vice Chair- under subsection (b), or the end of the 15-day in circumstances. persons of the Committee. period referred to in this subsection, before ‘‘(ii) MODIFICATION REPORTS.—The Federal ‘‘(4) OTHER MEMBERS.—Subject to sub- consummating the transaction.’’. department or agency designated by the section (b)(4)(B), the Chairperson of the Com- SEC. 6. MITIGATION, TRACKING, AND POST-CON- Committee as a lead agency under subpara- mittee shall involve the heads of such other SUMMATION MONITORING AND EN- graph (A) in connection with any agreement Federal departments, agencies, and inde- FORCEMENT. entered into or condition imposed with re- pendent establishments in any review or in- Section 721 of the Defense Production Act spect to a covered transaction shall— vestigation under subsection (b) as the of 1950 (50 U.S.C. App. 2170) is amended by in- ‘‘(I) provide periodic reports to the Chair- Chairperson, after consulting with the Vice serting after subsection (k) (as amended by person and Vice Chairpersons of the Com- Chairpersons, determines to be appropriate section 3 of this Act) the following new sub- mittee on any modification to any such on the basis of the facts and circumstances section: agreement or condition imposed with respect of the transaction under investigation (or ‘‘(l) MITIGATION, TRACKING, AND to the transaction; and the designee of any such department or agen- POSTCONSUMMATION MONITORING AND EN- ‘‘(II) ensure that any significant modifica- cy head). FORCEMENT.— tion to any such agreement or condition is ‘‘(5) MEETINGS.—The Committee shall meet ‘‘(1) MITIGATION.— reported to the Director of National Intel- upon the direction of the President or upon ‘‘(A) IN GENERAL.—The Committee or any ligence and to any other Federal department the call of the Chairperson of the Committee agency designated by the Chairperson and or agency that may have a material interest without regard to section 552b of title 5, Vice Chairpersons may negotiate, enter into in such modification.’’. United States Code (if otherwise applicable). or impose, and enforce any agreement or SEC. 7. INCREASED OVERSIGHT BY THE CON- ‘‘(6) COLLECTION OF EVIDENCE.—Subject to condition with any party to a covered trans- GRESS. subsection (c), the Committee may, for the action in order to mitigate any threat to the (a) REPORT ON ACTIONS.—Section 721(g) of purpose of carrying out this section— national security of the United States. the Defense Production Act of 1950 (50 U.S.C. ‘‘(A) sit and act at such times and places, ‘‘(B) RISK-BASED ANALYSIS REQUIRED.—Any App. 2170) is amended to read as follows: take such testimony, receive such evidence, agreement entered into or condition imposed ‘‘(g) REPORTS TO THE CONGRESS.— administer such oaths; and under subparagraph (A) shall be based on a ‘‘(1) REPORTS ON COMPLETED COMMITTEE IN- ‘‘(B) require the attendance and testimony risk-based analysis of the threat to national VESTIGATIONS.— of such witnesses and the production of such security of the covered transaction. ‘‘(A) IN GENERAL.—Not later than 5 days books, records, correspondence, memoranda, ‘‘(2) TRACKING AUTHORITY FOR WITHDRAWN after the completion of a Committee inves- papers, and documents as the Chairperson of NOTICES.— tigation of a covered transaction under sub- the Committee may determine advisable. ‘‘(A) IN GENERAL.—If any written notice of section (b)(2), or, if the President indicates ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— a covered transaction that was submitted to an intent to take any action authorized There are authorized to be appropriated to the Committee under this section is with- under subsection (d) with respect to the the Secretary of the Treasury for each of fis- drawn before any review or investigation by transaction, after the end of 15-day period re- cal years 2007, 2008, 2009, and 2010, expressly the Committee under subsection (b) is com- ferred to in subsection (d), the Chairperson and solely for the operations of the Com- pleted, the Committee shall establish, as ap- or a Vice Chairperson of the Committee shall mittee that are conducted by the Secretary, propriate— submit a written report on the findings or the sum of $10,000,000.’’. ‘‘(i) interim protections to address specific actions of the Committee with respect to (b) TECHNICAL AND CONFORMING AMEND- concerns with such transaction that have such investigation, the determination of MENT.—The first sentence of section 721(c) of been raised in connection with any such re- whether or not to take action under sub- the Defense Production Act of 1950 (50 U.S.C. view or investigation pending any resubmis- section (d), an explanation of the findings App. 2170(c)) is amended— sion of any written notice under this section under subsection (e), and the factors consid- (1) by striking ‘‘material filed with’’ and with respect to such transaction and further ered under subsection (f), with respect to inserting ‘‘material, including proprietary action by the President under this section; such transaction, to— business information, filed with, or testi- ‘‘(ii) specific timeframes for resubmitting ‘‘(i) the Majority Leader and the Minority mony presented to,’’; and any such written notice; and Leader of the Senate; (2) by striking ‘‘or documentary material’’ ‘‘(iii) a process for tracking any actions ‘‘(ii) the Speaker and the Minority Leader the 2nd place such term appears and insert- that may be taken by any party to the trans- of the House of Representatives; and ing ‘‘, documentary material, or testimony’’. action, in connection with the transaction, ‘‘(iii) the chairman and ranking member of SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE before the notice referred to in clause (ii) is each committee of the House of Representa- CONSIDERED. resubmitted. tives and the Senate with jurisdiction over Section 721(f) of the Defense Production ‘‘(B) DESIGNATION OF AGENCY.—The Com- any aspect of the covered transaction and its Act of 1950 (50 U.S.C. App. 2170(f)) is amend- mittee may designate an appropriate Federal possible effects on national security, includ- ed— department or agency, other than any entity ing the Committee on International Rela- (1) in the matter preceding paragraph (1)— of the intelligence community (as defined in tions, the Committee on Financial Services,

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.003 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5866 CONGRESSIONAL RECORD — HOUSE July 26, 2006

and the Committee on Energy and Commerce presidential decisions or actions under this (d) STUDY AND REPORT.— of the House of Representatives. section. (1) STUDY REQUIRED.—Before the end of the ‘‘(B) NOTICE AND BRIEFING REQUIREMENT.—If ‘‘(C) Cumulative and, as appropriate, trend 120-day period beginning on the date of the a written request for a briefing on a covered information on the business sectors involved enactment of this Act, the Secretary of the transaction is submitted to the Committee in the filings which have been made, and the Treasury, in consultation with the Secretary by any Senator or Member of Congress who countries from which the investments have of State and the Secretary of Commerce, receives a report on the transaction under originated. shall conduct a study on investments in the subparagraph (A), the Chairperson or a Vice ‘‘(D) Information on whether companies United States, especially investments in Chairperson (or such other person as the that withdrew notices to the Committee in critical infrastructure and industries affect- Chairperson or a Vice Chairperson may des- accordance with subsection (b)(1)(C)(ii) have ing national security, by— ignate) shall provide 1 classified briefing to later re-filed such notices, or, alternatively, (A) foreign governments, entities con- each House of the Congress from which any abandoned the transaction. trolled by or acting on behalf of a foreign such briefing request originates in a secure ‘‘(E) The types of security arrangements government, or persons of foreign countries facility of appropriate size and location that and conditions the Committee has used to which comply with any boycott of Israel; or shall be open only to the Majority Leader mitigate national security concerns about a (B) foreign governments, entities con- and the Minority Leader of the Senate, the transaction. trolled by or acting on behalf of a foreign Speaker and the Minority Leader of the ‘‘(F) A detailed discussion of all perceived government, or persons of foreign countries House of Representatives, (as the case may adverse effects of covered transactions on which do not ban organizations designated be) the chairman and ranking member of the national security or critical infrastruc- by the Secretary of State as foreign terrorist each committee of the House of Representa- ture of the United States that the Com- organizations. tives or the Senate (as the case may be) with mittee will take into account in its delibera- (2) REPORT.—Before the end of the 30-day jurisdiction over any aspect of the covered tions during the period before delivery of the period beginning upon completion of the transaction and its possible effects on na- next such report, to the extent possible. study under paragraph (1) or in the next tional security, including the Committee on ‘‘(3) CONTENTS OF REPORT RELATING TO CRIT- semi-annual report under section 721(m) of International Relations, the Committee on ICAL TECHNOLOGIES.— the Defense Production Act of 1950 (as added Financial Services, and the Committee on ‘‘(A) IN GENERAL.—In order to assist the by subsection (b)), the Secretary of the Energy and Commerce of the House of Rep- Congress in its oversight responsibilities Treasury shall submit a report to the Con- resentatives, and appropriate staff members with respect to this section, the President gress, for transmittal to all appropriate com- who have security clearance. and such agencies as the President shall des- mittees of the Senate and the House of Rep- ‘‘(2) APPLICATION OF OTHER PROVISION.— ignate shall include in the semi-annual re- resentatives, containing the findings and ‘‘(A) IN GENERAL.—The disclosure of infor- port submitted under paragraph (1) the fol- conclusions of the Secretary with respect to mation under this subsection shall be con- lowing: the study, together with an analysis of the sistent with the requirements of subsection ‘‘(i) An evaluation of whether there is cred- effects of such investment on the national (c). Members of Congress and staff of either ible evidence of a coordinated strategy by 1 security of the United States and on any ef- House or any committee of the Congress or more countries or companies to acquire forts to address those effects. shall be subject to the same limitations on United States companies involved in re- disclosure of information as are applicable search, development, or production of crit- SEC. 8. CERTIFICATION OF NOTICES AND ASSUR- ANCES. under such subsection. ical technologies for which the United States Section 721 of the Defense Production Act ‘‘(B) PROPRIETARY INFORMATION.—Propri- is a leading producer. of 1950 (50 U.S.C. App. 2170) is amended by in- etary information which can be associated ‘‘(ii) An evaluation of whether there are in- serting after subsection (m) (as added by sec- with a particular party to a covered trans- dustrial espionage activities directed or di- tion 7(b) of this Act) the following new sub- action shall be furnished in accordance with rectly assisted by foreign governments section: subparagraph (A) only to a committee of the against private United States companies ‘‘(n) CERTIFICATION OF NOTICES AND ASSUR- Congress and only when the committee pro- aimed at obtaining commercial secrets re- ANCES.—Each notice required to be sub- lated to critical technologies. vides assurances of confidentiality, unless mitted, by a party to a covered transaction, ‘‘(B) CRITICAL TECHNOLOGIES DEFINED.—For such party otherwise consents in writing to to the President or the President’s designee purposes of this paragraph, the term ‘critical such disclosure.’’. under this section and regulations prescribed (b) SEMI-ANNUAL REPORT.—Section 721 of technologies’ means technologies identified under such section, and any information sub- the Defense Production Act of 1950 (50 U.S.C. under title VI of the National Science and mitted by any such party in connection with App. 2170) is amended by inserting after sub- Technology Policy, Organization, and Prior- section (l) (as added by section 6 of this Act) ities Act of 1976 or other critical technology, any action for which a report is required pur- the following new subsection: critical components, or critical technology suant to paragraph (3)(B)(ii) of subsection (l) ‘‘(m) SEMI-ANNUAL REPORT TO THE CON- items essential to national defense or na- with respect to the implementation of any GRESS.— tional security identified pursuant to this mitigation agreement or condition described ‘‘(1) IN GENERAL.—The Chairperson of the section. in paragraph (1)(A) of such subsection, or any material change in circumstances, shall Committee shall transmit a report to the ‘‘(C) RELEASE OF UNCLASSIFIED STUDY.— chairman and ranking member of each com- That portion of the semi-annual report under be accompanied by a written statement by mittee of the House of Representatives and paragraph (1) that is required by this para- the chief executive officer or the designee of the Senate with jurisdiction over any aspect graph may be classified. An unclassified the person required to submit such notice or of the report, including the Committee on version of that portion of the report shall be information certifying that, to the best of International Relations, the Committee on made available to the public.’’. the person’s knowledge and belief— Financial Services, and the Committee on (c) INVESTIGATION BY INSPECTOR GEN- ‘‘(1) the notice or information submitted Energy and Commerce of the House of Rep- ERAL.— fully complies with the requirements of this resentatives, before January 31 and July 31 (1) IN GENERAL.—The Inspector General of section or such regulation, agreement, or of each year on all the reviews and investiga- the Department of the Treasury shall con- condition; and tions of covered transactions conducted duct an independent investigation to deter- ‘‘(2) the notice or information is accurate under subsection (b) during the 6-month pe- mine all of the facts and circumstances con- and complete in all material respects.’’. riod covered by the report. cerning each failure of the Department of SEC. 9. REGULATIONS. ‘‘(2) CONTENTS OF REPORT RELATING TO COV- the Treasury to make any report to the Con- Section 721(h) of the Defense Production ERED TRANSACTIONS.—The report under para- gress that was required under section 721(k) Act of 1950 (50 U.S.C. App. 2170(h)) is amend- graph (1) shall contain the following infor- of the Defense Production Act of 1950 (as in ed to read as follows: mation with respect to each covered trans- effect before the date of the enactment of ‘‘(h) REGULATIONS.—The President shall di- action: this Act). rect the issuance of regulations to carry out ‘‘(A) A list of all notices filed and all re- (2) REPORT TO THE CONGRESS.—Before the this section. Such regulations shall, to the views or investigations conducted during the end of the 270-day period beginning on the extent possible, minimize paperwork burdens period with basic information on each party date of the enactment of this Act, the In- and shall to the extent possible coordinate to the transaction, the nature of the business spector General of the Department of the reporting requirements under this section activities or products of all pertinent per- Treasury shall submit a report to the chair- with reporting requirements under any other sons, along with information about the sta- man and ranking member of each committee provision of Federal law.’’. tus of the review or investigation, informa- of the House of Representatives and the Sen- SEC. 10. EFFECT ON OTHER LAW. tion on any withdrawal from the process, ate with jurisdiction over any aspect of the Section 721(i) of the Defense Production any rollcall votes by the Committee under report, including the Committee on Inter- Act of 1950 (50 U.S.C. App. 2170(i)) is amended this section, any extension of time for any national Relations, the Committee on Finan- to read as follows: investigation, and any presidential decision cial Services, and the Committee on Energy ‘‘(i) EFFECT ON OTHER LAW.—No provision or action under this section. and Commerce of the House of Representa- of this section shall be construed as altering ‘‘(B) Specific, cumulative, and, as appro- tives, on the investigation under paragraph or affecting any other authority, process, priate, trend information on the numbers of (1) containing the findings and conclusions of regulation, investigation, enforcement meas- filings, investigations, withdrawals, and the Inspector General. ure, or review provided by or established

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.003 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5867 under any other provision of Federal law, in- ager’s amendment that makes only a need to reform the process by which cluding the International Emergency Eco- few changes made to further strength- the United States Government reviews nomic Powers Act, or any other authority of en the process. Among those changes foreign acquisitions of businesses in the President or the Congress under the Con- are the addition of Commerce Sec- the United States for national security stitution of the United States.’’. retary as a second Vice Chair of threats, the Committee for Foreign In- The SPEAKER pro tempore. Pursu- CFIUS; the addition of the Energy Sec- vestment in the United States, or ant to the rule, the gentleman from retary to CFIUS itself; clarification CFIUS. Ohio (Mr. OXLEY) and the gentlewoman that CFIUS reviews are to be done to This bill was unanimously approved from New York (Mrs. MALONEY) each determine the effects of a transaction by the Financial Services Committee will control 20 minutes. on national security; the requirement and has received strong bipartisan sup- The Chair recognizes the gentleman that the 30-day review period end with port in the Homeland Security Com- from Ohio. a roll call vote, with any single dis- mittee. It also reflects the input of the GENERAL LEAVE senting vote sending the transaction Energy and Commerce, Armed Services Mr. OXLEY. Mr. Speaker, I ask unan- into the 45-day investigative period; and International Relations Commit- imous consent that all Members may and further clarification of the role of tees. have 5 legislative days within which to the Director of National Intelligence in We have all worked hard together to revise and extend their remarks on this the CFIUS process. achieve a strong and sensible bill, and legislation and to insert extraneous Mr. Speaker, what we need to accom- I would like to thank the members and material thereon. plish is to strengthen the national se- staff of these committees as well as my The SPEAKER pro tempore. Is there curity in two ways: by increasing ad- own staff for their support and hard objection to the request of the gen- ministration accountability and by im- work. tleman from Ohio? proving the ability of Congress to per- H.R. 5337, the National Security There was no objection. form necessary oversight. This bill FIRST Act, is widely recognized as a Mr. OXLEY. Mr. Speaker, I yield my- does both. The result will be a process balanced approach which protects na- self such time as I may consume. that stops what should be disapproved tional security, first, while continuing Mr. Speaker, I rise today to urge all and gives a green light to what should to encourage safe and important for- Members to support H.R. 5337, the Na- be approved, including, of course, any eign investment, to create American tional Security FIRST Act, which modifications needed to protect jobs and improve our economy. makes important reforms to the proc- against the loss of the defense indus- Many observers, both domestic and ess by which the Committee on Foreign trial base or a critical technology. foreign, think our bill has struck this Investment of the United States scruti- This is a strong and effective bill balance successfully. The National Se- nizes purchases of U.S. businesses by here that corrects exactly what was curity FIRST Act incorporates and foreign ones, to ensure that there is no wrong with the CFIUS process without builds on a bipartisan bill I introduced threat to national security. overreaching and causing further prob- earlier, based on reforms proposed by As we consider this legislation, we lems. It continues to give CFIUS the the General Accounting Office even be- must remember that the result of for- flexibility to exercise discretion, allow- fore Dubai Ports World brought this eign investment in the United States ing it to focus on investments that issue into the spotlight. These rec- has been spectacular. U.S. subsidiaries raise national security concerns. I do ommendations of the GAO were obvi- of foreign-owned companies employ not and will not support some of the ously not knee-jerk reactions to the Dubai crisis but addressed structural nearly 51⁄2 million Americans. The av- other proposals that have been put for- erage salary for those workers is a ward, such as any additional time problems in the CFIUS process and so healthy $60,000 and a third of those jobs delays or directly involving Congress provided a sound and farsighted basis are in manufacturing. in the decisionmaking process. I be- for long-term reform. lieve we need to take great care to re- This bill addresses three core issues. At a time when we are concerned First, the bill strengthens national about our balance of trade, it is impor- frain from inserting politics into the consideration process, and that goal security protections. All foreign gov- tant to note that more than 20 percent ernment-controlled entities must go of U.S. exports are produced by U.S. has been achieved here. Mr. Speaker, we must protect our na- through a 45-day rigorous investigation subsidiaries of foreign companies. Mr. in addition to the 30-day review. This is Speaker, we all know why we are here tional security, but national security includes economic security. Let’s re- necessary because government-con- today. member that it is our economic secu- trolled entities could have agendas Congress and the country went rity and prosperity that give us the re- other than profit and can pay whatever through a very difficult period this sources to provide adequately for our they want to accomplish them. Private spring after we learned about the internal and external defenses. We sim- companies would not be able to com- Dubai Ports sale. ply must not drive off those who want pete. b 1245 to make the wise investment in our To ensure greater accountability and better judgment, all reviews and inves- As a response, in one of the best ex- great economy. Our friends in the other body should tigations by CFIUS will require sign- amples of bipartisanship I have seen in understand that no bill would be a pref- off at the highest levels. The Secretary my tenure here, H.R. 5337 was intro- erable alternative to a bad bill, and we or Deputy Secretary of Treasury, duced by Majority Whip BLUNT, Chair- in the House will not sacrifice Amer- Homeland Security and Commerce woman PRYCE, Mrs. MALONEY and Mr. ican prosperity and job growth when must sign the CFIUS recommendation. CROWLEY and now has nearly 90 cospon- there is no real improvement to Amer- The Dubai Ports deal was approved by sors. It is a very good bill that address- ican security. 12 people and agencies. No one had ever es what some see as flaws in the CFIUS Mr. Speaker, this is an excellent bill; heard of these particular people. This process without creating new problems and I think the CFIUS process and our bill makes Cabinet officers responsible or barriers to investment. national security would be improved by to the American people for their deci- I would particularly like to com- enacting it exactly as written. sions. pliment Chairwoman PRYCE for her Mr. Speaker, I reserve the balance of Also important, all reviews and in- leadership on this complex issue. In my time. vestigations will be analyzed by the Di- three very thorough hearings, she Mrs. MALONEY. Mr. Speaker, I yield rector of National Intelligence, whose made certain,ky018 members were well- myself such time as I may consume. input is required under the bill. versed in the details of the CFIUS proc- Mr. Speaker, I am delighted to join For the first time, CFIUS will have a ess before any legislating was done. my colleagues, Representatives OXLEY, set of mandatory factors to consider in The result was a unanimous 64–0 vote PRYCE, CROWLEY and Majority Whip determining whether the purchase for passage in the Financial Services BLUNT in bipartisan support of H.R. could affect national security, includ- Committee. 5337, the National Security FIRST Act. ing whether it affects critical infra- The language we are considering After the Dubai Ports World disaster, structure such as ports, energy trans- today is nearly identical, with a man- it was clear that there was a pressing mission or voting machines.

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.003 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5868 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Second, the bill builds in congres- that invest in those companies. The today. We improve our security in the sional oversight by requiring twice-an- tremendous efforts that Mrs. MALONEY right way. nual reporting to Congress of all com- has made and is making again today on And, again, before, as I close, I would pleted actions by CFIUS. In order to the floor, as well as the efforts of Mr. like to thank the staff that has worked ensure that this administration does CROWLEY, have all been significant in so hard: Joe Pinder, Bob Foster, Jackie not evade its responsibility by only re- trying to take a problem and create Moran, Sam Geduldig on my staff, and porting to one or two members, the bill the right solution. Chairman BARTON, many other staffers on all of these specifies that both majority and minor- Chairman KING, Chairman HOEKSTRA, committees whose chairmen have been ity members of the relevant commit- all original cosponsors of the bill and mentioned who have worked this bill in tees will be notified. who have all helped this bill as it a way that solves a complicated prob- Additionally, Congress would be noti- worked its way through the process. lem in the right way. Mrs. MALONEY. Mr. Speaker, I yield fied promptly of any extensive inves- Chairman HYDE and Chairman HUNTER 1 tigation or transaction involving a for- had significant input. Certainly the 3 ⁄2 minutes to the gentleman from eign government purchase. ranking member of the Financial Serv- Massachusetts (Mr. FRANK), ranking member of the Financial Services Com- Involving Congress can help the ices Committee, Mr. FRANK, had input mittee. CFIUS agencies be more aware of and was very helpful in what I think is transactions that raise a red flag. For a product that we can be pleased with b 1300 example, recently I wrote a letter to here, as was Mr. SMITH from Texas. Mr. FRANK of Massachusetts. Mr. Secretary Snow urging CFIUS to re- A few months ago, the country and, Speaker, I thank the gentlewoman. She view a transaction in which a company frankly, many Members, virtually ev- and the gentleman from New York (Mr. with strong Venezuelan ties acquired a erybody in the legislature, and even CROWLEY) and others on our committee major electronic voting company in more frankly almost everybody in the on both sides of the aisle worked con- the United States. Treasury says it is administration, was surprised when the structively on a good bill. I appreciate conducting a pre-review of whether the announcement was made that this par- the kind words of the majority whip. company is owned by the Venezuelan ticular decision had been made regard- There was a threatening climate to- Government and whether the deal puts ing one of our ports. That called atten- wards foreign direct investment a few our electoral system at risk. Regard- tion to the fact that the CFIUS process months ago as a result of the reaction less of the outcome, this is a good ex- was a process that might have worked to the Dubai Ports. I thought it was a ample of why this bill is needed. well in a previous time, but the Com- mistake to allow Dubai to be able to The third impact of the bill is to mittee on Foreign Investment in the buy those ports, but I did think that strengthen the CFIUS enforcement and United States was not designed to meet the reaction against that threatened to monitoring systems. In many cases, our time. The attacks on September 11 jeopardize a very important source of the U.S. Government enters into a con- changed that. That world needs to be support for the American economy, and tract with a foreign purchaser to en- balanced with a global economy, where that is foreign direct investment. sure U.S. Government concerns regard- even if you don’t know that you own There was among some of our col- ing national security are met. This bill stock in an American company that leagues a kind of reaction to say, ‘‘We strengthens these contracts and adds may be the subject of purchase, your don’t want them bringing their money provisions to follow up on whether the pension plan may be very dependent on in here and investing in America.’’ foreign purchasers are complying. the value of that company. That was unwise, and I think cooler Also, the bill provides for greater So what this bill does, Mr. Speaker, heads on both sides of the aisle have oversight of withdrawals from the is I think arrive at the right balance prevailed, and we have a bill that rec- CFIUS process. The GAO, the Govern- that, first and foremost, does protect ognizes that foreign direct investment, ment Accountability Office, noted a our security but does that in a way the foreign investment in building pattern of applicants withdrawing if that doesn’t needlessly impact the plants and running enterprises in they needed or received indications of value of American companies and America, is a good thing. Many Americans complain when concern and then going ahead with the American assets in the marketplace. American corporations invest their flawed transaction anyway without the The points that have been made by money in physical facilities overseas. CFIUS approval. These off-the-radar the previous speakers are certainly the Well, it then does not make sense to deals pose great risk and great incen- points that need to be made. Congress complain about the reciprocal. Yes, we reaffirmed the intent of the Congress tives, and we need to adopt better mon- want to make sure that nothing is done to look more carefully at companies itoring of them. that jeopardizes our security. In sum, this bill is a sensible, bal- that are owned by foreign governments I think we have a bill today that im- anced approach to making sure foreign in light of particularly some of the ex- proves the situation without any kind acquisitions do not jeopardize our na- amples that have been given. The ex- of drastic change of a sort that would tional security, while not killing for- ample that was just given by Mrs. have endangered foreign direct invest- eign investment in our country. I urge MALONEY would be an example. ment, and I have to say there was a my colleagues to support the bill. Nine- We have increased the accountability terrible mistake made by the Bush ad- ty of our colleagues are cosponsors. of CFIUS by establishing the process ministration, in my judgment, in not Mr. Speaker, I reserve the balance of more fully in statute, by adding the shutting down the Dubai Ports thing my time. Department of Homeland Security and before we got to it. Mr. OXLEY. Mr. Speaker, I am the Secretary of Homeland Security, I do think we should be very clear, pleased now to yield 4 minutes to the the Secretary of Commerce as vice though, we have to differentiate be- gentleman from Missouri (Mr. BLUNT), chairmen. We have also added the De- tween laws which are badly adminis- the majority whip and the lead sponsor partment of Energy to the committee tered and laws which are badly struc- of this important legislation. and formalized the importance of each tured. We have had cases, in my view, Mr. BLUNT. Mr. Speaker, I thank of the agencies in reaching a conclu- where this administration has messed the chairman for yielding time and for sion. We have increased congressional up on a number of occasions. I think the great work he has done on this bill, oversight and done the right things they badly handled Katrina. They the work that his committee has done, here. made a terrible mistake with Dubai, particularly the work that Chairman I think the key to this legislation as but if we were going to drastically PRYCE and her subcommittee has done it hopefully moves forward today is the wrench out of shape every law that this not only to look at this bill carefully tremendous bipartisan effort that has administration administers poorly, we in hearings but have significant input been made. If our colleagues approve would not be taking an August recess. and then crafting what a bill would this bill today, I know we all look for- That would keep us busier than we al- look like that protects our country in ward to working with Senators SHELBY ready are. a post-9/11 world but still also protects and SARBANES in conference and get- What we have to do is make a separa- our economy and American companies ting this problem solved in this Con- tion. We have to be able to differen- and American pension plans and others gress. We have a tough bill on the floor tiate between the incompetence of an

VerDate Aug 31 2005 00:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.018 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5869 administration and a structural failing In Ohio, we have seen the benefits of yielding me the time, and I rise in in the law. open markets and foreign investment, strong support of this bipartisan piece Now, we have done that in this case. welcoming into our communities Sie- of legislation. I understand the bipartisanship ex- mens, Sodexho, Honda, Lexis-Nexis, I want to commend the work of Ma- tends here to the restructuring, in a and many, many more. jority Whip BLUNT, a good friend, as reasonable way, in the law and not to Honda Motor Corporation has become well as Representative PRYCE and Rep- recognition in my part on the incom- the largest auto producer in Ohio be- resentative MALONEY for their leader- petency of the administration. I do not ginning production in 1979 with an ini- ship of working on this legislation. I mean to include my colleagues in say- tial investment of $35 million in also want to recognize the outgoing ing that, but I do think this is the prin- Marysville, Ohio. To date, Honda’s cap- chairman and my good friend, Mike ciple we have tried to follow on our ital investment in Ohio tops $6.3 billion Oxley, for all of his work on this and side. over 26 years. Honda’s North American the many pieces of legislation we have When this administration messes plants purchased more than $6.5 billion worked together on in a bipartisan something up, we should not overreact in parts from 150 different Ohio sup- way, and particularly BARNEY FRANK, and wrench the structure out of shape. pliers just in 2005. Honda’s investment who saw through all of this, cut We should make those structural in the people of Ohio keeps approxi- through the politics and right to the changes that might be called for. That mately 8,500 people employed. chase and worked very hard in seeing is what we are doing here, and we are When a foreign company looks to in- that this important bill passed today. preserving the role that foreign direct vest in the U.S., they are looking to H.R. 5337 works to keep the flow of investment can play in the United grow their business, and that equals direct foreign investment in the U.S.A. States. We can express the hope that growing jobs in the United States. The strong while putting national security this administration in its remaining U.S. Commerce Department says that first. This is a good jobs bill, pro-busi- time will not misadminister this as foreign firms doing business in the U.S. ness. It is pro-labor, and this bill does badly as they did before. employed nearly 5.1 million employees all things to help to secure our Nation, Mr. OXLEY. Mr. Speaker, I yield 3 in 2004, slightly less than one out of yet not stop investment here in the minutes to the gentlewoman from Ohio every 20 workers in the private sector. United States. I am pleased to say this This process of reforming CFIUS has (Ms. PRYCE), the chairman of the ap- bill enjoyed unanimous support in the propriate subcommittee who has shown the potential to undercut the United Committee on Financial Services, pass- enormous leadership on this issue. States’ long-standing support for cap- ing on a 64–0 vote. Ms. PRYCE of Ohio. Mr. Speaker, I ital market access and the free move- This bill enjoys the support of every- want to thank the chairman for yield- ment of capital. Thanks to the chair- one from the Center for American ing me the time and his invaluable man’s leadership and a very thoughtful Progress to the Chamber of Commerce. leadership on this piece of legislation. approach to this reform effort, I be- This bill is about keeping the flow of His leadership led us very thoughtfully lieve this legislation continues to focus foreign investment coming to the U.S. through this process, and we did not our efforts in securing our Nation, and not driving these funds and their have a knee-jerk reaction that so often while remaining committed to free subsequent jobs out of the country. happens around here. Your valued ex- trade as one of the greatest engines of But H.R. 5337 includes new, tough perience and insights have made this prosperity. safeguards put in place to ensure the In recent months, the Treasury De- much better legislation. Thank you. security of America first. This entire partment has made strides in congres- Over the last few months, we have legislative initiative, which has been sional notification of pending deals heard very much about CFIUS. Media pursued in a bipartisan fashion, is a re- that could potentially affect national reports of CFIUS transactions such as sult of the botched handling of the security, but that is simply not the Dubai Ports deal have given pause DPW transaction, the Dubai Ports enough. This legislation ensures that a to most Americans and awakened this deal. That transaction involved a gov- Dubai Ports World situation does not Congress to the need to reform the ernment-owned company from Dubai happen again in a post-9/11 world. When process of allowing foreign investment questions of national security or for- buying into various port assets here in in the United States. Congress has eign government ownership arise, ac- the United States. As a result, a significant and appro- taken a strong position on national se- countability is clear, and the trans- priate focus of the committee has been curity since 9/11, and this legislation action moved immediately to inves- updates CFIUS for a post-9/11 world tigation. to toughen the scrutiny for acquisi- where national security and homeland The American people can feel con- tions by government-owned companies security need to be considered much fident that this legislation institutes since some government-owned compa- more strongly than in years past. Na- the oversight and protections needed to nies will make decisions based on gov- tional security, however, is not mutu- determine if a foreign investment ernment interests and not commercial ally exclusive of economic security. transaction is in the best interests of interests. No job, no deal, no trans- This legislation strives to ensure na- the United States’ national security. action is worth threatening the safety tional security while promoting the In a world intertwined by global com- of Americans, and this bill puts those creation and maintenance of jobs. panies, it is important we continue to conditions in place. We all know this to This legislation institutes vice chair protect U.S. national and economic se- be true, but being from New York City, positions in CFIUS to be filled by the curity while promoting foreign invest- it is even more true. Secretary of Homeland Security and ment. This issue touches every Amer- This bill will provide strong, new the Secretary of Commerce. We believe ican who wants to know that each day safeguards to ensure our Nation’s secu- it shows how America continues to they are safe. rity and protect critical infrastructure, think globally for investment and lo- I want to thank the chairman and but also continues to give CFIUS flexi- cally for security. Ranking Member FRANK, my good bility to exercise discretion, allowing While strengthening our security, we friend, Ranking Member MALONEY, our CFIUS to focus on the deals that raise have also continued our work to whip, Mr. BLUNT, and Representative real national security issues and not strengthen our relationships and open CROWLEY and everyone who worked so get bogged down into those deals with markets with nations abroad. These hard on this, and I urge support. no national security implications at countries have a growing appetite for Mrs. MALONEY. Mr. Speaker, I yield all. foreign goods and products, American 31⁄2 minutes to the gentleman from New For example, this bill will allow products and American investments. York (Mr. CROWLEY) who has worked CFIUS to go straight to an investiga- American companies and brand very hard on this bill. tion phase if CFIUS so decides that the names that we all recognize have (Mr. CROWLEY asked and was given concerns are so serious as to merit grown exponentially because of these permission to revise and extend his re- this. market openings, and growing Amer- marks.) This is a good bill, protecting na- ican companies mean growing Amer- Mr. CROWLEY. Mr. Speaker, I thank tional security, guaranteeing the flow ican jobs. the gentlewoman from New York for of direct foreign investment in the

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.020 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5870 CONGRESSIONAL RECORD — HOUSE July 26, 2006 U.S., and ensuring we will not have an- strategic ports or any other facility and working with my other colleagues other Dubai Ports debacle, and I, there- will have the proper authorities re- in the House who have also put much fore, urge its passage in the House viewing the intricacy of the details. thought and effort into this legislation. today. They always say the devil’s in the de- Mr. OXLEY. Mr. Speaker, I am now And finally, I understand the Senate tails. In this transaction, we knew very pleased to yield 2 minutes to the gen- is in the process of moving their bill little about the intentions of the port tleman from Florida (Mr. STEARNS) of forward, and I look forward to a con- companies, their expansion capabili- the aforementioned Energy and Com- structive conference with the Senate, ties, their leasehold interests, how merce Committee. but this issue is far too important to they may be transferrable to other en- (Mr. STEARNS asked and was given compromise our national security or tities. We had a blank slate on which permission to revise and extend his re- our Nation’s economic security on to review this transaction. marks.) backroom wheeling and dealing. This bill brings to the floor and to Mr. STEARNS. Mr. Speaker, I rise, We, in the House, in a bipartisan the process transparency, clarity and like my other colleagues, in support of manner, recognize the diligence that an ability to tell our constituents we H.R. 5337, the Reform of National Secu- went into crafting this bill, and we will know the transaction. rity Reviews of Foreign Direct Invest- work for this to be the lead text in any Mrs. MALONEY. Mr. Speaker, may I ments Act. Obviously, we all agree this conference. inquire as to the time remaining. is a bill that will strengthen the Amer- The Senate bill does not meet our The SPEAKER pro tempore. The gen- ican economy by encouraging others to important threshold on national or tlewoman from New York (Mrs. invest in America, while at the same economic security. This bill does, and I MALONEY) has 7 minutes remaining. time, fortifying our national security. Myself and Ranking Member know we in House who have worked as The gentleman from Ohio (Mr. OXLEY) SCHAKOWSKY had a hearing dealing hard as we have will fight in conference has 7 minutes remaining. with this bill, which showed the impor- for a good bill or we will take no bill at Mrs. MALONEY. Mr. Speaker, I yield tance of it. We had a very small part. all. 3 minutes to the gentlewoman from Il- I think the Department of Commerce is I urge a ‘‘yes’’ vote on this bill. It linois (Ms. SCHAKOWSKY). now co-vice chair in the bill, but I want protects national security, enhances Ms. SCHAKOWSKY. Mr. Speaker, I to commend Mr. BLUNT for his leader- the ability of more foreign investment thank the gentlewoman for yielding, ship on this, and also for the con- here in the U.S.A. and ensures the and I rise in support of H.R. 5337 and tinuing leadership of Chairman OXLEY, transparency of CFIUS. want to add some important history who did all the vitally important work Mr. OXLEY. Mr. Speaker, I yield 2 and context to our discussion. for this. We had a very small part in it, minutes to the gentleman from Florida The Omnibus Trade Act of 1988 was my subcommittee, which is the Sub- (Mr. FOLEY), a distinguished member of referred to the Committee on Energy committee on Commerce, Consumer the Ways and Means Committee. and Commerce on which I sit. During Mr. FOLEY. Mr. Speaker, I thank the Protection, and Trade. its consideration, our committee pro- We all know that open investment chairman for his work on this, as well duced the Exon-Florio provision which policy has made the United States a fa- as many, many others. determines what can be bought in the vorite destination for foreign direct in- We know how we got here on this im- United States by foreign entities, and vestment, with over $115 billion in- portant bill, and it was the Dubai Ports it was included in the final version of vested in 2004, supporting over 5 mil- deal. It shocked America, and it the Omnibus Trade Act. lion American jobs found in every shocked me as a member of the Ways Exon-Florio authorized the President State of this union, from car manufac- and Means Committee. Not that we to suspend or prohibit the acquisition turing plants in Missouri to aircraft were thumbing our noses at investors of a U.S. corporation by a foreign enti- production in my home State of Flor- who would feel comfortable investing ty. Responsibility for executing Exon- ida. in the United States. That was not the Florio was delegated to the Committee This bill will ensure that the United question. It was not a question about on Foreign Investment in the United States is and will remain the world’s our support for their efforts in the war States, CFIUS, the interagency com- benchmark for open, transparent in- on terrorism. We support their efforts. mittee that was formed to protect the vestment policy. This openness and But as was stated by Mr. CROWLEY, it United States’ economic well-being and this transparency in our vibrant mar- was a foreign government, and foreign national security. kets at home has basically allowed governments behave differently than b 1315 American companies to export those foreign corporations. Corporations do principles abroad, principles that ulti- not care about the politics. They care In the past, the Energy and Com- mately increase prosperity and, most about the profits. Governments take a merce Committee has conducted nu- importantly, encourage better accept- different view of the world and have to merous oversight hearings, aggres- ance of the democratic and free mar- think of external and internal political sively evaluating how well CFIUS has kets, principles that form the bedrock calculations. complied with the requirements of of the American way of life. What startled me about the deal was Exon-Florio. When the Senate amended So, again, I support this bill, I urge the fact when then-Secretary of the Exon-Florio and passed the Byrd my colleagues to do so, and I thank my Treasury, John Snow, appeared before amendment in 1993, members of Energy colleague for the time. our panel, when the news first broke and Commerce were conferees for those Mrs. MALONEY. Mr. Speaker, I take about this transaction, when I asked provisions. this opportunity to thank Chairman him what was involved in the vetting While I am pleased that the Energy OXLEY for his distinguished service to process, he looked at me as if he had no and Commerce Committee conducted a this body and to this country. He has idea about the transaction at all. Then hearing on CFIUS and considered it in been a very fine chairman of the Finan- we came to find out mid-level man- open markup, and while we support the cial Services Committee, on which I agers at the Department decided this legislation, we are disappointed that a serve. An example of his leadership is on their own. They had not properly number of the provisions we added to the bill that is before us today, which vetted it through the necessary agen- the bill are not in the version we are had very strong bipartisan input, was cies to ensure that we had covered the considering today. These are matters balanced, took into consideration con- gamut of questions that may have of the utmost importance to our eco- cerns first of all for national security arose from this transaction. nomic and national security. As we but also for the business community Fortunately, based on the leadership proceed, I encourage my colleagues to and all concerned. that has been displayed here in be vigilant and consider these matters In sum, the bill has over 90 cospon- crafting this bill in a bipartisan fash- carefully. sors. It is a balanced approach, making ion, we will now have a process by I look forward to continuing our sure that foreign acquisitions do not which we can analyze and investigate work in the Committee on Energy and jeopardize our national security while and give comfort to the American pub- Commerce, consistent with its long- continuing to encourage appropriate lic that a transaction involving six standing involvement with this issue, foreign investment.

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.022 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5871 Mr. Speaker, I reserve the balance of had a great deal of knowledge, who sian Government. News reports suggest my time. worked very hard on the issue, from that Russian oil interests seek to ac- Mr. OXLEY. Mr. Speaker, I am now the staff to the Members, to craft this quire U.S. pipelines and liquefied gas pleased to yield 1 minute to the distin- legislation and stand here today, just a facilities in order to control the entire guished chairman of the Armed Serv- few weeks after that firestorm, with a supply chain of Russian gas exports to ices Committee, the gentleman from product that is going to pass over- the United States, from extraction to California (Mr. HUNTER). whelmingly in this House and that consumer sales and distribution. At the Mr. HUNTER. I thank the gentleman really says that this House, when we same time, however, Russia is pre- for yielding, and I just wanted to say want to, can deal in a bipartisan way venting American and other foreign oil that I am going to support this legisla- with some very difficult issues in a companies from acquiring more than a tion. We have several important issues very professional manner. 49 percent stake in all but the coun- that we think were decided in the right Mr. FRANK of Massachusetts. Mr. try’s smallest oil and gas fields. way, particularly the one that gives Speaker, will the gentleman yield? This effort to gain political control the Secretary of Defense a veto of the Mr. OXLEY. I will be glad to yield to of energy markets is not surprising, process if he finds that national secu- my friend from Massachusetts. but it is totally unacceptable. rity interests are impaired or are af- Mr. FRANK of Massachusetts. Mr. Acquisition by Russian firms of por- fected. And that is very, very impor- Speaker, I would just like to note that tions of our energy distribution system tant to us. I agree with what the chairman has poses an extremely serious national se- There are several issues that we just said. But this is not the first ex- curity threat to the United States. think still need to be resolved that are ample of a bill coming out of the Fi- Russian energy companies such as important to the Armed Services Com- nancial Services Committee on a sub- Gazprom and Rosneft are state-con- mittee, but we support the bill in ject which could have been very con- trolled entities and are not simply for- terms of moving it forward into the tentious but, in fact, came to the floor eign-owned companies that act as inde- conference and getting this very impor- in a form that reflected a very good pendent commercial entities. These tant legislation, intended to tighten up process, a very open process, with hear- Russian energy firms are run by friends the CFIUS process, in place so that we ings and subcommittee, committee and former colleagues of Russian Presi- can apply it to pending transactions. markups, and full participation and, as dent Vladimir Putin and their officers So, Mr. Speaker, I intend to vote a result, received overwhelming votes. include individuals who occupy high ‘‘yes’’ on this, but to work very closely We saw this on the GSE bill, we saw level positions in the Putin administra- with the gentleman from Ohio, my it in the bill dealing with the extension tion. For example, Rosneft Chairman good friend, and with all the other of credit, called the FACT Act, and we Igor Sechin is Putin’s Deputy Chief of Members who have been putting this have seen it on a number of bills, and Staff. legislation together as we move the chairman deserves a great deal of These state-dominated companies op- through conference to try to firm up a credit on this. And as his career here erate as tools of the Russian Govern- few other important defense issues as draws to a close, I just want to note ment and the strategy to use Russia’s we go through the conference. that this is a very good example of the vast oil and gas exports as an instru- Mrs. MALONEY. Mr. Speaker, I do chairman’s willingness to help us bring ment of political and economic power. not have any further requests at this out the best in ourselves in this proc- One needs to remember the problems time, and I yield back the balance of ess. faced earlier this year when Russian my time and urge a ‘‘yes’’ vote. And he is correct, this could have firms briefly cut off natural gas to Mr. OXLEY. Mr. Speaker, I will be been the source of a lot of dema- Ukraine, and this irresponsible action brief. I do not think anybody could goguery, a lot of political sniping, of raised serious concerns about political have predicted, certainly not me, that frankly some destabilization to the manipulation of Russian energy sup- a few weeks after the firestorm that economy because of the negative im- plies throughout Western Europe. came about with the announcement of pact a badly handled bill could have Mr. Speaker, Putin effectively re-na- the Dubai Ports deal that we would be had. So I just want to acknowledge tionalized the Russian energy industry on the floor today debating legislation that as the ranking member, it has in 2003 by expropriating the assets of that was considered by our committee been my privilege to work with the Russia’s largest privately-owned en- and others and passed in our com- gentleman from Ohio, and this is only ergy company, Yukos, and by failing to mittee overwhelmingly with a 64–0 bi- one of a series of bills where we have pay appropriate compensation to its partisan vote, with cooperation on worked together, under his leadership, owners. Yukos shares were held by nu- both sides of the aisle, to deal with a to take subjects that, as I said, could merous United States citizens and real problem. have been contentious and desta- shareholders, and they lost some $6 bil- Even though I personally felt there bilizing, and brought the House a prod- lion. was a great deal of overreaction about uct with overwhelming support. Rosneft’s acquisition of assets from the Dubai Ports deal, the fact is that it I thank the gentleman for yielding. Yukos, a publicly traded company, vio- revealed some very deep concerns that Mr. OXLEY. I can’t match the elo- lated the basic norms of a free market. people like the gentleman from Cali- quence of the gentleman from Massa- Public accounts of the transaction sug- fornia had, and others, about how the chusetts, so I yield back. gest that Rosneft’s senior officers and CFIUS process works. We set about Mr. LANTOS. Mr. Speaker, I rise in directors, some of whom are senior of- with great care, working with Mr. support of H.R. 5337, the National Secu- ficials of the Russian Government, per- FRANK, our ranking member, Mrs. rity Foreign Investment Reform and sonally profited from the theft of these MALONEY and Mr. CROWLEY, to craft a Strengthened Transparency Act of 2006. assets through their involvement in a bill under the guidance of Chairwoman As we have seen over the past year, sham transaction. In that transaction, PRYCE and Mr. BLUNT from Missouri, to greater oversight is needed regarding a front-company of unknown ownership craft a bill that met the balance, met foreign investment in the United acquired the assets at billions of dol- the test of dealing with our very real States. I have expressed serious con- lars below their market value in a concerns about national security and, cern regarding the acquisition of U.S. forced auction arranged by these very at the same time, encouraging foreign port operating companies by foreign officials, who in turn secured the investment into our country. companies. I want to commend Chair- prompt transfer of these assets from I have to say that of all the bills I man OXLEY and Ranking Democratic the front-company to Rosneft—a se- have been involved in since I have been Member FRANK for the work they have quence of events that has raised seri- chairman, and, frankly, all the bills I done to bring this legislation to the ous questions of corruption. have been involved in since I have been floor. The Council on Foreign Relations re- here in 25 years, this was one that gave Mr. Speaker, I want to call attention cently released a report on Russia’s me a great deal of satisfaction because to one critical issue, the acquisition of slide toward authoritarianism that it showed the legislative process at its U.S. domestic oil companies by Rus- called the Russian Government’s forced very best, with input from people who sian firms with close ties to the Rus- breakup of Yukos and the long-term

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.027 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5872 CONGRESSIONAL RECORD — HOUSE July 26, 2006 imprisonment of its senior officials on This bill rectifies these concerns by formally states that this designation does not affect, charges of tax evasion as ‘‘the most establishing CFIUS, its membership, stream- alter, or add to that Committee’s jurisdiction. consequential single episode in the re- lines how and when a CFIUS review will be U.S. HOUSE OF REPRESENTATIVES, fashioning of the Russian state in this conducted. COMMITTEE ON HOMELAND SECURITY, decade.’’ Mr. Speaker, the bill formalizes the CFIUS Washington, DC, July 19, 2006. Mr. Speaker, I am pleased that the membership and requires the following to Hon. MICHAEL G. OXLEY, Financial Services Committee recog- serve: (1) Secretaries of Treasury, Homeland Chairman, Committee on Financial Services, nizes the seriousness of these issues. House of Representatives, Washington, DC. Security, Commerce, Defense, State, and En- DEAR CHAIRMAN OXLEY: I write in regard to The Committee report on H.R. 5337 ergy; (2) Attorney General; Chair of the Coun- H.R. 5337, Reform of National Security Re- makes clear that the Congress expects cil of Economic Advisors; the U.S. Trade Rep- views of Foreign Direct Investments Act. the acquisitions of U.S. energy assets resentative; Director of Office of Management I understand that nothing in H.R. 5337 or or companies by foreign governments and Budget; Director of National Economic the amendments to H.R. 5337 affects, alters, or companies controlled by foreign Council; and (3) The Director of Office of or adds to the jurisdiction of the Committee on Homeland Security. Specifically, H.R. governments will be reviewed closely Science and Technology Policy; the Presi- 5337’s designation of the Department of for their national security impact. I dent’s assistant for national security affairs; Homeland Security as a vice-chairperson of fully endorse the Committee’s view and any other designee of the President from CFIUS and the imposition of any additional that Congress should continue its long- the Executive Office. duties associated with the appointment of standing efforts to ensure that U.S. in- Under this bill, the Treasury Department will the Department of Homeland Security as a vestors are treated fairly in foreign be the Chair with the Secretaries of Com- vice-chairperson does not affect, alter, or add to my Committee’s jurisdiction. markets and that foreign governments merce and Homeland Security as the Vice I’m pleased that we can continue to move honor their commitments in inter- Chairs. CFIUS will conduct a review of any this bill forward, and I look forward to work- national agreements. national security related business transaction ing with you in that process. Mr. Speaker, I urge careful consider- in which the outcome could result in foreign Sincerely, ation of any future acquisition of U.S. control of any business engaged in interstate PETER T. KING, oil interests by Russian firms, and I commerce in the U.S. After reviewing the pro- Chairman. urge my colleagues to support this leg- posed business transaction, CFIUS will make Ms. WATERS. Mr. Speaker, I rise in strong islation. a determination, the outcome of which could support of, H.R. 5337, the Reform of National Mr. BARTON of Texas. Mr. Speaker, I rise require conducting a full investigation if one of Security Reviews of Foreign Investments bill. in support of H.R. 5337, the Reform of Na- three circumstances exists: transaction in- First, I want to once again acknowledge the tional Security Reviews of Foreign Direct In- volves a foreign government-controlled entity; work of the distinguished gentleman, Mr. vestment Act. I want more foreign investment transaction threatens to impair national secu- OXLEY, Chairman of the Committee on Finan- in America, not less, but I do not want the kind rity and the review cannot mitigate concerns; cial Services for supporting this bill, and Rank- that threatens our security. CFIUS exists to or National Intelligence Director identifies intel- ing Member FRANK for recognizing the impor- make the distinction, and we need to know ligence concerns and CFIUS could not agree tance of this issue. Let me congratulate Chair- that it’s doing a good job. upon methods to mitigate the concerns. woman PRYCE, of the Subcommittee on Do- We don’t automatically fear foreign investors Incidents such as the Dubai Ports World mestic and International Monetary Policy, here in America. The money provided by for- (DPW) and the China National Offshore Oil Trade and Technology, for working to move eign investors creates jobs, growth, and op- Corporation’s attempted bid for control of oil this legislation through the Committee and portunity here at home. I just want to ensure company Unocal raised and increased aware- onto the Floor. The bill we consider today rep- the investment we attract does not jeopardize ness around transactions that should receive resents a comprehensive set of reforms to the national security. CFIUS review. These incidents highlighted the Committee on Foreign Investment in the H.R. 5337 provides consistent criteria with need for meaningful CFIUS reform. United States’ (CFIUS) procedures. It is a tes- appropriate discretion and will improve the re- The bill balances the need for continued for- tament to the diligence of the Subcommittee view process without impairing our ability to eign investment in the United States, but re- Chair and its Members that there is strong bi- attract significant and needed foreign invest- viewing that investment to determine if it partisan support for H.R. 5337, also spon- ment. would impair or threaten national security or sored by the Subcommittee Ranking Member Mr. Speaker, the Energy and Commerce critical infrastructure. Ms. MALONEY, Mr. CROWLEY and Mr. BLUNT. Committee shares jurisdiction over this matter This bill establishes accountability to key It has been more than 4 months since we and we marked up the bill in my Committee Cabinet level agencies and, much like other were made aware of the Committee of Foreign with some changes. While the amended bill corporate reform, requires personal action by Investment’s (CFIUS) activities related to we are considering today contains some dif- the Secretaries of Treasury, Commerce, and Dubai World Ports and the implications of the ferences than the version my Committee re- Homeland Security. Congressional Research proposed deal for national security. I can ported, I support it. Importantly, it provides for Service’s independent report found that for all genuinely say that the Members of the Com- mandatory review of foreign government-con- merger and acquisition activity in 2005, 13 mittee on Financial Services have been deeply trolled transactions. Additionally, it provides percent of it was from foreign firms acquiring involved in this issue since the deal was ana- clear and consistent review criteria for all other U.S. firms. This is up from 9 percent almost lyzed by Congress. H.R. 5337 is designed to commercial investments, it adds the Secretary 10 years before. This statistic shows that for- reform the CFIUS process based on the infor- of Energy to the Committee, and it makes the eign investment in the U.S. is vital to the mation gleaned from hearings on the subject. Secretary of Commerce a co-vice chair of the economy. I am the first to say that no one is interested Committee. Most important, it adds trans- Only through this legislation will CFIUS have in cutting off foreign direct investment in the parency in the process for Congressional a formal budget, membership, and clear mis- U.S., but we do expect such investments to be oversight and establishes new reporting re- sion—protecting American security while main- prudently made and that they are in the best quirements many of us feel are essential to taining a free and growing economy. interest of the country. As the leader of the this process. In closing, let me thank my colleagues on world economy, it would be foolish to assume I support H.R. 5337 and urge my colleagues the Financial Services Committee for their that we could take such steps to prohibit for- to approve the measure. leadership on this legislation, especially my eign direct investment. What we really need Mr. THOMPSON of Mississippi. Mr. Speak- Democratic colleagues Representative CARO- are safeguards to ensure that the CFIUS proc- er, I stand here today as Ranking Member of LYN MALONEY and JOSEPH CROWLEY of New ess is consistent with the original Congres- the Committee on Homeland Security in sup- York for their efforts. Congresswoman sional intent about national security and in- port of H.R. 5337, the Reform of National Se- MALONEY actually testified before the Com- vestments. curity Reviews of Foreign Investments Act. mittee on Homeland Security on this legisla- This bill will guarantee that CFIUS operates This bill provides needed reform by formalizing tion, explaining its necessity and importance. within the law, and it makes clear who is re- and streamlining the structure and duties of Mr. BARTON of Texas. Mr. Speaker, al- sponsible for what, since it was revealed that the Committee on Foreign Investment in the though the legislation adds the Secretary of no one was sure who was responsible for the United States (CFIUS). Indeed, this bill ad- the Department of Homeland Security as a co- Ports decision. Another critical issue is how dresses many of the concerns raised about Vice Chair of CFIUS, I would like to enter into decisions are actually made and what entity is CFIUS during the past 6 months, especially its the RECORD a letter from Chairman KING of principally responsible for protecting the na- current lack of transparency and oversight. the Homeland Security Committee. The letter tional security interests of the nation as they

VerDate Aug 31 2005 04:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.017 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5873 pertain to foreign direct investment. The bill As a result, Russian energy companies tions with real national security implications to enables CFIUS to unilaterally initiate a review such as Gazprom and Rosneft are controlled those with no such implications. I am com- where an national security issue is raised; any by friends and associates of Putin, including forted on this point, however, by the fact that foreign government backed deal would be individuals who occupy high level positions in the review and investigation provisions would subject to review; both the Secretaries of the Putin Administration. Putin appears to be not preclude a person from petitioning CFIUS Treasury and Homeland Security must sign off using these companies to implement his strat- to dispense with the initial review period and on reviews, while the Homeland Security Sec- egy of using Russia’s oil and gas exports as to go directly to the investigative stage, there- retary would be vice-chair of the Committee; an instrument of political and economic coer- by shortening the process in situations that do and all reviews are subject to review by the cion to advance the interests of the Kremlin. If not present significant security risks. My un- Director of National intelligence. these Russian government-controlled compa- derstanding is that such a petition could be Most importantly, everyone knows that nies gain control of U.S. energy assets, U.S. filed under the current CFIUS regime, and I do transparency and accountability were, in part, energy security could easily be put at risk just not read the bill as changing the law in that re- at the heart of Congress’ uproar over the as was the case when Russia cut off natural gard. I would assume that CFIUS would con- Dubai World Ports deal. H.R. 5337 requires gas supplies to Ukraine in January, and later sider any such petition on a case-by-case that CFIUS report bi-annually to Congress on this spring, when Gazprom not-so-subtlety basis and would decide whether or not to its activities, which should prevent Congress warned European leaders that Russia would grant it depending on various factors affecting from being alerted to such deals after the fact. sell its natural gas to Asia instead of Europe national security. Such factors, I assume, I would submit that this is strong legislation if they tried to interfere in Russia’s plans to would include whether the acquirer had estab- that will only make Congress’ job less difficult control the entire sales and distribution of nat- lished its national security credentials in pre- on the issue of national security and foreign ural gas throughout Europe. vious CFIUS proceedings or otherwise, wheth- direct investment. Therefore, I urge my Col- Mr. Speaker, this would be a disaster for er in the case of a government-owned leagues to support this major reform bill. America. We must not let this happen to the acquirer the government was a U.S. ally, and Mr. BACA. Mr. Speaker, I rise in strong sup- United States. many other factors bearing one way or an- port as a cosponsor of H.R. 5337, National Mr. SHAYS. Mr. Speaker, I rise in strong other on national security. I am also encour- Security Foreign Investment Reform and support of H.R. 5337, the National Security aged by the fact that the bill’s review and in- Strengthened Transparency Act of 2006. Foreign Investment Reform and Strengthened vestigation provisions prescribe a maximum, This legislation clarifies and strengthens the Transparency Act. not a minimum, number of days. authority of the Committee on Foreign Invest- I am an original cosponsor of this legisla- Mr. Speaker, again I want to compliment the ment in the United States to ensure that for- tion, which would require that all transactions eign acquisitions of U.S. companies or assets floor managers on a bill that puts national se- involving state-owned companies be automati- curity first but that also will allow our continued do not threaten national security. cally subject to a full 45-day investigation. The As the tragic events of September 11, 2001 need for foreign investment to be satisfied legislation would also name make the Home- demonstrate, the threats to the security of the rather than ignored. land Security secretary the vice chairman of United States have increased and evolved in The SPEAKER pro tempore. The the Committee for Foreign Investment in the ways that could not have been anticipated question is on the motion offered by United States (CFIUS), which is chaired by the when Congress enacted the Exon-Florio provi- the gentleman from Ohio (Mr. OXLEY) Treasury Department. sion in 1988. As a result, we can no longer that the House suspend the rules and The recent attempt by Dubai Ports World view national security only through the lens of pass the bill, H.R. 5337, as amended. (DP World), a port operations company owned conventional military threats. We must also The question was taken. by the government of the United Arab Emir- guard against other types of threats that could The SPEAKER pro tempore. In the ates (UAE), to purchase operating terminals at seriously harm our Nation such as a disruption opinion of the Chair, two-thirds of six U.S. ports, was a clear indicator we must of U.S. energy supplies. those present have voted in the affirm- With global energy supplies tight, and oil reform the CFIUS process. ative. and gas prices skyrocketing, a major disrup- Whenever a foreign investment affects Mr. OXLEY. Mr. Speaker, on that I tion of U.S. energy supplies would pose a homeland security, it deserves greater scru- demand the yeas and nays. grave danger to the Nation’s economy and the tiny. This legislation strikes the proper balance The yeas and nays were ordered. safety and security of the American people. between strengthening our economy and pro- The SPEAKER pro tempore. Pursu- This bill recognizes this fact and includes tecting the American people. ant to clause 8 of rule XX and the strong measures to ensure that foreign take- Mr. Speaker, I urge my colleagues to sup- Chair’s prior announcement, further overs of U.S. energy companies or assets do port this legislation. proceedings on this question will be not threaten the energy security of the United Mr. MORAN of Virginia. Mr. Speaker, I sup- postponed. port H.R. 5337, and I would like to applaud States. f The Committee’s Report states: ‘‘H.R. 5337 the floor managers of the bill for their efforts makes clear that national security encom- on the legislation. The CFIUS process is in PROVIDING FOR AN ADJOURN- passes threats to critical U.S. infrastructure, need of reform, and this bill provides reforms MENT OR RECESS OF THE TWO including energy-related infrastructure. The that effectively balance the country’s need for HOUSES Committee expects that acquisitions of U.S. strong national security protections with its Mr. SHADEGG. Mr. Speaker, I offer a energy companies or assets by foreign gov- need for continued foreign investment. privileged concurrent resolution (H. While our national security objectives must ernments or companies controlled by foreign Con. Res. 454) and ask for its imme- be paramount in this area, I do have some governments will be reviewed closely for their diate consideration. concern about the time CFIUS could take national security impact. If such acquisitions The Clerk read the concurrent reso- under the bill’s provisions to review an acquisi- raise legitimate concerns about threats to U.S. lution, as follows: tion that it ultimately determines presents no national security, appropriate protections as H. CON. RES. 454 set forth in the statute should be instituted in- national security issues. The bill allows for a Resolved by the House of Representatives (the cluding potentially the prohibition of the trans- CFIUS review period of up to 30 days, fol- lowed by an investigation of up to 45 days Senate concurring), That when the House ad- action.’’ journs on the legislative day of Thursday, Russia is a perfect example. Russia has when certain conditions specified in the bill are July 27, 2006, or Friday, July 28, 2006, on a made it clear that it wants to acquire pipelines determined to be present. The investigation motion offered pursuant to this concurrent and natural gas conversion facilities in the period can then be extended under certain cir- resolution by its Majority Leader or his des- United States. I strongly believe, however, the cumstances. Notably, there is a mandatory in- ignee, it stand adjourned until 2 p.m. on United States should tread very carefully be- vestigation of all acquisitions by state-owned Wednesday, September 6, 2006, or until the fore permitting such acquisitions. Here’s why. companies even in the absence of any show- time of any reassembly pursuant to section 2 In 2003, Russian President Vladimir Putin ing of a possible national security concern. of this concurrent resolution, whichever oc- reasserted government control over Russia’s I would prefer to see the process shortened curs first; and that when the Senate recesses or adjourns on Thursday, August 3, 2006, Fri- energy industry through the expropriation of where it is apparent at an early stage that na- day, August 4, 2006, or Saturday, August 5, Russia’s largest privately-owned energy com- tional security is not an issue, and I urge my 2006, on a motion offered pursuant to this pany, Yukos, without paying any compensa- colleagues to consider changes in this regard concurrent resolution by its Majority Leader tion to its owners, including U.S. shareholders in conference. It would be unfortunate if or his designee, it stand recessed or ad- who lost approximately $6 billion. CFIUS resources were diverted from acquisi- journed until noon on Tuesday,

VerDate Aug 31 2005 04:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.009 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5874 CONGRESSIONAL RECORD — HOUSE July 26, 2006 September 5, 2006, or such other time on that per gallon at the pump would result in an ad- countries, and both countries stand to gain day as may be specified by its Majority ditional outflow of $18,000,000,000 from the much from such cooperation. Leader or his designee in the motion to re- United States to oil-exporting nations; SEC. 3. GRANT PROGRAM. cess or adjourn, or until the time of any re- (7) for economic and national security rea- (a) AUTHORITY.—Pursuant to the respon- assembly pursuant to section 2 of this con- sons, the United States should reduce, as sibilities described in section 102(10), (14), current resolution, whichever occurs first. soon as practicable, the dependence of the and (17) of the Department of Energy Organi- SEC. 2. The Speaker of the House and the United States on nations that do not share zation Act (42 U.S.C. 7112(10), (14), and (17)) Majority Leader of the Senate, or their re- the interests and values of the United and section 103(9) of the Energy Reorganiza- spective designees, acting jointly after con- States; tion Act of 1974 (42 U.S.C. 5813(9)), the Sec- sultation with the Minority Leader of the (8) the State of Israel has been a steadfast retary, in consultation with the BIRD or House and the Minority Leader of the Sen- ally and a close friend of the United States BSF, shall award grants to eligible entities. ate, shall notify the Members of the House since the creation of Israel in 1948; (b) APPLICATION.— and the Senate, respectively, to reassemble (9) like the United States, Israel is a de- (1) SUBMISSION OF APPLICATIONS.—To re- at such place and time as they may des- mocracy that holds civil rights and liberties ceive a grant under this section, an eligible ignate if, in their opinion, the public interest in the highest regard and is a proponent of entity shall submit an application to the shall warrant it. the democratic values of peace, freedom, and Secretary containing such information and The SPEAKER pro tempore. The justice; assurances as the Secretary, in consultation question is on the concurrent resolu- (10) cooperation between the United States with the BIRD or BSF, may require. and Israel on such projects as the develop- (2) SELECTION OF ELIGIBLE ENTITIES.—The tion. Secretary, in consultation with the Direc- The question was taken; and the ment of the Arrow Missile has resulted in mutual benefits to United States and Israeli tors of the BIRD and BSF, may review any Speaker pro tempore announced that security; application submitted by any eligible entity the ayes appeared to have it. (11) the special relationship between Israel and select any eligible entity meeting cri- Mr. FRANK of Massachusetts. Mr. and the United States has been and con- teria established by the Secretary, in con- Speaker, on that I demand the yeas tinues to be manifested in a variety of joint- sultation with the Advisory Board, for a and nays. ly-funded cooperative programs in the field grant under this section. of scientific research and development, such (c) AMOUNT OF GRANT.—The amount of The yeas and nays were ordered. each grant awarded for a fiscal year under The SPEAKER pro tempore. Pursu- as— (A) the United States-Israel Binational this section shall be determined by the Sec- ant to clause 8 of rule XX, further pro- retary, in consultation with the BIRD or ceedings on this question will be post- Science Foundation (BSF); (B) the Israel-United States Binational Ag- BSF. (d) RECOUPMENT.— poned. ricultural Research and Development Fund (1) IN GENERAL.—Not later than 180 days f (BARD); and after the date of enactment of this Act, the (C) the Israel-United States Binational In- UNITED STATES-ISRAEL ENERGY Secretary shall establish procedures and cri- dustrial Research and Development (BIRD) teria for recoupment in connection with any COOPERATION ACT Foundation; eligible project carried out by an eligible en- (12) these programs, supported by the Mr. SHADEGG. Mr. Speaker, I move tity that receives a grant under this section, matching contributions from the Govern- to suspend the rules and pass the bill which has led to the development of a prod- ment of Israel and the Government of the (H.R. 2730) to establish a grant program uct or process which is marketed or used. United States and directed by key scientists to fund eligible joint ventures between (2) AMOUNT REQUIRED.— and academics from both countries, have (A) Except as provided in subparagraph (B), United States and Israeli businesses made possible many scientific breakthroughs such recoupment shall be required as a con- and academic persons, to establish the in the fields of life sciences, medicine, bio- dition for award and be proportional to the International Energy Advisory Board, engineering, agriculture, biotechnology, Federal share of the costs of such project, and for other purposes, as amended. communications, and others; and shall be derived from the proceeds of (13) on February 1, 1996, United States Sec- The Clerk read as follows: royalties or licensing fees received in con- retary of Energy Hazel R. O’Leary and H.R. 2730 nection with such product or process. Israeli Minister of Energy and Infrastructure Be it enacted by the Senate and House of Rep- (B) In the case where a product or process Gonen Segev signed the Agreement Between resentatives of the United States of America in is used by the recipient of a grant under this the Department of Energy of the United Congress assembled, section for the production and sale of its own States of America and the Ministry of En- products or processes, the recoupment shall SECTION 1. SHORT TITLE. ergy and Infrastructure of Israel Concerning consist of a payment equivalent to the pay- This Act may be cited as the ‘‘United Energy Cooperation, to establish a frame- ment which would be made under subpara- States-Israel Energy Cooperation Act’’. work for collaboration between the United graph (A). SEC. 2. FINDINGS. States and Israel in energy research and de- (3) WAIVER.—The Secretary may at any Congress finds that— velopment activities; time waive or defer all or some of the (1) it is in the highest national security in- (14) Israeli scientists and researchers have recoupment requirements of this subsection terests of the United States to ensure secure long been at the forefront of research and de- as necessary, depending on— access to reliable energy sources; velopment in the field of alternative renew- (A) the commercial competitiveness of the (2) the United States relies heavily on the able energy sources; entity or entities developing or using the foreign supply of crude oil to meet the en- (15) many of the top corporations of the product or process; ergy needs of the United States, currently world have recognized the technological and (B) the profitability of the project; and importing 58 percent of the total oil require- scientific expertise of Israel by locating im- (C) the commercial viability of the product ments of the United States, of which 45 per- portant research and development facilities or process utilized. cent comes from member states of the Orga- in Israel; (e) PRIVATE FUNDS.—The Secretary may nization of Petroleum Exporting Countries (16) among the technological break- accept contributions of funds from private (OPEC); throughs made by Israeli scientists and re- sources to carry out this Act. (3) revenues from the sale of oil by some of searchers in the field of alternative, renew- (f) OFFICE OF ENERGY EFFICIENCY AND RE- these countries directly or indirectly provide able energy sources are— NEWABLE ENERGY.—The Secretary shall carry funding for terrorism and propaganda hostile (A) the development of a cathode that uses out this section through the existing pro- to the values of the United States and the hexavalent iron salts that accept 3 electrons grams at the Office of Energy Efficiency and West; per ion and enable rechargeable batteries to Renewable Energy. (4) in the past, these countries have manip- provide 3 times as much electricity as exist- (g) REPORT.—Not later than 180 days after ulated the dependence of the United States ing rechargeable batteries; receiving a grant under this section, each re- on the oil supplies of these countries to exert (B) the development of a technique that cipient shall submit a report to the Sec- undue influence on United States policy, as vastly increases the efficiency of using solar retary— during the embargo of OPEC during 1973 on energy to generate hydrogen for use in en- (1) documenting how the recipient used the the sale of oil to the United States, which ergy cells; and grant funds; and became a major factor in the ensuing reces- (C) the development of a novel membrane (2) evaluating the level of success of each sion; used in new and powerful direct-oxidant fuel project funded by the grant. (5) research by the Energy Information Ad- cells that is capable of competing favorably SEC. 4. INTERNATIONAL ENERGY ADVISORY ministration of the Department of Energy with hydrogen fuel cells and traditional in- BOARD. has shown that the dependence of the United ternal combustion engines; and (a) ESTABLISHMENT.—There is established States on foreign oil will increase by 33 per- (17) cooperation between the United States in the Department of Energy an Inter- cent over the next 20 years; and Israel in the field of research and devel- national Energy Advisory Board. (6) a rise in the price of imported oil suffi- opment of alternative renewable energy (b) DUTIES.—The Advisory Board shall ad- cient to increase gasoline prices by 10 cents sources would be in the interests of both vise the Secretary on—

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.004 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5875 (1) criteria for the recipients of grants nate upon the expiration of the 7-year period Global fuel and consumption, how- awarded under section 3(a); which begins on the date of the enactment of ever, is projected to increase by 100 to (2) the total amount of grant money to be this Act. 150 percent over the next 20 years, driv- awarded to all grantees selected by the Sec- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. en largely by the rapidly growing Chi- retary, in consultation with the BIRD; and The Secretary is authorized to expend not nese and Indian economies; and this (3) the total amount of grant money to be more than $20,000,000 to carry out this Act awarded to all grantees selected by the Sec- growth and this increase in demand for each of fiscal years 2006 through 2012 will force prices even higher. retary, in consultation with the BSF, for from funds previously authorized to the Of- each fiscal year. fice of Energy Efficiency and Renewable En- If the United States is to protect (c) MEMBERSHIP.— ergy. itself from the economic and the polit- (1) COMPOSITION.—The Advisory Board ical threats created by this excessive shall be composed of— SEC. 8. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which dependence, we must reduce our reli- (A) 1 member appointed by the Secretary ance on foreign energy sources and on of Commerce; this Act rests is the power of Congress to (B) 1 member appointed by the Secretary regulate commerce with foreign nations as foreign oil as quickly and as efficiently of Energy; and enumerated in Article I, Section 8 of the as possible. (C) 2 members who shall be Israeli citizens, United States Constitution. But there is a common interest be- appointed by the Secretary of Energy after The SPEAKER pro tempore. Pursu- tween the United States and Israel in consultation with appropriate officials in the ant to the rule, the gentleman from Ar- this work. Israel, too, is too dependent Israeli Government. izona (Mr. SHADEGG) and the gentleman on foreign sources of energy; and this (2) DEADLINE FOR APPOINTMENTS.—The ini- from New York (Mr. ENGEL) each will legislation takes care of that issue. It tial appointments under paragraph (1) shall control 20 minutes. allows the United States Department be made not later than 60 days after the date of Energy to invest up to $20 million of enactment of this Act. The Chair recognizes the gentleman (3) TERM.—Each member of the Advisory from Arizona. annually in joint energy projects be- tween American and Israeli businesses, Board shall be appointed for a term of 4 b 1330 years. scientists and academics. Eligible prod- (4) VACANCIES.—A vacancy on the Advisory GENERAL LEAVE ucts include research, development and Board shall be filled in the manner in which Mr. SHADEGG. Mr. Speaker, I ask commercialization of alternative en- the original appointment was made. unanimous consent that all Members ergy sources, improved energy effi- (5) BASIC PAY.— may have 5 legislative days within ciency and renewable energy sources. (A) COMPENSATION.—A member of the Advi- It is important, Mr. Speaker, to un- sory Board shall serve without pay. which to revise and extend their re- derstand that legislation is not a hand- (B) TRAVEL EXPENSES.—Each member of marks on this legislation and to insert the Advisory Board shall receive travel ex- extraneous material on the bill. out, unlike other similar programs. penses, including per diem in lieu of subsist- The SPEAKER pro tempore. Is there Every single recipient of funds under ence, in accordance with applicable provi- objection to the request of the gen- this legislation is required, by the sions of subchapter I of chapter 57 of title 5, tleman from Arizona? terms of the legislation, to pay back United States Code. There was no objection. the American taxpayers in proportion (6) QUORUM.—Three members of the Advi- Mr. SHADEGG. Mr. Speaker, I yield to the Federal Government’s share of sory Board shall constitute a quorum. the overall investment in the project. (7) CHAIRPERSON.—The Chairperson of the myself such time as I may consume. Advisory Board shall be designated by the Mr. Speaker, I rise in strong support What that means is that if a successful Secretary of Energy at the time of the ap- of H.R. 2730, the United States-Israel project is developed as a result of these pointment. Energy Cooperation Act and urge my funds and if an energy source is found, (8) MEETINGS.—The Advisory Board shall colleagues to support its passage. The according to rules provided by the Sec- meet at least once annually at the call of the U.S.-Israel Energy Cooperation Act retary of Energy, the Treasury of the Chairperson. will help curb America’s reliance on United States will be repaid in propor- (d) TERMINATION.—Section 14(a)(2)(B) of the tion to the Federal Government’s in- Federal Advisory Committee Act (5 U.S.C. foreign oil and increase our use of new App.) shall not apply to the Advisory Board. energy technologies. vestment in the research involved or in SEC. 5. DEFINITIONS. As the gentleman knows, the price of the project which created this new en- In this Act: gasoline has risen to well above $3 a ergy. (1) ADVISORY BOARD.—The term ‘‘Advisory gallon across America. Indeed, it is H.R. 2730 has wide bipartisan support, including more than 100 Members of Board’’ means the International Energy Ad- drastically affecting the pocketbooks visory Board established by section 4(a). this House. It passed the Energy and of all Americans and all American (2) BIRD.—The term ‘‘BIRD’’ means the Commerce Committee unanimously. I businesses. It affects every aspect of Israel-United States Binational Industrial believe it is a critically important our economy; and, indeed, the rising Research and Development Foundation. piece of legislation, and that that view cost of energy threatens the American (3) BSF.—The term ‘‘BSF’’ means the is shared not only by those of us in this United States-Israel Binational Science economy. That is at least one of the Congress but also by the people of Foundation. reasons why the United States and Israel. (4) ELIGIBLE ENTITY.—The term ‘‘eligible Israel need to work together in part- entity’’ means a joint venture comprised of Not long ago, Mr. Speaker, the Prime nership to look for ways that we can Minister, Ehud Olmert, addressed a both Israeli and United States private busi- reduce our reliance on foreign sources ness entities or a joint venture comprised of joint session of the United States Con- both Israeli academic persons (who reside of energy and particularly on foreign gress here in this Chamber. In his and work in Israel) and United States aca- oil. speech to the United States Congress demic persons, that— This bill utilizes the critical and just a few weeks ago, he expressed his (A) carries out an eligible project; and close relationship between the United support for this legislation, stating (B) is selected by the Secretary, in con- States and Israel on a common area of that ‘‘through the United States-Israel sultation with the BIRD or BSF, using the interest, that is, energy and energy criteria established by the Secretary, in con- Energy Cooperation Act, in collabora- independence by creating a vehicle for tion with our U.S. counterparts, Israel sultation with the Advisory Board. innovation and security. (5) ELIGIBLE PROJECT.—The term ‘‘eligible will increase its efforts to find ad- project’’ means a project to encourage co- Mr. Speaker, every American is vanced scientific and technological so- operation between the United States and aware that the United States is too de- lutions designed to develop new energy Israel on research, development, or commer- pendent on foreign sources of energy. sources and encourage conservation.’’ cialization of alternative energy, improved Every American should realize the dan- I would suggest it is not common for energy efficiency, or renewable energy ger this creates for us as a Nation. The the Prime Minister of another nation sources. United States Government predicts to call on the United States to join (6) SECRETARY.—The term ‘‘Secretary’’ that by 2025 America will import al- them in the passage of a specific piece means the Secretary of Energy, acting most 68 percent of its oil; and, increas- through the Assistant Secretary of Energy of legislation which will benefit both for Energy Efficiency and Renewable Energy. ingly, this oil comes from dangerous nations. SEC. 6. TERMINATION. parts of the world. It comes from un- The United States and Israel are both The grant program authorized under sec- stable areas, including the increasingly at the cutting edge of research in en- tion 3 and the Advisory Board shall termi- unstable Middle East. ergy technologies, but we must do

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.005 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5876 CONGRESSIONAL RECORD — HOUSE July 26, 2006 more to end our dependence on foreign to report regularly on energy collabo- on Middle Eastern sources of energy energy, and we have every reason to ration between the United States and and developing alternative energy cooperate. For example, in my own Israel. We received the first report in sources to meet our needs. State of Arizona, an Israeli scientist is November of 2005, and today’s legisla- Although developing alternative en- working with an Arizona company on a tion will certainly expand opportuni- ergy sources, that is, forms of energy, demonstration project involving a very ties for us to work together on achiev- is far from easy, it is necessary for our fast-growing algae which can be used ing energy independence through the continued security. Working together to power a biomass energy plan. development and deployment of envi- with Israel on developing such alter- By passing this legislation, the ronmentally friendly energy tech- natives and on improving energy effi- United States and Israel are fostering a nologies. ciency makes perfect sense. partnership dedicated to scientific As a result of H.R. 2730, the Secretary Israel is a close and much valued breakthroughs and improvements in of Energy will establish a grant pro- friend of the United States, one with energy innovation. This modest invest- gram for joint ventures composed of whom we share a deep bond based on ment in scientific research will help Israeli and U.S. businesses and aca- mutual values of freedom, justice and both the United States and Israel in demics devoted to improving and ex- democracy and one with whom we our efforts to develop new energy tech- panding research on alternative en- stand side by side in our struggle nologies, and it will help both of our ergy, improved the energy efficiency, against terror. countries reduce our reliance on for- or renewable energy sources. Israeli scientists have developed eign sources of energy. Our Nation is long overdue for a na- some of the world’s most advanced Mr. Speaker, I urge my colleagues to tional energy policy that provides reli- technology, contributing greatly to support this legislation. able, secure, affordable and environ- breakthroughs in vital fields. One of Mr. Speaker, I reserve the balance of mentally responsible supplies of energy Israel’s many technological break- my time. for our growing economy. While the throughs in the field of renewable en- Mr. ENGEL. Mr. Speaker, I yield my- small grants authorized in this pro- ergy sources includes a technique that self as much time as I may consume. gram certainly cannot alone wean us significantly increases the efficiency of I want to commend my friend from off our addiction on oil in the short using solar energy to generate hydro- Arizona for his remarks. I certainly term, working with the highly ad- gen for use in energy cells. concur with everything he said. vanced scientific sector in Israel, we Mutual collaboration would yield Mr. Speaker, I rise today in strong can move in the right direction and af- great benefits for both the United support of the United States-Israel En- firm our hopes for what can be discov- States and Israel in an effort to de- ergy Cooperation Act. As an original ered and created through the mutual velop technological solutions to our en- cosponsor of this legislation, I am cooperation of our two great nations. ergy dependency problem. pleased that Congress is moving it for- Again, I want to say that it is imper- Mr. Speaker, by supporting this bill, ward today. I would like to thank the ative that the United States take steps the United States Congress will en- gentleman from Arizona (Mr. SHADEGG) to wean itself off of its dependence on hance the cooperation between our two and the gentleman from California (Mr. oil, and Middle Eastern oil in par- countries and will jump-start the cre- SHERMAN) for their great leadership in ticular. Our national security and our ative process for the development of in- introducing this bill, as well as Chair- energy needs are intertwined, and this novative approaches to a critical issue man BARTON and Ranking Member DIN- bill will go a great step in moving in with domestic and national security GELL for supporting it in our com- that direction. implications. mittee. So, Mr. Speaker, I strongly support And I thank the gentleman, the spon- As the gentleman from Arizona the U.S.-Israel Energy Cooperation Act sor, for his time. pointed out, the bill did pass the En- and urge its adoption today. Mr. ENGEL. Mr. Speaker, I yield 6 ergy and Commerce Committee unani- Mr. Speaker, I reserve the balance of minutes to the gentleman from Cali- mously, which shows the strong bipar- my time. fornia (Mr. SHERMAN), my friend who tisan support that it has. We will all Mr. SHADEGG. Mr. Speaker, I yield worked hard on this legislation. benefit from our mutual commitment 21⁄2 minutes to the gentlewoman from Mr. SHERMAN. Mr. Speaker, there is to this legislation; and, more impor- Florida (Ms. ROS-LEHTINEN). no greater problem in this world than tantly, our country will benefit. Ms. ROS-LEHTINEN. Mr. Speaker, I our dependence on petroleum. There is Today, the United States consumes thank the gentleman for yielding me no greater problem for our Nation. nearly 21 million barrels of oil per day, time. There is no greater problem for our demands 25 percent of global oil pro- I rise today in strong support of this economy than the fact that we have to duction and holds only 3 percent of the bill introduced by my distinguished import so much oil, sending billions of global oil supply. This has made our colleague and friend, Mr. SHADEGG of dollars every year to other countries, Nation dangerously dependent on un- Arizona. thereby impacting our balance of pay- stable and hostile nations for fuel and This measure establishes a grant pro- ments. illustrates just how important it is for gram to fund joint ventures between There is no greater problem for fami- the United States to continue to build American and Israeli businesses and lies than paying for gasoline and pay- upon partnerships with other nations scholars and calls for the creation of an ing to cool or heat their homes. for developing alternative energy International Energy Advisory Board There is no greater problem for the sources. Simply put, initiatives like comprised of U.S. and Israeli represent- environment than the pollution caused this will help strengthen United States atives working in tandem toward the when we burn petroleum, and there is national security. diversification of our sources of energy. no greater problem for the environ- Israel has always been a close friend Today, due to our reliance on the for- ment than global warming and the pro- and ally of the United States, and this eign supply of oil, the United States is duction of carbon dioxide and other legislation simply builds upon both na- in a troubling position that is quickly greenhouse gases. tions’ history of innovation and co- escalating. As reported by the Depart- There is no greater problem for our operation on scientific research. We ment of Energy, U.S. dependence on national security than our reliance on have already worked together on the foreign oil will increase by 33 percent foreign petroleum, first, the physical United States-Israel Binational in the next 20 years. security of that petroleum and, second, Science Foundation and the United What makes the situation even worse the fact that the rest of the world, if States-Israel Binational Industrial Re- is that frequently the money invested not the United States, finds it nec- search and Development Foundation. in foreign oil to meet our energy needs essary in order to acquire petroleum to As some of you may remember, dur- is then manipulated to fund terrorists give money to such countries as Iran ing consideration of the Energy Policy who aim to attack us and our closest and others who use that money for ne- Act of 2005, I had a provision success- allies. farious purposes. fully adopted into the law, section 986, Part of the solution to this problem Therefore, there is nothing that we which requires the Secretary of Energy is simple: eliminating our dependency can do that is more important than

VerDate Aug 31 2005 02:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.032 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5877 weaning the United States and the vehicle to move forward and work with gan, my colleague from the Commerce world off its dependence of petroleum. Israel to use its cutting-edge scientific Committee, the chairman of the Sub- And the first step is research, and an knowledge, and ours, to wean the world committee on Telecommunications and important part of that research is co- one step at a time off the need for con- the Internet (Mr. UPTON). operative research with other countries sumption of petroleum. Mr. UPTON. Mr. Speaker, I thank similarly dedicated to finding alter- Mr. SHADEGG. Mr. Speaker, I yield 1 the gentleman from Arizona for yield- native energy. minute to the gentleman from Texas ing. (Mr. CONAWAY). I rise in strong support of this legis- b 1345 Mr. CONAWAY. Mr. Speaker, I thank lation. I would note that it passed There is perhaps no better partner the chairman for yielding. without dissent in the Energy and than Israel. For the prime minister of I want to support this bill, H.R. 2730, Commerce Committee some time ago. Israel just a couple months ago, as the for four reasons. One, it strengthens But I also refer back to the Energy gentleman from Arizona pointed out, our ties between our Nation and Israel. Policy Act of 2005, section 986, the one stood in this hall and said, ‘‘Both Israel These are mutually beneficial ties, and we remember so well. It did call for a and the United States share a desire it is important that we continue to report to Congress on U.S.-Israel coop- for energy security and prevention of strengthen those ties on every level. erative energy research and projects, global warming. Therefore, through the I will also support this legislation be- and this bill takes that one step fur- United States-Israel Energy Coopera- cause it promotes research across three ther, and it funds cooperative joint tion Act, in collaboration with our U.S. very broad areas: One, alternative ventures to promote energy efficiency, counterparts, Israel will increase its ef- sources of energy, increases or im- renewable energy, and alternative en- forts to find advanced scientific and provements to energy efficiency, and ergy sources. technological solutions designed to de- then renewable sources of energy. We have an energy crunch, a crisis. velop new energy sources and encour- Breakthroughs in any of these three We should be working together. That is age conservation.’’ can have a dramatic impact on the way what this bill does. It expands the op- As the prime minister pointed out, we use fuel. portunities for companies and univer- Israel and the United States have a The third reason I am going to sup- sities and different bodies in both coun- strong mutual interest in advanced al- port this is that while it does authorize tries to work together to develop new ternative energy research. Both coun- $20 million a year over a 7-year period, technologies, whether it be solar or tries are on the cutting edge of this sci- there are payback or buyback provi- other different projects, where con- entific research. With modest invest- sions in the bill that allow for compa- sumers, citizens from both countries, ment, we can help stimulate joint ef- nies who benefit from seed money if will benefit. It is good bipartisan legis- forts between American and Israeli pri- they develop commercial applications lation. I would like to think that we vate sector institutions and academic of this research, they will pay this can pass it without dissent this after- institutions to work toward the devel- money back. noon, move it to the Senate. And the fourth reason is that the au- opment of technology that reduces the And, again, it was part of the energy thors have included a sunset provision world’s dependence on petroleum. bill that the President signed last year. in the bill that after 7 years it goes In the 108th Congress, I introduced a This is a step in the right direction. It away. is good policy. That is why the Energy very similar bill to the one that is be- So for these important reasons, I am and Commerce Committee passed it fore us today. It has been a pleasure to going to support this bill and encour- out on such a strong bipartisan vote, work with the gentleman from Arizona age my colleagues to support it as well. and I would like to think that we will in introducing this bill last year, an Mr. ENGEL. Mr. Speaker, I yield 2 pass it without further ado this after- improved version of the bill, and to minutes to the gentlewoman from Ne- noon. work with so many, including the gen- vada (Ms. BERKLEY). Mr. ENGEL. Mr. Speaker, I yield my- tleman from New York, to see that Ms. BERKLEY. Mr. Speaker, I would self such time as I may consume. that bill would reach this floor. like to thank the gentleman from New H.R. 2730 would allow the Depart- Mr. Speaker, I want to again com- York, Mr. ELIOT ENGEL, not only for mend the gentleman from Arizona (Mr. ment of Energy to invest up to $20 mil- yielding but for being a leader on this SHADEGG) for his leadership on this lion annually to provide joint ventures issue and so many others. between the U.S. and Israeli business bill. Mr. Speaker, I rise in strong support I think that all the points that have and academic researchers both for al- of H.R. 2730, the United States-Israel been made on both sides of the aisle ternative energy sources and for en- Energy Cooperation Act. We need only have been very important and very rel- ergy conservation. The Federal Gov- glance at today’s headlines about con- evant, and that is why this bill is real- ernment could recoup some or all of flict in the Middle East and soaring oil ly a no-brainer. It is good for the the monies so appropriated since, as prices to know why this legislation is United States, first and foremost. It is the gentleman from Arizona pointed so important to the future of the good for our relationship with the be- out, under each grant is an obligation United States and Israel, so important leaguered State of Israel. And we know for the grantee to pay the money back to the future of the entire world. that to move forward, we need to find if the investment is successful and rev- This bill will provide the resources to alternatives to oil, and this bill goes a enues are obtained. enable top scientists, academic institu- long, long way. I am convinced that Now, this legislation builds on exist- tions, and entrepreneurs in the field of the technology is out there. ing cooperative efforts, including the renewable energy to develop break- I am convinced that we can be free of United States-Israel Binational through technologies both in the our addiction to oil, that we can take Science Foundation and the United United States and in Israel. These two care of our energy needs without oil. I States-Israel Binational Research and allies, through this legislation, are am doing other legislation with the Development Foundation. These two making a major commitment to break gentleman from Georgia (Mr. KING- entities have already made scientific our addiction to oil through the devel- STON) in that regard. And I believe that breakthroughs in a variety of fields, in- opment of abundant, secure, clean, and in the next decade, our attention is cluding the life sciences, medicine, bio- renewable sources of energy. I believe really going to have to be focused on engineering, agriculture, and commu- the United States-Israel Energy Co- finding alternative ways of energy for nications. Now it is time to redouble operation Act will be recognized in the this country. these efforts and to focus on energy. As coming years as a major step towards This bill is an absolute win for every- the gentleman from New York pointed energy independence and it will serve body, and I urge my colleagues to sup- out, we have already had cooperative as a model for international coopera- port it. efforts with Israel on energy and he tion we so desperately need if the world Mr. Speaker, I have no further re- had added language in a bill passed last is to move beyond our dangerous de- quests for time, and I yield back the year to redouble those efforts. It is now pendence on oil. balance of my time. time to pass the U.S.-Israel Energy Co- Mr. SHADEGG. Mr. Speaker, I yield 2 Mr. SHADEGG. Mr. Speaker, I yield operation Act so that we would have a minutes to the gentleman from Michi- myself such time as I may consume.

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.034 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5878 CONGRESSIONAL RECORD — HOUSE July 26, 2006 At this point, I will insert in the I also want to thank my colleague American and Israeli private and public sec- RECORD an exchange of letters between from New York for his cooperation and tors. the chairman of the Commerce and En- his support of this legislation. This venture is in our economic interest and ergy Committee and the chairman of I believe it is a strong piece of legis- our national security interest. the Science Committee on the issue of lation that will help move America for- I urge my colleagues to support this bill. jurisdiction over this legislation. ward and help move Israel forward. It Mr. SHADEGG. Mr. Speaker, I yield HOUSE OF REPRESENTATIVES, will enable us to partner together and back the balance of my time. COMMITTEE ON SCIENCE, to address a problem which confronts The SPEAKER pro tempore. The Washington, DC, June 29, 2006. both nations in regard to our excessive question is on the motion offered by Hon. JOE BARTON, dependence on foreign sources of en- the gentleman from Arizona (Mr. SHAD- Chairman, Committee on Energy and Commerce, ergy. EGG) that the House suspend the rules Washington, DC. I think it is also important to note and pass the bill, H.R. 2730, as amend- DEAR MR. CHAIRMAN: I am writing to you the unique nature of this legislation, as concerning the jurisdictional interest of the ed. Science Committee in H.R. 2730, the United has been discussed in the debate here The question was taken; and (two- States-Israel Energy Cooperation Act. The today, and that is the payback provi- thirds having voted in favor thereof) Science Committee acknowledges the impor- sion. Lots of times, government funds the rules were suspended and the bill, tance of H.R. 2730 and the need for the legis- research, that research is phenome- as amended, was passed. lation to move expeditiously. Therefore, nally successful, but the government The title of the bill was amended so while we have a valid claim to jurisdiction never sees and the taxpayers never see as to read: ‘‘To authorize funding for over the bill, I agree not to request a sequen- a payback. I am pleased we were able eligible joint ventures between United tial referral. This, of course, is conditional to negotiate language which calls for, on our mutual understanding that nothing in States and Israeli businesses and aca- this legislation or my decision to forgo a se- under this legislation, a payback provi- demic persons, to establish the Inter- quential referral waives, reduces or other- sion so that if any of the work done national Energy Advisory Board, and wise affects the jurisdiction of the Science under the auspices of these funding for other purposes.’’. Committee, and that a copy of this letter programs produces a financial success, A motion to reconsider was laid on and of your response will be included in the the taxpayers are repaid proportionally the table. Committee report and in the CONGRESSIONAL according to their investment. f RECORD when the bill is considered on the I think it is critically important leg- House Floor. islation. I call on my colleagues to sup- FUEL CONSUMPTION EDUCATION The Science Committee also expects that port its passage. ACT you will support our request to be conferees on any provisions over which we have juris- Ms. JACKSON LEE of Texas. Mr. Speaker, Mr. SHADEGG. Mr. Speaker, I move diction during any House-Senate conference I rise today to support H.R. 2730, the United to suspend the rules and pass the bill on this legislation. States-Israel Energy Cooperation Act, intro- (H.R. 5611) to provide for the establish- Thank you for your attention to this mat- duced by my colleagues Congressman SHER- ment of a partnership between the Sec- ter. MAN and Congressman SHADEGG. retary of Energy and appropriate in- Sincerely, The bill uses two existing cooperative ef- dustry groups for the creation of a SHERWOOD BOEHLERT, forts, United States-Israel Binational Science Chairman. transportation fuel conservation edu- Foundation (BSF) and the United States-Israel cation campaign, and for other pur- Binational Industrial Research and Develop- HOUSE OF REPRESENTATIVES, poses, as amended. ment (BIRD) Foundation, to establish a $20 COMMITTEE ON ENERGY AND COMMERCE, The Clerk read as follows: Washington, DC, June 29, 2006. million/year grant program administered by the H.R. 5611 Department of Energy. This program is in- Hon. SHERWOOD L. BOEHLERT, Be it enacted by the Senate and House of Rep- Chairman, Committee on Science, tended to encourage American and Israeli resentatives of the United States of America in House of Representatives, Washington, DC. businessmen and academics to pursue Congress assembled, DEAR CHAIRMAN BOEHLERT: Thank you for projects that would reduce our dependence on SECTION 1. SHORT TITLE. your letter in regards to H.R. 2730, The current energy resources and explore ways to United States-Israel Cooperation Act. This Act may be cited at the ‘‘Fuel Con- increase energy efficiency. sumption Education Act’’. I acknowledge and appreciate your willing- Research by the Energy Information Admin- ness not to exercise your jurisdiction over SEC. 2. FINDINGS. the bill. In doing so, I agree that your deci- istration of the Department of Energy has The Congress finds that— sion to forgo further action on the bill will shown that the dependence of the United (1) today’s gasoline prices are taking a se- not prejudice the Committee on Science with States on foreign oil will increase by 33 per- vere toll on the pocketbooks of all Ameri- respect to its jurisdictional prerogatives on cent over the next 20 years. We are familiar cans; this legislation or similar legislation. Fur- with our Nation’s ‘‘addiction to oil,’’ as Presi- (2) a large number of factors contribute to ther, I recognize your right to request con- dent Bush phrased it in the State of the Union, the price of gasoline, including worldwide de- ferees on those provisions within the Com- mand for crude oil, taxes, international con- and the need to wean ourselves off of foreign flicts, regional supply chains, environmental mittee on the Science’s jurisdiction should energy dependence and onto more efficient they be the subject of a House-Senate con- regulations, and refining capacity; ference on this or similar legislation. energy resources. (3) individuals can take steps to address I will include your letter and this response As we watch the Middle East transform be- rising demand by using a few simple gas sav- in the Committee Report and I look forward fore our eyes once again, we must remember ing tips; and to working with you as the bill moves to the that in Israel we not only have a strategic ally. (4) increased driving efficiency will lower House Floor. Israel is also a leader in technology innovation the demand for gasoline and thereby lower Sincerely, and research, a resilient and strong economic prices in the short term. JOE BARTON, partner, and a nation that shares our interest SEC. 3. PARTNERSHIP. Chairman. in the development of energy alternatives de- (a) IN GENERAL.—The Secretary of Energy, Mr. Speaker, I want to begin by velopment. Israel has the highest proportion in through the existing programs at the Office of Energy Efficiency and Renewable Energy, thanking my colleagues Mr. SHERMAN the world of scientists and engineers within shall enter into a partnership with inter- and Mr. ENGEL for their work on this the working population, as well as the highest ested industry groups, including groups from bill. Mr. SHERMAN was the lead cospon- proportion of published scientific papers and the automotive, gasoline refining, and oil in- sor of the legislation. He has, as he patents. dustries, to carry out a public education mentioned, worked very hard on the The United States and Israel share an campaign that provides information to issue in a prior Congress. I am pleased unease about depleting energy resources, as United States drivers about immediate to have been able to work with him on well as a concern of the environment, and the measures that may be taken to conserve this legislation in this Congress and importance of conservation initiatives. Al- transportation fuel. This public-private part- now to bring it to fruition. I appreciate nership shall include a five member advisory though our politics and diplomacy are clearly board, to be chaired by the Secretary or his his comments that he feels the current actively engaged on a different stage of his- designee, which shall include representatives bill is an improved version and, in any tory in the Middle East. We must explore op- from the Department of Energy, the oil in- event, believe it is a very important portunities to increase our energy security, dustry, the automotive industry, and the step forward. and pursue scientific advancements with the Congress, to be appointed by the Secretary.

VerDate Aug 31 2005 04:52 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.037 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5879 The Secretary shall appoint the advisory data show that they understand, that bill is having strong support from all board not later than 30 days after the date of there is no single silver bullet that we the members of the Energy and Com- enactment of this Act. can enact and solve this problem over- merce Committee on both sides of the (b) ACCESSIBILITY.—The public information campaign under this section shall be tar- night. aisle. geted to reach the widest audience possible. But, Mr. Speaker, there are steps we Mr. Speaker, during this time of The education campaign shall include tele- can take. And this legislation, the Fuel record gasoline prices, over $3 a gallon vision, print, Internet website, or any other Consumption and Education Act, takes in my home State of New York and in method designed to maximize the dissemina- one of those important steps. The ris- most States of this Union, we have to tion of transportation fuel savings informa- ing cost of gasoline is a hardship, and be smarter about the way we conserve tion to drivers. this bill goes right at how we might ad- energy. As individuals, we have a re- (c) FUNDING.—The Secretary is authorized dress that hardship, and that is to re- sponsibility to make informed choices to expend not more than $10,000,000 to carry out this section from funds previously au- duce unnecessary demand for gasoline about what we drive, how we drive and thorized to the Office of Energy Efficiency and gasoline products through a coop- what fuel we put in our cars. and Renewable Energy, but shall provide no erative effort to understand how we In a recent Energy and Commerce more than 50 percent of the cost of carrying can reduce that demand. Committee markup, our committee out this section. Indeed, the problem of high cost is, in considered several bills to help con- SEC. 4. PARTNERSHIP ON FUEL SUPPLY FOR part, specifically that, a result of ex- sumers make decisions about how to EVACUATIONS. cessive demand and inadequate or in- improve the fuel economy of their cars. (a) IN GENERAL.—The Secretary of Energy, sufficient supply. This bill establishes One of these was H.R. 5611, the Fuel through the exisiting programs at the Office Conservation Education Act, which we of Energy Efficiency and Renewable Energy, a fuel conservation public service edu- shall enter into a partnership with inter- cation campaign aimed at lowering de- are debating today, which will direct ested industry groups and State and local mand for gasoline in the short term. the Department of Energy to establish governments, including groups from the gas- And, indeed, it can work. Using mass a public-private partnership with in- oline refining and marketing industries, to media to influence energy consumption dustry on a conservation education carry out an education campaign that pro- behavior across the country has been program and campaign, teaching driv- vides information to the State and local gov- proven to work in the past. ers about simple steps they can take to ernments and the private sector about best achieve real results. Education is b 1400 practices to ensure adequate fuel supplies clearly a necessary component of our during emergency evacuations. This public- Let me give you some examples. national commitment to improving private partnership shall include a five mem- In January of 2000, increased energy ber advisory board, to be chaired by the Sec- fuel economy. retary or his designee, which shall include demand led to rolling blackouts in During the same committee markup, representatives from the Department of En- California. A part of the effort to com- our committee considered a bill by ergy, the gasoline refining industry, the gas- bat those rising energy costs and to Congressman SHIMKUS, Congressman oline marketing industry, a State govern- avoid rolling blackouts was a govern- ALLEN and myself that would establish ment, and a unit of local government. The ment-funded, public-private coopera- a National Tire Education Program. Secretary shall appoint the advisory board tive campaign undertaken to help re- Right now, consumers have no way of not later than 30 days after the date of en- duce demand. Over the course of the knowing how efficient the replacement actment of this Act. year, Californians reduced peak de- (b) FUNDING.—The Secretary is authorized tires they purchase are or even that to expend not more than $3,000,000 to carry mand by 89 percent. That is a fact. proper maintenance of tires will im- out this section from funds previously au- That is not a mistake. Californians, prove the fuel economy of these tires thorized to the Office of Energy Efficiency through this education program, re- and of their automobile. It has been es- and Renewable Energy. duced peak demand by 89 percent. They timated that you can improve fuel The SPEAKER pro tempore. Pursu- reduced total consumption by 6.7 per- economy by anywhere from 1 to 3 per- ant to the rule, the gentleman from Ar- cent in that year. cent per year if tires are kept properly izona (Mr. SHADEGG) and the gentleman There are many things that can be inflated. This could lead to savings of 1 from New York (Mr. ENGEL) each will done to reduce consumption, from to 2 billion gallons of fuel per year. control 20 minutes. properly inflating the tires of a vehi- So it is all about education, and that The Chair recognizes the gentleman cle, to making sure that the engine is is what this bill is about. from Arizona. tuned, to making sure that the air So, Mr. Speaker, while we must work GENERAL LEAVE cleaner for the vehicle is replaced when on long-term solutions to our energy Mr. SHADEGG. Mr. Speaker, I ask it should be, to making sure that the challenges that will have a significant unanimous consent that all Members fuel filter for the vehicle is replaced impact on gasoline prices, we should may have 5 legislative days within when it should be. also promote programs in the short which to revise and extend their re- Mr. Speaker, there are many steps term that will empower individuals to marks on this legislation and to insert that we can take, that the average con- make informed choices about fuel extraneous material on the bill. sumer, the average automobile driver economy. That is what this bill does, The SPEAKER pro tempore. Is there does not understand and does not rou- and that is why I urge the adoption of objection to the request of the gen- tinely do. All of that causes demand to H.R. 5611 today. tleman from Arizona? go up, and all of that forces prices Mr. Speaker, I reserve the balance of There was no objection. higher. my time. Mr. SHADEGG. Mr. Speaker, I yield I urge my colleagues to support this Mr. SHADEGG. Mr. Speaker, I yield 8 myself such time as I may consume. legislation. I believe it is critically im- minutes to the distinguished gen- Mr. Speaker, I rise in strong support portant. I want to commend my col- tleman from Texas (Mr. CONAWAY), the of H.R. 5611, the Fuel Consumption and league from Texas, Mr. CONAWAY, for author of this legislation. Education Act. introducing this legislation and bring- Mr. CONAWAY. Mr. Speaker, I appre- I would begin by noting that in the ing it forward. It is the kind of step ciate that high praise indeed. I appre- debate on the last bill and, indeed, in that we can do immediately to address ciate members of the Energy and Com- the 1-minute speeches which occurred both our excessive demand and the merce Committee moving this bill in this Chamber just this morning, it high prices. along and moving it to the floor today was noted that the cost of gasoline Mr. Speaker, I reserve the balance of with bipartisan support. I also want to across America is spiking. Indeed, it is my time. thank the cosponsors of the bill, FRED imposing a severe financial burden on Mr. ENGEL. Mr. Speaker, I yield my- UPTON, RALPH HALL, ED TOWNS and every single American family and on self such time as I may consume. GENE GREEN, who helped work on this every single American business. Right- Mr. Speaker, I rise in strong support modest attempt to address the usage of fully, the American people have asked of H.R. 5611, the Fuel Conservation gasoline in this country. Congress to solve this problem and to Education Act. Again, I find myself Several speakers ahead of us this solve it quickly, and yet I think most agreeing with my friend from Arizona morning during the one minutes spoke Americans understand, indeed, survey in everything he said, which is why the very eloquently about the rising cost of

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.006 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5880 CONGRESSIONAL RECORD — HOUSE July 26, 2006 gasoline. I think yesterday there was a miles to the gallon. If we just drove ward, and I appreciate the sponsors report that it hit a record $3.02 a gallon next week 17 miles less in our car than that have helped with it. on average across the United States. It we did this week, if all of us did it, Mr. ENGEL. Mr. Speaker, I yield 2 seems as though we as consumers will then the impact we want to achieve on minutes to the gentleman from Texas begin to make decisions at $3 a gallon this would begin to happen. (Mr. GENE GREEN). that we won’t make at $2 a gallon, de- We are going to try to begin to con- Mr. GENE GREEN of Texas. Mr. cisions we ought to make at $2 a gal- vince the American gasoline users of Speaker, I am a proud cosponsor of lon, but the concern about the money this idea through media, print, tele- H.R. 5611. I serve on the Committee on is not there in our heads to make that vision, Internet, Web sites, a variety of Energy and Commerce, and I am glad happen. ways, to communicate the benefits of our committee reported this bill to the This effort of a joint public-private being smarter when you drive. Benefits floor. educational effort has shown results in like driving sensibly. If you are an ag- It does basically two things: One, it the past, as Mr. SHADEGG has already gressive driver, if you accelerate ag- creates these public-private partner- mentioned, in California, the dramatic gressively from stop signs and run the ships so we can deal with the demand results they had; people just making tachometer on your car above 2,000 side. That benefits all Americans. I am informed decisions, decisions that they RPMs, you will use more gasoline than honored to represent a district where ought to make day in and day out, but you need to. So if you make a con- we make a lot of gasoline that fuels they don’t. scious effort to keep your tachometer our cars, but we also have to pay that There is a recent headline in the USA below 2,000 RPMs a minute, you will high price at the pump. We can control Today which said natural gas prices, use dramatically less gasoline. On av- our own destiny if we use public-pri- not gasoline prices, but natural gas erage, the savings would be between 5 vate partnerships that this bill will prices went down dramatically. Let me and 30 percent, which would save up to allow between the Department of En- read one sentence out of that. ‘‘Prices between 8 and 52 billion gallons of gas- ergy and different groups. They will have fallen because natural gas sup- oline a year. really help to show how we can lower plies are far above normal after a mild If you observe the speed limit, some- our number of miles we need to drive winter and lower demand, leading to an thing that we all do here in this body, and do a lot of other things, some of inventory surge.’’ I am sure, religiously, but if you sim- them are being done right now. Here is what we are trying to effect. ply observe the speed limit, you could Making the Department of Energy If each one of us, each of us who drives save economy fuel benefits between 7 more proactive with these private-pub- a car in America this coming week and and 23 percent, another 12 to 40 billion lic partnerships, will lower our demand for the foreseeable future, would use gallons of gasoline a year. side and hopefully lower our individual Excessive weight. These are some just one gallon less of gasoline, you costs we have to pay for fuel. Also, if small things that most of us don’t would see that impact. Inventories we lower demand, the price will come think about. But all that extra stuff would begin to surge, and the prices down. Because the reason we are pay- that you haul around in the trunk of would come down. ing over $3 a gallon, at least in my area your car that ought to be stored in the When I am out at town halls and and some areas of the country, is be- garage, if you will take that weight other places in the district, even from cause of the high demand. out, you will improve your gasoline ef- a district that represents Midland and The other part of the bill I think is ficiency. In fact, the smaller your car, Odessa, the crude oil and natural gas really good, and I am glad Mr. the greater that weight, then the dif- production capital of the world, that CONAWAY included it, the partnership ferential is even bigger. So take all may be a bit over the top, but, never- on fuel supply for evacuations. I don’t that extra weight out of the trunk of theless, an awful lot of crude oil pro- think there is any secret that in the your car, and you will have savings duced in West Texas, even there, people Houston-Harris County area last year there. complain about high gasoline prices. If you also keep your car tuned and when Rita just barely missed us, it If all of us would collectively do the filters changed, there are dramatic went to the east and hit both Congress- small things, Mr. SHADEGG mentioned a savings in those regards as well. Keep- man TED POE’s district and Congress- couple of those, several of them, we ing the tires inflated, our colleague on man KEVIN BRADY’s, but we were con- could have a dramatic impact on total the other side has mentioned the im- cerned enough that we had almost 2 gasoline demand. As demand goes portance of tires and the impact that million people trying to evacuate, and down, inventories would rise; and as they have. the supply side for evacuations was not those inventories go up, the law of sup- So every one of these issues, each of there. ply and demand takes over and the us can choose to do our own. Particu- The State of Texas and our local prices go down. larly on our side of the aisle, we talk community is doing some planning now We would have two benefits from an awful lot about less government in anticipation. But, in hindsight, it that. One, the benefit we would get di- regulation, freedoms and personal really is the Department of Energy’s rectly by actually spending less money choices. That is what we are talking responsibility to be able to look at this on the gasoline for powering our cars; about here. These are personal choices and make sure that in emergencies we and then collectively we would benefit, that you and I can make, not walking have a plan in place for supply for the economy benefits as well as the into work or not riding bicycles, not evacuations but also after the fact. ecology benefits. doing draconian kinds of things that In the Houston area, we have a num- 2004, the last time we had statistics really aren’t going to work in the long ber of refineries, and we actually shut on that, we drove in America 2,962 bil- run, but smart things that we can do, those down because we thought Rita lion miles, vehicle miles. You add all day in and day out, to begin to form a was going to be in the Houston Ship the cars up, the 243 million registered habit that allows us to use a little bit Channel and we were going to have 5 cars and trucks in this country, collec- less gasoline than we would have other- feet of water in those refineries. To get tively we drove those many miles. With wise used and also to keep money that that refining capacity back up, we have a volume of that size, modest reduc- we would spend on that gasoline. to have some assistance; and I want tions in the usage of gasoline or mod- So I encourage my colleagues to sup- the DOE to be a partner in that. est improvements in the efficiency of port this legislation. It is a modest at- I support the bill and thank you, Mr. the usage of that gasoline can yield tempt to address the problem. The CONAWAY, for introducing it. dramatic results. overall problem of gasoline costs and Mr. SHADEGG. Mr. Speaker, at this Each one of us, on average, drives usage in this country needs a long- time I yield 3 minutes to the gen- about 12,000 miles a year. It works out term solution. This is not what that is tleman from Michigan (Mr. ROGERS). to about 234 miles a week. If we could about. This is about something we can Mr. ROGERS of Michigan. Mr. begin to do the things that would im- begin to do today and tomorrow to af- Speaker, I thank the gentleman. I ap- prove the efficiency with which we fect this problem. preciate it. drive those miles, or simply drive a few So I appreciate the Energy and Com- I want to compliment Mr. CONAWAY miles less, on average, it is about 17 merce Committee moving this bill for- from Texas for his introduction and

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.042 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5881 pushing this bill, H.R. 5611, to the fore- supposed to be a part of a comprehen- than that electrical generation which front. It is an important part of what sive Republican Energy Week that we is built so that we can plug in toasters, we are doing in this House. were going to have here at the end of refrigerators, stoves, computers, have We get to the point where Asia has July, showing how committed the Re- light bulbs go on. used more oil last year than North publican Party was to dealing with the But the Bush administration does America, and India is yet to come on- energy crisis in our country. not want to ensure that the industries line fully in its oil consumption. There And this is energy week for the Re- that make these devices have to make is only going to be more pressure on publicans, although I would spell them more efficient. So as a result we the oil produced around the world. ‘‘weak,’’ w-e-a-k, because that is really have more pollution, more health prob- So this House has taken some impor- what this bill is. This is a conserva- lems, and when it comes to auto- tant steps to try to steady our supply. tion, efficiency, education bill. mobiles and the importation of 70 per- We have invested in the policy changes Now, it turns out that if you go to cent of the oil, which we consume, by for domestic production and expansion the Department of Energy Web site, the way it was only 30 percent of the of our refinery capability. We have in- you find out that they are already oil that we consumed in 1975 at the vested in alternative fuels, not only in doing almost everything that is in this first oil crisis. research and development but trying to bill. It is already on their Web site. We are now up to 61 percent getting make sure there is refining capability What I think the American people un- deeper and deeper. Since the Repub- for ethanol across the country. derstand is that they should not expect licans took over the Congress in 1995, Lastly, we talk about conservation, the Republican Party to actually stand we have gone from 45 percent depend- when I recall back to being a young up to do something about energy effi- ence on imported oil to 61 percent de- child and my parents coming home and ciency. pendence upon imported oil, a 16 per- telling us about President Nixon’s Because, after all, we put 70 percent cent increase. Goes up about 11⁄2 per- challenge to every American to lower of all of the oil which we consume into cent every year that the Republicans their thermostat in their house to help gasoline tanks. So you would think control the House and the Senate, and conserve energy, and it worked. that they would be out here on the it really accelerates when they take What this bill does is really present floor, we would be having a huge de- over the Presidency, which they have some very commonsense options for all bate about how to increase the fuel had for the last 6 years. of us that we get to follow. It is a true economy for the automotive fleet in They are saying today that they are partnership from all of the players who our country, which has gone backwards not going to do anything about the fuel have really the most to gain by con- over the last 20 years, to a standard economy standards for SUVs and for servation. It will lower demand, num- that we met in 1981. automobiles. They are not going to im- ber one; and it will reduce our depend- Now, the problem is that America prove the efficiency over the next 10 ency on foreign oil, number two. They now imports 61 percent of all of the oil years, next 20 years, no plan in place. are small, commonsense things that we which we consume. We put 70 percent Same thing is true for the appliances can do individually that add up to big of that oil into gasoline tanks. Now, if which we use, the devices which con- solutions. That is what is important we just improve the fuel economy sume electricity, no plan. But you can about this bill. standards for our country to 33 miles go to the Web site. That is what their Just a few examples, Mr. Speaker, if per gallon over the next 10 years, that bill will do. You can find out how to I may. Replacing your clogged air filter would be all of the oil that we actually make more efficient the inefficient de- can improve your car’s gas mileage by import from the Persian Gulf. Thirty- vices which you now have. That is the as much as 10 percent. You can im- three miles per gallon is all of the oil plan. prove gas mileage by around 3 percent from the Persian Gulf. Mr. Speaker, I will tell you it is by keeping your tires inflated to the Instead, we are back down at 25 miles about as dangerous an abdication of re- proper pressure. You can increase your per gallon in the United States, with sponsibility on any issue that our gas mileage by 2 percent by using the this huge challenge knowing that the country has ever seen. We just had the recommended grade of motor oil by United States only has 3 percent of the new President of Iraq address the Con- your car’s manufacturer. oil reserves in the world. gress today. Is there a connection be- These are commonsense, simple So this bill out here educating the tween the volatility in the price of oil things. But Americans need to under- public as to how to drive their vehicle for Americans at the gas pump and his stand how important those small better or inflate their tires, that is all presence here today? things are in adding up to big savings fine. But it is already out there. The The pictures that we see every night of barrels of oil consumed every year, Department of Energy is already doing in Lebanon? All of it is related to the which means, at the end of the day, it. Consumers are already trying to unfortunately crazy, speculative mar- lower prices, less dependence on for- save the price of gasoline at the pump, ketplace that is now opening up on the eign oil. because they know that OPEC and the price of oil, because people believe that oil industry is tipping them upside chaos is breaking out. Who is the vic- 1415 b down and shaking money out of their tim? Each and every American who has Every family has sat at the table and pockets every time they go in to refill to pay these exorbitantly high prices talked about the consumption of their their tank. for energy because there is no Repub- budget by gas prices. If you stop to fill By the way, when it comes to appli- lican energy plan. up your pump on the way to take your ances, when it comes to electric con- This is energy week for the Repub- kids to school, or to go to work, or run sumption in our country, the Bush ad- licans, w-e-a-k. That is what we have an errand, you know how painful it is ministration, over the first 6 years, has on the floor debated this afternoon. I today. yet to promulgate a regulation on urge a ‘‘no’’ vote on this ineffectual, If we continue on the path of this making the devices which we use in our redundant, unnecessary piece of legis- House with good energy policy and do- country more efficient. They keep put- lation. mestic supply and alternative fuels, ting it back and back and back. And Mr. SHADEGG. Mr. Speaker, I yield 2 and individual conservation, Mr. what they do is they tell us that the minutes to the gentleman from Michi- Speaker, we will ensure that we have first one might be issued in September gan (Mr. UPTON). an energy supply for the future that is of 2007, and the last of the backlogged Mr. UPTON. Mr. Speaker, I guess it both affordable and meets the demands standards will not come out until 2011 was about 2 months or so ago that my of an American economy that is on the and will not go into effect until 2016. friend and colleague from the good move. That will be the energy efficiency State of Texas (Mr. CONAWAY) came up Mr. ENGEL. Mr. Speaker, I yield 6 legacy of the Bush administration, of to me with a piece of legislation that minutes to the gentleman from Massa- the Republicans, because, ladies and he thought would really help con- chusetts (Mr. MARKEY). gentlemen, all of the coal-fired, oil- sumers, an education plan that pro- Mr. MARKEY. Mr. Speaker, this bill fired, nuclear-fired power plants that moted, in fact, could save lots of gaso- that we are debating right now was are built in America are nothing more line that we would not have to import.

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.044 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5882 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Mr. CONAWAY wanted to do this the Thus, today, I want to take this occa- economic well-being and our environ- right way. He said, you know, this is sion to call the Members’ attention to mental integrity. So, from a security such a good idea, obviously it is going legislation that seeks to do precisely point of view on national security, to be referred to the Energy and Com- that. I call it the PROGRESS Act, a from an economics point of view in merce Committee. He wanted it to be program for real energy security. terms of the growth of our economy bipartisan. And as a new Member, he I, along with others, unveiled this and from an environmental standpoint, was not quite sure what his relation- proposal yesterday, along with the we must apply America’s technological ship was with some of the members on dean of the House, Congressman DIN- capability to producing clean-burning our committee, particularly on the GELL; the ranking Democrat on the alternative fuels that are energy effi- other side of the aisle. Transportation Committee, Congress- cient and sell them to China and India. He asked for some advice. And he man OBERSTAR; and Congressmen Because if China and India do not have went and shopped that piece of legisla- UDALL, HERSETH, HOLT, BLUMENAUER, that capability as well, they will choke tion before he introduced it. As it and SCHIFF. us to death. So it is not just what we turned out, he got every person that he In short, the PROGRESS Act seeks do but what these two behemoth soci- asked to be a cosponsor of the bill. to initiate a robust, vigorous, focused eties, growing industrial societies in Now, Mr. TOWNS, Mr. GENE GREEN, a national program, akin to the Manhat- our globe are doing. We must act now. whole number of different Members. tan Project, this one focused on energy That is the point the gentleman from The bill moved through our committee. independence. Massachusetts was making. I disagree And it passed without dissent. Had a The PROGRESS Act would establish with him on whether we are for or hearing. It passed without dissent and a National Energy Security Commis- against this bill. I am going to vote for here it is today. sion, bringing together government, in- this bill. There is nothing wrong with Mr. Speaker, we have an energy cri- dustry and academic leaders to develop this bill. Educating consumers is a sis. We do. There is a host of things consensus national goals on energy. good thing to do. To the extent that that we as individuals can do ourselves Well, that sounds very good, another they are more knowledgeable in saving to help our own family budget, particu- commission. But it is, in fact, like the fuel, that is a positive step for us to larly as it relates to the fuel efficiency Base Closure Commission, because they take; and I am going to vote for it. of our vehicles. will then submit through the President But the point that the gentleman Some of us know some of these its proposals, and the Congress will from Massachusetts was making is it is things already: Going the speed limit, have to act on those in an expedited not enough nor is it a substitute for removing the excess weight. But a fashion, as is true with Base Closure. very focused, comprehensive action. whole number of different things, and, It would establish as well a new Man- That is what the PROGRESS Act is all yes, the Department of Energy talks hattan Center for high efficiency vehi- about. I hope that you will look at it, about it on its Web site. I think we can cles, seeking to double the current av- and I hope that you can help us pass it, do a better job. That is what this bill is erage vehicles’ efficiency, and to diver- perhaps not this year but in the very about, how can we do better? sify fuel types. America, the greatest early part of the next session of the Working with industry, working with innovator on the face of the Earth, Congress of the United States. the Department of Energy, working ought to be producing cars that are Mr. SHADEGG. Mr. Speaker, I yield 1 with our constituents trying to pro- 60-, 70-mile-per-gallon cars, and selling minute to the gentleman from Penn- mote a whole number of things that them to India and China, as opposed to sylvania (Mr. FITZPATRICK). collectively make an awful lot of sense. the other way around. Mr. FITZPATRICK of Pennsylvania. But the bottom line is that we can It would establish a national biofuels Mr. Speaker, I rise as one Member on save, perhaps, if we did them all, if we infrastructure development program, this side of the aisle that in the past were in violation of all of these things, establishing a grant program to en- has supported Mr. MARKEY’s calls for perhaps save us as much as 25 or 30 per- courage the private sector to invest in increased fuel efficiency standards and cent of the income that we otherwise wholesale and retail biofuel pumps, voted for his amendments but believe use for gasoline. tanks, and related distribution equip- that it would be foolish to so vote and Mr. Speaker, I would urge my col- ment. not also support this demand side plan leagues to support this bipartisan leg- It will do us no good to produce presented by Mr. CONAWAY from Texas, islation. I endorse wholeheartedly what biofuels if we cannot deliver them to which also has a proven track record, our colleague, Mr. CONAWAY, does. I biofuel-capable vehicles. The and urge my colleagues to support H.R. would like to think that it will pass PROGRESS Act calls for a stimulus 5611, the Fuel Education Conservation with a very strong vote this afternoon. package to upgrade the pipeline for Act. Mr. ENGEL. Mr. Speaker, I yield 4 biofuels. You cannot ship them I just want to point out one fact, minutes to our Democratic whip, my through pipelines, they are a different that, over one year, Californians re- friend, the gentleman from Maryland chemical make-up and they eat up duced peak demand by 89 percent and (Mr. HOYER). pipelines. total consumption by 6.7 percent. I Mr. HOYER. Mr. Speaker, I thank The freight rail system, while also would submit, if we can do it in Cali- the gentleman for yielding me time. providing grants to promote conserva- fornia, we can do it across America. So Mr. Speaker, I think this bill, the tion alternatives, such as public tran- I would urge my colleagues to support Fuel Conservation Education Act, is a sit and commuter rail, the freight rail the bill. worthwhile piece of legislation. I am systems are critical. Mr. ENGEL. Mr. Speaker, I have no going to support it. This bill calls for a This bill would also increase the use further speakers. Again, I urge our col- public education campaign by the De- of alternative fuels in Federal fleets. leagues to support the bill, and I yield partment of Energy and industry Federal fleets are the largest users of back the balance of my time. groups to provide U.S. motorists with petroleum products in the world. The Mr. SHADEGG. Mr. Speaker, I yield information about measures that they largest single user in the world. Many myself the balance of my time. may take to conserve fuel. I think that of our vehicles are flex fuel vehicles. Mr. Speaker, I rise in strong support is important information. The problem is, there is no delivery of of this bill. It is a constructive sugges- Many of the measures, from observ- flex fuel infrastructure in place, and tion. And I am sorry to say that at ing speed limits to keeping tires prop- therefore they do not use it. least at one point in this debate it was erly inflated, of course, are already Mr. Speaker, I urge the Members to proven that any issue, sadly, any issue well known. review the PROGRESS Act, this pro- that is brought to this floor can be I believe that even the cosponsors of gram for real energy security, which made partisan. the bill acknowledge that it is no sub- will be introduced tomorrow. It seems to me that the famous quote stitute, however, for a real, proactive by Roosevelt applies here, and that is energy policy that seeks to wean our b 1430 that it is always easy to point out how Nation from its dependence on foreign Energy independence is inextricably the strong man stumbled or how the oil. linked to our national security, our doer of deeds might have done them

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.046 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5883 better. It is always possible to come in I would suggest that this is good legis- 1934 (47 U.S.C. 254(h)(5)(B)) is amended by and say, well, this isn’t good enough. lation. I would suggest that it is indeed striking clause (i) and inserting the fol- You should have done this. You should the right thing to do, to help educate lowing: have done that. consumers; and I am, quite frankly, ‘‘(i) is enforcing a policy of Internet safety for minors that includes monitoring the on- But, as that quote suggests, the cred- stunned that an opponent would come line activities of minors and the operation of it belongs not to the critic but to the to the floor and say we do not need to a technology protection measure with re- man who is in the arena struggling and educate America’s consumers on the spect to any of its computers with Internet trying to do the right thing. In this cost of excessive consumption of gaso- access that— case, Mr. Speaker, that is my col- line. ‘‘(I) protects against access through such league, Mr. CONAWAY of Texas. This is good legislation. I commend computers to visual depictions that are— Now, some people say facetiously, oh, the gentleman from Texas (Mr. ‘‘(aa) obscene; this is energy week for the Repub- CONAWAY) for his effort. I appreciate ‘‘(bb) child pornography; or licans; and they criticize that we the support of some of my colleagues ‘‘(cc) harmful to minors; and haven’t done enough. I would note that on the other side, and I urge that all of ‘‘(II) protects against access to a commer- cial social networking website or chat room some of those people oppose drilling in the Members pass this legislation. unless used for an educational purpose with ANWR where we might find additional Mr. Speaker, I yield back the balance adult supervision; and’’. resource. They oppose even rational of my time. (b) CERTIFICATION BY LIBRARIES.—Section proposals to do offshore drilling. They The SPEAKER pro tempore (Mr. 254(h)(6)(B) of such Act (47 U.S.C. 254(h)(6)(B)) oppose rational proposals called for by BONILLA). The question is on the mo- is amended by striking clause (i) and insert- the industry to incentivize additional tion offered by the gentleman from Ar- ing the following: refineries. izona (Mr. SHADEGG) that the House ‘‘(i) is enforcing a policy of Internet safety Indeed, I worked very hard to in- suspend the rules and pass the bill, that includes the operation of a technology H.R. 5611, as amended. protection measure with respect to any of its crease hydroelectric energy; and the computers with Internet access that— same people who are today here criti- The question was taken; and (two- thirds having voted in favor thereof) ‘‘(I) protects against access through such cizing this bill opposed the construc- computers to visual depictions that are— tion of additional hydroelectric pro- the rules were suspended and the bill, ‘‘(aa) obscene; duction facilities. Indeed, they say we as amended, was passed. ‘‘(bb) child pornography; or should tear down existing dams that The title of the bill was amended so ‘‘(cc) harmful to minors; and produce hydroelectric energy. as to read: ‘‘A Bill to authorize a part- ‘‘(II) protects against access by minors One of the speakers on this bill said, nership between the Secretary of En- without parental authorization to a commer- well, this really is unnecessary. Indeed, ergy and appropriate industry groups cial social networking website or chat room, and informs parents that sexual predators it is a waste of time. Because in point for the creation of a transportation fuel conservation education campaign, can use these websites and chat rooms to of fact there is already an Energy De- prey on children; and’’. partment Web site which tells con- and for other purposes.’’. A motion to reconsider was laid on (c) DEFINITIONS.—Section 254(h)(7) is sumers this information. amended by adding at the end the following Well, unfortunately, that misappre- the table. new subparagraph: hends what this bill does. This bill f ‘‘(J) COMMERCIAL SOCIAL NETWORKING doesn’t just create a Web site. This bill DELETING ONLINE PREDATORS WEBSITES; CHAT ROOMS.—Within 120 days after the date of enactment of the Deleting calls for a cooperative effort to adver- ACT OF 2006 tise to American consumers what they Online Predators Act of 2006, the Commis- Mr. UPTON. Mr. Speaker, I move to sion shall by rule define the terms ‘social can do. suspend the rules and pass the bill networking website’ and ‘chat room’ for pur- Perhaps the gentleman who made (H.R. 5319) to amend the Communica- poses of this subsection. In determining the that argument knows that every single tions Act of 1934 to require recipients definition of a social networking website, the person residing in his congressional of universal service support for schools Commission shall take into consideration district understands already that using and libraries to protect minors from the extent to which a website— ‘‘(i) is offered by a commercial entity; their cruise control on the highway can commercial social networking websites help maintain a constant speed and ‘‘(ii) permits registered users to create an and chat rooms, as amended. on-line profile that includes detailed per- save gas. The Clerk read as follows: Perhaps the gentleman understands, sonal information; H.R. 5319 ‘‘(iii) permits registered users to create an or in his congressional district every Be it enacted by the Senate and House of Rep- on-line journal and share such a journal with single consumer understands, that ag- resentatives of the United States of America in other users; gressive driving can reduce mileage by Congress assembled, ‘‘(iv) elicits highly-personalized informa- 33 percent. SECTION 1. SHORT TITLE. tion from users; and Presumably, in that particular Mem- This Act may be cited as the ‘‘Deleting On- ‘‘(v) enables communication among ber’s district, every single member ob- line Predators Act of 2006’’. users.’’. serves the speed limit and understands SEC. 2. FINDINGS. (d) DISABLING DURING ADULT OR EDU- that for each five miles per hour over The Congress finds that— CATIONAL USE.—Section 254(h)(5)(D) of such Act is amended— the 60 miles an hour that you drive, (1) sexual predators approach minors on the Internet using chat rooms and social net- (1) by inserting ‘‘OR EDUCATIONAL’’ after you are increasing the cost of gasoline working websites, and, according to the ‘‘DURING ADULT’’ in the heading; and by 21 cents a gallon. United States Attorney General, one in five (2) by inserting before the period at the end Perhaps, indeed, I assume, every sin- children has been approached sexually on the the following: ‘‘or during use by an adult or gle consumer in that congressional dis- Internet; by minors with adult supervision to enable trict understands that a single 100 (2) sexual predators can use these chat access for educational purposes pursuant to pounds of extra weight in your vehicle rooms and websites to locate, learn about, subparagraph (B)(i)(II)’’ . can cost you an additional 2 percent befriend, and eventually prey on children by SEC. 4. FTC CONSUMER ALERT ON INTERNET each year. engaging them in sexually explicit conversa- DANGERS TO CHILDREN. tions, asking for photographs, and attempt- (a) INFORMATION REGARDING CHILD PREDA- Perhaps in that congressional dis- TORS AND THE INTERNET.—Not later than 180 trict every consumer understands that ing to lure children into a face to face meet- ing; and days after the date of enactment of this Act, fixing a car that is not timed properly (3) with the explosive growth of trendy the Federal Trade Commission shall— can save you 4 percent of the gasoline chat rooms and social networking websites, (1) issue a consumer alert regarding the po- you need to consume. Indeed, fixing a it is becoming more and more difficult to tential dangers to children of Internet child serious maintenance problem can save monitor and protect minors from those with predators, including the potential danger of you 40 percent. devious intentions, particularly when chil- commercial social networking websites and And perhaps every consumer in that dren are away from parental supervision. chat rooms through which personal informa- tion about child users of such websites may SEC. 3. CERTIFICATIONS TO INCLUDE PROTEC- congressional district understands that be accessed by child predators; and if you keep your tires properly inflated TIONS AGAINST COMMERCIAL SO- CIAL NETWORKING WEBSITES AND (2) establish a website to serve as a re- you will save 3.3 percent. CHAT ROOMS. source for information for parents, teachers But I would suggest that not all (a) CERTIFICATION BY SCHOOLS.—Section and school administrators, and others re- Americans do understand those things. 254(h)(5)(B) of the Communications Act of garding the potential dangers posed by the

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.047 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5884 CONGRESSIONAL RECORD — HOUSE July 26, 2006 use of the Internet by children, including in- However, to the extent that children I do so simply to move this process formation about commercial social net- are using the Internet outside the along and to indicate to families across working websites and chat rooms through home, particularly at school or at a the country that protecting children which personal information about child users public library, parents have not been from online exploitation and from of such websites may be accessed by child predators. able to monitor their child’s online child predators is a serious issue that (b) COMMERCIAL SOCIAL NETWORKING use, and that is the situation that H.R. warrants attention. WEBSITES.—For purposes of the requirements 5319 is designed to address. This is an issue upon which Demo- under subsection (a), the terms ‘‘commercial Earlier this month, the Tele- crats and Republicans agree, because social networking website’’ and ‘‘chat room’’ communications and Internet Sub- these issues affect families regardless have the meanings given such terms pursu- committee held a legislative hearing of party affiliation. I do not, however, ant to section 254(h)(7)(J) of the Communica- on this bill; and as a result of many believe that this legislation will actu- tions Act of 1934 (47 U.S.C. 254(h)(7)(J)), as constructive suggestions that we heard ally adequately address these issues, amended by this Act. from our witnesses and Members alike, nor do I support the way in which this The SPEAKER pro tempore. Pursu- particularly those representing schools bill was brought to the floor today. ant to the rule, the gentleman from and libraries, the legislation before us The hearing that we had on this bill Michigan (Mr. UPTON) and the gen- today I think reflects much improve- highlighted several serious deficiencies tleman from Massachusetts (Mr. MAR- ment. and won’t be effective in combating on- KEY) each will control 20 minutes. At its heart, the bill before us today line predators. The Attorney General The Chair recognizes the gentleman would require schools which receive e- from Texas, for example, testified that from Michigan. rate funding, and I would note that I just going after schools and libraries GENERAL LEAVE am a strong supporter of e-rate fund- wouldn’t achieve a whole lot. The ini- Mr. UPTON. Mr. Speaker, I would ing, to enforce a policy of Internet tial bill would have had the Federal ask unanimous consent that all Mem- safety for minors that includes moni- Government create a blacklist of for- bers may have 5 legislative days within toring their online activities and the bidden Web sites. A law enforcement which to revise and extend their re- protection measures to protect against official and an Internet security expert marks on this legislation and to insert access to commercial social net- testified that the bill would do little to extraneous material. working Web sites or chat rooms, un- protect children. The SPEAKER pro tempore. Is there less used for an educational purpose So how did the majority react to objection to the request of the gen- with adult supervision. problems highlighted in the hearing? tleman from Michigan? Additionally, this bill would require They decided to skip a subcommittee There was no objection. libraries which receive e-rate funding and a full committee markup. They Mr. UPTON. Mr. Speaker, I would to enforce a policy of Internet safety opted to rewrite this bill without pub- yield myself 5 minutes. that includes the operation of a tech- lic input or consultation with the Mr. Speaker, I rise in strong support nology protection measure that pro- Democratic side, and they decided to of H.R. 5319, the Deleting Online Preda- tects against access by minors to com- rush it to the floor today. tors Act of 2006, which was introduced mercial social networking Web sites or Not surprisingly, the bill continues by Representatives Fitzpatrick and chat rooms unless they have parental to have several flaws. It remains Kirk, along with Representatives Mil- authorization and the library informs overbroad and ambiguous. I continue ler of Michigan, Weldon of Pennsyl- parents that sexual predators can use to have reservations about utilizing vania, English of Pennsylvania, Davis those Web sites and chat rooms to prey the e-rate funding mechanism as the of Kentucky, and Castle. on kids. legislative hook for Federal involve- I would note that under the leader- The approach taken by this legisla- ment in this area. That is because the ship of Chairman WHITFIELD and Chair- tion is not dissimilar to the approach e-rate program was not designed to be man BARTON, the Oversight and Inves- taken by the Children’s Internet Pro- a cop on the beat in the front lines bat- tigation Subcommittee has held mul- tection Act through which Congress re- tling child predators. Rather, it was de- tiple hearings exposing the appalling quires schools and libraries that re- signed to enhance Internet access and sexual exploitation of children on the ceive e-rate funding to impose filtering bridge the digital divide. Internet. This includes the dark under- technology to protect kids from online b 1445 side of social networking Web sites, visual depictions of an inappropriate which have been stalking grounds for sexual nature. As a result, it is a program which sexual predators who are preying on Mr. Speaker, I support the e-rate. I may not help us assist all K–12 schools children all across the Nation; and we continue to do so. I often visit a school, at any time or individual schools in have had many and such cases in my virtually every week. I have seen the every funding cycle. In other words, if home State of Michigan, way too tremendous educational value which the goal is protecting children and many. the Internet has brought to students combating child exploitation, why Federal law enforcement officials throughout our district, and I recog- should these requirements only apply have described the sexual abuse and ex- nize the importance of the e-rate in in schools receiving e-rate funding? ploitation of our Nation’s youth as an making that a reality. And this bill does nothing for fami- epidemic propagated by the unlimited However, as with all technologies, lies when the kids online are at home. access of the Internet. The statistics the Internet is a double-edged sword, If the goal is to address the issue of on- are alarming. The FBI has seen better and Congress does have the responsi- line predators, this bill proposes an in- than a 2,000 percent increase in its bility to ensure that, to the extent effectual remedy. caseload of online sexual predators the that a Federal program is involved, Moreover, the whole process by last 10 years. And of the estimated 24 like the e-rate, it is doing all that it which this bill was brought to the floor million child Internet users, one in five can to ensure that children are pro- today puts in jeopardy the prospects of kids has received unwanted sexual so- tected from online dangers. This bill legislating successfully on a serious licitations. It is estimated that, at any represents another step in making sure issue. given moment, 50,000 predators are that online experiences at school and Mr. Speaker, I believe that parents prowling for children online, many of the library are safe. need and deserve better education and whom are lurking within social net- I want to congratulate Mr. KIRK, Mr. tools to protect their children, and the works. FITZPATRICK, and Ms. BEAN for their Democrats stand ready to work with At a minimum, what our hearings leadership on this issue. I urge all of our colleagues when they feel they are have taught us is that both kids and my colleagues to support this bill. ready to truly address this issue with parents need to be better educated Mr. Speaker, I reserve the balance of proposals that are meaningful and en- about the dangers of social networking my time. forceable. Web sites, and parents need to police Mr. MARKEY. Mr. Speaker, I yield In that spirit, I intend to vote for their children’s online use at home to myself such time as I may consume; this bill in order to move the process guard against sexual predators. and I rise in support of this legislation. forward, but ultimately, I think that

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.016 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5885 we will need to explore other addi- Mr. Speaker, I take a back seat to no I will enter into the RECORD at this tional solutions and further revisions. one when it comes to my dedication to point the letter of opposition from the Mr. DINGELL, the ranking member of tracking down, prosecuting and lock- American Library Association. the full Energy and Commerce Com- ing up child predators. I have helped AMERICAN LIBRARY ASSOCIATION, mittee, will be here in a few moments lead the child predator investigation in Washington, DC, July 26, 2006. in order to speak to these issues of con- the House, and I have participated in To: United States House of Representatives. cern as well. I thank you for your at- six hearings on this issue. Re opposition to H.R. 5319, the Deleting On- tention. Unfortunately, child predators are line Predators Act (DOPA). Mr. Speaker, I reserve the balance of not the target of today’s bill. This bill DEAR REPRESENTATIVE: On behalf of the my time. will not delete online predators. Rath- American Library Association (ALA), I write Mr. UPTON. Mr. Speaker, I yield 1 er, it will delete legitimate Web con- to indicate our continued opposition to H.R. 5319, the Deleting Online Predators Act minute to the gentleman from the good tent from schools and libraries. (DOPA). We understand this bill may come State of Texas (Mr. POE). Schools and libraries that serve stu- to the House floor this afternoon and ask Mr. POE. Mr. Speaker, I want to dents are the target of this legislation. that you oppose this bill as it presently thank Mr. UPTON for his work on this The bill is an attempt to protect chil- reads. bill. dren in schools and libraries from on- No profession or community is more con- As co-founder of the Victims Rights line predators. It is important to note cerned about the safety of children than our Caucus, I strongly support this bill. that during the six oversight hearings Nation’s librarians. Librarians in public li- Our Attorney General Gonzales says braries and school library media centers we had, hearing from 38 witnesses on work continuously to assure that children that one out of every five children in the issue, there was not one mention of have appropriate and safe access to the ma- America is approached sexually on the online child exploitation being a prob- terials and information services they need so Internet. In recent months, Congress lem at schools or libraries. Perhaps that each young person can become literate and the national news media have put this is because there is already a law and educated with the skills and knowledge intense focus on the problem of Inter- on the books that requires schools and to succeed in the digital and online world. net predators. Parents obviously have libraries who receive e-rate funding to ALA had hoped following the July 11th a responsibility to monitor what their monitor children’s Internet use and to hearing on H.R. 5319 before the Commerce kids see at home, but they leave home. Committee’s Subcommittee on Tele- employ technology blocking children communications and the Internet, that an They go to school, they go to libraries, or preventing children from viewing amended version would seek to resolve some and this bill helps parents parent bet- obscene and harmful content. of the problems we expressed in ALA’s testi- ter. Many schools and libraries already mony. Unfortunately, the revised language Social networking sites such as block Web sites such as MySpace. This we received only last night does not make MySpace and chat rooms have allowed legislation is largely redundant and the necessary changes that we believe would sexual predators to sneak into homes raises many constitutional concerns. better serve the public interest and con- and solicit kids, and this bill requires The National School Boards Associa- tribute to true online safety for young peo- schools and libraries to establish those ple. We urge opposition to H.R. 5319 for sev- tion opposes this bill saying, ‘‘NSBA is eral reasons: protections to prevent children from concerned that the bill would not sub- 1. The terminology used in DOPA is still accessing MySpace and chat rooms stantially improve safety of students, overly broad and unclear. As written, this while in school and libraries unless and would place an added and unneces- legislation would block access to many valu- parents are there or unless there is su- sary burden on schools. Furthermore, able websites that utilize this type of com- pervision. the legislation does not address the munication, websites whose benefits out- The bill also requires the Federal real issue of educating children about weigh their detriments. Trade Commission to issue consumer 2. DOPA still ignores the value of Inter- the dangers of the Internet and how to active Web applications. New Internet-based alerts and establish a Web site alerting use it responsibly and wisely.’’ applications for collaboration, business and and educating parents and teachers The American Library Association learning are becoming increasingly impor- about Internet sexual predators. Those also opposes this bill, saying the bill tant, and young people must be prepared to people live among us. They prey on our ‘‘denies access to constitutionally pro- thrive in a work atmosphere where meetings youngest, our children, and they will tected speech.’’ take place online, where online networks are do anything in their power to solicit This bill will not tackle the real essential communication tools. those children. threat to our children. Our committee 3. Education, not laws blocking access, is So this raises the awareness and the the key to safe use of the Internet. Libraries learned from teens, experts and law en- and schools are where kids learn essential in- protection of our children, and I forcement that the real threat lies in formation literacy skills that go far beyond strongly support this bill. children using these sites in their computer instruction and web searching. In- Mr. MARKEY. Mr. Speaker, I yield 3 rooms without adult supervision. deed, DOPA would block usage of these sites minutes to the gentleman from Michi- This legislation will actually drive in the very environments where librarians gan (Mr. STUPAK), a member of the children to go to unsupervised places, and teachers can instruct students about committee. unsupervised sites to go online, where how to use all kinds of applications safely Mr. STUPAK. Mr. Speaker, for the they will become more vulnerable to and effectively and where kids can learn how second straight day I come to the floor to report and avoid unsafe sites. child predators. 4. Local decision-making—not federal objecting strongly to the process by Finally, and importantly, legislation law—is the way to solve the problems ad- which bills are being brought to the before us today does nothing to hold dressed by DOPA. Such decisions are already floor on suspension without proper con- Internet service providers accountable. being made locally, in part due to the re- sideration. We learned from our hearings that quirements of the Children’s Online Protec- Today, the House is considering two ISPs vary widely in what they do to tion Act (CIPA) for E-rate recipients. This bills that were not properly considered empower children and parents, how additional requirement is not necessary. by the Energy and Commerce Com- they report online predators to au- 5. DOPA would restrict access to tech- mittee. Both the U.S.-Israel Energy Co- nology in the communities that need public thorities, and actively seek and block access most. H.R. 5319 still, as presently operation Act and the Deleting Online illegal content from their networks. drafted, would require libraries and schools Predators Act were rewritten behind The bottom line is that Members can receiving E-rate discounts through the Uni- closed doors by the majority and were vote for this bill, but we should not versal Service Program to block computer not marked up before going to the give parents the false hope that this users from accessing Interactive Web appli- floor. bill will keep their children safe. This cations of all kinds, thereby limiting oppor- On the other hand, our committee bill will increase the risk to children as tunities for those who do not have Internet marked up a bill today, and this is not we drive children away from supervised access at home. This unfairly denies the stu- a joke, but to protect consumers from dents and library users in schools and librar- sites to unsupervised sites. ies in the poorest communities from access- misleading thread counts for wool Finally, Mr. Speaker, I am pro- ing appropriate content and from learning suits. We mark up a bill to protect peo- foundly disappointed that this issue how best to safely manage their own Inter- ple from wool suits but not from online that should not be a partisan issue is net access in consultation with librarians child predators. becoming one. and teachers.

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.050 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5886 CONGRESSIONAL RECORD — HOUSE July 26, 2006 It should also be noted that key witnesses On their face, these numbers are prosecutions. I am committed to com- at the July 11th hearing testified that lim- startling. Even more startling, how- bating this growing threat, and I call iting access to social networking sites in E- ever, has been the visual evidence of- on my colleagues to help me in this rate schools and libraries will have little im- fight, and to do so now before the start pact on the overall problem since young peo- fered to millions of Americans through ple access these collaborative sites from the news outlets like NBS Dateline’s of a new school year. many locations and over a period of time. ‘‘To Catch a Predator’’ series. Mr. MARKEY. Mr. Speaker, I yield 4 If you have any questions, please call our Throughout his investigations, Chris minutes to the gentlewoman from Cali- office at 202–628–8410. Thank you for your Hansen proved time and again with dis- fornia (Ms. WATSON). consideration. turbing regularity that child predators Ms. WATSON. Mr. Speaker, I rise Sincerely, are ready and willing and able to ap- today in opposition to H.R. 5319, the LYNNE E. BRADLEY, proach the prey they stalk online. Deleting Online Predators Act, because Director, Office of Government Relations, it sends the wrong message to our chil- American Library Association—WO. What would have happened in these circumstances if the children these dren, our parents, teachers and librar- Mr. UPTON. Mr. Speaker, I yield 5 predators were to meet were not decoys ians. The bill would curb Internet minutes to the gentleman from Penn- and Chris Hansen was not there? How usage as a means to protect children, a sylvania (Mr. FITZPATRICK), the spon- counterproductive method to achieving sor of the legislation. many assaults, rapes and ruined lives would have resulted in these encoun- such an important goal. Mr. FITZPATRICK of Pennsylvania. Rather than restricting Internet ters? Mr. Speaker, I want to thank Chair- usage, parents, teachers and librarians Mr. Speaker, the fact, however dis- man JOE BARTON and Subcommittee need to teach children how to use our turbing it may be, is that child preda- Chairman FRED UPTON for their leader- ever changing technology. The infor- tors have harnessed the power and ano- ship in shepherding this legislation, mation age in which we live offers so the Deleting Online Predators Act, nymity that social networking sites much potential to our children, if they from the Energy and Commerce Com- provide to hunt their prey. know how to use it. mittee to the floor today. I want to es- I want to make the intention very Last month, I met with Sister Eliza- clear about my legislation. This legis- pecially thank Congressman MARK beth Thoman, one of my constituents, lation is directed at limiting the access KIRK and all of the members of the who founded the Center for Media Lit- Suburban Caucus for the commitment of minors to chat rooms and social net- eracy. It is an organization that cre- they have shown in addressing the working sites in public schools and li- ates and implements innovative tools needs of American families in the sub- braries receiving Federal universal to educate children on the art of media urbs. service funding. My legislation is not literacy. Just like students need to Monitoring our children’s use of designed to limit speech or infringe on know how to differentiate between emerging technologies is a huge task the rights of law-abiding adults. good research and bad research on Web for parents across the Nation, and the Under H.R. 5319, schools may disable sites, they need to know how to utilize Internet remains the focus of many protection measures in order to allow chat rooms and other media so they parents’ concerns. The growth of the use by students with adult supervision will not become victims of online pred- Internet has opened the door to many for educational purposes. In addition, ators. Her ‘‘Media Lit Kit/A Frame- new applications that tear down the libraries may disable protection meas- work for Learning and Teaching in a walls that once prevented communica- ures to allow use by children with pa- Media Age’’ is offered in the Los Ange- tion across vast distances. One set of rental authorization. Nothing will ever les Unified School District with much applications in particular has created a prevent adults from using these sites in success. It is also available on her Web huge following online, but have also schools and libraries. Most impor- site free of charge. created an equal amount of danger, and tantly, children would remain able to Rather than adding an extra adminis- they are social networking sites. use these sites at home under the su- trative task to already overworked Social networking sites, best known pervision of their parents. teachers and librarians, we should be by the popular examples of MySpace, This legislation is not a substitute providing grant moneys to implement Friendster and Facebook, have lit- for parental supervision, which re- programs like Sister Thoman’s so our erally exploded in popularity in just a mains the first line of defense for our children can learn right from wrong few short years. MySpace alone has children’s safety. That is why H.R. 5319 and good information from bad infor- over 90 million users and it is growing would require the Federal Trade Com- mation. every day. While these sites were de- mission to create a Web site and issue Yes, safeguards for our children need signed to allow their users to share vir- consumer alerts to inform parents, to be in place. tual profiles of themselves to friends teachers and school officials about the b 1500 and like-minded users, the sites at potential dangers on the Internet, spe- MySpace.com is working to create most have become a haven for online cifically online sexual predators and tougher controls for adults to e-mail sexual predators who have made these their ability to contact children children. Yes, we need to fully fund po- corners of the Web their own virtual through social networking sites and lice departments across the Nation to hunting ground. chat rooms. monitor online predators; and, yes, The dangers our children are exposed Mr. Speaker, this bill is only part of consumer alerts and learning tools to by these sites is clear and compel- the solution. I fear that no one law can need to be offered to parents and teach- ling. According to a study conducted stop the threat from sexual predators. ers alike to inform students of the dan- by the National Center for Missing and Instead, it will take the combined com- gers of the Internet; and, yes, parents Exploited Children, in 1998, there were mitment of the Congress, the Depart- and teachers and librarians need to 3,267 tips reporting child pornography. ment of Justice, as well as State and take an active role in monitoring stu- Since then, the number has risen by local law enforcement to track, inves- dents; but a law aimed at universal over 3,000 percent to an outstanding tigate and prosecute these offenders. service-run schools is not the answer. 106,119 tips in 2004. Congress must stand with law enforce- It is parents and teachers and librar- The Department of Justice recog- ment to provide them with the tools ians who should decide where children nizes child pornography as a precursor that they need to accomplish this goal. in their care should be able to access. for pedophiles and is often linked to Finally, I stood with Representative As another constituent in my district online predators. According to Attor- NANCY JOHNSON to add $3.3 million for pointed out in a recent e-mail, school ney General Gonzales, one in five chil- the FBI’s Innocent Images Program, districts and libraries already have the dren has been approached sexually on the FBI’s anchor program for its effort power to block access to social net- the Internet. Mr. Speaker, one in five. to stop online sexual predators. I wrote working sites and chat rooms, and Worse still, a survey conducted by the to Chairman WOLF to increase funding many of them have done so already. I Crimes Against Children Research Cen- for the Internet Crimes Against Chil- worry that a bill of this magnitude will ter found that less than one in four dren Task Force and for the addition of send us down the slippery slope of leg- children told their parents about the 26 new U.S. Attorney positions to in- islating even more Web sites and in- sexual solicitation they received. crease the rate of child exploitation fringing on our right to information.

VerDate Aug 31 2005 04:52 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.013 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5887 We live in busy times, and I know networking sites and chat rooms unless Mr. DINGELL. Mr. Speaker, I yield 3 many homes in my district and across they are doing so for legitimate edu- minutes to my distinguished friend the Nation are single-parent house- cational purposes under adult super- from Washington (Mr. INSLEE). holds, with some parents working two vision. We have invested hundreds of (Mr. INSLEE asked and was given or even three jobs. I understand par- millions of dollars across America in permission to revise and extend his re- ents can’t be with their children all the locking school doors and controlling marks.) time, but it is the responsibility of par- the access to children. This bill takes Mr. INSLEE. Mr. Speaker, I hate to ents and teachers and librarians to im- the commonsense step to make sure spoil this garden party, but this is not, pose rules in their own homes and that predators cannot sneak in through in truth, suburban legislation, it is schools. Just like teaching children the library computer. substandard legislation. And the rea- how to cross the street to avoid haz- Our legislation also requires public son for that is that it is, in effect, a ards, parents need to be able to teach libraries to provide the same levels of good press release, but it is not effec- their children how to cross an Internet protection to children. I believe this is tive legislation addressing a huge prob- Web site without getting hit. an entirely appropriate action to help lem threatening our children. Mr. UPTON. Mr. Speaker, I yield my- parents determine where their children The reason I say that is, after sitting self 30 seconds. go and what they do online. It seems through many hearings in the Com- I just want to say that as I learn foolish for the taxpayer to subsidize merce Committee about this enormous more and more about this legislation, what amounts to a loophole that sex- problem, I reached one conclusion. part of it was because of the gentleman ual predators can exploit. After listening to those thousands of from Illinois (Mr. KIRK) and the gentle- Mr. Speaker, Lake County offers one children who are being abused on these woman from Illinois (Ms. BEAN). We other case that plainly demonstrates horrendous occasions across this coun- share a media market together, me in the need for this legislation. The Lake try, I concluded that this legislation southwest Michigan, they, of course, in County State’s Attorney recently filed would not save one single child one sin- Chicago, and the concern by so many aggravated criminal sexual abuse gle time. in talk radio and the news is really charges against two teachers who were What we learned is that the problem something else. accused of soliciting and arranging to is not in our schools. These kids are I have to say that just a couple years molest underage students at a school not hanging in the library with these no one knew about the online predators where they were taught. Jason Glick sexual predators. They are hanging like we do today, and that is why we and James Lobitz didn’t just molest around in their dens, in their base- have had a number of hearings in the two underage students, they arranged ments, in their living rooms, and in Oversight Subcommittee chaired by to do so using school-owned computer their upstairs bedrooms. That is where Mr. WHITFIELD. equipment and resources during school we have to get to the problem. Mr. Speaker, I yield 5 minutes to one hours. The cases against Jason Glick If you look at the problem here on of the coauthors of the bill, along with and James Lobitz are still pending, but this chart, only 10 percent of the Mr. FITZPATRICK of Pennsylvania, Mr. by passing this bill today we send a abused kids are online and hardly any KIRK of Illinois. message to parents that we will close of them from schools. A tiny, tiny, in- Mr. KIRK. Mr. Speaker, to respond to every loophole sexual predators will finitesimal portion. This will not solve my Democratic colleague, I agree with use to roam the virtual halls at school. the problem. her that parents cannot be with their Now, there are things we can do, but, Mr. Speaker, this is the second sub- children all of the time, but sexual unfortunately, this legislation doesn’t urban agenda bill to pass the House. predators should not be with the chil- do a single one of them. I used to pros- Tomorrow, Representative JON POR- dren at any time, and that is the prin- ecute cases, so I know a little bit about TER’s bill will become law, allowing ciple by which this legislation stands. law enforcement. I raised three kids, so schools to check national felon data- Americans have a right to send their I know a little bit about the terror of bases before hiring a coach or a teach- children to safe schools and libraries. worrying about your children. But er. Tomorrow, we will take up a third In Lake County, Illinois, we have what this legislation does not do is the suburban agenda item, accelerating the seen what can happen when Internet three things we need to do. deployment of fully electronic medical predators make contact with children. Number one, we have to give re- records for all Americans. Last October, Joseph Caprigno mo- sources to law enforcement to pros- lested a 14-year-old boy that he met on Mr. Speaker, by tomorrow night, half ecute these horrendous monsters. We the Internet. Caprigno, a 40-year-old of the suburban agenda legislation will had detective after detective come to man, arranged to meet the boy in a 7– have passed the House of Representa- our hearings and say, give us some 11 parking lot through an Internet chat tives. But today I want to thank Chair- money; we can prosecute these people. room. man BARTON, Chairman UPTON, and This doesn’t give them a penny. In January, a 20-year-old man, Mi- Congresswoman MELISSA BEAN for Number two, we need to protect the chael Zbonski, molested a 16-year-old their help on a bipartisan basis in sup- data. What the detectives told us is he met on MySpace.com. Frighten- porting this legislation. I also want to that this data, once it disappears, they ingly, he not only communicated with thank Howard Waltzman of the com- can’t find the culprits. Now we could this girl for 2 years via MySpace, he mittee staff for his invaluable assist- require the data to be maintained for a also admitted to sexual relationships ance. But, most importantly, I want to year or two, like we are trying to do. with one of the victim’s underage thank the gentleman from Pennsyl- This bill doesn’t do that. friends. vania (Mr. FITZPATRICK) for becoming Third, what this bill could do is pro- The Deleting Online Predators Act is an outstanding leader of protecting vide some real meaningful tools for our a commonsense piece of legislation American children from online preda- schools to educate our children on how that empowers parents to play a more tors. to avoid these monsters on the Inter- active role in their children’s activities The SPEAKER pro tempore (Mr. net. This doesn’t do that. online. This bill calls on the Federal REHBERG). Without objection, the gen- The three effective things that we Trade Commission to issue consumer tleman from Michigan (Mr. DINGELL) could do to really save our kids is not alerts and to establish a unique Web will control the time of the gentleman done in this legislation. site to better educate parents as to the from Massachusetts (Mr. MARKEY). Now, why is this such a pathetic dangers posed from Internet predators. There was no objection. wave at trying to do something? Why Parents are the first and most impor- Mr. DINGELL. Mr. Speaker, how has Congress failed so miserably here? tant line of defense against these pred- much time remains on the two sides? There is a reason for that. The reason ators, but it is imperative to arm them The SPEAKER pro tempore. The gen- is we want press releases, without hav- with timely and accurate information tleman from Michigan (Mr. DINGELL) ing to do the hard work to do legisla- to protect their children. has 91⁄2 minutes remaining, and the tion. That is why we didn’t go through This bill also requires schools to pre- gentleman from Michigan (Mr. UPTON) the Commerce Committee to have a vent children from accessing social has 5 minutes remaining. markup on this bill so they could rush

VerDate Aug 31 2005 02:34 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.054 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5888 CONGRESSIONAL RECORD — HOUSE July 26, 2006 this thing to the floor and have their matters that we discuss now do not legislation to be protected is totally suburban agenda. really address the situation which con- unavailable. Well, speaking as a parent who rep- fronts us. The process stinks. The legislation is resents 650,000 people, and probably weak. The legislation will be ineffec- b 1515 200,000 parents in suburbia, I think sub- tive, it will accomplish nothing, and we urban parents, urban parents, rural And worse than that, we are going to will all share red faces about this bum- parents, big-city parents and little-city be right back here at some future time, bling endeavor. parents deserve real legislation to after the folks at home tell us what a Mr. Speaker, I yield back the balance stomp out the monstrosity that is sorry job we did in dealing with this of my time. going on on the Internet and not these matter. Because the problem of sexual Mr. UPTON. Mr. Speaker, I yield my- little press releases. We can’t go home predators continuing to work the self the balance of the time. and just say that we are heroes without young people is going to continue Mr. Speaker, I would just like to say having really done something. under this legislation, unabated; and to the gentleman from the great State When I go home, I am going to tell we are going to come back here with of Michigan, and my good friend, Mr. my constituents that, yes, maybe there red faces and say how we have made a MARKEY, as well, that I know that both are some headlines, but there wasn’t mistake and we have to do more. Chairman BARTON and myself look for- real relief. And I look forward to the The simple fact of the matter is this ward to working with both gentlemen day when this Congress gets down to legislation was sprung on us. I am told on strengthening this legislation down the nitty-gritty and really does some- that it was written last night. We bare- the road and looking to close as many thing about this terrible problem. ly saw it before the process on the floor loopholes as we can to protect our chil- Mr. DINGELL. Mr. Speaker, I yield started. And the committee process, dren. Because the bottom line is this, myself 6 minutes. which enables us to look at legislation better than a 2,000 percent increase in Mr. Speaker, I oppose these Internet in a sound and responsible way, and the the FBI caseload of online predators. predators. My good friend, for whom I committee process, which enables us to This is not the end-all. We know have great respect, the chairman of work together to put good legislation that. But we know that sexual preda- tors should not have the ability to use this subcommittee from Michigan, op- on the floor, legislation which is care- our schools or our libraries; and we poses them. Everybody else in the fully thought out and which the wis- should take away that avenue, if we Chamber opposes them. Every right- dom of all of the Members is brought to can, for their evil deeds. And that is thinking and decent American opposes bear on the question, is not something precisely what this legislation is in- this practice. What we need, however, which we find in the process in which we are now engaged. tended to do. is good legislation which will address And I would note that even though So now we are on the floor with a the problem. What we need is legisla- this was introduced some 2 months or piece of legislation poorly thought out, tion which will be effective. so ago, we have nearly 40 cosponsors of The Committee on Energy and Com- with an abundance of surprises, which the legislation. MELISSA BEAN has been carries with it that curious smell of merce had a number of hearings on a great leader from the Democratic partisanship and panic, but which is these matters. It is interesting to note side of the aisle, as well as the Repub- not going to address the problems. that, in the process of that, you can’t licans that have been mentioned ear- We have a piece of legislation on find anything about there being a prob- lier during the debate and that have which we have less than an hour to lem at schools and libraries. Now, this participated. And I know that in the talk, and we have no opportunity what- legislation has attracted both the oversight and investigation hearings soever to amend the proposal. We can strong opposition of the schools and that we have had, not only as well as in the libraries and the Chamber of Com- vote ‘‘yes’’ or we can vote ‘‘no.’’ Well, New Jersey but the legislative hearing merce, which points out to us that this most Members, I suspect, will do the that we had with many witnesses, in- bill needs more work. In other words, politically wise thing, and I will join cluding the Attorney General from Mr. Speaker, this bill is not ready for them in it, and that is, I am going to Texas, who did a marvelous job of ex- prime time. hold my nose and vote for this legisla- plaining what was going on in Texas, The unfortunate thing about this leg- tion in the full awareness that it is not they all strongly endorsed the intent islation is that, rather than dealing going to address the problem at all and and the legislation as it was intro- with the real problem, which is kids that it is a political placebo for a very, duced. and young people who are making very, serious problem. I think we have a better bill today these communications with sexual This is, essentially, a shin plaster on than perhaps was introduced by taking predators from their own home or their a cancer. This is a piece of legislation into consideration the many construc- own den or from their own basement or which is going to be notorious for its tive comments that were made by my from their own room, it deals with ineffectiveness and, of course, for its friend, Mr. MARKEY, Mr. DINGELL, and schools and libraries. Now, that is very political benefits to some of the Mem- others on the committee. fine if we had some record which would bers hereabout. With school starting for many as show that this is a real problem or that It is, in a nutshell, Mr. Speaker, early as next month, August, knowing there is not a better cure somewhere going to be as useful as side pockets on that the Congress, at least the House, else, which in fact there is. a cow in addressing the problem about is likely to adjourn this week, the Sen- The regrettable thing about this leg- which we are all deeply concerned, ate still has another week, I would like islation is its rush to the floor. I can’t where we have a duty to our constitu- to think that with a strong vote this tell whether it is a bunch of Repub- ents to legislate strongly and well and afternoon the Senate may take up this licans who are panicky about the next where we have a duty to have an open legislation perhaps next week, perhaps, election or whether it is a situation in process to hear the comments of our and we actually may get the bill to the which everybody is trying to rush to people, those that we serve, about what President’s desk so that it will be in get out of town to go on an August va- the legislation does to find out how we place for kids as they start school. cation. But the simple fact of the mat- do the best job of serving the American So that is one of the reasons, I think, ter is this legislation is not going to do people. Those events are absolutely not why this legislation was, indeed, anything to stop the abuses about to be found in the history of this legis- rushed to the floor. But, again, I know which there is a very legitimate com- lation. that we took in many good comments plaint. I really regret that my colleagues on by those at the legislative hearing that So here we are passing legislation, I the other side have chosen to behave we had, and I think that the proof will suspect, to help some of my panicky this way, but it seems to be a char- be in the pudding. Republican colleagues save themselves acteristic of this House under the lead- Mr. Speaker, I yield, for a brief in a difficult election, or which will let ership with which we are afflicted. minute, to the gentleman from Illinois people go home and say, oh, look what Good legislation is withheld, poor leg- (Mr. KIRK). we did. But this process has not only islation is written, and the opportunity Mr. KIRK. Mr. Speaker, I will just been flawed, it has guaranteed that the for the people to be heard or for the say, also, this legislation responds to a

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.055 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5889 rapidly growing phenomenon in Amer- Mr. SHAYS. Mr. Speaker, I rise in strong The yeas and nays were ordered. ica. Over 25 million American children support of H.R. 5319, the Deleting Online The SPEAKER pro tempore. Pursu- have their personal data on these sites. Predators Act. ant to clause 8 of rule XX and the These sites are now the number one I am a cosponsor of this legislation, which Chair’s prior announcement, further sites on the Internet, and we are apply- requires schools and libraries to monitor the proceedings on this question will be ing a tried and true principle of our ju- internet activities and implement technology to postponed. risprudence, now 800 years old, that protect children from accessing commercial f when you make money off of children, social networking sites like MySpace.com and EXPRESSING THE SENSE OF THE as these sites do, we have always recog- chat rooms that provide an avenue for dan- HOUSE OF REPRESENTATIVES nized a higher duty of care in the pro- gerous individuals to make personal contact THAT A NATIONAL HISTORI- tection of children, and that is the with unsuspecting underage children. CALLY BLACK COLLEGES AND principle that this legislation stands The popularity of social network sites have UNIVERSITIES WEEK SHOULD BE for. soared, especially among our children, in re- ESTABLISHED Mr. UPTON. Mr. Speaker, I would cent years. These sites allow users to post say, too, I believe it was over the photos, chat and interact with other users on- Mr. BOUSTANY. Mr. Speaker, I move Fourth of July week break that ‘‘Date- line. to suspend the rules and agree to the line’’ had the big expose; and I know However, the popularity of these sites have resolution (H. Res. 928) expressing the our office was flooded with calls and also become a haven for child predators. A re- sense of the House of Representatives letters, as I was home in Michigan. cent Department of Justice study found that that a National Historically Black Col- There were a good number of parents one in five children received an unwanted so- leges and Universities Week should be and others that expressed their concern licitation online. established, as amended. about some of these different online This legislation takes an important step to- The Clerk read as follows: services that were there; and if we can wards protecting our children from these on- H. RES. 928 close the loophole on schools and li- line predators. The bill will still allow teens to Whereas there are 103 historically Black braries, I think that it is a good thing. access social networking sites under their par- colleges and universities in the United I think that, because of that, I would ent’s supervision, and yet protects them when States; hope that most Members, when we vote they are online alone. The rise in online solici- Whereas historically Black colleges and universities provide the quality education on this later this afternoon, in all like- tations by child predators must be countered essential to full participation in a complex, lihood would vote ‘‘yes’’ on the bill. by a strong response, and H.R. 5319 takes highly technological society; Again, it is bipartisan, and that is why such action. Whereas historically Black colleges and it is here before us this afternoon. Mr. Speaker, I urge my colleagues to sup- universities have a rich heritage and have Mrs. BIGGERT. Mr. Speaker, I rise today as port this legislation. played a prominent role in the history of the a cosponsor of H.R. 5319, the Deleting Online Ms. JACKSON-LEE of Texas. Mr. Speaker, United States; Predators Act. I rise today in support of H.R. 5319, a bill that Whereas historically Black colleges and As a mother of four and a grandmother of would amend the Communications Act of 1934 universities have allowed many underprivi- six, the safety of our children is a priority of to require schools and libraries that receive leged students to attain their full potential through higher education; mine. When most of us were children, our par- universal service support to prohibit and block Whereas the achievements and goals of his- ents told us to never talk to strangers. Now as access to social networking websites and chat torically Black colleges and universities are parents and grandparents, our message must rooms. In doing so, H.R. 5319 will protect ado- deserving of national recognition; and change with technology to include strangers lescents from communicating with potentially Whereas the Senate, in S. Res. 528 passed on the Internet. harmful strangers. The bill will prevent adoles- on July 13, 2006, designated the week begin- We all were horrified by the story of the cents from accessing obscene or indecent ma- ning September 10, 2006, as ‘‘National His- teenage girl from Michigan who traveled terial and also from illegal, online sexual ad- torically Black Colleges and Universities across the world to the West Bank town of Week’’: Now, therefore, be it vances from strangers. Thus, the bill will help Resolved, That the House of Representa- Jericho to meet a man she had been commu- to safeguard our children, and put simply, will tives— nicating with on the networking Web site, prevent them from accessing any material that (1) recognizes the achievements and goals MySpace.com. Even worse are stories that in- is potentially harmful. of historically Black colleges and univer- volve internet pedophiles preying on children As many of you may know from watching sities in the United States; from all over the Nation, including my district. ‘‘Dateline’’ NBC’s ‘‘To Catch a Predator,’’ the (2) supports the designation of an appro- Naperville, a city that has twice been voted United States has a countless number of sex- priate week as ‘‘National Historically Black by Money Magazine as the Top City in the ual predators. It is very hard to profile a sexual Colleges and Universities Week’’; and Nation to Raise Children, has witnessed two (3) requests the President to issue a procla- predator, and it is also very hard to cure one. mation designating such a week, and calling high profile cases in the last three months in- This is why H.R. 5319 is a necessity; it will on the people of the United States and inter- volving young teenagers and men they have tackle this mammoth issue by preventing any ested groups to observe such week with ap- met on MySpace.com. kind of potentially harmful communication with propriate ceremonies, activities, and pro- It is easy to see why networking Web sites strangers in school networking sites and chat grams to demonstrate support for histori- are popular among teens. A recent poll by the rooms. I believe that it is hard to keep sexual cally Black colleges and universities. Pew Internet & American Life Project shows predators away from our children, but with this The SPEAKER pro tempore. Pursu- that 87 percent of those aged 12 to 17 use the bill, it will be easy to keep our children away ant to the rule, the gentleman from Internet on a regular basis. Of this 87 percent, from sexual predators. Louisiana (Mr. BOUSTANY) and the gen- approximately 61 percent report having per- I strongly support H.R. 5319, and I urge my tleman from New York (Mr. OWENS) sonal profiles on networking Web sites like colleagues to join me in supporting it. each will control 20 minutes. MySpace, Facebook or Xanga. These profiles Mr. UPTON. Mr. Speaker, I yield The Chair recognizes the gentleman contain photographs, e-mail addresses, hob- back the balance of my time. from Louisiana. bies as well as other personal information that The SPEAKER pro tempore. The GENERAL LEAVE would be easy for a child predator to manipu- question is on the motion offered by Mr. BOUSTANY. Mr. Speaker, I ask late. the gentleman from Michigan (Mr. unanimous consent that all Members With more than 90 million users, UPTON) that the House suspend the may have 5 legislative days in which to MySpace.com and other networking Web sites rules and pass the bill, H.R. 5319, as revise and extend their remarks on H. have become new hunting grounds for child amended. Res. 928. predators. Something clearly has to be done. The question was taken. The SPEAKER pro tempore. Is there This bill is a good start. At least let’s give par- The SPEAKER pro tempore. In the objection to the request of the gen- ents some comfort that their children won’t fall opinion of the Chair, two-thirds of tleman from Louisiana? prey while using the Internet at schools and li- those present have voted in the affirm- There was no objection. braries that receive Federal funding for Inter- ative. Mr. BOUSTANY. Mr. Speaker, I yield net services. That is why I urge all Members Mr. FITZPATRICK of Pennsylvania. myself such time as I may consume. to support H.R. 5319, the Deleting Online Mr. Speaker, on that I demand the yeas Mr. Speaker, I rise in support of H. Predators Act. and nays. Res. 928, recognizing the contributions

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.057 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5890 CONGRESSIONAL RECORD — HOUSE July 26, 2006 of Historically Black Colleges and Uni- provide valuable leadership and excel- lege presidents testified, the Owens versities; and I want to thank the gen- lence in education, and they certainly title IIIB amendment received both au- tlewoman from Texas (Ms. EDDIE BER- should be commended. thorization and appropriation in 1986. NICE JOHNSON), my colleague, for intro- I was pleased to see that the White Since 1986, with the support of both ducing this resolution. Ms. JOHNSON House Initiative on Historically Black parties, the Congress has provided $3.9 certainly recognizes the important role Colleges and Universities is coordi- billion. I want to repeat: 3.9 billion has that Historically Black Colleges and nating a 3-day national conference in flowed as direct aid to black colleges. Universities play in the postsecondary September where they will continue to This is a wise investment for a small education environment. discuss the progress of gulf coast recov- but vital sector of our much-needed ac- The HBCU community is extremely ery efforts. celerated mobilization for education. diverse. The community of Historically I urge my colleagues to recognize the Later on, I will indicate some of the Black Colleges and Universities in- important contributions made by His- kinds of money that has been received cludes 2- and 4-year institutions, public torically Black Colleges and Univer- by these colleges, one or two which and private institutions, as well as sin- sities and their graduates and to vote would not still be in existence had they gle sex and co-ed institutions. Even ‘‘yes’’ on this worthy resolution. not had the Federal funding. with this diversity of student body, Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of geographical location and population my time. my time. served, the principal mission of all Mr. OWENS. Mr. Speaker, I yield my- Mr. BOUSTANY. Mr. Speaker, I these institutions is unified, and that self such time as I may consume. thank the gentleman for the passion he is to provide a quality education for (Mr. OWENS asked and was given brings to this debate and for the hard African Americans. It is also important permission to revise and extend his re- work he has done to help Historically to remember that these institutions, in marks.) Black Colleges and Universities. Mr. Speaker, I reserve the balance of many instances, serve some of our Mr. OWENS. Mr. Speaker, I want to my time. most disadvantaged students. congratulate the distinguished Member Mr. OWENS. Mr. Speaker, I yield The contributions made by Histori- from Texas, EDDIE BERNICE JOHNSON, such time as she may consume to the cally Black Colleges and Universities and all the cosponsors of this impor- gentlewoman from Texas, the sponsor deserve recognition. While comprising tant legislation. of the bill (Ms. EDDIE BERNICE JOHN- less than 3 percent of the Nation’s 2- I am quite pleased to be able to state, SON). and 4-year institutions, Historically at this point, after my 23 years in Con- Ms. EDDIE BERNICE JOHNSON of Black Colleges and Universities are re- gress, I will be retiring at the end of Texas. Mr. Speaker, I am pleased to be sponsible for producing a significant this year, that my association with able to offer this resolution recognizing number of all bachelor’s, master’s and Historically Black Colleges and Uni- National Historically Black Colleges professional degrees earned by African versities is one of the most uplifting and Universities Week, and I want to Americans. In many instances, Histori- experiences of my career. thank Mr. OWENS for all of his efforts cally Black Colleges and Universities I came in 1986, early, and I am proud over the years and thanks to all the co- do not have access to the resources or of the fact that it was as a result of bi- sponsors. endowment income that other institu- partisan support that the Historically For over 170 years, our Historically tions can draw upon. Yet they are still Black Colleges and Universities were Black Colleges and Universities have able to provide quality education to an funded for the first time by the Federal been on the forefront of preparing our underserved population. Government. So this designation today Nation’s youth for a bright path and Since 1995, we have worked to im- is not empty ceremonial action. successful future. Many struggling, al- prove the Nation’s support for Histori- I am pleased to support the congres- most closing, and some did close, but cally Black Colleges and Universities. sional acknowledgement of the impor- determined to finish their mission. The Higher Education Amendments of tance of Historically Black Colleges Originally founded for the purpose of 1998 made improvements to the pro- and Universities, but Congress has al- providing educational opportunities for grams designed to aid Historically ready done something to help these in- African Americans, HBCUs have pro- Black Colleges and Universities in stitutions. There is great substance be- foundly changed the American eco- strengthening their institutions and hind this designation. nomic and social climate. The fact is graduate and professional programs. Historically, Black Colleges and Uni- that until 1964, HBCUs represented one These changes included allowing insti- versities will have the benefit of, have of the only opportunities African tutions to use Federal money to build the designation of September 10, 2006, American students had to obtain a de- their endowments and to provide schol- as National Historically Black Colleges gree in higher education. HBCUs have arships and fellowships for needy grad- and Universities Week as a result of changed the face of this Nation and uate and professional students. this legislation. But I just want to have opened the doors for many gen- Between 1995 and 2006, congressional highlight some of the things that Con- erations of African American students. funding for the strengthening Histori- gress has already done before I yield to Today America’s HBCUs continue to cally Black Colleges and Universities the sponsor of the bill. provide excellent educational opportu- program rose from $109 million to $238 HBCUs continue to serve, as you said nities for all Americans. Over 200,000 million, a 118 percent increase. And before, a critical role in our Nation; diverse students across the United what is more, funding for Historically and HBCUs have had the support of States attend HBCUs today. Black Colleges and Universities grad- Congress over the last 20 years, since I am proud to represent Paul Quinn uate programs increased from $19.6 mil- 1986. College, the oldest historical black col- lion to $57.9 million, an increase of 195 lege west of the Mississippi River. For percent. b 1530 over 130 years, Paul Quinn has provided It is important that we pause to rec- In 1986, Black Colleges and Univer- their student with the tools to become ognize the contributions of Historically sities faced a time of significant, al- successful leaders. Because of their Black Colleges and Universities and most desperate, financial turmoil. Sev- unique resources, HBCUs continue to their graduates by celebrating Histori- eral old schools had been shut down by be extremely effective in graduating cally Black Colleges and Universities 1986. Of the approximately 4,000 such African American students and pre- Week. My State of Louisiana is home institutions of higher learning in paring them to compete in the global to five of such institutions: Grambling America, all the institutions of higher economy. While they may start behind State University, Southern University learning, only 135 both historic and going into the college, they have al- A&M College, Southern University at predominantly black are black founded ways been able to compete equally and New Orleans, Dillard University, and and administered, and at that time, competitively on the graduate level. Xavier University. These institutions only about 107 Historically Black Col- HBCU graduates over half of all Amer- have dramatically improved the qual- leges existed. ican professionals, and 50 percent of all ity of life and economic opportunities After conducting a hearing at At- African American school teachers grad- on the gulf coast. These institutions lanta University, where 13 of these col- uate from HBCUs. Additionally, the

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.059 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5891 Historically Black Colleges and Uni- versity that has received aid. I do not Arkansas. The money that Representa- versities remain extremely successful think they exist anymore. That is tive OWENS talked about is so impor- in graduating African American Ph.D.s Selma University. They had received $3 tant because when I got there, I had $20 and scientists. million over the course of the funding in my pocket and a $50 scholarship. The fact is that we cannot move for- period. The scholarship, of course, was good as ward as a country until all of our chil- Also, I think significant, in Florida long as you maintained a B average, dren have the opportunity to succeed the largest amount of money has been and if you ever fell below, then you no academically. Each day, HBCUs help us received by Florida A&M University; longer had the $50 scholarship. bridge that achievement gap. Cele- $59.268 million has been received. Geor- It was not uncommon for friends of brated the week of September 10, Na- gia does very well with Albany State mine and myself to actually skip class- tional Historically Black Colleges and College, $31 million; Clark Atlanta Uni- es on light days and go out and pick Universities Week allows us to reflect versity, $33 million. These are rel- cotton so that we would have money to upon the impact these institutions atively small colleges that are known purchase our books. have had on our history and to cele- throughout the whole country. More- So the Historically Black Colleges brate their continued commitment for house College, $25 million; and and Universities, as all black colleges outstanding education. Spelman College, $26 million. and universities, have played a signifi- I would like to thank the House lead- In Louisiana, as mentioned before, cant role. They provide a rich heritage ership and the Education and the most of these colleges receiving aid and lay the foundation for men and Workforce Committee for allowing me from title IIIB were colleges affected women of color. W.E.B. Du Bois, who is to bring this important resolution to by Katrina and the subsequent flood: considered the father of sociology due the floor, and I request the support of Dillard University, over the years, has to his thesis called the ‘‘Study of the all my colleagues of Resolution 928. received $25.846 million; Grambling Philadelphia Negro,’’ is a product of Mr. BOUSTANY. Mr. Speaker, I yield State University, $47.179 million; Fisk University in Nashville, Ten- myself such time as I may consume. Southern University, $24 million; nessee, a Historically Black College. I commend the gentlewoman again Southern University A&M College, $57 Dr. Martin Luther King, Jr., all of his for bringing this resolution to the million; Southern University at New eloquence and analysis of social prob- floor. Orleans, $34 million; and Xavier Uni- lems came from his experiences not Let me just say that as we recover on versity, $31 million. only in the black church, but also came the gulf coast, and I mentioned the So I think we have certainly sup- from the education that he received at Historically Black Colleges and Uni- ported those colleges up to date, and Morehouse, located in Atlanta, Geor- versities in my home State of Lou- they need extra help, as everybody gia, a Historically Black College. isiana, they played a vital role in the knows, now. Thurgood Marshall, the first black leadership in helping us recover. We also have Virginia, which has Chief Justice of the United States Su- So, again, I thank the gentlewoman done very well: Hampton University, preme Court, is the product of Lincoln from Texas for bringing this valuable which had one of the largest private University in Chester, Pennsylvania, resolution to the floor. endowments, has still received $33 mil- which is historically known as the first Mr. Speaker, I reserve the balance of lion; Norfolk State University, $44 mil- Historically Black College founded in my time. lion; and Virginia State University, $30 1854. Mr. OWENS. Mr. Speaker, I yield my- million. These institutions are not only nec- self such time as I may consume. So we have an impressive record over essary for individuals who come from I want to just note the fact that as the 20-year period of title IIIB funding certain economic backgrounds, but Congresswoman JOHNSON mentioned, for Historically Black Colleges and they contain a great deal of the history the Paul Quinn College is one of the Universities. And I will submit this list and culture. So when Representative OWENS talks about how important the oldest HBCUs in the country. Since for the RECORD. 1996, they have received $15.753 million Mr. Speaker, I yield such time as he money is that we have been able to from title IIIB of the Higher Education may consume to the gentleman from provide for them, many of them pro- Assistance Act, title IIIB, which funds Illinois (Mr. DAVIS). vide the kind of nurturing environment HBCUs. Mr. DAVIS of Illinois. Mr. Speaker, that students often cannot get from a Texas, in general, has received let me just, first of all, thank the gen- big university. So they get the special money for several colleges: Huston- tleman from New York for yielding. help. Tillotson, which is relatively small; And I also want to thank and commend This, Mr. OWENS, and the work that Prairie View A&M University received the gentlewoman from Texas for her you have done and the introduction of $38 million since 1986; St. Phillip’s Col- introduction of this resolution. I want this resolution by Representative lege has received $42 million since 1986. to commend the gentleman from New EDDIE BERNICE JOHNSON make all of the The largest of all rewards, I think, has York because for as long as I have been work that we do to try to keep these been to the big Texas Southern Univer- a Member of Congress, he has been the institutions alive and vibrant. And I also want to thank my CBCF sity, which has received $47 million chief spokesperson for the Congres- intern, who is currently attending Fisk since 1986. sional Black Caucus on issues of higher University, Dante Pope, and is a singer This is not an empty resolution, as I education. with the renowned Fisk Jubilee Sing- said before. Congress can be proud of Mr. OWENS, you have represented us ers, who traveled all over the world to the fact that it has been involved in well and done an outstanding job, and raise money so that Fisk could con- maintaining these colleges, which were I commend you. financially strapped in 1986 and still This is one of the most delightful mo- tinue to exist. I thank all of those who will support struggle financially. ments that I have had since I have been this resolution. I think Alabama receives the most a Member of Congress because had it aid of the colleges. They have a long not been for a Historically Black Col- b 1545 list. Alabama State University, $37 lege, I would not be here. There is no Mr. BOUSTANY. Mr. Speaker, I re- million; Alabama A&M University, $35 doubt in my mind. I left home on my serve the balance of my time. million. Miles College, I would like to 16th birthday to attend what was then Mr. OWENS. Mr. Speaker, I yield my- note, is one of the colleges that was al- Arkansas A&M College at Pine Bluff, self 3 minutes. most about to go under. Because my of- which is now the University of Arkan- Mr. Speaker, I will comment on Mr. fice in 1986 and 1987 had many con- sas at Pine Bluff. Following me were DAVIS’ comments about going to the versations with the administration of six of my brothers and sisters who also University of Arkansas at Pine Bluff. Miles College, and if there had not been attended the University of Arkansas at Since 1986, the University of Arkansas a title IIIB funding, Miles College may Pine Bluff. Three nephews, one niece, at Pine Bluff has received $31 million not be here. They have received $21 and a half dozen first cousins. from the title IIIB congressional fund- million over the last 20 years. In Ala- We lived in the southeast corner of ing, and I think that his story is a bama, also, we have the smallest uni- the State, which was a rural area in story of many of my generation.

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.060 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5892 CONGRESSIONAL RECORD — HOUSE July 26, 2006 I was a child in a family of eight. Our [Statement from National Association for education at the center of the national edu- father worked in a furniture factory as Equal Opportunity In Higher Education] cation policy debate. As Congressman Owens a laborer. He never made more than OUR CHAMPION: CONGRESSMAN MAJOR OWENS completes his final term, we commend and minimum wage, and I think the min- Congressman Major Owens has been a tre- honor him for his tremendous contributions mendous champion for blacks in higher edu- to the black higher education community. imum wage at that time was less than Thank you, Mr. Owens! $3. He was often laid off. We were very cation and has served a distinguished 24-year HBCU GRANT AWARDS—ALL YEARS poor, and I had determined that I congressional tenure. Elected to the United States House of Representatives in 1982 from (PROVIDED BY THE U.S. DEPARTMENT would never go to college. New York’s 11th Congressional District. Rep- OF EDUCATION) I was a lucky one. The Ford Founda- resentative Owens is a member of the vitally Name and total award: tion had an experiment at that time necessary Education and the Workforce AL Committee, which guides all Federal in- going where they would allow young- Alabama A&M University, $35,025,655. volvement in education, job training, labor sters who had talent to take a test, and Alabama State University, $37,542,317. they could come out of college even law, employee safety and pensions, programs Bishop State Community College—Carver, for the aging and people with disabilities, from the 10th or 11th grade and get 2 $8,735,616. and equal employment opportunities. As Bishop State Community College—Main, years of college before they were eligi- Chairman of the Subcommittee on Select ble for the Korean War draft. The Ko- $26,169,993. Education and Civil Rights for six years, Concordia College, $11,346,530. rean War draft was under way at that Representative Owens’ record for passing Drake State Technical College, $10,042,970. time, and they were going to give legislation was second only in New York to Gadsden State Community College, bright youngsters a chance to get at Adam Clayton Powell. $4,000,000. least 2 years of college. In 1986, Historically Black Colleges and Lawson State Community College, Universities (HBCUs) faced a time of signifi- I took the test, and I had all of my $21,071,295. cant financial turmoil. Several old schools Miles College, $21,329,445. expenses paid to Morehouse College in had been forced to shut down. Of the approxi- Oakwood College, $22,003,819. Atlanta, Georgia. For the first 2 years, mately 4 thousand U.S. institutions of high- Selma University, $3,812,613. all of my expenses were paid, and I was er learning only 107 had been established spe- Shelton State Community College—Fredd, on a partial scholarship for the second cifically to educate Blacks and most were lo- $10,796,218. 2 years. cated in the South. Stillman College, $21,147,196. ‘‘These few jewels in the crown all deserve Talladega College, $22,110,197. But that was a pattern which was not to be preserved,’’ counseled Congressman Trenholm State Technical College, experienced by most of my colleagues Major Owens, the only graduate of an HBCU $15,591,117. at college. They had to struggle much (Morehouse College, ’56) on the Education Tuskegee Institute, $27,846,409. harder to maintain themselves. Tuition and Labor Committee. While such schools Tuskegee Institute/School of Veterinary was kept very low. The entire regimen were welcomed to apply for competitive Medicine, $27,846,409. higher education grants along with Harvard, of the college understood the students AR were poor and was geared to many of Yale and the four thousand other institu- tions, there was no direct channel for Fed- Arkansas Baptist College, $12,014,978. the problems that we had financially at eral funding to this special category. The Philander Smith College, $20,686,358. Shorter College, $4,600,000. home and the problems we had coming historic and unique struggle for the creation University of Arkansas—Pine Bluff, from schools that often had not pre- and maintenance of such schools was ac- $31,215,415. pared us for college work. So it is just corded no official recognition. When Con- personal experience that is certainly gressman Owens offered Title IIIB as a mod- CA very relevant here. est but vital possible funding stream, the Charles R. Drew Postgraduate Medical first obstacle encountered was a gross lack School, $31,215,415. I would like to note that at the time of familiarity in Washington. DC of the funding for the Historically Fortunately, then Chairman of the Edu- University of the District of Columbia, Black Colleges title IIIB, I said that cation and Labor Committee, Augustus Haw- $14,154,703. these few jewels in the crown all de- kins, was curious and supportive and agreed serve to be preserved. The fact that to allow Owens to hold a hearing in Atlanta, DE there are only 135 Historically Black Georgia, at Atlanta University’s Robert W. Delaware State College, $22,548,466. Colleges of 170 total black colleges in Woodruff Library. The first witness was then FL mayor of Atlanta, Andy Young. The presi- the United States right now, in a con- Bethune-Cookman College, $28,805,940. dents of thirteen other Southern Black col- Edward Waters College, $17,018,109. stellation of 4,000, they deserve to be leges followed Mr. Young in testifying. preserved, and they serve a great pur- Florida A & M University, $59,268,976. Chairman Hawkins and other Education and Florida Memorial College, $27,232,176. pose. Labor Committee members became enthusi- GA astic converts following that historic ses- Such schools before 1986 were wel- Albany State College, $31,594,007. come to apply for competitive higher sion. Beyond the expectations of Congress- man Owens there was a smooth passage of Clark Atlanta University, $33,405,088. education grants, but they had to com- the authorizing legislation with five grad- Clark College, $1,910,402. pete with Harvard, Yale and 4,000 other uate schools added to the original list. As a Fort Valley State College, $27,642,764. institutions. There was no direct chan- major force on the Appropriations Com- Morehouse College, $25,258,383. nel for Federal funding to this special mittee, Congressman Lou Stokes obtained Morehouse School of Medicine, $25,258,383 category. The historic and unique an immediate appropriation. Funds are dis- Morris Brown College, $18,302,808. Paine College, $17,802,444. struggle for the creation and mainte- bursed on the basis of a formula and every HBCU is guaranteed an annual allocation. Savannah State College, $30,008,363. nance of such schools was accorded no Spelman College, $26,518,676. official recognition. Since the passage of the legislation in 1986, HBCUs went from zero dollars in Federal KY Fortunately, we went to Atlanta and funding to receiving a total of Kentucky State University, $24,646,607 had a hearing. As a result of that hear- $3,988,099,314.00 billion dollars. In his year of LA ing, 13 college presidents testified; and retirement, Congressman Owens has worked Dillard University, $25,846,205. we won the support of the Education diligently to introduce legislation that would afford Predominately Black Institu- Grambling State University, $47,179,192. and Labor Committee members and Southern University—Shreveport, later on the support of members of the tions similar support to other Title IIIA schools. $24,513,595. Appropriations Committee. In that Congressman Owens has been a stalwart Southern University A&M College, very same year, 1986, we authorized and guardian and advocate of predominately and $57,825,446. had an appropriation which started the historically black colleges and universities Southern University at New Orleans, process of funding the Historically throughout his congressional tenure. He is $34,052,351. Xavier University (LA), $31,083,299. Black Colleges. the leader of the CBC’s Braintrust on Edu- cation and in this regard has been and con- MD I will submit for the RECORD a state- tinues to be the opinion shaper on higher Bowie State College, $27,868,586. ment prepared for the National Asso- education issues impacting Black America. Coppin State College, $26,592,478. ciation of Equal Opportunity in Higher The entire Nation owes him a great deal of Morgan State University, $39,864,381. Education along with my list of actual gratitude for keeping important issues re- U. of Maryland at Eastern Shore, funding for each college. garding black colleges and blacks in higher $24,913,973.

VerDate Aug 31 2005 04:52 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.063 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5893

MI West Virginia State College, $27,965,546. [From the Congressional Black Caucus Lewis College of Business, $8,600,000. Mr. Speaker, I yield such time as she Foundation Newsletter] MO may consume to the gentlewoman from BLACK COLLEGES: TINY BUT STILL JEWELS IN THE CROWN Harris Stowe State University, $16,561,308. Florida (Ms. CORRINE BROWN). Lincoln University (MO), $22,686,379. Ms. CORRINE BROWN of Florida. (By Major R. Owens) In 1986 Black colleges and universities MS Mr. Speaker, I rise in strong support of faced a time of significant, almost desperate, Alcorn State University, $31,713,845. Ms. JOHNSON’s bill, House Resolution 928. This bill, which expresses the sense financial turmoil. Several old schools had Coahoma Junior College, $20,371,062. been shut down. Of the approximately four Hinds Community College—Utica, of the House of Representatives that thousand such U.S. institutions of higher $17,332,613. our Nation adopt a week each year to learning only abut 135 are Black founded and Jackson State University, $49,271,302. honor our Nation’s Historically Black administered. After conducting a hearing in Mary Holmes College, $7,373,526. Colleges and Universities, is a measure Atlanta University, where thirteen college Mississippi Valley State University, that would serve as an outstanding presidents testified, the Owens’ title IIIB $29,887,936. tribute to Historically Black Colleges amendment received support for both au- Rust College, $18,899,685. thorization and appropriation. Since 1986, Tougaloo College, $27,068,054. and Universities. There are four HBCUs in the State of with the support of both parties, the Con- NC Florida: Florida Memorial in Miami; gress has provided 3.9 billion dollars in direct aid to Black colleges. This is a wise invest- Barber-Scotia College, $10,257,592. Florida Agriculture and Mechanical Bennett College, $21,724,937. ment for a small but vital sector in our Elizabeth City State University, University in Tallahassee, of which I much needed accelerated mobilization for $23,121,455. am a graduate; Edward College, which education. Fayetteville State University, $30,642,331. is in the heart of my district; and Be- Our nation must more fervently embrace Johnson C. Smith University, $21,726,429. thune Cookman College, a great insti- its duty to the mission of indispensable lead- Livingstone College, $17,552,027. tution in Daytona Beach, a school I ership for our earth civilization. Education North Carolina A&T State University, work very closely with. must be at the core of the comprehensive $41,453,835. The importance and the outstanding plan, strategy, mobilization which accom- North Carolina Central University, plishes this vital goal. Economic competi- work HBCUs do around the country is tiveness, cultural creativity, governance ge- $33,105,047. most noteworthy. In addition to edu- Saint Augustine’s College, $20,257,510. nius, freedom of outlook, the determination Shaw University, $25,273,249. cating African American students na- to pursue happiness, stubbornness in philos- Winston-Salem State University, tionwide, they provide resources for ophy and ideology, and the continuing com- $30,923,188. our communities, such as mentoring mitment to the spiritual and moral belief that we are born to serve a purpose beyond OH and tutoring programs for our youth. day-to-day individual survival; these are ob- Central State University, $23,180,576. Nationwide, HBCUs enroll 14 percent of all African American students in jectives which cannot be achieved without a Wilberforce University, $17,022,616. massive and ongoing dynamic emphasizing higher education, even though they OK education. make up just 3 percent of our Nation’s Langston University, $33,625,920. Military shock and awe can defend us from 4,000 institutions of higher education. fanatics and guarantee that we never lose a PA HBCUs have awarded master’s degrees violent war. Winning, prevailing in the effort Cheyney University of Pennsylvania, and first professional degrees to about to keep humankind moving more rapidly $18,145,471. one in every six African American men away from our savage animal roots toward a Lincoln University (PA), $20,185,526. and women, and awarded 24 percent of paradise on earth can be achieved only if we SC all baccalaureate degrees earned by Af- accept education as the heart and blood of our political and social body. Aspiring to- Allen University, $11,285,912. rican Americans nationwide. Benedict College, $26,898,694. ward such a healthy national physique must I commend Ms. JOHNSON in her ef- make use of every organ and resource we Claflin College, $21,109,208. forts on behalf of the Historically Clinton Junior College, $2,500,000. possess. The brainpower in our inner cities Denmark Technical College, $18,814,336. Black Colleges and Universities, and I and poor rural areas we can no longer allow Morris College, $19,589,202. strongly support House passage of this to be wasted. Like the small veins in the South Carolina State College, $34,425,031. bill. heart or the tiny hormone producing glands Voorhees College, $18,607,148. I also want to commend you, Mr. in the throat, Black colleges have an unseen Ranking Member and Mr. Education, but critical role to play. TN The brainpower deposited among the Fisk University, $21,687,270. for all the work that you have done to uneducated poor and minorities is the great Knoxville College, $6,060,849. help black colleges throughout the untapped human resource of America. To Knoxville College/Morristown Campus, years. I do know that we have rep- better recognize the need for this resource $2,200,000. resentatives on the Hill today, and consider the following: A generally accepted Lane College, $19,874,712. they have been so important working barometer of degrees of global competitive- Lemoyne Owens College, $17,950,926. with black colleges. I want to welcome ness is the size of a nation’s ‘‘middle class.’’ Meharry Medical School, $17,950,926. them to their Capitol. Beyond mere income, ‘‘middle class’’ should Tennessee State University, $44,357,510. Mr. BOUSTANY. Mr. Speaker, I re- be defined as the segment of society able to TX serve the balance of my time. earn a decent living for themselves and also capable of contributing something of value Huston-Tillotson College, $20,628,663. Mr. OWENS. Mr. Speaker, I yield my- Jarvis Christian College, $12,074,442. to society. Those who are not in this class self the balance of my time. would be persons lacking the capacity to Paul Quinn College, $15,753,746. Mr. Speaker, I just wanted to com- Prairie View A&M University, $38,062,884. support themselves and even in extreme Southwestern Christian College, $8,600,000. ment that I have a statement here cases becoming dysfunctional threats to so- St. Phillip’s College, $42,621,299. called ‘‘Black Colleges: Tiny But Still ciety. Of its 1.2 billion populace China is pre- Texas College, $12,617,407. Jewels in the Crown,’’ which I would dicted to have one fourth or 300 million peo- Texas Southern University, $47,668,765. like to submit also for the RECORD, ple in its middle class by the end of this dec- Wiley College, $12,716,011. which talks about the role that black ade. India will have the same number or more—and they speak English. Add the very VA colleges play in the larger need for an potent middle classes of Russia, Japan and Hampton University, $33,604,102. overall national mobilization for edu- Europe and you will see an overwhelming Norfolk State University, $44,940,874. cation. imbalance against the potential middle class St. Paul’s College, $12,022,412. I again want to thank the gentle- of the United States. These are the workers Virginia State University, $30,584,815. woman from Texas, Ms. EDDIE BERNICE who will be our well-prepared competitors in Virginia Union University, $21,436,802. JOHNSON, and the other sponsors and the global market-place. These ‘‘middle Virginia University of Lynchburg, cosponsors of this important bill, class’’ citizens will challenge our present $1,000,000. which in recognizing Historically lead in hi-tech products and services. VI Consider the following: Black Colleges and Universities will Our total population is only 300 million. To University of Virgin Islands, $18,468,085. recognize the contribution that black maintain a position of global competitive- WV colleges can make in general to higher ness our entire populace must become ‘‘mid- Bluefield State College, $25,888,689. education throughout America. dle class.’’ Japan and Ireland have achieved

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.036 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5894 CONGRESSIONAL RECORD — HOUSE July 26, 2006 this level. It is not an impossibility but a Southern University educates nearly 100 per- clear agreement for cooperation with India. massive education mobilization must be cent New Orleans residents who may not The first reading of the bill shall be dis- mounted for the U.S. to catch up. And one have received a college degree if SUNO was pensed with. All points of order against con- great untapped brainpower resource is in the sideration of the bill are waived. General de- Black community. Black colleges and uni- not open. These universities, as well as the bate shall be confined to the bill and shall versities can be the catalysts for saving and other schools in the Southern University sys- not exceed one hour equally divided and con- developing this diamond mine. tem and Grambling State University, have trolled by the chairman and ranking minor- Republican and Democratic bi-partisan been vital in producing the best and brightest ity member of the Committee on Inter- support for Black colleges over the last African-Americans in the American workforce. national Relations. After general debate the twenty years has paid off and this invest- For their work in educating African-American bill shall be considered for amendment under ment could yield far more profitable results students for over 100 years and their contin- the five-minute rule. The amendment in the nature of a substitute recommended by the if we expand it. ued need for those who may not have the op- Mr. BOUSTANY. Mr. Speaker, I yield Committee on International Relations now portunity to go to college otherwise, they cer- printed in the bill, modified by the amend- 1 minute to my friend, the gentleman tainly should be recognized. ment printed in part A of the report of the from Florida (Mr. HASTINGS). The Historically black institutions in my dis- Committee on Rules accompanying this res- Mr. HASTINGS of Florida. Mr. trict were the hardest hit of our university sys- olution, shall be considered as adopted in the Speaker, I thank my friend from Lou- tem in New Orleans after Hurricane Katrina. House and in the Committee of the Whole. isiana. I appreciate it very much. SUNO is operating out of a trailer campus and The bill, as amended, shall be considered as I just rise to thank MAJOR OWENS for the original bill for the purpose of further Dillard will reopen this spring in the Hilton amendment and shall be considered as read. his steadfastness, not only in this par- Hotel again. And all of the universities are ticular area but in the area of edu- Notwithstanding clause 11 of rule XVIII, no struggling to recruit and retain students. We further amendment to the bill, as amended, cation generally. The time is coming need the continued support of Congress to shall be in order except those printed in part when MAJOR will not shepherd any recognize the importance of these institutions B of the report of the Committee on Rules. longer any of these measures, but cer- in our community. Graduates of these univer- Each such amendment may be offered only tainly all of us are grateful to him. sities often stay in New Orleans to work as in the order printed in the report, may be of- Also, I am grateful to my classmate teachers, doctors, or nurses in underserved fered only by a Member designated in the re- and colleague for bringing this legisla- port, shall be considered as read, shall be de- communities because they want to give back batable for the time specified in the report tion to the floor. Quite frankly, Mr. to the community in which they have fostered Speaker, I can join the list. I heard equally divided and controlled by the pro- an education. We need this to continue. Fur- ponent and an opponent, shall not be subject DANNY DAVIS, my good friend from Illi- thermore, these universities are critical to the to amendment, and shall not be subject to a nois, speak of his experiences. recovery of our professional workforce in New demand for division of the question in the In 1953, I left Sanford, Florida, on a Orleans. We could not rebuild our community House or in the Committee of the Whole. All train for Nashville to attend Fisk Uni- without the support of the students who come points of order against such amendments are versity, one of the Historically Black to learn in our city or the professors who com- waived. At the conclusion of consideration of the bill for amendment the Committee shall Colleges that has been recognized. I mit to stay in our city. left there and came here to Howard rise and report the bill, as amended, to the This resolution is important to me personally House with such further amendments as may University and left there and went to because without Southern A&M College, I Florida A&M University, where I have been adopted. The previous question might not be here today. But beyond that, the shall be considered as ordered on the bill and achieved my JD degree. continued need for the opportunity that amendments thereto to final passage with- Ms. BROWN, my colleague and class- HBCU’s provide and the local need for these out intervening motion except one motion to mate, spoke momentarily about Flor- universities to be involved in the recovery of recommit with or without instructions. ida’s schools. I have taught at Florida the Gulf Coast region makes this resolution The SPEAKER pro tempore. The gen- Memorial, been a Board of Trustee even more timely and necessary and I encour- tleman from Utah (Mr. BISHOP) is rec- member at Bethune, and I am a grad- age all of my colleagues to support it. ognized for 1 hour. uate of Florida A&M University. Mr. BOUSTANY. Mr. Speaker, I yield Mr. BISHOP of Utah. Mr. Speaker, If it were not for those Historically back the balance of my time. for the purpose of debate only, I yield Black Colleges, I would not be here. The SPEAKER pro tempore. The the customary 30 minutes to the gen- That may be something that a lot of question is on the motion offered by tleman from Florida (Mr. HASTINGS), people wish didn’t happen, but it hap- the gentleman from Louisiana (Mr. pending which I yield myself such time pened, and I am proud of it, and I BOUSTANY) that the House suspend the as I may consume. During consider- thank my colleagues. rules and agree to the resolution, H. ation of this resolution, all time yield- Mr. BOUSTANY. Mr. Speaker, I yield Res. 928, as amended. ed is for the purpose of debate only. myself such time as I may consume. The question was taken; and (two- Mr. Speaker, House Resolution 947 Mr. Speaker, I want to thank all my thirds having voted in favor thereof) provides for a structured rule, with 1 colleagues on the other side of the aisle the rules were suspended and the reso- hour of general debate equally divided for the hard work that they are doing lution, as amended, was agreed to. and controlled between the chairman to ensure that all Americans have ac- A motion to reconsider was laid on and ranking minority member of the cess to education. I urge my colleagues the table. Committee on International Relations, to recognize the important contribu- and waives all points of order against tions made by Historically Black Col- f consideration of this bill, and provides leges and Universities and their grad- PROVIDING FOR CONSIDERATION for a motion to recommit with or with- uates and to vote ‘‘yes’’ on this worthy OF H.R. 5682, UNITED STATES out instructions. resolution. AND INDIA NUCLEAR COOPERA- This rule also makes in order several Mr. JEFFERSON. Mr. Speaker, I am here TION PROMOTION ACT OF 2006 amendments brought forward to the today to speak in support of establishing a Na- Rules Committee, two of which are Mr. BISHOP of Utah. Mr. Speaker, by tional Historically Black Colleges and Univer- Democrat amendments, two are Repub- direction of the Committee on Rules, I sities Week. I am not only the product of an lican, and two are bipartisan amend- call up House Resolution 947 and ask HBCU—Southern A&M College in Baton ments, so the rule is fair in allowing a for its immediate consideration. Rouge—but I represent three of these col- wide range of debate on issues that will The Clerk read the resolution, as fol- leges in my district, Xavier, Dillard and South- be affecting nuclear technology, U.S. lows: ern University in New Orleans. foreign policy and our strategic part- These universities are the leaders in Lou- H. RES. 947 nership between the world’s two larg- isiana in graduating African-Americans. Xavier Resolved, That at any time after the adop- est democracies, India and the United graduates more black pharmacists than any tion of this resolution the Speaker may, pur- States. suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, there was a time when university in the country and has a near 100 House resolved into the Committee of the percent bar passage rate. The university also Whole House on the state of the Union for I acted in a great many plays, one of sends more African-Americans than any other consideration of the bill (H.R. 5682) to ex- which was the children’s theater university to medical school. Dillard University empt from certain requirements of the ‘‘Willy Wonka and the Chocolate Fac- is nationally known for its nursing program and Atomic Energy Act of 1954 a proposed nu- tory.’’ And Willy Wonka has a song

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.025 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5895 that he sings in there called ‘‘Pure that this Congress will have acted goes to India recognizes the crucial ne- Imagination,’’ with the wonderful upon. cessity of clean energy. lyrics like ‘‘there is no life I know that Our country has much to gain by This legislation will provide produc- compares with pure imagination,’’ working cooperatively with India in ex- tions of clean energy, and can poten- which may work well for the stage or change for tighter controls than by not tially reduce further pollution on the for a children’s book after which it was engaging them on these matters at all. environment through decreasing the based but not in the reality of our part- Without this agreement, India could dependency on fossil fuels. nership between India and the United move unilaterally into a nuclear realm Civil nuclear cooperation is vital to States. without our Nation’s consent or co- the development of a clean and safe en- There we must face reality, and the operation. Since September 11, 2001, vironment for our Indian friends. As reality is India has had nuclear tech- India has demonstrated that it is an our distinguished colleague, the rank- nology for four decades, they are a nu- important partner with the United ing member of International Relations, clear power, they have been in the pos- States in combating the war on terror. Tom Lantos, said in the Rules Com- session of that technology since 1974 It is a nation of strategic and economic mittee yesterday, India is a nuclear when they conducted their first nu- interests, and it is one in which we nonproliferator. clear test, they have never signed the need to further our cooperation with India has pledged to identify and sep- nuclear nonproliferation treaty, nor do India. arate her civil and military nuclear fa- they have the international Atomic One of the most concise yet persua- cilities and programs and place the Energy Agency safeguards, and since sive concepts for us to consider as well civil portions under IAEA safeguards. I that time they have sought to increase is that by facilitating civilian nuclear would urge my colleagues who have the development of nuclear energy to energy in India through cooperative some hesitancy about this legislation support the needs of their large popu- agreements with our country, we will to pay particular attention to that par- ticular part of the legislation. lation. also have a significant influence on the This bill will bring India closer to the In June of last year, President Bush international impact of oil, of emis- international nonproliferation main- announced an agreement with Prime sions and jobs. stream. India has ensured that 65 per- Minister Singh of India on increasing This is one of those bills, unlike some cent of her current and planned power cooperation on various fronts, includ- of the others we do, that does not ex- pand the scope of government, it does reactors will come under IAEA safe- ing civilian energy production, which guards. This, in the legislation, would not impose a mandate, has congres- will hopefully ensure that India will rise to as high as 90 percent in future sional authority, and if you are watch- join with the rest of the world and with years as India constructs new reactors. us in the nonproliferation mainstream. ing or reading one of the newspapers Without this initiative, 81 percent of This underlying bill, H.R. 5682, builds passed around this Hill today was sup- India’s current power reactors and all upon those principles outlined in the ported by eight different veterans future power programs would remain President’s agreement with India and groups today. unclear. Energy power and clean air grants the President certain preroga- Mr. Speaker, H.R. 5682 is a bipartisan are necessities for the Republic of tives to waive restrictions of the Atom- bill. It enjoys a broad range of support. India, especially because the excessive ic Energy Act of 1954 to facilitate I urge the adoption of the rule and the harm of global warming that is affect- transfers of civilian nuclear technology underlying legislation. ing India and indeed the world every and materials, while specifically pre- Mr. Speaker, I reserve the balance of day. serving the right of the Congress to ul- my time. The amount of carbon dioxide emit- timately approve or disapprove those Mr. HASTINGS of Florida. Mr. ted through the combustion of fossil waivers by requiring an unamendable Speaker, I yield myself such time as I fuels, otherwise known as the carbon joint resolution of approval by Con- may consume. I thank my friend from footprint, is constantly upsetting this gress in order for any of the formal de- Utah (Mr. BISHOP) for the time. region. tailed agreements to be entered into Mr. Speaker, I rise today in strong Their need for alternative sources of force. support of the U.S.-India Nuclear Co- energy is staggering, and we must pass operation Promotion Act. As our col- b 1600 this legislation to make a change in league, Chairman HYDE, said yesterday this region possible. India, America’s In that regard, the Committee did in the House Rules Committee, this is strongest ally in the Southeast Asia re- well in protecting the rights and pre- the single most important piece of leg- gion, is on the verge of an energy cri- rogatives of Congress. The bill also in- islation that has come through the sis. India is the sixth largest energy creases congressional oversight of nu- International Relations Committee consumer in the world. clear cooperation with India by requir- this year. But in order to maintain their strong ing detailed annual reports on India’s We must do everything in our power economic growth, India’s energy con- activities. to pass it today. India, the world’s sumption will need to increase substan- Finally, the legislation requires the largest democracy, and the United tially. The facts are astounding, and ci- President, prior to requesting a waiver States, the world’s oldest democracy, vilian nuclear cooperation is the only of the Atomic Energy Act prohibitions must come together and strengthen way India’s energy can remain secure. to certify to Congress very specific their friendship. After centuries of an On a note of personal privilege, Mr. conditions that have been met by unsteady relationship, there has been Speaker, I would like to thank Sonal India, which would include: A credible dramatic improvement starting with Patel, a young woman who is interning plan for a separation of India’s civilian the Clinton administration and con- in my office this summer. She worked and military facilities, increased safe- tinuing today. hard on this issue, and she and other guards and inspection of India’s nu- This bill tells India that we believe in young Indian nationals who are intern- clear facilities, strengthened controls them, and that we want to support ing here on the Hill this summer on India’s export of nuclear tech- them just like they have consistently worked very actively, along with my nology, and an agreement that India supported us. The civilian nuclear ini- friends, Mr. CROWLEY, Mr. PALLONE and will work with the United States to- tiative will deepen the U.S.-India stra- others, to bring to the floor the legisla- wards the FMC treaty, which will also tegic partnership. The initiative re- tion dealing with the condemnation of certify that the NSG has consensus flects U.S. trust in India as a global the horrible bombing incidents that agreement on the guideline modifica- tactical partner, and indicates our ad- took place in India. tions that will be enacted. miration for India’s democratic tradi- This is a year where many of our in- Mr. Speaker, as the ranking member tions, her commitment to tolerance terns are demonstrating staff-like on the International Relations Com- and her commitment to freedom. work, and certainly, she qualifies in mittee said at the Rules Committee I, as well as many of our colleagues, that category. The facts are astound- hearing yesterday on this bill, it is per- have had the great pleasure of trav- ing, and civilian nuclear cooperation is haps the single most important bill in eling to the country of India on several the only way India’s energy can remain this area of international relations different occasions. Any person who secure.

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.067 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5896 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Mr. Speaker, I urge my colleagues to India’s commitment to cooperate The SPEAKER pro tempore (Mr. vote for the rule and the underlying with us on such major issues as the KLINE). Without objection, the gen- bill. spread of nuclear weapons material and tleman from Massachusetts (Mr. Mr. Speaker, I reserve the balance of technology to groups and countries of MCGOVERN) will control the time of the my time. concern, such as Iran, advances the gentleman from Florida (Mr. Mr. BISHOP of Utah. Mr. Speaker, I strategic security interests of us in the HASTINGS). yield 7 minutes to the gentlewoman United States. There was no objection. from Florida (Ms. ROS-LEHTINEN), the However, to reiterate, Mr. Speaker, Mr. MCGOVERN. Mr. Speaker, I yield chairwoman of the subcommittee, and this bill seeks to go beyond the status 11⁄2 minutes to the gentleman from New quo, and it builds upon existing com- one of the experts we have here in the York (Mr. CROWLEY), a member of the House on international relations. mitments and cooperation. Section 3 of International Relations Committee, Ms. ROS-LEHTINEN. Mr. Speaker, I the bill focuses our policy on securing one of the distinguished former co- thank my good friend for yielding me India’s full and active involvement in chairs of the House India Caucus. time. dissuading, isolating, and if necessary, Mr. CROWLEY. Mr. Speaker, I rise in Mr. Speaker, as an original cosponsor sanctioning and containing Iran for its strong support of the rule for the India of this legislation, as well as the co- efforts to acquire chemical, biological Nuclear Cooperation Promotion Act, chair of the Congressional Caucus on and nuclear weapons capability, and and I thank the gentleman from Massa- India and Indian Americans, I rise in the means to deliver those deadly un- chusetts for yielding me this time. strong support of House Resolution conventional weapons. 5682, the United States and India Nu- This section also establishes, as U.S. This rule provides debate for relevant clear Cooperation Promotion Act. official policy, the need to secure In- amendments to the proposed civilian I would like to thank Chairman HYDE dia’s participation in the Proliferation nuclear cooperation deal between the and Ranking Member LANTOS for their Security Initiative, including a formal United States and India. I strongly dedicated work on this important commitment to the statement of inter- support the passage of this bill, as do issue, and for their willingness to work diction principles. many former Clinton administration with me as well as other Members of It also calls for the achievement of a officials. the House International Relations moratorium by India, by Pakistan, and Former Defense Secretary Richard Committee to ensure that the bill be- by China, of fissile materials for nu- Cohen said, and I quote, ‘‘The most im- fore us today achieves that delicate clear explosives purposes. Further- portant strategic agreement that we balance between strengthening our more, Mr. Speaker, this bill ensures will have reached in recent times has democratic ally, India, and expanding that Congress can exercise its congres- been that of the United States and our bilateral strategic efforts, while sional oversight, and it outlines a num- India on this non-nuclear agreement.’’ promoting U.S. nonproliferation prior- ber of steps that the President must Former Assistant Secretary of State ities. determine and report to the Congress for South Asia Rick Inderfurth said, Given the overwhelming positive that have taken place before we con- and I quote, ‘‘It is the right call for us committee vote on this measure, I am sider the final agreement. in the world, really. This is a way to confident that we have achieved this Among other conditions, the certifi- bring India into a global nonprolifera- balance, Mr. Speaker. By providing the cation under section 4 requires that tion regime, rather than leaving it on legal foundation for full civilian nu- India provide the U.S. and the Inter- the outside.’’ national Atomic Energy Agency with a clear cooperation, this bill supports the Former Ambassador and career For- credible plan to separate its nuclear fa- strategic objectives for our global part- eign Service Officer Terestia Schaffer cilities, and that India file a declara- nership with India, and that was signed said, and I quote, ‘‘The nuclear system tion with the IAEA regarding the civil- a year ago by President Bush and will be much more robust and poten- ian sites. Prime Minister Singh. It calls for India and the Inter- tially more effective with India on the As India stands firm with the United national Atomic Energy Agency to inside than on the outside.’’ States and our efforts to confront and have concluded an agreement that sub- And today former Ambassadors to eliminate the scourge of global ter- jects these nuclear facilities to per- India Tom Pickering and Frank Wisner rorism, and to prevent the spread of petual safeguards. The President must wrote an op/ed supporting the deal, dangerous nuclear technology, this bill also certify that India is taking con- which I would like to ask unanimous seeks to reward and recognize India’s crete steps to prevent the spread of consent to have added to the RECORD. commitment, while building upon our dangerous nuclear-related technology, The SPEAKER pro tempore. Is there bilateral cooperation and strategic re- such as by enacting and enforcing com- objection to the request of the gen- lationship to address broader U.S. na- prehensive export controls and regula- tleman from New York? tional security priorities. tions that are in keeping with the There was no objection. Mr. Speaker, this is not a proposal highest regional and international that we would offer to just any nation. [From the Washington Times, July 26, 2006] standards, such as those of the Nuclear It is a venture we would only enter TRIUMPHANT INDIA POLICY Suppliers Club. with our most trusted and proven More importantly, Mr. Speaker, Con- (By Tom Pickering/Frank Wisner) democratic allies. As such, the bill we gress will be able to review and approve When the House of Representatives votes will be considering today clearly notes the final framework agreement for today on civil nuclear cooperation with that India is a special case. It outlines U.S.-India nuclear agreements. Lastly, India, President Bush, marching hand-in- hand with Congress, will be a step closer to the record of achievement that distin- H.R. 5682 calls on the U.S. Government guishes India from the pack, and that a foreign policy trophy commensurable with to provide Congress with detailed an- Nixon’s opening to China: a flourishing stra- has earned India this special treat- nual reports on implementation of this ment. tegic partnership with India. Cementing this deal and on U.S. nonproliferation pol- partnership would overcome decades of unre- Notably, I am referring to section 2 icy throughout South Asia. alistic and futile attempts to force India to of the bill, Mr. Speaker, which defines abandon its nuclear arsenal while sand- certain criteria that are crucial to the b 1615 wiched between two nuclear-armed rivals. U.S. and which India has met. Section In short, nuclear cooperation under The House International Relations Com- 2 recognizes that India is a country this proposed legislation could enhance mittee earlier voted by an overwhelming bi- that has demonstrated responsible be- not just U.S. security but actually partisan majority of 37–5 to approve the civil havior with respect to the non- international security as a whole. nuclear cooperation bill (H.R. 5682), and the proliferation of technology related to In light of the vital implications of Senate Foreign Relations Committee has ap- weapons of mass destruction programs, this legislation, Mr. Speaker, I urge my proved a companion bill by 16–2. The terms of the legislation have been scrupulously and the means to deliver them; that colleagues in joining me and voting crafted in a collaborative endeavor between India is working with the United ‘‘yes’’ on the U.S. and India Nuclear the executive and legislative branches to an- States in key foreign policy initiatives Cooperation Promotion Act. I thank swer nonproliferation concerns, among other related to nonproliferation. my good friend for the time. issues.

VerDate Aug 31 2005 02:54 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.068 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5897 Civil nuclear cooperation with India would with India will make the world safer. India’s will allow us to do this is a critical catalyze alignment of the two great democ- already commendable export control record first step in deepening this coopera- racies for the 21st century. Prospects for en- would further improve. It has not pro- tion. actment are sanguine during the 106th Con- liferated to third countries, unlike the A.Q. India, in working with the IAEA to gress. It demonstrates how much a president Khan network. Its indigenous development can accomplish in foreign and national secu- of nuclear weapons was consistent with its increase inspections of existing and fu- rity affairs if Congress gets a ticket for the international obligations and an understand- ture reactors and maintaining India’s take-off as well as for the landing, to borrow able response to the NPT’s tilt in favor of moratorium on weapons testing, and from former Sen. Arthur Vandenberg, Michi- five defined nuclear-weapons states: China, given their assurances to work with us gan Republican. Russia, the United States, Great Britain and to prevent proliferation throughout the Virtually every member of Congress under- France. And nuclear assistance to India’s ci- region, will prove to be a great example stands the centrality of India to U.S. na- vilian sector will not ‘‘free up’’ indigenous for other countries in the region to fol- tional security interests. India appreciates uranium to boost its military arsenal be- the horror of international terrorism be- low. cause India’s uranium reserves are enough This is not only just a good bill for cause it has suffered on a scale reminiscent for both programs, as Secretary of State of September 11, 2001: hundreds of casualties Condoleezza Rice has told Congress. India. It is also good for American recently in Mumbai from bombs planted on In sum, to vote for civil nuclear coopera- business. It allows us to increase en- six commuter trains; an attack on India’s tion with India is to vote on the right side of ergy trade, which really has not hap- parliament; and recurrent horrors in Kash- history, for nonproliferation, and in the U.S. pened in the past three decades with mir. supreme national interests. When India’s prime minister addressed the India. U.S. Congress last year, he vowed: ‘‘We must Mr. CROWLEY. Mr. Speaker, NPT, This is great for the environment. It fight terrorism wherever it exists, because the Nonproliferation Treaty, is some- helps us reduce carbon emissions by terrorism anywhere threatens democracy ev- thing that we all hold in great respect. some 300 million tons, more than half erywhere.’’ During a return trip to India, But I believe, as do many of my col- the total Kyoto protocols; and it is President Bush responded: ‘‘He is right. And leagues, the ‘‘T’’ needs to stand for going to reduce India’s dependence on so America and India are allies in the war tent. We need to find a way to bring foreign sources of energy such as nat- against terror.’’ India generally supports the U.S. over India into the tent of nonproliferators, ural gas, which it is heavily dependent Iran’s nuclear ambitions, peace in the Middle as she has always been a nonprolifer- upon. East, reconstruction of Afghanistan, and ating country. She has never once pro- This is a very important piece of for- spread of democracy in Nepal and elsewhere. liferated beyond her borders, unlike eign policy and energy policy. I urge The two countries are co-founders of the some of her neighbors. its passage. I urge passage of the rule Global Democracy Initiative. If you want to have a similar deal as so that we can move forward. India is a secular democracy, featuring re- has been struck between the United Mr. HASTINGS of Florida. Mr. ligious pluralism. It is a majority Hindu na- tion with a Muslim president, a Sikh prime States and India, you need to act as Speaker, I am very pleased to yield 3 minister, and a Christian leader of its largest GARY ACKERMAN says, like India. minutes to my good friend and col- political party. Its permanent interests on I urge all my colleagues to support league on the Rules Committee, the energy, free enterprise, the environment and the rule and final passage of a clean distinguished gentleman from Massa- nonproliferation, and a balance of power in bill. chusetts (Mr. MCGOVERN). Asia converge with those of the United Mr. BISHOP of Utah. Mr. Speaker, I Mr. MCGOVERN. Mr. Speaker, I States. am pleased to yield 3 minutes to the thank my friend, the gentleman from The U.S-India strategic partnership has Florida, for yielding me the time. been frustrated more than 30 years by a rigid gentleman from Louisiana (Mr. statutory prohibition on sharing civil nu- BOUSTANY). Mr. Speaker, I am not going to talk clear technology with India, whereas sharing Mr. BOUSTANY. Mr. Speaker, I rise about the underlying bill. We will do is permitted with China and other less in strong support of H.R. 5682 and the that a little later on today. But, in- friendly or responsible nations. India has felt rule for this legislation, the U.S. and stead, I want to take a couple of min- estranged and demeaned. The pending legis- India Nuclear Cooperation Promotion utes to speak about the rule and about lation would pluck the ‘‘cinder in the eye’’ of Act of 2006. what I believe is a flawed process that the U.S.-India relationship on terms emi- I want to also compliment the distin- Members of this House are forced to op- nently fair to both. India would join the international non- guished chairman of the House Inter- erate within. proliferation framework. It would place all national Relations Committee, Mr. It is easy in this Congress to get as of its civilian reactors under International HYDE, and ranking member, Mr. LAN- much time as you want to debate triv- Atomic Energy Agency (IAEA) inspections TOS, for their leadership in bringing ial issues. We spend hours and hours to prevent diversion of nuclear assistance to forward this important implementing honoring sports teams, we name post military use. It would upgrade its export legislation. offices, we do all kinds of things like controls on missile and nuclear technology I also want to commend the adminis- that. But when it comes to serious to the standards of the Missile Technology Control Regime and the Nuclear Suppliers tration for recognizing that we can issues, all of a sudden there never Group. It would continue its moratorium on learn from our mistakes, a mistake seems to be the time. nuclear testing, and negotiate in tandem whereby we have failed in the past to There were a number of amendments with the United States a multilateral Fissile link our foreign policy with our energy that were proposed in the Rules Com- Material Cut-Off Treaty. policy, and this is a very good first step mittee last night. Some of them were The legislation has elicited the enthusi- to correcting such mistakes. not made in order, and I regret the fact astic support of two directors general of the This is a very far-reaching agreement that those amendments were not made IAEA, the G–8, and Great Britain, France and Russia. IAEA Director General and whereby the world’s oldest democracy in order. But a number of those that Nobel Prize winner Mohamed ElBaradei has will join with the world’s largest de- were made in order have been limited effused: ‘‘The agreement . . . would bring mocracy to work together on foreign to 10 minutes, 10 minutes, to talk India closer as an important partner in the policy and energy policy. This is a about issues dealing with nuclear pro- nonproliferation regime. It would be a mile- model for the future where we can liferation and arms control, 10 minutes stone, timely for ongoing efforts to consoli- work on energy, cooperative agree- to talk about issues that impact U.S. date the nonproliferation regime, combat ments, and also fit within our strategic treaty obligations, 10 minutes to talk nuclear terrorism and strengthen nuclear safety.’’ framework. about how we prevent this world from Contrary to detractors, the prospective India for the past 32 years has been a being extinguished in one terrible nu- U.S.-India civil nuclear cooperation has not nonproliferator, and we should reward clear flash. diminished international opposition to the India for that historic effort. In recent That is what the leadership of this nuclear adventurism of Iran or North Korea. years, India has certainly been a criti- House thinks about issues of arms con- It has not provoked any nation to consider cally important ally in the global war trol and nuclear nonproliferation, 10 withdrawal from the Nuclear Nonprolifera- on terror. It has proven to be a reliable minutes; 5 minutes pro, 5 minutes tion Treaty, because the legislation har- and secure state when it comes to non- monizes with its terms and objectives. It has against. not ignited an arms race in South Asia. proliferation. We need to build on this My colleagues, Congressman BERMAN By any sensible nonproliferation measure, relationship and this new-found trust, and Congresswoman TAUSCHER, have an the legislation for civil nuclear cooperation and this implementing legislation that amendment that restricts exports of

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.029 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5898 CONGRESSIONAL RECORD — HOUSE July 26, 2006 nuclear reactor fuel to India until the selves and allows nonweapons states to work in constructing a bill that both President determines that India has receive civilian nuclear technology the administration and the House halted the production of fissile mate- only in exchange for their refusal to could support. Their version will set rial for the use in nuclear weapons. It produce nuclear weapons. Yet this deal, the process by which Congress will in is a serious issue. Regardless of wheth- in this deal the U.S. will provide India the future review and vote on the final er you believe it should be part of this with civilian nuclear technology even framework agreement to implement underlying bill or not, it is an issue though India is not a signatory to the the nuclear cooperation deal. that deserves debate and that the more NPT, is known to possess nuclear Based on their shared values of diver- debate that it gets on the floor the weapons and has no intention of lim- sity, democracy and prosperity, the more of an indication we are going to iting its nuclear weapons cache or pro- United States and India have a natural send to our negotiators and to the Gov- duction capability. connection. Recently, we fostered a ernment of India that these issues are Moreover, since the U.S. will supply transformed relationship that is cen- important to those of us in this Con- India with uranium fuel, India will be tral to the future success of the inter- gress. able to use more of its own limited ura- national community; and this impor- Congressman MARKEY and Congress- nium reserves to produce nuclear weap- tant legislation would solidify this re- man UPTON had an amendment that es- ons. It is estimated India will be able lationship. sentially would require the President to produce dozens more nuclear weap- Mr. BISHOP of Utah. Mr. Speaker, I to determine that the U.S. has received ons per year under this deal. reserve the balance of my time. India’s support in preventing Iran from We are going in the wrong direction Mr. HASTINGS of Florida. Mr. acquiring weapons of mass destruction here. At this time of great crisis in the Speaker, I am going to yield myself before the U.S. engages in nuclear co- world, we should be looking towards such time as I may consume; and I am operation with India. nuclear disarmament, nuclear aboli- going to take just a small amount of The President and Members of this tion, saving the world, not ramping up time hoping that colleagues who have Congress take to this well constantly for Armageddon by nuclear prolifera- demonstrated an interest would have to talk about how we are concerned tion. time to get to the floor. about Iran possibly acquiring weapons Mr. BISHOP of Utah. Mr. Speaker, on Mr. Speaker, one of the things that of mass destruction. This seems like a the rule for the bill that was passed out has not been mentioned by anyone that reasonable amendment. It was not by a bipartisan vote of 37–5, I reserve I believe that this legislation will as- made in order, so now we are forced to my time. sist in is providing safe reactors. use it as a motion to recommit. We get Mr. HASTINGS of Florida. Mr. I had the misfortune and at the same 10 minutes to debate that, 5 minutes in Speaker, I am very pleased at this time time distinguished privilege to serve as favor, 5 minutes against. to yield to my good friend from New the lead election monitor of the elec- We need to get our priorities straight Jersey, the distinguished gentleman, tions in Belarus, and while there I had in this House. We give resolutions hon- Mr. PALLONE, 1 minute. an opportunity to see the horrible ef- oring sports teams 40 minutes, 40 min- Mr. PALLONE. Mr. Speaker, I rise in fects of a nuclear disaster. Some folks utes; and we can only give 10 minutes support of the rule and in support of who remember Chernobyl think of it as to deal with amendments that are deal- the bill. Ukrainian and Russian in terms of the ing with issues of whether or not we India has been a strong U.S. ally and damage that was done, but the down- are going to see this arms race pro- should be viewed as a credible and wor- wind aspects of that disaster fell on liferate throughout this world? We thy nation of our help and support. Belarusians, and it was devastating, need to get our priorities straight. India is ready to accept all the respon- and the effects of that are still show- For that reason, Mr. Speaker, I am sibilities of the world’s leading states ing. going to vote against this rule. Regard- with respect to advanced nuclear tech- b 1630 less of how you want to vote on the nology. final passage of this bill, we should de- India has no record of proliferating We have had, with the exception of mand, all of us, Republicans and Demo- dual-use nuclear technology to other the Three Mile Island incident in Penn- crats, that serious issues that get de- countries. It understands the danger of sylvania, extremely safe nuclear reac- bated, get debated with enough time on the proliferation of weapons of mass tors in the United States, and our tech- this floor, at least as much as we give destruction and has agreed to key nology, indeed, some of technology in to these trivial issues like honoring international nonproliferation require- the world, may very well provide for sports teams. ments. India has committed to sepa- even safer reactors. Thus, bringing Mr. BISHOP of Utah. Mr. Speaker, I rate its military and peaceful programs India under the aegis of the IAEA can reserve my time. and adhere to international nuclear only assist in providing safe reactors. Mr. HASTINGS of Florida. Mr. and missile control restrictions. It is Additionally, as we well know, Indian Speaker, I am very pleased to yield 21⁄2 actively working with the Nuclear Sup- scientists are extremely resourceful. minutes to my good friend, the distin- pliers Group and the International The residual from nuclear technology guished gentleman from Ohio (Mr. Atomic Energy Agency to place all of has produced the waste that the world KUCINICH) and former mayor of Cleve- its nuclear facilities under inter- needs to determine how best to handle. land. national safeguards. I believe, without knowing, nor do I Mr. KUCINICH. I rise in opposition to This nuclear agreement strengthens think this legislation standing alone the rule and the underlying bill. This energy security for the U.S. and India will cause that to occur, but I believe proposal would threaten global secu- and promotes the development of sta- that Indian scientists, working with rity and unilaterally modify the Nu- ble and efficient energy markets in others throughout the world, may very clear Nonproliferation Treaty. India. Development and expansion of well assist in developing the tech- This administration has pursued con- U.S.-India civil nuclear cooperation nology that will handle the nuclear tradictory policies with respect to the should over time lessen India’s depend- waste that is such a tremendous prob- NPT, both misusing and disregarding ence on imported hydrocarbons, includ- lem, not only for this country, but in- the NPT to suit its stumbling inter- ing those from Iran. deed the world. ests. Regarding Iran, for example, the Today, the world’s two largest de- So there are other benefits that may administration cited Iran for minor mocracies have established a remark- be derived from this legislation, in ad- breaches of the NPT and are trying to able strategic partnership. A civil nu- dition to civilian pursuits that will rally support based on that for a mili- clear cooperation would be a great ac- help to reduce the carbon footprint. tary attack. At the same time, the ad- complishment. Its implementation is Mr. Speaker, I did take enough time ministration itself undermines the important for national security and for to let one of my colleagues arrive, and NPT by this proposal which would help U.S.-India relations. I urge my col- that said, I am very pleased to yield 2 develop nuclear weapons. leagues to vote an ‘‘aye’’ on this bill. minutes to my classmate and good The NPT requires that nuclear weap- I want to commend the chairman and friend, the gentlewoman from Cali- ons states keep their weapons to them- the ranking member for their hard fornia (Ms. WOOLSEY).

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.071 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5899 Ms. WOOLSEY. Mr. Speaker, there The question was taken; and the Diaz-Balart, M. Kelly Paul Dicks Kennedy (MN) Payne seems to be something missing from Speaker pro tempore announced that Dingell Kennedy (RI) Pearce the debate today. It is like the ele- the ayes appeared to have it. Doggett Kildee Pelosi phant in the room, no one wants to Mr. BISHOP of Utah. Mr. Speaker, on Doolittle Kilpatrick (MI) Pence talk about it. Whatever happens to the that I demand the yeas and nays. Doyle Kind Peterson (MN) Drake King (IA) Peterson (PA) United States’ own commitment to The yeas and nays were ordered. Dreier King (NY) Petri nonproliferation? The SPEAKER pro tempore. Pursu- Duncan Kingston Pickering Yesterday, I went before the Rules ant to clause 8 of rule XX, further pro- Edwards Kirk Pitts Committee, and I had an amendment ceedings on this question will be post- Ehlers Kline Platts Emanuel Knollenberg Poe that was quite simple. It stated that poned. Emerson Kolbe Pombo until the President has implemented f Engel Kucinich Pomeroy and observed all of our NPT obligations English (PA) Kuhl (NY) Porter and revised its own policies relating to ANNOUNCEMENT BY THE SPEAKER Eshoo LaHood Price (GA) Etheridge Langevin Price (NC) them, no item may be transferred to PRO TEMPORE Everett Lantos Pryce (OH) India, including exports of nuclear and The SPEAKER pro tempore. Pursu- Farr Larsen (WA) Putnam nuclear-related material, equipment or ant to clause 8 of rule XX, proceedings Fattah Larson (CT) Radanovich technology. Unfortunately, my amend- Feeney Latham Rahall will resume on questions previously Ferguson LaTourette Ramstad ment was not included in this restric- postponed. Filner Leach Rangel tive rule. Votes will be taken in the following Fitzpatrick (PA) Lee Regula Flake Levin Rehberg As many of my colleagues have stat- order: Suspending the rules on H.R. ed, this objection is not about the deal Foley Lewis (CA) Reichert 5337, by the yeas and nays; suspending Forbes Lewis (KY) Renzi or our alliance with India. This is the rules on H.R. 5319, by the yeas and Ford Linder Reyes about how the Bush administration has nays; agreeing to H. Res. 947, by the Fortenberry Lipinski Reynolds made a mockery of the NPT and en- Fossella LoBiondo Rogers (AL) yeas and nays. Foxx Lofgren, Zoe Rogers (KY) couraged other countries to go around The first electronic vote will be con- Frank (MA) Lowey Rogers (MI) the treaty. Basically, the bill says that ducted as a 15-minute vote. Remaining Franks (AZ) Lucas Rohrabacher if a country ignores the NPT, the electronic votes will be conducted as 5- Frelinghuysen Lungren, Daniel Ros-Lehtinen United States will cut a deal down the Gallegly E. Ross minute votes. Garrett (NJ) Lynch Rothman road. Gerlach Mack Roybal-Allard If anything, the U.S. is contributing f Gibbons Maloney Royce to global nuclear proliferation with NATIONAL SECURITY FOREIGN IN- Gilchrest Manzullo Ruppersberger this agreement. Gillmor Marchant Rush VESTMENT REFORM AND Gingrey Markey Ryan (OH) Vote against the rule because in a STRENGTHENED TRANSPARENCY Gohmert Marshall Ryan (WI) world that is becoming more, not less, ACT OF 2006 Gonzalez Matheson Ryun (KS) violent by the day we must face the Goode Matsui Sabo facts. Until the United States lives up The SPEAKER pro tempore. The Goodlatte McCarthy Salazar pending business is the question of sus- Gordon McCaul (TX) Sa´ nchez, Linda to its nonproliferation obligations, how Granger McCollum (MN) T. can we possibly ask others to do so? pending the rules and passing the bill, Graves McCotter Sanchez, Loretta Today, I will vote against this mis- H.R. 5337, as amended. Green (WI) McCrery Sanders guided bill. I will vote against the rule. The Clerk read the title of the bill. Green, Al McDermott Saxton The SPEAKER pro tempore. The Green, Gene McGovern Schakowsky I urge my colleagues to do the same. Grijalva McHenry Schiff Mr. BISHOP of Utah. Mr. Speaker, I question is on the motion offered by Gutierrez McHugh Schmidt yield myself such time as I may con- the gentleman from Ohio (Mr. OXLEY) Gutknecht McIntyre Schwartz (PA) that the House suspend the rules and Hall McKeon Schwarz (MI) sume. Harman McMorris Scott (GA) Just to illustrate what the Rules pass the bill, H.R. 5337, as amended, on Harris McNulty Scott (VA) Committee actually did do, there were which the yeas and nays are ordered. Hart Meehan Sensenbrenner 10 amendments that were proposed to The vote was taken by electronic de- Hastings (FL) Meek (FL) Serrano vice, and there were—yeas 424, nays 0, Hastings (WA) Meeks (NY) Sessions the Rules Committee, one withdrawn, Hayes Melancon Shadegg two not germane. The one recently re- not voting 8, as follows: Hayworth Mica Shaw ferred to was ruled not germane be- [Roll No. 404] Hefley Michaud Shays Hensarling Millender- Sherman cause it referred to all NPTs, not spe- YEAS—424 Herger McDonald Sherwood cifically this particular one. Of the Abercrombie Bonilla Castle Herseth Miller (FL) Shimkus seven that were remaining, six were ac- Ackerman Bonner Chabot Higgins Miller (MI) Shuster tually made in order. Aderholt Bono Chandler Hinchey Miller (NC) Simmons Akin Boozman Chocola Hinojosa Miller, Gary Simpson Mr. Speaker, I reserve the balance of Alexander Boren Clay Hobson Miller, George Skelton my time. Allen Boswell Cleaver Hoekstra Mollohan Slaughter Mr. HASTINGS of Florida. Mr. Andrews Boucher Clyburn Holden Moore (KS) Smith (NJ) Speaker, without further closing, in Baca Boustany Coble Holt Moore (WI) Smith (TX) Bachus Boyd Cole (OK) Honda Moran (KS) Smith (WA) light of the fact that I have already, I Baird Bradley (NH) Conaway Hooley Moran (VA) Snyder yield back the balance of our time. Baker Brady (PA) Conyers Hostettler Murphy Sodrel Mr. BISHOP of Utah. Mr. Speaker, I Baldwin Brady (TX) Cooper Hoyer Murtha Solis Barrett (SC) Brown (OH) Costa Hulshof Musgrave Souder appreciate my good friend, the gen- Barrow Brown (SC) Costello Hunter Myrick Spratt tleman from Florida (Mr. HASTINGS), Bartlett (MD) Brown, Corrine Cramer Hyde Nadler Stark and his presentation. I am very proud Barton (TX) Brown-Waite, Crenshaw Inglis (SC) Napolitano Stearns that I was able to go through this en- Bass Ginny Crowley Inslee Neal (MA) Strickland Bean Burgess Cubin Israel Neugebauer Stupak tire discussion and I hope to say ‘‘nu- Beauprez Burton (IN) Cuellar Issa Ney Sullivan clear’’ correctly. It was the biggest fear Becerra Butterfield Culberson Jackson (IL) Northup Sweeney I had. Berkley Buyer Cummings Jackson-Lee Norwood Tancredo I support the rule; I urge all those to Berman Calvert Davis (AL) (TX) Nunes Tanner Berry Camp (MI) Davis (CA) Jefferson Nussle Tauscher support this rule and the consideration Biggert Campbell (CA) Davis (FL) Jenkins Oberstar Taylor (MS) for H.R. 5682. Bilbray Cannon Davis (IL) Jindal Obey Taylor (NC) Mr. Speaker, I yield back my time Bilirakis Cantor Davis (KY) Johnson (CT) Olver Terry Bishop (GA) Capps Davis (TN) Johnson (IL) Ortiz Thomas and I move the previous question on Bishop (NY) Capuano Davis, Tom Johnson, E. B. Osborne Thompson (CA) the resolution. Bishop (UT) Cardin DeFazio Johnson, Sam Otter Thompson (MS) The previous question was ordered. Blackburn Cardoza DeGette Jones (NC) Owens Thornberry The SPEAKER pro tempore (Mr. Blumenauer Carnahan Delahunt Jones (OH) Oxley Tiahrt Blunt Carson DeLauro Kanjorski Pallone Tiberi KLINE). The question is on the resolu- Boehlert Carter Dent Kaptur Pascrell Tierney tion. Boehner Case Diaz-Balart, L. Keller Pastor Towns

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.073 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5900 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Turner Wasserman Whitfield Etheridge Larson (CT) Ramstad Wilson (SC) Wu Young (AK) Udall (CO) Schultz Wicker Everett Latham Rangel Wolf Wynn Young (FL) Udall (NM) Waters Wilson (NM) Farr LaTourette Regula NAYS—15 Upton Watson Wilson (SC) Fattah Leach Rehberg Van Hollen Watt Wolf Feeney Levin Reichert Conyers Lee Scott (VA) Vela´ zquez Waxman Woolsey Ferguson Lewis (CA) Renzi Grijalva Lofgren, Zoe Serrano Visclosky Weiner Wu Filner Lewis (GA) Reyes Hinchey McDermott Stark Walden (OR) Weldon (FL) Wynn Fitzpatrick (PA) Lewis (KY) Reynolds Honda Payne Watson Weldon (PA) Walsh Young (AK) Flake Linder Rogers (AL) Kucinich Schakowsky Woolsey Weller Foley Lipinski Rogers (KY) Wamp Young (FL) NOT VOTING—7 Westmoreland Forbes LoBiondo Rogers (MI) NOT VOTING—8 Ford Lowey Rohrabacher Capito Evans Wexler Fortenberry Lucas Ros-Lehtinen Davis, Jo Ann Istook Capito Evans McKinney Fossella Lungren, Daniel Ross Deal (GA) McKinney Davis, Jo Ann Istook Wexler Foxx E. Rothman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Deal (GA) Lewis (GA) Frank (MA) Lynch Roybal-Allard Franks (AZ) Mack The SPEAKER pro tempore (during 1704 Royce b Frelinghuysen Maloney Ruppersberger the vote). Members are advised that Mr. FRANKS of Arizona changed his Gallegly Manzullo Rush there are 2 minutes remaining in this Garrett (NJ) Marchant Ryan (OH) vote from ‘‘nay’’ to ‘‘yea.’’ Gerlach Markey Ryan (WI) vote. So (two-thirds of those voting having Gibbons Marshall Ryun (KS) responded in the affirmative) the rules Gilchrest Matheson Sabo b 1715 were suspended and the bill, as amend- Gillmor Matsui Salazar Gingrey McCarthy Sa´ nchez, Linda Mr. PAYNE changed his vote from ed, was passed. Gohmert McCaul (TX) T. ‘‘yea’’ to ‘‘nay.’’ The result of the vote was announced Gonzalez McCollum (MN) Sanchez, Loretta Mr. WAXMAN changed his vote from as above recorded. Goode McCotter Sanders ‘‘nay’’ to ‘‘yea.’’ A motion to reconsider was laid on Goodlatte McCrery Saxton Gordon McGovern Schiff So (two-thirds of those voting having the table. Granger McHenry Schmidt responded in the affirmative) the rules f Graves McHugh Schwartz (PA) were suspended and the bill, as amend- Green (WI) McIntyre Schwarz (MI) ed, was passed. Green, Al McKeon DELETING ONLINE PREDATORS Scott (GA) The result of the vote was announced ACT OF 2006 Green, Gene McMorris Sensenbrenner Gutierrez McNulty Sessions as above recorded. The SPEAKER pro tempore. The Gutknecht Meehan Shadegg A motion to reconsider was laid on pending business is the question of sus- Hall Meek (FL) Shaw the table. Harman Meeks (NY) Shays pending the rules and passing the bill, Harris Melancon Sherman f H.R. 5319, as amended. Hart Mica Sherwood Hastings (FL) Michaud The Clerk read the title of the bill. Shimkus PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. The Hastings (WA) Millender- Shuster Hayes McDonald Simmons OF H.R. 5682, UNITED STATES question is on the motion offered by Hayworth Miller (FL) Simpson AND INDIA NUCLEAR COOPERA- the gentleman from Michigan (Mr. Hefley Miller (MI) Skelton TION PROMOTION ACT OF 2006 UPTON) that the House suspend the Hensarling Miller (NC) Slaughter Herger Miller, Gary rules and pass the bill, H.R. 5319, as Smith (NJ) The SPEAKER pro tempore. The Herseth Miller, George Smith (TX) pending business is the vote on adop- amended, on which the yeas and nays Higgins Mollohan Smith (WA) tion of H. Res. 947, on which the yeas are ordered. Hinojosa Moore (KS) Snyder This will be a 5-minute vote. Hobson Moore (WI) Sodrel and nays were ordered. Hoekstra Moran (KS) The vote was taken by electronic de- Solis The Clerk read the title of the resolu- Holden Moran (VA) Souder Murphy tion. vice, and there were—yeas 410, nays 15, Holt Spratt Hooley Murtha The SPEAKER pro tempore. The not voting 7, as follows: Stearns Hostettler Musgrave Strickland question is on the resolution. [Roll No. 405] Hoyer Myrick Stupak This will be a 5-minute vote. Hulshof Nadler YEAS—410 Sullivan Hunter Napolitano The vote was taken by electronic de- Abercrombie Boswell Cooper Sweeney Hyde Neal (MA) vice, and there were—yeas 311, nays Ackerman Boucher Costa Tancredo Inglis (SC) Neugebauer Aderholt Boustany Costello Tanner 112, not voting 9, as follows: Inslee Ney Akin Boyd Cramer Tauscher Israel Northup [Roll No. 406] Alexander Bradley (NH) Crenshaw Taylor (MS) Issa Norwood YEAS—311 Allen Brady (PA) Crowley Taylor (NC) Jackson (IL) Nunes Andrews Brady (TX) Cubin Terry Ackerman Brady (TX) Davis (AL) Jackson-Lee Nussle Baca Brown (OH) Cuellar Aderholt Brown (OH) Davis (CA) (TX) Oberstar Thomas Bachus Brown (SC) Culberson Thompson (CA) Akin Brown (SC) Davis (FL) Baird Brown, Corrine Cummings Jefferson Obey Alexander Brown-Waite, Davis (IL) Jenkins Olver Thompson (MS) Baker Brown-Waite, Davis (AL) Thornberry Baca Ginny Davis (KY) Baldwin Ginny Davis (CA) Jindal Ortiz Bachus Burgess Davis (TN) Johnson (CT) Osborne Tiahrt Barrett (SC) Burgess Davis (FL) Tiberi Baker Burton (IN) Davis, Tom Barrow Burton (IN) Davis (IL) Johnson (IL) Otter Barrett (SC) Butterfield DeLauro Johnson, E. B. Owens Tierney Bartlett (MD) Butterfield Davis (KY) Towns Bartlett (MD) Buyer Dent Barton (TX) Buyer Davis (TN) Johnson, Sam Oxley Barton (TX) Calvert Diaz-Balart, L. Jones (NC) Pallone Turner Bass Calvert Davis, Tom Udall (CO) Bass Camp (MI) Diaz-Balart, M. Bean Camp (MI) DeFazio Jones (OH) Pascrell Bean Campbell (CA) Dicks Udall (NM) Beauprez Campbell (CA) DeGette Kanjorski Pastor Beauprez Cannon Doolittle Upton Becerra Cannon Delahunt Kaptur Paul Berkley Cantor Drake Van Hollen Berkley Cantor DeLauro Keller Pearce Biggert Cardoza Dreier Vela´ zquez Berman Capps Dent Kelly Pelosi Bilbray Carnahan Duncan Visclosky Berry Capuano Diaz-Balart, L. Kennedy (MN) Pence Bilirakis Carson Edwards Biggert Cardin Diaz-Balart, M. Kennedy (RI) Peterson (MN) Walden (OR) Bishop (NY) Carter Ehlers Bilbray Cardoza Dicks Kildee Peterson (PA) Walsh Bishop (UT) Castle Emanuel Bilirakis Carnahan Dingell Kilpatrick (MI) Petri Wamp Blackburn Chabot Emerson Bishop (GA) Carson Doggett Kind Pickering Wasserman Blunt Chandler Engel Bishop (NY) Carter Doolittle King (IA) Pitts Schultz Boehlert Chocola English (PA) Bishop (UT) Case Doyle King (NY) Platts Waters Boehner Clay Eshoo Blackburn Castle Drake Kingston Poe Watt Bonilla Coble Everett Blumenauer Chabot Dreier Kirk Pombo Waxman Bonner Cole (OK) Feeney Blunt Chandler Duncan Kline Pomeroy Weiner Bono Conaway Ferguson Boehlert Chocola Edwards Knollenberg Porter Weldon (FL) Boozman Costa Filner Boehner Clay Ehlers Kolbe Price (GA) Weldon (PA) Boren Cramer Fitzpatrick (PA) Bonilla Cleaver Emanuel Kuhl (NY) Price (NC) Weller Boswell Crenshaw Flake Bonner Clyburn Emerson LaHood Pryce (OH) Westmoreland Boucher Crowley Foley Bono Coble Engel Langevin Putnam Whitfield Boustany Cubin Forbes Boozman Cole (OK) English (PA) Lantos Radanovich Wicker Boyd Cuellar Fortenberry Boren Conaway Eshoo Larsen (WA) Rahall Wilson (NM) Bradley (NH) Culberson Fossella

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.028 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5901 Foxx Latham Regula Pastor Serrano Towns with amounts made available under sub- Franks (AZ) LaTourette Rehberg Payne Skelton Udall (CO) section (a) may be in the form of cash, mate- Frelinghuysen Leach Reichert Peterson (MN) Slaughter Udall (NM) rials, or in-kind services, the value of which Price (NC) Snyder Upton Gallegly Levin Renzi shall be determined by the Secretary. Garrett (NJ) Lewis (CA) Reyes Rahall Solis Van Hollen Gerlach Lewis (GA) Reynolds Rothman Spratt Vela´ zquez ‘‘(c) TERMINATION OF AUTHORITY.—The au- Gibbons Lewis (KY) Rogers (AL) Ryan (OH) Stark Watson thorities provided to the Secretary under Gilchrest Linder Rogers (KY) Sabo Stupak Watt this Act shall terminate on September 30, Gillmor LoBiondo Rogers (MI) Sa´ nchez, Linda Tauscher Waxman 2007.’’. Gingrey Lucas Rohrabacher T. Taylor (MS) Weiner (b) STRATEGIC PLAN.— Sanchez, Loretta Thompson (CA) Woolsey Gohmert Lungren, Daniel Ros-Lehtinen (1) IN GENERAL.—Not later than 3 years Sanders Thompson (MS) Wu Gonzalez E. Ross after the date on which funds are made avail- Goode Mack Roybal-Allard Schwartz (PA) Tierney Wynn Goodlatte Maloney Royce able, the Secretary of the Interior shall pre- Gordon Manzullo Ruppersberger NOT VOTING—9 pare a strategic plan for the New Jersey Granger Marchant Rush Capito Evans McKinney Coastal Heritage Trail Route. Graves Marshall Ryan (WI) Davis, Jo Ann Green, Gene Saxton (2) CONTENTS.—The strategic plan shall de- Green (WI) Matheson Ryun (KS) Deal (GA) Istook Wexler scribe— Gutierrez McCarthy Salazar (A) opportunities to increase participation Gutknecht McCaul (TX) Schakowsky b 1723 by national and local private and public in- Hall McCollum (MN) Schiff Harris McCotter Schmidt Mrs. MALONEY and Ms. terests in the planning, development, and ad- Hart McCrery Schwarz (MI) SCHAKOWSKY changed their vote ministration of the New Jersey Coastal Her- Hastings (WA) McHenry Scott (GA) from ‘‘nay’’ to ‘‘yea.’’ itage Trail Route; and Hayes McHugh Scott (VA) So the resolution was agreed to. (B) organizational options for sustaining Hayworth McIntyre Sensenbrenner the New Jersey Coastal Heritage Trail Hefley McKeon Sessions The result of the vote was announced Route. Hensarling McMorris Shadegg as above recorded. Herger Meek (FL) Shaw A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Herseth Meeks (NY) Shays ant to the rule, the gentleman from Higgins Melancon Sherman the table. New Mexico (Mr. PEARCE) and the gen- Hinojosa Mica Sherwood Stated for: tleman from New Jersey (Mr. PALLONE) Hobson Miller (FL) Shimkus Mr. GENE GREEN of Texas. Mr. Speaker, Hoekstra Miller (MI) Shuster each will control 20 minutes. on rollcall No. 406, had I been present, I Holden Miller, Gary Simmons The Chair recognizes the gentleman Hooley Moore (KS) Simpson would have voted ‘‘yea.’’ from New Mexico. Hostettler Moran (KS) Smith (NJ) Mrs. JONES of Ohio. Mr. Speaker, on roll- Mr. PEARCE. Mr. Speaker, this con- Hoyer Moran (VA) Smith (TX) call No. 406, had I been present, I would have Hulshof Murphy Smith (WA) current resolution directs the Clerk of voted ‘‘yea.’’ Hunter Murtha Sodrel the Senate to make a simple enroll- Hyde Musgrave Souder f Inglis (SC) Myrick Stearns ment correction to S. 203, passed by the Inslee Neugebauer Strickland CORRECTING THE ENROLLMENT House of Representatives on Monday Israel Ney Sullivan OF S. 203 by an overwhelming vote of 323–39. Issa Northup Sweeney I urge adoption of the resolution. Jackson (IL) Norwood Tancredo Mr. PEARCE. Mr. Speaker, I move to Jackson-Lee Nunes Tanner Mr. Speaker, I yield back the balance (TX) Nussle Taylor (NC) suspend the rules and agree to the con- of my time. Jenkins Ortiz Terry current resolution (H. Con. Res. 456) Mr. PALLONE. Mr. Speaker, I yield Jindal Osborne Thomas providing for a correction to the enroll- Johnson (CT) Otter Thornberry myself such time as I may consume. Johnson (IL) Oxley Tiahrt ment of the bill, S. 203. (Mr. PALLONE asked and was given Johnson, Sam Pallone Tiberi The Clerk read as follows: permission to revise and extend his re- Jones (NC) Paul Turner H. CON. RES. 456 Jones (OH) Pearce Visclosky marks.) Keller Pelosi Walden (OR) Resolved by the House of Representatives (the Mr. PALLONE. Mr. Speaker, the ma- Kelly Pence Walsh Senate concurring), That in the enrollment of jority has already explained the pur- Kennedy (MN) Peterson (PA) Wamp the bill, S. 203, the Secretary of the Senate pose of H. Con. Res. 456, which would Kildee Petri Wasserman shall make the following correction: After correct an inadvertent error in the Kilpatrick (MI) Pickering Schultz section 702 insert the following new section Kind Pitts Waters (and amend the table of contents accord- House-passed version of S. 203 involv- King (IA) Platts Weldon (FL) ing the New Jersey Coastal Heritage King (NY) Poe Weldon (PA) ingly): Kingston Pombo Weller SEC. 703. NEW JERSEY COASTAL HERITAGE Trail Route. Kirk Pomeroy Westmoreland TRAIL ROUTE. Correcting this error would ensure Kline Porter Whitfield (a) AUTHORIZATION OF APPROPRIATIONS.— the proper inclusion of language from Knollenberg Price (GA) Wicker Public Law 100–515 (16 U.S.C. 1244 note) is H.R. 472, introduced by my colleague Kolbe Pryce (OH) Wilson (NM) amended by striking section 6 and inserting Kuhl (NY) Putnam Wilson (SC) from New Jersey, Mr. LOBIONDO. I was LaHood Radanovich Wolf the following: proud to join the rest of the New Jer- Lantos Ramstad Young (AK) ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. sey congressional delegation in being Larsen (WA) Rangel Young (FL) ‘‘(a) IN GENERAL.—There are authorized to an original cosponsor of this bill, which be appropriated to the Secretary such sums would reauthorize appropriations for NAYS—112 as are necessary to carry out this Act. Abercrombie Delahunt Lipinski ‘‘(b) USE OF FUNDS.— the route and requires the Secretary of Allen Dingell Lofgren, Zoe ‘‘(1) IN GENERAL.—Amounts made available the Interior to develop a strategic plan. Andrews Doggett Lowey under subsection (a) shall be used only for— The Coastal Heritage Trail extends Baird Doyle Lynch ‘‘(A) technical assistance; and for nearly 300 miles from Perth Amboy Baldwin Etheridge Markey Barrow Farr Matsui ‘‘(B) the design and fabrication of interpre- south to Cape May, then along the Becerra Fattah McDermott tative materials, devices, and signs. Delaware Bay to the Delaware Memo- Berman Ford McGovern ‘‘(2) LIMITATIONS.—No funds made available rial Bridge. It is a partnership between Berry Frank (MA) McNulty under subsection (a) shall be used for— the National Park Service and the Bishop (GA) Green, Al Meehan ‘‘(A) operation, repair, or construction Blumenauer Grijalva Michaud costs, except for the costs of constructing in- State of New Jersey, with the help of Brady (PA) Harman Millender- terpretative exhibits; or other organizations working to pre- Brown, Corrine Hastings (FL) McDonald serve the natural and cultural heritage Capps Hinchey Miller (NC) ‘‘(B) operation, maintenance, or repair Capuano Holt Miller, George costs for any road or related structure. of the New Jersey coastline. Cardin Honda Mollohan ‘‘(3) COST-SHARING REQUIREMENT.— The Coastal Heritage Trail program Case Jefferson Moore (WI) ‘‘(A) FEDERAL SHARE.—The Federal share has done a great deal to help New Jer- Cleaver Johnson, E. B. Nadler of any project carried out with amounts Clyburn Kanjorski Napolitano sey residents and tourists better under- made available under subsection (a)— stand the Shore area, and it is critical Conyers Kaptur Neal (MA) ‘‘(i) may not exceed 50 percent of the total Cooper Kennedy (RI) Oberstar project costs; and that it be reauthorized. Costello Kucinich Obey Mr. Speaker, we support H. Con. Res. Cummings Langevin Olver ‘‘(ii) shall be provided on a matching basis. DeFazio Larson (CT) Owens ‘‘(B) FORM OF NON-FEDERAL SHARE.—The 456. I urge its adoption by the House DeGette Lee Pascrell non-Federal share of carrying out a project today.

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.032 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5902 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Mr. Speaker, I yield back the balance ‘‘(A) IN GENERAL.—If, for purposes of admin- I urge my colleagues to vote in favor of H.R. of my time. istering a food stamp program under the Food 5685 to let the American people know that The SPEAKER pro tempore. The Stamp Act of 1977, a State agency responsible their representatives in Congress are con- question is on the motion offered by for the administration of the program transmits to the Secretary the names and social security cerned about their safety. Let us send a clear the gentleman from New Mexico (Mr. account numbers of individuals, the Secretary message that we will do all we can to help PEARCE) that the House suspend the shall disclose to the State agency information on them get out of harm’s way should they find rules and agree to the concurrent reso- the individuals and their employers maintained themselves in such a crisis situation overseas. lution, H. Con. Res. 456. in the National Directory of New Hires, subject The SPEAKER pro tempore. Is there The question was taken; and (two- to this paragraph. objection to the original request of the thirds having voted in favor thereof) ‘‘(B) CONDITION ON DISCLOSURE BY THE SEC- gentleman from California? the rules were suspended and the con- RETARY.—The Secretary shall make a disclosure There was no objection. current resolution was agreed to. under subparagraph (A) only to the extent that A motion to reconsider was laid on the Secretary determines that the disclosure A motion to reconsider was laid on would not interfere with the effective operation the table. the table. of the program under this part. f ‘‘(C) USE AND DISCLOSURE OF INFORMATION BY f GENERAL LEAVE STATE AGENCIES.— FURTHER MESSAGE FROM THE ‘‘(i) IN GENERAL.—A State agency may not use Mr. HERGER. Mr. Speaker, I ask SENATE or disclose information provided under this unanimous consent that all Members A further message from the Senate paragraph except for purposes of administering may have 5 legislative days to revise by Ms. Curtis, one of its clerks, an- a program referred to in subparagraph (A). ‘‘(ii) INFORMATION SECURITY.—The State and extend their remarks and include nounced that the Senate has passed agency shall have in effect data security and any extraneous material on the bill, without amendment a joint resolution control policies that the Secretary finds ade- H.R. 5865. of the House of the following title: quate to ensure the security of information ob- The SPEAKER pro tempore. Is there H.J. Res. 86. Joint resolution approving the tained under this paragraph and to ensure that objection to the request of the gen- renewal of import restrictions contained in access to such information is restricted to au- tleman from California? the Burmese Freedom and Democracy Act of thorized persons for purposes of authorized uses There was no objection. 2003, and for other purposes. and disclosures. ‘‘(iii) PENALTY FOR MISUSE OF INFORMATION.— f The message also announced that the An officer or employee of the State agency who b 1730 Senate has passed a bill of the fol- fails to comply with this subparagraph shall be lowing title in which the concurrence subject to the sanctions under subsection (l)(2) GENERAL LEAVE of the House is requested: to the same extent as if the officer or employee Mr. HYDE. Mr. Speaker, I ask unani- S. 3549. An act to amend the Defense Pro- were an officer or employee of the United States. mous consent that all Members may ‘‘(D) PROCEDURAL REQUIREMENTS.—State duction Act of 1950, to strengthen Govern- have 5 legislative days in which to re- ment review and oversight of foreign invest- agencies requesting information under this ment in the United States, to provide for en- paragraph shall adhere to uniform procedures vise and extend their remarks and to hanced Congressional oversight with respect established by the Secretary governing informa- include extraneous material on the thereto, and for other purposes. tion requests and data matching under this bill, H.R. 5682. paragraph. f The SPEAKER pro tempore. Is there ‘‘(E) REIMBURSEMENT OF COSTS.—The State objection to the request of the gen- agency shall reimburse the Secretary, in accord- RETURNED AMERICANS tleman from Illinois? PROTECTION ACT OF 2006 ance with subsection (k)(3), for the costs in- curred by the Secretary in furnishing the infor- There was no objection. Mr. HERGER. Mr. Speaker, I ask mation requested under this paragraph.’’. f unanimous consent to take from the Mr. HERGER (during the reading). UNITED STATES AND INDIA NU- Speaker’s table the bill (H.R. 5865) to Mr. Speaker, I ask unanimous consent amend section 1113 of the Social Secu- CLEAR COOPERATION PRO- that the Senate amendment be consid- MOTION ACT OF 2006 rity Act to temporarily increase fund- ered as read and printed in the RECORD. ing for the program of temporary as- The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- sistance for United States citizens re- objection to the request of the gen- ant to House Resolution 947 and rule turned from foreign countries, and for tleman from California? XVIII, the Chair declares the House in other purposes, with a Senate amend- There was no objection. the Committee of the Whole House on ment thereto, and concur in the Senate Ms. JACKSON-LEE of Texas. Mr. Speaker, the State of the Union for the consider- amendment. I rise today in support of H.R. 5865. The pur- ation of the bill, H.R. 5682. The Clerk read the title of the bill. pose of the bill is to increase the funds in the b 1731 The Clerk read the Senate amend- program aiding Americans currently fleeing the ment, as follows: crisis in the Middle East from $1 million to $6 IN THE COMMITTEE OF THE WHOLE Senate amendment: million. It is important to help these Americans Accordingly, the House resolved Strike out all after the enacting clause and get out of harm’s way and to provide them itself into the Committee of the Whole insert: with the assistance they need to return to their House on the State of the Union for the SECTION 1. PAYMENTS FOR TEMPORARY ASSIST- homes in the United States. consideration of the bill (H.R. 5682) to ANCE TO UNITED STATES CITIZENS However, when we considered this bill on exempt from certain requirements of RETURNED FROM FOREIGN COUN- the Atomic Energy Act of 1954 a pro- TRIES. the House floor, we learned that provisions (a) INCREASE IN AGGREGATE PAYMENTS LIMIT within it allowed it to pass only on the condi- posed nuclear agreement for coopera- FOR FISCAL YEAR 2006.—Section 1113(d) of the tion that the program, established under the tion with India, with Mr. DUNCAN in Social Security Act (42 U.S.C. 1313(d)) is amend- Social Security Act, is terminated. I thank my the chair. ed by inserting ‘‘, except that, in the case of fis- colleague Mr. MCDERMOTT for his comments The Clerk read the title of the bill. cal year 2006, the total amount of such assist- on this matter and his criticism of this condi- The CHAIRMAN. Pursuant to the ance provided during that fiscal year shall not tion. rule, the bill is considered read the exceed $6,000,000’’ after ‘‘2003’’. I am pleased that the Senate added an first time. SEC. 2. DISCLOSURE OF INFORMATION IN THE DI- amendment to allow this valuable program to The gentleman from Illinois (Mr. RECTORY OF NEW HIRES TO ASSIST ADMINISTRATION OF FOOD STAMP continue after this year. This is absolutely es- HYDE) and the gentleman from Cali- PROGRAMS. sential to the well-being of all Americans who fornia (Mr. LANTOS) each will control Section 453(j) of the Social Security Act (42 may find themselves in such a situation in the 30 minutes. U.S.C. 653(j)) is amended— future and look to their government for help. The Chair recognizes the gentleman (1) by redesignating the second paragraph (7) The United States received enough criticism from Illinois. as paragraph (9); and already for mobilizing less quickly to assist our Mr. HYDE. Mr. Chairman, I yield my- (2) by adding at the end the following new paragraph citizens in leaving war-ravaged areas of Leb- self such time as I may consume. ‘‘(10) INFORMATION COMPARISONS AND DISCLO- anon. It is our job to protect them and help (Mr. HYDE asked and was given per- SURE TO ASSIST IN ADMINISTRATION OF FOOD them return home, and I am pleased to give mission to revise and extend his re- STAMP PROGRAMS.— my support to this new version of the bill. marks.)

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.082 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5903 Mr. HYDE. Mr. Chairman, I rise in As many of you know, the NSG is a It is important to note that this deal support of H.R. 5682, the U.S.-India Nu- voluntary group of countries that ex- would improve international nuclear clear Cooperation Promotion Act of port nuclear materials and technology security and at the same time expand 2006, which the Committee on Inter- and that coordinate their export poli- relations between the U.S. and one of national Relations ordered reported by cies regarding other countries. Cur- the most important emerging nations a vote of 37–5 on June 28. This, there- rently, those guidelines do not permit in the world. It will enable India to fore, is truly a bipartisan effort. nuclear trade with India. make energy cheaper, cleaner and This bill is based on the administra- In addition, the legislation requires more accountable. It would create tion’s original proposal, H.R. 4974, detailed annual reports on the imple- more customers for U.S. firms and, in which Mr. LANTOS and I introduced last mentation of the U.S.-India agreement the end, both countries will benefit. fall at the request of Secretary Rice. and on U.S. nonproliferation policy I urge support of this important leg- Current law does not permit civil nu- with respect to South Asia. There are islation. clear trade with India. That legislation also sections on Sense of Congress and I want to acknowledge the indispen- would have authorized the President to Statements of Policy that, although sable collaboration of Mr. LANTOS and waive a number of provisions of the containing many useful provisions, I his marvelous staff, matched only in Atomic Energy Act of 1954, as amend- will not take the time to describe in talent and zeal by my marvelous staff. ed, to allow him to negotiate an agree- detail now. This is truly a product of very desir- ment establishing civil nuclear co- Taken together, the committee be- able bipartisanship, and I thank them operation with India. lieves that this bill represents a judi- and salute them for their contribution. This agreement will permit the U.S. cious balancing of competing priorities Mr. Chairman, I reserve the balance to sell technology to India for nuclear and will help lay the foundation for an of my time. power development. In return, India historic rapprochement between the Mr. LANTOS. Mr. Chairman, I yield will open up for inspection its civilian United States and India, while also myself such time as I may consume. nuclear program to international in- protecting the global nonproliferation Mr. Chairman, I rise in support of the spections and also agree not to test nu- regime. legislation. This is no ordinary vote. clear weapons and abide by nuclear ex- Having described the major compo- Historians will regard what we do port controls. nents of the bill, let me take a brief today as a tidal shift in relations be- H.R. 5682 takes the President’s bill as moment to address some of the argu- tween India and the United States. a starting point and amends it in sev- ments made by supporters and oppo- This will be known as the day when eral key ways. The most important of nents. Congress signaled definitively the end these is that the process of congres- I have yet to hear any objection of the Cold War paradigm governing sional consideration has been reversed, raised by any Member regarding the interactions between New Delhi and meaning that the agreement cannot go desirability of improving U.S.-India re- Washington. into effect unless Congress approves it. lations in general. She is the largest A few weeks ago, by a vote of 37–5, This seemingly small change actually democracy in the world, with 1.1 billion the International Relations Committee has great ramifications for the role of people. resoundingly approved this legislation Congress as it ensures that we will re- The announcement on July 18 of last backing the civilian nuclear accord tain a substantive role in the negotia- year by President Bush and Indian with India. This was nothing short of a tion and implementation of this his- Prime Minister Singh of a new global vote of confidence in the long-term fu- toric and far-reaching agreement. partnership between our two countries ture of relations between India and the Other major improvements in this has been almost universally praised in United States. bill include strengthening the condi- this country and is rightly regarded as President Clinton laid the foundation tions which the President must certify. an historic achievement and one that for this process with his historic trip to The original, vague generalities have is long overdue. India 6 years ago. He demonstrated been made more specific and require a That partnership embraces many ele- that the United States was launching a number of conditions to have already ments, from combating the AIDS epi- new era of mutual respect and coopera- been met instead of being open-ended. demic to collaboration on scientific re- tion. The most important of these include: search to closer cooperation and ensur- A year ago, this vision was brought That India has provided the United ing stability in South Asia and other to full realization as the President and States and the International Atomic regions. Among other benefits, the Prime Minister Singh issued a joint Energy Agency with a credible plan to agreement on nuclear cooperation that statement on an array of new initia- separate its civilian and military fa- this bill will make possible will help tives spanning the fields of high tech- cilities; India address its pressing energy needs nology, space exploration, counterter- India has concluded a safeguards by allowing it to build several nuclear rorism, defense cooperation and energy agreement with the IAEA regarding its reactors to supply electricity and less- security. civilian nuclear facilities; ening the need for petroleum. Today, Mr. Chairman, the House of India and the IAEA are making ‘‘sub- A major argument in favor, however, Representatives steps forth into the stantial progress’’ toward concluding is that a closer relationship with India spotlight to offer its judgment on one an Additional Protocol, which is a set is needed to offset the rising power of critical element of this new relation- of enhanced safeguards and inspection China. There is much to this view, and ship, the United States and India Nu- measures that the United States is urg- it is clear that the U.S. will need to clear Cooperation Promotion Act of ing all countries to negotiate for them- draw upon new resources to handle the 2006, the first key step to create the selves; challenges of this new century. statutory authority to expand nuclear India and the United States are In the end, this is a good deal for research, civilian nuclear power and working toward a multilateral Fissile both the U.S. and India. While the nonproliferation cooperation New Material Cutoff Treaty; world has known that India possesses Delhi. India is working with the United nuclear weapons, India has not had a Our legislation represents a non- States to prevent the spread of enrich- seat at the table of nuclear stake- proliferation victory for the United ment and reprocessing technology; holders. The agreement calls for the States. As part of the agreement, India India is taking steps to secure its nu- U.S. to sell technology to India for nu- has committed to continue its morato- clear and other sensitive materials and clear power development. In return, rium on its own nuclear tests. It will technology through enhanced export India will open its 14 civilian nuclear also adhere to international nuclear control legislation and harmonizing its reactors to international inspections, and missile control restrictions, and export control laws, regulations and agree not to test nuclear weapons and India has agreed to place its civil nu- procedures with international stand- abide by nuclear export controls. This clear facilities for the first time under ards; and the Nuclear Suppliers Group, brings India into the mainstream with international safeguards. also known as the NSG, has voted to other accountable countries, giving Mr. Chairman, this, of course, is not change its guidelines to allow civil nu- rise to the same benefits and respon- a perfect agreement. No agreement be- clear trade with India. sibilities as such other countries. tween two sovereign nations can ever

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.086 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5904 CONGRESSIONAL RECORD — HOUSE July 26, 2006 be perfect, because the agreements trust and aloofness. Today, we are at between India and the United States. Offering arise from hard negotiations. Com- the hinge of history, as we seek to our expertise will increase the environmental promise was necessary on all sides. But build a fundamentally new relationship protections in production and promote the re- we must not let the siren song of per- based on our common values and our sponsible discard of nuclear waste. Bringing fection deafen us to this chance for common interests. India’s nuclear program under international dramatically strengthening an impor- Our legislation, which is before this guidelines will ensure a safer nuclear program. tant and valued ally. House, is a concrete and meaningful The security and stability of India’s nuclear b 1745 element of this new and dynamic rela- program security is of the utmost importance. tionship. I urge my colleagues to give The International Atomic Energy Agency and Mr. Chairman, I understand the criti- their full support to this legislation the Indian Government have been working to- cisms of this agreement on non- and to help usher in a new day in U.S.- gether to apply safeguards in accordance with proliferation grounds. But I would like India relations. International Atomic Energy Agency practices to assure the House that the Inter- Mr. Chairman, I reserve the balance as well as formulating a plan to ensure the national Relations Committee has of my time. separation of civil and military facilities, mate- thoroughly examined these issues dur- Mr. HYDE. Mr. Chairman, I yield 1 rials, and programs. Furthermore, India is sup- ing our five extensive hearings since minute to the distinguished gentleman porting international efforts to prevent the last September on this initiative. from Indiana (Mr. BURTON). spread of enrichment and reprocessing tech- And, Mr. Chairman, our bill address- Mr. BURTON of Indiana. Mr. Chair- nology. India is ensuring that the necessary es those concerns thoroughly. It re- man, I thank Mr. HYDE and Mr. LANTOS steps are being taken to secure nuclear mate- quires the President to make several for their hard work on this bill. I think rials and technology through the application of determinations to Congress. Among they have covered the details of the comprehensive export control legislation and these, the President must determine bill rather well. regulations through harmonization and adher- that India has concluded a credible The reason I wanted to take 1 minute ence to Missile Technology Control Regime plan to separate civilian and military was to say that I met with Prime Min- and Nuclear Suppliers Group guidelines. nuclear facilities; that India has con- ister Singh in Delhi, India, along with India is a flourishing democracy that seeks cluded a safeguards agreement with the some of his cabinet members, oh, a to develop its nuclear program for purely International Atomic Energy Agency couple of months ago. peaceful reasons. It should be congratulated that will apply safeguards in per- And although I have not always been for that. Cooperating with India as it develops petuity to India’s civil nuclear facili- in accord with some of things India has a civilian nuclear program will help India fulfill ties, materials, and programs; that done, I am sure that they want to work its civilian energy needs while creating a stra- India is harmonizing its export control with us on this nuclear agreement. tegic partner for the United States in a volatile laws and regulations to match those of They have assured me, and I am con- region. the so-called Nuclear Suppliers Group, fident they will keep their word, that Mr. LANTOS. Mr. Chairman, I yield and that India is actively supporting there will be a clear demarcation be- 21⁄4 minutes to the gentleman from U.S. efforts to conclude a fissile mate- tween civil use of nuclear energy, nu- California (Mr. BERMAN) our distin- rial cut-off treaty. clear technology we might sell to them guished colleague who has made in- It is worth repeating, Mr. Chairman, and their nuclear weapons program. valuable contributions to the develop- that the International Relations Com- And there is about 800 million people ment of this legislation. mittee came to the determination that in India that are living on less than $2 (Mr. BERMAN asked and was given this agreement advances our Nation’s a day. And when you go through Delhi permission to revise and extend his re- nonproliferation goals, and our com- and you see how they are living, under marks.) mittee approved the bill by an over- horrible, horrible conditions, little Mr. BERMAN. Mr. Chairman, I want whelming, bipartisan vote of 37–5. children running around with no place to commend the chairman and the Mr. Chairman, this legislation has to go, burning cow chips for the heat ranking member of the committee, been carefully crafted to protect our that they need to stay warm at night, both Mr. HYDE and Mr. LANTOS, and nonproliferation interests, and to en- you realize the need for energy that their staffs for their hard work on this sure direct congressional oversight. they have and they need it so badly. legislation. Members will recall that the adminis- So this nuclear technology we are There is no question that this bill is tration wanted Congress to approve the going to sell them for civil use will be a major improvement over the admin- India deal in advance, without seeing very helpful, not only for job creation istration’s legislative proposal, as Mr. the details of a still-to-be-negotiated over there, but for making the quality LANTOS mentioned. Because of the nuclear cooperation agreement. of life better for all the people in India. changes they have made, we will have There would have been no effective Mr. LANTOS. Mr. Chairman, I yield an opportunity to decide whether or subsequent review by the Congress. We to the gentleman from Illinois (Mr. not to approve the nuclear cooperation rejected that approach. Our agreement DAVIS) for the purpose of making a agreement by a majority vote after the ensures that Congress will have the unanimous consent request. agreement is negotiated, after we see final word on whether or not the agree- (Mr. DAVIS of Illinois asked and was the IAEA safeguards agreement with ment for cooperation with India can given permission to revise and extend India, and after the Nuclear Suppliers become law. Under our approach, Con- his remarks.) Group has reached a consensus. gress must vote a second time before Mr. DAVIS of Illinois. Mr. Chairman, Notwithstanding that, I do remain there can be any civilian nuclear co- I rise in support of H.R. 5682, the deeply concerned about this nuclear operation with India. United States and India Nuclear Co- deal, because I fear that it will com- Congress must approve the completed operation Promotion Act of 2006. plicate our efforts to prevent the cooperation agreement. But congres- Mr. Chairman, ‘‘India,’’ Mark Twain wrote, spread of weapons of mass destruction. sional oversight does not end there, ‘‘is the cradle of the human race, the birth- Not because I think India is going to be Mr. Chairman. Our legislation also re- place of human speech, the mother of history, a major proliferator, but because once quires that the President make de- the grandmother of legend, and the great you change the long-established non- tailed annual reports on U.S. non- grandmother of tradition.’’ Now, this remark- proliferation rules for the benefit of proliferation policy with respect to able country is asking for our assistance as it one country, even a friendly democracy South Asia and the implementation of develops its civilian nuclear program. like India, then it becomes much easier the U.S.-India agreement. And it in- The possibilities for nuclear technological in- for the other countries to justify carve- cludes certain guarantees that India novation in India are limitless. Domestic infra- outs for their special friends. will adhere to international standards structure improvements in water supply, power I would not be so concerned about for maintaining a safe civilian nuclear generation, and other industries will substan- setting a bad precedent if there was program. tially improve the quality of life for over one some compelling nonproliferation gain, Mr. Chairman, it is my deep pleasure billion Indian people. but I just do not see it here. Later to see the United States and India fi- Cooperating with India as it develops stable today, Representative TAUSCHER and I nally emerging from decades of dis- nuclear technology will strengthen the bond will offer an amendment to provide

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.087 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5905 that missing piece of the proposal. Our LANTOS, too, for his detailed work on also requires that the President submit amendment, based on a proposal by this challenging issue. a final agreement to Congress for a sec- former Senator Sam Nunn, would allow While nuclear energy is controversial ond up or down vote. I want to con- exports of nuclear reactors and other in the United States, it is not in India. gratulate the gentleman from Cali- technology to India after a nuclear co- Like in several other countries, nu- fornia for getting us a process that operation agreement has been approved clear energy is widely viewed as a crit- gives us that opportunity. by the Congress. ical technology, one central to uplift- In short, I believe a Civil Nuclear Co- But it would restrict exports of ura- ing hundreds of millions of impover- operation Agreement with India will nium and other nuclear reactor fuel, ished Indians. So India will develop its serve America’s strategic interests and until the President determines that nuclear energy sector, not as easily or strengthen global nonproliferation re- India has halted the production of as quickly without this deal, but it will gimes by bringing the majority of In- fissile material for use in nuclear nonetheless. And India will not relin- dia’s nuclear reactors under Inter- weapons. Otherwise, we incentivize quish its nuclear weapons at this point national Atomic Energy Agency over- this. in time, which is understandable, given sight for the first time. Mr. Chairman, I come at this as its security situation. In addition, this bill will strengthen someone who is unabashedly pro-India. So right now, many Indians view the the relationship between our two great I strongly support efforts to strengthen United States as blocking India’s tech- democracies. A civilian nuclear agree- the U.S.-India strategic partnership. I nological and developmental aspira- ment will help India’s burgeoning econ- also accept the fact that India has nu- tions by our opposition to their acquir- omy continue to grow, and it will pro- clear weapons, will never give up those ing nuclear material and technology. vide India with a clean source of en- weapons, and will probably never sign With its growing economy, India is ergy. the Nuclear Nonproliferation Treaty. consuming more and more oil. It is Now, it is true that India is not a sig- Mr. Chairman, I welcome civilian nu- competing on the world market, com- natory to the Nuclear Nonproliferation Treaty, an international accord that I clear cooperation with India, as long as peting with American consumers for strongly support. But it is also true it is done in a responsible way that limited hydrocarbon resources. that India has honored the spirit of does not undermine our credibility as a This gives Americans an interest in that treaty and has been a responsible leader in the fight against prolifera- helping India expand its nuclear power nuclear nation for the past 32 years, tion. I believe the Tauscher-Berman industry, which this legislation does. It unlike Pakistan, North Korea and Iran, amendment will help to achieve that also encourages India to move away goal. I might observe. from burning its abundance of highly Under this bill, the President is al- Mr. HYDE. Mr. Chairman, I yield 4 polluting coal. By passing this legisla- minutes to the gentleman from Cali- lowed to waive provisions of the Atom- tion, we also take a step toward inter- ic Energy Act only after he sends Con- fornia (Mr. ROYCE). nationalizing India’s nuclear industry, Mr. ROYCE. Mr. Chairman, I rise in gress a determination that India has a which I believe would make it safer. credible plan to separate civil and mili- strong support of this legislation, al- Young Indian scientists and engi- lowing for a nuclear cooperation agree- tary nuclear facilities. The President neers in the nuclear field are interested must also send to Congress a deter- ment with India. The last two adminis- in collaborating with their American mination of an agreement between trations have forged closer ties with counterparts. Today they are isolated. India and the IAEA requiring that India. And India is a nation now of over I would rather know more rather than agency to safeguard in perpetuity In- 1 billion people. The last two adminis- less about India’s nuclear work. Some dia’s civil nuclear facilities, materials, trations frankly have overcome the have raised legitimate concerns about and programs. In addition, the legisla- chilly relations of the Cold War with the impact of this agreement upon the tion requires detailed annual reports India. Nuclear Nonproliferation Treaty and on the implementation of this agree- And last July’s joint statement com- the Indian nuclear weapons arsenal. I ment. mitted each country to a global part- am not prepared, at this point, to call Mr. Chairman, I believe the House nership which has accelerated our co- this agreement a nonproliferation plus, bill represents a policy that recognizes operation on many issues, including on as some do, but neither is it the clear our Indian allies’ responsible actions counterterrorism. As we saw 2 weeks setback some opponents describe. over more than three decades and our ago, when a series of commuter train For one, this agreement forces a sep- two nations’ strong and deepening rela- bombings hit Mumbai, killing over 200 aration between India’s civilian and tionship. I thank the gentleman from Indian people, India is a frontline state military nuclear programs. This is a California and Mr. ROYCE for their in the struggle against Islamist ter- good step. The agreement also is likely work on this bill and rise, as I said at rorism. to increase India’s cooperation with us the outset, in support of it. Congress has played a leading role in confronting countries seeking to Mr. ROYCE. Mr. Chairman, I yield 2 promoting U.S.-India relations. There break their NPT commitment by devel- minutes to the gentleman from Cali- is an India Caucus which I cochaired in oping nuclear weapons. fornia (Mr. ROHRABACHER). the 107th Congress. In 2001, I led a con- In my view, this agreement is more Mr. ROHRABACHER. Mr. Chairman, gressional delegation to India’s earth- likely a wash in the nonproliferation I rise in support of this legislation quake-shattered Gujarat region. Other category, while its broad benefits, pri- which will further the cause of civilian Members have focused on India. But marily cultivating a more influential nuclear cooperation with India, and I nothing we have done is as significant relationship with India, are big pluses. would like to thank Mr. LANTOS and as the civilian nuclear cooperation Mr. LANTOS. Mr. Chairman, I yield 2 Chairman HYDE for the work that they agreement that we are debating today. minutes to distinguished Democratic put into this, again demonstrating the As our distinguished chairman has whip, my good friend from Maryland bipartisan cooperation that is possible noted, the International Relations (Mr. HOYER). even in the arena of international af- Committee has given this agreement fairs which sometimes gets rather b 1800 close and extensive review. We held testy. five hearings, which is certainly war- Mr. HOYER. I thank Mr. LANTOS for Let me note that the United States- ranted given the high stakes. yielding the time, Mr. Chairman. I sup- India relations got off to a very bad Supporters and detractors alike rec- port this important bipartisan legisla- start shortly after India became inde- ognize the great significance of this tion, and I urge my colleagues to do pendent of Great Britain. India basi- policy shift that the Bush administra- the same. cally sided with Russia in the Cold tion has engineered. I would like to It is critical to note that this bill War. Well, the Cold War is over, and we commend Chairman HYDE. He took a creates a two-vote process for Congress should be making up for lost time, weak administration legislative pro- to approve this Civil Nuclear Coopera- which is exactly what this bill is all posal, one dismissive of congressional tion Agreement with India. While the about. prerogative and turned it around. I bill allows the necessary waivers to the This is dramatically in the interests want to commend Ranking Member Atomic Energy Act for this pact, it of both of our countries. Economically,

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.089 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5906 CONGRESSIONAL RECORD — HOUSE July 26, 2006 a prosperous, democratic India with an borhood, we would have to invent cochair of the Congressional Caucus on expanding middle class is a dream mar- them. India and Indian Americans, this is an ket for American entrepreneurs, manu- India has been a responsible nuclear issue I have enthusiastically supported. facturers and, yes, technologists. This power and deserves to be treated that I want to thank Chairman Henry Hyde, agreement is designed to provide India way. The bill before us does just that. Ranking Member Tom Lantos, Chair- the energy it needs to achieve its eco- Critics have expressed concerns re- man Ed Royce, Caucus Cochairs Gary nomic goals but in a way that will not garding the bill’s impact on our non- Ackerman and Joe Crowley, and all damage America or other western de- proliferation policy; and, clearly Iran, other members of the committee who mocracies’ economy by fencing off and Pakistan and North Korea are looking have crafted well-balanced, bipartisan consuming limited energy resources or for clues as to what it means for them legislation. using high-pollution energy resources and their nuclear programs. Some incorrectly believe this agree- of their own. What do you tell Pakistan and Iran ment will have a negative impact on The high-temperature gas reactor, and North Korea? Well, you tell them nonproliferation. In contrast, it will my subcommittee had a hearing on this: If you want to be treated like greatly strengthen our current non- this, noting that there are new nuclear India, be like India. Be a responsible proliferation system. India has long alternatives like the high-temperature international actor with regard to been outside of the international non- gas reactor and other type of nuclear weapons of mass destruction tech- proliferation regimes. Under this power systems that offer a safe method nologies. Don’t sell your nuclear tech- agreement, India will place 14 of 22 ex- of providing India the energy it needs nologies to the highest bidder. Don’t isting and planned nuclear facilities to uplift the standard of living of its provide it to terrorists. Be a democ- under IAEA safeguards. people. This legislation is pro-pros- racy, a real democracy like India, and For 30 years, India has protected its perity, pro-energy; and, if we are vigi- work with us on important foreign pol- nuclear programs. It has not allowed lant, it will not be contrary to the in- icy objectives and not against us. proliferation of its nuclear technology. terests of the nonproliferation move- Iran and North Korea signed the NPT India is the world’s largest democracy, ment. But it is up to us to work with and are now running away from their with the 11th largest economy. It is India to make sure that nonprolifera- freely entered into obligation and away treated uniquely because of its history tion remains a high priority for our from IAEA inspections. India did not of maintaining a successful nuclear countries, both of us together. sign the NPT, and yet is embracing the nonproliferation regime. I saw first- Finally, let me note, Mr. Chairman, IAEA and embracing global non- hand on a visit to India in December that we need to have a strong relation- proliferation. India’s attitude should be the vibrant future of India as Amer- ship for it with India, yes, with Japan recognized and commended and con- ica’s partner in the codel led by Dan and, yes, with the former Soviet Union, gratulated. Burton. if we are to have peace in this world. There are two options before us Passage of this agreement promotes There is a danger looming in the fu- today: One, don’t pass the bill. We do meaningful mutual economic benefits ture. Hopefully, China will some day that, and we allow India to pursue its for India and America. Secretary Rice democratize. Until then, we must have national interests unimpeded, as it has has noted that as many as 5,000 direct alliances with the world’s democracies been doing outside of the nonprolifera- jobs and 15,000 indirect jobs could be like India in order to preserve the tion mainstream. created as a result of this agreement. peace of the world. The other is to make a deal with In addition, India will be better posi- Mr. LANTOS. Mr. Chairman, I am India and give to the United States and tioned to compete in the global econ- very pleased to yield 3 minutes to my the international community a window omy, and trade between our countries good friend from New York (Mr. ACK- in perpetuity into two-thirds of India’s will continue to grow at a record pace, ERMAN), a distinguished colleague and nuclear facilities and all of its future such as in 2005 when we recorded a 30 valued member of the International nuclear facilities, under safeguards, in percent increase in exports to India. Relations Committee. compliance, transparent. In conclusion, God bless our troops Mr. ACKERMAN. Mr. Chairman, I think the choice is clear: If you and we will never forget September 11. today the House has an opportunity to want the IAEA to inspect India’s civil- Mr. LANTOS. Mr. Chairman, I am de- make an historic choice of great pro- ian nuclear facilities, then you are for lighted to yield 2 minutes to my good portions. For 30 years, Mr. Chairman, the bill. If you want India to be obli- friend from Nevada (Ms. BERKLEY) so U.S. policy toward India has been de- gated to adhere to the missile tech- she may engage in a colloquy. fined and constrained by our insistence nologies control regime for the first Ms. BERKLEY. Mr. Chairman, I on punishing India for its sovereign de- time, then you are for the bill. If you would like to thank Mr. LANTOS and cision not to sign the Nuclear Non- want them to comply for the first time Mr. ROYCE for engaging in this col- proliferation Treaty. with the nuclear suppliers’ groups loquy with me. The truth be told, had India con- guidelines for the first time, then you I fully appreciate the importance and ducted its nuclear tests earlier, it are for the bill. If you want to send a significance of this historic piece of would have been treated the way we clear message to nuclear rogue states legislation. However, I rise today to treat France and Britain and Russia about how to behave, then you are for discuss two amendments that were and China and ourselves. In short, it the bill. And, if you want a broad, deep, adopted by the committee. would have been grandfathered in as a and enduring strategic relationship I am sure that you are all aware that member of the nuclear weapons club. with India, then you are for the bill. for over 20 years Nevada has fought to But they did not test earlier, and they Mr. Chairman, it is time for a 21st keep nuclear waste out of Yucca Moun- have been treated differently. And century policy towards India, one that tain. This is a most compelling issue nothing that we have tried over the supports and encourages India’s emer- for the people of the State of Nevada. I last three decades has convinced them gence as a global, responsible power am very pleased that the committee to give up their nuclear status, and and solidifies U.S.-India bilateral rela- agreed with my arguments that, before nothing that we would say over the tions for decades to come. The bill be- we enter into any agreement to sup- next three decades would convince fore us today is that new policy. I urge port a proliferation of nuclear power, them, either. our colleagues to vote ‘‘yes’’ on H.R. we should know where the nuclear The time has come for the United 5682. waste is going to be stored. States to deal with the reality of South Mr. ROYCE. Mr. Chairman, I yield 2 Nevada certainly doesn’t want to Asia as it is and not as a fanciful wish. minutes to the gentleman from South store the nuclear waste that is gen- India lives in a difficult neighborhood, Carolina (Mr. WILSON). erated in our own country, much less next to Pakistan, which continues to Mr. WILSON of South Carolina. Mr. the nuclear waste that is generated in produce nuclear weapons unchecked, Chairman, I rise today as an original other countries, and that includes and China, whose commitment to a cosponsor of the civilian nuclear agree- India. fissile material cutoff is suspect, at ment. As a member of the Inter- I am pleased that an amendment that best. If India didn’t exist in that neigh- national Relations Committee and past I sponsored ensuring that spent fuel

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.090 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5907 from India’s civilian nuclear reactors correct. It is our intent that section 129 initiative in bringing this bill to the cannot be transferred to the United of the Atomic Energy Act should apply floor for consideration. States without congressional over- prospectively to India. Should India I also want to compliment my col- sight, that was passed by the com- conduct a nuclear test in the future, league from New York (Mr. ACKERMAN) mittee. Another amendment that re- one likely consequence would be the for giving our colleagues a little his- quires the President to issue an annual discontinuation of nuclear fuel and torical perspective about this whole report describing the disposal of nu- technology sharing by the United question of non-proliferation, and I clear waste from India’s civilian nu- States with India. want to share with my colleagues a clear program was also approved by the Mr. LANTOS. Mr. Chairman, will the historical perspective of why India did committee. gentleman yield? not and could not sign the nuclear non- I believe these are critical provisions Mr. SPRATT. I yield to the gen- proliferation treaty. that the final bill simply must contain. tleman from California. Mr. Chairman, while some of our Both of these provisions passed with- Mr. LANTOS. Mr. Chairman, I agree critics may argue that India has not out objection during the committee with my friend, Congressman ROYCE. signed the NPT, I submit that had it markup of this legislation. I would ask Nuclear tests by India would put the not been for our own country’s indiffer- the chairman whether he can assure U.S.-India nuclear cooperation agree- ence, I call it benign neglect, if you me that he will work to maintain these ment in serious jeopardy. will, India may have been a member of provisions in the final bill as the legis- Mr. SPRATT. I thank my colleagues the nuclear club and our discussion lative process goes forward. for that clarification. As a further about the NPT would have been a moot I yield to the distinguished sub- point of clarification, India’s prime point. committee chairman. minister has reported to his parliament In the early 1960s, despite having a Mr. ROYCE. I thank the gentle- that, ‘‘the United States will support civilian nuclear program, India called woman for yielding. an Indian effort to develop a strategic for a global disarmament, but nations I supported the gentlewoman’s reserve of nuclear fuel to guard against with nuclear weapons turned a deaf amendment in committee. And while any disruption of supply over the life- ear. In 1962, China attacked India not necessarily concurring with all the time of India’s reactor.’’ A sizeable fuel claiming it was responding to border views that she expressed in committee, reserve could conceivably minimize the provocation. The United States re- I supported her amendment; and hers impact of a U.S. decision to cut off fuel sponded by saying it might protect are helpful amendments which I will supplies should India conduct a nuclear India against a future attack, but when work to maintain in the final bill. test. China exploded its first nuclear bomb Ms. BERKLEY. I thank the chair- Mr. ROYCE and Mr. LANTOS, is it your in 1964, the U.S. welcomed China as a man. understanding that aiding in the devel- member of the nuclear club, and we I yield to the ranking member of the opment of a fuel reserve is not intended also supported China becoming a per- committee. to facilitate a decision by the govern- manent member of the United Nations Mr. LANTOS. I want to thank the ment of India to resume nuclear test- Security Council. gentlewoman for her excellent work on ing? I yield to the gentleman. It may be of interest to our col- this legislation. I will do my utmost to Mr. ROYCE. That is our under- leagues, Mr. Chairman, that India had work to keep this provision in the leg- standing. a civilian nuclear program in place islation. Mr. LANTOS. And I agree with that prior to the NPT being open for signa- Mr. ROYCE. Mr. Chairman, I reserve interpretation. tures in 1968, and at the time, India was the balance of my time for closing. Mr. SPRATT. Finally, would the gen- only months away from possessing nu- Mr. LANTOS. Mr. Chairman, I am de- tlemen then agree with me that any clear weapons. So while critics may lighted to yield 21⁄2 minutes to my good fuel reserve provided to the Indians for argue that India has not signed the friend from South Carolina (Mr. use in safeguarded, civilian nuclear fa- NPT, I agree with India’s position that SPRATT), the distinguished ranking cilities should be sized in a way that the NPT is, and has always been, member on our Budget Committee. maintains continued fuel supply as a flawed and discriminatory. b 1815 deterrent to Indian nuclear testing? I Therefore, it is little wonder that Mr. SPRATT. Mr. Chairman, I thank yield to the gentlemen. India exploded its first nuclear device the gentleman for yielding. Mr. ROYCE. Any fuel reserve should in 1974. Recent U.S. State Department I would like to engage my colleagues be intended to give India protections declassified documents on U.S. foreign and managers of this bill, Mr. ROYCE against short-term fluctuations in the policy show that India had little choice and Mr. LANTOS, in a colloquy on the supply of nuclear fuel. given the hostile attitude assumed by issue of India’s nuclear testing morato- Mr. LANTOS. I agree with Mr. ROYCE our country towards India during the rium. on this point. Nixon-Kissinger years. Section 129 of the Atomic Energy Act Mr. SPRATT. I thank Mr. ROYCE and I commend President Bush and Prime provides that, ‘‘No nuclear materials Mr. LANTOS for that clarification and Minister Singh for bringing this initia- and equipment or sensitive nuclear commend you for your excellent work tive to the table. I also applaud the ef- technology shall be exported to any on this important legislation. fort of Under Secretary of State Nich- non-nuclear weapon state that is found Mr. LANTOS. Mr. Chairman, I am olas Burns who was our chief nego- by the President to have detonated a very pleased to yield 21⁄4 minutes to our tiator in development of this agree- nuclear device.’’ It is my under- distinguished colleague from American ment. He did an outstanding job and standing that section 4(a)(3)(A) of H.R. Samoa (Mr. FALEOMAVAEGA), my good showed true statesmanship. 5682 waives this restriction for any nu- friend. I also want to thank Mr. Sanjay Puri, clear test that occurred before July 18, (Mr. FALEOMAVAEGA asked and a great leader in our Indian American 2005, effectively allowing nuclear co- was given permission to revise and ex- community for all that he has done to operation in spite of India’s past nu- tend his remarks.) rally support for this bill. clear tests, but not for any detonation Mr. FALEOMAVAEGA. Mr. Chair- I urge my colleagues to support this or tests after that day. man, I rise in support of H.R. 5682, the legislation. Therefore, if India were to do so, con- U.S. and India Nuclear Cooperation Mr. Chairman, I rise in support of H.R. tinued nuclear cooperation would be in Promotion Act, and I want to certainly 5682, the U.S. and India Nuclear Cooperation jeopardy. Is that an accurate assess- commend Chairman HENRY HYDE and Promotion Act and I commend Chairman ment? Ranking Member TOM LANTOS for their HENRY HYDE and Ranking Member TOM LAN- Mr. ROYCE. Mr. Chairman, will the leadership in moving this legislation TOS for their leadership in moving this legisla- gentleman yield? forward. This proposed legislation is a tion forward. This proposed legislation is a Mr. SPRATT. I yield to the gen- classic example of what bipartisanship classic example of what bipartisanship is all tleman from California. is all about, and I, again, commend our about and I again commend our chairman and Mr. ROYCE. Mr. Chairman, the gen- chairman and ranking member and ranking member and their staffs for their tleman from South Carolina is indeed their staffs for their statesmanship and statesmanship and initiative in bringing this bill

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.092 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5908 CONGRESSIONAL RECORD — HOUSE July 26, 2006 to the floor for consideration. I want to share all that he has done to rally support for this tleman from Massachusetts (Mr. MAR- with my colleagues a historical perspective bill. KEY), my very dear friend and our most why India did not and could not sign the Nu- I urge my colleagues to vote in favor of H.R. distinguished colleague. clear Non-proliferation Treaty. 5682. Mr. MARKEY. Mr. Chairman, this Mr. Chairman, while some of our critics may Mr. ROYCE. Mr. Chairman, I yield 2 agreement pours nuclear fuel on the argue that India has not signed the Nuclear minutes to the gentleman from Cali- fire of an India-Pakistan nuclear arms Non-Proliferation Treaty, NPS, I submit that fornia (Mr. SCHIFF). race. This agreement will free up 40 to had it not been for our country’s indifference Mr. SCHIFF. Mr. Chairman, I thank 50 bombs worth of nuclear fuel for In- or, benign neglect, if you will, India may have the gentleman for yielding, and I rise dian nuclear bombs, and the con- been a member of the nuclear club and our in support of this legislation and of the sequence of that will be that Pakistan discussion about the NPT would be a moot growing strategic partnership between will respond, and Pakistan will respond point. In the early 1960s, despite having a ci- the United States, the world’s oldest with A.Q. Khan under house arrest in vilian nuclear program, India called for global democracy, and India, the world’s larg- Islamabad, the Johnny Appleseed of disarmament but nations with nuclear weap- est. The hard work by Members and the nuclear weapons spread from Iran to ons turned a deaf ear. staff on the IR Committee under the Libya to North Korea. In 1962, China attacked India claiming it leadership of the chairman and ranking And how do we know that? We know was responding to border provocation. The member have produced a bill that bet- that because in Monday’s Washington U.S. responded by saying it might protect ter attempts to address legitimate non- Post we learned from an outside source India against a future attack. But when China proliferation concerns and respects that Pakistan is building a facility exploded its first nuclear bomb in 1964, the congressional authority to approve that can create 50 plutonium nuclear U.S. welcomed China as a member of the nu- agreements. bombs a year. We should be debating clear club and we also supported China to be- During the markup, the committee that out here on the House floor to- come a permanent member of the United Na- adopted an amendment I offered to night. tions Security Council. It may be of interest to minimize the risk that our nuclear ex- This House has 2 days to reject a sale our colleagues that India had a civilian nuclear ports would assist India’s nuclear of 36 F–16 bombers that can take the 50 program in place prior to the NPT being weapons programs. nuclear bombs which Pakistan can opened for signature in 1968 and, at the time, Under this amendment, the President make each year in a radius of 1,500 kil- India was only months away from possessing would be required to submit to Con- ometers, but we are not going to de- nuclear weapons. So while critics may argue gress a report on the steps he is taking bate that. We are not going to debate Pakistan’s nuclear program, which that India has not signed the Nuclear Non-Pro- to ensure our exports do not contribute Congress was not told about, the Amer- liferation Treaty, NPS, I agree with India’s po- to India’s nuclear weapons program. In addition, my amendment declared that ican public was not told about. sition that the NPT is, and has always been, Who is in Pakistan? A.Q. Khan is in flawed and discriminatory. Therefore, it is little it is U.S. policy to encourage India not to increase its production of fissile ma- Pakistan. Osama bin Laden is in Paki- wonder that India exploded its first nuclear de- stan. Al Qaeda is in Pakistan. vice in 1974. Recent U.S. State Department terial in military facilities. Taken together with the other state- This agreement is going to fuel an declassified documents on U.S. foreign policy ments by the administration, this arms race, a nuclear arms race in show that India had little choice given the hos- amendment makes clear that it is U.S. southeast Asia, and it is going to tile attitude assumed by the United States to- policy to promote the prompt negotia- spread across the world, and instead of wards India during the Nixon/Kissinger years. debating an F–16 bill, 36 of them to In 1965, believing India was weakened from tion of a fissile material production cutoff treaty; that pending entry into Pakistan, with this abomination of a its war with China, Pakistan attacked India. In nuclear program which they have, we response, the U.S. remained neutral while force of such a treaty, to press for the earliest possible achievement of a mul- are instead fueling it with this India China outspokenly supported Pakistan. Con- program which Pakistan knows is cyn- cerned for its own security and having little tilateral moratorium to accomplish this purpose; and to urge India to re- ical because it will free up 50 bombs reason to rely on the U.S., India announced in worth of civilian domestic Indian nu- 1966 that it would produce nuclear weapons frain from increasing its rate of pro- duction of fissile materials for nuclear clear fuel for their bomb program. within 18 months. But, in 1967, the U.S. joined We must halt, we must stop this nu- with the Soviet Union in crafting a nuclear weapons. Mr. Chairman, the final bill must clear arms race in southeast Asia. We non-proliferation treaty which to this day states contain these provisions, and I would must vote ‘‘no’’ on this proposal. It is that only the United States, Russia, the United ask my colleague and the manager of absurd. We should be debating Paki- Kingdom, China, and France are permitted to stan’s nuclear program, Pakistan’s F– the bill, Mr. ROYCE, whether he can as- own nuclear weapons because only these five sure me that he will work to maintain 16 program tonight, or else we will look nations possessed nuclear weapons at the these provisions and their stated intent back on this as an historic failure. time the treaty was open for signature in 1968. Mr. ROYCE. Mr. Chairman, I yield in the final bill as the legislative proc- As we all can agree, India then and India myself such time as I may consume. today lives in one of the world’s toughest re- ess goes forward. I think we are all very concerned Mr. ROYCE. Mr. Chairman, will the gions and it is a bit Eurocentric for the U.S. to about the reports on Pakistan’s pro- gentleman yield? treat India as if she is beholden to us for the Mr. SCHIFF. I yield to the gentleman grams that appeared this week. I think safety, protection, and well-being of her peo- from California. it was Monday in the Washington Post, ple. It is no grand gesture on our part that we Mr. ROYCE. Mr. Chairman, yes. I but I think it is important to also note now offer India civil nuclear cooperation. In- supported the gentleman’s amendment that that report stated that the con- stead, U.S.-India civil nuclear cooperation is in committee, and I will work with him struction on this facility in Pakistan long overdue and, quite frankly, the deal is as to maintain it in the final bill. to make these bombs began sometime good for us as it is for India. Mr. SCHIFF. I thank the gentleman. in the year 2000. So this is not some- Mr. Chairman, I commend President Bush Mr. LANTOS. Mr. Chairman, will the thing that I think can be characterized and Prime Minister Singh for bringing this ini- gentleman yield? as a reaction to this new initiative tiative to the table. I also applaud the efforts Mr. SCHIFF. I yield to the gentleman with India. of Under Secretary of State Nicholas Burns from California. I do have concerns about a nuclear who was our chief negotiator in the develop- Mr. LANTOS. Mr. Chairman, I want arms buildup in Asia. Again, this is ment of this agreement. As the lead nego- to thank the gentleman for his excel- something that the administration tiator, Secretary Burns has represented our lent work on this legislation, and I in- should be doing more on, working to- Nation’s interest with distinction and true tend to work to keep this provision in wards a fissile material cutoff treaty. statesmanship, and I am honored to have the legislation. However, I would just respond by worked with him during these critical months Mr. SCHIFF. I thank both of you pointing out that this agreement gives leading up to today’s historic deliberation of gentlemen. I intend to support the leg- us a chance to be engaged with India this important bill. islation. on their program instead of being on I also want to thank Mr. Sanjay Puri, a great Mr. LANTOS. Mr. Chairman, I am de- the outside as we have been for dec- leader in our Indian-American community for lighted to yield 2 minutes to the gen- ades.

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.049 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5909 Mr. Chairman, I yield for the pur- to expanded high technology trade and space fortunately, at issue is the rule of law as it ap- poses of a unanimous consent request cooperation, the relationship has been moving plies to us and others as well. to the gentleman from Iowa (Mr. forward in an impressive fashion. On the eco- In particular a number of other countries, LEACH), the chairman of the Asia Sub- nomic front, America is India’s largest trading with whom we currently do not have amicable committee. partner and largest foreign investor. In many relations, such as Iran and North Korea, can (Mr. LEACH asked and was given per- ways, however, what is impressive is how be expected to similarly press the international mission to revise and extend his re- marginal, not how significant, is our trade. community to recognize their legitimacy as nu- marks.) Economic and commercial ties between the clear weapons states. And if we unilaterally Mr. LEACH. Mr. Chairman, at the outset I U.S. and India are at an incipient, not end declare the right to ignore international law, would like to recognize Chairman HYDE and stage, and arguably deserve priority emphasis other countries, including nuclear weapon the distinguished Ranking Member, Mr. LAN- at this point in our relationship. states, can not be expected to go along with TOS, for their leadership in improving the Ad- In this context, many in Washington and an exclusive American right to take exception ministration’s draft proposal for facilitating civil elsewhere around the world were caught by to treaties. nuclear cooperation between the United surprise with the Administration’s offer last This agreement thus creates opportunity for States and India. July to extend full civilian nuclear cooperation countries to use commercial or geopolitical ra- In particular, I appreciate their efforts to to India; a proposal which presented Congress tionales to expand forms of nuclear coopera- lessen the nonproliferation risks inherent in with a fait accompli, notwithstanding the fact tion otherwise prohibited by existing inter- this initiative and to ensure that Congress re- that implementation would require legislative national norms (such as the NPT) or proce- mains a full partner with the Executive Branch action. dures (such as those developed by the multi- as we move forward with this endeavor. By background, when Prime Minister Singh lateral Nuclear Suppliers Group). Nonetheless, while the issue at hand is a was set to visit Washington last summer, the For example, in the immediate wake of the close call, in my judgment this particular initia- Administration was weighing two policy op- President’s announcement of a policy shift, tive does not strike the right balance between tions to help ensure maximum success for this before either the Congress or the multilateral two competing American national security in- important summit with the President. NSG could consider the proposal, Moscow terests: the important goal of improving rela- One option would have been to announce moved to preempt Washington by announcing tions with a rising India and the critical priority unequivocal U.S. support for India’s claim to a it would provide New Delhi with uranium reac- of preventing the spread of nuclear weapons permanent seat on the United Nations Secu- tor fuel in contravention of NSG guidelines. and fissile material in an era hallmarked by rity Council; a stance clearly in the interest of In other words, the mere announcement of the global threat of terrorism. Let me explain India and also compatible with the interests of an Executive Branch-initiated proposal has why. the United States. Bizarrely, however, the Ad- had the effect of undercutting the NPT and There is nothing more difficult than to at- ministration position then and now has been precipitated another nation-state to implement tempt to put perspective on events of day be- that Washington is unprepared to take a firm key aspects of Washington’s initiative. cause so many issues can only be understood position in support of Indian membership until Similarly, the government of Pakistan an- clearly, if at all, with the passage of time. For the U.S. achieves certain goals related to UN nounced it would be obligated to match any example, if we ask what is new on the Asian administrative and management reform, none expansion in India’s nuclear weapons pro- landscape over the last several years there is of which are as critical as the case for Secu- gram. a tendency to emphasize troubling develop- rity Council enlargement to reflect the new bal- The reason we have an NPT is to restrain ments: the scourge of terrorism, North Korea, ance of power in world affairs. nuclear weapons development. Based on Frankly, I am flabbergasted by the Adminis- tensions over Taiwan, and America’s growing news reports this past week from Pakistan, it tration’s ideological rigidity, as well as its lack trade deficit with China. But on the positive is clear that one of the consequences of of preparation to support India on this issue. I side little is more consequential than Amer- breaking international law is the precipitation regard the U.S. position as awkward philo- ica’s deepening ties with India. of an arms race on the Indian Subcontinent. sophically, illogical, and incompatible with The growing warmth between our two coun- But as unfortunate as this arms race is, the sound strategic judgment. tries has its roots in the common values and Instead of supporting India’s aspirations for consequence of the U.S.-led unraveling of the the increasingly congruent interests of demo- Security Council membership, the Administra- NPT is the spiraling of nuclear weapons devel- cratic societies committed to the ideal of lib- tion instead chose to peremptorily re-write the opment elsewhere. erty, social tolerance, representative govern- rules of the global nonproliferation that have Mr. Chairman, in a philosophical context this ment and the fight against terrorism, as well well-served U.S. interests for over three dec- agreement is a reflection of an Administration as other transnational threats—such as the ades. approach to foreign policy rooted in the so- spread of weapons of mass destruction, illicit To be sure, I acknowledge that there are a called doctrine of American Exceptionalism, narcotics, and the scourge of HIV/AIDS. In this number of credible rationales for this agree- which neo-cons do not define as refining a regard all Americans condemn the recent hor- ment: to earn trust and goodwill with policy- shining city on a Hill but as the right of a su- rific bomb attacks in Kashmir and Mumbai, makers in Delhi, and the Indian public; to help perpower to place itself above the legal and and we stand with the people and government accelerate the development of a strategic part- institutional restraints applied to others. of India in their opposition to anarchistic acts nership between our two countries; to promote In the neo-con world, values are synony- of terror. the use of nuclear power as an environ- mous with power. The implicit assumption in Our deepening government-to-government mentally-friendly alternative to the use of coal that American security can be bought and relationship is complemented by a rich mosaic and other scarce fossil fuels; and to emulate managed alone, in many cases without allies, of expanding people-to-people ties. In many an Eisenhower-style atoms-for-peace initiative. and without consideration of contrasting inter- ways, the more than 2 million Indian-Ameri- Nevertheless, as strong as the case for this national views or the effect of our policies on cans have become a living bridge between our initiative may be, I remain deeply concerned others. Treaties like a Comprehensive Test two great democracies, bringing together our that the agreement negotiated by the Adminis- Ban, which every President since Eisenhower two peoples, as well as greatly enlarging our tration fundamentally undermines the Nuclear has propounded, have been rejected, as have understanding of one another. Non-Proliferation Treaty (NPT), the linchpin of negotiations to strengthen the verification pro- From a Congressional perspective, it should U.S.led international efforts to stem the spread visions of the Biological Weapons Convention. be underscored that America’s commitment to of nuclear weapons. Now the Administration proposes to weaken this robust and multi-faceted relationship is Administration officials assert that the ex- the NPT, perhaps fatally, which despite its fully bipartisan. As underscored by the debate ceptional treatment being accorded to India is weaknesses has helped limit the number of on this measure, there is virtually no dissent in unique and un-replicable. Once an exception nuclear weapon states to a relative handful in- Washington from the precept that India and to treaty law is made, however, the door is stead of 20 or 30 or even more. the United States should become increasingly opened for a whole spectrum of governments, As much as I support the Administration’s close strategic partners with compelling incen- including close friends and alliance partners, desire to more rapidly advance a warming of tives over time to develop convergent per- to come forward to make comparable claims relations with India, I cannot in good con- spectives on a host of regional and global pol- for special treatment—whether they be Brazil, science support a weakening of the global icy concerns. Egypt, Japan, Saudi Arabia, South Korea, nonproliferation regime or the breaching of By any objective measure, U.S.-India rela- Pakistan, and even Taiwan. United States obligations under international tions have never been on more solid footing. If India were the only consideration, it would law. I therefore cannot support the legislation From new agreements on defense cooperation be a no-brainer to support this agreement. Un- in its current form.

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.096 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5910 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Mr. LANTOS. Mr. Chairman, I am de- when negotiations are concluded con- to our own civil rights movement; that lighted to yield 1 minute to the gentle- tains a promise by India to halt the nonviolence was a strength that again woman from California (Ms. PELOSI), production of fissile material. Such a improved America, and for which we the distinguished Democratic leader, promise would improve the agreement all should be indebted to India and we my friend and neighbor. and go a long way to convincing those should never forget. Ms. PELOSI. Mr. Chairman, I thank who cannot support today’s legislation I also personally join Mr. LANTOS, be- the distinguished gentleman from Cali- that their concerns have been heard cause I know of his history on the sub- fornia for yielding, for his tremendous and that the Bush administration and ject in expressing appreciation to India leadership in making our country the government of India has sought to for its hospitality to His Holiness the strong and respected throughout the respond to them. Dalai Lama, a great leader in the world. The legislation before us clearly en- world. And I am enormously appre- I am pleased to join him in paying dorses the philosophy behind India’s ciative of the fact that his, I don’t tribute to the chairman of the com- nuclear initiative; a judgment that se- want to call it government in exile, but mittee, HENRY HYDE. What a wonderful curity would be promoted by bringing whatever the term of art is, in honor that this bill is named for him. India into the nuclear nonproliferation Darussalam in India. He, too, has been a champion to pro- mainstream. On balance, I believe that The list goes on and on, we can name mote a values-based diplomacy for our judgment to be correct, and I thank them over and over, again whether it is country. We have all fought many you, Mr. LANTOS and Mr. HYDE, for put- again the contributions of the Indo- years with him in support of human ting that balance here. American community, the philosophy rights throughout the world. This is Although not bound by the NPT, that sprang from India that is so im- probably one of the last bills that will India has a strong record of supporting portant to us, or the support for human be completed on issues that relate to nonproliferation goals. They have rights. But on target for today is In- national security and the respect with never ever violated the NPT. India has dia’s commitment, which it has never which we are held in the world. So ap- demonstrated by its actions a commit- violated, to support the principles of the Nuclear Nonproliferation Treaty, propriately, it is named for Mr. HYDE. ment to safeguarding nuclear tech- Both Mr. HYDE and Mr. LANTOS have nology. That commitment will be which although it is not a party to that presented the House with legislation strengthened by India’s adherence to treaty, has been a supporter of its prin- that is a vast improvement, frankly, the Nuclear Suppliers Group guidelines ciples. Again, for that reason, I hope that all over the bill that the President re- and the Missile Technology Control Re- of our colleagues will vote in support of quested earlier this year, and it is a gime guidelines as required by the nu- this legislation so that we can go to tribute to their leadership that we can clear initiative. the next step and that we can go into all come together on this legislation A close relationship with the demo- the future continuing a long and bene- this evening. cratic India is critical for the United States. There is a wide range of signifi- ficial relationship with India for us all. The bill before us establishes a two- Mr. LANTOS. Mr. Chairman, before cant issues on which our shared values step process for the India nuclear yielding time, I want to express my re- and shared interests will enable pro- agreement. It is a process and legisla- gret to all of my colleagues that the ductive collaboration for the better- tion, which I support, that allows Con- stringent requirements will enable me ment of the world. This legislation re- gress to reserve final judgment on the to yield no more than 1 minute to each flects the strength of our current rela- agreement until the specifics are of our speakers. known. It requires that before Congress tionship with India and our hopes for Mr. Chairman, I am very pleased to votes on the agreement, India and the its future. It is an expression of trust yield 1 minute to a distinguished mem- International Atomic Energy Agency on matters relating to nuclear tech- ber of the committee, my good friend will have had to establish a process nology based on 3 decades of experi- from California (Mr. SHERMAN). through which IAEA safeguards will be ence. Mr. SHERMAN. Mr. Chairman, India applied forever to India’s civilian nu- I urge my colleagues to support it. is a democracy that understands the clear facilities, programs and mate- Even though there may be some ques- role of this Congress. They have nego- rials. tions and some amendments which tiated a deal that dramatically loosens Therefore, if an agreement is ulti- may pass or not prevail today, on bal- the controls on their nuclear weapons mately approved, Congress will retain ance, I believe this legislation as pre- program, and they know that it is the the ability to monitor it through the sented here is worthy of our support. role of this Congress to make that deal required annual reports on U.S. non- I hope that the agreement that one step tighter. proliferation policies in South Asia and comes back to us is one that will be Our job is to protect the non- on the implementation of the U.S.- without controversy and will again be proliferation interests of the United India nuclear deal. a reflection of the close bond between States. The job of India is to say that India and America. It was but a week b 1830 any amendment we offer is a ‘‘killer ago when we were all gathered here to amendment.’’ Do not be fooled. They This legislation is important because extend our sympathy to the people and know and they expect that this Con- it recognizes that the prospect of the government of India because of the gress will do its job and make this deal greater nuclear cooperation with a na- tragedy at Mumbai. Many of us ex- one step better when it comes to con- tion that has not signed the Nuclear pressed the love that we have for India trolling nuclear weapons. Nonproliferation Treaty raises serious and appreciation for the gifts that India did not sign the Nuclear Non- concerns. As one who came to Congress India has given to America, a vibrant proliferation Treaty. We should not intent on improving international non- dynamic Indo-American community punish India for becoming a nuclear proliferation regimes, I appreciate which has contributed enormously to power, but this deal in its present form those concerns. One of the most signifi- the economic success of our country facilitates building additional nuclear cant, the issue of the production by and to our competitiveness in the weapons by India. It will allow them to India of fissile material, is addressed world. build twice as many nuclear weapons by an amendment to be offered by the They have also contributed much to per year as they are doing now. gentleman from California (Mr. BER- us in terms of our own social justice. That is why I will be offering an MAN). We owe much to India as the source of amendment that will help India’s civil- The Berman amendment, which I nonviolence as a philosophy, espoused ian nuclear program, without helping support, conditions the provision of nu- and practiced by Mahatma Gandhi. I their military program. clear fuel by the U.S. on a presidential said last week that when Reverend Mr. ROYCE. Mr. Chairman, I yield 1 determination that India has halted Martin Luther King, Jr. and Coretta minute to the gentleman from New fissile material production. But even if Scott King went to India to study non- York (Mr. CROWLEY). the Berman amendment is not adopted, violence, they received a gift from Mr. LANTOS. Mr. Chairman, I am I hope that the agreement that will be India that would serve our country pleased to yield 1 minute to the gen- presented to Congress for approval well and be important and fundamental tleman.

VerDate Aug 31 2005 04:05 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.097 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5911 Mr. CROWLEY. Mr. Chairman, I York (Mr. MEEKS), our distinguished It sets a dangerous precedent. In ex- thank the gentleman from California. colleague. plaining Beijing’s rationale for poten- Mr. Chairman, I rise in strong sup- Mr. MEEKS of New York. Mr. Chair- tially pursuing a deal with Pakistan, port of the India Nuclear Cooperation man, I too want to congratulate Chair- Professor Shen Dingli of China’s Fudan Promotion Act, and I want to com- man HYDE and Ranking Member LAN- University has already argued this. He mend Chairman HYDE and Ranking TOS for the strong bipartisan bill. said, ‘‘If the United States can violate Member LANTOS for the work they put This initiative really talks about and the nuclear rules, then we can violate into crafting this bipartisan legislation reflects confidence in India as a global them also.’’ We should be fighting to that we have before us today. And I strategic partner. You know, the world save what is left of the international would like to thank the current chairs is flat, and we have to have these part- nonproliferation framework, not just of the caucus on India and Indian ners in the world. What this does is, it throwing it away. Americans, Representative GARY ACK- says to India, because it is one of the We should insist that India formally ERMAN from Queens and my good friend world’s largest democracies, that we commit to the goals and restrictions ILEANA ROS-LEHTINEN from Florida for understand and we recognize that. on the international nonproliferation the support they have given to the pas- Also, we have to remember that this framework and sign the Nonprolifera- sage of this agreement. I must also rec- is about civil nuclear power. India has tion Treaty. Short of that, we should ognize the Indian-American commu- over a billion people and we have to at least insist on specific nonprolifera- nity for the incredible advocacy work figure out how we also make sure that tion safeguards, as specified in an they have done to educate Members of we protect and preserve our environ- amendment that I offered, which of ment. So what this does is recognize Congress on the importance of this course was not ruled in order. It would that the production of clean energy can agreement. have required, however, India to com- reduce further pollution of the environ- I want it to be clear that this vote mit to the basic principles consistent ment and decrease dependency on fossil sets the stage for allowing the coopera- with the NPT. Again, unfortunately, fuels. tion, but the actual exchange of civil- this amendment was not made in order. ian nuclear cooperation will not take In fact, if you look at the Indian CO2 emission, a threefold increase in India We should not pass any type of a nu- place until Congress is provided with clear deal, a nuclear, quite frankly the details of the relevant negotiations nuclear capacity by 2015 would result business deal, without these safe- and takes a second up-or-down vote. in a reduction of over 170 million tons guards. I don’t think we should throw We will be taking an historic step in annually, or approximately the total them away. We need to go back to the our relations today by passing this current CO2 emissions of the Nether- agreement. This is about nuclear power lands. So I strongly support this bill. drawing board and we need to make access, not nuclear weapons enhance- Mr. LANTOS. Mr. Chairman, I am sure that international nonprolifera- ment. By passing this agreement, we very pleased to yield the balance of my tion goals are adhered to. will be bringing an India that has re- time to my good friend from Cali- mained outside the nonproliferation re- fornia, Congresswoman BARBARA LEE. b 1845 gime for the past 32 years under the The Acting CHAIRMAN (Mr. GUT- Mr. ROYCE. Mr. Chairman, you nonproliferation tent. KNECHT). The gentlewoman from Cali- 1 know, while the United States is, in Some of my colleagues have argued fornia is recognized for 2 ⁄2 minutes. fact, leading the way on this agree- Ms. LEE. Mr. Chairman, I want to we are destroying the Nuclear Non- ment, it is a multilateral agreement in thank the gentleman for yielding and proliferation Treaty, also known as the the sense that the NSG, 45 nations, for his leadership and for really NPT, by passing this agreement. But must concur with this agreement; and while I have the deepest respect for the crafting a bill that I think is much bet- ter than what it was prior to the hear- Congress must approve a nuclear co- treaty and those who support it, we operation agreement that the adminis- must be realistic in understanding why ing, but I must rise to oppose this bill. I had the privilege to visit India a tration is negotiating with India before this deal needs to be done. technology is actually transferred. India cannot sign the NPT unless it few years ago with Mr. CROWLEY, and I So I also want to make the point were to give up its nuclear weapons, witnessed firsthand the brilliance, the here that Congress is going to have a which is unrealistic to ask a nation spirit, and the commitment to democ- second crack at this agreement when it who finds themselves surrounded by racy of the Indian people. And like comes back. But here is the choice that nuclear-armed nations they have many of my colleagues, I strongly be- we face: Either we continue to try to fought wars against. India has been lieve that it is in our country’s best in- box in India and hope for the best, or punished for the past 32 years for test- terest to strengthen our relationship we make this move, we engage India, ing a nuclear weapon, and during these with India. But to suggest that we can and we hope to use our influence to 32 years of NPT limbo they have not only do so at the expense of the inter- move this increasingly important externally proliferated, while remain- national nonproliferation standards, as ing a true democracy with a strong this legislation before us would, I think country in our direction. And this will rule of law. that is both dishonest and it is dan- help make India a true partner, a true We need to use India as an example of gerous. partner as we enter what will be a dec- what a nation should be doing to gain Let us be clear. This is not about ades-long struggle, I fear, against the respect and inclusion by the inter- India. As far as I am concerned, there Islamist terrorism. national community. I urge my col- is no country, and I mean no country, This is not an ideal agreement, and leagues to end India’s nuclear isolation for which it would be acceptable to sac- the administration should be more ag- and allow them to be brought into the rifice our international standards. The gressively pursuing an international nonproliferation tent with the rest of problem with the deal, as it is cur- fissile material cutoff. But this agree- the responsible states who seek safe rently written, is that it will do lasting ment is a good one which works and efficient civilian nuclear tech- harm to more than 30 years of inter- through a difficult nonproliferation nology. national efforts to stop the spread of situation to strengthen an important I support this legislation because I nuclear weapons. relationship for us. support the relationship that our two This deal creates a double standard That is why I ask my colleagues to countries should and will be sharing. If that undermines our efforts with coun- approve this legislation. Frankly, it is we expect India to be our ally in the tries like Iran and North Korea from a chance to strengthen an important 21st century, we must treat them as an developing nuclear weapons. It creates relationship for us at a time when we equal, which is what this cooperation incentives for withdrawing from the need more strong relationships, espe- will provide. I trust my colleagues will Nuclear Nonproliferation Treaty. Why cially with regional powers such as recognize what our future with India have countries like Brazil and South India; and, I will remind my colleagues, holds and vote for final passage of this Korea spent all these years playing by it strengthens a relationship with a de- legislation. the rules and not building nuclear mocracy, based on the rule of law, a de- Mr. LANTOS. Mr. Chairman, I yield 1 weapons in exchange for civilian tech- mocracy that has a good record on non- minute to the gentleman from New nology when India gets both? proliferation.

VerDate Aug 31 2005 05:45 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.100 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5912 CONGRESSIONAL RECORD — HOUSE July 26, 2006 This deal is controversial in India. without ensuring that India first cease its do- I urge my colleagues to stand up for non- The coalition government of Prime mestic production. It would therefore allow proliferation and join me in voting ‘‘no.’’ Minister Singh has come under intense India to use U.S.-provided uranium for its civil- Mr. BLUMENAUER. Mr. Chairman, having attack from the political extremes and ian programs, while diverting all of its domes- visited India following the Southeast Asia tsu- from political opponents. He has been tic production of uranium to the development nami, I am more convinced than ever of the charged with selling out India, opening of nuclear weapons. If India chose to divert its benefits of a stronger U.S.-India partnership. its nuclear facilities to international domestic material to its military programs, There is no relationship more important than inspection, agreeing to check India’s some commentators have estimated that it that between the world’s largest democracy, nuclear weapons production. could build an additional 50 nuclear weapons India, and the world’s oldest democracy, the So far the center has held. Let’s not every year. United States. I believe that, as the world’s deliver India’s Marxist and xenophobic This bill could thus fuel an already accel- largest democracy and a responsible regional forces a victory. They would like us to erating arms race in South Asia. India and power, India deserves a permanent seat on kill this deal. Let’s pass this legisla- Pakistan have engaged in intermittent hos- the UN Security Council. Support for such an tion. As Chairman HYDE argued and as tilities for years, and both already have nu- arrangement would have been a sensible cen- the ranking member explained, let’s clear weapons. Adding hundreds of new nu- terpiece to a new strategic partnership. pass this legislation. Let the adminis- clear weapons to this equation will unaccept- However, I am skeptical about elements of tration negotiate a nuclear sharing ably increase the risk of a nuclear exchange. the proposed nuclear cooperation agreement agreement with India, and then look Pakistan has already hinted that it would in- between the U.S. and India. I am particularly again and decide whether or not to pro- crease its production of nuclear weapons if concerned that this attempt to create an ex- ceed. this agreement is approved. We must do all in ception to international nonproliferation norms I urge my colleagues to support this our power to stop this train while it is still in for India may make our efforts in Iran more legislation. the station. difficult, or even encourage other countries to Ms. HARMAN. Mr. Chairman, I oppose the I am sympathetic to India’s needs for clean, make their own exceptions to the rules for as- India Nuclear Cooperation Promotion Act affordable power. I also recognize that India is sistance to the supposedly civilian nuclear pro- (H.R. 5682). The bill has substantially im- a crucial ally of the United States. But we can- grams of less responsible countries. proved since it was first introduced in this not allow an arms race to spiral out of control. I am pleased that the legislation crafted by body, but it still has a long way to go. I am Both India and the administration have time the leadership of our House International Re- particularly concerned about the failure of the to allay these concerns before Congress will lations Committee minimizes the risks associ- bill to slow down a potentially catastrophic hold its final vote on this agreement. I look for- ated with this agreement and provides for arms race in South Asia. ward to reviewing the President’s report, and close congressional oversight, though I sup- This bill would allow the President to enter will withhold final judgment on this agreement port additional amendments to strengthen it. I into a nuclear cooperation agreement with until then. do not wish to stand in the way of this legisla- Mr. STARK. Mr. Chairman, I rise in opposi- India, the world’s largest democracy and an tion’s progress and intend to follow develop- tion to H.R. 5682, the United States and India important strategic ally of the United States. ments closely for the up-or-down vote that this Nuclear Cooperation Promotion Act. Under the proposed agreement, the United Were India to sign the Nuclear Nonprolifera- bill authorizes. States would transfer fissile material and nu- tion Treaty (NPT), the primary international I believe that the more pressing issue is de- clear technology to India in exchange for In- tool for limiting the proliferation of nuclear veloping an effective strategy for cooperation dia’s promise to separate its civilian and mili- weapons, I would gladly support the agree- to address India’s growing energy needs. In- tary nuclear programs, subject its civilian pro- ment. My district is home to a large Indian- creased reliance on nuclear energy will only grams to a host of international inspections American population, whose opinions I value have a marginal impact on India’s consump- and controls, and continue its moratorium on and whose support I have long enjoyed. I re- tion of fossil fuels and levels of global warming nuclear weapons testing. gret having to disagree with many of them pollution emitted. To make an immediate im- As is an all too common habit of this admin- today. pact, we should be helping India with con- istration, the key parameters of this agreement But I am—and have always been—an ar- servation, renewable energy technologies, and were negotiated with little or no congressional dent proponent of nuclear nonproliferation. I strategies to reduce pollution such as coal input. Congress was forced to add in protec- believe that the fewer nuclear weapons that gasification. tions against proliferation of nuclear tech- exist in the world, the better. Unfortunately, Mr. CARDIN. Mr. Chairman, I rise in support nology and to ensure nuclear safety largely America’s unilateral agreement will encourage of H.R. 5682, the U.S. and India Nuclear Co- after the fact. an arms race on the Indian subcontinent, pro- operation Promotion Act. To this end, the House International Rela- mote weak export controls around the world, India is the largest democracy in the world tions Committee has done an outstanding job and undermine the NPT. today, and is rightly viewed as an emerging in reasserting Congress’ constitutional prerog- This week, it was revealed that Pakistan is global power in the 21st century. I was atives. Thanks to the hard work of the Com- constructing a new plutonium-production reac- pleased to listen to Indian Prime Minister mittee, the bill now requires that the President tor that will massively increase its bomb-mak- Manmohan Singh address a Joint Session of report to Congress on the progress that India ing capacity. Rather than adding fuel to the Congress in July 2005 and describe his vision has taken toward separating its civilian and fire by offering India a deal that will allow and of future cooperation between India and the military programs, toward placing its civilian encourage it to also increase weapons pro- United States. I will continue to encourage our programs under international supervision, oth- duction, the United States should work to end government to strengthen our ties to India, in erwise living up to its end of the bargain. Con- the production of all fissile material in South areas such as high-technology, immigration, gress then must vote to grant the President Asia. trade, space, and the military. the authority to enter into this agreement. I A unilateral agreement with India could also Today the United States and India can take welcome these improvements. undermine the cohesiveness of the Nuclear an important step to lay the foundation for our I also commend Congressman HOWARD Suppliers Group. If the United States exempts countries to greatly expand nuclear research, BERMAN for his tireless efforts to give arms India from nuclear nonproliferation controls, nuclear power, and nonproliferation coopera- control protections in the agreement some China would likely feel it appropriate to make tion with each other. India is facing enormous teeth. Mr. BERMAN was instrumental in adding a similar agreement and export civilian nuclear challenges in providing sufficient energy to its provisions that would automatically cease U.S. technology to Iran or North Korea. growing population. India has more people liv- transfers of fissile material if India transferred I am aware that as part of the agreement, ing in abject poverty than do Latin America missile or nuclear technology to third parties in India has opted to allow some of its reactors and Africa combined. violation of the Missile Technology Control Re- to be inspected. This concession, however, is This legislation establishes a two-step proc- gime or the Nuclear Suppliers Group regula- largely symbolic. The reactors that will con- ess under which the United States may enter tions. These provisions are vital to ensuring tinue to be off limits could make more pluto- into a nuclear cooperation agreement with that U.S. nuclear technology and materials do nium for weapons than India will ever need. India. I am pleased that the Committee on not end up in the hands of terrorists or rogue Furthermore, the precedent of working outside International Relations has significantly nations. the NPT is dangerous. If India can secure the amended this legislation, as compared to the But as far as this bill has come, it has not benefits of NPT membership without adhering version initially proposed by the Administra- come far enough. The bill still allows the to the treaty’s limitations, other countries will tion. The legislation today preserves the im- President to transfer fissile material to India have little incentive to remain in the NPT. portant oversight role of Congress. Under this

VerDate Aug 31 2005 05:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.102 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5913 legislation, the President must make a number The United States was instrumental in cre- not help any state in the world increase its of determinations before India can be exempt- ating the NPT, and now is not the time to stop stockpile of nuclear weapons, especially at a ed from restrictions contained in the Atomic our leadership on this important issue. The time when we are reducing our own stockpile. Energy Act of 1954 (AEA). Most notably, the United States should not send the wrong mes- I am also concerned that this legislation President must determine that India has pro- sage to the global community. We must con- does not require that all of India’s nuclear re- vided the International Atomic Energy Agency tinue to be a leader on nuclear non-prolifera- actors be placed under international safe- (IAEA) with a credible plan to separate civilian tion if we hope to prevent Iran, North Korea, guards. That means that some of India’s reac- and military nuclear programs, and that India or others from acquiring nuclear weapons. tors will be used for military purposes and kept and the IAEA have concluded an agreement During the 2004 presidential campaign, both outside safeguards and the nonproliferation re- requiring the permanent application of IAEA President Bush and Senator KERRY agreed on gime. The whole purpose of safeguards is to safeguards to India’s civil nuclear facilities. one thing: nuclear proliferation and nuclear ensure that fissile material is not diverted to Once the President has made the deter- terrorism are the gravest threat that our coun- build nuclear weapons secretly. We need full minations required by this legislation, Con- try faces. The threat of nuclear terrorism is un- scope safeguards on all of India’s reactors to gress must approve a joint resolution to ratify derscored today because of the recent actions ensure that U.S. technology or nuclear mate- the final negotiated text of a nuclear coopera- of Iran and the continued work by North Korea rial is not being diverted for military purposes. tion agreement with India. I also support the to develop nuclear technology. provision in the bill that requires additional That is why we need to be doing more to In effect, we would be giving approval to the consultation between the Administration and strengthen and support the international nu- existence of undeclared, uninspected produc- Congress, including regular detailed reports on clear non-proliferation structure, not weaken it. tion of fissile material. nonproliferation matters and the implementa- Some non-proliferation experts have raised Further, India is not required to classify her tion of this agreement. concerns that this bill would violate Article I of new reactors as civilian rather than military. I look forward to working with the Adminis- the NPT. Additionally this bill would create an Some have argued that nuclear cooperation is tration to implement this nuclear cooperation exception to the rule, and thereby create a needed to help meet India’s growing energy program between the United States and India, new rule. needs. If that is the case then every single consistent with this legislation and the intent of I have been impressed by India and I do be- new reactor should be civilian energy pro- Congress. lieve that she has been one of the most re- Mr. HOLT. Mr. Chairman, I rise today to op- ducing facilities. We should be doing more to sponsible nuclear states in the world. And un- discourage India from expanding her military pose H.R. 5682. I do this reluctantly, because like her neighbor, India has not engaged in I am a strong supporter of India. But I cannot nuclear program, rather than making it easier. wholesale proliferation of nuclear technology. turn my back on my life’s work on nuclear The bill before us today would make This bill makes some improvements on the non-proliferation. changes to the Atomic Energy Act which legislation that the Administration submitted, Prior to coming to Congress, I worked at the would allow for the transfer of U.S. nuclear and I am glad that some of my colleagues U.S. Department of State as an arms control who share my concerns tried to improve it. expert. I spent each day there trying to reduce technology and material to India. This would be the first time the conditions for nuclear co- Yet, even with these changes I do not think it the threat our nation faced from proliferation of wise to shred one of the few nonproliferation nuclear weapons. I also learned first hand how operation in the Act were changed for an indi- vidual state. We should not make these instruments we have. I am sorry that before effectively the international non-proliferation they came to us the Administration did not ne- regime monitors existing nuclear states and changes lightly. We need to understand the implications of what we are doing for the inter- gotiate a better agreement which would not prevents sensitive nuclear technology from jeopardize decades of nonproliferation work. I falling into the wrong hands. I also worked for national nuclear non-proliferation regime. As well, we must also be clear. This is not am also sorry we have not approached this 10 years at the Princeton Plasma Physics the final vote the House will take on this im- matter to obtain the active partnership of such Laboratory to research and develop fusion en- a respected and important country as India in ergy, because it would be an abundant source portant issue. Under the provisions contained in this bill, Congress will again have to review the effort to prevent nuclear proliferation of energy that would not lead to the prolifera- around the world. India teamed with us and tion of nuclear weapons. and vote to support nuclear cooperation once I am also a lifelong supporter of India. In the final text of the cooperation agreement is other countries could be a most influential fact, I first traveled to India more than 30 finalized. For that reason, I remain unsure why leader in reducing the threat of nuclear weap- years ago. When I came to Congress, the first Congress is considering or approving these ons around the world. I remain convinced that caucus I joined was the Congressional Cau- significant changes to our nuclear non-pro- nuclear cooperation could be achieved with cus on India and Indian-Americans. Since liferation structure. The Nuclear Suppliers India, however this is not the proper way to do then, my interest in India and my respect for Group still needs to give its approval to this so. its citizens have only grown. That is why I be- proposed nuclear cooperation agreement. As For these reasons, I cannot support this bill lieve it is essential that our nation increase its well, India needs to complete its negotiations which would undermine the NPT and our na- cooperation with India. with the International Atomic Energy Agency tion’s long history of nuclear nonproliferation. I India is our friend and a strong ally. The ties on a new safeguards agreement. These are would oppose this deal if it was with any coun- that bind our nations go to the core of our not just minor points, not just iotas in the try outside of the NPT because I would have democratic values. India is the world’s largest agreement. They are central to the issue. the same concerns. But I also know that de- democracy, she possesses a vibrant econ- What would be wrong with waiting for the final spite my vote on this bill it will be approved by omy, and she has an unwavering commitment text to be negotiated and these important wide margins. I hope I am proven wrong, that to ending terrorism. America is fortunate to steps to be taken before we change our na- this bill will not undermine our nation’s non- have an ally that shares our common vision tion’s laws to allow for nuclear material trans- proliferation efforts, but I regret that I cannot and we need to grow our relationship by in- fer? see how that can be. creasing cooperation on other economic, edu- That said, I remain troubled that providing cational, and security concerns. But I have nuclear technology to India would create a Mr. JINDAL. Mr. Chairman, I rise to speak strong reservations about making individual double standard. Historically, the United in support of H.R. 5682, the United States and exceptions in our nation’s laws for nuclear ex- States has only provided nuclear technology India Nuclear Cooperation Promotion Act of port to India or any other state. to states that are parties to the NPT. This bill 2006. The bill would facilitate the sharing of ci- The non-proliferation regime we have is far would allow for cooperation with India, despite vilian nuclear technology in an attempt to de- from perfect, but it has proven to be remark- the fact the India has not signed or ratified the crease competition for scarce energy re- ably successful in deterring the spread of nu- NPT, and had previously developed a secret sources and strengthen relations between the clear material. The Nuclear Nonproliferation nuclear weapons program. two nations. Treaty (NPT) of 1970 is the centerpiece of Additionally, I am worried that this legislation With the receding of the global divisions es- international nuclear nonproliferation structure. does not require India to cap or even limit its tablished during the Cold War era, there has The NPT ensured that today we are dealing fissile material production. The United States, been increasing recognition that significant with only a handful of problematic states, such the United Kingdom, Russia, and France have benefits can be obtained from closer coopera- as Iran, rather than the dozens of nuclear all publicly announced that they are no longer tion between the U.S. and India. H.R. 5682 re- states that might have existed otherwise. producing fissile material for military use. Even flects broad agreement that peaceful nuclear These historical successes highlight the es- China is believed to have stopped producing cooperation with India can serve U.S. foreign sential role that the international non-prolifera- fissile material. Without a requirement to limit policy and national security objectives and tion regime has played and why it must not be fissile material production, the United States is also minimize potential risks to the non- undermined. tacitly endorsing further production. We should proliferation regime. This ranges from shared

VerDate Aug 31 2005 05:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.074 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5914 CONGRESSIONAL RECORD — HOUSE July 26, 2006 strategic interests, such as enhanced stability and nonproliferation cooperation with India some of its energy needs to continue to grow and security in South Asia and the inter- that would allow full trade in civil nuclear en- her economy and lower the use of coal burn- national system as a whole, to more specific ergy. In exchange for such trade, India has ing power plants. priorities, such as combating global terrorism. agreed to separate its military and civilian nu- We cannot forget about our Indian American Today, the chief threat to our security and clear programs over the next eight years, plac- citizens during our talks of a nuclear coopera- the security of our allies worldwide is posed by ing 14 of its 22 reactors under permanent tion with India. There are about two million In- violent acts of terrorism by extremists and international safeguards, as well as all future dian Americans living in the United States and rogue nations engaged in nuclear experimen- civilian thermal and breeder reactors. It has the majority of them support this nuclear deal. tation to the detriment of the principles of free- also agreed to maintain its unilateral morato- We must let the Indian American community dom worldwide. As we witnessed recently by rium on nuclear testing and to work with the know that we hear them, we stand with them, the bombing of Mumbai’s subway system ear- United States toward a fissile material cutoff and are both working towards the mutual lier this month, global terrorism is a threat that treaty. goals of democracy. This deal will strengthen India shares with the United States. We need Mr. Chairman, the United States should our long term relationship with India in hopes India’s ongoing partnership in the fight against seize this opportunity to forge a strategic alli- that they will continue to be one of our strong- terrorism. Furthermore, by engaging in this ance with India to expand civil nuclear energy est allies in the War on Terrorism. This agree- agreement with India, we are able to strength- production in that country. In closing, I thank ment will benefit the United States as well as en the international nonproliferation regime by the leadership for allowing this legislation to India in monitoring nuclear weapons in helping placing a majority of India’s nuclear plants come to the floor today and urge an aye vote. to stabilize our world’s economy and safety under international inspection. This is a more Ms. JACKSON-LEE of Texas. Mr. Chair- and I urge my colleagues to support this bill. practical and realistic shift in U.S. nuclear pol- man, I rise in support of the United States and I will be introducing an amendment that icy that should be viewed as a victory for non- India Nuclear Cooperation Promotion Act of urges Congress to continue its policies of en- proliferation advocates compared to our pre- 2006. With the receding of the Cold War’s gagement, collaborations, and exchanges with vious policy of forced abandonment which global divisions and the new realities of India and Pakistan. My bipartisan amendment yielded little towards achieving greater inter- globalization and trans-national terrorism, for is consistent with many U.S. foreign policy ob- national security. more than a decade there has been increas- jectives. It will also draw the United States For our own sake, if for no other reason, it ing recognition in both countries of the signifi- closer to this vitally important and strategic de- is imperative that we help countries like India cant benefits to be obtained from closer co- mocracy. and China curb their increasing consumption operation across a broad spectrum. To that Mr. KNOLLENBERG. Mr. Chairman, I sup- of oil and natural gas for domestic and com- end, on July 15, 2005 President Bush and port the legislation before the House of Rep- mercial use. This, in turn, will help us curtail Prime Minister Manmohan Singh issued a joint resentatives today, H.R. 5682, the United the cost of oil and natural gas, while helping statement announcing a ‘‘global partnership’’ States and India Nuclear Cooperation Pro- India develop its own nuclear power sources between the two countries that embraces co- motion Act of 2006. A civil nuclear cooperation sufficient to meet their growing demand. The operation across a wide range of subjects. agreement will make citizens of America and result is that prices worldwide will decrease as I am in support of this bill because this leg- India more safe and secure, while providing overall supply of oil and natural gas increase, islation reflects broad agreement consensus increased stability around the world. thus helping our own economy by preserving among Members of Congress that peaceful Since coming to Congress, I have felt that many of the industries that have been forced nuclear cooperation with India can serve mul- it is appropriate for the United States and to close their doors because of high produc- tiple U.S. foreign policy objectives, but must India to have a close relationship. Last year, tion costs. be approached in a manner that minimizes po- when President Bush and Indian Prime Min- Our relationship with India is unique—the tential risks to the nonproliferation regime. ister Singh announced that the two countries United States and India are the oldest and Among the most important considerations are would seek cooperation on its civil nuclear largest democracies in the world. While we ensuring that Nuclear Suppliers Group (NSG) programs, I was immediately encouraged and cannot foresee that China will share common guidelines and consensus decision-making are supportive of their efforts. The improved rela- political principles in the near future, because upheld and that a U.S. nuclear cooperation tions stemming from this agreement will lead India’s history is rooted in Democracy they are agreement and subsequent U.S. nuclear ex- to untold benefits for the American and Indian an ideal partner for achieving our goals of cre- ports are consistent with decisions, policies, people and enhance our mutual interests. ating international and economic security. and guidelines of the NSG. Equally important The U.S.-India relationship is strong and Passing H.R. 5682 is an important step toward is the need to ensure that U.S. cooperation growing stronger because of our shared prin- cementing the great strides we have made in does not assist the Indian nuclear weapons ciples and goals. We remain the two largest the past year in establishing this strategic part- program directly, or indirectly, in order to avoid democracies in the world, committed to polit- nership. contributing to a nuclear arms race in South ical freedom protected by a representative Mr. TOM DAVIS of Virginia. Mr. Chairman, Asia and because of U.S. obligations under government, and we share a commitment to I rise today in support of H.R. 5682, the the Nonproliferation of Nuclear Weapons free-market principles. These principles—bol- United States and India Nuclear Cooperation (NPT). stered by one of the world’s largest consumer Promotion Act. There are two other noteworthy provisions markets and a growing skilled labor force— India is a strategic friend and ally of the in this bill which I consider very crucial in the have helped India in its development into a United States. Indian Americans have made United States’ relationship with India regarding global economic power. an indelible mark upon the culture and diver- nuclear weapons. The bill contains reporting However, that growing economy depends sity of our nation and I was proud to sponsor requirements and a provision that calls for ter- on energy. Nuclear energy, unlike other en- H. Res. 227 that recognized the contributions mination of exports in the event of violations of ergy sources, is truly a ‘‘green’’ energy source. of Indian Americans to our nation, which the certain commitments and seeks to uphold ex- It does not emit any carbon dioxide emissions House passed earlier this year. isting statutory Congressional oversight of or greenhouse gases. It also requires less ge- India and the United States have a strong U.S. nuclear cooperation and exports. At a ographic area to produce energy than other history of cooperation. Directly after the Sep- time when the world appears to be consid- energy sources. Nuclear power is under-uti- tember 11, 2001 terrorist attacks, India was ering nuclear energy as a viable and desirable lized and we should promote, not hamper, its one of the first countries to offer immediate aid alternative to carbon-based energy sources, growth. to the United States. As the two largest plural- oversight of its expansion is crucial. Since the establishment of the Indian nu- istic, free-market democracies in the world, it The President took a bold step by cutting a clear program in 1974, there has been no is only natural for the United States and India deal with India on nuclear cooperation and it international oversight of India’s nuclear pro- to seek to strengthen our bilateral relationship. is now up to Congress to make the necessary gram. A civilian nuclear cooperation agree- Last July, President Bush and Prime Min- fixes without undermining the deal. India has ment will provide India with much of the en- ister Sing issued a Joint Statement declaring proven itself deserving of an understanding of ergy it needs while also bringing their civilian a new era of respect, reciprocity and coopera- cooperation with the United States regarding nuclear program under international review. tion, spanning the fields of high technology, nuclear weapons. India has been punished for With this agreement, the majority of India’s ci- space exploration, counter-terrorism, defense the last thirty-two years, but over that time vilian program will be under supervision of the cooperation and energy security. they have shown a responsible foreign policy, International Atomic Energy Agency. This legislation lays the statutory foundation and a commitment to democracy and rule of We always must be mindful of nuclear pro- to expand nuclear research, nuclear power law. This deal would also provide India with liferation and nuclear materials falling into the

VerDate Aug 31 2005 05:14 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.077 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5915 wrong hands. The Indian government remains non-proliferation regime, not collaborating with bility or other weapons of mass destruction ca- committed to peace and stability in the region India to destroy it. pability and the means to deliver such weapons; and the world and they realize the danger of Mr. ROYCE. Mr. Chairman, I yield and back the balance of my time. (7)(A) India meets the criteria described in allowing the proliferation of nuclear technology this subsection; and and material. The Acting CHAIRMAN (Mr. GUT- (B) it is in the national security interest of the Sadly, this danger is all too real to the peo- KNECHT). All time for general debate United States to deepen its relationship with ple of India because—like the U.S.—India has has expired. India across a full range of issues, including not been immune to terror attacks. The train Pursuant to the rule, the amendment peaceful nuclear cooperation. bombing earlier this month and the attack on in the nature of a substitute printed in SEC. 3. STATEMENTS OF POLICY. their parliament 5 years ago remains a con- the bill, modified by the amendment (a) IN GENERAL.—The following shall be the stant reminder of terror and has forced them printed in part A of House Report 109– policies of the United States: to reevaluate their civilian nuclear program 599, is adopted. The bill, as amended, (1) Oppose the development of a capability to and their status in the international community. shall be considered as an original bill produce nuclear weapons by any non-nuclear Mr. Chairman, H.R. 5682 will strengthen the for the purpose of further amendment weapon state, within or outside of the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.-India relationship, promote a clean en- under the 5-minute rule and shall be UST 483; commonly referred to as the ‘‘Nuclear ergy source, and make global nuclear mate- considered read. Non-Proliferation Treaty’’ or the ‘‘NPT’’). rials more secure. For all these reasons, I The text of the bill, as amended, is as (2) Encourage states party to the NPT to in- strongly support the bill and encourage my follows: terpret the right to ‘‘develop research, produc- colleagues to do so as well. H.R. 5682 tion and use of nuclear energy for peaceful pur- poses’’, as described in Article IV of the NPT, as Mr. FOLEY. Mr. Chairman, I rise in strong Be it enacted by the Senate and House of Rep- being a qualified right that is conditioned by the support of H.R. 5682, the U.S. and India Nu- resentatives of the United States of America in overall purpose of the NPT to prevent the clear Cooperation Promotion Act. At a time Congress assembled, when world energy reserves and production spread of nuclear weapons and nuclear weapons SECTION 1. SHORT TITLE. capability, including by refraining from all nu- are just barely keeping up with current capac- This Act may be cited as the ‘‘United States clear cooperation with any state party that has ity, I believe that this bill is the right policy for and India Nuclear Cooperation Promotion Act not demonstrated that it is in full compliance both our countries. of 2006’’. with its NPT obligations, as determined by the India is currently the sixth largest energy SEC. 2. SENSE OF CONGRESS. IAEA. consumer in the world and continues to grow It is the sense of Congress that— (3) Strengthen the Nuclear Suppliers Group exponentially in its population. With only 3 per- (1) preventing the proliferation of nuclear guidelines concerning consultation by members cent of India’s energy consumption being de- weapons, other weapons of mass destruction, regarding violations of supplier and recipient rived from nuclear energy, it is depending the means to produce them, and the means to understandings by instituting the practice of a deliver them are critical objectives for United timely and coordinated response by NSG mem- heavily on foreign energy sources. By helping States foreign policy; bers to all such violations, including termi- India with its civilian nuclear power industry, (2) sustaining the NPT and strengthening its nation of nuclear transfers to an involved re- and thereby reducing its dependency on other implementation, particularly its verification and cipient, that discourages individual NSG mem- fuel sources, Americans ultimately should ex- compliance, is the keystone of United States bers from continuing cooperation with such re- perience lower energy costs as available fuel nonproliferation policy; cipient until such time as a consensus regarding sources increase. (3) the NPT has been a significant success in a coordinated response has been achieved. This bill also will further strengthen India’s preventing the acquisition of nuclear weapons (b) WITH RESPECT TO SOUTH ASIA.—The fol- commitment to nuclear nonproliferation. India capabilities and maintaining a stable inter- lowing shall be the policies of the United States has committed to following International Atom- national security situation; with respect to South Asia: (4) countries that have never become a party (1) Achieve a moratorium on the production of ic Energy Agency safeguards, allowing for ad- to the NPT and remain outside that treaty’s fissile material for nuclear explosive purposes by ditional inspections, and has produced a plan legal regime pose a potential challenge to the India, Pakistan, and the People’s Republic of to separate its civilian and military nuclear fa- achievement of the overall goals of global non- China at the earliest possible date. cilities. proliferation, because those countries have not (2) Achieve, at the earliest possible date, the In this uncertain world, and with India in the undertaken the NPT’s international obligation conclusion and implementation of a treaty ban- middle of a volatile region, it is imperative that to prohibit the spread of dangerous nuclear ning the production of fissile material for nu- the world’s largest democracy have access to technologies; clear weapons to which both the United States a constant and inexpensive source of energy. (5) it is in the interest of the United States to and India become parties. the fullest extent possible to ensure that those (3) Secure India’s— Mr. Chairman, I believe this legislation will countries that are not NPT members are respon- (A) full participation in the Proliferation Se- help solidify our ongoing and deepening rela- sible with any nuclear technology they develop; curity Initiative; tionship with our friends in India and I urge all (6) it may be in the interest of the United (B) formal commitment to the Statement of of my colleagues to support it. States to enter into an agreement for nuclear co- Interdiction Principles; Mr. HOLT. Mr. Chairman, there will be a operation as set forth in section 123 of the Atom- (C) public announcement of its decision to time when the history of the spread of nuclear ic Energy Act of 1954 (42 U.S.C. 2153) with a conform its export control laws, regulations, and weapons of mass destruction is written and country that has never been an NPT member policies with the Australia Group and with the we will look back and see when the last with respect to civilian nuclear technology if— Guidelines, Procedures, Criteria, and Control thread of the nuclear non-proliferation regime (A) the country has demonstrated responsible Lists of the Wassennaar Arrangement; behavior with respect to the nonproliferation of (D) demonstration of satisfactory progress to- was shredded. We can all talk at length about technology related to weapons of mass destruc- ward implementing the decision described in the details of this cooperative agreement. We tion programs and the means to deliver them; subparagraph (C); and can talk about what a good friend India is and (B) the country has a functioning and unin- (E) ratification of or accession to the Conven- how responsible they have been. We can talk terrupted democratic system of government, has tion on Supplementary Compensation for Nu- about the so-called reality of an imperfect abil- a foreign policy that is congruent to that of the clear Damage, done at Vienna on September 12, ity to control the militarization of nuclear reac- United States, and is working with the United 1997. tions. But the history will say that with this States in key foreign policy initiatives related to (4) Secure India’s full and active participation agreement the world lost the last bit of an non-proliferation; in United States efforts to dissuade, isolate, (C) such cooperation induces the country to and, if necessary, sanction and contain Iran for international tool to control the spread of nu- implement the highest possible protections its efforts to acquire weapons of mass destruc- clear weapons of mass destruction. The re- against the proliferation of technology related tion, including a nuclear weapons capability gime will have been killed. All we will have left to weapons of mass destruction programs and (including the capability to enrich or process is our ability to jawbone with our allies and the means to deliver them, and to refrain from nuclear materials), and the means to deliver threaten our enemies. Countries will work out actions that would further the development of weapons of mass destruction. whatever deals they can, two by two. This is its nuclear weapons program; and (5) Seek to halt the increase of nuclear weap- a very dangerous moment. (D) such cooperation will induce the country on arsenals in South Asia, and to promote their If we really believe that nuclear proliferation to give greater political and material support to reduction and eventual elimination. the achievement of United States global and re- (6) To ensure that spent fuel generated in In- and loose nukes are the greatest threat to gional nonproliferation objectives, especially dia’s civilian nuclear power reactors is not world peace and security, as I do, then we with respect to dissuading, isolating, and, if transferred to the United States except pursuant should be holding on to every tool we can find necessary, sanctioning and containing states to the Congressional review procedures required to prevent that threat. We should also be that sponsor terrorism and terrorist groups, that under section 131 f. of the Atomic Energy Act of working with India to strengthen the nuclear are seeking to acquire a nuclear weapons capa- 1954 (42 U.S.C. 2160 f.).

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JY7.045 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5916 CONGRESSIONAL RECORD — HOUSE July 26, 2006 (7) Pending implementation of a multilateral the House of Representatives and the Committee nuclear facility or unsafeguarded nuclear weap- moratorium, encourage India not to increase its on Foreign Relations of the Senate information ons-related complex, or for any activity related production of fissile material at unsafeguarded concerning any determination made pursuant to to the research, development, testing, or manu- nuclear facilities. subsection (b), together with a report detailing facture of nuclear explosive devices; and SEC. 4. WAIVER AUTHORITY AND CONGRES- the basis for the determination. (iii) the provision of nuclear fuel in such a SIONAL APPROVAL. (2) INFORMATION TO BE INCLUDED.—To the manner as to facilitate the increased production (a) IN GENERAL.—Notwithstanding any other fullest extent available to the United States, the of highly-enriched uranium or plutonium in provision of law, if the President makes the de- information referred to in paragraph (1) shall unsafeguarded nuclear facilities. termination described in subsection (b), the include the following: (d) RESTRICTIONS ON NUCLEAR TRANSFERS TO President may— (A) A summary of the plan provided by India INDIA.— (1) exempt a proposed agreement for nuclear to the United States and the IAEA to separate (1) IN GENERAL.—Pursuant to the obligations cooperation with India (arranged pursuant to India’s civil and military nuclear facilities, ma- of the United States under Article I of the NPT, section 123 of the Atomic Energy Act of 1954 (42 terials, and programs, and the declaration made nothing in this Act, or any agreement pursuant U.S.C. 2153)) from the requirement in section 123 by India to the IAEA identifying India’s civil to this Act, shall be interpreted as permitting a.(2) of such Act, and such agreement for co- facilities to be placed under IAEA safeguards, any civil nuclear cooperation between the operation may only enter into force in accord- including an analysis of the credibility of such United States and India that would in any way ance with subsection (f); plan and declaration, together with copies of assist, encourage, or induce India to manufac- (2) waive the application of section 128 of the the plan and declaration. ture or otherwise acquire nuclear weapons or Atomic Energy Act of 1954 (42 U.S.C. 2157) with (B) A summary of the agreement that has nuclear explosive devices. respect to India, provided that such waiver shall been entered into between India and the IAEA (2) NSG TRANSFER GUIDELINES.—Notwith- cease to be effective if the President determines requiring the application of safeguards in ac- standing the entry into force of an agreement that India has engaged in any activity described cordance with IAEA practices to India’s civil for cooperation with India pursuant to section section 129 of such Act (42 U.S.C. 2158), other nuclear facilities as declared in the plan de- 123 of the Atomic Energy Act of 1954 (42 U.S.C. than section 129 a.(1)(D) or section 129 a.(2)(C) scribed in subparagraph (A), together with a 2153) and approved pursuant to this Act, no of such Act, at any time after the date of the en- copy of the agreement, and a description of the item subject to such agreement or subject to the actment of this Act; and progress toward its full implementation. transfer guidelines of the NSG may be trans- (3) with respect to India— (C) A summary of the progress made toward ferred to India if such transfer would violate the (A) waive the restrictions of section 129 conclusion and implementation of an Additional transfer guidelines of the NSG as in effect on a.(1)(A) of the Atomic Energy Act of 1954 (42 Protocol between India and the IAEA, including the date of the transfer. U.S.C. 2158 a.(1)(A)) for any activity that oc- a description of the scope of such Additional (3) TERMINATION OF NUCLEAR TRANSFERS TO curred on or before July 18, 2005; and Protocol. INDIA.—Notwithstanding the entry into force of (B) section 129 a.(1)(D) of such Act. (D) A description of the steps that India is (b) DETERMINATION BY THE PRESIDENT.—The an agreement for nuclear cooperation with taking to work with the United States for the India (arranged pursuant to section 123 of the determination referred to in subsection (a) is a conclusion of a multilateral treaty banning the determination by the President that the fol- Atomic Energy Act of 1954 (42 U.S.C. 2153)), ex- production of fissile material for nuclear weap- ports of nuclear and nuclear-related material, lowing actions have occurred: ons, including a description of the steps that the (1) India has provided the United States and equipment, or technology to India shall be ter- United States has taken and will take to en- the International Atomic Energy Agency with a minated if India makes any materially signifi- courage India to identify and declare a date by credible plan to separate civil and military nu- cant transfer of— which India would be willing to stop production clear facilities, materials, and programs, and (A) nuclear or nuclear-related material, equip- of fissile material for nuclear weapons unilater- has filed a declaration regarding its civil facili- ment, or technology that does not conform to ally or pursuant to a multilateral moratorium or ties with the IAEA. NSG guidelines, or (2) India and the IAEA have concluded an treaty. (B) ballistic missiles or missile-related equip- (E) A description of the steps India is taking agreement requiring the application of IAEA ment or technology that does not conform to to prevent the spread of nuclear-related tech- safeguards in perpetuity in accordance with MTCR guidelines, nology, including enrichment and reprocessing IAEA standards, principles, and practices (in- technology or materials that can be used to ac- unless the President determines that cessation of cluding IAEA Board of Governors Document quire a nuclear weapons technology, as well as such exports would be seriously prejudicial to GOV/1621 (1973)) to India’s civil nuclear facili- the support that India is providing to the the achievement of United States nonprolifera- ties, materials, and programs as declared in the United States to further United States objectives tion objectives or otherwise jeopardize the com- plan described in paragraph (1), including mate- to restrict the spread of such technology. mon defense and security. rials used in or produced through the use of In- (F) A description of the steps that India is (4) PROHIBITION ON NUCLEAR TRANSFERS TO dia’s civil nuclear facilities. taking to secure materials and technology appli- INDIA.—If nuclear transfers to India are re- (3) India and the IAEA are making substan- cable for the development, acquisition, or manu- stricted pursuant to this Act, the Atomic Energy tial progress toward concluding an Additional facture of weapons of mass destruction and the Act of 1954, or the Arms Export Control Act, the Protocol consistent with IAEA principles, prac- means to deliver such weapons through the ap- President should seek to prevent the transfer to tices, and policies that would apply to India’s plication of comprehensive export control legis- India of nuclear equipment, materials, or tech- civil nuclear program. lation and regulations, and through harmoni- nology from other participating governments in (4) India is working actively with the United the NSG or from any other source. States for the early conclusion of a multilateral zation and adherence to Missile Technology Control Regime, the Nuclear Suppliers Group, (e) APPROVAL OF AGREEMENT FOR NUCLEAR Fissile Material Cutoff Treaty. COOPERATION REQUIRED.— (5) India is working with and supporting the Australia Group, Wassennaar guidelines, and United Nations Security Council Resolution (1) IN GENERAL.—Subject to subsection (h), an United States and international efforts to pre- agreement for nuclear cooperation between the vent the spread of enrichment and reprocessing 1540, and participation in the Proliferation Se- curity Initiative. United States and India submitted pursuant to technology. this section may become effective only if— (6) India is taking the necessary steps to se- (G) A description of the decision taken within (A) the President submits to Congress the cure nuclear and other sensitive materials and the Nuclear Suppliers Group relating to nuclear agreement concluded between the United States technology, including through— cooperation with India, including whether nu- and India, including a copy of the safeguards (A) the enactment and enforcement of com- clear cooperation by the United States under an agreement entered into between the IAEA and prehensive export control legislation and regula- agreement for cooperation arranged pursuant to India relating to India’s declared civilian nu- tions; section 123 of the Atomic Energy Act of 1954 (42 (B) harmonization of its export control laws, U.S.C. 2153) is consistent with the decision, clear facilities, in accordance with the require- regulations, policies, and practices with the practices, and policies of the NSG. ments and procedures of section 123 of the policies and practices of the Missile Technology (H) A description of the scope of peaceful co- Atomic Energy Act of 1954 (other than section Control Regime and the Nuclear Suppliers operation envisioned by the United States and 123 a.(2) of such Act) that are otherwise not in- Group; and India that will be implemented under the Agree- consistent with the provisions of this Act; and (C) adherence to the MTCR and the NSG in ment for Nuclear Cooperation, including wheth- (B) after the submission under subparagraph accordance with the procedures of those regimes er such cooperation will include the provision of (A), the agreement is approved by a joint resolu- for unilateral adherence. enrichment and reprocessing technology. tion that is enacted into law. (7) The NSG has decided by consensus to per- (I) A description of the steps taken to ensure (2) CONSULTATION.—Beginning one month mit supply to India of nuclear items covered by that proposed United States civil nuclear assist- after the date of the enactment of this Act and the guidelines of the NSG and such decision ance to India will not directly, or in any other every month thereafter until the President sub- does not permit civil nuclear commerce with any way, assist India’s nuclear weapons program, mits to Congress the agreement referred to in other non-nuclear weapon state that does not including— paragraph (1), the President should consult have IAEA safeguards on all nuclear materials (i) the use of any United States equipment, with the Committee on International Relations within its territory, under its jurisdiction, or technology, or nuclear material by India in an of the House of Representatives and the Com- carried out under its control anywhere. unsafeguarded nuclear facility or nuclear-weap- mittee on Foreign Relations of the Senate re- (c) SUBMISSION TO CONGRESS.— ons related complex; garding the status of the negotiations between (1) IN GENERAL.—The President shall submit (ii) the replication and subsequent use of any the United States and India with respect to ci- to the Committee on International Relations of United States technology in an unsafeguarded vilian nuclear cooperation and between the

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A26JY7.051 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5917 IAEA and India with respect to the safeguards other way, assisting India’s nuclear weapons greater excuse, as if they needed any, agreement described in subsection (b)(2). program, including— but it will give Iran a greater excuse (f) JOINT RESOLUTION OF APPROVAL.—For (i) the use of any United States equipment, than they now have to continue to pro- technology, or nuclear material by India in an purposes of this section, a joint resolution re- ceed with their own nuclear program. I ferred to in subsection (e)(1)(B) is a joint resolu- unsafeguarded nuclear facility or nuclear-weap- tion of the two Houses of Congress— ons related complex; believe it is a profound mistake. (1) the matter after the resolving clause of (ii) the replication and subsequent use of any I yield to the gentleman from Massa- which is as follows: ‘‘That the Congress hereby United States technology in an unsafeguarded chusetts. approves the Agreement for Nuclear Cooperation nuclear facility or unsafeguarded nuclear weap- Mr. MARKEY. Mr. Chairman, we are Between the United States of America and the ons-related complex, or for any activity related being told that we shouldn’t worry, Republic of India submitted by the President on to the research, development, testing, or manu- that this won’t lead to a nuclear arms lllllllllll.’’, with the blank space facture of nuclear explosive devices; and race. being filled with the appropriate date; (iii) the provision of nuclear fuel in such a Now, India is not a signatory to the (2) which does not have a preamble; and manner as to facilitate the increased production nuclear nonproliferation treaty. This of highly-enriched uranium or plutonium in (3) the title of which is as follows: ‘‘Joint Res- agreement is in violation of the Non- olution Approving an Agreement for Nuclear unsafeguarded nuclear facilities. Cooperation Between the United States and (3) NEW NUCLEAR REACTORS OR FACILITIES.— proliferation Act of 1978 here in Con- India’’. Not later than one year after the date of the en- gress. All of their facilities are not (g) CONSIDERATION OF JOINT RESOLUTION OF actment of this Act and annually thereafter, the being put under full-scope safeguards. APPROVAL.—The provisions of paragraphs (2) President shall submit to the Committee on Experts say that when we supply the through (6) of section 130 i. of the Atomic En- International Relations of the House of Rep- nuclear fuel for their civilian program, ergy Act of 1954 (42 U.S.C. 2159 i.) shall apply resentatives and the Committee on Foreign Rela- it is going to free up nuclear fuel for to a joint resolution under subsection (f) of this tions of the Senate a report describing any new their nuclear weapons program. It section to the same extent as such provisions nuclear reactors or nuclear facilities that the makes sense. But we are told, don’t apply to a joint resolution under section 130 i. of Government of India has designated as civilian and placed under inspections or has designated worry. such Act. No amendment to, or motion to recom- Now, right now, India makes about mit, a joint resolution under subsection (f) of as military. this section is in order. (4) DISPOSAL OF SPENT NUCLEAR FUEL.—Not seven nuclear bombs a year, on aver- (h) SECTION 123 OF ATOMIC ENERGY ACT OF later than one year after the date on which an age. That is the magnitude. That is the 1954 NOT AFFECTED.—Notwithstanding sub- agreement for nuclear cooperation between the scope of their program. But experts say section (e)(1), this section does not preclude the United States and India is approved by Con- it will free up 40 to 50 bombs’ worth of approval, under section 123 of the Atomic En- gress under section 4(f) and every year there- nuclear material if they wanted to ergy Act of 1954 (42 U.S.C. 2153), of an agree- after, the President shall submit to the Com- build more nuclear bombs. We are told, ment for cooperation in which India is the co- mittee on International Relations of the House don’t worry. operating party. of Representatives and the Committee on For- But here is what else is going on. eign Relations of the Senate a report describing (i) SUNSET.—The procedures under this section This week in the world, A.Q. Khan, shall cease to be effective upon the enactment of the disposal of spent nuclear fuel from India’s a joint resolution under this section. civilian nuclear program. under house arrest in Islamabad, this (j) REPORTS.— (k) DEFINITIONS.—In this Act: nuclear merchant that should be on (1) POLICY OBJECTIVES.—The President shall, (1) IAEA.—The term ‘‘IAEA’’ means the Inter- trial in the world court for what he has not later than January 31, 2007, and not later national Atomic Energy Agency. done in spreading nuclear weapons ma- than January 31 of each year thereafter, submit (2) MTCR.—The term ‘‘MTCR’’ means the terials around the world but yet the to the Committee on International Relations of Missile Technology Control Regime. (3) NPT.—The term ‘‘NPT’’ means the Treaty Bush administration has turned a blind the House of Representatives and the Committee on the Non-Proliferation of Nuclear Weapons. eye to him and allowed Musharraf just on Foreign Relations of the Senate a report on— (4) NPT MEMBER.—The term ‘‘NPT member’’ to keep him under house arrest in a (A) the extent to which each policy objective means a country that is a party to the NPT. palace. Well, A.Q. Khan and his people in section 3(b) has been achieved; (5) NSG.—The term ‘‘NSG’’ means the Nuclear (B) the steps taken by the United States and now have a new program, it turns out, Suppliers Group. India in the preceding calendar year to accom- on the front page of the Washington plish those objectives; The Acting CHAIRMAN. No further Post this week, that will make it pos- (C) the extent of cooperation by other coun- amendment is in order except those sible for them to build 40 to 50 pluto- tries in achieving those objectives; and printed in part B of the report. Each nium nuclear bombs per year. Now (D) the steps the United States will take in the amendment may be offered only in the they are going to do it. They are going current calendar year to accomplish those objec- order printed in the report, by a Mem- to do it because they only have two to tives. ber designated in the report, shall be (2) NUCLEAR EXPORTS TO INDIA.— three nuclear bombs capacity per day (A) IN GENERAL.—Not later than one year considered read, shall be debatable for right now, and they can scale up to 40 after the date on which an agreement for nu- the time specified in the report, equal- to 50. clear cooperation between the United States and ly divided and controlled by the pro- Now what is interesting about these India is approved by Congress under section 4(f) ponent and an opponent, shall not be two charts about India and Pakistan, and every year thereafter, the President shall subject to amendment, and shall not be they are each now going to be capable submit to the Committee on International Rela- subject to a demand for division of the of going from between two and seven tions of the House of Representatives and the question. up to 40 to 50. Committee on Foreign Relations of the Senate a PREFERENTIAL MOTION OFFERED BY MR. OBEY We are told, don’t worry. Well, I am report describing United States exports to India worrying; and I think we should all for the preceding year pursuant to such agree- Mr. OBEY. Mr. Chairman, I have a ment and the anticipated exports to India for preferential motion at the desk. worry. The Bush administration has the next year pursuant to such agreement. The Clerk read as follows: not made public at all the fact that (B) NUCLEAR FUEL.—The report described in Mr. OBEY moves that the Committee do they have known for at least 2 years subparagraph (A) shall also include (in a classi- now rise and report the bill back to the that Pakistan has this clandestine plu- fied form if necessary)— House with the recommendation that the en- tonium nuclear bomb program. It is (i) an estimate for the previous year of the acting clause be stricken. the place where we should all be con- amount of uranium mined in India; The Acting CHAIRMAN. The gen- cerned that that al Qaeda operative (ii) the amount of such uranium that has like- tleman is recognized for 5 minutes. buys a nuclear bomb and moves it into ly been used or allocated for the production of nuclear explosive devices; Mr. OBEY. Mr. Chairman, I regret the Middle East, moves it to New York (iii) the rate of production of— very much that this legislation is be- City, moves it to Washington, D.C. And (I) fissile material for nuclear explosive de- fore us this afternoon. In my view, this instead we are told, don’t worry. vices; and is a badly conceived and most espe- Well, what kind of signal are we (II) nuclear explosive devices; and cially a badly timed action which will sending to the world when Iran, which (iv) an analysis as to whether imported ura- weaken the nonproliferation regime is a signatory to the Nuclear Prolifera- nium has affected such rate of production of over the long haul and, in the end, tion Treaty, is on trial at the Security nuclear explosive devices. wind up encouraging the production of Council to comply with the non- (C) UNSAFEGUARDED NUCLEAR FACILITIES.— The report described in subparagraph (A) shall more nuclear weapons by Pakistan, proliferation treaty because they are also include (in a classified form if necessary) a China and India. violating it, and we are turning a blind description of whether United States civil nu- It also is, in my view, spectacularly eye to what India and Pakistan, non- clear assistance to India is directly, or in any badly timed because it will give Iran a signatories to the nonproliferation

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.051 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5918 CONGRESSIONAL RECORD — HOUSE July 26, 2006 treaty, are doing or will do if this deal Lantos amendment which is made in There was no objection. goes through? We will make a mockery order by the rule. The Acting CHAIRMAN. Without ob- of the nonproliferation regime in the The Acting CHAIRMAN. The Clerk jection, the amendment is modified. world. will designate the amendment. There was no objection. And we know that President Bush The text of the amendment is as fol- The Acting CHAIRMAN. Pursuant to doesn’t care about it. Otherwise, we lows: House Resolution 947, the gentleman would know more about this Pakistani Amendment No. 1 offered by Mr. ROYCE: from California (Mr. ROYCE) and a program which they have had satellite Page 3, line 12, strike ‘‘may be’’ and insert Member opposed each will control 5 evidence of its existence for the last 2 ‘‘is’’. minutes. years. We know that he doesn’t care Page 4, beginning line 21, strike ‘‘this sub- The Chair recognizes the gentleman about it. Otherwise, he would be forc- section’’ and insert ‘‘paragraph (6)’’. from California. ing India to put the full nuclear pro- Page 11, line 3, strike ‘‘and’’ and all that follows through line 8 and insert a period. Mr. ROYCE. Mr. Chairman, the only gram in India under safeguards. He Page 15, line 22, insert ‘‘nuclear’’ before change in this amendment is to name would be extracting a ban on the pro- ‘‘cooperation’’. this bill after our distinguished chair- duction of fissile material in India, in Page 16, line 3, after ‘‘violate’’ insert ‘‘or man, HENRY HYDE. The underlying the same way that the United States be inconsistent with’’. amendment contains a series of tech- and Russia and China and England and Page 16, beginning line 6, strike ‘‘Notwith- nical and conforming changes which France now don’t produce any more standing the entry into force of an agree- were needed to ensure the bill was fissile material. ment for nuclear cooperation with India (ar- ranged pursuant to section 123 of the Atomic properly drafted. But, no, the President is allowing an I reserve the balance of my time. exemption. This deal is like throwing a Energy Act of 1954 (42 U.S.C. 2153))’’ and in- sert ‘‘Notwithstanding the entry into force Mr. LANTOS. Mr. Chairman, I tinder onto an already raging fire in of an agreement for nuclear cooperation with strongly support naming this historic the most dangerous part of the world India pursuant to section 123 of the Atomic legislation after our distinguished and pretending that there is no rela- Energy Act of 1954 (42 U.S.C. 2153) and ap- chairman as a small token of our re- tionship between what we do here proved pursuant to this Act’’. spect and appreciation for his enor- today and the response of Pakistan and Page 17, line 8, strike ‘‘Subject to sub- mous contributions to the national se- section (m), an’’ and insert ‘‘An’’. Iran and other nations around the curity of the United States and to the world. MODIFICATION TO AMENDMENT NO. 1 OFFERED sound conduct of U.S. foreign policy. Mr. ROYCE. Mr. Chairman, I rise in BY MR. ROYCE opposition to the motion. Mr. ROYCE. Mr. Chairman, I ask b 1900 The Acting CHAIRMAN. The gen- unanimous consent that the Hyde-Lan- Mr. MARKEY. Mr. Chairman, I rise tleman from California is recognized tos amendment made in order by the in opposition to the amendment. for 5 minutes. rule be modified in the form which I The Acting CHAIRMAN. The gen- Mr. ROYCE. Mr. Chairman, I would have caused to be placed at the desk. tleman from Massachusetts is recog- make several points. The Acting CHAIRMAN. The Clerk nized for 5 minutes. One, in terms of the program that is will report the modification. Mr. MARKEY. Mr. Chairman, I yield being laid out in the Washington Post, The Clerk read as follows: myself such time as I may consume. I think it was this Monday, explaining Modification to amendment No. 1 offered If all that the manager’s amendment Pakistan’s ambitions with respect to by Mr. ROYCE: included was the naming of this legis- its nuclear buildup, that is clearly not Page 2, line 4, strike ‘‘United States’’ and lation after HENRY HYDE, then I would something that can be characterized as insert ‘‘Henry J. Hyde United States’’. be at the front of the line to ensure a reaction to this new initiative with Page 3, line 12, strike ‘‘may be’’ and insert that I would be praising him to the India. The reason I say that is because ‘‘is’’. heavens. And I want the gentleman a careful reading of that Washington Page 4, beginning line 21, strike ‘‘this sub- from Illinois to understand that be- Post report shows that the construc- section’’ and insert ‘‘paragraph (6)’’. Page 11, line 3, strike ‘‘and’’ and all that cause he does deserve all the accolades tion of this very facility site began in follows through line 8 and insert a period. which he is receiving. the year 2000. The construction of the Page 15, line 22, insert ‘‘nuclear’’ before But there is just a little bit more in facility began 6 years ago. ‘‘cooperation’’. this manager’s amendment than nam- I will also point out that the suppo- Page 16, line 3, after ‘‘violate’’ insert ‘‘or sition that it could be used for 40 to 50 be inconsistent with’’. ing it after the distinguished gen- nuclear bombs a year, the information Page 16, beginning line 6, strike ‘‘Notwith- tleman from Illinois. we have is that is probably two or standing the entry into force of an agree- The reason that I am opposed to this three. Yet the very existence of the fa- ment for nuclear cooperation with India (ar- amendment is that it would strike part ranged pursuant to section 123 of the Atomic cility itself shows why a fissile cutoff of one of the seven conditions being Energy Act of 1954 (42 U.S.C. 2153))’’ and in- placed on the India nuclear deal. is, frankly, not practical to enforce, to sert ‘‘Notwithstanding the entry into force attempt to enforce on India, except Here is the full language of the condi- of an agreement for nuclear cooperation with tion. It is No. 7: ‘‘The Nuclear Sup- through negotiation. India pursuant to section 123 of the Atomic And I think, lastly, in conclusion, Energy Act of 1954 (42 U.S.C. 2153) and ap- pliers Group has decided by consensus the attempt to equate Pakistan’s ef- proved pursuant to this Act’’. to permit supply to India of nuclear forts, now 6 years old, and tie that and Page 17, line 8, strike ‘‘Subject to sub- items covered by the guidelines of the say that that is in response to a deal section (m), an’’ and insert ‘‘An’’. NSG and such decision does not permit that we are negotiating with India of Mr. ROYCE (during the reading). Mr. civil nuclear commerce with any other less than a year old is clearly not ger- Chairman, I ask unanimous consent non-nuclear weapon state that does not mane to the argument that we have be- that the modification be considered as have IAEA,’’ International Atomic En- fore us today. read and printed in the RECORD. ergy Agency, ‘‘safeguards on all nu- So I oppose the motion of the gen- The Acting CHAIRMAN. Is there ob- clear materials within its territory, tleman from Wisconsin. jection to the request of the gentleman under its jurisdiction, or carried out The Acting CHAIRMAN. The ques- from California? under its control anywhere.’’ tion is on the preferential motion of- Mr. MARKEY. Mr. Chairman, I ob- The manager’s amendment would fered by the gentleman from Wisconsin ject. strike the words ‘‘and such decision (Mr. OBEY). The Acting CHAIRMAN. Objection is does not permit civil nuclear com- The preferential motion was rejected. heard. merce with any other non-nuclear AMENDMENT NO. 1 OFFERED BY MR. ROYCE The Clerk will continue reading. weapon state that does not have Inter- The Acting CHAIRMAN. It is now in The Clerk continued to read. national Atomic Energy Agency safe- order to consider amendment No. 1 Mr. MARKEY. Mr. Chairman, I ask guards on all nuclear materials within printed in part B of House Report 109– unanimous consent to withdraw my ob- its territory, under its jurisdiction, or 599. jection. carried out under its control any- Mr. ROYCE. Mr. Chairman, as the The Acting CHAIRMAN. Without ob- where.’’ The impact of that change in designee of Mr. HYDE, I offer the Hyde- jection, the reading is dispensed with. the language is that it would free the

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.106 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5919 Nuclear Suppliers Group to also allow Mr. STEARNS. Mr. Chairman, I offer However, my colleagues, India has re- nuclear commerce with other nations an amendment. fused to sign, as mentioned before, the that have not agreed to full-scope The Acting CHAIRMAN. The Clerk 1968 Nuclear Nonproliferation Treaty. IAEA safeguards on their nuclear fa- will designate the amendment. It refuses to accept full scope of the cilities, such as Pakistan. The text of the amendment is as fol- International Atomic Energy Agency I see absolutely no justification for lows: safeguards over all its nuclear facili- opening the door to China to come into Amendment No. 2 offered by Mr. STEARNS: ties, and India continues to produce the Nuclear Suppliers Group with a In section 2(6)(D), strike ‘‘and’’ after the fissile materials for its growing nu- proposal to give Pakistan the same semicolon. clear arsenal. These have been brought deal that the administration is pro- In section 2(7)(B), strike the period at the to our attention. posing to give India. That is a bad idea. end and insert ‘‘; and’’. In section 2, add at the end the following But, moreover, India is no stranger It invites a further weakening of the new paragraph: to violating international nuclear com- international nuclear nonproliferation (8) the United States Government, pursu- mitments to use nuclear assistance for regime and an expansion of commerce ant to the restrictions in this Act, shall not civilian purposes. In 1974, it detonated with countries that do not allow full- participate in, or contribute to, the manu- a nuclear bomb manufactured using scope international safeguards. We facture or acquisition of nuclear weapons or plutonium from a Canadian-supplied should be very careful here. We should nuclear explosive devices. nuclear reactor, with heavy water pro- be very cautious. The Acting CHAIRMAN. Pursuant to vided by the U.S. Both countries had The ostensible justification for the House Resolution 947, the gentleman provided India with nuclear technology initiation of the war in Iraq is that we from Florida (Mr. STEARNS) and a based on commitment to peaceful use. did not want the next terrorist attack Member opposed each will control 5 Now, my colleagues, the former to come in the form of a mushroom minutes. chairman of the Armed Services Com- cloud. As we make these changes, they The Chair recognizes the gentleman mittee, Sam Nunn, wrote recently in seem slight. They are not. They are from Florida. The Wall Street Journal: ‘‘There is historic in terms of the safeguards that Mr. STEARNS. Mr. Chairman, I yield every reason to suspect that Pakistan we have in place to ensure that we are myself such time as I may consume. and China will react to this deal by securing these nuclear materials, that My amendment to this bill would proper procedures are in place to make ratcheting up their own suspicions and clarify and reinforce the intent of Con- nuclear activities, including making sure that countries and subnational gress that nuclear cooperation into groups that should not have them in additional weapons material and weap- which the governments of the United ons.’’ their possession are denied them. States and India would enter is for So, Mr. Chairman, we should avoid This is a weakening amendment, and peaceful and productive purposes and fanning the flames here of a regional I urge the Members to oppose it. not military purposes. And I think a nuclear arms race. I think all of us re- Mr. Chairman, I yield back the bal- lot of us who view this bill have some member President Reagan’s words ance of my time. concerns. when he mentioned in a radio address Mr. ROYCE. Mr. Chairman, I yield Now, the intent of this amendment is on April 17, 1982, ‘‘A nuclear war can- myself the balance of my time. obviously woven throughout this legis- It is my understanding that a mem- not be won and must never be fought lation, but I thought an elevated posi- ber of the committee, the gentleman ... ’’ tion by a sense of Congress in what we from California (Mr. SHERMAN) offered are talking about perhaps would allevi- So I think this amendment is basi- an amendment in committee that was cally a sense of Congress, a straight- passed on voice vote. However, upon ate some of the colleagues, particu- larly the gentleman from Massachu- forward sense, to give us more assur- further reflection, I understand the ance that what we are trying to do here Member has asked that the amendment setts. It bears reiterating that this country stands for peace and not war. is to help them in a peaceful way. We language be removed. And what is hap- seek friendship and peace with all na- pening here is that the committee is While India has agreed to allow mon- itoring at 14 of their nuclear reactors tions, particularly India, but we will honoring that request. I would note, not purchase this friendship with nu- however, that the heart of the section to ensure fuel is not used for weapons, my colleagues, there are eight other re- clear arms. 4(b)(7), and this is the section that the Mr. ROYCE. Mr. Chairman, will the gentleman is concerned about, which actors and an unknown number of fu- ture reactors that can produce mate- gentleman yield? states that the President must deter- Mr. STEARNS. I yield to the gen- mine that the Nuclear Suppliers Group rial for military purposes, free of any oversight or control. It is, indeed, obvi- tleman from California. has decided by consensus, that remains Mr. ROYCE. Mr. Chairman, I thank intact, and that is the practice at the ously, an improvement in the status quo for India to open up any of its reac- the gentleman for yielding, and I thank NSG. him for his amendment. And let me just quote from the bill: tors to oversight, but the dangers in- ‘‘The NSG has decided by consensus to herent in further assisting India’s nu- During consideration of this agree- permit supply to India of nuclear items clear development are clear. ment in committee, members expressed covered by the guidelines of the NSG.’’ These are unsettling times in nuclear some of the same concerns raised by So the heart of the determination re- proliferation. Iran and North Korea, for the gentleman from Florida, and we mains intact. And, again, the removal example, have violated their respon- added language to the underlying bill of that particular language was at the sibilities under the Nuclear Non- to alleviate those concerns. I offered an request of a member of the committee, proliferation Treaty and are producing amendment, a successful amendment, Mr. SHERMAN of California, who offered or attempting to produce significant in committee that explicitly states the original amendment that was ac- arsenals of nuclear weapons. Pakistan that nothing in this bill shall violate cepted in committee. was aided and abetted with nuclear ca- our article I NPT obligation, not to, in Mr. Chairman, I yield back the bal- pability. any way, assist, encourage, or induce ance of my time. Support for today’s legislation, and India to manufacture or otherwise ac- The Acting CHAIRMAN. The ques- for broader cooperation with India, quire nuclear weapons or nuclear ex- tion is on the amendment, as modified, crosses party lines. We all understand plosive devices. offered by the gentleman from Cali- that. We all support India. It is a bur- Now, the gentleman’s amendment fornia (Mr. ROYCE). geoning multiethnic, multireligious, further clarifies that the aiding of In- The amendment, as modified, was free market democracy, has a firm rule dia’s strategic program is not agreed to. of law and respect for personal lib- Congress’s intent. And with that, we AMENDMENT NO. 2 OFFERED BY MR. STEARNS erties. These are all good. As such, are quite prepared to accept the gentle- The Acting CHAIRMAN. It is now in India presents a hearty example, like man’s amendment. order to consider amendment No. 2 the United States, for the world to fol- Mr. STEARNS. That is very good. I printed in part B of House Report 109– low. Clearly, the nation of India is and appreciate that. Can I just ask you a 599. should be our friend, and we respect it. question? Nowhere in the bill does it

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.110 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5920 CONGRESSIONAL RECORD — HOUSE July 26, 2006 mention anything about private cor- the Nuclear Nonproliferation Treaty. have done with their bill, is a very tre- porations or corporations in the United But I fear that this legislation will mendous asset to this country’s future States of America. damage the NPT to the point that we in working with India. India has more The Acting CHAIRMAN. The gen- will make it harder to stop the Iranian than a billion people, and India is tleman from Florida’s time has ex- and North Korea nuclear programs. growing in leaps and bounds in every pired. The U.S./India partnership is too strong to step of the way. Mr. LANTOS. Mr. Chairman, I ask be harmed by one piece of legislation. I be- This strategic partnership will not unanimous consent to claim the time lieve that, if we continue working with India, only be with nuclear, but it will be in opposition to the amendment. we can find ways to address our mutual secu- with all things, because we will con- The Acting CHAIRMAN. Without ob- rity concerns and energy needs. But I feel this tinue to build up trust with India, we jection, the gentleman from California legislation fails to meet either challenge. will continue to build up a working re- is recognized for 5 minutes. Furthermore, I have concerns about our lationship with India. There was no objection. own constitutional processes here in the Again, we don’t have wishes to quar- Mr. LANTOS. Mr. Chairman, I am United States. Acceptance or rejection of any rel with any country, but when it pleased to accept the gentleman’s arrangement with India must include a full role comes to the region in Asia, India has amendment. for the United States Congress. The President the same concerns, and there are This amendment restates long- cannot change American law without many, that we do, and that is why it standing U.S. policy that the United Congress’s consent. I believe any such agree- pays to work with India and particu- States will not support the manufac- ment with any foreign country must be ap- larly with nuclear power. ture or acquisition of nuclear weapons. proved by Congress. I support Mr. STEARNS’ amendment, I support the underlying bill, H.R. 5682, This is, of course, longstanding U.S. b 1915 policy. And we all agree that it should and I urge my colleagues to vote ‘‘yes’’ Mr. LANTOS. Mr. Chairman, I yield on both. continue. the balance of my time to our distin- The Acting CHAIRMAN. The ques- I urge all of my colleagues to support guished colleague, the gentleman from tion is on the amendment offered by this amendment. New York (Mr. ENGEL). the gentleman from Florida (Mr. Mr. Chairman, I yield 2 minutes to The Acting CHAIRMAN. The gen- STEARNS). my good friend from California, distin- tleman from New York is recognized The question was taken; and the Act- guished former ambassador of the for 21⁄2 minutes. ing Chairman announced that the ayes United States, Congresswoman DIANE Mr. ENGEL. Mr. Chairman, I thank appeared to have it. ATSON W . my good friend, Mr. LANTOS. I want to Mr. STEARNS. Mr. Chairman, I de- Ms. WATSON. Mr. Chairman, I thank commend you and Chairman HYDE for mand a recorded vote. Congressman LANTOS for yielding. your leadership on this very, very im- The Acting CHAIRMAN. Pursuant to The United States has few, if any, portant bill. clause 6 of rule XVIII, further pro- better friends than India. And I feel I strongly support the bill. I support ceedings on the amendment offered by strongly that the United States and Mr. STEARNS’ amendment, because I the gentleman from Florida will be India are destined to be great partners think it dovetails very nicely with the postponed. as they seek to meet the challenges of bill, and I support a new strategic part- AMENDMENT NO. 3 OFFERED BY MS. JACKSON- the 21st century. One of these chal- nership with India. This is extremely LEE OF TEXAS lenges is the need to develop new important for the United States in the The Acting CHAIRMAN. It is now in sources of energy. The Indian economy 21st century. order to consider amendment No. 3 is growing by leaps and bounds, offer- India being the largest democracy printed in part B of House Report 109– ing new opportunities not only for and the United States being the oldest 599. India itself but for India’s partners as democracy have so much in common, Ms. JACKSON-LEE of Texas. Mr. well. India will need to develop tens of and this is a chance for us to prove it. Chairman, I offer an amendment. thousands of megawatts of new power We have similar geopolitical interests The Acting CHAIRMAN. The Clerk capacity in the next few years to meet in the region. We understand the fact will designate the amendment. this need and lift India’s poorest from that India and the United States have The text of the amendment is as fol- poverty. much in common. What may have kept lows: But there is another 21st century us apart during the Cold War no longer Amendment No. 3 offered by Ms. JACKSON- LEE of Texas: challenge that India and the United is relevant. States must meet together, and that is In section 2(6)(D), strike ‘‘and’’ after the We have a strong Indian-American semicolon. the challenge of nuclear proliferation, community in the United States, fur- In section 2(7)(B), strike the period at the particularly the threat of nuclear ther strengthening the ties between end and insert ‘‘; and’’. weapons in the hands of extremist gov- our two great nations; and we have a In section 2, add at the end the following ernments and terrorist movements. common battle in the fight against ter- new paragraph: (8) the South Asia region is so important India is, and has been, a trusted part- rorism. India, of course, experienced ner in meeting this challenge. As much that the United States should continue its that terrible bombing on the railroad; policy of engagement, collaboration, and ex- as any ally of the United States, India and we in the United States understand changes with and between India and Paki- knows the dangers posed by terrorism. what terrorism is as well. stan. We were so sadly reminded of this India is a nuclear power. It is a re- The Acting CHAIRMAN. Pursuant to again, only a few weeks ago, when ex- ality. It is a fact of life. And the fact House Resolution 947, the gentlewoman tremists murdered over 200 Indian com- that India is willing to cooperate with from Texas (Ms. JACKSON-LEE) and a muters in Mumbai. My sincerest sym- the United States with nuclear power Member opposed will each control 5 pathies go out to the people of Mumbai is a plus for us. minutes. and all of India. Together, I have no We should not treat friends and ad- The Chair recognizes the gentle- doubt we will eventually defeat the versaries alike. People who say, well, woman from Texas. ideologies that spark such terror at- you know, if you are going to help Ms. JACKSON-LEE of Texas. Mr. tacks as well as defeat the poverty and India, how can you tell Iran not to Chairman, I yield myself such time as marginalization which fuels it. have nuclear power? That analogy is, I may consume. I have no doubt that India is a reli- frankly, ridiculous, because India has Mr. Chairman, I am proud to offer able steward of nuclear technology. shown time and time again it is a this amendment, along with my distin- But my concerns extends beyond India. peaceful, loving nation, with the same guished colleague, Mr. BURTON of Indi- I do not fear India with nuclear power. interests as the United States, whereas ana. Might I say that I also add my I do fear a world where both India and Iran is continuing its mischief. We support for the manager’s amendment the United States must face a nuclear know that Iran and North Korea should which draws upon the change that fo- Iran or a nuclear North Korea. Our key not be treated the same as India. cuses on naming the bill after Chair- tool for constraining the nuclear de- So I think what the Congress is man HYDE. I add my appreciation for sign of Iran and North Korea has been doing, what Mr. LANTOS and Mr. HYDE his service as well.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.113 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5921 Mr. Chairman, I also rise to speak on work out some differences. I know it is My amendment, which is endorsed and co- behalf of H.R. 5682 as I offer my amend- a very thorny issue and one that is sponsored by Congressman BURTON, and ment and offer the amendment with going to take some time, but they are which is not opposed by either the Majority or Mr. BURTON, and that is that this par- talking. They have opened up not only Minority of the Committee on International Re- ticular legislation, the United States a dialogue but a small opening in the lations, simply states that the ‘‘South Asia re- and India Nuclear Cooperation Pro- area between Pakistan and India in the gion is so important that the United States motion Act, is an opportunity. It is an Kashmiri area. should continue its policy of engagement, col- opportunity for further negotiation. It This is a problem that must be laboration, and exchanges with and between is an opportunity for friendship and the solved. It should be solved. It could be India and Pakistan.’’ continuation of that friendship. It is a a flash point for another war over Peaceful nuclear cooperation with India can recognition that even though India has there. Since India and Pakistan are serve multiple U.S. foreign policy objectives so not signed the nonproliferation agree- both nuclear powers, anything we can long as it is undertaken in a manner that mini- ment, it has peacefully utilized nuclear do to reduce that threat and make sure mizes potential risks to the nonproliferation re- energy for the many years of its utili- peace reigns is very important. gime. This will be best achieved by sustained zation. It is a democracy. I support the gentlewoman’s amend- and active engagement and cooperation be- So my amendment speaks to the ment and am proud to be a cosponsor. tween India and the United States. whole concept of the importance of Mr. ROYCE. Mr. Chairman, will the Similarly, Pakistan has been a critical ally in South Asia; and it says that former gentleman yield? the global war on terror. Pakistan has been a President Clinton got it right when we Ms. JACKSON-LEE of Texas. I yield good friend to the people of the United States. traveled with him to that region, Mem- to the gentleman from California. Although H.R. 5682 signals no change in this bers of Congress, a small delegation of Mr. ROYCE. Mr. Chairman, I thank country’s relationship with Pakistan, it is not eight. We went to India and we went to the gentlelady for yielding; and I just difficult to understand why it may give pause Pakistan because we believed in the co- wanted to say I thank her and Mr. BUR- to some supporters of Pakistan. This is an- hesion and the importance of that par- TON for their amendment. I think it is other reason why it is vital for the United ticular region. very important that the United States States to continue to engage both Pakistan Might I note that in particular, as it be engaged on the subcontinent, and I and India in ongoing political engagement, relates to this legislation, the Nuclear think the gentlewoman from Texas and economic and technological collaborations, Supply Group, NSG, still is maintained the gentleman from Indiana should be and personal exchanges, which will bring the in this bill, and the guidelines and con- commended for their good work on this United States closer to these two vitally impor- sensus decisionmaking are upheld. So, amendment. We are prepared to accept tant democracies in the South Asia region and again, I emphasize that it is an oppor- that amendment. will bring India and Pakistan closer to each tunity. Mr. LANTOS. Mr. Chairman, will the other. My amendment builds on that oppor- gentlewoman yield? As a founding Co-Chair of the Congres- tunity. Its language is direct. What it Ms. JACKSON-LEE of Texas. I yield sional Pakistan Caucus, I am wholeheartedly says is that South Asia is an important to the distinguished ranking member committed to the political, economic, and so- region and that it is in our national in- from California. cial amelioration of Pakistan for the Pakistani terests to continue our policy of en- Mr. LANTOS. Mr. Chairman, I want people and the ascendancy of Pakistan in the gagement, collaboration, exchanges to commend my good friend from Texas international community. Pakistan has been a with and between India and Pakistan, for yet another constructive step. She loyal and unwavering ally in our global war on particularly since this has served the makes so many in this body. I am terror, which has played a decisive role in Nation well. It goes on to emphasize strongly in support of her amendment helping to remove the Taliban regime from Af- the importance of that relationship. and urge my colleagues to do likewise. ghanistan and the capture of hundreds of Why is that relationship important? Ms. JACKSON-LEE of Texas. Mr. wanted al-Qaeda terrorists. Pakistan has suf- Because we have seen in these latter Chairman, reclaiming my time, I thank fered thousands of casualties and has been a years the working relationship between the distinguished gentlemen. victim of numerous terrorist acts on their own them and the United States. Pakistan Just for the record, I know there has soil because of their steadfast alliance with has been a loyal and unwavering ally in been mention of an arms race. We don’t our nation in the global war on terror. our global war on terror and has played see an arms race with India. The recent In order to get a proper perspective on Paki- a decisive role in helping to remove the comment of a spokesperson from Paki- stan, I believe we must take a look back at the Taliban regime from Pakistan and the stan indicated they do not want an luminary individual who is singularly respon- capture of hundreds of wanted al Qaeda arms race in the region. sible for its creation. Pakistan, one of the larg- terrorists. Pakistan has suffered thou- So I would say that this is an impor- est Muslim states in the world, is a living and sands of casualties and has been a vic- tant step. We need to engage. We need exemplary monument of Muhammad Ali tim of numerous terrorist acts. to work with India and Pakistan to- Jinnah. Becoming an architect of a dream first In addition, the founder of Pakistan, gether. I ask my colleagues to support articulated by poet-philosopher Muhammed Dr. Jinnah, premised the basis of this this amendment. Allama Iqbal, a brilliant young lawyer named country on democratic principles. The Mr. Chairman, the United States’ relation- Muhammad Ali Jinnah valiantly dedicated his alliance of the United States with the ship with India and Pakistan is of paramount life to achieving an independent Pakistan for nation in South Asia should continue importance to our nations’ political and eco- Indian Muslims. Revered as the father of Paki- and the U.S. should emphasize in its nomic future. With the receding of the Cold stan, Muhammad Ali Jinnah inspired the adu- foreign policy the importance of the re- War’s global divisions and the new realities of lation of his people through his eloquence, gion, India, Pakistan, Bangladesh. globalization and trans-national terrorism, we perseverance and dauntless courage. For over South Asia is important to the United have embarked on a new era of promise, pos- 30 years, Muhammad Ali Jinnah was the States and the amendment further sup- sibility and uncertainty. This means the United prominent leader of Indian Muslims who ports the need for encouraging States, the world’s only superpower, bears an articulately gave expression, coherence, and celloboration and engagement with and especially heavy responsibility to remain en- direction to their legitimate aspirations and between India and Pakistan by the U.S. gaged in all regions of the world, with all na- transformed their dreams into a concrete re- Mr. Chairman, I am happy to yield to tion-states. ality. A visionary leader who was ahead of his the distinguished gentleman from Indi- Mr. Chairman, my amendment is simple. My time, Muhammad Ali Jinnah was a great con- ana (Mr. BURTON). amendment is important. My amendment is stitutionalist and nation-builder who called for Mr. BURTON of Indiana. Let me just necessary. And my amendment is bipartisan. the equal rights of all Pakistani citizens without say I support the amendment. Due to the strategic political and economic im- regard to their religion. I have been concerned about the portance of the South Asia region, it is impera- In the past six decades, the people and na- problems between India and Pakistan tive to our national interest to continue our pol- tion of Pakistan has come a long way. The for a long, long time, particularly in icy of engagement collaboration, and ex- bonds of friendship which began with Muham- the area of Kashmir. They are talking changes with and between India and Pakistan, mad Ali Jinnah continue today with President now. Prime Minister Singh and Presi- particularly since this has served the nation Musharraf. I am grateful to the people and dent Musharraf have been trying to well in the past. government of Pakistan, who in the aftermath

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.117 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5922 CONGRESSIONAL RECORD — HOUSE July 26, 2006 of the devastation and loss of innocent life India did not sign the Nonprolifera- said so and the administration has said which occurred on 9/11, and on the eve of the tion Treaty. They are not in violation so, and a vote for this amendment is a 5 year anniversary of 9/11, continue to support of it. They exploded nuclear weapons. I vote to kill the agreement. our efforts to stamp out international terrorism. do not believe that we should punish So, with respect, I urge defeat of this Similarly, I think it is critical that we continue India for its decision to become a nu- amendment. our policy of engagement, collaboration, and clear power, but we should not facili- b 1930 exchanges with and between the people and tate India in building additional nu- the governments of Pakistan and India. clear weapons. Mr. ROYCE. Mr. Chairman, I yield 2 I urge my colleagues to support my amend- India’s problem is this: They can minutes to the gentleman from Cali- ment. only produce a limited amount of ura- fornia (Mr. LANTOS). The Acting CHAIRMAN. Does anyone nium from domestic sources, basically Mr. LANTOS. Mr. Chairman, I thank claim time in opposition to the amend- 300 tons. What they get out of this deal my friend for yielding me time. ment? is nuclear fuel and uranium. Mr. Chairman, I oppose this amend- If not, the question is on the amend- How does India use its 300 tons, which ment. Mr. Chairman, this amendment ment offered by the gentlewoman from it produces domestically? They use half was presented to the Committee on Texas (Ms. JACKSON-LEE). of it for their civilian reactors already International Relations and was over- The amendment was agreed to. existing. They certainly lose money if whelmingly defeated because it is a AMENDMENT NO. 4 OFFERED BY MR. SHERMAN they fail to run those reactors as killer amendment. It would kill the en- The Acting CHAIRMAN. It is now in scheduled at full capacity. But they are tire nuclear cooperation agreement order to consider amendment No. 4 doing just that. They are running their with India. printed in part B of House Report 109– existing civilian reactors at less than Legislation already provides that we 599. capacity because they only use 150 tons should be proceeding with a multilat- Mr. SHERMAN. Mr. Chairman, I offer of uranium for that purpose. The other eral moratorium or treaty to ban the an amendment. 150 tons goes to India’s nuclear weap- production of fissile material. The leg- The Acting CHAIRMAN. The Clerk ons program. islation before us already states this. will designate the amendment. What will this bill do if we fail to The underlying legislation requires de- The text of the amendment is as fol- amend it? It will allow India to buy tailed reporting on the steps India and lows: uranium for all of its civilian needs the United States are taking to com- Amendment No. 4 offered by Mr. SHERMAN: from other countries. The result will be plete such a ban. It also requires re- In section 4(b), add at the end the following ports on India’s production of fissile new paragraph: that India will be able to use all 300 (8) The amount of domestic uranium used tons of its domestic production for the material, so that we can try to conduct in India’s military program during a 12- construction of nuclear weapons. oversight over this important issue. month period ending on the date of the de- That is not what we mean to do. We The Fortenberry amendment that termination is equal to or less than the mean to help India develop its civilian the House is considering today will amount of domestic uranium used in India’s program. But since uranium is fun- strengthen this reporting even further. military program during the 12-month period gible, we also do not mean that our In reality, however, this amendment is ending on July 18, 2005. intended as a deal killer. I urge all of In section 4, insert after subsection (o) the help to India in giving it fuel for its ci- following new subsection (and redesignate vilian program is not supposed to, so my colleagues to rely on the under- subsequent subsections accordingly): we are told, help India double its pro- lying text, and I firmly oppose this (p) ANNUAL CERTIFICATION; TERMINATION OF duction of nuclear weapons. That is amendment. COOPERATION.—Nuclear cooperation with why this bill needs an amendment. Mr. SHERMAN. Mr. Chairman, I India shall be terminated unless one year What my amendment would do is yield 30 seconds to the gentleman from after making the determination described in simply require that, for the deal to go Massachusetts (Mr. MARKEY). subsection (b)(8), and annually thereafter, forward, India keeps doing what it has Mr. MARKEY. Mr. Chairman, this is the president certifies that during the pre- been doing, using 150 tons of its ura- a great amendment. Because right now vious 12-month period the amount of domes- nium for its existing civilian plants in- this is how much nuclear material is tic uranium used in India’s military program needed by India to produce nuclear is equal to or less than the amount of domes- stead of diverting that 150 tons toward tic uranium used in India’s military program its military production. That is to say, electricity in their country. It is used during the 12-month period ending on July we would make sure that this deal did for electricity. However, once we pro- 18, 2005. not hamper, but did not help, India’s vide them all of this nuclear material The Acting CHAIRMAN. Pursuant to nuclear weapons program. for their nuclear electricity, it is going House Resolution 947, the gentleman I hope the amendment will enjoy sup- to free up the same amount to make from California (Mr. SHERMAN) and a port. nuclear bombs. Member opposed each will control 5 Mr. ROYCE. Mr. Chairman, I claim So they can go from 7 a year to 40 to minutes. the time in opposition. 50 nuclear bombs a year. Well, they are The Chair recognizes the gentleman The Acting CHAIRMAN. The gen- saying they do not want to do that. from California. tleman from California is recognized And the proponents of this treaty are Mr. SHERMAN. Mr. Chairman, I for 5 minutes. saying, they are not going to do that. yield myself 3 minutes. Mr. ROYCE. Mr. Chairman, I yield What the Sherman amendment says is, Mr. Chairman, India is a democracy such time as he may consume to the the President must certify each year and it knows that this Congress has a distinguished chairman of the Inter- that they do not do that. That is why role to play. They negotiated a deal national Relations Committee, the the Sherman amendment is the deal which is better than the deal they gentleman from Illinois (Mr. HYDE). maker, because it proves what is being need. That deal which they negotiated Mr. HYDE. Mr. Chairman, this is a said is actually the truth. with our State Department is very killer amendment. If you vote for it, Mr. ROYCE. Mr. Chairman, I reserve loose on the issue of nonproliferation you vote to kill this entire initiative, the balance of my time. of nuclear weapons. India knows, or at because this imposes limits on India’s Mr. SHERMAN. Mr. Chairman, I least expects, that this Congress will nuclear weapons program, but India al- yield 30 seconds to the gentleman from do its job and make the agreement bet- ready possesses nuclear weapons and is Ohio (Mr. KUCINICH). ter, tighten the agreement so that it extremely unlikely to give them up. Mr. KUCINICH. Mr. Chairman, as does not help India to build additional Recognizing this fact is recognizing re- Congressman MARKEY just said, as this nuclear weapons. ality. proposal now stands, there is nothing The question is whether this Con- This is a restriction imposed by the stopping India from using more and gress will do its job or surprise the In- Sherman amendment that we impose more of its domestic uranium for weap- dians and simply be a rubber stamp for on no other nuclear power, with the ex- ons program. Without the safeguards the agreement that has already been ception of North Korea, which may provided by the Sherman amendment, negotiated. I hope we do our job, and have nuclear weapons. This, as I have India could produce dozens more nu- here is why. said, is a deal killer. Both India has clear weapons per year under the U.S.-

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.057 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5923 India deal, which would surely lead to Let me also say that people recognize amendment, the gentlewoman from an arms race with neighboring rival that India has great demand for ex- California (Mrs. TAUSCHER). Pakistan. panding its energy grid to create elec- Mrs. TAUSCHER. Mr. Chairman, I Mr. Chairman, I am a great supporter tricity for its people. Let me say that thank Mr. BERMAN for his hard work of India and of stronger U.S.-India rela- the gentleman has taken a unique ap- with me on this issue. I commend tions. India is the world’s largest de- proach to this issue for which he Chairman HYDE, for whom I have tre- mocracy. It has contributed measur- should be commended. We sympathize mendous affection, for having this bill ably to the legacy of peace of the great with his concerns. named after him. leader Mahatma Ghandi. India’s long- However, I do not see the amendment Mr. Chairman, the amendment that standing goal of universal nuclear dis- as even workable. I do not know that Mr. BERMAN and I are offering is the armament has not been acknowledged such a determination with a high de- single strongest step Congress can take enough in this debate. gree of confidence could even be made. to ensure that the civilian nuclear co- This proposal will be harmful to security in So I am concerned about terminating operation agreement with India does India, in the region and the world. And this the agreement with India on such a not lead to a nuclear arms race in proposal will be harmful to the people of India certification that cannot even be made South Asia. in that it could escalate an arms race between with any certitude. Our amendment would allow exports India and Pakistan. Mr. Chairman, for some of these rea- of nuclear reactors and other tech- I support Representative SHERMAN’s amend- sons, this amendment was defeated in nology to India, our good friend. But it ment, which requires the President to certify committee by a vote of 10–32 when it would prevent the export of nuclear re- annually that India is not dedicating more do- was offered. I urge the House to do the actor fuel until India has ceased pro- mestic uranium to its weapons program, as a same. duction of fissile material for use in condition for the U.S. to cooperate with India Mr. Chairman, I yield back the bal- nuclear weapons. The United States on nuclear technology. ance of my time. and the other original nuclear weapons Pakistan wants a deal with the U.S. on nu- The Acting CHAIRMAN. The ques- states have all agreed to a voluntary clear technology, but the U.S. has refused. In- tion is on the amendment offered by moratorium on fissile material produc- stead, Pakistan has turned to China for this the gentleman from California (Mr. tion. technology. To add fuel to the fire, it was just SHERMAN). But under the bill as currently writ- reported that Pakistan has begun building a The question was taken; and the Act- ten, India will receive all of the bene- powerful new reactor for producing plutonium, ing Chairman announced that the noes fits of a nuclear state under the non- signaling a major expansion of the country’s appeared to have it. proliferation treaty without being obli- nuclear weapons capabilities. Mr. SHERMAN. Mr. Chairman, I de- gated to halt the production of fissile Instead of giving India more uranium to de- mand a recorded vote. material, without having to sign a The Acting CHAIRMAN. Pursuant to velop nuclear weapons, the United States comprehensive test ban treaty, or to clause 6 of rule XVIII, further pro- should take leadership in preventing an arms take other steps toward disarmament. ceedings on the amendment offered by race in the region. A good first step would be Requiring that India commit to ceas- the gentleman from California will be to pass the Sherman amendment. ing the production of bomb material, in Mr. SHERMAN. Mr. Chairman, I postponed. exchange for all of the benefits of nu- yield myself the balance of my time. AMENDMENT NO. 5 OFFERED BY MR. BERMAN clear trade, without asking for it to Mr. Chairman, let me respond to the The Acting CHAIRMAN. It is now in take any other responsibilities of a nu- arguments. They say that India claims order to consider amendment No. 5 clear power is the bare minimum we this is a killer amendment. This a ne- printed in part B of House Report 109– should require to improve United gotiating tactic. Any amendment I 599. States’ national security. don’t like is a killer amendment. I use Mr. BERMAN. Mr. Chairman, I offer The bill before us makes drastic ex- the negotiating tactic myself. an amendment. ceptions to established nonprolifera- The Acting CHAIRMAN. The Clerk We are told this imposes a require- tion rules. Currently India’s production ment on India that we do not impose will designate the amendment. The text of the amendment is as fol- of weapons-grade plutonium is con- on the other nuclear powers. All the lows: strained by the requirements of its nu- other nuclear powers sign the non- clear power reactors and its limited Amendment No. 5 offered by Mr. BERMAN: proliferation treaty. India deliberately In section 4(d), add at the end the following supply of natural uranium. But the puts itself in a class by itself. new paragraph: civil-military separation plan offered We are told that this bill, this (5) LIMITATION ON NUCLEAR TRANSFERS TO by India excludes from national inter- amendment is designed to be a killer INDIA.—Notwithstanding any other provision national inspection military facilities amendment. I don’t think the gen- of law, and notwithstanding the entry into and spent fuel. tleman meant that as an attack on my force of an agreement for nuclear coopera- This provides India with a substan- belief and integrity. I voted for the bill. tion with India pursuant to section 123 of the tial capability to increase its nuclear Atomic Energy Act of 1954 (42 U.S.C. 2153) I do not intend to kill the bill. weapons arsenal. If the bill goes ahead The Democratic leader was on this and approved pursuant to this Act, nuclear transfers to India shall not include source as is, the foreign supply of nuclear fuel floor endorsing another amendment material and special nuclear material (as de- to India would free up their existing that India says is a killer amendment. fined in section 11 of such Act (42 U.S.C. limited capacity of highly enriched I do not think she intends to kill the 2014)) unless the President determines that uranium and plutonium for weapons. bill. She said she was going to vote for India— It is therefore responsible and pru- it. Those of us who want to improve (A) is adhering to a unilateral moratorium dent for Congress to ensure through the bill want to improve it. And if we on the production of fissile material for nu- this legislation that as a simple price are nothing more than a rubber stamp clear weapons; of having access to sensitive nuclear for a deal which by its terms will allow (B) is adhering to a multilateral morato- rium on the production of fissile material for technology, India declare a morato- India to double its nuclear weapons nuclear weapons; or rium on productions of fissile material, production, all in the name of gener- (C) has signed and is adhering to a multi- just as the U.S. and other nuclear pow- ating electricity, then we are not doing lateral treaty prohibiting the production of ers have. our job. Please vote for the amend- fissile material for nuclear weapons. Mr. Chairman, I urge my colleagues ment. The Acting CHAIRMAN. Pursuant to to support this amendment. Mr. ROYCE. Mr. Chairman, I rise in House Resolution 947, the gentleman Mr. BERMAN. Mr. Chairman, I re- opposition to this amendment. I will from California (Mr. BERMAN) and the serve the balance of my time. note that the base text of this bill, in gentleman from California (Mr. ROYCE) Mr. ROYCE. Mr. Chairman, I yield 2 section 402, already asks for a classified each will control 5 minutes. minutes to the distinguished chairman report on India’s domestic uranium The Chair recognizes the gentleman of the International Relations Com- usage. But the gentleman’s amendment from California (Mr. BERMAN). mittee (Mr. HYDE). would make such a certification a con- Mr. BERMAN. Mr. Chairman, I yield Mr. HYDE. Mr. Chairman, I announce dition for the deal. 21⁄2 minutes to my co-author of this my difficulty in opposing my good

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.123 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5924 CONGRESSIONAL RECORD — HOUSE July 26, 2006 friends, Mr. BERMAN and Mrs. What will they do with Pakistan in The gentleman is right that the lan- TAUSCHER. They are both very learned the Nuclear Suppliers Group? At least, guage in the underlying bill is not as in this field. thank heavens, we will have a chance strenuous as his proposal, but there is However, this amendment is very to see this agreement when it is finally also an international component to similar to Mr. SHERMAN’s amendment negotiated after the Nuclear Suppliers this agreement. We are opening the and should be defeated for virtually the Group has decided. door for this cooperation with India same reasons. India already possesses not only for the United States but for b 1945 nuclear weapons, and is very unlikely other countries as well, and I don’t see to dispose of them or be divested of But don’t just accept the words it is how the gentleman’s amendment would them. a killer amendment. Give this a good prevent the nuclear supplier group This is a restriction that the U.S. im- vote. Let India know we are very seri- from approving such trade for other poses on no other nuclear power. ous about this. Reinforce the adminis- countries, excluding only the U.S. Therefore, instead of proliferating good tration’s commitment to this issue Let me also say I do believe that ful- will it would proliferate bad will to im- which wavered in the negotiation of filling this relationship with India is in pose this on India. India. This issue goes far beyond U.S.- the interest of the United States. In- This is the proverbial deal killer, as India relationships. It goes on with deed, and here is my final point, if this the Sherman amendment was. A vote what happens with the nuclear powers amendment were to pass, it could in for this amendment is a vote to kill the and with the spread of nuclear weap- fact be detrimental to U.S. interests agreement even if the bill passes. So, ons. It will have ramifications far be- from that perspective. with considerable regret I must urge yond the U.S.-India relationship. Mr. BERMAN. Mr. Chairman, will the defeat of this amendment. This is a modest amendment. This is the gentleman yield? Mr. ROYCE. Mr. Chairman, I yield 1 the amendment Sam Nunn proposes. Mr. ROYCE. I yield to the gentleman minute to the gentleman from Cali- This allows reactor technology and all from California. fornia (Mr. LANTOS). of the other facets of a civilian nuclear Mr. BERMAN. I thank the gentleman Mr. LANTOS. Mr. Chairman, I regret cooperation to go ahead. It just says no for yielding. but I must strongly oppose this amend- fuel until you have decided to cut off But the Nuclear Suppliers Group op- ment offered by my good friend from fissile material production. erates on a consensus. If this amend- California. This amendment was care- Mr. ROYCE. Mr. Chairman, I would ment is in the agreement, the United fully considered by the International like to yield 1 minute to the chairman States will not support a consensus po- Relations Committee and was over- of the International Relations Com- sition that allows another country to whelming defeated on a bipartisan mittee. send nuclear fuel to India. vote. Mr. HYDE. I was simply going to sug- The Acting CHAIRMAN. The ques- It is a killer amendment, which gest to my good friend, Mr. BERMAN, tion is on the amendment offered by would destroy this historic piece of leg- that while you are looking for patterns the gentleman from California (Mr. islation, and I think it would be irre- of conduct, think of the Libya example. BERMAN). sponsible for us to hazard that strong Mr. Khadaffi might just turn in all The question was taken; and the Act- probability. their weapons. That is entirely pos- ing Chairman announced that the noes Mr. Chairman, I urge all of my col- sible. appeared to have it. leagues to oppose this amendment. Mr. BERMAN. Well, I do. But it Mr. BERMAN. Mr. Chairman, I de- Mr. ROYCE. Mr. Chairman, I reserve wasn’t because we gave Libya civilian mand a recorded vote. the balance of my time. nuclear cooperation. But I wouldn’t The Acting CHAIRMAN. Pursuant to Mr. BERMAN. Mr. Chairman, I yield compare India and Libya. They are clause 6 of rule XVIII, further pro- myself the balance of my time. very different countries. And the gain ceedings on the amendment offered by Mr. Chairman, first I point out that for Libya was a great gain for non- the gentleman from California will be while this amendment was defeated de- proliferation, I agree. But now we are postponed. cisively, it was not defeated over- in a different situation. Think of AMENDMENT NO. 6 OFFERED BY MR. whelming. China, think of Pakistan, think of FORTENBERRY Secondly, and I say this with great Iran, think of North Korea. The Acting CHAIRMAN. It is now in respect both to Chairman HYDE and Mr. ROYCE. Reclaiming my time, order to consider amendment No. 6 Ranking Member LANTOS, who not only Mr. Chairman. printed in part B of House Report 109– do great work here, but made this a I rise in opposition to the Berman 599. significantly better bill by virtue of amendment. I would like to commend Mr. FORTENBERRY. Mr. Chairman, their efforts. the gentleman from California for I offer an amendment. Let’s review the bidding here. The bringing this issue before the House The Acting CHAIRMAN. The Clerk U.S. went into this discussion saying, today, and I know that he does so hav- will designate the amendment. The text of the amendment is as fol- India, we want you to cut off fissile ing studied this issue very closely. lows: material production. India said no. The The gentleman’s amendment would Amendment No. 6 offered by Mr. administration backed off its position. prevent the full realization of this FORTENBERRY: I now offer an amendment that sim- agreement until India has put in place In section 4(o), add at the end the following ply denies the fuel until such time as a cap, either unilaterally or multilat- new paragraph: they cut off their fissile material pro- eral, on its fissile material production. (5) GROWTH IN INDIA’S MILITARY FISSILE MA- duction. The administration says it is That is a highly unlikely or even an TERIAL PRODUCTION.— a killer amendment. The language that implausible scenario given the dynam- (A) IN GENERAL.—Not later than one year they proposed in a weakened form now, ics in the region in South Asia. after the date on which an agreement for nu- they call a killer amendment. This should, frankly, be a goal, and clear cooperation between the United States Let’s test the proposition here. Give the administration should be doing and India is approved by Congress under sec- tion 4(f) and every year thereafter, the Presi- a good vote to this amendment. As Mr. more on that front. But it should not dent shall submit to the Committee on Inter- SHERMAN and Mr. MARKEY pointed out, be a mandate for this agreement. national Relations of the House of Rep- we are incentivizing, if we provide the This amendment is not without resentatives and the Committee on Foreign fuel, we are incentivizing a massive po- merit. I offered a successful amend- Relations of the Senate a report that— tential increases in India’s nuclear ment in committee that states that (i) measures the effectiveness of the civil weapon production. nothing in this bill shall violate our nuclear cooperation agreement in achieving What is China going to do? I am not Article I NPT obligation not to in any the goals and objectives described in section that worried about India. But India has way assist, encourage, or induce India 2; and minimal deterrent capabilities against to manufacture or otherwise acquire (ii) assesses the relative level of India’s nu- clear fissile material production compared to China right now. What is China going nuclear weapons or nuclear explosive the previous year. to do? China right now has halted its devices. So I think Congress has made (B) CONTENTS.—The report described in fissile material production. Will they it clear that this is not the intent of subparagraph (A) shall also include informa- continue to do that once this passes? the agreement. tion relating to—

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.127 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5925 (i) the amount of natural uranium India (vi) the amount of domestic uranium purpose and directly or indirectly re- has mined and milled during the previous India has otherwise stockpiled for possible sult in boosting India’s military nu- year; civil or military use; clear capabilities. (ii) the amount of electricity India’s ci- (vii) an identification of any changes with It is my expectation that the Inter- vilian reactors have produced during the pre- regard to these quantities from the previous vious year; year; and national Relations Committee will (iii) the amount of domestic natural ura- (viii) any additional qualitative factors de- avail itself of this opportunity to hold nium India has used to produce electricity termined to be relevant with respect to sub- as many hearings as necessary to ex- during the previous year; paragraph (A), as appropriate, such as the lo- amine the content of this report and (iv) the amount of fissile material India cation of production facilities. the potential implications for the U.S. has produced for military purposes during (C) PREPARATION; FORM OF REPORT.—The compliance with Article I of the Treaty the previous year; report should rely on public information to on the Nonproliferation of Nuclear (v) the amount of domestic natural ura- the extent possible. The report shall include Weapons as referenced in the bill. nium and domestic enrichment capacity a classified annex if necessary. India has used to produce such fissile mate- This is particularly important in rial; Mr. FORTENBERRY (during the light of the recent news regarding the (vi) the amount of domestic uranium reading). Mr. Chairman, I ask unani- discovery of a reactor project which India has otherwise stockpiled for possible mous consent that the modification be would enable Pakistan to make many civil or military use; considered as read and printed in the more nuclear weapons each year. This (vii) an identification of any changes with RECORD. news highlights very real concerns regard to these quantities from the previous The Acting CHAIRMAN. Is there ob- year; and about a potential arms race in South jection to the request of the gentleman Asia. It is up to Congress to ensure (viii) any additional qualitative factors de- from Nebraska? termined to be relevant with respect to sub- that any U.S.-India civil nuclear agree- paragraph (A), as appropriate, such as the lo- There was no objection. ment remains just that, a civil nuclear cation of production facilities. The Acting CHAIRMAN. Without ob- agreement which will have no impact (C) PREPARATION; FORM OF REPORT.—The jection, the amendment is modified. on the production of nuclear weapons. report should rely on public information to There was no objection. Mr. Chairman, I understand that the extent possible. The report shall include The Acting CHAIRMAN. Pursuant to Chairman HYDE and Ranking Member a classified annex if necessary. House Resolution 947, the gentleman ANTOS (D) HEARINGS.—The Committees specified L are in support of this amend- from Nebraska (Mr. FORTENBERRY) and in subparagraph (A) may, after consideration ment, and I am grateful for their sup- of each report under this paragraph, hold a Member opposed each will control 5 port. hearings with government and non-govern- minutes. Mr. Chairman, I yield to the gen- ment witnesses as each Committee deter- The Chair recognizes the gentleman tleman from California. mines necessary to evaluate each report. from Nebraska. Mr. ROYCE. Mr. Chairman, I thank MODIFICATION TO AMENDMENT NO. 6 OFFERED Mr. FORTENBERRY. Mr. Chairman, the gentleman for yielding. BY MR. FORTENBERRY I yield myself as much time as I may As we have noted before, the under- Mr. FORTENBERRY. Mr. Chairman, consumed. lying bill in section 402 already asks I ask unanimous consent to modify the (Mr. FORTENBERRY asked and was for a classified report on India’s domes- amendment with the modification given permission to revise and extend tic uranium usage. The gentleman placed at the desk. his remarks.) from Nebraska’s amendment asks for The Acting CHAIRMAN. The Clerk Mr. FORTENBERRY. Mr. Chairman, an additional report building on the re- will report the modification. thank you for the opportunity to offer port in the underlying bill. We are will- The Clerk read as follows: this amendment to H.R. 5682, the ing to accept that amendment. Modification to amendment No. 6 offered United States and India Nuclear Co- Mr. LANTOS. Mr. Chairman, will the by Mr. FORTENBERRY: In section 4(o), add at the end the following operation Promotion Act of 2006. The gentleman yield? new paragraph: purpose of this amendment is to pro- Mr. FORTENBERRY. I yield to the (5) GROWTH IN INDIA’S MILITARY FISSILE MA- vide Congress with the ability to as- gentleman from California. TERIAL PRODUCTION.— sess, to the extent possible, whether Mr. LANTOS. Mr. Chairman, I want (A) IN GENERAL.—Not later than one year U.S. civilian nuclear cooperation with to commend my friend from Nebraska. after the date on which an agreement for nu- India may potentially contribute to We are pleased to accept his amend- clear cooperation between the United States growth in India’s military fissile mate- ment. It strengthens the underlying and India is approved by Congress under sec- rial production. The amendment is tion 4(f) and every year thereafter, the Presi- legislation. I urge all of my colleagues dent shall submit to the Committee on Inter- straightforward. It simply calls for a to support it. national Relations of the House of Rep- report each year to ensure that the Mr. FORTENBERRY. I thank the resentatives and the Committee on Foreign United States is not unintentionally gentleman and appreciate all of his Relations of the Senate a report that— complicit in the growth of India’s nu- hard work. (i) measures the effectiveness of the civil clear weapons capabilities. Mr. Chairman, I yield back the bal- nuclear cooperation agreement in achieving First of all, let me express my appre- ance of my time. the goals and objectives described in section ciation to Chairman HYDE and Ranking The Acting CHAIRMAN. Does anyone 2; and Member LANTOS and the House Inter- (ii) assesses the relative level of India’s nu- claim time in opposition to the amend- clear fissile material production compared to national Relations Committee staff for ment? the previous year. their efforts to address a wide variety The question is on the amendment, (B) CONTENTS.—The report described in of concerns expressed by members of as modified, offered by the gentleman subparagraph (A) shall also include informa- the International Relations Com- from Nebraska (Mr. FORTENBERRY). tion relating to— mittee. The amendment, as modified, was (i) the amount of natural uranium India Given the global significance of this agreed to. has mined and milled during the previous potential agreement, I believe it is im- SEQUENTIAL VOTES POSTPONED IN COMMITTEE year; portant to remain diligent in the con- OF THE WHOLE (ii) the amount of electricity India’s ci- vilian reactors have produced during the pre- duct of our oversight responsibilities. The Acting CHAIRMAN. Pursuant to vious year; Mr. Chairman, civil nuclear coopera- clause 6 of rule XVIII, proceedings will (iii) the amount of domestic natural ura- tion with India is a bilateral initiative now resume on those amendments nium India has used in its declared civilian with wide-ranging multilateral impli- printed in part B of House Report 109– reactors to produce electricity during the cations. The nonproliferation, energy 599 on which further proceedings were previous year; and environmental objectives of this postponed, in the following order: (iv) the amount of fissile material India proposed agreement with India are Amendment No. 2 by Mr. STEARNS of has produced for military purposes during laudable; and the Committee on Inter- the previous year; Florida. (v) the amount of domestic natural ura- national Relations has emphasized the Amendment No. 4 by Mr. SHERMAN of nium and domestic enrichment capacity need to ensure that such an agreement California. India has used to produce such fissile mate- would not result in unintended con- Amendment No. 5 by Mr. BERMAN of rial; sequences which may undermine its California.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.054 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5926 CONGRESSIONAL RECORD — HOUSE July 26, 2006 The first electronic vote will be con- Kennedy (MN) Musgrave Scott (GA) Mr. MURPHY. Mr. Chairman, on rollcall No. Kennedy (RI) Myrick Scott (VA) ducted as a 15-minute vote. Remaining Kildee Nadler Sensenbrenner 407, I was unavoidably detained. Had I been electronic votes will be conducted as 5- Kilpatrick (MI) Napolitano Serrano present, I would have voted ‘‘aye.’’ minute votes. Kind Neal (MA) Sessions AMENDMENT NO. 4 OFFERED BY MR. SHERMAN King (IA) Neugebauer Shadegg AMENDMENT NO. 2 OFFERED BY MR. STEARNS King (NY) Ney Shaw The Acting CHAIRMAN. The pending The Acting CHAIRMAN. The pending Kingston Northup Shays business is the demand for a recorded business is the demand for a recorded Kirk Norwood Sherman vote on the amendment offered by the Kline Nunes Sherwood vote on the amendment offered by the Knollenberg Oberstar Shimkus gentleman from California (Mr. SHER- gentleman from Florida (Mr. STEARNS) Kolbe Obey Shuster MAN) on which further proceedings on which further proceedings were Kucinich Ortiz Simmons were postponed and on which the noes postponed and on which the ayes pre- Kuhl (NY) Osborne Simpson LaHood Otter Skelton prevailed by voice vote. vailed by voice vote. Langevin Owens Slaughter The Clerk will redesignate the The Clerk will redesignate the Lantos Oxley Smith (NJ) amendment. amendment. Larsen (WA) Pallone Smith (TX) Larson (CT) Pascrell Smith (WA) The Clerk redesignated the amend- The Clerk redesignated the amend- Latham Pastor Snyder ment. ment. LaTourette Paul Sodrel RECORDED VOTE Leach Payne Solis RECORDED VOTE Lee Pearce Souder The Acting CHAIRMAN. A recorded The Acting CHAIRMAN. A recorded Levin Pelosi Spratt vote has been demanded. vote has been demanded. Lewis (CA) Pence Stark A recorded vote was ordered. A recorded vote was ordered. Lewis (GA) Peterson (MN) Stearns Lewis (KY) Peterson (PA) Strickland The Acting CHAIRMAN. This will be The vote was taken by electronic de- Linder Petri Stupak a 5-minute vote. vice, and there were—ayes 414, noes 0, Lipinski Pickering Sullivan The vote was taken by electronic de- not voting 18, as follows: LoBiondo Pitts Tancredo Lofgren, Zoe Platts Tanner vice, and there were—ayes 155, noes 268, [Roll No. 407] Lowey Poe Tauscher not voting 9, as follows: AYES—414 Lucas Pombo Taylor (MS) Lungren, Daniel Pomeroy Taylor (NC) [Roll No. 408] Abercrombie Carter Frank (MA) E. Porter Terry AYES—155 Ackerman Case Franks (AZ) Lynch Price (GA) Thomas Abercrombie Holt Pascrell Aderholt Castle Frelinghuysen Mack Price (NC) Thompson (CA) Allen Honda Pastor Akin Chabot Gallegly Maloney Putnam Thompson (MS) Baca Hooley Alexander Chandler Garrett (NJ) Manzullo Radanovich Thornberry Paul Baird Hostettler Allen Chocola Gerlach Marchant Rahall Tiahrt Payne Baldwin Hoyer Andrews Clay Gibbons Markey Ramstad Tiberi Pelosi Barton (TX) Jefferson Baca Cleaver Gilchrest Marshall Rangel Tierney Peterson (MN) Becerra Johnson, E. B. Bachus Clyburn Gillmor Matheson Regula Towns Petri Berman Jones (NC) Baird Coble Gingrey Matsui Rehberg Turner Pitts Berry Jones (OH) Baker Cole (OK) Gohmert McCarthy Reichert Udall (CO) Platts Bishop (NY) Kanjorski Baldwin Conaway Goode McCaul (TX) Renzi Udall (NM) Pomeroy Blumenauer Kaptur Barrett (SC) Conyers Goodlatte McCollum (MN) Reyes Upton Price (NC) Boucher Kennedy (RI) Barrow Cooper Gordon McCotter Reynolds Van Hollen Ramstad Brady (PA) Kildee Bartlett (MD) Costa Granger McCrery Rogers (AL) Vela´ zquez Ross Brown (OH) Kilpatrick (MI) Barton (TX) Costello Graves McDermott Rogers (KY) Visclosky Rothman Brown, Corrine Kind Bass Cramer Green (WI) McGovern Rogers (MI) Walden (OR) Butterfield Kucinich Ryan (OH) Bean Crenshaw Green, Al McHugh Rohrabacher Walsh Capps Langevin Sabo Beauprez Crowley Green, Gene McIntyre Ros-Lehtinen Wamp Capuano Larsen (WA) Sa´ nchez, Linda Becerra Cubin Grijalva McKeon Ross Wasserman Cardin Larson (CT) T. Berkley Cuellar Gutierrez McMorris Rothman Schultz Carson Leach Sanchez, Loretta Berman Culberson Gutknecht McNulty Roybal-Allard Waters Clay Lee Sanders Berry Cummings Hall Meehan Royce Watson Clyburn Lewis (GA) Saxton Biggert Davis (AL) Harman Meek (FL) Ruppersberger Watt Coble LoBiondo Schakowsky Bilbray Davis (CA) Harris Meeks (NY) Rush Waxman Conyers Lofgren, Zoe Schiff Bilirakis Davis (FL) Hart Melancon Ryan (OH) Weiner Costello Lowey Schwartz (PA) Bishop (GA) Davis (IL) Hastings (FL) Mica Ryan (WI) Weldon (FL) Cummings Lynch Scott (GA) Bishop (NY) Davis (KY) Hastings (WA) Michaud Ryun (KS) Weldon (PA) Davis (CA) Maloney Serrano Bishop (UT) Davis (TN) Hayes Millender- Sabo Weller DeFazio Markey Sherman Blackburn Davis, Tom Hayworth McDonald Salazar Westmoreland DeGette Marshall Blumenauer DeFazio Hefley Miller (MI) Sa´ nchez, Linda Whitfield Slaughter Delahunt Matsui Blunt DeGette Hensarling Miller (NC) T. Wicker Smith (NJ) DeLauro McCarthy Boehlert Delahunt Herger Miller, Gary Sanchez, Loretta Wilson (NM) Solis Dicks McCollum (MN) Boehner DeLauro Herseth Miller, George Sanders Wilson (SC) Spratt Dingell McDermott Bonilla Dent Higgins Mollohan Saxton Wolf Stark Doggett McGovern Bonner Diaz-Balart, L. Hinchey Moore (KS) Schakowsky Woolsey Stupak Eshoo McIntyre Bono Diaz-Balart, M. Hinojosa Moore (WI) Schiff Wu Tauscher Etheridge McNulty Boozman Dicks Hobson Moran (KS) Schmidt Wynn Taylor (MS) Farr Meehan Boren Dingell Hoekstra Moran (VA) Schwartz (PA) Young (AK) Thompson (CA) Fattah Michaud Boswell Doggett Holden Murtha Schwarz (MI) Young (FL) Tierney Filner Millender- Boucher Doolittle Holt Udall (CO) Boyd Doyle Honda NOT VOTING—18 Fitzpatrick (PA) McDonald Fortenberry Miller, George Udall (NM) Bradley (NH) Drake Hooley Boustany Istook Murphy Upton Brady (PA) Dreier Hostettler Garrett (NJ) Moore (KS) Davis, Jo Ann Jones (OH) Nussle Van Hollen Brady (TX) Duncan Hoyer Gerlach Moore (WI) Deal (GA) Kelly Olver Vela´ zquez Brown (OH) Edwards Hulshof Gilchrest Moran (KS) Evans McHenry Pryce (OH) Visclosky Brown (SC) Ehlers Hunter Gohmert Murtha Ford McKinney Sweeney Goode Nadler Waters Brown, Corrine Emanuel Hyde Gonzalez Miller (FL) Wexler Brown-Waite, Emerson Inglis (SC) Green, Al Napolitano Watson Ginny Engel Inslee b 2017 Grijalva Neal (MA) Watt Burgess English (PA) Israel Gutierrez Oberstar Waxman Burton (IN) Eshoo Issa Mr. GEORGE MILLER of California Harman Obey Weiner Butterfield Etheridge Jackson (IL) changed his vote from ‘‘no’’ to ‘‘aye.’’ Hefley Olver Weldon (PA) Woolsey Buyer Everett Jackson-Lee So the amendment was agreed to. Hinchey Otter Calvert Farr (TX) Holden Owens Wu Camp (MI) Fattah Jefferson The result of the vote was announced NOES—268 Campbell (CA) Feeney Jenkins as above recorded. Cannon Ferguson Jindal Stated for: Ackerman Bartlett (MD) Bishop (UT) Cantor Filner Johnson (CT) Aderholt Bass Blackburn Capito Fitzpatrick (PA) Johnson (IL) Mr. SWEENEY. Mr. Chairman, on rollcall Akin Bean Blunt Capps Flake Johnson, E. B. No. 407, I was unavoidably detained. Had I Alexander Beauprez Boehlert Capuano Foley Johnson, Sam been present, I would have voted ‘‘aye.’’ Andrews Berkley Boehner Cardin Forbes Jones (NC) Mr. MILLER of Florida. Mr. Chairman, on Bachus Biggert Bonilla Cardoza Fortenberry Kanjorski Baker Bilbray Bonner Carnahan Fossella Kaptur rollcall No. 407, I was unavoidably detained. Barrett (SC) Bilirakis Bono Carson Foxx Keller Had I been present, I would have voted ‘‘aye.’’ Barrow Bishop (GA) Boozman

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.135 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5927 Boren Hastings (FL) Pearce The result of the vote was announced NOES—241 Boswell Hastings (WA) Pence Ackerman Gillmor Northup Boustany Hayes Peterson (PA) as above recorded. Aderholt Gingrey Norwood Boyd Hayworth Pickering AMENDMENT NO. 5 OFFERED BY MR. BERMAN Akin Goodlatte Bradley (NH) Hensarling Poe Ortiz Alexander Gordon Brady (TX) Herger Pombo The Acting CHAIRMAN. The pending Osborne Bachus Granger Brown (SC) Herseth Porter Oxley business is the demand for a recorded Baker Graves Brown-Waite, Higgins Price (GA) Pallone vote on the amendment offered by the Barrett (SC) Green (WI) Ginny Hinojosa Pryce (OH) Pearce Barrow Gutierrez Burgess Hobson Putnam gentleman from California (Mr. BER- Pence Bartlett (MD) Gutknecht Burton (IN) Hoekstra Peterson (PA) Radanovich MAN) on which further proceedings Bass Hall Buyer Hulshof Pickering Rahall were postponed and on which the noes Bean Harris Calvert Hunter Poe Rangel Beauprez Hart Camp (MI) Hyde prevailed by voice vote. Pombo Regula Berkley Hastings (FL) Campbell (CA) Inglis (SC) Pomeroy Rehberg The Clerk will redesignate the Biggert Hastings (WA) Cannon Inslee Porter Reichert Bilbray Hayes Cantor Israel amendment. Price (GA) Renzi Bilirakis Hayworth Capito Issa Pryce (OH) Reyes The Clerk redesignated the amend- Bishop (GA) Hensarling Cardoza Jackson (IL) Putnam Reynolds ment. Bishop (UT) Herger Carnahan Jackson-Lee Radanovich Rogers (AL) Blackburn Higgins Carter (TX) Rahall Rogers (KY) RECORDED VOTE Blunt Hoekstra Case Jenkins Rangel Rogers (MI) Boehner Hulshof Castle Jindal The Acting CHAIRMAN. A recorded Rohrabacher Bonilla Hunter Regula Chabot Johnson (CT) Ros-Lehtinen vote has been demanded. Bonner Hyde Rehberg Chandler Johnson (IL) Roybal-Allard Bono Inglis (SC) Reichert Chocola Johnson, Sam A recorded vote was ordered. Royce Boozman Israel Renzi Cleaver Keller Ruppersberger The Acting CHAIRMAN. This will be Boren Issa Reyes Cole (OK) Kelly Rush Boswell Jackson (IL) Reynolds Conaway Kennedy (MN) a 5-minute vote. Ryan (WI) Boustany Jackson-Lee Rogers (AL) Cooper King (IA) Ryun (KS) The vote was taken by electronic de- Bradley (NH) (TX) Rogers (KY) Costa King (NY) Salazar Brady (TX) Jenkins Rogers (MI) Cramer Kingston vice, and there were—ayes 184, noes 241, Schmidt Brown (SC) Jindal Rohrabacher Crenshaw Kirk not voting 7, as follows: Schwarz (MI) Brown, Corrine Johnson (CT) Ros-Lehtinen Crowley Kline Scott (VA) Burgess Johnson (IL) Roybal-Allard Cubin Knollenberg [Roll No. 409] Sensenbrenner Burton (IN) Johnson, Sam Royce Cuellar Kolbe Sessions AYES—184 Buyer Keller Ruppersberger Culberson Kuhl (NY) Shadegg Calvert Kelly Rush Davis (AL) LaHood Abercrombie Green, Al Olver Shaw Camp (MI) Kennedy (MN) Davis (FL) Lantos Allen Green, Gene Otter Ryan (WI) Shays Campbell (CA) King (IA) Davis (IL) Latham Andrews Grijalva Owens Ryun (KS) Sherwood Cannon King (NY) Davis (KY) LaTourette Baca Harman Pascrell Salazar Cantor Kingston Davis (TN) Levin Shimkus Baird Hefley Pastor Saxton Capito Kirk Davis, Tom Lewis (CA) Shuster Baldwin Herseth Paul Schmidt Carnahan Kline Dent Lewis (KY) Simmons Barton (TX) Hinchey Payne Scott (VA) Carter Knollenberg Diaz-Balart, L. Linder Simpson Becerra Hinojosa Pelosi Sensenbrenner Skelton Castle Kolbe Diaz-Balart, M. Lipinski Berman Hobson Peterson (MN) Sessions Smith (TX) Chabot Kuhl (NY) Doolittle Lucas Berry Holden Petri Shadegg Chocola LaHood Doyle Lungren, Daniel Smith (WA) Bishop (NY) Holt Shaw Pitts Cole (OK) Lantos Drake E. Snyder Blumenauer Honda Shays Platts Conaway Latham Dreier Mack Sodrel Boehlert Hooley Shimkus Price (NC) Cramer LaTourette Duncan Manzullo Souder Boucher Hostettler Shuster Ramstad Crenshaw Levin Edwards Marchant Stearns Boyd Hoyer Simmons Ross Crowley Lewis (KY) Ehlers Matheson Strickland Brady (PA) Inslee Simpson Rothman Cubin Linder Emanuel McCaul (TX) Sullivan Brown (OH) Jefferson Smith (TX) Ryan (OH) Cuellar Lipinski Emerson McCotter Sweeney Brown-Waite, Johnson, E. B. Smith (WA) Sabo Culberson LoBiondo Engel McCrery Tancredo Ginny Jones (NC) Sodrel Sa´ nchez, Linda Davis (AL) Lucas English (PA) McHenry Tanner Butterfield Jones (OH) Strickland T. Davis (FL) Lungren, Daniel Everett McHugh Taylor (NC) Capps Kanjorski Sullivan Sanchez, Loretta Davis (IL) E. Feeney McKeon Terry Capuano Kaptur Davis (KY) Mack Sweeney Ferguson McMorris Thomas Cardin Kennedy (RI) Sanders Davis (TN) Manzullo Tancredo Flake Meek (FL) Thompson (MS) Cardoza Kildee Schakowsky Diaz-Balart, L. Marchant Tanner Foley Meeks (NY) Thornberry Carson Kilpatrick (MI) Schiff Diaz-Balart, M. Matheson Terry Forbes Melancon Tiahrt Case Kind Schwartz (PA) Doolittle McCaul (TX) Thomas Fossella Mica Tiberi Chandler Kucinich Schwarz (MI) Drake McCotter Thompson (MS) Foxx Miller (FL) Towns Clay Langevin Scott (GA) Dreier McCrery Thornberry Frank (MA) Miller (MI) Turner Cleaver Larsen (WA) Serrano Duncan McHenry Tiahrt Franks (AZ) Miller (NC) Walden (OR) Clyburn Larson (CT) Sherman Ehlers McHugh Tiberi Frelinghuysen Miller, Gary Walsh Coble Leach Sherwood Emanuel McKeon Turner Gallegly Mollohan Wamp Conyers Lee Skelton Engel McMorris Walden (OR) Gibbons Moran (VA) Wasserman Cooper Lewis (CA) Slaughter English (PA) Meek (FL) Walsh Gillmor Murphy Schultz Costa Lewis (GA) Smith (NJ) Everett Meeks (NY) Wamp Gingrey Musgrave Weldon (FL) Costello Lofgren, Zoe Snyder Feeney Melancon Wasserman Goodlatte Myrick Weller Cummings Lowey Solis Ferguson Mica Schultz Gordon Neugebauer Westmoreland Davis (CA) Lynch Souder Flake Miller (FL) Weldon (FL) Granger Ney Whitfield Davis, Tom Maloney Spratt Foley Miller (MI) Weller Graves Northup Wicker DeFazio Markey Stark Forbes Miller (NC) Westmoreland Green (WI) Norwood Wilson (NM) DeGette Marshall Stearns Ford Miller, Gary Whitfield Green, Gene Nunes Wilson (SC) Delahunt Matsui Stupak DeLauro McCarthy Fossella Mollohan Wicker Gutknecht Ortiz Wolf Tauscher Dent McCollum (MN) Foxx Murphy Wilson (NM) Hall Osborne Wynn Taylor (MS) Dicks McDermott Franks (AZ) Musgrave Wilson (SC) Harris Oxley Young (AK) Taylor (NC) Dingell McGovern Frelinghuysen Myrick Wynn Hart Pallone Young (FL) Thompson (CA) Doggett McIntyre Gallegly Neugebauer Young (AK) Tierney NOT VOTING—9 Doyle McNulty Gibbons Ney Young (FL) Towns Davis, Jo Ann Ford McKinney Edwards Meehan Emerson Michaud Udall (CO) NOT VOTING—7 Deal (GA) Gonzalez Nussle Udall (NM) Evans Istook Wexler Eshoo Millender- Davis, Jo Ann Istook Wexler Etheridge McDonald Upton Deal (GA) McKinney ANNOUNCEMENT BY THE ACTING CHAIRMAN Farr Miller, George Van Hollen Evans Nussle The Acting CHAIRMAN (during the Fattah Moore (KS) Vela´ zquez Visclosky ANNOUNCEMENT BY THE ACTING CHAIRMAN vote). Members are advised there are 2 Filner Moore (WI) Fitzpatrick (PA) Moran (KS) Waters The Acting CHAIRMAN (during the minutes remaining in this vote. Watson Fortenberry Moran (VA) vote). Members are advised that 2 min- Frank (MA) Murtha Watt b 2028 Garrett (NJ) Nadler Waxman utes remain in this vote. Messrs. WU, GUTIERREZ, and POM- Gerlach Napolitano Weiner EROY changed their vote from ‘‘no’’ to Gilchrest Neal (MA) Weldon (PA) b 2036 Gohmert Nunes Wolf ‘‘aye.’’ Gonzalez Oberstar Woolsey Mr. MEEK of Florida changed his So the amendment was rejected. Goode Obey Wu vote from ‘‘aye’’ to ‘‘no.’’

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.060 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5928 CONGRESSIONAL RECORD — HOUSE July 26, 2006 So the amendment was rejected. its efforts to acquire weapons of mass Mr. LANTOS. Mr. Speaker, I strongly The result of the vote was announced destruction, including a nuclear weap- support this motion. In committee de- as above recorded. ons capability, including the capability liberations, we have made it clear to The Acting CHAIRMAN. Under the to enrich or process nuclear materials India that they must make a choice be- rule, the Committee rises. and the means to deliver weapons of tween Tehran and Washington. They Accordingly, the Committee rose; mass destruction. have done so twice at votes in Vienna and the Speaker pro tempore (Mr. The motion does not kill or delay at the International Atomic Energy BISHOP of Utah) having assumed the this bill in any way. If the House ap- Agency. This recommittal motion dra- chair, Mr. GUTKNECHT, Acting Chair- proves this motion, the Committee on matically strengthens the underlying man of the Committee of the Whole International Relations will report the legislation. I urge all of my colleagues House on the State of the Union, re- amended bill back to the House forth- to vote for it. ported that that Committee, having with, meaning immediately. We will go Mr. MARKEY. I thank the gen- had under consideration the bill (H.R. to final passage of the legislation. tleman. 5682) to exempt from certain require- As the Members know, the U.S. Gov- Could I ask the Chair how much time ments of the Atomic Energy Act of 1954 ernment has made a determination is remaining. a proposed nuclear agreement for co- that Iran’s nuclear program is a cover The SPEAKER pro tempore. The gen- 1 operation with India, pursuant to for a military program; and the Inter- tleman from Massachusetts has 1 ⁄2 House Resolution 947, he reported the national Atomic Energy Agency has minutes remaining of the 5. Mr. MARKEY. I yield myself the re- bill, as amended pursuant to that rule, found Iran to be in violation of their mainder of my time. back to the House with further sundry international safeguards commit- As the gentleman from Michigan and amendments adopted by the Com- ments. The U.N. Security Council is about to consider what action to take the gentleman from California have mittee of the Whole. pointed out, there has been a series of The SPEAKER pro tempore. Under in response. statements made by the Indian govern- the rule, the previous question is or- Even Russia and China have now said ment that have left a great deal of am- dered. that they would support action at the biguity with regard to how strong they Is a separate vote demanded on any Security Council, potentially even will stand with us in our effort to take amendment? If not, the Chair will put sanctions, a position that could not Iran to the Security Council to ensure them en gros. have been imagined previously. India is that Iran does not use its uranium and The amendments were agreed to. now the only global power that has yet plutonium programs in order to de- The SPEAKER pro tempore. The to get on board with the United States velop a clandestine nuclear weapons question is on the engrossment and policy on Iran. Clearly, preventing Iran from acquir- program. third reading of the bill. ing nuclear weapons is a paramount The recommittal motion that I am The bill was ordered to be engrossed U.S. national security goal. A nuclear- propounding here this evening just fol- and read a third time, and was read the armed Iran is a threat to our national lows up on the statements that have third time. security; and it is a threat to the secu- been made out of the Indian govern- MOTION TO RECOMMIT OFFERED BY MR. MARKEY rity, indeed, the very survival of our ment so that they can understand what Mr. MARKEY. Mr. Speaker, I have a closest ally in the Middle East, the we expect from them, and we will send motion to recommit at the desk. State of Israel. a signal from this Congress to our ne- The SPEAKER pro tempore. Is the Let me at this time, Mr. Speaker, gotiators as to what we expect from gentleman opposed to the bill? yield 1 minute to the gentleman from them in eliciting from the Indian gov- Mr. MARKEY. In its current form, I Michigan (Mr. UPTON). ernment. So I hope on a bipartisan am opposed to the bill. The SPEAKER pro tempore. The gen- basis we can all agree that this Iranian The SPEAKER pro tempore. The tleman has not been recognized for a nuclear program is the very top foreign Clerk will report the motion to recom- period of controlled debate and may policy and defense threat not only to mit. not allocate or reserve time. The gen- our country but to countries through- The Clerk read as follows: tleman may reclaim his time after 1 out the Middle East. Mr. Markey moves to recommit the bill minute. I urge an ‘‘aye’’ vote on the recom- H.R. 5682 to the Committee on International Mr. UPTON. Mr. Speaker, I don’t mittal motion. Relations with instructions to report the often speak or vote for motions to re- same back to the House forthwith with the commit, but occasionally they do pass. b 2045 following amendment: And I would note that if this motion to Mr. ROYCE. Mr. Speaker, I rise to In section 4(b), add at the end the following recommit does pass, the bill still comes oppose the motion to recommit. new paragraph: The SPEAKER pro tempore. The gen- (8) India is fully and actively participating to us in its final form. in United States efforts to dissuade, isolate, The gentleman from Massachusetts tleman from California is recognized and, if necessary, sanction and contain Iran (Mr. MARKEY) and I tried to offer this for 5 minutes. for its efforts to acquire weapons of mass de- amendment in the Rules Committee. I Mr. ROYCE. Mr. Speaker, during the struction, including a nuclear weapons capa- must say that in our testimony in the course of the committee’s five hearings bility (including the capability to enrich or Rules Committee upstairs yesterday, I on this agreement members closely process nuclear materials), and the means to thought we had pretty good support on scrutinized the relationship between deliver weapons of mass destruction. both sides of the aisle for this amend- India and Iran, and I think it is fair to Mr. MARKEY (during the reading). ment from those that were there. say that our committee helped influ- Mr. Speaker, I ask unanimous consent Iran is a bad player. This bill helps ence India’s thinking on Iran. And I that the motion to recommit be consid- India. Why don’t we have India on our think we should all remember that we ered as read and printed in the RECORD. side as we work against Iran in the are getting India’s cooperation on Iran. The SPEAKER pro tempore. Is there world community? That is what this We got two IAEA votes out of India, in- objection to the request of the gen- motion to recommit says. It says that cluding a critical vote to get the Iran tleman from Massachusetts? the President has to certify that India file to New York. That is the fact There was no objection. is on our side as they work for nuclear about cooperation. The SPEAKER pro tempore. The gen- capability in the world community and We share the gentleman’s concern tleman is recognized for 5 minutes. to keep Iran on the other side. Why about Iran, but our point is that India Mr. MARKEY. Mr. Speaker, this re- aren’t we working together, India and is cooperating on Iran. And as we con- committal motion requires that nu- the United States, as we look at Iran in tinue to engage India, and this agree- clear cooperation with India can only terms of more of the mischief that they ment is about India’s growing energy commence after the President has de- are promoting around the world? needs, as we engage India, we move termined that India is fully and ac- Mr. MARKEY. I thank the gen- them away from states like Iran. Re- tively participating in United States’ tleman. jection of the agreement itself, frank- efforts to dissuade, isolate and, if nec- I yield 30 seconds to the gentleman ly, could push India, theoretically, essary, sanction and contain Iran for from California (Mr. LANTOS). back towards countries like Iran.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.140 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5929 Also, we have Mr. MARKEY’s theme in facilities under the agreement. Con- Melancon Rahall Spratt the bill itself. The bill itself says to gress must approve a nuclear coopera- Michaud Ramstad Stark Millender- Reyes Stupak ‘‘secure India’s full and active partici- tion agreement that the administra- McDonald Ross Sweeney pation in United States efforts to dis- tion is negotiating with the Indians be- Miller, George Rothman Tanner suade, isolate, and, if necessary, sanc- fore the technology is actually trans- Moore (KS) Roybal-Allard Tauscher tion and contain Iran for its efforts to ferred. And as I said, should India Moore (WI) Ryan (OH) Taylor (MS) Moran (VA) Sabo Thompson (CA) acquire weapons of mass destruction, break the conditions of the agreement, Murtha Salazar Tierney Nadler Sa´ nchez, Linda including a nuclear weapons capa- the U.S. breaks off the agreement Udall (CO) Napolitano T. bility, and the means to deliver weap- itself. Udall (NM) Neal (MA) Sanchez, Loretta ons of mass destruction.’’ If India So either we continue to try to box Ney Sanders Upton breaks this agreement, then we, the in India and hope for the best, or we Oberstar Schakowsky Van Hollen Vela´ zquez United States, will break our agree- make this move, we engage India and Obey Schiff Olver Schwartz (PA) Visclosky ment with India. hope to use our influence to move this Ortiz Scott (GA) Wasserman And I think also it is important to increasingly important country in our Otter Scott (VA) Schultz remember that India and the adminis- direction, making India a true partner Owens Serrano Waters tration both say that they are cooper- as we enter what will be a decades-long Pascrell Shays Watson Pastor Sherman Watt ating on Iran quietly behind the struggle against Islamist terrorism. Payne Simmons Waxman scenes. Why? Because this is the most That is why I ask my colleagues to Pelosi Skelton Wilson (NM) effective way to do it. And we have please oppose this motion to recommit Peterson (MN) Slaughter Woolsey Platts Smith (NJ) seen the positive results. But diplo- and please vote for the U.S. and India Wu Pomeroy Snyder Wynn macy cannot be certified. The purpose Nuclear Cooperation Promotion Act. Price (NC) Solis of this agreement is to help establish Mr. Speaker, I yield back the balance broad cooperation, to establish a part- of my time. NOES—235 nership between India and the United The SPEAKER pro tempore. Without Abercrombie Feeney McCrery States. You do not compel a partner to Ackerman Ferguson McHenry objection, the previous question is or- Aderholt Flake McHugh cooperate. So this amendment is both dered on the motion to recommit. Akin Foley McKeon unworkable and contrary to the spirit There was no objection. Alexander Forbes McMorris of the new relationship we are trying The SPEAKER pro tempore. The Bachus Fossella Meek (FL) to establish with India. Baker Foxx Meeks (NY) question is on the motion to recommit. Barrett (SC) Franks (AZ) Mica How important is that relationship? The question was taken; and the Bartlett (MD) Frelinghuysen Miller (FL) Well, we have had two administrations, Speaker pro tempore announced that Barton (TX) Gallegly Miller (MI) Bass Garrett (NJ) Miller (NC) the Clinton administration and the the noes appeared to have it. Bush administration, forge closer ties Beauprez Gibbons Miller, Gary RECORDED VOTE Biggert Gillmor Mollohan with India and overcoming what we re- Bilbray Gingrey Moran (KS) member only too well, the chilly rela- Mr. MARKEY. Mr. Speaker, I demand Bilirakis Gohmert Murphy tions of the Cold War. And last July’s a recorded vote. Bishop (UT) Goode Musgrave A recorded vote was ordered. Blackburn Goodlatte Myrick joint statement committed each coun- Blunt Granger Neugebauer try to a global partnership which has The SPEAKER pro tempore. Pursu- Boehlert Graves Northup accelerated our cooperation on many ant to clause 9 of rule XX, the Chair Boehner Green (WI) Norwood issues, including counterterrorism, in- will reduce to 5 minutes the minimum Bonilla Gutierrez Nunes time for any electronic vote on the Bonner Gutknecht Nussle cluding Iran. Bono Hall Osborne The International Relations Com- question of passage. Boozman Harris Oxley mittee have given this agreement close The vote was taken by electronic de- Boren Hart Pallone vice, and there were—ayes 192, noes 235, Boustany Hastert Paul and extensive review. While nuclear en- Bradley (NH) Hastings (WA) Pearce ergy is controversial in the United not voting 6, as follows: Brady (TX) Hayes Pence States, it is not in India. Like in sev- [Roll No. 410] Brown (SC) Hayworth Peterson (PA) eral other countries, nuclear energy is Brown-Waite, Hensarling Petri AYES—192 Ginny Herger Pickering widely viewed as a critical technology Allen DeFazio Jackson-Lee Burgess Hobson Pitts for their electricity, one central to up- Andrews DeGette (TX) Burton (IN) Hoekstra Poe lifting hundreds of millions of impover- Baca DeLauro Jefferson Buyer Hostettler Pombo Baird Dicks Johnson (CT) Calvert Hulshof Porter ished Indians. So India will develop its Baldwin Dingell Johnson (IL) Camp (MI) Hunter Price (GA) nuclear energy sector, not as easily or Barrow Doggett Johnson, E. B. Campbell (CA) Hyde Pryce (OH) as quickly without this deal, but it will Bean Doyle Jones (NC) Cannon Inglis (SC) Putnam nonetheless. So this deal needs to go Becerra Edwards Jones (OH) Cantor Inslee Radanovich Berkley Emanuel Kanjorski Capito Issa Rangel forward. Berman Emerson Kaptur Cardoza Jackson (IL) Regula With its growing economy, India is Berry Eshoo Kennedy (RI) Carter Jenkins Rehberg consuming more and more oil. It is Bishop (GA) Etheridge Kildee Castle Jindal Reichert competing on the world market, com- Bishop (NY) Farr Kilpatrick (MI) Chabot Johnson, Sam Renzi Blumenauer Fattah Kind Chandler Keller Reynolds peting with American consumers, for Boswell Filner Kucinich Chocola Kelly Rogers (AL) limited hydrocarbon resources. This Boucher Fitzpatrick (PA) Langevin Cole (OK) Kennedy (MN) Rogers (KY) gives Americans an interest in helping Boyd Ford Lantos Conaway King (IA) Rogers (MI) Brady (PA) Fortenberry Larsen (WA) Cooper King (NY) Rohrabacher India expand its nuclear power indus- Brown (OH) Frank (MA) Larson (CT) Crenshaw Kingston Ros-Lehtinen try, which this legislation does. It also Brown, Corrine Gerlach Leach Crowley Kirk Royce encourages India to move away from Butterfield Gilchrest Lee Cubin Kline Ruppersberger burning its highly polluting coal, Capps Gonzalez Levin Cuellar Knollenberg Rush Capuano Gordon Lewis (GA) Culberson Kolbe Ryan (WI) which is in our interest. Cardin Green, Al Lipinski Davis (AL) Kuhl (NY) Ryun (KS) By passing this legislation, we also Carnahan Green, Gene LoBiondo Davis (IL) LaHood Saxton take a step toward internationalizing Carson Grijalva Lofgren, Zoe Davis (KY) Latham Schmidt India’s nuclear industry, which I be- Case Harman Lowey Davis, Tom LaTourette Schwarz (MI) Clay Hastings (FL) Lynch Delahunt Lewis (CA) Sensenbrenner lieve would make it safer. The agree- Cleaver Hefley Maloney Dent Lewis (KY) Sessions ment also is likely to increase India’s Clyburn Herseth Markey Diaz-Balart, L. Linder Shadegg cooperation with us in confronting Coble Higgins Marshall Diaz-Balart, M. Lucas Shaw Conyers Hinchey Matsui Doolittle Lungren, Daniel Sherwood countries seeking to break their NPT Costa Hinojosa McCarthy Drake E. Shimkus commitment by developing nuclear Costello Holden McCollum (MN) Dreier Mack Shuster weapons, as it already has with Iran. Cramer Holt McDermott Duncan Manzullo Simpson India must take more steps, includ- Cummings Honda McGovern Ehlers Marchant Smith (TX) Davis (CA) Hooley McIntyre Engel Matheson Smith (WA) ing developing a credible plan to sepa- Davis (FL) Hoyer McNulty English (PA) McCaul (TX) Sodrel rate its civilians and military nuclear Davis (TN) Israel Meehan Everett McCotter Souder

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.144 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5930 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Stearns Tiahrt Weldon (PA) Hoekstra Meek (FL) Ryun (KS) b 2117 Strickland Tiberi Weller Holden Meeks (NY) Sabo Sullivan Towns Westmoreland Honda Melancon Salazar So the bill was passed. Tancredo Turner Whitfield Hostettler Mica Sa´ nchez, Linda The result of the vote was announced Taylor (NC) Walden (OR) Wicker Hoyer Michaud T. as above recorded. Terry Walsh Wilson (SC) Hulshof Millender- Sanchez, Loretta Thomas Wamp Wolf Hunter McDonald Saxton A motion to reconsider was laid on Thompson (MS) Weiner Young (AK) Hyde Miller (FL) Schakowsky the table. Thornberry Weldon (FL) Young (FL) Inglis (SC) Miller (MI) Schiff Inslee Miller (NC) f NOT VOTING—6 Schmidt Israel Miller, Gary Schwarz (MI) PERMISSION FOR COMMITTEE ON Davis, Jo Ann Evans McKinney Issa Mollohan Scott (GA) Deal (GA) Istook Wexler Jackson (IL) Moore (KS) Scott (VA) FINANCIAL SERVICES TO HAVE Jackson-Lee Moran (VA) Sensenbrenner UNTIL 5 P.M., AUGUST 11, 2006 TO b 2108 (TX) Murphy Sessions FILE REPORT ON H.R. 5637, NON- Jefferson Murtha Shadegg ADMITTED AND REINSURANCE Mr. DENT changed his vote from Jenkins Musgrave Shaw ‘‘aye’’ to ‘‘no.’’ Jindal Myrick Shays REFORM ACT OF 2006 Johnson (CT) Napolitano Mr. JOHNSON of Illinois changed his Sherman Mr. PRICE of Georgia. Mr. Speaker, I Johnson (IL) Neal (MA) Sherwood vote from ‘‘no’’ to ‘‘aye.’’ Johnson, E. B. Neugebauer Shimkus ask unanimous consent that the Com- So the motion to recommit was re- Johnson, Sam Ney Shuster mittee on Financial Services have Jones (OH) Northup Simmons jected. Kanjorski Norwood until 5 p.m. on Friday, August 11, 2006, The result of the vote was announced Simpson to file a report on H.R. 5637, Non- Keller Nunes Skelton as above recorded. Kelly Nussle Smith (TX) admitted and Reinsurance Reform Act The SPEAKER pro tempore. The Kennedy (MN) Olver Smith (WA) of 2006. Kind Ortiz Snyder question is on the passage of the bill. King (IA) Osborne The SPEAKER pro tempore. Is there Sodrel King (NY) Otter The question was taken; and the Souder objection to the request of the gen- Kingston Oxley Speaker pro tempore announced that Spratt tleman from Georgia? Kirk Pallone Stearns the ayes appeared to have it. Kline Pearce There was no objection. Strickland RECORDED VOTE Knollenberg Pelosi Stupak f Kolbe Pence Mr. MARKEY. Mr. Speaker, I demand Sullivan Kuhl (NY) Peterson (PA) Sweeney ANNOUNCEMENT BY THE SPEAKER a recorded vote. LaHood Petri Tancredo PRO TEMPORE A recorded vote was ordered. Lantos Pickering Larsen (WA) Pitts Tanner The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. This Terry Larson (CT) Platts ant to clause 8 of rule XX, the Chair will be a 5-minute vote. Latham Poe Thomas The vote was taken by electronic de- LaTourette Pombo Thompson (MS) will postpone further proceedings vice, and there were—ayes 359, noes 68, Levin Pomeroy Thornberry today on motions to suspend the rules Lewis (CA) Porter Tiahrt not voting 6, as follows: Tiberi on which a recorded vote or the yeas Lewis (KY) Price (GA) and nays are ordered, or on which the [Roll No. 411] Linder Price (NC) Tierney Towns AYES—359 Lipinski Pryce (OH) vote is objected to under clause 6 of LoBiondo Putnam Turner rule XX. Ackerman Camp (MI) Engel Lofgren, Zoe Radanovich Udall (CO) Record votes on postponed questions Aderholt Campbell (CA) English (PA) Lowey Rahall Upton Akin Cannon Eshoo Lucas Ramstad Van Hollen will be taken tomorrow. Alexander Cantor Etheridge Lungren, Daniel Rangel Visclosky f Allen Capito Everett E. Regula Walden (OR) Andrews Capuano Fattah Mack Rehberg Walsh EXPRESSING SENSE OF CONGRESS Baca Cardin Feeney Maloney Reichert Wamp THAT VENEZUELA SHOULD SUP- Bachus Cardoza Ferguson Manzullo Renzi Wasserman Baird Carnahan Filner Marchant Reyes Schultz PORT STRATEGIES FOR ENSUR- Baker Carson Fitzpatrick (PA) Matheson Reynolds Watt ING SECURE AIRPORT FACILI- Barrett (SC) Carter Flake McCarthy Rogers (AL) Weiner TIES Barrow Case Foley McCaul (TX) Rogers (KY) Weldon (FL) Bartlett (MD) Castle Forbes McCollum (MN) Rogers (MI) Weller Mr. BURTON of Indiana. Mr. Speak- Barton (TX) Chabot Ford McCotter Rohrabacher Westmoreland er, I move to suspend the rules and Bass Chandler Fortenberry McCrery Ros-Lehtinen Whitfield Bean Chocola Fossella McGovern Ross Wicker agree to the concurrent resolution (H. Beauprez Clay Foxx McHenry Roybal-Allard Wilson (NM) Con. Res. 400) expressing the sense of Berkley Cleaver Frank (MA) McHugh Royce Wilson (SC) Congress that the Government of Ven- Berman Clyburn Franks (AZ) McIntyre Ruppersberger Wolf ezuela should actively support strate- Berry Coble Frelinghuysen McKeon Rush Wynn Biggert Cole (OK) Gallegly McMorris Ryan (OH) Young (AK) gies for ensuring secure airport facili- Bilbray Conaway Garrett (NJ) Meehan Ryan (WI) Young (FL) ties that meet international certifi- Bilirakis Cooper Gerlach cations to prevent trafficking of con- Bishop (GA) Costa Gibbons NOES—68 Bishop (NY) Cramer Gilchrest trolled substances, narcotics, and Bishop (UT) Crenshaw Gillmor Abercrombie Kildee Payne laundered money, as amended. Baldwin Kilpatrick (MI) Peterson (MN) Blackburn Crowley Gingrey The Clerk read as follows: Blunt Cubin Gohmert Becerra Kucinich Rothman Boehlert Cuellar Gonzalez Blumenauer Langevin Sanders H. CON. RES. 400 Boehner Culberson Goodlatte Capps Leach Schwartz (PA) Conyers Lee Whereas the United States is strongly Bonilla Davis (AL) Gordon Serrano committed to working with countries in Bonner Davis (CA) Granger Costello Lewis (GA) Slaughter Latin America and the Caribbean that have Bono Davis (FL) Graves Cummings Lynch Smith (NJ) DeFazio Markey Boozman Davis (IL) Green (WI) Solis a shared interest in promoting regional sta- DeLauro Marshall Boren Davis (KY) Green, Al Stark bility; Dingell Matsui Boswell Davis (TN) Green, Gene Tauscher Whereas the United States is strongly Doggett McDermott Boucher Davis, Tom Gutierrez Taylor (MS) committed to working with countries in Boustany DeGette Gutknecht Farr McNulty Goode Miller, George Taylor (NC) Latin America and the Caribbean that are Boyd Delahunt Hall Thompson (CA) combating the scourge of drugs and the vio- Bradley (NH) Dent Harris Grijalva Moore (WI) Harman Moran (KS) Udall (NM) lence and social degradation caused by nar- Brady (PA) Diaz-Balart, L. Hart Vela´ zquez Brady (TX) Hefley Nadler cotics trafficking; Diaz-Balart, M. Hastert Waters Brown (OH) Dicks Hastings (FL) Hinchey Oberstar Whereas the Bolivarian Republic of Ven- Watson Brown (SC) Doolittle Hastings (WA) Holt Obey ezuela is a party to the United Nations Con- Waxman Brown, Corrine Doyle Hayes Hooley Owens Weldon (PA) vention Against Illicit Traffic in Narcotic Brown-Waite, Drake Hayworth Jones (NC) Pascrell Kaptur Pastor Woolsey Drugs and Psychotropic Substances (1988 UN Ginny Dreier Hensarling Drug Convention); Burgess Duncan Herger Kennedy (RI) Paul Wu Burton (IN) Edwards Herseth Whereas Venezuela is a key transit point Butterfield Ehlers Higgins NOT VOTING—6 for drugs leaving Colombia—the world’s pri- Buyer Emanuel Hinojosa Davis, Jo Ann Evans McKinney mary source of cocaine and South America’s Calvert Emerson Hobson Deal (GA) Istook Wexler top producer of heroin;

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.069 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5931 Whereas drug trafficking through Ven- ments of both cocaine and heroin at the through Venezuela. That is a huge ezuela significantly increased in 2005; Simon Bolivar International Airport and number. We can no longer allow Hugo Whereas weak law enforcement, corrup- other transit points; and Chavez to manipulate the minds and tion, and a weak judicial system in Ven- (2) it is the sense of Congress that— the hearts and the dreams of not only ezuela allow criminal organizations to act (A) it should continue to be the policy of with impunity; the United States to support cooperation be- his own people, but the people of the Whereas the Department of State’s Inter- tween Venezuela and partners in the Andean United States. national Narcotics Control Strategy Report region to combat trafficking in narcotics Mr. Chairman, whether it is siding of 2006 reports that Colombian cartels, guer- and other controlled substances; with Iran in trying to purchase mili- rilla groups, and paramilitary organizations (B) steps should continue to be taken to re- tary aircraft and weapons, his desire and Venezuelan criminal organizations store bilateral law enforcement cooperation for nuclear technology, trying to in- (among other smugglers) routinely exploit a between Venezuela and the United States timidate the media in his own country, variety of routes and methods to move hun- Drug Enforcement Administration; Hugo Chavez is not a friend of the dreds of tons of illegal drugs into Venezuela (C) it should continue to be the policy of every year, and organized crime in Venezuela the United States to work with the inter- United States. has begun to set up operations in foreign national community, including the Organiza- In fact, he is doing everything he can countries to receive and distribute drugs in tion of American States (OAS), to assist to turn away from freedom and democ- addition to providing transportation serv- with a thorough review of the measures in racy. I strongly support the resolution ices; place at the Simon Bolivar International in front of us. I hope that Hugo Chavez Whereas in September 2005, the Govern- Airport in Caracas; will wake up and understand that it is ment of the United States determined that (D) it should continue to be the policy of better to be a friend with the United Venezuela had failed demonstrably to meet the United States to work with other mem- States, it is better to be a friend and its counternarcotics obligations and that ber states of OAS to bring Venezuela into believer in the ideals of freedom, secu- Venezuela could no longer be certified as an compliance and fully adhere to OAS conven- ally in the war on drugs; tions and comprehensive treaties to prevent, rity and prosperity. I hope one day that Whereas the promulgation by Venezuela of punish, and eliminate narco-terrorism, he will understand that he has made two new laws in October 2005, the ‘‘Law which constitutes ‘‘a serious threat to demo- major mistakes and that it is time to against Organized Crime’’ and the ‘‘Law cratic values and to international peace and come back to what was once a Ven- against the Trafficking and Consumption of security’’; ezuela that believed in freedom and de- Narcotics and Psychotropic Substances’’, (E) the Secretary of Transportation should mocracy. brought Venezuelan law into compliance provide to Congress not later than 180 days Mr. DELAHUNT. Mr. Speaker, I yield with the 1988 UN Drug Convention; however, after the date of the adoption of this resolu- myself such time as I may consume. it is not certain, according to the Depart- tion, on behalf of the Department of State, Mr. Speaker, I rise in opposition to ment of State, whether Venezuela’s political Department of Homeland Security, Depart- the resolution. While I have disagree- and judicial institutions are up to the task ment of Justice, and the Department of of vigorous and impartial implementation of Transportation, a report with an assessment ments with some of the provisions in such new laws; of the process undertaken by the Govern- the preamble, and with the accusatory Whereas on April 11, 2006, a commercial ment of Venezuela toward restoring airport tone of some of the ‘‘resolves’’ clauses, plane originating in Venezuela was seized in security measures and controls that meet what concerns me most is the timing of Mexico at the airport of Ciudad del Carmen, international standards of safety; and its consideration. Because a draft carrying 5.6 tons of cocaine with an esti- (F) the Secretary of State should provide agreement between the Drug Enforce- mated street value of $100 million; to Congress not later than 180 days after the ment Agency of the United States, and Whereas seizure statistics at the Simon date of the adoption of this resolution a re- the Venezuelan antidrug office hangs Bolivar International Airport in Caracas are port on Venezuela’s compliance with its re- not available because the Government of in the balance. sponsibilities under international counter- Now, there has been considerable Venezuela does not publicize such statistics; narcotics treaties. Whereas estimates indicate that as much time and effort invested by both sides as 90 percent of the cocaine and heroin traf- The SPEAKER pro tempore. Pursu- in this initiative, which I believe and I ficked through the Simon Bolivar Inter- ant to the rule, the gentleman from In- know others do, would be mutually national Airport over the last 12 months was diana (Mr. BURTON) and the gentleman beneficial to both Venezuela and the not intercepted; from Massachusetts (Mr. DELAHUNT) United States. But the passage of this Whereas the Government of Venezuela con- each will control 20 minutes. resolution puts that at risk. tinues to fail to effectively utilize several The Chair recognizes the gentleman Because we all know that what we do airport security systems provided by the from Indiana. here tonight will be interpreted in Ca- United States specifically aimed at increas- GENERAL LEAVE ing the Simon Bolivar International Airport racas as a political statement to em- Mr. BURTON of Indiana. Mr. Speak- barrass and intimidate the Chavez Gov- counternarcotics capabilities; er, I ask unanimous consent that all Whereas the Government of Venezuela has ernment. That is simply the reality. not taken any steps unilaterally to pros- Members may have 5 legislative days And to think otherwise would be naive ecute any corrupt airport officials relating to revise and extend their remarks and in the extreme. to cases of money laundering or drug traf- include extraneous material on the res- Let us be candid. And my friend and ficking at the airport despite credible intel- olution under consideration. colleague from Florida touched on ligence estimates that there is potentially The SPEAKER pro tempore. Is there many aspects of the relationship. But millions of dollars in narcotics proceeds objection to the request of the gen- every one on the planet knows that the passing through Simon Bolivar International tleman from Indiana? relationship between the Presidents of Airport and Venezuela; and There was no objection. Whereas the Government of Venezuela and Mr. BURTON of Indiana. Mr. Speak- the United States, and Venezuela is the Venezuela National Anti-Drug Office er, I yield 2 minutes to the gentleman poor. Prior to the coup in 2002, it was (ONA) have officially reported only two sei- from Florida (Mr. MACK). practically nonexistent. zures of currency in 2006, one for $13,865 in Mr. MACK. Mr. Speaker, I rise today But when it appeared to the Ven- United States currency and the other for in strong support of the resolution that ezuelans that the Bush administration 7,000 euros: Now, therefore, be it is in front of us. Hugo Chavez every appeared to applaud the coup, that re- Resolved by the House of Representatives (the lationship proceeded to deteriorate to Senate concurring), That— step of the way has gone against the (1) Congress— grain when it comes to the ideals that the point where it can only be de- (A) strongly condemns the actions and in- we believe in as Americans. The ideals scribed as bitter and hostile. actions of the Government of the Bolivarian of freedom and democracy, liberty, the The rhetoric has become incendiary Republic of Venezuela which have created rule of law, and the trusting of people. and insulting. And every action on ei- fertile ground for criminal drug trafficking Hugo Chavez from the beginning has ther side is perceived to be motivated organizations; tried to make an enemy of the United by hostility and political calculation. (B) strongly condemns the failures on the States. In his own words, he talks The unfortunate result is that what part of the Government of Venezuela to stem about anti-American, anti-freedom. In has evolved is a relationship that is the flow of illicit narcotics through its terri- hardened into profound mutual ani- tory; and his own words, out of his own mouth. (C) strongly condemns the complicity of Today’s resolution is about drug traf- mosity that is having long-lasting and senior Venezuelan Government law enforce- ficking. real world implications, whether it im- ment officials and transportation officials Over 30 percent of the cocaine that plicates terrorism, or drugs or any- who are effectively enabling large scale ship- comes into the United States comes thing.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.086 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5932 CONGRESSIONAL RECORD — HOUSE July 26, 2006 We all know that while this resolu- July 8 came, and we were told by the the trade, they have not taken any uni- tion will be hardly noticed in this DEA that they refused to sign it, and lateral steps on their part to prosecute country, its language condemning the Hugo Chavez said that he was not going corrupt airport officials involved in Chavez Government will provoke head- to give us a time frame within which drug trafficking. lines in Venezuela, that will be used by he would even consider signing it. So Mr. Speaker, the Government of Ven- Chavez’s opponents in the forthcoming they asked for more time, we gave ezuela has repeatedly assured us they presidential campaign, and undoubt- them more time, and when the time would sign the new DEA Implementing edly there will be a reaction from the came they refused to sign, it and they Accord, an affirmation that Ven- Chavez Government. won’t give us a date to sign it now. ezuelan and U.S. law enforcement Without a working, transparent and Now we are not trying to embarrass would cooperate to combat trafficking viable relationship between the Drug the government of Venezuela, but they and distribution of narcotics. The sign- Enforcement Agency and Venezuela, have done such things as accused our ing date for this accord has come and there will be serious consequences to DEA agents, who are fighting the drug gone with no satisfactory explanation both countries. As I just said, I have no war for the people of this country, of and no new firm signing date. With this doubt that what we do here today will being spies for the United States. They resolution, we are expressing our ap- be interpreted in Caracas as yet an- have done everything they can to ham- prehension over the lack of law en- other insult, which will provoke more per the DEA’s operation down there. forcement cooperation the Government inflammatory rhetoric, and make any And there have been $100 million of co- of Venezuela will allow and our con- potential constructive relationship on caine that was confiscated at the Mexi- cern about the growing use of Ven- this particular issue much more dif- can airport that came from the Caracas ezuelan territory as a transit route for ficult to achieve. Venezuela airport. And so we have not drug trade in our hemisphere. Now, let me be very clear. I know had any cooperation whatsoever. Mr. Speaker, the United States and that that is not the intention of the I don’t know much about what kind Venezuela cooperated successfully his- chairman who has offered this resolu- of publicity this is going to generate in torically in the past; and we need to tion. But I am also confident, and I Venezuela, but the fact of the matter is continue to do so in the future. hope I am wrong, that this draft agree- Mr. Chavez needs to be put on notice Narcotrafficking is a direct threat to ment will be the victim of this poi- that the American people are not going democracy, a threat to peace, a threat sonous relationship and atmosphere to stand idly by and let Venezuela be a to security within the Western Hemi- that exists. transit point for drugs into this coun- sphere, and together the U.S. and Ven- Let me emphasize, I am not giving up try and killing American people. ezuela must work together to combat on the agreement. Earlier today I had Mr. Speaker, I will now yield to my it. a conversation with my friend and col- I sincerely hope that Venezuela will colleague, Mr. WELLER, for 21⁄2 minutes. league from New York, Representative Mr. WELLER. Mr. Speaker, I rise step up to its responsibility as a leader MEEKS. We agreed that this is simply today in strong support of H. Con. Res. in our hemisphere by restoring co- too important. This agreement is sim- 400 and commend my chairman, Mr. operation with U.S. law enforcement and fulfilling its obligation to combat ply too important not to make a final BURTON, for his leadership on this effort. issue. narcotrafficking within its own bor- And we will go down, and we will en- This important resolution expresses ders. Mr. DELAHUNT. Mr. Speaker, I yield courage the government of Venezuela this Congress’s concern and frustration as much time as he may consume to to finally sign the agreement, which about the rising proliferation of nar- my friend and colleague who serves on hopefully will restore a working rela- cotics from Venezuela and reaffirms the Western Hemisphere Subcommittee tionship between the DEA and the the United States’ commitment to sta- and has spent considerable time in anti-drug office in Venezuela. bility and freedom in the Western Venezuela and is familiar with the nu- 2130 Hemisphere. b ances of that relationship, my friend, Venezuela historically has the poten- But I am not hopeful. Because I be- Mr. MEEKS. lieve that the language in this resolu- tial to be a key ally in the global war Mr. MEEKS of New York. Mr. Speak- tion, whether it is intended or not, will against the narcotics trade. However, er, I understand the concerns of the exacerbate the tension that clearly ex- its government is not stepping up to chairman; and I believe I understand ists. And the tragedy is that the people the plate. According to the State De- his intent for introducing this piece of in both countries will pay a price, and partment, approximately 150 metric legislation. But the bottom line is we that is sad. tons of cocaine and increasing quan- have got to make sure that we accom- Mr. Speaker, I reserve the balance of tities of heroin move through its terri- plish something here. my time. tory annually. Mr. Speaker, Venezuela The real deal here is not about the Mr. BURTON of Indiana. Mr. Speak- is becoming a safe haven for the drug chatter between President Chavez and er, before I yield to my vice chairman trade and those who profit from it. President Bush and the statements of the committee, Mr. WELLER, let me Corruption is a growing problem in that have gone back and forth. The just make a couple of points. the Venezuelan government, and the bottom line here is, what do we do to First of all, I have high regard for my airports are not immune. Simon Boli- make sure that we are stopping the Democrat friend from Massachusetts. var International Airport is becoming flow of drugs? He and I are friends. We have a strong a haven for crime, where personal prop- While we are here debating the mer- disagreement on this issue. erty theft, muggings and ‘‘express its of this resolution, the experts are Let me just make a couple of points. kidnappings’’ have become the norm. still in Venezuela completing the spe- First of all, we were told by the Ven- One of the nation’s main transpor- cifics of an agreement that would rees- ezuelan government and the DEA was tation hubs, this airport has millions tablish the relationship between the told by the Venezuelan government of dollars of narcotics flowing through Drug Enforcement Agency and the ap- that they were going to work to reach it annually, and in the past year an es- propriate Venezuelan authorities. The an agreement on this draft agreement timated 90 percent of the cocaine and fact that we are debating it on the some time ago. Then they asked for an heroin trafficked through this airport floor today, as Mr. DELAHUNT says, it extension to July 8. And we were going have not been intercepted. These illicit really threatens our relationship and to bring this resolution to the floor drugs are headed to locations through makes it so that the possibility of get- some time ago, and we decided, okay, our hemisphere and pose a significant ting this thing done becomes remote at we will wait until July 8. My friend threat to the health and safety of U.S. best. from Massachusetts and Mr. MEEKS citizens. We don’t need to continue to politi- asked me to hold up on this. I think The Government of Venezuela has cize this issue. What we need to do is to Mr. MEEKS asked. I can’t remember. failed to adhere to its obligations make sure that we are staying out of Mr. DELAHUNT did. And we held the res- under international narcotics agree- it, actually, and allowing the experts olution until July 8. We pulled it off ments; and, despite credible evidence to really sit down to work to complete the calendar and held it until July 8. that the airport is a transit point for their job.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.150 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5933 The Department of State’s Bureau of Government and U.S. authorities; and ezuela, persons from Venezuela ar- International Narcotics and Law En- this is according to Mexican Army rested for drugs in Venezuela, and the forcement Affairs of 2006 reported and General Carlos Gaytan. number of foreigners arrested for drugs identified 20 countries as major drug Mr. Speaker, I have a newspaper arti- in Venezuela. So I have all of these transit or major illicit drug-producing cle that I would ask unanimous con- that I would also like to submit at the countries, despite increased drug sei- sent to have added to the RECORD indi- end for the RECORD. Their information zures during the past 4 years; and these cating the very same with quotations is available. They have been sharing are the real facts. from the general. this with us. In an effort to reduce the prolifera- The SPEAKER pro tempore (Mr. This resolution further threatens the tion of drugs throughout the region MACK). Is there objection to the re- delicate relationship between our two and into the United States, the presi- quest of the gentleman from New countries. And, consequently, for me, I dents of Venezuela and Colombia have York? am really concerned. I happen to rep- started a process of military mod- There was no objection. resent an international airport, JFK, ernization to shore up the fence along MEXICO ARMY SEIZES HUGE COCAINE HAUL ON John F. Kennedy International Air- their countries’ borders; and Venezuela PLANE port; and I understand the importance of keeping drugs out. To me, that is has extradited a number of leading MEXICO CITY.—Mexican soldiers seized 51⁄2 armed actors from the ELN and the tons of cocaine worth more than $100 million what the bottom line is. This isn’t FARC to Colombia. from a commercial plane arriving from Ven- about us against them. For me, it is In fact, I spoke with DEA officials in ezuela, Mexico’s Defense Department an- about securing our country so that we my office, and I know they want this nounced Tuesday. can keep the drugs from coming in and agreement signed so that they can con- The army was waiting for the plane on doing what we have to do. tinue to do their jobs. I also have been Monday at the airport of Cuidad de Carmen, The resolution basically I think, and 550 miles east of Mexico City, after receiving in communication with the Ven- I hope I am wrong, as Mr. DELAHUNT information from Venezuelan and U.S. au- said, what it will do is it will assure ezuelans; and they have expressed, I be- thorities, Gen. Carlos Gaytan told a news lieve, a sincere desire to finally get conference. that we won’t have an agreement. And this agreement signed. The cocaine was stacked in 128 black suit- if we don’t have an agreement, then Our actions today condemning the cases marked private. what we have accomplished is that Venezuelan government for being Soldiers arrested Colombian Miguel there can be more drugs getting into complicit in efforts to secure airport Vazquez, 47, who was the plane’s co-pilot, but this country. facilities to prevent trafficking of con- the pilot escaped, Gaytan said. There were We have got to do just the opposite. no passengers. We have got to make sure that we do trolled substances, narcotics and The soldiers also arrested two Mexicans laundered money does not fit the ac- everything that we possibly can to se- who were waiting at the airport with another cure and to prevent drugs from enter- tion of negotiating in good faith to fi- plane. nalize this agreement. We cannot play Gaytan said airport officials initially ing into the United States of America. into the hands of being somewhat ob- stopped soldiers from approaching the plane, I think that this is the wrong way of structionist and widen the gap between claiming there was an oil leak and that it doing it, so therefore I will oppose this our two governments, which already might explode. The officials are being inves- resolution and ask all Members that, if has a very strained relationship. tigated to see if they were in league with the you truly want to stop drugs, we need In the resolution itself, Mr. Speaker, traffickers, said Mexico’s top drug pros- to get an agreement with Venezuela. ecutor, Jose Luis Santiago Vasconcelos. it urges Venezuela to support strate- Mr. BURTON of Indiana. Mr. Speak- U.S. and Mexican officials say that cocaine er, before I yield to my colleague from gies for ensuring secure airport facili- and heroin is increasingly passing from Co- ties that meet international certifi- California, let me just take 1 minute. lombia through Venezuela to Mexico where First of all, when my colleague and cations to prevent trafficking of con- it is smuggled into the United States. While good friend (Mr. MEEKS) says that we trolled substances, narcotics and drug traffickers used planes to smuggle large have a delicate relationship with Ven- laundered money. However, when the quantities of drugs in the 1990s, most Mexi- ezuela, I would like to point out to him data-sharing agreement is signed, ac- can traffickers now use land and sea routes. that President Chavez is in Tehran cording to the DEA mandate, title 21, A U.S. State Department report released in March said that Venezuela has become a key today. He is over there talking to the chapter 13, subchapter 1, part E, this transit point for drugs because of ‘‘rampant ayatollahs who he has invited to Ven- concern will be addressed and covered. corruption at the highest levels of law en- ezuela. He has been buying thousands So passage of this resolution will ei- forcement and a weak judicial system.’’ of AK–47s. He is trying to expand his ther prevent or substantially delay this Venezuelan President Hugo Chavez sus- military operation down there. He goes agreement from being signed. pended cooperation with the U.S. Drug En- The resolution also, you know, there forcement Administration in August, accus- on television every Sunday for 5 hours, is some truth, but sometimes the ing its agents of spying. and he calls the President of the truths are half-truths. It states, drug Mr. MEEKS of New York. Mr. Speak- United States a donkey and other trafficking through Venezuela signifi- er, we are also told that statistics on names. So if you are talking about a delicate cantly increased in 2005, when in fact drug seizures at the Simon Bolivar relationship being in jeopardy, let me over 25 percent of drug seizures oc- International Airport in Caracas are just say the reason for the delicate re- curred at the Simon Bolivar Airport in not available, but the truth of the mat- lationship being in jeopardy is because 2005, and 2005 also witnessed a 58 per- ter is no one must have asked for the Mr. Chavez is shooting off his mouth. I cent increase in drug seizures com- information. Because I called and have met with him several times with pared to the previous year. In addition, asked for the information, and they you folks, and he always says he is drug seizures are up in Venezuela com- provided me with the following, and I going to tone down the rhetoric, and he pared to this time last year by as much have charts that I would like to never does. present for the RECORD. as 30 percent. Regarding the $100 million of cocaine The resolution further identified that There is a chart identifying where that came out of Venezuela into the on April 11 of this year, a commercial seizures took place in 2005, two charts Mexican airport, we have talked to in- plane originating in Venezuela was define how much cocaine and heroin telligence sources and they said there seized in Mexico at the airport of Ciu- was seized at the airport and at was no information coming from Ven- dad del Carmen, carrying 5.6 tons of co- Santiago Marino Airport since 2002. I ezuela about that shipment. They said caine with an estimated street value of have a chart identifying nationality of that is totally false. $100 million. Well, Mr. Speaker, the individuals involved in drugs and have Mr. Speaker, I yield to my good truth of the matter is, according to been caught since 2002. And I have sev- friend from California (Mr. ROYCE) for 2 Mexico’s Defense Department, the eral charts identifying the type of drug minutes. army was waiting for the plane on and the quantity confiscated in Ven- Monday at the Airport del Carmen 550 ezuela in 2005, the number of security b 2145 miles east of Mexico City after receiv- agencies and personnel involved in Mr. ROYCE. Mr. Speaker, I thank the ing information from the Venezuelan drug confiscation throughout Ven- chairman for yielding.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.152 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5934 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Let me say that last week the Sub- hear? Nothing about Iran. We hear no ate. Government of Venezuela officials committee on International Terrorism condemnation of Hezbollah, none what- have linked cooperation to the signing that I chair held a hearing on Ven- soever. of a new bilateral counternarcotics ezuela’s link to terrorism. On May 15, I am glad you brought up Iran. Go working arrangement.’’ the State Department designated Ven- back and check about that bilateral That is what we all want, and if we ezuela as not cooperating fully with military cooperation agreement. I can achieve that, we have done some- U.S. anti-terrorism efforts. Mr. Speak- know one does not currently exist be- thing positive. We know the rhetoric is er, from what we heard from the De- tween Iran and Venezuela, but it does going to fly back and forth. We know partment officials, it is not that Ven- between our friends in Iraq and Iran. there is going to be finger-pointing and ezuela is not cooperating fully, it is We have really created a hegemony in all kinds of nasty words spoken on ei- that Venezuela is not cooperating at the Middle East, Iran. ther side, but what is most important, all. But also, I think it is important that what is most important is that we pro- Disconcerting was the testimony we because the chairman spoke about the tect our own children. heard from the State Department that DEA, and I am sure they have gone I think the decertification process, I Venezuelan passports can be forged through and I understand they have wonder if we have any standards for with child-like ease and that the U.S. verified or they have had serious con- ourselves. In the last 6 years, have we is detaining at our borders an increas- sultations. As a matter of record, if the taken steps to adequately decline, to adequately reduce the demand that ing number of third country aliens car- chairman tells me, I will accept it, fuels the narcotics coming in to this rying false Venezuelan documents. Ac- does the Drug Enforcement Adminis- tration believe that the passage of this country? cording to a 2003 U.S. news report, Mr. Speaker, with that, I yield the resolution will accelerate the signing thousands of Venezuelan identity docu- balance of my time to the gentleman of this agreement? ments are being distributed to for- from Ohio (Mr. KUCINICH), my friend. eigners from Middle Eastern nations Mr. BURTON of Indiana. Mr. Speak- Mr. KUCINICH. Mr. Speaker, I thank including Syria, Pakistan, Egypt and er, will the gentleman yield? the gentleman. Lebanon. Mr. DELAHUNT. I yield to the gen- When you look at the resolution, and It is not just anti-terrorism in which tleman from Indiana. it says in part, ‘‘steps should continue we see no cooperation, as pointed out Mr. BURTON of Indiana. Mr. Speak- to be taken to restore cooperation be- in this resolution, it is also counter- er, in answer to your question, I do not tween Venezuela and the United States narcotics, and today, Hugo Chavez, think anything is going to accelerate Drug Enforcement Administration,’’ I President Chavez, is in Moscow signing this until Mr. Chavez decides what he think everyone in this Congress would a multibillion dollar agreement for ad- wants to do, and Mr. Chavez was given, readily agree with that, but the lan- vanced fighter jets for attack heli- if the gentleman will let me finish, Mr. guage and condemnation actually sepa- copters, for 100,000 Kalashnikov assault Chavez and you, my good friend, asked rates us from that goal. rifles and a license to build a Kalash- for us to give them an extension to I think this is a consistent problem nikov factory in Venezuela. He is try- July 8. We did that, and on July 8, they that we face here in the Congress. We ing to negotiate two or three sub- did not sign it, and they would not give desire a certain type of behavior from marines, and frankly, these are not us a date after that. You know that. another government and then we tear helpful in terms of regional stability. So what we are trying to do is point them to shreds with our rhetoric. So it It is not helpful that he is traveling out to the United States and the Ven- may be that we need to think again to Iran and to North Korea, and it is ezuelan people that they reneged on about our approach towards diplomacy not helpful when he says he is trying to their commitment. and the approach that we take in these create a common ideological front Mr. DELAHUNT. Reclaiming my resolutions. against the United States. time, there was, and I would remind I understand the intention of my Frankly, these weapons are to allow my friend that there was a very tense friend from Indiana who is a good man his self-described socialist revolution issue between Venezuela and the and who has been consistent in chal- to become a military force to be reck- United States regarding air traffic be- lenging illegal drug trafficking into oned with in Latin America. This reso- tween our countries. Quiet diplomacy, the country, but I also understand that lution is an important one, and I urge patience, restraint resulted in the reso- we need to look at the approach we are its adoption. lution of that problem. So that today taking and see if this kind of approach Mr. DELAHUNT. Mr. Speaker, I yield between Venezuela and the United is where a resolution is going to be myself such time as I may consume. States, there is air travel, it is work- most effective. I intend to yield to the gentleman ing. So accord can happen. Echoing what Mr. DELAHUNT said, we from Ohio, but I am very glad that my I share the frustration of my friend need to also take a look very deep into friends raise the issue of Iran and from Indiana. I know that he is some- our souls about what is driving this de- Tehran, because the gentleman that one who is a very can-do kind of guy, mand in this country for cocaine. The SPEAKER pro tempore. The gen- spoke here today, that spoke in this, to and at times, one might describe his tleman’s time has expired. this House, in this institution, has yet temperament as somewhat impetuous. Mr. BURTON of Indiana. Mr. Speak- to denounce the military cooperation Unfortunately, diplomacy does not nec- er, I yield 1 minute to the gentleman essarily work that way. agreement between Iran and Iraq that from California (Mr. ROYCE). exists as we speak. Now, I understand, too, that the Mr. ROYCE. Mr. Speaker, I thank my Let me remind my friends, too, that State Department INL had this to say. friend for yielding. the foreign minister of Iraq by the I am quoting from our own State De- Concerning, Mr. Speaker, the rela- name of Zebari made this statement to partment. This is after all of the prob- tionship between Hugo Chavez and the international community: We lems that you described between the Iran, let me explain why this is actu- should not press Tehran about their DEA and the anti-drug officer of Ven- ally problematic, and we had an effort nuclear program because they tell us ezuela. This is a quote. ‘‘In spite of the to bring pressure at the IAEA. We had that it is for peaceful purposes. We do political tensions, DEA continued the board of governors in an attempt not need a guarantee, let us just sim- working with its law enforcement con- by countries to pressure Iran not to go ply accept, accept what they say. tacts, developing information and leads forward with its nuclear proliferation I am really glad you brought up that have contributed,’’ listen care- program. It was Venezuela, along with Tehran because what I am beginning to fully, ‘‘have contributed to record sei- Cuba and one other country, I think it see is an emerging relationship, if not zures by Venezuelan law enforcement.’’ was Belarus, that voted against that an alliance, between Iraq and Iran. It is The DEA is acknowledging that there effort. clear that there is a huge Iranian influ- have been record seizures, according to Why are these points important? In ence in Iraq today, a place where we their own official report, the INL. the fall, there will be a seat on the Se- have lost over 2,500 men and women, ‘‘After decertification, political sniping curity Council that will open up. Ven- where we have expended hundreds of faded and government officials ex- ezuela is actively lobbying for that billions of dollars. And yet what do we pressed renewed willingness to cooper- seat.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.154 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5935 In light of this type of conduct, it is of cocaine came through that route. sphere, and Che Guevara was killed. quite important that we point out the And we know, as I said, there were 137 Now Chavez’ mentor is Fidel Castro. facts about the current efforts with trips on that route last year. He is also tied in with Daniel Ortega Venezuela. The Venezuelan government has and Mr. Morales of Bolivia, and all of Mr. BURTON of Indiana. Mr. Speak- claimed the interdiction in Mexico was these people want to move the South er, I yield myself such time as I may the result of a Venezuelan tip-off. That American continent to the left. And consume. is what they said. So we checked. We these are things we cannot tolerate. So I have listened to with great interest have received assurances from our in- the drug trafficking is only part of it. the rhetoric coming from the other telligence sources and other intel- Regarding Chavez’ current trip, he is side, and now I intend to get to the ligence sources that those claims are going to North Korea, he is going to facts of the matter. So I hope my categorically false. The Mexican police Tehran, and he is meeting with what friend from Massachusetts will indulge and government found that when that we consider the cabal of terrorists. He me and listen to me as attentively as I plane landed. They were not tipped off has also invited these people to visit have listened to him. by anybody in Venezuela. Quite the him in Venezuela. In addition, as my First of all, let me just show, we have contrary. The belief is that the Ven- colleague from California said a while here a map from the maritime authori- ezuelan people who are working at the ago, he is buying all kinds of military ties, the Joint Interagency Task Force, airport were involved in the transport equipment, which really isn’t nec- showing from January 1 to December of these drugs amounting to $100 bil- essary because there is no big threat to 31, 2005, the number of maritime trips lion. him down there, all kinds of military involving drug activity originating in It is widely reported that the govern- equipment to build up a huge military Venezuela, and it is 385 times. ment of Venezuela is providing safe operation in South America and Ven- Suspected air activity from January haven and logistical support to mem- ezuela. 1 to December 31, 2005, again from the bers of the Revolutionary Armed We have got big problems down Joint Interagency Task Force, 137 trips Forces of Colombia, FARC, the FARC there. We want to talk to Mr. Chavez. involving drug trafficking originating guerrillas, which is designated as a for- We want to work with Mr. Chavez, but in Venezuela. eign terrorist organization and was in when we say to him we have an agree- Let me just go through some of the 1997. And there is strong evidence that ment that we have worked out, and his issues that are very, very important to the Venezuelans are supporting the people hammered out the agreement this debate. Revolutionary Armed Forces of Colom- with us, and he said he needed more First of all, DEA agents in August bia, the FARC, with ammunition, safe time, until July 8, and you asked me 2005 were accused of being spies for the houses, documentation, training, and for more time, Mr. DELAHUNT, we gave United States and not doing their job weapons. them more time, and when July 8 as DEA agents. The fact of the matter There is no formal mechanism to des- came, they would not sign the agree- is that was not the case. Nobody has ignate entities as drug trafficking or- ment nor would they give us a date cer- proven or really indicated with any de- ganizations, but links between the tain when they would sign the agree- gree of authority that our DEA agents FARC and drug trafficking were evi- ment, and that is why this resolution is are doing anything more than trying to dent as far back as the mid to late here on the floor tonight. interdict drugs coming into the United 1980s, according to our State Depart- We want to have peace in our hemi- States. ment. It is precisely through this sup- sphere. We want to work with all the We received credible reports that port for the FARC that we have esti- presidents in our hemisphere, but we traffickers are paying Venezuelan air- mates of as much as half of the Colom- don’t want revolution and we certainly port authorities a percentage of the bian cocaine moving to the United don’t want drugs coming through Ven- money and drugs transported through States and Europe as passing through ezuela into the United States damaging the Simon Bolivar International Air- Venezuela. Almost half of the cocaine American women and children and port. Furthermore, the government of coming into this country is coming hurting their families. Venezuela has not taken any steps, any through Venezuela. Mr. DELAHUNT. Mr. Speaker, will at all, unilaterally to prosecute any You know, I have had the oppor- the gentleman yield? corrupt airport officials. tunity, with Mr. DELAHUNT and Mr. Mr. BURTON of Indiana. I will yield There are estimates that as much as MEEKS, to go down and meet with for one question, yes. 2,000 kilograms of cocaine and 200 kilo- President Chavez in Venezuela, and at Mr. DELAHUNT. First of all, my grams of heroin were seized at the the U.N. in New York. He is a very en- friend made a misstatement about Cha- Simon Bolivar International Airport gaging fellow. He is Clintonesque, if vez going to North Korea, but that is over the last 12 months. There are al- you will, in the way he meets people. irrelevant to the revolution. most estimates there are 10 times that He was very engaging. I was impressed Mr. BURTON of Indiana. He is not amount of cocaine, perhaps 20 times with the fella. When we talked to him going to North Korea? that amount of heroin, could be smug- about toning down the rhetoric that Mr. DELAHUNT. He is not going to gled through that airport. would lead to a better relationship, or North Korea, but let me focus on some- Seizure statistics at the Simon Boli- a relationship between Venezuela and thing. var Airport are not produced by the the United States, he said he was going Mr. BURTON of Indiana. He is not Venezuelans. The Venezuelan govern- to do that. But he didn’t. going to Tehran, either? ment does not track those statistics. Every week on television, for 5 hours, Mr. DELAHUNT. He has been to Information regarding any seizures at and I watched the tapes and I have lis- Tehran, like Mr. Maliki has been to the airport were not shared by the Ven- tened to the translations, he maligns Tehran, and Mr. Zebari and Mr. ezuelan government with the DEA last and beats up on not only the President Chalabi, all of the friends of the year. but the Secretary of State. He says neoconservative movement, they have very demeaning things about lived in Tehran for a considerable pe- b 2200 Condoleezza Rice, our Secretary of riod of time. On April 11, 2006, a commercial plane, State, and they are things that don’t But let us talk about this today. The which we talked about earlier, origi- lead to any kind of a relationship be- rhetoric that we have heard about is nating in Caracas was seized in Mexico tween us and the Venezuelan leader- about terrorists, it is about, this is not carrying 5.6 tons, tons of cocaine with ship. within the purview of this thing. But I an estimated street value of $100 mil- In addition to that, he is tied in very have to tell you something, when this lion. Counternarcotics experts who we closely and he considers Fidel Castro, a plays down in Caracas, like I said in consulted agreed a 5.6 ton load of co- Communist leader who wanted to revo- my opening remarks, it is just going to caine is not a test run. We can only lutionize all of South America, he sent make it impossible. speculate how this route was exploited Che Guevara down there back in the Mr. BURTON of Indiana. Reclaiming by traffickers previously, how many 1980s to try to destroy any semblance my time, and I just want to say this. If millions of dollars and hundreds of tons of democracy throughout our hemi- there is a problem that has evolved out

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.156 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5936 CONGRESSIONAL RECORD — HOUSE July 26, 2006 of this discussion tonight, it lays at It should be the policy of the United States Mr. LANTOS, coauthor of the Iran Free- the feet of Hugo Chavez. It lays at his to work with the international community in en- dom Support Act and ranking member feet. Because there was an agreement suring adherence to the Organization of Amer- of the International Relations Com- that was hammered out between his ican States conventions and comprehensive mittee; and my ranking member on the people and the DEA here in the United treaties on narco-terrorism. This concurrent Subcommittee on the Middle East and States. He asked for more time, we resolution serves to respect this and to assist Central Asia, Mr. ACKERMAN. gave them more time. He wouldn’t sign in a review of the Simon Bolivar International This bill is a simple housekeeping it nor would he give us a date certain Airport in Caracas in particular, in light of re- measure to, on one hand, prevent the when he would sign it. cent events. original Iran and Libya Sanctions Act How long do you wait? How long do I thank my colleagues on the Western from lapsing; and, on the other hand, you wait for drugs to continue to come Hemisphere Subcommittee of the Committee to afford additional time for the House into the United States before we get an on International Relations for drafting this res- and Senate to reach an agreement on agreement saying we are going to allow olution and urge my other colleagues in the the final text of the comprehensive the DEA to do their job? House to support this legislation. Iran legislation, the Iran Freedom Sup- Mr. DELAHUNT. Today is the 26th of Mr. BURTON of Indiana. Mr. Speak- port Act. July, Mr. Speaker. The 26th of July. er, I yield back the balance of my time. The focus of the Congress continues You know that I, and hopefully accom- The SPEAKER pro tempore. The to be that articulated through the Iran panied by others, was going to go to question is on the motion offered by Freedom Support Act, which is to ad- Caracas this August, have a conversa- the gentleman from Indiana (Mr. BUR- dress the totality of the Iranian threat tion, and come back with a signed TON) that the House suspend the rules and strengthen our approach to this agreement. That is the hope. But with and agree to the concurrent resolution, rogue state; to hold Iran accountable this language in this particular resolu- H. Con. Res. 400, as amended. for its threatening policies; and to in- tion, I will tell you what we have done. The question was taken; and (two- duce greater cooperation from our al- We have buried that agreement. And thirds having voted in favor thereof) lies to compel Iran to cease and desist that is a tragedy because drugs will the rules were suspended and the con- in its pursuit of nuclear weapons capa- come into this country. That is the current resolution, as amended, was bilities. sadness. agreed to. To achieve that end, Mr. Speaker, we Mr. BURTON of Indiana. Well, I A motion to reconsider was laid on need H.R. 5877, which would extend the didn’t yield any more time to my col- the table. original ILSA until September 29 of league, he just started talking. But this year, affording us the additional f that is okay, I have a high regard for time to finalize the text of the Iran him. AMENDING THE IRAN AND LIBYA Freedom Support Act to be sent to the Let me just say once again that we SANCTIONS ACT OF 1996 President for his signature. have gone the extra mile on this agree- I ask for a ‘‘yes’’ vote on this bill. ment with Mr. Chavez. He wouldn’t Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. Speaker, I reserve the balance of sign it, nor would he give us a date cer- move to suspend the rules and pass the my time. tain when he would sign it. We adhered bill (H.R. 5877) to amend the Iran and Mr. DELAHUNT. Mr. Speaker, I rise to my colleague and others’ requests to Libya Sanctions Act of 1996 to extend in strong support of this legislation, extend the time period, he wouldn’t the authorities provided in such Act and I yield myself such time as I may sign it, and that is why we have this until September 29, 2006. consume. resolution tonight. The Clerk read as follows: Mr. Speaker, the Iran and Libya I don’t know how it is going to play H.R. 5877 in Caracas, all I can say is it is time we Sanctions Act is scheduled to lapse Be it enacted by the Senate and House of Rep- within days, and the legislation before get an agreement, and the DEA needs resentatives of the United States of America in to be able to do its job. Congress assembled, the House will extend it until Sep- tember 29. This reauthorization for a Ms. JACKSON-LEE of Texas. Mr. Speaker, SECTION 1. EXTENSION OF AUTHORITIES UNDER I rise today in support of H. Con. Res. 400, to THE IRAN AND LIBYA SANCTIONS brief duration is necessitated by the express my concern that the government of ACT OF 1996. fact that the House and Senate are still Venezuela do what it can to secure its airport Section 13(b) of the Iran and Libya Sanc- negotiating language on a new legisla- facilities from the trafficking of illegal goods. It tions Act of 1996 (Public Law 104–172; 50 tive construction of the Iran Libya U.S.C. 1701 note) is amended by striking ‘‘on Sanctions Act. is always essential to restrict the transport of the date that is 10 years after the date of the these substances and the transport of We hope to complete this process enactment of this Act’’ and inserting ‘‘on soon with the passage of new legisla- laundered money from their sales. September 29, 2006’’. International certifications in airport facilities tion that will strengthen sanctions The SPEAKER pro tempore. Pursu- against Iran and remove from law the help to ensure that such restrictions are in ant to the rule, the gentlewoman from place. Recent evidence shows a general lack outdated references to sanctions on Florida (Ms. ROS-LEHTINEN) and the of enforcement in Venezuela of the measures Libya, sanctions which anyway no gentleman from Massachusetts (Mr. necessary to avoid the trafficking of narcotics longer apply because Libya has ful- DELAHUNT) each will control 20 min- and other controlled substances. Especially in filled the required conditions. utes. light of the discovery in April of a Venezuelan I urge passage of this legislation. The Chair recognizes the gentle- plane filled with narcotics en route to Mexico, Mr. Speaker, I yield 4 minutes to the woman from Florida. we must seriously question the compliance of gentleman from Ohio (Mr. KUCINICH). Venezuela’s airports with such standards. I GENERAL LEAVE Mr. KUCINICH. Mr. Speaker, as the ask that my colleagues join me in requesting Ms. ROS-LEHTINEN. Mr. Speaker, I work of the committee continues on that the government of Venezuela exercise ask unanimous consent that all Mem- this temporary reauthorization, I more effort in the future to ensure the security bers may have 5 legislative days in think it is important to have a few re- of their airport facilities. which to revise and extend their re- flections. This is the 10th anniversary This resolution would also express our wish marks and include extraneous material of the original sanctions law, and I to work closely with Venezuela and the other on the bill under consideration. think it would behoove us to ask what nations of this region that are so severely af- The SPEAKER pro tempore. Is there those sanctions have accomplished. fected by this issue to combat the trafficking of objection to the request of the gentle- This legislation seeks to renew for a narcotics and other controlled substances. It is woman from Florida? period of 2 months a confusing, ineffec- not only out of concern for the welfare of our There was no objection. tive and, at best, counterproductive, at own Nation if illegal substances and laundered Ms. ROS-LEHTINEN. Mr. Speaker, I worst, counterproductive sanctions money are allowed safe passage here; we yield myself such time as I may con- policy against Iran. must also express our concern for the welfare sume, and I rise in strong support of Iran justly remains a focal point of of Venezuelans and others around the world. H.R. 5877, a bill I introduced yesterday security concerns for our Nation. It The control of harmful substances is an inter- with Chairman HYDE of the House supports those who use violence as a national effort in which we must all take part. International Relations Committee; means of settling political disputes. It

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.157 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5937 is threatening rhetoric with respect to rectly and to stop isolating them and changes to ILSA such as those contained in Israel. And there is world concerns to bring them to a peaceful resolution H.R. 282, the Iran Freedom Support Act, about its desire to ramp up nuclear of the issues that are currently inflam- which was passed by the House of Represent- production. All these things, in my atives on April 26, 2006. I also concur that ing so much of the world. This is a your Committee’s willingness to forego con- judgment, make it mandatory the time for us to take a new direction. I sideration does not in any way prejudice it United States seek immediate talks don’t think that we are headed that with respect to the appointment of conferees with Iran. way, but I think that when we are or jurisdictional prerogatives on H.R. 5877, We must reach out to parties in the looking at renewal of a sanctions re- H.R. 282, or similar legislation. region to begin to negotiate an end to gime we ought to be talking about As you have requested, I will place a copy of our exchange of letters on this matter in the violence and the beginning of a whether or not it is in the best inter- peace process leading to a permanent the CONGRESSIONAL RECORD during floor con- ests of this country to take the direc- sideration. resolution. Now, our leaders haven’t tion we are taking. With best wishes, taken that approach. They are seeking Ms. ROS-LEHTINEN. Mr. Speaker, I am at- Sincerely, to isolate Iran, and instead we are taching an exchange of letters between Chair- HENRY J. HYDE, starting to isolate ourselves. man HYDE and Chairman THOMAS concerning Chairman. These sanctions are indirect. They the bill H.R. 5877. ‘‘To amend the Iran and are not targeted at objectionable be- Mr. DELAHUNT. Mr. Speaker, I have Libya Sanctions Act of 1996 to extend the au- havior. According to Anthony Wayne, no further requests for time, and I the Assistant Secretary For Economic thorities provided in such Act until September yield back the balance of my time. and Business Affairs, U.S. Department 29, 2006’’. Ms. ROS-LEHTINEN. Mr. Speaker, I COMMITTEE ON WAYS AND MEANS, have no further requests for time, and of State, testifying before the Senate HOUSE OF REPRESENTATIVES, Committee on Banking, Housing and I yield back the balance of my time. Washington, DC, July 26, 2006. The SPEAKER pro tempore (Mr. Urban Affairs on June 28, 2001, talking Hon. HENRY J. HYDE, about the Libya and Iran Sanctions Chairman, Committee on International Rela- MACK). The question is on the motion Act, he says that ‘‘it focuses on invest- tions, Rayburn House Office Building, offered by the gentlewoman from Flor- ment in order to limit revenue, rather Washington, DC. ida (Ms. ROS-LEHTINEN) that the House than focusing directly on actions by DEAR CHAIRMAN HYDE: I am writing regard- suspend the rules and pass the bill, Iran to procure weapons of mass de- ing H.R. 5877, a bill ‘‘To amend the Iran and H.R. 5877. struction and support terrorism.’’ He Libya Sanctions Act of 1996 to extend the au- The question was taken; and (two- thorities provided in such Act until Sep- goes on to say that ‘‘it goes against thirds having voted in favor thereof) tember 29, 2006,’’ which is scheduled for floor the rules were suspended and the bill some of the friendly countries whose consideration on Wednesday, July 26, 2006. cooperation we need in working to- was passed. Because H.R. 5877 would amend the Iran A motion to reconsider was laid on wards nonproliferation and counterter- and Libya Sanctions Act of 1996 (ILSA) to the table. rorism goals.’’ have the effect of extending the application So these sanctions haven’t been ef- of an import ban, it falls within the jurisdic- f fective. There is a question about tion of the Committee on Ways and Means. CONGRATULATING THE INTER- whether any sanctions are going to be However, in order to expedite this legislation NATIONAL AIDS VACCINE INITIA- for floor consideration, the Committee will effective here. These sanctions add to TIVE the price of gasoline in the United forgo action on this bill. This is being done Ms. ROS-LEHTINEN. Mr. Speaker, I States. We are paying for these failed with the understanding that this legislation is being expedited in order to ensure that move to suspend the rules and agree to sanctions every time we fill up our ILSA does not lapse while the Congress is the resolution (H. Res. 844) congratu- tank. considering additional changes to ILSA such lating the International AIDS Vaccine Iran has the third largest oil reserves as those contained in H.R. 282, the Iran Free- after Saudi Arabia and Canada, accord- Initiative on ten years of significant dom Support Act, which was passed by the achievement in the search for an HIV/ ing to the U.S. Energy Information Ad- House of Representatives on April 26, 2006. AIDS vaccine, and for other purposes, ministration, equaling 132.5 billion bar- This action is also being done with the un- rels. Iran has the second largest nat- derstanding that it does not in any way prej- as amended. The Clerk read as follows: ural gas reserves after Russia, equaling udice the Committee with respect to the ap- 16 percent of the world’s reserves. The pointment of conferees or its jurisdictional H. RES. 844 administration hasn’t done anything prerogatives on H.R. 5877, H.R. 282, or similar Whereas HIV/AIDS has killed over meaningful to break our country of its legislation. 25,000,000 people worldwide and poses a seri- I would appreciate your response to this ous threat to the economic and political sta- dependence on petroleum, so the re- letter, confirming this understanding, and bility of the countries hit hardest by this ality is that sanctions against invest- would ask that a copy of our exchange of let- terrible epidemic; ments in Iran’s oil and gas fields will ters on this matter be included in the Con- Whereas the International AIDS Vaccine cause U.S. consumers to pay higher gressional Record during floor consideration. Initiative (IAVI) was founded in 1996 as a prices for gasoline and natural gas. Best regards, public-private partnership with a mission to High prices protect the Iranian gov- BILL THOMAS, ensure the development of safe, effective, ac- ernment from economic consequences Chairman. cessible, preventive HIV/AIDS vaccines for of decreased investment. A military use throughout the world, with a particular strike against Iran, which this country CONGRESS OF THE UNITED STATES, focus on developing countries, where the seems to be nodding towards, could COMMITTEE ON INTERNATIONAL RE- need is most urgent; LATIONS, Whereas the International AIDS Vaccine send oil to $130 per barrel, according to Washington, DC, July 26, 2006. Initiative’s research and policy programs CNN, making the $3 a gallon currently Hon. WILLIAM M. THOMAS, have galvanized scientific efforts and sub- look like the good old days. Chairman, Committee on Ways and Means, stantially increased financial and political Now, we have to take a new direc- Washington, DC. support for this vital effort; tion. The same geniuses who brought DEAR MR. CHAIRMAN: Thank you for your Whereas since its founding, the Inter- us the war in Iraq, who are standing by letter concerning H.R. 5877, a bill ‘‘To amend national AIDS Vaccine Initiative has ad- while violence overwhelms the Middle the Iran and Libya Sanctions Act of 1996 to vanced six vaccine candidates from concept East, these same geniuses have this extend the authorities provided in such Act to clinical trials, targeting the subtypes of plan to keep sanctions on Iran, which until September 29, 2006,’’ which is scheduled HIV circulating in the developing world—a will drive up the price of oil, so Iran for floor consideration on Wednesday, July record matched only by one large pharma- can make more money selling their oil 26, 2006. ceutical company; I concur that the underlying Iran and Whereas ten years ago only a few devel- to other countries, and the oil industry Libya Sanctions Act (ILSA) contains provi- oping countries had participated in HIV/ in the U.S. isn’t complaining about it sions relating to imports, which fall within AIDS vaccine trials, but today several coun- because they are making record prof- the jurisdiction of your Committee, as does tries in sub-Saharan Africa and Asia are ac- its. H.R. 5877, which would extend the Act. I ap- tively participating in HIV/AIDS vaccine b 2215 preciate your willingness to waive consider- trials, a reflection of the International AIDS ation of this legislation by your Committee Vaccine Initiative’s activism and commit- We need to take a new approach. in order to ensure that ILSA does not lapse ment to working collaboratively with devel- That approach is to engage Iran di- while the Congress is considering additional oping country partners;

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.160 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5938 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Whereas the model of the International discriminately taking the lives of over As you are well aware, the HIV/AIDS AIDS Vaccine Initiative, which closely links 25 million men, women and children. pandemic continues to decimate lives clinical trial site investigators to product The cost of HIV/AIDS has been stag- and families worldwide. AIDS has al- developers, has resulted in the first HIV/ gering. ready claimed the lives of 25 million AIDS vaccine trials being conducted in Kenya, Rwanda, and India, as well as trials Thankfully, the global response has people, and there are currently nearly in Uganda and South Africa; accelerated. From the beginning, 40 million people living with HIV/AIDS Whereas the International AIDS Vaccine countless organizations and individuals today. Initiative is a founding member of the Glob- took up the battle against HIV/AIDS, The United States has demonstrated al HIV/AIDS Vaccine Enterprise, recognized committing extensive resources and our commitment to fighting the AIDS by the G–8 as an important actor in the giving deeply of themselves to fight an crisis by significantly increasing fund- quest for a vaccine; is an affiliated member epidemic which would prove to be a for- ing for treatment and care for the of the National Institutes of Health’s Part- midable foe. Until 1996, however, insuf- worst affected countries. Ultimately, nership for AIDS Vaccine Evaluation; and is ficient attention and resources were however, a vaccine to prevent the hosting NIH trials at International AIDS spread of this disease will have a great- Vaccine Initiative sites in Africa; being devoted to the development of a Whereas the International AIDS Vaccine preventive HIV/AIDS vaccine, a devel- er effect to slow and eventually halt Initiative’s Core Clinical Immunology Lab- opment that would have the potential new infections. IAVI’s work focuses on oratory was the first Good Clinical Labora- to end a plague that has devastated four areas: accelerating scientific re- tory Practices (GCLP) accredited laboratory much of our world for a quarter cen- search on an AIDS vaccine; mobilizing in the world to assess HIV/AIDS vaccines, tury. It was this realization, Mr. public support through advocacy and and the International AIDS Vaccine Initia- Speaker, that led to the founding of education; encouraging industrial in- tive’s laboratory in Uganda was the first to the International AIDS Vaccine Initia- volvement in AIDS vaccine develop- receive such accreditation in Africa; and ment; and assuring rapid global access Whereas the International AIDS Vaccine tive in 1996. Founded as a public-private partner- to a vaccine. Initiative established a ground-breaking This resolution is timely because in a Neutralizing Antibody Consortium to ad- ship, the Initiative’s mission is the de- dress one of the key scientific challenges to velopment of safe, effective and acces- few weeks an estimated 20,000 sci- vaccine design: Now, therefore, be it sible HIV/AIDS vaccines, especially in entists, health care providers, commu- Resolved, That the House of Representa- developing countries where the need is nity and business leaders, journalists, tives— greatest. With a philosophy that has government, nongovernmental and (1) congratulates the International AIDS galvanized scientists, academics, non- intergovernmental representatives and Vaccine Initiative on ten years of significant people living with HIV/AIDS will meet achievement in the search for an HIV/AIDS profit organizations, governments and faith communities, the Initiative’s at the 16th international AIDS con- vaccine; ference held this year in Toronto, On- (2) recognizes the role of the International progress has been substantial. The Ini- AIDS Vaccine Initiative in raising awareness tiative has opened a Core Clinical Im- tario, Canada. With over 400 sessions, and increasing financial and political sup- munology Laboratory and a network of meetings and workshops dedicated to port for this important cause; field laboratories throughout the coun- exploring the latest developments in (3) admires the commitment of the Inter- tries hit worst by HIV/AIDS, con- HIV science, policy and practice, this is national AIDS Vaccine Initiative to collabo- ducting numerous vaccine trials in sure to provide a meaningful discourse rating with developing country researchers, countries such as Kenya, India and on the global AIDS crisis. governments, and civil society in the com- Mr. Speaker, I am proud to honor the South Africa. As a testament to their mon goal of finding a vaccine; International AIDS Vaccine Initia- vitality, activism and commitment, (4) expresses support for the continued suc- tive’s 10 years of outstanding work. I cess of the International AIDS Vaccine Ini- the majority of new HIV/AIDS vaccine urge the adoption of this measure. It is tiative; and candidates are due in large part to the a pleasure to once again sponsor this (5) directs the Clerk of the House of Rep- efforts of the International AIDS Vac- resentatives to transmit an enrolled copy of and speak on this with my good friend cine Initiative. and partner, the gentlewoman from this resolution to the International AIDS We are reminded that HIV/AIDS is a Vaccine Initiative. Florida, Ms. ILEANA ROS-LEHTINEN, global obstacle which continues to The SPEAKER pro tempore. Pursu- with whom I have had the pleasure of challenge our collective goal of a free, working on so much important legisla- ant to the rule, the gentlewoman from prosperous and peaceful world. In the Florida (Ms. ROS-LEHTINEN) and the tion. struggle against this disease which in- Mr. LANTOS. Mr. Speaker, I would first like gentleman from New York (Mr. ENGEL) fects nearly 14,000 people a day, the Ini- each will control 20 minutes. to commend my good friend and colleague tiative’s work is of tremendous impor- from New York, ELIOT ENGEL, for introducing The Chair recognizes the gentle- tance and its progress has been nota- woman from Florida. this important resolution. His leadership in ble. Congress on the global battle against HIV/ GENERAL LEAVE I urge my colleagues to support this AIDS is greatly appreciated. Ms. ROS-LEHTINEN. Mr. Speaker, I resolution to extend the House’s con- Mr. Speaker, over 14,000 people are in- ask unanimous consent that all Mem- gratulations to the International AIDS fected with the deadly HIV/AIDS virus each bers may have 5 legislative days to re- Vaccine Initiative on 10 years of day. Let me repeat that statistic, Mr. Speak- vise and extend their remarks and in- achievement. er—14,000 individuals each day are infected clude extraneous material on the reso- With that, Mr. Speaker, I reserve the with HIV/AIDS. lution under consideration. balance of my time. HIV/AIDS has infected 65 million people and The SPEAKER pro tempore. Is there Mr. ENGEL. Mr. Speaker, I rise in killed nearly 25 million since June 1981 when objection to the request of the gentle- support of H. Res. 844, and I yield my- it was first detected. woman from Florida? self as much time as I may consume. For many in the developing world, con- There was no objection. Mr. Speaker, I am pleased that the tracting the HIV/AIDS virus is a death sen- Ms. ROS-LEHTINEN. Mr. Speaker, I House of Representatives will honor tence. No drugs. No doctors. No hospitals. No yield myself such time as I may con- the 10th anniversary of the founding of hope. sume. the International AIDS Vaccine Initia- And for family members left behind—often I rise tonight to request the support tive (IAVI) today. This important non- young children—there is equally little hope. of my colleagues for House Resolution profit scientific and advocacy organiza- Many will be forced to live with over-burdened 844, a resolution congratulating the tion, founded in 1996, is working to de- and impoverished extended family, in under- International AIDS Vaccine Initiative velop safe, effective and accessible HIV staffed orphanages or on the streets. on 10 years of achievement in advanc- vaccines for use around the world but Treatment has brought the promise of life ing the search for an HIV/AIDS vac- especially for use in developing coun- back to many individuals who were on the cine. tries. IAVI is headquartered in New brink of death. However, palliative care is not Since emerging in 1981, HIV/AIDS has York, with offices in Nairobi, Johan- a long term solution to relieve the suffering viciously spread across the globe, com- nesburg, New Delhi and Amsterdam, from this deadly disease. promising economic and political sta- and conducts research and advocacy That is why there is an absolute moral im- bility in developing countries and in- activities in a total of 23 countries. perative to develop a vaccine to stop the

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.093 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5939

transmission of the HIV/AIDS virus. A suc- my colleagues, Representative ELIOT ENGEL north and south, including communities of cessful vaccine will literally save millions of and Representative PETER KING, for working in faith, communities of color, and many others, lives in the poorest countries of the world, re- a bipartisan manner to introduce and shep- in an effort to develop a vaccine to stop global store people to their livelihoods, and prevent herd it to the floor. HIV infection rates of 14,000 a day. children around the globe from becoming IAVI was funded 10 years ago as a public- We all admire the commitment of the IAVI in AIDS orphans. private partnership to help develop a safe and discovering a vaccine and I want to again ex- The resolution before the House brings at- effective vaccine to prevent HIV/AIDS. press my support for the continued success of tention to the intensive work over the past Today IAVI operates in over 23 countries the International AIDS Vaccine Initiative. decade to develop a successful HIV/AIDS vac- with a variety of partners and is in the testing Mr. ENGEL. Mr. Speaker, I have no cine. The International AIDS Vaccine Initiative phases for several vaccine candidates. further requests for time, and I yield has built bridges between the developed and In addition to working on the hard science, back the balance of my time. developing world that did not exist before. It IAVI has also worked to lay the groundwork to Ms. ROS-LEHTINEN. Mr. Speaker, I also has conducted vitally important vaccine ensure that a future vaccine is affordable and also have no further requests for time, trials in the developing world that hopefully will accessible to all who need it, especially in the and I yield back the balance of my lead to a successful vaccine in the near future. developing world. time. I commend the Bill and Melinda Gates This year Representative PALLONE and I The SPEAKER pro tempore (Mr. Foundation for recently awarding $23.7 million spearheaded a $35 million appropriations re- POE). The question is on the motion of- towards financing this network of committed quest for IAVI in the FY07 Foreign Ops bill, fered by the gentlewoman from Florida researchers working around the clock to find a along with the support of many members of (Ms. ROS-LEHTINEN) that the House sus- cure. this committee. While the House has approved pend the rules and agree to the resolu- Mr. Speaker, there will be a successful HIV/ a $29 million funding level for IAVI this year, tion, H. Res. 844, as amended. AIDS vaccine one day, and it is our collective the same as FY06, I am hopeful that in con- The question was taken. The SPEAKER pro tempore. In the hope that this will occur before millions more ference my colleagues will support the Senate opinion of the Chair, two-thirds of of the world’s citizens lose their lives. This res- funding level of $31 million. those present have voted in the affirm- olution congratulates the International AIDS While the search for an AIDS vaccine has ative. Vaccine Initiative for 10 years of significant so far eluded us, the partnership represented Ms. ROS-LEHTINEN. Mr. Speaker, achievement in the search for an HIV/AIDS by IAVI is in many ways our best hope at find- ing a cure. I urge my colleagues to support on that I demand the yeas and nays. vaccine towards this goal. The yeas and nays were ordered. Mr. Speaker, I urge my colleagues to sup- this resolution. The SPEAKER pro tempore. Pursu- Ms. JACKSON-LEE of Texas. Mr. Speaker, ports its passage. ant to clause 8 of rule XX and the I rise to congratulate the International AIDS Mr. DAVIS of Illinois. Mr. Speaker, I rise Chair’s prior announcement, further Vaccine Initiative (IAVI) on their 10 years of today in support for H.R. 844. proceedings on this question will be hard work in searching for an HIV/AIDS vac- AIDS is the greatest worldwide health crisis postponed. of our time. Presently, there are more than 40 cine. HIV/AIDS has taken the lives of over million people that are either infected with the 250,000 people worldwide and poses a seri- f HIV virus or are living with AIDS. At least ous threat to the economic and political sta- SPECIAL ORDERS 14,000 people are infected each day. Putting bility of the countries hit hardest by this terrible The SPEAKER pro tempore. Under an end to AIDS is one of the most pressing epidemic. The IAVI was founded 10 years ago the Speaker’s announced policy of Jan- humanitarian challenges we must face. For as a public-private partnership with a mission uary 4, 2005, and under a previous order this reason, the development of a preventive to ensure the development of safe, effective, of the House, the following Members vaccine has been a stepping-stone toward accessible, preventive HIV/AIDS vaccines for will be recognized for 5 minutes each. use throughout the world. The IAVI had a par- achieving this end. f The International AIDS Vaccine Initiative ticular focus on developing countries, since has been working for the past ten years to their need is most urgent regarding care. CELEBRATING ACHIEVEMENTS OF create a safe and effective HIV/AIDS vaccine. Unfortunately, 10 years ago insufficient at- UMMA COMMUNITY CLINIC ON They have worked hard with the public and tention and resources were devoted to the ITS 10TH ANNIVERSARY private sector to garner financial and political need for, and advantages of, a vaccine to The SPEAKER pro tempore. Under a support in order to make the vaccine acces- bring an end to this disease. Currently, we are previous order of the House, the gentle- sible to all those in need, especially in the de- armed with increasingly powerful knowledge woman from California (Ms. WATERS) is veloping world, where ninety-five percent of and treatments, and yet we face an ever recognized for 5 minutes. those infected with the virus live. steeper climb toward victory. HIV/AIDS is no Ms. WATERS. Mr. Speaker, I come Today, I am honored to congratulate the longer a scary, unknown entity. A diagnosis is before the House tonight to celebrate International AIDS Vaccine Initiative for its ad- no longer the sealing of fate, even if it means the achievements of the UMMA Com- vances in scientific progress, which have been the beginning of a battle. We know enough to munity Clinic upon the occasion of its instrumental in bringing about a worldwide ef- educate, even if we do not yet know enough 10th anniversary. The UMMA Commu- fort and support for this important cause. It is to cure. nity Clinic is a community health fa- their research and devotion to finding an HIV/ The groundbreaking research and policy cility that serves uninsured and impov- AIDS vaccine that brings hope of ending an programs of the IAVI have galvanized sci- erished families in my congressional epidemic that has already killed more than 25 entific efforts and substantially increased fi- district. million people worldwide. However, there is nancial and political support for this vital effort. The UMMA Clinic was established by more to be done. We must take this oppor- Today, the majority of newly designed HIV/ Muslim medical students at UCLA who tunity to commit ourselves to fighting for the AIDS vaccine candidates are focused on pre- wanted to put their faith and their pa- dignity and lives of our brothers and sisters venting HIV/AIDS in the developing world, in triotism into action by serving their around the world by promoting innovative re- large part due to the efforts of the International community and their country. UMMA search in finding a cure. AIDS Vaccine Initiative. The IAVI has also re- is an acronym for the University Mus- AIDS is presently a formidable adversary— ceived accolades from the G8 as being an im- lim Medical Association. In Arabic, the one that cannot be ignored, one that does not portant actor in the quest for a vaccine, after world ‘‘umma’’ means ‘‘community,’’ only exist in faraway places, but one that is they became a founding member of the Global an appropriate name for this extraor- here, in our neighborhoods and homes, infect- HIV/AIDS Vaccine Enterprise. dinary institution. ing 40,000 of our people each year. The ef- Today over 42 million individuals are in- The students who founded UMMA forts of the International AIDS Vaccine Initia- fected with HIV/AIDS globally and 1 million were inspired by their Islamic faith, a tive have brought us closer to the day when here in the United States. Fifty percent of faith which told them to help their we will live in a world that is free from AIDS. these cases in the United States are in young neighbor, a faith which told them that Ms. LEE. Mr. Speaker, I rise in support of adults between the ages of 15 and 24. Every if they saw something wrong, they H. Res. 844 to congratulate the International year, 40,000 new cases are diagnosed. must fix it. And today the UMMA Clin- AIDS Vaccine Initiative. Thankfully, the IAVI has continued to work ef- ic is fixing people’s lives with its heal- As an original co-sponsor of this resolution fortlessly to unite scientists, academics, non- ing hands, every day, quietly and tire- and a strong supporter of IAVI, I want to thank profit organizations, and governments from the lessly.

VerDate Aug 31 2005 05:58 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.099 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5940 CONGRESSIONAL RECORD — HOUSE July 26, 2006 When the UMMA Clinic opened 10 underserved in Los Angeles. I salute There was no objection. years ago, it was the first charitable the UMMA Community Clinic and all Mr. SHAYS. Mr. Speaker, on June 29, medical facility in the United States of the people who run it, and I salute 2006, the Friends of Animals Caucus founded by Muslim Americans. At a the Muslim American community for held a groundbreaking event on farm time when Muslim Americans face un- making it possible. animal welfare. fair discrimination and scrutiny, the I am honored to be joined in Washington Members of the caucus were joined UMMA Clinic allows Muslims to put today by several founders of the UMMA Com- by a distinguished and diverse panel of their faith into action through service, munity Clinic and other individuals who are af- speakers: representatives of three selflessness and compassion. The filiated with the UMMA Clinic. These individ- major animal protection organizations, UMMA Clinic provides Muslim Ameri- uals met with me today to discuss the work a noted legal scholar, a family farmer, cans with an institution in which they that they are doing at UMMA. and representatives of the religious and can take pride, one that enriches the 1. Yasser Aman, 2. Mansur Khan, 3. Altaf environmental communities. community with services that save Kazi, 4. Rushdi Abdulcader, 5. Nishi The way a society treats its animals lives. Abdulcader, 6. Aisha Siddiq, 7. Safia Siddiq. speaks to the core values and priorities The UMMA Clinic serves as a pri- 8. Raziya Shaikh, 9. Charles Sadler, 10. Hoori of its citizens. mary health care source for over 15,000 Sadler, 11. Ahmed Elbendary, 12. Jill PETER DEFAZIO and I recently intro- children and adults in South Los Ange- Elbendary, 13. Angela Coron, 14. Mahdy Bray, duced legislation, H.R. 5557, the Farm les, many of whom otherwise would and 15. Diana Bonta. Animal Stewardship Act, which we have no access to primary health care I welcome these people to our nation’s Cap- hope will lead to more humane treat- services. It has a patient clientele from itol and I congratulate them for the founding of ment of farm animals raised for con- every conceivable faith, culture and the UMMA Community Clinic and for their con- sumption. Additionally, I am devel- background. Over 95 percent of the tinuing commitment to provide quality health oping bills to address the issues of la- beneficiaries of UMMA’s services are care to uninsured and impoverished families in beling and animal cruelty that exists not Muslim. my congressional district. in America. UMMA takes a comprehensive ap- f Some species have become our com- proach to health care. At the UMMA REPORT ON RESOLUTION WAIVING panions, some play important roles in Clinic, patients can see a regular fam- REQUIREMENT OF CLAUSE 6(a) sensitive ecosystems, and some are ily doctor who knows them and who OF RULE XIII WITH RESPECT TO raised for food. It is our duty to protect cares about them. They can return CONSIDERATION OF CERTAIN and care for all of these animals. again and again to the same family RESOLUTIONS Matthew Scully, former special as- sistant and deputy director of speech- doctor who helps them stay one step Mr. LINCOLN DIAZ-BALART of writing to President George W. Bush, ahead of illness by encouraging them Florida, from the Committee on Rules, was unable to attend, but he submitted to eat properly and live a healthy life- submitted a privileged report (Rept. his article ‘‘Fear Factories: The Case style and making certain they get all No. 109–602) on the resolution (H. Res. of their physicals, vaccinations, lab 951) waiving a requirement of clause for Compassionate Conservatism—for tests, mammograms and other health 6(a) of rule XIII with respect to consid- Animals,’’ which was published in the screenings. eration of certain resolutions reported May 23, 2005, issue of the American The UMMA Clinic has received fund- from the Committee on Rules, which Conservative. He asked that it be in- ing and support from several other or- was referred to the House Calendar and cluded as a summary of his views on ganizations, including Kaiser ordered to be printed. this subject. Permanente, the California Endow- Before ending my comments, let me f ment, and Islamic Relief. highlight some of the views expressed UMMA has also become a committed REPORT ON RESOLUTION PRO- by Matthew Scully because it expresses advocate for the fundamental rights of VIDING FOR CONSIDERATION OF what I believe. all citizens to have access to quality H.R. 4157, HEALTH INFORMATION Mr. Scully states: ‘‘ . . . the per- health care services, regardless of their TECHNOLOGY PROMOTION ACT sistent animal welfare questions of our race, religion or socioeconomic status. OF 2006 day center on institutional cruelties on The UMMA Clinic is one of the many Mr. LINCOLN DIAZ-BALART of the vast and systematic mistreatment ways that Muslim Americans serve Florida, from the Committee on Rules, of animals that most of us never see.’’ their country. Muslim Americans have submitted a privileged report (Rept. ‘‘ . . . all of factory farming proceeds made contributions in many different No. 109–603) on the resolution (H. Res. by a massive denial of reality, the re- fields. They are our clerks and labor- 952) providing for consideration of the ality that pigs and other animals are ers, our doctors and lawyers, our teach- bill (H.R. 4157) to amend the Social Se- not just production units to be end- ers and researchers. They work in our curity Act to encourage the dissemina- lessly exploited but living creatures government, and they serve honorably tion, security, confidentiality, and use- with natures and needs.’’ in our military. fulness of health information tech- He continues: ‘‘Conservatives are UMMA represents the best of the nology, which was referred to the supposed to revere tradition. Factory Muslim American community. UMMA House Calendar and ordered to be farming has no tradition, no rules, no embodies high ethics and moral stand- printed. codes of honor, no little decencies to ards, and it was founded as a result of f spare for a fellow creature. the obligation Muslim Americans feel The SPEAKER pro tempore. Under a ‘‘The whole thing is an abandonment to ensure the well-being of everyone in previous order of the House, the gen- of rural values and a betrayal of honor- society. If you want to see what Mus- tleman from Texas (Mr. POE) is recog- able animal husbandry.’’ lim Americans truly represent, go to nized for 5 minutes. He further continues by saying: ‘‘ the UMMA Community Clinic in my (Mr. POE addressed the House. His . . . we cannot just take from these district and you will see it there. remarks will appear hereafter in the creatures; we must give them some- Charitable organizations like the Extensions of Remarks.) thing in return. We owe them a mer- ciful death and we owe them a merciful UMMA Clinic cannot solve the Nation’s f health crisis alone, but their efforts are life. And when human beings cannot do THE FARM ANIMAL STEWARDSHIP making an invaluable contribution by something humanely, without degrad- ACT: HUMANE TREATMENT OF healing countless people who have been ing both creatures and ourselves, then FARM ANIMALS relegated to society’s margins. we should not do it at all.’’ Mr. SHAYS. Mr. Speaker, I ask unan- The importance of this issue is evi- b 2230 imous consent to address the House for dent, as over 100 people attended the I am proud to congratulate the 5 minutes. hearing to examine the issue of the hu- UMMA Community Clinic upon its 10th The SPEAKER pro tempore. Without mane treatment of farm animals. anniversary for the critical health objection, the gentleman from Con- The Friends of Animals Caucus will services it provides to the medically necticut is recognized for 5 minutes. continue to work on a bipartisan basis

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.165 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5941 to help protect animals at the Federal certainty, they and their buddies were soldiers who were abducted by level. being physically and mentally wound- Hezbollah terrorists, Israel takes great f ed. Those who were not killed or in- lengths to minimize civilian casualties. The SPEAKER pro tempore. Under a jured were likely to become victims of Conversely, Hezbollah takes great previous order of the House, the gen- PTSD, posttraumatic stress disorder. lengths to maximize civilian casualties But they did come home if they were in Israel while making breathing barri- tleman from Illinois (Mr. EMANUEL) is recognized for 5 minutes. not killed. They came home with sad, cades out of the innocent men, women, (Mr. EMANUEL addressed the House. sad eyes. They came home feeling like and children in Lebanon. Time and again Israel has made ef- His remarks will appear hereafter in outsiders in their homes, in their com- forts for peace. Israel fully withdrew the Extensions of Remarks.) munities, because they could not share what they had been living with the last from Lebanon. Then she uprooted from f 9 months to 11⁄2 years. They were con- Gaza. She was thanked with rockets, THE GROUND TRUTH fused and they were ashamed by what mayhem, and bloodbath. they had done. They were questioning The recent kidnapping and murder of Ms. WOOLSEY. Mr. Speaker, I ask their mission. They were embarrassed Israeli citizens and soldiers were defin- unanimous consent to speak out of because their families thought they itive acts of war. Hezbollah terrorists, order. were heroes and they saw themselves along with the nations of Syria and The SPEAKER pro tempore. Without as pretty bad people. Iran, who support them, are the aggres- objection, the gentlewoman from Cali- These men and these women, Mr. sors, Mr. Speaker. And now as Israel fornia is recognized for 5 minutes. Speaker, were victims. They did what has risen up to defend herself, along There was no objection. they were trained and commanded to with each of the individual citizens Ms. WOOLSEY. Mr. Speaker, this do. In fact, one infantryman in the film whom she loves, we hear cries from the evening I saw a film called ‘‘The said that at the end of the day, those U.N. and other quarters for Israel to re- Ground Truth.’’ It was about Marines who had not killed that day were chid- strain herself. in the infantry who had been sent to ed by the others in their unit. What if, on 9/11, Mr. Speaker, the Iraq. These Marines were from all over Of course, Mr. Speaker, you can be outcry was for the United States to re- the United States of America. certain that these young people were in strain ourselves? Or what if Israel had It began introducing individual Ma- desperate need of help. Physical, which listened to such calls for restraint 15 rines, individual soldiers. And these in- is obvious; and mental, which is harder years ago when she learned that Sad- dividuals knew why they had enlisted. to assess because their needs were la- dam Hussein was building a nuclear re- They were trusting their decision. beled ‘‘behavior disorders.’’ actor? The United States and our coali- They were feeling comfortable that So these individuals joined the mili- tion forces would have faced terrorists they knew with who their enemy was tary, did their jobs, no longer liked with nuclear weapons when we lifted and our enemy was dangerous and the themselves when they came home, but the iron hand of Saddam Hussein in danger was to the United States of came home in great need of help to find 2003. America. They also knew that joining it was very difficult and sometimes ab- You see, Mr. Speaker, Israel under- was their way out. Out of their towns, solutely impossible to get the help stands that the entire world faces an out of their neighborhoods, out of cur- they needed. One soldier hung himself. evil, poisonous ideology that causes rent dead-end situations; or up for Others drank or used drugs, acted out mothers to leap for joy when their chil- training and/or education that would in anger, made life impossible for their dren blow themselves to pieces in order not be available to them outside of the loved ones until they began to patch to kill other innocent human beings. military. themselves up and their lives back to- Israel understands that a dark ideology Their eyes were clear. Their voices gether again, or did not. like that must never be allowed to gain were firm. Their resolve was intact. Mr. Speaker, these are only a few ex- nuclear weapons. They went off to boot camp. amples of what war does to those who And why does the rest of the world Boot camp gave them the steel they are trained to kill, who do their job not seem to understand that? This is needed in their backbones. It gave and are left feeling guilty. We must end the same ideology that murdered them the practice they needed so they all war. We do not want to put other Olympic athletes in 1972, that took would be able to kill, kill their enemy. individuals through this. American hostages in Iran, that mur- And they knew that that enemy was dered Marines in their barracks in 1993, dangerous to the United States of f that bombed the World Trade Center in America. The SPEAKER pro tempore. Under a 1993, Riyadh in 1995, the Khobar Towers Their heads were shaved. Their previous order of the House, the gen- in 1996, the embassy in 1998, and the voices were hard. Their anger was tleman from Nebraska (Mr. OSBORNE) is USS Cole in 2000. stirred. They knew their enemy and recognized for 5 minutes. And then, Mr. Speaker, this mur- they were ready to fight. (Mr. OSBORNE addressed the House. deress ideology massacred nearly 3,000 So off they went to war. They went His remarks will appear hereafter in Americans on September 11. to Iraq or they went to Afghanistan. the Extensions of Remarks.) And today this is the same ideology They got there. They went into battle f that is launching rockets into Israel to against people, Iraqi people, recruits kill innocent civilians. And, Mr. like themselves whom they considered ISRAEL: AMERICA STANDS WITH Speaker, lest we forget, it is the same were clearly their enemy. But then YOU ideology that is working feverishly to they found themselves killing children, Mr. FRANKS of Arizona. Mr. Speak- gain nuclear weapons, to terrorize the running over them with their vehicles, er, I ask unanimous consent to address Western world in ways that we cannot on command firing on children, burn- the House out of order. yet imagine. ing children. And women, one Marine The SPEAKER pro tempore. Without Seven decades ago, Mr. Speaker, an- told the story of mistakenly shooting a objection, the gentleman from Arizona other murderess ideology arose in the woman just before she waved a white is recognized for 5 minutes. world. The dark shadow of the swas- handkerchief to show that they she There was no objection. tika fell first upon the Jewish people of was not an enemy. And men, men who Mr. FRANKS of Arizona. Mr. Speak- Germany. And because the world did could have been, or not, part of the in- er, a tyrannical government cares not not respond to such an evil, it began to surgency. Never clear if they were kill- about the fate of an individual citizen. spread across Europe until it lit the ing innocents or if they were fighting But in a free country to murder a sin- fires of World War II’s hell on Earth, the enemy. Their eyes became con- gle innocent citizen is to provoke a which saw atomic bombs fall on cities fused. Their voices became uncertain. fight with the entire nation. This is and over 50 million people dead world- Their resolve questioning. one of the great differentiations be- wide. All because, Mr. Speaker, the And while they were moving through tween Hezbollah and Israel. While des- world’s free people did not respond in these emotions from certainty to un- perately trying to retrieve two of her time.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.169 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5942 CONGRESSIONAL RECORD — HOUSE July 26, 2006 b 2245 India in the past. This new U.S. policy which in fact reflects the actual costs History has taught us that evil of military sales to Pakistan will con- of input for the physician delivering ideologies must ultimately be defeated tribute to increasing security concerns the care. in the minds of human beings. But in throughout South Asia, particularly in Mr. Speaker, the Medicare Physician the meantime, in the meantime, Mr. India. This material is not being used Payment Reform and Quality Improve- Speaker, they must often be defeated against al Qaeda, but there is a poten- ment Act of 2006 has four main goals: upon the battlefield. tial that it would be used in a war First, to ensure that physicians receive The battle Israel fights in these days against India. We don’t need to reward full and fair payment for services ren- is a battle to protect all of humanity Pakistan for being our friend in the dered; secondly, to create quality per- from an evil ideology that has no re- war on terrorism by giving them ad- formance measures that allow patients spect for innocent human life anywhere vanced weapons systems that are not to be informed consumers when choos- on the Earth. That is why, Mr. Speak- likely to be used in that effort. ing their Medicare provider; thirdly, to er, Israel’s war is our war, and if there Pakistan has also faltered on pro- improve Quality Improvement Organi- is hope for peace and freedom in this liferation in the past. In fact, just last zation accountability and flexibility; world, free peoples across this world week Pakistan announced that it is in- and, fourth, to find reasonable methods just unite to defeat this hellish ide- creasing its capacity to produce nu- of paying for these benefits. Current law calculates an annual up- ology of terrorism. This time, Mr. clear fuel, a move which signals a date for physician services based on the Speaker, we must not wait too long. major expansion of the country’s nu- sustained growth rate, or SGR, as well So may the people of Israel take clear weapons capabilities. These reac- as the Medicare economic index and comfort in these days, knowing that tors paired with some of our most high- the adjustment to bring the MEI up- America stands with you. May you find ly technological jets and materials date in line with the SGR target. When victory, and may the light of God’s could be disastrous to the region. expenditures exceed the SGR target, peace shine down upon the streets of Mr. Speaker, we may be supporting the update for a future year is reduced. Jerusalem, forever. the Pakistani military, but we may also be increasing the rift in peace re- If expenditures fall short, the update f lations between India and Pakistan and for future years is increased. This is an The SPEAKER pro tempore (Mr. in the South Asia region. economic incentive for physicians to POE). Under a previous order of the Mr. Speaker, economic assistance is limit health care spending. House, the gentlewoman from New certainly necessary to reform Paki- Unfortunately, Mr. Speaker, the sys- York (Mrs. MCCARTHY) is recognized stan’s schools, provide health care pro- tem simply doesn’t work. Healthcare for 5 minutes. grams and support economic restruc- spending continues to grow and physi- (Mrs. MCCARTHY addressed the turing that will stop Pakistan from cians exceed their target expenditures House. Her remarks will appear here- being a breeding ground for terrorists. every year. Subsequently, Medicare re- after in the Extensions of Remarks.) But military assistance is another imburses them less and less. The net f matter. Allowing this sale sends the result is that patients have less and CONCERN ABOUT U.S. ARMS SALE wrong message to the government and less access to their physicians, and TO PAKISTAN the people of India. I fear that it will those patients covered by Medicare ar- mean a step backwards in U.S.-India guably are our nation’s most frail and Mr. PALLONE. Mr. Speaker, I ask relations and in South Asia’s regional complex patients. unanimous consent to take the time of stability. This bill just introduced ends the ap- the gentlewoman from New York. plication of the SGR January 1, 2007. f The SPEAKER pro tempore. Without Instead, we propose using a single con- objection, the gentleman from New The SPEAKER pro tempore. Under a version factor for Medicare reimburse- Jersey is recognized for 5 minutes. previous order of the House, the gen- ment: The MEI, Medicare economic There was no objection. tleman from New Jersey (Mr. GARRETT) index, minus 1 percent. This eliminates Mr. PALLONE. Mr. Speaker, I rise is recognized for 5 minutes. the negative feedback loop that con- this evening to express concern about (Mr. GARRETT of New Jersey ad- stantly creates a deficit in healthcare the Bush administration’s $5 billion dressed the House. His remarks will ap- funding and introduces a more market arms sale to Pakistan. Though little pear hereafter in the Extensions of Re- sensitive system. can be done to stop the deal, I believe marks.) Regarding quality measures, the the plan is misguided. f American Medical Association and Considering the recent linkage of the The SPEAKER pro tempore. Under a other physician organizations have Mumbai bombing to terrorist groups previous order of the House, the gen- been working to create a relevant eval- operating in Pakistan, this sale may tleman from Oregon (Mr. DEFAZIO) is uation system for outpatient further slow a 2-year peace process be- recognized for 5 minutes. healthcare. In conjunction with these tween India and Pakistan. (Mr. DEFAZIO addressed the House. organizations, we propose creating a The government of India has made a His remarks will appear hereafter in voluntary system of evidence-based strong commitment to fighting ter- the Extensions of Remarks.) quality measures. rorism all over the world. Like the f Each physician specialty organiza- United States, nothing has deterred tion will create their own quality their firm policy to fight this regional TACKLING THE IMPOSSIBLE? LAW- measures applicable to core clinical and global menace. Unfortunately, MAKERS ADDRESS PHYSICIAN services which they will submit to a Pakistan has not yet figured out a way PAYMENT OVERHAUL consensus building organization. Taken to deter terrorist cells from growing Mr. BURGESS. Mr. Speaker, I ask as a whole, these measures should pro- within their borders. unanimous consent to speak out of vide a balanced overview of the per- We have to be careful where we are order for 5 minutes. formance. They will allow patients to sending such highly sophisticated The SPEAKER pro tempore. Without better understand the quality of the weaponry. While Pakistan has been an objection, the gentleman from Texas is healthcare providers they choose and ally in the global war on terror, the recognized for 5 minutes. be a fair assessment to reduce government has simply watched while There was no objection. healthcare disparities across groups terrorist groups such as Lashkar-e- Mr. BURGESS. Mr. Speaker, I come and regions. This will arm patients Tayyaba committed terrorist acts in to the House floor tonight to talk to with critical information related to Jammu and Kashmir and other parts of my colleagues about a bill, H.R. 5866. quality of care giving and give physi- India. Its actions within its own coun- This is a bill that will repeal the SGR, cians a yardstick to measure their own try proved themselves not fit for re- the formula by which physicians are performance and make improvements. ceiving these arms. paid under Medicare, and replace it Additionally, these provisions largely Mr. Speaker, foreign military assist- with a more sustainable, more market- follow the spirit of an agreement bro- ance to Pakistan has been used against friendly Medicare economic index kered between medicine and leaders on

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.174 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5943 the Hill when finalizing negotiations (Mr. BROWN of Ohio addressed the Nation. The Iraqi citizens are coming on the Deficit Reduction Act. House. His remarks will appear here- forth, as I say, with tips about insur- To offset the cost of these changes, after in the Extensions of Remarks.) gents like al-Zarqawi and terrorist ac- we are looking at multiple options: Re- f tivities, more than 4,500 tips in March directing the stabilization fund from The SPEAKER pro tempore. Under a of this year alone. the Medicare Modernization Act pro- previous order of the House, the gen- Of course, Mr. Speaker, this infamous vides some funds. Also Medicare cur- tleman from New York (Mr. WEINER) is photograph of Zarqawi is recognized by rently pays for indirect costs of med- recognized for 5 minutes. every Member in this Chamber. And ical education twice, directly and by (Mr. WEINER addressed the House. listen to his quote. ‘‘Americans are the inflating payments to Medicare Advan- His remarks will appear hereafter in most cowardly of God’s creatures. They tage plans. By paying only once, we the Extensions of Remarks.) are an easy quarry. Praise be to God. can find additional money. We ask God to enable us to kill and Mr. Speaker, I would submit that f capture them.’’ This was a letter to al there are other cost saving measures The SPEAKER pro tempore. Under a Qaeda in February of 2004. Thank our that can be employed, and we are cer- previous order of the House, the gen- God that this infamous Zarqawi no tainly encouraging many groups across tleman from Washington (Mr. longer exists and is no longer a threat the healthcare spectrum to partner MCDERMOTT) is recognized for 5 min- to the Iraqi people and to our brave with us on this. utes. military that are fighting in Iraq. A recent article in CQ Healthbeat (Mr. MCDERMOTT addressed the Let me just speak a little bit about News from January 25th talks about House. His remarks will appear here- democracy, and, of course, the prime the changes that might occur in the after in the Extensions of Remarks.) minister spoke to that so well today. SGR. We had a hearing on Tuesday. f Prime Minister Maliki serves as a The article says, ‘‘Tuesday’s hearing democratically elected prime minister may have marked progress of sorts, be- THE TRUE FACTS IN REGARD TO PROGRESS IN IRAQ of Iraq. More than 70 percent of Iraq’s cause not only were lawmakers at least citizens voted in a series of free and talking about what was seemingly an The SPEAKER pro tempore. Under fair elections. The Iraqi citizens rati- intractable issue, but they actually of- the Speaker’s announced policy of Jan- fied a constitution and they elected the fered some ideas for a down payment uary 4, 2005, the gentleman from Geor- Iraqi National Unity Government. For on a long-term fix. gia (Mr. GINGREY) is recognized for one- the first time, women are part of the ‘‘Offering a road map on the issue half the remaining time until midnight political process, holding 31 percent of was legislation, H.R. 5866, that would as the designee of the majority leader. the assembly seats. The number of erase the scheduled payment cuts while Mr. GINGREY. Mr. Speaker, today judges has increased seven-fold. arming Medicare beneficiaries with was an historic day on this House floor Let’s speak just a little bit about the more information on the quality of when we heard in a joint session of society in Iraq. Mr. Speaker, this physician care. Congress from the Prime Minister of shows a picture, that famous picture of ‘‘The bill would lower the MEI by 1 Iraq, Nouri Al-Maliki. The Iraqi people an Iraqi woman holding up that victory percentage point, which in 2007 would have spoken and their prime minister sign with that blue ink on her finger mean a payment increase of 2.7 per- has spoken. signifying that she has voted, having cent. The Medicare Payment Advisory Last night during our special hour, stood in line all day long. There were Commission called for an update based Mr. Speaker, two of my colleagues lots of terrorist attacks that day, yet on the MEI of 3.7 percent in 2007 minus from Georgia talked about the eco- the Iraqi people voted in a higher per- an adjustment fact of 0.9 percent, es- nomic activity of this country and how centage than we Americans vote in a sentially the same number. well we have done under the policies of presidential election year. ‘‘The bill would also enact rec- this President and this Republican Our troops are continuing to help the ommendations by the Institute of Med- leadership, and they termed that hour Iraqi people in building schools, sanita- icine to improve Quality Improvement the truth hour as presented by the tion projects and medical centers. Organizations which contract with truth squad, to make sure the facts are Medicare to improve quality of care presented to our colleagues and to the b 2300 under the program. The bill would American people, the true facts. The Iraqi people can now watch com- make the quality improvement activi- What I would like to do in this short mercial television and read inde- ties of QIOs available to all providers, time that we have tonight, Mr. Speak- pendent newspapers, signs of a growing guarantee a minimum of funding for er, is to talk about the true facts in re- freedom of speech. QIOs and a required review of their re- gard to Iraq and the Iraqi people and Primary school enrollment has in- sources when the organization’s duties why we need to continue to support creased by nearly 3 million children. are expanded.’’ them and not consider for a moment to Iraqi medical schools are graduating Mr. Speaker, I think this is a worth- bail out in these difficult times that 2,250 doctors each year. Unemployment while bill. I think this Congress owes it they are continuing to go through. is down dramatically. In the past 3 to the patients and the physicians in Mr. Speaker, I want to just talk years, Iraq’s GDP per capita has more this country that depend upon the about some of the progress that we than doubled. Medicare system. We have done some have made. I have got a couple of slides More than 40 countries and inter- great things with expanding the pre- here that I would like to present. national groups have established em- scription drug program, but it is time First, just talking about the security bassies or missions in Iraqi to assist to address some of the other short- in Iraq, Iraq’s brutal former dictator, the developing democracy. Listen, Mr. comings of the program. Saddam Hussein, as we all know, is be- Speaker, to some of the excerpts of the f hind bars and has been for the past prime ministers speech to Congress The SPEAKER pro tempore. Under a couple of years. Just in the last couple today on the floor of this House, as he previous order of the House, the gen- of months, Mr. Speaker, the infamous, thanked the American people. tleman from California (Mr. GEORGE the notorious Abu Musab al-Zarqawi, ‘‘Iraq will not forget those who stood MILLER) is recognized for 5 minutes. the leader of al Qaeda in Iraq, was with her and who continue to stand (Mr. GEORGE MILLER of California eliminated by United States troops, with her in times of need. Thank you addressed the House. His remarks will with the help, I might add, Mr. Speak- for your continued resolve in helping appear hereafter in the Extensions of er, of the Iraqi people, from actionable us fight the terrorists plaguing Iraq, Remarks.) intelligence that we obtained from which is a struggle to defend our nas- f them. cent democracy, and our people who as- The SPEAKER pro tempore. Under a The Iraqi Security Forces now num- pire to liberty, democracy, human previous order of the House, the gen- ber over 260,000, and they are partici- rights, and the rule of law. All of those tleman from Ohio (Mr. BROWN) is rec- pating in more than 90 percent, 90 per- are not just western values, they are ognized for 5 minutes. cent, of all security operations in their universal values for humanity. They

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.179 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5944 CONGRESSIONAL RECORD — HOUSE July 26, 2006 are as much for me the pinnacle em- cial order hour tonight and for step- That means the people here in Wash- bodiment of my faith and religion and ping up front to stand up for freedom ington, D.C., the politician all across they are for all free spirits’’. and liberty for the American people, America. That means the politicians in I quote further. ‘‘Today Iraq is a de- for the Iraqi people, and one day, I western Europe and all across the mocracy which stands firm because of hope and pray it is for all people on world. That means the politicians in the sacrifices of its people, and the sac- this planet. Iraq as well. They have all got to stay rifices of all those who stood with us in If there was a theme that came out of in this fight. this crisis. And that is why I thank prime ministers Al-Maliki’s speech When I look these solders in the eye you. I would like to thank them very today, it was that theme, that theme that are over there in that 125 and 130 much for all their sacrifices’’. of freedom and liberty, and that theme degree heat today, they will say to me, Again, this is the prime minister that ties us all together when he told ‘‘I am proud to serve my country. I am speaking today from the floor of this that freedom is not an American value, proud to stand here, and I am willing House to the American people. He goes but it is a value that God gives to all to put my life on the line for a year or on. ‘‘The journey has been perilous and humanity. more if necessary. But why do I have to the future is not guaranteed. Yet many One of the statements that he made, fight the United States news media around the world who underestimated I am not sure if you might have al- too’’? that resolve of Iraq’s people and were ready made this statement, Mr. Well, no soldier or marine should sure that we would never reach this GINGREY, but I want to emphasize it. have to do that. In fact, that is our job. stage. Few believed in us. But you the And this is one that gripped me when I And we take that on and we put the American people did and we are grate- heard it said this afternoon. Prime facts out here on this floor. And we do ful for this’’. Minister Maliki: ‘‘The fate of our coun- so in press conferences. That is our I want to just go on briefly before I try and yours is tied. Should democ- way of fighting this war. call on one of my colleagues, the gen- racy be allowed to fail in Iraq and ter- The object of war, according to tleman from Iowa (Mr. KING), who has ror permitted to triumph, then the War Klauswitz is to destroy the enemy’s joined me and would also like to talk on Terror will never be won else- will and ability to conduct war. The about the success that we have had in where’’. object of war, according to Steve King Iraq and why we need to continue to Mr. Speaker, we must win this battle is, war is over when the losing side re- stay the course. in this Global War on Terror, this bat- alizes that they have lost. The prime minister further said, ‘‘I tleground that is Iraq. There is no al- And if voices come out of this Con- know some of you here question wheth- ternative but victory. In fact, we are gress that seek to convince them oth- er Iraq is part of the War on Terror. moving down this path in a successful erwise, that works against the cause Let me be very clear. This is a battle fashion. You just cannot simply every and does not support our troops. In the between true Islam, for which a per- day take a measure of it. It is kind of end, it costs American lives. And that son’s liberty and rights constitute es- like going on a diet in the morning and has happened. And the cemeteries have sential cornerstones, and terrorism, weighing yourself at noon and deciding brave Americans that would otherwise which wraps itself in a fake Islamic you want to change your diet. We need be living a normal life that have given cloak, in reality wages a war on Islam their lives for freedom that would not and Muslims and values and spreads to look at milestones. There have been milestones after have had to, if we stuck together as a hatred between humanity’’. That quote from prime minister milestones that have flowed out of people in this country. Maliki today. And that is exactly Iraq. And there been three elections But a core of us are together, a ma- right. He continues by saying, ‘‘wher- with 70 percent of the people going to jority of us, a vast majority of us are ever human kind suffers a loss at the the polls, more people going to the together and we will stick this out. hands of terrorists is a loss for all hu- polls in some of the elections, than You know, I would rather be on this manity. It is your duty and our duty to came to the polls in a U.S. national side as I listen to the pessimism that defeat this terror. Iraq is the front line election. comes sometimes from the other side in this struggle, and history will prove That ought to tell you where their of the aisle, then I would be on the that the sacrifices of Iraqis for freedom commitment is. And the picture of the other side of this battle in Iraq. I would will not be in vain. Iraqis are your al- lady with the purple fingers and shin- a lot rather be on the side of freedom, lies in the War on Terror’’. ing it in victory, that says what is on the side of the Iraqi military and So, Mr. Speaker, let us put to rest going on there. It is a very, very proud the coalition troops than I would be on this question of doubt, of the resolve of thing that they stepped up to freedom. the side of al-Qaeda and the terrorists the Iraqi people and their commit- When I asked them, the Iraqis, are in Iraq. ment. Sure, we have made tremendous you first an Iraqi, or are you first a Just to state that, I believe it was a sacrifices in 2,6000 of our soldiers who Kurd or a Sunni or a Shiia, invariably year ago, it must have been April of have been killed, and probably 12,000 to they will are ay, I am an Iraqi first. 2004 when Zarqawi wrote a letter, 14,000 that have been severely injured They want to have a unified nation, about a 17-page letter full of lamenta- in trying to fight this Global War on they want to have a free nation, they tions. And he said then this was not Terror, and bring a form of democracy want to be a free people. like Vietnam, that they did not have to these people who are striving so Part of the rest of the speech was, as mountains or forests to hide in, the hard for the principles of freedom. Al-Maliki said, ‘‘this terrorist front is only place they could hide was in the We have paid a sacrifice. But they a threat to every free country in the homes of the Iraqi people that would be have paid a tremendous sacrifice. And world and their citizens. What is at willing to take them in, and the Iraqis the estimate could be as many as 40,000 stake is nothing less than our freedom that were willing to hide al-Qaeda killed, if not more, many of them inno- and liberty. Confronting and dealing were, ‘‘as rare as red sulfur’’. cent Iraqi citizens, and many of them with this challenge is a responsibility I am just going to presume that red women and children. of every liberal democracy that values sulfur is quite rare, maybe like frogs or Mr. Speaker, it is a very important its freedom. Iraqi is the battle that will chickens teeth, but quite rare. I have time today on the heels of the prime determine the war. If in continued never seen any red sulfur over there, minister’s visit and speech to the Con- partnership we have the strength of and I have looked around quite a lot. I gress today that we talk about this to- mind and commitment to defeat the am sure he meant it was awfully hard night. And, yes, once again the Truth terrorists and their ideology in Iraq, to find a place to lay down and get Squad needs to speak loudly on this they will never be able to recover’’. some rest in a country like Iraq when issue. Which brings me to mind a meeting the people do not want to take in al- Mr. Speaker, with that I would like that I had in Iraq my last time there Qaeda. That was a couple of years ago. to call on my colleague from Iowa (Mr. with General Casey and General Now, Zarqawi has gone on to meet KING) for his remarks. Abizaid, when General Casey made the his eternal reward, justly so. And I Mr. KING of Iowa. Mr. Speaker, I statement, ‘‘the enemy cannot win if have visions of what that might be like thank Mr. GINGREY for leading this spe- the politicians stay in the fight’’. for him. But rather than paint those on

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.185 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5945 this floor and perhaps be gaveled down, Iran has been fomenting violence in down in 1989. That is my prayer and Mr. Speaker, I point out what it looks Iraq for years. And we have tolerated it that is my hope, Mr. Speaker. today like for the survivors that are far more than we should. And I do not I appreciate the gentleman from still on the side of al-Qaeda. know that we can resolve the issue in Georgia yielding to me, and I appre- How bad must it be over there to try Iraq as long as Iran is sending muni- ciate his presentation. to find optimism when you are losing tions, supplies and money and pro- Mr. GINGREY. Mr. Speaker, I want as badly as they are. Other folks would viding training for terrorists to go into to say the gentleman from Iowa in just like to convince us that we are losing. Iraq. a brief colloquy with him, and of In fact, there is nothing that supports But it is happening. It has been going course thanking him for being with us that. How bad are they losing? Well, on for more than 2 years, perhaps more tonight, that I am sure that he would one of the latest blows to al-Qaeda in than 3 years. And there has been a big agree that our Commander-in-Chief Iraq, this is an excerpt from a May 8, price paid for that. Syria also to a less- needs to rely on the combatant com- 2006 Associated Press, could not get er extent. manders. Certain today of course is more credible than the Associated General Casey, before that General b 2315 Press article, about documents cap- Sanchez, before that General Franks, tured during mid-April’s raid south of But I don’t know anybody that be- to let him know in regard to how many Baghdad. lieves that if you could have taken troops need to be on the ground and The highlights of disorganization Syria and Iran out of this equation where they need to be positioned and that already existed in Iraq, and the with Iraq, if the border essentially had how long they need to stay. disorganization for al-Qaeda and the been sealed and they stayed out of that I know that we have heard a lot from terrorists that continues to this day. It involvement, I don’t know anybody Members on the other side of the aisle is this way. ‘‘Every year is worse than that believes the issue wouldn’t have particularly calling for a date certain the previous year’’. That is a quote been resolved in Iraq, that there for a troop withdrawal or reduction or from captured documents of al-Qaeda wouldn’t be peaceful passivity there redeployment 6,000 miles away, to Oki- and the terrorists. ‘‘Every year is and a solid, stable government and this nawa or whatever. worse than the previous year.’’ economy that is now growing to the Mr. Speaker, I am sure my colleague The strategy document complains point where they have doubled their from Iowa would agree that this is a that, ‘‘the strength of the brothers in GDP since the time of liberation would call that we need to leave to the com- Baghdad, is based mostly on car bombs have been even greater than it is batant commanders to make these de- and groups of assassins lacking any or- today. The soil supplies would be great- cisions. I know that because of the in- ganized military capabilities’’. er. The electrical production would be surgency, the up tick in the insur- We will go on with the AP article. greater. gency, as these Islamic extremists con- The writer complains that the Ameri- But a lot of that progress with that tinue to struggle in their death throes cans and the Iraqi government forces was not yet made in Iraq, has been held post-Zarqawi, there is going to be some were able to absorb our painful blows, back by the terrorists that are trained tough times; and this is certainly not raise new recruits and take control of and funded and supported by Iran. And the time to give them your playbook. Baghdad as well as other areas one an- I remember what our President said: If Would you not agree with that? other. you are terrorist, you are an enemy. If There is why every year is worse Mr. KING of Iowa. I would absolutely you support a terrorist, house a ter- than the previous year, as far as the agree. rorist, fund a terrorist, train a ter- Mujahadin’s control and influence over I think pretty soon fall football prac- rorist, you are our enemy. It doesn’t Baghdad, according to the document tice will start, and I can’t imagine a matter where you are or who you are. that was captured. That should give football coach inviting the other coach Iran fits in that category. Syria fits the American people a sense of what it in to watch your fall drills, or ‘‘Here is in that category. Now the pressure is is like on the other side, on the losing my playbook. Here is how we run these up, and the world’s spotlight, the world side. plays and here is how I call them.’’ You And if we sang from the same hym- stage is Iraq and Israel. would never do it. You would never sit nal, sang the same chorus, carried Now, imagine a free Iranian people, a down to a poker game and play your forth the same message, which is we free Iranian people that next month, hole cards face up. are in this thing for victory, Iraq is a just the fifth of next month, will be When you are at war, intelligence is battleground in a Global War on Ter- celebrating a constitution that was es- a big part of it. And to be able to tip ror, we will stick this thing out, not tablished, however briefly, 100 years your hand to say, no, we are going to only to put this issue away and behind ago that defends their freedom and pull out of here on such and such a us and make sure that there is a plat- their rights the same way that our date, the enemy could go underground, form and a climate for freedom for the rights and our freedom are defended by hole up. They could use that period of Iraqi people, but as far and as long as our Constitution. I will say close to time to store more weapons, more am- we have to go so that we can secure the that. They have something to cele- munitions, do more training, just stay safety and the security for the Amer- brate. out of combat; and then, when that ican people and for all freedom-loving And as that centennial roles around moment comes, come back out of their people all around the globe. on August 5, next month, I am hopeful holes in the ground and turn around Today we are watching about the that will be an inspiration for the Ira- and attack Americans and Coalition 14th or probably the 15th day of the nian people that one day soon they can troops and Iraqis. battleground in Israel, where they were rise up and they can grab ahold of con- This is such a solid concept that you attacked from both sides, from the trol of Iran and again be a free people are addressing here. It is such a solid south in Gaza and the north out of Leb- inspired by that constitution from a concept that I am surprised that there anon. By Hamas in the south and century ago, inspired by a free Iraq and is anyone on the other side of the aisle Hezbollah in the north. At the direc- a prosperous Iraqi people and inspired that promotes and supports such a tive and order, I believe, of the mullahs by the potential for a world across the thing. in Iran and Ahmadinejad. Middle East where all people breathe About a week ago, former President Because they wanted to change the free. Clinton also stood with you on this subject on the United Nations pressure If that happens, that has cured the issue and with me on this issue on how on Iran for violating nuclear prolifera- type of habitat that breeds terror. ridiculous it would be to establish a tion agreements, and UN Resolution Freedom doesn’t breed terror. Free date certain to pull out of Iraq. 1559. So they started a war, and their people never go to war against other You illustrated that first year, some number one enemy, the people that free people. There is a bright future months ago, the statement was made Ahmadinejad said should be wiped from there in that part of the world. Free- that we should pull troops back to the the face of the earth. There is no ques- dom can echo across those Arab coun- horizon. Now I envision that to be kind tion that that is their commitment, tries the same way it echoed across of back there where the sun sets on the Mr. Speaker, to do that. Eastern Europe when the wall went hill or rises on the hill. Either way it

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.186 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5946 CONGRESSIONAL RECORD — HOUSE July 26, 2006 would be a horizon. And it does turn unteered for service in the United maining time until midnight as the out that the horizon was Okinawa. I States Army. He, like so many of us designee of the minority leader. don’t think anybody in the world imag- who have volunteered on behalf of our Mr. MEEK of Florida. Mr. Speaker, it ined that the horizon really meant Oki- country, has made the positive statis- is an honor to address the House to- nawa. tics and the statements and the night. The 30-Something Working Mr. GINGREY. I thank again the changes in Iraq possible. But it is not Group is always prepared to come to gentleman from Iowa. just for the country of Iraq, it is for the the floor not only to share with the My good friend, the gentleman from United States of America. Members but the American people Virginia (Mr. GOODE), has joined us at We have indeed been fortunate in this about some of the issues that we would this late hour. At this time, I would country. Over the last 200 some odd love for the entire Congress to work like to call on him for his remarks con- years since our Nation was founded, on, Mr. Speaker, if we worked in a bi- cerning the Iraqi situation. rarely have there been attacks upon partisan way. Mr. GOODE. I thank the gentleman. our homeland. Most of the fighting in My friends on the other side of the I would like to restate some of the World War II was abroad. All of the aisle who just finished talking about comments that we heard earlier today fighting in World War I was abroad. In Iraq, the beautiful thing about our de- from the new Prime Minister of Iraq Korea, the fighting was abroad. In mocracy is that we have the oppor- and make some of the points he said Vietnam, the fighting was in Asia. And tunity to voice our opinion in the way about how Iraq of today is different now, when we are in the Middle East, we see it. than what the Iraq of a few years ago back in the Gulf War of 1990, 1991, the I think it is also important for us to was. fighting was there. We liberated Ku- realize what the reality is not only He said, ‘‘We have gone from a small wait. And now today, following Sep- here in America but in Iraq and the one-party state ruled by a dictator and tember 11 when we were hit on our own Middle East and what is going on right a small elite to a multi-party system soil, in Afghanistan men and women in here in the Midwest, Ms. WASSERMAN where politics is the domain of every our Armed Forces are standing up for SCHULTZ, or what is not going on as it citizen and parties compete at all lev- America, and some have given their relates to investing in the Midwest, els. What used to be a state-controlled lives, have given their all for our Na- making sure that we invest in Amer- media is now completely free and un- tion. ica, using coal for energy, innovation, censored; something Iraq had never Our Nation is a beacon on a hill. It is and also making sure that we can work witnessed since its establishment as a the land of the free and the home of the with our farmers here in the United modern state, and something which re- brave because of those persons like States so we don’t have to depend on mains alien to most of the region. Adam Fargo who have stood by our Middle East oil and we don’t have to What used to be a command economy country and made those of us who are send our men and women into harm’s in Iraq we are rapidly transforming in the United States of America far way to make sure that we are able to into a free market economy. In the safer and given us the ability to enjoy put gas in our tanks here in the United past 3 years, our gross domestic prod- democracy and the greatest freedom in States. uct per capita has more than doubled, the world. As you know, in our innovation agen- and it is expected that our economy We need to thank all of our troops, da and also energizing America agenda, will continue to grow.’’ and particularly those for whom we in our new direction for America, here He went on to say, ‘‘While small sec- can never express enough gratitude for in this side of the aisle we are for in- tions of central Iraq are unstable, large they have given their lives so that all vesting in the United States, we are for sections have remained peaceful but ig- of us may be free and that our democ- making sure that we can cut our de- nored for far too long. They were the racy can be a shining light for the rest pendency on Middle East oil so that we most deprived areas of Iraq under the of the world. don’t find ourselves in the middle of previous regime and have been the Mr. GINGREY. I thank the gen- these conflicts that we are in right most valiant in Iraq’s struggle for free- tleman from Virginia. I don’t think now. dom. We need to make an example out anyone could possibly say it any bet- As you know, we have been talking of these stable areas as models for the ter. for several weeks about our new direc- rest of the country. We must not break faith with those tion for America. I am glad Ms. ‘‘Reconstruction projects in these who have died for this cause and those WASSERMAN SCHULTZ is here again to- areas will tackle unemployment, which who have been severely injured and night, as she always is, and it is great. will weaken the terrorists. They will their families. We have an obligation It is like old times. become prototypes for other, more to them and to the Iraqi people. We have been working together for I volatile regions to aspire to. Undoubt- I know all my colleagues on both know 12 years since I have been elect- edly, reconstruction in these areas will sides of the aisle were comforted to ed. You have been an elected official fuel economic growth and show what a have the opportunity today to hear for 14 years. I met you when I came prosperous, stable, democratic, and fed- from the Iraqi Prime Minister and to into the Florida House of Representa- eral Iraq would look like.’’ have him answer some of these tough tives. Mr. Speaker, Ms. WASSERMAN Today, Saddam Hussein is in prison questions in regard to their commit- SCHULTZ was the chair of the Edu- awaiting the end of his trial. Zarqawi, ment as well as our commitment. Be- cation Committee when I showed up in the leader of the al Qaeda in Iraq, was cause, as he said, we are a freedom-lov- Florida legislature, and I know that eliminated by United States troops. ing people throughout the world. They she is going to have a bright future Iraqi security forces now number over feel the same about liberty as we do, here in the House of Representatives. 265,000 and are participating in more and their commitment to it is there, But I can tell you what the good than 90 percent of all security oper- and it is strong, and their deep appre- news is. It is that we have the will and ations in the country. Iraqi citizens are ciation. the desire on this side of the aisle to coming forth with tips about insur- Mr. Speaker, I thank the leadership stand up on behalf of the American gents and terrorist activities. More for giving this opportunity to spend people, making sure we raise the min- than 70 percent of Iraqi citizens voted about 30 minutes with our colleagues; imum wage for working families and in a series of free and fair elections. and now we will turn it over to our those that go to work every day, punch Those figures are some that those of us friends on the other side of the aisle for in and punch out, know what it means in this country could be envious of. their time. to have a 15-minute break in the morn- The progress in Iraq has not been f ing and a 15-minute break in the without cost. This past week, a citizen evening. of the Fifth District of Virginia from 30-SOMETHING WORKING GROUP Greene County, a little community of The SPEAKER pro tempore. Under b 2330 Ruckersville, was killed by an IED. He the Speaker’s announced policy of Jan- For those individuals that are work- was Corporal Adam Fargo. He went to uary 4, 2005, the gentleman from Flor- ing the midnight shift, we are with William Monroe High School. He vol- ida (Mr. MEEK) is recognized for the re- those families. We want to make sure

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.188 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5947 that they are making a livable wage, price of college tuition, we are able to a privilege to share a community with and when we raise the minimum wage, do better for our kids and our families you, to share constituents who really that means that those individuals that because the Republican majority said, have been clamoring not just in south are making over the minimum wage, hey, that is fine, we can give ourselves Florida where we live but all across the those that are making $8 or $9 or $10 an raises, but let not us give it to these country. You and I travel the country hour, those individuals in big corporate others folks. talking to Americans in so many America are going to have to look at Let me say this to those other folks, places, and it does not matter. What I what they are paying them, Mr. Speak- the American people. Since 1997 there found and I know you have, too, it does er, if we raise the minimum wage. has not been a Federal increase in the not matter what walk of life they come That is not what is going to happen, minimum wage. Here are the facts, and from. It does not matter whether they and I think as long as the Republican that is why we come to the floor, Mr. are wealthy or middle class or lower in- majority is in place that is not going Speaker, to just give the facts to the come. No one that I have spoken to to happen. Members. says, Debbie, yes, yes, you know, let us If I can, before I yield to my good This is a Congressional Research keep it right the way we are going, you friend and colleague and a true good Service report April 18, 2006. Any Mem- know, just keep going in the same di- friend, Ms. WASSERMAN SCHULTZ, our ber of Congress, Democrat, Republican, rection because everything is great. It districts are right next to each other in Independent, American, that is paying is almost laughable to say that. the State of Florida, we work together, attention to what we are saying right The minimum wage is a perfect thing like I said, Mr. Speaker, for a period of now can go on housedemocrats.gov and to highlight in terms of the example years, of giving the American people get this information. that we need to throw out there to what we have received. 1998, Members of Congress received show where our priorities would be if What we received on this floor and $3,100 in a raise; minimum wage work- we were in control, and we know we are what we call, well, we the opportunity ers, zero. 2000, Members of Congress, not, versus where the Republicans’ pri- to give ourselves raises. We do not have $4,600 raise that the Republican major- orities are. We try to use third party to petition the Congress to receive a ity has given Members of Congress; validators so it is not just the raise. The American people want a minimum wage workers, zero. 2001, KENDRICK MEEK, TIM RYAN, BILL raise, those hourly workers that are $3,800 for Members of Congress, pay in- DELAHUNT, DEBBIE WASSERMAN out there. They want a raise, and hope- crease, what we call cost of living, that SCHULTZ show. We want to make sure fully, we can talk a little bit about is a nice way to dress it up; minimum we use legitimate references to dem- that tonight and a number of issues wage workers, zero. Members of Con- onstrate and back up the things we they are facing. gress in 2002, $4,900 increase, just got in say. We are going to talk a little bit 2001 remember a $3,800 raise, $4,900; Many time what we talk about here about Iraq and the realities of Iraq. minimum wage, zero. 2003, $4,700; min- can seem like inside baseball. The ter- Members can come to the floor, God imum wage workers, zero. 2004, $3,400; minology we use can seem a little eso- bless them, and give their opinion or minimum wage workers, zero. 2005, teric so we try to boil it down for folks. their view of what they think is going $4,000, Members just received a $3,400 Let us take the minimum wage. You on in Iraq and in other parts of this raise; minimum wage workers, zero. talked about the minimum wage his- world, but I think it is important for us 2006, $3,100 in the present year; min- torically and what it means in terms of to, just as simple as picking up the imum wage workers, zero. real dollars today. Let us talk about paper or watching the news or talking The Republican leadership has pretty the minimum wage and the fact that it to our constituents, they are saying, much said over our you know what has not been raised in 9 years, what Congressman, Congresswoman, my son body we will not give minimum wage that impact is on the average family in is going off to war on his fourth or fifth workers an increase. Meanwhile, here terms of the difference of what things deployment or my daughter is going to in the House, there are plans that are cost in the last 9 years. off to war on the fourth or fifth deploy- already drawn for Members of Congress So, if you take a look at this chart, ment and you are saying on the major- in 2007, if the American people allow it this is what real economic change ity side, and from the White House, to happen and not evaluate every Mem- under President Bush has been like. stay the course, stay the course. To do ber of Congress, because even if you do While we have not increased the min- what? And where is the plan? not make the minimum wage, you have imum wage since 1997, as you referred But let me just get back to what I to have a conscience about, well, we to a few minutes ago, there are plenty was saying about how we give our- have individuals that are out there. of things that have increased in cost. selves raises here in this House. The Gas prices have gone up. If you make Over on the left-hand part of the Republican majority has made it abun- $8, $12, even $18 an hour, you have to chart, the minimum wage has not in- dantly clear that they do not have the have a conscience about these individ- creased at all, yet whole milk has in- will nor the desire to give the Amer- uals that have to pay the same price creased 24 percent since 1997. Bread, 25 ican people what they have given you have to pay for gas, have to pay percent. A 4-year public college edu- themselves, and the good thing, Mr. the same price you have to pay for cation has increased 77 percent. Health Speaker, about this side and the reason health care. If you are struggling, insurance has increased 97 percent, and why I can speak truth to power and imagine what someone that is making that is if you can even get it because that I can come to this floor with a $5 and pennies have to go through. there are 46 million Americans that do straight face and all of my colleagues, So I think it is important and it is not have health insurance and millions Republican, Democrats and one Inde- very pivotal that we are here at 11:37 of small business employers who have pendent we have in this House, I can eastern standard time after other dropped their insurance coverage for boldly say here on the floor of the U.S. Members of Congress have gone back to their employees because it has reached House of Representatives that veterans their homes, either resting with their the point of unaffordability, with up- have fought for us to salute one flag. families, in their office working, what wards of 15 percent increases every sin- Those individuals that are in Arlington have you, we are here on the floor car- gle year. Cemetery right now, that all we have is rying the water on behalf of the Amer- Let us look at the price of regular their memory and their commitment ican people. gas. It has gone up, while the minimum to this country, that if we have the au- Ms. WASSERMAN SCHULTZ. That is wage has not, 136 percent. And so what dacity to give ourselves raises, Repub- absolutely right, and we are here be- does that mean? Sometimes people lican majority leading the effort to cause it is imperative that we move cannot get their mind around percent- give raises to Members of Congress and this country in a new direction. Ameri- ages and what those mean. vote ‘‘no’’ to allow individuals that are cans are begging us to take us off the So let us take a look at what Ameri- working for $5 and pennies every day, course we are on now. cans are paying for in terms of gas punching in and punching out, with all It is such a privilege to be here with prices. The Americans now are paying of the gas prices, all of the issues of the you. We have been good friends for 100 percent more for gas than when price of milk, the price of bread, the more than a dozen years now. It is just President Bush first took office, and he

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.190 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5948 CONGRESSIONAL RECORD — HOUSE July 26, 2006 has the nerve to stand in this chamber We, as Democrats, have the priorities Ms. WASSERMAN SCHULTZ’s children and to give speeches across this coun- of the American people straight. We have names that end with Wasserman try talking about how he thinks that understand that we need to move the Schultz. They will get into the schools America is addicted to foreign oil and country in a new direction, Mr. Speak- they need to get into. They will get the we need to get a handle on how we are er. We need to make sure that we ex- access they need for education. Doors going to expand alternative energy re- pand access to health care. We want to will open for them that would not open sources. Really? With what funding? make sure that we actually invest in for other children in our districts. Where is the initiative? Where is the alternative energy resources so that we My children’s last names end with proposal? Where is the legislation? Be- can truly, within 10 years, become Meek, and they will be treated dif- cause all of it just gets rubber stamped independent of foreign oil resources ferently than other children, need it be here. When we propose any of those and invest in the Midwest instead of in Johnson or Hermanowski, or what have things as a solution as a Democrats, the Middle East. you. They will be treated differently what do Republicans do? They vote We want to make sure that we can than them. ‘‘no.’’ No, no, Mr. President; yes, Mr. get a handle on this deficit. You and I So this is not about our children. President. Just the bobblehead Repub- have young children, and right now, if This is about the folks that elected us licans do whatever is asked of them, we stay the course and continue in the to come here to this U.S. House of Rep- and it is certainly not to expand the direction that this President and this resentatives to represent them. This is opportunity to invest in the Midwest in Republican leadership has taken us in, about making sure that they have a terms of our energy resources versus our children and our children’s chil- fair chance at life, just like our chil- the Mideast. dren will be saddled with the deficit dren. So, if you look at the price of a gal- and the Nation’s debt that this Presi- Members of Congress, a number of lon of gas, when President Bush began dent has mired us in, all by himself, them in the House and Senate, our his term, January 20, 2001, the average and by his Republican rubber stamp children are going to be okay. They are price of a gallon of gas was $1.45 and colleagues that we work in this cham- going to be okay because their last today, it is $3.01. ber with. names end with the names of Members Now, what I attribute that to, and of Congress. But what about those indi- what I attribute the seeming indiffer- If something is not done, our chil- dren, I fear for the world that they viduals that woke up early one Tues- ence on the part of the Republicans and day morning to vote for representa- their leadership here towards this prob- grow up in, not just in terms of foreign tion? What about those individuals lem, it has got to be because there is policy but in terms of domestic policy. that walk in here as employees into no other explanation that they are not b 2345 this Capitol, Ms. WASSERMAN SCHULTZ, filling their own gas tank. It has really What is going to happen to our kids to serve the American people? Will got to be that they are not the ones when they grow up in a world where we they get the same access that we have? that are actually putting the gas in are underfunding education, where Will they have the same access that their car themselves because, if they they do not have access to health in- Members of Congress have as it relates were, they would realize that now, in- surance, where gas prices are so out of to health care? Will someone open the stead of pennies, remember when we control and there is no mass transit for were younger and our parents would doors for them? them to use as an alternative so that I will answer that question. No. And fill the gas tank and the fastest num- they can get to work? What are they I am not saying every person should be ber that scrolled on the gas tank itself going to do in a world where the deficit treated the same as Members of Con- was a penny? Well, now, it is dimes be- is continuing to skyrocket and we are gress. But the way things are going cause that is how much prices have in- going further and further in debt to now, if you are a Republican, a Demo- creased in terms of gas. other countries? What are they going The only thing I can think of, Mr. crat, an Independent, and you are Speaker, that I can attribute the indif- to do? thinking of voting in the next election, Hopefully, we are going to be able to ference of Republicans towards the en- you have to be concerned. ergy crisis and the gas prices that get this country back on track after Mr. Speaker, there are prominent Re- Americans are facing is that they have the November elections. publicans that are referring to their not filled their cars with gas since gas I yield to my friend. colleagues as ‘‘they.’’ The former pumps looked like this. Mr. MEEK of Florida. Well, Ms. Speaker of this House is referring to This is a gas pump or at least an ex- WASSERMAN SCHULTZ, I talk to my con- his Republican colleagues in Congress ample of a gas pump and what one stituents, and I talk to the American as ‘‘they,’’ because he doesn’t want to looked like in the 1950s, and perhaps it people that are walking through the be associated with them. I will tell you is just that it was so long ago that they halls of Congress. You know, this is the why, Mr. Speaker. And I am going to filled their gas tanks themselves. I am summertime, Mr. Speaker, and, as you break out this chart again. And you not sure who is filling their gas tanks. know, we have a number of visitors know something, I can break this chart Maybe they all have drivers. They real- that visit the Capitol of the United out every 5 minutes of the day, every 5 ly only focus on the needs of the States here. We wear these congres- minutes of the day, because it is so re- wealthy. So perhaps people are driving sional pins. And last night when we left vealing and it takes it home as to ex- them around. That really, for me, is at 12 midnight there were Girl Scouts actly what we are talking about. the only explanation. out front. This is why I am here a few minutes I really fail to understand why they Ms. WASSERMAN SCHULTZ. That is before midnight. That is the reason continue to allow oil companies the right. why I think it is important we con- ability to not pay royalties to the Fed- Mr. MEEK of Florida. You are a tinue to share with the American peo- eral Government in exchange for uti- Brownie Troop leader, or a Girl Scout ple what is going on, and with Members lizing our oil reserves, the ability and leader. of Congress. I have my colleagues on the right to drill into the ocean floor Ms. WASSERMAN SCHULTZ. No, I the Republican side of the aisle that and draw up oil that is on land owned am a Brownie Troop leader. say, Congressman, that little red, by the Federal Government. They are Mr. MEEK of Florida. I used to be a white, and blue chart you break out supposed to pay subsidies and royal- Boy Scout Troop leader in Scott Homes every day, aren’t you tired of it? And ties. We have passed legislation on at some years back in Miami. But those my answer is, no. It is the hard reality least two occasions since I have been little girls were at the foot of the steps of what is going on in the republic, as here, and I am only a freshman, that taking pictures of the front of this Cap- we stand now as a country. have essentially forgiven those royal- itol of the United States, the Capitol of We have other countries that are ties and given mutli-millions of dollars our great country. And, Ms. looking at us in a different way. And, back to the oil companies and into the WASSERMAN SCHULTZ, I have children, Ms. WASSERMAN SCHULTZ, everyone pockets of the CEOs and the wealthiest you have children, but this is really looks at the United States of America, few people. It is absolutely not about our children, because they and just because the Republican major- mindboggling to me. are going to be okay, Mr. Speaker. ity says that everything is fine doesn’t

VerDate Aug 31 2005 05:58 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.191 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5949 necessarily mean that it is. Because here are completely out of step with Ms. WASSERMAN SCHULTZ. We had here are the hard facts. the priorities of the American people. over a thousand. The hard facts are these, Mr. Speak- So, instead, what the Republicans here Mr. MEEK of Florida. A thousand. er. President Bush and the Republican have attempted to do is to shift the Okay. I am glad you corrected me, be- majority has borrowed $1.05 trillion, focus and attention away from what is cause we want to make sure we give $1.05 trillion, from foreign nations. His- really going on and engaging in the facts, not fiction. toric. And my next chart tells you who politics of distraction. I think it is important, Mr. Speaker, we are borrowing it from, and they are Now this that I have in my hand is that we make an important note here, owning a part of the American apple about to become a scarcity. It is a so- and I am asking the Members and the pie not because they had to pay $56 to cial studies textbook, an American his- American people, Mr. Speaker, to vote fill up their F–10 pickup truck, not be- tory textbook, which, Mr. Speaker, I principle over politics. You have to cause of their indiscretions, but be- would argue that in our high schools vote principle over politics. cause of the indiscretions of the Repub- will soon be obsolete. We won’t have Ms. WASSERMAN SCHULTZ. Mr. lican majority. any reason to use these any more, par- MEEK, from what I have seen here, that We have 224 years of history in this ticularly the section on how a bill be- is impossible for these people. country, with 42 presidents before this comes a law. Because last week we ac- Mr. MEEK of Florida. I just want to President, and they were only able to tually brought a bill to the floor that make a point here, Ms. WASSERMAN borrow $1.01 trillion. Those are the was defeated in the Judiciary Com- SCHULTZ. This is to the Members, to facts. That is from the U.S. Depart- mittee, a bill that related to court place on their conscience what the ment of the Treasury. It is not the stripping, stripping the courts of the American people may very well think. Kendrick Meek report or the Debbie right to review cases related to the Let’s say I am a dyed-in-the-wool Wasserman Schultz report or the 30- Pledge of Allegiance and whether under Democrat, and I am a voter, and I am something report because we think it God was constitutional or not. paying more for gas. There is a war works towards our position and not Now that question can be debated all going on that my leaders are telling me leveling with the American people. day, and there are varying degrees of we are going to stay the course, but no I can tell you without looking at this opinions on that subject. But we teach plan, and energy independence and in- chart, Mr. Speaker, I can tell you ex- our children in public schools the con- novation is not a priority. actly what is on it because I have read cept of how a bill becomes a law, as If we were in the majority, let’s just it so many times to so many groups created by our Founding Fathers, this say for instance that we are in the ma- and here on this floor. system of checks and balances and the jority and this is not happening. Let’s Who are we borrowing it from? Who separation of powers. And because the say I am a veteran, and I have to wait is owning a piece of the American apple Republicans are moving this country in in rural America for the clinic that is pie? Japan, at $682 billion; China, at the wrong direction and don’t share the only open 3 days a month, then I have $249.8 billion; the U.K., at $223.2 billion; priorities of the American people, they to think about the principle over poli- the Caribbean, at $115.3 billion; Tai- have had to deflect attention away tics. Maybe I am going to vote for the wan, at $71.3 billion; and the OPEC na- from what is really going on here and other person this time because my fam- tions, that I can go on and talk about focus on things like the Pledge of Alle- ily is suffering. Maybe my kids are not these countries that we have issues giance, gay marriage, and flag burning. getting what they need as it relates to with, Iran, Syria, oil-producing Middle Today in Judiciary we literally education. Maybe that is not in line spent, Mr. MEEK, 61⁄2 hours on one bill Eastern countries that we are bor- with the principle of what we are talk- and one amendment related to the sep- rowing money from that we have issues ing about here. aration of church and state. Now, Mr. with. They own a piece of the Amer- So I think it is important, Ms. MEEK, when you go home, do your con- ican pie at $67.8 billion; Germany, $65.7 WASSERMAN SCHULTZ, as you point this stituents, does the father of four who billion; Korea, $66.5 billion; Canada, out, that Members of Congress and the leaves for work in the morning, when $53.8 billion. American people will have to think you see him on the street, does he stop These are the countries that are buy- this time. I told you I have given up on you and say, KENDRICK, I really want ing our debt. And it is not because of the Republican majority. They have you to go to the Congress and focus on what the American people have done had all the time in the world to do the Pledge of Allegiance? Or do you but what the Republican majority has what they have to do. think it is more likely, and in your ex- allowed to happen. They have rubber- Look at what we are paying on the perience, do they tell you, you know, I stamped everything the President of debt because of the irresponsible spend- just wasn’t sure how I was going to fill the United States has sent to this ing of the Republican majority and giv- my gas tank today? ing tax cuts to billionaires and million- floor. And that is not what article one, Or how about the parents of kids who section one of the U.S. Constitution are fighting over in Iraq? Do you think aires. Look at the debt we are paying calls for. they are really worried about whether because we have borrowed all that debt We use the Constitution as guiding we amend the Constitution to ban gay from foreign countries. Look what we principles on behalf of this country. I marriage? Is that at the top of those are doing on education. Look how far am not here on behalf of the House parents’ list, or is it more likely that down it is for every teacher, for every Democrats. I am here on behalf of the at the top of their list that their baby mother or grandmother or grandfather, American people, and Ms. WASSERMAN comes home to them? what have you, who wants to see their SCHULTZ is here on behalf of the Amer- What is going on here? generation of children and grand- ican people. There is a reason why Mr. MEEK of Florida. Will the gen- children have a better opportunity prominent Republicans are saying that tlewoman yield? than what they have had. they are totally lost at what the Re- Ms. WASSERMAN SCHULTZ. Abso- Look at what the Federal Govern- publican majority has done, Mr. Speak- lutely, I would be happy to yield. ment is investing in their education. er, and that is that fact that that the Mr. MEEK of Florida. I think what is Look at what is happening in homeland American spirit will rise up out of par- important here, at least when I go to security. Republican Members of Con- tisan politics. speak to the American people, and even gress on the majority side can burn all Ms. WASSERMAN SCHULTZ. Will in my own district, and as you know we kind of jet fuel, at taxpayers’ expense, the gentleman yield? travel. We defeated the privatization of flying down to the border talking Mr. MEEK of Florida. I will defi- Social Security, to allow individuals about how we are going to get tough on nitely yield, Ms. WASSERMAN SCHULTZ. on Wall Street that were looking for- immigration. But look at what they Ms. WASSERMAN SCHULTZ. Thank ward to receiving over $500 billion are doing for homeland security and you. Because with everything that we under the President’s plan to privatize look at veterans. have laid out here over the last 20 or so Social Security. We had over 500 town Hello! We are saluting one flag, and I minutes, what is clear is that we are hall meetings throughout this country. talked about this earlier, those that moving in the wrong direction. The pri- You had town hall meetings in your have made the ultimate sacrifice, those orities of the Republican leadership district. that are away from their families.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.192 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5950 CONGRESSIONAL RECORD — HOUSE July 26, 2006 Look at what the Republican majority Mr. GEORGE MILLER of California, for BILLS PRESENTED TO THE is investing in their future and what 5 minutes, today. PRESIDENT they have promised in terms of pro- Mr. BROWN of Ohio, for 5 minutes, Karen L. Haas, Clerk of the House re- viding health care and other benefits. today. ports that on July 26, 2006, she pre- Look at what they are investing versus Ms. WOOLSEY, for 5 minutes, today. sented to the President of the United what we are paying on the debt. Mr. WEINER, for 5 minutes, today. States, for his approval, the following So just because, Ms. WASSERMAN Mr. MCDERMOTT, for 5 minutes, bills. SCHULTZ, as I yield back to you before today. H.R. 9. To amend the Voting Rights Act of we close, just because they say it (The following Members (at the re- 1965. doesn’t necessarily mean it is true. quest of Ms. ROS-LEHTINEN) to revise H.R. 2977. To designate the facility of the Ms. WASSERMAN SCHULTZ. Four and extend their remarks and include United States Postal Service located at 306 months, Mr. MEEK. Less than 4 months. extraneous material:) 2nd Avenue in Brockway, Montana, as the This may be the last evening that we Mr. FRANKS of Arizona, for 5 minutes, ‘‘Paul Kasten Post Office Building’’. spend as the 30-something Working today. H.R. 3440. To designate the facility of the United States Postal Service located at 100 Group until we come back from the Au- Mr. GARRETT of New Jersey, for 5 gust recess. The 30-something Working Avenida RL Rodriguez in Bayamon, Puerto minutes, today. Rico, as the ‘‘Dr. Jose Celso Barbosa Post Of- (The following Member (at his own re- Group has an opportunity each night to fice Building’’. talk about the direction we want to quest) to revise and extend his remarks and H.R. 3934. To designate the facility of the move this country on behalf of Demo- include extraneous material:) United States Postal Service located at 80 crats and the next generation. Mr. BURGESS, for 5 minutes, today. Killian Road in Massapequa, New York, as All of the charts and information f the ‘‘Gerard A. Fiorenza Post Office Build- that we have talked about tonight are ing’’. available on our Web site, SENATE BILL REFERRED H.R. 4101. To designate the facility of the www.housedemocrats.gov/30something. A bill of the Senate of the following United States Postal Service located at 170 East Main Street in Patchogue, New York, We appreciate the privilege that the title was taken from the Speaker’s as the ‘‘Lieutenant Michael P. Murphy Post leader gives us each night to talk table and, under the rule, referred as Office Building’’. about the priorities of the Democratic follows: H.R. 4108. To designate the facility of the caucus and the American people, and it S. 3549. An act to amend the Defense Pro- United States Postal Service located at 3000 is a privilege to be here with you once duction Act of 1950, to strengthen Govern- Homewood Avenue in Baltimore, Maryland, again. ment review and oversight of foreign invest- as the ‘‘State Senator Verda Welcome and Mr. MEEK of Florida. Thank you, ment in the United States, to provide for en- Dr. Henry Welcome Post Office Building’’. hanced Congressional oversight with respect H.R. 4456. To designate the facility of the Ms. WASSERMAN SCHULTZ. It was good United States Postal Service located at 2404 coming back to the floor with you. thereto, and for other purposes to the Com- mittee on Financial Services in addition to Race Street in Jonesboro, Arkansas, as the As you know, in the 30-something the Committee on International Relations ‘‘Hattie W. Caraway Station’’. Working Group, we not only come to and the Committee on Energy and Commerce H.R. 4472. An act to protect children from the floor but we meet every week. We for a period to be subsequently determined sexual exploitation and violent crime, to have staff evaluate things for factual by the Speaker, in each case for consider- prevent child abuse and child pornography, purposes, and I am glad that we are ation of such provisions as fall within the ju- to promote Internet safety, and to honor the coming to level with the American peo- risdiction of the committee concerned. memory of Adam Walsh and other child crime victims. ple about what is going on. f H.R. 4561. To designate the facility of the Mr. Speaker, before closing out, we ENROLLED BILLS SIGNED United States Postal Service located at 8624 would like to honor Tim Frieman, who Ferguson Road in Dallas, Texas, as the has worked here in the Democratic Mrs. Haas, Clerk of the House, re- ‘‘Francisco ‘Pancho’ Medrano Pt Office cloakroom for 30 years. We appreciate ported and found truly enrolled bills of Building’’. his contributions and all that he has the House of the following titles, which H.R. 4688. To designate the facility of the done. We had a great reception, Mem- were thereupon signed by the Speaker: United States Postal Service located at 1 bers, bipartisan, went down here in the Boyden Street in Badin, North Carolina, as H.R. 9. An act to amend the Voting Rights the ‘‘Mayor John Thompson ‘Tom’ Garrison Capitol and honored him. We appre- Act of 1965. Memorial Post Office’’. ciate him and his family for their con- H.J. Res. 86. Joint resolution approving the H.R. 4786. To designate the facility of the tributions. renewal of import restrictions contained in United States Postal Service located at 535 the Burmese Freedom and Democracy Act of f Wood Street in Bethlehem, Pennsylvania, as 2003, and for other purposes. the ‘‘H. Gordon Payrow Post Office Build- LEAVE OF ABSENCE H.R. 4019. An act to amend title 4 of the ing’’. By unanimous consent, leave of ab- United States Code to clarify the treatment H.R. 4995. To designate the facility of the of self-employment for purposes of the limi- sence was granted to: United States Postal Service located at 7 Co- tation on State taxation of retirement in- lumbus Avenue in Tuckahoe, New York, as Mrs. CAPITO (at the request of Mr. come. the ‘‘Ronald Bucca Post Office’’. BOEHNER) for today from 3:00 to 8:00 H.R. 4472. An act to protect children from H.R. 5245. To designate the facility of the p.m. on account of business in the dis- sexual exploitation and violent crime, to United States Postal Service located at 1 trict. prevent child abuse and child pornography, Marble Street in Fair Haven, Vermont, as Mrs. JO ANN DAVIS of Virginia (at the to promote Internet safety, and to honor the the ‘‘Matthew Lyon Post Office Building.’’ memory of Adam Walsh and other child request of Mr. BOEHNER) for today on f account of personal reasons. crime victims. H.R. 5865. An act to amend section 1113 of ADJOURNMENT f the Social Security Act to temporarily in- Mr. MEEK of Florida. Mr. Speaker, I SPECIAL ORDERS GRANTED crease funding for the program of temporary assistance for United States citizens re- move that the House do now adjourn. By unanimous consent, permission to turned from foreign countries, and for other The motion was agreed to; accord- address the House, following the legis- purposes. ingly (at midnight), the House ad- lative program and any special orders f journed until today, Thursday, July 27, heretofore entered, was granted to: 2006, at 10 a.m. (The following Members (at the re- SENATE ENROLLED BILL SIGNED f quest of Ms. WOOLSEY) to revise and ex- The SPEAKER announced his signa- tend their remarks and include extra- EXECUTIVE COMMUNICATIONS, ture to an enrolled bill of the Senate of ETC. neous material:) the following title: Under clause 8 of rule XII, executive Mr. EMANUEL, for 5 minutes, today. S. 1496. An act to direct the Secretary of Ms. WATERS, for 5 minutes, today. the Interior to conduct a pilot program communications were taken from the Mrs. MCCARTHY, for 5 minutes, today. under which up to 15 States may issue elec- Speaker’s table and referred as follows: Mr. DEFAZIO, for 5 minutes, today. tronic Federal migratory bird hunting 8777. A letter from the Director, Defense Mr. PALLONE, for 5 minutes, today. stamps. Security Cooperation Agency, transmitting

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.194 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5951 pursuant to the reporting requirements of Vermont; and Keeseville and Morrisonville, 204(c) of the International Emergency Eco- Section 36(b)(1) of the Arms Export Control New York) [MB Docket No. 05-162; RM-11227; nomic Powers Act, 50 U.S.C. 1703(c), and pur- Act, as amended, Transmittal No. 06-26, con- RM-11295] received July 10, 2006, pursuant to suant to Executive Order 13313 of July 31, cerning the Department of the Army’s pro- 5 U.S.C. 801(a)(1)(A); to the Committee on 2003, a six-month periodic report on the na- posed Letter(s) of Offer and Acceptance to Energy and Commerce. tional emergency with respect to terrorists Saudi Arabia for defense articles and serv- 8786. A letter from the Legal Advisor to the who threaten to disrupt the Middle East ices, pursuant to 22 U.S.C. 2776(b); to the Bureau Chief, Media Bureau, Federal Com- peace process that was declared in Executive Committee on Armed Services. munications Commission, transmitting the Order 12947 of January 23, 1995; to the Com- 8778. A letter from the Director, Defense Commission’s final rule — Amendment of mittee on International Relations. Security Cooperation Agency, transmitting Section 73.202(b), Table of Allotments, FM 8795. A letter from the General Counsel, pursuant to the reporting requirements of Broadcast Stations. (Alturas, California) Department of Housing and Urban Develop- Section 36(b)(1) of the Arms Export Control [MB Docket No. 05-123; RM-11191] received ment, transmitting a report pursuant to the Act, as amended, Transmittal No. 06-36, con- July 10, 2006, pursuant to 5 U.S.C. Federal Vacancies Reform Act of 1998; to the cerning the Department of the Army’s pro- 801(a)(1)(A); to the Committee on Energy and Committee on Government Reform. posed Letter(s) of Offer and Acceptance to Commerce. 8796. A letter from the General Counsel, Saudi Arabia for defense articles and serv- 8787. A letter from the Legal Advisor to the Department of Housing and Urban Develop- ices, pursuant to 22 U.S.C. 2776(b); to the Bureau Chief, Media Bureau, Federal Com- ment, transmitting a report pursuant to the Committee on Armed Services. munications Commission, transmitting the Federal Vacancies Reform Act of 1998; to the 8779. A letter from the Under Secreary for Commission’s final rule — Amendment of Committee on Government Reform. Personnel and Readiness, Department of De- Section 73.202(b), Table of Allotments, FM 8797. A letter from the General Counsel, fense, transmitting authorization of Rear Broadcast Stations. (Weaverville, Palo Department of Housing and Urban Develop- Admiral (lower half) David J. Dorsett to Cedro, and Alturas, California) [MB Docket ment, transmitting a report pursuant to the wear the insignia of the grade of rear admi- No. 05-125; RM-11176] received July 10, 2006, Federal Vacancies Reform Act of 1998; to the ral in accordance with title 10, United States pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. 8798. A letter from the Attorney Advisor, Code, section 777; to the Committee on mittee on Energy and Commerce. Department of Transportation, transmitting Armed Services. 8788. A letter from the Legal Advisor to the 8780. A letter from the Under Secretary for Bureau Chief, Media Bureau, Federal Com- a report pursuant to the Federal Vacancies Personnel and Readiness, Department of De- munications Commission, transmitting the Reform Act of 1998; to the Committee on fense, transmitting authorization of the en- Commission’s final rule — Amendment of Government Reform. 8799. A letter from the Office of the Dis- closed list of officers to wear the insignia of Section 73.202(b), FM Table of Allotments, trict of Columbia Auditor, transmitting a re- the grade of rear admiral accordance with FM Broadcast Stations. (Louisburg and port entitled, ‘‘Auditor’s Examination of title 10, United States Code, section 777; to Hillsborough, North Carolina) [MB Docket Contracts for Four Consumers Under the the Committee on Armed Services. No. 04-375; RM-11038] received July 10, 2006, Care of Mental Retardation and Develop- 8781. A letter from the Chief, Policy and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mental Disabilities Administration’’; to the Rules Division, Federal Communications mittee on Energy and Commerce. Committee on Government Reform. Commission, transmitting the Commission’s 8789. A letter from the Legal Advisor to the 8800. A letter from the Office of the Dis- final rule — Amdt. of Pt. 2 of the Commis- Bureau Chief, Media Bureau, Federal Com- trict of Columbia Auditor, transmitting a re- sion’s Rules to Allocate Spectrum Below 3 munications Commission, transmitting the port entitled, ‘‘Letter Report: Certification GHz for Mobile and Fixed Services to Sup- Commission’s final rule — Amendment of of the Sufficiency of the Washington Conven- port the Intro. of New Adv. Wireless Serv- Section 73.202(b), Table of Allotments, FM tion Center Authority’s Projected Revenues ices, Including Third Generation Wireless Broadcast Stations. (Wilburton, Okemah, and Excess Reserve to Meet Projected Oper- Systems [ET Docket No. 00-258]; Amdts. to and McAlester, Oklahoma) [MB Docket No. ating and Debt Service Expenditures and Re- Pts. 1, 2, 27 and 90 of the Commission’s Rules 05-166; RM-11228] received July 10, 2006, pur- serve Requirements for Fiscal Year 2007’’; to to License Services in the 216-220 MHz, 1390- suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Government Reform. 1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432- mittee on Energy and Commerce. 8801. A letter from the Office of the Dis- 1435 MHz, 1670-1675 MHz, and 2385-2390 MHz 8790. A letter from the Director, Defense trict of Columbia Auditor, transmitting a re- Government Transfer Bands [WT Docket No. Security Cooperation Agency, transmitting port entitled, ‘‘Auditor’s Examination of 02-8] received July 10, 2006, pursuant to 5 pursuant to the reporting requirements of Parking Meter Contract Administration and U.S.C. 801(a)(1)(A); to the Committee on En- Section 36(b)(1) of the Arms Export Control Financial Management’’; to the Committee ergy and Commerce. Act, as amended, Transmittal No. 06-25, con- on Government Reform. 8782. A letter from the Legal Advisor to the cerning the Department of the Army’s pro- 8802. A letter from the Assistant Adminis- Bureau Chief, Media Bureau, Federal Com- posed Letter(s) of Offer and Acceptance to trator, Bureau for Legislative and Public Af- munications Commission, transmitting the Saudi Arabia for defense articles and serv- fairs, United States Agency for International Commission’s final rule — Amendment of ices; to the Committee on International Re- Development, transmitting the Agency’s re- Section 73.202(b), Table of Allotments, FM lations. port on the amount of acquisitions made Broadcast Stations. (Arnold and City of An- 8791. A letter from the Deputy Director, from entities that manufacture the articles, gels, California) [MB Docket No. 05-316; RM- Defense Security Cooperation Agency, trans- materials, or supplies outside the United 11294] received July 10, 2006, pursuant to 5 mitting pursuant to the reporting require- States in Fiscal Year 2005; to the Committee U.S.C. 801(a)(1)(A); to the Committee on En- ments of Section 36(b)(1) of the Arms Export on Government Reform. ergy and Commerce. Control Act, as amended, Transmittal No. 06- 8803. A letter from the Librarian of Con- 8783. A letter from the Legal Advisor to the 24, concerning the Department of the Army’s gress, Library of Congress, transmitting the Bureau Chief, Media Bureau, Federal Com- proposed Letter(s) of Offer and Acceptance to Annual Report of the Library of Congress, munications Commission, transmitting the Bahrain for defense articles and services; to for the fiscal year ending September 30, 2005, Commission’s final rule — Amendment of the Committee on International Relations. pursuant to 2 U.S.C. 139; to the Committee Section 73.202(b) Table of Allotments, FM 8792. A letter from the Assistant Secretary on House Administration. Broadcast Stations. (Allegan, Otsego and for Legislative Affairs, Department of State, 8804. A letter from the Acting Director, Of- Mattawan, Michigan) [MB Docket No. 05-269; transmitting pursuant to Section 620C(c) of fice of Sustainable Fisheries, NMFS, Na- RM-11267] received July 10, 2006, pursuant to the Foreign Assistance Act of 1961, as tional Oceanic and Atmospheric Administra- 5 U.S.C. 801(a)(1)(A); to the Committee on amended, and in accordance with section tion, transmitting the Administration’s final Energy and Commerce. 1(a)(6) of Executive Order 13313, a report pre- rule — Fisheries Off West Coast States; Pa- 8784. A letter from the Legal Advisor to the pared by the Department of State and the cific Coast Groundfish Fishery; Specifica- Bureau Chief, Media Bureau, Federal Com- National Security Council on the progress tions and Management Measures; Inseason munications Commission, transmitting the toward a negotiated solution of the Cyprus Adjustments [Docket No. 051014263-6028-03; Commission’s final rule — Amendment of question covering the period April 1, 2006 I.D. 062706B] received July 17, 2006, pursuant Section 73.202(b), Table of Allotments, FM through May 31, 2006; to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Broadcast Stations. (Churchville and Kes- International Relations. Resources. wick, Virginia and Marlington, West Vir- 8793. A letter from the Assistant Secretary 8805. A letter from the Acting Director, Of- ginia) [MB Docket No. 05-292; RM-11281] re- for Legislative Affairs, Department of State, fice of Sustainable Fisheries, NMFS, Na- ceived July 10, 2006, pursuant to 5 U.S.C. transmitting pursuant to section 36(d) of the tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Energy and Arms Export Control Act, certification re- tion, transmitting the Administration’s final Commerce. garding the proposed retransfer of defense rule — International Fisheries; Pacific Tuna 8785. A letter from the Legal Advisor to the articles or services to the Government of Fisheries; Restrictions for 2006 Longline Bureau Chief, Media Bureau, Federal Com- Gabon (Transmittal No. DDTC 022-06); to the Fisheries in the Eastern Tropical Pacific munications Commission, transmitting the Committee on International Relations. Ocean; Fishery Closure [Docket No. Commission’s final rule — Amendment of 8794. A letter from the Secretary, Depart- 050719189-5286-03; I.D. 062706A] (RIN: 0648- Section 73.202(b), Table of Allotments, FM ment of the Treasury, transmitting as re- AT33) received July 13, 2006, pursuant to 5 Broadcast Stations. (Enfield, New Hamp- quired by section 401(c) of the National U.S.C. 801(a)(1)(A); to the Committee on Re- shire; Hartford and White River Junction, Emergency Act, 50 U.S.C. 1641(c), and section sources.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JY7.000 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5952 CONGRESSIONAL RECORD — HOUSE July 26, 2006 8806. A letter from the Assistant Adminis- tional Oceanic and Atmospheric Administra- Mr. THOMAS. Committee on Ways and trator, National Oceanic and Atmospheric tion, transmitting the Administration’s final Means. H.R. 4157. A bill to amend the Social Administration, transmitting the Adminis- rule — Fisheries of the Exclusive Economic Security Act to encourage the dissemina- tration’s final rule — Endangered and Zone Off Alaska; Pacific Ocean Perch in the tion, security, confidentiality, and useful- Threatened Species: Final Listing Deter- Central Aleutian Islands Management Area ness of health information technology; with minations for Elkhorn Coral and Staghorn [Docket No. 060216045-6045-01; I.D. 070706B] re- an amendment (Rept. 109–601, Pt. 2). Referred Coral [Docket No. 050304058-6116-03; I.D. No. ceived July 24, 2006, pursuant to 5 U.S.C. to the Committee of the Whole House on the 060204C] (RIN: 0648-XB29) received June 8, 801(a)(1)(A); to the Committee on Resources. State of the Union. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8815. A letter from the Acting Director, Of- Mr. BISHOP of Utah: Committee on Rules. Committee on Resources. fice of Sustainable Fisheries, NMFS, Na- House Resolution 951. Resolution waiving a 8807. A letter from the Assistant Adminis- tional Oceanic and Atmospheric Administra- requirement of clause 6(a) of rule XIII with trator, NMFS, National Oceanic and Atmos- tion, transmitting the Administration’s final respect to consideration of certain resolu- pheric Administration, transmitting the Ad- rule — Fisheries of the Exclusive Economic tions reported from the Committee on Rules ministration’s final rule — Atlantic Highly Zone Off Alaska; Pacific Ocean Perch in the (Rept. 109–602). Referred to the House Cal- Migratory Species; Atlantic Bluefin Tuna West Yakutat District of the Gulf of Alaska endar. Quota Specifications and Effort Controls [Docket No. 060216044-6044-01; I.D. 071106B] re- Mr. LINCOLN DIAZ-BALART of Florida: [Docket No. 060216041-6137-02; I.D. 020206C] ceived July 24, 2006, pursuant to 5 U.S.C. Committee on Rules. House Resolution 952. (RIN: 0648-AT72) received June 8, 2006, pursu- 801(a)(1)(A); to the Committee on Resources. Resolution providing for consideration of the ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8816. A letter from the Acting Director, Of- bill (H.R. 4157) to amend the Social Security on Resources. fice of Sustainable Fisheries, NMFS, Na- Act to encourage the dissemination, secu- 8808. A letter from the Acting Deputy Asst. tional Oceanic and Atmospheric Administra- rity, confidentiality, and usefulness of Administrator for Regulatory Programs, tion, transmitting the Administration’s final health information technology (Rept. 109– NMFS, National Oceanic and Atmospheric rule — Fisheries of the Exclusive Economic 603). Referred to the House Calendar. Administration, transmitting the Adminis- Zone Off Alaska; Pacific Ocean Perch in the tration’s final rule — Fisheries of the Exclu- f Central Regulatory Area of the Gulf of Alas- sive Economic Zone Off Alaska; Record- ka [Docket No. 060216044-6044-01; I.D. 070606A] keeping and Reporting; Tagged Pacific Hal- REPORTED BILL SEQUENTIALLY received July 24, 2006, pursuant to 5 U.S.C. ibut and Tagged Sablefish [Docket No. REFERRED 801(a)(1)(A); to the Committee on Resources. 040610180-6173-03; I.D. 030806A] (RIN: 0648- 8817. A letter from the Acting Director, Of- Under clause 2 of rule XII, bills and AR09) received July 12, 2006, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- reports were delivered to the Clerk for U.S.C. 801(a)(1)(A); to the Committee on Re- printing, and bills referred as follows: sources. tional Oceanic and Atmospheric Administra- 8809. A letter from the Acting Deputy Asst. tion, transmitting the Administration’s final Mr. YOUNG of Alaska: Committee on Administrator for Regulatory Programs, rule — Fisheries of the Exclusive Economic Transportation and Infrastructure. H.R. 5830. NMFS, National Oceanic and Atmospheric Zone Off Alaska; Pacific Ocean Perch in the A bill to amend section 29 of the Inter- Administration, transmitting the Adminis- Eastern Aleutian District of the Bering Sea national Air Transportation Competition tration’s final rule — Fisheries of the Exclu- and Aleutian Islands Management Area Act of 1979 relating to air transportation to sive Economic Zone Off Alaska; Groundfish, [Docket No. 060216045-6045-01; I.D. 070506A] re- and from Love Field, Texas (Rept. 109–600, Crab, Salmon, and Scallop Fisheries of the ceived July 24, 2006, pursuant to 5 U.S.C. Pt. 1); referred to the Committee on the Ju- Bering Sea and Aleutian Islands Manage- 801(a)(1)(A); to the Committee on Resources. diciary for a period ending not later than ment Area and Gulf of Alaska [Docket No. 8818. A letter from the Acting Director, Of- September 15, 2006, for consideration of such 060223050-6162-02; I.D. 013006I] (RIN: 0648-AT09) fice of Sustainable Fisheries, NMFS, Na- provisions of the bill as fall within the juris- received July 12, 2006, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- diction of that committee pursuant to clause 801(a)(1)(A); to the Committee on Resources. tion, transmitting the Administration’s final 1(l), rule X Ordered to be printed. 8810. A letter from the Deputy Assistant rule — Magnuson-Stevens Fishery Conserva- f Administrator for Regulatory Programs, tion and Management Act Provisions; Fish- NMFS, National Oceanic and Atmospheric eries of the Northeastern United States; At- PUBLIC BILLS AND RESOLUTIONS Administration, transmitting the Adminis- lantic Sea Scallop Fishery; Closure of the tration’s final rule — Fisheries Off West Nantucket Lightship Scallop Access Area to Under clause 2 of rule XII, public Coast States; Coastal Pelagic Species Fish- General Category Scallop Vessels [Docket bills and resolutions were introduced eries; Amendment 11 [Docket No. 051028280- No. 060314069-6069-01; I.D. 071106A] received and severally referred, as follows: 6160-02; I.D. 102105A] (RIN: 0648-AT11) re- July 24, 2006, pursuant to 5 U.S.C. By Mrs. JONES of Ohio (for herself and ceived July 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. Mr. ENGLISH of Pennsylvania): 801(a)(1)(A); to the Committee on Resources. 8819. A letter from the Acting Director, Of- H.R. 5889. A bill to amend the Internal Rev- 8811. A letter from the Assistant Adminis- fice of Sustainable Fisheries, NMFS, Na- enue Code of 1986 to exempt from the harbor trator for Fisheries, NMFS, National Oce- tional Oceanic and Atmospheric Administra- maintenance tax certain commercial cargo anic and Atmospheric Administration, trans- tion, transmitting the Administration’s final loaded or unloaded at United States ports in mitting the Administration’s final rule — rule — Fisheries of the Caribbean, Gulf of the Great Lakes Saint Lawrence Seaway Fisheries of the Exclusive Economic Zone Mexico, and South Atlantic; Shrimp Fishery System; to the Committee on Ways and Off Alaska; Allocating Bering Sea and Aleu- of the Gulf of Mexico; Texas Closure [I.D. Means. tian Islands King and Tanner Crab Fishery 070306A] received July 24, 2006, pursuant to 5 By Mr. NUNES (for himself, Mr. Resources [Docket No. 060404093-6177-02; I.D. U.S.C. 801(a)(1)(A); to the Committee on Re- CARDOZA, Mr. SHIMKUS, Mr. COSTA, 033106A] (RIN: 0648-AU24) received July 24, sources. Mr. POMBO, Mr. REHBERG, Mr. LEWIS 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8820. A letter from the Assistant Attorney of Kentucky, Mr. KINGSTON, Mr. Committee on Resources. General, Department of Justice, transmit- 8812. A letter from the Assistant Adminis- ENGLISH of Pennsylvania, Mr. PICK- ting a copy of a report required by Section ERING, Mr. HALL, Mr. BARTON of trator for Fisheries, NMFS, National Oce- 202(a)(1)(C) of Pub. L. 107-273, the ‘‘21st Cen- anic and Atmospheric Administration, trans- Texas, Mr. WHITFIELD, Mr. CUELLAR, tury Department of Justice Appropriations Mr. DAVIS of Tennessee, Mr. ROSS, mitting the Administration’s final rule — Authorization Act,’’ related to certain set- Fisheries of the Exclusive Economic Zone Mr. CRAMER, Mr. BOREN, Mrs. CAPITO, tlements and injunctive relief; to the Com- Mr. MELANCON, Mr. BOOZMAN, Mr. PE- Off Alaska; Bering Sea and Aleutian Islands mittee on the Judiciary. King and Tanner Crab Fishery Resources; TERSON of Minnesota, and Mr. MUR- Crab Economic Data Reports [Docket No. f PHY): H.R. 5890. A bill to establish the American- 060420106-6163-02; I.D. 041706B] (RIN: 0648- REPORTS OF COMMITTEES ON AU44) received July 24, 2006, pursuant to 5 Made Energy Trust Fund, to increase the tax U.S.C. 801(a)(1)(A); to the Committee on Re- PUBLIC BILLS AND RESOLUTIONS credits for cellulosic biomass ethanol, to ex- sources. Under clause 2 of rule XIII, reports of tend tax incentives for solar and fuel cell 8813. A letter from the Acting Director, Of- committees were delivered to the Clerk property, to promote coal-to-liquid fuel ac- tivities, to direct the Secretary of the Inte- fice of Sustainable Fisheries, NMFS, Na- for printing and reference to the proper tional Oceanic and Atmospheric Administra- rior to establish and implement a competi- tion, transmitting the Administration’s final calendar, as follows: tive oil and gas leasing program for the rule — Fisheries of the Exclusive Economic Mr. BARTON of Texas: Committee on En- Coastal Plain of Alaska, and for other pur- Zone Off Alaska; Pacific Ocean Perch in the ergy and Commerce. H.R. 4157. A bill to poses; to the Committee on Ways and Means, Western Regulatory Area of the Gulf of Alas- amend the Social Security Act to encourage and in addition to the Committees on Re- ka [Docket No. 060216044-6044-01; I.D. 071006F] the dissemination, security, confidentiality, sources, Energy and Commerce, and Science, received July 24, 2006, pursuant to 5 U.S.C. and usefulness of health and information for a period to be subsequently determined 801(a)(1)(A); to the Committee on Resources. technology; with amendments (Rept. 109–601, by the Speaker, in each case for consider- 8814. A letter from the Acting Director, Of- Pt. 1). Referred to the Committee of the ation of such provisions as fall within the ju- fice of Sustainable Fisheries, NMFS, Na- Whole House on the State of the Union. risdiction of the committee concerned.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JY7.000 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5953 By Ms. WASSERMAN SCHULTZ (for sistance Act to improve Federal response ef- By Ms. LORETTA SANCHEZ of Cali- herself, Mr. CASTLE, Mr. MELANCON, forts after a terrorist strike or other major fornia: Mr. MCHENRY, Mrs. MCCARTHY, Ms. disaster affecting homeland security, and for H.R. 5910. A bill to amend the Homeland HOOLEY, Mr. ACKERMAN, Mr. ISRAEL, other purposes; to the Committee on Trans- Security Act of 2002 to provide funding for Mr. BISHOP of New York, and Mr. portation and Infrastructure, and in addition emergency planning and management and CROWLEY): to the Committees on Energy and Com- emergency response providers, and for other H.R. 5891. A bill to establish a bipartisan merce, and Education and the Workforce, for purposes; to the Committee on Transpor- commission on insurance reform; to the a period to be subsequently determined by tation and Infrastructure, and in addition to Committee on Financial Services. the Speaker, in each case for consideration the Committees on Energy and Commerce, By Mr. ADERHOLT: of such provisions as fall within the jurisdic- and Homeland Security, for a period to be H.R. 5892. A bill to amend the Internal Rev- tion of the committee concerned. subsequently determined by the Speaker, in enue Code of 1986 to provide special rules for By Mr. MARKEY: each case for consideration of such provi- the exchange or installment sale of certain H.R. 5902. A bill to prohibit the proposed sions as fall within the jurisdiction of the agricultural property; to the Committee on sale to Pakistan of F-16 aircraft and related committee concerned. Ways and Means. defense articles and defense services unless By Mr. SMITH of New Jersey: H.R. 5911. A bill to establish the United By Mr. ANDREWS: Pakistan has halted construction of a cer- States Commission to Monitor Slavery and H.R. 5893. A bill to amend the Intelligence tain plutonium production reactor; to the its Eradication in Sudan; to the Committee Reform and Terrorism Prevention Act of 2004 Committee on International Relations. on International Relations. to require the Secretary of Homeland Secu- By Mr. MARSHALL: rity to provide for National Crime Informa- By Mr. STEARNS (for himself, Mr. H.R. 5903. A bill to direct the Secretary of tion Center criminal history records checks MATHESON, and Mr. MCINTYRE): Education to extend the same level of in- of the employees and prospective employees H.R. 5912. A bill to direct the Federal creased flexibility to all rural local edu- of providers of private security services and Trade Commission to prescribe rules to pro- cational agencies under part A of title I of to require such providers to employ only hibit deceptive conduct in the rating of video the Elementary and Secondary Education those employees whose records checks do not and computer games; to the Committee on Act of 1965; to the Committee on Education show a history of certain offenses; to the Energy and Commerce. Committee on Education and the Workforce, and the Workforce. By Mr. TANCREDO: and in addition to the Committee on the Ju- By Mr. MATHESON (for himself, Mr. H.R. 5913. A bill to amend the Help Amer- diciary, for a period to be subsequently de- OTTER, Mr. SALAZAR, and Mr. UDALL ica Vote Act of 2002 to require an individual termined by the Speaker, in each case for of Colorado): to provide proof that the individual is a cit- consideration of such provisions as fall with- H.R. 5904. A bill to amend the Internal Rev- izen of the United States and to present a in the jurisdiction of the committee con- enue Code of 1986 to allow public school dis- government-issued photo identification as a cerned. tricts to receive no interest loans for the condition of casting a ballot in an election By Ms. HERSETH: purchase of renewable energy systems, and for Federal office, and for other purposes; to H.R. 5894. A bill to amend title 5, United for other purposes; to the Committee on the Committee on House Administration, States Code, to establish certain protections Ways and Means. and in addition to the Committee on Trans- for preference eligibles selected for involun- By Mr. MEEHAN (for himself and Mr. portation and Infrastructure, for a period to tary geographic reassignment; to the Com- SHAYS): be subsequently determined by the Speaker, mittee on Government Reform. H.R. 5905. A bill to amend the Internal Rev- in each case for consideration of such provi- By Mr. HINCHEY (for himself, Mr. enue Code of 1986 to reform the system of sions as fall within the jurisdiction of the LARSON of Connecticut, Mr. OBER- public financing for Presidential elections, committee concerned. STAR, Mr. SERRANO, Mr. MORAN of and for other purposes; to the Committee on By Mr. WU: Virginia, Mr. SNYDER, Mr. WELDON of House Administration, and in addition to the H.R. 5914. A bill to amend the Elementary Pennsylvania, and Mr. CASTLE): Committee on Ways and Means, for a period and Secondary Education Act of 1965 to re- H.R. 5895. A bill to amend the National to be subsequently determined by the Speak- duce class size through the use of fully quali- Trails System Act to designate the Wash- er, in each case for consideration of such pro- fied teachers, and for other purposes; to the ington-Rochambeau Revolutionary Route visions as fall within the jurisdiction of the Committee on Education and the Workforce. National Historic Trail; to the Committee on committee concerned. By Mr. SHADEGG: Resources. By Mr. RAMSTAD (for himself, Ms. H. Con. Res. 454. Concurrent resolution By Mr. HINOJOSA: ESHOO, and Mr. KENNEDY of Min- providing for an adjournment or recess of the H.R. 5896. A bill to authorize appropria- nesota): two Houses. tions for the Housing Assistance Council; to H.R. 5906. A bill to establish a Consortium By Mr. POMBO: H. Con. Res. 456. Concurrent resolution the Committee on Financial Services. on the Impact of Technology in Aging Health providing for a correction to the enrollment By Ms. HOOLEY: Services; to the Committee on Energy and of the bill, S. 203; considered and agreed to. H.R. 5897. A bill to extend the period dur- Commerce. ing which members of the Armed Forces de- By Mr. HYDE: By Mr. RAMSTAD: H. Res. 949. A resolution commending the ployed in contingency operations may re- H.R. 5907. A bill to amend title XVIII of the quest and receive reimbursement for helmet people and Government of Romania, on the Social Security Act to reduce cost-sharing occasion of the visit of Romanian President pads, which are designed to better protect under part D of such title for certain non-in- the wearer from bomb blasts than military- Traian Basescu to the United States, for the stitutionalized full-benefit dual eligible indi- strong relationship between Romania and issued pads, that are purchased by or for the viduals; to the Committee on Energy and use of such members; to the Committee on the United States; to the Committee on Commerce, and in addition to the Committee International Relations. Armed Services. on Ways and Means, for a period to be subse- By Mr. KOLBE (for himself and Mr. By Mr. KUCINICH (for himself, Mr. quently determined by the Speaker, in each MCGOVERN, Mr. STARK, Ms. NORTON, GRIJALVA): case for consideration of such provisions as H.R. 5898. A bill to expand the boundary of Ms. WOOLSEY, Ms. BALDWIN, Mr. CON- fall within the jurisdiction of the committee Saguaro National Park, to study additional YERS, Ms. LEE, Ms. MOORE of Wis- concerned. land for potential inclusion or removal from consin, Mr. HINCHEY, and Mr. MORAN By Mr. ROGERS of Michigan (for him- the boundary of the park, and for other pur- of Virginia): self and Mr. EHLERS): poses; to the Committee on Resources. H. Res. 950. A resolution calling for the By Mr. LARSEN of Washington: H.R. 5908. A bill to amend title 49, United abolition of all nuclear weapons; to the Com- H.R. 5899. A bill to provide additional flood States Code, to permit certain revenues of mittee on International Relations. control storage at the Upper and Lower private vanpool contractors received from By Mr. BILIRAKIS (for himself, Mr. Baker Dams; to the Committee on Transpor- providing public transportation to be used LANTOS, Mr. RAHALL, Mrs. MALONEY, tation and Infrastructure. for the purpose of acquiring rolling stock Mr. SHAYS, Mr. SIMMONS, Mr. WELDON By Mr. KIND (for himself, Mr. SAXTON, that is not funded, in part, by Federal, State, of Pennsylvania, Mr. TERRY, Mr. Mr. THOMPSON of California, and Mr. or local government assistance, and to per- ROTHMAN, Mr. CONYERS, Mr. HOLDEN, CASTLE): mit certain expenditures of private vanpool Mr. HOLT, Mr. HASTINGS of Florida, H.R. 5900. A bill to protect, conserve, and contractors to be credited toward the local Mr. MCGOVERN, Mr. MCNULTY, Ms. restore native fish, wildlife, and their nat- matching share of the costs of public trans- WATSON, Mr. PAYNE, Mr. MCCOTTER, ural habitats at national wildlife refuges portation projects; to the Committee on Mr. NEY, Mr. PALLONE, Mr. SPRATT, through cooperative, incentive-based grants Transportation and Infrastructure. Mr. FOLEY, Mr. PEARCE, Mr. CROW- to control, mitigate, and eradicate harmful By Mr. RYUN of Kansas (for himself, LEY, Ms. LINDA T. SA´ NCHEZ of Cali- nonnative species, and for other purposes; to Mr. TIAHRT, Mr. MORAN of Kansas, fornia, Mr. MEEHAN, Mr. YOUNG of the Committee on Resources. and Mr. MOORE of Kansas): Florida, Mr. ENGLISH of Pennsyl- By Mrs. MALONEY (for herself and Mr. H.R. 5909. A bill to promote public safety vania, Mr. SHAW, Mr. ANDREWS, Mr. SERRANO): and improve the welfare of captive big cats, SCOTT of Virginia, and Mr. SCHIFF): H.R. 5901. A bill to amend the Robert T. and for other purposes; to the Committee on H. Res. 953. A resolution commending the Stafford Disaster Relief and Emergency As- Agriculture. Republic of Cyprus and thanking the Cypriot

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JY7.100 H26JYPT1 ycherry on PROD1PC64 with HOUSE H5954 CONGRESSIONAL RECORD — HOUSE July 26, 2006 people for their support and assistance in the ADDITIONAL SPONSORS TO PUBLIC Mr. PUTNAM, Mr. AL GREEN of Texas, Mr. evacuation of Americans fleeing Lebanon; to BILLS AND RESOLUTIONS DEFAZIO, Mr. SESSIONS, Mr. RADANOVICH, Mr. the Committee on International Relations. COSTELLO, Mr. YOUNG of Florida, Ms. GRANG- By Mr. LEACH: Under clause 7 of rule XII, sponsors ER, Mr. CAMP of Michigan, Mrs. MILLER of H. Res. 954. A resolution urging the Presi- were added to public bills and resolu- Michigan, Mr. BOYD, Mrs. CUBIN, Mr. INGLIS dent to appoint a Special Envoy for Middle tions as follows: of South Carolina, Mr. STUPAK, and Mr. East Peace; to the Committee on Inter- H.R. 98: Mr. ENGLISH of Pennsylvania. NEUGEBAUER. national Relations. H.R. 111: Mr. BILBRAY. H.R. 4666: Mr. SHAYS. By Mr. FARR: H.R. 284: Mr. WHITFIELD. H.R. 4725: Mr. POE. EARCE H. Res. 955. A resolution calling for sus- H.R. 363: Mr. ETHERIDGE. H.R. 4766: Mr. P . H.R. 4767: Ms. KAPTUR. tainable peace in the Middle East; to the H.R. 500: Mrs. WILSON of New Mexico. H.R. 4901: Mr. LANTOS. Committee on International Relations. H.R. 517: Ms. GINNY BROWN-WAITE of Flor- H.R. 4927: Ms. CORRINE BROWN of Florida, By Mr. MORAN of Kansas (for himself, ida. Mr. WAXMAN, Mr. KILDEE, and Mr. MOORE of Mr. TIAHRT, Mr. RYUN of Kansas, and H.R. 552: Mr. KNOLLENBERG. Kansas. Mr. MOORE of Kansas): H.R. 583: Mr. MILLER of North Carolina. H. Res. 956. A resolution congratulating H.R. 4956: Mr. KIND, Mr. LEWIS of Georgia, H.R. 817: Mr. LIPINSKI, Mr. TIBERI, Mr. the Department of Agronomy in the College Mr. COOPER, and Mr. SHERMAN. MICA, Mr. DEAL of Georgia, Mr. MCKEON, Mr. of Agriculture at Kansas State University H.R. 4987: Mr. ENGLISH of Pennsylvania. MCHENRY, Mr. KIND, Mr. CAMPBELL of Cali- for 100 years of excellent service to Kansas H.R. 5005: Mr. ORTIZ, Mr. ISSA, Mr. GOOD- fornia, Mr. KUHL of New York, Mrs. agriculture; to the Committee on Agri- LATTE, and Mr. BERRY. MUSGRAVE, Mr. FOSSELLA, Mr. HAYWORTH, culture. H.R. 5022: Ms. WATERS, Mr. MCCAUL of Mr. WALSH, Mr. VISCLOSKY, Mr. RYUN of Kan- Texas, and Mrs. TAUSCHER. f sas, Mr. YOUNG of Alaska, Mr. MCHUGH, Ms. H.R. 5052: Mr. MARKEY. MEMORIALS HERSETH, Mr. HASTINGS of Washington, Mr. H.R. 5056: Mr. HAYWORTH. PETERSON of Pennsylvania, Mr. SOUDER, Mr. H.R. 5106: Mr. ANDREWS. Under clause 3 of rule XII, memorials MCINTYRE, Mr. DAVIS of Alabama, Mr. BRAD- H.R. 5139: Mr. KIND. were presented and referred as follows: LEY of New Hampshire, Mr. ABERCROMBIE, H.R. 5140: Mr. KIND. 422. The SPEAKER presented a memorial Mr. KNOLLENBERG, Mr. LATHAM, Mr. HOLDEN, H.R. 5156: Mr. PEARCE. of the General Assembly of the State of Ten- and Mr. CLEAVER. H.R. 5171: Mrs. MILLER of Michigan and Mr. nessee, relative to Senate Joint Resolution H.R. 819: Mr. BOUSTANY. SOUDER. No. 750 urging the Congress of the United H.R. 910: Mr. BROWN of Ohio. H.R. 5230: Mr. EHLERS. States to pass the Meth-Endangered Children H.R. 916: Ms. WOOLSEY. H.R. 5249: Mr. DEAL of Georgia, Mr. HAYES, Protection Act of 2005; to the Committee on H.R. 998: Mr. ETHERIDGE. Mr. MILLER of Florida, and Mr. ENGLISH of Energy and Commerce. H.R. 1078: Mr. DINGELL, Ms. ESHOO, and Mr. Pennsylvania. 423. Also, a memorial of the General As- BURGESS. H.R. 5292: Mr. PEARCE. sembly of the State of Tennessee, relative to H.R. 1182: Mr. COOPER. H.R. 5304: Mr. REICHERT. Senate Joint Resolution No. 750 urging the H.R. 1227: Mr. SOUDER. H.R. 5312: Mr. KENNEDY of Rhode Island. Congress of the United States to pass the H.R. 1288: Mr. FOLEY. H.R. 5321: Mr. POMEROY. Meth-Endangered Children Protection Act of H.R. 1298: Mr. JACKSON of Illinois. H.R. 5371: Mr. SCHIFF. 2005; to the Committee on Energy and Com- H.R. 1306: Mr. RENZI, Mr. HEFLEY, Mr. H.R. 5382: Mr. PRICE of North Carolina. H.R. 5453: Mr. MCCOTTER. merce. CAMP of Michigan, and Mr. FARR. H.R. 5482: Ms. SCHAKOWSKY and Mr. 424. Also, a memorial of the Senate of the H.R. 1384: Mr. GOODLATTE and Mr. FOLEY. DEFAZIO. State of Louisiana, relative to Senate Reso- H.R. 1431: Mr. MEEHAN. H.R. 5485: Ms. MATSUI. lution No. 141 memorializing the Congress of H.R. 1438: Mr. WELDON of Florida. H.R. 5539: Mr. FORD and Mr. ENGLISH of the United States to authorize appropria- H.R. 1471: Mr. OBERSTAR, Mr. EMANUEL, Mr. Pennsylvania. tions for the cooperative enforcement initia- MEEK of Florida, Ms. KILPATRICK of Michi- H.R. 5552: Mr. MCKEON and Mr. OSBORNE. tive in the Magnuson-Stevens Fishery Con- gan, Mr. NADLER, Mr. PETERSON of Min- H.R. 5575: Mr. HONDA. servation and Management Reauthorization nesota, Mr. VISCLOSKY, and Mr. KIRK. H.R. 5587: Ms. GINNY BROWN-WAITE of Flor- H.R. 1498: Mr. GOODLATTE. Act of 2006 for five years increasing levels of ida. H.R. 1548: Mr. CANTOR. funding each year; to the Committee on Re- H.R. 5597: Mr. POE. H.R. 1632: Mr. GERLACH and Mr. HINOJOSA. sources. H.R. 5598: Mr. JACKSON of Illinois. H.R. 1634: Mr. MILLER of North Carolina 425. Also, a memorial of the Senate of the H.R. 5602: Mr. WALDEN of Oregon. and Mr. CULBERSON. State of Tennessee, relative to Senate Reso- H.R. 5608: Mr. PASCRELL, Mr. MORAN of Vir- H.R. 1876: Mr. DAVIS of Illinois. lution No. 158 memorializing the Congress of ginia, Mr. RAHALL, and Mr. JACKSON of Illi- H.R. 2345: Mrs. LOWEY. the United States to enact the ‘‘Constitu- nois. H.R. 2421: Ms. HART. tional Restoration Act of 2005’’; to the Com- H.R. 5635: Mr. SANDERS, Ms. DELAURO, Mr. H.R. 2429: Mr. BOSWELL. mittee on the Judiciary. GEORGE MILLER of California, and Mr. H.R. 2488: Mr. HIGGINS. 426. Also, a memorial of the General As- PASCRELL. H.R. 2562: Mr. CONYERS. sembly of the State of Tennessee, relative to H.R. 5667: Mr. CASE and Mr. PASCRELL. H.R. 2567: Mr. CAMPBELL of California. Senate Joint Resolution No. 911 urging the H.R. 5675: Mr. WALDEN of Oregon. H.R. 2568: Mr. ENGLISH of Pennsylvania. reauthorization of the special provisions of H.R. 5702: Mr. SCOTT of Georgia. the Voting Rights Act of 1965; to the Com- H.R. 2679: Mr. FEENEY, Mr. BONNER, and H.R. 5704: Mr. MCHUGH and Mr. POE. mittee on the Judiciary. Mr. GARRETT of New Jersey. H.R. 5733: Mr. REICHERT, Mr. MILLER of 427. Also, a memorial of the Legislature of H.R. 2727: Mr. CAPUANO. Florida, Mr. RANGEL, and Mr. FOLEY. the Commonwealth of Guam, relative to Res- H.R. 2808: Mrs. NORTHUP and Mr. DANIEL E. H.R. 5739: Mr. POE. olution No. 138 supporting the passage of LUNGREN of California. H.R. 5740: Mr. SHAYS. H.R. 4259, otherwise known as the ‘‘Veterans’ H.R. 2832: Mr. ENGLISH of Pennsylvania. H.R. 5755: Mr. RENZI, Mr. LATHAM, Mr. Right to Know Act’’ and other similar acts H.R. 2861: Mr. POMEROY. RYAN of Ohio, and Mr. ISRAEL. pending before the Congress of the United H.R. 2945: Mr. REHBERG. H.R. 5757: Mr. HONDA. States; jointly to the Committees on Armed H.R. 2989: Mr. RAHALL. H.R. 5770: Mr. WYNN, Mr. THOMPSON of Mis- Services and Rules. H.R. 3195: Mr. HONDA, Mr. STARK, and Mr. sissippi, and Mr. PAYNE. 428. Also, a memorial of the Senate of the SOUDER. H.R. 5772: Mr. LATHAM and Mrs. EMERSON. State of Louisiana, relative to Senate Reso- H.R. 3427: Mrs. DRAKE. H.R. 5805: Mr. WELLER, Mr. CHANDLER, Mr. lution No. 117 memorializing the Congress of H.R. 3625: Mr. BAIRD. SOUDER, Mr. FORTUN˜ O, MRS. MILLER of the United States to appropriate funding for H.R. 3828: Mr. MCCOTTER. Michigan, Mr. CASE, Mr. PUTNAM, Mr. NEY, the recovery of the shrimp industry and to H.R. 3957: Mr. COLE of Oklahoma and Mrs. and Mr. LINDER. vote against the repeal of the ‘‘Byrd Amend- SCHMIDT. H.R. 5806: Mr. JEFFERSON, Ms. WOOLSEY, ment’’; jointly to the Committees on Ways H.R. 4033: Mr. GUTKNECHT. Mr. MOORE of Kansas, Mr. PAYNE, Mr. and Means and Resources. H.R. 4174: Ms. JACKSON-LEE of Texas and MCGOVERN, Mr. FARR, and Mr. OWENS. 429. Also, a memorial of the House of Rep- Mr. SERRANO. H.R. 5815: Ms. BERKLEY. resentatives of the State of Louisiana, rel- H.R. 4235: Ms. DEGETTE, Mr. TANCREDO, and H.R. 5834: Mr. MCDERMOTT. ative to House Resolution No. 117 memori- Mr. SALAZAR. H.R. 5835: Mr. CAMP of Michigan, Mr. alizing the Congress of the United States to H.R. 4291: Ms. JACKSON-LEE of Texas. SOUDER, Mr. ENGLISH of Pennsylvania, Mr. appropriate sufficient funds for the recovery H.R. 4366: Mr. MEEK of Florida. YOUNG of Florida, and Mr. HIGGINS. of the shrimp industry and to vote against H.R. 4517: Mr. SOUDER. H.R. 5836: Mr. GENE GREEN of Texas, Mr. the repeal of the ‘‘Byrd Amendment’’; jointly H.R. 4562: Mrs. CAPITO, Mr. OSBORNE, Mr. PAYNE, and Ms. LEE. to the Committees on Ways and Means and TAYLOR of North Carolina, Mr. BONNER, Mr. H.R. 5837: Mr. ISRAEL, Mr. HINOJOSA, and Resources. WALDEN of Oregon, Mr. FORD, Mr. DINGELL, Mr. AL GREEN of Texas.

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\L26JY7.100 H26JYPT1 ycherry on PROD1PC64 with HOUSE July 26, 2006 CONGRESSIONAL RECORD — HOUSE H5955

H.R. 5878: Mr. HONDA, Mr. CARNAHAN, Mr. Power Transmission Line and urging the 142. Also, a petition of Mr. Dennis L. MCGOVERN, and Ms. MOORE of Wisconsin. Congress of the United States and the United Schultz, a citizen of Spokane, Washington, H.R. 5887: Mr. MEEHAN and Mr. BURTON of States Department of Energy and the Fed- relative to a notice of treason, and peti- Indiana. eral Energy Regulatory Commission to deny tioning the United States Congress for re- H. Con. Res. 179: Mr. PITTS. the application of New York Regional Inter- dress of grievances; to the Committee on the H. Con. Res. 415: Mr. PAYNE. connect for designation of a certain route in Judiciary. H. Con. Res. 450: Ms. MOORE of Wisconsin. New York as a national interest electric 143. Also, a petition of the Council of the H. Res. 79: Ms. MCCOLLUM of Minnesota, transmission corridor; to the Committee on Township of Rockaway, New Jersey, relative Mr. TAYLOR of Mississippi, Mr. MORAN of Vir- Energy and Commerce. to Resolution AJR88 opposing the New York/ ginia, Mr. NEAL of Massachusetts, Ms. LO- 135. Also, a petition of the Commission of New Jersey/Philadelphia Metropolitan Air- RETTA SANCHEZ of California, Ms. ESHOO, Mr. Cook County, Illinois, relative to a resolu- space Redesign Proposals; to the Committee FILNER, Mr. WU, Mr. STUPAK, Mr. PASCRELL, tion urging the President of the United on Transportation and Infrastructure. and Mr. THOMPSON of California. States and the Congress of the United States 144. Also, a petition of the City Council of H. Res. 222: Mr. GARRETT of New Jersey. to make universal healthcare a priority and Northampton, Massachusetts, relative to a H. Res. 295: Mr. MOORE of Kansas. to take the measures necessary for it to be- resolution requesting a congressional in- H. Res. 335: Mr. KENNEDY of Rhode Island. come a reality, which is consistent with the quiry to investigate President George W. H. Res. 533: Mr. BUTTERFIELD. goals set forth in the ‘‘Healthy People 2010’’ Bush and Vice President Richard Cheney for H. Res. 745: Mr. SESSIONS. initiative; to the Committee on Energy and administrative abuses of power; to the Com- H. Res. 759: Mr. FOSSELLA. Commerce. H. Res. 776: Mr. POE. 136. Also, a petition of the City Council of mittee on Rules. H. Res. 790: Mr. DAVIS of Alabama and Ms. Atlanta, Georgia, relative to Resolution 06- 145. Also, a petition of the Veterans Fed- WATSON. R-0932 urging the Congress of the United eration of the Philippines, relative to Reso- H. Res. 823: Ms. FOXX, Ms. HARRIS, Mr. CAL- States to investigate atrocities of the har- lution No. 06-31 conveying its appreciation to VERT, and Mrs. DRAKE. vesting of human organs in the United the Members of the United States House of H. Res. 844: Mr. SERRANO. States and China; and urging the Congress of Representatives for honoring the Filipino H. Res. 888: Mr. STARK, Mr. JACKSON of Illi- the United States not to accept denials at Veterans of World War II by considering H.R. nois, and Ms. NORTON. face value and requesting the President of 4574, the Filipino Veterans Equity Act of H. Res. 894: Mr. FARR. the United States question Hu Jin Tao, the 2006; to the Committee on Veterans’ Affairs. H. Res. 928: Mr. DAVIS of Illinois and Ms. President of China; to the Committee on 146. Also, a petition of Mr. James N. MCCOLLUM of Minnesota. International Relations. Thivierge, a citizen of Amesbury, Massachu- H. Res. 931: Ms. WATSON, Ms. MCCOLLUM of 137. Also, a petition of the Board of Com- setts, relative to a petition to the Congress Minnesota, Mr. BROWN of Ohio, Mr. MCNUL- missioners of Cook County, Illinois, relative of the United States to take certain action TY, Ms. MATSUI, and Ms. LEE. to a Resolution urging the Congress of the in regards to Income Tax; to the Committee H. Res. 935: Mr. AL GREEN of Texas and Mr. United States to uphold the decree of equal on Ways and Means. JACKSON of Illinois. justice for all through either extending or 147. Also, a petition of the Board of County H. Res. 948: Mr. WU, Mr. UDALL of Colorado, making permanent all sections fo the Voting Commissioners, Franklin County, Ohio, rel- and Mr. CALVERT. Rights Act; to the Committee on the Judici- ative to Resolution No. 361-06 urging recon- f ary. sideration of the sign-up deadline for Medi- 138. Also, a petition of Mr. Gregory T. How- PETITIONS, ETC. care Part D beyond May 15, 2006; jointly to ard, a Citizen of Toledo, Ohio, relative to a the Committees on Energy and Commerce Under clause 3 of rule XII, petitions letter discussing a legal matter; to the Com- and Ways and Means. and papers were laid on the clerk’s mittee on the Judiciary. 139. Also, a petition of Mr. Gregory T. How- 148. Also, a petition of the Legislature of desk and referred as follows: ard, a Citizen of Toledo, Ohio, relative to a Tompkins County, New York, relative to 133. The SPEAKER presented a petition of letter discussing a legal matter; to the Com- Resolution No. 63 supporting changes in the City Council of Atlanta, Georgia, rel- mittee on the Judiciary. Medicare Part D; jointly to the Committees ative to Resolution 06-R-0928 recognizing the 140. Also, a petition of Mr. Gregory T. How- on Energy and Commerce and Ways and thirty one years of contributions made to ard, a Citizen of Toledo, Ohio, relative to a Means. the City of Atlanta by the Community De- letter discussing a legal matter; to the Com- 149. Also, a petition of the Legislature of velopment Block Grant Program and sup- mittee on the Judiciary. Tompkins County, New York, relative to porting its continuation; to the Committee 141. Also, a petition of Rev. Wes Carroll, a Resolution No. 114 urging President Bush to on Financial Services. citizen of Dallas, Pennsylvania, relative to a stop Warrantless Surveillance of Americans 134. Also, a petition of the Legislature of request for all records concerning lawsuits, and to Follow the Foreign Intelligence Sur- Orange County, New York, relative to Reso- criminal activities and violations of citizens veillance Act; jointly to the Committees on lution No. 133 opposing the construction of consitutional rights; to the Committee on the Judiciary and Intelligence (Permanent the New York Regional Interconnection the Judiciary. Select).

VerDate Aug 31 2005 05:11 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.083 H26JYPT1 ycherry on PROD1PC64 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, WEDNESDAY, JULY 26, 2006 No. 100 Senate The Senate met at 9 a.m. and was appoint the Honorable SAM BROWNBACK, a may proceed at 10:40 this morning to called to order by the Honorable SAM Senator from the State of Kansas, to per- the Hall of the House of Representa- BROWNBACK, a Senator from the State form the duties of the Chair. tives to hear the address by the Prime of Kansas. TED STEVENS, Minister of Iraq. I thank all Senators President pro tempore. for their attention. PRAYER Mr. BROWNBACK thereupon as- I yield the floor. sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- pro tempore. fered the following prayer: pore. Who yields time? Mr. DOMENICI. Mr. President, I sug- Almighty God, source of wisdom and f gest the absence of a quorum. fountain of knowledge, we praise You RESERVATION OF LEADER TIME The ACTING PRESIDENT pro tem- for the gift of Your love. Guide our The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. Senators with Your love. Do not per- pore. Under the previous order, the The legislative clerk proceeded to mit the confusion of our time to con- leadership time is reserved. call the roll. fuse them. Empower them to con- Mr. DOMENICI. Mr. President, I ask tribute to the rightness of things. Let f unanimous consent that the order for them be part of the answer to the prob- GULF OF MEXICO ENERGY SECU- the quorum call be rescinded. lems in our world. RITY ACT OF 2006—MOTION TO The ACTING PRESIDENT pro tem- As they choose the hard right over PROCEED pore. Without objection, it is so or- the easy wrong, give them Your peace. The ACTING PRESIDENT pro tem- dered. May their lives count for good when Mr. DOMENICI. Mr. President, I un- pore. Under the previous order, the even the best does not seem enough. derstand there are 15 minutes equally Senate resumes consideration of the Create within each of us clean hearts divided. I am not sure what equally di- motion to proceed to S. 3711, which the and renewed right spirits, that we may vided means this morning, but we will clerk will report. become instruments of Your love. do our best. I think Senator BINGAMAN The legislative clerk read as follows: Lord, may the spirit of this prayer be may be here and might want the oppo- acceptable to You. We pray in Your Motion to proceed to S. 3711, a bill to en- sition’s time. We will try to use our hance the energy independence and security holy Name. Amen. of the United States by providing for explo- time in favor of it as judicially as we f ration, development, and production activi- can. I start by yielding myself 6 min- ties for mineral resources in the Gulf of Mex- utes. PLEDGE OF ALLEGIANCE ico, and for other purposes. The ACTING PRESIDENT pro tem- The Honorable SAM BROWNBACK led The ACTING PRESIDENT pro tem- pore. The Senator is recognized for 6 the Pledge of Allegiance, as follows: pore. Under the previous order, the minutes. Mr. DOMENICI. Mr. President, today I pledge allegiance to the Flag of the time until 10 a.m. shall be equally di- is a very important day. Let me ex- United States of America, and to the Repub- vided between the two leaders or their plain why that is to all the Senators lic for which it stands, one nation under God, designees. indivisible, with liberty and justice for all. and those who are interested. Who seeks recognition? First, I am going to try to convince f RECOGNITION OF THE ACTING MAJORITY LEADER our colleagues today that this small APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- lease sale that we are talking about is PRESIDENT PRO TEMPORE pore. The Senator from the great State one of the most important issues spo- of Wyoming. ken of in this Chamber this year. This The PRESIDING OFFICER. The SCHEDULE morning, as the Sun rises over the ma- clerk will please read a communication Mr. THOMAS. This morning we will jestic dome of the Capitol and families to the Senate from the President pro have approximately 1 hour of debate wake up across the land, whether it be tempore (Mr. STEVENS). prior to the cloture vote on the motion in Albuquerque, NM, or in New Orle- The legislative clerk read the fol- to proceed to the Gulf of Mexico energy ans, LA, or Miami, FL, as they wake lowing letter: security bill. The vote will occur at up, millions of Americans around the U.S. SENATE, about 10 o’clock today, and imme- great land find their homes cooled and PRESIDENT PRO TEMPORE, Washington, DC, July 26, 2006. diately following that vote we will re- after breakfast they start their cars, To the Senate: cess for the 11 o’clock joint meeting. I drive their children through their Under the provisions of rule I, paragraph 3, remind my colleagues to remain in the neighborhoods, in carpools or other- of the Standing Rules of the Senate, I hereby Chamber following that vote so that we wise, to get some needed relief from

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

S8211

.

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.000 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8212 CONGRESSIONAL RECORD — SENATE July 26, 2006 the heat. But for these families there is ment and those who do not want to de- The ACTING PRESIDENT pro tem- no relief from the high cost of energy. velop off their shores. We struck a bal- pore. The Senator from Louisiana is For too long we have remained un- ance. Here in the Senate that balance recognized. able to provide a remedy for that. In has the overwhelming support of those Ms. LANDRIEU. Mr. President, I ap- the words of the man in charge of our who seek additional Outer Continental preciate the introduction to this im- Nation’s monetary policy, ‘‘one likely Shelf deep sea access, and the over- portant measure by the chairman of source of the deceleration [of economic whelming support of those whose pri- the Energy Committee, Senator growth] is higher energy prices, which ority is coastal protection. I am proud DOMENICI. No one has worked harder, in has adversely affected the purchasing of this balance and I defend it against my view, in this entire Chamber, and power of households and weighed on those who challenge it and seek to un- perhaps in the entire Congress, to help our consumer attitudes.’’ dermine it. us reach a reasonable, balanced energy In plain speak, that means if we Finally, the bill is both fiscally re- policy. The Chairman knows, and I don’t take action, we are in trouble. I sponsible and meets the needs of the agree with him, we can’t drill our way assure my colleagues, there is a grow- coastal States that make the sacrifice out of this situation. But neither can ing chorus in America and this chorus of hosting our energy infrastructure. It we conserve our way. We have to stay demands energy relief. It demands our takes care of them in a fair way. on parallel tracks to drill more where we can of oil and gas, and conserve attention to the simple piece of prop- I do not take my fiscal responsibility more where we can. erty in the Gulf of Mexico. lightly and I do not make the fact of The last Energy bill reached a pretty We are here to talk about whether to fiscal responsibility a light issue. I proceed on an item that is critical to good balance of that. This is another come at this issue with a vast experi- step forward in that reasonable, ration- American jobs and to our Nation’s ence in budget matters in the Senate economy. In the Gulf of Mexico we al, progressive road the chairman is and I can tell you this: The cost associ- trying to provide. He is providing ex- have a piece of real estate owned by ated with sharing the OCS receipts the Government that is the subject cellent leadership and I am proud to must be weighed against the cost of in- support his efforts. matter of what we choose to call the action. I can tell you for certain, inac- Gulf of Mexico Energy Security Act. This bill, as the Senator from New tion would be devastating. When the Mexico said, will open up significant We direct the Secretary of Interior to destruction of the Hurricanes Rita and lease the area commonly known as 181 tracts of land off of the gulf coast for Katrina ravaged our Nation’s gulf, it drilling of oil and gas that we need as within 1 year after the date of the en- was a national tragedy, not simply a actment of this bill. We further remove a nation. I have spoken about this bill regional occurrence. Our response many times in terms of its benefits to the moratorium or restriction on the should continue to be national in scope area to the south of 181 and we direct Louisiana and the gulf coast, and I will and wide in its vision. again this morning. But before I do the Secretary to lease that area also. We have all heard the anecdotes of Taken together, these are 8.3 million that, I would like to speak to the na- how this region hosts about half of our acres. I will explain them on the map tional issue. Nation’s refining capacity and infra- Senator DOMENICI is correct when he here in a second, briefly, so I can have structure. We heard statistics from the said this country needs these re- my fellow Senators, two of them who Mineral Management Service that serves—and we need them now. This want to speak, have an opportunity to showed that the Outer Continental area of the gulf, 8.3 million acres that do so. They have been vital in getting Shelf plays a major role in supplying we have been able to negotiate based this done. on the good work of Senator MARTINEZ But let me summarize. This 8.3 mil- our energy resources. and others in the Gulf Coast States, lion acres contains 1.26 billion barrels Let me summarize. The Gulf of Mex- will provide more than six times the of oil, American oil, and 5.8—or round- ico is the most prolific producing off- amount of natural gas that this coun- ed out—6 trillion cubic feet of natural shore region and we cannot leave one try imports in the form of LNG each gas. These resources under the sea are giant piece of it—one piece of real es- year. Let me repeat that—six times the American assets on American lands tate owned by the people that is prob- amount of natural gas—liquefied nat- and the power to unleash these re- ably more energy laden than any other ural gas—that this country imports sources lies in the hands of the Senate. piece of real estate in the lower 48—we every year. It has more oil than the Or we can walk away and adopt an al- can’t leave it sit there. We have struck a fair balance in this bill and I can say proven reserves of Wyoming and Okla- ternative and that is to continue to in- homa combined. There is more oil here crease our dependence on foreign for certain it deserves the sincere con- sideration of every Senator. for our Nation that desperately needs sources of energy from hostile regions it. of the world. When we start voting, I believe every Senator should say, in fairness, let us Our manufacturing sector is doing As American jobs hang in the bal- the best it can do to hold onto jobs in ance, I remind my colleagues that be- proceed. A few days from now an over- whelming number of Senators should the United States. This is an issue that tween 1999 and 2005, a period of time Senators on both sides of the aisle feel equal to one term in the Senate, the say proceed to permit this property, owned by the people, with supplies of strongly about: keeping jobs in Amer- price of natural gas in the United ica. If we want to keep jobs in America, States increased 289 percent. At the gas for the people—let it be used by the people so we don’t have to spend more we need to follow the Chairman’s lead same time we lost over 3 million jobs and open up lease sale 181 and 181 money overseas, sending our dollars in the manufacturing sector. South. and our hard-earned currency to buy In the words of the Federal Reserve Only a year ago, the price of natural Chairman: what we own, that we can produce in gas was $15 per million Btu. Today we High prices of natural gas reflect strong the next decade. are fortunate. It has gone down to $6, demand and diminished supplies. The production will be astronomical but 3 or 4 years ago it was $2. It is vola- This vote today is a step toward cor- if we put our heads to understanding tile and it is too high. We need to take recting that imbalance. that it is America’s property, it is it down and stabilize it for manufac- Also, in this gulf coast bill we pro- America’s resources. There is no risk. turing and agricultural interests from vide protections to the Florida coast- We ought to get on with changing 25 which every single Senator in this body line. Thanks to the skills and heart years of what started in California, of a benefits. and concern of the distinguished Sen- fear that was irrational, and get on We are competing internationally. ator MEL MARTINEZ from the State of with reasonable, rational, safe, deep- Overseas they can produce natural gas Florida, we have protected the Florida water drilling. for a fraction of what it costs us here. coastline in this legislation. I yield the floor. Our industries are struggling to hang I say to those opposed to this legisla- The Senator from Louisana is here on because the price is too high. This tion, these provisions are a com- and when she is finished, I would yield will help to get our price down, to sta- promise between those who seek addi- the remaining time to Senator MAR- bilize it, and bring down the futures tional access to new areas of develop- TINEZ. that are driving up our prices.

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.002 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8213 The same for oil: only a few years projections are that it could go up to This is an opportunity to pass a bill ago a barrel of oil was $35 a barrel. $12 billion. If we pass this bill, it will that is balanced, that is smart, that is Today it is selling for about $75 a bar- open up some other areas which will necessary, that is needed, and that will rel. generate for the Treasury of the United be put to great use by the coast of Lou- We need to open up more domestic States of America upwards of $15 bil- isiana, Mississippi, Alabama, and Texas reserves—first, for the country because lion a year. to protect the barrier islands that pro- it is a smart and balanced energy pol- The question to my colleagues is, do tect the great energy resources of the icy. It is sound economic policy—to you think the people who help generate Nation and the wonderful people who keep jobs right in the United States. this revenue, the 10 million people who live there. Second, we must open up these do- live along this coast, could share in a In conclusion, I will say this: I have mestic reserves because it is sound en- partnership with these great resources taken Senators on planes, flying over vironmental policy. Let me speak so we can provide some revenue stream these coastal wetlands. I look down at about the gulf coast for just a few mo- to help protect ourselves and the na- these ports and these bays. In the mid- ments. tion’s energy infrastructure from hur- dle of hurricanes, people whose homes, I have come to this floor many times ricanes that come our way; restore the schools, and churches were destroyed in the 10 years that I have been here to vital wetlands that support this entire were sleeping on concrete in tents to talk about the gulf coast where I was Nation; protect and support the mouth keep these pipelines open for the Na- born and raised, part of the country of the greatest river system in North tion when they did not have homes for that I think is the most beautiful and America, the Mississippi, help drain themselves. the most special. Of course, we all two-thirds of the United States, the I am not going to go home until a so- think the place we are born is that river that takes 70 percent of the grain lution is found for the wetlands. way. But I have also said this coast is from the Midwest? I see the Senator from Florida. I will America’s only energy coast. Is it possible that we could set up a yield my time. I thank him for his ex- This is a satellite picture taken just partnership that works for everyone? traordinary leadership in finding the recently. It shows the coast of Florida, Or is that impossible these days in solution for the gulf coast. This is a the coast of Alabama, Mobile Bay, the Washington? gulf coast bill. It is not a Louisiana great boot of Louisiana, the shore of My people at home can’t even under- bill, nor a Florida bill—it is a gulf Mississippi, and the great expanse of stand it. They say: Senator, who would coast bill. We are Gulf Coast States. I the shore of Texas. This area, since the be against revenue sharing? am very proud to have Senator MAR- 1940s, has been the only area in the We are not asking for all of it. We TINEZ’s support. United States that has allowed offshore would like 50 percent, but we nego- The ACTING PRESIDENT pro tem- oil and gas drilling. We have experi- tiated a good deal, at 37.5 percent the pore. The Senator from Florida is rec- mented there for 40 years. We made a same percentage that onshore states ognized. lot of mistakes. But we have done a lot used to receive from production on the Mr. MARTINEZ. Mr. President, I join of things right. Now we have an indus- federal lands in their states before it my colleague, the Senator from Lou- try that actually resembles the space was raised to 50 percent. We are not isiana, and thank the chairman of the program more than it does the old-time trying to be hogs, but we are drowning Energy Committee for his help in mov- roughneck industry with oil greasy down here. ing this bill today. I know it is a very derricks of the old days, as seen in If you think I am joking about important day for the United States those black and white pictures. Today, drowning, I would like to show you a but also for the people of Florida. the industry deploys technology that picture of one road. Senator DOMENICI S. 3711, the Gulf of Mexico Energy Se- looks like a spaceship out in the Gulf has seen this. It made him shudder. curity Act of 2006, is a bill that will not of Mexico. We are proud of the gulf. This is the highway to Port Fourchon, only provide very needed resources for Every widget, every gadget, every seis- which is the highway that links the our Nation, but it also provides some- mic device, every flange, every well- United States of America to about 70 thing that is very important to those head in large measure has been crafted, percent of U.S. offshore oil and gas pro- of us who love and are from the State designed, and built by people along the duction. This looks like a Third World of Florida, which is protections for our gulf coast—and it is a trade that we are nation. State from encroachment by those who proud of. We do it without major spills. I have come here and begged for would wish to drill and explore for oil We do it simultaneously as we enhance money to help with this highway. We and gas in the Gulf of Mexico. our fisheries, and we do it proudly. We cannot, as a State of only 4.5 million For many years, Members of the want to continue to do it. people, support the entire infrastruc- House and Senate from Florida have We have laid thousands of miles of ture of the United States of America. been joined in a struggle to ensure that pipeline that send oil and gas not just We can’t do it. We are not that rich. Florida’s economic and environmental to Louisiana but all over this country We are a Southern State that has seri- interests be protected as exploration for people who live in New York, New ous challenges. I am not saying we are for oil and gas in the Gulf of Mexico Jersey, Maryland, places like Illinois, a charity case, but we can’t build high- took place. places in the Midwest. I want you to ways for everybody with only our I am pleased to say that as we have see where these pipelines start. They money, particularly highways that ba- worked through this issue, one of the start in the Gulf of Mexico. sically carry the natural resources of things that was paramount in our We drill for oil and gas proudly—and the Nation. This is what it looks like. minds was providing some zone of per- we don’t use it just for ourselves, but This is the scientists’ projected land manent protection for the State of we use it for everyone in America, to loss of the Delta plains. This is from Florida. In this particular arrange- keep these lights on in this Chamber, the USGS at the Department of the In- ment, which we have been able to reach to help cool people’s homes. As we have terior. This map shows the projected thanks to the good work and under- seen many times after heat waves land loss. From 1932 to 2050, this is the standing of the needs of Florida by strike, people can die in large numbers land lost and the projected land loss by Chairman DOMENICI and others, we when the utilities go off. 2050. have been able to find a zone of protec- This is not a laughing matter. This is People wonder why New Orleans is tion for the State of Florida—a zone of a very serious matter. We are proud to flooding. This picture shows us why. protection that begins in Pensacola do it, but we cannot do it any longer The great marshland that protected and moves south 125 miles in Florida without sharing in a portion—a very us—up the great river system and the waters but provides an extraordinary reasonable portion—of the revenues major ports which helped western ex- zone of protection for the State of that are generated. We need those reve- pansion for the Nation—put it away Florida, as we obtained not only 125 nues to ensure the safety of the mas- from the water and protected it so it miles but frankly 237 miles from the sive amounts of infrastructure that could help the Nation grow. Since then, coast of Tampa and almost 325 miles rest atop our rapidly eroding coast. we have not done our job using the rev- from the coast of Naples. The entire We generated this year from this sec- enues wisely and reinvesting in this west coast of Florida is going to enjoy tion of the gulf about $6 billion. The great wetlands to protect it. protection of well over 200 to 300 miles.

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.004 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8214 CONGRESSIONAL RECORD — SENATE July 26, 2006 We are, in fact, going to be pro- The ACTING PRESIDENT pro tem- I yield the floor and retain the re- tecting the State of Florida’s military pore. Without objection, it is so or- mainder of my time. mission line. The military in Florida dered. I suggest the absence of a quorum. have had a long and close working rela- Mr. MARTINEZ. I know Florida can The ACTING PRESIDENT pro tem- tionship. We value what they bring to play a significant role in the develop- pore. The clerk will call the roll. our State and what they provide for ment of ethanol and other alternative The legislative clerk proceeded to our national defense. fuels. I know this is an opportunity for call the roll. The military mission line, in this us to bridge into the future. I am de- Mr. REID. Mr. President, I ask unan- area, is going to be observed and pro- lighted that today we are going to pro- imous consent that the order for the tected. That is what provides this ex- vide Florida the kind of protection it quorum call be rescinded. traordinary zone of protection beyond needs. The ACTING PRESIDENT pro tem- the 125 miles we see here. Why is this I welcome the opportunity to move pore. Without objection, it is so or- important? Because while we could not S. 3711. It is the last measure, it is the dered. do this permanently—and there is no last line. There cannot be any other Mr. REID. I ask that the time during such thing as permanence—we have way but this way if we will have the the quorum call be charged equally been able to provide this zone of pro- support of Florida Senators. against both sides. tection, all of this in yellow, to the I yield the floor. The ACTING PRESIDENT pro tem- State of Florida until the year 2022, a The ACTING PRESIDENT pro tem- pore. No time is remaining on the side long time from now. pore. Who seeks time? The Senator of the proponents. In addition, a further protection of from the great State of New Mexico. Mr. BINGAMAN. I suggest the ab- that, which is incredibly important for Mr. BINGAMAN. How much time re- sence of a quorum. our State, there are any number of mains? The ACTING PRESIDENT pro tem- leases that were at a different time The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. under different leadership and, perhaps, pore. Twenty-eight minutes on your The legislative clerk proceeded to with not as much thought of the im- side. call the roll. pact it could have on our State, our Mr. BINGAMAN. Is there time re- Mr. FRIST. Mr. President, I ask economy, our beaches, our environ- maining for the proponents? unanimous consent that the order for ment. Many leases were given to oil The ACTING PRESIDENT pro tem- the quorum call be rescinded. companies, not much more than 3 pore. There is no time remaining for The PRESIDING OFFICER (Mr. miles off the coast of Florida, some 8, the proponents. VITTER). Without objection, it is so or- 10, 15, or 17 miles off the coast. The Mr. BINGAMAN. Mr. President, dered. State of Florida has, in fact, purchased shortly I will be voting for cloture on Mr. FRIST. Mr. President, this past some of the leases in the past. I com- the motion to proceed to S. 3711. I will weekend I was in Tennessee—in Nash- mend Governor Bush for leading the ef- be urging other colleagues to do as ville, my hometown. The visit was an fort to do so. well. I am not casting my vote for clo- opportunity for me to catch up with Under this bill, under this arrange- ture because I support the bill in its constituents. Again and again, whether ment, the leases that are interior in current form. On the contrary, I think I was in Nashville or over in Carter the area of Florida can then be the bill that has been brought before County at a wonderful pig roast or over swapped out for leases in the areas that the Senate is seriously flawed on sev- in Jackson, TN, west Tennessee or will be explored. It is a great and won- eral grounds. I am voting for cloture on Memphis, the concern of the high cost derful opportunity for those who are the motion to proceed because I want of gasoline, the high cost of cooling holding leases close to the coast of to have a chance to propose amend- homes, and the impact on local busi- Florida to swap them out for areas far ments to the bill, propose improve- nesses came up again and again and beyond where they currently are, thus ments to the bill. I want this bill to again. eliminating, beyond the year 2022, any represent good, long-term energy pol- As I was driving through the streets threat on the gulf coast from drilling. icy and good, long-term fiscal policy of Tennessee, the average price of gaso- This is an important and good day for the country. line in Nashville, I remember specifi- for Florida. It is something we have I am aware of statements made by cally, was $2.87 a gallon—kind of a bar- battled for long and hard. Senator BILL some that once the Senate is on the gain if you compare it to here in DC, NELSON and I—my colleague from Flor- bill, there will be an attempt to frus- where many metro area prices aver- ida—filed a bill early this year which trate the ability of Senators to offer le- aged over $3.08 a gallon this weekend. provides a 150-mile zone of protection. gitimate energy amendments. I will But people back home in Tennessee This is not 150 miles relating to the certainly oppose any attempt to pre- feel that it is anything but a bargain. panhandle, but it is 125 miles and is, as maturely invoke cloture on the bill. They feel the pinch in their wallets, others have said, the best deal on the Our energy problems in the country are and it affects how they live every day— table. serious business. They cry out for whether it is driving their kids to Is this the answer to our problems? thoughtful responses. They also de- school or taking their vacation at this Certainly not long term, certainly not serve a process in the Senate that is se- time of year or filling that tractor with forever. Certainly we have to under- rious and is thoughtful. fuel. stand that the future of America, as In this Congress, we made great Across the Nation, Americans are the President said in his State of the progress on energy because we adopted compensating for these high gas prices Union Message, is moving away from an open, inclusive, and bipartisan ap- and high energy prices by cutting back, our dependence, our addiction to fossil proach on the issues. In my view, that feeling the squeeze and having to cut fuels. We have to understand that this record is at risk if we adopt a process back in other areas. We think twice is at best a bridge into the future. This on this bill that is a closed process. about going out for dinner or lunch at is at best a way to provide for now so I hope the Senate consideration of a restaurant. We select our vacation that Florida industries that have been this bill will be in the vein of the con- destinations based today on how far so dependent on gas, such as the phos- sideration we gave to the last Energy one has to drive from home rather than phate industry, such as fertilizers, and bill. Americans want positive, forward- the appeal of that destination. And we the generation of electricity to cool looking solutions to our energy prob- wait a few weeks longer than com- and warm Florida homes, will not be lems. They want us to use America’s fortable before turning on that air-con- imperiled. technological know-how to come up ditioner or heating our homes. That is The ACTING PRESIDENT pro tem- with innovative solutions and ap- the direct cost these high energy prices pore. The time of the Senator has ex- proaches to our problems. We are only have on our everyday family life. pired. going to be able to find those forward- Many Americans fail to realize the Mr. MARTINEZ. I ask unanimous looking solutions if everyone is given a indirect but the very real passthrough consent for an additional 30 seconds to legitimate opportunity to help the Sen- costs of high energy prices, the extra conclude. ate work its will on this legislation. energy costs that are hidden in the

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.005 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8215 prices of the consumer goods and serv- I want to make it clear that while this legislation so that we can continue ices we use every day. It is not just this is a first step toward addressing to deliver meaningful solutions to the gasoline prices that are putting that the energy challenges we face, it is an American people. squeeze on American consumers. Right important step. There is a lot more we I yield the floor. now, American consumers and indus- can and should do in the future to CLOTURE MOTION tries are paying the highest natural break what the President called our The PRESIDING OFFICER. Under gas prices in the world. That translates ‘‘addiction’’ to oil, to diversify our en- the previous order, the hour of 10 a.m. into, yes, higher heating and cooling ergy resources, to increase the use of having arrived, the Senate will proceed bills but also higher prices for farmers renewables and alternative sources to a vote on the motion to invoke clo- trying to buy fertilizer for their fields, such as ethanol and biodiesel, clean ture on the motion to proceed to S. higher prices for products made with coal technology, and nuclear power, 3711. Under the previous order, the chemicals, higher prices for paper prod- and to decrease, to minimize, to lessen clerk will report the motion to invoke ucts, higher prices for manufacturing consumption by consumers. cloture. jobs, which means those jobs ulti- One year ago this week, the Senate The legislative clerk read as follows: mately are lost here in America. passed a comprehensive national en- CLOTURE MOTION Six years ago, America’s natural gas ergy policy which, over the course of bill was $50 billion. Last year, it was the last 12 months, has achieved im- We, the undersigned Senators, in accord- four times that, $200 billion. In coun- ance with the provisions of rule XXII of the pressive results. As a result of the En- Standing Rules of the Senate, do hereby tries competing for American jobs, the ergy bill, 27 new ethanol plants have price of natural gas is often one-sixth— move to bring to a close debate on the mo- broken ground, 150 more are in the tion to proceed to Calendar No. 529, S. 3711, one-sixth—as much as it is here in the works. The amount of ethanol and bio- a bill to enhance the energy independence United States. Thus, when U.S. compa- diesel we use in our gasoline will more and security of the United States by pro- nies are having to pay more for the en- than double over the next 6 years, sav- viding for exploration, development, and pro- ergy they need, it makes it harder and ing 80,000 barrels of oil a day, and 401 duction activities for mineral resources in harder for them to compete in this the Gulf of Mexico, and for other purposes. new E–85 pumps have been installed. As global marketplace. When they can’t Bill Frist, Pete Domenici, Richard G. a result of that comprehensive Energy compete, they have to make very Lugar, Mitch McConnell, Kay Bailey bill passed last year, the nuclear indus- tough economic decisions that many Hutchison, Jim Bunning, Trent Lott, try is planning to build 25 new reactors times result in American jobs having Christopher S. Bond, Tom Coburn, in the United States, enough to power Wayne Allard, David Vitter, Mel Mar- to move overseas—where energy sup- 15 million households with clean, emis- tinez, Thad Cochran, Jim DeMint, John plies are much more plentiful and the sion-free electricity. Because of the Cornyn, Lindsey Graham, Jeff Ses- costs are much lower. sions. The National Association of Manu- Energy bill passed last year, 120 clean The PRESIDING OFFICER. By unan- facturers estimates that more than 3.1 coal facilities are in the planning imous consent, the mandatory quorum million high-wage manufacturing jobs stages, enough to replace 2 million bar- call has been waived. have been lost in this country over the rels of oil a day by the year 2025. And The question is: Is it the sense of the last 6 years—largely as a result of because of the comprehensive Energy Senate that debate on the motion to those high energy prices. Of more than bill of last year, wind power, solar proceed to S. 3711, a bill to enhance the 120 world-scale chemical plants under power, and hydrogen fuel cells all got a energy independence and security of construction around the world, only 1 major boost. The Energy bill was part is here in the United States. The high of the solution. the United States by providing for ex- cost of natural gas hurts farmers be- The bill on the floor today is that ploration, development, and production cause natural gas is used to make fer- next critical step. Once we pass this activities for mineral resources in the tilizer. It is hurting the forest indus- bill and begin producing more of Amer- Gulf of Mexico, and for other purposes, try. It is hurting the paper products in- ica’s energy, we will still have a lot shall be brought to a close? dustry. Mr. President, 267 mills have more work to do. We need to do more The yeas and nays are mandatory closed, and 189,000 jobs have been lost to encourage development of innova- under the rule. since this runup in natural gas prices tive 21st century technologies that will The clerk will call the roll. over the last 6 years. break our addiction to foreign oil. The assistant legislative clerk called We are all familiar with the energy Whether ethanol or hydrogen or coal- the roll. challenges facing America. We are dan- to-liquids or new approaches that we Mr. DURBIN. I announce that the gerously dependent on foreign sources can’t even imagine today, we must do Senator from Delaware (Mr. BIDEN) and of oil. We are dangerously dependent all we can to support those new tech- the Senator from Massachusetts (Mr. on foreign sources of oil—much of it nologies, those advanced technologies KERRY) are necessarily absent. coming from countries with unstable that will move us beyond the debate I further announce that if present governments or with interests that are over oil and over gas. and voting, the Senator from Massa- cleary contrary to those of our coun- For the foreseeable future, we are chusetts (Mr. KERRY) would vote try. going to be talking about oil and gas. ‘‘yea.’’ This disparity will only increase if That is why the bill before us today is The PRESIDING OFFICER. Are there we do not take action. We have to act so critical. The Gulf of Mexico Energy any other Senators in the Chamber de- to increase the amount of American Security Act will substantially reduce siring to vote? energy. And that, of course, we could our dependence on foreign oil and nat- The yeas and nays resulted—yeas 86, use right here in America today. ural gas. It will increase moving to- nays 12, as follows: The bill before us—the Gulf of Mexico ward energy independence. It will [Rollcall Vote No. 217 Leg.] Energy Security Act—is going to do strengthen our national policy. It will YEAS—86 just that. It is action. It will reduce reduce the cost of living for American Akaka Chambliss Ensign our dependence on foreign oil and nat- consumers. Alexander Clinton Enzi ural gas by opening up more than 8 In a post-9/11 world, energy security Allard Coburn Feingold million acres in the gulf to domestic is a matter of national security. Now Allen Cochran Frist Baucus Coleman Graham exploration. The area opened under more than ever America needs Amer- Bayh Collins Grassley this bill is estimated to contain 1.26 ica’s energy. That is what this bill Bennett Conrad Gregg billion barrels of oil and over 5.8 tril- does. It brings more American energy Bingaman Cornyn Hagel lion cubic feet of natural gas. It will to American consumers. It is a bipar- Bond Craig Hatch Brownback Crapo Hutchison have an impact on the prices con- tisan bill. Bunning DeMint Inhofe sumers pay at the pump and on their I especially thank Senators DOMENICI Burns DeWine Inouye power bills, as we look to the future. It and LANDRIEU, VITTER, and MARTINEZ, Burr Dodd Isakson makes sense: increased supply, when and so many others for helping us get Byrd Dole Jeffords Cantwell Domenici Johnson we know that price point is ultimately to this point. I hope the Senate will Carper Dorgan Kennedy a product of supply and demand. now vote to allow us to begin debate on Chafee Durbin Kohl

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.008 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8216 CONGRESSIONAL RECORD — SENATE July 26, 2006 Kyl Nelson (FL) Smith 5,000 Americans have been offered as- fective for fiscal years beginning after Landrieu Nelson (NE) Specter sistance at these facilities in recent September 30, 2003. Under the House- Leahy Obama Stabenow Levin Pryor Stevens days. Thousands more are expected passed language, the cap is effective for Lincoln Reid Sununu within the week. fiscal years beginning after September Lott Roberts Talent These repatriation facilities are 30, 2006. Since the current fiscal year Lugar Rockefeller Thomas staffed by Federal and State employees occurs after 2003 but before 2006, that Martinez Salazar Thune McCain Santorum who provide assistance with travel, begs the question—what is the cap for Vitter McConnell Schumer Voinovich lodging, and access to medical facili- this year? The answer to this question Mikulski Sessions Warner ties, as necessary. These employees are should not be ambiguous. The Senate Murkowski Shelby doing a tremendous job assisting all of language clearly states the cap for the NAYS—12 the evacuees. current fiscal year is $6 million. Boxer Lautenberg Reed Unfortunately, under current law, Given all of these concerns, I urge Dayton Lieberman Sarbanes this critical assistance is subject to a my colleagues to reject the House lan- Feinstein Menendez Snowe Harkin Murray Wyden statutory cap of $1 million dollars. guage and support the Senate alter- Given the expected number of evac- native. The Senate alternative will NOT VOTING—2 uees, the statutory cap could be maintain the critical assistance now Biden Kerry reached at any moment. Unless Con- being provided to evacuees, while at The PRESIDING OFFICER. On this gress acts quickly to raise the cap, the the same time offsetting the cost of vote, the yeas are 86, the nays are 12. ongoing repatriation efforts will be this assistance in a reasonable and re- Three-fifths of the Senators duly cho- suspended. We must not allow that to sponsible manner. sen and sworn having voted in the af- happen. I urge its adoption. firmative, the motion is agreed to. The legislation I have offered today, Mr. BAUCUS. Mr. President, I urge the Senate to adopt the Grassley-Bau- f along with my colleague from Mon- tana, Senator BAUCUS, will raise the cus amendment to the bill H.R. 5864— UNANIMOUS CONSENT cap to $6 million through the end of The Returned Americans Protection AGREEMENT—H.J. RES. 87 this fiscal year. This increase is ex- Act of 2006. This bill provides needed Mr. MARTINEZ. Mr. President, I ask pected to fully cover the anticipated resources to the United States Repatri- unanimous consent that at 12 noon on costs of the evacuation this year, as ation Program, which is currently as- Wednesday, July 26, the Senate proceed well as provide for the continued oper- sisting U.S. citizens who are returning to the immediate consideration of H.J. ation of the repatriation program next to United States from Lebanon. The United States Repatriation Pro- Res. 87, which was received from the year. gram was established by title XI, sec- House. I further ask unanimous con- In addition to temporarily raising tion 1113 of the Social Security Act to sent that there be 30 minutes equally the cap, this legislation would provide provide temporary assistance to U.S. divided between the two leaders or the States with the option to use the citizens and their dependents who have their designees, and that following the National Directory of New Hires to been identified by the Department of use or yielding of time, the joint reso- verify eligibility under the Food Stamp State as having returned, or been lution be read a third time and the Program. This language is similar to brought from a foreign country to the Senate proceed to a vote on passage the provisions in current law now being U.S. because of destitution, illness, without intervening action or debate. used to verify eligibility for the SSI war, threat of war, or a similar crisis. The ACTING PRESIDENT pro tem- Program and to collect delinquent The program is currently being used to pore. Is there objection? Without objec- child support payments. provide assistance to citizens returning tion, it is so ordered. According to the Congressional Budg- from Lebanon, but estimates indicate f et Office, the utilization of this option that the program could reach its statu- in the Food Stamp Program would save RETURNED AMERICANS tory spending cap at any moment. The roughly $1 million a year, thus offset- PROTECTION ACT OF 2006 cap is currently $1 million per fiscal ting the cost of raising the cap. Mr. MARTINEZ. Mr. President, I ask year. We have been asked by HHS to In contrast to the legislation passed increase the cap for fiscal year 2006 to unanimous consent that the Senate by the House yesterday, this legisla- proceed to the immediate consider- $6 million. tion does not sunset the repatriation The Grassley-Baucus amendment ation of H.R. 5865, which was received program. The repatriation program has lifts the cap for fiscal year 2006 from $1 from the House. been in operation, in one form or an- million to $6 million. The amendment The ACTING PRESIDENT pro tem- other, since the 1930s. There is no rea- also includes an offset from the Presi- pore. The clerk will report the bill by son to believe this program should be dent’s fiscal year 2006 budget to use the title. abolished. Thus, the sunset provision National Directory of New Hires, The legislative clerk read as follows: contained in the House bill is merely a NDNH, to improve the administration A bill (H.R. 5865) to amend the Social Secu- gimmick to create the appearance that of the Food Stamp Program. Access to rity Act to increase the limit on payments the bill is paid for when in fact it is the NDNH will help USDA verify wage for temporary assistance to U.S. citizens re- not. turned from foreign countries. and employment information on food On another matter, the House lan- stamp applications. That proposal was There being no objection, the Senate guage includes a requirement for an IG scored by CBO has providing $11 mil- proceeded to consider the bill. report on the repatriation program. lion in savings over 10 years. Mr. GRASSLEY. Mr. President, re- However, it does not appear such a re- We have worked with the Depart- cent events in the Middle East have led port is necessary. ment of Health and Human Services to the evacuation of thousands of U.S. According to ACF, under the emer- and other Government agencies in cre- citizens from Lebanon. This evacuation gency repatriation program each State ating this legislation. We believe we is being conducted by the U.S. State has an approved plan which they imple- have a reasonable and fiscally respon- Department. ment when needed. They are allowed to sible solution to this relatively minor However, the Department of Health assume costs for all of the activities problem. We urge the Senate to adopt and Human Services, or more specifi- contained in their approved plan. The our amendment, pass the bill, and send cally, the Administration for Children States then submit a detailed expla- the bill to the House for their imme- and Families, ACF, is responsible for nation of how the funds were spent, diate consideration. assisting U.S. citizens upon their re- along with supporting documentation. This bill involves a small and, thank- turn to the United States. Finally, it should be noted that the fully, seldom-used Federal program. Over the past several days, ACF has language in the House bill was in- But as recent news events have made established repatriation facilities at tended to lift the million-dollar cap for clear, this is a program that can pro- the Baltimore/Washington airport, the the current fiscal year. But it is not vide much-needed assistance to our Philadelphia airport, and McGuire Air entirely clear it accomplishes that constituents during difficult cir- Force Base in New Jersey. More than goal. Under current law, the cap is ef- cumstances. We should not allow these

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.001 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8217 important resources to be needlessly ‘‘(E) REIMBURSEMENT OF COSTS.—The State dom and Democracy Act, I want to delayed. agency shall reimburse the Secretary, in ac- make a few comments about the speech Mr. MARTINEZ. Mr. President, I ask cordance with subsection (k)(3), for the costs of the Prime Minister of Iraq which we unanimous consent that the Grassley- incurred by the Secretary in furnishing the just had an opportunity a few moments Baucus substitute amendment at the information requested under this para- graph.’’. ago to hear in the joint session over in desk be agreed to, the bill, as amended, the House Chamber. The amendment was ordered to be be read a third time and passed, the Today we mark a step forward in the engrossed and the bill to be read a motion to reconsider be laid upon the war on terror. A mere 31⁄2 years ago, third time. table, and that any statements relating the dictator, Saddam Hussein, would The bill (H.R. 5865), as amended, was to the bill be printed in the RECORD. have addressed his regime’s legislature read the third time, and passed. The ACTING PRESIDENT pro tem- of lackeys. Today, the democratically pore. Without objection, it is so or- f elected Prime Minister of Iraq ad- dered. JOINT MEETING OF THE TWO dressed a joint meeting of the U.S. The amendment (No. 4695) was agreed HOUSES—ADDRESS BY THE Congress. to, as follows: PRIME MINISTER OF THE RE- A mere 31⁄2 years ago, the dictator, Strike all after the enacting clause and in- PUBLIC OF IRAQ Saddam Hussein, ruled Iraq. He terror- sert: ized his own countrymen with murder, SECTION 1. PAYMENTS FOR TEMPORARY ASSIST- RECESS ANCE TO UNITED STATES CITIZENS The PRESIDING OFFICER. Under torture, and weapons of mass death. He RETURNED FROM FOREIGN COUN- posed a security threat to the entire TRIES. the previous order, the Senate will stand in recess until 12 noon for a joint region and to the United States. The (a) INCREASE IN AGGREGATE PAYMENTS international community decided he LIMIT FOR FISCAL YEAR 2006.—Section 1113(d) meeting with the Prime Minister of of the Social Security Act (42 U.S.C. 1313(d)) Iraq. had to face serious consequences. is amended by inserting ‘‘, except that, in Thereupon, the Senate, at 10:40 a.m., In March of 2003, America, as we all the case of fiscal year 2006, the total amount recessed until 12 noon, and the Senate, well know, led a multinational coali- of such assistance provided during that fiscal preceded by the Secretary of the Sen- tion of forces to depose the dictator year shall not exceed $6,000,000’’ after ‘‘2003’’. ate, Emily Reynolds; the Deputy Ser- and to liberate Iraq. Since then, the SEC. 2. DISCLOSURE OF INFORMATION IN THE DI- geant at Arms, Lynne Halbrooks; the country has made remarkable progress RECTORY OF NEW HIRES TO ASSIST as it throws off the shackles of tyranny ADMINISTRATION OF FOOD STAMP Vice President of the United States; PROGRAMS. and the President pro tempore, Mr. and embraces democracy. Section 453(j) of the Social Security Act (42 Iraqis have held three successful na- STEVENS, proceeded to the Hall of the U.S.C. 653(j)) is amended— House of Representatives to hear the tional elections, ratified a constitu- (1) by redesignating the second paragraph tion, elected a permanent unity gov- (7) as paragraph (9); and address by Prime Minister Maliki of the Republic of Iraq. ernment, and formed a cabinet with a (2) by adding at the end the following new strong prime minister at its head: paragraph (The address delivered by the Prime ‘‘(10) INFORMATION COMPARISONS AND DIS- Minister of the Republic of Iraq to the Prime Minister Nouri al-Maliki, whom CLOSURE TO ASSIST IN ADMINISTRATION OF joint meeting of the two Houses of Con- we had the pleasure of hearing from FOOD STAMP PROGRAMS.— gress is printed in the Proceedings of just an hour or so ago. ‘‘(A) IN GENERAL.—If, for purposes of ad- the House of Representatives in today’s It took our country 13 years to go ministering a food stamp program under the from independence to the implementa- Food Stamp Act of 1977, a State agency re- RECORD.) At 12:02 p.m., the Senate having re- tion of our Constitution. Iraqis have sponsible for the administration of the pro- done it in 3—and under the glare of the gram transmits to the Secretary the names turned to its Chamber, reassembled and social security account numbers of indi- and was called to order by the Pre- 24-hour news cycle coverage and the viduals, the Secretary shall disclose to the siding Officer (Ms. MURKOWSKI). threat of terrorist attacks. State agency information on the individuals When Prime Minister Maliki as- f and their employers maintained in the Na- cended to the podium today, it was tional Directory of New Hires, subject to this BURMESE FREEDOM AND hard to deny the importance of the mo- paragraph. DEMOCRACY ACT ment. His presence in this Capitol rep- ‘‘(B) CONDITION ON DISCLOSURE BY THE SEC- The PRESIDING OFFICER. Under resents a victory for democracy. And RETARY.—The Secretary shall make a disclo- his country is, and will continue to be, sure under subparagraph (A) only to the ex- the previous order, the Senate will pro- tent that the Secretary determines that the ceed to the consideration of H.J. Res. an important ally in the war on terror. disclosure would not interfere with the effec- 86, which the clerk will report. Of course, there will be many tough tive operation of the program under this The assistant legislative clerk read days ahead in Iraq. There is no denying part. as follows: that the security situation represents a ‘‘(C) USE AND DISCLOSURE OF INFORMATION A joint resolution (H.J. Res. 86) approving real challenge. But America does not BY STATE AGENCIES.— the renewal of import restrictions contained avoid challenges, and we do not aban- ‘‘(i) IN GENERAL.—A State agency may not in the Burmese Freedom and Democracy Act don our allies when the going gets use or disclose information provided under of 2003, and for other purposes. tough. this paragraph except for purposes of admin- istering a program referred to in subpara- The PRESIDING OFFICER. There We are moving forward in Iraq. The graph (A). will now be 30 minutes of debate equal- country recently realized its highest ‘‘(ii) INFORMATION SECURITY.—The State ly divided. oil production and export levels since agency shall have in effect data security and Mr. MCCONNELL. Madam President, before its liberation, and during the control policies that the Secretary finds ade- I ask unanimous consent that the de- past 3 years, per capita income in Iraq quate to ensure the security of information bate from 12:30 to 6:30 this evening on has doubled. obtained under this paragraph and to ensure energy security be equally divided be- I would also like to call to my col- that access to such information is restricted tween the two leaders or their des- leagues’ attention an article titled to authorized persons for purposes of author- ized uses and disclosures. ignees with respect to the motion to ‘‘Iraq as a Sovereign Nation’’ written ‘‘(iii) PENALTY FOR MISUSE OF INFORMA- proceed to S. 3711; provided further by the Prime Minister that appeared in TION.—An officer or employee of the State that following any opening remarks of Monday’s Wall Street Journal. It agency who fails to comply with this sub- the two leaders on Thursday, July 27, points to very tangible proof that Iraq paragraph shall be subject to the sanctions the motion to proceed be agreed to, and is moving forward. under subsection (l)(2) to the same extent as the Senate then begin the consider- The Iraqi province of al-Muthanna, if the officer or employee were an officer or ation of S. 3711. located at the southernmost border of employee of the United States. The PRESIDING OFFICER. Without that country, has become the first ‘‘(D) PROCEDURAL REQUIREMENTS.—State objection, it is so ordered. province in which local Iraqi forces agencies requesting information under this paragraph shall adhere to uniform proce- ADDRESS OF IRAQI PRIME MINISTER NOURI AL- have taken full responsibility for law dures established by the Secretary governing MALIKI enforcement and security, taking over information requests and data matching Mr. MCCONNELL. Madam President, for our coalition forces. President Bush under this paragraph. before speaking on the Burmese Free- has frequently said: As Iraqis stand up,

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.012 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8218 CONGRESSIONAL RECORD — SENATE July 26, 2006 we will stand down. That is exactly The Prime Minister is exactly right. Ibrahim Gambari, the United Nations what has happened in al-Muthanna, For that reason, America must stand Under-Secretary-General for Political home to over a half million Iraqis. firm in the war on terror, and we must Affairs, visited Burma in May as a rep- Local Iraqi police and military have stand side by side with our Iraqi allies resentative of Secretary-General Kofi stood up and taken the place of 1,400 in their war on the terrorists. Annan. He met with the ringleaders coalition troops. The Governor of al- Before I finish, let me say a few with the SPDC as well as Nobel Peace Muthanna has command of the provin- words about the current situation in Prize winner, Daw Aung San Suu Kyi, cial police. Iraqi national police and the Middle East regarding Israel and who, as I indicated earlier, is a polit- Iraqi Army troops will operate in the Hezbollah. Israel is America’s long- ical prisoner and has been the leader of province under the control of the standing friend and an ally in the war that country’s democracy movement Prime Minister and the National Gov- on terror. In fact, the horrors of Sep- for quite some time. Suu Kyi, as I indi- ernment. tember 11 awoke many in this country cated earlier, has spent 10 of the last 17 The transfer of power in al-Muthanna to what Israelis face daily and have years in detention or under house ar- is only the first step. The Prime Min- faced daily for literally years. That rest for her efforts to bring freedom ister writes that ‘‘current estimates country has been and continues to be and democracy to her people. Many envision half of Iraqi’s provinces trans- on the front lines of the war on terror. other members of her party, the Na- ferring security responsibility before I, for one, support Israel’s efforts dur- tional League for Democracy—the the end of 2006’’—this year. He and I ing this intense time to do whatever it NLD—have been detained as well. agree that this process should not be takes to defend her people and her bor- After returning, U.N. Diplomat driven by an arbitrary timeline but by ders. Gambari wrote a column for the Inter- the situation on the ground; neverthe- Maybe some have forgotten, but the national Herald-Tribune titled ‘‘A less, this is an encouraging sign. terrorist group, Hezbollah, killed 241 Crack in the Burmese Door.’’ After ac- He goes on to write that the deci- American service men and women in knowledging the SPDC’s years of re- sions for future transfers of power will Beirut in 1983. Hezbollah’s love of death pression and misrule, Gambari wrote: be made based on the threat assess- and destruction is on a par with al- Last month, something seemed to change. ment in the province, the readiness of Qaida. They are enemies to every Burma’s locked door popped open a small the local Iraqi forces, the readiness of peace-loving, democratic country. crack. the local governmental authorities, They are a threat, and Israel has a Gambari wrote this based on his dis- and overall coalition force posture. right to pursue them wherever they cussions with the SPDC. But I think we The historic achievement of local exist. should judge actions rather than control in al-Muthanna represents an Now, Madam President, if I may, I words, and those actions tell an en- important step forward in our mission would like to turn to speak in support tirely different story. In fact, nothing in Iraq. As Iraqis stand up, we will of the Burmese Freedom and Democ- fundamentally has changed in Burma. stand down, and we will leave behind a racy Act, which is the bill before us Suu Kyi remains under house arrest proud and free Iraq. this afternoon. and the regime continues to engage in The Prime Minister ends his article This May, along with a number of co- outrageous behavior. by saying: sponsors, including my good friends, I do not share Mr. Gambari’s opti- Senator FEINSTEIN and Senator With God’s help, and continued assistance mistic view that the SPDC is ready to, from the coalition, our regional neighbors MCCAIN, I introduced this bill for Sen- as he puts it, ‘‘turn a new page.’’ In my and the larger international community, our ate consideration. Passage of this bill view, the junta is only interested in de- people will unite and prosper. Together, we would mean continued sanctions flecting growing pressure from the can and will succeed. against the illegitimate, dictatorial re- international community to change its I think we should all commend the gime that currently holds Burma lit- repressive ways—and in avoiding the Prime Minister for his vision and lead- erally in its grip—the Orwellian-named U.N. Security Council’s consideration ership. America will and must continue State Peace and Development Council, of a nonpunitive resolution that ad- to stand by Iraq. None of what has been or SPDC. This Senate will be acting on dresses the threat the SPDC poses to achieved in the last 3 years there has behalf of those in Burma who are being its own people and the entire region. been at all easy, but we have succeeded repressed. The Burmese people want Shortly after Mr. Gambari’s visit, and we will continue to succeed be- these sanctions because they want de- Suu Kyi’s house arrest was extended cause freedom and democracy are mocracy, justice, and freedom, and we for another year—double the length of stronger than the terrorists’ tools of stand with them. the extensions she typically receives, mayhem and fear. I see my friend, Senator MCCAIN, under the regime’s perverted concept of Great credit must go to President here to speak on this issue as well. He a legal process. Bush for his strong leadership in the has actually had the privilege of meet- Even worse, Suu Kyi’s life. was war on terror which has enabled us to ing with Daw Aung San Suu Kyi, the threatened in a state-run newspaper. reach this transfer of power in al- hero of Burmese independence, an op- The New Light of Myanmar, a mouth- Muthanna, and soon, in other provinces portunity that has been denied to most piece for the SPDC junta, printed the because she has been essentially under as well. I also commend the Iraqi Gov- following in a story on July 6: house arrest for 10 of the last 17 years. ernment, Iraqi police, and Iraqi secu- The days of Daw Suu Kyi and NLD are The broad, bipartisan coalition in numbered. They are heading for the tragic rity forces for their hard work in pro- this Chamber for this legislation indi- moting stability in the country. end . . . Daw Suu Kyi and the National cates America’s firm resolve to oppose League for Democracy (NLD) pose the most Of course, Madam President, I know the tyrannical SPDC regime, and dangerous threat to the nation. our colleagues join me in thanking the America’s recognition that Burma, That is an ominous threat. And the men and women of America’s Armed under the SPDC, poses an immediate people who make it have the power to Forces for their courage, dedication, threat to its region. To put it simply, see it carried out. and sacrifice. the allies of the Burmese people have a They have made an attempt on her Stability in Iraq means stability in moral obligation to continue to stand life before, and are apparently threat- the region and greater security at up against the SPDC. I take great pride ening to do so again. home. As the Prime Minister said in that we are continuing to do so. In addition to the immediate danger his speech just delivered, according to As many of my colleagues are well its misrule poses to the Burmese peo- translation: aware, last year, the extension of sanc- ple, we cannot forget for a single mo- Do not imagine that this problem [of ter- tions was signed into law by President ment that the military regime in Ran- rorism] is solely an Iraqi problem, because Bush on July 27, 2005. It enjoyed goon poses a significant and non-tradi- the terrorist front represents a threat to all free countries and free peoples of the world. strong, bipartisan support and passed tional threat to the entire region. . . .The responsibility of facing this chal- this body by a vote of 97 to 1. Unfortu- Their litany of abuses is well known. lenge lies on the shoulders of every country nately, recent events have reminded us Refugees spill into Thailand, fleeing and every people that respects and cherishes of the need to keep up the pressure on the SPDC’s brutal war against ethnic freedom. the villainous SPDC regime. minorities.

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.033 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8219 Illegal drugs pour across Burma’s for freedom and democracy. It is time when it comes to repression in Burma. borders into China, India, and Thai- for the U.N. Security Council to do the The U.S. Congress has been in the fore- land, and destroy the lives of the re- same. front of efforts to isolate that country, gion’s youth. Madam President, I yield the floor. and we stepped up these measures sig- And an unchecked HIV/AIDS virus The PRESIDING OFFICER. The Sen- nificantly in 2003 with the Burmese closely follows drug trafficking routes, ator from Arizona is recognized. Freedom and Democracy Act. In doing leaving disease and human tragedy in Mr. MCCAIN. Madam President, I so, we took active steps to pressure the its wake. thank Senator MCCONNELL and Senator military junta, and we sent a signal to It is worth noting that the SPDC FEINSTEIN for their leadership once the Burmese people that they are not spent $70,000 in 2004 to combat HIV/ again in renewing the sanctions con- forgotten—that the American people AIDS. This is in stark contrast to the tained in the 2003 Burmese Freedom care about their freedom and will stand millions of dollars spent on weapons and Democracy Act. I am proud to co- up for justice in their country. Today’s from China and Russia—and, according sponsor and support this resolution. renewal of the import restrictions— to recent news reports, North Korea. I again thank the Senator from Ken- sanctions that are supplied by sup- This is no time for the international tucky and the Senator from California ported by the National League for De- community and multilateral organiza- for their leadership and their advocacy. mocracy—is just one of those steps. I tions, including the Association of I thank Senator MCCONNELL for his believe that these restrictions must re- Southeast Asian Nations, ASEAN, to very strong and inspirational remarks main in place until Burma embarks on soften its stance on Burma. that he completed. a true path of reconciliation—a process I want to emphasize for my col- As we renew these sanctions, the sit- that must include the NLD and Bur- leagues one very important point. This uation inside Burma continues to wors- mese ethnic minorities. Senate has already done much on be- en still. The military junta in that But the import ban must not be the half of the Burmese people. Now it is country controls the population only step. The U.S. has pushed for a time for the U.N. to do its part. through a campaign of violence and resolution at the United Nations Secu- We need less talk and more action at terror, and the lack of freedom and jus- the U.N. in support of democracy, free- rity Council, and this step should gar- tice there is simply appalling. The Bur- ner wide support. The Europeans and dom, and justice in Burma. We must mese regime has murdered political op- keep in mind that the situation is so ASEAN too should take up the Burma ponents, used child soldiers and forced issue and put it on their front burners. dire in Burma that the U.N. has al- labor, and employed rape as a weapon ready adopted 28 nonbinding resolu- Every responsible member of the inter- of war. Political activists remain im- national community must realize that tions regarding that country. It is now prisoned, including elected members of time for the U.N. Security Council to the desire of people to be free is uni- parliament. And that courageous act. versal, and it does not stop at the gates woman, Aung San Suu Kyi, has spent The criteria and justification for of Rangoon. The people of Burma de- bringing a country before the Security yet another year in captivity. sire freedom and democracy, they have Aung San Suu Kyi’s resolve in the Council was outlined in a report com- expressed this desire, and they shall face of tyranny inspires me and, I be- missioned by former Czech President one day have it. The question is not lieve, every individual who holds de- Vaclav Havel and South African Arch- ‘‘if’’ but ‘‘when.’’ We shall help them mocracy dear. Because she stands for bishop Desmond Tutu. There is no one get there, and we shall never forget in this Chamber who does not applaud freedom, this heroic woman has en- their brave struggle. their sustained efforts to bring about a dured attacks, arrest, captivity, and Again, I thank the Senator from Ken- peaceful solution to the Burma prob- untold suffering at the hands of the re- tucky and the Senator from California lem. gime. Burma’s rulers fear Aung San for their leadership on this very impor- In fact, the Senate passed in May a Suu Kyi because of what she rep- tant issue. measure that I sponsored calling on the resents—peace, freedom and justice for There are many issues that are be- U.N. Security Council to discuss a all Burmese people. The thugs who run fore America’s attention today and binding, nonpunitive resolution on the country have tried to stifle her that dominate our television and our Burma that calls for the immediate voice, but they will never extinguish newspapers. But this struggle for free- and unconditional release of Suu Kyi her moral courage. Her leadership and dom on the part of the Burmese people and all other political prisoners in that example shine brightly for the millions has been there before and, unfortu- country; an end to abuses against mi- of Burmese who hunger for freedom nately, will be after. We must be stead- norities, including the use of rape as a and for those of us outside Burma who fast in our advocacy until they attain weapon of war; and the beginning of a seek justice for its people. The work of the freedom that they deserve under meaningful national reconciliation Aung San Suu Kyi and the members of the leadership of this magnificent, process that includes the unfettered the National League for Democracy Nobel Prize-winning hero for men and participation of the NLD and ethnic must be the world’s work. We must women throughout the world. minorities with the SPDC. continue to press the junta until it is I yield the floor. It is time for the U.N. Security Coun- willing to negotiate an irreversible The PRESIDING OFFICER. The Sen- cil to take such action. It is time for transition to democratic rule. The Bur- ator from Kentucky. free nations to stand for freedom. mese people deserve no less. Mr. MCCONNELL. If I can say to my I specifically call on the respective And, while we see encouraging signs friend from Arizona before he leaves governments of Ghana and the Repub- that the world is no longer content to the floor, it is hard to imagine that the lic of Congo, current nonpermanent sit on the sidelines, not everyone has world simply doesn’t pay any attention members of the Security Council, to gotten the message. Nine years after to this outrageous regime. I ask my support this resolution. Burma joined ASEAN, the Southeast friend, if they had a weapon of mass de- Ghana, in particular, is a country Asian nations remain too passive in struction, probably we would be paying that values freedom and the rule of the face of Burma’s outrages. The Eu- a little more attention to this pariah law, and support for the resolution ropean Union has recently announced regime—does my friend from Arizona would unequivocally demonstrate that that it will waive a travel ban on Bur- not agree? they stand on the side of justice in ma’s top leaders so that the Burmese Mr. MCCAIN. I agree with my friend Burma. foreign minister can attend the Asia- from Kentucky. Let me respond by ref- I urge our Representative to the Europe meeting in Finland this Sep- erencing, again, this struggle carried United Nations to continue efforts to tember. It is hard to see what new ac- out by this magnificent woman. She move toward Security Council consid- tions the Burmese junta must commit has endured 17 years of house arrest. eration of a nonpunitive resolution on in order to induce the world to treat When her husband was in England, he Burma. To do any less would be to take the junta like the pariah it wishes to was dying of cancer. She has two sons, a step backward. be. by the way. He was dying of cancer, Mr. President, the Congress has stood At least there should be no mis- and she wanted, of course, to go to be with the people of Burma in their quest taking where the United States stands with her husband in his last hours. The

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.003 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8220 CONGRESSIONAL RECORD — SENATE July 26, 2006 junta said: Yes, you can go, but you Act of 2003, and we have renewed the turned to freer markets to bolster their can never come back. sanctions called for under that legisla- growth, Burma has actually worked to Among the incredible sacrifices she tion every year since then. dismantle fundamental economic insti- has made, she was not even allowed to That legislation is set to expire this tutions like property rights, contract be with her husband as he died. summer, and we are now considering enforcement, sustainable fiscal poli- One time she was surrounded by whether to extend its provisions for an- cies, and a reliable currency. these thugs who killed some of her sup- other 3 years. It is difficult to imagine an environ- porters. She was in a car for a week— Tragically, Burma’s human rights ment less conducive to growth and less inside of her car for a week, surrounded record has worsened, rather than im- attractive to foreign investment. Reve- by these unspeakable, brutal thugs who proved, in the 3 years since Congress nues from oil and gas exports flow to were the goons of this regime. enacted the Burmese Freedom and De- the regime. Businesses and farmers are The things she has undergone. Yet, mocracy Act. routinely shaken down. And productive incredibly, whenever she is with these Earlier this year, the detention of assets are concentrated in the hands of thugs from this junta, she treats them Aung San Suu Kyi was extended for an- the regime’s cronies. with the utmost courtesy. She serves other year. More than 1,100 political In December of last year, America them tea. She treats them as only a prisoners languish in jail in Burma, led the effort that produced the U.N. woman of her caliber can treat her prevented from expressing their aspira- Security Council’s first-ever discussion mortal enemies. tions for a democratic government. of the human rights abuses in Burma. I Her story needs to be told and retold The military junta ruling Burma still welcome the administration’s efforts throughout the world, thousands and refuses to enter into a dialog with the to increase international pressure on thousands of times. As a person who is opposition National League for Democ- the military dictatorship. a hero worshiper, an admirer, I believe racy. Its brutal treatment of ethnic mi- But if we are serious about trying to that heroes have an important place in norities and advocates of democracy isolate the junta through sanctions, we our Nation and the world. When I see remains unabated. Forced labor is a cannot act alone. The European Union her, she ranks in the first ranks of he- widespread problem, and labor activists has also imposed sanctions on Burma, roes in the world. It seems to me, with are regularly imprisoned for trying to but neighboring countries continue to all due respect to the other nations of combat it. trade with Burma and to direct invest- the world—our European friends, our The failure of Burma’s dictators to ment there. ASEAN friends, and others—that we address the HIV/AIDS and avian influ- The administration needs to work should be far more energetic in her ad- enza situation in the country contrib- with other countries, especially the vocacy and advocacy of freedom for her utes to the horrific situation of the countries in the region Thailand, people. Burmese people. I thank the Senator from Kentucky. China, India—that are still economi- And the regime’s effects are not con- Mr. MCCONNELL. I thank the Sen- cally engaged with the dictatorship to ator as well. He makes a very impor- fined to Burma’s borders. Thousands of intensify the pressure on the regime. tant point. refugees have fled to Thailand, Malay- The countries in the region have the The United Nations has not re- sia, India, and Bangladesh. Burma is most to lose from the worsening of the sponded to efforts to prod them into the world’s second largest opium pro- situation in Burma. As the oppression moving this item up on the agenda. It ducer, supplying 90 percent of the her- and abuse continue, more refugees will could well be because of the lack of en- oin from Southeast Asia. It is also the flee across the borders. As the junta fo- thusiasm, shall I say, of the Chinese single largest producer of methamphet- cuses on enriching itself and ignoring and the Russians—two permanent amine in the region. the needs of its people, more drugs will members of the Security Council. Nev- One year ago, nearly to the day, I flow across the border, and the risk of ertheless, the efforts persist. This U.S. stood on the Senate floor and ques- diseases like HIV/AIDS, malaria, anti- sanctions bill is important, but it is tioned whether these economic sanc- biotic-resistant tuberculosis, and avian not going to get the job done. We know tions were the most appropriate tool influenzas will increase in the region. that. It would require multilateral for bringing about the kind of change Despite my reservations about the ef- sanctions of a dramatic basis, such as we need to see in Burma. fectiveness of sanctions to effect were imposed against South Africa, to The arguments against economic change, I will support this resolution, get the job done. At least at this point, sanctions continue to be quite compel- extending the Burmese Freedom and the ASEAN countries seem to be more ling. First of all, they have a very poor Democracy Act for a further 3 years. interested in doing business there than record of success. The kinds of govern- This extension adds our voice to the they are squeezing the regime. ments that merit this sort of treat- voice of the Burmese people, muffled There was, however, one encouraging ment are not sensitive to international by the oppressive regime, in calling out sign. Burma was scheduled to host the opprobrium, nor are they swayed by it for democracy and human rights. It is ASEAN meeting this year. That did, I to make changes. Second, economic my hope that our action today will in- think, embarrass the members to the sanctions tend to hurt the people that crease the awareness of the worsening extent that they were unwilling to do they are intended to help. Ordinary human rights situation and bolster that. So ASEAN obviously is not meet- people lose their jobs, while the mili- international support for democracy in ing in Burma in 2006. tary and its leaders are left untouched. Burma. The struggle continues. I thank our Third, severing economic ties shuts off Mr. GRASSLEY. Madam President, I colleagues. This is going to pass on a an important avenue of dialog that can rise in support of H.J. Res. 86, which voice vote shortly. I thank our col- promote change. will renew the import ban we first im- leagues for their awareness of this Those who support the sanctions posed on Burma in 2003. issue. I think it is one that will be be- point out, rightly, that Burma’s rulers The Burmese Freedom and Democ- fore us for some time to come. are not willing to engage in dialog, ei- racy Act was our response to the rep- I don’t know if there are other speak- ther at home or with its neighbors. It rehensible attack on the National ers. I see the Democratic leader. Does is plain that Burma’s military dic- League for Democracy which occurred he wish to speak on this bill? tators are not interested in being mem- on May 30, 2003, and the arrest of many I yield the floor. bers of the international community. NLD officials, including their leader, Mr. BAUCUS. Madam President, 3 They have rebuffed the United Nations. Daw Aung San Suu Kyi. years ago, Burma’s military junta ar- And they have refused to allow U.N. I worked with my colleagues, Sen- rested democracy advocate Aung San Special Rapporteur on Human Rights ator MCCONNELL and Senator BAUCUS, Suu Kyi and returned her to the house Paulo Sergio Pinheiro to visit Burma to develop and pass that legislation. arrest that she has endured with only since November 2003. We authorized a ban on imports from intermittent periods of release since They are equally uninterested in im- Burma for 3 years, subject to annual 1989. proving the lives of their people, or renewal by Congress. Three years ago, Congress enacted participating in the global economy. Well, the 3 years are about to end, the Burmese Freedom and Democracy While more and more nations have and unfortunately the situation in

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.036 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8221 Burma has not improved. The latest re- The human rights situation in Burma By taking a leadership role on this port from the State Department notes is deplorable and demands a clear, uni- issue, the United States has inspired the continuation of killings and rape, fied response from the international other countries in the United Nations use of forced labor, forced conscription, community: 1,300 political prisoners to put pressure on Burma to respect arrests and disappearances of political are still in jail; according to a report the wishes of its people and the inter- activists, and other abuses by the rul- by the Asian human rights group, As- national community to release Suu Kyi ing military junta. And on May 23, 2006, sistance Association for Political Pris- and restore a democratic, representa- the ruling junta extended for another oners, 127 democracy activists have tive government. year the unjustified house arrest of been tortured to death since 1988; 70,000 They have begun to recognize that— Daw Aung San Suu Kyi. To renew trade child soldiers have been forcibly re- as the Havel-Tutu report documents— with Burma now would send exactly cruited; the practice of rape as a form Burma’s actions not only represent a the wrong signal. We need to renew the of repression has been sanctioned by threat to the rights and freedoms of import ban as a visible demonstration the Burmese military; use of forced the Burmese people, but to the region to the ruling junta that their actions labor is widespread; human trafficking and international community as a are unacceptable and that they must is rampant; and the government en- whole. change their ways. gages in the production and distribu- I strongly urge those members of the We also need to encourage other na- tion of opium and methamphetamine. Security Council who have not done so tions to take strong action. The Euro- Given this substantial list of abuses, to add their names to the growing list pean Union has imposed some sanc- it is no surprise that a recent report by of countries who support adding Burma tions. Canada, Australia, Japan, and former Czech President Vaclav Havel to the council’s agenda. Passage of this Norway also have some restrictions in and retired archbishop Desmond Tutu legislation today will serve as another place. I think they should each join us of South Africa—‘‘Threat to Peace: A beacon of hope for the Burmese people in doing more. Other nations should be Call for the UN Security Council to Act and another example of leadership that acting as well, in particular, China. I on Burma’’—confirms the need for will bring other countries to their side. urge the administration to continue United Nations intervention. I remind my colleagues that under engaging our trading partners to join It details how the situation in Burma the provisions of this legislation, we us in strengthening sanctions against fulfills each of the criteria used for will have the opportunity to debate the ruling military junta. We need to past intervention by the Security sanctions on Burma every year. That is work together in order to spur mean- Council: overthrow of an elected gov- how it should be. ingful democratic reform in Burma. ernment; armed conflicts with ethnic Sanctions are not a panacea for every For these reasons, I support author- minorities; widespread human right foreign policy dispute. But, when they izing the import ban for another 3 violations; outflow of refugees—over are backed by a robust international years, and I support the outright re- 700,000—and drug production and traf- response, they can be effective and newal of the import ban for another ficking and the spread of HIV/AIDS. they can compel change. year. I, therefore, urge my colleagues The report should be required reading Archbishop Desmond Tutu has right- to join me in supporting passage of for all members of the United Nations ly said, ‘‘As long as [Suu Kyi] remains H.J. Res. 86 and getting it to the Presi- who doubt whether or not the Security under house arrest, not one of us is dent’s desk for his signature as soon as Council should take up Burma imme- truly free’’. possible. diately. Today, I urge the SPDC to release Mrs. FEINSTEIN. Madam President, Some may argue that because the Aung San Suu Kyi, recognize the 1990 I rise today in support of legislation to sanctions have not achieved their de- elections, and engage in a true dialogue renew the ban on all imports from sired goals—the release of Suu Kyi, the with the National League for Democ- Burma for another year. restoration of a free and democratic racy. The House unanimously passed this Burma—they should be terminated. I urge the United Nations Security bill earlier this month and I urge the I could not disagree more. First, Council to debate and pass a binding, Senate to follow suit today. Aung San Suu Kyi and the democratic nonpunitive resolution on Burma that This bill amends the original Bur- opposition continue to support a ban recognizes the threat the regime poses mese Freedom and Democracy Act of on all imports from Burma. to the region and calls for Suu Kyi and 2003 to allow the sanctions to be re- Second, the international community all prisoners of conscience to be re- newed, 1 year at a time, for up to 6 is coming together to put pressure on leased. years. Burma: In July 2005, ASEAN forced And, finally, I urge the Senate to Simply put, the ruling military Burma to forgo its scheduled rotation renew the sanctions on Burma for an- junta, the State Peace and Develop- as chairman of the organization; on De- other year. ment Council has done nothing over cember 16, 2005, the U.N. Security The PRESIDING OFFICER. The the past 3 years to warrant a lifting of Council debated the situation in Burma Democratic leader. the sanctions. for the first time. Mr. REID. Madam President, the It has failed miserably to make ‘‘sub- Last month, the United Nations Senator from Kentucky has been work- stantial and measurable progress’’ to- Under Secretary for Political Affairs ing on this matter for years. I appre- wards recognition of the 1990 elec- briefed members of the Security Coun- ciate his vigilance and diligence. I also tions—decisively won by Aung San Suu cil on his meeting with Suu Kyi, her say to my friend from Arizona, for the Ky’s National League for Democracy— first meeting with a foreigner since Senator from Arizona to stand and talk and a full restoration of representative 2004; a group of legislators from mem- about brutality and suppression means government. ber countries strongly urged ASEAN a lot. He understands it. We all know If we vote to lift the sanctions pre- last week to take concrete measures to he understands it, having been a victim maturely, we will only reward Rangoon resolve the political situation in of that for years when he was a pris- for its rejection of democracy, human Burma; Malaysian Foreign Minister oner of war. I appreciate the leadership rights, and the rule of law. Syed Hamid Albar, whose country cur- of these two fine Senators moving this Let us review the facts. rently chairs ASEAN, blasted Burma in matter forward. Aung San Suu Kyi, Nobel Peace Prize an op-ed in the Wall Street Journal I am going to speak on another issue recipient and leader of the National this week for undermining the credi- at this time, Madam President. Are League for Democracy, is confined to bility of ASEAN by not moving closer there others from either side who are her home by orders of the military to democracy. going to speak on this matter? junta. She recently celebrated her 61st And, finally, I believe we are making Mr. MCCONNELL. I say to my friend birthday under house arrest and on progress on having a majority of the from Nevada, I am not aware of any June 9, 2006, her detention was renewed United Nations Security Council sup- other speakers on either side. for another year. port adding Burma to the agenda of the Mr. REID. Then we should pass it, She has spent the better part of the Security Council for debate and pos- and I will get the floor and move on. past 16 years imprisoned or under sible passage of a binding, nonpunitive Mr. MCCONNELL. How much time house arrest. resolution on Burma. remains?

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.005 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8222 CONGRESSIONAL RECORD — SENATE July 26, 2006 The PRESIDING OFFICER. There is year about this time, we spent several in Pass Christian, MS. I will always re- 14 minutes. weeks on it as we considered virtually member that in my mind’s eye—the Mr. MCCONNELL. I yield the remain- everybody’s good idea about what to devastation from the wind. der of the time on this side. do, either on the conservation side or But this legislation gives New Orle- Mr. REID. I yield all of our time. the production side. ans, LA, hope because it provides a The PRESIDING OFFICER. All time So I say to my good friend, the only source of money to restore the wet- is yielded back. The question is on way to achieve success, it strikes the lands that are being devastated. That third reading and passage of the joint sponsors of the bill, is to keep it very is the basis for my strong support of resolution. narrowly crafted and to pass it as is this piece of legislation. This bill will The joint resolution (H.J. Res. 86) out of the Senate. help them get the resources which are was ordered to a third reading, was I know that is not what we custom- needed to rebuild in a sustainable man- read the third time, and passed. arily do, but this is an unusual situa- ner. Mr. MCCONNELL. Mr. President, I tion. We are trying to respond to high Everyone in Louisiana should know move to reconsider the vote, and I energy prices in America. Even though that they have a tireless champion in move to lay that motion on the table. natural gas prices have subsided some- Senator MARY LANDRIEU. I wish I could The motion to lay on the table was what in recent months, we anticipate express to her father, Moon Landrieu, agreed to. them going up again next fall. There is former mayor of New Orleans, a Cabi- f a good chance that the futures market net Secretary here in Washington, as I in natural gas will actually respond fa- have done in the past. I wish I could ex- GULF OF MEXICO ENERGY SECU- vorably to this measure, if we can get press my support and admiration of his RITY ACT OF 2006—MOTION TO it out of the Senate. Natural gas daughter MARY LANDRIEU, a wonderful PROCEED—Continued prices, we all know, are set in America. family of 10 children. She has done so The PRESIDING OFFICER. The mi- It is not a global price setting. It could much work in this regard. If it weren’t nority leader. provide immediate relief to natural gas for her efforts, without any question Mr. REID. Madam President, today customers all over America. the Senate would not be considering the Senate is considering a bill that For all of those reasons, I object. and passing this bill, which we will do represents a positive step for our Na- The PRESIDING OFFICER. Objec- in a few days. I am not going to be able tion’s energy security. The Gulf of tion is heard. to say this to Moon Landrieu today, Mexico Energy Security Act can play a Mr. REID. Madam President, I am but I am sure I will in the near future, role in building a better energy future disappointed that the majority has ob- and tell him about the good work his for our country and especially a better jected. I think the proposal I made daughter has done here. Her whole fam- future for the people of the gulf coast. would permit the Senate to make im- ily should be proud of her, and the I want the record to reflect my deep provements to the bill. We limited the whole State of Louisiana should be appreciation to Senator BINGAMAN, number of amendments and we cer- happy and satisfied with the work she who is the ranking member of this En- tainly would be willing to limit the has done in this regard. ergy Committee, for working with us time on them. But I understand the ob- For the first time in the history of on this issue. Senator BINGAMAN has— jection of the majority. this country, the delta area of the Mis- at least to my understanding—no prob- This legislation opens approximately sissippi River, because of the work we lems with where this bill will allow the same area President Clinton pro- have done on it through the Corps of drilling. He has concerns as to how the posed when he was President. This Engineers, and all the other govern- money is going to be allocated fol- would be opening an area of oil and gas mental entities, which is one of the lowing the drilling. I understand his exploration in the Gulf of Mexico. But reasons the gulf is washing away, that concern and appreciate it. Senator when President Bush came into office, we will be able to for the first time BINGAMAN is the epitome of a gen- he narrowed the consideration at the have a long-term project to restore the tleman. Even though he has concerns request of his brother, the Governor of coastland. It is expensive and hard, but about how we are moving this bill for- Florida. This bill moves us back closer it is so important for our country. ward, he has not been an impediment, to President Clinton’s proposal with Having said all the good things about and we are moving forward as quickly some additional deepwater acreage this bill and about Senator LANDRIEU, I as we can so, again, I want the record opened south of the 181 area. It satis- want it to be very clear in my remarks to reflect my deep appreciation for fies the concerns of the State of Flor- here today that this bill is not going to Senator BINGAMAN, what a good friend ida. It is also a positive step for those fix America’s energy needs. It is not he is and a good Member of the Senate. who want to see the restoration of the going to solve America’s energy crisis. I am going to say more about the gulf coast wetlands. I can remember We have a failed energy policy in this specifics of this legislation. Prior to the first time Senator Breaux spoke to country. The Bush-Cheney failed en- doing that, I ask unanimous consent me about the State of Louisiana and ergy policies—simply more for big oil— that during the consideration of S. what was happening to his State. won’t work. 3711, there be a limitation of five first- During the time I am going to be British Petroleum announced yester- degree amendments, energy-related here on the floor, which will be a few day that their profits have gone up. In amendments, in order on each side. minutes—I came here 15 minutes ago Reno, NV, the price of gasoline is $3.12 The PRESIDING OFFICER. The Sen- and listened to the remarks of the two a gallon today. The price of gasoline in ator from Kentucky. Senators from Kentucky and Arizona, Nevada on an average has gone up Mr. MCCONNELL. Madam President, and I hope to leave in 10 or 15 min- more than 50 cents a gallon in the last reserving the right to object, I say to utes—there will be an area the size of year. The Bush-Cheney energy policies my good friend, the Democratic leader, three football fields washed into the do nothing to alleviate the problems as he knows the development of this gulf, gone forever. Huge tracts of land we are having in Nevada and around bill was done on a bipartisan basis. It is are being washed into the ocean every the country. narrowly targeted but represents a day. We must have coastal restoration. This bill will do nothing to bring delicate compromise between the gulf We can do this, but it is not easy. down the price of gasoline or diesel. It coast Senators, Senators from Florida, We learned with Katrina that had won’t come down as long as demand and it is the feeling of all those in- Katrina hit several decades ago—50 keeps growing and big oil companies volved in developing this legislation, as years ago—the damage would have are not investing their billions and bil- I say, again, on a truly bipartisan been much less than it was because it lions of dollars in profits in new Amer- basis, that if we open this bill up to would have had a barrier and the storm ican energy jobs and manufacturing amendments—we have lots of good would not have hit the City of New Or- and in developing alternatives to oil. ideas on this side of the aisle, and I ex- leans as it did, and other coastal areas. As my friend from Oregon said better pect there are lots of good ideas on I have been there. I saw what happened than I, we are marinating ourselves in that side of the aisle. I recall when we in New Orleans. I have been there a oil. The country is being marinated were doing the major Energy bill last number of times. I saw what happened with fossil fuel. We need to bring much

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.038 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8223 more fuel-efficient cars and trucks Isn’t it a shame that the Federal States have endured since Katrina quickly to market and to promote as a fleet, the biggest we have in America, struck their communities. Pictures of country energy efficiency and con- is not one which we are using with al- this tragedy are seared into our minds servation. ternative energy? And we are not. The at this point. In the Senate, I sit next That is the one real difference be- Clean EDGE bill adds important provi- to the distinguished Senator from Lou- tween Democrats and Republicans— sions to make the Federal Government isiana, Senator LANDRIEU. She has speed. We have been ready for months a real leader in energy instead of just brought passion, energy, and eloquence and months and months, going into the largest consumer. to the cause of securing help for those years, to fund and uphold a project like The Clean EDGE bill contains impor- she represents so well as folks in the energy. If we can get to the Moon, we tant provisions to set a national oil Gulf States try and get on their feet. can solve our energy crisis. But we savings goal, increases penalties to My view is that the challenge for the can’t do it by continuing to do some- punish price gouging, and reigns in en- Senate is to reconcile the need to help thing we have done for 50 years. The ergy market speculators who are driv- those folks hurting in the Gulf States Sun is there producing energy every ing up the price of natural gas. with the urgent need for Congress to day. The wind is there blowing every Let me say this. On public radio this legislate fresh, bolder energy policies day and producing energy. We need to morning—I enjoy listening to public for our entire country. My under- capture that energy. We need to cap- radio every morning; I love that me- standing is the distinguished majority ture geothermal energy. We are not dium—I can’t remember the name of leader from Tennessee, Senator FRIST, doing it. the man who was there in ANWR, but will not allow amendments to this leg- It appears to me the majority is not he was there 50 years ago with the peo- islation. If that is the case, my view is interested. The Republicans have pro- ple who first pushed to set that aside this legislation does not balance the posed emergency spending on energy as pristine wilderness. What he said need to help folks in the Gulf States and underfunded even the mediocre En- today was remarkable. He said, I was with the urgent need to get that fresh ergy bill from last year. The adminis- there more than 50 years ago. He said red, white, and blue energy policy for tration still has not gotten around to it is the same today as it was then. He our country’s future. issuing loan guarantees to build new is 73 years old now. He was a young Does the Senate truly believe more biofuels plants. man 53 years ago when he was there. shouldn’t be done to promote renew- Democrats want to transform the Na- I know how strongly the Presiding able energy? Does the Senate truly be- tion’s energy policy, and we want to do Officer feels about that. America feels lieve more shouldn’t be done to pro- it now. But the Bush administration just as strongly that we did the right mote automobile efficiency? Does the Senate truly believe more shouldn’t be and the Republican Congress is content thing in protecting ANWR. In listening done to protect consumers from to let the market and Big Oil crush to that radio program, I felt in my consumers, squeezing every last coin exploitive practices? Does the Senate heart we had done the right thing. truly believe taxpayer dollars should out of their pockets. We need to move forward with inno- I had a press event across the hall in be used to subsidize oil companies even vative, good legislation. The Clean the LBJ Room this morning. I had with though the President, to his credit, has EDGE bill does that. A few days ago, 41 me a family from Colorado. They have said subsidies aren’t needed when the Democratic Senators sent a letter to a little 5-year-old boy. He is little, but price of oil is over $55 a barrel? the majority leader stating our desire he is a husky little kid, Johnathan. If no amendments are allowed under to move legislation such as the Clean They have to fill their two vehicles. this legislation, which is my under- One drives a lot to his job, and the EDGE bill before we recess to bring standing from the statement made by other doesn’t drive as much. But they down prices and give consumers afford- the distinguished majority leader, es- fill their cars on average of twice a able alternatives. Unfortunately, it sentially what the Senate will be say- week. It costs them $45 every time they seems we will have to continue looking ing to the country is if we go off and fill their gas tank. It is $180 a month for other legislative opportunities drill in the gulf a bit, then the country which they cannot afford. They have since we need to pass S. 3711 as soon as can call it a day as far as getting a new no health insurance. It is true all over possible, and send it to the House energy policy. I don’t think that is America. where they can send it to the Presi- good enough. This morning the majority leader dent. I support responsible drilling in the said there was a lot more we can do re- But let us not kid ourselves; this bill gulf. We obviously need more energy lating to energy, and we should do it in is good for the gulf coast and will con- production. By any realistic calculus, the future. I make this point to the tribute to the Nation’s energy security we know oil will be part of our future majority leader through the Repub- and, more importantly, for coastal res- and we are going to need to encourage licans and to the President, the future toration. It will not affect gas prices production in a responsible way. In the is now. Americans are suffering from and just extends our addiction to oil. Senate Committee on Finance, again, an energy crisis, and have been since I again compliment the very good working on a bipartisan basis, the Sen- well before last year’s energy bill. work of MARY LANDRIEU in moving this ator from Wyoming, the distinguished In Reno, NV, it’s $3.12 a gallon for bill forward. Senator who sits on the Committee on regular unleaded. The future is now. The PRESIDING OFFICER. The Sen- Finance, Senator THOMAS, has some ex- What are we waiting for? Is this the ator from Oregon. cellent ideas in terms of encouraging best we can do? I hope we can do better Mr. WYDEN. Madam President, be- production, particularly getting more before we finish this congressional fore he leaves the floor, I want to com- oil from existing wells. We do need term. We are not going to do it before mend the distinguished leader from Ne- more oil production. But drilling alone August. That is what we have de- vada. He has for a long time cham- is not the new energy policy this coun- manded, but we have tomorrow and a pioned the needs of consumers. In the try needs. It is more business as usual. few days next week, and that is it. West, we understand the devastation We have been down this road before. We have good ideas. In May, the gasoline prices have had on our con- In the 1990s, for example, the Congress Democrats introduced the Clean EDGE sumers. And his case for a new energy passed a royalty program that was sup- bill. That stands for Energy Develop- policy, a red, white, and blue energy posed to stimulate energy production ment for a Growing Economy. That de- policy that makes us free of our de- and be good for the Gulf States and for scribes the problems we have in Amer- pendence on foreign oil, is a case he has our country as a whole. What it has ica today. We need to do energy devel- eloquently made, and made frequently. done is something very different than opment. We have to do it if we want to I want him to know how much I appre- what was envisioned. In fact, the spon- keep our economy growing. It is a bill ciate his leadership before he leaves sor of that legislation, our respected to accelerate development in commer- the floor. colleague from the State of Louisiana, cialization of energy efficiency tech- I want to start the discussion about former Senator Johnston, has said the nologies, renewable energy production the legislation which is before us now program, as it has developed, is noth- and alternative fueled vehicle market by acknowledging the enormous pain ing along the lines of what he envi- penetration. and hurt so many citizens of our Gulf sioned.

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.015 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8224 CONGRESSIONAL RECORD — SENATE July 26, 2006 The Government Accountability Of- Senator KYL and I spent a lot of time going to come to the table and walk fice has said with the royalty program in the Senate making the case for why away and leave behind $20 to $60 billion created in the 1990s when oil was about this was a needless expense, particu- worth of breaks in royalty relief from $19 a barrel—it is over $70 a barrel larly at a time when we have so many the 1990s. I don’t think it is going to now—that program that was created in other needs in our country. That day, happen. I hope it does. the 1990s is going to cost taxpayers a despite the fact I stood in this spot for Chairman DOMENICI is very sincere in minimum of $20 billion and possibly as almost 5 hours, we could not even get a his views, but given the track record in much as $80 billion. vote on a measure to stop these sub- this Congress of the oil companies That is the royalty program we have sidies that the General Accounting Of- being able to escape any kind of effort on the books now. As we start this dis- fice has calculated is at least $20 bil- at those various agencies I have out- cussion about setting up a new pro- lion and possibly $80 billion. lined, I don’t think the oil companies gram, I want to make sure the Senate Put me down as pretty skeptical that are going to voluntarily clean up a pro- is up on how much money is being the oil companies are going to volun- gram in the 1990s that has been so mis- frittered away under the mismanaged tarily give up these huge sums of managed. My sense is it is going to be program that is on the books today. money. As of now, in this session, one necessary to pass legislation in this One would think it is common sense to measure after another has failed in Congress to force the companies to give fix the old program before we start a terms of potential steps that could pro- up these needless subsidies. new program. One would think it is tect the consumer. Let’s review: The There is a compromise with respect common sense to take the savings gen- Federal Trade Commission, the agency to how it could be done in a bipartisan erated by fixing the old program and that is supposed to protect the con- way. It is a compromise that I and the applying those savings to paying for sumer and to deal with concentration distinguished Senator from Arizona, the new program before the Senate this and mergers in the oil industry, a big Senator KYL, have been talking about. afternoon. However, neither of those goose egg from the Federal Trade Com- We actually proposed it to the distin- commonsense steps is being taken. A mission. In fact, the chair, Deborah guished chairman of the committee, Senator DOMENICI. I suggested what we new program is being considered by the Majoras, has all but said that high might do is allow the negotiations be- Senate today when Congress has not prices are essentially good for the con- tween the companies and the Govern- corrected the old program which even sumer because by her theory that will ment under the 1990s royalty program the oil companies acknowledge is not promote more energy production. That to proceed for a bit longer. Possibly needed today, and even the sponsor, is a pretty astounding theory of con- that will work. I am skeptical, but pos- our former colleague, Senator John- sumer protection, but Senators can look it up. That is what she said before sibly it will. ston, has indicated is not working. But if those negotiations did not I have talked with Chairman DOMEN- the Energy Committee. produce the savings for taxpayers and ICI about this. Chairman DOMENICI has The agency that regulates commod- the cleansing of this old program that indicated he wants to fix this old pro- ities? Zip, with respect to dealing with is so important, then we have to be speculative practices, practices that gram, this old, mismanaged program tougher. After a period for negotia- contribute very significantly to the that has wasted so much of the tax- tions, I would propose as part of a bi- cost of oil. In fact, when oil company payers’ scarce resources. We all know partisan compromise that the Senate executives came before our com- Chairman DOMENICI is a straight shoot- then insist the companies get no new mittee—the distinguished Senator er and forthright and I have appre- leases until the old program has been from Alaska will recall—one oil com- ciated his discussions with me. cleaned up. That would bring together However, I don’t think the oil compa- pany executive said speculative prac- some of the ideas advanced by the dis- nies are going to easily give up this tices are a big factor in driving up the tinguished chairman of the Energy and multibillion dollar boondoggle, this cost of oil for our consumers. We have Natural Resources Committee, Senator sweetheart deal they have obtained. not seen anything to reign in those DOMENICI, and some of the ideas Sen- Time is not on the side of those who speculative practices. ator KYL and I and others have offered How about stopping needless tax want to put a stop to the billions of on a bipartisan basis. dollars being needlessly dispensed breaks? When the oil company execu- We suggested that be done in this under the 1990s program. tives came before the Energy and Nat- bill. We said: Here is an opportunity in The legislation before the Senate ural Resources Committee, I went this legislation to permanently fix the now is one of the last opportunities the down the row and asked each one of the old program before you start a new Senate will have to permanently fix executives whether they needed all one. We thought it was a chance to the broken royalty program that began these tax breaks. They now have record take two approaches Senators have in the 1990s. Senator KYL and I have profits, consumers have record prices, been talking about and bringing them been working in a bipartisan way to so I made the point, why in the world together and permanently fixing the change this. There has been action in would you need record tax breaks? The program. I believe if the Senate does both the other body, the House, and in executives, when they had to answer in not do that, the clock is going to run the Senate, in the Senate Committee broad daylight, said they did not need down on the program, and I think, in on Appropriations where the distin- them. Ever since then, I have been try- all likelihood, the Senate, in the begin- guished senior Senator from California, ing to roll back some of those tax ning of 2007, will be in much the same Senator FEINSTEIN, has done an excel- breaks. The President, to his credit, place it is today. I do not want to see lent job of trying to advance the cause said tax breaks are not needed when that happen. of stopping these subsidies, but my the price of oil is over $55 a barrel, but I think it is time for a fresh approach guess is the legislation the Senate has we have taken only the most modest with respect to how our country makes been able to at least start in the appro- step. A tiny bit of the tax relief that energy policy. I think we need to be priations process may not even hit the the oil companies are getting has been much bolder and much more creative. I floor of this body, and even if it does, rolled back under a proposal I made in- have advanced ideas in this area; a the oil companies are very well posi- volving a drilling writeoff that the number of Senators have. But we have tioned to run out the clock on the ef- companies get. seen precious little of that kind of bold fort in this session of Congress to stop So, Federal Trade Commission, zip; thinking. What we have seen is essen- the needless subsidies that were grant- anti-speculative efforts, zip; tax breaks tially business as usual. ed in the 1990s. that are needless expenditures that the I hope colleagues will take a look at For example, there is mediation now oil companies say they don’t need, vir- the analysis that has been done by the going on between the companies and tually nothing. So put me down as Senate Budget Committee of the im- the Government, but it is nonbinding, pretty skeptical given the fact that in pact of the legislation before us today. so the oil companies hold all the cards. each of those areas the Government This is, of course, S. 3711. I asked the The appropriations process, of course, has ducked taking on the oil compa- Democratic staff of the Senate Budget only lasts for a year so the companies nies. Put me down as pretty skeptical Committee to do an analysis of the im- can run out the clock on that, as well. that somehow these oil companies are pact of the bill before us today. The

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.019 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8225 legislation before us now authorizes at FEINSTEIN, and others. We think we Pressure continues to mount in Con- least a 50-year commitment. The oil could save a big chunk of money—bil- gress to develop Federal deepwater re- companies, in my view, under this leg- lions and billions of dollars—that could sources in the Outer Continental Shelf. islation have been able to parlay the be applied to the new program that is And because high oil and natural gas suffering of our citizens in the Gulf being considered by the Senate today. prices are not a Republican or a Demo- States into something that I believe That is the kind of bipartisan work crat problem but they are our Nation’s could become an unaffordable gravy the Senate should focus on. I look for- problem, there is a bipartisan majority train. ward to the discussion and particularly that grows stronger each day behind What the Budget Committee staff hope the distinguished majority leader, the effort to open the Eastern Planning found is that between 2017 and 2055, the Senator FRIST, will change his mind. Zone of the Gulf of Mexico to more U.S. Treasury and Federal taxpayers This subject is too important to bar drilling. would be out almost $20 billion beyond Senators from offering meaningful So our options are whether to be part what is already going out the door amendments and allowing the Senate of a solution—a real solution that pro- under the broken royalty relief pro- to get a more balanced energy policy vides concrete protections for our gram from the 1990s that I have de- and securing the needs of our citizens. State—or watch our protections be scribed once again on the floor of the Madam President, I yield the floor eaten away year after year by those Senate. But beyond that, all bets are and suggest the absence of a quorum. who do not share Florida’s values. I off. Lost revenues after that could be The PRESIDING OFFICER. The chose to be part of a solution for Flor- as much as $12 billion to $15 billion clerk will call the roll. ida. each year. The legislative clerk proceeded to I want to assure Floridians that Flor- So I would ask the Senate: At a time call the roll. ida is protected under this bill. This Mr. MARTINEZ. Mr. President, I ask when clearly folks in those Gulf States legislation, which I was proud to help unanimous consent that the order for are hurting, and the Senate ought to negotiate, will provide unprecedented the quorum call be rescinded. protections for the gulf coast of Flor- step in and be of assistance to them, The PRESIDING OFFICER (Mr. does it make sense to authorize a 50- ida. This bill establishes in law a 235- THUNE). Without objection, it is so or- mile buffer from Tampa and a min- year program that, particularly after dered. the initial period, will involve addi- imum of 125 miles of protection from Without objection, the quorum calls the Panhandle of Florida south tional sums, additional untold billions will be equally divided. of dollars of revenues that could be through the year 2022. It provides over The Senator from Florida. 300 miles of protection from Naples lost? Mr. MARTINEZ. Mr. President, I rise The challenge for the Senate now, it west. And it protects our very impor- to express my strong support for S. tant military mission line. The mili- seems to me, is, first and foremost, to 3711, the Gulf of Mexico Energy Secu- get some amendments to this legisla- tary mission line is important to Flor- rity Act of 2006. ida because we are also blessed in Flor- tion. I hope the majority leader, the This is an important and timely distinguished Senator from Tennessee, ida to host a great number of military piece of legislation that deals with an facilities and the very important facili- Mr. FRIST, will change his mind. I hope issue that is very near and dear to Flo- ties in the Florida Panhandle. Eglin the distinguished majority leader will ridians, which is protecting our gulf allow amendments on automobile effi- Air Force Base, Hurlburt Field, and the coast from drilling. Pensacola Naval Air Station are facili- ciency, on renewable energy, on pro- Protecting Florida’s coastline is an ties that rely on the Gulf of Mexico for tecting consumers from exploitive issue of monumental concern to me training and for firing ranges, all of practices, and protecting taxpayers and to my constituents, and I com- which would be incompatible with from needless subsidies. We would not mend Chairman DOMENICI and his staff, drilling. be talking about hundreds of amend- as well as Leader FRIST and Senator Any lease within 125 miles of the ments. I think amendments in those MITCH MCCONNELL, for their hard work coast, inside the no-drill zone, can be four areas would provide an oppor- in forging a strong bipartisan com- exchanged for new leases in deepwater tunity to strike a balance in this legis- promise that allows us to do just that. in the Gulf of Mexico. In addition, the lation to make sure that urgently I also thank the distinguished Senator critical ‘‘Stovepipe’’ area located in ex- needed help is directed to these Gulf from Louisiana for her work in bring- treme proximity to Pensacola will be States, that efforts are being made to ing about this bill. protected from oil and gas exploration get a new energy policy for our coun- As Floridians know, and many of my through the year 2022. These are his- try. colleagues have learned over the past toric protections that Floridians can It does not make any sense, to me, several months, our beaches are ex- count on for years to come. for the Senate to say: Let’s go drill a tremely important to our way of life. I would like to make clear that this bit in the Gulf—and pretty much call it We value their unique and fragile eco- is not an opening for negotiation. I am a day. But that is what the legislation system. Our State’s special scenery and firmly committed to this deal. Any- in its present form essentially says. It fragile environment bring millions thing else that subtracts from the pro- says: At a time when the country des- from across the Nation and the globe tections for our State as laid out in perately needs a new energy policy, to enjoy its sugar-sand beaches and this legislation is not enough for our when people are clamoring for it at world class angling and boating. State. This is it. townhall meetings and in chambers of I have spent a great amount of time To me, this compromise is a bridge to commerce and in virtually every other and energy since arriving in the Senate the future. It is my hope that by 2022, place a Senator goes, what we are fighting to protect Florida’s treasures and maybe long before then, we will going to say is nothing doing. We are from the threat of offshore drilling, to- have developed a long-term energy going to say a bit of drilling in the Gulf gether with my colleague, Senator strategy to lessen our dependence on will cover it, and a bit of drilling in the NELSON, as well as with the Members of oil. It is that simple and something I Gulf can take place, even though bil- the Florida delegation in the House of feel very strongly about for our future. lions of dollars are being wasted under Representatives. Just last year, the Senate passed a a program—a previous program—that Several different pieces of legislation large, bipartisan Energy Policy Act was directed to the Gulf States from have been introduced over the past that doubled the amount of ethanol in the 1990s. year in the House and the Senate that our fuel mix to 7.5 billion gallons. The I think the Senate can do better. I the Florida delegation has found ex- bill also included provisions that I sup- think the Senate can do better on a bi- tremely worrisome, and we have been ported that increased funding for sug- partisan basis. Senator KYL and I are successful up to this point in keeping arcane and cellulosic ethanol develop- ready to propose what we believe could drilling at bay. But the drilling battle ment, as well as $50 million in loan be a bipartisan initiative that would has gotten fiercer and the stakes have guarantees to build alternative energy involve recommendations made by the gotten much higher as our Nation plants. We must buckle down and ad- chairman of the Energy Committee, struggles to meet our energy demands vance the use of renewables and alter- Senator DOMENICI, ourselves, Senator in an increasingly uncertain world. native sources of energy. We are only

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.027 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8226 CONGRESSIONAL RECORD — SENATE July 26, 2006 scratching the surface of our future po- I would like to focus now on a series produce our Nation’s energy and deal tential, and we should not limit the ca- of concerns that have been raised re- with its corresponding onshore reper- pacity or ingenuity of America’s sci- garding this bill, how it is different cussions. We in Florida do not want to entists to tackle this energy problem. and, in my opinion, better than OCS participate in the development of this However, we need a bridge to get to legislation recently passed in the extensive oil and gas infrastructure but that future. S. 3711 is a way to keep our House of Representatives. Let me say, recognize that others in the western industries and utilities running while first, that my colleagues in the Florida gulf pay the price to bring reliable en- we find new ways to power our cars, delegation worked tirelessly to find ergy to the country. We share 50 per- heat and cool our homes, and create and obtain the best protection possible cent of revenues on public land within our energy—America’s energy. for our State under very difficult cir- a State’s boundary, and it is fitting As important a priority as it is to cumstances. Some have questioned the that we provide energy-producing Floridians that we protect our coasts protections afforded to the buffer zone States with at least similar treatment. and our environment, we must be real- around Florida. The buffer zone pro- Sharing 37.5 percent of the new OCS istic about our own energy demands. It vided by S. 3711, in my opinion, is revenues will not bankrupt the Nation, is a difficult thing—and it has been a clearly preferable to any other one nor increase the Nation’s national difficult thing as I have tried to fight that has been offered as an alternative. debt. Currently, these areas off the for Florida’s environment—to stand This legislation ensures that the Fed- coast are not being leased and are pro- here and say we want no new drilling, eral Government will continue to have viding no revenue to the General we want no drilling anywhere in the jurisdiction over the Federal waters off Treasury. Keeping 100 percent of zero gulf, when Florida’s size alone makes it each State’s coast. We do not cede the revenues is just that—nothing. one of the Nation’s largest consumers. responsibility of energy development, Finally, for those concerned with And these consumers are Florida’s fam- environmental protection or military funding the Land and Water Conserva- ilies who are struggling to fill their preparedness to the desires of State tion Fund, S. 3711 will provide a real cars and heat and cool their homes. legislatures. The buffer zone in the boost for the program. The mandatory These are struggling families who sit Gulf of Mexico is good through the funding stream established under this around the kitchen table while they year 2022 and also prohibits drilling in bill does not replace appropriated fund- balance their family budget and find our military critical training areas. ing and does nothing to disadvantage the budget busted by ever-increasing Some have asked why Florida’s At- the program in the appropriations energy costs. The rising cost of fuel lantic coast is not included in this bill. process. The President’s budget request and the strains that this is placing on I would say, quite simply, that Flor- has been zeroed out the last 2 years for their pocketbook are dominating talk ida’s Atlantic coast has been under re- this program and under our com- of America’s families. lentless attack for the last year and a promise bill, the Land and Water Con- In addition, we have to keep in mind half by those who want to drill. The servation Fund will provide up to $450 how critical energy is to many of our Atlantic coast of Florida is still under million or 12.5 percent of the revenues industries that help drive the econo- a Presidential withdrawal until 2012, as generated from the new leasing each mies of our State. As a member of the well as the entire eastern and western year. Energy and Natural Resources Com- coasts of the United States. This This compromise was delicate and mittee, I have heard countless testi- means that until the year 2012, the difficult to forge. Some argue more mony from our Nation’s chemical, fer- eastern coast of Florida is safe. Our could have been done for Florida. Oth- tilizer, and manufacturing industries compromise legislation in no way ers protest that Florida is afforded far that are vitally dependent on increas- weakens the existing coastal protec- too many protections, given that our ing natural gas supplies within our Na- tions. The House-passed OCS bill re- State consumes nearly 20 million gal- tion. Unlike petroleum, which is traded moves the entire Presidential with- lons of petroleum per day. High oil and globally, much of the natural gas mar- drawals off of every coast and forces natural gas prices are not a Republican ket is traded on a regional basis, and State legislatures to pass legislation or Democratic problem, but they are U.S. natural gas prices are among the every 5 years to keep or extend those our Nation’s problem. It is imperative highest in the world. For example, protections. that we pass the Gulf of Mexico Energy Florida provides 75 percent of the phos- Other coastal Senators have raised Security Act to provide Florida with phate fertilizers used by American their objection to S. 3711 because they the critical environmental protections farmers and gardeners every day. The want to increase coastal buffer zones in it needs, as well as bringing 1.25 billion Florida phosphate industry is one of their own States. This is a focused barrels of oil and 5.8 trillion cubic feet the State’s oldest and largest economic piece of legislation that deals only of natural gas to keep our industries engines, accounting for more than 6,000 with the Gulf of Mexico. Adding addi- and Nation afloat as we develop future direct jobs. The Tampa Port Authority tional protections to areas that frank- sources of alternative energy. Failure estimates that that industry has cre- ly are not promising to the energy in- to act is not an option. I urge my col- ated more than 41,000 indirect jobs and dustry should not be an impediment to leagues to support this well-crafted, bi- $5.9 billion of economic impact in the moving forward with this compromise partisan measure. Tampa Bay region alone. bill. To quote the old bank robber, I yield the floor. Prior to the significant increases in when asked why he robbed banks, he The PRESIDING OFFICER. The Sen- natural gas prices, the U.S. nitrogen replied: Because that is where the ator from Idaho. industry typically supplied approxi- money is. The area being opened for ex- Mr. CRAIG. Mr. President, I am mately 85 percent of U.S. farmers’ ni- ploration is the most promising area of proud to follow Senator MARTINEZ from trogen fertilizer needs. As a result of discovery for the industry and can be Florida, who has truly gone the extra the continuing natural gas crisis, farm- leased right away. mile in realizing his responsibility to ers have been forced to import more During negotiations, I chose to focus his home State of Florida but also rec- than 50 percent of the nitrogen fer- on protecting the area of Florida under ognizing his responsibility to the Na- tilizers they use. In total, at least 21 greatest pressure, and I thank my col- tion and trying to balance the two in a nitrogen fertilizer production facilities leagues, Senator DOMENICI, Leader very intricate way. There isn’t a Sen- have closed since July of 1998. Sixteen FRIST, and Senator MCCONNELL, for ator on this floor who doesn’t appre- of those plants have closed perma- honoring me and Florida’s environ- ciate the value and beauty of Florida’s nently. That represents a 25-percent mental concerns. vast coastlines and recognize that they drop in total U.S. production capacity, The last major concern that has been are not only a Florida treasure, they while five plants remain idle even raised is objection to revenue sharing are a national treasure. We know we today. S. 3711 will provide over 5.8 tril- with western Gulf States and targeted have the technology today, as has been lion cubic feet of natural gas for our revenues to the stateside Land and clearly demonstrated over the last two impaired industries, utilities, and also Water Conservation Fund. It is per- decades, to drill not very far offshore my constituents who are dealing with fectly fitting and appropriate that we anywhere and make sure that it is done soaring heating and cooling bills. share revenues with the States that in an environmentally sound way to

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.028 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8227 protect the beauty of those beaches Is it significant? In the mix of all of that is one energy cost; they can surely and the vistas of those marvelous this, yes, it is. But more importantly, abide that. Did you check their ther- coastlines that make up the great it says that a comprehensive broad pol- mostats and their other energy bills, State of Florida. icy under sound environmental guide- the cost of electricity to turn the For Florida or any State to suggest lines could make this Nation tremen- lights on and keep their computer on that the oil that lies off its shore is not dously less dependent on foreign oil for them and their kids? What about a national asset and, therefore, should and gas coming out of Canada. the temperature in the home in the be treated only as a State asset is sim- The industries that the Senator from cold winter months? All of that has ply wrong. It would be as though my Florida talked about that are losing costs significantly more in a very short suggesting, as a Senator from Idaho their base, agriculture and nitrogen period of time. with millions of acres of Federal forest fertilizer, the petrochemical industry In 6 years—that is the life of one lands, that not one tree should be cut and natural gas that is now going off- term of a Senator—natural gas prices for the sake of building homes any- shore, and we are losing those jobs, all that heat the homes of America have where in our Nation. Why? Because of of that would stop if this Senate and gone up 286 percent. While I know we the environmental consequences, when this Congress and this Government got ought to be concerned about all of the we know today we, in fact, can cut their heads on right about national en- politics and all of the surrounding land trees in a clear, clean, and precise way, ergy policy. S. 3711 is a step in the and doing it environmentally sound, preserve the environment, and provide right direction. Is it a big step? No, it what we are talking about today is be- the fiber to the national fiber market, is not. It is a rather small step. But it ginning to understand the burden and be it paper or 2 by 4s to build homes. It is a tremendously important step, as the sense of insecurity that the Amer- is also true of the minerals that lie we head down the road of beginning to ican consumer is suffering from and under the subsurface of my property— recognize that this Nation could, in doing something about it. It would be but not my property, the Nation’s fact, become very much self-sufficient one thing to say there isn’t any more property—on the Federal lands of the in many ways in its energy needs gas, there isn’t any more oil, and we State of Idaho. through its own energy production. are shifting to a bunch of alternatives, There is an intricate and important You have heard some rather tired and in the meantime you are going to balance between what is a State’s re- and old debate about needing a com- have to pay the price. sponsibility and a State’s right and prehensive energy policy, and we The reason the American consumer is what is a Federal property and, there- shouldn’t do S. 3711 without it because paying more at the pump today, more fore, the responsibility of the Congress it simply isn’t broad enough. How can for their electrical bill and heating is in exercising the authority over that any Senator stand on the floor today because of politics, because the Amer- Federal responsibility, that Federal re- who stood on the floor a year ago today ican politician for the last two decades source that we are today talking about and debate the Energy Policy Act of has denied the American consumer the in an important piece of legislation 2005, the most significant, broad-rang- right to have access to the resources that is now before the Senate. ing energy development, energy con- they are entitled to have. I hope we got Embodied in S. 3711 is an effort to servation, new technology for energy the message. very carefully go at part of the re- bill that this Congress has ever passed? S. 3711 begins to say to American source that lies in the Gulf of Mexico It is now law. It is now being imple- consumers that we hear you. We may that is a Federal asset and a Federal mented. And whether you are in the be a little late, but we hear you. In resource and do so in a way that clear- Midwest or the upper Midwest or in hearing you, we are going to bring 5.83 ly benefits the State of Florida but, Idaho, we have ethanol refineries going trillion cubic feet of gas online in a rel- more importantly, benefits every con- up all around us. Twenty percent of the atively short period of time—18 months sumer in America today. corn crop this year will be used in the to 2 years at the very latest. And we Here is the current situation that production of ethanol and into the fu- have the potential of bringing 1.6 bil- Americans face and that America sim- ture. Why? Because of new technology lion barrels of oil into the gulf coast ply cannot understand. Every area of and national energy policy. You don’t refineries. That is billions of barrels this red zone around our country is a need to reinstate or restate what we that we will not buy from Venezuela, designated area by a Federal action in did last year. All you need to do is keep Saudi Arabia or any other place that is which we are not allowing our compa- adding to it and strengthening it in a politically unstable. We are going to nies to develop and explore for gas and way that allows us as a nation to be- produce it in this country. That should oil. I call it the no zone—no, you can’t come increasingly self-sufficient. help bring down or stabilize the cost of go there; no, you can’t touch it; no, S. 3711 does just that. Let me bring gas at the pump. you can’t drill; and, no, you can’t de- your eye back to the chart, back to The American consumer ought to be velop. What does it mean to our coun- this little, tiny spot on the map, this able to rely on its Government not to try? Well, it means literally billions of 3.8 million acres. That is a lot of land, stand in the way of the private indus- barrels of oil and trillions of cubic feet isn’t it? In this case, it is a lot of try sector of our country and its abil- of gas all around this area—Alaska, water. Under that water and in that ity to produce for that American con- ANWR, the west coast from the State land rests an opportunity to bring sumer. But for decades upon decades, of Washington down to the border with down the energy costs to the average we have done just that, all in the name Mexico off the coast of California, all American consumer by a significant of environment—in most instances, around Florida, all the way up to the amount and to make us less dependent even when we knew that the environ- State of Maine. It is difficult to deter- on foreign sources for our oil today in ment wasn’t going to be damaged. And mine how many billions of barrels of areas of the world that are politically now we know for sure. oil are there, but we know that it is very unstable. Remember Katrina? Remember what significant and it is phenomenal. I could go on about a lot of facts, sta- happened a year ago, as one of the Let me give an example. On this lit- tistics, and figures. But let me take most powerful storms in the world tle piece of paper is a green strip. It is you to the real important part of this surged up the Gulf of Mexico and a green strip that recognizes S. 3711. debate. It is called security for the av- across the coast of Louisiana and Mis- We are going to place it in its proper erage American family. America is sissippi and Arkansas? It tipped over location in this debate. I am going to frustrated today, and the average con- oil rigs out in the gulf, shut down thou- put it right there. That is all this bill sumer and average mom and dad are sands of wells that are in this green does. How big is this spot? This spot is tremendously frustrated because their area. And no oil was spilled. Why? Be- 8.3 million acres out of the Gulf of Mex- cost of living is not keeping pace with cause of the safety mechanisms, the ico. This little spot, by this perspec- their paycheck. Why? Because instead environmental ability that our indus- tive, represents 1.6 billion barrels of of driving to the gas pump and filling tries have today to do it right. oil, we believe, based on a U.S. Geologi- up for $10 or $15, they are paying $40 or Few of you remember what happened cal Survey, and 5.83 trillion cubic feet $50 each time, or more. What does that off of the coast of California in the late of gas right there, this little, tiny spot. do to a family budget? You may say 1950s and early 1960s; it was an oil spill

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.030 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8228 CONGRESSIONAL RECORD — SENATE July 26, 2006 known as Santa Barbara. From that icy and allow U.S. companies to play in starts, when the marketplace recog- day forward, the environmentalists’ that area, to bid, and to become the nizes that the potential of bringing 5.83 call was: Remember Santa Barbara. producer—not for a Chinese market but trillion cubic feet of gas to the market The reason we had so much difficulty for a U.S. market. Isn’t it phenomenal? and 1.6 billion barrels of oil is very sig- with this little sale was the ghost of Here we go, again. Here is the ‘‘no nificant, and it is done in a safe way Santa Barbara. Let me tell you, Santa zone.’’ We say: No, you can’t. No U.S. and environmentally sound way and it Barbara is dead, buried, and gone. company can touch any of this. But is out of harm’s way from the rest of From that day forward, the American right down here, we say: China can the world that is growing increasingly oil-producing industry learned lessons, come and drill. We say that by the ab- unstable, which happens to be one of developed technologies, wellhead shut- sence of good foreign policy; we don’t the primary producers of crude oil for offs, did all of the right things not only say it in reality. But by denying our- the world market. No, finally the Sen- in a voluntary way but also because of selves the opportunity, we invite the ate gets it. mandates of public policy from our world to come. Senator DOMENICI and I and members Federal Government. We began to get The reason it is important that I say of the Energy Committee and this Sen- it better, and it is the best it is today. this in the context of S. 3711 is for the ate struggled for 5 years to craft the Americans ought not fear drilling off American people to understand that, as Energy Policy Act of last year, a very their coasts because it is done right. we struggle to get it right, with lease significant bill. Remember Katrina and not one drop sale 181 embodied in the Senate bill, it A lot of work is underway. Billions spilled. is but a small step in the right direc- are being invested in all forms of new Let me talk about something else tion—albeit the right direction—with technology and energy and energy de- that simply demonstrates the reality potentially a very significant impact velopment. But in the interim, in the of where we are. Let’s dial up your to the consumer’s pocketbook. At the next decade or two, as we transition scope and not look at the whole of the same time, we have a long way to go as this great economy of ours to different United States; let’s go right to the gulf a country, as our economy struggles forms of energy, you don’t turn off the on this chart. Here we are. Here is 181. under dramatically increased energy energy you have, you don’t tell the This is what S. 3711 talks about, this costs, as the average family struggles consumer not to drive the car for 5 8.3 million acres. We provide excellent to balance their budget, their house- years until we can get them a hydrogen buffer for the State of Florida all hold budget. fuel cell car that doesn’t do any emis- around. Yet we are going to allow pro- There is no way that mom’s or dad’s sion, or maybe is supplied by energy duction to come off in that area so that salary is going to go up 280 percent in the American consumer can feel a lit- that is going to cost less. Our country a few months’ time. It will not happen. tle more secure, hoping that the price doesn’t work that way and it never has. Yet everything that is tied to energy, S. 3711 begins to put us in sync with at the pump will not go up anymore everything that is tied to the petro- and might go down a little, and their reality. I say to the American con- energy bills this winter may go down a chemical industry, their costs have sumer that we hear you. We hear you little bit. But the reason I bring this to gone up dramatically, and all of those loudly and clearly and we grasp your the floor is because of the speech I gave are put off on the American consumer. sense of frustration and insecurity at some months ago on the Senate floor Did you hear the Senator from Florida? this moment. Passage of this bill will about what is going on right here, the Twenty-five to thirty percent of our ni- help stabilize energy costs and, in some Northern Basin off Cuba, 50 miles from trogen production has gone offshore. instances, especially in natural gas, it the Florida coastline. We have five for- Now, we are so silly that we are step- may well bring down those prices for eign countries drilling there today. ping on our food bills. Nitrogen goes on the winter months and the heating That is 50 miles off of our coastline; it the ground, nitrogen produces crops, months of 2006 and 2007. If we can ac- is property that belongs to the Cuban crops produce food, and food gets to the complish that—and I think we can— nation. China is there drilling, as are consumer shelf. By our public policy, then this Senate ought to vote unani- Spain and Canada. It is not 120 miles we are suggesting that food costs will mously for S. 3711. We ought not get away, not the big buffer zone we cre- even go up, or at least the producer’s caught up in the minutiae of the poli- ated to protect the Florida coastline costs will go up. If the producer’s costs tics of the past because the minutiae of from our own effort, our own expertise, will go up, they will attempt to pass the politics of the past have produced from the world’s best deep-sea drillers, that through to the market shelf, to $3 gas, have produced $10 and $12-per- the U.S. petroleum companies. In some the grocery store. So not only by the million-cubic-feet gas, and have caused instances there, it is nations that know absence of good policy are we going to the American consumer to develop a little about the technology and are cause mom to pay more to get to the sense of insecurity about themselves, borrowing it from others and don’t grocery store, we are going to ask that their families, and their futures like have our quick shutoff systems and our she pay more when she gets there, all none we have ever had. The chairman of the Energy Com- wellhead protection systems. They are because of an incoherent lack of policy mittee gets it. That is why he has not 120 miles off of our coast, they are that doesn’t fit the absolute needs of worked as hard as he has. I believe I 50 miles off of our coast, and we cannot the American consumer. I could go on a lot longer about na- understand those issues, and I am do a thing about it. Let me rephrase that. There is some- tional security and our dependence on proud to be a cosponsor of this legisla- thing we could do. Right now, we have foreign oil and, when that dependence tion. prohibition that no U.S. company can is at risk, then we have to suffer or we Let us say to the American people: go there. It is Federal policy, U.S. for- put our military in harm’s way, in Let’s take a step further. Let’s erase eign policy. Why? Because it is Cuban. part, to protect our foreign interests this red area from surrounding the Yet the Cubans would love to have us and keep rural stability. We will argue American coastline. Let’s look at new there. Why? Because of our expertise that it is in the name of human free- offshore policy that says to the Amer- and talent. They want their beaches dom, but in the process it holds down ican consumer: Here is an opportunity, protected. This particular area of Cuba energy costs by creating a stable and we ought to deal with it in an envi- has beautiful, sandy white beaches world. ronmentally sound way, instead of just being developed by foreign interests Senator DOMENICI chairs the Energy saying no. You can’t just say no and be today for resorts, so foreign tourists Committee, and he has worked now for able to deal with that at the gas pump can come there from all over the world. a year to produce the legislation that the next day because when you do, that They don’t want those beaches at risk, is before us. He recognizes, as do many means the American consumer pays but they also want oil developed. They of us who serve on the Energy Com- more. would love to have us do it, but we mittee, the reality of where we are I see that as the essence of this bill. have a prohibition against that. We today and where we have to go. The And in supporting S. 3711, albeit a will debate that on the floor. American consumer will, I believe, feel strong step, it is clearly a step in the I have a bill that 20-plus Senators are the positive result of this legislation right direction. Let’s remember the re- cosponsors of. It would change the pol- when it becomes law, when the drilling sponsibility we have to the consumer

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.031 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8229 as we effectively deal with and develop on Energy and Natural Resources—and liance on foreign sources of energy. Ob- these resources because that consumer many others around here—for his ter- viously, as the world changes—and we is also an environmentalist who wants rific speech summarizing the problem see every day on the TV how difficult it done in a safe and sound and envi- we have and the way this American so- it is to continue to do that—the Outer ronmentally clean way. That is what lution to an American problem should Continental Shelf holds great promise we are about. be addressed and why. for accomplishing that goal. I yield the floor. I thank the Senator. I yield the floor. The higher prices we have seen re- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- cently are the result of many factors, ator from New Mexico. ator from Wyoming. and we need to address those factors. Mr. DOMENICI. Mr. President, first, Mr. THOMAS. Mr. President, I rise We all agree increased supply lowers before the distinguished Senator leaves today to join in the conversation and prices. We need to produce more energy the floor—I see he is still here and I am the discussion about energy and in sup- in the United States, and, of course, glad he is—I thank him very much not port of S. 3711, the Gulf of Mexico En- this is a politically charged issue. just for me or for that speech, for that ergy bill. Many people have proposals they be- statement, for that set of thoughts, but We are coming up on the anniversary lieve will help. I have my own bill to I thank him for the American people of the Energy Policy Act which we reduce prices that Americans pay for for his thoughtfulness. passed sometime back. It is com- energy, increase efficiency, new refin- If anyone wants to read the text of prehensive energy legislation that rec- eries, and better infrastructure and all something that summarizes from be- ognizes the difficulties we have in this the things we must do. ginning to end the problems we are country, recognizes the directions we We cannot deny the basic economic having and why in the areas of high need to go, recognizes in general terms principle that increased supply reduces costs of natural gas and crude oil and where we have to be, whether it is in- cost. It is simple. The bill we are debat- insecurity and lack of consistency and creased production, whether it is effi- ing today will increase domestic sup- fluctuation in prices that are fright- ciency and conservation, whether it is plies of gas and oil. It will do so in ening and scaring everybody, read the alternative methods, whatever. All ways that are sensitive to the environ- speech that was just delivered by the those issues are excellent, and I am ment, that will make us more secure distinguished Senator from Idaho. It is glad we did that. and bolster economic opportunities. a tremendous introduction to the prob- Of course, now we are in the position And it represents an agreement be- lem and then a total summation and of implementing those policies and im- tween the States that are most di- wrap-up of what we can do for our- plementing the policies, of course, is rectly impacted by gulf coast produc- selves and why we should do it and why what will have an impact on people in tion. with the problem of energy supply in this country, what will have an impact Too often people complain about the the fields of natural gas and crude oil, on the costs. high energy prices and attempt to wherever America can, we must use Despite the Energy bill, prices, of blame others. We have an opportunity our resources, especially these days course, have risen. They have increased to do something about that cost of en- when insecurity in the world causes because we haven’t been able to imple- ergy today. In 6 months’ time it will be such a problem. Even if they are sup- ment the bill to bolster production. winter. I am certain that Members will plied, the price is totally out of focus, There are a number of things going on, complain about the cost of energy and everybody should know that if we and I think we have to continue to re- then, too. I am also sure there will be have our own supplies, that is what we member that there are at least two as- a call for more money to spend on ought to use—it is sitting right off our pects of the future in terms of energy. LIHEAP and other programs. I ask coast—with no damage, as the Senator One is, out 20 years, we will be look- that we deal with those problems now from Idaho indicated. ing at all new kinds of sources, all new and not later. We saw the little piece of property kinds of supplies, whether they be wind The American people are paying out of acres and acres and miles—this energy, sun energy, but those are down close attention to this bill and want us little piece of property, 8.3 million the road. We are not there yet. On the to continue with this debate and make acres. He showed it to us on a map. It other hand, we need to be talking some improvement in domestic produc- is loaded with natural gas. How do they about how we are going to supply our tion. know? They have already proven it. cars and how we are going to take care If we do not increase supply now, the Part of it was ready to be leased; isn’t of the costs for American families this American people will know who to that right, I say to the Senator? Part year, next year, and 5 years from now. blame. There are, of course, other of it was ready to be leased in the re- So there are two aspects that are very things that Congress needs to be doing gime of the Governor of the State of much involved. on energy. Coal conversion tech- Florida, a former Senator, Lawton One of the reasons, of course, is we nologies need our full support. We have Chiles. As a Floridian, he, years ago, haven’t been able to move. There has over 200 years’ worth of coal in the acknowledged this must happen, that been some resistance to including pro- United States that can be cheaply pro- part of this property was prepared. We duction in measures. The recent jump duced. Wyoming supplies a third of our know it. When we put it to bid, it will in prices has been linked directly to Nation’s current coal needs. be ready to go. that resistance. It is time to do some- We put this coal on railcars and send Not only that, as the distinguished thing about U.S. production. it across the Nation. That is increas- Senator indicated, to have an impact I echo the comments the senior Sen- ingly becoming expensive. We want to on the cost, we don’t have to wait until ator from Louisiana made earlier today put the coal in pipelines and convert it they drill—right?—because it is such a that we cannot drill our way to energy to diesel and electric power for cleaner big supply that the marketplace will independence and we cannot conserve power. take cognizance, will be aware of, will our way to energy independence. We Our electric transmission grid needs respond to the fact that we are ready have to do both. We have to have pro- to be modernized. Several hundred to do it. duction, we have to have efficiency, we thousand people lost power this last Once this bill leaves here, even that have to have conservation. Oil and gas week in California, Missouri, Illinois, might have an impact. But I am not is the easiest way we know to do this. and New York. The grid is stressed, and sure, until it is signed, as I think of it, I come from Wyoming, one of the we need to encourage investments to that will have an impact because there large production States of oil, gas, and strengthen it. is always a chance for a slip between coal, the largest producer of fossil I would like all of our coasts opened the cup and the lip. fuels. We know how to do these things, to responsible production. This bill We have to get it done, and we have but we have to find new sources, new makes 1.3 billion barrels of oil and 5.8 to get it voted on. It is ours. It is ready ways of moving toward the energy that trillion cubic feet of natural gas avail- to go. is there. able. That is a good thing. Let’s not I once again thank my good friend For the sake of security, we must do forget there is an additional 19.3 billion and valued member of the Committee more. We must reduce our increased re- barrels and 83 trillion cubic feet of oil

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.039 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8230 CONGRESSIONAL RECORD — SENATE July 26, 2006 and gas off our coasts that are cur- able to understand why they have been ical season we are in which may be a rently off limits. This bill does not so opposed to oil and gas production in little more testy than normal. But here make those areas available. the Gulf of Mexico. I understand the we have a perfect example of a bipar- Yes, I prefer that revenues from concern about coastal areas—the tisan bill. A wide margin of you vote these activities be used to reduce our beaches. But there has to be a reason- earlier on the motion to proceed to this Nation’s debt. There is continued re- able and practical way to protect the bill, and we are now in the debate time sistance to all of these broader ap- American people and their needs for on that. I predict when we get to the proaches, however. this production, and shield our beaches final vote, it once again will be bipar- I hope that lease sale 181 can serve as and our tourist industry from harm. tisan, probably higher than anybody an example to other coastal States It is easy to say: No, no, I am not would have thought. But this is the that offshore production works. What going to have it at all. It takes courage way it can happen. This is the way it we need now is a bill on which we can and leadership to say: Well, let’s work should happen. So I am glad we are agree, and we have it before us. We this out in a way that would be the working in a bipartisan way. need something that can make a dif- right thing for our military bases in I want to say: Look, we made some ference in the short term. This bill is a the Panhandle of Florida, and for our progress last year with our Energy Pol- pragmatic approach that achieves tourist industries in Florida, Alabama, icy Act of 2005. It didn’t entirely ad- these goals. This is something we know Mississippi, Louisiana, and Texas—we dress our energy needs, obviously, but can happen. We know how to produce all have that—and take advantage of it was a step in the right direction. it. It is available. It recognizes the the tremendous resource that will help Now, here is the next step. For years, I value of increased production and the American people, that will reduce have been stressing that our energy strikes the necessary balance to make our dependence on foreign oil. This is policy in this country has to be bal- those activities a reality. what this is all about. anced. I would prefer to produce our We are faced with a broad challenge It is not just the prices at the pump way out of our energy situation. I be- in energy, of course, a long-term chal- today; it is about the long-term plan. lieve we can have more: more oil, more lenge. We have all kinds of approaches We have a problem here. It is a growing gas, more hydrogen, more nuclear, to it. But here is one before us that we problem. Are we going to do something probably more wind and solar energy know how to handle, that we can han- about it? This is a step in the right di- too. We can do it all. But I finally came dle, it has an impact, and it is prepared rection. That is the message here. Will to the conclusion we are not going to for us to do today. I urge my colleagues this bill solve the problem tomorrow? be able to just do one part of this equa- to support the bill. No. It will have an impact almost im- tion; we are going to have to produce I yield the floor. mediately, because people will see we more, we are going to have to conserve The PRESIDING OFFICER. The Sen- have taken some action and they will more, we are going to have to look for ator from Mississippi. act. And it probably will have some im- alternative fuels, and we are going to Mr. LOTT. Mr. President, I will be pact on natural gas pretty quickly. But have to be innovative. I have made glad to defer to the distinguished rank- it is a clear statement to everyone that that concession. After all, it makes ing member of the committee. I won’t we realize there is a problem here and sense. Why don’t we do the whole pack- be long. I will go ahead and address we are going to do something about it. age? this very important issue. So I thank Senator MARTINEZ for That is what last year’s Energy Pol- I begin my remarks by thanking the stepping up. Senator NELSON has been icy Act began to do, it made some im- distinguished senior Senator from New involved, and I hope we are going to provements in nuclear and in hydrogen Mexico, Mr. DOMENICI, for his leader- have a unified group of Senators from and alternative fuels. However, we ship in this area. He is one of our more the entire Gulf of Mexico area to en- can’t do all of those things instantly. knowledgeable Members. After years of dorse this concept. We have worked at Very few places are ready to build a watching him at play, I now refer to that. Florida, Alabama, Mississippi, new nuclear plant. My State of Mis- him as our No. 1 utility player. What- Louisiana, and Texas, have met and sissippi may have been one of the first ever the problem was, he can be help- talked on a bipartisan basis about to build a new nuclear reactor. That is ful. He is knowledgeable on budget doing the right thing. I have been great. We need to move towards alter- issues, energy issues, and also has a proud to be a part of that. natives such as liquefied natural gas, practical side: Let’s find a way to get it Senator LANDRIEU of Louisiana has and once again, we have to build the fa- done. Once again, he has done that been relentless—relentless—has she cilities. And that won’t happen tomor- with this bill. not, I ask the Senator? row. I know he wants to work with his Mr. DOMENICI. You bet. In the meantime, while we need to committee. I know he wants to work Mr. LOTT. She has worked this issue make stronger conservation efforts and with Members on both sides of the hard. Senator VITTER has made sure we come up with more alternatives and in- aisle. But I know more than anything have done it in the right way. He has novative ideas, and we need more oil else he wants to do the right thing for looked at the language very carefully. and gas. It is that simple. Now, we can our country. So I thank Senator I commend them in particular. Their get it some way or the other from Iraq, DOMENICI for his leadership. He has State has probably been more active Venezuela, Nigeria, Iran or we can get agreed to do some things in ways he involving this issue than any other our own safely. When I go to my State would not do it if he could do it in a Gulf States. Their State has also taken of Mississippi, people scratch their vacuum. But that is what leadership is some of the negative impact—on the head and say, why is it that people all about. In the legislative process, coastal areas—in recent years. There- from a certain part of the United you don’t get it 100 percent the way fore, it is only right that they get a States are determined we are not going you want it. You have to give a little higher percentage of the coastal im- to get oil out of ANWR? What is it to and get a little to do the right thing, to pact fees and that they be recognized them, and what does it mean to the produce a product for the American for their effort. Senator HUTCHISON and country? people. So that is the main reason I am Senator CORNYN, Senator COCHRAN, For whatever reason, without im- here. I want to thank you for that. Senator SHELBY and Senator SESSIONS pugning anybody’s motives, we haven’t I also acknowledge the leadership also deserve to be recognized. We have done it. But we can do it in the gulf. and encouragement of Senator MAR- all been involved. We can do it in the Gulf of Mexico be- TINEZ, the Senator from Florida, and The next point I want to make is I cause we know it can be done. We others from Florida who have been don’t quite understand why we are think it will be in the best interests of helpful in this effort. I have a great ad- finding it harder and harder to produce our States and our people and we think miration for Florida. It is more or less a result. It is has become so hard to be it is in the best interests of America. It a neighboring State—a little bit of Ala- bipartisan. I admit it is almost impos- is there, it can be obtained safely, bama intervenes between my State, sible to get a bipartisan agreement miles off the coast. where I actually live, and the Pan- that is bicameral. Maybe it is just a I want to emphasize right up front: handle of Florida—and I haven’t been sign of the times; maybe it is the polit- This is not about putting oil rigs or

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.040 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8231 natural gas wells within the sight of So we think this is important. We are they were before Hurricane Katrina; we the beach, although there have been trying to stand up and do what we want them to be better. We are coming natural gas wells in plain view from think is right for our country, but we up with innovative ideas. We are think- my front porch in Pascagoula, MS. It is want to also do the right thing for our ing about how can we be better pre- not about that. We do not want our States. There is a coastal impact. We pared to withstand a hurricane. These beaches to be threatened. This is going all know that. This is an acknowledg- funds will make a huge difference in to be at least 100 miles away—in the ment of that. The Gulf States which the long run. case of Florida 125 miles away from will be producing this would get under I want to make this clear: I think this 181 and the other areas we are this agreement 371⁄2 percent of the Fed- this is a great effort that we will all be going to open. I think it can be done eral revenues from the new leases en- able to point to in the future and say and it will produce very early results. tered into after the date of enactment. that we did something great. This is Look at what we are talking about Twelve and one-half percent, though, of something that will make a difference. here, freeing up 11⁄4 billion barrels of oil the revenues would go to the Federal We will be saying to the American peo- that we won’t have to get from some Land and Water Conservation Fund, for ple: We understand your pain, we feel unstable government overseas, and al- all of the States to use. We are not it, and we are taking steps to do some- most 6 trillion cubic feet of gas, that is greedy, but we want our fair share for thing about it. huge. Others in this country ought to a change. There was a time when we This will not be the last effort. We be willing to do the same thing in wouldn’t stand up, speak up, and fight are going to have to do more. But now other coastal areas. But I want to em- for what is right for our people. This is the time to do this. Now is when the phasize that this is not about any other time, we are going to. It is a win-win. people are suffering due to higher coastal area; this is just about our It is right for our country and it is prices for oil and for natural gas. It has area. We are prepared to step out, do right for us. I think this is a good ar- made it very difficult for people. This the right thing for our country, take rangement. legislation will reduce our dependence the risks. But we also want to get a lit- The money that goes to the States— on foreign oil, it will help us with our tle of the benefits, a little help in try- Senator LANDRIEU and I have felt it budget needs, it will provide more ing to deal with some of the problems shouldn’t all go to the States. Our money to protect natural resources, we have in the coastal region. State capitals and our State Governors and it will bring much needed funds By the way, one little aside: This bill are quite often not from the marshes of and jobs to the gulf area which was will reduce the Federal deficit by al- Louisiana or the beaches of Mississippi. hammered by Katrina and Rita. This is most $1 billion over 10 years—$1 bil- We have to make them understand truly a plan which Congress should lion—probably more. I think all of the where we are and who we are. Once pass and be proud of and the President numbers are understated. I think we again, part of the problem over the should adopt. are going to get more oil, more gas, years has been our own fault because I look forward to working with my more benefits, more money coming the attitude in the south of Louisiana colleagues as we go forward in the next into the Federal Treasury and our and the south of Mississippi is: Oh, couple of days to complete action on States. We will do it without raising well, we will do it ourselves. Well, we this important legislation. taxes or fees on anybody. So we get the are trying to get a better rate. We are Mr. LOTT. Obviously, people who benefit of additional supply, we get the trying to make more sense. So 20 per- have the time to look at this believe it benefit of impacting our Federal budg- cent will go to the coastal counties has been a very unfair situation, one et, drilling will produce hundreds of that are impacted. that for some reason or another we jobs, good-paying jobs. I know the peo- I know the Senator from New Mex- have tolerated for years. When they re- ple who work on those rigs out there in ico, Senator BINGAMAN, is here, and he alize the way it is handled in other the Gulf of Mexico, and I know the cares about those areas. I want to tell parts of the country, they feel very kind of money they make. Yes, they him what these monies will be dedi- strongly it is time we step up and get work hard and they take risks and they cated to. They will not be frivolously some benefit. are away from their families, but these squandered on some project that is not It is also further exaggerated and ex- will be good, new jobs for good, hard- along the coastline. The funds are acerbated by the fact that if we believe working people—people who need a lit- going to go to coastal conservation, that we are on the line, dealing with tle help right now, these are the people coastal protection, and restoration. all the costs and all the potential prob- who have been hammered by Hurri- Hurricane protection—hello—do we lems that could go along with this, we canes Katrina and Rita. need to do that? By the way, if we ought to get some of the benefits so we For decades, almost every dime gen- don’t do it, we know who is going to can prepare for that. erated from leasing of Gulf of Mexico pay our bill because when we are flat I want to say that the people in the areas for oil and gas all came to Wash- on our back the Federal Government Senate and the American people have ington—all of it came to Washington. will have to come in again with hun- been very concerned, sympathetic, and Mississippi, Louisiana, Texas, and Ala- dreds of billions of dollars. Let’s be helpful to us after the hurricane. But bama, the States which permit energy proactive. Let’s try to do a better job they know we have coastal impact exploration off their coasts, reaped in protecting our coastal areas and our problems. We need to address some of very little benefit, but they incurred a marshes. If we do not take action, the those problems now, not later, because lot of the risks, some of the damage impact on fisheries could be absolutely they have become very serious. There and some of the threats. We provide detrimental. If you don’t have these are areas we are losing that are basi- the infrastructure. These boats don’t areas of brackish water, you are not cally going into the Gulf of Mexico, just take off from nowhere; they have going to have the shrimp and the fish and we can also take steps to preserve to be built somewhere. All of this goes we have been trying to develop there. what we have and to better prepare for on—it is not all perfect, let me be hon- This money will provide for mitigation hurricanes, use for protection and miti- est about that. There are certain chal- of natural resource damage. gation for the future. lenges. So we feel there should be an I firmly believe this will have a great The people feel very strongly about equitable distribution of the royalties impact in our area. It is the right thing it. It is not just our Governors who see from the Outer Continental Shelf to to do. These areas will be better, and in this obviously as one way to help us those of us who are on the front line. some instances they will be restored. deal with the future needs we have, but For years States that allow energy Louisiana is losing land every hour, also just the rank-and-file people. We production on Federal land receive 50 and although we may not have that big understand we need to get it done. percent of the Federal revenues from a problem in Mississippi yet, this prob- This proposal, which would give our these activities. Those of us in the gulf: lem is only going to get worse. We can Gulf States some share for our coastal zip—other than what we get indirectly take action to protect the future. impact, will give us the benefit of get- through the Land and Water Conserva- We have a chance to do some innova- ting some help. Also, the people under- tion Fund and through Federal largess, tive work. In my State of Mississippi, stand this is something we need to do which, in our area, is not much. we are not trying to put things back as for our country and are willing to do it

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.042 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8232 CONGRESSIONAL RECORD — SENATE July 26, 2006 in the gulf. I wish the rest of the coun- publicans voting for it. We had a ma- tion. I think some may not realize that try would follow our lead. However, we jority of Democrats voting for it. The we would not even be here today talk- are not going to fuss about that, we are bill was put together on a bipartisan ing about opening lease sale 181 for pos- just going to step up and do the job. basis in the Senate Energy Committee sible drilling if the Bush administra- Our people do feel very strongly under the leadership of its chairman, tion had followed through on the Clin- about it. They believe we have not been Senator DOMENICI, from my home State ton administration’s schedule for leas- treated fairly and it is time to do of New Mexico. ing. They proposed to do that, and it something about it. When the bill came to the floor, of was on their schedule when this admin- I yield the floor. course, Senators on all sides of the istration came into office. The PRESIDING OFFICER. Who many issues in that bill were given an The bill Senator DOMENICI and I in- yields time? opportunity to bring their amendments troduced did nothing to affect areas Mr. BINGAMAN. Mr. President, how to the floor, to debate those amend- under congressional moratoria or areas much time remains on the two sides? ments, to have them voted on, and de- that had been withdrawn by Presi- The PRESIDING OFFICER. The Sen- spite the broad sweep of that legisla- dential decree or order. No part of the ator from New Mexico controls 2 hours tion, we completed that process in 2 area to be leased was closer than 100 23 minutes, and the majority controls 1 weeks. miles from any point in Florida. hour 50 minutes. After passage of the bill, we went We have a map here that will give Mr. BINGAMAN. Let me speak for a ahead and had a very fair and open and people an idea of what was involved few minutes to give my view of the leg- inclusive conference with the House of with lease sale 181. This is the bill islation. Representatives that resulted in a con- which was reported out of the Energy First, let me just say energy issues ference report that enjoyed broad, bi- Committee with bipartisan support. are very much on the minds of the partisan support. You can see the line there, which is the American people. Rightly so. We have The Energy Policy Act addressed en- 100-mile line, showing we are not get- oil trading at above $75 a barrel. We ergy production. It addressed energy ting within 100 miles of Florida and have the price of gas at the pump above conservation. It addressed energy tech- showing the additional area that would $3 in most parts of this country today. nology and renewable energy, and it be open for leasing. Clearly there are a lot of explanations addressed oil and gas and coastal im- I should point out that between the for that, but that is part of the reason pact assistance, including assistance to time Senator DOMENICI and I intro- we should be focusing on this set of the States which are most interested in duced S. 2253 and the date our com- issues. this legislation. It made significant mittee had a hearing on that bill, the We have high and growing demand strides in the right direction on a host administration published its own draft for energy in the world. We have high of issues. proposed program for oil and gas leas- prices because not only do we have I had hoped, frankly, that we could ing for the period 2007 through 2012. high demand, we have constrained sup- continue to move forward in the energy That 5-year plan called for a lease sale ply, and we have great uncertainty in policy area this year by acting on a se- in the 181 area in the fall of 2007. The the world. All of that affects the price ries of measures to address the remain- area the administration proposed for of oil and the price of natural gas as ing issues. There are clearly remaining leasing contained about 3.07 trillion well. Whether the uncertainty is in the issues that need attention. One of cubic feet of natural gas and 620 mil- Middle East, whether it is in the Nige- those is the lack of effective steps to lion barrels of oil. rian Delta, whether it is threats of cur- increase efficiency in the use of oil and The current state of play under cur- tailed imports from Venezuela—there natural gas. rent law is that even if this legislation are all kinds of reasons the price of oil We did not do what we should have does not become law, the administra- is high. done in last year’s Energy bill to deal tion plans to open that area for leasing We need to focus on how do we begin with that issue. The Senate version of beginning in the fall of 2007. It was to pursue a strategy that helps solve the bill had some good ideas in it. Un- good news when we learned the admin- these problems. The truth is, our coun- fortunately, they were dropped in the istration intended to proceed to lease try is on the wrong track when it conference. We were not able to per- this new area. It meant that a substan- comes to oil and gas. According to the suade the House to agree to those. For tial new development of oil and gas Energy Information Administration that reason, this past May, I joined would take place even if we didn’t suc- Annual Energy Outlook, our projected with a bipartisan group here in the ceed with the bill Senator DOMENICI future demand for oil and natural gas Senate to introduce S. 2747, the En- and I introduced. is going to far outstrip our domestic hanced Energy Security Act. That bill At the hearing we had on S. 2253, I production capabilities, and that cir- addresses oil savings and alternative asked the Director of the Minerals cumstance is getting worse, not better. fuel infrastructure and provides for a Management Service, which is the All of the projections are that after the renewable portfolio standard and var- agency with responsibility for this passage of this bill, it will continue to ious other efficiency and conservation leasing, Ms. Johnnie Burton, whether get worse, not better. measures. the administration’s plans would wind We have the opportunity, the Mem- Another energy measure I hoped we up coinciding with what the bill envi- bers of the Senate and Members of Con- could act on this year is S. 2253. That sioned if passage of the bill was de- gress, to try to make some decisions to is the bill which would have required layed. She replied that that certainly get the supply/demand equation better the Secretary of the Interior to offer would be the case. into balance. How can we use oil and for lease lands within this original After the Energy Committee reported gas more efficiently and thereby need lease sale 181 area we have been dis- the bill in early March, we received ad- less than the projections would indi- cussing as part of this legislation. ditional evidence that the plans for cate we might wind up needing? How Early this year, I joined with Senator leasing new areas in this draft 5-year do we substitute the alternative fuels DOMENICI to develop and introduce the plan were on fairly solid ground, and in our energy mix on a faster basis, on bill on a bipartisan basis. The bill the new evidence was that the Congres- an accelerated basis? How do we would have opened portions of the sional Budget Office booked the ex- produce more and how do we find ways original lease sale 181 area that had pected revenues from royalties and to be more efficient? been proposed for leasing in 1997 by the bonus bids in the budget baseline for A year ago this coming Saturday, we Clinton administration. That proposal this 10-year period, 2006 through 2016. had final passage of the comprehensive by the Clinton administration was Even though a good portion of the oil Energy bill we passed last year, the En- made after negotiations with then-Gov- and gas contemplated in the original ergy Policy Act of 2005. On balance, I ernor Lawton Chiles, our former col- bill reported by the Energy Committee believe—I still believe and believed at league here in the Senate, Governor was incorporated into the developing that time—that was a good piece of Lawton Chiles from Florida. plans of the Minerals Management legislation. Mr. President, 74 Senators Those areas had been taken off limits Service, I thought it made sense that voted for it. We had a majority of Re- by a decision by the Bush administra- with the balance of the initial area

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.043 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8233 opened by S. 2253, we go ahead with the These yellow moratorium areas that to cap the revenue sharing, from 2016 bill and try to enact it. Unfortunately, are within the blue of the original lease to 2035, at $500 million per year. And at least from my perspective, events sale 181 area shown on the chart, these then it has a very interesting provi- since the committee reported the bill three resource-rich areas are not now sion. It says ‘‘net of receipts.’’ Rather to the full Senate have changed the bill under moratorium. If Congress does than actually capping the revenue in very substantial ways. In my view, not enact S. 3711, these areas could be sharing, the bill allows receipts from this is not the bill that we worked on leased under the next 5-year plan, if the 181 and the 181 south area to be in committee. Several of our col- the administration decided to include added to the $500 million cap. That leagues in the Senate took the position them, instead of being locked up until makes the so-called cap, in my view, at that S. 2253 should not move forward 2022. least much higher. However, even with without certain modifications. Let me, also, for a moment show a the cap, the amount flowing to the four My colleagues from Florida expressed chart that our colleague, Senator Gulf States is estimated to be some- a desire for a long-term moratorium off CRAIG, was using earlier this afternoon. where between $27.5 billion and $30.5 the coasts of their State. My col- He has a chart showing what is hap- billion during this period. After 2056, leagues from other Gulf Coast States pening south of the area that we are the full entitlement comes into play indicated that they would object to S. locking up for the next 16 years. This is with estimated losses to the Federal 2253 being considered without those the thatched area down near Cuba. I Treasury of between $12.5 billion per States receiving a fixed percentage of think looking at his chart sort of year and $15 billion in 2056 alone. the revenues from the oil and gas pro- brings home the unfortunate handicap This underscores the point which duced in the Federal Outer Continental we are putting ourselves under with people need to understand—that this Shelf off their coasts. this legislation. In fact, Senator legislation calls for this sharing of rev- Both of these demands, which were CRAIG’s bill, of which I am a cosponsor, enue or ceding of revenue to these four satisfied in this bill, which has now would allow U.S. oil companies to par- States in perpetuity. This is not in any come to the Senate floor, S. 3711, in my ticipate in the development of this way sunset. There is no time limit. view, have undermined the goals of the thatched area, the oil and gas re- This is from now on. The legislation original bill. Because S. 3711, which is sources in this thatched area down says these States will be entitled to the bill now pending in the Senate, near Cuba, some of which is as close as the money. locks up vast areas of the Outer Conti- 50 miles from the State of Florida. But As many of my colleagues know, I nental Shelf off Florida, and because at the same time in this legislation, we have strongly opposed diverting reve- the bill provides for the ceding to 4 of are saying we are going to prohibit nues from the Outer Continental Shelf. our 50 States billions of dollars of Fed- drilling for the next 16 years in areas It is clear to me, in reading the history eral revenues, I find myself in the posi- as far as 230 miles from the State of of this country and the laws of this tion of having to oppose the bill. Florida. To my mind, that doesn’t country, that this is a Federal asset The chairman of the Energy Com- make good sense. and that ceding of these revenues to mittee will point out that S. 3711 opens It would be ironic if Cuba proceeded State and county treasuries of coastal two new areas in the Gulf of Mexico. with drilling in its waters to extract at States is bad policy. The resources of That is true. Beyond the area proposed least 4 billion barrels of oil under its the Outer Continental Shelf belong to for opening by the new 5-year plan that territory, while at same time we were the entire Nation. Over the years, I talked about, Minerals Management passing legislation saying there would there have been several attempts by Service, S. 3711 opens a triangular sliv- be no drilling in the waters we control coastal States to assert some form of er in the area known as ‘‘the bulge.’’ through 2022. That is exactly what this ownership rights over the Outer Conti- You can see that sort of orange area on legislation says. nental Shelf. In the 1940s, coastal here. That is new under this legisla- Referring again to Senator CRAIG’s States tried to issue leases to oil com- tion. The legislation also opens the so- statement, he talked about the ‘‘no panies in these Federal waters. That called 181 south area, which is cur- zone’’—the large ‘‘no zone’’ all around led to a landmark decision in our Su- rently under a congressional morato- the country, where nobody wants to preme Court in 1947. The Supreme rium that expires this September 30. allow drilling. I will say we are adding Court ruled in 1947 that offshore lands There is also a Presidential with- to the ‘‘no zone’’ very substantially were, and always had been, owned by drawal for that area which is 181 south. with this legislation by putting in this the United States as a feature of its na- That is the lighter orange area down yellow area areas that had not been tional sovereignty. below the area that we have been talk- subject to moratorium and certainly Having been stopped by the courts, ing about. have not been subject to anything such the States turned to Congress to re- In order to get these additional re- as a 16-year moratorium, as we are quest that it turn these so-called sub- sources that are provided for in this about to enact here. merged lands over to the States them- bill, which amounts to 2.76 trillion In addition to being bad energy sup- selves. President Truman strongly ob- cubic feet of gas, S. 2711 puts 21.83 tril- ply policy for the long term, S. 3711 is jected to this. He vetoed the legislation lion cubic feet of natural gas in the also, in my view, bad fiscal and budg- that was sent to him. Let me read the eastern Gulf of Mexico off limits until etary policy for the long term. quotation from his veto statement. He 2022. The bill directs, as I think many said that he could not: I don’t think it is a very good trade have mentioned, 37.5 percent of reve- for the people of America for us to give approve this joint resolution because it nues from new leases to the four would turn over to certain States as a free up access to 21 trillion cubic feet of States, Texas, Louisiana, Mississippi, gift very valuable lands and mineral re- natural gas in order to gain access to and Alabama. Starting in 2017, a second sources of the United States as a whole; that 2.76 trillion cubic feet. Some of that 21 royalty diversion using the same per- is, all the people of the country. I do not be- trillion cubic feet of natural gas that is centage would be applied to new leases lieve such an action would be in the national being put under a 16-year moratorium in existing areas of the Gulf of Mexico interest. I do not see how any President in this bill is in areas that have never open to production. could fail to oppose it. been controversial in Congress. These We have a chart which makes the That was the basis for his very veto. areas were part of the original lease case as to what we are talking about. President Truman left office and Ei- sale 181 area that every annual con- We are saying, in the western Gulf of senhower took a different view. He gressional moratorium had exempted. Mexico and the middle Gulf of Mexico, signed the Submerged Lands Act of We are talking about this entire yel- that we are, in fact, going to cede 37.5 1954 that granted the coastal States low area. I think this chart is very percent of the royalties from produc- title to submerged lands within 3 miles similar to the chart that the Senator tion on new wells in those areas to of their coasts. from Florida, Mr. MARTINEZ, has been these four States as well; that those Later that year, Congress also passed using. It shows a very much larger area are funds which otherwise would go the Outer Continental Shelf Lands Act, that is being subjected to this 16-year into the Federal Treasury. asserting Federal control over the sub- moratorium than we have ever put In order to avoid a point of order soil and the seabed of the Outer Conti- under moratorium before. under the Budget Act, S. 3711 purports nental Shelf. The legislative history of

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.045 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8234 CONGRESSIONAL RECORD — SENATE July 26, 2006 these acts is clear. They were intended ern States have very different histories has a $93 billion impact in Louisiana as a final settlement of the issue of when it comes to patterns of life own- and employs 62,000 people. The energy who owned what on the Federal Outer ership. A long time ago, in the 19th sector in Louisiana supports $12.5 bil- Continental Shelf. century, a large part of States such as lion in household earnings. It pays $1.14 In recent years, as the resources of Louisiana consisted of public land. But billion in State taxes. Workers em- State waters which were granted under the laws at that time allowed that Fed- ployed by the offshore oil and gas in- the 1953 act have been depleted, and as eral land to be patented and bought dustry can expect to earn salaries be- the great resource potential of the Fed- into private ownership or given to the tween $75,000 and $100,000 a year. That eral waters has come into full review, a State where it now forms the tax base was in 2002 when the report was issued. new drumbeat has arisen. The claim is for those States. That explains why Oil exploration and production value- that coastal States should have a pref- there is relatively little Federal land added income already exceeds $17 bil- erential share of the resources of the in a State such as Louisiana. The State lion and refined value-added income is Outer Continental Shelf over and above enjoys the ability to levee taxes, in- nearly $5 billion. other States that, under current law, cluding severance taxes on all the oil The same facts can be told for each of are equally entitled to these receipts, and gas that is produced within the the coastal States that border the Gulf and under the Supreme Court’s view State, which is considerable. of Mexico. They derive substantial eco- are entitled to these receipts. The development of the western nomic benefit from their strategic lo- We are not talking about trivial States took a very different turn in cation next to these oil and gas depos- sums of money. Oil and gas receipts 1920 when it became clear that there its that are still owned by the United from the Outer Continental Shelf are was a significant amount of Federal States. the third largest source of income to land that had oil and gas potential. In- For these reasons, I cannot support the United States after taxes and Cus- stead of allowing that land to be pat- the current proposal to set in motion a toms duties. ented and brought into private owner- permanent and a very large diversion Over the next several decades, it is ship under the mining laws, as had hap- of Federal royalties from the Outer estimated that oil and gas royalties pened in earlier years in States further Continental Shelf to these four States. from the Outer Continental Shelf will east, Congress passed a new law—and I am sympathetic to the environmental exceed $1.2 trillion. As we look to the that is the Mineral Leasing Act I was damage that has been caused over the future, a future in which we will have just referring to. This act forges a very years to coastal wetlands. Much of that large bills coming due at the Federal different bargain. damage in the past was from causes level, with the retirement of the baby In return for keeping the lands with other than oil and gas activities. An rich oil and gas resources under Fed- boomer generation, it is unwise, in my important source of the future threat eral ownership, therefore, out of the opinion, to consider permanently di- is from factors such as global warming. verting these revenues away from the State’s tax base, the Federal Govern- Last year, in the Energy Policy Act, Federal Treasury to these four coastal ment agreed to give the States a share we enacted a Coastal Impact Assist- of the Federal royalties as compensa- States. ance Program that directed $1 billion I have often heard the argument that tion for the lost tax revenue involved. be paid as mandatory spending over 4 we ought to give a percentage of Fed- This compromise represented no injus- years to the Gulf Coast States. I tice to any State that had previously eral royalties to the Outer Continental strongly supported that measure. I had all of its Federal lands converted Shelf, to the nearby States because have strongly supported funding for re- into private land through land patents. Western States, such as my own, New construction of the gulf coast in the These eastern States already had what Mexico, receive a portion of the royal- tragic aftermath of Hurricanes Katrina the western States were giving up; that ties from the Federal lands within and Rita last summer. is, the ability to tax all of the eco- their borders. The policy rationale for the perma- Let me address what I believe is a nomic activity within their borders. nent revenue diversion proposed in this If you read the legislative history of false comparison head on. The first ob- bill, in my opinion, is highly flawed, the Mineral Leasing Act of 1920, it is vious point is that the Mineral Leasing just as the energy policy rationale for clear that the split of revenues between Act which has been adopted made pro- the Federal Government and the State the bill is also flawed. If you want to visions for my State to receive 50 per- governments was in compensation for have a strong and fiscally solvent Fed- cent of the royalties for production on removing lands from the tax base of eral Government, you need to be very Federal lands. This Mineral Leasing the States. careful about new spending entitle- Act does not discriminate against Lou- So when you recognize the reason for ments and claims on Federal revenues isiana, Mississippi, or any other coast- the 50–50 split of royalties on Federal being created by the Congress. The pro- al State. To the extent that the Fed- lands within the boundaries of States visions of this bill do not reflect that eral Government reduces oil and gas under the Mineral Leasing Act, it is kind of concern. and collects royalties on Federal land clear to me that transposing this sys- If we are to cope with the rising de- within their borders, the Federal Gov- tem to the Outer Continental Shelf mand for energy, and particularly for ernment pays 50 percent of those reve- makes absolutely no sense. Federal natural gas, we must also approach nues to the States just as they do in ownership of the Outer Continental that matter. Strictly giving up, for the my State, just as they do in Wyoming, Shelf takes nothing away from the tax long term, access to 21 trillion cubic just as they do in every other State in base of any coastal State. To the con- feet of natural gas just to obtain just the Union. trary, Federal development of national over 2 trillion cubic feet is short- Indeed, according to the Minerals assets on the Outer Continental Shelf sighted, in my view. Undertaking to Management Service, between 1982 and actually results in enhanced economic solve our long-term problems with nat- 2003 the Federal Government distrib- activity, increased tax revenues in ad- ural gas supply and demand by focus- uted $14.8 million to Louisiana from jacent coastal States. ing just on the supply side I also see as onshore Federal leases under the Min- One report that illustrates this fact shortsighted. eral Leasing Act. The reason Louisiana is published in 2002 by Louisiana Let me talk a little bit about the did not get more was because there is Midcontinent Oil and Gas Association. precedent of what we are doing. I see very little Federal land in Louisiana It is entitled ‘‘The Energy Sector Still that as another and somewhat separate that produces oil and gas. Most on- A Giant Economic Engine for the Lou- reason for opposing this legislation. S. shore oil and gas development in Lou- isiana Economy.’’ That title is a pretty 3711 sets bad precedent both in the en- isiana takes place on State or private good thumbnail description of the true ergy policy area and in the fiscal policy land and not on Federal land. impact Outer Continental Shelf activ- area. There is no reason I can think of Louisiana, like any other State, re- ity has on the Gulf Coast States. That why coastal States up and down our ceives 50 percent of the royalties col- activity is a giant engine for their seaboards will not demand the same lected by the Federal Government from economies. kinds of treatment being demanded by Federal oil and gas leases. Western Here are some of the facts in that re- the States that are insistent upon the States, such as New Mexico, and east- port. The report says the energy sector provisions in this legislation.

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.046 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8235 Let me put up the chart that shows In any event, Senator BOND asked to make that point just in kind of a sum- what we are talking about. The Outer be next. He is here. Senator SESSIONS is mary manner, which is part of what Continental Shelf is the blue area sur- speaking for our side. We will go back my friend and great colleague has been rounding the country. Of course, this and forth. Senator SESSIONS asked he arguing in derogation of this bill on bill just deals with the gulf. We all un- be next on our side. And the senior the Senate floor. derstand that. But let’s just think Senator from Alabama who is here, Then I had one more observation. As about the precedent we are setting that also, would like to speak next. to the big piece of land we are not will come back to haunt us when we How much time does Senator BOND going to be able to drill in in the future have this issue revisited in the future. want? that my friend has alluded to, if you My sincere concern is that if we take Mr. BOND. Seven minutes. just look at that map, the perpen- the steps that we are proposing to take Mr. DOMENICI. Senator SESSIONS? dicular line is a line established in a in this legislation that lock up Florida Mr. SESSIONS. Fifteen minutes. letter from the military which said until 2022, or the areas off the coast of Mr. DOMENICI. Senator SHELBY? they needed, for future use, everything Florida going out at least 125 miles Mr. SHELBY. Ten minutes. I will try beyond that line. And everybody had until 2022, we are well on our way to to do it in less. been agreeing we would not, without making these other resources unavail- Mr. DOMENICI. I have 1 hour 50 min- the military’s consent, ever drill there. able also until 2022. utes; is that right? And Senator BINGA- And that is essentially why most of We are also setting a bad precedent MAN has how much? that property is off limits. Now, there in the fiscal arena, as well. Where pro- The PRESIDING OFFICER (Mr. MAR- is more to the story than that, but that duction is allowed, other States are TINEZ). One hour forty-five minutes. is the biggest portion of the story. likely to demand the treatment that Mr. DOMENICI. Senator LANDRIEU Having said that, I would certainly we are here affording to Texas, Lou- wants to speak 10 or 15 minutes. We like to say to my colleague, Senator isiana, Mississippi, and Alabama. will welcome that. If we add that up, BINGAMAN, I trust that we are back to- Take Alaska, for example. If you do a we have plenty of time. gether soon to get another great En- little reading on where our undevel- I want the Senators to know we have ergy bill; and we will. I would feel oped natural gas and oil resources are, a schedule. It is not me; Members have much better if you and I were together much of it is off the coast of Alaska. to follow each other. on this, but I feel just as confident, or The Federal Outer Continental Shelf I take a minute and say to Senator more so than I did on the Energy bill, off the coast of Alaska covers a vast BINGAMAN, I am not going to answer that the way to get Outer Continental area, some 600 million acres. The Outer now the detailed allegations today. I Shelf drilling is to start with this new Continental Shelf off Alaska’s coast is think two or three are significant, but precedent and get it going. And I think more than twice the size of Alaska I am just going to say to the Senate I the ball will roll. If you get this, you itself. have the most respect for my col- will get offshore drilling in real quan- To give an idea of the immensity of league. I think everyone knows we tities. You will get more than ever to this OCS area, the onshore lands of the work together, shoulder to shoulder. It the Treasury and more than ever to the State of Alaska comprise some 366 mil- is good to work with him. I think he bounty of production. That is what the lion acres. The Federal Outer Conti- must feel the same. We got something real ball game is about. And you either nental Shelf off Alaska contains vast great done. do something like that or you sit resources, an estimated 26.6 billion bar- However, I believe there is one flaw around and wish. We have been wish- rels of oil, and 132 trillion cubic feet of in the argument that is imperative. ing, and it never happens. gas. That is, plain and simple, do you want So with that, I yield to Senators. I If we start down this road, as this bill to hang tight with an ideology of the will be off the floor. You can take time does, in my opinion, with respect to past and get no bill and no new devel- in your sequence. I will come back in the Gulf Coast States, we will certainly opment or do you want to adjust to an hour and a half or so, and if there is be asked to give 37.5 percent of the rev- change and get something significant? time, I will wrap up this afternoon. enues of producing these Federal re- Now, he might not agree, my friend Thank you very much. sources off Alaska’s coast to the State might not agree that I am correct in The PRESIDING OFFICER. The Sen- of Alaska. In fact, such a proposal has saying what we are getting, but I truly ator from Alabama. already been developed. Other States believe the final product of the path we Mr. SESSIONS. Mr. President, I just are likely to follow. This is a precedent were going to follow—which was to not ask that my and Senator SHELBY’s that I think we will all come to regret. share the revenue; and we had not time slots be reversed. I know there are strong feelings on made any arrangement with Florida— Mr. DOMENICI. Sure. the other side of this issue. I under- was doomed to yield nothing, and we Mr. SESSIONS. He has another ap- stand the sentiments that some have, would be back where we were. pointment, and I would be glad to yield but I am persuaded this is bad energy Secondly, if we want to wait around to him and take the slot you originally policy for the country, that this is bad for MMS to do their plans and assume had for Senator SHELBY. fiscal policy for the country, and I hope that they end up with what they start- Mr. DOMENICI. Sure. Senator SHEL- that we are able to make some changes ed with, then just look at history. They BY would go right after Senator BOND in this legislation before we finally dis- hardly ever come out anywhere close on the proponents list. And they would pose of it so we can correct these prob- to what they started with, and they be followed by Senator SESSIONS. lems. probably would have done it again on The PRESIDING OFFICER. The Sen- I yield the floor. this one. We are better off, in my opin- ator from New Mexico. Mr. DOMENICI. Mr. President, I will ion, adjusting a bit to the reality of Mr. BINGAMAN. Mr. President, yield quickly, but I want to try to get getting something real than to stand could I just indicate for my colleague, the record straight with Senators so rigid on the philosophy of the past. I appreciate his comments. We do have they will know where we are timewise. Revenues: If you do not drill, you do a couple of Senators who are in opposi- We are in postcloture where every Sen- not get any revenues. We have been in tion who are coming to the floor and ator has a certain amount of time. By a no-drill posture for the American will wish to speak, too, at some stage. consent today, we are taking 6 hours, 3 Treasury for almost 20 years. I do not I do not want to line up so many pro- hours to those in favor and 3 hours to know how many more years we will be ponents that they are not able to make those against. I am in charge of the 3 with no revenues and no drilling, so I their statements within a reasonable hours in favor, and Senator BINGAMAN, am not worried about the fiscal policy period of time. So if we can fit them in so far, has been the only one who has because I am worried about the effect at some stage in the proceedings, that spoken. But he is in charge of the time on the economy and on people of not would be great, as soon as they arrive. on the opposition. He might give us using the resource. The PRESIDING OFFICER. The Sen- some of his 3 hours today if we run out, I can hardly measure that, I say to ator from New Mexico. or we would ask the leader. I have a lot Senator BOND. It is too big for me to Mr. DOMENICI. Mr. President, let me of speakers. measure as a budgeteer. So I wanted to say to my colleague, that is fine. I

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.048 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8236 CONGRESSIONAL RECORD — SENATE July 26, 2006 noted your staff had apparently gone more demand than you have supply, increase in the use of natural gas since and checked, and there might be some- the cost goes up. And that is what we 1986, and that accounts for nearly 25 body. I would like to ask that they let have. percent of our energy. And it is set to you know as soon as possible so you do Now, we are trying to reduce the de- increase by another 40 percent by 2025. not have people with the expectation of mand by conservation, but people con- We cannot afford to do that. Our pro- being next because they are right here, tinue to make choices, and the econ- duction of natural gas has fallen from and all of a sudden somebody drops in omy grows. Not only our economy 19.2 trillion cubic feet to 18.2 trillion and says: I am next because I am in op- grows, but the economies of India and cubic feet. That is a 7.2-percent de- position. I think that would be a little China, which are putting real pressure cline. We cannot afford to do that. unfair. I wish the Senator would work on demand, grow faster. But we are not We need to liquefy and gasify coal so with us on that. keeping up with the demand from pro- coal gas can fit in, too. That is some All right, having said that, I yield duction in the United States. Thus, our ways down the line. But in the mean- the floor. percentage of contribution to supply time, we have to go ahead with lease The PRESIDING OFFICER. The Sen- continues to decline. 181 and the adjacent areas. ator from Missouri. The area specified in S. 3711 will open Price increases hurt our economy. Mr. BOND. Mr. President, I rise to up 8.3 million acres of the Outer Conti- They hurt people who drive cars. U.S. offer a compromise and support a com- nental Shelf for oil and gas leasing as consumers spent $200 billion on natural promise. I have agreed to limit my re- soon as practicable, but no later than gas in 2005, which is four times as much marks to 7 minutes in the hope, how- one year from the date of enactment. as we spent in 1999. This has caused ever faint it might be, that people This area, which includes Lease 181 and both Federal Reserve Chairmen Green- might listen to me. an area south of Lease 181, is estimated span and Bernanke to repeatedly warn Secondly, I am here to support a to contain roughly 1.26 billion barrels that ‘‘natural gas bottlenecks endanger compromise. I am here to support a of oil and 5.8 trillion cubic feet of nat- economic expansion’’ and ‘‘pose risks compromise led by our good friend, ural gas. The natural gas supply alone to both economic activity and infla- Chairman DOMENICI, involving the oc- made available under this bill is tion.’’ cupant of the Chair, the Senator from enough to heat and cool 6 million High natural gas prices cost us man- Louisiana, and a distinguished bipar- homes for 15 years. That is a good ufacturing jobs. The National Associa- tisan group of Senators who are com- start. We would like to have more, but tion of Manufacturers says that rough- ing together to bring out a compromise with the demand for energy so high, ly 3 million manufacturing jobs have that is going to solve a major problem. and the supply limited, we need to take been lost due in large part to natural We hear—on the floor, and wherever what steps we can. gas price increases. Chemical plants politicians gather, and pundits gather, With the price of gasoline over $3 a are moving overseas along with and and at coffee shops—people complain gallon, all of us are looking at the need fertilizer plants. about the high cost of gasoline, the to conserve, and that is one way we can According to the U.S. Chemistry high price of natural gas, and our make a difference: stop driving so Council, it is estimated that from 2000 unhealthy dependence on foreign oil. much, carpool, walk. People still get to 2005, the chemical industry saw the Well, my gosh, they are all right. They there. I used to walk to school, ride a loss of 100,000 jobs and $50 billion to are all correct. We are importing over bicycle to school. That is not a bad overseas competition. Furthermore, 60 percent of our petroleum. idea for a lot of kids. It keeps you in the magazine Business Week reported We hear lots of people pontificate better shape. that of the 120 major chemical facili- In addition to the growing demand about the skyrocketing costs of nat- ties in the planning and construction for energy, disruptions in supply due to ural gas, heating homes, and how that stages around the world, only one is in geopolitical instability in the middle affects the need for low-income heating east and South America have caused the United States—50 plants are going assistance programs, and how it energy prices to spike upward. All of up in China. squeezes all of us who, like me, depend Job loss due to increased natural gas these factors have caused the price of upon natural gas to heat a house. Once prices has also had a devastating im- gasoline to increase by over 125 percent again they are right. Over the last few pact on the fertilizer industry because since 2000. As fighting continues in the years, natural gas prices in America natural gas is a key component in the Middle East and political instability have been some of the most expensive remains in South America and North production of nitrogen fertilizer. Late in the world. Some people cry out for Africa, energy analysts warn that $100 last year, Ford B. West of the Fer- the need to do something to reduce barrel oil could indeed be a reality in tilizer Institute informed the Senate these high oil and gas prices. the future. Appropriations Subcommittee on Inte- Well, in the past, when it has come The situation with natural gas is no rior that sixteen U.S. production facili- down to it, too many people have stood different. To say that we are in a nat- ties have closed permanently and an up and said: No, we are not going to do ural gas crisis is an understatement. additional five have been idled due to it. The reasons range from ‘‘not in my Why is this the case? Again, the answer rising natural gas prices—this rep- backyard’’—they do not want anything is quite simple. Over the years demand resents a 35 percent decline in U.S. fer- produced right near them, whether it is for natural gas has skyrocketed while tilizer production oil or minerals or a manufacturing domestic supplies have dwindled. And The agricultural sector is also taking process—that is called the NIMBY ap- when that happens, simple economics it on the chops. The president of the proach. Others are pushing environ- tells us that prices soar as they have in Missouri Farm Bureau, Charlie Kruse, mental concerns to the extreme, not recent years for natural gas. on March 17, 2005, testified that in the realizing that modern-day exploration We have a lot of demand for natural last 4 years, the retail nitrogen fer- of oil and gas is done with new tech- gas because of the increasing demand tilizer prices, because of the shortage niques that are designed to be as for this resource in the generation of of the supply of natural gas, have sky- friendly to the environment as pos- electricity. More and more electric rocketed from $100 per ton to $350 per sible. Then of course, there are others utility generation plants have been ton. These are real costs being put on who think that high gas prices make a forced to switch to natural gas. Nat- our farmers. great campaign issue in an election ural gas is also in short supply because Analysis from the Food and Agricul- year, and that it is in their best inter- of all the restrictions on its production tural Policy Institute, FAPRI, at the est to do nothing before November. and delivery, including restrictions on University of Missouri-Columbia indi- Well, there is a way to begin to re- access to these gas supplies and strict cates that fertilizer prices paid by agri- duce the price of oil and natural gas; environmental regulations, which have cultural producers increased by almost and that is to increase domestic sup- pushed a massive expansion of natural 50 percent between 2002 and 2006, with plies. Let me point out to my col- gas usage as opposed to the use other fuel prices increasing over 100 percent leagues that for all the laws we pass, energy resources such as coal. in the same time frame. This leads to we have not been able to repeal the law According to a Wall Street Journal cost increases of over $80 per acre for of supply and demand. If you have editorial, there has been a 40-percent rice, $50 per acre for corn and $10 to $25

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.088 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8237 per acre for soybeans, wheat and cot- best. This lack of domestic produc- Some in this Chamber will surely ob- ton. tivity and the volatility of the global ject to the provisions of S. 3711. They Farmers are hurting. These increased energy market are causing the every- will say that the legislation diverts costs are going to curtail the avail- day lives of Alabamians and people all needed revenue from the Federal ability of our food supply and raise the across this Nation to become increas- Treasury and bestows upon gulf pro- cost of our food as well. Transportation ingly difficult. ducing States a financial windfall. It is costs will also rise. I have no doubt that my colleagues important to point out that CBO esti- Well, the concern has been raised by have heard the same stories that I have mates this legislation will produce the distinguished Senator from New heard from my constituents in Ala- nearly $1 billion in new and unexpected Mexico that this legislation is not the bama—that they are having trouble revenue for the Federal Treasury over best deal. making ends meet because of the prices the next 10 years. In my view, asser- I might agree with him, but I will at the pump. They tell me they cannot tions that the gulf producing States tell you something. Standing here on afford to commute to and from work, should not receive a share of these rev- the floor of the Senate, it is the best pay their monthly bills—particularly enues assumes that those States have looking one of the whole ugly bunch with record high temperatures—or run done and sacrificed nothing to deserve because I have been waiting for a long their small businesses. a share of the revenues. For too long time to find a way to increase the sup- These are not luxury costs. These are the gulf producing States have borne ply of oil and gas produced in the the basic costs of everyday life. Ala- the brunt of our Nation’s domestic en- United States. This is a start. He has bamians have asked that the Congress ergy needs while receiving virtually pointed out, we need to do a lot more do something to alleviate the burden of nothing in return. things. Well, I will be there to support rising energy prices, just as constitu- I would also point out that 37.5 per- whatever we can do to make a reason- ents have all over America. While the cent is less than the 50 percent cur- able compromise to overcome the ob- Gulf of Mexico energy bill will not im- rently provided to States with onshore jections, so we can start producing gas mediately lower gas prices, it will take production. And I would dare to guess in deep sea offshore drilling. a significant step forward in addressing that the impact to our coasts is as sig- I hope one of these days we can go many of the problems that cause rising nificant as any impact from onshore back up to the barren reaches above prices. Whether short or long-term ef- drilling. I would also reiterate that the the Arctic Circle in ANWR. I have been fect, one thing is abundantly clear: The bill provides 12.5 percent of the state- up and watched them drill in Prudhoe status quo is unacceptable. More im- side LWCF which will be made avail- Bay. There is no harm to the environ- portantly is the fact that because we able to all 50 States. The Gulf States ment. I will tell you, the caribou and have neglected to tap domestic re- portion will ensure that the States of the birds love it. The mosquitos are sources that are currently available to Alabama, Mississippi, Louisiana, and great. They are just as healthy as they us, we are forced to purchase energy Texas are compensated for the decades are in southern Alaska. sources from foreign nations that are of oil and gas exploration and produc- Tapping the energy resources in the often hostile to U.S. interests. Eco- tion that has taken place off their areas specified in this bill can have an nomic security is the underpinning of coasts, the impact the production has immediate impact on both the price of national security. Energy independ- had on our coastal areas and the bil- oil and natural gas because these areas ence, as I have said many times, is lions of dollars this production has are located in the Gulf of Mexico near vital to economic stability. brought into the Federal Treasury. existing oil and gas production infra- To achieve a higher level of energy The legislation clearly lays out a for- structure. With its proximity to major independence, we must increase domes- mula that compensates the States ac- oil and natural gas transport terminals tic capacity and production. While no cording to their proximity to drilling and pipelines, these new energy re- single solution will immediately solve as well as their historic production and sources could be quickly shipped to the our current problem, there are imme- does so while positively impacting the market for use. diate steps we can and must take to- budget. The legislation also ensures Well, in closing, I commend Senator ward that end. I believe the legislation that the coastal counties and parishes DOMENICI for putting together a bipar- before us, crafted by Senator DOMENICI, that are impacted the most have a tisan group to support this bill. I laud myself and other Senators, represents dedicated funding source to address the his efforts. It is going to be done in an a critical step in that direction. needs of their communities. environmentally friendly manner. Last According to the Minerals Manage- This agreement also represents a year’s devastating category 5 hurricane ment Service, MMS, S. 3711 would open commitment by the gulf producing did not cause any significant oil or gas more than 8.3 million acres on the States to continue energy exploration spillage. And this new technology can Outer Continental Shelf in the Gulf of and production off their coasts. This produce this oil and gas from offshore Mexico for oil and gas leasing. MMS es- commitment contributes to the energy areas in an environmentally friendly timates these 8.3 million acres contain independence of the Nation. It is time manner and begin to break the logjam at least 1.26 billion barrels of oil and 5.8 that the gulf producing States were re- where supply cannot keep up with de- trillion cubic feet of natural gas, per- warded for their contributions and sac- mand. haps more. Tapping these resources rifices. And while it is difficult to esti- I urge my colleagues to support S. would reduce the cost of energy nation- mate what this will mean in the way of 3711. wide and serve to move us further down revenues over the next 60 years, there The PRESIDING OFFICER. The Sen- the path of energy independence as we is no doubt it will be a great resource ator’s time has expired. continue to explore and develop new to the Nation and provide substantial Mr. BOND. I thank the Chair and sources of energy. revenues to Federal and State treas- yield the floor. For Gulf States—and my State of uries. The PRESIDING OFFICER. The Sen- Alabama is one—that choose to allow I have no doubt this legislation will ator from Alabama. drilling off their coast, the legislation provide billions of dollars to Alabama Mr. SHELBY. Mr. President, at this also contains a long overdue and its producing partners in the Gulf point I rise to discuss the legislation revenuesharing mechanism. Gulf of Mexico. These funds will be avail- currently before the Senate, S. 3711, States allowing oil and gas production able to our State and local coastal gov- the Gulf of Mexico Energy bill. I am an off their shorelines will receive 37.5 ernments to address the problems that original cosponsor of this bill and percent of revenues from new leases. In come with drilling production and its strongly support its passage. addition, 12.5 percent of the revenues required infrastructure. It will ensure Over the last few years, we have seen will go to the stateside Land and Water we can begin to reverse the coastal ero- drastic increases in the prices of crude Conservation Fund for the acquisition sion and begin barrier island restora- oil and natural gas. While demand for of parks and recreation facilities tion that will protect our States from these products in our country con- across the Nation. The remaining 50 the all-too-familiar hurricanes. These tinues to grow, the domestic supply of percent will flow into the coffers of the funds will allow Alabama, Mississippi, these commodities remains stagnant at Federal Treasury. Texas, and Louisiana to enhance their

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.090 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8238 CONGRESSIONAL RECORD — SENATE July 26, 2006 fisheries and coastal infrastructure and we will discover huge unmet needs to LEAGUE OF CONSERVATION VOTERS, put hurricane mitigation programs in finance the current operations of our July 24, 2006. place to help us better prepare for the military. If we diminish the Federal Re oppose S. 3711, the so-called Gulf of Mex- storms of the future. Treasury, our ability to respond to ico Energy Security Act of 2006. The sponsors of this legislation have that issue and a host of other issues DEAR SENATOR: The League of Conserva- also worked closely with the State of will be contemporaneously diminished. tion Voters (LCV) is the political voice of the national environmental community. Florida to address the longstanding This legislation would mandate that Each year, LCV publishes the National Envi- concerns of the State regarding off- almost 38 percent of revenue from Fed- ronmental Scorecard, which details the vot- shore drilling on their coast. Specifi- eral resources generated by new leases ing records of Members of Congress on envi- cally, the legislation includes a 125- in new areas of production made avail- ronmental legislation. The Scorecard is dis- mile moratorium on drilling off the able by this bill will be given to four tributed to LCV members, concerned voters coast of Florida until the year 2022. I Gulf Coast States. Revenues that cur- nationwide, and the press. strongly believe all revenues leading to rently would be provided to the Treas- LCV urges you to oppose S. 3711, the so- U.S. energy independence should be ag- ury for the benefit of the Nation as a called Gulf of Mexico Energy Security Act of 2006. This backward-looking legislation fails gressively pursued. We should continue whole will be diverted to four States. to address our energy problems, raids the to develop alternative sources of en- This bill, if passed, will cost the Fed- federal treasury, and threatens our coastal ergy. We should promote energy effi- eral Treasury billions of dollars over economies and ecosystems with pollution ciency. We should encourage refinery time. I am not alone in my opposition and oil spills. capacity expansion, and we certainly to this legislation. Taxpayer advocates Opening more of our coastlines to drilling should continue to explore and develop and environmentalists share my con- is clearly not the answer to our energy prob- resources that are currently available cerns. I ask unanimous consent that lems, especially given that eighty percent of to us. We recognize that some of these the text of several letters be printed in offshore oil and gas resources are already open to drilling, and oil companies currently options will take time to affect our the RECORD expressing these concerns. hold more than 4,000 untapped leases in the current crisis. Others, however, remain There being no objection, the mate- Gulf of Mexico. Instead of despoiling our current capabilities. rial was ordered to be printed in the shores and perpetuating our dependence on S. 3711 provides that leasing must RECORD, as follows: oil, Congress should pursue faster, cheaper, commence in a substantial portion of TAXPAYERS FOR COMMON SENSE, and more environmentally friendly solu- the 8.3 million acres within at least 1 July 24, 2006. tions, including making cars and trucks go year of enactment. It says that leasing DEAR SENATOR: Taxpayers for Common further on a gallon of gasoline and increas- must occur in the remainder of the 8.3 Sense Action (TCS Action), a non-partisan ing our use of clean, renewable energy such budget watchdog organization, urges you to as wind and solar power. million acres as soon as practicable. In Unfortunately, rather than using Amer- the context of Federal energy policy, oppose S. 3711, the Gulf of Mexico Energy Se- curity Act of 2006. TCS Action is alarmed by ican ingenuity to advance a new energy fu- these are tangible measures that would provisions in the bill which alter existing ture that benefits both the economy and the have a considerable and direct effect in federal-state revenue sharing provisions for environment, S. 3711 continues to promote the short term on consumers and busi- royalty payments. Royalty payments rep- failed policies of the past. It opens eight mil- nesses and on the Nation’s economy as resent the second largest source of federal lion acres of Florida’s Gulf Coast waters to a whole. revenues after federal taxes. These provi- offshore drilling rigs, including more than In closing, this legislation is the sions will siphon off billions of dollars that six million acres that are currently pro- product of careful coordination among would have gone to the Treasury, further tected by the bipartisan moratorium on off- shore drilling that has been in place for affected States on behalf of the needs straining the nation’s fiscal health. TCS Action is not opposed to off-shore oil twenty-five years. S. 3711 would also divert of the entire country. It makes much and gas exploration and development. How- tens of billions of dollars in offshore drilling needed contributions to the Nation’s ever, federal waters are owned by all U.S. revenues from the federal treasury and give energy supply and compensates partici- taxpayers and the public has a right to re- the money to just four states. If the Senate pating States justly. At the same time ceive a fair return for the resources they were to pass S. 3711, it would pave the way it accommodates the concerns of those own. Oil and gas resources located within for a conference with H.R. 4761, the even who do not want oil and gas production federal waters should not be converted into more harmful House-passed bill that would to occur off their shorelines, and it pro- cash cows benefiting only four Gulf coast lift the moratorium on offshore drilling for all of our coastlines across the country. vides a mitigating mechanism for states. Gulf coast states currently receive significant royalty payments from waters We urge you to protect our coasts, our en- States that elect to participate. The within 6 miles of their coastline. In fact, vironment, and our economy by voting NO American people rightly expect their under current policy, Louisiana received on S. 3711, and instead supporting real solu- elected representatives to act on their nearly a billion in revenue from oil and gas tions to our energy problems. LCV has behalf to stem the escalation of our royalty payments from 1986–2003. scored votes related to energy policy and current energy crisis. While this meas- This legislation would dramatically de- coastal protection on numerous occasions in ure alone is not sufficient to solve our plete federal revenue generated by leases in the past few years, and the Political Advi- energy crisis, it is absolutely a nec- lease sale 181 and 181 south and all leases sory Committee will strongly consider in- cluding votes on this bill in compiling LCV’s essary component of the overall solu- that are issued after enactment of the bill. Currently royalties from these waters would 2006 Scorecard. If you need more informa- tion. return entirely to the federal government. tion, please call Tiernan Sittenfeld or Nat I urge my colleagues’ strong support Moreover, lease sale 181 would likely be Mund at my office at (202) 785–8683. for this crucial legislation. opened in the next several years regardless Sincerely, I yield the floor. of this legislation. Despite attempts to dis- GENE KARPINSKI, The PRESIDING OFFICER. The Sen- guise this legislation as a revenue generator, President. ator from Rhode Island. opening these tracts of off-shore waters Mr. REED. Mr. President, I yield my- under the proposed royalty-sharing provi- SIERRA CLUB, self 20 minutes. sions with the four Gulf coast states would July 25, 2006. The PRESIDING OFFICER. The Sen- have detrimental long-term effects on the DEAR SENATOR: On behalf of the nearly 800,000 Sierra Club members, I urge you to ator is recognized. federal budget. The Administration has also raised similar concerns to changes in rev- defeat The Gulf of Mexico Energy Security Mr. REED. Mr. President, the Senate enue-sharing on current leases and their cost Act, sponsored by Senator Domenici, and in- today is considering the Gulf of Mexico to federal taxpayers. stead fight for energy solutions that will Energy Security Act. I believe this leg- With the federal debt mounting and oil and save American families money and cure our islation is not appropriate energy legis- gas prices nearing record highs, reducing the addiction to oil. lation and also not responsible fiscal federal earnings on our natural resource roy- The Gulf of Mexico Energy Security Act, policy for the United States, as we face alties does not make fiscal sense. We urge S. 3711, will open an area the size ofthe State a Federal deficit of $8.4 trillion and you to vote against the S. 3711 and return of Maryland to new oil and gas drilling, ap- looming cuts to many vital programs some fiscal sanity to our nation’s energy pol- proximately 8 million acres in the Gulf of icy. If you have any questions, please con- Mexico. This bill would also repeal parts of that the Federal Government must tact Autumn Hanna at (202) 546–8500. the offshore drilling moratorium that has support. Next week we will begin to Sincerely, protected America’s coast for more than 25 take up the Defense appropriations bill STEVE ELLIS, years. It would also divert 37.5 percent of the for this year. As we consider that bill, Vice President of Programs. revenues from new oil and gas drilling in the

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.057 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8239 Gulf to just four states, costing the Federal I further urge you to oppose S. 3711 so that ment to the Energy Policy Act of 2005 Treasury nearly $20 billion over the next 20 a conference report with HR 4761, the House- that mandated $1 billion over 4 years in years. passed offshore drilling bill authored by Rep. direct Federal spending to gulf coast Not only does this bill lift the moratorium Richard Pombo (R–CA), never sees the light States and other producing States for on drilling in the eastern Gulf of Mexico, it of day. The House bill lifts the entire off- jeopardizes every other coastal state. The shore drilling moratorium nationwide, and the purposes of remediating environ- House has already passed an expansive drill- Rep. Pombo has made clear that the House mental problems caused by the extrac- ing bill that puts the entire Atlantic and Pa- intends on using the conference process to tion and production of energy. That is cific coasts on the chopping block. If the add as many of the House bill’s provisions to the right approach, to appropriate Fed- Domenici bill passes the Senate it will cer- the Senate bill as possible. We oppose S. 3711 eral resources, directed to help States tainly get much worse in a House-Senate in its own right; a conference with the House address a problem that is caused in conference committee, putting our wetlands, bill would be disastrous. marine environments, beaches and coastal large part by production activity. Thank you for your consideration in this What I object to is a permanent enti- economies at risk. matter. The Sierra Club strongly supports perma- Sincerely, tlement that does not state specific eli- nent protection for our beaches and coastal RODGER SCHLICKEISEN, gible uses to mitigate the environ- waters. Our coasts provide essential habitat President. mental harm of OCS production. For for fish and wildlife, a detination for thou- example, the bill before us today would sands of vacationing families each year, and Mr. REED. In 1952, President Tru- man, speaking about proposals to give allow the States to decide to fund a the economic lifeblood for thousands of tour- category described as ‘‘mitigation of ism and fishing communities. coastal States Federal offshore oil and The Domenici drilling bill continues to gas revenue said: the impacts of Outer Continental Shelf lead America away from smart energy solu- If we back down on our determination to activities through the funding of on- tions. It is estimated that drilling off of hold these rights for all the people, we will shore infrastructure projects.’’ This Florida’s coast would only bring 47 days of act to rob them of this great national asset. could cover any appropriate bricks and oil and 4 months of natural gas, and we That is just what the oil lobby wants. They mortar project in any State along the wouldn’t see any of it for at least 7 years. want us to turn the vast treasure over to a gulf coast, from schools to highways to There are faster, cheaper, cleaner and handful of States where the powerful private community centers, all of which I longerterm energy solutions like energy effi- oil interests hope to exploit it to suit them- ciency and clean, renewable energy that will think could and would be legitimately selves. argued by a State official as somehow start saving families and businesses money Those sentiments are not far off from today.. We do not need to sacrifice our today. In 1953, Congress enacted the Sub- mitigating the impacts of outer Conti- beaches and coastal waters to meet Amer- merged Land Act. This law provided that nental Shelf activities. ica’s energy needs. each coastal State would have a seaward So in a sense what we have opened up Thank you for consideration of our rec- boundary of at least 3 miles and that the here is a general revenue sharing, not a ommendations. If you have questions, please Federal Government would relinquish to the targeted approach to mitigating the feel free to contact Athan Manuel at 202–548– States the interests of the United States in specific harms caused by the extraction 4580. lands beneath the navigable waters within and production of petroleum and nat- Sincerely, the State boundaries. Importantly, the law CARL POPE, ural gas products. affirmed the Federal Government’s owner- Nothing in this bill requires the Executive Director. ship in lands seaward of the State boundary. Revenues from Outer Continental Shelf drill- States and communities to report back DEFENDERS OF WILDLIFE ACTION FUND, ing belong to the American people in all 50 to taxpayers and the Federal Govern- July 25, 2006. States. The legislation the Senate is consid- ment how the funds are being used. I Re oppose S. 3711, the budget-busting off- ering today violates this pact with the don’t think there is any appropriate shore drilling bill. American people, and it denies the Federal mechanism of routine reporting. I sup- DEAR SENATOR: The Defenders of Wildlife Treasury and the American people essential pose that if you objected to a par- Action Fund is an independent organization revenue to address the needs of our Nation. ticular project, you might sue in Fed- committed to giving conservation issues a political voice on Capitol Hill and around Again, to quote President Truman, eral Court saying they violated the act, the nation. The Action Fund publishes an since his comments still ring true but that is hardly an appropriate and annual Conservation Report Card which today: routine and rational way to ensure highlights the voting records of Members of I can see how Members of Congress from that the spending is appropriate. Congress on legislation vital to protecting [affected areas] might like to have all the Again, reading the very general lan- our nation’s wildlife and wild landscapes for offshore oil for their States. But I certainly guage in the bill, I would think that future generations. can’t understand how Members of Congress you could make a case that a school, Protection of marine life in the outer con- from the other 45 States can vote to give community center, and a range of tinental shelf is one of Defenders of Wildlife away the interest the people of their own Action Fund’s highest priorities. S. 3711, the States have in this tremendous asset. It is other projects would be infrastructure Gulf of Mexico Energy Security Act, would just over my head and beyond me how any that would mitigate in some way the dismantle the 25 year bipartisan offshore interior Senator or Congressman could vote broad effects of production of energy in drilling moratorium by opening 6 million to give that asset away. I am still puzzled these States. An argument may be acres of currently protected waters in Flor- about it. As far as I am concerned, I intend made that a vote against the bill is a ida’s Gulf coast to oil and gas development. to stand up and fight to protect the people’s vote against the communities and peo- The Action Fund urges you in the strongest interest in this matter. ple harmed by Hurricanes Katrina and possible terms to oppose S. 3711, which will Proponents of this bill argue that Rita. I don’t think that is true. This most likely be included in the next Con- servation Report Card. their coastal States deserve to share in debate has to be about responsible na- The eight million acres proposed for oil the Federal revenues because they have tional energy and responsible fiscal and gas development in the Gulf of Mexico tremendous costs and environmental policy. are home to more than 20 species of whales challenges arising from energy devel- We in this body have voted to provide and dolphins, five species of sea turtles, doz- opment and production that benefits $123 billion to help the gulf coast re- ens of fish species and hundreds of species of the whole Nation. They argue, with cover. That money, because of our dif- birds. All would be put at risk of collision some validity, that they bear costs, al- ficult financial situation, is literally and exposure to the routine pollution associ- though the benefits are shared by the being borrowed. The interest on that ated with oil and gas drilling if S. 3711 were to pass. An oil spill would further devastate entire Nation. I acknowledge that. I debt and the principal of that debt will our marine wildlife. fully acknowledge that energy develop- be paid by all Americans. It is an ex- While the bill would threaten our marine ment is harming our coastal zones, ample of why we need Federal re- wildlife and coastal economies, it would do leading to habitat loss and erosion. For sources in difficult times, because nothing to lower oil or natural gas prices; it this reason, in 2001 Congress authorized there will be other occasions where will simply feed our country’s unsustainable a coastal impact assistance program other Americans will see the same kind addiction to oil. From enforcing strict con- that provided Federal funding to of suffering, the same kind of destruc- servation measures to making our cars go farther on a gallon of gas, Defenders of Wild- States and local communities for miti- tion that was visited upon the gulf life Action Fund supports faster, cleaner, gating the impacts of OCS oil and gas coast, and we as a Congress have to be cheaper solutions than oil and gas drilling to development and production. It is also able to stand up, not just with words meet our energy needs. the reason why I supported an amend- but resources, to help these people. As

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.011 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8240 CONGRESSIONAL RECORD — SENATE July 26, 2006 we diminish the Federal resources by a fund investments, and severance taxes. our cars and light trucks, as well as very narrow revenue-sharing plan for In 2005, Texas petroleum and coal were promote the use of hybrids and vehicles four States, we diminish our capacity valued at $8.89 billion. All of these rev- that use alternative fuels. to respond. enues provide a strong and powerful I also hope we will have a chance to We have also directed and voted re- force of economic progress for all of amend this bill. I hope we have a cently for a $2 billion authorization for these communities. I daresay that, as chance to have a debate on an energy Louisiana’s coastal restoration pro- much as a burden is imposed, there bill that will include not only supply- gram as part of the Water Resources would be great reluctance for any of side considerations but also demand- Development Act. If more money is these States to try to curtail this eco- side considerations. All of this legisla- necessary to restore the gulf coast, nomic production because it benefits tion is important to consider, but I fear then more money should be provided, the community. we will be constrained to this bill. and that is not the sentiment of just Now, what is also troubling about the Finally, I am concerned that what- the people who live there, that is the legislation is not only the fiscal impli- ever we do in the Senate would open up sentiment of the American people be- cations, but also it is proposing a per- a conference with the other body. Their cause, frankly, if any part of our coun- manent entitlement that is unneces- legislation, H.R. 4761, the Deep Ocean try was similarly devastated, we would sary to generate new domestic natural Energy Resources Act, would lift the all be here asking our friends and col- gas and oil supplies. There are over 40 moratorium on offshore drilling for all leagues to help us, and I think they million acres of Federal Outer Conti- of our coastlines, not just the gulf would respond. What they may not be nental Shelf under lease, but the oil coast. I believe this would be a serious able to do, if we pass this bill, is re- and gas industry is sitting on over 33 step, putting in jeopardy fisheries and spond with the same kind of financial million acres of undeveloped leases. marine sanctuaries, further depleting clout because we will have already They have less than 7 million acres in the Treasury, further eroding States’ given Federal resources for the benefit production, and there is 328 trillion current positions with respect to drill- of only four states. cubic feet of recoverable natural gas in ing, and undermining environmental There are other aspects of funding the nonmoratoria areas. mitigation for energy development and that inure to the benefit of these coast- The United States consumes 25 per- production. My Rhode Island coastline, al communities. Section 8(g) of the cent of the world’s energy, and yet we like the coastline of every State, is Outer Continental Shelf Lands Act pro- have less than 3 percent of the world’s something we want to preserve and vides coastal States with a share of the oil supplies. We cannot drill our way to protect, and there is a fear that if the revenues received by the Federal Gov- energy security; yet this bill essen- House version prevails, these coastlines ernment from leases on Federal tracts tially provides only one way forward— will be jeopardized. that are adjacent to and within 3 miles to drill in the Gulf of Mexico. We de- We are in a situation where we have of a State’s seaward boundary. That is serve an energy bill that will reduce a burgeoning energy crisis. We just a specialized source of revenue which our dependency on fossil fuels and have to go to the gasoline pump to fig- goes to coastal States. Between 1986 strengthen our economy. ure that one out. This burgeoning en- ergy crisis impacts our foreign rela- and 2003, Alabama, Louisiana, Mis- On July 20, I joined 40 of my col- tions. We have scores of troops across sissippi, and Texas received nearly $2 leagues in sending a letter to the ma- the globe today because of our depend- billion in revenues from the Federal jority leader asking that we consider ency on oil. But this should not be the Government under section 8(g). This energy legislation that sets national occasion to entertain legislation that funding is precisely the type of funding goals to reduce our overall national de- is unwise in terms of energy policy and that could be used to mitigate the im- pendence on petroleum by increasing potentially very damaging to the fiscal pacts of OCS production. fuel efficiency and alternative vehicle Further, the Coastal Zone Manage- technologies, that protects Americans integrity of the United States. Before we open new lands to develop- ment Act’s ‘‘Federal consistency’’ pro- from price-gouging and market manip- ment, we need to ensure that the oil vision ensures that Federal actions, ulation, and that levels the playing and gas industries are putting undevel- such as OCS leases for energy produc- field for new renewable and energy effi- oped leases into production, and we tion, that are likely to affect any land ciency technology and, more specifi- need to take meaningful action to re- or water use or natural resources of the cally to this debate we are having, en- duce our consumption and increase re- coastal zone must be consistent with a sures that new energy proposals that newable energy supplies. We need to be coastal State’s approved coastal zone affect spending or revenues must be fis- more independent with respect to en- management programs. That means cally responsible and take into account ergy, reduce our consumption of fossil that if Gulf Coast States put into place the true long-term impact of these pro- fuels overall. This is an energy policy strong coastal zone management plans posals. That is not the bill we are con- which we should pursue, and as a fiscal to protect against erosion and the loss sidering today. policy, we have to maintain Federal re- I am left wondering why, as the Sen- of wetlands and environmental com- sources for Federal responsibilities. plications, the law would require a ate finally takes up energy legislation, I yield the floor. Federal OCS lease to be consistent we are not debating and voting on a The PRESIDING OFFICER. The Sen- with these plans and make these States bill to increase fuel efficiency in cars ator from Alabama is recognized. less vulnerable to storms. So not only and trucks. Why are we not voting on Mr. SESSIONS. Mr. President, I ask is this an issue of funding, it is an issue oil savings provisions? Where are the unanimous consent that the order of of States taking action to ensure that provisions in our energy legislation to speakers be as follows: SESSIONS, they have strong environmental pro- protect consumers from price-gouging MENENDEZ, COCHRAN, LANDRIEU, and tections, and these plans, in turn, ac- or restore lost royalties to the Federal ALEXANDER. cording to the law, will be imposed Treasury from oil and natural gas com- The PRESIDING OFFICER. Is there upon the OCS leases. panies making record profits? Where is objection? Now, we understand that energy pro- the mandated Federal funding dedi- Without objection, it is so ordered. duction is a burden to the States, but cated to fully funding energy efficiency Mr. SESSIONS. Mr. President, I be- it is also, in many situations, an eco- and renewable energy? lieve I had asked for 15 minutes. I will nomic benefit to these very same I hope the Senate will get to vote on try to do it in 10. I ask that I be noti- States. an increase in fuel efficiency stand- fied at the end of 10 minutes. The oil and gas industry is central to ards. Gasoline consumption in the Mr. President, I travel my State, and Louisiana’s economy, with an esti- transportation sector represents about I know that Senator SHELBY, who mated $93 billion impact in 2001. Over 44 percent of total oil consumption in spoke earlier, travels Alabama, also. $1.3 billion worth of oil and gas is pro- the United States each year. Including We meet with people and talk with peo- duced annually in Alabama. The State diesel fuel, the number jumps to 57 per- ple. I see people back in my hometown receives direct benefits of approxi- cent. To bring about any serious reduc- in church and in other places, and I get mately $285 million annually in the tion in our dependence on foreign oil, asked about energy prices all the time. form of lease bonuses, royalties, trust we must increase the fuel efficiency of People are concerned about it.

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.059 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8241 I have studied some of the economic Oil prices are at high levels. On July a good long time, but they dry up fast- numbers in this country, and I am a bit 14, 2006, the price of crude oil closed er than oil wells do. And if we don’t troubled. I think it is a valid concern around $77 a barrel. Many Wall Street constantly replace them, then we have for our Nation that, while the country analysts say it may hit $80 if this Mid- a problem. is doing well economically and unem- east crisis continues. By comparison, We have had a controversy in Ala- ployment is down, middle and lower in- the price of crude oil 2 years ago was bama recently about LNG, liquefied come workers’ salaries have not in- $35 a barrel. That has been an increase natural gas. This is natural gas that creased as much as we would like them of 100-plus percent. may be produced in the Middle East. It to. In fact, the higher income salaried High energy prices, for all practical is liquefied, frozen or brought to a workers, wage and hour workers, are purposes, result in a tax on the Amer- point of liquid by reducing its tempera- doing better percentage-wise than the ican consumer. And to whom do we pay ture. It is brought to the United lower income workers. That means the that tax? We pay it to foreign nations. States. A plant is set up, probably off- cost of energy impacts them signifi- Many of those nations are hostile to us shore, to heat it up and put it into the cantly. They ask me to do something diplomatically and politically. They American pipeline after we pay the for- about it. I talk about what I have been are not our greatest friends. In fact, eign shipper, after we pay the people to trying to do since I came to the Senate somebody has written an article stat- produce it in the foreign country, after 10 years ago, which includes voting and ing that the more oil wealth a country we pay the foreign country for this working to try to open up the ANWR has, the less friendly that country be- natural gas. That is what Alan Green- region, where large reserves exist, and comes. span told us we will have to do more of, to support nuclear power and clean Mr. Bernanke, the Chairman of the importing LNG. And we will be doing coal. I have been a supporter of eth- Federal Reserve Board, in April of this more of that if we’re not careful. anol, and I am hopeful that we will see year said: How silly it is to do that when right ethanol, biodiesel and matters of that Rising energy prices pose risk to both eco- off our own shores we have huge re- kind really advance as an option for nomic activity and inflation. serves of natural gas. We could keep all America. On June 15, he said: that wealth at home in our Nation. We I have to tell you that the most cer- The steep increases in energy prices over could produce that oil and gas so it tain and direct thing we can do is to in- the past several years have had significant goes right into our American pipelines crease domestic production of oil and consequences for households, businesses, and without having to be liquefied. It gas in this country. That is what we economic policy. would go right to the consumers are about to act on now. This legisla- One article I saw recently estimated around the country. tion is a concrete, direct way that will that higher energy costs have knocked Mr. President, 60 percent of our oil make a difference in the price of oil down our growth in GDP by 1 percent comes from foreign sources, including, and gas in our country. this year. 49 percent from OPEC nations in all, 14 One of my colleagues mentioned that The average price of gasoline has now percent from Saudi Arabia, and 12 per- some people like to use this phrase: Big hit $3.02. It is up from $2.28 a year ago. cent from Venezuela—boy, they have oil companies. I want to make one This hurts families. It hurts con- been taking action recently to see if thing clear: the reason we should open sumers. We know that. We hate to see they can discomfort the United up production in the Gulf of Mexico is that happen. We know there is a world- States—10.5 percent from Nigeria, and not to help big oil companies. We wide increase in demand for oil and 6.4 percent from Iraq. should open it up if, and only if, it is gas. We know that China and India are We paid $200 billion last year for for- good for the American consumer and growing. I was in South America re- eign oil and gas—$200 billion, wealth the American economy. cently. Almost every country I visited that Americans would rather see in- In fact, I am confident that many of had been having a 5-percent or more in- vested in our country, hiring Ameri- the big oil companies will have no in- crease in growth. That means they will cans to produce oil and gas. They terest in producing oil and gas from use more oil and gas. would pay taxes and be able to raise the Gulf of Mexico. They may be sit- I will tell you it makes a big dif- their families, have high wages and ting on large reserves of oil and gas ference to a working Alabamian, a good retirement plans and good health right now, and they may be very happy working man or woman anywhere in care plans. with $75 a barrel. Why should they this country, who now has to pay an A lot of people have wondered why want a competitor to go out and additional $50 a month for gasoline and these companies try to buy up our produce more in some other area if it maybe some more for heating as a re- ports and are buying up American in- might reduce the value of the oil and sult of natural gas. dustries. Why are these foreign coun- gas reserves that they possess? It is a Natural gas prices have risen dra- tries able to do it? One reason is, a myth and a falsehood that this has matically. On July 14 of this year, nat- number of them are oil-producing na- anything to do with oil and gas compa- ural gas in the United States was a lit- tions. These oil-producing nations have nies. tle over $6.25 per million Btu’s. Not too wealth they don’t know what to do What it has to do with is increasing long ago it was $12. It has dropped with. They want to invest it wherever the supply of natural gas and increas- about half, which is great news. But in they can, and the United States is a ing the supply of oil for American con- Russia and Oman, for example, natural good, safe place. I think that is a fac- sumers, keeping our wealth at home. gas comes in at about $1.25 per million tor. The transfer of our wealth to for- One thing is obvious to us: We very Btu. These higher costs do impact eign nations, many of whom are not much depend on natural gas. Eighteen American businesses, particularly, as our friends or allies, impacts American percent of U.S. electricity comes from well as consumers. jobs and American companies. natural gas—18 percent—is generated The vice president of Nucor Steel in With regard to where we get our nat- from natural gas. Nuclear power pro- Tuscaloosa, AL, said recently: ural gas, less than 20 percent of it is vides 20 percent of our electricity. Nu- The high price of natural gas significantly imported. Most of it is imported clear power is the only source of clean, impacts our ability to remain competitive through pipelines from Canada or Mex- reliable, and affordable electricity. and have a productive manufacturing sector. ico, but only 2.8 percent represents liq- Nineteen applications for nuclear pow- Some of the natural gas spike in uefied natural gas. That comes in from erplants have been issued since we prices is the result of speculation, it is Algeria, Egypt, and Trinidad. passed the Energy bill last year. Nine- the result of a fear of shortage, a fear So we are, in many ways, a self-con- teen applications for new nuclear pow- that is out there. We have seen that tained natural gas community. If we erplants have been issued since we prices have gone up and down in nat- have a real shortage, the price is going passed the Energy bill last year. It will ural gas. to go up. It means if you heat your make a big difference, but I have to I would say this: Natural gas produc- home with natural gas—and many tell you, I don’t expect 18 percent of tion in the Gulf of Mexico is at a point Americans do—or if your business de- electricity that comes from natural gas where we need to expand our areas of pends on natural gas for operations— to be reduced any time in the future. drilling. Natural gas wells produce for and many American businesses do,

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.060 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8242 CONGRESSIONAL RECORD — SENATE July 26, 2006 their costs are going to go up signifi- Katrina, came through so did several The PRESIDING OFFICER. The Sen- cantly. other powerful hurricanes last year. ator from New Jersey is recognized. If we produce natural gas off our Mr. President, over 3,000 of those wells Mr. MENENDEZ. Mr. President, I coast and put it directly in our pipe- were in the direct paths of those hurri- yield myself 20 minutes of Senator lines, that will help in a dramatic way canes, and we never had any significant BINGAMAN’s time. to contain the price of natural gas in spill of oil in the gulf. It goes to show America. how good the technology is, how hard The PRESIDING OFFICER. Without Alan Greenspan recently said: they have worked scientifically to objection, it is so ordered. Notable cost productions for both make oil and gas production safer. I Mr. MENENDEZ. Mr. President, I liquefication and transportation of LNG— think that is why Florida is beginning Liquefied natural gas—and high gas prices rise in strong opposition to this bill projected in the American distant futures to reevaluate this and are being more which would do little, if anything, to market have made us a potential very large amenable to the idea. Senator MAR- improve the energy situation in this importer. Access to world natural gas sup- TINEZ has worked hard to try to protect country. It would end up costing the plies will require a major expansion of LNG Florida’s interest as much as he can Federal Government tens of billions of terminal import capacity. but allow some additional drilling dollars in the long run, and it would He has been warning about that for there. I think we have gotten past that. create an opening for those who want some time. That is what we are wres- So I would say to my colleagues I have to eliminate coastal protections that tling with in Alabama today: Do we been in the Senate for 10 years and we tens of millions of Americans want and want an LNG plant? We already have been trying to open up additional enjoy. produce a lot of oil and gas offshore reserves in the gulf, and we should do that goes directly into our pipelines. that. But we haven’t been successful. It My primary concern with this bill is People are comfortable with that. We hasn’t worked. We have tried and tried the fact that it does absolutely nothing have had no significant spills in our and tried some more. to protect New Jersey. I don’t think it State. We are comfortable with that. Now Chairman DOMENICI has worked does anything for 44 other States, ei- But environmentalists and others are his heart out, and Senator LANDRIEU, ther, but I am here to represent the uneasy about this LNG terminal and working on the Democratic side, has people of New Jersey, and they are ill- whether we should go in that direction. met him halfway, and they have served by the legislation. So for every argument, from the en- worked and planned, and so many We do have a large chemical industry vironmental argument to the American other Members of this body have in the State, and I am sensitive to the economy, to reducing the cost, we worked on it. would do better to use oil and gas off- So we have a proposal now which I problems they are facing with the high shore. think will clear this Senate, will open cost of natural gas, which is a critical Conservation, alternative fuels, and up huge areas, 8 million acres of gulf feedstock for them. I have received let- domestic production are all important for production that can produce, and, ters from the industry urging me to things we need to work on. The Gov- as we heard from other speakers, large support this bill, saying we must pass ernment has had moratoriums on pro- amounts of oil and gas. It will be done this bill to lower gas prices and put ducing from offshore areas. It is some- in a way that is bipartisan and in a ourselves on the path toward energy thing I have been involved in since I way that we all can be happy about. independence. But this bill will do have been in the Senate, almost 10 We can keep the oil and gas people nothing of the sort, particularly in the years. We have had debate after debate, busy for the period that the oil and gas short term. I believe the outside groups vote after vote, but for a whole host of moratorium on the other parts of the supporting this bill know this, and reasons, we have not been able to get gulf remains in effect. So at that time they are hoping this is a ticket into a around this moratorium. We have not we will see what happens. If there is a conference with the bill the House of been able to produce more oil and gas mess or if there is unhappiness—maybe Representatives passed last month, a in the Gulf of Mexico because of it. nothing will change. Or, maybe at that bill that is stunning in its disregard for The State of Alabama produces oil point we can decide to open up more environmental protections. and gas in Mobile Bay. I live in Mobile. land in the gulf for production. It is almost close enough to throw a Mr. President, I don’t know what my The bill passed by the House would rock at from Fort Morgan Peninsula time was. immediately eliminate the long-stand- and hit it. It is right off the coast. We The PRESIDING OFFICER (Mr. ing moratoria that protect our coast- have them in the gulf right off the COBURN). The Senator has used 191⁄2 lines, not just in one part of the coun- coast. They produce a lot of oil and gas minutes. try but everywhere along the Atlantic, for this country. Mr. SESSIONS. I have gone beyond along the Pacific, the Arctic, and gulf In fact, I will show this chart. It is the 10 minutes I was looking to speak— coasts. Then it would be a free-for-all. sort of amusing to me. I used to com- far too far. I will wrap up and say I States that wanted to could allow drill- plain about it back in 2002. We were thank each of the Members of this body ing a few miles off their shores. Neigh- building a pipeline then. I see Senator who has worked hard to reach an ac- boring States that could be heavily im- COCHRAN from Mississippi is now on the cord that will have bipartisan support floor. He has seen all this before. We that should pass. Because this is im- pacted by the drilling, particularly in have been producing oil and gas up in portant to the American consumer; it the event of a spill, would have almost Mississippi and Alabama for quite a is important to the American economy; no say in the process. States that number of years. it is important to jobs in this country. didn’t want to drill would be given 50 In 2002, our good friends down in It will reduce the transfer of American miles of protection, way down from the Florida, who want no drilling 125 miles wealth to foreign nations where we are 200 miles we have now. If a State want- or more offshore, objected to new nat- now sending it to buy the energy we ed to get an extra 50 miles, it would ural gas exploration. But they were must have. have to apply to the Federal Govern- perfectly happy to build a pipeline to This is not a little matter; it is a ment every 5 years for that privilege. take our oil and gas down to Tampa, huge matter. Every now and then we The House bill also has a provision FL, so they can sit out on the dock and have an opportunity to truly do some- that opens national parks and marine have their mint juleps and watch the thing about an issue that our constitu- sunset over the gulf before they go sanctuaries to drilling. As long as your ents have raised with us. They have rig is parked outside of a protected back in their big houses kept cool with asked us to do something about rising area, you are free to directionally drill air-conditioning run by natural gas. I energy prices. This plan will work. It into that region. No thought is given to understand their environmental con- will produce large amounts of oil and the environmental damage that might cerns. But at some point, the producing gas for our Nation and it will keep us States have to feel we have been taken producing energy for quite a number of be occurring, the drill cuttings and here a little as chumps in this deal, years. toxic metals that can litter the sea getting not 1 cent from the 4,000 wells This is what we should do to fulfill floor. But then again, some thought that exist in the gulf—4,000 wells. that obligation to our constituents. must have been given, because the By the way, we have 4,000 wells in the I thank the Chair, and I yield the House bill also provides broad waivers gulf, and this most powerful storm, floor. for a number of environmental laws.

VerDate Aug 31 2005 02:37 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.062 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8243 One of the fundamental flaws of the The House passed a comprehensive na- of that, enough to take care of the House bill is an idea that we can split tional solution. country for a cozy Thanksgiving week- up the ocean into administrative boxes Here are two news reports from this end. with each State controlling its offshore week: But in the near term, in the next 10 territory. But the ocean has no bound- House Resources Committee Chairman years, we get almost nothing out of aries, and an oil spill will not respect Richard Pombo, the lead advocate of the this bill, and there will be absolutely any artificial lines we draw. There is House plan, has scoffed at the idea of simply nothing until 2011. territory off the eastern seaboard less accepting the Senate plan. Take a look at these numbers from than 75 miles from the coast of New Richard Pombo said that if the Senate the Minerals Management Service and passes its bill this week, he plans to work in Jersey the administration has already ask yourself, will this have a real effect conference to add as many of the House pro- on natural gas prices, with this type of proposed opening to drilling. The visions as possible. supply? Will this have any effect on House bill is yet another opportunity Then yesterday, in an AP report: for that to happen. It is another as- natural gas supply? Representative Richard Pombo, a key Nothing in the short term. But, in ex- sault on the Jersey shore, one of the sponsor of the House bill passed last month, most ecologically sensitive and eco- change for that ‘‘nothing,’’ we give said Tuesday he saw no way the House would away 37.5 percent of the royalties, nomically important parts of the State accept the limited Senate legislation as a of New Jersey. substitute for its bill—no way. money that could be used for homeland security, defense, housing, education— Our beaches are part of our $222 bil- Any Member of this Chamber who be- or actually helping the coastal States lion tourism industry, which is respon- lieves we can get the House to accept in this region to actually meet their sible for over 10 percent of the jobs in this bill as is should listen to these challenges. I do believe we should help the State. The New Jersey coastal statements and think again. them meet their challenges, particu- counties are home to over 1.5 million But I also don’t believe this is all larly Louisiana. Senator LANDRIEU has people. that great a bill to begin with. First, made a powerful argument on behalf of New Jersey is also home to a huge the fact is it doesn’t do that much. Let her State and those needs. But the fishing industry. According to the me show you this map of the region we question is, How do we best achieve American Sports Fishing Association, are talking about. that? Money for these other priorities there are over 800,000 recreational an- This region outlined in black, the we cede to four States, and for those glers in the State, contributing over contours of it are lease sale 181. The four States it is a great deal, but for $1.3 billion and 12,000 jobs to the State purple lines are the existing pipelines New Jersey and the other 45 States, I economy. Our commercial fisheries are in the gulf over here, and the gray critical as well. The port of Cape May don’t see how it is. squares are the oil and gas platforms There are some people who might and Wildwood is the fifth largest com- that already exist. This orange rec- mercial port in the country, by value. support this bill because of the money tangle right here has already been that will go directly to the Land and According to the National Marine Fish- opened. So S. 3711 would open this red eries Service, New Jersey landed over Water Conservation Fund stateside area in the middle, and these two tan program. But the amount of money in 185 million pounds of fish last year, areas, but the red area is already likely worth over $139 million. that fund that we will get in the first to be open next year by the administra- 10 years is a trifle. These are the fund- The waters off the coast of New Jer- tion anyway. Congressional action sey are home to over 300 species of fish ing levels for the stateside grant pro- isn’t necessary here at all. It is not gram for the past 6 years—see where and 300 species of birds, and our beach- under a moratorium, it is not under es are crucial stopping points for they are—and the amount in this withdrawal, so there is no need for us year’s Senate Appropriations Com- countless numbers of migratory birds, to act to get that gas. including some endangered and threat- mittee report. The average over that The only new areas the bill opens are time is about $82.3 million. ened ones such as the red knot. these two tan areas here, a wedge- The House bill is a direct threat to Under the bill we are debating, this shaped area in 181, and a bigger area all of this, and if S. 3711 passes, the new direct funding for the Land and called 181 south. They may look pretty House will have an opportunity to Water Conservation Fund would pro- big, particularly this one here in the move their bill forward another step vide a small fraction of what it had south, but combined, these two areas toward becoming law. been getting in the past and barely I know we have been told that the have less gas than this red region even meet the lower funding levels of Senate will try to avoid a conference— alone. recent years. While this does not re- and I certainly appreciate that—and Look how far these new regions are place the appropriations process for the that we may be able to get the House from the existing infrastructure in the Land and Water Conservation Fund, it to accept this bill as is. I have not region. Even if they were opened today, could make it harder in the future to heard any sort of commitment to that it would take years for companies to get appropriators to provide additional effect from the majority leader, and no start developing them. And once they funds to this program, beyond that one has presented a clear way to this do start developing them some years which is allocated in this bill. This is body to avoid a conference with the down the road, there is not all that no windfall for the Land and Water House. The House, meanwhile, seems much gas there to begin with. Conservation Fund, and it certainly Here is the claim the proponents of quite clear that it doesn’t find this bill doesn’t make up for the giveaways this bill make: 5.8 trillion cubic feet of satisfactory at all. RICHARD POMBO, the from the Federal Treasury. chairman of the House Resources Com- gas opened in this whole bill, which Finally, this bill provides statutory mittee who would lead the House dele- would be enough to heat and cool 6 mil- protections for Florida’s western coast gation in a conference, has been fairly lion homes for 15 years. It would take until 2022. That is unprecedented and blunt about this. Here are two of his care of the Nation’s needs for 3 months. treats Florida differently from all quotes: That is what they say. But how long other coastal States. I do not begrudge will it take to get that gas? Florida their attempts to get statutory Given the fact that the House bill passed Here are the estimates that the Min- with overwhelming support, it is unlikely protections to 2022. They deserve the that the House would accept the Senate bill eral and Mines Management Service right to try to protect their coastline. without having the opportunity to debate at say even going out 50 years—even But New Jersey also deserves the right least a couple of provisions, if not the oppor- going out 50 years—we only get about to protect our own. While we must tunity to bring it up to par with the House 80 percent of that 5.8 trillion cubic feet, fight each year for a 1-year extension bill. about 21⁄2 months’ worth. to the drilling moratorium and are be- Referring to the Senate bill: Looking into the median term, in the holden to the whims of the executive It is a third of the bill that the House next 15 years, this whole bill would branch which could remove the Presi- passed overwhelmingly in a bipartisan fash- open half a trillion cubic feet of gas. dential withdrawal at any time, Flor- ion just two weeks ago, That is about 9 days’ worth. The new ida would be protected. Pombo spokesman Brian Kennedy areas, the areas that wouldn’t be We simply seek the same protections said yesterday: opened, anyway, provide less than half Florida is being offered, a continuation

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.063 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8244 CONGRESSIONAL RECORD — SENATE July 26, 2006 of the moratorium until 2022. So I will crease job opportunities for American in the 1990s, 85 percent of its domestic be filing an amendment, cosponsored citizens across the country. It also au- needs were supplied through U.S.-based by a broad, bipartisan coalition of thorizes the sharing of 37.5 percent of production. But today, this industry Members from both coasts, including the revenue from new production of oil relies on imports for more than 50 per- Senators SNOWE, FEINSTEIN, LAUTEN- and gas in the Gulf of Mexico with the cent of natural gas supplies. This ad- BERG, BOXER, COLLINS, and many oth- States of Alabama, Mississippi, Lou- versely affects businesses such as Terra ers, that would put the Atlantic and isiana, and Texas. Industries in Yazoo City, MS, which Pacific Oceans off limits to oil and gas Mr. President, 12.5 percent of the rev- produces nitrogen fertilizer and relies drilling until 2022. enue from this production will be heavily on natural gas as a feedstock. While we file those amendments, we shared with all States through the We must act now to take advantage, are being told, unfortunately, that we Land and Water Conservation Fund. in an environmentally acceptable way, will not be given the opportunity to The sharing of revenue with States is of our national resources in the Gulf of offer any amendments to this bill. I be- consistent with the way other areas of Mexico. This legislation will do just lieve that is wrong. We have record- the country have benefited from oil that. It is estimated that this legisla- high gas prices. We face even higher and gas production, such as the west- tion will provide us with 5.8 trillion ones in the future due to instability in ern Rocky Mountain region, where 50 cubic feet of gas and 1.26 billion barrels the Middle East. We are putting a percent of oil and gas revenue goes to of oil. The process to begin extracting squeeze on families around the country the producing States. those resources could begin almost im- while allowing oil and gas companies The Congressional Budget Office esti- mediately upon the enactment of this to report new record profits this week. mates that this legislation will reduce legislation. We also have an electric grid in Cali- Federal spending by $900 million over I compliment the distinguished Sen- fornia that is straining under a record the 2008 through 2016 period. It in- ator from New Mexico, Mr. DOMENICI, heat wave, and global warming threat- creases domestic energy production the chairman of the Energy Com- ens to bring us even more heat waves and saves the Federal Government mittee, for his leadership in bringing like this in the future. Yet this is the money. this bill to the floor of the Senate. The only piece of energy legislation which The legislation will open 8.3 million Gulf of Mexico Energy Security Act is is likely to move this year, and we are acres to production on the Outer Conti- a step in the right direction and will not likely to be given the opportunity nental Shelf, and it will do it respon- benefit our entire Nation. I encourage to address any of the real energy prob- sibly. The offshore program will be its adoption by the Senate. lems this country faces. conducted under Federal environ- The PRESIDING OFFICER. Who There are a number of excellent mental mandates, including the Outer yields time? The Senator from Lou- amendments that are being filed by Continental Shelf Lands Act and the isiana is recognized. people on both sides of the aisle, National Environmental Policy Act. Ms. LANDRIEU. Mr. President, I in- amendments that would raise fuel effi- As unrest in the Middle East con- tend to speak for about 15 minutes. I ciency or provide for a real plan to cut tinues, the development of an uninter- think that was part of our unanimous down on the amount of oil we use or rupted supply of domestic energy be- consent agreement earlier. I know create new incentives for renewable en- comes more and more important to our there are other Senators who want to ergy. I will be filing amendments to en- national interests. Our economic secu- speak for and against. courage the production of biofuels and rity depends on it. At the present time, I wish to begin again by thanking the development of new vehicle tech- 37 percent of our petroleum comes from Senator DOMENICI for his strong and nologies, increase the amount of re- the Middle East or Africa. This legisla- able leadership. I want to associate newable energy the Federal Govern- tion will reduce our dependence on myself with the remarks of the chair- ment is required to purchase, spur the these foreign sources of oil and gas. man of the Appropriations Committee, growth of transit-oriented development American families and businesses the senior Senator from Mississippi, corridors to help reduce people’s de- feel the impact of increasing energy Mr. COCHRAN, who has been a real lead- pendence on cars, and others. costs every day. As gasoline prices rise, er in our effort to pull a coalition of But at the very least, we should be the heating and cooling of homes be- Senators together who are concerned allowing other coastal States, such as comes more and more costly. The new about the Nation’s energy supply and New Jersey, the opportunity to protect supply of natural gas which will be our growing dependence on areas of their own beaches the same way Flor- made available by the Gulf of Mexico this world that are not friendly to ida has already been taken care of in Security Act is enough to heat and downright dangerous. This coalition of this bill. The complete lack of protec- cool nearly 6 million homes for 15 Senators understands how important a tions for the New Jersey shore in this years. partnership is to maintain a long- bill and the lack of guarantees that Small businesses are strained by un- range, mutually beneficial relationship something much worse will not come expected increases in the cost of en- that helps the coastal States that out of a conference with the House ergy. As the cost of raw materials and agree to drill and the Nation that so forces me to oppose this bill. That is fuel rise due to supply not meeting de- desperately needs new supplies. our fundamental problem. I certainly mand, the cost of production and trans- I am going to try to answer some of hope, if the bill is to pass the Senate, port of goods is passed on to con- the charges that were made. As the it certainly does not come back in any sumers. Disruptions in our supply chairman, the Senator from New Mex- way other than its present version, or mean higher prices, lower productivity, ico, said, some of them are not worth else we will clearly be forced to do any- and ultimately the loss of jobs—espe- responding to because they are so weak thing and everything necessary to cially in small and medium size busi- on their face. But some do need to be achieve its defeat. nesses. responded to. I yield the remainder of my time. I American manufacturers face intense One of them that I want to set right yield the floor. competition from foreign companies is President Truman’s position. Some- The PRESIDING OFFICER. The Sen- who have an energy cost advantage. In- body might say: Senator LANDRIEU, ator from Mississippi. creased domestic supplies of natural why is it so important to know what Mr. COCHRAN. Mr. President, I am gas would assist our Nation’s indus- President Truman did? We need to look pleased to be a cosponsor of the Gulf of tries whose competitiveness relies on forward, not backward. Mexico Energy Security Act. The legis- natural gas as a raw material. The U.S. But you know, as a leader and as an lation will expedite oil and gas produc- agricultural industry, for instance, has elected official, I find it very helpful tion in areas that are at least 100 miles been facing a natural gas crisis since sometimes to understand history—the from the coastlines of Gulf Coast 1999. Farmers across the country use things we did right and the things we States and will enable our Nation to natural gas for food processing, irriga- did wrong—because it helps us to make reduce our dependence on foreign tion, and in the production of crop-pro- wiser decisions in the future. When so sources of energy. This will improve tection chemicals and fertilizers. The many lives depend on it—300 million, in our national economy and help in- U.S. fertilizer industry estimates that this case, in the United States, and

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.065 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8245 more in the rest of the world—I think THAD COCHRAN, if he were the President the lights on and to keep this economy it is important for us, as fast as we back then. It didn’t make any sense. moving forward. move up here, to try to get it right. So But for Members to come to the floor This bill comes to the floor not say- I want to get something right for the and read only a part of the history and ing it is the solution to all of our en- record. If somebody wants to come use it for their argument is not being ergy problems but arguing forcefully down here and debate me, please do, be- forthright. That is what history books that increasing supply is important cause I have many books about the will say. That is why those of us in and saying we have not done that in Tidelands oil controversy with which I Louisiana understood that it was Lean- over 20 years. We need to open areas of am prepared to debate. I have excerpts der Perez, who was leading the charge new drilling. of the veto letter Truman sent. I read for a greater share, 100 percent. We As a story, I had a group of French the original law. Why would I do this? were so angry because we basically Parliament members from France in Because this is very important to my ended up with nothing. We should have my office not too long ago. I cochair State. taken the 37.5 percent. the French caucus. We talked about a The truth of the matter is this: In That is what brings us here 50 years lot of issues. They were particularly in- the late 1940s, we didn’t know there later—not to rob the Federal Treasury, terested in the issue of energy. I put up was oil and gas in the waters off the not to ask for something that is not a map of the United States. And first coast. I think the first well was found ours but to cut a good deal, a fair deal, they asked me about nuclear because, in Pennsylvania, maybe the second one a square deal for the people of the gulf of course, the French are leaders of the in Texas, and the first offshore well coast, for the coastal States, and to world in that. They produce a different was off of a pier in California. I say a honor the wise offer made to us by kind energy technology than we do, pier because that is the way they first President Truman. and 80 percent of their energy comes were because nobody knew how they Here is a picture of it. I would have from nuclear sources. They were ask- could swim out. They made a pier to no such objection to such a provision, ing me about that. They also asked me walk out to put the rig in the water. which is similar to existing provisions about other aspects of the energy legis- And lo and behold, they discovered oil under which the States receive 37.5 per- lation. I showed them a map of the and gas. It wasn’t soon after that first cent of revenues from the Federal Gov- United States. I said this is where we well, there was a second well offshore ernment, oil-producing public lands allow drilling, and this is where we in Creole, LA. I know about it because within their borders. Because in the don’t, but we think we might have re- it is in my State, a little town that was 1920s the record will reflect, when oil serves in many other places. When they virtually destroyed by Katrina and was discovered on land, the Minerals saw the map of how restricted drilling Rita, where a lot of brave souls, pio- Leasing Act gave 37.5 percent to States is they were dumbfounded. They said: neers—just like the West is proud of such as New Mexico, to States such as Senator, why? This is a great country. the cowboys and the pioneers and the Wyoming, to States such as Colorado. America has resources. I said: Because wagon trains that went out West, those No oil or gas had been discovered in we have a backward-looking approach. of us along the gulf coast, the rough- water. So there was no reason for the We have not recognized new tech- necks who started this industry, those coastal States to be included. nology. We have not recognized that who own pirogues and skiffs and flat The Senator from New Mexico is cor- you can drill in places and minimize boats and walked in the marsh are rect because western States came into the footprint and expand opportunities proud of the industry which we devel- the Union under completely different for the economy while making sure oped. rules than the eastern States. There that you are protecting the environ- We don’t hang our head in shame was a lot more western land. So the ment. about it, despite the rambling up here Minerals Leasing Act was passed. It This is a step in right direction. The about big oil companies this and big oil was set at 37.5 percent. When oil and gulf coast is our Nation’s only energy companies that. People have made a gas began to be discovered in little coast. Three-hundred million Ameri- good living. It helped this country to places such as Creole and off the coast cans depend on this coast to work—and be the strongest economy in the world of California, there was interest in hav- work we do. and in large measure because of the ing the coastal States at 37. But be- This is a picture of a graph that I way we manage our resources. We need cause there was an overreach, we got like to show. I have shown it many to do a better job of that. nothing. times. The red is a natural gas pipeline President Truman offered the Gulf Yes, we have had jobs, we have had company, and all the pipeline compa- Coast States 37.5 percent. He said the economic opportunity. I am not deny- nies that exist in the Nation. You can land belongs to the Federal Govern- ing that. But what I am saying is a see there is a great cluster right here ment. There is no question it is Federal partnership is always better than going along the Texas coast, Louisiana, Mis- Government land and it is Federal re- it alone. The strategy of going it alone sissippi and Alabama. It comes right sources. But as your President, I will has resulted in not one new refinery here at Mobile Bay. This one lonely lit- agree to share the bounty. being built in this country in the last tle pipeline brings gas right over here Why? Because he was a smart man. 30 years and only expansion very re- to Florida because we are not able to He was an able leader, and wise, and cently, no new nuclear powerplants drill for several reasons. That is a sub- knew that sharing is always better being built until recently, and no new ject for another day. But this is the than hoarding. It is the first lesson areas opened under leasing because of gulf cost compromise. By the nature of kids learn in kindergarten. Why we no partnership. it, we all can’t get what we want. It is can’t learn it in Congress I don’t know. I wanted to get the Truman issue a compromise. These five States—four But President Truman figured that straight this afternoon. that are drilling States and one that is partnership is better than in lateral I also want to say that this bill is a nondrilling State—have come to- taking. So he offered us 37.5 percent good overall energy policy. I know we gether, Senators MARTINEZ and NEL- and he put a bill in and sent it to the cannot drill our way out of the situa- SON, all of us, to say: OK. Let’s stop Congress. You can read what happened. tion we are in. But we had better fighting and let us start working for But because of States rights issues change course. Since 1960, we have been the benefit of the country. Let us give and all sorts of other politics of the on a course of further dependence on Florida a reasonable buffer, new rev- time, the Congress, for whatever rea- oil and gas. We are building and trying enue sharing to these States, open son, decided the States should get 100 to permit more liquefied natural gas some additional drilling and help the percent. They amended his law that he terminals, which is good, but we are country get the domestic oil and gas it sent to Congress to give 100 percent building an infrastructure of depend- needs. Maybe it makes too much sense and the Federal Government to get ence. We need to build an infrastruc- for people to vote for, but there is an- nothing. That, of course, didn’t make ture of independence so that we can other reason that this money is so crit- any sense. And President Truman was make wise choices and not be behold- ical to Louisiana and Mississippi, Ala- correct. He vetoed it. I would have, too, ing to the suppliers of a commodity bama and Texas and, in particular, if I were the President, and so would and a resource which we need to keep Louisiana because our topography is

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.066 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8246 CONGRESSIONAL RECORD — SENATE July 26, 2006 different. I know people can’t grasp it The PRESIDING OFFICER. The billions in royalties from leases issued because you do not see pictures of it clerk will call the roll. under this act. Many have probably very much. We don’t have beaches The assistant legislative clerk pro- heard the reports to the effect that in similar to California and Florida. We ceeded to call the roll. 1998 and 1999 the Clinton administra- have only two. They are 7 miles long Mr. KYL. Mr. President, I ask unani- tion issued leases that did not include each—Holly Beach on the west and mous consent that the order for the price thresholds. Why is this a big Grand Island on the east. All the rest quorum call be rescinded. deal? It is a big deal because energy of our coast is quite expansive. It is The PRESIDING OFFICER. Without prices have skyrocketed and without marshland and grassland. It is the objection, it is so ordered. price thresholds to trigger payment of home of the mouth of the greatest Mr. KYL. Mr. President, I ask unani- royalties, we will not see a dime from river—the Mississippi River—system in mous consent the order of speakers be these leases. GAO estimates that the North America. That river goes all the as follows: Senators KYL, MURKOWSKI, mistake could cost up to $10 billion in way through our country. So this land TALENT, and ALEXANDER, with the un- lost revenues. is very fragile. Because of global warm- derstanding that Democrats will be ac- I wish that were the only problem, ing, and because of other things, be- commodated if they come to the floor. but it isn’t. A few producers who signed cause of some of the canals that were The PRESIDING OFFICER. Without leases in 1997, 1998, and 2000 that did in- dredged back in the early days before objection, it is so ordered. clude price thresholds have refused to we understood the degradation that Mr. KYL. Mr. President, today I pay royalty on production even though can be caused, this coastal land is erod- come to the Senate floor to talk briefly the thresholds have been exceeded. One ing. The hurricanes that are coming about S. 3711, the Gulf of Mexico En- of the companies has sued the Depart- are more fierce and strong. We lost in ergy Security Act of 2006, which will ment of the Interior, arguing that Inte- Rita and Katrina alone total land equal open new federally controlled areas in rior does not have the authority to es- to 73,000 football fields. We lose the the gulf to oil and gas leasing. I sup- tablish price thresholds for leases equivalent of one football field every 38 port the purpose of this bill as a nec- issued between 1995 and 2000. This could minutes, 73,000 football fields in 48 essary step in securing American oil have significant implications for royal- hours. That is the size of the District and natural gas for America’s energy ties already collected. GAO estimates of Columbia gone in 2 days because of consumers. It will start to address the the potential return revenue to be al- the great surges from the water and root cause of high energy prices which most $60 billion. wind from Katrina and Rita. is, of course, demand outpacing supply. Despite these concerns, the Congress This money is critical. And unlike However, there is one aspect of our enacted the Energy Policy Act which, our opponents who say there is no di- Federal oil and gas leasing program again, made royalty relief mandatory rect use of this money, the people of that needs fixing. That program is the in deep water leases but did not require Louisiana are poised to pass a constitu- Royalty Relief Program. I am hoping that royalty relief be conditioned upon tional amendment that all of that we will have the opportunity to offer price thresholds. money will go to coastal restoration some modest reforms to this part of This brings me back to the bill under and hurricane protection. the program. consideration and the modest reforms I might add we are happy to do that. Let me first explain how it works. to the royalty program that I seek to It is obviously popular and quite nec- Royalties are collected by the Depart- offer to improve the program going for- essary in the State of Louisiana to do ment of Interior from leases as a fixed ward. First, Congress must require that that. That is what our State wants to percentage of the net value of oil or gas the Secretary of Interior impose price do. I might add that the interior States produced from the leased area. The thresholds in all new leases that in- of New Mexico, Colorado, and Wyoming terms of the lease specify the royalty clude royalty relief. Directing the Sec- have no restrictions. The States that rate that applies to future production retary to include price thresholds in all share 50 percent of their revenues have from that area, on average, about 15 leases is an important near-term ac- no restrictions on the way the money percent, as well as the conditions under tion that will ensure that the Amer- can be spent. They can reduce taxes which the lessee may qualify for a roy- ican taxpayer gets a fair return for the with it. They can build universities alty holiday, a waiver of royalty pay- oil and gas produced from Federal land. with it. They can build highways with ments commonly called royalty relief. The 1998 and 1999 leases demonstrate it. They could put it in a trust fund and Mandatory royalty relief was pro- that the Interior Department cannot give out a check to everybody who vided pursuant to the Deep Water Roy- be trusted to do this on its own, and we lives in the State. But we have tar- alty Relief Act of 1995 as an incentive cannot afford another $10 billion mis- geted uses for these funds in this bill. to companies to undertake investment take. We want them to go for general envi- Second, Congress must reaffirm the in the deep waters. The incentive was ronmental purposes and to secure our Secretary’s authority under the 1995 intended to provide companies that un- coast—not just for the benefit of the 10 act to put price thresholds in leases. dertook these investments specific vol- million people who live along the coast Congress intended that royalties be but the 300 million people who depend umes of royalty-free production to help paid when prices were high. We must on this coast to be there decades from recover a portion of their capital costs ensure this is the case. now, hopefully, centuries from now—a before starting to pay royalties. The This bill is a natural place to make very valuable working coast for the act also gave the Secretary of the Inte- these fixes to the Royalty Relief Pro- Nation. rior the authority to limit royalty re- gram. After all, any royalty payments Energy comes from this coast, fish- lief based on market price. These lim- made or not made will directly affect eries come from this coast, the Mis- its are called price thresholds. Price the revenues that can be shared under sissippi River empties into the gulf thresholds act to set a gross revenue this bill. here, and 70 percent of the rain from ceiling so that companies do not ben- I urge my colleagues to work with the Midwest comes down through this efit from both high market prices and me on these important reforms. I hope river system. It is important that we royalty-free volumes. we can all agree that including these don’t wash it away. These incentives were offered at a reforms in this bill will improve and I know my time is up. I will come time when oil and gas prices were low not hinder the bill. back again to speak. Maybe there are and interest in deep water exploration I conclude by saying that I have spo- some other Senators who would like to and development was lacking. Since ken with Senator DOMENICI, the author speak. But I wanted to get President the passage of the 1995 act, natural gas of the bill, and that Senator WYDEN Truman’s position straight for the production is up 407 percent and oil 386 and I have urged some form of this re- RECORD. I wanted to say that our uses percent based on figures provided by lief be included in the bill. I appreciate are going to go for environmental pur- the American Petroleum Institute. very much Senator DOMENICI’s leader- poses and I wanted to say that without Despite the program’s successes, re- ship on this issue overall and hope that this money the coast will wash away. cent news reports and the administra- we can reach some kind of agreement. I yield the floor. I suggest the ab- tion’s own statements suggest that the In conclusion, I ask unanimous con- sence of a quorum. Government may be unable to collect sent to have printed in the RECORD a

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.080 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8247 Legislative Notice produced by the Re- ‘‘Evaluating the Risks of Opening an Area to ton, in a memorandum to the Secretary of publican Policy Committee on S. 3711. Energy Development.’’ the Interior, withdrew from leasing through There being no objection, the mate- EVALUATING THE NEED FOR ENERGY June 30, 2012, those areas of the OCS put rial was ordered to be printed in the DEVELOPMENT IN THE OCS under Congressional moratoria in the De- partment of the Interior and Related Agen- RECORD, as follows: Americans are facing high energy costs due to supply problems for both oil and natural cies Appropriations Act of 1998. Those areas LEGISLATIVE NOTICE gas, which are having an adverse effect on included those previously put under mora- S. 3711—GULF OF MEXICO ENERGY SECURITY the nation’s economy. Crude oil prices, for toria by President Bush, as well as the North ACT OF 2006 example, have hovered around $70 per barrel Aleutian Basin, the eastern Gulf of Mexico, Read the second time on July 21, 2006, and since April and recently reached $77 per bar- and the Mid-Atlantic and South Atlantic. placed on the Senate Legislative Calendar rel. As a result, American consumers have Not included in either of these Bush or Clin- under General Orders; no written report. been faced with high gasoline prices, some- ton acts was the Lease Sale 181 area. NOTEWORTHY times exceeding $3 per gallon on average. HISTORY OF LEASE SALE 181 As high as gasoline prices have been, the On Monday, the Majority Leader filed a In November 1996, President Clinton’s Sec- high price of natural gas may be having a cloture petition on the motion to proceed to retary of the Interior, Bruce Babbitt, adopt- greater impact on the economy. Throughout S. 3711, the Gulf of Mexico Energy Security ed a five-year leasing program (1997–2002) to most of the 1980s and 1990s, the wholesale Act of 2006. As per Senate rules, a vote on start the multi-step process to allow for price (commonly referred to as the ‘‘city cloture on the motion will occur on Wednes- eventual energy exploration and develop- gate’’ price) of natural gas hovered around $3 day. The Majority Leader has announced his ment in the Original Lease Sale 181 area. The per thousand cubic feet. By 2004, wholesale intention to hold the vote prior to the 11:00 Secretary’s decision was made after exten- prices exceeded $6, and by the end of 2005, a.m. Joint Meeting of Congress. sive consultations by the federal government Americans are facing high energy costs due they exceeded $10. Since then, the price has with coastal states, including the State of to supply problems for both oil and natural moderated somewhat, but it is still high at Florida (which, among the Gulf Coast states, gas, which are having an adverse effect on $6.19 per thousand cubic feet. In 2005, natural has traditionally offered the strongest oppo- the nation’s economy. Opening up the Outer gas consumers spent $200 billion on natural sition to energy activities off its coasts). In June 2001, after President George W. Continental Shelf (OCS) to energy develop- gas, which is four times as much as was Bush came into office, a Final Environ- ment would increase U.S. energy supplies, spent in 1999, the last time natural gas trad- mental Impact Statement was completed for which in turn would help reduce energy ed within its historic price band (the yearly the full 181 area, giving the lease owners the prices. average wholesale price during the 1980s and green light to begin development activities. In April 2006, the Senate Energy Com- 1990s was between $2.78 and $3.95). High natural gas prices have led directly to However, within weeks, the U.S. House of mittee reported S. 2253, a bipartisan bill co- job losses, particularly in the manufacturing Representatives passed an amendment to the sponsored by Chairman Domenici and Rank- sector. The U.S. chemical industry, whose FY2002 Interior Appropriations bill (H.R. ing Member Bingaman, by a vote of 16–5 products are found in 96 percent of all U.S. 2217) to prevent the use of funds to execute a (with 1 ‘‘present’’ vote), requiring the Sec- manufactured goods, has been hit hard by final lease agreement. The amendment retary of the Interior to offer for oil and gas high natural gas prices. The industry uses passed by a vote of 247–164, but was eventu- leasing 3.6-million acres of Original Lease natural gas as both an energy input and as a ally stripped out in conference. However, the Sale 181. key ingredient in its products (accounting Concerns over S. 2253 prompted additional strong opposition demonstrated by the for more than 10 percent of total U.S. con- negotiations, culminating in a new bill, S. House vote convinced the Administration to sumption). It has been estimated that, from 3711, which was introduced by Chairman offer a compromise proposal to adjust the 2000 to 2005, the industry lost $50 billion in Domenici on July 20 with 10 cosponsors, in- lease sale area from 5.9 million acres to just business to overseas competition, and re- cluding Senator Landrieu (D–LA), the Sen- 1.5 million, such that every point of the pro- duced U.S. jobs by 100,000 In the same time ator who had voted ‘‘present’’ on reporting S. posed area would be at least 100 miles from frame, the National Association of Manufac- 2253. the coast of Florida. turers estimates that, overall, the United In April 2006, the Senate Energy Com- S. 3711 represents a bipartisan agreement States lost 2.9 million manufacturing jobs, mittee reported S. 2253, a bipartisan bill co- among Gulf State Senators to enact legisla- due in large part to high natural gas prices. sponsored by Chairman Domenici and Rank- tion that would increase domestic supplies of Opening up the OCS to energy development ing Member Bingaman, by a vote of 16–5 oil and natural gas. would increase U.S. energy supplies, which (with 1 ‘‘present’’ vote). It required the Sec- HIGHLIGHTS in turn would help reduce energy prices. To retary of the Interior to offer for oil and gas S. 3711 would: the extent that energy development would leasing, within a year of enactment, 3.6 mil- Require the Secretary to offer a portion of add to the world supply of oil, it would re- lion acres of Original Lease Sale 181 that the Gulf of Mexico, including a portion of duce the world price for oil. More impor- were not subject to any moratoria or Presi- Lease Sale 181 and an area south of Lease tantly, developing domestic natural gas re- dential withdrawal. Concerns over S. 2253 Sale 181, for oil and gas leasing. sources would substantially reduce natural prompted additional negotiations, culmi- Make available to U.S. consumers an addi- gas prices, thereby lowering Americans’ nating in a new bill, S. 3711, which was intro- tional 1.26 billion barrels of domestically heating and electricity bills. It would also duced by Energy Committee Chairman produced oil and 5.83 trillion cubic feet of help halt job losses in the nation’s manufac- Domenici on July 20 with 10 cosponsors, in- natural gas. turing industry and contribute to robust eco- cluding Senator Landrieu (D–LA), the Sen- Put into place a 125-mile buffer until [stat- nomic growth within that industry and the ator who had voted ‘‘present’’ on reporting S. utory] 2022 for energy development in waters economy as a whole. 2253. off the coast of Florida in the Gulf of Mexico. HISTORY OF MORATORIA ON THE OCS The Senate Energy and Natural Resources Put some areas within Original Lease Sale The Outer Continental Shelf (OCS), as a Committee estimated that the area that 181, previously available for energy develop- whole, is estimated to contain approxi- would have been made available for energy ment, under moratoria. mately 60 percent of the remaining undis- development under S. 2253 contains 930 bil- Extend existing moratoria on energy ex- covered oil in the U.S., or 75 billion barrels lion barrels of technically recoverable oil ploration and development in the Gulf from of technically recoverable oil. It also con- and 6.03 trillion cubic feet of technically re- 2012 to 2022. tains as much as half of the remaining undis- coverable natural gas. This new bill would Distribute 37.5 percent of lease sale reve- covered natural gas, or 362 trillion cubic feet make available an area for energy develop- nues (by a formula to be established by the of natural gas. However, much of the OCS, ment containing 1.26 billion barrels of tech- Secretary of the Interior) to Alabama, Lou- including the U.S. waters off the coasts of nically recoverable oil and 5.83 trillion cubic isiana, Mississippi, and Texas. These reve- New England, California, the Eastern Gulf of feet of technically recoverable natural gas, nues must be dedicated to coastal protec- Mexico, the Mid-Atlantic, South Atlantic, according to the Committee. tion, restoration, and mitigation. Alaska’s North Aleutian Basin, and the Pa- EVALUATING THE RISKS OF ENERGY Distribute 12.5 percent of lease sale reve- cific Northwest have been put off limits by DEVELOPMENT IN THE OCS nues to the stateside Land and Water Con- Congressional moratoria or Presidential As with virtually any economic activity, servation fund, which provides matching withdrawal. energy development in the OCS carries risk. grants to States and local governments for Although Congress had enacted moratoria A major oil spill, for example, theoretically the acquisition and development of public on Interior Department appropriations bills could occur and could reach the U.S. coast, outdoor recreation areas and facilities. beginning in 1982, the areas covered by the thereby imposing major costs on the affected Retain 50 percent of lease sale revenues in moratoria varied from year to year. The ini- state. Such a spill could also inflict signifi- the General Treasury. tial action to remove most of the OCS from cant, even irreversible, harm on certain ma- BACKGROUND energy development activities on a more per- rine species. Nobody denies these possibili- The following background information is manent basis began in 1990 when President ties; nor should the mere possibility of harm drawn from two RPC policy papers issued George H.W. Bush issued an Executive Order (no matter how small) justify inaction. Pol- last month and titled, ‘‘Revisiting Energy prohibiting lease sales off the East and West icy makers attempt to weigh risks and bene- Development in the Gulf of Mexico,’’ and coasts for 10 years. In 1998, President Clin- fits—they evaluate the likelihood of harm

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.081 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8248 CONGRESSIONAL RECORD — SENATE July 26, 2006 and then weigh the potential costs of action 181 South Area, and 2002–2007 Planning Areas Mr. DORGAN. Mr. President, let me against the costs of inaction. When framed of Gulf of Mexico. ask that my time be taken from the This section provides that 50 percent of in this way, sensible decisions can be made time allotted to Senator BINGAMAN. on the acceptable level of risk. revenues derived from lease sale revenues in The PRESIDING OFFICER. Without An actual analysis of the last 30 years of the OCS be deposited into the general fund of experience with offshore exploration and the Treasury and 50 percent shall be depos- objection, it is so ordered. production activities shows that any harms ited into a special account in the Treasury, INDIAN HEALTH CARE are likely to be small in size and cost, and 75 percent of which (i.e., 37.5 percent of the Mr. DORGAN. Mr. President, I will are unlikely to pose a significant threat to total) will be disbursed to Gulf producing speak to an issue I spoke about nearly the survival of any species populations. Due States and 25 percent of which (i.e., 12.5 per- a month ago in the Senate. Because to advances in exploration and extraction cent of the total) will be disbursed to the nothing has happened substantially technology, major oil spills associated with stateside Land and Water Conservation fund. since then, I wanted to raise the issue. U.S. offshore oil and gas production have The 37.5 percent of total OCS revenues re- been virtually eliminated. Indeed, since 1980, served for Gulf producing States shall be dis- We are coming to the end of the legis- there has not been a single, significant oil tributed according to a formula established lative session. We will be here the rest spill from a U.S. exploration and production by the Secretary of the Interior. The formula of this week and next week. The time platform. The last oil spill to reach U.S. will distribute the funds in amounts that are for consideration is going to be devoted shores occurred 37 years ago, in 1969, in Cali- inversely proportional to the distance be- to legislation the majority leader has fornia’s Santa Barbara Channel. Further, tween the point on the coastline of each Gulf already described. Then we are off in there is no documented evidence of any oil producing State that is closest to the geo- August for an August break, back in spill occurring in U.S. waters more than 12 graphic center of the applicable leased tract September, off in October for the elec- miles from the shore reaching the shore. and the geographic center of the leased Moreover, only 2 percent of total petroleum tract. In other words, the further away a tion. inputs into the U.S. marine environment Gulf producing State is from the leased The issue I want to talk about is the originates from offshore oil and gas develop- tract, the less money it gets. Each Gulf pro- Indian Health Care Improvement Act. ment activities. Rather, fully 63 percent of ducing State shall receive a minimum allo- The reason I want to do that is I want total petroleum inputs into the U.S. marine cation of 10 percent in each fiscal year. to describe something that is hap- environment comes from natural seeps on Beginning in 2017, the same allocation for- pening in this country that very few the ocean floor. This strongly suggests that mula will apply to the 181 Area and the 181 people think much about, perhaps some the risk associated with deepwater energy South Area. For leases entered into for the don’t care much about, but I know that 2002–2007 planning area, starting in 2017 reve- development is very low. there are some in this Senate who do, BILL PROVISIONS nues shall be allocated to Gulf producing States in amounts that are inversely propor- and I believe they would agree with me [Note: This Notice includes a map that de- tional to the distance between the points on that we need to move forward and pass tails the area that would be made available the coastline of Gulf producing States that the Indian Health Care Improvement for energy development in the deep waters of are closest to the geographic center of each Act. the Gulf of Mexico under this bill.] historical lease site and the geographic cen- Section 1—Title: Gulf of Mexico Energy Let me describe why this is urgent. ter of the historical lease site, as determined Security Act of 2006. Some while ago I came to the Senate by the Secretary. Again, the minimum allo- Section 2—Definitions. and told my colleagues about a young cation for Gulf producing States in each fis- Section 3—Offshore Oil and Gas Leasing in woman—I did that with the consent of cal year is 10 percent. Historical lease sites 181 Area and 181 South Area of Gulf of Mex- include all leases entered into by the Sec- the young woman’s relatives—a young ico. retary in the 2002–2007 planning area from woman named Avis Littlewind. Avis This section requires the Secretary of the was, I believe, 14 years old. Avis took Interior to offer the 181 Area (that is, the tan October 1, 1982 to December 31, 2015. The end- area within the blue border on the map ing date will be extended every five years be- her own life. She laid in a bed for 90 above) for oil and gas leasing not later than ginning on January 1, 2022. For each of the days. She was supposed to have been in 1 year after the date of enactment of this fiscal years 2016 through 2055, the amount to school. Instead, she lay in a fetal posi- Act. It also directs the Secretary to offer the be distributed from Continental Shelf reve- tion in bed. At the end of that time she 181 South Area (tan area outside blue bor- nues shall not exceed $500 million. took her own life. Twenty percent of the share disbursed to der), previously under moratorium, for leas- each Gulf producing State shall be paid by No warning signs went up to anyone, ing as soon as practicable. nobody from the school, nobody from Section 4—Moratorium on Oil and Gas the Secretary to the coastal political sub- divisions of the Gulf producing States to be the mental health area, the tribe, or Leasing in Certain Areas of Gulf of Mexico. the family. Somehow she just escaped This section expands the moratorium on allocated according to an existing formula. oil and gas leasing to include areas pre- Gulf producing States shall use the attention. She, like her sister, 2 years viously available for leasing in the Sale 181 amount received under this section only for before her who had also taken her life, Call Area (the full area within the blue bor- one or more of the following purposes: coast- decided that life was hopeless, that she der, sometimes referred to as ‘‘Original al protection; mitigation and damage to fish, was helpless, and she ended her life. Lease Sale 181’’) and extends moratorium wildlife, or natural resources; implementa- I went to that Indian reservation be- tion of a federally approved marine, coastal, until June 30, 2022. The moratoria apply to: cause there are clusters of teenage sui- any area east of the Military Mission Line in or comprehensive conservation management plan; mitigation of OCS activities through cides on some of these reservations. We the Gulf of Mexico; any area in the Eastern had a cluster on the Standing Rock In- Planning Area (east of the green line) that is funding of onshore infrastructure projects; within 125 miles of the coastline of the State and planning assistance and the administra- dian Reservation shortly after that pe- of Florida; or any area in the Central Plan- tive costs of this section (no more than 3 per- riod. ning Area (west of the green line) that is cent). I talked to the folks on this reserva- within 100 miles of the coastline of the State COST tion, the school officials, the family of Florida (the yellow area, both inside and The Congressional Budget Office estimates members, the classmates, the tribal outside the 181 area, west of the green line). that S. 3711 would reduce direct spending by council. I discovered that had this This section provides for oil and gas devel- $926 billion through 2016. young woman been referred to treat- opment east of the Military Mission Line ADMINISTRATION POSITION ment, there was very little treatment after June 30, 2022, though the Secretary of A Statement of Administration Policy available, very little mental health ca- Defense retains authority to veto leasing in (SAP) on the bill was not available at press these areas. pability available to this young girl, time. It also provides that owners of existing oil and that is the case on most reserva- and gas leases within the areas newly under Mr. KYL. Mr. President, I suggest the tions. moratorium may exchange those leases for a absence of a quorum. Because I have known about the sad bonus or royalty credit that may only be The PRESIDING OFFICER. The situation with respect to health care used in the Gulf of Mexico; that the value of clerk will call the roll. for American Indians for some long the lease to be exchanged will be equal to the The bill clerk proceeded to call the while, I was not particularly surprised amount of the bonus bid and any rent paid roll. at what is happening with respect to for the lease; and that within a year of en- Mr. DORGAN. Mr. President, I ask actment, the Secretary shall promulgate mental health treatment on reserva- regulations to govern the lease exchange unanimous consent that the order for tions. process. the quorum call be rescinded. We have a trust responsibility for Section 5—Disposition of Qualified Outer The PRESIDING OFFICER. Without American Indians. We have a trust re- Continental Shelf Revenues From 181 Area, objection, it is so ordered. sponsibility for their health care. We

VerDate Aug 31 2005 02:06 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.015 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8249 fail miserably. We have tried—my col- But he said: The Indian Health System lated to 90 percent of the cases of tribal league, Senator MCCAIN, myself, and facility on Turtle Mountain has no individuals who enter treatment on the other members of the Committee on In- money, so you don’t get an MRI. You reservation. And there are very few dian Affairs—to put together a piece of have a bad knee, you have trouble, you places to get treatment, as a matter of legislation to extend the Indian Health have pain, but we are sorry, there is no fact. Care Improvement Act and try to make money to find out what the problem is. The plain fact is, this is an area of re- some improvements in delivery of No MRI. sponsibility for this Congress, and we health care to American Indians—yes, A member from the Mandan, Hidatsa, are not meeting it. We passed a piece of for children, but elderly folks and oth- and Arikara Tribes had a daughter who legislation through the Indian Affairs ers who are suffering. Yet that piece of was born prematurely and suffered Committee a long while ago, describing legislation languishes. Senator MCCAIN some complications as a result. That the need and describing the require- and I just talked about it yesterday, child died when she was 2 years old be- ment for reauthorizing the Indian and the committee wants to get that cause they did not have any funds, the Health Care Improvement Act, and legislation through, get it passed, com- Indian Health Service had no funds to that bill languishes. We have lots of plete it. send that young child to a high-risk things to bring to the floor of the Sen- Let me describe the circumstances in hospital, one that could probably begin ate that should not be here and do not terms of numbers. Then I will talk to treat those conditions. need to be here. This Congress often about some of the Indian folks who The chairman of one of the tribes treats the light far too seriously and have had some difficulty. We have a re- told me one day about being out riding the serious far too lightly. sponsibility under Medicare. Here is a horse with another tribal member This is a serious matter, and we what we provide: The per-person ex- when the other member was injured. ought to be dealing with it. We ought penditure on Medicare is $5,900 a year. He was bleeding severely from his in- to deal with it now. We have respon- We also have a responsibility, by the jury. That reservation does not have a sibilities. Go to Indian reservations way, for health care for Federal pris- 911 emergency service. There was no and take a look at these children and oners, those whom we arrest and con- ambulance to take the man to the hos- ask yourself whether the health care of vict and send to Federal prison, put- pital, not to mention that the health these children ought to be a function of ting them away from society. We pro- facility on the reservation is not open whether this Congress decides to appro- vide a cell, a bed, and we are required after hours anyway. And it is not open priate enough money. It ought not be. to provide for their health care. With on weekends. A sick child is a sick child anywhere in respect to their health care, we spend On that reservation, there are iso- this country and ought to feel, and $3,800 a year for Federal prisoners’ lated communities, some 30 minutes, their parents ought to feel, they have health care. almost an hour from an ambulance or a access to decent health care when that We have a responsibility, a trust re- health care facility. So the chairman child is sick. sponsibility, for the health care of of this tribe then tried to play doctor So on behalf of myself and Senator American Indians, as well. That re- and made a tourniquet and tried to find MCCAIN and other members of the In- sponsibility is met in this manner: In- a way to get this person to a health dian Affairs Committee, I say that I be- dian Health Care Services medical care facility before the person bled to lieve this is a priority. This is not a care, $1,900. We spend exactly one-half death. Third World country. I do not want of what we spend for Federal prisoners It is pretty unbelievable what is hap- anybody to say to me: In our area the on health care for American Indians. pening with respect to Indian health refrain is ‘‘Don’t get sick after June 1 The per capita expenditures are exactly care. We have a very serious diabetes because there is no money.’’ Let’s not one-half. issue. The prevalence of diabetes on In- have that happen in this country any- I have asked the Indian Health Sys- dian reservations, in many cases, is not more. Let’s provide the funding that tem, the folks in charge, how much double or triple or quadruple; it is even we require for the Indian Health Serv- health care is delivered versus what is much higher than that. The Indian dia- ice to do what they should do to pro- needed. The answer is about 60 percent. betes mortality rate is quadruple the vide the kind of health care we know is Forty percent is not available. So the diabetes mortality rate among other necessary. question is: Who is sick, who is hurt- Americans. Once again, we have responsibility ing, who is injured, who does not get On the Spirit Lake Indian Reserva- for prisoners whom we incarcerate in treatment on these Indian reserva- tion, a couple of the elders ran out of Federal prisons, and we have trust re- tions? insulin. It was not a very good begin- sponsibility for the health care of I mentioned, when I spoke about this ning to that story. You need insulin if American Indians; and we are spending before, that one of the chairmen of the you have diabetes. But it got much half as much for the health care for Indian tribes in my State said that you worse. They went to the Indian Health American Indians per capita as we cannot get sick after June. The answer Service clinic that serves that reserva- spend on Federal prisoners. That, in is: Don’t get sick after June. If you get tion, and there was no insulin avail- my judgment, is a shame. I am not sug- sick after June, our contract health able—none. They said: We will not get gesting we spend too much on Federal money is gone, and you are not going another shipment for 24 hours. prisoners. They are our charge. They to get any help because then the cri- That sort of thing goes on because are incarcerated. We are responsible teria is the only help you get is life or there is not sufficient resources de- for their health care, but so too are we limb. If you lose a limb or lose your voted to meet our responsibility to the responsible, under a trust relationship, life, you get help; otherwise, hobble Indian health needs. to help take care of the health care around in pain. Whatever that chronic In addition to the kinds of things I needs of that population. condition is, sorry, tough luck, out of have described—these things are ramp- Mr. President, I hope that with the luck, out of money. Don’t get sick ant—in addition to that, we have this cooperation of the majority leader and after June. methamphetamine scourge that has a others in this Chamber, that Senator What an unbelievable message. This devastating impact all across this MCCAIN and I and others can move this is not a Third World country. This is a country but especially on Indian res- piece of legislation through the Senate big country, and we do a lot of things. ervations. The statistics that describe and through the House and get it to the But some things we don’t do nearly the problems and the chronic difficul- President for signature—the sooner the well enough; and that is, keep our ties that the Indian Health Service better. promise and keep our trust responsibil- confronts dealing with methamphet- Mr. President, I yield the floor. ities with respect to health care for Na- amine is just, as I said, devastating. The PRESIDING OFFICER. The Sen- tive Americans. At a recent hearing we had in the In- ator from Alaska. A man from the Turtle Mountain dian Affairs Committee, a young Ms. MURKOWSKI. Thank you, Mr. Band of Chippewa Indians in my State woman who is a tribal judge from the President. said: Well, the doctor told me that I Turtle Mountain Chippewa Reservation Mr. President, I rise to speak to the needed an MRI urgently on my knee. testified that methamphetamine is re- legislation before us, the OCS lease

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.082 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8250 CONGRESSIONAL RECORD — SENATE July 26, 2006 sale 181. I know there have been col- lower 48, we have to recognize one of happened last year when these massive leagues before me this afternoon who the best ways we can bring down prices hurricanes came through the gulf, have spoken to the need for additional that will increase the domestic sup- while there were a few minor spills fol- oil and gas reserves and resources in plies of gas is to produce more gas from lowing those hurricanes, there were no this country. The fact is, this Nation the gulf coast, where the existing infra- well failures or major pipeline breaks badly needs to accelerate its efforts to structure is in place, and to figure out from the record intensity of the hurri- obtain more natural gas and more oil a way to get that gas to market quick- canes. So we look to the development and doing it domestically. ly. that is out there in the OCS area and We have heard the comments that we Mr. President, we cannot fool our- can really point to environmental in- are addicted to oil, that we need to be selves and say we can just snap our fin- tegrity. looking to renewables, and I do not dis- gers and the price of natural gas is The proposal before us gives the pute or doubt that for one moment. We going to go down, we are going to have States of Alabama, Mississippi, Lou- absolutely do. We need to be con- a ready and available supply just be- isiana, and Texas reasonable revenues serving more. We need to be focused cause we pass legislation. We recognize to offset the impacts of OCS develop- more on renewables and alternatives. it is a period of time in coming. But ment off of their coasts, particularly, That is the next generation. But our what can be sent is the signal to the again, in view of what they suffered reality is we are here and now with a market that that supply of natural gas after Hurricanes Rita and Katrina. It reliance on fossilized fuels. We need to is on its way in an expedited manner. allows the Federal Government to keep transition out of that to that next gen- The best way—the best way—to 50 percent of the revenues in the Fed- eration of fuels. But until we do so, we produce more gas quickly, to get it on eral Treasury. This is the exact same are in an extremely vulnerable spot, more quickly, is to open parts of the percentage that it gets from oil and gas particularly with our oil and our near- eastern Gulf of Mexico. This proposal development onshore, whether the on- ly 60 percent dependency on foreign before us is to finally allow OCS devel- shore development is in New Mexico or sources and with our natural gas and opment in part of formally proposed California or Oklahoma. It gives the recognizing the trends in terms of our lease sale 181 off the Florida, Alabama, coastal States 37.5 percent to offset supply and the demand picture for nat- and Mississippi coasts and to open their cost as being the host for that ural gas. acreage south of that sale—some 8.3 offshore development. It also shares In the past 5 years, the price of nat- million acres in all that have been pre- 12.5 percent of such revenues with all ural gas in this country has more than viously closed in moratoria. In return the States for park and habitat im- tripled, rising sevenfold after last sum- for speeding such leasing, this bill pre- provements through contributions to mer’s hurricanes. We all know the vents development within 125 miles of the stateside Land and Water Con- prices at the gasoline pump. There is the Florida Peninsula, swaps out exist- servation Fund. This is an effort to not a day goes by where there is not ing leases within that buffer, and pre- help alleviate the truly chronic under- some exchange about what somebody vents leasing east of the Military Mis- funding of the Land and Water Con- was paying somewhere for a gallon of sion Line to protect the military train- servation Fund without affecting land gas at one location or another. And I ing facilities, at least until the year ownership and private property rights. can tell you, prices in my State—when 2022. This money would generally go toward you get out into the rural communities This proposal, this legislation that building ballfields, neighborhood and you look at paying $4.50 for a gal- we have in front of us, is a reasonable parks, recreational opportunities, not lon of gasoline, I can tell you, the hurt compromise. It was one that was at- buy up the private land or to harm pri- is real. The tripling of natural gas tempted but not completed during the vate property rights. prices has had, of course, a very severe debate last year over the Energy Pol- As I have reviewed this legislation impact. And it is not just on those who icy Act of 2005. So what we have in and have worked with the sponsors, I heat their homes with natural gas. front of us today is an outgrowth of do need to certainly give credit to the Manufacturing jobs—we have heard that bill. chairman of the Energy Committee, this today—manufacturing jobs have In the Energy Policy Act, we allo- Mr. DOMENICI, for his efforts in bring- fallen by 3.1 million jobs, 18 percent in cated billions of dollars to foster en- ing this matter to where we are today, the past 6 years. ergy conservation and greater energy and also to my colleague from Florida, We talk to those in the petro- efficiency. We moved toward and we Senator MARTINEZ, who has been work- chemical and chemical industry. Jobs pushed renewable energy development, ing with the chairman to craft legisla- in that industry are being forced to such as wind, solar, and biomass. We tion that he believes will work for the move overseas. We have had over 20 fer- funded new technology to further coal people of Florida, and certainly to my tilizer plants in this country close. And while working to help sequester the colleague and friend from Louisiana, as has been mentioned already on this carbon. There was a push made on the who has been working for years to floor, America’s annual natural gas bill front of a new generation of nuclear achieve a level of revenue sharing for has risen to more than $200 billion a power. We funded hydrogen fuel-cell her State, a battle we know has been year. This is up from $50 billion, and vehicle development and new transpor- waged for many years. That is what I that was just 6 years ago. tation and building technology. There would like to speak to right now. While natural gas prices today, fol- were good things contained within that My only major disappointment with lowing a warm winter, are temporarily Energy bill. But what was not con- this measure is that it doesn’t provide below $6 per 1,000 cubic feet, we know tained in that legislation—or since revenue sharing to all the States that the hurricane season is coming upon us that legislation was passed—was an in- choose to allow OCS development off of in the gulf, we have global political crease in domestic production of fossil their coasts. The question has to be disruptions, and we could have contin- fuel. asked, why not? Why would you not in- ued hot summer weather, and that we This legislation will balance last clude all of those States which have can anticipate a cold winter, and that year’s Energy bill by actually letting made the choice to allow for that de- any one of these—and certainly a com- us get up to 5.8 trillion cubic feet of velopment off of their coasts? If they bination of them—could promptly send natural gas flowing to the market and, are going to allow for it, why would our natural gas prices skyrocketing again, flowing to the market in a more they not be eligible or able to take ad- again. expedited manner than might other- vantage of Federal revenue sharing as I cannot speak to the issue of natural wise be seen. well? I don’t believe there is a rational gas without mentioning the oppor- There have been those who have explanation for not including all the tunity we have in Alaska for incredible stood on the floor today speaking States. quantities of natural gas coming down about the various protections con- We have heard some of the argu- from Alaska’s North Slope. And while tained in this legislation. There is a ments—that the Federal Government we await the construction of a pipeline protection of Florida’s tourism and should share revenues with the States that can deliver this needed com- military bases. It doesn’t jeopardize only in those waters from 3 to 12 miles modity from the North Slope into the the fisheries. When we look to what offshore where Federal production

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.092 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8251 might drain onshore or State hydro- he said that Alaska contains nearly a that serve as service and support bases carbon reservoirs. Again, the question dozen OCS bases off of our coast, all for the development. has to be asked: Why is that? For the but one of them—this is the North It is true that States sometimes re- past three decades, the Federal Govern- Aleutian Shelf, down near Alaska’s coup part of the costs through income ment has shared revenues from onshore Bristol Bay—being open to leasing. The taxes on workers or through property development with all States. The only North Aleutian Shelf is closed by Pres- taxes on businesses that will support possible excuse for not extending that idential moratorium. But when we look the facilities onshore. They may gain a policy to the offshore would be if the at Alaska’s Outer Continental Shelf, small stipend from Federal coastal coastal States bore no impacts from we are looking at the potential of 26.6 zone planning funds. But when you offshore development. But that would billion barrels of oil and 132 trillion look at how much is gained, it is fair to imply that somehow or other the devel- cubic feet of natural gas. This is ac- say that the recovery has seldom cov- opment offshore kind of sprouts magi- cording to the mean estimates. That ered their costs. cally from nowhere without any on- production would more than double the So the question would be to the shore activity. We know that is not the Nation’s known reserves of oil and State: Why would you even welcome case. nearly equal the amount of gas likely OCS development off of your coast? I had the opportunity to go to Port along the coasts of the rest of the Na- This is where you need to take the big- Fourchon, LA, which is the jumping-off tion. But to accommodate OCS devel- ger picture. Our energy security, reli- place for the offshore activity. It is a opment and any proposed future OCS ability, the whole issue surrounding beehive of activity through there—air- development in the Beaufort and the vulnerability we have as a nation ports and helicopter pads, all the serv- Chukchi Seas—we have other potential because of our reliance on others for ices that have to come in, whether it is areas, in Cook Inlet, the State govern- our energy sources, this is why it is es- the food or the people moving back and mental units—the State of Alaska, the sential that we as a nation figure out a forth, to support that offshore activity. North Slope Borough, local govern- way to produce more oil and gas do- We know that offshore activity just ments have to spend millions of dollars mestically. Sharing oil and gas reve- doesn’t magically happen without some on hosts of services to protect, to regu- nues with States in a fair manner will onshore impact. I know my friend from late, to inspect, and to support the OCS ensure that energy can get to market. Louisiana has spoken quite eloquently It is that fact which is probably the to the impacts of OCS development in development. For instance, the State of Alaska’s difficulty with this legislation in terms their waters. I will let her and others Department of Environmental Con- of passage of a fair revenue-sharing from the Gulf States speak to that im- servation spends more than half a mil- pact. system. That may be because we have I wish to talk about the impact of lion dollars a year to inspect and mon- some around here who would want to OCS development on my State of Alas- itor oil and gas operations. This is just discourage States from allowing any ka. In Alaska, we have been seeking in northern Alaska. The State’s De- OCS development, perhaps out of envi- some sort of Federal revenue sharing partment of Transportation and Public ronmental concerns, perhaps displaced to offset the cost of OCS development Facilities spends nearly $10 million environmental concerns. But denying along our 34,000 miles of shoreline for each year to keep the Dalton Highway coastal States needed revenues is one nearly two decades. For budget rea- going up to the North Slope open so way to discourage greater offshore oil sons, we lost out in the 1991–1992 En- that we can move oil and gas equip- and gas production. ergy bill. We lost it again in 1995 with ment and our supplies north. This also Last week, Senator STEVENS and I the Conservation and Recovery Act, helps to maintain the Deadhorse Air- sought to ensure that any revenue CARA. It was proposed and debated. It port. sharing proposed in this bill would ran into other political hurdles. And The North Slope Borough spends apply also to Alaska or to any State we lost again last year in the Energy nearly $1 million for search-and-rescue that allows OCS development off of its bill. That was partially because you capabilities. This is not counting the shores. We were told at that time that had certain landlocked States that cost to the Alaska State troopers if if that provision stays in, it would be a didn’t want to see current Federal rev- they have to mobilize to assist oil death sentence for this bill. enues go to just the coastal States. But workers who might perhaps get in I have been asked many times in the you have to stop and think, if there is trouble. The State of Alaska spends past few days have I changed my posi- not some fair form of revenue sharing money on coastal zone planning to un- tion on this legislation, have I changed to offset the impact costs, why should derstand the impacts of OCS develop- my position in support of opening lease the coastal States allow OCS produc- ment. The State also spends millions of sale 181 to exploration and develop- tion, particularly given the recent ease dollars on new infrastructure to handle ment. I have not. I have not changed of obtaining the moratorium to pre- the arrival and the movement of em- that. I remain committed to a sound vent them? And without such produc- ployees and materials that are needed policy, which I believe this is, that al- tion, where are we going to be as a to support the oil industry offshore. lows for the opening of lease sale 181. country? Americans will be paying Last week in Fairbanks, the State I can appreciate why it was tailored even more when they fill up their cars, broke ground on a $90 million expan- so that revenue from the gulf would their trucks, cook their food, heat sion of the Fairbanks International only be shared among the Gulf States. their homes. That is reality. That is Airport terminal. This expansion is I can appreciate where they are coming the consequence. partially needed to accommodate the from. I can appreciate the narrow scope In Alaska, we currently have OCS oil workers who may be jumping off for of the Senate version and the delicate production from just one field. This is OCS work. Last year down in Anchor- negotiation that went into it. But from the Northstar field in the Beaufort Sea. age, the State finished work on a a matter of equity, from a matter of It produced 22.4 million barrels of oil 440,000-square-foot terminal expansion fairness, for those States that are will- last year. Since it was within 12 miles at the airport there, costing well over ing to open their coasts, their States, of the shore, Alaska received $10.8 mil- $100 million. So our airports are clearly to allow for the development offshore, lion in revenue sharing. If that field impacted by the effects on the indus- it is only right that allowing all the had been more than 12 miles from the try. States who have OCS development off shore, Alaska would have received As things are happening, we see the their shores to share in some form of nothing. There is actually a little bit impact within our communities. The revenue. of an exception to that because last local governments, smaller commu- By structuring the revenue sharing year in the Energy Policy Act, there nities from Barrow to Kotzebue, Kenai that we have before us in this legisla- was a very small amount of aid that to Dillingham, and Kodiak to Sitka, tion in this manner, Alaska is the only was directed to the State for 4 years to are all spending money to prepare for currently producing OCS State that al- assist with the impact onshore of the the possible development of the State’s lows new development that would not offshore development. coast. The point is to recognize that receive any aid. It was suggested last Previously, Senator BINGAMAN made there are very real costs to offshore de- week that, well, Alaska is asking for a a point. I believe he was correct when velopment that are borne by the States special deal. That is absolutely not the

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.093 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8252 CONGRESSIONAL RECORD — SENATE July 26, 2006 case. We are asking to be treated the Mr. TALENT. Mr. President, I ask ergy costs just as any other consumer, same as any other currently producing unanimous consent that the order for but, specifically, most of the price of State when it comes to revenuesharing. the quorum call be rescinded. nitrogen fertilizers—90 percent of the So to those of you who suggested this The PRESIDING OFFICER. Without price of nitrogen fertilizers is due to was something special for Alaska, it objection, it is so ordered. the cost of natural gas, because natural was absolutely not. It was equitable for Mr. TALENT. Mr. President, I ask gas is a feedstock in the production of all those States that are currently pro- unanimous consent that I be allowed to virtually all commercial nitrogen fer- ducing. So by excluding Alaska, we are speak on the measure without counting tilizers manufactured in the United the only State that is disenfranchised against the time on this side. States. It is not just used to power the when it comes to the Federal revenue The PRESIDING OFFICER. Without facilities that produce fertilizers; it is sharing right now. objection, it is so ordered. actually part of the fertilizer itself. So I have had an opportunity to go down Mr. TALENT. Mr. President, I rise in in 2002, farmers were paying $250 per and observe for myself—so I have seen support of S. 3711, the Gulf of Mexico ton for anhydrous ammonia, and in with my own eyes—what is happening Energy Security Act, which can cer- 2005, $415 per ton, an increase of well in Louisiana, in the gulf, with the ero- tainly be described simply that it will over 50 percent. sion. As I was presiding earlier, I was open a portion of the gulf to explo- Why is this happening? Why is the reminded again by the minority leader ration for oil and natural gas. price of natural gas and oil going up? It that Louisiana loses three football I don’t want to be understood as is because supply relative to demand is fields of land a day. But we also, in the criticizing or begrudging anybody their going down. Demand is expected to State of Alaska, face serious erosion opinions in opposition to the bill, but grow—demand for natural gas—by over challenges. We have some 80 villages it seems to me that given what the 30 percent. Yet, since 1998, even though that are facing coastal erosion prob- country has gone through and is going we are drilling more for natural gas, lems. I use the word ‘‘problems’’ light- through because of the high cost of en- production has declined by 1.5 percent. ly, because in some of the communities ergy, it should not be a difficult debate That shows we are getting all we can it is an absolute crisis; the villages are to allow the United States to explore out of the available fields. Yet that is dropping into the ocean. We may not for oil that is within or close to its bor- not enough. We must have access to do- be hit by the hurricane forces we see in ders, doing that in a way that is sen- mestic resources and specifically to the the gulf that are given names and sitive to the environment and to other easily recovered oil and gas in the Gulf much publicity through the media, but considerations in order to produce of Mexico. many parts of coastal Alaska are hit more oil and natural gas that will Energy is vital to any economy. We by storms that meet the definition of lower costs, ease the pressure on our all know that. We have learned in the hurricanes. There are winds exceeding consumers, and allow our economy to last year or two that high energy 75 miles an hour, waves and storm grow and continue to produce jobs. prices are certainly not a good thing. surges that can equal those of the hur- How difficult is it in a time such as That is something most of us knew as ricanes. The big difference is they are this to decide that we are in favor of a matter of common sense, but we have not named as hurricanes. We don’t get getting more oil and natural gas? I now learned that as a matter of experi- that attention or that focus. Money speak as a person who offered the re- ence. from OCS development could help pay newable fuel standard in committee. I We can make a difference with this for mitigation efforts and perhaps, in am cochairman of the renewable fuels piece of legislation and we can make a some cases, pay for village relocation caucus. I am a huge believer that eth- difference soon. Resource estimates for costs. So Alaska is not unlike the anol, biodiesel, and renewable fuel at- the area that would be opened indicate other Gulf States—Louisiana, Mis- tained through those feedstocks and that there are 1.26 billion barrels of oil sissippi, Alabama, and Texas—for other feedstocks is the future of this there and 5.8 trillion cubic feet of nat- coastal mitigation and habitat protec- country in terms of energy. It is the ural gas. The natural gas supply made tion. way we are going to get energy inde- available by this compromise legisla- I am sure we will have an oppor- pendence and reduce dependence on tion would be enough to heat and cool tunity on this floor to discuss a lot foreign oil in the long term. nearly 6 million homes for 15 years. I more about the coastal erosion prob- But our people need relief now, or as don’t know why they use 6 million lems in Alaska in the future. I do feel soon as we can get it to them. Natural homes for 15 years as a measurement, strongly that we need to pass a bill to gas prices set record highs last winter. but that surely seems a lot to me, and speed oil and natural gas leasing in the They exceeded $15 per thousand cubic certainly it is a lot more natural gas Gulf of Mexico. It will provide natural feet. We are paying much higher than than we now have available. gas for our Nation, while helping the our competitors are paying and, as a I have listened to the arguments of- Gulf Coast States gain the revenues result of that, according to the Indus- fered against the legislation. A lot of they need not just to recover from the trial Energy Consumers of America, them have centered around where the hurricanes but to deal with the coastal since 2001, natural gas prices have sig- revenue from the natural gas explo- erosion and wetlands habitat loss nificantly contributed to the loss of 3 ration is going to go. A lot of it is issues they face. I believe the formula for such aid million manufacturing jobs and the going to go to the coastal States under should cover all States that allow OCS shifting of future investment overseas. this compromise. I certainly would be I know this is true. There are people development off their coasts, while willing to consider something that di- who have come to my office and told providing other aid to all States that rected that revenue somewhere else. need it. me they don’t want to send jobs over- But the reality is this is what we have I tell my colleagues that, regardless seas, but they cannot compete because to do in order to get the oil and natural of the outcome of the bill—and I intend of the high cost of natural gas. The gas in the first place. If we cannot pass to support the measure—I will con- Government has encouraged industry this legislation, there is not going to tinue to seek to provide aid to all of to use natural gas and utilities to use be any exploration. If there is no explo- the coastal States that allow OCS de- natural gas in producing energy be- ration, there are no revenues. So I am velopment, especially since all other cause natural gas is a clean fuel. We certainly willing to support the legisla- States gain an equal sharing of reve- have all heard the commercials—and it tion on that basis. It will help ease the nues from energy development on- is true—that natural gas is environ- energy situation for the employees of shore. It truly is the only equitable mentally very friendly. It makes no my manufacturers in Missouri. It will thing to do. sense to pass laws and otherwise en- help ease the price of fertilizer for my With that, I yield the floor and sug- courage producers to rely on natural farmers. It will help ease the energy gest the absence of a quorum. gas and then not to explore for the nat- crisis in this country. Clearly, it seems The PRESIDING OFFICER. The ural gas we have available. worth doing to me. clerk will call the roll. It is hurting the American farmer. It It is certainly not all we need to do. The legislative clerk proceeded to hurts the farmers for a lot of reasons. We should not structure our energy call the roll. Farmers have to absorb the high en- policy on the assumption that we can

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.095 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8253 continue to rely on oil and natural gas supply, and the demand is still greater beneficial, but there is an unseen cost indefinitely, because we cannot. That than supply. We need to also look at to local communities, to local govern- is why the Energy bill last year en- conservation. But right now with this ments. The Federal Government does couraged a production of so many bill, we are concerning ourselves with not pay property taxes, and this trans- other different kinds of energy—nu- supply. lates into reduced revenue for local clear, renewables, coal, wind. It is all While the price of natural gas is well governments while there are some important to the future, but this is im- below what it was this time last year, costs that they are burdened with in portant to the future as well. So I am these prices are still well above what trying to meet the needs of the Federal pleased to support the legislation. we were paying several years ago; and, agencies that are in that county or I congratulate the Senators who have as my colleague from Missouri men- local community. worked so hard on a bipartisan basis. I tioned, it is having an adverse impact For Colorado, it means $129 million know it has not been easy. Certainly, it throughout our economy, not the least each year in lost property tax revenue. has been nowhere near as easy as it of which it is having a serious adverse This is funding that could be used for should have been given the common impact on our agricultural sector. education, law enforcement efforts or sense that I think underlies this piece I believe the fact that prices have de- road building. Unfortunately, PILT, or of legislation. I am glad they put it to- creased at all is directly due to the fact payment in lieu of taxes, is chronically gether. I have wanted to do something that we passed the Energy Policy Act underfunded, and the amendment I such as this for some time. It makes no last year. We have all seen the figures: planned on offering would have helped sense when our manufacturers are cry- 27 new ethanol plants have broken to overcome this annual shortfall. ing for energy, our farmers are crying ground; 401 E–85 fueling pumps have Regardless of the fact that my for energy, our consumers need energy, been installed. These are pumps that amendment will not be considered, I to turn down the opportunity to ex- provide an ethanol-gasoline mixture. am pleased that we are moving on this plore for the energy we have right off- And the number of hybrid vehicles has bill. I am hopeful that we can continue shore and that we can get in a way that increased. Between now and the year to put in place policies that will allow fully protects the environment and 2020, the 15 new efficiency standards in- us to increase domestic production of other concerns. cluded in the bill will save 50,000 all energy sources which will, in turn, Mr. President, I thank the Senate for megawatts of energy, and the amount reduce our reliance on foreign sources. its indulgence, and I yield the floor. of electricity generated from renewable Mr. President, I yield the floor and The PRESIDING OFFICER. The Sen- sources has increased dramatically. suggest the absence of a quorum. ator from Colorado. But we need to do more to encourage The PRESIDING OFFICER. Will the Mr. ALLARD. Mr. President, I ask domestic production of oil and gas. Senator withhold his request? unanimous consent to speak on behalf It is argued—and I think argued Mr. ALLARD. I withhold my request, of S. 3711 and that the time not be well—that we should be reducing our and I yield the floor. counted against the Republican time. energy consumption and increasing the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- amounts of energy we get from renew- objection, it is so ordered. ator from Tennessee is recognized. Mr. ALLARD. Mr. President, I rise in able and alternative sources. I agree. Mr. ALEXANDER. Mr. President, is support of S. 3711, which is the Gulf of But the reality is that reducing con- there a limit on the amount of time I Mexico Energy Security Act. I am sumption and increasing alternative may speak? heartened by the fact that this is a bi- resources does not happen overnight. I The PRESIDING OFFICER. The Sen- partisan effort, agreed to by those Sen- cannot ask my constituents to park ator needs consent to speak, as the ma- ators who represent our Gulf States. It the car and turn off the lights until we jority’s time has expired. is an important step in continuing to get there. Mr. ALEXANDER. Mr. President, I reduce our dependence on foreign oil, The estimates of the resources that ask unanimous consent to speak for up and we need to increase our supply of will be made available under this pro- to 15 minutes. domestic oil and gas. Certainly, this is posal are 1.26 billion barrels of oil and The PRESIDING OFFICER. Without a step in the right direction. 5.8 trillion cubic feet of natural gas. objection, it is so ordered. My approach to the energy needs of These are not insignificant amounts. Mr. ALEXANDER. Mr. President, 2 this country has always been that we These resources will provide a strong years ago, the Senator from South Da- need to have a broad-based approach. I source of domestic energy for our coun- kota, Mr. JOHNSON, and I introduced a was pleased with the Energy bill we try. bill we called the Natural Gas Price passed in the last session of Congress I believe that the compromise struck Reduction Act. We did that to give which provided for a broad approach to by this bill is a good one. The fact that focus to the energy debate. We were meet our energy needs in this country. almost every Member who represents a hearing a lot about the price of gaso- I think we understood as a body that coastal State that is affected cospon- line. Gasoline prices were high and re- in order to meet the short-term needs sored this bill strikes me as signifi- main high because of the huge supply of this country’s energy needs, we need cant. I strongly believe in local con- and demand around the world. We to continue to rely on fossil fuels. We trol, and as part of that, I often defer know that. We know that is going to need to continue to expand exploration to Members who represent a State if a continue for a while, most likely. We for oil and gas. We need to continue to bill will directly affect that State. I know that China is growing. We know rely on coal. But in addition, we also use the example of wilderness designa- that India is growing. We know that need to be looking at additional tion. If a bill designating wilderness in the United States and our huge econ- sources of energy, particularly the re- a certain State is sponsored and sup- omy uses 25 percent of all the oil in the newable energy area, which is wind, ported by both Members of that State, world. And so the supply and the de- solar, geothermal, and biofuels, as well I see no reason not to support it. The mand are going to require that the as looking at sources such as hydro- same is true here. If the Members from price of oil, therefore gasoline, is going electric and nuclear power. the coastal States are supportive of to be high for a while. As I look back on the effects of that this bill, I support them. We wanted to shift the focus to nat- bill we passed last session, I am al- I was hopeful that we would have the ural gas, which we didn’t hear about as ready beginning to see positive effects chance to address an amendment I much at that time, because natural gas from that legislation, and I am heart- wanted to offer on funding for the Pay- prices in this country had gone from ened by that. I can see those energy de- ment in Lieu of Taxes Program. This the lowest in the world to the highest velopments occurring in my own State, particular program is extremely impor- in the world. This was a huge problem which involves new technologies, such tant to States, such as Colorado, that for our country. as looking at oil shale as a source of a have a high percentage of federally High gasoline prices are a big prob- high-grade fuel that requires little re- owned land. Many people are unaware lem every day. Natural gas prices are a finement. of the fact that 35 percent of Colorado bigger problem every day. They are a Our current energy prices clearly is owned by the Federal Government. bigger problem for farmers who have still indicate that all is not well with Federal ownership of these lands can be seen their fertilizer costs go up. They

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.096 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8254 CONGRESSIONAL RECORD — SENATE July 26, 2006 are a bigger problem for homeowners mercury, no sulfur, no hydrogen, and States will have a chance to share in as they pay to heat and cool their no carbon. It is 70 percent of our car- the revenues that come; that is coastal homes, and they see their bills go up. bon-free energy. That affects global assistance in this area damaged by the They are a bigger problem for blue col- warming. hurricanes. lar workers in this country, such as the So the first way to reduce the cost of Twelve and a half percent of the reve- 1 million blue collar and white collar natural gas is conservation. We pro- nues will go to the Land and Water men and women—Americans in good- vided for that. Conservation Fund, so every State will paying jobs—who work in the chemical The second way was to encourage nu- have that for city parks, soccer fields industry. These are the kinds of jobs clear power, and there has begun to be and other things. That is an appro- about which we all make speeches. We a renaissance of nuclear power produc- priate use. The remaining half of the don’t want them to be outsourced. We tion in the United States. revenues will go to the Federal Treas- don’t want their jobs to go overseas. The third thing we did was to encour- ury. If a chemical plant uses natural gas age the production of power from clean So I am delighted that this bill has as a raw material—meaning, for exam- coal. Fifty percent of our electricity come to the floor. I was delighted with ple, as Dow Chemical testified before comes from coal. We have a lot of coal. the large vote we had this morning—86 our Energy Committee that 40 percent We are the Saudi Arabia of coal—we all votes—to move ahead. I am very hope- of the cost of its product was natural say that—but it is dirty. It does ful that with the cloture vote on Mon- gas—and if the price of natural gas is produce mercury, it does produce nitro- day, we will have more than 60 votes. $14 or $15 a unit in the United States gen, it does produce sulfur, and it does I believe this is important for the compared to $2 or $3 a unit in some produce carbon. So we need clean coal, American people to know that some- other part of the world that has a good, and eventually we need to capture the times senators stand up and say: Well, why are we debating this issue or that reasonable economy, guess where that carbon, put it in the ground to store it issue? I see the assistant Democratic chemical plant is going to end up. It is somewhere, and we need large amounts leader on the Senate floor. Sometimes going to be there, not here. Guess of energy. I hear the assistant Democratic leader where those 1 million jobs are going to We also had significant dollars in saying things like: Why are we talking be. They are going to be there, not support of renewable energy, whether about this issue or that issue? Why here. it was for fuels or for electricity. We aren’t we talking about gasoline prices That is why of the 70 or 80 new chem- also made it easier to import natural or natural gas prices? Mr. President, ical plants being built around the gas through LNG terminals from we are. This legislation is about nat- world, only one of them is in the around the world, which we are going ural gas prices, this is about blue-col- United States. There are several rea- to have to do for a while. We also made lar workers, this is about farmers, and sons for that, but the main reason is it easier to refine. All of those things this is about homeowners. This is the the high cost of natural gas. had to do with natural gas. But one way we increase the supply and lower So for the farmer, for the blue collar thing we didn’t do was increase our supply of natural gas at home. the price. worker, for the homeowner, the high It is that simple: produce energy here price of natural gas is a great big prob- But we have come a long way. Two years ago, you couldn’t even talk. You instead of bringing it in from the Mid- lem. We saw that 2 years ago, and so dle East or some other part of the Senator JOHNSON and I offered our bill couldn’t have a polite conversation on the Senate floor about offshore drilling world. to try to lower the price of natural gas. Senator DOMENICI deserves an enor- because it was an unmentionable word. Energy policy is like a big freight mous amount of credit for working on People would run out of the room as if train. It is hard to get started, it takes this bill, as do Senator MARTINEZ, Sen- you said something bad. But, last year, a long time to get going, and then it is ator LANDRIEU, Senator VITTER, and when the Energy Policy Act came up, hard to stop. many others. The bill is a limited, sen- we had a majority of votes on this floor So the Energy Policy Act that the sible step in the right direction. I for an offshore drilling provision that Congress adopted in a bipartisan way a would like to see us go further and give year ago, which included a great many would have permitted a State such as Virginia the opportunity if it wishes to of the parts of our Natural Gas Price Virginia, for example, to drill for gas have offshore drilling, but that would Reduction Act, is just beginning to and oil—with the rigs so far off the disrupt the consensus we have here, have some effect. But today as we talk coast you couldn’t see them—and give and I don’t want to disrupt that con- about this deep sea drilling in the Gulf a share of the revenues to Virginia, sensus. of Mexico, it is important that we put which it might use for education or to So it is very important that the it in the context of the whole picture lower taxes or for coastal beach refur- American people know that as we con- because this is the whole picture: If we bishment, and put the rest in the Fed- tinue the debate this week and then want to reduce the price of natural gas eral Treasury. That is a pretty good come back here Monday and vote, we in the United States and lower the cost idea, but we couldn’t get it passed be- will be voting on the surest way to in- of home heating and cooling bills, and cause here it takes 60 votes to over- crease the supply of natural gas in this lower the cost of fertilizer for farmers, come objections from a minority of country. That will make it more likely and if we want to keep those chemical senators. for the 10,000 workers at Eastman jobs and other jobs in the United We also had the perfectly obvious Chemical in east Tennessee that their States, then there are several things idea of enlarging the area of drilling in jobs will stay in east Tennessee instead we need to do. the area called Lease Sale 181 in the of moving to Germany, and that the The first thing we need to do is con- Gulf of Mexico, deep sea drilling for farmers’ jobs will stay in west Ten- servation, and the Energy Policy Act natural gas which we are talking about nessee instead of moving to Brazil, and of a year ago had an important section today, but we weren’t able to do that a that the homeowners will be able to on conservation. year ago. So what this piece of legisla- turn on their heat in the winter and The second thing we need to do is tion does—at a time when high natural turn up their air-conditioner in the produce large amounts of electricity in gas prices still are problems for the summer and still be able to afford it. some way other than using natural gas. homeowner, the blue-collar worker, That is exactly what this is about. A Using natural gas to produce elec- and the farmer in this country—is to vote for this legislation is a vote for tricity is like burning the antiques in give the most immediate relief we can the blue-collar worker, for the farmer, your backyard to make a fire. But in terms of supply. It doesn’t take the and for the homeowner, and a vote most of the new electric powerplants place of conservation. It doesn’t take against it is a vote against the blue- have been using natural gas over the the place of nuclear power. It doesn’t collar worker, against the farmer, and last 10 or 15 years. take the place of coal or renewable en- against the homeowner. That is pretty The Energy Policy Act had impor- ergy or LNG or all of these other simple. That is pretty straightforward. tant new sections to encourage the use things we authorize—but it adds to We have several days to think about it. of nuclear power, which supplies 20 per- that, and we ought to do it. Lease Sale I am delighted to see that there are cent of our power while producing no 181 means that the four gulf producing Democrats and Republicans for this. I

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.098 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8255 hope the large number of votes we saw is what we should look for is environ- spent nuclear fuel rods coming out of in favor of cloture this morning con- mentally responsible exploration. the nuclear powerplants are no longer tinues. I have made no secret of the fact that a threat to the health and safety of We have a big economy, which means I think the notion of drilling in the America and that the production of nu- we have big energy needs. Yes, we want Arctic National Wildlife Refuge is a clear power is not an invitation to the conservation we put into law a terrible idea. It has been rejected by produce nuclear weapons. Those are year ago. We want this renaissance of Congress year after year. It is an act of two things I think we have to face nuclear power. We want clean coal with environmental desperation that we head-on. carbon recaptured. We want renewable would go to a wilderness area—a wild- I am lured by the notion that this is power, we want LNG from overseas, life refuge area, I should say to be more carbon-free power—electricity—having and we want other things. We want specific—and say that after a few seen a production of a documentary by more refining capacity. But supply is a years, we have to start drilling there a gentleman from Tennessee by the part of the picture, and the legislation because there is no other place for name of Gore. Al Gore’s documentary we are debating today is the most obvi- America to go in order to give us con- ‘‘An Inconvenient Truth’’ was an un- ous example of increasing supply. fidence we will have energy sources in settling experience as he laid out in an I am pleased to be a cosponsor of this the future. So I haven’t hidden my feel- hour and a half or so, I thought with legislation. I am delighted with the ings about that particular project, but real clarity and precision, the chal- way the leadership has presented it to I am open to the suggestion that this lenge of global warming and what will the Senate. It will help the country. I may work. happen if we continue to add carbon di- hope the blue-collar workers, the farm- I have not made a final commitment oxide to the atmosphere, increasing ers, and the homeowners are listening on the bill pending before us. I join greenhouse gases and global warming, because this debate and this vote will with my colleagues in moving it for- watching climate change, and all of the be about them and their future and ward. Let’s move this debate forward. things that are likely to occur. It is a their pocketbooks. Let’s bring this issue to the floor. challenge to all of us. So I salute the Mr. President, I yield the floor. A couple of the things mentioned by The PRESIDING OFFICER. The Sen- Senator from Tennessee because there the Senator from Tennessee are in- ator from Illinois is recognized. are many things he said with which I triguing. Nuclear power—I am not sure Mr. DURBIN. Mr. President, I agree. thought my colleague from the great nationally how much electricity is gen- I am going to look at this bill care- erated by nuclear power. It may be a State of Tennessee, Senator ALEX- fully. I am troubled; I think the alloca- third, it may be a little more. ANDER, made an excellent statement. tion of money to the States is very Mr. ALEXANDER. Mr. President, if Although I might disagree with some generous. It is a departure from where part of it, I really believe he is speak- the—— we have been in the past for offshore Mr. DURBIN. I am happy to yield to ing to this issue in good terms. I was drilling to this extent, this far away the Senator from Tennessee. heartened by the fact that the first from the coast. But I am going to look Mr. ALEXANDER. The answer is 20 thing he said about energy was con- at it carefully and honestly to see if it percent of all our electricity in the servation. I believe that is a critical is the right approach before I make a United States and 70 percent of our starting place. final decision. But I thank him for his I am going to give the Senator from carbon-free electricity is produced by statement on the floor here this Tennessee four numbers—not for the nuclear power. evening relative to energy, and there is lottery, for the Powerball or anything, Mr. DURBIN. Mr. President, I thank probably more that brings us together but four numbers to think about. The the Senator from Tennessee. In my than divides us on this important numbers are 3, 25, 4, and 3 again. Here home State of Illinois, the number is 50 issue. is what they signify. percent. Fifty percent of our elec- (The remarks of Mr. DURBIN per- We have within our command and tricity is generated by nuclear power. taining to the introduction of S. 3744 control in the United States of Amer- So for those who say: Get rid of it to- are located in today’s RECORD under ica 3 percent of the energy reserves of morrow, they better be ready to sit in ‘‘Statements on Introduced Bills and the world—3 percent. Everything we darkness for a while in my State of Illi- Joint Resolutions.’’) could possibly turn to and explore and nois if that is their option. Mr. DURBIN. I yield the floor and bring out of the Earth, whether off- But I hope the Senator from Ten- suggest the absence of a quorum. shore or in the continental United nessee feels as I do, that the future of The PRESIDING OFFICER. The States, is 3 percent. nuclear power is wedded to two issues clerk will call the roll. Twenty-five: We consume 25 percent we have to deal with forthrightly: what The assistant legislative clerk pro- of the world’s energy. It is clear that are we going to do with the nuclear ceeded to call the roll. we cannot drill our way into energy waste that is likely to threaten us in Mr. BENNETT. Mr. President, I ask independence. It just does not work. some form or another for generations unanimous consent that the order for The numbers do not come together. to come, for hundreds, if not thou- the quorum call be rescinded. The next number is 4. Four rep- sands, of years; and secondly, how do The PRESIDING OFFICER (Mr. resents the number of months of nat- we promote nuclear power without pro- DEMINT). Without objection, it is so ural gas which we hope we can bring moting the production of nuclear weap- ordered. out of this offshore drilling for the ons? f United States—a 4-month supply of We are facing that issue every- natural gas for our country. where—in North Korea, in Iran. As we MORNING BUSINESS The final number, 3, represents a 3- look at the world, we worry that coun- Mr. BENNETT. Mr. President, I ask month supply of the oil our country tries moving toward nuclear power are, unanimous consent that there be a pe- consumes. in fact, also creating an option for the riod of morning business, with Sen- So as important as exploration is and production of nuclear weapons, which ators permitted to speak for up to 10 finding new sources, you had the right would make the world perhaps more minutes each. starting point. You hit the nail on the self-sufficient when it came to elec- The PRESIDING OFFICER. Without head. We cannot drill our way out of tricity but in a more dangerous state if objection, it is so ordered. energy dependence, looking at the 3 it led to nuclear proliferation. f percent that we have, the 25 percent we Those are the two challenges with consume, and we cannot rely on even nuclear power as I see them. TRIBUTE TO THE 25TH ANNIVER- offshore drilling to give us more than I believe—maybe I am not being real- SARY OF THE TAHOE RIM TRAIL just a respite from the demands we are istic here, but I believe they can be ad- ASSOCIATION going to face in the future, the com- dressed and they should be addressed. Mr. REID. Mr. President, I rise today petition we face around the world. If we address them in a responsible to recognize the 25th anniversary of So my feeling—and I think the feel- fashion, the day may come—and I hope the Tahoe Rim Trail Association—an ing of many on both sides of the aisle— it does—when we can say that the organization of volunteers that came

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.099 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8256 CONGRESSIONAL RECORD — SENATE July 26, 2006 together to build one of the world’s That is the triumph we celebrate Just as important, the ADA has premier trails—the Tahoe Rim Trail. today. changed attitudes. It used to be per- This Saturday, the association will That is the spirit that made the fectly acceptable to treat people with hold a Silver Anniversary Celebration Americans with Disabilities Act pos- disabilities as second-class citizens, to to honor this occasion, and I am sible. exclude and marginalize them. I re- pleased to acknowledge their efforts And that is the promise that will member my brother, Frank, who was here today. continue to move this country and the deaf. Frank was the real inspiration be- The Tahoe Rim Trail Association is a disability community forward. hind all of my work in the Senate on successful public-private partnership Our society is so dynamic and so rap- the Americans with Disabilities Act. that was founded in 1981. The original idly changing, we are often oblivious to He passed away 6 years ago, a month idea was to bring together community quiet revolutions taking place in our before the 10th anniversary of ADA. He leaders, volunteers, and government midst. One such a revolution has been always said that he was sorry that the agencies such as the Forest Service and unfolding since the Americans with ADA was not there for him when he the Nevada Division of State Parks to Disabilities Act became law 16 years was growing up but that he was very establish a trail around the Lake ago. happy that the ADA is here now for Tahoe Basin. Working hand-in-hand, How soon we forget that, prior to the young people so they can have a better ADA, Americans with disabilities rou- volunteers created the incredible 165- future. tinely faced prejudice, discrimination, mile trail that now exists around Lake Frank lost his hearing at an early and exclusion—not to mention physical Tahoe, allowing visitors a new way to age. Then he was taken from his home, barriers to movement and access in experience one of the most magnificent his family and his community and sent their everyday lives. People with dis- places in America. across the State to the Iowa State abilities faced blatant discrimination Visitors to the Tahoe Rim Trail are School for the Deaf. People often re- in the workplace. They were often de- struck by the incredible diversity of ferred to it as the school for the ‘‘deaf nied employment, no matter how well the landscape and the wealth of wild- and dumb.’’ Yes, that is the insensitive qualified they were. People in wheel- life. From the wildflowers of our alpine way that people used to talk. I remem- chairs faced a nearly impossible obsta- meadows to the soaring mountain ber my brother telling me, ‘‘I may be cle course of curbs, stairs, and narrow peaks of the Sierra Nevada, the Tahoe deaf, but I am not dumb.’’ doors. While at school, Frank was told he Rim Trail offers something for every- One of those courageous people who could be one of three things: a cobbler, one. Visitors to the trail enjoy a di- fought for passage of the ADA was a a printer’s assistant, or a baker. He verse range of opportunities from hik- young Iowan with severe cerebral palsy said he didn’t want to be any one of ing and backpacking to horseback named Danette Crawford. I remember those things. They said: OK, you are riding and mountain biking. Portions vividly when I first met Danette in going to be a baker. So after he got out of the trail are also handicapped acces- 1990, when I was making the final push of school, Frank became a baker. But sible so that everyone may enjoy this to get ADA through Congress. She was that is not what he wanted to do. important piece of our State’s rich nat- just 14 and one of the brightest persons Frank stubbornly refused to accept the ural heritage. I had ever met. I talked to her about biases and stereotypes that society Although the trail is now complete, what ADA would mean to her in terms tried to impose on him. He fought for— the Tahoe Rim Trail Association con- of educational and job opportunities— and won—a life of dignity. tinues to educate visitors about the ensuring that she would not be dis- But I remember how difficult every- trail. Every Tuesday and Saturday dur- criminated against in the workplace. day tasks were for him. For example, I ing the summer months, the associa- She listened to all this, and in her remember, as a young boy, going with tion organizes a group of volunteers to wonderful way, she said: ‘‘That’s very my older brother Frank to a store. The maintain and enhance the trail. These nice, very important, Senator. But, salesperson, when she found out that important efforts and community part- you know, all I really want to do is just Frank was deaf, looked through him nerships ensure that Nevadans, Califor- be able to go out and buy a pair of like he was invisible and turned to me nians, and people from around the shoes just like anybody else.’’ And, of to ask me what he wanted. I remember world will be able to enjoy the beauty course, she was right. That is exactly when he wanted to get a driver’s li- of the Lake Tahoe Basin for genera- what the ADA is all about. cense, he was told that ‘‘deaf people tions to come. The reach—the triumph—of the ADA don’t drive.’’ So the deck was stacked I am pleased to recognize the 25th an- revolution is all around us. It has be- against Frank in a thousand ways, niversary of the Tahoe Rim Trail Asso- come part of America. In May, I at- strictly because he was a person with a ciation, and I hope that all of my col- tended a convention in downtown disability. leagues will have the opportunity to Washington of several hundred dis- I remember when my brother finally visit this incredible part of Nevada. ability rights advocates, many with se- found a job to his liking. He got a job f vere impairments. They arrived on at a manufacturing plant in Des trains and airplanes built to accommo- 16TH ANNIVERSARY OF THE Moines—a good job at Delavan Cor- date people in wheelchairs. They came AMERICANS WITH DISABILITIES poration. Mr. Delavan decided he want- to the hotel on Metro and in regular ACT ed to hire people with disabilities, and busses, all seamlessly accessible by so my brother went to work there. It Mr. HARKIN. Mr. President, today, wheelchair. They navigated city was a great job. He became a drill press July 26, marks the 16th anniversary of streets equipped with curb cuts and operator making nozzles for jet en- the signing of the Americans with Dis- ramps. The hotel where the convention gines. He took enormous pride in his abilities Act. took place was equipped in countless work. On this 16th anniversary, we cele- ways to accommodate people with dis- Later on, when I was in the Navy, I brate one of the great, landmark civil abilities. A woman on the dais trans- remember coming home on leave for rights laws of the 20th century—a long- lated the speeches into sign language Christmas. I was unmarried at the overdue emancipation proclamation for so that people with hearing disabilities time, as was Frank. So I went with him people with disabilities. could be full participants. to the company where he worked, We also celebrate the men and For those of us who are able-bodied, which was putting on a Christmas din- women, from all across America, whose these many changes are all but invis- ner. I didn’t expect anything special. daily acts of protest and persistence ible. For a person who uses a wheel- But it turned out that they were hon- and courage moved this law forward to chair, they are transforming and liber- oring Frank that night because in 10 passage 16 years ago. ating. So are provisions in the ADA years at Delevan, he had not missed a We celebrate some 50 million Ameri- outlawing discrimination against single day of work and hadn’t been late cans with disabilities, who now begin qualified individuals with disabilities once. each day with the right to equal oppor- in the workplace and requiring employ- That is characteristic of how hard- tunity, full participation, independent ers to provide ‘‘reasonable accommoda- working and dedicated people with dis- living, and economic self-sufficiency. tions.’’ abilities are when they are given a

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.073 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8257 chance in the workplace. Frank worked the playing field by requiring States to That is the historic achievement we at that plant for 23 years and missed cover community services under their celebrate today. That is the historic just 3 days of work, and that was be- Medicaid Programs. achievement that we must safeguard cause of a blizzard. With appropriate community-based for generations to come. One America. Today the brazen discrimination and services and supports, we can trans- One inclusive American family that re- prejudice that Frank faced are part of form the lives of people with disabil- spects the dignity, the value, and the what seems like a medieval past. We ities. They can live with family and civil rights of all, including Americans have overcome the false dichotomy be- friends, not strangers. They can be the with disabilities. tween ‘‘disabled’’ and ‘‘able.’’ We recog- neighbor down the street, not the per- nize that people with disabilities—like son warehoused down the hall. This is f all people—have unique abilities, tal- not asking too much. This is the bare minimum that we should demand for ents, and aptitudes and that America is SCHIP AT 10: A DECADE OF every human being. better, fairer, and richer when we make COVERING CHILDREN full use of those gifts. The ADA is to people with disabil- We have made amazing progress in ities what the Emancipation Proclama- Mr. CHAFEE. Mr. President, I am just 16 years. For millions of Ameri- tion was to African-Americans. But pleased to commend the Finance Com- cans with disabilities, it truly is a rev- one of the great shames of American mittee and Senators HATCH and ROCKE- history is that it took a full century olution. It has been a quiet revolution, FELLER for holding a hearing on the but it has also been a profound revolu- from the Emancipation Proclamation State Children’s Health Insurance Pro- until the Civil Rights Act actually tion. gram, SCHIP. This program has meant The day that the ADA passed was the made good on Lincoln’s promise. I say to my colleagues, we cannot a decade of health care coverage for proudest day of my legislative career. millions of low-income children who But every Senator who voted ‘‘aye’’ allow history to repeat itself. We can- not wait a century for people with dis- would otherwise be uninsured. can look back, 16 years later, with abilities to be fully integrated into our enormous pride in this achievement. My interest and commitment to the society and our workforce. We need to We were present at the creation. But success of the SCHIP program goes fulfill the full promise of the ADA now. back to its inception. My father, the our creation now has a robust life of its Yes, it takes money to pay for per- own. The ADA has been integrated into late Senator John H. Chafee, along sonal attendant services. But I think of with Senator ROCKEFELLER, designed the fabric of American life. It has my nephew, Kelly, who became a para- changed lives—and changed our Na- and introduced S. 674, the Children’s plegic while serving in the military. Health Insurance Provides Security, tion. It has made the American Dream The Veterans Administration pays for possible for tens of millions of people CHIPS, Act on April 30, 1997. With help his attendant services. This allows from a bipartisan coalition of Mem- who used to be trapped in a nightmare Kelly to get up in the morning, go to bers, including Senators HATCH and of prejudice and exclusion. This truly work, operate his small business, pay KENNEDY, this effort came to fruition is a triumph. his taxes, and be a fully contributing later that year when Congress ap- I am reluctant, in any way, to take member of our society. away from the celebration of this anni- That is what every person with a dis- proved the State Children’s Health In- versary, but I am obliged to point out ability wants. The costs of MiCASSA surance Program, SCHIP. that the ADA revolution is not yet would be largely offset by the benefit When SCHIP was introduced there complete. of having people with disabilities who were 10 million uninsured children in When we passed the ADA, we set four are employed, paying taxes, and con- the United States including 3 million great national goals for Americans tributing to the economy. who were eligible for Medicaid but with disabilities: equal opportunity, It is a disgrace that, as I said, more were not enrolled. The SCHIP program independent living, full participation, than 60 percent of people with disabil- sought to alleviate this unmet need by and economic self-sufficiency. There is ities do not have jobs. Right now, they offering States additional Federal more work that needs to be done to are unemployed and dependent. We funds if they provided Medicaid cov- reach the full promise of these goals. want them employed and independent. erage to children from families whose Right now, 16 years after the passage This would be a boon for them. It of the Americans with Disabilities Act, income was under 150 percent of the would be a boon for the economy. And Federal poverty level. This would mean it is a shocking fact that more than 60 it would be a boon for the budget. percent of people with disabilities are So I cannot think of a better way to coverage for a family of four earning not employed. We need to do a better celebrate the 16th anniversary of the $30,000 per year. The bill also provided job of ensuring that people with dis- ADA than by rededicating ourselves to grant funds for States to reach out and abilities have job opportunities—and completing the ADA revolution. This enroll eligible children. not just any job but one that is equal means passing MiCASSA. This means Although some States were slow to to their interests and talents and pays passing the Promoting Wellness for In- implement their programs, to date all accordingly. dividuals with Disabilities Act. It 50 States, the District of Columbia, and We need to make sure that people means giving people with disabilities the 5 territories have SCHIP programs with disabilities have access to health not just the right to be independent in operation. The SCHIP program has care, with accessible medical equip- and have a job but the wherewithal to been a tremendous success; the share of ment and properly trained medical pro- be independent and hold a job. uninsured children has dropped from 23 fessionals. We also need to make sure Mr. President, one final thought: In percent to 15 percent of the population that they have access to health and sign language, there is a wonderful sign since 1997. Today, more than 4 million wellness programs that focus on their for the word ‘‘America.’’ It is this: all low-income children who would other- unique needs. Just this week, I intro- the fingers in one hand joined tightly wise be uninsured have access to doc- duced a bill—S. 3717—that will go a together, with the other hand tracing a tors, immunizations, and preventative long way toward accomplishing these circle around the joined fingers. This health care through SCHIP. Since 1997, goals. describes an America for all, where we enrollment has steadily increased to At the same time, we need to con- are not separate, where no one is left the point that 6.2 million children are tinue our progress in reversing the in- out, and we are all embraced by a cir- currently covered. stitutional bias in Medicaid. We need cle, the circle of the American family. to move away from the days when two- For centuries, Americans with dis- Rhode Island’s program has also been thirds of Medicaid long-term-care dol- abilities were tragically left out of that a success story. Since the program lars are spent on institutional services, circle. Our American family was not began on October 1, 1997, that State has with only one-third going to commu- yet whole, not yet fully inclusive. The enrolled 25,573 uninsured children. The nity-based care. passage of the ADA 16 years ago rec- State has also expanded its income eli- My bill, S. 401, also known as tified that. It brought everyone, in- gibility requirement to cover addi- MiCASSA—which is short for the Med- cluding people with disabilities, into tional low-income families. One reason icaid Community-Based Attendant the circle. It made our American fam- for this great success is the SCHIP pro- Services and Supports Act—would level ily—at last—complete. gram’s flexibility in benefit structure

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.024 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8258 CONGRESSIONAL RECORD — SENATE July 26, 2006 and design. States are allowed to ex- that the progress and the innovations walk. The Dr. Kings and Rosa Parks pand eligibility levels, cover parents of made with the program will not be are all around us, in need of the fol- children on SCHIP, and in some cases lost. lowers and workers who will inspire childless adults. Rhode Island has uti- f major change. lized this flexibility to develop innova- Every person has the ability to shape PASSAGE OF THE VOTING RIGHTS tive strategies to address its uninsured. our Nation with their vote. As a de- ACT One example of this innovation was mocracy, this Nation is built on the Rhode Island’s recognition of the im- Mr. COLEMAN. Mr. President, I wish idea that we look to the people, and portance of covering families. Studies to add my voice to the celebration of a the way we do that is by the power of cited by the Kaiser Commission on significant event in this Senate: the re- their vote. Voting is the recognition Medicaid and the Uninsured show that newal of the Voting Rights Act for 25 that each person, each individual, each parents are more likely to enroll their years. This legislation is part of our ef- vote, is important. We cannot afford to children in SCHIP if the entire family forts in the Senate to come together to sustain any impediment to that proc- is covered. Parents who have the prop- make sure the America of 2031 is a ess. If we do not defend the freedom to er health care coverage are more likely whole lot more successful at bridging vote, the product of our democracy is to stay healthy and avoid missed days racial divides than we are today. dulled and diminished—it is not a true at work. The same is true of their chil- I grew up in a large Jewish family in reflection of what is America. dren; preventative screenings and im- New York City. One of my parent’s fa- Legislation we passed in the Congress munizations will allow them to remain vorite entertainers was a Jewish come- has been crucial: the Civil Rights Act, healthy, avoid expensive hospitaliza- dian named Georgie Jessel. I am sure the Voting Rights Act, and a series of tions, and stay in school. some of my senior colleagues remem- additional measures right into our own States may appeal to the Secretary ber him. In the 1950s he was a good decade. Vigorous enforcement of those of Health and Human Services for friend of the stunning and talented Af- statutes is essential. The Voting waivers to expand their program be- rican-American singer and actress Rights Act recognizes that one of the Lena Horne. From time to time they yond current law requirements. Along best things that government can do for would go out to dinner. You should with 15 other States, Rhode Island has their people is make them secure to know that even in New York in those a waiver that allows it to use SCHIP cast their votes. The Voting Rights Act days, they had segregated clubs. Well, funds to cope with the growing number recognizes that in a free society, the by chance or by accident, Mr. Jessel of uninsured. States such as Arizona, people lead. scheduled one of their dinner dates in Idaho, Oregon, Minnesota, New Mexico, The United States is unique in world one of those clubs. The maitre’d took and Virginia have similar waivers. history because we are a nation built one look at her skin color and said in- We have a growing crisis with the upon rights rather than privileges. We dignantly, ‘‘Who made your reserva- number of uninsured in this country. believe we have been endowed by our tion?’’ Jessel shot back, ‘‘Abraham Estimates place the number of unin- Creator—not our government—with sured at 45 million, up from 41 million Lincoln.’’ Lincoln made a reservation for us all. rights such as life, liberty and the pur- a few years ago. We should reward One hundred and forty years later, we suit of happiness. States that use innovative approaches are still struggling to keep it. The American concept of rights is a with their SCHIP programs to expand One of my most vivid experiences large set. We have the freedom of reli- coverage. Until comprehensive solu- since I came to the Senate was a civil gion. We have the freedom of speech tions are found to help States fill the rights delegation to Alabama spon- and assembly. We have the right to be coverage gaps, we should not penalize sored by the Faith and Politics Insti- secure against government intrusion in them for taking advantage of existing tute a couple years ago. Representative our homes and private affairs. We have resources and programs. JOHN LEWIS helped to lead the delega- a free press. And to a greater degree To this end, I have been proud to sup- tion, and shared with us his experi- than ever, we have the freedom to vote port legislation that maintained fund- ences. We stopped at the Rosa Parks in this country and to have those votes ing for the SCHIP program and reallo- Museum at Troy State University in count. cated funding to coverage-expanding Montgomery and reflected on the bus If you pull any one of those freedoms States. In 2003 I was the lead Repub- boycott. We visited the Dexter Avenue out of the set, the whole thing col- lican on legislation introduced by Sen- King Memorial Baptist Church, where lapses. Each of our rights protects and ator ROCKEFELLER to keep $2.7 billion the Reverend Martin Luther King, Jr., reinforces all the others. All the Amer- in the program until the end of fiscal used to preach, and the civil rights Me- ican rights get stronger with the pas- year 2004 and reallocate funds to other morial. I was struck with the fact that sage of this bill and that’s something States through fiscal year 2005. This I visited these historic locations in to celebrate. bill also included a provision I fought peace and security. A generation ago, But we shouldn’t pat ourselves on the for that is important to States like the visitors who came from outside the back for too long. We can deal with Rhode Island. It allows States with ex- South to these locations endured voting inequality by strictly and ag- pansive Medicaid Programs that cov- threats, vilification, and violence. gressively enforcing this law, but we ered uninsured children prior to This visit reminded me of a simple have a long list of issues of economic SCHIP’s enactment to use 20 percent of truth: Individuals such as Parks, King inequality to deal with. We have SCHIP funds to cover these children. and so many others, shape our society. achievement gaps in our schools. We This is significant since SCHIP pro- As we look at the challenges and injus- have housing gaps in our home owner- vides a higher Federal match than tices of the world around us, we often ship markets. We have health gaps in Medicaid. States that did the right ask the question, How can we change access to quality care. thing by covering pre-SCHIP children the world? I think we often look in the Racial equality in America is race were being penalized by not receiving wrong place for change. We look to big without a finish line. We have finished the higher match. government, big business, big enter- a lap today, but as Robert Frost wrote, In closing, I thank Senators ROCKE- tainment, or big publishing to bring ‘‘We have promises to keep, and miles FELLER and HATCH for holding a hear- about change. It is comparatively easy to go before we sleep.’’ ing on SCHIP and honoring its tremen- to change a speech or a law or a budg- f dous accomplishments over the past 10 et. The real challenge is in changing TRIBUTE TO FLOYD LANDIS, WIN- years. The SCHIP program has been an hearts. And that job falls to all of us integral part of our health care safety who are willing to speak out, willing to NER OF THE 2006 TOUR DE net. As we turn to reauthorization and model understanding and willing to FRANCE the challenges facing the program in change. Our hope lies in the fact that Mr. SANTORUM. Mr. President, I fiscal year 2007, I look forward to work- in America, there are no ‘‘ordinary rise today to commemorate an incred- ing with the bipartisan coalition whose people.’’ ible feat of physical and mental endur- vision created the program. We must I often like to say that a leader with- ance, a feat that was completed on work together to keep SCHIP strong so out followers is just a person taking a Sunday, July 23. Floyd Landis, a native

VerDate Aug 31 2005 02:18 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.071 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8259 of Lancaster County, PA, completed Floyd Landis, whom I am proud to If I can provide you any further informa- the 20th stage of the 2006 Tour de call a fellow Pennsylvanian, has proven tion, please do not hesitate to contact me. France with an overall time of 89 that with determination and an im- Sincerely yours, hours, 39 minutes and 30 seconds, win- mense strength of spirit, even the most JOHN C. RICHTER. ning the race by 57 seconds in the clos- extreme obstacles can be overcome and CROWE & DUNLEVY, est three-way finish in the long history success can be attained. He has in- Oklahoma City, OK, June 14, 2006. of the tour. spired countless Americans across our Hon. JAMES M. INHOFE, In winning the 93rd Tour de France, Nation, and many more around the U.S. Senate, Floyd Landis became just the third world, and I congratulate him on his Washington, DC. American cyclist to win this most pres- remarkable achievement. DEAR SENATOR INHOFE: I am writing in sup- port of the nomination of Jerome A. Holmes, tigious of races, joining previous Amer- f ican victors Greg Lemond and Lance Esq. to the United States Court of Appeals Armstrong. He, like them before him, NOMINATION OF JEROME A. for the Tenth Circuit. I have know Jerome HOLMES by reputation since 1991 when I was working has become the face of American cy- for the Honorable Glenn English (D–OK) and cling, and, frankly, we could not ask Mr. INHOFE. Mr. President, I ask personally since 1993 when I moved back to for a better spokesman. unanimous consent that these letters Oklahoma to begin my legal career. The Tour de France, with this year’s in support of Jerome Holmes be printed Jerome is a known leader in a multitude of race totaling over 2,200 miles, is known in the RECORD. community activities. He currently serves as around the globe as one of the toughest There being no objection, the mate- a Commissioner on the American Bar Asso- physical challenges in the sporting rial was ordered to be printed in the ciation’s Commission on Homelessness and Poverty where his local work has translated world. It is an incredible feat for any- RECORD, as follows: one to finish this grueling, 20-stage into national recognition. He also serves as JULY 21, 2006. Chairman of the Board for our local City race. But that Floyd Landis finished— Hon. JAMES M. INHOFE, Rescue Mission, a homeless shelter located and that he won—is even more as- U.S. Senate, in Oklahoma City. As a member of the board tounding. Landis suffers from Washington, DC. myself, I can attest to Jerome’s devotion to osteoporosis of the hip, an ailment so DEAR SENATOR INHOFE: I am writing to en- assisting those who are less fortunate and severe he will require hip replacement courage the confirmation of the nomination his incredible leadership style culminating of Jerome A. Holmes to be a United States in proven results for the homeless of Okla- surgery in the very near future. Yet, in Circuit Judge for the Tenth Circuit Court of a staggering display of determination homa. Appeals. Hard work and dedication to his profession and mental toughness, Landis put aside As a U.S. District Judge for over 30 years are just some of Jerome’s hallmarks through the pain that was, in his words, ‘‘bad, I have known and worked with many federal which he has earned the respect of his col- it’s grinding, it’s bone rubbing on law clerks, lawyers, district and circuit leagues in the legal profession. He always bone,’’ to win the race in convincing judges. I have known first hand of their in- displays a judicious demeanor and tempera- fashion. telligence, skills, judgment, character, tem- ment that will serve him and his country Landis and his Phonak Hearing Sys- perament and sense of fairness. In every sin- well on the Tenth Circuit Court of Appeals. gle one of these criteria Mr. Holmes has tems team also demonstrated that cy- The first person to turn the lights on and the uniquely excelled. His scholarship and other last to turn the lights off at our office, cling is a mental challenge as much as credentials are well documented so permit a physical one. In spite of the tempta- Jerome’s unwavering commitment to his me to emphasize one critically important ad- chosen profession is evident. I highly rec- tion to stay as the frontrunner and in ditional one. Mr. Holmes is dedicated com- ommend Jerome Holmes for confirmation— the face of various pundits questioning pletely to the rule of law, the proper role of both personally and professionally—one can- their strategy, Phonak purposely relin- the judiciary and to applying and inter- not find a better nominee. quished the overall lead of the race in preting the law without regard to personal Very truly yours, views on given issues. I have seen this com- the 13th stage, conserving their energy WILLIAM H. HOCH, mitment guide his every professional task, For the Firm. for the late push that ultimately re- in civil and criminal cases, as a law clerk, sulted in victory. prosecutor and civil practitioner. The Sen- CROWE & DUNLEVY, In the course of the race, Floyd Lan- ators and the people of the country can be ATTORNEYS AND COUNSELORS AT LAW, dis also proved the wisdom of the oft- assured that, if confirmed, Jerome Holmes Oklahoma City, OK, June 14, 2006. will be a circuit judge of compassion, fair- quoted adage, ‘‘Never give up.’’ After Re Jerome Holmes struggling through the 16th stage, a ness and a total commitment to the rule of stage which saw him lose 10 minutes law. Having personally observed these quali- Senator JAMES M. INHOFE, ties throughout the years, I could not give a Russell Senate Office Building, and fall from first to eleventh place, Washington, DC. Landis stunned the field and the pun- higher recommendation. Respectfully, DEAR SENATOR: I write to support the nom- dits with what former champion RALPH G. THOMPSON. ination of Jerome Holmes to serve on the Lemond aptly described as ‘‘the best United States Court of Appeals for the Tenth day I’ve seen in cycling in years . . . JULY 24, 2006. Circuit. Having served as United States At- maybe ever,’’ winning the 17th stage by Senator JIM INHOFE, torney for the years 2001—2005, I am well ac- more than 6 minutes and putting him- U.S. Senate, quainted with the very high standards ex- self in prime position to win the race. Washington, DC. pected in the federal judicial system, and I know that Jerome would be an outstanding Landis followed up his epic ride with a DEAR SENATOR INHOFE: I write in support of the nomination of Jerome Holmes to be a addition to the bench. strong showing in the final individual Judge on the Court of Appeals for the Tenth I have known Jerome for many years in time trial, outpacing his closest rival Circuit. In his many years of public service— the course of us both practicing law in Okla- by nearly a minute and a half and re- including over a decade with the Department homa City. I worked closely with Jerome gaining the overall lead, a lead he held of Justice—Jerome has earned a reputation when we were both Assistant U.S. Attorneys for the remainder of the race. for excellence that few can equal. He served in the early 1990s and observed first hand Floyd Landis grew up in Farmers- as the Deputy Criminal Chief and the lead Jerome’s work ethic, professional excellence, ville, PA, a small town located about 50 prosecutor on some of the most important and intelligence. and challenging investigations and cases in Later when I returned to the U.S. Attor- miles to the southeast of Harrisburg. ney’s Office in 2001, I had the opportunity to The Landis family was and is a tight- this Office. He was recognized by his fellow career prosecutors for his legal talents, fair- work very closely with Jerome again. One of knit, modest group that instilled in ness, and fine character. Jerome’s strengths is his ability to take on Floyd a belief in the merit of working As Assistant United States Attorneys to- and be successful with the hardest and most hard. As the story goes, Floyd was gether, I had the opportunity to work closely complex tasks. For example, he served as often so inundated with chores that the with Jerome on counterterrorism, public Anti-Terrorist Coordinator for the Western only time he could ride was in the mid- corruption, and civil rights investigations District of Oklahoma. He made a success of dle of the night—which, of course, he and cases. I observed first-hand his tremen- that position because of his ability to ana- lyze the complex issues involved, his ability did. Surely, as with so many of us, dous dedication, legal acumen, judgment, ethics, professionalism, and commitment to to work well with many different govern- Floyd Landis’s family played an inte- equal justice under the law. ment agencies, and his outstanding judg- gral role in shaping him into the man I am confident that, as a Judge on the ment. He also proved himself to be an out- he is today and in the successes that he Court of Appeals, he will continue to serve standing administrator in his service as Dep- has enjoyed. our Nation with great distinction. uty Chief of the Criminal Division.

VerDate Aug 31 2005 02:39 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.074 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8260 CONGRESSIONAL RECORD — SENATE July 26, 2006 One of the most significant cases Jerome agree with his opinion, as is always the case. ligent, very diligent and to possess a high de- prosecuted was a public corruption case in- I can, however, assure you that I firmly be- gree of competence on the functioning of the volving the Oklahoma Department of Health. lieve he will never insert personal beliefs or federal judicial system. His background in In that case, a nursing home owner had been bias into his judicial thoughts. the law will serve him well in this position. bribing the Deputy Commissioner of the De- Please permit me a point of personal privi- He is dedicated to serving the justice system partment of Health. Jerome tried the case, lege as part of this letter. and the legal profession. won convictions, and won the appeals. The In 1961 I reported to Marine Barracks, 8th Although I am a registered Democrat, I be- case was significant not only because it was & Eye Streets, as a PFC just out of Parris Is- lieve Jerome Holmes is entitled to non-par- a complex and difficult public corruption land. For the next two years I served as a tisan support because he will be an out- case, but because it led to material reform at member of Ceremonial Guard Company. standing jurist who will follow the law, not the Department of Health and within the The highlight of my tour at 8th & Eye was personal views or beliefs. nursing home industry in Oklahoma. The on July 12, 1962 when, as a member of the Si- I hope the Senate will confirm Jerome case is an example of the dedication Jerome lent Drill Team, I had the honor of drilling brings to his work as a public servant. Holmes for this very important judicial post. for President Kennedy, the reviewing officer Sincerely, Jerome’s character is beyond reproach. He that evening for the Sunset Parade. I saved WILLIAM G. PAUL, approaches every task with the highest level the program and sent it to the President. An Past-President, American Bar Association. of professional integrity and ethics. He has autographed copy of the program and the the right temperament for service on the transmittal letter from Ms. Lincoln occupy a bench as well. He can be counted on to be position of honor on my office wall. Senator JAMES INHOFE U.S. Senate, courteous, fair, and reasonable in any en- Senator, I am a Democrat, with deep ties Washington, DC. deavor. to the party. My father was a Central Com- Re Nomination of Jerome Holmes. Jerome is well liked and well respected mitteeman in Ohio, and my grandmother within the local bar. His ability to get along was the party’s poll watcher in our small DEAR JIM: I write in support of the nomina- with people and inspire trust in others is il- town. I imagine Attorney Holmes is a Repub- tion of Jerome Holmes to become a Judge of lustrated in his election as Vice President of lican or he would not have been nominated. the United States Court of Appeals for the the Bar Association for the State of Okla- His party affiliation does not bother me in Tenth Circuit. homa and his selection to serve on pres- the least. He is a lawyer first and foremost Jerome is a very bright, capable, and con- tigious community boards such as the Okla- and will, I believe, continue to bring honor scientious person. I have known him for homa Medical Research Foundation, the to our profession and Constitutional protec- many years, and I know that he became a Oklahoma Academy for State Goals, and the tion to our clients. very able prosecutor in the years he served Oklahoma City National Memorial Founda- As I told Senator Specter, should an oppor- as an Assistant United States Attorney for tion. tunity present itself, I would be honored to the United States Western District of Okla- Jerome would be an outstanding court of personally appear before the Committee to homa. In that position, he demonstrated appeals judge. He possesses the judgement, speak on behalf of Jerome Holmes. common sense and fairness in applying the intelligence, professional excellence, and in- Respectfully yours, law. tegrity to be a truly great judge. ROBERT A. MANCHESTER, III. Sincerely yours, When Robert Macy retired as the District Attorney for Oklahoma County, I served, at ROBERT G. MCCAMPBELL. OKLAHOMA CITY UNIVERSITY, the appointment of then Governor Frank SCHOOL OF LAW, Keating, on the committee to select a suc- Oklahoma City, OK, July 6, 2006. Oklahoma City, OK, July 21, 2006. Re Nomination of Jerome A. Holmes Re Confirmation of Jerome Holmes cessor. Jerome Holmes was one of the final- ists, and I was assigned the task of doing a Hon. EDWARD M. KENNEDY, Senator JAMES INHOFE, U.S. Senator, workup on his skills, abilities, and suit- U.S. Senate, ability for the job. In that capacity, I inter- Washington, DC. Washington, DC. DEAR SENATOR KENNEDY: This letter is viewed several federal judges and several DEAR SENATOR INHOFE: I write in support of written to you in your capacity as a member agents of the F.B.I. who had observed and the confirmation of Jerome Holmes to serve of the Senate Committee on the Judiciary, worked with Jerome in his years in the U.S. as a Judge of the United States Court of Ap- and in support of the pending nomination of Attorney’s Office. All were high in their peals for the Tenth Circuit. Jerome A. Holmes to the Tenth Circuit praise for Jerome, his dedication, and work Court of Appeals. Under separate cover I I have worked closely with Mr. Holmes ethic. have also written to Senator Specter with a over a period of years on an important com- He has been most helpful in establishing copy to Senator Leahy. Rather than merely mittee of the Oklahoma Bar Association minority scholarships here at the College of sending a copy of the other letter to you, I tasked with revising the rules of professional Law. conduct for lawyers. As co-chair of this com- wanted to take time to write to you person- He is a delightful person, and I commend ally. mittee, I observed him closely. He was al- ways extremely well-prepared, thoughtful, him to you for this judgeship enthusiasti- For the past 30 years I have had the pleas- cally and without reservation. ure of serving as a member of the legal pro- cooperative, and considerate. In addition, as a supervisor of student externs from my law ANDREW M. COATS, fession, as an active trial lawyer on both the Dean and Professor, College of Law. State and Federal level. For 22 of those school, he was always conscientious and re- years, I have also served as the chief munic- sponsible. COUNTY OF SAN DIEGO, ipal judge for the City of The Village, a com- While Mr. Holmes has taken positions on DEPARTMENT OF THE PUBLIC DEFENDER, munity located in the northwest quadrant of issues with which I disagree, I have no res- ervations regarding the criteria by which he San Diego, CA, June 15, 2006. the Oklahoma City metropolitan area. My Re Jerome A. Holmes practice is not on the appellate level, al- should be judged in this confirmation: pro- Hon. ARLEN SPECTER, though, of necessity, I carefully follow the fessional competence, integrity, and judicial Chairman, Committee on the Judiciary, decisions that emanate from the appellate temperament. U.S. Senate, Washington, DC. courts. Thus, I hope the Senate will confirm Je- Since my primary practice involves crimi- rome Holmes for this position. DEAR SENATOR SPECTER: I am honored to nal defense, I have, on numerous occasions, Sincerely yours, support the nomination of Jerome A. Holmes had reason to meet with, oppose and observe LAWRENCE K. HELLMAN, to the Tenth Circuit Court of Appeals. I am Attorney Holmes. There has never been a Dean and Professor of Law. a deputy public defender, Chair of the ABA time when I felt the nominee was anything Commission on Homelessness and Poverty less than candid, knowledgeable, profes- CROWE & DUNLEVY, and co-founder of the Homeless Court Pro- sional and ethical. He is a worthy opponent, Oklahoma City, OK, July 21, 2006. gram. an excellent trial attorney, and has the re- Re confirmation of Jerome Holmes. Jerome is a member of the ABA Commis- spect of my fellow defense counsel. DEAR SENATOR INHOFE: I wish to voice my sion on Homelessness and Poverty. Jerome’s The appellate courts of our country need— support for the confirmation of Jerome contributions to the Commission’s discus- and deserve—to have jurists of Attorney Holmes to serve as a Judge of the United sions on homeless and poverty issues are al- Holmes’ high caliber. I have absolutely no States Court of Appeals for the Tenth Cir- ways well reasoned and articulate. He is in- doubt that the nominee would devote his cuit. quisitive and insightful. Commission mem- considerable intellect to ensuring that the I have known Jerome Holmes for several bers rely on his input and value his contribu- Constitution is properly protected and that years, first when he was an Assistant U.S. tions. I know Jerome to be thoughtful and cases before him are decided based on the Attorney, and most recently when he associ- deliberative in his approach to a myriad of law. If he is elevated to the Tenth Circuit, ated with my firm, Crowe & Dunlevy of issues that come before the Commission. He there will undoubtedly be times when I dis- Oklahoma City. I know him to be very intel- is respectful of diverging viewpoints that

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.028 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8261 come with review of a wide range of issues year of competition advance in the competi- SMALL BUSINESS PENSION AND such as housing, education and people in- tion. It was a result of his personal and pro- RETIREMENT SAVINGS volved with the criminal justice system, to fessional dedication to the students that he name but a few. was successful in helping inspire these young Ms. SNOWE. Mr. President, as chair I am confident Jerome will uphold the African American students both male and fe- of the Senate Committee on Small highest level of judicial decorum and profes- male to excel in this academic competition. Business and Entrepreneurship, I have sional integrity as a member of the Tenth I know Jerome stated that he was greatly long believed that it is my responsi- Circuit Court of Appeals. I recommend Je- enriched by the young men and women that bility and the duty of this Chamber to rome A. Holmes for appointment to this im- competed on his team. help small businesses, as they are the portant judicial position. I strongly believe that Jerome Holmes has If you have any questions, please call me driver of this Nation’s economy, re- the integrity, personal track record and at (619) 338–4708. sponsible for generating approximately character to represent the 10th Circuit in a Sincerely, 75 percent of net new jobs annually. successful manner. Jerome Holmes is a good STEVEN BINDER, On Monday I introduced legislation person who has always reflected his strong Deputy Pubic Defender. that would help to address the retire- belief in the American dream. I personally witnessed as he was able to effectively, pas- ment needs of millions of small busi- CITY RESCUE MISSION, sionately and successfully share with the ness employees. My bill will make it Oklahoma City, OK, June 21, 2006. Douglass students that the dreams they hold easier for small employers to offer pen- Re Nomination of Jerome A. Holmes, Esq. to can be realized in the same manner. I am sion and 401(k) benefits to their em- the United States Court of Appeals for confident that Jerome Holmes if given the the Tenth Circuit. ployees, who typically have lower re- opportunity to serve will uphold the Con- tirement savings rates. My bill makes Hon. JAMES M. INHOFE, stitution first and foremost and serve in it easier for small businesses to offer a U.S. Senate, such a manner that I along with the mock Washington, DC. ‘‘DB/K plan’’ which is a combination of trial students at Douglass will celebrate this a defined benefit plan and a section DEAR SENATOR INHOFE: I am writing in sup- achievement. port of the nomination of Jerome A. Holmes, 401(k) plan that is included in a single If I can provide additional information Esq., to the United States Court of Appeals plan document. Currently, due to de- for the Tenth Circuit. I have known Jerome please don’t hesitate to contact me. L. DON SMITHERMAN, ESQ., fined benefit plans’ complex rules and since 2001 when Jerome and I were selected high establishment costs, many small for the class of Oklahoma City Leadership. Attorney at Law.6 In 2003, Jerome was asked to serve as a direc- businesses are unable to set up these tor on the board of City Rescue Mission, a f types of pension plans for their em- local homeless shelter and rehabilitation ployees. Instead, many small busi- center located in Oklahoma City. nesses choose to offer less complex Jerome is a recognized leader in many lev- RURAL PLANNING ORGANIZATIONS 401(k) plans that do not require em- els of community service. Locally, he cur- OF AMERICA ployer contributions and offer their rently serves as Chairman of the Board for Mr. BOND. Mr. President, this past employees less guaranteed retirement City Rescue Mission. His leadership has June, the National Association of De- benefits. greatly contributed to City Rescue Mission’s Many small employers would like to national recognition as a model rescue mis- velopment Organizations, NADO, sion for the homeless and poor. Nationally, formed the Rural Planning Organiza- offer defined benefit pension plans but he currently serves as a Commissioner on tions of America, RPO America, a na- are currently hampered by top-heavy the American Bar Association’s Commission tional voluntary organization, which rules designed to prevent large compa- on Homelessness and Poverty where his work was designed to strengthen our Na- nies from exclusively offering pensions has received national recognition. I can per- tion’s rural transportation planning, to key employees. These well-meaning sonally attest to Jerome’s leadership ability development, and infrastructure sys- regulations prevent most small compa- seasoned with character and integrity. nies, with a few key employees, from Jerome is passionately dedicated to his tem. profession as well as his volunteer leadership Under the leadership of NADO, RPO providing pension benefits. Legislation roles. He has gained the respected of his col- America will support rural transpor- that establishes DB/K plans would pro- leagues in the legal profession as well as tation planners and practitioners by vide small businesses with reasonable those in the human services realm. I have providing professional development, exemptions from these top-heavy rules. witnessed Jerome in a variety of leadership peer networking, research and edu- This increased flexibility will enable situations and have always been greatly im- employers to offer employees pension pressed with his demeanor, temperament, cational initiatives in order to promote and showcase the benefits and value of benefits as well as the capability to and thoroughness. Jerome is the first person save incrementally in 401(k) type ac- I call when I need a fair unbiased carefully transportation planning and infra- considered point of view—he leaves no stone structure development throughout our counts. Another advantage of DB/K plans is unturned. I highly recommend Jerome Nation’s rural communities. Holmes for confirmation to the United that they offer employees increased Investing in our rural roadways and flexibility. Employees with DB/K plans States Court of Appeals for the Tenth Cir- bridges is more than just investing in cuit—he will serve our country well. would be allowed to take their DB/K Respectfully, concrete and steel; it is also an invest- assets with them when they switch em- REV. GLENN GRANFIELD, ment in our future. For this reason, it ployers. This portability would make President/CEO. is essential that our Nation’s rural DB/Ks attractive to many younger em- transportation professionals be pro- ployees, who tend to change jobs often. OKLAHOMA CITY, OK vided with the necessary tools and sup- July 24, 2006. Portability is a DB/K innovation not port to promote and showcase the offered by traditional defined benefit Hon. JAMES INHOFE, value, benefits, and accomplishments U.S. Senate, plans which have vesting periods and Washington, DC. of rural transportation planning and stop accumulating value when the em- DEAR SENATOR INHOFE: This letter is writ- development. ployee leaves a company. For older ten to support the nomination of Jerome Efficient transportation infrastruc- workers, the main attraction would be Holmes to the 10th Circuit Court of Appeals. ture plays a critical role in a successful the defined benefit feature, which pro- I am an African American attorney and ac- and thriving community. Furthermore, vides that at least part of their retire- tive member of the community as well as an a reliable transportation system within adjunct teacher at Douglass High School and ment savings would provide a monthly I hope that Jerome is confirmed by the U.S. our Nation’s rural community is not pension check at retirement. Senate. I have known Jerome for almost 15 only critical to our rural communities According to the Employee Benefit years and I am very proud to call him a but also to our Nation’s economy. Research Institute, only 16 percent of friend. It was that friendship I relied upon Mr. President, I ask my colleagues to employees at companies with 10 work- when I asked that he serve as a volunteer join me in recognizing this newly ers or fewer and 32 percent of employ- coach for the Frederick Douglass High formed organization that will support ees at companies with 100 employees or School Mock Trial team which has a pre- the role of rural transportation plan- fewer participate in their company- dominantly African American student popu- lation. ners and the efforts to improve rural sponsored retirement savings plans. Jerome was very instrumental in helping community access throughout the Comparatively, almost 60 percent of the Frederick Douglass team in the first country. employees at companies with more

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.026 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8262 CONGRESSIONAL RECORD — SENATE July 26, 2006 than 1,000 workers save for retirement nauts that continue to strive for excel- have been at the core of the entire sto- through a company sponsored plan. lence. Through current exploration, ried history of Crater Lake National Small business workers’ low participa- the lives of those lost in both the Co- Park. tion rates in retirement savings plan lumbia and Challenger accidents, includ- On August 25, 2006, the Crater Lake are troubling as small businesses em- ing Astronaut Ellison Onizuka, who National Park will open the doors to ploy half of all private sector employ- was born and raised in my home State its new Science and Learning Center. ees. Many policymakers who are close- of Hawaii, live on. I am proud of the Just as William Gladstone Steel spent ly watching the aging of the American advances we have made in space explo- his early years participating in sci- population worry that small business ration and am grateful for all those entific experiments at Crater Lake, the owners’ and their employees’ low sav- who have made the dream of space ex- Science and Learning Center will pro- ings rates will leave this group inad- ploration possible. Again, I extend my vide the public with an entry into one equately prepared to pay for their re- warm welcome to the Discovery crew of nature’s most spectacular labora- tirements. The creation of DB/K plans and congratulate them on completing tories. Scientists, teachers, students, is one option for helping small business their mission. artists and the general public alike will benefit from this new facility at the owners and their employees increase f their overall retirement savings. park, which will be one of a very few Under this legislation each part of REMEMBERING YVONNE GOODMAN National Park Service Learning Cen- the DB/K plan would be subject to the Mr. GRASSLEY. Mr. President, I rise ters in the Nation. present-law rules for defined benefit to pay tribute to Yvonne R. Goodman. The opening of the Crater Lake plans or 401(k) plans, but the rules Funeral services were held for her this Science and Learning Center is the cul- would be simplified. Like 401(k) plans, morning. Yvonne served on my Wash- mination of many years of persever- the proposed DB/Ks would allow em- ington, DC, staff in the Senate and in ance and hard work from the dedicated ployees to make pretax contributions the House of Representatives for a staff and partners of Crater Lake Na- to their accounts, could include em- total of 28 years, and she worked for tional Park. Specifically, I want to rec- ognize the dedication and ingenuity of ployer matching funds and permit em- my predecessor in the House of Rep- Crater Lake National Park Super- ployees to invest their 401(k) portion in resentatives, Congressman H.R. Gross, intendent, Charles ‘‘Chuck’’ Lundy. mutual funds etc. The assets of both for 25 years. She began helping me the Chuck has gone above and beyond the components of the DB/K plan could be first day I arrived on Capitol Hill and call of duty and Oregon is lucky to held in a trust covered by a single trust continued until she retired in 2002. In have him at the helm of the Crater instrument. However, the assets of the total, Yvonne served the people of Iowa Lake ‘‘Phantom Ship.’’ During Chuck’s defined benefit component of the plan for a remarkable 53 years. There is no 8-year tenure at the Park, he has and the assets of the 401(k) component doubt that Iowans benefited from her worked in the spirit of William Glad- of the plan must be clearly identified loyalty to their representatives in the stone Steel using his innovative mind Congress and her standard of excel- and allocated to the appropriate part of to mold the future of America’s deepest lence in her work. I was very fortunate the trust. and most pristine lake. The Crater to have her on my staff. Yvonne was f Lake Centennial license plate cam- from Osage, IA. She was a special per- ‘‘DISCOVERY’’ SPACE SHUTTLE paign, under Chuck’s direction, has son and a valuable and trusted em- given each and every Oregonian the LANDING ployee. She made a great contribution Mr. AKAKA. Mr. President, I rise in ability to express just how special Cra- with her selfless and dedicated public ter Lake is to them and to our State. celebration of the National Aero- service. Her husband Jim is also a nautics and Space Administration’s As of July of 2006, 138,000 license plates friend. He, too, worked in government have been purchased by Oregonians, successful return to Earth of Space and shared Yvonne’s commitment to with the proceeds going directly to the Shuttle Discovery and to welcome the the people’s business. Yvonne and Jim new Science and Learning Center. crew of flight STS–121 home. were an integral part of my office fam- Mr. President, I am extremely proud Over the last few decades, NASA has ily for 28 years. They touched the lives of the successes being exhibited by the experienced tragic lessons in the dan- of so many fellow staffers with their outstanding team of National Park gers of space exploration. That is why caring ways. They were gardeners who Service employees at Crater Lake Na- it was heartwarming to see Com- loved to share their beautiful flowers tional Park. I congratulate them on mander Steven Lindsey, Pilot Mark and plants. My wife Barbara joins me the opening of the Science and Learn- Kelly, and Mission Specialists Michael today in extending our sympathy to ing Center and wish them all the best Fossum, Lisa Nowak, Stephanie Wil- Jim and saluting the life and many as they continue to preserve and pro- son, and Piers Sellers, safely return good deeds of his beloved Yvonne. tect the national park Oregonians love home after spending 13 days in orbit. f so much.∑ After two weather-related delays, the Discovery launched on July 4, 2006, ADDITIONAL STATEMENTS f Independence Day. During the STS–121 PASSING OF MAX METZGER mission, the crew made critical tests of ∑ CRATER LAKE NATIONAL PARK Mr. COLEMAN. Mr. President, I wish shuttle safety improvements. In addi- today to recognize the passing of my tion, the crew transported European ∑ Mr. SMITH. Mr. President, on behalf friend Max Metzger this past Saturday Space Agency astronaut, Thomas of all Oregonians, I wish to recognize morning. As we grieve the loss for his Reiter, to the International Space Sta- the recent accomplishments of Or- family, the citizens of St. Paul are tion where they delivered additional egon’s first national park at Crater grateful for the music he brought to supplies and equipment. During their Lake. them. As the former mayor of St. Paul, time on the International Space Sta- President Theodore Roosevelt had I had the opportunity to become ac- tion, the STS–121 crew worked in con- never set his eyes on the deep blue wa- quainted with Max and was touched by junction with the Expedition 13 crew ters of Crater Lake when he signed the the love of music he brought to our on joint operations. The crew also per- law in 1902 making Crater Lake the community. formed maintenance on the Inter- fifth oldest national park in the United To say Max was an icon in the St. national Space Station’s mobile trans- States. He was, however, well aware of Paul Music scene would be an under- porter and tested orbiter heat shield the 17-year battle fought to make its statement. For 56 summers he brought repair techniques during their three protection a reality. The father of Cra- music to thousands of Minnesotans, space walks. The flight marked the ter Lake, William Gladstone Steel, de- conducting pops concerts at the Como 115th space shuttle flight and was the voted his life to seeing Crater Lake Lakeside Pavilion. He was a gifted mu- second flight since the 2003 Columbia protected and walked these halls of sician, director, and entertainer. He tragedy. Congress to make sure that the maj- was a kind and gentle man with a great This successful mission is a testa- esty of this Oregon jewel was forever sense of humor, a love for his city, and ment to NASA and our valiant astro- enshrined. Hard work and perseverance passionately devoted to his wife Nell.

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.022 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8263 Max Metzger was born in Germany in warehouses for the U.S. Securities and proved a $2.5 million per year operating 1922, and his family emigrated to the Exchange Commission. As the senior referendum. United States in 1931. His mother was Senator from the Commonwealth of Much of the credit for Roosevelt Ele- Mady Metzger-Zeigler, an internation- Virginia, I am proud that these impor- mentary School’s success belongs to its ally renowned mezzo-soprano who tant installations are in my State. principal, Rick Lund, and the dedicated founded the St. Paul Opera Workshop. They provide many crucial services to teachers. The students and staff at Max was involved in the Workshop for all Americans, and have responsibil- Roosevelt Elementary School under- several decades, before taking it over ities beyond the Commonwealth. I am stand that, in order to be successful, a upon his mother’s death in 1979. proud that Fairfax Water serves its school must go beyond achieving aca- Yet while Max clearly loved music local and national constituencies so demic success; it must also provide a and had a high aptitude for producing well. nurturing environment where students and performing, he had not inherited Mr. President, I am sure that my col- can develop the knowledge, skills, and his mother’s beautiful voice. In fact, leagues will join me in offering con- attitudes for success throughout life. his mother made Max promise never to gratulations and continued success to All of the faculty, staff, and students sing or she would disown him. my friends at Fairfax Water.∑ at Roosevelt Elementary School should So Max found other outlets for his f be very proud of their accomplish- musicality. He started to play the bas- ments. soon at a young age. He played with RECOGNIZING ROOSEVELT ELE- I congratulate Roosevelt Elementary the St. Paul Civic Opera Workshop, di- MENTARY SCHOOL, MANKATO, School in Mankato for winning the rected the Civic Opera orchestra, and MINNESOTA Award for Excellence in Education and played with a symphony orchestra in ∑ Mr. DAYTON. Mr. President, today I for its exceptional contributions to Duluth. honor Roosevelt Elementary School, in education in Minnesota.∑ Max Metzger personified the thriving Mankato, MN, which recently earned f arts culture in St. Paul for decades, an Award for Excellence in Education RECOGNIZING KENNEDY ELEMEN- touching innumerable lives. In fact, in for its exceptional and innovative TARY SCHOOL, MANKATO, MIN- appreciation of his amazing deeds and achievements in educating children. NESOTA accomplishments, the City of St. Paul Roosevelt Elementary School is truly ∑ Mr. DAYTON. Mr. President, today I dedicated a street in his name in beau- a model of educational success, in honor Kennedy Elementary School, in tiful Como Park. The Nobel Prize win- keeping with its mission: ‘‘To Educate Mankato, MN, which recently earned ning poet T.S. Eliot once said that the Whole Child . . . For Life.’’ an Award for Excellence in Education ‘‘you are the music while the music In 2005, the Minnesota Department of for its exceptional and innovative lasts.’’ Education recognized Roosevelt Ele- achievements in educating children. Mr. President, the music will last in mentary as a five-star school in both Kennedy Elementary School is truly the hearts and minds of countless Min- reading and math, an achievement a model of educational success. It ∑ reached by less than 7 percent of all nesotans, thanks to Mr. Max Metzger. achieves the goal embodied in its mis- Minnesota schools. Another source of f sion statement: ‘‘Learning and Suc- school pride is the significant progress ceeding Together for Tomorrow’s FREDERICK P. GRIFFITH, JR. made in these subjects over the past 7 WATER TREATMENT FACILITY World.’’ years. Kennedy Elementary is imple- ∑ Mr. WARNER. Mr. President, today I In 1998, the math and reading scores menting Reading First, a 3-year pro- rise to congratulate the dedicated lead- of Roosevelt’s third graders were well gram which provides intensive profes- ership and employees of Fairfax Water. below the threshold necessary for the sional development for all teachers, Their vision and hard work has paved ‘‘adequate yearly progress’’ under the kindergarten through third grade. One the way for the opening of the Fred- existing State standards. The average teacher from both the fourth and fifth erick P. Griffith, Jr. Water Treatment math score in 1998 was 1401, and the av- grades also takes part, to ensure con- Facility on July 15, 2006. The Griffith erage reading score was 1361; an aver- tinuity of reading instruction beyond plant is truly state of the art and we age of 1420 was necessary for the the third grade. are proud that the Commonwealth has State’s ‘‘adequate yearly progress’’ Since 2002, Kennedy teachers have, such an entity leading the way and set- designation. Thanks to a concerted on their own time, attended study ting such high standards for the rest of ‘‘team effort,’’ to improve achieve- groups that meet for 2 hours each the country. Leaders at Fairfax Water ment, test scores have risen dramati- week. They follow a protocol to explore truly recognize the importance of pro- cally. In 2005, the average reading score scientifically based reading research, tecting our natural resources and pre- was 1594, an increase of 193 points over which they apply in their teaching. serving the facets of the surrounding the 1998 average; the average math The teachers regularly review test data area. score was 1650, an increase of 289 to tailor their reading instruction to I think it is most important to recog- points. each child. Teams of teachers, includ- nize that this new facility embodies The Roosevelt fifth graders showed ing the classroom teachers, the title I our Nation’s commitment to homeland similar gains. Their lowest average reading teacher, and the English lan- security. The Griffith plant is equipped scores of 1408 in reading and 1395 in guage learner teachers, collaborate to with numerous security measures math occurred in 1999. In 2005, the aver- create successful intervention plans for which go a long way to ensure that age reading score was 1719, an increase any pupil performing below grade-level Fairfax Water’s nearly 1.5 million cus- of 311 points; the average math score benchmarks in reading. During the tomers are well protected from poten- increased to 1641, an increase of 246 study groups, teachers also review and tial threats be they natural or man- points. critique video clips of each other’s made. This is comforting to know espe- Roosevelt attributes its success to teaching. Through this process of re- cially when one considers the large the strong team effort, involving flection, teachers evaluate themselves number of critical government facili- teachers, administrators, and parents to improve their instructional tech- ties which are served by Fairfax Water. working closely together to set goals niques and teaching practices. These facilities include Fort Belvoir and objectives for the children. The North Central Association for U.S. Army Reservation, Fort Belvoir Another component of the success of Accreditation and School Improvement Proving Grounds, facilities of the Cen- all of Mankato’s schools is the tremen- recently conducted a peer review of tral Intelligence Agency, U.S. Fish and dous support from the community. Kennedy Elementary School’s reading Wildlife Service Laboratories, U.S. Last fall, Mankato-area voters ap- instruction. The school earned a per- Navy Family Housing, U.S. Coast proved two referenda: to provide $6 mil- fect score. Guard Information Systems Center, fa- lion to update many existing buildings The study and research of the Ken- cilities of the General Services Admin- throughout the district and to provide nedy Elementary Leadership Team istration, facilities of the U.S. Depart- $3.5 million over 7 years to update the identified early educational interven- ment of State; and office space and schools’ technology. In 2002, voters ap- tions and programs to increase

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.053 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8264 CONGRESSIONAL RECORD — SENATE July 26, 2006 achievement. This research resulted in demonstrate their belief that the chil- havior functioning. Many have sub- specific changes intended to improve dren can and will succeed; they then stance abuse and/or mental health ill- the achievement of all children, includ- take time to celebrate their pupils’ nesses or a history of involvement with ing a full-day kindergarten program, successes. the juvenile courts. All the teachers hiring an additional English language At a monthly celebration assembly, a and staff at the Bren Road Education learner teacher, and adding three read- feature of the continuing focus on ac- Center approach these tremendous ing intervention teachers. In addition, knowledging successes, children are challenges with the assumption that more teachers were hired to reduce publicly recognized for curricular and their students will succeed. class sizes in grades K–3. noncurricular attainments, which can The Bren Road Education Center Another component of the success of involve such areas as most improved, opened its doors in September, 2005, all of Mankato’s schools is the tremen- citizenship, and academic achievement. with a true sense of excitement and dous support from the community. At each assembly, every teacher recog- promise. One observer said, ‘‘There was Last fall, Mankato-area voters ap- nizes three pupils, who receive student- a sense of relief that the students at proved two referenda: to provide $6 mil- of-the-month ribbons. Their names are the Bren Road Education Center would lion to update many existing buildings also posted in the school’s front lobby. now have a new chance, an opportunity throughout the district and to provide It is a goal that, by the end of the year, for success, and a bright future!’’ $3.5 million over 7 years to update the every child will have been recognized The staff at Bren Road consider each schools’ technology. In 2002, voters ap- for some accomplishment. This rec- student to be unique, and they work proved a $2.5 million per year operating ognition builds self-esteem, promotes a tirelessly to build relationships with referendum. sense of individual responsibility, and the students by engaging them respect- Much of the credit for Kennedy Ele- effectively motivates pupils to work fully. The philosophy at Bren Road is mentary School’s success belongs to its hard academically. that these young people have often principal, Greg Stoffel, and the dedi- Another component of the success of struggled unsuccessfully in traditional, cated teachers. The students and staff all of Mankato’s schools is the tremen- large high schools, because their par- at Kennedy Elementary School under- dous support from the community. ticular needs had gone unrecognized. stand that, in order to be successful, a Last fall, Mankato-area voters ap- Given the right environment, appro- school must go beyond achieving aca- proved two referenda: to provide $6 mil- priate support, positive relationships demic success; it must also provide a lion to update many existing buildings with adults, and opportunities to give nurturing environment where students throughout the district, and to provide and receive respect, they can do well in can develop the knowledge, skills, and $3.5 million over 7 years to update the an academic setting. attitudes for success throughout life. schools’ technology. In 2002, voters ap- Bren Road’s individualized instruc- All of the faculty, staff, and students proved a $2.5 million per year operating tion in reading, writing, and math pre- at Kennedy Elementary School should referendum. pares students to pass State-level pro- be very proud of their accomplish- Much of the credit for Washington ficiency tests. Experimental learning ments. Elementary School’s success belongs to labs including science, art, and inde- I congratulate Kennedy Elementary its principal, Judi Brandon, and the pendent living labs afford students School in Mankato for winning the dedicated teachers. The students and hands-on learning and vocational expe- Award for Excellence in Education and staff at Washington Elementary School riences. One student was repeatedly for its exceptional contributions to understand that, in order to be success- suspended from his regular high school, education in Minnesota.∑ ful, a school must go beyond achieving because he could not control his anger. f academic success; it must also provide At Bren Road, however, he has devel- a nurturing environment where stu- oped his interest in woodworking and RECOGNIZING WASHINGTON ELE- dents can develop the knowledge, takes pride in making Adirondack fur- MENTARY SCHOOL, MANKATO, skills, and attitudes for success niture. MINNESOTA throughout life. All of the faculty, Much of the credit for the Bren Road ∑ Mr. DAYTON. Mr. President, today I staff, and students at Washington Ele- Education Center’s success belongs to honor Washington Elementary School, mentary School should be very proud its supervisor, Jan Joslin, and the dedi- in Mankato, MN, which recently of their accomplishments. cated teachers and staff. The students earned an Award for Excellence in Edu- I congratulate Washington Elemen- and staff at the Bren Road Education cation for its exceptional and innova- tary School in Mankato for winning Center understand that, in order to be tive achievements in educating chil- the Award for Excellence in Education successful, a school must go beyond dren. and for its exceptional contributions to achieving academic success; it must Washington Elementary School is education in Minnesota.∑ also provide a nurturing environment truly a model of educational success. f where students can develop the knowl- The school is one of 9 elementary edge, skills, and attitudes for success RECOGNIZING THE BREN ROAD schools in Mankato and serves 380 pu- throughout life. All of the faculty, EDUCATION CENTER, MINNETON- pils, including a large number of chil- staff, and students at the Bren Road KA, MINNESOTA dren of diverse backgrounds, and many Education Center should be very proud who settled in Mankato upon arriving ∑ Mr. DAYTON. Mr. President, today I of their accomplishments. from other countries. Thirteen percent honor the Bren Road Education Center, I congratulate the Bren Road Edu- of Washington children are English in Minnetonka, MN, which recently cation Center in Minnetonka for win- language learners, and 40 percent qual- earned an Award for Excellence in Edu- ning the Award for Excellence in Edu- ify for free or reduced-price lunches. cation for its exceptional and innova- cation and for its exceptional contribu- The large percentages of English lan- tive achievements in educating chil- tions to education in Minnesota.∑ guage learners and children from low- dren. f income families present a significant The Bren Road Education Center is challenge to the school; and although truly a model of educational success. RECOGNIZING THE EDEN PRAIRIE Washington Elementary has never The center serves high school students, SCHOOL DISTRICT, EDEN PRAI- failed to make adequate yearly who often present the greatest chal- RIE, MINNESOTA progress relative to the requirements lenges for educators. Those enrolled at ∑ Mr. DAYTON. Mr. President, today I of No Child Left Behind, that success Bren Road have been referred by their honor the Eden Prairie School District, has required a constant focus on aca- school districts and come with behav- in Eden Prairie, MN, which recently demic achievement. ioral problems, unsuccessful social earned an Award for Excellence in Edu- The staff at Washington Elementary interactions, and, in some cases, cation for its exceptional and innova- consistently strive to make classroom neurobiological disorders and develop- tive achievements in educating chil- learning more meaningful by finding mental delays. Nearly all students dren. connections with all other aspects of have significant special education The Eden Prairie School District is the children’s daily lives. Teachers also needs in the areas of emotional and be- truly a model of educational success.

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.067 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8265 The district takes a systemwide ap- Perpich Center for Arts Education, in RECOGNIZING MANKATO EAST proach to ending a subtle form of rac- Golden Valley, MN, which recently JUNIOR HIGH SCHOOL, MAN- ism that can plague schools and other earned an Award for Excellence in Edu- KATO, MINNESOTA institutions. cation for its exceptional and innova- ∑ Mr. DAYTON. Mr. President, today I Some schools use an approach to tive achievements in educating chil- honor Mankato East Junior High teaching that has a bias—an approach dren. School, in Mankato, MN, which re- that benefits white students and puts The Arts High School is truly a cently earned an Award for Excellence black students at a disadvantage. Eden model of educational success. The in Education for its exceptional and in- Prairie Schools Superintendent Dr. Me- school is a residential, tuition-free, novative achievements in educating lissa Krull, believes the district has public high school delivering a com- children. made progress toward a solution. prehensive education for eleventh- and Mankato East Junior High School is The 2005 Minnesota Comprehensive truly a model of educational success. Assessments, MCA, results for Eden twelfth-grade students motivated to focus their studies on the arts. Enroll- The school has formed a partnership Prairie were impressive: All schools with the Greater Mankato Diversity showed dramatic improvements. How- ment is limited to 310 students, afford- ing a relatively small learning environ- Council to augment the community’s ever, the district found that its Black commitment to creating an environ- students were not realizing the same ment while allowing students from every part of Minnesota to take advan- ment of inclusiveness. Mankato East level of success as other students. Junior High offers the council’s preju- tage of the wonderful arts resources in Eden Prairie found that even exclud- dice reduction workshops to the sev- the Twin Cities. Dedicated and caring ing factors such as poverty, learning enth and eighth grades. The curricu- staff members furnish 24-hour super- disabilities, and English as a second lum’s core value is respect. language, the district’s Black students vision and coordinate many special ac- The seventh grade curriculum at were still not doing as well as White tivities for dormitory residents. Its 16- Mankato East Junior High focuses on students, who earned approximately 22 year history has demonstrated that the ‘‘Global Awareness/World Mindedness: to 25 percentage points more than Arts High School is a highly effective If the World Were a Village.’’ This Black students on the MCAs. means of promoting student achieve- workshop identifies inequities in the Eden Prairie Schools have made a ment and artistic attainment. distribution of resources among the great commitment of time and re- In their morning classes, Arts High world’s people, and it encourages dia- sources to eliminating the achieve- students study math, science, world logue about how students can con- ment gap. Eden Prairie administrators languages, English, and social studies. tribute to finding a solution to the base their response on research and In the afternoon, they delve deeply problem. data, breaking down test results by ra- into their arts area studies; students The eighth grade workshop, ‘‘Vive la cial groups, then determining which can concentrate on dance, literary Difference,’’ gives students an oppor- schools, classrooms, and students need arts, media arts, music, theater, or vis- tunity to participate in an activity to that extra attention. ual arts. Over the past 5 years, the Arts learn about the feelings and behaviors The district created a program, at High has had 9 National Merit Scholar- accompanying inclusion and exclusion. one elementary school, called ‘‘The ship Finalists, 6 Semifinalists, and 18 Mankato East Junior High School Mom’s Club,’’ inviting single mothers Commended Students. also supports P.E.A.C.E. People Experi- to visit and talk with staff and other encing and Accepting Cultures Every- single mothers while their sons inter- Testimonials from the Arts High where. Approximately 50 of the school’s act with male high school students to School’s graduates convey their appre- 465 seventh and eighth graders partici- establish friendships. Through the dis- ciation of the school’s merits. Ashley pate in the PEACE project, helping trict’s Somali Liaison Program, a So- Wilkinson, class of 2004, says, ‘‘My ex- them find new ways to increase cul- mali staff member visits new Somali periences at the Arts High School have tural awareness, promote acceptance families to answer questions about the given me the confidence to approach among all students, speak out against schools and show families how to get any situation and succeed. The extra violence and racism, teach tolerance, involved. As part of a Homework Zone confidence has made me stronger and lead by positive example, serve the Initiative, staff members go to apart- prepared me for the world.’’ Brian community through special projects, ment complexes with diverse families McManamon, class of 1993, who is an improve self-esteem, and support oth- and offer free, afterschool tutoring. MFA candidate at the Yale School of ers. Much of the credit for the Eden Prai- Drama, says, ‘‘As a student, I found As part of its efforts to increase rie School District’s success belongs to myself continually interested in chal- awareness and appreciation of other its superintendent, Dr. Melissa Krull, lenging myself and experiencing not cultures, Mankato East Junior High in- the dedicated principals, teachers, and just acting, but taking a risk once in a vites the Mixed Blood Theater to per- other staff. The students and staff while and doing something I was not form for the entire student body. This within the district understand that, in familiar with. I wouldn’t be where I am year’s presentation, the ‘‘Black Eagle,’’ order to be successful, a district must today, if I hadn’t gone to the Arts High tells the story of Dr. Ronald McNair, go beyond achieving academic success; School.’’ the African-American scientist who it must also provide a nurturing envi- Much of the credit for the Arts High was aboard the Space Shuttle Chal- ronment where all students can de- School’s success belongs to its Direc- lenger in 1986. velop the knowledge, skills, and atti- tor, Rie Gilsdorf, and the dedicated Another component of the success of tudes for success throughout life. All of teachers. The students and staff at the all of Mankato’s schools is the tremen- the faculty, staff, and students at the Arts High School understand that, in dous support from the community. Eden Prairie School District should be order to be successful, a school must go Last fall, Mankato-area voters ap- very proud of their accomplishments. beyond achieving academic success; it proved two referenda: to provide $6 mil- I congratulate Eden Prairie School must also provide a nurturing environ- lion to update many existing buildings throughout the district and to provide District in Eden Prairie for winning ment where students can develop the $3.5 million over 7 years to update the the Award for Excellence in Education knowledge, skills, and attitudes for schools’ technology. In 2002, voters ap- and for its exceptional contributions to success throughout life. All of the fac- ∑ proved a $2.5 million per year operating education in Minnesota. ulty, staff, and students at the Arts f referendum. High School should be very proud of Much of the credit for Mankato East RECOGNIZING THE ARTS HIGH their accomplishments. Junior High School’s success belongs SCHOOL—PERPICH CENTER FOR I congratulate the Arts High School to its principal, Rich Dahman, and the ARTS EDUCATION—GOLDEN VAL- in Golden Valley for winning the dedicated teachers. The students and LEY, MINNESOTA Award for Excellence in Education and staff at Mankato East Junior High ∑ Mr. DAYTON. Mr. President, today I for its exceptional contributions to School understand that, in order to be honor the Arts High School at the education in Minnesota.∑ successful, a school must go beyond

VerDate Aug 31 2005 02:36 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.050 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8266 CONGRESSIONAL RECORD — SENATE July 26, 2006 achieving academic success; it must at 1 Marble Street in Fair Haven, Vermont, The message also announced that the also provide a nurturing environment as the ‘‘Matthew Lyon Post Office Building’’. House passed the following bill with where students can develop the knowl- The enrolled bills were subsequently amendments, in which it requests the edge, skills, and attitudes for success signed by the President pro tempore concurrence of the Senate: throughout life. All of the faculty, (Mr. STEVENS). S. 3525. An act to amend subpart 2 of part B of title IV of the Social Security Act to staff, and students at Mankato East f Junior High School should be very improve outcomes for children in families af- proud of their accomplishments. ENROLLED BILL SIGNED fected by methamphetamine abuse and ad- diction, to reauthorize the promoting safe I congratulate Mankato East Junior At 12:30 p.m., a message from the and stable families program, and for other High School in Mankato for winning House of Representatives, delivered by purposes. the Award for Excellence in Education one of its clerks, announced that the The message further announced that and for its exceptional contributions to Speaker has signed the following en- the House agreed to the following con- education in Minnesota.∑ rolled bill: current resolutions, in which it re- f H.R. 4472. An act to protect children from quests the concurrence of the Senate: sexual exploitation and violent crime, to H. Con. Res. 145. Concurrent resolution ex- MESSAGES FROM THE HOUSE prevent child abuse and child pornography, pressing the sense of Congress in support of to promote Internet safety, and to honor the a national bike month and in appreciation of memory of Adam Walsh and other child cyclists and others for promoting bicycle ENROLLED BILLS SIGNED crime victims. safety and the benefits of cycling. H. Con. Res. 235. Concurrent resolution ex- At 10:43 a.m., a message from the The enrolled bill was subsequently signed by the President pro tempore pressing the sense of the Congress that House of Representatives, delivered by States should require candidates for driver’s Mr. Hays, one of its reading clerks, an- (Mr. STEVENS). licenses to demonstrate an ability to exer- nounced that the Speaker has signed f cise greatly increased caution when driving in the proximity of a potentially visually the following enrolled bills: ENROLLED BILL SIGNED S. 310. An act to direct the Secretary of the impaired individual. H. Con. Res. 384. Concurrent resolution rec- Interior to convey the Newlands Project At 1:09 p.m., a message from the ognizing and honoring the 100th anniversary Headquarters and Maintenance Yard Facility House of Representatives, delivered by of the founding of the Alpha Phi Alpha Fra- to the Truckee-Carson Irrigation District in Mr. Hays, one of its reading clerks, an- ternity, Incorporated, the first intercolle- the State of Nevada. nounced that the Speaker has signed giate Greek-letter fraternity established for H.R. 2977. An act to designate the facility the following enrolled bill: African Americans. of the United States Postal Service located H.R. 9. An act to amend the Voting Rights H. Con. Res. 449. Concurrent resolution at 306 2nd Avenue in Brockway, Montana, as Act of 1965. commemorating the 60th anniversary of the the ‘‘Paul Kasten Post Office Building’’. historic 1946 season of Major League Baseball H.R. 3440. An act to designate the facility The enrolled bill was subsequently Hall of Fame member Bob Feller and his re- of the United States Postal Service located signed by the President pro tempore turn from military service to the United at 100 Avenida RL Rodriguez in Bayamon, (Mr. STEVENS). States. Puerto Rico, as the ‘‘Dr. Jose Celso Barbosa Post Office Building’’. At 4:46 p.m., a message from the At 5:41 p.m., a message from the H.R. 3549. An act to designate the facility House of Representatives, delivered by House of Representatives, delivered by of the United States Postal Service located Ms. Niland, one of its reading clerks, Ms. Niland, one of its reading clerks, at 210 West 3rd Avenue in Warren, Pennsyl- announced that the House has passed announced that the House has agreed vania, as the ‘‘William F. Clinger, Jr. Post Office Building’’. the following bills, in which it requests to the following concurrent resolution, H.R. 3934. An act to designate the facility the concurrence of the Senate: in which it requests the concurrence of of the United States Postal Service located H.R. 4804. An act to modernize the manu- the Senate: at 80 Killian Road in Massupequa, New York, factured housing loan insurance program H. Con. Res. 456. Concurrent resolution as the ‘‘Gerard A. Fiorenza Post Office Build- under title I of the National Housing Act. providing for a correction to the enrollment ing’’. H.R. 5013. An act to amend the Robert T. of the bill, S. 203. H.R. 4101. An act to designate the facility Stafford Disaster Relief and Emergency As- of the United States Postal Service located sistance Act to prohibit the confiscation of At 6:01 p.m., a message from the at 170 East Main Street in Patchogue, New firearms during certain national emer- House of Representatives, delivered by York, as the ‘‘Lieutenant Michael P. Murphy gencies. Ms. Niland, one of its reading clerks, Post Office Building’’. H.R. 5024. An act to require annual oral announced that the House agrees to H.R. 4108. An act to designate the facility testimony before the Financial Services the amendment of the Senate to the of the United States Postal Service located Committee of the Chairperson or a designee bill (H.R. 5865) to amend section 113 of at 3000 Homewood Avenue in Baltimore, of the Chairperson of the Securities and Ex- the Social Security Act to temporarily Maryland, as the ‘‘State Senator Verda Wel- change Commission, the Financial Account- assist United States citizens returned come and Dr. Henry Welcome Post Office ing Standards Board, and the Public Com- Building’’. pany Accounting Oversight Board, relating from foreign countries, and for other H.R. 4456. An act to designate the facility to their efforts to promote transparency in purposes. of the United States Postal Service located financial reporting. f at 2404 Race Street in Jonesboro, Arkansas, H.R. 5068. An act to reauthorize the oper- as the ‘‘Hattie W. Caraway Station’’. ations of the Export-Import Bank, and to re- MEASURES REFERRED H.R. 4561. An act to designate the facility form certain operations of the Bank, and for The following bills were read the first of the United States Postal Service located other purposes. and the second times by unanimous at 8624 Ferguson Road in Dallas, Texas, as H.R. 5074. An act to amend the Railroad consent, and referred as indicated: the ‘‘Francisco ‘Pancho’ Medrano Post Office Retirement Act of 1974 to provide for contin- H.R. 4804. An act to modernize the manu- Building’’. ued payment of railroad retirement annu- factured housing loan insurance program H.R. 4688. An act to designate the facility ities by the Department of the Treasury, and under title I of the National Housing Act; to of the United States Postal Service located for other purposes. the Committee on Banking, Housing, and at 1 Boyden Street in Badin, North Carolina, H.R. 5121. An act to modernize and update Urban Affairs. as the ‘‘Mayor John Thompson ‘Tom’ Garri- the National Housing Act and enable the H.R. 5024. An act to require annual oral son Memorial Post Office’’. Federal Housing Administration to use risk- testimony before the Financial Services H.R. 4786. An act to designate the facility based pricing to more effectively reach un- Committee of the Chairperson or a designee of the United States Postal Service located derserved borrowers, and for other purposes. of the Chairperson of the Securities and Ex- at 535 Wood Street in Bethlehem, Pennsyl- H.R. 5187. An act to amend the John F. change Commission, the Financial Account- vania, as the ‘‘H. Gordon Payrow Post Office Kennedy Center Act to authorize additional ing Standards Board, and the Public Com- Building’’. appropriations for the John F. Kennedy Cen- pany Accounting Oversight Board, relating H.R. 4995. An act to designate the facility ter for the Performing Arts for fiscal year to their efforts to promote transparency in of the United States Postal Service located 2007. financial reporting; to the Committee on at 7 Columbus Avenue in Tuckahoe, New H.R. 5852. An act to amend the Homeland Banking, Housing, and Urban Affairs. York, as the ‘‘Roland Bucca Post Office’’. Security Act of 2002 to enhance emergency H.R. 5068. An act to reauthorize the oper- H.R. 5245. An act to designate the facility communications at the Department of ations of the Export-Import Bank, and to re- of the United States Postal Service located Homeland Security, and for other purposes. form certain operations of the Bank, and for

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.069 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8267 other purposes; to the Committee on Bank- aerospace companies, has over 157,000 direct POM–413. A resolution adopted by the Sen- ing, Housing, and Urban Affairs. and indirect employees supported by the ate of the Legislature of the State of Texas H.R. 5074. An act to amend the Railroad aerospace industry, and ranks third in the relative to enacting a free trade agreement Retirement Act of 1974 to provide for contin- nation in private aerospace absolute employ- between the United States and Taiwan; to ued payment of railroad retirement annu- ment; and the Committee on Finance. ities by the Department of the Treasury, and Whereas, Colorado is home to Air Force SENATE RESOLUTION NO. 720 for other purposes; to the Committee on Space Command with facilities at Peterson, Whereas, Taiwan is Texas’ fifth-largest for- Health, Education, Labor, and Pensions. Schriever, and Buckley Air Force bases as eign market, and the agriculture and manu- H.R. 5121. An act to modernize and update well as the operational home to the Air facturing sectors of the Texas economy, the National Housing Act and enable the Force Satellite Control Network and the most notably the computer and electronic Federal Housing Administration to use risk- Global Positioning System (GPS), for accu- products, chemicals, and machinery indus- based pricing to more effectively reach un- rate navigation, position determination, and tries, would benefit significantly if the derserved borrowers, and for other purposes; timing; and United States enacted a free trade agree- to the Committee on Banking, Housing, and Whereas, Colorado is also home to North- ment with Taiwan; and Urban Affairs. ern Command, and the Army Space Battle Whereas, a free trade agreement between H.R. 5852. An act to amend the Homeland Lab, each providing the Department of De- the United States and Taiwan would sub- Security Act of 2002 to enhance emergency fense with leading space technologies and stantially reduce or eliminate most import communications at the Department of homeland security, aiding in the protection quotas, duties, and other trade barriers and Homeland Security, and for other purposes; of America from terrorists; and expand market opportunities for manufac- to the Committee on Homeland Security and Whereas, Colorado is home to world-class tured goods and agricultural products from Governmental Affairs. aerospace companies such as Lockheed Mar- Texas and the entire United States; and tin Space Systems, Ball Aerospace, Northrop The following concurrent resolutions Whereas, the United States has completed Grumman, Boeing, Raytheon, and hundreds or is in the process of negotiating free trade were read, and referred as indicated: of small and mid-sized companies; and agreements with several countries and re- H. Con. Res. 145. Concurrent resolution ex- Whereas, Colorado is home to world-class gions; reasons for pursuing a free trade pressing the sense of Congress in support of institutions of higher learning that continue agreement with Taiwan include its status as a national bike month and in appreciation of to keep Colorado premier among the states the United States’ eighth-largest trading cyclists and others for promoting bicycle with the most high-tech workers per capita partner, its robust economy, and its long- safety and the benefits of cycling; to the and many astronauts, including the first Na- standing educational and cultural ties with Committee on Commerce, Science, and tive American astronaut, and are the recipi- the United States; and Transportation. ents of millions of dollars of federal govern- Whereas, Taiwan was admitted to the H. Con. Res. 235. Concurrent resolution ex- ment space research science and engineering World Trade Organization on January 1, 2001; pressing the sense of the Congress that grants and contracts; and a free trade agreement between the United States should require candidates for driver’s Whereas, Colorado is home to the Space States and Taiwan would extend the cov- licenses to demonstrate an ability to exer- Foundation, where the Aerospace Industry erage of World Trade Organization agree- cise greatly increased caution when driving meets and focuses on 21st century education ments to products, sectors, and conditions of in the proximity of a potentially visually and the economic growth and strength of a trade that are now not adequately covered, impaired individual; to the Committee on broad range of space enterprises; and and it would provide a platform to address Commerce, Science, and Transportation. Whereas, the desire to explore is part of issues such as Taiwan’s 15.2 percent average H. Con. Res. 384. Concurrent resolution rec- America’s character, and history has shown tariff rate on agricultural imports from the ognizing and honoring the 100th anniversary that space exploration benefits all human- United States; and of the founding of the Alpha Phi Alpha Fra- kind through new technologies for everyday Whereas, Public Law 107–210, the Trade Act ternity, Incorporated, the first intercolle- application, new jobs across the entire eco- of 2002, gives the president the authority to giate Greek-letter fraternity established for nomic enterprise, economic contributions enter into trade agreements with foreign African Americans; to the Committee on the through new markets and commercial prod- countries whenever the president determines Judiciary. ucts, education and inspiration, United that one or more existing duties or other im- H. Con. Res. 449. Concurrent resolution States leadership, increased security, and a port restrictions of any foreign country or commemorating the 60th anniversary of the legacy for future generations; and the United States are unduly burdening and historic 1946 season of Major League Baseball Whereas, a Space Exploration Vision has restricting the foreign trade of the United Hall of Fame member Bob Feller and his re- been articulated to affirm the United States’ States; and turn from military service to the United commitment to human space exploration Whereas, President George W. Bush, speak- States; to the Committee on the Judiciary. and to give NASA a new focus and clear ob- ing before the historic signing of the United jectives, including long-term human and States-Australia Free Trade Agreement in f robotic programs to explore the solar system 2004, emphasized that he supports free and ENROLLED BILL PRESENTED and a return to the moon that will ulti- open trade because ‘‘it has the power to cre- mately enable future exploration of Mars ate new wealth for whole nations and new The Secretary of the Senate reported and other destinations; and opportunities for millions of people’’ and that on today, July 26, 2006, she had Whereas, the Space Exploration Vision ‘‘has a record of creating jobs, raising living presented to the President of the began with NASA returning the space shut- standards, and lowering consumer prices’’; United States the following enrolled tle to safe flight, with the chief purpose of Now, therefore, be it bill: completing assembly on the International Resolved, That the Senate of the State of Space Station, in addition to developing a Texas, 79th Legislature, Hereby respectfully S. 310. An act to direct the Secretary of the new crew exploration vehicle to explore be- encourage the president of the United States Interior to convey the Newlans Project yond earth’s orbit to other worlds; and to extend the benefits of free trade by enact- Headquarters and Maintenance Yard Facility Whereas, the Space Exploration Vision has ing a free trade agreement between the to the Truckee-Carson Irrigation District in the potential to drive innovation, develop- United States and Taiwan; and be it further the State of Nevada. ment, and advancement in the aerospace and Resolved, That the secretary of the senate f other high-technology industries across the forward official copies of this Resolution to the president of the United States, to the PETITIONS AND MEMORIALS nation and in the state of Colorado; Now, therefore, be it speaker of the house of representatives and The following petitions and memo- Resolved by the Senate of the Sixty-fifth Gen- the president of the senate of the United rials were laid before the Senate and eral Assembly of the State of Colorado, the States Congress, and to all the members of were referred or ordered to lie on the House of Representatives concurring herein, the Texas delegation to the congress. table as indicated: That the General Assembly of the State of Colorado hereby strongly encourages all POM–414. A Senate Joint Resolution adopt- POM–412. A Senate Joint Memorial adopt- members of the United States Congress to ed by the Colorado General Assembly rel- ed by the Colorado General Assembly rel- support the National Aeronautics and Space ative to the condemnation of the Chinese ative to recognition of NASA’s space explo- Administration’s Space Exploration Vision government’s persecution of practitioners of ration vision; to the Committee on Com- to enable the United States and the State of Falun Gong; to the Committee on Foreign merce, Science, and Transportation. Colorado to remain leaders in the explo- Relations SENATE JOINT MEMORIAL NO. 06–002 ration and development of space; and be it SENATE JOINT RESOLUTION NO. 06–027 Whereas, since its inception in 1958, the further Whereas, Falun Gong is a peaceful spir- National Aeronautics and Space Administra- Resolved, That copies of this Joint Memo- itual movement that originated in the Peo- tion (NASA) has accomplished many great rial be sent to George W. Bush, President of ple’s Republic of China and has grown rap- scientific and technological feats, in addi- the United States; Dick Cheney, Vice Presi- idly worldwide, including thousands of prac- tion to advancing humankind’s knowledge of dent of the United States; the members of titioners in the United States; and the earth and the universe; and Colorado’s Congressional delegation; and the Whereas, Falun Gong encourages its prac- Whereas, Colorado, a leader in the aero- National Aeronautics and Space Administra- titioners to cultivate ‘‘truthfulness, compas- space industry, is home to more than 300 tion Administrator. sion, and forbearance’’; and

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.032 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8268 CONGRESSIONAL RECORD — SENATE July 26, 2006 Whereas, the Constitution of the People’s ple’s Republic of China to the United States; Representatives concurring, That we hereby Republic of China provides to its citizens Bill Owens, Governor of * * * urge the United States Congress to pass the freedom of speech, assembly, association, Meth-Endangered Children Protection Act of and religious belief; and POM–415. A joint resolution adopted by the 2005 to aid the most vulnerable victims of Whereas, Falun Gong practitioners, as well General Assembly of the State of Tennessee this terrible and destructive drug epidemic; as members of pro-democracy groups and ad- relative to the Meth-Endangered Children and be it further vocates of human rights reform, have be- Protection Act of 2005; to the Committee on Resolved, That an enrolled copy of this res- come targets of severe government persecu- Health, Education, Labor, and Pensions. olution be transmitted to the President and tion in China in violation of China’s own SENATE JOINT RESOLUTION NO. 750 the Secretary of the United States Senate, laws; and Whereas, meth trafficking and abuse is on the Speaker and the Clerk of the United Whereas, the 2005 United States Depart- the rise in the United States, and it has in- States House of Representatives, and each ment of State’s annual report on Inter- creased sharply since 2000; according to the member of Tennessee’s Congressional delega- national Religious Freedom cited the Chi- 2003 National Survey on Drug Use and tion. nese government’s persecution of Falun Health, approximately 12.3 million Ameri- POM–416. A joint resolution adopted by the Gong practitioners in China; and cans ages 12 and older reported trying meth General Assembly of the State of Tennessee Whereas, a 2005 press release from the at least once during their lifetimes; and United Nations Special Rapporteur on Tor- Whereas, the Office of National Drug Pol- relative to the reauthorization of the special ture, Manfred Nowak, referred to continuing icy reports that between 2000 and 2003, more provisions of the Voting Rights Act of 1965; ill-treatment and torture of Chinese ethnic than 51,000 illegal meth labs were seized in to the Committee on the Judiciary. minorities, political dissidents, and religious the United States, and the number of clan- SENATE JOINT RESOLUTION NO. 911 groups, including practitioners of Falun destine labs has been rising rapidly; in fact, Whereas, following the Civil War, Congress Gong; and a high number of state and local govern- adopted the Thirteenth Amendment abol- Whereas, Falun Gong practitioners report ments now consider meth the greatest drug ishing slavery, the Fourteenth Amendment first-hand of the Chinese government’s ter- threat in the country; and establishing the citizenship rights of all per- ror campaign, which survivors say includes Whereas, sadly, thousands of children have sons born in the United States and requiring persecution, arrests, imprisonment, torture, become innocent victims of the meth epi- that no one be denied due process or equal and murder; and demic; approximately 10,600 children in the protection of the laws, and the Fifteenth Whereas, recent reports from Chinese jour- United States were affected by meth lab sei- Amendment securing the right to vote for all nalists describe a hospital in Sujiatun, a sub- zures and incidents between 2000 and 2003; citizens, regardless of a person’s race, color, urb of Shenyeng in northeast China, that these children were either present at lab sei- or former condition of servitude; and serves as a concentration camp for 6,000 zures or lived where the labs were seized, Whereas, despite the enactment of these Falun Gong practitioners and in which the often in extremely filthy and neglectful con- significant constitutional commands, for medical staff performs experiments on de- ditions; and nearly 100 years, states and local jurisdic- tainees, including harvesting organs to be Whereas, another 2,900 children were re- tions passed laws and instituted practices de- sold; and moved from their homes during the same pe- signed to circumvent the Civil War amend- Whereas, in addition to persecution in riod because of neglect or abuse by meth-ad- ments; many states erected barriers to ac- China, Falun Gong followers in the United dicted parents; incidents related to meth cess to the polls, including infamous poll States report that they have been victims of labs also accounted for injuries to 96 children taxes and literacy or good character tests; spying, harassment, intimidation, and vio- and the deaths of eight others; in Tennessee African-Americans, Latinos, and other mi- lence by agents of the Chinese government; alone, law enforcement seized nearly 1,200 norities and those who advocated on their and labs between 2003 and 2004, representing a 397 behalf often were subjected to severe vio- Whereas, the United States Constitution percent increase from 2000; Tennessee ac- lence and intimidation or, in some cases, guarantees to its citizens freedom of reli- counts for 75 percent of the meth lab seizures death if they attempted to register to vote gion, association, and speech, which allows in the Southeast, and more than 700 children or cast a ballot; and Americans to live without fear and in ac- in Tennessee are placed in protective cus- Whereas, confronted with aggressive and cordance with their personal beliefs; now, tody each year as a result of meth lab sei- relentless defiance of the Constitution, Con- therefore, be it zures; and gress enacted the Voting Rights Act of 1965 Resolved by the Senate of the Sixty-fifth Gen- Whereas, children exposed to meth because in order to ensure that the rights guaranteed eral Assembly of the State of Colorado, the of a lab in the home often need specialized by the Fourteenth and Fifteenth Amend- House of Representatives concurring herein, (1) services to overcome the effects of their ex- ments were enforced; and That we, the members of the Sixty-fifth Gen- posure; children removed from homes where Whereas, the Voting Rights Act of 1965 is widely viewed as one of the most successful eral Assembly, strongly urge the government meth is manufactured can suffer from in- civil rights statutes ever enacted; it bans lit- of the People’s Republic of China to: (a) End creased heart rate, agitation, irritability and eracy tests and other discriminatory devices, immediately the harassment, detention, vomiting, muscle breakdown, fever, ataxia, outlaws discriminatory practices and proce- physical abuse, and imprisonment of its own and seizures; they can also suffer physical, dures during the voting process, authorizes citizens who exercise their legitimate rights medical, education neglect, and learning dis- the appointment of federal election monitors to freedom of religion, speech, and associa- abilities; and tion; and (b) Cease its interference in the Whereas, many of the children rescued and observers, and creates various means for constitutionally guaranteed religious and from these environments need specialized protecting and enforcing the rights of Amer- ican citizens, including racial and language political freedoms of United States citizens medical attention, psychological care, and minorities, to vote; and who practice Falun Gong; and (2) That, in other services; unfortunately, few states order to encourage China to respect the reli- Whereas, although the struggle to ensure have the funds to provide these services or to fairness in the electoral process continues, gious freedom of its citizens, we urge the provide social workers and other profes- government of the United States to: (a) as a result of the Voting Rights Act, racial sionals with the specialized training and re- and language minorities have enjoyed en- Issue, an official, public, diplomatic state- sources necessary to render appropriate care ment to the Chinese Foreign Ministry con- hanced opportunities to participate in the to children and ensure that subsequent electoral process, cast votes, and elect their demning China’s repeated violations of basic placements in foster or adoptive homes are human rights protected in international cov- candidates of choice; and successful; and Whereas, in 2007, certain ‘‘special provi- enants to which the People’s Republic of Whereas, the Meth-Endangered Children sions’’ of the Voting Rights Act that were China is a signatory; (b) Work with Chinese Protection Act would establish a $10 million enacted to address discriminatory voting human rights activists, including practi- annual competitive grant program to sup- practices and the present effects of those tioners of Falun Gong, to identify any Chi- port model efforts such as California’s DEC practices could expire if not renewed by Con- nese authorities who have been responsible program and to assist states in establishing gress; and for acts of violence and persecution against similar programs; grantees would be required Whereas, these provisions include: Falun Gong followers in the United States; to provide matching dollars for federal funds Section 2: This provision equips voters and (c) Investigate any illegal acts com- awarded under this grant; and with the means to challenge election laws mitted by Chinese consular officials and Whereas, thousands of children have be- that result in a denial or abridgement of vot- agents in the United States and determine come victims of the rising meth epidemic; ing rights on account of race, color, or lan- an appropriate legal response; and be it fur- through no fault of their own, these children, guage minority status; ther suffering at the hands of their meth-addicted Section 4: The coverage provision, which Resolved, That copies of this Joint Resolu- parents, urgently need medical attention, determines which states and jurisdictions tion be sent to George W. Bush, President of psychological care, and social services; the must seek Section 5 pre-clearance; the cov- the United States; Richard Cheney, Vice Meth-Endangered Children Protection Act is erage formula reaches states and jurisdic- President of the United States; Condoleezza of vital importance in ensuring that our na- tions with some of the most active histories Rice, Secretary of State; Bill Frist, Senate tion’s children recover from the ravages of of discrimination; Majority Leader; Dennis Hastert, Speaker of meth abuse; now, therefore, be it Section 5: The federal pre-clearance of vot- the House of Representatives; His Excellency Resolved by the Senate of the 104th General ing changes provisions, which requires cov- Zhou Wenzhong, the Ambasador of the Peo- Assembly of the State of Tennessee, the House of ered jurisdictions to prove that voting

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.082 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8269 changes are not discriminatory before they and is subject annually to the whim and INTRODUCTION OF BILLS AND may legally take effect; competing priorities of congress, to the det- JOINT RESOLUTIONS Sections 6–9: The Federal Examiner/Ob- riment of the veterans being served; and server provisions, which set forth criteria for Whereas, the Vietnam Veterans of America The following bills and joint resolu- election monitoring by the Department of organization supports the adoption of a new tions were introduced, read the first Justice; and funding mechanism for the health care pro- and second times by unanimous con- Section 203: The bilingual voting materials grams of the Veterans Health Administra- sent, and referred as indicated: tion that is indexed to medical inflation and provisions, which mandate that certain vot- By Mr. SPECTER: the per capita use of the administration’s ing materials must be translated for lan- S. 3731. A bill to regulate the judicial use health care system; and guage minorities in certain jurisdictions; of presidential signing statements in the in- and Whereas, the substantial delay in adjudi- cating veterans’ claims for service-connected terpretation of Acts of Congress; to the Com- Whereas, by 2007, Congress will vote on mittee on the Judiciary. whether to extend these ‘‘special provisions’’ disability compensation is the cause of much anguish and anger among veterans and is the By Mr. PRYOR: of the Voting Rights Act; the effects of the S. 3732. A bill to suspend temporarily the result of a lack of funding of the Veterans long history of voting discrimination persist; duty on certain liquid crystal divide (LCD) Benefits Administration of the Department the ‘‘special provisions’’ of the Voting Rights flat panel displays; to the Committee on Fi- of Veterans Affairs, which has led to an in- Act continue to be extremely important nance. sufficient number of adjudicators and the in- tools for protecting minority voting; during By Mr. PRYOR: adequate training and supervision of adju- the reauthorization process, Congress will S. 3733. A bill to suspend temporarily the dicators; and compile a record that sets forth the con- duty on certain plasma flat panel displays; tinuing effects of the nation’s widespread Whereas, while the vast majority of De- partment of Veterans Affairs employees are to the Committee on Finance. voting discrimination; and By Mr. HATCH (for himself and Mr. Whereas, voting is the cornerstone of dedicated to serving veterans, it is necessary to ensure that employee accountability SESSIONS): American democracy and, during the reau- S. 3734. A bill to amend title 28, United thorization process, Congress and individuals standards be strengthened at senior and jun- ior levels; and States Code, to allow a judge to whom a case and organizations concerned with maintain- is transferred to retain jurisdiction over cer- ing the protections afforded by the Voting Whereas, while more than five million vet- erans use the Veterans Health Administra- tain multidistrict litigation cases for trial, Rights Act of 1965 will have an opportunity and for other purposes; to the Committee on to present the evidence necessary to support tion of the Department of Veterans Affairs for their health care needs, tens of thousands the Judiciary. renewal of the ‘‘special provisions’’ of the By Mr. BAUCUS: Voting Rights Act of 1965; in the meantime, more are eligible for benefits of which they are unaware due, to inadequate outreach ef- S. 3735. A bill to suspend temporarily the all eligible voters should register, confirm duty on vulcanized rubber felt bottom boots their registration status, and exercise the forts by the department: Now, therefore be it Resolved, That the Senate of the State of for use in waders; to the Committee on Fi- right to vote so that the long struggle to ex- nance. pand the franchise yields meaningful results: Texas, 79th Legislature, 3rd Called Session, hereby respectfully urge the Congress of the By Mr. BAUCUS: Now, therefore, be it S. 3736. A bill to suspend temporarily the Resolved by the Senate of the 104th General United States to address problems in the De- partment of Veterans Affairs related to the duty on vulcanized rubber lug bottom boots Assembly of the State of Tennessee, the House of for use in fishing waders; to the Committee Representatives concurring, That we hereby provision of health care and benefits, the ad- judication of claims, accountability, and on Finance. urge Congress to reauthorize the ‘‘special By Mr. LIEBERMAN (for himself, Mr. provisions’’ of the Voting Rights Act of 1965; outreach and to enact legislation that cre- WARNER, Mr. BIDEN, Mr. REED, Mr. and be it further ates an appropriation formula that ensures MENENDEZ, Mr. DODD, and Mr. Resolved, That the General Assembly of the predictable and adequate funding of the health care programs of the Veterans Health CHAFEE): State of Tennessee will collaborate with all S. 3737. A bill to amend the National Trails organizations dedicated to ensuring the re- Administration; and be it further Resolved, That the secretary of the senate System Act to designate the Washington-Ro- authorization of the Voting Rights Act of forward official copies of this Resolution to chambeau Route National Historic Trail; to 1965; and be it further the secretary of veterans affairs, the presi- the Committee on Energy and Natural Re- Resolved, That an enrolled copy of this res- dent of the United States, the president of sources. olution be transmitted to the Speaker and the senate and speaker of the house of rep- By Mr. BAUCUS (for himself and Mr. the Clerk of the U.S. House of Representa- resentatives of the United States Congress, MENENDEZ): tives, the President and the Secretary of the and all members of the Texas delegation to S. 3738. A bill to amend the Internal Rev- U.S. Senate, and each member of the Ten- the congress with the request that this Reso- enue Code of 1986 to provide an additional nessee Congressional Delegation. lution be officially entered in the Congres- standard deduction for real property taxes sional Record as a memorial to the Congress for nonitemizers; to the Committee on Fi- POM–417. A resolution adopted by the Sen- of the United States of America. nance. ate of the Legislature of the State of Texas By Mr. COLEMAN (for himself, Mr. relative to memorializing the Congress of POM–418. A resolution adopted by the Cook REED, Mr. KOHL, and Mr. MARTINEZ): the United States to address problems in the County Board of Commissioners of the State S. 3739. A bill to establish a Consortium on Department of Veterans Affairs concerning of Illinois relative to extending or making the Impact of Technology in Aging Health the provision of health care and benefits, the permanent all sections of the Voting Right Services; to the Committee on Health, Edu- adjudication of claims, accountability, and Act of 1965; to the Committee on the Judici- cation, Labor, and Pensions. outreach and to enact legislation that cre- ary. By Mr. FEINGOLD: ates an appropriation formula that ensures f S. 3740. A bill to amend the Internal Rev- predictable and adequate funding for the enue Code of 1986 to reform the system of health care programs of the Veterans Health REPORTS OF COMMITTEES public financing for Presidential elections, Administration; to the Committee on Vet- and for other purposes; to the Committee on erans’ Affairs. The following reports of committees were submitted: Finance. SENATE RESOLUTION NO. 9 By Mr. LUGAR (for himself, Mr. BIDEN, By Mr. BOND, from the Committee on Ap- Whereas, military veterans who have Ms. STABENOW, and Mr. LEAHY): propriations, with an amendment in the na- served their country honorably and who were S. 3741. A bill to provide funding authority ture of a substitute: promised and have earned health care and H.R. 5576. A bill making appropriations for to facilitate the evacuation of persons from benefits from the federal government the Departments of Transportation, Treas- Lebanon, and for other purposes; considered through the Department of Veterans Affairs ury, and Housing and Urban Development, and passed. are now in need of these benefit; and the Judiciary, District of Columbia, and By Mr. LOTT (for himself, Mr. CONRAD, Whereas, the funding of the health care independent agencies for the fiscal year end- Mr. SMITH, Mr. CRAPO, Mr. INOUYE, programs of the Veterans Health Adminis- ing September 30, 2007, and for other pur- Mr. HAGEL, Mr. NELSON of Nebraska, tration of the Department of Veterans Af- poses (Rept. No. 109–293). Mr. ISAKSON, and Mr. GRAHAM): fairs has failed to reflect the admission of By Mr. MCCAIN, from the Committee on S. 3742. A bill to amend the Internal Rev- newly eligible veterans in the wake of the Indian Affairs, without amendment: enue Code of 1986 to provide incentives to en- Veterans’ Health Care Eligibility Reform S. 3526. A bill to amend the Indian Land courage investment in the expansion of Act of 1996 and has fallen short of the Consolidation Act to modify certain require- freight rail infrastructure capacity and to amount needed to counter soaring medical ments under that Act (Rept. No. 109–294). enhance modal tax equity; to the Committee care inflation, resulting in a funding short- By Mr. SPECTER, from the Committee on on Finance. fall of at least $10 billion; and the Judiciary: By Mrs. CLINTON (for herself and Mr. Whereas, the current discretionary method Report to accompany S. 2703, a bill to ALLEN): of funding the health care programs of the amend the Voting Rights Act of 1965 (Rept. S. 3743. A bill to amend the Public Health Veterans Health Administration is uncertain No. 109–295). Service Act to improve newborn screening

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.085 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8270 CONGRESSIONAL RECORD — SENATE July 26, 2006 activities, and for other purposes; to the of S. 1537, a bill to amend title 38, REID) was added as a cosponsor of S. Committee on Health, Education, Labor, and United States Code, to provide for the 2590, a bill to require full disclosure of Pensions. establishment of Parkinson’s Disease all entities and organizations receiving By Mr. DURBIN (for himself and Mr. Research Education and Clinical Cen- Federal funds. COLEMAN): ters in the Veterans Health Adminis- S. 3744. A bill to establish the Abraham S. 2824 tration of the Department of Veterans Lincoln Study Abroad Program; to the Com- At the request of Mr. DEMINT, the mittee on Foreign Relations. Affairs and Multiple Sclerosis Centers of Excellence. name of the Senator from Kansas (Mr. f S. 1621 BROWNBACK) was added as a cosponsor ADDITIONAL COSPONSORS At the request of Ms. COLLINS, the of S. 2824, a bill to reduce the burdens name of the Senator from Minnesota of the implementation of section 404 of S. 78 the Sarbanes-Oxley Act of 2002. At the request of Mrs. HUTCHISON, the (Mr. COLEMAN) was added as a cospon- name of the Senator from Louisiana sor of S. 1621, a bill to amend the Inter- S. 3499 (Mr. VITTER) was added as a cosponsor nal Revenue Code of 1986 to increase At the request of Mr. KYL, the name of S. 78, a bill to make permanent mar- the above-the-line deduction for teach- of the Senator from Arizona (Mr. riage penalty relief. er classroom supplies and to expand MCCAIN) was added as a cosponsor of S. such deduction to include qualified S. 351 3499, a bill to amend title 18, United professional development expenses. At the request of Mr. KENNEDY, the States Code, to protect youth from ex- S. 1915 name of the Senator from New Jersey ploitation by adults using the Internet, At the request of Mr. ENSIGN, the and for other purposes. (Mr. MENENDEZ) was added as a cospon- name of the Senator from Maine (Ms. sor of S. 351, a bill to amend title XVIII S. 3512 COLLINS) was added as a cosponsor of S. of the Social Security Act to provide 1915, a bill to amend the Horse Protec- At the request of Mr. SMITH, the for patient protection by limiting the tion Act to prohibit the shipping, name of the Senator from Colorado number of mandatory overtime hours a transporting, moving, delivering, re- (Mr. SALAZAR) was added as a cospon- nurse may be required to work in cer- ceiving, possessing, purchasing, selling, sor of S. 3512, a bill to amend the Inter- tain providers of services to which pay- or donation of horses and other equines nal Revenue Code of 1986 to allow an ments are made under the Medicare to be slaughtered for human consump- offset against income tax refunds to Program. tion, and for other purposes. pay for State judicial debts that are S. 709 S. 2284 past due. At the request of Mr. DEWINE, the At the request of Ms. MIKULSKI, the S. 3535 name of the Senator from Indiana (Mr. name of the Senator from Wisconsin At the request of Mrs. HUTCHISON, her BAYH) was added as a cosponsor of S. (Mr. FEINGOLD) was added as a cospon- name was added as a cosponsor of S. 709, a bill to amend the Public Health sor of S. 2284, a bill to extend the ter- 3535, a bill to modernize and update the Service Act to establish a grant pro- mination date for the exemption of re- gram to provide supportive services in turning workers from the numerical National Housing Act and to enable the permanent supportive housing for limitations for temporary workers. Federal Housing Administration to use risk based pricing to more effectively chronically homeless individuals, and S. 2305 reach underserved borrowers, and for for other purposes. At the request of Mr. AKAKA, the other purposes. S. 1035 name of the Senator from New York At the request of Mr. INHOFE, the (Mr. SCHUMER) was added as a cospon- S. 3647 name of the Senator from Nevada (Mr. sor of S. 2305, a bill to amend title XIX At the request of Mr. DORGAN, the REID) was added as a cosponsor of S. of the Social Security Act to repeal the name of the Senator from Rhode Island 1035, a bill to authorize the presen- amendments made by the Deficit Re- (Mr. REED) was added as a cosponsor of tation of commemorative medals on duction Act of 2005 requiring docu- S. 3647, a bill to amend title XVIII of behalf of Congress to Native Americans mentation evidencing citizenship or the Social Security Act to waive the who served as Code Talkers during for- nationality as a condition for receipt of monthly beneficiary premium under a eign conflicts in which the United medical assistance under the Medicaid prescription drug plan or an MA-PD States was involved during the 20th program. plan during months in which an indi- century in recognition of the service of S. 2393 vidual enrolled in such a plan has a gap those Native Americans to the United At the request of Mr. COLEMAN, the in prescription drug coverage. name of the Senator from Maryland States. S. 3656 S. 1112 (Ms. MIKULSKI) was added as a cospon- sor of S. 2393, a bill to amend the Pub- At the request of Mrs. FEINSTEIN, the At the request of Mr. GRASSLEY, the name of the Senator from Massachu- name of the Senator from Arizona (Mr. lic Health Service Act to advance med- ical research and treatments into pedi- setts (Mr. KERRY) was added as a co- KYL) was added as a cosponsor of S. atric cancers, ensure patients and fam- sponsor of S. 3656, a bill to provide ad- 1112, a bill to make permanent the en- ilies have access to the current treat- ditional assistance to combat HIV/ hanced educational savings provisions ments and information regarding pedi- AIDS among young people, and for for qualified tuition programs enacted atric cancers, establish a population- other purposes. as part of the Economic Growth and based national childhood cancer data- Tax Relief Reconciliation Act of 2001. S. 3680 base, and promote public awareness of S. 1376 At the request of Mr. KERRY, the pediatric cancers. name of the Senator from Connecticut At the request of Mr. COCHRAN, the S. 2435 name of the Senator from New Mexico (Mr. LIEBERMAN) was added as a co- At the request of Mr. LUGAR, the sponsor of S. 3680, a bill to amend the (Mr. BINGAMAN) was added as a cospon- names of the Senator from West Vir- sor of S. 1376, a bill to improve and ex- Small Business Investment Act of 1958 ginia (Mr. ROCKEFELLER) and the Sen- to reauthorize and expand the New pand geographic literacy among kin- ator from Illinois (Mr. OBAMA) were dergarten through grade 12 students in Markets Venture Capital Program, and added as cosponsors of S. 2435, a bill to for other purposes. the United States by improving profes- increase cooperation on energy issues sional development programs for kin- between the United States Government S. 3694 dergarten through grade 12 teachers of- and foreign governments and entities At the request of Mr. OBAMA, the fered through institutions of higher in order to secure the strategic and names of the Senator from Washington education. economic interests of the United (Ms. CANTWELL) and the Senator from S. 1537 States, and for other purposes. New York (Mr. SCHUMER) were added as At the request of Mr. AKAKA, the S. 2590 cosponsors of S. 3694, a bill to increase name of the Senator from California At the request of Mr. COBURN, the fuel economy standards for auto- (Mrs. BOXER) was added as a cosponsor name of the Senator from Nevada (Mr. mobiles, and for other purposes.

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.038 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8271 S. 3706 in the interpretation of Acts of Con- our Framers to protect citizens from a At the request of Mr. MARTINEZ, the gress; to the Committee on the Judici- particular Congress that might enact name of the Senator from North Caro- ary. oppressive legislation. However, the lina (Mrs. DOLE) was added as a cospon- Mr. SPECTER. Mr. President, I seek Framers did not want the veto power sor of S. 3706, a bill to amend the Inter- recognition today to introduce the to be unchecked, and so, in article I, nal Revenue Code of 1986 to treat Presidential Signing Statements Act of section 7, they balanced it by allowing spaceports like airports under the ex- 2006. This bill achieves three important Congress to override a veto by two- empt facility bond rules. goals. thirds vote. S. 3724 First, it prevents the President from As you can see, this is a finely struc- tured constitutional procedure that At the request of Mr. ROCKEFELLER, issuing a signing statement that alters goes straight to the heart of our sys- the name of the Senator from Montana the meaning of a statute by instructing tem of check and balances. Any action (Mr. BAUCUS) was added as a cosponsor Federal and State courts not to rely on by the President that circumvents this of S. 3724, a bill to enhance scientific Presidential signing statements in in- finely structured procedure is an un- research and competitiveness through terpreting a statute. constitutional attempt to usurp legis- the Experimental Program to Stimu- Second, it permits the Congress to lative authority. If the President is late Competitive Research, and for seek what amounts to a declaratory permitted to rewrite the bills that Con- other purposes. judgment on the legality of Presi- dential signing statements that seek to gress passes and cherry pick which pro- S. RES. 312 modify—or even to nullify—a duly en- visions he likes and does not like, he At the request of Mr. LUGAR, the acted statute. subverts the constitutional process de- name of the Senator from West Vir- Third, it grants Congress the power signed by our Framers. ginia (Mr. ROCKEFELLER) was added as to intervene in any case in the Su- The Supreme Court has affirmed that a cosponsor of S. Res. 312, a resolution preme Court where the construction or the constitutional process for enacting expressing the sense of the Senate re- constitutionality of any act of Con- legislation must be safe guarded. As garding the need for the United States gress is in question and a presidential the Supreme Court explained in INS v. to address global climate change signing statement for that act was Chahda, ‘‘It emerges clearly that the through the negotiation of fair and ef- issued. prescription for legislative action in fective international commitments. Presidential signing statements are Article I, Section 1, clause 7 represents S. RES. 407 nothing new. Since the days of Presi- the Framers’ decision that the legisla- At the request of Mr. MENENDEZ, the dent James Monroe, Presidents have tive power of the Federal government name of the Senator from Delaware issued statements when signing bills. It be exercised in accord with a single, (Mr. BIDEN) was added as a cosponsor of is widely agreed that there are legiti- finely wrought and exhaustively con- S. Res. 407, a resolution recognizing the mate uses for signing statements. For sidered, procedure.’’ African American Spiritual as a na- example, Presidents may use signing So, while signing statements have tional treasure. statements to instruct executive been commonplace since our country’s founding, we must make sure that they S. RES. 494 branch officials how to administer a are not being used in an unconstitu- At the request of Mr. SANTORUM, the law. They may also use them to ex- plain to the public the likely effect of tional manner; a manner that seeks to name of the Senator from Georgia (Mr. rewrite legislation, and exercise line CHAMBLISS) was added as a cosponsor of a law. And, there may be a host of other legitimate uses. item vetoes. S. Res. 494, a resolution expressing the President Bush has used signing However, the use of signing state- sense of the Senate regarding the cre- statements in ways that have raised ments has risen dramatically in recent ation of refugee populations in the some eyebrows. For example, Congress years. As of June 26, 2006, President Middle East, North Africa, and the Per- passed the PATRIOT Act after months Bush had issued 130 signing state- sian Gulf region as a result of human of deliberation. We debated nearly ments. President Clinton issued 105 rights violations. every provision—often redrafting and signing statements during his two S. RES. 540 revising. Moreover, we worked very terms. While the mere numbers may At the request of Mr. DEMINT, the closely with the President because we not be significant, the reality is that names of the Senator from Kansas (Mr. wanted to get it right. We wanted to the way the President has used those BROWNBACK) and the Senator from Ala- make sure that we were passing legis- statements renders the legislative bama (Mr. SESSIONS) were added as co- lation that the executive branch would sponsors of S. Res. 540, a resolution en- process a virtual nullity. find workable. In fact, in many ways, The President cannot use a signing couraging all 50 States to recognize the process was an excellent example statement to rewrite the words of a and accommodate the release of public of the legislative branch and the execu- statute nor can the President use a school pupils from school attendance tive branch working together towards signing statement to selectively nul- to attend off-campus religious classes a common goal. lify those provisions he does not like. at their churches, synagogues, houses In the end, the bill that was passed This much is clear from our Constitu- of worship, and faith-based organiza- by the Senate and the House contained tion. The Constitution grants the tions. several oversight provisions intended President a specific, narrowly defined AMENDMENT NO. 4690 to make sure the FBI did not abuse the role in enacting legislation. Article I, special terrorism-related powers to At the request of Mr. NELSON of Flor- section 1 of the Constitution vests ‘‘all ida, the name of the Senator from Cali- search homes and secretly seize papers. legislative powers . . . in a Congress.’’ It also required Justice Department of- fornia (Mrs. BOXER) was added as a co- Article I, section 7 of the Constitution ficials to keep closer track of how sponsor of amendment No. 4690 in- provides that when a bill is presented often the FBI uses the new powers and tended to be proposed to S. 3711, a bill to the President, he may either sign it in what type of situations. to enhance the energy independence or veto it with his objections. He may The President signed the PATRIOT and security of the United States by also choose to do nothing, thus ren- Act into law, but afterwards, he wrote providing for exploration, develop- dering a so-called pocket veto. The a signing statement that said he could ment, and production activities for President cannot veto part of bill, how- withhold any information from Con- mineral resources in the Gulf of Mex- ever; he cannot veto certain provisions gress provided in the oversight provi- ico, and for other purposes. he does not like. sions if he decided that disclosure f The Founders had good reason for would impair foreign relations, na- constructing the legislative process as tional security, the deliberative proc- STATEMENTS ON INTRODUCED it is: by creating a bicameral legisla- ess of the executive, or the perform- BILLS AND JOINT RESOLUTIONS ture and then granting the President ance of the executive’s constitutional By Mr. SPECTER: the veto power. According to The duties. S. 3731. A bill to regulate the judicial Records of the Constitutional Conven- Now, during the entire process of use of presidential signing statements tion, the veto power was designed by working with the President to draft

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.051 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8272 CONGRESSIONAL RECORD — SENATE July 26, 2006 the PATRIOT Act, he never asked the It is well within Congress’s power to Mr. HATCH. Mr. President, I rise Congress to include this language in resolve judicial disputes such as this by today to introduce the Multidistrict the Act. At a hearing we held on sign- enacting rules of statutory interpreta- Litigation Restoration Act of 2006. ing statements, I asked an executive tion. This power flows from article I, The word ‘‘Lexecon’’ is well known in branch official, Michelle Boardman section 8, clause 18 of the Constitution, the Federal judiciary. It refers to the from the Office of Legal Counsel, why which gives Congress the power ‘‘To 1998 Supreme Court decision holding the President did not ask the Congress make all laws which shall be necessary that statutory authority does not exist to put the signing statement language and proper for carrying into execution for transferee courts handling cases into the bill. She simply didn’t have an the foregoing powers, and all other centralized by the Multidistrict Litiga- answer. I asked her to get back to me powers vested by this Constitution in tion Panel, or the MDL Panel, to re- with the answer and I still have not the government of the United States, tain these cases for trial. For approxi- gotten a response. or in any department or officer there- mately 30 years, courts receiving cases Take another example, the McCain of.’’ Rules of statutory interpretation for pretrial proceedings from the MDL amendment. In that legislation, Con- are necessary and proper to execute the Panel invoked the general venue stat- gress voted by an overwhelming mar- legislative power. Moreover, any legis- ute to transfer cases to themselves for gin—90 to 9—to ban all U.S. personnel lation that sets out rules for inter- trial. The process worked well because from inflicting cruel, inhuman or de- preting an act makes legislation more the court that had handled the pretrial grading treatment on any prisoner held clear and precise which is exactly what phase was well-versed in the case’s anywhere by the United States. Presi- we aim to achieve here in Congress. facts and was in the best position to dent Bush, who had threatened to veto Congress can and should exercise this encourage all parties to reach a settle- the legislation, instead invited its power over the interpretation of Fed- ment, or—barring settlement—make a prime sponsor, Senator JOHN MCCAIN, eral statutes in a systematic and com- final determination by adjudicating to the White House for a public rec- the dispute. But with the Lexecon deci- onciliation and declared they had a prehensive manner. Second, this bill permits the Con- sion that practice ended, and ever since common objective: to make it clear to we have been left with a multidistrict, the world that this government does gress to seek a declaratory judgment multiparty, multiforum system that is not torture and that we adhere to the on the legality of Presidential signing costly, time-consuming, repetitive, in- international convention of torture. statements that seek to modify—or Now from that, you might conclude even to nullify—a duly enacted statute. efficient, and often inconsistent. As many of my colleagues know, the that by signing the McCain amendment Again, this simply ensures that signing MDL Panel is an entity comprising into law, the Bush administration has statements are not used in an uncon- seven judges, authorized to transfer fully committed to not using torture. stitutional manner. civil actions pending in more than one But you would be wrong. After the pub- Third, it grants Congress the power district and involving one or more lic ceremony of signing the bill into to intervene in any case in the Su- common questions of fact to any dis- law, the President issued a signing preme Court where the construction or trict court for coordinated pretrial pro- statement saying his administration constitutionality of any act of Con- would interpret the new law ‘‘in a man- gress is in question and a Presidential ceedings. The MDL Panel authorizes ner consistent with the constitutional signing statement for that act was the transfer upon determining that it authority of the President to supervise issued. That way, if the court is trying will be for the convenience of the par- the unitary executive branch and as to determine the meaning or the con- ties and witnesses, and promote the Commander in Chief and consistent stitutionality of an act, the Congress just and efficient conduct of such ac- with the constitutional limitations on gets a voice in the debate. tions. Congress established this cen- the judicial power.’’ This vague lan- Take for example United States v. tralization mechanism in 1968 to avoid guage may mean that—despite the Lopez. In that case, the Supreme Court duplication of discovery, prevent in- McCain amendment—the administra- struck down the Gun-Free School consistent rulings, and conserve the re- tion may still be preserving a right to Zones Act as beyond Congress’s power sources of the parties, their counsel, inflict torture on prisoners and to to regulate commerce. Chief Justice and the judiciary. evade the International Convention Rehnquist relied, in part, on President Typically, cases centralized by the Against Torture. George Bush’s signing statement to MDL Panel are numerous and complex. The constitutional structure of en- support the Court’s conclusion that the About 150,000 cases with millions of acting legislation must be safeguarded. plain language of the statute does not claims have been resolved through the That is why I am here today to intro- suggest that it affects interstate com- process since its creation. They have duce the Presidential Signing State- merce. Now, I do not see, in a case like included such matters as mass torts, ments Act of 2006. This bill does not this, why Congress should not get to antitrust price fixing, securities fraud, seek to limit the President’s power— explain its side. This bill would allow and unfair employment practices. The and this bill does not seek to expand Congress to intervene and present evi- transferee judge becomes highly Congress’s power. Rather, this bill sim- dence as to the meaning of an act in knowledgeable about the litigation ply seeks to safeguard our constitu- question. during his or her consideration of volu- tion. This bill does not seek to limit the minous pretrial proceedings. When all First, the bill instructs courts not to President’s power and it does not seek of the cases are remanded to the var- rely on Presidential signing statements to expand Congress’s power. It simply ious transferor courts following com- in construing an act. This will provide seeks to put measures in place that pletion of pretrial proceedings, those courts with much-needed guidance on will safeguard the constitutional struc- courts know little or nothing about the how legislation should be interpreted. ture of enacting legislation. In pre- litigation. Even when all the parties The Supreme Court’s reliance on Presi- serving this structure, this bill rein- agree to keep the matter that has been dential signing statements has been forces our system of checks and bal- transferred in the court it was trans- sporadic and unpredictable. In some ances and separation of powers set out ferred to, it cannot be done under the cases—such as United States v. Lopez, in our Constitution and I urge my col- current law. In some instances, judges where the Court struck down the Gun- leagues to support it. have followed cases to courts outside Free School Zones Act—the Supreme their judicial circuit to conduct trial, Court has relied on Presidential sign- By Mr. HATCH (for himself and at considerable inconvenience and ex- ing statements as a source of author- Mr. SESSIONS): pense, in order to spare other judges ity, while in other cases, such as the S. 3734. A bill to amend title 28, from the nightmare of having such recent military tribunals case, Hamdan United States Code, to allow a judge to mammoth cases so suddenly thrust v. Rumsfeld, it has conspicuously de- whom a case is transferred to retain ju- upon them. clined to do so. This inconsistency has risdiction over certain multidistrict Let me give you an example of what the unfortunate effect of rendering the litigation cases for trial, and for other this means in real terms. In my own interpretation of Federal law unpre- purposes; to the Committee on the Ju- State of Utah, there have been nearly dictable. diciary. 1,000 cases that have been transferred

VerDate Aug 31 2005 03:51 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.055 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8273 either in or out of Utah’s judicial dis- trial.... I hope that this problem will for the conduct of its business not incon- trict by the MDL Panel since 1968. In be fixed by Congress soon.’’ sistent with the United States Constitution, fiscal year 2005, there were nearly 50 Mr. President, I share that hope. I Acts of Congress, and the Federal Rules of Civil Procedure; and cases transferred out of Utah through urge all of my colleagues to support (9) in civil actions in which punitive dam- the MDL process. That is 50 cases that the Multidistrict Litigation Restora- ages are to be imposed, individual courts, in- could be dumped back onto our judges tion Act of 2006 and I ask unanimous cluding transferee courts, must ensure that in Utah without any warning or prepa- consent that the text of the bill be the measure of punishment is both reason- ration. At the same time, there were printed in the RECORD. able and proportionate to the amount of six MDL cases pending in Utah at the There being no objection, the text of harm to plaintiffs and to the amount of com- end of 2005. Under the post-Lexecon the bill was ordered to be printed in pensatory damages received. (b) PURPOSE.—The purpose of this Act is to system, one or more of our judges the RECORD, as follows: improve the litigation system in the Nation could be required to follow these cases S. 3734 to allow a Federal judge to whom a civil ac- to other districts throughout the Be it enacted by the Senate and House of Rep- tion is transferred under section 1407 of title United States for trial. Both of these resentatives of the United States of America in 28, United States Code, to retain jurisdiction scenarios would prove to be a serious Congress assembled, over certain civil actions for trial to deter- mine liability and compensatory and puni- burden for a small judicial district like SECTION 1. SHORT TITLE. tive damages, if appropriate, in compliance Utah, and could hamper or delay jus- This Act may be cited as the ‘‘Multidis- trict Litigation Restoration Act of 2005’’. with due process requirements. tice for the people of my State. This is SEC. 3. MULTIDISTRICT LITIGATION. SEC. 2. FINDINGS AND PURPOSES. the same challenge our courts face na- Section 1407 of title 28, United States Code, (a) FINDINGS.—Congress finds that— tionwide as a result of the Lexecon de- is amended— (1) under section 1407 of title 28, United cision. (1) in the third sentence of subsection (a), States Code (enacted April 29, 1968), the Judi- by inserting ‘‘or ordered transferred to the Congress is the only entity that can cial Panel on Multidistrict Litigation (in solve these problems. Writing for the transferee or other district under subsection this section referred to as the ‘‘Judicial (i)’’ after ‘‘terminated’’; and Court in Lexecon, Justice Souter stat- Panel’’), a group of 7 Federal judges selected (2) by adding at the end the following: ed that ‘‘the proper venue for resolving by the Chief Justice of the United States, as- ‘‘(i)(I) Subject to paragraph (2) and except the issue remains the floor of Con- sists in the centralization of civil actions as provided in subsection (j), any action gress.’’ That is why I am introducing which share common questions of fact filed transferred under this section by the panel the Multidistrict Litigation Restora- in more than 1 Federal judicial district na- may be transferred for trial purposes, by the tion Act of 2006 today, to give the Fed- tionwide; judge or judges of the transferee district to (2) civil actions described under paragraph whom the action was assigned, to the trans- eral judiciary the necessary statutory (1)— feree or other district in the interest of jus- authority to transfer multidistrict liti- (A) often arise from mass single-action tice and for the convenience of the parties gation cases for the purposes of trial. torts that cause death and destruction in and witnesses. This legislation will return the law to which the plaintiffs are from many different ‘‘(2) Any action transferred for trial pur- what was in effect for almost three dec- States; and poses under paragraph (1) shall be remanded ades prior to the Lexecon decision. It (B) often involve issues of critical impor- by the panel for the determination of com- tance to the Nation, including information pensatory damages to the district court from will provide the MDL Panel with the technology, intellectual property, antitrust, which it was transferred, unless the court to most efficient option for resolving contracts, and products liability cases; which the action has been transferred for complex issues, the best means to en- (3) the Judicial Panel— trial purposes also finds, for the convenience courage universal settlements, and the (A) identifies the 1 United States district of the parties and witnesses and in the inter- most consistent approach for rendering court (referred to in this section as the ests of justice, that the action should be re- decisions. ‘‘transferee court’’) best equipped at adjudi- tained for the determination of compen- This legislation is supported by the cating pretrial matters; and satory damages.’’. Judicial Conference of the United (B) after pretrial, remands individual civil SEC. 4. TECHNICAL AMENDMENT TO actions back to the district where the civil MULTIPARTY, MULTI FORM TRIAL States, the policy arm of the Federal action was originally filed unless that action JURISDICTION ACT OF 2002. judicial branch, as well as the U.S. De- has been previously terminated; Section 1407 of title 28, United States Code, partment of Justice. The legislation is (4)(A) for approximately 3 decades, the as amended by section 3 of this Act, is fur- also supported by the U.S. Chamber of transferee court often invoked a general ther amended by adding at the end the fol- venue statute that authorizes a district lowing: Commerce Institute for Legal Reform. ‘‘(j)(1) In actions transferred under this court to transfer a civil action in the inter- Moreover, this is not a partisan ef- section when jurisdiction is or could have est of justice and for the convenience of the fort. Proposals to reform multidistrict, been based, in whole or in part, on section parties and witnesses; multiparty litigation were first ad- 1369 of this title, the transferee district court (B) in effect, the transferee court simply may, notwithstanding any other provision of vanced by the Carter administration. I transferred all of the civil actions for trial to this section, retain actions so transferred for introduced similar legislation in the itself; and the determination of liability and punitive 106th Congress with Senators LEAHY, (C) this process worked well because the damages. An action retained for the deter- transferee court was well-versed in the facts KOHL, and SCHUMER. That bill passed mination of liability shall be remanded to the Senate by unanimous consent. and law of the centralized litigation and the the district court from which the action was This legislation is long overdue. court could assist all parties to settle when transferred, or to the State court from which Lexecon was decided 8 years ago. The appropriate; the action was removed, for the determina- House has passed a Lexecon fix four (5) in 1998, the United States Supreme tion of damages, other than punitive dam- Court held that the plain language of section ages, unless the court finds, for the conven- times since 1999. In a letter to the 1407 of title 28, United States Code, requires chairman of the MDL Panel, Judge ience of parties and witnesses and in the in- the Judicial Panel to remand all civil ac- terest of justice, that the action should be Thomas W. Thrash, a Federal district tions for trial back to the respective dis- retained for the determination of damages. court judge for the Northern District of tricts from which such actions were origi- ‘‘(2) Any remand under paragraph (1) shall Georgia, reporting on the disposition of nally referred; not be effective until 60 days after the trans- a multidistrict litigation case that he (6) the absence of authority to transfer a feree court has issued an order determining was required to try in Texas because he centralized civil action for trial hampers the liability and has certified its intention to re- could not transfer the case to Georgia, Judicial Panel and transferee judges in their mand some or all of the transferred actions ability to achieve the important goals of sec- for the determination of damages. An appeal summed up the situation well. Judge tion 1407 of that title promoting the just and with respect to the liability determination Thrash wrote, ‘‘Needless to say, resolu- efficient conduct of multidistrict litigation; and the choice of law determination of the tion of this case has been prolonged (7) the Judicial Panel has inherent rule- transferee court may be taken during that and involved greater expense to the ju- making authority to promulgate procedural 60-day period to the court of appeals with ap- diciary . . . because of my inability to rules pertaining to multidistrict litigation pellate jurisdiction over the transferee transfer the Northern District of Texas which the Judicial Panel has already exer- court. In the event a party files such an ap- case to myself for trial here in the cised to ensure that when a centralization peal, the remand shall not be effective until occurs all civil actions of a similar nature the appeal has been finally disposed of. Once Northern District of Georgia. On the then filed and all later civil actions that the remand has become effective, the liabil- other hand, it would have been almost may be filed are sent to 1 district court; ity determination and the choice of law de- criminal to dump this case on a new (8) Congress has statutorily conferred the termination shall not be subject to further Northern District of Texas judge for Judicial Panel with rulemaking authority review by appeal or otherwise.

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.021 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8274 CONGRESSIONAL RECORD — SENATE July 26, 2006 ‘‘(3) An appeal with respect to determina- geriatricians—to name a few. These Valeo. The system, of course, is vol- tion of punitive damages by the transferee workforce issues further hinder our untary, as the Supreme Court required. court may be taken, during the 60-day period ability to keep up with the health care Every major party nominee for Presi- beginning on the date the order making the needs of aging Americans. dent since 1976 has participated in the determination is issued, to the court of ap- peals with jurisdiction over the transferee Greater use of technology has the po- system for the general election and, court. tential to enhance the quality of care prior to 2000, every major party nomi- ‘‘( 4) Any decision under this subsection to our aging population and enable sen- nee had participated in the system for concerning remand for the determination of iors to remain healthy and live inde- the primary election, too. In the last damages, other than punitive damages, shall pendently longer. election, President Bush and two not be reviewable by appeal or otherwise. The application of technology in the Democratic candidates, Howard Dean ‘‘(5) Nothing in this subsection shall re- aging health care services field would and the eventual nominee JOHN KERRY, strict the authority of the transferee court to transfer or dismiss an action on the also help mitigate the burden on pro- opted out of the system for the Presi- ground of inconvenient forum.’’. viders by allowing physicians, home dential primaries. President Bush and SEC. 5. EFFECTIVE DATE. health care workers, and family mem- Senator KERRY elected to take the tax- (a) MULTIDISTRICT LITIGATION.—The bers to keep in regular contact with payer-funded grant in the general elec- amendments made by section 3 shall apply to patients and loved ones. Better moni- tion. President Bush also opted out of any civil action pending on or brought on or toring of elderly patients would also the system for the Republican pri- after the date of the enactment of this Act. serve to identify changes in their maries in 2000 but took the general (b) TECHNICAL AMENDMENT.—The amend- health condition before a serious prob- election grant. ment made by section 4 shall be effective as lem arises. if enacted in section 11020(b) of the It is unfortunate that the matching Multiparty, Multiforum Trial Jurisdiction Smarter applications of technology funds system for the primaries is be- Act of 2002 (Public Law 107–273; 116 Stat. 1826 in caring for the aged could also ad- coming less viable. The system pro- et seq.). dress some of the growing concerns tects the integrity of the electoral with skyrocketing budget deficits. As process by allowing candidates to run By Mr. COLEMAN (for himself, we grapple with Medicare and Medicaid viable campaigns without becoming Mr. REED, Mr. KOHL, and Mr. taking up a growing proportion of over- overly dependent on private donors. MARTINEZ): all Federal spending, we need to care- The system has worked well in the S. 3739. A bill to establish a Consor- fully balance health care expenditures past, and it is worth repairing so that tium on the Impact of Technology in while also improving the quality of it can work in the future. If we don’t Aging Health Services; to the Com- care. We need to be thoughtful and repair it, the pressures on candidates mittee on Health, Education, Labor, wiser with our health care dollars as to opt out because their opponents are and Pensions. well as creative in the provision of opting out will increase until the sys- Mr. REED. I am pleased to join my services to the elderly. tem collapses from disuse. colleagues, Senator COLEMAN, Senator The Consortium on the Impact of This bill makes changes to both the KOHL, Senator MARTINEZ, Congressman Technology in Health Services Act will primary and general election public fi- RAMSTAD, and Congresswoman ESHOO, bring together experts from the med- nancing system to address the weak- today to introduce the Consortium on ical, aging, and technology fields to nesses and problems that have been the Impact of Technology in Health build a vision and a framework for the identified by both participants in the Services Act. development and implementation of a system and experts on the presidential We face a challenging and exciting 21st century health care system able to election financing process. First and time in the evolution of America’s meet the needs of our burgeoning aging most important, it eliminates the health care system. Today, roughly 40 population. State-by-State spending limits in the million men and women are over age We need to change the way we think current law and substantially increases 65. A full doubling of the elderly popu- about health care for our Nation’s sen- the overall spending limit from the lation is predicted to occur by the year iors. We need a model that is oriented current limit of approximately $45 mil- 2030—with the first of the baby boom toward health promotion and disease lion to $150 million, of which up to $100 generation turning 65 in the year 2011— prevention. This legislation gives us a million can be spent before April 1 of only 5 years from now. jumpstart on developing and imple- the election year. This should make Nowhere is the aging of the popu- menting the tools and strategies need- the system much more viable for seri- lation more apparent than in my home ed to serve the senior population of ous candidates facing opponents who State of Rhode Island. We exceed the America more effectively and with are capable of raising significant sums national average in terms of citizens greater cost savings. over the age of 65 as well as those over I am pleased to join with my col- outside the system. The bill also makes the age of 85. In a State of slightly leagues in introducing this important available substantially more public more than a million people, almost 15 initiative and hope the Senate will give money for participating candidates by percent of the population is over the it careful consideration. increasing the match of small con- age of 65 today. According to Census tributions from 1:1 to 4:1. Bureau estimates, the number of elder- By Mr. FEINGOLD: One very important provision of this ly is expected to increase to 18.8 per- S. 3740. A bill to amend the Internal bill ties the primary and general elec- cent of Rhode Island’s population by Revenue Code of 1986 to reform the sys- tion systems together and requires 2025. Rhode Island also has one of the tem of public financing for Presidential candidates to make a single decision highest concentrations of persons age elections, and for other purposes; to on whether to participate. Candidates 85 and over in the country. the Committee on Finance. who opt out of the primary system and Dramatic increases in life expectancy Mr. FEINGOLD. Mr. President, today decide to rely solely on private money over the last century can be attributed I will introduce a bill to repair and cannot return to the system for the to tremendous advances in public strengthen the Presidential public fi- general election. And candidates must health and medical research. These de- nancing system. The Presidential commit to participate in the system in mographic changes also pose new chal- Funding Act of 2006 will ensure that the general election if they want to re- lenges to our health care system that this system that has served our coun- ceive Federal matching funds in the require creative and innovative solu- try so well for over a generation will primaries. The bill also increases the tions. continue to fulfill its promise in the spending limits for participating can- In addition to Americans living 21st century. didates in the primaries who face a longer, keeping up with advancements The Presidential public financing nonparticipating opponent if that op- in medical science poses unique bur- system was put into place in the wake ponent raises more than 20 percent dens and challenges for our health care of the Watergate scandals as part of more than the spending limit. This pro- system. We are facing shortages in a the Federal Election Campaign Act of vides some protection against being far number of critical health care fields— 1974. It was held to be constitutional by outspent by a nonparticipating oppo- nurses, primary care physicians, and the Supreme Court in Buckley v. nent. Additional grants of public

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.052 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8275 money are also available to partici- statement. I will also ask that a copy Sec. 7. Revisions to designation of income pating candidates who face a non- of the bill itself be printed in the tax payments by individual tax- participating candidate spending sub- RECORD, following my statement. payers. Mr. President, the purpose of this bill Sec. 8. Amounts in Presidential Election stantially more than the spending Campaign Fund. limit. is to improve the campaign finance Sec. 9. Repeal of priority in use of funds for The bill also sets the general election system, not to advance one party’s in- political conventions. spending limit at $100 million, indexed terests. In fact, with the country look- Sec. 10. Regulation of convention financing. for inflation. And if a general election ing forward to the first Presidential Sec. 11. Disclosure of bundled contributions. Sec. 12. Offset. candidate does not participate in the election since 1952 where both the in- Sec. 13. Effective date. system and spends more than 20 per- cumbent President and the sitting SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL cent more than the combined primary Vice-President are not running, this is PRIMARY MATCHING PAYMENTS. and general election spending limits, a a perfect time to make changes in the (a) INCREASE IN MATCHING PAYMENTS.— participating candidate will receive a Presidential public funding system. (1) IN GENERAL.—Section 9034(a) of the In- grant equal to twice the general elec- Each party will have numerous can- ternal Revenue Code of 1986 is amended— tion spending limit. didates in the primaries, and no party (A) by striking ‘‘an amount equal to the This bill also addresses what some amount’’ and inserting ‘‘an amount equal to can claim it will be helped or hurt by 400 percent of the amount’’; and have called the ‘‘gap’’ between the pri- these changes. (B) by striking ‘‘$250’’ and inserting ‘‘$200’’. mary and general election seasons. Fixing the Presidential public financ- (2) ADDITIONAL MATCHING PAYMENTS FOR Presumptive Presidential nominees ing system will cost money, but our CANDIDATES AFTER MARCH 31 OF THE ELECTION have emerged earlier in the election best calculations at the present time YEAR.—Section 9034(b) of such Code is year over the life of the public financ- indicate that the changes to the sys- amended to read as follows: ing system. This had led to some nomi- tem in this bill can be paid for by rais- ‘‘(b) ADDITIONAL PAYMENTS FOR CAN- nees being essentially out of money be- ing the income tax check-off on an in- DIDATES AFTER MARCH 31 OF THE ELECTION YEAR.—In addition to any payment under tween the time that they nail down the dividual return from $3 to just $10. The subsection (a), an individual who is a can- nomination and the convention where total cost of the changes to the system, didate after March 31 of the calendar year in they are formally nominated and be- based on data from the 2004 elections, which the presidential election is held and come eligible for the general election is projected to be around $360 million who is eligible to receive payments under grant. For a few cycles, soft money over the 4-year election cycle. To offset section 9033 shall be entitled to payments raised by the parties filled in that gap, that increased cost, this bill caps tax- under section 9037 in an amount equal to the amount of each contribution received by but the Bipartisan Campaign Reform payer subsidies for promotion of agri- such individual after March 31 of the cal- Act of 2002 fortunately has now closed cultural products, including some endar year in which such presidential elec- that loophole. This bill allows can- brand-name goods, by limiting the tion is held, disregarding any amount of con- didates who are still in the primary Market Access Program to $100 million tributions from any person to the extent race as of April 1 to spend an addi- per year. that the total of the amounts contributed by tional $50 million. In addition, the bill Though the numbers are large, this is such person after such date exceeds $200.’’. allows the political parties to spend up actually a very small investment to (3) CONFORMING AMENDMENTS.—Section 9034 make to protect the health of our de- of such Code, as amended by paragraph (2), is to $25 million between April 1 and the amended— date that a candidate is nominated and mocracy and integrity of our Presi- (A) by striking the last sentence of sub- an additional $25 million after the dential elections. The American people section (a); and nomination. The total amount of $50 do not want to see a return to the pre- (B) by inserting after subsection (b) the million is over three times the amount Watergate days of unlimited spending following new subsection: allowed under current law. This should on presidential elections and can- ‘‘(c) CONTRIBUTION DEFINED.—For purposes allow any gap to be more than ade- didates entirely beholden to private do- of this section and section 9033(b), the term ‘contribution’ means a gift of money made quately filled. nors. We must act now to preserve the by a written instrument which identifies the Obviously, these changes make this a crown jewel of the Watergate reforms person making the contribution by full name more generous system. So the bill also and ensure the fairness of our elections and mailing address, but does not include a makes the requirement for qualifying and the confidence of our citizens in subscription, loan, advance, or deposit of more difficult. To be eligible for the process. money, or anything of value or anything de- matching funds, a candidate must raise Mr. President, I ask unanimous con- scribed in subparagraph (B), (C), or (D) of $25,000 in matchable contributions—up sent that the text of the bill and addi- section 9032(4).’’. (b) ELIGIBILITY REQUIREMENTS.— tional materials be printed in the to $200 for each donor—in at least 20 (1) AMOUNT OF AGGREGATE CONTRIBUTIONS States. That is five times the threshold RECORD. PER STATE.—Section 9033(b)(3) of such Code is under current law. There being no objection, the text of amended by striking ‘‘$5,000’’ and inserting The bill also makes a number of the bill was ordered to be printed in ‘‘$25,000’’. changes in the system to reflect the the RECORD, as follows: (2) AMOUNT OF INDIVIDUAL CONTRIBUTIONS.— changes in our Presidential races over S. 3740 Section 9033(b)(4) of such Code is amended by the past several decades. For one thing, Be it enacted by the Senate and House of Rep- striking ‘‘$250’’ and inserting ‘‘$200’’. it makes matching funds available resentatives of the United States of America in (3) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR GENERAL ELECTION.—Section 9033(b) of starting on July 1 of the year preceding Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such Code is amended— the election, 6 months earlier than is (A) by striking ‘‘and’’ at the end of para- currently the case. For another, it sets (a) SHORT TITLE.—This Act may be cited as the ‘‘Presidential Funding Act of 2006’’. graph (3); a single date for release of the public (b) TABLE OF CONTENTS.—The table of con- (B) by striking the period at the end of grant for the general election—the Fri- tents of this Act is as follows: paragraph (4) and inserting ‘‘, and’’; and day before Labor Day. This addresses Sec. 1. Short title; table of contents. (C) by adding at the end the following new an inequity in the current system, Sec. 2. Revisions to system of Presidential paragraph: under which the general election grant primary matching payments. ‘‘(5) if the candidate is nominated by a po- litical party for election to the office of is released after each nominating con- Sec. 3. Requiring participation in primary payment system as condition of President, the candidate will apply for and vention, which can be several weeks eligibility for general election accept payments with respect to the general apart. payments. election for such office in accordance with The bill will also end the political Sec. 4. Revisions to expenditure limits. chapter 95, including the requirement that parties’ use of soft money for their con- Sec. 5. Additional payments and increased the candidate and the candidate’s authorized ventions and requires presidential can- expenditure limits for can- committees will not incur qualified cam- didates to disclose bundled contribu- didates participating in public paign expenses in excess of the aggregate tions. Additional provisions, and those financing who face certain non- payments to which they will be entitled I have discussed in summary form here, participating opponents. under section 9004.’’. Sec. 6. Establishment of uniform date for re- (c) PERIOD OF AVAILABILITY OF PAY- are explained in a section-by-section lease of payments from Presi- MENTS.— analysis of the bill that I will ask to be dential Election Campaign (1) IN GENERAL.—Section 9032(6) of such printed in the RECORD, following my Fund to eligible candidates. Code is amended by striking ‘‘the beginning

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.077 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8276 CONGRESSIONAL RECORD — SENATE July 26, 2006 of the calendar year’’ and inserting ‘‘July 1 didate’s campaign in an aggregate amount (C) by adding at the end the following new of the calendar year preceding the calendar greater than 120 percent of the expenditure clause: year’’. limitation in effect under subsection ‘‘(iii) for purposes of subsection (b) and (2) CONFORMING AMENDMENT.—Section (b)(1)(A)(ii), then, during the period de- (d)(2), calendar year 2007.’’. 9034(a) of such Code is amended by striking scribed in clause (ii), the national committee (d) REPEAL OF EXCLUSION OF FUNDRAISING ‘‘the beginning of the calendar year’’ and in- of any other political party may make ex- COSTS FROM TREATMENT AS EXPENDITURES.— serting ‘‘July 1 of the calendar year pre- penditures in connection with the general Section 301(9)(B)(vi) of the Federal Election ceding the calendar year’’. election campaign of a candidate for Presi- Campaign Act of 1971 (2 U.S.C. 431(9)(B)(vi)) SEC. 3. REQUIRING PARTICIPATION IN PRIMARY dent of the United States who is affiliated is amended by striking ‘‘in excess of an PAYMENT SYSTEM AS CONDITION OF with such other party without limitation. amount equal to 20 percent of the expendi- ELIGIBILITY FOR GENERAL ELEC- ‘‘(ii) The period described in this clause is ture limitation applicable to such candidate TION PAYMENTS. the period— under section 315(b)’’ and inserting the fol- (a) MAJOR PARTY CANDIDATES.—Section ‘‘(I) beginning on the later of April 1 of the lowing: ‘‘who is seeking nomination for elec- 9003(b) of the Internal Revenue Code of 1986 year in which a presidential election is held tion or election to the office of President or is amended— or the date on which such nonparticipating Vice President of the United States’’. (1) by redesignating paragraphs (1) and (2) primary candidate first receives contribu- as paragraphs (2) and (3); and tions or makes expenditures in the aggregate SEC. 5. ADDITIONAL PAYMENTS AND INCREASED (2) by inserting before paragraph (2) (as so EXPENDITURE LIMITS FOR CAN- amount described in clause (i); and DIDATES PARTICIPATING IN PUBLIC redesignated) the following new paragraph: ‘‘(II) ending on the earlier of the date such FINANCING WHO FACE CERTAIN ‘‘(1) the candidate received payments under nonparticipating primary candidate ceases NONPARTICIPATING OPPONENTS. chapter 96 for the campaign for nomina- to be a candidate for nomination to the of- (a) CANDIDATES IN PRIMARY ELECTIONS.— tion;’’. fice of President of the United States and is (1) ADDITIONAL PAYMENTS.— (b) MINOR PARTY CANDIDATES.—Section not a candidate for such office or the date (A) IN GENERAL.—Section 9034 of the Inter- 9003(c) of such Code is amended— described in section 9006(b) of the Internal nal Revenue Code of 1986, as amended by sec- (1) by redesignating paragraphs (1) and (2) Revenue Code of 1986. tion 2, is amended by redesignating sub- as paragraphs (2) and (3); and ‘‘(iii) If the nonparticipating primary can- section (c) as subsection (d) and by inserting (2) by inserting before paragraph (2) (as so didate described in clause (i) ceases to be a after subsection (b) the following new sub- redesignated) the following new paragraph: candidate for nomination to the office of section: ‘‘(1) the candidate received payments under President of the United States and is not a chapter 96 for the campaign for nomina- candidate for such office, clause (i) shall not ‘‘(c) ADDITIONAL PAYMENTS FOR CAN- tion;’’. apply and the limitations under subpara- DIDATES FACING NONPARTICIPATING OPPO- NENTS.— SEC. 4. REVISIONS TO EXPENDITURE LIMITS. graphs (A) and (B) shall apply. It shall not be ‘‘(1) IN GENERAL.—In addition to any pay- (a) INCREASE IN EXPENDITURE LIMITS FOR considered to be a violation of this Act if the ments provided under subsections (a) and (b), PARTICIPATING CANDIDATES; ELIMINATION OF application of the preceding sentence results each candidate described in paragraph (2) STATE-SPECIFIC LIMITS.— in the national committee of a political shall be entitled to— (1) IN GENERAL.—Section 315(b)(1) of the party violating the limitations under sub- Federal Election Campaign Act of 1971 (2 paragraphs (A) and (B) solely by reason of ‘‘(A) a payment under section 9037 in an U.S.C. 441a(b)(1)) is amended by striking expenditures made by such national com- amount equal to the amount of each con- ‘‘may make expenditures in excess of’’ and mittee during the period in which clause (i) tribution received by such candidate on or all that follows and inserting ‘‘may make ex- applied. after July 1 of the calendar year preceding penditures— ‘‘(D) For purposes of this paragraph— the calendar year of the presidential election ‘‘(A) with respect to a campaign for nomi- ‘‘(i) any expenditure made by or on behalf with respect to which such candidate is seek- nation for election to such office— of a national committee of a political party ing nomination and before the qualifying ‘‘(i) in excess of $100,000,000 before April 1 and in connection with a presidential elec- date, disregarding any amount of contribu- of the calendar year in which the presi- tion shall be considered to be made in con- tions from any person to the extent that the dential election is held; and nection with the general election campaign total of the amounts contributed by such ‘‘(ii) in excess of $150,000,000 before the date of a candidate for President of the United person exceeds $200, and described in section 9006(b) of the Internal States who is affiliated with such party; and ‘‘(B) payments under section 9037 in an Revenue Code of 1986; and ‘‘(ii) any communication made by or on be- amount equal to the amount of each con- ‘‘(B) with respect to a campaign for elec- half of such party shall be considered to be tribution received by such candidate on or tion to such office, in excess of $100,000,000.’’. made in connection with the general election after the qualifying date, disregarding any amount of contributions from any person to (2) CLERICAL CORRECTION.—Section campaign of a candidate for President of the 9004(a)(1) of the Internal Revenue Code of United States who is affiliated with such the extent that the total of the amounts con- 1986 is amended by striking ‘‘section party if any portion of the communication is tributed by such person exceeds $200. 320(b)(1)(B) of the Federal Election Campaign in connection with such election. ‘‘(2) CANDIDATES TO WHOM THIS SUBSECTION Act of 1971’’ and inserting ‘‘section ‘‘(E) Any expenditure under this paragraph APPLIES.—A candidate is described in this 315(b)(1)(B) of the Federal Election Campaign shall be in addition to any expenditure by a paragraph if such candidate— Act of 1971’’. national committee of a political party serv- ‘‘(A) is eligible to receive payments under (b) INCREASE IN LIMIT ON COORDINATED ing as the principal campaign committee of section 9033, and PARTY EXPENDITURES.—Section 315(d)(2) of a candidate for the office of President of the ‘‘(B) is opposed by a nonparticipating pri- the Federal Election Campaign Act of 1971 (2 United States.’’. mary candidate of the same political party U.S.C. 441a(d)(2)) is amended to read as fol- (c) CONFORMING AMENDMENTS RELATING TO who receives contributions or makes expend- lows: TIMING OF COST-OF-LIVING ADJUSTMENT.— itures with respect to the campaign— ‘‘(2)(A) The national committee of a polit- (1) IN GENERAL.—Section 315(c)(1) of such ‘‘(i) before April 1 of the year in which the ical party may not make any expenditure in Act (2 U.S.C. 441(c)(1)) is amended— presidential election is held, in an aggregate connection with the general election cam- (A) in subparagraph (B), by striking ‘‘(b), amount greater than 120 percent of the ex- paign of any candidate for President of the (d),’’ and inserting ‘‘(d)(3)’’; and penditure limitation under section United States who is affiliated with such (B) by inserting at the end the following 315(b)(1)(A)(i) of the Federal Election Cam- party which exceeds $25,000,000. new subparagraph: paign Act of 1971, or ‘‘(B) Notwithstanding the limitation under ‘‘(D) In any calendar year after 2008— ‘‘(ii) before the date described in section subparagraph (A), during the period begin- ‘‘(i) a limitation established by subsection 9006(b), in an aggregate amount greater than ning on April 1 of the year in which a presi- (b) or (d)(2) shall be increased by the percent 120 percent of the expenditure limitation dential election is held and ending on the difference determined under subparagraph under section 315(b)(1)(A)(ii) of such Act. date described in section 9006(b) of the Inter- (A); ‘‘(3) NONPARTICIPATING PRIMARY CAN- nal Revenue Code of 1986, the national com- ‘‘(ii) each amount so increased shall re- DIDATE.—In this subsection, the term ‘non- mittee of a political party may make addi- main in effect for the calendar year; and participating primary candidate’ means a tional expenditures in connection with the ‘‘(iii) if any amount after adjustment candidate for nomination for election for the general election campaign of a candidate for under clause (i) is not a multiple of $100, office of President who is not eligible under President of the United States who is affili- such amount shall be rounded to the nearest section 9033 to receive payments from the ated with such party in an amount not to ex- multiple of $100.’’. Secretary under this chapter. ceed $25,000,000. (2) BASE YEAR.—Section 315(c)(2)(B) of such ‘‘(4) QUALIFYING DATE.—In this subsection, ‘‘(C)(i) Notwithstanding subparagraph (B) Act (2 U.S.C. 441a(c)(2)(B)) is amended— the term ‘qualifying date’ means the first or the limitation under subparagraph (A), if (A) in clause (i)— date on which the contributions received or any nonparticipating primary candidate (i) by striking ‘‘subsections (b) and (d)’’ expenditures made by the nonparticipating (within the meaning of subsection (b)(3)) af- and inserting ‘‘subsection (d)(3)’’; and primary candidate described in paragraph filiated with the national committee of a po- (ii) by striking ‘‘and’’ at the end; (2)(B) exceed the amount described under ei- litical party receives contributions or makes (B) in clause (ii), by striking the period at ther clause (i) or clause (ii) of such para- expenditures with respect to such can- the end and inserting ‘‘; and’’; and graph.’’.

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.053 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8277

(B) CONFORMING AMENDMENT.—Section (ii) by adding at the end the following new ‘‘(ii) notify each opponent of the candidate 9034(b)(2) of such Code, as amended by sec- clause: who is eligible to receive payments under tion 2, is amended by striking ‘‘subsection ‘‘(ii) In addition to the payments described section 9033 of the Internal Revenue Code of (a)’’ and inserting ‘‘subsections (a) and (c)’’. in clause (i), each eligible candidate of a 1986 of the amount of the increased limita- (2) INCREASE IN EXPENDITURE LIMIT.—Sec- minor party in a presidential election with tion on expenditures which applies pursuant tion 315(b) of the Federal Election Campaign an opponent in the election who is not eligi- to section 315(b)(3); and Act of 1971 (2 U.S.C. 441a(b)) is amended by ble to receive payments under section 9006 ‘‘(iii) in the case of a notice under subpara- adding at the end the following new para- and who receives contributions or makes ex- graph (A)(i), notify the national committee graph: penditures with respect to the primary and of each political party (other than the polit- ‘‘(3)(A) In the case of an eligible candidate, general elections in an aggregate amount ical party with which the candidate is affili- each of the limitations under clause (i) and greater than 120 percent of the combined ex- ated) of the inapplicability of expenditure (ii) of paragraph (1)(A) shall be increased— penditure limitations applicable to eligible limits under section 315(d)(2) pursuant to ‘‘(i) by $50,000,000, if any nonparticipating candidates under section 315(b)(1) of the Fed- subparagraph (C) thereof. primary candidate of the same political eral Election Campaign Act of 1971 shall be ‘‘(2) GENERAL ELECTION CANDIDATES.— party as such candidate receives contribu- entitled to an equal payment under section ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- tions or makes expenditures with respect to 9006 in an amount equal to 100 percent of the ELIGIBLE CANDIDATES.—If a candidate in a the campaign in an aggregate amount great- payment to which such candidate is entitled presidential election who is not eligible to er than 120 percent of the expenditure limita- under clause (i).’’. receive payments under section 9006 of the tion applicable to eligible candidates under (2) EXCLUSION OF ADDITIONAL PAYMENT Internal Revenue Code of 1986 receives con- clause (i) or (ii) of paragraph (1)(A) (before FROM DETERMINATION OF EXPENDITURE LIM- tributions or makes expenditures with re- the application of this clause), and ITS.—Section 315(b) of the Federal Election spect to the primary and general elections in ‘‘(ii) by $100,000,000, if such nonpartici- Campaign Act of 1971 (2 U.S.C. 441a(b)), as an aggregate amount greater than 120 per- pating primary candidate receives contribu- amended by subsection (a), is amended by cent of the combined expenditure limitations tions or makes expenditures with respect to adding at the end the following new para- applicable to eligible candidates under sec- the campaign in an aggregate amount great- graph: tion 315(b)(1), the candidate shall notify the er than 120 percent of the expenditure limita- ‘‘(4) In the case of a candidate who is eligi- Commission in writing that the candidate tion applicable to eligible candidates under ble to receive payments under section has received aggregate contributions or clause (i) or (ii) of paragraph (1)(A) after the 9004(a)(1)(B) or 9004(a)(2)(A)(ii) of the Inter- made aggregate expenditures in such an application of clause (i). nal Revenue Code of 1986, the limitation amount not later than 24 hours after first re- ‘‘(B) Each dollar amount under subpara- under paragraph (1)(B) shall be increased by ceiving aggregate contributions or making the amount of such payments received by graph (A) shall be considered a limitation aggregate expenditures in such an amount. the candidate.’’. under this subsection for purposes of sub- ‘‘(B) CERTIFICATION.—Not later than 24 (c) PROCESS FOR DETERMINATION OF ELIGI- section (c). hours after receiving a written notice under BILITY FOR ADDITIONAL PAYMENT AND IN- subparagraph (A), the Commission shall cer- ‘‘(C) In this paragraph, the term ‘eligible CREASED EXPENDITURE LIMITS.—Section 304 tify to the Secretary of the Treasury for pay- candidate’ means, with respect to any pe- of the Federal Election Campaign Act of 1971 riod, a candidate— (2 U.S.C. 434) is amended by adding at the ment to any eligible candidate who is enti- ‘‘(i) who is eligible to receive payments end the following new subsection: tled to an additional payment under para- under section 9033 of the Internal Revenue ‘‘(i) REPORTING AND CERTIFICATION FOR AD- graph (1)(B) or (2)(A)(ii) of section 9004(a) of Code of 1986; DITIONAL PUBLIC FINANCING PAYMENTS FOR the Internal Revenue Code of 1986 that the ‘‘(ii) who is opposed by a nonparticipating CANDIDATES.— candidate is entitled to payment in full of primary candidate; and ‘‘(1) PRIMARY CANDIDATES.— the additional payment under such section.’’. ‘‘(iii) with respect to whom the Commis- ‘‘(A) NOTIFICATION OF EXPENDITURES BY IN- SEC. 6. ESTABLISHMENT OF UNIFORM DATE FOR sion has given notice under section ELIGIBLE CANDIDATES.— RELEASE OF PAYMENTS FROM PRES- IDENTIAL ELECTION CAMPAIGN 304(i)(1)(B)(i). ‘‘(i) EXPENDITURES IN EXCESS OF 120 PER- FUND TO ELIGIBLE CANDIDATES. ‘‘(D) In this paragraph, the term ‘non- CENT OF LIMIT.—If a candidate for a nomina- (a) IN GENERAL.—The first sentence of sec- participating primary candidate’ means, tion for election for the office of President tion 9006(b) of the Internal Revenue Code of with respect to any eligible candidate, a can- who is not eligible to receive payments 1986 is amended to read as follows: ‘‘If the didate for nomination for election for the of- under section 9033 of the Internal Revenue Secretary of the Treasury receives a certifi- fice of President who is not eligible under Code of 1986 receives contributions or makes cation from the Commission under section section 9033 of the Internal Revenue Code of expenditures with respect to the primary 9005 for payment to the eligible candidates of 1986 to receive payments from the Secretary election in an aggregate amount greater a political party, the Secretary shall, on the of the Treasury under chapter 96 of such than 120 percent of the expenditure limita- last Friday occurring before the first Mon- Code.’’. tion applicable to eligible candidates under day in September, pay to such candidates of ANDIDATES IN GENERAL ELECTIONS.— (b) C clause (i) or (ii) of section 315(b)(1)(A), the the fund the amount certified by the Com- (1) ADDITIONAL PAYMENTS.— candidate shall notify the Commission in mission.’’. (A) IN GENERAL.—Section 9004(a)(1) of the writing that the candidate has received ag- (b) CONFORMING AMENDMENT.—The first Internal Revenue Code of 1986 is amended— gregate contributions or made aggregate ex- sentence of section 9006(c) of such Code is (i) by striking ‘‘(1) The eligible candidates’’ penditures in such an amount not later than amended by striking ‘‘the time of a certifi- and inserting ‘‘(1)(A) Except as provided in 24 hours after first receiving aggregate con- cation by the Comptroller General under sec- subparagraph (B), the eligible candidates’’; tributions or making aggregate expenditures tion 9005 for payment’’ and inserting ‘‘the and in such an amount. time of making a payment under subsection (ii) by adding at the end the following new ‘‘(ii) EXPENDITURES IN EXCESS OF 120 PER- (b)’’. subparagraph: CENT OF INCREASED LIMIT.—If a candidate for SEC. 7. REVISIONS TO DESIGNATION OF INCOME ‘‘(B) In addition to the payments described a nomination for election for the office of TAX PAYMENTS BY INDIVIDUAL TAX- in subparagraph (A), each eligible candidate President who is not eligible to receive pay- PAYERS. of a major party in a presidential election ments under section 9033 of the Internal Rev- (a) INCREASE IN AMOUNT DESIGNATED.—Sec- with an opponent in the election who is not enue Code of 1986 receives contributions or tion 6096(a) of the Internal Revenue Code of eligible to receive payments under section makes expenditures with respect to the pri- 1986 is amended— 9006 and who receives contributions or makes mary election in an aggregate amount great- (1) in the first sentence, by striking ‘‘$3’’ expenditures with respect to the primary and er than 120 percent of the expenditure limita- each place it appears and inserting ‘‘$10’’; general elections in an aggregate amount tion applicable to eligible candidates under and greater than 120 percent of the combined ex- section 315(b) after the application of para- (2) in the second sentence— penditure limitations applicable to eligible graph (3)(A)(i) thereof, the candidate shall (A) by striking ‘‘$6’’ and inserting ‘‘$20’’; candidates under section 315(b)(1) of the Fed- notify the Commission in writing that the and eral Election Campaign Act of 1971 shall be candidate has received aggregate contribu- (B) by striking ‘‘$3’’ and inserting ‘‘$10’’. entitled to an equal payment under section tions or made aggregate expenditures in such (b) INDEXING.—Section 6096 of such Code is 9006 in an amount equal to 100 percent of the an amount not later than 24 hours after first amended by adding at the end the following expenditure limitation applicable under such receiving aggregate contributions or making new subsection: section with respect to a campaign for elec- aggregate expenditures in such an amount. ‘‘(d) INDEXING OF AMOUNT DESIGNATED.— tion to the office of President.’’. ‘‘(B) CERTIFICATION.—Not later than 24 ‘‘(1) IN GENERAL.—With respect to each tax- (B) SPECIAL RULE FOR MINOR PARTY CAN- hours after receiving any written notice able year after 2006, each amount referred to DIDATES.—Section 9004(a)(2)(A) of such Code under subparagraph (A) from a candidate, in subsection (a) shall be increased by the is amended— the Commission shall— percent difference described in paragraph (2), (i) by striking ‘‘(A) The eligible can- ‘‘(i) certify to the Secretary of the Treas- except that if any such amount after such an didates’’ and inserting ‘‘(A)(i) Except as pro- ury that opponents of the candidate are eli- increase is not a multiple of $1, such amount vided in clause (ii), the eligible candidates’’; gible for additional payments under section shall be rounded to the nearest multiple of and 9034(c) of the Internal Revenue Code of 1986; $1.

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.053 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8278 CONGRESSIONAL RECORD — SENATE July 26, 2006

‘‘(2) PERCENT DIFFERENCE DESCRIBED.—The ‘‘(B) RATE OF INTEREST.—Interest on ad- vention that are paid for or provided by any percent difference described in this para- vances made to the fund shall be at a rate other person. graph with respect to a taxable year is the determined by the Secretary of the Treasury ‘‘(2) EXCEPTION.—Paragraph (1) shall not percent difference determined under section (as of the close of the calendar month pre- apply to— 315(c)(1)(A) of the Federal Election Campaign ceding the month in which the advance is ‘‘(A) payments by a Federal, State, or local Act of 1971 with respect to the calendar year made) to be equal to the current average government if the funds used for the pay- during which the taxable year begins, except market yield on outstanding marketable ob- ments are from the general public tax reve- that the base year involved shall be 2006.’’. ligations of the United States with remain- nues of such government and are not derived (c) ENSURING TAX PREPARATION SOFTWARE ing periods to maturity comparable to the from donations made to a State or local gov- DOES NOT PROVIDE AUTOMATIC RESPONSE TO anticipated period during which the advance ernment for purposes of any convention, and DESIGNATION QUESTION.—Section 6096 of such will be outstanding and shall be compounded ‘‘(B) payments by any person for the pur- Code, as amended by subsection (b), is annually.’’. pose of promoting the suitability of a city as amended by adding at the end the following (2) EFFECTIVE DATE.—The amendment a convention site in advance of its selection, new subsection: made by this subsection shall take effect on welcoming convention attendees to the city, ‘‘(e) ENSURING TAX PREPARATION SOFTWARE the date of the enactment of this Act. or providing shopping or entertainment DOES NOT PROVIDE AUTOMATIC RESPONSE TO SEC. 9. REPEAL OF PRIORITY IN USE OF FUNDS guides to convention attendees.’’. DESIGNATION QUESTION.—The Secretary shall FOR POLITICAL CONVENTIONS. SEC. 11. DISCLOSURE OF BUNDLED CONTRIBU- promulgate regulations to ensure that elec- (a) IN GENERAL.—Section 9008(a) of the In- TIONS. tronic software used in the preparation or ternal Revenue Code of 1986 is amended by (a) IN GENERAL.—Section 304(b) of the Fed- filing of individual income tax returns does striking the period at the end of the second eral Election Campaign Act of 1971 (2 U.S.C. not automatically accept or decline a des- sentence and all that follows and inserting 434(b)) is amended— ignation of a payment under this section.’’. the following: ‘‘, except that the amount de- (1) by striking ‘‘and’’ at the end of para- (d) PUBLIC INFORMATION PROGRAM ON DES- posited may not exceed the amount available graph (7); IGNATION.—Section 6096 of such Code, as after the Secretary determines that amounts (2) by striking the period at the end of amended by subsections (b) and (c), is for payments under section 9006 and section paragraph (8) and inserting ‘‘; and’’; and amended by adding at the end the following 9037 are available for such payments.’’. (3) by adding at the end the following new new subsection: (b) CONFORMING AMENDMENT.—The second paragraph: ‘‘(f) PUBLIC INFORMATION PROGRAM.— sentence of section 9037(a) of such Code is ‘‘(9) in the case of an authorized committee ‘‘(1) IN GENERAL.—The Federal Election amended by striking ‘‘section 9006(c) and for of a candidate for President, the name, ad- Commission shall conduct a program to in- payments under section 9008(b)(3)’’ and in- dress, occupation, and employer of each per- form and educate the public regarding the serting ‘‘section 9006’’. son who makes a bundled contribution, and purposes of the Presidential Election Cam- the aggregate amount of the bundled con- paign Fund, the procedures for the designa- SEC. 10. REGULATION OF CONVENTION FINANC- ING. tributions made by such person during the tion of payments under this section, and the reporting period.’’. effect of such a designation on the income (a) IN GENERAL.—Section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i) (b) BUNDLED CONTRIBUTION.—Section 301 of tax liability of taxpayers. the Federal Election Campaign Act of 1971 (2 ‘‘(2) USE OF FUNDS FOR PROGRAM.—Amounts is amended by adding at the end the fol- lowing new subsection: U.S.C. 431) is amended by adding at the end in the Presidential Election Campaign Fund the following new paragraph: shall be made available to the Federal Elec- ‘‘(g) NATIONAL CONVENTIONS.— ‘‘(27) BUNDLED CONTRIBUTION.—The term tion Commission to carry out the program ‘‘(1) IN GENERAL.—Any person described in subsection (a) or (e) shall not solicit, receive, ‘bundled contribution’ means a series of con- under this subsection, except that the tributions that are, in the aggregate, $10,000 amount made available for this purpose may direct, transfer, or spend any funds in con- nection with a presidential nominating con- or more and— not exceed $10,000,000 with respect to any ‘‘(A) are transferred to the candidate or Presidential election cycle. In this para- vention of any political party, including funds for a host committee, civic committee, the authorized committee of the candidate graph, a ‘Presidential election cycle’ is the 4- by one person; or year period beginning with January of the municipality, or any other person or entity spending funds in connection with such a ‘‘(B) include a written or oral notification year following a Presidential election.’’. that the contribution was solicited, ar- (e) EFFECTIVE DATE.—The amendments convention, unless such funds— ranged, or directed by a person other than made by this section shall take effect on the ‘‘(A) are not in excess of the amounts per- the donor.’’. date of the enactment of this Act. mitted with respect to contributions to the SEC. 12. OFFSET. SEC. 8. AMOUNTS IN PRESIDENTIAL ELECTION political committee established and main- CAMPAIGN FUND. tained by a national political party com- (a) IN GENERAL.—Section 211(c)(1)(A) of the (a) DETERMINATION OF AMOUNTS IN FUND.— mittee under section 315; and Agricultural Trade Act of 1978 (7 U.S.C. Section 9006(c) of the Internal Revenue Code ‘‘(B) are not from sources prohibited by 5641(c)(1)(A)) is amended by striking ‘‘and of 1986 is amended by adding at the end the this Act from making contributions in con- $200,000,000 for each of fiscal years 2006 and following new sentence: ‘‘In making a deter- nection with an election for Federal office. 2007’’ and inserting ‘‘$200,000,000 for fiscal mination of whether there are insufficient ‘‘(2) EXCEPTION.—Paragraph (1) shall not year 2006, and $100,000,000 for fiscal year moneys in the fund for purposes of the pre- apply to— 2007’’. vious sentence, the Secretary shall take into ‘‘(A) payments by a Federal, State, or local (b) EFFECTIVE DATE.—The amendment account in determining the balance of the government if the funds used for the pay- made by subsection (a) shall take effect on fund for a Presidential election year the Sec- ments are from the general public tax reve- the date of enactment of this Act. retary’s best estimate of the amount of mon- nues of such government and are not derived SEC. 13. EFFECTIVE DATE. eys which will be deposited into the fund from donations made to a State or local gov- Except as otherwise provided in this Act, during the year, except that the amount of ernment for purposes of any convention; and the amendments made by this Act shall the estimate may not exceed the average of ‘‘(B) payments by any person for the pur- apply with respect to elections occurring the annual amounts deposited in the fund pose of promoting the suitability of a city as after January 1, 2006. during the previous 3 years.’’. a convention site in advance of its selection, (b) SPECIAL RULE FOR FIRST CAMPAIGN welcoming convention attendees to the city, There being no objection, the mate- CYCLE UNDER THIS ACT.— or providing shopping or entertainment rial was ordered to be printed in the (1) IN GENERAL.—Section 9006 of the Inter- guides to convention attendees.’’. RECORD, as follows: (b) PUBLIC FINANCING.—Subsection (d) of nal Revenue Code of 1986 is amended by add- PRESIDENTIAL FUNDING ACT OF 2006—SECTION- section 9008 of the Internal Revenue Code of ing at the end the following new subsection: BY-SECTION ANALYSIS ‘‘(d) SPECIAL AUTHORITY TO BORROW.— 1986 is amended to read as follows: SECTION 1: SHORT TITLE ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(d) EXPENDITURES FOR CONVENTIONS.— section (c), there are authorized to be appro- ‘‘(1) IN GENERAL.—The Commission shall SECTION 2: REVISIONS TO SYSTEM OF priated to the fund, as repayable advances, not certify any major party or minor party PRESIDENTIAL PRIMARY MATCHING PAYMENTS such sums as are necessary to carry out the under subsection (g) unless such party agrees (a) Matching Funds: Current law provides purposes of the fund during the period ending that— for a 1-to-1 match, where up to $250 of each on the first presidential election occurring ‘‘(A) expenses incurred with respect to a individual’s contributions for the primaries after the date of the enactment of this sub- presidential nominating convention will is matched with $250 in public funds. Under section. only be paid with payments received under the new matching system, individual con- ‘‘(2) REPAYMENT OF ADVANCES.— subsection (a) or with funds that are subject tributions of up to $200 from each individual ‘‘(A) IN GENERAL.—Advances made to the to the limitations, prohibitions, and report- will be matched at a 4-to-1 ratio, so $200 in fund shall be repaid, and interest on such ad- ing requirements of the Federal Election individual contribution can be matched with vances shall be paid, to the general fund of Campaign Act of 1971, and $800 from public funds. the Treasury when the Secretary determines ‘‘(B) the committee will not accept or use Candidates who remain in the primary race that moneys are available for such purposes any goods or services related to or in connec- can also receive an additional 1-to-1 match in the fund. tion with any presidential nominating con- of up to $200 of contributions received after

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.053 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8279

March 31 of a presidential election year. This a nonparticipating candidate who spends SECTION 8: AMOUNTS IN PRESIDENTIAL ELECTION additional match applies both to an initial more than 120 percent of the primary spend- CAMPAIGN FUND contribution made after March 31 and to con- ing limit ($100 million prior to April 1 and Under current law, in January of an elec- tributions from individuals who already gave $150 million after April 1), the participating tion year if the Treasury Department deter- $200 or more prior to April 1. candidate will receive a 5–to–1 match, in- mines that there are insufficient funds in the The bill defines ‘‘contribution’’ as ‘‘a gift stead of a 4–to–1 match for contributions of PECF to make the required payments to par- of money made by a written instrument less than $200 per donor. That additional ticipating primary candidates, the party which identifies the person making the con- match applies to all contributions received conventions, and the general election can- tribution by full name and mailing address.’’ by the participating candidate both before didates, it must reduce the payments avail- (b) Eligibility for matching funds: Current and after the nonparticipating candidate able to participating primary candidates and law requires candidates to raise $5,000 in crosses the 120 percent threshold. In addi- it cannot make up the shortfall from any matchable contributions (currently $250 or tion, the participating candidate’s primary other source until those funds come in. less) in 20 states. To be eligible for matching spending limit is raised by $50 million when Under the bill, in making that determination funds under this bill, a candidate must raise a nonparticipating candidate raise spends the Department can include an estimate of $25,000 of matchable contributions (up to $200 more than the 120 percent of either the $100 the amount that will be received by the per individual donor) in at least 20 states. million (before April 1) or $150 million (after PECF during that election year, but the esti- In addition, to receive matching funds in April 1) limit. The limit is raised by another mate cannot exceed the past three years’ av- the primary, candidates must pledge to $50 million if the nonparticipating candidate erage contribution to the fund. This will apply for public money in the general elec- spends more than 120 percent of the in- allow primary candidates to receive their tion if nominated and to not exceed the gen- creased limit. Thus, the maximum spending full payments as long as a reasonable esti- eral election spending limits. limit in the primary would be $250 million if mate of the funds that will come into the (c) Timing of payments: Current law an opposing candidate has spent more than PECF that year will cover the general elec- makes matching funds available on January $240 million. tion candidate payments. The bill allows the 1 of a presidential election year. The bill (b) General election candidates: When a Secretary of the Treasury to borrow the makes such funds available beginning on participating candidate is opposed in a gen- funds necessary to carry out the purposes of July 1 of the previous year. eral election by a nonparticipating candidate the fund during the first campaign cycle in SECTION 3: REQUIRING PARTICIPATION IN PRI- who spends more than 120 percent of the which the bill is in effect. MARY PAYMENT SYSTEM AS CONDITION OF combined primary and general election SECTION 9: REPEAL OF PRIORITY IN USE OF ELIGIBILITY FOR GENERAL ELECTIONS PAY- spending limits, the participating candidate FUNDS FOR POLITICAL CONVENTIONS MENTS shall receive an additional grant of public Current law gives the political parties pri- Currently, candidates can participate in ei- money equal to the amount provided for that ority on receiving the funds they are entitled ther the primary or the general election pub- election—$100 million in 2008. Minor party to from the PECF. This means that parties lic financing system, or both. Under the bill, candidates are also eligible for an additional get money for their conventions even if ade- a candidate must participate in the primary grant equal to the amount they otherwise re- quate funds are not available for partici- matching system in order to be eligible to ceive (which is based on the performance of pating candidates. This section would make receive public funds in the general election. that party in the previous presidential elec- funds available for the conventions only if tion). SECTION 4: REVISIONS TO EXPENDITURE LIMITS all participating candidates have received (a) Spending limits for candidates: In 2004, (c) Reporting and Certification: In order to the funds to which they are entitled. under current law, candidates participating provide for timely determination of a par- SECTION 10: REGULATION OF CONVENTION in the public funding system had to abide by ticipating candidate’s eligibility for in- FINANCING a primary election spending limit of about creased spending limits, matching funds, (a) Soft money ban: National political par- $45 million and a general election spending and/or general election grants, non-partici- ties and federal candidates and officeholders limit of about $75 million (all of which was pating candidates must notify the FEC with- are prohibited from raising or spending soft public money). The bill sets a total primary in 24 hours after receiving contributions or money in connection with a nominating con- spending ceiling for participating candidates making expenditures of greater than the ap- vention of any political party, including in 2008 of $150 million, of which only $100 mil- plicable 120 percent threshold. Within 24 funds for a host committee, civic committee, lion can be spent before April 1. State by hours of receiving such a notice, the FEC or municipality. state spending limits are eliminated. The will inform candidates participating in the (b) Agreement not to spend soft money: To general election limit, which the major system of their increased expenditure limits receive public money for its nominating con- party candidates will receive in public funds, and will certify to the Secretary of the vention, a political party must agree not to will be $100 million. Treasury that participating candidates are spend soft money on that convention and (b) Spending limit for parties: Current law eligible to receive additional payments. that it will not accept any goods or services provides a single coordinated spending limit SECTION 6: ESTABLISHMENT OF UNIFORM DATE donated by any person in connection with for national party committees based on pop- FOR RELEASE OF PAYMENTS FROM PRESI- the convention. ulation. In 2004 that limit was about $15 mil- DENTIAL ELECTIONS CAMPAIGN FUNDS TO ELI- These soft money prohibitions do not apply lion. The bill provides two limits of $25 mil- GIBLE CANDIDATES to payments by Federal, state or local gov- lion. The first applies after April 1 until a Under current law, candidates partici- ernments from general tax revenues or pay- candidate is nominated. The second limit pating in the system for the general election ments from any person for the purpose of kicks in after the nomination. Any part of receive their grants of public money imme- promoting a particular city as the site for a the limit not spent before the nomination diately after receiving the nomination of future convention or to welcome or provide can be spent after. In addition, the party co- their party, meaning that the two major par- shopping or entertainment guides to conven- ordinated spending limit is eliminated en- ties receive their grants on different dates. tion attendees. tirely until the general election public funds Under the bill, all candidates eligible to re- are released if there is an active candidate SECTION 11: DISCLOSURE OF BUNDLED ceive public money in the general election from the opposing party who has exceeded CONTRIBUTIONS would receive that money on the Friday be- the primary spending limits by more than (a) Disclosure requirement: The authorized fore Labor Day, unless a candidate’s formal 20%. committees of presidential candidate com- nomination occurs later. This will allow the party to support the mittee must report the name, address, and presumptive nominee during the so-called SECTION 7: REVISIONS TO DESIGNATION OF IN- occupation of each person making a bundled ‘‘gap’’ between the end of the primaries and COME TAX PAYMENTS BY INDIVIDUAL TAX- contribution and the aggregate amount of the conventions. The entire cost of a coordi- PAYERS bundled contributions made by that person. nated party communication is subject to the The tax check-off is increased from $3 (in- (b) Definition of bundled contribution. A limit if any portion of that communication dividual) and $6 (couple) to $10 and $20. This bundled contribution is a series of contribu- has to do with the presidential election. amount will be adjusted during each tax year tions totaling $10,000 or more that are (1) col- (c) Inflation adjustment: Party and can- after 2006. The amount will be adjusted for lected by one person and transferred to the didate spending limits will be indexed for in- inflation, and rounded to the nearest dollar, candidate; or (2) delivered directly to the flation, with 2008 as the base year. beginning in 2007. candidate from the donor but include a writ- (d) Fundraising expenses: Under the bill, The IRS shall require by regulation that ten or oral communication that the funds all the costs of fundraising by candidates are electronic tax preparation software does not were ‘‘solicited, arranged, or directed’’ by subject to their spending limits. automatically accept or decline the tax someone other than the donor. This covers SECTION 5: ADDITIONAL PAYMENTS AND IN- checkoff. The FEC is required to inform and the two most common bundling arrange- CREASED EXPENDITURES LIMITS FOR CAN- educate the public about the purpose of the ments where fundraisers get ‘‘credit’’ for col- DIDATES PARTICIPATING IN PUBLIC FINANCING Presidential Election Campaign Fund lecting contributions for a candidate. WHO FACE CERTAIN NONPARTICIPATING OPPO- (‘‘PECF’’) and how to make a contribution. SECTION 12: EFFECTIVE DATE NENTS Funding for this program of up to $10 million Provides that the amendments will apply (a) Primary candidates: When a partici- in a four year presidential election cycle, to presidential elections occurring after Jan- pating candidate is opposed in a primary by will come from the PECF. uary 1, 2006.

VerDate Aug 31 2005 02:42 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.057 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8280 CONGRESSIONAL RECORD — SENATE July 26, 2006 By Mrs. CLINTON (for herself of diseases identified by newborn The Hunter’s Hope Foundation was estab- and Mr. ALLEN): screening within States, we will be able lished in 1997 by Pro Football Hall of Fame S. 3743. A bill to amend the Public to meet these goals and improve the member and former Buffalo Bills Quarter- Health Service Act to improve newborn long-term health of our children. back, Jim Kelly, and his wife, Jill, after screening activities, and for other pur- I hear from many parents how scary their infant son, Hunter, was diagnosed with Krabbe (Crab a¯ ) Leukodystrophy, an inher- poses; to the Committee on Health, it is to have a sick child and to not ited, fatal, nervous system disease. Education, Labor, and Pensions. have a diagnosis. Many parents spend Mrs. CLINTON. Mr. President, today years trying to find out what is wrong The Foundation’s mission is to: Increase I am pleased to introduce the SHINE public awareness of Krabbe disease and other with their child and feel helpless. This leukodystrophies, support those afflicted and Act of 2006 with my colleague Senator legislation will make sure that current their families, identify new treatments, and GEORGE ALLEN. This legislation is crit- information on newborn screening is ultimately find a cure. ical for the health of newborns and available and accessible to health pro- children. Since 1997, Cord Blood Transplant (CBT) viders and parents. The SHINE Act will has become a viable treatment for Krabbe Each year in our Nation at least 4 provide interactive formats so that disease as well as a few other million newborns are screened and se- parents and providers can ask ques- leukodystrophies. But, CBT is only effective vere disorders are detected in 5,000 of tions and receive answers about the if the child is treated before the disease in- them. Although these numbers may newborn screening test, diagnosis, fol- flicts irreversible damage to the brain and seem small, these disorders are often low-up and treatment. nervous system. There are many other treat- life threatening and can cause mental Early treatment can prevent nega- able diseases that if not treated early will and physical disabilities if left un- tive and irreversible health outcomes cause irreversible damage. And, the number treated. Early detection by newborn for affected newborns. We should be of such diseases continues to increase with screening can lessen side effects or advancements in science and technology. We doing all we can to give every child must establish an infrastructure in our coun- completely prevent progression of born in our country the opportunity for try that not only addresses the immediate many of these disorders if medical a happy and healthy life. need, but also creates a system for expan- intervention is started early enough. I ask unanimous consent that the fol- sion. The SHINE Act will accomplish this. I am proud to say that New York has lowing letters in support of this legis- been a leader in newborn screening Hunter passed away August 5, 2005. Like lation from the March of Dimes, Hunt- thousands of other children, if he had been since 1960 when Dr. Robert Guthrie de- er’s Hope Foundation, Save Babies screened at birth, he may be living a healthy veloped the first newborn screening Through Screening Foundation, and life today. Please help these children and test. Since then, more than 10 million Blythedale Children’s Hospital be their families and pass this bill. We implore babies have been tested. In 2004, New printed in the RECORD. you to expedite the passing and imple- York expanded their newborn screening There being no objection, the mate- menting of this bill. With each day that panel from 11 to 44 conditions. These rial was ordered to be printed in the passes, children are suffering and dying need- lessly. improvements were a concerted effort RECORD, as follows: by State officials and parent advocacy SAVE BABIES THOUGH SCREENING Thank you from the bottom of our hearts. groups like the Newborn Screening FOUNDATION, INC., Sincerely, Saves Lives and Hunter’s Hope Founda- Scarsdale, NY, July 24, 2006. JACQUE WAGGONER, Board of Directors, Chair. tion. They share a common goal that Hon. HILLARY CLINTON, every child born with a treatable dis- U.S. Senate, ease should receive early diagnosis and Washington, DC. BLYTHEDALE CHILDREN’S HOSPITAL, lifesaving treatment so that they can DEAR SENATOR CLINTON: I am writing on Valhalla, NY, July 25, 2006. behalf of the Save Babies Through Screening grow up happy and healthy. Today, we Hon. HILLARY RODHAM CLINTON, Foundation to show our support for the U.S. Senate, want to ensure that the great strides Screening for Health of Infants and Washington, DC. made by New York can be a model for NEwborns (SHINE Act). As you know, our DEAR SENATOR CLINTON: We are pleased to all States and that New York can con- organization’s mission is to improve the write this letter of support for the Screening tinue to make advancements that will lives of babies by working to prevent disabil- for Health of Infants and Newborns Act of ities and early death resulting from dis- benefit the children of New York and 2006. We commend you for your leadership in around the Nation. orders detectable through newborn screen- ing. Our organization was founded in 1998 and calling for a uniform and comprehensive na- Newborn screening experts suggest tional approach to screening newborns for States should test for a minimum of 29 is the only organization solely dedicated to raising awareness in regard to newborn the full panel of core conditions rec- treatable core conditions. However, as screening. ommended by the American College of Med- of today, some States only screen for We believe that this bill will greatly en- ical Genetics and endorsed by the American seven conditions. Every child should hance the expansion of newborn screening Academy of Pediatrics. If diagnosed early, have access to tests that may prevent throughout the United States and will save these disorders, including metabolic and them from a life-threatening disease. the lives of thousands of babies—our tiniest hearing deficiency, can be managed or treat- ed to prevent severe consequences. Parents should not have to drive across citizens. Additionally, this will spare Par- State lines to improve the health of ents the agonizing pain of watching their As a hospital which provides a wide array children suffer as I can attest to first-hand. of services to children with special health their baby. This bill establishes grant With the great expansion of newborn screen- programs so that States can increase care needs, we know how important early de- ing, children will be able to live healthy and tection and treatment of conditions can be. their capacity to screen for all the core productive lives. We were particularly pleased to see the pro- conditions. Grant funds are also avail- We thank you for your vision and hard visions of this legislation which provide for a able for States like New York to ex- work. Nobody should suffer the loss or im- Central Clearinghouse of current educational pand newborn screening panels above pairment of a child when there are tests and and family support information, critical to and beyond the core conditions by de- treatment available and this bill will put an assuring a national standard of care. veloping additional newborn screening end to future suffering. Please feel free to contact me if we can be of any assistance. According to the latest March of Dimes tests. Regards, Newborn Screening Report Card, nearly two- thirds of all babies born in the United States We should expect equity within new- JILL LEVY-FISCH, born screening so that it does not mat- President. this year will be screened for more than 20 ter where your baby is born. This legis- life-threatening disorders. However, dispari- ties in state newborn screening programs lation will establish recommended HUNTER’S HOPE, guidelines for States for newborn Orchard Park, NY, July 21, 2006. mean some babies will die or develop brain damage or other severe complications from screening tests, reporting, and data Hon. HILLARY CLINTON, U.S. Senate, Washington, DC. these disorders because they are not identi- standards. Our goal should be that af- fied in time for effective treatment. fected babies be identified quickly, ba- DEAR SENATOR CLINTON: On behalf of the Hunter’s Hope Foundation, I respectively At present, the United States lacks con- bies who have the diseases should not submit this letter as our full and complete sistent national guidelines for newborn be missed, and the number of newborns support for the bill titled ‘‘Screening for screening, and each state decides how many falsely identified as sick should be Health of Infants and NEwborns (SHINE and which screening tests are required for minimized. By tracking the prevalence Act)’’. every baby. As a result, only 9 percent of all

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.076 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8281 babies are screened for all of the 29 rec- the experience. I knew at that time to Washington to talk to me and his ommended conditions. Clearly it is a wise in- that I wanted to be a part of the excite- former colleagues in the Senate about vestment to take full advantage of the infor- ment of this life on Capitol Hill and the need to strengthen this country’s mation available to detect treatable condi- government, and I didn’t know how I international understanding. As a di- tions in children. We commend you for your leadership on would ever have a chance to do it. I rect result of his work, Congress estab- this most important issue and look forward never dreamed I would run for office. lished the Abraham Lincoln Study to working with you and your colleagues to But Paul Douglas, my first mentor in Abroad Commission to develop the secure passage of this legislation. public service and political office, was framework for an international study Sincerely, there at the right moment in my life to abroad program for America’s college LARRY LEVINE, inspire me to pursue at least some as- students. I was honored to serve on this President. pect of public service. bipartisan Lincoln Commission. JUDITH WIENER GOODHUE, He introduced me to a fellow named Late last year, the Commission pub- Vice Chair, Board of Trustees, Chair, Govern- Paul Simon who later served as the ment Relations Committee. lished its report recommending the U.S. Senator from Illinois. Paul was Congress establish a study abroad pro- elected in 1984 and served until 1996. MARCH OF DIMES, gram for undergraduate students that Washington, DC, July 24, 2006. During that 12-year period of time, I would help build this global awareness Hon. HILLARY CLINTON, was a Member of the House of Rep- and international understanding. It is U.S. Senate, resentatives. For many years before, a privilege for me to introduce legisla- Washington, DC. Paul Simon had been my closest friend tion based on the recommendations of DEAR SENATOR CLINTON: On behalf of more and mentor in politics. He gave me my this Commission. than 3 million volunteers and 1,400 staff first job out of law school, when my members of the March of Dimes, I am writ- Paul Simon, like so many committed wife Loretta and I packed everything to strengthening our ability to lead by ing to thank you for introducing the we owned in a very small truck. She ‘‘Screening for Health of Infants and investing in the education of young Newborns (SHINE) Act.’’ If enacted, this leg- took the baby on a plane to fly to people, struggled with the question of islation would authorize grant programs to Springfield, IL, and I drove the truck how America could lead while so few of assist states in expanding the number of con- out with our dog sitting in the front our citizens have an appropriate ditions screened for at birth and improve the seat of my U-Haul truck with me and knowledge and understanding of the dissemination of educational resources to took my first job working for then world outside of our borders. The the public and healthcare providers. Lieutenant Governor Paul Simon. United States is a military and eco- As you know, disparities among states in I was lucky. I learned the craft of health screening at birth mean too many ba- nomic superpower, yet it is continu- politics from Paul Simon. I saw in his ously threatened by a serious lack of bies with serious birth defects are not being public service, in his public life, how diagnosed and treated in time to avoid long international competence in an age of good this job can be and how important term disability or even death. The March of growing globalization. When you travel it can be if you realize you need to be Dimes has endorsed the recommendation of overseas, you cannot help but be driven by some basic principles. Paul the American College of Medical Genetics struck by the fact that people in other Simon used to say—and I have heard that calls for every baby born in the United countries know so much more about us States to be screened for twenty-nine dis- the speech so many times; I have even orders, including certain metabolic condi- than we know about them. given it—that politics is about two Our lack of world awareness is now tions and hearing deficiency. The July 2006 things. First, people expect you to be seen as a national liability. The chal- March of Dimes newborn screening report honest, and I think he meant beyond lenges we face as Americans are in- card made clear the need for additional state dollar honesty—issue honesty; people efforts to expand programs to screen for the creasingly global in nature, and our expect you to tell them what you real- full range of the twenty-nine disorders. Spe- youth must be well prepared for its fu- ly believe rather than try to hide what cifically, only 9 percent of the babies born in ture. Our national security, inter- your beliefs might be in some political the United States were tested for all of the national economic competitiveness, double-talk. recommended conditions. The ‘‘SHINE Act’’ and diplomatic efforts in working to- will enhance state’s capacity to expand the The second thing Paul Simon says is number of screens and provide important that politics is about helping the help- ward a peaceful society rest on our newborn screening educational materials to less. He believed there is some mission global competence and ability to ap- families via the internet. to this. He was a son of a Lutheran preciate language and culture through- We at the March of Dimes are sincerely minister and a proud Christian but out the world. grateful for your efforts related to newborn reached across to other denominations Today I joined a number of our col- screening and look forward to working with leagues who walked across the Rotunda you, and others in Congress with an interest of religions for his own inspiration. He believed that helping the helpless was over to the House of Representatives in newborn screening. for a joint meeting of Congress where Sincerely, an important part of government re- the Prime Minister of Iraq, Mr. al- MARINA L. WEISS, sponsibility. Senior Vice President, Mr. President, today I am going to Maliki, spoke to us. He spoke in inspir- Public Policy & Government Affairs. introduce legislation with Senator ing terms about his goals for Iraq, an NORM COLEMAN of Minnesota. It is leg- Iraq that was based on democratic By Mr. DURBIN (for himself and islation that reflects the vision of Sen- principles, an Iraq that was based on Mr. COLEMAN): ator Paul Simon. freedom, an Iraq that was free of ter- S. 3744. A bill to establish the Abra- After the terrible attack of Sep- rorism. ham Lincoln Study Abroad Program; tember 11, 2001, Paul Simon, typical of The United States has made a major to the Committee on Foreign Rela- his outlook on the world, decided that investment in that effort. We are now tions. he could imagine a more peaceful in the fourth year of a war, a war that Mr. DURBIN. Mr. President, I am a world, even in that time of great up- has claimed over 2,569 American lives, lucky politician, a fortunate soul. I am heaval. He talked about promoting including 102 brave soldiers from my lucky that early in my political life, I peace and security through under- home State of Illinois. Over 20,000 of met two men who had a dramatic im- standing and global awareness. Specifi- our soldiers have returned with serious pact on me and on my decision to seek cally, he began to lay out a path to a injuries—2,000 of those with brain inju- public office and to be involved in pub- United States that would be populated ries and lives that will be compromised lic service. The first was a Senator by Americans who have been abroad and more challenging because they from Illinois named Paul Douglas who and have a personal connection to an- agreed to stand and serve and fight for served from 1948 to 1966 and decided in other part of the world. His vision was America and they went to Iraq and the year 1966 to hire a college intern to help prepare a generation with paid a heavy price. named DURBIN from East St. Louis, IL, greater cultural competence and real We have spent some $320 billion of who was going to school at Georgetown life experience in societies unlike our American treasure on the war in Iraq, University. That was the first time I own. and we continue to spend, by estimate, ever walked into a Senate office build- In the months before his untimely $3 billion every single week on Iraq, re- ing, and I tell you, I was swept away by death, Senator Paul Simon came back alizing that the end is not near and

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.061 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8282 CONGRESSIONAL RECORD — SENATE July 26, 2006 there is no end in sight. We hope our and religion might be very different sage, but the experience of Americans troops will start to come home soon, from ours. The bill I am introducing in other countries. I can think of no but there is no indication they will. today with Senator COLEMAN would more appropriate tribute to honor Paul Yet, the best military leaders in create a program that encourages non- Simon, a great statesman himself, than America, when they sit face to face traditional students to spend part of to establish this study abroad program. with us here in private meetings, tell their undergraduate careers in non- In the weeks before Senator Simon’s us the same thing we have heard from traditional study abroad destinations. death, Senator Simon wrote the fol- many members of this administration. It is said you never understand a coun- lowing: We will not win in Iraq a military vic- try until you visit it and you never ap- A nation cannot drift into greatness. We tory. The victory ultimately has to be preciate your home until you leave it. must dream and we must be willing to make a political victory, a victory where we small sacrifices to achieve those dreams. If I The program we envision provides di- want to improve my home, I must sacrifice a convince the Iraqi people that this is a rect fellowships to students but also little. If we want to improve our Nation and far better course to follow, to move to- provides financial incentives to col- the world, we must be willing to sacrifice a ward self-governance and democracy, leges and universities to make internal little. This major national initiative . . . can freedom and free markets, and to move policy changes that make it easier for lift our vision and responsiveness to the rest away from the days of dictatorships students to study abroad. of the world. Those who read these lines need and the thinking that led people to a We believe it is the institutional to do more than nod in agreement [Paul divisive moment in their lives. We need change that will allow the U.S. to sus- Simon wrote.] This is a battle for under- standing that you must help wage. to move away from that. tain a steady growth in the number of I ask my colleagues to join Senator It suggests, even with the strongest students who experience this learning COLEMAN and myself in this bipartisan military in the world, giving it their abroad. As we become a nation whose legislation to help keep alive Senator best efforts every single minute of citizens have studied in other coun- Paul Simon’s vision for a culturally every single day, the ultimate answer tries, we will become more under- aware and a better world. in Iraq and so many other countries is standing of the rest of the world and not a military answer. It is an answer they will come to know us better. f that brings together political and eco- We learned this with the Peace AMENDMENTS SUBMITTED AND nomic elements that ultimately will Corps. As I travel around the world, I PROPOSED spell the success of that nation. never cease to be amazed at the impact SA 4695. Mr. MARTINEZ (for Mr. GRASSLEY The capacity of the United States to which the Peace Corps has had on (for himself and Mr. BAUCUS)) proposed an lead in the 21st century, not just in countries, on small villages, and on amendment to the bill H.R. 5865, to amend Iraq but all over the world, demands people. I can recall visiting Nepal. I section 1113 of the Social Security Act to that we school new generations of went to Nepal with a former colleague temporarily increase funding for the pro- American citizens who understand the from the home State of the Presiding gram of temporary assistance for United cultural and social realities beyond Officer, Oklahoma, Mike Synar. We States citizens returned from foreign coun- tries, and for other purposes. what they have experienced here at went to a tiny little village way up in SA 4696. Mr. ALLARD submitted an home. Senator Simon understood this. the mountains outside of Kathmandu. amendment intended to be proposed by him He saw the United States as a large After we trekked up there at high alti- to the bill S. 3711, to enhance the energy community, part of an even larger tudes, out of breath, we came to this independence and security of the United world family. When he saw signs that little village and all of the people were States by providing for exploration, develop- read, ‘‘God bless America,’’ Paul Simon there. They had the third eye on their ment, and production activities for mineral used to say, ‘‘I wish they would read head. There were garlands of flowers resources in the Gulf of Mexico, and for other purposes; which was ordered to lie on ‘God bless America and the rest of the around their necks. They were dressed the table. world.’’’ in the best clothes they had, and of- SA 4697. Mr. INHOFE submitted an amend- Senator Simon was a great public fered us food. And as we sat down, they ment intended to be proposed by him to the servant. His service in Congress was ex- asked us if we knew Paul Jones, from bill S. 3711, supra; which was ordered to lie emplary. He was a man with an intrin- Pittsburgh, PA. on the table. sic sense of justice and passion for the Of course, we didn’t. But we didn’t SA 4698. Mrs. FEINSTEIN (for herself and public good. His deep convictions were Ms. CANTWELL) submitted an amendment in- want to say that right off. We said, tended to be proposed by her to the bill S. matched by a genuine zeal for the work ‘‘Who was he?’’ 3711, supra; which was ordered to lie on the he did here in Washington and back in ‘‘Well, you must know him. He was table. Illinois. our Peace Corps volunteer. He was here SA 4699. Mrs. FEINSTEIN (for herself, Ms. When he retired from the Senate, for 2 years. He made such a difference SNOWE, Mr. DURBIN, Mr. CHAFEE, Mr. INOUYE, there was a little ceremony on the in this village. You must know Paul.’’ Ms. COLLINS, Ms. CANTWELL, Mr. LAUTEN- floor of the Senate, the likes of which I made up the name, but it goes to BERG, Mrs. BOXER, Mr. MENENDEZ, Mr. this Chamber has never seen. The deci- show you that the efforts and involve- LIEBERMAN, and Mr. REED) submitted an amendment intended to be proposed by her sion was made that since Paul Simon ment of Americans overseas not only to the bill S. 3711, supra; which was ordered always wore a bow tie, that on one will help people there but will help to lie on the table. given day all of the Senators would those who live through the experience. SA 4700. Ms. SNOWE (for herself, Mrs. come to the floor wearing bow ties. To For so many Peace Corps volunteers FEINSTEIN, and Mr. KERRY) submitted an Paul’s surprise, he walked in here to that I met, it was a transformative mo- amendment intended to be proposed by her find so many of his colleagues on both ment, to serve in that Peace Corps at to the bill S. 3711, supra; which was ordered to lie on the table. sides of the aisle saluting his retire- that moment in their life and to go SA 4701. Mr. DAYTON submitted an ment by wearing his trademark bow through that experience. amendment intended to be proposed by him tie. Sending more American students for to the bill S. 3711, supra; which was ordered After he retired from the Senate, that overseas experience will not only to lie on the table. Paul Simon carried his vision and his help those students, it will help others SA 4702. Mr. DAYTON submitted an energy for leadership back to Southern around the world to see who we are. amendment intended to be proposed by him Illinois University, founding the Public Think of the battle of images going on to the bill S. 3711, supra; which was ordered to lie on the table. Policy Institute at that university in in the world today even as we speak, SA 4703. Mr. SHELBY proposed an amend- Carbondale, IL. In that role, he trained images of America that are terrible, ment to the bill S. 3549, to amend the De- future generations to understand the images that are distorted, that are fense Production Act of 1950 to strengthen values he fought for his entire life. being shown to people around the world Government review and oversight of foreign The Abraham Lincoln Study Abroad every day. And they say this is what investment in the United States, to provide Fellowship Program, which Paul America looks like when in fact it isn’t for enhanced Congressional Oversight with respect thereto, and for other purposes. Simon inspired, is designed to encour- even close to the truth. SA 4704. Mr. HARKIN (for himself, Mr. age and support the experience of We can become a nation where we use JOHNSON, Mr. BAYH, and Mr. OBAMA) sub- studying overseas in countries whose our public education system to expand mitted an amendment intended to be pro- people, culture, language, government, not only the reach of America’s mes- posed by him to the bill S. 3711, to enhance

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.087 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8283 the energy independence and security of the (1) by redesignating the second paragraph (A) section 6906 of title 31, United States United States by providing for exploration, (7) as paragraph (9); and Code; or development, and production activities for (2) by adding at the end the following new (B) any other provision of law. mineral resources in the Gulf of Mexico, and paragraph for other purposes; which was ordered to lie ‘‘(10) INFORMATION COMPARISONS AND DIS- SA 4697. Mr. INHOFE submitted an on the table. CLOSURE TO ASSIST IN ADMINISTRATION OF amendment intended to be proposed by SA 4705. Mr. HARKIN (for himself, Mr. FOOD STAMP PROGRAMS.— him to the bill S. 3711, to enhance the LUGAR, and Mr. JOHNSON) submitted an ‘‘(A) IN GENERAL.—If, for purposes of ad- energy independence and security of amendment intended to be proposed by him ministering a food stamp program under the the United States by providing for ex- to the bill S. 3711, supra; which was ordered Food Stamp Act of 1977, a State agency re- ploration, development, and production to lie on the table. sponsible for the administration of the pro- SA 4706. Mr. BAYH (for himself, Mr. gram transmits to the Secretary the names activities for mineral resources in the BROWNBACK, Mr. LIEBERMAN, Mr. COLEMAN, and social security account numbers of indi- Gulf of Mexico, and for other purposes; Mr. SALAZAR, Mr. LUGAR, Mr. OBAMA, Mr. viduals, the Secretary shall disclose to the which was ordered to lie on the table; CHAFEE, Mr. AKAKA, Mrs. CLINTON, Ms. CANT- State agency information on the individuals as follows: WELL, Ms. COLLINS, Mr. KOHL, Mr. KERRY, and their employers maintained in the Na- At the appropriate place, insert the fol- Mr. KENNEDY, Mr. GRAHAM, Mr. MENENDEZ, tional Directory of New Hires, subject to this lowing: Mr. DODD, and Mr. BINGAMAN) submitted an paragraph. SEC. lll. REFINERY PERMITTING PROCESS. amendment intended to be proposed by him ‘‘(B) CONDITION ON DISCLOSURE BY THE SEC- (a) SHORT TITLE.—This section may be to the bill S. 3711, supra; which was ordered RETARY.—The Secretary shall make a disclo- cited as the ‘‘Domestic Fuel Security Act’’. to lie on the table. sure under subparagraph (A) only to the ex- (b) DEFINITIONS.—In this section: SA 4707. Mr. BAYH (for himself, Mr. tent that the Secretary determines that the (1) ADMINISTRATOR.—The term ‘‘Adminis- BROWNBACK, Mr. LIEBERMAN, Mr. COLEMAN, disclosure would not interfere with the effec- trator’’ means the Administrator of the En- Mr. SALAZAR, Mr. LUGAR, Mr. OBAMA, Mr. tive operation of the program under this vironmental Protection Agency. CHAFEE, Mr. AKAKA, Mrs. CLINTON, Mr. DODD, part. (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Mr. KOHL, Ms. CANTWELL, Mr. KERRY, Mr. ‘‘(C) USE AND DISCLOSURE OF INFORMATION has the meaning given the term in section 4 GRAHAM, Mr. MENENDEZ, Ms. COLLINS, and BY STATE AGENCIES.— of the Indian Self-Determination and Edu- Mr. BINGAMAN) submitted an amendment in- ‘‘(i) IN GENERAL.—A State agency may not cation Assistance Act (25 U.S.C. 450b). tended to be proposed by him to the bill S. use or disclose information provided under (3) PERMIT.—The term ‘‘permit’’ means any 3711, supra; which was ordered to lie on the this paragraph except for purposes of admin- permit, license, approval, variance, or other table. istering a program referred to in subpara- form of authorization that a refiner is re- SA 4708. Mr. BAYH (for himself, Mr. graph (A). quired to obtain— BROWNBACK, Mr. LIEBERMAN, Mr. COLEMAN, ‘‘(ii) INFORMATION SECURITY.—The State (A) under any Federal law; or Mr. SALAZAR, Mr. LUGAR, Mr. OBAMA, Mr. agency shall have in effect data security and (B) from a State or Indian tribal govern- CHAFEE, Mr. AKAKA, Mrs. CLINTON, Mr. DODD, control policies that the Secretary finds ade- ment agency delegated authority by the Fed- Mr. KOHL, Ms. CANTWELL, Mr. KERRY, Mr. quate to ensure the security of information eral Government, or authorized under Fed- GRAHAM, Mr. MENENDEZ, Ms. COLLINS, and obtained under this paragraph and to ensure eral law, to issue permits. Mr. BINGAMAN) submitted an amendment in- that access to such information is restricted (4) REFINER.—The term ‘‘refiner’’ means a tended to be proposed by him to the bill S. to authorized persons for purposes of author- person that— 3711, supra; which was ordered to lie on the ized uses and disclosures. (A) owns or operates a refinery; or table. ‘‘(iii) PENALTY FOR MISUSE OF INFORMA- (B) seeks to become an owner or operator SA 4709. Mr. OBAMA (for himself, Mr. TION.—An officer or employee of the State of a refinery. LUGAR, Mr. BIDEN, Mr. BINGAMAN, Mr. COLE- agency who fails to comply with this sub- (5) REFINERY.— MAN, Mr. SPECTER, Mr. SMITH, and Mr. HAR- paragraph shall be subject to the sanctions (A) IN GENERAL.—The term ‘‘refinery’’ KIN) submitted an amendment intended to be under subsection (l)(2) to the same extent as means— proposed by him to the bill S. 3711, supra; if the officer or employee were an officer or (i) a facility at which crude oil is refined which was ordered to lie on the table. employee of the United States. into transportation fuel or other petroleum SA 4710. Mr. OBAMA (for himself and Mrs. ‘‘(D) PROCEDURAL REQUIREMENTS.—State products; and CLINTON) submitted an amendment intended agencies requesting information under this (ii) a coal liquification or coal-to-liquid fa- to be proposed by him to the bill S. 3711, paragraph shall adhere to uniform proce- cility at which coal is processed into syn- supra; which was ordered to lie on the table. dures established by the Secretary governing thetic crude oil or any other fuel. SA 4711. Mr. OBAMA (for himself and Mr. information requests and data matching (B) INCLUSIONS.—The term ‘‘refinery’’ in- LUGAR) submitted an amendment intended under this paragraph. cludes— to be proposed by him to the bill S. 3711, ‘‘(E) REIMBURSEMENT OF COSTS.—The State (i) an expansion of a refinery; supra; which was ordered to lie on the table. agency shall reimburse the Secretary, in ac- (ii) a biorefinery; and f cordance with subsection (k)(3), for the costs (iii) any facility that produces a renewable incurred by the Secretary in furnishing the fuel (as defined in section 211(o)(1) of the TEXT OF AMENDMENTS information requested under this para- Clean Air Act (42 U.S.C. 7545(o)(1)). SA 4695. Mr. MARTINEZ (for Mr. graph.’’. (6) REFINERY EXPANSION.—The term ‘‘refin- GRASSLEY (for himself and Mr. BAU- ery expansion’’ means a physical change in a Mr. ALLARD submitted an refinery that results in an increase in the ca- CUS)) proposed an amendment to the SA 4696. bill H.R. 5865, to amend section 1113 of amendment intended to be proposed by pacity of the refinery. him to the bill S. 3711, to enhance the (7) REFINERY PERMITTING AGREEMENT.—The the Social Security Act to temporarily energy independence and security of term ‘‘refinery permitting agreement’’ increase funding for the program of the United States by providing for ex- means an agreement entered into between temporary assistance to United States ploration, development, and production the Administrator and a State or Indian citizens returned from foreign coun- tribe under subsection (d). activities for mineral resources in the (8) REFINERY PROJECT.—The term ‘‘refinery tries, and for other purposes; as fol- Gulf of Mexico, and for other purposes; lows: project’’ means a project for— which was ordered to lie on the table; (A) acquisition or development of a base Strike all after the enacting clause and in- as follows: realignment and closure site for use for a re- sert On page 11, line 21, insert after ‘‘Treasury’’ finery; or SECTION 1. PAYMENTS FOR TEMPORARY ASSIST- the following: ‘‘, from which the Secretary of (B) acquisition, development, rehabilita- ANCE TO UNITED STATES CITIZENS RETURNED FROM FOREIGN COUN- the Treasury shall transfer to the Secretary tion, expansion, or improvement of refining TRIES. such amounts as are necessary to carry out operations on a base realignment and closure (a) INCREASE IN AGGREGATE PAYMENTS the payment in lieu of taxes program under site or in a community affected by a base re- LIMIT FOR FISCAL YEAR 2006.—Section 1113(d) chapter 69 of title 31, United States Code’’. alignment and closure site. of the Social Security Act (42 U.S.C. 1313(d)) On page 18, after line 17, add the following: (9) SECRETARY.—The term ‘‘Secretary’’ is amended by inserting ‘‘, except that, in (g) AVAILABILITY OF PAYMENT IN LIEU OF means the Secretary of Commerce. the case of fiscal year 2006, the total amount TAXES AMOUNTS.—Amounts made available (10) STATE.—The term ‘‘State’’ means— of such assistance provided during that fiscal for the payment in lieu of taxes program (A) a State; year shall not exceed $6,000,000’’ after ‘‘2003’’. under subsection (a)(1) shall— (B) the District of Columbia; SEC. 2. DISCLOSURE OF INFORMATION IN THE DI- (1) be made available without further ap- (C) the Commonwealth of Puerto Rico; and RECTORY OF NEW HIRES TO ASSIST propriation; (D) any other territory or possession of the ADMINISTRATION OF FOOD STAMP (2) remain available until expended; and United States. PROGRAMS. (3) be in addition to any amounts made (c) ECONOMIC DEVELOPMENT ASSISTANCE TO Section 453(j) of the Social Security Act (42 available for the payment in lieu of taxes ENCOURAGE PETROLEUM-BASED REFINERY AC- U.S.C. 653(j)) is amended— program under— TIVITY ON BRAC PROPERTY.—

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.063 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8284 CONGRESSIONAL RECORD — SENATE July 26, 2006

(1) PRIORITY.—Notwithstanding section 206 (ii) technical, legal, and other assistance in other than any permits that are not ap- of the Public Works and Economic Develop- complying with the refinery permitting proved. ment Act of 1965 (42 U.S.C. 3146), in awarding agreement. (10) SAVINGS.—Nothing in this subsection funds made available to carry out section (3) AGREEMENT BY THE STATE.—Under a re- affects the operation or implementation of 209(c)(1) of that Act (42 U.S.C. 3149(c)(1)) pur- finery permitting agreement, a State or gov- otherwise applicable law regarding permits suant to section 702 of that Act (42 U.S.C. erning body of an Indian tribe shall agree necessary for the construction and operation 3232), the Secretary and the Economic Devel- that— of a refinery. opment Administration shall give priority to (A) the Administrator shall have each of (11) CONSULTATION WITH LOCAL GOVERN- refinery projects. the authorities described in paragraph (2); MENTS.—Congress encourages the Adminis- (2) FEDERAL SHARE.—Except as provided in and trator, States, and tribal governments to paragraph (3)(C)(ii) and notwithstanding the (B) each State or Indian tribal government consult, to the maximum extent practicable, Public Works and Economic Development agency shall— with local governments in carrying out this Act of 1965 (42 U.S.C. 3121 et seq.), the Fed- (i) in accordance with State law, make subsection. eral share of a refinery project shall be 80 such structural and operational changes in (12) AUTHORIZATION OF APPROPRIATIONS.— percent of the project cost. the agencies as are necessary to enable the There are authorized to be appropriated such agencies to carry out consolidated project- (3) ADDITIONAL AWARD.— sums as are necessary to carry out this sub- wide permit reviews concurrently and in co- (A) IN GENERAL.—The Secretary shall make section. an additional award in connection with a ordination with the Environmental Protec- (13) EFFECT ON LOCAL AUTHORITY.—Nothing tion Agency and other Federal agencies; and grant made to a recipient for a refinery in this subsection affects— (ii) comply, to the maximum extent prac- project. (A) the authority of a local government ticable, with the applicable schedule estab- with respect to the issuance of permits; or (B) AMOUNT.—The amount of an additional lished under paragraph (2)(A)(ii). award shall be 10 percent of the amount of (B) any requirement or ordinance of a local (4) INTERDISCIPLINARY APPROACH.— the grant for the refinery project. government (such as a zoning regulation). (A) IN GENERAL.—The Administrator and a (e) EFFICIENCY.— (C) USE.—An additional award under this State or governing body of an Indian tribe (1) NATURAL GAS EFFICIENCY PROJECTS.— paragraph shall be used— shall incorporate an interdisciplinary ap- (A) IN GENERAL.—Not later than 180 days (i) to carry out any eligible purpose under proach, to the maximum extent practicable, after the date of enactment of this Act, the the Public Works and Economic Develop- in the development, review, and approval of Administrator shall solicit applications from ment Act of 1965 (42 U.S.C. 3121 et seq.); permits subject to this subsection. eligible entities, as determined by the Ad- (ii) notwithstanding section 204 of that Act (B) OPTIONS.—Among other options, the ministrator, for grants under the Natural (42 U.S.C. 3144), to pay up to 100 percent of interdisciplinary approach may include use Gas STAR Program under the Environ- the cost of an eligible project or activity of— mental Protection Agency to pay the Fed- under that Act; or (i) environmental management practices; eral share of the cost of projects relating to (iii) to meet the non-Federal share require- and the reduction of methane emissions in the ments of that Act or any other Act. (ii) third party contractors. oil and gas industries. (D) NON-FEDERAL SOURCE.—For the purpose (5) DEADLINES.— (B) PROJECT INCLUSIONS.—To receive a of subparagraph (C)(iii), an additional award (A) NEW REFINERIES.—In the case of a con- grant under subparagraph (A), the applica- shall be treated as funds from a non-Federal solidated permit for the construction of a tion of the eligible entity shall include— source. new refinery, the Administrator and the (i) an identification of 1 or more tech- (E) FUNDING.—The Secretary shall use to State or governing body of an Indian tribe nologies used to achieve a reduction in the carry out this paragraph any amounts made shall approve or disapprove the consolidated emission of methane; and available for economic development assist- permit not later than— (ii) an analysis of the cost-effectiveness of ance programs or under section 702 of that (i) 360 days after the date of the receipt of a technology described in clause (i). Act (42 U.S.C. 3232). the administratively complete application (C) LIMITATION.—A grant to an eligible en- for the consolidated permit; or (d) STREAMLINING OF REFINERY PERMITTING tity under this paragraph shall not exceed (ii) on agreement of the applicant, the Ad- PROCESS.— $50,000. ministrator, and the State or governing body (D) FEDERAL SHARE.—The Federal share of (1) IN GENERAL.—At the request of the Gov- of the Indian tribe, 90 days after the expira- ernor of a State or the governing body of an the cost of a project under this paragraph tion of the deadline established under clause shall not exceed 50 percent. Indian tribe, the Administrator shall enter (i). into a refinery permitting agreement with (E) AUTHORIZATION OF APPROPRIATIONS.— (B) EXPANSION OF EXISTING REFINERIES.—In There is authorized to be appropriated to the State or Indian tribe under which the the case of a consolidated permit for the ex- process for obtaining all permits necessary carry out this paragraph $1,000,000 for the pe- pansion of an existing refinery, the Adminis- riod of fiscal years 2006 through 2010. for the construction and operation of a refin- trator and the State or governing body of an (2) EFFICIENCY PROMOTION WORKSHOPS.— ery shall be streamlined using a systematic Indian tribe shall approve or disapprove the (A) IN GENERAL.—The Administrator, in interdisciplinary multimedia approach as consolidated permit not later than— conjunction with the Interstate Oil and Gas provided in this section. (i) 120 days after the date of the receipt of Compact Commission, shall conduct a series (2) AUTHORITY OF ADMINISTRATOR.—Under a the administratively complete application of technical workshops to provide informa- refinery permitting agreement— for the consolidated permit; or tion to officials in oil- and gas-producing (A) the Administrator shall have author- (ii) on agreement of the applicant, the Ad- States relating to methane emission reduc- ity, as applicable and necessary, to— ministrator, and the State or governing body tion techniques. (i) accept from a refiner a consolidated ap- of the Indian tribe, 30 days after the expira- (B) AUTHORIZATION OF APPROPRIATIONS.— plication for all permits that the refiner is tion of the deadline established under clause There is authorized to be appropriated to required to obtain to construct and operate a (i). carry out this paragraph $1,000,000 for the pe- refinery; (6) FEDERAL AGENCIES.—Each Federal agen- riod of fiscal years 2006 through 2010. (ii) in consultation and cooperation with cy that is required to make any determina- (f) FUEL EMERGENCY WAIVERS.—Section each Federal, State, or Indian tribal govern- tion to authorize the issuance of a permit 211(c)(4)(C) of the Clean Air Act (42 U.S.C. ment agency that is required to make any shall comply with the applicable schedule es- 7545(c)(4)(C)) (as amended by section 1541 of determination to authorize the issuance of a tablished under paragraph (2)(A)(ii). the Energy Policy Act of 2005 (Public Law permit, establish a schedule under which (7) JUDICIAL REVIEW.—Any civil action for 109–58; 119 Stat. 1106)) is amended— each agency shall— review of any permit determination under a (1) by redesignating the first clause (v) as (I) concurrently consider, to the maximum refinery permitting agreement shall be clause (vi); extent practicable, each determination to be brought exclusively in the United States dis- (2) by redesignating the second clause (v) made; and trict court for the district in which the refin- as clause (vii); and (II) complete each step in the permitting ery is located or proposed to be located. (3) by inserting after clause (iv) the fol- process; and (8) EFFICIENT PERMIT REVIEW.—In order to lowing: (iii) issue a consolidated permit that com- reduce the duplication of procedures, the Ad- ‘‘(v) A State shall be held harmless and not bines all permits issued under the schedule ministrator shall use State permitting and be required to revise its State implementa- established under clause (ii); and monitoring procedures to satisfy substan- tion plan under section 110 to account for the (B) the Administrator shall provide to tially equivalent Federal requirements under emissions from a waiver granted by the Ad- State and Indian tribal government agen- this title. ministrator under clause (ii).’’. cies— (9) SEVERABILITY.—If 1 or more permits (g) PROCUREMENT OF FUEL DERIVED FROM (i) financial assistance in such amounts as that are required for the construction or op- COAL, OIL SHALE, AND TAR SANDS.— the agencies reasonably require to hire such eration of a refinery are not approved on or (1) DEFINITIONS.—In this subsection: additional personnel as are necessary to en- before any deadline established under para- (A) COAL-TO-LIQUID.—The term ‘‘coal-to- able the government agencies to comply graph (5), the Administrator may issue a liquid’’ means— with the applicable schedule established consolidated permit that combines all other (i) with respect to a process or technology, under subparagraph (A)(ii); and permits that the refiner is required to obtain the use of the coal resources of the United

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.065 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8285

States, using the class of chemical reactions (2) GUIDANCE AND TECHNICAL SUPPORT.—The Code, is amended by inserting ‘‘or ‘flexible known as Fischer-Tropsch, to produce syn- Administrator shall, to the extent necessary, fuel vehicle’’’ after ‘‘ ‘dual fueled auto- thetic fuel suitable for transportation; and issue any guidance or technical support doc- mobile’’’. (ii) with respect to a facility, the portion uments that would facilitate the effective (3) CLERICAL AMENDMENT.—The table of of a facility related to the Fischer-Tropsch use and associated benefit of Fischer- sections for chapter 329 of title 49, United process, Fischer-Tropsch finished fuel pro- Tropsch fuel and blends. States Code, is amended by inserting after duction, or the capture, transportation, or (3) REQUIREMENTS.—The program described the item relating to section 32902 the fol- sequestration of byproducts of the use of in paragraph (1) shall consider— lowing: coal at the Fischer-Tropsch facility, includ- (A) the use of neat (100 percent) Fischer- ‘‘Sec. 32902A. Requirements to manufacture ing carbon emissions. Tropsch fuel and blends with conventional flexible fuel vehicles.’’. (B) COVERED FUEL.—The term ‘‘covered crude oil-derived fuel for heavy-duty and (b) RULEMAKING.— fuel’’ means fuel that is— light-duty diesel engines and the aviation (1) IN GENERAL.—Not later than 1 year after (i) produced, in whole or in part, from coal, sector; and the date of the enactment of this Act, the oil shale, or tar sands; (B) the production costs associated with Secretary of Transportation shall issue regu- (ii) extracted by mining or in-situ meth- domestic production of those ultra clean fuel lations to carry out the amendments made ods; and and prices for consumers. by subsection (a). (iii) refined or otherwise processed in the (4) REPORTS.—The Administrator shall sub- (2) HARDSHIP EXEMPTION.—The regulations United States. mit to the Committee on Environment and issued pursuant to paragraph (1) shall in- (C) SECRETARY.—The term ‘‘Secretary’’ Public Works of the Senate and the Com- clude a process by which a manufacturer means the Secretary of Defense. mittee on Energy and Commerce of the may be exempted from the requirement (2) USE OF FUEL TO MEET DEPARTMENT OF House of Representatives— under section 32902A(a) upon demonstrating DEFENSE NEEDS.—The Secretary shall develop (A) not later than October 1, 2006, an in- that such requirement would create a sub- a strategy to use covered fuel to assist in terim report on actions taken to carry out stantial economic hardship for the manufac- meeting the fuel requirements of the Depart- this subsection; and turer. ment of Defense at any time at which the (B) not later than December 1, 2007, a final Secretary determines that the use of covered report on actions taken to carry out this SEC. 7. ALTERNATIVE FUELS INFRASTRUCTURE. fuel would be in the national interest. subsection. (a) GOAL.—Congress declares that it is the (3) PROCUREMENT AUTHORITY.— goal of the United States to increase the ac- (A) IN GENERAL.—The Secretary may enter SA 4698. Mrs. FEINSTEIN (for herself cessibility of alternative fuels to retail con- into 1 or more contracts or other agreements and Ms. CANTWELL) submitted an sumers, and to ensure that at least 10 per- that meet the requirements of this sub- amendment intended to be proposed by cent of motor vehicle refueling stations pro- section to procure covered fuel to meet 1 or her to the bill S. 3711, to enhance the vide alternative fuels, by calendar year 2015. more fuel requirements of the Department of energy independence and security of (b) ALTERNATIVE FUEL INFRASTRUCTURE Defense. the United States by providing for ex- INITIATIVE.— (B) COAL-TO-LIQUID PRODUCTION FACILI- ploration, development, and production (1) IN GENERAL.—Not later than 1 year after TIES.— the date of enactment of this Act, and every (i) IN GENERAL.—The Secretary may enter activities for mineral resources in the 2 years thereafter, the Secretary of Energy, into contracts or other agreements with pri- Gulf of Mexico, and for other purposes; in coordination with the Secretary of Trans- vate and other entities to develop and oper- which was ordered to lie on the table; portation and the Administrator of the Envi- ate coal-to-liquid facilities on or near mili- as follows: ronmental Protection Agency, and in con- tary installations. At the end of the bill, add the following: sultation with State and local governments, (ii) CONSIDERATIONS.—In entering into con- shall— tracts and other agreements under clause (i), SEC. 6. ENSURING AVAILABILITY OF FLEXIBLE FUEL VEHICLES. (A) subject to subparagraph (B), develop the Secretary shall consider land avail- (a) AMENDMENT.— and implement measures to increase the ac- ability, testing opportunities, and proximity (1) IN GENERAL.—Chapter 329 of title 49, cessibility of alternative fuels to retail con- of raw materials. United States Code, is amended by inserting sumers to a level sufficient to ensure that at (4) CLEAN FUEL REQUIREMENTS.—A covered after section 32902 the following: least 10 percent of motor vehicle refueling fuel may be procured under this subsection stations provide alternative fuels by cal- ‘‘§ 32902A. Requirement to manufacture flexi- only if the covered fuel meets such standards endar year 2015; and ble fuel vehicles for clean fuel produced from domestic (B) if the Secretary of Energy determines sources as the Secretary, in consultation ‘‘(a) IN GENERAL.—For each model year, that there are insufficient legal authorities with the Secretary of Energy, shall establish each manufacturer of new motor vehicles (as to achieve the target for calendar year 2015 for purposes of this subsection. defined under section 30(c)(2) of the Internal described in subparagraph (A)— (5) LONG-TERM CONTRACT AUTHORITY.—The Revenue Code of 1986) described in subsection (i) develop and implement measures to in- Secretary may enter into any contract or (b) shall ensure that the percentage of such crease the accessibility of alternative fuels other agreement under this subsection for a vehicles manufactured in a particular model to retail consumers, to the maximum extent period of up to 25 years. year that are flexible fuel vehicles shall be practicable; and (6) FUEL SOURCE ANALYSIS.—To facilitate not less than the percentage set forth for (ii) submit to Congress by January 1, 2008, the procurement by the Department of De- that model year in the following table: proposed legislation or other recommenda- fense of covered fuel under this subsection, tions to achieve that target. the Secretary may carry out a comprehen- The percentage of (2) REQUIREMENT FOR MAJOR INTEGRATED sive assessment of current and potential lo- ‘‘If the model year is: flexible fuel vehicles OIL COMPANIES.— cations in the United States for the supply of shall be: (A) IN GENERAL.—Each major integrated oil covered fuel to the Department of Defense. company shall install and make available to 2010 ...... 25 percent (7) AUTHORIZATION OF APPROPRIATIONS.— retail consumers alternative fuels refueling 2020 ...... 50 percent There are authorized to be appropriated such infrastructure at— sums as are necessary to carry out this sub- ‘‘(b) MOTOR VEHICLES DESCRIBED.—A motor (i) not less than 50 percent of the motor ve- section. vehicle is described in this subsection if the hicle fueling stations owned by the company (h) FISCHER-TROPSCH FUELS.— vehicle— by not later than December 31, 2010; and (1) IN GENERAL.—In cooperation with the ‘‘(1) is capable of operating on gasoline or (ii) 100 percent of the motor vehicle refuel- Secretary of Energy, the Secretary of De- diesel fuel; ing stations owned by the company by not fense, the Administrator of the Federal Avia- ‘‘(2) is distributed in interstate commerce later than January 1, 2015. tion Administration, Secretary of Health for sale in the United States; and (B) MEANS OF COMPLIANCE.—A major inte- and Human Services, and Fischer-Tropsch ‘‘(3) does not contain certain engines that grated oil company shall meet the require- industry representatives, the Administrator the Secretary of Transportation, in consulta- ments of subparagraph (A) by— shall— tion with the Administrator of the Environ- (i) installing alternative refueling infra- (A) conduct a research and demonstration mental Protection Agency and the Secretary structure at motor vehicle fueling stations; program to evaluate the air quality benefits of Energy, may temporarily exclude from the (ii) purchasing alternative refueling infra- of ultra-clean Fischer-Tropsch transpor- definition because it is technologically infea- structure credits issued under subparagraph tation fuel, including diesel and jet fuel; sible for the engines to have flexible fuel ca- (C); or (B) evaluate the use of ultra-clean Fischer- pability at any time during a period that the (iii) carrying out a combination of the ac- Tropsch transportation fuel as a mechanism Secretaries and the Administrator are en- tions described in clauses (i) and (ii). for reducing engine exhaust emissions; and gaged in an active research program with the (C) ALTERNATIVE REFUELING INFRASTRUC- (C) submit recommendations to Congress vehicle manufacturers to develop that capa- TURE CREDIT TRADING PROGRAM.—Not later on the most effective use and associated ben- bility for the engines.’’. than 180 days after the date of enactment of efits of these ultra-clean fuel for reducing (2) DEFINITION OF FLEXIBLE FUEL VEHICLE.— this Act, the Secretary shall establish a public exposure to exhaust emissions. Section 32901(8) of title 49, United States credit trading program—

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.065 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8286 CONGRESSIONAL RECORD — SENATE July 26, 2006 (i) to permit a major integrated oil com- maximum feasible average fuel economy (i) by redesignating paragraphs (12) pany that does not install alternative refuel- level established by regulations prescribed through (16) as paragraphs (13) through (17), ing infrastructure to comply with subpara- under subsection (c), the minimum fleetwide respectively; and graphs (A) and (B) to achieve that compli- average fuel economy standard for passenger (ii) by inserting after paragraph (11) the ance by purchasing sufficient alternative re- automobiles manufactured by a manufac- following: fueling infrastructure credits; and turer in a model year for the domestic fleet ‘‘(12) ‘light truck’ means an automobile (ii) under which the Secretary shall issue and foreign fleet of the manufacturer, as cal- that the Secretary determines by regula- alternative refueling infrastructure credits culated under section 32904 of this title (as in tion— to entities that install new alternative re- effect before the date of enactment of the ‘‘(A) is manufactured primarily for trans- fueling infrastructure. Gulf of Mexico Energy Security Act of 2006), porting not more than 10 individuals; shall be the greater of— ‘‘(B) is rated at not more than 10,000 SA 4699. Mrs. FEINSTEIN (for her- ‘‘(A) 27.5 miles per gallon; or pounds gross vehicle weight; self, Ms. SNOWE, Mr. DURBIN, Mr. ‘‘(B) 92 percent of the average fuel econ- ‘‘(C) is not a passenger automobile; and CHAFEE, Mr. INOUYE, Ms. COLLINS, Ms. omy projected by the Secretary for the com- ‘‘(D) is not a work truck.’’. CANTWELL, Mr. LAUTENBERG, Mrs. bined domestic and foreign fleets manufac- (B) DEADLINE FOR REGULATIONS.—The Sec- BOXER, Mr. MENENDEZ, Mr. LIEBERMAN, tured by all manufacturers in that model retary of Transportation— and Mr. REED) submitted an amend- year. (i) shall issue proposed regulations imple- ment intended to be proposed by her to ‘‘(5) DEADLINE FOR REGULATIONS.—The Sec- menting the amendment made by subpara- the bill S. 3711, to enhance the energy retary shall promulgate the regulations re- graph (A) not later than 1 year after the date independence and security of the quired by paragraphs (1) and (2) in final form of enactment of this Act; and not later than 18 months after the date of en- (ii) shall issue final regulations imple- United States by providing for explo- actment of the Gulf of Mexico Energy Secu- menting that amendment not later than 18 ration, development, and production rity Act of 2006.’’. months after the date of enactment of this activities for mineral resources in the Act. Gulf of Mexico, and for other purposes; (b) PASSENGER CAR PROGRAM REFORM.— Section 32902 of title 49, United States Code, (C) EFFECTIVE DATE.—Regulations pre- scribed under subparagraph (A) shall apply which was ordered to lie on the table; is amended— beginning with model year 2009. as follows: (1) in subsection (a), by striking the last (2) APPLICABILITY OF EXISTING STAND- At the end, add the following: sentence; and ARDS.—This section does not affect the appli- SEC. ll. AUTOMOBILE FUEL ECONOMY AND (2) in subsection (c)— cation of section 32902 of title 49, United SAFETY; REDUCTION IN GREEN- (A) by striking paragraph (2); and States Code, to passenger automobiles or HOUSE GAS EMISSIONS AND DE- (B) in paragraph (1)— PENDENCE ON FOREIGN OIL. non-passenger automobiles manufactured be- (i) in the first sentence— (a) AVERAGE FUEL ECONOMY STANDARDS fore model year 2009. (I) by striking ‘‘(1) Subject to paragraph (2) FOR PASSENGER AUTOMOBILES AND LIGHT (3) AUTHORIZATION OF APPROPRIATIONS.— of this subsection’’ and inserting the fol- TRUCKS.— There are authorized to be appropriated to lowing: (1) INCREASED STANDARDS.—Section 32902 of the Secretary of Transportation to carry out ‘‘(1) IN GENERAL.—Not later than 18 months title 49, United States Code, is amended— chapter 329 of title 49, United States Code, before the beginning of each model year’’; (A) in subsection (a)— $25,000,000 for each of fiscal years 2007 and (i) by striking the subsection heading and through 2019. (II) by striking ‘‘the standard under sub- inserting ‘‘PRESCRIPTION OF STANDARDS BY (e) ENSURING SAFETY OF PASSENGER AUTO- section (b) of this section’’ and inserting ‘‘a REGULATION.—’’; and MOBILES AND LIGHT TRUCKS.— standard under subsection (b)’’; and (ii) by striking ‘‘(except passenger auto- (1) IN GENERAL.—The Secretary of Trans- (ii) in the second sentence— mobiles)’’ and inserting ‘‘(except passenger portation shall exercise such authority (I) by striking ‘‘Section’’ and inserting the automobiles and light trucks)’’; and under Federal law as the Secretary may have following: (B) by striking subsection (b) and inserting to ensure that— ‘‘(2) AMENDMENTS.—Section’’; and the following: (A) passenger automobiles and light trucks (II) by striking ‘‘the standard’’ and insert- ‘‘(b) STANDARDS FOR PASSENGER AUTO- (as those terms are defined in section 32901 of ing ‘‘any standard prescribed under sub- MOBILES AND LIGHT TRUCKS.— title 49, United States Code) are safe; section (b)’’. ‘‘(1) IN GENERAL.—The Secretary of Trans- (B) progress is made in improving the over- portation, after consultation with the Ad- (c) DEFINITION OF WORK TRUCK.— all safety of passenger automobiles and light ministrator of the Environmental Protection (1) DEFINITION OF WORK TRUCK.—Section trucks; and Agency, shall prescribe average fuel econ- 32901(a) of title 49, United States Code, is (C) progress is made in maximizing United omy standards for passenger automobiles amended by adding at the end the following: States employment. and light trucks manufactured by a manu- ‘‘(18) ‘work truck’ means an automobile (2) VEHICLE SAFETY.—Subchapter II of facturer in each model year beginning with that the Secretary determines by regula- chapter 301 of title 49, United States Code, is model year 2009 in order to achieve a com- tion— amended by adding at the end the following: bined average fuel economy standard for pas- ‘‘(A) is rated at between 8,500 and 10,000 senger automobiles and light trucks for ‘‘§ 30129. Vehicle compatibility and pounds gross vehicle weight; and aggressivity reduction standard model year 2017 of at least 35 miles per gal- ‘‘(B) is not a medium duty passenger vehi- ‘‘(a) STANDARDS.—The Secretary of Trans- lon, or such other number as the Secretary cle, as defined in section 86.1803–01 of title 40, portation shall issue a motor vehicle safety may prescribe under subsection (c). Code of Federal Regulations (or a successor standard to reduce vehicle incompatibility ‘‘(2) ELIMINATION OF SUV LOOPHOLE.—Begin- regulation).’’. ning not later than with model year 2011, the and aggressivity between passenger vehicles (2) DEADLINE FOR REGULATIONS.—The Sec- and non-passenger vehicles. The standard regulations prescribed under this section retary of Transportation— may not make any distinction between pas- shall address characteristics necessary to en- (A) shall issue proposed regulations imple- senger automobiles and light trucks. sure better management of crash forces in menting the amendment made by subsection ‘‘(3) PROGRESS TOWARD STANDARD RE- multiple vehicle frontal and side impact (a) not later than 1 year after the date of en- QUIRED.—In prescribing average fuel econ- crashes between different types, sizes, and actment of this Act; and omy standards under paragraph (1), the Sec- weights of vehicles with a gross vehicle (B) shall issue final regulations imple- retary shall prescribe appropriate annual weight of 10,000 pounds or less in order to de- menting that amendment not later than 18 fuel economy standard increases for pas- crease occupant deaths and injuries. months after the date of enactment of this senger automobiles and light trucks that— ‘‘(b) CONSUMER INFORMATION.—The Sec- Act. ‘‘(A) increase the applicable average fuel retary shall develop and implement a public UEL ECONOMY STANDARDS FOR WORK economy standard ratably beginning with (3) F information side and frontal compatibility model year 2009 and ending with model year TRUCKS.—The Secretary of Transportation, crash test program with vehicle ratings 2017; and in consultation with the Administrator of based on risks to occupants, risks to other ‘‘(B) require that each manufacturer the Environmental Protection Agency, shall motorists, and combined risks by vehicle achieve— prescribe standards to achieve the maximum make and model.’’. feasible fuel economy for work trucks (as de- ‘‘(i) a fuel economy standard for passenger (3) RULEMAKING DEADLINES.— fined in section 32901(a)(18) of title 49, United automobiles manufactured by that manufac- (A) RULEMAKING.—The Secretary of Trans- turer of at least 31.1 miles per gallon not States Code) manufactured by a manufac- portation shall issue— later than model year 2009; and turer in each model year beginning in model (i) a notice of a proposed rulemaking under ‘‘(ii) a fuel economy standard for light year 2011. section 30129 of title 49, United States Code, trucks manufactured by that manufacturer (d) DEFINITION OF LIGHT TRUCK.— not later than January 1, 2008; and of at least 23.6 miles per gallon not later (1) DEFINITION.— (ii) a final rule under that section not later than model year 2009. (A) IN GENERAL.—Section 32901(a) of title than December 31, 2009. ‘‘(4) FUEL ECONOMY BASELINE FOR PAS- 49, United States Code (as amended by sub- (B) EFFECTIVE DATE OF REQUIREMENTS.— SENGER AUTOMOBILES.—Notwithstanding the section (c)), is amended— Any requirement imposed under the final

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.066 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8287 rule issued under subparagraph (A) shall be- Agency, shall prescribe a fuel economy (2) in subsection (b)— come fully effective not later than Sep- standard for passenger automobiles and light (A) in paragraph (1)— tember 1, 2012. trucks manufactured by a manufacturer in (i) by redesignating subparagraph (F) as (4) CONFORMING AMENDMENT.—The chapter each model year beginning with model year subparagraph (H); and analysis for chapter 301 is amended by in- 2013 that requires each such automobile and (ii) by inserting after subparagraph (E) the serting after the item relating to section light truck to be equipped with— following: 30128 the following: ‘‘(1) an onboard electronic instrument that ‘‘(F) A label (or a logo imprinted on a label ‘‘30129. Vehicle compatibility and provides real-time and cumulative fuel econ- required by this paragraph) that— aggressivity reduction stand- omy data; ‘‘(i) reflects the performance of an auto- ard’’. ‘‘(2) an onboard electronic instrument that mobile on the basis of criteria developed by (f) TRUTH IN FUEL ECONOMY TESTING.— signals a driver when inadequate tire pres- the Administrator to reflect the fuel econ- (1) IN GENERAL.—The Administrator of the sure may be affecting fuel economy; and omy and greenhouse gas and other emissions ‘‘(3) a device that will allow drivers to Environmental Protection Agency, in con- consequences of operating the automobile place the automobile or light truck in a sultation with the Secretary of Transpor- over its likely useful life; mode that will automatically produce great- tation, shall use, as appropriate, existing ‘‘(ii) permits consumers to compare per- emission test cycles and updated adjustment er fuel economy. formance results under clause (i) among all factors to update and revise the process used ‘‘(b) EXCEPTION.—Subsection (a) does not passenger automobiles and light duty trucks; to determine fuel economy values for label- apply to any vehicle that is not subject to an and ing purposes as described in sections 600.209– average fuel economy standard under section ‘‘(iii) is designed to encourage the manu- 85 and 600.209–95 of title 40, Code of Federal 32902(b). facture and sale of passenger automobiles Regulations (or successor regulations), to ‘‘(c) ENFORCEMENT.—Subchapter IV of take into consideration current factors, such chapter 301 of this title shall apply to a fuel and light trucks that meet or exceed applica- as— economy standard prescribed under sub- ble fuel economy standards under section (A) speed limits; section (a) to the same extent and in the 32902. (B) acceleration rates; same manner as if that standard were a ‘‘(G) A fuelstar under paragraph (5).’’; and (C) braking; motor vehicle safety standard under chapter (B) by adding at the end the following: (D) variations in weather and temperature; 301.’’. ‘‘(4) GREEN LABEL PROGRAM.— (E) vehicle load; (2) CONFORMING AMENDMENT.—The chapter ‘‘(A) MARKETING ANALYSIS.—Not later than (F) use of air conditioning; analysis for chapter 329 of title 49, United 2 years after the date of enactment of the (G) driving patterns; and States Code (as amended by subsection (e)), Gulf of Mexico Energy Security Act of 2006, (H) the use of other fuel-consuming fea- is amended by inserting after the item relat- the Administrator shall complete a study of tures. ing to section 32920 the following: social marketing strategies with the goal of (2) LABELS FOR FUEL ECONOMY MODE DE- ‘‘32921. Fuel economy indicators and de- maximizing consumer understanding of VICES.—The Administrator of the Environ- vices’’. point-of-sale labels or logos described in mental Protection Agency shall include fuel (h) SECRETARY OF TRANSPORTATION TO CER- paragraph (1)(F). economy label information for all fuel econ- TIFY BENEFITS.—Beginning with model year ‘‘(B) ELIGIBILITY.—Not later than 3 years omy modes provided by devices described in 2009, the Secretary of Transportation, in con- after the date of enactment of the Gulf of paragraph (1). sultation with the Administrator of the En- Mexico Energy Security Act of 2006, the Ad- (3) DEADLINE.—In carrying out paragraph vironmental Protection Agency, shall deter- ministrator shall issue requirements for the (1), the Administrator shall— mine and certify annually to Congress, in ac- label or logo required by paragraph (1)(F) to (A) issue a notice of proposed rulemaking, cordance with the average fuel economy ensure that a passenger automobile or light or amend the notice of proposed rulemaking standards under section 32902 of title 49, truck is not eligible for the label or logo un- for Docket Id. No. OAR–2003–0214, not later United States Code— less it— than 90 days after the date of enactment of (1) the annual reduction in United States ‘‘(i) meets or exceeds the applicable fuel this Act; and consumption of gasoline or petroleum dis- economy standard; or (B) promulgate a final rule not later than tillates used for vehicle fuel, and ‘‘(ii) will have the lowest greenhouse gas 180 days after the date on which the notice (2) the annual reduction in greenhouse gas emissions over the useful life of the vehicle under subparagraph (A) is issued. emissions, of all vehicles in the vehicle class to which it (4) USE OF COMMON MEASUREMENTS FOR LA- (i) CREDIT TRADING PROGRAM.—Section belongs in that model year. BELING AND COMPLIANCE TESTING.—Section 32903 of title 49, United States Code, is ‘‘(C) CRITERIA.—In developing criteria for 32904 of title 49, United States Code, is amended— the label or logo, the Administrator shall amended by striking subsection (c) and in- (1) in subsections (a) through (d), by strik- also consider, among others as appropriate, serting the following: ing ‘‘passenger’’ each place it appears; the following factors: ‘‘(c) TESTING AND CALCULATION PROCE- (2) in subsections (a), (b), and (c), by strik- ‘‘(i) The recyclability of the automobile. DURES.—The Administrator shall measure ing ‘‘section 32902(b)–(d) of this title’’ each ‘‘(ii) Any other pollutants or harmful by- fuel economy for each model and calculate place it appears and inserting ‘‘subsection products related to the automobile, which average fuel economy for a manufacturer (a), (c), or (d) of section 32902’’; may include those generated during manu- using the same procedures and factors used (3) in subsection (a)(2), by striking ‘‘clause facture of the automobile, those issued dur- by the Administrator for labeling purposes (1) of this subsection’’ and inserting ‘‘para- under section 32908 by model year 2015.’’. ing use of the automobile, or those generated graph (1)’’; and after the automobile ceases to be operated. (5) REEVALUATION AND REPORT.—Not later (4) by striking subsection (e) and inserting ‘‘(5) FUELSTAR PROGRAM.— than 3 years after the date of promulgation the following: of the final rule under paragraph (3)(B), and ‘‘(A) IN GENERAL.—The Secretary shall es- ‘‘(e) CREDIT TRADING AMONG MANUFACTUR- tablish a program, to be known as the triennially thereafter, the Administrator ERS.—The Secretary of Transportation may ‘fuelstar’ program, under which stars shall shall— establish, by regulation, a corporate average be imprinted on or attached to the label re- (A) reevaluate the fuel economy labeling fuel economy credit trading program to quired by paragraph (1). procedures described in paragraphs (2) and (4) allow manufacturers whose automobiles ex- ‘‘(B) GREEN STARS.—Under the program a to determine whether changes in the factors ceed the average fuel economy standards manufacturer may place green stars on the used to establish the labeling procedures prescribed under section 32902 of this title to warrant a revision of that process; and earn credits to be sold to manufacturers label maintained on an automobile under (B) submit a report to the Committee on whose automobiles fail to achieve the pre- paragraph (1) as follows: Commerce, Science, and Transportation of scribed standards.’’. ‘‘(i) 1 green star for any automobile that the Senate and the Committee on Energy (j) REPORT TO CONGRESS.—Not later than meets the average fuel economy standard for and Commerce of the House of Representa- December 31, 2012, the Secretary of Transpor- the model year under section 32902. tives that describes the results of the re- tation shall submit to Congress a report on ‘‘(ii) 1 additional green star for each 2 evaluation process. the progress made by the automobile manu- miles per gallon by which the automobile ex- (g) ONBOARD FUEL ECONOMY INDICATORS facturing industry towards meeting the 35 ceeds that standard. AND DEVICES.— miles per gallon average fuel economy stand- ‘‘(C) GOLD STARS.—Under the program a (1) IN GENERAL.—Chapter 329 of title 49, ard required under section 32902(b)(4) of title manufacturer may place a gold star on the United States Code (as amended by sub- 49, United States Code. label maintained on an automobile under section (e)), is further amended by adding at (k) LABELS FOR FUEL ECONOMY AND GREEN- paragraph (1) if— the end the following: HOUSE GAS EMISSIONS.—Section 32908 of title ‘‘(i) in the case of a passenger automobile, ‘‘§ 32921. Fuel economy indicators and de- 49, United States Code, is amended— it obtains a fuel economy of 50 miles per gal- vices (1) in subsection (a)(1), by striking the pe- lon or more; and ‘‘(a) IN GENERAL.—The Secretary of Trans- riod at the end and inserting ‘‘, and a light ‘‘(ii) in the case of a light truck, it obtains portation, in consultation with the Adminis- truck manufactured by a manufacturer in a a fuel economy of 37 miles per gallon or trator of the Environmental Protection model year after model year 2009; and’’; and more.’’.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.067 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8288 CONGRESSIONAL RECORD — SENATE July 26, 2006 SA 4700. Ms. SNOWE (for herself. ‘‘(d) QUALIFIED ENERGY SAVINGS.—For pur- proval of alternative methods of certifi- Mrs. FEINSTEIN, and Mr. KERRY) sub- poses of this section— cation under sections 25E(d)(2)(A) and mitted an amendment intended to be ‘‘(1) IN GENERAL.—The term ‘qualified en- 179E(d)(2)(A) of the Internal Revenue Code of proposed by her to the bill S. 3711, to ergy savings’ means, with respect to any 1986, as added by subsection (a) and section principal residence, the amount (measured 213, respectively. enhance the energy independence and as a percentage) by which— (2) DETERMINATION.—The Secretary of the security of the United States by pro- ‘‘(A) the annual energy use with respect to Treasury shall make a determination on the viding for exploration, development, the principal residence after qualified energy approval or disapproval of such alternative and production activities for mineral efficiency expenditures are made, as certified methods of certification not later than 90 resources in the Gulf of Mexico, and for under paragraph (2), is less than days after receiving a petition under para- other purposes; which was ordered to ‘‘(B) the annual energy use with respect to graph (1). lie on the table; as follows: the principal residence before the qualified (d) CONFORMING AMENDMENTS.— (1) Section 1016(a) is amended by striking At the end, add the following: energy efficiency expenditures were made, as certified under paragraph (2). ‘‘and’’ at the end of paragraph (36), by strik- TITLE II—EXTEND THE EFFICIENCY In determining annual energy use under sub- ing the period at the end of paragraph (37) INCENTIVES ACT OF 2006 paragraph (B), any energy efficiency im- and inserting ‘‘, and’’, and by adding at the SEC. 200. SHORT TITLE; ETC. provements which are not attributable to end the following new paragraph: (a) SHORT TITLE.—This title may be cited qualified energy efficiency expenditures ‘‘(38) to the extent provided in section as the ‘‘EXTEND the Energy Efficiency In- shall be disregarded. 25E(f).’’. centives Act of 2006’’. ‘‘(2) CERTIFICATION.— (2) The table of sections for subpart A of (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(A) IN GENERAL.—The Secretary, in con- part IV of subchapter A chapter 1 is amended otherwise expressly provided, whenever in sultation with the Secretary of Energy, shall by inserting after the item relating to sec- this title an amendment or repeal is ex- prescribe the procedures and methods for the tion 25D the following new item: pressed in terms of an amendment to, or re- making of certifications under this para- ‘‘Sec. 25E. Performance based energy im- peal of, a section or other provision, the ref- graph based on the Residential Energy Serv- erence shall be considered to be made to a provements.’’. ices Network (RESNET) Technical Guide- section or other provision of the Internal (e) EFFECTIVE DATES.—The amendments lines in effect on the date of the enactment Revenue Code of 1986. made by this section shall apply to amounts of this section. Subtitle A—Non-Business Energy paid or incurred in taxable years beginning ‘‘(B) QUALIFIED INDIVIDUALS.—Any certifi- after the date of the enactment of this Act. Improvements cation made under this paragraph may only SEC. 202. EXTENSION AND MODIFICATION OF SEC. 201. PERFORMANCE BASED ENERGY IM- be made by an individual who is recognized PROVEMENTS FOR NON-BUSINESS CREDIT FOR NONBUSINESS ENERGY by an organization certified by the Secretary PROPERTY. PROPERTY. for such purposes. (a) IN GENERAL.—Subpart A of part IV of (a) EXTENSION.—Subsection (g) of section ‘‘(e) SPECIAL RULES.—For purposes of this 25C of the Internal Revenue Code of 1986 (re- subchapter A of chapter 1 is amended by in- section rules similar to the rules under para- lating to termination) is amended by strik- serting after section 25D the following new graphs (4), (5), (6), (7), (8), and (9) of section ing ‘‘December 31, 2007’’ and inserting ‘‘De- section: 25D(e) and section 25C(e)(2) shall apply. cember 31, 2010’’. ‘‘SEC. 25E. PERFORMANCE BASED ENERGY IM- ‘‘(f) BASIS ADJUSTMENTS.—For purposes of PROVEMENTS. this subtitle, if a credit is allowed under this (b) MODIFICATIONS FOR RESIDENTIAL EN- ‘‘(a) IN GENERAL.—In the case of an indi- section with respect to any expenditure with ERGY EFFICIENCY PROPERTY EXPENDITURES.— vidual, there shall be allowed as a credit respect to any property, the increase in the (1) INCREASED LIMITATION FOR OIL FURNACES against the tax imposed by this chapter for basis of such property which would (but for AND NATURAL GAS, PROPANE, AND OIL HOT the taxable year an amount equal to the this subsection) result from such expenditure WATER BOILERS.— amount of qualified energy efficiency ex- shall be reduced by the amount of the credit (A) IN GENERAL.—Subparagraphs (B) and penditures paid or incurred by the taxpayer so allowed. (C) of section 25C(b)(3) are amended to read during the taxable year. ‘‘(g) TERMINATION.—This section shall not as follows: ‘‘(b) LIMITATIONS.— apply with respect to any property placed in ‘‘(B) $150 for any qualified natural gas fur- ‘‘(1) IN GENERAL.—The amount allowed as a service after December 31, 2010.’’. nace or qualified propane furnace, and credit under subsection (a) shall not exceed— (b) INTERIM GUIDANCE ON CERTIFICATION.— ‘‘(C) $300 for— ‘‘(A) in the case of a principal residence (1) IN GENERAL.—Not later than 90 days ‘‘(i) any item of energy-efficient building that achieves a qualified energy savings of 50 after the date of the enactment of this Act, property, and percent or more, $2,000, and the Secretary of the Treasury, in consulta- ‘‘(ii) any qualified oil furnace, qualified ‘‘(B) in the case of a principal residence tion with the Secretary of Energy, shall natural gas hot water boiler, qualified pro- which achieves a qualified energy savings of issue interim guidance on— pane hot water boiler, or qualified oil hot less than 50 percent, the product of— (A) the procedures and methods for making water boiler.’’. ‘‘(i) the qualified energy savings achieved, certifications under sections 25E(d)(2)(A) and (B) CONFORMING AMENDMENT.—Clause (ii) of and 179E(d)(2)(A) of the Internal Revenue Code of section 25C(d)(2)(A) is amended to read as ‘‘(ii) $4,000. 1986, as added by subsection (a) and section follows: ‘‘(2) MINIMUM AMOUNT OF QUALIFIED ENERGY 213, respectively; and ‘‘(ii) any qualified natural gas furnace, SAVINGS.—No credit shall be allowed under (B) the recognition of qualified individuals qualified propane furnace, qualified oil fur- subsection (a) with respect to any principal under sections 25E(d)(2)(B) and 179E(d)(2)(B) nace, qualified natural gas hot water boiler, residence which achieves a qualified energy of such Code for the purpose of making such qualified propane hot water boiler, or quali- savings of less than 20 percent. certifications. fied oil hot water boiler, or’’. ‘‘(c) QUALIFIED ENERGY EFFICIENCY EX- (2) CONSULTATION WITH STAKEHOLDERS.— (2) MODIFICATIONS OF STANDARDS FOR EN- PENDITURES.—For purposes of this section: (A) IN GENERAL.—The Secretary of the ERGY-EFFICIENT BUILDING PROPERTY.— ‘‘(1) IN GENERAL.—The term ‘qualified en- Treasury, in issuing guidance pursuant to (A) ELECTRIC HEAT PUMPS.—Subparagraph ergy efficiency expenditures’ means any paragraph (1), shall consider comments from (B) of section 25C(d)(3) is amended to read as amount paid or incurred which is related to energy efficiency experts and other inter- follows: producing qualified energy savings in a prin- ested parties. ‘‘(A) an electric heat pump which achieves cipal residence of the taxpayer which is lo- (B) OTHER CONSIDERATIONS.—In the case of the highest efficiency tier established by the cated in the United States. guidance issued pursuant to paragraph (1)(B), Consortium for Energy Efficiency, as in ef- ‘‘(2) NO DOUBLE BENEFIT FOR CERTAIN EX- the Secretary of the Treasury shall also con- fect on January 1, 2007.’’. PENDITURES.—The term ‘qualified energy ef- sider— (B) CENTRAL AIR CONDITIONERS.—Section ficiency expenditures’ shall not include any (i) the Residential Energy Services Net- 25C(d)(3)(D) is amended by striking ‘‘2006’’ expenditure for which a deduction or credit work Technical Guidelines and other perti- and inserting ‘‘2007’’. is otherwise allowed to the taxpayer under nent guidelines for evaluating energy sav- (C) OIL FURNACES AND HOT WATER BOIL- this chapter. ings; ERS.—Paragraph (4) of section 25C(d) is ‘‘(3) PRINCIPAL RESIDENCE.—The term ‘prin- (ii) energy modeling software, including amended to read as follows: cipal residence’ has the same meaning as software accredited through the Residential ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND when used in section 121, except that— Energy Services Network; and OIL FURNACES AND HOT WATER BOILERS.— ‘‘(A) no ownership requirement shall be im- (iii) quality assurance procedures of the ‘‘(A) QUALIFIED NATURAL GAS FURNACE.— posed, and Building Performance Institute, Home Per- The term ‘qualified natural gas furnace’ ‘‘(B) the period for which a building is formance through Energy Star, and the Resi- means any natural gas furnace which treated as used as a principal residence shall dential Energy Services Network. achieves an annual fuel utilization efficiency also include the 60-day period ending on the (c) ALTERNATIVE CERTIFICATION METHODS.— rate of not less than 95. 1st day on which it would (but for this sub- (1) IN GENERAL.—The Secretary of the ‘‘(B) QUALIFIED NATURAL GAS HOT WATER paragraph) first be treated as used as a prin- Treasury shall establish a procedure for indi- BOILER.—The term ‘qualified natural gas hot cipal residence. viduals and businesses to petition for the ap- water boiler’ means any natural gas hot

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8289

water boiler which achieves an annual fuel for which qualified solar electric property (e) EXTENSION OF CREDIT.—Subsection (g) utilization efficiency rate of not less than 95. expenditures are made, of section 25D is amended by striking ‘‘2007’’ ‘‘(C) QUALIFIED PROPANE FURNACE.—The ‘‘(B) in the case of qualified solar water and inserting ‘‘2010’’. term ‘qualified propane furnace’ means any heating property expenditures, an amount (f) EFFECTIVE DATE.—The amendments propane furnace which achieves an annual equal to— made by this section shall apply to property fuel utilization efficiency rate of not less ‘‘(i) in the case of a dwelling unit which placed in service after the date of the enact- than 95. uses electricity to heat water, $0.35 with re- ment of this Act. ‘‘(D) QUALIFIED PROPANE HOT WATER BOIL- spect to each kilowatt per year of savings of Subtitle B—Business-Related Energy ER.—The term ‘qualified propane hot water qualified solar hot water property for which Improvements boiler’ means any propane hot water boiler qualified solar water heating property ex- SEC. 211. EXTENSION AND CLARIFICATION OF which achieves an annual fuel utilization ef- penditures are made, or NEW ENERGY EFFICIENT HOME ficiency rate of not less than 95. ‘‘(ii) in the case of a dwelling unit which CREDIT. ‘‘(E) QUALIFIED OIL FURNACES.—The term uses natural gas to heat water, $7 with re- (a) EXTENSION.—Subsection (g) of section ‘qualified oil furnace’ means any oil furnace spect to each annual Therm of natural gas 45L (relating to termination) is amended by which achieves an annual fuel utilization ef- savings of qualified solar hot water property striking ‘‘December 31, 2007’’ and inserting ficiency rate of not less than 90. for which qualified solar water heating prop- ‘‘December 31, 2010’’. LARIFICATION ‘‘(F) QUALIFIED OIL HOT WATER BOILER.— erty expenditures are made, and’’. (b) C .— The term ‘qualified oil hot water boiler’ (2) DETERMINATION OF SAVINGS.—Paragraph (1) IN GENERAL.—Paragraph (1) of section means any oil hot water boiler which (1) of section 25D(b) is amended by adding at 45L(a) is amended by striking ‘‘and’’ at the achieves an annual fuel utilization efficiency the end the following new flush sentence: end of subparagraph (A) and by striking sub- rate of not less than 90.’’. ‘‘For purposes of subparagraph (B), savings paragraph (B) and inserting the following: (c) MODIFICATION OF QUALIFIED ENERGY EF- shall be determined under regulations pre- ‘‘(B) acquired by a person from such eligi- FICIENCY IMPROVEMENTS.— scribed by the Secretary based on the OG–300 ble contractor, and (1) IN GENERAL.—Paragraph (1) of section Standard for the Annual Performance of OG– ‘‘(C) used by any person as a residence dur- 25C(c) is amended by inserting ‘‘, or an as- 300 Certified Systems of the Solar Rating ing the taxable year.’’. phalt roof with appropriate cooling gran- and Certification Corporation.’’. (2) EFFECTIVE DATE.—The amendments ules,’’ before ‘‘which meet the Energy Star (c) DEFINITIONS.— made by this subsection shall take effect as program requirements’’. (1) IN GENERAL.—Section 25D(d) is amend- if included in section 1332 of the Energy Pol- icy Act of 2005. (2) BUILDING ENVELOPE COMPONENT.—Sub- ed— paragraph (D) of section 25C(c)(2) is amend- (A) by redesignating paragraph (3) as para- SEC. 212. EXTENSION AND MODIFICATION OF DE- graph (5), and DUCTION FOR ENERGY EFFICIENT ed— COMMERCIAL BUILDINGS. (A) by inserting ‘‘or asphalt roof’’ after (B) by striking paragraphs (1) and (2) and (a) EXTENSION.—Subsection (h) of section ‘‘metal roof’’, and inserting the following: ‘‘(1) QUALIFIED SOLAR ELECTRIC PROPERTY 179D (relating to termination) is amended to (B) by inserting ‘‘or cooling granules’’ read as follows: after ‘‘pigmented coatings’’. EXPENDITURES.—The term ‘ qualified solar electric property expenditures’ means any ‘‘(h) TERMINATION.—This section shall not (d) ELIMINATION OF CREDIT FOR QUALIFIED apply with respect to property— ENERGY EFFICIENCY IMPROVEMENTS IN 2010.— amount paid or incurred for qualified solar electric property. ‘‘(1) which is certified under subsection (1) IN GENERAL.—Subsection (a) of section (d)(6) after December 31, 2011, or ‘‘(2) QUALIFIED SOLAR ELECTRIC PROPERTY.— 25C of the Internal Revenue Code of 1986 is ‘‘(2) which is placed in service after Decem- amended to read as follows: The term ‘qualified solar electric property’ means solar electric property (as defined in ber 31, 2013.’’. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (b) INCREASE IN MAXIMUM AMOUNT OF DE- section 179F(c)(2)(B)) installed on or in con- an individual, there shall be allowed as a DUCTION.— nection with a dwelling unit located in the credit against the tax imposed by this chap- (1) IN GENERAL.—Subparagraph (A) of sec- United States and used as a residence by the ter for the taxable year an amount equal to tion 179D(b)(1) is amended by striking ‘‘$1.80’’ taxpayer. the amount of residential energy property and inserting ‘‘$2.25’’. ‘‘(3) QUALIFIED SOLAR WATER HEATING PROP- expenditures paid or incurred by the tax- (2) PARTIAL ALLOWANCE.—Paragraph (1) of ERTY EXPENDITURES.—The term ‘qualified payer during the taxable year.’’. section 179D(d) is amended— solar water heating property expenditures’ (2) CONFORMING AMENDMENTS.— (A) by striking ‘‘$.60’’ and inserting (A) Section 25C(b) of such Code, as amend- means any amount paid or incurred for ‘‘$0.75’’, and ed by subsection (b)(1), is amended by strik- qualified solar hot water property. (B) by striking ‘‘$1.80’’ and inserting ing paragraphs (1) and (2) and by redesig- ‘‘(4) QUALIFIED SOLAR HOT WATER PROP- ‘‘$2.25’’. nating paragraph (3) as paragraph (1). ERTY.—The term ‘qualified solar hot water (c) MODIFICATIONS TO CERTAIN SPECIAL (B) Section 25C(b)(1) of such Code, as redes- property’ means solar hot water property (as RULES.— ignated by subparagraph (A), is amended by defined in section 179F(c)(2)(C)) installed on (1) REQUIREMENTS FOR COMPUTER SOFTWARE striking ‘‘by reason of subsection (a)(2)’’. or in connection with a dwelling unit located USED IN CALCULATING ENERGY AND POWER CON- (C) Section 25C of such Code is amended by in the United States and used as a residence SUMPTION COSTS.—Computer software used in striking subsection (c). by the taxpayer.’’. preparing a calculation under section (e) EFFECTIVE DATES.— (2) CONFORMING AMENDMENTS.— 179D(d)(2) of the Internal Revenue Code of (1) IN GENERAL.—Except as provided in (A) Section 25D(e)(2) is amended by strik- 1986 shall automatically— paragraphs (2) and (3), the amendments made ing ‘‘property described in paragraph (1) and (A) generate the features, energy use, and by this section shall apply to property placed (2) of subsection (d)’’ and inserting ‘‘qualified energy and power consumption costs of a ref- in service after the date of the enactment of solar electric property or qualified solar hot erence building that meets Standard 90.1– this Act. water property’’. 2001 (as defined under section 179D(c)(2) of (2) SUBSECTION (b).—The amendments made (B) Section 25D(e)(4)(C) is amended by such Code), and by subsection (b) shall apply to property striking ‘‘paragraphs (1), (2), and (3)’’ and in- (B) compare such features, energy use, and placed in service after December 31, 2006. serting ‘‘paragraphs (1),(3), and (5)’’. consumption costs to the features, energy (3) SUBSECTION (d).—The amendments made (d) DOLLAR AMOUNTS IN CASE OF JOINT OC- use, and consumption costs of the building or by subsection (d) shall apply to property CUPANCY.—Clauses (i) and (ii) of section system with respect to which the calculation placed in service after December 31, 2009. 25D(e)(4)(A) are amended to read as follows: is being made. ‘‘(i) $2 in the case of each peak watt of ca- SEC. 203. MODIFICATION OF CREDIT FOR SOLAR (2) TARGETS FOR PARTIAL ALLOWANCE OF pacity of qualified solar electric property for ELECTRIC PROPERTY AND SOLAR CREDIT.—The targets established by the Sec- HOT WATER PROPERTY. which qualified solar electric property ex- retary of Treasury under section (a) IN GENERAL.—Subsection (a) of section penditures are made, 179D(b)(1)(B) of the Internal Revenue Code of 25D (relating to allowance of credit) is ‘‘(ii) in the case of qualified solar water 1986 shall be based on prescriptive criteria amended by striking paragraphs (1) and (2) heating property expenditures, an amount that can be modeled explicitly. and inserting the following: equal to— (d) EFFECTIVE DATE.—The amendments ‘‘(1) 100 percent of the qualified solar elec- ‘‘(I) in the case of a dwelling unit which made by this section shall apply to property tric property expenditures made by the tax- uses electricity to heat water, $0.35 with re- placed in service in taxable years beginning payer during such year, spect to each kilowatt per year of savings of after the date of the enactment of this Act. ‘‘(2) 100 percent of the qualified solar hot qualified solar hot water property for which SEC. 213. DEDUCTION FOR ENERGY EFFICIENT water property expenditures made by the qualified solar water heating property ex- LOW-RISE BUILDINGS. taxpayer during such year, and’’. penditures are made, or (a) IN GENERAL.—Part VI of subchapter B (b) LIMITATIONS.— ‘‘(II) in the case of a dwelling unit which of chapter 1 is amended by inserting after (1) IN GENERAL.—Paragraph (1) of section uses natural gas to heat water, $7 with re- section 179D the following new section: 25D(b) is amended by striking subparagraphs spect to each annual Therm of natural gas ‘‘SEC. 179E. ENERGY EFFICIENT LOW-RISE BUILD- (A) and (B) and inserting the following: savings of qualified solar hot water property INGS DEDUCTION. ‘‘(A) $2 with respect to each peak watt of for which qualified solar water heating prop- ‘‘(a) IN GENERAL.—There shall be allowed capacity of qualified solar electric property erty expenditures are made, and’’. as a deduction an amount equal to the

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8290 CONGRESSIONAL RECORD — SENATE July 26, 2006

amount of qualified energy efficiency ex- ‘‘(g) TERMINATION.—This section shall not tures paid by the taxpayer for qualified en- penditures paid or incurred by the taxpayer apply with respect to any property placed in ergy property which is— during the taxable year. service after December 31, 2010.’’. ‘‘(A) of a character subject to the allow- ‘‘(b) LIMITATIONS.— (b) CONFORMING AMENDMENTS.— ance for depreciation, and ‘‘(1) IN GENERAL.—The amount allowed as a (1) Section 1016(a), as amended by section ‘‘(B) originally placed in service by the credit under subsection (a) shall not exceed— 201, is amended by striking ‘‘and’’ at the end taxpayer. ‘‘(A) in the case of a qualified low-rise of paragraph (37), by striking the period at ‘‘(2) QUALIFIED ENERGY PROPERTY.— building that achieves a qualified energy the end of paragraph (38) and inserting ‘‘, ‘‘(A) IN GENERAL.—The term ‘qualified en- savings of 50 percent or more, $6,000, and and’’, and by adding at the end the following ergy property’ has the meaning given such ‘‘(B) in the case of a qualified low-rise new paragraph: term by section 25C(d)(2), except that such building which achieves a qualified energy ‘‘(39) to the extent provided in section term shall include solar electric property savings of less than 50 percent, the product 179E(f).’’. and solar hot water property. of— (2) Section 1245(a) is amended by inserting ‘‘(B) SOLAR ELECTRIC PROPERTY.—The term ‘‘(i) the qualified energy savings achieved, ‘‘179E,’’ after ‘‘179D,’’ both places it appears ‘solar electric property’ means property and in paragraphs (2)(C) and (3)(C). which uses solar energy to generate elec- ‘‘(ii) $12,000. (3) Section 1250(b)(3) is amended by insert- tricity. ‘‘(2) MINIMUM AMOUNT OF QUALIFIED ENERGY ing ‘‘or 179E’’ after ‘‘section 179D’’. ‘‘(C) SOLAR HOT WATER PROPERTY.—The SAVINGS.—No credit shall be allowed under (4) Section 263(a)(1) is amended by striking term ‘solar hot water property’ means prop- subsection (a) with respect to any qualified ‘‘or’’ at the end of subparagraph (J), by strik- erty used to heat water if at least half of the low-rise building which achieves a qualified ing the period at the end of subparagraph (K) energy used by such property for such pur- energy savings of less than 20 percent. and inserting ‘‘, or’’, and by inserting after pose is derived from the sun. ‘‘(c) QUALIFIED ENERGY EFFICIENCY EX- subparagraph (K) the following new subpara- ‘‘(d) BASIS ADJUSTMENTS.—For purposes of PENDITURES.—For purposes of this section: graph: this subtitle, if a credit is allowed under this ‘‘(1) IN GENERAL.—The term ‘qualified en- ‘‘(L) expenditures for which a deduction is section with respect to any expenditure with ergy efficiency expenditures’ means any allowed under section 179E.’’. respect to any property, the increase in the amount paid or incurred which is related to (5) Section 312(k)(3)(B) is amended by basis of such property which would (but for producing qualified energy savings in a striking ‘‘179, 179A, 179B, 179C, or 179D’’ each this subsection) result from such expenditure qualified low-rise building of the taxpayer place it appears in the heading and text and shall be reduced by the amount of the credit which is located in the United States. inserting ‘‘179, 179A, 179B, 179C, 179D, or so allowed. ‘‘(2) NO DOUBLE BENEFIT FOR CERTAIN EX- 179E’’. ‘‘(e) TERMINATION.—This section shall not apply with respect to any property placed in PENDITURES.—The term ‘qualified energy ef- (6) The table of sections for part VI of sub- ficiency expenditures’ shall not include any chapter B is amended by inserting after the service after December 31, 2010.’’. (b) NO DOUBLE BENEFIT.—Section 179D(c) is expenditure for any property for which a de- item relating to section 179D the following amended by adding at the end the following duction has been allowed to the taxpayer new item: new paragraph: under section 179F. ‘‘Sec. 179E. Energy efficient low-rise build- ‘‘(3) CERTAIN PROPERTY EXCLUDED.—The ings deduction.’’. ‘‘(3) QUALIFIED LOW-RISE BUILDING.—The term ‘energy efficient commercial building term ‘qualified low-rise building’ means a (c) EFFECTIVE DATE.—The amendments property’ does not include any property with building— made by this section shall apply to amounts respect to which a credit has been allowed to ‘‘(A) with respect to which depreciation is paid or incurred in taxable years beginning the taxpayer under section 179F.’’. allowable under section 167, and after the date of the enactment of this Act. (c) CONFORMING AMENDMENTS.— ‘‘(B) which is not within the scope of SEC. 214. ENERGY EFFICIENT PROPERTY DEDUC- (1) Section 1016(a), as amended by section Standard 90.1–2001 (as defined under section TION. 213, is amended by striking ‘‘and’’ at the end 179D(c)(2)). (a) IN GENERAL.—Part VI of subchapter B of paragraph (38), by striking the period at ‘‘(d) QUALIFIED ENERGY SAVINGS.—For pur- of chapter 1, as amended by section 213, is the end of paragraph (39) and inserting ‘‘, poses of this section— amended by inserting after section 179E the and’’, and by adding at the end the following ‘‘(1) IN GENERAL.—The term ‘qualified en- following new section: new paragraph: ergy savings’ means, with respect to any ‘‘SEC. 179F. ENERGY EFFICIENT PROPERTY. ‘‘(40) to the extent provided in section qualified low-rise building, the amount ‘‘(a) IN GENERAL.—There shall be allowed 179E(e).’’. (measured as a percentage) by which— as a deduction an amount equal to the en- (2) Section 1245(a), as amended by section ‘‘(A) the annual energy use with respect to ergy efficient property expenditures paid or 213 is amended by inserting ‘‘179F,’’ after the qualified low-rise building after qualified incurred by the taxpayer during the taxable ‘‘179E,’’ both places it appears in paragraphs energy efficiency expenditures are made, as year (2)(C) and (3)(C). ‘‘(b) LIMITATION.—The amount of the de- certified under paragraph (2), is less than (3) Section 1250(b)(3), as amended by sec- duction allowed under subsection (a) for any ‘‘(B) the annual energy use with respect to tion 213, is amended by inserting ‘‘or 179F’’ taxable years shall not exceed— the qualified low-rise building before the after ‘‘section 179E’’. ‘‘(1) $150 for any advanced main air circu- qualified energy efficiency expenditures were (4) Section 263(a)(1), as amended by section lating fan, made, as certified under paragraph (2). 213, is amended by striking ‘‘or’’ at the end ‘‘(2) $450 for any qualified natural gas fur- In determining annual energy use under sub- of subparagraph (K), by striking the period nace or qualified propane furnace, paragraph (B), any energy efficiency im- at the end of subparagraph (L) and inserting ‘‘(3) $900 for— provements which are not attributable to ‘‘, or’’, and by inserting after subparagraph ‘‘(A) any item of energy-efficient building qualified energy efficiency expenditures (L) the following new subparagraph: property, and shall be disregarded. ‘‘(M) expenditures for which a deduction is ‘‘(B) any qualified oil furnace, qualified ‘‘(2) CERTIFICATION.— allowed under section 179F.’’. natural gas hot water boiler, qualified pro- ‘‘(A) IN GENERAL.—The Secretary, in con- (5) Section 312(k)(3)(B), as amended by sec- pane hot water boiler, or qualified oil hot sultation with the Secretary of Energy, shall tion 213, is amended by striking ‘‘179, 179A, water boiler. prescribe the procedures and method for the 179B, 179C, 179D, or 179E’’ each place it ap- ‘‘(4) $9 with respect to each peak watt of making of certifications under this para- pears in the heading and text and inserting capacity of solar electric property, graph based on the Residential Energy Serv- ‘‘179, 179A, 179B, 179C, 179D, 179E, or 179F’’. ‘‘(5) in the case of solar hot water property, ices Network (RESNET) Technical Guide- (6) The table of sections for part VI of sub- an amount equal to— lines in effect on the date of the enactment chapter B is amended by inserting after the ‘‘(A) in the case of a dwelling unit which of this Act. item relating to section 179E the following uses electricity to heat water, $1 with re- ‘‘(B) QUALIFIED INDIVIDUALS.—Any certifi- new item: cation made under this paragraph may only spect to each kilowatt per year of savings of such solar hot water property, or ‘‘Sec. 179F. Energy efficient property.’’. be made by an individual who is recognized (d) EFFECTIVE DATE.—The amendments ‘‘(B) in the case of a dwelling unit which by an organization certified by the Secretary made by this section shall apply to property uses natural gas to heat water, $21 with re- for such purposes. placed in service in taxable years beginning spect to each annual Therm of natural gas ‘‘(e) SPECIAL RULES.—For purposes of this after the date of the enactment of this Act. savings of such solar hot water property. section, rules similar to the rules under SEC. 215. EXTENSION OF INVESTMENT TAX CRED- paragraphs (8) and (9) of section 25D(e) shall For purposes of paragraph (5), savings shall IT WITH RESPECT TO SOLAR EN- apply. be determined under regulations prescribed ERGY PROPERTY AND QUALIFIED ‘‘(f) BASIS ADJUSTMENTS.—For purposes of by the Secretary based on the OG–300 Stand- FUEL CELL PROPERTY. this subtitle, if a credit is allowed under this ard for the Annual Performance of OG–300 (a) SOLAR ENERGY PROPERTY.—Paragraphs section with respect to any expenditure with Certified Systems of the Solar Rating and (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are respect to any property, the increase in the Certification Corporation. each amended by striking ‘‘2008’’ and insert- basis of such property which would (but for ‘‘(c) ENERGY EFFICIENT PROPERTY EXPENDI- ing ‘‘2012’’. this subsection) result from such expenditure TURES.—For purposes of this section— (b) ELIGIBLE FUEL CELL PROPERTY.—Para- shall be reduced by the amount of the credit ‘‘(1) IN GENERAL.—The term ‘energy effi- graph (1)(E) of section 48(c) is amended by so allowed. cient property expenditures’ means expendi- striking ‘‘2007’’ and inserting ‘‘2011’’.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8291

Subtitle C—Incentives for Energy Savings ‘‘(A) IN GENERAL.—No deduction shall be name or logo of a franchisor or any other en- Certifications allowed for that portion of the expenses oth- tity appears). SEC. 221. CREDIT FOR ENERGY SAVINGS CERTIFI- erwise allowable as a deduction for the tax- ‘‘(2) ENFORCEMENT.—Any restriction de- CATIONS. able year which is equal to the amount scribed in paragraph (1) that is contained in (a) IN GENERAL.—Subpart D of part IV of taken into account under subsection (a) for a franchise-related document and in effect subchapter A of chapter 1 is amended by add- such taxable year. on the date of enactment of this section— ing at the end the following new section: ‘‘(B) AMOUNT PREVIOUSLY DEDUCTED.—No ‘‘(A) shall be considered to be null and void ‘‘SEC. 45N. ENERGY SAVINGS CERTIFICATION credit shall be allowed under subsection (a) as of that date; and CREDIT. with respect to any amount for which a de- ‘‘(B) shall not be enforced under section ‘‘(a) IN GENERAL.—For purposes of section duction has been allowed in any preceding 105. 38, the energy savings certification credit de- taxable year.’’. ‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.— termined under this section for any taxable (b) CREDIT TREATED AS PART OF GENERAL No franchise-related document that requires year is an amount equal to the sum of— BUSINESS CREDIT.—Section 38(b) is amended that 3 grades of gasoline be sold by the appli- ‘‘(1) the qualified training and certification by striking ‘‘and’’ at the end of paragraph cable franchisee shall prevent the franchisee costs paid or incurred by the taxpayer which (29), by striking the period at the end of from selling a renewable fuel in lieu of 1 may be taken into account for such taxable paragraph (30) and inserting ‘‘plus’’, and by grade of gasoline.’’. year, plus adding at the end the following new para- (b) CONFORMING AMENDMENTS.— ‘‘(2) the qualified certification equipment graph: (1) IN GENERAL.—Section 101(13) of the Pe- expenditures paid or incurred by the tax- ‘‘(31) the energy savings certification cred- troleum Marketing Practices Act (15 U.S.C. payer which may be taken into account for it determined under section 45N(a).’’. 2801(13)) is amended by adjusting the inden- such taxable year. (c) CONFORMING AMENDMENTS.— tation of subparagraph (C) appropriately. (2) TABLE OF CONTENTS.—The table of con- ‘‘(b) QUALIFIED TRAINING AND CERTIFI- (1) Section 1016(a), as amended by this tents of the Petroleum Marketing Practices CATION COSTS.— title, is amended by striking ‘‘and’’ at the Act (15 U.S.C. 2801 note) is amended— ‘‘(1) IN GENERAL.—The term ‘qualified end of paragraph (39), by striking the period training and certification costs’ means costs at the end of paragraph (40) and inserting (A) by inserting after the item relating to paid or incurred for training which is re- ‘‘and’’, and by adding at the end the fol- section 106 the following: quired for the taxpayer or employees of the lowing new paragraph: ‘‘Sec. 107. Prohibition on restriction of in- taxpayer to be certified by the Secretary ‘‘(41) to the extent provided in section stallation of renewable fuel under section 25D(d)(2)(B) or 179E(d)(2)(B) for 45N(d)(2).’’. pumps.’’; the purpose of certifying energy savings. (2) The table of sections for subpart D of and ‘‘(2) LIMITATION.—The qualified training part IV of subchapter A of chapter 1 is (B) by striking the item relating to section and certification costs taken into account amended by inserting after the item relating 202 and inserting the following: to section 45M the following new item: under subsection (a)(1) for the taxable year ‘‘Sec. 202. Automotive fuel rating testing with respect to any individual shall not ex- ‘‘Sec. 45N. Energy savings certification and disclosure requirements.’’. ceed $500 reduced by the amount of the credit credit.’’. allowed under subsection (a)(1) to the tax- (d) EFFECTIVE DATE.—The amendments SA 4702. Mr. DAYTON submitted an payer (or any predecessor) with respect to made by this section shall apply to amounts amendment intended to be proposed by such individual for all prior taxable years. paid or incurred after the date of the enact- ment of this Act. him to the bill S. 3711, to enhance the ‘‘(3) YEAR COSTS TAKEN INTO ACCOUNT.— energy independence and security of Qualified training and certifications costs with respect to any individual shall not be SA 4701. Mr. DAYTON submitted an the United States by providing for ex- taken into account under subsection (a)(1) amendment intended to be proposed by ploration, development, and production before the taxable year in which the indi- him to the bill S. 3711, to enhance the activities for mineral resources in the vidual with respect to whom such costs are energy independence and security of Gulf of Mexico, and for other purposes; paid or incurred has performed 25 certifi- the United States by providing for ex- which was ordered to lie on the table; cations under sections 25E(d)(2)(A) and ploration, development, and production as follows: 179E(d)(2)(A). activities for mineral resources in the At the end, add the following: ‘‘(c) QUALIFIED CERTIFICATION EQUIPMENT SEC. 6. REPORT. EXPENDITURES.— Gulf of Mexico, and for other purposes; ‘‘(1) IN GENERAL.—The term ‘qualified which was ordered to lie on the table; Not later than October 31 of each year be- training equipment expenditures’ means as follows: ginning after the date of enactment of this Act, the President shall submit to Congress costs paid or incurred for— At the appropriate place, insert the fol- a report that describes— ‘‘(A) blower doors, lowing: ‘‘(B) duct leakage testing equipment, (1) the progress of the agencies of the Fed- SEC. ll. PROHIBITION ON RESTRICTION OF IN- eral government (including the Executive Of- ‘‘(C) flue gas combustion equipment, and STALLATION OF RENEWABLE FUEL ‘‘(D) digital manometers. PUMPS. fice of the President) in complying with— (A) the Energy Policy Act of 1992 (42 U.S.C. ‘‘(2) LIMITATION.— (a) IN GENERAL.—Title I of the Petroleum 13201 et seq.); and ‘‘(A) IN GENERAL.—The qualified certifi- Marketing Practices Act (15 U.S.C. 2801 et cation equipment expenditures taken into seq.) is amended by adding at the end the fol- (B) Executive Order 13149 (65 Fed. Reg. account under subsection (a)(2) with respect lowing: 24607; relating to greening the government to any taxpayer for any taxable year shall through Federal fleet and transportation ef- ‘‘SEC. 107. PROHIBITION ON RESTRICTION OF IN- ficiency); not exceed $1,000. STALLATION OF RENEWABLE FUEL ‘‘(B) LIMITATION ON INDIVIDUAL ITEMS.—The PUMPS. (2) the number of fueling centers operated by each Federal agency; qualified certification equipment expendi- ‘‘(a) DEFINITION OF FRANCHISE-RELATED (3) the number of the fueling centers that tures taken into account under subsection DOCUMENT.—In this section, the term ‘fran- (a)(2) shall not exceed— chise-related document’ means— are equipped to supply renewable fuels; and ‘‘(i) $500 with respect to any blower door or ‘‘(1) a franchise under this Act; and (4) which renewable fuel blends are offered duct leakage testing equipment, and ‘‘(2) any other contract or directive of a at those fueling centers. ‘‘(ii) $100 with respect to any flue gas com- franchisor relating to terms or conditions of bustion equipment or digital manometer. the sale of fuel by a franchisee. SA 4703. Mr. SHELBY proposed an ‘‘(3) YEAR EXPENDITURES TAKEN INTO AC- ‘‘(b) PROHIBITIONS.— amendment to the bill S. 3549, to COUNT.—The qualified certification equip- ‘‘(1) IN GENERAL.—Notwithstanding any amend the Defense Production Act of ment expenditures of any taxpayer shall not provision of a franchise-related document in 1950 to strengthen Government review be taken into account under subsection (a)(2) effect on the date of enactment of this sec- and oversight of foreign investment in before the taxable year in which the tax- tion, no franchisee or affiliate of a franchisee the United States, to provide for en- payer has performed 25 certifications under shall be restricted from— sections 25E(d)(2)(A) and 179E(d)(2)(A). ‘‘(A) installing on the marketing premises hanced Congressional Oversight with ‘‘(d) SPECIAL RULES.— of the franchisee a renewable fuel pump; respect thereto, and for other purposes; ‘‘(1) AGGREGATION RULES.—For purposes of ‘‘(B) converting an existing tank and pump as follows: this section, all persons treated as a single on the marketing premises of the franchisee On page 3, line 8, strike ‘‘written notifica- employer under subsections (a) and (b) of for renewable fuel use; tion’’ and insert the following: ‘‘a written re- section 52 shall be treated as 1 person. ‘‘(C) advertising (including through the use quest for review by a person involved in the ‘‘(2) BASIS REDUCTION.—The basis of any of signage or logos) the sale of any renewable transaction, or by one or more members of property shall be reduced by the portion of fuel; or CFIUS,’’. the cost of such property taken into account ‘‘(D) selling renewable fuel in any specified On page 3, line 10, strike ‘‘under this sec- under subsection (a). area on the marketing premises of the tion’’ and insert ‘‘in accordance with para- ‘‘(3) DENIAL OF DOUBLE BENEFIT.— franchisee (including any area in which a graph (1)(A)’’.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.068 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8292 CONGRESSIONAL RECORD — SENATE July 26, 2006

On page 3, line 24, strike ‘‘entity’’ and in- On page 28, line 5, strike ‘‘(5)’’ and insert ‘‘(A) DEFINITIONS.—In this paragraph: sert ‘‘person’’. ‘‘(6)’’. ‘‘(i) E–85 FUEL.—The term ‘E–85 fuel’ means On page 4, beginning on line 19, strike ‘‘ad- On page 28, line 11, strike ‘‘(6)’’ and insert a blend of gasoline approximately 85 percent ditional assurances’’ and insert ‘‘assurances ‘‘(7)’’. of the content of which is derived from eth- provided or renewed with the approval of On page 28, line 14, strike ‘‘(7)’’ and insert anol produced in the United States. CFIUS’’. ‘‘(8)’’. ‘‘(ii) MAJOR OIL COMPANY.—The term On page 4, line 22, strike ‘‘and’’ and insert ‘major oil company’ means any person that, ‘‘or’’. SA 4704. Mr. HARKIN (for himself, individually or together with any other per- On page 5, line 2, insert before the period Mr. JOHNSON, Mr. BAYH, and Mr. son with respect to which the person has an the following: ‘‘, and the issues that could re- OBAMA) submitted an amendment in- affiliate relationship or significant owner- sult in an impairment to national security tended to be proposed by him to the ship interest, has not less than 4,500 retail are not resolved through negotiation of as- bill S. 3711, to enhance the energy inde- station outlets according to the latest publi- surances between one or more members of pendence and security of the United cation of the Petroleum News Annual CFIUS and the entities involved in the trans- Factbook. action’’. States by providing for exploration, de- ‘‘(iii) SECRETARY.—The term ‘Secretary’ On page 5, strike line 22 and all that fol- velopment, and production activities means the Secretary of Energy, acting in lows through page 6, line 6 and insert the fol- for mineral resources in the Gulf of consultation with the Administrator of the lowing: Mexico, and for other purposes; which Environmental Protection Agency and the ‘‘ ‘(4) MONITORING OF WITHDRAWN TRANS- was ordered to lie on the table; as fol- Secretary of Agriculture. ACTIONS.—If the notification or filing with lows: ‘‘(B) REGULATIONS.—The Secretary shall respect to a proposed transaction is with- promulgate regulations to ensure that each At the end, add the following: drawn or rescinded, CFIUS shall continue to major oil company that sells or introduces monitor such transaction, unless the trans- SEC. 6 RENEWABLE FUEL PROGRAM. gasoline into commerce in the United States action is terminated by agreement of the Section 211(o)(2) of the Clean Air Act (42 through wholly-owned stations or branded parties to the transaction. If CFIUS has rea- U.S.C. 7545(o)(2)) is amended by striking sub- stations installs or otherwise makes avail- son to believe that the proposed transaction paragraph (B) and inserting the following: able 1 or more pumps that dispense E–85 fuel has not been so terminated, CFIUS shall ini- ‘‘(B) APPLICABLE VOLUME.—For the purpose (including any other equipment necessary, tiate a review or investigation under this of subparagraph (A), the applicable volume such as including tanks, to ensure that the section if the parties do not resubmit the no- for calendar years 2007 through 2010 shall be pumps function properly) at not less than tification or filing within an appropriate pe- determined, by rule, by the Administrator, the applicable percentage of the wholly- riod of time.’’. in consultation with the Secretary of Agri- owned stations and the branded stations of On page 6, strike lines 7 through 23 and in- culture and the Secretary of Energy, in a the major oil company specified in subpara- sert the following: manner that ensures that the applicable vol- graph (C). ume for calendar year 2010 and each calendar ‘‘ ‘(5) MANDATORY NOTIFICATION RELATED TO ‘‘(C) APPLICABLE PERCENTAGE.—For the CERTAIN TRANSACTIONS AFFECTING NATIONAL year thereafter is at least 10,000,000,000 gal- purpose of subparagraph (B), the applicable SECURITY.—The chairperson and vice chair- lons of renewable fuel.’’. percentage of the wholly-owned stations and person of CFIUS shall, not later than 90 days the branded stations shall be determined in after the date of enactment of the Foreign SA 4705. Mr. HARKIN (for himself, accordance with the following table: Investment and National Security Act of Mr. LUGAR, and Mr. JOHNSON) sub- ‘‘Applicable 2006, issue rules, including the imposition of mitted an amendment intended to be percentage of appropriate penalties for failure to comply proposed by him to the bill S. 3711, to wholly-owned with this paragraph, that require each per- enhance the energy independence and stations and son controlled by or acting on behalf of a for- security of the United States by pro- branded stations eign government to notify the chairperson of viding for exploration, development, Calendar year: (percent): CFIUS in writing of any proposed trans- 2007 ...... 5 action involving such person and United and production activities for mineral resources in the Gulf of Mexico, and for 2008 ...... 10 States critical infrastructure relating to 2009 ...... 15 United States national security.’’. other purposes; which was ordered to 2010 ...... 20 On page 8, line 17, strike ‘‘(or longer)’’. lie on the table; as follows: 2011 ...... 25 On page 9, line 3, strike ‘‘AND CLASSIFICA- At the end, add the following: 2012 ...... 30 TIONS’’. SEC. 6. BIOFUELS SECURITY. 2013 ...... 35 On page 9, line 15, strike ‘‘and classifying’’. (a) SHORT TITLE.—This section may be 2014 ...... 40 On page 10, line 17, strike ‘‘and classifica- 2015 ...... 45 tion’’. cited as the ‘‘Biofuels Security Act of 2006’’. (b) RENEWABLE FUELS.— 2016 and each calendar year there- 50. On page 15, line 1, strike ‘‘ranking’’ and in- after. sert ‘‘assessments’’. (1) RENEWABLE FUEL PROGRAM.—Section On page 16, line 5, strike ‘‘ADDITIONAL’’. 211(o)(2) of the Clean Air Act (42 U.S.C. ‘‘(D) GEOGRAPHIC DISTRIBUTION.— On page 17, line 6, insert ‘‘of CFIUS’’ after 7545(o)(2)) is amended by striking subpara- ‘‘(i) IN GENERAL.—Subject to clause (ii), in ‘‘vice chairperson’’. graph (B) and inserting the following: promulgating regulations under subpara- On page 19, line 12, strike ‘‘transaction’’ ‘‘(B) APPLICABLE VOLUME.— graph (B), the Secretary shall ensure that and all that follows through line 16 and in- ‘‘(i) IN GENERAL.—For the purpose of sub- each major oil company described in sub- sert ‘‘transaction; and’’. paragraph (A), the applicable volume for cal- paragraph (B) installs or otherwise makes On page 20, line 3, insert ‘‘does or’’ before endar year 2010 and each calendar year there- available 1 or more pumps that dispense E–85 ‘‘does not’’. after shall be determined, by rule, by the Ad- fuel at not less than a minimum percentage On page 23, strike lines 21 through 24. ministrator, in consultation with the Sec- (specified in the regulations) of the wholly- On page 24, line 1, strike ‘‘(vi)’’ and insert retary of Agriculture and the Secretary of owned stations and the branded stations of ‘‘(v)’’. Energy, in a manner that ensures that— the major oil company in each State. On page 24, line 10, strike ‘‘(vii)’’ and insert ‘‘(I) the requirements described in clause ‘‘(ii) REQUIREMENT.—In specifying the min- ‘‘(vi)’’ (ii) for specified calendar years are met; and imum percentage under clause (i), the Sec- On page 24, line 17, strike ‘‘(vii)’’ and insert ‘‘(II) the applicable volume for each cal- retary shall ensure that each major oil com- ‘‘(vii)’’. endar year not specified in clause (ii) is de- pany installs or otherwise makes available 1 On page 27, line 4, strike ‘‘the term’’ and termined on an annual basis. or more pumps described in that clause in insert the following: ‘‘the term ‘assurances’ ‘‘(ii) REQUIREMENTS.—The requirements re- each State in which the major oil company means any term, understanding, commit- ferred to in clause (i) are— operates. ment, agreement, or limitation, however de- ‘‘(I) for calendar year 2010, at least ‘‘(E) FINANCIAL RESPONSIBILITY.—In pro- scribed, that relates to ameliorating in any 10,000,000,000 gallons of renewable fuel; mulgating regulations under subparagraph way the potential effect of a transaction on ‘‘(II) for calendar year 2020, at least (B), the Secretary shall ensure that each the national security; 30,000,000,000 gallons of renewable fuel; and major oil company described in that sub- ‘‘(2) the term’’. ‘‘(III) for calendar year 2030, at least paragraph assumes full financial responsi- On page 27, line 12, strike ‘‘(2)’’ and insert 60,000,000,000 gallons of renewable fuel.’’. bility for the costs of installing or otherwise ‘‘(3)’’. (2) INSTALLATION OF E–85 FUEL PUMPS BY making available the pumps described in On page 27, line 19, strike ‘‘(3)’’ and insert MAJOR OIL COMPANIES AT OWNED STATIONS AND that subparagraph and any other equipment ‘‘(4)’’. BRANDED STATIONS.—Section 211(o) of the necessary (including tanks) to ensure that On page 27, line 22, strike ‘‘(4)’’ and insert Clean Air Act (42 U.S.C. 7545(o)) is amended the pumps function properly. ‘‘(5)’’. by adding at the end the following: ‘‘(F) PRODUCTION CREDITS FOR EXCEEDING E– On page 27, line 25, strike the period and ‘‘(11) INSTALLATION OF E–85 FUEL PUMPS BY 85 FUEL PUMPS INSTALLATION REQUIREMENT.— all that follows through ‘‘The term includes’’ MAJOR OIL COMPANIES AT OWNED STATIONS AND ‘‘(i) EARNING AND PERIOD FOR APPLYING on page 28, line 1 and insert ‘‘, and includes’’. BRANDED STATIONS.— CREDITS.—If the percentage of the wholly-

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.069 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8293 owned stations and the branded stations of a ‘‘For each of the fol- The percentage of ‘‘(B) 0.1 divided by the fuel economy meas- major oil company at which the major oil lowing model years: dual fueled ured under subsection (a) when operating the company installs E–85 fuel pumps in a par- automobiles model on alternative fuel. ticular calendar year exceeds the percentage manufactured shall ‘‘(4) Except as provided in subsection (d) of required under subparagraph (C), the major be not less than: this section, or section 32904(a)(2) of this oil company earns credits under this para- 2013 ...... 70 title, the Administrator shall measure the graph, which may be applied to any of the 3 2014 ...... 80 fuel economy for each model of dual fueled consecutive calendar years immediately 2015 ...... 90 automobiles manufactured by a manufac- after the calendar year for which the credits 2016 and beyond ...... 100. turer in each model year beginning not less are earned. than 54 months after the date of enactment ‘‘(ii) TRADING CREDITS.—Subject to clause ‘‘(b) PRODUCTION CREDITS FOR EXCEEDING of the Biofuels Security Act of 2006 in ac- (iii), a major oil company that has earned FLEXIBLE FUEL AUTOMOBILE PRODUCTION RE- cordance with section 32904(c) of this title. credits under clause (i) may sell credits to QUIREMENT.— ‘‘(5) Notwithstanding paragraphs (2) another major oil company to enable the ‘‘(1) EARNING AND PERIOD FOR APPLYING through (4) of this subsection, the fuel econ- purchaser to meet the requirement under CREDITS.—If the number of dual fueled auto- omy for all dual fueled automobiles manu- subparagraph (C). mobiles manufactured by a manufacturer in factured to comply with the requirements ‘‘(iii) EXCEPTION.—A major oil company a particular model year exceeds the number under section 32902A(a) of this title, includ- may not use credits purchased under clause required under subsection (a), the manufac- ing automobiles for which dual fueled auto- (ii) to fulfill the geographic distribution re- turer earns credits under this section, which mobile credits have been used or traded quirement in subparagraph (D).’’. may be applied to any of the 3 consecutive under section 32902A(b) of this title, shall be (3) MINIMUM FEDERAL FLEET REQUIRE- model years immediately after the model measured in accordance with section 32904(c) MENT.—Section 303(b)(1) of the Energy Policy year for which the credits are earned. of this title.’’. Act of 1992 (42 U.S.C. 13212(b)(1)) is amend- ‘‘(2) TRADING CREDITS.—A manufacturer ed— that has earned credits under paragraph (1) SA 4706. Mr. BAYH (for himself, Mr. (A) in subparagraph (C), by striking ‘‘and’’ may sell credits to another manufacturer to BROWNBACK, Mr. LIEBERMAN, Mr. COLE- after the semicolon; enable the purchaser to meet the require- MAN, Mr. SALAZAR, Mr. LUGAR, Mr. (B) in subparagraph (D), by striking ‘‘fiscal ment under subsection (a).’’. OBAMA, Mr. CHAFEE, Mr. AKAKA, Mrs. year 1999 and thereafter’’ and inserting (ii) TECHNICAL AMENDMENT.—The table of CLINTON, Ms. CANTWELL, Ms. COLLINS, sections for chapter 329 of title 49, United ‘‘each of fiscal years 1999 through 2006; and’’; Mr. KOHL, Mr. KERRY, Mr. KENNEDY, States Code, is amended by inserting after and Mr. GRAHAM, Mr. MENENDEZ, Mr. DODD, (C) by inserting after subparagraph (D) the the item relating to section 32902 the fol- lowing: and Mr. BINGAMAN) submitted an following: amendment intended to be proposed by ‘‘(E) 100 percent in fiscal year 2007 and ‘‘32902A. Requirement to manufacture dual him to the bill S. 3711, to enhance the thereafter,’’. fueled automobiles.’’. energy independence and security of (4) APPLICATION OF GASOHOL COMPETITION (B) ACTIVITIES TO PROMOTE THE USE OF CER- ACT OF 1980.—Section 26 of the Clayton Act (15 the United States by providing for ex- TAIN ALTERNATIVE FUELS.—The Secretary of ploration, development, and production U.S.C. 26a) is amended— Transportation shall carry out activities to (A) by redesignating subsection (c) as sub- promote the use of fuel mixtures containing activities for mineral resources in the section (d); gasoline or diesel fuel and 1 or more alter- Gulf of Mexico, and for other purposes; (B) by inserting after subsection (b) the native fuels, including a mixture containing which was ordered to lie on the table; following: at least 85 percent of methanol, denatured as follows: ‘‘(c) For purposes of subsection (a), re- ethanol, and other alcohols by volume with At the appropriate place, insert the fol- stricting the right of a franchisee to install gasoline or other fuels, to power automobiles lowing: on the premises of that franchisee a renew- in the United States. TITLE ll—VEHICLE AND FUEL CHOICES able fuel pump, such as one that dispenses (2) MANUFACTURING INCENTIVES FOR DUAL FOR AMERICAN SECURITY E85, shall be considered an unlawful restric- FUELED AUTOMOBILES .—Section 32905(b) of SEC. l01. FINDINGS AND PURPOSES. tion.’’; and title 49, United States Code, is amended— (C) in subsection (d) (as redesignated by (a) FINDINGS.—Congress finds that— (A) by redesignating paragraphs (1) and (2) (1) the United States is dangerously de- subparagraph (A))— as subparagraphs (A) and (B), respectively; (i) by striking ‘‘section,’’ and inserting the pendent on oil; (B) by inserting ‘‘(1)’’ before ‘‘Except’’; (2) that dependence threatens the national following: ‘‘section— (C) by striking ‘‘model years 1993–2010’’ and ‘‘(1) the term’’; security, weakens the economy, and harms inserting ‘‘model year 1993 through the first the environment of the United States; (ii) by striking the period at the end and model year beginning not less than 18 inserting ‘‘; and’’; and (3) the United States currently imports months after the date of enactment of the nearly 60 percent of oil needed in the United (iii) by adding at the end the following: Biofuels Security Act of 2006’’; and ‘‘(2) the term ‘gasohol’ includes any blend States, and that percentage is expected to (D) by adding at the end the following: grow to almost 70 percent by 2025 if no ac- of ethanol and gasoline such as E–85.’’. ‘‘(2) Except as provided in paragraph (5) of tions are taken; (c) DUAL FUELED AUTOMOBILES.— this subsection, subsection (d) of this sec- (4) approximately 2,500,000 barrels of oil per (1) REQUIREMENT TO MANUFACTURE DUAL tion, or section 32904(a)(2) of this title, the day are imported from countries in the Per- FUELED AUTOMOBILES.— Administrator shall measure the fuel econ- sian Gulf region; (A) REQUIREMENT.— omy for each model of dual fueled auto- (5) dependence on foreign oil has led to (i) IN GENERAL.—Chapter 329 of title 49, mobiles manufactured by a manufacturer in strategic partnerships with some regimes United States Code, is amended by inserting the first model year beginning not less than that do not share the democratic values of after section 32902 the following: 30 months after the date of enactment of the the United States; ‘‘§ 32902A. Requirement to manufacture dual Biofuels Security Act of 2006 by dividing 1.0 (6) terrorists have identified oil as a stra- fueled automobiles by the sum of— tegic vulnerability and have increased at- ‘‘(a) REQUIREMENT.—Each manufacturer of ‘‘(A) 0.7 divided by the fuel economy meas- tacks against oil infrastructure worldwide; new automobiles that are capable of oper- ured under section 32904(c) of this title when (7) oil imports comprise nearly 30 percent ating on gasoline or diesel fuel shall ensure operating the model on gasoline or diesel of the dangerously high United States trade that the percentage of such automobiles, fuel; and deficit; manufactured in any model year after model ‘‘(B) 0.3 divided by the fuel economy meas- (8) it is technically feasible to achieve oil year 2006 and distributed in commerce for ured under subsection (a) when operating the savings of more than 2,500,000 barrels per day sale in the United States, which are dual model on alternative fuel. by 2017 and 7,000,000 barrels per day by 2026; fueled automobiles is equal to not less than ‘‘(3) Except as provided in paragraph (5) of (9) those goals can be achieved by estab- the applicable percentage set forth in the this subsection, subsection (d) of this sec- lishing a set of flexible policies, including— following table: tion, or section 32904(a)(2) of this title, the (A) increasing the gasoline-efficiency of ‘‘For each of the fol- The percentage of Administrator shall measure the fuel econ- cars, trucks, tires, and oil; lowing model years: dual fueled omy for each model of dual fueled auto- (B) providing economic incentives for com- automobiles mobiles manufactured by a manufacturer in panies and consumers to purchase fuel-effi- manufactured shall the first model year beginning not less than cient vehicles; be not less than: 42 months after the date of enactment of the (C) encouraging the use of transit and the 2007 ...... 10 Biofuels Security Act of 2006 by dividing 1.0 reduction of truck idling; and 2008 ...... 20 by the sum of— (D) increasing production and commer- 2009 ...... 30 ‘‘(A) 0.9 divided by the fuel economy meas- cialization of alternative liquid fuels; 2010 ...... 40 ured under section 32904(c) of this title when (10) technology available as of the date of 2011 ...... 50 operating the model on gasoline or diesel enactment of this Act (including popular hy- 2012 ...... 60 fuel; and brid-electric vehicle models, the sales of

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.072 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8294 CONGRESSIONAL RECORD — SENATE July 26, 2006 which in the United States increased 173 per- spective agency using authorities described proposed under subsection (b)(2), the Sec- cent in the first 5 months of 2005 as com- in subsection (b). retary of Energy, the Secretary of Transpor- pared with the same period in 2004) make an (b) AUTHORITIES.—The head of each agency tation, and the Administrator shall promul- oil savings plan eminently achievable; described in subsection (a) shall use to carry gate final versions of those regulations. (11) achieving those goals will benefit con- out this section— SEC. l15. BASELINE AND ANALYSIS REQUIRE- sumers and businesses through lower fuel (1) any authority in existence on the date MENTS. bills and reduction in world oil prices; of enactment of this Act (including regula- In performing the analyses and promul- (12) achieving those goals will help protect tions); and gating proposed or final regulations to estab- the economy of the United States from high (2) any new authority provided under this lish standards and other requirements nec- and volatile oil prices; and Act (including an amendment made by this essary to achieve the oil savings required by (13) it is urgent, essential, and feasible to Act). this subtitle, the Secretary of Energy, the implement an action plan to achieve oil sav- (c) FINAL REGULATIONS.—Not later than 18 Secretary of Transportation, the Secretary ings as soon as practicable because any delay months after the date of enactment of this of Defense, the Secretary of Agriculture, the in initiating action will— Act, the head of each agency described in Administrator of the Environmental Protec- (A) make achieving necessary oil savings subsection (a) shall promulgate final tion Agency, and the head of any other agen- more difficult and expensive; and versions of the regulations required under cy the President determines to be appro- (B) increase the risks to the national secu- this section. priate shall— rity, economy, and environment of the (d) AGENCY ANALYSES.—Each proposed and (1) determine oil savings as the projected United States. final regulation promulgated under this sec- reduction in oil consumption from the base- (b) PURPOSES.—The purposes of this title tion shall— line established by the reference case con- are— (1) be designed to achieve at least the oil tained in the report of the Energy Informa- (1) to accelerate market penetration of savings resulting from the regulation under tion Administration entitled ‘‘Annual En- electric drive and alternative motor vehi- the action plan published under section l11; ergy Outlook 2005’’; cles; and (2) determine the oil savings projections (2) to enable the accelerated market pene- (2) be accompanied by an analysis by the required on an annual basis for each of cal- tration of efficient technologies and alter- applicable agency describing the manner in endar years 2009 through 2026; and native fuels without adverse impact on air which the regulation will promote the (3) account for any overlap among the quality while maintaining a policy of fuel achievement of the oil savings from the standards and other requirements to ensure neutrality, so as to allow market forces to baseline determined under section l15. that the projected oil savings from all the elect the technologies and fuels that are con- SEC. l13. INITIAL EVALUATION. promulgated standards and requirements, sumer-friendly, safe, environmentally-sound, (a) IN GENERAL.—Not later than 2 years taken together, are as accurate as prac- and economic; after the date of enactment of this Act, the ticable. (3) to provide time-limited financial incen- Director shall publish in the Federal Reg- Subtitle B—Fuel Efficient Vehicles for the tives to encourage production and consumer ister a Federal Government-wide analysis of 21st Century purchase of oil saving technologies and fuels the oil savings achieved from the baseline es- SEC. l21. TIRE EFFICIENCY PROGRAM. nationwide; and tablished under section l15. (a) STANDARDS FOR TIRES MANUFACTURED (4) to promote a nationwide diversity of (b) INADEQUATE OIL SAVINGS.—If the oil FOR INTERSTATE COMMERCE.—Section 30123 of motor vehicle fuels and advanced motor ve- savings are less than the targets established under section l11, simultaneously with the title 49, United States Code, is amended— hicle technology, including advanced lean (1) in subsection (b)— burn technology, hybrid technology, flexible analysis required under subsection (a)— (1) the Director shall publish a revised ac- (A) in the first sentence, by striking ‘‘The fuel motor vehicles, alternatively fueled Secretary’’ and inserting the following: motor vehicles, and other oil saving tech- tion plan that is adequate to achieve the tar- ‘‘(1) UNIFORM QUALITY GRADING SYSTEM.— nologies. gets; and (2) the Secretary of Energy, the Secretary ‘‘(A) IN GENERAL.—The Secretary’’; Subtitle A—Oil Savings Plan and of Transportation, and the Administrator (B) in the second sentence, by striking Requirements shall propose new or revised regulations ‘‘The Secretary’’ and inserting the following: SEC. l11. OIL SAVINGS TARGET AND ACTION under subsections (a), (b), and (c), respec- ‘‘(2) NOMENCLATURE AND MARKETING PRAC- PLAN. tively, of section l12. TICES.—The Secretary’’; Not later than 270 days after the date of (c) FINAL REGULATIONS.—Not later than 180 (C) in the third sentence, by striking ‘‘A enactment of this Act, the Director of the days after the date on which regulations are tire standard’’ and inserting the following: Office of Management and Budget (referred proposed under subsection (b)(2), the Sec- ‘‘(3) EFFECT OF STANDARDS AND REGULA- to in this subtitle as the ‘‘Director’’) shall retary of Energy, the Secretary of Transpor- TIONS.—A tire standard’’; and publish in the Federal Register an action tation, and the Administrator shall promul- (D) in paragraph (1), as designated by sub- plan consisting of— gate final versions of those regulations. paragraph (A), by adding at the end the fol- (1) a list of requirements proposed or to be SEC. l14. REVIEW AND UPDATE OF ACTION lowing: proposed pursuant to section l12 that are PLAN. ‘‘(B) INCLUSION.—The grading system es- authorized to be issued under law in effect on (a) REVIEW.—Not later than January 1, tablished pursuant to subparagraph (A) shall the date of enactment of this Act, and this 2011, and every 3 years thereafter, the Direc- include standards for rating the fuel effi- Act, that will be sufficient, when taken to- tor shall submit to Congress, and publish, a ciency of tires designed for use on passenger gether, to save from the baseline determined report that— cars and light trucks.’’; and under section l15— (1) evaluates the progress achieved in im- (2) by adding at the end the following: (A) 2,500,000 barrels of oil per day on aver- plementing the oil savings targets estab- ‘‘(d) NATIONAL TIRE EFFICIENCY PROGRAM.— age during calendar year 2016; lished under section l11; ‘‘(1) DEFINITION.—In this subsection, the (B) 7,000,000 barrels of oil per day on aver- (2) analyzes the expected oil savings under term ‘fuel economy’, with respect to a tire, age during calendar year 2026; and the standards and requirements established means the extent to which the tire contrib- (C) 10,000,000 barrels per day on average under this Act and the amendments made by utes to the fuel economy of the motor vehi- during calendar year 2031; and this Act; and cle on which the tire is mounted. (2) a Federal Government-wide analysis (3)(A) analyzes the potential to achieve oil ‘‘(2) PROGRAM.—The Secretary shall de- of— savings that are in addition to the savings velop and carry out a national tire fuel effi- (A) the expected oil savings from the base- required by section l11; and ciency program for tires designed for use on line to be accomplished by each requirement; (B) if the President determines that it is in passenger cars and light trucks. and the national interest, establishes a higher oil ‘‘(3) REQUIREMENTS.—Not later than March (B) whether all such requirements, taken savings target for calendar year 2017 or any 31, 2008, the Secretary shall issue regula- together, will achieve the oil savings speci- subsequent calendar year. tions, which establish— fied in this section. (b) INADEQUATE OIL SAVINGS.—If the oil ‘‘(A) policies and procedures for testing SEC. l12. STANDARDS AND REQUIREMENTS. savings are less than the targets established and labeling tires for fuel economy to enable (a) IN GENERAL.—On or before the date of under section l11, simultaneously with the tire buyers to make informed purchasing de- publication of the action plan under section report required under subsection (a)— cisions about the fuel economy of tires; l11, the Secretary of Energy, the Secretary (1) the Director shall publish a revised ac- ‘‘(B) policies and procedures to promote of Transportation, the Secretary of Defense, tion plan that is adequate to achieve the tar- the purchase of energy efficient replacement the Secretary of Agriculture, the Adminis- gets; and tires, including purchase incentives, website trator of the Environmental Protection (2) the Secretary of Energy, the Secretary listings on the Internet, printed fuel econ- Agency, and the head of any other agency of Transportation, and the Administrator omy guide booklets, and mandatory require- the President determines appropriate shall shall propose new or revised regulations ments for tire retailers to provide tire buy- each propose, or issue a notice of intent to under subsections (a), (b), and (c), respec- ers with fuel efficiency information on tires; propose, regulations establishing each stand- tively, of section l12. and ard or other requirement listed in the action (c) FINAL REGULATIONS.—Not later than 180 ‘‘(C) minimum fuel economy standards for plan that is under the jurisdiction of the re- days after the date on which regulations are tires.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.073 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8295

‘‘(4) MINIMUM FUEL ECONOMY STANDARDS.— (b) AUTHORIZATION OF APPROPRIATIONS.— imum feasible average fuel economy level In promulgating minimum fuel economy There are authorized to be appropriated to that the Secretary decides that manufactur- standards for tires, the Secretary shall de- the Administrator of the Environmental ers can achieve in that model year. The Sec- sign standards that— Protection Agency, working in coordination retary may prescribe separate standards for ‘‘(A) ensure, in conjunction with the re- with the Secretary of Education, $5,000,000 different classes of heavy duty motor vehi- quirements under paragraph (3)(B), that the for each of fiscal years 2007 through 2012 for cles. The standards for each model year shall average fuel economy of replacement tires is use in educating States and local education be completed not later than 18 months before not less than the average fuel economy of agencies about— the beginning of each model year. tires sold as original equipment; (1) benefits of reducing school bus idling; ‘‘(b) CONSIDERATIONS AND CONSULTATION.— ‘‘(B) secure the maximum technically fea- and In determining maximum feasible average sible and cost-effective fuel savings; (2) ways in which school bus idling may be fuel economy, the Secretary shall consider— ‘‘(C) do not adversely affect tire safety; reduced. ‘‘(1) relevant available heavy duty motor ‘‘(D) incorporate the results from— SEC. l23. FUEL EFFICIENCY FOR HEAVY DUTY vehicle fuel consumption information; ‘‘(i) laboratory testing; and TRUCKS. ‘‘(2) technological feasibility; ‘‘(ii) to the extent appropriate and avail- Part C of subtitle VI of title 49, United ‘‘(3) economic practicability; able, on-road fleet testing programs con- States Code, is amended by inserting after ‘‘(4) the desirability of reducing United ducted by manufacturers; and chapter 329 the following: States dependence on oil; ‘‘(E) do not adversely affect efforts to man- ‘‘CHAPTER 330—HEAVY DUTY VEHICLE ‘‘(5) the effects of average fuel economy age scrap tires. FUEL ECONOMY STANDARDS standards on vehicle safety; ‘‘(5) APPLICABILITY.—The policies, proce- ‘‘(6) the effects of average fuel economy ‘‘CHAPTER 330—HEAVY DUTY VEHICLE FUEL dures, and standards developed under para- standards on levels of employment and com- ECONOMY STANDARDS graph (3) shall apply to all tire types and petitiveness of the heavy truck manufac- models regulated under the uniform tire ‘‘Sec. turing industry ; and quality grading standards in section 575.104 ‘‘33001. Purpose and policy. ‘‘(7) the extent to which the standard will of title 49, Code of Federal Regulations (or a ‘‘33002. Definition. carry out the purpose described in section successor regulation). ‘‘33003. Testing and assessment. 33001. ‘‘33004. Standards. ‘‘(6) REVIEW.— ‘‘(c) COOPERATION.—The Secretary may ad- ‘‘33005. Authorization of appropriations. ‘‘(A) IN GENERAL.—Not less than once every vise, assist, and cooperate with departments, 3 years, the Secretary shall— ‘‘§ 33001. Purpose and policy agencies, and instrumentalities of the United ‘‘(i) review the minimum fuel economy ‘‘The purpose of this chapter is to reduce States Government, States, and other public standards in effect for tires under this sub- petroleum consumption by heavy duty motor and private agencies in developing fuel econ- section; and vehicles. omy standards for heavy duty motor vehi- ‘‘(ii) subject to subparagraph (B), revise ‘‘§ 33002. Definition cles. ‘‘(d) 5-YEAR PLAN FOR TESTING STAND- the standards as necessary to ensure compli- ‘‘In this chapter, the term ‘heavy duty ance with standards described in paragraph ARDS.—The Secretary shall establish, peri- motor vehicle’— odically review, and continually update a 5- (4). ‘‘(1) means a vehicle having a gross vehicle ‘‘(B) LIMITATION.—The Secretary may not year plan for testing heavy duty motor vehi- weight rating of at least 10,000 pounds that is cle fuel economy standards prescribed under reduce the average fuel economy standards driven or drawn by mechanical power and applicable to replacement tires. this chapter. In developing and establishing manufactured primarily for use on public testing priorities, the Secretary shall con- ‘‘(7) NO PREEMPTION OF STATE LAW.—Noth- streets, roads, and highways; and ing in this section shall be construed to pre- sider factors the Secretary considers appro- ‘‘(2) does not include a vehicle operated priate, consistent with the purpose described empt any provision of State law relating to only on a rail line. higher fuel economy standards applicable to in section 33001 and the Secretary’s other du- replacement tires designed for use on pas- ‘‘§ 33003. Testing and assessment ties and powers under this chapter. senger cars and light trucks. ‘‘(a) GENERAL REQUIREMENTS.—The Admin- ‘‘§ 33005. Authorization of appropriations ‘‘(8) EXCEPTIONS.—Nothing in this section istrator of the Environmental Protection ‘‘There are authorized to be appropriated, shall apply to— Agency (referred to in this section as the for each of fiscal years 2007 through 2011, ‘‘(A) a tire or group of tires with the same ‘Administrator’) shall develop and coordi- such sums as may be necessary to carry out stock keeping unit, plant, and year, for nate a national testing and assessment pro- this chapter.’’. gram to— which the volume of tires produced or im- SEC. l24. NEAR-TERM VEHICLE TECHNOLOGY ported is less than 15,000 annually; ‘‘(1) determine the fuel economy of heavy PROGRAM. duty vehicles; and ‘‘(B) a deep tread, winter-type snow tire, (a) PURPOSES.—The purposes of this section space-saver tire, or temporary use spare tire; ‘‘(2) assess the fuel efficiency attainable are— ‘‘(C) a tire with a normal rim diameter of through available technology. (1) to enable and promote, in partnership 12 inches or less; ‘‘(b) TESTING.—The Administrator shall— with industry, comprehensive development, ‘‘(D) a motorcycle tire; or ‘‘(1) design a National testing program to demonstration, and commercialization of a ‘‘(E) a tire manufactured specifically for assess the fuel economy of heavy duty vehi- wide range of electric drive components, sys- use in an off-road motorized recreational ve- cles (based on the program for light duty ve- tems, and vehicles using diverse electric hicle.’’. hicles); and drive transportation technologies; (b) CONFORMING AMENDMENT.—Section ‘‘(2) implement the program described in (2) to make critical public investments to 30103(b)(1) of title 49, United States Code, is paragraph (1) not later than 18 months after help private industry, institutions of higher amended by striking ‘‘When’’ and inserting the date of enactment of this chapter. education, National Laboratories, and re- ‘‘Except as provided in section 30123(d), if’’. ‘‘(c) ASSESSMENT.—The Administrator search institutions to expand innovation, in- (c) TIME FOR IMPLEMENTATION.—Beginning shall consult with the Secretary of Transpor- dustrial growth, and jobs in the United not later than March 31, 2008, the Secretary tation on the assessment of available tech- States; of Transportation shall administer the na- nologies to enhance the fuel efficiency of tional tire fuel efficiency program estab- (3) to expand the availability of the exist- heavy duty vehicles to ensure that vehicle ing electric infrastructure for fueling light lished under section 30123(d) of title 49, use and needs are considered appropriately United States Code, in accordance with the duty transportation and other on-road and in the assessment. nonroad vehicles that are using petroleum policies, procedures, and standards developed ‘‘(d) REPORTING.—The Administrator and are mobile sources of emissions— under section 30123(d)(3) of such title. shall— (A) including the more than 3,000,000 re- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) not later than 2 years after the date of ported units (such as electric forklifts, golf There are authorized to be appropriated, for enactment of this chapter, submit a report carts, and similar nonroad vehicles) in use each of fiscal years 2007 through 2011, such to Congress regarding the results of the as- on the date of enactment of this Act; and sums as may be necessary to carry out sec- sessment of available technologies to im- tion 30123(d) of title 49, United States Code, (B) with the goal of enhancing the energy prove the fuel efficiency of heavy duty vehi- as added by subsection (a). security of the United States, reduce depend- cles. ence on imported oil, and reduce emissions SEC. l22. REDUCTION OF SCHOOL BUS IDLING. ‘‘(2) submit a report to Congress, at least through the expansion of grid supported mo- (a) STATEMENT OF POLICY.—Congress en- biannually, that addresses the fuel economy courages each local educational agency (as bility; of heavy duty vehicles; and defined in section 9101(26) of the Elementary (4) to accelerate the widespread commer- and Secondary Education Act of 1965 (20 ‘‘§ 33004. Standards cialization of all types of electric drive vehi- U.S.C. 7801(26))) that receives Federal funds ‘‘(a) GENERAL REQUIREMENTS.—Not later cle technology into all sizes and applications under the Elementary and Secondary Edu- than 18 months after completing the testing of vehicles, including commercialization of cation Act of 1965 (20 U.S.C. 6301 et seq.) to and assessments under section 33003, the Sec- plug-in hybrid electric vehicles and plug-in develop a policy to reduce the incidence of retary of Transportation shall prescribe av- hybrid fuel cell vehicles; and school bus idling at schools while picking up erage heavy duty vehicle fuel economy (5) to improve the energy efficiency of and and unloading students. standards. Each standard shall be the max- reduce the petroleum use in transportation.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.073 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8296 CONGRESSIONAL RECORD — SENATE July 26, 2006

(b) DEFINITIONS.—In this section: (5) nanomaterial technology applied to ‘‘(1) COST.—The term ‘cost’ has the mean- (1) BATTERY.—The term ‘‘battery’’ means both battery and fuel cell systems; ing given the term ‘cost of a loan guarantee’ an energy storage device used in an on-road (6) large-scale demonstrations, testing, and within the meaning of section 502(5)(C) of the or nonroad vehicle powered in whole or in evaluation of plug-in hybrid electric vehicles Federal Credit Reform Act of 1990 (2 U.S.C. part using an off-board or on-board source of in different applications with different bat- 661a(5)(C)). electricity. teries and control systems, including— ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible (2) ELECTRIC DRIVE TRANSPORTATION TECH- (A) military applications; project’ means a project to— NOLOGY.—The term ‘‘electric drive transpor- (B) mass market passenger and light-duty ‘‘(A) improve hybrid technologies under tation technology’’ means— truck applications; subsection (b); or (A) vehicles that use an electric motor for (C) private fleet applications; and ‘‘(B) encourage domestic production of effi- all or part of their motive power and that (D) medium- and heavy-duty applications; cient hybrid and advanced diesel vehicles may or may not use off-board electricity, in- (7) a nationwide education strategy for under section 712(a). cluding battery electric vehicles, fuel cell ve- electric drive transportation technologies ‘‘(3) GUARANTEE.— hicles, engine dominant hybrid electric vehi- providing secondary and high school teach- ‘‘(A) IN GENERAL.—The term ‘guarantee’ cles, plug-in hybrid electric vehicles, plug-in ing materials and support for university edu- has the meaning given the term ‘loan guar- hybrid fuel cell vehicles, and electric rail; or cation focused on electric drive system and antee’ in section 502 of the Federal Credit (B) equipment relating to transportation component engineering; Reform Act of 1990 (2 U.S.C. 661a). or mobile sources of air pollution that use an (8) development, in consultation with the ‘‘(B) INCLUSION.—The term ‘guarantee’ in- electric motor to replace an internal com- Administrator of the Environmental Protec- cludes a loan guarantee commitment (as de- bustion engine for all or part of the work of tion Agency, of procedures for testing and fined in section 502 of the Federal Credit Re- the equipment, including corded electric certification of criteria pollutants, fuel econ- form Act of 1990 (2 U.S.C. 661a)). equipment linked to transportation or mo- omy, and petroleum use for light-, medium- ‘‘(4) HYBRID TECHNOLOGY.—The term ‘hy- bile sources of air pollution. , and heavy-duty vehicle applications, in- brid technology’ means a battery or other re- (3) ENGINE DOMINANT HYBRID ELECTRIC VEHI- cluding consideration of— chargeable energy storage system, power CLE.—The term ‘‘engine dominant hybrid (A) the vehicle and fuel as a system, not electronic, hybrid systems integration, and electric vehicle’’ means an on-road or just an engine; and any other technology for use in hybrid vehi- nonroad vehicle that— (B) nightly off-board charging; and cles. (A) is propelled by an internal combustion (9) advancement of battery and corded ‘‘(5) OBLIGATION.—The term ‘obligation’ engine or heat engine using— electric transportation technologies in mo- means the loan or other debt obligation that (i) any combustible fuel; bile source applications by— is guaranteed under this section. (ii) an on-board, rechargeable storage de- (A) improvement in battery, drive train, ‘‘(b) AUTHORIZATION.—The Secretary shall vice; and and control system technologies; and accelerate efforts directed toward the im- (B) has no means of using an off-board (B) working with industry and the Admin- provement of hybrid technologies, including source of electricity. istrator of the Environmental Protection through the provision of loan guarantees (4) FUEL CELL VEHICLE.—The term ‘‘fuel Agency to— under subsection (c). cell vehicle’’ means an on-road or nonroad (i) understand and inventory markets; and ‘‘(c) LOAN GUARANTEES.— vehicle that uses a fuel cell (as defined in (ii) identify and implement methods of re- ‘‘(1) IN GENERAL.—The Secretary shall section 3 of the Spark M. Matsunaga Hydro- moving barriers for existing and emerging make guarantees under this section for eligi- gen Research, Development, and Demonstra- applications. ble projects on such terms and conditions as tion Act of 1990). (d) GOALS.—The goals of the electric drive the Secretary, in consultation with the Sec- (5) NONROAD VEHICLE.—The term ‘‘nonroad transportation technology program estab- retary of the Treasury, determines to be ap- vehicle’’ has the meaning given the term in lished under subsection (c) shall be to de- propriate. section 216 of the Clean Air Act (42 U.S.C. velop, in partnership with industry and insti- ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU- 7550). tutions of higher education, projects that TION.—No guarantee shall be made unless— (6) PLUG-IN HYBRID ELECTRIC VEHICLE.—The focus on— ‘‘(A) an appropriation for the cost has been term ‘‘plug-in hybrid electric vehicle’’ means (1) innovative electric drive technology de- made; or an on-road or nonroad vehicle that is pro- veloped in the United States; ‘‘(B) the Secretary has received from the pelled by an internal combustion engine or (2) growth of employment in the United borrower a payment in full for the cost of heat engine using— States in electric drive design and manufac- the obligation and deposited the payment (A) any combustible fuel; turing; into the Treasury. (B) an on-board, rechargeable storage de- (3) validation of the plug-in hybrid poten- ‘‘(3) AMOUNT.—Unless otherwise provided vice; and tial through fleet demonstrations; and by law, a guarantee by the Secretary shall (C) a means of using an off-board source of (4) acceleration of fuel cell commercializa- not exceed an amount equal to 80 percent of electricity. tion through comprehensive development the project cost of the hybrid technology (7) PLUG-IN HYBRID FUEL CELL VEHICLE.— and commercialization of the electric drive that is the subject of the guarantee, as esti- The term ‘‘plug-in hybrid fuel cell vehicle’’ technology systems that are the mated at the time at which the guarantee is means a fuel cell vehicle with a battery pow- foundational technology of the fuel cell vehi- issued. ered by an off-board source of electricity. cle system. ‘‘(4) REPAYMENT.— (c) PROGRAM.—The Secretary shall conduct (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—No guarantee shall be a program of research, development, dem- There is authorized to be appropriated to made unless the Secretary determines that onstration, and commercial application for carry out this section $300,000,000 for each of there is a reasonable prospect of repayment electric drive transportation technology, in- fiscal years 2007 through 2012. of the principal and interest on the obliga- cluding— SEC. l25. LIGHTWEIGHT MATERIALS RESEARCH tion by the borrower. (1) high capacity, high efficiency batteries; AND DEVELOPMENT. ‘‘(B) AMOUNT.—No guarantee shall be made (2) high efficiency on-board and off-board (a) IN GENERAL.—As soon as practicable unless the Secretary determines that the charging components; after the date of enactment of this Act, the amount of the obligation (when combined (3) high power drive train systems for pas- Secretary of Energy shall establish a re- with amounts available to the borrower from senger and commercial vehicles and for search and development program to deter- other sources) will be sufficient to carry out nonroad equipment; mine ways in which— the project. (4) control system development and power (1) the weight of vehicles may be reduced ‘‘(C) SUBORDINATION.—The obligation shall train development and integration for plug- to improve fuel efficiency without compro- be subject to the condition that the obliga- in hybrid electric vehicles, plug-in hybrid mising passenger safety; and tion is not subordinate to other financing. fuel cell vehicles, and engine dominant hy- (2) the cost of lightweight materials (such ‘‘(5) INTEREST RATE.—An obligation shall brid electric vehicles, including— as steel alloys and carbon fibers) required for bear interest at a rate that does not exceed (A) development of efficient cooling sys- the construction of lighter-weight vehicles a level that the Secretary determines appro- tems; may be reduced. priate, taking into account the prevailing (B) analysis and development of control (b) AUTHORIZATION OF APPROPRIATIONS.— rate of interest in the private sector for systems that minimize the emissions profile There is authorized to be appropriated to similar loans and risks. when clean diesel engines are part of a plug- carry out this section $60,000,000 for each of ‘‘(6) TERM.—The term of an obligation in hybrid drive system; and fiscal years 2007 through 2012. shall require full repayment over a period (C) development of different control sys- SEC. l26. HYBRID AND ADVANCED DIESEL VEHI- not to exceed the lesser of— tems that optimize for different goals, in- CLES. ‘‘(A) 30 years; or cluding— (a) HYBRID VEHICLES.—The Energy Policy ‘‘(B) 90 percent of the projected useful life (i) battery life; Act of 2005 is amended by striking section 711 of the physical asset to be financed by the (ii) reduction of petroleum consumption; (42 U.S.C. 16061) and inserting the following: obligation (as determined by the Secretary). and ‘‘SEC. 711. HYBRID VEHICLES. ‘‘(7) DEFAULTS.— (iii) green house gas reduction; ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) PAYMENT BY SECRETARY.—

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.073 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8297

‘‘(i) IN GENERAL.—If a borrower defaults on ‘‘(i) NOTIFICATION.—If the borrower de- ‘‘(D) for research and development per- the obligation (as defined in regulations pro- faults on an obligation, the Secretary shall formed in the United States related to ad- mulgated by the Secretary and specified in notify the Attorney General of the default. vanced technology motor vehicles and eligi- the guarantee contract), the holder of the ‘‘(ii) RECOVERY.—On receipt of notification, ble components. guarantee shall have the right to demand the Attorney General shall take such action ‘‘(2) ATTRIBUTION RULES.—In the event a fa- payment of the unpaid amount from the Sec- as the Attorney General determines to be ap- cility of the eligible taxpayer produces both retary. propriate to recover the unpaid principal and advanced technology motor vehicles and ‘‘(ii) PAYMENT REQUIRED.—Within such pe- interest due from— conventional motor vehicles, or eligible and riod as may be specified in the guarantee or ‘‘(I) such assets of the defaulting borrower non-eligible components, only the qualified related agreements, the Secretary shall pay as are associated with the obligation; or investment attributable to production of ad- to the holder of the guarantee the unpaid in- ‘‘(II) any other security pledged to secure vanced technology motor vehicles and eligi- terest on, and unpaid principal of the obliga- the obligation. ble components shall be taken into account. ‘‘(8) FEES.— tion as to which the borrower has defaulted, ‘‘(c) ADVANCED TECHNOLOGY MOTOR VEHI- ‘‘(A) IN GENERAL.—The Secretary shall unless the Secretary finds that— CLES AND ELIGIBLE COMPONENTS.—For pur- charge and collect fees for guarantees in ‘‘(I) there was no default by the borrower poses of this section— amounts the Secretary determines are suffi- in the payment of interest or principal; or ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- cient to cover applicable administrative ex- ‘‘(II) the default has been remedied. CLE.—The term ‘advanced technology motor penses. ‘‘(iii) FORBEARANCE.—Nothing in this sub- vehicle’ means— ‘‘(B) AVAILABILITY.—Fees collected under section precludes any forbearance by the ‘‘(A) any new advanced lean burn tech- this paragraph shall— holder of the obligation for the benefit of the nology motor vehicle (as defined in section ‘‘(i) be deposited by the Secretary into the borrower that may be agreed upon by the 30B(c)(3)), or Treasury; and parties to the obligation and approved by the ‘‘(B) any new qualified hybrid motor vehi- ‘‘(ii) remain available until expended, sub- Secretary. cle (as defined in section 30B(d)(3)(A) and de- ject to such other conditions as are con- ‘‘(B) SUBROGATION.— termined without regard to any gross vehicle tained in annual appropriations Acts. ‘‘(i) IN GENERAL.—If the Secretary makes a weight rating). ‘‘(9) RECORDS; AUDITS.— payment under subparagraph (A), the Sec- ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- ‘‘(A) IN GENERAL.—A recipient of a guar- retary shall be subrogated to the rights of gible component’ means any component in- antee shall keep such records and other per- the recipient of the payment as specified in herent to any advanced technology motor tinent documents as the Secretary shall pre- the guarantee or related agreements includ- vehicle, including— scribe by regulation, including such records ing, where appropriate, the authority (not- ‘‘(A) with respect to any gasoline or diesel- as the Secretary may require to facilitate an withstanding any other provision of law) electric new qualified hybrid motor vehicle— effective audit. to— ‘‘(i) electric motor or generator, ‘‘(B) ACCESS.—The Secretary and the ‘‘(ii) power split device, ‘‘(I) complete, maintain, operate, lease, or Comptroller General of the United States, or ‘‘(iii) power control unit, otherwise dispose of any property acquired their duly authorized representatives, shall ‘‘(iv) power controls, pursuant to the guarantee or related agree- have access, for the purpose of audit, to the ‘‘(v) integrated starter generator, or ments; or records and other pertinent documents. ‘‘(vi) battery, ‘‘(II) permit the borrower, pursuant to an ‘‘(10) FULL FAITH AND CREDIT.—The full ‘‘(B) with respect to any hydraulic new agreement with the Secretary, to continue faith and credit of the United States is qualified hybrid motor vehicle— to pursue the purposes of the eligible project, pledged to the payment of all guarantees ‘‘(i) hydraulic accumulator vessel, as the Secretary determines to be in the pub- issued under this section with respect to ‘‘(ii) hydraulic pump, or lic interest. principal and interest. ‘‘(iii) hydraulic pump-motor assembly, ‘‘(ii) SUPERIORITY OF RIGHTS.—The rights of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) with respect to any new advanced lean the Secretary, with respect to any property There are authorized to be appropriated such burn technology motor vehicle— acquired pursuant to a guarantee or related sums as are necessary to provide the cost of ‘‘(i) diesel engine, agreement, shall be superior to the rights of guarantees under this section.’’. ‘‘(ii) turbocharger, any other person with respect to the prop- (b) EFFICIENT HYBRID AND ADVANCED DIE- ‘‘(iii) fuel injection system, or erty. SEL VEHICLES.—Section 712(a) of the Energy ‘‘(iv) after-treatment system, such as a ‘‘(iii) TERMS AND CONDITIONS.—A guarantee Policy Act of 2005 (42 U.S.C. 16062(a)) is particle filter or NOx absorber, and agreement shall include such detailed terms amended in the second sentence by striking ‘‘(D) with respect to any advanced tech- and conditions as the Secretary determines ‘‘grants to automobile manufacturers’’ and nology motor vehicle, any other component appropriate to— inserting ‘‘grants and the provision of loan submitted for approval by the Secretary. ‘‘(I) protect the interests of the United guarantees under section 711(c) to auto- States in the case of default; and mobile manufacturers and suppliers’’. ‘‘(d) ENGINEERING INTEGRATION COSTS.—For ‘‘(II) have available all the patents and SEC. l27. ADVANCED TECHNOLOGY MOTOR VE- purposes of subsection (b)(1)(C), costs for en- technology necessary for any person se- HICLES MANUFACTURING CREDIT. gineering integration are costs incurred lected, including the Secretary, to complete (a) IN GENERAL.—Subpart B of part IV of prior to the market introduction of advanced and operate the eligible project. subchapter A of chapter 1 of the Internal technology vehicles for engineering tasks re- ‘‘(C) PAYMENT OF PRINCIPAL AND INTEREST Revenue Code of 1986 (relating to foreign tax lated to— BY SECRETARY.—With respect to any obliga- credit, etc.) is amended by adding at the end ‘‘(1) establishing functional, structural, tion guaranteed under this section, the Sec- the following new section: and performance requirements for compo- retary may enter into a contract to pay, and ‘‘SEC. 30D. ADVANCED TECHNOLOGY MOTOR VE- nent and subsystems to meet overall vehicle pay, holders of the obligation, for and on be- HICLES MANUFACTURING CREDIT. objectives for a specific application, half of the borrower, from funds appropriated ‘‘(a) CREDIT ALLOWED.—There shall be al- ‘‘(2) designing interfaces for components for that purpose, the principal and interest lowed as a credit against the tax imposed by and subsystems with mating systems within payments that become due and payable on this chapter for the taxable year an amount a specific vehicle application, the unpaid balance of the obligation if the equal to 35 percent of so much of the quali- ‘‘(3) designing cost effective, efficient, and Secretary finds that— fied investment of an eligible taxpayer for reliable manufacturing processes to produce ‘‘(i)(I) the borrower is unable to meet the such taxable year as does not exceed components and subsystems for a specific ve- payments and is not in default; $75,000,000. hicle application, and ‘‘(II) it is in the public interest to permit ‘‘(b) QUALIFIED INVESTMENT.—For purposes ‘‘(4) validating functionality and perform- the borrower to continue to pursue the pur- of this section— ance of components and subsystems for a poses of the eligible project; and ‘‘(1) IN GENERAL.—The qualified investment specific vehicle application. ‘‘(III) the probable net benefit to the Fed- for any taxable year is equal to the incre- ‘‘(e) ELIGIBLE TAXPAYER.—For purposes of eral Government in paying the principal and mental costs incurred during such taxable this section, the term ‘eligible taxpayer’ interest will be greater than the benefit that year— means any taxpayer if more than 50 percent would result in the event of a default; ‘‘(A) to re-equip or expand any manufac- of its gross receipts for the taxable year is ‘‘(ii) the amount of the payment that the turing facility of the eleigible taxpayer to derived from the manufacture of motor vehi- Secretary is authorized to pay will be no produce advanced technology motor vehi- cles or any component parts of such vehicles. greater than the amount of principal and in- cles, terest that the borrower is obligated to pay ‘‘(B) to re-equip, expand, or establish any ‘‘(f) LIMITATION BASED ON AMOUNT OF under the agreement being guaranteed; and manufacturing facility of the eligible tax- TAX.—The credit allowed under subsection ‘‘(iii) the borrower agrees to reimburse the payer to produce eligible components, (a) for the taxable year shall not exceed the Secretary for the payment (including inter- ‘‘(C) for engineering integration performed excess of— est) on terms and conditions that are satis- in the United States of such vehicles and ‘‘(1) the sum of— factory to the Secretary. components as described in subsection (d), ‘‘(A) the regular tax liability (as defined in ‘‘(D) ACTION BY ATTORNEY GENERAL.— and section 26(b)) for such taxable year, plus

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.073 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8298 CONGRESSIONAL RECORD — SENATE July 26, 2006 ‘‘(B) the tax imposed by section 55 for such incurred in taxable years beginning after De- ‘‘(B) allocate more than 1, but not to ex- taxable year and any prior taxable year be- cember 31, 2005. ceed 5, credits for investment in an emerging ginning after 1986 and not taken into ac- SEC. l28. CONSUMER INCENTIVES TO PURCHASE technology relating to any vehicle described count under section 53 for any prior taxable ADVANCED TECHNOLOGY VEHICLES. in subparagraph (A) to encourage— year, over (a) ELIMINATION ON NUMBER OF NEW QUALI- ‘‘(i) a reduction in petroleum demand; ‘‘(2) the sum of the credits allowable under FIED HYBRID AND ADVANCED LEAN BURN TECH- ‘‘(ii) technological advancement; and subpart A and sections 27, 30, and 30B for the NOLOGY VEHICLES ELIGIBLE FOR ALTERNATIVE ‘‘(iii) environmental safety.’’. taxable year. MOTOR VEHICLE CREDIT.— (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(g) REDUCTION IN BASIS.—For purposes of (1) IN GENERAL.—Section 30D of the Inter- There is authorized to be appropriated to this subtitle, if a credit is allowed under this nal Revenue Code of 1986 is amended by carry out this section (including the amend- section for any expenditure with respect to striking subsection (f) and by redesignating ments made by subsection (b)) $10,000,000 for any property, the increase in the basis of subsections (g) through (j) as subsections (f) the period of fiscal years 2007 through 2012. such property which would (but for this through (i), respectively. SEC. l30. TAX INCENTIVES FOR PRIVATE paragraph) result from such expenditure (2) CONFORMING AMENDMENTS.— FLEETS. shall be reduced by the amount of the credit (A) Paragraphs (4) and (6) of section 30B(h) (a) IN GENERAL.—Subpart E of part IV of so allowed. of the Internal Revenue Code of 1986 are each subchapter A of chapter 1 of the Internal ‘‘(h) NO DOUBLE BENEFIT.— amended amended by striking ‘‘(determined Revenue Code of 1986 is amended by inserting ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS without regard to subsection (g))’’ and in- after section 48B the following new section: AND CREDITS.—Except as provided in para- serting ‘‘determined without regard to sub- ‘‘SEC. 48C. FUEL-EFFICIENT FLEET CREDIT. graph (2), the amount of any deduction or section (f))’’. ‘‘(a) GENERAL RULE.—For purposes of sec- other credit allowable under this chapter for (B) Section 38(b)(25) of such Code is amend- tion 46, the fuel-efficient fleet credit for any any cost taken into account in determining ed by striking ‘‘section 30B(g)(1)’’ and insert- taxable year is 15 percent of the qualified the amount of the credit under subsection (a) ing ‘‘section 30B(f)(1)’’. fuel-efficient vehicle investment amount of shall be reduced by the amount of such cred- (C) Section 55(c)(2) of such Code is amended an eligible taxpayer for such taxable year. it attributable to such cost. by striking ‘‘section 30B(g)(2)’’ and inserting ‘‘(b) VEHICLE PURCHASE REQUIREMENT.—In ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— ‘‘section 30B(f)(2)’’. the case of any eligible taxpayer which ‘‘(A) IN GENERAL.—Except as provided in (D) Section 1016(a)(36) of such Code is places less than 10 qualified fuel-efficient ve- subparagraph (B), any amount described in amended by striking ‘‘section 30B(h)(4)’’ and hicles in service during the taxable year, the subsection (b)(1)(D) taken into account in de- inserting ‘‘section 30B(g)(4)’’. qualified fuel-efficient vehicle investment termining the amount of the credit under (E) Section 6501(m) of such Code is amend- amount shall be zero. subsection (a) for any taxable year shall not ed by striking ‘‘section 30B(h)(9)’’ and insert- ‘‘(c) QUALIFIED FUEL-EFFICIENT VEHICLE IN- be taken into account for purposes of deter- ing ‘‘section 30B(g)(9)’’. VESTMENT AMOUNT.—For purposes of this sec- mining the credit under section 41 for such (b) EXTENSION OF ALTERNATIVE VEHICLE tion— taxable year. CREDIT FOR NEW QUALIFIED HYBRID MOTOR ‘‘(1) IN GENERAL.—The term ‘qualified fuel- ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- VEHICLES.—Paragraph (3) of section 30B(i) of efficient vehicle investment amount’ means MINING BASE PERIOD RESEARCH EXPENSES.— the Internal Revenue Code of 1986 (as redes- the basis of any qualified fuel-efficient vehi- Any amounts described in subsection ignated by subsection (a)) is amended by cle placed in service by an eligible taxpayer (b)(1)(D) taken into account in determining striking ‘‘December 31, 2009’’ and inserting during the taxable year. the amount of the credit under subsection (a) ‘‘December 31, 2010’’. ‘‘(2) QUALIFIED FUEL-EFFICIENT VEHICLE.— for any taxable year which are qualified re- (c) EFFECTIVE DATE.—The amendments The term ‘qualified fuel-efficient vehicle’ search expenses (within the meaning of sec- made by this section shall apply to property means an automobile which has a fuel econ- tion 41(b)) shall be taken into account in de- placed in service after December 31, 2005, in omy which is at least 125 percent greater termining base period research expenses for taxable years ending after such date. than the average fuel economy standard for purposes of applying section 41 to subsequent SEC. l29. FEDERAL FLEET REQUIREMENTS. an automobile of the same class and model taxable years. year. ‘‘(i) BUSINESS CARRYOVERS ALLOWED.—If (a) REGULATIONS.— (1) IN GENERAL.—The Secretary of Energy ‘‘(3) OTHER TERMS.—The terms ‘auto- the credit allowable under subsection (a) for mobile’, ‘average fuel economy standard’, a taxable year exceeds the limitation under shall issue regulations for Federal fleets sub- ‘fuel economy’, and ‘model year’ have the subsection (f) for such taxable year, such ex- ject to the Energy Policy Act of 1992 (42 meanings given to such terms under section cess (to the extent of the credit allowable U.S.C. 13201 et seq.) requiring that not later 32901 of title 49, United States Code. with respect to property subject to the al- than fiscal year 2016 each Federal agency achieve at least a 30 percent reduction in pe- ‘‘(d) ELIGIBLE TAXPAYER.—The term ‘eligi- lowance for depreciation) shall be allowed as ble taxpayer’ means, with respect to any tax- a credit carryback and carryforward under troleum consumption, as calculated from the able year, a taxpayer who owns a fleet of 100 rules similar to the rules of section 39. baseline established by the Secretary for fis- or more vehicles which are used in the trade ‘‘(j) SPECIAL RULES.—For purposes of this cal year 1999. section, rules similar to the rules of para- (2) REQUIREMENT.—Not later than fiscal or business of the taxpayer on the first day graphs (4) and (5) of section 179A(e) and para- year 2016, of the Federal vehicles required to of such taxable year. ‘‘(e) TERMINATION.—This section shall not graphs (1) and (2) of section 41(f) shall apply. be alternative fueled vehicles under title V ‘‘(k) ELECTION NOT TO TAKE CREDIT.—No of the Energy Policy Act of 1992 (42 U.S.C. apply to any vehicle placed in service after credit shall be allowed under subsection (a) 13251 et seq.), at least 30 percent shall be hy- December 31, 2010.’’. for any property if the taxpayer elects not to brid motor vehicles (including plug-in hybrid (b) CREDIT TREATED AS PART OF INVEST- have this section apply to such property. motor vehicles) or new advanced lean burn MENT CREDIT.—Section 46 of the Internal ‘‘(l) REGULATIONS.—The Secretary shall technology motor vehicles (as defined in sec- Revenue Code of 1986 is amended by striking prescribe such regulations as necessary to tion 30B(c)(3) of the Internal Revenue Code of ‘‘and’’ at the end of paragraph (3), by strik- carry out the provisions of this section. 1986). ing the period at the end of paragraph (4) and inserting ‘‘, and’’, and by adding at the end ‘‘(m) TERMINATION.—This section shall not (b) INCLUSION OF ELECTRIC DRIVE IN ENERGY the following new paragraph: apply to any qualified investment after De- POLICY ACT OF 1992.—Section 508(a) of the cember 31, 2015.’’. Energy Policy Act of 1992 (42 U.S.C. 13258(a)) ‘‘(5) the fuel-efficient fleet credit.’’. ONFORMING AMENDMENTS.— (b) CONFORMING AMENDMENTS.— is amended— (c) C (1) Section 49(a)(1)(C) of the Internal Rev- (1) Section 1016(a) of the Internal Revenue (1) by inserting ‘‘(1)’’ before ‘‘The Sec- enue Code of 1986 is amended by striking Code of 1986 is amended by striking ‘‘and’’ at retary’’; and ‘‘and’’ at the end of clause (iii), by striking the end of paragraph (35), by striking the pe- (2) by adding at the end the following: riod at the end of paragraph (36) and insert- ‘‘(2) Not later than January 31, 2007, the the period at the end of clause (iv) and in- ing ‘‘, and’’, and by adding at the end the fol- Secretary shall— serting ‘‘, and’’, and by adding at the end the lowing new paragraph: ‘‘(A) allocate credit in an amount to be de- following new clause: ‘‘(37) to the extent provided in section termined by the Secretary for— ‘‘(v) the basis of any qualified fuel-efficient 30D(g).’’. ‘‘(i) acquisition of— vehicle which is taken into account under (2) Section 6501(m) of such Code is amended ‘‘(I) a light-duty hybrid electric vehicle; section 48C.’’. by inserting ‘‘30D(k),’’ after ‘‘30C(e)(5),’’. ‘‘(II) a plug-in hybrid electric vehicle; (2) The table of sections for subpart E of (3) The table of sections for subpart B of ‘‘(III) a fuel cell electric vehicle; part IV of subchapter A of chapter 1 of such part IV of subchapter A of chapter 1 of such ‘‘(IV) a medium- or heavy-duty hybrid Code is amended by inserting after the item Code is amended by inserting after the item electric vehicle; relating to section 48 the following new item: relating to section 30C the following new ‘‘(V) a neighborhood electric vehicle; or ‘‘Sec. 48C. Fuel-efficient fleet credit.’’. item: ‘‘(VI) a medium- or heavy-duty dedicated (d) EFFECTIVE DATE.—The amendments ‘‘Sec. 30D. Advanced technology motor vehi- vehicle; and made by this section shall apply to periods cles manufacturing credit.’’. ‘‘(ii) investment in qualified alternative after December 31, 2005, in taxable years end- (c) EFFECTIVE DATE.—The amendments fuel infrastructure or nonroad equipment, as ing after such date, under rules similar to made by this section shall apply to amounts determined by the Secretary; and the rules of section 48(m) of the Internal

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.074 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8299

Revenue Code of 1986 (as in effect on the day (3) INFLATION ADJUSTMENT.—Section (B) an alternative fueled automobile (as before the date of the enactment of the Rev- 280F(d)(7) of such Code (relating to auto- defined in section 32901(a) of title 49, United enue Reconciliation Act of 1990). mobile price inflation adjustment) is amend- States Code); SEC. l31. REDUCING INCENTIVES TO GUZZLE ed— (C) a flexible fuel motor vehicle; GAS. (A) by striking ‘‘after 1988’’ in subpara- (D) a new qualified fuel cell motor vehicle (a) INCLUSION OF HEAVY VEHICLES IN LIMI- graph (A) and inserting ‘‘after 2006’’, and (as defined in section 30B(b)(3) of the Inter- TATION ON DEPRECIATION OF CERTAIN LUXURY (B) by striking subparagraph (B) and in- nal Revenue Code of 1986); AUTOMOBILES.— serting the following new subparagraph: (E) a hybrid motor vehicle; (1) IN GENERAL.—Section 280F(d)(5)(A) of ‘‘(B) AUTOMOBILE PRICE INFLATION ADJUST- (F) a plug-in hybrid motor vehicle; and the Internal Revenue Code of 1986 (defining MENT.—For purposes of this paragraph— (G) any other appropriate motor vehicle passenger automobile) is amended— ‘‘(i) IN GENERAL.—The automobile price in- that uses substantially new technology and (A) by striking clause (ii) and inserting the flation adjustment for any calendar year is achieve at least 175 percent of the model following new clause: the percentage (if any) by which— year 2002 city fuel economy, as determined ‘‘(ii)(I) which is rated at 6,000 pounds un- ‘‘(I) the average wage index for the pre- by the Secretary of Transportation, by regu- loaded gross vehicle weight or less, or ceding calendar year, exceeds lation. ‘‘(II) which is rated at more than 6,000 ‘‘(II) the average wage index for 2005. (b) REQUIREMENTS.— pounds but not more than 14,000 pounds gross ‘‘(ii) AVERAGE WAGE INDEX.—The term ‘av- (1) MODEL YEAR 2012.—Not less than 10 per- vehicle weight.’’, erage wage index’ means the average wage cent of light-duty motor vehicles manufac- (B) by striking ‘‘clause (ii)’’ in the second index published by the Social Security Ad- tured for model year 2012 and sold in the sentence and inserting ‘‘clause (ii)(I)’’. ministration.’’. United States shall be qualified motor vehi- (2) EXCEPTION FOR VEHICLES USED IN FARM- (4) EFFECTIVE DATE.—The amendments cles. ING BUSINESS.—Section 280F(d)(5)(B) of such made by this subsection shall apply to prop- (2) MODEL YEAR 2013.—Not less than 20 per- Code (relating to exception for certain vehi- erty placed in service after the date of the cent of light-duty motor vehicles manufac- cles) is amended by striking ‘‘and’’ at the enactment of this Act. tured for model year 2013 and sold in the end of clause (ii), by redesignating clause (c) EXPENSING LIMITATION FOR FARM VEHI- United States shall be qualified motor vehi- (iii) as clause (iv), and by inserting after CLES.— cles. clause (ii) the following new clause: (1) IN GENERAL.—Paragraph (6) of section (3) MODEL YEAR 2014.—Not less than 30 per- ‘‘(iii) any vehicle used in a farming busi- 179(b) of the Internal Revenue Code of 1986 cent of light-duty motor vehicles manufac- ness (as defined in section 263A(e)(4), and’’. (relating to limitations) is amended to read tured for model year 2014 and sold in the (3) EFFECTIVE DATE.—The amendments as follows: United States shall be qualified motor vehi- made by this subsection shall apply to prop- ‘‘(6) LIMITATION ON COST TAKEN INTO AC- cles. erty placed in service after the date of the COUNT FOR FARM VEHICLES.—The cost of any (4) MODEL YEAR 2015.—Not less than 40 per- enactment of this Act. cent of light-duty motor vehicles manufac- (b) UPDATED DEPRECIATION DEDUCTION LIM- vehicle described in section 280F(d)(5)(B)(iii) tured for model year 2015 shall be qualified ITS.— for any taxable year which may be taken motor vehicles. (1) IN GENERAL.—Subparagraph (A) of sec- into account under this section shall not ex- tion 280F(a)(1) of the Internal Revenue Code ceed $30,000.’’. (5) MODEL YEAR 2016.—Not less than 50 per- of 1986 (relating to limitation on amount of (2) EFFECTIVE DATE.—The amendment cent of light-duty motor vehicles manufac- depreciation for luxury automobiles) is made by this subsection shall apply to prop- tured for model year 2016 shall be qualified amended to read as follows: erty placed in service after the date of the motor vehicles. ‘‘(I) LIMITATION.—The amount of the depre- enactment of this Act. (6) MODEL YEARS 2017 AND THEREAFTER.—Not ciation deduction for any taxable year shall SEC. l32. INCREASING THE EFFICIENCY OF less than 50 percent of light-duty motor vehi- not exceed for any passenger automobile— MOTOR VEHICLES. cles manufactured for model year 2017 and ‘‘(i) for the 1st taxable year in the recovery (a) DEFINITIONS.—In this section: each model year thereafter and sold in the period— (1) ALTERNATIVE FUEL.—The term ‘‘alter- United States shall be qualified motor vehi- ‘‘(I) described in subsection (d)(5)(A)(ii)(I), native fuel’’ has the meaning given the term cles, of which not less than 10 percent shall $4,000, in section 32901(a) of title 49, United States be— ‘‘(II) described in the second sentence of Code. (A) hybrid motor vehicles; subsection (d)(5)(A), $5,000, and (2) E85.—The term ‘‘E85’’ means a fuel (B) plug-in hybrid motor vehicles; ‘‘(III) described in subsection blend containing 85 percent ethanol and 15 (C) new advanced lean burn technology (d)(5)(A)(ii)(II), $6,000, percent gasoline or diesel by volume. motor vehicles (as defined in section ‘‘(ii) for the 2nd taxable year in the recov- (3) FLEXIBLE FUEL MOTOR VEHICLE.—The 30B(c)(3) of the Internal Revenue Code of ery period— term ‘‘flexible fuel motor vehicle’’ means a 1986); ‘‘(I) described in subsection (d)(5)(A)(ii)(I), light duty motor vehicle warrantied by the (D) new qualified fuel cell motor vehicles $6,400, manufacturer of the vehicle to operate on (as defined in section 30B(b)(3) of the Inter- ‘‘(II) described in the second sentence of any combination of gasoline, E85, and M85. nal Revenue Code of 1986); or subsection (d)(5)(A), $8,000, and (4) HYBRID MOTOR VEHICLE.—The term ‘‘hy- (E) any other appropriate motor vehicle ‘‘(III) described in subsection brid motor vehicle’’ means a new qualified that uses substantially new technology and (d)(5)(A)(ii)(II), $9,600, hybrid motor vehicle (as defined in section achieve at least 175 percent of the model ‘‘(iii) for the 3rd taxable year in the recov- 30B(d)(3) of the Internal Revenue Code of year 2002 city fuel economy, as determined ery period— 1986) that achieves at least 125 percent of the by the Secretary of Transportation, by regu- ‘‘(I) described in subsection (d)(5)(A)(ii)(I), model year 2002 city fuel economy. lation. $3,850, (5) LIGHT-DUTY MOTOR VEHICLE.—The term (c) RULEMAKING.—Not later than 1 year ‘‘(II) described in the second sentence of ‘‘light-duty motor vehicle’’ means, as de- after the date of enactment of this Act, the subsection (d)(5)(A), $4,800, and fined in regulations promulgated by the Ad- Secretary of Transportation shall promul- ‘‘(III) described in subsection ministrator of the Environmental Protection gate regulations to carry out this section. (d)(5)(A)(ii)(II), $5,775, and Agency in effect on the date of enactment of Subtitle C—Fuel Choices for the 21st Century ‘‘(iv) for each succeeding taxable year in this Act— SEC. l41. INCREASE IN ALTERNATIVE FUEL VE- the recovery period— (A) a light-duty truck; or HICLE REFUELING PROPERTY CRED- ‘‘(I) described in subsection (d)(5)(A)(ii)(I), (B) a light-duty vehicle. IT. $2,325, (6) M85.—The term ‘‘M85’’ means a fuel (a) IN GENERAL.—Subsection (a) of section ‘‘(II) described in the second sentence of blend containing 85 percent methanol and 15 30C of the Internal Revenue Code of 1986 is subsection (d)(5)(A), $2,900, and percent gasoline or diesel by volume. amended by striking ‘‘30 percent’’ and insert- ‘‘(III) described in subsection (7) PLUG-IN HYBRID MOTOR VEHICLE.—The ing ‘‘50 percent’’. (d)(5)(A)(ii)(II), $3,475.’’. term ‘‘plug-in hybrid electric vehicle’’ means (b) EFFECTIVE DATE.—The amendment (2) YEARS AFTER RECOVERY PERIOD.—Sec- a hybrid motor vehicle that— made by this section shall apply to property tion 280F(a)(1)(B)(ii) of such Code is amended (A) has an onboard, rechargeable storage placed in service after December 31, 2005, in to read as follows: device capable of propelling the vehicle sole- taxable years ending after such date. ‘‘(ii) LIMITATION.—The amount treated as ly by electricity for at least 10 miles; and SEC. l42. USE OF CAFE´ PENALTIES TO BUILD AL- an expense under clause (i) for any taxable (B) achieves at least 125 percent of the TERNATIVE FUELING INFRASTRUC- year shall not exceed for any passenger auto- model year 2002 city fuel economy. TURE. mobile— (8) QUALIFIED MOTOR VEHICLE.—The term Section 32912 of title 49, United States ‘‘(I) described in subsection (d)(5)(A)(ii)(I), ‘‘qualified motor vehicle’’ means— Code, is amended by adding at the end the $2,325, (A) a new advanced lean burn technology following ‘‘(II) described in the second sentence of motor vehicle (as defined in section 30B(c)(3) ‘‘(e) ALTERNATIVE FUELING INFRASTRUC- subsection (d)(5)(A), $2,900, and of the Internal Revenue Code of 1986) that TURE TRUST FUND.—(1) There is established ‘‘(III) described in subsection achieves at least 125 percent of the model in the Treasury of the United States a trust (d)(5)(A)(ii)(II), $3,475.’’. year 2002 city fuel economy; fund, to be known as the Alternative Fueling

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.074 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8300 CONGRESSIONAL RECORD — SENATE July 26, 2006 Infrastructure Trust Fund, consisting of SEC. l43. MINIMUM QUANTITY OF RENEWABLE gram to assist farmer-owned ethanol pro- such amounts as are deposited into the Trust FUEL DERIVED FROM CELLULOSIC ducers (including cooperatives and limited Fund under paragraph (2) and any interest BIOMASS. liability corporations) to develop and build earned on investment of amounts in the Section 211(o)(2)(B) of the Clean Air Act (42 infrastructure, including pump stations, for Trust Fund. U.S.C. 7545(o)(2)(B)) is amended by striking the retail delivery to consumers of any fuel ‘‘(2) The Secretary of Transportation shall clause (iii) and inserting the following: that contains not less than 85 percent eth- remit 90 percent of the amount collected in ‘‘(iii) MINIMUM QUANTITY DERIVED FROM anol, by volume. civil penalties under this section to the CELLULOSIC BIOMASS.— ‘‘(b) TERMS.— Trust Fund. ‘‘(I) IN GENERAL.—The applicable volume ‘‘(1) INTEREST RATE.—A low-interest loan ‘‘(3)(A) The Secretary of Energy shall obli- referred to in clause (ii) shall contain a min- under this section shall be fixed at not more gate such sums as are available in the Trust imum of— than 5 percent for each year. Fund to establish a grant program to in- ‘‘(aa) for each of calendar years 2010 ‘‘(2) AMORTIZATION.—The repayment of a crease the number of locations at which con- through 2012, 75,000,000 gallons that are de- loan under this section shall be amortized sumers may purchase alternative fuels. rived from cellulosic biomass; and over the expected life of the infrastructure ‘‘(B)(i) The Secretary of Energy may award ‘‘(bb) for calendar year 2013 and each cal- project that is being financed with the pro- grants under this paragraph, in an amount endar year thereafter, 250,000,000 gallons that ceeds of the loan. equal to not more than $150,000 per fueling are derived from cellulosic biomass. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— station, to— ‘‘(II) RATIO.—For calendar year 2010 and There are authorized to be appropriated such ‘‘(I) individual fueling stations; and each calendar year thereafter, the 2.5-to-1 sums as are necessary to carry out this sec- ‘‘(II) corporations (including nonprofit cor- ratio referred to in paragraph (4) shall not tion.’’. porations) with demonstrated experience in apply.’’. (c) REGULATIONS.—As soon as practicable the administration of grant funding for the after the date of enactment of this Act, the SEC. l44. MINIMUM QUANTITY OF RENEWABLE purpose of alternative fueling infrastructure. FUEL DERIVED FROM SUGAR. Secretary of Agriculture shall promulgate ‘‘(ii) In awarding grants under this para- (a) IN GENERAL.—Section 211(o)(2)(B) of the such regulations as are necessary to carry graph, the Secretary shall consider the num- Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is out the amendments made by this section. ber of vehicles in service capable of using a amended by adding at the end the following: SEC. l48. TRANSIT-ORIENTED DEVELOPMENT specific type of alternative fuel. CORRIDORS. ‘‘(v) MINIMUM QUANTITY DERIVED FROM ‘‘(iii) Grant recipients shall provide a non- (a) DEFINITIONS.—In this section: SUGAR.—For calendar year 2008 and each cal- Federal match of not less than $1 for every $3 (1) TRANSIT-ORIENTED DEVELOPMENT COR- endar year thereafter, the applicable volume of grant funds received under this paragraph. RIDOR.—The term ‘‘Transit-Oriented Devel- referred to in clause (ii) shall contain a min- ‘‘(iv) Each grant recipient shall select the opment Corridor’’ or ‘‘TODC’’ means a geo- imum of 100,000,000 gallons that are derived locations for each alternative fuel station to graphic area designated by the Secretary from domestically-grown sugarcane, sugar be constructed with grant funds received under subsection (b). beets, or sugar components.’’. under this paragraph on a formal, open, and (2) OTHER TERMS.—The terms ‘‘fixed guide (b) APPLICABLE VOLUME.—Section competitive basis. way’’, ‘‘local governmental authority’’, 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. ‘‘(C) Grant funds received under this para- ‘‘mass transportation’’, ‘‘Secretary’’, 7545(o)(2)(B)(i)) is amended— graph may be used to— ‘‘State’’, and ‘‘urbanized area’’ have the (1) in the item relating to calendar year ‘‘(i) construct new facilities to dispense al- meanings given the terms in section 5302 of 2008, by striking ‘‘5.4’’ and inserting ‘‘5.5’’; ternative fuels; title 49, United States Code. (2) in the item relating to calendar year ‘‘(ii) purchase equipment to upgrade, ex- (b) TRANSIT-ORIENTED DEVELOPMENT COR- pand, or otherwise improve existing alter- 2009, by striking ‘‘6.1’’ and inserting ‘‘6.2’’; RIDORS.— native fuel facilities; or (3) in the item relating to calendar year (1) IN GENERAL.—The Secretary shall de- ‘‘(iii) purchase equipment or pay for spe- 2010, by striking ‘‘6.8’’ and inserting ‘‘6.9’’; velop and carry out a program to designate cific turnkey fueling services by alternative (4) in the item relating to calendar year geographic areas in urbanized areas as Tran- fuel providers. 2011, by striking ‘‘7.4’’ and inserting ‘‘7.5’’; sit-Oriented Development Corridors. ‘‘(D) Facilities constructed or upgraded and (2) CRITERIA.—An area designated as a with grant funds under this paragraph (5) in the item relating to calendar year TODC under paragraph (1) shall include shall— 2012, by striking ‘‘7.5’’ and inserting ‘‘7.6’’. rights-of-way for fixed guide way mass trans- ‘‘(i) provide alternative fuel available to SEC. l45. BIOENERGY RESEARCH AND DEVELOP- portation facilities (including commercial the public for a period not less than 4 years; MENT. development of facilities that have a phys- ‘‘(ii) establish a marketing plan to advance Section 931(c) of the Energy Policy Act of ical and functional connection with each fa- the sale and use of alternative fuels; 2005 (42 U.S.C. 16231(c)) is amended— cility). ‘‘(iii) prominently display the price of al- (1) in paragraph (1), by striking (3) NUMBER OF TODCS.—In consultation ternative fuel on the marquee and in the sta- ‘‘$213,000,000’’ and inserting ‘‘$326,000,000’’; with State transportation departments and tion; (2) in paragraph (2), by striking metropolitan planning organizations, the ‘‘(iv) provide point of sale materials on al- ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; Secretary shall designate— ternative fuel; and (A) not fewer than 10 TODCs by December ‘‘(v) clearly label the dispenser with con- (3) in paragraph (3), by striking 31, 2015; and sistent materials; ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. (B) not fewer than 20 TODCs by December ‘‘(vi) price the alternative fuel at the same SEC. l46. PRODUCTION INCENTIVES FOR CEL- 31, 2025. margin that is received for unleaded gaso- LULOSIC BIOFUELS. (4) TRANSIT GRANTS.— line; and Section 942(f) of the Energy Policy Act of (A) IN GENERAL.—The Secretary make ‘‘(vii) support and use all available tax in- 2005 (42 U.S.C. 16251(f)) is amended by strik- grants to eligible states and local govern- centives to reduce the cost of the alternative ing ‘‘$250,000,000’’ and inserting ‘‘$200,000,000 mental authorities to pay the Federal share fuel to the lowest possible retail price. for each of fiscal years 2007 through 2011’’. of the cost of designating geographic areas in ‘‘(E) Not later than the date on which each SEC. l47. LOW-INTEREST LOAN AND GRANT PRO- urbanized areas as TODCs. alternative fuel station begins to offer alter- GRAM FOR RETAIL DELIVERY OF E– (B) APPLICATION.—Each eligible State or native fuel to the public, the grant recipient 85 FUEL. local governmental authority that desires to that used grant funds to construct such sta- (a) PURPOSES OF LOANS.—Section 312(a) of receive a grant under this paragraph shall tion shall notify the Secretary of Energy of the Consolidated Farm and Rural Develop- submit an application to the Secretary, at such opening. The Secretary of Energy shall ment Act (7 U.S.C. 1942(a)) is amended— such time, in such manner, and accompanied add each new alternative fuel station to the (1) in paragraph (9)(B)(ii), by striking ‘‘or’’ by such additional information as the Sec- alternative fuel station locator on its at the end; retary may reasonably require. Website when it receives notification under (2) in paragraph (10), by striking the period (C) LABOR STANDARDS.—Subchapter IV of this subparagraph. at the end and inserting ‘‘; or’’; and chapter 31 of title 40, United States Code ‘‘(F) Not later than 6 months after the re- (3) by adding at the end the following: shall apply to projects that receive funding ceipt of a grant award under this paragraph, ‘‘(11) building infrastructure, including under this section. and every 6 months thereafter, each grant pump stations, for the retail delivery to con- (D) FEDERAL SHARE.—The Federal share of recipient shall submit a report to the Sec- sumers of any fuel that contains not less the cost of a project under this subsection retary of Energy that describes— than 85 percent ethanol, by volume.’’. shall be 50 percent. ‘‘(i) the status of each alternative fuel sta- (b) PROGRAM.—Subtitle B of the Consoli- (c) TODC RESEARCH AND DEVELOPMENT.— tion constructed with grant funds received dated Farm and Rural Development Act (7 To support effective deployment of grants under this paragraph; U.S.C. 1941 et seq.) is amended by adding at and incentives under this section, the Sec- ‘‘(ii) the amount of alternative fuel dis- the end the following: retary shall establish a TODC research and pensed at each station during the preceding ‘‘SEC. 320. LOW-INTEREST LOAN AND GRANT PRO- development program to conduct research on 6-month period; and GRAM FOR RETAIL DELIVERY OF E– the best practices and performance criteria ‘‘(iii) the average price per gallon of the al- 85 FUEL. for TODCs. ternative fuel sold at each station during the ‘‘(a) IN GENERAL.—The Secretary shall es- (d) AUTHORIZATION OF APPROPRIATIONS.— preceding 6-month period.’’. tablish a low-interest loan and grant pro- There is authorized to be appropriated to

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.074 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8301 carry out this section $50,000,000 for each of SA 4707. BAYH (for himself, Mr. (1) be designed to achieve at least the oil fiscal years 2007 through 2012. BROWNBACK, Mr. LIEBERMAN, Mr. COLE- savings resulting from the regulation under Subtitle D—Nationwide Energy Security MAN, Mr. SALAZAR, Mr. LUGAR, Mr. the action plan published under section l01; and Media Campaign OBAMA, Mr. CHAFEE, Mr. AKAKA, Mrs. (2) be accompanied by an analysis by the SEC. l51. NATIONWIDE MEDIA CAMPAIGN TO DE- CLINTON, Mr. DODD, Mr. KOHL, Ms. applicable agency describing the manner in CREASE OIL CONSUMPTION. CANTWELL, Mr. KERRY, MR. GRAHAM, which the regulation will promote the (a) IN GENERAL.—The Secretary of Energy, Mr. MENENDEZ, Ms. COLLINS, and Mr. achievement of the oil savings from the acting through the Assistant Secretary for BINGAMAN) submitted an amendment baseline determined under section l05. Energy Efficiency and Renewable Energy intended to be proposed by him to the SEC. l03. INITIAL EVALUATION. (referred to in this section as the ‘‘Sec- bill S. 3711, to enhance the energy inde- retary’’), shall develop and conduct a na- (a) IN GENERAL.—Not later than 2 years pendence and security of the United after the date of enactment of this Act, the tional media campaign for the purpose of de- States by providing for exploration, de- creasing oil consumption in the United Director shall publish in the Federal Reg- States over the next decade. velopment, and production activities ister a Federal Government-wide analysis of (b) CONTRACT WITH ENTITY.—The Secretary for mineral resources in the Gulf of the oil savings achieved from the baseline es- shall carry out subsection (a) directly or Mexico, and for other purposes; which tablished under section l05. through— was ordered to lie on the table; as fol- (b) INADEQUATE OIL SAVINGS.—If the oil (1) competitively bid contracts with 1 or lows: savings are less than the targets established more nationally recognized media firms for At the appropriate place, insert the fol- under section l01, simultaneously with the the development and distribution of monthly lowing: analysis required under subsection (a)— (1) the Director shall publish a revised ac- television, radio, and newspaper public serv- ll TITLE —VEHICLE AND FUEL CHOICES tion plan that is adequate to achieve the tar- ice announcements; or FOR AMERICAN SECURITY (2) collective agreements with 1 or more gets; and Subtitle A—Oil Savings Plan and nationally recognized institutes, businesses, (2) the Secretary of Energy, the Secretary Requirements or nonprofit organizations for the funding, of Transportation, and the Administrator development, and distribution of monthly SEC. l01. OIL SAVINGS TARGET AND ACTION shall propose new or revised regulations television, radio, and newspaper public serv- PLAN. under subsections (a), (b), and (c), respec- Not later than 270 days after the date of ice announcements. tively, of section l02. enactment of this Act, the Director of the (c) USE OF FUNDS.— (c) FINAL REGULATIONS.—Not later than 180 Office of Management and Budget (referred (1) IN GENERAL.—Amounts made available days after the date on which regulations are to in this subtitle as the ‘‘Director’’) shall to carry out this section shall be used for the proposed under subsection (b)(2), the Sec- publish in the Federal Register an action following: retary of Energy, the Secretary of Transpor- plan consisting of— (A) ADVERTISING COSTS.— tation, and the Administrator shall promul- (1) a list of requirements proposed or to be (i) The purchase of media time and space. gate final versions of those regulations. proposed pursuant to section l02 that are (ii) Creative and talent costs. authorized to be issued under law in effect on SEC. l04. REVIEW AND UPDATE OF ACTION (iii) Testing and evaluation of advertising. the date of enactment of this Act, and this PLAN. (iv) Evaluation of the effectiveness of the Act, that will be sufficient, when taken to- (a) REVIEW.—Not later than January 1, media campaign. gether, to save from the baseline determined 2011, and every 3 years thereafter, the Direc- (v) The negotiated fees for the winning bid- under section l05— tor shall submit to Congress, and publish, a der on requests from proposals issued either (A) 2,500,000 barrels of oil per day on aver- report that— by the Secretary for purposes otherwise au- age during calendar year 2016; (1) evaluates the progress achieved in im- thorized in this section. (B) 7,000,000 barrels of oil per day on aver- plementing the oil savings targets estab- (vi) Entertainment industry outreach, age during calendar year 2026; and lished under section l01; interactive outreach, media projects and ac- (C) 10,000,000 barrels per day on average (2) analyzes the expected oil savings under tivities, public information, news media out- during calendar year 2031; and the standards and requirements established reach, and corporate sponsorship and partici- (2) a Federal Government-wide analysis under this Act and the amendments made by pation. of— this Act; and (B) ADMINISTRATIVE COSTS.—Operational (A) the expected oil savings from the base- (3)(A) analyzes the potential to achieve oil and management expenses. line to be accomplished by each requirement; savings that are in addition to the savings (2) LIMITATIONS.—In carrying out this sec- and required by section l01; and tion, the Secretary shall allocate not less (B) whether all such requirements, taken (B) if the President determines that it is in than 85 percent of funds made available together, will achieve the oil savings speci- the national interest, establishes a higher oil under subsection (e) for each fiscal year for fied in this section. savings target for calendar year 2017 or any the advertising functions specified under SEC. l02. STANDARDS AND REQUIREMENTS. subsequent calendar year. paragraph (1)(A). (a) IN GENERAL.—On or before the date of (b) INADEQUATE OIL SAVINGS.—If the oil (d) REPORTS.—The Secretary shall annu- publication of the action plan under section savings are less than the targets established ally submit to Congress a report that de- l01, the Secretary of Energy, the Secretary under section l01, simultaneously with the scribes— of Transportation, the Secretary of Defense, report required under subsection (a)— (1) the strategy of the national media cam- the Secretary of Agriculture, the Adminis- (1) the Director shall publish a revised ac- paign and whether specific objectives of the trator of the Environmental Protection tion plan that is adequate to achieve the tar- campaign were accomplished, including— Agency, and the head of any other agency gets; and (A) determinations concerning the rate of the President determines appropriate shall (2) the Secretary of Energy, the Secretary change of oil consumption, in both absolute each propose, or issue a notice of intent to of Transportation, and the Administrator and per capita terms; and propose, regulations establishing each stand- shall propose new or revised regulations (B) an evaluation that enables consider- ard or other requirement listed in the action under subsections (a), (b), and (c), respec- ation whether the media campaign contrib- plan that is under the jurisdiction of the re- tively, of section l02. uted to reduction of oil consumption; spective agency using authorities described (2) steps taken to ensure that the national (c) FINAL REGULATIONS.—Not later than 180 in subsection (b). days after the date on which regulations are media campaign operates in an effective and (b) AUTHORITIES.—The head of each agency efficient manner consistent with the overall proposed under subsection (b)(2), the Sec- described in subsection (a) shall use to carry retary of Energy, the Secretary of Transpor- strategy and focus of the campaign; out this section— (3) plans to purchase advertising time and tation, and the Administrator shall promul- (1) any authority in existence on the date gate final versions of those regulations. space; of enactment of this Act (including regula- (4) policies and practices implemented to tions); and SEC. l05. BASELINE AND ANALYSIS REQUIRE- ensure that Federal funds are used respon- (2) any new authority provided under this MENTS. sibly to purchase advertising time and space Act (including an amendment made by this In performing the analyses and promul- and eliminate the potential for waste, fraud, Act). gating proposed or final regulations to estab- and abuse; and (c) FINAL REGULATIONS.—Not later than 18 lish standards and other requirements nec- (5) all contracts or cooperative agreements months after the date of enactment of this essary to achieve the oil savings required by entered into with a corporation, partnership, Act, the head of each agency described in this subtitle, the Secretary of Energy, the or individual working on behalf of the na- subsection (a) shall promulgate final Secretary of Transportation, the Secretary tional media campaign. versions of the regulations required under of Defense, the Secretary of Agriculture, the (e) AUTHORIZATION OF APPROPRIATIONS.— this section. Administrator of the Environmental Protec- There is authorized to be appropriated to (d) AGENCY ANALYSES.—Each proposed and tion Agency, and the head of any other agen- carry out this section $5,000,000 for each of final regulation promulgated under this sec- cy the President determines to be appro- fiscal years 2006 through 2010. tion shall— priate shall—

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.074 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8302 CONGRESSIONAL RECORD — SENATE July 26, 2006 (1) determine oil savings as the projected ‘‘(E) do not adversely affect efforts to man- ‘‘CHAPTER 330—HEAVY DUTY VEHICLE reduction in oil consumption from the base- age scrap tires. FUEL ECONOMY STANDARDS line established by the reference case con- ‘‘(5) APPLICABILITY.—The policies, proce- ‘‘CHAPTER 330—HEAVY DUTY VEHICLE FUEL tained in the report of the Energy Informa- dures, and standards developed under para- ECONOMY STANDARDS tion Administration entitled ‘‘Annual En- graph (3) shall apply to all tire types and ‘‘Sec. ergy Outlook 2005’’; models regulated under the uniform tire ‘‘33001. Purpose and policy. (2) determine the oil savings projections quality grading standards in section 575.104 ‘‘33002. Definition. required on an annual basis for each of cal- of title 49, Code of Federal Regulations (or a ‘‘33003. Testing and assessment. endar years 2009 through 2026; and successor regulation). ‘‘33004. Standards. (3) account for any overlap among the ‘‘(6) REVIEW.— ‘‘33005. Authorization of appropriations. standards and other requirements to ensure ‘‘(A) IN GENERAL.—Not less than once every that the projected oil savings from all the 3 years, the Secretary shall— ‘‘§ 33001. Purpose and policy promulgated standards and requirements, ‘‘(i) review the minimum fuel economy ‘‘The purpose of this chapter is to reduce taken together, are as accurate as prac- standards in effect for tires under this sub- petroleum consumption by heavy duty motor ticable. section; and vehicles. Subtitle B—Fuel Efficient Vehicles for the ‘‘(ii) subject to subparagraph (B), revise ‘‘§ 33002. Definition 21st Century the standards as necessary to ensure compli- ‘‘In this chapter, the term ‘heavy duty SEC. l21. TIRE EFFICIENCY PROGRAM. ance with standards described in paragraph motor vehicle’— (a) STANDARDS FOR TIRES MANUFACTURED (4). ‘‘(1) means a vehicle having a gross vehicle FOR INTERSTATE COMMERCE.—Section 30123 of ‘‘(B) LIMITATION.—The Secretary may not weight rating of at least 10,000 pounds that is title 49, United States Code, is amended— reduce the average fuel economy standards driven or drawn by mechanical power and (1) in subsection (b)— applicable to replacement tires. manufactured primarily for use on public (A) in the first sentence, by striking ‘‘The ‘‘(7) NO PREEMPTION OF STATE LAW.—Noth- streets, roads, and highways; and Secretary’’ and inserting the following: ing in this section shall be construed to pre- ‘‘(2) does not include a vehicle operated ‘‘(1) UNIFORM QUALITY GRADING SYSTEM.— empt any provision of State law relating to only on a rail line. higher fuel economy standards applicable to ‘‘(A) IN GENERAL.—The Secretary’’; ‘‘§ 33003. Testing and assessment (B) in the second sentence, by striking replacement tires designed for use on pas- ‘‘(a) GENERAL REQUIREMENTS.—The Admin- ‘‘The Secretary’’ and inserting the following: senger cars and light trucks. istrator of the Environmental Protection ‘‘(2) NOMENCLATURE AND MARKETING PRAC- ‘‘(8) EXCEPTIONS.—Nothing in this section Agency (referred to in this section as the TICES.—The Secretary’’; shall apply to— ‘Administrator’) shall develop and coordi- (C) in the third sentence, by striking ‘‘A ‘‘(A) a tire or group of tires with the same nate a national testing and assessment pro- tire standard’’ and inserting the following: stock keeping unit, plant, and year, for gram to— ‘‘(3) EFFECT OF STANDARDS AND REGULA- which the volume of tires produced or im- ‘‘(1) determine the fuel economy of heavy TIONS.—A tire standard’’; and ported is less than 15,000 annually; duty vehicles; and (D) in paragraph (1), as designated by sub- ‘‘(B) a deep tread, winter-type snow tire, ‘‘(2) assess the fuel efficiency attainable paragraph (A), by adding at the end the fol- space-saver tire, or temporary use spare tire; through available technology. lowing: ‘‘(C) a tire with a normal rim diameter of ‘‘(b) TESTING.—The Administrator shall— ‘‘(B) INCLUSION.—The grading system es- 12 inches or less; ‘‘(1) design a National testing program to tablished pursuant to subparagraph (A) shall ‘‘(D) a motorcycle tire; or assess the fuel economy of heavy duty vehi- include standards for rating the fuel effi- ‘‘(E) a tire manufactured specifically for cles (based on the program for light duty ve- ciency of tires designed for use on passenger use in an off-road motorized recreational ve- hicles); and cars and light trucks.’’; and hicle.’’. ONFORMING AMENDMENT.—Section ‘‘(2) implement the program described in (2) by adding at the end the following: (b) C paragraph (1) not later than 18 months after ‘‘(d) NATIONAL TIRE EFFICIENCY PROGRAM.— 30103(b)(1) of title 49, United States Code, is amended by striking ‘‘When’’ and inserting the date of enactment of this chapter. ‘‘(1) DEFINITION.—In this subsection, the ‘‘(c) ASSESSMENT.—The Administrator term ‘fuel economy’, with respect to a tire, ‘‘Except as provided in section 30123(d), if’’. (c) TIME FOR IMPLEMENTATION.—Beginning shall consult with the Secretary of Transpor- means the extent to which the tire contrib- not later than March 31, 2008, the Secretary tation on the assessment of available tech- utes to the fuel economy of the motor vehi- of Transportation shall administer the na- nologies to enhance the fuel efficiency of cle on which the tire is mounted. tional tire fuel efficiency program estab- heavy duty vehicles to ensure that vehicle ‘‘(2) PROGRAM.—The Secretary shall de- lished under section 30123(d) of title 49, use and needs are considered appropriately velop and carry out a national tire fuel effi- United States Code, in accordance with the in the assessment. ciency program for tires designed for use on policies, procedures, and standards developed ‘‘(d) REPORTING.—The Administrator passenger cars and light trucks. under section 30123(d)(3) of such title. shall— ‘‘(3) REQUIREMENTS.—Not later than March (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) not later than 2 years after the date of 31, 2008, the Secretary shall issue regula- There are authorized to be appropriated, for enactment of this chapter, submit a report tions, which establish— each of fiscal years 2007 through 2011, such to Congress regarding the results of the as- ‘‘(A) policies and procedures for testing sums as may be necessary to carry out sec- sessment of available technologies to im- and labeling tires for fuel economy to enable tion 30123(d) of title 49, United States Code, prove the fuel efficiency of heavy duty vehi- tire buyers to make informed purchasing de- as added by subsection (a). cles. cisions about the fuel economy of tires; SEC. l22. REDUCTION OF SCHOOL BUS IDLING. ‘‘(2) submit a report to Congress, at least ‘‘(B) policies and procedures to promote (a) STATEMENT OF POLICY.—Congress en- biannually, that addresses the fuel economy the purchase of energy efficient replacement courages each local educational agency (as of heavy duty vehicles; and tires, including purchase incentives, website defined in section 9101(26) of the Elementary ‘‘§ 33004. Standards listings on the Internet, printed fuel econ- and Secondary Education Act of 1965 (20 omy guide booklets, and mandatory require- U.S.C. 7801(26))) that receives Federal funds ‘‘(a) GENERAL REQUIREMENTS.—Not later ments for tire retailers to provide tire buy- under the Elementary and Secondary Edu- than 18 months after completing the testing ers with fuel efficiency information on tires; cation Act of 1965 (20 U.S.C. 6301 et seq.) to and assessments under section 33003, the Sec- and develop a policy to reduce the incidence of retary of Transportation shall prescribe av- ‘‘(C) minimum fuel economy standards for school bus idling at schools while picking up erage heavy duty vehicle fuel economy tires. and unloading students. standards. Each standard shall be the max- ‘‘(4) MINIMUM FUEL ECONOMY STANDARDS.— (b) AUTHORIZATION OF APPROPRIATIONS.— imum feasible average fuel economy level In promulgating minimum fuel economy There are authorized to be appropriated to that the Secretary decides that manufactur- standards for tires, the Secretary shall de- the Administrator of the Environmental ers can achieve in that model year. The Sec- sign standards that— Protection Agency, working in coordination retary may prescribe separate standards for ‘‘(A) ensure, in conjunction with the re- with the Secretary of Education, $5,000,000 different classes of heavy duty motor vehi- quirements under paragraph (3)(B), that the for each of fiscal years 2007 through 2012 for cles. The standards for each model year shall average fuel economy of replacement tires is use in educating States and local education be completed not later than 18 months before not less than the average fuel economy of agencies about— the beginning of each model year. tires sold as original equipment; (1) benefits of reducing school bus idling; ‘‘(b) CONSIDERATIONS AND CONSULTATION.— ‘‘(B) secure the maximum technically fea- and In determining maximum feasible average sible and cost-effective fuel savings; (2) ways in which school bus idling may be fuel economy, the Secretary shall consider— ‘‘(C) do not adversely affect tire safety; reduced. ‘‘(1) relevant available heavy duty motor ‘‘(D) incorporate the results from— SEC. l23. FUEL EFFICIENCY FOR HEAVY DUTY vehicle fuel consumption information; ‘‘(i) laboratory testing; and TRUCKS. ‘‘(2) technological feasibility; ‘‘(ii) to the extent appropriate and avail- Part C of subtitle VI of title 49, United ‘‘(3) economic practicability; able, on-road fleet testing programs con- States Code, is amended by inserting after ‘‘(4) the desirability of reducing United ducted by manufacturers; and chapter 329 the following: States dependence on oil;

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.075 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8303 ‘‘(5) the effects of average fuel economy electric motor to replace an internal com- tion Agency, of procedures for testing and standards on vehicle safety; bustion engine for all or part of the work of certification of criteria pollutants, fuel econ- ‘‘(6) the effects of average fuel economy the equipment, including corded electric omy, and petroleum use for light-, med- standards on levels of employment and com- equipment linked to transportation or mo- ium-, and heavy-duty vehicle applications, petitiveness of the heavy truck manufac- bile sources of air pollution. including consideration of— turing industry ; and (3) ENGINE DOMINANT HYBRID ELECTRIC VEHI- (A) the vehicle and fuel as a system, not ‘‘(7) the extent to which the standard will CLE.—The term ‘‘engine dominant hybrid just an engine; and carry out the purpose described in section electric vehicle’’ means an on-road or (B) nightly off-board charging; and 33001. nonroad vehicle that— (9) advancement of battery and corded ‘‘(c) COOPERATION.—The Secretary may ad- (A) is propelled by an internal combustion electric transportation technologies in mo- vise, assist, and cooperate with departments, engine or heat engine using— bile source applications by— agencies, and instrumentalities of the United (i) any combustible fuel; (A) improvement in battery, drive train, States Government, States, and other public (ii) an on-board, rechargeable storage de- and control system technologies; and and private agencies in developing fuel econ- vice; and (B) working with industry and the Admin- omy standards for heavy duty motor vehi- (B) has no means of using an off-board istrator of the Environmental Protection cles. source of electricity. Agency to— ‘‘(d) 5-YEAR PLAN FOR TESTING STAND- (4) FUEL CELL VEHICLE.—The term ‘‘fuel (i) understand and inventory markets; and ARDS.—The Secretary shall establish, peri- cell vehicle’’ means an on-road or nonroad (ii) identify and implement methods of re- odically review, and continually update a 5- vehicle that uses a fuel cell (as defined in moving barriers for existing and emerging year plan for testing heavy duty motor vehi- section 3 of the Spark M. Matsunaga Hydro- applications. cle fuel economy standards prescribed under gen Research, Development, and Demonstra- (d) GOALS.—The goals of the electric drive this chapter. In developing and establishing tion Act of 1990). transportation technology program estab- testing priorities, the Secretary shall con- (5) NONROAD VEHICLE.—The term ‘‘nonroad lished under subsection (c) shall be to de- sider factors the Secretary considers appro- vehicle’’ has the meaning given the term in velop, in partnership with industry and insti- priate, consistent with the purpose described section 216 of the Clean Air Act (42 U.S.C. tutions of higher education, projects that in section 33001 and the Secretary’s other du- 7550). ties and powers under this chapter. focus on— (6) PLUG-IN HYBRID ELECTRIC VEHICLE.—The (1) innovative electric drive technology de- ‘‘§ 33005. Authorization of appropriations term ‘‘plug-in hybrid electric vehicle’’ means veloped in the United States; ‘‘There are authorized to be appropriated, an on-road or nonroad vehicle that is pro- for each of fiscal years 2007 through 2011, pelled by an internal combustion engine or (2) growth of employment in the United such sums as may be necessary to carry out heat engine using— States in electric drive design and manufac- this chapter.’’. (A) any combustible fuel; turing; (3) validation of the plug-in hybrid poten- SEC. l24. NEAR-TERM VEHICLE TECHNOLOGY (B) an on-board, rechargeable storage de- PROGRAM. vice; and tial through fleet demonstrations; and (a) PURPOSES.—The purposes of this section (C) a means of using an off-board source of (4) acceleration of fuel cell commercializa- are— electricity. tion through comprehensive development (1) to enable and promote, in partnership (7) PLUG-IN HYBRID FUEL CELL VEHICLE.— and commercialization of the electric drive with industry, comprehensive development, The term ‘‘plug-in hybrid fuel cell vehicle’’ technology systems that are the demonstration, and commercialization of a means a fuel cell vehicle with a battery pow- foundational technology of the fuel cell vehi- wide range of electric drive components, sys- ered by an off-board source of electricity. cle system. tems, and vehicles using diverse electric (c) PROGRAM.—The Secretary shall conduct (e) AUTHORIZATION OF APPROPRIATIONS.— drive transportation technologies; a program of research, development, dem- There is authorized to be appropriated to (2) to make critical public investments to onstration, and commercial application for carry out this section $300,000,000 for each of help private industry, institutions of higher electric drive transportation technology, in- fiscal years 2007 through 2012. education, National Laboratories, and re- cluding— SEC. l25. LIGHTWEIGHT MATERIALS RESEARCH search institutions to expand innovation, in- (1) high capacity, high efficiency batteries; AND DEVELOPMENT. dustrial growth, and jobs in the United (2) high efficiency on-board and off-board States; charging components; (a) IN GENERAL.—As soon as practicable (3) to expand the availability of the exist- (3) high power drive train systems for pas- after the date of enactment of this Act, the ing electric infrastructure for fueling light senger and commercial vehicles and for Secretary of Energy shall establish a re- duty transportation and other on-road and nonroad equipment; search and development program to deter- nonroad vehicles that are using petroleum (4) control system development and power mine ways in which— and are mobile sources of emissions— train development and integration for plug- (1) the weight of vehicles may be reduced (A) including the more than 3,000,000 re- in hybrid electric vehicles, plug-in hybrid to improve fuel efficiency without compro- ported units (such as electric forklifts, golf fuel cell vehicles, and engine dominant hy- mising passenger safety; and carts, and similar nonroad vehicles) in use brid electric vehicles, including— (2) the cost of lightweight materials (such on the date of enactment of this Act; and (A) development of efficient cooling sys- as steel alloys and carbon fibers) required for (B) with the goal of enhancing the energy tems; the construction of lighter-weight vehicles security of the United States, reduce depend- (B) analysis and development of control may be reduced. ence on imported oil, and reduce emissions systems that minimize the emissions profile (b) AUTHORIZATION OF APPROPRIATIONS.— through the expansion of grid supported mo- when clean diesel engines are part of a plug- There is authorized to be appropriated to bility; in hybrid drive system; and carry out this section $60,000,000 for each of (4) to accelerate the widespread commer- (C) development of different control sys- fiscal years 2007 through 2012. cialization of all types of electric drive vehi- tems that optimize for different goals, in- SEC. l26. HYBRID AND ADVANCED DIESEL VEHI- cle technology into all sizes and applications cluding— CLES. (i) battery life; of vehicles, including commercialization of (a) HYBRID VEHICLES.—The Energy Policy plug-in hybrid electric vehicles and plug-in (ii) reduction of petroleum consumption; Act of 2005 is amended by striking section 711 hybrid fuel cell vehicles; and and (42 U.S.C. 16061) and inserting the following: (5) to improve the energy efficiency of and (iii) green house gas reduction; reduce the petroleum use in transportation. (5) nanomaterial technology applied to ‘‘SEC. 711. HYBRID VEHICLES. (b) DEFINITIONS.—In this section: both battery and fuel cell systems; ‘‘(a) DEFINITIONS.—In this section: (1) BATTERY.—The term ‘‘battery’’ means (6) large-scale demonstrations, testing, and ‘‘(1) COST.—The term ‘cost’ has the mean- an energy storage device used in an on-road evaluation of plug-in hybrid electric vehicles ing given the term ‘cost of a loan guarantee’ or nonroad vehicle powered in whole or in in different applications with different bat- within the meaning of section 502(5)(C) of the part using an off-board or on-board source of teries and control systems, including— Federal Credit Reform Act of 1990 (2 U.S.C. electricity. (A) military applications; 661a(5)(C)). (2) ELECTRIC DRIVE TRANSPORTATION TECH- (B) mass market passenger and light-duty ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible NOLOGY.—The term ‘‘electric drive transpor- truck applications; project’ means a project to— tation technology’’ means— (C) private fleet applications; and ‘‘(A) improve hybrid technologies under (A) vehicles that use an electric motor for (D) medium- and heavy-duty applications; subsection (b); or all or part of their motive power and that (7) a nationwide education strategy for ‘‘(B) encourage domestic production of effi- may or may not use off-board electricity, in- electric drive transportation technologies cient hybrid and advanced diesel vehicles cluding battery electric vehicles, fuel cell ve- providing secondary and high school teach- under section 712(a). hicles, engine dominant hybrid electric vehi- ing materials and support for university edu- ‘‘(3) GUARANTEE.— cles, plug-in hybrid electric vehicles, plug-in cation focused on electric drive system and ‘‘(A) IN GENERAL.—The term ‘guarantee’ hybrid fuel cell vehicles, and electric rail; or component engineering; has the meaning given the term ‘loan guar- (B) equipment relating to transportation (8) development, in consultation with the antee’ in section 502 of the Federal Credit or mobile sources of air pollution that use an Administrator of the Environmental Protec- Reform Act of 1990 (2 U.S.C. 661a).

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.075 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8304 CONGRESSIONAL RECORD — SENATE July 26, 2006

‘‘(B) INCLUSION.—The term ‘guarantee’ in- ‘‘(iii) FORBEARANCE.—Nothing in this sub- ‘‘(B) AVAILABILITY.—Fees collected under cludes a loan guarantee commitment (as de- section precludes any forbearance by the this paragraph shall— fined in section 502 of the Federal Credit Re- holder of the obligation for the benefit of the ‘‘(i) be deposited by the Secretary into the form Act of 1990 (2 U.S.C. 661a)). borrower that may be agreed upon by the Treasury; and ‘‘(4) HYBRID TECHNOLOGY.—The term ‘hy- parties to the obligation and approved by the ‘‘(ii) remain available until expended, sub- brid technology’ means a battery or other re- Secretary. ject to such other conditions as are con- chargeable energy storage system, power ‘‘(B) SUBROGATION.— tained in annual appropriations Acts. electronic, hybrid systems integration, and ‘‘(i) IN GENERAL.—If the Secretary makes a ‘‘(9) RECORDS; AUDITS.— any other technology for use in hybrid vehi- payment under subparagraph (A), the Sec- ‘‘(A) IN GENERAL.—A recipient of a guar- cles. retary shall be subrogated to the rights of antee shall keep such records and other per- ‘‘(5) OBLIGATION.—The term ‘obligation’ the recipient of the payment as specified in tinent documents as the Secretary shall pre- means the loan or other debt obligation that the guarantee or related agreements includ- scribe by regulation, including such records is guaranteed under this section. ing, where appropriate, the authority (not- as the Secretary may require to facilitate an ‘‘(b) AUTHORIZATION.—The Secretary shall withstanding any other provision of law) effective audit. accelerate efforts directed toward the im- to— ‘‘(B) ACCESS.—The Secretary and the provement of hybrid technologies, including ‘‘(I) complete, maintain, operate, lease, or Comptroller General of the United States, or through the provision of loan guarantees otherwise dispose of any property acquired their duly authorized representatives, shall under subsection (c). pursuant to the guarantee or related agree- have access, for the purpose of audit, to the ‘‘(c) LOAN GUARANTEES.— ments; or records and other pertinent documents. ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(II) permit the borrower, pursuant to an ‘‘(10) FULL FAITH AND CREDIT.—The full make guarantees under this section for eligi- agreement with the Secretary, to continue faith and credit of the United States is ble projects on such terms and conditions as to pursue the purposes of the eligible project, pledged to the payment of all guarantees the Secretary, in consultation with the Sec- as the Secretary determines to be in the pub- issued under this section with respect to retary of the Treasury, determines to be ap- lic interest. principal and interest. propriate. ‘‘(ii) SUPERIORITY OF RIGHTS.—The rights of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU- the Secretary, with respect to any property There are authorized to be appropriated such TION.—No guarantee shall be made unless— acquired pursuant to a guarantee or related sums as are necessary to provide the cost of ‘‘(A) an appropriation for the cost has been agreement, shall be superior to the rights of guarantees under this section.’’. made; or any other person with respect to the prop- (b) EFFICIENT HYBRID AND ADVANCED DIE- ‘‘(B) the Secretary has received from the erty. SEL VEHICLES.—Section 712(a) of the Energy borrower a payment in full for the cost of ‘‘(iii) TERMS AND CONDITIONS.—A guarantee Policy Act of 2005 (42 U.S.C. 16062(a)) is the obligation and deposited the payment agreement shall include such detailed terms amended in the second sentence by striking into the Treasury. and conditions as the Secretary determines ‘‘grants to automobile manufacturers’’ and ‘‘(3) AMOUNT.—Unless otherwise provided appropriate to— inserting ‘‘grants and the provision of loan by law, a guarantee by the Secretary shall ‘‘(I) protect the interests of the United guarantees under section 711(c) to auto- not exceed an amount equal to 80 percent of States in the case of default; and mobile manufacturers and suppliers’’. the project cost of the hybrid technology ‘‘(II) have available all the patents and SEC. l27. FEDERAL FLEET REQUIREMENTS. that is the subject of the guarantee, as esti- technology necessary for any person se- (a) REGULATIONS.— mated at the time at which the guarantee is lected, including the Secretary, to complete (1) IN GENERAL.—The Secretary of Energy issued. and operate the eligible project. shall issue regulations for Federal fleets sub- ‘‘(4) REPAYMENT.— ‘‘(C) PAYMENT OF PRINCIPAL AND INTEREST ject to the Energy Policy Act of 1992 (42 ‘‘(A) IN GENERAL.—No guarantee shall be BY SECRETARY.—With respect to any obliga- U.S.C. 13201 et seq.) requiring that not later made unless the Secretary determines that tion guaranteed under this section, the Sec- than fiscal year 2016 each Federal agency there is a reasonable prospect of repayment retary may enter into a contract to pay, and achieve at least a 30 percent reduction in pe- of the principal and interest on the obliga- pay, holders of the obligation, for and on be- troleum consumption, as calculated from the tion by the borrower. half of the borrower, from funds appropriated baseline established by the Secretary for fis- ‘‘(B) AMOUNT.—No guarantee shall be made for that purpose, the principal and interest cal year 1999. unless the Secretary determines that the payments that become due and payable on (2) REQUIREMENT.—Not later than fiscal amount of the obligation (when combined the unpaid balance of the obligation if the year 2016, of the Federal vehicles required to with amounts available to the borrower from Secretary finds that— be alternative fueled vehicles under title V other sources) will be sufficient to carry out ‘‘(i)(I) the borrower is unable to meet the of the Energy Policy Act of 1992 (42 U.S.C. the project. payments and is not in default; 13251 et seq.), at least 30 percent shall be hy- ‘‘(C) SUBORDINATION.—The obligation shall ‘‘(II) it is in the public interest to permit brid motor vehicles (including plug-in hybrid be subject to the condition that the obliga- the borrower to continue to pursue the pur- motor vehicles) or new advanced lean burn tion is not subordinate to other financing. poses of the eligible project; and technology motor vehicles (as defined in sec- ‘‘(5) INTEREST RATE.—An obligation shall ‘‘(III) the probable net benefit to the Fed- tion 30B(c)(3) of the Internal Revenue Code of bear interest at a rate that does not exceed eral Government in paying the principal and 1986). a level that the Secretary determines appro- interest will be greater than the benefit that (b) INCLUSION OF ELECTRIC DRIVE IN ENERGY priate, taking into account the prevailing would result in the event of a default; POLICY ACT OF 1992.—Section 508(a) of the rate of interest in the private sector for ‘‘(ii) the amount of the payment that the Energy Policy Act of 1992 (42 U.S.C. 13258(a)) similar loans and risks. Secretary is authorized to pay will be no is amended— ‘‘(6) TERM.—The term of an obligation greater than the amount of principal and in- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- shall require full repayment over a period terest that the borrower is obligated to pay retary’’; and not to exceed the lesser of— under the agreement being guaranteed; and (2) by adding at the end the following: ‘‘(A) 30 years; or ‘‘(iii) the borrower agrees to reimburse the ‘‘(2) Not later than January 31, 2007, the ‘‘(B) 90 percent of the projected useful life Secretary for the payment (including inter- Secretary shall— of the physical asset to be financed by the est) on terms and conditions that are satis- ‘‘(A) allocate credit in an amount to be de- obligation (as determined by the Secretary). factory to the Secretary. termined by the Secretary for— ‘‘(7) DEFAULTS.— ‘‘(D) ACTION BY ATTORNEY GENERAL.— ‘‘(i) acquisition of— ‘‘(A) PAYMENT BY SECRETARY.— ‘‘(i) NOTIFICATION.—If the borrower de- ‘‘(I) a light-duty hybrid electric vehicle; ‘‘(i) IN GENERAL.—If a borrower defaults on faults on an obligation, the Secretary shall ‘‘(II) a plug-in hybrid electric vehicle; the obligation (as defined in regulations pro- notify the Attorney General of the default. ‘‘(III) a fuel cell electric vehicle; mulgated by the Secretary and specified in ‘‘(ii) RECOVERY.—On receipt of notification, ‘‘(IV) a medium- or heavy-duty hybrid the guarantee contract), the holder of the the Attorney General shall take such action electric vehicle; guarantee shall have the right to demand as the Attorney General determines to be ap- ‘‘(V) a neighborhood electric vehicle; or payment of the unpaid amount from the Sec- propriate to recover the unpaid principal and ‘‘(VI) a medium- or heavy-duty dedicated retary. interest due from— vehicle; and ‘‘(ii) PAYMENT REQUIRED.—Within such pe- ‘‘(I) such assets of the defaulting borrower ‘‘(ii) investment in qualified alternative riod as may be specified in the guarantee or as are associated with the obligation; or fuel infrastructure or nonroad equipment, as related agreements, the Secretary shall pay ‘‘(II) any other security pledged to secure determined by the Secretary; and to the holder of the guarantee the unpaid in- the obligation. ‘‘(B) allocate more than 1, but not to ex- terest on, and unpaid principal of the obliga- ‘‘(8) FEES.— ceed 5, credits for investment in an emerging tion as to which the borrower has defaulted, ‘‘(A) IN GENERAL.—The Secretary shall technology relating to any vehicle described unless the Secretary finds that— charge and collect fees for guarantees in in subparagraph (A) to encourage— ‘‘(I) there was no default by the borrower amounts the Secretary determines are suffi- ‘‘(i) a reduction in petroleum demand; in the payment of interest or principal; or cient to cover applicable administrative ex- ‘‘(ii) technological advancement; and ‘‘(II) the default has been remedied. penses. ‘‘(iii) environmental safety.’’.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.075 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8305

(c) AUTHORIZATION OF APPROPRIATIONS.— (5) MODEL YEAR 2016.—Not less than 50 per- ‘‘(i) provide alternative fuel available to There is authorized to be appropriated to cent of light-duty motor vehicles manufac- the public for a period not less than 4 years; carry out this section (including the amend- tured for model year 2016 shall be qualified ‘‘(ii) establish a marketing plan to advance ments made by subsection (b)) $10,000,000 for motor vehicles. the sale and use of alternative fuels; the period of fiscal years 2007 through 2012 (6) MODEL YEARS 2017 AND THEREAFTER.—Not ‘‘(iii) prominently display the price of al- SEC. l28. INCREASING THE EFFICIENCY OF less than 50 percent of light-duty motor vehi- ternative fuel on the marquee and in the sta- MOTOR VEHICLES. cles manufactured for model year 2017 and tion; (a) DEFINITIONS.—In this section: each model year thereafter and sold in the ‘‘(iv) provide point of sale materials on al- (1) ALTERNATIVE FUEL.—The term ‘‘alter- United States shall be qualified motor vehi- ternative fuel; native fuel’’ has the meaning given the term cles, of which not less than 10 percent shall ‘‘(v) clearly label the dispenser with con- in section 32901(a) of title 49, United States be— sistent materials; Code. (A) hybrid motor vehicles; ‘‘(vi) price the alternative fuel at the same (2) E85.—The term ‘‘E85’’ means a fuel (B) plug-in hybrid motor vehicles; margin that is received for unleaded gaso- blend containing 85 percent ethanol and 15 (C) new advanced lean burn technology line; and percent gasoline or diesel by volume. motor vehicles (as defined in section ‘‘(vii) support and use all available tax in- (3) FLEXIBLE FUEL MOTOR VEHICLE.—The 30B(c)(3) of the Internal Revenue Code of centives to reduce the cost of the alternative term ‘‘flexible fuel motor vehicle’’ means a 1986); fuel to the lowest possible retail price. light duty motor vehicle warrantied by the (D) new qualified fuel cell motor vehicles ‘‘(E) Not later than the date on which each manufacturer of the vehicle to operate on (as defined in section 30B(b)(3) of the Inter- alternative fuel station begins to offer alter- any combination of gasoline, E85, and M85. nal Revenue Code of 1986); or native fuel to the public, the grant recipient (4) HYBRID MOTOR VEHICLE.—The term ‘‘hy- (E) any other appropriate motor vehicle that used grant funds to construct such sta- brid motor vehicle’’ means a new qualified that uses substantially new technology and tion shall notify the Secretary of Energy of hybrid motor vehicle (as defined in section achieve at least 175 percent of the model such opening. The Secretary of Energy shall 30B(d)(3) of the Internal Revenue Code of year 2002 city fuel economy, as determined add each new alternative fuel station to the 1986) that achieves at least 125 percent of the by the Secretary of Transportation, by regu- alternative fuel station locator on its model year 2002 city fuel economy. lation. Website when it receives notification under this subparagraph. (5) LIGHT-DUTY MOTOR VEHICLE.—The term (c) RULEMAKING.—Not later than 1 year ‘‘(F) Not later than 6 months after the re- ‘‘light-duty motor vehicle’’ means, as de- after the date of enactment of this Act, the ceipt of a grant award under this paragraph, fined in regulations promulgated by the Ad- Secretary of Transportation shall promul- and every 6 months thereafter, each grant ministrator of the Environmental Protection gate regulations to carry out this section. Subtitle C—Fuel Choices for the 21st Century recipient shall submit a report to the Sec- Agency in effect on the date of enactment of retary of Energy that describes— l ´ this Act— SEC. 31. USE OF CAFE PENALTIES TO BUILD AL- ‘‘(i) the status of each alternative fuel sta- (A) a light-duty truck; or TERNATIVE FUELING INFRASTRUC- TURE. tion constructed with grant funds received (B) a light-duty vehicle. under this paragraph; (6) M85.—The term ‘‘M85’’ means a fuel Section 32912 of title 49, United States Code, is amended by adding at the end the ‘‘(ii) the amount of alternative fuel dis- blend containing 85 percent methanol and 15 pensed at each station during the preceding percent gasoline or diesel by volume. following ‘‘(e) ALTERNATIVE FUELING INFRASTRUC- 6-month period; and (7) PLUG-IN HYBRID MOTOR VEHICLE.—The TURE TRUST FUND.—(1) There is established ‘‘(iii) the average price per gallon of the al- term ‘‘plug-in hybrid electric vehicle’’ means in the Treasury of the United States a trust ternative fuel sold at each station during the a hybrid motor vehicle that— fund, to be known as the Alternative Fueling preceding 6-month period.’’. (A) has an onboard, rechargeable storage Infrastructure Trust Fund, consisting of SEC. l32. MINIMUM QUANTITY OF RENEWABLE device capable of propelling the vehicle sole- such amounts as are deposited into the Trust FUEL DERIVED FROM CELLULOSIC ly by electricity for at least 10 miles; and Fund under paragraph (2) and any interest BIOMASS. (B) achieves at least 125 percent of the earned on investment of amounts in the Section 211(o)(2)(B) of the Clean Air Act (42 model year 2002 city fuel economy. Trust Fund. U.S.C. 7545(o)(2)(B)) is amended by striking (8) QUALIFIED MOTOR VEHICLE.—The term ‘‘(2) The Secretary of Transportation shall clause (iii) and inserting the following: ‘‘qualified motor vehicle’’ means— remit 90 percent of the amount collected in ‘‘(iii) MINIMUM QUANTITY DERIVED FROM (A) a new advanced lean burn technology civil penalties under this section to the CELLULOSIC BIOMASS.— motor vehicle (as defined in section 30B(c)(3) Trust Fund. ‘‘(I) IN GENERAL.—The applicable volume of the Internal Revenue Code of 1986) that ‘‘(3)(A) The Secretary of Energy shall obli- referred to in clause (ii) shall contain a min- achieves at least 125 percent of the model gate such sums as are available in the Trust imum of— year 2002 city fuel economy; Fund to establish a grant program to in- ‘‘(aa) for each of calendar years 2010 (B) an alternative fueled automobile (as crease the number of locations at which con- through 2012, 75,000,000 gallons that are de- defined in section 32901(a) of title 49, United sumers may purchase alternative fuels. rived from cellulosic biomass; and States Code); ‘‘(B)(i) The Secretary of Energy may award ‘‘(bb) for calendar year 2013 and each cal- (C) a flexible fuel motor vehicle; grants under this paragraph, in an amount endar year thereafter, 250,000,000 gallons that (D) a new qualified fuel cell motor vehicle equal to not more than $150,000 per fueling are derived from cellulosic biomass. station, to— (as defined in section 30B(b)(3) of the Inter- ‘‘(II) RATIO.—For calendar year 2010 and nal Revenue Code of 1986); ‘‘(I) individual fueling stations; and each calendar year thereafter, the 2.5-to-1 (E) a hybrid motor vehicle; ‘‘(II) corporations (including nonprofit cor- ratio referred to in paragraph (4) shall not (F) a plug-in hybrid motor vehicle; and porations) with demonstrated experience in apply.’’. the administration of grant funding for the (G) any other appropriate motor vehicle SEC. l33. MINIMUM QUANTITY OF RENEWABLE that uses substantially new technology and purpose of alternative fueling infrastructure. FUEL DERIVED FROM SUGAR. ‘‘(ii) In awarding grants under this para- achieve at least 175 percent of the model (a) IN GENERAL.—Section 211(o)(2)(B) of the graph, the Secretary shall consider the num- year 2002 city fuel economy, as determined Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is ber of vehicles in service capable of using a by the Secretary of Transportation, by regu- amended by adding at the end the following: lation. specific type of alternative fuel. ‘‘(iii) Grant recipients shall provide a non- ‘‘(v) MINIMUM QUANTITY DERIVED FROM (b) REQUIREMENTS.— Federal match of not less than $1 for every $3 SUGAR.—For calendar year 2008 and each cal- (1) MODEL YEAR 2012.—Not less than 10 per- of grant funds received under this paragraph. endar year thereafter, the applicable volume cent of light-duty motor vehicles manufac- ‘‘(iv) Each grant recipient shall select the referred to in clause (ii) shall contain a min- tured for model year 2012 and sold in the locations for each alternative fuel station to imum of 100,000,000 gallons that are derived United States shall be qualified motor vehi- be constructed with grant funds received from domestically-grown sugarcane, sugar cles. under this paragraph on a formal, open, and beets, or sugar components.’’. (2) MODEL YEAR 2013.—Not less than 20 per- competitive basis. (b) APPLICABLE VOLUME.—Section cent of light-duty motor vehicles manufac- ‘‘(C) Grant funds received under this para- 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. tured for model year 2013 and sold in the graph may be used to— 7545(o)(2)(B)(i)) is amended— United States shall be qualified motor vehi- ‘‘(i) construct new facilities to dispense al- (1) in the item relating to calendar year cles. ternative fuels; 2008, by striking ‘‘5.4’’ and inserting ‘‘5.5’’; (3) MODEL YEAR 2014.—Not less than 30 per- ‘‘(ii) purchase equipment to upgrade, ex- (2) in the item relating to calendar year cent of light-duty motor vehicles manufac- pand, or otherwise improve existing alter- 2009, by striking ‘‘6.1’’ and inserting ‘‘6.2’’; tured for model year 2014 and sold in the native fuel facilities; or (3) in the item relating to calendar year United States shall be qualified motor vehi- ‘‘(iii) purchase equipment or pay for spe- 2010, by striking ‘‘6.8’’ and inserting ‘‘6.9’’; cles. cific turnkey fueling services by alternative (4) in the item relating to calendar year (4) MODEL YEAR 2015.—Not less than 40 per- fuel providers. 2011, by striking ‘‘7.4’’ and inserting ‘‘7.5’’; cent of light-duty motor vehicles manufac- ‘‘(D) Facilities constructed or upgraded and tured for model year 2015 shall be qualified with grant funds under this paragraph (5) in the item relating to calendar year motor vehicles. shall— 2012, by striking ‘‘7.5’’ and inserting ‘‘7.6’’.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.075 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8306 CONGRESSIONAL RECORD — SENATE July 26, 2006 SEC. l34. BIOENERGY RESEARCH AND DEVELOP- rights-of-way for fixed guide way mass trans- reach, and corporate sponsorship and partici- MENT. portation facilities (including commercial pation. Section 931(c) of the Energy Policy Act of development of facilities that have a phys- (B) ADMINISTRATIVE COSTS.—Operational 2005 (42 U.S.C. 16231(c)) is amended— ical and functional connection with each fa- and management expenses. (1) in paragraph (1), by striking cility). (2) LIMITATIONS.—In carrying out this sec- ‘‘$213,000,000’’ and inserting ‘‘$326,000,000’’; (3) NUMBER OF TODCS.—In consultation tion, the Secretary shall allocate not less (2) in paragraph (2), by striking with State transportation departments and than 85 percent of funds made available ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; metropolitan planning organizations, the under subsection (e) for each fiscal year for and Secretary shall designate— the advertising functions specified under (3) in paragraph (3), by striking (A) not fewer than 10 TODCs by December paragraph (1)(A). ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. 31, 2015; and (d) REPORTS.—The Secretary shall annu- SEC. l35. PRODUCTION INCENTIVES FOR CEL- (B) not fewer than 20 TODCs by December ally submit to Congress a report that de- LULOSIC BIOFUELS. 31, 2025. scribes— Section 942(f) of the Energy Policy Act of (4) TRANSIT GRANTS.— (1) the strategy of the national media cam- 2005 (42 U.S.C. 16251(f)) is amended by strik- (A) IN GENERAL.—The Secretary make paign and whether specific objectives of the ing ‘‘$250,000,000’’ and inserting ‘‘$200,000,000 grants to eligible states and local govern- campaign were accomplished, including— for each of fiscal years 2007 through 2011’’. mental authorities to pay the Federal share (A) determinations concerning the rate of SEC. l36. LOW-INTEREST LOAN AND GRANT PRO- of the cost of designating geographic areas in change of oil consumption, in both absolute GRAM FOR RETAIL DELIVERY OF E– urbanized areas as TODCs. and per capita terms; and 85 FUEL. (B) APPLICATION.—Each eligible State or (B) an evaluation that enables consider- (a) PURPOSES OF LOANS.—Section 312(a) of local governmental authority that desires to ation whether the media campaign contrib- the Consolidated Farm and Rural Develop- receive a grant under this paragraph shall uted to reduction of oil consumption; ment Act (7 U.S.C. 1942(a)) is amended— submit an application to the Secretary, at (2) steps taken to ensure that the national (1) in paragraph (9)(B)(ii), by striking ‘‘or’’ such time, in such manner, and accompanied media campaign operates in an effective and at the end; by such additional information as the Sec- efficient manner consistent with the overall (2) in paragraph (10), by striking the period retary may reasonably require. strategy and focus of the campaign; at the end and inserting ‘‘; or’’; and (C) LABOR STANDARDS.—Subchapter IV of (3) plans to purchase advertising time and (3) by adding at the end the following: chapter 31 of title 40, United States Code space; ‘‘(11) building infrastructure, including shall apply to projects that receive funding (4) policies and practices implemented to pump stations, for the retail delivery to con- under this section. ensure that Federal funds are used respon- sumers of any fuel that contains not less (D) FEDERAL SHARE.—The Federal share of sibly to purchase advertising time and space than 85 percent ethanol, by volume.’’. the cost of a project under this subsection and eliminate the potential for waste, fraud, (b) PROGRAM.—Subtitle B of the Consoli- shall be 50 percent. and abuse; and dated Farm and Rural Development Act (7 (c) TODC RESEARCH AND DEVELOPMENT.— (5) all contracts or cooperative agreements U.S.C. 1941 et seq.) is amended by adding at To support effective deployment of grants entered into with a corporation, partnership, the end the following: and incentives under this section, the Sec- or individual working on behalf of the na- ‘‘SEC. 320. LOW-INTEREST LOAN AND GRANT PRO- retary shall establish a TODC research and tional media campaign. GRAM FOR RETAIL DELIVERY OF E– development program to conduct research on (e) AUTHORIZATION OF APPROPRIATIONS.— 85 FUEL. the best practices and performance criteria There is authorized to be appropriated to ‘‘(a) IN GENERAL.—The Secretary shall es- for TODCs. carry out this section $5,000,000 for each of tablish a low-interest loan and grant pro- (d) AUTHORIZATION OF APPROPRIATIONS.— fiscal years 2006 through 2010. gram to assist farmer-owned ethanol pro- There is authorized to be appropriated to ducers (including cooperatives and limited carry out this section $50,000,000 for each of SA 4708. Mr. BAYH (for himself, Mr. liability corporations) to develop and build fiscal years 2007 through 2012. infrastructure, including pump stations, for BROWNBACK, Mr. LIEBERMAN, Mr. COLE- the retail delivery to consumers of any fuel Subtitle D—Nationwide Energy Security MAN, Mr. SALAZAR, Mr. LUGAR, Mr. that contains not less than 85 percent eth- Media Campaign OBAMA, Mr. CHAFEE, Mr. AKAKA, Mrs. anol, by volume. SEC. l41. NATIONWIDE MEDIA CAMPAIGN TO DE- CLINTON, Mr. DODD, Mr. KOHL, Ms. CREASE OIL CONSUMPTION. ‘‘(b) TERMS.— CANTWELL, Mr. KERRY, Mr. GRAHAM, ‘‘(1) INTEREST RATE.—A low-interest loan (a) IN GENERAL.—The Secretary of Energy, Mr. MENENDEZ, Ms. COLLINS, and Mr. under this section shall be fixed at not more acting through the Assistant Secretary for BINGAMAN) submitted an amendment than 5 percent for each year. Energy Efficiency and Renewable Energy ‘‘(2) AMORTIZATION.—The repayment of a (referred to in this section as the ‘‘Sec- intended to be proposed by him to the loan under this section shall be amortized retary’’), shall develop and conduct a na- bill S. 3711, to enhance the energy inde- over the expected life of the infrastructure tional media campaign for the purpose of de- pendence and security of the United project that is being financed with the pro- creasing oil consumption in the United States by providing for exploration, de- ceeds of the loan. States over the next decade. velopment, and production activities ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (b) CONTRACT WITH ENTITY.—The Secretary for mineral resources in the Gulf of shall carry out subsection (a) directly or There are authorized to be appropriated such Mexico, and for other purposes; which sums as are necessary to carry out this sec- through— tion.’’. (1) competitively bid contracts with 1 or was ordered to lie on the table; as fol- (c) REGULATIONS.—As soon as practicable more nationally recognized media firms for lows: after the date of enactment of this Act, the the development and distribution of monthly At the appropriate place, insert the fol- Secretary of Agriculture shall promulgate television, radio, and newspaper public serv- lowing: such regulations as are necessary to carry ice announcements; or TITLE ll—TAX INCENTIVES FOR VEHI- out the amendments made by this section. (2) collective agreements with 1 or more CLE AND FUEL CHOICES FOR AMERICAN SEC. l37. TRANSIT-ORIENTED DEVELOPMENT nationally recognized institutes, businesses, SECURITY CORRIDORS. or nonprofit organizations for the funding, Subtitle A—Fuel Efficient Vehicles for the (a) DEFINITIONS.—In this section: development, and distribution of monthly 21st Century (1) TRANSIT-ORIENTED DEVELOPMENT COR- television, radio, and newspaper public serv- RIDOR.—The term ‘‘Transit-Oriented Devel- ice announcements. SEC. l01. ADVANCED TECHNOLOGY MOTOR VE- opment Corridor’’ or ‘‘TODC’’ means a geo- (c) USE OF FUNDS.— HICLES MANUFACTURING CREDIT. graphic area designated by the Secretary (1) IN GENERAL.—Amounts made available (a) IN GENERAL.—Subpart B of part IV of under subsection (b). to carry out this section shall be used for the subchapter A of chapter 1 of the Internal (2) OTHER TERMS.—The terms ‘‘fixed guide following: Revenue Code of 1986 (relating to foreign tax way’’, ‘‘local governmental authority’’, (A) ADVERTISING COSTS.— credit, etc.) is amended by adding at the end ‘‘mass transportation’’, ‘‘Secretary’’, (i) The purchase of media time and space. the following new section: ‘‘State’’, and ‘‘urbanized area’’ have the (ii) Creative and talent costs. ‘‘SEC. 30D. ADVANCED TECHNOLOGY MOTOR VE- meanings given the terms in section 5302 of (iii) Testing and evaluation of advertising. HICLES MANUFACTURING CREDIT. title 49, United States Code. (iv) Evaluation of the effectiveness of the ‘‘(a) CREDIT ALLOWED.—There shall be al- (b) TRANSIT-ORIENTED DEVELOPMENT COR- media campaign. lowed as a credit against the tax imposed by RIDORS.— (v) The negotiated fees for the winning bid- this chapter for the taxable year an amount (1) IN GENERAL.—The Secretary shall de- der on requests from proposals issued either equal to 35 percent of so much of the quali- velop and carry out a program to designate by the Secretary for purposes otherwise au- fied investment of an eligible taxpayer for geographic areas in urbanized areas as Tran- thorized in this section. such taxable year as does not exceed sit-Oriented Development Corridors. (vi) Entertainment industry outreach, $75,000,000. (2) CRITERIA.—An area designated as a interactive outreach, media projects and ac- ‘‘(b) QUALIFIED INVESTMENT.—For purposes TODC under paragraph (1) shall include tivities, public information, news media out- of this section—

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.075 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8307

‘‘(1) IN GENERAL.—The qualified investment ‘‘(e) ELIGIBLE TAXPAYER.—For purposes of ‘‘(37) to the extent provided in section for any taxable year is equal to the incre- this section, the term ‘eligible taxpayer’ 30D(g).’’. mental costs incurred during such taxable means any taxpayer if more than 50 percent (2) Section 6501(m) of such Code is amended year— of its gross receipts for the taxable year is by inserting ‘‘30D(k),’’ after ‘‘30C(e)(5),’’. ‘‘(A) to re-equip or expand any manufac- derived from the manufacture of motor vehi- (3) The table of sections for subpart B of turing facility of the eleigible taxpayer to cles or any component parts of such vehicles. part IV of subchapter A of chapter 1 of such produce advanced technology motor vehi- ‘‘(f) LIMITATION BASED ON AMOUNT OF Code is amended by inserting after the item cles, TAX.—The credit allowed under subsection relating to section 30C the following new ‘‘(B) to re-equip, expand, or establish any (a) for the taxable year shall not exceed the item: manufacturing facility of the eligible tax- excess of— ‘‘Sec. 30D. Advanced technology motor vehi- payer to produce eligible components, ‘‘(1) the sum of— cles manufacturing credit.’’. ‘‘(C) for engineering integration performed ‘‘(A) the regular tax liability (as defined in (c) EFFECTIVE DATE.—The amendments in the United States of such vehicles and section 26(b)) for such taxable year, plus made by this section shall apply to amounts components as described in subsection (d), ‘‘(B) the tax imposed by section 55 for such incurred in taxable years beginning after De- and taxable year and any prior taxable year be- cember 31, 2005. ‘‘(D) for research and development per- ginning after 1986 and not taken into ac- SEC. l02. CONSUMER INCENTIVES TO PURCHASE formed in the United States related to ad- count under section 53 for any prior taxable ADVANCED TECHNOLOGY VEHICLES. vanced technology motor vehicles and eligi- year, over (a) ELIMINATION ON NUMBER OF NEW QUALI- ble components. ‘‘(2) the sum of the credits allowable under FIED HYBRID AND ADVANCED LEAN BURN TECH- ‘‘(2) ATTRIBUTION RULES.—In the event a fa- subpart A and sections 27, 30, and 30B for the NOLOGY VEHICLES ELIGIBLE FOR ALTERNATIVE cility of the eligible taxpayer produces both taxable year. MOTOR VEHICLE CREDIT.— advanced technology motor vehicles and ‘‘(g) REDUCTION IN BASIS.—For purposes of (1) IN GENERAL.—Section 30D of the Inter- conventional motor vehicles, or eligible and this subtitle, if a credit is allowed under this nal Revenue Code of 1986 is amended by non-eligible components, only the qualified section for any expenditure with respect to striking subsection (f) and by redesignating investment attributable to production of ad- any property, the increase in the basis of subsections (g) through (j) as subsections (f) vanced technology motor vehicles and eligi- such property which would (but for this through (i), respectively. ble components shall be taken into account. paragraph) result from such expenditure (2) CONFORMING AMENDMENTS.— ‘‘(c) ADVANCED TECHNOLOGY MOTOR VEHI- shall be reduced by the amount of the credit (A) Paragraphs (4) and (6) of section 30B(h) CLES AND ELIGIBLE COMPONENTS.—For pur- so allowed. of the Internal Revenue Code of 1986 are each poses of this section— ‘‘(h) NO DOUBLE BENEFIT.— amended amended by striking ‘‘(determined ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- without regard to subsection (g))’’ and in- AND CREDITS.—Except as provided in para- CLE.—The term ‘advanced technology motor serting ‘‘determined without regard to sub- graph (2), the amount of any deduction or vehicle’ means— section (f))’’. other credit allowable under this chapter for ‘‘(A) any new advanced lean burn tech- (B) Section 38(b)(25) of such Code is amend- any cost taken into account in determining nology motor vehicle (as defined in section ed by striking ‘‘section 30B(g)(1)’’ and insert- the amount of the credit under subsection (a) 30B(c)(3)), or ing ‘‘section 30B(f)(1)’’. shall be reduced by the amount of such cred- ‘‘(B) any new qualified hybrid motor vehi- (C) Section 55(c)(2) of such Code is amended it attributable to such cost. cle (as defined in section 30B(d)(3)(A) and de- by striking ‘‘section 30B(g)(2)’’ and inserting ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— termined without regard to any gross vehicle ‘‘section 30B(f)(2)’’. ‘‘(A) IN GENERAL.—Except as provided in weight rating). (D) Section 1016(a)(36) of such Code is subparagraph (B), any amount described in ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eli- amended by striking ‘‘section 30B(h)(4)’’ and subsection (b)(1)(D) taken into account in de- gible component’ means any component in- inserting ‘‘section 30B(g)(4)’’. termining the amount of the credit under herent to any advanced technology motor (E) Section 6501(m) of such Code is amend- subsection (a) for any taxable year shall not vehicle, including— ed by striking ‘‘section 30B(h)(9)’’ and insert- be taken into account for purposes of deter- ‘‘(A) with respect to any gasoline or diesel- ing ‘‘section 30B(g)(9)’’. mining the credit under section 41 for such electric new qualified hybrid motor vehicle— (b) EXTENSION OF ALTERNATIVE VEHICLE taxable year. ‘‘(i) electric motor or generator, CREDIT FOR NEW QUALIFIED HYBRID MOTOR ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- ‘‘(ii) power split device, VEHICLES.—Paragraph (3) of section 30B(i) of ‘‘(iii) power control unit, MINING BASE PERIOD RESEARCH EXPENSES.— the Internal Revenue Code of 1986 (as redes- ‘‘(iv) power controls, Any amounts described in subsection ignated by subsection (a)) is amended by ‘‘(v) integrated starter generator, or (b)(1)(D) taken into account in determining striking ‘‘December 31, 2009’’ and inserting ‘‘(vi) battery, the amount of the credit under subsection (a) ‘‘December 31, 2010’’. for any taxable year which are qualified re- ‘‘(B) with respect to any hydraulic new (c) EFFECTIVE DATE.—The amendments qualified hybrid motor vehicle— search expenses (within the meaning of sec- made by this section shall apply to property ‘‘(i) hydraulic accumulator vessel, tion 41(b)) shall be taken into account in de- placed in service after December 31, 2005, in ‘‘(ii) hydraulic pump, or termining base period research expenses for taxable years ending after such date. purposes of applying section 41 to subsequent ‘‘(iii) hydraulic pump-motor assembly, SEC. l03. TAX INCENTIVES FOR PRIVATE ‘‘(C) with respect to any new advanced lean taxable years. FLEETS. ‘‘(i) BUSINESS CARRYOVERS ALLOWED.—If burn technology motor vehicle— (a) IN GENERAL.—Subpart E of part IV of the credit allowable under subsection (a) for ‘‘(i) diesel engine, subchapter A of chapter 1 of the Internal a taxable year exceeds the limitation under ‘‘(ii) turbocharger, Revenue Code of 1986 is amended by inserting subsection (f) for such taxable year, such ex- ‘‘(iii) fuel injection system, or after section 48B the following new section: cess (to the extent of the credit allowable ‘‘(iv) after-treatment system, such as a with respect to property subject to the al- ‘‘SEC. 48C. FUEL-EFFICIENT FLEET CREDIT. particle filter or NOx absorber, and lowance for depreciation) shall be allowed as ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(D) with respect to any advanced tech- a credit carryback and carryforward under tion 46, the fuel-efficient fleet credit for any nology motor vehicle, any other component rules similar to the rules of section 39. taxable year is 15 percent of the qualified submitted for approval by the Secretary. ‘‘(j) SPECIAL RULES.—For purposes of this fuel-efficient vehicle investment amount of ‘‘(d) ENGINEERING INTEGRATION COSTS.—For section, rules similar to the rules of para- an eligible taxpayer for such taxable year. purposes of subsection (b)(1)(C), costs for en- graphs (4) and (5) of section 179A(e) and para- ‘‘(b) VEHICLE PURCHASE REQUIREMENT.—In gineering integration are costs incurred graphs (1) and (2) of section 41(f) shall apply the case of any eligible taxpayer which prior to the market introduction of advanced ‘‘(k) ELECTION NOT TO TAKE CREDIT.—No places less than 10 qualified fuel-efficient ve- technology vehicles for engineering tasks re- credit shall be allowed under subsection (a) hicles in service during the taxable year, the lated to— for any property if the taxpayer elects not to qualified fuel-efficient vehicle investment ‘‘(1) establishing functional, structural, have this section apply to such property. amount shall be zero. and performance requirements for compo- ‘‘(l) REGULATIONS.—The Secretary shall ‘‘(c) QUALIFIED FUEL-EFFICIENT VEHICLE IN- nent and subsystems to meet overall vehicle prescribe such regulations as necessary to VESTMENT AMOUNT.—For purposes of this sec- objectives for a specific application, carry out the provisions of this section. tion— ‘‘(2) designing interfaces for components ‘‘(m) TERMINATION.—This section shall not ‘‘(1) IN GENERAL.—The term ‘qualified fuel- and subsystems with mating systems within apply to any qualified investment after De- efficient vehicle investment amount’ means a specific vehicle application, cember 31, 2015.’’. the basis of any qualified fuel-efficient vehi- ‘‘(3) designing cost effective, efficient, and (b) CONFORMING AMENDMENTS.— cle placed in service by an eligible taxpayer reliable manufacturing processes to produce (1) Section 1016(a) of the Internal Revenue during the taxable year. components and subsystems for a specific ve- Code of 1986 is amended by striking ‘‘and’’ at ‘‘(2) QUALIFIED FUEL-EFFICIENT VEHICLE.— hicle application, and the end of paragraph (35), by striking the pe- The term ‘qualified fuel-efficient vehicle’ ‘‘(4) validating functionality and perform- riod at the end of paragraph (36) and insert- means an automobile which has a fuel econ- ance of components and subsystems for a ing ‘‘, and’’, and by adding at the end the fol- omy which is at least 125 percent greater specific vehicle application. lowing new paragraph: than the average fuel economy standard for

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.070 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8308 CONGRESSIONAL RECORD — SENATE July 26, 2006 an automobile of the same class and model ‘‘(i) for the 1st taxable year in the recovery Subtitle B—Fuel Choices for the 21st Century year. period— SEC. l11. INCREASE IN ALTERNATIVE FUEL VE- ‘‘(3) OTHER TERMS.—The terms ‘auto- ‘‘(I) described in subsection (d)(5)(A)(ii)(I), HICLE REFUELING PROPERTY CRED- mobile’, ‘average fuel economy standard’, $4,000, IT. ‘fuel economy’, and ‘model year’ have the ‘‘(II) described in the second sentence of (a) IN GENERAL.—Subsection (a) of section meanings given to such terms under section subsection (d)(5)(A), $5,000, and 30C of the Internal Revenue Code of 1986 is 32901 of title 49, United States Code. ‘‘(III) described in subsection amended by striking ‘‘30 percent’’ and insert- ‘‘(d) ELIGIBLE TAXPAYER.—The term ‘eligi- (d)(5)(A)(ii)(II), $6,000, ing ‘‘50 percent’’. ble taxpayer’ means, with respect to any tax- ‘‘(ii) for the 2nd taxable year in the recov- (b) EFFECTIVE DATE.—The amendment able year, a taxpayer who owns a fleet of 100 ery period— made by this section shall apply to property placed in service after December 31, 2005, in or more vehicles which are used in the trade ‘‘(I) described in subsection (d)(5)(A)(ii)(I), taxable years ending after such date. or business of the taxpayer on the first day $6,400, of such taxable year. ‘‘(II) described in the second sentence of SA 4709. Mr. OBAMA (for himself, ‘‘(e) TERMINATION.—This section shall not subsection (d)(5)(A), $8,000, and Mr. LUGAR, Mr. BIDEN, Mr. BINGAMAN, apply to any vehicle placed in service after ‘‘(III) described in subsection Mr. COLEMAN, Mr. SPECTER, Mr. SMITH, December 31, 2010.’’. (d)(5)(A)(ii)(II), $9,600, (b) CREDIT TREATED AS PART OF INVEST- ‘‘(iii) for the 3rd taxable year in the recov- and Mr. HARKIN) submitted an amend- MENT CREDIT.—Section 46 of the Internal ery period— ment intended to be proposed by him Revenue Code of 1986 is amended by striking ‘‘(I) described in subsection (d)(5)(A)(ii)(I), to the bill S. 3711, to enhance the en- ‘‘and’’ at the end of paragraph (3), by strik- $3,850, ergy independence and security of the ing the period at the end of paragraph (4) and ‘‘(II) described in the second sentence of inserting ‘‘, and’’, and by adding at the end United States by providing for explo- the following new paragraph: subsection (d)(5)(A), $4,800, and ration, development, and production ‘‘(5) the fuel-efficient fleet credit.’’. ‘‘(III) described in subsection activities for mineral resources in the (c) CONFORMING AMENDMENTS.— (d)(5)(A)(ii)(II), $5,775, and Gulf of Mexico, and for other purposes; (1) Section 49(a)(1)(C) of the Internal Rev- ‘‘(iv) for each succeeding taxable year in which was ordered to lie on the table; enue Code of 1986 is amended by striking the recovery period— as follows: ‘‘(I) described in subsection (d)(5)(A)(ii)(I), ‘‘and’’ at the end of clause (iii), by striking On page 18, after line 17, add the following: the period at the end of clause (iv) and in- $2,325, SEC. 6. FUEL ECONOMY REFORM. serting ‘‘, and’’, and by adding at the end the ‘‘(II) described in the second sentence of (a) SHORT TITLE.—This section may be following new clause: subsection (d)(5)(A), $2,900, and ‘‘(III) described in subsection cited as the ‘‘Fuel Economy Reform Act’’. ‘‘(v) the basis of any qualified fuel-efficient (b) FINDINGS.—Congress makes the fol- (d)(5)(A)(ii)(II), $3,475.’’. vehicle which is taken into account under lowing findings: (2) YEARS AFTER RECOVERY PERIOD.—Sec- section 48C.’’. (1) United States dependence on oil im- (2) The table of sections for subpart E of tion 280F(a)(1)(B)(ii) of such Code is amended ports imposes tremendous burdens on Amer- part IV of subchapter A of chapter 1 of such to read as follows: ica’s economy, foreign policy, and military. Code is amended by inserting after the item ‘‘(ii) LIMITATION.—The amount treated as (2) According to the Energy Information relating to section 48 the following new item: an expense under clause (i) for any taxable Administration, 60 percent of the crude oil ‘‘Sec. 48C. Fuel-efficient fleet credit.’’. year shall not exceed for any passenger auto- and petroleum products consumed in the (d) EFFECTIVE DATE.—The amendments mobile— United States between April 2005 and March made by this section shall apply to periods ‘‘(I) described in subsection (d)(5)(A)(ii)(I), 2006 (12,400,000 barrels per day) was imported. after December 31, 2005, in taxable years end- $2,325, At a cost of $75 per barrel of oil, Americans ing after such date, under rules similar to ‘‘(II) described in the second sentence of remit more than $600,000 per minute to other the rules of section 48(m) of the Internal subsection (d)(5)(A), $2,900, and countries for petroleum, money that could Revenue Code of 1986 (as in effect on the day ‘‘(III) described in subsection have been spent creating domestic jobs and before the date of the enactment of the Rev- (d)(5)(A)(ii)(II), $3,475.’’. strengthening our Nation’s economy. enue Reconciliation Act of 1990). (3) INFLATION ADJUSTMENT.—Section (3) A significant percentage of these petro- SEC. l04. REDUCING INCENTIVES TO GUZZLE 280F(d)(7) of such Code (relating to auto- leum imports originate in countries con- GAS. mobile price inflation adjustment) is amend- trolled by regimes that are unstable or open- (a) INCLUSION OF HEAVY VEHICLES IN LIMI- ed— ly hostile to the interests of the United TATION ON DEPRECIATION OF CERTAIN LUXURY (A) by striking ‘‘after 1988’’ in subpara- States. Dependence on production from these AUTOMOBILES.— graph (A) and inserting ‘‘after 2006’’, and countries contributes to the volatility of do- (1) IN GENERAL.—Section 280F(d)(5)(A) of (B) by striking subparagraph (B) and in- mestic and global markets and the ‘‘risk pre- the Internal Revenue Code of 1986 (defining serting the following new subparagraph: mium’’ paid by American consumers. passenger automobile) is amended— ‘‘(B) AUTOMOBILE PRICE INFLATION ADJUST- (4) The Energy Information Administra- (A) by striking clause (ii) and inserting the MENT.—For purposes of this paragraph— tion projects that the total petroleum de- following new clause: ‘‘(i) IN GENERAL.—The automobile price in- mand in the United States will increase by 23 ‘‘(ii)(I) which is rated at 6,000 pounds un- flation adjustment for any calendar year is percent between 2006 and 2026, while domes- loaded gross vehicle weight or less, or the percentage (if any) by which— tic crude production is expected to decrease ‘‘(II) which is rated at more than 6,000 ‘‘(I) the average wage index for the pre- by 11 percent, resulting in an anticipated 28 pounds but not more than 14,000 pounds gross ceding calendar year, exceeds percent increase in petroleum imports. Ab- vehicle weight.’’, ‘‘(II) the average wage index for 2005. sent significant action, our Nation will be- (B) by striking ‘‘clause (ii)’’ in the second ‘‘(ii) AVERAGE WAGE INDEX.—The term ‘av- come more vulnerable to oil price increases, sentence and inserting ‘‘clause (ii)(I)’’. erage wage index’ means the average wage more dependent upon foreign oil, and less (2) EXCEPTION FOR VEHICLES USED IN FARM- index published by the Social Security Ad- able to pursue our national interests. ING BUSINESS.—Section 280F(d)(5)(B) of such ministration.’’. (5) America’s ability to broadly transition Code (relating to exception for certain vehi- (4) EFFECTIVE DATE.—The amendments to alternative fuels, such as cellulosic eth- cles) is amended by striking ‘‘and’’ at the made by this subsection shall apply to prop- anol and hydrogen, is predicated upon pro- end of clause (ii), by redesignating clause erty placed in service after the date of the ducing more fuel-efficient vehicles. Failure (iii) as clause (iv), and by inserting after enactment of this Act. to do so would tax scarce resources and in- clause (ii) the following new clause: crease long-term costs. ‘‘(iii) any vehicle used in a farming busi- (c) EXPENSING LIMITATION FOR FARM VEHI- (6) Two-thirds of all domestic oil use oc- ness (as defined in section 263A(e)(4), and’’. CLES.— curs in the transportation sector, which is 97 (3) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Paragraph (6) of section percent reliant upon petroleum-based fuels. made by this subsection shall apply to prop- 179(b) of the Internal Revenue Code of 1986 Passenger vehicles, including light trucks erty placed in service after the date of the (relating to limitations) is amended to read under 10,000 pounds gross vehicle weight, rep- enactment of this Act. as follows: resent over 60 percent of the oil used in the (b) UPDATED DEPRECIATION DEDUCTION LIM- ‘‘(6) LIMITATION ON COST TAKEN INTO AC- transportation sector. ITS.— COUNT FOR FARM VEHICLES.—The cost of any (7) Corporate average fuel economy of all (1) IN GENERAL.—Subparagraph (A) of sec- vehicle described in section 280F(d)(5)(B)(iii) cars and trucks improved by 70 percent be- tion 280F(a)(1) of the Internal Revenue Code for any taxable year which may be taken tween 1975 and 1987. Between 1987 and 2006, of 1986 (relating to limitation on amount of into account under this section shall not ex- fuel economy improvements have stagnated depreciation for luxury automobiles) is ceed $30,000.’’. and are much worse than the vehicle fuel amended to read as follows: (2) EFFECTIVE DATE.—The amendment economy in many developed countries and ‘‘(I) LIMITATION.—The amount of the depre- made by this subsection shall apply to prop- some developing countries, including China. ciation deduction for any taxable year shall erty placed in service after the date of the (8) Significant improvements in engine not exceed for any passenger automobile— enactment of this Act. technology occurred between 1986 and 2006.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.070 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8309 These advances have been used to make vehi- not more than 10,000 pounds gross vehicle tation, in consultation with the Secretary of cles larger and more powerful, rather than to weight.’’. Energy, determines that the minimum increase fuel economy. Between 1985 and (2) FUEL ECONOMY INFORMATION.—Section standards prescribed under paragraph (2) or 2005, average vehicle horsepower nearly dou- 32908(a) of title 49, United States Code, is (3) or subsection (b) for each model year— bled, average vehicle weight increased by 25 amended, by striking ‘‘section—’’ and all ‘‘(i) are technologically unachievable; percent, and acceleration times for new vehi- that follows through ‘‘(2)’’ and inserting ‘‘(ii) cannot be achieved without materi- cles improved by 25 percent. During the same ‘‘section, the term’’. ally reducing the overall safety of auto- time period, average vehicle fuel economy (3) EFFECTIVE DATE.—The amendments mobiles manufactured or sold in the United decreased by 2 percent. made by this subsection shall apply to model States; or (9) According to a 2002 fuel economy report year 2009 and each subsequent model year. ‘‘(iii) is shown, by clear and convincing evi- by the National Academies of Science, im- (d) AVERAGE FUEL ECONOMY STANDARDS.— dence, not to be cost effective. provements in gasoline engine technology (1) STANDARDS.—Section 32902 of title 49, ‘‘(B) If a lower standard is prescribed for a offer the opportunity to increase fuel econ- United States Code, is amended— model year under subparagraph (A), such omy by 50 percent, while maintaining vehi- (A) in subsection (a)— standard shall be the maximum standard cle size and performance and improving safe- (i) in the header, by inserting ‘‘MANUFAC- that— ty. The fleet analyzed by the Academies TURED BEFORE MODEL YEAR 2012’’ after ‘‘NON- ‘‘(i) is technologically achievable; would average 37 miles per gallon. When the PASSENGER AUTOMOBILES’’; and ‘‘(ii) can be achieved without materially report was released in 2002, it noted that (ii) by adding at the end the following: reducing the overall safety of automobiles these technologies could be available for ‘‘This subsection shall not apply to auto- manufactured or sold in the United States; wide use within 10 to 15 years. mobiles manufactured after model year and (10) The 2002 fuel economy report study 2011.’’; ‘‘(iii) is cost effective. ‘‘(5) In determining cost effectiveness clearly states that fuel economy can be in- (B) in subsection (b)— under paragraph (4)(A)(iii), the Secretary of creased without negatively impacting the (i) in the header, by inserting ‘‘MANUFAC- Transportation shall take into account the TURED BEFORE MODEL YEAR 2012’’ after ‘‘PAS- safety of America’s cars and trucks. Some total value to the Nation of reduced petro- SENGER AUTOMOBILES’’; new technologies can increase both safety leum use, including the value of reducing ex- (ii) by inserting ‘‘and before model year and fuel economy (such as high strength ma- ternal costs of petroleum use, using a value 2009’’ after ‘‘1984’’; and terials, unibody design, lower bumpers). De- for such costs equal to 50 percent of the sign changes related to fuel economy also (iii) by adding at the end the following: value of a gallon of gasoline saved or the present opportunities to reduce the incom- ‘‘Such standard shall be increased by 4 per- amount determined in an analysis of the ex- patibility of tall, stiff, heavy vehicles with cent per year for model years 2009 through ternal costs of petroleum use that con- the majority of vehicles on the road. 2011 (rounded to the nearest 1/10 mile per gal- siders— (11) A 2004 report by David Greene of Oak lon)’’; ‘‘(A) value to consumers; Ridge National Labs entitled, ‘‘The Effect of (C) by amending subsection (c) to read as ‘‘(B) economic security; Fuel Economy on Automobile Safety: A Re- follows: ‘‘(C) national security; ‘‘(c) AUTOMOBILES MANUFACTURED AFTER examination’’, demonstrates that fuel econ- ‘‘(D) foreign policy; MODEL YEAR 2011.—(1) Not later than 18 omy is not linked with increased fatalities. ‘‘(E) the impact of oil use— months before the beginning of each model The report notes that, ‘‘higher mpg is sig- ‘‘(i) on sustained cartel rents paid to for- year after model year 2011, the Secretary of nificantly correlated with fewer fatalities’’. eign suppliers; Transportation shall prescribe, by regula- In other words, a thorough analysis of data ‘‘(ii) on long-run potential gross domestic tion— from 1966 to 2002 indicates that vehicle man- product due to higher normal-market oil ‘‘(A) an average fuel economy standard for ufacturers can simultaneously increase fuel price levels, including inflationary impacts; automobiles manufactured by a manufac- economy and improve vehicle safety. ‘‘(iii) on import costs, wealth transfers, turer in that model year; or (12) A 2002 study entitled, ‘‘An Analysis of and potential gross domestic product due to ‘‘(B) based on 1 or more vehicle attributes Traffic Deaths by Vehicle Type and Model’’, increased trade imbalances; that relate to fuel economy— by Marc Ross and Tom Wenzel from the Uni- ‘‘(iv) on import costs and wealth transfers ‘‘(i) separate standards for different classes versity of Michigan, demonstrates that large during oil shocks; of automobiles; or vehicles do not have lower fatality rates ‘‘(v) on macroeconomic dislocation and ad- ‘‘(ii) standards expressed in the form of a than smaller vehicles. Ross and Wenzel ana- justment costs during oil shocks; mathematical function. lyzed Federal accident data between 1995 and ‘‘(vi) on the cost of existing energy secu- 1999 and showed that the Honda Civic and ‘‘(2)(A) Except as provided under para- graphs (3) and (4) and subsection (d), stand- rity policies, including the management of Volkswagen Jetta both had lower fatality the Strategic Petroleum Reserve; rates for the driver than the Ford Explorer, ards under paragraph (1) shall attain a pro- jected aggregate level of average fuel econ- ‘‘(vii) on the timing and severity of the oil the Dodge Ram, or the Toyota 4Runner. peaking problem; Even the largest vehicles, such as the Chev- omy of 27.5 miles per gallon for all auto- mobiles manufactured by all manufacturers ‘‘(viii) on the risk, probability, size, and rolet Tahoe and Suburban, had fatality rates duration of oil supply disruptions; that were no better than the Jetta or the for model year 2012. ‘‘(B) The projected aggregate level of aver- ‘‘(ix) on OPEC strategic behavior and long- Nissan Maxima. In other words, a well-de- age fuel economy for model year 2013 and run oil pricing; signed compact car can be safer than an each succeeding model year shall be in- ‘‘(x) on the short term elasticity of energy sport-utility vehicle or a pickup truck. De- creased by 4 percent from the level for the demand and the magnitude of price increases sign, rather than weight, is the key to vehi- prior model year (rounded to the nearest 1/10 resulting from a supply shock; cle safety. mile per gallon). ‘‘(xi) on oil imports, military costs, and re- (13) Significant change must occur to ‘‘(C) Notwithstanding subparagraphs (A) lated security costs, including intelligence, strengthen the economic competitiveness of and (B), the fleetwide average fuel economy homeland security, sea lane security and in- the domestic auto industry. According to a standard for passenger automobiles manu- frastructure, and other military activities; recent study by the University of Michigan, factured by a manufacturer in a model year ‘‘(xii) on oil imports, diplomatic and for- a sustained gasoline price of $2.86 per gallon for that manufacturer’s domestic fleet and eign policy flexibility, and connections to would lead Detroit’s Big 3 automakers’ prof- for its foreign fleet as calculated under sec- geopolitical strife, terrorism, and inter- its to shrink by $7,000,000,000 as they absorb tion 32904 as in effect before the date of en- national development activities; 75 percent of the lost vehicle sales. This actment of the Fuel Economy Reform Act ‘‘(xiii) all relevant environmental hazards would put nearly 300,000 Americans out of shall not be less than 92 percent of the aver- under the jurisdiction of the Environmental work. age fuel economy projected by the Secretary Protection Agency; and (14) Opportunities exist to strengthen the for the combined domestic and foreign fleets ‘‘(xiv) on well-to-wheels urban and local air domestic vehicle industry while improving manufactured by all manufacturers in that emissions of ‘pollutants’ and their fuel economy. A 2004 study performed by the model year. uninternalized costs; University of Michigan concludes that the ‘‘(3) If the actual aggregate level of aver- ‘‘(F) the impact of the oil or energy inten- provision of $1,500,000,000 in tax incentives age fuel economy achieved by manufacturers sity of the United States economy on the over 10 years to enable the retrofit of domes- for each of 3 consecutive model years is at sensitivity of the economy to oil price tic manufacturing and parts facilities to least 5 percent less than the projected aggre- changes, including the magnitude of gross produce clean cars would lead to a gain of gate level of average fuel economy for such domestic product losses in response to short nearly 60,000 domestic jobs and pay for itself model year, the Secretary shall make appro- term price shocks or long term price in- through the resulting increase in domestic priate adjustments to the standards pre- creases; tax receipts. scribed under this subsection. ‘‘(G) the impact of United States payments (c) DEFINITION OF AUTOMOBILE.— ‘‘(4)(A) Notwithstanding paragraphs (1) for oil imports on political, economic, and (1) IN GENERAL.—Section 32901(a)(3) of title through (3) and subsection (b), the Secretary military developments in unstable or un- 49, United States Code, is amended by strik- of Transportation may prescribe a lower av- friendly oil exporting countries; ing ‘‘rated at—’’ and all that follows through erage fuel economy standard for 1 or more ‘‘(H) the uninternalized costs of pipeline the period at the end and inserting ‘‘rated at model years if the Secretary of Transpor- and storage oil seepage, and for risk of oil

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.076 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8310 CONGRESSIONAL RECORD — SENATE July 26, 2006 spills from production, handling, and trans- trator, to incorporate such additional factors (v) in subsection (g)(2), as redesignated, by port, and related landscape damage; and in fuel economy tests in a manner that will inserting ‘‘and highway’’ after ‘‘city’’ in each ‘‘(I) additional relevant factors, as deter- not effectively increase or decrease average place it appears. mined by the Secretary. fuel economy for any automobile manufac- (B) CONFORMING AMENDMENTS.— ‘‘(6) When considering the value to con- turer. (i) Paragraphs (4) and (6) of section 30B(h) sumers of a gallon of gasoline saved, the Sec- ‘‘(F) There is authorized to be appropriated of such Code are each amended by striking retary of Transportation may not use a to the Secretary such amounts as are re- ‘‘(determined without regard to subsection value less than the greatest of— quired to carry out the study, analysis, and (g))’’ and inserting ‘‘determined without re- ‘‘(A) the average national cost of a gallon assessment required by subparagraph (B).’’; gard to subsection (f))’’. of gasoline sold in the United States during and (ii) Section 38(b)(25) of such Code is amend- the 12-month period ending on the date on ed by striking ‘‘section 30B(g)(1)’’ and insert- (D) in subsection (g)(2), by striking ‘‘(and which the new fuel economy standard is pro- ing ‘‘section 30B(f)(1)’’. submit the amendment to Congress when re- posed; (iii) Section 55(c)(2) of such Code is amend- quired under subsection (c)(2) of this sec- ‘‘(B) the most recent weekly estimate by ed by striking ‘‘section 30B(g)(2)’’ and insert- tion)’’. the Energy Information Administration of ing ‘‘section 30B(f)(2)’’. (2) CONFORMING AMENDMENTS.— the Department of Energy of the average na- (iv) Section 1016(a)(36) of such Code is (A) IN GENERAL.—Chapter 329 of title 49, tional cost of a gallon of gasoline (all grades) amended by striking ‘‘section 30B(h)(4)’’ and United States Code, is amended— sold in the United States; or inserting ‘‘section 30B(g)(4)’’. (i) in section 32903— ‘‘(C) the gasoline prices projected by the (v) Section 6501(m) of such Code is amended (I) by striking ‘‘passenger’’ each place it Energy Information Administration for the by striking ‘‘section 30B(h)(9)’’ and inserting appears; 20-year period beginning in the year fol- ‘‘section 30B(g)(9)’’. (II) by striking ‘‘section 32902(b)–(d) of this lowing the year in which the standards are (2) EXTENSION OF ALTERNATIVE VEHICLE title’’ each place it appears and inserting established. CREDIT FOR NEW QUALIFIED HYBRID MOTOR VE- ‘‘subsection (c) or (d) of section 32902’’; ‘‘(7) In prescribing standards under this HICLES.—Paragraph (3) of section 30B(i) of (III) by striking subsection (e); and subsection, the Secretary may prescribe such Code (as redesignated by paragraph (1)) (IV) by redesignating subsection (f) as sub- standards for 1 or more model years. is amended by striking ‘‘December 31, 2009’’ section (e); and ‘‘(8)(A) Not later than December 31, 2016, and inserting ‘‘December 31, 2010’’. (ii) in section 32904(a)— the Secretary of Transportation, the Sec- (3) EFFECTIVE DATE.—The amendments (I) by striking ‘‘passenger’’ each place it retary of Energy, and the Administrator of made by this subsection shall apply to prop- appears; and the Environmental Protection Agency shall erty placed in service after December 31, (II) in paragraph (1), by striking ‘‘subject submit a joint report to Congress on the 2005, in taxable years ending after such date. to’’ and all that follows through ‘‘section state of global automotive efficiency tech- (g) ADVANCED TECHNOLOGY MOTOR VEHI- nology development, and on the accuracy of 32902(b)–(d) of this title’’ and inserting ‘‘sub- CLES MANUFACTURING CREDIT.— tests used to measure fuel economy of auto- section (c) or (d) of section 32902’’. (1) IN GENERAL.—Subpart B of part IV of mobiles under section 32904(c), utilizing the (B) EFFECTIVE DATE.—The amendments subchapter A of chapter 1 of the Internal study and assessment of the National Acad- made by subparagraph (A) shall apply to Revenue Code of 1986 (relating to foreign tax emy of Sciences referred to in subparagraph automobiles manufactured after model year credit, etc.) is amended by adding at the end (B). 2011. the following: ‘‘(B) The Secretary shall enter into appro- (e) CREDIT TRADING AND COMPLIANCE.— priate arrangements with the National Acad- ‘‘SEC. 30D. ADVANCED TECHNOLOGY MOTOR VE- (1) CREDIT TRADING.—Section 32903(a) of HICLES MANUFACTURING CREDIT. emy of Sciences to conduct a comprehensive title 49, United States Code, is amended— ‘‘(a) CREDIT ALLOWED.—There shall be al- study of the technological opportunities to (A) by inserting ‘‘Credits earned by a man- lowed as a credit against the tax imposed by enhance fuel economy and an analysis and ufacturer under this section may be sold to this chapter for the taxable year an amount assessment of the accuracy of fuel economy equal to 35 percent of the qualified invest- tests used by the Administrator of the Envi- any other manufacturer and used as if ment of an eligible taxpayer for such taxable ronmental Protection Agency to measure earned by that manufacturer; except that year. fuel economy for each model under section credits earned by a manufacturer described in section 32904(b)(1)(A)(i) may not be sold to ‘‘(b) QUALIFIED INVESTMENT.—For purposes 32904(c). Such analysis and assessment shall of this section— identify any additional factors or methods or purchased by a manufacturer described in 32904(b)(1)(A)(ii),’’ after ‘‘earns credits.’’; and ‘‘(1) IN GENERAL.—The qualified investment that should be included in tests to measure for any taxable year is equal to the incre- fuel economy for each model to more accu- (B) by striking ‘‘3 consecutive model years mental costs incurred during such taxable rately reflect actual fuel economy of auto- immediately’’ each place it appears and in- year— mobiles. The Secretary and the Adminis- serting ‘‘model years’’. ‘‘(A) to re-equip, expand, or establish any trator of the Environmental Protection (2) TREATMENT OF IMPORTS.— manufacturing facility in the United States Agency shall furnish, at the request of the (A) CONFORMING AMENDMENT.—Section Academy, any information which the Acad- 32904(b) is amended by striking ‘‘passenger’’ of the eligible taxpayer to produce advanced emy determines to be necessary to conduct each place it appears. technology motor vehicles or to produce eli- the study, analysis, and assessment under (B) APPLICABILITY.—The amendments made gible components, this subparagraph. by subparagraph (A) shall apply to auto- ‘‘(B) for engineering integration performed ‘‘(C) The report submitted under subpara- mobiles manufactured after model year 2011. in the United States of such vehicles and graph (A) shall include— (3) MULTI-YEAR COMPLIANCE PERIOD.—Sec- components as described in subsection (d), ‘‘(i) the study of the National Academy of tion 32904(c) of such title is amended— ‘‘(C) for research and development per- Sciences referred to in subparagraph (B); and (A) by inserting ‘‘(1)’’ before ‘‘The Admin- formed in the United States related to ad- ‘‘(ii) an assessment by the Secretary of istrator’’; and vanced technology motor vehicles and eligi- technological opportunities to enhance fuel (B) by adding at the end the following: ble components, and economy and opportunities to increase over- ‘‘(D) for employee retraining with respect ‘‘(2) The Secretary, by rule, may allow a to the manufacturing of such vehicles or all fleet safety. manufacturer to elect a multi-year compli- ‘‘(D) The report submitted under subpara- components (determined without regard to ance period of not more than 4 consecutive graph (A) shall identify and examine addi- wages or salaries of such retrained employ- model years in lieu of the single model year tional opportunities to reform the regu- ees). compliance period otherwise applicable latory structure under this chapter, includ- ‘‘(2) ATTRIBUTION RULES.—In the event a fa- under this chapter.’’. ing approaches that seek to merge vehicle cility of the eligible taxpayer produces both and fuel requirements into a single system (f) CONSUMER TAX CREDIT.— advanced technology motor vehicles and that achieves equal or greater reduction in (1) ELIMINATION ON NUMBER OF NEW QUALI- conventional motor vehicles, or eligible and petroleum use and environmental benefits. FIED HYBRID AND ADVANCED LEAN BURN TECH- non-eligible components, only the qualified ‘‘(E) The report submitted under subpara- NOLOGY VEHICLES ELIGIBLE FOR ALTERNATIVE investment attributable to production of ad- graph (A) shall— MOTOR VEHICLE CREDIT.— vanced technology motor vehicles and eligi- ‘‘(i) include conclusions reached by the Ad- (A) IN GENERAL.—Section 30B of the Inter- ble components shall be taken into account. ministrator of the Environmental Protection nal Revenue Code of 1986 is amended— ‘‘(c) DEFINITIONS.—In this section: Agency, as a result of detailed analysis and (i) in subsection (c)(2)(A), by inserting ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- public comment, on the accuracy of current ‘‘and highway’’ after ‘‘city’’ in each place it CLE.—The term ‘advanced technology motor fuel economy tests; appears; vehicle’ means— ‘‘(ii) identify any additional factors that (ii) in subsection (d)(2)(B)(ii), by inserting ‘‘(A) any qualified electric vehicle (as de- the Administrator determines should be in- ‘‘and highway’’ after ‘‘city’’ in each place it fined in section 30(c)(1)), cluded in tests to measure fuel economy for appears; ‘‘(B) any new qualified fuel cell motor ve- each model to more accurately reflect actual (iii) by striking subsection (f); hicle (as defined in section 30B(b)(3)), fuel economy of automobiles; and (iv) by redesignating subsections (g) ‘‘(C) any new advanced lean burn tech- ‘‘(iii) include a description of options, for- through (j) as subsections (f) through (i), re- nology motor vehicle (as defined in section mulated by the Secretary and the Adminis- spectively; and 30B(c)(3)),

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.076 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8311 ‘‘(D) any new qualified hybrid motor vehi- count under section 53 for any prior taxable amounts incurred in taxable years beginning cle (as defined in section 30B(d)(2)(A) and de- year, over after December 31, 1999. termined without regard to any gross vehicle ‘‘(2) the sum of the credits allowable under weight rating), subpart A and sections 27, 30, and 30B for the SA 4710. Mr. OBAMA (for himself and ‘‘(E) any new qualified alternative fuel taxable year. Mrs. CLINTON) submitted an amend- motor vehicle (as defined in section 30B(e)(4), ‘‘(f) REDUCTION IN BASIS.—For purposes of ment intended to be proposed by him including any mixed-fuel vehicle (as defined this subtitle, if a credit is allowed under this to the bill S. 3711, to enhance the en- in section 30B(e)(5)(B)), and section for any expenditure with respect to ergy independence and security of the ‘‘(F) any other motor vehicle using electric any property, the increase in the basis of United States by providing for explo- drive transportation technology (as defined such property which would (but for this ration, development, and production in paragraph (3)). paragraph) result from such expenditure activities for mineral resources in the ‘‘(2) ELECTRIC DRIVE TRANSPORTATION TECH- shall be reduced by the amount of the credit NOLOGY.—The term ‘electric drive transpor- so allowed. Gulf of Mexico, and for other purposes; tation technology’ means technology used by ‘‘(g) NO DOUBLE BENEFIT.— which was ordered to lie on the table; vehicles that use an electric motor for all or ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS as follows: part of their motive power and that may or AND CREDITS.—Except as provided in para- At the appropriate place, insert the fol- may not use off-board electricity, such as graph (2), the amount of any deduction or lowing: battery electric vehicles, fuel cell vehicles, other credit allowable under this chapter for TITLE ll—HEALTH CARE FOR HYBRIDS any cost taken into account in determining engine dominant hybrid electric vehicles, SEC. l01. SHORT TITLE. plug-in hybrid electric vehicles, and plug-in the amount of the credit under subsection (a) This title may be cited as the ‘‘Health Care hybrid fuel cell vehicles. shall be reduced by the amount of such cred- for Hybrids Act’’. ‘‘(3) ELIGIBLE COMPONENTS.—The term ‘eli- it attributable to such cost. SEC. l02. FINDINGS. ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— gible component’ means any component in- Congress makes the following findings: ‘‘(A) IN GENERAL.—Except as provided in herent to any advanced technology motor (1) The United States imports over half the subparagraph (B), any amount described in vehicle, including— oil it consumes. subsection (b)(1)(C) taken into account in de- ‘‘(A) with respect to any gasoline or diesel- (2) According to present trends, the United termining the amount of the credit under electric new qualified hybrid motor vehicle— States reliance on foreign oil will increase to subsection (a) for any taxable year shall not ‘‘(i) electric motor or generator; 68 percent of its total consumption by 2025. be taken into account for purposes of deter- ‘‘(ii) power split device; (3) With only 3 percent of the world’s mining the credit under section 41 for such ‘‘(iii) power control unit; known oil reserves, the health of the United taxable year. ‘‘(iv) power controls; States economy is dependent on world oil ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- ‘‘(v) integrated starter generator; or prices. MINING BASE PERIOD RESEARCH EXPENSES.— ‘‘(vi) battery; (4) World oil prices are overwhelmingly Any amounts described in subsection ‘‘(B) with respect to any hydraulic new dictated by countries other than the United (b)(1)(C) taken into account in determining qualified hybrid motor vehicle— States, thus endangering our economic and the amount of the credit under subsection (a) ‘‘(i) accumulator or other energy storage national security. for any taxable year which are qualified re- device; (5) Legacy health care costs associated search expenses (within the meaning of sec- ‘‘(ii) hydraulic pump; with retiree workers are an increasing bur- tion 41(b)) shall be taken into account in de- ‘‘(iii) hydraulic pump-motor assembly; den on the global competitiveness of Amer- termining base period research expenses for ‘‘(iv) power control unit; and ican industries. purposes of applying section 41 to subsequent ‘‘(v) power controls; (6) American automakers have lagged be- taxable years. ‘‘(C) with respect to any new advanced lean hind their foreign competitors in producing ‘‘(h) BUSINESS CARRYOVERS ALLOWED.—If burn technology motor vehicle— hybrid and other energy efficient auto- the credit allowable under subsection (a) for ‘‘(i) diesel engine; mobiles. a taxable year exceeds the limitation under ‘‘(ii) turbo charger; (7) Innovative uses of new technology in subsection (e) for such taxable year, such ex- ‘‘(iii) fuel injection system; or automobiles in the United States will help cess (to the extent of the credit allowable ‘‘(iv) after-treatment system, such as a retain American jobs, support health care with respect to property subject to the al- particle filter or NOx absorber; and obligations for retiring workers in the auto- lowance for depreciation) shall be allowed as ‘‘(D) with respect to any advanced tech- motive sector, decrease America’s depend- a credit carryback to each of the 15 taxable nology motor vehicle, any other component ence on foreign oil, and address pressing en- years immediately preceding the unused submitted for approval by the Secretary. vironmental concerns. ‘‘(4) ELIGIBLE TAXPAYER.—The term ‘eligi- credit year and as a carryforward to each of ble taxpayer’ means any taxpayer if more the 20 taxable years immediately following Subtitle A—Program than 20 percent of the taxpayer’s gross re- the unused credit year. SEC. l11. COORDINATING TASK FORCE. ceipts for the taxable year is derived from ‘‘(i) SPECIAL RULES.—For purposes of this Not later than 6 months after the date of the manufacture of motor vehicles or any section, rules similar to the rules of section enactment of this Act, the Secretary of En- component parts of such vehicles. 179A(e)(4) and paragraphs (1) and (2) of sec- ergy, the Secretary of Health and Human Services, the Secretary of Transportation, ‘‘(d) ENGINEERING INTEGRATION COSTS.—For tion 41(f) shall apply and the Secretary of the Treasury shall es- purposes of subsection (b)(1)(B), costs for en- ‘‘(j) ELECTION NOT TO TAKE CREDIT.—No tablish, and appoint an equal number of rep- gineering integration are costs incurred credit shall be allowed under subsection (a) resentatives to, a task force (referred to in prior to the market introduction of advanced for any property if the taxpayer elects not to this Act as the ‘‘task force’’) to administer technology vehicles for engineering tasks re- have this section apply to such property. the program established under this Act. lated to— ‘‘(k) REGULATIONS.—The Secretary shall ‘‘(1) establishing functional, structural, prescribe such regulations as necessary to SEC. l12. ESTABLISHMENT OF PROGRAM. (a) IN GENERAL.—Not later than 1 year and performance requirements for compo- carry out the provisions of this section. after the date of enactment of this Act, the nent and subsystems to meet overall vehicle ‘‘(l) TERMINATION.—This section shall not task force established under section l11 objectives for a specific application, apply to any qualified investment after De- shall establish a program to provide finan- ‘‘(2) designing interfaces for components cember 31, 2010.’’. cial assistance to eligible domestic auto- and subsystems with mating systems within (2) CONFORMING AMENDMENTS.— mobile manufacturers for the costs incurred a specific vehicle application, (A) Section 1016(a) of the Internal Revenue in providing health benefits to their retired ‘‘(3) designing cost effective, efficient, and Code of 1986 is amended by striking ‘‘and’’ at the end of paragraph (36), by striking the pe- employees. reliable manufacturing processes to produce (b) CONSULTATION.—In establishing the pro- components and subsystems for a specific ve- riod at the end of paragraph (37) and insert- ing ‘‘, and’’, and by adding at the end the fol- gram under subsection (a), the task force hicle application, and shall consult with representatives from the ‘‘(4) validating functionality and perform- lowing: ‘‘(38) to the extent provided in section domestic automobile manufacturers, unions ance of components and subsystems for a representing employees of such manufactur- specific vehicle application. 30D(g).’’. (B) Section 6501(m) of such Code is amend- ers, and consumer and environmental ‘‘(e) LIMITATION BASED ON AMOUNT OF ed by inserting ‘‘30D(k),’’ after ‘‘30C(e)(5),’’. groups. TAX.—The credit allowed under subsection (c) ELIGIBLE DOMESTIC AUTOMOBILE MANU- (C) The table of sections for subpart B of (a) for the taxable year shall not exceed the FACTURER.—To be eligible to receive finan- part IV of subchapter A of chapter 1 of such excess of— cial assistance under the program estab- Code is amended by inserting after the item ‘‘(1) the sum of— lished under subsection (a), a domestic auto- relating to section 30C the following: ‘‘(A) the regular tax liability (as defined in mobile manufacturer shall— section 26(b)) for such taxable year, plus ‘‘Sec. 30D. Advanced technology motor vehi- (1) submit an application to the task force ‘‘(B) the tax imposed by section 55 for such cles manufacturing credit.’’. at such time, in such manner, and con- taxable year and any prior taxable year be- (3) EFFECTIVE DATE.—The amendments taining such information as the task force ginning after 1986 and not taken into ac- made by this subsection shall apply to shall require;

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.076 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8312 CONGRESSIONAL RECORD — SENATE July 26, 2006

(2) certify that such manufacturer is pro- ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE entity not subject to tax imposed by subtitle viding full health care coverage to all of its DOCTRINE; ETC.— A. A person shall be treated as a tax-indif- domestic employees; ‘‘(1) GENERAL RULES.— ferent party with respect to a transaction if (3) provide an assurance that the manufac- ‘‘(A) IN GENERAL.—In any case in which a the items taken into account with respect to turer will invest an amount equal to not less court determines that the economic sub- the transaction have no substantial impact than 50 percent of the amount of health sav- stance doctrine is relevant for purposes of on such person’s liability under subtitle A. ings derived by the manufacturer as a result this title to a transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- of its retiree health care costs being covered actions), such transaction (or series of trans- ACTIONS OF INDIVIDUALS.—In the case of an under the program under this section, in— actions) shall have economic substance only individual, this subsection shall apply only (A) the domestic manufacture and com- if the requirements of this paragraph are to transactions entered into in connection mercialization of petroleum fuel reduction met. with a trade or business or an activity en- technologies, including alternative or flexi- ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— gaged in for the production of income. ble fuel vehicles, hybrids, and other state-of- For purposes of subparagraph (A)— ‘‘(D) TREATMENT OF LESSORS.—In applying the-art fuel saving technologies; ‘‘(i) IN GENERAL.—A transaction has eco- paragraph (1)(B)(ii) to the lessor of tangible (B) the retraining of workers and retooling nomic substance only if— property subject to a lease— of assembly lines for such domestic manufac- ‘‘(I) the transaction changes in a meaning- ‘‘(i) the expected net tax benefits with re- ture and commercialization; ful way (apart from Federal tax effects) the spect to the leased property shall not include (C) research and development, design, com- taxpayer’s economic position, and the benefits of— mercialization, and other costs related to ‘‘(II) the taxpayer has a substantial nontax ‘‘(I) depreciation, the diversifying of domestic production of purpose for entering into such transaction ‘‘(II) any tax credit, or automobiles through the offering of high per- and the transaction is a reasonable means of ‘‘(III) any other deduction as provided in formance fuel efficient vehicles; and accomplishing such purpose. guidance by the Secretary, and (D) assisting domestic automobile compo- In applying subclause (II), a purpose of ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) nent suppliers to retool their domestic man- achieving a financial accounting benefit shall be disregarded in determining whether ufacturing plants to produce components for shall not be taken into account in deter- any of such benefits are allowable. petroleum fuel reduction technologies, in- mining whether a transaction has a substan- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- cluding alternative or flexible fuel vehicles, tial nontax purpose if the origin of such fi- FECTED.—Except as specifically provided in hybrid, advanced diesel, or other state-of- nancial accounting benefit is a reduction of this subsection, the provisions of this sub- the-art fuel saving technologies; and income tax section shall not be construed as altering or (4) provide additional assurances and infor- ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES supplanting any other rule of law, and the mation as the task force may require, in- ON PROFIT POTENTIAL.—A transaction shall requirements of this subsection shall be con- cluding information needed by the task force not be treated as having economic substance strued as being in addition to any such other to audit the manufacturer’s compliance with by reason of having a potential for profit un- rule of law. less— the requirements of the program. ‘‘(5) REGULATIONS.—The Secretary shall ‘‘(I) the present value of the reasonably ex- (d) LIMITATION.—The total amount of fi- prescribe such regulations as may be nec- pected pre-tax profit from the transaction is nancial assistance that may be provided each essary or appropriate to carry out the pur- substantial in relation to the present value year under the program under this section poses of this subsection. Such regulations of the expected net tax benefits that would with respect to any single domestic auto- may include exemptions from the applica- be allowed if the transaction were respected, mobile manufacturer shall not exceed an tion of this subsection.’’. and amount equal to 10 percent of the retiree (b) EFFECTIVE DATE.—The amendments ‘‘(II) the reasonably expected pre-tax profit health care costs of that manufacturer for made by this section shall apply to trans- from the transaction exceeds a risk-free rate that year. actions entered into after the date of the en- of return. l actment of this Act. SEC. 13. REPORTING. ‘‘(C) TREATMENT OF FEES AND FOREIGN SEC. l22. PENALTY FOR UNDERSTATEMENTS AT- Not later than 6 months after the date of TAXES.—Fees and other transaction expenses TRIBUTABLE TO TRANSACTIONS enactment of this Act, and every 6 months and foreign taxes shall be taken into account thereafter, the task force shall submit to LACKING ECONOMIC SUBSTANCE, as expenses in determining pre-tax profit ETC. Congress a report on any financial assistance under subparagraph (B)(ii). (a) IN GENERAL.—Subchapter A of chapter provided under this program under this Act ‘‘(2) SPECIAL RULES FOR TRANSACTION WITH 68 of the Internal Revenue Code of 1986 is and the resulting changes in the manufac- TAX-INDIFFERENT PARTIES.— amended by inserting after section 6662A the ture and commercialization of fuel saving ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- following new section: technologies implemented by auto manufac- ACTIONS.—The form of a transaction which is turers as a result of such financial assist- ‘‘SEC. 6662A. PENALTY FOR UNDERSTATEMENTS in substance the borrowing of money or the ATTRIBUTABLE TO TRANSACTIONS ance. Not later than 1 year after the date of acquisition of financial capital directly or LACKING ECONOMIC SUBSTANCE, enactment of this Act, the task force shall indirectly from a tax-indifferent party shall ETC. submit a report to Congress on the effective- not be respected if the present value of the ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer ness of current consumer incentives avail- deductions to be claimed with respect to the has an noneconomic substance transaction able for the purchase of hybrid vehicles in transaction is substantially in excess of the understatement for any taxable year, there encouraging the purchase of such vehicles present value of the anticipated economic re- shall be added to the tax an amount equal to and whether these incentives should be ex- turns of the person lending the money or 40 percent of the amount of such understate- panded. providing the financial capital. A public of- ment. SEC. l14. AUTHORIZATION OF APPROPRIATIONS. fering shall be treated as a borrowing, or an ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED There are authorized to be appropriated, acquisition of financial capital, from a tax- TRANSACTIONS.—Subsection (a) shall be ap- such sums as may be necessary in each fiscal indifferent party if it is reasonably expected plied by substituting ‘20 percent’ for ‘40 per- year to carry out this Act. that at least 50 percent of the offering will be cent’ with respect to the portion of any non- SEC. l15. LIMITATION ON BACKSLIDING. placed with tax-indifferent parties. economic substance transaction understate- To be eligible to receive financial assist- ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS ment with respect to which the relevant ance under this subtitle, a manufacturer ADJUSTMENTS.—The form of a transaction facts affecting the tax treatment of the item shall provide assurances to the task force with a tax-indifferent party shall not be re- are adequately disclosed in the return or a that fuel savings achieved with respect its spected if— statement attached to the return. average adjusted fuel economy will not re- ‘‘(i) it results in an allocation of income or ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION sult in decreases with respect to fuel econ- gain to the tax-indifferent party in excess of UNDERSTATEMENT.—For purposes of this sec- omy elsewhere in the domestic fleet. The such party’s economic income or gain, or tion— task force shall determine compliance with ‘‘(ii) it results in a basis adjustment or ‘‘(1) IN GENERAL.—The term ‘noneconomic such assurances using accepted measure- shifting of basis on account of overstating substance transaction understatement’ ments of fuel savings. the income or gain of the tax-indifferent means any amount which would be an under- party. statement under section 6662A(b)(1) if section SEC. l16. TERMINATION OF PROGRAM. ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For 6662A were applied by taking into account The program established under this sub- purposes of this subsection— items attributable to noneconomic sub- title shall terminate on December 31, 2015. ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The stance transactions rather than items to Subtitle B—Offsets term ‘economic substance doctrine’ means which section 6662A would apply without re- SEC. l21. CLARIFICATION OF ECONOMIC SUB- the common law doctrine under which tax gard to this paragraph. STANCE DOCTRINE. benefits under subtitle A with respect to a ‘‘(2) NONECONOMIC SUBSTANCE TRANS- (a) IN GENERAL.—Section 7701 of the Inter- transaction are not allowable if the trans- ACTION.—The term ‘noneconomic substance nal Revenue Code of 1986 is amended by re- action does not have economic substance or transaction’ means any transaction if— designating subsection (o) as subsection (p) lacks a business purpose. ‘‘(A) there is a lack of economic substance and by inserting after subsection (n) the fol- ‘‘(B) TAX-INDIFFERENT PARTY.—The term (within the meaning of section 7701(o)(1)) for lowing new subsection: ‘tax-indifferent party’ means any person or the transaction giving rise to the claimed

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.071 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8313

benefit or the transaction was not respected (d) EFFECTIVE DATE.—The amendments Budget with respect to each major Federal under section 7701(o)(2), or made by this section shall apply to trans- budgetary decision relating to energy secu- ‘‘(B) the transaction fails to meet the re- actions entered into after the date of the en- rity of the United States; quirements of any similar rule of law. actment of this Act. (ii) based on priorities established by the ‘‘(d) RULES APPLICABLE TO COMPROMISE OF SEC. l23. DENIAL OF DEDUCTION FOR INTEREST President, provide to the heads of depart- PENALTY.— ON UNDERPAYMENTS ATTRIB- ments containing agencies or organizations ‘‘(1) IN GENERAL.—If the 1st letter of pro- UTABLE TO NONECONOMIC SUB- within the energy community, and to the posed deficiency which allows the taxpayer STANCE TRANSACTIONS. heads of such agencies and organizations, an opportunity for administrative review in (a) IN GENERAL.—Section 163(m) of the In- guidance for use in developing the budget for the Internal Revenue Service Office of Ap- ternal Revenue Code of 1986 (relating to in- Federal programs relating to energy secu- peals has been sent with respect to a penalty terest on unpaid taxes attributable to non- rity; to which this section applies, only the Com- disclosed reportable transactions) is amend- (iii) based on budget proposals provided to missioner of Internal Revenue may com- ed— the Director by the heads of agencies and or- promise all or any portion of such penalty. (1) by striking ‘‘attributable’’ and all that ganizations described in clause (ii), develop ‘‘(2) APPLICABLE RULES.—The rules of para- follows and inserting the following: ‘‘attrib- and determine an annual consolidated budg- graphs (2) and (3) of section 6707A(d) shall utable to— et for Federal programs relating to energy apply for purposes of paragraph (1). ‘‘(1) the portion of any reportable trans- security; and ‘‘(e) COORDINATION WITH OTHER PEN- action understatement (as defined in section (iv) present the consolidated budget, to- ALTIES.—Except as otherwise provided in this 6662A(b)) with respect to which the require- gether with any recommendations of the Di- part, the penalty imposed by this section ment of section 6664(d)(2)(A) is not met, or rector and any heads of agencies and organi- shall be in addition to any other penalty im- ‘‘(2) any noneconomic substance trans- zations described in clause (ii), to the Presi- posed by this title. action understatement (as defined in section dent for approval; ‘‘(f) CROSS REFERENCES.— 6662B(c)).’’; and (D) establish and meet regularly with a ‘‘(1) For coordination of penalty with un- (2) by inserting ‘‘and noneconomic sub- derstatements under section 6662 and other council of business and labor leaders to de- stance transactions’’ after ‘‘transactions’’. velop and provide to the President and Con- special rules, see section 6662A(e). (b) EFFECTIVE DATE.—The amendments ‘‘(2) For reporting of penalty imposed gress recommendations relating to the im- made by this section shall apply to trans- pact of energy supply and prices on economic under this section to the Securities and Ex- actions after the date of the enactment of change Commission, see section 6707A(e).’’. growth; this Act in taxable years ending after such (E) submit to Congress an annual report (b) COORDINATION WITH OTHER UNDERSTATE- date. MENTS AND PENALTIES.— that describes the progress of the United States toward the goal of achieving full en- (1) The second sentence of section SA 4711. Mr. OBAMA (for himself and 6662(d)(2)(A) of the Internal Revenue Code of ergy independence; and Mr. LUGAR) submitted an amendment (F) carry out such other responsibilities as 1986 is amended by inserting ‘‘and without intended to be proposed by him to the regard to items with respect to which a pen- the President may assign. alty is imposed by section 6662B’’ before the bill S. 3711, to enhance the energy inde- (e) STAFF.— period at the end. pendence and security of the United (1) IN GENERAL.—The Director may, with- (2) Subsection (e) of section 6662A of the In- States by providing for exploration, de- out regard to the civil service laws (includ- ternal Revenue Code of 1986 is amended— velopment, and production activities ing regulations), appoint and terminate such (A) in paragraph (1), by inserting ‘‘and non- for mineral resources in the Gulf of personnel as are necessary to enable the Di- rector to carry out the responsibilities of the economic substance transaction understate- Mexico, and for other purposes; which ments’’ after ‘‘reportable transaction under- Director under this section. was ordered to lie on the table; as fol- (2) COMPENSATION.— statements’’ both places it appears, lows: (B) in paragraph (2)(A), by inserting ‘‘and a (A) IN GENERAL.—Except as provided in noneconomic substance transaction under- At the appropriate place, insert the fol- subparagraph (B), the Director may fix the statement’’ after ‘‘reportable transaction un- lowing: compensation of personnel without regard to derstatement’’, TITLE ll—ALTERNATIVE FUELS the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States (C) in paragraph (2)(B), by inserting ‘‘6662B SEC. ll01. OFFICE OF ENERGY SECURITY. Code, relating to classification of positions or’’ before ‘‘6663’’, (a) DEFINITIONS.—In this section: and General Schedule pay rates. (D) in paragraph (2)(C)(i), by inserting ‘‘or (1) DIRECTOR.—The term ‘‘Director’’ means (B) MAXIMUM RATE OF PAY.—The rate of section 6662B’’ before the period at the end, the Director of Energy Security appointed pay for the personnel appointed by the Direc- (E) in paragraph (2)(C)(ii), by inserting under subsection (c)(1). tor shall not exceed the rate payable for ‘‘and section 6662B’’ after ‘‘This section’’, (2) OFFICE.—The term ‘‘Office’’ means the level V of the Executive Schedule under sec- (F) in paragraph (3), by inserting ‘‘or non- Office of Energy Security established by sub- economic substance transaction understate- tion 5316 of title 5, United States Code. section (b). (f) AUTHORIZATION OF APPROPRIATIONS.— ment’’ after ‘‘reportable transaction under- (b) ESTABLISHMENT.—There is established There are authorized to be appropriated such statement’’, and in the Executive Office of the President the sums as are necessary to carry out this sec- (G) by adding at the end the following new Office of Energy Security. tion. paragraph: (c) DIRECTOR.— SEC. ll02. CREDIT FOR PRODUCTION OF QUALI- ‘‘(3) NONECONOMIC SUBSTANCE TRANSACTION N GENERAL (1) I .—The Office shall be headed FIED FLEXIBLE FUEL MOTOR VEHI- UNDERSTATEMENT.—For purposes of this sub- by a Director, who shall be appointed by the CLES. section, the term ‘noneconomic substance President, by and with the advice and con- (a) IN GENERAL.—Subpart D of part IV of transaction understatement’ has the mean- sent of the Senate. subchapter A of chapter 1 of the Internal ing given such term by section 6662B(c).’’. (2) RATE OF PAY.—The Director shall be Revenue Code of 1986 is amended by adding (3) Subsection (e) of section 6707A of the In- paid at a rate of pay equal to level I of the at the end the following new section: ternal Revenue Code of 1986 is amended— Executive Schedule under section 5312 of ‘‘SEC. 45N. PRODUCTION OF QUALIFIED FLEXI- (A) by striking ‘‘or’’ at the end of subpara- title 5, United States Code. BLE FUEL MOTOR VEHICLES. graph (B), and (d) RESPONSIBILITIES.— ‘‘(a) ALLOWANCE OF CREDIT.—For purposes (B) by striking subparagraph (C) and in- (1) IN GENERAL.—The Office, acting through of section 38, the qualified flexible fuel serting the following new subparagraphs: the Director, shall be responsible for over- motor vehicle production credit determined ‘‘(C) is required to pay a penalty under sec- seeing all Federal energy security programs, under this section for any taxable year is an tion 6662B with respect to any noneconomic including the coordination of efforts of Fed- amount equal to $100 for each qualified flexi- substance transaction, or eral agencies to assist the United States in ble fuel motor vehicle produced in the ‘‘(D) is required to pay a penalty under sec- achieving full energy independence. United States by the manufacturer during tion 6662(h) with respect to any transaction (2) SPECIFIC RESPONSIBILITIES.—In carrying the taxable year. and would (but for section 6662A(e)(2)(C)) out paragraph (1), the Director shall— ‘‘(b) QUALIFIED FLEXIBLE FUEL MOTOR VE- have been subject to penalty under section (A) serve as head of the energy community; HICLE.—For purposes of this section, the 6662A at a rate prescribed under section (B) act as the principal advisor to the term ‘qualified flexible fuel motor vehicle’ 6662A(c) or under section 6662B,’’. President, the National Security Council, means a flexible fuel motor vehicle— (c) CLERICAL AMENDMENT.—The table of the National Economic Council, the Domes- ‘‘(1) the production of which is not required sections for part II of subchapter A of chap- tic Policy Council, and the Homeland Secu- for the manufacturer to meet— ter 68 of the Internal Revenue Code of 1986 is rity Council with respect to intelligence ‘‘(A) the maximum credit allowable for ve- amended by inserting after the item relating matters relating to energy security; hicles described in paragraph (2) in deter- to section 6662A the following new item: (C) with request to budget requests and ap- mining the fleet average fuel economy re- ‘‘Sec. 6662B. Penalty for understatements propriations for Federal programs relating quirements (as determined under section attributable to transactions to energy security— 32904 of title 49, United States Code) of the lacking economic substance, (i) consult with the President and the Di- manufacturer for the model year ending in etc.’’. rector of the Office of Management and the taxable year, or

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.071 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8314 CONGRESSIONAL RECORD — SENATE July 26, 2006

‘‘(B) the requirements of any other provi- amended by striking ‘‘and’’ at the end of ‘‘(e) PASS-THRU IN THE CASE OF ESTATES sion of Federal law, and paragraph (29), by striking the period at the AND TRUSTS.—Under regulations prescribed ‘‘(2) which is designed so that the vehicle is end of paragraph (30) and inserting a comma, by the Secretary, rules similar to the rules propelled by an engine which can use as a and by adding at the end the following new of subsection (d) of section 52 shall apply. fuel a gasoline mixture of which 85 percent paragraph: ‘‘(f) TERMINATION.—This section shall not (or another percentage of not less than 70 ‘‘(31) the qualified flexible fuel motor vehi- apply to any fuel sold at retail after Decem- percent, as the Secretary may determine, by cle production credit determined under sec- ber 31, 2011.’’. rule, to provide for requirements relating to tion 45N, plus’’. cold start, safety, or vehicle functions) of the (e) CLERICAL AMENDMENT.—The table of (b) CREDIT TREATED AS BUSINESS CREDIT.— volume of consists of ethanol. sections for subpart D of part IV of sub- Section 38(b) of the Internal Revenue Code of ‘‘(c) OTHER DEFINITIONS AND SPECIAL chapter A of chapter 1 of the Internal Rev- 1986 (relating to current year business credit) RULES.—For purposes of this section— enue Code of 1986 is amended by adding at (as amended by section 3(d)) is amended by ‘‘(1) MOTOR VEHICLE.—The term ‘motor ve- the end the following new item: adding at the end the following new para- graph: hicle’ has the meaning given such term by ‘‘Sec. 45N. Production of qualified flexible ‘‘(32) the alternative fuel retail sales credit section 30(c)(2). fuel motor vehicles’’. determined under section 40B(a).’’. ‘‘(2) MANUFACTURER.—The term ‘manufac- (f) EFFECTIVE DATE.—The amendments turer’ has the meaning given such term in made by this section shall apply to motor ve- (c) CLERICAL AMENDMENT.—The table of regulations prescribed by the Administrator hicles produced in model years ending after sections for subpart D of part IV of sub- of the Environmental Protection Agency for the date of the enactment of this Act. chapter A of chapter 1 of the Internal Rev- purposes of the administration of title II of SEC. ll03. INCENTIVES FOR THE RETAIL SALE enue Code of 1986 is amended by inserting the Clean Air Act (42 U.S.C. 7521 et seq.). OF ALTERNATIVE FUELS AS MOTOR after the item relating to section 40A the fol- ‘‘(3) REDUCTION IN BASIS.—For purposes of VEHICLE FUEL. lowing new item: this subtitle, if a credit is allowed under this (a) IN GENERAL.—Subpart D of part IV of ‘‘Sec. 40B. Credit for retail sale of alter- section for any expenditure with respect to subchapter A of chapter 1 of the Internal any property, the increase in the basis of native fuels as motor vehicle Revenue Code of 1986 (relating to business re- fuel’’. such property which would (but for this lated credits) is amended by inserting after paragraph) result from such expenditure section 40A the following new section: (d) EFFECTIVE DATE.—The amendments shall be reduced by the amount of the credit ‘‘SEC. 40B. CREDIT FOR RETAIL SALE OF ALTER- made by this section shall apply to fuel sold so allowed. NATIVE FUELS AS MOTOR VEHICLE at retail after the date of enactment of this ‘‘(4) NO DOUBLE BENEFIT.—The amount of FUEL. Act, in taxable years ending after such date. any deduction or credit allowable under this ‘‘(a) GENERAL RULE.—The alternative fuel SEC. ll04. ALTERNATIVE DIESEL FUEL CON- chapter (other than the credits allowable retail sales credit for any taxable year is the TENT OF DIESEL. under this section and section 30B) shall be applicable amount for each gallon of alter- (a) FINDINGS.—Congress finds that— reduced by the amount of credit allowed native fuel sold at retail by the taxpayer (1) section 211(o) of the Clean Air Act (42 under subsection (a) for such vehicle for the during such year. U.S.C. 7535(o)) (as amended by section 1501 of taxable year. ‘‘(b) APPLICABLE AMOUNT.—For purposes of the Energy Policy Act of 2005 (Public Law ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No this section, the applicable amount shall be 109–58)) established a renewable fuel program credit shall be allowed under subsection (a) determined in accordance with the following under which entities in the petroleum sector for any vehicle if the taxpayer elects to not table: have this section apply to such vehicle. are required to blend renewable fuels into ‘‘In the case of any The applicable ‘‘(6) TERMINATION.—This section shall not motor vehicle fuel based on the gasoline sale: amount for each apply to any vehicle produced after Decem- motor pool; gallon is: (2) the need for energy diversification is ber 31, 2010. Before 2009 ...... 35 cents ‘‘(7) CROSS REFERENCE.—For an election to greater as of the date of enactment of this During 2009 or 2010 ...... 20 cents Act than it was only months before the date claim certain minimum tax credits in lieu of During 2011 ...... 10 cents.’’ the credit determined under this section, see of enactment of the Energy Policy Act (Pub- ‘‘(c) DEFINITIONS.—For purposes of this sec- lic Law 109–58; 119 Stat. 594); and section 53(e).’’. tion— (b) CREDIT ALLOWED AGAINST THE ALTER- (3)(A) the renewable fuel program under ‘‘(1) ALTERNATIVE FUEL.—The term ‘alter- NATIVE MINIMUM TAX.—Section 38(c)(4)(B) of section 211(o) of the Clean Air Act requires a native fuel’ means any fuel at least 85 per- the Internal Revenue Code of 1986 (defining small percentage of the gasoline motor pool, specified credits) is amended by striking the cent (or another percentage of not less than totaling nearly 140,000,000,000 gallons, to con- period at the end of clause (ii)(II) and insert- 70 percent, as the Secretary may determine, tain a renewable fuel; and ing ‘‘, and’’, and by adding at the end the fol- by rule, to provide for requirements relating (B) the small percentage requirement de- lowing new clause: to cold start, safety, or vehicle functions) of scribed in subparagraph (A) does not include ‘‘(iii) the credit determined under section the volume of which consists of ethanol. the 40,000,000,000-gallon diesel motor pool. ‘‘(2) SOLD AT RETAIL.— 45N.’’. (b) ALTERNATIVE DIESEL FUEL PROGRAM (c) ELECTION TO USE ADDITIONAL AMT ‘‘(A) IN GENERAL.—The term ‘sold at retail’ means the sale, for a purpose other than re- FOR DIESEL MOTOR POOL.—Section 211 of the CREDIT.—Section 53 of the Internal Revenue Clean Air Act (42 U.S.C. 7545) is amended by Code of 1986 (relating to credit for prior year sale, after manufacture, production, or im- inserting after subsection (o) the following: minimum tax liability) is amended by adding portation. at the end the following new subsection: ‘‘(B) USE TREATED AS SALE.—If any person ‘‘(p) ALTERNATIVE DIESEL FUEL PROGRAM ‘‘(e) ADDITIONAL CREDIT IN LIEU OF FLEXI- uses alternative fuel (including any use after FOR DIESEL MOTOR POOL.— BLE FUEL MOTOR VEHICLE CREDIT.— importation) as a fuel to propel any qualified ‘‘(1) DEFINITION OF ALTERNATIVE DIESEL ‘‘(1) IN GENERAL.—In the case of a taxpayer alternative fuel motor vehicle (as defined in FUEL.— making an election under this subsection for this section) before such fuel is sold at retail, ‘‘(A) IN GENERAL.—In this subsection, the a taxable year, the amount otherwise deter- then such use shall be treated in the same term ‘alternative diesel fuel’ means biodiesel mined under subsection (c) shall be increased manner as if such fuel were sold at retail as (as defined in section 312(f) of the Energy by any amount of the credit determined a fuel to propel such a vehicle by such per- Policy Act of 1992 (42 U.S.C. 13220(f))) and any under section 45N for such taxable year son. blending components derived from alter- which the taxpayer elects not to claim pur- ‘‘(3) QUALIFIED ALTERNATIVE FUEL MOTOR native fuel (provided that only the alter- suant to such election. VEHICLE.—The term ‘new qualified alter- native fuel portion of any such blending ‘‘(2) ELECTION.—A taxpayer may make an native fuel motor vehicle’ means any motor component shall be considered to be part of election for any taxable year not to claim vehicle— the applicable volume under the alternative any amount of the credit allowable under ‘‘(A) which is capable of operating on an al- diesel fuel program established by this sub- section 45N with respect to property pro- ternative fuel, section). duced by the taxpayer during such taxable ‘‘(B) the original use of which commences ‘‘(B) INCLUSIONS.—The term ‘alternative year. An election under this subsection may with the taxpayer, diesel fuel’ includes a diesel fuel substitute only be revoked with the consent of the Sec- ‘‘(C) which is acquired by the taxpayer for produced from— retary. use or lease, but not for resale, and ‘‘(i) animal fat; ‘‘(3) CREDIT REFUNDABLE.—The aggregate ‘‘(D) which is made by a manufacturer. ‘‘(ii) vegetable oil; increase in the credit allowed by this section ‘‘(d) ELECTION TO PASS CREDIT.—A person ‘‘(iii) recycled yellow grease; for any taxable year by reason of this sub- which sells alternative fuel at retail may ‘‘(iv) thermal depolymerization; section shall for purposes of this title (other elect to pass the credit allowable under this ‘‘(v) thermochemical conversion; than subsection (b)(2) of this section) be section to the purchaser of such fuel or, in ‘‘(vi) the coal-to-liquid process (including treated as a credit allowed to the taxpayer the event the purchaser is a tax-exempt enti- the Fischer-Tropsch process); or under subpart C.’’. ty or otherwise declines to accept such cred- ‘‘(vii) a diesel-ethanol blend of not less (d) CONFORMING AMENDMENTS.—Section it, to the person which supplied such fuel, than 7 percent ethanol. 38(b) of the Internal Revenue Code of 1986 is under rules established by the Secretary. ‘‘(2) ALTERNATIVE DIESEL FUEL PROGRAM.—

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.077 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8315

‘‘(A) REGULATIONS.— Administrator of the Energy Information ‘‘(ii) there is an inadequate domestic sup- ‘‘(i) IN GENERAL.—Not later than 1 year Administration shall provide to the Adminis- ply of alternative diesel fuel. after the date of enactment of this sub- trator an estimate, with respect to the fol- ‘‘(B) PETITIONS FOR WAIVERS.—Not later section, the Administrator shall promulgate lowing calendar year, of the volumes of die- than 90 days after the date on which the Ad- regulations to ensure that diesel sold or in- sel projected to be sold or introduced into ministrator receives a petition under sub- troduced into commerce in the United States commerce in the United States. paragraph (A), the Administrator, in con- (except in noncontiguous States or terri- ‘‘(B) DETERMINATION OF APPLICABLE PER- sultation with the Secretary of Agriculture tories), on an annual average basis, contains CENTAGES.— and the Secretary of Energy, shall approve the applicable volume of alternative diesel ‘‘(i) IN GENERAL.—Not later than November or disapprove the petition. fuel determined in accordance with subpara- 30 of each of calendar years 2008 through 2015, ‘‘(C) TERMINATION OF WAIVERS.— graph (B). based on the estimate provided under sub- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(ii) PROVISIONS OF REGULATIONS.—Regard- paragraph (A), the Administrator shall de- clause (ii), a waiver under subparagraph (A) less of the date of promulgation, the regula- termine and publish in the Federal Register, shall terminate on the date that is 1 year tions promulgated under clause (i)— with respect to the following calendar year, after the date on which the waiver is pro- ‘‘(I) shall contain compliance provisions the alternative diesel fuel obligation that vided. applicable to refineries, blenders, distribu- ensures that the requirements of paragraph ‘‘(ii) EXCEPTION.—The Administrator, in tors, and importers, as appropriate, to en- (2) are met. consultation with the Secretary of Agri- sure that the requirements of this paragraph ‘‘(ii) REQUIRED ELEMENTS.—The alternative culture and the Secretary of Energy, may ex- are met; but diesel fuel obligation determined for a cal- tend a waiver under subparagraph (A), as the ‘‘(II) shall not— endar year under clause (i) shall— Administrator determines to be appro- ‘‘(aa) restrict geographic areas in which al- ‘‘(I) be applicable to refineries, blenders, priate.’’. and importers, as appropriate; ternative diesel fuel may be used; or (c) PENALTIES AND ENFORCEMENT.—Section ‘‘(bb) impose any per-gallon obligation for ‘‘(II) be expressed in terms of a volume per- 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) the use of alternative diesel fuel. centage of diesel sold or introduced into is amended— commerce in the United States; and ‘‘(iii) REQUIREMENT IN CASE OF FAILURE TO (1) in paragraph (1), by striking ‘‘or (o)’’ ‘‘(III) subject to subparagraph (C), consist PROMULGATE REGULATIONS.—If the Adminis- each place it appears and inserting ‘‘(o), or of a single applicable percentage that applies trator fails to promulgate regulations under (p)’’; and to all categories of persons described in sub- clause (i), the percentage of alternative die- (2) in paragraph (2), by striking ‘‘and (o)’’ clause (I). sel fuel in the diesel motor pool sold or dis- each place it appears and inserting ‘‘(o), and ‘‘(C) ADJUSTMENTS.—In determining the pensed to consumers in the United States, on (p)’’. applicable percentage for a calendar year, a volume basis, shall be 0.6 percent for cal- (d) TECHNICAL AMENDMENTS.—Section 211 endar year 2008. the Administrator shall make adjustments to prevent the imposition of redundant obli- of the Clean Air Act (42 U.S.C. 7545) is ‘‘(B) APPLICABLE VOLUME.— gations on any person described in subpara- amended— ‘‘(i) CALENDAR YEARS 2008 THROUGH 2015.— (1) in subsection (i)(4), by striking ‘‘section For the purpose of subparagraph (A), the ap- graph (B)(ii)(I). REDIT PROGRAM.— 324’’ each place it appears and inserting ‘‘sec- plicable volume for any of calendar years ‘‘(4) C ‘‘(A) IN GENERAL.—The regulations promul- tion 325’’; 2008 through 2015 shall be determined in ac- gated pursuant to paragraph (2)(A) shall pro- (2) in subsection (k)(10), by indenting sub- cordance with the following table: vide for the generation of an appropriate paragraphs (E) and (F) appropriately; ‘‘Applicable volume Calendar year: amount of credits by any person that refines, (3) in subsection (n), by striking ‘‘section of Alternative die- blends, or imports diesel that contains a 219(2)’’ and inserting ‘‘section 216(2)’’; sel fuel in diesel quantity of alternative diesel fuel that is (4) by redesignating the second subsection motor pool (in mil- greater than the quantity required under (r) and subsection (s) as subsections (s) and lions of gallons): paragraph (2). (t), respectively; and 250 ...... 2008 ‘‘(B) USE OF CREDITS.—A person that gen- (5) in subsection (t)(1) (as redesignated by 500 ...... 2009 erates a credit under subparagraph (A) may paragraph (4)), by striking ‘‘this subtitle’’ 750 ...... 2010 use the credit, or transfer all or a portion of and inserting ‘‘this part’’. 1,000 ...... 2011 the credit to another person, for the purpose SEC. ll05. EXCISE TAX CREDIT FOR CEL- 1,250 ...... 2012 of complying with regulations promulgated LULOSIC BIOMASS ETHANOL. 1,500 ...... 2013 pursuant to paragraph (2). (a) IN GENERAL.—Paragraph (2) of section 1,750 ...... 2014 ‘‘(C) DURATION OF CREDITS.—A credit gen- 6426(b) of the Internal Revenue Code of 1986 2,000 ...... 2015. erated under this paragraph shall be valid (relating to alcohol fuel mixture credit) is ‘‘(ii) CALENDAR YEAR 2016 AND THERE- during the 1-year period beginning on the amended by adding at the end the following AFTER.—The applicable volume for calendar date on which the credit is generated. new subparagraph: year 2016 and each calendar year thereafter ‘‘(D) INABILITY TO GENERATE OR PURCHASE ‘‘(C) CELLULOSIC BIOMASS ETHANOL.—In the shall be determined by the Administrator, in SUFFICIENT CREDITS.—The regulations pro- case of an alcohol fuel mixture consisting of coordination with the Secretary of Agri- mulgated pursuant to paragraph (2)(A) shall cellulosic biomass ethanol (as defined in sec- culture and the Secretary of Energy, based include provisions allowing any person that tion 211(o)(1)(A) of the Clean Air Act), the on a review of the implementation of the is unable to generate or purchase sufficient applicable amount is equal to the product program during calendar years 2008 through credits under subparagraph (A) to meet the of— 2015, including a review of— requirements of paragraph (2) by carrying ‘‘(i) the amount specified in subparagraph ‘‘(I) the impact of the use of alternative forward a credit generated during a previous (A), times diesel fuels on the environment, air quality, year on the condition that the person, during ‘‘(ii) the equivalent number of gallons of energy security, job creation, and rural eco- the calendar year following the year in renewable fuel specified in section 211(o)(4) of nomic development; and which the alternative diesel fuel deficit is such Act.’’. ‘‘(II) the expected annual rate of future created— production of alternative diesel fuels to be ‘‘(i) achieves compliance with the alter- (b) CONFORMING AMENDMENT.—Section used as a blend component or replacement to native diesel fuel requirement under para- 6426(b)(2)(A) of such Code is amended by the diesel motor pool. graph (2); and striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’. ‘‘(iii) MINIMUM APPLICABLE VOLUME.—For ‘‘(ii) generates or purchases additional the purpose of subparagraph (A), the applica- credits under subparagraph (A) to offset the (c) EFFECTIVE DATE.—The amendments ble volume for calendar year 2016 and each deficit of the previous year. made by this section shall apply to fuel sold calendar year thereafter shall be equal to the ‘‘(5) WAIVERS.— or used after the date of the enactment of product obtained by multiplying— ‘‘(A) IN GENERAL.—The Administrator, in this Act. ‘‘(I) the number of gallons of diesel that consultation with the Secretary of Agri- SEC. ll06. INCENTIVE FOR FEDERAL AND STATE the Administrator estimates will be sold or culture and the Secretary of Energy, may FLEETS FOR MEDIUM AND HEAVY introduced into commerce during the cal- waive the requirements of paragraph (2) in DUTY HYBRIDS. endar year; and whole or in part on receipt of a petition of 1 Section 301 of the Energy Policy Act of ‘‘(II) the ratio that— or more States by reducing the national 1992 (42 U.S.C. 13211) is amended— ‘‘(aa) 2,000,000,000 gallons of alternative quantity of alternative diesel fuel for the (1) in paragraph (3), by striking ‘‘or a dual diesel fuel; bears to diesel motor pool required under paragraph fueled vehicle’’ and inserting ‘‘, a dual fueled ‘‘(bb) the number of gallons of diesel sold (2) based on a determination by the Adminis- vehicle, or a medium or heavy duty vehicle or introduced into commerce during cal- trator, after public notice and opportunity that is a hybrid vehicle’’; endar year 2015. for comment, that— (2) by redesignating paragraphs (11), (12), ‘‘(3) APPLICABLE PERCENTAGES.— ‘‘(i) implementation of the requirement (13), and (14) as paragraphs (12), (14), (15), and ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF would severely harm the economy or envi- (16), respectively; DIESEL SALES.—Not later than October 31 of ronment of a State, a region, or the United (3) by inserting after paragraph (10) the fol- each of calendar years 2007 through 2015, the States; or lowing:

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.077 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8316 CONGRESSIONAL RECORD — SENATE July 26, 2006 ‘‘(11) the term ‘hybrid vehicle’ means a ve- ‘‘(E) electricity (including a hybrid electric of alternative transportation fuels having hicle powered both by a diesel or gasoline en- or plug-in hybrid electric vehicle); applications for the Department of Defense, gine and an electric motor that is recharged ‘‘(F) a fuel cell; or with not less than one of such facilities uti- as the vehicle operates;’’; and ‘‘(G) ultra-low sulfur diesel; and lizing coal resources with a ranking by the (4) by inserting after paragraph (12) (as re- ‘‘(2) has been certified by the Adminis- American Society for Testing and Materials designated by paragraph (2)) the following: trator of the Environmental Protection of high volatile bituminous B and C. ‘‘(13) the term ‘medium or heavy duty vehi- Agency to significantly reduce harmful (2) LOCATION OF FACILITIES.—The facilities cle’ means a vehicle that— emissions, particularly in a nonattainment constructed under paragraph (1) for the pur- ‘‘(A) in the case of a medium duty vehicle, area (as defined in section 171 of the Clean poses of cellulosic biomass shall— has a gross vehicle weight rating of more Air Act (42 U.S.C. 7501)). (A) afford the efficient use of a diverse than 8,500 pounds but not more than 14,000 ‘‘(b) PURCHASE OF BUSES.—A bus purchased range of fuel sources; and pounds; and using funds made available from the Mass (B) give initial preference to existing do- ‘‘(B) in the case of a heavy duty vehicle, Transit Account of the Highway Trust Fund mestic facilities with current or potential has a gross vehicle weight rating of more shall be a clean fuel bus.’’. capacity for cellulose or coal conversion. than 14,000 pounds;’’. (b) CONFORMING AMENDMENT.—The analysis (3) CAPACITY OF FACILITIES.—Each facility SEC. ll07. PUBLIC ACCESS TO FEDERAL ALTER- for chapter 53 is amended by inserting after constructed under paragraph (1) shall have NATIVE REFUELING STATIONS. the item relating to section 5325 the fol- the flexibility for producing commercial vol- (a) DEFINITIONS.—In this section: lowing: umes of alternative transportation fuels (1) ALTERNATIVE FUEL REFUELING STA- ‘‘5326. Clean fuel buses’’. such that when the facility demonstrates TION.—The term ‘‘alternative fuel refueling economic viability of the process it can pro- SEC. ll09. DOMESTIC FUELS INFRASTRUCTURE station’’ has the meaning given the term vide commercial production for the region in ‘‘qualified alternative fuel vehicle refueling FOR THE DEPARTMENT OF DE- FENSE. which it is located. property’’ in section 30C(c)(1) of the Internal (4) AUTHORITY TO ENTER INTO TRANSACTIONS Revenue Code of 1986. (a) PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to evalu- FOR FACILITY CONSTRUCTION.—The Secretary (2) SECRETARY.—The term ‘‘Secretary’’ ate the commercial and technical viability of Defense shall seek to construct the facili- means the Secretary of Energy. ties required by paragraph (1) at the lowest (b) ACCESS TO FEDERAL ALTERNATIVE RE- of advanced technologies for the production cost practicable. The Secretary may make FUELING STATIONS.—Not later than 18 of alternative transportation fuels having grants, enter into agreements, and provide months after the date of enactment of this applications for the Department of Defense. loans or loan guarantees to corporations, co- Act— The program shall include the construction operatives, and consortia of such entities for (1) except as provided in subsection (d)(1), and operation of testing facilities in accord- such purposes. any Federal property that includes at least 1 ance with subsection (d). fuel refueling station shall include at least 1 (b) ALTERNATIVE TRANSPORTATION FUELS (5) EVALUATIONS AT FACILITIES.—Not later alternative fuel refueling station; and DEFINED.—For purposes of this section, the than 5 years after the date of enactment of (2) except as provided in subsection (d)(2), term ‘‘alternative transportation fuels’’ this Act, the Secretary of Defense shall any alternative fuel refueling station located means— begin at the facilities described in paragraph on property owned by the Federal govern- (1) denatured ethanol and other alcohols; (1) evaluations of the technical and commer- ment shall permit full public access for the (2) mixtures containing at least 85 percent cial viability of different processes of pro- purpose of refueling using alternative fuel. (or another percentage of not less than 70 ducing alternative transportation fuels hav- (c) DURATION.—The requirements described percent, as the Secretary may determine, by ing Department of Defense applications from in subsection (b) shall remain in effect until rule, to provide for requirements relating to cellulosic biomass or coal. the sooner of— cold start, safety, or vehicle functions) by (e) PROGRAM MILESTONES.—In carrying out (1) the date that is 7 years after the date of volume of denatured ethanol, particularly the program required by this section, the enactment of this Act; or ethanols derived from cellulosic biomass; Secretary of Defense shall meet the fol- (2) the date on which the Secretary deter- (3) coal-derived liquid fuels, including lowing milestones: mines that not less than 5 percent of the Fischer-Tropsch fuels; (1) SELECTION OF TESTING PROCESSES.—Not commercial refueling infrastructure in the (4) fuels (other than alcohol) derived from later than 180 days after the date of enact- United States offers alternative fuels to the biological materials, including fuels derived ment of this Act, the Secretary shall select general public. from vegetable oils, animal fats, thermal processes for evaluating the technical and (d) EXCEPTIONS.— depolymerization, or thermalchemical con- commercial viability of producing alter- (1) WAIVER.—Subsection (b)(1) shall not version; and native fuels from cellulosic biomass or coal. apply to any Federal property under the ju- (5) any other fuel the Secretary deter- (2) INITIATION OF WORK AT EXISTING FACILI- risdiction of a Federal agency if the Sec- mines, by rule, is substantially not petro- TIES.—Not later than one year after the date retary determines that alternative fuel is leum and would yield substantial energy se- of enactment of this Act, the Secretary shall not reasonably available to retail purchasers curity benefits and substantial environ- enter into agreements to carry out testing of the fuel, as certified by the head of the mental benefits. under this section at existing facilities. agency to the Secretary. (c) COORDINATION OF EFFORTS.— (3) CONSTRUCTION AGREEMENTS.—Not later (2) NATIONAL SECURITY EXEMPTION.—Sub- (1) IN GENERAL.—The Secretary of Defense than one year after the date of enactment of section (b)(2) does not apply to property of shall carry out the program required by this this Act, the Secretary shall enter into the Federal government that the Secretary, section through the Under Secretary of De- agreements for the capital modification or in consultation with the Secretary of De- fense for Acquisition, Technology, and Logis- construction of facilities under subsection fense, has certified must be exempt for na- tics and in consultation with the Director of (d)(1). tional security reasons. Defense Research and Engineering, the Ad- (4) COMPLETION OF ENGINEERING AND DESIGN (e) VERIFICATION OF COMPLIANCE.—The Sec- vanced Systems and Concepts Office, the WORK.—Not later than three years after the retary shall— Secretary of Agriculture, and the Secretary date of enactment of this Act, the Secretary (1) monitor compliance with this section of Energy. shall complete capital modifications of exist- by all Federal agencies; and (2) ROLE OF BIOMASS RESEARCH AND DEVEL- ing facilities and the engineering and design (2) annually submit to Congress a report OPMENT TECHNOLOGIC ADVISORY COMMITTEE.— work necessary for the construction of new describing the extent of compliance with The consultations under paragraph (1) shall facilities under this section. this section. include the participation of the Biomass Re- (f) REPORT ON PROGRAM.—Not later than 18 SEC. ll08. PURCHASE OF CLEAN FUEL BUSES. search and Development Technical Advisory months after the date of enactment of this (a) IN GENERAL.—Chapter 53 of title 49, Committee established under section 306 of Act, and annually thereafter for the next 5 United States Code, is amended by inserting the Biomass Research and Development Act years, the Secretary of Defense shall, in con- after section 5325 the following: of 2000 (title III of Public Law 106–224; 7 sultation with the Under Secretary of De- ‘‘§ 5326. Purchase of clean fuel buses U.S.C. 8101 note). fense for Acquisition, Technology, and Logis- ‘‘(a) DEFINITION OF CLEAN FUEL BUS.—In (d) FACILITIES FOR EVALUATING PRODUCTION tics, submit a report on the implementation this section, the term ‘clean fuel bus’ means OF ALTERNATIVE TRANSPORTATION FUELS.— and results of the program required by this a vehicle that— (1) IN GENERAL.—In carrying out the pro- section to— ‘‘(1) is capable of being powered by— gram required by this section, the Secretary (1) the Committees on Armed Services, En- ‘‘(A) compressed natural gas; of Defense shall provide for the construction ergy and Natural Resources, Agriculture, ‘‘(B) liquefied natural gas; or capital modification of— and Appropriations of the Senate; and ‘‘(C) 1 or more batteries; (A) not more than 3 facilities for the pur- (2) the Committees on Armed Services, En- ‘‘(D) a fuel that is composed of at least 85 poses of evaluating the production from cel- ergy and Commerce, Agriculture, and Appro- percent ethanol (or another percentage of lulosic biomass of alternative transportation priations of the House of Representatives. not less than 70 percent, as the Secretary fuels having applications for the Department (g) FUNDING.— may determine, by rule, to provide for re- of Defense; and (1) IN GENERAL.—Of the amounts author- quirements relating to cold start, safety, or (B) not more than 3 facilities for the pur- ized to be appropriated under this section, vehicle functions); poses of evaluating the production from coal $250,000,000 may be available for the program

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.077 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8317 required by this section for fiscal years 2007 Bradbury, Acting Assistant Attorney There being no objection, the Senate through 2012. General, Office of Legal Counsel, De- proceeded to consider the bill. (2) AVAILABILITY.—Amounts available partment of Justice, Washington, DC. Mr. MCCAIN. Mr. President, today under paragraph (1) shall remain available Panel II: Bryan Cunningham, Part- until expended. the Senate will pass S. 3549, the For- ner, Morgan & Cunningham LLC, Den- eign Investment and National Security f ver, CO; Jim Dempsey, Policy Director, Act of 2006. While I have reservations AUTHORITY FOR COMMITTEES TO Center for Democracy & Technology, over the legislation as currently draft- MEET Washington, DC; John Schmidt, Part- ed, I have agreed to allow the bill to COMMITTEE ON AGRICULTURE, NUTRITION, AND ner, Mayer, Brown, Rowe & Maw LLP, proceed to conference, given the assur- FORESTRY Chicago, IL; Mary DeRosa, Senior Fel- ances by the Chairman of the Senate Mr. MCCONNELL. Mr. President, I low, Johns Hopkins Center for Stra- Banking Committee, Senator SHELBY, ask unanimous consent that the Com- tegic and International Studies, Tech- that he will work to address the con- mittee on Agriculture, Nutrition and nology and Public Policy Program, cerns that I have raised. Forestry be authorized to conduct a Washington, DC. The Committee on Foreign Invest- hearing during the session of the Sen- The PRESIDING OFFICER. Without ment in the United States—known as ate on July 26, 2006, at 9:30 a.m. In SR– objection, it is so ordered. CFIUS—was established 30 years ago to 328A, Russell Senate Office Building. SELECT COMMITTEE ON INTELLIGENCE placate concerns in Congress over in- The purpose of this committee hearing Mr. MCCONNELL. Mr. President, I vestments by Middle Eastern countries will be to consider the following nomi- ask unanimous consent that the Select in American assets. Three decades nations: Nancy Johner to be under Sec- Committee on Intelligence be author- later, it is once again concern over the retary of Agriculture for Food, Nutri- ized to meet during the session of the Middle East that is driving Congress to tion, and Consumer Services for the Senate on July 26, 2006, at 10 a.m. to overhaul the CFIUS process. This time, Department of Agriculture and to be a hold a closed meeting. the outrage has revolved around the Member of the Board of Directors of The PRESIDING OFFICER. Without proposed acquisition of port terminal the Commodity Credit Corporation; objection, it is so ordered. operations in the U.S. by Dubai Ports Bruce Knight to be under Secretary of SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT World, a corporation owned by the gov- Agriculture for Marketing and Regu- MANAGEMENT, THE FEDERAL WORKFORCE, ernment of Dubai, one of the seven AND THE DISTRICT OF COLUMBIA latory Programs for the Department of emirates that make up the United Arab Mr. MCCONNELL. Mr. President, I Agriculture and to be a Member of the Emirates. ask unanimous consent that the Com- Board of Directors of the Commodity In the war on terror, the UAE has mittee on Homeland Security and Gov- Credit Corporation; Margo McKay to be provided American and Coalition mili- ernmental Affairs’ Subcommittee on an Assistant Secretary of Agriculture tary forces unprecedented access to its Oversight of Government Management, for Civil Rights for the Department of ports and territory, overflight clear- the Federal Workforce and the District Agriculture; and Michael Dunn to be a ances, and other critical and important of Columbia be authorized to meet on Commissioner of the Commodity Fu- logistical assistance. The UAE has Wednesday, July 26, 2006, at 3:30 p.m. tures Trading Commission. played host to over 700 U.S. Navy ships for a hearing entitled, STOP!: A The PRESIDING OFFICER. Without at its ports, including the Port of Jebel Progress Report on Protecting and En- objection, it is so ordered. Ali—which is managed by Dubai Ports forcing Intellectual Property Rights COMMITTEE ON FINANCE World—and to the Air Force at al Here and Abroad. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without Dhafra Air Base. The country also ask unanimous consent that the Com- objection, it is so ordered. hosts the UAE Air Warfare Center, the mittee on Finance be authorized to leading fighter training center in the f meet during the session on Wednesday, Middle East. The UAE has worked with July 26, 2006, at 2 p.m., in 215 Dirksen PRIVILEGES OF THE FLOOR us to stop terrorist financing and Senate Office Building, to hear testi- Mr. BINGAMAN. On behalf of Sen- money laundering. Moreover, Dubai mony on ‘‘A Closer Look at the Size ator BAUCUS, I ask unanimous consent was the first Middle Eastern entity to and Sources of the Tax Gap.’’ that John Schiltz and Tara Rose, in- join the Container Security Initiative The PRESIDING OFFICER. Without terns with the Committee on Finance, and the Department of Energy’s objection, it is so ordered. be granted floor privileges for the con- Megaports Initiative, a program aimed COMMITTEE ON FOREIGN RELATIONS sideration of this Energy bill. at stopping illicit shipments of nuclear Mr. MCCONNELL. Mr. President, I The ACTING PRESIDENT pro tem- and other radioactive material. But all ask unanimous consent that the Com- pore. Without objection, it is so or- of these details seem to have been lost mittee on Foreign Relations be author- dered. in the rush to stop a corporate trans- ized to meet during the session of the Mr. BINGAMAN. I ask unanimous action with a key ally in the war on Senate on Wednesday, July 26, 2006, at consent Lauren Guidice and Marcus terror. 2:30 p.m. to hold a nominations hear- Williams, interns with the Energy and Mr. President, there are at least two ing. Natural Resources Committee staff, be details in S. 3549 that cannot be ig- The PRESIDING OFFICER. Without granted floor privileges during the re- nored because they will not help pro- objection, it is so ordered. mainder of the debate. tect our homeland. Instead, they will COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without only harm America’s economy, the Mr. MCCONNELL. Mr. President, I objection, it is so ordered. strength of which is critical to our na- ask unanimous consent that the Sen- f tional security. ate Committee on the Judiciary be au- FOREIGN INVESTMENT AND One provision that I believe merits thorized to meet to conduct a hearing NATIONAL SECURITY ACT OF 2006 closer scrutiny would require CFIUS to on ‘‘FISA for the 21st Century’’ on notify several congressional commit- Mr. SHELBY. Mr. President, I ask Wednesday, July 26, 2006, at 9 a.m. in tees, as well as individual members of unanimous consent that the Senate Dirksen Senate Office Building Room Congress, of each and every trans- proceed to the immediate consider- 226. action submitted to CFIUS’s review. ation of Calendar No. 474, S. 3549. This notification would be required Witness list The PRESIDING OFFICER. The well before CFIUS made any deter- clerk will report the bill by title. Panel I: LTG Michael V. Hayden, Di- mination about the national security The bill clerk read as follows: rector of Central Intelligence Agency, implications, if any, of the proposed Office of the Director of National Intel- A bill (S. 3549) to amend the Defense Pro- transaction. duction Act of 1950, to strengthen Govern- ligence, Langley, VA; LTG Keith B. Al- ment review and oversight of foreign invest- On its face, this provision would ap- exander, Director of the National Secu- ment in the United States, to provide for en- pear to be a reasonable effort to rity Agency, Chief of the Central Secu- hanced Congressional oversight with respect achieve transparency and account- rity Service, Washington, DC; Steven thereto, and for other purposes. ability in the CFIUS process. However,

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.077 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8318 CONGRESSIONAL RECORD — SENATE July 26, 2006 if this provision were enacted, a proc- On page 3, line 24, strike ‘‘entity’’ and in- On page 28, line 5, strike ‘‘(5)’’ and insert ess that is meant to be a sober analysis sert ‘‘person’’. ‘‘(6)’’. of the national security implications of On page 4, beginning on line 19, strike ‘‘ad- On page 28, line 11, strike ‘‘(6)’’ and insert a transaction would become a politi- ditional assurances’’ and insert ‘‘assurances ‘‘(7)’’. provided or renewed with the approval of On page 28, line 14, strike ‘‘(7)’’ and insert cally charged debacle. What other goal CFIUS’’. ‘‘(8)’’. would be accomplished by providing On page 4, line 22, strike ‘‘and’’ and insert The bill (S. 3549), as amended, was or- notice to the members of Congress ‘‘or’’. dered to be engrossed for a third read- whose States and districts are im- On page 5, line 2, insert before the period ing, was read the third time, and the following: ‘‘, and the issues that could re- pacted by the transaction before any passed, as follows: determination is made by CFIUS? The sult in an impairment to national security S. 3549 politicization of the CFIUS review are not resolved through negotiation of as- process would discourage transactions surances between one or more members of Be it enacted by the Senate and House of Rep- CFIUS and the entities involved in the trans- that might be reviewed by CFIUS for resentatives of the United States of America in action’’. Congress assembled, fear of financial or reputational harm. On page 5, strike line 22 and all that fol- SECTION 1. SHORT TITLE. This, in turn, could reduce foreign di- lows through page 6, line 6 and insert the fol- This Act may be cited as the ‘‘Foreign In- rect investment or impose a risk pre- lowing: vestment and National Security Act of 2006’’. ‘‘ ‘(4) MONITORING OF WITHDRAWN TRANS- mium on such investment that would SEC. 2. AMENDMENTS TO THE DEFENSE PRODUC- be detrimental to U.S. businesses seek- ACTIONS.—If the notification or filing with TION ACT OF 1950. ing investment capital. respect to a proposed transaction is with- Section 721 of the Defense Production Act A second provision that I believe drawn or rescinded, CFIUS shall continue to of 1950 (50 U.S.C. App. 2170) is amended to needs further clarification would re- monitor such transaction, unless the trans- read as follows: action is terminated by agreement of the quire CFIUS to investigate a proposed parties to the transaction. If CFIUS has rea- ‘‘SEC. 721. REVIEW AND INVESTIGATION OF transaction whenever the matter in- TRANSACTIONS INVOLVING FOR- son to believe that the proposed transaction EIGN PERSONS AND GOVERNMENTS. volves ‘‘any possible impairment to na- has not been so terminated, CFIUS shall ini- ‘‘(a) REVIEW OF TRANSACTIONS INVOLVING tional security’’ resulting from the ac- tiate a review or investigation under this FOREIGN PERSONS AND GOVERNMENTS.— section if the parties do not resubmit the no- quisition of critical infrastructure or ‘‘(1) REVIEWS REQUIRED.— tification or filing within an appropriate pe- ‘‘the possibility of an impairment to ‘‘(A) IN GENERAL.—CFIUS shall review any national security’’ arising out of any riod of time.’’. transaction proposed or pending on or after transaction reviewed by CFIUS. Under On page 6, strike lines 7 through 23 and in- the date of enactment of this section by, sert the following: with, or on behalf of a foreign person or for- these standards, many transactions ANDATORY NOTIFICATION RELATED TO ‘‘ ‘(5) M eign government which could result in for- that pose negligible or no risk to na- CERTAIN TRANSACTIONS AFFECTING NATIONAL eign control of a person engaged in inter- tional security will nonetheless be SECURITY.—The chairperson and vice chair- state commerce in the United States, for person of CFIUS shall, not later than 90 days forced into an extended 45-day inves- which a review is requested, in the manner after the date of enactment of the Foreign tigation in addition to the initial 30- prescribed by regulations promulgated under Investment and National Security Act of day review period. According to the De- this section. 2006, issue rules, including the imposition of partment of Treasury, these standards ‘‘(B) PURPOSES.—The purpose of such re- will lead to a significant increase in appropriate penalties for failure to comply view shall be to determine the effect on na- with this paragraph, that require each per- tional security of such transaction, whether the number of investigations conducted son controlled by or acting on behalf of a for- by CFIUS. I strongly support a full and an investigation of such transaction is re- eign government to notify the chairperson of quired under subsection (b), or both. fair review of each transaction sub- CFIUS in writing of any proposed trans- ‘‘(2) TIMING OF REVIEWS.— mitted to CFIUS, and I believe that a action involving such person and United ‘‘(A) IN GENERAL.—A review of a proposed transaction that poses a risk to our na- States critical infrastructure relating to or pending transaction described in para- tional security should not be approved, United States national security.’’. graph (1) shall be completed not later than 30 On page 8, line 17, strike ‘‘(or longer)’’. but that is not what the mandatory 45- days after the date of receipt by CFIUS of a On page 9, line 3, strike ‘‘AND CLASSIFICA- written request for review by a person in- day investigation provisions would ac- TIONS’’. volved in the transaction, or by one or more complish. In my view, it would be bet- On page 9, line 15, strike ‘‘and classifying’’. ter to use CFIUS resources to inves- On page 10, line 17, strike ‘‘and classifica- members of CFIUS, of the proposed or pend- tigate transactions that raise genuine tion’’. ing transaction, as prescribed by regulations On page 15, line 1, strike ‘‘ranking’’ and in- promulgated in accordance with paragraph national security concerns. (1)(A). I appreciate the interest of Senator sert ‘‘assessments’’. On page 16, line 5, strike ‘‘ADDITIONAL’’. ‘‘(B) EXTENSIONS UPON REQUEST.—Upon SHELBY and others to modify the On page 17, line 6, insert ‘‘of CFIUS’’ after written request by the Secretary, Deputy CFIUS process, and I certainly do not ‘‘vice chairperson’’. Secretary, or Under Secretary, or the equiv- doubt the sincerity of their desire to On page 19, line 12, strike ‘‘transaction’’ alent thereof, of one or more of the agencies protect our Nation from threats and all that follows through line 16 and in- that make up CFIUS (including any agency abroad. That is why I am confident sert ‘‘transaction; and’’. described in subsection (c)(4)(I)) for addi- that my concerns with the legislation On page 20, line 3, insert ‘‘does or’’ before tional time to review a case, the 30-day pe- will be addressed in conference. If they ‘‘does not’’. riod described in subparagraph (A) shall be extended by not longer than an additional 30 are not, then I will be forced to object On page 23, strike lines 21 through 24. On page 24, line 1, strike ‘‘(vi)’’ and insert days, if the Secretary, Deputy Secretary, or to the conference report. ‘‘(v)’’. Under Secretary, or the equivalent thereof, Mr. SHELBY. Mr. President, I ask On page 24, line 10, strike ‘‘(vii)’’ and insert concludes that there is credible evidence to unanimous consent that the amend- ‘‘(vi)’’ believe that if permitted to proceed with the ment at the desk be agreed to, the bill, On page 24, line 17, strike ‘‘(vii)’’ and insert transaction, the foreign acquiring person as amended, be read a third time and ‘‘(vii)’’. may take action that threatens to impair passed, the motion to reconsider be On page 27, line 4, strike ‘‘the term’’ and the national security. laid upon the table, and that any state- insert the following: ‘‘the term ‘assurances’ ‘‘(b) INVESTIGATIONS OF CERTAIN TRANS- ments relating to the bill be printed in means any term, understanding, commit- ACTIONS.— ment, agreement, or limitation, however de- ‘‘(1) IN GENERAL.—CFIUS shall undertake the RECORD. scribed, that relates to ameliorating in any an investigation to determine the effects on The PRESIDING OFFICER. Without way the potential effect of a transaction on national security of any transaction de- objection, it is so ordered. the national security; scribed in subsection (a)(1) proposed or pend- The amendment (No. 4703) was agreed ‘‘(2) the term’’. ing on or after the date of enactment of this to, as follows: On page 27, line 12, strike ‘‘(2)’’ and insert section— On page 3, line 8, strike ‘‘written notifica- ‘‘(3)’’. ‘‘(A) which would— tion’’ and insert the following: ‘‘a written re- On page 27, line 19, strike ‘‘(3)’’ and insert ‘‘(i) result in control of any person engaged quest for review by a person involved in the ‘‘(4)’’. in interstate commerce in the United States transaction, or by one or more members of On page 27, line 22, strike ‘‘(4)’’ and insert by a foreign government, or a person acting CFIUS,’’. ‘‘(5)’’. by, with, or on behalf of a foreign govern- On page 3, line 10, strike ‘‘under this sec- On page 27, line 25, strike the period and ment; or tion’’ and insert ‘‘in accordance with para- all that follows through ‘‘The term includes’’ ‘‘(ii) result in control of any critical infra- graph (1)(A)’’. on page 28, line 1 and insert ‘‘, and includes’’. structure of or within the United States by,

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.055 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8319 with, or on behalf of any foreign person, if ‘‘(G) the Director of the Office of Manage- form no official functions other than as CFIUS determines that any possible impair- ment and Budget; CFIUS staff. ment to national security has not been miti- ‘‘(H) the Director of National Intelligence; ‘‘(d) ACTION BY THE PRESIDENT.— gated by assurances provided or renewed and ‘‘(1) IN GENERAL.—Subject to subsection (e), with the approval of CFIUS, as described in ‘‘(I) the heads of those other executive de- the President may take such action for such subsection (i), during the review period partments or agencies as the President de- time as the President considers appropriate under subsection (a); or termines appropriate, on a case-by-case to suspend or prohibit any transaction which ‘‘(B) if the review by CFIUS under sub- basis. would result in control of any critical infra- section (a) produces sufficient information ‘‘(5) REFERRAL TO APPROPRIATE MEMBERS OF structure or person engaged in interstate to indicate the possibility of an impairment CFIUS.—Upon receipt of notification of a pro- commerce in the United States, proposed or to national security, after consideration of posed or pending transaction under this sec- pending on or after the date of enactment of the factors listed in subsection (g), and the tion, the chairperson of CFIUS shall assign this section, by or with a foreign person or issues that could result in an impairment to the appropriate member of CFIUS to lead the government, so that such control will not national security are not resolved through review and investigation of such proposed or threaten to impair the national security. negotiation of assurances between one or pending transaction under this section. ‘‘(2) ANNOUNCEMENT BY THE PRESIDENT.— more members of CFIUS and the entities in- ‘‘(6) INTELLIGENCE REVIEWS.—The Director The President shall announce the decision on volved in the transaction. of National Intelligence shall— whether or not to take action pursuant to ‘‘(2) TIMING OF INVESTIGATIONS.—An inves- ‘‘(A) direct the intelligence community, to this subsection not later than 15 days after tigation required to be undertaken under collect and analyze information related to an investigation described in subsection (b) this subsection— any proposed or pending transaction pursu- is completed. ‘‘(A) shall commence at such time as ant to this section, and to prepare a report of ‘‘(3) ENFORCEMENT.—The President may di- CFIUS determines under subsection (a) that its findings, which the Director shall make rect the Attorney General to seek appro- such investigation is required, as prescribed available to members of CFIUS not later priate relief, including divestment relief, in by regulations promulgated pursuant to this than 15 days after the date of the commence- the district courts of the United States in section; and ment by CFIUS of a 30-day review of any order to implement and enforce this sub- ‘‘(B) shall be completed not later than 45 section. days after the date of its commencement. such transaction under subsection (a), and before the commencement of any investiga- ‘‘(e) FINDINGS OF THE PRESIDENT.—The ‘‘(3) RESUBMITTED FILINGS.—An investiga- President may exercise the authority con- tion of a transaction under this subsection tion under subsection (b); and ferred by subsection (d) only if the President which is interrupted because the notification ‘‘(B) ensure that the intelligence commu- finds that— or filing is withdrawn by the applicant, and nity remains engaged in the collection, anal- ‘‘(1) there is credible evidence that leads which is subsequently resubmitted, shall re- ysis, and dissemination to CFIUS of any ad- the President to believe that the foreign in- quire up to a 45-day investigation from the ditional relevant information that may be- terest exercising control might take action date on which CFIUS receives the new sub- come available during the course of any in- that threatens to impair the national secu- mission. The investigation shall include a re- vestigation conducted under subsection (b) view of the rationale for the withdrawal and with respect to a transaction. rity; and resubmission of the proposed transaction to ‘‘(7) ASSESSMENTS OF FOREIGN COUNTRIES ‘‘(2) provisions of law, other than this sec- CFIUS. FOR USE IN REVIEWS AND INVESTIGATIONS.— tion and the International Emergency Eco- nomic Powers Act, do not, in the judgment ‘‘(4) MONITORING OF WITHDRAWN TRANS- ‘‘(A) IN GENERAL.—Not later than 120 days of the President, provide adequate and ap- ACTIONS.—If the notification or filing with after the date of enactment of the Foreign respect to a proposed transaction is with- Investment and National Security Act of propriate authority for the President to pro- drawn or rescinded, CFIUS shall continue to 2006, the chairperson and vice chairperson of tect the national security in the matter be- monitor such transaction, unless the trans- CFIUS, in consultation with the Secretary of fore the President. action is terminated by agreement of the State, the Secretary of Commerce, the Sec- ‘‘(f) ACTIONS AND FINDINGS NONREVIEW- parties to the transaction. If CFIUS has rea- retary of Energy, the Chairman of the Nu- ABLE.—The actions of the President under son to believe that the proposed transaction clear Regulatory Commission, and the Direc- subsection (d) and the findings of the Presi- has not been so terminated, CFIUS shall ini- tor of National Intelligence, shall develop dent under subsection (e) shall not be subject tiate a review or investigation under this and implement a system for assessing indi- to judicial review. section if the parties do not resubmit the no- vidual countries, including— ‘‘(g) FACTORS TO BE CONSIDERED.—For pur- tification or filing within an appropriate pe- ‘‘(i) an assessment of the adherence of the poses of determining whether to take action riod of time.’’ country to nonproliferation control regimes, under subsection (d) and for purposes of re- ‘‘(5) MANDATARY NOTIFICATION RELATED TO including treaties and multilateral supply views and investigations under this section, CERTAIN TRANSACTIONS AFFECTING NATIONAL guidelines, which shall draw on, but not be the President and CFIUS, respectively, shall SECURITY.—The chairperson and vice chair- limited to, the annual report on Adherence consider, among other factors— person of CFIUS shall, not later than 90 days to and Compliance with Arms Control, Non- ‘‘(1) potential effects on United States crit- after the date of enactment of the Foreign proliferation and Disarmament Agreements ical infrastructure, including major energy Investment and National Security Act of and Commitments required by section 403 of assets; 2006, issue rules, including the imposition of the Arms Control and Disarmament Act; ‘‘(2) potential effects on United States crit- appropriate penalties for failure to comply ‘‘(ii) an assessment of the relationship of ical technologies; with this paragraph, that require each per- such country with the United States, specifi- ‘‘(3) domestic production needed for pro- son controlled by or acting on behalf of a for- cally on its record on cooperating in jected national defense requirements; eign government to notify the chairperson of counter-terrorism efforts, which shall draw ‘‘(4) the capability and capacity of domes- CFIUS in writing of any proposed trans- on, but not be limited to, the report of the tic industries to meet national defense re- action involving such person and United President to Congress under section 7120 of quirements, including the availability of States critical infrastructure relating to the Intelligence Reform and Terrorism Pre- human resources, products, technology, ma- United States national security.’’ vention Act of 2004; and terials, and other supplies and services; ‘‘(c) COMMITTEE ON FOREIGN INVESTMENT IN ‘‘(iii) an assessment of the potential for ‘‘(5) the control of domestic industries and THE UNITED STATES.— transshipment or diversion of technologies commercial activity by foreign citizens as it ‘‘(1) ESTABLISHMENT.—There is established with military applications, including an affects the capability and capacity of the the Committee on Foreign Investment in the analysis of national export control laws and United States to meet the requirements of United States, which shall serve as the regulations. national security; President’s designee for all purposes under ‘‘(B) CONFIDENTIALITY.—The assessment ‘‘(6) the potential effects of the proposed or this section. system required by subparagraph (A) and pending transaction on sales of military ‘‘(2) CHAIRPERSON.—The Secretary of the any information or documentary material goods, equipment, or technology to any Treasury shall serve as the chairperson of maintained or developed thereunder— country— CFIUS. ‘‘(i) shall be used solely by those agencies ‘‘(A) identified by the Secretary of State— ‘‘(3) VICE CHAIRPERSON.—The Secretary of involved in reviewing and investigating ac- ‘‘(i) under section 6(j) of the Export Admin- Defense shall serve as the vice chairperson of quisitions, mergers, and takeovers pursuant istration Act of 1979, as a country that sup- CFIUS. to this section; ports terrorism; ‘‘(4) MEMBERSHIP.—The members of CFIUS ‘‘(ii) may not be made available to the pub- ‘‘(ii) under section 6(l) of the Export Ad- shall include— lic; and ministration Act of 1979, as a country of con- ‘‘(A) the Secretary of the Treasury; ‘‘(iii) shall be exempt from disclosure cern regarding missile proliferation; or ‘‘(B) the Secretary of State; under section 552 of title 5, United States ‘‘(iii) under section 6(m) of the Export Ad- ‘‘(C) the Secretary of Defense; Code. ministration Act of 1979, as a country of con- ‘‘(D) the Secretary of Commerce; ‘‘(8) STAFF OF CFIUS.—Employees of the De- cern regarding the proliferation of chemical ‘‘(E) the Secretary of Homeland Security; partment of the Treasury who serve as staff and biological weapons; ‘‘(F) the Attorney General of the United for CFIUS shall report directly to the Dep- ‘‘(B) identified by the Secretary of Defense States; uty Secretary of the Treasury, and shall per- as posing a potential regional military

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8320 CONGRESSIONAL RECORD — SENATE July 26, 2006 threat to the interests of the United States; terms of such agreement, and monetary case of the House of Representatives, may or damages, as appropriate. provide the notices and reports required by ‘‘(C) listed under section 309(c) of the Nu- ‘‘(j) NOTICE AND REPORTS TO CONGRESS.— this paragraph regarding a proposed or pend- clear Non-Proliferation Act of 1978, on the ‘‘(1) NOTICE REGARDING REVIEWS.— ing transaction involving critical infrastruc- ‘Nuclear Non-Proliferation-Special Country ‘‘(A) NOTICE AT INITIATION OF REVIEW.— ture— List’ (15 C.F.R. Part 778, Supplement No. 4) CFIUS shall transmit written notice of a ‘‘(i) in the case of the Senate, to members or any successor list; proposed or pending transaction subject to of the Senate from the State in which such ‘‘(7) the potential effects of the proposed or this section to the members of Congress critical infrastructure is located; and specified in paragraph (3)(C), not later than pending transaction on United States inter- ‘‘(ii) in the case of the House of Represent- national technological leadership in areas af- 10 days after the date of receipt of a notice atives, to a member from a Congressional fecting United States national security; of such proposed or pending transaction, in- District in which such critical infrastructure ‘‘(8) the long term projection of United cluding the identities of all parties involved is located. States requirements for sources of energy and any foreign government ownership or and other critical resources and materials; control of any such party. ‘‘(E) LIMITATION ON DELEGATION OF CERTIFI- and ‘‘(B) CERTIFICATION AT COMPLETION OF RE- CATIONS.—Notices and reports required to be ‘‘(9) the assessments developed under sub- VIEW.—Upon completion of a review under certified under this subsection shall be section (c)(7) of the country in which the for- subsection (a), the chairperson and vice signed by the chairperson and vice chair- eign persons acquiring United States entities chairperson of CFIUS and the head of the person of CFIUS, and such certification re- are based. lead agency assigned under subsection (c)(5), quirement may not be delegated. ‘‘(h) CONFIDENTIALITY OF INFORMATION.— shall transmit a certified notice to the mem- ‘‘(4) ANNUAL REPORTS.— ‘‘(1) IN GENERAL.—Any information or doc- bers of Congress specified in paragraph ‘‘(A) REPORT REQUIRED.—The Secretary of umentary material filed with CFIUS pursu- (3)(C). the Treasury, on behalf of and after con- ant to this section shall be exempt from dis- ‘‘(2) NOTICE REGARDING INVESTIGATIONS.— sultation with the members of CFIUS, shall closure under section 552 of title 5, United ‘‘(A) NOTICE AT INITIATION OF INVESTIGA- submit to the Committee on Banking, Hous- States Code, and no such information or doc- TIONS.—Upon commencement of an inves- ing, and Urban Affairs of the Senate and the umentary material may be made public, ex- tigation under subsection (b), CFIUS shall Committee on Financial Services of the cept as may be relevant to any administra- notify in writing the members of Congress House of Representatives, on or before March tive or judicial action or proceeding. specified in paragraph (3)(C). 15 of each year, a written report on the pol- ‘‘(2) NOTIFICATION TO GOVERNOR.—Notwith- ‘‘(B) CERTIFICATION AT COMPLETION OF IN- icy of the United States with respect to the standing paragraph (1), CFIUS shall notify VESTIGATIONS.—As soon as practicable after preservation of the Nation’s defense produc- the Governor of any State regarding a trans- completion of an investigation under sub- tion and critical infrastructure. The Sec- action involving critical infrastructure in section (b), the chairperson and vice chair- retary shall appear before both committees that State for the purpose of discussing any person of CFIUS and the head of the lead to provide testimony on such reports. security concerns that arise or may arise agency assigned under subsection (c)(5), shall ‘‘(B) CONTENTS OF REPORT.—Each report from that transaction. Information or docu- transmit to the members of Congress speci- submitted under subparagraph (A) shall con- mentary material made available to a Gov- fied in paragraph (3)(C) a certified written tain— ernor under this paragraph may not be made report (consistent with the requirements of public, including under any law of a State subsection (h)) on the results of the inves- ‘‘(i) an analysis of each transaction involv- pertaining to freedom of information or oth- tigation, unless the matter under investiga- ing a foreign person or foreign government erwise, but the exception in paragraph (3) for tion has been sent to the President for deci- affecting national security that has occurred disclosures to either House of Congress or sion. during the preceding year to which the re- Congressional Committees shall not apply to ‘‘(3) CERTIFICATIONS.— port relates, including the nature of the ac- Governors who receive information under ‘‘(A) IN GENERAL.—Each certified notice quisitions and the effect or potential impact this paragraph. and report required by this subsection shall of such acquisitions on the United States de- ‘‘(3) DISCLOSURE.—Nothing in this sub- be submitted to the members of Congress fense industrial base and critical infrastruc- section shall be construed to prevent disclo- specified in subparagraph (C), and shall in- ture; sure to either House of Congress or to any clude— ‘‘(ii) a similar updated analysis for any duly authorized committee or subcommittee ‘‘(i) information on whether or not an in- transaction that occurred during the 4 years of Congress. vestigation occurred under subsection (b) immediately preceding the year dealt with ‘‘(i) ASSURANCES.— and has been completed; in the report in clause (i), including a sepa- ‘‘(1) IN GENERAL.—This subsection shall ‘‘(ii) a description of the actions taken by rate section discussing the impact of trans- govern the provision of any assurances to CFIUS with respect to the transaction; and actions involving foreign governments or one or more agencies of the United States in ‘‘(iii) identification of the determinative persons acting on behalf of or in concert connection with the review or investigation factors considered under subsection (g). with foreign governments; of, or any Presidential decision concerning, ‘‘(B) CONTENT OF CERTIFICATION.—Each no- ‘‘(iii) a detailed discussion of all perceived any transaction under this section. tice required to be certified by this sub- risks to national security or United States ‘‘(2) CONDITION TO DETERMINATION.—Any section shall be signed by the chairperson critical infrastructure that CFIUS will take such assurances shall be deemed to be a con- and vice chairperson of CFIUS and the head into account in its deliberations during the tinuing covenant of the persons on whose be- of the lead agency assigned under subsection year in which the report is delivered to the half such review is sought (and of all persons (c)(5), and shall contain a specific attesta- committees; controlling such person), the observance of tion of each such person that, in the deter- ‘‘(iv) a table showing on a cumulative which shall be a condition of the determina- mination of CFIUS, the transaction that is basis, by sector, product, and country of for- tion of CFIUS, the President, or both, on the subject of the notice does or does not im- eign ownership, the number of acquisitions whether to take any action with respect to pair the national security. reviewed, investigated, or both, by CFIUS, to such transaction. ‘‘(C) MEMBERS OF CONGRESS.—The notices provide a census of production potentially ‘‘(3) CONTRACT WITH THE UNITED STATES.— and reports required by this subsection shall relevant to the Nation’s defense industrial Such assurances shall be embodied in an be transmitted to— base owned or controlled by foreign persons agreement executed by the foreign person or ‘‘(i) the Majority Leader and the Minority or foreign governments; foreign government on whose behalf a review Leader of the Senate; ‘‘(v) an evaluation of whether there is cred- of a transaction is sought under this section ‘‘(ii) the chair and ranking member of the and the chairperson or vice chairperson of Committee on Banking, Housing, and Urban ible evidence of a coordinated strategy by 1 CFIUS, on behalf of the United States. Affairs of the Senate and of any committee or more countries or companies to acquire critical infrastructure of or within the ‘‘(4) MONITORING OF AGREEMENT.—Compli- of the Senate having oversight over the ance with assurances provided under this agency assigned to lead a review or inves- United States or United States companies subsection shall be monitored, and may be tigation under subsection (c)(5); involved in research, development, or pro- investigated, in the same manner as a viola- ‘‘(iii) the Speaker and the Minority Leader duction of critical technologies for which the tion of a civil statute, by the agency des- of the House of Representatives; and United States is a leading producer; ignated by the chairperson of CFIUS, in con- ‘‘(iv) the chair and ranking member of the ‘‘(vi) an evaluation of whether there are in- sultation with the vice chairperson of CFIUS Committee on Financial Services of the dustrial espionage activities directed or di- and the Attorney General of the United House of Representatives and of any com- rectly assisted by foreign governments States. mittee of the House of Representatives hav- against private United States companies ‘‘(5) GRANT OF JURISDICTION; REMEDIES.— ing oversight over the agency assigned to aimed at obtaining commercial secrets re- The United States District Court for the Dis- lead a review or investigation under sub- lated to critical technologies or critical in- trict of Columbia shall have jurisdiction to section (c)(5). frastructure; and enforce an agreement referred to in this sub- ‘‘(D) TRANSMITTAL TO OTHER MEMBERS OF ‘‘(vii) such other matters as are necessary section upon application by the Attorney CONGRESS.—The Majority Leader or the Mi- to give a complete disclosure and analysis of General. Available remedies shall include di- nority Leader, in the case of the Senate, and the work of CFIUS during the year to which vestiture, injunctive relief, enforcing the the Speaker or the Minority Leader, in the the report relates.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8321

‘‘(C) CLASSIFIED REPORTS.—The evaluations ‘‘(4) the terms ‘Committee on Foreign In- tion that additional funding for the ‘‘Emer- required by clauses (v) and (vi) of subpara- vestment in the United States’ and ‘CFIUS’ gencies in the Diplomatic and Consular Serv- graph (B) may be classified. If they are sub- mean the committee established under sub- ice’’ account is necessary as a result of the mitted in classified form, an unclassified section (c); extraordinary costs of facilitating the evacu- version of such evaluations shall be made ‘‘(5) the term ‘foreign government’ means ation under section 4 of the State Depart- available to the public. any government or body exercising govern- ment Basic Authorities Act of 1956 (22 U.S.C. ‘‘(D) OTHER INFORMATION WITHHELD FROM mental functions, other than the Govern- 2671) of persons from Lebanon on or after PUBLIC REPORTS.— ment of the United States or of a State or July 16, 2006. ‘‘(i) PROPRIETARY INFORMATION.—The chair- political subdivision thereof, and includes (C) TREATMENT OF FUNDS.—Amounts trans- person of CFIUS, in consultation with the national, State, provincial, and municipal ferred under subparagraph (A) shall be vice chairperson of CFIUS, may withhold governments, including their respective de- merged with amounts in the ‘‘Emergencies from public release other such information partments, agencies, government-owned en- in the Diplomatic and Consular Service’’ ac- as the chairperson determines is proprietary terprises, and other agencies and instrumen- count, and shall be available for the same information. talities; purposes, and subject to the same conditions ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in ‘‘(6) the term ‘foreign person’ means any and limitations, as amounts in such account. this subparagraph shall prohibit such infor- non-United States national, any organiza- (2) NOTIFICATION REQUIREMENT.— mation from being provided to relevant Com- tion owned or controlled by such a person, (A) IN GENERAL.—Except as provided under mittees of Congress. and any entity organized under the laws of a subparagraph (B), not later than 5 days be- ‘‘(5) APPEARANCES BEFORE CONGRESS.—The country other than the United States, and fore transferring funds under paragraph (1), chairperson and vice chairperson of CFIUS, any entity owned or controlled by such enti- the Secretary of State shall notify the ap- and the heads of such additional CFIUS ty; propriate congressional committees of the member agencies specified in a written re- ‘‘(7) the term ‘intelligence community’ has proposed transfer. quest by the Chairman of the Committee on the same meaning as in section 3 of the Na- (B) EXIGENT CIRCUMSTANCES WAIVER.—The Banking, Housing, and Urban Affairs of the tional Security Act of 1947 (50 U.S.C. 401a); Secretary may waive the requirement under Senate shall annually appear before the and subparagraph (A) if exigent circumstances Committee on Banking, Housing, and Urban ‘‘(8) the term ‘transaction’ means a pro- exist. In the event of such a waiver, the Sec- Affairs and the Committee on Financial posed or pending merger, acquisition, or retary shall provide notice of the transfer of Services of the House of Representatives to takeover’’. funds to the appropriate congressional com- provide testimony on the activities of f mittees as early as practicable, but in no CFIUS. event later than 3 days after such transfer, ‘‘(k) REGULATIONS.— FUNDING AUTHORITY FOR including an explanation of the cir- ‘‘(1) IN GENERAL.—The Secretary shall issue EVACUEES OF LEBANON cumstances necessitating such waiver. regulations to carry out this section. Such Mr. BENNETT. Mr. President, I ask (C) APPROPRIATE CONGRESSIONAL COMMIT- regulations shall, to the extent possible, TEES DEFINED.—In this paragraph, the term minimize paperwork burdens and shall, to unanimous consent that the Senate ‘‘appropriate congressional committees’’ the extent possible, coordinate reporting re- proceed to the immediate consider- means the Committee on Foreign Relations quirements under this section with reporting ation of S. 3741 introduced earlier and the Committee on Appropriations of the requirements under any other provision of today. Senate and the Committee on International Federal law. The PRESIDING OFFICER. The Relations and the Committee on Appropria- ‘‘(2) REGULATIONS RELATING TO DEFINI- clerk will report the bill by title. tions of the House of Representatives. TIONS.—Not later than 30 days after the date (b) USE OF CERTAIN FUNDS.—Amounts ap- of enactment of the Foreign Investment and The assistant legislative clerk read as follows: propriated or otherwise made available by National Security Act of 2006, the Secretary chapter 8 of title II of division B of Public of the Treasury and the Secretary of Defense A bill (S. 3741) to provide funding authority Law 109–148 under the heading ‘‘EMERGENCIES shall jointly agree to and issue rules con- to facilitate the evacuation of persons from IN THE DIPLOMATIC AND CONSULAR SERVICE’’ cerning the manner in which the definition Lebanon, and for other purposes. and any other unobligated amounts in the of the term ‘critical infrastructure’ in sub- There being no objection, the Senate ‘‘Emergencies in the Diplomatic and Con- section (m)(2) shall be applied to particular proceeded to consider the bill. sular Service’’ account may be made avail- acquisitions, mergers, and takeovers, for able to cover the costs of facilitating the purposes of the mandatory investigation re- Mr. BENNETT. I ask unanimous con- sent that the bill be read a third time evacuation under section 4 of the State De- quirement of subsection (b)(1)(A), except partment Basic Authorities Act of 1956 (22 that, until such rules are issued in final form and passed, the motion to reconsider be U.S.C. 2671) of persons from Lebanon on or and become effective, such definition shall laid upon the table, and that any state- after July 16, 2006. be applied without regard to any such rules ments relating to the bill be printed in f (whether proposed or otherwise). the RECORD. ‘‘(l) EFFECT ON OTHER LAW.—Nothing in The PRESIDING OFFICER. Without CARL D. PERKINS CAREER AND this section shall be construed to alter or af- objection, it is so ordered. TECHNICAL EDUCATION IM- fect any existing power, process, regulation, PROVEMENT ACT OF 2005—CON- investigation, enforcement measure, or re- The bill (S. 3741) was ordered to be view provided by any other provision of law, engrossed for a third reading, was read FERENCE REPORT including the International Emergency Eco- the third time, and passed, as follows: Mr. BENNETT. Mr. President, I ask nomic Powers Act, or of the President or S. 3741 unanimous consent that the Senate Congress. proceed to the immediate consider- ‘‘(m) DEFINITIONS.—As used in this sec- Be it enacted by the Senate and House of Rep- tion— resentatives of the United States of America in ation of the conference report to ac- ‘‘(1) the term ‘assurances’ means any term, Congress assembled, company S. 250, the Carl D. Perkins vo- understanding, commitment, agreement, or SECTION 1. FUNDING AUTHORITY. cational education bill. limitation, however described, that relates (a) TRANSFER AUTHORITY.— The PRESIDING OFFICER. The to ameliorating in any way the potential ef- (1) AUTHORITY.— clerk will report. fect of a transaction on the national secu- (A) IN GENERAL.—Upon a determination by The assistant legislative clerk read rity; the Secretary of State described in subpara- as follows: ‘‘(2) the term ‘critical infrastructure’ graph (B), the Secretary may transfer to the The committee of conference on the dis- means, subject to rules issued under sub- ‘‘Emergencies in the Diplomatic and Con- agreeing votes of the two Houses on the section (k)(2), any systems and assets, sular Service’’ account from unobligated amendments of the House to the bill (S. 250) whether physical or cyber-based, so vital to amounts in any account under the ‘‘Adminis- to amend the Carl D. Perkins Vocational and the United States that the degradation or tration of Foreign Affairs’’ heading such Technical Education Act of 1998 to improve destruction of such systems or assets would sums as may be necessary— the Act, having met, have agreed that the have a debilitating impact on national secu- (i) to cover the costs of facilitating the Senate recede from its disagreement to the rity, including national economic security evacuation under section 4 of the State De- amendment of the House to the text of the and national public health or safety; partment Basic Authorities Act of 1956 (22 bill and agree to the same with an amend- ‘‘(3) the term ‘critical technologies’ means U.S.C. 2671) of persons from Lebanon on or ment and the House agree to the same; that technologies identified under title VI of the after July 16, 2006; and the House recede from its amendment to the National Science and Technology Policy, Or- (ii) to replenish the ‘‘Emergencies in the title of the bill, signed by a majority of the ganization, and Priorities Act of 1976, or Diplomatic and Consular Service’’ account conferees on the part of both Houses. other critical technology, critical compo- up to the level of funding that existed in nents, or critical technology items essential such account on July 15, 2006. There being no objection, the Senate to national defense identified pursuant to (B) DETERMINATION.—A determination re- proceeded to consider the conference this section; ferred to in subparagraph (A) is a determina- report.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.031 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8322 CONGRESSIONAL RECORD — SENATE July 26, 2006 (The conference report is printed in pected to graduate this year. For mi- are more coordinated, and students the House proceedings of the RECORD of nority students, this number hovers have broader exposure to postsec- July 25, 2006.) around 50 percent. In addition, we con- ondary education before leaving high Mr. ENZI. Mr. President, I rise today tinue to experience an overall dropout school. A number of programs enabling in support of the conference report to rate of 11 percent per year. students to earn concurrent credits for accompany S. 250, the Carl D. Perkins The Perkins Act emphasizes high high school and college are springing Career and Technical Education Im- school completion by making academic up within the Perkins program, helping provement Act of 2006. courses more relevant. According to students prepare for college and reduce This legislation reflects a lengthy bi- the National Assessment of Vocational their time to graduation from a post- partisan effort to strengthen and im- Education, now 2 years old, career and secondary degree certificate or degree prove Federal programs designed to technical education students are three program. support career and technical education. times more likely to apply academic In Casper, WY, right now, the com- I am very pleased to have worked with skills to job related tasks than stu- munity college and the school district my friend and colleague from Massa- dents in academic courses. are working on plans to create a hybrid chusetts, Senator KENNEDY, from intro- The Perkins program can help ad- career and technical education center, duction of the bill in the Senate dress the ‘‘wasted senior year’’ by help- which will help students earn credit to- through today’s consideration of the ing to improve student academic ward a college degree, learn relevant conference report. achievement. It does that by linking job skills, and meet challenging State This legislation was reported favor- learning to relevant applications and academic standards, all through a sin- ably by the Senate Health, Education, tasks. Students that are excited about gle sequence of courses. This legisla- Labor, and Pensions Committee last learning will always do better, and a tion encourages more schools to begin Spring by a unanimous vote. The fol- great way to get students excited innovative programs like the one being lowing day it passed the Senate on a about learning is to show them how developed in Casper. vote of 99 to 0. I am encouraged by the they will use the skills they are learn- The second reason this legislation is broad support for this legislation and I ing in real life. important is because it will help ensure am pleased to be able to recommend For many students, understanding we are preparing students for tomor- passage of this conference report. how they will use the skills they learn row’s workforce. We are in the midst of This legislation is important for can mean the difference between com- a skills revolution. It is estimated that three reasons. The first reason is the pleting a high school degree and drop- today’s students leaving high school or added emphasis on academic achieve- ping out. For others, it means greater college will have 14 different careers in ment. I commend the President and the investment in their studies than they their lifetimes. It is also estimated Governors for raising the issue of high might otherwise have. Making learning that the top 10 jobs 10 years from now school reform, and I believe this legis- relevant is one of the best ways to en- haven’t been invented yet. The ques- lation is an important part of that sure students stay interested in their tion that faces all of us, put simply, is ‘‘got skills?’’ process. Improving and strengthening coursework, while also preparing them We must equip our workers with the the academic focus of the Perkins Act for college and the workforce. skills the technology-driven economy is part of a much larger effort to en- In the bill we are now considering, we demands. We need to prepare our stu- sure that today’s students will be have made academic achievement one dents for tomorrow’s economy in order of several core indicators of perform- ready for tomorrow’s reality, whether to remain competitive in the global ance for programs receiving funds from it is in college or the workplace. marketplace. Nations such as China In 1998, when Congress last reauthor- this act. As States are elevating their and India are rapidly catching up to ized the Perkins program, additional expectations for students under No our institutions in terms of quality, emphasis on student academic achieve- Child Left Behind, we anticipate that and they have a much larger student ment was incorporated into the bill. career and technical education stu- body from which to draw. The only way That emphasis was critical, and the re- dents will benefit from those same high we can compete in the changing econ- sults have been demonstrated in the expectations. We believe that career omy is to graduate students with the program. More Perkins students are and technical education programs highest quality of academic and tech- performing better on national reading should be able to take credit for help- nical skills. and math assessments than ever be- ing students improve their academic Earlier this month on the Senate fore. The National Assessment of Adult achievement in core subject areas, like floor we discussed the need for skills Literacy, released earlier this year, reading, math, and science. training and its impact on wages. I pointed out that career and technical This legislation also emphasizes the made a speech to the effect that the education students perform better than connection to postsecondary education. problem we are facing is one of min- their peers in both reading and math Many of today’s high school students imum skills—not minimum wages. The comprehension. are entering college behind the curve effect may be low wages, but the cause Another recent study of Arizona ca- before they even start. Almost a third is low skills. We need to address those reer and technical education students of all college students are taking some workers who have few, if any, of the showed that students in career and remedial education courses before skills they need to compete for a better technical training courses were more graduating. We need to make sure that job and command higher wages. We likely to meet State math proficiency more high school students are receiv- need to start thinking in terms of levels than students not enrolled in ing the instruction they need before skills, the kinds of skills that will help technical training courses. That is they leave high school in order to be students support themselves and their good, because today’s jobs are requir- successful in college. families in the future. ing stronger academic preparation The impact of the need for remedial Research shows that high school than ever before, especially in math academic instruction has dramatic dropouts have an unemployment rate and science. consequences. As many as three in four two times higher than high school We are also facing a significant prob- students requiring remedial reading in- graduates, and three times higher than lem in terms of today’s students com- struction will not complete a postsec- college graduates. Over time, the earn- pleting high school and earning a sec- ondary degree program. Over 60 percent ing differential between high school ondary education degree. A significant of students requiring remedial math and college graduates has increased as amount of research, many college in- education will not complete a postsec- well. In 1980, college graduates earned structors, and employers agree that far ondary degree. 50 percent more during their lifetime too many high school graduates are The Perkins program is in a unique than high school graduates. Today this not prepared for college-level classes position to help prevent the need for differential has increased to 100 percent and many more do not have the skills additional remedial education at the and continues to expand. to advance beyond entry level jobs. postsecondary level. Because the pro- The programs supported by the Per- Only 68 percent of the students enter- gram provides funds for both secondary kins Act help students learn and de- ing the ninth grade 4 years ago are ex- and postsecondary schools, programs velop the skills they need to compete

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.103 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8323 in the workforce. In the bill before us, this 21st century economy, learning am happy to see the conference report we have emphasized the need to pre- never ends, and school is never out. taken up in the Senate. pare students for placement in high The Perkins Act is one part of a I want to thank Senator KENNEDY skill, high wage, or high demand occu- ‘‘three-legged stool’’ of Federal edu- and his staff for their hard work, and pations. These are the types of jobs cation and training programs, all of for the hard work of the Senate con- that will ensure a stronger future for which we will have considered during ferees. I specifically want to thank students and will help them become this Congress. The other two key Carmel Martin, JD Larock, and Jane self-sufficient. pieces of this approach are the Work- Oates from Senator KENNEDY’s staff. Eighty percent of the jobs created force Investment Act, and the Higher Although I understand Jane has moved over the next 10 years will require Education Act. This is the first of on to greener pastures, she had a sig- some postsecondary education. How- those three bills to make it through nificant role to play in helping the leg- ever, the majority of those jobs will re- conference, but I hope we will quickly islation get to this point. I also want quire less than a 4-year degree. This is follow with the others. to thank Mr. MCKEON and Mr. MILLER, a critical issue, and we need to start If we are going to stay competitive, as well as the other House conferees, now to meet the needs of the future Federal education programs need to for helping us get to this point, and workforce. I believe that a stronger, help support seamless transitions from their staffs: Whitney Rhoades, Steph- more effective Perkins program is an education to the workforce, through- anie Milburn, Krisann Pearce, Lisa important way to address this issue. out life, from preschool through post- Ross, Denise Forte, Lloyd Horwich and By 2010 we face a projected skilled secondary education and beyond. The many others. Finally, I want to thank worker shortage of 5.3 million workers. conference report we are considering my own staff—Scott Fleming, Beth That’s 5.3 million American jobs that takes the first step in that direction by Buehlmann, Lisa Schunk, Ilyse can’t be filled because our workers emphasizing the connection between Schuman and Katherine McGuire—for don’t have the right skills. That is why academic and technical education and helping me to move this bill all the career and technical education funds the workforce and postsecondary edu- way through the legislative process. are so critical to the supply of skilled cation. The Workforce Investment Act They have spent many long hours seek- labor in this country. These are pre- and the Higher Education Act will be ing agreement on the provisions of the cisely the types of careers for which the next critical steps in ensuring that conference report and have done stellar the Perkins program is preparing stu- American students are prepared for work. dents. Career and technical programs today and tomorrow’s careers, many Mr. President, I urge my colleagues in this country are preparing students which haven’t been invented yet. to support adoption of the conference with the skills to succeed in health Today’s students are more and more report. care, information technology, trade, likely to return to school throughout Mr. KENNEDY. Mr. President, I am manufacturing, and a host of other ca- their lives for additional training. pleased that we are acting on this bi- reers. Some estimates suggest that as many partisan legislation to reauthorize the One of the most critical improve- as 75 percent of today’s workers will Perkins Career and Technical Edu- ments we have made to the Perkins need additional training just to stay cation Act, and I commend the chair- program in this bill is to strengthen current with their jobs. The modern man of our committee, Senator ENZI, the connection of career and technical college student reflects this trend per- for his willingness to have an open, bi- education programs to the needs of fectly. Today’s average college student partisan process for this legislation. businesses. If we are going to help fill is likely to be older than 24, inde- His leadership and the impressive work the growing need for skilled workers, pendent, and more likely to be female. of his staff helped guide this bill suc- we need to ensure Perkins programs They are also likely to have trans- cessfully through the conference, and are coordinating their instruction with ferred institutions at least once in they deserve great credit for their lead- current practices in industry and the their postsecondary career. ership. needs of the local workforce. That snapshot reflects the reality One of our highest priorities in Con- Thousands of examples are available that today’s college students are there gress is to expand educational opportu- of schools connecting with businesses for training and technical skills acqui- nities for every American. In this age to help develop the right curriculum sition more than anything else. Post- of globalization, every citizen deserves for available high skill, high wage jobs. secondary education is one of the fast- a chance to acquire the education and At a roundtable I chaired earlier this est means to advancement in today’s skills needed to participate in the mod- year on high school redesign issues, economy. With a postsecondary edu- ern economy, to fulfill their hopes and several of the participants described cation, workers are more likely to dreams, raise healthy families, and programs that linked academic pro- keep their jobs and take advantage of contribute to their communities. We grams at the high school or community opportunities to grow and advance in will be a fairer and stronger America college with the needs of the employers the workforce, or transition to another when every citizen takes part. in the area. One such example was a occupation as the workforce changes. In the global economy, the contribu- program that prepared students to Federal policy needs to reflect the tions of every American matter. We work in a nearby nuclear energy plant. 21st century reality: we are in the must equip all our citizens to compete, The area high school offered classes so midst of a jobs revolution. We are not by lowering their pay and sending students in the area could begin the going to experience dramatic changes their jobs overseas but by increasing technical training to get a job at the in the workforce over the next 10 to 15 their skills. Career and technical edu- nuclear powerplant, earning more than years, and we need to start now if we cation does that, by preparing students $40,000 a year to start. are going to adapt Federal education and adults for 21st century jobs. With That’s the type of relevant instruc- and training policy to meet the coming this reauthorization, career and tech- tion that we need to encourage and crisis of too few workers with too few nical programs will continue to have a that we are encouraging through this skills. vital role in transforming the lives of conference report. I expect that the I am pleased that this legislation is students and workers, and we will have students performing well in their nu- now at the final stage of the process. a stronger economy as a result. clear power management and safety We were able to move this bill quickly Since the passage of the Smith- class are also performing well on State through committee and the floor be- Hughes Act in 1917, the Federal Gov- math and science assessments. cause we were able to work in a bipar- ernment has recognized the important The final reason that this legislation tisan manner to reauthorize a program role of career and technical education is important is because it provides a that the members of the Health, Edu- in the life of the Nation. As the needs foundation for the redesign of Federal cation, Labor, and Pensions Committee of American business and industry education policy. We need to structure feel is an important part of the federal have evolved, the revisions made to the Federal education policies that provide education and training system. Al- Act over the years have reflected those students and adult learners have access though the intervening work took changes. It is clear that vocational to lifelong education opportunities. In much longer than I would have liked, I education is no longer the 1950s

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.042 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8324 CONGRESSIONAL RECORD — SENATE July 26, 2006 version. It has evolved from shop class- Today, career and technical edu- education. Worcester Boys Trade es into courses that use cutting-edge cation students are better prepared for School, founded in 1910, was among the technology and focus on emerging and college. Almost two-thirds of all high first vocational schools in the Nation, growing fields that will become the school graduates of career and tech- training young men to be machinists, jobs of the future. That is why we now nical programs now enter some form of and fulfilling its mission of graduating call it career and technical education, postsecondary education. When these ‘‘well informed citizens and good work- and I am pleased to see that change re- programs are combined with a college men.’’ Today, Worcester Vocational flected in the new title of this bill. prep curriculum, that number rises to High School has a waiting list of 300 The Perkins Career and Technical 82 percent. students. In 2005, 93 percent of its stu- Education Act gives both students and That is good progress, but we need to dents passed the State assessment. adults the academic course work and do even more. According to a study re- In August, it will move to a new training they need to be competitive in leased last week by the Department of state-of-the-art facility that will ac- the job market. The reauthorization of Education, career and technical edu- commodate 1,500 day students and 3,000 this legislation is especially important, cation students are less likely to take working adults in afternoon and since more and more people are taking advanced math courses like trigo- evening classes. Without Perkins fund- advantage of Perkins programs. Be- nometry, precalculus, and calculus ing, much of this would not have been tween 2002 and 2004, enrollment in ca- compared to other high school stu- possible. reer and technical education programs dents. In college, they tend to earn Perkins also supports high school rose by 26 percent nationally. Enroll- fewer academic credits, and fewer cred- programs that partner with commu- ment in Tech Prep, the Perkins pro- its overall. And only one-quarter of ca- nity colleges and local businesses to gram that supports some of the most reer and technical education students provide students with the academic creative efforts in the field, rose by graduate with a bachelor’s degree— and technical skills they need to con- more than a third. Nearly all high most earn associate’s degrees or cer- tinue their education or to compete for school students will take at least one tificates. high-skill, high-wage jobs imme- career or technical course during their That is why the improvements we diately. The outcomes of these pro- years in school. About half of all high have made in this reauthorization are grams are extraordinary. In Massachu- school students and a third of all col- so important. setts, 96 percent of the students in the lege students are involved in voca- We have maintained our commit- class of 2006 in career and technical tional programs as a major part of ment to Tech Prep. Students can enroll education programs passed the MCAS their studies. as early as the ninth grade in high-tech and earned their competency deter- Perkins helps adults as well. In 2004, programs that lead to an associate’s mination. Already, 90 percent of the 6 million adults were enrolled in such degree. Tech Prep is a vital bridge that class of 2007 have done so. Over the last programs at community, technical, and connects high school to college for 2 years, every one of the seniors at other colleges, learning new skills and many students, and I welcome its role Blackstone Valley Tech in Upton has improving opportunities for employ- in this bill. passed the MCAS and graduated on ment. About 40 million adults partici- Our focus is on career and technical time. Last year, it was recognized as a pate in short-term occupational train- education programs that lead to in- Vanguard Model School by the Massa- ing. creased graduation rates, professional chusetts Insight Education and Re- Perkins programs do not just help credentials, apprenticeships, and col- search Institute for its efforts to im- one type of person. New immigrants, lege opportunities. To do so, we have a prove student achievement. It was the struggling adults, women seeking jobs strong accountability system that first vocational technical school to re- outside the home for the first time—all measures the progress that programs ceive this honor. benefit from the specially designed pro- are making toward these goals. Because of Perkins, more than 12,000 grams funded by the Perkins Act. We have doubled our emphasis on career and technical education stu- These programs help every kind of making sure that career and technical dents at risk of failing he MCAS were learner. In 2004, 10 million middle and education programs reach those who placed in structured internships at high school students were taking too often have been left out, such as over 5,600 employer sites last year. courses that enabled them to explore a girls, women, and homemakers seeking These internships use work-based career and be prepared to succeed in jobs for the first time. learning plans to guide students’ learn- the workplace. The students are from We have also addressed the needs of ing and productivity on the job, and to many different backgrounds—from career and technical education teach- measure the impact of the internship rural and urban areas, from schools ers by giving them new opportunities on student achievement. large and small, and they studied fields to spend time in the industries they Because of Perkins, every commu- such as agriculture, technology, health are teaching about. In a world where nity college in Massachusetts has been occupations, skilled trades and busi- cell phones and computers become ob- able to hire instructional support staff ness. solete in a year, these teachers need and provide adaptive equipment for No matter where they are from, the the best possible training so that they students with disabilities enrolled in data are clear. Perkins programs are can continue to prepare students for technical education programs. helping them build a better life. Ac- success. They are preparing the next Because of Perkins, career and tech- cording to the most recent National generation for the workforce, and their nical educators throughout the Com- Assessment of Vocational Education by knowledge-base must be state of the monwealth receive needed professional the Department of Education, students art. development and gain access to cur- earned almost 2 percent more for each This reauthorization is a signal to riculum-related resources, technical high school occupational course they the millions of Americans who benefit assistance, and training in a wide took. That is about $450 per course from career and technical education range of activities. based on average earnings of $24,000. that the Federal Government under- Massachusetts’s career and technical That adds up, especially for the 45 per- stands how important these programs education programs are impressive, cent of all high school graduates who are. Massachusetts alone has more and they are successful because of the take three or more occupational than 100,000 students at the secondary Perkins Act. We are proud of the vital- courses. and postsecondary level participating ity of our career and technical edu- The data also show that participants in Perkins programs. Our Common- cation programs in Massachusetts, and in career and technical education at wealth’s support of technical training we know they are just a small number the postsecondary level can benefit is far-reaching today and is rooted in of the many strong programs supported from just 1 year’s worth of courses. our longstanding commitment to tech- by the Perkins Act across the country. Even those who did not attain a cre- nical education. I am pleased that we were able to dential still earned between 5 and 8 At the beginning of the 20th century, work together with the House to percent more than high school grad- Worcester was a national leader in the produce this bipartisan legislation. I uates with similar characteristics. development of trade and vocational commend Chairman ENZI, Chairman

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.044 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8325 MCKEON, and all the conferees and awarded to Americans is declining. All global economy, we need to make sure their staff for their good work on this of this is having a detrimental effect our students have 21st century skills needed legislation. on our global competitiveness. for 21st century jobs. Vocational and Special thanks go to Scott Fleming, Clearly, we need to increase our com- technical education is an extremely Beth Buehlmann, Lisa Schunk, and petitiveness from within. The con- important part of this effort. The Per- Kelly Hastings with Senator ENZI; Alli- ference agreement before us will help kins Act, which provides $1.3 billion to son Dembeck with Senator GREGG; us to do that. help train more than 10 million Ameri- Meredith Davis with Senator FRIST; This reauthorization does a number cans across the country, is a vital in- David Cleary with Senator ALEXANDER; of important things. First and fore- vestment in our Nation’s high schools, Celia Sims with Senator BURR; Glee most, it emphasizes accountability and community colleges, and our students. Smith with Senator ISAKSON; Lindsay improved results. Second, it improves The Carl D. Perkins Career and Tech- Morris with Senator DEWINE; Lindsay monitoring and enforcement. Third, it nical program gives a boost to Amer- Hunsicker with Senator ENSIGN; disaggregates performance goals and ica’s workforce development system by Juliann Andreen with Senator HATCH; report information by special popu- providing funds to schools that teach Liz Stillwell with Senator SESSIONS; lations so no one will fall through the technical skills ranging from auto shop Jennifer Swenson with Senator ROB- cracks. And fourth, it strengthens the to computer programming. The Per- ERTS; Mary Ellen McGuire with Sen- ties between industry, high schools, kins Act also supports practical career ator DODD; Rob Barron with Senator and higher education by ensuring that programs and links between secondary HARKIN; Dvora Lovinger and Robin teachers are well-trained, students are and postsecondary education, helping Juliano with Senator MIKULSKI; Sherry academically ready for college, and students to move up the opportunity Kaiman with Senator JEFFORDS; Mi- high schools are training students for ladder and prepare them for high-skill, chael Yudin with Senator BINGAMAN; the actual needs of their communities. high-wage jobs. Students who have Jamie Fasteau and Jill Feldstein with The premise of this legislation is completed Perkins-supported programs Senator MURRAY; Mildred Otero with that high schools, industry, and higher are better prepared not only for higher Senator CLINTON; Kristen Romero and education institutions need to work to- education but for the workplace. Amy Gaynor from Legislative Counsel, gether to provide our workforce with The President has proposed elimi- Denise Forte, Lloyd Horwich, and the skills they need in order to achieve nating funding for all vocational and Whitney Rhoades on the House Edu- and compete in the 21st century. This technical education programs. This is cation Committee, and Carmel Martin, bill works to ensure that American the wrong way to go. If Perkins was J.D. LaRock, and Liz Maher of my students are not just getting a world eliminated, high schools, technical staff. class education, but the best education schools, and community colleges in I especially recognize Jane Oates, in the world. every State would suffer. In Maryland, who worked on my staff for 8 years and I would be remiss in my remarks if I our schools would lose almost $19 mil- whose expertise, leadership, and per- did not mention the President’s pro- lion. Last year, we had more than sistence ensured that the committee posed elimination of the Perkins pro- 150,000 students enrolled in career and produced a strong, bipartisan reauthor- gram in his annual budget for the sec- technical programs in Maryland. In the ization. Jane’s efforts on Perkins are ond year in a row. I hope that the ad- United States, 97 percent of high school indicative of how she handles all things ministration understands that our de- students take at least one career and in life: always giving 100 percent, al- cision to move this legislation forward technical education course. One-third ways being a voice for the voiceless, al- reflects our unwavering commitment of college students are involved in ca- ways committed to finding a solution. to career and technical education. We reer and technical programs. And al- Though Jane has not been directly in- will not let this program fall by the most 40 million adults attend short- volved in these last few months of the wayside. Perkins will not be elimi- term occupational training. If these process, her good work in the early nated. schools had to close their doors or shut stages of this bill has guided my staff We often hear the pledge that we will down their vocational programs, where and the rest of the committee through leave no child behind. May I suggest would these students go to learn the conference and to final passage today. that we also make every effort to en- skills they need to get good paying Thank you, Jane, for all you have done sure that we leave no career and tech- jobs? for the millions of students who benefit nical education student behind? Pas- Vocational and technical education from Perkins every year for showing sage of these important provisions provides students across the country all of us in the Senate how to get the today will go a long way toward ensur- with opportunities to develop academic job done. ing that career and vocational edu- and technical skills that are critical Mr. DODD. Mr. President, I am here cation students are not left behind in for economic and workforce develop- today to support the reauthorization of the classroom, that they are being held ment. It is our job in the senate to an education bill designed to ensure to high academic standards, that their make sure these opportunities are the competitiveness of our country’s teachers are provided with the training there for the people who need them and workforce, the Carl D. Perkins Career they need to keep up to date with the to invest in our human capital to cre- and Technical Education Act, Perkins. latest industry needs, and that high ate a world class workforce. That is Essential to strengthening the work- schools, industry and higher education why I strongly support this bipartisan force, Perkins not only prepares youth work seamlessly together to provide bill and I oppose any cuts to the Per- and adults for the careers of today, it our workforce with the skills that they kins Career and Technical Education prepares them for the careers of tomor- need to maintain America’s economic programs. row. It is the first line of defense in en- dominance in the 21st century. Mr. BINGAMAN. Mr. President, I rise suring America’s competitive advan- Career and technical programs are an today to support the conference report tage worldwide. essential part of keeping students in accompanying S. 250, the Carl D. Per- We have heard a lot lately about school and helping our nation train its kins Career and Technical Education American students losing their com- workforce. And while I would not con- Act of 2006. More than ever, this coun- petitive edge. In math and science sider the conference agreement before try needs rigorous, relevant career and Americans score near the bottom of all us perfect, I am confident that it will technical education programs to help industrialized nations on international go a long way in helping another gen- students prepare for postsecondary exams. Our college drop-out rate is one eration of Americans succeed, and in education and to address the shortage of the highest in the world. We have doing so, strengthen the American of highly skilled workers necessary to dropped from first to fifth in the per- economy and increase our competitive- meet the demands of the contemporary centage of young adults with a college ness worldwide. workforce. A skilled and flexible work- degree. Singapore has displaced the Ms. MIKULSKI. Mr. President, I rise force is essential to building a strong United States as the leading economy in support of the Carl D. Perkins Ca- and dynamic economy and to main- in information technology competi- reer and Technical Education Improve- taining our country’s ability to com- tiveness. And the number of patents ment Act of 2005. To compete in this pete in a global economy.

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JY6.047 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8326 CONGRESSIONAL RECORD — SENATE July 26, 2006 According to a recent report issued cation assessments, if available and ap- Technology have lower dropout rates by the National Academy of Sciences, propriate. To address this need for and improved academic achievement. the scientific and technical building high-quality technical assessments, Accordingly, this legislation recog- blocks of this Nation’s economic this bill permits State leadership funds nizes that smaller learning commu- strength are eroding at a time when to be used to develop valid and reliable nities and career academies are critical many other nations are gathering assessments of technical skills that are educational investments. As Rio Ran- strength. As much as 85 percent of this integrated with industry certification cho and Albuquerque High Schools country’s per capita growth in income assessments where available. demonstrate, rigorous career and tech- since World War II has come from In addition, the bill includes several nical education and smaller learning science and technology. The National new provisions for data collection, uti- environments enhance students’ Academies projected that while the lization, and analysis, including provi- achievement and motivation to learn. U.S. economy is doing well today, cur- sions which allow the State allocation Unfortunately, the formula as draft- rent trends indicate that the U.S. may to be used to support and develop State ed in this bill will have a very negative not fare as well in the future, particu- data systems, and State leadership impact on career and technical edu- larly in the areas of science and tech- funds to be used to develop and en- cation programs in many of our States. nology, where innovation is spurred hance data systems to collect and ana- While I support the improvements and high-wage jobs follow. lyze data on postsecondary and em- sought in this bill, I am very dis- We must produce students who are ployment outcomes. appointed that states like New Mexico, prepared to meet the challenges of the I am also pleased that this bill makes Mississippi, Pennsylvania, Iowa, Kan- 21st century workforce. I believe this significant improvements to help sas, Ohio, Wisconsin, Illinois, Con- bill provides real opportunities to meet Crownpoint Institute of Technology. necticut, Louisiana, Alabama, Mis- those challenges. Crownpoint plays a critical role in en- souri, and Idaho, just to name a few, In order to meet those challenges, suring Native American students have will face significant cuts in funding however, career and technical edu- the education, skills, and training nec- next year alone. In fact, these cuts hit cation—CTE—must be academically essary to compete in the global econ- the poorest States in this country the rigorous and enhance students’ critical omy, and this bill helps Crownpoint get hardest. Assuming this program re- thinking and applied skills. I believe the funding they need to serve their ceives level funding in appropriations this bill makes a number of significant students. in fiscal year 2007, 24 States lose improvements to ensure that CTE stu- Yet, increasing academic and tech- money. If there are any cuts to the pro- dents participate in a rigorous and nical rigor alone is not enough to pre- gram at all, more than 30 States could challenging curriculum, and realize pare students to enter into and com- lose under this formula. positive educational and employment pete in the 21st century workforce. The These losses are very real to the stu- outcomes. learning environment students experi- dents participating in career and tech- For example, the bill integrates chal- ence also heavily impacts academic nical education at our high schools and lenging academic and technical stand- performance and student outcomes. community colleges. A junior in high ards, aligned with No Child Left Behind When smaller learning communities school pursuing a career in medical and nationally-recognized industry are in place, students benefit greatly: technology might not be able to finish standards, into CTE instruction. In ad- they experience a greater sense of be- her program in her senior year if fund- dition, the bill strengthens educational longing to their schools and they have ing is yanked. Our students depend on programs and career pathways for students be- fewer discipline, crime, violence, and like Perkins to provide them with es- yond high school and makes significant substance abuse problems. sential job skills and training. It is not strides in building alliances among I would like to highlight two high only unfair to pull funding from our high schools, 2- and 4-year colleges, schools in my home State of New Mex- ico which demonstrate some of the best students, but unwise to cut funding business and industry, and community from so many States. Strong career practices of rigorous and innovative ca- organizations. Further, the bill ex- and technical education programs are reer and technical education. Rio Ran- pands career guidance and academic critical to this Nation if we are to en- cho High School has served as a model counseling services so that students sure a skilled and educated workforce. example of how academic rigor, hands- have a career plan and career objec- This formula is simply a step in the on-learning, strong professional devel- tives. wrong direction. Well-prepared CTE teachers and good opment, defined career pathways, and Many of us talk about ensuring professional development are essential robust alliances are elements of a suc- America’s students are prepared to components of an effective, rigorous cessful, quality CTE program. Rio Ran- meet the challenges of the 21st century CTE curriculum. CTE teachers must cho has created academies of study for workforce. We talk about protecting possess the knowledge and skills to all students, which allow students to: America’s competitive edge in the teach effectively. Hence, this bill dedi- pursue career pathways to postsec- global economy. I firmly believe, how- cates resources to promoting the lead- ondary education and beyond; take ever, that taking career and technical ership, initial preparation, and profes- core courses geared toward interests, education programs away from some of sional development of career and tech- skills, and competitive careers; form our most needy students does not en- nical education teachers to foster ef- partnerships with instructors; and be- hance our economic security. Simply, a fective practices. come part of a smaller learning com- loss of funding means a loss of services This bill is designed to improve stu- munity within the larger high school. to students. dent educational and employment out- These academies allow students to ex- Nevertheless, I firmly believe there comes, including their technical and plore personal strengths and interests are many positive aspects of this legis- workplace knowledge and skills. But, in relationship to career planning and lation, and despite the funding for- we must be able to measure how well job markets. Rio Rancho has been des- mula, I support the overall bill. Effec- CTE programs are meeting the needs of ignated as a Microsoft Center of Inno- tive career and technical education its students. Accordingly, the legisla- vation and Time Magazine has called programs are necessary to build a tion will require states to identify core Rio Rancho one of the ten most inno- strong and dynamic economy and to indicators of performance that include vative career and technical schools in maintain a competitive American measures of student achievement on the Nation. workforce, and therefore, I support the technical assessments and attainment Another great example of innovative passage of this legislation. of career and technical skill proficien- career and technical education can be Mr. REED. Mr. President, I support cies. found at Albuquerque High School. In final passage of S. 250, the Carl D. Per- Thus, it is essential to develop valid just a couple of years, the career acad- kins Career and Technical Education and reliable assessments of technical emies at Albuquerque High School Improvement Act of 2006. and career competencies that are have demonstrated very positive stu- This important legislation, which re- aligned with national industry stand- dent outcomes. The first students in authorizes the Carl D. Perkins Voca- ards and integrate industry certifi- Albuquerque’s Academy of Advanced tional and Technical Education Act of

VerDate Aug 31 2005 03:31 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.105 S26JYPT1 ccoleman on PROD1PC71 with SENATE July 26, 2006 CONGRESSIONAL RECORD — SENATE S8327 1998, will help strengthen both the career and technical education pro- nontraditional occupations. Families, workforce in my home State of Rhode grams—to help ensure that our stu- industries, and our economy as a whole Island and across the Nation and en- dents remain competitive and have the benefit when women and girls pursue sure that our students have the nec- academic and technical tools to suc- non-traditional, traditionally ‘‘male’’ essary skills and tools to access high- ceed. careers—in technology, math, science, quality, high-wage employment and Mrs. CLINTON. Mr. President, I am and the construction and building compete in an ever-expanding global very pleased today to support the Carl trades. Unfortunately, women continue economy. D. Perkins Career and Technical Edu- to be significantly underrepresented in I am pleased that Congress will reaf- cation Improvement Act. I was proud these fields. For example, while the firm its overwhelming bipartisan and to cosponsor this legislation in the number of female carpenters has tri- bicameral support for this program, es- Senate, and I am proud that the Con- pled since 1972, women still represent pecially in light of the President’s ef- gress is on the eve of passing it into only 1.7 percent of all carpenters. You forts in his last two budget proposals law. can say the same about many other to eliminate funding for Perkins. For I am extremely pleased that this bill high-skill, high-wage trades. the 2006–2007 school year, our State, was written in a bipartisan fashion. I Many of these skilled trades indus- which is home to 10 Career and Tech- want to thank Senator ENZI, Senator tries are experiencing a significant nical Centers and 54 high schools and KENNEDY, Congressman MCKEON, and labor shortage and experts expect these colleges offering career and technical Congressman MILLER for working so shortages to get worse over the next education programs, would stand to hard on this legislation. I hope that the two decades as many workers retire. If lose an estimated $6.3 million in Per- HELP Committee will approach other women were to enter these professions, kins basic state and tech prep funding education bills in the same bipartisan most of which are unionized and pay a under the President’s proposed budget. process. livable paycheck and benefits, women These cuts are unjustifiable, especially The legislation recognizes the impor- would increase their earnings and at a time when it is ever more critical tant role of career and technical edu- standard of living for their families. that we provide a robust link between cation in the preparation of today’s For example, a journey-level elec- students and a highly skilled workforce workforce. It rejects the Bush adminis- trician will make over half a million American business depends on to tration’s proposal to eliminate the Per- dollars more than a typical cashier in a thrive. kins program, a proposal that would 30-year career. As a cosponsor of the Senate version cost New York approximately $65 mil- This bill requires States to measure of this bill, I am pleased that many of lion a year. The bill before us today is students’ participation and completion its comprehensive provisions on the re- evidence of the strong bipartisan com- in career and technical programs in cruitment, preparation, support, and mitment to maintaining and strength- nontraditional fields and to professional development of career and ening Perkins. disaggregate their data on performance technical education teachers, which I The Perkins program plays a key by gender and race. In addition, pro- authored, have been included in the role in helping young people and people grams will be required to prepare spe- final version of the bill before us today. returning to school gain the skills they cial populations for high-skill, high- I believe having a well-trained, quali- need to land high-quality jobs. Perkins wage occupations that will lead to self- fied, and effective teacher in every is the largest Federal investments in sufficiency. These important provi- classroom is the key for ensuring that our Nation’s high schools. Over 66 per- sions will go a long way toward helping students participating in career and cent of all public high schools have at more women achieve economic secu- technical education programs will least one vocational and technical edu- rity for their families. achieve their fullest academic and ca- cation program and 96 percent of high The bill also provides comprehensive reer goals and aspirations. school students in this country take at professional development for career The bill also contains a number of least one vocational or technical and technical education teachers and provisions that address the concerns course while in high school. aligns secondary and postsecondary in- raised by educators in Rhode Island. The Perkins program also plays a dicators with those established in First, S. 250 does not combine the tech key role in postsecondary education. other programs to ultimately reduce prep program with the basic State According to the National Center for paperwork. grant program at the Federal level as Education Statistics, nearly 38 percent Finally, I am pleased that the bill the House bill proposed. Second, the of all degree-seeking undergraduates maintains Tech Prep as a separate pro- bill authorizes use of State administra- are pursuing vocational careers. These gram, maintaining the position pro- tion funding at up to 5 percent, funding programs play a key role in educating posed in the Senate bill. Innovative which supports such essential activi- our workforce and census data consist- Tech Prep programs in New York have ties as developing a State plan, moni- ently shows that people with higher made a real difference in the lives of toring career and technical education educational attainment have higher students. For example, the Syracuse program efficiency, and providing tech- median incomes. City Health Center Tech Prep program nical assistance to districts. Third, S. In New York, the demand for busi- reduced the achievement gap between 250 adds a new State leadership incen- ness career and technical education ethnic groups—white versus non- tive grant I authored for school dis- programs increased by 44 percent be- white—to 2.8 percent. And at least 65 tricts and postsecondary institutions tween the 2002–2003 school year and the percent of students in the Syracuse that elect to pool their funds for inno- 2003–2004 school year. In New York City Health Careers Tech Prep program vative initiatives, including improving City, there was a 211-percent increase enroll in health-related professions, the professional development of career in enrollment in the approved business where New York has a critical short- and technical educators and estab- program and a 55-percent increase in age, after high school. In New York lishing and enhancing systems for ac- the technology and communications State, the average age of nurses is 47 countability data collection. programs. And the vast majority of and 80 percent of current nurses will I thank my colleagues, Senators KEN- these students are succeeding academi- reach retirement age within 10 years. NEDY and ENZI, and their staffs, for cally. Eighty-five percent of New York The Perkins program is extremely their work on this legislation and mov- students who completed a career and important—not just for the numbers of ing it toward final passage. technical education program passed all students it serves but for the commu- I am pleased to support this legisla- of the required regent’s exams. nities that benefit from a better pre- tion. A highly skilled workforce not The Carl D. Perkins Career and Tech- pared workforce as a result of these only grows our economy, but main- nical Education Improvement Act programs. This is why for the last 4 tains our Nation’s competitive edge in takes the next step in strengthening years I have spearheaded a bipartisan the world. I look forward to the Presi- career and technical education for the letter to the Senate Appropriations dent quickly signing this bill into 21st century. I am particularly pleased Committee requesting additional fund- law—which will hopefully signal a that this bill improves programs and ing for Perkins. Indeed, I hope that in turnaround in his support for Perkins services for women and girls pursuing this budget cycle we will continue to

VerDate Aug 31 2005 04:33 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JY6.106 S26JYPT1 ccoleman on PROD1PC71 with SENATE S8328 CONGRESSIONAL RECORD — SENATE July 26, 2006 provide adequate funding for the Per- Bank of the United States for a term expir- the leader hopes that we can continue kins program. ing January 20, 2009. to work on other measures as we proc- For all of these reasons, I am thrilled J. Joseph Grandmaison, of New Hampshire, ess this important energy security that Congress continues its strong sup- to be a Member of the Board of Directors of measure. the Export-Import Bank of the United States port for this critical program by pass- for a term expiring January 20, 2009. (Re- f ing this legislation today. appointment) Mr. BENNETT. I ask unanimous con- FEDERAL HOUSING FINANCE BOARD RECESS UNTIL 9:30 A.M. sent that the conference report be Geoffrey S. Bacino, of Illinois, to be a Di- TOMORROW agreed to and the motion to reconsider rector of the Federal Housing Finance Board Mr. BENNETT. Mr. President, if be laid upon the table and that any for a term expiring February 27, 2013. there is no further business to come be- statements be printed in the RECORD. FEDERAL RESERVE SYSTEM fore the Senate, I ask unanimous con- The PRESIDING OFFICER. Without Frederic S. Mishkin, of New York, to be a sent that the Senate stand in recess objection, it is so ordered. Member of the Board of Governors of the under the previous order. The conference report was agreed to. Federal Reserve System for the unexpired There being no objection, the Senate, f term of fourteen years from February 1, 2000. at 7:23 p.m., recessed until Thursday, EXECUTIVE SESSION DEPARTMENT OF THE TREASURY July 27, 2006, at 9:30 a.m. Edmund C. Moy, of Wisconsin, to be Direc- tor of the Mint for a term of five years. f EXECUTIVE CALENDAR DEPARTMENT OF EDUCATION CONFIRMATIONS Mr. BENNETT. Mr. President, I ask Lawrence A. Warder, of Texas, to be Chief Executive nominations confirmed by Financial Officer, Department of Education. unanimous consent that the Senate im- the Senate: Wednesday, July 26, 2006: mediately proceed to executive session Troy R. Justesen, of Utah, to be Assistant Secretary for Vocational and Adult Edu- REFORM BOARD (AMTRAK) to consider the following nominations cation, Department of Education. on today’s Executive Calendar: Nos. R. HUNTER BIDEN, OF DELAWARE, TO BE A MEMBER OF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE 771, 772, 774, 775, 776, 777, 778, 779, 780, YEARS. 781, 782, and 785. I further ask unani- Ronald S. Cooper, of Virginia, to be Gen- DONNA R. MCLEAN, OF THE DISTRICT OF COLUMBIA, TO eral Counsel of the Equal Employment Op- BE A MEMBER OF THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE YEARS. mous consent that the nominations be portunity Commission for a term of four confirmed en bloc, the motions to re- years. IN THE COAST GUARD consider be laid upon the table, and THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f that the President be immediately no- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DICATED UNDER TITLE 14, U.S.C., SECTION 271: tified of the Senate’s action, and then ORDERS FOR THURSDAY, JULY 27, To be rear admiral the Senate return to legislative ses- 2006 REAR ADM. (LH) GARY T. BLORE sion. Mr. BENNETT. Mr. President, I ask REAR ADM. (LH) JOHN P. CURRIER Before the Chair rules, I note for the unanimous consent that when the Sen- REAR ADM. (LH) JOEL R. WHITEHEAD record that with respect to Calendar ate completes its business today, it EXPORT-IMPORT BANK OF THE UNITED STATES No. 779, the Mishkin nomination, if a stand in recess until 9:30 a.m. on Thurs- JAMES LAMBRIGHT, OF MISSOURI, TO BE PRESIDENT vote were held, Senator BUNNING is op- OF THE EXPORT-IMPORT BANK OF THE UNITED STATES day, July 27. I further ask that fol- FOR A TERM EXPIRING JANUARY 20, 2009. posed to the nomination and would lowing the prayer and the pledge, the LINDA MYSLIWY CONLIN, OF NEW JERSEY, TO BE FIRST have been recorded as a ‘‘no’’ on con- VICE PRESIDENT OF THE EXPORT-IMPORT BANK OF THE morning hour be deemed to have ex- UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2009. firmation. pired, the Journal of the proceedings be J. JOSEPH GRANDMAISON, OF NEW HAMPSHIRE, TO BE The PRESIDING OFFICER. Without A MEMBER OF THE BOARD OF DIRECTORS OF THE EX- approved to date, the time for the two PORT-IMPORT BANK OF THE UNITED STATES FOR A objection, it is so ordered. leaders be reserved, and the Senate TERM EXPIRING JANUARY 20, 2009. The nominations considered and con- proceed to the consideration of S. 3711, FEDERAL HOUSING FINANCE BOARD firmed are as follows: the Gulf of Mexico Energy Security GEOFFREY S. BACINO, OF ILLINOIS, TO BE A DIRECTOR REFORM BOARD (AMTRAK) bill, as under the previous order. OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2013. R. Hunter Biden, of Delaware, to be a The PRESIDING OFFICER. Without Member of the Reform Board (Amtrak) for a objection, it is so ordered. FEDERAL RESERVE SYSTEM term of five years. FREDERIC S. MISHKIN, OF NEW YORK, TO BE A MEMBER f Donna R. McLean, of the District of Co- OF THE BOARD OF GOVERNORS OF THE FEDERAL RE- SERVE SYSTEM FOR THE UNEXPIRED TERM OF FOUR- lumbia, to be a Member of the Reform Board PROGRAM TEEN YEARS FROM FEBRUARY 1, 2000. (Amtrak) for a term of five years. Mr. BENNETT. Mr. President, today, DEPARTMENT OF THE TREASURY IN THE COAST GUARD we invoked cloture on the motion to EDMUND C. MOY, OF WISCONSIN, TO BE DIRECTOR OF The following named officers for appoint- proceed to the Gulf of Mexico Energy THE MINT FOR A TERM OF FIVE YEARS. ment in the United States Coast Guard to Security bill, and we have had a full DEPARTMENT OF EDUCATION the grade indicated under Title 14, U.S.C., LAWRENCE A. WARDER, OF TEXAS, TO BE CHIEF FINAN- Section 271: day of debate. Tomorrow, we will be on the bill and CIAL OFFICER, DEPARTMENT OF EDUCATION. To be rear admiral TROY R. JUSTESEN, OF UTAH, TO BE ASSISTANT SEC- Members are encouraged to come to RETARY FOR VOCATIONAL AND ADULT EDUCATION, DE- Rear Adm. (lh) Gary T. Blore the floor and speak. Again, this is a PARTMENT OF EDUCATION. Rear Adm. (lh) John P. Currier EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Rear Adm. (lh) Joel R. Whitehead very carefully crafted bipartisan bill. It is very targeted and will move us RONALD S. COOPER, OF VIRGINIA, TO BE GENERAL EXPORT-IMPORT BANK OF THE UNITED STATES COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY closer to energy independence. So we COMMISSION FOR A TERM OF FOUR YEARS. James Lambright, of Missouri, to be Presi- hope we can finish the bill at the ear- The above nominations were ap- dent of the Export-Import Bank of the United States for a term expiring January liest time. proved subject to the nominees’ com- 20, 2009, vice Philip Merrill, resigned. We have other important issues to mitment to respond to requests to ap- Linda Mysliwy Conlin, of New Jersey, to be address before we finish our work prior pear and testify before any duly con- First Vice President of the Export-Import to the August adjournment. Therefore, stituted Committee of the Senate.

VerDate Sep 11 2014 10:51 Jul 10, 2019 Jkt 000000 PO 00000 Frm 00118 Fmt 4624 Sfmt 9801 E:\JKALVESMAKI\SSN-JOYNER\OUTPUT\S26JY6.REC S26JY6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1533 EXTENSIONS OF REMARKS

RECOGNIZING THE 2006 TENNESSEE days after the church service, donating daily The Republicans of Austin County are a fis- STATE GOSPEL SINGING CON- salaries earned by picking cotton in the fields, cally sound and smart bunch of men and VENTION and even raffling off a bale of cotton. The con- women who care very deeply about America’s gregation has made many improvements to financial welfare. This is why we have their full HON. BART GORDON the church over the years and looks forward to support for tax cuts which keep more money OF TENNESSEE continuing these improvements in the future. in American pockets, and their support for leg- IN THE HOUSE OF REPRESENTATIVES A total of 2l preachers have served the First islation that has added more than 5 million Wednesday, July 26, 2006 Baptist Church of Pine City over the last 100 new jobs to our economy. Mr. Speaker, when we pass legislation to Mr. GORDON. Mr. Speaker, I rise today to years including the current pastor, Rev. I.E. help make our Nation more secure and pros- recognize the 2006 Tennessee State Gospel Holland, Sr., who has led the community in perous, we are doing so for people like my Singing Convention. For 72 years, this con- worship for 22 years. On August 13, 2006, the First Baptist Church of Pine City will gather to friends in Austin County, TX. vention has been celebrating the State’s rich When we develop new and cheaper ways to gospel singing tradition. This year, the two-day celebrate the l00th anniversary of their church community. I ask my colleagues in the U.S. power our homes and cars as we have in this event will be held in Carthage, TN, which I am Congress, we are doing so for people like proud to represent in this esteemed body. House of Representatives to join me in recog- nizing the congregation on this important day those living in Austin County. This statewide convention began in 1934 So Mr. Speaker, it is my hope you will join with the goal of honoring Tennessee’s histor- and sending our best wishes for many more years of worship and service to the Lord. me tonight in honoring those hard working and ical roots in the gospel movement. By building God fearing people of Austin County, TX’s f on traditions of county music festivals, the GOP. convention drew a crowd of more than 6,000 TRIBUTE TO AUSTIN COUNTY Each day they work very hard to help the people just 4 years later. REPUBLICANS Members of this body keep the United States Since then, the festival has drawn several a secure and prosperous nation, and for that noted performers from across Tennessee and they deserve our continued appreciation. surrounding States. Along with quality enter- HON. MICHAEL T. McCAUL OF TEXAS f tainment, the convention also boasts a string IN THE HOUSE OF REPRESENTATIVES of acclaimed leaders, including Sergeant Alvin CONDEMNING THE RECENT AT- C. York, who once served as vice president of Wednesday, July 26, 2006 TACKS AGAINST THE STATE OF the convention. Mr. MCCAUL of Texas. Mr. Speaker, I rise ISRAEL Today, the Tennessee State Gospel Singing tonight to honor the great County of Austin in SPEECH OF Convention draws hundreds of people and my home State of Texas. continues to honor the tradition of gospel There are few places in our great Nation HON. MICHAEL E. CAPUANO music in Tennessee. I am sure this year’s where the people of one county take such OF MASSACHUSETTS convention will be a wonderful event and I pride and interest in their politics and the IN THE HOUSE OF REPRESENTATIVES commend all involved for their commitment to issues which affect their lives. Austin County Wednesday, July 19, 2006 preserving Tennessee culture. is one of those few and special places. Mr. CAPUANO. Madam Speaker, I voted in I am particularly fortunate to represent the f favor of H. Res. 921. The recent attacks Republicans of Austin County. It is from this against the State of Israel should be con- IN HONOR OF THE FIRST BAPTIST special group of people that I am able to gain demned and terrorists and their state sponsors CHURCH OF PINE CITY’S 100TH insight and perspective on the issues we deal should be held accountable. I supported this ANNIVERSARY with everyday right here in our Nation’s Cap- resolution because I believe that Israel, as a itol. HON. MARION BERRY This exceptional community of loyal Ameri- sovereign democratic state, has the right to defend herself against aggression. Further- OF ARKANSAS cans strongly supports America’s efforts more, the attacks on Israel came from Hamas IN THE HOUSE OF REPRESENTATIVES against terrorism, both at home and abroad in in Gaza and Hezbollah in Lebanon, lands from Wednesday, July 26, 2006 places like Iraq and Afghanistan. The Republicans of Austin County also re- which Israel had withdrawn in the interests of Mr. BERRY. Mr. Speaker, I rise here today spect the traditional and American values that peace. to recognize the First Baptist Church of Pine we work so hard to protect here in Wash- However, I do have deep concerns about City which will celebrate its l00th anniversary ington. the scale of the Israeli response. I mourn the this August. This is a significant milestone for In Austin County, they know marriage is be- loss of life among all the suffering peoples of a church community dedicated to fellowship tween one man and one woman, and they the region. We must actively work towards a and service. know the words ‘‘Under God’’ belong in the peaceful solution to this crisis. I do not believe that my vote in favor of this The First Baptist Church of Pine City was Pledge of Allegiance to the flag which flies resolution provides President Bush with the founded in 1906 under the guidance of Rev. over our great land. John Smith. The congregation spent the first Austin County Republicans also appreciate authority to take direct military action against decade worshiping in temporary locations and understand the need to secure America’s Lebanon, Syria, Iran or any other nation in- throughout Pine City, including a brush harbor borders. I know when we discuss real ways to volved and my vote should not be interpreted on Rev. Smith’s farm, the Beaten School, and solidify the security of our borders, this Con- as a vote in favor of such action. I insist that even an old house. The church community fi- gress has the full support of the Austin County the President seek congressional approval if nally bought land for a church on November 4, GOP. at any point he intends to take military action. 1916 from Parker C. and Georgia Ewans for I know we have their backing when we ex- f just $10.00. Once the sale was finalized, the plore ways to stop the growing problem of ille- PERSONAL EXPLANATION congregation came together to build a church, gal immigrants breaking into our Nation. pitching in to cut down trees and haul lumber And, I know the elected leaders of our land HON. JULIA CARSON from the saw mill. have the support of Austin County Repub- OF INDIANA When the congregation outgrew this facility licans when we pass laws aimed at providing IN THE HOUSE OF REPRESENTATIVES in 1954, the community came together once legal citizens with America’s social services, again to build the current First Baptist Church and not those in our Nation illegally. Wednesday, July 26, 2006 of Pine City. Members raised money for the But it’s not just about immigration and pro- Ms. CARSON. Mr. Speaker, I was unable to new building by selling dinner plates on Sun- tecting America’s values. record my rollcall vote 397. Due to a fender

∑ 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 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.001 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1534 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 bender on my way to votes, I was unable to Elizabeth Agbabian, Cesar Baez, Vartkes WELCOMING IRAQI PRIME MIN- record my rollcall votes 400–402. Had I been Barsam, Harry E. Bovay, Jr., Dawn Bryan, ISTER AL-MALIKI TO WASH- present I would have voted ‘‘yes’’ on all votes. Fredy Bush, Joseph R. Calabrese, M.D., INGTON f Tykye Camaras, Charles Carey, Edmund N. Carpenter II, Josip Cermin, Vahan Chamlian, A TRIBUTE TO THE 2006 ELLIS IS- HON. JOE WILSON Yong Jin Chang, George Chimples, Benjamin LAND MEDAL OF HONOR RECIPI- OF SOUTH CAROLINA B. Choi, Esq., Dr. Deepak Chopra, Maxine ENTS IN THE HOUSE OF REPRESENTATIVES Chou, Richard Corkery, Frank Corvino, Rita Cosby, John R. Costantino, Robert E. Wednesday, July 26, 2006 HON. DAN BURTON Courtney, Esq., Ed Cox, Long Deng, Vlade Mr. WILSON of South Carolina. Mr. Speak- OF INDIANA Divac, Kathleen M. Donahue, Ali Ebrahimi, er, just 31⁄2 years ago, Iraq was controlled by IN THE HOUSE OF REPRESENTATIVES George Elias Jr., Nijad Fares, BG Margrit M. a brutal dictator who killed an average of 300 Wednesday, July 26, 2006 Farmer, Lu-Jean Feng, MD, Siegfried people a day. Iraq has now been liberated, Mr. BURTON of Indiana. Mr. Speaker, I rise Fischbacher, Col. David Fitzgerald, Aldo G. and a fledgling democracy has taken root. The today to congratulate the 2006 recipients of Frustaci, Esq., Fred Grapstein, C. Joseph Iraqi people—in the face of terrorist threats— the Ellis Island Medal of Honor. This medal— Grignaffini, Sang-Ki Han, William Hanna, Rich- turned out in droves to ratify a constitution and created in 1986—aptly named for Ellis Island, ard Hayden, Roy Horn, Mori Hosseini, Jirair S. elect their representatives. Today, this Con- an enduring symbol of the diversity that char- Hovnanian, Irwin Jacobs, Chief Joanne Jaffe, gress and the American people have heard acterizes our great Nation, commemorates Thomas F. Kane, Kathleen Kennedy Town- from the democratically elected leader of Iraq, and recognizes Americans of all ethnic back- send, Charles Evans Kilbourne III, Kwang Prime Minister Nouri al-Maliki. grounds who have made significant contribu- Sung Kim, Peter Koo, Nat LaCour, Shau-wai I am grateful for the Prime Minister’s ad- tions through their own perseverance and sac- Lam, Dean Lampros, Thomas D. Lee, Hon. dress, as I appreciate his message of hope rifice to our society and culture. By honoring John Lehman, George G. Makris, Roberta and progress. The training of Iraqi Security these outstanding individuals, we honor all Mann, Hon. Rafi Manoukian, Col. Rick Martin, Forces is advancing rapidly. The parliamentary who share their origins and we acknowledge Ronald Martino, Jamie Masada, Fariborz cabinet has been completed. Iraq has become the contributions they and other groups have Maseeh, Martin G. McGuinn, Dr. Navin C. a civil society. made to America. Mehta, Jose Mejia, Edward Miller, Hamid Having visited Iraq six times, I have wit- The Ellis Island Medal of Honor is presented Moghadam, VADM Kevin J. Moran, Dr. Navin nessed firsthand the progress being made. annually by the National Ethnic Coalition of Nanda, Luke Nasta, Frank Newell, MD, Wil- While there is still a long road ahead, the Organizations (NECO), representing more liam C. Norris, Antranig M. Ouzoonian, Dinesh United States will continue to stand with the than 250 organizations that span the spectrum Patel, Hon. Tim Pawlenty, RADM David Iraqi people which protects American families. of ethnic heritages, cultures and religions. Pekoske, Fred Pezeshkan, Mark Pigott, Rob- We will together make Iraq the graveyard of Since 1986, approximately 1,700 American ert Price, Hon. Thomas Ridge, Imelda Rob- terrorists. citizens have received Ellis Island Medals of erts, Col. Angela Salinas, Frank Sciame, In conclusion, God bless our troops, and we Honor, including six American Presidents, sev- Niranjan Shah, John Shall, Thomas Nunziato will never forget September 11th. eral United States Senators, Congressmen, Shannon, Jr., Dr. Hosein Shokouh-Amiri, Dr. f Nobel Laureates, outstanding athletes, artists, Grace Shu, Dr. William T. Smith, Bruce A. clergy, and military leaders. Collectively they Smith, Lewis T. Smoak Esq., Klaus-Peter COMPETITION represent a remarkable fraternity of individuals Statz, Mitchell Steinhause, Michael Stern, who have distinguished themselves as out- Martin J. Sullivan, Ramon M. Tallaj, MD, Dr. HON. JO BONNER standing human beings and exemplary citi- William Tansey III, Michael Tong, Rev. Nich- OF ALABAMA zens of the United States. In addition, NECO olas Triantafilou, Lester Trilla, Manny IN THE HOUSE OF REPRESENTATIVES awards one International Ellis Island Medal of Villafana, and Walter Wang. Wednesday, July 26, 2006 Honor each year. This year’s international honoree was Martin J. Sullivan, President and f Mr. BONNER. Mr. Speaker, I rise today to Chief Executive Officer of American Inter- talk about the value of competition in our De- national Group, Inc. Mr. Sullivan is British. CELEBRATING HUGO, partment of Defense acquisition process. With- When the immigrant station at Ellis Island, MINNESOTA’S CENTENNIAL out competition in the acquisition process we New York, opened on January 1, 1892, it ad- have no choices. Without competition, innova- mitted 700 immigrants into the United States tion does not exist. Without competition we on just its first day of operation. By the time HON. MARK R. KENNEDY have no bargaining position relative to costs. the center closed in 1954, 17 million immi- OF MINNESOTA Without competition the capability of our mili- grants had passed through its doors. The Ellis tary stagnates. Island administration and staff, on average, IN THE HOUSE OF REPRESENTATIVES Some would argue that we must protect our processed up to 5,000 people per day. Many Wednesday, July 26, 2006 industrial base. I would suggest that competi- of these newcomers had little or no knowledge tion does that very thing. We live in a global of English, hardly any money, and many ar- Mr. KENNEDY of Minnesota. Mr. Speaker, I economy and, when U.S. industry does not rived with only the clothes on their backs. rise today to recognize the centennial anniver- produce competitive products, our industrial They arrived risking their lives in exchange for sary of the city of Hugo, Minnesota, located in base suffers. It is true in virtually every indus- freedom and a better way of life. my district. try. I, once again, commend NECO and its Originally settled on a small plot of land in If we are to continue to procure the best Board of Directors headed by my good friend, the 1850s, the town of Hugo was formally es- military equipment for best value the taxpayer Nasser J. Kazeminy, for honoring these truly tablished in 1906 around a railroad and a post dollar can afford, we must preserve the com- outstanding individuals for their tireless efforts office. petitive process. In today’s global economy that means we must not shy away from our al- to foster dialogue and build bridges between Although its beginnings were modest, by lies’ participation. Rather we should learn the different ethnic groups, as well as promote 1917, this small town, populated by residents lessons of the commercial sector and embrace unity and a sense of common purpose in our who made their living cutting and hauling the value of their partnership. Nation. As Rosemarie Taglione, Executive Di- wood to the railroad, had its own hotel, store, Ultimately, what does competition mean? It rector of NECO, so eloquently said in connec- and school, and had begun to build its reputa- means a fair and open competition through an tion with this year’s awards ceremony: tion for quality agriculture. ‘‘NECO’s message of tolerance and harmony objective, quantifiable process. Secretary among diverse ethnic groups is, perhaps, One hundred years later, Hugo has re- Rumsfeld for 6 years has espoused a capabili- even more important today than it was 20 mained true to its roots, and is still known for ties based acquisition process. It is time to years ago.’’ its commitment to its rich farmland. execute those words and follow the docu- Mr. Speaker, I ask all of my colleagues to Mr. Speaker, I am pleased to join the resi- mented process. join me in recognizing the good works of dents of Hugo in celebrating its first one hun- Air refueling is the key enabler to our global NECO, and congratulating all of the 2006 re- dred years. It is solid communities like this military might and we need to get the competi- cipients of the Ellis Island Medals of Honor. which make Minnesota great. tion for the KC–135 Replacement program

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.005 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1535 right. That means the Defense Acquisition event held at Antioch Missionary Baptist the event of a homeland security event, the System needs to prove that its selection proc- Church of Carol City. President can provide grants for lost tax rev- ess understands capabilities-based evaluation Rev. Lewis represents the vocation of a enue, aid to school systems, and assistance and appropriately weighs the system’s key Good Shepherd who attends to his flock in to medical facilities and utility companies. The performance parameters. Otherwise, we’ll ways we can never fathom. As Executive Pas- bill also establishes guidelines to ensure the never know whether the competition was a tor and Chief Ministerial Officer, he exudes the public health of area residents and disaster true competition and whether our warfighters knowledge and pragmatism of a man who is workers. have received the best possible capability. capable of making good things happen in the Specifically this legislation would do the fol- f corporal world while also teaching the ways of lowing: God. He has tirelessly worked to enlighten our COMMUNITY PROTECTION AND RESPONSE ACT OF 2006 TRIBUTE TO CINDY CREAMER community on the agenda of spiritual wisdom (CPR) and good governance impacting our duties EXPANSION OF DEFINITIONS IN THE STAFFORD ACT/ HON. CHRIS VAN HOLLEN and responsibilities to the less fortunate. AMENDMENTS TO EXISTING STATUTES OF MARYLAND Rev. Lewis’ timely and persevering leader- 1. Expands the definition of ‘‘major disaster’’ IN THE HOUSE OF REPRESENTATIVES ship at Antioch Missionary Baptist Church of to include terrorist attacks, dispersions of ra- Carol City is genuinely commendable. As a Wednesday, July 26, 2006 dioactive or other contaminants, dispersion of man of God and as a community leader, he hazardous substances, or other catastrophic Mr. VAN HOLLEN. Mr. Speaker, I rise today has indeed earned our deepest respect and event. to honor Col. Cindy Creamer, a thirty-year vet- admiration. 2. In the event of a homeland security event eran of the City of Takoma Park Police De- We congratulate Reverend Lewis and thank expands definition to include private for-profit partment, on the occasion of her retirement. him for his many years of service in the Vine- utilities (including power, water, telecommuni- As an officer and police chief, Col. Creamer yard of the Lord. He continues to teach us to cations and phone services). has worked tirelessly over the past three dec- live by the noble ethic of loving God and by 3. Defines ‘‘Homeland Security Event’’ as a ades to ensure the safety and security of Ta- serving our fellow human beings, and our fer- major disaster that poses a significant risk to koma Park residents, and her dedication to vent hope is for his continued health and suc- the people and property of the Nation and it is this vital task deserves our sincere gratitude cess as be begins his fourth decade of serv- such severity and magnitude that effective re- and appreciation. ice. sponse is beyond the capability of the affected Sworn in as a police officer on her 21st f State and local government. Designation re- birthday, Chief Creamer served in every divi- quested by Governor and made by President. INTRODUCTION OF THE COMMU- sion of the Takoma Park Police Department. 4. Changes definition of critical services to NITY PROTECTION AND RE- She began her career as a Communications include education systems, providers of coun- SPONSE ACT Dispatcher in 1976, then went on to serve in seling assistance, and providers of assistance and eventually command both the patrol and to the homeless. criminal investigation divisions. Chief Creamer HON. CAROLYN B. MALONEY 5. Removes $5 million restriction for loans was selected as Officer of the Year in 1980 OF NEW YORK as a result of lost taxes or other revenues. while serving as a patrol officer, and she re- IN THE HOUSE OF REPRESENTATIVES Forgives interest in the event of a Homeland ceived the honor again in 1990 for her criminal Wednesday, July 26, 2006 Security Event. investigating skills. As the first female ser- 6. Removes requirement of ‘‘direct’’ impact geant and lieutenant in the agency, she re- Mrs. MALONEY. Mr. Speaker, today I am for assistance. introducing the Community Protection and Re- ceived numerous other honors, including Su- HOMELAND SECURITY EVENTS NEW AUTHORITIES GIVEN sponse Act of 2006 to eliminate confusion in pervisor of the Year. TO THE PRESIDENT terrorist prevention and response. Chief Creamer has served the residents of After declaration, the President is author- One of the major lessons learned in the the City of Takoma Park and Montgomery ized, but not required, to do the following: aftermath of the September 11th attacks is County with dedication and commitment. She 1. Establish a coordinating office and ap- that timely response is critical. Any delay com- has made a difference in the quality of life point a Disaster Recovery Director. plicates short-, medium-, and long-term recov- throughout our county. Although she is retiring 2. Reimburse State and local governments ery efforts. Sadly, many of the lessons that we from active duty on the Takoma Park police to respond to high security alerts. have learned have gone without an appro- force, I am delighted that Chief Creamer will 3. Provide grants to local governments priate response. continue to serve our community as deputy which may suffer a loss of tax and other reve- In response to the attacks of September chief for patrol at the WSSC Police Depart- nues. 11th, Congress took a series of actions to ment. I am confident that her many years of 4. Reimburse school systems for lost in- bring relief to affected areas. These legislative active experience will ensure her success in structional time, mental health and trauma actions along with existing statutes, including this role. counseling and clean up cost. the Robert T. Stafford Relief and Emergency Mr. Speaker, I am pleased to represent 5. Authorizes EPA to perform all indoor air Act and the Disaster Mitigation Act of 2000, Chief Cindy Creamer in the U.S. Congress testing and undertake remedial actions. and to extend my congratulations and thanks formed the framework for the Federal Govern- STANDARDS AND REPORTING to her for her service to our community. ment’s response. The magnitude of the at- Directs OMB to establish standards for re- f tacks and the need for Congress to take ac- tion before certain relief could be delivered porting disaster relief efforts regarding each TRIBUTE TO THE REV. G. VINCENT added to the challenge of the recovery efforts agency that assists in disaster relief efforts fol- LEWIS, CHIEF MINISTERIAL OF- and exposed critical weaknesses in Federal lowing a homeland security event. Reports FICER AND EXECUTIVE PASTOR authority to respond. such data to Congress. OF ANTIOCH MISSIONARY BAP- The Community Protection and Response MONITORING OF HEALTH RISKS TIST CHURCH OF CAROL CITY Act would amend the Stafford Act along with 1. Instructs President to appoint a special other statutes and would give the President a commission to study the authorities available HON. KENDRICK B. MEEK series of policy options to choose from fol- to the Environmental Protection Agency (EPA) OF FLORIDA lowing a homeland security event. A homeland following a homeland security event. Including IN THE HOUSE OF REPRESENTATIVES security event is defined as an event that the monitoring of the environment. poses a significant risk to the security of peo- 2. Works with the EPA and the Centers for Wednesday, July 26, 2006 ple and property and is in such a magnitude Disease Control (CDC) to develop guidelines Mr. MEEK of Florida. Mr. Speaker, I rise to that effective response is beyond the scope regarding health risks for affected areas and pay tribute to one of our community’s most and capability of the affected State and local instructs the CDC to provide information in the outstanding and experienced church leaders, government. Many of these options are based case of biological materials. the Rev. G. Vincent Lewis, Executive Pastor on congressional action following September 3. Provides for standardization, rapid collec- of Antioch Missionary Baptist Church. The 11th or other policy suggestions in reports by tion and analysis, and communication fol- members and supporters of the congregation the Congressional Research Service, the Gen- lowing a homeland security event. celebrated the 30th Anniversary of his pas- eral Accounting Office and the New York 4. Authorizes the Secretary of Health and torate on Sunday, July 23, 2006, in a happy branch of the Federal Reserve. Specifically, in Human Services to make awards to private

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.009 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1536 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 entities to collect health data in the aftermath leadership of the organization for the achieve- cleanup of a rocket fuel additive that has con- of an event. These awards can be made in ments and accomplishments made thus far. taminated groundwater supplies in the Santa advance of the event for immediate response. On this historic occasion let us march forth to Ana watershed, namely, the Rialto-Colton f lay the groundwork for another 100 years. basin and the Chino basin. f Cities in the Inland Empire of Southern Cali- SUPPORT FOR THE BREAST CAN- fornia are closing their groundwater wells due CER PATIENT PROTECTION ACT IN HONOR OF REVEREND RICHARD to contamination from this fuel and explosive KEVIN BARNARD called perchlorate. HON. LUIS FORTUN˜O This chemical is a volatile organic com- OF PUERTO RICO HON. MICHAEL C. BURGESS pound and has been found to be harmful to IN THE HOUSE OF REPRESENTATIVES OF TEXAS thyroid function. From most accounts, 90 percent of per- Wednesday, July 26, 2006 IN THE HOUSE OF REPRESENTATIVES chlorate in water comes from a federal source, Mr. FORTUN˜ O. Mr. Speaker, today I ex- Wednesday, July 26, 2006 primarily from former military sites and other press my strong support for H.R. 1849, the Mr. BURGESS. Mr. Speaker, today I rise to Department of Defense installations. Breast Cancer Patient Protection Act. Breast welcome my pastor, Reverend Richard Kevin Three hundred nineteen groundwater wells cancer adversely affects hundreds of thou- Barnard. I am honored Father Barnard is here are impacted in California alone—78 of them sands of American women and their families today to lead us in glory and praise of our Al- in my district. each year. Introduced by Representatives SUE mighty. Reverend Barnard has served as Rec- This bill includes a similar provision for con- KELLY and ROSA DELAURO, this bill would re- tor of The Chapel of the Cross—a Reformed tamination in Representative POMBO’s region. quire that health plans provide coverage for a Episcopal Church—since July of 1989. He has Perchlorate doesn’t just affect the drinking minimum hospital stay for mastectomies, also served Reformed Episcopal Congrega- water supply, but our food supply as well. A lumpectomies and lymph node dissection for tions in New Jersey and New York. 2003 study found perchlorate in lettuce grown the treatment of breast cancer and coverage Before coming to The Chapel, Father Bar- in areas where the water supply is contami- for secondary consultations. H.R. 1849, in nard was Director of Communications for the nated with perchlorate. conjunction with its Senate companion bill, S. International Bible Society, which was then lo- And, perchlorate has even been found in 901, represents an important bicameral effort cated in East Brunswick, NJ. In that capacity milk. to improve and ensure the health of American he was a regular participant in the monthly Hardworking families in my region, which women. White House Forum for Religious Organiza- has and has had large military and aerospace I strongly believe that H.R. 1849 is a valu- tions during the Reagan Administration and facilities, are not at fault and should not have able tool to provide effective health care and represented the Bible Society at public and to pay for a federally created problem. recovery support to those impacted by breast private events, traveling to Central America, The communities I represent cannot afford cancer. Europe, Africa and Asia. costly toxic cleanup and the alternative is no better. f Father Barnard is the author of two books and numerous articles, and is also a Past Cities are being forced to raise water rates HONORING THE ALPHA PHI ALPHA Master of Roy Stanley Masonic Lodge in Dal- to outrageous levels, forgo dust control on FRATERNITY ON THE OCCASION las. highways to meet Clean Air Act requirements, OF ITS 100TH ANNIVERSARY Before becoming a Reformed Episcopalian, and to truck in water from other regions. the Reverend Barnard was a Baptist pastor, The region I represent in California is SPEECH OF serving congregations in Missouri, Florida and ground zero for this contamination and the HON. DAVID SCOTT Tennessee. He is a graduate of Baptist Bible Federal Government needs to step up and College, Springfield, MO, and holds the Mas- take responsibility. OF GEORGIA Including my bill as a provision to S. 203 will ter of Divinity Degree from Cummins Theo- IN THE HOUSE OF REPRESENTATIVES go a long way to protect children and elderly logical Seminary, a Reformed Episcopal semi- Tuesday, July 25, 2006 in California from dangerous health risks. nary in Summerville, SC. The House of Representatives has already Mr. SCOTT of Georgia. Mr. Speaker, it is an Father Barnard is married to the former twice passed H.R. 18 and I am glad the Sen- honor and special privilege to address this Miss Paula Ann Henderson of Fort Worth, TX. ate has moved forward in approving my legis- great body on such an auspicious occasion. They have four children and two grand- lative proposal. The Centennial Convention of Alpha Phi Alpha children. Their youngest son, Adam, is cur- The communities in my district need this as- Fraternity, Inc., commenced yesterday, mark- rently serving aboard in USS Los Angeles sistance, and I urge my colleagues to please ing 100 years from the fraternity’s founding in (SSN 688), stationed at Pearl Harbor. support S. 203 and the many important provi- Ithaca, NY, at Cornell University. This week in Father Barnard’s gracious presence and sions and bills included therein. Washington, DC, men from every discipline true dedication to the work and word of Christ and geographic location convene to chart and is an instrumental part of my life. He guides f plan for the fraternity’s future, celebrate its his flock diligently and challenges us to remain RECOGNIZING THE BETHLEHEM 100th anniversary, and reinvigorate its found- faithful to pursuing our walk with Christ daily. CENTERS OF NASHVILLE AS ONE ing principles, scholarship, fellowship, good I am thankful for his leadership and his pres- OF THE TOP RATED CHILD CARE character, and the uplifting of humanity. ence here today. It is truly and honor. CENTERS IN THE COUNTRY As a proud member of this fraternity, I feel f special esteem in recognizing the historical HON. JIM COOPER significance of the centennial anniversary of NATIONAL HERITAGE AREAS ACT OF TENNESSEE Alpha Phi Alpha Fraternity, Inc. I joined the OF 2006 IN THE HOUSE OF REPRESENTATIVES ranks of Alpha Phi Alpha Fraternity, Inc., as an undergraduate student at Florida A&M Uni- SPEECH OF Wednesday, July 26, 2006 versity to follow in the footsteps of many great HON. JOE BACA Mr. COOPER. Mr. Speaker, today I wish to men before me, such as W.E.B. DuBois, OF CALIFORNIA recognize Bethlehem Centers of Nashville and Adam Clayton Powell, Jr., Edward Brooke, IN THE HOUSE OF REPRESENTATIVES express my heartfelt congratulations on their Martin Luther King, Jr., Thurgood Marshall, fourth year to receive a three-star rating from Andrew Young, William Gray, and Paul Robe- Monday, July 24, 2006 Tennessee Department of Human Services for son. Mr. BACA. Madam Speaker, I rise in strong their child care services. I am pleased to join with the entire House support of S. 203, the National Heritage Areas Founded in 1894 as the United Methodist in recognizing the fraternity’s 100th anniver- Act. This bill contains a small package of re- Neighborhood Centers, today the Bethlehem sary with the passage of H. Con. Res. 384, source conservation and management bills, in- Centers of Nashville serve thousands of chil- ‘‘Recognizing and honoring the 100th anniver- cluding the Senate passed version of one of dren, young adults, adult women and senior sary of the founding of the Alpha Phi Alpha my bills—H.R. 18, the Southern California citizens in the North Nashville and downtown Fraternity, Incorporated, the first intercollegiate Groundwater Remediation Act. neighborhoods. Bethlehem Centers provide a Greek-letter fraternity established for African The Southern California Groundwater Re- variety of services designed to support individ- Americans.’’ I commend my brethren and the mediation Act will fund $25 million for the uals regardless of their economic background.

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.013 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1537 With the goal of helping individuals toward D.C. Martin Luther King, Jr. National Memorial sonal Protection Act. This legislation would en- becoming strong, independent and contrib- Project Foundation which was authorized by sure that gun owners’ second amendment uting members of their family and community, President Clinton in 1998. rights are not compromised in times of natural Bethlehem Centers provide Nashvillians with Alpha Phi Alpha has two chapters in and disaster. I am pleased to lend my strong sup- life skills training, tutoring, nutrition counseling, around my district in central New Jersey, the port to this measure as it is considered today. senior outreach programs, business and ca- Sigma Xi Chapter at Monmouth University and The Disaster Recovery Personal Protection reer training, GED preparation, mentoring, and the Delta Iota Chapter at Rutgers University. I Act addresses a problem brought to light in even daily hot lunches. am proud of the role they play in enriching the aftermath of Hurricane Katrina. In the In addition to these community programs, their surrounding communities. wake of Hurricane Katrina and the resulting Bethlehem Centers have earned a three-star From its origins as a social network for Afri- flood, federal and local law enforcement offi- rating for their high quality child care services can-American college students to its con- cials confiscated the firearms of numerous from the Tennessee Department of Human tinuing philanthropic efforts, Alpha Phi Alpha is law-abiding individuals. Those actions were Services. This is their fourth year to receive indeed worthy of recognition and I am proud entirely unjustified. This injustice must not be the highest rating awarded by the State and to to stand in support of this resolution. repeated elsewhere. be placed among the top rated child care cen- f By prohibiting federal, state, or local law en- ters in the Nation. forcement officers from seizing legally-owned TRIBUTE TO NATIONAL firearms which have in no manner been mis- I am proud to send my heartiest congratula- RECREATION AND PARKS MONTH tions to Bethlehem Centers’ Joyce Searcy and used during national emergencies, this legisla- tion would prevent a repeat of the abuse of all the dedicated staff members who have emergency powers that followed Hurricane committed themselves to bettering Nashville’s HON. DANIEL LIPINSKI OF ILLINOIS Katrina. communities. IN THE HOUSE OF REPRESENTATIVES The government should never confiscate le- I join with everyone in Tennessee’s Fifth Wednesday, July 26, 2006 gally-purchased and properly used firearms District in applauding the Bethlehem Centers from law-abiding citizens. Whether natural dis- of Nashville for all that they do for the commu- Mr. LIPINSKI. Mr. Speaker, I rise today to asters occur or not does nothing to alter this nity and I commend everyone at Bethlehem honor the essential contributions of employees reality: lawful gun owners have the Centers of Nashville who make it a special and volunteers across the country and abroad unalienable right to possess and transport place to learn, play and grow. who maintain our nation’s public parks and their firearms. f recreation facilities. In addition, I would like to H.R. 5013 would not restrict the ability of commemorate National Recreation and Parks HONORING THE ALPHA PHI ALPHA law enforcement officials to confiscate stolen Month, celebrated annually since 1984 firearms or to act when firearms are used in FRATERNITY ON THE OCCASION throughout the month of July. The purpose of an unlawful manner. OF ITS 100TH ANNIVERSARY National Recreation and Parks Month is not In the aftermath of the hurricane, the ab- only to celebrate the start of summer pro- SPEECH OF sence of an established policing force allowed grams but also to advocate for parks and criminals to loot business and threaten rescue HON. RUSH D. HOLT recreation by encouraging communities to en- workers and residents of the city. Many indi- OF NEW JERSEY gage in outdoor physical activities and volun- viduals looted gun stores and other places of IN THE HOUSE OF REPRESENTATIVES teering. business which sell firearms. As with any sto- Recently, I have undertaken a bipartisan Tuesday, July 25, 2006 len property, these stolen firearms should be proposal to stop the dumping of sewage into confiscated, and the individuals who stole Mr. HOLT. Mr. Speaker, I rise in support of the Great Lakes. Initiatives like these are only them and misused them for crimes should be H. Con. Res 384, recognizing and honoring the beginning. Through the efforts of Congress punished. the 100th anniversary of the founding of the and the National Recreation and Park Asso- Law enforcement officials, however, seized Alpha Phi Alpha Fraternity, Incorporated, the ciation, America moves toward a brighter hori- thousands of firearms from law-abiding citi- first intercollegiate fraternity established for Af- zon in environmental policy. National Recre- zens. During the lawlessness and disorder of rican-Americans. ation and Parks Month is an important occa- the disaster, the law-abiding citizens of the re- From the first literary fraternity, Phi Beta sion to remind us of our dedication to the gion needed to be able to arm themselves and Kappa, founded in 1776 at the College of Wil- preservation of the environment, and serves defend their families and property against liam and Mary through the subsequent devel- as an aide-me´moire for all Americans to enjoy criminals. The seizing of these individuals’ fire- opment of social fraternities starting with the natural wonders of our nation. arms left them defenseless in the chaos fol- Kappa Alpha in 1825, college fraternities have As a member of the National Parks Caucus, lowing the hurricane. This legislation protects sought to foster close friendship and personal it is my honor to recognize the collective ef- the second amendment rights of citizens when development. forts of volunteers and staff alike whose con- that right to self-defense is needed most. In the early 20th century, Black students tributions and involvement with the nation’s The Disaster Recovery Personal Protection were often excluded from the social organiza- public parks and recreation facilities continue Act is a common sense measure to prevent tions at many colleges and universities. Alpha to shape American communities as well as the the confiscation of firearms from citizens who Phi Alpha was founded in 1906 at Cornell Uni- environment. Today, we celebrate the National have committed no crime, and I strongly urge versity in Ithaca, NY, to provide associations Recreation and Park Association’s accom- my colleagues to approve it. and support among African-American stu- plishments and persistent efforts to preserve f dents. With its cardinal principles of ‘‘Manly our environment and show appreciation for the TRIBUTE TO CORA T. WALKER Deeds, Scholarship and Love for All Mankind,’’ nation’s public parks and recreation facilities. over 175,000 men have been initiated into the The NRPA’s initiative, along with support pro- fraternity and there are now over 700 chapters vided by volunteers and staff, truly sow the HON. BENNIE G. THOMPSON worldwide. Among its membership are a num- seeds for communal growth. Such achieve- OF MISSISSIPPI ber of prominent figures such as Martin Luther ments deserve recognition not just during this IN THE HOUSE OF REPRESENTATIVES King, Jr., Jesse Owens, Thurgood Marshall month, but at every opportunity throughout the Wednesday, July 26, 2006 year. and our colleague CHARLES RANGEL. Mr. THOMPSON of Mississippi. Mr. Speak- Aside from the lasting friendships that many f er, I would like to honor the life and legacy of young men have found within the fraternity, DISASTER RECOVERY PERSONAL Ms. Cora T. Walker. Cora Thomasina Walker Alpha Phi Alpha has dedicated itself to a num- PROTECTION ACT OF 2006 was born on June 20, 1922, in Charlotte, N.C., ber of philanthropic programs. Alpha works one of nine children of William and Benetta closely with organizations such as Head Start, SPEECH OF Jones Walker. The family moved to the Bronx Big Brothers Big Sisters of America, the when she was a child. When she was an ado- NAACP and Habitat for Humanity. Alpha Phi HON. RICK BOUCHER OF VIRGINIA lescent, her parents separated, leaving her, Alpha has also created a number of its own IN THE HOUSE OF REPRESENTATIVES her mother and her siblings dependent on programs such as the Go-To-High-School, Go- public assistance. To-College program and ‘‘A Voteless People Tuesday, July 25, 2006 After graduating from James Monroe High is a Hopeless People.’’ Alpha Phi Alpha also Mr. BOUCHER. Mr. Speaker, I rise in sup- School in the Bronx, Ms. Walker promptly in- submitted the request for The Washington, port of H.R. 5013, the Disaster Recovery Per- formed the Welfare Department that their help

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.018 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1538 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 was no longer required: she would support the The area of Overton County was originally RECOGNIZING THE COMMUNITY OF family. She took a night job as a teletype op- encompassed in North Carolina as part of the BURNS, KANSAS erator with Western Union and also sold 13 original colonies. The location was ideal for Christmas cards. settlers due to its fresh water, fertile soil, HON. JERRY MORAN At the same time, Ms. Walker was enrolled abundant wild game and moderate climate. OF KANSAS at St. John’s University, then in Brooklyn, in a The area had been a heralded Native Amer- IN THE HOUSE OF REPRESENTATIVES special 6-year program in which students ican hunting ground for many years. Wednesday, July 26, 2006 earned both a bachelor’s degree and a law As the community grew and prospered, the degree. She received a bachelor’s degree in General Assembly of Tennessee named the Mr. MORAN of Kansas. Mr. Speaker, I rise accounting from St. John’s in 1945 and a law area Overton County on September 11th, today to recognize the citizens of Burns, Kan- degree the next year. 1806. The county was named for Judge John sas for continuing efforts to sustain and revi- For much of her career, Ms. Walker was ac- Overton, a personal friend of Andrew Jackson. talize their community. tive in the National Bar Association, a histori- Since then, the lines of the county have With a population of approximately 450, the cally black organization. She helped found the changed significantly, but the community has citizens of Burns and the surrounding area association’s Corporate Counsel Conference, maintained its commitment to an outstanding demonstrate pride in their community through an annual meeting sponsored by its commer- quality of life. action. cial law section. In 1947, when Ms. Walker County Mayor Kenneth Copeland, Living- Over the course of many years, steps have was admitted to the New York bar, she found ston Mayor Frank Martin and the Overton been taken to ensure that the future of Burns the doors of the city’s law firms tightly shut. County Bicentennial Committee will lead the is a bright one. (One firm relented and offered her a posi- celebration in September. They have done an In October of 2002, ground was broken on tion—as a secretary.) So she struck out on outstanding job in organizing this event and a new community center. With assistance from her own. leading the community into the 21st Century. the Kansas Department of Commerce Kan- Active in Republican politics, Ms. Walker ran I wish them well and hope the next 200 years Step Program, the building was completed in unsuccessfully for the New York State Senate are as prosperous and progressive as the first March of 2003. During that five-month period, in 1958 and 1964. In 1970, The New York 200 years. crews of volunteers worked on the center on a daily basis. Cabinets and More, a local busi- Times included her—the only woman—on a f list of the most powerful leaders in Harlem. ness, volunteered more than 300 hours of In 1960, Cora Walker became the first IN HONOR OF THE GIBBINS’ 75TH labor to build and install cabinets. A donation woman to serve as president of the Harlem WEDDING ANNIVERSARY of $18,000 was made by the Burns school Lawyers Association. Until recently her law alumni for window blinds and furniture. Twenty firm was located in Harlem, first on 125th HON. MARION BERRY tables and 200 chairs were provided at cost— Street and later from a renovated brownstone OF ARKANSAS saving the community $7,000. The end result on Lenox Avenue. Ms. Walker was the first IN THE HOUSE OF REPRESENTATIVES is a building that sports a wellness center, youth room, a place for seniors to quilt and a woman to run for president of the NBA. This Wednesday, July 26, 2006 is a little known fact by the younger lawyers. great kitchen. The center is constantly re- A recipient of numerous awards, the annual Mr. BERRY. Mr. Speaker, I rise here today served for civic events and private gatherings. Black Law Student’s Association’s Breakfast to pay tribute to a special couple from Eng- Carolyn Koehn, former city clerk and coordi- held at the annual NBA Convention is named land, Arkansas, Eityhel and Luvesta Gibbins, nator of the community center project, be- in her honor. She retired from the practice of who celebrated their 75th wedding anniversary lieves the facility demonstrates a collective law in 1999. The same year the New York on July 3, 2006. This is a significant milestone willingness to enhance Burns’ quality of life— County Lawyers’ Association installed a and one that only a very few are fortunate today and for future generations. ‘‘This project plaque outside her Lenox Avenue law office enough to celebrate in their lifetime. would have not succeeded without the culture commemorating her half-century of practicing Eityhel and Luvesta Gibbins met as children of volunteerism and the acceptance of change law. in Fairbanks, Arkansas, and decided to marry and new ideas in the Burns community,’’ In 1988, she helped found the Corporate in the summer of 1931. The couple made their Koehn said. Counsel Conference which is still sponsored home in Lonoke County, Arkansas and spent More recently, residents banded together to annually by the Commercial Law and Cor- the next forty-five years growing cotton, soy- transform the former post office into a new porate Law Section of the NBA. Her first client beans, and wheat. Throughout the years, the community library and city hall. Grant funding was an undertaker, for whom she did collec- Gibbins’ were blessed with four children—Van from USDA Rural Development covered tions. Before her retirement, her firm was rep- D. Gibbins, Ulyes F. Gibbins, Lynn E. Gibbins, $50,000 of the project expense. Impressively, resenting corporate clients such as Conrail, and Joe C. Gibbins—and now have the pleas- more than $95,000 was raised by the Burns the Ford Motor Company, Texas Instruments ure of spending time with seven grandchildren Public Library Board from private sources. Ap- and Kentucky Fried Chicken. Although she and eight great-grandchildren. proximately half that amount came from local was representing corporate clients, she contin- Their love for each other and their family ex- and area residents. The fundraising effort con- ued to draft wills and represent the ‘‘plain, or- tends to their neighbors as well, where they sisted of phone calls, an ice cream social by dinary, not elegant people’’ . continue to stay involved in their community. the Burns United Methodist Church and an Cora T. Walker made an impact on the lives They remain active members of the Coy 800 letter fundraising campaign. The new city of many black lawyers across the country. She Church of Christ and are often seen partici- hall and library was completed in May of 2006. will be dearly missed, but not forgotten. It pating in local activities and events. Their en- Barb Stuhlsatz, library board president, is ex- gives me great pleasure to give tribute to Ms. ergy is truly remarkable and perhaps the se- cited by the additional opportunities that the Cora T. Walker. cret to a long and fulfilling life. new facility affords area residents. ‘‘We now f A 75th wedding anniversary reminds us that have a state-of-the-art library that provides marriage is not an instant achievement but a reading programs, GED assistance and com- HONORING THE 200TH ANNIVER- covenant that requires love, patience, and re- puter access to residents of Burns and the SARY OF OVERTON COUNTY spect. Eityhel and Luvesta Gibbins have per- surrounding area,’’ Stuhlsatz said. fected this commitment to each other and are The Burns PRIDE committee is always HON. BART GORDON truly blessed to have a strong marriage, their searching for ways to promote the community. OF TENNESSEE family, and a lifetime of memories. As they live Sandy Heyman, a committee member, came IN THE HOUSE OF REPRESENTATIVES each day by their wedding vows, they con- up with a unique way to achieve this goal. She tinue to inspire all who are fortunate to know initiated the sale of two-foot tall concrete Wednesday, July 26, 2006 them. roosters to local businesses and residents. Mr. GORDON. Mr. Speaker, I rise today to On July 3rd, 2006, Eityhel and Luvesta Upon sale, the roosters were then creatively recognize the 200th anniversary of Overton Gibbins joined their family at a celebration to decorated. In May of 2004, Burns hosted its County, Tennessee, which I have the honor of honor their 75 years of marriage. I ask my col- first ever Rooster Parade. In all, more than 60 representing in this esteemed body. The leagues to join me in congratulating them on roosters have been sold, decorated and are Upper Cumberland community will commemo- this joyous occasion and sending our best on display. In recognition of the project’s suc- rate its bicentennial with a 3-day celebration in wishes for many more years of love and hap- cess, the local Lions Club has purchased a September. piness. four-foot rooster that serves as a welcome

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.022 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1539 sign on the way into town. Sandy is proud of TRIBUTE TO DR. PETER G. MEHAS CONDEMNING THE RECENT AT- how the roosters have united her hometown. TACKS AGAINST THE STATE OF ‘‘It is amazing how many people participated HON. GEORGE RADANOVICH ISRAEL in the project,’’ Heyman said. ‘‘The roosters OF CALIFORNIA SPEECH OF really brought people together.’’ IN THE HOUSE OF REPRESENTATIVES Additional art can be found in the Prairie HON. TIMOTHY V. JOHNSON Arts store, an arts and crafts mall that attracts Wednesday, July 26, 2006 OF ILLINOIS visitors from across the country. A local group Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES of artists and craftsmen organized the busi- today to recognize a friend and a great leader Wednesday, July 19, 2006 ness, which displays intricate wheat weavings, in my community back home. Dr. Peter G. Mr. JOHNSON of Illinois. Madam Speaker, beautiful quilts, handcrafted wood items and Mehas is retiring after 44 years in education we find ourselves once again on disturbingly much more. The arts and crafts mall is one of as Superintendent of the Fresno County familiar ground as Israel continues to defend more than 20 businesses that call the Burns Schools. Dr. Mehas dedicated his life to en- itself against armed attacks by terrorist groups suring our children thrive both in and out of area home. targeting civilian populations. As a sovereign the classroom. As an educator, administrator, nation, Israel has the right and, more impor- Local residents developed a new memorial public servant, community leader, father, hus- tantly, the responsibility to defend its borders park, which includes a pavilion, picnic tables, band, and grandfather, Dr. Mehas gives noth- from acts of terrorism and threats to its na- walking path, horseshoe pit, basketball goal ing less than his absolute best. tional security. The War on Terror continues to and restroom. In addition, volunteers installed A small glimpse into the long list of Dr. combat terrorist organizations and their State new city street signs, made improvements to Mehas’s achievements reveals his unwavering sponsors, and as such, Hamas and Hezbollah the local ball field and constructed a new ga- dedication to education. Not often enough are must be held accountable for their destructive zebo. educators recognized for their unselfish devo- actions. tion to bettering the future of California’s chil- The recent unprovoked rocket attacks in Since 1954, families in Burns have hosted dren. These teachers and administrators put in Israel and the kidnapping of Israeli soldiers international students in their homes over the countless hours at school, at home and on are obvious acts of war against the democratic Thanksgiving holiday. The program was initi- their weekends. They deserve our greatest re- nation by Hezbollah and Hamas. The U.S. has ated by Betty Grimwood and Bonnie Lohrentz, spect and gratitude for their efforts. been a strong leader in the War on Terror and who thought it would be great if foreign stu- Throughout his distinguished career Dr. these offensive acts of violence are no excep- dents could experience rural, American cul- Mehas served as an instructor at Roosevelt tion in the mission to stop terrorist activities ture. In recognition of how thoroughly the com- High School and taught at Edison High School around the world. Increased international pres- munity embraced the idea, Burns received a before moving to Clovis Unified School Dis- sure to call for an end to terrorism must be a Distinguished Service Award from the Institute trict. He worked his way up from assistant priority, as an unstable Middle East can have of International Education in 1959. The award principal at Clovis High to principal, then as- dire consequences to the entire international sistant superintendent and finally associate su- was presented by then Vice President Richard community, as confirmed by the extensive perintendent. evacuations currently taking place in Lebanon. Nixon. Over the last 52 years, more than 60 From 1984 to 1987, Mehas established and The Governments of Syria and Iran, as sup- local families have served as student hosts. In served as the legislative advocate in Sac- porters of both Hamas and Hezbollah in their excess of 500 people representing 110 coun- ramento and Washington, DC, for the State terror activities, must be held accountable for tries have visited Burns. Today, local resident Center Community College District, Fresno the violence taking place in Israel to protect Tom Grimwood carries on his mother’s inter- County and Modoc County Offices of Edu- the innocent populations of both Israel and national legacy. Tom and his wife Nedy teach cation and a consortium of 36 school districts Lebanon that find themselves in the middle of Spanish and Italian at American companies. throughout Central California. continued violence. Additionally, the Lebanese They also welcome foreign students into their In 1987, Mehas was appointed by Governor Government must call for an end to all terrorist home every Thanksgiving. Tom is proud of the Deukmejian as his Chief Advisor on public violence and do everything possible to expel reputation that the program has developed education in the state, as well as all private Hezbollah from within its borders. These ter- rorist organizations cannot be ignored and over the years. ‘‘One of our students told us and independent schools and universities. Lebanon must protect its sovereignty in the that Burns is the smallest town with the big- Dr. Mehas was elected Fresno County Su- perintendent of Schools in 1990 and subse- presence of any terrorist activity by taking de- gest diplomatic service in the world,’’ cisive action. Grimwood said. quently served three more terms. Being a su- perintendent is never an easy job, but to do I commend Israel for minimizing civilian cas- In her 21 years as a resident, Mayor Mary the job for 16 years, and do the job as well as ualties by focusing defensive attacks on infra- Glenn has witnessed first hand how her com- Dr. Mehas has done, is remarkable. We will structures and weapons facilities, intentionally munity pulls together in order to achieve a miss his invaluable contributions. avoiding towns and villages. In the face of goal. ‘‘All of our accomplishments are made In September 1991, President George Bush such violence, Israel continues to follow demo- cratic and civilized principles of war in pro- possible because of a tremendous volunteer appointed Dr. Mehas to a 17-member advisory tecting its people and Country. I continue to effort,’’ Glenn said. commission to implement his executive order on Latino education, a task Dr. Mehas was support the right of Israel to vigorously defend Stuhlsatz knows that her hometown is spe- thrilled to have been given and excelled at. itself in response to attacks of violence that cial. ‘‘The people of Burns are awesome,’’ Later, Dr. Mehas was appointed by Governor threaten the existence of the Israeli people Stuhlsatz said. ‘‘They are like a family and Pete Wilson to the California Community Col- and pray for the end of violence and a peace- whether they still live here or not, they work lege Board of Governors. ful outcome in the Middle East. together to keep Burns a place you want to Most recently, Dr. Mehas was appointed, in f come home to.’’ 2005, by Governor Arnold Schwarzenegger, to HONORING FORMER MEMBER OF For rural communities to survive and pros- serve on the Governor’s Advisory Committee CONGRESS THOMAS J. MANTON per into the future, citizens must be willing to on Education Excellence. SPEECH OF create their own opportunities for success. On- As you can see, Dr. Mehas has committed going efforts to revitalize Burns are an exam- the majority of his adult life to advancing edu- HON. MICHAEL R. McNULTY cation. Thanks in large part to Dr. Mehas, the ple of how hard work, vision and community OF NEW YORK children of the San Joaquin Valley are better IN THE HOUSE OF REPRESENTATIVES support can create such opportunities. Citi- prepared to face the challenges of the future. zens throughout Kansas are working together Throughout the years, I have also had the Monday, July 24, 2006 to enhance the quality of life in their commu- privilege of working with Dr. Mehas on a vari- Mr. MCNULTY. Mr. Speaker, I rise today to nities. Burns is a success story that dem- ety of issues. Pete, we wish you well, as you celebrate the life and mourn the loss of a onstrates how teamwork and creative thinking embark on a new phase of your life. You may former colleague, a patriot, and a dear friend. can make a positive difference in rural Amer- be retiring, but your contributions to education Tom Manton was the son of immigrant farm- ica. will endure. ers from the west of Ireland—Thomas, of

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.025 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1540 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 County Roscommon, and Margaret, of County UTMB has also recently received Graduate IN RECOGNITION OF THE SISTER Mayo. Assistance in Areas of National Need grant to CITIES ORGANIZATION OF Consider his impressive life story: Born in support seven fellowships for nursing students CRIVITZ, WI, AND CRIVITZ, GER- Manhattan, reared in Queens, educated in who intend to teach nursing at the university MANY Brooklyn, then 2 years in the Marine Corps, 5 level. UTMB only applied for funding for three years in the New York Police Department, 15 nursing fellowships, but the Department of HON. MARK GREEN years on the New York City Council, and 14 Education awarded UTMB funding for seven OF WISCONSIN years here in Congress. fellowships. I am sure I do not have to tell my IN THE HOUSE OF REPRESENTATIVES Thankfully, my career as a Member of Con- colleagues how unusual it is for a college to Wednesday, July 26, 2006 gress included a wonderful working relation- be awarded more funding than they re- ship and tremendous friendship with Tom Mr. GREEN of Wisconsin. Mr. Speaker, quested. Manton. We worked together on a number of today I’d like to recognize the Sister Cities Or- issues—most notably the quest for peace in Working closely with UTMB as I do, I am ganization of Crivitz, Wisconsin and Crivitz, Ireland, and the goal of uniting all the counties not surprised that it is in the forefront of both Germany, which is celebrating five years of of Ireland. nursing education and efforts to improve the friendship and diplomacy. Tom served as Chairman of the Ad Hoc lives of commuters. The people of UTMB are President Dwight D. Eisenhower established Committee on Irish Affairs. I had the privilege consistently working to improve the lives and the People to People program in 1956 to pro- of traveling with him and President Clinton to health of Texans and all Americans. mote cultural awareness and diplomacy Northern Ireland. Tom was a leading force in UTMB is one of the major centers of med- through the actions of ordinary citizens. As the getting President Clinton involved in the peace program expanded, Sister Cities International ical research in Texas and in the Nation. process. Tom was chiefly responsible for get- was founded to encourage sister-city partner- UTMB features a multidisciplinary environment ting the president to agree to meet with Gerry ships between the U.S. and international com- Adams. that enables scientists and clinicians to work munities. Tom’s commitment to the cause of justice on projects that often have immediate applica- Today we celebrate the partnership of two and peace in Ireland, and his commitment to tion to patient care. Among UTMB’s areas of towns who share one name. The northeastern human rights, was a driving force that helped strength are neuroscience; pain management Wisconsin community of Crivitz was founded lead to the Good Friday Accords. and stroke treatment; gastrointestinal health; in 1883 and named after F.J. Bartels’s home- But, Mr. Speaker, more than the working re- environmental health and asthma; infectious town in northeastern Germany. While the two lationship, there was the friendship. diseases; vaccine development; cancer; mo- communities are separated by many miles, In my first run for Congress, almost two lecular medicine; aging; and diabetes. Among they share a proud heritage and desire to fur- decades ago, without hesitation, the man from its numerous activities, UTMB hosts summer ther connect their citizens not only through a Queens was there to help me. And thanks to science programs for middle school, high shared name, but with a cross-cultural rela- Tom, and many others, I won. school, and undergraduate students to help tionship that continues to grow and expand. I am so grateful for the wise advice and encourage and develop the research work It is truly an honor and pleasure to recog- good counsel Tom gave to me through the force of tomorrow. nize the Sister Cities Organization of Crivitz, years. WI and Crivitz, Germany, and thank the citi- A recent, and particularly noteworthy, UTMB Mr. Speaker, before I even came to Wash- zens who continue to promote President Ei- program is Center for Biodefense and Emerg- ington in 1988 for the formal orientation, Tom senhower’s vision of peace through under- Manton invited me to his office in New York ing Infectious Diseases, a key component in standing. the efforts to protect the American people from City for an informal orientation. It was an in- f valuable introduction to what life in Congress the threat of bioterroism. Established in 2002, was like. the center has two main objectives: (1) To re- IN HONOR OF LOUIS N. HADDAD I never could thank him enough for that. duce the vulnerability of the U.S. and other In my later reelection campaigns, Tom was nations to the use of biological weapons for HON. SAM FARR always there to help. Once I told him of an warfare and terrorism, and (2) to alleviate suf- OF CALIFORNIA event that the Irish American community in my fering from emerging and tropical infectious IN THE HOUSE OF REPRESENTATIVES district was planning to help my campaign. diseases through application of basic, applied, Wednesday, July 26, 2006 Tom immediately said, ‘‘Yes, I’ll be there.’’ and field research, and education. And he was. We had the party in Albany, Mr. FARR. Mr. Speaker, I rise today to While UTMB’s research program is impres- and Tom spoke on my behalf. He didn’t stop honor Louis N. Haddad, a fine public servant sive, many Texans primarily think of UTMB as there, however, because Tom Manton also and dear family friend who passed away on a leading provider of quality health care. This sang on my behalf. April 21, 2006. Throughout his 82 years, Lou And I shall always be proud to sing his is because UTMB offers services ranging from served in the U.S. military, realized profes- praises!! primary to specialized diagnostic care. Particu- sional success, held numerous public offices, Tom Manton rendered a lifetime of out- larly impressive is UTMB’s pioneering tele- involved himself in various community groups, standing service to his family, his community, medicine programs. For example, UTMB has and raised a wonderful family with his wife, and his country. I am truly blessed and deeply recently begun a new telemedicine program to Martha. grateful to have been able to count him as a bring medical services to the residents of Ja- Born in Beggs, OK, in 1923, Lou joined the friend. maica Beach, Texas. UTMB has established Army in 1940 at age of 16. As a member of f telemedicine connections for special-needs the 12th Regiment of the 1st Cavalry Division children in east Texas, for workers on offshore during World War II, Lou saw action in the TRIBUTE TO UTMB oil rigs in the Gulf of Mexico, for employees of North African campaign, the capture of Sicily, a Galveston-based insurance company, and and the invasions of Anzio and southern HON. RON PAUL for passengers of a cruise ship that will travel France. He also served honorably in the Ko- OF TEXAS worldwide. rean war as a member of the Green Berets. IN THE HOUSE OF REPRESENTATIVES Lou followed his lengthy and distinguished In conclusion, Mr. Speaker, I congratulate military career by entering the professional Wednesday, July 26, 2006 the University of Texas Medical Branch at Gal- world, successfully embarking on a second ca- Mr. PAUL. Mr. Speaker, I wish to commend veston being named one of the best work- reer as private businessman. the University of Texas Medical Branch of Gal- places for commuters and for receiving fund- Lou later began what would become a long veston (UTMB), Texas, which is in my con- ing for seven nursing fellowships from the and interesting career as a public servant. He gressional district, on being named by the En- Graduate Assistance in Areas of National served the city of Seaside as planning com- vironmental Protection Agency and the De- Need grant program. I also extend my grati- missioner and Architectural Review Board partment of Transportation one of the best tude, on behalf of all the people of my district, member from 1962 to 1964, and became the workplaces for commuters among colleges for all that the people of UTMB are doing in Area Planning Commission chairman from and universities. UTMB earned this recognition both the field of medical research and in deliv- 1966 to 1967. Lou was a city councilman from because of its efforts to improve both the envi- ering quality health care to the people of 1964 to 1966 and then again from 1978 to ronment and the quality of life for commuters. Texas. 1980. He was the mayor of Seaside from

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.029 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1541 1966 to 1972. Lou served as vice chair for New Hampshire, and Rhode Island Credit and transportation. By making sure that dis- Monterey Regional Water Pollution Control Union Leagues and through his efforts to pro- abled citizens are hired on the basis of their Agency and Monterey County Local Agencies vide service to credit unions through unique abilities rather than their disabilities, this law Formation Commission, chairman of the Tri- and forward looking programs he has earned has given millions of Americans the chance to County Board of the California Council on Jus- national recognition as credit union leader and be treated equally in the workplace. Disabled tice, director of the Association of Monterey visionary. Americans can no longer be denied access to Bay Area Governments, and the Monterey Pe- Through this leadership the credit union public places solely on the basis of their hand- ninsula Water Management District. Lou’s leagues of Massachusetts, New Hampshire, icap. In addition, those who feel that they have public service was not limited to government and Rhode Island joined together in a ground been discriminated against have legal re- agencies but extended to the greater commu- breaking cooperative management agreement, course to address potential discrimination. nity as well. allowing them to share resources, while main- These opportunities have established a sense Lou always remained very involved in com- taining the distinct character of each organiza- of empowerment where such a sense did not munity organizations, serving as president of tion. Mr. Egan has been and continues to be exist before. both the Rotary and Lions Clubs. He was a committed to the expansion of the credit union Though this legislation has helped countless member of the Elks Lodge, Knights of Colum- movement throughout the world demonstrated people, there is surely more work to be done. bus, and the Kiwanis Club, as well as a char- by his support of the World Council of Credit According to the U.S. Census Bureau, 70 per- ter member of the Monterey Peninsula Boys Unions, his field work in Uganda to help es- cent of working-age Americans with significant and Girls Club and director for the Alliance on tablish credit unions there and through the disabilities are unemployed. This is the highest the Aging. Lou was also a member of the Mili- central role he played in creating a relation- unemployment rate of any group of Ameri- tary Order of the World Wars, U.S. Navy ship between the Massachusetts Credit Union cans, regardless of their education or quali- League, and the Nisei Veterans of Foreign League and the Bahamas Cooperative League fications. Many employers are wary of hiring Wars. to share the experience and expertise of the disabled employees for fear of having to make Lou spent much of his life serving his fellow Massachusetts Credit Union community with expensive accommodations. Even worse, citizens, He proudly fought for the United the credit unions of the Bahamas. there still exists a prejudice against those with States of America in two wars, devoted his During his tenure as president of the Mas- disabilities simply because of their disabilities. time and energy to multiple public offices, and sachusetts Credit Union League, New Hamp- We must educate employees about the enor- supported his community through his member- shire Credit Union League, and the Rhode Is- mous potential they are missing or ignoring. ship in numerous citizen groups. Lou Haddad, land Credit Union Leagues, each of those or- The Americans with Disabilities Act is one of through the life he led and the person he be- ganizations have brought together their mem- the most comprehensive civil rights laws to came, demonstrated the potential impact that ber credit union to provide impressive levels of have ever been enacted. On this the 6th anni- one individual can have on his community and support to the Massachusetts Coalition for the versary, we should acknowledge the noble country. He influenced people and events on Homeless, the Make-A-Wish Foundation of goal of equality that the ADA aims to achieve. so many levels, and came to represent the New Hampshire and Special Olympics of I urge Congress to continue to support this positive, compassionate and, above all, Rhode Island. legislation and fight against discrimination human force that many strive for but few actu- Mr. Egan has continually and eloquently throughout our society. ally become. I enjoyed being on his talk shows voiced his deep and profound conviction that f and working on many of his projects. He was credit unions make it possible for Americans in a citizen of public service. all walks of life to lead better, happier and DECLARATION BY 5.2 MILLION While Lou is remembered for his success as more productive lives and has done so in pub- IRAQIS IN SUPPORT OF THE IRA- a soldier, businessman, public servant, and lic, legislative, and educational forums. He has NIAN MOJAHEDIN KHALQ (MEK) community activist, he will be remembered actively participated in fostering the growth most as a loving and supportive husband and and development of credit union leagues na- HON. EDOLPHUS TOWNS father to his wife, Martha, and his children, tionwide through his active participation in and OF NEW YORK Charles, Shirley, and Carole. leadership of the American Association of IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on behalf of the United States Credit Union Leagues, serving at various Wednesday, July 26, 2006 Congress, I would like to honor the many ac- times as an officer and president of that complishments of Louis N. Haddad and ex- group. Mr. TOWNS. Mr. Speaker, on June 17, press sincere gratitude for his accomplish- Mr. Egan has, through his commitment to 2006, more than 10,000 Iraqis accompanied ments and contributions to our community and the credit union movement, financial edu- by delegates from 121 parties and associa- our country. cation, and charitable causes, helped to great- tions took part in the Iraqi people solidarity f ly improve the lives of the people of Massa- congress in Ashraf City, Iraq, the declaration chusetts, New Hampshire, and Rhode Island, by 5.2 million Iraqi citizens, 121 political par- HONORING DANIEL F. EGAN, JR., Therefore, Mr. Speaker, I want to commend ties and social groups, 700,000 women, AND HIS WORK ON BEHALF OF Dan Eagan for his long and distinguished ca- 14,000 lawyers and jurists, 19,000 physicians, CREDIT UNIONS IN NEW ENG- reer in public service and to thank him for his 35,000 engineers, 320 clerics, 540 professors, LAND continuing commitment to numerous charitable 2,000 tribal sheikhs and 300 local officials causes that have clearly helped improve the were among the signatories of the declaration. HON. MICHAEL E. CAPUANO lives of the people of Massachusetts, New Following is an excerpt from the declaration OF MASSACHUSETTS Hampshire, and Rhode Island. by 5.2 million Iraqis, partly printed in the New IN THE HOUSE OF REPRESENTATIVES f York Times, on June 23, 2006. The Iranian regime’s leaders have repeat- Wednesday, July 26, 2006 IN HONOR OF THE 16TH edly declared that they have been the first Mr. CAPUANO. Mr. Speaker, Daniel F. ANNIVERSARY OF THE ADA winners of the war in Iraq. Mahmoud Egan, Jr., president of the Massachusetts Ahmadinejad said, ‘‘God placed the fruit of Credit Union League, New Hampshire Credit HON. ELIOT L. ENGEL the occupation of both our neighboring coun- Union League, and the Rhode Island Credit tries (Iraq and Afghanistan) on Iran’s lap.’’ OF NEW YORK He concluded, ‘‘We must be prepared to run Union League, has devoted 25 years his pro- IN THE HOUSE OF REPRESENTATIVES the world.’’ (January 5, 2006) fessional life to promotion, protection, and Wednesday, July 26, 2006 After the elections in Iraq, Iran’s Interior prosperity of the credit union movement. Minister announced, ‘‘From the ballot boxes Mr. Egan first distinguished himself as an Mr. ENGEL. Mr. Speaker, I rise today to in Baghdad and Iraqi provinces, one can hear attorney and legislative advocate for the credit commemorate the 16th anniversary of the the Slogans of the Muslim people of Iran.’’ unions of Massachusetts working diligently to passage of the Americans with Disabilities Act He said, ‘‘This major historic Phenomenon ensure that the credit unions of Massachusetts (ADA). Since the inception of this landmark attests to the realization’’ of Khomeini’s operate in a legal and regulatory environment motto ‘‘of conquering Qods (Jerusalem) via legislation in 1990, the ADA has afforded Karbala.’’ (Mostafa Pour-Mohammadi, De- conducive to providing outstanding financial broad anti-discrimination protection for dis- cember 22, 2005) service to the people of Massachusetts. He abled Americans. As Iran’s rulers acknowledge, nuclear continued his service to credit unions, rising to The ADA ensures that people with disabil- weapons are the strategic Guarantee for the position of president of the Massachusetts, ities can access employment, public services, their survival. Would nuclear weapons not

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JY8.032 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1542 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 also empower them to separate the oil-rich ing respect for their right to own their No country in the world would tolerate such southern territory in Iraq? places and Properties; vicious attacks upon its homeland nor threats As a result: 3. Modification of article 21C of the Con- to its sovereignty without responding and act- A. The Iranian regime prevents the estab- stitution in the Course of reviewing this lishment of security, Stability and democ- clause, so that the Iranian regime would not ing to ensure its longer-term security. If we racy in Iraq and poses an immediate threat be able to manipulate it against its opposi- support the Israeli State’s right to exist, then to our Country’s integrity and liberty. It is tion; we cannot make Israel an exception among the main obstacle to our Independence and 4. Commitment of the government of Iraq nations. Israel must possess the right to de- the quick departure of the Multi-National to international laws, conventions and fend itself. Force. agreements on the status of the MEK in Iraq, Lastly, even as this war rages, I believe it is B. Presently, the main dispute is between Particularly with regards to the principle of important to work steadfastly toward peace, democracy and Dictatorship. The first and ‘‘non-refoulement’’ in relocating people from because there can be no military solution to most important political alignment in Iraq one country to another as verified by the this conflict. As it combats Hezbollah, I urge is between democratic and patriotic forces International Committee of the Red Cross with their various inclinations and thoughts (ICRC) and the Multi-National Force-Iraq Israel to take measures to limit casualties on the one hand and affiliates of the Iranian (MNF–I) in the case of the MEK; among the civilian population and to not irrev- regime on the other. 5. Coordinated measures by the govern- ocably undermine Lebanon’s young govern- C. During the elections and formation of ment of Iraq and the MNF–I to secure the re- ment, which was the product of the inspiring the new government of Iraq, an Iraqi alter- lease of the two abducted MEK members. cedar revolution. native was formed against the option pre- We declare that: Madam Speaker, I urge my colleagues to sented by Iran’s ruling mullahs, thus pro- The terrorist designation of the People’s support this resolution. viding an encouraging prospect for the coun- Mojahedin Organization of Iran, 120,000 of f try. whose members and sympathizers have been D. In this geopolitical situation and in this murdered by the Iranian regime and is the RECOGNIZING EMPLOYEES AT juncture of History, democracy in Iraq and prime victim of state-sponsored terrorism is neither legitimate nor credible and should NASA’S MICHOUD ASSEMBLY FA- democracy in Iran are interdependent, Guar- CILITY anteeing each other’s survival. not be regarded as a basis for relations with E. The solution and the only encouraging this organization. SPEECH OF prospect for Neutralizing these threats come f through eviction of the Iranian regime from HON. CHARLIE MELANCON Iraq and recognition of the status of the Peo- CONDEMNING THE RECENT AT- OF LOUISIANA ple’s Mojahedin Organization of Iran, which TACKS AGAINST THE STATE OF IN THE HOUSE OF REPRESENTATIVES is the principal bulwark against the Iranian ISRAEL regime’s interventions. Similarly, the MEK’s Monday, July 24, 2006 disarmament upset the strategic balance in SPEECH OF Mr. MELANCON. Madam Speaker, today I this sensitive region of the world in favor of HON. SILVESTRE REYES offer House Resolution 892, to give honor and the Iranian regime. thanks to those who braved Hurricane The Iranian regime, however, launched an OF TEXAS astounding demonizing and Disinformation IN THE HOUSE OF REPRESENTATIVES Katrina’s fury in service to their country. As we approach the 1-year anniversary of Hurricane campaign against the MEK. Iran’s agents in Wednesday, July 19, 2006 the Interior Ministry kidnapped MEK mem- Katrina, I would like to recognize the men and bers while others discontinued the govern- Mr. REYES. Madam Speaker, I rise today in women who stayed behind to protect NASA’s ment’s allocation of food rations, medicine support of H. Res. 921, a resolution reaffirm- Michoud Assembly Facility in eastern New Or- and fuel for residents of Ashraf City contrary ing this Chamber’s steadfast support for the leans. The ‘‘Michoud Hurricane Ride-Out to all Islamic and Iraqi traditions. Through State of Israel and condemning Hamas and Team’’ was comprised of 38 Lockheed and the Iraqi National Security Advisor, the gov- Hezbollah for engaging in unprovoked and NASA employees who risked their lives to pro- ernment announced that the MEK ‘‘may not reprehensible armed attacks against Israel on tect the facility that produces the Space Shut- even use their allocation of food.’’ (Novem- ber 18, 2005) undisputed Israeli territory, among other provi- tle external fuel tank, a vital component of the The Iranian regime’s fingerprints are evi- sions. Shuttle program. Were it not for their efforts, dent in paragraph C of Article 21 of the Con- On June 16, 2000, Israel unilaterally with- the Shuttle program could have been ground- stitution. Contrary to all international laws drew its troops from areas in Southern Leb- ed for years. In fact, if Michoud had been de- on Asylum, this paragraph disentitles the ac- anon. It was a monumental stride in the long stroyed by Katrina, the U.S. would not be able cused of the right to asylum merely based on and difficult march toward Middle East peace, to fulfill its commitment to its international part- the unverified charge of terrorism. one that lent if only fleeting promise for a ces- ners, as there would have been no way for the Repeated calls by the Iranian regime and sation of violence along the Lebonon-Israel its operatives in Iraq for Retribution of the U.S. to ferry vital supplies to equip the Inter- MEK and confiscation of their property (ex. border. The idea was simple: Israel would end national Space Station. The ‘‘Ride-Out Team’’ Asshahed weekly, April 4, 2005), the Iranian an occupation long cited as a serious griev- volunteered to stay and protect valuable space embassy’s advertisements in the Iraqi press ance by Israel’s foes, and those foes, denied flight hardware critical not only to NASA’s demanding ‘‘retribution of members of this that grievance, would end attacks on Israel. Space Shuttle Program, but to the future of organization as a more important opening Any further attacks on Israel from formerly oc- human space exploration. The Michoud facility for democracy in Iraq’’, setting their ‘‘pros- cupied areas would invite a robust military re- is a vital component of America’s Vision for ecution’’ or at least ‘‘expulsion’’ as a ‘‘test’’ sponse. That equation for peace, however, Space Exploration, since derivatives of the ex- for the government of Iraq (Badr weekly, was quickly undone. September 5 and November 27, 2005) and urg- ternal tank are part of the design for the next ing their referral to the ‘‘Criminal Court’’ After the withdrawal, Hezbollah and other generation space craft. (Asshahed weekly, January 15, 2006) are the belligerents boasted not of a promise of As hurricane winds exceeded 130 mph and most obvious signs of collusion with the Ira- peace, but of defeating the Israeli military and storm surge topped the 19 ft. levees sur- nian regime. forcing it into retreat. Rather than planning for rounding the facility, the team worked tire- Having investigated the MEK’s 20-year res- peace and building a strong civil society in lessly manning the pumping station and gen- idence in Iraq and stressing their readiness Southern Lebanon, Hezbollah created a so- erators. After all was said and done, those to defend the rights of the MEK in any court phisticated military infrastructure and denied dedicated individuals pumped more than 1 bil- of law, over 12,000 Iraqi jurists declared in control of the region to the democratically January 2006, ‘‘The MEK has never interfered lion gallons of water out of the facility. Be- in Iraq’s internal affairs and the claim that elected Lebanese Government. cause of their efforts, operations at Michoud the Organization participated in the suppres- One week ago, Hezbollah, following a simi- resumed mere weeks after Katrina’s landfill. sion of the Kurds or Shiites is a sheer lie fab- lar Hamas kidnaping in June, attacked an Many of the ‘‘Ride-Out Team’’ lost every- ricated by the Iranian regime to tarnish the Israeli military outpost in undisputed Israeli ter- thing they owned to the storm and many didn’t image of its opposition and alternative.’’ ritory, killing three soldiers and taking two hos- know what had happened to their families until We urge the following: tages. Since then, Hezbollah has continued at- days after the storm had passed. They per- 1. Agreement of the government of Iraq tacks on Israel by firing deadly rockets into severed even though all land routes to the fa- with the People’s Mojahedin Organization of Israeli urban centers like Haifa. Those rockets, Iran and the coalition of National Council of cility had been cut off and they had no elec- Resistance of Iran on a worthwhile legal and whose warheads are often packed with ball tricity or water for 21 days. political status for them in Iraq; bearings that turn into molten shrapnel upon For their bravery in the face of unbelievable 2. Acknowledgment of MEK members’ explosion, are meant to kill and maim indis- destruction and their unquestionable dedica- right to political asylum in Iraq and ensur- criminately. tion to the space program, I ask this body to

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.035 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1543 recognize the members of the ‘‘Michoud Hurri- lic administration and education, rich joined years of service with the National Park Serv- cane Ride-Out Team’’ and commemorate their the police force and Wendy joined the ice. heroism and selfless contribution to the United Hernando County school system. Both imme- Dale began his career with the National States, and enable America to continue to diately excelled in their careers, yet remained Park Service as a seasonal park ranger at the lead the world in space exploration. dedicated to their sons’ activites and their fam- Grand Canyon in 1972. For the next four f ily values. Rich and Wendy have continued to years, Dale held a variety of seasonal laborer, be very involved in their sons’ lives. All par- park technician and ranger jobs. His seasonal PAYING TRIBUTE TO WALTER ents understand the difficutly in balancing time employment included assignments in the LLOYD BELL between work and family and greatly respect Grand Canyon, Lake Mead National Recre- and admire Rich and Wendy for their active ation Area (NRA) and Death Valley National HON. JON C. PORTER commitment and devotion to raising their chil- Park. In 1977, he accepted a full-time career OF NEVADA dren. position as a park technician at Golden Gate IN THE HOUSE OF REPRESENTATIVES In 2004, Rich and Wendy’s oldest son, National Park. Dale accepted a promotion in Ryan, 25, graduated from West Point Army 1981 as a park ranger in the Santa Monica Wednesday, July 26, 2006 Academy with a degree in Information Sys- Mountains NRA. In 1984, Dale moved from Mr. PORTER. Mr. Speaker, I rise today to tems Engineering. He has since returned from the Santa Monica Mountains NRA to the honor the life of Walter Lloyd Bell, one of the his service in Korea where he served in the Grand Teton National Park, accepting a pro- founding fathers of the Las Vegas Metropoli- 4th Brigade, 73rd Cavalry, and 82nd Airborne. motion to law enforcement specialist park tan Police Department. Known to his family After earning rank as 1st Lieutenant at pre- ranger. In 1986, Dale was selected for the and friends as Lloyd, he passed away on Sat- Ranger school in Ft. Bragg, North Carolina, Chief Ranger position at Death Valley National urday, July 15, 2006, at the age of 80. Ryan is currently a lieutenant in the Army tak- Park. He became the Chief Ranger at Lake After serving his country in the Navy during ing Ranger courses. Mead NRA in 1991, a position he held for the World War II, Lloyd returned to Las Vegas and Kyle, 19, graduated from Springstead High remainder of his career. began his career in law enforcement at the School in 2005 with a four-year Army ROTC Over the course of his 33 year career, Dale Clark County Sheriff’s Office. In 1955, at the scholarship to the University of Tampa, where has received a number of awards: the Com- age of 29, Lloyd became the youngest person he is currently a sophomore studying Crimi- mendation for a Rescue at Grand Canyon, to become County Undersheriff. Three years nology. Having served as commander of the and the Member of Unit Citation for Rescue at later, he graduated from the FBI Academy, the Civil Air Patrol and Chief of Operations for the Lake Mead in 1974; he received the Com- first member of the department to do so. Air Force ROTC, Kyle has decided to continue mendation for Rescue performed at Golden Lloyd served on the Nevada Gaming Con- his involvement with the military in Tampa. Gate National Park in 1978; the Sustained Su- trol Board from 1961 until 1963, when he re- Kyle was also the former captain of perior Performance Award in 1984; and the joined the law enforcement community. In Springstead’s swim and track team, and was U.S. Department of the Interior Award for Res- 1968, he served on the committee that cre- named Athlete of the Year prior to his gradua- cue in 1991. Dale also received the highest ated the Las Vegas Metropolitan Police De- tion. Kyle’s success in athletics has led him to award that can be bestowed upon a ranger by partment by uniting the Las Vegas Police De- an esteemed position as the coxswain on the his peers, the Henry Yount Award. He re- partment and the Clark County Sheriff’s Office. four-man and eight-man rowing team at the ceived this award in 1999 from then-Vice Lloyd retired from the Sheriff’s Office in University of Tampa. President Al Gore. 1973 and moved on to the private sector, In 2006, Casey, 18, also graduated from Dale has dedicated his professional career owning 13 shoe stores and a beauty salon. Springstead High School where he served as to the mission of the National Parks Service. The ambition and dedication that allowed commander of the Color Guard of the Air He has committed his life to the resources, Lloyd to make such a positive impact on the Force ROTC and Corps Commander. Fol- park visitors, park staff and our partners. He law enforcement community in Las Vegas lowing in both of his brothers’ footsteps, has provided leadership in the development made him a successful business owner, as Casey was captain of Springstead’s swim and management of emerging operations, and well. team and active in the Civil Air Patrol. He en- the professionalization of ranger positions Lloyd was a devoted husband and a proud tered West Point Academy on June, 26 and I within the National Park System. father who enjoyed spending time with his am very proud and honored to have spon- Mr. Speaker, I am proud to honor Dale family. He and his wife Patricia raised two sored his nomination. Antonich for his years spent the National Park daughters, Ashley Bell and Courtney Bell Vin- With their excellent guidance and active in- Service. Dale’s experience, commitment, con- cent. volvement in Ryan, Kyle, and Casey’s lives, tributions and dedication to his job will be Mr. Speaker, I am proud to honor Lloyd Bell Rich and Wendy Nugent have raised three surely missed. I wish him the best with his re- for his accomplishments and his law enforce- very well-rounded and mature young men. In tirement. ment service. I thank him for his participation today’s society, it is a joy to see a family dedi- f in the ambitious task of creating the Las cated to such high family values and com- mitted to serving their country. PROCTER & GAMBLE’S MEHOO- Vegas Metropolitan Police Department and I PANY, PENNSYLVANIA PLANT applaud his long record of distinguished serv- Mr. Speaker, it is my pleasure to honor the Nugents, as they truly exemplify what our Na- ice. He has truly had a great impact on the HON. DON SHERWOOD safety and well-being of the Las Vegas com- tion stands for. Rich and Wendy are admirable OF PENNSYLVANIA munity, and he will be greatly missed. parents who deserve recognition for dem- onstrating the importance of American values IN THE HOUSE OF REPRESENTATIVES f and service. Ryan, Kyle, and Casey have be- Wednesday, July 26, 2006 TRIBUTE TO THE NUGENT FAMILY come extraordinary young men who are proud Mr. SHERWOOD. Mr. Speaker, I want to OF HERNANDO COUNTY, FL and eager to ‘‘be all they can be.’’ I would like bring to the attention of my colleagues a very to thank the Nugents for their exceptional important and significant economic milestone HON. GINNY BROWN-WAITE dedication to the United States, and I wish in northeastern Pennsylvania that will be cele- Ryan, Kyle, and Casey the best of luck in their OF FLORIDA brated in August. Procter & Gamble’s future endeavors. I know they will succeed on IN THE HOUSE OF REPRESENTATIVES Mehoopany, Pennsylvania, paper products fa- whatever path they wish to embark upon. cility, which has been in operation since 1966, Wednesday, July 26, 2006 f will be commemorating its 40th year with an Ms. GINNY BROWN-WAITE of Florida. Mr. PAYING TRIBUTE TO DALE open house and anniversary ceremonies on Speaker, I rise today to honor Rich and ANTONICH August 17, 18 and 19. Wendy Nugent and their three sons, Ryan, The Mehoopany plant is the largest P&G Kyle, and Casey. The Nugent family is being plant in North America. It was the first paper honored by the Disabled American Veterans HON. JON C. PORTER products plant built by Procter & Gamble after OF NEVADA of Brooksville, Florida for their outstanding the company’s acquisition of the Charmin IN THE HOUSE OF REPRESENTATIVES service and commitment to the military. Paper Products Company in 1957. It is one of Rich and Wendy Nugent moved from Chi- Wednesday, July 26, 2006 seven P&G paper products plants in the cago to Hernando County, Florida in 1984. Mr. PORTER. Mr. Speaker, I rise today to United States and one of more than 70 plants After receiving their respective degrees in pub- honor Dale Antonich, who is retiring after 33 of all products.

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.039 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1544 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 I am very proud of the contribution the plant Mr. Speaker I am proud to honor the life of so much to Pensacola, our Navy, and our Na- and its workforce provide to our regional and Col. John F. Groom. His service to this coun- tion. He will be missed by the United States national economy. As a lifelong resident of try is admirable and shows that he was truly Navy, but he leaves a great legacy behind for Wyoming County, where the plant is located, a patriot. He will surely be missed. future generations to follow. I have seen friends and neighbors for the past f four decades benefit from wonderful career f opportunities and the ability to earn an honest, CONGRATULATING COMMANDER stable living at the Mehoopany plant. WILLIAM ‘‘BO’’ STEWART ON THE PAYING TRIBUTE TO MICHAEL The plant is a cornerstone of economic OCCASION OF HIS RETIREMENT MURPHY growth and stability in my region with its 2,300 FROM THE UNITED STATES employees and payroll of $175,000,000. In ad- NAVY dition, there are another 4,000 people em- HON. JON C. PORTER ployed as suppliers and vendors. Plant em- HON. JEFF MILLER OF NEVADA ployees live in six northeastern Pennsylvania OF FLORIDA counties—Bradford, Lackawanna, Luzerne, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Sullivan, Susquehanna and Wyoming. Wednesday, July 26, 2006 Procter & Gamble gives back to the people Wednesday, July 26, 2006 Mr. MILLER of Florida. Mr. Speaker, today of the region with community and charitable Mr. PORTER. Mr. Speaker, I rise today to giving of nearly $450,000. I rise to recognize and pay tribute to Com- honor my good friend, Michael Murphy, for his The people of my region are very proud of mander William ‘‘Bo’’ Stewart, United States service as Clark County Coroner and recogni- the role the Mehoopany plant plays in pro- Navy, on the occasion of his retirement from viding essential products to the daily lives of active duty. I commend Commander Stewart tion as the 2006 Clark County Director of the our nation’s citizens. Consumers in this coun- for his 21 years of faithful and selfless service Year. try benefit from the fine array of paper prod- to the United States Navy, and I salute him for Before embarking on a law enforcement ca- ucts, including Bounty towels and napkins, his dedication to protecting freedom, ensuring reer, Michael earned a doctorate in Business Charmin toilet tissue and Pampers and Luvs liberty and defending the principles of this Administration from California Pacific Univer- Diapers. Products produced at the facility country. sity. He began his service career in Kansas reach over 1,000,000 consumers each day. A 1983 Citadel graduate, Commander Stew- City, Kansas as a police officer, and after art joined the Navy in 1985. In addition to I want to offer my congratulations to the em- moving to Nevada, Michael became a captain earning a Masters’ Degree in Business Man- ployees and management of the Procter & with the Boulder City Police Department. He Gamble Mehoopany plant as they celebrate agement from Troy State, his formal military education included Aviation Officer Candidate later served as the Chief of Police for nine their first 40 years, meet current challenges years with the City of Mesquite Police Depart- and look forward to the continued growth of School, where he earned his ‘‘Wings of Gold’’ as a Naval Aviator, SH–3H ‘‘Sea King’’ train- ment. He then moved on to the position of the plant. Commander at the City of Las Vegas Depart- f ing and UH–1N training at HC–16. In 1987 Commander Stewart reported to ment of Detention and Enforcement, and was PAYING TRIBUTE TO COLONEL San Diego, CA for his first assignment with quickly promoted to Deputy Chief. JOHN F. GROOM Helicopter Squadron Fourteen, the ‘‘Char- In addition to his law enforcement service, gers.’’ After completing his tour aboard the Michael takes the time to share his expertise HON. JON C. PORTER USS Ranger with the ‘‘Chargers,’’ Commander with others as a guest lecturer and instructor, OF NEVADA Stewart was stationed at NAS Whiting Field including speaking to law enforcement agen- IN THE HOUSE OF REPRESENTATIVES for his first shore tour as a flight instructor for cies in Russia, China, and Azerbaijan. Helicopter Training Squadron Eight. In 1993, Wednesday, July 26, 2006 he returned to sea duty aboard the USS Nas- Currently, as Clark County Coroner, Michael Mr. PORTER. Mr. Speaker, I rise today to sau serving as the Assistant Air Officer and uses his thirty years of experience to manage honor the life of Colonel John F. Groom, who Aircraft Handling Officer, deploying to Haiti programs, staff, and policy objectives, among passed away on Tuesday, July 11, 2006. He and the Adriatic Sea. Following this assign- other things. Michael is intrigued by the will be buried at Arlington National Cemetery ment, he was ordered back to shore in Jack- science of his office, despite his lack of sci- on August 8, 2006. sonville, FL where he served as the Officer in entific training. Since his appointment as Cor- John was originally from Rochester, NY Charge of the Surface Rescue Swimmer oner in May of 2003, he has led the coroner’s where he attended Brockport State University School and as an instructor pilot in the SH–3H office in establishing a Cold Case Unit, which earning a bachelor’s degree. He later attended and SH–60F/H at Helicopter Antisubmarine has since closed an amazing 29 cases. He Syracuse Law School but received his law de- Squadron One (HS–1), the ‘‘Sea Horses.’’ also served for six months as acting Director gree from Western Law School in San Diego Commander Stewart returned to sea in of the Department of Juvenile Justice Services after he retired from the military. 1997 joining Helicopter Antisubmarine Squad- until a new director was found. Despite the Col. Groom had a long and distinguished ron Five, the ‘‘Night Dippers,’’ as the Mainte- long and taxing hours required by his position, career with the United States Air Force, high- nance Officer, deploying from USS John C. he finds his work as Coroner to be one of the lighted by his command of the Thunderbirds Stennis and USS John F. Kennedy. In 1999, most fulfilling jobs he’s had. aerial demonstration team at Nellis Air Force Commander Stewart went to the Naval Per- Base in 1962 and service as an airstrike ad- sonnel Command where he served as Deputy In June of 2006, during the Clark County viser to Army General William Westmoreland Director and Director of Restricted Line and Employee Service Awards, where the unwav- in Vietnam. Col. Groom was in training during Staff Corps Distribution and Special Place- ering efforts of those who serve the public and World War II, and flew B–29s during the Ko- ment Division. In February of 2003, Com- efficiently spend taxpayer dollars are recog- rean War. In 1965, Col. Groom served as di- mander Stewart assumed his final post as Ex- nized, Michael’s innovation and hard work rector of inland airstrikes under an effort code- ecutive Officer of Naval Air Station Pensacola, earned him the title of ‘‘Director of the Year.’’ named Tiger Hound. Later, he attended the FL. Of all that Michael has to be proud of, his National War College at Fort McNair in Wash- Commander Stewart’s personal awards in- family tops the list. His 26-year-old son, Bran- ington, DC. He went on to become the last clude the Meritorious Service Medal, the Navy don, and his daughter-in-law, Megan, are ex- commander of Wheelus Air Base in Tripoli, Commendation Medal (five awards), and the pecting their first daughter, to be named Libya, before it closed in 1970. Col. Groom Navy Achievement Medal, along with other Caitlin, in August. was a key player in the evacuation of Tripoli personal and unit citations. During his naval and was responsible for getting American citi- career, Commander Stewart accumulated over Mr. Speaker, I am proud to honor Michael zens out of the city following the coup d’Etat 4,000 hours of flight time in the following air- Murphy for his outstanding service as Clark led by Moammar Kadafi in 1970. frames: SH–60F/H, SH–3H/D, UH–1, TH–57, County Coroner. I congratulate him on being John spent the last fifteen years of his life and T–34C. named Clark County Director of the Year, and living in Las Vegas. John leaves behind his Mr. Speaker, Commander Stewart answered commend his dedication to law enforcement in wife Barbara, sons John Jr. and Tom, four the call to duty with an unmatched determina- Nevada. Michael is a very good friend and grandchildren and five great grandchildren. tion. Through his honorable service he gave serves as a role model for us all.

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.044 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1545 EXPRESSING GRATITUDE FOR become the Director of the Bristlecone Con- President and as a professor of Public Admin- RICHARD SCHNEIDER’S SERVICE vention Center in Ely, and since 1993 he has istration. Since his retirement, Leonard has TO WEST TENNESSEE served as the Eureka County Facilities Direc- served on the Nevada System of Higher Edu- tor, where he is responsible for programming cation’s Retirement Plan Alternatives Com- HON. JOHN S. TANNER at the Eureka Opera House and the Eureka mittee. OF TENNESSEE Sentinel Museum. Through his position with Leonard has also had an impressive career IN THE HOUSE OF REPRESENTATIVES Eureka County and as Humanist-in-Resi- as a writer, authoring or co-authoring eight dence, Walter works with the Rural Presenters books and countless articles on economics, Wednesday, July 26, 2006 Network, the Nevada Commission on Tourism, government, and public administration. After Mr. TANNER. Mr. Speaker, I rise today to and other organizations to encourage numer- his experiences living and working in Las recognize a gentleman who has become an ous groups to visit Eureka and enjoy its his- Vegas, he co-authored ‘‘Nevada Government important leader in west Tennessee, a jour- tory and cultural sites. and Politics: Conservatism in an Open Soci- nalist who has helped bring together a com- Walter’s passion for Nevada’s history has ety’’ and ‘‘Reinventing the System: Higher munity, and a good friend of mine, Richard also led him to become one of the foremost Education in Nevada.’’ Schneider. After 14 years as executive editor collectors of contemporary Nevada art and the Leonard has also been active in the com- of the Jackson Sun, Dick is moving to Florida owner of a book collection featuring Nevada- munity. He has served on the board of local to fill that same position at the Pensacola related works. Last summer, the Nevada His- chapters of numerous organizations, including News Journal. torical Society presented an exhibit featuring the American Red Cross, the American Soci- Since Dick came to Jackson in 1992, the his art collection, which broke all of the soci- ety for Public Administration, the Nevada De- Sun has moved from an afternoon paper to a ety’s previous attendance records. velopment Authority, and the Boulder Dam morning paper, launched its Web site, broad- Mr. Speaker, I am proud to congratulate Council of Boy Scouts. He aided in the foun- ened its coverage and publications, expanded Walter Cuchine, winner of the Distinguished dation of the Commercial Bank of Nevada, its circulation and changed the way west Ten- Nevadan Award and supporter of Nevada’s currently serving as its chairman of the board nesseans get their news and information. historic and cultural needs. His fundraising ef- of directors, and he was appointed by the When our region was hit by tornadoes—first forts and foundation of the Emerald Society Clark County Commission to serve as the in 1999, again in May 2003 and yet again in have made a tremendous impact on the Las chairman of the Community Growth Task April of this year—the Sun’s news staff, under Vegas community. Force, a position he currently holds. Dick’s leadership, provided excellent and in- f Mr. Speaker, I am proud to honor Leonard depth coverage of the storms, the fatalities Goodall, a role model to the community and they caused, the lives they touched, the com- A PROCLAMATION HONORING MR. accurately named Distinguished Nevadan. His munities they devastated and the rebuilding AND MRS. JAMES RUSSELL dedication to educating our future leaders and that still continues today. West Tennesseans CASH, III his passion for community service are truly ad- will always appreciate the information they re- mirable. ceived from the Jackson Sun during those try- HON. ROBERT W. NEY f ing times. OF OHIO IN RECOGNITION OF CHIEF MARK The paper has also provided thorough cov- IN THE HOUSE OF REPRESENTATIVES erage on other issues facing our area, includ- LAYHEW Wednesday, July 26, 2006 ing crime, health care, mortality, religion, vet- erans care, and race relations. Dick and the Mr. NEY. Mr. Speaker, HON. ELTON GALLEGLY Jackson Sun have been recognized nationally Whereas, J.R. and Allison Cash were united OF CALIFORNIA by Gannett, the Associated Press and other in marriage June 3, 2006 in Cadiz, Ohio; and IN THE HOUSE OF REPRESENTATIVES Whereas, J.R. and Allison Cash have dedi- organizations for the innovative ways the Wednesday, July 26, 2006 newspaper has increased its community out- cated their lives to each other; and reach. Whereas, J.R. and Allison Cash shared their Mr. GALLEGLY. Mr. Speaker, I rise in rec- I have also enjoyed getting to know Dick on wedding day with family and friends; and ognition, and with thanks, for the 311⁄2 years a personal level over the years. Jackson will Whereas, J.R. and Allison Cash have illus- of exemplary service Police Chief Mark miss Dick and his wife Lea, as well as their trated the love and commitment necessary to Layhew has given to the City of Simi Valley, three children, Troy, Ashley, and Nicole. They live a long and beautiful life together. California, as he prepares for his retirement have been important to our community over Therefore, I join with their family, friends, next month. the years, and we wish them all the best. and the entire 18th Congressional District of Mr. Speaker, Simi Valley is my home. I Mr. Speaker, please join our colleagues and Ohio in congratulating J.R. and Allison Cash served as mayor there for seven years before me in thanking Richard Schneider for his serv- on the occasion of their marriage. being elected to Congress. I am proud of the ice to west Tennessee and congratulating him f fact that Simi Valley is routinely recognized as on his new opportunity. one of the safest cities in the United States. PAYING TRIBUTE TO LEONARD f That recognition is in large part due to the cal- GOODALL iber of the men and women of the Simi Valley PAYING TRIBUTE TO WALTER Police Department. CUCHINE HON. JON C. PORTER Mark has the distinction of the being the first OF NEVADA Simi Valley police officer to rise from the ranks HON. JON C. PORTER IN THE HOUSE OF REPRESENTATIVES as an entry level officer to Chief of Police. In many ways he epitomizes the maturity and OF NEVADA Wednesday, July 26, 2006 IN THE HOUSE OF REPRESENTATIVES professionalism of the department. Mark Mr. PORTER. Mr. Speaker, I rise today to began with the department just four years Wednesday, July 26, 2006 honor Leonard Goodall for earning the Distin- after the city incorporated and he helped to Mr. PORTER. Mr. Speaker, I rise today to guished Nevadan Award, the most prestigious shape it. He is not only the face of the Simi honor Walter Cuchine for earning the Distin- award given by the Nevada System of Higher Valley Police Department, he is very much its guished Nevadan Award, the most prestigious Education Board of Regents. The award rec- soul. award given by the Nevada System of Higher ognizes the achievements of those who have Mark acquired his sense of duty from his Education Board of Regents. The award rec- contributed to the cultural, scientific, or social late father, who gave a lifetime of dedicated ognizes the achievements of those who have advancement of Nevada. service to his country as an FBI agent. contributed to the cultural, scientific, or social Leonard has a long history of service in During his three decades with the depart- advancement of Nevada. education. He began his career as a professor ment, Mark Layhew served in virtually every Walter has helped to preserve the history of at Arizona State University in 1962. He moved position. He served as an Operations Division Nevada, especially Hawthorne, Lovelock, Ely, on to become Vice Chancellor of the Univer- Captain, Support Services Division Captain, Fallon, and Lincoln County, as a Humanist-in- sity of Illinois-Chicago and then Chancellor of Detective Unit Commander, SWAT Com- Residence, sponsored by the Nevada Human- the University of Michigan-Dearborn. Leonard mander, Traffic Unit Commander, Watch Com- ities Committee. His experience studying Ne- moved to Las Vegas in 1979, where he mander, and Special Administrative Com- vada’s environment and history helped him to served as University of Nevada, Las Vegas mands.

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.049 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1546 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 And that’s just as a lieutenant and captain. TRIBUTE TO MONTGOMERY aviation career is what she is best known for. As a sergeant, he served as a Patrol Field COUNTY, MARYLAND In 1978, Marie learned that the U.S. Aero- Supervisor, Field Training Program Manager, nautic Association was looking for pilots to and Detective Supervisor. As an officer, he HON. CHRIS VAN HOLLEN break records in honor of the 75th anniversary served as a Patrol Officer, Traffic Officer, Field OF MARYLAND of the Wright brothers’ flight. She decided not to break a record, but to set a new one. On Training Officer, Rangemaster, Academy Staff IN THE HOUSE OF REPRESENTATIVES December 16, 1978, she set her first record Officer, Planning and Research Officer, and Wednesday, July 26, 2006 for speed between two cities. Over the next 10 Background Investigator. Mr. VAN HOLLEN. Mr. Speaker, it is with years, Marie set hundreds more, and she cur- Mark earned a bachelor’s degree from Cali- great pleasure that I rise to congratulate Mont- rently holds 656 aviation records. fornia State University, Northridge, and is a gomery County, Maryland, on being recog- In addition to setting records, Marie has graduate of POST Command College Class nized for the third straight year by the U.S. served as the U.S. Delegate to numerous #26, Simi Valley Leadership Class of 1999, Environmental Protection Agency’s Green Federation Aeronautique International Con- and the 2004 POST Executive Development Power Partnership as one of the Nation’s top ferences, and she has won many awards and Course. In his spare time, he serves as a ten local government green power purchasers. honors. She served as a flight instructor for member of the Simi Sunrise Rotary and is a For many years, Montgomery County has over 25 years, where she taught people, from board member of the Simi Valley Education set a precedent for the consumption of renew- teenagers and Las Vegas Metropolitan Police Foundation and the Simi Valley Police Foun- able energy sources. Its buying group, which Officers, how to fly. She also served for 10 dation. is now at the forefront of an innovative and years as Clark County Department of Aviation unique wind energy purchase, was noted by Mr. Speaker, I know my colleagues will join public information representative to McCarran the EPA as one of the top 25 largest national Airport, where she had the opportunity to me in thanking my friend Mark Layhew for his purchasers of green power. Its pioneering pur- teach schoolchildren about aviation careers. decades of service to the City of Simi Valley chases have promoted a cleaner and more Dedicated to encouraging young women to and his country, and in wishing him, his wife, environmentally-safe approach to energy con- pursue careers in aviation and technical fields, Holly, and their children Godspeed. sumption in our community. Furthermore, this Marie has developed a local ‘‘Wings’’ program purchase also represents the Nation’s first ef- as a part of the Girl Scouts. She also has de- f fort on the part of a local government to in- voted countless hours and her plane to carry clude renewable energy in the State’s plan to medical personnel and supplies to Mexico PAYING TRIBUTE TO KEVIN PAGE implement air quality improvements under the and, through Wings for Direct Relief, trans- federal Clean Air Act. ported supplies to California so they could be Montgomery County has long been a leader shipped to South America. HON. JON C. PORTER in the field of clean energy. In 2004, under Mr. Speaker, I am proud to congratulate OF NEVADA Montgomery County Executive Douglas M. Marie McMillan, winner of the Distinguished Duncan’s leadership, the County began pur- Nevadan Award and aviation pioneer. I com- IN THE HOUSE OF REPRESENTATIVES chasing five percent of its energy from wind. mend her dedication to the community, which Wednesday, July 26, 2006 In April 2006, County Executive Duncan and exemplifies her strong character, innovation, the County Council committed to increasing leadership, and service. Mr. PORTER. Mr. Speaker, I rise today to the County’s renewable energy purchase to 20 f honor Kevin Page for earning the Distin- percent of its total electricity use over the next guished Nevadan Award, the most prestigious 5 years. Significantly, Montgomery County has HONORING THE ALPHA PHI ALPHA award given by the Nevada System of Higher been actively encouraging residents to join FRATERNITY ON THE OCCASION Education Board of Regents. The award rec- these efforts by purchasing clean energy for OF ITS 100TH ANNIVERSARY ognizes the achievements of those who have their homes, businesses, and community orga- SPEECH OF contributed to the cultural, scientific, or social nizations. advancement of Nevada. Mr. Speaker, I urge my colleagues to join HON. AL GREEN Kevin has had an impressive academic ca- me in saluting Montgomery County, Maryland, OF TEXAS reer, graduating from the University of Ne- for its groundbreaking commitment to increas- IN THE HOUSE OF REPRESENTATIVES vada, Las Vegas with a bachelor’s degree in ing the overall consumption of renewable en- Tuesday, July 25, 2006 finance in 1986 and an MBA one year later. ergy sources now and in the years to come. f Mr. AL GREEN of Texas. Mr. Speaker, I He continued his involvement with UNLV rise in support of H. Con. Res. 384, a resolu- through 2005 as a member of the Alumni PAYING TRIBUTE TO MARIE tion recognizing and honoring the 100th anni- Board, and served as board president for MCMILLAN versary of the founding of the Alpha Phi Alpha three of those years. Fraternity, Incorporated, the first intercollegiate As a founding member of the Police and HON. JON C. PORTER Greek-letter fraternity established for African Fire Emerald Society of Nevada, he has been OF NEVADA Americans. committed to helping children and youth suc- IN THE HOUSE OF REPRESENTATIVES Since its founding on December 4, 1906, ceed, caring for families in need, and honoring Alpha Phi Alpha Fraternity, Inc., has provided fallen heroes. From 2001 to 2004, he led Run Wednesday, July 26, 2006 voice, vision, and pride to the struggle of Afri- for Heroes in raising scholarship money for Mr. PORTER. Mr. Speaker, I rise today to can-Americans and persons of African descent the families of fallen law enforcement mem- honor Marie Stever Daly McMillan for earning around the globe. bers and fire fighters, and helped shift some of the Distinguished Nevadan Award, the most Alpha Phi Alpha, was founded at Cornell that fundraising to the Golf for Heroes pro- prestigious award given by the Nevada Sys- University in Ithaca, New York, by seven col- gram in 2004. tem of Higher Education Board of Regents. lege men who recognized the need for a The award recognizes achievements of those strong bond of brotherhood among African de- Kevin’s interest in helping students goes be- who have contributed to the cultural, scientific, scendants in this country. The visionary found- yond the families of law enforcement and fire or social advancement of Nevada. ers, known as the ‘‘Jewels’’ of the fraternity, officials. Through his Kiwanis Club member- In 1957, Marie and her husband, Duke Daly, are Henry Arthur Callis, Charles Henry Chap- ship, he has raised more scholarship money moved to Nevada to work at the Nevada Test man, Eugene Kinckle Jones, George Biddle for high school Key Clubs and to support Site during the pioneering nuclear testing era, Kelley, Nathaniel Allison Murray, Robert Har- Clark County School District Varsity Quiz pro- and developed and implemented protocols for old Ogle, and Vertner Woodson Tandy. grams. the management of classified documents. Her The fraternity initially served as a study and Mr. Speaker, I am proud to congratulate work in this capacity was vital, as the nuclear support group for minority students who faced Kevin Page, winner of the Distinguished Ne- information had to be kept secret, but still racial prejudice, both educationally and so- vadan Award and dedicated volunteer. His available to the scientists working on the cially, at Cornell. Alpha Phi Alpha chapters fundraising efforts and foundation of the Emer- projects. quickly spread to other colleges and univer- ald Society have made a tremendous impact Although her work to preserve the confiden- sities, many of them historically black institu- on the Las Vegas community. tiality of nuclear secrets was important, her tions, soon after the founding at Cornell. While

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.053 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1547 continuing to stress academic excellence school. As a result of that experience, Alison goods we produce and not the workers who among its members, Alpha also recognized volunteered at Helen J. Stewart throughout produce them. Like the DR–CAFTA and Bah- the need to help correct the educational, eco- high school and remained involved with the rain Free Trade Agreements, the Oman Free nomic, political, and social injustices faced by school throughout her career. Since becoming Trade Agreement does not pass these tests. African-Americans and persons of African de- principal of the school, Alison has served her The agreement before us fails both parties: it scent around the world. students and her colleagues with vision, deter- will not help either America’s or Oman’s work- The Jewel founders and early leaders of the mination and a commitment to achieving ex- ers. fraternity succeeded in laying a firm foundation cellence. Her compassion for others, her de- Each new trade agreement entered into by for Alpha Phi Alpha’s principles of scholarship, sire to serve and her enthusiasm for special the United States ought to be closely scruti- fellowship, good character, and the uplifting of education has made an indelible impact on nized, and ought to include the strongest en- humanity. These principles of this organization our community. forceable worker rights and environmental hold true to this very day. Mr. Speaker, I am proud to honor Alison safeguards attainable. We know how to craft Alpha Phi Alpha has long stood at the fore- Kasner for her service as an educator and for such agreements, for example the U.S.-Jordan front of the African-American community’s fight her dedication to special needs students. Al- Agreement of 2000 was a fair and good for civil rights through leaders such as: W.E.B. though she will certainly be missed at Helen J. agreement. Unfortunately, the Bush Adminis- DuBois, Adam Clayton Powell, Jr., Edward Stewart School, I know that she will continue tration has abandoned that successful format Brooke, Martin Luther King, Jr., Thurgood to contribute her time, talent, and perspective and pushed ahead with a trade policy that Marshall, Andrew Young, William Gray, and in ways that will benefit and enrich the world only looks at the bottom line, rather than the Paul Robeson. around her. I wish Alison the very best in her workers who produced the goods or the envi- For almost a century, Alpha Phi Alpha Fra- retirement and in all her future endeavors. ronment they live in and rely upon for sustain- ternity, and all the ‘‘Brothers of the Black & f able growth. Old Gold,’’ the official colors of the fraternity, We need to go back to the successful for- have continuously served their community, PROVIDING FOR CONSIDERATION mat that incorporates American values into our country, people, and each other in a manner OF H.R. 5684, UNITED STATES- trade agreements. This would ensure that U.S. that is befitting of an organization of such OMAN FREE TRADE AGREEMENT companies and employees are not forced to character, dignity, and commitment. I, too, am IMPLEMENTATION ACT. compete with countries that have no or weak a proud member of Alpha Phi Alpha, and it is labor laws, poor working conditions, and a will- SPEECH OF an honor to be a part of an organization with ingness to debase the environment for the such a rich legacy. HON. RUSH D. HOLT short term. The people of all countries lose in Mr. Speaker, I urge my colleagues to sup- OF NEW JERSEY such a ‘‘race to the bottom’’. port this resolution recognizing and honoring IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I cannot support OFTA or the 100th anniversary of the founding of the Thursday, July 20, 2006 other flawed trade agreements. Alpha Phi Alpha Fraternity, Incorporated, the f first intercollegiate Greek-letter fraternity es- Mr. HOLT. Mr. Speaker, I oppose the Oman tablished for African Americans. Please vote in Free Trade Agreement (OFTA). PAYING TRIBUTE TO CHARLES support of H. Con. Res. 384. The Bush administration has again pre- KENNY LEAVITT f sented the Congress with a flawed trade agreement. I support vigorous international HON. JON C. PORTER PAYING TRIBUTE TO ALISON trade, but it should also be fair trade. OF NEVADA KASNER The inadequate labor provisions in this IN THE HOUSE OF REPRESENTATIVES agreement are almost identical to those con- HON. JON C. PORTER tained in the flawed Dominican Republic-Cen- Wednesday, July 26, 2006 OF NEVADA tral American Free Trade Agreement (DR– Mr. PORTER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES CAFTA), which I opposed. After the conten- honor my good friend for more than 20 years, tious vote on DR–CAFTA, the United States Charles ‘‘Charlie’’ Leavitt. Charlie will be retir- Wednesday, July 26, 2006 Trade Representative said he would address ing from a career in general engineering con- Mr. PORTER. Mr. Speaker, I rise today to the concerns we raised in future agreements. tracting on August 15, 2006. honor my dear friend Alison Kasner for her Unfortunately nothing has changed. Charlie was born on ‘‘the old Stewart dedication to education and for her out- OFTA does little to improve the poor protec- Ranch’’ in Las Vegas, Nevada, on August 24, standing service to southern Nevada. tion for workers in Oman. The labor provisions 1942. His class of 1960 was Rancho High Alison has served as the principal of Helen in this trade agreement are lackluster, and will School’s first graduating class. After gradua- J. Stewart School for the past 5 years and is be very hard to enforce. This trade agreement tion, he worked as a parking attendant for retiring this summer from a distinguished ca- asks Oman only to meet the lowest possible many of the hotel and casinos up and down reer with the Clark County School District. She dominator of labor law. We can and we must the Las Vegas Strip, including the Stardust began teaching school in southern Nevada at do better. Hotel and the Dunes Hotel and Casino, which the age of 20. During her career, Alison Currently, Oman labor laws do not provide is now the Bellagio Hotel and Casino. He then served the school district in a variety of capac- for the freedom to associate or the rights to went to work on the Virgin River Gorge Project ities. She has taught elementary through high organize and bargain collectively, the most as an engineer. This project provides a trans- school age students and also served as a fundamental of workers rights. There are no portation route from Las Vegas, through Ari- transitional counselor before becoming prin- protections for workers who want to strike in zona, and into Utah. cipal at Helen J. Stewart School Oman, and there are no independent unions. In 1974, Charlie joined the Warrants Divi- Although Alison Kasner has devoted a great Oman has said it will change, but it does not sion of the Las Vegas Metropolitan Police De- deal of her life to education, what is perhaps have to. These promises should be included partment and served until 1979. He then went most impressive about her is her dedication to as requirements in this agreement, not in un- to the Caesar’s Palace Hotel and Casino as a special needs students. Helen J. Stewart enforceable side letters. doorman and parking attendant. After running School is a very special school within the As I have said before, international trade is the front of that hotel for many years, he, Clark County School District that serves the not just inevitable, it is a good thing. It has along with his brother and nephews, moved to educational needs of students between the enormous potential to raise standards across the Tropicana Hotel to help with their failing ages of 6 and 22 who have significant mental the globe, disseminate technology and encour- parking situation. and developmental challenges. The school’s age economic growth. But lowering the cost of After marrying the love of his life Margaret mission is to provide an education specifically goods and increasing their availability is not ‘‘Peggy’’ on March 16, 1984, he started his tailored to the needs of its students so that all the single goal of trade. Trade should also lift own excavation company called Charles K. students have the opportunity to reach opti- the global standard of living. Trade agree- Leavitt Excavation in 1987, now known as mum development and become as self-suffi- ments are not just about goods and commod- CLK Incorporated. CKL Inc. serves the Las cient as possible. ities; they are also about what constitutes ac- Vegas, Henderson, and Boulder City areas. Alison first became acquainted with Stewart ceptable behavior in workers’ rights, environ- Charlie is very active in the community, School and its mission after visiting the cam- mental matters, intellectual property, and so serving in the Sunrise Rotary, and has served pus on a field trip her freshman year of high forth. We should make sure we export the in many leadership positions in the Church of

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.057 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS E1548 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2006 Jesus Christ of Latter-Day Saints. He is an EXPANDING HOMEOWNERSHIP ACT think it is fantastic that we are doing more to avid and accomplished golfer, and has won OF 2006 help those who wish to become homeowners the Boulder City Men’s Club Tournament. by making the Federal Housing Administration SPEECH OF more than a last resort. By including 100 per- His greatest accomplishment is being the cent financing for those wishing to purchase proud father of his four sons Michael Glen, HON. SHEILA JACKSON-LEE OF TEXAS housing up to the median housing price, we Christopher Keoni, Glen Kaimi, and Charles address the needs of more Americans than IN THE HOUSE OF REPRESENTATIVES Kelley. He also loves his daughters-in-law, before. In addition, giving attention to middle- Leanna and Rebecca. However, his greatest Tuesday, July 25, 2006 income borrowers provides the FHA with addi- joy comes from spending time with his six Ms. JACKSON-LEE of Texas. Mr. Speaker, tional funds to be able to help low-income bor- grand-children Tommy (19), Connor (8), Gar- I rise today in support of H.R. 5121. I hope rowers as well. ret (6), Olivia (4), Rory (3), Wyatt (2), and one that my colleagues will join me in voting for This bill puts money in the system while on the way Delaney, who will be born in Au- this bill to expand homeownership and the helping our Nation’s citizens become home- gust. American Dream to our fellow Americans. owners and I thank my colleagues for working In my district of Houston, Texas, the U.S. so hard on a comprehensive solution to the Mr. Speaker, I am honored to recognize Census Bureau reports that approximately 46 lack of homeownership in areas of our coun- Charles Leavitt on the floor of the House. I percent of housing units are owned by their in- try. commend him for his contributions to southern habitants. This needs to change and it is our I look forward to seeing this bill passed and Nevada and congratulate him on his retire- job in Congress to extend the opportunities of witnessing its positive impacts within my own ment. homeownership and the American Dream to community. I ask my colleagues to join me in all within our Nation. supporting this important legislation to expand I commend those of my colleagues that homeownership and extend the American have brought this issue to the floor today and Dream to all.

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JY8.060 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS July 26, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1549 SENATE COMMITTEE MEETINGS 10 a.m. strophic events, to revitalize Forest Health, Education, Labor, and Pensions Service experimental forests. Title IV of Senate Resolution 4, To hold hearings to examine the nomina- SR–328A agreed to by the Senate on February 4, tions of Andrew von Eschenbach, of 9:30 a.m. 1977, calls for establishment of a sys- Texas, to be Commissioner of Food and Environment and Public Works tem for a computerized schedule of all Drugs, Department of Health and To hold oversight hearings to examine meetings and hearings of Senate com- Human Services, and Paul DeCamp, of the Toxic Substances Control Act and mittees, subcommittees, joint commit- Virginia, to be Administrator of the the chemicals management program at tees, and committees of conference. Wage and Hour Division, Department Environmental Protection Agency. of Labor; to be followed by a business This title requires all such committees SD–406 meeting to consider pending nomina- Judiciary to notify the Office of the Senate Daily tions. To hold hearings to examine the author- Digest—designated by the Rules Com- SD–430 ity to prosecute terrorists under the mittee—of the time, place, and purpose 2 p.m. war crime provisions of Title 18. of the meetings, when scheduled, and Judiciary SD–226 any cancellations or changes in the To hold hearings to examine judicial 10 a.m. meetings as they occur. nominations. Homeland Security and Governmental Af- As an additional procedure along SD–226 fairs 2:15 p.m. To hold hearings to examine the status with the computerization of this infor- Foreign Relations mation, the Office of the Senate Daily of Iraq construction, focusing on con- Business meeting to consider Treaty Be- tracting and procurement issues. Digest will prepare this information for tween the United States and the Ori- SD–342 printing in the Extensions of Remarks ental Republic Of Uruguay Concerning 11:30 a.m. section of the CONGRESSIONAL RECORD the Encouragement and Reciprocal Energy and Natural Resources on Monday and Wednesday of each Protection of Investment, with An- Business meeting to consider the nomi- week. nexes and Protocol, signed at Mar Del nations of John Ray Correll, of Indi- Meetings scheduled for Thursday, Plata, Argentina, on November 4, 2005 ana, to be Director of the Office of Sur- (Treaty Doc. 109–9), United Nations July 27, 2006 may be found in the Daily face Mining Reclamation and Enforce- Convention Against Corruption (the ment, and Mark Myers, of Alaska, to Digest of today’s RECORD. ‘‘Corruption Convention’’), adopted by be Director of the United States Geo- MEETINGS SCHEDULED the United Nations General Assembly logical Survey, both of the Department on October 31, 2003 (Treaty Doc. 109–6), of the Interior, and Drue Pearce, of and the nominations of Richard E. JULY 28 Alaska, to be Federal Coordinator for Hoagland, of the District of Columbia, Alaska Natural Gas Transportation 9:30 a.m. to be Ambassador to the Republic of Projects, Federal Energy Regulatory Homeland Security and Governmental Af- Armenia, Christina B. Rocca, of Vir- Commission, and other pending cal- fairs ginia, for the rank of Ambassador dur- endar business. Federal Financial Management, Govern- ing her tenure of service as U.S. Rep- SD–628 ment Information, and International resentative to the Conference on Disar- 2:30 p.m. Security Subcommittee mament, and a Foreign Service Officer Judiciary To hold hearings to examine recovery Promotion List. Constitution, Civil Rights and Property and reconstitution of critical networks S–116, Capitol Rights Subcommittee relating to cyber security, focusing on 2:30 p.m. To hold hearings to examine creating a immediate steps that Department of Armed Services fair standard for attorney’s fee awards Homeland Security and the private sec- To hold hearings to examine the Boeing in establishment clause cases. tor can take to formalize a partnership Company Global Settlement Agree- SD–226 and to ensure effective response and re- ment. Banking, Housing, and Urban Affairs covery to major cyber network disrup- SH–216 Housing and Transportation Subcommittee tion. Environment and Public Works To hold hearings to examine efforts to SD–342 Fisheries, Wildlife, and Water Sub- meet the housing needs of veterans. committee SD–538 JULY 31 To hold hearings to examine interpreting 3 p.m. the effect of the U.S. Supreme Court’s AUGUST 3 Foreign Relations recent decision in the joint cases of 10 a.m. To hold hearings to examine the nomina- Rapanos v. United States and Carabell Energy and Natural Resources tion of Mark R. Dybul, of Florida, to be v. U.S. Army Corps of Engineers on To hold hearings to examine S. 2589, to Coordinator of United States Govern- ‘‘The Waters of the United States’’. enhance the management and disposal ment Activities to Combat HIV/AIDS SD–406 of spent nuclear fuel and high-level ra- Globally, with the rank of Ambassador. dioactive waste, to ensure protection of SD–419 AUGUST 2 public health and safety, to ensure the 9 a.m. territorial integrity and security of the AUGUST 1 Agriculture, Nutrition, and Forestry repository at Yucca Mountain. 9 a.m. Forestry, Conservation, and Rural Revital- SD–628 Homeland Security and Governmental Af- ization Subcommittee fairs To hold hearings to examine H.R. 4200, to Investigations Subcommittee improve the ability of the Secretary of POSTPONEMENTS To hold hearings to examine the issue of Agriculture and the Secretary of the tax havens and offshore abuses which Interior to promptly implement recov- are undermining the integrity of the ery treatments in response to cata- AUGUST 1 Federal tax system, focusing on case strophic events affecting Federal lands 9:30 a.m. histories on the use of offshore trusts under their jurisdiction, including the Judiciary and corporations to circumvent U.S. removal of dead and damaged trees and To hold hearings to examine the Thomp- tax, securities and anti-money laun- the implementation of reforestation son Memorandum’s effect on the right dering laws. treatments, to support the recovery of to counsel in corporate investigations. SD–106 non-Federal lands damaged by cata- SD–226

VerDate Aug 31 2005 06:25 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M26JY8.000 E26JYPT1 hmoore on PROD1PC68 with HMREMARKS Wednesday, July 26, 2006 Daily Digest Senate Lebanon Evacuation Funding Authority: Senate Chamber Action passed S. 3741, to provide funding authority to fa- Routine Proceedings, pages S8211–S8328 cilitate the evacuation of persons from Lebanon. Measures Introduced: Fourteen bills were intro- Page S8321 duced, as follows: S. 3731–3744. Pages S8269–70 Carl D. Perkins Career and Technical Education Measures Reported: Improvement Act—Conference Report: Senate H.R. 5576, making appropriations for the Depart- agreed to the conference report to accompany S. 250, ments of Transportation, Treasury, and Housing and to amend the Carl D. Perkins Vocational and Tech- Urban Development, the Judiciary, District of Co- nical Education Act of 1998 to improve the Act. lumbia, and independent agencies for the fiscal year Pages S8321–28 ending September 30, 2007, with an amendment in Gulf of Mexico Energy Security Act: Senate re- the nature of a substitute. (S. Rept. No. 109–293) sumed consideration of the motion to proceed to S. 3526, to amend the Indian Land Consolidation consideration of S. 3711, to enhance the energy Act to modify certain requirements under that Act. independence and security of the United States by (S. Rept. No. 109–294) providing for exploration, development, and produc- Report to accompany S. 2703, to amend the Vot- tion activities for mineral resources in the Gulf of ing Rights Act of 1965. (S. Rept. No. 109–295) Mexico. Pages S8211–16, S8222–55 During consideration of this measure today, Senate Page S8269 also took the following action: Measures Passed: By 86 yeas to 12 nays (Vote No. 217), three-fifths Temporary Assistance Program: Senate passed of those Senators duly chosen and sworn, having H.R. 5865, to amend section 1113 of the Social Se- voted in the affirmative, Senate agreed to the motion curity Act to temporarily increase funding for the to close further debate on the motion to proceed to program of temporary assistance for United States consideration of the bill. Pages S8215–16 citizens returned from foreign countries, after agree- A unanimous-consent agreement was reached pro- ing to the following amendment proposed thereto: viding that following the opening remarks of the Pages S8216–17 Majority and Democratic Leaders on Thursday, July Martinez (for Grassley/Baucus) Amendment No. 27, 2006, the motion to proceed be agreed to and the Senate begin consideration of the bill. Page S8328 4695, in the nature of a substitute. Page S8217 Burmese Import Restriction Renewal: Senate Nominations Confirmed: Senate confirmed the fol- passed H.J. Res. 86, Approving the renewal of im- lowing nominations: port restrictions contained in the Burmese Freedom James Lambright, of Missouri, to be President of and Democracy Act of 2003, clearing the measure the Export-Import Bank of the United States for a term expiring January 20, 2009. for the President. Pages S8217–22 Ronald S. Cooper, of Virginia, to be General Foreign Investment and National Security Act: Counsel of the Equal Employment Opportunity Senate passed S. 3549, to amend the Defense Pro- Commission for a term of four years. duction Act of 1950 to strengthen Government re- Lawrence A. Warder, of Texas, to be Chief Finan- view and oversight of foreign investment in the cial Officer, Department of Education. United States, to provide for enhanced Congressional Troy R. Justesen, of Utah, to be Assistant Sec- Oversight with respect thereto, after agreeing to the retary for Vocational and Adult Education, Depart- following amendment proposed thereto: ment of Education. Pages S8317–21 R. Hunter Biden, of Delaware, to be a Member Shelby Amendment No. 4703, to make certain re- of the Reform Board (Amtrak) for a term of five visions to the bill. Pages S8318–21 years. D842

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST July 26, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D843 Donna R. McLean, of the District of Columbia, to sumer Services, and to be a Member of the Board of be a Member of the Reform Board (Amtrak) for a Directors of the Commodity Credit Corporation, who term of five years. was introduced by Senator Nelson (NE); Margo M. Geoffrey S. Bacino, of Illinois, to be a Director of McKay, of Virginia, to be an Assistant Secretary of the Federal Housing Finance Board for a term expir- Agriculture for Civil Rights, who was introduced by ing February 27, 2013. Senator Allen; and Bruce I. Knight, of South Da- Linda Mysliwy Conlin, of New Jersey, to be First kota, to be Under Secretary of Agriculture for Mar- Vice President of the Export-Import Bank of the keting and Regulatory Programs, and to be a Mem- United States for a term expiring January 20, 2009. ber of the Board of Directors of the Commodity J. Joseph Grandmaison, of New Hampshire, to be Credit Corporation, who was introduced by Senator a Member of the Board of Directors of the Export- Thune, after the nominees testified and answered Import Bank of the United States for a term expir- questions in their own behalf. ing January 20, 2009. TAX GAP Frederic S. Mishkin, of New York, to be a Mem- ber of the Board of Governors of the Federal Reserve Committee on Finance: Subcommittee on Taxation and System for the unexpired term of fourteen years from IRS (Internal Revenue Service) Oversight held a February 1, 2000. hearing to examine the size and sources of the tax Edmund C. Moy, of Wisconsin, to be Director of gap, which is the difference between the amount of the Mint for a term of five years. tax imposed on taxpayers for a given year and the 3 Coast Guard nominations in the rank of admi- amount that is paid voluntarily and timely, receiving testimony from Mark J. Mazur, Director, Research, ral. Page S8328 Analysis, and Statistics, IRS, J. Russell George, In- Messages From the House: Page S8266 spector General for Tax Administration, and Ray- Measures Referred: Pages S8266–67 mond T. Wagner, Jr., Chairman, IRS Oversight Board, all of the Department of the Treasury; Nina Enrolled Bills Presented: Page S8267 E. Olson, National Taxpayer Advocate Service; and Petitions and Memorials: Pages S8267–69 Michael Brostek, Director, Tax Issues, Strategic Additional Cosponsors: Pages S8270–71 Issues Team, Government Accounting Office. Statements on Introduced Bills/Resolutions: Hearing recessed subject to the call. Pages S8271–82 NOMINATION Additional Statements: Pages S8262–66 Committee on Foreign Relations: Committee concluded Amendments Submitted: Pages S8282–S8317 a hearing to examine the nomination of Philip S. Goldberg, of Massachusetts, to be Ambassador to the Authorities for Committees to Meet: Page S8317 Republic of Bolivia, after the nominee testified and Privileges of the Floor: Page S8317 answered questions in his own behalf. Record Votes: One record vote was taken today. INTELLECTUAL PROPERTY RIGHTS (Total—217) Pages S8215–16 Committee on Homeland Security and Governmental Af- Recess: Senate convened at 9 a.m., and recessed at fairs: Subcommittee on Oversight of Government 7:23 p.m., until 9:30 a.m., on Thursday, July 27, Management, the Federal Workforce, and the Dis- 2006. (For Senate’s program, see the remarks of the trict of Columbia concluded a hearing to examine a Acting Majority Leader in today’s Record on page progress report on protecting and enforcing intellec- S8328.) tual property rights here and abroad, focusing on the Administration’s Strategy Targeting Organized Pi- Committee Meetings racy (STOP!) and the extent to which it has been ef- fective in educating businesses about the issues re- (Committees not listed did not meet) lated to conducting business in the global economy, the progress made since the appointment of the IP NOMINATIONS Coordinator last July, and explore if the STOP! ini- Committee on Agriculture, Nutrition, and Forestry: Com- tiative has identified effective human capital and mittee concluded a hearing to examine the nomina- strategic plans to build on the existing program, and tions of Michael V. Dunn, of Iowa, to be a Commis- if it has the necessary resources required to complete sioner of the Commodity Futures Trading Commis- its mission, after receiving testimony from Chris sion, who was introduced by Senator Harkin; Nancy Israel, Coordinator for International Intellectual Montanez-Johner, of Nebraska, to be Under Sec- Property Enforcement, and Stephen M. Pinkos, Dep- retary of Agriculture for Food, Nutrition, and Con- uty Under Secretary for Intellectual Property, and

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST D844 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2006

Deputy Director, U.S. Patent and Trademark Office, ican people, the Nation, and its interests from ter- both of the Department of Commerce; Arif Alikhan, rorist attack while ensuring that the civil liberties of Vice Chairman, Taskforce on Intellectual Property, United States citizens are safeguarded, after receiving and Deputy Director, National Intellectual Property testimony from General Michael V. Hayden, Direc- Law Enforcement Coordination Council, Department tor, Central Intelligence Agency; Lieutenant General of Justice; Loren Yager, Director, International Af- Keith B. Alexander, Director, National Security fairs and Trade, Government Accountability Office; Agency, Chief, Central Security Service; Steven G. and Anthony C. LaPlaca, Bendix Commercial Vehi- Bradbury, Acting Assistant Attorney General, Office cle Systems, LLC, Elyria, Ohio. of Legal Counsel, Department of Justice; H. Bryan FISA FOR THE 21ST CENTURY Cunningham, Morgan and Cunningham, LLC, Den- ver, Colorado; James X. Dempsey, Center for De- Committee on the Judiciary: Committee concluded a mocracy and Technology, and Mary B. DeRosa, hearing to examine the current and future status of Johns Hopkins Center for Strategic and International the Foreign Intelligence Surveillance Act which pre- scribes procedures for requesting judicial authoriza- Studies Technology and Public Policy Program, both tion for electronic surveillance and physical search of of Washington, D.C.; and John Schmidt, Mayer, persons engaged in espionage or international ter- Brown, Rowe, and Maw, LLP, Chicago, Illinois. rorism against the United States on behalf of a for- eign power, and related measures S. 2453, to estab- INTELLIGENCE lish procedures for the review of electronic surveil- Select Committee on Intelligence: Committee held closed lance programs, and S. 2455, to provide in statute hearings on intelligence matters, receiving testimony for the conduct of electronic surveillance of suspected from officials of the intelligence community. terrorists for the purposes of protecting the Amer- Committee recessed subject to call. h House of Representatives H. Res. 952, providing for consideration of H.R. Chamber Action 4157, to amend the Social Security Act to encourage Public Bills and Resolutions Introduced: 26 pub- the dissemination, security, confidentiality, and use- lic bills, H.R. 5889–5914; and 9 resolutions, H. fulness of health information technology (H. Rept. Con. Res. 454–456; and H.Res. 949–950, 953–956 109–603). Page H5952 were introduced. Pages H5952–54 Speaker: Read a letter from the Speaker wherein he Additional Cosponsors: Page H5954 appointed Representative Price of Georgia to act as Reports Filed: Reports were filed today as follows: Speaker pro tempore for today. Page H5857 H.R. 5830, to amend section 29 of the Inter- Chaplain: The prayer was offered by the guest national Air Transportation Competition Act of Chaplain, Rev. Richard K. Barnard, Rector, The 1979 relating to air transportation to and from Love Chapel of the Cross, Dallas, Texas. Page H5857 Field, Texas (H. Rept. 109–600, Pt. 1); H.R. 4157, to amend the Social Security Act to Recess: The House recessed at 10:06 a.m. for the encourage the dissemination, security, confiden- purpose of receiving His Excellency Nouri Al- tiality, and usefulness of health information tech- Maliki, Prime Minister of the Republic of Iraq. The nology, with amendments (H. Rept. 109–601, Pt. House reconvened at 12:15 p.m., and agreed that 1); and the proceedings had during the Joint Meeting be H.R. 4157, to amend the Social Security Act to printed in the Record. Page H5858 encourage the dissemination, security, confiden- Joint Meeting to receive His Excellency Nouri tiality, and usefulness of health information tech- Al-Maliki, Prime Minister of the Republic of nology, with an amendment (H. Rept. 109–601, Pt. Iraq: The House and Senate met in a joint session 2); to receive His Excellency Nouri Al-Maliki, Prime H. Res. 951, waiving a requirement of clause 6(a) Minister of the Republic of Iraq. He was escorted of rule XIII with respect to consideration of certain into the Chamber by a committee comprised of Rep- resolutions reported from the Committee on Rules resentatives Blunt, Pryce of Ohio, Hunter, Ros- (H. Rept. 109–602); and Lehtinen, Hoekstra, Pelosi, Hoyer, Clyburn, Larson

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST July 26, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D845 of Connecticut, and Lantos; and Senators Frist, Expressing the sense of Congress that the Gov- McConnell, Stevens, Santorum, Hutchison, Kyl, ernment of Venezuela should actively support Dole, Burns, Reid, and Durbin. Pages H5858–60 strategies for ensuring secure airport facilities that Suspensions: The House agreed to suspend the rules meet international certifications to prevent traf- and pass the following measures: ficking of controlled substances, narcotics, and Reform of National Security Reviews of Foreign laundered money: H. Con. Res. 400, amended, to Direct Investments Act: H.R. 5337, amended, to express the sense of Congress that the Government ensure national security while promoting foreign in- of Venezuela should actively support strategies for vestment and the creation and maintenance of jobs, ensuring secure airport facilities that meet inter- to reform the process by which such investments are national certifications to prevent trafficking of con- examined for any effect they may have on national trolled substances, narcotics, and laundered money; security, to establish the Committee on Foreign In- and Pages H5930–36 vestment in the United States, by a (2⁄3) yea-and-nay Amending the Iran and Libya Sanctions Act of vote of 424 yeas with none voting ‘‘nay’’, Roll No. 1996 to extend the authorities provided in such 404; Pages H5863–73, H5899–H5900 Act until September 29, 2006: H.R. 5877, to United States-Israel Energy Cooperation Act: amend the Iran and Libya Sanctions Act of 1996 to H.R. 2730, amended, to establish a grant program extend the authorities provided in such Act until to fund eligible joint ventures between United States September 29, 2006. Pages H5936–37 and Israeli businesses and academic persons, to estab- Suspensions—Proceedings Postponed: The House lish the International Energy Advisory Board; completed debate on the following measure under Pages H5874–78 Agreed to amend the title so as to read: ‘‘To au- suspension of the rules. Further consideration of the thorize funding for eligible joint ventures between measure is expected to resume tomorrow, Thursday, United States and Israeli businesses and academic July 27th: persons, to establish the International Energy Advi- Congratulating the International AIDS Vaccine sory Board, and for other purposes.’’. Page H5878 Initiative on ten years of significant achievement Fuel Consumption Education Act: H.R. 5611, in the search for an HIV/AIDS vaccine: H. Res. amended, to provide for the establishment of a part- 844, amended, to congratulate the International nership between the Secretary of Energy and appro- AIDS Vaccine Initiative on ten years of significant priate industry groups for the creation of a transpor- achievement in the search for an HIV/AIDS vaccine. tation fuel conservation education campaign; Pages H5937–39 Pages H5878–83 Amending section 1113 of the Social Security Agreed to amend the title so as to read: ‘‘To au- Act to temporarily increase funding for the pro- thorize a partnership between the Secretary of En- gram of temporary assistance for United States ergy and appropriate industry groups for the creation citizens returned from foreign countries: The of a transportation fuel conservation education cam- House agreed by unanimous consent to agree with paign, and for other purposes.’’. Page H5883 the Senate amendment and pass H.R. 5865, to Deleting Online Predators Act of 2006: H.R. amend section 1113 of the Social Security Act to 5319, amended, to amend the Communications Act temporarily increase funding for the program of tem- of 1934 to require recipients of universal service sup- porary assistance for United States citizens returned port for schools and libraries to protect minors from from foreign countries—clearing the measure for the commercial social networking websites and chat President. Page H5902 rooms, by a (2⁄3) yea-and-nay vote of 410 yeas to 15 nays, Roll No. 405; Pages H5883–89, H5900 United States and India Nuclear Cooperation Promotion Act of 2006: The House passed H.R. Expressing the sense of the House of Representa- 5682, to exempt from certain requirements of the tives that a National Historically Black Colleges Atomic Energy Act of 1954 a proposed nuclear and Universities Week should be established: H. agreement for cooperation with India, by a yea and Res. 928, to express the sense of the House of Rep- resentatives that a National Historically Black Col- nay vote of 359 yeas to 68 nays, Roll No. 411. leges and Universities Week should be established; Pages H5894–99, H5902–30 Pages H5889–94 Rejected the Markey motion to recommit the bill to the Committee on International Relations with Providing for a correction to the enrollment of S. instructions to report the same back to the House 203: H. Con. Res. 456, to provide for a correction forthwith with an amendment, by a recorded vote of to the enrollment of S. 203; Pages H5901–02

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST D846 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2006 192 ayes to 235 noes, Roll No. 410, after ordering Berman amendment (No. 5 printed in part B of the previous question without objection. H. Rept. 109–599) that sought to restrict exports of Pages H5928–30 uranium and other types of nuclear reactor fuel (de- Pursuant to the rule, the amendment in the na- fined as ‘‘source material’’ and ‘‘special nuclear mate- ture of a substitute recommended by the Committee rial’’ in the Atomic Energy Act of 1954) to India on International Relations now printed in the bill, until the President determines that India has halted modified by the amendment printed in part A of the the production of fissile material (i.e. plutonium and report, shall be considered as adopted in the House highly enriched uranium) for use in nuclear weapons and in the Committee of the Whole. The bill, as (by a recorded vote of 184 ayes to 241 noes, Roll amended, shall be considered as the original bill for No. 409). Pages H5923–24, H5927 the purpose of further amendment and shall be con- H. Res. 947, the rule providing for consideration sidered as read. Page H5915 of the bill was agreed to by a yea-and-nay vote of Rejected the Obey motion that the Committee 311 yeas to 112 nays, Roll No. 406, after agreeing rise and strike the enacting clause by voice vote. to order the previous question. Pages H5900–01 Pages H5917–18 Late Report: Agreed that the Committee on Finan- Agreed to: cial Services have until 5 p.m. on Friday, August 11, Royce amendment (No. 1 printed in part B of H. 2006 to file a report on H.R. 5637, to streamline Rept. 109–599) modified, to make technical and the regulation of nonadmitted insurance and reinsur- conforming changes to the text and also removes an ance. Page H5930 amendment adopted during the full committee Summer District Work Period: The House com- markup relating to subsection 4(b)(7); Pages H5981–19 pleted debate on H. Con. Res. 454, providing for a Jackson-Lee of Texas amendment (No. 3 printed conditional adjournment of the House of Representa- in part B of H. Rept. 109–599) expresses the sense tives and a conditional recess or adjournment of the of Congress declaring the importance of the South Senate. Further consideration is expected to resume Asia region and urging the continuation of the tomorrow, Thursday, July 27th. Pages H5873–74 United States’ policy of engagement, collaboration, Senate Messages: Messages received from the Senate and exchanges with and between India and Pakistan; today appear on pages H5860, H5902. Pages H5920–22 Fortenberry amendment (No. 6 printed in part B Senate Referrals: S. 3549 was referred to the Com- of H. Rept. 109–599) modified, to provide Congress mittees on Financial Services, International Rela- with the ability to assess, to the extent possible, tions, and Energy and Commerce. Page H5950 whether annual levels of India’s nuclear fissile pro- Quorum Calls—Votes: Three yea-and-nay votes duction may imply a possible violation of Article I and five recorded votes developed during the pro- of the Nuclear Nonproliferation Treaty; and ceedings of today and appear on pages Pages H5924–25 H5899–H5900, H5900, H5900–01, H5926, Stearns amendment (No. 2 printed in part B of H5926–27, H5927, H5929–30, H5930. There were H. Rept. 109–599) to reinforce the intent of Con- no quorum calls. gress that the nuclear cooperation into which the Adjournment: The House met at 10 a.m. and ad- governments of the United States and India would journed at midnight. enter is for peaceful, productive purposes, not mili- tary (by a recorded vote of 414 ayes with none vot- ing ‘‘noe’’, Roll No. 407). Pages H5919–20, H5926 Committee Meetings Rejected: MILITARY COMMISSIONS AND TRIBUNALS Sherman amendment (No. 4 printed in part B of STANDARDS H. Rept. 109–599) which sought to require that, Committee on Armed Services: Held a hearing on stand- before any nuclear cooperation with India can go for- ards of military commissions and tribunals. Testi- ward, and every year thereafter, the President must mony was heard from Jennifer Elsea, Legislative At- certify that during the preceding year India has not torney, American Law Division, CRS, Congressional increased the level of domestic uranium it sends Research Service, Library of Congress; and public through its weapons program. Baseline for the deter- witnesses mination under the amendment is the 365 day pe- riod preceding the July 18, 2005 Bush-Singh dec- NUCLEAR MATERIAL DISPOSITION laration on nuclear cooperation (by a recorded vote Committee on Armed Services: Subcommittee on Stra- of 155 ayes to 268 noes, Roll No. 408); and tegic Forces held a hearing on plutonium disposition Pages H5922–23, H5926–27 and the U.S. Mixed Oxide Fuel Facility. Testimony

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST July 26, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D847 was heard from the following officials of the Depart- DEA, Department of the Judiciary; and public wit- ment of Energy: Ambassador Linton F. Brooks, Ad- nesses. ministrator, National Nuclear Security Administra- FOIA IMPLEMENTATION tion; and Charles Anderson, Principle Deputy Assist- ant Secretary, Office of Environmental Management; Committee on Government Reform: Subcommittee on Ambassador Michael Guhin, Fissile Materials Nego- Government Management, Finance, and Account- tiator, Department of State; and a public witness. ability held a hearing entitled ‘‘Implementing FOIA—Does the Administration’s Executive Order ENGLISH AS THE OFFICIAL LANGUAGE— Improve Processing?’’ Testimony was heard from EXAMINING VIEWS Senators Cornyn and Leahy; Representative Sherman; Committee on Education and the Workforce: Sub- Dan Metcalfe, Director, Office of Information and committee on Education Reform held a hearing on Privacy, Department of Justice; Linda Koontz, Direc- Examining Views on English as the Official Lan- tor, Information Management Issues, GAO; and pub- guage. Testimony was heard from Senator Paul lic witnesses. McKinley, General Assembly, State of Iowa; and PUBLIC HEALTH DISASTERS public witnesses. PREPAREDNESS MISCELLANEOUS MEASURES Committee on Homeland Security: Subcommittee on Committee on Energy and Commerce: Ordered reported Emergency Preparedness, Science and Technology the following bills: H.R. 4583, amended, Wool Suit held a hearing entitled ‘‘Emergency Care Crisis: A Fabric Labeling Fairness and International Standards Nation Unprepared for Public Health Disasters.’’ Conforming Act; H.R. 1078, amended, Social Secu- Testimony was heard from public witnesses. rity Number Protection Act of 2005; and H.R. REGIONAL IMMIGRATION CRISIS 5863, To authorize temporary emergency extensions Committee on International Relations: Subcommittee on to certain exemptions to the requirements with re- Western Hemisphere held a hearing on Immigra- spect to polychlorinated biphenyls under the Toxic tion: Responding to a Regional Crisis. Testimony Substances Control Act. was heard from Crescenio Arcos, Assistant Secretary, SILICOSIS STORY Office of International Affairs, Office of Policy, De- partment of Homeland Security; the following offi- Committee on Energy and Commerce, Subcommittee on cials of the Department of State: Elizabeth A. Oversight and Investigations held a hearing on the Whitaker, Deputy Assistant Secretary, Bureau of Silicosis Story: Mass Tort Screening and the Public Western Hemisphere Affairs; and Mark Silverman, Health. Testimony was heard from public witnesses. Principal Deputy Assistant Administrator, Bureau MISCELLANEOUS MEASURES for Latin America and the Caribbean, U.S. Agency for International Development; and public witnesses. Committee on Financial Services: Ordered reported the following bills: H.R. 5503, FHA Multifamily Loan MISCELLANEOUS MEASURES; COMMITTEE Limit Adjustment Act of 2006; H.R. 5851, Hawai- BUSINESS; ISSUANCE OF A SUBPOENA ian Ownership Opportunity Act; and H.R. 5637, Committee on the Judiciary: to continue mark up of amended, Nonadmitted and Reinsurance Reform Act H.R. 1704, Second Chance Act of 2005; and to of 2006. mark up the following bills: H.R. 2679, Public Ex- pression of Religion Act of 2005; H.R. 5092, Bu- PRESCRIPTION DRUG ABUSE reau of Alcohol, Tobacco, Firearms, and Explosives Committee on Government Reform: Subcommittee on (BATFE) Modernization and Reform Act of 2006; Criminal Justice, Drug Policy and Human Resources H.R. 5005, Firearms Corrections and Improvements held a hearing entitled ‘‘Prescription Drug Abuse: Act; H.R. 1384, Firearm Commerce Modernization What is Being Done to Address this New Drug Epi- Act; and H.R. 1415, NICS Improvement Act of demic.’’ Testimony was heard from Bertha Madras, 2005. Deputy Director, Demand Reduction, Office of Na- The Committee also approved the following mo- tional Drug Policy; the following officials of the De- tions: Establishing a Special Investigative Task Force partment of Health and Human Services: Nora D. of the Committee for the consideration of H. Res. Volkow, M.D., Director, National Institute on Drug 916, Impeaching Manuel L. Real, judge of the Abuse, NIH; and Sandra Kweder, M.D., Deputy Di- United States District Court for the Central District rector, Office of New Drugs, Center for Drug Eval- of California, for high crimes and misdemeanors; and uation and Review, FDA; Joe Rannazzisi, Deputy to authorize the issuance of a subpoena to Elaine L. Assistant Administrator, Office of Diversion Control, Chao, Secretary of Labor.

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST D848 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2006

MISCELLANEOUS MEASURES waives all points of order against the Senate bill and Committee on Resources: Ordered reported the following against its consideration. The rule provides that it bills: H.R. 479, amended, To replace a Coastal Bar- shall be in order to move to strike all after the en- rier Resources System map relating to Coastal Bar- acting clause of the Senate bill and to insert in lieu rier Resources System Grayton Beach Unit FL–095 thereof the provisions of H.R. 4157 as passed by the in Walton County, Florida; H.R. 4893, amended, House. The rule waives all points of order against To amend section 20 of the Indian Gaming Regu- that motion. The rule provides that if the motion is latory Act to restrict off-reservation gaming; H.R. adopted and the Senate bill, as amended, is passed, 5861, amended, To amend the National Historic then it shall be in order to move that the House in- Presevation Act; and S. 1773, Pueblo de San sist on its amendments to S. 1418 and request a Llidefonso Claims Settlement Act of 2005. conference with the Senate thereon. Finally, the rule provides that H. Res. 924 is laid on the table. Testi- HEALTH INFORMATION TECHNOLOGY mony was heard from Chairman Barton, Representa- PROMOTION ACT OF 2005 tives Wilson of South Carolina, Gingrey, McMorris, Committee on Rules: Granted, by a vote of 9 to 4, a Price of Georgia, Pallone, Markey, Towns, Wynn, structured rule providing one hour of general debate Jackson of Illinois, Kennedy of Rhode Island, and on H.R. 4157, to amend the Social Security Act to Christensen. encourage the dissemination, security, confiden- SAME DAY CONSIDERATION OF CERTAIN tiality, and usefulness of health information tech- RESOLUTIONS REPORTED BY THE RULES nology, with 35 minutes equally divided and con- COMMITTEE trolled by the chairman and ranking minority mem- ber of the Committee on Energy and Commerce, and Committee on Rules: Granted, by voice vote, a rule 25 minutes equally divided and controlled by the waiving clause 6(a) of rule XIII (requiring a two- chairman and ranking minority member of the Com- thirds vote to consider a rule on the same day it is mittee on Ways and Means. The rule waives all reported from the Rules Committee) against certain points of order against consideration of the bill. The resolutions reported from the Rules Committee. The rule provides that in lieu of the amendments rec- rule applies the waiver to any special rule reported ommended by the Committees on Energy and Com- on the legislative day of July 27, 2006, providing merce and Ways and Means now printed in the bill, for consideration or disposition of any of the fol- the amendment in the nature of a substitute printed lowing measures: (1) a conference report to accom- in part A of the Rules Committee report accom- pany the bill (H.R. 2830) to amend the Employee panying the resolution, modified by the amendment Retirement Income Security Act of 1974 and the In- printed in Part B of the report, shall be considered ternal Revenue Code of 1986 to reform the pension as adopted in the House and in the Committee of funding rules, and for other purposes; (2) a bill to the Whole. The rule provides that the bill, as amend the Internal Revenue Code of 1986 to in- amended, shall be considered as the original bill for crease the unified credit against the estate tax to an the purpose of further amendment and shall be con- exclusion equivalent of $5,000,000, to repeal the sidered as read. The rule waives all points of order sunset provision for the estate and generation-skip- against provisions in the bill as amended. The rule ping taxes, and to extend expiring provisions, and makes in order only those further amendments print- for other purposes. ed in part C of the Rules Committee report. The GOVERNMENT EFFICIENCY ACT OF 2006 rule provides that the amendments printed in part Committee on Rules: Testimony was heard from Chair- C of the report may be offered only in the order man Davis (VA), Representatives Boehlert, Tiahrt, printed in the report, may be offered only be a and Weiner, but action was deferred on H.R. 5766, Member designated in the report, shall be considered Government Efficiency Act of 2006. as read, shall be debatable for the time specified in the report equally divided and controlled by the pro- OVERSIGHT—NATIONAL DAM SAFETY ponent and an opponent, shall not be subject to PROGRAM ACT amendment, and shall not be subject to a demand Committee on Transportation and Infrastructure: Sub- for division of the question in the House or in the committee on Economic Development, Public Build- Committee of the Whole. The rule waives all points ings and Emergency Management held an oversight of order against the amendments in the Rules Com- hearing on proposed amendments to and reauthoriza- mittee report. The rule provides one motion to re- tion of the National Dam Safety Program Act. Testi- commit with or without instructions. The rule pro- mony was heard from David I. Maurstad, Director, vides that after passage of H.R. 4157, it shall be in Mitigation Division and Federal Insurance Adminis- order to consider in the House S. 1418. The rule trator, FEMA, Department of Homeland Security;

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST July 26, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D849 Steven L. Stockton, Deputy Director, Civil Works, supply projects and to amend the Reclamation Waste- U.S. Army Corps of Engineers; Ruth A. Moore, water and Groundwater Study and Facilities Act to en- courage the design, planning, and construction of projects Deputy Commissioner, Natural Resources and Water to treat impaired surface water, reclaim and reuse im- Quality, Department of Environmental Conservation, paired groundwater, and provide brine disposal in the State of New York; and public witnesses. State of California, S. 3639, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to IMPACTS OF BORDER SECURITY AND provide standards and procedures for the review of water IMMIGRATION ON WAYS AND MEANS reclamation and reuse projects, H.R. 177, to amend the PROGRAMS Reclamation Wastewater and Groundwater Study and Fa- Committee on Ways and Means: cilities Act to authorize the Secretary of the Interior to Held a hearing on Im- participate in the Prado Basin Natural Treatment System pacts of Border Security and Immigration on Ways Project, to authorize the Secretary to carry out a program and Means Programs. Testimony was heard from the to assist agencies in projects to construct regional brine following officials of the Department of Health and lines in California, to authorize the Secretary to partici- Human Services: Wade F. Horn, Assistant Secretary, pate in the Lower Chino Dairy Area desalination dem- Children and Families; and Thomas A. Gustafson, onstration and reclamation project, H.R. 2341, to amend the Reclamation Wastewater and Groundwater Study and Deputy Director, Centers for Medicare and Medicaid Facilities Act to authorize the Secretary of the Interior to Services; Julie L. Myers, Assistant Secretary, U.S. participate in the design, planning, and construction of a Immigration and Customs Reform, Department of project to reclaim and reuse wastewater within and out- Homeland Security; Mark W. Emerson, Commis- side of the service area of the City of Austin Water and sioner, IRS, Department of the Treasury; Jo Anne B. Wastewater Utility, Austin, Texas, and H.R. 3418, to amend the Reclamation Wastewater and Groundwater Barnhart, Commissioner, SSA; and public witnesses. Study and Facilities Act to authorize the Secretary of the INTELLIGENCE COMMUNITY ACQUISITION Interior to participate in the Central Texas Water Recy- REFORM cling and Reuse Project, 2:30 p.m., SD–366. Committee on Environment and Public Works: to hold hear- Permanent Select Committee on Intelligence: Met in execu- ings to examine a path forward for the nation’s emer- tive session to hold a hearing on Intelligence Com- gency preparedness and response system relating to the munity Acquisition Reform. Testimony was heard Stafford Act, 9:30 a.m., SD–406. from departmental witnesess. Committee on Finance: business meeting to consider pro- posed legislation implementing the U.S.-Peru Trade Pro- f motion Agreement, and S. 3495, to authorize the exten- sion of nondiscriminatory treatment (normal trade rela- NEW PUBLIC LAWS tions treatment) to the products of Vietnam, 10 a.m., (For last listing of Public Laws, see DAILY DIGEST, p. D 838) SD–215. Committee on Foreign Relations: to hold hearings to exam- S. 655, to amend the Public Health Service Act ine the nominations of John Robert Bolton, of Maryland, with respect to the National Foundation for the Cen- to be the U.S. Representative to the United Nations, ters for Disease Control and Prevention. Signed on with the rank and status of Ambassador, and the U.S. July 26, 2006. (Public Law 109–245) Representative in the Security Council of the United Na- tions, to which position he was appointed during the re- f cess of the Senate from July 29, 2005, to September 1, COMMITTEE MEETINGS FOR THURSDAY, 2005, and to be U.S. Representative to the Sessions of the General Assembly of the United Nations during his JULY 27, 2006 tenure of service as U.S. Representative to the United (Committee meetings are open unless otherwise indicated) Nations, to which position he was appointed during the recess of the Senate from July 29, 2005, to September 1, Senate 2005, 9:30 a.m., SH–216. Committee on Agriculture, Nutrition, and Forestry: Sub- Full Committee, to hold hearings to examine the committee on Forestry, Conservation, and Rural Revital- nominations of Richard W. Graber, of Wisconsin, to be ization, to hold an oversight hearing to examine the De- Ambassador to the Czech Republic, and Karen B. Stew- partment of Agriculture’s use of technical service pro- art, of Florida, to be Ambassador to the Republic of viders, 10 a.m., SR–328A. Belarus, 2:30 p.m., SD–419. Committee on Armed Services: to hold hearings to examine Committee on Health, Education, Labor, and Pensions: to the nomination of Lieutenant General James T. Conway, hold hearings to examine S. 3128, to amend the Federal USMC, for appointment to the grade of general and to Food, Drug, and Cosmetic Act to provide for uniform be Commandant of the Marine Corps, 10 a.m., SR–222. food safety warning notification requirements, 10 a.m., Committee on Commerce, Science, and Transportation: to SD–430. hold a hearing to examine pending nominations, 11 a.m., Committee on Homeland Security and Governmental Affairs: SR–253. business meeting to consider S. 1838, to provide for the Committee on Energy and Natural Resources: Subcommittee sale, acquisition, conveyance, and exchange of certain real on Water and Power, to hold hearings to examine S. property in the District of Columbia to facilitate the uti- 3638, to encourage the Secretary of the Interior to par- lization, development, and redevelopment of such prop- ticipate in projects to plan, design, and construct water erty, S. 3721, to amend the Homeland Security Act of

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 5627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST D850 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2006

2002 to establish the United States Emergency Manage- civil liberties of United States citizens are safeguarded, S. ment Authority, S. 2590, to require full disclosure of all 2468, to provide standing for civil actions for declaratory entities and organizations receiving Federal funds, S. and injunctive relief to persons who refrain from elec- 3613, to designate the facility of the United States Postal tronic communications through fear of being subject to Service located at 2951 New York Highway 43 in Averill warrantless electronic surveillance for foreign intelligence Park, New York, as the ‘‘Major George Quamo Post Of- purposes, S. 3001, to ensure that all electronic surveil- fice Building’’, H.R. 4246, to designate the facility of the lance of United States persons for foreign intelligence United States Postal Service located at 8135 Forest Lane purposes is conducted pursuant to individualized court- in Dallas, Texas, as the ‘‘Dr. Robert E. Price Post Office issued orders, to streamline the procedures of the Foreign Building’’, H.R. 4962, to designate the facility of the Intelligence Surveillance Act of 1978, S. 2831, to guar- United States Postal Service located at 100 Pitcher Street antee the free flow of information to the public through in Utica, New York, as the ‘‘Captain George A. Wood a free and active press while protecting the right of the Post Office Building’’, H.R. 5104, to designate the facil- public to effective law enforcement and the fair adminis- ity of the United States Postal Service located at 1750 tration of justice, S. 155, to increase and enhance law en- 16th Street South in St. Petersburg, Florida, as the ‘‘Mor- forcement resources committed to investigation and pros- ris W. Milton Post Office’’, H.R. 5169, to designate the ecution of violent gangs, to deter and punish violent facility of the United States Postal Service located at gang crime, to protect law-abiding citizens and commu- 1310 Highway 64 NW. in Ramsey, Indiana, as the nities from violent criminals, to revise and enhance crimi- ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, Sr. Post Office’’, nal penalties for violent crimes, to reform and facilitate H.R. 5540, to designate the facility of the United States prosecution of juvenile gang members who commit vio- Postal Service located at 217 Southeast 2nd Street in lent crimes, to expand and improve gang prevention pro- Dimmitt, Texas, as the ‘‘Sergeant Jacob Dan Dones Post grams, S. 1845, to amend title 28, United States Code, Office’’, H.R. 4646, to designate the facility of the to provide for the appointment of additional Federal cir- United States Postal Service located at 7320 Reseda Bou- cuit judges, to divide the Ninth Judicial Circuit of the levard in Reseda, California, as the ‘‘Coach John Wooden United States into 2 circuits, S. 2679, to establish an Un- Post Office Building’’, S. 2555, to designate the facility solved Crimes Section in the Civil Rights Division of the of the United States Postal Service located at 2633 11th Department of Justice, and an Unsolved Civil Rights Street in Rock Island, Illinois, as the ‘‘Lane Evans Post Crime Investigative Office in the Civil Rights Unit of the Office Building’’, S. 2719 and H.R. 5107, bills to des- Federal Bureau of Investigation, and other committee ignate the facility of the United States Postal Service lo- matters, 10:45 a.m., SD–226. cated at 1400 West Jordan Street in Pensacola, Florida, as the ‘‘Earl D. Hutto Post Office Building’’, H.R. 4811, Subcommittee on Terrorism, Technology and Home- to designate the facility of the United States Postal Serv- land Security, to hold hearings to examine detecting ice located at 215 West Industrial Park Road in Har- smuggled nuclear weapons, 2:30 p.m., SD–226. rison, Arkansas, as the ‘‘John Paul Hammerschmidt Post Committee on Small Business and Entrepreneurship: business Office Building’’, and the nominations of Paul A. Denett, meeting to mark up an original bill to reauthorize the of Virginia, to be Administrator for Federal Procurement Small Business Administration, 10 a.m., SR–428A. Policy, Anna Blackburne-Rigsby, to be Associate Judge of Committee on Veterans’ Affairs: business meeting to con- the District of Columbia Court of Appeals, Phyllis D. sider the nominations of Patrick W. Dunne, of New Thompson, to be Associate Judge of the District of Co- York, to be Assistant Secretary for Policy and Planning, lumbia Court of Appeals, Jennifer M. Anderson, of the and Thomas E. Harvey, of New York, to be Assistant District of Columbia, to be an Associate Judge of the Su- Secretary for Congressional Affairs, both of the Depart- perior Court of the District of Columbia, and Mickey D. ment of Veterans Affairs, Time to be announced, Room Barnett, of New Mexico, Katherine C. Tobin, of New to be announced. York, and Ellen C. Williams, of Kentucky, each to be a Full Committee, to hold hearings to examine the Governor of the United States Postal Service, 10 a.m., nominations of Patrick W. Dunne, of New York, to be SD–342. Assistant Secretary of Veterans Affairs for Policy and Subcommittee on Federal Financial Management, Gov- Planning, and Thomas E. Harvey, of New York, to be ernment Information, and International Security, to hold Assistant Secretary of Veterans Affairs for Congressional hearings to examine the Health Resources and Services Affairs, 10 a.m., SR–418. Administration financial management of its budget in Select Committee on Intelligence: to hold closed hearings to carrying out its mission to increase access to and quality examine the nomination of Randall M. Fort, of Virginia, of health care, 2:30 p.m., SD–342. to be an Assistant Secretary of State for Intelligence and Committee on the Judiciary: business meeting to consider Research, 2:30 p.m., SH–219. the nominations of Kimberly Ann Moore, of Virginia, to Special Committee on Aging: to hold hearings to examine be United States Circuit Judge for the Federal Circuit, at home DNA tests, focusing on whether these should be Frances Marie Tydingco-Gatewood, to be Judge for the considered a marketing scam or a medical breakthrough, District Court of Guam, and Steven G. Bradbury, of 10 a.m., SD–106. Maryland, to be Assistant Attorney General for the Office of Legal Counsel, and R. Alexander Acosta, to be United House States Attorney for the Southern District of Florida, both Committee on Agriculture, hearing and markup of H.R. of the Department of Justice, S. 2453, to establish proce- 503, To amend the Horse Protection Act to prohibit the dures for the review of electronic surveillance programs, shipping, transporting, moving, delivering, receiving, S. 2455, to provide in statute for the conduct of elec- possessing, purchasing, selling, or donation of horses and tronic surveillance of suspected terrorists for the purposes other equines to be slaughtered for human consumption; of protecting the American people, the Nation, and its and to consider H.R. 3849, PIC and POPs Conventions interests from terrorist attack while ensuring that the and the LRTAP POPs Protocol Implementation Act.

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0627 Sfmt 5627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST July 26, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D851

Subcommittee on Conservation, Credit, Rural Develop- protection for fashion design, 9 a.m., and to mark up ment, and Research, hearing to review Conservation H.R. 5418, To establish a pilot program in certain Issues, 1 p.m., 1300 Longworth. United States district courts to encourage enhancement of Committee on Appropriations, Subcommittee on Home- expertise in patent cases among district judges, 10:30 land Security, hearing on Border Security and Immigra- a.m., 2141 Rayburn. tion Enforcement, 10 a.m., 2359 Rayburn. Subcommittee on Immigration, Border Security and Subcommittee on Science, the Departments of State, Claims, oversight hearing on Whether Attempted Imple- Justice, and Commerce, and Related Agencies, hearing on mentation of the Senate Immigration Bill Will Result in the Census, 9:30 a.m., H–309 Capitol. an Administrative and National Security Nightmare, Committee on Education and the Workforce, hearing on No 11:30 a.m., 2141 Rayburn. Child Left Behind: Can Growth Models Ensure Improved Committee on Resources, Subcommittee on Fisheries and Education for All Students, 10 a.m., 2175 Rayburn. Oceans, oversight hearing to Examine Atlantic Striped Committee on Energy and Commerce, Subcommittee on Bass Conservation and Management, 10 a.m., 1324 Long- Health to continue hearings on How to Build a Payment worth. System that Provides Quality, Efficient Care for Medicare Subcommittee on Forests and Forest Health, hearing Beneficiaries. Testimony was heard from on the following bills: H.R. 5760, Giant Sequoia Na- Subcommittee on Energy and Air Quality, hearing on tional Monument Transition Act of 2006; H.R. 5149, the following: Pipeline Safety Improvement Act Reau- Eastern Sierra Rural Heritage and Economic Enhance- thorization; and H.R. 5872, Pipeline Safety Improvement ment Act; H.R. 4784, Eugene Land Conveyance Act; Act of 2006, 11 a.m., 2123 Rayburn. H.R. 4235, Browns Canyon Wilderness Act; H.R. 2718, Subcommittee on Oversight and Investigations, to con- Idaho Land Enhancement Act; H.R. 2039, and S. 225, tinue hearings entitled ‘‘Questions Surrounding the Federal Land Recreational Visitor Protection Act of 2005, ‘Hockey Stick’ Temperature Studies: Implications for Cli- 1334 Longworth. mate Change Assessments,’’ 2 p.m., 2322 Rayburn. Subcommittee on Water and Power, hearing on the Committee on Financial Services, Subcommittee on Do- following bills: H.R. 630, To authorize the Secretary of mestic and International Monetary Policy, Trade, and the Interior to convey certain Federal lands to the City Technology, hearing entitled ‘‘Review of the Repatriation of Yuma, Arizona, in exchange for certain lands owned of Holocaust Art Assets in the United States,’’ 10 a.m., by the City of Yuma, Arizona; H.R. 5666, Southern 2128 Rayburn. Idaho Bureau of Reclamation Act of 2006; H.R. 5796, Committee on Government Reform, hearing entitled ‘‘Code To direct the Secretary of the Interior to exclude and Yellow: Is The DHS Acquisition Bureaucracy a Formula defer from the pooled reimbursable costs of the Central for Disaster?’’ 10 a.m., 2154 Rayburn. Valley Project the reimbursable capital costs of the un- Subcommittee on Energy and Resources, hearing enti- used capacity of the Folsom South Canal, Auburn-Folsom tled ‘‘Royalty Relief and Price Thresholds III,’’ 2 p.m., South Unit, Central Valley Project, and S. 895, Rural 2154 Rayburn. Water Supply Act of 2005, 10 a.m., 1334 Longworth. Committee on Homeland Security, to mark up H.R. 5695, Committee on Science, Subcommittee on Environment, Chemical Facility Anti-Terrorism Act of 2006, 10 a.m., Technology and Standards, hearing on Undersea Research 210 Cannon. and Ocean Exploration: H.R. 3835, National Ocean Ex- Committee on House Administration, to mark up H.R. ploration Program Act, 2 p.m., 2318 Rayburn. 2134, Commission to Study the Potential Creation of a Committee on Ways and Means, Subcommittee on Health, National Museum of the American Latino Community hearing on Emergency Care, 10 a.m., 1100 Longworth. Act of 2005; followed by an oversight hearing on the Li- Permanent Select Committee on Intelligence, executive, brief- brary of Congress. ing on Global Updates/Hotspots, 9 a.m., H–405 Capitol. Committee on International Relations, Subcommittee on Hearing on FISA legislation, 1 p.m., 2212 Rayburn. Africa, Human Rights and International Operations, Subcommittee on Intelligence Policy, executive, hear- hearing to Review the Progress and Charting the Path ing on U.S.-Russian Strategic Considerations, 4 p.m., Ahead: the Microenterprise Results and Accountability H–405 Capitol. Act of 2004, 2 p.m., 2200 Rayburn. Subcommittee on Western Hemisphere, hearing on the Joint Meetings Report of the Commission for Assistance to a Free Cuba, Commission on Security and Cooperation in Europe: to hold 2 p.m., 2172 Rayburn. hearings to examine how the United States Government Committee on the Judiciary, Subcommittee on Courts, the can live up to its commitment to promote human rights Internet, and Intellectual Property, hearing on H.R. and democratic governance in Russia while preserving a 5055, To amend title 17, United States Code, to provide relationship with Moscow, 1 p.m., SD–562.

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0627 Sfmt 5627 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST D852 CONGRESSIONAL RECORD — DAILY DIGEST July 26, 2006

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 27 10 a.m., Thursday, July 27

Senate Chamber House Chamber Program for Thursday: Senate will begin consideration Program for Thursday: Consideration of H.R. 4157— of S. 3711, Gulf of Mexico Energy Security Act. Health Information Technology Promotion Act of 2005 (Subject to a Rule); and H.R. 5766—Government Effi- ciency Act of 2006 (Subject to a Rule). Rolled Vote on George Miller Motion to Instruct Conferees on H.R. 2830—Pension Protection Act of 2005.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E1545 Moran, Jerry, Kans., E1538 Gordon, Bart, Tenn., E1533, E1538 Ney, Robert W., Ohio, E1545 Baca, Joe, Calif., E1536 Green, Al, Tex., E1546 Paul, Ron, Tex., E1540 Berry, Marion, Ark., E1533, E1538 Green, Mark, Wisc., E1540 Porter, Jon C., Nev., E1543, E1543, E1544, E1544, E1545, Bonner, Jo, Ala., E1534 Holt, Rush D., N.J., E1537, E1547 E1545, E1546, E1546, E1547, E1547 Boucher, Rick, Va., E1537 Jackson-Lee, Sheila, Tex., E1548 Radanovich, George, Calif., E1539 Brown-Waite, Ginny, Fla., E1543 Johnson, Timothy V., Ill., E1539 Reyes, Silvestre, Tex., E1542 Burgess, Michael C., Tex., E1536 Kennedy, Mark R., Minn., E1534 Scott, David, Ga., E1536 Burton, Dan, Ind., E1534 Lipinski, Daniel, Ill., E1537 Capuano, Michael E., Mass., E1533, E1541 McCaul, Michael T., Tex., E1533 Sherwood, Don, Pa., E1543 Carson, Julia, Ind., E1533 McNulty, Michael R., N.Y., E1539 Tanner, John S., Tenn., E1545 Cooper, Jim, Tenn., E1536 Maloney, Carolyn B., N.Y., E1535 Thompson, Bennie G., Miss., E1537 Engel, Eliot L., N.Y., E1541 Meek, Kendrick B., Fla., E1535 Towns, Edolphus, N.Y., E1541 Farr, Sam, Calif., E1540 Melancon, Charlie, La., E1542 Van Hollen, Chris, Md., E1535, E1546 Fortun˜ o, Luis, Puerto Rico, E1536 Miller, Jeff, Fla., E1544 Wilson, Joe, S.C., E1534

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 31 2005 06:46 Jul 27, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0664 Sfmt 0664 E:\CR\FM\D26JY6.REC D26JYPT1 hmoore on PROD1PC68 with HMDIGEST