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

Vol. 153 WASHINGTON, FRIDAY, SEPTEMBER 7, 2007 No. 132 House of Representatives The House met at 9 a.m. and was THE JOURNAL ity, affordable health care for our Na- called to order by the Speaker pro tem- The SPEAKER pro tempore. The tion’s children, while ensuring that our pore (Mr. POMEROY). Chair has examined the Journal of the seniors receive the care that they have last day’s proceedings and announces been promised. f It is unacceptable that 47 million to the House his approval thereof. Americans, including 9 million chil- DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- dren, do not have access to affordable PRO TEMPORE nal stands approved. health coverage. It is unacceptable The SPEAKER pro tempore laid be- f that American seniors are facing limits fore the House the following commu- in access to doctors they trust and PLEDGE OF ALLEGIANCE nication from the Speaker: treatments they need, and it is unac- WASHINGTON, DC, The SPEAKER pro tempore. Will the ceptable that President Bush and his September 7, 2007. gentlewoman from Pennsylvania (Ms. allies in Congress are comfortable with I hereby appoint the Honorable EARL POM- SCHWARTZ) come forward and lead the that status quo. EROY to act as Speaker pro tempore on this House in the Pledge of Allegiance. It is time to act, and Congress has. day. Ms. SCHWARTZ led the Pledge of Al- We call on the President to stop work- NANCY PELOSI, legiance as follows: ing against us as we move to ensure Speaker of the House of Representatives. I pledge allegiance to the Flag of the health care for America’s children. f United States of America, and to the Repub- f lic for which it stands, one nation under God, PRAYER indivisible, with liberty and justice for all. BORDER SECURITY AND THE ALTAR OF GREED The Chaplain, the Reverend Daniel P. f (Mr. POE asked and was given per- Coughlin, offered the following prayer: ANNOUNCEMENT BY THE SPEAKER mission to address the House for 1 Shaken by the news of the sudden PRO TEMPORE minute.) death of Congressman Paul Gillmor of The SPEAKER pro tempore. The Mr. POE. Mr. Speaker, it appears and mindful also of the passing of that in spite of Federal law that re- former Members, the Honorable Jen- Chair will entertain up to five 1-minute requests per side. quires close inspection of vehicles and nifer Dunn and , we turn identification of people entering the to You, Lord God of the living and the f United States, in the City of El Paso, dead. Texas, border and Customs officials In Your wisdom You called them and CHILDREN’S HEALTH AND MEDICARE PROTECTION ACT have been ordered to ignore some in- all deceased Members of this Chamber spections. This Get-to-America-Quick to serve their brothers and sisters in (Ms. SCHWARTZ asked and was plan requires that if pedestrian lines the backyards, fields, and streets of given permission to address the House get too long, only 30 percent of them their districts, and yet represent them for 1 minute and to revise and extend are to be questioned. If vehicular traf- in this legislative body of the Nation. her remarks.) fic waiting time is too long, then in- Now called from this life, welcome Ms. SCHWARTZ. As the architect of spectors are to ignore some basic in- them into Your presence, that they one of the first children’s health plans spections for drugs and radioactive ma- may enjoy the eternal justice and in the country, I have seen firsthand terial. peace they sought here on Earth. Re- the success of these public-private, According to Sarah Carter of the ward their public service with Your Federal-State partnerships. I am proud Washington Times, in some cases only profound mercy and eternal rest. Com- of our work here in Congress to make every fifth driver and his documents fort their families in this time of sor- affordable health coverage available to are verified, all this in the name of let- row and loss. an additional 5 million American chil- ting more foreign nationals into the God of faithfulness, enable all these dren, while also protecting the health United States faster. who respectfully mourn now to press needs of our sense. Why? Well, it seems some businesses on with renewed faith and seek Your The Democratic Congress under- are complaining the delays hurt their kingdom, trusting in Your loving guid- stands the health care challenges fac- profits. So Federal bureaucrats are ance and the promise of eternal reward, ing our Nation’s working families. We making border inspection officers ig- both now and forever. heard their need and we responded. We nore security, all in the name of the al- Amen. passed a plan to expand access to qual- mighty dollar, or shall I say peso.

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

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VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.000 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10248 CONGRESSIONAL RECORD — HOUSE September 7, 2007 This is yet another example of the in- meant that the legislative activities cation. I strongly encourage my col- competent attitude and lack of will on that he was engaged in were done pro- leagues to cosponsor the Homeless government bureaucrats to secure the fessionally and were done for the ben- Education Act. American border. American border se- efit of all Americans. curity should not be sacrificed on the I am sorry to see Paul pass. We have f altar of greed. all lost a giant. Cheryl and I send our condolences to his wife and his chil- And that’s just the way it is. BRING OUR TROOPS HOME f dren. f (Ms. MOORE of Wisconsin asked and AMERICA WANTS A NEW was given permission to address the DIRECTION ON IRAQ 9/11 HEALTH CRISIS IS A House for 1 minute and to revise and NATIONAL PROBLEM (Mr. EMANUEL asked and was given extend her remarks.) permission to address the House for 1 (Mrs. MALONEY of New York asked Ms. MOORE of Wisconsin. Mr. Speak- minute.) and was given permission to address er, I am compelled to come before the Mr. EMANUEL. Mr. Speaker, the pre- the House for 1 minute.) body today to talk about my deep con- vious days have offered a series of re- Mrs. MALONEY of New York. Mr. cern about our continued engagement ports on conditions in Iraq. These re- Speaker, 6 years ago the terrorist at- in Iraq. ports have been consistent: Iraq re- tacks of 9/11 were an act of war against In the past 41⁄2 years, we have gone mains dangerous, unstable, and polit- our entire Nation, not just New York. from ‘‘mission accomplished’’ to ‘‘mis- ical progress is virtually nonexistent. The whole country was touched; and in sion untrue,’’ and, in the words of one It wasn’t supposed to be this way. the aftermath, people came from every of our colleagues here on the Repub- The President’s escalation was sup- State in the Nation to assist in the lican side, to ‘‘mission unknown.’’ In posed to give the Iraqi Government and massive rescue and recovery efforts. fact, we are arming and fueling this the ethnic groups the room they need- All of these people from all of these growing civil war. ed to make political progress. That States were all exposed to the same We have found Shia on Shia violence, progress simply has not happened. deadly toxins. Sunni on Sunni violence and Shia on While press reports may question the So now, after 41⁄2 years, billions of Sunni violence. Our troops have no size and scope of the problem, there is dollars, thousands of lives, and count- idea what the mission is anymore. I no doubt that there are thousands who less new slogans, the Bush administra- would submit, Mr. Speaker, that this is are ill because of their exposure. tion is just giving us the status quo. In- ‘‘mission impossible.’’ It is time to Whether these brave firefighters and stead of a new strategy for Iraq, the bring our troops home. fire officers and EMTs came from Cali- Bush administration is cherry-picking Just recently we found that 190,000 fornia, Michigan or Florida, they all the data to support the political objec- weapons are unaccounted for. There breathed the same toxic air. tives and preparing a report that will This map shows how many people are plenty of weapons in the ministry offer yet another defense of the Presi- from each State are enrolled in the of interior, which has come to be a po- dent’s strategy. World Trade Center Health Registry; lice force against our own troops. We don’t need a report that wins a over 71,000 people from every single Mr. Speaker, we need to bring our Nobel Prize for creative statistics or State in our Nation. At least 28 even troops home. the Pulitzer Prize for fiction. Ameri- came from Hawaii. The list goes on and cans are demanding the facts, an end to on. f this open-ended commitment, a surge But the message of the map is clear: on the political and diplomatic front. The 9/11 health crisis is a national SUPPORT THE CHARLIE NORWOOD In short, the American people want a problem, and it deserves a strong Fed- CLEAR ACT OF 2007 new direction in Iraq. eral response. (Mrs. BLACKBURN asked and was f f given permission to address the House TRIBUTE TO PAUL GILLMOR SUPPORT THE HOMELESS EDU- for 1 minute.) (Mr. SENSENBRENNER asked and CATION IMPROVEMENT ACT OF Mrs. BLACKBURN. Mr. Speaker, was given permission to address the 2007 today I am introducing the Charlie House for 1 minute and to revise and (Mrs. BIGGERT asked and was given Norwood CLEAR Act of 2007. Our late extend his remarks.) permission to address the House for 1 friend and colleague, Representative Mr. SENSENBRENNER. Mr. Speak- minute.) Charlie Norwood, introduced common- er, earlier this week the House of Rep- Mrs. BIGGERT. Mr. Speaker, I rise sense legislation to institute an effi- resentatives lost a giant, and the peo- today to address an issue that means a cient system, an efficient system, of ple of Ohio and indeed all Americans great deal to me, the education of identifying and detaining criminal lost a true legislative workman with homeless youth. aliens. Our good friend is gone, but his the passing of Congressman Paul Shortly before the August recess, idea remains as viable today as it was Gillmor. this House overwhelmingly passed a the day that he first introduced it in When I first was elected to this resolution commemorating the 20th an- the 108th Congress. House, I was told by former President niversary of the McKinney-Vento There are 400,000 alien absconders in Gerald Ford, who served with distinc- Homeless Assistance Act. In addition our country, with 285,000 possessing tion here for many, many years, that to recognizing the positive impact of criminal records. This bill targets there are two types of representatives: McKinney-Vento, this resolution called those criminals by increasing Federal The workhorse and the show horse. The on policymakers to unite behind cer- funds to local law enforcement agen- show horse, you see their face on TV tain common goals for the future. One cies that need those funds, providing all the time and they issue bombastic of those goals is to improve the access police that are on the beat with the re- press releases. It is the workhorses of homeless children and youth to edu- sources they need and giving them the that get the work done in this Chamber cation in the public schools. background, the information, to en- for the American people. In order to meet this goal, I invite force immigration law. Paul Gillmor was a workhorse. Not my colleagues to cosponsor a bill that It also cuts funding to sanctuary cit- only was he a workhorse and a true I recently introduced with Representa- ies which have enacted laws prohib- legislative craftsman, but he applied tives SARBANES and GRIJALVA, H.R. iting local police from detaining and what those of us who live in the upper 3205, the Homeless Education Improve- arresting criminal aliens. Most nota- Midwest refer to as Midwestern com- ment Act of 2007. The bill will extend bly, it requires the Federal Govern- mon sense. We think that we have and improve the successful homeless ment to take these criminal aliens into maybe more of that than those that children and youth programs in NCLB. custody within 48 hours. live in other parts of the country. But Mr. Speaker, being without a home Join me in supporting the Charlie Paul’s Midwestern common sense should not mean being without an edu- Norwood CLEAR Act of 2007.

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.033 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10249 b 0915 DIAZ-BALART). All time yielded during at the subcommittee level, and the sub- PROVIDING FOR CONSIDERATION consideration of the rule is for debate committee chairman and ranking OF H.R. 1908, PATENT REFORM only. member sought input from, among oth- ACT OF 2007 GENERAL LEAVE ers, the Federal Trade Commission, Mr. WELCH of Vermont. Mr. Speak- U.S. Solicitor General, National Acad- Mr. WELCH of Vermont. Mr. Speak- er, I ask unanimous consent that all emy of Sciences, and businesses rang- er, by direction of the Committee on Members may have 5 legislative days ing from high tech and biotech compa- Rules, I call up House Resolution 636 in which to revise and extend their re- nies to traditional manufacturing and and ask for its immediate consider- marks and include extraneous material pharmaceutical companies, as well as ation. on H. Res. 636. from our university community and The Clerk read the resolution, as fol- The SPEAKER pro tempore. Is there from labor. lows: objection to the request of the gen- H.R. 1908 reforms our outdated patent H. RES. 636 tleman from Vermont? system, which currently encourages Resolved, That at any time after the adop- There was no objection. patent speculation, increases litiga- tion of this resolution the Speaker may, pur- Mr. WELCH of Vermont. Mr. Speak- tion, often harms small inventors and suant to clause 2(b) of rule XVIII, declare the er, I yield myself such time as I may House resolved into the Committee of the impedes innovation. Whole House on the state of the Union for consume. First, the legislation moves the consideration of the bill (H.R. 1908) to amend H. Res. 636 provides for consideration United States into a pure first-to-file title 35, United States Code, to provide for of H.R. 1908, the Patent Reform Act of patent system. Right now the United patent reform. The first reading of the bill 2007, under a structured rule. The rule States is literally the only major in- shall be dispensed with. All points of order provides 1 hour of debate equally di- dustrialized country to retain the first- against consideration of the bill are waived vided and controlled by the chairman to-invent system. This change from except those arising under clause 9 or 10 of and ranking minority member of the first-to-invent to first-to-file will in- rule XXI. General debate shall be confined to Judiciary Committee. The rule makes ject clarity and certainty into the the bill and shall not exceed one hour equal- ly divided and controlled by the chairman in order and provides appropriate waiv- process and relieve the U.S. system of and ranking minority member of the Com- ers for five amendments: a bipartisan some extremely burdensome require- mittee on the Judiciary. After general de- manager’s amendment, three Repub- ments such as protracted interference bate the bill shall be considered for amend- lican amendments, and one Democratic proceedings often costing up to a mil- ment under the five-minute rule. It shall be amendment. lion dollars to determine which of in order to consider as an original bill for the Mr. Speaker, H.R. 1908 is a necessary many applicants deserves a patent and purpose of amendment under the five-minute bill and landmark legislation. The last detailed record keeping. Both of these rule the amendment in the nature of a sub- time that our patent laws had been often disadvantage smaller inventors stitute recommended by the Committee on substantially updated was 1952, over a the Judiciary now printed in the bill. The who might not have the resources to committee amendment in the nature of a half century ago. Much, obviously, has initiate such proceedings. substitute shall be considered as read. All changed in the United States and the This change to a first-to-file system points of order against the committee world in those 50 years, and that is puts the U.S. in sync with every other amendment in the nature of a substitute are quite an understatement. Unfortu- industrialized country. Greater harmo- waived except those arising under clause 10 nately, the U.S. patent law has failed nization is obviously going to make it of rule XXI. Notwithstanding clause 11 of to keep up. easier for U.S. inventors to secure pat- rule XVIII, no amendment to the committee Before I discuss the merits of the un- ent rights in other countries as inter- amendment in the nature of a substitute derlying bill, I must commend Chair- national patent protection becomes in- shall be in order except those printed in the report of the Committee on Rules accom- man CONYERS, Subcommittee Chair- creasingly important to their ability panying this resolution. Each such amend- man BERMAN and Ranking Member Mr. and the ability of United States inven- ment may be offered only in the order print- SMITH for their tireless work on this tors to compete on a level playing ed in the report, may be offered only by a bill. It has not been easy to make the field. Member designated in the report, shall be reforms that are so intricate and com- Next, this legislation makes impor- considered as read, shall be debatable for the plex in such a complicated system, but tant improvements to the patent sys- time specified in the report equally divided these gentlemen worked hard with tem by which patents can be reexam- and controlled by the proponent and an op- their committee and did so admirably, ined. By providing for reexamination of ponent, shall not be subject to amendment, issued patents, H.R. 1908 eliminates the and shall not be subject to a demand for divi- bringing to us a patent reform bill that sion of the question in the House or in the is going to move America forward. ability to intentionally ‘‘game the sys- Committee of the Whole. All points of order I would also be remiss if I did not ac- tem’’ by speculating on the issuance of against such amendments are waived except knowledge the tremendous contribu- very poor-quality patents, nothing those arising under clause 9 or 10 of rule XXI. tion of Senator LEAHY, who happens to added to the intellectual capital of this At the conclusion of consideration of the bill be someone I am particularly proud as country, but used as a device to in- for amendment the Committee shall rise and he is the senior leader of our delegation crease private gain. This provides a report the bill to the House with such here in Congress. As chairman of the streamlined alternative to costly pat- amendments as may have been adopted. Any Senate Judiciary Committee, he spent ent litigation. This ability to have a Member may demand a separate vote in the House on any amendment adopted in the years working on the patent system quality check on patents that have al- Committee of the Whole to the bill or to the and has become a driving force behind ready been issued is crucial to the in- committee amendment in the nature of a getting this legislation to the floor. tegrity of the patent system as patents substitute. The previous question shall be All of us, I believe, in this House see of questionable value can stifle innova- considered as ordered on the bill and amend- this bill as major progress in reflecting tion. ments thereto to final passage without inter- a commitment to the protection and Companies around the country are vening motion except one motion to recom- support of the Nation’s intellectual much like some companies that oper- mit with or without instructions. property. This system was built to sus- ate in Vermont, including IBM, which SEC. 2. During consideration in the House of H.R. 1908 pursuant to this resolution, not- tain and protect the nuts and bolts of has been a leader in the number of withstanding the operation of the previous the American economy, our ideas and issued patents for the past 14 years in question, the Chair may postpone further innovations. our State. They were awarded in 10 consideration of the bill to such time as may The legislation does enjoy very years 3,621 patents in the U.S. in 2006; be designated by the Speaker. strong bipartisan support. Both Rank- 360 of those, fully 10 percent, came The SPEAKER pro tempore. The gen- ing Member SMITH and subcommittee from the IBM office in Essex Junction, tleman from Vermont is recognized for Ranking Member COBLE, who have Vermont. That is 10 percent of their 1 hour. done great and hard work, are cospon- total patents from Vermont alone. Mr. WELCH of Vermont. Mr. Speak- sors. It is the product of 4 years of They have been in business for decades, er, for the purpose of debate only, I hearings, debates, negotiations, and and improving the quality and security yield the customary 30 minutes to the compromises. Since 2001, there have of the patent system is extraordinarily gentleman from Florida (Mr. LINCOLN been over 21 hearings on patent issues important to them, and obviously to

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.005 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10250 CONGRESSIONAL RECORD — HOUSE September 7, 2007 other individuals and companies large protect the intellectual property rights sume to the gentleman from California and small around our country. of all inventors and industries. (Mr. BERMAN), chairman of the Intel- This bill also allows third parties to Today we are debating changing the lectual Property Subcommittee. submit documents relevant to the ex- system that President Abraham Lin- Mr. BERMAN. Mr. Speaker, I thank amination of a patent application. This coln called one of the three most im- my friend from Vermont for yielding provision addresses the growing con- portant developments in world history. me the time and for his really very cern that patents have been issued on Yet on such a truly significant piece of complete discussion and understanding inventions that were publicly known legislation, legislation that will affect of the legislation which is now at and in prior use to the filing of the ap- our economy for decades, the Rules stake, and I rise in strong support of plication. This is particularly impor- Committee majority has severely re- this bill and particularly the rule. tant in the newer areas of technology stricted the input of Members of this I might point out in context of the in fields that do not yet have a fully House, the input that they can have on rule that, as the gentleman from Flor- well-developed tradition of publishing this extraordinarily important piece of ida suggested, 14 amendments were of- findings such as computer systems and legislation. fered. A number of those amendments, software and business methods. The rule brought forth by the major- five of them, were made in order, and a Finally, this bill makes some crucial ity allows only five amendments, five number of the other amendments were improvements to the calculation and of the 14 amendments submitted. I sub- worked out and are part of the man- apportionment of damages. H.R. 1908 mitted to you, Mr. Speaker, that is no ager’s amendment. So many of the allows for the reasonable royalty cal- way for the House to debate this im- issues raised in the context of openness culations that more accurately reflect portant legislation. The majority are continuing up to this point. the value of any invention that is being should bring this bill to the floor with This has been both a bipartisan proc- infringed. Our patent system is far too the opportunity for all Members to ess, and I might suggest with respect important to be behind the times. present their ideas, their proposals, to the people who are supporting the Quality patents must continue to be their amendments, for the consider- product of this bipartisan process, the issued. They must continue to be pro- ation of all of our colleagues. The ma- rule is being supported on a bipartisan tected for those who have legitimately jority should bring this legislation to basis. created a new invention. the floor under an open rule. When functioning properly, the pat- This legislation is a huge step in I remind our friends of one of the ent system encourages and enables in- modernizing this system for decades of central tenets of their campaign last ventors to push the boundaries of American innovation to come. I urge fall. They said they would run the Con- knowledge and possibility. I support my colleagues to support this rule and gress in a more open and bipartisan strong, robust protection for quality the underlying bill. manner. In fact, on December 6, 2006, patents. However, when the system Mr. Speaker, I reserve the balance of the distinguished Speaker, Congress- functions improperly, such as allowing my time. woman PELOSI, reiterated her cam- an overly broad or obvious patent, the Mr. LINCOLN DIAZ-BALART of paign promise. She said: ‘‘We promised patent systems can stifle innovation Florida. Mr. Speaker, I would like to to the American people that we would and harm America’s competitiveness in thank the gentleman from Vermont have the most honest and open govern- the global economy. (Mr. WELCH) for the time, and I yield ment, and we will.’’ Such patents cover arguably obvious myself such time as I may consume. inventions. An example is crustless When the Founders of this great Re- b 0930 peanut butter and jelly sandwiches for public drafted our Constitution, they Here we are again with a restrictive which a patent was obtained. However, had the revolutionary vision that rule, even on such a significant piece of the much more insidious and troubling brought us this great and vibrant rep- legislation as the reform of our patent kinds of poor quality patents are the resentative democracy that has lasted system. ones that are granted which impede over 200 years. Included in the land- The majority, Mr. Speaker, unfortu- commerce or further invention because mark Constitution that has served our nately is not living up to its promises, they create a patent thicket so wide Nation so marvelously is a provision and it is the duty of the minority to re- and so dense that an entire industry or that gives us, the Congress, the power mind the majority of when the major- segment of our economy becomes sub- ‘‘to promote the progress of science ity falls short of the majority’s prom- servient to a single patent from a sin- and useful arts, by securing for limited ises. gle innovator. times to authors and inventors the ex- It was quite clear from the testimony Many groups, agencies and citizens clusive right to their respective at the Rules Committee yesterday, have written volumes on the need for writings and discoveries.’’ This provi- very interesting testimony, very en- reform, the United States Patent and sion receives little attention; but over lightening. It’s been years in the mak- Trademark Office, the Federal Trade the last two centuries it has played a ing this legislation. There are Members Commission, the National Academy of critical part in the growth of the econ- of our Congress that have put a tre- Science, the Intellectual Property omy and the power, the wealth of the mendous amount of effort and study Owners Association, the American Bar United States. Today, American intel- and time into this critically important Association Intellectual Property Divi- lectual property is worth over $5 tril- issue. sion and the American Intellectual lion, more than that of any other coun- It was evident at the Rules Com- Property Association. All of the stud- try in the world. It also comprises mittee that this bill was drafted in an ies concluded that the current system more than half of all U.S. exports, driv- open manner, in a bipartisan manner. is in need of changes if it is to remain ing almost half of the Nation’s eco- Why not thus continue the bipartisan- viable in the new technology global nomic growth. ship that has forged this important economy. The moment is ripe to move As Mr. WELCH so eloquently stated, piece of legislation, why not continue the patent system forward to meet the the last time Congress overhauled the that bipartisanship here on the floor challenges of the 21st century. Serious patent system was over 50 years ago. today with an open rule? flaws have to be fixed for our system to Since then the fundamental Notwithstanding how Members may remain robust now and long into the underpinnings of our economy have un- feel about the underlying bill, Mr. future. dergone dramatic changes. But the pat- Speaker, I would urge all of our col- As the gentleman from Florida ac- ent system has remained generally leagues to vote against this rule, vote knowledged in his comments which static and now faces some difficulty in against this rule so that we can have a preceded mine, this legislation is the meeting the needs of our dynamic full and open debate on this important result of a substantial amount of work, economy. So we must reform our pat- piece of legislation. not just over this Congress but over the ent system in order to meet the needs Mr. Speaker, I reserve the balance of past three Congresses. We did not un- of our economy here and in the global my time. dertake this endeavor lightly. This marketplace, but we must do so in a Mr. WELCH of Vermont. Mr. Speak- isn’t a rush to judgment. It isn’t a rush way that protects, that continues to er, I yield such time as he may con- to legislate.

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.006 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10251 We don’t claim that this bill at this I want to say also, as I look around as one of the world’s greatest fonts of point is perfect, but this remains only the floor and think about the Rules innovation and entrepreneurship. one step in the process. Like all com- Committee meeting that we had, I see We have to be very careful that as we promises, not everyone received every- the distinguished gentleman from address one problem we don’t create thing they wanted, which is honestly Maine (Mr. MICHAUD) who was joined another. We have to be very careful just as it should be. This legislation fa- by Mr. MANZULLO in the Rules Com- that we don’t pick winners and losers vors no industry, no person, organiza- mittee last night, my good friend from in our patent system, but that we pro- tion or interest group. It seeks to solve California (Mr. ROHRABACHER), who was tect and uphold intellectual property problems that we have identified and here on the floor. of all kinds. have been identified for us by outside What I will say is that there is bipar- The creators of computer hardware, experts and agencies. The legislation tisan support for this bill, Mr. Speaker, the developers of revolutionary med- does what is best for America and our as my good friend from California (Mr. ical treatments, for example, use pat- spirit of inventiveness and innovation, BERMAN) correctly said, but there’s ents in very different ways. A piece of and it protects our position within the also bipartisan opposition to this bill, hardware may include hundreds of pat- increasingly competitive global mar- Mr. Speaker, and it is for that reason ents, some of which will be obsolete ketplace. that I believe it is absolutely impera- practically before they hit the shelves. RICK BOUCHER and I started down this tive that we do, as Mr. DIAZ-BALART On the other hand, a biomedical firm path a long time ago, since that time has pointed out, have the most open may spend $1 billion over a decade de- working very closely with the then- and transparent process imaginable in veloping a single product using a single chairman of the subcommittee and now dealing with what is seen as a very dull patent. Now, Mr. Speaker, these two the ranking member of the Judiciary issue. It leads many people to doze off types of innovators use patents in very Committee, LAMAR SMITH; with our or their eyes to glaze over when talk- different ways, but what they have in subcommittee ranking member and ing about patent law, but it is a criti- common is that intellectual property former chairman of the subcommittee, cally important issue when we think and innovation are at the very heart of HOWARD COBLE. We have held 20 hear- about the basis of the United States of their work, and they both contribute ings over 6 years. We’ve invited or America and property rights and all. significantly to our economy and to heard from independent inventors, uni- While I intend to support final pas- our rising standard of living. versities, large corporate entities, sage of the underlying legislation, a We must ensure that our patent sys- pharmaceutical companies, high-tech great deal of concern has, in fact, been tem protects both kinds of innovation. companies, manufacturers, the finan- raised on a number of issues included While I strongly support the need to cial services industries, biotech compa- in this bill, as I said, making it a per- move this process forward, these are nies, the U.S. PTO, the ABA, the Intel- fect example as to why this fully open real concerns that must be fully aired lectual Property Organization, judges and transparent legislative process, and openly debated. I find it troubling of district court and at appellate lev- which unfortunately this restrictive that unlike previous legislation deal- els, economists and consumer groups. rule denies, is a mistake and shouldn’t ing with the issue of patent reform, All views were heard and considered to be done. this bill does not enjoy broad-based arrive at a bill that we have before us The underlying bill deals with a tre- support among all types of intellectual today, and this is a good bill. mendously critical and fundamental property creators. Because consensus There will be four more suggestions aspect of our economy. It addresses a was not reached in the committee proc- made for changes to the bill, amend- significant problem but in a way that ess, it is all the more important that ments by Mr. ISSA, Ms. JACKSON-LEE has raised concerns, and it involves in- our floor debate be conducted in an and Mr. PENCE. These amendments add credibly arcane and technical policy. open and transparent way. valuable changes to the bill. I won’t go For all of these reasons, we should be Yesterday in the Rules Committee, into detail now in discussing those allowing a full and open debate, and I as my friend from Miami said, I pro- amendments, but they address issues see my friend Mr. GOHMERT here who I posed that we report out an open rule raised by small inventors and by people know has also joined in raising very so that we could, in fact, have a full de- who want to make sure that the PTO grave concerns about where it is we’re bate on these issues. Unfortunately, on rulemaking authority has adequate going on this issue. a party-line vote, that proposal was de- oversight by the Congress. We should be encouraging a greater nied. I urge my colleagues to grant us the flow of information, not cutting it off, We also heard, as I mentioned, from rule, to take this important piece of and unfortunately, this restrictive rule our colleagues, Mr. MANZULLO and Mr. legislation and move it forward. And does just that. MICHAUD, who were requesting at least my commitment to everyone in this Ensuring both the protection and the two hours of general debate, divided Chamber is to recognize that there are quality of patents is absolutely essen- not just between Republicans and still issues that need to be worked on tial in our high-tech, knowledge-based Democrats on the Judiciary Com- and that we will be working to try and 21st century economy. A cursory mittee, but between supporters and op- achieve the best possible balance with- glance at the state of patent litigation ponents of this bill. Again, as I said, it out undercutting the need for funda- is all it takes to see that we haven’t is bipartisan, the opposition, as well as mental reform that exists. gotten it quite right. Patent trolls act- bipartisan, the support, for the bill. I urge my colleagues to adopt the ing maliciously and bewildered juries That request unfortunately was also rule. facing impossibly technical cases have denied. Mr. LINCOLN DIAZ-BALART of wreaked a great deal of legal havoc on Absent a meaningful debate today, Florida. Mr. Speaker, at this time, I many of our Nation’s great entre- these concerns will have to be raised in yield such time as he may consume to preneurs. the Senate and in the Conference Com- the gentleman from California (Mr. The result has been to stifle innova- mittee. It’s unfortunate that our DREIER), the distinguished ranking tion, the lifeblood of our economy. Democratic majority has so little in- member of the Rules Committee. We’ve seen some of the worst cases stitutional pride that they continu- (Mr. DREIER asked and was given eventually reversed on appeal, but ously deny this body an open debate permission to revise and extend his re- many others have not been. There’s no and cede the hard work to another marks.) denying that there is great need for re- time and another place. Mr. DREIER. Mr. Speaker, I thank form in our patent law system. That is why I’m encouraging my col- my friend for yielding and I would like However, the underlying bill before leagues to oppose this restrictive rule. to begin by expressing my appreciation us today is not perfect. Real concerns We shouldn’t be running away from a to my friend from Miami for his very have been raised by a number of fair and honest debate of these tough thoughtful and eloquent statement innovators and research institutions, issues. The underlying bill and the going back to 1790 and the role that many of whom are critical, in this ef- issues it addresses are too important patents have played in the very found- fort, from my State of California, but for us to be shirking our responsibil- ing of our country. critical to our economy and our place ities.

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.008 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10252 CONGRESSIONAL RECORD — HOUSE September 7, 2007 So, Mr. Speaker, I urge my col- cret practices which would have bred them for that. This would be a wise leagues to reject this rule, and let’s litigation and chilled publication and course of action for the House as well. have a real debate on this very critical disclosure, which are the constitu- I believe that with more time and en- matter. And I, again, thank my friend tional principles underlying the entire ergy, we could draft a bill that is sup- for yielding. patent system. ported by a large cross-section of b 0945 The Patent Reform Act, as originally America, which this bill is not. drafted, would not have made for a The process that we took to get here Mr. WELCH of Vermont. Mr. Speak- good situation for innovation. It would today was flawed, but it’s not too late er, I yield 2 minutes to the gentleman have been detrimental to individual in- to correct it. from Maine (Mr. MICHAUD). ventors, small businesses, nonprofits, I encouraged the Chair and the rank- Mr. MICHAUD. I thank the gen- including research universities. Al- ing member to continue to meet with tleman for yielding. stakeholders. That’s the way to get a Mr. Speaker, I rise today in opposi- though I plan to vote in favor of the good patent bill that is really a 21st- tion to this rule, and I ask my col- Patent Reform Act, I have serious con- century innovation-inspiring bill en- leagues to consider voting against this cerns about the process that we have acted into law. rule for one simple reason, and that’s used to reach floor action today. IPR law changes have always been Mr. WELCH of Vermont. Mr. Speak- time. I respect the work of our Rules negotiated in the subcommittee until er, I reserve the balance of my time. Committee; I do not oppose this rule this year. This bill should have been Mr. LINCOLN DIAZ-BALART of lightly. Florida. Mr. Speaker, it is my pleasure But the fact of the matter is, under vetted in subcommittee. Instead, the to yield 4 minutes to the distinguished this rule, we would begin debating a subcommittee simply passed the buck gentleman from Texas (Mr. GOHMERT huge change to our patent system that to the full Judiciary Committee. ). Mr. GOHMERT. I thank my friend would have major ramifications for our Ramrodding this bill through sub- from Florida. economy. We have just returned from a committee left a lot of unhappy people Mr. Speaker, we have heard the term long work period in our districts. We thinking that the train had left the ‘‘bipartisan’’ with regard to this legis- found the committee report filed late station. lation, and as has been pointed out, in the day when we came back, and two The subcommittee Chair should have there has been bipartisan support; but manager’s amendments filed late yes- kept the bill in his subcommittee. there has certainly been bipartisan op- terday. Most Members haven’t had Keeping it in subcommittee works, position. time to understand what the manager’s even though the process may take more time. Bipartisan, to many out there in the amendment fixes or doesn’t fix. United States, means, oh, it must be I can tell you, having worked all As we realize, moving it forward with fair. But the truth is, bipartisan night late last night with staff to find so many loose strings makes it quite doesn’t mean fair, and it doesn’t mean out what the manager’s amendment easy for the whole thing to unravel. good; and this is one of those pieces of does: it actually worsens the under- It’s essential that subcommittee mem- legislation that has severe problems lying bill, especially with respect to bers work out problems in the sub- that are neither fair nor good. the damages section of this bill. But committee and not jam stakeholders. I believe that by holding onto this Now in committee, the process in- Members aren’t going to be given the bill a little longer, we could have ap- volved a manager’s amendment being time to really consider what the man- plied pressure to the stakeholders and made in the Committee of the Whole of ager’s amendment does or what it does moved them to our common ground. the Judiciary Committee, followed im- not do. They are going to be told to The volume of e-mails and calls we mediately by an amendment to venue trust the changes that have been made have received from interest groups, before anybody else was recognized so to fix a badly flawed legislation. that an effort by me to have an amend- Congressman MANZULLO and I went which number in the hundreds, clearly to the Rules Committee yesterday to indicates that we don’t have everybody ment to fix venue problems that were request that we not vote on this bill on board. Much of this opposition could really pronounced was shut out be- because it’s not ready for floor action. have been avoided. cause that automatically made those We asked for more time to debate the At subcommittee, the Chair told us third-degree amendments. That seemed to me a strange effort bill in order for the opposition to be that concerns would be addressed at to avoid fairness on this important bill. heard. We were denied. With over 300 full committee. The Chair then assured We come in here today with this re- organizations who are opposed to this us that concerns would be worked out strictive rule which will not allow full legislation, have very serious concerns in the manager’s amendment prior to debate and wonder why is there such about this legislation, it is important floor action. While concessions have haste to avoid fairness in this rule. The that their voices be heard in this de- been made, this bill still needs work rule here even abrogates the House rule bate. and isn’t ready for prime time. Later We do need to address our patent sys- today, during debate on the bill, I ex- that requires half the time be provided tem, and we must have the time to do pect Members’ concerns to be brushed to the opposition, by saying it will be it and do it right. By voting down this off and told that everything will be controlled by two people who both sup- rule, we would give this House and the worked out in conference. port the bill. American people the time to make the I served as Chair of the Judiciary Again, why is there such a push to right choices for our innovators, our Committee for 6 years, and I know all avoid fairness in consideration and de- jobs, our economy. So I would urge a too well how elusive compromise can bate on this bill? ‘‘We need a com- ‘‘no’’ vote on the rule. be. But that doesn’t mean that we prehensive bill’’ is language we have Mr. LINCOLN DIAZ-BALART of should throw in the towel or simply heard over and over. What struck me Florida. Mr. Speaker, I yield 4 minutes lower a shoulder and plow forward. was, gee, that’s what we heard about to the distinguished gentleman from I prevented my Courts and Intellec- the immigration debate: we need a Wisconsin (Mr. SENSENBRENNER). tual Property Subcommittee Chair comprehensive bill. Why was that said Mr. SENSENBRENNER. I thank the from moving forward on patent form about immigration? I submit it was gentleman for yielding. until we could reach agreement with said because there were things that Mr. Speaker, I rise in opposition to all the interested parties, and that is people wanted to hide in a comprehen- the rule. what we should have done here. Patent sive bill that could never pass on its I am pleased that the Baldwin reform is vital to our Nation’s econ- own. amendment was included in the man- omy. The House should not take up So I begin to look at this bill, and it ager’s amendment. The Baldwin this legislation at odds with so many appears to have the same problem. amendment deletes the prior user sectors of the economy for the benefit There are things in here that don’t go rights section from H.R. 1908, leaving of others. to fix patent controls. There is such an current law on prior user rights intact. The other body is continuing to en- overreaching effort here to change H.R. 1908, as considered in com- tertain stakeholder meetings to try to rules and help the big dogs just devour mittee, encouraged a resort to trade se- develop consensus, and I commend and destroy the little guys.

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.009 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10253 Now the patent control issue, that’s a to the outright theft of American-cre- b 1000 problem. Boy, how easy to fix that. All ated technology and innovation. This Mr. WELCH of Vermont. Mr. Speak- you would have to do is say if you are legislation represents a slow-motion er, I continue to reserve. not the original patent holder and in- destruction of our patent system. Mr. LINCOLN DIAZ-BALART of ventor, then your rights are restricted. So what’s in the bill? First and fore- Florida. Mr. Speaker, it is my pleasure But that keeps being thrown out as a most we know what’s in the bill is a to yield 4 minutes to the distinguished basis to destroy and change and use a mandate to publish every patent appli- gentleman from Illinois (Mr. MAN- wrecking ball to the entire patent law. cation within 18 months, or after 18 ZULLO). The damages issues need a further months of that application being ap- Mr. MANZULLO. Mr. Speaker, we are look. My goodness, for so many years plied, whether or not that patent has hearing this argument, let’s just fix it now the patent issues have been guided been granted. in conference. Well, the last patent re- by factors that allow the courts to con- So we are giving every thief in the form bill that passed, H.R. 1561, passed sider various types of damages. Now we world in India and in China and Japan the House on March 3 of 2004. The Sen- have had one industry zero in on one and Korea the details of our most up- ate Judiciary Committee passed their time of damage that will help them and to-date innovative ideas, even before bill, but it never saw action before the hurt all others. That’s not fair. they are protected by the patents. We full Senate. The bill that the House We were told that in the Judiciary are being told, of course, Mr. ISSA has passed never made it to conference, but an amendment that will handle this. Committee that many of us, by name, it became law because someone stuffed Don’t be fooled. Whether or not the were called who would help the lan- it into the giant multi-thousand page Issa amendment passes, this legislation guage. Since then, I have not heard of omnibus consolidated appropriations any meetings to work on language. My will still mandate the publication of most patent applications before the bill which became law. staff has not heard of any. And besides that, we are Members of patent is issued. Yet, we are told in here today, trust Congress. For us to stand up here and us, we are going to work together. This America’s secrets will be exposed to a world filled with infringers and thieves. say, well, this is too confusing for us to isn’t the last time. I have heard over So don’t be fooled by the Issa amend- understand, excuse me; that’s what and over on that bill, and to come to ment, just the way we shouldn’t be we’re paid for. And if we have to take this point, where there is so much sub- fooled by the very nature of this bill a considerable period of our time to stantial unfairness and abrogation of being called a reform bill when it study and learn patent law, that’s our the fairness doctrine on taking up leg- should be called the Patent Destruc- job. If we don’t do that, we are failing islation concerns me all the more. tion Act. in our obligation to the people that we This isn’t fair. It’s not good. It’s not Secondly, this bill opens up new ave- represent. right. It’s not timely to take this up nues of attack before and after the pat- So, what happened last time was without proper discourse. ent has been issued, again weakening good for making sausage. You stuffed With that, I would ask that trust has the inventor, strengthening the in- the House-passed bill which never not been earned. Therefore, people fringers, both foreign and domestic. passed the Senate, never made it into should vote against this rule on a bi- Third, the bill changes the criteria of conference, into a giant omnibus bill, partisan basis. deciding the validity for a patent, but that’s not how you make legisla- Mr. WELCH of Vermont. Mr. Speak- again at the cost of the inventor. tion. er, I reserve the balance of my time. Fourth, the bill changes the way dam- Now, look what’s going on here. We Mr. LINCOLN DIAZ-BALART of ages are calculated, again, at the ex- were told that we had to file by 5 p.m. Florida. Mr. Speaker, it is my pleasure pense of the inventor, and in the proc- on Wednesday afternoon any amend- 1 to yield 4 ⁄2 minutes to the distin- ess creating havoc in our courts and ments to this bill. I went to the Rules guished gentleman from California forcing judges to be economists. Committee at 3 p.m. yesterday, where (Mr. ROHRABACHER). The most fundamental of all, of we met on the bill. At 2:43 p.m., the Mr. ROHRABACHER. Mr. Speaker, I course, we change the legal basis of our first manager’s amendment was filed, rise in strong opposition to the rule, as system from first-to-invent, which has 18 pages long. While we were still dis- well as opposition to the underlying been, historically, for 200 years, the cussing the first manager’s amend- legislation. basis of the patent system, and now we ment, the second manager’s amend- Let us note that this debate has been are changing it to first-to-file, the way ment got filed at 3:50 p.m. limited today, which is consistent with they do in Europe and in Japan. Do we At 5:30 in the afternoon, the general the substance of this legislation. The really want to have a country like public found out what was in it. I just process, as well as the substance of Japan? Look at their creative history. found out in an analysis done on the H.R. 1908 is totally unacceptable. This They rely on all of our ideas to perfect. second manager’s amendment that this bill should be called the Steal Amer- In short, every promise of H.R. 1908 is would be crippling to the small inven- ican Technologies Act Part 2. anti-inventor, and every provision tor. It would be horrifying to the pat- Yes, Mr. BERMAN and I have worked weakens the right of inventors and un- ent holders in this country, that it on this legislation over the years, and dermines one’s ability to protect his or would favor overseas patent holders as I thought that we had a compromise her invention. The electronic and fi- opposed to the . bill in 1999, with HOWARD COBLE and nancial industry billionaires who are All I asked for in that Rules Com- others; and this bill just negates all of pushing this are pushing it to facilitate mittee was for an extra hour of debate, the compromises that were made and their theft of new innovation. Yes, just 2 hours of debate on one of the the honest attempts to reach a good these guys are important to our econ- most important topics this place has patent bill. omy, but the opposition to H.R. 1908 ever had, and we were denied that. And Yes, there was a patent bill that was from the other economic sectors in our people turn on C–SPAN. They see us. passed and went into law in 1999, let us economy is deep and wide. We’ll take a half an hour to debate a note. This isn’t the first patent reform Many of those quoted by Mr. BERMAN post office, an hour to debate two post legislation in the last 50 years; it’s as having testified in these hearings offices, the naming of the post offices, only the worst patent reform legisla- are opposed to this bill. Biotech, phar- but 1 hour, just 1 hour to debate one of tion over the last 50 years. This legisla- maceuticals, labor unions, universities, the most important issues that has tion, under the guise of reform, will small businesses, all are against, ada- ever come before this Congress in 50 dramatically diminish the constitu- mantly against, this bill. Let us pro- years, 50 years. That’s just fairness. tionally protected rights that were tect the little guy from foreign and do- Just fairness is all we’re asking for. mandated by our Founders and that mestic scavengers who would steal our I feel like asking for a motion to ad- have been the impulse behind our Na- country’s newest ideas from the best journ, but I’m not going to. That would tion’s prosperity and security. and most creative minds of our coun- not be fair to the Members that have H.R. 1908 will dramatically weaken try. other things to do. the patent rights of ordinary Ameri- I urge my colleagues to oppose this But to tell the American people the cans and make us even more vulnerable legislation and this rule. Members of Congress really don’t need

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.011 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10254 CONGRESSIONAL RECORD — HOUSE September 7, 2007 to know the details, that we’ll take Additionally, this rule, and I’ve been ber of important amendments have not care of the details for you, that’s an voting against rules lately because been made in order. And on legislation abandonment of our obligation here. they weren’t open and fair. This rule this important, we think that it should We come here with the obligation to accommodated virtually every amend- have been brought forth with an open learn every issue on which we vote. We ment offered. In fact, many of the peo- rule. And so that’s why we oppose the may not know all the nuances, we may ple speaking here today against the bill rule, and would urge that the majority not know all the details, but nobody’s and against the rule didn’t offer any of the Rules Committee bring forth going to tell us that this is too con- amendments. this legislation again with the oppor- fusing for you to understand, because Whether you’re on the committee or tunity of all Members of the House to that’s not what the American people not, this is your opportunity, after offer all amendments based on their send us here for. nearly 4 years of this being an open work product for consideration by all And so I would just urge you, urge process under leadership on both sides of our colleagues. the folks, that there is no way possible of the aisle, this is your opportunity, if And so with that, I urge the defeat of in the limited amount of time that we you have solutions. this unfair rule. can discuss this bill. I urge the passage of this rule and Mr. Speaker, I yield back the balance Let me show you what this does. This the passage of the underlying bill be- of my time. is Caterpillar, this is RIM. It puts two cause, in fact, it is the best work the Mr. WELCH of Vermont. Mr. Speak- companies against each other. RIM has best minds on both sides of the aisle er, I close by making two comments. a lot of American parts. The bill should could produce over 3 years. Number one, this bill was the product be written to accommodate both, to ac- Now, people who, in fact, are saying not just of exhaustive hearings by the commodate the American inventions in they don’t want to vote for it are say- subcommittee on a bipartisan basis. both of these manufactured products. ing we just need more time. In fact, the It’s really been the work of a couple of Vote ‘‘no’’ on the rule. engine that drives the economic wealth Congresses. Mr. WELCH of Vermont. Mr. Speak- of our country cannot afford for us to The patent reform system hasn’t er, I yield 1 minute to the gentleman simply let the men and women in black been changed in any significant way from Michigan (Mr. CONYERS), Chair of robes continue to try to patch a broken for literally over a half a century, and the Judiciary Committee. system, as the Supreme Court has the changes that have occurred in our Mr. CONYERS. Mr. Speaker, I thank done. Not moving in this Congress, and economy in electronic communica- the manager, and I rise to congratulate rapid pace could be another year, in- tions, in telecommunications, on soft- all the Members for all the hard work cluding the other body. Not moving in ware, on biotechnology, on every field that has been done in the course of the this Congress would force the Supreme that has produced wealth in this coun- many months, some would say years, Court to deal with an out-of-date set of try have been extraordinary, yet the in bringing this to the floor. laws. We need to vote this bipartisan patent system has been stuck in 1952 I’d just like to make a comment bill through a very positive rule, and mode. about the manager’s amendment that then to final passage. The process that the chairman, Mr. I strongly recommend that people I’ve heard raised in the discussion be- BERMAN, the ranking member, Mr. look at the fact that amendments were cause, actually, I thank the floor man- SMITH, and others have had to go accepted by both sides of the aisle, and, ager of the Rules Committee on the Re- through to try to accommodate the le- as the chairman said, more were ac- publican side because we had, I gitimate concerns of the inventor com- cepted by the Republicans, in addition thought, a very good meeting yester- munity, of the corporate community, to literally hundreds of suggestions day. and the complexities of that have been being incorporated into the manager’s It should be known to everyone here extreme. that the reason we had the late filing amendment. I move that we pass the rule, pass the This amendment that is being pre- of the manager’s amendment is that we underlying bill, continue a bipartisan sented to you reflects an open process, were keeping it open for everybody to process that, of course, will always not an open amendment with anything make their last changes. And most of have somebody who feels they’re not and everything on the table, but the the requests came from the minority benefited. But, in fact, you can’t get product of an open process where ev- side, which we were happy to accom- this kind of support by people who do erybody who had a concern was actu- modate. So it’s in that spirit that I not normally work well together un- ally heard, and the best effort was refer and make available to everybody less, in fact, this process has been full made to accommodate them directly here everything that are in manager’s and fair, as it has been. I thank the with specific legislation in the bill, in amendments, and hope that the fact ranking member and the chairman for the manager’s or in the amendments that this is maybe 80 percent accom- their bipartisan work. that were offered. plished for almost all the many sides to Mr. LINCOLN DIAZ-BALART of So the committee members, on a bi- this debate will carry us through the Florida. Mr. Speaker, I want to thank partisan basis, with Mr. BERMAN and rule and through the spirit that has all of our colleagues who have partici- Mr. SMITH, have done everything pos- moved the committee and the sub- pated in this debate; thank Chairman sible to accommodate the concerns of committee and the Judiciary Com- CONYERS for his kind words. the inventor community, the corporate mittee this far. This obviously is very important leg- community, our modern economy and Mr. LINCOLN DIAZ-BALART of islation. And even though my very the representatives in this body who Florida. Mr. Speaker, I reserve the bal- good friend, Mr. ISSA, just stated that are standing up for their constituents. ance of my time. most of the amendments had been Secondly, there was some assertion Mr. WELCH of Vermont. Mr. Speak- made in order by the Rules Committee, that this is an anti-inventor bill. That er, I yield 2 minutes to my friend and that’s not the case. Five amendments is absolutely wrong. This is a bill that colleague, the gentleman from Cali- were made in order, and nine, nine is being endorsed by the National fornia (Mr. ISSA), a member of the Ju- were denied. Academy of Sciences, by many in the diciary Committee. Mr. BERMAN. Will the gentleman university community, and by others Mr. ISSA. Mr. Speaker, I appreciate yield on that issue? who have, as their whole motivation, the gentleman yielding. The fact that Mr. LINCOLN DIAZ-BALART of the expansion of knowledge and then this is what one might consider Demo- Florida. I have very little time. I will the implementation of the benefit of crat time being yielded to a Republican yield. that knowledge through a patent sys- probably says just how bipartisan this Mr. BERMAN. A number of the nine tem. bill is. This has been worked on in a that were not made in order were in- So the committee has done an open Republican majority and in a Demo- corporated, at the request of the au- process which has brought us to this crat majority. It’s been cosponsored by thors of the amendments, into the point, and it has proposed changes that the chairman and the ranking members manager’s amendment. are 50 years in the making, that is of the committees. It is, in fact, an un- Mr. LINCOLN DIAZ-BALART of going to strengthen and expand the usual piece of work. Florida. Reclaiming my time. A num- rights of our patent community.

VerDate Aug 31 2005 23:53 Sep 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.013 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10255 Mr. Speaker, I urge a ‘‘yes’’ vote on much-needed underlying conference re- families who are need; it strengthens the rule, House Resolution 636. port, the College Cost Reduction Act, America. I yield back the balance of my time, which will help give our students a real The promise of the American Dream and I move the previous question on opportunity to go to college and give is the glue that holds our communities the resolution. them the vital tools necessary to enter together. It was educational oppor- The previous question was ordered. our workforce and build a positive fu- tunity that provided me, the proud The SPEAKER pro tempore. The ture for themselves and our commu- daughter of a working family, to ob- question is on the resolution. nities. And, Mr. Speaker, at the outset tain a first-rate education and ulti- The question was taken; and the I want to thank Representative mately find my way to the floor of the Speaker pro tempore announced that GEORGE MILLER, the distinguished House of Representatives to fight for the ayes appeared to have it. chairman of the Education and Labor what is right. By denying the opportu- Mr. LINCOLN DIAZ-BALART of Committee, along with Speaker NANCY nities afforded by access to higher edu- Florida. Mr. Speaker, on that I demand PELOSI, whose commitment to our stu- cation, we deny our families their the yeas and nays. dents, our families and our future in share of the American Dream. The yeas and nays were ordered. this country has brought us to this day The College Cost Reduction Act ad- The SPEAKER pro tempore. Pursu- when we are able to take this great ant to clause 8 of rule XX, further pro- dresses this crisis in a fiscally sound step to put college education back and responsible manner. It is funded by ceedings on this question will be post- within reach of so many hardworking poned. cutting unnecessary subsidies to pri- families and students. The College Cost vate lenders and putting our taxpayer f Reduction Act addresses one of the dollars to work for the American peo- b 1015 most pressing issues facing millions of ple. So, Mr. Speaker, this act will not families across this Nation: the ques- PROVIDING FOR CONSIDERATION only put college back in reach for our tion of how they will afford to send OF CONFERENCE REPORT ON families; it does so by cutting almost their children to college. $21 billion in taxpayer subsidies to pri- H.R. 2669, COLLEGE COST REDUC- Educational opportunity is the back- TION AND ACCESS ACT vate lenders and reinvesting over $20 bone of our Nation and everything that billion of the savings in our Nation’s Ms. SUTTON. Mr. Speaker, by direc- makes it great. And while access to students and putting an additional $750 tion of the Committee on Rules, I call higher education is more critical than million towards reducing our Nation’s up House Resolution 637 and ask for its ever for younger generations, the cost deficit. immediate consideration. is rapidly moving out of reach for Specifically, the College Cost Reduc- The Clerk read the resolution, as fol- many low- and middle-income families. tion Act will cut the interest rates on lows: Tuition at 4-year public colleges and subsidized student loans in half. The H. RES. 637 universities has risen 41 percent after bill invests heavily in the much-need- Resolved, That upon adoption of this reso- inflation since 2001. And the typical ed, need-based Pell Grant scholarship lution it shall be in order to consider the American student now graduates from conference report to accompany the bill program, increasing the maximum college with a $17,500 debt. This prob- award by at least $1,090 over the next 5 (H.R. 2669) to provide for reconciliation pur- lem has developed into nothing less suant to section 601 of the concurrent resolu- years and expanding eligibility for the tion on the budget for fiscal year 2008. All than a crisis. grants. By passing this bill, we will points of order against the conference report Sadly, due to the failure of past Con- make a college education possible for and against its consideration are waived. gresses, many students have had their hundreds of thousands of additional The conference report shall be considered as dreams shattered because they could students over the next 5 years. read. not afford college tuition. Many hard- Additionally, Mr. Speaker, this legis- working parents have had their hearts The SPEAKER pro tempore. The gen- lation also recognizes the value of our broken because, despite their valiant tlewoman from Ohio is recognized for 1 public servants by providing them with efforts, they simply could not afford to hour. loan forgiveness for those who choose pay tuition and meet other vital family Ms. SUTTON. Mr. Speaker, for the to serve in the jobs that make our needs. This problem has festered for purpose of debate only, I yield the cus- world turn: teachers, firefighters, too long, and I have long believed, Mr. tomary 30 minutes to the gentleman nurses, law enforcement officers, and Speaker, that those in government from Florida (Mr. LINCOLN DIAZ- librarians. BALART). All time yielded during con- must work with the people they are Further, the College Cost Reduction sideration of the rule is for debate called to serve and not against them. Act provides upfront tuition assistance only. And that is what this bill does. It is the single largest investment in higher to qualified undergraduates who com- GENERAL LEAVE mit to teaching in public schools in Ms. SUTTON. Mr. Speaker, I ask education since the GI Bill. It’s good for our families. It’s good for our stu- high-poverty communities. This bill in- unanimous consent that all Members vests in the strength of our commu- have 5 legislative days within which to dents. It’s good for our country. Financial barriers to higher edu- nities and of our country. And the re- revise and extend their remarks and in- turn on our investment as a Nation in sert extraneous materials into the cation not only hurt students them- selves by robbing them of the edu- our students and people will, without RECORD. question, provide an enormous return. The SPEAKER pro tempore. Is there cation and training necessary to make Mr. Speaker, the crisis of college cost objection to the request of the gentle- a productive and positive impact in our is pervasive, and it is getting worse. It woman from Ohio? communities; it hurts us all. Investing is long past the time that Congress There was no objection. in our students will not only improve Ms. SUTTON. Mr. Speaker, I yield their future; it will help our economy take action to ensure that a college myself such time as I may consume. and our retired workers whom they education is not a privilege reserved (Ms. SUTTON asked and was given will support. It ensures our national se- only for the wealthy. permission to revise and extend her re- curity, continued improvements in I urge all of my colleagues to support marks.) health outcomes, and will help the our children and our families by voting Ms. SUTTON. Mr. Speaker, H. Res. United States maintain its role as a for the rule and the underlying bill. 637 provides for consideration of the leader in developing new cutting-edge Mr. Speaker, I reserve the balance of conference report to accompany H.R. technologies. By providing students my time. 2669, the College Cost Reduction and with access to higher education, we are Mr. LINCOLN DIAZ-BALART of Access Act. The rule waives all points bolstering every sector of our economy Florida. Mr. Speaker, I thank my of order against the conference report from medical research to manufac- friend, the gentlewoman from Ohio, for and its consideration and considers the turing because we are creating the next the time; and I yield myself such time conference report as read. generation of innovators and leaders. as I may consume. Mr. Speaker, I am honored to rise Investing in our younger generations This rule that the majority brings today in support of this rule and this will not only help our students and forth today, Mr. Speaker, is a standard

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.015 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10256 CONGRESSIONAL RECORD — HOUSE September 7, 2007 rule for a conference report. But yes- ference report on H.R. 2669, the College other lenders of college loans, exces- terday the minority on the Rules Com- Cost Reduction and Access Act. sive subsidies that were paid for them, mittee voted against this rule because In this last election, we campaigned excessive subsidies that were identified of the unsatisfactory manner in which very hard on cutting the cost of college in the President’s legislation, and we the conference report was put together. for students and making college more recycle those monies to the benefit of In his submitted testimony to the affordable for students and their fami- the students and to their families, and Rules Committee yesterday, Education lies who are borrowing money to go to we do so within pay-as-you-go, that and Labor Committee Ranking Mem- school. And it is clear that we intend each and every expenditure in this bill ber BUCK McKeon expressed concern to do that with the passage of this leg- is paid for by the recycling of those ex- with the process the majority used of islation today. cessive subsidies that were going to the the conference committee. The minor- In the first 10 hours as part of our 6 lending institution. And in that way, ity was informed at 9:30 p.m. that the for ’06 agenda, we cut the interest rates we’re able to deliver real money to conference committee would meet at in half on the subsidized student loans these families in need in the form of a 11:30 a.m. the following morning. How- so that those low-income families and reduction in interest rates, in the form ever, the majority did not provide the middle-income families who are strug- of an increase in the Pell Grants. minority with the text of the con- gling to meet the debt burden of send- But we also do that so that those ference report at the time the meeting ing their children to school will have people who want to choose the profes- was announced and even kept the text some relief in that effort. And over the sion of a policeman, a nurse, a fireman, away from Republicans at the meeting next 4 years in this conference report, a teacher, a special educator, a pros- itself. we will cut those interest rates from ecutor, a public defender, that those in- Republican conferees were, in effect, 6.8 percent to 3.4 percent, which is a dividuals will be allowed to choose left in the dark. They had no way to savings of the average indebted student those careers and know that they will know what was in the report. As such, upon graduation over the life of that not have to make another choice be- it was impossible for members of the loan of some $4,400. Also for the lowest- cause of the crushing debt of their col- minority to propose amendments to income students, the students most in lege education. They, under this legis- the report and thus play any meaning- need, we are increasing the Pell Grant lation, will not be required to pay any ful part in the conference. up to a level over the next 5 years of more than 15 percent of their income in Democrats did not even allow Repub- $5,400. This is in keeping with what the any given year for these student loans. licans to see the conference report at President promised but never did, and And what does that mean? That means the end of the meeting. Instead, Repub- this is in keeping with our promise they can start a career in nursing, in licans had to wait until later in the that we would again restore the pur- health care, in law enforcement, as a evening hours after the conference chasing value of the Pell Grant. first responder, and they know that if committee had ended. And you can see from this chart, Mr. they stay in that field for 10 years, that Mr. Speaker, our friends on the other Speaker, the fact is over the last sev- loan will be forgiven. That is a major side of the aisle campaigned, and they eral years, the Pell Grant has been advantage to those individuals who are did so repeatedly, on an open, fair, and flat-lined in spite of promises each and seeking to go into those fields. bipartisan process, including a promise every year that it was going to be in- We also want to keep the promise of to provide members of conference com- creased; and this year for the first time earlier actions in this Congress when mittees with texts of conference re- Mr. OBEY put money in, in the con- we passed the COMPETES Act to have ports. They also said that they will tinuing resolution in the appropria- highly qualified teachers in math and allow members of the conference com- tions bill, and then this bill will con- science go into the classrooms. We’re mittee to vote on all amendments. tinue to raise the Pell Grant to $5,400. saying to those exemplary performers During consideration of the rules This is the largest increase, certainly, in college that if you’ll go into teach- package for this new Congress, the dis- in recent history. ing and you’ll go into the most dif- tinguished chairwoman of the Rules It is important that these two popu- ficult schools, we will give you $4,000 a Committee said, ‘‘Never again will any lations, middle-income students and year up front while you’re in school of Member of the Congress have to fight families and low-income students and tuition relief if you will agree to do to find out where the conference to families, have these resources available that; 16,000 real dollars to those people which he or she has been appointed is to them. And the reason it is impor- because they’re going to go in and meeting.’’ tant is we are now seeing increasing re- teach in the most difficult schools, and Well, in this instance, Members did ports now estimated at more than a the exemplary performers are going to not have to fight to find the conference quarter of a million students who are have the skills and the talents to do committee location, but they certainly fully qualified to go to school every that if they so choose to do it. did have to fight to get the text of the year choose not to go to college, to This legislation is the foundation of conference report; and even after fight- postpone it, or not to go at all because the cornerstone of our agenda on inno- ing, they did not get to see it. By keep- they are worried about whether or not vation for new discovery of this Na- ing the text of the conference report they will be able to manage the debt or tion, the next generation of discovery, away from the minority, Democrats afford the cost of college. of innovation, of economic growth and were essentially locking out Repub- jobs here in America. This is the most 1030 lican Members from the conference b valuable investment we can make. committee, which is exactly what the And it is our job to make sure that Every economist will tell you that the Democrats said they would not do. no student in America that is fully investment in education yields more So, Mr. Speaker, because of the man- qualified to go to college is refused the back to the government, more back to ner, the way the majority kept the text opportunity to do so because of the the public sector, more back to civil of the conference report from Repub- cost of college. That has been the pol- society than any other investment we licans and thus committed, if you will, icy of this country since the GI Bill, make. And that’s what we’re doing in a process foul, we oppose this rule. and this is the largest investment since this legislation. We promised we would Mr. Speaker, I reserve the balance of the GI Bill 50 years ago. But it was a do it. We started out in ‘‘six for ’06,’’ my time. policy of the Eisenhower administra- and today, with this conference report, Ms. SUTTON. Mr. Speaker, I yield 6 tion, of the Kennedy administration, the House and the Senate is keeping its minutes to the distinguished gen- and essentially every administration promise. tleman, the chairman of the Education on a bipartisan basis since then. But We’ve made changes in this legisla- and Labor Committee from California we now see college costs far outstrip- tion that were suggested by Mr. (Mr. GEORGE MILLER). ping the ability of families to pay for a MCKEON and by the administration. Mr. GEORGE MILLER of California. college education, therefore requiring And I am proud to announce that the I thank the gentlewoman for yielding. them to borrow money. President, in spite of his suggested Mr. Speaker, I rise in strong support So in this legislation we take $20 bil- veto messages or his staff-suggested of this rule to make in order the con- lion away from the large lenders and veto messages over the last couple of

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.019 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10257 months, the President has agreed to were in charge, we have increased Pell This legislation helps our students sign this legislation. Grant spending double. As the chair- graduate. It encourages public service. I encourage all of my colleagues to man just pointed out, the amount of This bill is worth all of us voting for it. join in support of this rule and to sup- what he talked about, the individual The middle class of America needs re- port the conference report when it aid to each individual student, has re- lief. This is a giant step forward in edu- comes before us. I hope that we will mained fairly even, but the amount cating all Americans. have a good bipartisan vote as they’re that we have put in has been increased Ms. SUTTON. Mr. Speaker, at this now having in the Senate at this very like a billion dollars a year over that time, I yield 1 minute to the gentleman moment. period of time because we have a mil- from New York, a distinguished mem- I thank the gentlewoman for her sup- lion and a half more students that have ber of the Education and Labor Com- port in this effort and for yielding the now been able to take advantage of mittee, Mr. BISHOP. time. that and use the money for their help Mr. BISHOP of New York. I thank ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE in getting their chance to achieve the the gentlewoman for yielding. The SPEAKER pro tempore. Mem- American Dream. Mr. Speaker, it is difficult for me to bers are reminded to address their re- By creating a bundle of new entitle- summarize in 1 minute the attributes marks to the Chair. ment programs complete with new bu- of this first-rate conference report, but Mr. LINCOLN DIAZ-BALART of reaucracy, rules, and regulations, this let me just say this: For a period of Florida. Mr. Speaker, it is my privilege conference agreement places billions of time before I came to the Congress, I to yield such time as he may consume dollars in new Federal spending on was the senior administrator in a col- to the distinguished gentleman from autopilot with no accountability to lege. I had a very simple rule when I California, the ranking member of the taxpayers whatsoever, completely op- was faced with a decision. That rule committee, Mr. MCKEON. posite of what the real purpose of rec- was: Is the decision I’m about to make Mr. MCKEON. I thank the gentleman onciliation is for. in the best interest of students, will it for yielding the time. The purpose of reconciliation, requir- help students? And by that measure, Mr. Speaker, I rise in opposition to ing an easier passage by only requiring the answer to this question is an em- the rule. This rule would provide for 50 votes in the Senate, was set up to re- phatic ‘‘yes.’’ consideration of fiscally irresponsible duce mandatory spending and to save We should be supporting the rule. We legislation that would create costly money on the budget deficit. And this should be supporting the underlying new entitlement programs and mis- will actually increase and go just the legislation. This legislation helps stu- direct billions of aid toward colleges, opposite direction. dents realize their dreams, and that’s universities, college graduates and And finally, let me be perfectly clear: what this Congress should be about. philanthropic organizations rather I have absolutely no confidence in the This is about student aspiration, and this is about the Congress providing than the low-income students who need Department of Education’s ability to the resources to see to it that students the help the most. implement the changes outlined in this My colleagues who were around in conference agreement, particularly can get their slice of the American the last Congress may remember that with the timeline it sets. It gives me Dream. And by increasing the Pell when we passed a real budget reconcili- no pleasure to point out this obvious Grant maximum, by reducing the rate that students will have to pay when ation bill, the Education and Work- fact, particularly in a Republican ad- they borrow, and by streamlining the force Committee found some $18 billion ministration, but it’s true. And sadly, needs analysis system so that students plus in savings, two-thirds of which we we will be watching this failure play have a more realistic measure of their directed towards deficit reduction and out in the coming months and years. The rule allows consideration of a ability to pay, we will increase access, one-third of which we directed towards conference report that breaks promises we will enhance affordability. increased student benefits such as to students and taxpayers alike. I urge We should support this rule and sup- higher loan limits, more grant aid for my colleagues to join me in opposing port this conference report. low-income, high-achieving students, it. Ms. SUTTON. Mr. Speaker, I yield 1 and loan forgiveness for high-demand Ms. SUTTON. Mr. Speaker, I yield 1 minute to the gentleman from Illinois, teachers. Unfortunately, H.R. 2669, the minute to the distinguished gentle- a distinguished member of the Edu- bill that will be before us today, takes woman from Texas (Ms. JACKSON-LEE). cation and Labor Committee, Mr. us in a drastically different direction. (Ms. JACKSON-LEE of Texas asked DAVIS. The rule before us provides for the and was given permission to revise and (Mr. DAVIS of Illinois asked and was culmination of months of abuse of the extend her remarks.) given permission to revise and extend budget reconciliation process as a Ms. JACKSON-LEE of Texas. Mr. his remarks.) backdoor way to implement significant Speaker, this is the single largest in- Mr. DAVIS of Illinois. Mr. Speaker, I changes to programs best addressed vestment in education since the GI rise in strong support of the rule for through regular order. Not a single Bill, and we know what the GI Bill did H.R. 2669, the College Cost Reduction committee hearing has been held on for the World War II generation. and Access conference bill. this legislation. The potential impact Last month, the American people Mr. Speaker, first of all, I want to of many of its student loan cuts has lost 4,000 jobs under this administra- commend the leadership in both the never been weighed, and no one has tion, and foreclosures are rising. The House and the Senate for this out- provided adequate reasons regarding middle class needs relief. And this bill standing legislation. This bill recog- why the new entitlement programs and will cut interest rates in half of sub- nizes the fact that without investment complex student loan auction scheme sidized student loans over the next 4 there is no return. And it is, indeed, a created under the conference report are years. It will allow borrowers to be strong investment in the future of necessary or fiscally reasonable. able to not pay more than 15 percent America. It eliminates the right of parents to on their loans. There are many components of the choose their lender and replaces con- In addition, the Pell Grant, some- bill that are outstanding: loan forgive- sumer choice with a government-run thing that has helped low income, stu- ness for public service, loan forgiveness auction system that is complex, bur- dents, and what all of my students ask for individuals who teach in high-need densome and untested. And all of this about every single time I visit college institutions, schools. But especially, will be put into place in a couple of campuses, will be raised to $490, and Mr. Speaker, I am pleased to note that weeks time. I’m anxious to see how the over 5 years more than $1,000. And then this legislation focuses attention on department puts this into place. we will invest in America’s most un- the needs of primarily minority-serv- This measure could have been im- derserved communities, Hispanic-serv- ing institutions like Hispanic-serving proved by infusing more savings into ing, Historically Black, Native Ameri- institutions, Historically Black Col- the Pell Grant Program. Pell is a prov- cans and other institutions in which leges and Universities, PBIs, predomi- en success that has helped millions of the bill will invest $510 million to help nantly black institutions, and of young people attend college. In the students stay in school among other course Native American and Pacific Is- time during the last 12 years that we incentives. land institutions.

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.020 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10258 CONGRESSIONAL RECORD — HOUSE September 7, 2007 I want to commend Mr. HINOJOSA, ership of Chairman GEORGE MILLER in Brown, Corrine Honda Perlmutter who is the chairman of our sub- Butterfield Hoyer Peterson (MN) making college affordability a top pri- Cannon Inslee Pomeroy committee, and urge that this legisla- ority. Capps Israel Price (NC) tion be passed. Capuano Issa Rahall First of all, Mr. Speaker, I want to commend b 1045 Cardoza Jackson (IL) Rangel Carnahan Jackson-Lee Reyes the leadership in both the House and the Sen- Under his guidance, all of the mem- Carney (TX) Richardson ate for this outstanding legislation. This bill bers of the Education and Labor Com- Castor Jefferson Rodriguez recognizes the fact that without investment, mittee have crafted a good bill that Chandler Johnson (GA) Ross there is no return. And it is indeed a strong in- works for our families and our country. Clarke Johnson, E. B. Rothman Clay Kagen Roybal-Allard vestment in the future of America. It expands Mr. Speaker, I urge all of my col- Cleaver Kanjorski Ruppersberger access and makes higher education more ac- leagues to vote for this investment in Clyburn Kennedy Rush cessible for all. It increases the Pell grant our children, in our economy and in Coble Kildee Ryan (OH) maximum to $4,800 next year and to $5,400 Cohen Kilpatrick Salazar our future, to keep faith with the Conyers Kind Sa´ nchez, Linda by 2012. It cuts interest rates, provides up- American people, and to send a clear Cooper Klein (FL) T. front tuition for students who agree to teach in message that the American Dream is Costa Kucinich Sarbanes high-need public schools, provides loan for- not a relic of the past, but a corner- Courtney Langevin Schakowsky Cramer Lantos Schiff giveness for some public employees and, Mr. stone of our future. Crowley Larsen (WA) Schwartz Speaker, I am especially pleased that it recog- I urge a ‘‘yes’’ vote on the previous Cuellar Larson (CT) Scott (GA) nizes the unique needs of primarily minority question and on the rule. Cummings Lee Scott (VA) serving institutions like Hispanic-serving His- Davis (AL) Levin Serrano Mr. Speaker, I yield back the balance Davis (CA) Lewis (GA) Shea-Porter torically Black Colleges and Universities, Na- of my time, and I move the previous Davis (IL) Lipinski Sherman tive American, Pacific American, Asian Amer- question on the resolution. Davis, Lincoln Loebsack Shuler ican and Predominately Black Institutions in The previous question was ordered. Davis, Tom Lofgren, Zoe Simpson which I took a particular interest. Importantly, DeFazio Lowey Sires The SPEAKER pro tempore. The DeGette Lynch Skelton it includes $510 million for these minority-serv- question is on the resolution. Delahunt Mahoney (FL) Slaughter ing institutions and $30 million for PBIs specifi- The question was taken; and the DeLauro Maloney (NY) Smith (TX) cally. Speaker pro tempore announced that Dicks Markey Smith (WA) Again, Mr. Speaker, I want to commend the Dingell Marshall Snyder the ayes appeared to have it. Doggett Matheson Solis leadership in both the House for this great Mr. LINCOLN DIAZ-BALART of Donnelly Matsui Space work and especially subcommittee Chairman Florida. Mr. Speaker, on that I demand Doyle McCarthy (NY) Spratt Edwards McCollum (MN) Stark HINOJOSA for his strong positions on the needs the yeas and nays. of minority students and primarily minority Ellison McDermott Stupak The yeas and nays were ordered. Emanuel McGovern Sutton serving institutions. Engel McIntyre Tanner Mr. LINCOLN DIAZ-BALART of The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, further pro- Eshoo McNerney Tauscher Florida. Mr. Speaker, we reiterate that Etheridge McNulty Taylor the process by which this conference ceedings on this question will be post- Farr Meek (FL) Thompson (CA) poned. Fattah Meeks (NY) Thompson (MS) report was composed was not fair. And Filner Melancon Tierney it, in effect, violated the promises f Frank (MA) Miller (NC) Towns made by the other side of the aisle very Gallegly Miller, George Udall (CO) recently, very recently made and reit- ANNOUNCEMENT BY THE SPEAKER Giffords Mitchell Udall (NM) PRO TEMPORE Gillibrand Mollohan Van Hollen erated. The process was profoundly un- Gonzalez Moore (KS) Vela´ zquez fair. I stressed that in my previous re- The SPEAKER pro tempore. Pursu- Gordon Moore (WI) Visclosky marks, and I reiterate it now. ant to clause 8 of rule XX, the Chair Green, Al Moran (VA) Walz (MN) In addition, we’ve heard from the dis- Green, Gene Murphy (CT) Wasserman will now put each question on which Grijalva Murphy, Patrick Schultz tinguished ranking member with re- further proceedings were postponed Gutierrez Murtha Waters gard to grave concerns by many of earlier today, in the following order: Hall (NY) Nadler Watt those who have been working on this Hare Napolitano Waxman Adoption of H. Res. 636, by the yeas Harman Neal (MA) Weiner issue, such as Mr. MCKEON, for many and nays; Hastings (FL) Oberstar Welch (VT) years. Adoption of H. Res. 637, by the yeas Herseth Sandlin Obey Wexler So for those reasons, Mr. Speaker, we and nays. Higgins Olver Wilson (OH) oppose this rule and would urge a ‘‘no’’ Hinojosa Ortiz Woolsey The Chair will reduce to 5 minutes Hirono Pascrell Wu vote on the rule. the time for the second electronic vote Hodes Pastor Wynn Mr. Speaker, I yield back the balance in this series. Holt Payne Yarmuth of my time. Ms. SUTTON. Mr. Speaker, the Con- f NAYS—181 gress has an obligation to address the PROVIDING FOR CONSIDERATION Aderholt Campbell (CA) Fossella needs of the American people, and to Akin Cantor Foxx OF H. Res. 636, PATENT REFORM work with them to address the pressing Alexander Capito Franks (AZ) ACT OF 2007 Bachmann Castle Frelinghuysen problems that they face. Bachus Chabot Garrett (NJ) Today, we take a great step towards The SPEAKER pro tempore. The un- Baker Cole (OK) Gerlach regaining the faith of the American finished business is the vote on adop- Barrett (SC) Conaway Gingrey people as we pass the College Cost Re- tion of House Resolution 636, on which Bartlett (MD) Costello Gohmert Barton (TX) Crenshaw Goode duction Act to provide hundreds of the yeas and nays were ordered. Biggert Culberson Goodlatte thousands of American families with The Clerk read the title of the resolu- Bilbray Davis (KY) Granger the opportunity to create a better life tion. Bilirakis Davis, David Graves Blackburn Deal (GA) Hall (TX) for their children. I am proud to be a The SPEAKER pro tempore. The Blunt Dent Hastings (WA) part of that effort. question is on the resolution. Boehner Diaz-Balart, L. Hayes The College Cost Reduction Act is a The vote was taken by electronic de- Bonner Diaz-Balart, M. Heller fiscally responsible bill which makes vice, and there were—yeas 222, nays Bono Doolittle Hensarling Boozman Drake Herger the single largest investment in college 181, not voting 29, as follows: Boustany Dreier Hill aid since the GI Bill, which, as we all [Roll No. 860] Brady (TX) Duncan Hinchey Broun (GA) Ehlers Hobson know, provided our Greatest Genera- YEAS—222 tion with the opportunity to create the Brown (SC) Emerson Hoekstra Abercrombie Baldwin Bishop (NY) Brown-Waite, English (PA) Hulshof Nation we know today. Ackerman Barrow Blumenauer Ginny Everett Hunter This legislation invests over $20 bil- Allen Bean Boren Buchanan Fallin Inglis (SC) lion in student aid, and does so with no Altmire Becerra Boswell Burgess Feeney Johnson (IL) Andrews Berkley Boucher Burton (IN) Ferguson Jones (NC) additional cost to the taxpayers. Arcuri Berman Boyda (KS) Buyer Flake Jordan Before I close, Mr. Speaker, I want to Baca Berry Brady (PA) Calvert Forbes Kaptur again applaud the extraordinary lead- Baird Bishop (GA) Braley (IA) Camp (MI) Fortenberry Keller

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.022 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10259 King (IA) Miller (FL) Sali Clyburn Kagen Rangel Lamborn Neugebauer Sessions King (NY) Miller (MI) Saxton Cohen Kanjorski Reyes Latham Nunes Shadegg Kingston Miller, Gary Schmidt Conyers Kennedy Richardson LaTourette Pence Shays Kirk Moran (KS) Sensenbrenner Cooper Kildee Rodriguez Lewis (CA) Peterson (PA) Shuster Kline (MN) Murphy, Tim Sessions Costa Kilpatrick Ross Lewis (KY) Petri Simpson Knollenberg Musgrave Sestak Costello Kind Rothman Linder Pitts Smith (NE) Kuhl (NY) Neugebauer Shadegg Courtney Klein (FL) Roybal-Allard LoBiondo Platts Smith (NJ) LaHood Nunes Shays Cramer Kucinich Ruppersberger Lucas Poe Smith (TX) Lamborn Pence Shuster Crowley Lampson Rush Lungren, Daniel Porter Souder Lampson Peterson (PA) Smith (NE) Cuellar Langevin Ryan (OH) E. Price (GA) Stearns Latham Petri Smith (NJ) Mack Pryce (OH) Cummings Lantos Salazar Sullivan LaTourette Pitts Souder Manzullo Putnam Davis (AL) Larsen (WA) Sa´ nchez, Linda Terry Lewis (CA) Platts Stearns Davis (CA) Larson (CT) Marchant Radanovich T. Thornberry Lewis (KY) Poe Sullivan Davis (IL) Lee McCarthy (CA) Ramstad Sarbanes Tiahrt Linder Porter Terry DeFazio Levin McCaul (TX) Regula Schakowsky Tiberi LoBiondo Price (GA) Thornberry DeGette Lewis (GA) McCotter Rehberg Schiff Lucas Pryce (OH) Tiahrt Delahunt Lipinski McCrery Renzi Turner Lungren, Daniel Putnam Tiberi DeLauro Loebsack Schwartz McHenry Reynolds Upton E. Radanovich Turner Dicks Lofgren, Zoe Scott (GA) McHugh Rogers (AL) Walberg Mack Ramstad Upton Dingell Lowey Scott (VA) McKeon Rogers (KY) Walden (OR) Manzullo Regula Walberg Doggett Lynch Serrano McMorris Rogers (MI) Wamp Marchant Rehberg Walden (OR) Donnelly Mahoney (FL) Sestak Rodgers Rohrabacher Weldon (FL) McCarthy (CA) Renzi Wamp Doyle Maloney (NY) Shea-Porter Mica Ros-Lehtinen Westmoreland McCaul (TX) Reynolds Weldon (FL) Edwards Markey Sherman Miller (FL) Roskam Whitfield McCotter Rogers (AL) Westmoreland Ellison Marshall Shuler Miller (MI) Ryan (WI) Wicker McCrery Rogers (KY) Whitfield Emanuel Matheson Sires Miller, Gary Sali Wilson (NM) McHenry Rogers (MI) Wicker Engel Matsui Skelton Moran (KS) Saxton Wilson (SC) McHugh Rohrabacher Wilson (NM) Eshoo McCarthy (NY) Slaughter Murphy, Tim Schmidt Wolf McKeon Ros-Lehtinen Wilson (SC) Etheridge McCollum (MN) Smith (WA) Musgrave Sensenbrenner Young (FL) Mica Roskam Wolf Farr McDermott Snyder NOT VOTING—27 Michaud Ryan (WI) Young (FL) Fattah McGovern Solis Filner McIntyre Boyd (FL) Hooley Reichert NOT VOTING—29 Space Frank (MA) McNerney Spratt Carson Jindal Royce Bishop (UT) Hooley Pickering Giffords McNulty Stark Carter Johnson, Sam Sanchez, Loretta Boyd (FL) Jindal Reichert Gillibrand Meek (FL) Stupak Cubin Jones (OH) Shimkus Carson Johnson, Sam Royce Gonzalez Meeks (NY) Sutton Davis, Jo Ann Myrick Tancredo Carter Jones (OH) Sanchez, Loretta Gordon Melancon Tanner Davis, Lincoln Pallone Walsh (NY) Cubin McMorris Shimkus Green, Al Michaud Tauscher Ellsworth Paul Watson Davis, Jo Ann Rodgers Tancredo Green, Gene Miller (NC) Taylor Hastert Pearce Weller Ellsworth Myrick Walsh (NY) Grijalva Miller, George Thompson (CA) Holden Pickering Young (AK) Gutierrez Mitchell Gilchrest Pallone Watson Thompson (MS) Hall (NY) Mollohan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hastert Paul Weller Tierney Hare Moore (KS) Holden Pearce Young (AK) Towns The SPEAKER pro tempore (during Harman Moore (WI) Udall (CO) the vote). Members are advised 2 min- Hastings (FL) Moran (VA) b 1111 Udall (NM) Herseth Sandlin Murphy (CT) utes remain in this vote. Messrs. DEAL of Georgia, BAKER, Higgins Murphy, Patrick Van Hollen ´ MCCARTHY of California, CALVERT Hill Murtha Velazquez b 1120 Visclosky and CAMPBELL of California changed Hinchey Nadler So the resolution was agreed to. Hinojosa Napolitano Walz (MN) their vote from ‘‘yea’’ to ‘‘nay.’’ Hirono Neal (MA) Wasserman The result of the vote was announced Messrs. KILDEE, GALLEGLY and Hodes Oberstar Schultz as above recorded. TAYLOR changed their vote from Holt Obey Waters A motion to reconsider was laid on Watt ‘‘nay’’ to ‘‘yea.’’ Honda Olver Hoyer Ortiz Waxman the table. So the resolution was agreed to. Inslee Pascrell Weiner f The result of the vote was announced Israel Pastor Welch (VT) as above recorded. Jackson (IL) Payne Wexler MESSAGE FROM THE SENATE Jackson-Lee Perlmutter Wilson (OH) A motion to reconsider was laid on (TX) Peterson (MN) Woolsey A message from the Senate by Ms. the table. Jefferson Pomeroy Wu Curtis, one of its clerks, announced Johnson (GA) Price (NC) Wynn f that the Senate agrees to the report of Johnson, E. B. Rahall Yarmuth the committee of conference on the PROVIDING FOR CONSIDERATION NAYS—185 disagreeing votes of the two Houses on OF CONFERENCE REPORT ON the amendment of the Senate to the Aderholt Capito Garrett (NJ) H.R. 2669, COLLEGE COST REDUC- Akin Castle Gerlach bill (H.R. 2669) ‘‘An Act to provide for TION AND ACCESS ACT Alexander Chabot Gilchrest reconciliation pursuant to section 601 Bachmann Coble Gingrey of the concurrent resolution on the The SPEAKER pro tempore. The un- Bachus Cole (OK) Gohmert finished business is the vote on adop- Baker Conaway Goode budget for fiscal year 2008.’’. tion of House Resolution 637, on which Barrett (SC) Crenshaw Goodlatte f the yeas and nays were ordered. Bartlett (MD) Culberson Granger Barton (TX) Davis (KY) Graves The Clerk read the title of the resolu- CONFERENCE REPORT ON H.R. 2669, Biggert Davis, David Hall (TX) COLLEGE COST REDUCTION AND tion. Bilbray Davis, Tom Hastings (WA) The SPEAKER pro tempore. The Bilirakis Deal (GA) Hayes ACCESS ACT Bishop (UT) Dent Heller Mr. GEORGE MILLER of California. question is on the resolution. Blackburn Diaz-Balart, L. Hensarling This is a 5-minute vote. Blunt Diaz-Balart, M. Herger Madam Speaker, pursuant to House The vote was taken by electronic de- Boehner Doolittle Hobson Resolution 637, I call up the conference vice, and there were—yeas 220, nays Bonner Drake Hoekstra report on the bill (H.R. 2669) to provide Bono Dreier Hulshof 185, not voting 27, as follows: Boozman Duncan Hunter for reconciliation pursuant to section [Roll No. 861] Boustany Ehlers Inglis (SC) 601 of the concurrent resolution on the Brady (TX) Emerson Issa YEAS—220 budget for fiscal year 2008. Broun (GA) English (PA) Johnson (IL) The Clerk read the title of the bill. Abercrombie Berkley Brown, Corrine Brown (SC) Everett Jones (NC) Ackerman Berman Butterfield Brown-Waite, Fallin Jordan The SPEAKER pro tempore (Ms. Allen Berry Capps Ginny Feeney Kaptur SOLIS). Pursuant to House Resolution Altmire Bishop (GA) Capuano Buchanan Ferguson Keller 637, the conference report is considered Andrews Bishop (NY) Cardoza Burgess Flake King (IA) Arcuri Blumenauer Carnahan Burton (IN) Forbes King (NY) read. Baca Boren Carney Buyer Fortenberry Kingston (For conference report and state- Baird Boswell Castor Calvert Fossella Kirk ment, see proceedings of the House of Baldwin Boucher Chandler Camp (MI) Foxx Kline (MN) September 6, 2007 at page H10168.) Barrow Boyda (KS) Clarke Campbell (CA) Franks (AZ) Knollenberg Bean Brady (PA) Clay Cannon Frelinghuysen Kuhl (NY) The SPEAKER pro tempore. The gen- Becerra Braley (IA) Cleaver Cantor Gallegly LaHood tleman from California (Mr. GEORGE

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.005 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10260 CONGRESSIONAL RECORD — HOUSE September 7, 2007 MILLER) and the gentleman from Cali- Colleges and Universities, Hispanic Serving who has taken this bill from January fornia (Mr. MCKEON) will each control Institutions, and other minority serving to September, passing it step by step 30 minutes. schools—to ensure that students will not only through the House, through the Sen- The Chair recognizes the gentleman enter college, but remain and graduate; makes ate, conferencing it, in no small part from California (Mr. GEORGE MILLER). debt more manageable for students through due to the reconciliation status it en- Mr. GEORGE MILLER of California. an Income Based Repayment program; pro- joyed in the Senate, and I hope that Madam Speaker, I yield myself such vides loan forgiveness and loan repayment the whole House will note the support time as I may consume. options for those providing a public service; that it has gotten. This is a solid, sub- Madam Speaker, I rise in strong sup- and ensures that we place a highly qualified stantive bill for college students. I port of the conference report on H.R. teacher in every classroom through the cre- hope the conference report will pass 2669, the College Cost Reduction and ation of TEACH grants. handily in both Chambers and I hope Access Act, legislation that provides As mentioned before, this bill is fully paid for the President will take note and sign for cutting the interest rates on sub- with cuts to lender subsidies. this bill into law. sidized student loans from 6.8 to 3.4 It builds on proposals we passed in H.R. 5 Madam Speaker, I rise in strong support of percent over the next 5 years; that and on proposals outlined by the President in the conference agreement on H.R. 2669, the calls for the biggest increase in the his 2008 budget. College Cost Reduction and Access Act. I am Pell Grant in the history of the pro- We believe the reasonable offsets in the proud to say that this is a reconciliation bill, gram, $1,000 new dollars over the next 5 final package meet our goal to ensure the which originated with the budget resolution for years; that provides for an income-con- continued participation by the lenders in the fiscal 2008. This is also a happy occasion tingent payment plan where people will FFEL program as anticipated by the Congres- where good policy is good for the budget’s not have to pay more than 15 percent sional Budget Office. While a challenge, we bottom line. This bill will reduce the budget of their income on student loans; and if believe this final package balances our com- deficit at the same time that it invests in they go to public service, that loan can mitment to minimizing the burden placed on human capital and helps make college more be forgiven for 10 years; and provides lenders with our commitment to helping stu- affordable for millions of students. major support for the minority-serving dents. The conference agreement complies with institutions of this country. This is all As you can see, this conference agreement our budget resolution for fiscal year 2008, done within the PAYGO rules because is a remarkable step forward in our efforts to which instructed the House Committee on of the $20 billion in excessive subsidies help every qualified student go to college. This Education and Labor to cut spending under its that were being paid to lenders in this is a foundation we will continue to build on. As jurisdiction by $750 million by 2012. By pass- field, and so we comply with the Budg- I mentioned at the conference meeting, I am ing this measure, the House maintains the et Act. committed to continuing these efforts when the tough pay-as-you-go rule and the rule barring I rise in support of the conference report to House considers the reauthorization of the reconciliation bills that increase the deficit, a H.R. 2669, the College Cost Reduction and Higher Education Act this year. rule the House instituted for the 110th Con- Access Act. Given that we have addressed many of the gress in January. These budget rules require Yesterday, we held a rally to highlight the concerns raised by the Administration, I re- Congress to make tough choices to meet pri- benefits of this legislation for out nation’s stu- ceived confirmation yesterday from Secretary orities while restoring the budget to balance, dents and families. It is clear from listening to Spellings that the President is expected to and the House has insisted on enforcing these the students at the rally that one of the great- sign the final bill. rules in every case. est challenges facing them today is the rising I hope that my colleagues on the other side This reconciliation bill is a stark contrast cost of college and high student loan debt. of the aisle will follow the lead of the White from those enacted by Republican-controlled With students returning to campuses, I can House and the Senate—who overwhelmingly Congresses. Every Republican reconciliation think of no better back to school gift than passed this legislation not too long ago—and directive since 1994 has resulted in reconcili- passing a bill that represents the greatest ef- vote in favor of this carefully crafted com- ation packages consisting primarily of huge fort to help students and families pay for col- promise. tax cuts that increased the deficit. In contrast, lege since the GI Bill was passed more than Rather than stand between our nation’s stu- this reconciliation bill is better than budget- fifty years ago. This is no ordinary gift. This is dents and their ability to access much needed neutral; over fiscal years 2007 through 2012, real money we are providing for students and financial relief, I urge all members to vote in it results in budgetary savings of $752 million. families which translates into real relief. favor of the conference report on the College In addition to making a net reduction in the As we have mentioned since the beginning Cost Reduction and Access Act. deficit, this bill makes improvements in student of this process, these historic investments in Today this body is voting to do what is right loans and grants, paid for by cuts in subsidies education are being done in a fiscally respon- for students, our economy, and our nation’s to student loan lenders. It provides more than sible way. This conference report will fully future. Together we are putting the American $20 billion in new resources to make college comply with new House rules that require all Dream back within reach of every family in more affordable by lowering the cost of stu- federal spending to meet tough pay-as-you-go this country. dent loans or by increasing the grant avail- budget rules. Madam Speaker, I now yield such able. For example, by 2012 the bill increases Additionally, the conference report will set time as he may consume to the gen- the maximum Pell grant to $5,400, a 33 per- aside $750 million in budget deficit reduction, tleman from South Carolina (Mr. cent increase over what the maximum grant demonstrating that with smart policy, we can SPRATT), the chairman of the Budget was when the 110th Congress was sworn in. be fiscally responsible and be responsive to Committee. The bill also cuts by 50 percent the interest the concerns of the American people. This Mr. SPRATT. Madam Speaker, I rise rate that students pay on subsidized student conference agreement significantly increases in strong support of the conference loans. the Pell Grant scholarship over the next five agreement on H.R. 2669. I am proud to To offset the cost of these student benefits, years to a maximum of $5,400. This invest- say that this is a reconciliation bill the bill reduces subsidies that the government ment—almost double the investment in the which originated with the budget reso- pays to banks. These reductions are similar to House bill, and the largest increase in the lution for fiscal year 2008. those in H.R. 5, which passed the House in scholarship’s history—will greatly restore the This is also a happy occasion where January by a bipartisan vote of 356–71, and to purchasing power of the scholarship for stu- good policy for education is also good the subsidy cuts in the President’s 2008 budg- dents with the most financial need, meet the for the budget’s bottom line. This bill et proposal. President’s 2008 budget request, and also ad- will reduce the budget deficit. That’s I commend the committee, and its able dress concerns raised by Mr. MCKEON during right, it will reduce the budget deficit chairman, Mr. MILLER, for moving this bill step House consideration of this measure. over 5 years by $750 million at the same by step from January to September, passing it This agreement also: Cuts interest rates in time that it invests in human capital in the House and conferencing it. I hope that half for need-based student loans from 6.8% and makes colleges more affordable for this bill will pass handily in both bodies, and to 3.4% over 4 years. When fully phased in it millions of students. I hope that the President will take note, and will save the typical student $4,400 over the I am proud to see this outcome, sign this bill into law immediately. life of the loan. This measure was overwhelm- proud to have gotten the ball rolling in Mr. GEORGE MILLER of California. ingly supported by this body in January; the Budget Committee to start the Madam Speaker, I reserve the balance makes new investments in Historically Black process, and I commend the chairman of my time.

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.030 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10261 Mr. MCKEON. Madam Speaker, I provides short-term funding. Every sin- istration for their role in this process. yield myself such time as I may con- gle person in this room knows that The fiscal year 2008 budget request pro- sume, and I rise in opposition to this once created, an entitlement will not posed excessive cuts to the student conference report which is the product die. That means in 5 years we will be loan programs, cuts that I believe may of both a flawed policy and a flawed forced to make additional cuts to fund ultimately destabilize the largest process. these new entitlements. source of Federal financial assistance. The conference report was made And when the bill left this House, the b 1130 available to Republicans for the first administration promised to veto the time less than 24 hours before it Second, the conference report in- bill if some of these egregious meas- reached the Rules Committee. Unfortu- cludes the misguided plan to tempo- ures were left in the bill. They are still nately, that was just the latest in a se- rarily reduce interest rates. What once there, and I now understand the Presi- ries of disappointments we have en- was a campaign promise has become a dent will sign the bill. dured throughout the process. But per- trap that will ensnare either students This conference agreement makes a haps my greatest disappointment is the or taxpayers, and possibly both. The significant investment in the Pell sinking reality that this conference plan would temporarily phase down in- Grant Program. For that, I’m appre- agreement could have done more to terest rates over the next 4 years, and ciative. I only wish it had done more. I help low-income students gain access just as soon as the rate gets down to wish that we could have seized upon to college. Instead, I fear we have half the level it is today, as Democrats the opportunity, worked together in a squandered a tremendous opportunity. promised during the campaign, it will bipartisan fashion, and produced a con- College Cost Reduction, the name of jump back to its current level. The ference report that lived up to its this act, really is not a part of this bill. choice then becomes whether we break name. It is a huge spending bill. There is one the promise to students and allow the Madam Speaker, I am deeply dis- element of this conference report wor- rates to rise or break the promise to appointed in the conference report we thy of praise, and I would like to begin taxpayers that this legislation is paid are considering and the process that there. for and stick them with an additional was used to get here, and so I must op- This conference agreement will in- 20 to $30 billion to pay for those cuts pose final passage. vest approximately $11 billion in Pell over the next 5 years. Madam Speaker, I reserve the bal- Grants, which I believe are the single The third consequence of this pro- ance of my time. most effective tool to help open the posal, which I believe the majority has Mr. GEORGE MILLER of California. doors of higher education to low-in- not considered, is the undue burden Madam Speaker, I yield 11⁄4 minutes to come students. that will be caused by its hasty imple- the gentleman from Illinois (Mr. EMAN- The gentleman from Florida (Mr. mentation. The conference report pre- UEL) who has worked very hard on this KELLER), the senior Republican of the sumes that complex technological and legislation. Thank you for that. Subcommittee on Higher Education, service changes will be implemented in Mr. EMANUEL. Madam Speaker, I’d Lifelong Learning and Competitive- a matter of weeks. It seems almost in- like to thank my colleague from Cali- ness, deserves great credit for the Pell evitable that this unrealistic timeline fornia for his leadership on this legisla- Grant increases that have been pro- will create chaos within these pro- tion. We will pass this legislation, and now the President’s agreed to sign the vided over the last several years. Mr. grams for students, program partici- most aggressive college student aid KELLER is a champion for the Pell pants and the Department of Edu- package since the GI bill 60 years ago. Grant program, having founded the cation. In an era where you earn what you Congressional Pell Grant Caucus to ad- And, finally, let me be perfectly learn, this bill will ensure that more vocate for this critical program. The clear. I have absolutely no confidence Americans have access to a college recipient of a Pell Grant himself, Mr. in the Department of Education’s abil- KELLER has shined a spotlight on the education. ity to implement the changes outlined importance of targeting the Federal in- Today, the average student grad- in this conference report, particularly vestment in higher education to serve uating from college graduates with with the timeline it sets. It gives me low-income students. $19,000 of debt. So, on graduation day, If I had been in the room when this no pleasure to point out this obvious you get a diploma on one side and you agreement was reached, I would have fact, particularly in a Republican ad- get a $19,000 bill on the other side. This preferred to invest even more in Pell ministration, but it’s true, and sadly, legislation will ensure that more and Grants. In fact, I advocated a straight- we will all be watching this failure more Americans have the access to a forward approach to reform that would play out in the weeks, months and college education. Not one of us would have saved billions of dollars by mak- years ahead. be here if it wasn’t for the fact that we ing the student loan program more effi- There’s another issue that bears had had access to a college education cient and plowed those resources di- mentioning, and it’s what this con- and the ability to make something of rectly into Pell Grants. It is an ap- ference report unfortunately does not ourselves. proach that I continue to believe would do. Despite its lofty name, this legisla- This will ensure that middle-class have received strong bipartisan support tion does nothing at all to reduce the families and their children do not suf- in both the House and the Senate. In- cost of college. It didn’t have to be this fer under the burden of the cost of ris- stead, the Democrats opted to jeop- way. In fact, the bill that passed the ing costs of a college education. ardize the stability of the Federal Fi- House contained provisions that I I remember when I was running for nancial Education Loan program by championed to make college cost in- office and I met a family in , Il- imposing excessive cuts, created an un- creases more transparent to students linois. He was a police officer for 11 necessary complex and cumbersome and parents. These commonsense re- years. His wife was a teacher in a paro- auction scheme that will deny parents forms were stripped away, leaving con- chial school. They had two kids in high a choice of loan providers, imposed an sumers with nothing. school, and they looked at me on their impossible timeline for implementa- The majority will tell you these col- doorstep, and they had to make a deci- tion that sets students up for confusion lege cost provisions were removed be- sion: a third job among them, a second and program participants up for fail- cause they did not meet the stringent mortgage on their home, or burdening ure, and created massive new entitle- rules applied to a budget reconciliation their children with $19,000 of additional ment programs. package. That may well be true. If so, debt. I harbor serious concerns about this I consider it further proof that by abus- This legislation ensures they are conference report when it is simply ing the reconciliation process we both good parents and their children taken at face value. Unfortunately, I missed key opportunities to help stu- have access to a great college edu- fear that when we consider the long- dents. cation. term ramifications, these concerns While this conference agreement is And I again want to compliment the grow much more serious. unmistakably a product of the Demo- leadership from my colleague Con- First, the conference report creates cratic Congress, I cannot help but ex- gressman MILLER for producing this new entitlement programs, but only press my disappointment in the admin- legislation in such a speedy time.

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.032 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10262 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Mr. MCKEON. Madam Speaker, I am of money. I would have to live at home for their hard work and leadership in happy to yield 31⁄2 minutes to the gen- and go undergraduate. I got a great crafting the College Cost Reduction tleman from Indiana, a member of the education at Indiana Purdue Univer- and Access Act. It has been my privi- committee, Mr. SOUDER. sity in Fort Wayne, and then went to lege to work on this legislation. Mr. SOUDER. Madam Speaker, I the University of Notre Dame. My fa- This conference report has already thank the distinguished ranking mem- ther would have had no incentive under been passed in the Senate, and I’m very ber, and I stand up in opposition to this this bill to do so because in furniture happy about that. I urge my colleagues bill, not because I don’t want to con- retailing, followed by being a congres- to support this conference report. trol tuition costs. This bill doesn’t con- sional staffer, I did not make enough Mr. Speaker, I strongly urge all of my col- trol tuition costs. This is a funda- money that I could have repaid my leagues on both sides of the aisle to support mental disagreement about the direc- loan to Notre Dame or my under- this conference report. H.R. 2669, the College tion of our government. graduate loan, and I would have had Cost Reduction and Access Act, represents Do we believe in markets or do we be- that loan excused at 25 years. I would the largest investment in college access since lieve in the Federal Government? This have never paid, probably based on my the GI bill. Over the next 5 years, we will in- is a remnant of the battle where we salary, based on inflation adjustment, crease our federal support for higher edu- moved from direct lending over to free- not a dime on the principal. There cation by $20 billion. This is a once in a gen- market lending, that this bill, in fact, would have been no market manage- eration opportunity. does nothing to control costs. Inevi- ment on my dad to save the money or I can still remember when, college was not tably it will lead to the government on me. even in the realm of possibility for people who taking over in direct lending and gov- This bill, by undermining both the came from communities like mine. That was ernment having to try to fix costs of lending premise of the private sector until the GI bill opened our college campuses lending and then to fix the tuition and the personal responsibility of par- to our returning veterans—rich, poor, black, costs, because there’s nothing in here ents and students to balance this, is a Hispanic—they all had a shot at the American that balances tuition costs. purist government takeover of a Dream of a college education. Our nation be- Previously, students and parents, if project that will not reduce the cost of came smarter, stronger and richer as a result they had to factor in rising tuition student loans but will expand the of this egalitarian investment in education. costs and they couldn’t get affordable power of government and the ineffi- Today, the pay off for investing in education loans, the pressure of the market ciencies of government and ultimately is even greater and the stakes are higher. The would come on universities and col- damage students of America. College Cost Reduction and Access Act will leges and alternative forums, and the No matter how good and tempting it open the doors of higher education to a new market would respond, but this bill re- sounds, no matter what the campaign generation of students. This is our moment to leases the market pressure. commercials sound like, it is a terrible, take a stand for our future competitiveness Furthermore, in this bill there are terrible bill. and prosperity. Investment in ‘‘Pell Grants’’ is other things that, instead of putting Mr. GEORGE MILLER of California. increased significantly! The College Cost Re- the money for those students who are Madam Speaker, I yield 11⁄2 minutes to duction and Access Act is a strategic package highest risk and have the least income the gentleman from Texas (Mr. of investments to expand higher education op- in Pell Grants, we’ve expanded into the HINOJOSA), who is the subcommittee portunities. It guarantees a minimum increase middle class where the only hopeful Chair of the Higher Education Sub- of $1090 in the maximum Pell grant over the pressure for tuition costs would come committee and who has just been so in- next 5 years—reversing the last five years of from. Students who could achieve aca- strumental in the success of this legis- stagnant funding. demic scholarship in most universities lation. It supports college success for first-genera- can get into the highest universities if (Mr. HINOJOSA asked and was given tion, low-income students by dedicating addi- they can achieve the scholarship level. permission to revise and extend his re- tional resources to Upward Bound and College Let’s look at this debate where it real- marks.) Access Challenge grants. It invests in our pub- ly is. It’s in the middle class. It’s about Mr. HINOJOSA. Madam Speaker, I lic servants and in our teachers. does the private sector manage loans strongly urge all of my colleagues on I am particularly proud of our work to better than the public sector and how both sides of the aisle to support this strengthen the institutions that are the gate- does that triangle work with the uni- conference report. ways of access to higher education for minor- versities. Today, the payoff for investing in ity students. Through this legislation, we will For example, under private sector education is even greater and the increase funding over several years by $510 lending, bad debts have gone down. stakes are higher. The College Cost Re- million dollars in HSIs, HBCUs, tribal colleges; Why? Because you get financial coun- duction and Access Act will open the Native Hawaiian Institutions, and newly des- seling. There’s a private sector incen- doors of higher ed to a new generation ignated predominantly Black Institutions; and tive to make a profit that results in of students. This is our moment to Institutions serving Asian Americans. counseling of saying, will your degree take a stand for our future competi- Some on the other side will say that we are match up your ability to repay or we tiveness and prosperity. Investment in investing in institutions at the expense of stu- won’t give you the loan. They also put Pell Grants is increased significantly. dents. This argument reflects a fundamental the pressure on the institutions, even It supports college success for first lack of understanding of the communities that with a small portion of the student generation, low-income students by will fuel the growth in our workforce and the loan being actual private sector. dedicating additional resources to Up- need to develop their capacity to provide high- But there’s a provision in this bill, ward Bound and College Access Chal- er education opportunities. and I don’t use this in a pejorative lenge grants. It invests in our public The 2007 Condition of Education reports term, I use it in actual dictionary servants and in our teachers. that 42 percent of our public school children term, is the most socialist provision I am particularly proud of our work are racial or ethnic minorities—one in five is that I have seen in a bill, and it’s the to strengthen the institutions that are Hispanic. HSIs, HBCUs, and other minority- income-based repayment plan. It says the gateway of access to higher ed for serving institutions are only going to grow in that you only take 15 percent of your minority students. their importance for ensuring that our nation discretionary income to repay the in- Through this legislation, we will in- continues to have enough college graduates terest, which then gets capitalized into crease funding over several years by to fill the jobs in our knowledge-based econ- the capital. Let me use my own per- $510 million in HSIs, HBCUs, tribal col- omy. They are a worthy investment. sonal example. leges, Native Hawaiian institutions and I commend Chairman MILLER, Senator KEN- My father, we came from a nice mid- newly designated predominantly black NEDY and all of my House colleagues on the dle-class family but middle class at institutions, as well as institutions Education and Labor Committee for their hard best, in retailing. My dad told me he serving Asian Americans. work and leadership in crafting the ‘‘College would either pay my way through grad I commend Chairman MILLER, Sen- Cost Reduction and Access Act’’. It has been school or undergrad. If I wanted to go ator KENNEDY and all my House col- my privilege to work on this legislation. This to grad school, the college of my leagues on both sides of the aisle on conference report has already passed in the choice, he had saved a certain amount the Education and Labor Committee Senate!

VerDate Aug 31 2005 01:00 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K07SE7.036 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10263 I urge my colleagues to support this con- quickly conclude there’s nothing in sumes more than half the entire Fed- ference report. there for them. After hours and hours eral budget. It is also fact that if left Mr. MCKEON. Madam Speaker, I am of putting their tax returns forward, on autopilot, by 2030 that automatic happy to yield 2 minutes to the gen- filling out forms, there’s nothing in the spending will consume the entire Fed- tleman from Michigan (Mr. HOEKSTRA). financial aid laws for middle-class peo- eral budget. Mr. HOEKSTRA. Madam Speaker, I ple. That’s the way people feel. Without true spending reform, enti- thank my colleague for yielding. This bill changes that. For the first tlements will crowd out all other I come to the floor today opposed to time in a long time, there is aid to spending. This bill, H.R. 2669, makes a this bill. This budget reconciliation middle-class students under this bill, major mistake of magnifying the prob- conference report before us today cre- and here’s the way it works. lem by adding new entitlement monies. In fact, the conference agreement ates five new entitlement programs b 1145 and abuses the protection of the rec- dedicates $1.17 billion to new auto- onciliation procedures. When your son or daughter borrows matic spending programs. At a time of A number of programs that were a money, and we wish there were less run-away spending, the Democratic part of discretionary spending, that de- borrowing and more scholarships, but majority is intent on creating these pended as to whether the money was the reality is, given the fiscal con- massive new spending programs in- available in the budget or not and straints we have, there is going to be stead of dedicating the savings to def- whether we had the money available to borrowing. When your son or daughter icit reduction. Such an approach con- borrows money, their repayment of fund those programs, determined ex- tinues us down the path to fiscal irre- that loan will rise as their income actly how much money would be spent sponsibility. does. So when they are new, they have on those programs, but now they will Now, all of that might be okay if, if their first apartment, their first car be moved into entitlement status. the changes offered would truly help payment, other issues in their life, More money, rather than going students, but they don’t. The Demo- their payments will be low. But as through a process where we review the crats have decided to favor a Wash- their incomes rise, their payments will spending every year, is on automatic ington-run bureaucrat student-lending rise to pay their loans back. system rather than a flexible, respon- pilot. And sure, the bill says that these This is a loan repayment program programs will sunset, but those of us sive free market alternative. This bill that works the way life does. You start cuts over $22 billion in the Federal that have been here for a while know out with a low income and a lot of obli- that entitlement programs never sun- Family Education Loan program. The gations, and hopefully your income only conceivable reason to do that is to set. They just grow larger and larger grows. When it does, your payments do; and larger. And the Federal Govern- paralyze it and put it at a disadvantage but if it doesn’t, then your payments to the direct government loan program ment and this Congress loses control stay reasonable. over that spending. or Washington-run program. This is the way life works. This is the This is unfortunate because that Fed- The discussion about the student way the student loan program ought to loan interest, cutting it in half, it goes eral Family Education Loan program work, and I commend the chairman for has proven to be far more successful, down and scales down over a period of his leadership in making this happen 4 or 5 years and in the 5th year it does a better job of providing student and urge a ‘‘yes’’ vote for this bill. loans. This is reflected in the fact that comes back to its full amount. Why? Mr. MCKEON. Madam Speaker, I Because we can’t afford it or the other for nearly every government loan, yield 3 minutes to the gentleman from there are four loans by the Federal side hasn’t been able to find the 20 to Georgia (Mr. PRICE), a member of the $30 billion that’s estimated would actu- Family Education Loan. committee. In the end, Democrats want to crip- ally be necessary to continue this pro- Mr. PRICE of Georgia. I thank my ple this program because they favor a gram in the past. Will they find it in good friend from California for his centralized governmental approach to the future? Probably. It will be called wonderful and diligent work in this this Nation’s challenges. All these deficit spending. area, an area that we ought to have drastic cuts do is put at risk the need This bill is a massive attack on the had a bipartisan bill. for students and the access that they private sector. There are significant in- Madam Speaker, this bill is inter- will have to a college education over creases in new Federal mandatory esting and a curious work product of time. spending. It grows government one this House, one that I believe will be For these reasons, I strongly urge my more time. It puts the Federal Govern- troubling to the Nation. What the colleagues to oppose the bill on the ment in control of more parts of the Democrat majority has done is brought floor. education sector, the education proc- together the ingredients in a huge rec- Mr. GEORGE MILLER of California. ess, squeezing out the private sector, ipe for bad policy. Madam Speaker, I reserve the balance squeezing out parents and inserting big So far, the new majority has kept the of my time. brother and big government in the Republicans out of the process. Not a Mr. MCKEON. Madam Speaker, I process. single House Republican, not one, was yield 1 minute to the Republican lead- But under this administration, when involved in the conference committee er, former chairman of the Education it comes to education, why am I not report or signed it. They have manipu- and Workforce Committee, the gen- surprised that we’re talking about lated the recommendations of the ad- tleman from Ohio (Mr. BOEHNER). more government and less parental in- ministration to serve their ulterior Mr. BOEHNER. I thank my colleague volvement? motives, and they have disregarded for yielding. Mr. GEORGE MILLER of California. input from key stakeholders and stu- Madam Speaker, I express my dis- Madam Speaker, I yield 11⁄2 minutes to dents and parents across this Nation. appointment in having to oppose the the gentleman from New Jersey (Mr. As a result of this recipe, the Con- gentleman’s bill. ANDREWS). gress has a final product that distorts I know Members on both sides of the (Mr. ANDREWS asked and was given the reconciliation and puts at risk ex- aisle have worked hard over the last permission to revise and extend his re- panding college access for students few years, including efforts on my own marks.) over the long term. behalf when I was chairman of the Edu- Mr. ANDREWS. Madam Speaker, I We predicted, during the debate of cation and Workforce Committee, to thank and congratulate my chairman the budget resolution, that the ‘‘sav- help make college more affordable for and friend for this excellent piece of ings,’’ ‘‘savings’’ in the reconciliation more of America’s students. work. process were a fig leaf. Today the Most of us wouldn’t be here had it When middle-class people, when po- House is debating a bill which spends not been for a chance at a decent edu- lice officers and real estate agents and nearly $22 billion more in new entitle- cation and a college education to allow computer programmers sit down to fill ment spending just to get $750 million us the opportunity to be all that we out the forms at the kitchen table and in savings. That’s fuzzy math. can be here in America. apply for financial aid, they end the Fact, entitlement growth, automatic I think all of us agree that we want process very frustrated because they spending is unsustainable and con- these opportunities for all students.

VerDate Aug 31 2005 01:21 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.024 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10264 CONGRESSIONAL RECORD — HOUSE September 7, 2007 That’s why 18 months ago, when we I would ask my colleagues, these are It would have been far better for us passed the Deficit Reduction Act, we the hard decisions, well-meaning bill, to do the program that the ranking fundamentally reformed the college well meaning, well intentioned, but, member was always talking about, en- loan system and saved some $16 billion. long term, I think it’s a real mistake couraging and expanding Pell Grants. In that same bill we offered benefits for students and taxpayers here in That would do more to help kids than for students, low-income students who America. all the other restructuring we are would enter into an agreement to Mr. GEORGE MILLER of California. doing in this particular reconciliation study math and science at 4-year insti- Madam Speaker, I reserve the balance bill. tutions. I thought this was a sound bill, of my time. For those reasons, because it does and we made sound efforts. Mr. MCKEON. Madam Speaker, I hurt kids in my State, I have to oppose When I look at the bill before us, yield 3 minutes to the gentleman from the reconciliation bill. there are a number of concerns that I Utah, a member of the committee, Mr. Mr. GEORGE MILLER of California. have. First is that the cuts to the pri- BISHOP. Mr. Speaker, I reserve the balance of vate sector loan program that are in- Mr. BISHOP of Utah. I thank the my time. volved in this bill, I think, will cripple ranking member from California. Mr. MCKEON. I yield 3 minutes to the private sector loan program. Madam Speaker, I stand, I guess, to the gentleman from Wisconsin (Mr. When you look at what the private oppose the reconciliation bill that RYAN), the ranking member on the sector has brought to students and doesn’t reconcile much. In this par- Budget Committee. their parents across the country, they ticular bill, it encourages direct loan Mr. RYAN of Wisconsin. I thank the have brought a lot of innovation. They programs, programs that are paid for gentleman for yielding. have brought new ideas, new tech- and controlled by the Federal Govern- Madam Speaker, I rise in opposition niques to help more students and their ment, and whether intentionally or to this bill, and I choose my words families be able to afford a college edu- not, a tax to discourage programs like carefully when I say this, but this bill cation. FFEL, which are public-private part- really, in my opinion, is a cynical at- To cripple that, in my view, is an ef- nerships where the government actu- tempt to make a campaign promise fort to drive more of those families and ally provides funds, but they are not good. When I say that, I mean it’s students to the direct loan program, administered by the government. three things: number one, in the guise this government-run program that, in In a clumsy way of verbiage, by of budget reconciliation, the reason my view, is misguided. I didn’t support lumping not-for-profit programs, and this bill is here so quickly to the floor, it, as my friend from California well not-for-profit program lenders in the through conference so fast, out of the knows, didn’t support it when it hap- same category as for-profit lenders, it other body is they brought it to the pened some 16 years ago. creates an unintended consequence As we look at the direct loan pro- floor through budget reconciliation. that does harm to college students in gram, it looked like a government-run What is budget reconciliation? It’s a my State. program, with very few benefits for way of reducing the deficit, $752 mil- My State has a higher education au- students and, clearly, not very cost-ef- lion of savings for over $20 billion of thority program. It’s a not-for-profit- fective as well. That’s my first con- spending. That’s a cynical attempt to program administered by the State cern. exploit the budget deficit reduction My second concern is that we all that provides students who have loans process to create a brand-new govern- around here, over the 17 years that I under this program with deductions. ment program and an avalanche of new 1 have been here, pledged fiscal responsi- It’s 1 ⁄4 percent automatic deduction if spending. bility. We have got to be careful about you have an automatic payment pro- Why else is it cynical? It cuts stu- how we spend the taxpayers’ funds. gram. It’s a 2 percent deduction on the dent rates in half for 6 months, and When we look at the bill before us, rate after 48 consecutive payments then it doubles it 6 months later to try we create five new entitlement pro- have been on time, which means for a and shoehorn this bill into compliance grams. These are the programs that get kid on this program on a standard with the majority’s PAYGO. To try and put on automatic pilot. While they $15,000 Stafford loan, he could actually say that they are paying for this bill, may be paid for here in the first 4 or 5 save $2,000 over the cost of that loan they give students, graduates, not stu- years, some of the provisions in this and over what would happen in a direct dents, graduates a cut in their interest bill will cost 10 to $20 billion over the pay program. Perhaps I am a little bit rates for 6 months in half and then dou- next 10 years that’s not paid for. That’s sensitive to this because I still have ble it 6 months later. according to the CBO. four kids in college, and I know what It also, cynically, creates five new While we pledge fiscal responsibility, the expense of college actually means. entitlement programs. What are enti- at the end of the day, we have to stand In this reconciliation bill, by tlement programs? Entitlement pro- up and do it. You know, the American lumping the not-for-profit programs grams are spending programs that go people send us here to make decisions with profit programs, the margins that on autopilot. It has sunsets in these on their behalf, and fiscal decisions on they have in these not-for-profit pro- programs, but the most permanent their behalf. grams are so small that these deduc- thing in Washington is a temporary We ought to make those real deci- tions will no longer be available, if, in- government program, especially a tem- sions. But when you look at the real deed, the program can survive by itself. porary entitlement program. long-term cost of this program, I think It will force students in my State ei- b 1200 it’s not paid for, it’s fiscally irrespon- ther to pay the full government rate sible. At a time when we are trying to without any deductions or go to the Take all this together, and assume balance the Federal budget, this is a full rate of a for-profit lender. that Congress, down the road, will not step in the wrong direction. I know the intention of this bill is eliminate these five new entitlement I applaud my colleague from Cali- not to hurt kids. The intention of this programs once they’ve been estab- fornia, the chairman of the committee bill is perhaps to rid FFEL programs; lished. Assume they won’t just cut in- and my friend. We have worked to- but in so doing, it actually does, in terest rates for graduates for only 6 gether for a long time on these issues. fact, hurt real kids who have programs months, but for longer, and you’ve got I applaud him for his tenacity in put- right now or who may be having pro- another 20 to $30 billion of spending out ting this bill together. grams in the future. the door. There is no surprise to him nor me Oftentimes when we fiddle around And lastly, Madam Speaker, this that we would disagree about the bene- education, we have unintended con- takes from the private sector and gives fits of this bill. He sees his glass as half sequences; but our actions here, be- to the government. This puts onto the full; I see it as half empty. I really see cause it is at such a gross level, have taxpayers’ liability these liabilities. it empty when it comes to the issue of unintended consequences of hurting This says, instead of private firms that being fiscally responsible and standing real live people. This bill does that. are out there processing loans right up to do the right things that the Not intentionally, but it still does now that worked really well, my stu- American people sent us here to do. that. dent loans came from these sources,

VerDate Aug 31 2005 01:21 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.040 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10265 this says, no, we want the taxpayer to maximum award is now going to go have, to be operating these programs. bear the burden. We want the taxpayer from $4,310 to $5,400, phased in over We have absolutely no accountability to be on the hook for these loans if time. in the programs that we are passing they default. Whatever one may think of the rest here, and we need to be doing that. Look, we have problems with loans of the provisions, pro or con, I have to The American people want signifi- all over. We have this meltdown in the tell you that is an outstanding provi- cant and strong education, but they do mortgage markets with sub-prime sion in terms of a Pell Grant increase. not want to see us wasting money like loans, and we’re saying, now, in Con- Now, some of my Republican col- we’re wasting here. This is called the gress, let’s put more liability on the leagues may say that we’re investing College Cost Reduction Act. It does ab- taxpayer books? If it ain’t broken, several billion dollars in Pell Grants solutely nothing to reduce the cost of don’t fix it. We have a system that and is that a wise use of money. I can going to college. But it starts out a works well. We have a system that tell you that these Pell Grant increases long list of complex new entitlement helps students. pay for themselves. The nonpartisan programs, and my colleagues have spo- This bill does nothing to address the Advisory Committee on Student Finan- ken very, very eloquently about that. high cost of tuition. It cynically at- cial Assistance said that by investing We still are going to have college stu- tempts to make it appear as though it $13 billion in Pell Grants, it helps yield dents stuck with college costs that are makes borrowing a little less expensive up to $85 billion in additional tax rev- going up every week because the Fed- for people after they graduate, and enue. The reason is the average college eral Government is involved. We’re then it doubles the interest rate 6 graduate makes 75 percent more than doing nothing to help the Federal months later. the average high school graduate. So Work-Study Program, which has been For all of those reasons, Madam it’s good for the treasury. It’s good for one of the most successful programs Speaker, the abuse of the budget rec- our young people, and it’s good for em- that the Federal Government has ever onciliation process, the increase of tax- ployment rates in this country. gotten into. payer liability, and the creation, irre- I want to congratulate and thank I can’t support a bill that raises the sponsibly, of five new entitlement pro- Congressman MILLER, Congressman cost of going to college instead of low- grams, when three current entitlement HINOJOSA and Congressman MCKEON for ering the cost of going to college. This programs right now are bringing us all their work in substantially increas- is going to make it even more com- into a mountain of debt, a mountain, a ing Pell Grants. Those provisions make plicated to do financial aid regulations, legacy of debt to our children and it much easier for young people to be even though we’re reducing the size of grandchildren, the last thing we ought able to go to college. the form. What we need is a workable to do is create five new entitlement Mr. MCKEON. May I inquire as to the Federal financial aid system that helps programs. time remaining. students get a high quality education. For all those reasons, I urge a ‘‘no’’ The SPEAKER pro tempore. The gen- But this bill falls far short of that vote, Madam Speaker. tleman has 5 minutes remaining. Mr. standard by shifting Federal money to Mr. MCKEON. Madam Speaker, I am MILLER has 233⁄4 minutes remaining. the institutions and to loan relief for happy now to yield 3 minutes to the Mr. MCKEON. Is there any way we college grads. gentleman from Florida (Mr. KELLER), could prevail upon the chairman to Mr. MCKEON. Madam Speaker, I’m the subcommittee ranking member on give us 1 or 2 of his 231⁄2 minutes? happy to yield 1 minute to the gen- the higher education portion of the Mr. GEORGE MILLER of California. tleman from Georgia (Mr. WESTMORE- Education Committee. I’m under very strict guidelines here LAND). Mr. KELLER of Florida. Madam from the leadership. Mr. WESTMORELAND. Madam Speaker, I’m going to limit my com- Mr. MCKEON. Just 2 minutes? Could Speaker, Mr. RYAN from Wisconsin said ments to the Pell Grant portion of this we ask unanimous consent that we all the relevant fiscal things that I legislation. each get 2 extra minutes? I would love wanted to say, so I want to say this. I’m honored to serve as the ranking to hear you for 25. This is more smoke and mirrors. This member on the Higher Education Sub- Mr. GEORGE MILLER of California. has been a smoke-and-mirrors Con- committee. I used to be the chairman I’m not going to use my time, but I’m gress, and this is more smoke and mir- of this committee before the change in under very strict confines here with rors because it is an illusion that we’re Congress, but I still have the honor of my leadership. I’ve asked members of trying to sell to the American people. serving as the chairman and founder of my committee not to speak, so I can’t But they’ve done a good job because the Pell Grant Caucus. be yielding time when I didn’t give it evidently they have sold this to the ad- Pell Grants are money we give to to the members of my committee. I’m ministration. children from low- and moderate-in- sorry. I don’t want to be put in that po- And I want to say, Madam Speaker, I come families to help them go to col- sition. am totally disappointed in the admin- lege. I, myself, would not have been Mr. MCKEON. Madam Speaker, I’m istration that they have bought this able to go to college if it wasn’t for happy now to yield 2 minutes to the bill of goods. This is nothing but a Pell Grants. Pell Grants are truly the gentlelady from North Carolina (Ms. sham. passport out of poverty for many wor- FOXX), a member of the committee. I’m from the State of Georgia where thy young people. Ms. FOXX. Madam Speaker, this bill we instituted the HOPE Scholarship We believe, in a bipartisan manner, does absolutely nothing to improve ac- Program, which worked out great for that all children, rich or poor, deserve cess to a college education. It’s a sham. students. But what ended up happening the opportunity to go to college It’s another move toward socialism and is the colleges continued to go up on through Pell Grants. When this College taking away personal responsibility in their tuition, costing the taxpayers Cost Reduction Act was initially pre- our country. more and more money because it was sented in the House, I felt that it spent I probably have the most experience not a competitive market anymore. too much money on new entitlement in this area of anybody in Congress. I That’s what we’re fixing to get into programs and too little on Pell Grants. worked my way through college, colleges and universities all across this For example, it had an increase of $5.8 through an undergraduate and doctoral country. And taking the private indus- billion. I was honored to serve on the programs without any loans whatso- try out of this, making them respon- conference committee. I made those ever. It can be done. It is not necessary sible for the loans is going to put the comments during our conference com- for people to borrow $19,000 a year to go taxpayers on the hook. It’s going to be mittee. And the conference committee to college or come out with that kind a great disaster. And again, I want the decided to increase the Pell Grant of a debt. administration to know, Madam funding from $5.8 billion to $11.4 bil- I’ve served in the field of education. Speaker, how disappointed I am. lion, doubling what was in the original I’ve been a school board member, high- Mr. MCKEON. Madam Speaker, House bill. er education administration. I’ve di- we’ve, I think, heard some very good What does that mean for young peo- rected Upward Bound special services things about this bill. I’ve been on this ple going to college? That means the programs, and I know what it’s like to committee now for 15 years since I

VerDate Aug 31 2005 01:21 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.042 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10266 CONGRESSIONAL RECORD — HOUSE September 7, 2007 came to Congress. I’ve had great con- help and their staffs’ work with us to students. One of the very great mo- cerns about people that are not able to have a successful conference and a con- ments in a parent’s life is when a stu- go to college. We’ve seen statistics that ference report on this act. dent gets accepted into college, the show that 48 percent of young people And I’d like to thank the Education students announce they want to go to from lower-income families are not and Labor Committee staff, Mark college, and then you immediately able to attend college because of the Zuckerman, Alex Nock, Stephanie start to think about how we are going cost of college. I have introduced legis- Moore, Denise Forte, Gaby Gomez, to pay for this. lation. I’ve done what I could to try to Julie Radocchia, Jeff Appel, Rachel This legislation will make it a lot reduce the cost of college. Racusen, Lisette Partelow, Lamont easier for a lot of parents and a lot of This bill is called the Cost Reduction Ivey, Sarah Dyson, Ricardo Martinez students who desperately need this Act. It does nothing to reduce the cost and Moira Lenehan of Representative help. of college. It gives money to schools, HINOJOSA’s staff. I ask all of my colleagues to support which we haven’t done in the past. This work could not have happened the conference report and let’s join this We’ve given the money to individual without the long hours put in by a very bipartisan coalition and help America’s students and let them pick the school diligent, committed legislative coun- families and students. I thank every- that they’ve gone to. It does increase sel, and I want to thank Steve Cope body for their cooperation. the money to Pell Grants, and I appre- and Molly Lothamer. Mr. LANGEVIN. Mr. Speaker, I am pleased ciate that. Given that we must balance our num- to rise in support of H.R. 2669. Since my ar- During the time that I was Chair of bers, we appreciate the significance of rival in Congress, I have worked to support ini- the Higher Education Subcommittee work provided by the staff at the Con- tiatives that would expand access to higher and the time that we’ve been in the gressional Budget Office, including education for all students, regardless of dis- majority, we’ve doubled the money Paul Cullinan, Debb Kalcevic and Jus- ability, background or economic cir- going into Pell Grants, and we have a tin Humphrey. cumstances. Need-based federal student aid million and a half students, now, more The Congressional Research Service programs have leveled the playing field for so that are receiving Pell Grants than be- has been particularly supportive of our many students, yet in recent years the pur- fore. And that’s good. efforts, in particular, Adam Stoll, chasing power offered by a Pell grant has But the thing about this bill that Charmaine Mercer, David Smole, dwindled. Meanwhile, college education costs really bothers me, I guess, is the prom- Becky Skinner and Jeff Kuenzi. have soared, and more and more students ise it holds out to students that they’re I want to thank all of these individ- struggling to keep up with loan repayments never going to receive. It reminds me uals, and certainly I want to thank the have found themselves locked into high inter- of a TV contest, game contest that I’ve students who, for so many years have est rates and unable to consolidate their debt. seen in the past that showed three cur- tried to get the Congress to respond to Others have seen their dreams of higher edu- cation go unrealized, due to concerns about tains or three doors, and you tried to their needs and to the needs of their how they could possibly pay for it. pick the door that had the great prize. families if they have to borrow money Today, Congress takes a meaningful step to And my concern is that these students to go to school, to go to school and to address these issues. The College Cost Re- are going to start school with the idea achieve a higher education, to achieve duction Act, the single largest investment in that their interest is going to be cheap- the education that that provides. education since the GI bill, will cut interest er 4 years, 5 years from now when they I certainly want to thank USPIRG rates in half on subsidized student loans over graduate, and they’re going to find and the United States Student Associa- the next four years, make student debt more that it’s not. There’s a promise there tion and many others who worked so manageable for those facing economic hard- that when they open that door they’re hard over these past years. ship and increase the purchasing power of the going to find a huge tax burden. We remember just a year ago, just a Pell grant. Additionally, this bill will encourage They’re going to find huge loan bur- year ago we were here in the reconcili- and reward public service by offering loan for- dens. ation process when $11.9 billion was giveness and repayment of our most dedi- And what we should be working on in taken out of this very same account, cated military service members, nurses, early a cost reduction bill is something that but rather than to use it for the benefit childhood educators and others who take on actually addresses what we can do to of the students, that $11.9 billion went some of the most needed and challenging— lower the cost of a college education, to pay for the tax cuts to the wealthi- but not the most lucrative—professions. In the not the loan interest. What we should est people in this country. battle to improve access to affordable edu- really be trying to do is address the We took $11.39 billion out of this cation, the passage of the College Cost Re- core problem, the cost. College cost has same account and we gave that to the duction Act is a tremendous victory. been going up four times faster than Pell Grant students, to the most needy I strongly believe that the passage of this people’s ability to pay for the last 20 students in this country who need it bill into law will make America stronger. While years. We should be addressing that the most. That’s the difference that an our Nation certainly faces challenging times of problem. We should oppose this bill. election makes. That’s the difference war and economic hardships, we should take Madam Speaker, I yield back the bal- that a year makes. That’s the dif- tremendous hope and pride in the investments ance of my time. ference that a lot of hard work by the that Congress is making in the future by ex- Mr. GEORGE MILLER of California. students across this country and their panding access to higher education. I am Madam Speaker, I would like to thank families have made as they’ve asked proud to support this legislation and urge my the chairman of our subcommittee, Members of Congress to address this colleagues to vote in favor of H.R. 2669. RUBE´ N HINOJOSA, and all of the mem- issue. Mr. HARE. Mr. Speaker, as a Member of bers of the conference committee for This legislation, just earlier today, the Education and Labor Committee, I rise their valuable contributions to this passed in the Senate by an over- today in strong support of the College Cost legislation. whelming bipartisan vote of 79–12. Reduction and Access Act—the single largest I would also like to thank Chairman b 1215 investment in college financial aid since the SPRATT, who spoke earlier, for pro- 1944 GI bill. viding the reconciliation process, and It has now been stated that the Presi- Working families in Illinois and around the all of the work that their staff did to dent of the United States supports this Nation continue to struggle with the rising make sure that we complied with the legislation and will sign this legisla- costs of college. This historic investment in reconciliation process and we complied tion. higher education will begin to put a college de- with the PAYGO rules so that there I would hope that all of my col- gree back in reach for millions of average would be no new costs to this legisla- leagues on both sides of the aisle would Americans, and do so at no new cost to U.S. tion to provide these benefits to stu- understand the importance of this leg- taxpayers. dents and to their families. And I want islation, the value of this legislation to The College Cost Reduction and Access Act to thank his staff, Tom Kahn and our students and to their families as would make need-based student loans more Sarah Abernathy and Lisa Venus. we know so many of them struggle to easily accessible and provide for additional I would also like to thank Senator put together the means by which they mandatory funding for the Pell grant scholar- KENNEDY and Senator ENZI for their can pay for the college education of the ship by at least $1,090 over the next 5 years,

VerDate Aug 31 2005 01:21 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K07SE7.043 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10267 benefiting nearly 230,000 students in Illinois, the bill cuts $22.3 billion from the student loan I support the increases in Pell Grants and including over 22,000 newly eligible bene- program. Last year, President Bush signed cuts to interest rates on federally subsidized ficiaries. Illinois students and their families will into law a Republican reconciliation measure student loans provided in H.R. 2669. These receive more than $1.2 billion over 5 years in that achieved a full $12 billion in deficit reduc- provisions are the most effective way we can the form of student loans and Pell grants as tion while increasing benefits for students. help low and middle income students achieve a result of this legislation. I urge my colleagues to vote against this the dream of a college education, and I am Mr. Speaker, this bill includes a provision to agreement and encourage President Bush to pleased this bill will provide relief for those cut the interest rate on subsidized student veto this legislation if it comes to his desk. students. loans in half over the next 5 years—from 6.8 Mr. HOLT. Mr. Speaker, I rise in support of I am also pleased that the final bill includes percent to 3.4 percent, benefiting 128,765 stu- H.R. 2669 the College Cost Reduction Act. I a small but very important provision that is dent borrowers in Illinois. Once fully phased would like to thank Chairman MILLER and his similar to legislation I have introduced, the in, it would save the average 4-year college staff for this bill that will provide New Jersey FAFSA Fix for Homeless Kids Act. student, who begins school in 2011, $4,510 residents an additional $262 Million in loan The current Free Application for Federal over the life of his or her loan. and Pell grant aid. Student Aid, or FAFSA, creates insurmount- The College Cost Reduction and Access Act Once signed into law, this legislation will en- able barriers for unaccompanied homeless pays for itself by reducing excessive Federal sure that more Federal student aid money youth—youth that are homeless and alone. subsidies paid to lenders in the college loan gets to the students who need it, and in New These children do not receive financial support industry by $20 billion. In the current budget- Jersey, the need is great. Over 61,000 stu- from their parents, and many do not have ac- tight environment, the Federal Government dents in New Jersey take out need-based cess to parental financial information or a pa- should not be over-funding lenders while fami- loans for 4-year schools each year and incur rental signature required by the FAFSA. As a lies struggle to send their kids to college. an average of over $14,000 in debt. Under the result, unaccompanied homeless youth are Making college more affordable and acces- legislation, the maximum value of the Pell prevented from accessing the financial aid sible for working families is good for our econ- grant scholarship would increase by $1,090 they need because they cannot supply the in- omy, national security, and competitiveness in over the next 5 years, reaching $5,400 by formation required by the FAFSA. the world. I was proud to play a role in crafting 2012. This increase would fully restore the The FAFSA Fix for Homeless Kids Act ad- this landmark legislation from the very begin- purchasing power of the scholarship, which in dresses these barriers by allowing unaccom- ning and I am honored to vote for its passage recent years had been frozen at $4,050 until panied homeless youth to apply for federal fi- today. I urge my colleagues to join me in mak- Congress boosted its value to $4,310 earlier nancial aid without providing parental income ing college more affordable for our students this year. information or a parent signature. This will I am pleased that the committee included and urge the President to sign this bill into open the doors of higher education to some of several initiatives that I have been working on, law. our nation’s most vulnerable youth, and I am including provisions from my bill H.R. 2017, Mr. LOEBSACK. Mr. Speaker, I strongly pleased that H.R. 2669 includes the FAFSA the Part-time Student Assistance Act. We support the College Cost Reduction and Ac- Fix for Homeless Kids Act. have raised the income protection allowance cess Act of 2007. This important legislation While I am encouraged that H.R. 2669 in- in the College Cost Reduction Act so that will provide thousands of Iowa’s students and cludes these provisions, I still have serious working students can work more without hav- families with the financial support they need to concerns about a number of other provisions ing that count against their student aid. Fur- attend college by increasing the purchasing in the bill. Specifically, I oppose the mandatory ther, we were able to eliminate the earned in- spending in the bill that is directed at institu- power of the Pell grant. Next year the scholar- come tax credit from calculations so that work- tions and philanthropic organizations. It is un- ship will increase by $490 and by 2012 the ing families do not have to bear this burden. grant will reach $5,400. The bill also provides upfront grant aid for precedented to provide mandatory spending to The bill also provides upfront tuition assist- those who are becoming math, science, and these organizations. Instead of creating new ance and makes it easier for students who foreign language teachers. The bill would cre- and complicated programs, we should have pursue careers as public school teachers. In ate grants providing upfront pre-paid tuition provided additional funding to Pell Grants. I also have concerns about the viability of Iowa, 36 percent of students who attend pubic assistance of $4,000 per year with a maximum the Federal Family Education Loan Program. 4-year schools graduate with unmanageable of $16,000 for elementary or secondary school debt levels if they choose to take a teaching math and science teachers and critical foreign During the last Congress, the Education and job in the State. language teachers. Our classrooms have an the Workforce Committee made $20 billion in As a college teacher in Iowa I regularly en- increasing shortage of teachers for these vital changes to the Federal Family Education Loan countered students struggling to afford their subjects. This problem is most severe in Program by eliminating and reducing federal education, and I’m certain that this bill makes school districts were students come from dis- subsidies to lenders. Just two years later— the right investments at a critical time for our advantaged backgrounds. Without qualified certainly not long enough to evaluate the im- students. I urge my colleagues to support this teachers in these areas, we are endangering pact of those changes—we are back again bill and strongly support its passage. the competitiveness of our children in the squeezing student loan lenders. Does the Mr. WILSON of South Carolina. Mr. Speak- global economy. Democratic leadership expect lenders to con- er, I rise today in opposition to the Conference Students who take out loans or receive Pell tinue offering student loans out of the good- Report on H.R. 2669. As the father of three grants will now find it easier to finance their ness of their hearts? This program is essential college graduates and a college sophomore, I education. By investing in foreign language to the students and families in my district, and am all too familiar with the financial burden and math and science education, we’ll en- I hope that this legislation is not a back-door higher education poses on families and stu- hance both our economic and national secu- attempt to kill the Federal Family Education dents. rity. Part-time students will have an easier Loan Program. As lawmakers, our number one higher edu- time balancing the need to care for their fami- I support H.R. 2669 because of the addi- cation priority should be to ensure that college lies and improve their education. This is public tional funding provided for Pell Grants, the de- is affordable for any student. Instead of help- policy at its best—it lifts up Americans from all crease in student loan interest rates, and the ing students, the conference agreement would walks of life. hope it will give to unaccompanied homeless require student borrowers to pay thousands Mr. Speaker, this bill is an investment in our youth. However, I have serious concerns more for a college education. future. Without providing access to a college about the mandatory spending created in H.R. The conference agreement does not contain education we will not be able to compete with 2669 and the viability of the Federal Family any language to address the issue of rising nations that have already made the invest- Education Loan Program. I hope that in the fu- college costs. Instead of holding colleges and ments in providing a quality education for their ture that we can work in a more inclusive universities accountable for how they spend own children. The United States is a dominant manner to address the skyrocketing costs of taxpayer dollars, the agreement does the world economy because of our educated college without adding to the deficit that stu- exact opposite and throws additional Federal workforce. With this bill we will take a larger dents we are trying to help will eventually funds at institutions while denying new infor- step toward maintaining this edge and I ask have to repay. mation to consumers. my colleagues to support it. Mr. ETHERIDGE. Mr. Speaker, I rise in sup- The most appalling aspect of this agreement Mrs. BIGGERT. Mr. Speaker, there are a port of this important legislation to reduce the is that it achieves minimal deficit reduction. few provisions in H.R. 2669 that I believe are costs of college for low-income and middle The conference agreement only produces very important to students and parents across class families. I urge my colleagues to join me $750 million for deficit reduction, even though the country. in voting to pass it.

VerDate Aug 31 2005 01:21 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A07SE7.010 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10268 CONGRESSIONAL RECORD — HOUSE September 7, 2007 As the first member of my family to grad- low- to middle-income families. Until we take a will not only enter college, but remain and uate from college, I know firsthand that afford- real, thoughtful look at the reasons behind the graduate. About 2.3 million students attend mi- able access to higher education is the key to skyrocketing cost of a higher education, we nority-serving institutions, including 1⁄3 of all the American Dream for working families. My are simply going to continue to pass legisla- minority students who attend college. life’s work has been to improve educational tion that sounds good, but does little. This new investment is particularly critical opportunities for all because education is the Ms. JACKSON-LEE of Texas. Mr. Speaker, for African-American students and their fami- key to the future. Education levels the playing I rise today in support of the Conference Re- lies. African-American students currently com- field and empowers every individual willing to port for H.R. 2669, the Education and Labor prise about 12 percent of all undergraduate work hard the ability to make the most of his College Cost Reduction Act of 2007, the sin- students. Many institutions have helped black or her God-given talents. This legislation will gle largest investment in higher education students bridge ethnic-related economic bar- make a real difference to make college more since the GI Bill. This important legislation riers, making college education possible for affordable without raising taxes while maintain- does far more than ease the burden of student underprivileged minorities. Among Historically ing budget discipline. loans for college graduates—it will make the Black Colleges and Universities (HBCUs), Specifically, this bill will cut in half the inter- American dream possible for low- and middle- which give African American students an op- est rate on federally subsidized Stafford Loans income students, helping families pay for col- portunity to have an educational experience in over the next five years, from 6.8 percent to lege. I would like to thank Chairman MILLER a community in which they are a part of the 3.4 percent. Under this conference report, the for introducing the legislation, as well as his majority, costs are also rising. This resolution average North Carolina student starting school steadfast commitment to this important issue. would support many of these honorable insti- tutions in their righteous deeds in educatIng in 2007 will save $2,200 throughout the life of May I also thank Speaker PELOSI for her vi- the loan, and the average N.C. student start- sionary leadership in leading America in a new our underprivileged students of color. In addition, this bill encourages and rewards ing school in 2001 will save $4,270. This legis- direction. I am proud to be part of a Demo- public service. Students who pursue careers cratic majority that delivers on its promises to lation also will raise the maximum value of the as public school teachers will receive upfront the American people. Pell Grant scholarship by $1,090 by 2012. tuition assistance of $4,000 per year, to a The bill will help ensure a highly qualified Mr. Speaker, in 21st century America, a col- maximum of $16,000, providing aid to at least teacher in every classroom by providing up- lege education is a critical investment toward 21,500 undergraduate and graduate students. front tuition assistance to qualified under- individual success, as well as toward the This is particularly important, given that 23 graduate students who commit to teaching in strength of our nation. Higher education is as- percent of public college and 38 percent of pri- public schools in high-poverty communities or sociated with better health, greater wealth, vate college graduates have student loan debt high-need subject areas. It will encourage and more vibrant civic participation, as well as that is unmanageable on the starting salary of public service by providing public servants national economic competitiveness in today’s a teacher. By providing the guarantee of as- loan forgiveness after ten years of public serv- global environment. As the need for a college sistance, this bill is an important step toward ice for military servicemembers, first respond- degree has grown, however, so has the cost ensuring that there is a highly qualified teach- ers, nurses, educators, and others. Finally, of obtaining that education. The result is rising er in each of America’s classrooms. this legislation will make historic new invest- student debt. Students graduating often leave Similarly, public servants will receive com- ments in minority-serving institutions and en- school with far more than knowledge and a plete loan forgiveness after ten years of serv- courage state and philanthropic participation in degree; many face years of having their finan- ice. This will assist our driven young people college retention and financing to increase the cial lives dictated by the burden of debt. Their who want to serve their country in the military, number of first generation and low-income col- choices of careers and jobs may be severely law enforcement, or as first responders, fire- lege students. constrained by the necessity of repaying these fighters, nurses, public defenders, prosecutors, I want to congratulate Chairman MILLER for loans. and early childhood educators. It ensures that this accomplishment and thank him and his This bill strengthens the middle class by dedicated Americans will not be precluded great staff, including Gabriella Gomez, Denise making college more affordable: 6.8 million from serving their country because of a pre- Forte and Mark Zuckerman, for working with students who take out need-based federal stu- ponderance of debt. me to ensure that the bill does not unintention- dent loans each year will see the interest rates Mr. Speaker, I also support the Conference ally harm North Carolina’s nonprofit lending on their loans halved over the next four years, Report for H.R. 2669 because it will increase agency. I am pleased the President has com- saving the typical borrower (with $13,800 in the maximum Pell Grant award by $1090 over mitted to signing this bill into law, and I en- need-based loan debt) $4,400 over the life of the next five years to $5,400. It will also in- courage all my colleagues to vote for it. the loan, once fully implemented. With the re- crease eligibility by raising the income thresh- Mr. SMITH of Nebraska. Mr. Speaker, I rise cent sub-prime lending crisis and subsequent old, allowing more students from more families today to urge my colleagues to vote against economic turmoil, the United States economy to automatically qualify for grants. The Federal H.R. 2669, a bill which does not reduce the lost over 4,000 non-farm jobs in the month of Pell Grant Program prides itself on providing cost of a college education, but creates five August. More and more middle class students need-based grants to low-income under- new entitlement programs and expands the will be in need of assistance to turn their col- graduate and certain postbaccalaureate stu- reach of government programs over non-profit lege dreams into a reality. This legislation dents to promote access to postsecondary and commercial lenders. makes student loan payments more manage- education. These grants are particularly impor- The measure contains $21.5 billion in new able for borrowers by guaranteeing that bor- tant for students of color, with 45 percent of spending over five years while saving only rowers will not have to pay more than 15 per- African American and Hispanic students at $752 million for deficit reduction. The bill cuts cent of their discretionary income in loan re- four-year colleges depending on Pell grants, $22.3 billion from the Federal Family Edu- payments. It also allows borrowers in eco- compared to 23 percent of all students. Ap- cation Loan (FFEL) program, to force a shift to nomic hardship to have their loans forgiven proximately 4.5 million students currently de- the government’s direct lending program, in- after 25 years. pend on Pell Grants and ‘‘over 70 percent of creasing the government’s role. This Conference Report contains many im- Pell Grant funds go to students from families H.R. 2669 spends $7.1 billion on college portant provisions that make significant strides with incomes of $20,000 a year or less.’’ In- graduates by gradually phasing down interest toward making the dream of higher education creasing the maximum Pell Grant Award will rates from 6.8 percent to 3.4 percent over four a reality for more Americans than ever. It pro- expand racial and ethnic diversity in higher years, before allowing rates to return to the vides an increase in college aid by roughly education institutions, benefiting not only the original rate in July 2012 to recover the costs $20 billion over the next five years, with no institutions, cultural background but it will also of the new spending. additional burden on American taxpayers. By be a great learning experience for students to What we are voting on today does nothing cutting excessive federal subsidies to lenders, learn diverse cultural backgrounds different address the problem facing college bound stu- this legislation pays for itself. from their own. dents—rising college costs. Instead of holding This Conference Report contains a specific In addition, the Conferene Report for H.R. colleges and universities accountable for how commitment to minority-serving institutions. It 2669 cuts the interest rates on subsidized stu- they spend taxpayer dollars, we are doing the authorizes $510 million for Historically Black dent loans in half from 6.8 percent to 3.4 per- exact opposite. We are helping graduates, not Colleges and Universities, Hispanic-Serving cent over five years. Once fully implemented, students, and expanding the Federal govern- Institutions, Tribal Colleges, Alaska Native and this cut would save the typical borrower—with ment. Native Hawaiian institutions, and the newly about $13,800 in need-based loan debt— Budget gimmicks won’t teach our children, designated Predominantly Black Institutions. $4,400 over the life of the loan. By cutting in- and won’t make college more affordable for These funds will work to ensure that students terest rates on federal loans, Congress can

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A07SE7.014 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10269 save college graduates thousands of dollars the Pell Grant program that so many students students restructure their loan agreements if over the life of their loans. Mr. Speaker, recent rely on—the maximum value of the grant will they are having trouble meeting their loan pay- graduates, especially those of minority status grow by $1,000 to a maximum value of $5,400 ments. Also, loan origination fees for lenders with low to moderate incomes, must spend the in five years. The Pell Grant Program is so im- would be increased. All of these punitive provi- vast majority of their salaries on necessities portant that during committee consideration of sions will reduce the number of private sector such as rent, health care, and food. For bor- H.R. 2669, I offered an amendment to boost student loan firms thus reducing student loan rowers struggling to cover basic costs, student funding by $900 million. I am pleased that the choices for students. I also believe private loan repayment can create a significant and Conference agreement invests in the Pell capital working with the secondary markets measurable impact on their lives. Grant program even more. Further, and of creates more dollars to offer students than Crushing student debt also has societal con- paramount importance to so many families, does the U.S. Department of Education. sequences, according to a report by two highly the interest rate on loans will be cut in half Finally, Mr. Speaker, even though the con- respected economists, Drs. Saul Schwarz and from 6.8 percent to 3.4 percent after four ference report contains savings that pay for Sandy Baum. The prospect of burdensome years. the many new entitlement programs created debt likely deters skilled and dedicated college The College Cost Reduction and Access Act by the legislation, at the end of 5 years, the graduates from entering and staying in impor- also provides loan forgiveness for people after American taxpayers will be asked to pay the tant careers such as educating our nation’s 10 years of public service in areas such as entire cost of these new programs. History children and helping the country’s most vulner- law enforcement, first responders, fire fighters, tells us that once a Federal entitlement pro- able populations. nursing and early childhood education. gram is created, it will not die. We cannot af- To solve this problem and ensure that high- This new Congress continues to keep faith ford to create another unchecked Federal enti- er education remains within reach for all with a promise to chart a new direction for this tlement spending program that will only con- Americans, we need to increase need-based country. This Congress is showing its mettle tribute to the future inflation of college costs. grant aid; make loan repayment fair and af- by breaking down barriers to affordable edu- Mr. Speaker, I urge a ‘‘no’’ vote on this con- fordable; protect borrowers from usurious cation and boosting middle-class families. ference report. lending practices; and provide incentives for If we are to maintain our competitive advan- Mr. VAN HOLLEN. Mr. Speaker, I am proud state governments and colleges to control tui- tage in the world and ensure that more Ameri- to stand today to support the College Cost Re- tion costs. H.R. 2669 is an important step in cans achieve economic prosperity, we must duction and Access Act. I thank Chairman make higher education attainable and afford- a new and right direction for America. MILLER and the Conferees for their quick work Last November, House Democrats promised able. I urge my colleagues to support the Col- on this Conference Report, and all the work a New Direction for America. This bill, the sin- lege Cost Reduction and Access Act. they have done on this important legislation. Mr. TERRY. Mr. Speaker, I reluctantly rise gle largest investment to higher education, Mr. Speaker, for years, American students in opposition to this conference report. I do so comes at no additional cost to American tax- and families have demanded relief from rising in spite of my past support for increases in payers, but brings extraordinary benefits for tuition and ballooning debt. The average stu- Federal student loan programs and expanded our nation. I am proud to be part of a Demo- dent exits college with almost $20,000 in stu- access to college for all young people regard- cratic majority that delivers on its promises to dent loan debt, which, because of accumu- less of their economic status. the American people. As a young student at the University of Ne- lating interest, can take years to pay. This I urge my colleagues to vote in favor of braska and Creighton Law School, I had to debt is burdening our communities. When a adoption of the Conference Report for H.R. rely on student loans and part-time jobs to student has tens or even hundreds of thou- 2669, the Education and Labor College Cost cover my tuition, books, and living expenses. sands of dollars of debt, it limits choices. Reduction Act of 2007. And I know that for many families that is also Those students might not be able to take Mr. COURTNEY. Mr. Speaker, I rise today the only way their children can afford to meet lower salary jobs in the fields where we des- in strong support of the Conference Report to the rising costs of a college education. That is perately need them—as teachers or first re- accompany H.R. 2669, the College Cost Re- what I have consistently voted for, increases sponders. When two-thirds of our college duction and Access Act. I thank Chairman in Pell grants and the reduction of interest graduates are in debt, it limits our economy. MILLER for shepherding this bill through the rates from 6.8 percent to 3.4 percent. I am Those graduates have less money for a down House so that it can be signed into law by the also a cosponsor of H.R. 722, a bill to in- payment on a house, less money to invest, Prdent. crease the maximum Pell grant award to and less disposable income. This legislation marks the single largest in- $4,810 for academic years 2008–2014. Even worse, some students are deterred vestment in higher education since the 1944 There are three reasons why I have decided from going to college altogether when costs GI bill and at no new cost to taxpayers. The to vote against this bill. First, this Conference are too high. We lose some of the best and investnent is available because this new Con- Report provides $22.3 billion in cuts to federal the brightest—those who are qualified to learn, gress cut excess subsidies that the federal spending, over five years, but then at the who want to learn, who have worked hard and government pays to the student loan industry. same time spends roughly $21.57 billion in gotten the grades, but who run into financial As I travel around eastern Connecticut, I that same period time period which amounts barriers when it comes time to head off to col- hear from so many students and families to $752 million in deficit reduction. When H.R. lege. about their concerns with the cost of higher 2669 passed in the House, it was estimated to Today, we are bringing some relief. We are education and the amount of debt they are cut spending by $20.38 billion, and spend going to open the doors to college and help taking on to finance that education. Unfortu- $17.58 billion, leaving a remainder of $2.79 our young people reach their full potential. nately, students across the country are grad- billion in deficit reduction. Unfortunately, much We’re going to increase Pell grants to make uating with about $18,000 of debt upon grad- of the spending in the Conference Report college more affordable. We’re going to cut uation. This debt can have a crippling effect goes towards five new entitlement programs the interest rates on loans in half so they’re on young adults as they embark on their ca- and graduates of college rather than current easier to pay off. We’re going to institute in- reer path after graduation. students. come-based loan repayment, so graduates I often refer to the Connecticut district I rep- The second reason that I cannot support don’t have to choose between paying their resent as the higher education district. For this this legislation is that many of its provisions rent and paying off their loans. And we’re reason, I am pleased to be a member of the will drive private sector lending companies out going to expand loan forgiveness for those Education and Labor Committee and the High- of the market place, reducing the choices for who enter public service, so we have more er Education, Lifelong Learning and Competi- student borrowers and eventually making the teachers, first responders and nurses. tiveness subcommittee. My district is home to U.S. Department of Education the lending op- We made a promise to the American people the University of Connecticut, Eastern Con- tion of last resort. That is probably the in- before the last election. We’ve been working necticut State University, Mitchell College, tended purpose. A government agency replac- to fulfill that promise from the first 100 hours Connecticut College and Lyme Academy. In ing the free market. of the new Congress. And today, as our young addition, Asnuntuck Community College, In addition to reducing loan rates, it reduces people head back to school, the House and Three Rivers Community College and the level of insurance that private lenders can Senate are going to see that promise through Quinebaug Valley Community College are lo- use to off-set student loan defaults, and with largest increase in student loans since cated in eastern Connecticut. makes other cuts that will reduce incentives to the G.I. bill. Students have access to a myriad of edu- remain in the student loan business. Mr. SCOTT of Virginia. Mr. Speaker, I rise cational opportunities in eastern Connecticut It also eliminates the exceptional performer in support of the Conference report to H.R. and this legislation before us today will expand incentive program for good lenders who help 2669 the College Cost Reduction and Access

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A07SE7.016 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10270 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Act. I would like to thank my colleagues who vide funding to other deserving Upward Bound tion. In 2006, the Higher Education Price worked diligently to bring this legislation before programs including programs serving Hispanic Index, HEPI, calculation showed that inflation the full Congress, including Chairman MILLER, students. for colleges and universities jumped to 5 per- Chairman KENNEDY, and Subcommittee Chair- I believe the College Cost Reduction and cent. This is 30 percent higher than the con- man HINOJOSA. Access Act contains critical support for our na- sumer price index, CPI—the regular inflation The College Cost Reduction and Access Act tion’s higher education system and I urge my rate. When colleges and universities know that takes savings generated as a result of the rec- colleagues to support the conference report. students have access to more funds through onciliation process and makes four major in- Mr. WELDON of Florida. Mr. Speaker, I join financial aid, loans, and grants, they have sim- vestments in America’s students, especially with my colleagues in support of efforts to ply seen this as an opportunity to raise costs students in African American communities. make college education more affordable for for students. This was the case in the past First, the bill will increase the maximum Pell more Americans. Indeed, earlier this year I when college loan limits were significantly ex- grant scholarship—the Federal scholarship for voted in support of H.R. 5, the College Stu- panded and it will be repeated after this bill is low- and moderate-income students—over the dent Relief Act of 2007. I believed that bill passed. next 5 years to $5,400. This increase in the took some positive steps. The bill takes a pass on encouraging col- Pell program is critical. Since the 2001–2002 Unfortunately, the bill that is being brought leges and universities to put a lid on uncon- school year, tuition at public four-year colleges before the House today for consideration, H.R. trolled tuition increases. But it’s not surprising has risen 55 percent. Unfortunately, during 2669, is full of budget gimmicks, creates five given that this is the same Democrat majority that same time period, the maximum Pell new entitlement programs, spends tens of bil- that created a massive $100 million lobbying grant award increased by less than 8 percent lions of dollars, and shifts from the private loophole for public universities. If we truly want and did not increase at all over the past 4 sector to the taxpayers the potential liability for to help our students go into the world with a years. billions of dollars should student loans bor- good education saddled with less debt, we Second, H.R. 2669 will cut the interest rate rowers default. should hold colleges and universities who take on student loans in half over the next 4 years. I am very disappointed that the bill before government aid more accountable and not This interest rate reduction will provide enor- us, H.R. 2669, falls far short of its goal. While allow them to continue their excessive in- mous relief to the many students who take out those who drafted the bill assert that it is a creases in college costs. Colleges and univer- subsidized Federal loans. comprehensive solution to making college sities have an obligation to exercise fiscal re- Third, this legislation will make a strong and more affordable, H.R. 2669 fails to address sponsibility rather than simply seeing these historic investment in Historically Black Col- the core problem of access to U.S. colleges new student loans and grants as an oppor- leges and Universities and minority serving in- and universities: sky-rocketing rates of tuition tunity to shift more of their fiscally irrespon- stitutions. HBCUs represent an important and room and board. In just the last 7 years, sible costs onto the backs of students and tax- piece of our history and investments in annual inflation has increased on average 2.7 payers. HBCUs are imperative for both student serv- percent. However, higher education costs for Mr. GEORGE MILLER of California. ices and programs as well as institutional students have increased an average of 4.2 Mr. Speaker, I yield back the balance needs and infrastructure improvements. The percent—a rate that is 55 percent higher than of my time. College Cost Reduction and Access Act regular inflation. This bill takes a pass on ad- The SPEAKER pro tempore (Mr. shows this commitment by improving and in- dressing that fundamental issue, and simply KAGEN). Without objection, the pre- creasing funding for much needed student makes it easier and more likely that students vious question is ordered on the con- programming and opportunities. The funding will borrow more money and accumulate a ference report. for these colleges and institutions can be used larger debt by the time they graduate from col- There was no objection. for a variety of important programs and needs, lege. H.R. 2669 completely ignores the root The SPEAKER pro tempore. The including science and lab equipment, library problem. The end result of this bill will be that question is on the conference report. books, and enhancement of certain disciplines the average college student graduating from The question was taken; and the of instruction such as math, computer science, college 4 years from now will still face a high- Speaker pro tempore announced that engineering and health care. er college debt than those graduating this the ayes appeared to have it. This funding will go a long way toward clos- year—even with all of the billions of dollars in- Mr. GEORGE MILLER of California. ing the achievement gap that exists across our cluded in this bill. Mr. Speaker, on that I demand the yeas nation and helping those who wish to better Under H.R. 2669, those attending college in and nays. themselves through education achieve their the future will be able to borrow more money The yeas and nays were ordered. goals. The bill also provides, for the first time and perhaps pay a lower interest rate for a The SPEAKER pro tempore. Pursu- ever, funding for Predominantly Black Institu- short period of time, but with college expenses ant to clause 8 of rule XX, further pro- tions and Asian and Pacific Islander-serving growing at a rate that far exceeds the annual ceedings on this question will be post- institutions, thereby recognizing the impor- inflation rate, students will end college with a poned. tance of institutions of higher learning that significantly larger debt. f serve these communities. In addition, it also This bill creates five new Federal entitle- PATENT REFORM ACT OF 2007 provides additional funding to Hispanic-serving ment programs, costing tens of billions of dol- The SPEAKER pro tempore. Pursu- institutions, Tribal Colleges and Universities, lars. In an attempt to feign compliance with ant to House Resolution 636 and rule Alaska Native-serving institutions, and Native the pay-as-you-go rules adopted by the cur- XVIII, the Chair declares the House in Hawaiian-serving institutions. While this fund- rent Congress, the Democrats include a provi- the Committee of the Whole House on ing will cover only a portion of the unique sion that sunsets these new entitlement pro- the State of the Union for the consider- needs of these historical places of learning, I gram. This is a budget gimmick designed to ation of the bill, H.R. 1908. appreciate the commitment that members of fool the American people. Does anyone really the House Education and Labor Committee think that when these programs expire and b 1223 have expressed to continue to find ways to students are half way through their college IN THE COMMITTEE OF THE WHOLE support these important institutions. education, they will simply be allowed to ex- Accordingly, the House resolved Finally, the College Cost Reduction and Ac- pire? Of course they won’t, and taxpayers will itself into the Committee of the Whole cess Act includes a provision to aid the Up- be forced to hand over tens of billions of addi- House on the State of the Union for the ward Bound program, which is the last hope tional dollars to continue these programs. Inci- consideration of the bill (H.R. 1908) to and ticket to the future for many low income dentally, this will come at about the same time amend title 35, United States Code, to and first generation college students. The bill when the House-passed state children’s health provide for patent reform, with Ms. includes an additional $228 million to fund insurance program, SCHIP, funding dries up SOLIS in the chair. both new and prior funded Upward Bound pro- and Congress will be looking for tens of bil- The Clerk read the title of the bill. grams across the Nation. This funding will lions of dollars to extend that program. Cre- The CHAIRMAN. Pursuant to the reach several Upward Bound programs at ating five new entitlement programs and rule, the bill is considered read the HBCUs. In this grant cycle, 30 percent of Up- spending tens of billions of dollars puts this first time. ward Bound programs at HBCUs would have nation on a path to financial ruin. The gentleman from Michigan (Mr. been eliminated despite an increase in the The bottom line is that H.R. 2669 enables CONYERS) and the gentleman from total number of Upward Bound programs re- students to take on more debt which will fur- Texas (Mr. SMITH) each will control 30 ceiving grants. This provision would also pro- ther burden them for many years past gradua- minutes.

VerDate Aug 31 2005 02:45 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.018 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10271 The Chair recognizes the gentleman State of Michigan, that with our rewards lawsuit abuses. It will enhance from Michigan. friends in Labor we have been able to the quality of patents and increase Mr. CONYERS. Madam Chairman, I work out differences that they had public confidence in their legal integ- yield myself such time as I may con- originally had with this measure. All rity. This will help individuals and sume. the consumer groups, there are several companies obtain money for research, Members of the House, I am proud of them that have now joined with us. commercialize their inventions, expand and privileged to be the chairman of The United States Public Interest Re- their businesses, create new jobs, and the Judiciary Committee for this his- search Group has come in. The pharma- offer the American people a dazzling toric consideration of the Patent Re- ceuticals have mostly come in. The As- array of products and services that form Act of 2007. sociation of Small Inventors has come continue to make our country the envy I can’t help but begin by commending in. of the world. those members of Judiciary who were We have done a great job, and we All businesses, small and large, will in this battle before I became chair- have created a manager’s amendment benefit. All industries directly or indi- man, namely, LAMAR SMITH of Texas; to which we have allotted 20 minutes rectly affected by patents, including fi- namely, HOWARD BERMAN of California; to discuss separately from the bill nance, automotive, manufacturing, namely, Mr. COBLE of North Carolina, itself. I am proud, as you can tell, of high tech, and pharmaceuticals, will all who have worked in a remarkable the bipartisan nature of this work, be- profit. way. Even when the leadership changed cause that is what it takes to make Given the scope of H.R. 1908, it is im- in the committees and SMITH became some 22 changes in the manager’s possible to satisfy completely every in- ranking and BERMAN became Chair, the amendment, more than two dozen terested party. But the committee has cooperation and bipartisanship contin- changes in the underlying bill; and made many concessions to accommo- ued. I think it is important to lay that dealing with the question of damages date many individuals and many busi- groundwork because of the intense co- and post grant opposition are stories nesses. operation in which we have sought to that can only be told by the gentleman b 1230 consult with every conceivable organi- from California with his appropriate zation, individual, all stakeholders in brevity. So it is in this spirit that we The bill has not been rushed through this matter; and I think it has had a begin this final discussion of this meas- the process. Over the past 3 years, our very telling effect on a bill that brings ure. committee has conducted 10 hearings us all together here this afternoon. I thank all the Members of the Con- with more than 40 witnesses rep- After all, patent reform is enshrined gress not on the Judiciary Committee resenting a broad range of interests in the Constitution, isn’t it? Article I, who have helped us in so many dif- and views. section 8. After all, we have had a pat- ferent ways. The Patent Reform Act was amended ent office pursuant to constitutional Madam Chairman, I reserve the bal- at different stages of the process to ad- direction since 1790. So for a couple ance of my time. dress criticisms of the bill. Still, not hundred years, this has been the driv- Mr. SMITH of Texas. Madam Chair- all interests have endorsed the bill. I ing force for American competition, man, I yield myself such time as I may think their response is mostly resist- creativity, inventiveness, and a pros- consume. ance to change, any change. perous economy. Thomas Jefferson was I strongly endorse H.R. 1908, the Pat- This bill is not intended to favor the the first patent examiner in our Amer- ent Reform Act of 2007, and I urge my interests of one group over another. It ican history. So I am humbly standing colleagues to support American inven- does correct glaring inequities that en- in the well to tell you that the contin- tors, American businesses, and the courage individuals to be less inventive ued robustness of the patent concept is American people by voting for this bill and more litigious. very important. It has been estimated today. Supporters of the bill run the edu- that the value of intellectual property Last year we laid a substantial foun- cational, consumer and business spec- in the United States amounts to $5 tril- dation for patent reform. It was a good trum. The Business Software Alliance, lion, and much of that is in the value start, but we need to finish the job the Information Technology Industry of the patents that come from the leg- now. The Patent Reform Act is the Council, the American Association of islation produced by this bill. most significant and comprehensive Universities, the American Bankers Well, if it is so great, why are we update to patent law since the 1952 act Association, the Consumer Federation here? Well, because certain things have was enacted. The Judiciary Committee of America, the Computer and Commu- happened over the course of years that has undertaken such an initiative be- nications Industry Association, and the need some re-examination. One of them cause changes to the patent system are Financial Services Roundtable, again, is the trolling situation in which pat- necessary to bolster the U.S. economy they all endorse this bill. ents of less than high quality, they and improve the quality of living for Article I, section 8, as the chairman have created a whole legal industry, as all Americans. mentioned a while ago, of the Constitu- some will continue to describe here There are two major reasons the tion empowers Congress, ‘‘to promote today, in which, with very little pre- committee wrote the bill: first, too the progress of science and the useful text or excuse, patents are challenged many patents of questionable integrity arts by securing for limited times to and create a huge nuisance value. They have been approved. Second, holders of authors and inventors the exclusive flood the courts with unnecessary liti- these weak patents discovered a novel right to their respective writings and gation. There are abusive practices way to make money, not by commer- discoveries.’’ that have grown up around the concept cializing the patents but by suing man- The foresight of the founders, in cre- of patents, and there are certain ineffi- ufacturing companies whose operations ating an intellectual property system, ciencies where, for example, we use the might incorporate the patents. This demonstrates their understanding of first-to-invent system of granting pat- combination of weak patents and how patent rights ultimately benefit ents, while most of the active and cre- ‘‘seat-of-the-patents’’ litigation has the American people. Nor was the ative inventors in other countries use hurt the economy. value of patents lost when one of our the first-inventor-to-file system, and Most companies don’t want to risk greatest Presidents, Abraham Lincoln, we harmonize that in this legislation. shutting down their operations in re- himself a patent owner, Lincoln de- So there are problems, and they have sponse to a questionable lawsuit. Nor scribed the patent system as adding been addressed with great care, because do they have much faith in a legal sys- ‘‘the fuel of interest to the fire of ge- sometimes they go against the grain or tem in which juries and even judges be- nius.’’ to the detriment of the rest of the peo- come confused by the complexities of Few issues are as important to the ple, the stakeholders in this great legal patent law. The result: legalized extor- economic strength of the United States activity of granting patents. tion in which companies pay a lot of as our ability to create and protect in- So I am here to tell you that we fi- money to use suspect patents. tellectual property. American IP indus- nally closed the circle, and I am proud The bill will eliminate legal games- tries account for over half of all U.S. of this, being from the highly organized manship from the current system that exports, represent 40 percent of the

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A recent been issued, which cheapen the value of years ago, when we were discussing study valued U.S. intellectual property patents generally; proposed patent legislation before a at $5 trillion, or about half of the U.S. Three, there have been a variety of crowded hearing room, and I remember gross domestic product. abuses in patent litigation rules that one Member saying to the crowd, he The Patent Reform Act represents a have taken valuable resources away said, I have friends for this bill, I have major improvement to our patent sys- from research and innovation; friends opposed to this bill, and I want tem that will benefit Americans for Four, U.S.-based businesses are dis- to make it clear, he said to that group, years to come. advantaged because our patent laws I’m for my friends. Well, we don’t do it Madam Chairman, this bill has been aren’t harmonized with the rest of the quite that easily; easier said than done. a bipartisan effort. We would not be world. But as has been mentioned before, the here now without the steady hand and Many organizations, many groups distinguished gentleman from Cali- gentle suggestions made by our chair- have argued for these reforms. fornia (Mr. BERMAN) and I, along with man, Mr. CONYERS. A quick statement about support. the gentleman from Texas and the gen- I also want to acknowledge the indis- Every major consumer group in this tleman from Michigan, we’ve plowed pensable contributions of Congressman country has endorsed this legislation. this field before. And I’ve heard many HOWARD BERMAN and Congressman There is tremendous support in the fi- argue that H.R. 1908 undermines every- HOWARD COBLE, among others. All nancial services sector, in the high thing that we accomplished in 1999 three of us have been chairmen of the technology sector. The universities when the American Inventors Protec- Intellectual Property Subcommittee have now, University of California, tion Act was implemented. over the past number of years, and we which is one of the critical magnets of Madam Chairman, this is simply in- have worked together on developing research and development, have sup- accurate. Mr. BERMAN and I shepherded this bill. But it is Mr. BERMAN’s good ported passage of this legislation that legislation which, among other fortune and a testament to his legisla- through the House. The American As- things, created patent reexamination, tive ability that we are on the House sociation of Universities has supported banned deceptive practices, clarified floor today, and I congratulate him for moving the bill forward. the term for patents, required that pat- that achievement. And one last comment. There is one Madam Chairman, I reserve the bal- ents be published before they’re grant- very controversial issue, aside from the ance of my time. ed, and made the Patent Office inde- ones addressed by the amendments Mr. CONYERS. Madam Chairman, pendent within the Department of part of the Smith-Berman-Coble trio is that we have seen that are not fully Commerce, among other things. the chairman now of the Courts, Intel- dealt with, and that particularly re- As our domestic economy becomes lectual Property and Internet Sub- lates to the issue of damages and the increasingly dependent on the global committee. His indefatigable commit- apportionment of damages. It is our economy, Madam Chairman, so, too, ment to patent reform is now well commitment, my commitment, the does our patent system. known by all of the House, and I’m chairman’s commitment, Mr. SMITH’s Other challenges stem from the mar- commitment, Mr. COBLE’s commit- ketplace. As our domestic economy be- pleased to yield 21⁄2 minutes to the gen- tleman from California (Mr. BERMAN). ment, to work with people who are con- comes increasingly dependent on the Mr. BERMAN. Madam Chairman, cerned about that language to reach an global economy, so does the patent sys- first I have to say that we wouldn’t be appropriate middle ground that re- tem. In many international markets, here, not only for his substantive con- forms the way damages are calculated patent protection is one certainty on tributions to this legislation, but be- between now and the conference com- which American manufacturers can cause of his suggestions about the ap- mittee and when this comes back to rely when they are trying to compete proach we should take, whether it was deal with that controversy. internationally. in full committee or as we move to- I urge strong support for this bill so H.R. 1908 addresses these challenges wards the floor in terms of working out we can make this historic effort, first in several respects. First, the bill im- problems that existed, and that’s in 60 years, move forward to ultimate plements a first-to-file patent system, Chairman CONYERS. He played a crit- enactment. which is in line with other countries ical role in getting us to this point. I include short list of the range of and will streamline the patent review LAMAR SMITH, HOWARD COBLE, RICK groups that support this bill. and issuance process. BOUCHER, who I started this with, DAR- The Business Software Association, The Other provisions in the bill dealing RELL ISSA, ZOE LOFGREN, ADAM SCHIFF, Financial Services Roundtable, Small Busi- with willful infringement, post-grant BOB GOODLATTE, a number of people ness & Entrepreneurship Council, TechNet, opposition, publication, inequitable played key roles in all this. I don’t Consumer Federation of America, Consumer conduct and best mode will also help have too much time. The staff, on an Union, Electronic Frontier Foundation, improve patent issuance and patent Knowledge Ecology International, Public quality. issue like this, was indispensable; they Knowledge, United States Public Interest made incredible contributions. This is Research Group, American Corn Growers As- By improving patent quality, patent really complicated stuff. Perry sociation, American Agricultural Movement, disputes and litigation should be re- Apelbaum who demonstrated great Federation of Southern Cooperatives, Na- duced, and patent examiners’ ability to leadership and guidance on many tional Family Farm Coalition, National perform the daunting task of searching issues, George Elliott, a detailee from Farmers Organization, Rural Coalition, Se- scores of records and files should im- the Patent Office who is a great re- curities Industry and Financial Markets As- prove greatly. source, Karl Manheim, who decided to sociation, Computer and Communications Unfortunately, H.R. 1908 has not en- spend his sabbatical helping on patent Industry Association, Computing Tech- joyed universal support. Several key nology Industry Association, Illinois IT As- stakeholders have voiced concerns and reform, Eric Gorduna who spent his sociation, Information Technology Associa- summer working on the committee re- tion of America, Information Technology In- objections which cannot be overlooked. port, countless other staff, and of dustry Council, Software & Information In- And I understand that many, if not all, course my Chief Counsel Shanna Win- dustry Association, St. Jude Medical, Massa- of the changes in the manager’s amend- ters. chusetts Technology Leadership Council, ment will address many concerns, but I But the question is why, why are we Inc., Hampton Roads Technology Council, am still troubled that another key coa- doing this? And here are the things we Northern Virginia Technology Council. lition may not endorse H.R. 1908 at the are told by groups like the National Mr. SMITH of Texas. Madam Chair- end of today’s debate. Many of these Academy of Sciences and so many man, I yield 5 minutes to my friend companies in this coalition, unfortu- other organizations that are tremen- from North Carolina (Mr. COBLE), the nately for me, are either located in or dously respected for their under- ranking member and former chairman near my district, and I’m concerned standing of science and of our econ- of the Intellectual Property Sub- that anything in H.R. 1908 would ad- omy: committee. versely affect them. One, there are serious problems in Mr. COBLE. I thank the gentleman So while I urge my colleagues to sup- the patent system; from Texas for yielding. port H.R. 1908, I do not mean to cast

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The bill before us contains a provision which ages could impact the value of their Our goal with this provision is to en- I offered as an amendment in committee along patents. sure that before a patent is issued, par- with my Virginia colleague, Mr. GOODLATTE. That being said, Madam Chairman, I ties who contest its validity will have Our provisions prohibits prospectively the know that Chairman BERMAN, the dis- a full and complete opportunity to do award of patent for tax planning methods. tinguished gentleman from California, so within the confines of the Patent Of- Approximately 60 such patents have been the distinguished gentleman from fice itself. That should prove to be a issued and at least 85 more are pending at Texas, the Ranking Member SMITH, very effective and less costly alter- the Patent Office. have accepted all criticisms in good native than litigating the validity of These patents limit the ability of taxpayers, faith and have worked diligently to the patent in the court process. and the tax professionals they employ, to read forge some sort of compromise where it Across its range of provisions, the re- the tax laws and find the most efficient means has been possible. I hope that after form measure before us makes long- of lessening or avoiding tax liability (contrary today we will continue to pursue com- needed changes that will improve the to said public policy). promise so that with some good for- quality of patents, adjust aspects of If someone else has previously read the tax tune we may convince all stakeholders the litigation process to the benefit of law, found the same means of reducing tax li- to support what I believe is needed pat- patent holders and those who license ability and received a patent for it, that person ent reform. for use patented items. is entitled to a royalty if anyone else tries to And I say to the gentleman from The bill before us contains a provi- reduce his taxes by the same means. Texas, I thank you for having yielded. sion which I offered as an amendment I frankly think that is outrageous. No one Mr. CONYERS. Madam Chairman, I in committee in partnership with my should have to pay a royalty to pay their am pleased to yield to the gentleman Virginia colleague, Mr. GOODLATTE. taxes. No one should have sole ownership of from Virginia (Mr. BOUCHER). He is the Our provision prohibits prospectively how taxes are paid. last Member on this side that’s getting the award of patents for tax planning Such a barrier to the ability of every Amer- 3 minutes. methods. ican to find creative lawful ways to lessen tax (Mr. BOUCHER asked and was given Madam Chairman, I strongly encour- liability is contrary to said public policy. permission to revise and extend his re- age that the bill, with that amend- Our amendment, now a part of the bill be- marks.) ment, be approved. fore us, will bar the future award of such pat- Mr. BOUCHER. I thank the gen- I thank the gentleman from Michigan for ents, and I would encourage the Patent Office tleman from Michigan for yielding this yielding this time to me, and I commend him to reexamine those that have been issued to time. I also want to commend the gen- on his effective work, which brings the patent date. tleman from Michigan for the very fine reform measure to the House floor today. I also want to thank the bipartisan leader- and persistent work that he has per- Mr. BERMAN and I introduced an earlier ship of the Ways and Means Committee for formed in bringing this measure to the version of this reform 5 years ago. expressing support for our provision on tax House floor today. Building on that early effort Mr. BERMAN has planning strategies. Mr. BERMAN and I introduced an ear- worked tirelessly to build broad support for Mr. Chairman, I urge approval of the bill. lier version of this patent reform fully patent reform, to fine tune the bills provisions, Mr. SMITH of Texas. Madam Chair, I 5 years ago. And building on that early and to obtain Judiciary Committee approval of yield a full 4 minutes to my friend from effort, Mr. BERMAN has worked tire- this measure. It is a truly impressive achieve- California (Mr. ROHRABACHER) on the lessly to build broad support for the ment. condition, of course, that he is not too patent reform, support externally and There is an urgent need to improve the pat- critical of this legislation and that he bipartisan support in this Chamber, to ent system. is dispassionate in his remarks. fine-tune the bill’s provisions and to Patent examiners are burdened with many Mr. ROHRABACHER. I thank my obtain Judiciary Committee approval applications and are encouraged to conclude friend from Texas. of the measure earlier this year. That each one quickly. I rise in strong opposition to H.R. is truly an impressive accomplishment. And as they do that work they are isolated 1908. There is an urgent need to improve from an important source of highly relevant in- The proponents suggest that it is the the patent system. Patent examiners formation. most fundamental and comprehensive are burdened with many applications That information source is the knowledge in- change of American patent law in over and are encouraged to move quickly on dividuals may have, that the subject of the a half century. Well, that’s true, and each one of them. And as they do their patent application is not original, that in fact, that’s why it should be defeated, be- work, they are isolated from an impor- the object may have previously been invented cause the changes are almost all aimed tant source of highly relevant informa- by someone else. We call that prior art. at undermining the technological cre- tion. That information source is the And the existing patent process contains no ators and strengthening the hand of knowledge that individuals may have avenue for third parties to submit evidence of foreign and domestic thieves and scav- that the work that is the subject of the prior art to the patent examiner. engers who would exploit America’s patent application may, in fact, not be Our reform bill correct that flaw, and in so most creative minds and use our tech- original, that someone else, in fact, doing will help to improve overall patent qual- nology against us. It would be a dis- may have invented that particular ob- ity. aster for individual inventors, with an ject, and that that object has been in Also in aid of patent quality is the provision impressive coalition strongly opposing use prior to the time that the applica- which significantly threatens the past grant this legislation: universities, labor tion was filed. That information we inter partes reexamination process through unions, biotech industries, pharma- call ‘‘prior art.’’ The existing patent which the Patent Office can be required to ceuticals, nanotech, small business, process contains no avenue for third take a more careful look at the proposed pat- traditional manufacturers, electronics parties who may possess information ent prior to its final issuance. and computer engineers, as well, of about prior art to submit that to the Our goal with this provision is to assure that course, the patent examiners them- patent examiner while the application before a patent is issued, parties who contest selves who are telling us this will have is being examined. Our reform bill cor- its validity will have a full and complete oppor- a horrible impact on our patent sys- rects that flaw, and in so doing, will tunity to make their case. tem. broadly operate to improve patent A meaningful Inter Pates proceeding can quality. also be an expeditious, less costly alternative b 1245 Also in aid of patent quality is the to litigating the validity of the patent in the They are all begging us to vote ‘‘no.’’ provision which significantly strength- courts. This so-called reform will make them ens the post-grant interparty’s reexam- Accross its range of provisions, the reform vulnerable to theft by foreign and do- ination process through which the Pat- measure before us makes long-needed mestic technology thieves. Our most

VerDate Aug 31 2005 02:43 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.052 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10274 CONGRESSIONAL RECORD — HOUSE September 7, 2007 cutting-edge technology will be avail- should have more debate on this. We leadership in the production of new able to our enemies and our competi- should have had 2 or 3 hours of debate jobs, new technology, and new compa- tors. That is why I call this the Steal on this if it is as important as they nies here in the country, formation of American Technologies Act. The bil- say. Instead, we have been muzzled, new capital, venture capital funding, et lionaires in the electronics industry and it is a power grab. Vote against cetera. This, though, is the most im- and the financial industries who are H.R. 1908. portant step to ensure that when peo- supporting H.R. 1908, many of them al- Mr. CONYERS. Madam Chairman, I ready have built their factories in yield 10 seconds to my colleague from ple invent things and design patents China, would do away with the patent California (Mr. BERMAN). that they have the notion and the in- system altogether if they could. They Mr. BERMAN. I thank the gentleman tegrity that those patents and their are so powerful and arrogant that they for yielding. ideas are going to be protected. have set out to fundamentally alter Madam Chairman, just because the Today we are taking a major step, our traditional technology protection gentleman says it is so, doesn’t mean it forward as the CEOs have said in their is so. I have letters from the AFL–CIO, laws, laws that have served America own letters, in maintaining America’s well for over 200 years. the university community, and the leadership in the production of not Yes, this is an issue vital to the well- major centers of innovation and re- being of the American people, to our search in this country that directly only new companies but the most inno- standard of living; yet we find our- contradict his assertion that they are vative jobs and high-paying jobs that selves with a severely limited debate. opposed to the passage of this bill. The are the future of this country. I want There is only 1 hour of debate. Those of Members of this body should under- to commend the leadership for pro- us who are opposing this legislation stand that. ducing this legislation and having it on haven’t even been given the right, Mr. CONYERS. Madam Chairman, I the floor today for a vote. 1 which is traditional in this body, to am pleased now to yield 2 ⁄2 minutes to CISCO SYSTEMS. INC., control our own time. Yes, the way we the gentleman from Illinois (Mr. EMAN- San Jose, CA, September 6, 2007. are handling this debate is a disgrace. UEL). Hon. JOHN CONYERS, JR., There will be 12 minutes available for Mr. EMANUEL. Right before our Chairman, Committee on the Judiciary, Ray- those of us who oppose a bill that they break, we passed and sent to the Presi- burn House Office Building, Washington, claim is so important for the future of dent comprehensive innovation legisla- DC. our country. tion that allowed America to maintain Hon. HOWARD L. BERMAN, What do we know about this bill? It Chairman, Committee on the Judiciary, Sub- its lead in the area of technology and committee on Courts, the Internet and Intel- is a horror story for American inven- investment in the R&D of this country. lectual Property, Rayburn House Office tors and a windfall for foreign and do- With this legislation, the patent re- Building, Washington, DC. mestic thieves. We don’t even know form, we are taking the second step in Hon. LAMAR S. SMITH, what is in the bill. The manager’s assuring that America, American com- Ranking Member, Committe on the Judiciary, amendment has been changed even panies and America’s innovation, Rayburn House Office Building, Wash- after the committee did its business. maintains its leadership in the world ington, DC. So it wasn’t even fully debated in the and the companies that are producing Hon. HOWARD COBLE, committee and much less fully debated Ranking Member, Committee on the Judiciary, the jobs and well-paying manufac- Subcommittee on Courts, the Internet and at the subcommittee level. No, what we turing jobs here in this country. Intellectual Property, Rayburn House Office are doing is a power play here. That is I have only a small assortment of let- Building, Washington, DC. what we are witnessing. The opposition ters from the CEO and managements of DEAR CHAIRMAN CONYERS, RANKING MEM- doesn’t even get the chance to argue these companies: Mr. Chambers from BER SMITH, CHAIRMAN BERMAN, AND RANKING our case adequately before this body or Cisco, Safra Catz from Oracle, the MEMBER COBLE: I am writing to applaud your before the American people. Our inven- president and chief financial officer, tireless efforts to pass H.R. 1908, the Patent tors and our innovators are begging us the CEOs from Palm and the Micron Reform Act of 2007. As the House prepares to not to pass this legislation. Foreign company, and other companies. debate this bill, I want to reiterate to you and domestic technology thieves are Just to read the sense of what they Cisco’s strong support for the legislation. licking their chops. Let’s not let the are saying: ‘‘As a company with several big guys beat down and smash the lit- thousand patents, Cisco believes deeply In bringing the issue of patent reform to tle guys, which is what the purpose of in strong protection for intellectual the floor, the House of Representatives and this legislation is. property. Unfortunately, as you found the sponsors of H.R. 1908, have demonstrated There are problems in the Patent Of- during the hearing process, there are a genuine commitment to promoting innova- fice, that is true, that can be fixed clear signs the current patent system tion. As a company with several thousand patents, Cisco believes deeply in strong pro- without having to fundamentally alter is not functioning properly.’’ the principles that are the basis of our This is from Mr. Chambers, the chair- tection for intellectual property. Unfortu- nately, as you found during the hearing proc- patent system, which is what this leg- man and CEO of Cisco: These reforms ess, there are clear signs the current patent islation does. This legislation, in the you are debating today, this legislation system is not functioning properly. H.R. 1908 name of reform, is being used as a will allow us to continue to innovate provides a series of needed reforms, which cover to basically destroy the patent and help maintain our Nation’s posi- will modernize and restore balance to the system that has served us so well. In tion as the world’s technology leader. patent system. These reforms will allow us This is essential legislation for the long term, it will destroy American to continue to innovate and help maintain competitiveness and the standard of American companies, America’s inno- our nation’s position as the world’s tech- living of our working people. That is vation, and its ability to produce jobs nology leader. what is at stake here. Overseas, the for the future. Major CEOs from major people in India, China, Japan and companies that have maintained and Passage of comprehensive patent reform is Korea are waiting. We have quotes also built America’s leadership in the Cisco’s number one legislative priority for from newspapers suggesting that as high-tech field all support this legisla- 2007. We have made this issue a priority be- cause we believe a modernized and balanced soon as this bill passes, they will have tion, in addition to leaders of every patent system will promote innovation a greater ability to take American major consumer group. So it is both throughout our economy and thus improve technology even before a patent is good for consumers and good for busi- our nation’s ability to compete in the global granted and put it into commercial use ness and good for the companies that economy. against us. are producing the jobs here in this This is a shameful, shameful pro- country. I believe the time has come for patent re- posal. The American people have a I would like to submit into the form legislation, and I deeply appreciate right to know. We are watching out for RECORD these letters from just an as- your commitment to passing H.R. 1908. their interests. I don’t care what the sortment of the companies that sup- Kind Regards, JOHN CHAMBERS, billionaires in the electronics industry port this legislation because of what Chairman and CEO, Cisco. and the financial industry say. We we are doing to maintain America’s

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ORACLE, I thank you for your time and commit- cluding changes that affect the litigation Washington DC, September 6, 2007. ment on this critical issue. process, Kalido will be able to continue to in- Hon. NANCY PELOSI, Sincerely, novate in ways that will benefit the con- Speaker, House of Representatives, Washington, EDWARD T. COLLIGAN, sumer and the U.S. economy. DC. Chief Executive Officer, Palm, Inc. As a software company, our business is our Hon. JOHN BOEHNER, intellectual property, and protecting soft- Republican Leader, House of Representatives, MICRON TECHNOLOGY, INC., ware companies also protects the large mul- Washington, DC. Boise, ID, September 6, 2007. tinational firms that benefit from our inno- DEAR MADAM SPEAKER AND REPUBLICAN Hon. NANCY PELOSI, vation. It is extremely important not only to LEADER BOEHNER: I am so pleased to see that Speaker, House of Representatives, protect our intellectual capital, but to moti- the House of Representatives will soon begin Washington, DC. vate our investors, employees, and ulti- debate and vote on H.R. 1908, the Patent Re- DEAR MADAM SPEAKER: As H.R. 1908 the mately, our customers. form Act. I can’t emphasize enough the sig- Patent Reform Act of 2007, led by Chairman Understanding the challenges in advancing nificance of this upcoming vote—it is per- JOHN CONYERS, Ranking Member LAMAR this critical patent reform legislation over haps the single most important vote for our SMITH, Representatives BERMAN and COBLE, the past six years, we appreciate your leader- innovation-driven industry in the last few is considered in the House of Representa- ship for providing a strong opportunity for years. tives, I would like to take this opportunity passage. to thank you and all the bill’s supporters I thank you for your time and commit- Our economy historically has been at the who have worked in a bipartisan fashion to ment on this issue. forefront of each new wave of innovation for help move this legislation forward. Sincerely, one simple reason: our intellectual property Patent reform is a top legislative priority WILLIAM M. HEWITT, laws, starting with our nation’s Constitu- for the high-tech industry. Like many other President & CEO. tion, reward innovation. However, today’s supporters of this legislation, Micron Tech- U.S. patent system has not kept pace with nology, Inc. is one of the world’s top patent AUTHORIA, INC., the growth of highly complex information holders. Protecting our intellectual property Waltham, MA, September 6, 2007. management systems—the cornerstone of an is critical to our success. However, the U.S. Hon. NANCY PELOSI, innovation wave that is truly global in patent system has not kept pace with the de- Speaker of the House, House of Representatives, scope. As a result, we have seen a significant mands of rapidly evolving and complex tech- Washington, DC. increase in low quality patents, which has nologies, and the global competitiveness of SPEAKER PELOSI: I look forward to seeing sparked a perverse form of patent litigation U.S. technology companies has suffered as a you again at TechNet Day this Spring. innovation. Some of our nation’s most cre- result. H.R. 1908 would balance many of the Thank you for bringing the Patent Reform ative companies have been forced to spend imbalances that currently plague our patent Act of 2007 to the House floor for a vote this tens of millions of dollars to defend them- system. It would promote innovation, yet Friday. selves against frivolous lawsuits that extract safeguard the rights of innovators, thereby This legislation is extremely important to settlements that are in the hundreds of mil- restoring fairness to the patent system in the livelihood of my company as well as tens lions of dollars. our nation. of thousands of other high-growth compa- This is not news to you and your col- Thank you again for recognizing that now nies. leagues. A bipartisan effort, led by Congress- is the time to move forward on this impor- By updating the current patent system, in- men Howard Berman and Lamar Smith, has tant legislation. cluding changes that affect the litigation been underway for several years now, and Sincerely, process, Authoria will be able to continue to after numerous public hearings and discus- STEVEN R. APPLETON, innovate in ways that will benefit the con- sions with key stakeholders, a balanced blue- Chairman and CEO, Micron Technology, Inc. sumer and the U.S. economy. print for reform has been produced and ap- Understanding the challenges in advancing proved by the House Judiciary Committee. AUTODESK, INC., this critical patent reform legislation over In addition to long-sought reforms in patent San Rafael, CA, September 6, 2007. the past six years, we appreciate your leader- quality, H.R. 1908 will bring certainty, fair- Hon. NANCY PELOSI, ship for providing a strong opportunity for ness and equity to key stages of the patent Speaker of the House, House of Representatives, passage. litigation process, including determinations Washington, DC. I thank you for your time and commit- of venue, willful infringement and the cal- DEAR MADAM SPEAKER: I want to thank ment on this issue. culation of damages. you and your colleagues in the House leader- Sincerely, In short, H.R. 1908 is designed to strength- ship for scheduling H.R. 1908, The Patent Re- TOD LOOFBOURROW, en and bring our patent system back to basic form Act of 2007, for consideration this week President, Founder & CEO Authoria, Inc. principles: to reward innovation, and pre- on the floor of the House of Representatives. Mr. SMITH of Texas. Madam Chair- serve our economy’s creative and competi- This legislation is my company’s top legisla- man, I yield 4 minutes to my friend tive leadership. tive priority this year and is important to from Virginia (Mr. GOODLATTE), the We at Oracle thank you and your col- the innovation economy of the country. It ranking member of the Agriculture leagues for the tremendous work to advance has been thoughtfully drafted in a bipartisan manner to accommodate many diverse per- Committee, the chairman of the House this essential legislation, and we look for- High Tech Caucus, and a senior mem- ward to seeing H.R. 1908 become law in the spectives. I applaud the House for taking de- 110th Congress. cisive action on this critical bill, and look ber of the Judiciary Committee. Sincerely, forward to its passage and ultimate enact- Mr. GOODLATTE. I thank the gen- SAFRA CATZ, ment into law. tleman, and I thank him for his leader- President and Chief Financial Officer. Sincerely, ship on the Judiciary Committee and CARL BASS, for years of leadership on this legisla- President & CEO, Autodesk, Inc. PALM INC., tion, along with HOWARD BERMAN, the Sunnyvale, CA, September 5, 2007 chairman of the Intellectual Property KALIDO, Hon. HOWARD BERMAN, Burlington, MA, September 6, 2007. Subcommittee, and their staffs for this House of Representatives, Rayburn Building, Hon. NANCY PELOSI, legislation. Washington, DC. Speaker of the House, House of Representatives, Madam Chairman, article I, section 8 DEAR CONGRESSMAN BERMAN: On behalf of Washington, DC. of our Constitution lays the framework Palm, Inc., thank you for your work in Hon. STENY HOYER, for our Nation’s patent laws. It grants bringing the Patent Reform Act of 2007 to Majority Leader, House of Representatives, Congress the power to award inventors, the House floor for a vote this Friday, Sep- Washington, DC. tember 7, 2007. for limited periods of time, exclusive Hon. HOWARD BERMAN, rights to their inventions. The Framers This legislation is extremely important to Chairman, Subcommittee on Courts, the Internet Palm as well as other companies beyond the and Intellectual Property, Committee on the had the incredible foresight to realize technology industry. By updating the cur- Judiciary, House of Representatives, Wash- that this type of incentive was crucial rent patent system, including changes that ington, DC. to ensure that America would become affect the litigation process, Palm will be DEAR MADAM SPEAKER, MAJORITY LEADER the world’s leader in innovation and able to continue to effectively innovate in HOYER, AND CHAIRMAN BERMAN: Thank you creativity. ways that will benefit the consumer and the for bringing the Patent Reform Act of 2007 to These incentives are just as impor- U.S. economy. We are proud to work with a the House floor for a vote this Friday, Sep- tant today as they were at the found- diverse, multi-industry national coalition tember 7, 2007. that has advanced this critical patent reform This legislation is extremely important to ing of our country. It is only right that legislation over the past six years and we ap- the livelihood of my company as well as as more and more inventions with in- preciate your leadership in providing a companies beyond the technology industry. creasing complexity emerge, we should strong opportunity for passage. By updating the current patent system, in- examine our Nation’s patent laws to

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H.R. 1908 ren- patent dispute. remain the world’s leader in innova- ders these tax strategy patents In sum, the bill restores fairness and tion. unpatentable so that citizens can be clarity to patent litigation by remov- The solution involves both ensuring free to comply with the Tax Code in ing the most glaring instances of forum that quality patents are issued in the the most efficient manner without ask- shopping by patent trolls. first place and ensuring that we take a ing permission or paying a royalty. I represent Silicon Valley, which has good hard look at patent litigation and Our patent laws were written over 50 a diversity of high tech. Biotech, large enforcement laws to make sure that years ago and did not contemplate our companies, small companies, univer- they do not contain loopholes for op- modern economy where many products sities, small inventors, pharmaceutical portunists with invalid claims to ex- involve hundreds and even thousands of companies, we have got them all, in- ploit. H.R. 1908 addresses both of these patented inventions. H.R. 1908 provides cluding small inventors working out of concerns. a much-needed update to these laws, a garage. A balanced approach to inno- First, the bill helps ensure that qual- and I urge my colleagues to support vation is essential to all of these enti- ity patents are being issued by the U.S. this litigation. ties. H.R. 1908 provides that balance. Patent and Trademark Office. The Mr. CONYERS. Madam Chairman, I We need to pass this bill today. I urge PTO, like any other large government am pleased to add to that trio in the my colleagues to do so. agency, makes mistakes. H.R. 1908 cre- Judiciary that has worked for so long Mr. SMITH of Texas. I yield 2 min- utes to my friend, the gentleman from ates a post-grant opposition procedure on patent reform. Her name is ZOE Ohio (Mr. CHABOT), the ranking mem- to allow the private sector to challenge LOFGREN, and she is a subcommittee a patent just after it is approved to Chair; but she stayed with patent re- ber of the Small Business Committee, ranking member of the Anti-Trust provide an additional check on the form. I yield her 21⁄2 minutes. issuance of bogus patents. Better qual- Ms. ZOE LOFGREN of California. Task Force, and a senior member of the Judiciary Committee. ity patents mean more certainty and Thank you, Mr. CONYERS, Mr. BERMAN, Mr. CHABOT. Mr. Chairman, I rise in less litigation for patent holders and Mr. SMITH for your hard work. reluctant opposition to H.R. 1908, the businesses. I rise in support of the bill which Patent Reform Act, that we are consid- In addition, H.R. 1908 contains impor- brings much-needed reform to our sys- ering here now. While this bill has been tant litigation reforms to rein in abu- tem. We have worked hard really over sive lawsuits and forum shopping so improved since its introduction back in the past half decade to come to this April, the scheduling of this bill for that aggressive trial lawyers do not floor today with this legislation. consideration today makes one ques- make patent litigation their next gold I want to talk about one issue, and tion whether reform really is the ma- mine like they did for asbestos law- that is venue. Due to a flawed Federal jority’s objective. suits, class action lawsuits and the Court decision in 1990, B.E. Holdings, Why else would we push a bill like. Specifically, the bill tightens the patent trolls have been able to file through on a Friday afternoon under a venue provisions in the current patent cases more or less wherever they structured rule that will only allow a law to prevent forum shopping. choose in the United States. And that few selected amendments even to be H.R. 1908 also prohibits excessive decision has led to forum shopping as considered? In fact, since this bill was damage awards. Believe it or not, there plaintiffs filed in jurisdictions where reported from the Judiciary Com- is no current requirement that damage they knew they stood a better chance mittee in July, several of us, as well as awards in patent cases be limited to of winning, and where they would get the stakeholders, have asked the lead- the value the patent added to the over- more money if they did win. ership to slow this bill down to ensure all product. The courts have created a For example, filings in eastern Texas that we have a true reform bill that is virtual free-for-all environment in this went from 32 cases a year 4 years ago fair and equitable to all who use the area. H.R. 1908 contains provisions to to over 234 cases last year with a pro- patent system. help ensure that damages are propor- jected 8 percent increase this year. I believe the bill in its current form, tional to the value the invention added Patent holders win 27 percent more and even if the manager’s amendment to the product, which will inject cer- often there, and the awards are much is adopted, fails to strengthen the sys- tainty into this area and allow busi- bigger. The presiding judge himself de- tem Congress created to foster and pro- nesses to devote their resources to scribes the district as a ‘‘plaintiff-ori- tect innovation. In fact, more than 100 R&D and innovating. ented district.’’ It has led to the forma- companies, unions, universities, coali- The bill also creates clearer stand- tion of entities that exist solely to tions and other organizations have ards for ‘‘willful infringement’’ by re- bring patent cases. For example, the voiced their concerns with this bill. quiring greater specificity in notice Zodiac Conglomerate is formed of sev- These entities, users of the patent letters alleging infringement of patent eral smaller companies. None of the system, believe that the changes pro- claims and requiring courts to include companies create any technology. They posed by this act and the amendments in the record more information about don’t produce any products. All of we are considering today will be harm- how they calculate damage awards. those companies are incorporated in ei- ful to their respective businesses, will Furthermore, the bill contains an im- ther Texas or Delaware. They exist for be bad for the economy, and could portant amendment that Congressman one purpose only, to bring patent threaten our status as the number one BOUCHER and I added during the Judici- cases. So far the Zodiac Conglomerate patent system in the world. If that is ary Committee markup to prevent in- has sued 357 different companies, most- even possible, why would we rush to dividuals and companies from filing ly in the Eastern District of Texas. pass a bill that could jeopardize the patents to protect tax strategies. Since very industries and employees that b 1300 1998, when the Federal Circuit Court of have made this Nation what it is Appeals held that business methods Manufacturing venue leads to overly today? were patentable, 51 tax strategy pat- aggressive litigation behavior, which Innovation is the heart and soul of ents have been granted covering such deters legitimate innovation. This this country. What has made the U.S. topics as estate and gift tax strategies, manager’s amendment is going to cor- the strongest patent system in the pension plans, charitable giving and rect the problem. The bill will allow world is its ability to adapt to different the like. Over 80 additional tax strat- cases to be filed where the defendant is business models and innovations, pro- egy patents are pending before the located or has committed acts relevant tecting those who invent, while at the USPTO. to the patent dispute. same time encouraging public dissemi- When one individual or business is We give the freest rules to inde- nation. given the exclusive right to a par- pendent inventors and to individual in- Of course, our patent system is not ticular method of complying with the ventors and universities, noting their perfect. The Small Business Committee Tax Code, it increases the cost and special role in this system. Corporate that I happen to be the ranking mem- complexity for every other citizen or plaintiffs can only bring cases where ber of held a hearing on March 29th,

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The most revealing aspect of the had to analyze it overnight because of and Intellectual Property, especially hearing was the consensus among the complexity of the issues, and said, Chairman HOWARD BERMAN, and also members and panelists that Congress my gosh, this could destroy the system Ranking Member HOWARD COBLE, for should be very careful in making sig- of patent law and protection of patent their hard work in bringing this impor- nificant change to the system. holders in this country. tant piece of legislation to the floor. It Mr. Chairman, I urge my colleagues What we are asking for is the oppor- is a bipartisan effort. to oppose this. tunity to be able to explain it. Mem- Although I am a new member to this Mr. CONYERS. Mr. Chairman, I am bers of Congress should not be placed subcommittee, I am well aware that pleased to yield 2 minutes to the gen- in the position of choosing between in- Congress has been debating patent re- tleman from North Carolina (Mr. novation. form for several years. This area of the WATT), who has worked continuously Let me give you an example. Cater- law has not been updated for 55 years, on this bill to improve it. pillar is on one side, in Peoria, Illinois, yet patents touch upon so many dif- Mr. WATT. I thank the gentleman PHIL HARE’s district. Hundreds of thou- ferent sectors, from agriculture to bio- for yielding. sands of suppliers across the country, technology to manufacturing and com- Mr. Chairman, when you practice law including the Midwest. Research in Mo- puter technology. for 22 years, as I have before coming to tion, the maker of the BlackBerry, is In order to continue to stimulate Congress, and served on the Judiciary on the other side of the issue, in favor growth and reward inventors in these Committee for 15 years and never even of it. But inside of the BlackBerry is various sectors, we in Congress are in all that time dealt with patents, you this motherboard. It is magnesium. It charged with finding the right balances are tempted to think of patent lawyers is made by Chicago White Metals. They between protecting inventions and and the law of patents as a bunch of have the finest processes for magne- stimulating innovation. Our Founding technocrats and elevate constitutional sium hot-chamber diecasting, a com- Fathers realized it was so important to considerations and criminal law and pany that is the only diecasting com- protect inventions and promote inno- other civil rights matters to a higher pany in the country that is rated ISO vation that they wrote that protection position. It has been an eye-opening ex- 14001 for its higher environmental into our Constitution in article I, sec- perience for me, the first time to serve standards. tion 8. on this subcommittee and to see how You have to get on the inside of these For more than half a century, the important patent law is to stimulating, machines to understand the impor- United States has led the world in re- search and innovation, partly due to encouraging innovation, and to see how tance of this law. You have to be able the fact that the U.S. rewards its in- difficult and precise the law needs to to take every single word that is added ventors and protects their ideas. But be and how far behind the patent law at the last minute and be able to study since the last update to our system has become in adapting to changes. it to see the impact upon American in- over 55 years ago, technology has rap- One of the changes that I think novation. That is what this debate is idly changed and has revolutionized hasn’t gotten much attention in this about. It is simply asking for more our economy. In order to keep up with bill that I was surprised at as a mem- time. these changes, Congress has stepped ber of the Financial Services Com- The first thing we learn as Members forward to update this important body mittee that has so many regulators of of Congress is do no harm. Why should the various parts of our financial sys- of law. we place ourselves in the position of This bill makes several important tem which can promulgate rules, it choosing winners and losers in some- changes, including moving from a first- seemed to me when I found out that thing as important as patent law, with to-invent to a first-to-file system. It the Patent and Trade Office really the excuse that we have to harmonize places certain limitations on willful in- didn’t have the authority to promul- and we have to adopt Asian and Euro- fringement, it creates a new process of gate any meaningful rules, that that pean standards of patent law? What is post-grant review, and it addresses was contributing to the problem, be- wrong with the American system? We changes of venue to address the issue of cause innovations and ideas and inven- are the innovators, we are the ones forum shopping. tions and communications are trav- with the great minds. It is our system This bill is not perfect, but I ask that eling so fast that the law can’t always that is placed, in effect, in the entire the Members of this body pass this bill. keep up with them. It is in that con- world, all the products and the proc- Now this bill is not perfect, and Members as text that meaningful regulation is im- esses and the ideas that have made us well as many representatives from various in- portant. So I wanted to point to that free. dustries have come to my office with their con- particular aspect. I would therefore ask the Members, cerns about the damages section of HR 1908. Mr. SMITH of Texas. Mr. Chairman, I even if you lean towards this bill, to During the House Judiciary Committee yield 3 minutes to my friend, the gen- vote against it as a matter of free markup, Congressman FEENEY and I were tleman from Illinois (Mr. MANZULLO), speech principle. The American people able to craft an amendment that I believe the former chairman of the Small Busi- are entitled to more debate, because struck a balance, giving juries the ability to ness Committee. they need to know more about this bill. come to a deliberate decision while giving Mr. MANZULLO. Mr. Chairman, if we Mr. CONYERS. Mr. Chairman, I yield them the flexibility within the law to assess had to patent the way Congress is con- myself 10 seconds. damages. sidering this bill, no one would claim I just want to tell the previous Our intent is also included in the CONGRES- to be its inventor. This is a disgrace. speaker that we have had to accommo- SIONAL RECORD; the case law used in assess- One of the most important bills to date about 20 different parts of our ing damages, also known as the fifteen Geor- come before this Nation in 60 years American industry and society, and, of gia Pacific factors, may still be considered concerning manufacturing and patent- course, everybody is not equally happy. when courts are assessing damages. We ability of articles and processes is so Apparently you are one of those. have diligently tried to meet the concerns of a limited that the Democrats have given Mr. Chairman, I yield 2 minutes to wide spectrum of industries and while this bill just 4 minutes of their 30 to two people the distinguished gentleman from is not perfect, it is a bipartisan effort to update on the other side. They owe them an Georgia (Mr. JOHNSON). the patent system. apology. They owe them at least an- (Mr. JOHNSON of Georgia asked and Mr. Chairman, it is my hope that although other hour of debate. The American was given permission to revise and ex- there are continued concerns, we can work on people deserve a lot more debate than tend his remarks.) them through the conference committee proc- that. Mr. JOHNSON of Georgia. I thank ess in a continued bi-partisan fashion and we An amendment was filed at 2:46 yes- the chairman. can all come to a compromise. terday before the Rules Committee, the Mr. Chairman, I rise in support of Mr. SMITH of Texas. Mr. Chairman, I manager’s amendment. One of the H.R. 1908, the Patent Reform Act of yield 2 minutes to my friend and col- groups that contacted us representing 2007. I want to commend the Chair of league, the gentleman from Texas (Mr.

VerDate Aug 31 2005 02:43 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.057 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10278 CONGRESSIONAL RECORD — HOUSE September 7, 2007 GOHMERT), the deputy ranking member justice, or case loads and time delays of other what was being said about immigration re- of the Crime Subcommittee of the Ju- courts or whether the plaintiff was a small en- form!! In the case of Immigration, ‘‘Com- diciary Committee. trepreneur with only a few patents who will be prehensive Reform’’ was being used to make (Mr. GOHMERT asked and was given destroyed if the case is transferred to a court some changes most of us could probably permission to revise and extend his re- with a 5-year wait to trial. In my days as a trial agree on in order to mask within those accept- marks.) judge, I would have been absolutely staggered able provisions other problematic provisions Mr. GOHMERT. I thank the ranking to see a venue rule so incredibly one-sided. It unacceptable to most Americans which could member. was grossly overreaching and proponents of probably not pass by themselves. After finding Mr. Chairman, there are some things the bill immediately recognized that when it examples of inappropriately oppressive lan- that need repair in the U.S. patent sys- was pointed out, but they just had not noticed guage that was being stuffed or hidden in a tem, but something about this bill kept that. They then agreed to changes that pre- large comprehensive bill, I am left wondering troubling me. When I read the provi- vent the language from being quite so egre- why not just fix the limited areas that are sion regarding the transfer of venue, I gious. agreeable and not shove a brand new com- began to realize something was very As our colleague from the high tech area of prehensive, revolutionary change—that some wrong. The provision said the court California pointed out moments ago, there say will absolutely set over 200 years of pat- may transfer an action only to a dis- have been patent cases filed in the Eastern ent law on its head—that may give some of trict where ‘‘the defendant had sub- District of Texas in my district. That began the largest corporations in the country the abil- stantial evidence or witnesses.’’ happening when Texas Instruments, not some ity to prevent others from having the same op- I could not believe it. That provision small patent troll, along with others who had portunities they had to become large. did not even allow a judge to consider patents being infringed, could not get a prompt It is real easy to continue to excoriate these fairness or justice or caseloads or time trial elsewhere, realized the Eastern District of horrid ‘‘patent trolls’’, which could easily be ad- delays or whether the plaintiff was a Texas had some of the best judicial minds dressed by very small changes to a very lim- small entrepreneur with only a few who were rarely ever reversed, and they could ited provision. If you want to limit patent trolls, patents who could be led to bankruptcy receive a trial within 2 years instead of 5. So then restrict the abilities of those who pur- by being forced to file in a court where lawsuits were filed there. As far as the rates chase the patents or rights to sue as sec- it had a 5-year delay. I would have been of victories by plaintiffs to defendants, she ondary holders of patents. If that is not absolutely staggered during my years cited old data and the new data shows that enough, there are other limited ways to handle as a judge to see a venue provision like the district being excoriated in the past year it, though one must be careful not to destroy this. Many agreed and realized that probably has had more equality of verdicts principal patent assets after a company is was grossly overreaching and pro- than anywhere else in the country, which bought out by another. But I would humbly ponents of the bill immediately recog- means the issue is a red herring for something submit that when an easy fix is rejected to nized that and were willing to work. else to get passed that is potentially deadly to such a problem because some desire the invention. But patent cases increased in the issue to mask an effort that may well deni- I agreed we needed to do something about Eastern District of Texas when compa- grate or destroy the adequate ability to pre- patent trolls who buy patents so they can sue nies like Texas Instruments realized to try to hold up a company for cash. I agreed serve such assets—something is amiss in they could get a trial within 18 months that’s not right. I was willing to help fix it. But Washington, DC. in front of some of the best judges in As objections from many areas have grown, after proposing solutions to that which were the country and get fairness. Initially, the private interests pushing this bill have real- met by a desire to use that issue only as an there were more plaintiff victories, ized they may have pushed too far too fast, so excuse to make comprehensive, devastating but, as I understand, the last year or so have sought to appear less draconian, but we changes to two centuries of patent law, I real- it has been 50–50, which there is no- must review what this bill does. The bill before ized something inappropriate was at work where in the country comparable to us today completely changes: The damages here. that. I began to realize something was very or compensation that may be obtained from a I began to realize something was very wrong for a terribly one-sided provision to wrongdoer for stealing or usurping someone wrong and one-sided when something make its way into the official bill being consid- else’s patent; the law on where such suits for like that could get into a bill, and espe- ered as a Manager’s Amendment at the full infringement may be filed; the effect of a pat- cially the manager’s amendment, with- Judiciary Committee. I began to think about ent; the law on administrative review of pat- out being noticed. And who would want who must have written or at least pushed to ents and privacy issues of the patent before it something like that? Then you realize, get that type of totally one-sided provision in is final. Is it any wonder that the worst thieves it is big companies who do not want there. It was not anyone interested in fairness. nationally and internationally of U.S. intellec- others to have the opportunities that It was someone interested in really tilting the tual property are hoping we pass this bill. they did. playing field completely one way. That had to It is also important to point out that we have So that made me look again at the be from huge defendants who wanted to drag heard here today promises about things that damage provision that was being com- small entrepreneurs into dilatory situations so will be fixed between now and when the law pletely changed. I realized to whom that their invention or component could be were to become law. We’ve been told that our that was helping and whom that would usurped without proper compensation, even input is welcome toward such fixes. The trou- destroy, and I realized that the lan- though it might mean the bankruptcy of the in- ble is, we were told the same thing at the full guage for that must have come from ventor and the destruction of the opportunity committee. I was one who was called by the same type source who did not want for the little guys with the inventive vision and name to help the group work on fixes to major anything but a small cookie cutter or spirit, which actually spurred some of the problems. Though I am not questioning moti- mold to consider damages when, for greatest developments and wealth we know vation at this juncture, I have made myself years now, there have been many more and have in this country. available to meet and have offered sugges- factors that needed to be considered. So when I looked again at the damage pro- tions, but the group that was going to meet You have drug cases. You have objects vision that was being completely changed, I and work on the changes before today never that are patented. You have concepts. realized whom that was helping and whom met that I was advised. My staff says they The Comprehensive Patent Reform bill that would destroy and I realized that lan- were never advised. So much for getting in being pushed at this time has some good fea- guage came from the same type source. It is that valuable input. tures. extremely one-sided and completely abrogates The question remains: do we need this There are some things that need repair in the ability of a court to use factors or stand- much of a complete change to a system that the U.S. patent system. But, something about ards that are applicable in the vast variety of has spurred, nurtured and protected the great- this bill kept troubling me. patent cases which arise. Patents are ob- est advancements in the history of mankind. I When I read the provision regarding the tained for so many different types of objects, would submit that it is imperative that we back transfer of venue, I began to realize something drugs, and even concepts. To try to force such up, vote this down, and come back with non- was very wrong. The provision said that the a huge spectrum of patents into one small comprehensive provisions that do not include court may transfer an action only to a district specific type of cookie cutter or mold is of provisions that will tilt the playing field and so where ‘‘the defendant has substantial evi- great concern to so many. dramatically change our laws to protect intel- dence or witnesses.’’ That provision did not Then, I remembered also something about lectual property rights. We should borrow from even allow the judge to consider fairness, or this ‘‘comprehensive’’ type approach—that’s the old Code in Medicine to first do no harm!

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.059 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10279 Mr. CONYERS. Mr. Chairman, I yield on the minority side, the Judiciary Committee Moreover, the legislation incorporates an 21⁄4 minutes to the gentlewoman from labored long and hard to produce legislation amendment that I offered during the full com- Texas (Ms. JACKSON-LEE). that reforms the American patent system so mittee markup that requires the Department of (Ms. JACKSON-LEE of Texas asked that it continues to foster innovation and be Commerce Undersecretary for Intellectual and was given permission to revise and the jet fuel of the American economy and re- Property and Director of the Patent and Trade- extend her remarks.) mains the envy of the world. mark Office director to conduct a study every Mr. Chairman, Article I, Section 8, clause 8 b 1315 seven years on the effectiveness of revisions of the Constitution confers upon the Congress made in the bill to the patent derivation litiga- Ms. JACKSON-LEE of Texas. Mr. the power: tion system and submit the report to the Chairman, let me first of all thank the To promote the Progress of Science and House and Senate Judiciary committees. In toiling committee chaired by Chair- useful Arts, by securing for limited Times to embracing this constructive addition to the bill, man CONYERS and Ranking Member Authors and Inventors the exclusive Right to the Committee Report notes: their respective Writings and Discoveries. SMITH. This has been a long journey. [T]he amendments in section 3 of the bill As a new member of the Subcommittee In order to fulfill the Constitution’s mandate, serve to implement a fundamental change in on Intellectual Property, let me also we must examine the patent system periodi- the operation of the United States patent thank both the chairman and ranking cally. The legislation before us represents the system. Such change, while well-reasoned, member for a tough, tough challenge. first comprehensive review of the patent sys- requires a mechanism for monitoring its It is important to express that this is tem in more than a generation. It is right and long-term effects. a significant change in patent law, but good and necessary that the Congress now SECTION 5: FORMULA FOR CALCULATING FAIR AND it is done to protect, if you will, the reexamine the patent system to determine EQUITABLE REMEDIES very treasure that has propelled Amer- whether there may be flaws in its operation Section 5 of the bill provides useful clarifica- ica into an economic engine and that that may hamper innovation, including the tion to courts and juries designed to ensure in- we must insist continue. problems described as decreased patent qual- ventors are compensated fairly, while not dis- I think the changes that have been ity, prevalence of subjective elements in pat- couraging innovation with arbitrary or exces- made certainly to some may be star- ent practice, patent abuse, and lack of mean- sive damage awards. While preserving the tling, but the effort was to bring all ingful alternatives to the patent litigation proc- right of patent owners to receive appropriate parties together. I am delighted that ess. damages, the bill provides a formula to ensure even though there are questions about, On the other hand, Mr. Chairman, we must that the patent owner be rewarded for the ac- for example, the first-to-file over the always be mindful of the importance of ensur- tual value of the patented invention. Computing damages in patent cases is an first-to-invent, this committee saw fit ing that small companies have the same op- exceedingly complex task. The complexity to add my amendment which means portunities to innovate and have their inven- stems not from the unwillingness of competing that there will be periodic review so tions patented and that the laws will continue to protect their valuable intellectual property. interests to find common ground but from the Congress will be instructed on whether interactive effects of patent litigation reform on or not this works on behalf of all in- The role of venture capital is very important in the patent debate, as is preserving the col- the royalty negotiation process and the future ventors big and small. of innovation. Then when we look at the workings laboration that now occurs between small firms and universities. We must ensure that To illustrate, consider this frequently cited in section 5 dealing with first-to-file hypothetical. A new turbine blade for a jet en- and dealing with damages. Rather than whatever improvements we make to the pat- ent laws are not done so at the expense of gine is invented which enables the plane to passing this law forever and ever, an achieve a 40 percent increase in gas mileage. amendment I added will give us an op- innovators and to innovation. The legislation before us, while not perfect, does a surpris- What is fair compensation for the holder of the portunity to study it to assess who is it patent? Damages could fairly be based on the helping and who is it hurting. We cer- ingly good job at striking the right balance. Mr. Chairman, the subject of damages and number of turbine blades used, the number of tainly want to ensure that all are given royalty payments, which is covered in Section jet engines employing those turbine blades, or an opportunity. 5 of the bill, is a complex issue. The com- on a percentage of the savings of the cost of I am very glad that the manager’s plexity stems from the subject matter itself but jet fuel used, or the number of miles flown by amendment has impacted the damages also interactive effects of patent litigation re- aircraft using engines employing the turbine provision. The original bill seemed to form on the royalty negotiation process and blades, or even, if the higher efficiency of air- require all apportionment in all cases. the future of innovation. Important innovations craft using the turbine blades was the basis But in this instance the manager’s come from universities, medical centers, and for the market demand for the jet, the jet itself. amendment has made it as one of the smaller companies that develop commercial The original version of the bill was suscep- factors. Therefore, when you look at a applications from their basic research. These tible to a reasonable interpretation that appor- Post-it sticker, you can determine how innovators must rely upon the licensing proc- tionment would be required in all cases. But much the glue has helped the Post-it ess to monetize their ideas and inventions. as marked up and amended, apportionment is sticker. This is apportionment of dam- Mr. Chairman, the innovation ecosystem we only one of the several methods a court can ages in case there was a lawsuit. create and sustain today will produce tomor- use in awarding damages, including the use of I know that there are many groups, row’s technological breakthroughs. That eco- the current approach established in Georgia- such as Innovation Alliance, that I system is comprised of many different oper- Pacific v. United States Plywood Corp., 318 look forward to working with as we ating models. It is for that reason that we eval- F.Supp. 116 (S.D.N.Y. 1970), which provides make our way through to ensure that uated competing patent reform proposals thor- that reasonable royalty damages are this bill answers the questions big and oughly to ensure that sweeping changes in ascertained by looking to what the infringer small and fuels the economic engine of one part of the system do not result in unin- would have paid, and what the patent owner manufacturing, universities, pharma- tended consequences to other important parts. would have accepted, for a license, had one ceuticals and others, like small inven- Let me discuss briefly some of the more sig- been negotiated at the time the infringement tors. I ask my colleagues to consider nificant features of this legislation, which I will began. this bill and support it. It has a mean- urge all members to support. Moreover, apportionment no longer applies ingful response to changing patent law SECTION 3: RIGHT OF THE FIRST INVENTOR TO FILE to damages based on lost profits. Another for all involved. H.R. 1908 converts the U.S. patent system change allows plaintiff to recover the en- Mr. Chairman, as an original co-sponsor from a first-to-invent system to a first-inventor- hanced value of previously known elements and member of the Judiciary Subcommittee on to file system. The U.S. is alone in granting where their combination in the invention adds the Courts, Intellectual Property, and the Inter- priority to the first inventor as opposed to the value or functionality to the prior art. This is a net, I rise in strong support of H.R. 1908, the first inventor to file a patent. H.R. 1908 will in- very important and helpful compromise on the Patent Reform Act of 2007. I am proud to ject needed clarity and certainty into the sys- issue of patent case damages. We must keep Support this legislation because in many ways tem. While cognizant of the enormity of the in mind that important innovations come from the current patent system is flawed, outdated, change that a ‘‘first inventor to file’’ system universities, medical centers, and smaller and in need of modernization. Under the vi- may have on many small inventors and uni- companies that develop commercial applica- sionary leadership of Chairman CONYERS and versities, a grace period is maintained to sub- tions from their basic research. These Subcommittee Chairman BERMAN, joined by stantially reduce the negative impact to these innovators must rely upon the licensing proc- Mr. SMITH and Mr. COBLE, their counterparts inventors. ess to monetize their ideas and inventions.

VerDate Aug 31 2005 02:43 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K07SE7.060 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10280 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Thus, it is very important that we take care not litigation process. H.R. 1908 would restore couple of years, and it was deserved. to harm this incubator of tomorrow’s techno- balance to this statute by allowing cases to be But that represents less than 1 percent logical breakthroughs. The bill before us brought in a variety of locales—including of their revenues. What they are trying strikes the proper balance. where the defendant is incorporated or has its to do is use this bill to make it harder In addition, it should also be pointed out that principal place of business or has committed a for small inventors and others to file. included in the bill is another of my amend- substantial portion of the acts of infringement What does this bill change? It says to ments adopted during the full committee mark- and has a physical facility controlled by the an inventor, unlike since 1709 in this up requiring the PTO Director to conduct a defendant. H.R. 1908 makes patent reform liti- country, when we say if you are first to study on the effectiveness and efficiency of gation more efficient by providing the Federal invent, that patent belongs to us, they the amendments to section 5 of the bill, and Circuit jurisdiction over interlocutory decisions, want to change it to first-to-file. In submit to the Committees on the Judiciary of known as Markman orders, in which the dis- other words, they can file it anywhere the House of Representatives and the Senate trict court construes the claims of a patent as else in the world and someone else can a report on the results of the study. The report a matter of law. take that and infringe on that inven- must include any recommendations the Direc- CONCLUSION tion. It is not first-invention anymore, tor may have on amendments to the law add In short, Mr. Chairman, the argument for it is first-to-file. Boy, there is a lot any other recommendations the Director may supporting H.R. 1908 can be summed up as more to say and our time should not be have with respect to the right of the inventor follows: For those who are confident about the squashed in this House on an issue of to obtain damages for patent infringement. future, the bill, as amended, offers vindication. such vital importance to the industrial The study must be done not later than the end For those who are skeptical that the new and the commercial base of this coun- of the 7-year period beginning on the date of changes will work, the Jackson-Lee amend- try. enactment of this Act and at the end of every ments added to the bill will provide the evi- Mr. CONYERS. Mr. Chairman, I yield 7-year period after the date of the first study. dence they need to prove their case. And for 2 minutes to the gentleman from Maine In adopting this amendment, the Judiciary those who believe that maintaining the status (Mr. MICHAUD). Committee reported that: quo is intolerable, the legislation before us of- Mr. MICHAUD. Mr. Chairman, I [T]he amendments in section 5 of the bill fers the best way forward. thank the gentleman for yielding. will have many positive effects on the patent I urge all members to join me in supporting Today I rise in strong opposition to the system, but that the changes are sufficiently passage of this landmark legislation. Patent Reform Act of 2007. While I ap- significant to require periodic monitoring. Mr. SMITH of Texas. Mr. Chairman, I preciate all of the hard work that By examining the effects of these changes on reserve the balance of my time. Chairman BERMAN did on this bill, I a regular basis, and by paying attention to Mr. CONYERS. Mr. Chairman, I am think this bill is bad for our manufac- such feedback as may be obtained through pleased to call on my neighbor and turing industry. these studies, Congress can ensure that any unforeseen negative consequences that may friend, MARCY KAPTUR from Toledo, We have been told that the manager’s arise can be dealt with through future legis- Ohio; and I recognize her for 2 minutes. amendment significantly improves the lation or other mechanisms. Ms. KAPTUR. Mr. Chairman, I thank bill. It actually is worse than the un- WILLFUL INFRINGEMENT AND PRIOR USE RIGHTS my good friend from the great State of derlying bill, especially with respect to the damages section in the bill. This The legislation also contains certain limita- Michigan, the chairman of the com- bill is fundamentally flawed. It can’t tions on willful infringement. A court may only mittee, for yielding. Unfortunately, I have to disagree be fixed by the manager’s amendment. find willful infringement if the patent owner with him on this bill and urge my col- This bill will weaken patent protec- shows, by clear and convincing evidence, that leagues to vote ‘‘no’’ on H.R. 1908 be- tion by making patents less reliable, (1) the infringer, after receiving detailed written cause we don’t want to weaken the U.S. easier to challenge, and cheaper to in- notice from the patentee, performed the acts patent system. This is surely not the fringe. This bill severely threatens of infringement, (2) the infringer intentionally time with a trillion-dollar trade deficit American innovation, jobs and com- copied the patented invention with knowledge to do more selling out of America and petitiveness and ought to be opposed. that it was patented, or (3) after having been to try to harmonize our standards Hundreds of companies and organiza- found by a court to have infringed a patent, down to some of the worst intellectual tions around the country have written the infringer engaged in conduct that again in- property pirates like China. Congress to raise their strong opposi- fringed on the same patent. An allegation of This bill essentially makes it easier tion and their strong objections to cer- willfulness is subject to a ‘‘good faith’’ defense. for infringers to steal U.S. inventions, tain provisions of this bill. Manufac- H.R. 1908 also expands the ‘‘prior user rights’’ and it is truly sad that we are only turers, organized labor, biotech, defense to infringement, where an earlier in- given a few seconds to talk about this. nanotech, pharmaceuticals, small busi- ventor began using a product or process (al- That alone should tell our colleagues, nesses, universities, and economic de- though unpatented) before another obtained a vote ‘‘no,’’ give us a chance to open velopment organizations have serious patent for it. this up and talk about how this is concerns about this legislation. POST-GRANT PROCEDURES AND OTHER QUALITY going to affect jobs in America. Foreign companies are watching this ENHANCEMENTS This bill affects two-thirds to 80 per- legislation and are eager to attack U.S. Another beneficial feature of H.R. 1908 is cent of the asset value of all U.S. firms. patents. The Economic Times reports that it cures the principal deficiencies of re-ex- Most industrial companies in this that Indian companies see an oppor- amination procedures and creates a new, country oppose it. Over 200 organiza- tunity to challenge our patents; and by post-grant review that provides an effective tions across this country oppose it, in- doing so, they will leave our businesses and efficient system for considering challenges cluding the electronics industry, phar- in a litigation crisis. to the validity of patents. Addressing concerns maceuticals, small inventors, and uni- We are compromising many of our in- that one seeking to cancel a patent could versities. And, yet, we just get a few dustries by passing this bill. We are abuse a post -grant review procedure, the bill seconds here. creating a litigation nightmare. We establishes a single opportunity for challenge Let me tell you what is going on. Mr. need to proceed to get a better bill, and that must be initiated within 12 months of the EMANUEL was down here earlier reading I urge my colleagues to defeat this leg- patent being granted. It also requires the PTO a list of the big semiconductor compa- islation so we can move forward on leg- Director to prescribe rules for abuse of dis- nies, the high-tech firms. This bill does islation with more people who will sup- covery or improper use of the proceeding, lim- heavily benefit them because they are port patent reform which has to be its the types of prior art which may be consid- some of the worst intellectual property changed. I urge my colleagues to defeat ered, and prohibits a party from reasserting infringers. this legislation. claims in court that it raised in post-grant re- What this bill does is it supports Mr. CONYERS. Mr. Chairman, I take view. those large transnational corporations 5 seconds to assure my distinguished VENUE AND JURISDICTION that repeatedly infringe on the patents friend from Maine that I have more in- Finally, the bill also addresses changes to of others, and they are looking to re- dustry in my State than he does, and I venue, to address extensive forum shopping duce what they have to pay in the am protecting them pretty much. and provides for interlocutory appeals to help courts. Now, they have had to pay Mr. SMITH of Texas. Mr. Chairman, I clarify the claims of the inventions early in the about $3.5 billion in fines over the last yield the balance of my time to Mr.

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.052 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10281 ISSA, a member of the Judiciary Com- language serves as a follow-up to our recent Coast Angels, Townsend and Townsend mittee and the holder of 37 U.S. pat- meeting. On behalf of the San Diego innova- and Crew. ents. tion community and CONNECT members, we DRAFT DAMAGES LANGUAGE request your continued leadership and Mr. ISSA. Mr. Chairman, for those SEC. 5. RIGHT OF THE INVENTOR TO OBTAIN strongly urge your consideration of the fol- DAMAGES. who may be interested, some of my lowing improvements to the bill. patents have expired and more will. (a) DAMAGES.—Section 284 is amended— APPORTIONMENT OF DAMAGES I am no longer a day-to-day inventor; (1) in the first paragraph— As you well know, the damages provision (A) by striking ‘‘Upon’’ and inserting ‘‘(a) but I will always have the soul of an in- in the patent statute is a critical part of pat- IN GENERAL.—Upon’’; ventor, the belief that in fact if you ent law and a vital part of strong patent pro- (B) by designating the second undesignated have an idea, you can go to the Patent tection, which CONNECT supports. We be- paragraph as subsection (c); and Office and for a relative de minimis lieve our patent system must have appro- (C) by inserting after subsection (a) (as amount of money you can in fact pro- priate consequences that serve as a deterrent designated by subparagraph (A) of this para- tect that idea for a period of 20 years for stealing intellectual property. However, graph) the following: from the time you ask the Patent Of- we do not want the law modified to the point ‘‘(b) RESONABLE ROALTY.— ‘‘(1) IN GENERAL.—An award pursuant to fice to protect your invention and give where patent infringement is simply a cost of doing business. Per our meeting, we have subsection (a) that is based upon a reason- you an opportunity to make a small or worked with your staff to develop the draft able royalty shall be determined in accord- not-so-small fortune off of it. language at the end of this letter to address ance with this subsection. Based on the facts I don’t think there is anyone in the this important matter. of the case, the court shall consider the ap- Congress who owes their reason for Further, the courts must have flexibility plicability of paragraph (2), (3) and (5) in cal- being here to the success of patents in the assessment of damages. The bill takes culating a reasonable royalty. The court more than myself. My company grew away this flexibility. The judicial system is shall identify the factors that are relevant to and thrived because we were able to working. A judge either accepts a jury deci- the determination of a reasonable royalty under the applicable paragraph, and the protect our intellectual property, pat- sion or not, and the appeals system is in place to handle additional grievances. We en- court or jury, as the case may be, shall con- ents, copyrights and trademarks. So courage you to avoid binding the court with sider only those factors in making the deter- since I have been here as a non-attor- a prescribed mechanism and ask you to con- mination. ney coming to the Congress and asking sider the language following this letter that ‘‘(2) RELATIONSHIP OF DAMAGES TO CON- to be on the Judiciary Committee, a preserves judges’ flexibility. TRIBUTIONS OVER PRIOR ART.—If an infringer little bit like Sonny Bono, that is RULEMAKING shows evidence that features not covered by the claimed invention contribute economic where the things he knew about were The existing rulemaking language in the value to the accused product or process, an legislated. He knew about copyrights bill is too expansive and gives the U.S. Pat- analysis may be conducted to ensure that a ent and Trademark Office (PTO) unparal- and songs; I know a little bit about reasonable royalty under subsection (a) is leled authority. Congress is expressly given patents, and a lot about the flaws in applied only to that economic value properly authority in the U.S. Constitution to safe- the system. attributable to the claimed invention. The guard intellectual property. In addition, we And, Mr. Chairman, there are many court, or the jury, as the case may be, may believe this excessively broad rulemaking exclude from the analysis the economic flaws in the system. This bill has been power could lead to instability in the patent value properly attributable to features not the best work by the best minds, both system. Congress is better equipped to de- covered by the claimed invention that con- by Members of Congress, but also by velop standards through legislative means. tribute economic value to the infringing staff, trade associations and industry, As such, we urge you to follow the Senate’s product or process. lead and remove the PTO rulemaking provi- to bring out those mistakes and to try ‘‘(3) ENTIRE MARKET VALUE.—If the claim- sion from the House bill. to find solutions. ant shows that the claimed invention is the Today you have heard a lot of anger USER FEES predominant basis for market demand for a and rancor about China. Nobody could The diversion of user fees has long been a product or process that has a functional rela- want America to prosper more than I concern because it hinders the PTO’s ability tionship with the claimed invention, dam- do. But, in fact, by next year more to hire examiners and eliminate the backlog ages may be based upon the entire market than half of all patents in the U.S. will of patents. It now takes approximately 31 value of the products or professes involved months for a patent to be issued, and a 2005 be granted to non-U.S. companies. This that satisfy that demand. congressional report stated that without fee ‘‘(4) COMBINATION INVENTIONS.—For pur- is not a debate about protecting pat- diversion the patent backlog would lower to poses of paragraphs (2) and (3), in the case of ents against foreigners. Foreigners are about 22 months. a combination product or process the ele- patenting in our country, and we invite Given this, we respectfully ask that you ments of which are present individually in that innovation. It has often led to include language, identical to Senator the prior art, the patentee may show that prosperity in all aspects of America. Coburn’s amendment to S. 1145, to prevent the economic value attributable to the in- I include a long letter from UCSD the diversion of fees collected by the PTO for fringing product includes the value of the ad- CONNECT, an organization founded by general revenue purposes by cancelling the ditional function resulting from the com- appropriations account for PTO fees and cre- Bill Otterson and the University of bination, as well as the enhanced value, if ating a new account in the U.S. Treasury for any, of some or all of the prior art elements California at San Diego, in which they, the fees to be deposited. resulting from the combination. along with California Healthcare Insti- VENUE ‘‘(5) OTHER FACTORS.—In determining a rea- tute, BIOCOM, Gen-Probe, Invitrogen, We favor balanced venue language with re- sonable royalty, the court may also consider, Pfizer, Qualcomm and others who all spect to the parties that is also symmetrical or direct the jury to consider, the terms of say this is a good bill, but we have in terms of transfer. Venue should be proper any nonexclusive marketplace licensing of some additional areas we would like to in a district or division: (1) in which either the invention, where appropriate, as well as find compromise on. Some of the party resides or (2) where the defendant has any other relevant factors under applicable things in this letter of yesterday are committed acts of infringement and has a law.’’ included in the manager’s amendment. regular and established place of business. Mr. Chairman, this is a work in proc- Some will be included in amendments Specifically, we urge a return to the pre- ess; but since when does this body say markup venue provision in H.R. 1908. that will be heard on the floor in a few that in fact the good will be sacrificed Thank you, again, for your consideration in search of the perfect? We have never minutes. of our views and the accompanying draft lan- CONNECT, guage. Though we do not support the bill as done that. Every bill that goes through September 5, 2007. currently written, we want to work with you here is by definition the best work we Hon. DARRELL ISSA, to make the legislation a means to strength- can do as a continuous body, one that Washington, DC. en the patent system to advance innovation, will come back after this bill becomes DEAR REPRESENTATIVE ISSA: We greatly ap- promote entrepreneurship and boost job law and continue working on refine- preciate the time you spent meeting with growth. We look forward to continuing to ments. CONNECT last week to discuss the Patent work with you to achieve these goals. I would like to quickly say there will Reform Act, H.R. 1908. Thank you for your Sincerely, be amendments that will be offered efforts to improve the bill and, in particular, CONNECT, AMN Healthcare, California your ongoing work on the post-grant review Healthcare Institute, BIOCOM, Gen- that will deal with some of the very provision. Probe, Invitrogen, Pfizer, QUALCOMM, issues that people have said today are Given the immediacy of the House floor San Diego State University Research an outrage because they are not there. consideration, this letter and ensuing draft Foundation Tech Transfer Office, Tech I hope that my colleagues, even if they

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.063 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10282 CONGRESSIONAL RECORD — HOUSE September 7, 2007 do not vote for the final bill, will come caution as we move forward. Our patent laws Intellectual Property Promotion, I rise and support the amendments that have not had an overhaul in many decades, in strong support of this patent reform make this bill better because as a body while technology has advanced exponentially. legislation because it is critical for the what we do best is we take the best Not all of our patent laws fit today with the ad- continued growth of American busi- ideas from the best places we can get vancements we have seen in electronics, bio- nesses and the creation of high-paying them, we bring them together and we technology, and many other areas. Impor- jobs in America. create the best bill we possibly can. tantly, many commentators and practitioners This bill will nurture and protect in- That is what we have done here are concerned with the preponderance of ventors, thereby promoting future Al- today. It is the best work available. over-zealous litigation and what some deem exander Graham Bells and tomorrow’s People who are dissenting today, we exaggerated damages awards. Microsofts. welcome on a bipartisan basis their Both of these issues are addressed in part For more than 200 years, strong pat- input to find language that will make in this bill. The creation of a post grant review ent protection, along with timely ex- it better. procedure at the Patent Office will help direct amination of patent applications, has Mr. Chairman, in closing, the one some conflicts away from court to an adminis- helped secure the economic success of thing I would say is we are past the trative remedy, hopefully saving vast re- the United States by empowering in- ventors and encouraging the develop- point of compromise. What we are into sources in time and money. Damages awards ment of American business both large is finding win/wins. We are looking to are addressed in encouraging courts to look and small. take issues in which one side is for and toward apportioning damages more often, or one side is against and find real middle allowing damages that represent the value of b 1330 ground, and we have done that in a an infringed invention in a product into which Every day, Americans rely on the in- couple of areas, and we will continue to the invention is incorporated. novation that comes from our patent want to do that. With damages and several other issues in system. From new computer tech- I am a small inventor. I want to this legislation, there is still work to be done. nologies to medicines for America’s make sure that the small inventor is But to keep this process moving, to keep par- seniors, the American patent system protected. That is why this bill is going ties negotiating in good faith, I believe we provides the fuel for our most impor- to maintain the right of the small in- must support this bill today and commit to im- tant technological accomplishments. ventor, or any inventor, to retain the proving it in the weeks to come. In America today, our capacity to secrecy of their invention if they are I am offering two amendments today to help come up with new ideas actually out- not granted a patent. That is why we address issues that opponents of this legisla- strips the value of the goods we make. are going to limit the regulatory au- tion have highlighted over the forgoing nego- The licensing of U.S. patents contrib- thority of the PTO so that for a time, tiation process. The first maintains the ability utes approximately $150 billion to our as long as we need to, every time they of patent applicants to keep their application annual economy, and intellectual prop- propose a rule, we will have a right and from going public until action is taken by the erty, including patents, is the only eco- an obligation to consider it and if even patent office. Opponents of the current bill nomic area where the United States one Member of this body opposes it, to argue that, because the legislation before us maintains a solid trade surplus with bring to a vote that opposition to the eliminates this option, entities at home and the rest of the world. rule. abroad will steal an applicant’s ideas. My A well-functioning patent system is These kinds of compromises and win/ amendment solves this problem. vital to America’s commercial and sci- wins and thoughtful legislation are un- The second amendment focuses on the entific entrepreneurs and preserves the usual in this body. That is why I be- ability of the United States Patent and Trade- incentives for innovation guaranteed lieve that this will win overwhelming mark Office to promulgate rules. The PTO cur- under the United States Constitution. support here. We will continue to work rently has limited ability to do so, and oppo- This legislation will make America to find an even better bill in conference nents of this legislation argue that the very more competitive in the global mar- ketplace, not less. We need to support with the Senate because, in fact, we ability of the United States to compete in a Mr. BERMAN and Mr. CONYERS in their are a bicameral body. We have to, in global economy could be adversely affected effort to produce what I would respect- fact, get something that both sides can by a bad rule put forth by the PTO. My fully suggest is the most important live with. amendment requires a 60-day delay before economic legislation that this House In closing, I want to thank Mr. BER- PTO rules take effect so that Congress may will pass. This is excellent for Amer- MAN, Mr. CONYERS, and certainly Mr. have the opportunity to review these rules. If ica’s workers; it’s excellent for Amer- SMITH and Mr. COBLE because they Congress finds the rule unacceptable, it has ica’s universities and our economy at have made this the best bill we can the ability to vote on a Joint Resolution of Dis- large. possibly have. approval nullifying the PTO’s action. If Con- Ms. HIRONO. Mr. Chairman, I rise in reluc- Mr. Chairman, I rise in support of H.R. gress does nothing, the rule takes effect. tant opposition to H.R. 1908, the Patent Re- 1908, the Patent Reform Act of 2007. While Therefore, this amendment helps to ameliorate form Act. we will continue to improve the bill as this concerns over possible PTO action that could I applaud the House Judiciary Committee process moves forward, I support the product harm innovation in the United States. and the House Judiciary Subcommittee on before us and look forward to ongoing efforts Even opponents of the underlying bill should Courts, the Internet, and Intellectual Property to strengthen this legislation. support these amendments. While my amend- for their efforts in putting together this com- As the holder of 37 United States patents, ments do not cure all ills in the legislation as prehensive bill. However, I cannot in good I came to Congress with the desire to tackle seen by its opponents, they do address two conscience support the Patent Reform Act in elements I found awry in our patent laws. very controversial problems in the bill. its current form given the concerns that con- While in the private sector, I litigated several I thank Judiciary Committee Ranking Mem- tinue to be raised from organizations in my patent cases before our district courts and the ber LAMAR SMITH and Subcommittee Chairman district and at least 100 companies nation- United States Court of Appeals for the Federal HOWARD BERMAN for all of their effort on this wide. Circuit. Through these experiences, I learned legislation, and I especially thank them for Organizations in my district, such as the Ha- a great deal about patent law, both what was their indulgences in hearing my thoughts on waii Science & Technology Council and Uni- right with the law and areas that could use im- these issues as we have worked over the versity of Hawaii’s Office of Technology Trans- provement. years on patent reform. We have worked long fer and Economic Development, have raised One area in need of improvement is in the and hard on this bill, and I have the full inten- concerns regarding the provisions on manda- ability of district court judges to hear patent tion to continue our work together after today’s tory publication, prior user rights, apportion- cases effectively. I am gratified that the House votes. ment of damages, and post-grant review, passed legislation I authored to address this Mr. CONYERS. Mr. Chairman, I now which may discourage investment in innova- problem in the last two congresses. However, introduce for our closing speaker the tive technologies, harm inventors, and reduce we are here today to deal with the substance distinguished gentleman from Florida, publication and collaborative activities among of patent law, not our judges’ ability to master Mr. BOB WEXLER, to have the balance academic scientists. I want to make sure that it. of our time. the final bill that becomes law protects the in- There are strong arguments in favor of re- Mr. WEXLER. Mr. Chairman, a co- terests of Hawaii’s burgeoning high technology form, as well as strong arguments in favor of chair of the Congressional Caucus on industry and small inventors.

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K07SE7.064 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10283 This bill remains a work-in-progress that Numerous technology firms, both large and through the patent process. With that pursuit certainly requires more debate. Our patent small are opposed to this bill, as well as, brings the need for related capital that is often system serves as the basis for America’s inno- many universities. These are the people on required from outside investors to further the vation. It is my hope that the concerns and the forefront of our technological future and research and development that brings the pat- needs of our inventors will be addressed in their voice and opposition need to be heard. ent holder’s idea to consumers across the conference should this bill pass the House as Innovation and advancement are key to the world. California is home to some of the most I very much want to be able to support the future of America. It is my concern that this bill impressive and entrepreneurial high-tech, bio- final conference report. will tilt the legal balance in favor of patent in- tech and entertainment industries that rely Mr. ETHERIDGE. Mr. Chairman, I rise in fringers and discourage innovation and invest- heavily on patent protection and copyright opposition to H.R. 1908, Patent Reform Act of ment in research and development. We must laws. Each of these industries, and their hun- 2007. protect our innovators and allow them to pur- dreds of thousands of employees, will be While I recognize the need for some reform sue concise and necessary action in the court greatly impacted by these changes. of the United States’ patent process, I believe of law. This basic concept of innovation is as crit- we must proceed carefully and with the goal of Ms. MATSUI. Mr. Chairman, I rise today in ical in the high-tech field as it is in the health improvement for the many stakeholders af- support of the progress to our Nation’s com- sciences and biotech realm. However, as fected by the patent system. We should con- petitiveness that the Patent Reform Act rep- many of my colleagues have pointed out tinue to work towards an efficient system that resents. Patents are vital to our universities, today, the interaction between competitors and issues high-quality patents and places reason- our large and small companies, our entre- the role of patent protections differs greatly able limits on patent challenges. Although preneurs, and our economy. Our advances in between fields. There is no one-size-fits-all so- there are some provisions in H.R. 1908 that technology are clearly demonstrated by the lution. As this legislation moves forward and is could prove beneficial, this far-reaching bill vast increase in patent applications submitted. considered in conference, it is my hope that could do serious harm to many of the impor- Our policies and procedures governing the the conferees will be aware of the concerns tant employers in my district. United States patent process must be updated that have been expressed by the biotech in- North Carolina benefits greatly from its to keep pace with our inventors. The Patent dustry and take these concerns into consider- strong university system. Institutions including Reform Act takes significant steps towards ation. the University of North Carolina at Chapel Hill that goal. Again, I would like to reiterate my support of and North Carolina State University in my dis- I appreciate the extensive patent portfolio this long awaited legislation. There has been trict serve as engines for research and innova- that is generated by the cutting-edge research remarkable bipartisan work on this legislation tion that help to drive the state’s economy. In at the University of California. These innova- over the past several years and I am proud to addition, the 2nd Congressional District of tions provide the intellectual property that busi- cast my vote in support of it. North Carolina contains a number of pharma- nesses depend on to develop new products. I Mr. UDALL of Colorado. Mr. Chairman, ceutical companies and biotechnology compa- have heard from numerous constituents in my while I have some concerns about this bill, I nies that provide thousands of jobs and are district on this issue who benefit from the tech- will vote for it because I think on balance it de- helping to transform our economy. Along with nology transfer process. I am happy to rep- serves to be approved as a necessary step to- many of the traditional manufacturing compa- resent their interests by supporting patent re- ward needed improvements in the current law. nies in North Carolina, the lifeblood of these form. This is an incredibly complex topic, as I am far from expert in the intricacies of pat- institutions is the value of the patents they we face the challenge of legislating a single ent law, so I have listened carefully to those hold. These entities have expressed opposi- patent system to meet the needs of many in- with more knowledge, including several com- tion to any measure that would weaken their dustries. panies employing substantial numbers of patent portfolios. H.R. 1908 in its current form I commend Subcommittee Chairman BER- Coloradans that utilize patents in various would endanger the value of their patents and MAN, Chairman CONYERS, Ranking Member fields. While they are not unanimous, most of harm their ability to continue fueling our econ- SMITH, and the entire House Judiciary Com- omy. them have urged support for the legislation. Our patent system has long been a wonder- mittee for their diligence. They have worked I have also noted that the passage of the ful tool that has helped to foster innovation tirelessly with hundreds of stakeholders to legislation, as a step toward needed improve- and reward American ingenuity. Patents, and reach the carefully crafted bill that we have on ments in the current law, is supported by the their value and validity, serve as the backbone the floor today. I thank the committee and its Consumers Federation of America, Con- for thousands of companies and help form the staff for their long commitment to patent re- sumers Union, the Electronic Frontier Founda- basis of our economy. Congress should con- form. The product of their years of work, the tion, and other groups including the Financial tinue to work to reform the system in a way Patent Reform Act, will improve our nation’s Services Roundtable. that benefits all of the varied interests that competitiveness and start moving our coun- At the same time, I have listened to the con- keep our economy strong. I hope the con- try’s patent system into the 21st century. cerns expressed by others who have raised a ference committee on H.R. 1908 can correct Mrs. BONO. Mr. Chairman, today I rise in number of objections to the bill and think that its shortcomings so I can support and Con- support of the Patent Reform Act of 2007. I its defects are so serious as to merit rejection gress can enact comprehensive reform of our would like to commend Congressman BER- of the legislation in its current form. patent process. MAN, Congressman SMITH and the many Mem- I take those objections seriously, but I have Ms. EDDIE BERNICE JOHNSON of Texas. bers of the House, on both sides of the aisle, decided that nonetheless the better outcome Mr. Chairman, I rise today to commend Chair- who have worked diligently to bring this legis- today is for the House to pass the bill and for man CONYERS and the House Leadership for lation before us. As one who cares deeply further discussion of the points they raise to their diligence in addressing the issue of pat- about the importance of strong legal protec- occur in the context of debate in the Senate ent reform, and to express why I unfortunately tions for copyright and other intellectual prop- and then a conference between that body and must oppose this bill in its current form. erty rights, I look forward to supporting this bill the House of Representatives. There is an overwhelming need to move today. Mrs. MCCARTHY of New York. Mr. Chair- patents through the approval process quickly, My experience with the importance of intel- man, I will support H.R. 1908 with some res- fairly, and economically. I commend this bill on lectual property rights has been in the field of ervations. many of the positive changes it makes to the entertainment, specifically music. The greatest Our patent laws need to be updated to ad- reform system, but I remain concerned about protection that the innovators of these songs dress the concerns of a 21st Century global provisions that may dramatically restrict dam- and performances have is their ability to copy- economy. For decades, the law has reacted to ages payable by infringers. It is my fear that right. To continue encouraging involvement innovation rather than anticipating it. H.R. this bill will alter the current system in favor of and growth in the area of entertainment and 1908 contains many positive provisions that defendants resulting in further backlogs. the myriad of jobs that are tied to the industry, will make it easier for us to compete. I, there- These changes to the current system would it is critical that patents are protected, in order fore, want the process to move forward. ultimately hurt existing patent owners. to support the many creative individuals who The American economy is strong in part be- In addition, this bill implements a post grant bring music to the masses. cause it is diverse. We do not depend on only review process that will lead to duplicative Many of the issues that we address in Con- one segment for our income. Some countries challenges, resulting in an increase to the cost gress from telecommunications to energy to grow crops. Others rely on tourism. Still other of patent ownership and significantly decreas- health care advancements all have their basis countries depend on finite natural resources. ing the enforceability, predictability and value in a few core concepts—the ability for small Some specialize in manufacturing or providing of all patents. and large inventors to pursue a unique idea specific services. We are fortunate enough to

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\A07SE7.026 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10284 CONGRESSIONAL RECORD — HOUSE September 7, 2007 be able to conduct all these businesses and fornia, as well as major consumer groups such would grind innovation to a halt, patent hold- more. as Consumer Federation of America, Con- ers still are granted injunctions today to pro- A revised patent law must protect and en- sumers Union, and U.S. PIRG. tect their intellectual property. In fact, the pat- courage all segments of our economy. We I urge my colleagues to support this bill ent system is healthier as a result. cannot favor high tech over manufacturing. which will restore balance to our patent sys- H.R. 1908 will restore fairness and common We cannot discourage biotech research while tem. sense to the standards for awarding reason- encouraging financial services. Ms. WOOLSEY. Mr. Chairman, the patent able damages. If our economic foundation remains strong reform bill before us today is a necessary step Today, patent holders regularly are awarded and diversified, we will be able to retain our to modernize and streamline our patent proc- damages based on the value of an entire preeminent role in the world’s economy. How- ess to ensure American innovation will keep product, even if the patent in question is one ever, if our patent laws inhibit invention and in- our country competitive. It’s been over 50 of literally thousands of other patented compo- novation in manufacturing and basic research, years since we have updated our patent proc- nents comprising the product. then we would be undermining the very ess. That’s before the Internet, before per- Additionally, H.R. 1908 will give trained pat- strength of our national economy. sonal computers, and before digital music. Ac- ent examiners greater ability to review patents As the legislative process continues, I hope tually, it’s 5 years before they launched Sput- and enhance patent quality. that the authors of H.R. 1908 and the mem- nik. So, there can be no doubt that reforming Innovation is indeed threatened not by bers of the other body will remember one im- the system to accommodate a new era of in- changes to the system, but by the status quo. portant point. The purpose of our patent law is novation is needed. After years of debate, it’s time for action. to protect and promote American innovation. Although this bill isn’t perfect, I think that it One area of particular interest to me is the Innovation by Americans and for Americans is does move the ball forward in terms of reform- language in the manager’s amendment deal- the keystone to our domestic economic vitality ing the system. Clearly, additional patent re- ing with venue reform. and strength. form is needed in the pharmaceutical and bio- I am pleased the Chairman included venue The final version of patent reform must ad- medical industry as there are many issues left reform language in the manager’s amend- dress the legitimate interests of manufacturing, unresolved by H.R. 1908. Hopefully these ment. biotech, and small inventors. My vote on a issues can be addressed in conference with At the Judiciary Committee, Representative final patent reform bill will depend on how well the Senate. ZOE LOFGREN of California offered an amend- those interests are met. Mr. Chairman, I commend my colleagues on ment that I cosponsored that would inject san- Ms. ESHOO. Mr. Chairman, I rise in strong the Judiciary committee for all of their hard ity into the patent litigation system. support of this legislation which I am proud to work on this bill, it’s been fifty-five years in the The venue reform language will create a cosponsor, and I congratulate Chairman BER- making, and it’s time for an update. real and substantial relationship between the MAN for his exceptional leadership and on this Mr. CANNON. Mr. Chairman, I urge you to parties and the acts of infringement by deny- complex issue. support the Patent Reform Act of 2007, H.R. ing the ability to manufacture venue for hopes I am proud to represent Silicon Valley, 1908. of gaming the judicial system. which is known worldwide for the innovation Certain aspects of our patent system have During years of efforts on litigation reform, and developing technologies that continue to not been amended since 1954, but our econ- we have learned about what some have re- change and improve our lives. Nowhere in omy has changed dramatically since then and ferred to as Judicial Hell Holes. America—nowhere in the world—are ideas, in- it’s time our patent system caught up. These locations are where judges apply vention, and intellectual property more impor- H.R. 1908 was introduced and is supported laws and procedures in an unfair and unbal- tant. by the bipartisan leadership of the Judiciary anced manner. Patents and IP are the cornerstone of the Committee and was approved by the com- The underlying legislation’s intent is to bring Information Economy, and it is essential that mittee in a unanimous voice vote. fairness and balance into the patent system. the United States patent system continue to For the sake of our Nation’s ability to inno- And the venue language will bring fairness foster the ideas and innovation which fuel our vate, grow and compete, we must pass this and balance to patent litigation. economy and keep America competitive. legislation. This amendment will not close the court The patent system, unfortunately, has been The danger of not reforming our patent sys- house door on any plaintiff. subject to abuse, and unscrupulous opportun- tem is real and we are witnessing its effects But it will require legitimate nexus for where ists have exploited the rights granted to legiti- today. claims may be brought. mate patent holders to target innovative com- Patents of questionable validity are limiting The nexus requirements of the amendment panies and file groundless lawsuits based on competition and raising prices for con- will prevent groups or entities from artificially dubious patents. sumers—a fact noted by the Federal Trade manipulating presence in a judicial district just The rapid pace of innovation and increas- Commission in a 2003 report. to game the system to file suit. ingly complex patent filings have strained the In addition, current interpretations of patent Swift passage of H.R. 1908 will stimulate in- Patent and Trademark Office and patent law by district and appellate courts have novation, competition and growth—great news claims of questionable validity have been veered far from what Congress originally in- for consumers, workers and our global eco- granted. tended. nomic leadership. Loopholes and shortcomings in the disposi- The result is that companies are diverting I urge support of H.R. 1908. tion of patent cases also allow baseless resources from R&D to pay for legal defense. Mrs. TAUSCHER. Mr. Chairman, I rise claims of infringement to create unnecessary Because interpretations of patent law are so today to commend the work of my colleague, litigation and extort nuisance settlements, sap- off-course, the U.S. Supreme Court has had to Chairman HOWARD BERMAN, on the Patent Re- ping billions from economic growth, and cre- intervene in an unusually high number of pat- form Act of 2007. ating a drag on real innovation. ent cases in recent years. This bill is a necessary step forward in the Technology companies have become par- In one case, the Court explicitly called for modernization of a patent system that has not ticularly enticing targets for this litigation be- Congress to take action. been meaningfully updated for decades. cause of the broad importance of patents to We have been debating patent reform for I urge my colleagues to show their support technology products. Just a single piece of years. Such issues as post-grant review and for reform by casting a vote for this bill. high-tech equipment can contain hundreds of damages apportionment have been compo- This bill will result in higher quality patents patents, and any one of them can now be nents of various patent reform bills in the emerging from the Patent and Trademark Of- used to sue for the value of the entire product. House and Senate over the course of the last fice. One company in Silicon Valley—Cisco Sys- several sessions and have been discussed at It will harmonize our patent system with that tems—spent $45 million this year to defend length in nearly every forum, from Congres- of our major trading partners. patent infringement cases. sional hearings to the media. And it will improve fairness in litigation by It is time to implement reforms to the patent One issue that generated the most debate preventing ‘‘patent trolls’’ from shopping system and ensure that we reward truly novel in previous Congresses—injunctions—was re- around for friendly courts. ideas and cutting edge innovation, not suc- solved by the U.S. Supreme Court in 2006 in At the same time, I look forward to working cessful litigation strategies. much the same way as proposed legislation with Congressman BERMAN to fine-tune a This bipartisan legislation enjoys broad sup- would have done. number of provisions in this bill. port throughout the technology industry, major Yet despite predictions from some that re- In my State of California, our economy is universities including the University of Cali- forming the standards for granting injunctions based on the incredible advances made by

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\A07SE7.044 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10285 university researchers, the high-tech sector, cation under section 119, 365(a), or 365(b) or to ‘‘(B) For purposes of subparagraph (A), the and the life sciences industry. the benefit of an earlier filing date in the United term ‘joint research agreement’ means a written Innovations in all sectors must be afforded States under section 120, 121, or 365(c), the filing contract, grant, or cooperative agreement en- the strongest possible protection. date of the earliest such application in which tered into by two or more persons or entities for the claimed invention is disclosed in the manner the performance of experimental, developmental, This has particular importance for small ven- provided by section 112(a). or research work in the field of the claimed in- ture-backed firms whose patents are their only ‘‘(i) The term ‘claimed invention’ means the vention. asset. subject matter defined by a claim in a patent or ‘‘(4) PATENTS AND PUBLISHED APPLICATIONS With this in mind, I look forward to seeing an application for a patent. EFFECTIVELY FILED.—A patent or application for improvements to provisions governing the way ‘‘(j) The term ‘joint invention’ means an in- patent is effectively filed under subsection (a)(2) damage awards are calculated in patent suits. vention resulting from the collaboration of in- with respect to any subject matter described in The inequitable conduct defense and the ventive endeavors of two or more persons work- the patent or application— issue of continuations also deserve further re- ing toward the same end and producing an in- ‘‘(A) as of the filing date of the patent or the vention by their collective efforts.’’. application for patent; or view and revision. (b) CONDITIONS FOR PATENTABILITY.— ‘‘(B) if the patent or application for patent is I again applaud Chairman BERMAN for his (1) IN GENERAL.—Section 102 is amended to entitled to claim a right of priority under section efforts, and urge my colleagues to support read as follows: 119, 365(a), or 365(b) or to claim the benefit of an H.R. 1908. ‘‘§ 102. Conditions for patentability; novelty earlier filing date under section 120, 121, or The Acting CHAIRMAN (Mr. ROSS). 365(c), based upon one or more prior filed appli- ‘‘(a) NOVELTY; PRIOR ART.—A patent for a cations for patent, as of the filing date of the All time for general debate has expired. claimed invention may not be obtained if— earliest such application that describes the sub- Pursuant to the rule, the amendment ‘‘(1) the claimed invention was patented, de- ject matter.’’. in the nature of a substitute printed in scribed in a printed publication, in public use, the bill shall be considered as an origi- (2) CONFORMING AMENDMENT.—The item relat- or on sale— ing to section 102 in the table of sections for ‘‘(A) more than one year before the effective nal bill for the purpose of amendment chapter 10 is amended to read as follows: filing date of the claimed invention; or under the 5-minute rule and shall be ‘‘102. Conditions for patentability; novelty.’’. considered read. ‘‘(B) one year or less before the effective filing (c) CONDITIONS FOR PATENTABILITY; NON-OB- The text of the amendment in the na- date of the claimed invention, other than through disclosures made by the inventor or a VIOUS SUBJECT MATTER.—Section 103 is amend- ture of a substitute is as follows: joint inventor or by others who obtained the ed to read as follows: H.R. 1908 subject matter disclosed directly or indirectly ‘‘§ 103. Conditions for patentability; non- Be it enacted by the Senate and House of Rep- from the inventor or a joint inventor; or obvious subject matter resentatives of the United States of America in ‘‘(2) the claimed invention was described in a ‘‘A patent for a claimed invention may not be Congress assembled, patent issued under section 151, or in an appli- obtained though the claimed invention is not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cation for patent published or deemed published identically disclosed as set forth in section 102, (a) SHORT TITLE.—This Act may be cited as under section 122(b), in which the patent or ap- if the differences between the claimed invention the ‘‘Patent Reform Act of 2007’’. plication, as the case may be, names another in- and the prior art are such that the claimed in- (b) TABLE OF CONTENTS.—The table of con- ventor and was effectively filed before the effec- vention as a whole would have been obvious be- tents of this Act is as follows: tive filing date of the claimed invention. fore the effective filing date of the claimed in- Sec. 1. Short title; table of contents. ‘‘(b) EXCEPTIONS.— vention to a person having ordinary skill in the Sec. 2. Reference to title 35, United States Code. ‘‘(1) PRIOR INVENTOR DISCLOSURE EXCEP- art to which the claimed invention pertains. Sec. 3. Right of the first inventor to file. TION.—Subject matter that would otherwise Patentability shall not be negated by the man- Sec. 4. Inventor’s oath or declaration. qualify as prior art based upon a disclosure ner in which the invention was made.’’. Sec. 5. Right of the inventor to obtain damages. under subparagraph (B) of subsection (a)(1) (d) REPEAL OF REQUIREMENTS FOR INVENTIONS Sec. 6. Post-grant procedures and other quality shall not be prior art to a claimed invention MADE ABROAD.—Section 104, and the item relat- enhancements. under that subparagraph if the subject matter ing to that section in the table of sections for Sec. 7. Definitions; patent trial and appeal had, before such disclosure, been publicly dis- chapter 10, are repealed. board. closed by the inventor or a joint inventor or oth- (e) REPEAL OF STATUTORY INVENTION REG- Sec. 8. Study and report on reexamination pro- ers who obtained the subject matter disclosed di- ISTRATION.— ceedings. rectly or indirectly from the inventor or a joint (1) IN GENERAL.—Section 157, and the item re- Sec. 9. Submissions by third parties and other inventor. lating to that section in the table of sections for quality enhancements. ‘‘(2) DERIVATION, PRIOR DISCLOSURE, AND chapter 14, are repealed. Sec. 10. Tax planning methods not patentable. COMMON ASSIGNMENT EXCEPTIONS.—Subject mat- (2) REMOVAL OF CROSS REFERENCES.—Section Sec. 11. Venue and jurisdiction. ter that would otherwise qualify as prior art 111(b)(8) is amended by striking ‘‘sections 115, Sec. 12. Additional information; inequitable only under subsection (a)(2) shall not be prior 131, 135, and 157’’ and inserting ‘‘sections 131 conduct as defense to infringe- art to a claimed invention if— and 135’’. ment. ‘‘(A) the subject matter was obtained directly (f) EARLIER FILING DATE FOR INVENTOR AND Sec. 13. Best mode requirement. or indirectly from the inventor or a joint inven- JOINT INVENTOR.—Section 120 is amended by Sec. 14. Regulatory authority. tor; striking ‘‘which is filed by an inventor or inven- Sec. 15. Technical amendments. ‘‘(B) the subject matter had been publicly dis- tors named’’ and inserting ‘‘which names an in- Sec. 16. Study of special masters in patent closed by the inventor or a joint inventor or oth- ventor or joint inventor’’. cases. ers who obtained the subject matter disclosed di- (g) CONFORMING AMENDMENTS.— Sec. 17. Rule of construction. rectly or indirectly from the inventor or a joint (1) RIGHT OF PRIORITY.—Section 172 is amend- SEC. 2. REFERENCE TO TITLE 35, UNITED STATES inventor before the date on which the applica- ed by striking ‘‘and the time specified in section CODE. tion or patent referred to in subsection (a)(2) 102(d)’’. Whenever in this Act a section or other provi- was effectively filed; or (2) LIMITATION ON REMEDIES.—Section sion is amended or repealed, that amendment or ‘‘(C) the subject matter and the claimed inven- 287(c)(4) is amended by striking ‘‘the earliest ef- repeal shall be considered to be made to that tion, not later than the effective filing date of fective filing date of which is prior to’’ and in- section or other provision of title 35, United the claimed invention, were owned by the same serting ‘‘which has an effective filing date be- States Code. person or subject to an obligation of assignment fore’’. SEC. 3. RIGHT OF THE FIRST INVENTOR TO FILE. to the same person. (3) INTERNATIONAL APPLICATION DESIGNATING (a) DEFINITIONS.—Section 100 is amended by ‘‘(3) JOINT RESEARCH AGREEMENT EXCEPTION.— THE UNITED STATES: EFFECT.—Section 363 is adding at the end the following: ‘‘(A) IN GENERAL.—Subject matter and a amended by striking ‘‘except as otherwise pro- ‘‘(f) The term ‘inventor’ means the individual claimed invention shall be deemed to have been vided in section 102(e) of this title’’. or, if a joint invention, the individuals collec- owned by the same person or subject to an obli- (4) PUBLICATION OF INTERNATIONAL APPLICA- tively who invented or discovered the subject gation of assignment to the same person in ap- TION: EFFECT.—Section 374 is amended by strik- matter of an invention. plying the provisions of paragraph (2) if— ing ‘‘sections 102(e) and 154(d)’’ and inserting ‘‘(g) The terms ‘joint inventor’ and ‘co- ‘‘(i) the claimed invention was made by or on ‘‘section 154(d)’’. inventor’ mean any one of the individuals who behalf of parties to a joint research agreement (5) PATENT ISSUED ON INTERNATIONAL APPLICA- invented or discovered the subject matter of a that was in effect on or before the effective fil- TION: EFFECT.—The second sentence of section joint invention. ing date of the claimed invention; 375(a) is amended by striking ‘‘Subject to section ‘‘(h) The ‘effective filing date of a claimed in- ‘‘(ii) the claimed invention was made as a re- 102(e) of this title, such’’ and inserting ‘‘Such’’. vention’ is— sult of activities undertaken within the scope of (6) LIMIT ON RIGHT OF PRIORITY.—Section ‘‘(1) the filing date of the patent or the appli- the joint research agreement; and 119(a) is amended by striking ‘‘; but no patent cation for patent containing the claim to the in- ‘‘(iii) the application for patent for the shall be granted’’ and all that follows through vention; or claimed invention discloses or is amended to dis- ‘‘one year prior to such filing’’. ‘‘(2) if the patent or application for patent is close the names of the parties to the joint re- (7) INVENTIONS MADE WITH FEDERAL ASSIST- entitled to a right of priority of any other appli- search agreement. ANCE.—Section 202(c) is amended—

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A07SE7.048 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10286 CONGRESSIONAL RECORD — HOUSE September 7, 2007 (A) in paragraph (2)— (i) in subsection (b)— (10) The item relating to section 146 in the (i) by striking ‘‘publication, on sale, or public (I) by striking ‘‘(b)(1) A claim’’ and inserting table of sections for chapter 13 is amended to use,’’ and all that follows through ‘‘obtained in the following: read as follows: the United States’’ and inserting ‘‘the 1-year pe- ‘‘(b) SAME CLAIMS.— ‘‘146. Civil action in case of derivation pro- riod referred to in section 102(a) would end be- ‘‘(1) ISSUED PATENTS.—A claim’’; and ceeding.’’. fore the end of that 2-year period’’; and (II) by striking ‘‘(2) A claim’’ and inserting (11) CERTAIN APPEALS.—Subsection (ii) by striking ‘‘the statutory’’ and inserting the following: 1295(a)(4)(A) of title 28, United States Code, is ‘‘that 1-year’’; and ‘‘(2) PUBLISHED APPLICATIONS.—A claim’’; and (III) moving the remaining text of paragraphs amended to read as follows: (B) in paragraph (3), by striking ‘‘any statu- ‘‘(A) the Patent Trial and Appeal Board of tory bar date that may occur under this title (1) and (2) 2 ems to the right; (ii) in subsection (c)— the United States Patent and Trademark Office due to publication, on sale, or public use’’ and with respect to patent applications, derivation inserting ‘‘the expiration of the 1-year period re- (I) by striking ‘‘(c) Any agreement’’ and in- serting the following: proceedings, and post-grant review proceedings, ferred to in section 102(a)’’. at the instance of an applicant for a patent or (h) REPEAL OF INTERFERING PATENT REM- ‘‘(c) AGREEMENTS TO TERMINATE PRO- any party to a patent interference (commenced EDIES.—Section 291, and the item relating to CEEDINGS.— before the effective date provided in section 3(k) that section in the table of sections for chapter ‘‘(1) IN GENERAL.—Any agreement’’; of the Patent Reform Act of 2007), derivation 29, are repealed. (II) by striking ‘‘an interference’’ and insert- proceeding, or post-grant review proceeding, (i) ACTION FOR CLAIM TO PATENT ON DERIVED ing ‘‘a derivation proceeding’’; (III) by striking ‘‘the interference’’ each place and any such appeal shall waive any right of INVENTION.— such applicant or party to proceed under section (1) IN GENERAL.—Section 135(a) is amended to it appears and inserting ‘‘the derivation pro- 145 or 146 of title 35;’’. read as follows: ceeding’’; (IV) in the second paragraph, by striking (k) EFFECTIVE DATE.— ‘‘(a) DISPUTE OVER RIGHT TO PATENT.— (1) IN GENERAL.—The amendments made by ‘‘(1) INSTITUTION OF DERIVATION PRO- ‘‘The Director’’ and inserting the following: ‘‘(2) NOTICE.—The Director’’; this section— CEEDING.— (V) by amending the third paragraph to read (A) shall take effect 90 days after the date on ‘‘(A) REQUEST FOR PROCEEDING.—An appli- which the President transmits to the Congress a cant may request initiation of a derivation pro- as follows: ‘‘(3) JUDICIAL REVIEW.—Any discretionary ac- finding that major patenting authorities have ceeding to determine the right of the applicant tion of the Director under this subsection shall adopted a grace period having substantially the to a patent by filing a request that sets forth be reviewable under chapter 7 of title 5.’’; and same effect as that contained under the amend- with particularity the basis for finding that an- (VI) by moving the remaining text of para- ments made by this section; and other applicant derived the claimed invention graphs (1) and (2) of subsection (c) 2 ems to the (B) shall apply to all applications for patent from the applicant requesting the proceeding right; and that are filed on or after the effective date and, without authorization, filed an application (iii) in subsection (d)— under subparagraph (A). claiming such invention. Any such request— (I) by striking ‘‘(d) Parties’’ and inserting (2) DEFINITIONS.—In this subsection: ‘‘(i) may only be made within 12 months after ‘‘(d) ARBITRATION.—Parties’’; (A) MAJOR PATENTING AUTHORITIES.—The the earlier of— (II) by striking ‘‘a patent interference’’ and term ‘‘major patenting authorities’’ means at ‘‘(I) the date on which a patent is issued con- inserting ‘‘a derivation proceeding’’; and least the patenting authorities in Europe and taining a claim that is the same or substantially (III) by striking ‘‘the interference’’ and insert- Japan. the same as the claimed invention; or ing ‘‘the derivation proceeding’’. (B) GRACE PERIOD.—The term ‘‘grace period’’ ‘‘(II) the date of first publication of an appli- (j) ELIMINATION OF REFERENCES TO INTER- means the 1-year period ending on the effective cation containing a claim that is the same or is FERENCES.—(1) Sections 41(a)(6), 134, 141, 145, filing date of a claimed invention, during which substantially the same as the claimed invention; 146, 154, 305, and 314 are each amended by strik- disclosures of the subject matter by the inventor and ing ‘‘Board of Patent Appeals and Inter- or a joint inventor, or by others who obtained ‘‘(ii) must be made under oath, and must be ferences’’ each place it appears and inserting the subject matter disclosed directly or indirectly supported by substantial evidence. ‘‘Patent Trial and Appeal Board’’. from the inventor or a joint inventor, do not ‘‘(B) DETERMINATION OF DIRECTOR.—When- (2) Section 141 is amended— qualify as prior art to the claimed invention. ever the Director determines that patents or ap- (A) by striking ‘‘an interference’’ and insert- (C) EFFECTIVE FILING DATE.—The term ‘‘effec- plications for patent naming different individ- ing ‘‘a derivation proceeding’’; and tive filing date of a claimed invention’’ means, uals as the inventor interfere with one another (B) by striking ‘‘interference’’ each additional with respect to a patenting authority in another because of a dispute over the right to patent place it appears and inserting ‘‘derivation pro- country, a date equivalent to the effective filing under section 101 on the basis of a request under ceeding’’. date of a claimed invention as defined in section subparagraph (A), the Director shall institute a (3) Section 146 is amended— 100(h) of title 35, United States Code, as added derivation proceeding for the purpose of deter- (A) in the first paragraph— by subsection (a) of this section. mining which applicant is entitled to a patent. (i) by striking ‘‘Any party’’ and inserting ‘‘(a) (l) REVIEW EVERY 7 YEARS.—Not later than ‘‘(2) DETERMINATION BY PATENT TRIAL AND AP- IN GENERAL.—Any party’’; the end of the 7-year period beginning on the ef- PEAL BOARD.—In any proceeding under this (ii) by striking ‘‘an interference’’ and insert- fective date under subsection (k), and the end of subsection, the Patent Trial and Appeal ing ‘‘a derivation proceeding’’; and every 7-year period thereafter, the Under Sec- Board— (iii) by striking ‘‘interference’’ each additional retary of Commerce for Intellectual Property ‘‘(A) shall determine the question of the right place it appears and inserting ‘‘derivation pro- and Director of the United States Patent and to patent; ceeding’’; and Trademark Office (in this subsection referred to ‘‘(B) in appropriate circumstances, may cor- (B) in the second paragraph, by striking as the ‘‘Director’’) shall— rect the naming of the inventor in any applica- ‘‘Such suit’’ and inserting ‘‘(b) PROCEDURE.—A (1) conduct a study on the effectiveness and tion or patent at issue; and suit under subsection (a)’’ efficiency of the amendments made by this sec- ‘‘(C) shall issue a final decision on the right (4) The section heading for section 134 is tion; and to patent. amended to read as follows: (2) submit to the Committees on the Judiciary ‘‘(3) DERIVATION PROCEEDING.—The Patent ‘‘§ 134. Appeal to the Patent Trial and Appeal of the House of Representatives and the Senate Trial and Appeal Board may defer action on a Board’’. a report on the results of the study, including request to initiate a derivation proceeding for up (5) The section heading for section 135 is any recommendations the Director has on to three months after the date on which the Di- amended to read as follows: amendments to the law and other recommenda- rector issues a patent to the applicant that filed tions of the Director with respect to the first-to- the earlier application. ‘‘§ 135. Derivation proceedings’’. file system implemented under the amendments ‘‘(4) EFFECT OF FINAL DECISION.—The final de- (6) The section heading for section 146 is made by this section. cision of the Patent Trial and Appeal Board in amended to read as follows: SEC. 4. INVENTOR’S OATH OR DECLARATION. a derivation proceeding, if adverse to the claim ‘‘§ 146. Civil action in case of derivation pro- of an applicant, shall constitute the final re- (a) INVENTOR’S OATH OR DECLARATION.— ceeding’’. (1) IN GENERAL.—Section 115 is amended to fusal by the Patent and Trademark Office on (7) Section 154(b)(1)(C) is amended by striking the claims involved. The Director may issue a read as follows: ‘‘INTERFERENCES’’ and inserting ‘‘DERIVATION patent to an applicant who is determined by the ‘‘§ 115. Inventor’s oath or declaration PROCEEDINGS’’. Patent Trial and Appeal Board to have the (8) The item relating to section 6 in the table ‘‘(a) NAMING THE INVENTOR; INVENTOR’S OATH right to a patent. The final decision of the of sections for chapter 1 is amended to read as OR DECLARATION.—An application for patent Board, if adverse to a patentee, shall, if no ap- follows: that is filed under section 111(a), that com- peal or other review of the decision has been or mences the national stage under section 363, or can be taken or had, constitute cancellation of ‘‘6. Patent Trial and Appeal Board.’’. that is filed by an inventor for an invention for the claims involved in the patent, and notice of (9) The items relating to sections 134 and 135 which an application has previously been filed such cancellation shall be endorsed on copies of in the table of sections for chapter 12 are under this title by that inventor shall include, the patent distributed after such cancellation by amended to read as follows: or be amended to include, the name of the in- the Patent and Trademark Office.’’. ‘‘134. Appeal to the Patent Trial and Appeal ventor of any claimed invention in the applica- (2) CONFORMING AMENDMENTS.—(A) Section Board. tion. Except as otherwise provided in this sec- 135 is further amended— ‘‘135. Derivation proceedings.’’. tion, each individual who is the inventor or a

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joint inventor of a claimed invention in an ap- any time. If a change is made in the naming of (d) EFFECTIVE DATE.—The amendments made plication for patent shall execute an oath or the inventor requiring the filing of 1 or more ad- by this section— declaration in connection with the application. ditional statements under this section, such ad- (1) shall take effect at the end of the 1-year ‘‘(b) REQUIRED STATEMENTS.—An oath or dec- ditional statements shall be filed in accordance period beginning on the date of the enactment laration by an individual under subsection (a) with regulations established by the Director. of this Act; and shall contain statements that— ‘‘(2) SUPPLEMENTAL STATEMENTS NOT RE- (2) shall apply to any application for patent, ‘‘(1) the application was made or was author- QUIRED.—If an individual has executed an oath or application for reissue patent, that is filed on ized to be made by individual; and or declaration under subsection (a) or an as- or after the effective date under paragraph (1). ‘‘(2) the individual believes himself or herself signment meeting the requirements of subsection SEC. 5. RIGHT OF THE INVENTOR TO OBTAIN to be the original inventor or an original joint (e) with respect to an application for patent, the DAMAGES. inventor of a claimed invention in the applica- Director may not thereafter require that indi- (a) DAMAGES.—Section 284 is amended— tion. vidual to make any additional oath, declara- (1) in the first paragraph, by striking ‘‘Upon’’ ‘‘(c) ADDITIONAL REQUIREMENTS.—The Direc- tion, or other statement equivalent to those re- and inserting ‘‘(a) IN GENERAL.—Upon’’; tor may specify additional information relating quired by this section in connection with the ap- (2) by designating the second undesignated to the inventor and the invention that is re- plication for patent or any patent issuing there- paragraph as subsection (c); quired to be included in an oath or declaration on. (3) by inserting after subsection (a) (as des- under subsection (a). ‘‘(3) SAVINGS CLAUSE.—No patent shall be in- ignated by paragraph (1) of this subsection) the ‘‘(d) SUBSTITUTE STATEMENT.— valid or unenforceable based upon the failure to following: ‘‘(1) IN GENERAL.—In lieu of executing an comply with a requirement under this section if ‘‘(b) REASONABLE ROYALTY.— oath or declaration under subsection (a), the the failure is remedied as provided under para- ‘‘(1) IN GENERAL.—An award pursuant to sub- applicant for patent may provide a substitute graph (1). section (a) that is based upon a reasonable roy- statement under the circumstances described in ‘‘(i) ACKNOWLEDGMENT OF PENALTIES.—Any alty shall be determined in accordance with this paragraph (2) and such additional cir- declaration or statement filed under this section subsection. Based on the facts of the case, the cumstances that the Director may specify by must contain an acknowledgment that any will- court shall determine whether paragraph (2), regulation. ful false statement is punishable by fine or im- (3), or (5) will be used by the court or the jury ‘‘(2) PERMITTED CIRCUMSTANCES.—A substitute prisonment, or both, under section 1001 of title in calculating a reasonable royalty. The court statement under paragraph (1) is permitted with 18.’’. shall identify the factors that are relevant to the respect to any individual who— (2) RELATIONSHIP TO DIVISIONAL APPLICA- determination of a reasonable royalty under the ‘‘(A) is unable to file the oath or declaration TIONS.—Section 121 is amended by striking ‘‘If a applicable paragraph, and the court or jury, as under subsection (a) because the individual— divisional application’’ and all that follows the case may be, shall consider only those fac- ‘‘(i) is deceased; through ‘‘inventor.’’. tors in making the determination. ‘‘(ii) is under legal incapacity; or (3) REQUIREMENTS FOR NONPROVISIONAL AP- ‘‘(2) RELATIONSHIP OF DAMAGES TO CONTRIBU- ‘‘(iii) cannot be found or reached after dili- PLICATIONS.—Section 111(a) is amended— TIONS OVER PRIOR ART.—The court shall conduct gent effort; or (A) in paragraph (2)(C), by striking ‘‘by the an analysis to ensure that a reasonable royalty ‘‘(B) is under an obligation to assign the in- applicant’’ and inserting ‘‘or declaration’’; under subsection (a) is applied only to that eco- vention and has refused to make the oath or (B) in the heading for paragraph (3), by strik- nomic value properly attributable to the patent’s declaration required under subsection (a). ing ‘‘AND OATH’’; and specific contribution over the prior art. The ‘‘(3) CONTENTS.—A substitute statement under (C) by striking ‘‘and oath’’ each place it ap- court shall exclude from the analysis the eco- this subsection shall— pears. nomic value properly attributable to the prior ‘‘(A) identify the individual with respect to (4) CONFORMING AMENDMENT.—The item relat- art, and other features or improvements, wheth- whom the statement applies; ing to section 115 in the table of sections for er or not themselves patented, that contribute ‘‘(B) set forth the circumstances representing chapter 11 is amended to read as follows: economic value to the infringing product or the permitted basis for the filing of the sub- ‘‘115. Inventor’s oath or declaration.’’. process. stitute statement in lieu of the oath or declara- ‘‘(3) ENTIRE MARKET VALUE.—Unless the (b) FILING BY OTHER THAN INVENTOR.—Sec- tion under subsection (a); and claimant shows that the patent’s specific con- tion 118 is amended to read as follows: ‘‘(C) contain any additional information, in- tribution over the prior art is the predominant cluding any showing, required by the Director. ‘‘§ 118. Filing by other than inventor basis for market demand for an infringing prod- ‘‘(e) MAKING REQUIRED STATEMENTS IN AS- ‘‘A person to whom the inventor has assigned uct or process, damages may not be based upon SIGNMENT OF RECORD.—An individual who is or is under an obligation to assign the invention the entire market value of the products or proc- under an obligation of assignment of an appli- may make an application for patent. A person esses involved that satisfy that demand. cation for patent may include the required who otherwise shows sufficient proprietary in- ‘‘(4) COMBINATION INVENTIONS.—For purposes statements under subsections (b) and (c) in the terest in the matter may make an application for of paragraphs (2) and (3), in the case of a com- assignment executed by the individual, in lieu of patent on behalf of and as agent for the inven- bination invention the elements of which are filing such statements separately. tor on proof of the pertinent facts and a show- present individually in the prior art, the pat- ‘‘(f) TIME FOR FILING.—A notice of allowance ing that such action is appropriate to preserve entee may show that the contribution over the under section 151 may be provided to an appli- the rights of the parties. If the Director grants prior art may include the value of the addi- cant for patent only if the applicant for patent a patent on an application filed under this sec- tional function resulting from the combination, has filed each required oath or declaration tion by a person other than the inventor, the as well as the enhanced value, if any, of some under subsection (a) or has filed a substitute patent shall be granted to the real party in in- or all of the prior art elements resulting from the statement under subsection (d) or recorded an terest and upon such notice to the inventor as combination. assignment meeting the requirements of sub- the Director considers to be sufficient.’’. ‘‘(5) OTHER FACTORS.—In determining a rea- section (e). (c) SPECIFICATION.—Section 112 is amended— sonable royalty, the court may also consider, or ‘‘(g) EARLIER-FILED APPLICATION CONTAINING (1) in the first paragraph—— direct the jury to consider, the terms of any REQUIRED STATEMENTS OR SUBSTITUTE STATE- (A) by striking ‘‘The specification’’ and in- nonexclusive marketplace licensing of the inven- MENT.—The requirements under this section serting ‘‘(a) IN GENERAL.—The specification’’; tion, where appropriate, as well as any other shall not apply to an individual with respect to and relevant factors under applicable law.’’; an application for patent in which the indi- (B) by striking ‘‘of carrying out his inven- (4) by amending subsection (c) (as designated vidual is named as the inventor or a joint inven- tion’’ and inserting ‘‘or joint inventor of car- by paragraph (1) of this subsection) to read as tor and that claims the benefit of an earlier fil- rying out the invention’’; and follows: ing date under section 120 or 365(c), if— (2) in the second paragraph— ‘‘(c) WILLFUL INFRINGEMENT.— ‘‘(1) an oath or declaration meeting the re- (A) by striking ‘‘The specification’’ and in- ‘‘(1) INCREASED DAMAGES.—A court that has quirements of subsection (a) was executed by the serting ‘‘(b) CONCLUSION.—The specification’’; determined that the infringer has willfully in- individual and was filed in connection with the and fringed a patent or patents may increase the earlier-filed application; (B) by striking ‘‘applicant regards as his in- damages up to three times the amount of dam- ‘‘(2) a substitute statement meeting the re- vention’’ and inserting ‘‘inventor or a joint in- ages found or assessed under subsection (a), ex- quirements of subsection (d) was filed in the ventor regards as the invention’’; cept that increased damages under this para- earlier filed application with respect to the indi- (3) in the third paragraph, by striking ‘‘A graph shall not apply to provisional rights vidual; or claim’’ and inserting ‘‘(c) FORM.—A claim’’; under section 154(d). ‘‘(3) an assignment meeting the requirements (4) in the fourth paragraph, by striking ‘‘Sub- ‘‘(2) PERMITTED GROUNDS FOR WILLFULNESS.— of subsection (e) was executed with respect to ject to the following paragraph,’’ and inserting A court may find that an infringer has willfully the earlier-filed application by the individual ‘‘(d) REFERENCE IN DEPENDENT FORMS.—Subject infringed a patent only if the patent owner pre- and was recorded in connection with the earlier- to subsection (e),’’; sents clear and convincing evidence that— filed application. (5) in the fifth paragraph, by striking ‘‘A ‘‘(A) after receiving written notice from the ‘‘(h) SUPPLEMENTAL AND CORRECTED STATE- claim’’ and inserting ‘‘(e) REFERENCE IN MUL- patentee— MENTS; FILING ADDITIONAL STATEMENTS.— TIPLE DEPENDENT FORM.—A claim’’; and ‘‘(i) alleging acts of infringement in a manner ‘‘(1) IN GENERAL.—Any person making a state- (6) in the last paragraph, by striking ‘‘An ele- sufficient to give the infringer an objectively ment required under this section may withdraw, ment’’ and inserting ‘‘(f) ELEMENT IN CLAIM FOR reasonable apprehension of suit on such patent, replace, or otherwise correct the statement at A COMBINATION.—An element’’. and

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 6333 E:\CR\FM\A07SE7.049 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10288 CONGRESSIONAL RECORD — HOUSE September 7, 2007 ‘‘(ii) identifying with particularity each claim (3) by amending the heading to read as fol- section 302, the Director shall determine whether of the patent, each product or process that the lows: a substantial new question of patentability af- patent owner alleges infringes the patent, and ‘‘§ 273. Special defenses to and exemptions fecting any claim of the patent concerned is the relationship of such product or process to from infringement’’. raised by the request, with or without consider- such claim, ation of other patents or printed publications. (c) TABLE OF SECTIONS.—The item relating to the infringer, after a reasonable opportunity to On the Director’s own initiative, and at any section 273 in the table of sections for chapter 28 time, the Director may determine whether a sub- investigate, thereafter performed one or more of is amended to read as follows: the alleged acts of infringement; stantial new question of patentability is raised ‘‘273. Special defenses to and exemptions from ‘‘(B) the infringer intentionally copied the by patents and publications discovered by the infringement.’’. patented invention with knowledge that it was Director, is cited under section 301, or is cited by (d) EFFECTIVE DATE.—The amendments made patented; or any person other than the owner of the patent by this section shall apply to any civil action ‘‘(C) after having been found by a court to under section 302 or section 311. The existence of commenced on or after the date of the enact- have infringed that patent, the infringer en- a substantial new question of patentability is ment of this Act. gaged in conduct that was not colorably dif- not precluded by the fact that a patent or print- (e) REVIEW EVERY 7 YEARS.—Not later than ed publication was previously cited by or to the ferent from the conduct previously found to the end of the 7-year period beginning on the have infringed the patent, and that resulted in Office or considered by the Office.’’. date of the enactment of this Act, and the end (c) CONDUCT OF INTER PARTES PRO- a separate finding of infringement of the same of every 7-year period thereafter, the Under Sec- CEEDINGS.—Section 314 is amended— patent. retary of Commerce for Intellectual Property (1) in the first sentence of subsection (a), by ‘‘(3) LIMITATIONS ON WILLFULNESS.—(A) A and Director of the United States Patent and striking ‘‘conducted according to the procedures court may not find that an infringer has will- Trademark Office (in this subsection referred to established for initial examination under the fully infringed a patent under paragraph (2) for as the ‘‘Director’’) shall— provisions of sections 132 and 133’’ and inserting any period of time during which the infringer (1) conduct a study on the effectiveness and ‘‘heard by an administrative patent judge in ac- had an informed good faith belief that the pat- efficiency of the amendments made by this sec- cordance with procedures which the Director ent was invalid or unenforceable, or would not tion; and shall establish’’; be infringed by the conduct later shown to con- (2) submit to the Committees on the Judiciary (2) in subsection (b), by striking paragraph (2) stitute infringement of the patent. of the House of Representatives and the Senate and inserting the following: ‘‘(B) An informed good faith belief within the a report on the results of the study, including ‘‘(2) The third-party requester shall have the meaning of subparagraph (A) may be estab- any recommendations the Director has on opportunity to file written comments on any ac- lished by— amendments to the law and other recommenda- tion on the merits by the Office in the inter ‘‘(i) reasonable reliance on advice of counsel; tions of the Director with respect to the right of partes reexamination proceeding, and on any ‘‘(ii) evidence that the infringer sought to the inventor to obtain damages for patent in- response that the patent owner files to such an modify its conduct to avoid infringement once it fringement. action, if those written comments are received had discovered the patent; or SEC. 6. POST-GRANT PROCEDURES AND OTHER by the Office within 60 days after the date of ‘‘(iii) other evidence a court may find suffi- QUALITY ENHANCEMENTS. service on the third-party requester of the Office cient to establish such good faith belief. (a) CITATION OF PRIOR ART.— action or patent owner response, as the case ‘‘(C) The decision of the infringer not to (1) IN GENERAL.—Section 301 is amended to may be.’’; and present evidence of advice of counsel is not rel- read as follows: (3) by adding at the end the following: ‘‘(d) ORAL HEARING.—At the request of a third evant to a determination of willful infringement ‘‘§ 301. Citation of prior art under paragraph (2). party requestor or the patent owner, the admin- ‘‘(a) IN GENERAL.—Any person at any time ‘‘(4) LIMITATION ON PLEADING.—Before the istrative patent judge shall conduct an oral may cite to the Office in writing— date on which a court determines that the pat- hearing, unless the judge finds cause lacking for ‘‘(1) prior art consisting of patents or printed ent in suit is not invalid, is enforceable, and has such hearing.’’. publications which that person believes to have been infringed by the infringer, a patentee may (d) ESTOPPEL.—Section 315(c) is amended by a bearing on the patentability of any claim of a not plead and a court may not determine that striking ‘‘or could have raised’’. particular patent; or (e) REEXAMINATION PROHIBITED AFTER DIS- an infringer has willfully infringed a patent. ‘‘(2) written statements of the patent owner TRICT COURT DECISION.—Section 317(b) is The court’s determination of an infringer’s will- filed in a proceeding before a Federal court or amended— fulness shall be made without a jury.’’; and the Patent and Trademark Office in which the (1) in the subsection heading, by striking (5) in the third undesignated paragraph, by patent owner takes a position on the scope of ‘‘FINAL DECISION’’ and inserting ‘‘DISTRICT striking ‘‘The court’’ and inserting ‘‘(d) EXPERT one or more patent claims. COURT DECISION’’; and ESTIMONY T .—The court’’. ‘‘(b) SUBMISSIONS PART OF OFFICIAL FILE.—If (2) by striking ‘‘Once a final decision has been (b) DEFENSE TO INFRINGEMENT BASED ON EAR- the person citing prior art or written submis- entered’’ and inserting ‘‘Once the judgment of LIER INVENTOR.—Section 273 is amended— sions under subsection (a) explains in writing the district court has been entered’’. (1) in subsection (a)— the pertinence and manner of applying the prior (f) POST-GRANT OPPOSITION PROCEDURES.— (A) in paragraph (1)— art or written submissions to at least one claim (1) IN GENERAL.—Part III is amended by add- (i) by striking ‘‘of a method’’; and of the patent, the citation of the prior art or ing at the end the following new chapter: (ii) by striking ‘‘review period;’’ and inserting written submissions (as the case may be) and ‘‘CHAPTER 32—POST-GRANT REVIEW ‘‘review period; and’’; the explanation thereof shall become a part of PROCEDURES (B) in paragraph (2)(B), by striking the semi- the official file of the patent. ‘‘Sec. colon at the end and inserting a period; and ‘‘(c) PROCEDURES FOR WRITTEN STATE- ‘‘321. Petition for post-grant review. (C) by striking paragraphs (3) and (4); MENTS.— ‘‘322. Timing and bases of petition. (2) in subsection (b)— ‘‘(1) SUBMISSION OF ADDITIONAL MATERIALS.— ‘‘323. Requirements of petition. (A) in paragraph (1)— A party that submits written statements under ‘‘324. Prohibited filings. ‘‘325. Submission of additional information; (i) by striking ‘‘for a method’’; and subsection (a)(2) in a proceeding shall include showing of sufficient grounds. (ii) by striking ‘‘at least 1 year before the ef- any other documents, pleadings, or evidence ‘‘326. Conduct of post-grant review proceedings. fective filing date of such patent, and’’ and all from the proceeding that address the patent that follows through the period and inserting ‘‘327. Patent owner response. owner’s statements or the claims addressed by ‘‘328. Proof and evidentiary standards. ‘‘and commercially used, or made substantial the written statements. ‘‘329. Amendment of the patent. preparations for commercial use of, the subject ‘‘(2) LIMITATION ON USE OF STATEMENTS.— ‘‘330. Decision of the Board. matter before the effective filing date of the Written statements submitted under subsection ‘‘331. Effect of decision. claimed invention.’’; (a)(2) shall not be considered for any purpose ‘‘332. Settlement. (B) in paragraph (2)— other than to determine the proper meaning of ‘‘333. Relationship to other pending pro- (i) by striking ‘‘The sale or other disposition the claims that are the subject of the request in ceedings. of a useful end product produced by a patented a proceeding ordered pursuant to section 304 or ‘‘334. Effect of decisions rendered in civil action method’’ and inserting ‘‘The sale or other dis- 313. Any such written statements, and any ma- on post-grant review proceedings. position of subject matter that qualifies for the terials submitted under paragraph (1), that are ‘‘335. Effect of final decision on future pro- defense set forth in this section’’; and subject to an applicable protective order shall be ceedings. ‘‘336. Appeal. (ii) by striking ‘‘a defense under this section redacted to exclude information subject to the with respect to that useful end result’’ and in- order. ‘‘§ 321. Petition for post-grant review serting ‘‘such defense’’; ‘‘(d) IDENTITY WITHHELD.—Upon the written ‘‘Subject to sections 322, 324, 332, and 333, a (C) in paragraph (3)— request of the person citing prior art or written person who is not the patent owner may file (i) by striking subparagraph (A); and statements under subsection (a), the person’s with the Office a petition for cancellation seek- (ii) by redesignating subparagraphs (B) and identity shall be excluded from the patent file ing to institute a post-grant review proceeding (C) as subparagraphs (A) and (B), respectively; and kept confidential.’’. to cancel as unpatentable any claim of a patent and (b) REEXAMINATION.—Section 303(a) is amend- on any ground that could be raised under para- (D) in paragraph (7), by striking ‘‘of the pat- ed to read as follows: graph (2) or (3) of section 282(b) (relating to in- ent’’ and inserting ‘‘of the claimed invention’’; ‘‘(a) Within three months after the owner of a validity of the patent or any claim). The Direc- and patent files a request for reexamination under tor shall establish, by regulation, fees to be paid

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by the person requesting the proceeding, in such ‘‘(b) POST-GRANT REGULATIONS.—Regulations tion 330 and the time for appeal has expired or amounts as the Director determines to be rea- under subsection (a)(1)— any appeal proceeding has terminated, the Di- sonable. ‘‘(1) shall require that the final determination rector shall issue and publish a certificate can- ‘‘§ 322. Timing and bases of petition in a post-grant proceeding issue not later than celing any claim of the patent finally deter- one year after the date on which the post-grant mined to be unpatentable and incorporating in ‘‘A post-grant proceeding may be instituted review proceeding is instituted under this chap- the patent by operation of the certificate any under this chapter pursuant to a cancellation ter, except that, for good cause shown, the Di- new claim determined to be patentable. petition filed under section 321 only if— rector may extend the 1-year period by not more ‘‘(1) the petition is filed not later than 12 ‘‘(b) NEW CLAIMS.—Any new claim held to be than six months; patentable and incorporated into a patent in a months after the grant of the patent or issuance ‘‘(2) shall provide for discovery upon order of of a reissue patent, as the case may be; or post-grant review proceeding shall have the the Director; same effect as that specified in section 252 for ‘‘(2) the patent owner consents in writing to ‘‘(3) shall provide for publication of notice in reissued patents on the right of any person who the proceeding. the Federal Register of the filing of a petition made, purchased, offered to sell, or used within ‘‘§ 323. Requirements of petition for post-grant review under this chapter, for the United States, or imported into the United publication of the petition, and documents, or- ‘‘A cancellation petition filed under section States, anything patented by such new claim, or ders, and decisions relating to the petition, on 321 may be considered only if— who made substantial preparations therefor, be- the website of the Patent and Trademark Office, ‘‘(1) the petition is accompanied by payment fore a certificate under subsection (a) of this and for filings under seal exempt from publica- of the fee established by the Director under sec- section is issued. tion 321; tion requirements; ‘‘(2) the petition identifies the cancellation pe- ‘‘(4) shall prescribe sanctions for abuse of dis- ‘‘§ 332. Settlement titioner; and covery, abuse of process, or any other improper use of the proceeding, such as to harass or to ‘‘(a) IN GENERAL.—A post-grant review pro- ‘‘(3) the petition sets forth in writing the basis ceeding shall be terminated with respect to any for the cancellation, identifying each claim cause unnecessary delay or unnecessary in- crease in the cost of the proceeding; petitioner upon the joint request of the peti- challenged and providing such information as tioner and the patent owner, unless the Patent the Director may require by regulation, and in- ‘‘(5) may provide for protective orders gov- erning the exchange and submission of con- Trial and Appeal Board has issued a written de- cludes copies of patents and printed publica- cision before the request for termination is filed. tions that the cancellation petitioner relies upon fidential information; and ‘‘(6) shall ensure that any information sub- If the post-grant review proceeding is termi- in support of the petition; and nated with respect to a petitioner under this ‘‘(4) the petitioner provides copies of those mitted by the patent owner in support of any paragraph, no estoppel shall apply to that peti- documents to the patent owner or, if applicable, amendment entered under section 329 is made tioner. If no petitioner remains in the pro- the designated representative of the patent available to the public as part of the prosecution ceeding, the panel of administrative patent owner. history of the patent. ‘‘(c) CONSIDERATIONS.—In prescribing regula- judges assigned to the proceeding shall termi- ‘‘§ 324. Prohibited filings tions under this section, the Director shall con- nate the proceeding. ‘‘A post-grant review proceeding may not be sider the effect on the economy, the integrity of ‘‘(b) AGREEMENT IN WRITING.—Any agreement instituted under section 322 if the petition for the patent system, and the efficient administra- or understanding between the patent owner and cancellation requesting the proceeding identifies tion of the Office. a petitioner, including any collateral agree- the same cancellation petitioner and the same ‘‘(d) CONDUCT OF PROCEEDING.—The Patent ments referred to in the agreement or under- patent as a previous petition for cancellation Trial and Appeal Board shall, in accordance standing, that is made in connection with or in filed under such section. with section 6(b), conduct each post-grant re- contemplation of the termination of a post-grant ‘‘§ 325. Submission of additional information; view proceeding authorized by the Director. review proceeding, must be in writing. A post- showing of sufficient grounds ‘‘§ 327. Patent owner response grant review proceeding as between the parties ‘‘(a) IN GENERAL.—The cancellation petitioner ‘‘After a post-grant proceeding under this to the agreement or understanding may not be shall file such additional information with re- chapter has been instituted with respect to a terminated until a copy of the agreement or un- spect to the petition as the Director may require. patent, the patent owner shall have the right to derstanding, including any such collateral For each petition submitted under section 321, file, within a time period set by the Director, a agreements, has been filed in the Office. If any the Director shall determine if the written state- response to the cancellation petition. The patent party filing such an agreement or under- ment, and any evidence submitted with the re- owner shall file with the response, through affi- standing requests, the agreement or under- quest, establish that a substantial question of davits or declarations, any additional factual standing shall be kept separate from the file of patentability exists for at least one claim in the evidence and expert opinions on which the pat- the post-grant review proceeding, and shall be patent. The Director may initiate a post-grant ent owner relies in support of the response. made available only to Government agencies on written request, or to any person on a showing review proceeding if the Director determines ‘‘§ 328. Proof and evidentiary standards that the information presented provides suffi- of good cause. ‘‘(a) IN GENERAL.—The presumption of valid- cient grounds to believe that there is a substan- ity set forth in section 282 shall not apply in a ‘‘§ 333. Relationship to other pending pro- tial question of patentability concerning one or challenge to any patent claim under this chap- ceedings more claims of the patent at issue. ter. ‘‘(b) NOTIFICATION; DETERMINATIONS NOT RE- ‘‘(a) IN GENERAL.—Notwithstanding sub- ‘‘(b) BURDEN OF PROOF.—The party advanc- VIEWABLE.—The Director shall notify the patent section 135(a), sections 251 and 252, and chapter ing a proposition under this chapter shall have owner and each petitioner in writing of the Di- 30, the Director may determine the manner in the burden of proving that proposition by a pre- rector’s determination under subsection (a), in- which any reexamination proceeding, reissue ponderance of the evidence. cluding a determination to deny the petition. proceeding, interference proceeding (commenced The Director shall make that determination in ‘‘§ 329. Amendment of the patent before the effective date provided in section 3(k) writing not later than 60 days after receiving ‘‘(a) IN GENERAL.—In response to a challenge of the Patent Reform Act of 2007), derivation the petition. Any determination made by the Di- in a petition for cancellation, the patent owner proceeding, or post-grant review proceeding, rector under subsection (a), including whether may file one motion to amend the patent in one that is pending during a post-grant review pro- or not to institute a post-grant review pro- or more of the following ways: ceeding, may proceed, including providing for ceeding or to deny the petition, shall not be re- ‘‘(1) Cancel any challenged patent claim. stay, transfer, consolidation, or termination of viewable. ‘‘(2) For each challenged claim, propose a sub- any such proceeding. stitute claim. ‘‘§ 326. Conduct of post-grant review pro- ‘‘(b) STAYS.—The Director may stay a post- ‘‘(3) Amend the patent drawings or otherwise ceedings grant review proceeding if a pending civil action amend the patent other than the claims. ‘‘(a) IN GENERAL.—The Director shall pre- for infringement addresses the same or substan- ‘‘(b) ADDITIONAL MOTIONS.—Additional mo- tially the same questions of patentability. scribe regulations, in accordance with section tions to amend may be permitted only for good 2(b)(2)— cause shown. ‘‘§ 334. Effect of decisions rendered in civil ac- ‘‘(1) establishing and governing post-grant re- ‘‘(c) SCOPE OF CLAIMS.—An amendment under tion on post-grant review proceedings view proceedings under this chapter and their this section may not enlarge the scope of the ‘‘If a final decision is entered against a party relationship to other proceedings under this claims of the patent or introduce new matter. in a civil action arising in whole or in part title; ‘‘§ 330. Decision of the Board ‘‘(2) establishing procedures for the submis- under section 1338 of title 28 establishing that sion of supplemental information after the peti- ‘‘If the post-grant review proceeding is insti- the party has not sustained its burden of prov- tion for cancellation is filed; and tuted and not dismissed under this chapter, the ing the invalidity of any patent claim— ‘‘(3) setting forth procedures for discovery of Patent Trial and Appeal Board shall issue a ‘‘(1) that party to the civil action and the relevant evidence, including that such discovery final written decision with respect to the patent- privies of that party may not thereafter request shall be limited to evidence directly related to ability of any patent claim challenged and any a post-grant review proceeding on that patent factual assertions advanced by either party in new claim added under section 329. claim on the basis of any grounds, under the the proceeding, and the procedures for obtain- ‘‘§ 331. Effect of decision provisions of section 321, which that party or ing such evidence shall be consistent with the ‘‘(a) IN GENERAL.—If the Patent Trial and the privies of that party raised or could have purpose and nature of the proceeding. Appeal Board issues a final decision under sec- raised; and

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A07SE7.049 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10290 CONGRESSIONAL RECORD — HOUSE September 7, 2007 ‘‘(2) the Director may not thereafter maintain of any claim of a patent under chapter 32 of this ent application, or other publication of potential a post-grant review proceeding that was re- title and the privies of the real party in inter- relevance to the examination of the application, quested, before the final decision was so en- est.’’. if such submission is made in writing before the tered, by that party or the privies of that party (a) PATENT TRIAL AND APPEAL BOARD.—Sec- earlier of— on the basis of such grounds. tion 6 is amended to read as follows: ‘‘(A) the date a notice of allowance under sec- ‘‘§ 335. Effect of final decision on future pro- ‘‘§ 6. Patent Trial and Appeal Board tion 151 is mailed in the application for patent; ceedings or ‘‘(a) ESTABLISHMENT AND COMPOSITION.— ‘‘(B) either— ‘‘If a final decision under section 330 is favor- There shall be in the Office a Patent Trial and ‘‘(i) 6 months after the date on which the ap- able to the patentability of any original or new Appeal Board. The Director, the Deputy Direc- plication for patent is published under section claim of the patent challenged by the cancella- tor, the Commissioner for Patents, the Commis- 122, or tion petitioner, the cancellation petitioner may sioner for Trademarks, and the administrative ‘‘(ii) the date of the first rejection under sec- not thereafter, based on any ground that the patent judges shall constitute the Patent Trial tion 132 of any claim by the examiner during the cancellation petitioner raised during the post- and Appeal Board. The administrative patent examination of the application for patent, grant review proceeding— judges shall be persons of competent legal whichever occurs later. ‘‘(1) request or pursue a reexamination of knowledge and scientific ability who are ap- ‘‘(2) OTHER REQUIREMENTS.—Any submission such claim under chapter 31; pointed by the Director. Any reference in any under paragraph (1) shall— ‘‘(2) request or pursue a derivation proceeding Federal law, Executive order, rule, regulation, ‘‘(A) set forth a concise description of the as- with respect to such claim; or delegation of authority, or any document of serted relevance of each submitted document; ‘‘(3) request or pursue a post-grant review or pertaining to the Board of Patent Appeals ‘‘(B) be accompanied by such fee as the Direc- proceeding under this chapter with respect to and Interferences is deemed to refer to the Pat- tor may prescribe; and such claim; or ent Trial and Appeal Board. ‘‘(C) include a statement by the submitter af- ‘‘(4) assert the invalidity of any such claim in ‘‘(b) DUTIES.—The Patent Trial and Appeal firming that the submission was made in compli- any civil action arising in whole or in part Board shall— ance with this section.’’. under section 1338 of title 28. ‘‘(1) on written appeal of an applicant, review (c) EFFECTIVE DATE.—The amendments made by this section— ‘‘§ 336. Appeal adverse decisions of examiners upon application for patents; (1) shall take effect at the end of the 1-year ‘‘A party dissatisfied with the final deter- ‘‘(2) on written appeal of a patent owner, re- period beginning on the date of the enactment mination of the Patent Trial and Appeal Board view adverse decisions of examiners upon pat- of this Act; and in a post-grant proceeding under this chapter (2) shall apply to any application for patent ents in reexamination proceedings under chap- may appeal the determination under sections filed before, on, or after the effective date under ter 30; paragraph (1). 141 through 144. Any party to the post-grant ‘‘(3) review appeals by patent owners and proceeding shall have the right to be a party to third-party requesters under section 315; SEC. 10. TAX PLANNING METHODS NOT PATENT- ABLE. the appeal.’’. ‘‘(4) determine priority and patentability of (g) CONFORMING AMENDMENT.—The table of (a) IN GENERAL.—Section 101 is amended— invention in derivation proceedings under sec- (1) by striking ‘‘Whoever’’ and inserting ‘‘(a) chapters for part III is amended by adding at tion 135(a); and the end the following: PATENTABLE INVENTIONS.—Whoever’’; and ‘‘(5) conduct post-grant opposition pro- (2) by adding at the end the following: ... ‘‘32. Post-Grant Review Proceedings 321’’. ceedings under chapter 32. ‘‘(b) TAX PLANNING METHODS.— (h) REPEAL.—Section 4607 of the Intellectual Each appeal and derivation proceeding shall be ‘‘(1) UNPATENTABLE SUBJECT MATTER.—A pat- Property and Communications Omnibus Reform heard by at least 3 members of the Patent Trial ent may not be obtained for a tax planning Act of 1999, as enacted by section 1000(a)(9) of and Appeal Board, who shall be designated by method. Public Law 106–113, is repealed. the Director. Only the Patent Trial and Appeal ‘‘(2) DEFINITIONS.—For purposes of paragraph (i) EFFECTIVE DATES.— Board may grant rehearings. The Director shall (1)— (1) IN GENERAL.—The amendments and repeal assign each post-grant review proceeding to a ‘‘(A) the term ‘tax planning method’ means a made by this section shall take effect at the end panel of 3 administrative patent judges. Once plan, strategy, technique, or scheme that is de- of the 1-year period beginning on the date of the assigned, each such panel of administrative pat- signed to reduce, minimize, or defer, or has, enactment of this Act. ent judges shall have the responsibilities under when implemented, the effect of reducing, mini- (2) APPLICABILITY TO EX PARTE AND INTER chapter 32 in connection with post-grant review mizing, or deferring, a taxpayer’s tax liability, PARTES PROCEEDINGS.—Notwithstanding any proceedings.’’. but does not include the use of tax preparation other provision of law, sections 301 and 311 (b) EFFECTIVE DATE.—The amendments made software or other tools used solely to perform or through 318 of title 35, United States Code, as by this section shall take effect at the end of the model mathematical calculations or prepare tax amended by this section, shall apply to any pat- 1-year period beginning on the date of the en- or information returns; ent that issues before, on, or after the effective actment of this Act. ‘‘(B) the term ‘taxpayer’ means an individual, entity, or other person (as defined in section date under paragraph (1) from an original ap- SEC. 8. STUDY AND REPORT ON REEXAMINATION plication filed on any date. PROCEEDINGS. 7701 of the Internal Revenue Code of 1986) that (3) APPLICABILITY TO POST-GRANT PRO- The Under Secretary of Commerce for Intellec- is subject to taxation directly, is required to pre- CEEDINGS.—The amendments made by subsection tual Property and Director of the Patent and pare a tax return or information statement to (f) shall apply to patents issued on or after the Trademark Office shall, not later than 2 years enable one or more other persons to determine effective date under paragraph (1). after the date of the enactment of this Act— their tax liability, or is otherwise subject to a (j) REGULATIONS.— (1) conduct a study of the effectiveness and tax law; ‘‘(C) the terms ‘tax’, ‘tax laws’, ‘tax liability’, (1) REGULATIONS.—The Under Secretary of efficiency of the different forms of proceedings and ‘taxation’ refer to any Federal, State, coun- Commerce for Intellectual Property and Director available under title 35, United States Code, for ty, city, municipality, or other governmental of the United States Patent and Trademark Of- the reexamination of patents; and levy, assessment, or imposition, whether meas- fice (in this subsection referred to as the ‘‘Direc- (2) submit to the Committees on the Judiciary ured by income, value, or otherwise; and tor’’) shall, not later than the date that is 1 year of the House of Representatives and the Senate ‘‘(D) the term ‘State’ means each of the sev- after the date of the enactment of this Act, issue a report on the results of the study, including eral States, the District of Columbia, and any regulations to carry out chapter 32 of title 35, any of the Director’s suggestions for amending commonwealth, territory, or possession of the United States Code, as added by subsection (f) the law, and any other recommendations the Di- of this section. United States.’’. rector has with respect to patent reexamination (b) APPLICABILITY.—The amendments made by (2) PENDING INTERFERENCES.—The Director proceedings. this section— shall determine the procedures under which SEC. 9. SUBMISSIONS BY THIRD PARTIES AND (1) shall take effect on the date of the enact- interferences under title 35, United States Code, OTHER QUALITY ENHANCEMENTS. ment of this Act; that are commenced before the effective date (a) PUBLICATION.—Section 122(b)(2) is amend- (2) shall apply to any application for patent under subsection (i)(1) are to proceed, including ed— or application for a reissue patent that is— whether any such interference is to be dismissed (1) by striking subparagraph (B); and (A) filed on or after the date of the enactment without prejudice to the filing of a cancellation (2) in subparagraph (A)— of this Act; or petition for a post-grant opposition proceeding (A) by striking ‘‘(A) An application’’ and in- (B) filed before that date if a patent or reissue under chapter 32 of title 35, United States Code, serting ‘‘An application’’; and patent has not been issued pursuant to the ap- or is to proceed as if this Act had not been en- (B) by redesignating clauses (i) through (iv) plication as of that date; and acted. The Director shall include such proce- as subparagraphs (A) through (D), respectively. (3) shall not be construed as validating any dures in regulations issued under paragraph (1). (b) PREISSUANCE SUBMISSIONS BY THIRD PAR- patent issued before the date of the enactment SEC. 7. DEFINITIONS; PATENT TRIAL AND APPEAL TIES.—Section 122 is amended by adding at the of this Act for an invention described in section BOARD. end the following: 101(b) of title 35, United States Code, as amend- (a) DEFINITIONS.—Section 100 (as amended by ‘‘(e) PREISSUANCE SUBMISSIONS BY THIRD PAR- ed by this section. this Act) is further amended by adding at the TIES.— SEC. 11. VENUE AND JURISDICTION. end the following: ‘‘(1) IN GENERAL.—Any person may submit for (a) VENUE FOR PATENT CASES.—Section 1400 of ‘‘(k) The term ‘cancellation petitioner’ means consideration and inclusion in the record of a title 28, United States Code, is amended by strik- the real party in interest requesting cancellation patent application, any patent, published pat- ing subsection (b) and inserting the following:

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A07SE7.049 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10291 ‘‘(b) Notwithstanding section 1391 of this title, and analysis in the manner and within the time is established, by clear and convincing evidence, in any civil action arising under any Act of period prescribed by the Director. that— Congress relating to patents, a party shall not ‘‘(b) EXCEPTION FOR MICRO ENTITIES.—Appli- ‘‘(A) the patentee, its agents, or another per- manufacture venue by assignment, incorpora- cations from micro-entities shall not be subject son with a duty of disclosure to the Office, with tion, or otherwise to invoke the venue of a spe- to the requirements of regulations issued under the intent to mislead or deceive the patent exam- cific district court. subsection (a). iner, misrepresented or failed to disclose mate- ‘‘(c) Notwithstanding section 1391 of this title, ‘‘§ 124. Micro entities rial information concerning a matter or pro- any civil action for patent infringement or any ceeding before the Office; and ‘‘(a) DEFINITION.—For purposes of this title, ‘‘(B) in the absence of such deception, the Of- action for declaratory judgment may be brought the term ‘micro entity’ means an applicant for fice, acting reasonably, would, on the record be- only in a judicial district— patent who makes a certification under either fore it, have made a prima facie finding of ‘‘(1) where the defendant has its principal subsection (b) or (c). place of business or in the location or place in unpatentability. ‘‘(b) UNASSIGNED APPLICATION.—A certifi- ‘‘(2) INTENT.—In order to prove intent to mis- which the defendant is incorporated, or, for for- cation under this subsection is a certification by lead or deceive under paragraph (1), specific eign corporations with a United States sub- each inventor named in the application that the facts beyond materiality of the information sub- sidiary, where the defendant’s primary United inventor— mitted or not disclosed must be proven that sup- States subsidiary has its principal place of busi- ‘‘(1) qualifies as a small entity as defined in port an inference of intent to mislead or deceive ness or in the location or place in which the de- regulations issued by the Director; the Patent and Trademark Office. Facts support fendants primary United States subsidiary is in- ‘‘(2) has not been named on five or more pre- an inference of intent if they show cir- corporated; viously filed patent applications; ‘‘(2) where the defendant has committed a ‘‘(3) has not assigned, granted, or conveyed, cumstances that indicate conscious or deliberate substantial portion of the acts of infringement and is not under an obligation by contract or behavior on the part of the patentee, its agents, and has a regular and established physical fa- law to assign, grant, or convey, a license or any or another person with a duty of disclosure to cility that the defendant controls and that con- other ownership interest in the application; and the Office, to not disclose material information stitutes a substantial portion of the operations ‘‘(4) does not have a gross income, as defined or to submit materially false information. ‘‘(3) REMEDY.—Upon a finding of inequitable of the defendant; in section 61(a) of the Internal Revenue Code of conduct, the court shall balance the equities to ‘‘(3) where the primary plaintiff resides, if the 1986, exceeding 2.5 times the median household determine which of the following remedies to im- primary plaintiff in the action is an institution income, as reported by the Bureau of the Cen- pose: of higher education as defined under section sus, for the most recent calendar year preceding ‘‘(A) Denying equitable relief to the patent 101(a) of the Higher Education Act of 1965 (20 the calendar year in which the examination fee holder and limiting the remedy for infringement U.S.C. 1001(a)); or is being paid. to damages. ‘‘(4) where the plaintiff resides, if the plaintiff ‘‘(c) ASSIGNED APPLICATION.—A certification or a subsidiary of the plaintiff has an estab- ‘‘(B) Holding the claims-in-suit, or the claims under this subsection is a certification by each in which inequitable conduct occurred, unen- lished physical facility in such district dedicated inventor named in the application that the in- to research, development, or manufacturing that forceable. ventor— ‘‘(C) Holding the patent unenforceable. is operated by full-time employees of the plain- ‘‘(1) qualifies as a small entity as defined in tiff or such subsidiary, or if the sole plaintiff in ‘‘(D) Holding the claims of a related patent regulations issued by the Director and meets the unenforceable. the action is an individual inventor who is a requirements of subsection (b)(4); natural person and who qualifies at the time ‘‘(4) ATTORNEY MISCONDUCT.—Upon a finding ‘‘(2) has not been named on five or more pre- of inequitable conduct, if there is evidence that such action is filed as a micro entity under sec- viously filed patent applications; and tion 124 of title 35. the conduct can be attributable to a person or ‘‘(3) has assigned, granted, conveyed, or is persons authorized to practice before the Office, ‘‘(d) If the plaintiff brings a civil action for under an obligation by contract or law to as- patent infringement in a judicial district under the court shall refer the matter to the Office for sign, grant, or convey, a license or other owner- appropriate disciplinary action under section 32, subsection (c), the district court may transfer ship interest in the application to an entity that that action to any other district or division and shall order the parties to preserve and make has five or fewer employees and has a gross tax- available to the Office any materials that may where— able income, as defined in section 61(a) of the ‘‘(1) the defendant has substantial evidence or be relevant to the determination under section Internal Revenue Code of 1986, that does not ex- 32.’’. witnesses; and ceed 2.5 times the median household income, as ‘‘(2) venue would be appropriate under section (c) EFFECTIVE DATE.— reported by the Bureau of the Census, for the (1) SUBSECTION (a).—The amendments made 1391 of this title, if such transfer would be ap- most recent calendar year preceding the cal- by subsection (a)— propriate under section 1404 of this title.’’. endar year in which the examination fee is (A) shall take effect at the end of the 1-year (b) INTERLOCUTORY APPEALS.—Subsection (c) being paid.’’. period beginning on the date of the enactment of section 1292 of title 28, United States Code, is (2) CONFORMING AMENDMENT.—The table of of this Act; and amended— sections for chapter 11 is amended by adding at (B) shall apply to any application for patent (1) by striking ‘‘and’’ at the end of paragraph the end the following new items: filed on or after the effective date under sub- (1); paragraph (A). (2) by striking the period at the end of para- ‘‘123. Additional information. (2) SUBSECTION (b).—The amendments made graph (2) and inserting ‘‘; and’’; and ‘‘124. Micro entities.’’. by subsection (b) shall apply to any civil action (3) by adding at the end the following: (b) INEQUITABLE CONDUCT AS DEFENSE TO IN- commenced on or after the date of the enact- ‘‘(3) of an appeal from an interlocutory order FRINGEMENT.—Section 282 is amended— ment of this Act. or decree determining construction of claims in (1) in the first undesignated paragraph, by a civil action for patent infringement under sec- striking ‘‘A patent’’ and inserting ‘‘(a) IN GEN- SEC. 13. BEST MODE REQUIREMENT. tion 271 of title 35. ERAL.—A patent’’; Section 282(b) (as designated by section 12(b) of this Act) is amended by striking paragraph Application for an appeal under paragraph (3) (2) in the second undesignated paragraph— (A) by striking ‘‘The following’’ and inserting (3) and inserting the following: shall be made to the court within 10 days after ‘‘(b) DEFENSES.—The following’’; and ‘‘(3) Invalidity of the patent or any claim in entry of the order or decree. The district court (B) by striking the comma at the end of each suit for failure to comply with— shall have discretion whether to approve the ap- of paragraphs (1), (2), and (3) and inserting a ‘‘(A) any requirement of section 112 of this plication and, if so, whether to stay proceedings period; title, other than the requirement that the speci- in the district court during pendency of the ap- (3) in the third undesignated paragraph— fication shall set forth the best mode con- peal.’’. (A) by striking ‘‘In actions’’ and inserting templated by the inventor of carrying out his in- (c) EFFECTIVE DATE.—The amendments made ‘‘(d) NOTICE OF ACTIONS; PLEADING.—In ac- vention; or by this section shall apply to any action com- tions’’; ‘‘(B) any requirement of section 251 of this menced on or after the date of the enactment of (B) by inserting after the second sentence the title.’’. this Act. following: ‘‘In an action involving any allega- SEC. 14. REGULATORY AUTHORITY. SEC. 12. ADDITIONAL INFORMATION; INEQUI- tion of inequitable conduct under subsection (c), (a) REGULATORY AUTHORITY.—Section 2(c) is TABLE CONDUCT AS DEFENSE TO IN- the party asserting this defense or claim shall amended by adding at the end the following: FRINGEMENT. comply with the pleading requirements set forth ‘‘(6) The powers granted under paragraph (2) (a) DISCLOSURE REQUIREMENTS FOR APPLI- in Rule 9(b) of the Federal Rules of Civil Proce- of subsection (b) include the authority to pro- CANTS.— dure.’’; and mulgate regulations to ensure the quality and (1) IN GENERAL.—Chapter 11 is amended by (C) by striking ‘‘Invalidity’’ and inserting ‘‘(e) timeliness of applications and their examina- adding at the end the following new section: EXTENSION OF PATENT TERM.—Invalidity’’; and tion, including specifying circumstances under ‘‘§ 123. Additional information (4) by inserting after subsection (b), as des- which an application for patent may claim the ‘‘(a) IN GENERAL.—The Director shall, by reg- ignated by paragraph (2) of this subsection, the benefit under sections 120, 121 and 365(c) of the ulation, require that applicants submit a search following: filing date of a prior filed application for pat- report and other information and analysis rel- ‘‘(c) INEQUITABLE CONDUCT.— ent.’’. evant to patentability. An application shall be ‘‘(1) DEFENSE.—A patent may be held to be (b) CLARIFICATION.—The amendment made by regarded as abandoned if the applicant fails to unenforceable, or other remedy imposed under subsection (a) clarifies the scope of power grant- submit the required search report, information, paragraph (3), for inequitable conduct only if it ed to the United States Patent and Trademark

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A07SE7.049 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10292 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Office by paragraph (2) of section 2(b) of title (2) the frequency with which special masters ventors of the claimed invention in dispute. 35, United States Code, as in effect since the en- have been used by the courts; Unless the Patent Trial and Appeal Board actment of Public Law 106–113. (3) the role and powers special masters are finds the agreement to be inconsistent with SEC. 15. TECHNICAL AMENDMENTS. given by the courts; the evidence of record, it shall take action (a) JOINT INVENTIONS.—Section 116 is amend- (4) the subject matter at issue in cases that use consistent with the agreement. Any written ed— special masters; settlement or understanding of the parties (1) in the first paragraph, by striking ‘‘When’’ (5) the impact on court time and costs in cases shall be filed with the Director. At the re- and inserting ‘‘(a) JOINT INVENTIONS.—When’’; where a special master is used as compared to quest of a party to the proceeding, the agree- (2) in the second paragraph, by striking ‘‘If a cases where no special master is used; ment or understanding shall be treated as joint inventor’’ and inserting ‘‘(b) OMITTED IN- (6) the legal and technical training and expe- business confidential information, shall be VENTOR.—If a joint inventor’’; and rience of special masters; kept separate from the file of the involved (3) in the third paragraph, by striking (7) whether the use of special masters has an patents or applications, and shall be made ‘‘Whenever’’ and inserting ‘‘(c) CORRECTION OF impact on the reversal rate of district court deci- available only to Government agencies on ERRORS IN APPLICATION.—Whenever’’. sions at the Court of Appeals for the Federal written request, or to any person on a show- (b) FILING OF APPLICATION IN FOREIGN COUN- Circuit; and ing of good cause. TRY.—Section 184 is amended— (8) any other factors that the Director believes ‘‘(c) ARBITRATION.—Parties to a derivation (1) in the first paragraph, by striking ‘‘Except would assist in gauging the effectiveness of spe- proceeding, within such time as may be spec- when’’ and inserting ‘‘(a) FILING IN FOREIGN cial masters in patent litigation. ified by the Director by regulation, may de- COUNTRY.—Except when’’; SEC. 17. RULE OF CONSTRUCTION. termine such contest or any aspect thereof (2) in the second paragraph, by striking ‘‘The The enactment of section 102(b)(3) of title 35, by arbitration. Such arbitration shall be term’’ and inserting ‘‘(b) APPLICATION.—The United States Code, under section (3)(b) of this governed by the provisions of title 9 to the term’’; and Act is done with the same intent to promote extent such title is not inconsistent with (3) in the third paragraph, by striking ‘‘The joint research activities that was expressed, in- this section. The parties shall give notice of scope’’ and inserting ‘‘(c) SUBSEQUENT MODI- cluding in the legislative history, through the any arbitration award to the Director, and FICATIONS, AMENDMENTS, AND SUPPLEMENTS.— enactment of the Cooperative Research and such award shall, as between the parties to The scope’’. Technology Enhancement Act of 2004 (Public the arbitration, be dispositive of the issues (c) REISSUE OF DEFECTIVE PATENTS.—Section Law 108–453; the ‘‘CREATE Act’’), the amend- to which it relates. The arbitration award 251 is amended— ments of which are stricken by section 3(c) of shall be unenforceable until such notice is (1) in the first paragraph, by striking ‘‘When- this Act. The United States Patent and Trade- given. Nothing in this subsection shall pre- ever’’ and inserting ‘‘(a) IN GENERAL.—When- mark Office shall administer section 102(b)(3) of clude the Director from determining patent- ever’’; title 35, United States Code, in a manner con- ability of the invention involved in the deri- (2) in the second paragraph, by striking ‘‘The sistent with the legislative history of the CRE- vation proceeding.’’. Director’’ and inserting ‘‘(b) MULTIPLE RE- ATE Act that was relevant to its administration Page 13, strike line 17 and all that follows ISSUED PATENTS.—The Director’’; by the Patent and Trademark Office. through page 15, line 8. (3) in the third paragraph, by striking ‘‘The Page 17, line 10, insert ‘‘with respect to an The Acting CHAIRMAN. No amend- application for patent filed’’ after ‘‘com- provisions’’ and inserting ‘‘(c) APPLICABILITY OF ment to the committee amendment is THIS TITLE.—The provisions’’; and menced’’. (4) in the last paragraph, by striking ‘‘No re- in order except those printed in House Page 17, lines 21 and 22, strike ‘‘transmits to the Congress a finding’’ and insert ‘‘issues issued patent’’ and inserting ‘‘(d) REISSUE PAT- Report 110–319. Each amendment may an Executive order containing the Presi- ENT ENLARGING SCOPE OF CLAIMS.—No reissued be offered only in the order printed in patent’’. the report, by a Member designated in dent’s finding’’. Page 18, insert the following after line 23: (d) EFFECT OF REISSUE.—Section 253 is the report, shall be considered read, (3) RETENTION OF INTERFERENCE PROCE- amended— shall be debatable for the time speci- DURES WITH RESPECT TO APPLICATIONS FILED (1) in the first paragraph, by striking ‘‘When- fied in the report, equally divided and BEFORE EFFECTIVE DATE.—In the case of any ever’’ and inserting ‘‘(a) IN GENERAL.—When- controlled by the proponent and an op- application for patent that is filed before the ever’’; and effective date under paragraph (1)(A), the (2) in the second paragraph, by striking ‘‘In ponent of the amendment, shall not be provisions of law repealed or amended by like manner’’ and inserting ‘‘(b) ADDITIONAL subject to amendment, and shall not be subsections (h), (i), and (j) shall apply to DISCLAIMER OR DEDICATION.—In the manner set subject to a demand for division of the such application as such provisions of law forth in subsection (a),’’. question. were in effect on the day before such effec- (e) CORRECTION OF NAMED INVENTOR.—Sec- AMENDMENT NO. 1 OFFERED BY MR. CONYERS tive date. tion 256 is amended— The Acting CHAIRMAN. It is now in Page 21, lines 24 and 25, strike ‘‘is under an (1) in the first paragraph, by striking ‘‘When- obligation of assignment of’’ and insert ‘‘has ever’’ and inserting ‘‘(a) CORRECTION.—When- order to consider amendment No. 1 assigned rights in’’. ever’’; and printed in House Report 110–319. Mr. CONYERS. Mr. Chairman, I offer Page 24, strike line 23 and all that follows (2) in the second paragraph, by striking ‘‘The through page 25, line 13 and redesignate the ATENT ALID IF an amendment. error’’ and inserting ‘‘(b) P V succeeding subsections accordingly. ERROR CORRECTED.—The error’’. The Acting CHAIRMAN. The Clerk Page 27, line 13, strike ‘‘(5)’’ and insert (f) EFFECTIVE DATE.—The amendments made will designate the amendment. ‘‘(4)’’. by this section shall take effect on the date of The text of the amendment is as fol- Page 27, line 21, strike ‘‘The court’’ and in- the enactment of this Act. lows: sert ‘‘Upon a showing to the satisfaction of SEC. 16. STUDY OF SPECIAL MASTERS IN PATENT the court that a reasonable royalty should CASES. Amendment No. 1 offered by Mr. CONYERS: Page 3, strike lines 22 through 25. be based on a portion of the value of the in- (a) IN GENERAL.—Not later than 180 days Page 3, line 21, insert quotation marks and fringing product or process, the court’’. after the date of the enactment of this Act, the a second period after ‘‘patent.’’. Page 28, lines 5 and 6, strike ‘‘Unless the Director of the Administrative Office of the Page 10, strike line 24 and all that follows claimant shows’’ and insert ‘‘Upon a showing United States Courts shall conduct a study of, through page 11, line 2, and insert the fol- to the satisfaction of the court’’. and submit to the Committee on the Judiciary of Page 28, line 9, strike ‘‘may not’’ and insert lowing: the House of Representatives and the Committee ‘‘may’’. (i) ACTION FOR CLAIM TO PATENT ON DE- on the Judiciary of the Senate a report on, the Page 28, strike line 12 and all that follows RIVED INVENTION.—Section 135 is amended to use of special masters in patent litigation who through page 29, line 2, and insert the fol- read as follows: are appointed in accordance with Rule 53 of the lowing: Federal Rules of Civil Procedure. ‘‘§ 135. Derivation proceedings’’. ‘‘(4) OTHER FACTORS.—If neither paragraph (b) OBJECTIVE.—In conducting the study Page 11, lines 14 and 15, strike ‘‘Any such (2) or (3) is appropriate for determining a under subsection (a), the Director shall consider request—’’ and insert the following: reasonable royalty, the court may consider, whether the use of special masters has been ben- ‘‘(B) REQUIREMENTS FOR REQUEST.—Any re- or direct the jury to consider, the terms of eficial in patent litigation and what, if any, quest under subparagraph (A)—’’. any nonexclusive marketplace licensing of program should be undertaken to facilitate the Page 12, line 3, strike ‘‘(B)’’ and insert the invention, where appropriate, as well as use by the judiciary of special masters in patent ‘‘(C)’’. any other relevant factors under applicable litigation. Page 12, line 8, strike ‘‘under section 101’’. law. (c) FACTORS TO CONSIDER.—In conducting the Page 13, line 16, strike the quotation ‘‘(5) COMBINATION INVENTIONS.—For pur- study under subsection (a), the Director, in con- marks and second period. poses of paragraphs (2) and (3), in the case of sultation with the Federal Judicial Center, shall Page 13, insert the following after line 16: a combination invention the elements of consider— ‘‘(b) SETTLEMENT.—Parties to a derivation which are present individually in the prior (1) the basis upon which courts appoint spe- proceeding may terminate the proceeding by art, the patentee may show that the con- cial masters under Rule 53(b) of the Federal filing a written statement reflecting the tribution over the prior art may include the Rules of Civil Procedure; agreement of the parties as to the correct in- value of the additional function resulting

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.049 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10293 from the combination, as well as the en- ‘‘(1) shall not limit in any way the right of related to the patent or patents in dispute; hanced value, if any, of some or all of the the patent owner to commence an action for ‘‘(6) where the plaintiff resides if the plain- prior art elements resulting from the com- infringement of the patent; and tiff is named as inventor or co-inventor on bination.’’; ‘‘(2) shall not be cited as evidence relating the patent and has not assigned, granted, Page 31, line 17, strike ‘‘The court’s’’ and to the validity of any claim of the patent in conveyed, or licensed, and is under no obliga- all that follows through ‘‘jury.’’ on line 19. any proceeding before a court or the Inter- tion to assign, grant, convey, or license, any Page 31, strike line 23 and all that follows national Trade Commission concerning the rights in the patent or in enforcement of the through the matter following line 17 on page patent. patent, including the results of any such en- 33 and insert the following: Page 48, line 14, strike ‘‘or’’. forcement; or (b) REPORT TO CONGRESSIONAL COMMIT- Page 48, line 17, strike the period and in- ‘‘(7) where any of the defendants has sub- TEES.—Not later than June 30, 2009, the sert ‘‘; or’’. stantial evidence and witnesses if there is no Under Secretary of Commerce for Intellec- Page 48, insert the following after line 17: other district in which the action may be tual Property and Director of the United ‘‘(5) assert the invalidity of any such claim brought under this section.’’. States Patent and Trademark Office (in this in defense to an action brought under section Page 60, strike lines 1 through 3 and insert subsection referred to as the ‘‘Director’’) 337 of the Tariff Act of 1930 (19 U.S.C. 1337). the following: shall report to the Committee on the Judici- Page 49, line 18, strike ‘‘subsection (f)’’ and (c) EFFECTIVE DATE.— ary of the House of Representatives and the insert ‘‘subsections (f) and (g)’’. (1) IN GENERAL.—The amendments made by Committee on the Judiciary of the Senate Page 49, strike lines 21 and 22 and insert this section— the findings and recommendations of the Di- the following: (A) shall take effect on the date of the en- rector on the operation of prior user rights (j) REGULATIONS.—The Under Secretary of actment of this Act; and in selected countries in the industrialized Page 49, lines 23 through 25, and page 50, (B) shall apply to any civil action com- world. The report shall include the following: lines 1 through 4, move the text 2 ems to the menced on or after such date of enactment. (1) A comparison between the patent laws left. (2) PENDING CASES.—Any case commenced of the United States and the laws of other in- Page 50, strike lines 5 through 15. in a United States district court on or after dustrialized countries, including the Euro- Page 51, lines 3 through 5, strike ‘‘The Di- September 7, 2007, in which venue is im- pean Union, Japan, Canada, and Australia. rector, the Deputy, the Commissioner for proper under section 1400 of title 28, United (2) An analysis of the effect of prior user Patents, and the Commissioner for Trade- States Code, as amended by this section, rights on innovation rates in the selected marks, and the’’ and insert ‘‘The’’. shall be transferred pursuant to section 1404 countries. Page 51, line 9, strike ‘‘Director’’ and in- sert ‘‘Secretary of Commerce’’. of such title, unless— (3) An analysis of the correlation, if any, Page 54, line 18, strike ‘‘and’’. (A) one or more substantive rulings on the between prior user rights and start-up enter- Page 54, line 21, strike the 2 periods and merits, or other substantial litigation, has prises and the ability to attract venture cap- quotation marks and insert ‘‘; and’’. occurred; and ital to start new companies. Page 54, insert the following after line 21: (B) the court finds that transfer would not (4) An analysis of the effect of prior user ‘‘(D) identify the real party-in-interest serve the interests of justice. rights, if any, on small businesses, univer- making the submission.’’. Page 60, line 10, strike ‘‘shall’’ and insert sities, and individual inventors. Page 57, strike line 12 and all that follows ‘‘may’’. (5) An analysis of any legal or constitu- through page 59, line 7, and insert the fol- Page 60, line 12, insert after ‘‘patent- tional issues that arise from placing ele- lowing: ability.’’ the following: ‘‘If the Director re- ments of trade secret law, in the form of ‘‘(b) In any civil action arising under any quires a search report to be submitted by ap- prior user rights, in patent law. Act of Congress relating to patents, a party plicants, and an applicant does not itself per- In preparing the report, the Director shall shall not manufacture venue by assignment, form the search, the search must be per- consult with the Secretary of State and the incorporation, joinder, or otherwise pri- formed by one or more individuals who are Attorney General of the United States. marily to invoke the venue of a specific dis- United States citizens or by a commercial Page 33, line 18, strike ‘‘(d)’’ and insert trict court. entity that is organized under the laws of the ‘‘(c)’’. ‘‘(c) Notwithstanding section 1391 of this United States or any State and employs Page 33, line 21, strike ‘‘(e)’’ and insert title, except as provided in paragraph (3) of ‘‘(d)’’. United States citizens to perform such this subsection, any civil action for patent searches.’’. Page 36, lines 22 and 23, strike ‘‘cited by or infringement or any action for declaratory to the Office or’’. Page 60, line 14, strike ‘‘the required search judgment relating to a patent may be Page 39, line 10, strike ‘‘grant of the patent report, information, and’’ and insert ‘‘a or issuance of’’ and insert ‘‘issuance of the brought only in a judicial district— search report, information, or an’’. patent or’’. ‘‘(1) where the defendant has its principal Page 60, line 16, add after the period the Page 39, strike line 21 and all that follows place of business or is incorporated, or, for following: ‘‘Any search report required by through page 40, line 2 and insert the fol- foreign corporations with a United States the Director may not substitute in any way lowing: subsidiary, where the defendant’s primary for a search by an examiner of the prior art ‘‘(3) for each claim sought to be canceled, United States subsidiary has its principal during examination.’’. the petition sets forth in writing the basis place of business or is incorporated; Page 63, strike line 19 and all that follows for cancellation and provides the evidence in ‘‘(2) where the defendant has committed a through line 15 on page 65 and insert the fol- support thereof, including copies of patents substantial portion of the acts of infringe- lowing: and printed publications, or written testi- ment and has a regular and established phys- ‘‘(1) DEFENSE.—One or more claims of a mony of a witness attested to under oath or ical facility that the defendant controls and patent may be held to be unenforceable, or declaration by the witness, or any other in- that constitutes a substantial portion of the other remedy imposed under paragraph (4), formation that the Director may require by defendant’s operations; for inequitable conduct only if it is estab- regulation.; and ‘‘(3) for cases involving only foreign de- lished, by clear and convincing evidence, Page 40, lines 3 and 4, strike ‘‘those docu- fendants with no United States subsidiary, that a person with a duty of disclosure to the ments’’ and insert ‘‘the petition, including according to section 1391(d) of this title; Office, with the intent to mislead or deceive any evidence submitted with the petition ‘‘(4) where the plaintiff resides, if the the patent examiner, misrepresented or and any other information submitted under plaintiff is— failed to disclose material information to paragraph (3),’’. ‘‘(A) an institution of higher education as the examiner during examination of the pat- Page 41, add the following after line 25: defined under section 101(a) of the Higher ent. In carrying out paragraph (3), the Director Education Act of 1965 (20 U.S.C. section ‘‘(2) MATERIALITY.— shall bear in mind that discovery must be in 1001(a)); or ‘‘(A) IN GENERAL.—Information is material the interests of justice. ‘‘(B) a nonprofit organization that— under this section if— Page 44, lines 23 and 24, strike ‘‘with re- ‘‘(i) is described in section 501(c)(3) of the ‘‘(i) a reasonable examiner would have spect to’’ and insert ‘‘addressing’’. Internal Revenue Code of 1986; made a prima facie finding of Page 46, line 1, strike ‘‘of administrative ‘‘(ii) is exempt from taxation under section unpatentability, or maintained a finding of patent judges’’. 501(a) of such Code; and unpatentability, of one or more of the patent Page 46, line 18, strike ‘‘pending’’. ‘‘(iii) serves primarily as the patent and li- claims based on the information, and the in- Page 46, line 23, insert ‘‘with respect to an censing organization for an institution of formation is not cumulative to information application for patent filed’’ after ‘‘com- higher education as defined under section already of record or previously considered by menced’’. Page 47, line 5, insert ‘‘of a patent’’ after 101(a) of the Higher Education Act of 1965 (20 the Office;or ‘‘infringement’’. U.S.C. 1001(a)); ‘‘(ii) information that is otherwise mate- Page 47, line 7, insert after ‘‘patentability’’ ‘‘(5) where the plaintiff or a subsidiary has rial refutes or is inconsistent with a position the following: ‘‘raised against the patent in a a place of business that is engaged in sub- the applicant takes in opposing a rejection of petition for post-grant review’’. stantial— the claim or in asserting an argument of pat- Page 47, insert the following after line 7: ‘‘(A) research and development, entability. ‘‘(c) EFFECT OF COMMENCEMENT OF PRO- ‘‘(B) manufacturing activities, or ‘‘(B) PRIMA FACIE FINDING.—A prima facie CEEDING.—The commencement of a post- ‘‘(C) management of research and develop- finding of unpatentability under this section grant review proceeding— ment or manufacturing activities, is shown if a reasonable examiner, based on

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.050 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10294 CONGRESSIONAL RECORD — HOUSE September 7, 2007 a preponderance of the evidence, would con- this Act, and the application of this Act and that changes to applications will re- clude that the claim is unpatentable based such amendments and repeals to any other quire inventor involvement. on the information misrepresented or not person or circumstance, shall not be affected And also, there was a fear about disclosed, when that information is consid- by such holding. working environment at the PTO. We ered alone or in conjunction with other in- The Acting CHAIRMAN. Pursuant to inquired of the Government Account- formation or record. In determining whether House Resolution 636, the gentleman there is a prima facie finding of ability Office to conduct a study of ex- from Michigan (Mr. CONYERS) and a amining work conditions. unpatentability, each term in the claim Member opposed each will control 10 shall be given its broadest reasonable con- And finally, the examiners them- struction consistent with the specification, minutes. selves were concerned about the qual- and rebuttal evidence shall not be consid- The Chair recognizes the gentleman ity submission requirements, that ered. from Michigan. their job would be outsourced. We en- ‘‘(3) INTENT.—To prove a person with a PARLIAMENTARY INQUIRY sured that that will not happen. duty of disclosure to the Office intended to Mr. ROHRABACHER. Mr. Chairman, Now, damages. We made further mislead or deceive the examiner under para- parliamentary inquiry. graph (1), specific facts beyond materiality changes to explain clearly that a por- of the information misrepresented or not dis- The Acting CHAIRMAN. Does the tion that is not mandatory in the cal- closed must be proven that establish the in- gentleman from Michigan yield for a culations of damages can be considered tent of the person to mislead or deceive the parliamentary inquiry? under a similar formula that courts use examiner by the actions of the person. Facts Mr. CONYERS. Yes, of course. today. support an intent to mislead or deceive if The Acting CHAIRMAN. The gen- Universities, we spent enormous they show circumstances that indicate con- tleman will state his parliamentary in- time, and I have as many universities scious or deliberate behavior on the part of quiry. in Michigan as anybody has in any the person to not disclose material informa- Mr. ROHRABACHER. Does the per- other State in the Union, and to ad- tion or to submit false material information son who controls the time against the in order to mislead or deceive the examiner. dress their concern, we spent unbeliev- Circumstantial evidence may be used to manager’s amendment have to be able amounts of time negotiating with prove that a person had the intent to mis- against the manager’s amendment? them individually and collectively lead or deceive the examiner under para- The Acting CHAIRMAN. It is re- about the expansion of prior user graph (1). served for a Member in opposition to rights which might reduce the value of ‘‘(4) REMEDY.—Upon a finding of inequi- the amendment. their patents and harm their ability to table conduct, the court shall balance the eq- Mr. ROHRABACHER. Who controls license invention. uities to determine which of the following the time in opposition? We’ve eliminated the expansion. In- remedies to impose: The Acting CHAIRMAN. No one has ‘‘(A) Denying equitable relief to the patent stead, we’re calling for a study of the holder and limiting the remedy for infringe- claimed time in opposition to the operation of prior user rights in coun- ment to reasonable royalties. amendment yet. tries where they already exist to deter- ‘‘(B) Holding the claims-in-suit, or the Mr. ROHRABACHER. I would suggest mine their effects. claims in which inequitable conduct oc- that whoever does control the time It allows universities to sue in dis- curred, unenforceable. should be in opposition, and if Mr. tricts where they are located but does ‘‘(C) Holding the patent unenforceable. SMITH, who I respect greatly, does not not extend that right to universities’ ‘‘(D) Holding the claims of a related patent oppose the manager’s amendment, he associated nonprofit organizations. unenforceable. should not be in control of the debate ‘‘(5) ATTORNEY MISCONDUCT.—Upon a find- We deal with inequitable conduct by ing of inequitable conduct, if there is evi- against the manager’s amendment, and tightening the standards for pleading dence that the conduct is attributable to a I would note that there are others of us and finding inequitable conduct as a person or persons authorized to practice be- who would like to have that. defense to infringement. fore the Office, the court shall refer the mat- The Acting CHAIRMAN. The gen- We continue to operate in good faith ter to the Office for appropriate disciplinary tleman from Michigan is recognized. with additional changes. We’ve adopted action under section 32, and shall order the Mr. CONYERS. Mr. Chairman, I yield suggestions made by outside groups to parties to preserve and make available to the myself as much time as I may con- improve our post-grant opposition pro- Office any materials that may be relevant to sume. the determination under section 32.’’. vision, changed the discovery standard Page 69, line 17, strike ‘‘180 days’’ and in- I rise in support of the manager’s to interest of justice and ensured that sert ‘‘1 year’’. amendment which is, of course, very a patent owner can bring a patent suit, Page 71, insert the following after line 6 bipartisan and which makes further even if a post-grant suit is instituted. and redesignate the succeeding section ac- changes to the underlying bill. So we’ve addressed every concern cordingly: Now, this is a work in progress. The that has been brought to our attention. SEC. 17. STUDY ON WORKPLACE CONDITIONS. reason it came up so late in the after- No concern was too small or too tech- The Comptroller General shall, not later noon yesterday in the Rules Com- nical, and we continue even now to lis- than 2 years after the date of the enactment mittee is we were making changes to ten to the parties in other ways to con- of this Act— accommodate the minority side, and so (1) conduct a study of workplace conditions tinue to enhance the bill. for the examiner corps of the United States even now the manager’s amendment is So now is the time for patent reform. Patent and Trademark Office, including the a piece of work that will not be con- Mr. Chairman, I reserve the balance effect, if any, of this Act and the amend- cluded until we come out of conference, of my time. ments made by this Act on— and I’m sure Mr. BERMAN will have Mr. ROHRABACHER. Mr. Chairman, (A) recruitment, retention, and promotion some comments to make about that. I rise to claim the time in opposition of employees; and I want anyone who has not seen the to the manager’s amendment. (B) workload, quality assurance, and em- manager’s amendment or wants to re- The Acting CHAIRMAN. The gen- ployee grievances; and view it, even as it’s discussed on the tleman from California is recognized (2) submit to the Committees on the Judi- ciary of the House of Representatives and floor today, to please come to my seat, for 10 minutes. the Senate a report on the results of the and I will be happy to provide them Mr. ROHRABACHER. Mr. Chairman, study, including any suggestions for improv- with a copy of it. I ask unanimous consent to yield 5 ing workplace conditions, together with any Well, what does it do? We deal with minutes of the 10 minutes in opposition other recommendations that the Comptroller damages, the most controversial provi- to the gentlewoman from Ohio (Ms. General has with respect to patent reexam- sion of the bill, with labor, with the KAPTUR) for her to control that time. ination proceedings. universities, with inequitable conduct, The Acting CHAIRMAN. Without ob- Page 71, add the following after line 19: and additional changes that will be jection, the gentlewoman from Ohio is SEC. 19. SEVERABILITY. made. recognized for 5 minutes. If any provision of this Act or of any For workers and inventors, how do There was no objection. amendment or repeals made by this Act, or the application of such a provision to any we help them? Well, there was concern Ms. KAPTUR. Mr. Chairman, I yield person or circumstance, is held to be invalid that in our attempt to simplify the as- myself such time as I may consume. I or unenforceable, the remainder of this Act signment procedures, we cut the inven- thank the gentleman kindly for yield- and the amendments and repeals made by tor out of the process. We’ve ensured ing me this time.

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.050 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10295 On the manager’s amendment, you have been fined substantially for pat- Mr. SMITH of Texas. I want to thank know what’s really sad about this bill ent infringement over the last several the chairman of the Judiciary Com- is that it is very complicated, and it’s years, about $3.5 billion, and they’re mittee for yielding me time. a work in progress as we sit here on the trying to get the law changed to make Mr. Chairman, I want to be unequivo- floor. It’s too important for America it easier for them. You know what, cal, first of all, in saying that I support and for the future of our industrial and they have a right to exist. They have a this manager’s amendment. economic base to be treated this way, right to function. The problem is they I yield to my friend from California and I know that the Chair of the sub- have been taken to court, and there are (Mr. HERGER) for purposes of a col- committee and the full committee are 15 standards the courts use to ascertain loquy. listening as I speak today. We damages. They want to reduce it to one Mr. HERGER. I would like to thank shouldn’t be drafting this in a man- and make the 14 optional. You know the ranking member for engaging in ager’s amendment on the floor. what, the Federal judges are saying this colloquy. There’s been some inference that the don’t do that; we like the current sys- As you know, the manager’s amend- AFL–CIO supports this bill. The AFL– tem. It gives the courts the flexibility ment was released yesterday afternoon, CIO does not support this bill. They that they use. and it contains language concerning support the fact that it is being im- Why should a few transnational cor- section 337 proceedings before the U.S. proved but they do not support the bill. porations, sort of the big tech compa- International Trade Commission. In addition to that, there’s some- nies, have this much power in this Con- However, this language was not con- thing very important I was not able to gress? Why don’t we have the right of sidered by the Committee on Ways and address earlier, and that is that this others to be heard here fully rather Means, even though it is squarely in bill prematurely reveals inventors’ se- than having to condense such a serious our jurisdiction. I am aware that debate into a few seconds here on the crets. In 1999, the Patent Act required Chairman RANGEL and Chairman CON- floor? the Patent Office to publish on the YERS have exchanged letters in which Why am I opposed to this bill? I’m Internet a patent application 18 Chairman CONYERS has acknowledged opposed to this bill because it gives too months from the date of filing, but the much power to the big tech that this issue is within the jurisdic- act also allowed inventors to opt out transnationals, and it takes away tion of the Ways and Means committee. from that if they agreed not to file for power from the universities that are I will support a request for conferees to patent in another nation. That’s the opposed to this; although, some in Cali- be named from the Ways and Means so-called opt-out provision. fornia, where so many of these big tech committee. Now, between 20 and 33 percent of companies are located, are happy. But As you know, section 337 proceedings U.S.-origin patents opt out of the sys- come to Ohio, come to Wisconsin, come are very complex, and we must ensure tem. They’re small people. They’re try- to New York. There are lots of univer- that the full ramifications of this lan- ing to get the venture capital to start sities that are opposed to this. So it’s guage are clearly understood. up their company and so forth, and the giving too much advantage to a few As ranking member of the Ways and average time the Patent Office takes companies. Means Trade Subcommittee, I hope to process a patent is 31 months. Thus, In addition to that, it totally turns that you would agree with me that all the secrets in all patent applica- upside down the first-to-invent system these provisions warrant further anal- tions will be made available to every to a first-to-file system, and it would ysis and ask that you would work with pirate in the world for more than a permit lots of infringements inter- me and other members of the com- year before a small inventor, any in- nationally. mittee in conference to ensure that ventor has a chance for patent protec- It does eliminate the opt-out provi- these provisions are thoroughly under- tion. sion where, if a small inventor doesn’t stood as the bill moves through the Now, we’re going to be told, well, Mr. want their invention put up on the legislative process. ISSA’s amendment will fix this. No, it Internet, it takes away the opt-out Mr. SMITH of Texas. Mr. Chairman, I will not, and we will argue against that provision from them. Mr. ISSA’s amend- want to thank my friend from Cali- a little bit more down the road. ment does not fix it. We want an oppor- fornia for pointing these provisions Several speakers this morning, Mr. tunity to fix that, because we want to out, and I certainly do agree with WELCH of Vermont and Mr. JOHNSON of protect the third of inventors that do them, and we will work towards that Georgia, said, well, we need this reform not file internationally, that do not goal. because we haven’t had patent reform want their patents put out there like Mr. CONYERS. Would the ranking since 1952. That’s not true. There have that, and they are not the big compa- member yield to me? been 17 amendments in major bills be- nies. They’re the smaller companies. Mr. SMITH of Texas. I yield to the fore this Congress that deal with pat- And why force them to go into court? chairman of the committee. ent reform in the last 15 years. They don’t have the money to defend Mr. CONYERS. Thank you. I want to The problem with this bill is that it themselves anyway. assure the gentleman. tries to harmonize to lower standards There’s broad-based opposition to Mr. Chairman, I would submit for the in the world rather than cause other this bill. There are lots of organiza- RECORD a letter dated September 7, countries to harmonize up to our tions, including the Institute of Elec- 2007, between myself and the chairman tronic Engineers, Medical College of standards. It takes away the right of of Ways and Means, CHARLES RANGEL. Wisconsin. There are many, many oth- first to invent, and it transfers it to HOUSE OF REPRESENTATIVES, ers, Cornell University, all opposed to first to file. That means an inventor COMMITTEE ON WAYS AND MEANS, who come here to the Patent Office this. Washington, DC, September 7, 2007. here in the United States, no matter I thank the gentleman for yielding Hon. JOHN CONYERS, Jr., how small, and file a patent and got me the time and allowing me to broad- Chairman, Judiciary Committee, the right as an inventor first to invent en the record here in the very few short Washington, DC. could be superseded in the inter- seconds we have been allowed. DEAR JOHN: I am writing regarding H.R. 1908, the Patent Reform Act of 2007. During national market by someone who hap- b 1345 consideration of the bill by the Rules Com- pened to catch that invention on the Mr. CONYERS. I can’t help but take mittee, a manager’s amendment was made in Internet or elsewhere and file it in 6 seconds in rebuttal. order that includes provisions affecting sec- China first. So it changes it from a The universities support this meas- tion 337 of the Tariff Act of 1930. first-to-invent to a first-to-file system. ure. Small inventors support this As you know, section 337 falls within the This is a substantial change from the measure. This bill is to create jobs in jurisdiction of the Committee on Ways and system that has been in place in this America. How could anybody think Means. The Ways and Means Committee has country since the early 1700s. jurisdiction over all issues concerning im- that I would be supporting a bill that port trade matters. You know what I said earlier what’s didn’t do this in patent law reform? In order to expedite this legislation for going on here is the big proponents of I yield 2 minutes to the ranking floor consideration, the Committee will this, the semiconductor companies, and member of the Judiciary Committee, forgo action on this bill, and will not oppose Mr. EMANUEL read some of their names, Mr. LAMAR SMITH. the inclusion of this provision relating to

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.071 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10296 CONGRESSIONAL RECORD — HOUSE September 7, 2007 section 337 of the Tariff Act within H.R. 1908. That’s what this does to innovation. opposition? This is a disgrace. What’s This is being done with the understanding If you want to get something for your going on? that it does not in any way prejudice the trim tab and your ailerons and what- This alone should raise the red flag Committee with respect to its jurisdictional ever else they put on an aircraft, that’s to all of our Members saying some- prerogatives on this bill or similar legisla- thing is going on here; there is a power tion in the future. fine. I would appreciate your response to this But this is an example, nobody else play people in our legislation aren’t letter, confirming this understanding with in the entire debate has given one ex- being able to control their time. respect to H.R. 1908, and would ask that a ample except me. This is the only op- What’s happening here? We have a copy of our exchange of letters on this mat- portunity that the people opposed to manager’s amendment now that was ter be included in the RECORD. this bill have had to talk about the ac- permitted to be changed after it left Sincerely, tual impact of the law upon a factual committee. There wasn’t even a proper CHARLES B. RANGEL, debate on this bill then and this man- Chairman. situation. Mr. BERMAN. Mr. Chairman, will ager’s amendment in the committee, HOUSE OF REPRESENTATIVES, the gentleman yield? much less the subcommittee. COMMITTEE ON THE JUDICIARY, Mr. MANZULLO. I yield 20 seconds to So what we have here is a power play Washington, DC, September 7, 2007. the gentleman from California. by somebody. The rules don’t count Hon. CHARLES B. RANGEL, Mr. BERMAN. Under the entire mar- when it comes to the bill, because Chairman, Committee on Ways and Means, ket value rule, which is in this bill, the somebody out there really wants it House of Representatives, Washington, DC. Wright brothers, every value of what really bad in order to not give us a DEAR MR. CHAIRMAN: Thank you for your chance to give the other side, not give recent letter regarding your committee’s ju- was created was those surface controls. risdictional interest in H.R. 1908, the Patent Mr. MANZULLO. But under your the full committee a chance even to Reform Act of 2007. manager’s amendment, the judge would discuss these details that are changed I appreciate your willingness to support have to say that that does not apply. in the manager’s amendment, not to expediting floor consideration of this impor- Mr. ROHRABACHER. How much let the subcommittee play its role. tant legislation today. I understand and time do I have left? Now, all I am suggesting is this agree that this is without prejudice to your The Acting CHAIRMAN. The gen- should raise a red flag for all of our Committee’s jurisdictional interests in this tleman from California has 3 minutes Members. All of us should be aware or similar legislation in the future. In the that when these types of shenanigans event a House-Senate conference on this or remaining. similar legislation is convened, I would sup- Mr. ROHRABACHER. And the time are being played, something is going port your request for an appropriate number on the other side? on, that the legislation that’s being of conferees. The Acting CHAIRMAN. The gen- pushed through probably is not good I will include a copy of your letter and this tleman from Michigan has 21⁄4 minutes legislation, but, instead, helps a small response in the CONGRESSIONAL RECORD dur- remaining. group of powerful people. ing consideration of the bill on the House Mr. ROHRABACHER. I yield myself 3 Mr. CONYERS. How much time re- floor. Thank you for your cooperation as we minutes. mains? work towards enactment of this legislation. The Acting CHAIRMAN. The gen- Sincerely, Let’s just note when we are talking, tleman from Michigan has 21⁄4 minutes JOHN CONYERS, Jr. Ms. KAPTUR and Mr. MANZULLO talk Chairman. about one of the horrible provisions of remaining. The gentleman from California, his I completely agree that it was totally the bill, which changes the whole con- time has expired. inadvertent, and we want the Ways and cept of how damages are assessed, and who has benefited by this. Mr. CONYERS. I yield myself 6 sec- Means Committee to assert, and we onds before I yield the rest of the time will help them assert, their full rights We have to ask ourselves, we talk to Mr. BERMAN. in terms of jurisdiction in this matter. about the Wright brothers, the little guys who actually made all the dif- This is curious, here I am a son of I thank him for bringing it to our at- Labor, out of Labor, represents Labor tention. ference in whether or not America has a high standard of living, the damages all my life, being told publicly that I Mr. ROHRABACHER. Mr. Chairman, don’t represent the little guy from peo- I yield 2 minutes to the gentleman that these inventors have when people violate their rights and how those dam- ple whose connection with working from Illinois (Mr. MANZULLO). people in collective bargaining move- Mr. MANZULLO. Mr. Chairman, ages are assessed. That’s right in this legislation. ments is unknown. while I was in the Rules Committee With that, I yield to my dear friend, yesterday, the gentleman from Cali- Yes, they are changing it to the ben- Mr. BERMAN, for the remainder of our efit of the infringers. They are beating fornia said with regard to the types of time. down the little guys, making it more damages and the standard for damages Mr. BERMAN. I thank the gentleman difficult for the Wright brothers and that could be used that the judge would for yielding, and I would like to yield for all the other little guys who have have the discretion to determine that. to the gentleman from Oregon for pur- come up with these ideas in order to Well, taking a look at the manager’s poses of a colloquy. amendment. That discretion has been help the big corporations. Mr. WU. I thank the chairman. taken away, and now there is a pre- By the way, let me just add this As both Chairman CONYERS and sumption in favor of the most onerous thought: we are not just talking about Chairman BERMAN are aware, the provision dealing with damages, and American corporations here. We are version of the legislation in the other that really would impact the small in- not talking about making inventors body contains a section that ends the ventor. just vulnerable to the big American diversion of fees from the Patent and Let’s take a look at what would hap- corporations. We are talking about Trademark Office. pen with the majority’s view on patent multinational corporations, and we are Absent a compelling consideration, damage reform. The Wright brothers’ talking about foreign corporations. would the chairman be amenable to airplane, here is the patent, I have got Our little guys, with just this change, working to keep that provision in con- a picture of it right here. are going to be dramatically damaged. ference? The flying machine, if it had been Their ability, in order to protect their Mr. BERMAN. That is a provision patented today, or, no, if the rules that rights, will be dramatically reduced. that I have supported, it is legislation the majority is suggesting now were in This is just one example of the type I have introduced, it embodies and en- effect at the time that the Wright of diminishing of the rights of the in- acts a philosophy I completely agree brothers got their patent, the amount ventor in this bill. Yet, we aren’t able with. All PTO fees should be kept with- that they recovered would have been to discuss it fully. One hour of debate in the PTO office to reduce backlogs, limited to the fractional value of the for a bill that’s being described here as to hire qualified people, and to come to surface controls alone, that’s it, even one of the most important pieces of better operations of that critical office. though everything else went on what legislation in the century? One hour of Mr. WU. I thank the chairman. was called an airplane, but the thing debate in which the opposition was not Mr. BERMAN. The chairman of the never flew. given a chance to control any time in committee obviously will be a key

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.057 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10297 member of the conference committee ognizes that patents are normally pub- I would suggest that we take this, we and indicates that he feels the same lished after 18 months. We said, no, it vote ‘‘no’’ on this bill, and then let’s way. will be the greater of the second office correct those flaws and come back to Reclaiming my time, I just want to action, which can be anywhere from 3 the floor when you’ve got a bill that make a couple of points. to 5 years or 18 months, and we did so isn’t flawed. Let’s go back to the floor First, I have never said, quote, Labor because we believe somebody should when you can support a bill with an supports this bill. What I said was know when they receive significant honest debate and not be so afraid of a Labor thinks a number of improve- claims or not before they are forced to debate that you’ll neuter the chances ments have been made, particularly in decide whether or not to retain a trade and mute our opposition voices by giv- this manager’s amendment. There are secret. ing us almost no time to discuss the other issues that concern them, that It’s an important issue; it’s one that issues. they believe we are moving in the right I believe will allow us a final and last- I would yield to my friend, Ms. KAP- direction, and that they have no oppo- ing way for a secret to be balanced TUR. sition to the passage of this bill, under- with the interest to not have sub- Ms. KAPTUR. Mr. Chairman, I just standing they have other concerns that marine patents and unknown informa- want to place on the record that Issa’s want to be addressed. tion. amendment, Issa’s choice, is would you The same applies for a number of I yield to the chairman of the full rather have the inventor shot with a pharmaceutical companies. The major committee. pistol or a rifle? In either case, he or institution, and they are not small Mr. CONYERS. We have reviewed the she ends up dead. guys, Mr. ROHRABACHER. Opposition to amendment. It’s an important con- Now, why is that? Because the 1999 this, concerns about this bill, come tribution. We are prepared to accept Patent Act required the Patent Office from large and important— the amendment. to publish on the Internet a patent ap- The Acting CHAIRMAN. The gentle- Mr. ISSA. I yield to the chairman of plication 18 months from the date of man’s time has expired. the subcommittee. filing. But the issue really is, it takes The question is on the amendment Mr. BERMAN. I thank the gen- an average of 31 months for patent re- offered by the gentleman from Michi- tleman, I also agree with the amend- view. Mr. ISSA, I think, brings it up to gan (Mr. CONYERS). ment. I would like to use the time, if 24 months. Thus, what happens is The question was taken; and the Act- you would allow me to finish the sen- there’s a gap between when it’s filed ing Chairman announced that the noes tence, which is with respect to these and when it’s approved, and you have appeared to have it. important companies, that, in the bio- to go up on the Internet. Under current Mr. BERMAN. Mr. Chairman, I de- technology and pharmaceutical field, I law, you can opt out of that so you can mand a recorded vote. just want to repeat, a number of things protect your invention and not have The Acting CHAIRMAN. Pursuant to they want, first-inventor-to-file, not some pirate in China or Japan or some- clause 6 of rule XVIII, further pro- first-to-file, first-inventor-to-file, re- where else take it from you. That is ceedings on the amendment offered by peal of the best-mode defense, reform not in this bill. the gentleman from Michigan will be of the inequitable-conduct defense, are The elimination of the opt-out provi- postponed. in this bill, and we intend to work with sion is a terrible, terrible omission and AMENDMENT NO. 2 OFFERED BY MR. ISSA them on the damages issue between a major change from existing law, and The Acting CHAIRMAN. It is now in now and a final conference report to the Issa amendment does not make it order to consider amendment No. 2 try to come to a better understanding better. printed in House Report 110–319. on that very important, but very com- Mr. ROHRABACHER. Reclaiming my Mr. ISSA. Mr. Chairman, I offer an plicated, field. time, Ms. KAPTUR has made a really amendment. important observation here, and that The Acting CHAIRMAN. The Clerk b 1400 is, at the end of the day, yeah, the Issa will designate the amendment. Mr. ISSA. I yield to the ranking amendment does make some changes, The text of the amendment is as fol- member of the full committee. but at the end of the day, there will be lows: Mr. SMITH of Texas. I thank my American patent applications in which Amendment No. 2 offered by Mr. ISSA: friend from California for yielding. I the inventor would like to keep secret Page 53, strike lines 9 through 15 and insert certainly endorse his amendment and until he gets the patent issued to him, the following: thank him for offering it. which will be published for all of the (a) PUBLICATION.—Section 122(b)(2)(B)(i) is Mr. ISSA. Mr. Chairman, I reserve thieves in China and India and Japan amended by striking ‘‘published as provided the balance of my time. and Korea and elsewhere who would in paragraph (1).’’ and inserting the fol- Mr. ROHRABACHER. Mr. Chairman, like to have all of that information be- lowing: ‘‘published until the later of— I rise in opposition to the amendment. ‘‘(I) three months after a second action is fore the patent is issued. There will taken pursuant to section 132 on the applica- The Acting CHAIRMAN. The gen- still be a significant number of patent tion, of which notice has been given or tleman from California is recognized applications published for the whole mailed to the applicant; or for 5 minutes. world to see, and the patent applicant ‘‘(II) the date specified in paragraph (1).’’. Mr. ROHRABACHER. First and fore- doesn’t want that. The Acting CHAIRMAN. Pursuant to most, let us note that over and over Ms. KAPTUR. Will the gentleman House Resolution 636, the gentleman again we hear, well, they are not op- yield further? from California (Mr. ISSA) and a Mem- posing the bill. Well, the labor unions Mr. ROHRABACHER. I certainly ber opposed each will control 5 min- and others, many of them are opposing will. utes. the bill. But the ones you’re describing, Ms. KAPTUR. I just would point out, The Chair recognizes the gentleman you’re just saying they aren’t nec- in the area of biology and microbi- from California. essarily supporting the bill. What we ology, the average amount of time for Mr. ISSA. Mr. Chairman, I rise in are saying, they are not supporting the patent approval is over 40 months. So, support of this amendment. bill. This has been reconfirmed by what in other words, your invention is out In short, this amendment simply my colleagues have said in the last 10 there, and you have no way to protect seeks to maintain our historic and im- minutes. it globally. portant American-only right for an in- Also, let us note, over and over again Mr. ROHRABACHER. So in the end, ventor who was denied a patent to keep we hear, we’re going to work this out. where Mr. ISSA’s amendment does take that patent a secret. We’re going to work all these things things one or two steps forward, the Additionally, it allows sufficient out in the bill as it moves through the fact is it doesn’t come anywhere close time in the process for a patent holder process, which means to all of us there to offering the protection that cur- to know that his patent, his or her pat- are major flaws in this bill, huge flaws rently exists in the law that is being ent, either will or will not likely be in this bill, and we have to take it just destroyed by the language in the Steal granted significant claims. on faith that they’re going to work out American Technologies Act, H.R. 1908. For that reason, we struck a balance all these flaws as it goes through the Let me just note, for my own situa- between the rest of the world that rec- process. tion, in terms of the chairman asking

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.074 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10298 CONGRESSIONAL RECORD — HOUSE September 7, 2007 me about my credentials in terms of what she brought up is crucial, and full such title, as added by subsection (a) of this being associated with labor, I was a understanding is essential as to this section, may not take effect before the end member of a labor union. I actually amendment. of a period of 60 days beginning on the date on which the Under Secretary of Commerce scrubbed toilets at times in my life. I This amendment, if it takes 10 years for Intellectual Property and Director of the have had menial jobs. I care about the to get a second office action, will give United States Patent and Trademark Office working people. My family comes from the inventor 10 years of no one else see- submits to each House of Congress a copy of working class farmers, poor farmers ing it. It is an infinite period of time, the regulation, together with a report con- and people who went off to defend this subject to the 20-year expiration. It is, taining the reasons for its adoption. The reg- country. in fact, an infinite period of time. And ulation and report so submitted shall be re- The American people, the standard of as an inventor, I chose the second of- ferred to the Committee on the Judiciary of living of ordinary people depends on fice action, even though small inven- the House of Representatives and the Com- mittee on the Judiciary of the Senate. technology. This bill that’s being pro- tors had said the first office action was (2) JOINT RESOLUTION OF DISAPPROVAL.—If a posed will give our technological se- good enough, because I was aware that joint resolution of disapproval with respect crets to our competitors which under- the first office action is most often a to the regulation is enacted into law, the mines the working people’s chances rejection over which you overcome regulation shall not become effective or con- here of competing with cheap labor most of the objections. The second re- tinue in effect. overseas. jection, if there is one, they usually ac- (3) JOINT RESOLUTION DEFINED.—For pur- Ms. KAPTUR. Will the gentleman cept some, and if they give you a rejec- poses of this subsection, the term a ‘‘joint yield on that? resolution of disapproval’’ means a joint res- tion, you usually don’t overcome them, olution, the matter after the resolving Mr. ROHRABACHER. I certainly and the venture community, if you’ve clause of which is as follows: ‘‘That Congress will. had a second rejection, tends to dis- disapproves the regulation submitted by the Ms. KAPTUR. I would like to defend count potential additional claims. So Under Secretary of Commerce for Intellec- your labor credentials. You voted that’s the reason I chose those because, tual Property and Director of the United against NAFTA on this floor. You were in fact, it gives you unlimited time to States Patent and Trademark Office on a leader on your side of the aisle. That pursue your patent up to and through a lll relating to lll, and such regulation shall have no force or effect.’’, with the first vote was proven to be right. second and, usually, final rejection. What this is going to do, this is going space being filled with the appropriate date, Ms. KAPTUR. Would the gentleman and the second space being filled with a de- to ‘‘NAFTAtize’’ the patent system and kindly yield to me? scription of the regulation at issue. allow China to infringe on more of our Mr. ISSA. I would be glad to yield to (4) REFERRAL.—A joint resolution of dis- inventions. We should not permit this the gentlelady. approval shall be referred in the House of to happen. We should be allowed to Ms. KAPTUR. Does your amendment Representatives to the Committee on the Ju- fully debate this for the people of this preserve the opt-out provision of exist- diciary and in the Senate to the Committee on the Judiciary. country. ing law? Two-thirds of the value of companies, (5) FLOOR CONSIDERATION.—A vote on final Mr. ISSA. It does. Under this provi- passage of a joint resolution of disapproval up to 80 percent of our industrial com- sion, if you receive your second and shall be taken in each House on or before the panies value, relate to their patents, usually final rejection and you say, close of the 15th day after the bill or resolu- and we should be given more respect. okay, I’m going to take my, within 90 tion is reported by the committee of that We should give our constituents more days, I’m going to discard my patent, House to which it was referred or after such respect than compressing this debate that wrapper is not available to any- committee has been discharged from further into such a narrow time slot. consideration of the joint resolution of dis- one. It remains a secret and you’re al- approval. Mr. ROHRABACHER. If this bill lowed to keep your trade secrets. passes, those people who will be our (6) NO INFERENCES.—If the Congress does Ms. KAPTUR. And how many months not enact a joint resolution of disapproval, competitors overseas, even if Mr. ISSA’s or years do you have to wait before you no court or agency may infer therefrom any amendment passes, they will have our get that opt-out provision? Can you do intent of the Congress with regard to such secrets before the patent is issued and it immediately? regulation or action. be outcompeting us with our own tech- The Acting CHAIRMAN. The gentle- (7) CALCULATION OF DAYS.—The 60-day pe- nologies. man’s time has expired. riod referred to in paragraph (1) and the 15- day period referred to in paragraph (5) shall ANNOUNCEMENT BY THE ACTING CHAIRMAN The question is on the amendment be computed by excluding— The Acting CHAIRMAN. Members offered by the gentleman from Cali- (A) the days on which either House of Con- are reminded to direct their comments fornia (Mr. ISSA). gress is not in session because of an adjourn- to the Chair. The question was taken; and the Act- ment of the Congress sine die; and Mr. CONYERS. Could the gentleman ing Chairman announced that the ayes (B) any Saturday and Sunday, not excluded from California (Mr. ISSA) yield brief- appeared to have it. under subparagraph (A), when either House ly? Mr. ROHRABACHER. Mr. Chairman, is not in session. Mr. ISSA. I would yield to the full (8) RULEMAKING AUTHORITY.—This sub- I demand a recorded vote. section is enacted by the Congress as an ex- committee chairman. The Acting CHAIRMAN. Pursuant to Mr. CONYERS. I’m glad we’ve all ercise of the rulemaking power of the Senate clause 6 of rule XVIII, further pro- and House of Representatives respectively, proved our working class credentials in ceedings on the amendment offered by and as such it is deemed a part of the rules support of working people, and I’m the gentleman from California will be of each House, respectively. very impressed, if not surprised. And so postponed. The Acting CHAIRMAN. Pursuant to I want to describe this debate that’s AMENDMENT NO. 3 OFFERED BY MR. ISSA House Resolution 636, the gentleman currently going on on this second pro- The Acting CHAIRMAN. It is now in from California (Mr. ISSA) and a Mem- vision. order to consider amendment No. 3 ber opposed each will control 5 min- Here is the one man in Congress with utes. more patents as a small-time inventor printed in House Report 110–319. Mr. ISSA. Mr. Chairman, I offer an The Chair recognizes the gentleman than anybody in the House and the from California. Senate being explained to why this is amendment. The Acting CHAIRMAN. The Clerk Mr. ISSA. Mr. Chairman, I’ll briefly contrary to the interests of small-time explain the amendment. Almost every will designate the amendment. inventors. Very interesting. single agency of the Federal Govern- The text of the amendment is as fol- Mr. ISSA. Reclaiming my time, I ment has rule-making authority. But, lows: yield myself such time as I may con- quite frankly, rules are, in fact, laws sume. Amendment No. 3 offered by Mr. ISSA made by agencies. So when the Patent I guess as a machinist union worker Page 67, insert the following after line 7: and Trademark Office repeatedly has (c) EFFECTIVE DATE OF REGULATIONS.— and a mechanic, I’ll get that out there asked us for rule-making authority, it (1) REVIEW BY CONGRESS.—A regulation pro- so that I get my claim to union mem- mulgated by the United States Patent and has been a long process to figure out bership and to having gotten a lot of Trademark Office under section 2(b)(2) of the best way to allow them to make grease under fingernails, for Ms. KAP- title 35, United States Code, with respect to rules but to retain our genuine con- TUR’s understanding, because I think any matter described in section 2(c)(6) of stitutional obligation over the effects

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.077 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10299 of those laws. So, in doing so, what we they knew could not pass if they had Mr. ROHRABACHER. Mr. Chairman, did was we crafted a constitutional re- the bright enough light of day shown I yield myself such time as I may con- view. We’re not allowed to veto these on them, and so we have a comprehen- sume. agencies, but we are allowed to over- sive bill to put some things in there Let me just note I think it is really rule them. And in doing so, what we that do more damage than good. much more important to talk about have decided to do is to allow any We need more time to look at these provisions of the bill rather than try- Member of the House or the Senate to provisions so that we can ensure that ing to point out things about each bring a motion in opposition to any there are more DARRELL ISSAS that get other, and that is one of the reasons we rule produced or proposed by the Pat- to have the same opportunities to do as needed more time in this debate so ent and Trademark Office, and we will, well and make us as proud as our good that we could actually get into the pro- in fact, within 60 days, hear that rule, friend from California. visions of this bill. Mr. ROHRABACHER. Mr. Chairman, that opposition and make a decision. The fact that no matter what hap- This is designed specifically to stop how much time do I have? The Acting CHAIRMAN. The gen- pens with Mr. ISSA’s first amendment, any overreaching under this underlying that still there will be patent applica- tleman from California has 21⁄2 minutes bill from potentially causing things remaining. tions that will be published for the which we would not have legislated to, The other gentleman from California world to see even before the patent is in fact, be legislated, while recognizing has 31⁄2 minutes remaining. issued; that our overseas competitors that we want the Patent and Trade- Mr. ROHRABACHER. I yield 1 will then have information that they mark Office to have the ability to minute to Ms. KAPTUR. will be able to use to outcompete us move swiftly and accurately to the Ms. KAPTUR. Mr. Chairman, I just even before our patents are issued to conclusion of patents on behalf of our wanted to place on the record opposi- those inventors who have applied for economy. tion to Mr. ISSA’s amendment to try to patents. Those are the issues we need Mr. Chairman, I reserve the balance politicize decision making that is done to talk about. of my time. by professionals over at the Patent Of- We need to talk about why the as- Mr. ROHRABACHER. Mr. Chairman, fice. But in doing so, also to place on sessment of damages has been changed I rise in opposition to the amendment. the record who’s financing the expen- in a way that helps these big guys, The Acting CHAIRMAN. The gen- sive lobbying campaign on behalf of these big companies that Ms. KAPTUR tleman from California is recognized the bill that is before us today. They has just outlined, as well as the foreign for 5 minutes. are a coalition of companies including corporations, I might add, at the ex- Mr. ROHRABACHER. This is yet an- transnational corporations: Adobe, pense of the small inventor. The inven- other example of why this overall bill Microsoft, Cisco, Intel, eBay, Lenovo, tor is just trying to prevent theft of his should be defeated. The fact is that we Dell and Oracle. lifetime of work. We have to know why shouldn’t be changing the provision 1415 we have had different ways of deter- and permitting outside agencies and b mining the validity of a patent and taking authority away from us from During the period of 1993–2005, four of opening up challenges in the front of setting the basic ground rules about them alone paid out more than $3.5 bil- the patent as well as afterwards so that patents in the first place. This idea lion in patent settlements. And in the we add cost after cost after cost to the that, well, let me put it this way. This same period, their combined revenues little guy. bill is so filled with this type of imper- were over $1.4 trillion, making their fection, and as we have had our guar- patent settlements only about one- We need to discuss these things in de- antee from those people who brought quarter of 1 percent of those revenues. tail. Instead we have 1 hour in which this bill to the floor so precipitously, Now they wish to reduce even those the opposition, I think, had 12 minutes they will work really hard to make costs, not by changing their obviously in order to discuss these issues. This sure all the flaws are out. I would sug- unfair and often illegal business prac- should raise a flag to everyone listen- tices, but by persuading Congress and gest that that statement alone should ing to this debate. Why is Congress try- also the Supreme Court to weaken U.S. have all these red flags going up for all ing to stampede the rest of the Mem- patent protections. bers of Congress into voting for an act of us. And then the muting of the oppo- We ought to stand up for American sition and not permitting us an ade- that could be so damaging to the inventors. We should not allow this bill American people? quate amount of time to actually dis- to go forward. It should have sunlight. cuss the provisions of the bill and not The Acting CHAIRMAN. The time of I know my colleagues are doing the the gentleman has expired. giving us time to control our own oppo- best they can, but they can surely do sition, again, should be the red flags Mr. ISSA. Mr. Chairman, I yield my- better than this. self such time as I may consume. for all of us who’s listening to this de- Mr. ISSA. Mr. Chairman, I am proud bate. to yield 1 minute to the chairman of Both of my amendments are intended 1 I yield 1 ⁄2 minutes to the gentleman the full committee, Mr. CONYERS. to improve this bill. I don’t stand be- from Texas (Mr. GOHMERT). Mr. CONYERS. Ladies and gentle- fore the Committee of the Whole to say Mr. GOHMERT. Mr. Chairman, I ap- men, I keep noticing that the oppo- that this bill will become perfect. As a preciate so much my friend from Cali- nents to the bill, opponents to the rule, matter of fact, in the general debate, I fornia. And, in fact, I like Mr. ISSA so opponents to the manager’s amend- named companies like BIOCOM and much, I want more people like DAR- ment, opponents to the amendments to GenProbe and Invitrogen, who are part RELL ISSA. I want more people to have include it in this are all opposed to ev- of UCSD CONNECT, who have specific the opportunity to create patents, to erything, anything. And I am glad areas we are including in the material use ingenuity, to do well based on their these great sons of Labor, like the gen- that they want continued work done thought processes. And I’m afraid now tleman from California who knows his on. They are, in fact, dissatisfied with this bill will prevent us from having voting record on Labor and so, unfortu- the bill because it hasn’t done every- the opportunity to have more DARRELL nately, do I, recognize how he is sup- thing it could do. But this amendment ISSAS. porting the working people and the on rulemaking which would stop an ar- The amendment works on one of the person who has invented more inven- bitrary decision by the Patent Office problems, well, gee, we’ll look at the tions than all of us put together is op- on something it may want to do such regulations. But, my goodness, this is a posing the small inventors. What a de- as eliminate continuations, et cetera, comprehensive bill. We keep hearing, bate this is. is there for a reason. And I would hope you know, we need comprehensive I just rise to let you know, sir, that that people who are going to perhaps bills. And red flags went up in my on this side of the aisle, we are proud oppose the bill as not yet good enough mind. And where have I heard that? Oh, to support this amendment. would recognize that it is crucial for yes, on immigration reform. We had to ANNOUNCEMENT BY THE ACTING CHAIRMAN this amendment to get into it if we are have a comprehensive bill because Mr. Acting CHAIRMAN. All Members going to protect against arbitrary ac- there were some things that needed to are reminded to address their com- tion by the Patent and Trademark Of- be passed, some people thought, that ments to the Chair. fice.

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.081 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10300 CONGRESSIONAL RECORD — HOUSE September 7, 2007 And last but not least, Ms. KAPTUR rector of the United States Patent and doesn’t wait 7 years or 10 years to give was kind enough to ask one more ques- Trademark Office (in this section referred to us answers. It’s 1 year. It provides us tion during the previous amendment as the ‘‘Director’’) shall conduct a study of with the opportunity in this landmark patent damage awards in cases where such that couldn’t be answered, and I just awards have been based on a reasonable roy- legislation to study the patent damage want to make it clear on the previous alty under section 284 of title 35, United awards in cases where such awards amendment, you will be able to keep States Code. The study should, at a min- have been based on a reasonable roy- your secret through an unlimited pe- imum, consider cases from 1990 to the alty under section 84 of title 35 of the riod of debate back and forth with the present. United States Code. The study should Patent Office up to two full rejections (b) CONDUCT.—In conducting the study at a minimum consider cases from 1990 under subsection (a), the Director shall in- and then 90 days in which to close. And vestigate, at a minimum, the following: to the present. It has a very detailed I would hope the gentlewoman would (1) Whether the mean or median dollar analysis, and what that will do is it recognize that that is an improvement amount of reasonable-royalty-based patent will find its way to this Congress and even if nothing is perfect. damages awarded by courts or juries, as the we will have a better way of assessing Ms. KAPTUR. Mr. Chairman, will the case may be, has significantly increased on a the impact. gentleman yield? per case basis during the period covered by We are concerned. Proportionality is Mr. ISSA. I yield to the gentlewoman the study, taking into consideration adjust- an issue. But we are not ignoring your from Ohio. ments for inflation and other relevant eco- nomic factors. concerns, and this particular study Ms. KAPTUR. Mr. Chairman, I thank (2) Whether there has been a pattern of ex- helps to bring us along. the gentleman very much for yielding. cessive and inequitable reasonable-royalty- Let me just quickly suggest the enti- As I said with ISSA’s choice, it is ei- based damages during the period covered by ties that will be impacted in a positive ther being shot with a pistol or a rifle. the study and, if so, any contributing fac- way: the American Intellectual Prop- It does not guarantee that once the tors, including, for example, evidence that erty Law Association, a number of uni- Federal courts have routinely and inappro- patent is granted that that person can versities that will be impacted from keep their intellectual property, can priately broadened the scope of the ‘‘entire market value rule’’, or that juries have rou- the University of Illinois to Massachu- opt out and not have it published for tinely misapplied the entire market value setts to the University of Iowa, Mary- that 18-month period. So we are taking rule to the facts at issue. land, Michigan, Minnesota, New Hamp- away that intellectual property protec- (3) To the extent that a pattern of exces- shire, North Carolina, Texas A&M. tion. sive and inequitable damage awards exists, Small inventors will be impacted by Mr. ISSA. Reclaiming my time, Mr. measures that could guard against such in- this study because it will give us more Chairman, under the current law when appropriate awards without unduly information. prejudicing the rights and remedies of patent your patent claims are granted, you I would ask my colleagues to support have an obligation to make available holders or significantly increasing litigation costs, including legislative reforms or im- this amendment. to the world and to people of ordinary proved model jury instructions. Thank you, Mr. Chairman for affording me skill in the art how to knock off your (4) To the extent that a pattern of exces- this opportunity to explain my amendment to product. That’s current law. That has sive and inequitable damage awards exists, H.R. 1908, the ‘‘Patent Reform Act of 2007.’’ been around since the founding. The whether legislative proposals that would Let me also thank the distinguished Chairman deal between the Patent Office, the mandate, or create a presumption in favor of the Judiciary Committee, Mr. CONYERS, and American people, if you will, and the of, apportionment of reasonable-royalty- based patent damages would effectively the Ranking Member, Mr. SMITH, for the exam- inventor is that you have disclosed to ple of bipartisan leadership coming together to the world if you are given those claims guard against such inappropriate awards without unduly prejudicing the rights and address the real problems of the American for a limited period of time. We are not remedies of patent holders or significantly people and the economy. changing that in 200 years. We are pro- increasing litigation costs. I especially wish to thank Mr. BERMAN and tecting your right if you are not grant- (c) REPORT.—Not later than 1 year after Mr. COBLE, the chair and ranking member of ed a patent. That is what current law the date of the enactment of this Act, the the Judiciary Subcommittee on Courts, Intel- does; that is what this amendment Director shall submit to the Congress a re- lectual Property, and the Internet for their hard does. port on the study conducted under this sec- work, perseverance, and visionary leadership The Acting CHAIRMAN. The ques- tion. in producing landmark legislation that should tion is on the amendment offered by The Acting CHAIRMAN. Pursuant to ensure that the American patent system re- the gentleman from California (Mr. House Resolution 636, the gentlewoman from Texas (Ms. JACKSON-LEE) and a mains the envy of the world. I am proud to ISSA). have joined with all of them as original co- The question was taken; and the Act- Member opposed each will control 5 sponsor of H.R. 1908, the Patent Reform Act ing Chairman announced that the ayes minutes. The Chair recognizes the gentle- of 2007. appeared to have it. woman from Texas. On behalf of the small business enterprises, Mr. ROHRABACHER. Mr. Chairman, Ms. JACKSON-LEE of Texas. Mr. technology firms, and academics I am privi- I demand a recorded vote. Chairman, I started out in this debate The Acting CHAIRMAN. Pursuant to leged to represent, I want to publicly thank to say that we worked very hard for a them for working with me on two other amend- clause 6 of rule XVIII, further pro- long period of time to be able to look ceedings on the amendment offered by ments to the bill offered by me which were at the small and the big, the big inven- adopted during the full committee markup. the gentleman from California will be tor and the little man inventor. All of postponed. Mr. Chairman, my amendment is a simple them have been great to America, and but important addition to this landmark legisla- AMENDMENT NO. 4 OFFERED BY MS. JACKSON- we have benefited from their inven- tion, which I believe can be supported by LEE OF TEXAS tions and their intellect. every member of this body. My amendment The Acting CHAIRMAN. It is now in This patent bill preserves the intel- calls for a study of patent damage awards in order to consider amendment No. 4 lectual property, the art, the inven- cases where such awards have been based printed in House Report 110–319. tion, the minds of America. And it on a reasonable royalty under Section 284 of Ms. JACKSON-LEE of Texas. Mr. does, in fact, protect us against those Title 35 of the United States Code. The study Chairman, I offer an amendment. who would undermine this very viable should, at a minimum, consider cases from The Acting CHAIRMAN. The Clerk economic engine, and that is our mind, 1990 to the present. The results of this study will designate the amendment. our talent. The text of the amendment is as fol- But I believe that all voices should be shall be reported to the House and Senate Ju- lows: heard. And throughout this whole proc- diciary Committees. I have attached to my statement a partial Amendment No. 4 offered by Ms. JACKSON- ess there is probably no one who fo- listing of groups, organizations, institutions, LEE of Texas: cused on the damages issue as much as At the end of the bill insert the following I did, the proportionality issue. And I and industries that will benefit from the study new section: worked with Mr. BERMAN and Mr. CON- called for in my amendment. SEC. 18. STUDY ON PATENT DAMAGES. YERS and our bipartisan friends. Mr. Chairman, Article I, Section 8, clause 8 (a) IN GENERAL.—The Under Secretary of So this gives us an opportunity, and of the Constitution confers upon the Congress Commerce for Intellectual Property and Di- my amendment is very simple. And it the power: ‘‘To promote the Progress of

VerDate Aug 31 2005 04:41 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K07SE7.084 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10301 Science and useful Arts, by securing for lim- duly prejudicing the rights and remedies of CardioDynamics, Cargill, Inc., Cassie- ited Times to Authors and Inventors the exclu- patent holders or significantly increasing litiga- Shipherd Group, Caterpillar, Celgene Cor- sive Right to their respective Writings and Dis- tion costs; and To the extent that a pattern of poration, Cell Genesys, Inc., Center 7, Inc. Center for Small Business and the Environ- coveries.’’ excessive and inequitable damage awards ex- ment, Centre for Security Policy, Cephalon, In order to fulfill the Constitution’s mandate, ists, whether legislative proposals that would CheckFree, Christian Coalition of America, we must examine the patent system periodi- mandate, or create a presumption in favor of, Cincinnati Sub-Zero Products, Coalition for cally to determine whether there may be flaws apportionment of reasonable royalty-based 21st Century Patent Reform, Coalitions for in its operation that may hamper innovation, patent damages would effectively guard America. including the problems described as de- against such inappropriate awards without un- CogniTek Management Systems, Inc., Col- creased patent quality, prevalence of subjec- duly prejudicing the rights and remedies of orado Bioscience Association, Conceptus, tive elements in patent practice, patent abuse, patent holders or significantly increasing litiga- Inc., CONNECT, Connecticut United for Re- and lack of meaningful alternatives to the pat- tion costs. search Excellence, Cornell University, Cor- ent litigation process. In short, Mr. Chairman my amendment can ning, Coronis Medical Ventures, Council for On the other hand, we must be mindful of be summed up as follows: For those who are America, CropLife America, Cryptography Research, Cummins Inc. the importance of ensuring that small compa- confident of the future, my amendment offers nies have the same opportunities to innovate vindication. For those who are skeptical that Cummins-Allison Corporation, CVRx Inc., Dais Analytic Corporation, Dartmouth Re- and have their inventions patented and that the new changes will work, my amendment will provide the evidence they need to prove gional Technology Center, Inc., Declaration the laws will continue to protect their valuable Alliance intellectual property. their case. And for those who believe that maintaining the status quo is intolerable, my Deltanoid Pharmaceuticals, Digimarc Cor- Chairman BERMAN is to be commended for poration, DirectPointe, Dow Chemical Com- amendment offers a way forward. his yeoman efforts in seeking to broker a con- pany, DuPont, Dura-Line Corporation, sensus on the subject of damages and royalty I urge all members to support my amend- Dynatronics Co., Eagle Forum, Eastman payments, which is covered in Section 5 of the ment. Chemical Company. bill. But as all have learned by now, this is an APPENDIX Economic Development Center, Edwards exceedingly complex issue. The complexity AmberWave Systems Aware, Inc., Canopy Lifesciences, Elan Pharmaceuticals, Inc., stems not from the unwillingness of competing Venture Partners, LLC, Cantor Fitzgerald, Electronics for Imaging, Eli Lilly and Com- interests to find common ground but from the LP, Cryptography Research, Cummins-Alli- pany, Ellman Innovations LLC, Enterprise son Corp., Digimarc Corporation, Fallbrook Partners Venture Capital, Evalve, Inc. Exxon interactive effects of patent litigation reform on Technologies, Inc., Helius, Inc, Immersion the royalty negotiation process and the future Mobil Corporation, Fallbrook Technologies Corporation, Inframat Corporation, Inter- Inc., FarSounder, Inc., Footnote.com, of innovation. Digital Communications Corporation, Inter- Gambro BCT, General Electric. Important innovations come from univer- molecular, Inc., LSI Metabolix. sities, medical centers, and smaller companies QUALCOMM, Inc., Symyx, Tessera, US Genomic Health, Inc., Gen-Probe Incor- Nanocorp. 3M, Abbott, Accelerated Tech- porated, Genzyme, Georgia Biomedical Part- that develop commercial applications from nership, Glacier Cross, Inc. their basic research. These innovators must nologies, Inc., Acorn Cardiovascular Inc., GlaxoSmithKline, Glenview State Bank, rely upon the licensing process to monetize Adams Capital Management, Adroit Medical Systems, Inc., AdvaMed, Advanced Diamond Hawaii Science & Technology Council, their ideas and inventions. Thus, it is very im- Technologies, Inc., Advanced Medical Optics, HealthCare Institute of New Jersey, portant that we take care not to harm this in- Inc., Advanced Neuromodulation Systems, HeartWare, Inc., Helius, Inc., Henkel Cor- cubator of tomorrow’s technological break- Inc., Aero-Marine Company. poration. throughs. It is for that reason that we need to AFL–CIO, Air Liquide, Air Products, ALD Hoffman-LaRoche, Inc., iBIO, Imago Sci- study whether patent damage awards in cases NanoSolutions, Inc., ALIO Industries, entific Instruments, Impulse Dynamics where such awards have been based on a Allergan, Inc., Almyra, Inc., AmberWave (USA), Inc., Indiana Health Industry Forum, reasonable royalty under 35 U.S.C. 284 have Systems Corporation, American Intellectual Indiana University, Innovation Alliance, In- Property Law Association (AIPLA), Amer- and are hindering technological innovation. stitute of Electrical and Electronics Engi- ican Seed Trade, Americans for Sovereignty, neers (IEEE)–USA. And it is important to emphasize Mr. Chair- Americans for the Preservation of Liberty, InterDigital Communications Corporation, man, that this evaluation will be based on em- Amylin Pharmaceuticals, AngioDynamics, Intermolecular, Inc., International Associa- pirical data rigorously analyzed. Inc. Applied Medical, Applied Nanotech, Inc. Among the matters to be studied and re- Argentis Pharmaceuticals, LLC, Arizona tion of Professional and Technical Engineers (IFPTE), Invitrogen Corporation, Iowa Bio- viewed are the following: Whether the mean or BioIndustry Association, ARYx Thera- peutics, Ascenta Therapeutics, Inc., Associa- technology Association, ISTA Pharma- median dollar amount of reasonably royalty- ceuticals, Jazz Pharmaceuticals, Inc., John- based patent damages awarded by courts or tion of University Technology Managers (AUTM), Asthmatx, Inc., AstraZeneca, son & Johnson, KansasBio, Leadership Insti- juries, as the case may be, has significantly Aware, Inc., Baxa Corporation, Baxter tute, Let Freedom Ring, Life Science Alley, increased on a per case basis during the pe- Healthcare Corporation, BayBio, Beckman LITMUS, LLC, LSI Corporation, Lux Capital riod covered by the study, taking into consid- Coulter, BIO—Biotechnology Industry Orga- Management, Luxul Corporation, Maryland eration adjustments for inflation and other rel- nization, BioCardia, Inc. Taxpayers’ Association. evant economic factors; Whether there has BIOCOM, Biogen Idec. Biomedical Associa- Masimo Corporation, Massachusetts Bio- been a pattern of excessive and inequitable tion, BioOhio, Bioscience Institute, Bio- technology Council, Massachusetts Medical reasonable-royalty based damages during the technology Council of New Jersey, Blacks for Device Industry Council (MassMEDIC), Economic Security Trust Fund, BlazeTech Maxygen Inc., MDMA—Medical Device Man- period covered by the study and, if so, any Corporation, Boston Scientific, Bridgestone ufacturer’s Association, Medical College of contributing factors; To the extent that a pat- Americas Holding, Inc., Bristol-Myers Wisconsin, Medlmmune, Inc., Medtronic, tern of excessive and inequitable damage Squibb, BuzzLogic, California Healthcare In- Merck, Metabasis Therapeutics, Inc., awards exists, measures that could guard stitute, Canopy Ventures, Carbide Derivative Metabolex, Inc., Metacure (USA), Inc., MGI against such inappropriate awards without un- Technologies, Cardiac Concepts, Inc. Pharma Inc., MichBio.

VerDate Aug 31 2005 04:41 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.087 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10302 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Michigan Small Tech Association, Michi- Mr. Chairman, I reserve the balance Academy, the FTC on this subject. And gan State University, Millennium Pharma- of my time. I think the gentlewoman’s amendment ceuticals, Inc., Milliken & Company, Mohr, Mr. ROHRABACHER. Mr. Chairman, to get still further information is valid. Davidow Ventures, Monsanto Company, I rise in opposition to the gentle- NAM—National Association of Manufactur- I support it. But certainly we have in- ers, NanoBioMagnetics, Inc. (NBMI), woman’s amendment. formation today that has been gained NanoBusiness Alliance, Nanolnk, Inc., The Acting CHAIRMAN. The gen- over an extensive process over half a Nanolntegris, Inc., Nanomix, Inc., Nanophase tleman from California is recognized decade. Technologies, NanoProducts Corporation, for 5 minutes. Mr. ROHRABACHER. Mr. Chairman, Nanosys, Inc., Nantero, Inc., National Center Mr. ROHRABACHER. Mr. Chairman, I yield 2 minutes to Mr. ROSCOE BART- for Public Policy Research, Nektar Thera- I yield 1 minute to Mr. MANZULLO. LETT, Ph.D., a man who holds 20 pat- peutics, Neoconix, Inc. Mr. MANZULLO. Mr. Chairman, ents, a man who is greatly respected Neuro Resource Group (NRG), Neuronetics, Inc., NeuroPace, New England Innovation what is interesting about the amend- for his scientific knowledge and who Alliance, New Hampshire Biotechnology ment from the gentlewoman from has been deeply appreciated for the ad- Council, New Hampshire Department of Eco- Texas is the fact that she wants to vice he has given us in that endeavor in nomic Development, New Mexico Biotech- have a study, and I agree with it, of the last 15 years in Congress. nical and Biomedical Association, New York patent damage awards from at least (Mr. BARTLETT of Maryland asked Biotechnology Association. 1990 to the present case. and was given permission to revise and Norseman Group, North Carolina Bio- So this is very interesting because extend his remarks.) sciences Organization, North Carolina State Mr. BARTLETT of Maryland. I thank University, North Dakota State University, here we are about to do this massive Northrop Grumman Corporation, North- change in law and no one has done the the gentleman for yielding. western University, Novartis, Novartis Cor- study. But now we are going to do the I have been, for the last couple of poration. study after we have this massive hours, doing what is seldom done in Novasys Medical Inc., NovoNordisk, change in law. this House. I have been listening to NUCRYST Pharmaceuticals, Inc., NuVasive, I’ll tell you, this train just turned every minute of this debate. And I felt Inc., Nuvelo, Inc., Ohio State University, around with the caboose going forward. compelled to come to the floor. OpenCEL, LLC, Palmetto Biotechnology Al- When I was listening to the debate, I ´ That is why this bill has to be ditched. liance, Patent Cafe.com, Inc., Patent Office was reminded of the story of the father Professional Association, Pennsylvania Bio, Mr. ROHRABACHER. Mr. Chairman, Pennsylvania State University, PepsiCo, I yield 1 minute to Mr. GOHMERT from who was looking at the white shirt Inc., Pfizer, PhRMA—Pharmaceutical Re- Texas. that he wore yesterday to see if he search and Manufacturers of America, Phys- Mr. GOHMERT. Mr. Chairman, our could wear it again. ical Sciences Inc., PointeCast Corporation. chairman of the Judiciary Committee Power Innovations International, Power b 1430 Metal Technologies, Inc., Preformed Line commented that it looks like the peo- And his daughter observed, daddy, if Products, Procter & Gamble, Professional In- ple opposed to anything are opposed to it’s doubtful, it’s dirty. And I thought ventors’ Alliance. everything. of that when I was listening to this de- ProRhythm, Inc., Purdue University, Pure I’m really not. I think this is a good bate because obviously this bill is Plushy Inc., QUALCOMM Inc., idea, a good amendment; and I applaud QuantumSphere, Inc., QuesTek Innovations doubtful. We’re amending it on the run. my colleague from Texas for pushing And I wonder if, Mr. Chairman, maybe LLC, Radiant Medical, Inc., Rensselaer Poly- this forward. technic Institute, Research Triangle Park, the little girl isn’t right, that if it’s NC, Retractable Technologies, Inc., I would like to have had these results doubtful, it’s dirty. RightMarch.com. before we went forward with this so- There’s been a lot of talk about pro- S & C Electric Company, Salix Pharma- called comprehensive bill. tecting the rights of the little guy. In ceuticals, Inc., SanDisk Corporation, Ms. JACKSON-LEE of Texas. Mr. a former life, I had 20 patents. And I’m Sangamo BioSciences, Inc., Semprius, Inc, Chairman, will the gentleman yield? Small Business Association of Michigan— really committed to protecting the Mr. GOHMERT. I yield to the gentle- rights of the little guy because I was a Economic Development Center, Small Busi- woman from Texas. ness Exporters Association of the United little guy, not just because of the little States, Small Business Technology Council, Ms. JACKSON-LEE of Texas. Mr. guy, but because most of our creativity Smart Bomb Interactive, Smile Reminder, Chairman, my intent was to respond to and innovation comes from the little SmoothShapes, Inc., Solera Networks, South the disparate voices. guy. Dakota Biotech Association, Southern Cali- Would you at least admit that this And what I would suggest is that if fornia Biomedical Council, Spiration, Inc., improves or adds to by giving us addi- this bill is so flawed that we’re modi- Standup Bed Company. tional information? fying it, amending it on the run and State of New Hampshire Department of Re- Mr. GOHMERT. Reclaiming my time, sources and Economic Development, Stella hope to make it okay when we come to Group, Ltd., StemCells, SurgiQuest, Inc., Mr. Chairman, as I said, I think it’s a conference, wouldn’t it be better just Symyx Technologies, Inc., Tech Council of good idea and I’m going to vote for it. to send it back to committee and do it Maryland/MdBio, Technology Patents & Li- But I would rather have this as a right the first time? censing, Tennessee Biotechnology Associa- stand-alone before we do all of these Ms. JACKSON-LEE of Texas. May I tion, Tessera, Inc., Texas A&M, Texas what some have referred to as draco- inquire as to how much time I have re- Healthcare, Texas Instruments, Three Arch nian comprehensive measures. Partners, United Technologies, University of maining? And I do not question whatsoever the The Acting CHAIRMAN. The gentle- California System, University of Illinois, sincerity or the effort on behalf of the University of Iowa, University of Maryland, woman from Texas has 2 minutes re- University of Michigan, University of Min- chairman for working people and oth- maining. nesota, University of New Hampshire, Uni- ers. And I do not question the sincerity Ms. JACKSON-LEE of Texas. I yield versity of North Carolina System, University when we were told, and I was among 45 seconds to the distinguished chair- of Rochester, University of Utah, University those who were told, you could be in a man, Mr. CONYERS. of Wisconsin-Madison. group that will revise this. I just never Mr. CONYERS. I rise only to say to US Business and Industry Council, US was given that opportunity. Council for International Business, USGI the distinguished previous speaker that Medical, USW—United Steelworkers, Van- Ms. JACKSON-LEE of Texas. Mr. this mistaken impression that this is derbilt University and Medical Center, Chairman, I yield 30 seconds to the being amended on the run is incorrect. Virent Energy Systems, Inc., Virginia Bio- gentlewoman from California (Ms. ZOE And I’m glad you listened to the full technology Association, Visidyne, Inc., LOFGREN). debate, and I respect your position. VisionCare Opthamalogic Technologies, Inc., Ms. ZOE LOFGREN of California. I The point that you think it’s being Washington Biotechnology & Biomedical As- thank the gentlewoman for yielding, amended on the run is that we had sociation. and I support the amendment. nearly 50 organizations in which we Washington University, WaveRx, Inc., I would just like to note, however, Wayne State University, Wescor, Inc., were negotiating with up until the last Weyerhaeuser, Wilson Sonsini Goodrich & that we have had over 21 hearings in moment, and even now, sir. That’s why Rosati, Wisconsin Alumni Research Founda- the subcommittee and have convened we have a manager’s amendment. tion (WARF), Wisconsin Biotechnology and several briefings on top of that. We Mr. BARTLETT of Maryland. Will Medical Device Association, Wyeth. have had reports from the National the gentleman yield?

VerDate Aug 31 2005 04:41 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.089 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10303 Mr. CONYERS. I will yield to the change the bill to make it better. So Mr. SMITH of Texas. Mr. Chairman, I gentleman. obviously the bill is being amended and thank my friend from Indiana for Mr. BARTLETT of Maryland. I was being changed on the run. yielding, and I want to point out that simply quoting what you said. The Acting CHAIRMAN. The ques- he is a member of the Intellectual Ms. JACKSON-LEE of Texas. May I tion is on the amendment offered by Property Subcommittee of the Judici- inquire as to how much time I have re- the gentlewoman from Texas (Ms. ary Committee. I know he is going to maining? JACKSON-LEE). describe this amendment very well, so The Acting CHAIRMAN. The gentle- The question was taken; and the Act- I will not go into that detail, but sim- woman from Texas has 11⁄4 minutes re- ing Chairman announced that the ayes ply urge my colleagues to support it. maining. appeared to have it. Mr. PENCE. I thank the gentleman Ms. JACKSON-LEE of Texas. Mr. Mr. ROHRABACHER. Mr. Chairman, for his support. Chairman, I yield the balance of my I demand a recorded vote. Mr. Chairman, the Constitution time to the distinguished gentleman The Acting CHAIRMAN. Pursuant to vests, in article I, section 8, clause 8, from California. clause 6 of rule XVIII, further pro- the power and the duty of the Congress Mr. BERMAN. I thank the ceedings on the amendment offered by ‘‘to promote the progress of science gentlelady, and I support her amend- the gentlewoman from Texas will be and useful arts by securing for limited ment. postponed. times to inventors the exclusive right Just to review the bidding, my friend AMENDMENT NO. 5 OFFERED BY MR. PENCE to their discoveries.’’ This is an express from California (Mr. ROHRABACHER) The Acting CHAIRMAN. It is now in obligation of the Congress under the over and over again talks about the order to consider amendment No. 5 Constitution. flaws in this bill. Other than four printed in House Report 110–319. Our patent laws, as currently writ- Gohmert amendments on the issue of Mr. PENCE. Mr. Chairman, I offer an ten, were essentially drafted over 50 venue and one amendment from the amendment. years ago, and I believe it is time to gentleman from Iowa that was an ear- The Acting CHAIRMAN. The Clerk update them to account for changes in mark amendment, no other amend- will designate the amendment. our dynamic 21st century economy. ments were kept from consideration We need to strengthen out patent The text of the amendment is as fol- here. For all the arguments about laws to make sure that patents that lows: flaws, where were the amendments to are issued are strong and high quality, correct the flaws that they talk about? Amendment No. 5 offered by Mr. PENCE: but I would submit that we also need Page 40, line 9, strike ‘‘identifies’’ and all For all the notions of, we’re not that follows through line 11 and insert the to reform our patent laws to eliminate against reform, but this one isn’t per- following: lawsuit abuse that has become so prev- fect, and this one isn’t right, and this ‘‘(1) identifies the same cancellation peti- alent. Aspects of this legislation will has some flaws, and it hasn’t resolved tioner and the same patent as a previous pe- do that; my amendment seeks to do every issue to everyone’s satisfaction, tition for cancellation filed under such sec- that further. nothing will, where is their alternative tion; or As I said before, I am sympathetic to bill? ‘‘(2) is based on the best mode requirement those who say that further work on I’m telling you, this is an issue of contained in section 112. damages needs to be done in con- whether we’re going to address a sys- The Acting CHAIRMAN. Pursuant to ference. I agree with their sentiment to tem that the National Academy of House Resolution 636, the gentleman that point, and I trust that will occur. Sciences and so many other objective from Indiana (Mr. PENCE) and a Mem- On balance, though, I have deter- agencies have said is getting near bro- ber opposed each will control 5 min- mined that this legislation is an impor- ken or doing nothing, and I suggest utes. tant and useful step toward modern- doing nothing is not a good answer for The Chair recognizes the gentleman izing and strengthening our American a Congress that wants to keep the from Indiana. patent law, and I am pleased to support American economy strong. Mr. PENCE. I yield myself such time it. But I encourage Members of the Mr. ROHRABACHER. Mr. Chairman, as I may consume. House not to take this step without I yield myself such time as I may con- (Mr. PENCE asked and was given per- first supporting the Pence amendment, sume. mission to revise and extend his re- which makes an important clarifica- Let’s note that there are several marks.) tion of provisions governing what is amendments that were not permitted Mr. PENCE. Mr. Chairman, I rise known as best mode in patent law. by the Rules Committee. I did not sub- today in support of an amendment that At the Judiciary Committee markup mit amendments because those of us would simply clarify patent law in of this bill, I first supported an amend- who have been following this bill real- what is known as ‘‘best mode.’’ ment which would have repealed best ize it is fundamentally flawed. The pur- Before explaining my amendment mode in full. American patent law re- pose of the bill is to support those and the need for it, I want to take a quires that a patent application, ‘‘set large corporations that Ms. KAPTUR brief moment to express my personal forth the best mode contemplated by noted who are dramatically supporting gratitude to Ranking Member Lamar the inventor of carrying out his inven- the legislation. And it is being opposed, Smith for his years of work on this tion’’ at the time the application is I might add, by a large number of uni- issue, and to express my appreciation filed. But providing the best mode at versities, unions, pharmaceutical in- not only to Chairman CONYERS, but to the time of application is not a require- dustries, biotech industries, et cetera, Chairman BERMAN, for the bipartisan ment in Europe or in Japan or in any et cetera. So we have everybody except manner in which they have proceeded of the rest of the world, and it has be- the electronics industry and the finan- on this legislation, so vital as it is to come a vehicle for lawsuit abuse. cial industry, who are already over in our national life and to our economic In my view, the best mode require- China making their profit at our ex- vitality. ment of American law imposes extraor- pense, are opposed to the bill. Years of countless hearings, great dinary and unnecessary costs on the in- I yield my remaining 30 seconds to dedication have gone into this bill on ventor and adds a subjective require- the gentleman from Maryland (Mr. both sides of the aisle. And while, Mr. ment to the application process, and I BARTLETT). Chairman, I’m not convinced that it’s a believe public interest is already ade- Mr. BARTLETT of Maryland. I just perfect bill, I believe, as the gentleman quately met in ensuring quality tech- wanted to clarify the basis for my ob- from California said, it’s a work in nical disclosures for patents. servation that the bill was being progress, as is all complex American At the Judiciary Committee, I of- amended on the run. I was simply law, and I think that moving forward is fered a best mode relief amendment quoting the chairman, who said that the right thing to do today. that was accepted. The Pence amend- they worked late last night changing With that, I would like to yield 1 ment then retained best mode as a the manager’s amendment, that they minute to the distinguished ranking specifications requirement for obtain- were going to continue to work member of the committee, the gen- ing a patent, the intent to maintain in through conference so that they could tleman from Texas. the law the idea that patent applicants

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.089 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10304 CONGRESSIONAL RECORD — HOUSE September 7, 2007 should provide extensive disclosure to Law Association (AIPLA), American Seed Metabolex, Inc., Metacure (USA), Inc., MGI the public about an invention. But the Trade, Americans for Sovereignty. Pharma Inc., MichBio, Michigan Small Tech Pence amendment endeavored to re- Americans for the Preservation of Liberty, Association, Michigan State University, Mil- Amylin Pharmaceuticals, AngioDynamics, move best mode from litigation. lennium Pharmaceuticals, Inc., Milliken & Inc., Applied Medical, Applied Nanotech, Company, Mohr, Davidow Ventures, Mon- Increasingly in patent litigation de- Inc., Argentis Pharmaceuticals, LLC, Ari- santo Company. fendants have put forth best mode as a zona BioIndustry Association, ARYx Thera- NAM—National Association of Manufac- defense and a reason to find patents peutics, Ascenta Therapeutics, Inc., Associa- turers, NanoBioMagnetics, Inc. (NBMI), unenforceable. It becomes virtually a tion of University Technology Managers NanoBusiness Alliance, NanoInk, Inc., satellite piece of litigation in and of (AUTM). NanoIntegris, Inc., Nanomix, Inc., itself, detracts from the actual issue of Asthmatx, Inc., AstraZeneca, Aware, Inc., Nanophase Technologies, NanoProducts Cor- infringement, and literally costs Amer- Baxa Corporation, Baxter Healthcare Cor- poration, Nanosys, Inc., Nantero, Inc., Na- poration, BayBio, Beckman Coulter, BIO— ican inventors millions in legal fees. tional Center for Public Policy Research, Biotechnology Industry Organization, Nektar Therapeutics, Neoconix, Inc., Neuro The intent of the amendment was to BioCardia, Inc., BIOCOM, Biogen Idec, Bio- Resource Group (NRG), Neuronetics, Inc., keep best mode in the Patent and medical Association, BioOhio, Bioscience In- NeuroPace, New England Innovation Alli- Trademark Office. My amendment stitute, Biotechnology Council of New Jer- ance, New Hampshire Biotechnology Coun- today continues this effort toward sey. cil, New Hampshire Department of Economic eliminating this archaic and costly Blacks for Economic Security Trust Fund, Development, New Mexico Biotechnical and provision of the law. Specifically, the BlazeTech Corporation, Boston Scientific, Biomedical Association, New York Bio- amendment today makes it clear that Bridgestone Americas Holding, Inc., Bristol- technology Association. Myers Squibb, BuzzLogic, California Norseman Group, North Carolina Bio- arguments about best mode cannot Healthcare Institute, Canopy Ventures, Car- sciences Organization, North Carolina State serve as the basis for post-grant review bide Derivative Technologies, Cardiac Con- University, North Dakota State University, proceedings. It’s quite simple in that cepts, Inc., CardioDynamics, Cargill, Inc., Northrop Grumman Corporation, North- effect. Cassie-Shipherd Group, Caterpillar, Celgene western University, Novartis, Novartis Cor- With my amendment, under the new Corporation, Cell Genesys, Inc., Center 7, poration, Novasys Medical Inc., post-grant review system, best mode Inc., Center for Small Business and the Envi- NovoNordisk, NUCRYST Pharmaceuticals, will not be litigated. That will lessen ronment, Centre for Security Policy, Inc. NuVasive, Inc., Nuvelo, Inc., Ohio State the burden put on patent holders in de- Cephalon, CheckFree, Christian Coalition of University, OpenCEL, LLC. America. Palmetto Biotechnology Alliance, Patent fending their patents in post-grant re- Cincinnati Sub-Zero Products, Coalition Cafe´.com, Inc., Patent Office Professional view proceedings, and it will prevent for 21st Century Patent Reform, Coalitions Association, Pennsylvania Bio, Pennsylvania the expenditure of millions of dollars for America, CogniTek Management Sys- State University, PepsiCo, Inc., Pfizer, in needless lawsuit abuse. tems, Inc., Colorado Bioscience Association, PhRMA—Pharmaceutical Research and Man- I encourage my colleagues to support Conceptus, Inc., CONNECT, Connecticut ufacturers of America, Physical Sciences the amendment. United for Research Excellence, Cornell Uni- Inc., PointeCast Corporation, Power Innova- Mr. CONYERS. Will the gentleman versity, Corning, Coronis Medical Ventures, tions International, PowerMetal Tech- yield? Council for America, CropLife America, nologies, Inc., Preformed Line Products, Mr. PENCE. I would be very pleased Cryptography Research, Cummins Inc., Procter & Gamble, Professional Inventors’ Cummins-Allison Corporation. to yield to the distinguished Chair. Alliance, ProRhythm, Inc., Purdue Univer- CVRx Inc., Dais Analytic Corporation, sity, Pure Plushy Inc., QUALCOMM Inc. Mr. CONYERS. Not only to thank the Dartmouth Regional Technology Center, QuantumSphere, Inc., QuesTek Innova- gentleman for producing this amend- Inc., Declaration Alliance, Deltanoid Phar- tions LLC, Radiant Medical, Inc., Rensselaer ment, but also to appreciate all the maceuticals, Digimarc Corporation, Polytechnic Institute, Research Triangle work that he did on helping us make DirectPointe, Dow Chemical Company, Du- Park, NC, Retractable Technologies, Inc., this bill as good as it was. We thank pont, Dura-Line Corporation, Dynatronics RightMarch.com, S & C Electric Company, you very much. Co., Eagle Forum, Eastman Chemical Com- Salix Pharmaceuticals, Inc., SanDisk Cor- Mr. PENCE. I thank the chairman for pany, Economic Development Center, Ed- poration, Sangamo BioSciences, Inc., his remarks. And I urge my colleagues wards Lifesciences, Elan Pharmaceuticals, Semprius, Inc., Small Business Association Inc., Electronics for Imaging, Eli Lilly and of Michigan—Economic Development Center, to support the Pence amendment so we Company, Ellman Innovations LLC, Enter- Small Business Exporters Association of the can further clarify the intended best prise Partners Venture Capital, Evalve, Inc. United States. mode relief. Exxon Mobile Corporation, Fallbrook Small Business Technology Council, Smart Mr. ROHRABACHER. Mr. Chairman, Technologies Inc., FarSounder, Inc. Foot- Bomb Interactive, Smile Reminder, I rise in opposition to the amendment. note.com. SmoothShapes, Inc., Solera Networks, South The Acting CHAIRMAN. The gen- Gambro BCT, General Electric, Genomic Dakota Biotech Association, Southern Cali- tleman from California is recognized Health, Inc., Gen-Probe Incorporated, fornia Biomedical Council, Spiration, Inc., for 5 minutes. Genzyme, Georgia Biomedical Partnership, Standup Bed Company, State of New Hamp- Glacier Cross, Inc., GlaxoSmithKline, Glen- Mr. ROHRABACHER. I would, first of shire Department of Resources and Eco- view State Bank, Hawaii Science & Tech- nomic Development, Stella Group, Ltd., all, submit for the RECORD a list of sev- nology Council, HealthCare Institute of New StemCells, SurgiQuest, Inc. eral hundred organizations, including Jersey, HeartWare, Inc., Helius, Inc., Henkel Symyx Technologies, Inc., Tech Council of unions and universities, et cetera, all Corporation, Hoffman-LaRoche, Inc. Maryland/MdBio, Technology Patents & Li- of whom have raised objections to the iBIO, Imago Scientific Instruments, Im- censing, Tennessee Biotechnology Associa- patent legislation, H.R. 1908, not nec- pulse Dynamics (USA), Inc., Indiana Health tion, Tessera, Inc., Texas A&M, Texas essarily that they’re all opposed to it, Industry Forum, Indiana University, Innova- Healthcare, Texas Instruments, Three Arch but they have strong objections. tion Alliance, Institute of Electrical and Partners. Electronics Engineers (IEEE)–USA, Inter- United Technologies, University of Cali- ORGANIZATIONS AND COMPANIES WHICH HAVE Digital Communications Corporation, Inter- fornia System, University of Illinois, Univer- RAISED OBJECTIONS TO PATENT LEGISLATION molecular, Inc., International Association of sity of Iowa, University of Maryland, Univer- (H.R. 1908) Professional and Technical Engineers sity of Michigan, University of Minnesota, Organizations and Companies Raising Ob- (IFPTE), Invitrogen Corporation, Iowa Bio- University of New Hampshire, University of jections to H.R. 1908, the Patent Reform Act technology Association, ISTA Pharma- North Carolina System, University of Roch- of 2007: 3M, Abbott, Accelerated Tech- ceuticals, Jazz Pharmaceuticals, Inc., John- ester, University of Utah, University of Wis- nologies, Inc., Acorn Cardiovascular Inc., son & Johnson, KansasBio, Leadership Insti- consin-Madison, US Business and Industry Adams Capital Management, Adroit Medical tute, Let Freedom Ring, Life Science Alley, Council, US Council for International Busi- Systems, Inc., AdvaMed, Advanced Diamond LITMUS, LLC. ness. Technologies, Inc., Advanced Medical Optics, LSI Corporation, Lux Capital Manage- USGI Medical, USW—United Steelworkers, Inc., Advanced Neuromodulation Systems, ment, Luxul Corporation, Maryland Tax- Vanderbilt University and Medical Center, Inc., Aero-Marine Company, AFL–CIO, Afri- payers’ Association. Virent Energy Systems, Inc., Virginia Bio- can American Republican Leadership Coun- Masimo Corporation, Massachusetts Bio- technology Association, Visidyne, Inc., cil. technology Council, Massachusetts Medical VisionCare Opthamalogic Technologies, Inc., Air Liquide, Air Products, ALD Device Industry Council (MassMEDIC), Washington Biotechnology & Biomedical As- NanoSolutions, Inc., ALIO Industries, Maxygen Inc., MDMA—Medical Device Man- sociation, Washington University, WaveRx, Allergan, Inc., Almyra, Inc., AmberWave ufacturer’s Association, Medical College of Inc. Systems Corporation, American Conserv- Wisconsin, MedImmune, Inc., Medtronic, Wayne State University, Wescor, Inc., ative Union, American Intellectual Property Merck, Metabasis Therapeutics, Inc., Weyerhaeuser, Wilson Sonsini Goodrich &

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.091 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10305 Rosati, Wisconsin Alumni Research Founda- I would like to place on the RECORD would be required. Like the body of caselaw, tion (WARF), Wisconsin Biotechnology and those facts that, in fact, lawsuits are a such a provision would need to account for Medical Device Association, Wyeth. minuscule percent of all patents re- many different types of circumstances, And we know there are many, many viewed and granted. And I would also which the present provision does not. people who have strong reservations, In my opinion, plucking limited language like to place on the RECORD from the out of the long list of factors summarized in even by the wording of what we have United States Court of Appeals the fol- the Georgia Pacific case that may be rel- heard from the other side of this de- lowing letter from the chief judge who evant in various cases is unsatisfactory, par- bate, that there are people who have states that the present bill creates a ticularly when cast as a rigid requirement serious questions, even though they new type of macroeconomic analysis imposed on the court, and required in every may not officially be in opposition. that would be extremely costly and case, rather than an assignment of a burden of proof under a clear standard of proof im- Well, if there are so many serious time consuming, far more so than cur- questions around that we have amend- posed on the party that should bear that par- rent application of the well-settled ap- ticular burden, and that would only arise in ments like that of Mr. PENCE and the portionment law. other amendments that we’ve heard, a rare case. As I said, under current caselaw, the burden of apportioning the base for rea- we shouldn’t be having this bill on this TABLE FOUR—PATENTS GRANTED AND LAWSUITS sonable royalties falls on the infringer, while floor at this time, much less muzzling COMMENCED the burden for application of the Entire Mar- the opposition so we have only an hour [FY 1992–2006] ket Value Rule falls on the patentee. In most to debate on the central issues of the cases, apportionment is not an issue requir- bill. Instead, we have had to argue our Patents Lawsuits as ing analysis. Patents a Percent of Further, as I also attempted to explain, case hamper-scamper here as opposi- Fiscal Year Granted Suits Com- Patents tion to the amendment to the bill only menced Granted the present bills require a new, kind of mac- to get time to offer a few objections. roeconomic analysis that would be ex- 2006 ...... 183,000 2,700 1.47 tremely costly and time consuming, far more That’s not the way this system is sup- 2005 ...... 165,000 2,720 1.64 2004 ...... 187,000 3,075 1.64 so than current application of the well-set- posed to work. And it’s not supposed to 2003 ...... 190,000 2,814 1.48 tled apportionment law. Resulting additional work that we bring bills to the floor 2002 ...... 177,000 2,700 1.52 court delays would be severe, as would addi- 2001 ...... 188,000 2,520 1.32 and ask Members to vote on it so that 2000 ...... 182,000 2,484 1.36 tional attorneys’ fees and costs. Many view we can fix it later on. That should raise 1999 ...... 159,000 2,318 1.45 current delays and costs as intolerable. 1998 ...... 155,000 2,218 1.43 In short, the current provision has the fol- flags for everybody that there is some- 1997 ...... 123,000 2,112 1.71 thing to fix in this bill. And the fact 1996 ...... 117,000 1,840 1.57 lowing shortcomings. First, it requires a that this bill has been brought to the 1995 ...... 114,000 1,723 1.51 massive damages trial in every case and does 1994 ...... 113,000 1,617 1.43 so without an assignment of burden of proof floor very quickly and that debate has 1993 ...... 107,000 1,553 1.45 on the proper party and articulation of a been limited, that alone should cause Sources: Data from the patents Granted is from USPTO Annual Reports. clear standard of proof associated with that people to want to vote ‘‘no’’ on H.R. Data for lawsuits commence is from the Federal Judicial Statistics. The law- burden. Second, the analysis required is suit data is as of March 31 of each year. The patents granted data is as of 1908 and send it back to committee and the Federal Fiscal Year. While the data is skewed by the different times vastly more complicated than that done see if we can have a bill that doesn’t used for the reporting years, a long-term view is created for this 14–year under current law. Third, the meaning of require Mr. PENCE to be up here. period. The author calculated the ratios. various phrases in the bills would be liti- And also this, before I yield to Ms. gated for many years creating an inter- UNITED STATES COURT OF APPEALS KAPTUR: Yes, there are problems with vening period of great uncertainty that FOR THE FEDERAL CIRCUIT, would discourage settlements of disputes the Patent Office, as has been de- Washington, DC, June 7, 2007. scribed. Bad patents are being issued. without litigation or at least prior to SHANA A. WINTERS, lengthy and expensive trials. This bill does nothing to cure that. Rayburn House Office Building, I appreciate your call and your effort to What this bill does is use that as a Washington, DC. better understand the gap between current cover to fundamentally change the DEAR MS. WINTERS: Thank you for your law and practice, and what the bills would rules of the game that are going to telephone call yesterday afternoon con- require. I am of course available if you need help those huge corporations that Ms. cerning determining damages in patent in- further assistance in understanding the re- fringement cases under the reasonable roy- KAPTUR talked about, as well as the ality behind my May letter to the Chairman. alty language of the Patent Act. As prom- Sincerely, overseas people who are waiting to ised, I have since reviewed some of the Fed- steal our technology. PAUL R. MICHEL, eral Circuit decisions that address aspects of Chief Judge. We can correct those problems, and I this subject, and I have also identified and would support that. You bring a bill to attached an article that should help you This gentleman’s amendment, as well the floor that gives more money to the more than reading individual opinions. Sig- as the underlying bill, would result in patent examiners, more training to the nificantly, it was written by a seasoned pat- additional court delays that could be patent examiners, keeps the money ent litigator with direct experience in how severe and would probably result in ad- that goes into the Patent Office there such damage theories are actually litigated ditional attorney fees and costs, and in court. Lawyers employed by particular to improve the system, you’re going to those additional costs are intolerable. have lots of support. But don’t use the companies, like most law professors, have little or no experience from that perspective. We are actually charging more for in- imperfections of the Patent Office as Mr. Rooklidge, by contrast, has several dec- ventors to maintain their inventions. an excuse to change the fundamental ades of litigation experience in precisely We tried to stop that several years ago protections for American inventors. these types of cases. and were unsuccessful in doing that. Mr. Chairman, I yield 2 minutes to His article was written since late April and the gentlewoman from Ohio (Ms. KAP- may be the most current available on the b 1445 TUR). subject. It is certainly clear and comprehen- And now we are, in this bill, creating Ms. KAPTUR. I thank the gentleman sive. In addition, it references some of the a more complicated legal system that for yielding and rise in opposition to testimony before your subcommittee in is going to cost them more money. We the amendment. April, as well as the specific language of the have a system that works. We have the I wanted to point out that in every pending bills. The footnotes cite other useful sources you best patent system in the world. We year when patents are granted the very may wish to consult, including authoritative have the most innovation in the world. small number of lawsuits that are gen- treatises by practitioner Robert Harmon and I hope this bill goes down to defeat so erated as a result of that. For example, Professor Donald Chisum, and several recent we can make it much, much better. We in the year 2006, there were 183,000 pat- articles on the point. They provide further had a system where we protect the in- ents granted; 1.47 percent actually background, which you may find helpful. ventor if they wish to opt out of having ended up in some type of lawsuit, and If the House Judiciary Committee intends their intellectual property put up on most of those lawsuits were settled be- to continue the damages law as currently the Internet, they have the right to do fore trial. practiced, after decades of refinement in in- dividual court decisions, it need do nothing. that. This bill takes that away. It is The current system is working very This body of law is highly stable and well un- one of the most egregious parts of this well for the majority of inventors as derstood by litigators as well as judges. If, bill that should be fixed. lawsuits have represented that smaller on the other hand, the Congress wishes to I thank the gentleman for yielding. percentage going back as far as the eye radically change the law, I suggest that a far Mr. ROHRABACHER. How much can see. more carefully-crafted and lengthy provision more time is left in this debate?

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.061 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10306 CONGRESSIONAL RECORD — HOUSE September 7, 2007 The Acting CHAIRMAN. The gen- Berry Gutierrez Pastor Duncan Kline (MN) Platts tleman from California now has 30 sec- Bishop (GA) Hall (NY) Payne Ehlers Knollenberg Poe Bishop (NY) Harman Pence Emerson Kucinich Radanovich onds remaining. The time of the gen- Blumenauer Hastings (FL) Perlmutter English (PA) Kuhl (NY) Regula tleman from Indiana has expired. Bono Hastings (WA) Peterson (MN) Etheridge LaHood Rehberg Mr. ROHRABACHER. I would yield Bordallo Heller Peterson (PA) Everett Lamborn Renzi Boren Hensarling Fallin Lampson myself the right to close, and this is Pomeroy Rogers (AL) Boswell Herseth Sandlin Porter Feeney Latham Rogers (MI) the final, I guess, arguments in this de- Boucher Higgins Price (GA) Ferguson LaTourette Rohrabacher bate. Boyda (KS) Hinchey Price (NC) Foxx Lewis (CA) Roskam Franks (AZ) Lewis (KY) We can correct the flaws at the Pat- Brady (PA) Hinojosa Pryce (OH) Rothman Brady (TX) Hirono Putnam Frelinghuysen Linder Ryan (OH) Garrett (NJ) Lipinski ent Office. We do not need to destroy Braley (IA) Hoekstra Rahall Saxton Gerlach LoBiondo the American patent system as it has Brown (SC) Honda Ramstad Schmidt Brown, Corrine Hoyer Gingrey Loebsack functioned for 200 years. We do not Rangel Shadegg Butterfield Inslee Goode Lucas Reyes Shea-Porter need to make all of our inventors vul- Campbell (CA) Israel Graves Mack Richardson Shuler Cannon Issa Hall (TX) Mahoney (FL) nerable to foreign theft so foreigners Rodriguez Souder Cantor Jackson (IL) Hare Manzullo and large corporations can steal their Rogers (KY) Stearns Capito Jackson-Lee Hayes Marchant Ros-Lehtinen creative genius and use it against us. Capps (TX) Herger McCotter Taylor Ross That is what this bill does. It is being Capuano Jefferson Hill McCrery Terry Roybal-Allard Cardoza Johnson (GA) Hobson McHenry Tiberi foisted off on us. The process has been Ruppersberger Turner flawed. As we can see, we have had lim- Carson Kagen Hodes McHugh Castor Kanjorski Rush Holt McIntyre Upton ited debate. They brought this to the Chandler Keller Ryan (WI) Hunter Melancon Walberg floor admitting there are flaws in the Clarke Kennedy Sali Johnson (IL) Mica Wamp ´ bill. We need to defeat the Steal Amer- Clay Kilpatrick Sanchez, Linda Johnson, E. B. Michaud Weldon (FL) Cleaver Kind T. Jones (NC) Miller (FL) Westmoreland ican Technologies Act and go back and Clyburn King (NY) Sarbanes Jordan Miller, Gary Whitfield work on it so we can make real reform Coble Kirk Schakowsky Kaptur Murphy, Tim Wicker rather than a bill that is going to help Cohen Klein (FL) Schiff Kildee Nunes Wilson (NM) Schwartz America’s economic adversaries. Conaway Langevin King (IA) Petri Wilson (SC) Conyers Lantos Scott (GA) Kingston Pitts Young (FL) I would ask my colleagues to join me Cooper Larsen (WA) Scott (VA) in supporting the little guy against the Costa Larson (CT) Sensenbrenner NOT VOTING—38 big guy and demonstrating that that is Costello Lee Serrano Baker Hooley Royce Crowley Levin Sessions the rules of the game here. Barrett (SC) Hulshof Salazar Cuellar Lewis (GA) Sestak Bishop (UT) Inglis (SC) Sanchez, Loretta The Acting CHAIRMAN. The ques- Culberson Lofgren, Zoe Sherman Boyd (FL) Jindal Shays tion is on the amendment offered by Cummings Lowey Shuster Carter Johnson, Sam Shimkus the gentleman from Indiana (Mr. Davis (AL) Lungren, Daniel Simpson Christensen Jones (OH) Sullivan Davis (IL) E. Sires Cubin McDermott Tancredo PENCE). Davis (KY) Lynch Skelton Davis, Jo Ann Pallone Walsh (NY) Davis, Lincoln Maloney (NY) Ellsworth Paul The amendment was agreed to. Slaughter Watson Davis, Tom Markey Fortun˜ o Pearce Mr. ROHRABACHER. Mr. Chairman, Smith (NE) Weller DeFazio Marshall Smith (NJ) Granger Pickering Woolsey I ask unanimous consent to withdraw DeGette Matheson Smith (TX) Hastert Reichert Young (AK) my requests for recorded votes on the Delahunt Matsui Smith (WA) Holden Reynolds amendments numbered 2, 3 and 4, to DeLauro McCarthy (CA) Snyder Diaz-Balart, L. McCarthy (NY) the end that each such amendment Solis b 1511 Diaz-Balart, M. McCaul (TX) Space stand disposed of by the voice vote Dicks McCollum (MN) Spratt Messrs. AKIN, HODES, BOEHNER, thereon. Dingell McGovern Stark Doggett McKeon POE, BURTON of Indiana, HOLT and Stupak The Acting CHAIRMAN. Is there ob- Donnelly McMorris RYAN of Ohio changed their vote from Sutton jection to the request of the gentleman Doolittle Rodgers Tanner ‘‘aye’’ to ‘‘no.’’ Doyle McNerney from California? Tauscher Messrs. KIRK, MEEKS of New York, Drake McNulty There was no objection. Thompson (CA) Dreier Meek (FL) MCCARTHY of California and AMENDMENT NO. 1 OFFERED BY MR. CONYERS Edwards Meeks (NY) Thompson (MS) GILCHREST changed their vote from Thornberry The Acting CHAIRMAN. Pursuant to Ellison Miller (MI) ‘‘no’’ to ‘‘aye.’’ Emanuel Miller (NC) Tiahrt clause 6 of rule XVIII, proceedings will Engel Miller, George Tierney So the amendment was agreed to. now resume on the amendment on Eshoo Mitchell Towns The result of the vote was announced which further proceedings were post- Faleomavaega Mollohan Udall (CO) as above recorded. Udall (NM) Farr Moore (KS) Stated against: poned. Fattah Moore (WI) Van Hollen The unfinished business is the de- Filner Moran (KS) Vela´ zquez Mr. INGLIS of South Carolina. Mr. Chair- mand for a recorded vote on the Flake Moran (VA) Visclosky man, on rollcall No. 862 I was unavoidably de- amendment offered by the gentleman Forbes Murphy (CT) Walden (OR) tained. Had I been present, I would have Fortenberry Murphy, Patrick Walz (MN) from Michigan (Mr. CONYERS) on which Fossella Murtha Wasserman voted ‘‘no.’’ further proceedings were postponed and Frank (MA) Musgrave Schultz The Acting CHAIRMAN. The ques- on which the noes prevailed by voice Gallegly Myrick Waters tion is on the committee amendment Giffords Nadler Watt in the nature of a substitute, as amend- vote. Gilchrest Napolitano Waxman The Clerk will redesignate the Gillibrand Neal (MA) Weiner ed. amendment. Gohmert Neugebauer Welch (VT) The committee amendment in the Gonzalez Norton Wexler nature of a substitute, as amended, was The Clerk redesignated the amend- Goodlatte Oberstar Wilson (OH) ment. Gordon Obey Wolf agreed to. RECORDED VOTE Green, Al Olver Wu The Acting CHAIRMAN. Under the Green, Gene Ortiz Wynn rule, the Committee rises. The Acting CHAIRMAN. A recorded Grijalva Pascrell Yarmuth vote has been demanded. Accordingly, the Committee rose; and the Speaker pro tempore (Mr. POM- A recorded vote was ordered. NOES—136 EROY) having assumed the chair, Mr. The vote was taken by electronic de- Aderholt Bonner Carnahan ROSS, Acting Chairman of the Com- vice, and there were—ayes 263, noes 136, Akin Boozman Carney Alexander Boustany Castle mittee of the Whole House on the State not voting 38, as follows: Bachmann Broun (GA) Chabot of the Union, reported that that Com- [Roll No. 862] Bartlett (MD) Brown-Waite, Cole (OK) Barton (TX) Ginny Courtney mittee, having had under consideration AYES—263 Biggert Buchanan Cramer the bill (H.R. 1908) to amend title 35, Abercrombie Arcuri Barrow Bilbray Burgess Crenshaw United States Code, to provide for pat- Ackerman Baca Bean Bilirakis Burton (IN) Davis (CA) ent reform, he reported the bill back to Allen Bachus Becerra Blackburn Buyer Davis, David Altmire Baird Berkley Blunt Calvert Deal (GA) the House with an amendment adopted Andrews Baldwin Berman Boehner Camp (MI) Dent by the Committee of the Whole.

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.095 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10307 The SPEAKER pro tempore. Under Rogers (KY) Simpson Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the rule, the previous question is or- Ross Skelton Udall (NM) The SPEAKER pro tempore (during Roybal-Allard Slaughter Van Hollen dered. Ruppersberger Smith (NJ) Vela´ zquez the vote). Members are advised 2 min- Is a separate vote demanded on any Rush Smith (TX) Walden (OR) utes remain in this vote. amendment reported from the Com- Ryan (WI) Smith (WA) Walz (MN) mittee of the Whole? If not, the ques- Sali Snyder Wasserman b 1530 Sa´ nchez, Linda Solis Schultz Mr. OLVER and Mr. FLAKE changed tion is on the amendment. T. Space Waters The amendment was agreed to. Sarbanes Spratt Watt their vote from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. The Schakowsky Stark Waxman Mr. SERRANO changed his vote from question is on the engrossment and Schiff Stupak Weiner ‘‘no’’ to ‘‘aye.’’ third reading of the bill. Scott (GA) Sutton Welch (VT) So the bill was passed. Scott (VA) Tanner Wexler The bill was ordered to be engrossed Sensenbrenner Tauscher Wicker The result of the vote was announced and read a third time, and was read the Serrano Thompson (CA) Wilson (NM) as above recorded. third time. Sessions Thompson (MS) Wolf A motion to reconsider was laid on The SPEAKER pro tempore. The Sestak Thornberry Wu the table. question is on the passage of the bill. Sherman Tiahrt Wynn Shuster Towns Yarmuth f The question was taken; and the Speaker pro tempore announced that NOES—175 CONFERENCE REPORT ON H.R. 2669, the ayes appeared to have it. Abercrombie Frelinghuysen Michaud COLLEGE COST REDUCTION AND RECORDED VOTE Aderholt Garrett (NJ) Miller (FL) ACCESS ACT Mr. ROHRABACHER. Mr. Speaker, I Akin Gerlach Miller (MI) The SPEAKER pro tempore. The un- Alexander Gingrey Miller, Gary demand a recorded vote. Altmire Gohmert Mollohan finished business is the question on A recorded vote was ordered. Baca Goode Moore (WI) adoption of the conference report on The SPEAKER pro tempore. Pursu- Bachmann Graves Moran (KS) the bill, H.R. 2669, on which the yeas ant to clause 8 of rule XX, this 15- Bartlett (MD) Grijalva Murphy, Patrick and nays were ordered. Barton (TX) Hall (TX) Murphy, Tim minute vote on passage of H.R. 1908 Berry Hare Myrick The Clerk read the title of the bill. will be followed by a 5-minute vote on Biggert Hayes Oberstar The SPEAKER pro tempore. The adopting the conference report to ac- Bilbray Herseth Sandlin Olver question is on the conference report. company H.R. 2669. Bilirakis Higgins Pascrell This will be a 5-minute vote. Blackburn Hill The vote was taken by electronic de- Pastor The vote was taken by electronic de- Blunt Hinchey Payne vice, and there were—ayes 220, noes 175, Boehner Hirono Peterson (MN) vice, and there were—yeas 292, nays 97, not voting 37, as follows: Boozman Hobson Petri not voting 43, as follows: Boustany Hodes [Roll No. 863] Pitts [Roll No. 864] Broun (GA) Hoekstra Platts AYES—220 Brown (SC) Holt Poe YEAS—292 Ackerman Dicks Lantos Brown-Waite, Hunter Price (NC) Abercrombie Costa Hayes Allen Dingell Larsen (WA) Ginny Inglis (SC) Rahall Ackerman Costello Heller Andrews Doggett Larson (CT) Buchanan Johnson (IL) Ramstad Aderholt Courtney Herseth Sandlin Arcuri Doolittle Lee Burgess Johnson, E. B. Regula Allen Cramer Higgins Bachus Doyle Levin Burton (IN) Jones (NC) Rehberg Altmire Crowley Hinchey Baird Drake Lewis (GA) Buyer Jordan Renzi Andrews Cuellar Hinojosa Baldwin Dreier Lofgren, Zoe Calvert Kanjorski Rogers (AL) Arcuri Cummings Hirono Barrow Edwards Lowey Camp (MI) Kaptur Rogers (MI) Baca Davis (AL) Hobson Bean Ellison Lungren, Daniel Capuano Kildee Rohrabacher Baird Davis (CA) Hodes Carney Becerra Emanuel E. King (IA) Ros-Lehtinen Baldwin Davis (IL) Holt Castle Kingston Berkley Engel Lynch Roskam Barrow Davis, Lincoln Honda Chabot Kirk Berman Eshoo Mahoney (FL) Rothman Bean Davis, Tom Hoyer Clarke Kline (MN) Bishop (GA) Farr Maloney (NY) Ryan (OH) Becerra DeFazio Inglis (SC) Bishop (NY) Fattah Marchant Cole (OK) Knollenberg Berkley DeGette Inslee Saxton Blumenauer Filner Markey Conaway Kucinich Berman Delahunt Israel Schmidt Bonner Forbes Marshall Costello Kuhl (NY) Berry DeLauro Jackson (IL) Schwartz Bono Fortenberry Matheson Courtney LaHood Biggert Dent Jackson-Lee Shadegg Boren Fossella Matsui Cramer Lamborn Bilirakis Diaz-Balart, L. (TX) Shea-Porter Boswell Frank (MA) McCarthy (CA) Crenshaw Lampson Bishop (GA) Diaz-Balart, M. Jefferson Boucher Gallegly McCarthy (NY) Davis (CA) Latham Shuler Bishop (NY) Dingell Johnson (GA) Boyda (KS) Giffords McCaul (TX) Davis (KY) LaTourette Sires Blumenauer Doggett Johnson (IL) Brady (PA) Gilchrest McGovern Davis, David Lewis (CA) Smith (NE) Bono Donnelly Johnson, E. B. Brady (TX) Gillibrand McKeon Deal (GA) Lewis (KY) Souder Boozman Edwards Jones (NC) Braley (IA) Gonzalez McMorris DeFazio Linder Stearns Boren Ellison Kagen Brown, Corrine Goodlatte Rodgers DeLauro Lipinski Taylor Boswell Emanuel Kanjorski Butterfield Gordon McNerney Dent LoBiondo Terry Boucher Emerson Kaptur Campbell (CA) Green, Al Meek (FL) Donnelly Loebsack Tiberi Boyda (KS) Engel Keller Cannon Green, Gene Meeks (NY) Duncan Lucas Tierney Brady (PA) English (PA) Kennedy Cantor Gutierrez Miller (NC) Ehlers Mack Turner Braley (IA) Eshoo Kildee Capito Hall (NY) Miller, George Emerson Manzullo Upton Brown (SC) Etheridge Kilpatrick Capps Harman Mitchell English (PA) McCollum (MN) Visclosky Brown, Corrine Fallin Kind Cardoza Hastings (FL) Moore (KS) Etheridge McCotter Walberg Brown-Waite, Farr King (NY) Carson Hastings (WA) Moran (VA) Everett McCrery Wamp Ginny Fattah Kirk Castor Heller Murphy (CT) Fallin McHenry Weldon (FL) Buchanan Ferguson Klein (FL) Chandler Hensarling Murtha Feeney McHugh Westmoreland Butterfield Filner Knollenberg Clay Herger Musgrave Ferguson McIntyre Whitfield Buyer Forbes Kucinich Cleaver Hinojosa Nadler Flake McNulty Wilson (OH) Camp (MI) Fortenberry Kuhl (NY) Clyburn Honda Napolitano Foxx Melancon Wilson (SC) Capito Fossella LaHood Coble Hoyer Neal (MA) Franks (AZ) Mica Young (FL) Capps Frank (MA) Lampson Cohen Inslee Neugebauer Capuano Frelinghuysen Langevin Conyers Israel Nunes NOT VOTING—37 Cardoza Gerlach Lantos Cooper Issa Obey Carnahan Giffords Larsen (WA) Costa Jackson (IL) Ortiz Baker Hulshof Salazar Carney Gilchrest Larson (CT) Crowley Jackson-Lee Pence Barrett (SC) Jindal Sanchez, Loretta Carson Gillibrand LaTourette Cuellar (TX) Perlmutter Bishop (UT) Johnson, Sam Shays Castle Gohmert Lee Culberson Jefferson Peterson (PA) Boyd (FL) Jones (OH) Shimkus Castor Gonzalez Levin Cummings Johnson (GA) Pomeroy Carnahan McDermott Sullivan Chandler Gordon Lewis (GA) Davis (AL) Kagen Porter Carter Pallone Tancredo Clarke Graves Lipinski Davis (IL) Keller Price (GA) Cubin Paul Walsh (NY) Clay Green, Al LoBiondo Davis, Lincoln Kennedy Pryce (OH) Davis, Jo Ann Pearce Watson Cleaver Grijalva Loebsack Davis, Tom Kilpatrick Putnam Ellsworth Pickering Clyburn Gutierrez Lofgren, Zoe Weller DeGette Kind Radanovich Granger Rangel Cohen Hall (NY) Lowey Woolsey Delahunt King (NY) Reyes Hastert Reichert Cole (OK) Hare Lucas Young (AK) Diaz-Balart, L. Klein (FL) Richardson Holden Reynolds Conyers Harman Lynch Diaz-Balart, M. Langevin Rodriguez Hooley Royce Cooper Hastings (FL) Mahoney (FL)

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.098 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10308 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Maloney (NY) Peterson (PA) Slaughter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE There was no objection. Markey Petri Smith (NJ) The SPEAKER pro tempore (during Marshall Platts Smith (WA) f the vote). Members are advised there Matheson Pomeroy Snyder GENERAL LEAVE Matsui Porter Solis are 2 minutes remaining in this vote. McCarthy (CA) Price (NC) Space Mr. YARMUTH. Mr. Speaker, I ask b 1538 McCarthy (NY) Pryce (OH) Spratt unanimous consent to allow 5 legisla- McCaul (TX) Rahall Stark So the conference report was agreed tive days in which Members may revise McCollum (MN) Ramstad Stearns to. McCotter Rangel Stupak and extend and place extraneous mate- McGovern Regula Sutton The result of the vote was announced rial relevant to the conference report McHugh Rehberg Tanner as above recorded. on H.R. 2669 into the RECORD. McIntyre Renzi Tauscher A motion to reconsider was laid on The SPEAKER pro tempore. Is there McNerney Reyes Taylor the table. objection to the request of the gen- McNulty Richardson Thompson (CA) Meek (FL) Rodriguez Thompson (MS) Stated for: tleman from Kentucky? Meeks (NY) Rogers (AL) Tiahrt Mr. REYNOLDS. Mr. Speaker, on Friday, There was no objection. Melancon Rogers (KY) Tiberi September 7, 2007, I was unavoidably absent f Michaud Rogers (MI) Tierney Miller (MI) Ros-Lehtinen during rollcall vote No. 864. Towns Had I been present, I would have voted A FURTHER MESSAGE FROM THE Miller (NC) Ross Turner Miller, George SENATE Rothman Udall (CO) ‘‘yea’’ on rollcall vote No. 864. Mitchell Roybal-Allard Udall (NM) Mr. GENE GREEN of Texas. Mr. A further message from the Senate Mollohan Ruppersberger Upton Speaker, on rollcall No. 864, the higher Moore (KS) Rush by Ms. Curtis, one of its clerks, an- Van Hollen Moore (WI) Ryan (OH) education conference report, had I been nounced that the Senate has passed Vela´ zquez Moran (KS) Sa´ nchez, Linda present, I would have voted ‘‘yea.’’ with an amendment in which the con- Visclosky Moran (VA) T. Walden (OR) Mr. SMITH of Texas. Mr. Speaker, if I were currence of the House is requested, a Murphy (CT) Sarbanes Murphy, Patrick Saxton Walz (MN) present during the vote on the conference re- bill of the House of the following title: Murphy, Tim Schakowsky Wasserman port on H.R. 2669, the ‘‘College Cost Reduc- H.R. 2642. An act making appropriations Murtha Schiff Schultz tion Act,’’ I would have voted ‘‘yes.’’ for military construction, the Department of Nadler Schwartz Watt Veterans Affairs, and related agencies for Waxman f Napolitano Scott (GA) the fiscal year ending September 30, 2008, and Weiner Neal (MA) Scott (VA) PERSONAL EXPLANATION for other purposes. Oberstar Serrano Welch (VT) Obey Sestak Wexler Mr. SHAYS. Mr. Speaker, on September 7, The message also announced that the Olver Shea-Porter Whitfield 2007, I missed 3 recorded votes. Senate insists upon its amendment to Wilson (NM) Ortiz Sherman I take my voting responsibility very seri- the bill (H.R. 2642) ‘‘An Act making ap- Pascrell Shuler Wilson (OH) Pastor Shuster Wolf ously. Had I been present, I would have voted propriations for military construction, Payne Simpson Wu ‘‘no’’ on recorded vote number 862, ‘‘no’’ on the Department of Veterans Affairs, Perlmutter Sires Wynn recorded vote 863 and ‘‘yea’’ on recorded vote and related agencies for the fiscal year Peterson (MN) Skelton Yarmuth 864. ending September 30, 2008, and for NAYS—97 f other purposes,’’ requests a conference with the House on the disagreeing Akin Feeney Miller (FL) PERSONAL EXPLANATION Alexander Flake Miller, Gary votes of the two Houses thereon, and Bachmann Foxx Musgrave Mr. CARTER. Mr. Speaker, on September appoints. Mr. JOHNSON, Mr. INOUYE, Ms. Bachus Franks (AZ) Myrick 7, 2007, I was unable to be present for all roll- LANDRIEU, Mr. BYRD, Mrs. MURRAY, Mr. Bartlett (MD) Gallegly Neugebauer call votes due to a family medical emergency. REED, Mr. NELSON (NE), Mr. LEAHY, Barton (TX) Garrett (NJ) Nunes If present, I would have voted accordingly Mrs. HUTCHISON, Mr. CRAIG, Mr. Bilbray Gingrey Pence Bishop (UT) Goode Pitts on the following rollcall votes: Roll No. 860— BROWNBACK, Mr. ALLARD, Mr. MCCON- Blackburn Goodlatte Poe ‘‘nay’’; roll No. 861—‘‘nay’’; roll No. 862— NELL, Mr. BENNETT, and Mr. COCHRAN, Blunt Hall (TX) Price (GA) Boehner Hastings (WA) ‘‘aye’’; roll No. 863—‘‘aye’’; roll No. 864— to be the conferees on the part of the Bonner Hensarling Putnam ‘‘nay’’. Senate. Radanovich Boustany Herger f f Brady (TX) Hoekstra Rohrabacher Broun (GA) Hunter Roskam GENERAL LEAVE LEGISLATIVE PROGRAM Burgess Issa Ryan (WI) Burton (IN) Jordan Sali Mr. CONYERS. Mr. Speaker, I ask (Mr. BLUNT asked and was given Calvert King (IA) Schmidt unanimous consent that all Members permission to address the House for 1 Campbell (CA) Kline (MN) Sensenbrenner minute.) Cannon Lamborn Sessions may have 5 legislative days in which to Cantor Latham Shadegg revise and extend their remarks and to Mr. BLUNT. Mr. Speaker, I yield to Chabot Lewis (CA) Smith (NE) insert extraneous material on H.R. my good friend, the majority leader, Coble Lewis (KY) Souder 1908. the gentleman from Maryland (Mr. Conaway Lungren, Daniel Terry The SPEAKER pro tempore (Mr. HOYER), to give us the information Crenshaw E. Thornberry Culberson Mack Walberg ELLISON). Is there objection to the re- about next week’s schedule. Davis (KY) Manzullo Wamp quest of the gentleman from Michigan? Mr. HOYER. Mr. Speaker, I thank Davis, David Marchant Weldon (FL) my friend for yielding. Deal (GA) McCrery There was no objection. Westmoreland Doolittle McHenry f On Monday, the House will meet at Drake McKeon Wicker 10:30 a.m. for morning hour business Wilson (SC) Dreier McMorris AUTHORIZING THE CLERK TO and noon for legislative business, with Duncan Rodgers Young (FL) MAKE CORRECTIONS IN EN- Ehlers Mica votes rolled until 6:30 p.m. In addition GROSSMENT OF H.R. 1908, PAT- to several bills under suspension of the NOT VOTING—43 ENT REFORM ACT OF 2007 rules, a list of those bills of course will Baker Hooley Salazar Mr. CONYERS. Mr. Speaker, I ask be made available by the close of busi- Barrett (SC) Hulshof Sanchez, Loretta unanimous consent that, in the en- ness today, we will consider a resolu- Boyd (FL) Jindal Shays grossment of the bill, H.R. 1908, the tion in commemoration of the terrorist Carter Johnson, Sam Shimkus Clerk be authorized to correct section attack on September 11, 2001. Cubin Jones (OH) Smith (TX) Davis, Jo Ann Kingston Sullivan numbers, cross-references, punctua- On Tuesday, the House will meet at Dicks Linder Tancredo tion, and indentation, and to make 10:30 a.m. in a pro forma session. There Doyle McDermott Walsh (NY) Ellsworth Pallone other technical and conforming will be no votes. No legislative business Waters Everett Paul changes as necessary to reflect the ac- or votes are expected. The tragic loss Watson Granger Pearce Weller tions of the House. of Mr. Gillmor saddened us all. His fu- Green, Gene Pickering The SPEAKER pro tempore. Is there neral is on that day, and many Mem- Hastert Reichert Woolsey Hill Reynolds Young (AK) objection to the request of the gen- bers will be attending. It will take Holden Royce tleman from Michigan? place that morning in Ohio.

VerDate Aug 31 2005 03:03 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A07SE7.065 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10309 There will later in the day, when have been held in that room. So we cer- ments throughout there. We did notice those who are going to Ohio return, on tainly recognize the importance of this that Ways and Means Committee had a the steps of the Capitol at 4:30 p.m. be hearing, the gravity of the information hearing scheduled on the Peru Free a meeting of the Members who are here that we will be receiving, and we have Trade Agreement next week, which from both the Senate and the House in attempted to accommodate that. starts a clock. It would almost inevi- remembrance of those who lost their Mr. BLUNT. It’s my understanding, tably bring that bill to the floor on an lives on September 11, 2001, in that also, for the leader, on that hearing, understood date. That hearing has been tragic and vicious attack on our coun- not only the Members of the com- scheduled. I wonder if my friend has try and on so many innocent people. mittee but other Members who are not any information on either that agree- The House will not meet on Wednes- on the committee will have accommo- ment or the other agreements out day or Thursday in observance of Rosh dated opportunities for seating at least there, particularly the agreement on Hashanah and will meet at 10 a.m. in to be there to hear what General Colombia. pro forma session on Friday, and I Petraeus and Ambassador Crocker have Mr. HOYER. As the gentleman well thank the gentleman for yielding. to say. knows, there are four trade agreements Mr. BLUNT. I thank the gentleman. I Mr. HOYER. That’s my under- that are the subject of consideration by also thank the gentleman for his ac- standing, yes, sir. the administration, and four of our commodation to the schedule. I know I Mr. BLUNT. I appreciate that. Only a trading partners: Peru, Panama, Co- want to go and many other Members couple of other questions about the lombia, as you point out, and South will want to attend the memorial serv- schedule that now has largely been Korea. Those have not been trans- ice for our good friend Paul Gillmor postponed for next week. mitted to the Congress, but it does who did so much work for his constitu- At one time, I think it was the origi- start the clock. ents in this House, and I know in an al- nal intent or at least my impression And in discussions with the chair- ready short week that was a real chal- that the TRIA issue would be voted on, man, I know the chairman has been fo- lenge to be able to figure out what we the extraordinary loss issue that might cused. As you know, he visited Peru should do and how we should do it. occur as it relates to insured property and Panama. I am not sure he visited My understanding now is, just to re- on Monday. I’ve been also told that Panama, I just talked with the Pan- peat some of what you said, that in ad- there is now a PAYGO rule because of amanians. Surely those two groups are dition to the 9/11 commemoration reso- the way that bill has been calculated the focus of the committee at this lution on Monday, everything else on to have some potential costs. I wonder point, on Colombia, focused, as well as Monday on the floor will be a suspen- if we have anymore information about South Korea. sion vote. how quickly we may be able to get to As I discussed with my friend earlier Mr. HOYER. Would the gentleman this version of TRIA that we had hoped in the day, I am hopeful that the chair- yield? to be on the House floor next week, and man, the chairman believes that Peru Mr. BLUNT. I would yield. I yield. will be the first of those to move. We Mr. HOYER. Yes, that is our inten- Mr. HOYER. I thank the gentleman are hopeful that those, that that agree- tion. There will be suspension votes so for yielding. We believe the TRIA bill ment will move, and then we will have that we do not have a lot of con- is a very, very important bill. Chair- to see the scheduling for the other troversy. man FRANK has been very involved in three. But I do expect Peru to move, I will say, however, as the gentleman this, as have bipartisan Members of the hopefully, within the next 30 days, or well knows, that Monday will be a very Financial Services Committee been in- about, somewhere probably early next important day because General volved in this. The gentleman is cor- month. Petraeus and Ambassador Crocker will rect. As a result of what has happened Mr. BLUNT. I have a couple of other be on Capitol Hill on the House side for next week, we determined that both questions that are more in the long- testifying on their report to the Con- the FHA bill and the TRIA bill, which range view of schedule. One would be gress and to the American people with were both scheduled for the beginning on appropriations. respect to their analysis of the present of next week, would be moved until Mr. HOYER. I will tell the gentleman situation in Iraq and the present situa- hopefully the following week. that I am not very good on long term. tion of our troops and the security and We found a lot of contingencies coming b 1545 stability of that country. up. So it will be a very important day, We believe for TRIA and FHA, in Mr. BLUNT. This week even short but the gentleman is correct, we will light of the subprime issues, that term was a challenge. not be scheduling other than suspen- Chairman FRANK is working with the Mr. HOYER. That’s right. sion votes for that Monday, and there administration. I know he has talked Mr. BLUNT. But on appropriations, will be no votes on Tuesday in recogni- to Secretary Paulson with respect to we have around 3 weeks left in this fis- tion of the funeral and that so many their proposals and ours on ways to re- cal year. The Senate, I believe, has Members will be attending the funeral. spond to the subprime crisis, the mort- only passed one of their appropriations Mr. BLUNT. I thank the gentleman gage foreclosure crisis. bills. for that. I was being asked by one of So we want to put those bills back on I am wondering if we can begin to an- my colleagues, because of the impor- as soon as we can. ticipate in any way when we are going tance of the Petraeus and Crocker tes- The TRIA bill, as you observed, has to have a bill or a CR, either one, that timony, if there was any way that raised an issue of PAYGO, as to wheth- will move us to where the government could be moved to the House floor for er or not there is a financial con- continues to do what it has outlined to. the hearing, but I’m assuming that sequence of the legislation. The CBO Mr. HOYER. The House, as the gen- we’ll have work going on on the House has made an estimate. Clearly, how- tleman knows, has passed all 12 appro- floor on these suspension bills. ever, there is no payout if a terrorist priation bills. I might say we did so, for Mr. HOYER. Would the gentleman attack doesn’t happen, so there is a the most part, with bipartisan votes, yield? contingency it would have to happen. significant bipartisan votes, not nec- Mr. BLUNT. I would yield. We are trying to address that, which essarily a majority on each side, but Mr. HOYER. That is correct. We will we did not anticipate, frankly. As a re- significant bipartisan votes. be starting legislative business on the sult, however, we are trying to look at The Senate, as you point out, has floor a little after noon. So there will this to see whether or not we can both passed two, although I understand that be work on the floor proceeding. move the legislation as quickly as pos- we just read across the desk, the mili- It is my understanding, however, as sible as well as accommodate the issue tary construction bill was just reported the gentleman may know, that the of PAYGO. with a request to go to conference. We hearing is in the Cannon Caucus Room. Mr. BLUNT. I appreciate that an- are hopeful that the Senate will pass So we’ll accommodate both media and swer. Another issue that my good other bills within the near term. the public, and as we all know, some of friend and I have talked about even It’s my understanding that the Sen- the most important hearings in history earlier this week is on the trade agree- ate does expect to be moving a number

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.103 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10310 CONGRESSIONAL RECORD — HOUSE September 7, 2007 of the appropriation bills in the next 2 date. We will see where the Senate is at to meet at 10:30 a.m. on Tuesday, Sep- weeks. that point in time. tember 11; that when the House ad- The fiscal year ends, of course, Sep- But in answer to your question about journs on that day, it adjourn to meet tember 30. If we have not passed those the fall schedule, sometime in the next at 10 a.m. on Friday, September 14; and appropriation bills, we will have to 2 weeks, probably not this coming further, when the House adjourns on make an accommodation to keep the week, because we are not going to be that day, it adjourn to meet at 12:30 government running. We usually do here most of the time, but the fol- p.m. on Monday, September 17, for that in the form of a continuing resolu- lowing week, in discussions with the morning-hour debate. tion, a CR, as we call it, which simply Senate, we intend to have some discus- The SPEAKER pro tempore. Is there provides for the continuation of fund- sions with the Senate leadership with objection to the request of the gen- ing of government at present levels Mr. REID, the majority leader, next tleman from Maryland? until such time as we can complete the week, to determine more precisely There was no objection. appropriation process. what he anticipates being able to do, f We are hopeful that we will complete and, therefore, what our responsibil- DISPENSING WITH CALENDAR the appropriation process in the near ities will be to be here to respond to WEDNESDAY BUSINESS ON term. I won’t define the near term, but what the Senate does. WEDNESDAY, SEPTEMBER 19, 2007 we are hopeful that it will be nearer As I say, we put all the appropria- rather than further apart; but we are tions bills on their plate, if you will. Mr. HOYER. Mr. Speaker, I ask looking at all the alternatives that will We need to pass those, or, in some unanimous consent that the business be necessary to keep government oper- form, pass funding for the various in order under the Calendar Wednesday ating as the American public expect agencies. rule be dispensed with on Wednesday, and as we expect it. So the answer to your question, Mr. September 19, 2007. Mr. BLUNT. On the appropriation Whip, is that we expect to have some The SPEAKER pro tempore. Is there bills, again, as I reminded the majority more precise formulation for the fall objection to the request of the gen- leader earlier today, the Republicans and hopefully not winter schedule by tleman from Maryland? voting for the appropriations bills, the, not next week, but the following There was no objection. most of them had a number of Repub- week. f licans that would sustain a Presi- We are aware of the fact, and I used SPECIAL ORDERS dential veto if that turns out to be the to hear from everybody, now I am hear- result. I would anticipate that we need ing from everybody on both sides of the The SPEAKER pro tempore. Under to be thinking about how we move this aisle, they understandably want some the Speaker’s announced policy of Jan- as quickly as possible. certainty in the scheduling so they can uary 18, 2007, and under a previous In that regard, the Senate has al- schedule their work in their districts. order of the House, the following Mem- ready produced a fall calendar for their I understand that. We are going to bers will be recognized for 5 minutes Members. Our Members would benefit try to accommodate that. each. as early as possible to having a sense Mr. BLUNT. I thank the gentleman f to where, if we are not going to be here for his response. Time in the district is b 1600 in the fall, I think the Senate intends important to the Members. It’s better not to be here the week of Columbus used, of course, if they can have some ENOUGH IS ENOUGH Day and maybe the week of Thanks- anticipation of that time. The SPEAKER pro tempore. Under a giving and maybe the week after that. My only suggestion would be that at previous order of the House, the gen- I wonder if the leader can give us any this point in the year we normally tleman from Maryland (Mr. CUMMINGS) sense of when to expect a fall calendar don’t know when we are going to fin- is recognized for 5 minutes. or your views on that at this point as ish, but it might be possible to come up Mr. CUMMINGS. Mr. Speaker, the Members make their plans for the fall. with some blocks of time that even if new military strategy in Iraq is simply It appears the Senate, by the way, it we are working, we would know that not working. President Bush misled appears our friends on the other side we would not anticipate being here Congress and the American people are scheduling as if they intend to be during those blocks of time. That when he led our troops into Iraq. To here for quite some time. would be helpful. this day, he continues trying to mis- Mr. HOYER. The Members already Mr. HOYER. I want to thank my lead us, most recently with reports have a fall schedule. It’s the Senate friend for joining in discussions on that that violence is down in Iraq since the that wants a winter schedule, and I am issue before we came to the floor surge of the United States troops. This somewhat concerned about that. today. I think the gentleman is cor- is absolutely untrue, and I am utterly As you know, initially Mr. BOEHNER, rect. I think Members would find that shocked at the audacity of this admin- my predecessor as the majority leader, useful. If we can accommodate that, I istration and many of my Republican had projected October 3 or thereabouts, would like to do that. colleagues to so boldly manipulate the 4th or 5th. When I became the majority Mr. BLUNT. I thank you for that in- facts to serve their own political agen- leader, it was my responsibility to ad- formation. I know we all look forward da. dress the schedule. to the report early next week from Am- Overall, violence in Iraq has risen I thought we would need at least an- bassador Crocker and General since the troop surge. That’s right, vio- other 3 weeks, so I added on to, I be- Petraeus. Even though, because of the lence has risen. lieve, the 26th of October, which is a focus on that schedule being here one Newly released statistics for Iraqi ci- Friday. day, I think it’s an important day for vilian deaths in August show a 20 per- Since that time, of course, the leader Members to be here, and appreciate the cent increase since July. The President of the Senate has announced the sched- fact that we have scheduled it in that and the Pentagon are picking and ule that you just observed, with a week way. choosing which numbers will be in- off at Columbus Day. We do not have Mr. Speaker, I yield back the balance cluded in death tolls to give the ap- that, of course. We have Columbus of my time. pearance that the violence is down. Day, returning Tuesday at 6:30. That f According to information from the has not been modified at this point in Iraq Study Group and the Center for time and, frankly, I don’t expect to ADJOURNMENT TO MONDAY, Strategic and International Studies, modify it. SEPTEMBER 10, 2007 they do not count deaths of people who It doesn’t mean it won’t be, but I Mr. HOYER. Mr. Speaker, I ask have been shot in the head from the have no plans to modify that expecta- unanimous consent that when the front. They do not count deaths of Shi- tion at this point in time. Frankly, I House adjourns today, it adjourn to ite or Shiite violence which is on the would like to see us do as much work meet at 10:30 a.m. on Monday next for rise in the oil-rich south, nor do they as we possibly can by the October 26 morning hour debate; that when the count the intra-Sunni violence in the date that we have projected as our House adjourns on that day, it adjourn Sunni Triangle.

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.104 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10311 Mr. Speaker, it is reported they are Regardless, we cannot ensure that and on our coinage in a prominent not even counting deaths from car any success in al Anbar is a result of place. bombs. We read about deadly car the troop surge, nor can we ensure that Once you start turning your back on bombs in Iraq nearly every day, and this success can be transferred to other the good Lord, I think you are going to these deaths are not being counted by parts of the country. In fact, the over- reap the whirlwind, and this is some- this administration. riding component of ensuring success thing this Nation cannot afford to do I’m also greatly concerned about the in Iraq is political reconciliation, as right now. Defense Department adjusting its fig- pointed out by the GAO and the Jones f ures for sectarian killings in the 5- Commission before the House Armed The SPEAKER pro tempore. Under a month period before the surge began. Services Committee this week. previous order of the House, the gentle- There’s a major discrepancy between Military and security progress can- woman from California (Ms. WOOLSEY) the data on the March 2007 report and not be made without political rec- is recognized for 5 minutes. the June 2007 report for this period. onciliation, which will open the door to (Ms. WOOLSEY addressed the House. The original number of approximately resolving the underlying issues that Her remarks will appear hereafter in 5,500 deaths was increased to 7,400, of- have caused sectarian violence in Iraq. the Extensions of Remarks.) fering the appearance of significantly President Bush has yet to discuss the decreased violence since the troop failing grade given by the GAO to Iraq f surge began. on political reconciliation. FAA AIRSPACE REDESIGN I must ask, why is this administra- Mr. Speaker, ignoring reports and tion working so hard to create the ap- underreporting violence is not the an- The SPEAKER pro tempore. Under a pearance of success in Iraq? Is it to jus- swer. This administration has misled previous order of the House, the gen- tify the more than $368 billion we have the American people for far too long. tleman from New York (Mr. ENGEL) is spent since the inception of Operation Enough is enough. recognized for 5 minutes. Mr. ENGEL. Mr. Speaker, the Fed- Iraqi Freedom? Is it to rationalize the f staggering $10 billion a month we con- eral Aviation Administration has come tinue to spend in Iraq while we put the IN GOD WE TRUST up with a proposal to redesign the air- lives of our brave soldiers at risk? The SPEAKER pro tempore (Mr. space around New York, New Jersey During every month of 2007 there KAGEN). Under a previous order of the and the Pennsylvania area. Despite all have been more U.S. military fatalities House, the gentleman from Indiana the opposition and all the concerns of than in the same month of 2006. How (Mr. BURTON) is recognized for 5 min- the people affected, lo and behold, the can anyone possibly say that this new utes. FAA made no significant changes in surge is working? Mr. BURTON of Indiana. Mr. Speak- their final proposal. Full steam ahead, Mr. Speaker, I was hopeful that the er, I hope my colleagues can under- business as usual, the public be administration had perhaps begun lis- stand me. I’ve got a little bit of laryn- damned. tening to the cries of the American gitis. So I stand today in strong opposition people to bring our troops home when Mr. Speaker, directly across from to the FAA proposal to redesign the reports over the last couple of weeks me, at the top of the Chamber is a de- airspace around New York, New Jersey indicated that General Petraeus was piction of Moses, and behind me, above and Philadelphia. Specifically, I am considering a draw down of our current the Speaker’s rostrum is words, ‘‘In disturbed by their actions surrounding troop levels. God We Trust.’’ the proposal to route up to 600 air- Unfortunately, we learned today that There are a lot of people in this coun- planes a day over Rockland and West our hopes of redeployment of our mili- try who have tried to get all symbols of Chester Counties in New York, which I tary servicemembers will continue to religion, belief in God taken off of all represent. fall on deaf ears, as General Petraeus public properties and coins and cur- The FAA created that proposal with announced earlier today that he has no rency. Recently, there were thousands zero input from the people whose lives intention of scaling back our troop lev- of coins minted without ‘‘In God We would be most harmed by this pro- els in Iraq. In failing to do so, this Na- Trust’’ on them, and now they’re talk- posal. In fact, even when I brought this tion’s attention will remain distracted ing about putting ‘‘In God We Trust’’ up to the FAA in a meeting in my of- from adequately protecting the home in an obscure place on coins so that fice, it took over a week of urging be- front, building an adequate health care people can’t read it, right on the edge fore they would even agree to attend a system, reforming Social Security and of the coin. I think this is—we’re mov- public forum that I held in Rockland. decreasing the deficit. ing in a very, very wrong direction. They also conducted this entire proc- Mr. Speaker, President Bush loves to This country was formed with a firm ess over the course of several years talk about the success of the al Anbar reliance on God Almighty, and when without any kind of adequate notifica- province where he made a surprise visit we start taking God out of everything, tion. My constituents expected better for a photo opportunity on Labor Day. as some people want to do, we run the and they deserved better. But there are many conflicting opin- risk of having him turn his back on us. Throughout this process, we have ions about why violence has decreased, This Nation was formed and was found- seen, time and time again, that the whether or not this is the result of the ed with people praying every day in the FAA would ignore the opinions and troop surge, and whether the success in Second Continental Congress when we suggestions of myself and anyone else this region is indicative of success in had the Declaration of Independence who would be affected by their pro- other more complex regions of the and in Constitution Hall because they posal. Valid suggestions that would im- country. couldn’t come to an agreement, and by prove this proposal were written off Many believe this success may be the prayer and supplication they were able without serious consideration. result of multilayered issues. It may be to reach agreement; thus, we have the The FAA is trying to push through a an indication that ethnic cleansing has Declaration of Independence, and we proposal that doesn’t make sense, and been completed in many neighborhoods had our Constitution that has made they are refusing to accept any and that there are just not as many this country so wonderfully powerful changes. people left to kill. It may be the result and respected around the world for the But the plan itself is not my only of militants moving to other regions of past 250 years. problem. The misleading tactics and the country where violence has in- Those who try to take God off of all the stonewalling by the FAA only add creased. It may be the result of Sunnis things governmental, such as coinage to this issue. Every effort I and my befriending the United States simply or currency or in this Chamber, are constituents and some of my col- as a means to accomplish a larger goal making a terrible mistake, in my opin- leagues have made has been met with of stepping back into power. It may be ion. And I’m going to be introducing bureaucratic resistance while, at the the result of Sunnis finally rejecting legislation that will demand or man- same time, the FAA has laid down the routine abuse by al Qaeda. It may date that ‘‘In God We Trust’’ be main- strict deadlines for comments and be a combination of all of these. tained and retained on our currency changes.

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.107 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10312 CONGRESSIONAL RECORD — HOUSE September 7, 2007 Just as an example, I tried multiple the planes would be routed. It is this can happen in the northeast, it will times to get an answer for how loud it type of complex and misleading infor- happen all over America. We must would be when an airplane flies over mation that makes me and my con- fight this plan, and I will continue to us. This is critical information since stituents distrust the FAA. fight it. overflights will be happening up to 600 And finally, let me say the agency times a day. All the FAA would tell me has deliberately manipulated informa- f were 24-hour noise averages, which tell tion that it is giving out to be public. REVISIONS TO ALLOCATION FOR me nothing. Noise averages mean noth- For example, my office sent in over 25 HOUSE COMMITTEE ON EDU- ing to us. A room could be silent for 23 pages of comments from over 60 con- CATION AND LABOR hours and have a 140-decibel rock con- stituents. We also sent in a petition cert for an hour, and the noise average signed by nearly 100 local residents, The SPEAKER pro tempore. Under a would be something around a whisper. and finally, we sent 237 pages of a tran- previous order of the House, the gen- This is just one example of the FAA script from a public town hall meeting tleman from South Carolina (Mr. providing incomplete or misleading in- I held in Rockland, which was attended SPRATT) is recognized for 5 minutes. formation. by well over 1,000 people. Dozens of peo- Mr. SPRATT. Mr. Speaker, pursuant to sec- In addition, every document the FAA ple spoke, not one of whom supported tion 306 (b) of S. Con. Res. 21, the Concur- has sent to my office, from the original the plan. But the spokesperson for the rent Resolution on the Budget for Fiscal Year proposal to the record of decision, has FAA was quoted in the newspaper 2008, I hereby submit for printing in the CON- been extremely complicated and vague. claiming they had only received five GRESSIONAL RECORD revisions to the budget I’ve been living in New York my entire comments from affected people. Five. allocations and aggregates for the House life, and I was unable to interpret the This is dishonest. This is unacceptable Committee on Education and Labor for fiscal maps of where the planes would be fly- from an agency that is supposed to rep- years 2007, 2008, and the period of 2008 ing over my district. If my staff and I, resent all of the people in the country. through 2012. These revisions represent ad- who are knowledgeable about the re- Mr. Speaker, when the Transpor- justments to the Committee on Education and gion, are unable to decipher the maps, tation-HUD appropriations bill came to Labor’s allocations and aggregates for the pur- how is the general public supposed to the House for a vote, I strongly sup- poses of sections 302 and 311 of the Con- know where the airplanes will be flying ported an amendment to eliminate gressional Budget Act of 1974, as amended, over their homes? The answer is that funding for this airspace redesign pro- and in response to the conference report to they will not, and that’s just what the posal. I did this, not only to express my accompany H.R. 2669, the College Cost Re- FAA wants. dislike for the proposal, but also to duction and Access Act. Corresponding tables It would be easy for the FAA to pub- send a message to the FAA that they are attached. lish good maps of the area. They could cannot treat Americans this way. And Under section 211 of S. Con. Res. 21, these use maps that are labeled with names I will continue fighting this. adjustments to the budget allocations and ag- of cities, streets and bodies of water. And finally, let me say to my col- gregates apply while the conference report ac- They could draw lines of these maps leagues, this may only right now con- companying H.R. 2669 is under consideration signaling precisely where the planes cern the northeast corridor, but if the and will take effect upon enactment of the would be flying and at what altitude, FAA can get away with running rough- measure. For purposes of the Congressional but they chose not to do so. They chose shod over Members of Congress, over Budget Act of 1974, as amended, revised allo- instead to provide strangely colored constituents, over Americans, they can cations made under section 211 of S. Con. maps with very few labels, so it was do it in any region of the country. We Res. 21 are to be considered as allocations in- nearly impossible to figure out where need to fight this. This is wrong. If it cluded in the budget resolution. DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal years, in millions of dollars]

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

Current allocation:. Education and Labor ...... 13 4 ¥150 ¥145 ¥750 ¥742 Change in College Cost Reduction and Access Act (H.R. 2669):. Education and Labor ...... ¥4,890 ¥4,890 ¥176 ¥842 5,754 4,888 Revised allocation:. Education and Labor ...... ¥4,877 ¥4,886 ¥326 ¥987 5,004 4,146

BUDGET AGGREGATES (Mr. JONES of North Carolina ad- distance from to Kansas [On-budget amounts, in millions of dollars] dressed the House. His remarks will ap- City. And I spent last week in two of pear hereafter in the Extensions of Re- those counties, the furthest west coun- Fiscal Year Fiscal Year Fiscal Years 2007 2008 1 2008–2012 marks.) ty, El Paso County, and the second f county to the east, Hudspeth County. Current Aggregates: 2 I met with the Sheriff’s Department Budget Authority ...... 2,255,570 2,350,357 n.a. Outlays ...... 2,268,649 2,353,992 n.a. b 1615 in El Paso County, and Sheriff Leo Revenues ...... 1,900,340 2,015,841 11,137,671 Samaniego and his chief deputy, Change in College Cost Reduc- THE TEXAS/MEXICO BORDER tion and Access Act (H.R. Jimmy Apodaca and Public Informa- 2669): The SPEAKER pro tempore. Under tion Officer Rick Clancy, all El Paso Budget Authority ...... ¥4,890 ¥176 n.a. the Speaker’s announced policy of Jan- Outlays ...... ¥4,890 ¥842 n.a. natives, took me around the area of El Revenues ...... 0 0 0 uary 18, 2007, the gentleman from Paso city and the County of El Paso. Revised Aggregates: Texas (Mr. POE) is recognized for 60 Budget Authority ...... 2,250,680 2,350,181 n.a. I’d like to describe the scene that I saw Outlays ...... 2,263,759 2,353,150 n.a. minutes as the designee of the minor- there. Revenues ...... 1,900,340 2,015,841 11,137,671 ity leader. In El Paso, El Paso is a community n.a. = Not applicable because annual appropriations Acts for fiscal years Mr. POE. Mr. Speaker, last week I of about 500,000 people. Across the Rio 2009 through 2012 will not be considered until future sessions of Congress. 1 Pending action by the House Appropriations Committee on spending cov- got to go down to the west Texas town Grande River is Juarez, Mexico, a com- ered by section 207(d)(1)(E) (overseas deployments and related activities), of El Paso, that town that Marty Rob- munity of over 2 million individuals. resolution assumptions are not included in the current aggregates. 2 Excludes emergency amounts exempt from enforcement in the budget bins sang that famous ballad about. It Juarez, unlike some border towns, is a resolution. was one of my several trips to the thriving area. The economy is boom- Texas/Mexico border since I’ve been in ing. And across the city of El Paso, on f Congress, now almost a dozen times the Rio Grande River, there is an 18- The SPEAKER pro tempore. Under a down along the Rio Grande River. mile fence. And let me describe that previous order of the House, the gen- The Texas border with Mexico, the fence between Mexico and the United tleman from North Carolina (Mr. river border, is 1,248 miles long. That States. The Rio Grande River is to the JONES) is recognized for 5 minutes. doesn’t mean much, but it’s the same south. The next thing you see is green

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.110 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10313 space, it’s primarily dirt, for about 200 eign nationals that not only don’t live ing on where you go, there is some- yards. And then there is a fence, a here; they live somewhere else and times not even water in the Rio Grande fence that protects the canal that runs come to our schools all at the expense River. And as soon as you cross the Rio on the northern side of the Rio Grande of taxpayers in the United States. Peo- Grande into the United States, there is River. You see, the canal has more ple who pay their taxes, live here le- a Texas highway, Highway 20, that water in it sometimes than the Rio gally, whether citizens or not, fund the runs the length of El Paso County and Grande River does. And it’s a manmade education system for people in some part of the next county, Hudspeth canal. It’s full of water most of the other nation on a daily basis. County. That road is about 3 miles time. So there’s a fence on each side of I went to some of the local high from the border. And then you go an the canal. schools and noticed how some of the additional 2 miles along the border, Then there is a road that the Border students would drive up in their vehi- this entire area here, and there is Patrol patrols, and then there is yet cles and they would have Mexican li- Interstate 10 that travels all the way one more fence before the highway cense plates on their vehicles. Two ap- from Florida through Texas to Cali- there in the city of El Paso. And this parently had crossed the border that fornia. So it is about 5 miles from the fence has been there for some time. morning, coming into the United border to Interstate Highway 10. And along that 18-mile stretch in the States, going to American high The area is flat. The area has brush, city of El Paso about every quarter of schools, and turning around at the end and it’s low brush and it’s thick brush, a mile on the road, the Border Patrol of the day and going back home. It very easy to hide in that area. And at road, there is a Border Patrol vehicle. seems to me that this ought not to be. night you can see above that brush for And we saw numerous of those vehicles The sheriff’s department tells me miles. You can see from the Rio Grande while I was there those several days. that about 40 percent of the El Paso River all the way to the interstate And it seems to me that area is very school system is made up of citizens where all of the vehicles are traveling well protected, and no one crosses into from Mexico that come across each day up and down the interstate. the United States because of those into the United States. Statistics are So we visited these little small vil- three fences, the canal, and the pres- hard to find. The El Paso school dis- lages in El Paso County and talked to ence of the Border Patrol. trict seems to disagree with that. some of the individuals that were Before the fence was there, the bor- And you will notice these aren’t poor there, that lived there, that have lived der was basically wide open and people kids coming over. These are kids that there, their families, for generations. came right across into El Paso and are just basically middle-class kids And this was probably the most, shall I dodged traffic there on the main coming to the United States. And we say, expressive bunch of people that I streets. According to the sheriff’s de- took numerous photographs of those have ever met. These farmers and partment, since the fence has been kids. Here are some of those just for ranchers that live on the Rio Grande built in the city of El Paso, crime in El your benefit. River on the Texas side, the American Paso has dropped 60 percent. So the But as we moved out of the city of El side, and what they are going through Border Patrol, working with the local Paso, which, like I said, seemed to be a and their property has been tampered law enforcement, seems to do a good secure place for basically illegal traffic with because the Federal Government job of keeping people, especially crimi- coming in except for maybe situations doesn’t secure the border. These ranch- nals who want to come in and commit like where the ports of entry are not ers, these villagers, they all live right crime in El Paso city and flee back to on the Rio Grande River. They live be- Juarez, from coming into the town. screened or protected very well by the tween the river and Interstate 10. Some The situation is somewhat different as border protectors, there seems to be no of them live south of Highway 20, right you move on further down the river. presence of the Border Patrol outside Before I mention that, I would like to the city of El Paso throughout the rest on the river. And I met with one of mention a couple of things that I did of the county. Let me try to explain those locals, and he said that he felt observe. In the mornings we went out that area. like our own government has deserted to the several crossings into the United This is a map of a partial area of the the ranchers and farmers in the rural States, the legal crossings, and ob- towns and locales that I went to last areas of our country. He said he waits served people coming in from Mexico week as a guest of the sheriff’s depart- sometimes a long time for the Border to the United States. At about 6:15 in ment. You will notice up here in the Patrol to show up when they are the morning, very early, was when far western portion of Texas that bor- called. these photographs were taken. Now, ders Mexico is the city of El Paso, this And here is the reason for that: it these photographs were taken by the yellow area here. The city of El Paso, would seem to me the Border Patrol Rio Grande River, and turning around, like I said, has that 18-mile fence. As ought to patrol the border, which is the these photographs are taken of stu- soon as you get out of the city of El Rio Grande River. The Border Patrol, dents going into El Paso city. And you Paso and go down to the county line of it seems to me, ought to be on the bor- will notice they have on school uni- El Paso, things are a lot different and der to protect the border. But most of forms. This individual is even carrying the presence of the Border Patrol was a the time they are not on the border. a set of golf clubs that he brought from lot different, in my opinion. They are on Interstate 10, which is 5 home, I suspect, to go to school. Here First of all, of course, there is no miles from the border, driving up and are some kids down here earlier in the fence that was built like the one that I down that area. Well, if people get to morning, and they also have their just described. As soon as you get out Interstate 10, they are already in the backpacks, their school uniforms, and of the city of El Paso, there’s no fence United States. And if they can cross they are headed into the United States. of any type. into the United States, it’s very easy How do we know they were school So I traveled along with the sheriff’s to get picked up on Interstate 10 or students? Well, many of them were department of El Paso County to these even Highway 20 here and dispersed wearing the T-shirts of the colors of different small little towns along the into the United States. the elementary school, purple and blue border, border towns. Fabens, Texas, So what happens is, because of this and green and red, or gray. And hun- we all heard about Fabens, Texas, policy of keeping the Border Patrol on dreds of these kids cross the border where the Border Patrol officers got ar- Interstate 10 for the most part, you into the United States every day from rested and convicted for trying to ap- leave these ranchers, these farmers, Mexico to go to school in the United prehend a drug smuggler. That’s a dif- and these people who live in these States. At the end of the day, all of ferent story for another time. And small villages and towns in no-man’s these kids, some of them escorted by these other small towns all along the land. And I visited in many of these their parents, cross back over into border. small villages and these very small Juarez, Mexico, to go home. And this is The way the situation is on the bor- homes on the American side, and I was a daily occurrence when school is in der and how I will describe it is to shocked to see the bars on the windows session. make it clear on how easy it is to cross and how the people have tried to pro- It seems to me that the United into the United States. Of course, tect their property from just the crimi- States is funding the education of for- there’s the Rio Grande River. Depend- nal element that crosses into the

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.112 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10314 CONGRESSIONAL RECORD — HOUSE September 7, 2007 United States because they are, in But the virtual fence, it’s virtual all who did that? You see, it’s ironic and their opinion, without adequate protec- right. People are still able to cross in silly to arrest these people from other tion. through that virtual fence. countries, no matter where they are, We need to enforce the border on the It is interesting that the sheriffs and hold them and release them back into border, not have a policy that puts the the deputy sheriffs that work out the community, especially when they Border Patrol 5 miles from the border there, they are a little different than commit crimes, and most of them on Interstate 10. And, of course, that is the Border Patrol. Like I said, nothing never appear back at that court hear- what the farmers and the ranchers said against the Border Patrol. We need ing. as well. them. We need more of them. We need There are farmers and ranchers down there that don’t want to leave their It was interesting to hear from these more boots on the ground, probably land. But I will tell you this, they are farmers and ranchers, and they would more boots on the ground than we do mad, they are angry, and as many of talk to me. They all met together in other things. But the sheriffs’ deputies them said, they are disappointed that, one of their farmhouses and talked for and the sheriffs, they all grew up there. They all are from there. They know the in their opinion, and I will quote one of several, several hours on this tremen- them, that the American Government dous issue. And they said that they see people who ought to be there and the people who are from some other place. has written off the rural farmer along everybody coming across, that the days the border. Because of whatever rea- and times have changed. It used to be So we certainly need to use them as well. son, there is no security in their opin- that this border was basically fairly ion. Rural America has been given open. I mean by that there would be The farmers, what do they grow down there in southwest Texas anyway? away by outlawry by our government, crossings on both sides, Americans into and this ought not to be. Mexico, Mexicans into the United They used to grow cotton. They don’t do that anymore. But this whole area So after we went through with the States. There would be landowners on sheriff’s deputies in El Paso County, here has pecan orchards, and you will both sides who would do business with wonderful people, we went over to drive down by the Rio Grande River, each other. But those days are over. Hudspeth County, which is the adjoin- once again south of Interstate 10, and The people coming over now, according ing county. Most Americans have never you will see pecan orchards. Pecan or- to these farmers and ranchers, are heard of Hudspeth County. Let me de- chards, that’s what they grow. But criminals. Not all of them, but many of scribe it for you. It’s 5,000 square miles. they are orchards that have to be irri- them are. And they destroy their prop- It’s the size of Delaware and Rhode Is- gated. And the problem the farmers erty. They destroy the vehicles that land put together, and it’s just one have is that so many people are cross- they have. They steal their property. county in Texas. It has 100 miles that ing across their orchards that they are And we have heard much about a vir- borders the Rio Grand River, so it has tual fence. A virtual fence. What is a tearing up their crops. They say on an 100 miles of border. virtual fence? It means there is no average they have, each one of them, On patrol in Hudspeth County is fence, but there are cameras that four to five groups of anywhere from 30 Sheriff Arvin West, and what a right- watch the border. And I will give you to 50 people a day crossing their farm thinking American he is. He has 12 dep- an example of how the virtual fence orchards, in many cases tearing up the uties to patrol this whole area. In works along this area. There are cam- property. other words, on any given shift, any eras, and some of those are maintained But let me tell you some of the expe- time of the day, there are three depu- and monitored. And on three different riences that they have had. One farmer ties that patrol the entire county that occasions, I saw through a vision in noticed that there were some illegal borders Mexico. Now, you notice, Mr. heat sensor cameras illegals coming people coming across his land. He goes Speaker, part of Interstate 10 is very into the United States across the bor- out and he apprehends them, holds close to the border, 5 miles, along with der. The Border Patrol was notified to them for the Border Patrol. It turned Highway 20, which is 3 miles from the come to those areas and pick up these out that these two individuals appar- border. And then about halfway down people bringing in whatever, drugs, or ently were from Honduras. They are at Sierra Blanca, the road changes and just coming into the United States. called OTMs in the vernacular, ‘‘other it goes on off through Houston to Flor- than Mexicans,’’ because, you see, ev- In one instance the Border Patrol ida. erybody is crossing in. We shouldn’t took 45 minutes to get to the location. But this area here, of course, is an just say things about Mexico. It’s not They were being directed by the person area that we went through. The sher- just illegals from Mexico; it’s from watching the camera to where the iff’s deputies, Sheriff Arvin West and many other countries, including Hon- illegals had crossed, and they were his individuals that work for him, took duras. me through that area. And we traveled within 30 feet of them and still couldn’t right on the border. There is a dirt see them because, you see, that brush b 1630 road on the American side. is so thick. And they were hiding 30 So he holds them for the Border Pa- Let me mention this: you see this feet away, and finally the Border Pa- trol. The Border Patrol comes and ar- road over here, Highway 2, Mexican trol left that area. And those par- rests these two individuals, takes them Highway 2. Of course you see it runs ticular three individuals that were hid- out of his custody, takes them over and along the border as well on the other ing in the brush had on baggy clothes, turns them into the immigration serv- side. And so there’s a dirt road right on the kind that drug smugglers bring in ices. One thing leads to another and the border. And we traveled down this when they pack their bodies with drugs they are released on their own recog- dirt road, sandy road, the river is right to smuggle into the United States. nizance to come back for an immigra- next to us. And we traveled for 30 miles Let me mention this about the Bor- tion hearing sometime later. You see, on this road, took about 3 hours, before der Patrol. I think the Border Patrol that’s what happens to many OTMs. If we saw one Border Patrol agent. It sur- agents that work on our border do as you are ‘‘other than Mexican,’’ you’re prises me that we weren’t that quiet good a job as our government will let not held, detained and deported. You’re going down that area, and the first them do. They are fine people. But held for a while, and because there are time we saw a Border Patrol agent was they have to follow the policies of not enough detention facilities, they’re 30 miles down river where we had been somebody else, I think probably people released on their word to come back for traveling. here in Washington, DC, maybe folks their immigration hearing, deportation But let me tell you about Arvin that have never even been to the bor- hearing, shall I say. It would not sur- West. Arvin West, sheriff of this coun- der. So they do what they are told to prise us that most of those people ty, makes $36,000 a year. His 12 depu- do, and they patrol the area they are never come back for that hearing. ties, who are all patriots, who most of told to patrol. It would seem to me But anyway, these two individuals them are Hispanic, make $26,000 a year. that we ought to have our Border Pa- are apprehended; they’re released from But to a person, they are determined to trol working more hand in hand with custody. And guess what? Two days secure their border because of the the locals, the sheriff’s department, later, this farmer had his pecan or- crime problem in the United States for and patrolling closer to the border. chard burned to the ground. I wonder failure to secure the border.

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.114 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10315 You see, they have to patrol all these is low and there are washouts, where You know, I admire people like Sher- little towns here, Fort Hancock and water has come from either Mexico or iff West, the sheriffs along the border McNary and Sierra Blanca. These are the United States to go into the Rio who will do what they need to do to se- all their little small towns that are in Grande River. And these are perfect cure the dignity of the United States. their county. And these towns have places that are used by drug smugglers The sheriff’s department also men- crime problems because of that crime to smuggle drugs into the United tioned to me about something we’ve coming from Mexico. So they want the States from Mexico. Once again, once heard about here in Congress, I’ve border secure. they cross into the United States, they never seen it myself, but we hear re- And let me say this at this point: this make their way, under routes that they ports about the Mexican military com- is an issue about border security, this have planned, to the interstate and ing into the United States for different is not an issue of immigration. That’s move those drugs east, west and north. reasons, all those reasons are probably a totally different issue. Border secu- But it was interesting to see that no good, and whether that’s true or rity is the issue, and we must, as a Na- there were places where the roadbed, or not. tion, secure our border. And these sher- shall I say the riverbed looked like it On this road, on Interstate 10, there iffs that live along here, the border had been filled in, where some vehicle is basically nothing on Interstate 10 ex- sheriffs, each one of them believes the had come in, Caterpillar tractor, and cept vehicles, mostly trucks, but there border should be secure because of the had smoothed down the river so that is a massive truck stop on Interstate crime that is being committed. vehicles crossing into the United 10. And it is not uncommon, according But we traveled down this area. And States wouldn’t get stuck in the mud. to the sheriff’s department here in I’d like to show you or mention a cou- Now, I asked the sheriff’s department Hudspeth County, to see the Mexican about that, and they said, well, sure, ple of things that I observed. Going military wearing their uniforms going every once in a while there would be a down the river, we stopped. This is at into this truck stop for whatever pur- Caterpillar tractor parked on the Mexi- night, in the middle of no place. And pose they have. It’s interesting that can side just sitting there. And they’re we came across a trolley that was built they say, of course, that it’s not un- sitting near these areas where drug across the river; now that’s what I call smugglers come in, and the next day usual for drugs to be accompanied by it. It had a steel cable running from that Caterpillar bulldozer has come the Mexican military into portions of one side of the river to the other with down there to the river bank, made a the United States. So if we have the military from an- a bucket in it, or a trolley. And appar- road for drug smugglers to bring drugs other country coming across our bor- ently people can go back and forth into the United States. And I asked across that trolley into one country or Sheriff West, well, what do you do ders without our permission, I would the other. And that disturbed me to about that? He said, as soon as we see hope that that would disturb Homeland some extent. But we then traveled those, of course we’re not down there 24 Security to some extent, that they down and saw something else that I hours a day, neither is the Border Pa- would prevent that from happening, or think was a little more disturbing. trol, we tear up the river way so that at least quit denying that it occurs. So apparently to me it seems we have This photograph here, Mr. Speaker, those vehicles can’t come into the is a foot bridge taken on the American United States. But a few days later, moved the U.S. border from the Rio side, obviously, over into Mexico. You once again some bulldozer has come in Grande River to Interstate 10, 5 miles notice it’s a steel foot bridge. It has and laid the river smoother and drier inward. We have left all this area as rails on it. It probably would meet so that vehicles can come into the no-man’s land. You live there at your OSHA standards. And the only thing United States, sitting there waiting to own risk of drug dealers and criminals that goes across there are people. But move the illegal narcotics into our coming across, and this ought not to you notice, of course, Mr. Speaker, how country. be. the land is trampled down on the Mexi- You know, drug trafficking is a It’s unfortunate that this situation can side, how there is trash over here, major reason we ought to secure the occurs, but it is the duty of our coun- and on this side there is land trampled border. Those people who come here to try, of course, to make sure it doesn’t down as well. There is in Hudspeth do us harm is another reason to secure occur any longer. The failure of the County. And there are 10 of these in the the border, whether those are just Federal Government to secure the bor- area. Who built them? They’re still basic outlaws or whether those are peo- der allows everybody to come in here. trying to find that out. Is it guarded? ple who wish to set up cells at the right We get the good, we get the bad, and It is patrolled? Are people there watch- time to do this nation damage. And in we get the ugly, and we’re getting a lot ing to see if people come into the little area here that I’m talking about, of bad and ugly because this border is United States? No. These foot bridges well, it’s a big area that I’m talking not secure. So we secure our border. We exist for the sole purpose of letting about, makes it easy for them to come do what we need to do. We have to have people, apparently, cross into the into the United States. the moral will to secure the border. If United States. If they serve some other Now, Sheriff West doesn’t have much we did, the border would be secure. We purpose, I don’t know what that is. of a budget. In fact, he has such a small secure the borders of other nations. We But that disturbs me to some extent. budget that he really doesn’t have any secure the Korean border. Why don’t Here we have in El Paso basically three vehicles. It’s hard for me to understand we secure the American border? We se- fences and a canal trying to protect the how a sheriff’s department can operate cure the borders of other nations United States from people coming in il- without vehicles, but here’s what he throughout the world. Why don’t we se- legally. And we just moved to the does and many of the other sheriffs cure the American border? county next to it and we see these along the Texas-Mexico border. When Third World countries protect their things that are built to allow foot traf- they capture a drug dealer, they con- borders better than we do. Why? Be- fic to come into the United States. fiscate his vehicle, and by law they’re cause of all of those political reasons This ought not to be. allowed to keep that vehicle after they and all of those people that have polit- And of course once they come into go through the proper channels to seize ical agendas keep our government from the United States, they can see the it. So most of his vehicles have come to doing what it ought to do, and the first interstate, which is just 5 miles away, the sheriff’s department with the be- duty of government is to secure the na- and make their way up to the inter- hest of the drug dealers. And so they’re tion. And I would hope Homeland Secu- state, get picked up by someone flash- driving drug dealer vehicles, SUVs, rity would go down to the border and ing their lights at them, and move on very nice vehicles that they have con- see it the way it really is. down wherever they wish to go into the fiscated from drug dealers. And those Mr. Speaker, we hear about violence far most areas of the United States. are the vehicles, the patrol vehicles, on the border. I heard a lot about it This is a bridge that is a convenience most of them trucks, pick-up trucks or down there. We don’t get too many for people who wish to cross into the SUVs so they can patrol up and down news reports about the violence on the United States illegally. this entire county. They’ve even seized Texas-Mexico border or anywhere else On down the river and up the river an 18-wheeler and put the sheriff’s logo along the southern border with Mexico, there are many places where the river on it. but I would like to read a dispatch

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.116 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10316 CONGRESSIONAL RECORD — HOUSE September 7, 2007 from the Hudspeth County Sheriff’s Of- borders. I wonder whether a Nation length of it as a guest of the sheriffs fice on September 5, which was 2 days that won’t secure its borders deserves along the border. The situation is bad ago. This dispatch reads: At approxi- to exist as a Nation. It is the duty of along that entire area. As you travel mately 9:56 a.m., the U.S. Border Pa- our government to enforce the existing west through Arizona and through trol at Fort Hancock Station, there’s law. We have pontificated in this House California, you find the same problems Fort Hancock, that’s a little bitty ever since I have been in Congress along the border, according to those place with just a handful of people liv- about more laws on immigration, bor- sheriffs who live there and who grew up ing there, the U.S. Border Patrol at der security, comprehensive immigra- there. Fort Hancock Station called the tion reform. Why don’t we just enforce So the obligation of our government Hudspeth County Sheriff’s Office re- the laws we already have? It is still is to do something to protect the dig- questing assistance from the sheriff’s against the law to come into the nity and the sovereignty of the United office and highway patrol with a vehi- United States without permission, re- States and make folks understand that cle that was being pursued on Inter- gardless of the reason. People from our government will protect them, state 10. It was westbound at the 68 other countries don’t believe we will their families and their property and mile marker. So the vehicle was going enforce the rule of law in this country. keep them safe from intruders who this direction, headed west. The vehicle Otherwise, they wouldn’t keep com- come into the United States no matter had crossed into the United States ing in the United States. And many what the reason, because, you see, it is from Mexico and was loaded with ap- times when they are captured, nothing still against the law to enter the proximately 800 pounds of marijuana. happens. Our government has the duty United States without the permission The vehicle was a 2005 GMC Yukon, to protect the people in this country of the United States. light gold in color. The pursuit went from violence of criminals coming from We need to mean it. We need to do into El Paso County, the next county other nations. Our country has the something about it. We need to put over, and then turned back eastbound duty to protect citizens throughout the more Border Patrol agents on the bor- toward Tornillo, Texas. Hudspeth country from criminals coming from der. We need to use the National County Deputy Keith Hughes, sta- other places who we call terrorists. The Guard, and if necessary, a fence in ap- tioned in Fort Hancock, Texas, joined next terrorist who is going to come to propriate areas. It won’t work every- in the pursuit. Deputy Hughes was able the United States probably is not going where. But it will work in some places. to negotiate his way to the front of the to fly over here and get off the airplane Where it is erected, it has worked. pursuing law enforcement vehicles. here at Reagan, and look around and We need to do whatever it takes to The driver of the Yukon exited Inter- see what damage they are going to do. make sure that the United States is a state 10 and drove south on Acala Road They don’t have to do that. They don’t sovereign Nation and we do not lose toward the United States and Mexican have to go through TSA screening. All this country to other folks who come border. Right in here, this little road. they have to do is come across either over here and are trying to take it The United States Border Patrol set up our northern or southern border. away from Americans and legal immi- road spikes on Acala Road. The driver Mr. Speaker, our Federal Govern- grants. of the Yukon hit the spikes, but con- ment has the duty to keep the Mexican With that, Mr. Speaker, that is just tinued traveling through Acala Road military out of our Nation. It has no the way it is. business being here for any purpose. and Texas 20 in Hudspeth County. f Upon crossing Texas 20, the driver of Mr. Speaker, many years ago, Marty the Yukon exited the vehicle and ran Robbins wrote a song, a ballad about VACATING 5-MINUTE SPECIAL south to the United States and Mexi- the west Texas town of El Paso and ORDER about how a cowboy lost his life be- can border. Deputy Hughes and the The SPEAKER pro tempore. Without cause he was seeking the love of a U.S. Border Patrol began a foot pur- objection, the 5-minute Special Order Mexican lady by the name of Feleena. suit. The driver was captured by pur- speech of the gentleman from Texas That ballad basically talks about the suing officers. During the foot pursuit, (Mr. POE) is vacated for today. Wild West along the border and how it automatic gunfire was heard from the There was no objection. direction of the United States and was violent at a time. Some things Mexican border. Sheriff Arvin West or- have changed along the Texas-Mexico f dered the area south of the capture site border. There is some security. There LEAVE OF ABSENCE to be cleared of any persons in danger, are prosperous cities on both sides of the border. But there are other commu- By unanimous consent, leave of ab- and to seek out and find the person or sence was granted to: persons responsible for the gunfire. nities. These are small communities. Mr. BOYD (at the request of Mr. Once there were sufficient sheriff These are small villages where real HOYER) for today on account of a fam- deputies on the scene, Chief Deputy people live, too. Many live in fear of ily emergency. Mike Doyle organized and led the depu- their life because our border is open. Mr. ELLSWORTH (at the request of Mr. ties to the border area for the search. Times have changed because the type of people coming into the United HOYER) for today on account of official b 1645 States have changed. They are not all travel. After a thorough search of the border coming over here looking for work. Mrs. JONES of Ohio (at the request of area south of the capture site, it was Some of them are coming over here Mr. HOYER) for today on account of a determined that the automatic gunfire looking for mischief. They find that death in the family. came from the Mexican side of the mischief. Much of that mischief is Mr. PEARCE (at the request of Mr. United States-Mexico border. The down there on the border where Ameri- BOEHNER) for today on account of offi- Hudspeth County Sheriff’s Office con- cans live and legal immigrants live cial business. ducted a search of the border area that are persecuted by criminals who Mr. REICHERT (at the request of Mr. alone because the agents of the United come in to the United States. BOEHNER) for today on account of offi- States Border Patrol were ordered not So violence does continue on our bor- cial business. to engage at the border. And that is a der. It is imperative that we under- f dispatch that I didn’t see printed in stand that and admit it so we can do any newspaper in the United States something about it. Denying the truth SPECIAL ORDERS GRANTED about the violence, the drug dealers is not a solution, but being openminded By unanimous consent, permission to and the drug cartels along our southern and realizing that, Mr. Speaker, I have address the House, following the legis- border. only talked about two counties along lative program and any special orders Mr. Speaker, it is a serious situation the Texas-Mexico border, El Paso heretofore entered, was granted to: on the Rio Grande River. Like I said County and Hudspeth County. This bor- (The following Members (at the re- earlier, this is not an immigration der, like I said, is 1,250 miles long from quest of Mr. ENGEL) to revise and ex- issue at all. This is an issue about El Paso all the way down to Browns- tend their remarks and include extra- whether this country will secure its ville. I have traveled almost the entire neous material:)

VerDate Aug 31 2005 03:31 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.117 H07SEPT1 bajohnson on PROD1PC69 with HOUSE September 7, 2007 CONGRESSIONAL RECORD — HOUSE H10317 Mr. CUMMINGS, for 5 minutes, today. ley Moore Capito, Lois Capps, Michael E. lohan, Dennis Moore, Gwen Moore, James P. Ms. WOOLSEY, for 5 minutes, today. Capuano, Dennis A. Cardoza, Russ Carnahan, Moran, Jerry Moran, Christopher S. Murphy, Mr. ENGEL, for 5 minutes, today. Christopher P. Carney, Julia Carson, John R. Patrick J. Murphy, Tim Murphy, John P. Carter, Michael N. Castle, Kathy Castor, Murtha, Marilyn N. Musgrave, Sue Wilkins Mr. SPRATT, for 5 minutes, today. Steve Chabot, Ben Chandler, Donna M. Myrick, Jerrold Nadler, Grace F. Napolitano, (The following Members (at the re- Christensen, Yvette D. Clarke, Wm. Lacy Richard E. Neal, Randy Neugebauer, Eleanor quest of Mr. POE) to revise and extend Clay, Emanuel Cleaver, James E. Clyburn, Holmes Norton, Charlie Norwood, Devin their remarks and include extraneous Howard Coble, Steve Cohen, Tom Cole, K. Nunes, James L. Oberstar, David R. Obey, material:) Michael Conaway, John Conyers, Jr., Jim John W. Olver, Solomon P. Ortiz, Frank Mr. DAVIS of Kentucky, for 5 min- Cooper, Jim Costa, Jerry F. Costello, Joe Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, utes, September 10. Courtney, Robert E. (Bud) Cramer, Jr., Ron Paul, Donald M. Payne, Stevan Pearce, Ander Crenshaw, Joseph Crowley, Barbara Mr. JONES of North Carolina, for 5 Nancy Pelosi, Mike Pence, Ed Perlmutter, Cubin, Henry Cuellar, John Abney minutes, September 10. Collin C. Peterson, John E. Peterson, Thom- Culberson, Elijah E. Cummings, Artur Davis, as E. Petri, Charles W. ‘‘Chip’’ Pickering, Jo- Mr. POE, for 5 minutes, September 10. Danny K. Davis, David Davis, Geoff Davis, Jo seph R. Pitts, Todd Russell Platts, Ted Poe, f Ann Davis, Lincoln Davis, Susan A. Davis, Earl Pomeroy, Jon C. Porter, David E. Price, Tom Davis, Nathan Deal, Peter A. DeFazio, Tom Price, Deborah Pryce, Adam H. Put- ENROLLED BILL SIGNED Diana DeGette, William D. Delahunt, Rosa nam, George Radanovich, Nick J. Rahall II, L. DeLauro, Charles W. Dent, Lincoln Diaz- Jim Ramstad, Charles B. Rangel, Ralph Reg- Mr. Lorraine C. Miller, Clerk of the Balart, Mario Diaz-Balart, Norman D. Dicks, House, reported and found truly en- ula, Dennis R. Rehberg, David G. Reichert, John D. Dingell, Lloyd Doggett, Joe Don- Rick Renzi, Silvestre Reyes, Thomas M. Rey- rolled a bill of the House of the fol- nelly, John T. Doolittle, Michael F. Doyle, nolds, Laura Richardson, Ciro D. Rodriguez, lowing title, which was thereupon Thelma D. Drake, David Dreier, John J. Harold Rogers, Mike Rogers of Alabama, signed by the Speaker: Duncan, Jr., Chet Edwards, Vernon J. Ehlers, Mike Rogers of Michigan, Dana Rohr- H.R. 2358. An act to require the Secretary Keith Ellison, Brad Ellsworth, Rahm Eman- abacher, Peter J. Roskam, Ileana Ros- of the Treasury to mint and issue coins in uel, Jo Ann Emerson, Eliot L. Engel, Phil Lehtinen, Mike Ross, Steven R. Rothman, commemoration of Native Americans and English, Anna G. Eshoo, Bob Etheridge, Lucille Roybal-Allard, Edward R. Royce, C. the important contributions made by Indian Terry Everett, Eni F. H. Faleomavaega, A. Dutch Ruppersberger, Bobby L. Rush, tribes and individual Native Americans to Mary Fallin, Sam Farr, Chaka Fattah, Tom Paul Ryan, Tim Ryan, John T. Salazar, Bill the development of the United States and Feeney, Mike Ferguson, Bob Filner, Jeff Sali, Linda T. Sa´ nchez, Loretta Sanchez, Flake, J. Randy Forbes, Jeff Fortenberry, the history of the United States, and for John P. Sarbanes, Jim Saxton, Janice D. Luis G. Fortun˜ o, Vito Fossella, Virginia other purposes. Schakowsky, Adam B. Schiff, Jean Schmidt, Foxx, Barney Frank, Trent Franks, Rodney Allyson Y. Schwartz, David Scott, Robert C. f P. Frelinghuysen, Elton Gallegly, Scott Gar- ‘‘Bobby’’ Scott, F. James Sensenbrenner, Jr., rett, Jim Gerlach, Gabrielle Giffords, Wayne Jose´ E. Serrano, Pete Sessions, Joe Sestak, SENATE ENROLLED BILL SIGNED T. Gilchrest, Kirsten E. Gillibrand, Paul E. John B. Shadegg, Christopher Shays, Carol Gillmor, Phil Gingrey, Louie Gohmert, The SPEAKER announced her signa- Shea-Porter, Brad Sherman, John Shimkus, Charles A. Gonzalez, Virgil H. Goode, Jr., ture to an enrolled bill of the Senate of Heath Shuler, Bill Shuster, Michael K. Simp- Bob Goodlatte, Bart Gordon, Kay Granger, the following title: son, Albio Sires, Ike Skelton, Louise Sam Graves, Al Green, Gene Green, Rau´ l M. McIntosh Slaughter, Adam Smith, Adrian S. 377. An act to establish a United States- Grijalva, Luis V. Gutierrez, John J. Hall, Smith, Christopher H. Smith, Lamar Smith, Poland parliamentary youth exchange pro- Ralph M. Hall, Phil Hare, Jane Harman, J. Vic Snyder, Hilda L. Solis, Mark E. Souder, gram, and for other purposes. Dennis Hastert, Alcee L. Hastings, Doc Zachary T. Space, John M. Spratt, Jr., Cliff Hastings, Robin Hayes, Dean Heller, Jeb f Stearns, Bart Stupak, John Sullivan, Betty Hensarling, Wally Herger, Stephanie ADJOURNMENT Herseth, Brian Higgins, Baron P. Hill, Mau- Sutton, Thomas G. Tancredo, John S. Tan- rice D. Hinchey, Ruben Hinojosa, Mazie K. ner, Ellen O. Tauscher, Gene Taylor, Lee Mr. POE. Mr. Speaker, I move that Hirono, David L. Hobson, Paul W. Hodes, Terry, Bennie G. Thompson, Mike Thomp- the House do now adjourn. Peter Hoekstra, Tim Holden, Rush D. Holt, son, Mac Thornberry, Todd Tiahrt, Patrick The motion was agreed to; accord- Michael M. Honda, Darlene Hooley, Steny H. J. Tiberi, John F. Tierney, Edolphus Towns, ingly (at 4 o’clock and 52 minutes Hoyer, Kenny C. Hulshof, Duncan Hunter, Michael R. Turner, Mark Udall, Tom Udall, p.m.), under its previous order, the Bob Inglis, Jay Inslee, Steve Israel, Darrell Fred Upton, Chris Van Hollen, Nydia M. E. Issa, Jesse L. Jackson, Jr., Sheila Jack- Vela´ zquez, Peter J. Visclosky, Tim Walberg, House adjourned until Monday, Sep- Greg Walden, James T. Walsh, Timothy J. tember 10, 2007, at 10:30 a.m., for morn- son-Lee, William J. Jefferson, Bobby Jindal, Eddie Bernice Johnson, Henry C. ‘‘Hank’’ Walz, Zach Wamp, Debbie Wasserman ing-hour debate. Johnson, Jr., Sam Johnson, Timothy V. Schultz, Maxine Waters, Diane E. Watson, f Johnson, Stephanie Tubbs Jones, Walter B. Melvin L. Watt, Henry A. Waxman, Anthony Jones, Jim Jordan, Steve Kagen, Paul E. D. Weiner, Peter Welch, Dave Weldon, Jerry OATH FOR ACCESS TO CLASSIFIED Kanjorski, Marcy Kaptur, Ric Keller, Pat- Weller, Lynn A. Westmoreland, Robert INFORMATION rick J. Kennedy, Dale E. Kildee, Carolyn C. Wexler, Ed Whitfield, Roger F. Wicker, Charles A. Wilson, Heather Wilson, Joe Wil- Under clause 13 of rule XXIII, the fol- Kilpatrick, Ron Kind, Peter T. King, Steve King, Jack Kingston, Mark Steven Kirk, Ron son, Frank R. Wolf, Lynn C. Woolsey, David lowing Members executed the oath for Klein, John Kline, Joe Knollenberg, John R. Wu, Albert Russell Wynn, John A. Yarmuth, access to classified information: ‘‘Randy’’ Kuhl, Jr., Ray LaHood, Doug C. W. Bill Young, Don Young. Neil Abercrombie, Gary L. Ackerman, Rob- Lamborn, Nick Lampson, James R. f ert B. Aderholt, W. Todd Akin, Rodney Alex- Langevin, Tom Lantos, Rick Larsen, John B. ander, Thomas H. Allen, Jason Altmire, Rob- Larson, Tom Latham, Steven C. LaTourette, EXECUTIVE COMMUNICATIONS, ert E. Andrews, Michael A. Arcuri, Joe Baca, Barbara Lee, Sander M. Levin, Jerry Lewis, ETC. Michele Bachmann, Spencer Bachus, Brian John Lewis, Ron Lewis, John Linder, Daniel Under clause 8 of rule XII, executive Baird, Richard H. Baker, Tammy Baldwin, J. Lipinski, Frank A. LoBiondo, David Gresham Barrett, John Barrow, Roscoe G. Loebsack, Zoe Lofgren, Nita M. Lowey, communications were taken from the Bartlett, Joe Barton, Melissa L. Bean, Xa- Frank D. Lucas, Daniel E. Lungren, Stephen Speaker’s table and referred as follows: vier Becerra, Shelley Berkley, Howard L. F. Lynch, Carolyn McCarthy, Kevin McCar- 3206. A letter from the Principal Deputy Berman, Marion Berry, Judy Biggert, Brian thy, Michael T. McCaul, Betty McCollum, Associate Administrator, Environmental P. Bilbray, Gus M. Bilirakis, Rob Bishop, Thaddeus G. McCotter, Jim McCrery, James Protection Agency, transmitting the Agen- Sanford D. Bishop, Jr., Timothy H. Bishop, P. McGovern, Patrick T. McHenry, John M. cy’s final rule—Pyriproxyfen; Pesticide Tol- Marsha Blackburn, Earl Blumenauer, Roy McHugh, Mike McIntyre, Howard P. ‘‘Buck’’ erance [EPA-HQ-OPP-2006-0889; FRL-8142-4] Blunt, John A. Boehner, Jo Bonner, Mary McKeon, Cathy McMorris Rodgers, Jerry received August 21, 2007, pursuant to 5 U.S.C. Bono, John Boozman, Madeleine Z. Bordallo, McNerney, Michael R. McNulty, Connie 801(a)(1)(A); to the Committee on Agri- Dan Boren, Leonard L. Boswell, Rick Bou- Mack, Tim Mahoney, Carolyn B. Maloney, culture. cher, Charles W. Boustany, Jr., Allen Boyd, Donald A. Manzullo, Kenny Marchant, Ed- 3207. A letter from the Principal Deputy Nancy E. Boyda, Kevin Brady, Robert A. ward J. Markey, Jim Marshall, Jim Mathe- Associate Administrator, Environmental Brady, Bruce L. Braley, Paul C. Broun, son, Doris O. Matsui, Martin T. Meehan, Protection Agency, transmitting the Agen- Corrine Brown, Henry E. Brown, Jr., Ginny Kendrick B. Meek, Gregory W. Meeks, Char- cy’s final rule—Flusilazole; Pesticide Toler- Brown-Waite, Vern Buchanan, Michael C. lie Melancon, John L. Mica, Michael H. ances for Emergency Exemptions [EPA-HQ- Burgess, Dan Burton, G. K. Butterfield, Michaud, Juanita Millender-McDonald, Brad OPP-2007-0428; FRL-8138-6] received August Steve Buyer, Ken Calvert, Dave Camp, John Miller, Candice S. Miller, Gary G. Miller, 24, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Campbell, Chris Cannon, Eric Cantor, Shel- Jeff Miller, Harry E. Mitchell, Alan B. Mol- the Committee on Agriculture.

VerDate Aug 31 2005 04:16 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K07SE7.120 H07SEPT1 bajohnson on PROD1PC69 with HOUSE H10318 CONGRESSIONAL RECORD — HOUSE September 7, 2007 3208. A letter from the Principal Deputy ments to Related Mercury Monitoring Provi- 3228. A letter from the Deputy Assistant Associate Administrator, Environmental sions [EPA-HQ-OAR-2007-0164, FRL-8459-8] Administrator, Office of Diversion Control, Protection Agency, transmitting the Agen- (RIN: 2060-AO01) received August 21, 2007, DEA, Department of Justice, transmitting cy’s final rule—Flutriafol; Time-Limited pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Elimination of Pesticide Tolerance [EPA-HQ-OPP-2007-0327; mittee on Energy and Commerce. Exemptions for Chemical Mixtures Con- FRL-8135-6] received August 24, 2007, pursu- 3218. A letter from the Principal Deputy taining the List I Chemicals Ephedrine and/ ant to 5 U.S.C. 801(a)(1)(A); to the Committee Associate Administrator, Environmental or Pseudoephedrine [Docket No. DEA-2841] on Agriculture. Protection Agency, transmitting the Agen- (RIN: 1117-AB11) received August 14, 2007, 3209. A letter from the Principal Deputy cy’s final rule—Approval and Promulgation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Associate Administrator, Environmental of Air Quality Implementation Plans; Con- mittee on the Judiciary. Protection Agency, transmitting the Agen- necticut; Establishment of Interim Progress 3229. A letter from the Federal Register cy’s final rule—Propylene Oxide; Pesticide for the Annual Fine Particle National Ambi- Certifying Officer, Department of the Treas- Tolerance [EPA-HQ-OPP-2005-0157; FRL-8143- ent Air Quality Standard. [EPA-R01-OAR- ury, transmitting the Department’s final 9] received August 24, 2007, pursuant to 5 2007-0373; A-1-FRL-8461-5] received August 24, rule—Management of Federal Agency Dis- U.S.C. 801(a)(1)(A); to the Committee on Ag- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the bursements (RIN: 1510-AB07) received August riculture. Committee on Energy and Commerce. 28, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 3210. A letter from the Principal Deputy 3219. A letter from the Principal Deputy the Committee on the Judiciary. Associate Administrator, Environmental Associate Administrator, Environmental 3230. A letter from the Deputy Executive Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Director, Reserve Officers Association of the cy’s final rule—Spinosad; Pesticide Toler- cy’s final rule—Approval and Promulgation United States, transmitting a copy of the ance [EPA-HQ-OPP-2007-0349; FRL-8142-1] re- of Air Quality Implementation Plans; Min- Report of Audit for the year ending 31 March nesota [EPA-R05-OAR-2006-1023; FRL-8464-8] ceived August 24, 2007, pursuant to 5 U.S.C. 2007 of the Association’s accounts, pursuant received September 5, 2007, pursuant to 5 801(a)(1)(A); to the Committee on Agri- to 36 U.S.C. 1101(41) and 1103; to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- culture. mittee on the Judiciary. ergy and Commerce. 3211. A letter from the Secretary, Depart- 3231. A letter from the Secretary, Depart- ment of Health and Human Services, trans- 3220. A letter from the Principal Deputy Associate Administrator, Environmental ment of Transportation, transmitting a copy mitting the Department’s FY 2006 annual fi- of a draft bill entitled, ‘‘Railroad Rehabilita- nancial report to Congress required by the Protection Agency, transmitting the Agen- cy’s final rule—Approval and Promulgation tion and Improvement Financing Reform Prescription Drug User Fee Act of 1992 Act’’; to the Committee on Transportation (PDUFA), pursuant to 21 U.S.C. 379g note; to of Air Quality Implementation Plans; New Mexico; Prevention of Significant Deteriora- and Infrastructure. the Committee on Energy and Commerce. 3232. A letter from the Director, Office of 3212. A letter from the Principal Deputy tion and New Source Review [EPA-R06-OAR- 2005-NM-0006; FRL-8463-3] received Sep- Management and Budget, transmitting the Associate Administrator, Environmental FY 2006 annual report on the Federal partici- Protection Agency, transmitting the Agen- tember 5, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and pation in the development and use of vol- cy’s final rule—Approval and Promulgation untary consensus standards, pursuant to of Air Quality Implementation Plans; Texas; Commerce. 3221. A letter from the Administrator, En- Public Law 104–113, section 12(d)(3) (110 Stat. Shipyard Facilities and Provisions for Dis- vironmental Protection Agency, transmit- 783); to the Committee on Science and Tech- tance Limitations, Setbacks, and Buffers in ting the Agency’s report on server and data nology. Standard Permits [EPA-R06-OAR-2007-0285; center energy efficiency, pursuant to Public FRL-8460-2] received August 21, 2007, pursu- f Law 109–341; to the Committee on Energy ant to 5 U.S.C. 801(a)(1)(A); to the Committee and Commerce. REPORTS OF COMMITTEES ON on Energy and Commerce. 3222. A letter from the Associate Deputy PUBLIC BILLS AND RESOLUTIONS 3213. A letter from the Principal Deputy Secretary, Department of the Interior, trans- Associate Administrator, Environmental mitting the Department’s annual report for Under clause 2 of rule XIII, reports of Protection Agency, transmitting the Agen- Fiscal Years 2004, 2005, and 2006 prepared in committees were delivered to the Clerk cy’s final rule—Approval and Promulgation accordance with Section 203 of the Notifica- for printing and reference to the proper of Implementation Plans South Carolina: tion and Federal Employee Antidiscrimina- calendar, as follows: Revisions to Ambient Air Quality Standards tion and Retaliation Act of 2002 (No FEAR [EPA-R04-OAR-2004-SC-0004-200706 (a); FRL- Mr. OBERSTAR: Committee on Transpor- Act), Public Law 107–174; to the Committee tation and Infrastructure. H.R. 3246. A bill to 8457-2] received August 21, 2007, pursuant to 5 on Oversight and Government Reform. U.S.C. 801(a)(1)(A); to the Committee on En- amend title 40, United States Code, to pro- 3223. A letter from the Executive Director, vide a comprehensive regional approach to ergy and Commerce. Interstate Commission on the Potomac 3214. A letter from the Principal Deputy economic and infrastructure development in River Basin, transmitting the audited Sixty- the most severely economically distressed Associate Administrator, Environmental Sixth Financial Statement for the period Oc- Protection Agency, transmitting the Agen- regions in the Nation; with an amendment tober 1, 2005 to September 30, 2006, pursuant (Rept. 110–321, Pt. 1). Ordered to be printed. cy’s final rule—Revisions to Consolidated to 31 U.S.C. 3512(c)(3); to the Committee on Federal Air Rule [EPA-HQ-OAR-2007-0429; Oversight and Government Reform. DISCHARGE OF COMMITTEE FRL-8459-5] (RIN: 2060-A045) received August 3224. A letter from the Director, EEO and Pursuant to clause 2 of rule XII the 21, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Diversity Programs, National Archives and Committee on Financial Services dis- the Committee on Energy and Commerce. Records Administration, transmitting a copy 3215. A letter from the Principal Deputy charged from further consideration. of the Administration’s Fiscal Year 2006 No- H.R. 3246 referred to the Committee of Associate Administrator, Environmental tification and Federal Employee Anti-Dis- Protection Agency, transmitting the Agen- crimination and Retaliation (No FEAR) Act the Whole on the State of the Union. cy’s final rule—Revisions to the California Annual Report; to the Committee on Over- f State Implementation Plan, South Coast Air sight and Government Reform. Quality Management District [EPA-R09- 3225. A letter from the Chairman, National TIME LIMITATION OF REFERRED OAR-2007-0421a; FRL-8452-1] received August Transportation Safety Board, transmitting BILL 21, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Board’s inventory of commercial and in- Pursuant to clause 2 of rule XII the the Committee on Energy and Commerce. herently governmental activities, pursuant following action was taken by the 3216. A letter from the Principal Deputy to Pub. L. 105–270; to the Committee on Over- Associate Administrator, Environmental sight and Government Reform. Speaker: Protection Agency, transmitting the Agen- 3226. A letter from the Chairman, National H.R. 948. Referral to the Committee on cy’s final rule—Revisions to the California Transportation Safety Board, transmitting Ways and Means extended for a period ending State Implementation Plan, Sacramento the Board’s FY 2006 Annual Report required not later than October 5, 2007. Metropolitan Air Quality Management Dis- by Section 203 of the Notification and Fed- f trict and San Joaquin Valley Air Pollution eral Antidiscrimination and Retaliation Act Control District Technical Amendment of 2002, Pub. L. 107–174; to the Committee on PUBLIC BILLS AND RESOLUTIONS [EPA-R09-OAR-2007-0462 FRL-8458-9] received Oversight and Government Reform. Under clause 2 of rule XII, public August 21, 2007, pursuant to 5 U.S.C. 3227. A letter from the Director, Minerals 801(a)(1)(A); to the Committee on Energy and Management Service, Department of the In- bills and resolutions were introduced Commerce. terior, transmitting the Department’s report and severally referred, as follows: 3217. A letter from the Principal Deputy entitled, ‘‘Estimates of Natural Gas and Oil By Mrs. BLACKBURN (for herself, Mr. Associate Administrator, Environmental Reserves, Reserves Growth, and Undis- BROUN of Georgia, Mr. BLUNT, Mr. Protection Agency, transmitting the Agen- covered Resources in Federal and State PUTNAM, Mr. ALEXANDER, Mr. BACH- cy’s final rule—Two Optional Methods for Water off the coasts of Louisiana, Texas, US, Mr. BAKER, Mr. BARTLETT of Relative Accuracy Test Audits of Mercury Alabama, and Mississippi,’’ pursuant to Pub- Maryland, Mr. BILBRAY, Mrs. Monitoring Systems Installed on Combus- lic Law 109–58, section 965(c); to the Com- BIGGERT, Mr. BOUSTANY, Mr. BRADY tion Flue Gas Streams and Several Amend- mittee on Natural Resources. of Texas, Mr. BURGESS, Mr. BURTON

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of Indiana, Mr. CAMPBELL of Cali- grants to assist cities with a vacant housing through demonstration projects for States to fornia, Mr. COBLE, Mrs. CUBIN, Mr. problem, and for other purposes; to the Com- provide universal, comprehensive, cost-effec- CULBERSON, Mr. DAVID DAVIS of Ten- mittee on Financial Services. tive systems of health care coverage, with nessee, Mrs. JO ANN DAVIS of Vir- By Ms. HOOLEY (for herself and Ms. simplified administration; to the Committee ginia, Mrs. DRAKE, Mr. DUNCAN, Mrs. WASSERMAN SCHULTZ): on Energy and Commerce, and in addition to EMERSON, Mr. EVERETT, Mr. FEENEY, H.R. 3499. A bill to amend the Consumer the Committees on Ways and Means, Edu- Ms. FOXX, Mr. FRANKS of Arizona, Product Safety Act to require third-party cation and Labor, and Oversight and Govern- Mr. GARRETT of New Jersey, Mr. verification of compliance of children’s prod- ment Reform, for a period to be subsequently GINGREY, Mr. GOODE, Mr. HAYES, Mr. ucts with consumer product safety standards determined by the Speaker, in each case for HENSARLING, Mr. HERGER, Mr. HOEK- promulgated by the Consumer Product Safe- consideration of such provisions as fall with- STRA, Mr. ISSA, Mr. JONES of North ty Commission, and for other purposes; to in the jurisdiction of the committee con- Carolina, Mr. KELLER, Mr. KING of the Committee on Energy and Commerce. cerned. Iowa, Mr. KINGSTON, Mr. MARCHANT, By Mr. KING of Iowa: By Mr. DANIEL E. LUNGREN of Cali- H.R. 3500. A bill to amend the Help Amer- Mr. MCCAUL of Texas, Mr. MCHENRY, fornia (for himself and Mr. RYAN of ica Vote Act of 2002 to require voting sys- Mr. MCKEON, Mr. MILLER of Florida, Wisconsin): tems to produce a verifiable paper record of H. Con. Res. 206. Concurrent resolution Mr. NEUGEBAUER, Mr. PETERSON of each vote cast and to ensure the security of honoring Kikkoman Foods, Inc. and its 50 Pennsylvania, Mr. POE, Mr. PRICE of electronic data, and for other purposes; to years of commitment to providing quality Georgia, Mr. REHBERG, Mr. ROYCE, the Committee on House Administration. products to the United States; to the Com- Mrs. SCHMIDT, Mr. SENSENBRENNER, By Mr. LEVIN (for himself, Mr. mittee on Energy and Commerce. Mr. SESSIONS, Mr. SHADEGG, Mr. MCDERMOTT, Mr. LEWIS of Georgia, By Mr. SPRATT (for himself, Mrs. WIL- SIMPSON, Mr. SULLIVAN, Mr. Mr. POMEROY, Mr. BLUMENAUER, Mr. SON of New Mexico, Mrs. JO ANN TANCREDO, Mr. WAMP, Mr. WEST- PASCRELL, Ms. BERKLEY, and Mr. VAN DAVIS of Virginia, Mr. STEARNS, Mr. MORELAND, Mr. WICKER, Mr. HOLLEN): OBERSTAR, Mr. CONAWAY, Mr. HAYES, WALBERG, Mr. WILSON of South Caro- H.R. 3501. A bill to amend the Internal Rev- Mrs. BOYDA of Kansas, Mr. SMITH of lina, Mr. BARTON of Texas, Mr. GOOD- enue Code of 1986 to provide that indebted- Washington, Mr. FRANKS of Arizona, LATTE, Mr. CANTOR, Mr. BARRETT of ness incurred by a partnership in acquiring Mr. MCCRERY, Mr. NEUGEBAUER, Mr. South Carolina, Mr. CRENSHAW, Mr. securities and commodities is not treated as GINGREY, Mr. YOUNG of Alaska, Mr. DOOLITTLE, Mr. FORBES, Mr. acquisition indebtedness by organizations LAMBORN, Mr. SAXTON, Mr. GON- GALLEGLY, Mr. HALL of Texas, Mr. which are limited partners for purposes of ZALEZ, Ms. BERKLEY, Mr. BOYD of ROHRABACHER, Mr. LUCAS, Ms. the unrelated business income tax; to the Florida, Mr. MARSHALL, Mrs. MYRICK, GRANGER, Mr. LINDER, Mr. MCCRERY, Committee on Ways and Means. Mr. KINGSTON, Mr. BISHOP of Utah, Mr. MCCOTTER, Mr. BOEHNER, Mr. By Mr. MORAN of Kansas (for himself, Mr. SAM JOHNSON of Texas, Mr. BONNER, Mr. MCHUGH, Mr. KLINE of Mr. SALAZAR, Mrs. EMERSON, Mr. BRADY of Pennsylvania, Mr. TURNER, Minnesota, Mr. SOUDER, Mr. THORN- YOUNG of Alaska, and Mrs. MYRICK): Ms. EDDIE BERNICE JOHNSON of Texas, BERRY, Mr. HUNTER, Mr. MANZULLO, H.R. 3502. A bill to provide for the prompt Mr. ABERCROMBIE, Mr. WILSON of Mr. CAMP of Michigan, Mr. BOOZMAN, implementation of those recommendations South Carolina, Mrs. GILLIBRAND, Mr. LAMBORN, Mr. LAHOOD, Mr. of the President’s Commission on Care for Mrs. TAUSCHER, Mr. LOEBSACK, Mr. TURNER, Mr. PLATTS, Mr. CALVERT, America’s Returning Wounded Warriors that COURTNEY, Mr. PATRICK MURPHY of Mr. GARY G. MILLER of California, require congressional action; to the Com- Pennsylvania, Mr. MCINTYRE, Ms. Mr. SMITH of Texas, and Mr. WELDON mittee on Armed Services, and in addition to SHEA-PORTER, Mrs. DAVIS of Cali- of Florida): the Committees on Veterans’ Affairs, Edu- fornia, Mr. SNYDER, Ms. GIFFORDS, H.R. 3494. A bill to provide for enhanced cation and Labor, Oversight and Government Mr. COOPER, Mr. BOREN, Mr. UDALL of Federal, State, and local assistance in the Reform, and House Administration, for a pe- Colorado, Mr. ANDREWS, Mr. BUYER, enforcement of the immigration laws, to riod to be subsequently determined by the Ms. CASTOR, Mr. ELLSWORTH, Mr. amend the Immigration and Nationality Act, Speaker, in each case for consideration of SKELTON, Mr. ORTIZ, and Mr. to authorize appropriations to carry out the such provisions as fall within the jurisdic- State Criminal Alien Assistance Program, MCKEON): tion of the committee concerned. H. Con. Res. 207. Concurrent resolution rec- and for other purposes; to the Committee on By Ms. NORTON: the Judiciary. ognizing the 60th anniversary of the United H.R. 3503. A bill to amend the Public States Air Force as an independent military By Ms. CORRINE BROWN of Florida: Health Service Act to provide for a national service; to the Committee on Armed Serv- H.R. 3495. A bill to establish a National program to conduct and support activities Commission on Children and Disasters, a Na- ices. toward the goal of significantly reducing the By Mr. COSTELLO (for himself, Mr. tional Resource Center on Children and Dis- number of cases of overweight and obesity SHIMKUS, Mr. ORTIZ, and Mr. SKEL- asters, and for other purposes; to the Com- among individuals in the United States; to TON): mittee on Transportation and Infrastruc- the Committee on Energy and Commerce. ture. H. Res. 640. A resolution honoring the sac- By Mr. ROSKAM: rifices and commitments of the men, women, By Ms. GINNY BROWN-WAITE of Flor- H.R. 3504. A bill to authorize the Securities and families of the United States Transpor- ida: and Exchange Commission to permit or re- H.R. 3496. A bill to debar or suspend con- tation Command, and for other purposes; to quire persons filing or furnishing informa- the Committee on Armed Services. tractors from Federal contracting for unlaw- tion under the securities laws to make such ful employment of aliens, and for other pur- By Mr. MCHENRY: information available on internet websites, H. Res. 641. A resolution acknowledging poses; to the Committee on Homeland Secu- in addition to or instead of including such the importance of understanding the history rity, and in addition to the Committee on information in filings with or submissions to of the United States of America and recog- Oversight and Government Reform, for a pe- the Commission, under such conditions as nizing the need to foster civic responsibility riod to be subsequently determined by the the Commission may specify by rule; to the in all citizens; to the Committee on Over- Speaker, in each case for consideration of Committee on Financial Services. sight and Government Reform. such provisions as fall within the jurisdic- By Mr. ROSKAM: By Ms. SOLIS (for herself, Mr. ENGEL, tion of the committee concerned. H.R. 3505. A bill to make various technical Mr. LANTOS, Mr. BURTON of Indiana, By Mr. GARRETT of New Jersey (for and clerical amendments to the Federal se- Mr. GRIJALVA, Mr. HONDA, Mr. himself, Mr. BARRETT of South Caro- curities laws; to the Committee on Financial MCGOVERN, Mr. MARIO DIAZ-BALART lina, Mr. MARCHANT, Mr. CARTER, Mr. Services. of Florida, Mr. LINCOLN DIAZ-BALART HENSARLING, Ms. FALLIN, Mr. ISSA, By Mr. SPACE: of Florida, Mr. HARE, and Mr. Mr. SHADEGG, Mr. BARTLETT of Mary- H.R. 3506. A bill to amend the Internal Rev- HASTINGS of Florida): land, Mrs. MYRICK, Mr. FRANKS of Ar- enue Code of 1986 to exclude from gross in- H. Res. 642. A resolution expressing sym- izona, Mr. DANIEL E. LUNGREN of come certain amounts of cancellation of in- pathy to and support for the people and gov- California, Mr. PRICE of Georgia, Mr. debtedness income on account of a fore- ernments of the countries of Central Amer- FEENEY, Mr. HOEKSTRA, Mrs. closure on the mortgage secured by the prin- ica, the Caribbean, and Mexico which have MUSGRAVE, Mr. PITTS, Mr. LAMBORN, cipal residence of the taxpayer; to the Com- suffered from Hurricanes Felix, Dean, and Mr. WALBERG, Mr. GINGREY, Mr. mittee on Ways and Means. Henriette and whose complete economic and FLAKE, and Mr. CHABOT): By Mr. TIERNEY (for himself, Ms. KIL- fatality toll are still unknown; to the Com- H.R. 3497. A bill to amend the Internal Rev- PATRICK, Mr. HASTINGS of Florida, mittee on Foreign Affairs. enue Code of 1986 to reduce the Federal tax Mr. KENNEDY, Mr. UDALL of New Mex- on fuels by the amount of any increase in the ico, Mr. GEORGE MILLER of Cali- f rate of tax on such fuel by the States; to the fornia, Mr. LEWIS of Georgia, Ms. ADDITIONAL SPONSORS Committee on Ways and Means. BALDWIN, Mr. MCDERMOTT, Mr. NAD- By Mr. HIGGINS: LER, and Mr. HINCHEY): Under clause 7 of rule XII, sponsors H.R. 3498. A bill to authorize the Secretary H.R. 3507. A bill to amend the Social Secu- were added to public bills and resolu- of Housing and Urban Development to make rity Act to provide grants and flexibility tions as follows:

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H.R. 19: Mr. GINGREY. Mr. WILSON of South Carolina, and Ms. KAP- H.R. 2807: Mr. FEENEY. H.R. 39: Ms. CARSON. TUR. H.R. 2816: Mr. THOMPSON of California. H.R. 69: Mr. GORDON. H.R. 1668: Mr. GORDON. H.R. 2818: Mr. CARNEY, Ms. CLARKE, and H.R. 87: Mr. ROSKAM. H.R. 1671: Mr. ANDREWS, Mr. LYNCH, Mr. Mr. HOYER. H.R. 111: Ms. SHEA-PORTER. CUMMINGS, Mr. HINCHEY, and Mr. WALZ of H.R. 2834: Ms. LEE. H.R. 158: Mr. HINCHEY. Minnesota. H.R. 2857: Mr. ALTMIRE. H.R. 219: Mr. GOODE. H.R. 1717: Mr. DEAL of Georgia. H.R. 2860: Mr. KING of Iowa. H.R. 281: Mr. RUSH. H.R. 1721: Ms. MCCOLLUM of Minnesota. H.R. 2881: Mr. HARE. H.R. 346: Mr. RUSH. H.R. 1738: Mr. JOHNSON of Georgia. H.R. 2885: Mr. JONES of North Carolina. H.R. 371: Mr. HIGGINS, Mr. ARCURI, and Mrs. H.R. 1764: Ms. ROS-LEHTINEN. H.R. 2926: Mr. JOHNSON of Georgia. CAPPS. H.R. 1767: Mrs. MCMORRIS RODGERS, Mrs. H.R. 2927: Mr. HASTINGS of Washington, Ms. H.R. 383: Mr. PAUL. BLACKBURN, and Mr. FEENEY. PRYCE of Ohio, and Mr. SCOTT of Georgia. H.R. 418: Mrs. CHRISTENSEN and Mr. H.R. 1778: Mr. DAVID DAVIS of Tennessee H.R. 2948: Mr. SALI. LAMBORN. and Mr. FERGUSON. H.R. 2949: Mr. RAMSTAD, Mr. SCOTT of Geor- H.R. 428: Ms. SCHAKOWSKY. H.R. 1783: Ms. MATSUI and Mr. BOUCHER. gia, and Mr. PAYNE. ALVERT H.R. 549: Mr. C . H.R. 1809: Mr. YOUNG of Alaska and Mr. H.R. 2966: Mr. MCNERNEY. H.R. 552: Ms. SLAUGHTER. ENGLISH of Pennsylvania. H.R. 3004: Mr. UDALL of Colorado. H.R. 601: Mr. ENGLISH of Pennsylvania. H.R. 1841: Ms. SLAUGHTER. H.R. 3005: Ms. ROS-LEHTINEN and Mrs. H.R. 657: Ms. BORDALLO. H.R. 1843: Mr. VAN HOLLEN, Mrs. MILLER of MCCARTHY of New York. H.R. 661: Mr. HASTINGS of Florida. Michigan, Mr. HOEKSTRA, Ms. KAPTUR, Mr. H.R. 3010: Ms. WASSERMAN SCHULTZ and Mr. H.R. 688: Mr. STUPAK. PETERSON of Minnesota, Mr. LAMBORN, and GRIJALVA. H.R. 695: Mr. MICHAUD. Mr. WALBERG. H.R. 3014: Ms. BALDWIN, Mrs. CAPPS, Ms. H.R. 741: Mr. FARR. H.R. 1875: Mrs. CUBIN. SCHAKOWSKY, Mr. WAXMAN, Mr. FILNER, and H.R. 743: Mr. SALI. Ms. LINDA T. SA´ NCHEZ of California. H.R. 867: Mr. ROSKAM. H.R. 1876: Mr. TIBERI, Mr. JOHNSON of Geor- H.R. 3026: Mr. BACA, Mr. BUYER, and Mr. H.R. 879: Mr. CHABOT and Mr. BARTLETT of gia, Mr. LINCOLN DIAZ-BALART of Florida, GORDON. Maryland. and Ms. CLARKE. H.R. 3047: Mr. BUYER. H.R. 880: Mr. HELLER. H.R. 1881: Ms. CARSON. H.R. 3051: Mr. HOLT, Mr. SAXON, and Mr. H.R. 891: Mr. BOUCHER and Mr. H.R. 1971: Mr. THOMPSON of Mississippi. FRANK of Massachusetts. MCDERMOTT. H.R. 1974: Mr. ENGLISH of Pennsylvania. H.R. 3057: Mr. FORBES. H.R. 900: Ms. WATSON and Mr. PERLMUTTER. H.R. 1992: Mr. FARR. H.R. 3077: Mr. MCINTYRE and Ms. KAPTUR. H.R. 989: Mrs. CUBIN and Mr. GOODLATTE. H.R. 2012: Mr. WESTMORELAND. LARKE RIJALVA H.R. 1032: Mr. SMITH of New Jersey. H.R. 2016: Mr. PRICE of North Carolina and H.R. 3081: Ms. C and Mr. G . H.R. 1035: Mr. KUHL of New York. Mr. THOMPSON of California. H.R. 3109: Mr. GOODE, Mrs. EMERSON, and H.R. 1064: Mr. WELDON of Florida, Mr. ISSA, H.R. 2033: Mr. NADLER, Mr. GEORGE MILLER Mr. ENGLISH of Pennsylvania. and Mr. STEARNS. of California, Ms. BORDALLO, and Mr. TOWNS. H.R. 3115: Mrs. CAPPS and Mr. KENNEDY. H.R. 1091: Mr. FARR, and Mr. SCOTT of Vir- H.R. 2046: Mr. SCOTT of Virginia. H.R. 3132: Ms. MATSUI and Mr. FILNER. ginia. H.R. 2074, Mr. SAXTON. H.R. 3140: Mr. BARTLETT of Maryland, Mr. H.R. 1125: Mr. RYAN of Wisconsin, Mr. H.R. 2091: Mr. SESTAK and Mr. AL GREEN of FILNER, and Mr. MILLER of Florida. MITCHELL, Mr. BILIRAKIS, and Mr. SHULER. Texas. H.R. 3168: Ms. CARSON, Mr. THOMPSON of H.R. 1154: Mr. TAYLOR, Mr. CAPUANO, Ms. H.R. 2095: Mr. SCOTT of Virginia. Mississippi, and Ms. NORTON. SCHAKOWSKY, Mr. SKELTON, Ms. BORDALLO, H.R. 2122: Mr. BRADY of Pennsylvania, Mr. H.R. 3212: Mr. DINGELL. Mr. DUNCAN, Mr. LATHAM, Mr. BROWN of HOLT, Ms. LEE, Ms. HARMAN, Ms. SLAUGHTER, H.R. 3224: Mrs. WILSON of New Mexico, Mrs. South Carolina, Mr. SCHIFF, Mrs. DAVIS of and Ms. SCHWARTZ. GILLIBRAND, and Mr. MATHESON. California, Ms. HERSETH SANDLIN, Mr. SHAD- H.R. 2138: Mr. MAHONEY of Florida. H.R. 3246: Mr. MCINTYRE. EGG, Mr. ADERHOLT, Mrs. JO ANN DAVIS of H.R. 2146: Mr. HINCHEY. H.R. 3273: Mr. BAIRD. ETERSON Virginia, Mr. BUYER, Mrs. MYRICK, Mrs. H.R. 2158: Mr. HENSARLING. H.R. 3297: Mr. P of Pennsylvania. H.R. 3298: Mr. SCOTT of Virginia, Mr. DRAKE, Mr. CALVERT, Mr. KENNEDY, Mrs. H.R. 2165: Mr. GORDON. ALTMIRE, and Ms. CASTOR. TAUSCHER, Mr. FOSSELLA, Ms. CASTOR, Mr. H.R. 2247: Mr. CRAMER, Mr. PAUL, and Mr. H.R. 3300: Mr. SOUDER. MILLER of North Carolina, Mr. ANDREWS, Mr. COHEN. H.R. 3385: Mr. GRIJALVA. ARCURI, Mr. BRALEY of Iowa, Mr. GUTIERREZ, H.R. 2260: Mr. SHADEGG. H.R. 3418: Mr. BAIRD and Mr. VAN HOLLEN. Mr. HODES, Mr. LOEBSACK, Mr. MCNERNEY, H.R. 2265: Mr. ROTHMAN, Mr. MILLER of H.R. 3439: Ms. CARSON. Mr. SMITH of Washington, Mr. STARK, Mr. North Carolina, and Ms. CARSON. H.R. 3440: Mr. ARCURI, Mr. BRADY of Penn- WELCH of Vermont, Mr. ENGEL, Mr. TANNER, H.R. 2283: Ms. SUTTON. sylvania, Mr. COURTNEY, Mr. LINCOLN DAVIS Mr. UDALL of Colorado, Mr. WALBERG, Mr. H.R. 2289: Mr. MOORE of Kansas and Ms. of Tennessee, Mr. DOYLE, Mr. ENGEL, Mr. JONES of North Carolina, Ms. HOOLEY, Mr. SCHAKOWSKY. HARE, Mr. HIGGINS, Mr. HINCHEY, Mr. DOYLE, Mr. BAIRD, and Mr. THOMPSON of Cali- H.R. 2303: Mr. GOODE. OLDEN, Mr. HONDA, Mr. ISRAEL, Mr. LARSON fornia. H.R. 2365: Mr. COHEN. H of Connecticut, Ms. MATSUI, Mrs. MCCARTHY H.R. 1193: Mr. FORBES, Mr. ROSKAM, Mr. H.R. 2370: Mr. WYNN and Mr. SHULER. of New York, Mr. MCGOVERN, Mr. MURPHY of ANDREWS, and Mr. ACKERMAN. H.R. 2373: Mr. MCINTYRE. Connecticut, Mr. MURTHA, Mr. PASCRELL, H.R. 1194: Mr. FOSSELLA. H.R. 2436: Mr. WAMP and Mr. KENNEDY. TARK TUPAK HOMPSON H.R. 1200: Ms. BALDWIN. H.R. 2452: Mr. CARNAHAN and Mr. ENGEL. Mr. S , Mr. S , and Mr. T H.R. 1201: Mr. SALI. H.R. 2464: Mr. MARSHALL and Ms. SLAUGH- of California. H.R. 1216: Mr. SIRES. TER. H.R. 3442: Mr. JORDAN, Mr. TIM MURPHY of H.R. 1228: Mr. CAMP of Michigan. H.R. 2468: Mr. LEWIS of Georgia, Ms. SOLIS, Pennsylvania, Mr. SESSIONS, Mr. DANIEL E. H.R. 1233: Ms. GINNY BROWN-WAITE of Flor- Mr. HARE, Ms. SCHAKOWSKY, and Mr. TOWNS. LUNGREN of California, and Mr. WALBERG. ida. H.R. 2489: Mr. RAMSTAD and Mr. STARK. H.R. 3446: Mr. CAMP of Michigan. H.R. 1275: Mr. ACKERMAN. H.R. 2503: Mr. WYNN. H.R. 3448: Mr. STARK, Mr. ALLEN, Mr. BER- H.R. 1283: Mr. CANTOR, Mr. HINCHEY, Mr. H.R. 2510: Mr. ISSA, Mr. COBLE, and Mr. MAN, Mrs. CHRISTENSEN, Ms. CARSON, Mr. NADLER, and Mr. OBERSTAR. BOOZMAN. HINCHEY, Mr. GEORGE MILLER of California, H.R. 1303: Mr. MCNULTY. H.R. 2552: Mr. BAIRD. Mr. VAN HOLLEN, Ms. NORTON, and Mr. INS- H.R. 1304: Mr. FORBES and Mr. MORAN of H.R. 2568: Mr. BOREN. LEE. Kansas. H.R. 2593: Mr. HINCHEY, Ms. WATSON, and H.R. 3457: Mrs. MCMORRIS RODGERS, Mr. H.R. 1359: Mr. GOODLATTE. Mrs. DAVIS of California. WICKER, and Mr. BERRY. H.R. 1363: Mr. SESTAK, Mr. WAXMAN, and H.R. 2596: Ms. SOLIS and Ms. LINDA T. H.R. 3463: Mr. SKELTON. Mrs. DAVIS of California. SA´ NCHEZ of California. H.R. 3481: Mr. SKELTON, Mrs. MCCARTHY of H.R. 1386: Mr. RYAN of Ohio, Mr. DAVIS of H.R. 2609: Mr. SESTAK and Mr. HILL. New York, and Ms. BERKLEY. Illinois, and Mr. SCHIFF. H.R. 2634: Mr. MCDERMOTT, Mr. COHEN, and H.J. Res. 6: Mr. CRENSHAW. H.R. 1414: Mr. PASCRELL. Mr. OLVER. H.J. Res. 14: Mr. MCINTYRE. H.R. 1440: Mr. GILCHREST. H.R. 2639: Mr. ISSA. H. Con. Res. 32: Mr. SESSIONS, Ms. H.R. 1475: Ms. SOLIS. H.R. 2668: Mr. GORDON. BORDALLO, Mr. MAHONEY of Florida, Mr. BUR- H.R. 1497: Mr. PAYNE and Mrs. CAPPS. H.R. 2677: Mr. ROGERS of Kentucky and Mr. TON of Indiana, Mr. KING of New York, Mr. H.R. 1507: Mr. VAN HOLLEN. MCINTYRE. GALLEGLY, Mr. WOLF, and Mrs. MYRICK. H.R. 1518: Mr. SPRATT. H.R. 2690: Mr. JACKSON of Illinois. H. Con. Res. 40: Mr. GARY G. MILLER of H.R. 1524: Mr. GORDON. H.R. 2702: Mr. BACA. California, Ms. KAPTUR, Mr. BACHUS, Mrs. H.R. 1540: Mr. EHLERS. H.R. 2734: Mr. KELLER. BOYDA of Kansas, and Mr. SHULER. H.R. 1570: Ms. BERKLEY and Mr. HONDA. H.R. 2738: Mr. LAMPSON. H. Con. Res. 55: Mr. LAMPSON. H.R. 1576: Mr. LOBIONDO, Mr. SCOTT of Vir- H.R. 2802: Mr. HINOJOSA, Mr. STARK, and H. Con. Res. 160: Mr. RUPPERSBERGER. ginia, Mr. CASTLE, Mr. MORAN of Virginia, Mrs. DAVIS of California. H. Con. Res. 176: Mr. SESTAK.

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H. Con. Res. 182: Mr. PRICE of Georgia, Mr. H. Res. 576: Mr. CLAY. H. Res. 605: Mr. ISSA, Mr. MEEKS of New FERGUSON, Mr. STUPAK, Mr. WHITFIELD, Mr. York, Mr. CONAWAY, Mr. DUNCAN, Mr. MARIO H. Res. 583: Mr. WOLF and Mr. MCCOTTER. CULBERSON, and Mr. WOLF. DIAZ-BALART of Florida, Mr. BUYER, Mrs. H. Con. Res. 194: Mr. BURTON of Indiana. H. Res. 588: Ms. BORDALLO, Mr. MCGOVERN, MUSGRAVE, and Mr. MARSHALL. H. Con. Res. 205: Mrs. BLACKBURN, Mr. GOR- Ms. CORRINE BROWN of Florida, Mr. HASTINGS H. Res. 635: Mr. PASCRELL, Mr. HASTINGS of DON, and Mr. TANNER. of Florida, Ms. MATSUI, Mr. WELCH of Florida, Ms. MCCOLLUM of Minnesota, Ms. H. Res. 18: Mr. HELLER, Mr. WAMP, and Mr. Vermont, Mrs. GILLIBRAND, Mrs. LOWEY, Mr. JACKSON-LEE of Texas, Mr. MCDERMOTT, Mr. SHUSTER. CROWLEY, Mrs. MALONEY of New York, Mr. HOLT, and Mr. SERRANO. H. Res. 79: Mr. KIND. HINCHEY, Mr. HIGGINS, Mr. SERRANO, Mr. H. Res. 87: Mr. ADERHOLT. SIRES, Mr. DONNELLY, Mrs. NAPOLITANO, Ms. H. Res. 111: Mr. LINCOLN DIAZ-BALART of f ´ Florida and Mr. GOODE. VELAZQUEZ, Mr. BACA, Mr. RODRIGUEZ, Mr. BECERRA, Mr. ORTIZ, Ms. SOLIS, Mr. CUELLAR, H. Res. 194: Mr. MILLER of Noth Carolina. AMENDMENTS H. Res. 241: Mr. MCGOVERN. Mr. PASTOR, Mr. ALTMIRE, Mr. LAMPSON, Mr. H. Res. 322: Mr. FRANK of Massachusetts. SPACE, Mr. WILSON of Ohio, Mr. MAHONEY of Under clause 8 of rule XVIII, pro- H. Res. 333: Ms. KILPATRICK. Florida, Ms. LINDA T. SA´ NCHEZ of California, posed amendments were submitted as H. Res. 435: Mr. GARRETT of New Jersey. Mr. COURTNEY, Mr. KAGEN, Mr. BRALEY of follows: H. Res. 443: Mr. SCOTT of Virginia. Iowa, Ms. SHEA-PORTER, Mr. ACKERMAN, Ms. H. Res. 476: Mr. MORAN of Virginia. SUTTON, Mr. CARDOZA, Ms. CASTOR, Mr. MUR- H.R. 1852 H. Res. 489: Mr. MOORE of Kansas. PHY of Connecticut, Mr. ISRAEL, Ms. H. Res. 542: Mr. GARRETT of New Jersey, OFFERED BY: MR. HENSARLING DELAURO, and Mr. GONZALEZ. Mr. MCCAUL of Texas, Mr. BILIRAKIS, and Mr. AMENDMENT NO. 1: Page 64, strike lines 6 WESTMORELAND. H. Res. 603: Mr. BUTTERFIELD. through 13.

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Vol. 153 WASHINGTON, FRIDAY, SEPTEMBER 7, 2007 No. 132 Senate The Senate met at 8:55 a.m. and was Senator from the State of Ohio, to perform COLLEGE COST REDUCTION AND called to order by the Honorable the duties of the Chair. ACCESS ACT—CONFERENCE RE- SHERROD BROWN, a Senator from the ROBERT C. BYRD, PORT President pro tempore. State of Ohio. The ACTING PRESIDENT pro tem- Mr. BROWN thereupon assumed the pore. Under the previous order, the PRAYER chair as Acting President pro tempore. Senate will resume consideration of The Chaplain, Dr. Barry C. Black, of- f the conference report to accompany fered the following prayer: H.R. 2669, which the clerk will report. Let us pray. RECOGNITION OF THE MAJORITY The legislative clerk read as follows: LEADER Infinite and merciful God, we mag- Conference report to accompany H.R. 2669, nify and exalt Your Name, for You are The ACTING PRESIDENT pro tem- an act to provide for reconciliation pursuant great and worthy of our praise. Your pore. The majority leader is recog- to section 601 of the concurrent resolution on splendor, glory, and majesty inspire us. nized. the budget for fiscal year 2008. You bless us beyond imagination. f The ACTING PRESIDENT pro tem- Nothing is too challenging for You. pore. Under the previous order, there is Today, rule in the lives of our law- SCHEDULE 75 minutes of debate remaining on the makers. Empower them by Your power- Mr. REID. Mr. President, the good conference report, with the time equal- ful presence and instruct them by Your news is that we have accomplished a ly divided between the chairman and mighty words. Sustain their health as great deal this week. We have had a the ranking member. they seek to solve the problems of our number of late nights, but we have Who yields time? time. Rescue and protect them from completed what we needed to do, and Mr. ENZI. Mr. President, I suggest seen and unseen dangers. God, who is today we are going to complete a very the absence of a quorum. like You—majestic in holiness, awe- important piece of legislation that will The ACTING PRESIDENT pro tem- some in power, working wonders and certainly make it unnecessary that we pore. The clerk will call the roll. The legislative clerk proceeded to miracles before us each day? be in late today and certainly not to- call the roll. We glorify Your Name. Amen. morrow. Mr. KENNEDY. Mr. President, I ask f As I indicated to everyone, we are unanimous consent that the order for going to have some votes before noon the quorum call be rescinded. PLEDGE OF ALLEGIANCE on Monday. But today, everyone should The ACTING PRESIDENT pro tem- The Honorable SHERROD BROWN led understand that at 10:15 a.m., we will pore. Without objection, it is so or- the Pledge of Allegiance, as follows: have a vote. There will be no extending dered. I pledge allegiance to the Flag of the that time. Senator KENNEDY and Sen- Mr. KENNEDY. Mr. President, I ask United States of America, and to the Repub- ator ENZI have expressed the desire unanimous consent that the time lic for which it stands, one nation under God, that if people want to speak about this indivisible, with liberty and justice for all. under the quorum be equally divided. legislation—the vote will take 15 to 20 The ACTING PRESIDENT pro tem- f minutes—Members will have ample op- pore. Without objection, it is so or- portunity to speak as long as they dered. APPOINTMENT OF ACTING want to speak on this very important PRESIDENT PRO TEMPORE Mr. KENNEDY. Mr. President, as I measure. understand from the previous agree- The PRESIDING OFFICER. The I look forward to the debate being ment, we have approximately an hour, clerk will please read a communication completed, the vote being completed at probably an hour and 12 minutes, that to the Senate from the President pro 10:15 a.m., and I congratulate both will be equally divided prior to the tempore (Mr. BYRD). Democrats and Republicans for the time of a vote on what has been labeled The legislative clerk read the fol- work we have been able to accomplish the College Cost Reduction and Access lowing letter: this week. Act; am I correct? U.S. SENATE, f The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE, pore. The Senator is correct. Washington, DC, September 7, 2007. RESERVATION OF LEADER TIME To the Senate: Mr. KENNEDY. Mr. President, I yield Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- myself 5 minutes. of the Standing Rules of the Senate, I hereby pore. Under the previous order, the Mr. President, first of all, I want to appoint the Honorable SHERROD BROWN, a leadership time is reserved. express appreciation to my friend and

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

S11241

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VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.000 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11242 CONGRESSIONAL RECORD — SENATE September 7, 2007 colleague from Wyoming, Senator payers. It comes from the lenders. we have taken an issue of fundamental ENZI, and to thank all of the members They will be able to continue to pro- importance to families in this country of our committee for the work they vide opportunities for students through and we are saying: Help is on its way. have done on this legislation. This their lending agencies, and this $20 bil- That is effectively what this legisla- truly is a bipartisan piece of legisla- lion will provide direct assistance to tion will do. We will spend a good deal tion that is focused on improving op- the neediest children in this country. of the morning going over the details portunity and improving quality of life It will provide help and relief for fami- of it and how those general concepts I for millions of Americans in our edu- lies that have real debt in terms of in- have outlined this morning will be im- cation system. terest rates. plemented in the form of the legisla- We worked very closely together Most interestingly, Mr. President, is tion. when Senator ENZI was chair, and we the fact that it will encourage young Mr. President, I reserve the remain- have worked very closely together people in this country to involve them- der of my time. since I have had the opportunity to selves in public service and public life The ACTING PRESIDENT pro tem- chair the committee. And now we have through their communities. None of us pore. The senior Senator from Wyo- this legislation which is going to make can visit schools and colleges across ming. an enormous difference for so many. I the country and not be overwhelmingly Mr. ENZI. Mr. President, I yield my- will discuss it in detail after the vote impressed by the desire of young people self whatever time I take, and I do rise and explain it in greater detail in the to make a difference in helping to solve to speak in support of the conference record for both our colleagues and oth- the problems and the challenges we are report under consideration today. ers who are interested in this legisla- facing today. I thank the Senator from Massachu- tion and what we have accomplished. We can look as recently as this week setts and his staff for their participa- But at the outset, I think all of us on at the cover of Time magazine out- tion and the way they kept us informed this side of the aisle know that without lining this tremendous surge of young during the conference. I have to say strong cooperation and assistance from people wanting to participate in solv- ‘‘kept informed’’ because we were not Senator ENZI and both sides of the ing problems in their communities in a at the conference, except for the one aisle, we wouldn’t be where we are variety of different ways. kind of superficial meeting we had today with this legislation, and we We have understood that, Mr. Presi- where we got to make speeches, but would not have successfully passed the dent, and we are saying to those young they did a good job of keeping us in- reauthorization legislation in the Sen- people: Yes, we know the cost of edu- formed. This seems to be the way that ate that has a number of very impor- cation has gone up. Yes, we know we reconciliation happens. I know when tant items in it. I will describe those have not kept pace in providing assist- the Republicans were in the majority later on in the day as well. ance to you to keep up with the cost of that is the way it happened, so I am We are also very grateful to the education. Yes, we understand your not surprised that when the Democrats staffs of our committee, who have done parents have been working hard, and are in the majority that is the way it a really extraordinary job during this still the middle class has been holding happened. But it was very helpful to be period of time. on by its teeth in terms of battling the kept informed on what was happening. Mr. President, education is the en- problems of inflation and no wage in- There are quite a few things that the gine of hope and opportunity for people creases. Yes, it has been more chal- reconciliation bill does, but I have to of this country, and it has been recog- lenging for middle-class families to go mention that without the reauthoriza- nized as such from the earliest days of on to college. And, yes, if they go on to tion package it is very incomplete. We the Republic. In my State of Massachu- school they will end up with a great are urging the House to hurry and do setts, our State constitution, written deal of debt, which means they will not the reauthorization part so that we by John Adams in 1780, spells out in be able to go into the kinds of fields of truly have a higher education package. great detail the responsibilities of our service, service to the community, that Without that, there are a lot of things State, of our commonwealth, to try to they might like to. But that is going to that are left out, and I will go into that make a commitment to educational op- change, and change dramatically, with a little bit this morning in more detail portunities for the people of our State. this legislation. following the vote. And it has been replicated, that lan- There are many different provisions This isn’t the first time we have re- guage or something similar has been in the legislation, and we will come to duced the subsidies to lenders and pro- replicated in all of the State constitu- grips with those as the morning goes vided greater benefits to students. Two tions. on, but this is saying to the young peo- years ago, in the conference that I was Education is really the key. We have ple: If you finish up in school and col- referring to, we produced a report that seen the progress and the changes that lege and you have debt and you want to found billions in savings by further re- have taken place over the period of become a schoolteacher, you want to ducing subsidies to lenders and applied years, and we will have a chance to re- work in the criminal justice system, those savings to increased grants for view that history a little later in the you want to work with special needs low-income students, expanded loan morning. But I am mindful today that children, you want to work for a non- forgiveness, and reduced interest rates establishing a benchmark is important profit, you will never pay more than 15 on undergraduate subsidized loans. in recognizing that this assistance to percent of your income in repayment of We all agree if there is an excess sub- students and to families is the greatest your debt. And after a period of years, sidy in the student loan program, it assistance that will have been provided a 10-year period of time, your debt will should be eliminated. The key question for the American family since the GI be forgiven in full—completely. is how much excess there is and how to bill, the GI bill that was so successful This is an incentive for young people eliminate it. There are no clear-cut an- at the end of World War II. to be able to go into public service and swers to these questions. One approach It has been estimated that for every serve their community. I think it is included in this conference report is dollar that was invested in the GI bill, enormously important and responsive the reduction of the special allowance $7 was returned in taxes to the General to the time. I will have a chance later payments to the lenders. Treasury. Historians will point out to go through this legislation in great- I am pleased that we retained the that it helped establish the middle er detail, but this is a matter of enor- provisions that recognize the unique class, the middle class which has been mous importance. It is a matter of role that our not-for-profit lenders the strength of our Nation over the last enormous consequence. It reflects the have in providing information and 60 or 70 years. There is no question best judgment of those on this Edu- services to students and their families. about it. We built the middle class on cation Committee who have worked Not-for-profit lenders focus on commu- the pillars of education, on the pillars long and hard on this legislation. nities and they serve students locally. of educational opportunity. We are grateful for the fact the Presi- For this reason, we maintained the 15- In this legislation, we invest $20 bil- dent has indicated that he is going to basis-point differential cut in the spe- lion—$20 billion—and not a nickel of it support this legislation. At a time of cial allowance payments between for- comes as an additional burden on tax- great divisiveness on so many things, profit and not-for-profit lenders. The

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.002 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11243 cut in the special allowance payments be remiss if I didn’t point out that we ment spending. Yet despite his warnings, to for-profit lenders is 55 basis points, are debating a conference report on that is exactly what happened in the bill. and for not-for-profit lenders it is 40 reconciliation, and that is a process de- That bill represented one of the largest ex- basis points. pansions of higher education entitlement signed to reduce the Federal deficit, spending in history, with the creation of Now, we took a first step in this con- not to create new mandatory programs nine new entitlement programs. I understand ference report toward refining the way and increase entitlement spending. I the majority is considering paring back the those levels are determined by includ- am disappointed to say that the net new entitlement spending and creating fewer ing an auction pilot that lets the mar- savings for deficit reduction in this new programs. While this is a modest im- ketplace determine the appropriate conference report is only $750 million. provement, it still represents a diversion of level for the Parent PLUS Program, I wish to remind my colleagues that approximately $1 billion that could have, and which is about 10 percent of the loans. a few weeks ago, we considered rec- dare I say should have, gone to low-income This conference report provides addi- onciliation and higher education reau- students in the form of Pell Grants. tional need-based grant aid which is a The legislation that passed the House also thorization together. The Senate did it included a temporary phase-down of the in- critical component of increasing access right. We voted on reconciliation one terest rates on subsidized Stafford loans. The to and the affordability of college. Over day, and the next voting day we had, Senate-approved bill did not include such a 55 percent of the savings are dedicated we covered reauthorization. Both bills proposal, instead focusing its resources on to increasing the Pell grant award. In passed with strong bipartisan support the Pell Grant program. The conference re- the next 5 years, low-income under- because we not only achieved savings port includes some form of the House inter- graduate students will see the max- but we ensured the quality and effec- est rate proposal. This, despite the fact that imum Pell grant award increased by temporarily reducing interest rates on some tiveness of our Federal student aid pro- loans for some college graduates is a costly more than $1,000. Additionally, we in- grams. Therefore, my support for this crease the income protection allowance diversion from Pell Grants, and does nothing conference report is limited by the fact to assist students enrolled in school and so that students are not penalized for that we are not also considering the struggling with rising costs. Any proposal to working and saving for college, and we larger higher education reauthoriza- slowly phase-down the interest rate only to raise the income threshold for auto- tion package. have the rate immediately jump back up is matic eligibility for a maximum Pell We have used this chart before when nothing more than false promises to bor- grant. we were debating the reauthorization. rowers and taxpayers. I am also pleased we were able to re- First, under this proposal, it will be impos- This chart shows the pieces that are tain the guarantee rate on student sible for a borrower to save the highly-tout- left out when we do not do the reau- loans at 97 percent for all lenders ed $4,400. In order to save that amount, a thorization. I urge the House to finish through fiscal year 2012. In this way we borrower would have to take out loans all 4 up this part of the package so that it years at the reduced rate of 3.4%—an impos- avoid the disruption in the student can accompany the reconciliation sibility. Second, this proposal is also a false loan market and ensure that students package. It is not complete without promise to taxpayers and a budget gimmick. have access to Federal student loans. both. If Congress decides to maintain the 3.4% in- However, I wonder if we may be going I do have some comments by House terest rate, the taxpayer will be on the hook too far in cutting the support for the for a potential long-term cost of $32 billion. Ranking Member MCKEON, which is an largest Federal financial aid program, Finally, this proposal does nothing to help excerpt from the conference committee the Federal Family Education Loan students pay for their education when the when it was held. I ask unanimous con- Program. The challenge we face is that tuition bill is due. While I understand that sent to have it printed in the RECORD. this idea may test well in polls and may well we will not know until it is too late There being no objection, the mate- make for good politics, it’s bad policy. And whether cuts we have made have un- rial was ordered to be printed in the everyone here knows it. dermined the stability of the program RECORD, as follows: I understand the conference report is to in- and created hardships for the students clude cuts to the Federal Family Education it serves. HOUSE RANKING MEMBER MCKEON EXCERPT Loan Program (FFELP) similar in mag- Despite the emphasis on increased COMMENTS FROM THE ONE CONFERENCE COM- nitude to those proposed in both the House MITTEE HELD grant aid, the claim of increased sav- and Senate Democratic plans. These figures ings for borrowers has a hollow ring. Nearly 6 months ago, the Budget Com- are based largely on the President’s budget mittee offered a budget resolution that request for the upcoming fiscal year. How- Reducing student loan interest rates is called for a lone, $75 million budget rec- a good sound bite. It doesn’t do any- ever, I remain concerned that both cham- onciliation instruction to the Education and bers—following the lead of the President— thing to help students pay tuition bills. Labor Committee. Eventually that figure may be going too far in cutting support for Further, in reality, cutting the inter- climbed to $750 million in required savings the largest federal financial aid program. est rate in half, to 3.4 percent, will help over 5 years—a modest improvement, but The challenge is that we will not know if only a small group of borrowers for the still a mere fraction of the savings generally we have cut too deeply until it is too late, loans they take out for 1 year of their achieved through budget reconciliation. and the program and its students suffer. education, 4 years from now. Then the It was as clear 6 months ago as it is today Moreover, such deep program cuts could un- benefit disappears. That is going to be that the reason for that instruction was not dermine the stability of the FFELP and to reduce the federal deficit. It was to push a surprise to a lot of people, and it has upset the delicate balance between it and the through a series of changes to our Nation’s government-run Direct Loan program. While already happened once. We were chas- college financial aid system—changes that I do not dispute that reforms to the student tised when we were doing the last rec- may or may not have been able to garner the loan program are urgently needed, I am onciliation for a raise in the interest necessary votes outside the confines of a strongly opposed to any effort to give a leg- rates. That is because the interest rate budget bill. up to the bureaucratic Direct Loan program that had been lowered expired and Many of these changes are needed. Repub- in an effort to squeeze out the private sector. there was not the money to do the fur- licans took the lead on making the student There are elements of the expected con- ther cut. This may well happen again. loan program more efficient two years ago, ference agreement that I strongly support. I A quick calculation of the real ben- producing a full $12 billion in deficit reduc- am particularly pleased that those involved tion while increasing benefits to students. I efit borrowers will receive shows that in the negotiations recognized the impor- appreciate the efforts this year to build on tance of focusing on Pell Grants. I under- at a cost of $6 billion to taxpayers, in- that success by demanding additional pro- stand the agreement may provide up to $11 dividuals, will see a savings of only $6 gram efficiencies and redirecting those re- billion in increased support for this critical a month. That may be one latte; it sources into the Pell Grant program. A program. This level falls short of the ap- may be two lattes. It is kind of hard to straightforward reform effort focused solely proximately $15 billion proposed by the tell in today’s market in coffee. I am on these two goals would surely have gar- President in his budget, but it is a great im- astounded. I remember the days when nered broad bipartisan support. provement over the legislation approved by it was a nickel a cup. I would much While I believe the intentions of the bill’s the House in July. rather see the $6 billion go to help real sponsors are good, I have found the process There was a proposal to reduce subsidies in and the product to be disappointing. When the student loan program and redirect those low-income students through a Pell the FY 2008 budget resolution was being de- resources to help low-income students grant increase than just for a hollow bated, the Chairman of the Senate Budget through increased Pell Grants. Period. sound bite. Committee cautioned that the budget rec- I believe that if such an approach were em- Finally, as an accountant and mem- onciliation process was in danger of being braced here today, it would receive over- ber of the Budget Committee, I would abused as a ‘‘stalking horse’’ for new entitle- whelming bipartisan support in both the

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.003 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11244 CONGRESSIONAL RECORD — SENATE September 7, 2007 House and Senate, and would be welcomed by qualities that made it great—competi- postsecondary education, they need the President. This could be a missed oppor- tion, innovation, and access for all. Our better prepared teachers. It is the reau- tunity of epic proportions. challenge is to make higher education thorization bill that has the partner- Although I continue to harbor serious con- cerns about the proposals before us, I would more accessible, affordable, and ac- ship programs to support teacher prep- be remiss if I did not thank Chairmen MIL- countable. By considering only rec- aration so that all children have quali- LER and KENNEDY for their efforts, and ac- onciliation, we are not meeting this fied teachers to guide their learning knowledge their commitment to much-need- challenge head-on. We are leaving the experiences. Also, to be competitive in ed reform. I said earlier—and I truly believe job undone. the global economy we need to be able this to be true—that the intentions driving But we need the provisions in the re- to communicate with people all over this process are good and worthy. While I re- authorization bill—better college cost the world. It is the reauthorization bill main disappointed that key opportunities information to help parents and stu- may be missed, I recognize that legislation is that authorizes the programs that sup- rarely perfect and the best efforts of the dents make sound choices; year-round port foreign languages and inter- sponsors should be commended. Pell to reduce time-to-degree; and national education. Mr. ENZI. It puts the emphasis on FAFSA, which is the Free Application I began my remarks by stating that I some things that will be left out if we for Federal Student Aid. It is a docu- am in support of the conference report. do not do it and also some things that ment that has been rather intimidating It is clear that I am equally committed I mentioned. to students as they think about filling to seeing that we reauthorize the High- I want to add some more emphasis to out this form in order to qualify for fi- er Education Act. We need both pieces what is not before us today, and that is nancial aid. The form itself has kept to get it done right. the legislation that addresses the con- people from applying. We have reduced I thank Senator KENNEDY for his cerns about rooting out the bad actors that in the reauthorization bill to a commitment to moving the reauthor- in student lending. It doesn’t include one-page document. ization forward and including several protecting students and families who I reiterate, it is the reauthorization Republican priorities in this con- are borrowing money for college, and bill that contains all the reforms and ference report. While this report is not ensuring that students and parents re- accountability provisions to address perfect, taken as a whole and with its ceive sound, honest advice about their the problems that have come to light emphasis on providing additional need- student loans. Students and parents in the loan programs—the bad actors based grant aid to low-income stu- must have access to the information with conflicts of interest, the lack of dents, I believe we have reached a rea- they need to understand and manage useful, necessary information to enable sonable approach to helping students their debt. We must ensure that the in- borrowers to make informed decisions pay for college. vestment our students and families about loan provisions and repayment, I thank everyone who has been in- make in terms of time and money is a and the need for better controls over volved in the process. good one, that they are confident there access to the National Student Loan I yield the floor and reserve the re- will be financial aid to assist continued Data System so borrowers’ privacy is mainder of my time. access to a college education. protected. The PRESIDING OFFICER (Mr. KEN- Further, it is the reauthorization bill We know America’s ability to com- NEDY). The Senator from Ohio is yield- that contains the evaluation of the pete in a global economy depends on ed 5 minutes. auction pilot that will help determine increasing the number of students en- Mr. BROWN. Mr. President, I thank whether the auction model should be tering and completing college. But of Chairman KENNEDY, the Presiding Offi- used in the future to establish viable the 75 percent of high school seniors cer now, and Ranking Member ENZI, special allowance rates. That is the who continue their study, only 50 per- William Jawando on my staff—the way to test it. cent of them receive a degree in 5 years committee’s Ohio staff and all of the Higher education is the onramp to after enrolling in college and only 25 HELP Committee for their excellent success in the global economy, and it is percent of them receive a bachelor’s work on this legislation. This bill, of our responsibility to make sure every- degree or higher. These numbers are course, as we know, invests in higher one can access that opportunity and even worse for students from low-in- education. The returns on that invest- reach their goals. The choice of wheth- come families. It is important to en- ment will not only accrue to students er to pursue a postsecondary education sure that more students enroll in col- and to the education system that is no longer an option. We need to lege prepared to learn and that more serves them but will accrue to the sta- make sure individuals have all the students have the support they need to bility, prosperity, and security of our tools they need to understand and complete college with the knowledge Nation as a whole. shape their future. This conference re- and skills to be successful. Low-income We know the problem. We know what port provides some important tools but students who are striving to attend has happened in the last many years to not nearly enough to complete the job. college need to know there is financial higher education in this country. Par- We are only seeing a fraction of the aid available for them to access college ticularly in the last 5 or 6 years in my higher education picture by consid- or career and technical education. It is home State of Ohio, the cost of attend- ering the conference report separately the reauthorization bill that has all ance at 4-year public institutions has from the larger reauthorization pack- the support programs for first-genera- increased 53 percent. In 2001, if you age. What is before us today focuses tion and low-income students and the graduated from college versus going 4 only on a narrow slice of the Higher institutional support programs for mi- years in 2007, you are paying almost Education Act, one piece which is de- nority-serving institutions. half again, this year, in this 4-year pe- pendent on other foundational pro- For years, institutions of higher edu- riod, than the 4-year period half a dec- grams that are not part of the rec- cation and employers have expressed ade earlier. It has gone up almost 30 onciliation. You can see that on this their dissatisfaction about the fact percent in the last 5 or 6 years at 4- chart: Reconciliation takes care of a that our high school graduates need re- year private institutions. At the same little bit; reauthorization takes care of medial help in order to do college-level time, the median household income in the rest. work or to participate in the work- my State has increased only 3 percent. It takes important steps to increase force. Nearly one-third of entering col- So as college costs have gone up 30 per- assistance for students seeking a col- lege freshmen take at least one reme- cent if you go to private schools, 50 lege degree, but it is only a Band-Aid dial course. Each year, taxpayers pay percent if you go to a public 4-year uni- without the important bipartisan re- an estimate $1 billion to $2 billion to versity, the average income in Ohio has forms included in the reauthorization provide remedial education to students gone up only 3 percent. You can see the bill. We are cutting the bottom line at our public universities and commu- gap. without dealing with the quality and nity colleges. The Federal Government has not substance of these important pro- What will help this situation? Not been able to fill that gap. Pell grants grams. only do students need better guidance haven’t been raised for years until this The American success story of higher selecting courses in high school that legislation. The interest rates have education is at risk of losing the very will enable them to succeed in the continued to go up. Federal loans have

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.006 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11245 not kept pace, neither FFELP nor the that in the future as the private loan ing costs. Even after financial aid is Direct Loan Program, so the chasm has system has grown more and more and taken into account, nearly 40 percent grown in terms of the kind of money more. of median family income in New Jersey working-class kids and poor kids and I close by thanking the entire com- is needed to pay for 1 year of college at middle-class kids need to go to college. mittee, Senator KENNEDY, Senator 4-year public colleges. It is simply un- In the 2004–2005 school year, 66 per- ENZI, for taking up this extremely im- bearable for our students. The result is cent of students graduating from 4- portant legislation. All students should some of our Nation’s brightest students year institutions in my State of Ohio be able to afford college in this coun- are locked out of a college education graduated with student loan debt, and try. This bill is a step, a major step in simply because they cannot afford it. that debt was an average of $20,000. So that direction. I thank all the fellow I am pleased this legislation will re- two-thirds of Ohio students graduating Senators who have been so involved in verse that troubling trend for all our are burdened with an average of $20,000 this issue. students and families across the coun- in student loan debt. That makes a big The PRESIDING OFFICER. The Sen- try by adding billions into new grant difference in career choice. That means ator from New Jersey is recognized for aid. Next year alone, New Jersey stu- they sometimes cannot take the kind 5 minutes. dents will see more than $40 million in of job they trained for, that they most Mr. MENENDEZ. Mr. President, I new grant aid. Over the next 5 years, want, because it doesn’t pay the bills rise in support, strong support, of the students in my State will have access as well as another job might. higher education reconciliation con- to more than 400 million Federal grant A generation ago, it was very dif- ference report before us. The bill rep- dollars because of this bill. Grant dol- ferent. As Senator KENNEDY and I have resents a remarkable achievement this lars equal access for many of today’s talked, I told him my wife a generation body, and this Congress, should be college students. ago graduated from Kent State Univer- proud of. The billions of grant aid in The bill reduces subsidies to student sity, a working-class kid, the first one this bill will make a tremendous dif- lenders and gives it back to our stu- in her family to go to college. Her fa- ference for students across the Nation, dents. It is about time. For far too ther carried a union card at students who are struggling to stay long, students struggling to afford col- Electric Illuminating Company for 36 afloat because of the cost of college, lege have seen their grants shrink, years as a utility worker, but she was students who are saving every last their loan rates go up and their debt able to graduate from Kent State, get- penny in the hopes they can achieve explode after graduation. More than 60 ting a bachelor’s degree in journalism their dreams of college. percent of New Jersey students grad- with grants, loans, and very little debt The passage of this bill will make a uate with loan debt that averages when she graduated so she could pursue change in the tide in Congress. It $16,000. That is not a manageable the kind of opportunities she had cho- proves to students that when we say we amount of debt for a 21-year-old college sen to. will work to make college more afford- graduate. It is an unfair burden. Looking from 30 years ago to today able, we mean it. This bill shows them That is why I am proud of the bill, and the difficulties that the middle- that when we say we understand the because it will help lessen the burden class and working-class and poor kids obstacles they face to finance a college on our students. It will put money di- face going to college, that is why this education, we are not throwing words rectly where it is most needed, into Pell grants and other critical financial bill matters, the dramatic increase in around. assistance that benefits our Nation’s Pell grants, the lowering of interest This bill will confirm that when we students. From here on, millions of rates, the loan forgiveness which Sen- say student loans should work for stu- young people across the Nation will ator KENNEDY has talked about at dents, we mean it. This Democratically have the opportunity to see their length—what that means is assistance led Congress laid out strong principles for how we should improve access to a dream of a college degree come true. for teachers and nurses and all kinds of They will have access to the key that college education. With this piece of public servants to serve the commu- will unlock their own economic em- landmark legislation, we are putting nity. powerment, build a successful career, This seems to be a generation of those principles into action. This bill is and succeed in a global economy. idealism, and we will see those stu- no small feat. Not since the passage of Today we have an opportunity to move dents be able to pursue a career in pub- the GI bill has a piece of education leg- critical legislation forward to be signed lic service and be able to take those islation made this big of an investment into law, so the doors to college will be jobs, sometimes—often—at lower pay, in students’ aid. open for all students. In the global but be able to relieve themselves of the Now, this historic moment could not economy we live in today, we clearly huge burden of debt they face. That is have been possible without the leader- cannot afford as a nation to have our why this bill matters so much. ship of Senator KENNEDY, who has once students priced out of a college edu- This bill is a major step. We know we again stood up for the Nation’s stu- cation. have more work to do. dents by engineering and moving this As someone who grew up poor, the Senator ENZI has said several times bill forward. I also wish to thank Sen- son of immigrants, the first in my fam- that we have got to pass the other leg- ator ENZI as the Republican leader on ily to go to college, I know the power islation with the reauthorization. He is the committee who worked so quickly of the programs we are ready soon to right about that. We all agree with to finalize this important bill. vote on. I would never have attended that. That will help on some issues The bill could not come at a more St. Peters College, I would have never such as simplifying the loan form for critical time. Nationwide, the lowest gone to Rutgers Law School without those prospective students filling out income students at 4-year colleges face the power of key Federal grant pro- their applications for student loans and roughly $5,800 in unmet need after a grams such as Pell and Perkins, I cer- for grants. standard financial aid package, after tainly would not be standing with you We also know this growth in the cost their loans, and after the amount their today on the floor of the Senate had it of college, as I said earlier, the cost in families contribute. To put it simply, not been for Federal financial aid. State universities in Ohio has gone up for the neediest students all across the I wish to ensure that is a birthright 50 percent, wages have gone up for an country, current aid has not kept up. for all our students across the Nation, average family only 3 percent in this Students of my home State of New regardless of the happenstance of decade. The Federal Government has Jersey are no stranger to the sky- where they were born in life. not kept up. That means an awful lot rocketing cost of a college education. I urge my colleagues to support the more students have turned to the pri- In fact, within the past 5 school years, bill. vate loan system and have had to face the cost of attendance, including tui- I yield the floor. interest rates of 10, 12, 15, sometimes as tion, fees, room and board at 4-year The ACTING PRESIDENT pro tem- high as 18 percent. They graduate from public colleges in New Jersey has in- pore. Who yields time? college, private or public, with a huge, creased by almost 50 percent. Mr. ENZI. Mr. President, I yield 10 even larger burden because of those Unfortunately, family household in- minutes to the Senator from New high interest rates. We need to address comes have not kept up with these ris- Hampshire.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.010 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11246 CONGRESSIONAL RECORD — SENATE September 7, 2007 Mr. GREGG. Mr. President, the bill you have a right to obtain payment selves to eliminate all amendments, for before us today from a policy stand- from the Federal Government under all intents and purposes of any signifi- point does some things which are ex- the law. Medicare is an entitlement cance, and they have this 51-vote rule, tremely positive. It adjusts, I think ap- program. We have a lot of education and as a result of spending 2,900 times propriately, the cost of the amount of programs which are arguably entitle- more than they save, they essentially subsidy that is going into the system ment programs and a lot that are dis- make a mockery of the budget process. relative to higher education loans and cretionary programs. Not only do they make a mockery of takes savings from that subsidy, which But the problem is, when you have an the budget process on the issue of rec- was going to lenders, and moves it over entitlement program, you cannot ad- onciliation, they make a mockery of to assist people who need assistance, just it annually through the appropria- the budget process by the manner in especially under the Pell Grant Pro- tions process. The only way you can which they score the bill itself. This gram. adjust it is by changing the law which bill is set up so the Pell grants will in- So it is, from a policy standpoint, affects that program and creates sav- crease, which is what the goal of the moving in the right direction in many ings or more spending. So the Budget bill is, to $5,400 per person, but the ways. In addition, as the Senator from Act recognized this and also recognizes spending on the Pell grants will also Wyoming has pointed out, there needs it is extremely hard to do that in the increase rather dramatically over the to be tied to this a Higher Education context of the Senate because the Sen- next few years because we are taking a Reauthorization Act, which unfortu- ate has the filibuster, where you can subsidy which is now going to lenders nately is not in this bill and needs to basically tie anything up without 60 and putting it into Pell spending. be in this bill in order to complete the votes. It also requires 60 votes to pass But in the year 2013, under this bill, package. That is critical to this whole just about anything. we are going to go back to zero, essen- undertaking in making sure we signifi- So this very unique and very power- tially zero dollars being spent on Pell cantly improve our ability to support ful instrument was given to the budg- grants. That is what this bill calls for people who are going to college, mak- eting process called reconciliation, in 2013, zero dollars essentially will be ing sure the loans which these people where there is a limited amount of spent on Pell grants. get are properly disclosed and that the time to debate a bill, in this case 10 What a farce. I mean, really. In order money does not end up, as we increase hours as a result of a conference re- for them to take advantage of rec- the Pell grants, being taken away by port, no filibuster can apply, and it onciliation and the protection of rec- increasing tuitions which are tied to only takes 51 votes to pass the bill. onciliation, they had to put in place a our Pell grant increases. But this whole concept of giving this program which goes from almost $5 bil- So there are good things about this very strong power to the Budget Com- lion in the year 2012, down to zero in bill. There is also a big part of this bill mittee and to the committees of juris- 2013. Talk about truth in budgeting or that is missing, which is the Higher diction was to allow us to reduce the integrity in budgeting. How can any- Education Reauthorization Act, and rate of growth of entitlement spending body vote for this who believes we certainly the Senator from Wyoming in order to make the budget more man- should have an honest budget and made an eloquent statement on that. ageable. claim that they are being honest? What I wished to talk about, how- What has happened, however, has There is $9 billion of Pell grant, ever, was the fact that this bill comes been to reverse that, to actually do the which one could realistically argue to the floor in an inappropriate way, exact opposite using reconciliation, over the next 10 years is going to have using the wrong vehicle, and as a result with the representation that we are to be spent, which isn’t accounted for. deems serious harm to the budget proc- going to save, I believe it is $750 mil- It is sort of, well, it will appear from ess we have in the Congress. This bill lion, which is minuscule—remember the sky, I guess. One would think that comes under what is known as rec- that over the years we have been sav- would be enough; that basically the onciliation. Reconciliation is a very ing billions of dollars through rec- proposal makes a mockery of the rec- unique vehicle which we have in the onciliation—with the representation onciliation process in the budget, Senate, the purpose of which is to that we are going to save $750 million. makes a mockery of the baseline by avoid filibusters and allow legislation We have a chart which reflects this. going back to zero spending in 2013. to move, which is going to be used on These are savings which we have re- But then we get to pay-go; pay-go, the the spending side of the ledger, at ceived under reconciliation when we sacred cow of fiscal discipline from the least, to reduce entitlement spending. have used it in the past: $428 billion; other side of the aisle that we hear so It was created out of the 1974 Budget $433 billion; up until 2006, we did $39 much about. We are going to stand by Act. It has been used over the years for billion. pay-go in order to discipline Federal the purposes of reconciliation, of re- This year, this reconciliation bill, Government spending. We heard that ducing entitlement spending. In fact, saves less than $1 billion net. So it is incessantly in the last Congress from in 1990, it reduced entitlement spend- not a savings vehicle at all. In fact, the other side of the aisle. We heard it ing—it was used to reduce about $480 what it does is it uses that $93 billion incessantly from people running for of- billion in entitlement spending over a savings to mask an almost $21 billion fice from the other side of the aisle. 10-year period; in 1993, about $433 bil- spending event. But it has become Swiss cheese as bill lion; in 1995, about $337 billion; in 1997, It takes the reconciliation—as long after bill after bill has been brought to about $118 billion; and then in 2006, as you get a net savings, you are al- the floor which has waived pay-go about $36 billion. Why do we use this lowed to use reconciliation—and uses it when it came to spending. What a sur- mechanism? Well, every year we have to dramatically increase spending. In prise. The Democratic majority waives two different types of spending in the fact, the amount of new spending in pay-go when they want to spend Federal Government. We have discre- this reconciliation bill exceeds the money. tionary spending, which means it oc- amount of savings by 2,900 percent. In I ask unanimous consent for an addi- curs on an annual basis and is appro- other words, the spending in this bill is tional 3 minutes. priated, it goes through the Appropria- 29 times larger than the savings in this The ACTING PRESIDENT pro tem- tions Committee. That represents bill, which totally undermines and pore. Without objection, it is so or- about a third of the Federal Govern- makes a joke out of the budget process dered. ment spending. Then we have entitle- and reconciliation, and it is totally in- Mr. GREGG. Then they claim they ment spending, which is spending that appropriate to have done this, to use are using pay-go to discipline the Fed- occurs where the Federal Government, reconciliation in this manner. eral Government. It has happened time as a result of laws, has an obligation to It could be effectively argued the and time again. The most recent egre- pay money to somebody. proposals that have been brought for- gious event prior to this one was Agriculture programs are, for exam- ward under this bill would easily pass SCHIP, where they added $41 billion of ple, entitlement programs, where if this Congress with 60 votes, with or new spending waiving pay-go. This $6 you plant a certain amount of fields or without reconciliation. But by using billion down here that was a pay-go do not plant a certain amount of fields, reconciliation, they allowed them- violation has now grown to be about

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.012 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11247 $20 billion under this bill. So the little I just listened to a speech by the Sen- borrowed it from the National Defense hole in the Swiss cheese should be a ator from New Hampshire talking Education Act. What a deal. Pay it great big hole. about deficits and reconciliation bills. back over 10 years after you graduate, Anyone who comes to this floor and The bill we have before us today, the and at a 3-percent interest rate. It claims they are using pay-go to dis- most dramatic increase in student aid worked. I got my college degree and cipline the Federal budget at any time ever in the history of the United my law degree. I paid back my loans, for the rest of this Congress will have States, does not add to the deficit. We and the money was there for the next to have a sanity test given to them be- pay for it. What the Senator from New generation. cause they certainly can’t defend that Hampshire, whom I respect and like Now what has happened to the cost of on the basis of any facts. very much, fails to acknowledge is that college education? It has gone through The problem with this bill isn’t the when he was chairing the Budget Com- the roof. I just sat down with a couple policy. In fact, quite honestly, I would mittee, when these reconciliation bills kids from colleges in Chicago. I said to have probably used a more aggressive would come to the floor, they would a junior and a senior: How much debt policy. I would have been willing to add dramatically to the deficit every will you have when you graduate? The auction all these accounts to get to the year. In fact, we have totaled it up. junior said: I am at $35,000 right now. real number as to what the subsidy is. Over the last several years—2001, 2003, The senior said: I will be at $45,000 We might have saved a lot more money 2005—the Republican reconciliation when I graduate. and put more money into Pell. The bills added $1.7 trillion to the deficit. Those figures, unfortunately, are not problem is, this bill, in the manner in Now they come and rail against the unique. More and more students are which it is brought to the floor, basi- deficits. ending up with debt. cally puts a stake through the heart of This bill before us today is a bill that I say to Senator KENNEDY and to my the budget process. It takes reconcili- is paid for. It is paid for by taking sub- good friend and close colleague, ation, which is the most significant sidies away from student loan compa- GEORGE MILLER of California, they tool of the budget process, and makes a nies. Do you know what happened the have done a great favor for America joke out of it by using it to increase last round in reconciliation? They and for America’s families. What they spending 2,900 times more than it cre- ended up taking about $12 billion in have done with this bill is to expand ates savings. It takes the baseline and help away from students and giving it Pell grants, which are basic grants to makes a joke out of it by reducing Pell to the wealthiest people in America in kids whose families don’t have a lot of grants in 2013 to zero spending, when tax cuts. Talk about reverse Robin money, for the first time in 5 years. we know we are going to be spending Hood, not only adding to the deficit For 5 years these Pell grants have been $5.5 billion on Pell grants in 2013. It but taking money away from students, frozen. Now they are going up. Then takes pay-go, which is alleged to be a raising the cost of their loans, and then they have come up with unique ways to disciplining mechanism, waives it, and giving that money in tax cuts to the reduce the burden of student loans so then spends $21 billion that would have wealthiest people. That was the poli- that young people who sign on the dot- been subject to it. tics that was rejected in the last elec- ted line so they can go through another My point is obviously one of frustra- year of school, never thinking what tion, as former chairman of the Budget tion. My friends and colleagues are mak- this means 10 or 20 years from now, are Committee. I would like to see us have ing speeches believing that we don’t going to pay dramatically less in inter- a budget that means something. We have this written down somewhere est. didn’t pass a budget. The Democratic about what actually happened, but we GEORGE MILLER and I introduced a Party passed a budget; I congratulated do. I am afraid my colleague has for- bill that cut the interest rate on stu- them for that. I didn’t agree with it, gotten some of the most important dent loans from 6.8 percent to 3.4 per- but at least they passed it. But if they things that happened under his watch cent. It is included in this important are going to pass it, they ought to have bill we are going to pass today. Think a purpose for it, and they ought to live and their watch, which was to add, in three reconciliation bills, $1.7 trillion about that for a minute. If you think of by it. The purpose should not be to ex- it in terms of your home mortgage, pand spending, to make a joke of the to the deficit. Mr. GREGG. Will the Senator yield what if you could cut your interest baseline, and to basically put holes in for a question? rate in half, from 6.8 to 3.4. You are the pay-go mechanism which they Mr. DURBIN. I will when I have fin- going to pay off that loan sooner. You claim is the essence of their fiscal dis- ished. This may be the single most im- will pay less in interest. cipline. They have another provision in here From a public policy standpoint, the portant bill we pass. Most of us realize that is dramatic and ingenious. If a bill may have good policy in it, but if there is one thing in America that young person coming out of college from the standpoint of managing the gives you a chance to succeed, it is with student debt agrees to take a job fiscal house of this country, it is doing education. We can’t guarantee to our as a nurse or a teacher or a social fundamental harm to the budget proc- children that they will be successful or worker, things we need more young ess. wealthy or happy in life, but we can I yield the floor. give them a chance. The best chance people to dedicate their lives to, we are Mr. KENNEDY. Mr. President, how we can give them is to let them go to going to forgive their loans more much time remains? school and progress along and go to the quickly. We are going to limit the The ACTING PRESIDENT pro tem- best schools they can attend. amount of money they have to pay pore. The Senator from Massachusetts I happen to be standing here today back each year on the loan. Then in 10 has 17 minutes 49 seconds. because 50 years ago, somebody in the years, the student loan is erased, if Mr. KENNEDY. I yield 8 minutes to United States House of Representatives they will go into teaching. This is a the Senator from Illinois. decided that because the Russians had dramatic commitment we have made The ACTING PRESIDENT pro tem- launched Sputnik and frightened us to young people to go into jobs and pore. The assistant majority leader is with the prospect of losing the war in professions that are so important for recognized. space, we needed to give more young our future. Mr. DURBIN. I say to my friend from kids a chance to go to college. So col- We give a lot of speeches here about New Hampshire, who is leaving the lege, which had been kind of an elite how much we love this country and Chamber, I am sorry he is leaving. This opportunity for the wealthy and the how much we want to see it succeed. water is put on our desks by our loyal, sons and daughters of those who grad- The real test is whether we are pre- dutiful pages every day. Sometimes I uated from colleges in the past, was pared to invest in our children. This want to check this water because I now expanded and democratized. bill invests in our kids. This bill takes think perhaps imbibing it leads to po- In the 1960s, kids, such as myself, money that might otherwise have gone litical amnesia. The longer you drink from east St. Louis, IL, had a chance for tax cuts for the richest people in the water on the floor of the Senate, to go to great universities such as the America, which was the pattern that the more you tend to forget reality and one in town that I went to named was building around Congress, and in- forget what has happened. Georgetown. I didn’t have any money. I stead invests in working families and

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.013 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11248 CONGRESSIONAL RECORD — SENATE September 7, 2007 their kids. It says to a child: If you are did make these decisions. But at the lutely correct. The conference report good enough to get in a good univer- same time we reduced the funds to does indeed make that change in the sity, if you will work hard and succeed lenders and put a significant amount of law. And I can assure the senior Sen- and get a degree, even if you have debt, it into deficit reduction, $40 billion ator from Louisiana that we will fur- at the end of the day, we are going to into deficit reduction. ther clarify this language in the up- stand by you. We are going to give you The Senator from Illinois takes the coming conference report for the High- a chance to pay that debt off in a rea- position that when we cut taxes, we er Education Amendments of 2007—S. sonable way and to pick the career and were having the same impact on the 1642. life that you want. Don’t take the job budget as when they increased spend- Ms. LANDRIEU. I appreciate that that pays the most money because you ing. That is the difference between the clarification. I believe we should mod- can pay off your debt. Take the job parties. It is fundamental. We believe ify the language to be more clear on that your heart is attached to. when we leave people’s dollars in their this point. I believe it should read ‘‘(B) I remember running into a science pockets and they get to spend it them- is an orphan, in foster care, or a ward teacher in the suburbs of Chicago, a selves—because it is their money to of the court, or was an orphan, in fos- young woman fresh out of college. She begin with—that is not necessarily ag- ter care, or a ward of the court at any was so happy to be teaching math at gravating the Federal budget situation. time when the individual was 13 years this great high school. I said: Is this They believe when you take the money of age or older;’’. what you wanted to do? She said: No. I out of people’s pockets and expand the Mr. KENNEDY. I agree and I assure wanted to teach in an inner-city size of the Government—in this case, the senior Senator from Louisiana that school, but I couldn’t do it because 2,900 times more than you save in the we will make this change in the con- they don’t pay as much money. I have area of spending reduction—that is ference report for the Higher Education student loans, you know. They pay me good, because there is a philosophical Amendments of 2007, S. 1642. difference here. more out here in the suburbs, and I can DEFINITION OF NOT-FOR-PROFIT LENDER The philosophical difference, quite pay off my loans and buy a car. So I Mr. ALEXANDER. Mr. President, I simply, is the Democratic Party be- made that choice. I wish I didn’t have thank my colleagues, especially Sen- lieves it knows better how to spend ators KENNEDY and ENZI, as well as to, but I made that choice. people’s money than the people know Repeat that story a thousand times, their staff, in working together during how to spend their money. We believe see that teachers who could have gone discussions on the College Cost Reduc- the people know how to better spend into areas where they are desperately tion and Access Act to recognize the their money better than the Federal work of nonprofit loan providers and needed now have a chance to succeed. Government does. That is the dif- I tell my colleagues, as I look back the services they provide to students ference. on the things that made a difference in Mr. DURBIN. Mr. President, will the and States. my life, laws that were passed that Senator yield for a question? I would like to clarify with my col- really changed my life, when this Con- Mr. GREGG. Well, Mr. President, leagues the committee’s intent regard- gress made a commitment to loans to first I would like to complete my ing one of the provisions that relates kids from families such as my own, at thought on this point because I think to these nonprofit loan providers. It is that point in time they gave me a it is critical. The budget reconciliation my understanding that nonprofit enti- chance. I stand in this Senate today be- process was not set up to be a stalking- ties that use eligible lender trustees to cause of it. Senator KENNEDY, Senator horse for dramatic expansion in the provide Federal loans to students— ENZI, Congressman MILLER, and others size of Federal Government entitle- such as the one in my State, EdSouth— are going to provide those opportuni- ment programs. That was not the pur- will benefit from the special allowance ties for thousands of young American pose of the reconciliation structure. It payment for not-for-profit holders in kids. was set up for the purposes of being this bill. The language in this bill al- I yield the floor. able to control the rate of growth of lows an eligible lender trustee acting The ACTING PRESIDENT pro tem- entitlement programs. on behalf of a nonprofit entity to be el- pore. The time of the Senator has ex- Now, we can debate whether the igible to receive this payment on be- pired. Who yields time? budget process was set up for the pur- half of the nonprofit entity, as long as Mr. ENZI. I yield an additional 3 poses of allowing us to return more tax such nonprofit entity was acting as the minutes to the Senator from New dollars to taxpayers with reasonable beneficial owner of Federal student Hampshire. tax rates, but certainly on the issue of loans on the date of enactment. I ask The ACTING PRESIDENT pro tem- spending, there is no question but that Senator KENNEDY and Senator ENZI pore. The Senator from New Hamp- reconciliation was not intended to ex- whether my understanding of the pro- shire. pand entitlement spending. vision is, in fact, what was intended by Mr. GREGG. I appreciate the Senator INDEPENDENT STUDENTS the bill. from Wyoming yielding to me. I know Ms. LANDRIEU. Mr. Chairman, I Our staff has all worked carefully on the Senator from Illinois would have would like to ask my friend, the senior the language to ensure that the legiti- yielded for a question, but his state- Senator from Massachusetts, for clari- mate efforts of nonprofits can con- ment carried him away. Please note, I fication of language in the conference tinue, without opening up loopholes have no water on my desk—not by report. On page 60, the report refers to that would allow for-profit entities to choice but I suspect that they don’t the definition of an independent stu- benefit from the special allowance pay- trust me with it. I was glad to learn dent for purposes of determining finan- ment differential. that it is the water that has caused the cial aid eligibility. The current law I thank my friends for their time dysfunctionality of the Senate. I had was amended to allow students who are today and again appreciate their ef- been beginning to think maybe it was orphans, in foster care or wards of the forts. the Democratic leadership, since the court or who were orphans, in foster Mr. KENNEDY. Mr. President, I change of hands. But getting this clari- care or wards of the court any time thank my friend from Tennessee. As I fied is very important. after the age of 13 to be considered have stated previously, this bill re- I do want to make this simple point: independent students. I would like to flects the priority of several of our Pell grants were expanded through ask the Senator to clarify that individ- Members by recognizing that nonprofit SMART grants when we did the last uals who were orphans, in foster care lenders in their States make important reconciliation, when I was chairman of or wards of the court when they were 13 contributions in their States. My col- the Budget Committee. We put $8 bil- years of age or older but no longer or- league is correct, it is the intent of this lion in the SMART grants, which phans in foster care or wards of the legislation to allow nonprofit entities helped kids, especially freshman and court when applying for college will that provide Federal student loans sophomores. We eliminated the origi- still be considered independent stu- through an eligible lender trustee to nation fees, and we also increased the dents. benefit from the differential special al- auto zero to $20,000, and we increased Mr. KENNEDY. Mr. Chairman, the lowance payment, as long as the non- the asset protection allocation. So we senior Senator from Louisiana is abso- profit pays no more than reasonable

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.014 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11249 and customary fees to the trustee that student borrowers and today we have low-income students, and will signifi- holds the loans in trust for the benefit delivered on that promise. cantly help middle-class students and of the nonprofit entity and as long as Under the management of Chairmen families pay down and manage their the nonprofit was the sole owner of the KENNEDY and MILLER, the House and loan debt. beneficial interest in the loans on the Senate have reached an agreement that Under this bill, the maximum Pell date of enactment. I commit to con- provides $20.2 billion in student aid, grant for eligible students will be in- tinue to work with my friend in the fu- nearly $3 billion more than the original creased by $500 next year and to $5,400 ture to make any necessary clarifica- Senate Reconciliation package passed by 2012. This means that Rhode Island tions with respect to this provision. in July of this year. I am very pleased students will receive $7.8 million in ad- Mr. ENZI. I, too, thank Senator AL- the College Cost Reduction and Access ditional grant aid next year and nearly EXANDER for his commitment to stu- Act tackles an issue addressed in legis- $85 million over the next 5 years, in- dents in his State and across the coun- lation I sponsored The Student Bor- creasing the average Pell grant in try, and to the public purpose mission rower’s Bill of Rights by providing pro- Rhode Island by $360 in 2008 to $2,880. of nonprofits, such as EdSouth and, in tections for student borrowers while H.R. 2669 also includes provisions to my home State of Wyoming, the Wyo- they repay their loans. It does so by stem the increasing numbers of middle- ming Student Loan Corporation. I ap- capping monthly loan payments at 15 class families falling further into debt preciate him taking the time to clarify percent of the borrower’s discretionary to finance a college education. As such, this issue. I, too, agree with my col- income and providing several impor- this bill phases in a lower interest rate league regarding his explanation of the tant protections to members of the on new subsidized Stafford loans to un- dergraduate students, reducing the intent of the bill with regard to non- Armed Forces and public service em- rate in half over 4 years on such loans profit entities that provide Federal ployees during repayment. Under this from 6.8 percent to 3.4 percent; helps student loans through eligible lender provision, for example, a starting students manage their debt by capping trustees. And I join Chairman KENNEDY teacher in New York with the state av- monthly Federal student loan pay- in his commitment to make any fur- erage student loan debt can have his or ments at 15 percent of a borrower’s dis- ther clarifications necessary to ensure her monthly payments reduced by 21 cretionary income; and provides loan that existing nonprofit loan providers percent. This savings will prove crit- forgiveness for borrowers who continue that use eligible lender trustees will be ical to helping students manage their in public service careers for 10 years, able to benefit from the differential debt, especially in the first few years including nurses, teachers, and librar- special allowance payment. after they graduate. ians. (At the request of Mr. REID, the fol- I hear from many young people in I am especially pleased that this leg- lowing statement was ordered to be New York and around the country, who islation includes provisions from my printed in the RECORD.) want to be teachers, police officers, FAFSA Act—S. 939—to increase the in- ∑ Mrs. CLINTON. Mr. President, I nurses, social workers and public de- come level at which a student is auto- would like to thank Majority Leader fenders, but sadly are so straddled with matically eligible for the maximum REID, HELP Committee Chairman KEN- debt, such careers are not an option for Pell grant, ensuring that all students NEDY and ranking member ENZI for them. This is the wrong policy; and from families with incomes of $30,000 or their leadership in increasing college today, we send the message that we less receive the maximum Pell grant. access for millions of students and en- want to encourage more young people This automatic-eligibility level would suring America stays competitive in to go into lower paying public service also be tied to the Consumer Price the global economy. I am proud to join jobs. I am pleased this bill creates a Index to ensure that the benefit keeps them in this effort. new loan forgiveness plan through the pace with inflation and does not be- This legislation comes at a time direct loan program for public service come diluted. when the rising cost of college is mak- employees. Under the loan forgiveness The College Cost Reduction and Ac- ing it tougher for all students who program the remaining loan balance on cess Act of 2007 also includes provisions want to go to college to attend. Those a loan is forgiven for a borrower who I authored to double the income pro- who do attend college are borrowing has been employed in a public sector tection allowance for dependent stu- twice what they would have borrowed job and making payments on such loan dents from $3,000 to $6,000 over 4 years 10 years ago. That is why I am pleased for 10 years. Under the loan forgiveness and increase the income protection al- this legislation will increase Pell for public service employees provision, lowance for independent students, in- grants up to $5,400 in the next 5 years, a public school teacher in my State cluding adult learners and veterans, by providing hundreds of millions in in- with $19,000 in student loan debt will 50 percent over 4 years. These increases creased grant aid to New York students not only have his loan repayment will protect students who have to work over the next 5 years. It is no secret to capped at 15 percent, but could save during college so they can earn more anyone that the purchasing power of nearly $8,000 on his loan after teaching without having it count against their the Pell grant has declined dramati- for 10 years. I strongly believe this pro- financial aid. cally in recent years. This package not gram will help to fill the void in public This is significant legislation for only provides a dramatic increase in service our nation will soon face as our families in Rhode Island and across the the Pell grant, but also raises the auto- baby boomer generation sets to retire Nation, and I strongly urge its passage. matic-zero expected family contribu- by providing an incentive for college I want to thank Senators KENNEDY and tion threshold to $30,000, making more graduates to pursue lower paying, but ENZI, and their staffs, for their work on students from needy families eligible vital professions. this bill. I also look forward to building to receive the maximum grant award. The College Cost Reduction and Ac- on this legislation by working with my This conference report cuts the inter- cess Act helps make higher education colleagues in the House to craft a final est rate for certain student loans in more affordable, and that is good eco- Higher Education Act reauthorization half from 6.8 percent to 3.4 percent, nomic policy, good social policy, and bill in the coming weeks that would, saving our student borrowers hundreds good budgetary policy. I am proud Con- among other key components, include each year on their student loans. gress has chosen to make this provisions I authored in the Senate The mathematics of rising college groundbreaking investment in our stu- version of the reauthorization bill to costs are simple. More students are dents.∑ improve the Leveraging Educational taking on more debt. I am pleased to Mr. REED. Mr. President, I rise Assistance Partnership or LEAP pro- join my colleagues in taking these crit- today in strong support of H.R. 2669, gram; simplify the financial aid proc- ical steps to increase college afford- the College Cost Reduction and Access ess and forms; and strengthen college ability and access for all students. I am Act of 2007. teacher preparation programs. These thrilled to support a conference report This important legislation, which I two bills combined will tackle the twin that will help low- and middle-income helped craft as a member of the Senate goals of access and affordability for students meet the cost of college. Last Education Committee and as a con- students and families and help ensure November, Democrats made a promise feree, will make a substantial Federal that our Nation remains competitive in to reduce the cost of college for our investment in need-based grant aid for today’s global economy.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.002 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11250 CONGRESSIONAL RECORD — SENATE September 7, 2007 Mr. CARDIN. Mr. President, I rise eral aid to students was in the form of cent to 3.4 percent for undergraduate today in strong support of the con- grants, and only 20 percent was in the students with subsidized student loans; ference report to accompany the Col- form of loans. By the 2005–2006 school protecting borrowers by capping lege Cost Reduction and Access Act year, this distribution pattern had monthly Federal loan payments at 15 now before the Senate. The conference been reversed, to 73 percent of aid tak- percent of discretionary income; pro- report and the underlying bill make ex- ing the form of loans and 20 percent tecting working students and ensuring traordinary progress on one of the coming in grants. they are not penalized by increasing most critical challenges before this Just 15 years ago, fewer than half of the amount of student income that is Congress: making college affordable for all students took out loans to finance sheltered from the financial aid proc- all our Nation’s deserving students. their education. That number must ess; and encouraging public service by We all know that education plays a seem incredible to today’s students and providing Federal loan forgiveness for crucial role in helping people pursue parents struggling to finance a college public service employees. the American dream. That term was education because today more than The College Cost Reduction and Ac- first used by James Truslow Adams in two-thirds of students borrow for col- cess Act would increase access to and his book ‘‘The Epic of America,’’ which lege. In Maryland, 53 percent of stu- preparation for college by both restor- he wrote in 1931 during the Great De- dents graduating from 4-year institu- ing funding for Upward Bound, a key pression. He wrote: tions in 2005 graduated with debt. The college access program, and creating The American Dream is that dream of a average student graduating from a 4- college access challenge grants to in- land in which life should be better and richer year college in Maryland that year crease college outreach activities in and fuller for everyone, with opportunity for owed $14,822 in student loan debt. every State. each according to ability or achievement. The growing barriers to higher edu- The legislation strengthens minority . . . It is not a dream of motor cars and high cation also have a profound effect on serving institutions with an additional wages merely, but a dream of social order in our national economy. We do not have $500 million investment. Despite tre- which each man and each woman shall be able to attain to the fullest stature of which enough highly skilled workers in this mendous challenges and limited re- they are innately capable, and be recognized country. We recruit overseas to find sources, minority serving institutions by others for what they are, regardless of the engineers, computer programmers, and are responsible for educating many of fortuitous circumstances of birth or posi- scientists. Nor can we fill essential so- our Nation’s minority students who tion. cial service positions. More and more would not otherwise obtain a degree. Congress passed the Higher Edu- students avoid critically important ca- Increasing Federal investment will cation Act in 1965 to help all Ameri- reer paths such as teaching, nursing, allow these institutions to provide a cans ‘‘attain to the fullest stature of social work, and law enforcement. better education to more students. which they are innately capable.’’ Mil- These are some of the most important But it is not enough to offer more lions of students have gained access to professions in our country but lower aid. Recent investigations have shown higher education due to the financial starting salaries are a distressingly that private lenders have been exploit- assistance programs, including Pell powerful disincentive: nationally, near- ing the student loan system, to the grants, this historic legislation cre- ly a quarter of public 4-year college detriment of the students the system is ated. graduates and over a third of private 4- meant to serve. The College Cost Re- The problem now is that tuition year college graduates have too much duction and Access Act will ensure costs are rising rapidly, wages are stag- debt to afford a starting teacher’s sal- that the student loan system works for nant, and Congress hasn’t kept up in ary. Over half of those graduating from students and saves taxpayer dollars by terms of providing the funding nec- private colleges have too much debt to directing unnecessary lender subsidies essary to bridge the gap. In my home enter the social work profession. Debt to student aid and injecting competi- State of Maryland, for example, in the levels are also causing graduates to tion into the loan program. 5 years between the 2000–2001 and 2005– delay buying a home or a car and post- In addition, this legislation will help 2006 school years, the cost of attending pone marriage and having children. ensure that more students are prepared 4-year public colleges increased 36 per- Such decisions have important rami- for college by helping to provide good cent, from $10,846 to $14,793. But the fications not just for the individuals teachers to the schools where they are median household income in Maryland involved, but for society as a whole. needed most. According to research, increased just 11 percent. Even after fi- As a member of the Budget Com- teacher quality is the schooling factor nancial aid is taken into account, 32 mittee, I worked hard with my col- with the most profound effect on stu- percent of the median family income in leagues to make more money available dent achievement. Good teachers can Maryland is needed to pay for just 1 for grant aid. We allocated $9.2 billion make up to a full year’s difference in year at a 4-year public college. for education and training over and learning growth for students and over- The effects of this disparity between above the President’s budget request to whelm the impact of any other edu- college costs and family income are be invested, in part, in Pell grants. We cational investment, including smaller devastating. Each year, more than believe such an investment will make class sizes. Unfortunately, our edu- 400,000 talented, qualified, hopeful stu- college more affordable so that all eli- cational system pairs the children dents cannot attend a 4-year college gible students can gain the knowledge, most behind with teachers who, on av- because, they cannot afford it. When I skills, and experience they need to suc- erage, have less experience, less edu- was a young man, such a person might ceed, and to ensure that employers cation, and less skill than those who have had other viable options for mak- have the workforce they need to com- teach other children. We will only ing a decent wage and pursuing a ful- pete in a fiercely competitive, global close student achievement gaps when filling career. But today, 60 percent of marketplace. we improve teacher quality and experi- new jobs require some postsecondary The important legislation before us ence. We must make obtaining ad- education, compared to just 15 percent today takes essential steps to reverse vanced training and experience in of new jobs when I was a student. our current course. The College Cost teaching more accessible and teaching Those students who do go on to col- Reduction and Access Act will make at-risk students more desirable. I have lege are becoming more and more de- college more affordable by: Increasing introduced a bill, S. 1282, which Sen- pendent on private loans which carry access for low-income students by in- ators SNOWE and DURBIN have cospon- high interest rates to finance their creasing the maximum Pell grant from sored, to encourage the establishment education. In 1986–1987, the maximum $4,310 to $4,910 next year and to $5,400 of a class of ‘‘Master Teachers’’ with Pell grant covered 39 percent of the av- by 2012, and simplifying the financial extensive experience and training. If erage public 4-year college tuition in aid process for low-income students by they are willing to teach for an ex- Maryland; in 2005–2006 it covered only increasing the income level at which a tended period of time in a school that 27 percent. This decline is due, in part, student is automatically eligible for is not meeting adequate yearly to a shift of a great portion of Federal the maximum Pell grant; easing the progress goals, then they would be re- spending on student aid from grants to burden on borrowers by cutting student warded under my bill with a 25-percent loans: 30 years ago, 77 percent of Fed- loan interest rates in half, from 6.8 per- Federal tax exemption on their salary.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.018 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11251 While my Master Teachers bill has not come that is sheltered from the finan- private banks and lenders. This is a been incorporated into the legislation cial aid process; expands eligibility for significant victory for students around before us, I hope the Senate will pass it financial aid so more students will the country and in my State of Wis- soon. qualify for more assistance; eases the consin, which is estimated to receive The College Cost Reduction and Ac- burden of student debt by cutting stu- over $260 million in new need-based cess Act also creates incentives for dent loan interest rates in half to 3.4 grant aid in the next 5 years and over good teachers to teach in high-need percent for undergraduate students $115 million in additional loan assist- schools by establishing new TEACH with subsidized student loans; caps ance over in the next 5 years. Wis- grants. These grants will provide schol- monthly loan payments at 15 percent consin has a world-class higher edu- arships of $4,000 per year for high- of discretionary income so that grad- cation system and I am pleased to sup- achieving undergraduate and graduate uates with significant loan debt can port this much-needed legislation that students who commit to teaching a better manage their payments, particu- will help open the doors to college for high-need subject in a high-need larly those in lower paying jobs or more students in my State. school. those supporting children; and forgives Access to a higher education is in- This legislation contains the biggest the student debt for those who commit creasingly important in the competi- increase in Federal student aid since to public service for a period of 10 tive, global environment of the 21st the original G.I. bill. This is how our years. century and is one of the most impor- country should be investing its money: This student aid package could mean tant investments our Federal Govern- helping to open the door to our chil- as much as $200 million over the next 5 ment can make to advance our coun- dren’s dreams, not just for their ben- years in financial aid to help New try’s economic growth. But while the efit, but for the benefit of our commu- Mexico’s students and families beat importance of attending college con- tinues to increase, the cost of attend- nities, our economy, our Nation, and back the rising costs of college. all of humanity. I am proud that this In addition, I am pleased that the ing college also continues to increase, which often causes financial strain on Congress realizes that increasing ac- conference report will restore critical students and their families as they cess to postsecondary education serves funding for Upward Bound, a key col- seek to finance the cost of higher edu- both as a gateway to the American lege access program. Further, the legislation will provide cation. dream for our Nation’s students and a I am concerned about the continued scholarships of $4,000/year for high- pathway to our economic success and educational attainment gap between achieving undergraduate and graduate security as a Nation. rich and poor students and the fact students who commit to teaching a Mr. BINGAMAN. Mr. President, I rise that access to higher education too today to express my support for the high-need subject, such as math, often depends on access to financial re- conference report to H.R. 2669, the Col- science, special education, foreign lan- sources. The ability of a student to at- lege Cost Reduction and Access Act of guages, or bilingual education, in a tain a higher education should not de- 2007. As you know, the cost of college high-need school. pend on that student’s financial back- Moreover, the conference report pro- has tripled in the last 20 years. ground, but rather on a student’s desire In my State of New Mexico, the cost vides critical support to minority serv- to obtain a higher education. Expand- of attendance at 4-year public colleges ing institutions. Despite tremendous ing need-based grant aid is one of the has increased by 35 percent since 2000– growth in racial and ethnic minority best ways that the Federal Govern- 2001. Unfortunately, the median house- enrollment at the nation’s colleges and ment can expand access to higher edu- hold income in New Mexico only in- universities in recent years, Hispanics, cation for low income students and I creased by 11 percent in that same time African Americans, and Native Ameri- am pleased the conference report we frame, considerably lower than the cans continue to lag behind their non- will adopt today does just that. rate of increase at public colleges. minority peers in college enrollment. This conference report contains a sig- Each year, there are hundreds of The College Cost Reduction and Access nificant boost in funding for the Pell thousands of students who are prepared Act will invest an additional $500 mil- grant program, ensuring that the max- to attend a 4-year college, but do not lion in these institutions, including: imum Pell grant award will reach do so because of financial barriers. Fur- $200 million in funding for Hispanic $5,400 by 2012. I have long supported ther, an increasing number of students serving institutions—HSIs—to increase and led efforts in Congress to increase have to rely on loans to finance their the number of students attaining de- funding for the Pell grant program, a education. In fact, in New Mexico, grees in science, technology, engineer- program dedicated to expanding access more than half of all students grad- ing, or math, and to facilitate transfers to college for low income students. I uating from 4-year institutions grad- for students from 2-year HSIs to 4-year was pleased to join with my colleagues uate with debt. And the average stu- HSIs; and $60 million in funding to in February to pass a significant in- dent in New Mexico now graduates strengthen tribal colleges and univer- crease in the maximum Pell Grant from 4 years of college with more than sities. award to $4,310 from $4,050, the first in- $16,000 in debt. I am particularly pleased that the crease in 4 years. Earlier this year, I The conference report to H.R. 2669, conference report contains language I also joined with my colleagues Sen- the College Cost Reduction and Access authored that would create and fund a ators KENNEDY, COLLINS, and COLEMAN Act of 2007, is critical to addressing the program for Native American serving to lead letters to both the Budget and skyrocketing costs of college, and institutions. The legislation will pro- Appropriations Committees that advo- making college more accessible to stu- vide $10 million to fund and help create cated for the highest possible increase dents across the country. a program for Native American serving in funding for Pell grants. This sub- This legislation will actually in- institutions, those nontribal colleges stantial increase in the Pell program crease student aid by more than $20 bil- and universities that serve large Na- will benefit millions of students during lion over the next 5 years, without in- tive American student populations. their higher education careers. creasing the national debt. It is paid This conference report is critical to My colleagues and I have long fought for by cutting excessive Federal sub- helping American families meet the in- against the declining purchasing power sidies to lenders participating in the creasing burden of sending their chil- of the Pell grant by supporting sub- student loan program. dren to college, and also meets some stantial increases in the maximum This legislation will increase the very important national priorities. I grant award. According to data from maximum Pell grant by $500 next year urge my colleagues to support this con- the Department of Education, the max- and to $5,400 by 2012. In addition, the ference report. imum Pell grant covered half the cost bill: simplifies the financial aid process Mr. FEINGOLD. Mr. President, I am of tuition, fees, room and board at pub- for low-income students by increasing pleased to support the College Cost Re- lic, 4-year colleges 20 years ago, but the income level at which a student is duction and Access Act of 2007, a bipar- only covered a third of these same automatically eligible for the max- tisan piece of legislation that will in- costs during the 2005–2006 period. The imum Pell; protects working students, crease student aid by billions of dollars declining power of the Pell has im- increasing the amount of student in- through cutting Federal subsidies to pacted my State of Wisconsin as well.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.018 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11252 CONGRESSIONAL RECORD — SENATE September 7, 2007 In 1986–1987, the $2,100 maximum Pell ation to consider this particular bill When I was growing up, my family grant covered 58 percent of college than there were for the reconciliation didn’t have a lot. The only way I was costs for Wisconsin students. In 2005– protection proposed for past legislation able to attend college was through Pell 2006, the $4,050 maximum Pell grant to open up the Alaska National Wild- grants and student loans. In fact, be- only covered 38 percent of college costs life Refuge to drilling, I am still trou- cause of Pell grants and student loans, in Wisconsin. bled by the use of this extraordinary all seven kids in my family were able I have been a proud supporter of the procedure as a way to advance a sig- to get a college education. Pell grant program for many years and nificant policy change that is not pri- Today those seven kids are a school I will continue to strongly advocate for marily a deficit reduction package. teacher, a lawyer, a firefighter, a increases in Pell funding in the annual Thanks to the efforts of our Budget homemaker, a computer programmer, appropriations process to provide the Committee Chairman, Senator CONRAD, a sports writer, and a U.S. Senator. In highest, fiscally responsible increase in the days when the reconciliation proc- my book that was a great investment. the Pell program in the coming years. ess could be totally subverted to ad- This bill helps a new generation at- While this legislation is an important vance legislation that actually wors- tend college and realize their dreams in first step, we have more to do to help ened the deficit are over. I also com- a variety of ways. ensure the Pell program can ade- mend Chairman CONRAD for insisting First, this bill raises the maximum quately cover the costs of college at- during the conference discussions on Pell grant by 25 percent over 4 years to tendance for low income students. the budget resolution that this par- $5,400 per student. That will make a In addition to the declining pur- ticular reconciliation instruction move real difference for students in my home chasing power of need-based aid like closer to a more reasonable qualifying State of Washington. Pell, the availability of such need- threshold of deficit reduction than was In Washington state, 20 years ago, based grant aid does not come close to initially proposed. I hope that in future the maximum Pell grant covered 53 meeting the demand for it. As a result, budget resolutions, we can further percent of the costs at a public, 4-year an increasing number of students turn tighten the use of reconciliation to en- college. Today it only covers 33 percent to Federal and private loans to finance sure that it is used for what it was in- of those costs. By raising the max- their education. According to the Col- tended, namely to advance significant imum Pell grant, this bill will help stu- lege Board, in the late 1970s, over deficit reduction. dents in Washington State and across three-fourths of the Federal aid to stu- Passage of the College Cost Reduc- the country attend college. dents were grants, while 20 percent of tion and Access Act of 2007 represents a For Washington State, this bill will Federal student aid were loans. Recent great victory for students in my State make another $30 million available in data from the College Board indicates of Wisconsin and around the country. I need-based grants next year alone. that the breakdown between grant aid believe everyone deserves fair and Over 5 years, the bill will provide an and loans had switched by 2006, with equal access to a higher education and additional $333 million for low-income grant aid only making up twenty per- adoption of this bill moves us closer to- students. cent of the Federal student aid. ward that vision. I look forward to This bill will also ensure that college Students in my State of Wisconsin, working with my colleagues in the graduates are not trapped by high loan like students in other parts of the coming months and years to continue payments after college. This bill cuts country, are greatly affected by the to expand the Pell grant program and the interest rate on Federal loans in Federal Government’s increased reli- other need-based programs so that half to 3.4 percent for students with ance on student loans at the expense of hard-working students will be able to subsidized loans. grant aid. The Project on Student Debt take advantage of the full opportuni- It also guarantees that borrowers reports that more than 60 percent of ties that access to a higher education will not have to pay more than 15 per- Wisconsin graduates in 2005 graduated offers. cent of their monthly income in stu- with debt and the average student who Mrs. MURRAY. Mr. President, the dent loan payments. This will bring graduated from a 4-year college in my bill that we are debating today comes immediate relief to students who are State in 2005 owed over $17,000. This at a critical time for our country. burdened with excessive loans. legislation seeks to help alleviate the As the connected world has brought Another problem with high student debt burden that some students face about new competition from nations loan debt is that it limits the career upon graduation by cutting the student across the globe, the need for more choices of college graduates. loan interest rates in half by 2011 for Americans to be armed with a college Many can’t afford to take a job in undergraduate students who have sub- education has become essential to the public service and pay back their loans sidized student loans. future of our economy. at the same time. Higher levels of debt can also influ- And as a new generation enters a This bill encourages public service by ence the decisions students make about work world that demands highly providing loan forgiveness for grad- whether or not to take a job in the pub- skilled, highly trained workers, a col- uates who pursue careers in these lic interest sector or in the more lucra- lege degree is necessary to open the areas. tive private sector after graduation. door to a successful career. As a former teacher, I am also ex- We have all heard about students who But for too long the deck has been tremely pleased that the TEACH grant are interested in working in areas like stacked against students seeking to program has been included in this bill. teaching, law enforcement, legal aid, build their careers and grow our econ- This program will provide $4,000 or State and local government but who omy. grants to students who commit to decide against taking these public in- College has become more expensive, teaching in high-need subjects at high- terest jobs because of their high debt interest rates have grown, and those need schools. loads. It is unfortunate that so many students who are able to attend college It is past time that we reward stu- students are forced to consider their often graduate saddled with debt and dents who are willing to embrace the debt loads when deciding which jobs to unable to buy a car or a house. challenge of working with our coun- take or pursue. The loan forgiveness Today we have the opportunity to try’s students who are the most in- provision of this legislation will help turn the tide in favor of students and need. those graduating students in Wisconsin ensure a stronger future for our coun- I am also pleased that we were able and around the country who want to try. to increase funding for the Upward pursue careers in public service. The College Cost Reduction and Ac- Bound program which helps more low- While I applaud much of the policy cess Act puts students first, makes col- income students prepare for and attend included in this measure, I am dis- lege more affordable, cuts interest college. This program is so important appointed that we are again seeing the rates, helps recent graduates, and en- for assisting students who may be the reconciliation process used to advance courages public service. first ones in their family to go to col- legislation that is not primarily a def- It also helps to ensure that students lege. icit reduction package. While there are today have the same opportunities that And I am pleased that minority-serv- better arguments for using reconcili- I had growing up. ing institutions will see funding in the

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.020 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11253 form of a $500 million investment con- 5 years, including the much needed in- Pacific Islander (AAPI) Higher Edu- tained in this bill. crease in the maximum Pell grant cation Serving Institution designation, And finally I am especially proud award. For many years now, one of my a provision that I and Senator AKAKA that this bill contains two provisions I top education priorities has been to in- have championed in past. This designa- worked hard to include that help crease the Pell grant award for college tion would allow grants and other Fed- groups that face other unique problems students with the greatest financial eral assistance to be awarded to insti- in the college aid process. need. tutions that have a student enrollment For our brave men and women in uni- Twenty years ago, the maximum Pell of at least 10 percent Asian American form, I worked to include a provision Grant covered 40 percent of costs for and Pacific Islander and has a signifi- that will allow them to defer their stu- attending a 4-year college in Cali- cant enrollment of financially needy dent loan payments during their de- fornia. Today, it covers just 30 percent. students. The additional funding would ployments and as they transition out This bill helps our students when they help AAPI-designated institutions to of service. start out by increasing the maximum fulfill their missions to assist students Currently, the law limits how long Pell grant award from $4,300 today to to meet their educational goals. The servicemembers can defer their pay- $5,100 in fall of 2008 and $5,400 in fall of AAPI designation would apply to ap- ments to just 3 years. 2011. This provision is particularly im- proximately 86 colleges and univer- As we all know, those who are serv- portant to California, which has over sities nationwide, and would apply to ing our country have enough to worry 584,580 Pell grant recipients—more approximately 40 schools in California about these days. than any other State in the country. alone. With deployments as long as 15 The bill also includes a provision I am pleased to strongly support the months in Iraq, and young dependent which I introduced with Senator FEIN- passage of the College Cost Reduction families left at home, our servicemem- STEIN that would remove a barrier, and Access Act Conference Report. bers are already facing real financial known as the tuition sensitivity No one should be denied the oppor- challenges. clause, in the Pell grant system that tunity to go to college simply because Paying back student loans should not unfairly prevented students who attend of cost. This landmark legislation will be something weighing on their minds lower-tuition colleges from receiving help ensure that students and families as they serve us overseas or as they the maximum grant. According to the across the country have the oppor- transition back into civilian life. Congressional Research Service, the tunity and freedom to attend the col- So this bill lifts this 3-year limit and elimination of the tuition sensitivity lege of their choice. I strongly believe makes more servicemembers eligible clause will benefit approximately 96,000 an investment in college aid is an in- students in the next academic year and for student loan deferment and relief. vestment in our Nation’s future—and would provide an average Pell grant I am also pleased that this bill im- this bill advances this vision. scholarship increase of over $110 per proves college access for homeless and (At the request of Mr. REID, the fol- foster care students. student. lowing statement was ordered to be The bill also tackles the problem of These vulnerable students face tre- printed in the RECORD.) mendous barriers in their education— student loan debt upon graduation. ∑ Mr. DODD. Mr. President, I rise Currently, 46 percent of seniors at 4- especially those who don’t have a par- today to herald the passage of the Col- year colleges in California graduate ent or guardian who is able to guide lege Cost Reduction and Access Act. with debt, owing on average $15,000 in them through the process. This bill not only helps students and student loans. This bill helps students In this bill, I joined with my col- families better afford higher education, by capping Federal student loan pay- leagues to simplify the student aid ap- it will ultimately ensure that our ments at 15 percent of a borrower’s dis- plication process and made homeless country stays competitive in a global cretionary income. The bill also en- and foster students eligible for higher economy. I thank my colleagues Sen- courages public service by rewarding levels of assistance. ators KENNEDY and ENZI for their ef- those who choose to work in nursing, I really want to thank Senator KEN- forts on this important legislation and teaching, or law enforcement for 10 NEDY for his leadership in moving this congratulate them on bringing addi- years by forgiving their remaining debt bill forward and making sure it does after that time period. tional dollars into the student finan- right by our students. He is a tireless I also want to thank Senators KEN- cial aid system. I also look forward to champion for our young people, and his NEDY and ENZI for the consideration completing the rest of the Higher Edu- work is allowing so many more of them and adoption of my amendment regard- cation Reauthorization package later to achieve the American dream. ing Upward Bound. Upward Bound this year. To me, this is simple. If we want our seeks to capture potential, first-gen- The College Cost Reduction and Ac- economy to grow, our people to suc- eration college students—many of cess Act makes significant steps to as- ceed, and our country to be strong, we whom are low-income youth—and pre- sist students in several important have to help more students get a col- pare them for the rigors of college. Up- ways: by increasing student aid, espe- lege education. This bill will do just ward Bound is a fantastic tool for cially the Pell grant; by addressing col- that, and I urge my colleagues to sup- America’s youth. These programs pro- lege debt; by increasing college access port it. vide mentoring, academic tutoring, and expanding college preparation pro- Mrs. BOXER. Mr. President, today I summer classes, and other services to grams; by providing incentives for rise to laud the passage of the College youth across our Nation to provide teachers to go to the neediest schools; Cost Reduction and Access Act con- them with the resources and skills by reforming the student loan system ference report, which is a strong sym- they need to be successful in college. to benefit students; and by strength- bol of our commitment to higher edu- In my home State of California, we ening minority serving institutions. cation access and affordability. This have 73 Upward Bound programs that We have accomplished all of this with- bill includes key tools and resources to serve approximately 5,600 students a out increasing the Federal deficit and enable students and families across our year. Due to funding shortfalls, 186 pro- actually providing $750 million in def- Nation to attain the American dream grams nationwide are in jeopardy of icit reduction. We recapture $20 billion of a quality education. being cut, including 11 programs in by reforming the student lending sys- I would like to thank Chairman KEN- California. Four of these programs are tem in order to invest additional re- NEDY, Ranking Member ENZI and their in San Bernardino, a low-income area sources into preparing our students for staff for their hard work on this impor- in southern California. These four pro- the global economy. tant legislation. Their tireless efforts grams were cut, not because of per- The annual cost of college is stag- have succeeded in making higher edu- formance—they actually have proved gering at roughly $13,000 a year to at- cation a reality for millions more to be very successful and have high tend a public university and $30,000 on young people. program scores—but because of a lack average for a private university. In Specifically, a key component of this of funding. Connecticut, 33 percent of family me- legislation is the increase in college The conference report also includes dian income is needed to pay for a pub- aid by roughly $20 billion over the next the creation of an Asian American and lic college. Thirty three percent even

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.021 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11254 CONGRESSIONAL RECORD — SENATE September 7, 2007 after financial aid is received! At a year 2012. I wish it were much higher, garding the financing of their edu- time when costs for other household considering the small portion of the cational needs. Conflict-driven indus- necessities are rising and incomes are cost of public education that a Pell try practices like revenue sharing and not keeping up, families and students grant provides today. The grant used cobranding must be prohibited and stu- are getting priced out of their oppor- to cover 80 percent of the average tui- dent loan underwriting should occur in tunity to attend college. tion, fees, room and board at a public a manner that does not have a dis- This year alone, it is estimated that university. Today the Pell grant covers parate or discriminatory impact on mi- 400,000 high school graduates who are an average of 29 percent. While I con- nority borrowers. prepared and ready to go to a 4-year tinue to advocate for even greater in- The legislation we passed within the college will be unable to go because creases in the Pell grant, I commend Banking Committee would accomplish their families cannot afford it. If my colleagues for taking steps to get many of these important objectives. It America is to remain the land of oppor- us back to the 80-percent tuition cov- requires lenders to provide more accu- tunity, then we must ensure that col- erage we achieved in 1975. rate and timely information to their lege is available to all of our citizenry. I would be remiss if I did not take a customers about the interest rates, Not only is paying for an education a moment to talk about the private stu- terms, and conditions of their prod- daunting task, but the debt incurred to dent lending market. Until we reach ucts, thereby helping students better complete a higher education is as- the goal of 80 percent of students’ tui- understand their financial options and tounding. In Connecticut, 58 percent of tion being covered by Pell grants and obligations. It prohibits documented graduating seniors are leaving school other forms of Federal financial aid, practices that have harmed students with debt, at an average of $19, 440 per many students have been, and will con- and families in obtaining the most graduate. For low-income and mod- tinue to be forced to turn to private competitive and affordable student erate income students the thought of and direct consumer and student loans, loans and requires a government re- being saddled with a burden of debt which are not guaranteed by the Fed- view into the extent to which private prevents them from pursuing higher eral Government and are not subject to student loan underwriting practices education at all. Aside from the Fed- loan limits. may disparately impact student bor- eral loan program, practices in the pri- Private student loans are now the rowers and colleges on the basis of fac- vate lending system have been dem- fastest growing segment of the $85 bil- tors including race and income levels. onstrated to dig our students deeper lion student loan industry due to rising I believe it is imperative that as we and deeper into debt. college cost, Federal financial aid re- consider inclusion of the private lend- In this bill, we have also strength- maining stagnant and increased de- ing legislation as a complimentary ened our commitment to recruit Amer- mand for a college education. This con- component to the Higher Education icans to public oriented sectors—public cerns me for several reasons. Act. We should ensure that this fast- service employees, childcare workers, The underwriting for private loans is growing market is well regulated and and many others will be offered loan similar to that used for other forms of remains accessible and affordable as an forgiveness on their direct Federal consumer credit. This means that stu- alternative source of higher education loans after 10 years of payments. By dent borrowers, who usually have little funding for students who need them. I capping the repayments of Federal or no credit history, poor credit scores, look forward to working with the man- loans at 15 percent of one’s discre- or no parental cosigner, or whose par- agers of this bill towards that impor- tionary income, this bill will also en- ents have poor credit histories, will tant goal. sure that students can choose jobs that typically pay higher rates than those The legislation before us will make best suit them, rather than jobs that with good credit histories and those college more affordable for students only pay the bills. Borrowers are also with parental cosigners with good cred- and their families. Reinvigorating our assisted by the interest rates on sub- it. This model runs counter to the commitment to higher education as we sidized student loans being cut in half. longstanding Federal purpose of stu- do in this conference report keeps our Over four years, this rate will be re- dent aid, which is targeting low-cost fi- country moving in the right direction. duced from 6.8 percent to 3.4 percent. nancial assistance to students with the I urge my colleagues to further invest Students will be enabled to pay off debt greatest needs, one of the great success in our future by completing the Higher sooner with less interest due to this stories of our country dating back to Education Act reauthorization before provision in the conference report. the G.I. bill in 1944. the end of September. Students in most need of assistance Earlier this year, at a hearing I con- Again, I congratulate Senators KEN- are the critical focus of this bill. I am vened within the Senate Banking Com- NEDY and ENZI and all of my col- pleased that minority serving institu- mittee, committee members listened to leagues, including Representative MIL- tions receive an additional $510 million testimony that detailed aggressive and LER, for providing the most significant to ensure that their students graduate. questionable marketing practices and assistance to our students since the The Upward Bound program also re- other unseemly industry practices, G.I. bill.∑ ceives an additional $285 million to pre- ranging from conflicts of interest to The ACTING PRESIDENT pro tem- pare low-income students for a higher kickback schemes to consumer fraud, pore. The Senator’s time has expired. education. In order to ensure that all that have been unveiled by congres- Who yields time? students are ready to go onto college, sional and State investigations into Mr. KENNEDY. Mr. President, how the new TEACH program provides in- the private student loan industry. The much time is remaining? centives for students who agree to issues uncovered at that hearing led to The ACTING PRESIDENT pro tem- teach in high-poverty schools or teach legislation, ‘‘The Private Student Loan pore. The Senator from Wyoming con- high-need subjects. Transparency and Improvement Act of trols 3 minutes 44 seconds, and the Sen- This bill will also allow additional 2007,’’ which was marked up and ap- ator from Massachusetts has 9 minutes low-income families to automatically proved overwhelmingly by the Senate 25 seconds remaining. claim zero expected family contribu- Banking Committee prior to Congress Mr. KENNEDY. Mr. President, I want tions when filling out financial aid adjourning for the August recess. to be notified by the Chair when I have forms. This change will allow students The ability to pursue a higher edu- 3 minutes left. of these from lower-income families to cation is a fundamental element of the The ACTING PRESIDENT pro tem- be eligible for increased Pell grants. American dream. We must ensure that pore. The Senator will be notified. Financial forms themselves will be- Americans have options to be able to Mr. KENNEDY. Mr. President, for come more user-friendly to provide ad- pay for college, and I believe that pri- those who have been watching this de- ditional assistance for low-income fam- vate lending should be one of them. bate and discussion, we just want to ilies in accessing student aid. But students should have full and time- underline one fundamental and very I am very pleased with the increase ly access to all of the information they important concept and principle: that in the Pell grant provided in this bill. need regarding the terms and condi- the $20 billion which is included in this The maximum Pell grant will be raised tions of private student loans in order legislation—which is going to be used to $5,100, in 2008 and up to $5,400 by the to make a well-informed decision re- in the ways we have described earlier

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.023 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11255 today, with the Pell grants, with the this was the program that built the paying taxes, repaying whatever those loan forgiveness for students who want middle class in this country. This was kinds of loans are. to go into public service careers, for the program that made America great. Let’s think about what this issue is some relief for the middle class—not a Now we have the opportunity again about. This is about hope. This is about nickel of that is taxpayers’ money. to follow the wise counsel and judg- our future. This is about progress in That comes out of the lenders’ pot of ment of some of the great philoso- America. resources, which many of us believe is phers—Nelson Mandela and John Finally, this is the kind of invest- overly generous to the lenders. That is Adams—in our time and in our genera- ment we need if we are going to deal another issue. When we have time after tion to renew that commitment. This with the challenges and problems of the vote at 10:15, we will have some op- bill is a downpayment for it. global competition. We will have a portunity to develop that issue. But I agree with my friend from Wyo- chance to go into this in greater detail this is a transfer of $20 billion from the ming, we have to go ahead and do the after the vote this morning, but we lenders for help and assistance to the reauthorization. We will do it. We are need these kinds of investments, and students. There is no question about strongly committed to doing it. We the kind of investments we have in the any of that. That is No. 1. have passed a bill here in the Senate, reauthorization bill in terms of teach- Importantly, as we are coming close and the chairman of the House com- ers and the kinds of investments we now to the time where we are going to mittee has committed that the House had in the COMPETE Act that was be voting on this issue, I am very committee will do it, and then we will passed in a bipartisan way earlier this mindful of those magnificent words of finish it together. year. We need this in order to stay Nelson Mandela, one of the great he- But this is an opportunity. This is competitive in the global economy, to roes of the century, certainly of our the downpayment. This is not going to make sure America’s economy is the generation. On the occasion he was be the only action that is going to be strongest. We need this investment in asked about education, he said the taken by us in our continued march to- terms of our national security to make most important weapon for change in ward progress in terms of the edu- sure we are going to have the men and the world is education. That is some- cation and hope for young people. Not women who are going to be able to de- thing those of us who are strong sup- all the problems are going to be re- fend this Nation and use the various porters of this proposal believe in. It solved. Not all the problems are going kinds of technologies that are devel- was said, in my time, by President to be solved. This is a downpayment. oped. Kennedy, and also by President Lyndon When we look at the priorities of Finally, we need this investment in Johnson, that no American, no quali- education at other times, we have to order to have a well-trained and edu- fied student should be denied—should wonder why we are even having a de- cated citizenry who are going to be be denied—a college education because bate on this issue—and why we are just able to breathe life into the institu- of cost. talking about $20 billion. If you take tions our Framers established. That is That is a concept. That is a value. I what was expended on education, on in- what we are talking about. We are not would think all of us on this side of the vesting in the GI bill over the period of going to achieve all of that with this aisle believe that very deeply, and the GI bill, it was a third of the total legislation, but it is going to be a many on the other side of the aisle. We budget. If we spent now on education meaningful and ongoing and con- would not have made the progress we what we spent then, we would be spend- tinuing commitment, and one that all have made over recent years unless we ing 130 billion dollars—not $20 billion. of us who are supporting this proposal had that kind of a commitment. Imagine that. $130 billion it would be, recognize as something that must be We have drifted from that kind of and we are only talking about $20 bil- followed up on and strengthened and commitment, that ideal that was set lion. We were spending at that time all shaped as we move forward. by Mandela, that was understood by of that—for what?—for educating the Mr. President, I withhold the remain- John Adams when he wrote of the im- young people. Is there anyone in here der of my time. portance of educating the common citi- who would say that was a mistake? The ACTING PRESIDENT pro tem- zenry in the Constitution of Massachu- Find the Members of the Congress or pore. The Senator’s time has expired. setts. No state constitution has a more the Senate who said we have spent too The senior Senator from Wyoming. detailed ideal established in its con- much in terms of investing in the edu- Mr. ENZI. Mr. President, I yield my- stitution about educating the public cation of the children in our country. self the remainder of my time. than the Massachusetts Constitution, The ACTING PRESIDENT pro tem- Mr. President, I am always a little written by one of the greatest of our pore. The Senator has 3 minutes re- disconcerted that what the American Founding Fathers. maining. public gets to watch is the debate on It was understood by Horace Mann Mr. KENNEDY. Find me that person. the Senate floor. This is not where we when he established the public school I remember being on the floor of the get most of the work done. This is not system—the importance of education, Senate when we had strong voices in where there is agreement. This is the importance of education in terms opposition to the Pell grants, to Staf- where there is the disagreement and of opportunity and promise and hope. ford loans back in the early 1960s. I do the branding of the different parties. It It was understood by Abraham Lincoln not hear those voices today. I do not is important, but it is not what gets in the height of the Civil War when he hear those voices today. Why? Because things done. established the land-grant colleges to we know when it is done well, and it is We have a bill before us today, and help and assist the education of citi- done right—and it has not always been, the Senate-passed reconciliation bill zens all over this Nation. It was under- but in this case it is, in terms of the had a vote of 78 to 18. And we had some stood by Abraham Lincoln, understood Pell grants, in terms of the loan for- of these same discussions. Those dis- by Dwight Eisenhower, when this Na- giveness, in terms of some help and as- cussions are important. As the only ac- tion was challenged by Sputnik in the sistance and relief for middle-class countant in the Senate, I am appalled late 1950s and the development of the families—it will make an important by the way we score bills around here, National Defense Education Act, un- difference. the way we come up with the different derstood by Franklin Roosevelt with When we hear the eloquence of some provisions, the different arguments the GI bill that has been available for of our colleagues and about the dif- that get made on the floor. But I would more than 60 years starting with a gen- ference it has made for their edu- say the provisions of this conference eration that fought in World War II. cation—whether it is DICK DURBIN, report closely parallel many of the pro- If you take the total cost of that GI whether it is MARIA CANTWELL, who visions in the Senate-passed bill. bill that was expended—and as most talks about the difference it has made There were clearly compromises economists have pointed out, there was in her family, whether it is PATTY made in reaching agreement on the a $7 return for every $1 invested in edu- MURRAY, who said all seven members of conference report. We can point to cation, $7 returned for the cost of edu- her family had help and assistance in things in the conference report that cation. Talk about expending re- terms of student loans, and all of those are there because of Republican and sources, talk about national priorities, people are professional people today, Democratic sponsors. In the end, it is a

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.025 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11256 CONGRESSIONAL RECORD — SENATE September 7, 2007 product where the benefits to students I further announce that, if present bate on the nominations equally di- outweigh the reservations that some of and voting, the Senator from Delaware vided between Senators LEAHY and us may have. (Mr. BIDEN) and the Senator from Mas- SPECTER or their designees; that at 11 Over 55 percent of the savings are sachusetts (Mr. KERRY) would each a.m., the Senate proceed to vote on dedicated to increasing the Pell grant vote ‘‘yea.’’ Calendar No. 238, followed by a vote on award. In the next 5 years, low-income Mr. LOTT. The following Senators Calendar No. 239, followed by a vote on undergraduate students will see the are necessarily absent: the Senator Calendar No. 241; that the motions to maximum Pell grant award increase by from Idaho (Mr. CRAIG), the Senator reconsider be laid upon the table, the more than $1,000. We will see who all from Arizona (Mr. MCCAIN), and the President be immediately notified of takes credit for that, but that is what Senator from Kansas (Mr. ROBERTS). the Senate’s action, and the Senate the bill does, and it will take people The ACTING PRESIDENT pro tem- then return to legislative session; that from both parties to get it passed. We pore. Are there any other Senators in Senator BARRASSO be recognized to increase the income protection allow- the Chamber desiring to vote? speak in morning business—as a side ance so students are not penalized for The result was announced—yeas 79, note, this is his maiden speech in the working and saving for college. The nays 12, as follows: Senate—for up to 30 minutes, following unique role that our not-for-profit [Rollcall Vote No. 326 Leg.] which the Senate begin consideration lenders have in providing information YEAS—79 of H.R. 3074, the Transportation appro- and services to students has been rec- Akaka Ensign Murray priations bill. ognized. Alexander Enzi Nelson (FL) I will also say, while the distin- But at the end of the day, we must Barrasso Feingold Nelson (NE) guished Republican leader is present, still reauthorize the Higher Education Baucus Feinstein Pryor we are going to complete the Transpor- Bayh Grassley Act. Reconciliation is such a small Reed tation bill next week. The last vote Bennett Harkin Reid part, and we cannot leave out the other Bingaman Hatch Rockefeller next week will be at about 1 o’clock, no part or we will close the door on our Boxer Hutchison Salazar later than 1 o’clock because of the be- Brown Inouye Sanders students. We have to reauthorize the Brownback Isakson ginning of the Jewish holiday at sun- Schumer Higher Education Act that provides the Byrd Johnson down. FAFSA simplification, year-round Cantwell Kennedy Sessions I have talked with the distinguished Shelby Pell, financial and economic literacy, Cardin Klobuchar Republican leader, and we have some Carper Kohl Smith better college cost information, and Casey Kyl Snowe items we are going to look to on Sep- improvements in outreach and student Chambliss Landrieu Specter tember 17 and 18. On September 17, support service programs such as Cochran Lautenberg Stabenow there will be no votes. On September Coleman Leahy Stevens 18, there will be votes. We are going to GEAR UP and TRIO, in which all of us Collins Levin Sununu have an interest. Conrad Lieberman Tester try to develop—we have not done it We have passed eight extensions of Corker Lott Thune yet; I have had a number of conversa- the Higher Education Act, starting in Cornyn Lugar Voinovich tions with the Republican leader—as to 2004. The current extension expires on Crapo Martinez Warner how we proceed on the Iraq matters. Dole McCaskill Webb October 31. How much longer do we Domenici Menendez Whitehouse We need to finish the Defense author- have to wait? My goal is to not have a Dorgan Mikulski Wyden ization bill. We want to make sure ninth extension on the Higher Edu- Durbin Murkowski there is time to adequately debate that cation Act. My goal is to debate and NAYS—12 measure. But we also want to again ad- pass a higher education reauthoriza- Allard Coburn Hagel dress the Iraq situation. We have peo- tion conference report. I look forward Bond DeMint Inhofe ple, as I speak, trying to work out Bunning Graham McConnell to working with Senator KENNEDY and something that will be different from Burr Gregg Vitter the House to get this accomplished, or what we have done in the past. I hope else no matter how you slice it, the NOT VOTING—9 that can be done, something on a bipar- biggest piece of higher education is left Biden Dodd McCain tisan basis. We still may have to do the undone. Clinton Kerry Obama partisan matters. But, hopefully, Sen- Craig Lincoln Roberts I will have more comments to make ators working together can come up on the accounting on these different The conference report was agreed to. with some way we can proceed on that things as we get into further debate Mr. DURBIN. Mr. President, I move issue. We are not there yet. after the vote. We did agree to a 10:15 to reconsider the vote. I want to alert everyone that during vote, and I want to stick to that. I have Mr. KENNEDY. I move to lay that the week of September 17, we are going a lot of people I would like to thank. I motion on the table. to have to do a lot of work on Defense will also save that for later. I believe The motion to lay on the table was authorization and also the Iraq mat- my time has expired. agreed to. ters. We hope we can complete the bill I yield the floor. The ACTING PRESIDENT pro tem- that week. Again, we are not at a point The ACTING PRESIDENT pro tem- pore. The Senator from Massachusetts where we are near able to work out a pore. The Senator’s time has expired. is recognized. unanimous consent agreement on that All time has expired. Mr. KENNEDY. Mr. President, I sug- measure, but I have kept the minority The question is on agreeing to the gest the absence of a quorum. advised about every step we have taken conference report. The ACTING PRESIDENT pro tem- in this regard. Mr. GREGG. Mr. President, I ask for pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- the yeas and nays. The assistant legislative clerk pro- pore. Is there objection? The ACTING PRESIDENT pro tem- ceeded to call the roll. Mr. MCCONNELL. Reserving the pore. Is there a sufficient second? Mr. REID. Mr. President, I ask unan- right to object, and I will not be object- There is a sufficient second. imous consent that the order for the ing, I want to underscore that the The clerk will call the roll. quorum call be rescinded. speech to which the majority leader re- The assistant legislative clerk called The ACTING PRESIDENT pro tem- ferred will be the maiden speech of our the roll. pore. Without objection, it is so or- new Senator from Wyoming, Mr. Mr. DURBIN. I announce that the dered. BARRASSO. That will be Monday. I look Senator from Delaware (Mr. BIDEN), UNANIMOUS CONSENT AGREEMENT—EXECUTIVE forward to hearing what he has to say. the Senator from New York (Mrs. CLIN- CALENDAR Also, the majority leader indicated TON), the Senator from Connecticut Mr. REID. Mr. President, I ask unan- we will be discussing the way forward (Mr. DODD), the Senator from Massa- imous consent that on Monday, Sep- on our next Iraq debate, how to struc- chusetts (Mr. KERRY), the Senator from tember 10, at 10 a.m., the Senate pro- ture it in a way that is fair to all inter- Arkansas (Mrs. LINCOLN), and the Sen- ceed to executive session to debate en ested parties. The majority leader and ator from Illinois (Mr. OBAMA) are nec- bloc Executive Calendar Nos. 238, 239, I will be continuing to discuss that essarily absent. and 241; that there be 60 minutes for de- matter in the coming days.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.026 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11257 The ACTING PRESIDENT pro tem- together in our committee, a seamless Chris Fick of Senator MIKULSKI’s staff; pore. Without objection, it is so or- web of progress in the education sys- Michael Yudin of Senator BINGAMAN’s dered. tems in our country. That is certainly staff; Kathryn Young of Senator MUR- Who yields time? The senior Senator our intention. We are well down the RAY’s staff; Seth Gerson of Senator from Massachusetts is recognized. road with the actions that have been REED’s staff; Mildred Otero and LaToya Mr. KENNEDY. Mr. President, I wish taken today. Johnson of Senator CLINTON’s staff; to take a few moments, first, to thank I wish to mention a few of these Steve Robinson of Senator OBAMA’s all of our colleagues for the over- items we have in the legislation. Be- staff; Huck Gutman of Senator SAND- whelming, bipartisan support for the fore I do, I wish to personally mention ER’s staff; and Will Jawando of Senator conference report. This exceeded the the individuals who worked long and BROWN’s staff. vote we had earlier on our education hard on this measure. I failed to do it I would also like to thank Senator measures, and we also had a number of during the earlier presentation when REID’s staff, Randy DeValk, Gary absentees today who indicated favor- we were under more limited time, but, Myrick, and Jason Unger, and his out- able support for the legislation. This is as I think Senator ENZI knows very standing floor staff without whom none a very important statement about well, we have been blessed with an ex- of us could do our jobs, Marty Paone, where we are as a country in terms of traordinary group of individuals who Lula Davis, Tim Mitchell, and Trisha the education issue. This ought to be work long and hard. Much of the legis- Engle. reassuring for the students, parents, lation—the authorization and also the I thank especially Senator CONRAD and families of our country. general format of a good deal of what and his staff. Without them, there is no Again, I am immensely grateful to we have done today—has been in the way we could have completed this bill. my colleague and friend, Senator ENZI. works for a number of years. It did not So thank you, Mary Naylor, Joan Without his strong support in the shap- just happen this year. The authoriza- Huffer, Lisa Konwinski, and Robin ing of both the reauthorization legisla- tion legislation we passed basically had Hiestand. tion and this legislation, we certainly the name of Senator ENZI on it before And I would like to thank Liz Engel would not be here. He spoke very elo- the changes that took place in the elec- of the Democratic Policy Committee. quently and well about the importance tions. We have been working very hard. I would also like to thank David of the reauthorization. It is a view- We have been enormously blessed by an point which I share for the reasons he Cleary of Senator ALEXANDER’s staff; extraordinary group of men and women Allison Dembeck of Senator GREGG’s has outlined. The simplicity of the fi- who have worked with us. These are staff; Celia Sims of Senator BURR’s nancial aid application is key. We have complex, difficult issues with incred- staff; Glee Smith of Senator ISAKSON’s 400,000 young people who are qualified ible implications. staff; Karen McCarthy of Senator MUR- for college but who do not go to col- We have on our Education Com- KOWSKI’s staff; Juliann Andreen of Sen- lege. Many do not go to college because mittee a membership that is very in- ator HATCH’s staff; Suzanne Singleterry they cannot work their way through volved and engaged on education of Senator ALLARD’s staff; Alison those ten pages of an extremely com- issues. All of them have ideas. One of Anway of Senator ROBERTS’ staff; and plex, difficult questionnaire, and they the things that makes that committee Matt Blackburn of Senator COBURN’s do not have the support systems to as- so interesting is that we have an enor- staff, all of whom put in many hours to sist them. This reauthorization will as- mous number of ideas and suggestions, make this bill a reality. sist not only in the simplification of and it has taken a good deal of time to As always, we worked closely with the FAFSA that Senator ENZI person- try to work with our colleagues on Chairman MILLER’s staff, and I would ally took a great deal of time with, as both sides of the aisle and then with like to thank them as well. Mark well as Senator REED, but also with re- the House. That was achieved. gard to teachers in underserved areas I will certainly mention some of Zuckerman, Alex Nock, Gaby Gomez, and the transparency provisions that those who have done such an extraor- Julie Radocchia, Jeff Appel, and Steph- will help parents understand the costs dinary job, and we are very much in anie Moore all worked tremendously of various universities. their debt. Obviously, we are all hon- hard, and Chairman MILLER is lucky to The legislation has a number of note- ored to serve as Members of this insti- have them. worthy features that the Senator out- tution, but those who have worked on I would also like to thank the Parlia- lined in his statement. With this this legislation should take a great mentarian, Alan Frumin, and Assistant strong vote, we want to give assurance deal of satisfaction in the difference Parliamentarians Elizabeth MacDon- that we look forward to working ea- they have made though shaping this ough, Peter Robinson, and Leigh gerly with the House to make sure we legislation, because they have played Hildebrand for their assistance have a successful passage; doing so will an indispensable role, and we value throughout the process. maximize the impact of this legislation very much their continued contribu- More than most, this bill has re- we just passed. tion. quired significant help and assistance We will certainly work on the issue On my staff I would like to thank Mi- from the Congressional Budget Office, of college cost reduction and higher chael Myers, who has been the chief of and I would like to give them a special education access. And we have a num- staff of our HELP Committee, Carey thanks. Paul Cullinan, Deborah ber of other education issues we are Parker, a longtime friend and legisla- Kalcevic, and Justin Humphrey have working on as well. We understand the tive assistant, Carmel Martin, Missy put in tremendous work—nights and importance of the reauthorization of Rohrbach, Erin Renner, and J.D. weekends and everything in between— the Head Start Act and the provisions LaRock. We have Emma Vadehra, Nick to model and estimate the budgetary dealing with early education. We un- Bath, David Johns, Raquel Alvarenga, effects of the complex provisions in derstand the importance of reforms of Liz Maher, Lily Clark, Jennifer Fay, this bill, and all the many iterations K–12, the importance of tying in kin- Ches Garrison, Scott Fay, Melissa Wag- and changes that the committee con- dergarten into the early grades. We un- oner, Dave Ryan, and Jay McCarthy. sidered. I don’t know what we would do derstand the importance of getting This has been a bipartisan process all without them. We certainly wouldn’t well-trained teachers in underserved the way. I would also like to thank have been able to move this legislation areas, the importance of parental in- Senator ENZI’s wonderful staff, specifi- as expeditiously as we did. volvement, the challenges out there cally Katherine McGuire, Ilyse I would also like to thank Mark with regard to disabled students, the Schuman, Greg Dean, Beth Buehlmann, Koster, Kristin Romero, and Amy challenges so many students are facing Ann Clough, Adam Briddell, Amy Gaynor in the Senate Legislative Coun- in terms of limited English-speaking Shank, and Kelly Hastings. sel’s Office, as well as Steve Cope and capabilities, and the issues around ac- I also thank MaryEllen McGuire, Molly Lothamer in the House Legisla- countability and growth models. There Taneisha Woods, and Jeremy Sharp of tive Counsel’s Office, who also worked are a lot of complex issues, but we cer- Senator DODD’s staff; Rob Barron, nights and weekends to assist in draft- tainly want to wrestle with those and Ellen Murray, and Mark Laisch of Sen- ing the language and working out tech- eventually have, as a result of working ator HARKIN’s staff; Robin Juliano and nical issues in the bill.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.029 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11258 CONGRESSIONAL RECORD — SENATE September 7, 2007 Finally, I would like to thank mem- tutions, such as Hispanic serving insti- forgiven. $14,800 of the $17,000 debt if bers of the education team at the Con- tutions and tribal colleges and univer- they stay working in law enforcement. gressional Research Service—Adam sities. We increase funding for the Up- So this gives you a good illustration Stoll, Charmaine Mercer, Jeff Kuenzi, ward Bound Program to provide tutor- about the loan forgiveness. and Dave Smole, whose expertise was ing and other support to help disadvan- As was mentioned earlier, the higher invaluable throughout this process. taged students prepare for, apply to, education reauthorization bill, which I wish to take a few moments to and succeed in college. I will show why Senator ENZI referred to, addresses ris- highlight briefly, once again, in greater that measure is so important in a mo- ing costs by requiring colleges to pub- detail, what the conference report will ment. licize college cost information. This is do. I outlined in the earlier presen- And we provide these benefits—all of a real problem. Parents have a difficult tation the highlights and the reasons these benefits—at no cost to the tax- time understanding what the real costs for the legislation, but for a few min- payer by reforming the student loan in- are. There are fees and more fees—tui- utes I wish to once again remind those dustry so that it works for students tion, room and board. I was absolutely who are interested in the benefits the and not the banks. That is the basic startled when the daughter of a very legislation provides for all the bor- concept. good friend of mine, attending one of rowers. As we mentioned during the course of our finest colleges, indicated to me the It is a historic increase in the need- the earlier discussion, we provide loan cost of the schoolbooks for going on to based grant aid—the greatest increase forgiveness to graduates in public serv- college—over $100 for a freshman since the GI bill. That helps the need- ice. This chart mentions the various schoolbook in a rather general subject iest students. We talked earlier about professions in which individuals can be matter. These are surprises that you how we should set as a goal not to let involved to gain that kind of oppor- are faced with; the several hundred dol- a single qualified student lose the op- tunity. They can be in public safety, lars additionally that people are un- portunity to get a college education be- law enforcement, public education, aware of. cause of cost. We still have a long way early childhood education, child care, I know some of our colleagues have to go. We recognized earlier in the de- public health—with all the Public talked about this and we are certainly bate that the cost of college has gone Health Service agencies; or they can be aware of this challenge and so we are up extraordinarily. But at the same working with special needs children going to try to see what we can do to time, grant assistance has basically and the disabled community, which is help provide some assistance there. stabilized or gone down in real terms, enormously important; the elderly, and Reforms to the student loan system and the earning power of the middle the frail elderly—increasingly a chal- will ensure that colleges are recom- class has been level or has fallen slight- lenge for our country; public interest mending lenders based on the best in- ly over the period of recent years. law—these are all the public defenders terest of their students. Those are the So in this legislation we have tried to and legal services attorneys, as well as ethical provisions we have added as a provide real assistance on the issue of prosecutors; public libraries; nonprofit result of the investigations received burden in the percentage of repayment. organizations; or teaching full time at broad support in this from the colleges We have done, I think, a first-rate job a tribal college or university. and universities. Many of them were in setting better repayment options I mentioned earlier the article in stunned by what has been happening, that cap a borrower’s monthly pay- Time magazine this week that talks and they have been enormously cooper- ment at 15 percent of their monthly about the attitudes of students in col- ative and helpful. discretionary income. We have in- leges all over this country, and that it And I want to talk about simplifying cluded loan forgiveness for borrowers is the desire of so many of these young the financial aid form. I give great in public service jobs, and protection people to be involved in public service credit to Senator ENZI and Senator for working students by not penalizing and to help respond to the needs in REED on this. They have simplified this their earnings. So many of these stu- their communities. They want to be form from an enormously complicated dents go out and work, and work hard, part of the solution, not part of the ten pages of questions to just two to earn a little money, and yet then problem. So often, because of their in- pages of essential questions. That will they are outside the eligibility to ben- debtedness, they have to choose careers make a big difference. efit from some of important grants in in order to deal with the indebtedness. This strengthens GEAR-UP and TRIO terms of assistance. So we have ad- So this legislation will open up or help to improve preparation for higher edu- dressed that issue. And we have pro- us take advantage of that idealism cation. The record of these programs vided matching grants to States to im- that is out there. We are giving them a has been extraordinary in terms of pro- prove college access. pathway to making a difference in viding the bridge for many of those We cut interest rates—I was referring terms of the future of our country, and who come from disadvantaged back- to that earlier—on new undergraduate I think that is enormously important. grounds to get them started into col- subsidized loans from 6.8 to 3.4 percent That is one of the most important lege, and in terms of giving them the by 2011. parts of this legislation. We have tried assistance and the followup so they We provide for scholarships of $4,000 to work on it, and I think it will be will need complete their higher edu- per year for high-achieving students very important. cation. who commit to teaching high-need sub- I might give a quick example of how Then, also, the reauthorization re- jects in high-need schools. We didn’t the loan forgiveness works. A starting forms and improves our teacher prepa- emphasize or stress that during the teacher in my State, making a salary ration programs. Teachers are the early presentation. This is one of the of $35,400, has an average debt of about backbones of our schools, and the bill great and important provisions in this $18,100. Under the loan forgiveness will promote high-quality teacher legislation. I think we all understand plan, where he or she would not pay preparation programs, and recruit good we need a well-trained teacher in every more than 15 percent of their dispos- teachers to teach in high-need classroom in America, and we need able income, they will save $730. If they schools—where they are needed most. well-trained teachers in particular in continue to work as a public educator, So those are some of the essential inner-city schools and also in rural and more than half of their indebtedness elements in the reauthorization. underserved communities. We need will be forgiven after the required pe- As we said earlier, we are investing them to have the skills to serve, so we riod of their service. more here in the Pell grant. Here, I provide some important assistance to If you take a similar situation, this have the chart of what has happened in that end. is a police sergeant with a child in Ar- terms of the failure to increase the Pell Senator ENZI mentioned in the reau- kansas, making an annual salary of grant to keep up with the cost of col- thorization that we provide other kinds $28,200, with a debt of $17,000. This will lege. This demonstrates where we are of incentives for schools and colleges help save him or her $1,100 a year in going with one very important aspect, to also move in that direction. terms of repayment. At the end, if he and that is the assistance in the Pell We support the Historic Black Col- or she stays in law enforcement for ten program. It has remained flat in the leges and other minority-serving insti- years, $14,800 of the $17,000 debt will be past. You can look from 2002 all the

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.031 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11259 way to 2006, and now we will go to The landmark success of the GI Bill shows This is the bold commitment that our stu- $5,400 by 2012. us what a difference higher education makes. dents and families deserve, and it couldn’t There has been talk that there had The bill granted World War II veterans up to come at a better time. We all know that a been some increase in Pell, all of which $500 each term—the equivalent of $5,600 college education is more important than today. It swung the gates to college wide ever, but it’s never been more expensive. The is true, but that was because there was open—and half of all veterans went through cost of college has tripled in the last 20 an increasing number of poor students those gates determined to create a new life years. Yet, family incomes are not keeping who were eligible for the Pell grant. We for themselves and their families. More than up with rapidly-rising college prices. Last have nearly 5 million more people liv- five million veterans received vocational week, the Census Bureau released new data ing in poverty today than in 2000. So education or job training, and more than two showing that median household income in we put more money into Pell to cover million attended college. America increased just seven-tenths of one more students, but that did not keep In 1940, the average GI was just 26 years old percent last year. Meanwhile, the cost of col- and had attended only one year of high lege increased 6 percent. up with the growth needs for the grant school. The bill even enabled many of these In fact, over the last twenty years, the cost amount. The point being, this is a very GIs, who had served the country so magnifi- of college has increased more than twice as important increase in terms of the cently, to become professionals. In 1957, we fast as median household income. Since 1986, cost. As the Chair, Senator BROWN, were called to action once again. The Soviet costs have increased by 216 percent at public pointed out, an increase in the cost of Union began a new Space Age with the colleges, and 208 percent at private colleges. universities, a failure to provide an in- launch of Sputnik. We rose to the challenge But median household income has gone up crease in grants, and the leveling of by passing the National Defense Education just 93 percent over that same time. During Act, and by inspiring the nation to land on the same period, grant aid has not kept up salaries of people have made it very the moon. We doubled the Federal invest- pace with increasing costs. difficult for many to pay for college. ment in education. Twenty years ago, the maximum Pell In my full statement, I point out in a Today, we need a similar bold new commit- Grant covered 55 percent of costs at a public more dramatic form, what is happening ment to enable the current generation of 4-year college. Today, it covers only a third in terms of the need for many of these Americans to rise to the global challenges of those costs. The gap between the max- students and that what we are seeing we face. The Higher Education Conference imum Pell grant and the cost of attendance currently in our education system is Report we consider today makes that com- at 4-year public colleges has increased al- mitment. Today, we’ll help millions of stu- most $3,500 since 2001–2002. Today the gap is the increasing divide of America. I dents achieve the American dream by pro- $8,746. For years, under Republican control think all of us believe, or should be- viding $20 billion in new college aid—the big- of Congress, the maximum Pell Grant was lieve, that if we are going to be one gest increase in student aid since the GI Bill. stuck near $4,000. Earlier this year, Demo- country, with one history and one des- Just a few weeks ago, the Senate over- crats increased the maximum grant to $4,310. tiny, we don’t want education adding whelmingly voted to approve this bill. Let’s But that’s far from enough. to the separation of a divided nation. It look at what the Senate bill did: Increasing costs and stagnant grant aid are It provided a historic increase in need- ought to be bringing the country to- closing the doors to college for many middle- based grant aid, by raising the maximum income and low-income students and fami- gether—based upon ability, based upon Pell Grant by almost $1,100 over the next 5 lies. hard work and enterprise and a willing- years, to $5,400 from $4,310 today. The lowest income students on average ness to work and to achieve and accom- It provided new student loan repayment have an unmet need of $5,800. Each year, plish. What we have found in our edu- options that allow borrowers to cap their 400,000 students don’t attend a 4-year college cation system now, for a number of loan payments at 15 percent of their monthly because they can’t afford to do so. It’s reasons, though unintended, it is work- discretionary income. shameful that low-income students—even It offered loan forgiveness to borrowers those who have worked hard and done well in ing to divide the country. It should not who work for 10 years in a variety of public high school—are less likely to attend and be. That is a very important issue that service jobs. This includes public school complete college than high-income students. we have tried to address in a number of teachers, law enforcement and emergency Just one fifth of low-income eighth graders different ways in this legislation. I be- management professionals, social workers, will graduate from college. But 68 percent of lieve it is very important to do so. We librarians, prosecutors and public defenders, high-income students will do so. have not emphasized it, stressed it that public health doctors and nurses, and child That’s unacceptable. care workers. By providing the biggest increase in stu- much in our earlier comments, but it is It protected working students by not pe- dent aid since the passage of the G.I. Bill, an underlying commitment we have. nalizing their earnings, by raising the ‘‘in- our bill will help close these gaps. Of the $20 In my more complete statement, I come protection allowance’’ from $3,000 to billion in college aid that our bill provides have reviewed the different ways we $6,000 for dependent students, and increasing overall, $11.4 billion is allocated for addi- tried to do this. We are going to con- it by 50 percent for independent students. tional grant aid. Our bill immediately in- tinue to work at it. It initiated a new program that provides creases the maximum Pell grant by $500 next There being no objection, the mate- matching grants to states so they can pro- year, to $4,800 from $4,310. By 2012, the max- rial was ordered to be printed in the vide more college access activities to stu- imum Pell Grant will increase to $5,400. dents. Who will be helped by this bill? It will help RECORD, as follows: Our Senate bill provided all these benefits students like Sara, who was a first-genera- As I said when we began our debate this at no cost to the taxpayer—by cutting the tion college student. She graduated from morning, our Nation has always looked to outrageous subsidies the government gives Norfolk State University and earned her education as the pathway to progress and to lenders. We gave that money to the stu- Master’s degree with the help of the Pell prosperity. After John Adams recognized dents, where it belongs. The Conference Re- Grant and other aid programs. Sara says education as a fundamental right in the Mas- port we consider today maintains all these that the Pell program helped her family sachusetts constitution, we embraced this benefits to students. But it does even more know that a better day was coming for them. view in my home state by creating the first for students. In addition to the benefits I’ve This bill will help students like Natalie, college and first public school in the nation. just described, the College Cost Reduction from Massachusetts, who’s a single mother A few decades later, legendary reformers and Access Act: enrolled in college for the first time. She such as Horace Mann, first recognized that Cuts interest rates on new subsidized Staf- says that without Pell grants, she ‘‘would be public schools would be the ‘‘great equal- ford loans for undergraduates from 6.8 per- stuck in this way of life, with no ‘light’ to izer’’ that delivers opportunity for all to ful- cent to 3.4 percent by 2011—a step which will look forward to . . . knowledge is power and fill their potential. help millions of students manage their stu- education is key.’’ More than 5 million stu- At the height of the Civil War, Abraham dent loan debt more effectively. dents rely on the Pell grant—5 million. Lincoln signed the legislation creating the It provides scholarships of $4,000 per year This bill provides the help and assistance land-grant colleges and made a commitment to high-achieving college students who com- that millions of Americans need in order to on behalf of the nation to the education of mit to teaching high-need subjects like math access and afford a college education. This the children of our country. During the In- and science in high-need schools. increase in aid is long overdue. But we can- dustrial Revolution, we rose to the challenge It provides more than $500 million to sup- not stop there. Students and families also once again. We established free public port Historically Black Colleges and Univer- need our help to manage the crushing burden schools. At the turn of the last century, we sities, Hispanic Serving Institutions, and of student loan debt. As the cost of college founded public high schools to enable the na- other colleges that serve minority students. continues to rise, the crisis of student loan tion to move forward. And after the Second It increases funding for the Upward Bound debt is growing worse. In 1993, fewer than World War, we passed the GI Bill to enable program by more than $200 million, which half of all students took out loans to finance those who served in war to rebuild their lives will help provide tutoring and other support their education. But today, more than two- at home. For every dollar we invested, the services to help disadvantaged high school thirds of students borrow for college. Today, Greatest Generation returned $7 for our eco- students prepare for, apply to, and succeed in the average student leaves college with more nomic growth. college. than $19,000 in student debt.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.032 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11260 CONGRESSIONAL RECORD — SENATE September 7, 2007 This mountain of debt is distorting the have paid under the standard repayment I also want to reiterate my commitment to basic life choices of countless Americans. plan. And if he or she stayed in law enforce- the Higher Education Reauthorization bill. It’s forcing them to delay getting married, ment for 10 years, the remaining debt would Just a few weeks ago the Senate voted delay buying a home, and delay starting a be cancelled—in this case, a benefit of over unanimously for this bill. It’s critical that family. It’s discouraging many young people $14,800. we complete work on it this year. from choosing careers in fields such as teach- Our bill pays for these valuable measures, The reauthorization bill takes steps to en- ing, social work and law enforcement—the not by increasing the burden on taxpayers, sure that the student loan system is working low-paying but vital jobs that bring large but by reducing unnecessary subsidies for in the best interest of students, by pursuing benefits to our society. No student should lenders who take part in the federal student needed ethics reforms in the student loan in- have to mortgage their future in order to loan programs. dustry. pay for higher education. That is why our Today, thousands of lenders offer college It simplifies the federal financial aid appli- bill also cuts interest rates in half—to 3.4 loans. The largest, Sallie Mae, is so profit- cation and delivery process, to ensure that percent from 6.8 percent—on new subsidized able that a group of investors recently of- this complex system does not work as a bar- Stafford Loans for undergraduates, which fered to buy it for $25 billion—more than 40 rier to access for low-income students. goes to the neediest students. percent above the value of its stock. It demands that colleges do their part to By cutting the rates in half, we reduce the The lenders claim that if Congress reduces keep college costs down. If we do our part to interest rate on these loans to some of the their subsidies, it won’t be profitable for provide needed student aid, they must do lowest levels ever in the history of the fed- them to make student loans anymore, and their part to keep their tuition and fees rea- eral student loan program. These reductions they’ll leave the business. But when Con- sonable. will provide much-needed help to the 5.5 mil- gress has reduced subsidies in the past, the And it reforms and improves our teacher lion students who take out subsidized stu- lenders’ profits have still gone up, not down. preparation system. Teachers are the back- dent loans each year. Reducing interest rates Here’s a chart that Sallie Mae itself pro- bone of our schools. The reauthorization bill will clearly help students. Under a standard duced. It shows that even though Congress promotes high-quality teacher preparation 10-year repayment plan, a borrower with has reduced subsidies several times in the programs, and helps recruit and retain high- $18,000 in subsidized loans will have their in- past, the company’s profits have continued quality teachers in high-need schools. terest payments reduced by 35 percent, from to go up and up. In 2006, Sallie Mae made $1.1 The Higher Education Reauthorization bill almost $6,900 to less than $4,500. That stu- billion in overall profits. Obviously, there’s goes hand in hand with the legislation before dent will save almost $2,400 in interest pay- still plenty of room to reduce lender sub- us today. Senator ENZI and I look forward to ments. Borrowers who consolidate their sub- sidies further. working with our colleagues in the House to sidized loans will save even more. For exam- Lenders also claim that if we reduce their ensure that it is also enacted before the end ple, a borrower with $13,800 in subsidized stu- subsidies, they’ll be forced to reduce the ben- of this session. For many years, Congress dent loan debt—the average amount—will efits they offer to borrowers on student was guided by one clear principle with re- save $4,400 over the life of their loan. loans. But what they don’t tell you is that spect to higher education—that no qualified Our income-based repayment plan—which many of the benefits they offer are phantom student should be denied the opportunity to gives borrowers the option of capping their benefits that few borrowers ever receive. Ac- attend college because of the cost. I know loan payments at 15 percent of their monthly cording to an independent analysis by how important that principle was for Presi- discretionary income—will help save bor- Finaid.org, the average borrower saves only dent Kennedy. My brother believed very rowers even more. And when it’s combined $118 through borrower benefits offered by pri- strongly that if you work hard, study hard, vate lenders. with our public service loan forgiveness plan, and are accepted to college, you should be By contrast, the Pell grant increase in our the help we’ll provide to students will be able to attend the college of your choice— bill will provide an additional $2,360 in grant truly remarkable. Teachers, emergency man- without regard to cost. That view resonated agement technicians, law enforcement pro- aid over the next four years, which trans- lates to $3,260 in lower loan payments. When powerfully with students and families, and it fessionals, public health doctors, nurses, so- helped create the groundswell that led to the cial workers, librarians, public interest law- fully phased in, the increase will provide an additional $4,360 per student, which means creation of the Higher Education Act of 1965. yers, early childhood teachers—and many We’ve lost sight of that principle in recent over $6,000 less in loan payments over the life others—will be eligible for loan forgiveness. years, but with this bill, we will renew it Take, for example a starting teacher in Mas- of the loan. If lenders wanted to offer a com- parable benefit, they would have to provide once again. I’m grateful to my colleague sachusetts who makes a salary of $35,421: Senator ENZI, and to all the Members of our If that teacher graduated with the average over 40 times the level of benefits they now provide. Committee who helped shape this important loan debt for the State—$18,169—he or she legislation. Because of their able work, the will have a monthly payment of $209. Finally, lenders claim that if we cut their subsidies, small lenders will be forced out of Senate approved the legislation earlier this Under the income-based repayment plan, summer with a resounding bipartisan vote, that monthly payment would be reduced to the FFEL program, restricting borrower choice and leaving only the big banks in and I look forward to final passage of this $148 instead—$61 less. bill by a similar strong bipartisan majority. Over the course of the year, that teacher business. Smaller lenders have made this ar- would pay $732 less than under the standard gument before. But when Congress has made I again thank all of our colleagues repayment plan. sensible cuts in the past, the number of lend- and staff and yield the floor. If the teacher stays in the job for 10 years, ers has risen, not fallen. Right now, more The ACTING PRESIDENT pro tem- the remaining debt would be cancelled alto- than 3,500 lenders make federal student pore. The senior Senator from Wyo- gether—in this case, a benefit of over $10,000. loans—the highest number ever in the his- tory of the student loan program. Let’s be ming is recognized. Or let’s consider a starting legal services at- Mr. ENZI. I thank the Senator from torney, who makes $36,000 a year: clear about what smaller lenders typically If that student graduated with the average do. Most of them simply sell the loans to the Massachusetts, Mr. KENNEDY, for his loan debt for lawyers for the State—$51,056— larger lenders, soon after the loans are made. great explanation of what is in the bill he or she will have a monthly loan payment That’s why the biggest lenders hold so many we just passed. As the debate on this of $588. loans. conference report comes to a close, it Under the income-based repayment plan, Lenders will no doubt continue to com- is necessary to thank those who those monthly payments would be $259— plain that the cuts in this bill are too deep, worked long and hard to get us to this that’s $329 less. but the reality is that our bill restores the Over the course of the year, that legal aid balance to this grossly unfair student loan point. It has been a lot of people. I ap- attorney would pay $3,948 less than he or she system by directing funds to the students, preciate the extensive list that Senator would have paid under the standard repay- not to the banks. It will also encourage long- KENNEDY had. ment plan. term reform of the student loan system by Chairman KENNEDY has done a mar- And if the legal aid lawyer stayed in the creating a pilot program in which an auction velous job of pulling everybody to- job for 10 years, the remaining debt would be will be used to see what subsidies are nec- gether, covering very diverse topics, cancelled—in this case, a benefit of over essary to keep banks involved in the student some of them very controversial, and loan program. $50,000. Or let’s consider the example of a po- working through them. What I always lice sergeant with a child in Arkansas, who For years, the federal government has used makes $28,289 a year: auctions to determine prices on everything like to point out to people is that is If that sergeant graduated with the aver- from broadcast spectrum rights, timber-cut- not always a compromise. Sometimes age loan debt for students for the Arkansas— ting rights, oil and gas drilling rights—even it is a third way. What we are trying to $17,000—he or she will have a monthly loan the price of infant formula delivered through do is get to a goal. This bill goes a long payment of $196. the WIC program. There’s no doubt we can way toward getting to that goal. I Under the income-based repayment plan, use auctions to operate the student loan pro- thank him for his commitment to not grams more efficiently. The money we save because the sergeant is supporting a child, only moving forward with this bill but those monthly payments would be reduced to through this pilot program will be sent back $97. to where it is needed most—to increase ac- to joining me in pressing for the com- Over the course of the year, the sergeant cess to college for students through a state prehensive higher education reform would pay $1,185 less than he or she would matching grant program. bill.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.010 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11261 I would also like to thank everyone a plan for that which will improve the school to death, conforms to the new on my staff who has worked to get us system. It will eliminate some of the economy so people in the United to this point. In particular, I would feeling that it is just about evaluating States, citizens of the United States like to thank Katherine McGuire, who teachers and will give them more tools are the ones getting the good jobs; that directs the whole operation, all of the to know what their students are lack- we are not sending them, with the new different bills we are working on. There ing so we do not leave whole groups of technology, to other parts of the world. are actually about 55 in the process, children, or individual children, with- We can do it. We are a very innovative covering health, education, labor, and out an education. That is the whole country. pensions. purpose of the program. This bill we have done today will go I would like to thank Beth We are also trying to work in the a long way to helping in higher edu- Buehlmann, who has been the edu- high school area, where we can elimi- cation, but what we focused mostly on cation guru on our side, who has led nate dropouts and eliminate some of was just the financing. There are a lot the team that I have that has helped that remedial work which is needed of pieces of higher education which go put together these different packages when they get to college. That reme- beyond that and which the chairman in the education area. I have to say, dial education costs billions of dollars and I have been emphasizing to the our committee covers everything from to parents and to taxpayers. House that they need to get done, and birth to death because we start with Another important piece to this puz- we are hoping to have some very firm preschool and then we have elementary zle that we need to do is continuing dates on when they will get that done. and secondary education, then we have education. We have passed unani- This could get into a Presidential elec- higher education, then we have con- mously through the Senate, twice over tion situation if it goes much longer. tinuing education. In this day and age, the last 31⁄2 years, the Workforce In- That probably would not be productive it is important for people not just to vestment Act. This is an act which for higher education or our kids, so we graduate from college, it is important would train 900,000 people for higher need to get it done right away. for them to continue to learn. Of skilled jobs or different jobs than they I have mentioned numerous times course, there is a direct relationship have held before, so they can retire and the things that have been left out of between how long you continue to do something different and still be a the reconciliation bill. I will not go learn and how long you live. But it is contributing part of the workforce and back through all of those again, al- going to be even more important as the continue to have revenue coming in. though I have some great charts, but I baby boomers are retiring that we en- But we have never been able to con- would emphasize again that needs to be courage a lot of them to continue in ference that bill. I think that is a done. the workforce—perhaps in different crime. We need to get it through once I will mention one area again because jobs than they have ever done before. again, through the Senate, and get it this goes back to a story from my ear- So we have a lot of things we need to conferenced. lier days. My first child was applying get done yet that we have been work- I know some of the concerns were for college. I had to face this formi- ing on. what might happen in conference. Now dable form as an accountant. As an ac- Head Start is one of those preschool it is our side that should have the con- countant, I have trouble understanding programs we have. We actually handle cerns about what could happen in con- not only parts of the form but parts of 69 preschool programs. We need to do ference because, as we have seen in the worksheet. This is a typical Gov- some condensing on that so we elimi- conference, actually the minority can ernment thing. They give you a work- nate some duplication, some excess, be left out of the process. I hope that sheet to be able to fill in a blank of the and some spending. But Head Start has would not be the case. But there is a final form, and the worksheet is almost already passed the Senate, it has al- lot of devilment that could be done, as difficult as the form. As an account- ready passed the House. We are work- and that is why we didn’t get to con- ant, it is a little tough sometimes to ing very carefully to get that finished ference the Workforce Investment Act. know what is even supposed to go into up now with a conference report, and I I kept assuring that would not happen the blanks, but that is OK because the think we are making good progress on in conference, but now the other side Government always provides extensive that. should know for sure that anything instructions on how you can interpret On No Child Left Behind, the House they were worried about the Repub- the blanks you are supposed to fill in. has informed us they now have their licans doing in conference will not hap- Hopefully on the new one-page form we draft proposal ready to discuss. We pen. I will try to convince the Repub- have they will not have to refer to ex- have been working on that in a very bi- licans that the Democrats will show tensive explanations. partisan way for a long period of time equal courtesy and we will not have to I think it is pretty clear what we now, going back into the last session of worry about what they might do in have on the new ones. It is supple- Congress and now into this one. Again, that bill and we will wind up with mented. Instead of taking pieces off of I congratulate Senator KENNEDY for something that will actually train peo- your income tax form to report on, you the way he has held coffees to bring in ple to higher skilled jobs so we don’t already have the form done, so the experts who can clear up, in a more have to outsource those jobs to other form can be submitted with it, and casual atmosphere, some of the dif- countries. That is what is happening that has greater explanation than try- ficulties, give us a better under- now. We don’t have this training proc- ing to do all of the math Worksheet B standing and share with us some of ess to the level of flexibility where it calls for. So we have simplified that their ideas on how that can be really serves the people in the new oc- greatly. But that is besides the fact achieved. It has been extremely help- cupations that are coming up. that now it is very formidable, and ful. We have had meetings with Chair- The kids in school now will undoubt- that keeps a lot of people from ever ap- man MILLER and Ranking Member edly have more than a dozen different plying for financial aid. MCKEON from the House along with the careers. Not different employers; that I had the opportunity to fill out one President and First Lady and the Sec- is real easy—you just quit one, move to of these when my first child was get- retary of Education on numerous occa- an another, work essentially the same ting ready to go to college and was sions. Those have been very bipartisan. kind of job. That is not what I am talk- picking a fairly expensive college, and I would be very remiss if I failed to ing about. I am talking about moving I thought maybe we can qualify for mention the commission that has been to a new career. Why is that essential? help, and the financial officer said: Yes, working on No Child Left Behind that Because a lot of the jobs that are avail- I think you probably can; you just have provided us with a number of pro- able today will not be available in the to fill out this little form. posals, suggestions, advice on what future. Out of those 14 different occu- We filled it out. We were in the shoe needs to be done to make that even pations that a person will probably business. We had a single shoe store. It more effective. Those have been, again, have, 9 of them haven’t even been in- was a family shoe store. My wife and I worked on in a very bipartisan way to vented yet. That is how the world is both worked there, and the kids see which fit with all the other ideas changing. We have to be sure that the worked there some of the time, and we we have. I think we will come up with whole education process, from pre- had other people who worked for us,

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.033 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11262 CONGRESSIONAL RECORD — SENATE September 7, 2007 too. We were going through all the cri- ing at a particular point, you can drop sidy so that you make a reasonable ses that small businesses today have to off to a zero and show that you fully rate of return. Now, we always have a deal with, like, how do you afford the funded it. little trouble deciding what that rea- insurance for your people? It is not fair It is not going to work that way in sonable rate of return is, and that is to buy insurance for yourself unless reality. I do not know who is going to what we are talking about. you buy insurance for the people who be in the majority when we get to 2012. Two years ago, we cut that subsidy, work for you. We were going through a Nobody does. But whoever is in the ma- and we cut it pretty severely and made number of those crises. Anybody in jority at 2012 has to figure out how to billions in savings off of cutting that small business knows there are those fill the gap of the dip in the chart, as corporate subsidy. times when you wake up in the middle well as take care of the inflation that Now, at that time what we did is put of the night with an ‘‘O my word, how has happened in the meantime, and, half of the savings in the subsidy, am I going to pay the bills today?’’ hopefully, greater Pell grants as a which actually comes from the tax- Aside from that, I filled out the form whole, in reality, at that point in time. payers,—You have got to understand and got the results back and they said: Why am I concerned about this? Well, that it is from the taxpayers that we You really don’t qualify. There are two we have done some things with interest are doing this—but we took half of that essential reasons. One is, if you sold off rates over a period of time that have and we put it to deficit reduction, a fourth of your inventory each year, had some of these same effects on stu- which is kind of a return to the tax- you wouldn’t need the help. If you sell dents. We always try to figure out how payers. off a fourth of your inventory and your we can get the lowest interest rate for We took the other half and did a child makes it through school in 4 kids who are going to college. And that number of things for students. We de- years—which is not standard, but I do is important. And a number of Sen- creased loan origination fees to 0 per- want to say all three of my kids did ators, including the Presiding Officer, cent. We put $8 billion into specialized graduate in 4 years—but if you sell off have pointed out the importance of kinds of Pell grants, which were the one-fourth of your inventory each year, that. SMART and American Competitiveness you can afford to send your child to Well, we got involved in interest Grants for science, technology, engi- neering, math, and some critical for- college without any financial help. rates actually when President Carter I had to point out to them that if I was in office, and interest rates rose to eign languages. That is a real need for sold off one-fourth of my inventory 18 percent and were going higher, and this country. If we do not address that need, we are each 4 years, I would be out of business did go higher. We had no idea how going to have some difficult economic by the time my child graduated. much higher. We had no idea whether times in this country. So we said we That is not quite fair, and hopefully they would ever come down again. have to get more young people involved we have made some corrections so that So Congress got involved with stu- in science, technology, engineering, we won’t be putting people out of busi- dent loans and said: 6.8 percent is the and math. And we took care of the col- ness in order to get their kids through highest that anybody is going to pay lege portion of that, encouraging them college, but we will be expecting them while they go to college, and we did with a smaller amount their freshman to make contributions to the expense kind of put some ends on that. In the year, and then a little bit bigger in of their education. meantime, of course, interest rates sophomore year, and a lot bigger in The other surprise was we had made came back down. We went to variable their junior and senior years if they our kids work. We made them save a rates, which allowed the Government would do science, technology, engineer- substantial piece of what they earned to fluctuate more on interest rates. ing, and math. That came to $8 billion. But each time, it becomes a problem when they worked so they could pay We also increased loan limits for for whoever is in the majority because part of their way to college. This same freshmen and sophomores. We in- financial officer said to me: You know, you can pin the difficulty on them and creased asset protection, and we in- she would have been better off if she say: ‘You have got to solve it. And no creased auto zero to $20,000. That is the had bought a car because that wouldn’t matter what solution you come up income level up to which you auto- count against her. with, we are not going to like it, and matically get a full Pell grant. So we What kind of incentive is that for the we are going to make it into a cam- did a number things with the money kids in this country? They really will paign issue.’ for students. At that point in time we appreciate their education more if they Well, I hope we do not do that all of were criticized for a lot of things we participate in their education. So I the time. But it is important for people did not do for students that could have think if we can get that reauthoriza- to realize that we are cutting the inter- been done, just as there will be criti- tion part through, we will protect and est rates in this reconciliation bill we cism with this bill for things that incentivize kids to actually work to- just did, and we are going to get them could or could not be done. ward their college education, so it will down to 3.4 percent. But that is over a I do think we arrived at a good solu- mean more to them as they go period of time. So students who are in tion, one that will work, one that I am through, and that will probably cut college and just heard the discussion hopeful and pretty sure the President down a little bit on how long it takes should not expect to go get a loan—or is going to sign, that will make a dif- them to get through school because as soon as the President signs the bill— ference for young people. But I do want part of that money is theirs. I would at 3.4 percent. That gets phased in. It to emphasize that we do need to finish like to see every kid be able to get an will get down to 3.4 percent. But then that reauthorization package. Without education and have some money left it ends, and we run into the same situ- that, a lot of this does not work. It over when they get their education, ation that I pointed out a minute ago; sounds good, but it does not work. So not a whole bunch of loans. We will be that one party or the other is going to let’s get the whole job done. able to help with that by passing this be in the majority at that time, and Since 2004, we have extended the reconciliation conference report. they are going to have to solve that Higher Education Act eight different I do have some concerns, as every- problem of how we keep the interest times. We have said: ‘What we have body does when they pass a bill. I am rate at 3.4 percent or lower, or match now is good enough, so we cannot reach the only accountant in the Senate, so up to higher rates, because they all any other kind of a decision. So let’s when we look at some of this stuff and have a cost. just extend it again.’ I do not want to the way we score things, I do have Now, how does that cost get handled? have a ninth extension. I want to get some difficulties with it. We need to be Well, it does not make a whole lot of the job done. aware of them because these are going difference to the banks because we sub- There are some great things. We have to come back to bite us later. sidize them up to a level, and we hundreds of pages. The bill is that One is the chart the Senator from change that from time to time too. The thick, for reauthorization, that does New Hampshire used earlier, which subsidy is what we have been talking good things for students. This is the shows how scoring works around here, about in this reconciliation bill. You part we are talking about we have not and that is that you can provide bene- can offer this lower rate to the stu- done yet. This has stuff in it that needs fits, and then if you can end the scor- dents, and then we will provide a sub- to be done, and we can do it.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.034 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11263 The agreement in the Senate on this sands from across the country who a quarter century, I can attest to the was 95 to 0. You don’t get more bipar- have gathered in Boston, to remember unrivalled depth of his understanding tisan than 95 to 0. I am pretty sure if the lives of two of our Massachusetts of our Nation’s military, and was the other five people would have been firefighters, Paul Cahill and Warren grateful to have the opportunity to call here, it would been 100 to 0. That is Payne, who were laid to rest yesterday upon him innumerable times over the agreement. That is because this des- and today in West Roxbury and Dor- years for his wise counsel. perately needs to be done. I am glad chester. A week ago, Warren and Paul, In addition to his commitment and the House is going to take a look at it. lost their lives in heroically combating dedication to our military and to a In fact, the chairman told me that they a 4-alarm fire in West Roxbury. We strong national defense, JOHN WARNER would be using this bill as a blueprint. proudly honor the memory of these two is also the embodiment of the finest I assured him if he used that as a heroes who gave their lives so coura- traditions of the Senate. Deliberate, blueprint and took the wording that geously and unselfishly in the line of thoughtful, and principled, over the goes with it, it can be done reasonably. duty. We are deeply grateful for their past 28 years he has shown us all that Around here we usually do not do that service, and we mourn their loss. we can disagree without being dis- sort of thing, though, because each of Paul Cahill was 55 and a father of agreeable, and that the demands of us has to get a fingerprint on every- three children. He had previously party must yield to the demands of the thing, and that slows down the process served in the U.S. Navy and he joined American people that we do our very sometimes. But I suspect it will be fair- the Boston Fire Department in 1993. best to support our armed forces in ly close to what we have done here. It Warren Payne was 53, and a father of their all-important missions for our needs to be done as soon as possible. two children. He had been a firefighter country and our future. Now, I began my thank-yous earlier. for 19 years, and was not scheduled to Time after time, he has dem- I want to finish my thank-yous and my be on call that night, but he had agreed speech. Besides Katherine McGuire and onstrated his courage, decency and Beth Buehlmann on my staff, I wanted to help a friend. high principles in the Senate, whatever Both Paul and Warren were men of to thank Ann Clough, Adam Briddell, the partisan passions of the moment. Amy Shank, Ilyse Schuman, Greg immense bravery and dedication, and That is who JOHN WARNER is—someone Dean, and Kelly Hastings. were committed to the lives and the who thinks long and hard about impor- I would be very remiss if I did not well-being of their community. Each tant decisions, and then does what he thank the members of Senator KEN- day they served our city, they were feels is right. NEDY’s staff for their hard work and co- ready to place themselves on the front I am sure he and Jeanne thought long operation: Michael Myers, Carmel Mar- lines, and the people of Boston will and hard about the decision to retire tin, JD LaRock, Missy Rohrbach, and never forget their outstanding service from the Senate, and I know it wasn’t Erin Renner. and the difference they made. an easy call. He will leave enormous Finally, I would like to thank all of My heart is in Boston today with the shoes to fill for the next person elected the members of the HELP Committee firefighters from across the country, to serve the people of Virginia in this and their staffs for their hard work and especially those from Engine 30, body. throughout this process. This has been Ladder 25 in West Roxbury. They did I will miss serving side by side with one of the most contentious commit- the job they loved to do. May God bless JOHN WARNER in the next Congress, but tees in years past. When we are work- Paul and Warren, and all of their fam- I am grateful we will have him here in ing on education and health, this is one ily and friends who have gathered in the Senate for the coming year, espe- of the most cooperative committees in Boston to grieve for them. cially, as we work to find answers to the Senate. f the extraordinarily complex and dan- We do intend to make progress in all gerous situation we confront in the TRIBUTE TO JOHN WARNER four of the areas that we work in. We Middle East. I am sure that all of us got the pensions area pretty well Mr. KENNEDY. Mr. President, it is admire him for his statesmanship and wrapped up last year. There has been a with a touch of sadness that I speak leadership. little technical correction portion that about my friend, the senior Senator And we are especially grateful for his we have to get done yet. from Virginia, JOHN WARNER, who an- friendship, which extended to my There are always different things in nounced last week that he will not brothers Jack and Bobby as well. the pension area. But we made some seek a sixth term and will return to We will miss him very much. significant changes in the labor area the Commonwealth he loves so well fol- f last year, too, that have come to light lowing the conclusion of the 110th Con- in recent weeks with the first change, gress. We will miss our friend, our col- MORNING BUSINESS the biggest change in mine safety in 28 league, and one of our finest and most Mr. KENNEDY. Mr. President, I ask years. We will be reviewing the tragedy respected members. unanimous consent that the Senate that happened in Utah to see how that JOHN WARNER is a true American pa- proceed to a period of morning business fits in with what we did or did not get triot, who has spent his life serving the with Senators permitted to speak for accomplished and will look at future public good. From volunteering to up to 10 minutes each. changes. serve in World War II at the age of 17, The ACTING PRESIDENT pro tem- But it took us 28 years to make the to his service as Secretary of the Navy pore. Without objection, it is so or- first major change. It will not hurt if it and his years among us in the Senate, dered. gets to 24 or 28 months before we get his life has been defined by a commit- The senior Senator from Oregon is the reports in that help us to analyze ment of service to others. any other changes that we need to recognized for 10 minutes. First and foremost a Virginia gen- make. f Once again, I thank my colleague tleman, JOHN WARNER is also one of the greatest advocates our fighting men ADMIRATION FOR SENATOR from Massachusetts, Senator KENNEDY, KENNEDY for his tremendous effort, his tremen- and women have ever had in the U.S. dous knowledge, his capabilities to ex- Senate, consistently supporting their Mr. WYDEN. Mr. President, before he plain and come through with the ideas, interests regardless of the prevailing leaves the floor, we have seen with sometimes compromises, but quite winds. Chairman KENNEDY over the last 2 min- often a third way of doing things. It He was an extraordinary chairman of utes why he is so admired by Senators makes a huge difference in the result. the Armed Services Committee, where on both sides of the aisle. We have seen I yield the floor. he helped transform the Committee how he has engineered critically im- from a Cold War posture to a new focus portant bipartisan legislation that f on emerging threats, rapid techno- helps our working families in the edu- TRIBUTE TO PAUL CAHILL AND logical changes, and asymmetric war- cation area. We have heard him speak WARREN PAYNE fare. The changes he made helped usher eloquently about fallen firefighters. We Mr. KENNEDY. Mr. President, I the committee into the 21st Century. admire them so tremendously in Bos- pause for a moment today, with thou- As his colleague on the committee for ton and across the country. Of course,

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.035 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11264 CONGRESSIONAL RECORD — SENATE September 7, 2007 once again, when we think of Senator the Wall Street Journal with respect to in Boston, as the state was developing its WARNER—I will have more to say about health care. own plan for mandatory health insurance. After being sidelined for more than a dec- him in the days ahead—Senator KEN- There being no objection, the mate- ade, health care is once again a hot issue on NEDY has spoken for all of us this rial was ordered to be printed in the the U.S. political agenda. Two leading Demo- morning as he talked about how much RECORD, as follows: cratic presidential candidates, Sen. Barack we value Senator WARNER’s counseled IN HOLLAND, SOME SEE MODEL FOR U.S. Obama of Illinois and former Sen. John Ed- insight. I want him to know how much HEALTH-CARE SYSTEM wards of North Carolina, have backed the I appreciate his leadership and how (By Gautam Naik) idea of universal coverage and suggested much I value his counsel in the Senate. THE HAGUE.—The Netherlands is using ways to achieve it. California Gov. Arnold Mr. KENNEDY. I thank the Senator. competition and a small dose of regulation Schwarzenegger, a Republican, has pushed a Mr. WYDEN. Mr. President, I know to pursue what many in the U.S. hunger to proposal to require all state residents to ob- we are in morning business. I ask unan- achieve: health insurance for everyone, cou- tain health insurance, but he hasn’t been imous consent to speak on the health pled with a tighter lid on costs. able to strike a deal with state legislators to Since a new system took effect here last enact a plan. care issue for up to 20 minutes. The notion of competition among insurers The ACTING PRESIDENT pro tem- year, cost growth is projected to fall this year to about 3% after inflation from 4.5% in is nothing new to Americans. Most Ameri- pore. Without objection, it is so or- cans under 65 get insurance via their em- dered. 2006. Waiting lists are shrinking, and private health insurers are coming up with innova- ployer, which can compare plans and pick f tive ways to care for the sick. the one that it thinks offers the best cov- erage for the money. To cut costs, U.S. in- HEALTH CARE The Dutch system features two key rules: All adults must buy insurance, and all insur- surers bargain with doctors for discounted Mr. WYDEN. Mr. President, Senator ers must offer a policy to anyone who ap- rates and try to weed out overbilling and BENNETT of Utah and I have brought to plies, no matter how old or how sick. Those frivolous treatments. the Senate the first bipartisan uni- who can’t afford to pay the premiums get The system has failed to stop U.S. health versal health care coverage legislation help from the state, financed by taxes on the costs from shooting up, and it has left many doctors complaining that their medical judg- in more than 13 years. I thought today well-off. The system hinges on competition among ment is being second-guessed by bean I would open my remarks on health counters. It isn’t clear that a Dutch-style care in something of a light fashion. insurers. They are expected to cut premiums, persuade consumers to live healthier lives, system, also centered on insurer competi- There is a brand new study that has re- and push hospitals to provide better and tion, could do any better. Dutch doctors cently found Americans are no longer lower-cost care. were among the most vociferous opponents the tallest people in the world. Over Some are already taking unusual steps. of an overhaul and many remain skeptical. the past 50 or so years, the U.S. popu- The insurance company Menzis has opened Still, there are some differences in the lation has lost that status and now three of its own primary-care centers to Dutch way that may work to its advantage. One is the emphasis on individuals buying ranks among the shortest among in- serve the patients it insures, and plans to open dozens more in a move to lower costs. coverage. In the U.S., employers tend to be dustrialized countries. The Netherlands poor buyers of health care. They’re unfa- now holds the honor for the tallest na- Rival UVIT offers discount vouchers to cus- tomers who buy low-cholesterol versions of miliar with the needs of the people actually tion. The authors of this new study yogurt, butter and milk. using the health care—their employees—and speculate this change may stem from To prevent insurers from seeking only it is difficult for a large company to switch the fact that most other affluent coun- young, healthy customers, the government insurers. tries have health care systems that compensates insurers for taking on higher- By putting the onus on consumers, Dutch cover their entire population and that risk patients. Insurers get a ‘‘risk-equali- officials hope that more people will get the particularly healthy lifestyles and zation’’ payment for covering the elderly and coverage they need. The ‘‘risk equalization’’ that helps Dutch insurers cover sicker people healthy diets are also significant fac- those with certain conditions such as diabe- tes. to pay her back about $676 for gym mem- is also critical. In the U.S., competition tors. among insurers often means competition to Senator BENNETT is 6 foot 6. I am 6 bership—provided Ms. Boel lost 7.5% of her weight in 15 months. find the healthiest customers, especially in foot 4. We would like our country to The 45-year-old, who lives in the town of the individual market. get its rightful position back as the Tilburg, says she stopped eating french fries The Netherlands began to overhaul its leader among nations in the height de- and pizza and took up an intensive regimen health system in 1987 after a government partment. We think part of what is of walking, cycling and rowing. She met her committee concluded that the best approach going to be necessary to do that, in all weightloss target and used the gym-member- was ‘‘managed competition,’’ the idea first ship rebate to buy some new clothes. proposed by Prof. Enthoven of Stanford. seriousness, to make our health poli- The task was enormous. The country had Ms. Boel now hopes to manage her diabetes cies more health focused rather than four different coverage schemes. The more efficiently and lose more weight. ‘‘I just spending on health care, is to wealthiest third of the population was re- don’t like exercising,’’ she says, ‘‘but at least adopt some fresh policies. We have quired to get health insurance without gov- I can now walk without a stick.’’ That’s wel- ernment assistance. Some in this group re- been particularly interested this week come news to UVIT. Says spokesman Bert ceived help from employers in paying pre- because the Wall Street Journal, which Rensen, ‘‘Once she stops using insulin, which miums, while others paid the whole bill colleagues know displays a preference we pay for, it will save us £900 [about $1,200] themselves. The bulk of the Dutch popu- for private health care sector solu- a year.’’ tions, has written a fascinating front lation was covered under a compulsory state- LIKELY OPPOSITION run health-insurance scheme financed by de- page article this week on the special What works in the Netherlands, a small ductions from wages. Civil servants and accomplishments in Holland with re- country of 16.6 million people, may not read- older people were insured under two separate spect to health care. I have long been ily apply to America. A Dutch-style scheme plans within this state-run scheme. of the view that as we look finally to would likely raise opposition among U.S. The government closely regulated hospital accomplishing what this country has doctors and Republicans who are cautious budgets and doctors’ fees, but provided few not been able to do for 70 years, which about higher taxes. But many U.S. states are incentives to cut costs. When hospitals lost is to get all Americans good quality, similar in size, and one, Massachusetts, is al- money on a particular kind of care, they ra- affordable health care, we are going to ready experimenting with a universal-cov- tioned it. Many patients ended up on waiting erage scheme. lists. have to devise our own system. It is ‘‘The lesson for America is that this is People in line for heart transplants were not going to be possible to import some what we ought to do,’’ says Alain Enthoven, particularly affected. In the mid-1990s, fewer other country’s system of health care a professor at Stanford University. than three Dutch people per million received to our Nation and pretty much plop it Three decades ago, Prof. Enthoven pub- such transplants. By comparison, a study of down on the United States and say: lished a pioneering proposal for what he 12 European countries showed that only This is the way to go. called ‘‘managed competition,’’ a version of Greece had a lower rate of such operations. But as the Wall Street Journal said which the Dutch have now adopted. ln the U.S., there were about nine heart in their article this week, there are The Enthoven plan partly inspired the transplants per million people. Clinton administration’s failed health-care In 1999, waiting lists increased by 2%, de- some important lessons to learn as it overhaul effort in the 1990s. It has now come spite a $54 million initiative to reduce them. relates to the experience of other coun- full circle. Last October, an economist from ‘‘Dead on the waiting list,’’ read one cover tries. the Dutch health ministry was invited to de- story of Vrij Nederland, a weekly magazine I ask unanimous consent to print in scribe his country’s new approach to about 50 that, like other Dutch media, relentlessly the RECORD this front page article from Massachusetts politicians and policy makers criticized the country’s health system.

VerDate Aug 31 2005 03:56 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.036 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11265 ‘‘We felt frustrated,’’ recalls Hans erlands. On a visit to Germany last year, Mr. between our bipartisan legislation and Hoogervorst, who was the health minister Hoogervorst boasted that thanks to his the experience of the Dutch. For exam- from 2003 to early 2007 and a major force in country’s switch to private insurance paid ple, both in Holland and in the United pushing through the overhaul. by individuals, ‘‘no other European country States under our proposal, there would Though the Dutch still enjoyed better has a population so keenly aware of the costs health than the residents of many developed of their health-care insurance.’’ be a requirement that individuals countries, standards were slipping. Between Now that they see the bills more clearly, would have to purchase their own 1960 and 2000, the increase in Dutch life ex- some consumers feel their payments have health insurance. Insurers under our pectancy was 4.5 years, while its neighbors, gone up. In one survey mainly of labor-union proposal, as in Holland, would not be Germany and Belgium, showed far better in- members, about 70% said they were finan- able to discriminate against individ- creases of 8.1 and 7.1 years, respectively, ac- cially worse off in some ways. uals who have had illnesses. We saw in Insurers get risk-equalization payments cording to the Organization for Economic the movie ‘‘Sicko’’ that wonderful Cooperation and Development. In the U.S., for patients with about 30 major diseases. They can use these to offer discounted pre- scene with the ‘‘Star Wars’’ music de- the increase was nearly seven years. scribing all the various conditions that As in the U.S., medical costs began to in- miums and programs tailored to those with crease, driven by an aging population and heart disease, diabetes and other ailments. individuals might have that would ex- the increased use of expensive new tech- One shortcoming is that many diseases clude them from insurance coverage. nology. Between 2000 and 2004, Dutch health aren’t subject to risk equalization. The ex- That would be illegal under what Sen- cluded diseases—such as migraine head- spending as a share of gross domestic prod- ator BENNETT and I are advocating. It aches—are harder to diagnose and their uct shot up to 10% from 8%. is illegal, according to the Wall Street In late 2004, the Dutch House of Represent- treatment costs are harder to predict. ‘‘Seen from the side of migraine patients, this is Journal, in the Netherlands. atives passed a law to usher in mandatory highly unfair,’’ says Peter Vriezen, president Finally, in the Netherlands and health insurance and switch people on state- of the Dutch Headache Patients Association. under our legislation, there is a sharp run insurance to private carriers. But family The real test of the Dutch approach is yet and specific focus on prevention and doctors fretted that it would allow insurers to come: Can insurers push hospitals to wellness. The tragedy in our country to interfere in medical decisions, for example lower their costs and improve their quality? by pushing cheaper drugs. is, we don’t have health care at all. Insurers have clout because they can direct What we largely have is sick care. The following May, thousands of Dutch large numbers of patients toward particular general practitioners went on a three-day hospitals. But, in a holdover from the old Medicare shows this probably more strike. Some tied their hands together with system, insurers can currently negotiate clearly than anything else. Medicare rope to symbolize their helplessness. In re- prices * * *. The figure will rise to 20% by Part A will pay huge expenses for sen- sponse, Mr. Hoogervorst promised to provide the end of this year, and continue to go up. ior citizens’ hospital bills. The check some protections for doctors in the new leg- Because Dutch hospitals used to receive islation. One of them was that patients goes from the Government to the hos- fixed prices for their services, and got more pital. But Medicare Part B, on the wouldn’t bear a big financial cost if they money for more service regardless of quality, chose to go to a doctor not under contract they had little incentive to improve their other hand, will pay for virtually noth- with their insurer. Soon after, the senate ap- care. Under the new system, insurers should ing for prevention and keeping people proved the new plan. be providing that incentive, but Mr. well. Senator BENNETT and I seek to It took effect on Jan. 1, 2006. Despite pre- Hoogervorst acknowledges, ‘‘Thee’s still a change that. For the first time under dictions of chaos, the changeover was sur- long way to go to increase competition our legislation, Medicare would be au- prisingly smooth. The government set up a among hospitals.’’ thorized to discount the premiums for Web site where consumers could analyze in- MARKET INCENTIVES surers’ offerings. Consumers were allowed to seniors who lower their blood pressure, One concern is the potential for overcon- switch insurers once a year. As 2006 ap- lower their cholesterol, practice good centration among insurers. UVIT, for exam- proached, the health ministry predicted that health in their individual lives. I am ple, is the result of a merger between four in- struck by this Wall Street Journal ar- only 5% would bother. Instead, nearly 20% of surers. ‘‘If eventually you have only three or people switched, either to get a better price five insurers, you might wonder how many ticle, where insurers in Holland are or because they were dissatisfied with their market incentives will remain,’’ says Niek adopting much the same kind of ap- insurer. Klazinga, professor of social medicine at the proach. The article states on the front PREMIUM WAR University of Amsterdam. page that insurers now are offering dis- Consumers also benefited from a premium Last fall, Prof. Enthoven delivered a counts to customers who buy low cho- war as insurers made a grab for market speech to health economists in Rotterdam. lesterol versions of yogurt, butter, and He congratulated the Dutch for being ‘‘in the share. The Dutch health ministry had pre- milk. dicted that insurers in 2006 would price the lead’’ in health-care change. However, he cautioned, ‘‘you still have considerable work The point is, worldwide the message annual mandatory premium at an average of is getting out. Prevention works. £1,106, or about $1,500. Instead, market forces ahead of you to transform your present suc- set it at £1,028, 7.6% lower. This year, it has cess with insurance’’ into a system that de- Wellness, a new focus on personal re- risen to £1,103, partly because of an easing in livers improving care. sponsibility, and keeping our citizens the price war. That’s still less than the £1,134 Some insurers are taking unusual steps to healthy makes sense. They are doing it the government predicted for 2007. get there. Menzis rewards doctors with bo- in Holland. The Wall Street Journal de- Included in the overhaul was a deal the nuses if they prescribe generics instead of scribes the positive benefits there. I more expensive branded drugs. UVIT ranks government negotiated with generic-drug and Senator BENNETT, along with our makers to cut prices by about 40%. The ge- hospitals based on the quality of care. To put pressure on Dutch hospitals, some cosponsors, Senators BILL NELSON, neric-drug makers made up for some of their insurers let patients go to other countries lost revenue by reducing the rebates and bo- LAMAR ALEXANDER, and JUDD GREGG, where high-level care for certain ailments nuses they provided to pharmacists to rec- are trying to build a bipartisan coali- costs less. Thea Gerits, 71, went to Germany ommend their drugs to customers. From 2004 tion in the Senate to do exactly the for a hip replacement and spent four weeks through 2006, annual drug spending grew at same. in a rehabilitation center there, receiving an average annual rate of 2.8%, down from Our legislation, the Healthy Ameri- physical therapy and enjoying yoga, mas- 9% annual growth earlier in the decade. sages and mud baths. cans Act, would require that everyone Insurers have taken a hit, though. UVIT, UVIT paid the $19,000 bill. It says the same not on Medicare or in the military which has more than four million customers, amount in the Netherlands would buy only would have to purchase private health was forced to open a 200-person call center to the surgery and basic therapy. Ms. Gerits insurance. But to make sure that is do- help consumers switch between plans. In came home happy, and soon was riding her 2005, UVIT had total revenue of about $7.6 able, we fix the broken marketplace. bicycle again. ‘‘I got lots of attention,’’ she Under our legislation, private insur- billion and made a profit of about $202 mil- says. * * *. lion from health insurance, which is its main Mr. WYDEN. I am going to read one ance companies wouldn’t be able to business. Last year, the company’s health paragraph at the outset of the article: cherry-pick. They wouldn’t be able to business posted a loss of $30 million. UVIT take just healthy people and send sick Since a new system took effect here last expects to return to profitability this year, people over to Government programs partly by negotiating lower prices with hos- year, cost growth is projected to fall this year to about 3 [percent] after inflation from more fragile than they are. They pitals. couldn’t discriminate against those In most European countries, consumers 4.5 [percent] in 2006. Waiting lists are shrink- have no idea what their health insurance ing, and private health insurers are coming with illnesses. They would have to costs because they are covered by national up with innovative ways to care for the sick. spread risks through large groups of health-insurance schemes financed by pay- What struck Senator BENNETT and I people. Right now essentially much of roll taxes, as used to be the case in the Neth- is, there is an awful lot of comparison the private insurance business is about

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.027 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11266 CONGRESSIONAL RECORD — SENATE September 7, 2007 filtering out those people who have ill- has said the proposal now being spon- across the country and to our tax- nesses and finding a way to cover just sored by five Members of the Senate payers. So the costs of delay are very those who are healthy. Our legislation would slow the rate of growth in health direct and immediate. would change that. care spending by $1.5 trillion. Second, with respect to employer- We also take critical steps to make I know the distinguished Presiding based coverage, the new numbers indi- sure that if you are going to require Officer has a great interest in health. cate the number of employers offering that people purchase coverage, you We are so pleased he is here because we coverage has now fallen below 60 per- have generous subsidies for folks with have worked together on these issues cent. It is pretty easy to see why, with modest incomes. What Senator BEN- often. It is clear this is the premier do- these double-digit premium hikes, NETT and I propose—and apparently mestic issue of our time. A combina- Price Waterhouse says health costs are they are doing something along these tion of today’s demographics with a going to average, this year, a little lines in Holland—is to subsidize those rapidly aging population, escalating over 11 percent. A lot of our employers up to 100 percent of poverty completely costs, the huge increase in chronic ill- want to do the right thing by their and for those between 100 percent of ness, our current health care system is workers and simply cannot offer cov- poverty and 400 percent of poverty, not sustainable. It is not one we can erage. there would be a partial subsidy. The put on automatic pilot and say: Let us If this Congress decides to stand most generous subsidies of any pro- run it this way for years and years in down on the question of overhauling gram anywhere in our country would the future. health care and say, ‘‘Let’s just wait be offered under this legislation that The tragedy is with all the wonderful until 2009,’’ you are going to see more we are offering, with Senators ALEX- doctors and hospitals and nurses in businesses in Ohio, in Oregon, and ANDER, GREGG, and NELSON of Florida. Ohio and Oregon, all across the coun- across this country lose coverage. I do How do we pay for it? The Lewin try, we are spending enough money on not think we ought to sit by and just Group, which is kind of the gold stand- health care to do this job. We are sim- let our coverage continue to melt away ard for looking at health policies, ply not spending it in the right places. along the lines of these statistics that scored the administration’s ap- To give an idea of how out of whack I mentioned. proaches, many of the States and ours American health care spending is, for Finally, on the question of preven- and said we can find a lot of the sav- the amount of money we are spending tion and what Holland is doing, and ings under our legislation through an today, $2.3 trillion, 300 million of us in what we are seeking to do in the administrative process that establishes the country, you divide 300 million into Healthy Americans Act, there is a very that once you sign up in Ohio, once you $2.3 trillion, and you could go out and significant cost with respect to chronic sign up in Oregon or anywhere else in hire a doctor for every seven families illness as it relates to doing nothing to the country, you are in for life. You in the United States and say: Doctor, change our policies. The new numbers don’t have to sign up again and again your job will be for this year to take with respect to chronic illness indicate and again. In my State, my guess is it care of seven families, and we will pay that in 31 States over the last year obe- is very similar to the situation in Ohio, you $200,000 a year. sity has risen once again; of course, My experience, I say to the Acting if you are on Medicaid, there is some- there is a direct link here between President pro tempore, is that when I thing like 31 or 32 categories of cov- heart and stroke and diabetes and so bring this up to physicians at home in erage. A poor person has to try to many illnesses. Not one State—not Oregon, they say: Ron, where do I go to squeeze themselves into one of those one—experienced a decline. boxes in order to get coverage. It is de- get my seven families? It sounds pretty So if the Congress says: Well, we will grading to the poor and a big waste of good to be able to get back into the pass on overhauling American health money. business of practicing medicine again care until 2009, we can expect to have What Senator BENNETT and I have of- and advocating for my patients rather missed another opportunity—yet an- fered is a one-stop process so you sign than going through all this paperwork other opportunity—for doing some- up once, and everything else from that and bureaucracy and redtape. point on is essentially accomplished So we are spending enough on health thing about enacting health care poli- through the magical world of elec- care today. We are not spending it in cies that put a new focus on prevention tronic transfers. An individual’s con- the right places. That is what they and wellness. tribution would be taken out of their have begun to change in Holland, ac- So this question of waiting for 2 more paycheck while they are working. Ours cording to the Wall Street Journal this years and saying: Let’s just spend our is fully funded. week. That is what I and Senator BEN- time looking at what the various can- There is an opportunity for bipar- NETT and our colleagues on both sides didates for President from both polit- tisan cooperation, particularly should of the aisle are seeking to do in the ical parties are saying about health the Bush administration want to assist Senate. care—certainly it is getting a lot of at- in this effort. For example, every sin- One last comment, Mr. President. I tention in terms of debates on TV and gle economist who has come before the know there is a hectic schedule for all all of us trying to look at the various Finance Committee, before the Budget Senators, and certainly the Senator merits of the candidates’ proposals; Committee, has talked about the Tax from Ohio. and they are good people; and they Code as it relates to health care dis- The question is whether there should have good suggestions—but I want to proportionately favoring the most af- be action now or the Congress should make it clear to the Senate there are fluent and rewarding inefficiency at simply wait for another Presidential very real costs of waiting to fix health the same time. To put it another way, election. Here are the consequences of care. if you are a high-flying CEO in the waiting for several more years. The I think the question of fixing health United States, if you want to go out Census Bureau reported last week that care is so urgent we ought to get on and get a designer smile put on your 2.2 million additional Americans were with it, and we ought to get on with it face, you can write off the cost of that without health insurance between 2005 in a bipartisan way, which is what I service on your taxes. But if you are a and 2006. If this Congress waits a cou- and Senator BENNETT are trying to do. hard-working woman without any ple of years more, we can expect that We are very proud to have been able to health plan and a local furniture store, number to increase and the number get the support of business and labor you get nothing. So I and Senator BEN- without coverage in this country to leaders. NETT redirect the current tax expendi- hemorrhage further. When we offered the initial proposal, tures. They are the biggest part of pri- That is a moral abomination, No. 1; Andy Stern, the president of the Serv- vate health care spending. and it is going to be costly to tax- ice Employees International Union, The Lewin Group establishes in their payers, No. 2, because those people stood on one side of me, and Steve analysis of our report that would en- very often will have to go to hospital Burd, the CEO of the Safeway com- sure we could expand coverage over the emergency rooms to get their coverage. pany, a very large Fortune 500 com- next few years without any additional Of course, those bills will be passed on pany, stood on the other side. We had cost to taxpayers. The Lewin Group to businesses in Ohio and Oregon and individuals such as Ron Pollack, of

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.037 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11267 Families USA, and advocates for com- Tuberculosis is an urgent global cri- Europe while infected with drug-resist- passionate end-of-life health care with sis that demands our attention and our ant tuberculosis. Luckily, his was not us as well. response. Two billion people—two bil- the most virulent strain. But his exam- The last time Congress looked at lion people—one-third of the world’s ple shows us clearly that this disease this—and the Acting President pro population, carry around with them does affect America and that more re- tempore, I think, remembers this—dur- the tuberculosis bacterium. As many sources for TB are needed to prevent, ing a period in the early 1990s, the peo- as 10 million to 15 million in the United identify, treat, and control extensively ple who stood with me for the kickoff States alone are infected with the TB drug-resistant tuberculosis. of the Healthy Americans Act were bacterium. Most will not get sick, but We need to heed that wakeup call and spending millions to pretty much beat many of them are in some jeopardy. act before it is too late. It is within our each other’s brains out. That was the Nine million people, practically the power. There is no mystery here. We last time the Congress and the Presi- population of my State of Ohio, become know what to do. We know how to dent, during the Clinton years, debated sick with active tuberculosis every treat and cure regular so-called garden- health care. year, and 1.6 million people will die. variety tuberculosis. We know how to So this is a different climate, cer- We struggle with many diseases that treat and cure multidrug-resistant tu- tainly a different climate for busi- are beyond our scientific under- berculosis in an overwhelming major- nesses in Ohio and Oregon. What I hear standing, but tuberculosis is not one of ity of cases. And we know how to treat, from businesses at home—unlike in them. These deaths are preventable. generally, extensively drug-resistant— 1993, the Clinton years, when they said: TB is the greatest curable infectious XDR-TB—tuberculosis and cure people We cannot afford fixing health care— killer worldwide. of that. It is within our means. Treat- they are now saying: We cannot afford Much of the good work of the legisla- ing regular, garden-variety TB costs the status quo. That is why they are tion this Senate passed last night will only $20 per person. It is a small price joining Senator BENNETT and I and oth- be undermined if we do not do a better to pay to save our lives. ers on these proposals. job of controlling tuberculosis. Our in- I thank my colleagues, including the My hope is as Congress looks at the vestments in development will do little junior Senator from Pennsylvania for evidence, whether it is the Wall Street to improve economic conditions if en- his support of this issue. Last night Journal reporting on promising devel- tire populations—as are so many in Af- was a victory for people in the devel- opments—very often people think of rica, especially, and India, especially— oping world who are so often victims of Europe and socialized countries—the are reeling from this disease. tuberculosis, who so often suffer from Combating TB is fundamental to sus- Wall Street Journal is putting on the that. It is also a victory for people in taining economic development in poor front page of the paper—a publication our country, a few of whom have TB, countries. My colleagues know this. that clearly favors private health care but most—but the many more people coverage—an example of a country in Congress—following the leadership of the Foreign Operations Subcommittee who are a plane ride away or are poten- Europe where they seem to be making tially exposed to this tuberculosis bac- great progress. Chairman, PAT LEAHY, and ranking member, JUDD GREGG—has made great teria. So as we devise our own system, one I thank my colleagues. that is uniquely American, I and Sen- strides in investing greater resources f ator BENNETT want to work with every in global health. Diseases such as HIV Member of the Senate—I think I can and malaria have received tremendous FOREIGN OPERATIONS speak for Senators BILL NELSON, increases over the past several years, APPROPRIATIONS and I hope this trend will continue. LAMAR ALEXANDER, JUDD GREGG, and Mr. FEINGOLD. Mr. President, I the others we have been talking to— Last night, the Senate did something about this. The amendment I offered strongly oppose coercive abortion or that we think this is the premier do- involuntary sterilization, and was last night, with Senators BROWNBACK, mestic issue of our time. Certainly, the pleased that the fiscal year 2008 For- conflict in Iraq is the premier national DURBIN, BOXER, and SMITH, added $90 million in funding for our international eign Operations Appropriations bill in- security issue. But the premier domes- cluded a provision prohibiting U.S. tic issue at home is fixing American efforts against tuberculosis, bringing total spending to $200 million. Un- funds from going to any organization health care. or program that directly supports such I think based on the evidence that doubtedly, that will save lives. Combating TB must go hand in hand horrific practices. Unfortunately, the comes in every day, we know what amendment offered by Senator needs to be done. Now the question is with the fight against HIV. Up to 50 percent of people who are HIV positive BROWNBACK undermined this provision making sure there is the political will by allowing the President to deny to go forward. I look forward to work- develop tuberculosis. As many as half the deaths from HIV in Africa actually funds to any organization or program ing with the Acting President pro tem- are deaths from tuberculosis. It is the that he claims supports such practices. pore, who has a great interest in these leading cause of death among people This administration has misused simi- matters, and all our colleagues. who are HIV positive all over the lar language to deny resources to the Mr. President, I yield the floor. United Nations Population Fund sim- Mr. President, I suggest the absence world. ply because this agency has programs of a quorum. HIV infection weakens a person’s im- The ACTING PRESIDENT pro tem- mune system, making it 50 times more in China, where the government prac- pore. The clerk will call the roll. likely that person will develop active tices coercive abortions to enforce its The legislative clerk proceeded to tuberculosis. So if someone is carrying one child policy. In fact, however, the call the roll. the TB bacterium in their body—as is a UNFPA’s program in China is specifi- Mr. BROWN. Mr. President, I ask third of the world’s people—if they get cally designed to pressure the Chinese unanimous consent that the order for infected with HIV or have some other to end the use of coercive tactics, and the quorum call be rescinded. disease or weakness—from malnutri- this amendment would undermine the The PRESIDING OFFICER (Mr. tion or something else—they are much good work that the UNFPA does. CASEY). Without objection, it is so or- more likely to develop active tuber- (At the request of Mr. REID, the fol- dered. culosis. lowing statement was ordered to be f To compound that, unchecked, drug- printed in the RECORD.) resistant tuberculosis, including deadly ∑ Mrs. CLINTON. Mr. President, as we TUBERCULOSIS XDR-TB, threatens to reverse progress consider legislation to provide funding Mr. BROWN. Mr. President, every made against AIDS and TB worldwide. for our important international devel- day an estimated 4,400 lives are lost In today’s world, extensively drug-re- opment and assistance programs, I around the world to tuberculosis—day sistant TB—so-called XDR-TB—poses a would like to take the opportunity to in, day out, yesterday, today, and to- grave public health threat never more highlight the issue of quality basic morrow. Fifteen lives will be lost, than a plane ride away. education and the ways in which in- roughly, in the few minutes of my re- This past June, we got a wakeup call creasing access to basic education can marks. when an American boarded a plane to improve social, economic, and health

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.038 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11268 CONGRESSIONAL RECORD — SENATE September 7, 2007 outcomes in countries around the entists, and teachers. These statistics This study will help ensure that the world. represent an unconscionable misuse of Veterans Administration dedicates the We cannot underestimate the impor- human potential—a misuse that we can funds needed to care for women vet- tance of efforts by our Government and and must remedy. erans. its partners around the globe to pro- I have introduced legislation—the I was pleased to support Senator vide access to education for girls and Education for All Act—that would en- BROWN’s amendment to ensure that the boys around the world. Basic education able the U.S. Government to make a Veterans Administration abides by ex- is the cornerstone for success in sus- significant commitment to reach the isting law which prohibits unnecessary tainable development. It has a pro- 2015 goal and help children in devel- studies on the privatization of VA found impact on the future of indi- oping countries, particularly areas ex- functions and requires public-private vidual children, their families, commu- periencing conflict or humanitarian competitions before outsourcing gov- nities, and nations. emergencies, have access to a quality ernment jobs. This bill also includes A population that can read, write, basic education. But I would also en- additional funds for the Beneficiary and think critically is far more likely courage my colleagues to support in- Travel Program, an important VA pro- to achieve democracy, economic creased appropriations for basic edu- gram that benefits numerous Wis- growth, and improved health. A 2004 re- cation programs, and as this legisla- consin veterans who live far from VA port by Barbara Herz and Gene tion moves forward, I will work with medical facilities. Sperling from the Center on Universal my colleagues to ensure that the The bill includes $15 million for fund- Education at the Council on Foreign United States is in the strongest posi- ing for gulf war illnesses research. I Relations detailed the benefits that re- tion to meet its 2015 goal and make strongly support research into treat- sult from investments in education, education for all a reality. This is not ments for these debilitating illnesses. particular for girls and women. A sin- only the right thing to do for the Nearly 200,000 gulf war veterans—one gle year of primary education cor- world’s children; it is right thing and in four of those who served—suffer relates with a 10 to 20 percent increase the smart thing to do for this country.∑ from chronic multisymptom illness as in women’s wages later in life, and a f a result of serving in the gulf, accord- study of South Asia and Sub-Saharan ing to the Department of Veterans Af- MILITARY CONSTRUCTION, VET- Africa found that from 1960 to 1992, fairs most recent study. These illnesses ERANS AFFAIRS AND RELATED equality in education between men and combine debilitating headaches, wide- AGENCIES APPROPRIATION ACT women could have led to nearly 1 per- spread muscle and joint pain, severe fa- cent higher annual per capita GDP Mr. FEINGOLD. Mr. President, I am tigue, cognitive problems, and other growth. pleased to support the fiscal year 2008 abnormalities. Current and future Nor is there any doubt that edu- Military Construction, Veterans Af- American military forces, as well as ci- cation saves lives. Educated children fairs and Related Agencies Appropria- vilians, are also at risk of similar expo- are less likely to contract HIV/AIDS tion Act. The bill includes funding for sure. and other deadly diseases. Oxfam esti- critical renovations and repairs to Yet according to members of the Re- mates that if all children completed military facilities and military family search Advisory Committee on Gulf primary education, 700,000 new cases of housing. The brave men and women of War Veterans Illnesses, of all the HIV/AIDS in young people could be pre- our Armed Forces are serving honor- money spent on research in this area— vented each year, totaling 7 million ably under intense strains in Iraq, Af- over $300 million over the past 12 cases in a decade. ghanistan and elsewhere. We must take years—only two studies have been done I would like to commend the Senate care of them and their families while on treatments. It is time to accept that for its efforts to significantly increase they serve and when they return. This these are serious neurological illnesses U.S. investments in basic education in bill reverses a disturbing trend in re- and shift research to the identification the developing world. Over the last 15 cent years by finally providing suffi- of treatments. A promising pilot pro- to 20 years, there has been dramatic cient funds to care for our Nation’s gram to identify treatments and diag- progress, particularly for girls, in veterans. I hope that we will have the nostic tests was initiated last year by school enrollment around the world. chance soon to vote for a conference re- the Department of Defense Congres- In 2000, our Nation made a commit- port reflecting the priorities in this sionally Directed Medical Research ment to the goal of achieving universal bill so that there will be no delay—as Program. I call on the Department to basic education by 2015. Through some there has been in recent years—in get- dedicate the funds appropriated in this of the initiatives and partnership in ting the Department of Veterans Af- act to the identification of treatments which our Government is participating fairs urgently needed funds. And I will for these illnesses. with its international partners, such as continue working to make sure that I understand that concerns have been the Education for All Fast Track Ini- this bill is only the beginning of a last- expressed about the Veterans Adminis- tiative, we have made progress. Since ing commitment to providing veterans tration leasing property at the West the Fast Track Initiative was launched the best health care and benefits avail- Los Angeles VA Medical Facility to in 2002, approximately 4 million chil- able. private enterprises that are inappro- dren each year—both boys and girls— I was particularly pleased that the priate for the hallowed grounds of a have gained access to school. Senate adopted my amendment requir- soldier’s home. I supported Senator But much more needs to be done. We ing that the Government Account- DEMINT’s unsuccessful amendment to are not on track to meet our 2015 goal. ability Office, GAO, study how the VA delete language from the bill prohib- In order to do so, we would need to help can best care for the mental health iting the VA from leasing excess prop- millions more children enter school needs of female veterans. I decided to erty at the West Los Angeles medical each year requiring a global financial introduce this amendment after hear- facility under any circumstances be- commitment of more than $7 billion ing concerns directly from Wisconsin cause I do not believe that this lan- every year. Of the 77 million children veterans about insufficient mental guage is in the best interests of vet- who are not in school, three-fifths are health services for women. The number erans. girls. Forty-three percent of all out-of- of women in the Armed Forces has The GAO has reported that, histori- school children are in countries af- grown rapidly, as has their exposure to cally, the VA has spent as many as 1 in fected by conflict and are often the combat. While the VA has taken im- 4 of its health care dollars on main- hardest to reach. Approximately half of portant steps to establish services for taining its facilities and land, includ- the school-age children who start pri- women, there is little data on how VA ing properties that are no longer fit for mary school do not complete it. And mental health care funds are being the provision of medical services and there are hundreds of millions more used to address the needs of women. In- are no longer in use. In order to better children who are denied the oppor- deed, mental health experts recently capitalize on its assets, the VA has tunity to complete a secondary school testified before the Congress that the conducted a nationwide review and pre- education to become the next genera- VA does not have the capacity to ad- pared a plan to make the best use of its tion of doctors, nurses, lawyers, sci- dress the needs of women veterans. property. This plan is supported by a

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.007 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11269 broad coalition of veterans service or- He was recalled to active duty in By Mr. LEAHY, from the Committee on ganizations, and Congress should take April 1951 for the Korean conflict and the Judiciary, without amendment: care before carving out exceptions to served as an infantry platoon leader. S. 1692. A bill to grant a Federal charter to this policy. This does not mean, how- Released from active duty in 1954, he Korean War Veterans Association, Incor- porated. ever, that just any lease will do. The then joined the Hawaii Army National VA must incorporate the views of local Guard as a first lieutenant. As a major, f veterans groups whenever it makes de- he was part of the National Guard call- INTRODUCTION OF BILLS AND cisions about how to utilize its prop- up in 1968 and served in the Republic of JOINT RESOLUTIONS erty and any lease must preserve the Vietnam, initially as the executive of- The following bills and joint resolu- integrity of the VA grounds. fice of an engineer battalion. Promoted tions were introduced, read the first This bill includes over $1 billion for to lieutenant colonel while on this National Guard and Reserve construc- and second times by unanimous con- tour, he served his last 4 months in sent, and referred as indicated: tion. For too long, the needs of the Na- Vietnam as commander of the same tional Guard and Reserve have not battalion. By Mr. SANDERS: been adequately funded even while S. 2031. A bill to amend the Social Security His National Guard service included Act to provide grants and flexibility through their responsibilities at home and varied command and staff positions. He demonstration projects for States to provide abroad have grown exponentially. This was promoted to brigadier general in universal, comprehensive, cost-effective sys- bill increases funds for the National 1980 and was assigned as the assistant tems of health care coverage, with simplified Guard and Reserve commensurate with adjutant general, Army. In 1982 he was administration; to the Committee on Fi- their growing responsibilities. appointed as the adjutant general, Ha- nance. I am concerned that the Department waii by Governor George Ariyoshi and By Mrs. MURRAY (for herself and Ms. of Defense, according to the report of was promoted to the rank of major CANTWELL): the Senate Appropriations Committee, general. He attended many military S. 2032. A bill to authorize the Secretary of Agriculture to carry out a competitive grant has ‘‘yet to provide a comprehensive service schools including the Army’s plan detailing the scope and cost of the program for the Puget Sound area to provide Command, General Staff College, and comprehensive conservation planning to ad- total military construction require- the Industrial College of the Armed dress water quality; to the Committee on ment’’ associated with the increase in Forces. His military decorations in- Agriculture, Nutrition, and Forestry. end strength of the Army and Marine clude the Distinguished Service Medal, By Ms. KLOBUCHAR (for herself and Corps. Nor has the Defense Department the Legion of Merit, the Bronze Star Mr. ROCKEFELLER): properly accounted for the tremendous Medal, the Meritorious Service Medal S. 2033. A bill to provide for greater disclo- increase in the cost of realigning its with cluster, the Army Commendation sure to, and empowerment of, consumers force structure. And I am concerned Medal, and numerous service medals. who have entered into a contract for cellular that the Defense Department is pro- In his civilian life, between tours of telephone service; to the Committee on Com- merce, Science, and Transportation. ceeding with major new construction active duty, he was an engineer with at Camp Lemonier in Djibouti even be- the Navy Civil Service at the Naval f fore the new AFRICOM commander has Ammunition Depot, Lualualei, Oahu. SUBMISSION OF CONCURRENT AND been confirmed, thereby undermining He started as a junior engineer in 1954 SENATE RESOLUTIONS the stated goal of creating a more co- when he was released from active duty. The following concurrent resolutions hesive and coordinated approach to se- He progressed to the director of the en- and Senate resolutions were read, and curity in Africa. As chairman of the gineering division and deputy public referred (or acted upon), as indicated: Subcommittee on African Affairs of works officer for the Naval Ammuni- By Ms. LANDRIEU (for herself and Mr. the Senate Foreign Relations Com- tion Depot. He retired from Federal VITTER): mittee, I am committed to ongoing civil service in 1982, when he was ap- S. Res. 310. A resolution commending the oversight of the role of our Armed pointed the adjutant general. city of Lafayette, Louisiana , for engaging in Forces in the overall U.S. strategy to- His wife is Leimomi—Momi— a year-long celebration of the 250th anniver- wards the African continent. Mookini Lum. She served for 32 years sary of the birth of Marie-Joseph-Paul-Yves- In conclusion, I am pleased that the with the Honolulu Police Department, Roch-Gilbert Du Motier, commonly known Senate voted today to support the as a police investigator, and retired in as the Marquis de Lafayette; considered and needs of members of the Armed Forces, 1982. Her last 20 years of police service agreed to. the Reserves, veterans and their fami- involved working in the juvenile crime By Ms. STABENOW (for herself, Mrs. DOLE, Mrs. CLINTON, Mr. MENENDEZ, lies. They have served our Nation self- prevention division of the Police De- lessly and deserve our enduring sup- Mrs. MURRAY, and Mr. WYDEN): partment. Together they have three S. Res. 311. A resolution supporting the port. children, Mrs. Angela Thomas, Mrs. goals and ideals of National Ovarian Cancer f Alexia Carvalho, and Mr. Oliver Lum, Awareness Month; considered and agreed to. RETIREMENT OF ALEXIS T. LUM and four granddaughters. f Mr. INOUYE. Mr. President, I would f ADDITIONAL COSPONSORS like to recognize a great American and MESSAGES FROM THE PRESIDENT S. 206 a remarkable man, who has an excep- Messages from the President of the At the request of Mrs. FEINSTEIN, the tional record of public service. He has United States were communicated to name of the Senator from Colorado honorably served our country with dis- the Senate by Ms. Evans, one of his (Mr. SALAZAR) was added as a cospon- tinction for over 43 years of active duty secretaries. sor of S. 206, a bill to amend title II of and National Guard Service, as well as f the Social Security Act to repeal the 16 years of service as my executive as- Government pension offset and wind- sistant. EXECUTIVE MESSAGES REFERRED fall elimination provisions. GEN Alexis Lum retired in February As in executive session the Presiding 1991 as the adjutant general for the Officer laid before the Senate messages S. 415 State of Hawaii Army National Guard. from the President of the United At the request of Mr. BROWNBACK, the His military service began in 1945, States submitting sundry nominations name of the Senator from South Caro- when he was drafted shortly after grad- and a withdrawal which were referred lina (Mr. GRAHAM) was added as a co- uating from Roosevelt High School in to the appropriate committees. sponsor of S. 415, a bill to amend the Honolulu. He served as an enlisted man (The nominations received today are Revised Statutes of the United States in the Pacific, attaining the rank of printed at the end of the Senate to prevent the use of the legal system staff sergeant. When discharged in 1947, proceedings.) in a manner that extorts money from he became a student at the University f State and local governments, and the of Hawaii where he received his bach- Federal Government, and inhibits such elor of science degree in civil engineer- REPORTS OF COMMITTEES governments’ constitutional actions ing and a ROTC commission as a sec- The following reports of committees under the first, tenth, and fourteenth ond lieutenant. were submitted: amendments.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.008 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11270 CONGRESSIONAL RECORD — SENATE September 7, 2007 S. 940 land (Mr. WHITEHOUSE) was added as a SUBMITTED RESOLUTIONS At the request of Mr. BAUCUS, the cosponsor of S. 1944, a bill to provide name of the Senator from Kentucky justice for victims of state-sponsored (Mr. BUNNING) was added as a cosponsor terrorism. SENATE RESOLUTION 310—COM- MENDING THE CITY OF LAFAY- of S. 940, a bill to amend the Internal S. RES. 292 ETTE, LOUISIANA, FOR ENGAG- Revenue Code of 1986 to permanently At the request of Mr. THUNE, his ING IN A YEAR-LONG CELEBRA- extend the subpart F exemption for ac- name was added as a cosponsor of S. TION OF THE 250TH ANNIVER- tive financing income. Res. 292, a resolution designating the SARY OF THE BIRTH OF MARIE- S. 988 week beginning September 9, 2007, as JOSEPH-PAUL-YVES-ROCH-GIL- At the request of Ms. MIKULSKI, the ‘‘National Assisted Living Week’’. name of the Senator from New York BERT DU MOTIER, COMMONLY (Mr. SCHUMER) was added as a cospon- f KNOWN AS THE MARQUIS DE LA- sor of S. 988, a bill to extend the termi- FAYETTE nation date for the exemption of re- REPORTS OF COMMITTEES Ms. LANDRIEU (for herself and Mr. turning workers from the numerical The following reports of committees VITTER) submitted the following reso- limitations for temporary workers. were submitted: lution; which was considered and S. 1145 agreed to: By Mr. LEAHY, from the Committee on At the request of Mr. LEAHY, the the Judiciary, without amendment: S. RES. 310 name of the Senator from Colorado S. 1692. A bill to grant a Federal charter to Whereas the Marquis de Lafayette was (Mr. SALAZAR) was added as a cospon- Korean War Veterans Association, Incor- born on September 6, 1757, and occupies an sor of S. 1145, a bill to amend title 35, porated. important place in the history of the United United States Code, to provide for pat- States; ent reform. f Whereas Lafayette demonstrated consider- able military skill, valor, and dedication as S. 1150 he fought alongside American revolutionary At the request of Mr. HATCH, the STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS fighters during their struggle for independ- name of the Senator from Kansas (Mr. ence, and was voted by Congress the rank ROBERTS) was added as a cosponsor of By Mrs. MURRAY (for herself and and commission of major general in the Con- S. 1150, a bill to enhance the State in- Ms. CANTWELL): tinental Army; spection of meat and poultry in the S. 2032. A bill to authorize the Sec- Whereas Lafayette’s military service was United States, and for other purposes. retary of Agriculture to carry out a invaluable to General George Washington during many Revolutionary War battles, S. 1161 competitive grant program for the earning him his reputation as ‘‘the soldier’s At the request of Mr. BINGAMAN, the Puget Sound area to provide com- friend’’; name of the Senator from North Caro- prehensive conservation planning to Whereas Lafayette’s leadership and mili- lina (Mr. BURR) was added as a cospon- address water quality; to the Com- tary ingenuity during the Battle of York- sor of S. 1161, a bill to amend title mittee on Agriculture, Nutrition, and town, Virginia, led to the defeat of British XVIII of the Social Security Act to au- Forestry. General Lord Charles Cornwallis and subse- thorize the expansion of medicare cov- Mrs. MURRAY. Mr. President, I ask quently the successful end to the American erage of medical nutrition therapy unanimous consent that the text of the Revolutionary War; Whereas Lafayette’s advocacy in France on bill be printed in the RECORD. services. behalf of the United States fostered positive S. 1175 There being no objection, the text of diplomatic relations and allowed for the At the request of Mr. DURBIN, the the bill was ordered to be printed in Louisiana Purchase; name of the Senator from Utah (Mr. the RECORD, as follows: Whereas Lafayette’s status as a native BENNETT) was added as a cosponsor of S. 2032 French speaker, in combination with his S. 1175, a bill to end the use of child Be it enacted by the Senate and House of Rep- dedication to democracy in America, soldiers in hostilities around the world, resentatives of the United States of America in prompted Thomas Jefferson to request that and for other purposes. Congress assembled, the Marquis serve as the Governor of Lou- isiana; SECTION 1. SHORT TITLE. S. 1316 Whereas Lafayette symbolizes the assist- At the request of Mrs. FEINSTEIN, the This Act may be cited as the ‘‘Puget Sound ance America received from Europe during name of the Senator from New Jersey Watershed Comprehensive Conservation the struggle for independence; Project Act of 2007’’. (Mr. MENENDEZ) was added as a cospon- Whereas United States aid to France dur- sor of S. 1316, a bill to establish and SEC. 2. COMPREHENSIVE CONSERVATION PLAN- ing the World Wars of 1917–1918 and 1941–1945 NING FOR PUGET SOUND AREA. stemmed in part from shared values of de- clarify that Congress does not author- (a) GRANT PROGRAM.— ize persons convicted of dangerous mocracy and freedom, which Lafayette (1) IN GENERAL.—The Secretary of Agri- strongly supported; crimes in foreign courts to freely pos- culture (referred to in this Act as the ‘‘Sec- Whereas the friendship between the people sess firearms in the United States. retary’’) shall carry out a competitive grant of the United States and France has not di- S. 1494 program for the Puget Sound area to provide minished; At the request of Mr. DOMENICI, the comprehensive conservation planning to ad- Whereas continued relationships between name of the Senator from Rhode Island dress water quality. the United States and France are important (2) COOPERATIVE AGREEMENTS.—The Sec- (Mr. WHITEHOUSE) was added as a co- to the success of our global partnerships; retary shall enter into cooperative agree- Whereas the town of Vermilionville, Lou- sponsor of S. 1494, a bill to amend the ments with State and local governments, In- Public Health Service Act to reauthor- isiana, was renamed Lafayette in 1884 in dian tribes, or nongovernmental entities honor of the Marquis de Lafayette; and ize the special diabetes programs for with a history of working with agricultural Whereas the city of Lafayette, Louisiana, Type I diabetes and Indians under that producers to carry out projects under the in the heart of the Acadiana region, exhibits Act. program. a rich French heritage: Now, therefore, be it S. 1621 (b) ASSISTANCE.—In carrying out the pro- Resolved, That the Senate— gram, the Secretary may— At the request of Mr. CONRAD, the (1) honors the Marquis de Lafayette on the (1) provide project demonstration grants names of the Senator from New Mexico 250th anniversary of his birth; and and technical assistance and carry out infor- (2) commends the city of Lafayette, Lou- (Mr. BINGAMAN) and the Senator from mation and education programs to improve isiana, for engaging in a year-long celebra- Georgia (Mr. CHAMBLISS) were added as water quality in the Puget Sound area by re- tion of this anniversary. cosponsors of S. 1621, a bill to amend ducing soil erosion and improving sediment f the Internal Revenue Code of 1986 to control; and treat certain farming business machin- (2) provide a priority for projects and ac- SENATE RESOLUTION 311—SUP- ery and equipment as 5-year property tivities that directly reduce soil erosion or PORTING THE GOALS AND for purposes of depreciation. improve water quality. IDEALS OF NATIONAL OVARIAN (c) AUTHORIZATION OF APPROPRIATIONS.— CANCER AWARENESS MONTH S. 1944 There is authorized to be appropriated to the At the request of Mr. LAUTENBERG, Secretary $5,000,000 for each of fiscal years Ms. STABENOW (for herself, Mrs. the name of the Senator from Rhode Is- 2008 through 2012 to carry out the program. DOLE, Mrs. CLINTON, Mr. MENENDEZ,

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.017 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11271 Mrs. MURRAY, and Mr. WYDEN) sub- Mr. KENNEDY. Mr. President, I ask MILITARY CONSTRUCTION, DEFENSE-WIDE mitted the following resolution; which unanimous consent that Lily Clark, a (INCLUDING TRANSFER OF FUNDS) was considered and agreed to: fellow in my office, be granted the For acquisition, construction, installation, S. RES. 311 privilege of the floor for the remainder and equipment of temporary or permanent pub- lic works, installations, facilities, and real prop- Whereas ovarian cancer is the deadliest of of this session. erty for activities and agencies of the Depart- all gynecological cancers, and the reported The ACTING PRESIDENT pro tem- ment of Defense (other than the military depart- incidence of ovarian cancer is increasing pore. Without objection, it is so or- ments), as currently authorized by law, over time; dered. $1,758,755,000, to remain available until Sep- Whereas ovarian cancer is the 5th leading tember 30, 2012: Provided, That such amounts of cause of cancer deaths among women in the f this appropriation as may be determined by the United States; Secretary of Defense may be transferred to such Whereas all women are at risk for ovarian MILITARY CONSTRUCTION AND appropriations of the Department of Defense cancer, and 90 percent of women diagnosed VETERANS AFFAIRS APPROPRIA- available for military construction or family with ovarian cancer do not have a family TIONS ACT, 2008 housing as the Secretary may designate, to be history that puts them at higher risk; On Thursday, September 6, 2007, the merged with and to be available for the same Whereas the Pap smear is sensitive and purposes, and for the same time period, as the specific to the early detection of cervical Senate passed H.R. 2642, as amended, as appropriation or fund to which transferred: cancer, but not to ovarian cancer; follows: Provided further, That of the amount appro- Whereas there is currently no reliable and Strike out all after the enacting clause priated, not to exceed $154,728,000 shall be avail- easy-to-administer screening test used for and insert: able for study, planning, design, and architect the early detection of ovarian cancer; That the following sums are appropriated, out and engineer services, as authorized by law, un- Whereas many people are unaware that the of any money in the Treasury not otherwise ap- less the Secretary of Defense determines that ad- symptoms of ovarian cancer often include propriated, for military construction, the De- ditional obligations are necessary for such pur- bloating, pelvic or abdominal pain, difficulty partment of Veterans Affairs, and related agen- poses and notifies the Committees on Appropria- eating or feeling full quickly, and urinary cies for the fiscal year ending September 30, tions of both Houses of Congress of the deter- symptoms, among several other symptoms 2008, and for other purposes, namely: mination and the reasons therefor. that are easily confused with other diseases; Whereas due to the lack of a reliable early TITLE I MILITARY CONSTRUCTION, ARMY NATIONAL screening test, 75 percent of cases of ovarian DEPARTMENT OF DEFENSE GUARD For construction, acquisition, expansion, re- cancer are detected at an advanced stage, MILITARY CONSTRUCTION, ARMY when the 5-year survival rate is only 50 per- habilitation, and conversion of facilities for the For acquisition, construction, installation, cent, a much lower rate than for many other training and administration of the Army Na- and equipment of temporary or permanent pub- cancers; tional Guard, and contributions therefor, as au- lic works, military installations, facilities, and Whereas if ovarian cancer is diagnosed and thorized by chapter 1803 of title 10, United real property for the Army as currently author- treated at an early stage before the cancer States Code, and Military Construction Author- ized by law, including personnel in the Army spreads outside of the ovary, the treatment ization Acts, $478,836,000, to remain available Corps of Engineers and other personal services is potentially less costly, and the survival until September 30, 2012. necessary for the purposes of this appropriation, rate is as high as 90 percent; MILITARY CONSTRUCTION, AIR NATIONAL GUARD and for construction and operation of facilities Whereas there are factors that are known in support of the functions of the Commander in For construction, acquisition, expansion, re- to reduce the risk for ovarian cancer and Chief, $3,928,149,000, to remain available until habilitation, and conversion of facilities for the play an important role in the prevention of September 30, 2012: Provided, That of this training and administration of the Air National the disease; amount, not to exceed $317,149,000 shall be Guard, and contributions therefor, as author- Whereas awareness and early recognition available for study, planning, design, architect ized by chapter 1803 of title 10, United States of ovarian cancer symptoms are currently and engineer services, and host nation support, Code, and Military Construction Authorization the best way to save women’s lives; as authorized by law, unless the Secretary of Acts, $228,995,000, to remain available until Sep- Whereas the Ovarian Cancer National Alli- Defense determines that additional obligations tember 30, 2012. ance, during the month of September, holds are necessary for such purposes and notifies the MILITARY CONSTRUCTION, ARMY RESERVE a number of events to increase public aware- Committees on Appropriations of both Houses of For construction, acquisition, expansion, re- ness of ovarian cancer; and Congress of the determination and the reasons habilitation, and conversion of facilities for the Whereas a National Ovarian Cancer Aware- therefor. training and administration of the Army Re- ness Month should be designated to increase serve as authorized by chapter 1803 of title 10, the awareness of the public regarding the MILITARY CONSTRUCTION, NAVY AND MARINE CORPS United States Code, and Military Construction cancer: Now, therefore, be it Authorization Acts, $138,424,000, to remain Resolved, That the Senate supports the For acquisition, construction, installation, available until September 30, 2012. goals and ideals of National Ovarian Cancer and equipment of temporary or permanent pub- Awareness Month. lic works, naval installations, facilities, and real MILITARY CONSTRUCTION, NAVY RESERVE For construction, acquisition, expansion, re- f property for the Navy and Marine Corps as cur- rently authorized by law, including personnel in habilitation, and conversion of facilities for the AUTHORITY FOR COMMITTEES TO the Naval Facilities Engineering Command and training and administration of the reserve com- MEET other personal services necessary for the pur- ponents of the Navy and Marine Corps as au- thorized by chapter 1803 of title 10, United COMMITTEE ON ARMED SERVICES poses of this appropriation, $2,168,315,000, to re- main available until September 30, 2012: Pro- States Code, and Military Construction Author- Mr. KENNEDY. Mr. President, I ask ization Acts, $59,150,000, to remain available unanimous consent that the Com- vided, That of this amount, not to exceed $115,258,000 shall be available for study, plan- until September 30, 2012. mittee on Armed Services be author- ning, design, and architect and engineer serv- MILITARY CONSTRUCTION, AIR FORCE RESERVE ized to meet during the session of the ices, as authorized by law, unless the Secretary (INCLUDING RESCISSION OF FUNDS) Senate on Friday, September 7, at 9 of Defense determines that additional obliga- For construction, acquisition, expansion, re- a.m. in open session, and possibly tions are necessary for such purposes and noti- habilitation, and conversion of facilities for the closed session, to receive a report on fies the Committees on Appropriations of both training and administration of the Air Force Re- the Government Accountability Of- Houses of Congress of the determination and the serve as authorized by chapter 1803 of title 10, fice’s assessment of 18 Iraq bench- reasons therefor. United States Code, and Military Construction marks. MILITARY CONSTRUCTION, AIR FORCE Authorization Acts, $27,559,000, to remain avail- The PRESIDING OFFICER. Without For acquisition, construction, installation, able until September 30, 2012: Provided, That of objection, it is so ordered. and equipment of temporary or permanent pub- the funds appropriated for ‘‘Military Construc- tion, Air Force Reserve’’ under Public Law 109– f lic works, military installations, facilities, and real property for the Air Force as currently au- 114, $3,100,000 are hereby rescinded. PRIVILEGES OF THE FLOOR thorized by law, $1,048,518,000, to remain avail- NORTH ATLANTIC TREATY ORGANIZATION Mr. ENZI. I ask unanimous consent able until September 30, 2012: Provided, That of SECURITY INVESTMENT PROGRAM that Ann Clough, a detailee in my of- this amount, not to exceed $64,958,000 shall be For the United States share of the cost of the fice, be granted the privilege of the available for study, planning, design, and ar- North Atlantic Treaty Organization Security In- chitect and engineer services, as authorized by vestment Program for the acquisition and con- floor for the remainder of the debate on law, unless the Secretary of Defense determines struction of military facilities and installations the conference report for H.R. 2669, the that additional obligations are necessary for (including international military headquarters) College Cost Reduction and Access Act. such purposes and notifies the Committees on and for related expenses for the collective de- The PRESIDING OFFICER. Without Appropriations of both Houses of Congress of fense of the North Atlantic Treaty Area as au- objection, it is so ordered. the determination and the reasons therefor. thorized by section 2806 of title 10, United States

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Code, and Military Construction Authorization DEPARTMENT OF DEFENSE BASE CLOSURE in Japan, in any North Atlantic Treaty Organi- Acts, $201,400,000, to remain available until ex- ACCOUNT 2005 zation member country, or in countries bor- pended. For deposit into the Department of Defense dering the Arabian Sea if that country has not FAMILY HOUSING CONSTRUCTION, ARMY Base Closure Account 2005, established by sec- increased its defense spending by at least 3 per- For expenses of family housing for the Army tion 2906A(a)(1) of the Defense Base Closure cent in calendar year 2005, unless such con- for construction, including acquisition, replace- and Realignment Act of 1990 (10 U.S.C. 2687 tracts are awarded to United States firms or ment, addition, expansion, extension, and alter- note), $8,174,315,000, to remain available until United States firms in joint venture with host ation, as authorized by law, $419,400,000, to re- expended: Provided, That funds made available nation firms. main available until September 30, 2012. under this heading for the construction of facili- SEC. 112. None of the funds made available in ties are subject to the notification and re- this title for military construction in the United FAMILY HOUSING OPERATION AND MAINTENANCE, programming requirements applicable to military States territories and possessions in the Pacific ARMY construction projects under section 2853 of title and on Kwajalein Atoll, or in countries bor- For expenses of family housing for the Army 10, United States Code, and section 0703 of the dering the Arabian Sea, may be used to award for operation and maintenance, including debt Department of Defense Financial Management any contract estimated by the Government to ex- payment, leasing, minor construction, principal Regulation of December 1996, including the re- ceed $1,000,000 to a foreign contractor: Provided, and interest charges, and insurance premiums, quirement to obtain the approval of the congres- That this section shall not be applicable to con- as authorized by law, $742,920,000. sional defense committees prior to executing cer- tract awards for which the lowest responsive FAMILY HOUSING CONSTRUCTION, NAVY AND tain reprogramming actions. and responsible bid of a United States con- tractor exceeds the lowest responsive and re- MARINE CORPS ADMINISTRATIVE PROVISIONS sponsible bid of a foreign contractor by greater For expenses of family housing for the Navy SEC. 101. None of the funds made available in and Marine Corps for construction, including than 20 percent: Provided further, That this sec- this title shall be expended for payments under tion shall not apply to contract awards for mili- acquisition, replacement, addition, expansion, a cost-plus-a-fixed-fee contract for construction, extension, and alteration, as authorized by law, tary construction on Kwajalein Atoll for which where cost estimates exceed $25,000, to be per- the lowest responsive and responsible bid is sub- $288,329,000, to remain available until September formed within the United States, except Alaska, 30, 2012. mitted by a Marshallese contractor. without the specific approval in writing of the SEC. 113. The Secretary of Defense is to inform FAMILY HOUSING OPERATION AND MAINTENANCE, Secretary of Defense setting forth the reasons the appropriate committees of both Houses of NAVY AND MARINE CORPS therefor. Congress, including the Committees on Appro- For expenses of family housing for the Navy SEC. 102. Funds made available in this title for priations, of the plans and scope of any pro- and Marine Corps for operation and mainte- construction shall be available for hire of pas- posed military exercise involving United States nance, including debt payment, leasing, minor senger motor vehicles. personnel 30 days prior to its occurring, if SEC. 103. Funds made available in this title for construction, principal and interest charges, amounts expended for construction, either tem- construction may be used for advances to the and insurance premiums, as authorized by law, porary or permanent, are anticipated to exceed Federal Highway Administration, Department $371,404,000. $750,000. of Transportation, for the construction of access FAMILY HOUSING CONSTRUCTION, AIR FORCE SEC. 114. Not more than 20 percent of the roads as authorized by section 210 of title 23, funds made available in this title which are lim- For expenses of family housing for the Air United States Code, when projects authorized ited for obligation during the current fiscal year Force for construction, including acquisition, therein are certified as important to the na- shall be obligated during the last two months of replacement, addition, expansion, extension, tional defense by the Secretary of Defense. and alteration, as authorized by law, the fiscal year. SEC. 104. None of the funds made available in $362,747,000, to remain available until September this title may be used to begin construction of (INCLUDING TRANSFER OF FUNDS) 30, 2012. new bases in the United States for which spe- SEC. 115. Funds appropriated to the Depart- FAMILY HOUSING OPERATION AND MAINTENANCE, cific appropriations have not been made. ment of Defense for construction in prior years AIR FORCE SEC. 105. None of the funds made available in shall be available for construction authorized For expenses of family housing for the Air this title shall be used for purchase of land or for each such military department by the au- Force for operation and maintenance, including land easements in excess of 100 percent of the thorizations enacted into law during the current debt payment, leasing, minor construction, prin- value as determined by the Army Corps of Engi- session of Congress. cipal and interest charges, and insurance pre- neers or the Naval Facilities Engineering Com- SEC. 116. For military construction or family miums, as authorized by law, $688,335,000. mand, except: (1) where there is a determination housing projects that are being completed with funds otherwise expired or lapsed for obligation, FAMILY HOUSING OPERATION AND MAINTENANCE, of value by a Federal court; (2) purchases nego- expired or lapsed funds may be used to pay the DEFENSE-WIDE tiated by the Attorney General or the designee of the Attorney General; (3) where the estimated cost of associated supervision, inspection, over- For expenses of family housing for the activi- value is less than $25,000; or (4) as otherwise de- head, engineering and design on those projects ties and agencies of the Department of Defense termined by the Secretary of Defense to be in and on subsequent claims, if any. (other than the military departments) for oper- the public interest. SEC. 117. Notwithstanding any other provision ation and maintenance, leasing, and minor con- SEC. 106. None of the funds made available in of law, any funds made available to a military struction, as authorized by law, $48,848,000. this title shall be used to: (1) acquire land; (2) department or defense agency for the construc- DEPARTMENT OF DEFENSE FAMILY HOUSING provide for site preparation; or (3) install utili- tion of military projects may be obligated for a IMPROVEMENT FUND ties for any family housing, except housing for military construction project or contract, or for For the Department of Defense Family Hous- which funds have been made available in an- any portion of such a project or contract, at any ing Improvement Fund, $500,000, to remain nual Acts making appropriations for military time before the end of the fourth fiscal year available until expended, for family housing ini- construction. after the fiscal year for which funds for such tiatives undertaken pursuant to section 2883 of SEC. 107. None of the funds made available in project were made available, if the funds obli- title 10, United States Code, providing alter- this title for minor construction may be used to gated for such project: (1) are obligated from native means of acquiring and improving mili- transfer or relocate any activity from one base funds available for military construction tary family housing and supporting facilities. or installation to another, without prior notifi- projects; and (2) do not exceed the amount ap- CHEMICAL DEMILITARIZATION CONSTRUCTION, cation to the Committees on Appropriations of propriated for such project, plus any amount by DEFENSE-WIDE both Houses of Congress. which the cost of such project is increased pur- SEC. 108. None of the funds made available in suant to law. For expenses of construction, not otherwise this title may be used for the procurement of SEC. 118. (a) The Secretary of Defense, in con- provided for, necessary for the destruction of steel for any construction project or activity for sultation with the Secretary of State, shall sub- the United States stockpile of lethal chemical which American steel producers, fabricators, mit to the Committees on Appropriations of both agents and munitions in accordance with sec- and manufacturers have been denied the oppor- Houses of Congress, by February 15 of each tion 1412 of the Department of Defense Author- tunity to compete for such steel procurement. year, an annual report on actions taken by the ization Act, 1986 (50 U.S.C. 1521), and for the SEC. 109. None of the funds available to the Department of Defense and the Department of destruction of other chemical warfare materials Department of Defense for military construction State during the previous fiscal year to encour- that are not in the chemical weapon stockpile, or family housing during the current fiscal year age host countries to assume a greater share of as currently authorized by law, $104,176,000, to may be used to pay real property taxes in any the common defense burden of such countries remain available until September 30, 2012, which foreign nation. and the United States. shall be only for the Assembled Chemical Weap- SEC. 110. None of the funds made available in (b) The report under subsection (a) shall in- ons Alternatives program. this title may be used to initiate a new installa- clude a description of— DEPARTMENT OF DEFENSE BASE CLOSURE tion overseas without prior notification to the (1) attempts to secure cash and in-kind con- ACCOUNT 1990 Committees on Appropriations of both Houses of tributions from host countries for military con- For deposit into the Department of Defense Congress. struction projects; Base Closure Account 1990, established by sec- SEC. 111. None of the funds made available in (2) attempts to achieve economic incentives of- tion 2906(a)(1) of the Defense Base Closure and this title may be obligated for architect and en- fered by host countries to encourage private in- Realignment Act of 1990 (10 U.S.C. 2687 note), gineer contracts estimated by the Government to vestment for the benefit of the United States $320,689,000, to remain available until expended. exceed $500,000 for projects to be accomplished Armed Forces;

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 6333 E:\CR\FM\A07SE6.021 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11273 (3) attempts to recover funds due to be paid to amounts may be transferred from the accounts assume ownership of the completed project. The the United States by host countries for assets established by sections 2906(a)(1) and Secretary of Defense may not transfer funds deeded or otherwise imparted to host countries 2906A(a)(1) of the Defense Base Closure and Re- made available as a result of this limitation from upon the cessation of United States operations alignment Act of 1990 (10 U.S.C. 2687 note), to any military construction project, land acquisi- at military installations; the fund established by section 1013(d) of the tion, or family housing project to another ac- (4) the amount spent by host countries on de- Demonstration Cities and Metropolitan Develop- count or use such funds for another purpose or fense, in dollars and in terms of the percent of ment Act of 1966 (42 U.S.C. 3374) to pay for ex- project without the prior approval of the Com- gross domestic product (GDP) of the host coun- penses associated with the Homeowners Assist- mittees on Appropriations of both Houses of try; and ance Program. Any amounts transferred shall be Congress. This section shall not apply to mili- (5) for host countries that are members of the merged with and be available for the same pur- tary construction projects, land acquisition, or North Atlantic Treaty Organization (NATO), poses and for the same time period as the fund family housing projects for which the project is the amount contributed to NATO by host coun- to which transferred. vital to the national security or the protection of tries, in dollars and in terms of the percent of SEC. 123. Notwithstanding this or any other health, safety, or environmental quality: Pro- the total NATO budget. provision of law, funds made available in this vided, That the Secretary of Defense shall no- (c) In this section, the term ‘‘host country’’ title for operation and maintenance of family tify the congressional defense committees within means other member countries of NATO, Japan, housing shall be the exclusive source of funds seven days of a decision to carry out such a South Korea, and United States allies bordering for repair and maintenance of all family hous- military construction project. the Arabian Sea. ing units, including general or flag officer quar- SEC. 126. Funds made available by this title (INCLUDING TRANSFER OF FUNDS) ters: Provided, That not more than $35,000 per for the construction of facilities identified in the SEC. 119. In addition to any other transfer au- unit may be spent annually for the maintenance State table of the report accompanying this Act thority available to the Department of Defense, and repair of any general or flag officer quar- as ‘‘Grow the Force’’ projects are subject to the proceeds deposited to the Department of Defense ters without 30 days prior notification to the notification and reprogramming requirements Base Closure Account established by section Committees on Appropriations of both Houses of applicable to military construction projects 207(a)(1) of the Defense Authorization Amend- Congress, except that an after-the-fact notifica- under section 2853 of title 10, United States ments and Base Closure and Realignment Act tion shall be submitted if the limitation is ex- Code, and section 0703 of the Department of De- (10 U.S.C. 2687 note) pursuant to section ceeded solely due to costs associated with envi- fense Financial Management Regulation of De- 207(a)(2)(C) of such Act, may be transferred to ronmental remediation that could not be reason- cember 1996, including the requirement to obtain the account established by section 2906(a)(1) of ably anticipated at the time of the budget sub- the approval of the congressional defense com- the Defense Base Closure and Realignment Act mission: Provided further, That the Under Sec- mittees prior to executing certain reprogramming of 1990 (10 U.S.C. 2687 note), to be merged with, retary of Defense (Comptroller) is to report an- actions. and to be available for the same purposes and nually to the Committees on Appropriations of TITLE II the same time period as that account. both Houses of Congress all operation and main- DEPARTMENT OF VETERANS AFFAIRS (INCLUDING TRANSFER OF FUNDS) tenance expenditures for each individual gen- VETERANS BENEFITS PROGRAMS SEC. 120. Subject to 30 days prior notification eral or flag officer quarters for the prior fiscal to the Committees on Appropriations of both year: Provided further, That nothing in this sec- COMPENSATION AND PENSIONS Houses of Congress, such additional amounts as tion precludes the Secretary of a military de- (INCLUDING TRANSFER OF FUNDS) may be determined by the Secretary of Defense partment, after notifying the congressional de- For the payment of compensation benefits to may be transferred to: (1) the Department of De- fense committees and waiting 21 days, from or on behalf of veterans and a pilot program for fense Family Housing Improvement Fund from using funds derived under section 2601, chapter disability examinations as authorized by law (38 amounts appropriated for construction in ‘‘Fam- 403, chapter 603, or chapter 903 of title 10, U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and ily Housing’’ accounts, to be merged with and to United States Code, for the maintenance or re- 61); pension benefits to or on behalf of veterans be available for the same purposes and for the pair of general and flag officer quarters at the as authorized by law (38 U.S.C. chapters 15, 51, same period of time as amounts appropriated di- military service academy under the jurisdiction 53, 55, and 61; 92 Stat. 2508); and burial benefits, rectly to the Fund; or (2) the Department of De- of that Secretary: Provided further, That each the Reinstated Entitlement Program for Sur- fense Military Unaccompanied Housing Im- Secretary of a military department shall provide vivors, emergency and other officers’ retirement provement Fund from amounts appropriated for an annual report by February 15 to the congres- pay, adjusted-service credits and certificates, construction of military unaccompanied housing sional defense committees on the amount of payment of premiums due on commercial life in- in ‘‘Military Construction’’ accounts, to be funds that were derived under section 2601, surance policies guaranteed under the provi- merged with and to be available for the same chapter 403, chapter 603, or chapter 903 of title sions of title IV of the Servicemembers Civil Re- purposes and for the same period of time as 10, United States Code, in the previous year and lief Act (50 U.S.C. App. 540 et seq.) and for other amounts appropriated directly to the Fund: Pro- were obligated for the construction, improve- benefits as authorized by law (38 U.S.C. 107, vided, That appropriations made available to ment, repair, or maintenance of any military fa- 1312, 1977, and 2106, chapters 23, 51, 53, 55, and the Funds shall be available to cover the costs, cility or infrastructure. 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), as defined in section 502(5) of the Congressional SEC. 124. Amounts contained in the Ford Is- $41,236,322,000, to remain available until ex- Budget Act of 1974, of direct loans or loan guar- land Improvement Account established by sub- pended: Provided, That not to exceed $28,583,000 antees issued by the Department of Defense pur- section (h) of section 2814 of title 10, United of the amount appropriated under this heading suant to the provisions of subchapter IV of States Code, are appropriated and shall be shall be reimbursed to ‘‘General operating ex- chapter 169 of title 10, United States Code, per- available until expended for the purposes speci- penses’’ and ‘‘Medical administration’’ for nec- taining to alternative means of acquiring and fied in subsection (i)(1) of such section or until essary expenses in implementing the provisions improving military family housing, military un- transferred pursuant to subsection (i)(3) of such of chapters 51, 53, and 55 of title 38, United accompanied housing, and supporting facilities. section. States Code, the funding source for which is SEC. 121. (a) Not later than 60 days before (INCLUDING TRANSFER OF FUNDS) specifically provided as the ‘‘Compensation and issuing any solicitation for a contract with the SEC. 125. None of the funds made available in pensions’’ appropriation: Provided further, private sector for military family housing the this title, or in any Act making appropriations That such sums as may be earned on an actual Secretary of the military department concerned for military construction which remain available qualifying patient basis, shall be reimbursed to shall submit to the Committees on Appropria- for obligation, may be obligated or expended to ‘‘Medical care collections fund’’ to augment the tions of both Houses of Congress the notice de- carry out a military construction, land acquisi- funding of individual medical facilities for nurs- scribed in subsection (b). tion, or family housing project at or for a mili- ing home care provided to pensioners as author- (b)(1) A notice referred to in subsection (a) is ized. a notice of any guarantee (including the making tary installation approved for closure, or at a READJUSTMENT BENEFITS of mortgage or rental payments) proposed to be military installation for the purposes of sup- For the payment of readjustment and rehabili- made by the Secretary to the private party porting a function that has been approved for tation benefits to or on behalf of veterans as au- under the contract involved in the event of— realignment to another installation, in 2005 (A) the closure or realignment of the installa- under the Defense Base Closure and Realign- thorized by law (38 U.S.C. chapters 21, 30, 31, tion for which housing is provided under the ment Act of 1990 (part A of title XXIX of Public 34, 35, 36, 39, 51, 53, 55, and 61), $3,300,289,000, contract; Law 101–510; 10 U.S.C. 2687 note), unless such a to remain available until expended: Provided, (B) a reduction in force of units stationed at project at a military installation approved for That expenses for rehabilitation program serv- such installation; or realignment will support a continuing mission ices and assistance which the Secretary is au- (C) the extended deployment overseas of units or function at that installation or a new mission thorized to provide under section 3104(a) of title stationed at such installation. or function that is planned for that installation, 38, United States Code, other than under sub- (2) Each notice under this subsection shall or unless the Secretary of Defense certifies that section (a)(1), (2), (5), and (11) of that section, specify the nature of the guarantee involved the cost to the United States of carrying out shall be charged to this account. and assess the extent and likelihood, if any, of such project would be less than the cost to the VETERANS INSURANCE AND INDEMNITIES the liability of the Federal Government with re- United States of cancelling such project, or if For military and naval insurance, national spect to the guarantee. the project is at an active component base that service life insurance, servicemen’s indemnities, (INCLUDING TRANSFER OF FUNDS) shall be established as an enclave or in the case service-disabled veterans insurance, and vet- SEC. 122. In addition to any other transfer au- of projects having multi-agency use, that an- erans mortgage life insurance as authorized by thority available to the Department of Defense, other Government agency has indicated it will title 38, United States Code, chapter 19; 70 Stat.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\CR\FM\A07SE6.021 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11274 CONGRESSIONAL RECORD — SENATE September 7, 2007 887; 72 Stat. 487, $41,250,000, to remain available thorize the dispensing of prescription drugs from Defense for the cost of overseas employee mail, until expended. Veterans Health Administration facilities to en- $1,612,031,000: Provided, That expenses for serv- VETERANS HOUSING BENEFIT PROGRAM FUND rolled veterans with privately written prescrip- ices and assistance authorized under para- PROGRAM ACCOUNT tions based on requirements established by the graphs (1), (2), (5), and (11) of section 3104(a) of For the cost of direct and guaranteed loans, Secretary: Provided further, That the implemen- title 38, United States Code, that the Secretary such sums as may be necessary to carry out the tation of the program described in the previous of Veterans Affairs determines are necessary to program, as authorized by subchapters I proviso shall incur no additional cost to the De- enable entitled veterans: (1) to the maximum ex- through III of chapter 37 of title 38, United partment of Veterans Affairs: Provided further, tent feasible, to become employable and to ob- States Code: Provided, That such costs, includ- That for the Department of Defense/Department tain and maintain suitable employment; or (2) to ing the cost of modifying such loans, shall be as of Veterans Affairs Health Care Sharing Incen- achieve maximum independence in daily living, defined in section 502 of the Congressional tive Fund, as authorized by section 8111(d) of shall be charged to this account: Provided fur- Budget Act of 1974: Provided further, That dur- title 38, United States Code, a minimum of ther, That the Veterans Benefits Administration $15,000,000, to remain available until expended, ing fiscal year 2008, within the resources avail- shall be funded at not less than $1,329,044,000: for any purpose authorized by section 8111 of able, not to exceed $500,000 in gross obligations Provided further, That of the funds made avail- title 38, United States Code. for direct loans are authorized for specially able under this heading, not to exceed adapted housing loans. MEDICAL ADMINISTRATION $75,000,000 shall be available for obligation until In addition, for administrative expenses to For necessary expenses in the administration September 30, 2009: Provided further, That from carry out the direct and guaranteed loan pro- of the medical, hospital, nursing home, domi- the funds made available under this heading, grams, $154,562,000. ciliary, construction, supply, and research ac- the Veterans Benefits Administration may pur- tivities, as authorized by law; administrative ex- VOCATIONAL REHABILITATION LOANS PROGRAM chase up to two passenger motor vehicles for use penses in support of capital policy activities; ACCOUNT in operations of that Administration in Manila, and administrative and legal expenses of the Philippines. (INCLUDING TRANSFER OF FUNDS) Department for collecting and recovering For the cost of direct loans, $71,000, as au- amounts owed the Department as authorized OFFICE OF INSPECTOR GENERAL thorized by chapter 31 of title 38, United States under chapter 17 of title 38, United States Code, Code: Provided, That such costs, including the and Federal Medical Care Recovery Act (42 For necessary expenses of the Office of In- cost of modifying such loans, shall be as defined U.S.C. 2651 et seq.): $3,642,000,000, plus reim- spector General, to include information tech- in section 502 of the Congressional Budget Act bursements, of which $250,000,000 shall remain nology, in carrying out the provisions of the In- of 1974: Provided further, That funds made available until September 30, 2009. spector General Act of 1978, $88,700,000, of available under this heading are available to MEDICAL FACILITIES which $3,630,000 shall remain available until subsidize gross obligations for the principal For necessary expenses for the maintenance September 30, 2009. amount of direct loans not to exceed $3,287,000. and operation of hospitals, nursing homes, and CONSTRUCTION, MAJOR PROJECTS In addition, for administrative expenses nec- domiciliary facilities and other necessary facili- essary to carry out the direct loan program, ties for the Veterans Health Administration; for For constructing, altering, extending and im- $311,000, which may be transferred to and administrative expenses in support of planning, proving any of the facilities including parking merged with the appropriation for ‘‘General op- design, project management, real property ac- projects under the jurisdiction or for the use of erating expenses’’. quisition and disposition, construction and ren- the Department of Veterans Affairs, or for any NATIVE AMERICAN VETERAN HOUSING LOAN ovation of any facility under the jurisdiction or of the purposes set forth in sections 316, 2404, PROGRAM ACCOUNT for the use of the Department; for oversight, en- 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 (INCLUDING TRANSFER OF FUNDS) gineering and architectural activities not of title 38, United States Code, including plan- For administrative expenses to carry out the charged to project costs; for repairing, altering, ning, architectural and engineering services, direct loan program authorized by subchapter V improving or providing facilities in the several construction management services, maintenance of chapter 37 of title 38, United States Code, hospitals and homes under the jurisdiction of or guarantee period services costs associated $628,000. the Department, not otherwise provided for, ei- with equipment guarantees provided under the ther by contract or by the hire of temporary em- GUARANTEED TRANSITIONAL HOUSING LOANS FOR project, services of claims analysts, offsite utility ployees and purchase of materials; for leases of HOMELESS VETERANS PROGRAM ACCOUNT and storm drainage system construction costs, facilities; and for laundry services, For the administrative expenses to carry out and site acquisition, where the estimated cost of $4,092,000,000, plus reimbursements, of which a project is more than the amount set forth in the guaranteed transitional housing loan pro- $350,000,000 shall remain available until Sep- section 8104(a)(3)(A) of title 38, United States gram authorized by subchapter VI of chapter 37 tember 30, 2009: Provided, That not less than Code, or where funds for a project were made of title 38, United States Code, not to exceed $350,000,000 for non-recurring maintenance pro- available in a previous major project appropria- $750,000 of the amounts appropriated by this Act vided under this heading shall be allocated in a tion, $727,400,000, to remain available until ex- for ‘‘General operating expenses’’ and ‘‘Medical manner not subject to the Veterans Equitable services’’ may be expended. Resource Allocation. pended, of which $2,000,000 shall be to make re- imbursements as provided in section 13 of the VETERANS HEALTH ADMINISTRATION MEDICAL AND PROSTHETIC RESEARCH Contract Disputes Act of 1978 (41 U.S.C. 612) for MEDICAL SERVICES For necessary expenses in carrying out pro- claims paid for contract disputes: Provided, grams of medical and prosthetic research and (INCLUDING TRANSFER OF FUNDS) That except for advance planning activities, in- development as authorized by chapter 73 of title For necessary expenses for furnishing, as au- cluding needs assessments which may or may 38, United States Code, $500,000,000, plus reim- thorized by law, inpatient and outpatient care not lead to capital investments, and other cap- bursements, to remain available until September and treatment to beneficiaries of the Depart- 30, 2009. ital asset management related activities, such as ment of Veterans Affairs and veterans described portfolio development and management activi- in section 1705(a) of title 38, United States Code, NATIONAL CEMETERY ADMINISTRATION ties, and investment strategy studies funded including care and treatment in facilities not For necessary expenses of the National Ceme- through the advance planning fund and the under the jurisdiction of the Department, and tery Administration for operations and mainte- planning and design activities funded through including medical supplies and equipment, food nance, not otherwise provided for, including the design fund and CARES funds, including services, and salaries and expenses of health- uniforms or allowances therefor; cemeterial ex- needs assessments which may or may not lead to care employees hired under title 38, United penses as authorized by law; purchase of one capital investments, none of the funds appro- States Code, and aid to State homes as author- passenger motor vehicle for use in cemeterial op- priated under this heading shall be used for any ized by section 1741 of title 38, United States erations; and hire of passenger motor vehicles, project which has not been approved by the Code; $28,979,220,000, plus reimbursements: Pro- $217,709,000, of which not to exceed $25,000,000 Congress in the budgetary process: Provided vided, That of the funds made available under shall remain available until September 30, 2009. further, That funds provided in this appropria- this heading, not to exceed $1,350,000,000 shall DEPARTMENTAL ADMINISTRATION remain available until September 30, 2009: Pro- tion for fiscal year 2008, for each approved vided further, That, notwithstanding any other GENERAL OPERATING EXPENSES project (except those for CARES activities ref- provision of law, the Secretary of Veterans Af- (INCLUDING TRANSFER OF FUNDS) erenced above) shall be obligated: (1) by the fairs shall establish a priority for treatment for For necessary operating expenses of the De- awarding of a construction documents contract veterans who are service-connected disabled, partment of Veterans Affairs, not otherwise pro- by September 30, 2008; and (2) by the awarding lower income, or have special needs: Provided vided for, including administrative expenses in of a construction contract by September 30, 2009: further, That, notwithstanding any other provi- support of Department-wide capital planning, Provided further, That the Secretary of Vet- sion of law, the Secretary of Veterans Affairs management and policy activities, uniforms or erans Affairs shall promptly report in writing to shall give priority funding for the provision of allowances therefor; not to exceed $25,000 for of- the Committees on Appropriations of both basic medical benefits to veterans in enrollment ficial reception and representation expenses; Houses of Congress any approved major con- priority groups 1 through 6: Provided further, hire of passenger motor vehicles; and reimburse- struction project in which obligations are not That, notwithstanding any other provision of ment of the General Services Administration for incurred within the time limitations established law, the Secretary of Veterans Affairs may au- security guard services, and the Department of above.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 6333 E:\CR\FM\A07SE6.021 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11275

CONSTRUCTION, MINOR PROJECTS vided, That before a transfer may take place, expenses incurred by that account during a For constructing, altering, extending, and im- the Secretary of Veterans Affairs shall request prior fiscal year for providing enhanced-use proving any of the facilities including parking from the Committees on Appropriations of both lease services, may be obligated during the fiscal projects under the jurisdiction or for the use of Houses of Congress the authority to make the year in which the proceeds are received. the Department of Veterans Affairs, including transfer and an approval is issued, or absent a (INCLUDING TRANSFER OF FUNDS) planning and assessments of needs which may response, a period of 30 days has elapsed. SEC. 210. Funds available in this title or funds lead to capital investments, architectural and (INCLUDING TRANSFER OF FUNDS) for salaries and other administrative expenses engineering services, maintenance or guarantee SEC. 202. Amounts made available for fiscal shall also be available to reimburse the Office of period services costs associated with equipment year 2008, in this Act or any other Act, under Resolution Management and the Office of Em- guarantees provided under the project, services the ‘‘Medical services’’, ‘‘Medical Administra- ployment Discrimination Complaint Adjudica- of claims analysts, offsite utility and storm tion’’, and ‘‘Medical facilities’’ accounts may be tion for all services provided at rates which will drainage system construction costs, and site ac- transferred between the accounts to the extent recover actual costs but not exceed $32,067,000 quisition, or for any of the purposes set forth in necessary to implement the restructuring of the for the Office of Resolution Management and sections 316, 2404, 2406, 8102, 8103, 8106, 8108, Veterans Health Administration accounts: Pro- $3,148,000 for the Office of Employment and Dis- 8109, 8110, 8122, and 8162 of title 38, United vided, That before a transfer may take place, crimination Complaint Adjudication: Provided, States Code, where the estimated cost of a the Secretary of Veterans Affairs shall request That payments may be made in advance for project is equal to or less than the amount set from the Committees on Appropriations of both services to be furnished based on estimated forth in section 8104(a)(3)(A) of title 38, United Houses of Congress the authority to make the costs: Provided further, That amounts received States Code, $751,398,000, to remain available transfer and an approval is issued. shall be credited to ‘‘General operating ex- SEC. 203. Appropriations available in this title until expended, along with unobligated balances penses’’ for use by the office that provided the for salaries and expenses shall be available for of previous ‘‘Construction, minor projects’’ ap- service. services authorized by section 3109 of title 5, SEC. 211. No appropriations in this title shall propriations which are hereby made available United States Code, hire of passenger motor ve- be available to enter into any new lease of real for any project where the estimated cost is equal hicles; lease of a facility or land or both; and property if the estimated annual rental is more to or less than the amount set forth in such sec- uniforms or allowances therefor, as authorized than $300,000 unless the Secretary submits a re- tion for: (1) repairs to any of the nonmedical fa- by sections 5901–5902 of title 5, United States port which the Committees on Appropriations of cilities under the jurisdiction or for the use of Code. both Houses of Congress approve within 30 days the Department which are necessary because of SEC. 204. No appropriations in this title (ex- following the date on which the report is re- loss or damage caused by any natural disaster cept the appropriations for ‘‘Construction, ceived. or catastrophe; and (2) temporary measures nec- major projects’’, and ‘‘Construction, minor SEC. 212. No funds of the Department of Vet- essary to prevent or to minimize further loss by projects’’) shall be available for the purchase of erans Affairs shall be available for hospital such causes. any site for the construction of any new hos- care, nursing home care, or medical services pro- GRANTS FOR CONSTRUCTION OF STATE EXTENDED pital or home. vided to any person under chapter 17 of title 38, CARE FACILITIES SEC. 205. No appropriations in this title shall United States Code, for a non-service-connected For grants to assist States to acquire or con- be available for hospitalization or examination disability described in section 1729(a)(2) of such struct State nursing home and domiciliary fa- of any persons (except beneficiaries entitled title, unless that person has disclosed to the Sec- cilities and to remodel, modify or alter existing under the laws bestowing such benefits to vet- retary of Veterans Affairs, in such form as the hospital, nursing home and domiciliary facilities erans, and persons receiving such treatment Secretary may require, current, accurate third- in State homes, for furnishing care to veterans under sections 7901–7904 of title 5, United States party reimbursement information for purposes of as authorized by sections 8131–8137 of title 38, Code or the Robert T. Stafford Disaster Relief section 1729 of such title: Provided, That the United States Code, $250,000,000, to remain and Emergency Assistance Act (42 U.S.C. 5121 et Secretary may recover, in the same manner as available until expended. seq.)), unless reimbursement of cost is made to any other debt due the United States, the rea- GRANTS FOR CONSTRUCTION OF STATE VETERANS the ‘‘Medical services’’ account at such rates as sonable charges for such care or services from CEMETERIES may be fixed by the Secretary of Veterans Af- any person who does not make such disclosure For grants to aid States in establishing, ex- fairs. as required: Provided further, That any SEC. 206. Appropriations available in this title panding, or improving State veterans cemeteries amounts so recovered for care or services pro- for ‘‘Compensation and pensions’’, ‘‘Readjust- as authorized by section 2408 of title 38, United vided in a prior fiscal year may be obligated by ment benefits’’, and ‘‘Veterans insurance and States Code, $100,000,000, to remain available the Secretary during the fiscal year in which indemnities’’ shall be available for payment of until expended. amounts are received. prior year accrued obligations required to be re- INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information tech- corded by law against the corresponding prior SEC. 213. Notwithstanding any other provision nology systems and telecommunications support, year accounts within the last quarter of fiscal of law, at the discretion of the Secretary of Vet- including developmental information systems year 2007. erans Affairs, proceeds or revenues derived from SEC. 207. Appropriations available in this title and operational information systems; including enhanced-use leasing activities (including dis- shall be available to pay prior year obligations pay and associated cost for operations and posal) may be deposited into the ‘‘Construction, of corresponding prior year appropriations ac- maintenance associated staff; for the capital major projects’’ and ‘‘Construction, minor counts resulting from sections 3328(a), 3334, and asset acquisition of information technology sys- projects’’ accounts and be used for construction 3712(a) of title 31, United States Code, except tems, including management and related con- (including site acquisition and disposition), al- that if such obligations are from trust fund ac- tractual costs of said acquisitions, including terations and improvements of any medical fa- counts they shall be payable from ‘‘Compensa- contractual costs associated with operations au- cility under the jurisdiction or for the use of the tion and pensions’’. thorized by section 3109 of title 5, United States Department of Veterans Affairs. Such sums as Code, $1,898,000,000, to remain available until (INCLUDING TRANSFER OF FUNDS) SEC. 208. Notwithstanding any other provision realized are in addition to the amount provided September 30, 2009: Provided, That none of these of law, during fiscal year 2008, the Secretary of for in ‘‘Construction, major projects’’ and ‘‘Con- funds may be obligated until the Department of Veterans Affairs shall, from the National Serv- struction, minor projects’’. Veterans Affairs submits to the Committees on SEC. 214. Amounts made available under ice Life Insurance Fund (38 U.S.C. 1920), the Appropriations of both Houses of Congress, and ‘‘Medical services’’ are available— Veterans’ Special Life Insurance Fund (38 such Committees approve, a plan for expendi- (1) for furnishing recreational facilities, sup- U.S.C. 1923), and the United States Government ture that: (1) meets the capital planning and in- plies, and equipment; and Life Insurance Fund (38 U.S.C. 1955), reimburse vestment control review requirements established (2) for funeral expenses, burial expenses, and the ‘‘General operating expenses’’ account for by the Office of Management and Budget; (2) other expenses incidental to funerals and bur- the cost of administration of the insurance pro- complies with the Department of Veterans Af- ials for beneficiaries receiving care in the De- grams financed through those accounts: Pro- fairs enterprise architecture; (3) conforms with partment. vided, That reimbursement shall be made only an established enterprise life cycle methodology; (INCLUDING TRANSFER OF FUNDS) from the surplus earnings accumulated in an in- SEC. 215. Such sums as may be deposited to and (4) complies with the acquisition rules, re- surance program in fiscal year 2008 that are the Medical Care Collections Fund pursuant to quirements, guidelines, and systems acquisition available for dividends in that program after section 1729A of title 38, United States Code, management practices of the Federal Govern- claims have been paid and actuarially deter- may be transferred to ‘‘Medical services’’, to re- ment: Provided further, That within 60 days of mined reserves have been set aside: Provided main available until expended for the purposes enactment of this Act, the Secretary of Veterans further, That if the cost of administration of an of this account. Affairs shall submit to the Committees on Ap- insurance program exceeds the amount of sur- SEC. 216. Notwithstanding any other provision propriations of both Houses of Congress a re- plus earnings accumulated in that program, re- of law, the Secretary of Veterans Affairs shall programming base letter which provides, by imbursement shall be made only to the extent of allow veterans eligible under existing Depart- project, the costs included in this appropriation. such surplus earnings: Provided further, That ment of Veterans Affairs medical care require- ADMINISTRATIVE PROVISIONS the Secretary shall determine the cost of admin- ments and who reside in Alaska to obtain med- (INCLUDING TRANSFER OF FUNDS) istration for fiscal year 2008 which is properly ical care services from medical facilities sup- SEC. 201. Any appropriation for fiscal year allocable to the provision of each insurance pro- ported by the Indian Health Service or tribal or- 2008, in this Act or any other Act, for ‘‘Com- gram and to the provision of any total disability ganizations. The Secretary shall: (1) limit the pensation and pensions’’, ‘‘Readjustment bene- income insurance included in such insurance application of this provision to rural Alaskan fits’’, and ‘‘Veterans insurance and indem- program. veterans in areas where an existing Department nities’’ may be transferred as necessary to any SEC. 209. Amounts deducted from enhanced- of Veterans Affairs facility or Veterans Affairs- other of the mentioned appropriations: Pro- use lease proceeds to reimburse an account for contracted service is unavailable; (2)

VerDate Aug 31 2005 04:05 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\CR\FM\A07SE6.022 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11276 CONGRESSIONAL RECORD — SENATE September 7, 2007 require participating veterans and facilities to Veterans Affairs West Los Angeles Medical Cen- (C) A description of current and anticipated comply with all appropriate rules and regula- ter, California, encompassing approximately 388 funding for the reconstruction of the Medical tions, as established by the Secretary; (3) require acres on the north and south sides of Wilshire Center, including an estimate of any additional this provision to be consistent with Capital Boulevard and west of the 405 Freeway. funding required for the reconstruction. Asset Realignment for Enhanced Services activi- (b) SPECIAL PROVISION REGARDING LEASE (2) The requirement in paragraph (1) shall ties; and (4) result in no additional cost to the WITH REPRESENTATIVE OF THE HOMELESS.—Not- cease on the day that the reconstruction of the Department of Veterans Affairs or the Indian withstanding any provision of this Act, section Medical Center referred to in that paragraph is Health Service. 7 of the Homeless Veterans Comprehensive Serv- completed. (b) REPORT ON DESIGNATION OF DEPARTMENT (INCLUDING TRANSFER OF FUNDS) ices Act of 1992 (Public Law 102–590) shall re- OF VETERANS AFFAIRS MEDICAL CENTER IN NEW SEC. 217. Such sums as may be deposited to main in effect. ORLEANS AS POLYTRAUMA REHABILITATION CEN- the Department of Veterans Affairs Capital (c) CONFORMING AMENDMENT.—Section TER OR POLYTRAUMA NETWORK SITE.—Not later Asset Fund pursuant to section 8118 of title 38, 8162(c)(1) of title 38, United States Code, is than 60 days after the date of the enactment of United States Code, may be transferred to the amended— this Act, the Secretary shall submit to the Com- ‘‘Construction, major projects’’ and ‘‘Construc- (1) by inserting ‘‘or section 225(a) of the Mili- mittees on Appropriations a report setting forth tion, minor projects’’ accounts, to remain avail- tary Construction and Veterans Affairs and Re- the recommendation of the Secretary as to able until expended for the purposes of these ac- lated Agencies Appropriations Act, 2008’’ after whether or not the Department of Veterans Af- counts. ‘‘section 421(b)(2) of the Veterans’ Benefits and fairs Medical Center being reconstructed in new SEC. 218. None of the funds made available in Services Act of 1988 (Public Law 100–322; 102 this Act may be used to implement any policy Stat. 553)’’; and Orleans, Louisiana, should be designated as a prohibiting the Directors of the Veterans Inte- (2) by striking ‘‘that section’’ and inserting tier I polytrauma rehabilitation center or a ‘‘such sections’’. polytrauma network site. grated Service Networks from conducting out- SEC. 230. (a) ADDITIONAL AMOUNT FOR MED- reach or marketing to enroll new veterans with- (d) EFFECTIVE DATE.—This section, including the amendment made by this section, shall apply ICAL SERVICES.—The amount appropriated or in their respective Networks. otherwise made available by this title under the SEC. 219. The Secretary of Veterans Affairs with respect to fiscal year 2008 and each fiscal heading ‘‘MEDICAL SERVICES’’ is hereby in- shall submit to the Committees on Appropria- year thereafter. SEC. 226. The Department shall continue re- creased by $125,000,000. tions of both Houses of Congress a quarterly re- (b) AVAILABILITY.—Of the amount appro- port on the financial status of the Veterans search into Gulf War Illness at levels not less than those made available in fiscal year 2007, priated or otherwise made available by this title Health Administration. under the heading ‘‘MEDICAL SERVICES’’, as in- (INCLUDING TRANSFER OF FUNDS) within available funds contained in this Act. SEC. 227. (a) ANONYMOUS REPORTING OF creased by subsection (a), $125,000,000 shall be SEC. 220. Amounts made available under the WASTE, FRAUD, OR ABUSE.—Not later than 30 available for the Veterans Beneficiary Travel ‘‘Medical services’’, ‘‘Medical Administration’’, Program. The amount available for the Veterans ‘‘Medical facilities’’, ‘‘General operating ex- days after the date of the enactment of this Act, the Inspector General of the Department of Vet- Beneficiary Travel Program under this sub- penses’’, and ‘‘National Cemetery Administra- section is in addition to any other amounts tion’’ accounts for fiscal year 2008, may be erans Affairs shall establish and maintain on the homepage of the Internet website of the Of- available for that program under this title. transferred to or from the ‘‘Information tech- (c) OFFSET.—The amount appropriated or oth- nology systems’’ account: Provided, That before fice of Inspector General a mechanism by which erwise made available by this title for the Vet- a transfer may take place, the Secretary of Vet- individuals can anonymously report cases of erans Health Administration under the heading waste, fraud, or abuse with respect to the De- erans Affairs shall request from the Committees ‘‘MEDICAL ADMINISTRATION’’ is hereby decreased on Appropriations of both Houses of Congress partment of Veterans Affairs. by $125,000,000. (b) LINK TO OFFICE OF INSPECTOR GENERAL the authority to make the transfer and an ap- SEC. 231. (a) REPORT ON ACCESS TO MEDICAL FROM HOMEPAGE OF DEPARTMENT OF VETERANS proval is issued. SERVICES PROVIDED BY DEPARTMENT OF VET- AFFAIRS.—Not later than 30 days after the date (INCLUDING TRANSFER OF FUNDS) ERANS AFFAIRS TO VETERANS IN REMOTE RURAL of the enactment of this Act, the Secretary of SEC. 221. For purposes of perfecting the fund- AREAS.—Not later than six months after the Veterans Affairs shall establish and maintain ing sources of the Department of Veterans Af- date of the enactment of this Act, the Secretary on the homepage of the Internet website of the fairs’ new ‘‘Information technology systems’’ shall submit to the appropriate committees of Department of Veterans Affairs a direct link to account, funds made available for fiscal year Congress a report setting forth the following: the Internet website of the Office of Inspector (1) A description of the following: 2008, in this or any other Act, may be trans- General of the Department of Veterans Affairs. (A) The unique challenges and costs faced by ferred from the ‘‘General operating expenses’’, SEC. 228. (a) AUTHORITY FOR TRANSFER OF veterans in remote rural areas of contiguous ‘‘National Cemetery Administration’’, and ‘‘Of- FUNDS TO SECRETARY OF HEALTH AND HUMAN and non-contiguous States when obtaining med- fice of Inspector General’’ accounts to the SERVICES TO TRAIN PSYCHOLOGISTS.—Upon a ical services from the Department of Veterans ‘‘Medical services’’ account: Provided, That be- determination by the Secretary of Veterans Af- Affairs. fore a transfer may take place, the Secretary of fairs that such action is in the national interest, (B) The need to improve access to locally-ad- Veterans Affairs shall request from the Commit- the Secretary of Veterans Affairs may transfer ministered care for veterans who reside in re- tees on Appropriations of both Houses of Con- mote rural areas. not more than $5,000,000 to the Secretary of (C) The need to fund alternative sources of gress the authority to make the transfer and an Health and Human Services for the Graduate approval is issued. medical services— Psychology Education Program to support in- (i) in areas where facilities of the Department (INCLUDING TRANSFER OF FUNDS) creased training of psychologists skilled in the of Veterans Affairs are not accessible to vet- SEC. 222. Amounts made available for the ‘‘In- treatment of post-traumatic stress disorder, erans without leaving such areas; and formation technology systems’’ account may be traumatic brain injury, and related disorders. (ii) in cases in which receipt of medical serv- transferred between projects: Provided, That no (b) LIMITATION ON USE OF TRANSFERRED ices by a veteran in a facility of the Department project may be increased or decreased by more FUNDS.—The Secretary of Health and Human requires transportation of such veteran by air than $1,000,000 of cost prior to submitting a re- Services may only use funds transferred under due to geographic and infrastructural con- quest to the Committees on Appropriations of this section for the purposes described in sub- straints. both Houses of Congress to make the transfer section (a). (2) An assessment of the potential for increas- and an approval is issued, or absent a response, (c) NOTIFICATION.—The Secretary of Veterans ing local access to medical services for veterans a period of 30 days has elapsed. Affairs shall notify Congress of any such trans- in remote rural areas of contiguous and non- SEC. 223. None of the funds available to the fer of funds under this section. contiguous States through strategic partner- Department of Veterans Affairs, in this Act, or SEC. 229. (a) REPORTS ON RECONSTRUCTION OF ships with other government and local private any other Act, may be used to replace the cur- DEPARTMENT OF VETERANS AFFAIRS MEDICAL health care providers. rent system by which the Veterans Integrated CENTER IN NEW ORLEANS, LOUISIANA.—(1) Not (b) APPROPRIATE COMMITTEES OF CONGRESS Services Networks select and contract for diabe- later than October 1 and April 1 each year, the DEFINED.—In this section, the term ‘‘appro- tes monitoring supplies and equipment. Secretary of Veterans Affairs shall submit to the priate committees of Congress’’ means— SEC. 224. Of the amounts made available for Committees on Appropriations a report on the (1) the Committees on Veterans’ Affairs of the fiscal year 2008, in this Act or any other Act, current status of the reconstruction of the De- Senate and the House of Representatives; and (2) the Subcommittees referred to in section under the ‘‘Medical Facilities’’ account for non- partment of Veterans Affairs Medical Center in 407. recurring maintenance, not more than 20 per- New Orleans, Louisiana. Each report shall in- cent of the funds made available shall be obli- SEC. 232. None of the funds appropriated or clude the following: otherwise made available by this Act may be gated during the last two months of the fiscal (A) The current status of the reconstruction of year. used during fiscal year 2008 to round down dol- the Medical Center, including the status of any lar amounts to the next lower whole dollar for SEC. 225. PROHIBITION ON DISPOSAL OF DE- ongoing environmental assessments, the status PARTMENT OF VETERANS AFFAIRS LANDS AND IM- payments of the following: of any current construction, and an assessment (1) Disability compensation under section 1114 PROVEMENTS AT WEST LOS ANGELES MEDICAL of the adequacy of funding necessary to com- of 38, United States Code. CENTER, CALIFORNIA. (a) IN GENERAL.—The Sec- plete the reconstruction. (2) Additional compensation for dependents retary of Veterans Affairs may not declare as (B) If reconstruction of the Medical Center is under section 1115(1) of such title. excess to the needs of the Department of Vet- subject to any major delay— (3) Clothing allowance under section 1162 of erans Affairs, or otherwise take any action to (i) a description of each such delay; such title. exchange, trade, auction, transfer, or otherwise (ii) an explanation for each such delay; and (4) Dependency and indemnity compensation dispose of, or reduce the acreage of, Federal (iii) a description of the action being taken or to surviving spouse under subsections (a) land and improvements at the Department of planned to address the delay. through (d) of section 1311 of such title.

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(5) Dependency and indemnity compensation the purchase of two passenger motor vehicles for AND VETERANS.—The Comptroller General of the to children under sections 1313(a) and 1314 of replacement only, and not to exceed $1,000 for United States shall conduct an assessment of such title. official reception and representation expenses, the adequacy of the mental health care services SEC. 233. None of the funds appropriated or $31,865,000, to remain available until expended. provided by the Department of Veterans Affairs otherwise made available by this Act or any In addition, such sums as may be necessary for and the Department of Defense to female mem- other Act for the Department of Veterans Af- parking maintenance, repairs and replacement, bers of the Armed Forces and female veterans to fairs may be used in a manner that is incon- to be derived from the Lease of Department of meet the mental health care needs of such mem- sistent with— Defense Real Property for Defense Agencies ac- bers and veterans. count. (1) section 842 of the Transportation, Treas- (b) REPORT.—Not later than September 1, 2008, ury, Housing and Urban Development, the Judi- Funds appropriated under this Act may be the Comptroller General shall submit to the Sub- ciary, and Independent Agencies Appropriations provided to Arlington County, Virginia, for the committees referred to in section 407 a report on Act, 2006 (Public Law 109–115; 119 Stat. 2506); or relocation of the federally-owned watermain at the assessment required by subsection (a). (2) section 8110(a)(5) of title 38, United States Arlington National Cemetery making additional land available for ground burials. SEC. 409. None of the funds appropriated or Code. otherwise made available by this Act may be ARMED FORCES RETIREMENT HOME SEC. 234. LIEUTENANT COLONEL CLEMENT C. used to enter into a contract in an amount VAN WAGONER DEPARTMENT OF VETERANS AF- TRUST FUND greater than $5,000,000 or to award a grant in FAIRS CLINIC. (a) DESIGNATION.—The Depart- For expenses necessary for the Armed Forces excess of such amount unless the prospective ment of Veterans Affairs clinic located in Retirement Home to operate and maintain the contractor or grantee certifies in writing to the Alpena, Michigan, shall be known and des- Armed Forces Retirement Home—Washington, agency awarding the contract or grant that the ignated as the ‘‘Lieutenant Colonel Clement C. District of Columbia and the Armed Forces Re- contractor or grantee has filed all Federal tax Van Wagoner Department of Veterans Affairs tirement Home—Gulfport, Mississippi, to be paid returns required during the three years pre- Clinic’’. from funds available in the Armed Forces Re- ceding the certification, has not been convicted (b) REFERENCES.—Any reference in a law, tirement Home Trust Fund, $55,724,000. of a criminal offense under the Internal Rev- map, regulation, document, paper, or other GENERAL FUND PAYMENT, ARMED FORCES enue Code of 1986, and has not been notified of record of the United States to the Department of RETIREMENT HOME any unpaid Federal tax assessment for which Veterans Affairs clinic referred to in subsection For payment to the ‘‘Armed Forces Retirement the liability remains unsatisfied unless the as- (a) shall be deemed to be a reference to the sessment is the subject of an installment agree- ‘‘Lieutenant Colonel Clement C. Van Wagoner Home’’, $5,900,000, to remain available until ex- pended. ment or offer in compromise that has been ap- Department of Veterans Affairs Clinic’’. proved by the Internal Revenue Service and is SEC. 235. The Secretary of Veterans Affairs ADMINISTRATIVE PROVISION not in default or the assessment is the subject of may carry out a major medical facility lease in SEC. 301. None of the funds in this title under a non-frivolous administrative or judicial ap- fiscal year 2008 in an amount not to exceed the heading ‘‘American Battle Monuments Com- peal. $12,000,000 to implement the recommendations mission’’ shall be available for the Capital Secu- SEC. 410. (a) In this section: outlined in the August, 2007 Study of South rity Costs Sharing program. Texas Veterans’ Inpatient and Specialty Out- TITLE IV (1) The term ‘‘City’’ means the City of Aurora, patient Health Care Needs. Colorado. GENERAL PROVISIONS TITLE III (2) The term ‘‘deed’’ means the quitclaim SEC. 401. No part of any appropriation con- deed— RELATED AGENCIES tained in this Act shall remain available for ob- (A) conveyed by the Secretary to the City; and AMERICAN BATTLE MONUMENTS ligation beyond the current fiscal year unless COMMISSION expressly so provided herein. (B) dated May 24, 1999. SEC. 402. Such sums as may be necessary for (3) The term ‘‘non-Federal land’’ means— SALARIES AND EXPENSES fiscal year 2008 pay raises for programs funded For necessary expenses, not otherwise pro- by this Act shall be absorbed within the levels (A) parcel I of the Fitzsimons Army Medical vided for, of the American Battle Monuments appropriated in this Act. Center, Colorado; and Commission, including the acquisition of land or SEC. 403. None of the funds made available in (B) the parcel of land described in the deed. interest in land in foreign countries; purchases this Act may be used for any program, project, (4) The term ‘‘Secretary’’ means the Secretary and repair of uniforms for caretakers of na- or activity, when it is made known to the Fed- of the Interior. tional cemeteries and monuments outside of the eral entity or official to which the funds are United States and its territories and possessions; made available that the program, project, or ac- (b)(1) In accordance with paragraph (2), and rent of office and garage space in foreign coun- tivity is not in compliance with any Federal law subject to each term and condition required tries; purchase (one-for-one replacement only) relating to risk assessment, the protection of pri- under paragraph (3), to allow the City to convey and hire of passenger motor vehicles; not to ex- vate property rights, or unfunded mandates. to the United States the non-Federal land to be ceed $7,500 for official reception and representa- SEC. 404. No part of any funds appropriated used by the Secretary of Veterans Affairs for the tion expenses; and insurance of official motor in this Act shall be used by an agency of the ex- construction of a veterans medical facility, the vehicles in foreign countries, when required by ecutive branch, other than for normal and rec- Secretary may execute such instruments as de- law of such countries, $45,600,000, to remain ognized executive-legislative relationships, for termined by the Secretary to be necessary to available until expended. publicity or propaganda purposes, and for the modify or release any condition under which the FOREIGN CURRENCY FLUCTUATIONS preparation, distribution or use of any kit, pam- non-Federal land would revert to the United phlet, booklet, publication, radio, television or States. For necessary expenses, not otherwise pro- film presentation designed to support or defeat (2) In carrying out paragraph (1), with respect vided for, of the American Battle Monuments legislation pending before Congress, except in Commission, $11,000,000, to remain available to the non-Federal land, the Secretary shall presentation to Congress itself. alter— until expended, for purposes authorized by sec- SEC. 405. All departments and agencies funded tion 2109 of title 36, United States Code. under this Act are encouraged, within the limits (A) each provision of the deed relating to a re- UNITED STATES COURT OF APPEALS FOR of the existing statutory authorities and fund- versionary interest of the United States; and VETERANS CLAIMS ing, to expand their use of ‘‘E-Commerce’’ tech- (B) any other reversionary interest of the SALARIES AND EXPENSES nologies and procedures in the conduct of their United States. business practices and public service activities. To authorize the use of the property to include For necessary expenses for the operation of SEC. 406. None of the funds made available in the United States Court of Appeals for Veterans use as a veteran’s facility in addition to use for this Act may be transferred to any department, recreational purposes. Claims as authorized by sections 7251–7298 of agency, or instrumentality of the United States title 38, United States Code, $24,217,000: Pro- Government except pursuant to a transfer made (3) The Secretary shall carry out paragraph vided, That $1,120,000 shall be available for the by, or transfer authority provided in, this Act or (1) subject to such terms and conditions as the purpose of providing financial assistance as de- any other appropriations Act. Secretary determines to be necessary to protect scribed, and in accordance with the process and SEC. 407. Unless stated otherwise, all reports the interests of the United States. reporting procedures set forth, under this head- and notifications required by this Act shall be SEC. 411. For an additional amount ing in Public Law 102–229. submitted to the Subcommittee on Military Con- $100,000,000, with $50,000,000 each to the Cities DEPARTMENT OF DEFENSE—CIVIL struction, Veterans Affairs, and Related Agen- of Denver, Colorado, and St. Paul, Minnesota, CEMETERIAL EXPENSES, ARMY cies of the Committee on Appropriations of the shall be available to the Department of Home- House of Representatives and the Subcommittee land Security for State and local law enforce- SALARIES AND EXPENSES on Military Construction, Veterans Affairs, and ment entities for security and related costs, in- For necessary expenses, as authorized by law, Related Agencies of the Committee on Appro- cluding overtime, associated with the Demo- for maintenance, operation, and improvement of priations of the Senate. cratic National Convention and Republican Na- Arlington National Cemetery and Soldiers’ and SEC. 408. (a) ASSESSMENT OF MENTAL HEALTH tional Convention in 2008. The Department of Airmen’s Home National Cemetery, including CARE SERVICES FOR FEMALE SERVICEMEMBERS Homeland Security shall provide for an audit

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\A07SE6.022 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11278 CONGRESSIONAL RECORD — SENATE September 7, 2007 of all amounts made available under this sec- (2) through the use of books, computer re- disease, and that countless additional tion, including expenditures by State and local sources, and other resources, a necessary friends, loved ones, spouses, and caregivers law enforcement entities. Amounts provided by component for expanding the curriculum of must shoulder the physical, emotional, and this section are designated as an emergency re- the public schools of the United States; financial burdens that polycystic kidney dis- quirement pursuant to section 204 of S. Con. Whereas the school libraries of the United ease causes; Res. 21 (110th Congress). States are used as media centers to provide Whereas polycystic kidney disease, for SEC. 412. None of the funds appropriated or students with opportunities to interact with which there is no treatment or cure, is the otherwise made available by this Act may be computers and other electronic information leading genetic cause of kidney failure in the used for any action that is related to or pro- resources; United States and the 4th leading cause motes the expansion of the boundaries or size of Whereas the use of school library com- overall; the Pinon Canyon Maneuver Site, Colorado. puters helps students develop media and Whereas the vast majority of polycystic This Act may be cited as the ‘‘Military Con- technological skills, including— kidney disease patients reach kidney failure struction and Veterans Affairs and Related (1) critical thinking; at an average age of 53, causing a severe Agencies Appropriations Act, 2008’’. (2) communication competency; and strain on dialysis and kidney transplan- Mr. INOUYE. Mr. President, I note (3) the ethical and appropriate use of tech- tation resources and on the delivery of the absence of a quorum. nology information access, retrieval, and health care in the United States, as the larg- The PRESIDING OFFICER. The production; est segment of the population of the United clerk will call the roll. Whereas the school libraries of the United States, the ‘‘baby boomers’’, continues to The assistant legislative clerk pro- States serve as a gathering place for stu- age; dents of all ages, backgrounds, and interests ceeded to call the roll. Whereas end stage renal disease is one of to come together to debate ideas; the fastest growing components of the Medi- Mr. BROWN. Mr. President, I ask Whereas only approximately $1,000,000,000 unanimous consent that the order for care budget, and polycystic kidney disease is allocated to school libraries each year, contributes to that cost by an estimated the quorum call be rescinded. which translates to $0.54 per student; and $2,000,000,000 annually for dialysis, kidney The PRESIDING OFFICER. Without Whereas numerous programs, including the transplantation, and related therapies; objection, it is so ordered. READesign program of the Heart of America Whereas polycystic kidney disease is a sys- f Foundation, are working to reestablish temic disease that causes damage to the kid- school libraries as the hearts of the public ney and the cardiovascular, endocrine, he- THE CALENDAR schools of the United States by— patic, and gastrointestinal organ systems Mr. BROWN. Mr. President, I ask (1) offering intensive care for school librar- and instills in patients a fear of an unknown unanimous consent that the Senate ies though efforts designed— future with a life-threatening genetic disease (A) to redecorate school libraries; and apprehension over possible genetic dis- proceed en bloc to the consideration of (B) to revitalize technology available to the following calendar items: Calendar crimination; school libraries; and Whereas the severity of the symptoms of No. 342, S. Res. 134; Calendar No. 343, S. (C) to replenish the book shelves of polycystic kidney disease and the limited Res. 282; Calendar No. 344, S. Res. 288; school libraries; and public awareness of the disease cause many Calendar No. 345, S. Res. 292; and Cal- (2) renewing community support and inter- patients to live in denial and forego regular endar No. 346, S. Res. 301. est for— visits to their physicians or to avoid fol- The PRESIDING OFFICER. Without (A) enriching the lives of children; and lowing good health management which objection, it is so ordered. (B) helping students regain lost opportu- would help avoid more severe complications nities for learning: Now, therefore, be it Mr. BROWN. I ask unanimous con- when kidney failure occurs; Resolved, That the Senate— Whereas people who have chronic, life- sent that the resolutions be agreed to (1) designates September 2007 as ‘‘Adopt a en bloc, the preambles be agreed to en threatening diseases like polycystic kidney School Library Month’’ to raise public disease have a predisposition to depression bloc, the motions to reconsider be laid awareness about the important role school and its resultant consequences due to their upon the table en bloc, the consider- libraries play in the academic achievement anxiety over pain, suffering, and premature ation of these items appear separately of children; and death; in the RECORD, and that any state- (2) calls on the Federal Government, Whereas the Senate and taxpayers of the ments relating thereto be printed at States, local governments, schools, nonprofit United States desire to see treatments and organizations, businesses, and the people of cures for disease and would like to see re- the appropriate place in the RECORD as the United States to observe the month with if read. sults from investments in research con- appropriate ceremonies, programs, and other ducted by the National Institutes of Health The PRESIDING OFFICER. Without activities. objection, it is so ordered. (NIH) and from such initiatives as the NIH f Roadmap to the Future; f NATIONAL POLYCYSTIC KIDNEY Whereas polycystic kidney disease is a verifiable example of how collaboration, ADOPT A SCHOOL LIBRARY DISEASE AWARENESS WEEK MONTH technological innovation, scientific momen- The resolution (S. Res. 282) sup- tum, and public-private partnerships can The resolution (S. Res. 134) desig- porting the goals and ideals of a Na- generate therapeutic interventions that di- nating September 2007 as ‘‘Adopt a tional Polycystic Kidney Disease rectly benefit polycystic kidney disease suf- School Library Month,’’ was considered Awareness Week to raise public aware- ferers, save billions of Federal dollars under and agreed to. ness and understanding of polycystic Medicare, Medicaid, and other programs for dialysis, kidney transplants, The preamble was agreed to. kidney disease and to foster under- The resolution, with its preamble, immunosuppressant drugs, and related standing of the impact polycystic kid- therapies, and make available several thou- reads as follows: ney disease has on patients and future sand openings on the kidney transplant wait- S. RES. 134 generations of their families, was con- ing list; Whereas extensive research has dem- sidered and agreed to. Whereas improvements in diagnostic tech- onstrated a link between high-quality school The preamble was agreed to. nology and the expansion of scientific libraries and student achievement in the The resolution, with its preamble, knowledge about polycystic kidney disease classroom and on standardized tests, regard- reads as follows: have led to the discovery of the 3 primary less of the level of poverty or family insta- genes that cause polycystic kidney disease bility experienced by the student; S. RES. 282 and the 3 primary protein products of the Whereas 37 percent of all fourth grade chil- Whereas polycystic kidney disease (known genes and to the understanding of cell struc- dren in the United States are reading at as ‘‘PKD’’) is 1 of the most prevalent life- tures and signaling pathways that cause cyst below-basic reading levels; threatening genetic diseases in the United growth that has produced multiple poly- Whereas the school libraries of the United States, is a severe, dominantly inherited dis- cystic kidney disease clinical drug trials; States are valuable tools that could be used ease that has a devastating impact, in both Whereas there are thousands of volunteers to inspire and enhance literacy for all chil- human and economic terms, on people of all nationwide who are dedicated to expanding dren; ages, and affects equally people of all races, essential research, fostering public aware- Whereas, to become a lifelong reader, a sexes, nationalities, geographic locations, ness and understanding of polycystic kidney student must be exposed to adults who read and income levels; disease, educating polycystic kidney disease regularly and serve as positive reading role Whereas, based on prevalence estimates by patients and their families about the disease models; the National Institutes of Health, it is esti- to improve their treatment and care, pro- Whereas school librarians are— mated that about 600,000 patients in the viding appropriate moral support, and en- (1) instrumental in helping teachers edu- United States have a genetic inheritance couraging people to become organ donors; cate the students of the United States; and from 1 or both parents for polycystic kidney and

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.022 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11279 Whereas these volunteers engage in an an- strategies is crucial to saving the lives of cant events in the American civil nual national awareness event held during men and preserving and protecting families: rights movement, was considered and the 3rd week of September, and such a week Now, therefore, be it agreed to. would be an appropriate time to recognize Resolved, That the Senate— The preamble was agreed to. National Polycystic Kidney Disease Aware- (1) designates September 2007 as ‘‘National ness Week: Now, therefore, be it Prostate Cancer Awareness Month’’; The resolution, with its preamble, Resolved, That the Senate— (2) declares that the Federal Government reads as follows: (1) designates the week of September 9–16, has a responsibility— S. RES. 301 2007, as ‘‘National Polycystic Kidney Disease (A) to raise awareness about the impor- Whereas the landmark 1954 Supreme Court Awareness Week’’; tance of screening methods for, and treat- decision in Brown v. Board of Education of (2) supports the goals and ideals of a na- ment of, prostate cancer; Topeka established that racial segregation tional week to raise public awareness and (B) to increase research funding that is in public schools violated the Constitution of understanding of polycystic kidney disease commensurate with the burden of the disease the United States; (known as ‘‘PKD’’); so that the screening and treatment of pros- Whereas, in September 1957, 9 African- (3) recognizes the need for additional re- tate cancer may be improved, and so that American students (Minnijean Brown, Eliza- search into a cure for polycystic kidney dis- the causes of, and a cure for, prostate cancer beth Eckford, Ernest Green, Thelma ease; and may be discovered; and Mothershed, Melba Pattillo, Gloria Ray, Ter- (4) encourages the people of the United (C) to continue to consider ways for im- rence Roberts, Jefferson Thomas, and States and interested groups to support Na- proving access to, and the quality of, health Carlotta Walls), known as the ‘‘Little Rock tional Polycystic Kidney Disease Awareness care services for detecting and treating pros- Nine’’, became the first African-American Week through appropriate ceremonies and tate cancer; and students at Little Rock Central High School; activities, to promote public awareness of (3) requests the President to issue a procla- Whereas the Little Rock Nine displayed polycystic kidney disease and to foster un- mation calling on the people of the United tremendous strength, determination, and derstanding of the impact of the disease on States, interested groups, and affected per- courage despite enduring verbal and physical patients and their families. sons— abuse; f (A) to promote awareness of prostate can- Whereas Little Rock Central High School cer; NATIONAL PROSTATE CANCER was listed in the National Register of His- (B) to take an active role in the fight to toric Places on August 19, 1977, and was des- AWARENESS WEEK end the devastating effects of prostate can- ignated a National Historic Landmark on The resolution (S. Res. 288) desig- cer on individuals, their families, and the May 20, 1982; nating September 2007 as ‘‘National economy; and Whereas, on November 6, 1998, Congress es- Prostate Cancer Awareness Month,’’ (C) to observe National Prostate Cancer tablished the Little Rock Central High Awareness Month with appropriate cere- School National Historic Site in the State of was considered and agreed to. monies and activities. The preamble was agreed to. Arkansas (Public Law 105–356), which is ad- The resolution, with its preamble, f ministered in partnership with the National Park Service, the Little Rock Public School reads as follows: NATIONAL ASSISTED LIVING System, the City of Little Rock, and other S. RES. 288 WEEK entities; Whereas countless families in the United The resolution (S. Res. 292) desig- Whereas, in 2007, Little Rock Central High States live with prostate cancer; School and the Little Rock Central High Whereas 1 in 6 men in the United States nating the week beginning September School Integration 50th Anniversary Com- will be diagnosed with prostate cancer in his 9, 2007, as ‘‘National Assisted Living mission will host events to commemorate lifetime; Week,’’ was considered and agreed to. the 50th anniversary of the Little Rock Nine Whereas over the past decade, prostate The preamble was agreed to. entering Little Rock Central High School; cancer has been the most commonly diag- The resolution, with its preamble, Whereas these events will include the nosed non-skin cancer and the second most reads as follows: opening of a new visitors’ center and mu- common cause of cancer-related deaths seum, which will feature exhibits on the Lit- S. RES. 292 among men in the United States; tle Rock Nine and the road to desegregation; Whereas, in 2007, according to estimates Whereas the number of elderly and dis- and from the American Cancer Society, over abled citizens of the United States is increas- Whereas Little Rock Central High School 218,890 men in the United States will be diag- ing dramatically; continues to be regarded as one of the best nosed with prostate cancer and 27,050 men in Whereas assisted living is a long-term care public high schools in the United States, the United States will die of prostate cancer; service that fosters choice, dignity, inde- with students scoring above the national av- Whereas 30 percent of new diagnoses of pendence, and autonomy in the elderly and erage on the ACT, PSAT, and PLAN tests prostate cancer occur in men under the age disabled across the United States; and receiving an average of $3,000,000 in aca- of 65; Whereas the National Center for Assisted demic scholarships each year: Now, there- Whereas a man in the United States turns Living created National Assisted Living fore, be it 50 years old about every 14 seconds, increas- Week; Resolved, That the Senate— ing his odds of developing cancer, including Whereas the theme of National Assisted (1) recognizes the extraordinary bravery prostate cancer; Living Week 2007 is ‘‘Legacies of Love’’; and and courage of the Little Rock Nine, who Whereas African-American males suffer a Whereas this theme highlights the privi- helped expand opportunity and equality in prostate cancer incidence rate up to 65 per- lege, value, and responsibility of passing the public education in Arkansas and through- cent higher than White males and double the legacies of the lives of the elderly and dis- out the United States by becoming the first mortality rates; abled of the United States down through the African-American students at Little Rock Whereas obesity is a significant predictor generations that care for and love them: Central High School; of the severity of prostate cancer and the Now, therefore, be it (2) commemorates the 50th anniversary of probability that the disease will lead to Resolved, That the Senate— the desegregation of Little Rock Central death; (1) designates the week beginning Sep- High School, one of the most significant Whereas if a man in the United States has tember 9, 2007, as ‘‘National Assisted Living events in the American civil rights move- 1 family member diagnosed with prostate Week’’; and ment; cancer, he has double the risk of prostate (2) urges all people of the United States— (3) encourages all people of the United cancer, if he has 2 family members with such (A) to visit friends and loved ones who re- States to reflect on the importance of this diagnoses, he has 5 times the risk, and if he side at assisted living facilities; and event; and has 3 family members with such diagnoses, (B) to learn more about assisted living (4) acknowledges that continued efforts he then has a 97 percent risk of prostate can- services, including how assisted living serv- and resources should be directed to enable cer; ices benefit communities in the United all children to achieve equal opportunity in Whereas screening by both a digital rectal States. education in the United States. examination (DRE) and a prostate specific f f antigen blood test (PSA) can diagnose the disease in earlier and more treatable stages 50TH ANNIVERSARY OF DESEGRE- ESTABLISHMENT OF A MUSEUM and reduce prostate cancer mortality; GATION IN LITTLE ROCK, AR- OF THE HISTORY OF AMERICAN Whereas ongoing research promises further KANSAS DIPLOMACY improvements in prostate cancer prevention, early detection, and treatments; and The resolution (S. Res. 301) recog- Mr. BROWN. Mr. President, I ask Whereas educating people in the United nizing the 50th anniversary of the de- unanimous consent that the Senate States, including health care providers, segregation of Little Rock Central proceed to the immediate consider- about prostate cancer and early detection High School, one of the most signifi- ation of Calendar No. 243, S. Res. 253.

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A07SE6.028 S07SEPT1 cnoel on PRODPC60 with SENATE_CN S11280 CONGRESSIONAL RECORD — SENATE September 7, 2007 The PRESIDING OFFICER. The (2) the people of the United States deserve the Marquis serve as the Governor of Lou- clerk will report the resolution by a better understanding of the efforts of these isiana; title. brave men and women; Whereas Lafayette symbolizes the assist- The legislative clerk read as follows: (3) talented young people and their fami- ance America received from Europe during lies should be encouraged to consider careers the struggle for independence; A resolution (S. Res. 253) expressing the in foreign affairs as an important contribu- Whereas United States aid to France dur- sense of the Senate that the establishment of tion to their country; ing the World Wars of 1917-1918 and 1941-1945 a Museum of the History of American Diplo- (4) the establishment of a Museum of the stemmed in part from shared values of de- macy through private donations is a worthy History of American Diplomacy that high- mocracy and freedom, which Lafayette endeavor. lights the work of these men and women strongly supported; There being no objection, the Senate throughout the history of the United States Whereas the friendship between the people proceeded to consider the resolution. is a worthy endeavor; and of the United States and France has not di- Mr. BROWN. Mr. President, I ask (5) the current plan of the Foreign Affairs minished; unanimous consent that the resolution Museum Council to fund the museum Whereas continued relationships between be agreed to, the preamble be agreed through private donations is appropriate and the United States and France are important deserves the support of the Department of to the success of our global partnerships; to, the motions to reconsider be laid State. Whereas the town of Vermilionville, Lou- upon the table, and that any state- f isiana, was renamed Lafayette in 1884 in ments relating thereto be printed in honor of the Marquis de Lafayette; and the RECORD, without further inter- COMMENDING LAFAYETTE, Whereas the city of Lafayette, Louisiana, vening action or debate. LOUISIANA in the heart of the Acadiana region, exhibits The PRESIDING OFFICER. Without Mr. BROWN. Mr. President, I ask a rich French heritage: Now, therefore, be it Resolved, That the Senate— objection, it is so ordered. unanimous consent that the Senate The resolution (S. Res. 253) was (1) honors the Marquis de Lafayette on the proceed to the immediate consider- 250th anniversary of his birth; and agreed to. ation of S. Res. 310 submitted earlier (2) commends the city of Lafayette, Lou- The preamble was agreed to. today. isiana, for engaging in a year-long celebra- The resolution, with its preamble, The PRESIDING OFFICER. The tion of this anniversary. reads as follows: clerk will report the resolution by f S. RES. 253 title. SUPPORTING THE GOALS AND Whereas the role of diplomacy in the for- The legislative clerk read as follows: eign policy of the United States deserves rec- IDEALS OF NATIONAL OVARIAN A resolution (S. Res. 310) commending the CANCER AWARENESS MONTH ognition; city of Lafayette, Louisiana, for engaging in Whereas the day-to-day efforts of Amer- a year-long celebration of the 250th anniver- Mr. BROWN. Mr. President, I ask ican diplomats serving in overseas embassies sary of the birth of Marie-Joseph-Paul-Yves- unanimous consent that the Senate and in the United States also deserve rec- Roch-Gilbert Du Motier, commonly known proceed to the immediate consider- ognition; as the Marquis de Lafayette. Whereas, in 1998, the Department of State ation of S. Res. 311, submitted earlier began to explore the feasibility of estab- There being no objection, the Senate today. lishing a Museum of the History of American proceeded to consider the resolution. The PRESIDING OFFICER. The Diplomacy (in this resolution referred to as Mr. BROWN. Mr. President, I ask clerk will report the resolution by the ‘‘Museum’’); unanimous consent that the resolution title. Whereas the Foreign Affairs Museum be agreed to, the preamble be agreed The legislative clerk read as follows: Council (in this resolution referred to as the to, the motions to reconsider be laid A resolution (S. Res. 311) supporting the ‘‘Council’’), a 501(c)(3) charitable foundation, upon the table, and that any state- goals and ideals of National Ovarian Cancer was created subsequently to raise funds for ments relating thereto be printed in Awareness Month. the Museum through donations from private sector organizations, former diplomats, and the RECORD. There being no objection, the Senate concerned citizens; The PRESIDING OFFICER. Without proceeded to consider the resolution. Whereas no taxpayer funds will be used for objection, it is so ordered. Ms. STABENOW. Mr. President, this the establishment of the Museum; The resolution (S. Res. 310) was resolution designates September as Whereas former Secretaries of State Henry agreed to. ‘‘National Ovarian Cancer Awareness Kissinger, Alexander Haig, George Schultz, The preamble was agreed to. Month.’’ I am pleased to be joined by James Baker III, Lawrence Eagleburger, The resolution, with its preamble, my colleagues, Senators DOLE and Warren Christopher, Madeleine Albright, and reads as follows: CLINTON, to shed some light on this dis- Colin Powell serve as Honorary Directors of the Council; S. RES. 310 ease. Whereas experienced and noteworthy dip- Whereas the Marquis de Lafayette was This year alone, ovarian cancer will lomats and foreign policy experts, including born on September 6, 1757, and occupies an be diagnosed in an estimated 20,000 Elizabeth Bagley, Keith Brown, Frank Car- important place in the history of the United women, and approximately 15,000 more lucci, Elinor Constable, Leslie Gelb, William States; women will die of this disease. Unfortu- Harrop, Arthur Hartman, Herbert Hansell, Whereas Lafayette demonstrated consider- nately, ovarian cancer is usually Stephen Low, Thomas Pickering, Richard able military skill, valor, and dedication as caught in an advanced stage, meaning Solomon, and Terence Todman, serve on the he fought alongside American revolutionary there is only a 29 percent survival rate Board of Directors of the Council; fighters during their struggle for independ- Whereas former members of the Senate, in- ence, and was voted by Congress the rank over five years. We must acknowledge cluding the Honorable Paul Sarbanes, and of and commission of major general in the Con- these statistics and overcome the chal- the House of Representatives, including the tinental Army; lenges of diagnosing this deadly dis- Honorable Lee Hamilton, also serve on the Whereas Lafayette’s military service was ease. Board of Directors of the Council; invaluable to General George Washington Earlier this year, I was fortunate to Whereas the Honorable Charles ‘‘Mac’’ Ma- during many Revolutionary War battles, have the opportunity to meet with thias, a former Senator and member of the earning him his reputation as ‘‘the soldier’s nine-year survivor Carolyn Benivegna Committee on Foreign Relations of the Sen- friend’’; of Novi, Michigan. After being ate, is the Chairperson of the Board of Direc- Whereas Lafayette’s leadership and mili- tors of the Council; tary ingenuity during the Battle of York- misdiagnosed by a number of doctors, Whereas the Council has already raised town, Virginia, led to the defeat of British Carolyn finally learned that she had over $1,300,000 through private donations; General Lord Charles Cornwallis and subse- ovarian cancer. However, Carolyn is and quently the successful end to the American not letting the cancer run her life. In- Whereas $300,000 has been spent to com- Revolutionary War; stead, she has become an advocate for plete an initial concept design for the Mu- Whereas Lafayette’s advocacy in France on the Survivors Teaching Students pro- seum: Now, therefore, be it behalf of the United States fostered positive gram, which aims to enhance medical Resolved, That it is the sense of the Senate diplomatic relations and allowed for the students’ understanding of the symp- that— Louisiana Purchase; (1) the diplomats of the United States serv- Whereas Lafayette’s status as a native toms and risk factors of ovarian cancer ing overseas and in the United States are in French speaker, in combination with his to facilitate early diagnosis and detec- many cases the front line of our national se- dedication to democracy in America, tion when they begin practicing medi- curity policy; prompted Thomas Jefferson to request that cine. I am proud that both Michigan

VerDate Aug 31 2005 03:02 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07SE6.043 S07SEPT1 cnoel on PRODPC60 with SENATE_CN September 7, 2007 CONGRESSIONAL RECORD — SENATE S11281 State University and Wayne State Uni- Whereas many people are unaware that the The PRESIDING OFFICER. Without versity are starting Survivors Training symptoms of ovarian cancer often include objection, it is so ordered. Students programs for their medical bloating, pelvic or abdominal pain, difficulty students. eating or feeling full quickly, and urinary f While there is no definitive screening symptoms, among several other symptoms that are easily confused with other diseases; test, recent studies have shown com- ADJOURNMENT UNTIL MONDAY, Whereas due to the lack of a reliable early SEPTEMBER 10, 2007, AT 10 A.M. mon symptoms of ovarian cancer such screening test, 75 percent of cases of ovarian as bloating, abdominal pain, and dif- cancer are detected at an advanced stage, Mr. BROWN. Mr. President, if there ficulty eating. However, we must take when the 5-year survival rate is only 50 per- is no further business today, I ask active steps to educate the community cent, a much lower rate than for many other unanimous consent that the Senate and medical providers of the newest cancers; stand adjourned under the previous discoveries in prevention, early diag- Whereas if ovarian cancer is diagnosed and order. nosis, and treatment of this disease. treated at an early stage before the cancer There being no objection, the Senate, Mr. President, by recognizing Sep- spreads outside of the ovary, the treatment at 12:29 p.m., adjourned until Monday, is potentially less costly, and the survival tember as National Ovarian Cancer September 10, 2007, at 10 a.m. Awareness Month, we can show our rate is as high as 90 percent; Whereas there are factors that are known f support for ovarian cancer survivors to reduce the risk for ovarian cancer and and their families and join the fight to play an important role in the prevention of conquer this disease. the disease; NOMINATIONS Mr. BROWN. Mr. President, I ask Whereas awareness and early recognition Executive nominations received by unanimous consent that the resolution of ovarian cancer symptoms are currently the Senate: be agreed to, the preamble be agreed the best way to save women’s lives; COMMODITY FUTURES TRADING COMMISSION to, the motions to reconsider be laid Whereas the Ovarian Cancer National Alli- ance, during the month of September, holds WALTER LUKKEN, OF INDIANA, TO BE CHAIRMAN OF upon the table, and that any state- THE COMMODITY FUTURES TRADING COMMISSION, VICE ments relating thereto be printed in a number of events to increase public aware- REUBEN JEFFERY III. ness of ovarian cancer; and the RECORD. DEPARTMENT OF COMMERCE The PRESIDING OFFICER. Without Whereas a National Ovarian Cancer Aware- ness Month should be designated to increase TODD J. ZINSER, OF VIRGINIA, TO BE INSPECTOR GEN- objection, it is so ordered. ERAL, DEPARTMENT OF COMMERCE, VICE JOHNNIE E. the awareness of the public regarding the FRAZIER, RESIGNED. The resolution (S. Res. 311) was cancer: Now, therefore, be it DEPARTMENT OF STATE agreed to. Resolved, That the Senate supports the The preamble was agreed to. goals and ideals of National Ovarian Cancer VINCENT OBSITNIK, OF VIRGINIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE The resolution, with its preamble, Awareness Month. reads as follows: UNITED STATES OF AMERICA TO THE SLOVAK REPUBLIC. f DEPARTMENT OF HOMELAND SECURITY S. RES. 311 ORDERS FOR MONDAY, HARVEY E. JOHNSON, JR., OF VIRGINIA, TO BE DEPUTY Whereas ovarian cancer is the deadliest of ADMINISTRATOR AND CHIEF OPERATING OFFICER, FED- all gynecological cancers, and the reported SEPTEMBER 10, 2007 ERAL EMERGENCY MANAGEMENT AGENCY, DEPART- MENT OF HOMELAND SECURITY. (NEW POSITION) incidence of ovarian cancer is increasing Mr. BROWN. Mr. President, I ask over time; Whereas ovarian cancer is the 5th leading unanimous consent that when the Sen- f cause of cancer deaths among women in the ate completes its business today, it United States; stand adjourned until 10 a.m. Monday, WITHDRAWAL Whereas all women are at risk for ovarian September 10; that on Monday, fol- Executive Message transmitted by cancer, and 90 percent of women diagnosed lowing the prayer and the pledge, the the President to the Senate on Sep- with ovarian cancer do not have a family Journal of proceedings be approved to tember 7, 2007 withdrawing from fur- history that puts them at higher risk; date, the morning hour be deemed to ther Senate consideration the fol- Whereas the Pap smear is sensitive and have expired, the time for the two lead- specific to the early detection of cervical lowing nomination: ers be reserved for their use later in cancer, but not to ovarian cancer; VINCENT OBSITNIK, OF VIRGINIA, TO BE AMBASSADOR Whereas there is currently no reliable and the day, and the Senate then proceed EXTRAORDINARY AND PLENIPOTENTIARY OF THE to executive session, as provided under UNITED STATES OF AMERICA TO THE REPUBLIC OF SLO- easy-to-administer screening test used for VENIA, WHICH WAS SENT TO THE SENATE ON JULY 25, the early detection of ovarian cancer; a previous order. 2007.

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CONGRATULATING BRUCE HONORING THE 16TH INDEPEND- the second woman to serve on the New Mex- BAUGHMAN FOR HIS SERVICE AS ENCE DAY FOR UKRAINE ico Supreme Court, and in 1999 she became DIRECTOR OF THE ALABAMA the court’s first female chief justice. EMERGENCY MANAGEMENT HON. JAMES T. WALSH Minzner will always be known for her integ- AGENCY OF NEW YORK rity. She stood strong on principal when poli- tics threatened to poison the court. She gave IN THE HOUSE OF REPRESENTATIVES freely of her advice and compassion, and pub- HON. JO BONNER Friday, September 7, 2007 OF ALABAMA lic officials across New Mexico regarded her IN THE HOUSE OF REPRESENTATIVES Mr. WALSH of New York. Madam Speaker, as a mentor and a friend. Assistants remem- 16 years ago on August 22, 1991, the Ukrain- ber leaving her chambers late at night with the Friday, September 7, 2007 ian parliament adopted the Act of Independ- judge still working, and her husband, Dick, re- Mr. BONNER. Madam Speaker, it is with ence in which the parliament declared Ukraine calls her commitment to the law and to her great pride and personal pleasure that I rise as an independent democratic state. The So- work. today to honor Bruce Baughman for his years viet rule over the region was finally over. I served as New Mexico’s Attorney General of leadership and service to the state of Ala- Today, August 24th, is celebrated as when Justice Minzner was on the Supreme bama as director of the Alabama Emergency Ukrainian Independence Day. Court. I remember her ability to inspire trust in Management Agency (AEMA). Here in the United States, Ukrainian-Ameri- the rule of law. Justice Minzner believed in the Bruce’s tenure has endured devastating nat- cans join together on this date to celebrate law as a force for progress and fairness. ural disasters across Alabama, including Hurri- their nation’s democracy. As a example to the Through the respect she showed to every law- canes Ivan and Katrina as well as a deadly rest of the world, Ukrainian democracy was yer who entered her court, she showed New tornado that killed 10 people at Enterprise created without bloodshed. Today the nation Mexico that the legal system can be fair and High School. In each of these circumstances, enjoys the freedoms of speech, religion and just to all sides. On behalf of New Mexico, I Bruce’s experience and guidance proved cru- civil liberties and boosts one of Europe’s want to honor Justice Minzner for her exem- cial to the entire region. In the wake of Hurri- strongest economies. plary work and life as a wife to Dick and moth- cane Katrina, the recovery in south Alabama For the many generations of immigrants that er to Carl and Max. was much better than expected, and as a re- have come from Ukraine to the United States, f sult of Bruce’s steady hand, AEMA’s response memories of communist rule and hard times to Hurricane Katrina in 2005 received national during the Soviet reign are still prevalent in IN RECOGNITION OF GENERAL praise. their minds. However, Ukrainian Independence VICTOR E. RENUART, JR. His list of accomplishments is long enough Day is a day where freedom and democracy to fill an entire volume of the CONGRESSIONAL are celebrated. Especially in towns like HON. DOUG LAMBORN RECORD. Among the highlights, Bruce was the Irondequoit, NY. OF COLORADO Federal Emergency Management Agency’s Irondequoit boosts a strong and vibrant IN THE HOUSE OF REPRESENTATIVES (FEMA) director of operations for response ef- Ukrainian community. Over 15,000 Ukrainian- Friday, September 7, 2007 forts at both the World Trade Center and the Americans call this town their home. There are Pentagon in the wake of the September 11 2 Ukrainian churches and it is home to one of Mr. LAMBORN. Madam Speaker, I rise in terrorist attacks. Bruce also served as director the largest annual Ukrainian festivals in the recognition of United States Air Force General of FEMA’s Office of National Preparedness, a country. Victor E. Renuart, Jr. who, on March 19, 2007, department created at the request of the presi- In this light, I would like to recognize all the assumed command of North American Aero- dent and charged with planning and coordi- Ukrainian-Americans in Irondequoit as they space Defense Command and United States nating the agency’s domestic terrorism pre- gather to celebrate Ukrainian Independence Northern Command both of which are located paredness. Day. at Peterson Air Force Base in the Fifth Con- Bruce has served as director of FEMA’s f gressional District of Colorado. Planning and Readiness Division, coordinating General Renuart began his distinguished the development and implementation of FEMA STATEMENT OF CHIEF JUSTICE career with the United States Air Force in policies and procedures for use during presi- PAMELA MINZNER 1971 and completed Officer Training School in dentially declared emergencies. Prior to joining 1972. After commanding the 76th Tactical FEMA, Bruce served on the Mississippi EMA HON. TOM UDALL Fighter Squadron during Operation Desert staff. Bruce is also a veteran, having served OF NEW MEXICO Shield and Operation Desert Storm, General his country as an artillery officer in the U.S. IN THE HOUSE OF REPRESENTATIVES Renuart was appointed, in 1992, Director of Marine Corps, seeing service in Asia, Europe, Assignments, Deputy Chief of Staff for Per- Friday, September 7, 2007 and the Caribbean. sonnel, Headquarters, U.S. Air Forces in Eu- Bruce’s lifetime of service has certainly not Mr. UDALL of New Mexico. Madam Speak- rope. He then went on to become Com- gone unnoticed. He has received numerous er, when Pamela Minzner became the first fe- mander, Headquarters Support Group, Allied awards including FEMA’s Distinguished Serv- male chief justice of the New Mexico Supreme Air Forces Central Europe, NATO at Ramstein ice Award and four FEMA Meritorious Service Court, lawyers wanted to know what to call Air Force Base in Germany. He has served as Awards. her. New Mexico lawyers had never used the Director of Plans for the NATO Combined Air Madam Speaker, the faithful service of out- phrase ‘‘Madam Chief Justice,’’ so they de- Operations Center, Commander of the 52nd standing Americans like Bruce Baughman has cided to inquire if they could call her ‘‘Chief Fighter Wing, Commander of the 347th Fighter contributed in an immeasurable way to the Justice Minzner.’’ The Chief Justice’s reply Wing, and in 2000 took command of Joint wellbeing of our state and our Nation. I would speaks volumes about her personality. She Task Force-Southwest Asia and the 9th Air like to offer my congratulations to Bruce for his told the shocked lawyers, ‘‘just call me Pam.’’ and Space Expeditionary Task Force-South- many personal and professional achievements Pamela Minzner grew up with dreams of west Asia. and offer a heartfelt ‘‘thank you’’ for a job well being a secretary. She believed the job would After serving as Director of Operations for done. give her all the independence a woman could U.S. Central Command where he supervised I know his family and many friends join with expect. But after interning at the Ohio Civil all joint and allied combat, as well as humani- me in honoring his accomplishments and ex- Rights Commission in the 1960s, Minzner de- tarian and reconstruction operations for Oper- tending thanks for his many efforts on behalf cided to study law. In 1968 she graduated ation Enduring Freedom and Operation Iraqi of the people of Alabama and our great Na- from Harvard Law School as one of 22 women Freedom, General Renuart became Vice Com- tion. in a class of 500. In 1994, she became just mander of Pacific Air Forces and Director of

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

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.001 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1824 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 Strategic Plans and Policy on the Joint Staff. diverse projects as Fulton County Stadium, PERSONAL EXPLANATION Most recently, General Renuart was the Sen- Ericsson Stadium, Discovery Cove for Sea ior Military Assistant to the Secretary of De- World, NASCAR Hall of Fame, and numerous industrial and telecommunications projects. HON. DENNIS MOORE fense, in which capacity he also served as the In addition to work in the United States, OF KANSAS senior military liaison to the military services BE&K operates an industrial construction IN THE HOUSE OF REPRESENTATIVES for the Joint Chiefs of Staff and the combatant company in Poland and Russia and a Friday, September 7, 2007 commands. biotech-engineering firm in Helsinki, Fin- I would like to extend my sincere gratitude land. Mr. MOORE of Kansas. Madam Speaker, to General Renuart for his service to our Na- Goodrich has served as board member and on March 28, 2007, I inadvertently failed to tion and I congratulate him on this most recent officer with numerous industry and civic or- cast a recorded vote on rollcall vote 204, con- achievement. NORAD and NORTHCOM are ganizations, including Associated Builders cerning H. Res. 274. Had I cast my vote, I vital to our national security, and I am pleased and Contractors of Alabama; Birmingham would have voted ‘‘aye.’’ that they will be under the command of such Construction Industry Authority; Construc- On May 14, I inadvertently failed to cast a a capable and esteemed leader as General tion Industry Institute; National Building recorded vote on rollcall vote 344, concerning Museum; Birmingham Civil Rights Institute; Renuart. Lakeshore Hospital; Leadership Council, H. Res. 385. Had I cast my vote, I would have f University of Alabama at Birmingham; Uni- voted ‘‘aye.’’ versity of Alabama Health System; Eisen- On August 3, I inadvertently failed to cast a CONGRATULATING T. MICHAEL hower Exchange Fellow; Board of Governors recorded vote on rollcall vote 822, concerning GOODRICH ON HIS INDUCTION of Indian Springs School; Leadership Ala- H. Res. 612. Had I cast my vote, I would have INTO THE ALABAMA ACADEMY bama; Leadership Birmingham; South High- voted ‘‘aye.’’ OF HONOR land Presbyterian Church; and state and na- f tional Boy Scouts of America. His awards and honors include the NOVA Award from TRIBUTE ON THE 75TH ANNIVER- HON. JO BONNER the Construction Innovation Forum; the Ex- SARY OF SAVE THE CHILDREN OF ALABAMA cellence in Construction Cornerstone Award IN THE HOUSE OF REPRESENTATIVES from the Associated Builders and Contrac- tors; the President’s Medal from UAB; and HON. CHRISTOPHER SHAYS Friday, September 7, 2007 the Silver Antelope and Distinguished Eagle OF CONNECTICUT Mr. BONNER. Madam Speaker, it is with Scout awards from the Boys Scouts of Amer- IN THE HOUSE OF REPRESENTATIVES ica. He was inducted into the National Acad- great pride and pleasure that I rise to honor T. Friday, September 7, 2007 Michael Goodrich on the occasion of his in- emy of Construction in 2002 and the State of duction into the Alabama Academy of Honor. Alabama Engineering Hall of Fame in 2004. Mr. SHAYS. Madam Speaker, this year, Michael’s years of leadership and service to Mike and Gillian Goodrich have four chil- Save the Children marks its 75th year of serv- the State of Alabama as chief executive officer dren and two grandchildren. ice to children. This is certainly an achieve- and chairman of the board of BE&K, Inc. have Madam Speaker, I would like to offer my ment worth celebrating—and Save the Chil- added in an immeasurable way to the congratulations to Michael for his many per- dren did so last night at an Anniversary Ben- wellbeing of our State and Nation. sonal and professional achievements and offer efit in New York City. Seventy-five years ago, His lifetime of service has certainly not gone a heartfelt ‘‘thank you’’ for a job well done. I a group of concerned business people first unnoticed. He has received numerous awards know his wife, Gillian, his family, and many gathered in New York City to respond to the including the NOVA Award from the Construc- friends join with me in praising his accomplish- needs of children in Appalachia, hit hard by tion Innovation Forum and the Excellence in ments and extending thanks for his many ef- the Great Depression. Save the Children USA Construction Cornerstone Award from the As- forts over the years for the State of Alabama. began with a hot lunch program for undernour- sociated Builders and Contractors. ished schoolchildren in rural Kentucky. This brought about an almost immediate rise in at- Created in 1965, the Alabama Academy of f Honor was created to recognize living Alabam- tendance and academic achievement, and the ians for their accomplishments and service HONORING THE LIFE AND ACCOM- program became one of the models for the that greatly benefits or reflects credit on the PLISHMENTS OF OLIVER W. Federal school lunch program. Throughout its State of Alabama. Ten members may be HILL, SR. history, Save the Children has focused on elected annually by the Academy of Honor transforming children’s lives by providing fami- with no greater than 100 living members at a lies and communities with the tools they need time. HON. ERIC CANTOR to break the cycle of poverty. And Save the Madam Speaker, the following tribute was OF VIRGINIA Children continues to respond to crises result- presented to T. Michael Goodrich at his cere- ing from conflicts or natural disasters. Save IN THE HOUSE OF REPRESENTATIVES mony of induction into the Academy in 2007. the Children’s mission remains the same in With your permission, I would like to add this Friday, September 7, 2007 war-torn Afghanistan, tsunami-stricken Indo- tribute to the CONGRESSIONAL RECORD. nesia and the United States’ coastal area hit Mr. CANTOR. Madam Speaker, I rise today by Hurricane Katrina. In addition to 12 states T. MICHAEL GOODRICH to honor the memory of civil rights pioneer Oli- in the U.S., Save the Children is now in more T. Michael Goodrich is the chief executive ver W. Hill of Richmond, Virginia, who passed officer and chairman of the board of BE&K, than 50 countries. Inc., providing engineering, construction, away on August 5, 2007. Today, when one in every six children in the and maintenance services throughout the Oliver Hill will be remembered for his many U.S. are still living in poverty, and one-third of world. BE&K was recognized by author Rob- achievements and contributions to the causes American children and adolescents are either ert Levering and by Fortune magazine as of equality and justice. He worked tirelessly to obese or at risk of becoming obese, Save the ‘‘One of the 100 Best Companies to Work for ensure that all people are given the same Children remains hard at work in rural commu- in America. ’’ rights and opportunities under the law. nities providing literacy, physical activity and Thomas Michael Goodrich was born in nutrition, and early childhood support to chil- Milan, Tennessee, and moved to Birmingham His landmark successes in the field of law, dren in need. Save the Children is working in in 1948. He graduated from Indian Springs including a crucial role in the U.S. Supreme some of the Nation’s poorest communities: in School, earned a civil engineering degree Court’s Brown v. Board of Education decision Appalachia, the Southeast, the Mississippi from Tulane University, and a Juris Doc- in 1954, paved the way for the elimination of River Delta, the Gulf Coast, the Southwest torate from the University of Alabama segregation in this country. School of Law. He served as a captain in the and California’s Central Valley. In rural com- U.S. Army Corps of Engineers and as Ala- His steady leadership and unwavering dedi- munities like these, 2.6 million children live in bama Chief Justice Howell Heflin’s first law cation to principled change sets him apart as poverty, and many lack access to the rec- clerk and later his administrative assistant. a true hero of our time. His service to the reational opportunities and affordable, fresh Goodrich began his career at BE&K in 1972 Commonwealth of Virginia and to this Nation as legal counsel. His responsibility grew produce they need to sustain healthy lives. is a legacy that will continue for future genera- Save the Children’s international programs along with the company, and he became vice tions of Americans. president and general counsel. In 1989, he was began in the 1940’s with sponsorships of chil- named president, in 1995, CEO, and in 2003, Madam Speaker, I urge my colleagues to dren caught in the crossfire of World War II. chairman. BE&K companies have built such join me in honoring the life of Oliver Hill. Today, Save the Children reaches the world’s

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.004 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1825 most marginalized children—those who ur- RECOGNITION OF THE 35TH AN- with the same diligence, precision and enthu- gently need education, health services, nutri- NUAL ST. JOSAPHAT’S UKRAIN- siasm. tion and economic security to survive and IAN FESTIVAL In his ‘‘retirement,’’ Johnson founded and thrive in more than 50 countries around the ran the New Mexico Foundation for Open world. Half as many children under age 5 die HON. JAMES T. WALSH Government. With a reporter’s instinct for bringing public scrutiny to private places, each year as compared to 1960 and the num- OF NEW YORK Johnson has helped file more than 70 suc- ber of children who can read and write has in- IN THE HOUSE OF REPRESENTATIVES creased by nearly 50 percent. Save the Chil- cessful complaints under the Open Meetings dren has played a lead role in some unprece- Friday, September 7, 2007 Act. The organization he founded has helped dented global successes for children over the Mr. WALSH of New York. Madam Speaker, the New Mexico Legislature craft laws to pro- years. Yet, there is still much more work to be for the past 35 years, local parishioners from tect freedom of information and teach young done. More than 600,000 children in devel- St. Josaphat’s Ukrainian Catholic Church have people about their First Amendment rights. By oping countries live in families that must sur- been gathering to celebrate their heritage dur- educating and. empowering citizens around vive on less than $1 a day. Moreover, 77 mil- ing the annual Ukrainian Festival in the state, the Foundation for Open Govern- lion children around the world are out of Irondequoit, NY. ment has helped put government transparency school, and 28,000 children under the age of Starting as a small event for the church con- on the public agenda in New Mexico. Thanks 5 die each and every day. That is not accept- gregation, over the years the festival has to Johnson, we know more about the deci- able. Save the Children has launched initia- grown into an annual tradition. This year, Au- sions that affect our lives. Bob Johnson’s life will always remind us tives to tackle these challenges. gust 16, 2007, marked the starting of the fes- that a commitment to truth is powerful. For his I am proud Save the Children has its head- tival’s 35th year. Such a milestone is a testa- more than 60 years of dedicated work in the quarters in the Fourth Congressional District, ment to the strong Ukrainian heritage through- public interest, I wish to honor Robert H. John- in Westport, Connecticut, and applaud them out Irondequoit and Greater Rochester. son. for their accomplishments over the last 75 The festival is known for its traditional years. I also appreciate the leadership of Ukrainian food, music and dancing. The 35th f Charlie MacCormack and look forward to wit- Ukrainian Festival will feature singing groups RECOGNITION OF ADMIRAL nessing the future lasting, positive changes from Ukraine, local dancers as well as musical TIMOTHY J. KEATING Save the Children will make in the lives of performances on the Bandura, a traditional children. I hope my colleagues will join me in string instrument. The festival includes rides recognizing and supporting this fine organiza- HON. DOUG LAMBORN and activities for kids and adults along with a OF COLORADO tion and their noteworthy mission. diverse display of Ukrainian crafts, clothing, IN THE HOUSE OF REPRESENTATIVES f music and other collectibles such as pysanky. Friday, September 7, 2007 HONORING THE MEMORY OF It’s the premier Ukrainian Arts and Crafts Fes- Mr. LAMBORN. Madam Speaker, I rise DONALD CRUMPTON MOSLEY, SR. tival of the northeast. This year, organizers made more than 44,000 pyrohy and 20,000 today in recognition of ADM Timothy J. HON. JO BONNER holubsti—all homemade from one recipe by Keating. I would like to thank ADM Keating for the parishioners. his recent service as Commander of North OF ALABAMA The overwhelming success of the Ukrainian American Aerospace Defense Command and IN THE HOUSE OF REPRESENTATIVES Festival has made it an institution in the Roch- United States Northern Command, from No- Friday, September 7, 2007 ester area. Undoubtedly, the next 35 years will vember 5, 2004 until March 19, 2007, and Mr. BONNER. Madam Speaker, I rise today see even more success. congratulate him on becoming the Com- mander of the U.S. Pacific Command, at to honor the life of Donald Crumpton Mosley, f Sr., former dean of the business college of the Camp H.M. Smith in Hawaii. ADM Keating, who graduated from the University of South Alabama. A consummate STATEMENT ON REPORTER AND United States Naval Academy in 1971, com- educator who brought out the best in his stu- ACTIVIST BOB JOHNSON pleted his flight training in 1973 and has gone dents and colleagues, Dr. Mosley devoted his on to amass over 5,000 flight hours. From life to education. HON. TOM UDALL 1982 to 1984 he was the Administrative Offi- Don Mosley spent 10 years at the University OF NEW MEXICO cer, Operations Officer and Maintenance Offi- of South Alabama as its business college’s IN THE HOUSE OF REPRESENTATIVES cer with the VA–94, during which time he de- second dean, achieving accreditation from the Friday, September 7, 2007 ployed twice to the western Pacific. In 1987 Association of Advance Collegiate Schools of Mr. UDALL of New Mexico. Madam Speak- ADM Keating commanded VFA–87 and de- Business before the school was even 10 years ployed to the North Atlantic and the Mediterra- er, if Bob Johnson had only one career, he old. He left the school in 1982 to pursue nean aboard USS Theodore Roosevelt. Fol- would still be worthy of our admiration. If he teaching and consulting opportunities and re- lowing this assignment, ADM Keating served had been only a hard working and talented re- turned in 1999 as the Emeritus Professor of at the Naval Military Personnel Command in porter, a reporter who was loved by his co- Management. The University of South Ala- Washington, DC as Head of the Aviation Jun- bama’s National Alumni Association honored workers and revered by the many he ior Officer Assignments Branch. In 1991 he Dean Mosley as an outstanding professor, a mentored, he would deserve our respect. Had became Deputy Commander, Carrier Air Wing sentiment echoed by his former students. he been only a crusader for open government, Seventeen where he participated in combat Dean Mosley brought the Alabama Banking a tireless advocate for freedom of the press operations supporting Operation Desert Storm. School to the University of South Alabama, and the people, he would deserve our appre- In addition to serving as Chief of Naval Op- establishing a week-long program that brings ciation. But Bob Johnson was all of these erations Fellow with the Strategic Studies together banking officials from across the things: A no-nonsense former marine who Group, and at the Joint Task Force Southwest state. In addition to serving as dean of the kept people informed about their government Asia in Riyadh, Saudi Arabia, ADM Keating USA business school, Don served as dean of and changed government to make it more re- has also been Deputy Commander and Com- Leadership Alabama and Leadership Mis- sponsive to the people. mander of Carrier Air Wing Nine aboard USS sissippi. Bob Johnson wrote the Associated Press’ Nimitz in the Arabian Gulf, Commander of the Madam Speaker, I ask my colleagues to join first bulletin on the assassination of President Naval Strike Warfare Center in Fallon, Ne- me in remembering a dedicated community John F. Kennedy. His coverage of that tragedy vada, and Director of the Aviation Officer Dis- member and friend to many throughout south shaped the response of a mourning nation tribution Division in the Naval Military Per- Alabama. Don Mosley will be deeply missed and quelled public panic with prompt informa- sonnel Command. In 1998 he became Com- by those who knew him. He is survived by his tion. As an editor, Johnson taught young re- mander of Carrier Group Five in Yokosuka, wife, Susan Young Mosley of Mobile; his son, porters the ins and outs of the newspaper Japan and, in 2000, Deputy Chief of Naval Donald C. Mosley of Mobile; his brother, Joe business. Those who worked with him remem- Operations for Plans, Policy and Operations at Thomas Mosley of Starkville; and two grand- ber a ball of energy who was never too busy OPNAV. Prior to Commanding NORAD and daughters. He will be remembered in the to pass along a hard-learned lesson or coun- USNORTHCOM, ADM Keating was the Com- thoughts and prayers of all those whose lives sel a colleague in need. He covered every- mander of U.S. Naval Forces Central Com- he touched and whose minds he lit with the thing from the Apollo space flights to the tak- mand and U.S. Fifth Fleet, as well as Director spark of learning. ing of hostages at the 1972 Munich Olympics of the Joint Staff.

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.009 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1826 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 A highly decorated and distinguished leader, After the victory at Yorktown, Lafayette re- Blessings of Liberty to ourselves and our Pos- ADM Keating has served our country honor- turned to France, but came back to the United terity . . .’’ I know that the Prairie Rose Chap- ably for over three decades. I commend him States in 1794 at the invitation of President ter of the Kansas Society of the Daughters of for his invaluable contributions to our Nation’s George Washington, and again in 1824–1825 the American Revolution joins with me in urg- defense and know that U.S. Pacific Command at the invitation of President James Monroe. ing all Americans to renew their commitment will benefit from his extensive experience. Declared an honorary citizen of both the to, and understanding of, our Constitution, par- f United States and Virginia, the Marquis de La- ticularly during our current time of crisis, when fayette truly played a vital role in the American Americans are fighting overseas to defend our HONORING THE MEMORY OF Revolution. liberties here at home. SAMUEL CARLMAN BURTON In Virginia, in celebration of Lafayette’s f 250th birthday, ceremonies will be held in HON. JO BONNER Richmond by various historical and lineage so- PERSONAL EXPLANATION OF ALABAMA cieties on Saturday, September 8 at Mason’s IN THE HOUSE OF REPRESENTATIVES Hall, the State Capitol and the John Marshall HON. CHRISTOPHER SHAYS Friday, September 7, 2007 House, all venues visited by Lafayette, to OF CONNECTICUT commemorate this anniversary. Mr. BONNER. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I urge my colleagues to to honor the life of Samuel Carlman Burton. Friday, September 7, 2007 join me in honoring Marquis de Lafayette on As the first principal of Mattie T. Blount High his birthday. Mr. SHAYS. Madam Speaker, on Sep- School in Prichard, Alabama, Mr. Burton f tember 5, 2007, I missed 1 recorded vote. I worked tirelessly for the growth and develop- take my voting responsibility very seriously. ment of his students and of his school. THE PRAIRIE ROSE CHAPTER OF Had I been present, I would have voted ‘‘yes’’ Mr. Burton served Prichard as the principal THE DAUGHTERS OF THE AMER- on recorded vote No. 853. of Mattie T. Blount High School from 1957 to ICAN REVOLUTION SALUTES f 1979, and before that was an employee of the CONSTITUTION WEEK Mobile County Public School System for eight CONGRATULATING HENRY L. years. He also served as principal of Mount HON. DENNIS MOORE AARON ON HIS INDUCTION INTO Vernon Elementary School. THE ALABAMA ACADEMY OF Fond of quoting from ‘‘The Bridge Builder’’ OF KANSAS HONOR by Will Allen Dromgoole, Sam Burton often IN THE HOUSE OF REPRESENTATIVES talked about the legacy teachers and edu- Friday, September 7, 2007 cators leave for future generations. The Mr. MOORE of Kansas. Madam Speaker, poem’s last lines read: ‘‘He, too, must cross in the week of September 17–23 has been offi- HON. JO BONNER the twilight dim; Good friend, I am building the cially designated as Constitution Week. This OF ALABAMA bridge for him.’’ marks the 220th anniversary of the signing of IN THE HOUSE OF REPRESENTATIVES Mr. Burton is survived by his daughter Sallie our Constitution. Friday, September 7, 2007 Johnson of Mobile; his brother Frederick Bur- The guardian of our liberties, our Constitu- Mr. BONNER. Madam Speaker, it is with ton of Atlanta; his granddaughter Carlee John- tion established our republic as a self-gov- great pride and pleasure that I rise to honor son of Mobile; and two great-granddaughters, erning nation dedicated to rule by law. This Henry L. Aaron on the occasion of his induc- Adrian Johnson and Emily Johnson of Mobile. document is the cornerstone of our freedom. It tion into the Alabama Academy of Honor. I ask my colleagues to join me in remem- was written to protect every American from the Henry Aaron, who is better known to his bering Samuel Carlman Burton, a principal abuse of power by government. Without that fans throughout the world as ‘‘Hank,’’ set more who spent his life building bridges. restraint, our founders believed the republic major league batting records than any player f would perish. in the game’s history and held Major League The ideals upon which our Constitution is TRIBUTE TO THE 250TH BIRTHDAY Baseball’s record for home runs until just last based are reinforced each day by the success OF THE MARQUIS DE LAFAYETTE month. The Mobile native was inducted into of our political system to which it gave birth. the baseball Hall of Fame in 1982, and played The success of our way of government re- for the Milwaukee Braves, the Atlanta Braves, HON. ERIC CANTOR quires an enlightened citizenry. OF VIRGINIA and the Milwaukee Brewers. Constitution Week provides an opportunity Created in 1965, the Alabama Academy of IN THE HOUSE OF REPRESENTATIVES for all Americans to recall the achievements of Honor was created to recognize living Alabam- Friday, September 7, 2007 our founders, the nature of limited govern- ians for their accomplishments and service ment, and the rights, privileges and respon- Mr. CANTOR. Madam Speaker, I rise today that greatly benefits or reflects credit on the sibilities of citizenship. It provides us the op- to mark the 250th birthday of the Marquis de state of Alabama. Ten members may be elect- portunity to be better informed about our Lafayette, born 6 September 1757. ed annually by the Academy of Honor with no rights, freedoms and duties as citizens. By the age of 20, Lafayette had already greater than 100 living members at a time. Madam Speaker, at this time I particularly served for several years as an officer in the Madam Speaker, the following tribute was want to take note of the outstanding work of French army. Inspired by the concept of Amer- presented to Hank Aaron at his ceremony of the Prairie Rose Chapter of the Kansas Soci- ican independence, in 1777 Lafayette came to induction into the Academy in 2007. With your ety of the Daughters of the American Revolu- the United States to volunteer his services, permission, I would like to add this tribute to and was appointed a Major General by the tion, which is actively involved in the Third the CONGRESSIONAL RECORD. Continental Congress. Congressional District in events this week HENRY L. AARON He became a stalwart friend of General commemorating Constitution Week. The Prai- George Washington, and also of future Presi- rie Rose Chapter has been involved with this Henry L. Aaron rewrote the hitting records effort in our communities for a number of book during a stellar career in major league dent James Monroe. Lafayette fought and was baseball. Today he is senior vice president of wounded at Brandywine, and wintered at Val- years and I commend them for doing so. Atlanta National League Baseball Club, ley Forge. Our Constitution has served us well for over Inc.—the Atlanta Braves—and is a successful Returning to France late in 1778 to rally 200 years, but it will continue as a strong, vi- businessman and civic leader. support for the American cause, he was in- brant, and vital foundation for freedom only so Born in 1934 in Mobile, Aaron was a star strumental in France’s decision to join the long as the American people remain dedicated student athlete in football and baseball, Revolutionary War in support of the United to the basic principles on which it rests. Thus, playing semi-pro in the latter sport while States. He returned to America in 1780 to help as the United States continues into its third still in high school. He was later signed by lead a new infusion of French troops. century of constitutional democracy, let us the Indianapolis Clowns and helped lead that team to win the 1952 Negro League World Se- Working closely with General George Wash- renew our commitment to, in the words of our ries. That same year he was signed by the ington, Lafayette led the French forces which Constitution’s preamble: ‘‘form a more perfect Boston (later Milwaukee, then Atlanta) helped to trap Lord Cornwallis at Yorktown, Union, establish Justice, insure domestic Tran- Braves. He dominated both Braves farm and forced the British surrender there in Octo- quility, provide for the common defence, pro- teams he was on, and by 1954 was in the ber 1781. mote the general Welfare, and secure the major leagues, homering in his first spring

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.013 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1827 training game in a Milwaukee uniform. That of 10 terms in the U.S. House of Representa- achieved an inspiring career of many firsts: was just the beginning. tives serving the people of the 5th District in first woman to chair the Washington State Re- Over the next twenty-three years, he set Ohio. PAUL was the senior member of the publican party; first freshman woman to win a more major league batting records than any player in the game’s history, including most Committee on Financial Services and the place in the House Republican leadership home runs, lifetime, 755; most years with 30 Ranking Republican on the Financial Institu- team; and the highest ranking Republican or more home runs, 15; most extra-base hits, tions Subcommittee. He also served as a woman in leadership as the vice chair of the 1,477; most total bases, 6,856; and most runs member of the Subcommittees on Capital conference. More than anything, Jennifer will batted in, lifetime, 2,297. On May 17, 1970, Markets and Housing. PAUL had a lot of re- be remembered for her generosity and com- Aaron became the first player to achieve sponsibilities in serving the second largest dis- passion for others. She is leaving us for a bet- both 3,000 career hits and more than 500 hom- trict in Ohio, but he did so valiantly and with ter place, but leaves behind a lasting legacy of ers. He was also an outstanding fielder, win- tremendous success, showing that he was a service to this House. Words cannot fully ex- ning three Gold Gloves, and he was elected to a record 24 All-Star teams. He was in- true leader. He served eight terms as a mem- press my sorrow in her passing. God Bless. ducted into the Hall of Fame at Coopers- ber of the Republican Whip Team, including f serving as Deputy Minority Whip. PAUL was town, New York, on August 1, 1982. His auto- PERSONAL EXPLANATION biography, I Had a Hammer, was published in also unanimously elected to serve as Vice 1990, and in 1997, a new minor league baseball President of the NATO Parliamentary Assem- stadium in his hometown was named in his bly. His ability to lead earned PAUL great re- HON. RON KLEIN honor. spect amongst his colleagues and his constitu- OF FLORIDA Since retiring from playing, he has been an IN THE HOUSE OF REPRESENTATIVES eloquent ambassador for baseball and sports ents. in general, and has been an outspoken leader His length and success of service was evi- Friday, September 7, 2007 on the issue of minority hiring in baseball dence of how he truly listened to his constitu- Mr. KLEIN of Florida. Madam Speaker, I executive jobs. In the business world, Aaron ents and did all that he could to help them. He rise today to submit a record of how I would developed a number of auto dealerships and was the consummate professional—always have voted on Saturday, August 4, when I still owns Hank Aaron Toyota. He is a long- putting the best interests of his constituents was tending to a family commitment, for which time Church’s and Popeye’s restaurant and his country ahead of partisanship by franchisee and also operates Krispy Kreme the timing was not flexible. being willing to work across party lines to suc- Had I voted, I would have voted ‘‘nay’’ on franchises in Atlanta and Columbus, Geor- cessfully achieve goals. gia. rollcall No. 824; ‘‘yes’’ on rollcall No. 825; Aaron sits on the board of Retail Ventures, PAUL was a soldier, a state senator, and a ‘‘yes’’ on rollcall No. 826; ‘‘yes’’ on rollcall No. Inc., Medallion Financial Corporation, At- congressman, but the roles he cherished most 827; ‘‘yes’’ on rollcall No. 828; ‘‘yes’’ on rollcall lanta Technical Institute, the Atlanta were that of husband and father. Few things No. 829; ‘‘yes’’ on rollcall No. 830; ‘‘nay’’ on Braves, and Atlanta Falcons. He is a member meant more to PAUL than his constituency, but rollcall No. 831; ‘‘yes’’ on rollcall No. 832; of the Board of Governors for Boys and Girls his family definitely ranked number one in his ‘‘yes’’ on rollcall No. 833; ‘‘nay’’ on rollcall No. Clubs of America and is a member of the life. PAUL’s five children were his pride and Board of Councilors of the Carter Center. 834; ‘‘yes’’ on rollcall No. 835; ‘‘nay’’ on rollcall joy. His happiest times were spent with his No. 836; ‘‘yes’’ on rollcall No. 837; ‘‘nay’’ on With his wife Billye, he is the founder of the wife and children. Hank Aaron Chasing the Dream Foundation. rollcall No. 838; ‘‘no’’ on rollcall No. 839; ‘‘nay’’ Aaron has received numerous civic awards, My deepest heartfelt condolences go out to on rollcall No. 840; ‘‘nay’’ on rollcall No. 841; including the Medal of Freedom, awarded by PAUL’s wife Karen and his children Linda, ‘‘nay’’ on rollcall No. 842; ‘‘nay’’ on rollcall No. President George W. Bush, and the Presi- Julie, Paul Michael, Connor, and Adam. My 843; ‘‘nay’’ on rollcall No. 844; ‘‘nay’’ on rollcall dential Citizens Medal, awarded by President thoughts and prayers and those of my wife No. 845; and ‘‘yes’’ on rollcall No. 846. Bill Clinton. Dede are with them at this difficult time, and f Throughout his life, Hank Aaron has we thank them for sharing PAUL with us for so been an outstanding role model for many years. He was a wonderful friend and CONGRATULATING LEAH RAWLS both children and adults alike. Madam colleague and will be sorely missed. ATKINS ON HER INDUCTION INTO Speaker, I ask my colleagues to join f THE ALABAMA ACADEMY OF with me in congratulating him on this HONOR remarkable achievement and extending IN MEMORY OF THE HONORABLE thanks for his many efforts over the JENNIFER DUNN, 1941–2007 HON. JO BONNER years on behalf of the citizens of the OF ALABAMA First Congressional District and the HON. PETE SESSIONS IN THE HOUSE OF REPRESENTATIVES state of Alabama. OF TEXAS Friday, September 7, 2007 f IN THE HOUSE OF REPRESENTATIVES Mr. BONNER. Madam Speaker, it is with Friday, September 7, 2007 EXPRESSING THE CONDOLENCES great pride and pleasure that I rise to honor OF THE HOUSE OF REPRESENTA- Mr. SESSIONS. Madam Speaker, I rise Leah Rawls Atkins on the occasion of her in- TIVES ON THE DEATH OF THE today to join my fellow colleagues in mourning duction into the Alabama Academy of Honor. HONORABLE PAUL E. GILLMOR, the passing of the Honorable Jennifer Dunn. A student of history, Mrs. Atkins has ce- A REPRESENTATIVE OF THE My friend and an honorable representative for mented her own place in the history books of STATE OF OHIO the people of the 8th district of Washington the great State of Alabama. A woman of passed away on Wednesday. I was greatly firsts—she was the first woman inducted into SPEECH OF saddened when I was told the terrible news of the Alabama Sports Hall of Fame and the first HON. JAMES T. WALSH her passing. This Chamber, and the State of recipient of a Ph.D. awarded by Auburn Uni- Washington has lost a friend and one of our OF NEW YORK versity. most capable and dedicated former Members. Created in 1965, the Alabama Academy of IN THE HOUSE OF REPRESENTATIVES Words cannot fully express the sorrow that Honor was created to recognize living Alabam- Wednesday, September 5, 2007 is felt by those who have known and loved ians for their accomplishments and service Mr. WALSH of New York. Madam Speaker, Jennifer. My heart goes out to Jennifer’s hus- that greatly benefits or reflects credit on the I rise today to honor my friend and colleague, band, Keith Thomson, her two sons, Bryant State of Alabama. Ten members may be the Honorable PAUL GILLMOR. and Reagan Dunn, her stepson, Angus Thom- elected annually by the Academy of Honor Throughout his life PAUL was a dedicated son, and her two grandchildren during this dif- with no greater than 100 living members at a servant for the people of his home state of ficult time. I will be keeping her memory and time. Ohio and his country. He proudly served in the her surviving family in my thoughts and pray- Madam Speaker, the following tribute was United States Air Force, attaining the rank of ers. I pray for her former Washington, DC, and presented to Leah Rawls Atkins at her cere- Captain. Washington State congressional staffers who mony of induction into the Academy in 2007. In 1967 PAUL began what would become a served her and the people of the 8th Congres- With your permission, I would like to add this long and successful political career. He served sional District of Washington. tribute to the CONGRESSIONAL RECORD. 22 years in the Ohio State Senate, and he Congresswoman Dunn was a highly-re- LEAH RAWLS ATKINS served as Republican leader five times. A spected Member of Congress, dutifully serving Leah Rawls Atkins has spent her life classmate of mine, in 1989 he began the first six terms before she retired in 2005. She teaching and writing about American and

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.018 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1828 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 Alabama history. She was born in Bir- TRIBUTE TO THE 50TH ANNIVER- onstrated a passionate commitment to these mingham, growing up in a family compound SARY OF THE AIR NATIONAL same ideals. of four houses that included the homes of her GUARD BASE AT MCGHEE TYSON Today, St. Robert Bellarmine Catholic grandparents and great-grandparents near Oak Hill Cemetery. World War II was the AIRPORT Church serves the spiritual, educational, and formative event of her childhood and kindled charitable needs of its community. Its elemen- her love of history, her country, and her HON. JOHN J. DUNCAN, JR. tary school, as well as Bellarmine Jefferson state. OF TENNESSEE High School, offers a Christ-centered learning In high school and college, she was a com- IN THE HOUSE OF REPRESENTATIVES environment with a challenging curriculum that petitive water skier. In 1953 she won both the educates students both academically and mor- U.S. Women’s Overall National Champion- Friday, September 7, 2007 ally, preparing them for a lifetime of service to ship and the Women’s Overall World Cham- pionship. She was the first woman senior Mr. DUNCAN. Madam Speaker, I rise today both God and their communities. judge of the American Water Ski Associa- to honor a piece of history in the Second Dis- In addition, St. Robert Bellarmine sponsors tion, and the first woman AWSA board mem- trict of Tennessee. and facilitates service-oriented groups that ber. In 1976, she was the first woman in- For the past 50 years, as people flew into serve the homeless, the sick, and others in ducted into the Alabama Sports Hall of my district, they weren’t just landing in Knox- need in the Burbank community and beyond Fame. ville but also touching down at a historic Ten- by actively engaging in food drives and raising Atkins holds three degrees from Auburn charitable funds. Many leaders of St. Robert University, receiving her doctorate in his- nessee Air National Guard Base. tory in 1974, the first time a Ph.D. in history Military planes taking off from that runway Bellarmine have used their leadership as a was awarded at AU. She taught history at have been a part of some of the noblest means for serving the community. Monsignor Auburn, briefly at the University of Alabama causes of modern times, from the Berlin Air Martin Cody Keating, for example, served the at Birmingham, and at Samford University, Lift to Operation Enduring Freedom. church for 37 years after his work as an Army where in 1984 she became the founding direc- It’s a history of service that exemplifies the chaplain in World War I. During his priesthood, tor of the Samford London Study Centre. spirit that gave Tennessee the nickname of he worked as an advocate for labor and war The next year she became the founding di- the Volunteer State, and once again the Knox- veterans’ issues. The current Priests and staff rector of the Auburn University Center for the Arts and Humanities (now the Caroline ville community is at the forefront of that serv- continue this legacy of public service today. Marshall Draughon Center), which she di- ice. I ask all Members to join me today in hon- rected for a decade, bringing university The base is now celebrating 50 years of op- oring St. Robert Bellarmine Church upon the scholars and citizens together to explore the erations, and it is currently the proud home of celebration of its 100th anniversary. The entire ideas and experiences that inform the human the 134th Refueling Wing, as well as the community joins me in thanking the parish- condition, connecting the local to the uni- 228th Combat Communications Squadron, the ioners of St. Robert Bellarmine Church for versal, and providing an opportunity for 119th Command and Control Squadron, the their religious, educational, and charitable con- learning and dialogue. I.G. Brown Training and Education Center, the tributions to California’s 29th Congressional Atkins is a longtime member, former president, and for 15 years served as sec- Academy of Innovative Ministries, and the District. retary of the Alabama Historical Associa- 572nd Air Force Band. f tion. It’s not just the longevity of the base that is She was a founding board member of the so remarkable, but also the quality of the men CONGRATULATING JAMES I. HAR- Friends of the Alabama Archives, the editor and women who serve there. The 134th has RISON JR. ON HIS INDUCTION of the Friends’ first newsletter, and is on the been consistently ranked nationally for its su- INTO THE ALABAMA ACADEMY board of the Alabama Archives and History OF HONOR Foundation. She has published many articles perb performance. and books on Alabama history, including a I would like to congratulate the nearly 2,000 study of the admission of women to Auburn full-time military and civilian personnel at the HON. JO BONNER University and the University of Alabama, a base and the many thousands more who pass OF ALABAMA history of Birmingham and Jefferson Coun- through the facility each year for training. Their IN THE HOUSE OF REPRESENTATIVES ty, and a biography of builder John M. professionalism makes us proud. Friday, September 7, 2007 Harbert III. She is also author of a corporate Madam Speaker, in closing, I urge my col- history of Brasfield & Gorrie and, most re- leagues to join me as I salute the 50th anni- Mr. BONNER. Madam Speaker, it is with cently, of a history of Alabama Power Com- great pride and pleasure that I rise to honor pany which won the 2007 James Sulzby Book versary of the Air National Guard Base at Award for the best book on Alabama history. McGhee Tyson Airport in Blount County, Ten- James I. Harrison Jr., on the occasion of his She is a co-author of the Pulitzer Prize-nom- nessee. I know the facility and the men and induction into the Alabama Academy of Honor. inated Alabama: History of a Deep South women who operate it will play an important Jimmy Harrison is one of the most influential State, which also won the Sulzby Award. part in protecting our Nation for decades to men in the drug store business not only in She and her husband, George, have been come. Alabama but throughout the United States. He married for 54 years and have four children f was a star on both the basketball court and on and 13 grandchildren. the baseball field at the University of Alabama, Leah Atkins is an outstanding example of A TRIBUTE TO ST. ROBERT but he is an even better businessman and the quality individuals who have devoted their BELLARMINE CATHOLIC CHURCH pharmacist. His success in the board room is lives to education. Madam Speaker, I ask my only exceeded by his generosity and chari- colleagues to join with me in congratulating HON. ADAM B. SCHIFF table spirit. His lifetime of service to his com- her on this remarkable achievement. I know OF CALIFORNIA munity and support of education have added her husband, George, her family, and many IN THE HOUSE OF REPRESENTATIVES in an immeasurable way to the well-being of friends join with me in praising her accom- our state. Friday, September 7, 2007 plishments and extending thanks for her many Created in 1965, the Alabama Academy of efforts over the years on behalf of the State of Mr. SCHIFF. Madam Speaker, I rise today Honor was created to recognize living Alabam- Alabama. to pay special recognition to St. Robert ians for their accomplishments and service f Bellarmine Church upon the celebration of its that greatly benefits or reflects credit on the PERSONAL EXPLANATION 100th anniversary. state of Alabama. Ten members may be elect- The church was founded as Holy Trinity ed annually by the Academy of Honor with no Parish in 1907 by Father Edward Wright. In greater than 100 living members at a time. HON. HARRY E. MITCHELL 1939, the church was remodeled and given its OF ARIZONA Madam Speaker, the following tribute was present name. The choice of 17th century IN THE HOUSE OF REPRESENTATIVES presented to James I. Harrison at his cere- Italian cardinal St. Robert Bellarmine as patron mony of induction into the Academy in 2007. Friday, September 7, 2007 saint reflects the church’s modern-day identity With your permission, I would like to add this Mr. MITCHELL. Madam Speaker, on rollcall as a spiritual, educational and charitable insti- tribute to the CONGRESSIONAL RECORD. vote 856, the Westmoreland amendment to tution. St. Robert Bellarmine embodied an JAMES I. HARRISON JR. H.R. 2786, please accept my apologies as I ideal blend of spirituality, intellect, public serv- James I. Harrison, Jr., was born in Tusca- was unavoidably detained and was not able to ice and charity. He would certainly be proud of loosa on July 11, 1932. He attended St. John’s cast my vote in the allotted time. It was my in- Burbank’s St. Robert Bellarmine Church, Parochial School in Tuscaloosa and was one tention to vote ‘‘yes’’ on this amendment. which throughout its 100 years has dem- of the four graduates of the school’s last

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.023 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1829 class in 1949. After a post-graduate year at ‘‘Green chemistry and engineering’’ is the newable biomass resources as an alternative Chattanooga’s Baylor School, he entered the term used to describe the environmentally to the traditional petroleum-based plastics, University of Alabama where he played bas- conscious design of chemical products and whose production results in harmful green- ketball and baseball. After two years, he transferred to Howard College (now Samford processes that are made safer to human house gas emissions. Dr. Savin is inves- University) and graduated with honors from health and the environment by reducing or tigating the extraction of the feedstock for a the School of Pharmacy. eliminating the use or creation of hazardous new plastics material from whey-protein, a nat- His parents had purchased Central Drug and harmful substances. ural byproduct of Vermont’s very important Store in downtown Tuscaloosa and turned it Like many Americans, I am dedicated to re- cheese production. These plastics could be into a success. When Harrison graduated ducing the causes and effects of global warm- used in pest control applications, weed sup- from college, his father purchased another ing. Many of the solutions to global warming pression, and water retention; reducing the struggling drug store near the University of and other serious environmental problems use of harmful chemicals and the depletion of Alabama. Druid Drug became successful and need to be addressed at the molecular design famous as the favorite coffee hangout of natural resources. This is just one example of Coach Bear Bryant and his staff. Three more level. This legislation does just that. It provides the value of investing in green chemistry and Tuscaloosa stores were added over the next a path forward so that our chemists and engi- engineering research. several years. In 1967, Harco, Inc., was found- neers are able to conduct their work and re- H.R. 2850 represents an important invest- ed. Harco, Inc., would eventually operate 153 search in an environmentally friendly manner. ment in green chemistry and engineering re- Harco Drug stores, 55 Carport Auto Parts This bill is also in alignment with the innova- search and education. I am pleased to support stores, and 7 Harco Totalcare (home tions legislation that was signed into law in its passage and urge my colleagues to sup- healthcare) stores. The company was sold in August. It will help to sustain the United port this legislation. 1997 to Rite Aid. States’ position as a global leader in the During Harrison’s years as CEO of Harco, f science and engineering fields and promote he served as chairman of the National Asso- TRIBUTE TO SPECIALIST ERIC M. ciation of Chain Drug Stores, Affiliated Drug our ability to compete with other nations. The Stores, and the Southern Drug Store Asso- National Academies report, ‘‘Rising Above the HOLKE, CALIFORNIA NATIONAL ciation. Harco and Harrison received many Gathering Storm’’, commissioned by the GUARD national business and pharmacy industry House Science & Technology Committee, honors and awards. points out the growing concern for America’s HON. KEN CALVERT Harrison’s charitable spirit and support of ability to compete in today’s global economy. OF CALIFORNIA education have dynamically impacted his community and state. He established the H.R. 2850 supports innovation by: IN THE HOUSE OF REPRESENTATIVES James I. Harrison School of Pharmacy, Au- Authorizing funding for green chemistry and Friday, September 7, 2007 burn University; the Harrison Center for engineering research; Academic Excellence, Judson College; the Investing in young researchers; Mr. CALVERT. Madam Speaker, I rise to James I. Harrison Family Endowed Teaching Fostering collaborative R&D partnerships pay tribute to a hero from my congressional Excellence Faculty Fellow, University of among our universities, industry, and nonprofit district, California National Guardsman Eric Alabama; and the Caritas Community Serv- organizations; Holke. Today I ask that the House of Rep- ice Award, University of Alabama. Harrison Promoting education and training of under- resentatives honor and remember this incred- is a member and past chairman of the UA graduate and graduate students, as well as ible young man who died in service to his President’s Cabinet. He is a founding mem- professional chemists and chemical engineers; country. ber of Success by Six Educational Initiative Eric grew up in Riverside and Crestline, in Tuscaloosa County; a founding member Recognizing the value of the Manufacturing and first president of the Alexis de Extension Partnerships in the adoption of California. He graduated from Rim of the Tocqueville Society chapter supporting green chemistry and engineering innovations; World High School in 1995 and was interested United Way of West Alabama; and a member and in working with children. Before Eric was de- of the Mayor’s Pre-K Advisory Board, Tusca- Providing for much needed science re- ployed in December, he worked with autistic loosa. He is a patron to Children’s Hands-on search to identify barriers to commercialization children and was attending college in hopes of Museum and to the UA Rural Infant Stimu- of safer chemistry and engineering practices. becoming a teacher. Specialist Holke had a lation Environmental Center. This legislation is supported by my constitu- strong sense of duty: he had served two tours He holds honorary doctorates from the ents who are members of the Green Mountain previously, one in Iraq and one in Afghanistan. University of Alabama and Judson College, is in several business and civic halls of fame, American Chemical Society. This organization During his tour in Iraq he was injured but dedi- and serves on many corporate and civic includes members from Vermont’s universities cated himself to getting better so that he could boards. Harrison and his wife, Peggy, have and colleges, and from Vermont industries, reenlist, which he did. Specialist Holke was five children and fifteen grandchildren. such as IBM, BF Goodrich, Seventh Genera- called up in December 2006 and on July 15, Madam Speaker, I would like to offer my tion, and Biotek. Other supporters of H.R. 2007 he was killed in action in Iraq. congratulations to James I. Harrison, Jr. for 2850 include Vermont’s Manufacturing Exten- In reading about Eric’s life, I was impressed his many personal and professional achieve- sion Partnerships and the Vermont Tech- by his devotion to family, friends and children. ments and offer a heartfelt ‘‘thank you’’ for a nology Council. He is survived by his wife Cassidhe and son job well done. I know his wife, Peggy, his fam- Vermont’s business community is advo- Steven. Our community has lost a great man ily, and many friends join with me in praising cating ‘‘green chemistry and engineering’’ re- and Cassidhe and Steven have lost a wonder- his accomplishments and extending thanks for search. Vermont-based Seventh Generation ful husband and father. his many efforts over the years for the State Inc. is a leading nationwide distributor of envi- As we look at the incredibly rich military his- of Alabama. ronmentally sensitive household soaps, deter- tory of our country we realize that this history f gents, paper products and diapers. According is comprised of men, just like Eric, who brave- to Jeff Hollender and Martin Wolfe at Seventh ly fought for the ideals of freedom and democ- THE GREEN CHEMISTRY RE- Generation, on the face of it, green chemistry racy. Each story is unique and humbling for SEARCH AND DEVELOPMENT is pretty basic: find ways to make non-toxic or those of us who, far from the dangers they ACT OF 2007 less harmful chemical alternatives from non- have faced, live our lives in relative comfort toxic or less harmful raw materials using proc- and ease. The day the Holke family had to lay SPEECH OF esses that don’t create pollution, and manu- Eric to rest was probably the hardest moment HON. PETER WELCH facture goods using less water, energy, and the family has ever faced and my thoughts, OF VERMONT other natural resources. While the concept is prayers and deepest gratitude for their sac- IN THE HOUSE OF REPRESENTATIVES simple, the reality is far from it. However, in- rifice goes out to them. There are no words stead of representing failure, the current lack that can relieve their pain and what words I Tuesday, September 4, 2007 of alternatives just means that a lot of work offer only begin to convey my deep respect Mr. WELCH of Vermont. Mr. Speaker, I still needs to be done. and highest appreciation. would like to thank my colleagues on the Educators in Vermont are also supportive of Specialist Holke’s wife, son, relatives and Science & Technology Committee for their ef- increasing resources for green chemistry re- friends have given a part of themselves in the forts in bringing H.R. 2850, the Green Chem- search. Dr. Daniel Savin of the University of loss of their loved one and I hope they know istry Research and Development Act of 2007 Vermont is doing critical green chemistry re- that Specialist Holke, the goodness he brought to the House floor. This legislation is important search on the development and use of bio- to this world and the sacrifice he has made, and very necessary. degradable plastics that are derived from re- will be remembered.

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.028 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1830 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 TRIBUTE TO TERRY FRIDAY On Saturday, September 7, friends and col- Staff Sergeant Butkus was assigned to A leagues from across the country will gather at company, 1st Battalion, 28th Infantry Regi- HON. JAMES E. CLYBURN the Union Baptist Church in Columbia, South ment, 1st Infantry Division, Fort Riley, Kansas. OF SOUTH CAROLINA Carolina for funeral services and to celebrate He enlisted in the army in 1995 and com- IN THE HOUSE OF REPRESENTATIVES the life of this great musician. pleted basic training at Fort Benning, Georgia. Madam Speaker, please join me in honoring Prior to enlisting in our Nation’s armed forces, Friday, September 7, 2007 the life and legacy of Mr. Terry Friday, and I Staff Sergeant Butkus graduated from West Mr. CLYBURN. Madam Speaker, I rise offer my deepest condolences to his family Milford High School in West Milford, New Jer- today to pay tribute to the life of Mr. Terry Fri- and friends. sey, where he was a scholar-athlete and day and to express my deepest sympathy to f member of the wrestling and track teams. his family on his passing on September 1, Staff Sergeant Butkus’s 12-year military ca- 2007. CONGRATULATIONS TO JOANN reer took him to Fort Bragg, North Carolina, Terry Friday was born on December 26, DIGENNARO, PRESIDENT, CEN- where he served with the 82nd Airborne Divi- 1950, in Columbia, South Carolina to Joseph TER FOR EXCELLENCE IN EDU- sion, and to Alaska and South Korea. Among C. and Leola Lee Friday. A child prodigy, his CATION, FOR BEING HONORED his many assignments over the years, Butkus musical genius became evident during his BY THE GOVERNMENT OF BUL- served as an instructor at the U.S. Army early years, and his family began to expose GARIA AND THE ST. CYRIL AND Training Center at Fort Jackson, South Caro- him to the world of music. ST. METHODIUS INTERNATIONAL lina. Additionally, Staff Sergeant Butkus was At the age of 6, he began his formal music FOUNDATION commended on two separate occasions for his training under his first piano teacher, Mrs. leadership as a noncommissioned officer. Margaret Thornton, who nurtured his love for HON. JOE WILSON Staff Sergeant Jason M. Butkus dedicated music and encouraged what would become OF SOUTH CAROLINA his life to protecting and ensuring our Nation’s Terry’s lifelong passion, sharing his musical IN THE HOUSE OF REPRESENTATIVES freedom. He served his country, his commu- gift with others. As he progressed through the nity, and his fellow soldiers with the deter- Friday, September 7, 2007 Columbia public schools, other nurturing music mination, integrity, and courage that is exem- teachers included Mrs. Haggler at Roosevelt Mr. WILSON of South Carolina. Madam plary of a true soldier. He demonstrated his Village Elementary School, Mrs. Barbara Bai- Speaker, I wish to recognize and celebrate the courage on the battlefield while fighting for de- ley, and Mrs. Edna Pough, all of whom had a honor that was bestowed by the Government mocracy abroad. His service is a shining ex- profound influence on his early training. of Bulgaria and the St. Cyril and St. Methodius ample for future soldiers. Terry excelled in almost all instruments, not International Foundation to Joann DiGennaro, Staff Sergeant Jason M. Butkus is survived only piano and organ. His special gift allowed President of the Center for Excellence in Edu- by a loving mother, father, and a 9-year-old him to play the flute, clarinet, French horn, cation. son, Connor. Madam Speaker, I urge my col- drums, bells, and saxophone. His musical rep- Founded in 1983 and located in McLean, leagues to join me in honoring the life of Staff ertoire spanned the full range of music—clas- Virginia, the mission of the Center for Excel- Sergeant Jason M. Butkus. sical, jazz, religious, hymns, spirituals and an- lence in Education is to nurture young schol- f thems, and contemporary gospel music. ars to careers in excellence and leadership in Mr. Friday graduated from Booker T. Wash- science and technology and to encourage HONORING THE MEMORY OF ington High School in 1969, where he was a international collaborations in the global com- DANIEL BAUGH BREWSTER member of the Marching 100 school band munity. The Center has a 23-year record of under the direction of the late Mr. ‘‘Pop’’ June. achievement in identifying and motivating fu- HON. C.A. DUTCH RUPPERSBERGER He continued his education at the University of ture leaders in science and technology. All OF MARYLAND South Carolina where he received his Bach- programs provided by the Center are free of IN THE HOUSE OF REPRESENTATIVES elor of Arts (1973) and Master’s (1979) de- cost to participating students. Friday, September 7, 2007 grees in Music. As co-chair of the Bulgaria Caucus, I would During his high school years, Terry began like to congratulate Joann on her philanthropic Mr. RUPPERSBERGER. Madam Speaker, I his Church music ministry at Friendship Afri- and educational work benefiting the United rise before you today to honor the memory of can Methodist Episcopal Church, a church States and Bulgaria. Joann’s leadership as Daniel Baugh Brewster, a former U.S. Rep- founded by his grandparents. He later served President of the Center for Excellence in Edu- resentative and U.S. Senator from Maryland. the Union Baptist Church of Columbia. In cation has allowed her to secure donations of Daniel Brewster was born in Baltimore 1970, at only 20 years old, he became the or- educational and medical equipment in Bul- County, Maryland on November 23, 1923. He ganist at Ridgewood Missionary Baptist garia. She has been pivotal in creating a attended Gilman School in Baltimore, Mary- Church, where he served until 1989. It was stronger relationship between the U.S. and land and St. Paul School in Concord, New during his tenure that the Ridgewood choir Bulgaria. Her hard work should be com- Hampshire. earned a national reputation for musical excel- mended as Bulgaria continues to strengthen Mr. Brewster attended Princeton University lence. its democracy. America is a grateful partner before enlisting in the Marine Corps in 1942. In 1989, Mr. Friday was called to Wash- with Bulgaria in NATO, and this year we cele- At the age of 19, he commanded troops in the ington, DC as the minister of music at the his- brate Bulgaria’s admission to the European South Pacific as a lieutenant with the 4th Ma- toric Metropolitan African Methodist Episcopal Union. rine Regiment of the 6th Marine Division. Mr. Church, the national cathedral of the AME I want to wish Mrs. DiGennaro best wishes Brewster led assault waves on Guam in 1944 church. During his tenure at Metropolitan, he and good fortune in her future projects. and on Sugar Loaf Mountain in Okinawa in served as musician/director at many pres- f 1945. He was wounded seven times during tigious events and ceremonies, most notably the assaults, and was awarded a Purple the Inaugural Prayer Services for President HONORING THE LIFE OF STAFF Heart, two Gold Stars and two Bronze Stars. William Jefferson Clinton in 1993 and 1997 re- SERGEANT JASON M. BUTKUS He attended school both day and night at spectively. the Johns Hopkins University to earn enough In September of 1998, Terry was named HON. AL GREEN credits to enroll in the University of Maryland Minister of Music at the Nineteenth Street OF TEXAS School of Law. He graduated in 1949 by Baptist Church of Washington, the oldest Afri- IN THE HOUSE OF REPRESENTATIVES supplementing his course work with night can American Baptist congregation in the na- classes at George Washington University’s tion’s capital. Highly sought after by churches Friday, September 7, 2007 Law School. Shortly thereafter, he then formed and choral groups, one of Terry’s crowning Mr. AL GREEN of Texas. Madam Speaker, a law practice with John Grason Turnbull, then achievements was playing the organ at the I wish to honor the life of Staff Sergeant Jason majority leader of the Maryland Senate. He Washington National Cathedral. M. Butkus 34, of New Jersey, who died in was elected to a countywide Maryland House Mr. Friday leaves behind legions of choirs, Bagdad, Iraq, in support of Operation Iraqi of Delegates seat representing Baltimore orchestras, and ensembles, all of whom bene- Freedom on August 30, 2007. Staff Sergeant County, Maryland in 1950, at age 26, and fited from his musical genius. One of his Butkus died of injuries sustained when his served two terms. greatest joys was to feel the response of great mounted patrol was struck by a rocket-pro- In 1958, Mr. Brewster was elected to Con- choirs, as he accompanied them on the organ. pelled grenade. gress from Maryland’s 2nd District, which then

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.033 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1831 encompassed Harford, Carroll and Baltimore vide technical support. FGS now is one of the PAYING TRIBUTE TO CPL. JUAN Counties. He served two terms in the House irrigation leaders in agriculture. ALCA´ NTARA of Representatives. FGS also owns a manufacturing facility Mr. Brewster was elected to the U.S. Sen- through a subsidiary, United Wholesale Lum- HON. CHARLES B. RANGEL ate in 1962 at age 39. He was the sole spon- ber Company, in Visalia, California. United is OF NEW YORK sor of legislation that created the Assateague one of the largest suppliers of pallets to the IN THE HOUSE OF REPRESENTATIVES Island National Seashore in Maryland and Vir- West Coast shipping industry. In 2002, FGS Friday, September 7, 2007 ginia in 1963. In 1964, he was the stand-in acquired a group which provides wax and re- candidate for President Lyndon B. Johnson lated equipment and services to the agricul- Mr. RANGEL. Madam Speaker, today I rise when Alabama Governor George C. Wallace, tural industry. Renamed FGS Packing Serv- to ask my colleagues to take a moment to re- a segregationist, ran in Maryland’s Democratic ices, the groups business grew 50 percent in member all of our military men and women presidential primary, a test battle amid the de- its first 3 years with FGS. who died in the line of service during this re- ´ bate over the Civil Rights Act of 1964. Fruit Growers’ proud heritage and ongoing cess period. Men like Cpl. Juan Alcantara, Madam Speaker, I ask that you join with me efforts to best serve the needs of its members, who died on August 6, 2007, in Baqubah, Iraq, today to honor the memory of Daniel Baugh and the agricultural community, stand it in in support of Operation Iraqi Freedom. According to Department of Defense re- Brewster. He was a true American patriot who good stead for its next 100 years. ports, Corporal Alca´ntara died of injuries sus- throughout his life went above and beyond the I ask all members to join me in honoring call of duty in his service to Maryland and the tained when an improvised explosive device Fruit Growers Supply Company upon the cele- detonated near his dismounted patrol. This United States of America. bration of its centennial and in commending f news was especially heart wrenching for me Fruit Growers for its past and present commit- because Cpl. Alca´ntara was assigned to the CELEBRATING FRUIT GROWERS ment to providing services and support to the 2nd Infantry Division out of Fort Lewis, Wash- SUPPLY COMPANY CENTENNIAL agricultural community. ington, the same infantry division that I served in during the Korean War. HON. DEVIN NUNES f This fallen hero moved to the United States OF CALIFORNIA EXPRESSING SYMPATHY AND from the Dominican Republic at the age of 5 IN THE HOUSE OF REPRESENTATIVES PLEDGING SUPPORT FOR VIC- and graduated from Edward Reynolds West Side High School in my district. Like many sol- Friday, September 7, 2007 TIMS OF SEVERE FLOODING IN EASTERN KANSAS diers who are fighting in Iraq, he enlisted in Mr. NUNES. Madam Speaker. I rise today the Army with the hopes of one day being to honor and congratulate Fruit Growers Sup- able to earn enough money to attend college SPEECH OF ply Company as it celebrates its 100th anni- and to secure the military’s lucrative post-serv- versary. HON. NANCY E. BOYDA ice benefits. He dreamed of obtaining 60 col- Fruit Growers Supply Company was born OF KANSAS lege credits to become a police academy out of adversity. Organized in 1907 by the cadet and following the footsteps of his sis- IN THE HOUSE OF REPRESENTATIVES members of the Southern California Fruit ters, Cathy and Ferdelinda Pena, by joining Growers Exchange (now known as Sunkist Wednesday, September 5, 2007 the NYPD. Growers) it owes its beginnings to the infa- My District, like many communities in this Mrs. BOYDA of Kansas. Madam Speaker, mous 1906 San Francisco earthquake and country, have seen too many of their best and on June 26th, rains began to fall in eastern fire. Following that disaster, the demand for brightest come home in body bags. Young Kansas, and they barely paused for the next lumber for rebuilding increased dramatically— Americans searching for opportunity to get a 3 days. Storms dumped as much as 21 inches and lumber used (or citrus crates became very college education, decent health care, and/or of rain in some places, triggering floods that scarce and very expensive. The Exchange own a home are increasingly having to make washed over dozens of counties. members formed a separate cooperative, Fruit the choice to stare into the barrel of a gun or Growers Supply, to assure the availability of When the rains finally stopped, I joined Mr. dodge a roadside bomb in order to have their the materials needed to grow, harvest, pack- MOORE, Mr. TIAHRT, Mr. MORAN, and our gov- fair shot at the American Dream. age and ship it member’s citrus. ernor, Kathleen Sebelius, to tour the flood- Because this young warrior’s service was FGS worked with small lumber companies damaged regions. We saw heartbreaking extended as part of the president’s new to obtain boxes at a reasonable cost. As citrus sights: homes covered in water, streets ren- ‘‘surge’’ strategy, he asked the Army if he production increased, Fruit Growers continued dered inaccessible by floods, and the popu- could come home to New York to see his to expand, purchasing additional timberlands lations of whole towns camping in middle daughter, who was born on June 29, 2007. in Northern California. While FGS no longer schools. We also saw countless acts of kind- His request was denied and his life tragically owns any sawmills, it still is one of the largest ness, from the very large to the very small. came to an end, never being able to feel the private landowners in California, with addi- Friends and neighbors gave generously of warmth of his newborn baby girl, Jayleni tional recently acquired holdings in Oregon their time, their shelter, their food, and their Alca´ntara. She will hear the heroic tales of her and Washington. hearts. As devastating as the floods were, father but she will never experience his smile, In 1916, to meet the growing needs of its they brought out the very best in Kansans. affection, and the sanctuary of a fatherly hug. members, FGS opened its first Operations I’m pleased that the House is pausing today In the eyes of some, CpI. Alca´ntara’s self- Center in Porterville to warehouse supplies to reflect upon what we’ve lost and to honor lessness and willingness to make the ultimate needed for the citrus industry. Today, FGS the hard work of rebuilding Kansas. Votes sacrifice for this Nation is made even more re- has six Operations Centers throughout the such as this are sometimes called ‘‘symbolic,’’ markable when one considers that he was not growing regions of California and Arizona but that is not the same thing as ‘‘meaning- even an American citizen. However, it should available to serve its grower and packer mem- less.’’ To the Americans who have heard little be no surprise that immigrant soldiers defend bers. news from Kansas since the flood waters re- their newly established homeland with the In the early 1950s the citrus industry began ceded, this vote serves as notice that we’re same vigor as American born citizens. I’ve replacing the standard wooden box with fiber- rebuilding, stronger than ever before. And to lived in this country long enough to know that board cartons. In 1961, FGS built its first car- the thousands of Kansans who lost everything, no birth certificate can ever determine how ton plant to assure its members of a lower it is a show of support from their community deeply one loves this country. It only saddens cost, higher quality container in which to ship and their country. me that he died never having realized so their Sunkist citrus. Today, FGS’ highly effi- Today, 2 months after the rain stopped, many dreams, including the one of taking the cient corrugated manufacturing plant in On- eastern Kansas is well on its way to recovery. oath to our Constitution. Yet I am proud to call tario, California produces millions of cartons, For that, we owe our deepest thanks to our him a constituent and now that he has been not only for Sunkist citrus, but for other agri- friends and neighbors, to the emergency per- awarded citizenship posthumously, a fellow cultural producers as well. sonnel who worked so tirelessly for so long, American citizen. FGS’ member support continues to expand and to FEMA for its helping hand. You’ve Gen. MacArthur once said, ‘‘The soldier as needs change. When citrus growers need- shown us how to meet a disaster with courage above all others pray for peace, for it is the ed efficient water delivery systems, they and compassion, and you’ve shown America soldier who must suffer and bear the deepest turned to FGS to design the systems and pro- the very best of Kansas. wounds and scars of war.’’ Let us all hope that

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.037 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1832 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 his death was not in vain and that it moves On July 21, 2007, First Lieutenant George Decrease Overweight and Obesity, the cost of our forces one step closer to home and to Wesley Hofsess peacefully passed at the age obesity in the United States in 2000 was more peace in the Middle East. of 91. He is survived by his wife of 67 years, than $117 billion. We may disagree with the wars that are Frances Ann Hofsess; his daughter Anne A focused national health initiative is nec- being waged by our Commander in Chief, but Stamos and her husband Lucas of San Jose, essary because unhealthy lifestyles have be- that should never negate the courage of our CA; his daughter Julie Antal and her husband come a normal part of everyday life. Participa- Nation’s immigrants who have answered the Tom of Minneapolis, MN; and his grandson, tion in high school physical education classes call to duty and have made the ultimate sac- Grant Murray, of San Jose. Lieutenant has dropped from 42 percent in 1991 to 33 rifice. Hofsess left a legacy of bravery and selfless- percent in 2005, accounting at least for part of f ness through his service to his country. the reason that one-third of young people in Throughout his life, he fought to protect peace grades 9–12 do not regularly engage in phys- CELEBRATING THE LIFE OF FIRST and freedom and was a loving husband and ical activities. National data show an increase LIEUTENANT GEORGE WESLEY father. We are forever grateful for his service in unhealthy eating habits for adults and no HOFSESS to this nation and the world. The contributions change in physical activity. Changes in nutri- of First Lieutenant George W. Hofsess will not tion are equally critical because 60 percent of HON. MICHAEL M. HONDA be forgotten and he will be sorely missed. young people consume too much fat, a factor OF CALIFORNIA f in the doubling in the percentage of over- IN THE HOUSE OF REPRESENTATIVES weight youth. Friday, September 7, 2007 LIFELONG IMPROVEMENTS IN I urge my colleagues to join with me in sup- FOOD AND EXERCISE ACT (LIFE) port of this important legislation to mobilize the Mr. HONDA. Madam Speaker, I rise today country now before entirely preventable health to honor the life and memory of First Lieuten- conditions that begin in children overwhelm ant George Wesley Hofsess, who recently HON. ELEANOR HOLMES NORTON the nation’s health care system. passed away at his Ventura, CA home on July OF THE DISTRICT OF COLUMBIA 21, 2007. Lieutenant Hofsess dedicated his IN THE HOUSE OF REPRESENTATIVES f life to his family and his country. His courage Friday, September 7, 2007 TRIBUTE TO MASTER WAN KO YEE and his commitment to excellence were exem- Ms. NORTON. Madam Speaker, today I in- plary both at home and on duty. HON. TOM LANTOS Lieutenant Hofsess was born on August 5, troduce the Lifelong Improvements in Food and Exercise Act (LIFE), a national initiative to OF CALIFORNIA 1915 in Partridge, Kansas where he grew up IN THE HOUSE OF REPRESENTATIVES on a small farm. He attended Kansas State attack growing problems of overweight and Friday, September 7, 2007 University where he met the love of his life, obesity now found in Americans of every age, Frances Ann Esmond. They were happily mar- race, and major demographic group. The LIFE Mr. LANTOS. Madam Speaker, one of the ried on June 8, 1940. Upon graduating from bill would provide $15 million in funding to the fundamental principles on which this Nation Kansas State University, Lieutenant Hofsess Centers for Disease Control (CDC) for a major was founded is freedom of religion and re- decided to dedicate his life to the service, en- effort to reverse increasingly sedentary life- spect for the religious beliefs of others. Reli- listing in the U.S. Army Air Force on May 28, styles and diets that are high in fat and sugar. gious tolerance and the freedom of religion for I introduce the bill today because of the 1942. individuals to believe what they choose is one Lieutenant Hofsess was assigned to the startling and steadily increasing rates of obe- of the underlying concepts essential to our 709th Bomb Squadron, 447th Bomb Group, as sity among adults and children in the United democratic system of government. Madam a pilot of a B–17 Bomber, Plane 1091. He was States. Currently, 64.5 percent of adults, aged Speaker, it is in that spirit that I want to pay stationed in England during World War II and 20 years and older, are overweight and 32.2 tribute to Master Wan Ko Yee, who has been served valiantly there, flying 28 missions over percent of adults (over 66 million) are obese. recognized by world-renowned Buddhist mas- Nazi-occupied Europe. For a time, Lieutenant According to the National Women’s Health In- ters as Dorje Chang Buddha III, the true incar- Hofsess was reported missing in action over formation Center, 50 percent of women aged nation of the primordial Buddha of the Bud- France. 20 to 74 are overweight or obese. Young peo- dhist faith in accordance with the rules of rec- Eventually, Mrs. Hofsess was notified by the ple are no better off—the percentage of chil- ognizing the incarnation in Buddhism. Washington Provost Marshall General that dren who are overweight has more than dou- Master Yee was born in Sichuan, China, Second Lieutenant George W. Hofsess was a bled, and among adolescents the rates have and like many individuals over the last four prisoner of war in Nuremburg concentration tripled since 1980 increasing from 5 percent to centuries, has come to this land where there camp #4274. 17.1 percent. The Centers for Disease Control is greater opportunity and freedom to teach On December 28, 1944, Mrs. Hofsess re- (CDC) reports that Type 2 diabetes, consid- and practice his religion. As Master Yee said, ceived a letter from the War Department, stat- ered an adult disease, is now widespread in ‘‘The American people are kind and noble. ing that by direction of the President, the Air children. The health care system is already People can freely believe in religion in the Medal and one Oak-leaf Cluster had been paying the price, and the consequences to United States, a country that is spiritually awarded to Second Lieutenant George W. kids will follow them throughout their lives. wealthy, powerful, and blessed.’’ Hofsess for ‘‘exceptionally meritorious These kids, ages 10 to 15, have a 80 percent I am pleased that he has found a new home achievement’’ and for displaying ‘‘courage, chance of being overweight adults, with the in my own home state of California, where coolness and skill.’’ As these awards could not health conditions that follow, such as high many Americans of diverse backgrounds have be formally presented to Lieutenant Hofsess, blood pressure, heart disease and cancer. embraced principles of Buddhism, which in- they were presented to Mrs. Hofsess. The LIFE bill directs the CDC to pursue clude showing compassion toward others, Lieutenant Hofsess earned his medals many obesity and sedentary lifestyles in three ways: benefiting others, being selfless, and striving times over. At the time his plane was shot train health professionals to recognize the for enlightenment and liberation. down, he suffered burns to his face and hands signs of obesity early and educate people con- Master Yee, who is recognized as His Holi- while successfully evacuating his entire crew cerning healthful alternatives, such as proper ness Wan Ko Yeshe Norbu, the Buddha from the plane. During his imprisonment in the nutrition and regular exercise; conduct public Vajradhara Great Dharma King by the leaders concentration camp, his older brother, Lieuten- education campaigns to teach the public about of different sects of Buddhism in the world, ant Colonel Russell Hofsess, with the famous how to recognize and address overweight and has established a temple in San Francisco. Seventh Army, began a tireless search for obesity; and develop intervention strategies to Other similar places of worship for the benefit him. be used in everyday life in worksites and com- of believers have been established in other cit- Finally, just before Germany surrendered, munity settings. This important legislation is ies in California, New York, Washington, DC Lieutenant Hofsess was found. He walked out the minimum necessary to address this major and abroad. of the prison camp and into the arms of his health care crisis. Already, chronic diseases, Master Yee not only is a widely recognized older brother. many of which are caused or exacerbated by and admired Buddhist thinker and teacher, First Lieutenant George W. Hofsess was overweight or obesity, account for 70 percent Madam Speaker, but he also is an artist Honorably Discharged from service on No- of all deaths in the U.S., which is 1.7 million whose work has been widely acknowledged vember 25, 1945. He lived the following years each year and 60 percent of U.S. medical and exhibited. His work includes a number of as a civilian, caring for his family and his care expenses yearly. According to the Sur- very different styles and media, including tradi- friends. geon General’s Call to Action to Prevent and tional Chinese calligraphy, traditional Chinese

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.041 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1833 painting, abstract painting, and a new style of teaching profession and prepares students for PAYING TRIBUTE TO ARTHUR art that is called Yun sculpture in which Mas- academic success in college and their future MONETTI ter Yee has created beautiful colors and careers. shapes. Another notable contribution to the commu- HON. JON C. PORTER In recognition of his artistic work, he has nity will be the unveiling of the Fallen Heroes OF NEVADA been named a ‘‘Fellow’’ by the Royal Acad- Memorial honoring Austin High graduates who IN THE HOUSE OF REPRESENTATIVES emy of Art in the United Kingdom. His works lost their lives in faithful service during WWII, Friday, September 7, 2007 of art have been displayed in a number of ex- the Korean War, and in Vietnam. Mr. PORTER. Madam Speaker, I rise today hibits, including two recently here in Wash- It is with great pleasure that I bring due at- to honor Arthur Monetti, a veteran of World ington, DC at the Organization of American tention to Austin High School, commend them War II, for his exemplary service in defense of States and in the Gold Room of the Rayburn on their accomplishments and challenge them freedom and award him with the Jubilee of House Office Building, which was sponsored to grow even further and continue their out- Liberty Medal. On June 6, 1944 the United by our friend and colleague, DAVID DREIER of standing example in our community. California. An exhibit of his Yun sculpture in States and its allies embarked on the largest air, land, and sea invasion ever undertaken. San Francisco last year was widely attended, f and his work has been exhibited in a number This massive effort included 5,000 ships, of other locations. HONORING BUENA VISTA 10,000 airplanes, and over 150,000 American, Madam Speaker, I invite my colleagues to CARNEROS WINERY British, Canadian, Free French, and Polish join me in paying tribute to Master Wan Ko Troops. During the 50th anniversary of this Yee, Dorje Chang Buddha III, a Buddhist lead- HON. MIKE THOMPSON historic event, the French Government award- er of particular renown who has chosen to ed the Jubilee of Liberty Medal to American OF CALIFORNIA make his home here in the United States, and servicemen for their participation in the Battle IN THE HOUSE OF REPRESENTATIVES who is an outstanding artist, scholar, and reli- of Normandy. gious thinker. Friday, September 7, 2007 Arthur served in the United States Army, Battery B 491st Anti-Aircraft Artillery Battalion. f Mr. THOMPSON of California. Madam Arthur fought ground combat during the Battle PERSONAL EXPLANATION Speaker, I rise today to honor Buena Vista of Normandy in Northern France, Rhineland. Carneros on the 150th anniversary of the For his heroism and valor, Harry was awarded HON. CAROLYN McCARTHY founding of this historic estate. Buena Vista the American Service Medal, European Afri- Carneros was the first premium winery estab- can Middle Eastern Service Medal, Good Con- OF NEW YORK lished in California, and 150 years later it re- duct Medal and the World War II Victory IN THE HOUSE OF REPRESENTATIVES mains one of the leading wineries in, the Medal. Friday, September 7, 2007 world’s foremost wine producing region. Madam Speaker, I am proud to honor Arthur Mrs. MCCARTHY of New York. Madam The estate was founded in 1857 by Hun- Monetti for his heroic service in the United Speaker, on September 6, I was attending a garian Count Agoston Haraszthy after he was States Army. His dedication to this country in funeral in my district and missed several introduced to the Sonoma wines by General the theater of war is truly exemplary. I com- votes. If present I would have voted on the fol- Mariano Guadalupe Vallejo. General Vallejo mend the sacrifices he has made to protect lowing Rollcall votes, Rollcall No. 854, approv- learned of his interest in winemaking when the our freedoms and I am pleased to have the ing the Journal, ‘‘aye’’. Rollcall No. 855, H. Count first arrived in the Sonoma Valley, and opportunity to recognize his service. I applaud Res. 633, ‘‘Aye’’. Rollcall No. 856, anti-Native after a tasting session the Count decided to Arthur Monetti for his successes and I wish Hawaiian amendment to H.R. 2786, ‘‘Nay’’. remain in the region and plant his own vine- him the best in his future endeavors. Rollcall No. 857, King of Iowa amendment to yards. With the success of the winery, Count f H.R. 2786, ‘‘Nay’’. Rollcall No. 858, Price of Haraszthy was commissioned by the California State Legislature to travel through Europe in HONORING THE 100TH ANNIVER- Georgia amendment to H.R. 2786, ‘‘Nay’’. SARY OF THE CITY OF WASCO Rollcall No. 859, final passage of H.R. 2786, order to gather the finest European cuttings to ‘‘Aye’’. bring back to California. In total, the Count gathered more than 100,000 cuttings of 350 HON. JIM COSTA f varietals for the nascent California wine indus- OF CALIFORNIA HONORING THE 70TH ANNIVER- try. In 1969, in recognition both of his famous IN THE HOUSE OF REPRESENTATIVES SARY OF AUSTIN HIGH SCHOOL winery and his contribution to California viticul- Friday, September 7, 2007 IN HOUSTON, TEXAS ture, Congress recognized Count Haraszthy Mr. COSTA. Madam Speaker, I rise today to as ‘The Father of Californian Winemaking’. congratulate the City of Wasco on the celebra- HON. GENE GREEN Today, Buena Vista Winery and Vineyards is tion of their 100th anniversary. OF TEXAS recognized as a California Registered Historic The birth of the town of Wasco dates back Landmark. IN THE HOUSE OF REPRESENTATIVES to 1897, when the Santa Fe Railroad laid Buena Vista winery’s storied history truly tracks through the area. Soon after, over 300 Friday, September 7, 2007 takes off with the acquisition of 700 acres in families relocated there through the efforts of Mr. GENE GREEN of Texas. Madam the Cameros appellation in 1969. This initial Marshall V. Hartranft, who secured land for re- Speaker, I rise today to honor and celebrate holding was quickly expanded to a total of sale to the settlers from the Kern County Land Stephen F. Austin High School of Houston. 1,000 acres, and coincided with the rise to Company. This effort was known as the This school, located in our district, opened in prominence of the Carneros region, built large- ‘‘Fourth Home Extension Colony.’’ Originally September of 1937, and for 70 years, it has ly on a reputation for producing excellent cool- named ‘‘Dewey,’’ then ‘‘Deweyville,’’ Wasco held education and its students in the highest weather wines. Since that time, as Sonoma was renamed by William Bonham, a settler regard. Valley has gained prominence as one of the from Wasco County in Oregon, and the town Austin High School focuses on the develop- world’s premier wine regions, Carneros’ fame name was recorded by the Post Office in ment of their students and the community sur- has continued to rise. In 2005, Buena Vista 1900. rounding them to attain full potential and aca- winery was renamed Buena Vista Carneros to In 1904 Delta-Shamrock School was born demic achievement. The student body has coincide with a replanting of its estate vine- serving as a multi-purpose institution including grown to almost two thousand students, 99% yards into small blocks arranged to best cap- a school, a civic center and a welcoming place of which are minority students. Through the ture Carneros’ subtle variations. for settlers who arrived in 1907. A few years use of their magnet program, Advanced Place- Madam Speaker, it is appropriate at this later, a business district was born which in- ment courses, Dual Credit Courses for college time that we acknowledge Buena Vista cluded a depot, a general store, a post office, credit and many more avenues, approximately Carneros on the 150th anniversary of its two saloons, a blacksmith shop and a hotel. $1,000,000 in scholarship funding for the grad- founding. As California’s first winery, Buena Eventually, the school was renamed ‘‘The uating seniors of 2007 has been secured. This Vista Carneros is truly a testament to the en- Wasco School’’ and, in 1919, it became the is quite the accomplishment and deserves during quality and character of California wine, Wasco Unified School District. much recognition. The school’s magnet pro- and today it remains among the Sonoma Val- In 1929, the Wasco Union High School Au- gram also deserves notice as it focuses on the ley’s finest wineries. ditorium was completed. This architectural

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.045 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1834 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 gem was added to the National Register of throughout the course of his life. In 1983, paper has strongly advocated for economic Historic Places in 1997. The building, with its Texas Southern recognized his tireless service and community development and against renaissance style architecture and aesthetic by naming the Student Services Building in his drugs and violence. Its editors have also fo- charm, still functions as a venue for edu- honor as Everett O. Bell Hall. He also served cused on the special needs of senior citizens, cational, civic, and cultural purposes. admirably in the Episcopal Church, where he young people, and the poor in the community. The City of Wasco has since flourished into served on the Diocese of Texas’ Executive Eddie Richardson and T.J. Patterson co- a growing and vibrant community located in Board and Race Relations Board. Mr. Bell founded the Southwest Digest in 1977. In ad- the heart of the most diversified agricultural re- also demonstrated his commitment to his com- dition to their work with the newspaper, both gion in the world. Wasco is nestled among munity by serving on the Board of St. Luke’s men have been active in serving the Lubbock blooming rose fields, almond and pistachio or- Episcopal Hospital. community and state of Texas, and both also chards, sugar beets, grapes, and white cotton I would like to express my condolences to served their country in the U.S. armed forces. fields among many other fruits and vegeta- Everett Bell’s family, friends and all those who After working with Texas State Representa- bles. will miss him dearly. I would also like to ex- tive Al Edwards for many years, Eddie Rich- Wasco is also universally known as the press my admiration for his lifelong dedicated ardson was appointed by the governor as a Rose Capital of the Nation. Over 60 percent of service to his community and his country. commissioner on Texas’ Juneteenth Cultural all roses grown in the United States are grown f and Historical Commission. T.J. Patterson’s in the Wasco area. Seven major rose compa- career in education included teaching in Lub- nies grow more than 50 million plants in the PERCY SUTTON POST OFFICE bock and serving as Assistant Dean at the North Kern County area. Rose companies BUILDING Texas Tech College of Business. He was also were looking for a good climate, the right kind a leader in local government, becoming the SPEECH OF of soil, good land to lease, a desirable growing first African American elected to the Lubbock season, as well as an available labor force HON. CAROLYN B. MALONEY City Council in 1984. He was named Mayor and water. Wasco has been home to many of OF NEW YORK Pro-Tem in 1990 and stepped down from the these rose companies for over 50 years. IN THE HOUSE OF REPRESENTATIVES Lubbock City Council in 2004. The history of this city further demonstrates Under the leadership of Eddie Richardson Wednesday, September 5, 2007 that it is only by embracing the importance of and T.J. Patterson, the Southwest Digest has community, cooperation and shared vision that Mrs. MALONEY of New York. Madam made many notable contributions to the Lub- such success can be achieved. I am honored Speaker, I rise to express my support for the bock area. Some of these include participating to stand and shine a spotlight on the City of resolution to name the post office at 365 West in 85 marches against gangs, drugs and vio- Wasco, as they celebrate a century of pride 125th Street in New York City as the ‘‘Percy lence over the years. In 2002, the editors es- and progress. Sutton Post Office Building.’’ tablished the Southwest Digest Foundation to f A civil rights leader and businessman, Percy help support disadvantaged young people. STATEMENT HONORING THE LIFE Sutton was a pre-eminent fixture of New York Through the years, the Southwest Digest has OF FORMER TEXAS SOUTHERN politics, serving as a member of the New York continued to spread the message that drugs UNIVERSITY PRESIDENT EVER- State Assembly and from 1966 through 1977 and crime should not be tolerated in the Lub- ETT O. BELL as Manhattan Borough President. Most of all, bock community. Percy Sutton was one of the architects of the This newspaper has had a positive impact HON. AL GREEN effort to revive Upper Manhattan. on Lubbock for the past 30 years. I congratu- Percy Sutton once said, ‘‘If you pray for only late the editors on their work and wish the OF TEXAS one thing, let it be for an idea.’’ He was a man IN THE HOUSE OF REPRESENTATIVES Southwest Digest continued success for many of innumerable ideas—many of them pro- years to come. Friday, September 7, 2007 foundly important for New York City and for f Mr. AL GREEN of Texas. Madam Speaker, the community he represented. He lived an I rise to pay tribute to a wonderful man and astonishingly full life that included stints as a HONORING THE 30TH ANNIVER- the former president of Texas Southern Uni- stunt pilot, military intelligence officer, lawyer, SARY OF BURKE CENTRE CON- versity, Everett O. Bell. Mr. Bell passed away civil rights activist, politician, media baron and SERVANCY last Thursday after a lengthy illness and he technology executive. will be deeply missed. Most of all, Percy Sutton dared to dream the HON. TOM DAVIS Everett Bell was born on September 23, impossible. At a time when Harlem was crum- OF VIRGINIA 1918 in Kosciusko, Mississippi to Ebb Owens bling, he believed that it could become a tour- IN THE HOUSE OF REPRESENTATIVES Bell and Allie Glee, as one of ten children. He ist attraction. When the famous Apollo Theatre Friday, September 7, 2007 quickly showed his dedication to serving his closed, it threatened to become another va- community and his country, attaining the rank cant shell on a street of shuttered stores. He Mr. TOM DAVIS of Virginia. Madam Speak- of Captain during his service in the United acquired the theater, in a move that is widely er, I rise today to commemorate the 30th anni- States Army during World War II. After leaving considered the first step to the renewal of versary of the Burke Centre Conservancy, lo- the service, Mr. Bell returned to the University 125th Street. cated in Fairfax County, Virginia. of Kansas to attain his Bachelor of Arts de- Percy Sutton had an important and lasting The Burke Centre Conservancy is a home gree. impact on the community surrounding the post owners association representing 5,862 homes Mr. Bell first came to Texas Southern in office, and it is fitting to have a federal building on 1,700 acres of land. A planned residential 1948 as a registrar and assistant professor at named in his honor. I am proud to support community, Burke Centre is comprised of sin- my alma mater, Texas Southern’s School of H.R. 954. gle family homes, townhouses, condominiums, Law, later to become the Thurgood Marshall f co-ops, duplexes and quad units. The variety School of Law. This marked the beginning of of housing located in Burke Centre provides 46 years of distinguished service to the univer- RECOGNIZING THE 30TH ANNIVER- the Conservancy with unique and pressing sity in various capacities. He served as direc- SARY OF THE SOUTHWEST DI- challenges in ensuring a healthy quality of life tor of personnel, acting dean of the School of GEST for all of its residents. Law, assistant to the president under seven Burke Centre is governed by an annually- different administrations, vice president for ad- HON. RANDY NEUGEBAUER elected board of trustees with seven volunteer ministrative affairs, and executive director for OF TEXAS members. The board acts to maintain commu- regent relations, among other positions. From IN THE HOUSE OF REPRESENTATIVES nity assets; address resident concerns; man- 1979 to 1980, Mr. Bell served as Texas age the financial assets of the corporation; Friday, September 7, 2007 Southern’s fifth president following the depar- execute the yearly budget; enforce Conser- ture of President Granville Sawyer. He contin- Mr. NEUGEBAUER. Madam Speaker, I con- vancy rules; administer community programs; ued working at the school through 1994, when gratulate the Southwest Digest for 30 years of encourage volunteer efforts; and to provide he retired after his extremely distinguished ca- service in the Lubbock community. Over the services to enhance a positive lifestyle within reer. past 30 years, the Southwest Digest has pro- the Burke Centre community. Mr. Bell served Texas Southern University vided the African American community of Lub- Significant accomplishments of the Burke and the rest of his community admirably bock with news and current events. The news- Centre Conservancy include a community risk

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.049 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1835 management plan and stream bank instability ment of Veterans Affairs is reaching out to ducted into the Naismith Memorial Basketball study by the Board of Trustees; a $250,000 homeless military veterans living in the South Hall of Fame in 1997 as a coach. wetlands remediation project; and the estab- San Francisco Bay region. The Texas Western team, a tight-knit group lishment of a community parking district. Held in Santa Cruz County, South Bay of blacks, whites, and one Hispanic, finished Burke Centre was also honored with the Stand Down aims to reduce the many barriers the 1965–66 regular season with a 23–1 2007 Best of Braddock Award for Neighbor- faced by homeless veterans and to assist record. The Miners then played their way to hood Enhancement and Beautification. them with a wide variety of services. For three the NCAA championship game. On the night Madam Speaker, in closing, I commend and days, veterans will be able to access clothing, of March 19, 1966, in College Park, MD, his- congratulate the Burke Centre Conservancy food, water, and shelter, and can interface tory was made when Haskins started, for the on 30 years of excellence. I call upon my col- with a wide variety of government and public first time ever, an all-black lineup in the final leagues to join me in applauding the Conser- service organizations. Veterans will have the NCAA championship game against Adolph vancy on its continued growth and success for ability to learn about benefits that they may be Rupp’s No. 1-ranked Kentucky Wildcats, an many years to come. entitled to, and even access free legal assist- all-white team. The Texas Western team won f ance and health services. the national title with a 72–65 victory. More I am truly inspired to see that the South Bay important than the basketball victory was the PAYING TRIBUTE TO PATRICIA Stand Down for Homeless Veterans is a com- profound statement that was made that night GRAY munity effort. A diverse array of organizations regarding an issue that was causing great na- have come together to ensure that the prob- tional controversy and strife—civil rights. HON. JON C. PORTER lem of homelessness among military veterans The win soon became a symbol for the OF NEVADA is properly addressed. Notable participants in- breakthrough of black athletes into college IN THE HOUSE OF REPRESENTATIVES clude the Veterans Transition Center, the sports and is an event defined by many as the County of Santa Cruz Veterans Services Of- ‘‘Brown v. Board of Education of athletics’’. Friday, September 7, 2007 fice, Capitola Vet Center, Shelter Network, Not After the ‘66 championship, college teams Mr. PORTER. Madam Speaker, I rise today This Time Vets, Easter Seals, and the Red throughout the South began aggressively re- to honor Patricia Gray for her unwavering Cross. cruiting black athletes, ending years of shame- dedication and service as Clerk of the U.S. Homeless veterans face incredible hurdles ful segregation. You may recall that the 2006 Bankruptcy Court in Nevada. in areas of life that many people simply take film ‘‘Glory Road’’ is based on the story of the Patricia has recently retired from the U.S. for granted. Access to shelter, food, and em- 1966 Texas Western team. Years later, when Bankruptcy Court after dutifully serving it for ployment are immeasurably more difficult to recounting his coaching successes and his- over 36 years. Patricia came to Las Vegas in attain. With as many as 50,000 homeless vet- toric contribution to civil rights, Haskins said, ‘‘I 1968, moving with her family from her birth- erans living in the state of California alone, it just played my best guys, like any coach place of Carlsbad, New Mexico. She grad- is imperative that the government and local would do.’’ uated from Las Vegas High School in 1969. communities reach out to assist those who This team will be remembered forever. This In September of 1970, Patricia was ap- have served our nation. The South Bay Stand is a great day for El Paso and for basketball pointed as a deputy clerk for the U.S. Bank- Down accomplishes just that. I commend the enthusiasts all over the world; a great day to ruptcy Court. Her immense talents and indomi- participating veterans and organizations for remember the civil rights struggle and some of table work ethic were recognized and she rose their willingness to better the lives of our com- the strides that have been made; and a great quickly through the ranks, becoming the Chief munity members. day to recognize and honor the contributions Deputy Clerk in 1974. In 1979, Patricia was Madam Speaker, I wish to express my grati- of the 1966 Texas Western NCAA champion- appointed as the Clerk of the U.S. Bankruptcy tude to the organizers of South Bay Stand ship basketball team as they are inducted into Court under the Bankruptcy Code for the Dis- Down and to all of the participating organiza- the Naismith Memorial Basketball Hall of trict of Nevada. tions. To the veterans who attend, I offer my Fame. During her 36 years with the court system, most sincere appreciation for your service in I am proud of this team—Bobby Joe Hill Patricia has actively served the judicial the armed forces of our nation. I can think of (Detroit, Michigan), Orsten Artis (Gary, Indi- branch, serving on many committees in both no other group more deserving of community ana), Togo Railey (El Paso, Texas), Willie the 9th Circuit and Administrative Office of support and recognition than the men and Worsley (New York, New York), David Palacio U.S. Courts. She has served on the Local women who served in the United States mili- (El Paso, Texas), Dick Myers (Peabody, Kan- Rules Subcommittee for Bankruptcy Rules and tary. sas), Harry Flournoy (Gary, Indiana), Louis as Chair of the 9th Circuit Bankruptcy Liaison f Baudoin (Albuquerque, New Mexico), Nevil Committee. Patricia is also a notable member Shed (New York, New York), Jerry Armstrong of the Las Vegas community for her service as HONORING THE 1966 TEXAS WEST- (Eagleville, Missouri), Willie Cager (New York, a member of the Board of Directors for the ERN NCAA CHAMPIONSHIP BAS- New York), David ‘Big Daddy’ Lattin (Houston, Clark County Chapter of the American Red KETBALL TEAM ON THEIR IN- Texas) and their legendary coach, Don ‘‘the Cross. DUCTION INTO THE NAISMITH Bear’’ Haskins, and congratulate them on this Patricia’s enduring legacy is recognized by MEMORIAL BASKETBALL HALL slam dunk! OF FAME her peers in the U.S. Bankruptcy Court, where f they describe her as being a great leader who has shown dedication and compassion for HON. SILVESTRE REYES CELEBRATING THE GIFT OF LIFE both the members of the court and for the OF TEXAS public. Madam Speaker, I am proud to honor IN THE HOUSE OF REPRESENTATIVES HON. GINNY BROWN-WAITE Patricia Gray. I wish her the greatest happi- Friday, September 7, 2007 OF FLORIDA ness in her retirement and I offer my sincere IN THE HOUSE OF REPRESENTATIVES thanks for her many years of service. Mr. REYES. Madam Speaker, I rise in honor Friday, September 7, 2007 f of the Texas Western Miners, the 1966 NCAA championship basketball team that is being in- Ms. GINNY BROWN-WAITE of Florida. IN HONOR OF SOUTH BAY STAND ducted into the Naismith Memorial Basketball Madam Speaker, I rise today in recognition of DOWN FOR HOMELESS VETERANS Hall of Fame today. Texas Western College is a new record for the State of Florida; our first now known as the University of Texas at El set of sextuplets, born this weekend to new HON. SAM FARR Paso (UTEP), and is in the district that I am parents Karoline and Ben Byler of Wesley OF CALIFORNIA honored to represent. The victory of the 1966 Chapel in my district. IN THE HOUSE OF REPRESENTATIVES Texas Western team made a groundbreaking As someone who raised three wonderful impact on diversity in sports and civil rights in girls, I know the joys of motherhood, albeit Friday, September 7, 2007 America, and this team is only one of six to be one at a time. the Bylers, who already have a Mr. FARR. Madam Speaker, I rise today to enshrined forever as a legend of the basket- 4-year-old at home, now get six times the express my appreciation and support for ball world. challenge of raising young children, welcoming South Bay Stand Down For Homeless Vet- Texas Western was coached by Don five little boys and one girl into their home. erans. From September 8th through Sep- Haskins, ‘‘the Bear,’’ who has become an El The boys were named Brady Christopher, tember 10, 2007, the United States Depart- Paso icon and legend and who was himself in- Eli Benjamin, Ryan Patrick, Jackson Robert

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.053 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1836 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 and Charlie Craig. The girl is MacKenzie Mar- H.R. 3162 also includes several provisions tional Association of Insurance Commis- garet. to improve the Medicare Part D prescription sioners, July 25, 2007; National Council on Madam Speaker, the residents of my district drug benefit. It caps out-of-pocket spending Aging, July 26, 2007; National Rural Health are like so many others around the Nation; Association, July 26, 2007; Illinois Governor under Part D to 5 percent of annual income Blagojevich, July 26, 2007; Incenter Strate- good, caring and generous American citizens. and eliminates late enrollment penalties for the gies, July 23, 2007; Juvenile Diabetes Re- Since the babies were born this weekend, the lowest income Medicare beneficiaries. Addi- search Foundation International, July 25, parents have been showered with gifts and tionally, this legislation expedites the process 2007; March of Dimes, July 25, 2007; NAACP, support, including clothing, diapers, baby to qualify for low-income assistance and al- July 26, 2007; wipes, baby formula and gift cards. lows any beneficiary to change plans if a plan National Committee to Preserve Social Se- While every child is a precious gift, to be changes the formulary in a way that results in curity and Medicare, July 25, 2007; National blessed with six babies at one time is truly an reduced access to a prescription for the indi- Hispanic Medical Association, July 25, 2007; accomplishment. In fact, this is the first time in vidual. National Medical Association, July 26, 2007; Florida history, and only the fourteenth time in Further, because there are many concerns Premier, July 26, 2007; The Arc: and United the United States that sextuplets have been about rapidly increasing health care costs, this Cerebral Palsy, July 26, 2007; The Medicare Cost Contractors Alliance, July 25, 2007; The born. My thoughts, prayers and best wishes legislation stops overpayments to private Society of Thoracic Surgeons, July 26, 2007; go out to Karoline and Ben Byler as they Medicare Advantage plans, which will save the Three State of New York Heathcare Organi- begin an amazing journey as parents to six 82 percent of Minnesota beneficiaries enrolled zations, July 25, 2007; Washington State new children while ensuring that the older sis- in traditional Medicare plans $10.2 million in Labor Council, AFL-CIO, July 25, 2007. ter feels just as loved. Part 8 premiums. This bill gradually imple- f ments the payment changes, which will allow f Medicare beneficiaries to choose the plan that H.R. 3162, THE CHILDREN’S best meets their needs. H.R. 3162 also raises PAYING TRIBUTE TO BRENT HEALTH AND MEDICARE PRO- the asset limits to $17,000 for individuals and EUGENE TYLER TECTION ACT $34,000 for couples, making it easier for sen- iors to qualify for assistance with Medicare HON. BETTY McCOLLUM Part 8 and D costs. HON. JON C. PORTER OF MINNESOTA H.R. 3162 is endorsed by numerous organi- OF NEVADA IN THE HOUSE OF REPRESENTATIVES zations including the AARP, the American IN THE HOUSE OF REPRESENTATIVES Friday, September 7, 2007 Medical Association, the American Academy of Pediatrics, the Children’s Defense Fund, Friday, September 7, 2007 Ms. MCCOLLUM of Minnesota. Madam Families USA, and the National Rural Health Mr. PORTER. Madam Speaker, I rise today Speaker, I rise today in strong support of the Association. I have included for the CONGRES- to honor Brent Eugene Tyler for a lifetime of Children’s Health and Medicare Protection, SIONAL RECORD a list of organizations that community and business service in Nevada. CHAMP, Act to help ensure that the 68,000 have sent letters in support of this legislation. children in Minnesota without health insur- Madam Speaker, it is essential that all Brent was born in 1928 in Thatcher, Ari- ance, and the more than 9 million children Americans have access to comprehensive, zona. After graduating from high school, he around the country that are uninsured and quality, and appropriate health care. I urge my went on to serve his country in the U.S. Navy underinsured, have access to the critical colleagues to join me in voting for this impor- from 1946 to 1948. Brent moved to Nevada in health care services they need. tant bill. 1950 with his wife, Anne. He graduated from The State Children’s Health Insurance Pro- CHAMP LETTERS OF SUPPORT the University of Nevada, Reno in 1953 with a gram, SCHIP, in our state, MinnesotaCare, AARP, July 26, 2007; Acute Long Term Hos- degree in Business Accounting. Brent and plays an important role in providing health pital Association, July 25, 2007; AFL-CIO, Anne had three children, Joe, Brent, and care coverage for millions of lower-income July 26, 2007; AFSCME, July 25, 2007; Alli- Stephanie. children around the country. It is available for ance for Better Health Care, July 26, 2007; Al- Brent found his professional calling in the children whose families do not have health in- liance for Retired Americans, July 25, 2007; blossoming neon sign business in Reno. He surance, but who do not qualify for Medicaid. American Academy of Child and Adolescent spent more than two decades as the top local Unfortunately, without action from Congress, Psychiatry, July 26, 2007; American Academy of Family Physicians, July 25, 2007; Amer- salesman for the Young Electric Sign Com- the law authorizing funding for this important pany, becoming a respected businessman program will expire at the end of September. ican Academy of HIV Medicine, July 26, 2007; American Academy of Ophthalmology, July with many friends in Nevada that he main- The CHAMP Act reauthorizes SCHIP and 25, 2007; American Academy of Pediatrics, tained throughout his life. improves the program by providing health care July 25, 2007; American Association of Neuro- In 1967, Brent made a bid for Reno City for an additional 5 million uninsured children in logical Surgeons, July 25, 2007; American Council; while he did not win the office, it did our nation who are eligible, but not currently Clinical Laboratory Association, College of not diminish his contribution to public service, enrolled in SCHIP. This bill also grants states American Pathologists, Genzyme Corpora- as he went on to assist countless northern Ne- the option to expand SCHIP coverage of preg- tion, Federation of American Hospitals, Na- vadans achieve local and state offices. nant women, as well as allowing states to tional Rural Health Association, July 26, offer health care coverage for older children 2007; American College of Physicians, June Mr. Tyler was admired by his community for 24, 2007; American Counseling Association &. up to age 21. his strong dedication to volunteerism. For sev- American Mental Health Counselors Associa- eral years he served as a full time VISTA vol- In order to be healthy, children need access tion, July 25, 2007; American Diabetes Asso- to comprehensive health care. For this reason, ciation, July 26, 2007; American Federation unteer with the Washoe County Senior Law I joined several of my colleagues to send a of Teachers, July 25, 2007; American Gastro- Project, and he served as the volunteer chair- letter to Chairman DINGELL urging him to in- enterological Association, July 25, 2007; man of the state sanctioned Renter’s Hotline. clude a dental benefit in SCHIP. I strongly American Hospital Association, July 26, 2007; Brent also worked with the National Associa- support that under this legislation, children en- American Psychological Association, July tion for the Mentally Ill of Northern Nevada rolled in SCHIP will receive a guaranteed den- 25, 2007; along with his son, Joe. He spearheaded the American Society of Cataract and Refrac- tal benefit. effort to establish Yori Park because of his tive Surgery, July 24, 2007; Child Welfare concerns for low income families not having a Further, because at least 1 in 5 American League of America, July 26, 2007; Children’s children and adolescents have a mental health Dental Health Project, July 25, 2007; Coali- safe place to play. Additionally, with the help disorder, it is critical that H.R. 3162 requires tion of Full Service Community Hospitals, of his son Bret, he helped to create a low in- parity for mental health coverage. July 25, 2007; Coalition to Preserve Rehabili- come, non-profit mobile home park in Not only does this legislation strengthen tation, July 26, 2007; Disability Policy Col- Lockwood. health care for our kids, it also helps our na- laboration, July 26, 2007; Easter Seals, July Brent’s lifelong commitment to the business tion’s seniors. The CHAMP Act preserves sen- 26, 2007; Families USA, July 25, 2007; Federa- and volunteer communities in Nevada serves tion of American Hospitals, July 25, 2007; iors’ access to physicians by preventing a First Focus, July 26, 2007; Friends of NQF, as an inspiration to us all. Madam Speaker, I scheduled 10 percent payment cut from going July 25, 2007; Generic Pharmaceutical Asso- am proud to honor Brent Eugene Tyler for a into affect, and actually increasing payments ciation, July 25, 2007; HIV Medicaid/Medicare lifetime of public service. The legacy he leaves to Medicare physicians by 0.5 percent for the Working Group, July 25, 2007; National Alli- behind will long be remembered by his com- next 2 years. ance on Mental Illness, July 25, 2007; Na- munity.

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.056 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1837 TRIBUTE TO JASMINE CLARK America. I feel certain his many friends and Strategy to incorporate energy consideration in family, while mourning the loss of this coura- all Air Force operations. Dr. Sega instituted HON. LYNN A. WESTMORELAND geous man, are also taking this opportunity to best business practices in defense space ac- OF GEORGIA remember his many accomplishments and to quisition, championed advances in the science IN THE HOUSE OF REPRESENTATIVES recall the fine gift they each received simply and technology workforce, and tirelessly sup- from knowing him and having him as an inte- ported the Nation’s men and women in uni- Friday, September 7, 2007 gral part of their lives. I urge my colleagues to form. Mr. WESTMORELAND. Madam Speaker, I take a moment and pay tribute to James Dr. Sega is an extraordinary leader, patriot, rise today to honor a champion athlete from Drake and his selfless devotion to our country and intellectual whose distinctive accomplish- Georgia’s 3rd Congressional District. and the freedom we enjoy. ments reflect great credit upon himself and the Jasmine Clark, a 9-year-old from Tyrone, Make no mistake; James Drake was a true Department of Defense. I am particularly took her taekwondo skills to the 2007 Junior American hero. pleased that he will return to Colorado to Olympics in July and came home with a gold f share his skills and experience as vice presi- medal. Jasmine’s victory earns her the title of TRIBUTE TO DR. RONALD M. SEGA dent at the Colorado State University Re- national champion for female blue belts in her search Foundation and as a professor of sys- age range. tems engineering at Colorado State University. Jasmine began competing in taekwondo just HON. MARK UDALL I hope my colleagues will join me not only three years ago but quickly proved to be a OF COLORADO in recognizing the past accomplishments of natural. Nevertheless, she entered the Junior IN THE HOUSE OF REPRESENTATIVES Dr. Sega but also in wishing him all the best Olympics as an underdog, and with grit and Friday, September 7, 2007 in his future pursuits. determination took the gold in the elite open Mr. UDALL of Colorado. Madam Speaker, I division and then the world class division. f Every champion, of course, has a sup- rise today to acknowledge the retirement of porting cast that plays an important role in any Dr. Ronald Sega, Under Secretary of the Air IN MEMORY OF DONOVAN WITHAM victory. For Jasmine, those supporters include Force, and to recognize him for his distin- her parents, Louis and Yongmi Clark, and her guished public service as Director of Defense coach at Tiger Martial Arts in Fayetteville, Research and Engineering, Office of the HON. MIKE ROSS Ehud Kojak. These mentors rightfully bask in Under Secretary of Defense for Acquisition, OF ARKANSAS Technology, and Logistics, from August 2001 Jasmine’s reflected glory. IN THE HOUSE OF REPRESENTATIVES I join Jasmine’s peers and teachers at Rob- to July 2005; and as Under Secretary of the ert J. Burch Elementary School and the peo- Air Force, from August 2005 to August 2007. Friday, September 7, 2007 As the Chief Technology Officer for the De- ple of Fayette County in stating our pride in Mr. ROSS. Madam Speaker, I rise today to partment of Defense, Dr. Sega interacted with Jasmine’s gold medal victory in taekwondo at honor Specialist Donovan D. Witham of Mal- the Executive Branch, Congress, industry, the Junior Olympics. I hope and trust that this vern, Arkansas, who died on August 20, 2007, academia, and other Federal agencies to de- is merely the opening of an outstanding ath- fighting for our country in Iraq while supporting velop strategies and support plans to align sci- letic career for Jasmine Clark. I congratulate Operation Iraqi Freedom. He was 20 years old entific research and engineering development her and wish her the best in all her future en- when he selflessly gave his life for his country with Department goals and objectives to en- deavors in the sport. during combat operations. sure U.S. military technological superiority. f Following the September 11, 2001, terrorist at- Specialist Witham graduated from Glen IN HONOR OF JAMES F. DRAKE tacks on the Nation, he established the De- Rose High School in 2005 where he was ac- partment of Defense Combating Terrorism tive in athletics and numerous extracurricular Technology Task Force to spearhead the activities as a student. As a member of the HON. JO BONNER student council, drama club and choir, as well OF ALABAMA rapid development and fielding of defense ca- pabilities critical to the successful execution of as the football and track teams, he was a nat- IN THE HOUSE OF REPRESENTATIVES military operations in support of the global war ural leader who demonstrated hard work and Friday, September 7, 2007 on terrorism. Dr. Sega established Department teamwork both in the classroom and on the Mr. BONNER. Madam Speaker, I rise today of Defense technology focus areas on energy field. Before joining the Army, he continued to to pay tribute to one of Mobile’s finest sons, and power technology, surveillance and knowl- give back to his community and state by work- James F. Drake, a survivor of the Bataan edge systems, and in the National Aerospace ing at the Ouachita River Correctional Unit. He Death March, who spent 42 months as a pris- Initiative to guide investment and capitalize on was also an avid sportsman who enjoyed oner of the Japanese during World War II. emerging technological opportunities. Dr. hunting and fishing at every opportunity. In April 1942, James Drake was a young Sega’s tireless efforts and diplomacy signifi- Specialist Witham joined the Army in No- mess sergeant with the Army Air Corps’ 27th cantly advanced Defense Department inter- vember 2005, and his proud service will con- Bomb Group when he was captured along national engagement and cooperation. tinue to live on and serve as an inspiration to with the nearly 75,000 Filipino and American As the Under Secretary of the Air Force, Dr. the many soldiers who knew him and fought soldiers by the Japanese. The captives were Sega oversaw, on behalf of the Secretary of alongside him in combat. He was a military forced to march to a prison camp more than the Air Force, the recruiting, training, and police officer with the 1st Squadron, 73rd Cav- 60 miles away without food or water. Thou- equipping of approximately 690,000 airmen alry Regiment, 2nd Brigade Combat Team, in sands of the prisoners died during the week- and a budget of approximately $110 billion the 82nd Airborne Division. His bravery and long march that became known as the Bataan committed to the effective integration of air, courage as a military police officer and as a Death March. During the 42 months Mr. Drake space, and cyberspace capabilities in support paratrooper were exemplified by his numerous was held prisoner at Camp O’Donnell, he sur- of the Nation’s defense. As the designated awards and military decorations, including the vived on small helpings of rice. Upon his re- Department of Defense Executive Agent for Bronze Star Medal and the Purple Heart lease, he weighed a mere 89 pounds. Space, Dr. Sega developed, coordinated, and Medal. In the 65 years that followed, Mr. Drake integrated plans and programs across the na- Specialist Donovan Witham gave his life to dedicated his life to caring for others. Due to tional security space enterprise instituting a serve our country and he will forever be re- the injuries he received as a prisoner of war, back-to-basics approach to space acquisition membered as a leader, a hero, a son, a broth- Mr. Drake had to have one of his legs ampu- which redistributed risk from system procure- er and a friend. My deepest condolences go tated; however, he was known for driving fel- ment to early-stage science and technology out to his mother, Martha Launius, and his low veterans to VA facilities for medical treat- activities. He also established the Operation- stepfather, Richard Launius of Malvern; and ment in Biloxi, Montgomery, and Pensacola. ally Responsive Space Office to launch, acti- his three sisters, Amber Sharp of Magnolia, Mr. Drake was inducted into the Alabama vate, and employ low-cost satellites to provide Jamie Witham of Benton and Virginia Bennett Military Hall of Honor in 2000 and named a surge capability, to reconstitute or augment of Magnolia. He will be missed by his family, Mobile Veteran of the Year in 2005. He truly existing constellation, or to provide timely his community, his country and all those who was the embodiment of service to country. availability of tailored or new capabilities. As knew him. I will continue to keep Specialist Madam Speaker, the life and actions of the Air Force Senior Executive for Energy, he Donovan Witham’s family in my deepest James Drake personified the very best of led the development of the Air Force Energy thoughts and prayers.

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.060 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1838 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 PAYING TRIBUTE TO RICHARD Street in Plant City and was a 2000 graduate preciated his friendship and that of his wife BUNKER of Durant High School in eastern Hillsborough Karen. My wife and I both enjoyed their com- County. pany as we traveled together to NATO meet- HON. JON C. PORTER Cory enjoyed life, seeing the world, making ings to represent the U.S. Karen and PAUL OF NEVADA others smile and his mother, Wrenita’s, home were particularly proud of their children, and IN THE HOUSE OF REPRESENTATIVES cooking. Most importantly, he was a beloved often told us about their development and husband, son and father, who cherished prowess. Friday, September 7, 2007 spending time with his family. We will all miss PAUL, and express our con- Mr. PORTER. Madam Speaker, I rise today Recently promoted to Sergeant, Cory dolences to Karen and the children. He made to honor Richard Bunker. Mr. Bunker has earned a great deal of recognition for his serv- an important mark on the history of our Nation served the Colorado River Commission for ice. Among his many awards and honors are and the world. Our country is the better for his fourteen years, and has served as Chairman the Bronze Star Medal, Purple Heart, Army participation in the Congress and the NATO for ten years. Commendation Medal, 2 Army Good Conduct Parliamentary Assembly. During his time at the Colorado River Com- Medals, National Defense Service Medal, Af- mission, Mr. Bunker served Nevada’s interests ghanistan Campaign Medal, Iraq Campaign May God bless Karen, the children and all on a negotiating team with six other represent- Medal, Global War on Terrorism Service PAUL’s relatives, and give them comfort and atives from Colorado River Basin states and Medal, NATO Medal and Combat Action and strength during this time of sorrow. the Bureau of Reclamation, in order to estab- Weapons Qualification Badges. lish programs allowing interstate banking in Madam Speaker, my heart aches for Cory’s f the Lower Colorado River Basin. His innova- family. He is survived by his wife, Monica, and HONORING LEWIS J. BAZAKOS tive work has allowed the state of Nevada to his four children, Malik Mitchell, 6; twins Cory take a more aggressive role in the procure- Jr. and Quinton, both 3; and Kar-Yahna, 9 ment of electrical power. In 1996, the Com- months. May God bless the Clark family and HON. PETER T. KING mission partnered with the Southern Nevada continue to watch over the country that Sgt. Water Authority to build the Newport Sub- Clark so loved. We shall never forget him. OF NEW YORK station which provides electrical power for the f IN THE HOUSE OF REPRESENTATIVES regional water system. The time and energy Friday, September 7, 2007 that Mr. Bunker has given to the Colorado EXPRESSING THE CONDOLENCES OF THE HOUSE OF REPRESENTA- River Commission is admirable. Mr. KING of New York. Madam Speaker, TIVES ON THE DEATH OF THE Richard Bunker’s achievements extend be- today I rise to honor Lewis J. Bazakos, a con- HONORABLE PAUL E. GILLMOR, yond that of Chairman of the Colorado River stituent of mine and the outgoing chairman of A REPRESENTATIVE OF THE Commission. Richard has received many pres- the American Chiropractic Association STATE OF OHIO tigious awards such as the Lifetime Achieve- (ACA)—the Nation’s largest professional asso- ment Award from the Nevada Gaming Attor- SPEECH OF ciation for doctors of chiropractic medicine. neys and the Clark County Bar Association in Dr. Bazakos, a 1978 graduate of the New recognition of his contributions to the gaming HON. VERNON J. EHLERS York Chiropractic College has practiced industry as a gaming regulator, chief executive OF MICHIGAN chiropractics for more than 25 years. He was of gaming resorts, and president of the na- IN THE HOUSE OF REPRESENTATIVES elected chairman of the Board of Governors tion’s leading gaming industry association. He Wednesday, September 5, 2007 during the ACA’s 43rd Annual Business Meet- was also the recipient of the National Jewish ing on September 22, 2005. In addition, Dr. Medical and Research Center’s Humanitarian Mr. EHLERS. Mr. Speaker, I rise today to pay tribute to my good friend, Representative Bazakos serves as chairman of the New York Award in recognition of his work to foster Chiropractic College Board of Trustees. human welfare and champion social reform. PAUL GILLMOR. I learned of his sudden pass- Madam Speaker, I am proud to honor Rich- ing on Wednesday, and my wife and I are Dr. Bazakos has been elected or appointed ard Bunker. His service to Nevada in his years greatly saddened by this news. I offer my to numerous leadership positions within the with the Colorado River Commission, as well prayers of support to his wife Karen and their chiropractic profession. Prior to his election as as his work with other organizations is some- two daughters, Linda and Julie and their three chairman, Dr. Bazakos served on the ACA thing to be admired and commended. I wish sons, Paul Michael and twins Connor and Board of Governors since 2000 and on its ex- him well in his retirement and heartily thank Adam. ecutive committee since 2003. In addition, Dr. him for his service to Nevada. I take great pride in knowing such an honor- Bazakos has served as the ACA’s New York- able gentleman who humbly served his coun- Metro Delegate and was chairman of the Fi- f try and constituents. PAUL began his life of nance Committee. HONORING SERGEANT CORY public service as a Judge Advocate in the Air On the state level, Dr. Bazakos has a long- LUTTREL CLARK, SR. Force during the Vietnam Conflict from 1965– time affiliation with the New York State Chiro- 1966. He continued his service as a State practic Association (NYSCA). He is past presi- HON. GUS M. BILIRAKIS Senator for twenty-two years and was Presi- dent of the NYSCA and served as its legisla- OF FLORIDA dent of the Ohio Senate for three General As- tive chairman for 15 years. semblies. Ever since he was first elected to IN THE HOUSE OF REPRESENTATIVES Throughout his career, Dr. Bazakos has Congress in 1988, he has honorably rep- been recognized for his commitment and serv- Friday, September 7, 2007 resented his constituents in the most ethical ice to the chiropractic profession. In 1991, he Mr. BILIRAKIS. Madam Speaker, I rise manner. He was reelected to each subsequent was named as Chiropractor of the Year by the today to honor Sergeant Cory L. Clark, Sr., of Congress by substantial margins, indicating NYSCA and also received the NYSCA’s pres- Plant City, FL, who was killed in Afghanistan the trust and confidence his constituents tigious ‘‘Ernest G. Napolitano Award,’’ an on August 28, 2007, in support of Operation placed in him. He served them well and dili- honor presented to a doctor in recognition of Enduring Freedom. gently. his selfless contributions to the NYSCA and Assigned to the 585th Pipeline Company, Representative GILLMOR and I were both the chiropractic profession. 864th Engineer Combat Battalion, stationed in long-time congressional representatives to the Fort Lewis, WA, Sgt. Clark was an Army engi- NATO Parliamentary Assembly. PAUL was par- In addition to his doctor of chiropractics de- neer who was rebuilding roads and bridges in ticularly active in this organization and served gree, Dr. Bazakos holds a master’s degree in war-torn Afghanistan when he was fatally several years as Chair of the important Eco- clinical nutrition from the University of Bridge- wounded by an improvised explosive device nomic Committee, and most recently has been port. Currently, he is involved in clinical private while his unit crossed a bridge in Jaji, Afghani- serving as the Vice Chair of the entire Assem- practice at Nassau County Pain Management stan. bly. In all Assembly activities, Representative & Rehabilitation and Medical Offices located in I did not have the privilege of knowing Sgt. GILLMOR conscientiously and honorably rep- Valley Stream, NY. Clark personally, but by all accounts he was a resented the interests of the United States. Madam Speaker, I am proud to have Dr. courageous young man who was devoted to Above all, PAUL was a good friend, con- Bazakos as a constituent and even prouder of his country and family. Prior to joining the fidante, and advisor to me. He was a fountain his more than 25 years of service to patients Army in April 2001, Cory grew up on Jenkins of wisdom and sage advice, and I deeply ap- throughout the Empire State.

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\K07SE8.004 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1839 HOMEOWNERS INSURANCE school, Dr. Szypko completed an internship in admirable leader Daisaku Ikeda on the 50th internal medicine at Georgetown University anniversary of Soka Gakkai International. As HON. GINNY BROWN-WAITE Hospital in Washington, DC, and served her president, Mr. Ikeda is an exemplary humani- OF FLORIDA residency at North Carolina Baptist Hospital in tarian committed to developing a peaceful IN THE HOUSE OF REPRESENTATIVES Winston-Salem. world. While Dr. Szypko will be stepping down as As a young man, Mr. Ikeda was a disciple Friday, September 7, 2007 chair of the College of American Pathologists’ of Josei Toda, founder of Soka Gakkai Inter- Ms. GINNY BROWN-WAITE of Florida. Federal and State Committee, I know that she national, of which 5,000 members reside in Madam Speaker, on September 6 the Finan- will be a strong voice for promoting quality Dallas, TX. During this time, he adopted the cial Services Subcommittees held a hearing health care excellence in her profession. mission to embrace the movement of human on a proposal to help Florida homeowners Please join me in recognizing this outstanding revolution based on daily efforts to transform with their skyrocketing insurance costs. I am physician for her advocacy and commitment to their individual lives from within through a con- very troubled by the Administration’s testimony the patients she serves. sistent and essential aspect of the historical and comments during that hearing. f challenge of nuclear disarmament, abolition The Administration alluded that homeowners and peace. are not paying enough for their premiums. The PAYING TRIBUTE TO ROGER Mr. Ikeda is a prolific writer, poet, peace ac- Administration claims that the insurance mar- BRYAN tivist, pianist, environmentalist, photographer ket is ‘‘active and effective.’’ and interpreter of Nichiren Buddhism. In 1983, Furthermore, the Administration’s bipartisan HON. JON C. PORTER Mr. Ikeda proposed his first peace proposal in opposition to any proposal by my colleagues OF NEVADA response to challenges of our global society or me to help homeowners along the Gulf IN THE HOUSE OF REPRESENTATIVES grounded in his Buddhist perspective. This proposal is submitted each year to the United Coast is a position we cannot accept. Friday, September 7, 2007 Madam Speaker, I am troubled that the Ad- Nations. ministration continues to take a ‘‘let them eat Mr. PORTER. Madam Speaker, I rise today As president of Soka Gakkai International, cake’’ attitude while families and seniors are to honor Roger Bryan. Mr. Bryan served the Mr. Ikeda has founded several institutions, being forced from their homes, simply be- Clark County School District as an educator such as Soka schools, the Min-On Concert cause they cannot afford property insurance. I and administrator for over 35 years, and this Association, the Tokyo Fuji Art Museum, the hope the Administration takes notice of this year he will be celebrating the 10th anniver- Institute of Oriental Science and the Toda In- problem soon, and begins to work with my col- sary of an elementary school being named in stitute for Global Peace and Policy Research leagues and me to bring some relief to our his honor. to promote educational, cultural, and artistic constituents. Roger Bryan began his career as an educa- activities and to conduct exchanges with like f tor before the age of 20. After only five years groups and institutions on a global scale. of teaching Roger was offered a principal posi- He has also initiated a wide range of grass- RECOGNIZING THE ACHIEVEMENTS tion. In his 25 years in that capacity, he had roots exchange programs and delivered OF PAULA SZYPKO, M.D., FCAP the honor of opening three new schools and speeches at a number of institutions of higher positively influencing innumerable young learning around the world, including Harvard HON. VIRGINIA FOXX minds. He is an outstanding educator whose University, the Institut de France and Beijing OF NORTH CAROLINA commitment to our community has made a University. IN THE HOUSE OF REPRESENTATIVES profound difference to the students of Clark On behalf of the 30th Congressional District County. Roger was considered to be a Friday, September 7, 2007 of Texas, I am honored to commend the life ‘‘hands-on’’ administrator. It was not uncom- of an astounding man, Daisaku Ikeda and Ms. FOXX. Madam Speaker, I rise today to mon for him to stop by classes in order to congratulate him on the 50th anniversary of pay tribute to a fine doctor from North Caro- teach a lesson in math or reading. Later on in Soka Gakkai International. lina, my friend Dr. Paula Szypko of High Point. his career, Roger went on to serve the Clark f Her commitment to advocating for quality care County School District as a school facilitator for her patients is truly admirable. and as a member of the Elementary Division REMEMBERING THE LIFE OF Dr. Szypko will be stepping down at the end Administrative Team. In Roger’s 35 years as a KENNETH PRUITT, JR. of this month as chair of the Federal and State teacher, principal, and central office adminis- Affairs Committee of the College of American trator, he never used a single sick day. Rog- HON. C. W. BILL YOUNG Pathologists. Pathologists are physicians who er’s commitment to education throughout his OF FLORIDA help care for patients every day by providing career is admirable. IN THE HOUSE OF REPRESENTATIVES doctors with the information they need to en- Roger has not only served the Clark County Friday, September 7, 2007 sure appropriate patient care. School District, but he has also managed to As a pathologist specializing in anatomic coach basketball and be actively involved in Mr. YOUNG of Florida. Madam Speaker, and clinical pathology at the North State Pa- the Boy Scouts of America. He has coached Kenneth P. Pruitt, Jr. was known to his family thology Associates in High Point, she has school and community basketball teams, many and friends as ‘‘KP.’’ he had great wit, a sharp been a leading advocate for early cancer of which have gone to state and national intellect, and demonstrated a sincere kindness screening tests, especially Pap tests. No championships. Being an Eagle Scout himself, to everyone who came across his path. That screening test in medical history has been as Roger has continued to be involved in the or- life was cut too short when Kenneth died on effective for early detection of cervical cancer ganization by serving as a member of the August 15, 2007, in Tallahassee, Florida, at in women as the Pap examination. Council Training Team and as an Explorer the young age of 29. As a member of the American College of Unit leader. Kenneth was the son of our Florida Senate Pathologists’ Spokesperson Network, she has Madam Speaker, I am proud to honor Roger President Ken Pruitt and Dianne Peters of made numerous television appearances to ad- Bryan. His commitment to education as well Tampa. vance this cause. For her effort she was as his involvement in the community should Kenneth had an exceptional capacity for un- awarded the CAP William H. Kuehin, Ph.D., serve as an example to us all. I applaud his derstanding computer systems and software Outstanding Communicator Award in 1999. dedication and wish him the best. from a very young age. He used this talent in Her commitment to patient access to quality f the marketplace and in the public sector. Ken- health care led her to meet with President neth served as a network administrator at the George Bush in 2002, along with former TRIBUTE TO DAISAKU IKEDA State of Florida’s Department of Revenue Health and Human Services Secretary Tommy where he worked in the Child Support En- Thompson, at the High Point Regional Health HON. EDDIE BERNICE JOHNSON forcement Division. At the time of his death, System in High Point, NC, to discuss her con- OF TEXAS Kenneth was working in the Information Tech- cerns about the rising cost of medical liability IN THE HOUSE OF REPRESENTATIVES nology department at Tallahassee HealthCare. insurance. He was also rich in friends and family. He Dr. Szypko received her medical degree Friday, September 7, 2007 is survived by his daughter Chloe, age four, from the Wake Forest University School of Ms. EDDIE BERNICE JOHNSON of Texas. step-mother Aileen Pruitt of Port St. Lucie; sib- Medicine in Winston-Salem. Following medical Madam Speaker, I rise today to commend an lings Steven, Mark, Ashley, and Michelle;

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.067 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1840 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 step-father Ron Peters of Tampa; and sister I commend each of the cadets for their serv- TAIWAN Samantha. He is also survived by his grand- ice in this important program, as well as the parents Jeannette Dufresne of New Port volunteers who keep this program going, es- HON. MARIO DIAZ-BALART Richey, Robert and Fay Pruitt of Inverness, pecially Commanding Officer LTJG Heath Col- OF FLORIDA and many other friends and family members. lins and Executive Officer R. Scott Lunsford. I IN THE HOUSE OF REPRESENTATIVES In honor of his memory, the Indian River ask each of my colleagues to join me in con- Friday, September 7, 2007 Community College established the ‘‘Kenneth gratulating the cadets and volunteers of the P. Pruitt, Jr. Scholarship’’ in order to provide U.S. Naval Sea Cadets in Asheville and Mr. MARIO DIAZ-BALART of Florida. assistance to students wishing to follow in throughout the United States. Madam Speaker, I rise today to express my Kenneth’s footsteps and make a career in the disappointment with the United Nation’s rejec- tion of Taiwan’s membership bid. More than field of computer technology. In this way, the f spirit of this bright and talented young man will 14 times, the U.N. has denied Taiwan’s appli- carry on to inspire others. PAYING TRIBUTE TO CHRISTINE C. cation. It is unclear to me why this sovereign f SCHULZE state, with a democratically elected govern- ment, should be refused entry into the inter- PERSONAL EXPLANATION national institution of the United Nations. I HON. JON C. PORTER have heard the argument that granting Taiwan HON. JOHN SULLIVAN U.N. membership would upset the status quo OF OKLAHOMA OF NEVADA Taiwan has with China. But, Madam Speaker, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES such arguments are weak. I suspect the real reason for the denial of Taiwan’s recognition Friday, September 7, 2007 Friday, September 7, 2007 in the U.N. is the U.N.’s fear of upsetting the Mr. SULLIVAN. Madam Speaker, I rise to status quo the U.N. has with China’s com- state for the RECORD that I intended to vote Mr. PORTER. Madam Speaker, I rise today munist regime. It is outrageous to deny Tai- ‘‘aye’’ on rollcall vote 859 taken on September to honor the life of Christine C. Schulze who wan’s 23 million citizens representation in 6, 2007 supporting passage of H.R. 2786, the passed away on July 19, 2007. what should be a fair international organiza- Native American Housing Assistance and Self- Christine was born May 14, 1915, in tion. I am dismayed by the U.N.’s decision Determination Reauthorization Act. Ladysmith, Wisconsin. She was educated in Madam Speaker, but frankly, I am not sur- f southern Wisconsin and was employed by the prised by it. It is obvious to me that the prob- lem does not lie with Taiwan; rather, it lies HONORING THE ASHEVILLE U.S. Navel Training Station in Waukegan, Illi- with an incompetent, corrupt, and dictator-ap- DIVISION U.S. NAVAL SEA CADETS nois during World War II. After the war she worked for Needham, Louis and Brorby Adver- peasing U.N. HON. HEATH SHULER tising Agency in Chicago. Christine then f owned and operated a ladies’ dress shop in PROTECT AMERICA ACT OF 2007 OF NORTH CAROLINA Burbank, California before retiring with her IN THE HOUSE OF REPRESENTATIVES husband, Werner in 1979 to Las Vegas, Ne- SPEECH OF Friday, September 7, 2007 vada. HON. DENNIS MOORE Mr. SHULER. Madam Speaker, I rise today In addition to her professional endeavors, OF KANSAS to recognize the hard work and dedication of Christine also became interested in aviation. IN THE HOUSE OF REPRESENTATIVES the cadets and volunteers of the Asheville Di- This interest evolved into a philanthropic Saturday, August 4, 2007 vision U.S. Naval Sea Cadets. The U.S. Naval project which provided an educational scholar- Sea Cadet Corps program is a federally char- ship fund for students pursuing careers in Mr. MOORE of Kansas. Mr. Speaker, I rise tered youth training organization for students aviation. In 2002, she established a scholar- today to express my disappointment regarding ages eleven to seventeen that is designed to ship fund for Rancho High School’s Aviation the House of Representatives’ approval of S. educate young people about service in the Academy. Since its inception, the scholarship 1927, legislation greatly expanding the Bush Navy and Coast Guard both ashore and has provided over 500 student pilots with Administration’s eavesdropping authority be- afloat. funding. In recognition of her philanthropic yond even what Administration officials re- The Asheville Division provides the young support to the students at Rancho High quested. I urge the House Judiciary Com- people of Western North Carolina with unpar- mittee to promptly consider and report im- School, the school dedicated the Christine C. alleled opportunities to learn new skills and proved legislation that will provide the nec- Schulze Aerospace Laboratory in her honor experience new challenges in a safe, alcohol essary surveillance authority our intelligence because of her generous donations to aviation and drug free environment. Some Cadets services need to protect our nation, while pro- and flight scholarships. choose to continue to serve their country tecting our citizens’ most basic expectation of through military service, while many others go In a personal capacity, Christine was ex- privacy and fundamental civil liberties that are on to pursue civilian careers. Regardless of tremely active and dedicated to her commu- guaranteed by our constitution. Specifically, their future path, cadets benefit from the les- nity. She was a member of the Eastern Star, the Fourth Amendment to the U.S. Constitu- sons learned in the program—good citizen- President of the Zonta Club, President of the tion states plainly: ‘‘The right of the people to ship, self-discipline, a sense of responsibility, Board of Retired Senior Volunteer Program, be secure in their persons, houses, papers, and leadership skills. and established the Senior Auxiliary Board of and effects, against unreasonable searches I would also like to take this opportunity to the Retired Senior Volunteers of Henderson. and seizures, shall not be violated, and no congratulate Katelyn Kassel for reaching the She was active in the Republican Women of Warrants shall issue, but upon probable rank of Chief Petty Officer, the highest rank a Henderson, Eta Chapter of Beta Sigma Phi, cause, supported by Oath or affirmation, and cadet can achieve while participating in the and Safe House of Henderson, to which she particularly describing the place to be U.S. Naval Sea Cadet Corps Program. CPO donated the first beds and linens for the facil- searched, and the persons or things to be Kassel is the first in the history of the Ashe- ity. She also donated her time and efforts to seized.’’ ville Division to reach this honor. She is cur- St. Jude’s Ranch for Children, in Boulder City, I have been a longstanding supporter of ef- rently enrolled at the University of North Caro- Nevada. Christine was a long-time Episcopa- forts to provide our intelligence and law en- lina at Charlotte where she is participating in lian and was a member of Christ Episcopal forcement agencies with all the necessary the Army ROTC program and studying as a Church in Las Vegas and was influential in the tools they need to monitor potential agents pre-law student. with terrorist intentions against the United development of the Christ Church Endowment I am extremely proud of CPO Kassel for her States. Following the awful terrorist attacks of Fund. hard work and dedication to this program. She September 11, 2001, on our country, I joined was a wonderful asset to the program at her Madam Speaker, I am proud to honor the 356 of my House colleagues to vote for the high school and serves as an excellent role life and legacy of Christine C. Schulze. Her USA PATRIOT Act of 2001 (P.L. 107–56). The model to other students. I have no doubt that dedication to the community and philanthropic legislation gave federal officials greater author- CPO Kassel will serve our country well in the devotion to students should serve as an ex- ity to track and intercept communications, both U.S. military. ample to us all. I applaud all her efforts. for law enforcement and foreign intelligence

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.071 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1841 gathering purposes. Among other additional conference committee to resolve their dif- gency situations’’ to seven days, from the cur- provisions, the law also created new crimes, ferences; In December 2005, a new agree- rent three-day limit. new penalties, and new procedural efficiencies ment was reached in conference proposing 4- The FISA law then contained certain excep- for use against domestic and international ter- year expiration dates for the two provisions in- tions for intelligence operations on U.S. soil— rorists. volving the government’s ability to use roving it permitted the president to authorize the Jus- The law contained, however, provisions that wiretaps and the government’s access to busi- tice Department to conduct electronic surveil- allowed for enhanced surveillance procedures ness and library records, as well as a 4-year lance or physical searches without approval by that many citizens were concerned restricted sunset to a provision in the 2004 intelligence the FISA court to gather foreign intelligence civil liberties. I subsequently supported several overhaul law (P.L. 108–458) that allows law for up to 15 days after Congress enacted a amendments to various appropriations meas- enforcement to seek warrants against ‘‘lone declaration of war. In addition, it allowed the ures that would have improved civil liberties wolf’’ terrorists not connected to foreign pow- federal government to conduct electronic sur- protections, namely: (1) Rep. BERNIE SANDERS’ ers. On December 14, 2005, the House veillance without the court’s approval in amendment to fiscal year 2006 Science, State, agreed to the conference report by a vote of ‘‘emergency situations,’’ provided that the gov- Justice and Commerce Appropriations Act 251–174. I voted for the final version of the ernment seeks approval from the FISA court which would have exempted libraries and legislation because I was satisfied with the within three days of initiating emergency sur- bookstores from section 215 of the PATRIOT shorter expirations on some of the more con- veillance. Act while increasing congressional oversight; tentious provisions and I was concerned about The Electronic Surveillance Modernization and (2) Rep. Butch Otter’s amendment to a the possible effect on our national security if Act, however, represented a significant depar- fiscal year 2004 appropriations measure that these provisions of the PATRIOT Act were al- ture from the protections put in place under would have prevented the use off section 213 lowed to expire. FISA in 1978. Nowhere in the Foreign Intel- of the PATRIOT Act that extended so-called After being approved in the House, how- ligence Surveillance Act does it state that the ‘‘sneak and peek’’ authority to local police that ever, several members of the Senate re- president can bypass the process of seeking previously was made available only to foreign mained concerned about the government’s a court order to spy on American citizens intelligence investigators. Previously, police ability to acquire records and obtain adminis- through an executive order. I was concerned had to ‘‘knock and announce’’ their intention of trative search warrants. Several Senators later that this legislation was a political attempt to searching before executing any warrant. Even announced an agreement they had reached retroactively justify the President breaking the though the Sanders amendment passed the with the White House, to make three changes law. I fully believe that if the President fol- House by a vote of 238–187, and the Otter to the previously agreed-to conference report lowed the law and approached the FISA court amendment passed by a vote of 309–118, relating to the government seizure of records. and Congress for approval of such programs, they both were unfortunately pulled from their Specifically, these changes: (1) Allow recipi- that Congress and the FISA court would gladly respective appropriations measures before ents of a business records request to chal- give the President the powers he needs to they were signed into law by the President. lenge a gag order, although to overturn it they combat terrorism. For these reasons, I voted Several sections of the PATRIOT Act were would have to wait one year and prove the against H.R. 5825 when it was brought to the set to expire on December 31, 2005, unless government acted in ‘‘bad faith’’; (2) remove a House floor for a vote on September 28, 2006. they were extended. These ‘‘sunset provi- requirement that recipients of national security This legislation was approved in the House by sions’’ included wiretapping privileges, sharing letters, which do not require court approval, a vote of 232–191, but did not receive a vote wiretap and foreign intelligence information, disclose the name of any attorney they consult in the Senate, effectively killing the legislation FISA authority and jurisdiction, voicemail war- or intend to consult; and (3) clarify language in in the last Congress. rants, and various other powers. On July 21, the 2001 law to ensure that libraries operating Attorney General Alberto Gonzales an- 2005, the House approved H.R. 3199 by a in traditional roles and not as Internet service nounced on January 17, 2007, that the FISA vote of 257–171. This legislation would have providers would not be subject to national se- court authorized and issued orders on January made permanent 14 of the 16 provisions that curity letters. The House later agreed to these 10, 2007, granting wiretaps that the Adminis- were set to expire in 2005. The remaining two amendments by a vote of 280–138, which I tration requested. Subsequently, the Justice provisions, involving the government’s ability supported. On March 9, 2006, President Bush Department has shared those classified docu- to use roving wiretaps and the government’s signed the final version of H.R. 3199 (P.L. ments with the House and Senate Intelligence access to business and library records, were 109–177) and the S. 2271 amendments (P.L. Committees, as well as the Chairmen and assigned 10-year sunsets, at which point they 109–178) into law. Ranking Members of the House and Senate will either be renewed or will expire. While the In order to effectively fight the war on terror Judiciary Committees. majority of the sections remained unchanged, we need intelligence, but this intelligence The U.S. Department of Justice’s Office of during consideration of this legislation, the should be gathered in a legal manner and the Inspector General released a 126-page House adopted a few measures that would consistent with our constitution. Traditionally, audit report on March 9, 2007, entitled ‘‘A Re- help protect government abuses of civil lib- the NSA’s intelligence-gathering role has been view of the Federal Bureau of Investigation’s erties. Among these were amendments that limited to intercepting international commu- Use of National Security Letters.’’ In this re- would require the Director of the FBI to per- nications as part of the government’s foreign port, it was revealed that FBI agents were sonally review any and all requests for library spying activities. Under the 1978 Foreign Intel- using national security letters to obtain per- or bookstore records under Section 215 of the ligence Surveillance Act (FISA, P.L. 95–511), sonal information such as phone, internet, and PATRIOT Act, as well as an amendment that the federal government is required to obtain a financial records of individuals without court would allow the recipient of a national security warrant to conduct domestic wiretaps, but the orders. The audit also found that 22 percent of letter (NSL) to consult with an attorney and NSA program disclosed by President Bush these letters were not recorded and of those challenge the issuance of the letter in court. I and his administration appears to have oper- that were recorded, some were issued without voted for both of these amendments. I voted ated outside the FISA law. proper authority. Senators ARLEN SPECTER against H.R. 3199, however, because I didn’t In the 109th Congress, Rep. HEATHER WIL- and PATRICK LEAHY have voiced concern over believe it was a good idea to make permanent SON introduced H.R. 5825, the Electronic Sur- the findings of this report. I am deeply troubled policy for the United States concerning our veillance Modernization Act. This legislation by this report and strongly believe vital intel- fundamental rights and freedoms during ex- would have given the President expanded au- ligence should be gathered in a manner that traordinary times of war. We must never allow thority to authorize electronic surveillance of is fully consistent with our laws and constitu- terrorists to alter the freedoms that define our communications by suspected terrorists with- tion. country and make us the greatest nation in the out first obtaining approval from the FISA The congressional leadership spent many world. court. Specifically, it allowed the President to months in 2007 negotiating a reauthorization On July 29, 2005, the Senate approved leg- authorize warrantless electronic surveillance of the FISA law with the Bush Administration islation that would also make permanent 14 of for up to 90 days in three circumstances—an and Admiral Michael McConnell, Director of the 16 provisions set to expire in 2005; how- armed attack against the United States, a ter- National Intelligence (DNI). Both Democrats ever, it would have placed 4-year sunsets on rorist attack against the United States, or if and Republicans agree that we need to up- the two remaining provisions and would have there is an ‘‘imminent threat’’ that is likely to date the FISA law to incorporate new tech- placed additional checks on government cause death or widespread harm. The meas- nologies, such as cell phones and e-mail, power that would help ensure the preservation ure also would have extended the amount of which did not exist when the original FISA law of our valuable civil liberties. These two pieces time intelligence agencies can conduct was written. Prior to the August District Work of legislation were sent to a House-Senate warrantless electronic surveillance in ‘‘emer- Period, the Bush Administration pressed the

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.075 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN E1842 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2007 congressional leadership to pass a short-term PAYING TRIBUTE TO FRED C. Dr. Moritsugu was born and raised in Hono- FISA update. During negotiations, Director ALBRECHT lulu, HI. He received his baccalaureate degree McConnell told the congressional leadership with honors in classical languages from the that he supported several technical changes HON. JON C. PORTER University of Hawaii in 1967, an M.D. from the that: (1) allowed foreign targets to be added a OF NEVADA George Washington University School of Med- ‘‘basket warrant’’ after the warrant was ap- IN THE HOUSE OF REPRESENTATIVES icine in 1971, and an M.P.H. in health admin- istration and planning from the University of proved; (2) expanded the draft bill to apply to Friday, September 7, 2007 ‘‘all foreign intelligence’’ from only intelligence California, Berkeley, in 1975. Having com- ‘‘relating to terrorism’’; and (3) eliminated the Mr. PORTER. Madam Speaker, I rise today pleted residencies in internal medicine and in requirement that the FISA court adjudicate to honor Fred C. Albrecht, who has honorably preventive medicine, Dr. Moritsugu is Board how recurring communications into the United served the University of Nevada, Las Vegas Certified in preventive medicine. He holds Fel- States from foreign targets would be handled. for 38 years. lowships in the American College of Preven- Following these improvements to the draft bill, In his 38 years of service AT UNLV Fred tive Medicine, the Royal Society of Health, the DNI told congressional leadership that with Albrecht spent 18 years in the athletics depart- and the Royal Society of Medicine. He is also these changes, he could support the bill be- ment as the assistant men’s basketball coach, a Certified Correctional Health Professional. cause it would ‘‘significantly enhance Amer- men’s tennis coach, Executive Director of Ath- Throughout his career, Admiral Moritsugu ica’s security.’’ I voted for the final version of letic Fundraising, and served as the interim has served in many diverse assignments in- this legislation, H.R. 3356, the Improving For- Athletic Director twice. He has also served as cluding: Medical Officer on the U.S. Coast eign Intelligence Surveillance to Defend the the Vice President for University and Commu- Guard cutter Taney; Chief of International nity Relations for the past ten years in con- Nation and the Constitution Act of 2007. Even Medical Education Programs; Director of the junction with serving as the Executive Director though a majority (218–207) voted in favor of National Health Service Corps; and Medical of Alumni Relations for 35 years. H.R. 3356, the bill did not pass as it was con- Director of the U.S. Department of Justice’s Since being hired in 1973 as the Univer- sidered under suspension of the rules (2/3 Federal Bureau of Prisons. Admiral Moritsugu sity’s first Alumni Director, Fred has made nu- vote to approve required). has been the Federal representative to numer- merous significant contributions to the UNLV ous national health care agencies and has The Senate passed a much different version community. As the alumni and government re- been consultant to several international orga- of FISA legislation, S. 1927, the Protect Amer- lations lobbyist he raised $3 million in 1989 to nizations and governments and served as the ica Act sponsored by Senators MITCH MCCON- build the 23,000 square foot Richard Tam official U.S. representative to the 75th anniver- NELL and KIT BOND. This legislation greatly ex- Alumni Center. He has also raised money to sary of the Pan American Health Board in Ha- ceeds what the Bush Administration requested build the Alumni Park at the Sam Boyd Foot- vana, Cuba. in legislation, providing a virtual blank check ball Stadium, and the Alumni Amphitheater on Dr. Moritsugu has received numerous hon- for intelligence agencies to eavesdrop, includ- campus. ors and awards, including the Surgeon Gen- ing on the conversations of U.S. citizens, with Madam Speaker, I am proud to honor Fred eral’s Medallion, the Army Achievement essentially no oversight by the FISA court or Albrecht for his many outstanding achieve- Medal, and the Coast Guard Arctic Service Congress. The legislation allows the U.S. At- ments and congratulate him and his wife, Medal, among many others. He was deemed torney General to decide when to eavesdrop Connie. His 38 year dedication to UNLV has an Honorary Deputy United States Marshal by on any e-mail message or phone call without been commendable, and he has greatly en- the U.S. Marshals Service, and received the a warrant, so long as one of the people com- riched the lives of countless people in the Director’s Special Achievement Award from municating is ‘‘reasonably believed’’ to be out- UNLV community. the Federal Bureau of Investigation. In 2003, side the country. That is a vague term that the f Rear Admiral Moritsugu was named Health Administration is allowed to interpret however Leader of the Year by the Commissioned Offi- PERSONAL EXPLANATION they want, greatly expanding its surveillance cers Association of the U.S. Public Health powers, while the legislation does not provide Service. He was awarded with the first William the courts with any real power to supervise HON. ROBERT E. ANDREWS B. Miller Award from the American Association this surveillance. Proponents of S. 1927 point OF NEW JERSEY of Colleges of Osteopathic Medicine, a recipi- out that the legislation has a six month sunset IN THE HOUSE OF REPRESENTATIVES ent of the John D. Chase Award from the As- and will expire in February 2009. This sunset Friday, September 7, 2007 sociation of Military Surgeons of the United is artificial, as the orders in effect in February Mr. ANDREWS. Madam Speaker, I was with States and a Special Achievement Award from 2009 could last for up to a year, essentially for my daughter on her first day of school and the National Commission on Correctional the remainder of the Bush Administration with was detained from voting on Thursday, Sep- Health Care. Admiral Moritsugu has received honorary no oversight. For these reasons, I voted tember 6, 2007. Had I been present I would doctor of science degrees from the University against S. 1927 when the House considered have voted ‘‘yea’’ on the following rollcall vote: of New England, Midwestern University of Chi- the measure on August 4, 2007. The House roll No. 859. approved the legislation by a vote of 227–183, Had I been present I would have voted cago, and the University of North Texas Col- and the President signed it into law on August ‘‘nay’’ on the following rollcall votes: roll No. lege of Osteopathic Medicine. In 1997, the 5, 2007 (P.L. 110–55). 856, roll No. 857, and roll No. 858. American Academy of Physician Assistants deemed him an honorary Lifetime Member; Speaker NANCY PELOSI wrote a letter to Ju- f additionally, in 2002, he has been granted diciary Chairman JOHN CONYERS and Select PAYING TRIBUTE TO RADM honorary doctorates of humane letters from Intelligence Chairman SILVESTRE REYES on KENNETH P. MORITSUGU Alliant International University and from West- August 4, 2007, urging that the House of Rep- ern University of Health Sciences. As an edu- resentatives should consider comprehensive cator, he is an adjunct professor at the FISA reauthorization legislation. I agree with HON. JON C. PORTER George Washington University School, and an her statement that: ‘‘Many provisions of this OF NEVADA adjunct associate professor at the Uniformed legislation are unacceptable, and although the IN THE HOUSE OF REPRESENTATIVES Services University of Health Sciences. He bill has a six-month sunset clause, I do not Friday, September 7, 2007 has spoken and written extensively in many believe the American people will want to wait Mr. PORTER. Madam Speaker, I rise today diverse areas, including health professions that long before corrective action is taken.’’ to honor RADM Kenneth P. Moritsugu, who education, international health, HIV, and most As a co-equal branch of government, it is has served as the Acting Surgeon General recently bioterrorism. necessary that Congress fully understand how since 2006, and congratulate him upon his re- In his official capacity, Admiral Moritsugu the Bush Administration executes intelligence tirement. Prior to this appointment, he served has been a dedicated advocate for organ and activities in order to exercise proper oversight. as Deputy Surgeon General, the principal as- tissue donation and transportation. He has I look forward to working with my colleagues sistant and advisor to the Surgeon General, been an active participant in the Donor Family in Congress to ensure that law enforcement which he was appointed on October 1, 1998. Recognition Programs in Washington, DC, as agencies have strong, flexible tools to inter- He had been a career officer in the Commis- a key speaker at numerous local and national cept the communications of terrorists, and at sioned Corps of the U.S. Public Health Serv- programs. In his private capacity, he has been the same time protect our citizens’ civil lib- ice since 1968 and began his service as an a member of several boards of directors, in- erties from unwarranted government probing. Assistant Surgeon General beginning in 1988. cluding the Washington Regional Transplant

VerDate Aug 31 2005 04:26 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.077 E07SEPT1 cnoel on PRODPC60 with REMARKS_CN September 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1843 Consortium; several boards of trustees, includ- an active volunteer of the Transplant Recipi- and commitment to his profession, and com- ing the National Kidney Foundation; and on ents International Organization. mend him upon his retirement from serving as the National Advisory Board for MOTTEP. As Madam Speaker, I am proud to honor Acting Surgeon General. I applaud all of his an additional service to his community he is RADM Kenneth P. Moritsugu for his dedication hard work and wish him the best.

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HIGHLIGHTS Senate adopted the conference report to accompany H.R. 2669, College Cost Reduction Act. The House agreed to the conference report to accompany H.R. 2669, Col- lege Cost Reduction Act of 2007. Senate Museum of the History of American Diplomacy: Chamber Action Senate agreed to S. Res. 253, expressing the sense of Routine Proceedings, pages S11241–S11281 the Senate that the establishment of a Museum of Measures Introduced: Three bills and two resolu- the History of American Diplomacy through private tions were introduced, as follows: S. 2031–2033, and donations is a worthy endeavor. Pages S11279–80 S. Res. 310–311. Page S11269 Marquis de Lafayette 250th Anniversary: Senate Measures Reported: agreed to S. Res. 310, commending the city of La- S. 1692, to grant a Federal charter to Korean War fayette, Louisiana, for engaging in a year-long cele- Veterans Association, Incorporated. bration of the 250th anniversary of the birth of Pages S11269, S11270 Marie-Joseph-Paul-Yves-Roch-Gilbert Du Motier, commonly known as the Marquis de Lafayette. Measures Passed: Page S11280 Adopt A School Library Month: Senate agreed to National Ovarian Cancer Awareness Month: S. Res. 134, designating September 2007 as ‘‘Adopt Senate agreed to S. Res. 311, supporting the goals a School Library Month’’. Page S11278 and ideals of National Ovarian Cancer Awareness National Polycystic Kidney Disease Awareness Month. Pages S11280–81 Week: Senate agreed to S. Res. 282, supporting the Conference Reports: goals and ideals of a National Polycystic Kidney Higher Education Access Act Conference Re- Disease Awareness Week to raise public awareness port: By 79 yeas to 12 nays (Vote No. 326) Senate and understanding of polycystic kidney disease and agreed to the conference report to accompany H.R. to foster understanding of the impact polycystic kid- 2669, to provide for reconciliation pursuant to sec- ney disease has on patients and future generations of tion 601 of the concurrent resolution on the budget their families. Pages S11278–79 for fiscal year 2008. Pages S11241–63 National Prostate Cancer Awareness Month: Barrasso Maiden Speech—Agreement: A unani- Senate agreed to S. Res. 288, designating September mous-consent agreement was reached providing that 2007 as ‘‘National Prostate Cancer Awareness after the votes on the confirmations of the nomina- Month’’. Page S11279 tions of William Lindsay Osteen, Jr., to be United National Assisted Living Week: Senate agreed to States District Judge for the Middle District of S. Res. 292, designating the week beginning Sep- North Carolina, Martin Karl Reidinger, to be tember 9, 2007, as ‘‘National Assisted Living United States District Judge for the Western Dis- Week’’. Page S11279 trict of North Carolina, and Janis Lynn Sammartino, Little Rock Central High School: Senate agreed to to be United States District Judge for the Southern S. Res. 301, recognizing the 50th anniversary of the District of California, that Senator Barrasso be recog- desegregation of Little Rock Central High School, nized to speak in morning business. Pages S11256–57 one of the most significant events in the American Transportation, Housing and Urban Develop- civil rights movement. Page S11279 ment, and Related Agencies Appropriations D1171

VerDate Aug 31 2005 05:04 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE7.REC D07SEPT1 bajohnson on PROD1PC69 with DIGEST D1172 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2007 Act—Agreement: A unanimous-consent agreement Nomination Withdrawn: Senate received notifica- was reached providing that on Monday, September tion of withdrawal of the following nomination: 10, 2007, at the conclusion of the remarks from Sen- Vincent Obsitnik, of Virginia, to be Ambassador ator Barrasso, Senate begin consideration of H.R. to the Republic of Slovenia, which was sent to the 3074, making appropriations for the Departments of Senate on July 25, 2007. Page S11281 Transportation, and Housing and Urban Develop- Additional Cosponsors: Pages S11269–70 ment, and related agencies for the fiscal year ending Statements on Introduced Bills/Resolutions: September 30, 2008. Pages S11256–57 Pages S11270–71 Osteen/Reidinger/Sammartino Nominations— Authorities for Committees to Meet: Page S11271 Agreement: A unanimous-consent agreement was reached providing that at 10 a.m., on Monday, Sep- Privileges of the Floor: Page S11271 tember 10, 2007, Senate begin consideration of the Text of H.R. 2642 as Previously Passed: nominations of William Lindsay Osteen, Jr., to be Pages S11271–78 United States District Judge for the Middle District Record Votes: One record vote was taken today. of North Carolina, Martin Karl Reidinger, to be (Total—326) Page S11256 United States District Judge for the Western Dis- trict of North Carolina, and Janis Lynn Sammartino, Adjournment: Senate convened at 8:55 a.m. and to be United States District Judge for the Southern adjourned at 12:29 p.m., until 10 a.m. on Monday, District of California; that there be 60 minutes of September 10, 2007. (For Senate’s program, see the debate equally divided between the Chairman and remarks of the Acting Majority Leader in today’s Ranking Member of the Committee on the Judici- Record on page S11281.) ary, or their designees; provided further, that at 11 a.m., Senate vote on confirmation of the nomina- Committee Meetings tions, respectively. Pages S11256–57 (Committees not listed did not meet) Nominations Received: Senate received the fol- lowing nominations: GOVERNMENT ACCOUNTABILITY OFFICE’S Walter Lukken, of Indiana, to be Chairman of the ASSESSMENT ON 18 IRAQ BENCHMARKS Commodity Futures Trading Commission. Committee on Armed Services: Committee concluded a Todd J. Zinser, of Virginia, to be Inspector Gen- hearing to examine a report of the Government Ac- eral, Department of Commerce. countability Office’s assessment of 18 Iraq bench- Vincent Obsitnik, of Virginia, to be Ambassador marks, including the U.S. Troop Readiness, Vet- to the Slovak Republic. erans’ Care, Katrina Recovery, and Iraq Account- Harvey E. Johnson, Jr., of Virginia, to be Deputy ability Appropriations Act, 2007 (Public Law Administrator and Chief Operating Officer, Federal 110–28), after receiving testimony from David M. Emergency Management Agency, Department of Walker, Comptroller General of the United States, Homeland Security. Page S11281 Government Accountability Office. h House of Representatives most severely economically distressed regions in the Chamber Action Nation, with an amendment (H. Rept. 110–321, Pt. Public Bills and Resolutions Introduced: 14 pub- 1). Page H10318 lic bills, H.R. 3494–3507; and 5 resolutions, H. Speaker: Read a letter from the Speaker wherein she Con. Res. 206–207 and H. Res. 640–642, were in- appointed Representative Pomeroy to act as Speaker troduced. Pages H10318–19 pro tempore for today. Page H10247 Additional Cosponsors: Page H10319 College Cost Reduction Act of 2007: The House Report Filed: A report was filed today as follows: agreed to the conference report to accompany H.R. H.R. 3246, to amend title 40, United States 2669, to provide for reconciliation pursuant to sec- Code, to provide a comprehensive regional approach tion 601 of the concurrent resolution on the budget to economic and infrastructure development in the

VerDate Aug 31 2005 05:04 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE7.REC D07SEPT1 bajohnson on PROD1PC69 with DIGEST September 7, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1173 for fiscal year 2008, by a yea-and-nay vote of 292 ments, among others (by a recorded vote of 263 ayes yeas to 97 nays, Roll No. 864. to 136 noes, Roll No. 862). Pages H10292–97, H10306 Pages H10259–70, H10307–08 Agreed that the Clerk be authorized to make H. Res. 637, the rule providing for consideration technical and conforming changes to reflect the ac- of the conference report, was agreed to by a yea-and- tions of the House. Page H10308 nay vote of 220 yeas to 185 noes, Roll No. 861, H. Res. 636, the rule providing for consideration after agreeing to order the previous question. of the bill, was agreed to by a yea-and-nay vote of Pages H10255–58, H10259 222 yeas to 181 nays, Roll No. 860, after agreeing Patent Reform Act of 2007: The House passed to order the previous question. H.R. 1908, to amend title 35, United States Code, Pages H10249–55, H10258–59 to provide for patent reform, by a recorded vote of Calendar Wednesday: Agreed by unanimous con- 220 ayes to 175 noes, Roll No. 863. sent to dispense with the Calendar Wednesday busi- Pages H10270–H10307 Pursuant to the rule, the amendment in the na- ness of Wednesday, September 19th. Page H10310 ture of a substitute recommended by the Committee Meeting Hour: Agreed by unanimous consent that on the Judiciary now printed in the bill shall be when the House adjourns today, it adjourn to meet considered as an original bill for the purpose of at 10:30 a.m. on Monday, September 10th for morn- amendment. Page H10285 ing hour debate; that when the House adjourns on Accepted: that day, it adjourn to meet at 10:30 a.m. on Tues- Pence amendment (No. 5 printed in H. Rept. day, September 11th; that when the House adjourns 110–319) that prohibits a post-grant review from on that day, it adjourn to meet 10 a.m. on Friday, being instituted based upon the best mode require- September, 14th; and further, when the House ad- ment of patent law; Pages H10303–06 journs on that day, it adjourn to meet at 12:30 p.m. Issa amendment (No. 2 printed in H. Rept. on Monday, September 17th for morning hour de- 110–319) that permits applicants to delay publica- bate. Page H10310 tion of applications until the later of (1) three months after a second PTO decision or (2) 18 Senate Messages: Messages received from the Senate months after the filing date (after agreeing by unani- today appear on pages H10259 and H10308. mous consent to withdraw the earlier request for a Amendments: Amendments ordered printed pursu- recorded vote); Pages H10297–98, H10306 ant to the rule appear on page H10321. Issa amendment (No. 3 printed in H. Rept. 110–319) that amends the section relating to United Quorum Calls—Votes: Three yea-and-nay votes States Patent and Trademark Office regulatory au- and two recorded votes developed during the pro- thority by adding the requirement that Congress be ceedings of today and appear on pages H10258–59, provided 60 days to review regulations before they H10259, H10306, H10307, and H10307–08. There take effect (after agreeing by unanimous consent to were no quorum calls. withdraw the earlier request for a recorded vote); Adjournment: The House met at 9:00 a.m. and ad- Pages H10298–H10300, H10306 journed at 4:52 p.m. Jackson-Lee (TX) amendment (No. 4 printed in H. Rept. 110–319) that requires the Director of the United States Patent and Trademark Office to con- Committee Meetings duct a study of patent damage awards in cases from at least 1990 to the present where such awards have BRIEFING—UPDATE ON GERMANY AND been based on a reasonable royalty under Section 284 DENMARK ARRESTS of Title 35 of the United States Code and requires Permanent Select Committee on Intelligence: Met in execu- the Director of the PTO to submit findings to Con- tive session to receive a briefing on the Germany and gress no later than one year after the Act’s enact- Denmark Arrests. The Committee was briefed by depart- ment (after agreeing by unanimous consent to with- mental witnesses. draw the earlier request for a recorded vote); and Pages H10300–03, H10306 BRIEFING—IRAQ NATIONAL Conyers manager’s amendment (No. 1 printed in INTELLIGENCE ESTIMATE H. Rept. 110–319) that incorporates a number of re- Permanent Select Committee on Intelligence: Met in execu- visions including revisions to the sections on dam- tive session to receive a briefing on Iraq National Intel- ages, willful infringement, prior user rights, post- ligence Estimate. The Committee was briefed by depart- grant review, venue, inequitable conduct, applicant mental witnesses. disclosure information and inventor’s oath require-

VerDate Aug 31 2005 05:04 Sep 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE7.REC D07SEPT1 bajohnson on PROD1PC69 with DIGEST D1174 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2007 CONGRESSIONAL PROGRAM AHEAD pose and provide for the administration of the Baca Na- tional Wildlife Refuge, S. 327 and H.R. 359, bills to au- Week of September 10 through September 15, thorize the Secretary of the Interior to conduct a special 2007 resource study of sites associated with the life of Cesar Estrada Chavez and the farm labor movement, S. 868, to Senate Chamber amend the Wild and Scenic Rivers Act to designate seg- On Monday, at 10 a.m., Senate will begin consid- ments of the Taunton River in the Commonwealth of eration of the nominations of William Lindsay Massachusetts as a component of the National Wild and Osteen, Jr., to be United States District Judge for Scenic Rivers System, S. 1051, to authorize National Mall the Middle District of North Carolina, Martin Karl Liberty Fund D.C. to establish a memorial on Federal Reidinger, to be United States District Judge for the land in the District of Columbia at Constitution Gardens Western District of North Carolina, and Janis Lynn previously approved to honor free persons and slaves who fought for independence, liberty, and justice for all dur- Sammartino, to be United States District Judge for ing the American Revolution, S. 1184 and H.R. 1021, the Southern District of California, and after a period bills to direct the Secretary of the Interior to conduct a of debate, vote on the confirmations of the nomina- special resources study regarding the suitability and feasi- tions at 11:00 a.m.; following which, Senator bility of designating certain historic buildings and areas Barrasso will be recognized to speak in morning in Taunton, Massachusetts, as a unit of the National Park business; following which, Senate will begin consid- System, S. 1247, to amend the Weir Farm National His- eration of H.R. 3074, Transportation, Housing and toric Site Establishment Act of 1990 to limit the devel- Urban Development, and Related Agencies Appro- opment of any property acquired by the Secretary of the priations Act. Interior for the development of visitor and administrative During the balance of the week Senate will con- facilities for the Weir Farm National Historic Site, S. sider any other cleared legislative and executive busi- 1304, to amend the National Trails System Act to des- ignate the Arizona National Scenic Trail, S. 1329, to ex- ness, including appropriation bills and conference re- tend the Acadia National Park Advisory Commission, to ports, when available provide improved visitor services at the park, H.R. 807, Senate Committees to direct the Secretary of the Interior to conduct a special resource study to determine the feasibility and suitability (Committee meetings are open unless otherwise indicated) of establishing a memorial to the Space Shuttle Columbia Committee on Appropriations: September 11, Sub- in the State of Texas and for its inclusion as a unit of committee on Defense, business meeting to mark up the National Park System, and H.R. 759, to redesignate H.R. 3222, making appropriations for the Department of the Ellis Island Library on the third floor of the Ellis Is- Defense for the fiscal year ending September 30, 2008, land Immigration Museum, located on Ellis Island in 10 a.m., SD–192. New York Harbor, as the ‘‘Bob Hope Memorial Library’’, September 12, Full Committee, business meeting to 2:30 p.m., SD–366. mark up H.R. 3222, making appropriations for the De- September 12, Full Committee, to hold hearings to ex- partment of Defense for the fiscal year ending September amine S. 2017, to amend the Energy Policy and Con- 30, 2008, 10 a.m., SD–106. servation Act to provide for national energy efficiency September 12, Subcommittee on Financial Services and standards for general service incandescent lamps, 10 a.m., General Government, to hold hearings to examine en- SD–366. hancing the safety of toys relating to lead paint, the Con- Committee on Finance: September 11, to hold hearings to sumer Product Safety Commission, and toy safety stand- examine the United States-Peru Trade Promotion Agree- ards, 11 a.m., SD–192. ment, 10 a.m., SD–215. Committee on Armed Services: September 11, to hold hear- Committee on Foreign Relations: September 11, to hold ings to examine the situation in Iraq, focusing on the hearings to examine Iraq, focusing on the Crocker- progress made by the Government of Iraq in meeting Petraeus report, 9:30 a.m., SH–216. benchmarks, 2 p.m., SH–216. September 11, Full Committee, business meeting to Committee on the Budget: September 11, to hold hearings consider S. 968, to amend the Foreign Assistance Act of to examine health care and the federal budget, focusing 1961 to provide increased assistance for the prevention, on options for achieving universal health coverage, 10 treatment, and control of tuberculosis, S. 805, to amend a.m., SD–608. the Foreign Assistance Act of 1961 to assist countries in Committee on Commerce, Science, and Transportation: Sep- sub-Saharan Africa in the effort to achieve internationally tember 12, Subcommittee on Interstate Commerce, recognized goals in the treatment and prevention of HIV/ Trade, and Tourism, to hold hearings to examine the AIDS and other major diseases and the reduction of ma- Federal Trade Commission Reauthorization, 9:30 a.m., ternal and child mortality by improving human health SR–253. care capacity and improving retention of medical health Committee on Energy and Natural Resources: September professionals in sub-Saharan Africa, S. 1839, to require 11, Subcommittee on National Parks, business meeting to periodic reports on claims related to acts of terrorism consider S. 127, to amend the Great Sand Dunes Na- against Americans perpetrated or supported by the Gov- tional Park and Preserve Act of 2000 to explain the pur- ernment of Libya, S. 2020, to reauthorize the Tropical

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Forest Coral Conservation Reauthorization Act of 2007, Committee on the Judiciary: September 12, to hold hear- H.R. 1678, to amend the Torture Victims Relief Act of ings to examine regulatory preemption relating to federal 1998 to authorize appropriations to provide assistance for agencies usurping congressional and state authority, 11 domestic and foreign programs and centers for the treat- a.m., SD–226. ment of victims of torture, patent Law Treaty and Regu- Committee on Rules and Administration: September 12, to lations Under the Patent Law Treaty (the ‘‘Treaty’’), done hold a hearing to examine the nomination of Robert at Geneva on June 1, 2000, between the Governments of Charles Tapella, of Virginia, to be Public Printer for the 53 countries including the United States of America Government Printing Office, 10 a.m., SR–301. (Treaty Doc. 109–12), the Geneva Act of the Hague Select Committee on Intelligence: September 11, to hold Agreement Concerning the International Registration of closed hearings to examine certain intelligence matters, Industrial Designs (the ‘‘Agreement’’), adopted in Geneva 2:30 p.m., SH–219. on July 2, 1999, and signed by the United States on July House Committees 6, 1999 (Treaty Doc. 109–21), the Singapore Treaty on the Law of Trademarks (Treaty Doc. 110–2), Protocol to Committee on Armed Services, September 10, full Com- the 1951 Treaty of Friendship, Commerce, and Naviga- mittee and the Committee on Foreign Affairs, joint hear- tion between the United States and Denmark (Treaty ing on the status of the war and political developments Doc. 108–8), and the nominations of Henrietta Holsman in Iraq, 12:30 p.m., 345 Cannon. Committee on Education and Labor, September 10, hear- Fore, of Nevada, to be Administrator of the United States ing on proposals to reauthorize the Elementary and Sec- Agency for International Development, Harry K. Thomas, ondary Education Act, 10 a.m., 2175 Rayburn. Jr., of New York, to be Director General of the Foreign September 12, hearing on Why Weren’t 9/11 Recovery Service, Nancy Goodman Brinker, of Florida, to be Chief Workers Protected at the World Trade Center? 10 a.m., of Protocol, and to have the rank of Ambassador during 2175 Rayburn. her tenure of service, and Ned L. Siegel, of Florida, to Committee on Science and Technology, September 11, hear- be Ambassador to the Commonwealth of The Bahamas, ing on Bridge Safety: Next Steps To Protect the Nation’s 2:15 p.m., S–116, Capitol. Critical Infrastructure, 10 a.m., 2318 Rayburn. Committee on Homeland Security and Governmental Affairs: Committee on Small Business, September 11, hearing on September 10, to hold hearings to examine confronting SBA Contracting Programs, 10 a.m., 2360 Rayburn. the terrorist threat to the Homeland, six years after 9/11, Committee on Transportation and Infrastructure, September 9:30 a.m., SD–342. 11, Subcommittee on Economic Development, Public September 12, Full Committee, to hold hearings to ex- Buildings, and Emergency Management, hearing on amine the nomination of Julie L. Myers, of Kansas, to be Readiness in the Post-Katrina and Post-9/11 World: An Assistant Secretary of Homeland Security, 10 a.m., Evaluation of the New National Response Framework, 10 SD–342. a.m., 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, September 10 10:30 a.m., Monday, September 10

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: To be announced. the nominations of William Lindsay Osteen, Jr., to be United States District Judge for the Middle District of North Carolina, Martin Karl Reidinger, to be United States District Judge for the Western District of North Carolina, and Janis Lynn Sammartino, to be United States District Judge for the Southern District of California, and after a period of debate, vote on the confirmations of the nominations at 11 a.m.; following which, Senator Barrasso will be recognized to speak in morning business; following which, Senate will begin consideration of H.R. 3074, Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.

Extensions of Remarks, as insert in this issue

HOUSE Green, Al, Tex., E1830, E1834 Porter, Jon C., Nev., E1833, E1835, E1836, E1838, E1839, Green, Gene, Tex., E1833 E1840, E1842, E1842 Andrews, Robert E., N.J., E1842 Honda, Michael M., Calif., E1832 Rangel, Charles B., N.Y., E1831 Bilirakis, Gus M., Fla., E1838 Johnson, Eddie Bernice, Tex., E1839 Reyes, Silvestre, Tex., E1835 Bonner, Jo, Ala., E1823, E1824, E1825, E1826, E1826, King, Peter T., N.Y., E1838 Ross, Mike, Ark., E1837 E1827, E1828, E1837 Klein, Ron, Fla., E1827 Ruppersberger, C.A. Dutch, Md., E1830 Boyda, Nancy E., Kans., E1831 Lamborn, Doug, Colo., E1823, E1825 Schiff, Adam B., Calif., E1828 Brown-Waite, Ginny, Fla., E1835, E1839 Lantos, Tom, Calif., E1832 Sessions, Pete, Tex., E1827 Calvert, Ken, Calif., E1829 McCarthy, Carolyn, N.Y., E1833 Shuler, Heath, N.C., E1840 Cantor, Eric, Va., E1824, E1826 McCollum, Betty, Minn., E1836 Sullivan, John, Okla., E1840 Clyburn, James E., S.C., E1830 Maloney, Carolyn B., N.Y., E1834 Thompson, Mike, Calif., E1833 Costa, Jim, Calif., E1833 Mitchell, Harry E., Ariz., E1828 Udall, Mark, Colo., E1837 Davis, Tom, Va., E1834 Moore, Dennis, Kans., E1824, E1826, E1840 Udall, Tom, N.M., E1823, E1825 Diaz-Balart, Mario, Fla., E1840 Murphy, Christopher S., Conn., E1824, E1826 Walsh, James T., N.Y., E1823, E1825, E1827 Duncan, John J., Jr., Tenn., E1828 Neugebauer, Randy, Tex., E1834 Welch, Peter, Vt., E1829 Ehlers, Vernon J., Mich., E1838 Norton, Eleanor Holmes, D.C., E1832 Westmoreland, Lynn A., Mac, Ga., E1837 Farr, Sam, Calif., E1835 Nunes, Devin, Calif., E1831 Wilson, Joe, S.C., E1830 Fox, Virginia, N.C., E1839 Young, C.W. Bill, Fla., E1839

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