Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, THURSDAY, MAY 3, 2007 No. 72 House of Representatives The House met at 10 a.m. WELCOMING THE REVEREND RICK Mr. KUCINICH. Madam Speaker, to- The Reverend Rick Astle, Director of ASTLE day’s news indicates the Iraqis are be- Missions, Waccamaw Baptist Associa- ginning to be upset that the Bush ad- (Mr. MCINTYRE asked and was given tion, Conway, South Carolina, offered ministration, with the unfortunate permission to address the House for 1 the following prayer: help of this Congress, is trying to force minute.) Our Father in heaven, on this Na- the sovereign Government of Iraq to Mr. MCINTYRE. Madam Speaker, I tional Day of Prayer, we confess that am pleased to introduce the Reverend pass a hydrocarbon act which will give Your way is perfect, Your Word is prov- Rick Astle, who just delivered the in- the U.S. oil companies control of $6 en, and You are a shield to all who vocation for the U.S. House as we begin trillion worth of Iraqi oil assets. trust in You. this National Day of Prayer, a time Now, the wealth of Iraq, the oil wells, Make today a day when men are will- when communities across America will ought to be decided by an Iraq Govern- ing to repent of sin and to look to You be joining in prayer for our country ment not under U.S. occupation. But for guidance, for Your seat is not on today. And what better person to begin yet, in the bill that was vetoed yester- one side or the other of an aisle, but on this day than a man whose prayer min- day, there was a provision that would the throne of heaven. istry has carried him across our coun- have forced Iraq to have privatized its Interrupt the strategies of hate form- try and who has written a book on this oil assets or the U.S. would pull our ing even now, such as what has mani- very subject. troops without having an international fested from Columbine to Virginia Born and reared in Oklahoma, now security and peacekeeping force in its Tech, from Oklahoma City to Ground residing in Whiteville, North Carolina, place. That is nothing but extortion. Zero. he is married to the former Donna As Congress comes together to put a Lord Jesus, each of our elected offi- Strickland of Lumberton, who is with plan to get us out of Iraq, let’s stop cials, locally and nationally, are on our us today; and they have one son, John, trying to steal Iraq’s oil. Let’s bring hearts today, along with each man and who is a law student at North Carolina our troops home. Let’s have an inter- woman in our Armed Forces and their Central. national peacekeeping and security families. Bless and protect them, Lord. Rick was educated at the University force that can come in as our troops Pour out Your spirit today, that we of Kentucky and at Southern Baptist leave. It is time to take a new direc- may be assured that You are still bless- Seminary, and he has served Southern tion, and that is exactly what H.R. 1234 ing America. Baptist churches for over 30 years, has is about. I pray in Jesus’ name. Amen. spoken in over 20 States, and is author f f of the book, The Priority of Kingdom- MONEY FOR MONKEY BUSINESS Focused Prayer, and now is the Direc- THE JOURNAL (Mr. POE asked and was given per- tor of Missions for the Waccamaw Bap- mission to address the House for 1 The SPEAKER. The Chair has exam- tist Association in Conway, South minute.) ined the Journal of the last day’s pro- Carolina. ceedings and announces to the House And as his brother-in-law, I am par- Mr. POE. Mr. Speaker, this House her approval thereof. ticularly honored to have him open us last night, about 11:30 p.m., authorized Pursuant to clause 1, rule I, the Jour- on this very special National Day of money for some absurd projects, in- nal stands approved. Prayer. cluding the study of bison hunting on the prehistoric Great Plains and, get f f this, the study of the sex lives of the PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER Phayre’s Leaf monkeys. The SPEAKER. Will the gentleman The SPEAKER. The Chair will enter- Meanwhile, our troops in Iraq are from Texas (Mr. POE) come forward and tain up to five 1-minute speeches on running out of money to fight the bad lead the House in the Pledge of Alle- each side. guys. Why? Because some Members of giance. f Congress think they know more about Mr. POE led the Pledge of Allegiance conducting the war in Iraq than the H.R. 1234 as follows: Generals do. So this congressional sur- I pledge allegiance to the Flag of the (Mr. KUCINICH asked and was given render group refuses to send more United States of America, and to the Repub- permission to address the House for 1 money without also demanding the day lic for which it stands, one nation under God, minute and to revise and extend his re- the United States will retreat and quit indivisible, with liberty and justice for all. marks.) the fight.

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

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VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.000 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4420 CONGRESSIONAL RECORD — HOUSE May 3, 2007 This Nation is at war with the people We think, of course, immediately of Last week marked the anniversary of of hate. Those ill-informed people who George Washington at Valley Forge, we Congress’s decision to cut off military are determined that we lose this con- think of Winston Churchill challenging funding for our involvement in South- flict by keeping a tight fist on the war the people of England to rise up and to east Asia. The result, as predicted, was money have their priorities wrong. be strong against the Nazis; he loved to genocide; 3 million innocent people Money for the study of monkey busi- mispronounce it to bait Hitler. But we slaughtered in Cambodia’s killing ness, but no money for the troops is a also recall in our own history how we fields. mockery. Money for our troops is more were in Vietnam, how we bombed Mr. Speaker, similar warnings exist important than investigating the sex North Vietnam, and in the observation today in Iraq. Observers from across lives of the Leaf monkeys and the of Jeremiah Denton, who was a pris- the political spectrum say a precipi- study of prehistoric bison anyplace in oner of war in Vietnam, how we were tous withdrawal of U.S. forces from the world. just very close to victory. North Viet- Iraq could very likely result in a re- Mr. Speaker, we need to work as late nam was about to capitulate because of gion-wide bloodbath. No one wants to tonight to provide money for our U.S. the bombing, and then we cut and run. see this, yet withdrawal is what many warriors as we did last night to send The test before us today is for the in this body are pushing for. money to the monkeys. courage and the heart of not just the Mr. Speaker, before we act, let’s re- And that’s just the way it is. Iraqi people, but the American people. member the lesson of history. And we f What are the measurements we should all want our troops to come home safe- POWELL DOCTRINE be looking at? It is not the day for the ly, but we need to win first and then come home. Defeat, surrender and (Mr. COURTNEY asked and was sunshine patriot, but for the cussed and the strong and the brave. genocide are not acceptable alter- given permission to address the House natives. for 1 minute.) f And Mr. Speaker, as a personal note, Mr. COURTNEY. Mr. Speaker, in the THE TEST OF PATRIOTISM IS I’d like to say before I end, welcome to wake of the Vietnam War, retired Gen- COURAGE the world to little Joseph Thomas eral Colin Powell outlined the Powell Offutt, a new grandson, namesake born Doctrine, which stated simply that any (Ms. JACKSON-LEE of Texas asked earlier this week, 9 pounds, 14 ounces. future military action should include and was given permission to address You’ve brought great joy and happiness ‘‘massive force and a plausible exit the House for 1 minute and to revise to our family. May you enjoy a long, strategy to avoid endless entangle- and extend her remarks.) good life. ment.’’ Ms. JACKSON-LEE of Texas. Some- As we now know, from the very start times the test of patriotism is courage. f of military operations in March 2003, And I would simply argue that every THAT DOG DOESN’T HUNT President Bush fought the war in Iraq newspaper headline is not true. We, the ANYMORE with an inadequate number of troops Democrats, maintain the courage that (Mr. PASCRELL asked and was given and never had an exit strategy, but America has asked us to exhibit, the permission to address the House for 1 simply believed the ideologues in the love and respect for our soldiers, full minute and to revise and extend his re- White House that Iraq would blossom funding in the emergency supple- marks.) into a self-governing democracy. On mental. Mr. PASCRELL. That dog doesn’t every score, his policy ignored the We also are to push the envelope. hunt anymore. I’m sorry. Powell Doctrine. Isn’t it interesting that Secretary Rice Three things that are never discussed The President’s veto on Tuesday of is now sitting down with a Syrian offi- on this floor, never. Number 1, the this week failed the test of the Powell cial, the same administration criti- pilferaging that’s going on in Iraq right Doctrine again. He rejected the plau- cizing the Speaker of the House, who now make the few hairs we have on our sible exit strategy outlined in the Iraq led to begin the diplomatic surge? head left stand on end. It is a disgrace supplement, namely, a responsible re- This is a failed policy. Vietnam was that the American people’s money has deployment of our troops out of Iraq’s not a cut and run; our soldiers were been stolen, to this day. civil war 15 months from now, and in- victorious. So are the soldiers in Iraq; Number 2, by the way yesterday, let stead reembraced his own policy of they are victorious. But this adminis- me tell you what progress is. A half endless entanglement. tration has failed and failed and failed. hour of electricity yesterday in Bagh- The people of this country deserve The Democrats will maintain their dad. I want to hear progress. Secondly, more than the political spin contained courage. They are patriots. They be- the redeployment of our troops. No one in the President’s televised veto. We lieve it is time to bring our troops is saying cut and run. No one’s saying need to see his own plausible exit strat- home, to entrust to the Maliki govern- throw out the American flag. You egy, and, frankly, we need to see it ment the responsibility of sovereignty. won’t discuss redeployment to the bor- from those who voted to sustain his It is important to lead the Iraqi people ders to protect the safe havens. veto, as General Powell put it. But, toward peace, not use our brave and Number 3, let’s talk about the even more important, our soldiers and valiant soldiers as shooting targets for amount of refugees that are in Iraq. their families who are bearing the a failed and miserable policy. Two million have left the country. brunt of this war deserve a President Patriots stand for courage, and the What about the 1 million of Iraqis who who heeds the lessons of past military Democrats are courageous and will have had to get out of their homes, mistakes, not one who keeps repeating continue to do so. who have no food or shelter? them. f Don’t you talk about progress. That f dog doesn’t hunt any longer. Face the b 1015 IRAQ facts. This is not reality TV. (Mr. AKIN asked and was given per- CAMBODIA/IRAQ f mission to address the House for 1 (Mr. PITTS asked and was given per- ANNOUNCEMENT BY THE SPEAKER minute.) mission to address the House for 1 PRO TEMPORE Mr. AKIN. The Democrats’ supple- minute and to revise and extend his re- The SPEAKER pro tempore (Mr. mental bill was a crafty way to quit in marks.) MCNULTY). Members are reminded to Iraq. Now, certainly each of us individ- Mr. PITTS. Mr. Speaker, as we de- direct their remarks to the Chair. ually, and even as leaders and nations, bate our policy in Iraq, perhaps it’s f is tempted at various times in the face useful to consider a lesson from his- of overwhelming odds to quit and to tory. SUSTAINING THE VETO give up; and yet greatness in leaders In all the media coverage of the war (Mr. WILSON of South Carolina and greatness in nations is frequently supplemental debate, a shameful anni- asked and was given permission to ad- measured by a stubborn and cussed de- versary in our history slipped by, most- dress the House for 1 minute and to re- termination to carry on. ly unnoticed. vise and extend his remarks.)

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.003 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4421 Mr. WILSON of South Carolina. Mr. ELECTION OF MEMBER TO COM- There was no objection. Speaker, following President Bush’s MITTEE ON HOUSE ADMINISTRA- Mr. MCGOVERN. Mr. Speaker, House veto of the Democrat plan for defeat, TION Resolution 364 provides for consideration of H.R. 1592, the Local Law En- the House voted yesterday to uphold Mr. MCGOVERN. Mr. Speaker, by di- the veto and override the Democrat at- rection of the Democratic Caucus, I forcement Hate Crimes Prevention Act tempts to micromanage the war. offer a privileged resolution (H. Res. of 2007, under a closed rule. The rule It is crucial that we achieve victory 368) and ask for its immediate consider- provides 1 hour of debate equally di- in Iraq as the central front in the glob- ation. vided and controlled by the chairman al war on terrorism. Retreat will em- The Clerk read the resolution, as fol- and ranking minority member of the bolden our enemy. This will lead to the lows: Committee on the Judiciary. re-establishment of terrorist training The rule waives all points of order camps from which our enemies would H. RES. 368 against consideration of the bill, ex- launch attacks against us and our al- Resolved, That the following named Mem- cept those arising under clauses 9 and lies. ber be, and is hereby, elected to the fol- 10 of rule XXI. The rule provides that lowing standing committee of the House of We should trust the leadership of the committee amendment in the na- General David Petraeus and our mili- Representatives: (1) COMMITTEE ON HOUSE ADMINISTRATION.— ture of a substitute, modified by the tary leaders. As the father of an Iraqi Mr. Davis of Alabama. amendment printed in the Rules Com- veteran and four sons in the military, I The resolution was agreed to. mittee report, shall be considered as know firsthand of the excellence of our adopted, and the bill, as amended, shall troops. A motion to reconsider was laid on the table. be considered as read. The rule waives We must face the enemy overseas or all points of order against the bill, as we will face them again in the streets f amended. of America. LOCAL LAW ENFORCEMENT HATE Mr. Speaker, I rise today in support I urge Democrat leaders to work with of this rule and of the underlying legis- Republicans to pass a clean supple- CRIMES PREVENTION ACT OF 2007 lation. H.R. 1592, the Local Law En- mental bill and get our troops the Mr. MCGOVERN. Mr. Speaker, by di- forcement Hate Crimes Prevention Act funding they need to carry out their rection of the Committee on Rules, I of 2007, is a bipartisan piece of legisla- mission to protect American families. call up House Resolution 364 and ask tion that has already passed the House In conclusion, God bless our troops, for its immediate consideration. and we will never forget September 11. multiple times with Members from The Clerk read the resolution, as fol- both sides supporting it. f lows: In the 109th Congress, this legislation NATIONAL DAY OF PRAYER H. RES. 364 passed as an amendment to the Child (Mr. ADERHOLT asked and was Resolved, That upon the adoption of this Safety Act by a vote of 223–199. And in resolution it shall be in order to consider in given permission to address the House both the 108th and 106th Congresses, the House the bill (H.R. 1592) to provide Fed- hate crimes legislation passed with bi- for 1 minute.) eral assistance to States, local jurisdictions, Mr. ADERHOLT. Mr. Speaker, I rise and Indian tribes to prosecute hate crimes, partisan support. to call attention to this, the first and for other purposes. All points of order With such a demonstrated history of Thursday in May, as the National Day against consideration of the bill are waived strong bipartisan support, it should of Prayer. The 56th annual National except those arising under clause 9 or 10 of come as no surprise that this bill has Day of Prayer is being recognized rule XXI. The amendment in the nature of a also garnered the support of 171 cospon- today, May 3, across our great Nation substitute recommended by the Committee sors, Republicans as well as Democrats. in tens of thousands of ceremonies and on the Judiciary now printed in the bill, I would like to take note for my col- services nationwide. modified by the amendment printed in the leagues that H.R. 1592 has the support report of the Committee on Rules accom- of more than 210 civil rights, edu- The National Day of Prayer traces panying this resolution, shall be considered its history back to 1775, when the Con- as adopted. The bill, as amended, shall be cation, religious and civic organiza- tinental Congress asked the colonies to considered as read. All points of order tions. Equally as important, it has the pray for wisdom in forming a Nation. against the bill, as amended, are waived. The support and endorsement of the law en- In 1952, a joint resolution of Congress previous question shall be considered as or- forcement community, including the was signed into law by President Tru- dered on the bill, as amended, to final pas- International Association of Chiefs of man. In 1988, President Reagan signed sage without intervening motion except: (1) Police and the National Sheriffs Asso- a law permanently marking the first one hour of debate equally divided and con- ciation. trolled by the chairman and ranking minor- Thursday of every May as the National Mr. Speaker, it makes sense that this ity member of the Committee on the Judici- bill has attracted such a wide range of Day of Prayer. ary; and (2) one motion to recommit with or As in previous years, President without instructions. support. Hate crimes are a serious George W. Bush signed a proclamation SEC. 2. During consideration of H.R. 1592 problem everywhere. They continue to regarding the 2007 observance. He spe- pursuant to this resolution, notwithstanding plague our society, and they happen in cifically asked that the Nation remem- the operation of the previous question, the every State and in every community. ber in their prayers the members of our Chair may postpone further consideration of The Federal Bureau of Investigation Armed Forces, their families, as well the bill to such time as may be designated by has documented over 113,000 hate as the students and families affected by the Speaker. crimes since 1991. In 2005 alone, nearly the recent tragedy at Virginia Tech. The SPEAKER pro tempore. The gen- 7,200 crimes were identified by the FBI Chairman Shirley Dobson and Vice tleman from Massachusetts (Mr. as hate crimes. But despite this Chairman Brian Toon have done an MCGOVERN) is recognized for 1 hour. marked occurrence of violent hate outstanding job in coordinating these Mr. MCGOVERN. Mr. Speaker, for crimes, current law limits the ability events that will take place across this the purpose of debate only, I yield the of the Federal Government to provide land. Dr. Charles Swindoll will serve as customary 30 minutes to the gen- assistance to States and localities to Honorary Chairman. tleman from Washington (Mr. prosecute and investigate these crimes. Mr. Speaker, across the street, here HASTINGS). All time yielded during con- It is long past time that Congress ad- on Capitol Hill in the Cannon House Of- sideration of the rule is for debate dress these shortcomings. fice Building at noon is when the only. Mr. Speaker, some will claim that events will begin. However, whether I yield myself such time as I may this law is not needed. Others will you’re in Washington, D.C., you’re in consume, and I ask unanimous consent claim that it adversely affects free Alabama, North Dakota, I encourage that all Members be given 5 legislative speech. I strongly, very strongly dis- the American people to come together days in which to revise and extend agree with both these claims. in the spirit of Jesus and take a few their remarks on House Resolution 364. First, while we have made progress minutes to thank God for the blessings The SPEAKER pro tempore. Is there toward equality in many facets of our upon this Nation, and ask Him to guide objection to the request of the gen- society, hate crimes continue to spread and protect us in the days to come. tleman from Massachusetts? in cities and towns across the country.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.008 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4422 CONGRESSIONAL RECORD — HOUSE May 3, 2007 The main reason why we have been un- b 1030 Why aren’t those who volunteer to pro- able to aggressively pursue and pros- Mr. HASTINGS of Washington. Mr. tect our country’s freedom not afforded ecute hate crimes is because law en- Speaker, I rise today in opposition to this protected status? forcement agencies in our States and this closed rule and the underlying bill, Mr. GOHMERT of Texas offered an towns lack the tools and resources. the Local Law Enforcement Hate amendment that would add law en- I’d like to point out that this legisla- Crimes Prevention Act. forcement officers to the list. There tion has been endorsed by 31 Attorney Mr. Speaker, no one supports violent have been several instances where gang Generals from all across the country, acts of crimes committed out of hatred members and would-be gang members the very people who can attest to how toward a person based on personal have targeted and killed law enforce- critical this legislation is to stemming characteristic whether that is eth- ment officers because of their hatred hate crime violence and to prosecuting nicity, gender, religion, weight, height, towards them for choosing to go to and punishing the perpetrators of vio- age, eye color, profession, socio- work each day to protect our commu- lent hate crimes. nities. Is committing a crime against Secondly, with respect to whether economic background, or political beliefs. If someone commits a crime, they law enforcement officers simply be- this legislation will have a negative cause their job is to uphold our laws a impact on free speech, simply put, it should be punished for that crime. Pe- riod. crime not deserving of special assist- will not. H.R. 1592 does not punish or ance to investigate and prosecute that prohibit in any way first amendment Instead, today, the Democrat major- crime? rights. It does not affect name-calling, ity has chosen to end equality under the law and to bring legislation to the Crimes have been committed against verbal abuse, hateful expression or senior citizens, and an amendment was hate-filled speech. It only addresses House floor that creates special cat- offered to include them under the hate violent criminal acts. In fact, there is a egories of people. Specifically, this bill crimes legislation, but that amend- first amendment free expression and allows Federal assistance to be given ment, too, was not allowed under this free exercise provision explicitly in- to State and local law enforcement to closed rule today. cluded in this bill. investigate and prosecute felonies that Mr. Speaker, H.R. 1592 solely applies are believed to be motivated by preju- The question remains, if the Law En- to bias motivated violent crimes. It dice based on actual or perceived race, forcement Hate Crimes Prevention Act does not infringe upon freedom of color, religion, national origin, gender, creates special protection, then whom speech. It can only be applied to vio- sexual orientation, gender identity, or should it create special protection for? lent crimes that result in death or bod- disability. Because this bill is being brought up ily injury where the motivation was This bill also makes certain crimes a under a closed rule, Members of the based on the bias against a person’s felony in cases where the perpetrator House and the people they represent perceived race, religion, ethnicity, sex- was believed to be motivated by bias will not have an opportunity to voice ual orientation, gender, gender iden- and there has been a history of such their opinion on this question through tity or disability. bias-motivated violence. the amendment process. I want to remind all of my colleagues Separate treatment is afforded for Mr. Speaker, I must oppose this that behind all of the statistics of hate crimes based on hate against protected closed rule, which not only gags the crimes, there are real people, people classes of citizens under this bill, as op- minority party, but gags all Members who were targeted for violence and who posed to crimes against victims that of the House, who will be denied the suffered violent attacks simply because are not in a protected category. As we right to offer improvements to this leg- of who they are. learned decades ago, separate is not islation. I urge my colleagues to oppose Let me tell you a story of Lisa Craig, equal. the gag order rule and the underlying a 35-year old mother of two from my The Law Enforcement Hate Crimes bill that creates special categories of own State of Massachusetts. In 2003, Prevention Act is a bad bill and should citizens and ends equality under the Craig was assaulted on the street by not be brought to the floor, but espe- law. three teenage girls and kicked in the cially under the closed process that Mr. Speaker, I reserve the balance of head multiple times, causing her brain does not allow for any changes or im- my time. to bleed, and requiring 200 stitches in provements to the underlying bill. Mr. MCGOVERN. Mr. Speaker, I sub- her head. Craig’s partner and her two Eighteen thoughtful amendments mit for the RECORD a letter signed by daughters witnessed the attack by were submitted to the Rules Com- 31 State attorneys general, including these teenagers who, earlier in the mittee yesterday, and sadly, not one of the Republican attorney general of the evening, had been shouting anti-gay these amendments was allowed to be State of Washington, in strong support epithets at the couple. considered by the full House of Rep- of the underlying legislation. Lisa Craig’s case is just one of thou- resentatives. I am disappointed the APRIL 16, 2007. sands, but it demonstrates the bloody Democrat majority again has missed Hon. NANCY PELOSI, results of hate crimes. We need to pre- an opportunity to live up to their com- Speaker, House of Representatives, The Capitol, vent hate crimes like the one suffered mitment of allowing input under an Washington, DC. by Lisa Craig from ever occurring Hon. HARRY REID, open process. again, and we need to give our State Majority Leader, U.S. Senate, The Capitol, Mr. Speaker, how many special cat- Washington, DC and local law enforcement officers and egories of people should this bill cre- court officials the ability to prosecute Hon. JOHN BOEHNER, ate? Have all characteristics for which and punish the perpetrators of such Minority Leader, House of Representatives, The there has been a history of bias-moti- violent acts for what they are, hate Capitol, Washington, DC. vated violence been included in this Hon. MITCH MCCONNELL, crimes. Passing H.R. 1592 will enable bill? Should more categories be added Minority Leader, U.S. Senate, The Capitol, our police, our prosecutors, our judges and should some be excluded from this Washington, DC. and our courts to do just that. We, the undersigned Attorneys General, Mr. Speaker, I encourage my col- bill? Under this closed rule, these ques- are writing to express our strong support of leagues to support the rule and the un- Congressional efforts towards the immediate derlying legislation. tions will not be answered today by passage of federal hate crimes legislation. As I reserve the balance of my time. Members of the House through the the chief legal officers in our respective ju- Mr. HASTINGS of Washington. Mr. amendment process. risdictions, State Attorneys General are on Speaker, I want to thank the gen- Yesterday, Mr. FORBES of Virginia of- the front lines in the fight to protect our tleman from Massachusetts (Mr. fered an amendment to this bill that citizens’ civil rights. Although state and local governments continue to have the pri- MCGOVERN) for yielding me the cus- would expand the list of protected cat- mary responsibility for enforcing criminal tomary 30 minutes. egories of individuals to include members of the Armed Forces. If you be- law, we believe that federal assistance is Mr. Speaker, I yield myself as much critical in fighting the invidious effects of time as I may consume. lieve the government should afford spe- hate crimes. (Mr. HASTINGS of Washington asked cial treatment to crimes committed This much needed legislation would re- and was given permission to revise and against special groups of citizens, then move unnecessary jurisdictional barriers to extend his remarks.) why not our military men and women? permit the U.S. Department of Justice to

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.010 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4423 prosecute violent acts motivated by bias and Nixon, Attorney General of Missouri; reported in Hillsborough and Pinellas hate and complement existing federal law by Mike McGrath, Attorney General of Counties in 2004, up from 275 in 2003. providing new authority for crimes where Montana; Catherine Cortez Masto, At- Fifty-two of those hate crimes were the victim is intentionally selected because torney General of Nevada; Gary King, motivated by sexual orientation in of his or her gender, gender identity, sexual Attorney General of New Mexico; An- orientation, or disability. Under current law, drew Cuomo, Attorney General of New 2004. the Justice Department can only prosecute York; Marc Dann, Attorney General of Nationwide, victims of hate crimes crimes motivated by the victim’s race, reli- Ohio; Hardy Myers, Attorney General have reported an average of 191,000 hate gion, or national origin when that person is of Oregon; Patrick Lynch, Attorney crime incidents since the year 2000. engaged in a federally protected activity, General of Rhode Island; William H. This bill says that we as Americans such as voting. Legislative proposals, such as Sorrell, Attorney General of Vermont; do not stand for violent acts upon our the Local Law Enforcement Hate Crime Pre- Vincent Frazier, Attorney General of vention Act of2007 (LLEHCPA) and others, neighbors based upon who they are; we Virgin Islands; Rob McKenna, Attorney will not tolerate terrorism against any however, would permit federal prosecution of General of Washington. hate crimes irrespective of whether they group of people; and we will provide were committed while the victim was en- Let me also say, Mr. Speaker, that I our local law enforcement agencies gaged in protected activity. stand by this rule. We are talking with the tools needed to prosecute you Removing this outmoded jurisdictional about life and death issues here. We are when you use violence to spread fear barrier to federal prosecution of hate crimes talking about people’s civil rights. and hate. is critical to protecting our citizens’ funda- And, unfortunately, I think it is clear Members, I urge you to pass this im- mental civil rights. In 2005, the most recent that there are some on the other side figures available, the FBI documented 7,163 portant bill. crimes reported from 12,417 law enforcement of the aisle who oppose the expansion Mr. HASTINGS of Washington. Mr. agencies across the country. Yet, it is not of civil rights protections for threat- Speaker, I am pleased to yield 6 min- the frequency or number of hate crimes, ened groups living in the United utes to the gentleman from California alone, that distinguish these acts of violence States, and I believe they are flat (Mr. DANIEL E. LUNGREN), a member of from other crimes. Rather, our experiences wrong. But this gives the Members, the Judiciary Committee, but more im- as prosecutors have shown us, that these every Member of the House, the oppor- portantly, a former attorney general crimes can have a special impact on victims, tunity to vote up or down on whether for the State of California. their families, their communities and, in or not they believe that we should ex- some instances, the nation. Indeed, in Wis- Mr. DANIEL E. LUNGREN of Cali- consin v. Mitchell, 508 U.S. 47 (1993), Chief pand protections. I think this is an ap- fornia. Mr. Speaker, I rise in opposition Justice William Rehnquist wrote for a unani- propriate rule, and I strongly support to this rule. mous Supreme Court in upholding the con- the underlying bill. Let’s understand what this is. This is stitutionality of enhanced penalties for Mr. Speaker, at this time, I would a closed rule suggesting that this is a crimes motivated by bias or hate against a like to yield 3 minutes to the distin- perfect bill. This is anything but a per- person because of race, religion, color, dis- guished gentlewoman from Florida fect bill. People ought to understand ability, sexual orientation, national origin (Ms. CASTOR), a member of the Rules that we are denied the opportunity to or ancestry. In so ruling, the Court recog- Committee. present a single amendment on this nized that ‘‘bias-motivated crimes are more likely to provoke retaliatory crimes, inflict Ms. CASTOR. I thank my distin- floor, and let me explain to my col- distinct emotional harms on their victims, guished colleague from the Rules Com- leagues the single amendment I wish to and incite community unrest.’’ Hate crimes mittee. bring to the floor. have lead to the polarization of commu- Mr. Speaker, I rise in strong support This bill defines hate crimes to in- nities, increases in security needs at schools of the Hate Crimes Prevention Act. In clude a number of different subjects. and churches, declines in property values doing so, I join with the majority of One of them is a crime committed and the creation of an overall atmosphere of Americans and law enforcement agen- against someone where the hate was fear and distrust. All too often that climate cies who understand that violent acts motivated by hatred for their sexual has hindered the efforts of local law enforce- fueled by bigotry and hatred of a par- ment and placed the lives of police officers orientation. ‘‘Sexual orientation’’ ap- and civilians in jeopardy. ticular group simply because of who pears as an undefined term in the bill. As the chief legal and law enforcement of- they are has no place in America. I offered a simple amendment to de- ficers of our respective states, we are mind- H.R. 1592, and this rule, strengthens fine sexual orientation as it is noted in ful that the overwhelming majority of crimi- and broadens protections for our neigh- the U.S. Code, the only specific ref- nal cases should be brought by local police bors for attacks based on disability, erence to a definition in the U.S. Code, and prosecutors at the state level. However, gender, and sexual orientation. This which is a note that is a footnote in in those rare situations in which local authorities are unable to act, measures such as bill provides local law enforcement the statute which directs the Sen- the LLEHCPA and others provide a backstop with tools needed to partner with our tencing Commission to take into con- to state and local law enforcement by allow- Federal law enforcement agencies to sideration hate motivation when they ing federal involvement if it is necessary to investigate and prosecute these hateful want to enhance penalties. There is no provide a just result. These measures would acts. statutory definition of it, however, provide invaluable tools to federal law en- Why is it needed? Well, unfortu- with respect to the crime itself. And forcement to help state authorities in their nately, in my area of Florida, bigoted that note refers to sexual orientation fight against hate crimes. Therefore, we crimes are on the rise. This week police strongly urge the passage of important hate simply as consensual homosexual or crimes legislation by the 110th Congress. arrested and charged two Pinellas heterosexual conduct. Sincerely, County teenagers after they spray- Now, why would they not allow us to Lisa Madigan, Attorney General of Illi- painted anti-Semitic and racial slurs have that simple amendment, which nois; Mark Shurtleff, Attorney General on nine portable classrooms at a local when we discussed it in committee, I of Utah; Terry Goddard, Attorney Gen- high school. was told that is what they meant the eral of Arizona; Dustin McDaniel, At- Last month, a Polk County man was bill to be? The chairman of the com- torney General of Arkansas; Richard stabbed to death for being gay. mittee said to me it sounded like a rea- Blumenthal, Attorney General of Con- Also last month, the Islamic Edu- necticut; Linda Singer, Attorney Gen- sonable amendment because that’s ex- eral of District of Columbia; Thurbert cation Center of Florida in Tampa was actly what they intended it to be. So E. Baker, Attorney General of Georgia; set on fire, and thousands of my neigh- why don’t we have the opportunity to Mark J. Bennett, Attorney General of bors were left without a place to hold offer this amendment on the floor? I do Hawaii; Tom Miller, Attorney General religious services. not know. of Iowa; Gregory D. Stumbo, Attorney Last year, two men in neighboring And why would I be concerned about General of Kentucky; Charles C. Foti, Polk County were jailed on hate crime a failure for us to define this term? Be- Jr., Attorney General of Louisiana; G. charges after they threw beer bottles cause if you use the term ‘‘sexual ori- Steven Rowe, Attorney General of at a club owner in Tampa, who hap- entation’’ and use the definition found Maine; Douglas Gansler, Attorney Gen- eral of Maryland. pened to be speaking Arabic, and in the dictionary of those two words, it Martha Coakley, Attorney General of threatened to kill him. means any orientation of sexual con- Massachusetts; Lori Swanson, Attor- According to my local State attorney duct. Now, why would I be concerned, ney General of Minnesota; Jeremiah W. general’s offices, 334 hate crimes were being a former attorney general of the

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.005 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4424 CONGRESSIONAL RECORD — HOUSE May 3, 2007 State of California and having served least we ought to have the chance to cause of your disability or because of in this Congress now for seven terms debate it. your race, because of your gender, be- representing my State? Because I re- b 1045 cause of your gender identity you have call some 20 years ago when a debate been abused. ensued in my then-existing district in Last time I checked, we’re not under You have not seen the depth of deg- Palos Verdes, California, where the a time clock here that requires us to radation unless you’ve listened to peo- local chapter of NAMBLA, which is the leave. We could consider this. ple who have come to you in tears, who North American Man/Boy Love Asso- So I would ask my colleagues to cannot, for any reason, tell you why ciation, NAMBLA, and the dispute was please vote down this rule. Allow us to they are who they are, but they say that they wanted to have their local bring forward a rule that allows consid- they are who they are, sort of a mix of chapter meetings at the local library. eration of these and other amend- words. And the pain of living as a Some of you may have seen their ban- ments. human being who is rejected every day ners in certain parades that take place Mr. MCGOVERN. Mr. Speaker, before of their life, fearful that they may en- in San Francisco, where NAMBLA, in- I yield to the gentlelady from Texas counter brutality, that is the sim- stead of hiding, proudly proclaims (Ms. JACKSON-LEE), I would like to give plicity of this bill. That is why 31 At- their position of ‘‘sexual orientation.’’ my colleagues a couple of examples of torney Generals currently serving have They argue, for instance, that we are the kinds of crimes that we’re talking said we need this. That is why they denying children their right to have about here. have asked the Federal Government sexual expression with adults and that In Los Angeles, California, 2003, after simply to help us calm the commu- somehow we are hampering their devel- seeing him hugging another man on nities, prosecute the cases, make sure opment. the street, three men attacked Treve that those who have a historical in- I am not making this up, my col- Broudy, who was 34 years old, with a vestment in themselves, who they are, leagues. This is a fact. And under a baseball bat. The incident left Broudy can be protected; that a young His- nondefined term of ‘‘sexual orienta- in a coma. Broudy was also hospital- panic teenager does not have to be bru- tion,’’ that very well may be included. ized for approximately 10 weeks after talized by skinheads. It is emotional, it I could give you other examples, but the attack, and has lost half of his vi- is tearful, but it is true. that is a current example. And in order sion and has experienced trouble hear- And so when my colleagues talk to make sure that that kind of activity ing. about this rule, let me assure you that is not enshrined in the law and given In Charlottesville, Virginia, in 1997, hours upon hours of attention to special protection, I asked for this sim- James Kittredge was attacked by three amendments have already been given, ple amendment. And when I was in de- young men he offered a ride to outside debated, presented. But what we have bate in the committee, I was told by of a gay club in Charlottesville, Vir- tried to do is to answer the pain, an- the chairman that it made ample sense ginia. The men offered to take him to swer the violence, and yes, answer the and we ought to work to do that. party, but instead they dragged call of 31 attorneys of the United So then I go before the distinguished Kittredge out of his car, where they States of America. Committee on Rules, make this presen- beat him, smashing eight of his ribs Pass this rule so that we can debate tation, have no argument against it, and eye socket, urinated on him, put the question of preventing hate. and yet am denied the simple oppor- cigarettes out on him and locked him Mr. HASTINGS of Washington. Mr. tunity to offer that. in his own trunk. He was found over a Speaker, I am pleased to yield 4 min- So the question is why? If you don’t day later. utes to the gentleman from Texas (Mr. want to extend this definition, if you I can go on and on and on with exam- GOHMERT). don’t want to have this free play out ples of these hate crimes, but this is Mr. GOHMERT. Mr. Speaker, this is there in the legal atmosphere, why do what we are trying to prevent, Mr. a critical piece of legislation, not from you deny me the opportunity to Speaker. the good that it will do, but from the present this simple amendment? Is Mr. Speaker, at this point, I would chilling and even killing effect it will there a hidden agenda here? Is there like to yield 3 minutes to the gentle- have down the road on free speech. something we don’t know? Are we fly- woman from Texas (Ms. JACKSON-LEE). Now, I know that there are people ing under false flags here? What are we (Ms. JACKSON-LEE of Texas asked that have said that this is an over- doing? and was given permission to revise and reaction, much like people said in 1935 This is more, my colleagues, than extend her remarks.) and 1936 that those nuts here on the just a dispute between the majority Ms. JACKSON-LEE of Texas. Let me floor that were concerned Social Secu- versus the minority on the Rules Com- thank the Rules Committee for very rity numbers, once created, might be mittee. This is more than just ham- diligent and thorough review. About 14 used as identification numbers, and pering the minority. This is a question Members of Congress were able to they were promised and assured that it of simple definition which goes to a present their case before the Rules would not happen. But some folks here crucial question in our society today. Committee. could see down the road where it was So my concern, my colleagues, is not I think it is important, Mr. Speaker, going. fanciful. It is not made up. It is not to reaffirm that this is about hate. Now, the rule on this is so grossly un- something that may happen in the fu- There are already well-recognized doc- fair. If you really want to deal with ture. This is based on an experience trines and no disagreement that no hate crimes, what about the hate that I have seen for 20-plus years in my matter who you are as an adult, sex crimes for the elderly? We’ve seen that home State. And yet when I asked to with children is wrong. Many of us recently. They’re not part of this. No, have this considered, I was told that it have enthusiastically supported Fed- that wasn’t part of the agenda. You can made eminent sense, we basically hear eral laws that already oppose that kind have a 100-year-old woman beat up by a great silence. A great silence. of abuse and violation. some mean thug, but that doesn’t Now, we can have games here in the It is important to note that not only count; we’re not going to prosecute. House of Representatives, majority in the Rules Committee did Members She doesn’t deserve protected status. versus minority, but when it affects have the opportunity to make the case Frankly, I had a hard time believing the lives of our constituents, when it as to the relevance of their amend- we were taking up this law imme- affects in a very real way a serious so- ments to this bill, but we sat for hours diately after the tragedy at Virginia cial question in our society, it seems to and hours in the Judiciary Committee Tech. We even had a Holocaust sur- me we ought to rise above this kind of going over amendment after amend- vivor that was randomly shot. I had an nonsense, and we ought to at least give ment, amendments that were not about amendment proposed that was struck the Members the opportunity to con- hate. They were, of course, certainly in committee, and the rule being pro- sider it. elements that one could raise, but they posed is a closed rule, no amendments, Maybe the Members don’t agree with were protected in other aspects of the but that would address random vio- me. Maybe the Members think we law. This bill pertains specifically to lence. Because what we see is a Federal ought to expand this definition. But at historical documented cases that, be- offense where a defense will be, you

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.013 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4425 know what, I didn’t hate these people, Mr. Speaker, if someone commits a [LLEEA]. Unfortunately, there are situa- I just randomly chose someone. It’s a crime, they should be punished. Period. tions where state and local authorities are senseless act of violence. That will be a This is a bill that ends equality under unable to properly investigate these crimes. defense to an important element of this the law by authorizing $10 million in This legislation overcomes those situations . . . The passage of LLEEA will greatly as- new created Federal offense. grants over 2 years to State and local sist state and local law enforcement agencies Another thing we keep hearing peo- law enforcement to combat hate in investigating and prosecuting hate ple say is, and I had an amendment to crimes targeted to special categories of crimes.’’—Excerpts from letters to congres- address this, is being shut out. We people. It is a bad bill. This rule is a sional leadership from Sheriff Aaron D. should have had a right to vote on this. bad bill, not allowing for improvement, Kennard, Salt Lake City, Utah, President, People say, well, no, you are specifi- so I ask Members to oppose the rule National Sheriffs’ Association, July 21, 2004. cally protected under the rule of evi- and the previous question. Dick Thornburgh, Former U.S. Attorney Gen- dence provision in this law. We even Mr. Speaker, I yield back the balance eral had Mr. DAVIS’ amendment that fur- of my time. ‘‘I would like to express my strong support ther said religious speech is protected. Mr. MCGOVERN. Mr. Speaker, I will for the passage of . . . the Hate Crimes Pre- vention Act . . . From my experiences as a But what they don’t point to is what insert into the RECORD at this time a Governor, the Attorney General, and as a I’m pointing to, under that it says, ‘‘It list of endorsements from law enforce- parent of a child with a disability, I can at- may not be introduced as substantive ment organizations all across the coun- test to the importance of this legislation . . . evidence at trial, unless the evidence try. I will also submit for the RECORD Please add my name to the list of supporters specifically relates to the offense.’’ the endorsement of the National Edu- for the passage of this important legisla- Well, when you tie that with current cation Association, the Religious Ac- tion.’’—Excerpts from letter to the Honor- existing Federal law, 18 U.S.C. 2(a), the tion Center of Reformed Judaism, the able Orrin G. Hatch, Sept. 29, 1998. law of principals, which is a good law, Matthew Shepard Foundation and the International Association of Chiefs of Police most States have it, the Federal Code UAW. ‘‘On behalf of the International Associa- tion of Chiefs of Police (IACP), I am writing has it, it says, Whoever aids, abets, LOCAL LAW ENFORCEMENT HATE CRIME to urge you to vote in support of . . . the counsels, commands, induces or pro- PREVENTION ACT OF 2007 cures a crime’s commission is punish- Local Law Enforcement Enhancement Act LAW ENFORCEMENT SUPPORT FOR THIS . . . The passage of the Local Law Enforce- able, just as the principal. And for LEGISLATION ment Enhancement Act will greatly assist those of us who have been judges or This legislation has received bipartisan state and local law enforcement agencies in prosecutors and have prosecuted or majority support in Congress. In the last ses- investigating and prosecuting hate crimes. seen prosecuted people as a principal sion of Congress, on September 14, 2005, the The IACP urges you to vote for [the Local who didn’t commit the offense, but House of Representatives approved the meas- Law Enforcement Enhancement Act] . . .’’— they induced it, then you know every ure as an amendment to the Children’s Safe- Excerpts from letter to the Senate from Dan- ty Act by a vote of 233–199. The Senate has iel N. Rosenblatt, IACP Executive Director, statement, things that you said to in- approved the bill on two occasions since 2000, duce, could be introduced. That’s where Alexandria, Virginia, July 19, 2004. most recently in June, 2004 by a vote of 65– Albany County Sheriff’s Department they go after ministers. 33. Unfortunately, in the past, the House ‘‘As you know, last week saw the conclu- I think a large part of this is the fact leadership has acted to block approval of sion of the trial of Aaron McKinney for the that many people do not understand a this legislation. murder of Matthew Shepard, a case on which The measure also enjoys the support of Christian heart because they just don’t we worked day and night for the last year over 210 civil rights, professional, civic, and like people that disagree with them. . . . We believe justice was served in this religious groups, 31 state Attorneys General, Whereas the Christian, the true Chris- case, but not without cost. We have been former Attorney General Dick Thornburgh, tian heart can disagree with people and devastated financially, due to expenses in- and a number of the most important na- curred in bringing Matthew’s killers to jus- love them, love them deeply and be tional law enforcement organizations, in- tice. For example, we had to lay off five law willing to give their lives for them. cluding: enforcement staff. We do not want the fed- This is an unfair law, the way the Federal Law Enforcement Officers Associa- eral take over of hate crimes, but commu- rule is being put to it. We are not going tion, Hispanic American Police Command nities like ours must be able to call upon the Officers Association, Hispanic National Law to protect religious speech because you expertise and resources of the federal govern- Enforcement Association, International As- can go after a minister, and this came ment. This approach worked very well in sociation of Chiefs of Police, International up in committee, you can go after a Jasper, Texas in the case of James Byrd Jr. Brotherhood of Police Officers, Major Cities minister who says, gee, relations out- Because of the multiple jurisdiction granted Chiefs Association, National Asian Peace Of- by current federal law related to race-based side of a marriage with a man and a ficers Association, National Black Police As- hate crimes, Jasper was able to access ap- woman is wrong. Someone goes out sociation, National Center for Women & Po- proximately $284,000 in federal Byrne grant after hearing that, shoots somebody, licing, National Coalition of Public Safety money. These grants are only available when and then he says, well, the preacher Officers, National District Attorneys Asso- a federal jurisdictional basis exists. Pres- ciation, National Latino Police Officers As- told me it was wrong, that’s what in- ently, unlike race, color, religion and na- sociation, National Organization of Black duced me to do that, the sermons, the tional origin, sexual orientation is not cov- Law Enforcement Executives, National Sher- Bible teachings, whatnot, that the ered. We believe this is a grave oversight iffs’ Association, Police Executive Research preacher used that this person may that needs to be corrected . . . We respect- Forum, Police Foundation. have heard are all relevant on whether Here’s what some of them are saying about fully urge you to do everything you can to or not he was a principal and can go to the legislation: give law enforcement the tools it needs to fight crime in this country.’’—Excerpts from prison for the actual shooting. And it Police Executive Research Forum also provides that nothing changes the letter to House Speaker Dennis Hastert from ‘‘This measure is critical to helping law Sheriff James Pond and Detective Sergeant rule of impeachment. enforcement effectively address the ravaging Robert DeBree, Albany County Sheriff’s De- So if he says, well, no, I never advo- effects on hate crimes on both the victims of partment, Nov. 11, 1999. cate violence, well, here comes every- these crimes and the communities desta- Eric Holder, Former U.S. Deputy Attorney Gen- thing he has ever said, his hard drives, bilized by the fear and anger they generate eral . . . In the past, PERF has opposed efforts to his files, and we had an amendment to ‘‘The enactment of H.R. 1082 [bill number expand the federal government’s authority deal with that, and we were not al- for Hate Crimes Prevention Act, 106th Con- over traditionally local crimes. However, lowed to use it. gress] would significantly increase the abil- given the unusual nature of hate crimes and This is not a good law. These things ity of state and federal law enforcement the substantial gaps in state laws, PERF be- agencies to work together to solve and pre- are already protected. We ought to lieves in a significant federal role in com- vent a wide range of violent crimes com- have an open rule to fix it. bating hate crimes.’’—Excerpts from letter mitted because of bias based on the race, Mr. HASTINGS of Washington. Mr. to Members of Congress from Chuck Wexler, color, national origin, religion, sexual ori- Speaker, I yield myself the balance of Executive Director, PERF, July 19, 2004. entation, gender, or disability of the victim. the time. National Sheriffs’ Association This bill is a thoughtful, measured response Mr. Speaker, this is a bad rule be- ‘‘On behalf of the more than 22,000 mem- to a critical problem facing our Nation.’’— cause it’s a closed rule, which has been bers of the National Sheriffs’ Association I Excerpts from testimony before the House demonstrated with the observations of am writing to seek your support for . . . the Judiciary Committee hearing on hate Mr. LUNGREN and Mr. GOHMERT. Local Law Enforcement Enhancement Act crimes, Aug. 4, 1999.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.016 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4426 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Jeanine Pirro, District Attorney from West- risdiction over such crimes.’’—Excerpts from Pride Coalition, Federal Law Enforcement chester County, N.Y. letter to The Honorable Edward M. Kennedy, Officers Association, Federally Employed ‘‘The vast majority of criminal prosecu- April 14, 2006. Women, Feminist Majority, Gay, Lesbian tions are brought by local prosecutors . . . Police Foundation and Straight Education Network, Gender That is the way it should remain . . . How- ‘‘The Police Foundation urges you to sup- Public Advocacy Coalition, General Federa- tion of Women’s Clubs, Goodwill Industries ever, there are times when states are unable port . . . [the] Local Law Enforcement En- International, Inc., Hadassah, Hispanic or unwilling to recognize and address funda- hancement Act. Hate crimes are extremely American Police Command Officers Associa- mental issues vital to our society. And, when debilitating to individuals, groups, and en- that time comes, the federal government tion. tire communities, and the prevention, inves- Hispanic National Law Enforcement Asso- must act. Hate crime is a civil rights issue, tigation, and prosecution of these crimes ciation, Human Rights Campaign, Human and the proper role of the federal govern- present important challenges for local law Rights First, The Indian American Center ment in controlling this menace should mir- enforcement . . . This legislation will be of for Political Awareness, Interfaith Alliance, ror federal action in other areas of civil valuable assistance to state and local agen- International Association of Chiefs of Police, rights . . . I maintain hope that immediate cies . . .’’—Excerpts from letter to Members International Association of Jewish Lawyers federal action on this pressing issue will en- of Congress from Hubert Williams, Chairman and Jurists, International Association of courage states . . . to enact legislation of of the Board, Police Foundation, July 26, Jewish Vocational Services, International their own . . .’’—Excerpts from testimony 2004. Brotherhood of Teamsters, International before the Senate Judiciary Committee, May Updated January, 2007. Dyslexia Association, International Union of 11, 1999. United Aerospace and Agricultural Imple- Laramie, Wyoming, Police Department SUPPORT FOR THIS LEGISLATION ments, Japanese American Citizens League, ‘‘When it comes to the families of hate The Local Law Enforcement Hate Crimes Jewish Council for Public Affairs, Jewish crime victims, Congress needs to also be able Prevention Act is supported by thirty-one Labor Committee, Jewish War Veterans of to look these people in the eyes and say it is state Attorneys General and over 210 na- the USA, Jewish Women International, JAC- doing all it can. In all honesty, right now tional law enforcement, professional, edu- Joint Action Committee, Justice for All, they cannot say this. There is much more cation, civil rights, religious, and civic orga- LDA, The Learning Disabilities Association they can do to assist us in helping these fam- nizations. of America, Labor Council for Latin Amer- ilies—if they can only find the political will A. Philip Randolph Institute, AIDS Na- ican Advancement, Latino/a, Lesbian, Gay, to do so . . . Yes, justice was served in the tional Interfaith Network, African-American Bisexual & Transgender Organization, Law- end during the Shepard investigation. But Women’s Clergy Association, Alliance for yers’ Committee for Civil Rights Under Law, the Albany County Sheriff’s office had to Rehabilitation Counseling, American-Arab Leadership Conference on Civil Rights, furlough five investigators because of soar- Anti-Discrimination Committee, American LEAP—Leadership Education for Asian ing costs. If the Local Law Enforcement En- Association for Affirmative Action, Amer- Pacifics, Inc., Learning Disabilities Associa- hancement Act were passed, this would never ican Association of University Women, tion of America, League of Women Voters. have happened . . .’’—Excerpts from press American Association on Mental Retarda- League of United Latin American Citizens statement made by Commander David tion, American Citizens for Justice, Amer- (LULAC), Log Cabin Republicans, Major Cit- O’Malley, chief investigator in the murder of ican Civil Liberties Union, American Council ies Chiefs Association, MALDEF—Mexican Matthew Shepard, Sept. 12, 2000. of the Blind, American Counseling Associa- American Legal Defense & Education Fund, tion, American Ethical Union, Washington MANA—A National Latina Organization, National Association of Attorneys General Office, American Federation of Government Maryland State Department of Education, ‘‘We are writing to express our enthusi- Employees, American Federation of Musi- Matthew Shepard Foundation, The McAuley astic support for the passage of . . . the Hate cians, American Federation of State, Coun- Institute, National Abortion Federation, Crimes Prevention Act . . . Although state ty, and Municipal Employees, AFL–CIO, NAACP, NAACP Legal Defense and Edu- and local governments will continue to have American Federation of Teachers, AFL–CIO, cational Fund, Inc., NA’AMAT USA, the principal responsibility, an expanded fed- American Foundation for the Blind, Amer- NAKASEC—National Korean American Serv- eral role in investigating and prosecuting se- ican Jewish Committee. ice & Education Consortium, Inc., National rious forms of hate crimes is critically need- American Jewish Congress, American Med- Asian Pacific American Women’s Forum, Na- ed if we are to be successful in addressing ical Association, American Music Therapy tional Asian Peace Officers Association, Na- and deterring these crimes in our nation. Association, American Network of Commu- tional Association for Multicultural Edu- The amendment to 18 U.S.C. Section 245 nity Options and Resources, American cation, National Association of Commissions would provide invaluable tools for the United Nurses Association, American Speech-Lan- for Women, National Alliance for the Men- States Department of Justice and the United guage Hearing Association, American Thera- tally Ill, National Alliance of Postal and States Attorneys to combat hate crimes ef- peutic Recreation Association, American Federal Employees, National Asian Pacific fectively. Therefore, we strongly urge pas- Psychological Association, Americans for American Bar Association. sage of this important hate crimes legisla- Democratic Action, American Veterans National Association for the Education tion.’’—Excerpts from letter signed by 31 Committee, And Justice For All, Anti-Defa- and Advancement of Cambodian, Laotian State Attorneys Generals to Speaker Dennis mation League, Aplastic Anemia Foundation and Vietnamese Americans, National Asso- Hastert, Majority Leader Bill Frist, House of America, Inc., Arab American Institute, ciation of Collegiate Women Athletics Ad- Minority Leader Nancy Pelosi and Senate The Arc of the United States, Asian Amer- ministrators, National Association of the Minority Leader Harry Reid, April, 2006. ican Justice Center, Asian American Legal Deaf, National Association of Developmental National Center for Women & Policing Defense & Education Fund, Asian Law Cau- Disabilities Councils (NADDC), National As- ‘‘. . . I want to assure you of our support cus, Asian Pacific American Labor Alliance, sociation of Latino Elected and Appointed for the Hate Crimes Prevention Act . . . We Asian Pacific American Legal Center. Officials (NALEO), National Association of Association for Gender Equity Leadership realize the significance of this important Lesbian, Gay, Bisexual and Transgender in Education, AYUDA, Bazelon Center for piece of legislation.’’—Excerpts from letter Community Centers, National Association Mental Health Law, Bi-Net, B’nai B’rith from Chief Penny Harrington, Director, Na- for Multicultural Education, National Asso- International, Brain Injury Association, Inc., tional Center for Women & Policing, to Eliz- ciation of People with AIDS, National Asso- Business and Professional Women, USA, abeth Birch, Human Rights Campaign, ciation of Private Schools for Exceptional Catholics for Free Choice, Center for Com- March 23, 2000. Children, National Association of Rehabili- munity Change, Center for Democratic Re- tation Research and Training Centers, Na- National District Attorneys Association newal, Center for the Study of Hate & Extre- tional Association of School Psychologists, ‘‘On behalf of the members of the National mism, Center for Women Policy Studies, National Association of Social Workers, Na- District Attorneys Association, I am writing Central Conference of American Rabbis, Chi- tional Black Police Association, National to express our organization’s support of . . . nese American Citizens Alliance, Christian Black Women’s Health Project, National the ‘Local Law Enforcement Enhancement Church Capital Area, Church Women United, Center for Lesbian Rights, National Center Act of 2005.’ . . . With local law enforcement Coalition of Black Trade Unionists, Coali- for Transgender Equality, National Center and prosecutors investigating and pros- tion of Labor Union Women, Communication for Victims of Crime, National Center for ecuting approximately 95 percent of the Workers of America. Women & Policing, National Coalition crimes committed such assistance would cer- Congress of National Black Churches, Con- Against Domestic Violence. tainly provide state and local officials with sortium of Developmental Disabilities Coun- National Coalition for Asian Pacific Amer- the necessary tools to address crimes moti- cils, Cuban American National Council, Dis- ican Community Development, National Co- vated by hate. The National District Attor- ability Rights Education and Defense Fund, alition of Anti-Violence Programs, National neys Association supports [the bill] not only Disciples of Christ Advocacy Washington Coalition on Deaf-Blindness, National Coali- because of its proposal to provide additional Network, Easter Seals, The Episcopal tion of Public Safety Officers, National Con- resources and federal assistance to state and Church, Equal Partners in Faith, Evan- ference for Community and Justice (NCCJ), local authorities for the investigation and gelical Lutheran Church of America, Office National Congress of American Indians, Na- prosecution of hate crimes but also its rec- for Government Affairs, Fair Employment tional Council of Churches of Christ in the ognition of the primacy of state and local ju- Council of Greater Washington, Family USA, National Council of Jewish Women,

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.019 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4427 National Council of La Raza, National Dis- NEA has taken aggressive steps to address tive priorities for the 11Oth Congress. I urge ability Rights Network, National District the issue of hate crimes in the context of you to vote for this legislation. Attorneys Association, National Education schools and school districts. NEA and its af- Sincerely, Association, National Federation of Filipino filiates have worked to develop training for RABBI DAVID SAPERSTEIN, American Associations, National Gay and educators and programs for students regard- Director and Counsel. Lesbian Task Force, National Hispanic Lead- ing hate crimes and human relations skills. ership Agenda (NHLA), National Italian But our efforts in this area will not be suc- MATTHEW SHEPARD FOUNDATION, American Foundation, National Jewish cessful absent a comprehensive federal/state/ May 2, 2007. Democratic Council, National Korean Amer- local partnership to address hate crimes. ican Service and Education Consortium, Na- DEAR REPRESENTATIVE: On behalf of the This legislation has strong bipartisan sup- Matthew Shepard Foundation and our fam- tional Latino Police Officers Association, port in Congress; the support of more than National League of Cities. ily, we urge you to vote YES and resist any 210 law enforcement, civil rights, civic and amendments and motions to recommit on National Mental Health Association, Na- religious groups; and the support of the over- tional Multicultural Institute, National the Local Law Enforcement Hate Crimes whelming majority of American people. We Prevention Act (LLEHCPA) of 2007 (H.R. Newspaper Publishers Association, National urge your support for this important initia- Organization of Black Law Enforcement Ex- 1592). tive. ecutives, National Parent Network on Dis- Hate crimes are an unrelenting and under- Sincerely, abilities, National Partnership for Women & addressed problem in the United States. By DIANE SHUST, Families, National Puerto Rican Coalition, enacting the LLEHCPA, a crucial step will Director of Govern- Inc., National Rehabilitation Association, be taken to address violent crimes comment Relations. National Respite Network, National Sheriffs’ mitted all too often against individuals RANDALL MOODY, Association, National Spinal Cord Injury As- based on actual or perceived sexual orienta- Manager of Federal sociation, National Spiritual Assembly of tion, gender, gender identity, and disability. Advocacy. the Baha’is of the United States, National In particular, hate crimes based on sexual Therapeutic Recreation Society, National orientation are of grave concern. According RELIGIOUS ACTION CENTER Urban League, National Victim Center, Na- to the Federal Bureau of Investigation’s OF REFORM JUDAISM, tional Women’s Law Center, National Youth (FBI) Unified Crime Reports, approximately April 30, 2007. Advocacy Coalition, NOW—National Organi- 10,000 hate crime incidents based on sexual DEAR REPRESENTATIVE, On behalf of the zation for Women, NOW Legal Defense & orientation have been reported since 1998. Union for Reform Judaism, whose more than Education Fund, NETWORK, A National Consistently, since 1998, hates crimes based 900 congregations across North America en- Catholic Social Justice Lobby. on sexual orientation have ranked as the compass 1.5 million Reform Jews, I urge you Organization of Chinese Americans, ORT— third highest category of reported incidents to vote for H.R. 1592, the Local Law Enforce- Organization for Educational Resources and in the United States. These are just the sta- ment Hate Crimes Prevention Act of 2007 Technological Training, Paralyzed Veterans tistics. Behind these numbers are real (LLEHCPA). of America, Parents, Families and Friends of human beings—our son Matthew being one of All violent crimes are reprehensible, but Lesbians and Gays, People For the American them. Way, Police Executive Research Forum, Po- the damage done by hate crimes cannot be lice Foundation, Presbyterian Church (USA), measured solely in terms of physical injury Despite evidence of the grave reality of Washington Office, Pride at Work, Project or dollars and cents. Hate crimes rend the hate crimes, anti-gay political organizations Equality, Inc., Rainbow/PUSH Coalition, Re- fabric of our society and fragment commu- are spreading misinformation and lies. Many habilitation Engineering and Assistive Tech- nities; they target a whole group of people, members of Congress have been targeted by nology Society of North America, The Rab- not just the individual victim. By providing these organizations claiming that this legis- binical Assembly, Rock the Vote, Service new authority for federal officials to inves- lation would punish religious people for anti- Employees International Union—AFL–CIO, tigate and prosecute cases in which the vio- gay speech—dubbing this a ‘‘thought crimes Sikh American Legal Defense and Education lence occurs because of the victim’s real or bill.’’ Fund (SALDEF), Society for the Psycho- perceived sexual orientation, gender iden- These claims are completely false. This logical Study of Social Issues, South Asian tity, gender, or disability, the LLEHCP A legislation would grant local law enforce- American Leaders of Tomorrow (SAALT), will significantly strengthen the federal re- ment officials federal funds for the investiga- Southeast Asia Resource Action Center, sponse to these horrific crimes. tion and prosecution of violent crimes moti- Spina Bifida Association of America. This legislation only applies to bias-motivated out of prejudice and hate that result in Union of Reform Judaism, Union of vated crimes, and will not affect lawful pub- serious bodily injury and death. Claims that Needletrades, Industrial & Textile Employ- lic speech or preaching in any way. States the bill would punish preaching or other ees (UNITE), Unitarian Universalist Associa- will continue to play the primary role in ways of speaking out against homosexuality tion, United Church of Christ—Office of prosecuting bias-motivated violence, but the ring particularly hollow because the legisla- Church in Society, United Food and Com- LLEHCPA will allow the federal government tion was specifically crafted to prevent that. mercial Workers International Union, United to intervene in cases where local authorities Two separate provisions make clear that Methodist Church—General Commission on are either unable or unwilling to investigate speech unrelated to the violent crime under Religion and Race, The United States Con- and prosecute a criminal act as a hate crime. consideration could not be used to prove a ference of Mayors, United States Student As- Studies demonstrate that gay, lesbian, hate crime. This is about violent actions. sociation, United Synagogue of Conservative transgender, and disabled persons face a sig- As the parents of a young man killed sim- Judaism, The Woman Activist Fund, Inc., nificantly increased risk of violence and har- ply for being gay, we refuse to be silent and Women of Reform Judaism—Federation of assment based solely on these immutable let this bill be misconstrued by these organi- Temple Sisterhoods, Women Work!, Women’s characteristics. This long-overdue legisla- zations. Let each of us be mindful that the Alliance for Theology, Ethics & Ritual, tion would rightly classify violence based On only crime of thought we can commit this Women’s American ORT, YWCA of the USA. sexual orientation, gender identity, and dis- week would be to let these lies take our col- Updated February, 2007 ability as a hate crime under federal statute. lective sights off of this vital bill and the We cannot allow another Congress to slip by thousands of Americans who have lost their APRIL 30, 2007. without enactment of the Local Law En- lives to senseless hate violence. Hon. JAMES P. MCGOVERN, forcement Hate Crimes Prevention Act U.S. House of Representatives, Since Matthew’s death, while we have con- Washington, DC. As Jews, we cherish the biblical command- tinued our own personal grieving, we have DEAR CONGRESSMAN MCGOVERN: On behalf ment found in Leviticus 19:17: ‘‘You shall not met too many other parents who have lost of the National Education Association’s 3.2 hate another in your heart.’’ We know all too children in the same way we did. For all of million members, we would like to urge your well the dangers of unchecked persecution those parents, for our own family, and for support for the Local Law Enforcement Hate and of failing to recognize hate crimes for Matthew—we are calling on all members of Crimes Prevention Act (H.R. 1592), scheduled what they are: acts designed to victimize an the House of Representatives to vote YES on for floor debate this week. Votes associated entire community. We also take to heart the the H.R. 1592 and to resist any attempts to with these issues may be included in the commandment ‘‘You may not stand idly by kill this critical piece of legislation to pro- NEA Legislative Report Card for the 110th when your neighbor’s blood is being shed’’ tect all Americans from violence. If you have Congress. (Leviticus 19:16). Jewish tradition consist- any questions or would like additional infor- In spite of our nation’s substantial ad- ently teaches the importance of tolerance mation, please contact Brad Clark, Outreach vances toward equality over the past 40 and the acceptance of others. Inasmuch as & Advocacy Director, at (303) 830–7400 or years, prejudice and hatred continue to lead we value the pursuit of justice, we must ac- [email protected]. to violence. As educators, NEA members tively work to improve, open, and make Sincerely, share a commitment to protecting the civil safer our communities. JUDY SHEPARD, and human rights of our students and com- This bill has come far too close to becom- Executive Director. munities. We believe the federal government ing law for far too long. The Local Law En- DENNIS W. SHEPARD, must play a leadership role in confronting forcement Hate Crimes Prevention Act of Chairman, Board of criminal acts motivated by prejudice. 2007 is one of our organization’s top legisla- Directors.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.022 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4428 CONGRESSIONAL RECORD — HOUSE May 3, 2007 INTERNATIONAL UNION, UNITED with the intention of terrorizing a [Roll No. 296] AUTOMOBILE, AEROSPACE & AGRI- group of people or an entire commu- YEAS—217 CULTURAL IMPLEMENT WORKERS nity. Abercrombie Grijalva Neal (MA) OF AMERICA—UAW, Now, we’ve heard arguments from May 1, 2007. Ackerman Gutierrez Oberstar some on the other side that this bill Allen Hall (NY) Obey DEAR REPRESENTATIVE: This week the Altmire Hare House is scheduled to take up the Local Law somehow violates the first amendment. Olver In fact, the measure includes an ex- Andrews Harman Pallone Enforcement Hate Crimes Prevention Act of Arcuri Hastings (FL) Pascrell 2007 (H.R. 1592.) The UAW strongly supports plicit statement that the bill may not Baca Herseth Sandlin Pastor this hate crimes prevention legislation. We be interpreted as limiting first amend- Baird Higgins Payne urge you to vote for this vital legislation and ment protections language that is Baldwin Hill Perlmutter to oppose any weakening amendments. based on the existing Washington State Bean Hinchey Peterson (MN) This legislation would strengthen existing Becerra Hinojosa Pomeroy hate crime statute. The provision only Berkley Hodes federal hate crimes laws by removing unnec- Price (NC) applies when a person’s conduct, not Berman Holden essary obstacles to federal prosecution and Rahall thought or speech, is being punished. Bishop (GA) Holt Rangel providing authority for federal involvement Bishop (NY) Honda Reyes Mr. Speaker, the United States Su- Blumenauer Hooley in a wider category of bias-motivated Rodriguez preme Court has rejected the claim Boren Hoyer crimes. Specifically, H.R. 1592 would elimi- Rothman Boswell Inslee nate the current requirement that the crime that a hate crime law is a law against Roybal-Allard Boucher Israel must have been committed because of the thoughts. The Supreme Court recog- Ruppersberger Boyda (KS) Jackson (IL) victim’s involvement in a ‘‘federally pro- nized in Wisconsin v. Mitchell that it is Brady (PA) Jackson-Lee Rush tected activity,’’ such as voting, serving on a common to take motive into account Braley (IA) (TX) Ryan (OH) jury or attending public school. It would also Brown, Corrine Jefferson Salazar in criminal law. Sa´ nchez, Linda permit federal involvement in the prosecu- So to those of my colleagues who are Butterfield Johnson (GA) tion of bias-motivated crimes based on the Capps Kagen T. Sanchez, Loretta victim’s gender, sexual orientation or dis- worried about protecting bigoted Capuano Kanjorski speech, they can stop worrying because Cardoza Kaptur Sarbanes ability. Schakowsky This measure has repeatedly attracted ma- this bill, sadly, will not affect that Carnahan Kennedy Carney Kildee Schiff jority, bipartisan support in both the Senate kind of speech. Carson Kilpatrick Schwartz and the House. In the 109th Congress, the Now, some have argued that this law Castor Kind Scott (GA) House of Representatives approved the text is an unnecessary extension of the Fed- Chandler Klein (FL) Scott (VA) of this measure as an amendment to the eral Government. The bill provides sup- Clarke Kucinich Serrano Clay Langevin Sestak Children’s Safety Act by a vote of 223–199 on port and resources to assist local law September 14, 2005. In the 108th Congress, on Cleaver Lantos Shea-Porter enforcement agencies. The majority of Clyburn Larsen (WA) Sherman June 15, 2004, the Senate approved this meas- Cohen Larson (CT) Shuler ure as an amendment to the National De- hate crimes will still be prosecuted at the State level. The Federal Govern- Conyers Lee Sires fense Authorization Act for Fiscal Year 2005 Cooper Levin Skelton by a vote of 65–33. In September 2004, the ment only has jurisdiction in certainly Costa Lewis (GA) Slaughter House approved a motion to instruct its con- limited and extreme circumstances. Costello Lipinski Smith (WA) ferees to retain this provision in conference The Federal Government has the re- Courtney Loebsack Snyder by a vote of 213–186. Unfortunately, this leg- sponsibility, Mr. Speaker, to protect Cramer Lofgren, Zoe Solis islation was dropped from the final con- Crowley Lowey Space all Americans against bigotry and Cuellar Lynch Spratt ference report. against violent crime. Cummings Mahoney (FL) The UAW believes there is a need for a Stark So what we have before us, Mr. Davis (AL) Maloney (NY) Stupak strong federal response against hate crimes. Davis (CA) Markey Sutton Congress has an opportunity to provide lead- Speaker, is relatively simple; you ei- Davis (IL) Marshall ther support providing an expansion of Tauscher ership on this vital issue by acting to Davis, Lincoln Matheson Thompson (CA) strengthen the federal hate crimes statute. civil liberties and civil rights and civil DeFazio Matsui Thompson (MS) DeGette McCarthy (NY) We therefore urge you to support the Local protections under the law, or you Tierney Delahunt McCollum (MN) Towns Law Enforcement Hate Crimes Prevention don’t. So that is the question that my DeLauro McDermott Udall (CO) Act of 2007 (H.R. 1592) and to oppose any colleagues have to deal with. Dicks McGovern Udall (NM) weakening amendments. Dingell McIntyre I think the answer is simple. I think Van Hollen Thank you for considering our views on Doggett McNerney we should support this legislation. This Vela´ zquez this important issue. Donnelly McNulty is a good bill. It should enjoy biparti- Visclosky Sincerely, Doyle Meehan Edwards Meek (FL) Walz (MN) ALAN REUTHER, sanship support because it has in the Ellison Meeks (NY) Wasserman Legislative Director. past. I would urge all of my colleagues Schultz to support this rule and to support the Ellsworth Melancon Mr. MCGOVERN. Mr. Speaker, the Emanuel Michaud Waters Watson bill before us provides much needed bill. Eshoo Miller (NC) Mr. Speaker, I yield back the balance Etheridge Miller, George Watt support for local law enforcement of my time, and I move the previous Farr Mitchell Waxman agencies in the fight against violent Filner Mollohan Weiner question on the resolution. hate crimes. That’s why so many law Frank (MA) Moore (KS) Welch (VT) The SPEAKER pro tempore. The Wexler enforcement agencies all across the Giffords Moore (WI) question is on ordering the previous Gillibrand Murphy (CT) Wilson (OH) country are enthusiastically sup- question. Gonzalez Murphy, Patrick Woolsey porting this legislation. That’s why 31 The question was taken; and the Gordon Murtha Wu State Attorney Generals, including the Green, Al Nadler Wynn Speaker pro tempore announced that Green, Gene Napolitano Yarmuth Republican Attorney General from the the ayes appeared to have it. State of Washington, supports this bill. Mr. HASTINGS of Washington. Mr. NAYS—196 Victims have reported an average of Speaker, I object to the vote on the Aderholt Boozman Coble 191,000 hate crime incidents annually ground that a quorum is not present Akin Boustany Cole (OK) since the year 2000. Seventy-three per- Alexander Boyd (FL) Conaway and make the point of order that a Bachmann Brady (TX) Crenshaw cent of Americans support strength- quorum is not present. Bachus Brown (SC) Davis (KY) ening hate crimes laws. The SPEAKER pro tempore. Evi- Baker Brown-Waite, Davis, David This bill, as I said, is endorsed by vir- dently a quorum is not present. Barrett (SC) Ginny Davis, Tom tually every major law enforcement or- Barrow Buchanan Deal (GA) The Sergeant at Arms will notify ab- Bartlett (MD) Burgess Dent ganization in the country. The legisla- sent Members. Barton (TX) Burton (IN) Diaz-Balart, L. tion is also supported by President Pursuant to clause 9 of rule XX, the Berry Buyer Diaz-Balart, M. George H.W. Bush’s Attorney General, Chair will reduce to 5 minutes the min- Biggert Calvert Doolittle Bilbray Camp (MI) Drake Dick Thornburg. This legislation is vir- imum time for any electronic vote on Bilirakis Campbell (CA) Dreier tually identical to the version ap- the question of adoption of the resolu- Bishop (UT) Cannon Duncan proved by a bipartisan majority in the tion. Blackburn Cantor Ehlers Republican-led 109th Congress. The vote was taken by electronic de- Blunt Capito Emerson Boehner Carter English (PA) Hate crimes affect more than one in- vice, and there were—yeas 217, nays Bonner Castle Everett dividual, Mr. Speaker. It is committed 196, not voting 19, as follows: Bono Chabot Fallin

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.024 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4429 Feeney LaTourette Rogers (AL) Bishop (NY) Hinojosa Pallone Jindal Miller (FL) Saxton Ferguson Lewis (CA) Rogers (KY) Blumenauer Hirono Pascrell Johnson (IL) Miller (MI) Schmidt Flake Lewis (KY) Rogers (MI) Boren Hodes Pastor Johnson, Sam Miller, Gary Sensenbrenner Forbes Linder Rohrabacher Boswell Holden Payne Jones (NC) Moran (KS) Sessions Fortenberry LoBiondo Ros-Lehtinen Boyda (KS) Holt Perlmutter Jordan Murphy, Tim Shadegg Fossella Lucas Roskam Brady (PA) Honda Peterson (MN) Keller Musgrave Shays Foxx Lungren, Daniel Ross Braley (IA) Hooley Pomeroy King (IA) Myrick Shimkus Franks (AZ) E. Royce Brown, Corrine Hoyer Price (NC) King (NY) Neugebauer Shuler Frelinghuysen Mack Ryan (WI) Butterfield Inslee Rahall Kingston Nunes Shuster Gallegly Manzullo Sali Capps Israel Rangel Kirk Pearce Simpson Garrett (NJ) Marchant Saxton Capuano Jackson (IL) Reyes Kline (MN) Pence Smith (NE) Gerlach McCarthy (CA) Schmidt Cardoza Jackson-Lee Rodriguez Knollenberg Peterson (PA) Smith (NJ) Gilchrest McCaul (TX) Sensenbrenner Carnahan (TX) Rothman Kuhl (NY) Petri Smith (TX) Gillmor McCotter Sessions Carson Jefferson Roybal-Allard LaHood Pickering Souder Gohmert McCrery Shadegg Castor Johnson (GA) Ruppersberger Lamborn Pitts Stearns Goode McHenry Shays Chandler Kagen Rush Latham Platts Sullivan Goodlatte McHugh Shimkus Clarke Kanjorski Ryan (OH) LaTourette Poe Taylor Granger McKeon Shuster Clay Kaptur Salazar Lewis (CA) Porter Terry Hall (TX) Mica Simpson Cleaver Kennedy Sa´ nchez, Linda Lewis (KY) Price (GA) Thornberry Hastert Miller (FL) Smith (NE) Clyburn Kildee T. Linder Pryce (OH) Tiahrt Hastings (WA) Miller (MI) Smith (NJ) Cohen Kilpatrick Sanchez, Loretta LoBiondo Putnam Tiberi Hayes Miller, Gary Smith (TX) Conyers Kind Sarbanes Lucas Ramstad Turner Heller Moran (KS) Souder Cooper Klein (FL) Schakowsky Lungren, Daniel Regula Upton Hensarling Murphy, Tim Stearns Costa Kucinich Schiff E. Rehberg Walberg Herger Musgrave Sullivan Costello Langevin Schwartz Mack Reichert Walden (OR) Hobson Myrick Taylor Courtney Lantos Scott (GA) Mahoney (FL) Renzi Walsh (NY) Hoekstra Neugebauer Terry Cramer Larsen (WA) Scott (VA) Manzullo Reynolds Wamp Hulshof Nunes Thornberry Crowley Larson (CT) Serrano Marchant Rogers (AL) Weldon (FL) Inglis (SC) Pearce Tiahrt Cuellar Lee Sestak McCarthy (CA) Rogers (KY) Weller Issa Pence Tiberi Cummings Levin Shea-Porter McCaul (TX) Rogers (MI) Westmoreland Jindal Peterson (PA) Turner Davis (AL) Lewis (GA) Sherman McCotter Rohrabacher Whitfield Johnson (IL) Petri Upton Davis (CA) Lipinski Sires McCrery Ros-Lehtinen Wicker Johnson, Sam Pickering Walberg Davis (IL) Loebsack Skelton McHenry Roskam Wilson (NM) Jones (NC) Pitts Walden (OR) Davis, Lincoln Lofgren, Zoe Slaughter McHugh Ross Wilson (SC) Jordan Platts Walsh (NY) DeFazio Lowey Smith (WA) McIntyre Royce Wolf Keller Poe Wamp DeGette Lynch Snyder McKeon Ryan (WI) Young (AK) King (IA) Porter Weldon (FL) Delahunt Maloney (NY) Solis Mica Sali Young (FL) King (NY) Price (GA) Weller DeLauro Markey Space Kingston Pryce (OH) Westmoreland Dicks Marshall Spratt NOT VOTING—20 Kirk Putnam Whitfield Dingell Matheson Stark Boucher Heller Ortiz Kline (MN) Ramstad Wicker Doggett Matsui Stupak Cubin Hunter Paul Knollenberg Regula Wilson (NM) Donnelly McCarthy (NY) Sutton Culberson Johnson, E. B. Radanovich Kuhl (NY) Rehberg Wilson (SC) Doyle McCollum (MN) Tauscher Davis, Jo Ann Jones (OH) Tancredo LaHood Reichert Wolf Edwards McDermott Thompson (CA) Engel Lampson Tanner Lamborn Renzi Young (AK) Ellison McGovern Thompson (MS) Fattah McMorris Latham Reynolds Young (FL) Emanuel McNerney Tierney Gingrey Rodgers Eshoo McNulty Towns Graves Moran (VA) NOT VOTING—19 Etheridge Meehan Udall (CO) Cubin Hirono Moran (VA) Farr Meek (FL) Udall (NM) b 1134 Culberson Hunter Ortiz Filner Meeks (NY) Van Hollen Mrs. BOYDA of Kansas changed her Davis, Jo Ann Johnson, E. B. Paul Frank (MA) Melancon Vela´ zquez Engel Jones (OH) Radanovich Giffords Michaud Visclosky vote from ‘‘no’’ to ‘‘aye.’’ Fattah Lampson Tancredo Gillibrand Miller (NC) Walz (MN) So the resolution was agreed to. Gingrey McMorris Tanner Gonzalez Miller, George Wasserman The result of the vote was announced Graves Rodgers Gordon Mitchell Schultz Green, Al Mollohan Waters as above recorded. b 1124 Green, Gene Moore (KS) Watson A motion to reconsider was laid on Grijalva Moore (WI) Watt the table. Mr. DUNCAN, Ms. PRYCE of Ohio, Gutierrez Murphy (CT) Waxman Mr. CONYERS. Mr. Speaker, pursu- and Mr. BURGESS changed their vote Hall (NY) Murphy, Patrick Weiner ant to House Resolution 364, I call up from ‘‘yea’’ to ‘‘nay.’’ Hare Murtha Welch (VT) Harman Nadler Wexler the bill (H.R. 1592) to provide Federal So the previous question was ordered. Hastings (FL) Napolitano Wilson (OH) assistance to States, local jurisdic- The result of the vote was announced Herseth Sandlin Neal (MA) Woolsey tions, and Indian tribes to prosecute as above recorded. Higgins Oberstar Wu hate crimes, and for other purposes, Stated for: Hill Obey Wynn Hinchey Olver Yarmuth and ask for its immediate consider- Ms. HIRONO. Mr. Speaker, on rollcall No. ation. NOES—199 296, I was attending a hearing on S. 310, the The Clerk read the title of the bill. Native Hawaiian Government Reorganization Aderholt Calvert Fallin The text of the bill is as follows: Act of 2007 and missed this vote. Had I been Akin Camp (MI) Feeney H.R. 1592 present, I would have voted ‘‘yea.’’ Alexander Campbell (CA) Ferguson Bachmann Cannon Flake The SPEAKER pro tempore. The Be it enacted by the Senate and House of Rep- Bachus Cantor Forbes resentatives of the United States of America in question is on the resolution. Baker Capito Fortenberry Congress assembled, The question was taken; and the Barrett (SC) Carney Fossella Speaker pro tempore announced that Bartlett (MD) Carter Foxx SECTION 1. SHORT TITLE. Barton (TX) Castle Franks (AZ) This Act may be cited as the ‘‘Local Law the ayes appeared to have it. Berry Chabot Frelinghuysen Enforcement Hate Crimes Prevention Act of RECORDED VOTE Biggert Coble Gallegly 2007’’. Bilbray Cole (OK) Garrett (NJ) Mr. HASTINGS of Washington. Mr. Bilirakis Conaway Gerlach SEC. 2. FINDINGS. Speaker, I demand a recorded vote. Bishop (UT) Crenshaw Gilchrest Congress makes the following findings: A recorded vote was ordered. Blackburn Davis (KY) Gillmor (1) The incidence of violence motivated by The SPEAKER pro tempore. This Blunt Davis, David Gohmert the actual or perceived race, color, religion, Boehner Davis, Tom Goode national origin, gender, sexual orientation, will be a 5-minute vote. Bonner Deal (GA) Goodlatte gender identity, or disability of the victim The vote was taken by electronic de- Bono Dent Granger poses a serious national problem. vice, and there were—ayes 213, noes 199, Boozman Diaz-Balart, L. Hall (TX) Boustany Diaz-Balart, M. Hastert (2) Such violence disrupts the tranquility not voting 20, as follows: Boyd (FL) Doolittle Hastings (WA) and safety of communities and is deeply divi- [Roll No. 297] Brady (TX) Drake Hayes sive. Brown (SC) Dreier Hensarling AYES—213 (3) State and local authorities are now and Brown-Waite, Duncan Herger will continue to be responsible for pros- Abercrombie Arcuri Bean Ginny Ehlers Hobson Ackerman Baca Becerra Buchanan Ellsworth Hoekstra ecuting the overwhelming majority of vio- Allen Baird Berkley Burgess Emerson Hulshof lent crimes in the United States, including Altmire Baldwin Berman Burton (IN) English (PA) Inglis (SC) violent crimes motivated by bias. These au- Andrews Barrow Bishop (GA) Buyer Everett Issa thorities can carry out their responsibilities

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more effectively with greater Federal assist- (1) IN GENERAL.—At the request of State, (7) AUTHORIZATION OF APPROPRIATIONS.— ance. local, or Tribal law enforcement agency, the There is authorized to be appropriated to (4) Existing Federal law is inadequate to Attorney General may provide technical, fo- carry out this subsection $5,000,000 for each address this problem. rensic, prosecutorial, or any other form of of fiscal years 2008 and 2009. (5) A prominent characteristic of a violent assistance in the criminal investigation or SEC. 5. GRANT PROGRAM. crime motivated by bias is that it devastates prosecution of any crime that— (a) AUTHORITY TO AWARD GRANTS.—The Of- not just the actual victim and the family (A) constitutes a crime of violence; fice of Justice Programs of the Department and friends of the victim, but frequently sav- (B) constitutes a felony under the State, of Justice may award grants, in accordance ages the community sharing the traits that local, or Tribal laws; and with such regulations as the Attorney Gen- caused the victim to be selected. (C) is motivated by prejudice based on the eral may prescribe, to State, local, or Tribal (6) Such violence substantially affects actual or perceived race, color, religion, na- programs designed to combat hate crimes interstate commerce in many ways, includ- tional origin, gender, sexual orientation, committed by juveniles, including programs ing the following: gender identity, or disability of the victim, to train local law enforcement officers in (A) The movement of members of targeted or is a violation of the State, local, or Tribal identifying, investigating, prosecuting, and groups is impeded, and members of such hate crime laws. preventing hate crimes. groups are forced to move across State lines (2) PRIORITY.—In providing assistance (b) AUTHORIZATION OF APPROPRIATIONS.— to escape the incidence or risk of such vio- under paragraph (1), the Attorney General There are authorized to be appropriated such lence. shall give priority to crimes committed by sums as may be necessary to carry out this (B) Members of targeted groups are pre- offenders who have committed crimes in section. vented from purchasing goods and services, more than one State and to rural jurisdic- SEC. 6. AUTHORIZATION FOR ADDITIONAL PER- obtaining or sustaining employment, or par- tions that have difficulty covering the ex- SONNEL TO ASSIST STATE, LOCAL, ticipating in other commercial activity. traordinary expenses relating to the inves- AND TRIBAL LAW ENFORCEMENT. (C) Perpetrators cross State lines to com- tigation or prosecution of the crime. There are authorized to be appropriated to mit such violence. the Department of the Treasury and the De- (b) GRANTS.— (D) Channels, facilities, and instrumental- partment of Justice, including the Commu- (1) IN GENERAL.—The Attorney General ities of interstate commerce are used to fa- nity Relations Service, for fiscal years 2008, cilitate the commission of such violence. may award grants to State, local, and Indian law enforcement agencies for extraordinary 2009, and 2010 such sums as are necessary to (E) Such violence is committed using arti- increase the number of personnel to prevent cles that have traveled in interstate com- expenses associated with the investigation and prosecution of hate crimes. and respond to alleged violations of section merce. 249 of title 18, United States Code, as added (7) For generations, the institutions of (2) OFFICE OF JUSTICE PROGRAMS.—In implementing the grant program under this sub- by section 7 of this Act. slavery and involuntary servitude were de- SEC. 7. PROHIBITION OF CERTAIN HATE CRIME fined by the race, color, and ancestry of section, the Office of Justice Programs shall work closely with grantees to ensure that ACTS. those held in bondage. Slavery and involun- (a) IN GENERAL.—Chapter 13 of title 18, tary servitude were enforced, both prior to the concerns and needs of all affected parties, including community groups and United States Code, is amended by adding at and after the adoption of the 13th amend- the end the following: ment to the Constitution of the United schools, colleges, and universities, are ad- ‘‘§ 249. Hate crime acts States, through widespread public and pri- dressed through the local infrastructure de- vate violence directed at persons because of veloped under the grants. ‘‘(a) IN GENERAL.— their race, color, or ancestry, or perceived (3) APPLICATION.— ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- race, color, or ancestry. Accordingly, elimi- (A) IN GENERAL.—Each State, local, and In- CEIVED RACE, COLOR, RELIGION, OR NATIONAL nating racially motivated violence is an im- dian law enforcement agency that desires a ORIGIN.—Whoever, whether or not acting portant means of eliminating, to the extent grant under this subsection shall submit an under color of law, willfully causes bodily in- possible, the badges, incidents, and relics of application to the Attorney General at such jury to any person or, through the use of slavery and involuntary servitude. time, in such manner, and accompanied by fire, a firearm, or an explosive or incendiary (8) Both at the time when the 13th, 14th, or containing such information as the Attor- device, attempts to cause bodily injury to and 15th amendments to the Constitution of ney General shall reasonably require. any person, because of the actual or per- the United States were adopted, and con- (B) DATE FOR SUBMISSION.—Applications ceived race, color, religion, or national ori- tinuing to date, members of certain religious submitted pursuant to subparagraph (A) gin of any person— and national origin groups were and are per- shall be submitted during the 60-day period ‘‘(A) shall be imprisoned not more than 10 ceived to be distinct ‘‘races’’. Thus, in order beginning on a date that the Attorney Gen- years, fined in accordance with this title, or to eliminate, to the extent possible, the eral shall prescribe. both; and badges, incidents, and relics of slavery, it is (C) REQUIREMENTS.—A State, local, and In- ‘‘(B) shall be imprisoned for any term of necessary to prohibit assaults on the basis of dian law enforcement agency applying for a years or for life, fined in accordance with real or perceived religions or national ori- grant under this subsection shall— this title, or both, if— gins, at least to the extent such religions or (i) describe the extraordinary purposes for ‘‘(i) death results from the offense; or national origins were regarded as races at which the grant is needed; ‘‘(ii) the offense includes kidnaping or an the time of the adoption of the 13th, 14th, (ii) certify that the State, local govern- attempt to kidnap, aggravated sexual abuse and 15th amendments to the Constitution of ment, or Indian tribe lacks the resources or an attempt to commit aggravated sexual the United States. necessary to investigate or prosecute the abuse, or an attempt to kill. (9) Federal jurisdiction over certain vio- hate crime; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- lent crimes motivated by bias enables Fed- (iii) demonstrate that, in developing a plan CEIVED RELIGION, NATIONAL ORIGIN, GENDER, eral, State, and local authorities to work to- to implement the grant, the State, local, and SEXUAL ORIENTATION, GENDER IDENTITY, OR gether as partners in the investigation and Indian law enforcement agency has con- DISABILITY.— prosecution of such crimes. sulted and coordinated with nonprofit, non- ‘‘(A) IN GENERAL.—Whoever, whether or not (10) The problem of crimes motivated by governmental victim services programs that acting under color of law, in any cir- bias is sufficiently serious, widespread, and have experience in providing services to vic- cumstance described in subparagraph (B), interstate in nature as to warrant Federal tims of hate crimes; and willfully causes bodily injury to any person assistance to States, local jurisdictions, and (iv) certify that any Federal funds received or, through the use of fire, a firearm, or an Indian tribes. under this subsection will be used to supple- explosive or incendiary device, attempts to SEC. 3. DEFINITION OF HATE CRIME. ment, not supplant, non-Federal funds that cause bodily injury to any person, because of In this Act— would otherwise be available for activities the actual or perceived religion, national or- (1) the term ‘‘crime of violence’’ has the funded under this subsection. igin, gender, sexual orientation, gender iden- meaning given that term in section 16, title (4) DEADLINE.—An application for a grant tity or disability of any person— 18, United States Code; under this subsection shall be approved or ‘‘(i) shall be imprisoned not more than 10 (2) the term ‘‘hate crime’’ has the meaning denied by the Attorney General not later years, fined in accordance with this title, or given such term in section 280003(a) of the than 30 business days after the date on which both; and Violent Crime Control and Law Enforcement the Attorney General receives the applica- ‘‘(ii) shall be imprisoned for any term of Act of 1994 (28 U.S.C. 994 note); and tion. years or for life, fined in accordance with (3) the term ‘‘local’’ means a county, city, (5) GRANT AMOUNT.—A grant under this this title, or both, if— town, township, parish, village, or other gen- subsection shall not exceed $100,000 for any ‘‘(I) death results from the offense; or eral purpose political subdivision of a State. single jurisdiction in any 1-year period. ‘‘(II) the offense includes kidnaping or an (6) REPORT.—Not later than December 31, attempt to kidnap, aggravated sexual abuse SEC. 4. SUPPORT FOR CRIMINAL INVESTIGA- TIONS AND PROSECUTIONS BY 2008, the Attorney General shall submit to or an attempt to commit aggravated sexual STATE, LOCAL, AND TRIBAL LAW EN- Congress a report describing the applications abuse, or an attempt to kill. FORCEMENT OFFICIALS. submitted for grants under this subsection, ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- (a) ASSISTANCE OTHER THAN FINANCIAL AS- the award of such grants, and the purposes poses of subparagraph (A), the circumstances SISTANCE.— for which the grant amounts were expended. described in this subparagraph are that—

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.008 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4431 ‘‘(i) the conduct described in subparagraph and crimes directed against, juveniles’’ after plication to the Attorney General at such time, (A) occurs during the course of, or as the re- ‘‘data acquired under this section’’. in such manner, and accompanied by or consult of, the travel of the defendant or the SEC. 9. SEVERABILITY. taining such information as the Attorney Gen- victim— If any provision of this Act, an amendment eral shall reasonably require. ‘‘(I) across a State line or national border; made by this Act, or the application of such (B) DATE FOR SUBMISSION.—Applications sub- or provision or amendment to any person or mitted pursuant to subparagraph (A) shall be ‘‘(II) using a channel, facility, or instru- circumstance is held to be unconstitutional, submitted during the 60-day period beginning on mentality of interstate or foreign commerce; the remainder of this Act, the amendments a date that the Attorney General shall prescribe. ‘‘(ii) the defendant uses a channel, facility, made by this Act, and the application of the (C) REQUIREMENTS.—A State, local, and In- or instrumentality of interstate or foreign provisions of such to any person or cir- dian law enforcement agency applying for a commerce in connection with the conduct cumstance shall not be affected thereby. grant under this subsection shall— described in subparagraph (A); (i) describe the extraordinary purposes for ‘‘(iii) in connection with the conduct de- The SPEAKER pro tempore (Mr. which the grant is needed; scribed in subparagraph (A), the defendant MCNULTY). Pursuant to House Resolu- (ii) certify that the State, local government, or employs a firearm, explosive or incendiary tion 364, the amendment in the nature Indian tribe lacks the resources necessary to in- device, or other weapon that has traveled in of a substitute printed in the bill, vestigate or prosecute the hate crime; interstate or foreign commerce; or modified by the amendment printed in (iii) demonstrate that, in developing a plan to ‘‘(iv) the conduct described in subpara- House Report 110–120, is adopted and implement the grant, the State, local, and In- graph (A)— the bill, as amended, is considered dian law enforcement agency has consulted and ‘‘(I) interferes with commercial or other coordinated with nonprofit, nongovernmental read. violence recovery service programs that have ex- economic activity in which the victim is en- The text of the bill, as amended, is as gaged at the time of the conduct; or perience in providing services to victims of hate ‘‘(II) otherwise affects interstate or foreign follows: crimes; and commerce. H.R. 1592 (iv) certify that any Federal funds received ‘‘(b) CERTIFICATION REQUIREMENT.—No Be it enacted by the Senate and House of Rep- under this subsection will be used to supple- prosecution of any offense described in this resentatives of the United States of America in ment, not supplant, non-Federal funds that subsection may be undertaken by the United Congress assembled, would otherwise be available for activities funded under this subsection. States, except under the certification in SECTION 1. SHORT TITLE. writing of the Attorney General, the Deputy (4) DEADLINE.—An application for a grant This Act may be cited as the ‘‘Local Law En- under this subsection shall be approved or de- Attorney General, the Associate Attorney forcement Hate Crimes Prevention Act of 2007’’. General, or any Assistant Attorney General nied by the Attorney General not later than 30 specially designated by the Attorney General SEC. 2. DEFINITION OF HATE CRIME. business days after the date on which the Attor- that— In this Act— ney General receives the application. ‘‘(1) such certifying individual has reason- (1) the term ‘‘crime of violence’’ has the mean- (5) GRANT AMOUNT.—A grant under this sub- able cause to believe that the actual or pering given that term in section 16, title 18, United section shall not exceed $100,000 for any single ceived race, color, religion, national origin, States Code; jurisdiction in any 1-year period. gender, sexual orientation, gender identity, (2) the term ‘‘hate crime’’ has the meaning (6) REPORT.—Not later than December 31, or disability of any person was a motivating given such term in section 280003(a) of the Vio- 2008, the Attorney General shall submit to Con- factor underlying the alleged conduct of the lent Crime Control and Law Enforcement Act of gress a report describing the applications sub- defendant; and 1994 (28 U.S.C. 994 note); and mitted for grants under this subsection, the ‘‘(2) such certifying individual has con- (3) the term ‘‘local’’ means a county, city, award of such grants, and the purposes for sulted with State or local law enforcement town, township, parish, village, or other general which the grant amounts were expended. officials regarding the prosecution and deter- purpose political subdivision of a State. (7) AUTHORIZATION OF APPROPRIATIONS.— mined that— SEC. 3. SUPPORT FOR CRIMINAL INVESTIGA- There is authorized to be appropriated to carry ‘‘(A) the State does not have jurisdiction TIONS AND PROSECUTIONS BY out this subsection $5,000,000 for each of fiscal STATE, LOCAL, AND TRIBAL LAW EN- years 2008 and 2009. or does not intend to exercise jurisdiction; FORCEMENT OFFICIALS. ‘‘(B) the State has requested that the Fed- SEC. 4. GRANT PROGRAM. (a) ASSISTANCE OTHER THAN FINANCIAL AS- eral Government assume jurisdiction; (a) AUTHORITY TO AWARD GRANTS.—The Of- SISTANCE.— ‘‘(C) the State does not object to the Fed- fice of Justice Programs of the Department of (1) IN GENERAL.—At the request of State, local, Justice may award grants, in accordance with eral Government assuming jurisdiction; or or Tribal law enforcement agency, the Attorney such regulations as the Attorney General may ‘‘(D) the verdict or sentence obtained pur- General may provide technical, forensic, pros- prescribe, to State, local, or Tribal programs de- suant to State charges left demonstratively ecutorial, or any other form of assistance in the signed to combat hate crimes committed by juve- unvindicated the Federal interest in eradi- criminal investigation or prosecution of any niles, including programs to train local law en- cating bias-motivated violence. crime that— forcement officers in identifying, investigating, ‘‘(c) DEFINITIONS.—In this section— (A) constitutes a crime of violence; prosecuting, and preventing hate crimes. ‘‘(1) the term ‘explosive or incendiary de- (B) constitutes a felony under the State, local, (b) AUTHORIZATION OF APPROPRIATIONS.— vice’ has the meaning given such term in or Tribal laws; and There are authorized to be appropriated such section 232 of this title; (C) is motivated by prejudice based on the ac- sums as may be necessary to carry out this sec- ‘‘(2) the term ‘firearm’ has the meaning tual or perceived race, color, religion, national tion. given such term in section 921(a) of this title; origin, gender, sexual orientation, gender iden- and tity, or disability of the victim, or is a violation SEC. 5. AUTHORIZATION FOR ADDITIONAL PER- SONNEL TO ASSIST STATE, LOCAL, ‘‘(3) the term ‘gender identity’ for the pur- of the State, local, or Tribal hate crime laws. poses of this chapter means actual or per- AND TRIBAL LAW ENFORCEMENT. (2) PRIORITY.—In providing assistance under ceived gender-related characteristics. There are authorized to be appropriated to the paragraph (1), the Attorney General shall give Department of Justice, including the Community ‘‘(d) RULE OF EVIDENCE.—In a prosecution priority to crimes committed by offenders who for an offense under this section, evidence of Relations Service, for fiscal years 2008, 2009, and have committed crimes in more than one State 2010 such sums as are necessary to increase the expression or associations of the defendant and to rural jurisdictions that have difficulty may not be introduced as substantive evi- number of personnel to prevent and respond to covering the extraordinary expenses relating to alleged violations of section 249 of title 18, dence at trial, unless the evidence specifi- the investigation or prosecution of the crime. cally relates to that offense. However, noth- United States Code, as added by section 7 of this (b) GRANTS.— ing in this section affects the rules of evi- Act. (1) IN GENERAL.—The Attorney General may dence governing impeachment of a witness.’’. award grants to State, local, and Indian law en- SEC. 6. PROHIBITION OF CERTAIN HATE CRIME (b) TECHNICAL AND CONFORMING AMEND- ACTS. forcement agencies for extraordinary expenses MENT.—The analysis for chapter 13 of title 18, (a) IN GENERAL.—Chapter 13 of title 18, associated with the investigation and prosecu- United States Code, is amended by adding at United States Code, is amended by adding at the tion of hate crimes. the end the following: end the following: (2) OFFICE OF JUSTICE PROGRAMS.—In imple- ‘‘249. Hate crime acts.’’. menting the grant program under this sub- ‘‘§ 249. Hate crime acts SEC. 8. STATISTICS. section, the Office of Justice Programs shall ‘‘(a) IN GENERAL.— (a) IN GENERAL.—Subsection (b)(1) of the work closely with grantees to ensure that the ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- first section of the Hate Crimes Statistics concerns and needs of all affected parties, in- CEIVED RACE, COLOR, RELIGION, OR NATIONAL OR- Act (28 U.S.C. 534 note) is amended by insert- cluding community groups and schools, colleges, IGIN.—Whoever, whether or not acting under ing ‘‘gender and gender identity,’’ after and universities, are addressed through the color of law, willfully causes bodily injury to ‘‘race,’’. local infrastructure developed under the grants. any person or, through the use of fire, a fire- (b) DATA.—Subsection (b)(5) of the first (3) APPLICATION.— arm, or an explosive or incendiary device, at- section of the Hate Crimes Statistics Act (28 (A) IN GENERAL.—Each State, local, and In- tempts to cause bodily injury to any person, be- U.S.C. 534 note) is amended by inserting ‘‘, dian law enforcement agency that desires a cause of the actual or perceived race, color, reli- including data about crimes committed by, grant under this subsection shall submit an ap- gion, or national origin of any person—

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A03MY7.008 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4432 CONGRESSIONAL RECORD — HOUSE May 3, 2007 ‘‘(A) shall be imprisoned not more than 10 ‘‘(c) DEFINITIONS.—In this section— Hate crimes are disturbingly preva- years, fined in accordance with this title, or ‘‘(1) the term ‘explosive or incendiary device’ lent and pose a significant threat to both; and has the meaning given such term in section 232 the full participation of all Americans ‘‘(B) shall be imprisoned for any term of years of this title; in our democratic society. It just so or for life, fined in accordance with this title, or ‘‘(2) the term ‘firearm’ has the meaning given both, if— such term in section 921(a) of this title; and happens that we documented 113,000 ‘‘(i) death results from the offense; or ‘‘(3) the term ‘gender identity’ for the pur- hate crimes by the Federal Bureau of ‘‘(ii) the offense includes kidnaping or an at- poses of this chapter means actual or perceived Investigation, and in the year 2005, the tempt to kidnap, aggravated sexual abuse or an gender-related characteristics. most current data available, the FBI attempt to commit aggravated sexual abuse, or ‘‘(d) RULE OF EVIDENCE.—In a prosecution for compiled reports on law enforcement an attempt to kill. an offense under this section, evidence of ex- agencies across the country, identi- pression or associations of the defendant may ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- fying 7,163 bias-motivated criminal in- CEIVED RELIGION, NATIONAL ORIGIN, GENDER, not be introduced as substantive evidence at trial, unless the evidence specifically relates to cidents. SEXUAL ORIENTATION, GENDER IDENTITY, OR DIS- The fact of the matter that is known ABILITY.— that offense. However, nothing in this section ‘‘(A) IN GENERAL.—Whoever, whether or not affects the rules of evidence governing impeach- to law enforcement is that hate crime acting under color of law, in any circumstance ment of a witness.’’. incidents are notoriously under- described in subparagraph (B), willfully causes (b) TECHNICAL AND CONFORMING AMEND- reported; and so we come here today to bodily injury to any person or, through the use MENT.—The table of sections at the beginning of take the civil rights laws that we have of fire, a firearm, or an explosive or incendiary chapter 13 of title 18, United States Code, is passed across the years to the last, device, attempts to cause bodily injury to any amended by adding at the end the following final extent, to crimes of violence new item: person, because of the actual or perceived reli- based on the hate of the individual, in- gion, national origin, gender, sexual orienta- ‘‘249. Hate crime acts.’’. tended to intimidate the class or group tion, gender identity or disability of any per- SEC. 7. SEVERABILITY. son— that that individual comes from. If any provision of this Act, an amendment We have a strong bill. We have more ‘‘(i) shall be imprisoned not more than 10 made by this Act, or the application of such pro- years, fined in accordance with this title, or vision or amendment to any person or cir- supporters than ever in the Congress both; and cumstance is held to be unconstitutional, the re- and in the national community, and we ‘‘(ii) shall be imprisoned for any term of years mainder of this Act, the amendments made by know that the current law limits Fed- or for life, fined in accordance with this title, or this Act, and the application of the provisions of eral jurisdiction over hate crimes both, if— such to any person or circumstance shall not be against individuals on the basis of race, ‘‘(I) death results from the offense; or affected thereby. religion, color or national origin, but ‘‘(II) the offense includes kidnaping or an at- SEC. 8. RULE OF CONSTRUCTION. tempt to kidnap, aggravated sexual abuse or an only when the victim is targeted be- Nothing in this Act, or the amendments made cause he or she is engaged in a Federal attempt to commit aggravated sexual abuse, or by this Act, shall be construed to prohibit any an attempt to kill. protected activity, such as voting. expressive conduct protected from legal prohibi- Further, the existing statutes do not ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- tion by, or any activities protected by the free poses of subparagraph (A), the circumstances speech or free exercise clauses of, the First permit Federal involvement in a range described in this subparagraph are that— Amendment to the Constitution. of cases where the crimes are moti- ‘‘(i) the conduct described in subparagraph vated by bias against the victims’ ac- The SPEAKER pro tempore. The gen- (A) occurs during the course of, or as the result tual or perceived sexual orientation, tleman from Michigan (Mr. CONYERS) of, the travel of the defendant or the victim— gender, gender identity or disability. ‘‘(I) across a State line or national border; or and the gentleman from Texas (Mr. This legislation, identical to the ‘‘(II) using a channel, facility, or instrumen- SMITH) each will control 30 minutes. version approved in the 109th Congress, tality of interstate or foreign commerce; The Chair recognizes the gentleman will strengthen existing Federal law in ‘‘(ii) the defendant uses a channel, facility, or from Michigan. instrumentality of interstate or foreign com- the same way that the Church Arson GENERAL LEAVE merce in connection with the conduct described Prevention Act of 1996 helped Federal in subparagraph (A); Mr. CONYERS. Mr. Speaker, I ask prosecutors combat church arson, by ‘‘(iii) in connection with the conduct described unanimous consent that all Members addressing the rigid jurisdictional rein subparagraph (A), the defendant employs a have 5 legislative days in which to requirements under Federal law and ex- firearm, explosive or incendiary device, or other vise and extend their remarks on H.R. pand the jurisdiction to crimes moti- weapon that has traveled in interstate or for- 1592. eign commerce; or vated by bias against the victim’s ac- The SPEAKER pro tempore. Is there tual or perceived sexual orientation, ‘‘(iv) the conduct described in subparagraph objection to the request of the gen- (A)— gender, gender identity or disability. ‘‘(I) interferes with commercial or other eco- tleman from Michigan? This bill only applies to bias-moti- nomic activity in which the victim is engaged at There was no objection. vated crimes of violence. It does not the time of the conduct; or Mr. CONYERS. Mr. Speaker, I yield impinge on public speech or writing in ‘‘(II) otherwise affects interstate or foreign myself such time as I may consume. any way. In fact, the measure improves commerce. Mr. Speaker, the hate crimes bill, two explicit first amendment free ‘‘(b) CERTIFICATION REQUIREMENT.—No pros- H.R. 1592, will provide assistance to speech protections for the accused, and ecution of any offense described in this sub- State and local enforcement agencies section may be undertaken by the United States, we want you to know that there are no and amend Federal law to facilitate first amendment disabilities about this except under the certification in writing of the the investigation and prosecution of Attorney General, the Deputy Attorney General, measure in any way. As a personal ad- the Associate Attorney General, or any Assist- violent, bias-motivated crimes. vocate of the first amendment, I can ant Attorney General specially designated by Last Congress, this legislation passed assure you that that would be the last the Attorney General that— with a bipartisan vote, and it also thing that would be allowed to be in ‘‘(1) such certifying individual has reasonable passed in the 108th Congress and the this bill. cause to believe that the actual or perceived 106th Congress. So we have the same What we are saying now is that a race, color, religion, national origin, gender, bill before us that we had in the 109th vote for this bill is not a vote in favor sexual orientation, gender identity, or disability Congress. of any particular sexual belief or char- of any person was a motivating factor under- This legislation has attracted the acteristic. It is a vote, rather, to pro- lying the alleged conduct of the defendant; and support of over 211 civil rights organi- ‘‘(2) such certifying individual has consulted vide basic rights for and protection for with State or local law enforcement officials re- zations, educational institutions, reli- individuals so that they are protected garding the prosecution and determined that— gious organizations, civic groups; and from assaults based on their sexual ori- ‘‘(A) the State does not have jurisdiction or importantly, virtually every major law entation. does not intend to exercise jurisdiction; enforcement organization in the coun- But the majority of incidents re- ‘‘(B) the State has requested that the Federal try has endorsed the bill, including the ported on racially motivated crimes, 54 Government assume jurisdiction; International Association of Chiefs of percent, are based on racially moti- ‘‘(C) the State does not object to the Federal Police, the National District Attorneys Government assuming jurisdiction; or vated crimes, 17 percent on religious ‘‘(D) the verdict or sentence obtained pursu- Association, the National Sheriffs As- bias, and 14 percent on sexual orienta- ant to State charges left demonstratively sociation, the Police Executive Re- tion bias. unvindicated the Federal interest in eradicating search Forum and 26 State attorneys The time has come for the Congress bias-motivated violence. general. to finally deal with this whole subject

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.011 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4433 of hate crimes. It is a blot on our con- Some of my colleagues on the other hearts. We need fewer labels and more stitutional understanding of what de- side will claim that an amendment unity in our country. For all the rea- mocracy is all about, and it is so im- adopted during committee markup pro- sons I have mentioned above, I oppose portant that today we debate and pass tects religious speech. However, it the bill. finally the hate crimes law that has would not diminish the chilling effect Mr. Speaker, I reserve the balance of been here and approved in three dif- of possible involvement in criminal in- my time. ferent Congresses. vestigations. Religious speakers and Mr. CONYERS. Mr. Speaker, I am Mr. Speaker, I reserve the balance of groups will feel in greater jeopardy as pleased to yield 2 minutes to a distin- my time. a result of this bill. guished member of the committee, Mr. SMITH of Texas. Mr. Speaker, I The facts of the Supreme Court deci- TAMMY BALDWIN of Wisconsin. yield myself such time as I may con- sion in Wisconsin v. Mitchell under- Ms. BALDWIN. Mr. Speaker, the sume. score the danger of this legislation. In House today has a historic opportunity Mr. Speaker, I oppose this bill, H.R. that case, Todd Mitchell received an to expand upon the principles of equal 1592, for three reasons. First, the bill enhanced hate crime sentence because rights and equal protection embodied will result in disproportionate justice of remarks he made to prior to others in our Constitution by passing the for crime victims who do not fall with- attacking a teenager because of his Local Law Enforcement Hate Crimes in the categories it contains. Second, it race. Mitchell did not participate in Prevention Act. will have a chilling effect on religious the physical assault of the teenager. This Act would offer Federal protec- freedom and first amendment rights. His sentence was upheld. He was pun- tions for victims of hate crimes tar- And third, it is probably unconstitu- ished for his words. geted because of their race, color, reli- tional and raises significant Fed- My colleagues on the other side have gion, national origin, sexual orienta- eralism issues. argued that no prosecutor would ever tion, gender, gender identity or dis- We can all agree that every violent subject members of a religious commu- ability. These characteristics are in- crime is deplorable, regardless of its nity to the criminal process. Are we cluded in this hate crimes legislation, motivation. Every violent crime can be willing to take the risk and leave the not because they deserve any special devastating not only to the victim, but first amendment protections to a pros- protection as opponents of this legisla- also to the larger community whose ecutor’s discretion? tion claim, but because of the history I also believe the bill itself is prob- public safety has been violated. That is of particularly heinous and violent ably unconstitutional and will likely why all violent crimes must be vigor- crimes committed against individuals be struck down by the courts. There is ously prosecuted. However, this bill, no based on such characteristics. That’s little evidence to support the claim matter how well intended, undermines what warrants this inclusion. that hate crimes impact interstate or basic principles of our criminal justice I wanted to share several stories foreign commerce, an important con- system. about why this legislation is so impor- sideration for any Federal court re- Our criminal justice system has been tant. I only have time for one. Let us viewing the constitutionality of this built on the ideal of equal justice for never forget the story of Matthew legislation. Shepard, who was brutally attacked by all. Under this bill, justice will no In 2000, the Supreme Court in the his hateful, homophobic assailants and longer be equal, but depend on the United States v. Morrison struck down left to die on a fence in a remote area race, sex, sexual orientation, disability a prohibition on gender-motivated vio- or status of the victim. It will allow of Wyoming. lence. In that case, the court specifi- Matthew’s death generated inter- different penalties to be imposed for cally warned Congress that the com- national outrage by exposing the vio- the same crime. For example, crimi- merce clause does not apply to non- lent nature of hate crimes and its hor- nals who kill a homosexual or economic violent criminal conduct rific effect on the entire targeted com- transsexual will be punished more that does not cross State lines, nor mune. The sponsors of the Senate hate harshly than criminals who kill a po- does the proposed legislation author- crimes legislation have renamed the lice officer, a member of the military, ized under the 14th and 15th amend- bill the Matthew Shepard Act. Today a child, a senior citizen or any other ments. Those amendments only extend we have been joined by Matthew’s person. to State action and do not cover the mother, Judy Shepard and a lead inves- actions of private persons who commit b 1145 tigator in this case, David O’Malley, To me, all victims should have equal violent crimes. While the 13th amendment reaches who are still courageously advocating worth in the eyes of the law. In fact, in private conduct such as individual for the passage of this legislation more 1984, Congress, in a bipartisan manner, criminal conduct, it is difficult to than 8 years after Matthew’s death. enacted the Sentencing Reform Act to argue that one’s sexual orientation, The passage of hate crimes legisla- ensure the consistent application of disability or gender identity con- tion is long overdue. This will be crit- criminal penalties to avoid, ‘‘unwar- stitutes a badge and incidence of slav- ical for both symbolic and substantive ranted sentencing disparities among ery. Aside from the constitutional de- reasons. The legal protections are es- defendants who have been found guilty fects of this bill, it purports to fed- sential to our system of ordered justice of similar criminal conduct.’’ eralize crimes that are being effec- and essential for ensuring that those Why are we departing from the fair- tively prosecuted by our States and who commit heinous crimes are pun- ness embodied in that Act? Ordinarily, local governments. ished. But on a symbolic basis, it is im- criminal law does not concern itself FBI statistics show that the inci- portant for Congress to enunciate with motive, but rather with intent. dence of so-called hate crimes has ac- clearly that hate-based violence tar- This legislation forces law enforce- tually declined over the last 10 years. geting women, gays, lesbians, ment officials to comb the offender’s Only six of approximately 15,000 homi- transgender individuals and people past to determine whether the offender cides in the Nation involved hate with disabilities will no longer be tol- ever expressed hostility toward a pro- crimes. erated. tected group. In addition, the bill As the Washington Post stated in a Mr. Speaker, I want to thank Chairman raises the real possibility that reli- previous editorial, ‘‘Rape, murder and CONYERS, Chairman SCOTT, and the staff of gious leaders or members of religious assault—no matter what prejudice mo- the Judiciary Committee for their diligent work groups could become the subject of a tivates the perpetrator—are presump- in bringing the bill to the floor. criminal investigation focusing on a tively local matters in which the Fed- Hate crimes are different than other violent suspect’s religious beliefs, membership eral Government should intervene only crimes because they seek to instill fear into a and religious organizations and any when it has a pressing interest. The whole community—be it burning a cross in past statements made by a suspect. A fact that hatred lurks behind a violent someone’s yard, the burning of a synagogue, chilling effect on religious leaders and incident is not, in our view, an ade- or a rash of aggravated batteries of people others who, press their constitu- quate Federal interest . . .’’ outside a gay community center. These are tionally protected beliefs, unfortu- Unfortunately we cannot legislate crimes motivated by prejudice and meant to nately, could result. away the hatred that some feel in their send a message to society and others who

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.024 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4434 CONGRESSIONAL RECORD — HOUSE May 3, 2007 belong to the same category. This sort of do- away. H.R. 1592 is about giving state, local, the sentencing commission. It is not mestic terrorism demands a strong, federal re- and federal law enforcement authorities the defined. sponse because this country was founded on necessary resources and tools to combat vio- If this is not taken care of, this bill, the premise that persons should be free to be lent crimes based on prejudice and intended I know it’s not the intent, but it be- who they are—without fear of violence. to terrorize a group of people or an entire comes essentially a NAMBLA Protec- I want to share with you a few reasons why community. Such hate crimes are in desperate tion Act, because it allows that sort of the passage of this legislation is so urgent and need of a federal response, and I strongly conduct or any other sexual orienta- necessary. Last week in Committee, we heard urge my colleagues to vote in support of this tion to be considered because there is a from a very young man, Mr. David Ritcheson, bill. lack of definition. who was brutally beaten last year by two indi- Mr. SMITH of Texas. Mr. Speaker, I Why you didn’t allow it, I don’t viduals due to his ethnicity as a Mexican- yield 3 minutes to the gentleman from know. But you didn’t allow it. On that American. Mr. Ritcheson spent the next 3 California (Mr. DANIEL E. LUNGREN) a grounds alone, this bill ought not to go months and 8 days in the hospital, recovering senior member of the Judiciary Com- forward. from severe internal injuries. Yet because the mittee and a former attorney general This bill needs to be reviewed, it attack took place in a private yard rather than of California. needs to be amended, it needs to be per- an area of public access, the FBI had no Mr. DANIEL E. LUNGREN of Cali- fected. It doesn’t do what it claims it grounds to investigate the attack under exist- fornia. I thank the gentleman. does. It has an expansion beyond all ing hate crimes laws. Mr. Speaker, hate crimes are a seri- The story of Brandon Teena also dem- ous issue. That’s why 45 out of the 50 that anybody would support. At least onstrates the need for this legislation. Drama- States have laws against them. That’s in the committee they told me they tized in the movie ‘‘Boys Don’t Cry,’’ Brandon why we have an already existing Fed- didn’t support it. was raped and later killed after the discovery eral law where there is a Federal inter- They said they would take care of it. of his biological gender by two acquaintances. est involved. They didn’t take care of it. I asked for Five days before his murder, Brandon re- Unfortunately, this bill is not nec- a simple amendment in the Rules Com- ported his rape and beating by the same per- essary or is not drawn appropriately mittee. We were denied a simple petrators, but the Richardson County Ne- for any specific Federal problem. Some amendment. I don’t know why you are braska Sheriff would not pursue the case 20 years ago, I remember supporting doing this, but it is a failure of this bill against Brandon’s attackers. the gentleman from Massachusetts and will probably defeat this bill. Let us never forget the story of Matthew against an effort by a Member on my ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Shepard, who was brutally attacked by his side of the aisle to remove homo- The SPEAKER pro tempore. Mem- hateful homophobic assailants and left to die sexuals from protection under the Hate bers are reminded to direct their re- on a fence in a remote area of Wyoming. Mat- Crimes Act at the time, that is the marks to the Chair. thew’s death generated international outrage Hate Crimes Statistics Act. That went Mr. CONYERS. Mr. Speaker, I yield by exposing the violent nature of hate crimes to the definition. myself 20 seconds. and its horrific effect on the targeted commu- I am concerned about the definition nity. I remember the impact locally in Wyo- in this bill. I mentioned this during the First of all, I want to assure my ming. I was in the midst of my first campaign rule. In this rule there is no definition friend Mr. LUNGREN, the former attor- for Congress in October 1998. Many gay and of sexual orientation, which becomes a ney general of California, that we have lesbian youths roughly Matthew’s age were protected class in the sense of en- no opposition about dealing with the working on my campaign. I remember the im- hanced penalty or a new crime for pro- definition of which he complained. pact of the crime on them. They were afraid tection for such a victim. I also take this opportunity to re- for their safety, and that is precisely the effect We asked whether we would put the mind him that 26 State attorney gen- these crimes have. The sponsors of the Sen- definition that is noted in the statute erals, just like you were, approved this ate hate crimes legislation have renamed the that goes to the sentencing commis- bill. bill the Matthew Shepard Act, and today we sion in the bill. In fact, many on the Now I turn to the chairman of the are joined by Matthew’s mother Judy Shepard committee said that I had a good idea. Subcommittee on Crime, BOBBY SCOTT, and the lead investigator in his case David Yet, I was denied the opportunity in and I yield him 2 minutes. O’Malley, who are still courageously advo- committee and in the Rules Committee Mr. SCOTT of Virginia. I thank the cating for the passage of this legislation more to present that. gentleman for yielding. than 8 years after Matthew’s tragic death. Mr. So, therefore, we have no definition Mr. Speaker, bias-based crimes are Speaker, the passage of hate crimes legisla- of sexual orientation. I wanted the sim- an unfortunate reality in this country. tion is long overdue. ple definition that’s recognized in the This legislation is necessary because The passage of H.R. 1592 today will be crit- note to the sentencing commission, existing law, 18 U.S.C. section 245(b)(2) ical for both substantive and symbolic rea- which limits it to homosexual or het- does not protect individuals from vio- sons. The legal protections are essential to erosexual conduct. So, now we have an lent acts based on race, color, national our system of ordered justice and essential for undefined term of sexual orientation. origin or religion, unless the defendant ensuring that those who commit these heinous Why am I concerned about it? Be- intended to interfere with the victims’ crimes are punished . . . but on a symbolic cause I come from the State of Cali- participation in certain enumerated basis, it is important for Congress to enunciate fornia, where, for the past 20 years, we Federal activities. clearly that hate-based violence targeting have had a problem dealing with an or- Additionally, Federal law does not women, gays and lesbians, transgender indi- ganization called NAMBLA, North presently provide for hate crime pro- viduals, and people with disabilities will no American Man/Boy Love Association. tection at all for a tax based on sexual longer be tolerated. They march in parades. They asserted The opponents of this legislation will dis- the right, under the first amendment, orientation, gender, gender identity or seminate a lot of misinformation today in order to be able to hold their meetings in the disability. to derail this bill. But make no mistake, the local chapter in a library in my dis- Mr. Speaker, this bill also addresses legislation we are considering today has been trict. That’s a sexual orientation. many of the express concerns about the carefully crafted to protect an individual’s First Without limiting the definition, as I first amendment rights to free speech Amendment right to speech, expression, and asked us to do, we open up the poten- and association. H.R. 1592 addresses association. It also provides much needed fed- tial for creating a new protected class. these concerns by providing an evi- eral resources to local law enforcement au- I do not understand why the majority dentiary exclusion, which prohibits the thorities without usurping local authority. Fi- refused to allow us a serious amend- government from introducing evidence nally, the bill is fully consistent with Supreme ment to just define what this is and get of expression or association as sub- Court precedence on both First Amendment rid of this problem. stantive evidence at trial, unless it is and interstate commerce cases. We were told, look at the statute. It directly relevant to the elements of the Our society is not perfect; the passage of defines it. We found out it didn’t. It crime. the Local Law Enforcement Hate Crimes Pre- said it does it by reference. We went to This provision will ensure that de- vention Act will not make all hate crimes go it. The only reference is to a note to fendants will only be prosecuted and

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.012 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4435 convicted based on their criminal acts, tive. Now, to those charges I plead Mr. SMITH of Texas. Mr. Speaker, I not on what they say or what they be- ‘‘not guilty,’’ but I oppose this, among yield 2 minutes to the gentleman from lieve, or because of the people with other reasons, because hate crime leg- Florida (Mr. FEENEY), a member of the whom they are associated. There are islation is duplicative. There is suffi- Judiciary Committee and a former some of us who criticize the bill as an cient statutory relief readily available speaker of the Florida house. improper exercise of Federal jurisdic- now to aggrieved victims. There is such Mr. FEENEY. I am very grateful to tion. But based on testimony and the a thing as having too many laws, and I the ranking member. issues of the witnesses at our hearings, think this would result if we enact this Mr. Speaker, hate is an awful thing, this legislation has been carefully today, and I urge its defeat. but we cannot punish people for what drafted to address the Supreme Court’s Mr. SMITH of Texas. Mr. Speaker, I is in their hearts. We cannot punish decisions in Lopez and Morrison, which reserve the balance of my time. people and make it a crime for what limited Congress’ jurisdiction to pass Mr. CONYERS. Mr. Speaker, I yield people are thinking. We punish acts in legislation. for a unanimous consent request to the this country. Furthermore, H.R. 1592, in response gentleman from Connecticut (Mr. Unfortunately, I think this bill is to the gentleman’s complaint, Federal SHAYS). badly misnamed. This bill should not prosecutors must confer with State au- (Mr. SHAYS asked and was given per- be called the hate crimes bill, this thorities to decide whether Federal ju- mission to revise and extend his re- should be called the unequal protection risdiction is appropriate, and no pros- marks.) bill, because what it does is to say that ecution can proceed without the ex- Mr. SHAYS. Mr. Speaker, I rise in the dignity and the property and the press approval of the United States at- support of this legislation. person and the life of one person gets torney general or his designee. Addi- Mr. Speaker, as one of the lead Republican more protection than another Amer- tionally at trial they must prove a cosponsors of H.R. 1592, I am pleased we are ican. That is just wrong. With respect valid Federal interest as a specific ele- considering this legislation, which will allow the to my friend from Illinois, who just ment of the crime. Justice Department to investigate crimes com- said hate crimes can tear this country In addition to creating new hate mitted on the basis of the victims race, color, apart, that is what this bill does. It crime offenses and expanding the appli- religion, national origin, gender, sexual ori- gives different people the protection of cation of existing ones, this bill also entation, gender identity or disability. their life, their property, and their per- establishes an important grant pro- Under this bill, hate crimes that cause death son based on their special status. gram to provide financial assistance to or bodily injury because of prejudice can be We need to treat all Americans States, local, and tribal law enforce- investigated federally, regardless of whether equally. Justice ultimately must turn ment agencies to provide much-needed the victim was exercising a federally protected on the fundamental word of each and assistance in investigating high-profile right. every human being as equal before God crimes. In my judgment, violence based on preju- and before the law. This bill under- Mr. Speaker, this bill has broad sup- dice is a matter of national concern that fed- mines both of those principles. port. For these reasons, I urge my col- eral prosecutors should be empowered to pun- Mr. SMITH of Texas. Mr. Speaker, I leagues to support the bill. ish if the States are unable or unwilling to do reserve the balance of my time. Mr. SMITH of Texas. Mr. Speaker, I so. Mr. CONYERS. Mr. Speaker, I am yield 2 minutes to the gentleman from Franklin Delano Roosevelt once said: pleased now to recognize the chairman North Carolina (Mr. COBLE), a senior We must scrupulously guard the civil of the Subcommittee on the Constitu- member of the Judiciary Committee rights and civil liberties of all citizens, tion, the gentleman from New York, and a ranking member of the IP sub- whatever their background. We must remem- Mr. JERRY NADLER, for 2 minutes. committee. ber that any oppression, any injustice, any Mr. NADLER. I thank the gentleman. Mr. COBLE. I thank the gentleman hatred, is a wedge designed to attack our Mr. Speaker, this bill deals with vio- civilization. from Texas. lent crimes committed against victims Mr. Speaker, I rise in opposition to That statement is no less true today than it who are singled out solely because the bill before us. was back then. I urge support of this legisla- someone doesn’t like who they are. All crimes are deplorable, particu- tion. Violent attacks because of actual or larly when they are motivated by some Mr. CONYERS. Mr. Speaker, I now perceived race, color, religion, national form of discrimination. But this bill, in yield 1 minute to the gentleman from origin, sexual orientation, gender, gen- my opinion, does nothing to prevent Illinois (Mr. KIRK). der identity, or disability often cause these acts. States and Federal govern- Mr. KIRK. Mr. Speaker, I rise in sup- serious injury or death. They are more ments traditionally prosecute hate port of this as the original cosponsor of serious than a normal assault because crimes now. I agree with the argument this legislation. We find that a hate they target not just an individual, but that this bill would unfairly classify crime can ignite group-on-group vio- an entire group. They spread terror to crimes against certain groups of peo- lence that would tear a community all members of the group and often ple, and ignore others such as law en- apart. We have seen it in other coun- deter them from exercising their con- forcement, children, veterans or senior tries; we want to make sure it never stitutional rights, sometimes for sim- citizens who deserve the same degree of happens here. ply walking down the wrong street. protection. This is especially dangerous when The only question for Members is group-on-group violence can over- whether they believe that singling out b 1200 whelm a small suburban police depart- a person for a crime of violence be- I am concerned that this legislation ment, and this offers assistance so that cause of his or her race or religion or will lead to unseemly investigations, a small problem doesn’t become a big because any other trait is sufficiently possibly into thoughts and beliefs, problem and doesn’t become a national heinous to merit strong punishment. which could have the effect of crim- problem. We saw when Rodney King For many years, Mr. Speaker, Con- inalizing religious or political speech. was beaten that a riot broke out in Be- gress debated what were known as the Furthermore, I understand that the loit, Wisconsin, and overwhelmed that Federal lynching laws. They were de- legislation does not have a nexus with police department. signed to deal with the widespread interstate commerce that would sur- So to be able to make sure that the practice of lynching primarily African vive a constitutional challenge. Federal Government can defend the Americans. There was staunch resist- I understand the need to protect vul- Nation and to make sure that our ance to those laws here in Congress. nerable people, Mr. Speaker, and I sup- country stands not just for freedom For three decades, they did not pass port funding to help community safety and democracy, but also tolerance, is while thousands were lynched. We and to prosecute criminals, but I can- one reason why we should follow enact- heard many of the same arguments not support this legislation. ment of the Hate Crimes Statistics then that we are hearing today. That Oftentimes, Mr. Speaker, those of us Act, under President George Herbert was not a proud period in our Nation’s who oppose hate crime legislation are Walker Bush, to also pass this legisla- history. Today, we can do the right accused of being uncaring and insensi- tion. thing. I hope we can agree to do so.

VerDate Aug 31 2005 00:54 May 04, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.029 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4436 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Under current law, the attackers of United States Congress with the belief The first amendment says Congress someone like Michael Sandy of Brook- that, somehow or another, we can di- shall make no law respecting the estab- lyn, who was attacked simply because vine what somebody thinks and then lishment of religion or prohibiting the he was walking down a street and he punish them for it. And I have been free exercise thereof. There is a real was gay, could not be prosecuted for a called a racist on the floor of this possibility that this bill, as written, hate crime because, under existing law, House for using the term ‘‘cultural that religious leaders or members of re- only victims targeted because they are continuity.’’ How can someone who ligious groups could be prosecuted engaged in a federally protected activ- could make that allegation who has criminally based on their speech or ity, such as voting, are protected. This been elected to the United States Con- protected activities under conspiracy bill expands the definition to cover all gress be sitting on a jury of me? We laws or section 2 of title XVIII, which violent crimes motivated by race, judge by a jury of our peers, or the holds a person criminally liable if they color, creed, national origin, et cetera. peers of the accused and what’s in their aid and abet in the commission of a This is not an issue of free speech. mind. That’s a thoughtcrime in and of crime. Putting a chill on a pastor’s This bill deals only with crimes of vio- itself. words or a religious broadcaster’s pro- lence in which the victim is selected Mr. CONYERS. I yield 1 minute now gramming, an evangelical leader’s mes- with his or her status. to a distinguished member of the Judi- sage, or even the leader of a small The law routinely looks to the moti- ciary Committee, Mr. ELLISON of Min- group Bible study is a blatant attack vation of a crime and treats the more nesota. on the constitutionally guaranteed heinous of them differently. Man- Mr. ELLISON. Mr. Speaker, it is hor- right to freedom of religion. slaughter is different from premedi- ribly sad that anyone would want to Last week, I offered an amendment tated murder, which is different from a vocalize hateful ideas, but it is not ille- before the committee that simply contract killing. We all know how to gal. What Don Imus said about African would have stated that nothing in this make these distinctions. The law does American women was legal though de- section limits the religious freedom of it all the time. We ought to do it here; plorable. But violence is not. Violence any person or group under the Con- we ought to say that crimes of violence is different. Violence is acts, if moti- stitution. Unfortunately, this amend- motivated by one’s status are particu- vated by hateful thoughts, that make ment was rejected by the majority and larly heinous and ought to be treated an impact on the community that is rejected by the Rules Committee for as such. much more harmful than to the indi- consideration today. Mr. SMITH of Texas. Mr. Speaker, I vidual. It expands to an entire commu- We must guard against the potential yield 2 minutes to the gentleman from nity and injects an immobilizing, ter- for abuse of hate crimes laws. The Iowa (Mr. KING), a member of the Judi- rorizing fear into that community Pence amendment would have done so ciary Committee. which makes it even more wrong than by stating, once and for all, that people Mr. KING of Iowa. Mr. Speaker, I ap- an act against an individual. in groups will not have their constitu- preciate the ranking member of the Ju- When Eric Richey drove his Mustang tionally guaranteed right to freedom of diciary Committee yielding to me. into the largest mosque in Ohio on Sep- religion taken away. This bill before us today is one that tember 16, 2001, he didn’t just destroy a On this National Day of Prayer, let’s I have dreaded seeing come before the building, he injected fear into an entire take a stand for the right of every American people. community. American to believe and speak and I was born in 1949. That was the year My question is this: Why do you want pray in accordance with the dictates of that George Orwell published the book to protect thugs and hatemongers? their conscience and reject this legisla- ‘‘1984.’’ I offered an amendment in com- Why don’t you want to stand with the tion. mittee to change the title of this bill civilized community and say, hate is Mr. Speaker, I come before the House from the Hate Crimes bill to the wrong and we must stop it now? today in strong opposition to H.R. 1592, the Thought Crimes bill. In fact, you are Mr. SMITH of Texas. Mr. Speaker, I Local Law Enforcement Hate Crimes Preven- seeking to punish thought. And even yield 2 minutes to the gentleman from tion Act. though the gentleman from Virginia Indiana (Mr. PENCE), also a member of As Thomas Jefferson once said, ‘‘Believing has stated correctly that under this the Judiciary Committee. with you that religion is a matter which lies bill, they will be prosecuting crimes, (Mr. PENCE asked and was given per- solely between man and his God, that he they will also be sentenced for mission to revise and extend his re- owes account to none other for his faith or his thoughts. marks.) worship, that the legislative powers of govern- Orwell wrote in 1949 in the book Mr. PENCE. Mr. Speaker, I come be- ment reach actions only, and not opinions, I ‘‘1984,’’ ‘‘We are not interested in those fore the House today in strong opposi- contemplate with sovereign reverence that act stupid crimes that you have com- tion to the Local Law Enforcement of the whole American people which declared mitted. The party is not interested in Hate Crimes Prevention Act. It would that their legislature should ‘make no law re- any overt act. The thought is all that be Thomas Jefferson who would remind specting an establishment of religion, or pro- we care about. We do not merely de- the American people that the govern- hibiting the free exercise thereof,’ thus building stroy our enemies; we change them. Do ment reaches actions only and not a wall of separation between Church and you understand what I mean by that?’’ opinions, in his famous letter to the State.’’ And he goes on to define Danbury Baptists. This legislation is unnecessary and bad ‘‘crimethink,’’ which is exactly the bill This legislation is unnecessary and public policy. Violent attacks on people or before us today. And he defines it this bad public policy. Violent attacks on property are already illegal regardless of the way: ‘‘To even consider any thought people or property are already illegal motive behind them and there is no evidence not in line with the principles of regardless of the motive behind them, that the underlying violent crimes at issue here Ingsoc. Doubting any of the principles and there is no evidence that under- are not already being fully and aggressively of Ingsoc. All crimes begin with a lying violent crimes at issue here are prosecuted in the States. Therefore, hate thought. So, if you control thought, not already being fully and aggres- crimes laws serve no practical purpose and in- you control crime. Thoughtcrime is sively prosecuted. Therefore, hate stead serve to penalize people for their death. Thoughtcrime does not entail crimes laws serve no practical purpose thoughts, beliefs or attitudes. death. Thoughtcrime is death, the es- and, instead, serve to penalize people Some of these thoughts, beliefs or attitudes sential crime that contains all others for their thoughts and beliefs. such as racism and sexism are abhorrent, and in and of itself.’’ Now, some of these thoughts and be- I disdain them. However the hate crimes bill is And the definition of ‘‘Ingsoc’’ is liefs are abhorrent, like racism and broad enough to encompass legitimate beliefs, English socialism, which is how he de- sexism, and I disdain them. But hate and protecting the rights of freedom of speech fined the coming creeping of socialism crimes bills are broad enough to en- and religion must be paramount in our minds. and Marxism that he feared. compass legitimate beliefs as well, and The First Amendment to the Constitution So I make that point strongly that protecting the rights of freedom of provides that ‘‘Congress shall make no law re- we have now come to this. ‘‘1984’’ has speech and religion must be paramount specting an establishment of religion or pro- manifested itself on the floor of the on our minds. hibiting the free exercise thereof.’’ America

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.031 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4437 was founded upon the notion that the govern- science of this country, and that is why down 1,600. Offenders have gone down ment should not interfere with the religious they need special treatment. 1,600. The laws are working. What this practices of its citizens. Constitutional protec- When you look at the laws and the is trying to do is protect a class from tion for the free exercise of religion is at the type of activities that we are looking any ill speech, anything that’s deroga- core of the American experiment in democ- at, discrimination based on race, color, tory. racy. religion, national origin, or disabil- Now, friends across the aisle say no, There is a real possibility that as this bill is ities, you are looking at the same peo- no, no. We put that in the bill. We’ve written, religious leaders or members of reli- ple that the Nazis tried to exterminate. got an amendment that protects that. gious groups could be prosecuted criminally If you were Jewish, if you were black, But if you go to the law in this bill, it based on their speech or protected activities if you were disabled, if you were gay, says that, yeah, religious or protected under conspiracy law or section 2 of title 18, the Nazis made a systematic attempt speech would not be used at trial, un- which holds criminally liable anyone who aids, to eliminate you. And people who do less it pertains or is relevant to the of- abets, counsels, commands, induces or pro- that, even if they are not governments, fense. And as anybody that’s pros- cures its commission; or one who ‘‘willfully should be punished, because that is the ecuted someone as a principal, not a causes an act to be done’’ by another. type of conduct that this world has conspiracy, but a principal, a principal In the debate at the Judiciary Committee, seen and abhors and went to war for; under Federal law, it says whoever much was made of the fact that an amend- and our U.S. attorneys should be given aids, abets, counsels, commands, in- ment was adopted by the gentleman from Ala- the ammunition to go to war against duces, procures a crime’s commission bama, Mr. DAVIS. However, that amendment people that perpetrate those type of is punishable as if he committed the did not go far enough in making it clear that crimes. crime. the bill will not limit religious freedom. The And if you stand against this, what’s And this is where this is going; min- sponsor of the amendment admitted that a going to happen? Certain villainous isters reading from the Bible, rabbis pastor could still be targeted under the bill for hooligans will maybe get less time. reading from the Torah, imams reading incitement of violence for simply preaching his These are the people we need to lock up from the Koran who say sexual activity religious beliefs. For example if a pastor in- and put away, because this is a country outside of marriage of a man and a cluded a statement in his sermon that sexual about life, liberty, and the pursuit of woman is wrong, if they have some- relations outside of marriage is wrong, and a happiness and everybody gets an oppor- body from their flock, some nut go out member of the congregation caused bodily in- tunity. and commit a crime of violence and, by jury to a person having such relations, that Mr. SMITH of Texas. Mr. Speaker, I the way, this is not a restricted crime sermon could be used as evidence against the yield 3 minutes to the gentleman from of violence. It could be violence against pastor. Texas (Mr. GOHMERT), a member of the property. It can be a touching to be Putting a chill on a pastor’s words, a reli- Judiciary Committee, and also the bodily injury. We’ve lowered the stand- gious broadcaster’s programming, an evan- ranking deputy member of the Crimes ard in this bill. gelical leader’s message, or even the leader Subcommittee. Mr. CONYERS. Mr. Speaker, I’m of a small-group Bible study is a blatant attack Mr. GOHMERT. Mr. Speaker, this pleased now to recognize the gen- on the Constitutionally-guaranteed right to bill starts off with a preamble that tleman from Alabama, a distinguished freedom of religion. makes it faulty to begin with. member of the Judiciary Committee, Last week when the Judiciary Committee There are all kinds of recitations in ARTUR DAVIS for 11⁄2 minutes. took up this bill, I offered an amendment to the beginning, factual, so-called find- Mr. DAVIS of Alabama. Mr. Speaker, make it clear that the bill will not affect the ings that were not supported and are there’s a pastor back home who has a Constitutional right to religious freedom. not supported by any evidence. That is card that he carries around with him The Pence Amendment stated, ‘‘Nothing in a major problem here. and it says, made by God, return to the this section limits the religious freedom of any First of all, people want to talk Creator upon expiration. person or group under the Constitution.’’ about how desperately this is needed to As a person of faith, if you believe Unfortunately, the amendment was defeated stop hate-based crimes. However, there that, as I do, you have to believe that by the majority in the Judiciary Committee. are laws that protect every man, that admonition and that promise ap- Yesterday, I submitted the Pence Religious woman, and child from violent acts. In plies not just to you and your kind, but Freedom Amendment to the Rules Committee fact, I have heard my colleague across to people who may be different, act dif- for consideration, but that committee chose to the aisle reference that the Matthew ferent, think different, and look dif- adopt a closed rule for today’s debate, effec- Shepard case shows how desperately we ferent. So this is the simplest way I tively blocking my amendment and many other need hate crime legislation. Those per- can put this to my colleagues on the good amendments from consideration. petrators that did that horrible act other side of the aisle. We must guard against the potential for both got life sentences under regular If you are a person of faith, you have abuse of hate crimes laws, and the Pence murder laws. This was not necessary. a Bible-based problem with hate. And if Amendment would have done so by stating People in committee threw up the you have a Bible-based problem with once and for all that people and groups will Byrd case, a horrible tragedy where a hate, it’s legitimate to say that hate not have their Constitutionally-guaranteed right man was dragged to his death simply ought to be punished a little bit more. to religious freedom taken away. because he was African American. That’s all this legislation says. Mr. Speaker, this bill threatens religious Those two main perpetrators got the Obviously, it must be done consistent freedom by criminalizing religious thoughts. death penalty, and no hate crime that with the first amendment, and that is On this National Day of Prayer, let’s take a has been passed would address that. why I offered an amendment that was stand for the right of every American to be- Now, these statistics, if you really accepted in committee and that my lieve, speak and pray in accordance with the want to look at the facts before we good friend, LAMAR SMITH from Texas, dictates of their conscience. Take a stand for pass bad legislation that is not justi- not only voted for, but praised during religious freedom and the First Amendment fied by the facts, and I do take issue the markup. The amendment says spe- and vote no on the Local Law Enforcement with the preamble’s fact findings. cifically, nothing in this statute shall Hate Crimes Prevention Act. There is no evidence to support them. change the terms of the first amend- Mr. CONYERS. Mr. Speaker, I am But let’s look. ment as they exist. pleased now to yield to a distinguished Since 1995, the FBI statistics show So this is as simple as I can put this Member on the Judiciary Committee, that we have gone from 9,500 to 12,400 to my good friend, Mr. GOHMERT. The STEVE COHEN of Tennessee, for 1 agencies reporting, more of the coun- only people who ought to fear this bill minute. try is being covered, and yet a steady are people who would say to another Mr. COHEN. Mr. Speaker, Mr. Chair- decline has gone from right at 8,000 to human being, you ought to do violence man, I am proud to stand in support of 7,100 incidents. against someone else. I don’t know a this bill. The fact is, these crimes, the man of God or woman of God who victims of which have been Matthew b 1215 would take to any pulpit in the land, Shepard, James Byrd, Emmett Till Offenses have gone down near well a any synagogue or mosque in the land over the years have shocked the con- thousand, to 8,300. Victims have gone and say, do violence to another one of

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.010 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4438 CONGRESSIONAL RECORD — HOUSE May 3, 2007 God’s children. And because I have con- friends beaten, shot and killed because Federal nexus, based on the individual fidence in people of faith and know of hate. Hate is too heavy a burden to victim or victims being involved in a they wouldn’t do that, I know they bear. It also was the Great Teacher protected Federal activity. won’t be hurt by this bill. And, by the who said, ‘‘Love you one another.’’ He This bill goes beyond that and sug- way, I say that as the only Democrat didn’t say hate you one another. gests that the constitutional nexus on the committee who voted against We’re one people. We’re one family. with Federal activity is that hate di- gay marriage. We all live in the same house. It rected against the particular protected This bill ought to be passed, and I doesn’t matter whether we’re gay or classes here somehow restricts inter- ask my colleagues to do so. straight. We’re one people. state commerce. And I would just sug- Mr. SMITH of Texas. Mr. Speaker, I Mr. SMITH of Texas. Mr. Speaker, I gest that the findings in the bill did yield 2 minutes to the gentlewoman fro reserve the balance of my time. not have evidence to back it up. And I Oklahoma (Ms. FALLIN). Mr. CONYERS. Mr. Speaker, I’m think there may very well be a con- Ms. FALLIN. Mr. Speaker, I appre- pleased now to yield to the distin- stitutional attack that is successful in ciate the gentleman’s comments about guished gentleman from South Caro- the Court on that. That’s why we are faith and God. And I am a woman of lina (Mr. CLYBURN) for 1 minute. concerned about the way this is writ- God. I oppose hate, and I think all (Mr. CLYBURN asked and was given ten. crimes are awful. And I have a great permission to revise and extend his re- Second, there are those who suggest disdain for violence produced by hate. marks.) that we will not have the concern be- But this bill is the wrong solution for Mr. CLYBURN. Last night, Mr. come a reality expressed by some on an ideal goal. It is horrible for anyone Speaker, I re-read Martin Luther King, this floor and by some outside this to hate for any class, race or religion Jr.’s ‘‘Letter from a Birmingham City floor that this somehow will chill free or sexual orientation. Violence pro- Jail.’’ In that letter, King dealt with speech. The suggestion is we’ve care- duced by hate is already outlawed. Why the notion of timing. He said to us that fully crafted the legislation so that’s would we, as a Nation, want to divide time is never right; time is never not to be the case. our American citizens into various cat- wrong; that time actually is neutral, I would just direct our attention to egories of more worthy or less worthy and it’s only what we make it. We can another section of the bill which calls of whatever protection the law can give use it constructively, or we can use it for participation by the Federal Gov- them? What happened to the great destructively. ernment in the investigation and pros- ideal this Nation was founded on of King went on to say that it’s always ecution of crimes at the State level equal, equal protection under law? the right time to do that which is which delineates the definition of hate The hate crimes bill will chill the right. crimes in the first two paragraphs but, first amendment rights of religious Now, a lot of people on yesterday in the third paragraph says, or any groups. This hate crimes bill will chill told me that this was the wrong time other hate crime established by State the first amendment rights of the reli- to bring this legislation. For a mo- law. So what we are doing is extending gious groups, and the government will ment, I agreed. But reflecting on Dr. it beyond the carefully constructed be required to prove the suspect’s King’s admonition that the time is al- definitions that we have in this bill, thoughts as a category of the victim ways right to do right, I come before considering the constitutional ques- involved in the crime. this body today to ask us to use the tions and extended it far beyond that. Religious groups may become the time that we have before us to do right That is another legitimate concern subject of criminal investigations in by those people who may not be like about this bill. order to determine the suspect’s reli- us. And so I would just say that I hope gious beliefs, membership in religious Mr. SMITH of Texas. Mr. Speaker, I we don’t get totally involved in the ar- organization, or past statements about yield 4 minutes to the gentleman from gument that there are no hate crimes persons associated with specific cat- California (Mr. LUNGREN). and they, therefore, never should be in- egories. Religious leaders will be Mr. DANIEL E. LUNGREN of Cali- volved in our criminal justice system, chilled from expressing their religious fornia. Mr. Speaker, this is a serious versus that they are the worst of all views for fear of involvement in the issue, and people ought to recognize crimes, or they are so essentially dif- criminal justice system. it’s a serious issue. ferent from others that those who are This hate crime bill will result in un- There is something called hate subjected to attacks because of a ran- equal justice for all and the restriction crimes. And in the past, the Supreme dom attitude by the perpetrator, or for of one of our ideals that has made this Court has looked at issues to try and reasons outside the protected class, Nation great, free speech. differentiate between mere speech and somehow don’t have the sufficiency of Mr. CONYERS. Mr. Speaker, I’m speech connected with conduct and interest or the sufficiency of impor- pleased now to recognize the most dis- how you articulate a law in a proper tance to be included. tinguished civil rights leader that we way that does not offend the first Hate crimes exist in our society. have serving in the House of Represent- amendment, which allows terrible Hate crimes are to be condemned in atives, the gentleman from Georgia, speech. One of the prices of our democ- our society. As I said before, that’s why Mr. JOHN LEWIS. And I yield to him 1 racy and one of the prices of this soci- 45 States have done so, most of them minute. ety is to allow terrible speech, not to successfully in negotiating the shows Mr. LEWIS of Georgia. Mr. Speaker, say you accept it, but to allow it. of constitutional concern that are cre- hate is too heavy a burden to bear. We And so the Supreme Court has care- ated by the first amendment. And have the opportunity, with this bill, to fully reviewed hate crime legislation. therefore, one might suggest that we move this Nation one step forward to- When I was attorney general of Cali- need to review this in far greater detail ward laying down the burden, the bur- fornia, we issued an amicus brief before than we’ve been allowed thus far. den of hate. With this legislation, we the Supreme Court to support one Mr. CONYERS. Mr. Speaker, I yield can send the strongest possible mes- version of the hate crime legislation in myself 5 seconds to respond to my dear sage that violence against our fellow one State that was similar to ours in friend from California (Mr. LUNGREN). citizens because of race, color, national California. We declined to do it in an- The purpose of this hate crime bill is origin, religion, sexual orientation or other State. And in that one in which to supplement State and local actions. transgender will not be tolerated. we declined to do it, the Supreme It is not to take over. It was the Great Teacher who said, Court found that it was afoul of the Mr. Speaker, I now yield to the gen- ‘‘As much as you have done it unto the law. tleman from Georgia, Mr. HANK JOHN- least of these, you have done it unto That’s why I think it’s very, very im- SON, member of the Judiciary Com- me.’’ portant how we carefully construct a mittee, 1 minute. During the 1950s and the 1960s, as a hate crimes bill. The underlying Mr. JOHNSON of Georgia. Mr. Speak- participant in the Civil Rights Move- premise of this bill is that we should er, we’ve had Federal hate crime legis- ment, I tasted the bitter fruits of hate, extend the already existing Federal lation on the books since 1968. It cov- and I didn’t like it. I saw some of my hate crimes legislation, which has a ered violent crimes targeted against

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.035 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4439 persons based upon race, color, religion we weren’t free here at home. You Mr. Speaker, before I proceed any further, I and national origin. could not. And as we talk, all our col- would be remiss if I failed to note that this leg- Now we’ve got folks who don’t want leagues always say, as we battle on the islation is more timely than any of us could us to extend this hate crime legislation issues on the war in Iraq, Islamic fas- have predicted just a month ago. Two weeks to those who would be attacked be- cism, the whole world will watch what ago, at Virginia Tech University, one of the cause of their gender, sexual orienta- we say here in Congress. Nation’s great land grant colleges, we wit- tion, gender identity or disability of People will watch this vote and un- nessed the most senseless acts of violence on the victim, and this at a time, Mr. derstand, most importantly, whether a scale unprecedented in our history. Neither Speaker, when one in six hate crimes is America remains true to its principles the mind nor the heart can contemplate a motivated by the victim’s sexual ori- on freedom or not. People will watch cause that could lead a human being to inflict entation. And yet today’s Federal laws this vote. And I would hope my col- such injury and destruction on fellow human don’t include any protection for these leagues will remember, as we do this beings. The loss of life and innocence at Vir- Americans. today, that every time America widens ginia Tech is a tragedy over which all Ameri- b 1230 the circle of democracy to protect cans mourn and the thoughts and prayers of more of its citizens who sit in the shad- people of goodwill everywhere go out to the Mr. Speaker, I rise in support of this ows, it is true to its principles. victims and their families. In the face of such legislation. It is the right thing to do. I would hope people will vote ‘‘yes’’ overwhelming grief, I hope they can take com- It is the humane thing to do. Let’s on this legislation. fort in the certain knowledge that unearned bring protection to those who need it Mr. SMITH of Texas. Mr. Speaker, I suffering is redemptive. now, 39 years later after the act was reserve the balance of my time. But the carnage at Virginia Tech also com- enacted. Mr. CONYERS. Mr. Speaker, I am mands that we here in this body take a stand Mr. SMITH of Texas. Mr. Speaker, I pleased now to yield 1 minute to a dis- against senseless acts of violence taken yield 2 minutes to the gentleman from tinguished member of the Committee against persons for no reason other than that Georgia (Mr. PRICE). on the Judiciary from Houston, Texas, they are different, whether in terms of race, re- Mr. PRICE of Georgia. I thank the Ms. SHEILA JACKSON-LEE. ligion, national origin, gender, or sexual ori- gentleman for yielding. (Ms. JACKSON-LEE of Texas asked entation. It is long past time for our national Mr. Speaker, I rise to oppose this leg- and was given permission to revise and community to declare that injuries inflicted on islation because, at its core, its pur- extend her remarks.) any member of the community by another sim- pose is to punish thought; and to re- Ms. JACKSON-LEE of Texas. Mr. ply because he or she is different poses a spectfully suggest that this new major- Speaker, with great emotion, I come to threat to the peace and security of the entire ity continues to bring sad and divisive this floor. community. For that reason alone, such con- legislation to the floor. Congressman FRANK, let me thank duct must be outlawed and punished severely. All violent crime is wrong. All vio- you. No one that may be listening had That is why I have, Mr. Speaker, since 1999 lent crime is founded in hate. the opportunity to listen to Congress- introduced and supported strong legislation to This legislation will easily move us woman BALDWIN and you speak of your deter and punish hate crimes, including as to the point of punishing thought and existence. noted earlier, H.R. 254, the ‘‘David Ray Hate punishing motive. Hate crimes have al- So I rise today to make sure that ev- Crime Prevention Act of 2007’’ pending in this ready been used to suppress speech op- eryone understands that this bill is Congress. posed by cultural elites. In New York, about hate. Regular order is in place. It Mr. Speaker, every act of violence is tragic for example, city officials recently is about protecting young people who and harmful in its consequences, but not all cited hate crime principles to force a have an identity that is different from crime is based on hate. A ‘‘hate crime’’ is the pastor to remove billboards containing any of us. It is about reflecting the def- violence of intolerance and bigotry, intended to biblical quotations on sexual morality. inition of hatred that says that it is an hurt and intimidate someone because of their Many pastors and ministers from affection of the mind awakened by race, ethnicity, national origin, religion, sexual around this Nation adamantly oppose something regarded as evil. Can we in orientation, or disability. this legislation. And to bring this for- America regard human life as evil? The purveyors of hate use explosives, ward on the National Day of Prayer Even as Christians, and many of us arson, weapons, vandalism, physical violence, adds insult to injury and may, in fact, are not, the Bible dictates about the and verbal threats of violence to instill fear in be hateful. instruction of loving thy neighbor. their victims, leaving them vulnerable to more The hate crimes bill creates a new This bill reflects on the needs of Afri- attacks and feeling alienated, helpless, sus- Federal thought crime. The bill re- can Americans and Hispanics and the picious and fearful. Others may become frus- quires law enforcement officials to disabled and those with gender iden- trated and angry if they believe the local gov- probe, infer, or deduce if a crime oc- tity. It reflects on the fact that bru- ernment and other groups in the community curred because of a bias towards a pro- tality and viciousness because of hate will not protect them. When perpetrators of tected group. A criminal’s thoughts cannot be tolerated by a country that hate are not prosecuted as criminals and their will be considered an element of the believes we are all created equal. acts not publicly condemned, their crimes can crime. This is a fair bill. It does not encour- weaken even those communities with the Mr. Speaker, I respectfully suggest age you to change your faith, but it en- healthiest race relations. that one can never reliably determine courages you to adhere to democracy Of all crimes, hate crimes are most likely to the true thought or motive of a crimi- and to the Constitution. create or exacerbate tensions, which can trig- nal. Mr. Speaker, I rise in strong support of H.R. ger larger community-wide racial conflict, civil And with thought crimes come 1592, the ‘‘Local Law Enforcement Hate disturbances, and even riots. Hate crimes put thought police. What a sad day. Crimes Prevention Act of 2007.’’ Mr. Speaker, cities and towns at risk of serious social and Mr. CONYERS. Mr. Speaker, I am de- as important as it is to apprehend, prosecute, economic consequences. The immediate costs lighted to yield 1 minute to the chair- convict, and punish severely those who com- of racial conflicts and civil disturbances are man of our caucus, Mr. RAHM EMANUEL mit hate crimes, we can all agree that in the police, fire, and medical personnel overtime, of Illinois. long run it is even more important and better injury or death, business and residential prop- Mr. EMANUEL. Mr. Speaker, when it for society if we can increase our effective- erty loss, and damage to vehicles and equip- comes to hate and discrimination, ness in eradicating the desire to commit a ment. Long-term recovery may be hindered by America speaks with one voice, ‘‘no.’’ hate crime in the first place. I have long be- a decline in property values, which results in Zero tolerance. You cannot be a beacon lieved, and research confirms, that if a person lower tax revenues, scarcity of funds for re- of freedom around the world and fail does not acquire a proclivity to hate as a juve- building, and increased insurance rates. that test here at home. nile, he or she is not likely to be motivated to Mr. Speaker, a study funded by the Bureau President Kennedy was moved on the commit crimes out of hate as an adult. of Justice Statistics released September 2000, civil rights movement because he un- Mr. Speaker, Webster’s Dictionary defines shows that 85 percent of law enforcement offi- derstood, in the battle of the Cold War, hate as a ‘‘strong aversion; intense dislike; cials surveyed recognize bias-motivated vio- you could not be a beacon for freedom hate; an affection of the mind awakened by lence to be more serious than similar crimes against intolerance around the world if something regarded as evil.’’ not motivated by bias.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.037 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4440 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Hate crimes are destructive and divisive. A Near San Diego, California, elderly immi- speech. Opponents seem to be complaining random act of violence resulting in injury or grant workers were attacked by white youths. that the legislation would prohibit pursuant to even death is a tragic event that devastates The body of a Latino immigrant youth was Rule 404 of the Federal Rules of Evidence, the lives of the victim and their family, but the also discovered in the same vicinity as the at- the introduction of substantive evidence of the intentional selection and beating or murder of tacks on the workers. defendant’s expression or associations, unless an individual because of who they are terror- An African-American employee of a con- the evidence specifically relates to the offense izes an entire community and sometimes the struction company in Marquette, Kansas, re- or is used to impeach a witness. In this way, Nation. For example, it is easy to recognize ported that he had been racially harassed for the legislation strikes the appropriate balance the difference between check-kiting and a several months by fellow employees through between two competing interests: the interest cross burning; or an arson of an office building racist graffiti and name-calling. of the government in punishing hate crimes versus the intentional torching of a church or A Jewish synagogue was vandalized by four and the rights of the defendant. synagogue. The church or synagogue burning Arab-American males in the Bronx, New York. Hate crimes legislation allows society to pre- Every individual’s life is valuable and sa- has a profound impact on the congregation, scribe greater punishments for hate crimes be- cred, and even one life lost is too many. There the faith community, the greater community, cause of the distinct emotional harm they is ample evidence that violent, bias-motivated and the Nation. cause their victims, the community unrest they Mr. Speaker, some opponents of hate crimes are a widespread and serious problem incite, and the likelihood that they will provoke crimes legislation claim that such legislation is in our Nation. But it is not the frequency or retaliatory crimes. See Wisconsin v. Mitchell, a solution in search of a problem. They claim number of these crimes alone, that distinguish 508 U.S. 476, 488 (1993) (upholding a hate that there is no epidemic of bias-motivated vi- these acts of violence from other types of olence and thus no need to legislate. I wish to crime; it is the impact these crimes have on crimes punishment enhancement statute). briefly address this claim. the victims, their families, their communities However, H.R. 1592 also protects a defendant’s rights by only permitting the introduction VICTIMS AND PERPETRATORS and, in some instances, the Nation. According to the Bureau of Justice Statis- Evidence indicates that bias-motivated of evidence within the confines of the Federal tics, racially motivated hate crimes most fre- crimes are underreported; however, statistics Rules of Evidence and the First Amendment. quently target blacks. Six in ten racially biased show that since 1991 over 100,000 hate crime The First Amendment protects speech and incidents target blacks, and 3 in 10 incidents offenses have been reported to the FBI, with expressive conduct. Our bill only punishes targeted whites. Hispanics of all races were 7,163 reported in 2005, the FBI’s most recent criminal conduct, which is not protected by the targeted in 6.7 percent of incidents and Asians reporting period. Crimes based on race-related First Amendment. Any argument that this leg- in 3 percent. Younger offenders were respon- bias were by far the most common, rep- islation punishes expressive conduct would sible for most hate crimes and most of their resenting 54.7 percent of all offenses for 2005. likely be unsuccessful because using violence victims were between 11 and 31. The age of Crimes based on religion represented 17.1 to convey one’s ideas is outside the scope of victims of violent hate crimes drops dramati- percent and ethnicity/national origin, 13.2 per- the First Amendment. NAACP v. Claiborne cally after age 45. Thirty-one percent of violent cent. Crimes based on sexual orientation con- Hardware Co., 458 U.S. 886, 916 (1982). In offenders and 46 percent of property offenders stituted 14.2 percent of all bias-motivated Wisconsin v. Mitchell the Court distinguished were under age 18. Thirty-two percent of hate crimes in 2005, with 1,017 reported for the between statutes that are explicitly directed at crimes occurred in a residence, 28 percent in year. expression and statutes that are directed at an open space, 19 percent in a retail commer- The National Coalition of Anti-Violence Pro- conduct. 508 U.S. at 487. The Court upheld cial establishment or public building, 12 per- grams (NCAVP), a non-profit organization that the statute in Wisconsin v. Mitchell because it cent at a school or college, and 3 percent at tracks bias incidents against gay, lesbian, bi- was directed at criminal conduct, unlike the a church, synagogue, or temple. sexual and transgender people, reported statute at issue in R.A.V. v. St. Paul, which EXAMPLES OF CRS HATE CRIME CASES 1,985 incidents for 2005 from only 13 jurisdic- the Court struck down because it was explic- In Harris County—Houston—Texas, in a tions, compared to the 12,417 agencies re- itly directed at expression. Id. The critical flaw case that drew national attention, 16-year-old porting to the FBI in 2005. with the statute at issue in R.A.V. was that it David Ray Ritcheson, a Mexican-American, Additionally, the Hate Crimes Statistics Act was viewpoint discriminatory: It prohibited oth- was severely assaulted April 23, 2007, by two makes the reporting of bias-motivated crimes erwise permissible speech based on the sub- youths while attending a party in the Houston by State and local jurisdictions voluntary, reject and perspective of the speech. R.A.V. v. suburb of Spring, Texas. One of his teen-age sulting in no participation by many jurisdictions St. Paul, 505 U.S. 377, 391 (1992). attackers, a skinhead, yelled ethnic slurs and each year. Hawaii, for instance, did not partici- H.R. 1592 does not ban religious, political, kicked a pipe up his rectum, severely dam- pate in reporting at all in 2005. Underreporting or offensive speech, or even punish expres- aging his internal organs and leaving him in is also common. Wyoming, for instance, re- sive conduct, such as cross burning or flag the hospital for 3 months and 8 days—almost ported only 4 incidents for 2005. Six States re- burning. Rather, the legislation is only directed all of it in critical care. For the supposed crime ported 10 or fewer incidents in 2005. Some at criminal conduct that is independently crimi- of allegedly kissing a white girl, young David large cities have been egregiously deficient in nal, such as assault or murder. It punishes Ray’s assailants punched him unconscious, reporting hate crimes. Jacksonville, Florida, for conduct that is already criminal more severely kicked him in the head, sadistically inflicted 17 example, reported only 5 incidents in 2005. because of the defendant’s motivation in Sadly, statistics only give a glimpse of the cigarette burns that still scar his body, poured choosing the victim. Thus, evidence of a de- problem. It is widely recognized that violent bleach on his face and body, and then as- fendant’s expressions and associations prop- crimes on the basis of sexual orientation often saulted with a pipe taken from a patio um- erly can be admitted under certain cir- go unreported due to fear and stigmatization. brella. He was left lying unconscious and unat- cumstances. A Department of Justice report released in Oc- tended in the back yard of a house for more Moreover, Mr. Speaker, nothing in this legis- than 8 hours. He has endured more than 30 tober 2001 confirms that bias-motivated lation would prohibit the lawful expression of operations to restore his appearance and re- crimes are under-reported; that a dispropor- one’s deeply held religious beliefs. If they gain the normal use of his bodily functions. tionately high percentage of both victims and In Jasper, Texas, an African-American man, perpetrators of these violent crimes are young wish, any person will continue to be free to James Byrd, Jr., was brutally murdered by people under 25 years of age; and that only say things like: ‘‘Homosexuality is sinful’’; ‘‘Ho- being kidnapped, beaten unconscious, spray 20 percent of reported hate crimes result in ar- mosexuality is an abomination’’; or ‘‘Homo- painted in the face with black paint, tied to the rest. sexuals will not inherit the kingdom of heav- back of a pick-up truck, pants dropped down A December 2001 report by the Southern en.’’ This is because H.R. 1592 only covers to his ankles, dragged 2.5 miles over pave- Poverty Law Center, SPLC, a nonprofit organi- violent actions committed because of a per- ment through a rural Black community in Jas- zation that monitors hate groups and extremist son’s sexual orientation that result in death or per County called Huff Creek, leaving his skin, activity in the United States, went so far as to bodily injury. blood, arms, head, genitalia, and other parts say that the system for collecting hate crimes Mr. Speaker, the American public opinion of his body strewn along the highway, his re- data in this Nation is ‘‘in shambles.’’ SPLC es- strongly favors this legislation. According to a mains were dumped in front of a Black ceme- timates that the real number of hate crimes recent survey by Peter Hart and Associates, tery. being committed in the United States each voters overwhelmingly favor expanding the In Springfield, Missouri, an African-American year is likely closer to 50,000, as opposed to definition of hate crimes to include crimes male in the company of a white female was the nearly 8,000 reported by the FBI. against people based on sexual orientation or stabbed at local Denny’s restaurant by a Next, Mr. Speaker, let me address the spe- gender identity. Three in four (73 percent) vot- group of white males. cious claim that H.R. 1592 abridges free ers favor Congress’s expanding the definition

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MY7.025 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4441 of hate crimes in this way, including 62 per- think that is a reason for them to be And closer to home, right outside my district cent who strongly favor it. Just 22 percent op- assaulted. in Newark, CA, a young woman in high pose this action, with 17 percent who strongly Support the bill. school, named Gwen Araujo, was viciously oppose it. Mr. SMITH of Texas. Mr. Speaker, I beaten to death and buried, again, by four Support for hate crimes definition expansion reserve the balance of my time. young men, simply because she was born a is strong across the board. Large majorities of Mr. CONYERS. Mr. Speaker, I apolo- male. Gwen was comfortable as herself, a every major subgroup of the electorate—in- gize to my colleagues. We have twice as transgendered woman, who had gone through cluding such traditionally conservative groups many requests for time than we have most of high school as a girl, and had the love as Republican men (56 percent) and evan- the time. and support of her family, particularly her gelical Christians (63 percent)—express sup- Mr. Speaker, I now yield 30 seconds mother, Sylvia Guerrero. port for this proposal. Support also crosses ra- to the brilliant gentlelady from Oak- Her story resonates with me because in my cial lines, with three in four whites (74 per- land, California, BARBARA LEE. time in the California Legislature, I cham- (Ms. LEE asked and was given percent), African Americans (74 percent), and pioned the California School Hate Crimes Re- mission to revise and extend her re- Latinos (72 percent) favoring Congress’s in- duction Act. I did so because our children marks.) cluding sexual orientation and gender identity needed to feel safe in their schools. I was de- Ms. LEE. Mr. Speaker, let me thank termined to include sexual orientation in that in the definition of hate crimes. Congresswoman BALDWIN and Congress- Voters believe strongly in government’s obli- bill. Doing so made passing that legislation an man BARNEY FRANK for making sure we uphill battle, even leading to a veto by Gov- gation to protect all citizens, the fact that have a chance to vote on this very im- crimes based on prejudice are directed ernor Pete Wilson. Nonetheless, we were fi- portant legislation today. And I just nally able to pass the California School Hate against an entire community, and that it would want to briefly tell you a story, if I give local law enforcement extra help in solv- Crimes Act of 1995, thanks to the assistance can, very quickly. of our former Republican colleague, Congress- ing crimes. There was a young lady next to my Voters soundly reject arguments against this man Tom Campbell who was then serving district named Gwen Araujo. She was with me in the California Legislature. During proposal. Whether it is the idea that it creates viciously beaten to death and buried, unequal treatment under the law; that it at- that period, I learned just how deep-seated the again, by four men, simply because she hate against people who were gay or tacks the moral and religious beliefs of those was born a male. Gwen was com- opposed to homosexuality; or that it equates transgendered, black or latino, or otherwise fortable as herself, as a transgendered somehow different, still is today and that is being gay with being Black or a woman, argu- woman who had gone through most of ments against the hate crimes bill are not why we need to pass H.R. 1592 today. high school as a girl and had the love Mr. Speaker, these stories are just a small compelling to the public. and support of her family, particularly Finally, Mr. Speaker, by passing H.R. 1592 glimpse of the vicious crimes going on out her mother, Sylvia Guerrero. there. We must pass this legislation today, in we also pay fitting tribute to David Ray Mr. Speaker, let me just say there Ritcheson of Spring, Texas, my constituent, the memory of Michael Sandy, Gwen Araujo, are so many stories of countless people and countless others who are now dead, sim- friend, and a very courageous young man. who are dead, countless people who get ply because they were themselves. People David Ray, a victim of one of the most horrible killed because of their God-given right have a God given right to be themselves and hate crimes in Harris County, Texas came for- that they were living to be themselves. as law makers we must protect everyone from ward to tell his story to the Crime Sub- Mr. Speaker, I rise today in strong support violence based on hate. As an African-Amer- committee in the hopes of saving others from of H.R. 1592, and I am pleased that today, we ican woman who has faced so much hatred experiencing a similar brutal ordeal. In coming can have a vote on the legislation that I know and so much discrimination in my life I implore forward, he has performed a valuable service many of us have in this chamber. Chairman you today to remember the words of Dr. M.L. to our Nation. In going forward with H.R. 1592 ONYERS ALDWIN C , Congresswoman B , and King, Jr. Injustice anywhere is a threat to jus- and seeing it through to final passage, this RANK Congressman F . tice everywhere. Committee is also performing a great service This legislation is long overdue. In the his- Mr. CONYERS. Mr. Speaker, I am to our Nation by hastening the day when we tory of this Nation, there is a dark chapter. honored to yield 1 minute to the major- make hate history. That chapter is full traumatic scenes of people ity leader, Mr. HOYER. In conclusion, let me say that I strongly sup- being murdered, beaten, attacked, raped, har- Mr. HOYER. Mr. Speaker, this will be port H.R. 1592 and will vote to report the bill assed, and threatened because something one of the serious votes that we cast favorably to the full Committee. about them was different from their aggres- during this session. This will be a vote Mr. SMITH of Texas. Mr. Speaker, I sors. Whether it has been the color of their on whether or not we are going to reserve the balance of my time. skin, their religion, their gender, their disability, allow bigotry to manifest itself in hate Mr. CONYERS. Mr. Speaker, I am National origin, or their sexual orientation or and result in violence. proud to yield 1 minute to JAN identity the sad fact is that so many in this My friend, Artur Davis, rose and he SCHAKOWSKY of Illinois. country have suffered violence, often ending in said he didn’t know anybody of faith Ms. SCHAKOWSKY. I thank the gen- death, because of one of these reasons. who recommended violence. I would tleman. Sadly, many of the recent attacks based on suggest that tragically the citizens of I am so proud to stand here against sexual orientation have been on black gay the United States know all too well hate, but even more, I feel compelled men. One of those stories happened in New some who claim to be men of faith and to stand here against violence. York this past October, when a young man who have issued fatwas to kill those When the categories of people that named Michael Sandy, was beaten by four not of their faith, and that if they do are named in this bill were picked, it men who set him up, just so they could beat so, Allah will reward them. We call wasn’t sort of a capricious or random and rob him. He ended up in a coma for sev- them terrorists. They kill not because or even a liberal bias sort of thing, that eral days, before finally succumbing to his in- of individual wrongdoing or individual we want to support certain people or juries. In court proceedings, it was revealed action. They kill because of the mem- single them out. It is because the sta- that his at1ackers would often seek out gay bership in a faith or a race or a nation- tistics show us and the law enforce- men to steal from and attack. Fortunately, ality, because perhaps we are Christian ment community who supports this bill New York has a Hate Crimes law that includes or we are Jews or we are Americans. has said, these are the victims of vio- sexual orientation. And we call them terrorists. lence. They are named for only one rea- Many hate groups have also used the de- This is an important vote. Neither son and that’s it. And we are talking bate on immigration to amp up their hate the exercise of bigotry nor the ration- about people who are victims of as- speech, and violence, promoting hate crimes alization of bigotry ought to be sanc- sault, of brutal attacks, of torture, or against Mexican-Americans and other Latinos. tioned in this great House, but we even of murder. In Houston, TX, David Ritcheson, a 16 year- know through the centuries it has You can say it as many times as you old Mexican-American high school football been. We know there were those who in want. This is not about thought. This team member was viciously and savagely times past rose on this floor and is not about speech. This is about vio- beaten by two young skinheads. They poured rationalized slavery and rationalized lence. And you or your pastor may not bleach on him, and sodomized him, leaving why we should not have antilynching agree with homosexuals or him a coma, with massive internal injuries and laws in America. We know that. We la- transgenders, but surely you don’t now deaf in one ear. ment it, and we say to ourselves had we

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.027 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4442 CONGRESSIONAL RECORD — HOUSE May 3, 2007 lived in those times, had we lived in we had the courage to live out the prin- essary but also because it is the right thing to the 18th century, hopefully we would ciples that makes America such a won- do. have been beyond our time, or in the derful, great, decent and just Nation. Mr. CONYERS. Mr. Speaker, it is my 19th century hopefully beyond our Vote for this bill. Vote for our prin- honor now to recognize the Speaker of time, or in the 20th century hopefully ciples. Vote for your faith that teaches the House, Ms. NANCY PELOSI, for 1 beyond our time, as Martin Luther that we reach out to lift up and to love. minute. King, Jr., urged us to be. Vote for this bill. Ms. PELOSI. I thank the distin- We serve now in the 21st century, and Mr. Speaker, today, through this legisla- guished chairman of the Judiciary we know that there are those in Amer- tion—‘‘The Local Law Enforcement Hate Committee, Mr. CONYERS, for yielding ica and throughout the world who Crimes Prevention Act’’—the Members of this time, but more importantly, for bring- preach hate against a class of people body will make a strong statement in favor of ing this important legislation to the not because of their actions, not be- values that unite us as Americans: tolerance, floor in his ongoing, long commitment cause of their character, but because of respect for our differences, and justice and ac- to justice in our country. And I want to who they are. That is what this vote is countability for those who perpetrate violent commend Congresswoman TAMMY about today. acts against others. BALDWIN and Chairman BARNEY FRANK Through this legislation, the Local It is long past time to bring the existing Fed- for their leadership. It is an honor to Law Enforcement Hate Crimes Preven- eral hate crimes law, which was enacted near- call you colleague. Thank you for giv- tion Act, the Members of this body will ly 40 years ago, into the 21st century. ing us the opportunity today to make make a strong statement in favor of Under existing law, Federal jurisdiction over America more American. Every day we come to this floor, we values that unite us as Americans: tol- hate crimes is limited to those acts directed at honor the tradition of our Founders, erance, respect for our differences, and individuals on the basis of race, religion, color that every person is created equal, and justice and accountability for those or national origin and only when the victim is that we are all God’s children. Every targeted because he or she is engaged in a who perpetrate violent acts against day that we come to this floor, we Federally protected activity, such as voting. others. pledge allegiance to the flag, and at This legislation broadens this provision to It has been too recent that lynching the end of that pledge we say ‘‘with lib- cover all violent crimes motivated by race, reli- was rationalized in our country. It is erty and justice for all.’’ That is what gion, or national origin, when the defendant too present in today’s society that today is about. Because in the pre- causes bodily injury or attempts to cause bod- some across the sea and, yes, some here amble to the Constitution, which we ily injury. rationalize violence because of mem- take an oath to, we talk about forming Furthermore, the bill expands current law to bership in another class different than a more perfect union. Our Founders prohibit the same conduct, if such conduct is they. It is long past time to bring the knew that our Constitution had to be motivated on the basis of the victim’s gender, existing Federal hate crimes law, amended. They knew that we had to which was enacted nearly 40 years ago, sexual orientation, gender identity, or dis- move to a more perfect union in terms into the 21st century. Under existing ability. of legislation to reflect the values of Mr. Speaker, the fact is, the Federal Gov- law, Federal jurisdiction over hate our country. And so we are here today crimes is limited to those acts directed ernment has long had a history of combating to extend to the hate crimes legislation at individuals on the basis of race, reli- crimes based on prejudice. others who have had hate crimes com- This bill simply expands the current law to gion, color, or national origin. mitted against them. The record is Let me say something about that to groups that historically have been affected by clear. my friends. We have come to accept in violence and thus it responds to the reality in What I am so interested in is the fact America in the 21st century that it is America today. that so many law enforcement organi- not respectable nor acceptable to be According to the FBI, race ranks first among zations have endorsed this legislation. bigoted against those who are black, be motivations for hate crimes and sexual ori- My colleagues have spoken very elo- bigoted against those who are women, entation ranks second among the reasons that quently as to why this is about the val- be bigoted against those who are people are targeted. ues of our country. They have spoken Catholic or Baptist or Jews or Mus- Some people ask: Why is this legislation very clearly about the need for this lims. It is not respectable. It is not ac- even necessary? legislation. And if it has been said, I ceptable. You don’t talk about that in To them, I answer: because brutal hate think it bears repeating that the law the restaurant anymore. crimes motivated by race, religion, national enforcement organizations, many of But there is a class in America that orgin, gender, sexual orientation and identity them, including the International As- is still respectable, rationalized many or disability not only injure individual victims, sociation of Chiefs of Police, the Na- times by faith. But then segregation but also terrorize entire segments of our popu- tional District Attorneys Association, was rationalized for faith-based rea- lation and tear at our Nation’s social fabric. the National Sheriffs Association, the sons. Let us be clear: This legislation does not af- Police Executive Research Forum, as My friends, this is an important vote fect free speech, or punish beliefs or thoughts. well as nearly 30 attorney generals of conscience, of a statement of what It only seeks to punish violent acts. across the country, support need for America is, a society that understands Furthermore, Mr. Speaker, this bill would Federal hate crime legislation. They that we accept differences. We may not allow the Federal Government to provide as- are joined by more than 230 civil agree with those differences, but we sistance to State and local law enforcement rights, education, religious and civic know if society is to be free that we officials to investigate and prosecute hate organizations who have voiced their must accept differences. crimes, and would clarify the conditions under support. Let us be clear that this Con- which such crimes could be federally inves- b 1245 gress, this House of Representatives, tigated and prosecuted. have heard their call. That is the bedrock of what America Enacting these important additions to cur- Hate crimes, as have been said, have means, not just to us, but to all the rent law will send a very powerful message no place in America, no place where we world. that crimes committed against any American— pledge every morning ‘‘with liberty and And so today, my friends, I say we just because of who he or she is—are abso- justice for all.’’ We must act to end have an important statement to make, lutely unacceptable. hate crimes and save lives. not a bill to pass, but a statement to Not surprisingly, this legislation is supported Mr. Speaker, the legislation will help make about the values of our country. by 31 State attorneys general, and more than prevent bias-motivated violence based I had a prepared statement here, I 280 national law enforcement, professional, on religion, sexual orientation, gender, won’t read the balance of it. But I hope education, civil rights, religious and civic orga- gender identity, national origin or dis- that every Member has the courage and nizations, including the International Associa- ability, while respecting the first the perspective, that when they rise tion of Chiefs of Police, the National District amendment rights of free speech and from their bed 20 years from now, they Attorneys Association and the National Sher- religious expression. It increases the will be able to say, unlike some of our iffs Association. ability of State, local and Federal law predecessors in centuries past who I urge my colleagues: Vote for this legisla- enforcement agencies to solve a wide failed the test of tolerance, to say that tion, not only because it is important and nec- range of violent hate crimes.

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.040 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4443 We in our country take pride in say- Mr. CONYERS. Mr. Speaker, I now So much has been done over the ing that we are moving to end discrimi- yield 30 seconds to the gentleman from years to ensure inclusion of Americans nation of all kinds. Today, we have an Oregon (Mr. BLUMENAUER). with disabilities in our communities. opportunity to end discrimination and Mr. BLUMENAUER. Mr. Speaker, we Sadly, though, there have been shame- the violence that goes with it that make progress in dealing with dis- ful instances where these Americans, equal a hate crime. So whatever you crimination based on sexual orienta- who may look or speak differently than may think of any one of us, based on tion when we’re not distracted by myth others, are victims of abuse, neglect or our ethnicity or our gender or what- and bigotry, but when we deal with the targeted crimes. Investigating and ever, you have no right to act upon rights and needs of real people. I am prosecuting hate violence against that opinion in a violent way. Who pleased that that is why we will pass someone with a disability involves would disagree with that? That is why this hate crime legislation today which unique challenges to law enforcement. I hope that we can send a clear mes- follows progress in my State of Oregon Many violent crimes against people sage from the Congress that this Con- just this week, where we have provided with disabilities go unreported or gress does not agree with that and pass protection for domestic partnerships unprosecuted. Providing Federal re- this legislation. and antidiscrimination legislation. I sources to law enforcement is essential Who of us can think of the story of hope it will herald changes on the Fed- to help ensure proper prosecution of the Shepard family and the Byrd fam- eral level in the military for gays and these crimes. ily and so many examples that we have lesbians, and in the workplace with I urge my colleagues to support this of this and not say that is wrong. And non-discrimination protection for all legislation. at the very least, we can pass legisla- Americans. Mr. Speaker, I rise in strong support of H.R. tion that tells Federal authorities that When we deal with real people, their 1592, the Local Law Enforcement Hate they can assist State and local authori- rights and needs, we will solve these Crimes Prevention Act of 2007. This legisla- ties in enforcing the law. Over 100,000 problems and America will be a better tion will expand the Federal definition of hate hate crimes reported since 1991. There place. crimes, allowing for Federal resources for law are so many more that go unreported, Mr. CONYERS. Mr. Speaker, I am enforcement in their investigations and pros- many of them unprosecuted. pleased now to yield 30 seconds to my ecutions of hate crimes. So today, let us take this step for- dear friend from Maryland (Mr. WYNN). I come to the floor today to draw attention ward that is consistent with the values Mr. WYNN. Mr. Speaker, I rise in to the inclusion of crimes in which a victim of our Founders, both in terms of all strong support of this legislation be- was selected because of his or her disability. being equal, and our faith that we are cause it is time to take a stand against The Supreme Court’s Olmstead decision, all God’s children, but also consistent the violence, the violent acts that flow the ADA and other progressive policies have with the call and the preamble to form from prejudice. This is not about the resulted in increased inclusion of Americans a more perfect union. thought police, this is not about ser- with disabilities in our classrooms, workplaces Again, passing this legislation makes mons on morality, this is about the and communities. As a nation, we are growing America more American. I urge a status of our civilization, and it is in our acceptance of those who are perceived ‘‘yes’’ vote. about our humanity. as ‘‘different.’’ But this effort has not been Mr. CONYERS. Mr. Speaker, I yield As human beings, we have the right without growing pains. Many people with dis- now for a unanimous consent request to be safe from physical attack, no to the gentleman from Ohio. abilities look or speak differently or struggle (Mr. KUCINICH asked and was given matter our race, our religion, sexual with challenges like chronic seizures. We have permission to revise and extend his re- orientation or gender identity. In other seen too many shameful instances where marks.) words, human beings have the right to these Americans are the victims of abuse, ne- Mr. KUCINICH. Mr. Speaker, I rise in be safe from attacks based on who they glect and targeted crimes. support of this legislation, because our are. No one should have to be afraid be- I recently learned the story of Ricky Nation is one. cause of who they are. Whistnant, a mentally retarded adult man who I rise today in support of the Local Law En- We need to pass this legislation to was excited to have the opportunity to live forcement Hate Crimes Prevention Act. Crime, ensure that this principle is embodied independently at the age of 39. With the sup- violent crime in particular, has repercussions in our law. port of a local social service agency, he beyond the individual perpetrator and victim. It Mr. CONYERS. Mr. Speaker, I am moved out of a Connecticut state group home impacts family and friends and the sur- pleased to recognize our brother from and learned to cook for himself, maintain an rounding community. Missouri (Mr. CLEAVER), himself a min- apartment and be a part of the community. Hate crimes, whether motivated by the race, ister, for 30 seconds. One evening, after cooking himself a chicken creed, or sexual orientation of an individual, Mr. CLEAVER. Mr. Speaker, as best dinner, Ricky went to the corner store to buy terrorize a community. In 2005, 7,163 hate as can be determined, I have delivered some soda. He encountered a group of teen- crimes were reported to the FBI. Over half of at least 15,600 sermons. I have never agers who mocked him, followed him back to those hate crimes were motivated by race-re- been investigated, I have never been in- his apartment, hurled a soda bottle at him. lated bias. Seventeen percent were crimes dicted. I have spoken in churches and After he fell, striking his head on a windowsill, based on religion. One in six hate crimes is synagogues all around this country. I the boys continued to kick and taunt him. motivated by the victim’s sexual orientation. have spoken to thousands of pastors Ricky died a short time later in the hospital. The purpose and intention of these crimes ex- and clergy. I know not one who has Ricky’s story is extreme, but it is not iso- tends beyond the crime itself. They serve to been investigated for a sermon. lated. It represents the reality of the chal- instill fear in others sharing that trait. And so today I must not say I cannot, lenges faced by individuals with disabilities. In- This legislation does not punish thoughts or I must not, I will not sit silently and vestigating and prosecuting hate violence speech; it punishes crimes motivated by bias watch any injustice because in the against someone with a disability involves against the race, religion, national origin, gen- words of my unlettered grandmother, unique challenges to law enforcement, and der identity, or sexual orientation of the victim. ‘‘The God I serve don’t make no trash.’’ sadly many violent crimes against people with It gives law enforcement additional tools to Mr. CONYERS. Mr. Speaker, I now disabilities go unreported or unprosecuted. punish violent crimes. recognize the gentleman from Rhode As policymakers, we have a responsibility to Hate crimes are inherently divisive. Regard- Island (Mr. LANGEVIN) for 30 seconds. address this problem. The inclusion of dis- less of the group targeted, hate crimes under- (Mr. LANGEVIN asked and was given ability in the Federal hate crimes statute is a mine our collective ability to look past our dif- permission to revise and extend his re- meaningful and substantive way to combat vi- ferences and find common ground. If we as a marks.) olence against Americans with disabilities. I Nation seek the eradication of acts of vio- Mr. LANGEVIN. Mr. Speaker, I rise urge my colleagues to vote in favor of H.R. lence, we must address the underlying causes in strong support of the Hate Crimes 1592. of that violence. We must uncover and ad- Prevention Act. This legislation will Mr. CONYERS. Mr. Speaker, may I dress the hatred and discrimination that moti- expand the Federal definition of hate inquire as to how much time is remain- vates these crimes. crimes to include crimes which a vic- ing? This legislation is step towards that goal. I tim was selected because of his or her The SPEAKER pro tempore. The gen- urge my colleagues to support H.R. 1592. disability. tleman from Texas controls 4 minutes.

VerDate Aug 31 2005 01:05 May 04, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.042 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4444 CONGRESSIONAL RECORD — HOUSE May 3, 2007 The gentleman from Michigan has 50 and believe that such crimes should be Mr. CONYERS. Mr. Speaker, I am seconds remaining. punished to the fullest extent of the pleased to conclude our debate by Mr. CONYERS. I am now pleased to law when aggressive violence occurs. yielding our remaining time to the recognize LYNN WOOLSEY of California However, this legislation gives special gentleman from Texas (Mr. AL GREEN). for 30 seconds. preferences to certain classes of citi- Mr. AL GREEN of Texas. Mr. Speak- Ms. WOOLSEY. Mr. Speaker, my zens and would create a chilling effect er, Dr. King reminded us that on some granddaughter, Julia, is 3 years old. on one of our most cherished constitu- questions, cowards will ask us, is it She goes to preschool. Even in pre- tional rights. safe? What will happen to me if I do school, they gang up and they bully. For these reasons, I strongly urge my this? The answer is, what will happen The parents at that preschool tell me colleagues to oppose this bill. However, to them if we don’t do it? And on some that my Julia steps in and she stops it. if my colleagues need to be reminded questions, expediency will ask, is it She will not put up with bullying and further, I would like to share with politic? Will I get reelected? And then unfairness. them the statement of the administra- vanity asks, is it popular? It is our turn. Be as brave as a 3-year- tion regarding this legislation, H.R. Today, let’s do that which is neither old. Vote for H.R. 1592. Show the world 1592: safe nor politic nor popular. Let’s do it that if not now, when? ‘‘The administration favors strong because it’s right. Mr. SMITH of Texas. Mr. Speaker, I criminal penalties for violent crime, Mr. LEVIN. Mr. Speaker, I rise in strong will yield the balance of my time to my including crime based on personal support of the Hate Crimes Prevention Act. good friend and colleague from Vir- characteristics such as race, color, reli- This bipartisan legislation will give state and local law enforcement the tools and resources ginia (Mr. GOODLATTE), a senior mem- gion, or national origin. However, the ber of the Judiciary Committee. administration believes that H.R. 1592 they need to prevent and prosecute violent Mr. GOODLATTE. Mr. Speaker, I is unnecessary and constitutionally hate crimes. In the not so distant past, violence moti- would like to thank the gentleman questionable. If H.R. 1592 were pre- vated by hatred or discrimination towards a from Texas for his leadership on the sented to the President, his senior ad- minority was sanctioned by our government. committee and his strong opposition to visors would recommend that he veto As we struggled to right the inequities present this legislation. the bill. in our society, many used targeted violence I rise in strong opposition to the leg- ‘‘State and local criminal laws al- against individual African Americans as a tac- islation as well. This bill would in- ready provide criminal penalties for the violence addressed by the new Fed- tic to scare African Americans in general and crease penalties for those who commit eral crime defined in section 7 of H.R. discourage the Civil Rights Movement overall. crimes against certain groups of citi- 1592, and many of these laws carry This type of targeted violence against a mi- zens, but not others. For example, if a stricter penalties (including manda- nority—violence specifically intended to intimi- man walks down the street and tory minimums and the death penalty) date and repress all members of that minor- punches another man because the vic- than the proposed language in H.R. ity—was particularly reprehensible and dam- tim is a transvestite, the aggressor 1592. State and local law enforcement aging to society as a whole. Congress recog- would be punishable by up to 10 addi- agencies and courts have the capability nized that these particularly heinous actions tional years in prison. However, if the to enforce those penalties and are warranted stronger criminal penalties, which same man walks down the street and doing so effectively. were codified in Federal hate crimes law in punches another person because the ‘‘There has been no persuasive dem- 1968. victim is a pregnant woman, a senior onstration of any need to federalize Unfortunately, almost 20 years later bias- citizen, a child under the age of 10, a such a potentially large range of vio- based violence continues, and while the veteran or the like, then the aggressor lent crime enforcement, and doing so is groups and individuals victimized have would not be punishable by the poten- inconsistent with the proper allocation changed, the damage remains the same. In tial 10-year prison sentence. This is of criminal enforcement responsibil- 1998, Matthew Sheppard was viciously mur- simply unfair. ities between the different levels of dered because of his sexual orientation. In While I strongly support efforts to government. In addition, almost every January 2000, a 16-year-old high school fe- rid our schools, neighborhoods and State in the country can actively pros- male student was brutally attacked by a group communities of violent crimes, I do not ecute hate crimes under the State’s of teenagers because the student was holding believe that new Federal laws specifi- own hate crimes law.’’ hands with another girl—a common practice in cally addressing hate crimes are nec- Mr. Speaker, I include the balance of her native country in Africa. Just last October, essary. the statement of administration policy Michael Sandy was beaten then chased into Today, there are few, if any, cases in for the RECORD. traffic and killed because he was gay. which law enforcement has not pros- H.R. 1592 prohibits willfully causing or at- Under current law, the attackers in each of ecuted violent crimes to the fullest ex- tempting to cause bodily injury to any per- these cases could not be prosecuted for a tent of the law, regardless of the back- son based upon the victim’s race, color, reli- hate crime for two reasons. First, in order for ground of the person. gion, or national origin, gender, sexual ori- it to constitute a federal hate crime, a victim In addition, this bill sets a dangerous entation, gender identity, or disability. The must be engaged in a federally protected ac- and unconstitutional precedent of pun- Administration notes that the bill would tivity such as voting. Second, the current hate ishing citizens for their thoughts. leave other classes (such as the elderly, crime law does not consider sexual orientation When prosecutions occur under this members of the military, police officers, and a protected class. victims of prior crimes) without similar spe- The Hate Crimes Prevention Act addresses bill, prosecutors will undoubtedly sub- cial status. The Administration believes that mit evidence of prior statements by in- all violent crimes are unacceptable, regard- both these gaps in current law by expanding dividuals to prove that the aggressor less of the victims, and should be punished the definition of a hate crime to cover all vio- was motivated by hate. This will have firmly. Moreover, the bill’s proposed section lent crimes motivated by race, color, religion, a chilling effect on citizens’ willingness 249(a)(1) of title 18 of the U.S. Code raises national origin, gender, sexual orientation, to speak freely as citizens will adapt to constitutional concerns. Federalization of gender identity or disability. It also expands a new world where the Federal Govern- criminal law concerning the violence prohib- the instances in which federal authorities can ment can cause any unpopular state- ited by the bill would be constitutional only prosecute or assist local authorities in pros- if done in the implementation of a power ecuting hate crimes. ments they make to be used against granted to the Federal government, such as them in the future. the power to protect Federal personnel, to Importantly, the bill before the House in- One of the great freedoms we have as regulate interstate commerce, or to enforce cludes specific language stating that nothing in Americans is our first amendment equal protection of the laws. Section 249(a)(1) the bill can be interpreted to prohibit ‘‘expres- right to speak our minds, whether our is not by its terms limited to the exercise of sive conduct’’ protected by the First Amend- thoughts are popular or unpopular, and such a power, and it is not at all clear that ment. In doing so, we have ensured that this this legislation undermines that right. sufficient factual or legal grounds exist to legislation in no way impinges on one’s con- uphold this provision of H.R. 1592. stitutional right to freedom of speech or reli- 1300 b Mr. Speaker, I urge my colleagues to gious expression. Again, I abhor acts of violence support the administration and oppose The Hate Crimes Prevention Act enjoys the against any citizen. I abhor bigotry this legislation. strong support of law enforcement, and has

VerDate Aug 31 2005 01:19 May 04, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.046 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4445 been endorsed by International Association of By making our Nation’s hate crimes statutes more money to prosecute hate crime and by Chief of Police, the National Sheriffs’ Associa- more comprehensive, we will take a needed expanding the jurisdiction to crimes motivated tion, the National District Attorneys Associa- step in favor of tolerance and against preju- by bias against the victims actual or perceived tion, as well as 31 state Attorneys General. dice and hate-based crime in all its forms. sexual orientation, gender, or disability. I urge my colleagues to join me in sup- This legislation sends a strong message that Unfortunately, opponents of this bill are porting this important legislation. In doing so hate-based crime cannot be tolerated and will shamelessly advancing false claims about the we are sending a clear message that hate be vigorously prosecuted. bill’s impact on religion, particularly the free- crimes have no place in America. Ms. KILPATRICK. Mr. Speaker, at the be- dom of clergy to preach about their beliefs, Mr. HOLT. Mr. Speaker, I rise today in ginning of every Congress, every member of and that the bill legalizes certain sexual acts. strong support of the Local Law Enforcement this august body takes an oath to ‘‘defend and Both of these claims are patently false. If you Hate Crime Prevention Act, H.R. 1592. This protect the Constitution of the United States, are a minister, this bill does not restrict any legislation seeks to address the pernicious ef- against all enemies, foreign and domestic.’’ It sermon, homily, speech or lesson unless that fects that hate crimes have on our society. is an oath that I am proud that the majority of minister plans to start urging people to go out Bigotry, bias, and ignorance have existed the citizens of the 13th Congressional District and commit violent crimes against others. Dur- since the dawn of time. Yet, in a country of Michigan have honored me with their vote ing floor debate on the bill, Chairman CON- founded on the principles of freedom, equality for more than 12 years. One of the most im- YERS reiterated the fact that the bill would not and liberty for all, we must do all we can to portant duties that I have as a Member of the legalize any one of a plethora of sexual acts stop individuals from committing crimes based United States House of Representatives is to or activity, most of which are already illegal in solely on prejudice. protect and defend its citizens, which is pre- most states. According to the FBI’s Uniform Crime Re- cisely what H.R. 1592, the Hate Crimes Pre- Again this bill in no way, shape or fashion port, there were 7,163 hate crimes committed vention Act, introduced by my fellow Michi- restricts free speech. Indeed, it clearly states, in 2005 and we can be sure that number is gander and Detroiter, one of the founders of and has been supported by a Republican- low for crimes that are underreported. Hate the Congressional Black Caucus, House Judi- dominated, conservative Supreme Court, that crimes are very real. And each hate crime it in fact protects the First Amendment. Lan- ciary Chairman JOHN CONYERS, JR. This bill spreads fear and violence among an entire protects all Americans from bias-motivated vi- guage is protected under this bill. Actions are community. It’s long past time for Congress to olence; it provides funds so that local authori- criminalized. Preaching against homosexuality, against disabled people, against women—the pass this important legislation to help pros- ties can tackle the tough challenge of hate categories that this bill protects—is allowed as ecute those who would commit these heinous crimes, and it protects the First Amendment to it has always been, under the protections of acts. the Constitution. It does not criminalize speech To paraphrase Martin Luther King, the laws the First Amendment. Under this bill, it would or thoughts; it does not give some people we pass may not change the heart; but they be criminal to incite violence by willfully caus- ‘‘special rights,’’ and it is not anti-Christian. can restrain the heartless. As a child and as a proud Christian, the ing ‘‘bodily injury based on the actual or per- As an original cosponsor of this legislation, ceived race, color, religion, national origin, I believe it is the fundamental role of govern- least common denominator of all of the lessons that I learned from my parents and min- gender, sexual orientation, gender identity, or ment to protect its citizens. Therefore, it is disability of the victim or is a violation of the ister is about God’s ethic of love. Along that, necessary and proper for the federal govern- state, local, or tribal hate crime laws.’’ I learned from the practices of my parents and ment to work in conjunction with local law en- Since 1991, over 100,000 hate crimes have forcement officials to robustly prosecute my minister my divine responsibility to love our occurred in our nation. Hate crimes devastate crimes motivated by bigotry. neighbors as ourselves. Indeed, it is out of my the communities, counties, cities and states in The Local Law Enforcement Hate Crimes love that all of my brothers and sisters, and which they occur. These crimes of bigotry and Prevention Act expands our Nation’s existing the activism that Jesus Christ illustrated hatred against an identifiable minority—based hate crimes laws to ensure that certain violent through loving His enemies, through His com- on race, color, ethnic origin, gender, disability crimes committed against an individual be- passion for the poor, the down trodden, and or sexual orientation—not only hurts the indi- cause of race, religion, national origin, gender, those who seek justice, that I became an ac- vidual affected, but demoralizes and dehu- sexual orientation, gender identity, or disability tivist, a state legislator and now a Member of manizes whole groups of people. As the civil are prosecuted. As this bill states, bias and Congress. It is that thirst for justice for all rights era clearly illustrated, these crimes are bigotry related crime ‘‘savages the community human beings that drives all that I do, guided committed solely to intimidate and trample sharing the traits that caused the victim to be by unerring and infinite wisdom and faith in upon the human rights of others. selected’’ for the crime, Additionally, this legis- God. This as the immediate effect of crushing the lation expands the hate crime statute by drop- Despite the teachings of my parents and investment of companies in that locality, of ping the requirement that the victim had been that of countless clergy—of all religions— tourists visiting that state, of individuals want- engaged in six specifically defined federally around our Nation, there are some who pering to relocate to that region. This is measur- protected activities, such as voting. petrate crime with hatred and bigotry in their able in real dollars and cents. The Federal H.R. 1592 also creates a grant program for heart. Who can forget that, during the civil Government cannot stand by to allow these the federal government to assist state and rights era, the murders of the courageous heinous, horrible offenses to be committed. I local law enforcement agencies in inves- Medgar Evers? Who can forget the killing of did not stand for this when I was an activist tigating and prosecuting hate crimes. State civil rights workers James Chaney, Michael fighting for human rights in the City of Detroit, and local law enforcement prosecute the over- Schwerner, and Andrew Goodman for merely Michigan; I will not stand for it as a Member whelming majority of hate crimes. However, registering African Americans to vote? Who of Congress with an opportunity to make a investigating and prosecuting these acts takes can forget the murder of native Detroiter Viola change and make a difference. more time and resources than many local and Liuzzo, who was gunned down as she drove Holocaust survivor and Nobel Peace Prize state agencies may possess. Thus, H.R. 1592 civil rights workers to voting booths? All of winner Elie Wiesel once said that ‘‘indifference authorizes the federal government to provide these crimes, motivated by some bias, were is always the friend of the enemy, for it bene- tools and resources that are needed by local ultimately prosecuted under Federal laws be- fits the aggressor—never his victim, whose law enforcement. cause, at the time, local authorities were either pain is magnified when he or she is forgotten. This legislation is supported by the National unable or unwilling to prosecute these crimes. The political prisoner in his cell, the hungry Sheriffs Association, National District Attor- These crimes could only be prosecuted be- children, the homeless refugees—not to re- neys Association, International Association of cause all of these individuals were partici- spond to their plight, not to relieve their soli- Chiefs of Police, International Brotherhood of pating in activities protected by the Federal tude by offering them a spark of hope is to Police Officers, National Coalition of Public Government—helping individuals vote or reg- exile them from human memory. And in deny- Safety Officers, Anti-Defamation League, ister to vote, for example. Only in limited, spe- ing their humanity, we betray our own. Indiffer- American Jewish Committee, Consortium of cific instances does this law even apply. ence, then, is not only a sin, it is a punish- Developmental Disabilities Councils, Human I vote in support of H.R. 1592 because H.R. ment.’’ Rights Campaign, NAACP, National Victim 1592 sends a powerful message that all crime In the past decade, our country has had Center, United States Conference of Mayors, motivated by hatred and bias will not be toler- men murdered merely because they were gay, National Gay and Lesbian Task Force, Amer- ated in our society. I have voted for this bill at disabled, or African American. These were all ican Association on Mental Retardation, and every opportunity when it came before the hard-working, tax-paying, law-abiding Amer- more than 200 other law enforcement, reli- U.S. Congress. This legislation strengthens ican citizens, killed because of these dif- gious, civil rights, and civic organizations. Federal law by providing local authorities with ferences. As we move onward through this

VerDate Aug 31 2005 01:19 May 04, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MY7.044 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4446 CONGRESSIONAL RECORD — HOUSE May 3, 2007 new millennium, as we continue to change prosecutor in Cuyohoga County, OH, I know I fully support this bill. But I feel compelled course, confront crises, and continue the leg- that these numbers are shocking for a number to also note that it fails to address the growing acy, I will do so with the continued guidance of reasons. number of hate crimes being committed and love of an infinite God, with extraordinary In a country as blessed as we are, and with against homeless individuals. The National hope, with profound faith, and with the knowl- the resources that we have, we still have an Coalition for the Homeless has documented edge that in caring for the least of our brothers absurdly high crime rate. Violence is taken to 614 hate crimes against homeless individuals and sisters, we care for ourselves. We cannot be the norm. Local news in most big cities be- since 1999, including 189 deaths. Some of afford to be indifferent. gins with a report on who was shot. Then, we these crimes against society’s most vulnerable As we celebrate two centuries of the end of have a country which regularly puts out a re- have been caught on tape, giving us a the African slave trade, it is my hope that port on the human rights records of other glimpse into the violence and fear of violence today will be the beginning of the end of the countries around the world. Is a hate crime not that many homeless people experience on a decades of mindless hatred, bigotry, and dis- a human rights issue? It has been long estab- daily basis. I hope that this body will work to crimination against all God’s children. All lished constitutional doctrine that individuals bring the issue of hate crimes against home- Americans have an investment in a stable, vi- should not be treated differently based on their less individuals to light and move toward pro- olence-free government, and that is exactly race, color, creed, nationality, gender or sex- tections that recognize the value of all of our what this bill provides. ual orientation. neighbors, including those lacking shelter. Mr. RUSH. Mr. Speaker, I rise in strong This Act allows the Justice Department to Hate crimes impact all of us and it is our support of H.R. 1592, the Hate Crimes Pre- grant local jurisdictions up to $100,000 to help collective responsibility to actively confront the vention Act. This bill lends a voice to those prosecute hate crimes. It also provides mon- terror they cause. I urge all of my colleagues who have no voice. eys for preventative programs to stem the to support this important bill. As a nation, we have been endowed to pre- growing tide of hate crimes committed by mi- Mr. CASTLE. Mr. Speaker, today I rise in serve the truth that all men and women are nors. In the Bible, verse 5:43 in the Gospel of support of the Local Law Enforcement Hate created equal under God and as Members of Matthew, it says ‘‘Love thy neighbor.’’ That is Crimes Prevention Act, H.R. 1592, which will Congress, we must fight to preserve this truth what this bill is about. provide needed assistance to State and local as long as we continue to live in a democracy. The time is now to pass this legislation. We law enforcement agencies and make changes The Hate Crimes Prevention Act does not in honor our founders, ancestors, and the people to Federal law to facilitate the investigation any way infringe on the First Amendment who built this great Nation by ensuring that and prosecution of violent, bias-motivated rights of Americans. On the contrary, the bill going forward, Americans from every walk of crimes against people for no other reason only covers violent criminal actions. Nothing in life can walk down our streets in peace. than their perceived or actual race, religion, this legislation would prohibit any form of law- Mr. STARK. Mr. Speaker, I rise today in national origin, sexual orientation, gender, ful expression of one’s religious beliefs. strong support of hate crime prevention. gender identity, or disability. This legislation brings our current hate Our laws should reflect the reality that hate Hate crimes are alarmingly prevalent and crimes laws into the 21st century by expand- crimes are fundamentally different from ordi- threaten the full participation of all Americans ing the current provision to cover all violent nary crimes. Hate crimes cause entire commu- in our democratic society. While State and crimes motivated by race, color, religion, or nities to live in fear of being attacked simply local governments will maintain principal re- national origin when the defendant causes because of who they are. Hate crimes are sponsibility, an expanded Federal role in in- bodily injury, or attempts to cause bodily injury meant to send a message and terrorize an en- vestigating and prosecuting serious forms of through use of fire, a firearm, or an explosive tire group of people, not just an individual vic- hate crimes is critical in targeting and preventing hate crime in our Nation. The measure device. tim. Additionally, the bill will also allow the Fed- Hate crimes are a national issue and should importantly applies only to bias-motivated vio- eral Government to provide crucial Federal re- be dealt with at the national level. In 2005, lent crimes and does not impinge free speech in any way. In fact, it explicitly states: ‘‘Nothing sources to State and local agencies to equip more than 7,000 hate crimes were reported to in this Act, or the amendments made by this local officers with the tools they need to pros- the FBI. Even this high number is certainly Act, shall be construed to prohibit any expres- ecute hate crimes. This resolution ensures lower than the actual numbers of crimes com- sive conduct protected from legal prohibition that the Federal prosecution of hate crimes is mitted all across America, as many go unre- by, or any activities protected by the free limited to cases that implicate the greatest ported and the FBI does not receive informa- speech or free exercise clauses of, the First Federal interest and present the greatest need tion from all law enforcement agencies. The Local Law Enforcement Hate Crimes Amendment to the Constitution.’’ for Federal intervention. H.R. 1592 is supported by virtually every This bill will protect people like Billy Ray Prevention Act of 2007 (H.R. 1592) recognizes major law enforcement organization in the Johnson of Linden, TX, a mentally-challenged the need for a federal response and allocates country. I urge my colleagues to join me in African-American man who suffered severe the necessary resources to investigate and supporting H.R. 1592. brain damage after being maliciously attacked prosecute hate crimes when local officials are Mr. JORDAN of Ohio. Mr. Speaker, I appre- by four white men who hurled racial expletives unable or unwilling to investigate incidents of ciate the opportunity to express my opposition at him. This law would properly prosecute the hate crime. Local authorities, however, would to H.R. 1592, the Local Law Enforcement individuals, ensure that justice is allowed to maintain their autonomy and primary authority Hate Crimes Prevention Act. run its course, and is seen by Mr. Johnson’s for these investigations. Federal intervention This measure represents an unprecedented family. would be the last resort. departure from the deeply rooted American In conclusion Mr. Speaker, hate in any form The bill also removes existing barriers that principle of equal justice under law. is neither a Democratic nor an American value prohibit the FBI and the Department of Justice Justice should be blind. It should be equal and I do not subscribe to it. from fully assisting local law enforcement for all Americans, and it should be rendered in We must love our neighbors and moreover agencies in addressing hate crimes. This is a criminal justice system that does not take we must protect them from crimes committed vital because local governments often lack the such issues as race, gender, and religion into against them due to their self-expression. resources necessary to properly conduct ex- consideration. We must be vehemently opposed to preju- pensive hate crimes investigations and pros- It makes no sense to me that crimes com- dice in all forms. I strongly support this legisla- ecutions. For example, the investigation of the mitted against one citizen should be punished tion and encourage my colleagues to vote in Matthew Shepard murder in Wyoming cost any more or any less than crimes committed favor of this important bill. over $150,000 and resulted in lay-offs at the against another, which is what this bill will do. Mrs. JONES of Ohio. Mr. Speaker, I rise local Sheriff’s department. Violent crimes that are not aimed at a cer- today in support of H.R. 1592, The Local Law Congress has a moral and constitutional obtain class of people, like those committed re- Enforcement Hate Crimes Prevention Act of ligation to offer the full protection of our Na- cently at Virginia Tech, are just as reprehen- 2007. tion’s laws to all individuals. This vital legisla- sible as those that are committed for other In 2003 the FBI announced that there were tion expands existing hate crime protections to reasons. more than 9,000 reported hate crime victims in those who are targeted because of their gen- Yet this bill would likely treat the senseless, these United States. This means that on aver- der, disability, or sexual orientation. These random violence at Virginia Tech less harshly age 25 people per day were victims of vio- groups have been frequent targets of hate than other, less ‘‘random’’ crimes. lence fueled by the toxic fumes of hate. If you crimes. According to the FBI, 14 percent of re- Even worse, the bill asks local law enforce- are not outraged by this figure then you ported hate crimes are motivated by sexual- ment to infer if a crime was committed ‘‘be- haven’t been paying attention. As a former orientation bias. cause of’’ bias toward a protected group. This

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MY7.047 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4447 essentially means that one’s ‘‘thoughts’’ or is also a message crime and the messages It is time for us to demand through this vote ‘‘feelings’’ might be evidence of hate, and can are clear: ‘‘know your place’’ and ‘‘your kind is that this country draw the line with a zero-tol- be considered when determining whether a not welcome here.’’ Hate crimes clearly pose erance policy for crimes based on any char- crime was indeed a ‘‘hate’’ crime. a serious threat to our Nation’s security and acteristic of the victim. Let me say that again. The bill would ask the very values upon which our country were This critically needed legislation will provide law enforcement to consider one’s potential founded. local police and sheriff’s departments with vital ‘‘thoughts’’ as evidence of ‘‘hate.’’ As an original cosponsor of H.R. 1592, I Federal resources to address hate crimes; Mr. Speaker, this is the dangerous, likely urge my colleagues to vote in support of final which are crimes against either persons or unconstitutional threat that has caused great passage. property where the offender intentionally se- concern to so many residents of Ohio’s 4th Ms. SOLIS. Mr. Speaker, I rise today in lects the victim because of their actual or per- Congressional District. strong support of H.R. 1592, the Local Law ceived race, color, religion, national origin, eth- Upon consideration of this bill in the Judici- Enforcement Hate Crimes Prevention Act of nicity, gender, disability, or sexual orientation. ary Committee, Mr. Speaker, I sent you a let- 2007. Violent crimes committed against any- I fail to understand why anyone, including ter, co-signed by many of my Republican col- one because of their race, religion, national or- members of the clergy would oppose this leg- leagues on the committee. The letter ex- igin, gender, sexual orientation, gender iden- islation. This form of hate for one human- pressed concern about H.R. 1592’s ‘‘thought tity, or disability should not be taken lightly. being to another should be repugnant to all of crime’’ provisions and their potential to cat- H.R. 1592 would make this kind of violent us and not be tolerated. egorize individuals who share spiritual or gos- crime a Federal offense and authorizes Fed- While current Federal law covers hate pel messages as hate criminals. eral grants to assist state and local law en- crimes it is very narrow in scope and does not In the letter, we noted that the San Fran- forcement agencies in prosecuting violent hate reach many cases where individuals motivated cisco Board of Supervisors passed Resolution crimes. by hate kill or injure others. H.R. 1592, would 060356, which castigated Cardinal William I believe that it is necessary for the Federal strengthen the Federal response to hate Levada and the Catholic Church for opposing Government to secure the lives of all people crimes by giving the U.S. Justice Department the adoption of children by homosexuals. The and bring justice to individuals who have been power to investigate and prosecute violence resolution, perhaps prophetically, describes victims of a violent hate crime. By allowing the motivated by the victims race color, religion the Church’s policy using such words as Federal Government jurisdiction in certain, lim- national origin gender or sexual orientation, ‘‘hateful,’’ ‘‘discriminatory,’’ ‘‘insulting,’’ and ited cases of violent hate crime, this bill pro- gender identity of disability. ‘‘callous.’’ vides much-needed support to local law en- Sadly, the need for H.R., 1592 is under- It is easy to see how this type of inflam- forcement agencies. This piece of legislation is scored because this problem of violence matory anti-religious assertion emanating from particularly important at a time when the num- based on hate for a person of another race, a governmental body is disconcerting to those ber of hate groups has grown over the past ethnicity, gender or persuasion is getting who espouse deep religious beliefs. years. The Southern Poverty Law Center re- worse not better. Since 1991, the FBI has re- This so-called hate crimes bill not only dis- ported that the number of hate groups has ceived reports of more than 113,000 hate cards the fundamental American legal prin- seen a 40 percent increase since 2000 and at- crimes. For the year 2005 (for which the most ciple of equal justice, it also lays the ground- tributed much of this growth to the immigration current data are available), the FBI received work to criminalize individuals and groups that issue. reports from law enforcement agencies identi- might not share the liberal values of places Hate crimes that are motivated by bigotry fying 7,163 bias-motivated criminal incidents. like San Francisco. and bias against minority populations affect It is time that this Congress send a mes- It is rather ironic that on this, the National entire families and communities. We must sage to the American people that we will not Day of Prayer—a day where Americans gather stand to protect our communities from hateful tolerate hate crimes, that they must strengthen to celebrate our religious heritage—liberal actions. I urge my colleagues to vote in sup- the Federal response and prosecution of those members of this House are uniting to pass a port of H.R. 1592. who perpetrate them, that we uphold the prin- bill that could deem their prayerful voices as Mr. GINGREY. Mr. Speaker, while I was un- ciples of equality and justice for all upon which ‘‘hateful.’’ avoidably absent from the floor today to attend this country was founded and that we intend I urge a ‘‘no’’ vote on this bill. the funeral of a close personal friend and to practice what many of us preach; which is Ms. HIRONO. Mr. Speaker, I rise today in great Georgian, C.W. Matthews, I want to ex- brotherly love. support of H.R. 1592, the Local Law Enforce- press my strong opposition to H.R. 1592, the I urge my colleagues to support H.R. 1592. ment Hate Crimes Prevention Act of 2007. I Local Law Enforcement Hate Crimes Preven- Mr. FARR. Mr. Speaker, I rise today in would like to thank the chief sponsor of this tion Act of 2007. Had I been present during strong support of H.R. 1592, the Local Law legislation, Congressman CONYERS, for his the actual vote, I would have voted ‘‘no’’ to Enforcement Hate Crimes Prevention Act of work and dedication in bringing this bipartisan H.R. 1592 because I believe all crimes should 2007. bill to the floor for debate. be prosecuted equally without special rights Simply put, the current patchwork of State H.R. 1592 will strengthen existing Federal based on gender, race, ethnicity, or sexual ori- laws alone does not fully protect the rights of hate crimes laws in two meaningful ways. entation. All criminal acts are committed with all Americans from violence based upon actual First, the bill removes the requirement that vic- the intention of harming or depriving another or perceived race, color, religion, national ori- tims of violent bias-motivated crimes be en- individual, and trying to elevate crimes against gin, gender, sexual orientation, gender iden- gaged in a federally protected activity, such as certain individuals would be an arbitrary way tity, or disability. I am frankly astounded that voting, when the crime is committed. Federal to punish. I absolutely believe that those who current Federal laws are not more inclusive. entities would then be able to provide tech- commit crimes against anyone should be pun- It is unconscionable that we are only now nical and grant support for the hate crimes in- ished to the fullest extent of the law. Further- voting on this legislation today. Almost 150 vestigations of State and local law enforce- more, I would have voted ‘‘yes’’ in strong sup- years after our country enshrined the freedom ment agencies. Second, the bill provides for a port of the motion to recommit which would from violence based upon race, with the 13th, more comprehensive definition of hate crimes have amended the legislation to protect sen- 14th and 15th Amendments to the United to include those motivated by gender, dis- iors and veterans. States Constitution, we still have not extended ability, sexual orientation, or gender identity. Mrs. CHRISTENSEN. Mr. Speaker, I rise in those same protections to all of our citizens. In 2005, the FBI documented 7,163 hate support of H.R. 1592, the Local law Enforce- Today, this body has the chance and indeed crimes directed against institutions and individ- ment Hate Crimes Prevention Act and to op- the responsibility to rectify this injustice. uals because of their race, religion, sexual ori- pose attempts to weaken the bill by removing Hate knows no borders, so even though 38 entation, national origin, or disability. These certain groups from its protection. states already provide some of the protections statistics were gathered from 12,417 law en- Mr. Speaker, no one knows better than a that would be extended by Federal law if H.R. forcement agencies across the country. Yet it member of the African-American community in 1592 is enacted, only a Federal law can en- is not the frequency or number of crimes this country that hate crimes exist and have sure equal protection under the law for all alone that distinguish these acts of violence been an ugly part of this country’s history. And Americans. from other crimes. we also know that in the face of all of the Remarkably, this legislation faces opposi- We know that hate crimes are more than in- apologies offered and passed for slavery and tion. These opponents have claimed that H.R. dividual assaults—they send shock waves and lynching, if we cannot pass this bill today they 1592 is somehow an attack on free speech or fear throughout a whole community and seg- are but empty words on a piece of worthless a person’s religious beliefs. H.R. 1592 does ments of our diverse population. Hate violence paper. not criminalize freedom of speech or religious

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Some of these cases feeling of justice toward those who still suffer gious organizations have spoken out in favor can strain local resources, but under this legis- within our country * * *’’ Today’s legislation of H.R. 1592, including groups representing lation, law enforcement can reach out and se- takes us one further step towards the kind of Catholic, Protestant, Jewish, Buddhist, Muslim cure Federal resources to pursue these com- nation Senator Kennedy and Dr. King worked and Sikh faiths. plex cases. for and I encourage my colleagues to join me No longer will this body be silent for the mil- Because the bill makes common sense rein voting for it. lions of Americans that too often have no forms, the bill has enjoyed wide bipartisan Mr. TERRY. Mr. Speaker, I rise today in op- voice in the world. support. In fact, the bill is supported by 31 position to H.R. 1592, the Local Law Enforce- I urge my colleagues to vote in favor of this State Attorneys General and over 280 national ment Hate Crimes Prevention Act. Let me say legislation. law enforcement, professional, education, civil from the outset: I am strongly opposed to vio- ´ Ms. LINDA T. SANCHEZ of California. Mr. rights, religious, and civic organizations. lent crimes committed against an individual, Speaker, I rise to show my support for H.R. I urge my colleagues to join me in sup- regardless of the motivation of the person 1592, The Local Law Enforcement Hate porting this critical legislation. committing it. That is why I support strong Crimes Prevention Act of 2007. Mr. LARSON of Connecticut. Mr. Speaker, state and local prosecution measures to curb Freedoms of speech, expression, and equal today I rise in strong support of H.R. 1592, the violent crime and increase safety in our com- protection under the law are the founding prin- Local Law Enforcement Hate Crimes Preven- munities. In fact, I am a principal supporter in ciples of this country. The Constitution guaran- tion Act, which would address the appalling Congress for increasing Federal funding for tees these rights to all Americans. I believe crimes that continue to occur today simply be- state and local law enforcement officers to that it is our duty to fight for the equal rights cause of a person’s race, religion, national ori- curb gang and drug crimes, which often leads of all Americans, regardless of their race, gin, ethnicity, gender, disability or sexual ori- to violent crimes. color, religion, national origin, gender, sexual entation. I have also spent considerable time in my orientation, gender identity, or disability. I am proud to be an original cosponsor of district meeting with groups who have experi- I abhor all violent crimes. Attacks that are H.R. 1592 because it is the government’s re- enced discrimination or have been targets of motivated by hate are attacks on a whole sponsibility to defend the civil liberties of every violent behavior simply due to their race, reli- class of people. Such hate crimes are in- American and prosecute acts of aggression di- gion or sexual orientation. The concerns they tended to instill fear in an entire community rected at a specific group of individuals. Cur- and are particularly heinous. We must give have raised with me have weighed heavily on rent federal law provides for enhanced sen- law enforcement the proper tools to inves- my mind, and have caused me to reconsider tencing for hate crimes, however, the vast ma- tigate and prosecute crimes that are motivated my views on our Constitution’s Tenth Amend- jority of these crimes are not tried in federal by hate. ment. court. This bill would make it a federal crime Laws punishing hate crimes are not in- In the past, I have not supported Federal to cause, or attempt to cause, bodily harm to tended to value one group over another, but hate crimes legislation since it has traditionally another person through the use of fire, a fire- rather to acknowledge the historical bias been the responsibility of state and local pros- arm, or an explosive device because of the against certain minority groups and opinions ecutors rather than the Federal Government. victim’s actual or perceived race, color, reli- so that all can enjoy the same legal protec- States have the right to apprehend and pros- gion, national origin, gender or sexual orienta- tions as the majority. Hate crime laws protect ecute criminals under their own criminal tion. Opponents of this bill claim that it would innocent people and allow them to engage in codes, which must be respected. They also chip away at First Amendment rights. On the everyday activity without fear. have the right to enhance penalties as they I am proud to be an original co-sponsor of contrary, H.R. 1592 would protect First see fit, and many states have taken that step. this important legislation. This bill helps to bet- Amendment speech and is only intended to My own state of Nebraska enacted com- ter define a hate crime and prevents the ero- prosecute acts of violence. prehensive hate crimes legislation in 1997. sion of civil liberties critical to our democracy. The bill would also provide federal assist- The Nebraska legislation authorizes judges Mr. ENGEL. Mr. Speaker, I rise today to ance to states and local jurisdictions to pros- to impose harsher penalties in criminal cases support the Hate Crimes Prevention Act. Our ecute hate crimes. Specifically, the measure when a determination is made that the crime country values diversity, values individuality, would authorize the Attorney General to make was committed due to the victim’s race, color, values different cultures and respects people grants available to state and local law enforce- religion, ancestry, national origin, gender, sex- for who they are. Hate crimes are simply un- ment agencies that have incurred extraor- ual orientation, age, or disability or because of American. dinary expenses associated with the investiga- his or her association with persons who fit the In 2005, there were over 7,000 Federal hate tion and prosecution of hate crimes. Currently, specified classifications. The enhanced pen- crimes committed in this country, but the cur- the Federal Bureau of Investigation (FBI) col- alties for hate crimes provided for in the stat- rent law does not cover most true hate crimes. lects statistics on crimes based on race, reli- ute would be the next highest penalty classi- Late last year in New York, three men lured gion, sexual orientation, ethnicity, and dis- fication above the one statutorily imposed for Michael J. Sandy to a parking lot, beat him ability. This legislation would require that the the crime, with the death penalty as the only and chased him into traffic where he was FBI collect statistics on gender and gender exception. A broad variety of criminal charges struck by a car. He died 5 days later, one day identity-related bias crimes. could be enhanced, including manslaughter, after his 29th birthday. Why did these I applaud Chairman CONYERS and members assault, terroristic threats, stalking, kidnapping, attackers target Michael J. Sandy? Because of the House Judiciary Committee for their false imprisonment, sexual assault of an adult he was gay. tireless efforts and leadership on this landmark or child, arson, criminal mischief, and criminal Today, Mr. Sandy’s attackers can not be legislation. I would also like to single out the trespass. Our state statutes also provide vic- prosecuted under Federal law for two reasons. efforts of the gentlewoman from Wisconsin, tims with the authority to bring civil actions First, in order to be a Federal hate crime, a Ms. BALDWIN, and the gentleman from Massa- against attackers. victim must be engaged in a federally pro- chusetts, Mr. FRANK, for their leadership on The actions taken by Nebraska and so tected activity such as voting. Second, the cur- this issue. During my tenure in the House of many other states are appropriate because rent hate crime law does not consider sexual Representatives and as a father of three chil- the states have the ability to expand their orientation a protected class. dren, I have been a consistent supporter of criminal codes as each sees fit. At the same The Hate Crimes Prevention Act will sen- this measure and believe it is a tragedy that time, there is no Federal nexus and thus no sibly expand the definition of a Federal hate terrible injustices continue to occur in the 21st need for duplicative Federal legislation. crime to cover all violent crimes motivated by century. Our nation was founded on the prin- The Tenth Amendment is clear: ‘‘The pow- race, color, religion, national origin, gender, ciples of liberty and justice for all and these ers not delegated to the United States by the sexual orientation, gender identity, or disability hate crimes run counter to our national con- Constitution, nor prohibited by it to the States, when the defendant causes bodily injury or at- science. are reserved to the States respectively, or to tempts to cause bodily injury through the use I believe Robert F. Kennedy spoke most the people.’’ At some point, we have to stop of a firearm or an explosive device. eloquently on this issue while commenting on federalizing every problem in the country, no Thankfully, New York law has allowed this the loss of Dr. Martin Luther King: ‘‘What we matter how large or small. When the states case to be prosecuted as a hate crime, but it need in the United States is not division; what are addressing a problem effectively, there is

VerDate Aug 31 2005 01:19 May 04, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MY7.035 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4449 no need for the Federal Government to add fine, or for any term to life imprisonment if the not immune—in 2005 our state reported 59 an extra layer of bureaucracy. Crime and pun- crime resulted in the victim’s death, or in- crimes based on racial bias, 22 reflecting reli- ishment, with few exceptions, are in the pur- volved murder, kidnapping, attempted kidnap- gious prejudice, 16 related to sexual orienta- view of state legislative authority. I am unwill- ping, rape, or attempted rape. tion, 27 involving ethnic bias, and 1 involving ing to interfere with that constitutional balance, The bill addresses two deficiencies in cur- a person’s disability, and there have been no matter how worthy the underlying subject rent law that limit the Federal Government’s more since then. matter might be. For these reasons, I must op- ability to work with State and local law en- These sobering statistics demonstrate that pose H.R. 1592. forcement agencies and have led to acquittals the legislation before us is appropriate and Mr. UDALL of Colorado. Mr. Speaker, in my in some cases in which Federal jurisdiction necessary—especially because it is generally view an act of violence against one person is has been asserted to backstop local efforts. understood that hate crimes are often not re- an act of violence against all of us Our actions One is the fact that current Federal law pro- ported as such. toward each other should—and our policies as vides no coverage for violent hate crimes Accordingly, I support the bill and urge its a nation must—be based on compassion and committed because of the victim’s perceived passage. understanding of human experiences if we are sexual orientation, gender, gender identity, or Mr. HONDA. Mr. Speaker, I rise today in to truly have a nation of liberty and justice for disability. The other is that current law re- strong support of H.R. 1592, the Local Law all. quires proof that the crime was committed with Enforcement Hate Crimes Prevention Act of In other words, I think in our country all of the intent to interfere with the victim’s partici- 2007. us, regardless of our race, ethnicity, religion, pation in one of six specifically defined feder- As Chair of the Congressional Asian Pacific or sexual orientation, should be able to live ally protected activities. The bill addresses American Caucus, I know that Asian Ameri- our lives free from violence, intimidation, and both those limitations and provides the Justice cans and Pacific Islanders have faced a long discrimination. Department tools to effectively act against history of hate crimes, from the 1880 lynching That is why I believe Congress must pass bias-motivated violence by assisting States of Chinese in Denver’s Chinatown, to the bru- legislation to make it more likely that people and local law enforcement agencies and by tal killing of Vincent Chin in 1982, to post-Sep- who are guilty of violent crimes based on bias pursuing Federal charges where appropriate. tember 11 violence against Arabs, Sikhs, and are properly prosecuted, convicted, and pun- This is the same approach Congress took in Muslims, including the murder of Balbir Sigh ished. the Church Arson Prevention Act of 1996. Sodhi, and more recently, the killing of Cha The result will not be to end hate—nor to It is important to note that even after enact- Vang, a Hmong individual, in Wisconsin just make hate a crime—but to establish that our ment of this bill, State and local authorities will this year. government will not tolerate hate and bigotry deal with the overwhelming majority of hate Hate crimes are under-reported and under- that manifests itself in violence against any- crimes—and the bill is drafted to ensure that prosecuted. The Local Law Enforcement Hate one. the Federal prosecution of hate crimes will be Crimes Prevention Act provides the resources Because I support that result, since first limited to cases that implicate the greatest necessary for all levels of government to incoming to Congress I have cosponsored and Federal interest and present the greatest need vestigate and prosecute hate crimes based on voted for legislation similar to the measure for Federal intervention. race, color, religion, national origin, gender, now before us. The bill is not intended to federalize all gender identity, sexual orientation, and dis- And that is why I will vote for this bill today. rapes, sexual assaults, acts of domestic vio- ability. The bill will amend the Federal criminal lence, or other gender-based crimes. Hate crimes are unique in that they are mo- code to prohibit willfully causing bodily injury In fact, for a hate crime case to be pros- tivated by hostility toward an entire commu- to any person because of the actual or per- ecuted federally, the Attorney General, or a nity, and are oftentimes rooted in a wider pub- ceived race, color, religion, national origin, high-ranking subordinate, would have to certify lic sentiment of discrimination, xenophobia, gender, sexual orientation, gender identity, or that pertinent state or local officials (1) were and intolerance. The passage of this Act is a disability of that person. unable or unwilling to prosecute; (2) favored step in the right direction in promoting toler- It also will authorize the Department of Jus- Federal prosecution; or (3) prosecuted, but the ance in our intgrated society. tice to provide technical, forensic, prosecu- investigation or trial’s results did not satisfy the The SPEAKER pro tempore (Mr. torial, or other assistance to help local law en- Federal interest to combat hate crimes. SNYDER). All time for debate has ex- forcement agencies investigate and prosecute This certification requirement is intended to pired. acts that are both crimes of violence under ensure that the Federal Government will as- Pursuant to House Resolution 364, Federal law or a felony under State, local, or sert the new hate crimes jurisdiction in a prin- the previous question is ordered on the Indian tribal law; and also are motivated by cipled and properly limited fashion, consistent bill, as amended. prejudice based on the actual or perceived with procedures under the current Federal The question is on the engrossment race, color, religion, national origin, gender, hate crimes statute. and third reading of the bill. sexual orientation, gender identity, or disability It should also be noted that the bill respects The bill was ordered to be engrossed of the victim. And to further assist State, local, and protects First Amendment rights. It will not and read a third time, and was read the and tribal officials with the expenses related to bar or punish name-calling, verbal abuse or third time. hate crime cases, the bill would authorize the expressions of hatred toward any person or MOTION TO RECOMMIT OFFERED BY MR. SMITH Attorney General to establish a grant program group—it deals only with violent criminal ac- OF TEXAS tions—and includes a provision explicitly stat- to be administered by the Office of Justice Mr. SMITH of Texas. Mr. Speaker, I ing that conduct protected under the speech Programs that would have a particular focus offer a motion to recommit. and religious freedom clauses of the First on combating hate crime committed by juve- The SPEAKER pro tempore. Is the Amendment is not subject to prosecution. In nile offenders. gentleman opposed to the bill? The bill also will broaden Federal coverage short, the bill does not criminalize speech or Mr. SMITH of Texas. Mr. Speaker, I of hate crimes under two scenarios. First, advocacy, and its enactment will not jeop- do oppose it, in the current form. under any circumstance, it will prohibit willfully ardize anyone’s right to associate, to de- The SPEAKER pro tempore. The inflicting bodily injury to any person, attempted nounce, to hold fast to a religious belief, or to Clerk will report the motion to recom- or otherwise, through the use of fire, a firearm, do anything else protected by the Constitu- mit. explosive, or incendiary device, if such con- tion’s First Amendment. The Clerk read as follows: duct were motivated on the basis of actual or Mr. Speaker, crimes motivated by bias are perceived race, color, religion, or national ori- not as rare as many of us would like to think. Mr. Smith of Texas moves to recommit the bill H.R. 1592 to the Committee on the Judi- gin of any person. Second, it will prohibit the Since 1991 the FBI has received reports of ciary with instructions to report the same same conduct, if such conduct were motivated more than 113,000 hate crimes. In 2005, the back to the House promptly with the fol- on the basis of the victim’s gender, sexual ori- latest year for which data are available, the lowing amendments: entation, gender identity, or disability, in addi- FBI received reports from law enforcement Page 12, line 5, after ‘‘orientation,’’ insert tion to the four bases covered by the first sce- agencies identifying 7,163 bias-motivated ‘‘status as a senior citizen who has attained nario, in circumstances involving specific juris- criminal incidents, with more than half being the age of 65 years, status as a current or dictional ties to the Constitution’s interstate racially-motivated and others reflecting reli- former member of the Armed Forces,’’. commerce clause. gious bias (17.1 percent), sexual orientation Mr. SMITH of Texas (during the read- Under either scenario, offenders could be (14.2 percent) and ethnicity/national origin bias ing). Mr. Speaker, I ask unanimous sentenced to 10 years’ imprisonment and a (13.7 percent). And, unfortunately, Colorado is consent that the motion to recommit

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.039 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4450 CONGRESSIONAL RECORD — HOUSE May 3, 2007 be considered as read and printed in With the rising debate over the Iraq instructions to report back ‘‘promptly’’ the RECORD. war, we are seeing increasing threats sends the back bill back to committee, The SPEAKER pro tempore. Is there to Iraqi war veterans. Recently, a Syr- whose eventual report, if any, would objection to the request of the gen- acuse woman pleaded guilty to spitting not be immediately before the House. tleman from Texas? in the face of a Fort Drum soldier at an Does the gentleman from Michigan There was no objection. airport. seek time in opposition to the motion The SPEAKER pro tempore. Pursu- Mr. Speaker, Congress needs to make to recommit? ant to the rule, the gentleman from it clear to everyone that we honor our Mr. CONYERS. Mr. Speaker, I do. Texas (Mr. SMITH) is recognized for 5 veterans and current members of our Mr. PRICE of Georgia. Mr. Speaker, minutes in support of his motion. Armed Forces. Congress can make the parliamentary inquiry. Mr. SMITH of Texas. Mr. Speaker, message clear that hate of our Armed The SPEAKER pro tempore. Does the this motion to recommit is straight- Forces will be punished at a heightened gentleman from Michigan yield for a forward. It seeks to protect America’s level, just like the other groups under parliamentary inquiry? senior citizens and those who serve in this act. Mr. CONYERS. Mr. Speaker, I am our Armed Forces. If Congress rejects this motion to re- not inclined to at this time. My colleagues on the other side con- commit, who will explain to the thou- The SPEAKER pro tempore. The gen- tend that a new law is needed to cover sands of victims who are senior citizens tleman from Michigan is recognized for crimes against persons based on race, or military victims that their injuries 5 minutes in opposition to the motion gender, national origin, sexual orienta- are less important than those of others to recommit. tion, gender identity and disability. protected under the hate crimes law? Mr. CONYERS. Mr. Speaker, I rise in The motion to recommit makes sure Are we really prepared to tell seniors strong opposition to the motion to re- that seniors and our military personnel and our men and women in uniform commit, which would not operate as a are added to the list of protected across our country that crimes com- simple amendment, but, listen to me, groups. mitted against victims because of race, would instead send the bill back to the We all care greatly about the safety gender, national origin, sexual orienta- Committee on the Judiciary, in essence and security of our senior citizens. We tion, gender identity or disability are, killing the bill for the remainder of the all understand that they are particu- as a rule, more worthy of punishment Congress. larly vulnerable to crime. Criminals than those committed against seniors The categories of individuals in- who prey on our senior citizens because and military personnel? cluded in the amendment, seniors and they are senior citizens should be vig- Mr. Speaker, I urge Members to sup- members of the armed services, are en- orously prosecuted and punished. port this motion to recommit. titled to protection under the law, and The statistics paint a disturbing pic- Mr. Speaker, I yield back the balance in point of fact they have protection ture of violence against senior citizens of my time. under the law at both Federal and in our country. A recent Justice De- Mr. CONYERS. Mr. Speaker, I would State levels. I note that it is already a partment study found that each year ask the distinguished gentleman from Federal crime to kill or attempt to kill over the last 10 years, for every 1,000 Texas, Mr. SMITH, would he yield for a any member of the armed services persons over 65, four are violently as- unanimous consent request that the under 18 U.S.C. 1114. saulted. This includes rape, sexual as- bill be amended as follows: Page 12, We also have programs in the law to sault, robbery and aggravated assaults. line 5 after ‘‘orientation’’ insert ‘‘sta- provide assistance to prosecutors and Approximately 65 percent of these tus as a senior citizen who has attained law enforcement in the enforcement of crimes against senior citizens are com- the age of 65 years; status as a current crimes against elders, as well as a vari- mitted by strangers or casual acquaint- or former member of the armed serv- ety of senior services that will help ances. In my hometown, the San Anto- ices.’’ them in their homes, safety and elder nio police report rising crime against Would the gentleman yield for a care. the elderly, with over 6,200 crimes just unanimous consent request on that? The purpose of the bill is to protect Mr. SMITH of Texas. Mr. Speaker, I this last year. classes of individuals who have been We were all horrified by the recent respectfully object. and are the group-wide victims of sys- The SPEAKER pro tempore. The gen- videotaped robbery in New York City temic violence: hanging a man because tleman does not yield. committed against 101-year-old Rose Mr. CONYERS. Mr. Speaker, would of his race, dragging someone to death Morat. Rose was leaving her building because they are disabled. These are the gentleman from Texas, Mr. SMITH, to go to church when a robber, who pre- the proponent of the motion to recom- crimes that are designed to target and tended to help her through the vesti- mit, yield for a unanimous consent re- intimidate entire groups of individuals, bule, turned and delivered three hard quest that the motion be amended by and we all know it. That is why they punches to her face and grabbed her striking the word ‘‘promptly’’ and in- are labeled hate crimes and why this purse. He pushed her and her walker to serting the word ‘‘forthwith?’’ legislation is before us. the ground. Rose suffered a broken Mr. SMITH of Texas. Mr. Speaker, I As much as any Member here, I be- cheekbone and was hospitalized. The also object to that request. lieve we can and should do more to pro- robber got away with $33 and her house The SPEAKER pro tempore. The gen- tect other members of society. That is keys. Police believe the same man tleman from Texas does not yield for why our Committee on the Judiciary robbed an 85-year-old woman shortly that purpose. approved a COPS bill yesterday, reau- after beating Rose. PARLIAMENTARY INQUIRY thorizing a program to provide for These are horrible crimes that strike Mr. CONYERS. Mr. Speaker, I have a 100,000 local police on the beat and fear into the hearts of America’s senior parliamentary inquiry. other safety officials. That is why I citizens and make them wonder wheth- The SPEAKER pro tempore. The gen- have in the past pushed for an Elder er they will be victimized next. tleman will state it. Justice Act. This motion to recommit also adds Mr. CONYERS. Mr. Speaker, I notice Mr. Speaker, I yield to the gentleman the category of current or former mem- that the motion being offered by the from Maryland (Mr. HOYER), the distin- bers of the Armed Forces to the list of gentleman provides the bill be reported guished majority leader. groups in this bill. We honor our men back to the House ‘‘promptly’’ rather Mr. HOYER. I thank the distin- and women of the military because of than reported back ‘‘forthwith.’’ guished chairman. their patriotism, their commitment to Is it true, as I believe to be the case, This motion, my colleagues, reeks protecting our freedom and their serv- that the effect of the word ‘‘promptly’’ with the stench of cynicism. Let me ice to our country. In times of con- is that the House is not being asked to tell you why. The distinguished chair- troversy surrounding the use of our amend this bill, but to send it off the man rose and asked for unanimous con- military, we have seen unfortunate Floor and back to the Judiciary Com- sent to add the protections to members acts by those who use their hostility mittee? of our Armed Forces who are either towards the military to further their The SPEAKER pro tempore. The serving or have served, and he then political agenda. adoption of a motion to recommit with asked to protect our senior citizens. He

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.050 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4451 asked for unanimous consent to do Diaz-Balart, M. King (NY) Putnam Napolitano Rush Sutton that, and the gentleman from Texas Doolittle Kingston Regula Neal (MA) Ryan (OH) Tauscher Drake Kline (MN) Rehberg Oberstar Salazar Thompson (CA) objected, so it was not added. Dreier Knollenberg Reichert Obey Sa´ nchez, Linda Thompson (MS) Then the chairman rose and asked Duncan Kuhl (NY) Renzi Olver T. Tierney that we substitute ‘‘forthwith’’ for Ehlers LaHood Rogers (AL) Pallone Sanchez, Loretta Towns Emerson Lamborn Pascrell Sarbanes ‘‘promptly’’ so their amendment could Rogers (KY) Udall (CO) English (PA) Latham Rogers (MI) Pastor Schakowsky Udall (NM) be immediately adopted, and the gen- Everett LaTourette Rohrabacher Payne Schiff Upton tleman from Texas objected. Fallin Lewis (CA) Roskam Pelosi Schwartz Van Hollen Perlmutter Scott (GA) Feeney Lewis (KY) Royce Vela´ zquez How cynical can you be to offer an Peterson (MN) Scott (VA) Ferguson Linder Ryan (WI) Visclosky amendment, I tell my friend, which in Flake LoBiondo Platts Serrano Sali Walz (MN) Forbes Lucas Pomeroy Sestak its own framework will kill the very Saxton Wasserman Fortenberry Lungren, Daniel Price (GA) Shays proposition you are making? For if this Schmidt Schultz Fossella E. Sensenbrenner Price (NC) Shea-Porter amendment prevails, what will happen Pryce (OH) Sherman Waters Foxx Mack Sessions Franks (AZ) Mahoney (FL) Rahall Shuler Watson is, the bill will be killed and the pro- Shadegg Frelinghuysen Manzullo Ramstad Sires Watt tection of the Armed Forces that he Shimkus Gallegly Marchant Rangel Skelton Waxman Shuster seeks, the protection of the seniors Garrett (NJ) Marshall Reyes Slaughter Weiner Simpson that he seeks, will be killed. Gerlach McCarthy (CA) Reynolds Smith (WA) Welch (VT) Smith (NE) Gilchrest McCaul (TX) Rodriguez Snyder Wexler My friends on this side of the aisle, Smith (NJ) this is a political game. The American Gillmor McCotter Ros-Lehtinen Solis Wilson (OH) Gohmert McCrery Smith (TX) Ross Space Woolsey public knows it is a political game. Goode McHenry Souder Rothman Spratt Wu Let’s reject this cynical political game Goodlatte McHugh Stearns Roybal-Allard Stark Wynn and pass this legislation. Granger McKeon Sullivan Ruppersberger Stupak Yarmuth Hall (TX) Melancon Taylor The SPEAKER pro tempore. The gen- Hastings (WA) Mica Terry NOT VOTING—17 tleman’s time has expired. Hayes Miller (FL) Thornberry Cubin Hunter Paul Tiahrt PARLIAMENTARY INQUIRY Heller Miller (MI) Davis, Jo Ann Johnson, E. B. Radanovich Hensarling Miller, Gary Tiberi Engel Lampson Tancredo Turner Mr. PRICE of Georgia. Mr. Speaker, I Herger Mitchell Fattah McIntyre Tanner have a parliamentary inquiry. Hill Moran (KS) Walberg Gingrey McMorris The SPEAKER pro tempore. The gen- Hobson Murphy, Tim Walden (OR) Graves Rodgers Hoekstra Musgrave Walsh (NY) Hastert Ortiz tleman will state it. Holden Myrick Wamp Mr. PRICE of Georgia. Isn’t it true, Hulshof Neugebauer Weldon (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, that under the motion to Inglis (SC) Nunes Weller The SPEAKER pro tempore (during Issa Pearce Westmoreland the vote). Members are advised there recommit there is nothing that pre- Jindal Pence Whitfield cludes the Judiciary Committee from Johnson (IL) Peterson (PA) Wicker are 2 minutes remaining on the vote. dealing with the bill when it goes back Johnson, Sam Petri Wilson (NM) to the committee and sending it back Jones (NC) Pickering Wilson (SC) b 1338 Jordan Pitts Wolf to the floor of the House? Keller Poe Young (AK) Messrs. HOBSON, GARRETT of New The SPEAKER pro tempore. The King (IA) Porter Young (FL) Jersey and BUYER changed their vote adoption of a motion to recommit with from ‘‘nay’’ to ‘‘yea.’’ instructions to report back ‘‘promptly’’ NAYS—227 So the motion to recommit was re- sends the bill back to committee, Abercrombie Davis (AL) Jefferson jected. Ackerman Davis (CA) Johnson (GA) The result of the vote was announced whose eventual report, if any, would Allen Davis (IL) Jones (OH) not be immediately before the House. Andrews Davis, Lincoln Kagen as above recorded. Without objection, the previous ques- Arcuri DeFazio Kanjorski The SPEAKER pro tempore (Mr. tion is ordered on the motion to recom- Baca DeGette Kaptur FRANK of Massachusetts). The question Baird Delahunt Kennedy mit. Baldwin DeLauro Kildee is on the passage of the bill. There was no objection. Bean Dicks Kilpatrick The question was taken; and the The SPEAKER pro tempore. The Becerra Dingell Kind Speaker pro tempore announced that Berkley Doggett Kirk the ayes appeared to have it. question is on the motion to recommit. Berman Donnelly Klein (FL) The question was taken; and the Berry Doyle Kucinich Mr. GOHMERT. Mr. Speaker, on that Speaker pro tempore announced that Bishop (GA) Edwards Langevin I demand the yeas and nays. the noes appeared to have it. Bishop (NY) Ellison Lantos The yeas and nays were ordered. Blumenauer Ellsworth Larsen (WA) Mr. SMITH of Texas. Mr. Speaker, on Bono Emanuel Larson (CT) The SPEAKER pro tempore. This that I demand the yeas and nays. Boren Eshoo Lee will be a 5-minute vote. The yeas and nays were ordered. Boswell Etheridge Levin The vote was taken by electronic de- Boucher Farr Lewis (GA) vice, and there were—yeas 237, nays The SPEAKER pro tempore. Pursu- Boyd (FL) Filner Lipinski ant to clause 9 of rule XX, the Chair Boyda (KS) Frank (MA) Loebsack 180, not voting 16, as follows: will reduce to 5 minutes the minimum Brady (PA) Giffords Lofgren, Zoe [Roll No. 299] time for any electronic vote on the Braley (IA) Gillibrand Lowey Brown, Corrine Gonzalez Lynch YEAS—237 question of passage of the bill. Butterfield Gordon Maloney (NY) Abercrombie Braley (IA) Davis (AL) The vote was taken by electronic de- Capps Green, Al Markey Ackerman Brown, Corrine Davis (CA) vice, and there were—yeas 189, nays Capuano Green, Gene Matheson Allen Butterfield Davis (IL) Cardoza Grijalva Matsui Altmire Capps DeFazio 227, not voting 17, as follows: Carnahan Gutierrez McCarthy (NY) Andrews Capuano DeGette [Roll No. 298] Carney Hall (NY) McCollum (MN) Arcuri Cardoza Delahunt Carson Hare McDermott Baca Carnahan DeLauro YEAS—189 Castle Harman McGovern Baird Carson Dent Aderholt Blunt Cannon Castor Hastings (FL) McNerney Baldwin Castle Diaz-Balart, L. Akin Boehner Cantor Chandler Herseth Sandlin McNulty Barrow Castor Diaz-Balart, M. Alexander Bonner Capito Clarke Higgins Meehan Bean Chandler Dicks Altmire Boozman Carter Clay Hinchey Meek (FL) Becerra Clarke Dingell Bachmann Boustany Chabot Cleaver Hinojosa Meeks (NY) Berkley Clay Doggett Bachus Brady (TX) Coble Clyburn Hirono Michaud Berman Cleaver Doyle Baker Brown (SC) Cole (OK) Cohen Hodes Miller (NC) Biggert Clyburn Edwards Barrett (SC) Brown-Waite, Conaway Conyers Holt Miller, George Bishop (GA) Cohen Ellison Barrow Ginny Crenshaw Cooper Honda Mollohan Bishop (NY) Conyers Emanuel Bartlett (MD) Buchanan Culberson Costa Hooley Moore (KS) Blumenauer Cooper English (PA) Barton (TX) Burgess Davis (KY) Costello Hoyer Moore (WI) Bono Costa Eshoo Biggert Burton (IN) Davis, David Courtney Inslee Moran (VA) Boswell Costello Etheridge Bilbray Buyer Davis, Tom Cramer Israel Murphy (CT) Boucher Courtney Farr Bilirakis Calvert Deal (GA) Crowley Jackson (IL) Murphy, Patrick Boyd (FL) Crowley Ferguson Bishop (UT) Camp (MI) Dent Cuellar Jackson-Lee Murtha Boyda (KS) Cuellar Filner Blackburn Campbell (CA) Diaz-Balart, L. Cummings (TX) Nadler Brady (PA) Cummings Frank (MA)

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.051 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4452 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Frelinghuysen Lofgren, Zoe Rush Neugebauer Rohrabacher Taylor The gentleman from Oregon (Mr. WU) Gerlach Lowey Ryan (OH) Nunes Roskam Terry and the gentleman from Michigan (Mr. Giffords Lynch Salazar Pearce Ross Thornberry Gilchrest Mahoney (FL) Sa´ nchez, Linda Pence Royce Tiahrt EHLERS) each will control 30 minutes. Gillibrand Maloney (NY) T. Peterson (MN) Ryan (WI) Tiberi The Chair recognizes the gentleman Gonzalez Markey Sanchez, Loretta Peterson (PA) Sali Turner from Oregon. Green, Al Marshall Sarbanes Petri Schmidt Upton Green, Gene Matheson Saxton Pickering Sensenbrenner Walberg Mr. WU. Mr. Chairman, I yield myself Pitts Sessions Grijalva Matsui Schakowsky Wamp such time as I may consume. Gutierrez McCarthy (NY) Schiff Poe Shadegg Weldon (FL) Hall (NY) McCollum (MN) Schwartz Price (GA) Shimkus (Mr. WU asked and was given permis- Weller Hare McCrery Scott (GA) Putnam Shuler sion to revise and extend his remarks.) Harman McDermott Scott (VA) Ramstad Shuster Westmoreland Hastings (FL) McGovern Serrano Regula Simpson Whitfield Mr. WU. Mr. Chairman, I rise in Herseth Sandlin McNerney Sestak Rehberg Smith (NE) Wicker strong support of H.R. 1868, the Tech- Higgins McNulty Shays Renzi Smith (NJ) Wilson (NM) nology Innovation Manufacturing Hill Meehan Shea-Porter Reynolds Smith (TX) Wilson (SC) Hinchey Meek (FL) Sherman Rogers (AL) Souder Wolf Stimulation Act of 2007. This bill au- Hinojosa Meeks (NY) Sires Rogers (KY) Stearns Young (AK) thorizes programs at the National In- Hirono Michaud Skelton Rogers (MI) Sullivan Young (FL) stitute of Standards and Technology, Hodes Miller (NC) Slaughter or NIST, for fiscal years 2008 through Holden Miller, George Smith (WA) NOT VOTING—16 Holt Mitchell Snyder Cubin Hastert Ortiz 2010, and strengthens American innova- Honda Mollohan Solis Davis, Jo Ann Hunter Paul tion. Hooley Moore (KS) Space Engel Johnson, E. B. Radanovich For most Americans, NIST is not a Hoyer Moore (WI) Spratt Fattah Lampson Tancredo household word. But since its creation Inslee Moran (VA) Stark Gingrey McMorris Tanner Israel Murphy (CT) Stupak Graves Rodgers more than 100 years ago, NIST has Jackson (IL) Murphy, Patrick Sutton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE made major contributions to public Jackson-Lee Murtha Tauscher safety, industrial competitiveness and (TX) Nadler Thompson (CA) The SPEAKER pro tempore (during Jefferson Napolitano Thompson (MS) the vote). Members are advised 2 min- economic growth. Beginning in the Johnson (GA) Neal (MA) Tierney utes remain to vote. 1900s, when it set standards for fire hy- Jones (OH) Oberstar Towns drants that have saved countless lives, Kagen Obey Udall (CO) Kanjorski Olver Udall (NM) b 1346 to the 1950s, when it developed the Kaptur Pallone Van Hollen So the bill was passed. world’s fastest computer, helping usher Kennedy Pascrell Vela´ zquez in the information age, to its Kildee Pastor Visclosky The result of the vote was announced Kilpatrick Payne Walden (OR) as above recorded. groundbreaking work on the technical Kind Pelosi Walsh (NY) A motion to reconsider was laid on aspects of the collapse of the World Kirk Perlmutter Walz (MN) the table. Trade Center on 9/11, NIST has served Klein (FL) Platts Wasserman the public interest in ways that far ex- Kucinich Pomeroy Schultz Stated for: Kuhl (NY) Porter Waters Mr. FATTAH. Mr. Speaker, had I been ceed its public fame. LaHood Price (NC) Watson Today, NIST’s mission focuses on Langevin Pryce (OH) Watt present for the vote on H.R. 1592 I would Lantos Rahall Waxman have voted ‘‘yea.’’ promoting innovation and industrial competitiveness by advancing meas- Larsen (WA) Rangel Weiner f Larson (CT) Reichert Welch (VT) urement, science, standards and tech- Lee Reyes Wexler GENERAL LEAVE nology. This mission has never been Levin Rodriguez Wilson (OH) Lewis (GA) Ros-Lehtinen Woolsey Mr. WU. Mr. Speaker, I ask unani- more urgent. The recent National Lipinski Rothman Wu mous consent that all Members may Academy of Sciences report coauthored LoBiondo Roybal-Allard Wynn by Norm Augustine, ‘‘Rising Above the Loebsack Ruppersberger Yarmuth have 5 legislative days within which to revise and extend their remarks and in- Gathering Storm,’’ warns that we face NAYS—180 clude extraneous material on the bill, major challenges in the global marketplace and recommends that we ‘‘ensure Aderholt Crenshaw Inglis (SC) H.R. 1868, as amended. Akin Culberson Issa The SPEAKER pro tempore. Is there that the United States is the premier Alexander Davis (KY) Jindal objection to the request of the gen- place in the world in which to inno- Bachmann Davis, David Johnson (IL) vate.’’ Bachus Davis, Lincoln Johnson, Sam tleman from Oregon? Baker Davis, Tom Jones (NC) There was no objection. H.R. 1868 helps implement that rec- Barrett (SC) Deal (GA) Jordan ommendation by putting the NIST f Bartlett (MD) Donnelly Keller budget on a 10-year path to doubling as Barton (TX) Doolittle King (IA) Berry Drake King (NY) TECHNOLOGY INNOVATION AND an investment in the future of Amer- Bilbray Dreier Kingston MANUFACTURING STIMULATION ican innovation. The bill increases the Bilirakis Duncan Kline (MN) ACT OF 2007 NIST research budget, funds key areas Bishop (UT) Ehlers Knollenberg Blackburn Ellsworth Lamborn The SPEAKER pro tempore. Pursu- such as biologics, health care IT and Blunt Emerson Latham ant to House Resolution 350 and rule nanotechnology. It funds the construc- Boehner Everett LaTourette XVIII, the Chair declares the House in tion of a high performance laboratory Bonner Fallin Lewis (CA) at the Boulder, Colorado, campus, and Boozman Feeney Lewis (KY) the Committee of the Whole House on Boren Flake Linder the state of the Union for the consider- upgrades the Center for Neutron Re- Boustany Forbes Lucas ation of the bill, H.R. 1868. search in Gaithersburg, Maryland. This Brady (TX) Fortenberry Lungren, Daniel enables world class engineers and their Brown (SC) Fossella E. b 1348 Brown-Waite, Foxx Mack scientists to have world class facilities Ginny Franks (AZ) Manzullo IN THE COMMITTEE OF THE WHOLE for their work. Buchanan Gallegly Marchant H.R. 1868 also addresses problems in Burgess Garrett (NJ) McCarthy (CA) Accordingly, the House resolved Burton (IN) Gillmor McCaul (TX) itself into the Committee of the Whole the American manufacturing center, Buyer Gohmert McCotter House on the state of the Union for the which has lost almost 3 million jobs Calvert Goode McHenry consideration of the bill (H.R. 1868) to since 2001. It expands the Manufac- Camp (MI) Goodlatte McHugh turing Extension Partnership, or MEP, Campbell (CA) Gordon McIntyre authorize appropriations for the Na- Cannon Granger McKeon tional Institute of Standards and Tech- a proven and highly successful public- Cantor Hall (TX) Melancon nology for fiscal years 2008, 2009, and private partnership that provides tech- Capito Hastings (WA) Mica nical assistance to small and medium- Carney Hayes Miller (FL) 2010, and for other purposes, with Mr. Carter Heller Miller (MI) SNYDER in the chair. size manufacturers to improve produc- Chabot Hensarling Miller, Gary The Clerk read the title of the bill. tivity and to remain competitive in a Coble Herger Moran (KS) The CHAIRMAN. Pursuant to the global marketplace. Cole (OK) Hobson Murphy, Tim Conaway Hoekstra Musgrave rule, the bill is considered read the It also establishes a competitive and Cramer Hulshof Myrick first time. collaborative grant system for MEP

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.052 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4453 centers, industry groups, and non- Yesterday this body passed an author- this as being improper legislation. In industry partners, to undertake manu- ization bill for one of the other ACI particular, the President’s statement facturing technology research. Manu- agencies, the National Science Founda- indicates that is the beginning of an in- facturing is a major source of high tion. I am very pleased that today we dustrial policy. skill, high-paying jobs, and this bill are supporting a second ACI agency by That is simply not true. For those will go far to reinvigorate our manu- authorizing NIST labs at a rate that who are critical of this particular pro- facturing sector. would double the budget over the next posal, I want to ask them, first of all, One of the biggest stumbling blocks 10 years. do they oppose the current agricultural to innovation is the technology so- H.R. 1868 is a bipartisan bill that in- extension program, which has been in called ‘‘Valley of Death,’’ the gap be- corporates recommendations from the effect for nearly a century, which has tween angel funding and measurable administration for some of NIST’s pro- been of inestimable value to our farm- venture capital, the lack of adequate grams. However, earlier this week, the ing communities and to our farmers. private venture capital for early stage, administration sent up a critical state- No one would think of ending the co- high-risk, high-reward technology de- ment about H.R. 1868, and I want to operative extension service in the agri- velopment. Almost 20 years ago, Con- clarify some misunderstanding that culture department. It has been ex- gress created the Advance Technology may have arisen from that statement. tremely valuable to this country. I Program, or ATP, to address this gap. H.R. 1868 does not underfund the have been in this body for 14 years. I Today, the ‘‘Valley of Death’’ re- NIST labs, contrary to the statement have never heard anyone offer an mains, but the global innovative envi- and the administration’s comments. amendment to defund the cooperative ronment has changed. H.R. 1868 re- H.R. 1868 provides a 10 percent increase extension program, even though it sponds to this by replacing ATP with above fiscal year 2007 for the NIST labs costs $400 million a year and benefits the Technology Innovation Program, and sets the NIST lab budget on a path less than 2 percent of the workforce in or TIP, which would provide limited, to double over the next 10 years. This this country. cost-shared grants to small and me- is entirely consistent with the Presi- At the same time, I have met a num- dium-size firms and joint venture to dent’s overall stated goal for the Amer- ber of people, and apparently including pursue high risk, high-reward tech- ican Competitiveness Initiative. some in the administration, who want H.R. 1868 does not fund or subsidize nologies, with potential for broad pub- to kill the MEP program, which is only management consulting services. H.R. lic benefit. $100 million a year and benefits indus- 1868 fully funds the highly successful TIP also acknowledges the vital role tries that employ 14 percent of the manufacturing extension partnership, that universities play in the innova- workers in this Nation. tion cycle by allowing them to fully better known as the MEP program. MEP helps businesses improve manu- b 1400 participate in TIP. H.R. 1868 is a bipar- facturing processes, reduce waste and tisan bill and incorporates good ideas Now, how can it make sense to want train workers to use new equipment, from both sides of the aisle. It has been to keep a $400 million program that which keeps high-paying manufac- maintains a workforce of less than 2 endorsed by TechNet, SEMI, the Amer- turing jobs here in the United States. ican Small Manufacturers Coalition, million, and kill a program that costs This House has already twice passed one-fourth as much and helps about the Association of American Univer- this MEP authorization in both the sities, the National Association of eight times as many workers? It 108th and 109th Congress. doesn’t make sense. So that argument State Universities and Land-Grant Col- Another comment, MEP receives one- is simply out the window. leges, the Alliance for Science & Tech- third of its funding from the Federal If we do like the Cooperative Exten- nology Research in America, whose Government, one-third from the sion Service, we should approve the members include the National Associa- States, one-third from fees charged to manufacturing extension partnership, tion of Manufacturers, the Business participating small manufacturers. which is of exactly the same nature Software Alliance and the American MEP has over 350 manufacturing exten- and is designed to help small- to me- Chemical Society. It also enjoys the sion offices located in all 50 States and dium-sized manufacturers develop support of dozens of other organiza- Puerto Rico. tions, companies, and individuals. H.R. 1868 creates the Technology In- more jobs in our economy. I urge my colleagues to support this novation Program based on rec- Madam Chair, I reserve the balance important legislation. ommendations from the administra- of my time. Mr. Chairman, I reserve the balance tion. This bill is very clear that only Mr. WU. First, I would like to thank of my time. small and medium-size companies can the gentleman from Michigan for his Mr. EHLERS. Mr. Chairman, I yield apply for Federal funding. hard work on this legislation. I would myself such time as I may consume. Universities partnering with this further like to thank the gentleman for I rise today in support of H.R. 1868, small company can apply for funding, responding to the factually erroneous the Technology Innovation Manufac- actually expanding the role of univer- statements in the statement of admin- turing and Stimulation Act of 2007. sity participation, not limiting it as istrative position, and I deeply appre- I certainly want to thank the Chair the administration’s letter suggests. ciate the correction for the record. of the subcommittee for working very, The program’s sole goal is to accel- Madam Chair, I recognize my good very closely with us in producing this erate the development and application friend from New Jersey (Mr. PASCRELL) fine bill. of challenging high-risk, high-reward for 31⁄2 minutes. This bill provides a 3-year authoriza- technologies in areas of critical na- Mr. PASCRELL. Madam Chair, I rise tion for the National Institute of tional needs, thus, targeting major so- in strong support of H.R. 1868, the Standards and Technology, familiarly cietal needs that the administration’s Technology Innovation and Manufac- called NIST. Since 1901, NIST sci- letter asserts are not part of the bill. turing Stimulation Act of 2007, and I entists and engineers have worked di- H.R. 1868 authorizes an important in- wish to congratulate the sponsor of rectly with American industries to ad- vestment in our Nation’s future eco- this fine legislation, the chairman of dress their needs for measurement nomic competitiveness. Mr. Chairman, Subcommittee on Technology Innova- methods, tools, data and technology, I want to thank Chairman GORDON and tion, Congressman DAVID WU, and his the building blocks that allow industry Technology and Innovation Sub- ranking member, who understandably to grow and prosper. committee Chairman WU for working is not here today, Mr. GINGREY. NIST is one of three agencies tar- with us on this important piece of leg- I especially am supportive of the pro- geted by the President’s American islation. visions of the bill that reauthorize and Competitiveness Initiative. The ACI I also want to acknowledge the hard strengthen the Manufacturing Exten- aims to double the Federal investment work of the gentleman from Georgia sion Program. This is very critical. I in physical science and research over (Dr. GINGREY) to improve this legisla- hope people were listening to Mr. the next 10 years to ensure that Amer- tion. EHLERS, who very cogently spoke and ica remains technologically competi- I also want to make an additional defined what this legislation is all tive in the global context marketplace. point. At times, some have considered about.

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.059 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4454 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Madam Chair, I represent a district today in strong support of H.R. 1868, of where the Fifth District stands as it with a long and proud history of manu- the Technology Innovation and Manu- is ready to lead in this new era. facturing that goes all the way back to facturing Stimulation Act. Lastly, I just would like to voice my Alexander Hamilton and the birth of The time has come for our country as support for the Baldrige National Qual- the American industry in Paterson, a whole to stop ceding progress in ity Program, named for former Com- New Jersey. Sadly, we have seen the science and technology to our competi- merce Secretary Malcolm Baldrige. steady decline of our manufacturing tors overseas. As one of the younger The awards given by the President to base in America as the state of our Members of this Chamber, I know that businesses that live by Mr. Baldrige’s competitiveness has fallen behind for- it is this generation’s responsibility to strong belief and quality of perform- eign nations. keep our country competitive with ance standards, his widow, Midge The MEP program, the Manufac- countries like Japan, China, and India, Baldrige of Woodbury, Connecticut, turing Extension Program, is one of whose young scientists and engineers and a friend. It is an honor to represent the most successful programs funded are making new technological discov- her. by the Federal Government today, and eries every day. I thank the gentleman for the time, I it has provided hope to our Nation’s H.R. 1868 is part of the Speaker’s In- thank his efforts on this measure, and manufacturers. It is a nationwide net- novation Agenda to address how the I urge passage this afternoon here in work of not-for-profit centers in nearly United States should create a new gen- the House. Mr. EHLERS. Madam Chair, I yield 350 locations, serving all 50 States and eration of innovative thinkers and an myself such time as I may consume. educated, skilled workforce in science, Puerto Rico, whose sole purpose is to Madam Chair, I reiterate my strong provide small- and medium-sized man- math, engineering, and information support of H.R. 1868, the Technology ufacturers with the services they need technology. This bill makes a sus- Innovation and Manufacturing Stimu- for success. tained commitment to Federal relation Act. The president of the New Jersey search and development, and will pro- This bill is a key part of the Presi- Manufacturing Extension Program, mote private sector innovation and dent’s American competitive initia- Bob Loderstedt, captures this program provide small businesses with the tools tive, and I am pleased it moved best when he said, ‘‘We have a public to encourage entrepreneurial innova- through the Science and Technology sector mission accomplished with a tion and job creation throughout the Committee in a bipartisan manner, and private sector mind-set.’’ country. also moved through speedily. I am proud to say that this legisla- The Innovation Agenda is of par- I thank the staff for their hard work tion today will increase funding by 8 ticular importance to me as the Rep- on this bill, including Jenny Healy percent per year and double the fund- resentative to Connecticut’s Fifth Dis- from Dr. GINGREY’s office and Julia ing over 10 years, so that more small trict. We used to be the vanguard of Jester from my office. I urge my col- manufacturers will be able to better manufacturing in the Fifth District; it leagues to support H.R. 1868. compete in the global marketplace. is the home of Stanley Tool, of Scoville Madam Chair, I yield back the bal- The MEP is certainly no Federal Brass, Torrington Ball Bearing Com- ance of my time. handout. Indeed, it is a public-private pany, the fashioner of ball bearings Mr. WU. Madam Chair, I also urge partnership for strong manufacturing where my grandfather and great-grand- support for H.R. 1868. As I am fre- growth, and these statistics bear this father worked. quently fond of saying, if you don’t set out: In fiscal year 2004 alone, MEP ac- The days of those large manufac- standards for things, things don’t tivities directly resulted in almost $2 turing plants, at least in the Fifth Con- match up. If you can’t measure things, billion in new sales and more than gressional District, are days of the it is not real from a technologic or eco- 12,000 jobs. MEP’s ability to analyze past. However, my district now stands nomic perspective. the weaknesses of each manufacturer at the precipice of a new manufac- The underlying legislation is crucial resulted in $721 million in cost savings. turing era. to America’s competitiveness and our It also led to $941 million worth of in- As I travel around my district, I am place in the world market. vestment and modernization to meet struck by how many small, high-tech Mr. MATHESON. Madam Chairman, I would the future needs of manufacturers. manufacturers are setting up shop in like to compliment my friend, Chairman WU. I have seen firsthand the benefits of this corner of the world. For example, He has been a tireless advocate for America’s the New Jersey MEP as provided for in Torrington, high-tech companies are manufacturers and businesses and this bill will be a great benefit to our Nation’s workforce. I manufacturers, and similar throughout sprouting up on the grounds of the appreciate working with the Chairman to in- the entire Nation. I believe that this is former Torrington Ball Bearing plant. clude language in H.R. 1868 for a pilot pro- a very wise investment for us, and we In Danbury, in the shadow of a deserted gram that, among other things, better enables can secure our Nation’s manufacturing hat manufacturing plant, a company the transfer of technology based on the tech- that specializes in homeland security base. I urge my colleagues from both nological needs of manufacturers and avail- devices is growing. And in Waterbury, sides of the aisle to vote in favor of able technologies from institutions of higher at an old brass factory, Luvata is mak- this vital legislation. education, laboratories, and other technology In conclusion, Madam Chair, let me ing wire for an international consor- producing entities. say this. I think this is the beginning tium creating the world’s first nuclear The Manufacturing Extension Partnership of finally having a manufacturing pol- fusion device. Competitive Grant Program described in Sec- icy in this country. That is why we These small manufacturers are strug- tion 203(c) of H.R. 1868 is intended to, in ad- have seen the demise of manufacturing. gling every day with rising electricity dition to traditional manufacturing extension Alexander Hamilton was right, we have costs and a lack of qualified workers to activities, emphasize the need to develop a multifaceted economy; and we must fill their growing job demands. This is MEP projects that define the technological understand, that won the battle and why the Manufacturing Extension needs of small-to-medium sized manufacturers the debate with Thomas Jefferson. We Partnership program, a national net- and to similarly define the capabilities of new cannot be one economy here. This is a work of local centers that are set up to technology and innovations available from in- multifaceted economy, and this is good help these small manufacturers, are so stitutions of higher education, laboratories, and for manufacturing, this is good for critical to my district and districts other technology producing entities. When America, this is good for our small like mine. This program is an effective properly defined and characterized, manufac- businesses. public-private partnership that helps turers and innovators will have the ability, Mr. EHLERS. Madam Chair, I reserve to leverage State and Federal dollars through computer technology or other means, the balance of my time. into private investment funds for these to match needs with capabilities. I believe that Mr. WU. Madam Chair, I yield 21⁄2 smaller manufacturers. the development and deployment of this minutes to the gentleman from Con- The importance of small manufactur- matching capability by this Competitive Grant necticut (Mr. MURPHY). ers to America cannot be overstated. It Program will permit access to new and matur- Mr. MURPHY of Connecticut. Madam is these small manufacturing plants ing technologies for the 350,000 small-to-me- Chair, my thanks to my friend, Mr. where the most innovative work is dium-sized manufacturers on a broad basis, WU, for leading this debate today. I rise being done. That is why I am so proud which has not been possible to date.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MY7.062 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4455 Mr. WU. Madam Chairman, I am aware of Science Foundation, the National Institute of telecommunications, and nanomaterials. To Representative MATHESON’s concerns about Standards and Technology (NIST), and the complete this extension, NIST will need further technology infusion to small manufacturers. Department of Energy’s Office of Science. funding in Fiscal Year 2008 and Fiscal Year There is study by the National Academy of NIST exists to improve our Nation’s economic 2009. H.R. 1868 authorizes this critical fund- Public Administration that established the crit- security and quality of life through the im- ing. ical need for small manufacturers to have bet- provement of technology and related sciences The legislation also includes a needed fund- ter access to changing technology, production and standards. This legislation puts us well on ing increase for overall laboratory research at techniques, and business management prac- the path to doubling our investment in NIST by NIST. As part of the American Competitive- tices. This study also recommended the im- setting the appropriate authorization levels ness initiative, NIST will use these funds to proving technology transfer and infusion to through 2010. This will mean actual authoriza- expand upon its world-class research, ensur- small and medium-sized manufacturers. The tions of $470.9 million in FY 2008 and $537.6 ing that the United States will continue to be Committee supports the rapid integration of million in FY 2010. These increases are nec- globally competitive in many industries. new technologies and innovations into the essary investments in revitalizing NIST’s staff- I am also Pleased to see that the legislation manufacturing industry. This integration will ing, activity, and physical infrastructure, par- reauthorizes and gradually increases funding help small-to-medium sized manufacturers ticularly at a time when we face unprece- for the Manufacturing Extension Partnership stay competitive in the global economy while dented levels of international competition. (MEP) program. The MEP program has a net- promoting American innovation and preserving In this bill, the Technology Innovation Pro- work of centers across the nation to help small American jobs. Language in the bill will facili- gram (TIP) is created. TIP gives businesses and medium-sized manufacturers develop and tate these goals. and universities grants that encourage high- commercialize their research. Minimal Federal Mr. CONYERS. Madam Chairman, I rise in risk investments in technology, in cases where investment has yielded substantial benefits to strong support of H.R. 1868, The Technology such investments have potential widespread manufacturers across the country. Innovation and Manufacturing Stimulation Act economic benefits. This is a sound use of tax- In Colorado, the Colorado Association for of 2007. H.R. 1868 authorizes appropriations payer money, as projected economic payoff to Manufacturing and Technology (CAMT) hosts for scientific and technical research at the Na- society is a necessary precondition for the Colorado MEP (CMEP) program and has tional Institute of Standards and Technology issuance of a grant. This program helps to helped Colorado’s more than 6,000 manufacturers save millions of dollars. Over the last 6 (NIST) for fiscal years 2008, 2009, and 2010, solve the failure of market forces to encourage years, CMEP has decreased costs for Colo- strengthens and improves the Manufacturing full investment in research and development. rado manufacturers by almost $17 million and Extension Partnership (MEP) initiative, and es- This failure of market forces is rooted in the increased sales by more than $4 million—so I tablishes the Technology Innovation Program fact that only one third of the financial reward believe that this is a program that we must (TIP) to assist U.S. businesses and institutions of research and development investment is felt continue to support. of higher education to accelerate development by investors, with the rest being felt by society This legislation also replaces the Advanced and application of challenging, high-risk tech- as a whole. Technology Program (ATP) with the Tech- nologies that promise widespread economic H.R. 1868 also improves the competitive- nology Innovation Program (TIP). The ATP benefits. ness of the American manufacturing industry has been a valuable resource to small manu- H.R. 1868 authorizes $365 million for MEP, by creating postdoctoral fellowships for related facturers by funding technology development. a highly successful program that helps small research, and by creating a manufacturing re- The TIP will build upon and improve this pro- and medium domestic manufacturers compete search pilot grants program for interdiscipli- gram to help small U.S. manufacturers remain more effectively in the international market- nary collaborations between businesses, State competitive in the increasingly competitive place. The goal of MEP is not only to maintain governments, nonprofits, and universities. global market. current manufacturing jobs, but also to nurture By strengthening our existing investment in I would like to thank Technology and Inno- growth in the manufacturing sector to create our national technology and manufacturing ca- vation Subcommittee Chairman WU and Rank- additional jobs for American workers. The bill pacity and through the creation of new related ing Member GINGREY, as well as Science and provides for an 8 percent increase per year in programs, this bill is a crucial element of the Technology Chairman GORDON, for introducing MEP appropriations, which would double pro- Innovation Agenda to maintain American eco- this critical legislation and working to bring it to gram funding in 10 years. nomic security and global leadership. I encour- the floor today. The Technology Innovation and Manufac- age my colleagues to support this resolution. In conclusion, I encourage all of my col- turing Stimulation Act of 2007 also amends Mr. UDALL of Colorado. Madam Chairman, leagues to support H.R. 1868. the National Institute of Standards and Tech- I am pleased to support H.R. 1868, the Tech- Mr. WU. Madam Chair, I yield back nology Act to establish an MEP board. The nology Innovation and Manufacturing Stimula- the balance of my time. current national MEP board is established by tion Act of 2007. The Acting CHAIRMAN (Mrs. the Secretary of Commerce, and has been I am a cosponsor of this important legisla- TAUSCHER). All time for general debate woefully neglected for 3 years, not meeting at tion, which reauthorizes the National Institute has expired. all in 2005 and 2006. NIST recently reconsti- of Standards and Technology (NIST). NIST Pursuant to the rule, the amendment tuted the board, but most members are now has not been completely reauthorized since in the nature of a substitute printed in from academia, not industry. H.R. 1868 would 1992, yet it is the lead federal agency in much the bill shall be considered as an origi- establish the MEP advisory board in statute, cutting-edge technology, such as semicon- nal bill for the purpose of amendment rather than at the discretion of the Secretary ductor research and nanotechnology. under the 5-minute rule and shall be of Commerce, and would require majority rep- NIST is particularly important to me because considered read. resentation from industry. one of its key laboratories is located in Boul- The text of the amendment in the na- My district and others across the country will der, Colorado, in my district. The Boulder labs ture of a substitute is as follows: benefit from funding research at National Insti- employ more than 350 people and serve as a H.R. 1868 tutes of Standards and Technology, strength- science and engineering center for significant Be it enacted by the Senate and House of Rep- ening the Manufacturing Extension Partner- research across the nation. resentatives of the United States of America in ship, and establishing the Technology Innova- A critical component of this legislation is that Congress assembled, tion Program, and I am pleased to be able to it includes funding for construction at these SECTION 1. SHORT TITLE; TABLE OF CONTENTS. support it. laboratories. NIST’s Boulder facilities have (a) SHORT TITLE.—This Act may be cited as Mr. HOLT. Madam Chairman, I rise today in contributed to great scientific advances, but the ‘‘Technology Innovation and Manufac- support of the Technology Innovation and they are now over 50 years old and have not turing Stimulation Act of 2007’’. (b) TABLE OF CONTENTS.—The table of con- Manufacturing Stimulation Act, H.R. 1868. been well maintained. Many environmental tents for this Act is as follows: This important legislation is part of an ambi- factors such as the humidity and vibrations Sec. 1. Short title; table of contents. from traffic can affect the quality of research tious initiative that will fulfill the Innovation TITLE I—AUTHORIZATION OF Agenda. performed at NIST. In Fiscal Year 2007, NIST- APPROPRIATIONS I am proud of my efforts to help craft the In- Boulder will begin an extension of Building 1 Sec. 101. Scientific and technical research and novation Agenda, which will help provide for to make room for a Precision Metrology lab. services. future prosperity through wise investments. This new facility will allow for incredibly pre- Sec. 102. Industrial technology services. H.R. 1868 is an integral part of this effort and cise control of temperature, relative humidity, TITLE II—INNOVATION AND TECHNOLOGY will help meet the Agenda’s call to double air filtration and vibration to advance research POLICY REFORMS funding over the next 10 years for the National on critical technologies, such as atomic clocks Sec. 201. Institute-wide planning report.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6343 E:\CR\FM\A03MY7.054 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4456 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Sec. 202. Report by Visiting Committee. (A) $150,500,000 shall be for the Technology pointment during the one-year period following Sec. 203. Manufacturing extension partnership. Innovation Program under section 28 of the Na- the expiration of the second such term. Sec. 204. Technology Innovation Program. tional Institute of Standards and Technology ‘‘(3) The MEP Advisory Board shall meet no Sec. 205. Research fellowships. Act (15 U.S.C. 278n), of which at least less than 2 times annually, and provide to the Sec. 206. Collaborative manufacturing research $45,000,000 shall be for new awards; and Director— pilot grants. (B) $131,766,000 shall be for the Manufac- ‘‘(A) advice on Manufacturing Extension Sec. 207. Manufacturing fellowship program. turing Extension Partnership Program under Partnership programs, plans, and policies; Sec. 208. Meetings of Visiting Committee on Ad- sections 25 and 26 of the National Institute of ‘‘(B) assessments of the soundness of Manu- vanced Technology. Standards and Technology Act (15 U.S.C. 278k facturing Extension Partnership plans and TITLE III—MISCELLANEOUS and 278l), of which not more than $4,000,000 strategies; and shall be for the competitive grant program under ‘‘(C) assessments of current performance Sec. 301. Post-doctoral fellows. section 25(f) of such Act. against Manufacturing Extension Partnership Sec. 302. Financial agreements clarification. program plans. TITLE II—INNOVATION AND TECHNOLOGY Sec. 303. Working capital fund transfers. ‘‘(4) In discharging its duties under this sub- POLICY REFORMS Sec. 304. Retention of depreciation surcharge. section, the MEP Advisory Board shall function Sec. 305. Non-Energy Inventions Program. SEC. 201. INSTITUTE-WIDE PLANNING REPORT. solely in an advisory capacity, in accordance Sec. 306. Redefinition of the metric system. Section 23 of the National Institute of Stand- with the Federal Advisory Committee Act. Sec. 307. Repeal of redundant and obsolete au- ards and Technology Act (15 U.S.C. 278i) is ‘‘(5) The MEP Advisory Board shall transmit thority. amended by adding at the end the following an annual report to the Secretary for trans- Sec. 308. Clarification of standard time and new subsections: mittal to the Congress within 30 days after the time zones. ‘‘(c) Concurrent with the submission to Con- submission to the Congress of the President’s Sec. 309. Procurement of temporary and inter- gress of the President’s annual budget request annual budget request in each year. Such report mittent services. in the first year after the date of enactment of shall address the status of the Manufacturing Sec. 310. Malcolm Baldrige awards. the Technology Innovation and Manufacturing Extension Partnership program and comment on TITLE I—AUTHORIZATION OF Stimulation Act of 2007, the Director shall trans- the relevant sections of the programmatic plan- APPROPRIATIONS mit to the Congress a 3-year programmatic planning document and updates thereto transmitted ning document for the Institute, including pro- to the Congress by the Director under section SEC. 101. SCIENTIFIC AND TECHNICAL RESEARCH grams under the Scientific and Technical Re- AND SERVICES. 23(c) and (d).’’. search and Services, Industrial Technology (b) ACCEPTANCE OF FUNDS.—Section 25(d) of (a) LABORATORY ACTIVITIES.—There are au- Services, and Construction of Research Facili- thorized to be appropriated to the Secretary of the National Institute of Standards and Tech- ties functions. nology Act (15 U.S.C. 278k(d)) is amended to Commerce for the scientific and technical re- ‘‘(d) Concurrent with the submission to the search and services laboratory activities of the read as follows: Congress of the President’s annual budget re- ‘‘(d) ACCEPTANCE OF FUNDS.—In addition to National Institute of Standards and Tech- quest in each year after the date of enactment such sums as may be appropriated to the Sec- nology— of the Technology Innovation and Manufac- retary and Director to operate the Centers pro- (1) $470,879,000 for fiscal year 2008; turing Stimulation Act of 2007, the Director gram, the Secretary and Director also may ac- (2) $497,750,000 for fiscal year 2009; and shall transmit to the Congress an update to the cept funds from other Federal departments and (3) $537,569,000 for fiscal year 2010. 3-year programmatic planning document trans- agencies and under section 2(c)(7) from the pri- (b) MALCOLM BALDRIGE NATIONAL QUALITY mitted under subsection (c), revised to cover the vate sector for the purpose of strengthening AWARD PROGRAM.—There are authorized to be first 3 fiscal years after the date of that up- United States manufacturing. Such funds, if al- appropriated to the Secretary of Commerce for date.’’. located to a Center or Centers, shall not be con- the Malcolm Baldrige National Quality Award SEC. 202. REPORT BY VISITING COMMITTEE. sidered in the calculation of the Federal share program under section 17 of the Stevenson- Section 10(h)(1) of the National Institute of of capital and annual operating and mainte- Wydler Technology Innovation Act of 1980 (15 Standards and Technology Act (15 U.S.C. nance costs under subsection (c).’’. U.S.C. 3711a)— 278(h)(1)) is amended— (c) MANUFACTURING EXTENSION CENTER COM- (1) $7,860,000 for fiscal year 2008; (1) by striking ‘‘on or before January 31 in PETITIVE GRANT PROGRAM.—Section 25 of the (2) $8,096,000 for fiscal year 2009; and each year’’ and inserting ‘‘within 30 days after National Institute of Standards and Technology (3) $8,339,000 for fiscal year 2010. the submission to Congress of the President’s Act (15 U.S.C. 278k), as amended by subsection (c) CONSTRUCTION AND MAINTENANCE.—There annual budget request in each year’’; and (a) of this section, is further amended by adding are authorized to be appropriated to the Sec- (2) by adding to the end the following: ‘‘Such at the end the following new subsection: retary of Commerce for construction and main- report also shall comment on the programmatic ‘‘(f) COMPETITIVE GRANT PROGRAM.— tenance of facilities of the National Institute of planning document and updates thereto trans- ‘‘(1) ESTABLISHMENT.—The Director shall es- Standards and Technology— mitted to the Congress by the Director under tablish, within the Manufacturing Extension (1) $93,865,000 for fiscal year 2008; section 23(c) and (d).’’. Partnership program under this section and sec- (2) $86,371,000 for fiscal year 2009; and SEC. 203. MANUFACTURING EXTENSION PART- tion 26 of this Act, a program of competitive (3) $49,719,000 for fiscal year 2010. NERSHIP. awards among participants described in para- SEC. 102. INDUSTRIAL TECHNOLOGY SERVICES. (a) MEP ADVISORY BOARD.—Section 25 of the graph (2) for the purposes described in para- There are authorized to be appropriated to the National Institute of Standards and Technology graph (3). Secretary of Commerce for Industrial Tech- Act (15 U.S.C. 278k) is amended by adding at the ‘‘(2) PARTICIPANTS.—Participants receiving nology Services activities of the National Insti- end the following new subsection: awards under this subsection shall be the Cen- tute of Standards and Technology— ‘‘(e) MEP ADVISORY BOARD.—(1) There is es- ters, or a consortium of such Centers. (1) $222,968,000 for fiscal year 2008, of which— tablished within the Institute a Manufacturing ‘‘(3) PURPOSE.—The purpose of the program (A) $110,000,000 shall be for the Technology Extension Partnership Advisory Board (in this under this subsection is to develop projects to Innovation Program under section 28 of the Na- Act referred to as the ‘MEP Advisory Board’). solve new or emerging manufacturing problems tional Institute of Standards and Technology The MEP Advisory Board shall consist of 10 as determined by the Director, in consultation Act (15 U.S.C. 278n), of which at least members broadly representative of stakeholders, with the Director of the Manufacturing Exten- $45,000,000 shall be for new awards; and to be appointed by the Director. At least 2 mem- sion Partnership program, the Manufacturing (B) $112,968,000 shall be for the Manufac- bers shall be employed by or on an advisory Extension Partnership Advisory Board, and turing Extension Partnership program under board for the Centers, and at least 5 other mem- small and medium-sized manufacturers. One or sections 25 and 26 of the National Institute of bers shall be from United States small businesses more themes for the competition may be identi- Standards and Technology Act (15 U.S.C. 278k in the manufacturing sector. No member shall be fied, which may vary from year to year, depend- and 278l), of which not more than $1,000,000 an employee of the Federal Government. ing on the needs of manufacturers and the suc- shall be for the competitive grant program under ‘‘(2)(A) Except as provided in subparagraph cess of previous competitions. These themes section 25(f) of such Act; (B) or (C), the term of office of each member of shall be related to projects associated with man- (2) $263,505,000 for fiscal year 2009, of which— the MEP Advisory Board shall be 3 years. ufacturing extension activities, including supply (A) $141,500,000 shall be for the Technology ‘‘(B) The original members of the MEP Advi- chain integration and quality management, and Innovation Program under section 28 of the Na- sory Board shall be appointed to 3 classes. One including the transfer of technology based on tional Institute of Standards and Technology class of 3 members shall have an initial term of the technological needs of manufacturers and Act (15 U.S.C. 278n), of which at least 1 year, one class of 3 members shall have an ini- available technologies from institutions of high- $45,000,000 shall be for new awards; and tial term of 2 years, and one class of 4 members er education, laboratories, and other technology (B) $122,005,000 shall be for the Manufac- shall have an initial term of 3 years. producing entities, or extend beyond these tradi- turing Extension Partnership Program under ‘‘(C) Any member appointed to fill a vacancy tional areas. sections 25 and 26 of the National Institute of occurring prior to the expiration of the term for ‘‘(4) APPLICATIONS.—Applications for awards Standards and Technology Act (15 U.S.C. 278k which his predecessor was appointed shall be under this subsection shall be submitted in such and 278l), of which not more than $4,000,000 appointed for the remainder of such term. manner, at such time, and containing such in- shall be for the competitive grant program under ‘‘(D) Any person who has completed two con- formation as the Director shall require, in con- section 25(f) of such Act; and secutive full terms of service on the MEP Advi- sultation with the Manufacturing Extension (3) $282,266,000 for fiscal year 2010, of which— sory Board shall thereafter be ineligible for ap- Partnership Advisory Board.

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‘‘(5) SELECTION.—Awards under this sub- nical approach, major technical hurdles, and ensure cooperation and coordination in Federal section shall be peer reviewed and competitively the attendant risks, and that clearly establishes technology programs and to avoid unnecessary awarded. The Director shall select proposals to the feasibility of the technology through ade- duplication of efforts. receive awards— quately detailed plans linked to major technical ‘‘(i) ACCEPTANCE OF FUNDS FROM OTHER FED- ‘‘(A) that utilize innovative or collaborative barriers; ERAL AGENCIES.—In addition to amounts appro- approaches to solving the problem described in ‘‘(6) whose application establishes that the priated to carry out this section, the Secretary the competition; team proposed to carry out the work has a high and the Director may accept funds from other ‘‘(B) that will improve the competitiveness of level of scientific and technical expertise to con- Federal agencies to support awards under the industries in the region in which the Center or duct research and development, has a high level Technology Innovation Program. Any award Centers are located; and of commitment to the project, and has access to under this section which is supported with ‘‘(C) that will contribute to the long-term eco- appropriate research facilities; funds from other Federal agencies shall be se- nomic stability of that region. ‘‘(7) whose proposal explains why Technology lected and carried out according to the provi- ‘‘(6) PROGRAM CONTRIBUTION.—Recipients of Innovation Program support is necessary; sions of this section. awards under this subsection shall not be re- ‘‘(8) whose application includes a plan for ad- ‘‘(j) TIP ADVISORY BOARD.— quired to provide a matching contribution.’’. vancing the technology into commercial use; ‘‘(1) ESTABLISHMENT.—There is established SEC. 204. TECHNOLOGY INNOVATION PROGRAM. and within the Institute a Technology Innovation Section 28 of the National Institute of Stand- ‘‘(9) whose application assesses the project’s Program Advisory Board. The TIP Advisory ards and Technology Act (15 U.S.C. 278n) is organizational structure and management plan. Board shall consist of 10 members appointed by amended to read as follows: ‘‘(d) EXTERNAL REVIEW OF PROPOSALS.—In the Director, at least 7 of which shall be from order to analyze the need for or the value of United States industry, chosen to reflect the ‘‘TECHNOLOGY INNOVATION PROGRAM any proposal made by a joint venture or com- wide diversity of technical disciplines and in- ‘‘SEC. 28. (a) ESTABLISHMENT.—There is estab- pany requesting the Director’s assistance under dustrial sectors represented in Technology Inno- lished in the Institute a Technology Innovation this section, or to monitor the progress of any vation Program projects. No member shall be an Program for the purpose of assisting United project which receives funds under this section, employee of the Federal Government. States businesses and institutions of higher edu- the Director shall consult with industry or other ‘‘(2) TERMS OF OFFICE.—(A) Except as pro- cation or other organizations, such as national expert sources that do not have a proprietary or vided in subparagraph (B) or (C), the term of of- laboratories and nonprofit research institutes, financial interest in the proposal or project. fice of each member of the TIP Advisory Board to accelerate the development and application of ‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNER- shall be 3 years. challenging, high-risk technologies that promise SHIP.— ‘‘(B) The original members of the TIP Advi- widespread economic benefits for the Nation. ‘‘(1) IN GENERAL.—Title to any intellectual sory Board shall be appointed to 3 classes. One ‘‘(b) GRANTS.— property developed by a joint venture from as- class of 3 members shall have an initial term of ‘‘(1) IN GENERAL.—The Director shall make sistance provided under this section may vest in 1 year, one class of 3 members shall have an ini- grants under this section to eligible companies any participant in the joint venture, as agreed tial term of 2 years, and one class of 4 members for research and development on high-risk, by the members of the joint venture, notwith- shall have an initial term of 3 years. high-payoff emerging and enabling technologies standing section 202(a) and (b) of title 35, ‘‘(C) Any member appointed to fill a vacancy that offer significant potential benefits to the United States Code. The United States may re- occurring prior to the expiration of the term for United States economy and a wide breadth of serve a nonexclusive, nontransferable, irrev- which his predecessor was appointed shall be potential application, and form an important ocable paid-up license, to have practiced for or appointed for the remainder of such term. technical basis for future innovations. Such on behalf of the United States in connection ‘‘(D) Any person who has completed two con- grants shall be made to eligible companies that with any such intellectual property, but shall secutive full terms of service on the TIP Advi- are— not in the exercise of such license publicly dis- sory Board shall thereafter be ineligible for ap- ‘‘(A) small or medium-sized businesses that are close proprietary information related to the li- pointment during the one-year period following substantially involved in the research and de- cense. Title to any such intellectual property the expiration of the second such term. velopment, including having a leadership role in shall not be transferred or passed, except to a ‘‘(3) PURPOSE.—The TIP Advisory Board shall programmatically steering the project and defin- participant in the joint venture, until the expi- meet no less than 2 times annually, and provide ing the research agenda; or ration of the first patent obtained in connection to the Director— ‘‘(B) joint ventures. with such intellectual property. ‘‘(A) advice on programs, plans, and policies ‘‘(2) SINGLE COMPANY GRANTS.—No grant ‘‘(2) LICENSING.—Nothing in this subsection of the Technology Innovation Program; made under paragraph (1)(A) shall exceed shall be construed to prohibit the licensing to ‘‘(B) reviews of the Technology Innovation $3,000,000 over 3 years. The Federal share of a any company of intellectual property rights Program’s efforts to assess its economic impact; project funded by such a grant shall not be more arising from assistance provided under this sec- ‘‘(C) reports on the general health of the pro- than 50 percent of total project costs. An award tion. gram and its effectiveness in achieving its legis- under paragraph (1)(A) may be extended beyond ‘‘(3) DEFINITION.—For purposes of this sub- latively mandated mission; 3 years only if the Director transmits to the section, the term ‘intellectual property’ means ‘‘(D) guidance on areas of technology that are Committee on Science and Technology of the an invention patentable under title 35, United appropriate for Technology Innovation Program House of Representatives and the Committee on States Code, or any patent on such an inven- funding; and Commerce, Science, and Transportation of the tion, or any work for which copyright protec- ‘‘(E) recommendations as to whether, in order Senate a full and complete explanation of such tion is available under title 17, United States to better assess whether specific innovations to award, including reasons for exceeding 3 years. Code. be pursued are being adequately supported by Federal funds granted under paragraph (1)(A) ‘‘(f) PROGRAM OPERATION.—Not later than 9 the private sector, the Director could benefit may be used only for direct costs and not for in- months after the date of enactment of the Tech- from advice and information from additional indirect costs, profits, or management fees of a nology Innovation and Manufacturing Stimula- dustry and other expert sources without a pro- contractor. tion Act of 2007, the Director shall issue regula- prietary or financial interest in proposals being ‘‘(3) JOINT VENTURE GRANTS.—No grant made tions— evaluated. under paragraph (1)(B) shall exceed $9,000,000 ‘‘(1) establishing criteria for the selection of ‘‘(4) ADVISORY CAPACITY.—In discharging its over 5 years. The Federal share of a project recipients of assistance under this section; duties under this subsection, the TIP Advisory funded by such a grant shall not be more than ‘‘(2) establishing procedures regarding finan- Board shall function solely in an advisory ca- 50 percent of total project costs. cial reporting and auditing to ensure that con- pacity, in accordance with the Federal Advisory ‘‘(c) AWARD CRITERIA.—The Director shall tracts and awards are used for the purposes Committee Act. award grants under this section only to an eligi- specified in this section, are in accordance with ‘‘(5) ANNUAL REPORT.—The TIP Advisory ble company— sound accounting practices, and are not fund- Board shall transmit an annual report to the ‘‘(1) whose proposal has scientific and techno- ing existing or planned research programs that Secretary for transmittal to the Congress within logical merit; would be conducted in the same time period in 30 days after the submission to Congress of the ‘‘(2) whose application establishes that the the absence of financial assistance under this President’s annual budget request in each year. proposed technology has strong potential to section; and Such report shall address the status of the Tech- generate substantial benefits to the Nation that ‘‘(3) providing for appropriate dissemination nology Innovation Program and comment on the extend significantly beyond the direct return to of Technology Innovation Program research re- relevant sections of the programmatic planning the applicant; sults. document and updates thereto transmitted to ‘‘(3) whose application establishes that the re- ‘‘(g) CONTINUATION OF ATP GRANTS.—The Di- the Congress by the Director under section 23(c) search has strong potential for advancing the rector shall, through the Technology Innovation and (d). state-of-the-art and contributing significantly to Program, continue to provide support originally ‘‘(k) DEFINITIONS.—For purposes of this sec- the United States scientific and technical awarded under the Advanced Technology Pro- tion— knowledge base; gram, in accordance with the terms of the origi- ‘‘(1) the term ‘eligible company’ means a com- ‘‘(4) whose application establishes that the re- nal award. pany that is incorporated in the United States search is aimed at overcoming a scientific or ‘‘(h) COORDINATION WITH OTHER FEDERAL and does a majority of its business in the United technological barrier; TECHNOLOGY PROGRAMS.—In carrying out this States, and that either— ‘‘(5) who has provided a technical plan that section, the Director shall, as appropriate, co- ‘‘(A) is majority owned by citizens of the clearly identifies the core innovation, the tech- ordinate with other senior Federal officials to United States; or

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‘‘(B) is owned by a parent company incor- graph (3). Awards shall be made on a peer-re- ‘‘(3) STIPEND LEVELS.—Under this subsection, porated in another country and the Director viewed, competitive basis. the Director shall provide stipends for finds that— ‘‘(2) PARTICIPANTS.—Such partnerships shall postdoctoral research fellowships at a level con- ‘‘(i) the company’s participation in the Tech- include at least— sistent with the National Institute of Standards nology Innovation Program would be in the eco- ‘‘(A) 1 manufacturing industry partner; and and Technology Postdoctoral Research Fellow- nomic interest of the United States, as evidenced ‘‘(B) 1 nonindustry partner. ship Program, and senior research fellowships by— ‘‘(3) PURPOSE.—The purpose of the program at levels consistent with support for a faculty ‘‘(I) investments in the United States in re- under this section is to foster cost-shared col- member in a sabbatical position.’’. search and manufacturing (including the manu- laborations among firms, educational institu- SEC. 208. MEETINGS OF VISITING COMMITTEE ON facture of major components or subassemblies in tions, research institutions, State agencies, and ADVANCED TECHNOLOGY. the United States); nonprofit organizations to encourage the devel- Section 10(d) of the National Institute of ‘‘(II) significant contributions to employment opment of innovative, multidisciplinary manu- Standards and Technology Act (15 U.S.C. in the United States; and facturing technologies. Partnerships receiving 278(d)) is amended by striking ‘‘quarterly’’ and ‘‘(III) agreement with respect to any tech- awards under this section shall conduct applied inserting ‘‘twice each year’’. nology arising from assistance provided under research to develop new manufacturing proc- TITLE III—MISCELLANEOUS esses, techniques, or materials that would con- this section to promote the manufacture within SEC. 301. POST-DOCTORAL FELLOWS. tribute to improved performance, productivity, the United States of products resulting from Section 19 of the National Institute of Stand- and competitiveness of United States manufac- that technology (taking into account the goals ards and Technology Act (15 U.S.C. 278g–2) is turing, and build lasting alliances among col- of promoting the competitiveness of United amended by striking ‘‘nor more than 60 new fel- laborators. States industry); and lows’’ and inserting ‘‘nor more than 120 new fel- ‘‘(b) PROGRAM CONTRIBUTION.—Awards under ‘‘(ii) the company is incorporated in a country lows’’. which— this section shall provide for not more than one- third of the costs of a partnership. Not more SEC. 302. FINANCIAL AGREEMENTS CLARIFICA- ‘‘(I) affords to United States-owned companies TION. than an additional one-third of such costs may opportunities, comparable to those afforded to Section 2(b)(4) of the National Institute of be obtained directly or indirectly from other any other company, to participate in any joint Standards and Technology Act (15 U.S.C. Federal sources. venture similar to those receiving funding under 272(b)(4)) is amended by inserting ‘‘and grants ‘‘(c) APPLICATIONS.—Applications for awards this section; and cooperative agreements,’’ after ‘‘arrange- under this section shall be submitted in such ‘‘(II) affords to United States-owned compa- ments,’’. nies local investment opportunities comparable manner, at such time, and containing such information as the Director shall require. Such SEC. 303. WORKING CAPITAL FUND TRANSFERS. to those afforded any other company; and Section 12 of the National Institute of Stand- applications shall describe at a minimum— ‘‘(III) affords adequate and effective protec- ards and Technology Act (15 U.S.C. 278b) is tion for the intellectual property rights of ‘‘(1) how each partner will participate in developing and carrying out the research agenda amended by adding at the end the following: United States-owned companies; ‘‘(g) AMOUNT AND SOURCE OF TRANSFERS.— of the partnership; ‘‘(2) the term ‘institution of higher education’ Not more than one-quarter of one percent of the ‘‘(2) the research that the grant would fund; has the meaning given that term in section 101 amounts appropriated to the Institute for any of the Higher Education Act of 1965 (20 U.S.C. and ‘‘(3) how the research to be funded with the fiscal year may be transferred to the fund, in 1001); addition to any other transfer authority. In ad- ‘‘(3) the term ‘joint venture’ means a joint award would contribute to improved performance, productivity, and competitiveness of the dition, funds provided to the Institute from venture that— other Federal agencies for the purpose of pro- ‘‘(A) includes either— United States manufacturing industry. ‘‘(d) SELECTION CRITERIA.—In selecting appli- duction of Standard Reference Materials may be ‘‘(i) at least 2 separately owned for-profit com- transferred to the fund.’’. panies that are both substantially involved in cations for awards under this section, the Direc- tor shall consider at a minimum— SEC. 304. RETENTION OF DEPRECIATION SUR- the project and both of which are contributing CHARGE. to the cost-sharing required under this section, ‘‘(1) the degree to which projects will have a broad impact on manufacturing; Section 14 of the National Institute of Stand- with the lead entity of the joint venture being ards and Technology Act (15 U.S.C. 278d) is one of those companies that is a small or me- ‘‘(2) the novelty and scientific and technical merit of the proposed projects; and amended— dium-sized business; or (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(ii) at least one small or medium-sized busi- ‘‘(3) the demonstrated capabilities of the applicants to successfully carry out the proposed ‘‘Within’’; and ness and one institution of higher education or (2) by adding at the end the following: research. other organization, such as a national labora- ‘‘(b) RETENTION OF FEES.—The Director is au- ‘‘(e) DISTRIBUTION.—In selecting applications tory or nonprofit research institute, that are thorized to retain all building use and deprecia- under this section the Director shall ensure, to both substantially involved in the project and tion surcharge fees collected pursuant to OMB the extent practicable, a distribution of overall both of which are contributing to the cost-shar- Circular A–25. Such fees shall be collected and awards among a variety of manufacturing in- ing required under this section, with the lead credited to the Construction of Research Facili- dustry sectors and a range of firm sizes. entity of the joint venture being either that ties Appropriation Account for use in mainte- small or medium-sized business or that institu- ‘‘(f) DURATION.—In carrying out this section, the Director shall run a single pilot competition nance and repair of the Institute’s existing fa- tion of higher education; and cilities.’’. ‘‘(B) may include additional for-profit compa- to solicit and make awards. Each award shall be for a 3-year period.’’. SEC. 305. NON-ENERGY INVENTIONS PROGRAM. nies, institutions of higher education, and other Section 27 of the National Institute of Stand- organizations, such as national laboratories and SEC. 207. MANUFACTURING FELLOWSHIP PRO- GRAM. ards and Technology Act (15 U.S.C. 278m) is re- nonprofit research institutes, that may or may pealed. not contribute non-Federal funds to the project; Section 18 of the National Institute of Stand- ards and Technology Act (15 U.S.C. 278g–1) is SEC. 306. REDEFINITION OF THE METRIC SYSTEM. and Section 3570 of the Revised Statues of the ‘‘(4) the term ‘TIP Advisory Board’ means the amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before United States (derived from section 2 of the Act advisory board established under subsection of July 28, 1866, entitled ‘‘An Act to authorize (j).’’. ‘‘The Director is authorized’’; and (2) by adding at the end the following new the Use of the Metric System of Weights and SEC. 205. RESEARCH FELLOWSHIPS. subsection: Measures’’ (15 U.S.C. 205; 14 Stat. 339)) is Section 18 of the National Institute of Stand- ‘‘(b) MANUFACTURING FELLOWSHIP PRO- amended to read as follows: ards and Technology Act (15 U.S.C. 278g–l) is GRAM.— ‘‘SEC. 3570. METRIC SYSTEM DEFINED. amended by striking ‘‘up to 1 per centum of the’’ ‘‘(1) ESTABLISHMENT.—To promote the devel- ‘‘The metric system of measurement shall be and inserting ‘‘up to 1.5 percent of the’’. opment of a robust research community working defined as the International System of Units as SEC. 206. COLLABORATIVE MANUFACTURING RE- at the leading edge of manufacturing sciences, established in 1960, and subsequently main- SEARCH PILOT GRANTS. the Director shall establish a program to tained, by the General Conference of Weights The National Institute of Standards and award— and Measures, and as interpreted or modified Technology Act is amended— ‘‘(A) postdoctoral research fellowships at the for the United States by the Secretary of Com- (1) by redesignating the first section 32 (15 Institute for research activities related to manu- merce.’’. U.S.C. 271 note) as section 34 and moving it to facturing sciences; and SEC. 307. REPEAL OF REDUNDANT AND OBSO- the end of the Act; and ‘‘(B) senior research fellowships to established LETE AUTHORITY. (2) by inserting before the section moved by researchers in industry or at institutions of The Act of July 21, 1950, entitled ‘‘An Act To paragraph (1) the following new section: higher education who wish to pursue studies re- redefine the units and establish the standards of ‘‘SEC. 33. COLLABORATIVE MANUFACTURING RE- lated to the manufacturing sciences at the Insti- electrical and photometric measurements’’ (15 SEARCH PILOT GRANTS. tute. U.S.C. 223 and 224) is repealed. ‘‘(a) AUTHORITY.— ‘‘(2) APPLICATIONS.—To be eligible for an SEC. 308. CLARIFICATION OF STANDARD TIME ‘‘(1) ESTABLISHMENT.—The Director shall es- award under this subsection, an individual shall AND TIME ZONES. tablish a pilot program of awards to partner- submit an application to the Director at such (a) Section 1 of the Act of March 19, 1918, ships among participants described in para- time, in such manner, and containing such in- (commonly known as the ‘‘Calder Act’’) (15 graph (2) for the purposes described in para- formation as the Director may require. U.S.C. 261) is amended—

VerDate Aug 31 2005 01:32 May 04, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A03MY7.058 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4459 (1) by striking the second sentence and the Amendment No. 1 offered by Mr. WU: The Acting CHAIRMAN. Without ob- extra period after it and inserting ‘‘Except as In section 204, in the proposed section jection, the gentleman from Michigan provided in section 3(a) of the Uniform Time Act 28(a), insert ‘‘research and’’ after ‘‘to accel- is recognized for 5 minutes. erate the’’. of 1966 (15 U.S.C. 260a), the standard time of the There was no objection. first zone shall be Coordinated Universal Time In section 204, in the proposed section retarded by 4 hours; that of the second zone re- 28(a), strike ‘‘technologies’’ and insert ‘‘, Mr. EHLERS. Madam Chair, I yield tarded by 5 hours; that of the third zone re- high-reward technologies in areas of critical myself such time as I might consume. tarded by 6 hours; that of the four zone retarded national need’’. This is a good amendment and I sup- by 7 hours; that of the fifth zone retarded by 8 In section 204, in the proposed section port it. In response to concerns from hours; that of the sixth zone retarded by 9 28(b)(1), strike ‘‘this section to eligible com- the administration, as explained ear- hours; that of the seventh zone retarded by 10 panies’’ and insert ‘‘this section’’ . lier, it clarifies that the Technology hours; that of the eighth zone retarded by 11 In section 204, in the proposed section 28(b)(1), strike ‘‘high-payoff’’ and insert Innovation Program will only support hours; and that of the ninth zone shall be Co- projects that address critical national ordinated Universal Time advanced by 10 ‘‘high-reward’’. In section 204, in the proposed section hours.’’; and needs. (2) by adding at the end the following: ‘‘In 28(b)(1), strike ‘‘offer significant potential It also expands the definition of high- this section, the term ‘Coordinated Universal benefits to the United States economy and’’ risk research to ensure that the TIP Time’ means the time scale maintained through and insert ‘‘address critical national needs program will only support projects the General Conference of Weights and Meas- and have’’. In section 204, in the proposed section that are too novel or diverse to fare ures and interpreted or modified for the United well in the traditional peer review or States by the Secretary of Commerce in coordi- 28(b)(1), strike ‘‘eligible companies that are’’. In section 204, in the proposed section venture capital process. nation with the Secretary of the Navy.’’ (b) Section 3 of the Act of March 19, 1918, 28(b)(1)(A), insert ‘‘eligible companies that I urge my colleagues to support the (commonly known as the ‘‘Calder Act’’) (15 are’’ before ‘‘small or’’. Wu-Gingrey amendment. And I also In section 204, in the proposed section U.S.C. 264) is amended by striking ‘‘third zone’’ want to just comment, Mr. GINGREY 28(h), insert ‘‘STATE AND’’ after ‘‘COORDINA- and inserting ‘‘fourth zone’’. certainly wished to be here. I am filling TION WITH OTHER’’. SEC. 309. PROCUREMENT OF TEMPORARY AND In section 204, in the proposed section in his role only because he had to trav- INTERMITTENT SERVICES. 28(h), insert ‘‘State and’’ after ‘‘with other el home for a funeral, and he may re- (a) IN GENERAL.—The Director of the National senior’’. appear yet before the end of this par- Institute of Standards and Technology may pro- In section 204, in the proposed section ticular bill. cure the temporary or intermittent services of 28(h), insert ‘‘State and’’ after ‘‘coordination experts or consultants (or organizations thereof) Madam Chair, I reserve the balance in’’. of my time. in accordance with section 3109(b) of title 5, In section 204, in the proposed section United States Code to assist on urgent or short- 28(k), insert the following new paragraph Mr. WU. Madam Chair, I regret that term research projects. after paragraph (1) (and redesignate subse- Dr. GINGREY is not able to be with us (b) EXTENT OF AUTHORITY.—A procurement quent paragraphs accordingly): today because of a funeral at home, under this section may not exceed 1 year in du- ‘‘(2) the term ‘high-risk, high-reward re- and I would like to just reiterate my ration, and the Director shall procure no more search’ means research that— appreciation for his hard work on this than 200 experts and consultants per year. ‘‘(A) has the potential for yielding results (c) SUNSET.—This section shall cease to be ef- amendment and my support for this with far-ranging or wide-ranging implica- fective after September 30, 2010. amendment. tions; (d) REPORT TO CONGRESS.—Not later than 2 1415 years after the date of enactment of this Act, ‘‘(B) addresses critical national needs re- b the Comptroller General shall report to the Com- lated to technology and measurement stand- Madam Chair, I yield back the bal- mittee on Science and Technology of the House ards; and ance of my time. of Representatives and the Committee on Com- ‘‘(C) is too novel or spans too diverse a range of disciplines to fare well in the tradi- The Acting CHAIRMAN. The ques- merce, Science, and Transportation of the Sen- tion is on the amendment offered by ate on whether additional safeguards would be tional peer review process. the gentleman from Oregon (Mr. WU). needed with respect to the use of authorities The Acting CHAIRMAN. Pursuant to granted under this section if such authorities House Resolution 350, the gentleman The amendment was agreed to. were to be made permanent. from Oregon (Mr. WU) and a Member The Acting CHAIRMAN. It is now in SEC. 310. MALCOLM BALDRIGE AWARDS. opposed each will control 5 minutes. order to consider amendment No. 2 Section 17(c)(3) of the Stevenson-Wydler Tech- The Chair recognizes the gentleman printed in House Report 110–118. nology Innovation Act of 1980 (15 U.S.C. from Oregon. AMENDMENT NO. 3 OFFERED BY MR. MANZULLO 3711a(c)(3)) is amended to read as follows: Mr. WU. Madam Chair, I am pleased The Acting CHAIRMAN. It is now in ‘‘(3) In any year, not more than 18 awards may be made under this section to recipients to be offering this amendment with Dr. order to consider amendment No. 3 who have not previously received an award GINGREY, the ranking member of the printed in House Report 110–118. under this section, and no award shall be made Technology and Innovation Sub- Mr. MANZULLO. Madam Chairman, I within any category described in paragraph (1) committee. This amendment was de- offer an amendment. if there are no qualifying enterprises in that veloped as a result of recommendations The Acting CHAIRMAN. The Clerk category.’’. of the Director of the National Insti- will designate the amendment. The Acting CHAIRMAN. No amend- tute of Standards and Technology. The text of the amendment is as fol- ment to the committee amendment is The amendment ensures that the lows: in order except those printed in House Technology Innovation Program, TIP, Amendment No. 3 offered by Mr. MAN- Report 110–118. Each amendment may will focus on high-reward technologies ZULLO: be offered only in the order printed in in areas of critical national need. In At the end of title II, insert the following the report, by a Member designated in addition, it provides additional guid- new section (and amend the table of contents the report, shall be considered read, ance that the program must coordinate accordingly): shall be debatable for the time speci- with similar State organizations and SEC. 209. MANUFACTURING RESEARCH DATA- fied in the report, equally divided and programs. Many States have developed BASE. (a) ESTABLISHMENT.—The National Insti- controlled by the proponent and oppo- innovation agendas to stimulate job tute of Standards and Technology shall pro- nent, shall not be subject to amend- growth, and it makes sense that we vide for the establishment of a manufac- ment, and shall not be subject to a de- should ensure that this program co- turing research database to enable private mand for division of the question. ordinates with these existing pro- sector individuals and Federal officials to ac- AMENDMENT NO. 1 OFFERED BY MR. WU grams. cess a broad range of information on manu- The Acting CHAIRMAN. It is now in Finally, the amendment includes a facturing research carried out with funding order to consider amendment No. 1 definition of high-risk, high-reward re- support from the Federal Government. (b) CONTENTS.—The database established printed in House Report 110–118. search. Dr. GINGREY and I worked closely in developing this amendment, under subsection (a) shall contain— Mr. WU. Madam Chairman, I offer an (1) all publicly available information main- amendment. and I would urge its adoption. tained by a Federal agency relating to manu- The Acting CHAIRMAN. The Clerk Madam Chair, I reserve the balance facturing research projects funded in whole will designate the amendment. of my time. or in part by the Federal Government; and The text of the amendment is as fol- Mr. EHLERS. Madam Chair, I rise in (2) information about all Federal programs lows: support of the amendment. that may be of interest to manufacturers.

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.058 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4460 CONGRESSIONAL RECORD — HOUSE May 3, 2007 (c) ACCESSIBILITY.—Information contained Madam Chairman, I am proud to represent My vision for this system would be that the in the database shall be accessible in a man- a district that has a county with the second final product would be easily accessible on ner to enable users of the database to easily highest concentration of manufacturing as a NIST’s web site. NIST would also be author- retrieve information of specific interest to them. percentage its share of the local economy in ized by my amendment to charge a nominal (d) FEES.—The National Institute of Stand- the entire Nation. Only one other county in fee for the use of this service if they so ards and Technology may authorize charging America with a population of 250,000 or less choose to help establish and maintain the web a nominal fee for using the database to ac- has more manufacturing than the county that site just as the Department of Commerce does cess information described in subsection surrounds the second largest city in Illinois— with other services such as in-depth market (b)(1) as necessary to recover the costs of Rockford. I have made it my life mission to get research for exporters. The fee could be a maintaining the database. to know all about manufacturing. I have visited yearly subscription for frequent users or a per (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to literally hundreds of factories and small shops visit charge. If a fee is imposed, I would en- the National Institute of Standards and all around the world to enhance my education courage that the fee be as small as possible Technology $2,000,000 for carrying out this about this vital sector of our economy. to reflect actual cost. section. I crafted this amendment because I have This is a very important amendment and I The Acting CHAIRMAN. Pursuant to been frustrated during my time in Congress urge my colleagues to support it. If this inter- House Resolution 350, the gentleman that no one has a complete picture of who is active software can be established, this will be from Illinois (Mr. MANZULLO) and a doing what in the Federal government con- a huge accomplishment, particularly for small Member opposed each will control 5 cerning manufacturing. No one has a com- manufacturers. minutes. plete list of the federal programs available to Madam Chairman, I reserve the bal- The Chair recognizes the gentleman help manufacturers, not even the Manufac- ance of my time. from Illinois. turing Czar at Commerce. Right now, the Gov- Mr. WU. Madam Chair, I claim the Mr. MANZULLO. Madam Chair, I will ernment Accountability Office (GAO) is final- time in opposition to the amendment, not use the 5 minutes, and submit my izing a report at my request to document all of although it is not my intent to oppose full remarks in the RECORD. the programs that deal with manufacturing. the amendment. This amendment is very simple. It Thus far, they have informed me that there The Acting CHAIRMAN. Without ob- authorizes $2 million for NIST to de- are over 280 programs spread throughout the jection, the gentleman from Oregon is velop a software package so that manu- Federal agencies that focus in some aspect recognized for 5 minutes. facturers have basic information about on manufacturing. There was no objection. all the Federal programs available to This problem is compounded further by a Mr. WU. The gentleman from Illinois’ assist them, particularly in the area of lack of transparency among Federal agencies amendment will provide useful infor- research and development. It will pro- in terms of funding that is approved for certain mation to our manufacturing sector, vide a link so that manufacturers projects. Plus, manufacturers who would like and its inclusion will strengthen a bill would know the latest status of all to avail themselves of various Federal pro- already focused on competitiveness in Federal R&D projects relating to man- grams do not know where to turn for answers. manufacturing. Madam Chairman, I reserve the bal- ufacturing. You would think that somewhere a matrix ex- ance of my time. I first realized the need for this soft- ists that details what firms are receiving Fed- Mr. MANZULLO. Madam Chairman, I ware after speaking at a speaking en- eral R&D money and how it is being used, but yield 2 minutes to the gentleman from gagement in Nashville, Tennessee. I I can tell you that it does not. Let me share was walking on the showroom floor and Michigan (Mr. EHLERS). with you one clear example. Mr. EHLERS. Madam Chairwoman, found a major manufacturer from Kan- After a speaking engagement in Tennessee, there’s no need to repeat the contents sas City with a display that was very I was walking the showroom floor and found a of the amendment. I believe it is a good familiar to me. The display had a mini- major manufacturer out of Kansas City, Mis- amendment. I believe it is a needed ature spur gear mounted near the nose souri with a display that was very familiar to amendment, and I particularly like of Lincoln on a Lincoln penny. The me. The display had a miniature spur gear that it will be self-funding, although EIGERlab in Rockford, Illinois has this mounted near the nose of Lincoln on a penny. there is a small amount of money need- exact same way of displaying their The penny was enclosed in a plastic box with ed to start it off, but from that point it miniature spur gear. I asked the em- a magnified top so that you can see the gear. should be self-funded, should NIST de- ployees of the major manufacturer if The EIGERlab in Rockford, Illinois has this cide to do that. So I urge support for they had heard of the micro machining exact same way of displaying their miniature the amendment. work done at the EIGERlab. The Kan- spur gear. I asked the employees of this major Mr. MANZULLO. Madam Chairman, I sas City manufacturer had done its manufacturer if they had heard of the yield back the balance of my time. work by using an EDM. The EIGERlab EIGERlab and the work they are doing on Mr. WU. Madam Chairman, I yield had done its work using a milling proc- micromachining. They had not. It dawned on back the balance of my time. ess. Neither of these parties had known me that I was the only person that knew these The Acting CHAIRMAN. The ques- of each other. It dawned on me that I two places were making the exact same prod- tion is on the amendment offered by was the only person that knew these uct and both were being funded by the De- the gentleman from Illinois (Mr. MAN- two places were making the exact same fense Department. ZULLO). product, although by different meth- This story illustrates well the need for soft- The amendment was agreed to. ods, and both were being funded by the ware that allows users to monitor and track The Acting CHAIRMAN. It is now in Defense Department. where and to whom research money has been order to consider amendment No. 4 The story illustrates the need for granted related to manufacturing, and the sta- printed in House Report 110–118. software that allows users to monitor tus and purpose of the research. This software Mr. WYNN. Madam Chairman, I have and track where and to whom research would allow users to input the material type or an amendment at the desk. money has been granted relating to process being used and it would scan for all The Acting CHAIRMAN. The time manufacturing and the status and pur- federal dollars being put towards the searched when the gentleman’s amendment was pose of the research. My vision for the criteria. The purpose of this amendment is to in order has passed. Amendment No. 4 system would be that the final product cut down on the possible duplication of re- is now in order. would be easily accessible on NIST’s search going on even within the same agency. PARLIAMENTARY INQUIRY Web site. NIST would also be author- My amendment would authorize a $2 million Mr. WYNN. Madam Chairman, I have ized by my amendment to charge a dollar set aside for software to develop this a parliamentary inquiry. nominal fee for the use of the service, system so that manufacturers would have The Acting CHAIRMAN. The gen- if they so choose, to establish and basic information about all the federal pro- tleman will state his parliamentary in- maintain the Web site. If a fee is im- grams available to assist them and also to quiry. posed, I would encourage that the fee provide a link so that they would be able to Mr. WYNN. Would it be permissible be as small as possible to reflect the know the latest status on all of the federal to have my amendment considered at actual cost. R&D projects related to manufacturing. NIST the end of the amendments? I urge my colleagues to support this could either develop this software system The Acting CHAIRMAN. The Com- amendment. themselves or contract it out to someone else. mittee of the Whole is not able to

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.059 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4461 change the order of the amendments PERMISSION TO CONSIDER include ‘‘any technological application established by House Resolution 350. AMENDMENT OUT OF ORDER that uses biological systems, living or- Mr. WYNN. I thank the Chair. DURING FURTHER CONSIDER- ganisms or derivatives thereof to make ATION OF H.R. 1868, TECHNOLOGY or modify products or processes for spe- AMENDMENT NO. 4 OFFERED BY MRS. BOYDA OF INNOVATION AND MANUFAC- cific use.’’ KANSAS TURING STIMULATION ACT OF Biotechnology is an emerging seg- The Acting CHAIRMAN. It is now in 2007 ment of the technology sector often order to consider amendment No. 4 overlooked as an excellent source of printed in House Report 110–118. Mr. WYNN. Mr. Speaker, I ask unanimous consent that during further con- manufacturing jobs and research and Mrs. BOYDA of Kansas. Madam sideration of H.R. 1868 in the Com- development. The biotechnology indus- Chairman, I offer an amendment. mittee of the Whole, pursuant to H. try is a driving force in the Maryland The Acting CHAIRMAN. The Clerk Res. 350, that amendment No. 2 may be economy and a rising sector of the will designate the amendment. offered out of order. American economy. The text of the amendment is as fol- The SPEAKER pro tempore. Is there In the United States, the bio- lows: objection to the request of the gen- technology industry has created more tleman from Maryland? than 200 new therapies and vaccines, Amendment No. 4 offered by Mrs. BOYDA of including products to treat cancer, dia- Kansas: There was no objection. betes, HIV/AIDS and anti-autoimmune f In section 204, in the proposed section disorders. 28(c)(2), insert ‘‘, to include the replacement TECHNOLOGY INNOVATION AND of petroleum-based materials,’’ after ‘‘bene- The industry continues to develop in- fits to the Nation’’. MANUFACTURING STIMULATION novative therapies over 400 products ACT OF 2007 are currently in clinical trials tar- The Acting CHAIRMAN. Pursuant to The SPEAKER pro tempore. Pursu- geting over 200 diseases. The bio- House Resolution 350, the gentlewoman ant to House Resolution 350 and rule technology industry is comprised of from Kansas (Mrs. BOYDA) and a Mem- XVIII, the Chair declares the House in mostly small start-ups that don’t have ber opposed each will control 5 min- the Committee of the Whole House on an existing stream of revenue and are utes. the state of the Union for the further years away from product commer- The Chair recognizes the gentle- consideration of the bill, H.R. 1868. cialization. It takes at least 8 years, woman from Kansas. and then up to $1.2 billion to get a bio- 1426 Mrs. BOYDA of Kansas. Madam b technology therapy approved. Chairman, I appreciate the Chairman’s IN THE COMMITTEE OF THE WHOLE It is these small companies, many of willingness to highlight the potential Accordingly, the House resolved which will never see a product come to cost savings to the Nation through the itself into the Committee of the Whole market or turn a product that are un- research and commercialization of House on the state of the Union for the dertaking the bulk of early develop- plastics technology utilizing renewable further consideration of the bill (H.R. ment gambles and working toward in- energy sources for common plastics ap- 1868) to authorize appropriations for novative cures. In fact, small biotech plications. I hope that the Director of the National Institute of Standards companies account for two-thirds of the National Institute of Technology and Technology for fiscal years 2008, the industry’s pipeline. will give attention to the collaborative 2009, and 2010, and for other purposes, In 2005, there were 1,400 biotech com- efforts between universities and small with Mrs. TAUSCHER (Acting Chairman) panies in the United States, but only and medium-sized businesses in the de- in the chair. 329 were publicly traded. The majority velopment of economical methods of The Clerk read the title of the bill. of the Biotechnology Industry Organi- manufacturing common plastic items The Acting CHAIRMAN. When the zation’s (BIO) members are small com- from renewable energy sources. Committee of the Whole rose earlier panies that have fewer than 50 employ- I yield to the gentleman from Or- today, amendment No. 3 offered by the ees. egon. gentleman from Illinois (Mr. MAN- The U.S. is the leader in bio- ZULLO) had been disposed of. Mr. WU. Madam Chairman, I want to technology. The number of products in assure the gentlelady from Kansas that AMENDMENT NO. 2 OFFERED BY MR. WYNN the late stage pipeline in the U.S. has we will be happy to work with her to The Acting CHAIRMAN. It is now in double the number of products in the address her concerns as this bill moves order to consider amendment No. 2 E.U. This is largely due to the fact that through the legislative process. printed in House Report 110–118. per capita biotech R&D in the U.S. is Mr. WYNN. Madam Chairman, I offer 574 percent higher than in the E.U. Mrs. BOYDA of Kansas. I ask unani- an amendment. mous consent to withdraw the amend- b 1430 The Acting CHAIRMAN. The Clerk ment. will designate the amendment. My State of Maryland is a leader The Acting CHAIRMAN. Without ob- The text of the amendment is as fol- among States in biotechnology re- jection, the amendment is withdrawn. lows: search and innovation, and Maryland- based businesses will benefit greatly There was no objection. Amendment No. 2 offered by Mr. WYNN: The Acting CHAIRMAN. It is now in In section 204, in the proposed section from the funding awarded under this order to consider amendment No. 5 28(b)(1), insert ‘‘(including any technological bill. But not only Maryland; other printed in House Report 110–118. application that uses biological systems, liv- small startup companies in the biotech ing organisms, or derivatives thereof, to industry will benefit by inclusion of Mr. WU. Madam Chairman, I move make or modify products or processes for this bill. that the Committee do now rise. specific use)’’ after ‘‘enabling technologies’’. I believe it is a simple, straight- The motion was agreed to. The Acting CHAIRMAN. Pursuant to forward amendment that just expands Accordingly, the Committee rose; House Resolution 350, the gentleman and clarifies the fact that bio- and the Speaker pro tempore (Mr. from Maryland (Mr. WYNN) and a Mem- technology companies should be in- SCOTT of Virginia) having assumed the ber opposed each will control 5 min- cluded, and I ask support for the chair, Mrs. TAUSCHER, Acting Chair- utes. amendment. man of the Committee of the Whole The Chair recognizes the gentleman Mr. WU. Madam Chairman, will the House on the state of the Union, re- from Maryland. gentleman yield? ported that that Committee, having Mr. WYNN. Madam Chair, the Mr. WYNN. I would be happy to had under consideration the bill (H.R. amendment that I am proposing will yield. 1868) to authorize appropriations for make sure that the biotechnology re- Mr. WU. Madam Chairman, on the the National Institute of Standards search and innovation are included Science and Technology Committee we and Technology for fiscal years 2008, under TIP’s funding objectives by ex- are keenly aware of the importance of 2009, and 2010, and for other purposes, panding the definition of enabling the biotechnology industry to our had come to no resolution thereon. technologies in section 204 of the bill to economy. We also know that the

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.078 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4462 CONGRESSIONAL RECORD — HOUSE May 3, 2007 growth in our biotech industry is large- (b) LIMITING AUTHORIZATIONS IN ANY YEAR Mr. Speaker, I propose to give our ly due to early Federal investment and FOLLOWING A YEAR WITH AN ON-BUDGET (EX- friends on the other side of the aisle an support in this field, and I am pleased CLUDING SOCIAL SECURITY) DEFICIT AND AN opportunity to bridge the Grand Can- OFF-BUDGET (SOCIAL SECURITY) SURPLUS.— to support the gentleman from Mary- yon. I propose to give the majority a (1) LIMITATION.—Notwithstanding any land’s amendment. other provision of this Act, for any fiscal small, perhaps symbolic, but very im- Mr. WYNN. Madam Chairman, I year for which funds are authorized to be ap- portant opportunity to reach out and thank the chairman for his support. propriated under this Act that immediately express their commitment to fiscal Madam Chairman, I yield back the follows a fiscal year in which the Govern- policies that preserve the Social Secu- balance of my time. ment has an actual on-budget deficit and an rity balance for what it was intended Mr. EHLERS. Madam Chairman, I actual off-budget surplus, the amount of for: to fund retirement savings. rise to say I have no objection to the money authorized to be appropriated under Mr. Speaker, by commingling our So- this Act for the Technology Innovation Pro- amendment, and I yield back the bal- gram under section 28 of the National Insti- cial Security surplus with our deficit- ance of my time. tute of Standards and Technology Act, as ridden general fund, we potentially ex- The Acting CHAIRMAN. The ques- amended by subsection (a) of this section, pose our Social Security system to risk tion is on the amendment offered by shall not exceed the amount appropriated for by shielding our policymakers from the gentleman from Maryland (Mr. that Program, or the predecessor Advanced their spending decisions to the full con- WYNN). Technology Program, for the preceding fiscal sequences and the full balance sheet. The amendment was agreed to. year. The time has come for us to change The Acting CHAIRMAN. The ques- (2) DEFINITIONS.—For purposes of this sub- that practice. tion is on the committee amendment section— (A) the term ‘‘actual on-budget deficit’’ Specifically, this motion says that in the nature of a substitute, as amend- means a fiscal year during which total out- the funding authorized for the Ad- ed. lays of the Government excluding outlays vanced Technology Program will be The committee amendment in the from Social Security programs exceeds total capped at the previous year’s appro- nature of a substitute, as amended, was receipts of the Government excluding re- priated amount until such time as the agreed to. ceipts from Social Security programs; Social Security surplus is not used to The Acting CHAIRMAN. Under the (B) the term ‘‘actual off-budget surplus’’ foot part of the bill. rule, the Committee rises. means a fiscal year in which receipts from There is no doubt that the ATP pro- Accordingly, the Committee rose; Social Security programs exceeds outlays gram has great merit. But I think we and the Speaker pro tempore (Mr. from Social Security programs; and (C) the term ‘‘Social Security programs’’ have to ask ourselves, Mr. Speaker, is SCOTT of Virginia) having assumed the means the Federal Old-Age and Survivors In- increasing funding for the program chair, Mrs. TAUSCHER, Acting Chair- surance Trust Fund and the Federal Dis- more important than saving the Social man of the Committee of the Whole ability Insurance Trust Fund. Security surplus for future bene- House on the state of the Union, re- Mr. WU. Mr. Speaker, I reserve a ficiaries? ported that that Committee, having point of order against the motion to re- Mr. Speaker, I serve on the com- had under consideration the bill (H.R. commit. mittee of jurisdiction, and recently we 1868) to authorize appropriations for The SPEAKER pro tempore. A point had an opportunity to hear from the the National Institute of Standards of order is reserved. Social Security actuaries one more and Technology for fiscal years 2008, The gentleman from Pennsylvania is time that the Social Security system is 2009, and 2010, and for other purposes, recognized for 5 minutes. at risk, is under enormous pressure, pursuant to House Resolution 350, she Mr. ENGLISH of Pennsylvania. Mr. and that the time has come to take de- reported the bill back to the House Speaker, in my view, there are three cisive steps to make it solvent so that with an amendment adopted by the Grand Canyons in America. One is fa- its promise can be fulfilled to the next Committee of the Whole. mous, and it is in Arizona and, I think, generation. What we are proposing here The SPEAKER pro tempore. Under familiar to most in the West. Another today is maybe to begin this process in the rule, the previous question is or- is well known in the eastern United a small way and create an opportunity dered. States, and it is in Wellsboro, Pennsyl- for all of our friends in this institution Is a separate vote demanded on any vania. to go on record firmly in an important The third has opened up since the amendment to the amendment re- policy decision and make it clear that last election. And here, Mr. Speaker, I ported from the Committee of the we are not going to raid the Social Se- am referring to the grand canyon, the Whole? If not, the question is on the curity fund in the future. gap, between the rhetoric of the Demo- amendment. This is a very clear issue. It is a very cratic Caucus in the House of Rep- The amendment was agreed to. simple issue. It is an opportunity to resentatives, as witnessed on the floor The SPEAKER pro tempore. The cut past the rhetoric and, frankly, cre- question is on the engrossment and of the House in the last Congress and in previous Congresses, and the policies ate an opportunity for us to do some- third reading of the bill. thing very significant on one of the The bill was ordered to be engrossed of the Democratic Congress since being sworn in in this Congress. major issues facing the country. and read a third time, and was read the Mr. Speaker, I hope everyone in this third time. I remember, Mr. Speaker, fondly, some of the speeches that were given body will join me in supporting this MOTION TO RECOMMIT OFFERED BY MR. ENGLISH on the floor of Congress on behalf of very important initiative on behalf of OF PENNSYLVANIA the Social Security system. Some the Social Security fund. Mr. ENGLISH of Pennsylvania. Mr. fierce, even lachrymose presentations Mr. Speaker, I yield back the balance Speaker, I offer a motion to recommit. that any additional funding for any of my time. The SPEAKER pro tempore. Is the new priority inevitably would be at the Mr. WU. Mr. Speaker, I withdraw my gentleman opposed to the bill? expense of the balance of the Social Se- point of order, and I rise in strong op- Mr. ENGLISH of Pennsylvania. In its curity system, which is seriously in the position to the motion to recommit. present form, I am. red. In other words, new spending, be- The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The cause we were running a deficit, was tleman is recognized for 5 minutes. Clerk will report the motion to recom- inevitably at the expense of the Social Mr. WU. Mr. Speaker, we have heard mit. Security system. I have heard our much talk about the Social Security The Clerk read as follows: friends on the other side of the aisle trust fund and the solvency of Social Mr. English of Pennsylvania moves to re- make the case repeatedly in previous Security. But in the time that I have commit the bill H.R. 1868 to the Committee Congresses to restrict spending because been here, in 8 years, the solvency of on Science and Technology with instructions additional funds would be coming out Social Security has been increased by to report back the same forthwith with an approximately 8 years, and that in- amendment. The amendment is as follows: of the Social Security system. crease is because of American eco- In section 204, insert ‘‘(a) AMENDMENT.—’’ But, Mr. Speaker, since the election, before ‘‘Section 28 of’’. Democrats seem to have muted these nomic growth. It was projected at 34 In section 204, add at the end the following concerns and Democratic actions have years of solvency. It is currently pro- new subsection: been very different. jected at 42 years of solvency, and that

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.079 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4463 is based on conservative, conservative Kuhl (NY) Peterson (PA) Shimkus Towns Wasserman Welch (VT) LaHood Petri Shuler Udall (CO) Schultz Wexler estimates. The reason why there has Lamborn Pickering Shuster Udall (NM) Waters Wilson (OH) been that increase in the solvency pe- Latham Pitts Simpson Van Hollen Watson Woolsey riod of Social Security is because of LaTourette Platts Smith (NE) Vela´ zquez Watt Wu economic growth. Lewis (CA) Poe Smith (NJ) Visclosky Waxman Wynn Lewis (KY) Porter Smith (TX) Walz (MN) Weiner Yarmuth There is nothing more important to Linder Price (GA) Souder the American economy and our com- LoBiondo Pryce (OH) Stearns NOT VOTING—26 petitiveness than the legislation that Lucas Putnam Sullivan Brady (PA) Gingrey McMorris we are considering today. Lungren, Daniel Ramstad Taylor Butterfield Graves Rodgers E. Regula Terry Carson Hastert Ortiz The motion to recommit which the Mack Rehberg Thornberry Costa Hunter Paul gentleman offers would fundamentally Manzullo Reichert Tiahrt Cubin Jindal Pearce gut this legislation and prevent us Marchant Renzi Tiberi Davis, Jo Ann Johnson, E. B. Radanovich McCarthy (CA) Reynolds Turner Engel Lampson Rothman from investing in the most productive McCaul (TX) Rogers (AL) Upton Fattah McHenry Tancredo of technologies, a traditional role McCotter Rogers (KY) Walberg Franks (AZ) McHugh Tanner which the Federal Government has McCrery Rogers (MI) Walden (OR) McKeon Rohrabacher Walsh (NY) b 1505 played to support research and early- Mica Ros-Lehtinen Wamp stage development, not commercializa- Miller (FL) Roskam Weldon (FL) Ms. BERKLEY, Mr. COHEN and Mr. tion, but early-stage development. By Miller (MI) Royce Weller JOHNSON of Georgia changed their prohibiting those activities with this Miller, Gary Ryan (WI) Westmoreland vote from ‘‘yea’’ to ‘‘nay.’’ Moran (KS) Sali Whitfield cap, what in essence would happen is Murphy, Tim Saxton Wicker Ms. ROS-LEHTINEN and Messrs. our rate of economic growth would be Musgrave Schmidt Wilson (NM) BILBRAY, KIRK, PICKERING, WOLF slackened, our ability to manufacture Myrick Sensenbrenner Wilson (SC) and GILCHREST changed their vote Neugebauer Sessions Wolf jobs would be decreased. Nunes Shadegg Young (AK) from ‘‘nay’’ to ‘‘yea.’’ This is a motion to recommit which Pence Shays Young (FL) So the motion to recommit was re- would gut the bill, and I urge its de- jected. feat. NAYS—216 The result of the vote was announced Mr. Speaker, I yield back the balance Abercrombie Giffords Meek (FL) as above recorded. of my time. Ackerman Gillibrand Meeks (NY) The SPEAKER pro tempore (Mr. Allen Gonzalez Melancon The SPEAKER pro tempore. Without Altmire Gordon Michaud SCOTT of Virginia). The question is on objection, the previous question is or- Andrews Green, Al Miller (NC) the passage of the bill. dered on the motion to recommit. Arcuri Green, Gene Miller, George The question was taken; and the Baca Grijalva Mitchell There was no objection. Baird Gutierrez Mollohan Speaker pro tempore announced that The SPEAKER pro tempore. The Baldwin Hall (NY) Moore (KS) the ayes appeared to have it. question is on the motion to recommit. Barrow Hare Moore (WI) RECORDED VOTE Bean Harman Moran (VA) The question was taken; and the Becerra Hastings (FL) Murphy (CT) Mr. WU. Mr. Speaker, I demand a re- Speaker pro tempore announced that Berkley Herseth Sandlin Murphy, Patrick corded vote. the noes appeared to have it. Berman Higgins Murtha A recorded vote was ordered. Mr. ENGLISH of Pennsylvania. Mr. Berry Hinchey Nadler Bishop (GA) Hinojosa Napolitano The SPEAKER pro tempore. This Speaker, on that I demand the yeas Bishop (NY) Hirono Neal (MA) will be a 5-minute vote. and nays. Blumenauer Hodes Oberstar The vote was taken by electronic de- The yeas and nays were ordered. Boren Holden Obey vice, and there were—ayes 385, noes 23, Boswell Holt Olver The SPEAKER pro tempore. Pursu- Boucher Honda Pallone not voting 24, as follows: ant to clause 9 of rule XX, the Chair Boyd (FL) Hooley Pascrell [Roll No. 301] Boyda (KS) Hoyer Pastor will reduce to 5 minutes the minimum AYES—385 time for any electronic vote on the Braley (IA) Inslee Payne Brown, Corrine Israel Perlmutter Abercrombie Braley (IA) Davis (KY) question of passage. Capps Jackson (IL) Peterson (MN) Ackerman Brown (SC) Davis, David The vote was taken by electronic de- Capuano Jackson-Lee Pomeroy Aderholt Brown, Corrine Davis, Lincoln vice, and there were—yeas 190, nays Cardoza (TX) Price (NC) Alexander Brown-Waite, Davis, Tom Carnahan Jefferson Rahall Allen Ginny Deal (GA) 216, not voting 26, as follows: Carney Johnson (GA) Rangel Altmire Buchanan DeFazio [Roll No. 300] Castor Jones (OH) Reyes Andrews Burgess DeGette Chandler Kagen Rodriguez Arcuri Buyer Delahunt YEAS—190 Clarke Kanjorski Ross Baca Calvert DeLauro Aderholt Capito Frelinghuysen Clay Kaptur Roybal-Allard Bachmann Camp (MI) Dent Akin Carter Gallegly Cleaver Kennedy Ruppersberger Bachus Cannon Diaz-Balart, L. Alexander Castle Garrett (NJ) Clyburn Kildee Rush Baird Capito Diaz-Balart, M. Bachmann Chabot Gerlach Cohen Kilpatrick Ryan (OH) Baker Capps Dicks Bachus Coble Gilchrest Conyers Kind Salazar Baldwin Capuano Dingell Baker Cole (OK) Gillmor Cooper Klein (FL) Sa´ nchez, Linda Barrow Cardoza Doggett Barrett (SC) Conaway Gohmert Costello Kucinich T. Bartlett (MD) Carnahan Donnelly Bartlett (MD) Crenshaw Goode Courtney Langevin Sanchez, Loretta Barton (TX) Carney Doolittle Barton (TX) Culberson Goodlatte Cramer Lantos Sarbanes Bean Carson Doyle Biggert Davis (KY) Granger Crowley Larsen (WA) Schakowsky Becerra Castle Drake Bilbray Davis, David Hall (TX) Cuellar Larson (CT) Schiff Berkley Castor Dreier Bilirakis Davis, Tom Hastings (WA) Cummings Lee Schwartz Berman Chabot Edwards Bishop (UT) Deal (GA) Hayes Davis (AL) Levin Scott (GA) Berry Chandler Ehlers Blackburn Dent Heller Davis (CA) Lewis (GA) Scott (VA) Biggert Clarke Ellison Blunt Diaz-Balart, L. Hensarling Davis (IL) Lipinski Serrano Bilbray Clay Ellsworth Boehner Diaz-Balart, M. Herger Davis, Lincoln Loebsack Sestak Bilirakis Cleaver Emanuel Bonner Donnelly Hill DeFazio Lofgren, Zoe Shea-Porter Bishop (GA) Clyburn Emerson Bono Doolittle Hobson DeGette Lowey Sherman Bishop (NY) Cohen Eshoo Boozman Drake Hoekstra Delahunt Lynch Sires Bishop (UT) Cole (OK) Etheridge Boustany Dreier Hulshof DeLauro Mahoney (FL) Skelton Blackburn Conaway Everett Brady (TX) Duncan Inglis (SC) Dicks Maloney (NY) Slaughter Blumenauer Conyers Fallin Brown (SC) Ellsworth Issa Dingell Markey Smith (WA) Blunt Cooper Farr Brown-Waite, Emerson Johnson (IL) Doggett Marshall Snyder Boehner Costello Feeney Ginny English (PA) Johnson, Sam Doyle Matheson Solis Bonner Courtney Ferguson Buchanan Everett Jones (NC) Edwards Matsui Space Bono Cramer Filner Burgess Fallin Jordan Ehlers McCarthy (NY) Spratt Boozman Crenshaw Forbes Burton (IN) Feeney Keller Ellison McCollum (MN) Stark Boren Crowley Fortenberry Buyer Ferguson King (IA) Emanuel McDermott Stupak Boswell Cuellar Fossella Calvert Flake King (NY) Eshoo McGovern Sutton Boucher Culberson Frank (MA) Camp (MI) Forbes Kingston Etheridge McIntyre Tauscher Boustany Cummings Frelinghuysen Campbell (CA) Fortenberry Kirk Farr McNerney Thompson (CA) Boyd (FL) Davis (AL) Gallegly Cannon Fossella Kline (MN) Filner McNulty Thompson (MS) Boyda (KS) Davis (CA) Garrett (NJ) Cantor Foxx Knollenberg Frank (MA) Meehan Tierney Brady (TX) Davis (IL) Gerlach

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.081 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4464 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Giffords Lynch Rush NOT VOTING—24 On Tuesday, the House will meet at Gilchrest Mahoney (FL) Ryan (OH) Brady (PA) Hunter Ortiz Gillibrand Maloney (NY) Ryan (WI) 10:30 a.m. for morning hour business Butterfield Jindal Gillmor Manzullo Salazar Paul and noon for legislative business. We Costa Johnson, E. B. Gingrey Marchant Sa´ nchez, Linda Pearce Cubin Lampson will consider additional bills under sus- Gohmert Markey T. Radanovich Davis, Jo Ann McHenry pension of the rules. A complete list of Gonzalez Marshall Sanchez, Loretta Rothman Engel McHugh Goode Matheson Sarbanes Tancredo those bills will be distributed by the Fattah McMorris Goodlatte Matsui Saxton Tanner end of business tomorrow. Graves Rodgers Gordon McCarthy (CA) Schakowsky Hastert Miller (FL) On Wednesday and Thursday, the Granger McCarthy (NY) Schiff House will meet at 10 a.m. On Friday, Green, Al McCaul (TX) Schmidt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Green, Gene McCollum (MN) Schwartz the House will meet at 9 a.m. We ex- Grijalva McCotter Scott (GA) The SPEAKER pro tempore (during pect to consider the fiscal year 2008 in- Gutierrez McCrery Scott (VA) the vote). Members are advised 2 min- telligence authorization bill; the fiscal Hall (NY) McDermott Serrano utes remain in this vote. year 2008 Homeland Security Depart- Hall (TX) McGovern Sessions Hare McIntyre Sestak b 1513 ment authorization bill; H.R. 1873, a Harman McKeon Shays Mr. KING of Iowa changed his vote bill regarding small business con- Hastings (FL) McNerney Shea-Porter from ‘‘aye’’ to ‘‘no.’’ tracting; H.R. 1294, the Thomasina E. Hastings (WA) McNulty Sherman Jordan Indian Tribes of Virginia Rec- Hayes Meehan Shimkus So the bill was passed. Heller Meek (FL) Shuler The result of the vote was announced ognition Act; and a bill to reauthorize Herger Meeks (NY) Shuster as above recorded. the COPS program. Herseth Sandlin Melancon Simpson We are still determining which rules A motion to reconsider was laid on Higgins Mica Sires and bills will be considered on which Hill Michaud Skelton the table. days. Hinchey Miller (MI) Slaughter Stated for: Hinojosa Miller (NC) Smith (NE) Mr. BLUNT. I thank the gentleman Mr. MILLER of Florida. Mr. Speaker, I Hirono Miller, Gary Smith (NJ) for that. I am wondering based on the Hobson Miller, George Smith (TX) missed rollcall vote No. 301 on May 3, 2007. discussion we had and the meeting we Hodes Mitchell Smith (WA) It was a vote on H.R. 1868, the Technology had yesterday, does the gentleman Hoekstra Mollohan Snyder Innovation and Manufacturing Stimulation Act. Holden Moore (KS) Solis have any sense when we may expect to If present, I would have voted rollcall vote Holt Moore (WI) Souder see some action on the war supple- Honda Moran (KS) Space No. 301, ‘‘aye.’’ mental? Hooley Moran (VA) Spratt f Hoyer Murphy (CT) Stark Mr. HOYER. If the gentleman would Hulshof Murphy, Patrick Stearns AUTHORIZING THE CLERK TO yield. Inglis (SC) Murphy, Tim Stupak MAKE CORRECTIONS IN EN- Mr. BLUNT. I yield to the gen- Inslee Murtha Sullivan Israel Musgrave Sutton GROSSMENT OF H.R. 1867, NA- tleman. Issa Myrick Tauscher TIONAL SCIENCE FOUNDATION Mr. HOYER. As you know, Speaker Jackson (IL) Nadler Taylor AUTHORIZATION ACT OF 2007, PELOSI and Leader REID in our meeting Jackson-Lee Napolitano Terry at the White House indicated that it (TX) Neal (MA) Thompson (CA) AND H.R. 1868, TECHNOLOGY IN- Jefferson Neugebauer Thompson (MS) NOVATION AND MANUFAC- was their intent and their objective to Johnson (GA) Nunes Thornberry TURING STIMULATION ACT OF have to the President’s desk before the Johnson (IL) Oberstar Tiahrt 2007 Memorial Day break another bill to Jones (NC) Obey Tiberi fund our troops, and for such other pur- Jones (OH) Olver Tierney Mr. WU. Mr. Speaker, I ask unani- poses as the bill may include. Jordan Pallone Towns mous consent that the Clerk be author- Kagen Pascrell Turner In that context, I am hopeful that we ized to make technical corrections in Kanjorski Pastor Udall (CO) will move a bill through this House no the engrossment of H.R. 1867 and H.R. Kaptur Payne Udall (NM) later than the 15th or 16th of May. In Keller Perlmutter Upton 1868, including corrections in spelling, other words, not next week but the Kennedy Peterson (MN) Van Hollen punctuation, section numbering and Kildee Peterson (PA) Vela´ zquez week after. If we can do it next week, cross-referencing, and the insertion of Kilpatrick Petri Visclosky we would maybe do it; but it is our in- Kind Walberg appropriate headings. Pickering tention to move it before the middle of King (NY) Pitts Walden (OR) The SPEAKER pro tempore. Is there the second week. Kirk Platts Walsh (NY) objection to the request of the gen- Klein (FL) Poe Walz (MN) Mr. BLUNT. Right. And I think to tleman from Oregon? Kline (MN) Pomeroy Wamp meet the objective, which I think is an Knollenberg Porter Wasserman There was no objection. Schultz objective we should do our best to Kucinich Price (GA) f Kuhl (NY) Price (NC) Waters meet, of moving that bill before the LaHood Pryce (OH) Watson b 1515 Memorial Day break and sending it to Langevin Putnam Watt the President’s desk, we almost have to Lantos Rahall Waxman LEGISLATIVE PROGRAM Larsen (WA) Ramstad Weiner have a bill through the House by the Larson (CT) Rangel Welch (VT) (Mr. BLUNT asked and was given time the gentleman has mentioned. Latham Regula Weldon (FL) permission to address the House for 1 Mr. HOYER. If the gentleman would LaTourette Rehberg Weller minute.) yield. Lee Reichert Westmoreland Mr. BLUNT. Mr. Speaker, I yield to Levin Renzi Wexler Mr. BLUNT. I yield to the gen- Lewis (CA) Reyes Whitfield the gentleman from Maryland (Mr. tleman. Lewis (GA) Reynolds Wicker HOYER), the majority leader, for the Mr. HOYER. I think we agree on Lewis (KY) Rodriguez Wilson (NM) purpose of inquiring about next week’s that, and that is certainly our objec- Linder Rogers (AL) Wilson (OH) Lipinski Rogers (KY) Wilson (SC) schedule. tive. LoBiondo Rogers (MI) Wolf Mr. HOYER. I thank my friend for Mr. BLUNT. I hope we can do that. I Loebsack Rohrabacher Woolsey yielding, and respond to him that on believe the quicker we can get House Lofgren, Zoe Ros-Lehtinen Wu Monday, the House will meet at 12:30 Lowey Roskam Wynn action, the better off we will be. Lucas Ross Yarmuth p.m. for morning hour business and 2 On the budget resolution, I would ask Lungren, Daniel Roybal-Allard Young (AK) p.m. for legislative business. We will my friend, I understand there is a tech- E. Ruppersberger Young (FL) consider several bills under suspension nical reason that budget resolution NOES—23 of the rules, and we expect to appoint may have to come before the House conferees on the fiscal year 2008 budget again, and maybe the Rules Committee Akin English (PA) Lamborn resolution. Barrett (SC) Flake Mack is even meeting on that right now. Burton (IN) Foxx Pence Again, Monday night, we intend to Would you explain that to me? Campbell (CA) Franks (AZ) Royce have a motion to go to conference and Mr. HOYER. If the gentleman would Cantor Hensarling Sali appoint conferees, so that Members yield, I am not sure I am accurate be- Carter Johnson, Sam Sensenbrenner know it will be in addition to suspen- cause when you say come before the Coble King (IA) Shadegg Duncan Kingston sion bills. House again, what we will do is take

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MY7.065 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4465 the Senate bill from the desk, sub- workable. That is what we are trying prevented travel on Monday for people stitute the House language, ask for a to achieve. that could have easily gotten here by conference, move to go to conference, Mr. BLUNT. Is it the gentleman’s the time of the Tuesday vote. It is still and then you will have in order your view that bill will go through a com- early in this Congress. I am really not motion to instruct conferees. To that mittee process or will it be coming di- saying that in a way that is critical at extent, the bill will come before us, but rectly to the floor? all, but at the time, we did ask for only to that extent. In other words, the Mr. HOYER. It is my view it will go whatever knowledge the majority had budget that was passed by the House, through a committee process. The Ju- as soon as possible so we wouldn’t run we will take the Senate bill from the diciary Committee is considering it. into exactly the situation we did, peo- floor, substitute the House language. Mr. CONYERS’ committee is considering ple getting here thinking there could The reason we need a rule, frankly, is it. be votes at 12, only to find out we we asked unanimous consent to do that Mr. BLUNT. I thank the gentleman didn’t start any of the work of the procedure, a unanimous consent which for that. House until 12. Whatever it takes to we had given to you in 2003 and 2005. My only other topic, Members, of work more closely on that, I am more For whatever reasons, it was not your course get very sentimental about than happy to try to do so we can get personal determination, but it was the their mothers near Mother’s Day, and information out. But we can’t get it their wives near Mother’s Day. Next determination of your side not to give out unless we have it. Friday, I am hoping we will have an ef- unanimous consent for that purpose. I was disappointed we didn’t get a lit- fort to ensure that Members are home Therefore, in order to effect that objec- tle more notice on the time we were for that weekend, and they are, too. We tive, we need to pass a rule to allow us going to start work on Tuesday, which intend to vote Friday. Does the gen- to do that which is what we will do would have made it clear we would not tleman have a sense yet what the ac- Monday night. be having votes at the time we started. tual Friday schedule might look like in Mr. BLUNT. I would say to the gen- Mr. HOYER. Let me say, I agree with terms of a time away from here on Fri- tleman, there may be a technicality the gentleman. I was not pleased my- day? that neither of us understand; I am self that we did not give more notice to Mr. HOYER. If the gentleman would Members. As you pointed out, we had sure I don’t. But I thought there was a yield, if we have the full cooperation of technical problem with the budget votes very late in the day. all those people who have mothers or I take full responsibility because I passed that made it a different situa- had mothers, we can accomplish that think we may have been able to get, tion than the budgets we had passed in objective. certainly early Tuesday at the latest, the past, and that the clearest way to Having said that, as you know, I an- information to Members. We probably take care of that procedural mistake nounced we have Friday scheduled as a should have done that. was actually to deal with the bill on day for us to do our business. Now if we As you know, the issue was the veto, the floor. were extraordinarily fortunate and got when it was going to go down there and Mr. HOYER. If the gentleman would our business done by Thursday, or when it was going to come back. That yield. frankly could conclude it late Thurs- was not decided until late. Mr. BLUNT. I would. day night, perhaps we would be able to But I think the gentleman’s criticism Mr. HOYER. That is not my under- do that. But I do not anticipate that. I is a constructive criticism, and I take standing. Now the gentleman may have know as many Members on my side of responsibility. We should have done more information than I have, but if the aisle, I want to assure the gen- that, in my opinion. I was not pleased, that is the fact, I don’t have that infor- tleman, have talked to me, as I am frankly, with myself or with the notice mation. At this point in time, I was not sure Members on your side of the aisle our office gave because we do want to aware of any such problem. have talked to you about that, and if give Members as accurate information The only problem I was aware of, as we can accommodate them, we will. as we possibly can. And, frankly, we I informed the gentleman, we can ei- But you heard the schedule. It is a want to give them as timely informa- ther do this by asking for unanimous pretty full schedule with a lot of sub- tion as we can so they can accomplish consent to effect the process of taking stantive legislation. We have the intel- what you have said, make their sched- the Senate bill, substituting the House ligence authorization and other bills. It ules comport with what we are actu- bill, and then requesting the con- is my expectation that we will be in on ally doing. To the extent that did not ference and appointing conferees by Friday. But it is also my intent to happen this time, I will try to prevent unanimous consent. Or, failing to get make every effort to make Friday as it from happening a second time. unanimous consent, we have to do that short a day as we possibly can. As you Mr. BLUNT. Well, I thank my friend by rule. We did not get unanimous con- know, our objective is no later than 2 for the spirit of your response. If there sent. The Rules Committee met today. p.m.; but if we could do earlier, 12:30, is any way we can help you in getting We will consider that rule and the bill before 1, to accommodate Members and that information to Members more itself on Monday late afternoon, early their flights, we certainly would like to quickly, please call on us to do that. evening. do that. I would certainly welcome f Mr. BLUNT. I would also ask the your help in accomplishing that objec- gentleman, and then we go to con- tive. ADJOURNMENT TO MONDAY, ference on the budget after taking Mr. BLUNT. That would be good for MAY 7, 2007 what will be a separate vote on the our Members to get that done. Mr. HOYER. Mr. Speaker, I ask budget? One other thing that I would like to unanimous consent that when the Mr. HOYER. Yes. bring up, and I know how difficult it is House adjourns today, it adjourn to Mr. BLUNT. And all of that would to schedule the floor. Believe me, I meet at 12:30 p.m. on Monday next for happen on Monday? know the concerns and criticisms that morning hour debate. Mr. HOYER. Yes, sir. come from that. The SPEAKER pro tempore (Mr. Mr. BLUNT. I thank the gentleman When we were visiting a week ago, I SARBANES). Is there objection to the re- for clarifying that for me. expressed a specific request that as quest of the gentleman from Maryland? On one other topic that may be com- soon as we had an idea when the votes There was no objection. ing up soon, the whole question of lob- were going to be on Tuesday, we would f bying reform, I have heard that may have more general knowledge of that. also be coming up in the near future. At that time, my good friend thought DISPENSING WITH CALENDAR Do you have a sense when a lobbying we would vote early afternoon on Tues- WEDNESDAY BUSINESS ON reform bill might be scheduled for the day. As it turned out, we didn’t actu- WEDNESDAY NEXT floor? ally start the session until noon on Mr. HOYER. Mr. Speaker, I ask Mr. HOYER. It will not be this com- Tuesday. unanimous consent that the business ing week. That is being worked on. We Mr. HOYER. Right. in order under the Calendar Wednesday want to make sure that it is a bill Mr. BLUNT. That information to our rule be dispensed with on Wednesday which accurately reflects reform and is Members a little earlier would have next.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.088 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4466 CONGRESSIONAL RECORD — HOUSE May 3, 2007 The SPEAKER pro tempore. Is there mittee on Oversight and Government In what should come as no surprise to objection to the request of the gen- Reform. A copy of that bill is posted on Americans, whose own founding gentleman from Maryland? the Web site of the Rules Committee. eration gained their independence from There was no objection. Amendments should be drafted by an imperial power, Estonia relocated f legislative counsel and also should be an aging statue of a Soviet-era soldier reviewed by the Office of the Parlia- from a central location in Tallinn to b 1530 mentarian to be sure that the amend- the city’s Garrison Cemetery. Obsti- HOUR OF MEETING ON THURSDAY, ments comply with the rules of the nately refusing to recognize Estonia’s MAY 10, 2007 House. Members are also strongly en- patent right to do so, or the obvious couraged to submit their amendments irony in the statue’s new location, Rus- Mr. HOYER. Mr. Speaker, I ask to the Congressional Budget Office for sia used this routine act of municipal unanimous consent that when the analysis regarding possible PAYGO administration by the City of Tallinn House adjourns on Wednesday, May 9, violations. to engage in a coordinated attempt to it adjourn to meet at 9 a.m. on Thurs- interfere in Estonia’s internal affairs. f day, May 10. Using state-controlled TV broadcasts The SPEAKER pro tempore (Mr. REPORT ON RESOLUTION PRO- into Estonia, the former Soviet Union SARBANES). Is there objection to the re- VIDING FOR CONSIDERATION OF used its state-controlled television quest of the gentleman from Maryland? S. CON. RES. 21, CONCURRENT broadcasts to spew propaganda into Es- There was no objection. RESOLUTION ON THE BUDGET tonia. This provocative Russian propa- f FOR FISCAL YEAR 2008 ganda falsely claimed Estonia’s relocation of the insulting Soviet statue con- AUTHORIZING THE SPEAKER TO Ms. CASTOR, from the Committee on stituted an international crisis. Russia DECLARE A RECESS ON THURS- Rules, submitted a privileged report did so to agitate and, thereby, incite DAY, MAY 10, 2007, FOR THE PUR- (Rept. No. 110–121) on the resolution (H. the vandalism and violence which oc- POSE OF RECEIVING FORMER Res. 370) providing for consideration of curred in Tallinn from April 26 through MEMBERS OF CONGRESS the Senate concurrent resolution (S. Con. Res. 21) setting forth the congres- 29. Mr. HOYER. Mr. Speaker, I ask Prior to these outbreaks of violence, sional budget for the United States unanimous consent that it may be in Russian embassy officials were ob- Government for fiscal year 2008 and in- order on Thursday, May 10, for the served meeting with the organizers of cluding the appropriate budgetary lev- Speaker to declare a recess subject to radical pro-Russia fringe groups; and, els for fiscal years 2007 and 2009 the call of the Chair for the purpose of while Russian-speaking mobs roamed receiving in this Chamber former Mem- through 2012, which was referred to the Tallinn’s streets, Estonia’s government bers of Congress. House Calendar and ordered to be Web servers came under cyber attack, The SPEAKER pro tempore. Is there printed. the cause of which was later traced to objection to the request of the gen- f IP addresses located in Moscow and tleman from Maryland? SPECIAL ORDERS owned by the Russian presidential ad- There was no objection. ministration. The SPEAKER pro tempore. Under f So, too, there is a new report Russia the Speaker’s announced policy of Jan- has conveniently discovered a need to HOUR OF MEETING ON FRIDAY, uary 18, 2007, and under a previous repair its rail links entering Estonia MAY 11, 2007 order of the House, the following Mem- and, as a result, is suspending oil ship- Mr. HOYER. Mr. Speaker, I ask bers will be recognized for 5 minutes ments to Estonia. unanimous consent that when the each. Further, Russia continues to flout House adjourns on Thursday, May 10, it f the Vienna Convention by allowing adjourn to meet at 9 a.m. on Friday, The SPEAKER pro tempore. Under a Russian nationalist extremists to sur- May 11. previous order of the House, the gen- round and vandalize Estonia’s embassy The SPEAKER pro tempore. Is there tleman from North Carolina (Mr. in Moscow. Mr. Speaker, when one weighs this objection to the request of the gen- JONES) is recognized for 5 minutes. inexcusable incident along with Rus- tleman from Maryland? (Mr. JONES of North Carolina ad- sia’s recent refusal to adhere to the There was no objection. dressed the House. His remarks will appear hereafter in the Extensions of Re- Conventional Forces in Europe treaty, f its recent arrest of Russian democracy marks.) AMENDMENT PROCESS FOR RULES advocates and its refusal to honor past COMMITTEE CONSIDERATION OF f agreements to withdraw its military H.R. 1873, SMALL BUSINESS FAIR- ESTONIA STATUE CRISIS forces from countries such as Moldova, NESS IN CONTRACTING ACT one is compelled to question a former The SPEAKER pro tempore. Under a KGB lieutenant colonel’s commitment (Ms. CASTOR asked and was given previous order of the House, the gen- to democracy; and whether the red permission to address the House for 1 tleman from Michigan (Mr. MCCOTTER) bear is awakening from its hibernation minute.) is recognized for 5 minutes. to once again feast upon the free peo- Ms. CASTOR. Mr. Speaker, the Rules Mr. MCCOTTER. Mr. Speaker, I rise ples of Eastern Europe and the world. Committee is expected to meet the to defend the sovereignty and national Mr. Speaker, I urge my colleagues to week of May 7 to grant a rule which dignity of our friend and ally, Estonia; join in a righteous defense of Estonia’s may structure the amendment process condemn Russia’s unwarranted intru- sovereignty; a condemnation of Rus- for floor consideration of H.R. 1873, the sions against these free people; and af- sia’s belligerent intrusions into this Small Business Fairness in Contracting firm our commitment to America and democratic nation’s internal affairs; Act. Estonia’s common cause of human free- and affirm, in the tradition of Amer- Members who wish to offer an amend- dom. ican Presidents from Harry Truman to ment to this bill should submit 30 cop- After a long, illegal and unjust So- Ronald Reagan, we will stand united ies of the amendment and a brief de- viet occupation, Estonia now rightly against tyranny with our Estonian scription of the amendment to the and proudly stands by our side in the brothers and sisters as one free people. Rules Committee in H–312 in the Cap- ranks of free nations. Nobly and self- f itol no later than 1:30 p.m. on Monday, lessly, Estonia is steadfast in its de- May 7. Members are strongly advised fense of civilization from our barbaric EMERGENCY SUPPLEMENTAL to adhere to the amendment deadline enemies, and has championed the cause FUNDING to ensure the amendments receive con- of human freedom throughout our The SPEAKER pro tempore. Under a sideration. world. Disturbingly, last week, this previous order of the House, the gen- Amendments should be drafted to the free people’s very national sovereignty tleman from Louisiana (Mr. JEFFER- bill as ordered reported by the Com- was threatened. SON) is recognized for 5 minutes.

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.089 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4467 Mr. JEFFERSON. Mr. Speaker, I ap- administrative expenses relating to the nounce the passing of a great Amer- preciate the opportunity to address the SBA disaster loan program, thereby ican, Ira O’Neal, Jr., who happened to House on the still-critical matter to providing a total of $140 million in fis- be my cousin, one of the original the recovery of the gulf coast. cal year 2007 for that account. Tuskegee Airmen recently honored Mr. Speaker, yesterday President The bill would have allowed for the with the Congressional Gold Medal Bush vetoed the emergency supple- forgiveness of community disaster here in the Capitol. mental passed out of this body that loans, following this unprecedented Ira O’Neal was born in Phoenix, Ari- would have not only addressed the on- devastation of our city government. We zona, on June 11, 1918. He was drafted going situation in Iraq, but would have now have about 60 percent of our tax into the 1st Army Corps in 1942, where provided the gulf coast with much- base back in place. The city, however, he served in the 42nd Aviation Squad- needed financial support and relief that has had to borrow $250 million, which ron as a first lieutenant. would have allowed recovery and re- we cannot pay back. This bill would In 1948, President Truman issued his building to continue in a fairer and have permitted forgiveness on those famous executive order that racially more equitable manner. loans as it has for loans in disasters integrated the military. At the same In doing so, he stated, among other prior to ours. things, that the bill contained things, time that Truman issued his order, the With 225,000 of our people not back military was moving from a wartime to he said, ‘‘billions of dollars in non- home, living day-to-day in other emergency spending that has nothing a peacetime footing. As a result of our places, they live in a state of emer- Nation’s reduced force structure, Ira to do with fighting the war on terror.’’ gency every day without our borders In this, I hope he did not contend that was one of the many thousands of sol- and have done so for the last 19 diers who was discharged. the hundreds of thousands of Katrina months. and Rita victims that were hit by the I realize that negotiations have Although Ira had been discharged gulf coast storms in 2005 and whose re- begun on the new spending bill, but it from the military, he was not deterred covery still depends on what we do here is imperative that this portion of the from serving his country. In 1949, Ira to a great extent is not an emergency bill that we are mentioning tonight, was able to reenlist in the U.S. Air issue. that helps our domestic issues related Force. He proudly served his country While the main focus of the spending to Katrina, does not go untouched by until he retired in 1972. bill has been on our troops abroad, the this new negotiation. In fact, it re- After retiring, he started a security bill vetoed yesterday would have done mains untouched and must be included service that contracted with the Wa- so much for the scores of people deal- in the new spending bill that may be tergate apartments. He hired a young ing with the aftermath of the 2005 introduced shortly. man by the name of Wills, who discov- storms 19 months later. Nineteen In vetoing this piece of legislation ered the Watergate break-in. Ira was months after the storms our levees are and proclaiming the gulf coast as a contacted, and his report started the still not fully repaired. $1.3 billion for nonemergency, it is an exercise in un- Watergate episode. ongoing projects to repair levees and reality. It is no time for us to devise an Ira has been a resident of the District other water infrastructure in the New exit strategy at home from the hurri- of Columbia for 56 years and has al- Orleans area was in the vetoed bill. cane victims that are depending on our ways been active in his community. In With the start of the 2007 hurricane government to restore their lives. 2004, he received the Roots in Scouting season less than a month away, levee There must be a clear plan to rebuild Award recognizing a lifetime of work repair is an emergency and urgent here at home. with the Boy Scouts of America. need. The administration labeled the sup- I was honored to be with Ira at the Dillard University, Tulane Univer- plemental unacceptable. Yet, let me re- sity, Southern University and Xavier Bolling Air Force Base Officers’ Club mind the administration that it was on March 28 of this year when Kerwin University were all under water after not an act of God that flooded New Or- the storm. Nineteen months later, Miller, Department of Veterans Affairs, leans. It was the negligence of the presented him with a proclamation de- much of the infrastructure is still un- Corps of Engineers, a Federal agency, done, and many of their professors are claring Tuskegee Airmen Day in Wash- that drowned our city. It, therefore, is ington D.C. still out of town. The emergency spend- the responsibility of the government, ing bill would have provided $30 million since it broke it, to fix it. During the same ceremony, a room for our Education Department to pro- To ignore the ongoing emergency in at the Officers’ Club, the Tuskegee vide assistance to institutions of this our area is unconscionable, and I urge room, was also dedicated. A day later, type and to incentivize the return of this House and all who are watching to I was again honored to share with Ira professionals to their campuses. It insist on the supplemental that we are that proud moment at the rotunda of would have given a similar amount of going to follow with here, that it in- the Capitol when he and the other $30 million for our elementary and sec- clude continued support for the Hurri- Tuskegee Airmen received the Congres- ondary schools to incentivize the re- cane Katrina and Rita victims of our sional Gold Medal, the highest civilian turn of professionals there and to get area. award that Congress bestows. our schools jump-started where half of Mr. Speaker, for his dedicated mili- f them remain shuttered after the storm. tary service, during and after World The SPEAKER pro tempore. Under a The extension of the $500 million so- War II, and for his ongoing public serv- previous order of the House, the gen- cial services block grant was also in ice on behalf of the District of Colum- tleman from Texas (Mr. POE) is recog- the bill. This would have provided crit- bia, I am proud to acknowledge and to nized for 5 minutes. ical funding for social services, includ- salute First Lieutenant Ira O’Neal’s (Mr. POE addressed the House. His ing programs for mental health, child service to his country, his community remarks will appear hereafter in the welfare, and the treatment of addictive and family. Extensions of Remarks.) disorders. Thousands of citizens suf- May God bless him and rest his soul. fering from mental health disorders, f drug and alcohol abuse and addiction, b 1545 f and who need care, have nowhere to go. They make our streets unsafe for IN MEMORY OF TUSKEGEE AIR- The SPEAKER pro tempore (Mr. themselves and for their neighbors. MAN 1ST LT. IRA O’NEAL, JR. SARBANES). Under a previous order of The SBA is charged with the business (RET.) the House, the gentleman from Indiana of helping our economy recover, yet The SPEAKER pro tempore. Under a (Mr. BURTON) is recognized for 5 min- nearly half of our businesses and 40 previous order of the House, the gentle- utes. percent of the tax base of the city is woman from California (Ms. WATSON) is (Mr. BURTON of Indiana addressed still not back. The supplemental would recognized for 5 minutes. the House. His remarks will appear have allowed the SBA to use $25 mil- Ms. WATSON. Mr. Speaker, it is with hereafter in the Extensions of Re- lion in unobligated expenses to cover a heavy heart that I rise today to an- marks.)

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.093 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4468 CONGRESSIONAL RECORD — HOUSE May 3, 2007 IRAQ SUPPLEMENTAL BILL clean bill. Well, I have been elected 25 I reject the way this supplemental The SPEAKER pro tempore. Under a years, and I have never seen a clean has been characterized. If you listen to previous order of the House, the gentle- bill yet. If the President or my Repub- the news media, you would think that woman from Florida (Ms. CORRINE lican colleagues would have done their the nonIraq war items in the supple- BROWN of Florida) is recognized for 5 job 18 months ago, we wouldn’t need to mental were nothing but pork, used to minutes. have these extra funds in the supple- induce Members to vote on this bill. Ms. CORRINE BROWN of Florida. mental bill. It is shameful that the Nothing could be further from the Mr. Speaker, I would like to begin with very people who write the checks and truth. a quote from Coretta Scott King: pay the taxes in our cities are not In addition to giving the President ‘‘Struggle is a never ending process. given the money they deserve. what he asked for, we have made sure Freedom is never really won. You earn I remember the President’s press con- that a number of emergency domestic it and win it every generation.’’ ference in Jefferson Square in New Or- issues are also addressed. That is what I rise today to talk about one of leans and his promise to rebuild. His supplementals are for. But let’s start America’s priorities in the emergency veto showed the American people once with the war, because in addition to supplemental appropriation bill, and again that he has no intention of living fully funding the needs of troops, this that is to fulfill the promise to help re- up to his promise. bill contains $450 million for a very im- build Louisiana and Mississippi from The Democratic majority has done portant and very much needed post- Hurricane Katrina and Hurricane Rita. their job. They passed this bill. Sadly, traumatic stress disorder counseling In August of 2005, the American peo- the residents of Louisiana and Mis- for our men and women when they ple saw something that was hard to be- sissippi will have to keep waiting on come home to help them transition and lieve. They saw a U.S. government that you to remember your promise. The to help them resume normal lives after was incompetent, a government that good citizens of Louisiana and Mis- being immersed in the caldron of war. was inept, and a government that did sissippi demand good government. This We owe it to our soldiers and their not care about its open people. is responding to the caring, and it is families, having borne the bankrupt of Unfortunately, 2 days ago, President also an example of not just talking the this war, to have the help they need Bush vetoed the emergency supple- talk, but walking the walk. when they return. mental bill and showed the American f Traumatic brain injury has been people that things haven’t changed. called the signature wound of this war, ANNOUNCEMENT BY THE SPEAKER After the President vetoed the bill, he especially if so many of our soldiers PRO TEMPORE had the audacity to make the following suffer from it after exposure to bomb statement: ‘‘ . . . the bill is loaded with The SPEAKER pro tempore. Mem- blast and IEDs. This supplemental in- billions of dollars in non-emergency bers are reminded to address their re- cludes $450 million for research into spending that has nothing to do with marks to the Chair. the best treatment and care for those fighting the war on terror. Congress f who have to be hospitalized and reha- should debate these spending measures bilitated because of these injuries. on their own merits—and not as a part The SPEAKER pro tempore. Under a We were all horrified when the prob- of an emergency funding bill for our previous order of the House, the gen- lems at the Walter Reed Medical Cen- troops.’’ tleman from Arizona is recognized for 5 ter and other veterans facilities across Only two other people in the country minutes. the country were exposed; $20 million believe that we are winning the war in (Mr. FRANKS of Arizona addressed is included in the supplemental to ad- Iraq, by the way. That’s President the House. His remarks will appear dress this time-honored facility that is Bush and Vice President CHENEY. The hereafter in the Extensions of Re- the forefront of care for our war- cheese stands alone. The $1.3 billion for marks.) wounded veterans. There is another east and west bank levee protection f $100 million to ensure that our mili- and coastal protection isn’t pork. The THE IRAQ SUPPLEMENTAL tary, National Guard and Reserve $30 million for K–12 education assist- members get timely health care, in- ance has been debated and has been The SPEAKER pro tempore. Under a cluding mental health care. Once deemed essential. previous order of the House, the gentle- The $25 billion for small business dis- woman from the Virgin Islands (Mrs. again, we owe it to them to respond aster loans will help rebuild; the $80 CHRISTENSEN) is recognized for 5 min- with the best possible care that we can million for HUD rental assistance will utes. give. bring people back home; the $4.3 billion Mrs. CHRISTENSEN. Mr. Speaker, I This bill also addresses the shame- for FEMA disaster recovery grants is don’t have a vote in the full House, but fully long lingering needs from one of an emergency for our fellow Americans if I did, I would have voted for the sup- the biggest and most tragic domestic in Louisiana and Mississippi who have plemental and for the override of the crises of our time, when Hurricane been waiting 18 months for you to keep President’s veto. So I am proud that a Katrina devastated the gulf in 2005, your promise to rebuild Louisiana and bipartisan majority voted on my behalf much was promised to those who were Mississippi. and on behalf of the American public, left homeless and uprooted in its wake. Mr. President, you were wrong to who do not support the war in Iraq, do But, unfortunately, until this bill, not veto this bill. I have been to New Orle- not support the surge, and want to see enough has been done. Included in the ans seven times and going back in a clear effort to extricate this country supplemental is $1.3 billion for levee June. Sadly, every time I look there, it from an internal civil war and to bring protection and coastal system restora- look looks like a war zone. It is unbe- our troops home. tion to make them structurally and en- lievable that 18 months have passed It is clear to me that, despite the vironmentally safer so that New and the most basic human needs have glossed over reports, the surge has Orleaneans and other gulf residents can not yet been met; 18 months later, and done nothing but to cause one of the resume their lives. residents are not able to move back. highest casualty rates in the month After Katrina schools were dev- There is still debris everywhere, and that just ended. Although there is no astated. Teachers left. In order for peo- people are without electricity 18 good option, the problems will con- ple to move back home, they need to be months later. The roads are not pass- tinue for some time whether we go or assured that there will be renewed and able, no clean running water, not leave. It is clear that the Iraqis want revitalized schools for their children’s enough schools and teachers; 18 months us out. It is clear that we lose or dis- education. The supplemental provides later and no street signs, toxic fumes able our own soldiers every day, and $30 million for K–12 education to bring in the air and not enough police; 18 that innocent Iraqis are also injured those schools back and for recruitment months later, this is unacceptable. every day that we stay. So the only to bring back teachers and other edu- My colleagues on the other side of moral choice is the one embodied in cational professionals back to the city. the aisle made the statement over and the supplemental and the two votes Some of our universities, like Southern over again about how we should pass a that have been taken. and Dillard, were also damaged by the

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.098 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4469 storm of the century. There is $30 mil- for a peaceful resolution slip through By vetoing this bill, Mr. Speaker, lion requested in that supplemental to their fingers. President Bush vetoed: One, fully fund- assist them. Our best hope for peace in the region, ing our troops, and providing $4 billion The health, housing, small business actually, will have to come through more than the President requested; and community development needs of hard work, through negotiations, honoring our veterans by providing $1.8 the gulf are also finally heard and re- through constant attention. Every day billion more for veterans health care. sponded to this in measure, with a pro- we turn a blind eye to the real situa- Is $900 million for treating traumatic vision for community disaster loan for- tion on the ground in Iraq, more people brain injury pork? Is $20 million to re- giveness to assist local governments in die, more American troops, more Iraqi pair facilities at Walter Reed pork? meeting the needs of their displaced civilians die. I don’t know about any- By vetoing this bill, the President and devastated people. one else, but this is simply unaccept- has vetoed accountability for the Iraqi There is also $4.3 billion of FEMA able to me. Government, and he has vetoed his own disaster recovery grants and a social The American people have said again, benchmarks that he laid out January services block grant extension; $25 mil- and they have said again, that they 10 in his speech to the Nation. Let me lion for small business disaster loans, want our troops out of Iraq. This ad- quote from that speech. and $80 billion for HUD tenant-based ministration must demand that the ‘‘A successful strategy for Iraq goes rental assistance. Iraqi leaders stay in town, stay at the beyond military operations. Ordinary In the area of health care, two great table, and not go on vacation. Iraqi citizens must see that military needs are addressed in this bill with $1 After all, how can we stand down if operations are accompanied by visible billion to purchase vaccines, emer- the Iraqis aren’t there to stand up? improvements in their neighborhoods gency vaccines, that would be needed This is a very serious problem, Mr. and communities. So America will hold to protect this country in the case of a Speaker. How can we have a partner- the Iraqi Government to the bench- global flu pandemic; and another $750 ship with the Iraqi people, as our ad- marks it has announced. million to make sure that the chil- ministration has promised, a partner- ‘‘To establish its authority, the Iraqi dren’s health insurance programs, ship that they say is working to bring Government plans to take responsi- which cover millions of children in 14 peace in Iraq, if half of that partner- bility for security over Iraq’s provinces States and some of the territories, will ship goes on vacation? by November. To give every Iraqi cit- continue uninterrupted. My position has remained the same izen a stake in the country’s economy, These are just some of the important from the very beginning: We need to Iraq will pass legislation to share oil areas funded in this bill, and it’s why it fully fund the withdrawal from Iraq. revenues. must go forward. If we don’t do it in We need to bring our troops and mili- ‘‘To empower local leaders, Iraqis this supplemental, a measure that is tary contractors home. We need to pro- plan to hold provincial elections next reserved for critical issues like these, vide real and reliable health care to year and allow more Iraqis to re-enter it will be difficult, if not impossible, to our returning troops. We need to work their nation’s political light, the gov- get them done at all. with the international community to ernment will reform de-Baathification The American people are looking at provide for a dependable and safe fu- laws and establish a fair process for us and wondering if their priorities are ture for the Iraqi people. considering amendments to Iraq’s Con- our priorities. This legislation dem- The way to bring peace to Iraq is not stitution. America will change our ap- onstrates that we not only know what through building walls around neigh- proach to help the Iraqi government as the priorities are, but that we are borhoods, creating walled-in villages, it works to meet these benchmarks.’’ ready to stand with them and act on breaking up lives and breaking up fam- Mr. Speaker, the supplemental con- the issues they have told us are impor- ilies. The way to bring peace to Iraq is tained these benchmarks directly tant to them. to give sovereignty to the Iraqi people quoted from the President’s speech. So was the President’s call for bench- f and to have a surge of peaceful negotiations. The only way to bring about marks a sincere request or what? The SPEAKER pro tempore. Under a Providing the President with a clean previous order of the House, the gentle- peace is to bring our troops home, to empower the Iraqi people to build a fu- supplemental bill simply provides him woman from Texas (Ms. JACKSON-LEE) ture based on hope and equality. a blank check for the same failed poli- is recognized for 5 minutes. cies in Iraq he has rejected and vetoed, (Ms. JACKSON-LEE of Texas ad- And I ask you, Mr. Speaker, if not now, when? his own benchmarks, as I simply dressed the House. Her remarks will quoted his speech. appear hereafter in the Extensions of f New evidence keeps emerging that Remarks.) b 1600 clearly points to a new direction in f Iraq. Despite the President’s constant THE PRESIDENT CUT FUNDING claims of ‘‘progress,’’ the facts are oth- A BREAK IN THE PURSUIT OF FROM THE TROOPS erwise. The U.S. death toll in Iraq PEACE The SPEAKER pro tempore (Mr. reached 104 in April, making it the The SPEAKER pro tempore. Under a SARBANES). Under a previous order of deadliest month of the year and one of previous order of the House, the gentle- the House, the gentleman from Min- the deadliest of the entire war. woman from California (Ms. WOOLSEY) nesota (Mr. ELLISON) is recognized for 5 Republican Senator CHUCK HAGEL re- is recognized for 5 minutes. minutes. cently returned from Iraq and paints a Ms. WOOLSEY. Mr. Speaker, today Mr. ELLISON. Mr. Speaker, I rise bleak picture. ‘‘This is coming undone the Associated Press reported that in today to express my disappointment quickly, and Prime Minister Maliki’s the middle of the Iraq civil war, their and outrage at President Bush’s veto of government is weaker by the day. The parliament will be taking a 2-month the Iraq War supplemental bill. By police are corrupt, top to bottom. The break starting in July. While our vetoing this bill, the President has ve- oil problem is a huge problem. They troops are dying, while they are being toed the will of the American people, still can’t get anything through par- wounded, while they are trying to pro- and it is the President who is denying liament.’’ That is a quote from some- vide security to the Iraqi people, the funding for our troops. one who just went there, Senator Iraqi leadership is planning to take 2 The President has vetoed a respon- CHUCK HAGEL. months off. sible funding bill for the troops that Over the weekend, the Special In- I hope that this does not mean that would have provided more funding for spector General for Iraq Reconstruc- the Iraqis are giving up on providing a our troops and military readiness than tion released his quarterly report and peaceful resolution to this conflict. If the President requested. The President paints a dispiriting picture of our $20 anything, the parliament should be re- rejected a bill that reflects the will of billion rebuilding efforts. For example, dedicating themselves to providing se- the American people to wind down this an audit of the facilities in Iraq discov- curity and hope to the Iraqi people, not war. The American people sent this ered serious maintenance and oper- taking a break, not letting any hope message very strongly last November. ational problems, with seven out of

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.100 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4470 CONGRESSIONAL RECORD — HOUSE May 3, 2007 eight facilities audited. The report con- Officially, Carriles left the CIA in the round over the treatment of Posada cludes that ‘‘The U.S. project to re- middle of 1976. That is the year that Carriles. Next week it is going to stop build Iraq remains far short of its tar- Luis Carriles was convicted in Ven- on a new direction: H, for hypocrisy. gets, leaving the country plagued by ezuela of masterminding the downing [From the LA Times, Apr. 20, 2007] power outages, inadequate oil produc- of the Cuban airplane. A TERRORIST WALKS: LUIS POSADA CARRILES tion, and shortages of clean water and The administration won’t reveal HAS BOASTED OF BOMBING HAVANA HOTELS, health care.’’ what role Carriles played as a CIA YET AMERICAN JUSTICE LETS HIM GO FREE Mr. Speaker, it is time to hold the agent or what his assignments were. Iraqi Government accountable. This His shadowy connections to the United With a misguided decision upholding bail for Cuban-born terrorist Luis Posada bill’s timetable and benchmarks finally States Government almost certainly Carriles, the U.S. 5th Circuit Court of Ap- hold the Iraqis and the President ac- continued after he and the agency part- peals in New Orleans has done more than countable. As Major General Paul ed ways. The media has reported that free a frail old man facing unremarkable im- Eaton stated, ‘‘This bill gives General Carriles helped funnel U.S. supplies to migration charges. It has exposed Wash- Petraeus leverage for moving the Iraqi the Contra rebels attempting to over- ington to legitimate charges of hypocrisy in Government down a more disciplined throw the Sandinista government in the war on terror. path laid out by the Iraq Study Group. Nicaragua in the 1980s. By allowing Posada to go free before his The real audience for the time-line lan- Carriles himself has personally boast- May 11 trial, the court has released a known guage is Prime Minister al-Maliki.’’ ed of a role in the deadly bombings of flight risk who previously escaped from a hotels in Havana, Cuba, in the 1990s. Venezuelan prison, a man who has boasted of Even Defense Secretary Robert Gates helping set off deadly bombs in Havana ho- has noted that the timetable is helpful And Carriles was also convicted in Pan- tels 10 years ago and the alleged mastermind and sends a message that ‘‘The clock is ama in the year 2000 for a plot to assas- of a 1976 bombing of a Cuban airplane that ticking.’’ Gates said, ‘‘The strong feel- sinate Fidel Castro. He was sentenced killed 73 people. Posada’s employees con- ings expressed by Congress about a to prison, but he was later pardoned fessed to the attack, and declassified FBI timetable probably have had a positive and set free. and CIA documents have shown that he at- impact in terms of communicating to You would think that capturing a tended planning sessions. the Iraqis that this is not an open- man like this would have the adminis- In other words, Posada is the Zacarias ended commitment.’’ That is Secretary tration calling a news conference to de- Moussaoui of Havana and Caracas. Gates. clare their success in the war on terror Moussaoui is serving a life sentence without with a long-sought terrorist in cus- parole in a federal prison in Colorado for This bill represents the views of the conspiracy in the 9/11 attacks; Posada is free American people. The latest CBS News/ tody. Not so. Instead, the administra- to live in Miami. New York Times poll from April 26: 64 tion is busy trying to get a court to bar Posada, a 79–year-old Bay of Pigs veteran percent of Americans favor a timetable him from testifying about what he did who served time in Panama for plotting to that provides a withdrawal of the U.S. for the CIA. Carriles’ lawyers have said kill Fidel Castro, has never been charged troops from Iraqi in 2008. his client will talk about that, and the with crimes of terrorism in U.S. courts. In- Mr. Speaker, it is time for account- assignments during and after his offi- stead, Immigrations and Customs Enforce- ability. The veto was wrong, and we cial employment. One of the CIA direc- ment nabbed him for lying to immigration must stand firm. tors during the time of Carriles’ con- authorities after he sneaked in the country nection to the agency was former in March 2005 and held a news conference an- f nouncing his triumphant return. Both Cus- President George H. W. Bush, the toms and the Justice Department lobbied to THE TERRORIST WE CAUGHT BUT President’s father. WON’T PROSECUTE keep Posada behind bars, but U.S. law en- The American people have a right to forcement has never shown a strong interest The SPEAKER pro tempore. Under a know what really happened in the 1970s in trying him for more serious crimes. In previous order of the House, the gen- and what role, if any, the United turn, Posada’s lawyer has preemptively tleman from Washington (Mr. States played in the deadly games of warned that if charged, his client would like- MCDERMOTT) is recognized for 5 min- Carriles. Was he a rogue agent or was ly reveal extensive collaboration with the utes. he acting on CIA orders? CIA. Mr. MCDERMOTT. Mr. Speaker, next The Cuban Government wants him, The United States keeps 385 suspected ter- week Luis Carriles is scheduled to but we are not talking to Havana as rorists imprisoned in Guantanamo Bay, many in isolation and all without U.S. stand trial for allegedly lying to immi- long as Castro is alive and in power. norms of due process. Yet Posada, a con- gration authorities when he entered Venezuela, which has an 80-year-old fessed terrorist, is sent home with an ankle the United States 2 years ago. extradiction treaty with the United bracelet. Most Americans have probably never States, has repeatedly asked for The United States has not been able to per- heard of Carriles, but everyone should Carriles. But the President isn’t talk- suade any of seven allied nations to accept know the real case against him because ing to Venezuela, either, so those re- Posada. A federal judge has ruled that he it shows the double standard of the quests have been denied. can’t be extradited to Cuba or Venezuela be- Bush administration and its so-called The U.S. Customs and Immigration cause he might be tortured. The best solu- commitment to fight terrorism. Service says Carriles poses a signifi- tion would have been for the court to refuse Carriles is being prosecuted for an cant danger to our Nation, but the U.S. bail until trial while the State Department keeps searching for a third-party country immigration violation in America, but Justice Department just hasn’t acted. that would agree to try him on terrorism he has been convicted in other nations In a recent editorial that I submit for charges. for acts of terrorism, including the printing in the RECORD, the Los Ange- Instead, Castro receives a propaganda vic- downing of a commercial Cuban air- les Times described Luis Posada tory gift, the White House has its moral au- liner over 30 years ago that killed 33 in- Carriles as ‘‘the Zacarias Moussaoui of thority undermined and the victims of nocent people. He is a wanted inter- Havana and Caracas.’’ The Times Carriles’ alleged crimes see justice delayed national fugitive. The Bush adminis- points out that Moussaoui is serving a once more. tration knows this, but instead of turn- life sentence without parole for his role The U.S. government has done many odd ing Carriles over to the sovereign Gov- in the 9/11 attacks, but Carriles was re- things in 46 years of a largely failed Cuba ernments of Cuba or Venezuela, as they leased on bail and is living at home in policy, but letting a notorious terrorist walk have asked, we are going to get him on Miami, with his family, awaiting trial stands among the most perverse yet. an immigration violation. next week. The U.S. is holding a person Why is the Bush administration han- convicted of major terrorist acts in f dling Carilles in this way? Three let- other countries, but he is going to be The SPEAKER pro tempore. Under a ters say it all: CIA. prosecuted for an immigration infrac- previous order of the House, the gen- Carriles was a CIA agent. He was part tion. That is like bringing Osama bin tleman from Maryland (Mr. WYNN) is of the Bay of Pigs debacle, and his Laden in and trying him for a traffic recognized for 5 minutes. fierce opposition to Cuban President ticket. (Mr. WYNN addressed the House. His Fidel Castro has been reported by the The moral compass of the Bush ad- remarks will appear hereafter in the media. ministration is just spinning round and Extensions of Remarks.)

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.103 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4471 IRAQ WAR SUPPLEMENTAL BILL in the same way we treated disasters our caucus, Mrs. SUE MYRICK of North The SPEAKER pro tempore. Under a after 9/11 in New York, the same way Carolina, a former chairman of our previous order of the House, the gen- we treated the earthquakes in Cali- conference, and JOHN SHADEGG of Ari- tleman from South Carolina (Mr. CLY- fornia, the same way we treated the zona, we urged the President of the BURN) is recognized for 5 minutes. Hurricane Andrew down in Florida United States to issue a veto threat of Mr. CLYBURN. Mr. Speaker, I rise some years ago and Hurricane Anika this hate crimes legislation, which he today to speak to the issue of the Iraqi out in Hawaii. In each one of those in- did so earlier today by way of a state- supplemental that we are currently stances, we waived matching requirement of administration policy. about to redo. ments. In this instance, we have not. So let me speak to our concerns As you know, Mr. Speaker, the Presi- And so we want, in this administra- about this bill before I move on to the dent in his regional message indicated tion, to waive those requirements of topic of the Iraq supplemental. Thomas that the bill ‘‘is loaded with billions of the Stafford Act, the matching require- Jefferson said, famously, ‘‘Believing dollars in nonemergency spending that ments, so that we can begin to address with you that religion is a matter has nothing to do with fighting the war these emergencies. which lies solely between man and his on terror.’’ He went on to say that Con- There are other emergencies that we God, that he owes account to none gress should debate these spending plan to address here, and that is the other for his faith or his worship, that measures on their own merits and not Children’s Health Insurance Program. the legislative power of government as a part of an emergency funding bill We think, with 14 States out of money, reach actions only, and not opinions,’’ for our troops. another 3 States expected to be out of Jefferson went on to say, ‘‘I con- Mr. Speaker, for 19 months now, we money by September 1, it is an emer- template with sovereign reverence that have been trying to get this adminis- gency for the children in those 17 the act of the whole American people tration to pay attention to the people States, and I would hope that when we which declared that their legislature on the gulf coast. We have for weeks put the final bill together to send back shall make no law respecting an estab- and months been trying to get the to the President, we will address these lishment of religion or prohibiting the President to support our efforts to emergencies that we have with our peo- free exercise thereof, thus building a make sure that many of the families ple here at home. wall of separation between church and and friends of our troops, who have f state.’’ been affected in Louisiana, Mississippi, Again, Thomas Jefferson, framing, as and even in Florida and Texas by this b 1615 perhaps only he in American history catastrophic event perpetrated by Hur- REPUBLICAN STUDY GROUP could, the issue that grounded conserv- ricanes Katrina, Rita, and Wilma, get ative concern in the hate crimes legis- help. Today, we have not been able to The SPEAKER pro tempore (Mr. lation today, that legislative powers of get the President to support our efforts COHEN). Under the Speaker’s an- government should reach actions only as we have tried to address these emer- nounced policy of January 18, 2007, the and not opinions, and then reflected on gencies. gentleman from Indiana (Mr. PENCE) is that as the core central logic behind And so, Mr. Speaker, since we are recognized for 60 minutes as the des- the first amendment protections of the doing an emergency spending bill, we ignee of the minority leader. freedom of religion. thought it very appropriate for us to do Mr. PENCE. Mr. Speaker, I thank the In the case of the Local Law Enforce- both international and domestic emer- Minority Leader for affording not only ment Hate Crimes Prevention Act, we gencies all in one piece of legislation. myself, but other members of the Re- did not meet that standard today, Mr. Consequently, we have moved in this publican Study Committee, the House Speaker. I believe this legislation was legislation to address issues such as conservative caucus on the Republican bad public policy, and unnecessary, and the East and West Bank Levee Protec- side of the aisle, the opportunity to many House conservatives in the Re- tion and Coastal Restoration System take advantage of these opportunities publican Study Committee agreed. in New Orleans and the surrounding on the House floor periodically in the Violent attacks on people or property parishes by inserting into this legisla- form of a Special Order. are already illegal, regardless of the tion $1.3 billion. We have added another While I come to the floor today with motive behind them. And there is no $30 million for K–12 education recruit- the objective, Mr. Speaker, of address- evidence presented on the floor today ment assistance, another $30 million ing this week’s momentous events con- or before the Judiciary Committee, on for higher education assistance. cerning the President’s second veto in which I serve, that underlying violent I plan to be in Baton Rouge next the history of this administration and crimes at issue are not already being week to address Southern University’s the war supplemental bill, I wanted to fully and aggressively prosecuted in commencement exercises. I would hope also speak about an issue that House the States. Therefore, hate crimes laws that, as I go there, I can carry them conservatives have been heard on and truly serve no practical purpose and in- more than mere promises to get them have been active on in the course of stead serve to penalize people for to feeling, once again, that we in this this week, and it has to do with today’s thoughts, for belief, for opinions. body are paying attention to and re- passage, by a vote of 237–180, of H.R. Now, let’s grant the point. Some sponding to the problems that they are 1592, the Local Law Enforcement Hate thoughts, beliefs and opinions, like rac- suffering, many of them having lost a Crimes Prevention Act. This legisla- ism or sexism are abhorrent, and I dis- full year out of their educational pur- tion passed the House today, but not dain them and condemn them. How- suits. without the strenuous opposition of ever, hate crimes bills, as the one we I would hope that those children in K both the Republican Study Committee, passed today, are broad enough also to through 12 can begin to feel that here and virtually all of its members who include legitimate beliefs, and pro- in this Congress, with this emergency represented a lion’s share of the 180 tecting the rights of freedom and supplemental, that we are going to re- Members who opposed this legislation. speech and religion must be paramount spond to them as well. And to lead is to be misunderstood. in cases like the bill we consider today. And then there is the Community And it is very likely, Mr. Speaker, that The first amendment to the Constitu- Disaster Loan Forgiveness Program. both yourself and maybe others that tion provides that Congress shall make We have put language in this bill to ad- might be looking in would question no law respecting the establishment of dress that issue, $4.3 billion for FEMA why anyone would oppose hate crimes religion or prohibiting the free exercise disaster recovery grants. These State legislation. And I thought I might, be- thereof. and local grants will be waived, mean- fore I move on to the attendant topic Now, America was founded on the no- ing that the Federal Government will of the day, address the concerns that tion that the government should not be able to finance 100 percent of the House conservatives had with this leg- interfere with the religious practices of grants. islation and why, last night, with the its citizens. Constitutional protections We have been trying for a long time leadership of our caucus chairman, JEB for the free exercise of religion are at now to get this administration to treat HENSARLING of Texas, and with the sup- the very core of the American experi- the victims of Katrina, Rita and Wilma port of myself as a former chairman of ment in democracy.

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.106 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4472 CONGRESSIONAL RECORD — HOUSE May 3, 2007 But what does that have to do with even as an addendum to or uninten- Prayer, we ought to take a stand for the hate crimes bill? Well, there is a tionally as a result of the aiding and the right of every American to believe real possibility that this bill, as writ- abetting clause of current law. and speak and pray in accordance with ten, religious leaders or members of re- Mr. Speaker, House conservatives the dictates of their conscience, that ligious groups could be prosecuted rose, as one man and one woman today, we ought to take a stand for religious criminally, based on their speech and in opposition to this legislation. But it freedom and the first amendment in protected activities under conspiracy did pass. Again, Congress today adopt- opposing the Local Law Enforcement law or section 2 of title XVIII, which ed legislation, 237–180, but not without Hate Crimes Prevention Act. holds criminally liable anyone who a fight. And with that let me yield to the aids, abets, counsels, commands or in- Members of the Republican Study planned topic of the day, and I may duces or procures its commission, or Committee came together late last well be joined by colleagues on the at- one who willfully causes an act to be night, called on President George W. tendant question that has been the pre- done by another. Bush to veto this legislation should it occupation of much of official Wash- In the debate in the Judiciary Com- reach his desk. And as I mentioned ear- ington, much of the national media, mittee, much was made of the fact that lier today, the administration, in no and, understandably, much of the there was an amendment adopted by small measure, due to House conserv- American people over the last week. It my friend and colleague, Mr. DAVIS of atives and the leadership of the Repub- has to do, of course, Mr. Speaker, with Alabama. But that amendment did not lican Study Committee, the adminis- the President’s decision to exercise his go far enough in making it clear that tration issued a veto threat pertaining authority in the executive branch this bill would not limit religious free- to the Law Enforcement Hate Crimes under the Constitution to veto legisla- dom. The sponsor of the amendment Prevention Act of 2007. They did so as tion delivered to him by the Congress even admitted in open markup testi- House conservatives did, out of a belief of the United States. This was, in fact, mony before the committee, that a pas- that this bill threatens religious free- the President’s second veto. And to- tor could, theoretically, still be tar- dom by criminalizing ultimately reli- day’s Republican Study Committee geted under the bill for incitement of gious thought. leadership hour was organized to speak violence for simply preaching his reli- And I must say before I move to my to the issue of Iraq and specifically the gious beliefs having to do with moral next topic, it was particularly grievous Iraq supplemental. issues related to life or family or sex- to many of us that the Democrat ma- It was, as I said, a momentous week. ual preference. jority in Congress chose the National We began with the delivery to the For example, if a pastor included a Day of Prayer to bring this bill to the President of the U.S. Troop Readiness, statement in a sermon that sexual re- floor; a bill that intentionally or unin- Veterans’ Care, Katrina Recovery, and lations outside of marriage are morally tentionally, could put in jeopardy the Iraq Accountability Appropriations wrong, and even quoted the Bible to very religious expression that was Act on May 1. The President very make that point, and then a member of being celebrated at tens of thousands promptly addressed the Nation at the perverse intention in that congregation of locations across the United States dinner hour and announced his inten- caused bodily injury to a person having today. tions to veto the legislation, just his such relations, that sermon could be I, myself, began my day in the east second veto in the history of the 43rd used as evidence against that pastor. room of the White House with the President of the United States. Now, the real world effect of this, in President of the United States and reli- The President made his objections addition to the possibility of prosecu- gious leaders representing every faith clear, that, in effect, he vetoed this leg- tion, is the much greater and geo- in America to initiate and kick off this islation because he believed, as I do, as metric possibility of a chilling effect. National Day of Prayer in, I believe, its House conservatives do, that the legis- Putting a chill on pastors’ words or re- 56th consecutive year. lation was constitutionally flawed and ligious broadcasters’ programming or In the ceremonies that took place fiscally irresponsible. an evangelical leader’s message, or here just off the Capitol, across the The President made reference specifi- even the leader of a small group Bible street in the Cannon Office Building, I cally to the arbitrary date for begin- study is quite simply a blatant attack learned that due to the leadership of ning withdrawal of American troops on the constitutionally guaranteed Shirley Dobson and the organizers of without regard to conditions on the right to freedom of religion. the National Day of Prayer, by their ground. He spoke of the effort by Con- Now, last week, when the Judiciary estimates, there were some 50,000 gress, his words now, ‘‘to micromanage Committee took up the bill, I offered venues in the United States of America the commanders in the field by re- an amendment in good faith to make it where people were coming together, stricting their ability to direct the clear, crystal clear, that this bill would Mr. Speaker, not for politics, not for fight in Iraq.’’ And he also mentioned not affect the constitutional right to the purpose of political demonstra- that this legislation ‘‘contained bil- freedom of religion. The Pence amend- tions, not to support one party over an- lions of dollars of spending and other ment stated plainly, ‘‘Nothing in this other, but as happened in Anderson, In- provisions completely unrelated to the section limits the religious freedom of diana today at City Hall, for the pur- war.’’ any person or group under the Con- pose of coming together in prayer, be- The President spoke of the precipi- stitution.’’ Unfortunately, the Pence lieving that the effective and fervent tous withdrawal from Iraq not being a amendment was defeated and rejected prayers of a righteous Nation availeth plan for peace in the region. The man- by the majority of the Judiciary Com- much, believing that our prayers reach dated withdrawal in the legislation, he mittee. heaven and the throne of grace as argued, would actually embolden our Yesterday, I took another bite at the Americans, by the millions, have be- enemies and it could lead to a safe apple. I submitted the Pence religious lieved from the very inception of our haven for terrorism in Iraq. freedom amendment to the Rules Com- Nation. The President probably focused most mittee for consideration. But, again, of his objections in his message to the that committee chose to adopt a closed b 1630 Nation on the micromanagement of the rule, effectively blocking my amend- And again I say I don’t believe it was war by Congress. I have said many ment and many other good amend- intentional. I would not ascribe this to times on this floor, as many House con- ments offered for consideration. the Democrat majority. But it was servatives have, under the Constitution Now, I would say very emphatically, grievous, I can say, to many of us that of the United States, Congress can de- we must guard against the potential this legislation, which we believe in clare war. Congress can choose to fund for abuse of hate crimes laws. And very our hearts threaten the very fabric of or not to fund military operations. But humbly put, the Pence amendment the first amendment, freedom of reli- Congress may not conduct war. And in would have done so by stating once and gion, was scheduled to come to the the President’s veto message to the Na- for all that people and groups will not floor on the National Day of Prayer. tion, it was precisely that effort by have their constitutionally guaranteed On the floor today, I closed with the Congress, that constitutional over- right to religious freedom taken away, thought that on this National Day of reach, in his words, to ‘‘micromanage’’

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.107 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4473 this war in Iraq that he found most un- that are ‘‘unrelated to the war,’’ are We met with General David Petraeus acceptable. The President would say not an emergency and are not justified and learned a great deal about the be- the legislation is unconstitutional ‘‘be- was altogether appropriate, in our ginnings of modest progress on the cause it purports to direct the conduct judgment. The President said emphati- ground in Iraq. And so I would posit at of the operations of the war in a way cally that ‘‘Congress should not use an the beginning of the balance of my that infringes upon the powers vested emergency war supplemental to add time to suggest that the President was in the Presidency by the Constitution, billions in spending to avoid its own right to veto this legislation because it including as commander in chief of the rules for budget discipline and the nor- was constitutionally flawed. The Presi- Armed Forces.’’ mal budget process,’’ and House con- dent was right to veto this legislation In a very real sense this is an issue, servatives agreed. because it was fiscally irresponsible. Mr. Speaker, that the Founders of this We were pleased to see the President But I also believe the President was Nation thought about, I would argue, veto this legislation, because House right to veto this legislation and Con- more deeply than maybe any other conservatives and the Republican gress would be right to find a way to issue in that balmy summer of 1787. It Study Committee and, for that matter, deliver these funds to our troops be- was the debate over whether or not we virtually all House Republicans because we are beginning to see evidence want a unified chain of command in lieved the bill, as the President found that the surge, that our new strategy, the commander in chief, centered in it, was constitutionally flawed and fis- that our new diplomatic initiatives in the Presidency, or whether we wanted cally irresponsible. We would vote in a the region are just beginning to take to risk creating the possibility or the matter of a few legislative hours later hold; and now is not the time for us to prospect of what our Founders would to sustain the President’s veto and fa- reverse course and to embrace the ob- call ‘‘war by committee.’’ cilitate a meeting that took place just jective of those who would say the Now, this notion of war by com- yesterday, I believe, Mr. Speaker, be- American people, whatever the cir- mittee was actually something our tween the leaders of the House and cumstances on the ground in Iraq, ap- Founders were fairly familiar with. A Senate in Congress and the President. parently, want us to end the war. In my district I would say with con- very cursory study of the early months And it seems to me that it was a pivot fidence, the constituents of eastern In- of the Revolutionary War, from the point in the debate, and I want to shift diana want our troops to come home, signing of the Declaration of Independ- some of this conversation today to the but they want us to win and come ence in 1776, all the way until that same kind of pivot point. home, and more importantly, they famed Christmas Day, 1776, is a classic While, frankly, Democrat leaders want freedom to win in Iraq and then case of an American military that is emerged from the West Wing speaking bring our soldiers home. being beaten back, chased out of New very little about compromise and it And let me say that despite a recent York, chased across the Hudson River, seems like the rhetoric of the Senate wave of insurgent bombing, this war in chased all the way across New Jersey, majority leader as well as the Speaker Iraq is not lost. In fact, because of the and was facing great peril by the time of the House centered around the President’s surge, because of the brave they reached the Delaware. And many phrase ‘‘end the war,’’ that their objec- conduct of U.S. and Iraqi forces on the would observe, in the years that fol- tive remained to be end the war, it ground in Baghdad, we are beginning to lowed the war during the period of the would be President Bush in the Cabinet see the evidence of modest progress in formation of our constitutional govern- room who struck a more conciliatory Iraq. Let me say emphatically Baghdad ment, that it was precisely war by tone. And I commend him for it. is not safe, but it is safer because of committee that put our Nation in its The President said, and I am quoting the presence of more than two dozen nascent days most at risk. now, ‘‘Yesterday was a day that high- U.S. and Iraqi joint operating centers History records that every night lighted differences. Today is a day that are now spread throughout the General Washington would spend a where we can work together to find capital city of Baghdad. great deal of his time in his tent in the common ground.’’ And I believe House I had the opportunity, Mr. Speaker, midst of the war, writing back to Con- Republicans would share the Presi- of visiting one of these joint operating gress, handing letters to couriers to dent’s sentiment that we can and centers across the river from the Green send messages to the Congress to gain should move forward to find common Zone right in the heart of downtown specific permission for military oper- ground; not to compromise on those Baghdad. These facilities represent a ations and appropriations and the con- principles of constitutionality and fis- sea change in the strategy of U.S. and duct of the war. And the Congress was cal discipline that the President ar- Iraqi forces in the capital city of Bagh- very busy engaging in what our Found- ticulated and we fully support, but to dad. The very essence of the surge, first ers came contemptuously to refer to as look for ways that we can ensure that recommended, of course, by the Iraq ‘‘war by committee.’’ these resources reach our troops in a Study Group on page 72 of the publica- When the Constitutional Convention timely way without strings attached tion that is available for most Ameri- came around in 1787, it would be pre- and without fiscally irresponsible cans, the very centerpiece of this surge cisely that same generation of Ameri- spending. And to that end, we will was not that we could deal with the in- cans that would say ‘‘no,’’ we want a work and labor in the days ahead. stability in Iraq strictly with a mili- unified chain of command, we want to My personal hope and ambition, Mr. tary solution but, rather, as the Iraq vest in the President of the United Speaker, is that before we return home Study Group recommended and the States the ability to conduct war as for Memorial Day, before we return President ultimately embraced, that the commander in chief. home to that day where we remember we could increase forces in the city of And I think singularly the Presi- those who did not come home, that we Baghdad temporarily to quell violence dent’s objection is grounded there, would be able to speed the resources to in Baghdad, to create a sufficient level with the slight addition of some more our soldiers in the field in Afghanistan of stability in the capital city to allow than $10 billion in additional spending and Iraq without unconstitutional the political process of reconciliation, that has nothing whatsoever to do with strings and without additional and unde-Baathification, and oil agreement the conduct of the war in Afghanistan, necessary spending. and the diplomatic process in the re- Iraq, or, to that end, the conduct of the But there is one other reason why I gion to take hold. That is the essence War on Terror. believe it is imperative that we provide of the surge. House conservatives in the past have these resources to our troops in the Now, to make that possible, as Gen- opposed war supplementals on the field, and it has not been highlighted as eral Petraeus described to me walking grounds that war spending bills ought much I believe as it should, but it has down the streets in Baghdad, our strat- to be about war spending and emer- been a point that I have felt a burden egy now is different from the strategy gency war spending bills ought to be about ever since my return from Iraq we have employed the last 3 years. In about emergency war spending. And just shortly 1 month ago. I began the Baghdad, rather than sending our the addition of funding, which the month of April in a delegation that troops out on patrols, confronting the President described as ‘‘billions of dol- took me literally into the heart of enemy, and returning to our base in- lars of spending and other provisions’’ Baghdad and to Ramadi and to Tikrit. stallations, now we move into areas

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.109 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4474 CONGRESSIONAL RECORD — HOUSE May 3, 2007 with sufficient forces to clear areas, to those who did not live in the highly The rubble of war shown along hold areas by establishing joint oper- fortified Green Zone in downtown streets and torn asunder buildings, but ating centers where U.S. and Iraqi Baghdad lived in upscale Sunni neigh- there walking on the street were people forces live together, and then investing borhoods in Ramadi. and couples and children. And I caught the resources to build up those areas And so one can imagine that al Qaeda sight of people on bicycles. When I was and add further security. and the insurgency, in efforts to resist in Ramadi, we were presented with in- As I said, Baghdad is not safe, and it the al Maliki government, their vio- formation of areas that had been pro- was not safe the day we were there. But lence would be centered on the streets tected from suicide bombs and car it is safer because American and U.S. of Ramadi. And that has absolutely bombs, where soccer fields had opened forces are beginning to move into these been true until very recently. back up. Children were returning to areas, again, more than two dozen of Things have changed in al Anbar the streets. these joint operating centers. Once province and Ramadi. Even The New Al Anbar province is changing. Is it areas have been cleared in house-to- York Times, perhaps one of the safe? No. But is it improving? Yes. And house searches, clearing out weapons harshest critics of the war in Iraq, I the truth is that the progress that caches, arresting and confronting dan- think it was Sunday morning, this last we’re making on the ground in Bagh- gerous insurgents and al Qaeda, then weekend, depicted a huge front page dad, the modest progress demonstrated U.S./Iraqi forces move into those joint story about the change in al Anbar in the reduction of sectarian violence operating centers and live there and province. And I would like to say, and in the capital city, and what appears to patrol those areas 24/7. U.S. forces ac- I will say that the presence of U.S. Ma- be the beginnings of a sea change in tually stay at the joint operating cen- rines, under the command of General the entire western half of Iraq, includ- ters, bunking in with Iraqi forces. Odierno on the ground in Ramadi, have ing in what was a war-torn city of One of the more moving moments for played a vital role in the precipitous Ramadi, give me hope. In fact, I char- me on our tour of Baghdad 1 month ago decline of al Qaeda and insurgent vio- acterized in an editorial in USA Today was walking into the bunkhouse with lence in Ramadi and in al Anbar prov- that what we saw a month ago in Bagh- both U.S. and Iraqi military on either ince. But General Odierno and the oth- dad could be evidence of just the side of us and then being told by U.S. ers would be quick to say that the real sprouting of a springtime of hope in commanders on the ground that they difference that has been made has been Iraq. had offered the Iraqis, out of sensi- because the Sunnis themselves, Iraqi Let me say with confidence, Mr. tivity to their different religious tradi- tribal leaders, 20 out of the 22 tribes Speaker, I know there is great frustra- tions and observances, to build sepa- have stepped forward now and initiated tion in this Congress and there are pro- rate sleeping quarters for the U.S. what has been called the ‘‘Iraq Awak- found visions in this Congress over the forces and the Iraqi forces. ening Movement.’’ role of this institution in developing During my trip to Ramadi just one policy in Iraq, and we will continue to b 1645 month ago, I had the privilege of meet- have those arguments. But I would And it was the Iraqi forces that said ing with Sheik Sattar, a compelling defy anyone to prove to me that there absolutely not, that now you’ve got and impressive man. His father was is one single Member of Congress who bunkhouses, which are really pretty in- killed by al Qaeda in Ramadi. His two would like to see freedom lose in Iraq. formal, just bunk beds kind of slapped brothers were killed by al Qaeda in I don’t accept that. together in wood frames the way you Ramadi. And Sheik Sattar, who pre- Some may have come to the conclu- would see at almost any military in- sumably had had very little interest in sion that freedom has lost and it can’t stallation. And U.S. and Iraqi forces becoming involved in the new govern- be saved. I disagree with that. I don’t are bunking in together. They are de- ment in Baghdad, Sunnis, if you will believe freedom is lost. I don’t believe ploying together. And the result of recall, had largely not participated in the war is lost. But I believe in their that is that sectarian violence in Bagh- the national referendums and elections heart of hearts, even the most hard- dad has been reduced in some neighbor- that have taken place, it would be over opponent of continued U.S. in- hoods of Baghdad by a very significant Sheik Sattar who would go to the Ma- volvement in Iraq who serves in this amount. rine Corps base several months ago in Chamber does not want to see freedom Again, let me say again, because I Ramadi and say, I’m done with al lose. have demonstrated in the past the ca- Qaeda and I’m done with the insur- So I come to the floor today on be- pacity to be misunderstood; Baghdad is gency, how can I help. half of the Republican Study Com- not safe, but it is safer, I believe, be- And Sheik Sattar has now organized mittee, on behalf of my own franchise cause of the surge of U.S. forces into this Iraq Awakening Movement. To be in Congress, to essentially just suggest the neighborhoods of the capital city specific, 22 of the 24 Ramadi area tribes that there are many good reasons why and the establishment of more than are now cooperating with coalition the President vetoed the war supple- two dozen joint operating centers forces, U.S. and Iraqi forces. And the mental this week. Number one, it’s where U.S. and Iraqi forces are working decline in violence in Ramadi is that constitutionally flawed. It’s simply together to confront al Qaeda and in- U.S. troops have established four bases, wrong for Congress to place arbitrary surgents and to quell violence in the along with 40 joint security stations timelines for withdrawal, to tie the capital city. and observation posts throughout the hands of commanders on the ground, to There has also been another signifi- city of Ramadi where they work and engage in the kind of micromanage- cant development that argues against deploy and live alongside Iraqi soldiers. ment that is beyond the purview of the reversing course, or to borrow the There are also 23 police stations in the Constitution of the United States. Con- phrase of some leaders in the majority, city and in the surrounding area, as gress can declare war; Congress can ‘‘just ending the war’’ at this point, has been reported in the media in re- choose to fund or not to fund war; but and that is specifically in western Iraq, cent days. Congress cannot conduct war. And that what is known as the al Anbar prov- Al Anbar province is not safe, but was reason enough for the President of ince, which is known as Ramadi. significant progress is occurring be- the United States to veto this bill. Now, I stood at the grave site of an cause the tribal sheiks have begun co- The bill was also fiscally irrespon- Indiana soldier; I stood and prayed operating with American and Iraqi sible. We ought to ensure that war with his parents. He fell on the streets forces to fight al Qaeda, providing in- spending bills pertain exclusively to in combat in Ramadi some 2 years ago. telligence. And we are beginning to see war spending. And particularly emer- It’s extraordinary the difficulty U.S. a significant shift in al Anbar province. gency war spending bills ought to be forces have faced. The Marines have And I cite no further than the front emergency war spending and not do- been in Ramadi for a number of years. page of The New York Times that actu- mestic projects that should be dealt It has been one of the most deeply com- ally had what I found to be a deeply with in the regular budget process. promised cities in Iraq. Ramadi is, in moving photograph above the fold that The third thought I had today was effect, the upscale Sunni city in Iraq. showed a city where there has been war simply to say that we ought to now During the era of Saddam Hussein, for some time. find a way to come together, without

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.110 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4475 compromising core principles on either to be beginning to take hold in Bagh- thank you, Mr. Speaker, and I thank side of the aisle, we ought to find a way dad, will ultimately succeed. But it the Republican leadership for yielding to come together to get our troops the seems to me the fact that, despite the us this hour. resources they need to get the job recent wave of insurgent bombings, or f done, because the unspoken fact this the fact that sectarian violence is down week, in the midst of a lot of political in Baghdad, the fact that Ramadi and WORLD PRESS FREEDOM DAY conflagration and argument, is the fact al Anbar province appears, because of The SPEAKER pro tempore (Mr. that, as General David Petraeus told us Sunni Iraqi leadership and U.S. and COHEN). Under the Speaker’s an- here on Capitol Hill last week, there is Iraqi forces, al Anbar province appears nounced policy of January 18, 2007, the evidence that the surge, and there is to be taking a turn for the better, how- gentleman from California (Mr. SCHIFF) evidence that because of Sunni leader- ever modest, that that argues for us is recognized for 60 minutes as the des- ship, tribal leadership in al Anbar prov- finding a way forward, finding common ignee of the majority leader. ince in Ramadi, there is evidence that ground where we can give our soldiers Mr. SCHIFF. Mr. Speaker, today is Iraq is beginning to make modest the resources they need. Because in World Press Freedom Day, a day that progress toward exactly the kind of Baghdad, despite the recent bombings, the international community has set stability that will make possible the sectarian violence is down. aside to honor the work and sacrifice of political progress and the diplomatic Baghdad is not safe, but it is safer be- journalists around the world. progress that are the real long-term cause of the presence of more than two World Press Freedom Day was first answer here. dozen U.S. and Iraqi joint operating designated by the United Nations Edu- Let me emphasize that point one centers in that capital city, more than cational, Scientific, and Cultural Orga- more time. I don’t think there is a 40 joint operating centers now spread nization in 1991 as an occasion to pay military solution in Iraq; we simply throughout Ramadi, and the fact that tribute to journalists and to reflect cannot surge troops to the four corners in al Anbar province, more than 20 upon the role of the media in general in of Iraq. That is not the President’s Sunni sheiks across the region have advancing fundamental human rights plan. It would not be workable in any united together to oppose insurgency as codified in international law, re- event. I believe the President’s plan is and al Qaeda. gional conventions and national con- sound, to surge troops into the capital b 1700 stitutions. city to quell violence sufficient to give The Universal Declaration of Human This war is not lost. Congress should the al Maliki government in Baghdad Rights, which is the foundation of the find the common ground necessary to the credibility to move a de- postwar human rights movement, give our soldiers the resources they Ba’athification agreement, to move an states the principle broadly in article need to get the job done, to stand up agreement for sharing the revenues of 19. ‘‘Everyone has the right to freedom this government, to ensure this new de- oil proceeds with all of the people in of opinion and expression. This right mocracy in Iraq can defend itself, and Iraq on an equitable basis, to move new includes freedom to hold opinions with- then lay the framework for us to come provincial elections, including in al out interference and to seek, receive home. Anbar province, where many of the Mr. Speaker, I thank you for this and impart information and ideas Sunni leaders that we met with had ex- time. It is my fondest hope that what through any media and regardless of pressed an interest in participating in the President called us to in his re- frontiers.’’ It may not be as eloquent as provincial elections, should they be marks from the Cabinet room this our first amendment, but its effect is scheduled in the next month or two. week will characterize much of the de- the same. But it is that kind of political process bate between now and Memorial Day, For Americans, this day should spur that will encourage ownership by and I want to quote his words again. us to consider the role that journalists Iraqis in this new constitutional repub- The President, in thanking the leaders play in our society and to ponder what lic that will be the real victory for for coming down, said, ‘‘Yesterday was our Nation would be like if this corner- freedom. a day that highlighted differences. stone of our liberty were to be cur- As the President said this week, we Today,’’ he said, ‘‘is the day when we tailed. cannot define success in Iraq as the ab- can work together to find common Although most Americans take the sence of violence. The day that freedom ground.’’ But he also added, ‘‘It is very concept of a free press for granted, I be- wins, whatever that day would be, the important we do this as quickly as we lieve that an unfettered press is vital day that we can know with a moral possibly can.’’ And he expressed con- to America’s national security and to certitude that this new democratically fidence that we can reach agreement. our democracy here at home. elected government in Iraq is able to I will close with that, Mr. Speaker. I A year ago today, my colleague from defend itself, able to defend its people, truly believe in all my heart that it is Indiana, Mr. Spence, and Senators the day we have the moral certitude possible for a majority of this Congress CHRIS DODD and RICHARD LUGAR joined that they can do that and we can begin to come together in a manner that we me in launching a new bipartisan, bi- then to come home in good conscience, can deliver to our soldiers the re- cameral caucus aimed at advancing there will likely be insurgent and al sources that they need within a con- press freedom around the world. The Qaeda violence taking place somewhere stitutional framework that doesn’t in- Congressional Caucus for Freedom of in Iraq. Therefore, we cannot define trude on the President’s role as com- the Press creates a forum where the victory as the absence of violence, but mander in chief, in a way that reflects United States Congress can work to we can define victory as the presence of fiscal discipline and in a way, also, combat and condemn media censorship a stable democratic, constitutional re- that continues to provide the resources and the persecution of journalists public that can defend itself. And that, that if, in fact, the modest progress we around the world. The launch of this it seems to me, beyond the issues that are beginning to see continues to widen new caucus sends a strong message the President raised when he vetoed through the summer, that we, in fact, that Congress will defend democratic the legislation, is the most compelling provide the resources for an expanding values and human rights wherever they argument for finding a way forward, success for the surge, an expanding are threatened. finding the common ground necessary success for Iraqis stepping forward to In launching the caucus, we were en- to get our soldiers the resources they oppose al Qaeda and insurgency in Al- couraged by the wide range of organi- need to get the job done and to come Anbar, and ultimately a success for zations and individuals, such as Re- home safe. freedom in Iraq. I am confident of this, porters Without Borders, Freedom This is a tough time in Iraq. General I am confident the common ground is House, the Committee to Protect Jour- Petraeus told me on the ground in there; and it will be my hope and my nalists, Musa Klebnikov, the widow of Baghdad a month ago, he told Members prayer and my pledge to work with col- Paul Klebnikov, the editor of Forbes of Congress gathered in a bipartisan leagues on both sides of the aisle to ac- Russia, who was shot to death outside briefing last week that there are dif- complish just that. of his offices 2 years ago, and the leg- ficult days ahead, that there is no On behalf of the Republican Study endary Walter Cronkite, all of whom guarantee that the surge, which seems Committee and our many members, I enthusiastically endorsed our effort.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.112 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4476 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Freedom of the press is so central to The United States, as the world’s old- ries they were working on, and perhaps our democracy that the Framers en- est democracy and the greatest cham- most telling, the fact that not one of shrined it in the first amendment of pion of free expression, has a special the crimes has been successfully pros- our Constitution. At the time, there obligation to defend the rights of jour- ecuted involving the murder of these was little in the way of journalist eth- nalists wherever and whenever they are journalists in Russia, is indicative of a ics, and newspapers were filled with threatened. A free press is one of the deliberate decision not to dig too deep- scurrilous allegations leveled at public most powerful forces for advancing de- ly into these murders. figures. Even so, our Founders under- mocracy, human rights and economic Others hint at something darker. In stood its importance to advancing the development. So our commitment to an editorial the Washington Post renew Nation’s experiment in democracy. these larger objectives requires active cently stated, ‘‘The instances of vio- In the Virginia Report of 1799–1800, engagement in the protection and the lence against journalists in Mr. Putin’s touching the alien and sedition laws, promotion of this freedom. Russia and of the brutal elimination of James Madison wrote that, ‘‘Some de- These are difficult and dangerous his critics both at home and abroad gree of abuse is inseparable from the days for reporters around the world. have become so common that it is improper use of everything, and in no in- According to the New York-based Com- possible to explain them all as coinci- stance is this more true than in that of mittee to Protect Journalists, 56 jour- dences.’’ the press. It has accordingly been de- nalists were killed in the line of duty The evolution of Russian journalism cided by the practice of the States that in 2006, most of whom were murdered from its dismal Soviet past to its cur- it is better to leave a few of its noxious to silence or punish them. The toll was rent role as the Kremlin’s sycophant is branches to their luxuriant growth 9 more than the 47 journalists killed in distressing. During the latter part of than by pruning them away to injure 2005, just the year before, and well the 1980s, Mikhail Gorbachev loosened the vigor of those yielding the proper above average for the last 2 decades of many of the Soviet era’s restrictions fruits. And can the wisdom of this pol- reporting. Another 30 reporters were on the press and the Soviet media be- icy be doubted by any who reflect that killed, but law enforcement authorities came an important player in to the press alone, checkered as it is cannot confirm that their deaths were Gorbachev’s policy of Glasnost. with abuses, the world is indebted for Under Gorbachev, journalists began all the triumphs which have been the result of their work. Outright murder is not the only tool to explore the full range of issues that gained by reason and humanity over that the authorities use to silence re- had remained hidden for so long by the error and oppression, who reflect to the Soviet Government, the Afghan war, same beneficent source. The United porters. As of December 1, 2006, 134 the gulags, the miserable performance States owes much of the lights which journalists were imprisoned around the of the Soviet economy and the endemic conducted them to the rank of a free world as a consequence of their work. corruption of Soviet society were laid and independent nation and which have Of these, more than 100 were held by bare. There is little doubt that the So- improved their political system into a only five countries: China, Cuba, Eri- viet media’s revelations were a cata- shape so auspicious to their happi- trea, Ethiopia, and Burma. lyst in the disintegration of the Soviet ness.’’ These countries which imprison jour- Throughout much of our history, nalists for straying beyond the bounds Union. Madison’s argument has guided our na- of official censorship are not the most In the immediate post-Soviet era, the tional attitude toward the media. Jour- dangerous for journalists, however. Russian press foundered as the econ- nalists have jealously guarded their Since 1992, more journalists have been omy collapsed, but the first Chechen rights, and American courts have, in killed in Iraq, Algeria, Russia, Colom- war, which lasted from 1994 to 1996, re- the main, carved out broad protection bia and the Philippines than anywhere vitalized Russian journalism. Tele- for the press. In the United States, the else. vision was especially powerful, and its press operates almost as a fourth We are all familiar with the dangers coverage of the war turned millions of branch of government, the fourth es- inherent in covering war and Russians against the conflict. In many tate, independent of the other three insurgencies, and many of those killed respects, this period was the high wa- and positioned as an agent of the in Iraq, Algeria and Colombia have termark for an independent press in American people. died covering conflicts in these coun- Russia. From the pioneering work of journal- tries. In the Philippines, the murder of But even as NTV and other television ists during the Civil War, to the muck- journalists has been part of a larger outlets helped to shape domestic oppo- rakers who were committed to expos- campaign against perceived left-wing sition to the Chechen war, Russian ing social, economic and political ills activists. journalism was shedding its independ- of industrial life in the early 20th cen- But it is Russia, where more than 20 ence. As Michael Specter wrote in the tury, to the publication of the Pen- journalists have been murdered in 6 New Yorker about this period in Rus- tagon Papers by The New York Times years since Vladimir Putin succeeded sia, ‘‘The moral tone of the journalist’s in 1971, to the work of Washington Post Boris Yeltsin, that we wish to address world began to shift from idealistic to reporters Bob Woodward and Carl Bern- this evening. mercenary. The practice of writing bi- stein in uncovering the Watergate All alone among the top five coun- ased news articles for money became scandal a year later, journalists have tries where journalists are murdered, routine, even at the best papers. Res- performed a crucial role as the watch- the deaths of journalists in Russia taurant owners, businessmen and pub- dogs of our freedom. seem to be part of a concerted effort to lic officials knew that, for the right But in order for freedom of the press silence the few remaining journalists price, it would bring them favorable to do its work properly, it must be un- who refuse to tow the Kremlin line. coverage almost anywhere.’’ fettered, and journalists must be able China, Cuba and others have been This distortion of the journalistic to do their work without fear of ret- rightly condemned for imprisoning creed of objectivity and neutrality was ribution. Information is power, which journalists who raised the ire of their exacerbated in 1996 when President is precisely why governments, many of governments. Moscow seems to have Yeltsin, whose support and opinion them, attempt to control the press to taken a different tack. Instead of cen- polls had fallen into the low single dig- suppress opposition and to preempt dis- soring jailing journalists it doesn’t its, faced off against Communist sent. Far too often, reporters and edi- like, the Kremlin seems to look the Gennady Zyuganov in the Russian tors who seek to demand reform, ac- other way when they turn up dead. presidential election. Knowing that countability and greater transparency There is no direct evidence tying the without third-party intervention find that their livelihoods and even Putin government to the murder of Yeltsin was doomed and that Zyuganov their very lives are in danger. The cen- journalists in Russia, but there is a would reimpose control over the media, sorship, intimidation, imprisonment wealth of circumstantial evidence Russia’s media elite intervened. and murder of these journalists violate pointing to at least acquiescence in the Over the course of the campaign, not only their personal liberty, but death of journalists. NTV and other media outlets collec- also the rights of those who are denied The number of journalists killed, the tively swayed Russian public opinion access to these ideas and information. circumstances of their deaths, the sto- and Yeltsin ended up winning. But the

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.114 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4477 damage was done. As a former anchor questioned by Federal authorities hope for the world, we must hold high for NTV told the New Yorker’s Michael which suspected him of divulging state the idea of a free and independent Specter, the election ‘‘put a poisoned secrets. One such report that Mr. press. We must advance it abroad and seed into the soil, and even if we did Safronov filed that angered officials re- we must defend it at home. not see why, the authorities under- vealed the third consecutive launch A few quotes about the centrality of stood at once mass media could very failure of a new Bulava interconti- freedom of the press. As the gentleman easily be manipulated to achieve any nental ballistic missile. This had been from California (Mr. SCHIFF) suggested, goal. Whether the Kremlin needed to a pet project of President Putin’s sometimes we don’t quite understand raise the rating of a president or bring which was supposed to show the world how central the freedom of the press is down an opponent or conduct an oper- Russia’s nuclear strength. to the success of the American experi- ation to destroy a businessman, the Strangely enough, no charges were ment. But our Founders enshrined the media could do the job.’’ ever brought up against Mr. Safronov. freedom of the press in the first amend- He was well aware that he was report- ment because they understood, as peo- b 1715 ing on a sensitive issue and was very ple who believed in limited govern- Once the Kremlin understood it could careful in his work always to have a ment, that the only check on govern- use journalists as instruments of its way to prove he was not divulging ment power in real-time is a free and will and saw that journalists would go state secrets. He was known for mak- independent press. along, everything that happened in the ing meticulous notes and conducting Our Founders did not include free- Putin era was, sadly, quite logical. thorough research so he could always dom of the press in the first amend- The ascension of Vladimir Putin to prove he got his information from ment because they got good press, they the Russian presidency cemented the known sources. included it there because they believed link between Russia’s rulers and the It would seem that sadly Mr. in limited government and they be- press. Even without government cen- Safronov’s reporting was too good and lieved in the survival of liberty, and sorship, the press has become a passive the only way to silence him was by they understood the role that the press booster of the president’s efforts to eliminating him. Mr. Safronov is not plays in our society and as we seek to centralize authority and to restore on either of the lists of journalists that promote it through this caucus in Russia to its former status as a great we have tonight to highlight because other societies. The press is that agen- power. To that end, the Russian media his death is so recent. But his tragic cy of progress, that agency of account- has ignored the corruption and cro- death is another example of the lack of ability that makes freedom possible nyism that has become institutional- progress being made to protect journal- and sustains freedom. ized in Russia since the Yeltsin period, ists in Russia. A few thoughts from our Founders and has largely been uncritical of the Before I begin highlighting 13 of the before I yield back to our effort to prosecution of the second Chechnyan journalists on the committee to pro- highlight what has been a train of war which has raged for nearly 8 years. tect journalists of the most recently frightening contract-style killings tak- But even as the vast majority of murdered journalists in Russia, I would ing place in Russia that we seek to their colleagues censor themselves and like to introduce my colleague from In- highlight today. Thomas Jefferson would say, ‘‘Our liberty,’’ and I would follow the Kremlin line, a few brave diana, MIKE PENCE, who is one of the add parenthetically, anyone else’s lib- journalists have dared to investigate, co-chairs of the caucus and does a su- erty, ‘‘Our liberty cannot be guarded to question, and criticize. Journalistic perb job advocating for the rights of but by freedom of the press, nor that independence in Russia is dangerous. the media. And in a few minutes we will introduce Mr. PENCE. I thank the gentleman limited without danger of losing it.’’ Roger McCormick, the founder of the you to some of the journalists whose for yielding. Chicago Tribune, spoke words that are brave voices have been stilled. I am profoundly grateful that while I chiseled on the wall of that newspaper When my colleague arrives back on have the privilege of co-chairing the to this day, and I wrote them down the floor, MIKE PENCE, I will introduce Congressional Caucus for Protection of when I was visiting the paper a few him. He has been a leading voice in the the Press, I want to acknowledge you years ago, about the goal, the mission House on human rights and serves as have been the driving force behind this of a newspaper. He said, ‘‘The news- the other co-chair of our Congressional caucus. You recruited me to participa- paper is an institution developed by Caucus For Freedom of the Press. tion a year ago and I am grateful for modern civilization to present the news But this evening I will start in high- this opportunity to have a reunion of the day, to foster commerce and in- lighting the Russian journalists who with you publicly on the House floor. dustry, to inform and lead public opin- have lost their lives by talking about The gentleman from California is a ion, and to furnish that check upon Ivan Safronov, who died in early March Member I deeply admire, and am hon- government which no Constitution has of this year after falling from a fifth ored to be associated with, as well as ever been able to provide.’’ floor stairwell window in his apart- our Senate colleagues, Senator CHRIS Benjamin Rush, one of our Founding ment building in Moscow. DODD and Senator RICHARD LUGAR from Fathers, would say, ‘‘Newspapers are He was a correspondent at my home State. the sentinels of the liberties of the Kommersant, and is the most recent I would reflect at the outset about country.’’ journalist in Russia to die under a World Press Freedom Day which was James Madison would say, ‘‘To the cloud of suspicion. Russian officials the very day that we launched the Con- press alone checkered as it is with quickly called his death a suicide. gressional Caucus For Freedom of the abuses, the world is indebted for all of However, according to colleagues of his Press back on May 3, 2006, the profound the triumphs which have by gained by at Kommersant, he had a very happy importance of the freedom of the press reason and humanity over error and family life and had no motive to com- and my belief that the United States of oppression.’’ mit suicide. It was not until America ought to be a beacon of free- And Daniel Webster would say, ‘‘The Kommersant and some other news dom for the world. We ought to inspire, entire and absolute freedom of the media suggested foul play that the au- we ought to articulate, we ought to use press is essential to the preservation of thorities agreed to investigate the cir- our freedom, as the gentleman from government on the basis of a free Con- cumstances of Mr. Safronov’s death. California is doing today in this Spe- stitution.’’ According to his editors, Mr. cial Order, to highlight the absence of These great minds, these great voices Safronov, a military affairs writer, was freedom in other parts of the globe. I of liberty, some of whom faces are chis- working on a story about Russian plans am greatly enthused by his leadership, eled into the wall of this great room, to sell weapons to Iran and Syria via Mr. Speaker, and by the opportunity are what inspired the formation of the Belarus. Mr. Safronov had been a colo- today. Congressional Caucus for the Freedom nel in the Russia Space Forces prior to A few thoughts on freedom of the of the Press, and it inspires me to be reporting for Kommersant. He fre- press. I would offer where there is no able to stand with my co-chair, with quently angered authorities with his freedom of the press, there is no free- the founder of this caucus, Congress- critical reporting and was repeatedly dom. If America is to be a beacon of man SCHIFF, to now use this platform,

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.115 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4478 CONGRESSIONAL RECORD — HOUSE May 3, 2007 this stage, this blue and gold and red their work as journalists. Their names for her work. In February 2001, security carpet to hold up the ideal of the free- and the dates they were killed and the agents detained her in the Vedeno dis- dom of the press, and in the exercise of media outlets they worked for are list- trict in Chechnya, accusing her of en- our own freedom to challenge those ed on some of the graphics that we tering Chechnya without accreditation. and expose those places in the world have here tonight, and these are the She was kept in a pit for three days where the freedom of the press is under faces of the 13 slain journalists. without food or water, while a military siege. It is one thing when we talk about officer threatened to shoot her. Seven As I prepare to yield back to the gen- the numbers of journalists that have months later, she received death tleman, I would say that the rising tide been murdered this year and the num- threats from a military officer accused of violence against journalists in Rus- ber that were murdered last year or the of crimes against civilians. She was sia since the advent of the presidency number killed in Russia alone over the forced to flee to Vienna after the offi- of Mr. Putin is deeply troubling and last several years. Those are only num- cer sent an e-mail to Novaya Gazeta ought to be troubling to anyone who bers; but when we look at this chart promising that he would seek revenge. cherishes the notion of a free and inde- and we look at these journalists and we When Politkovskaya covertly visited pendent press. realize that these were each promising Chechnya in 2002 to investigate new al- As we saw the wall fall in 1991, we all lives, these were each important lives, legations of human rights abuses, secu- hoped that the daylight of liberty was these were real people doing a coura- rity officers arrested her, kept her rushing in with perestroika and the geous job who are no longer among us, overnight at a military base, and changes and the democracy movement, we can understand the enormity of the threatened her. In October of that but it seems that Boris Yeltsin’s recent crime that is going on. year, Politkovskaya served as a medi- passing may be a metaphor for Russia The first of the journalists on the ator between armed Chechen fighters today. The Boris Yeltsin who stood committee’s list and the second most and Russian forces during a hostage against Soviet totalitarianism, stood recent journalist in Russia to be mur- standoff in a central Moscow theater. for democracy in his country, passed dered, probably the most well-known Two days into the crisis, with the into history just a matter of weeks internationally is Anna Politkovskaya. Kremlin restricting media coverage, ago, and it seems as I think the gen- Her portrait is behind me. Anna was Russian forces gassed the theater and tleman will articulate in a powerful found shot to death in her Moscow 129 hostages died. Politkovskaya deliv- and compelling way today, that as he home on October 7 of last year in a ered some of the most compelling ac- passes into history, we fear that this murder that garnered worldwide con- counts of that tragedy. experiment in freedom and democracy, demnation. Just prior to her murder, Anna was and particularly a free press in Russia, b 1730 working on an article, accompanied by is passing into history as well. We do Her death sparked protests from gov- photos, about torture in Chechnya. It not conclude that, we fear it. ernments around the world, the Euro- was due to be published days after she I am honored to be able to join my pean Union, and civil society groups was killed. Her article, however, never colleague and participate as he yields concerned with freedom of the press. arrived at the newspaper. time to telling some of the stories of Anna was a courageous and world-re- In her last book, Russia Under Putin, these journalists who have paid the nowned writer for the paper Novaya which was published this year in price for doing liberty’s work in that Gazeta. For many years she had cam- France, she not only criticized atroc- country of Russia. paigned against the war in Chechnya, ities in Chechnya but also corruption So again, I commend the gentleman corruption, and shrinking freedoms and human rights violations in Russia. and give him whole cloth credit for throughout the Russian Federation. Anna was internationally acclaimed founding the Congressional Caucus For Anna was a fearless journalist com- for her courage and her profes- Freedom of the Press. I am honored to mitted to reporting the truth about the sionalism, and now you can see why. stand with him and honored to call him conflict in Chechnya, which she called She was named by the Committee to a friend. ‘‘a small corner of hell.’’ Protect Journalists as one of the Mr. SCHIFF. I thank the gentleman In 7 years covering the second world’s top press freedom figures of the for your generosity and commitment. I Chechen war, Anna’s reporting repeat- past 25 years in the fall 2006 edition of know my colleague probably feels as I edly drew the wrath of Russian au- its magazine, Dangerous Assignments. do that there is many a morning I get thorities. For simply reporting the Anna may have been killed, but her up and read the newspaper, seeing my truth about the conflict, she was memory continues to live on. Today, own name in it, and not feel that this threatened, jailed, forced into exile, Anna was named this year’s winner of is the day I want to champion a free and even poisoned. Even that was not the prestigious 2007 UNESCO/Guillermo press. That does happen from time to enough to silence her. Cano World Press Freedom Prize. This time. But notwithstanding those occa- In an interview with the Committee is the first time the honor has been sional morning papers, we almost al- to Protect Journalists, Politkovskaya awarded posthumously in its 10-year ways recognize the importance of the noted the government’s obstruction history. institution. That is why we are here to- and harassment of journalists trying to While the Russian Government night. cover the Chechen conflict. She point- claims that many leads have been ex- When we have gotten together in the ed out the difficulty of covering the amined, so far the investigation has past, it is to highlight journalists who 2004 hostage crisis in the North stalled, and no charges have been filed, have been imprisoned or murdered or Ossetian town of Beslan that left 334 ci- a sadly familiar tale when a journalist killers who have gone with impunity vilians dead. She said, ‘‘There is so is murdered in Russia. around the world. But because of the much more to write about Beslan, but This is the face of a woman of great magnitude of the problem in Russia, it gets more and more difficult when courage, who gave her life so that the because of the prevalence and the per- all the journalists who write are forced truth could come out and be told, and nicious nature of what is going on in to leave.’’ tonight we honor her memory and we Russia, we felt that we needed to spot- Apparently the authorities were not point to her example. light one country tonight and devote content with simply forcing I will turn now to Mr. PENCE to high- the entire hour to Russia. Politkovskaya to leave. She was light our next journalist. Let me start by highlighting some of poisoned on her way to cover the Mr. PENCE. Mr. Speaker, also pic- the 13 journalists in Russia who have Beslan crisis. After drinking tea on a tured on our poster, and I believe the been killed contract-style since Presi- flight to the region, she became seri- gentleman from California could point dent Putin was elected president in ously ill and was hospitalized, but the to, in the upper left corner of the post- 2000. toxin was never identified because the er should be the image of This list of journalists was compiled medical staff was instructed to destroy Magomedzagid Varisov. by the caucus to protect journalists. her blood tests. At around 9:00 p.m. on June 28, 2005, These 13 journalists are all believed to Politkovskaya was threatened and in the city of Makhachkala, assailants have been deliberately killed due to attacked numerous times in retaliation armed with machine guns opened fire

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.117 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4479 on Magomedzagid Varisov’s sedan as he to her and their three young children Today, Paul’s case remains another drove home with his wife. Varisov sus- about this tragic occurrence. unsolved murder in Russia. tained multiple bullet wounds and died Paul had just started as the editor of Paul may have believed Russia was at the scene. The likely motive for Forbes Russia, which had launched entering a new era, but today we can Varisov’s assassination was his work as three months prior to his death. He had still see that with independent report- a journalist and a commentator. risen through the ranks of Forbes over ing stifled and investigative journalists For three years prior to his murder, the prior 15 years with the magazine, living in fear of contract killings, post- Varisov wrote analytical columns for starting as a reporter covering Russian Soviet Russia still must close a vast the Novoye Delo, Dagestan’s largest economic reform and the rise of the gap to begin to have a free and unbi- weekly newspaper. Dagestan, a Russian country’s new business elite. As a son ased press. republic bordering the Caspian Sea, has of Russian emigrants with a long mili- I yield to my colleague from Indiana been the scene of low-level political vi- tary tradition across the political (Mr. PENCE). olence and unrest driven by a sepa- stratosphere, Paul developed a signifi- Mr. PENCE. Mr. Speaker, Aleksei ratist rebellion since 2000. Varisov was cant expertise in Russian and Eastern Sidorov is our next victim, and his often critical of the Dagestan separat- European politics and economics, image appears along with Valery ists, and his expertise on the Northern which he used to report on the murky Ivanov at the center of the poster, if Caucuses made him a highly sought world in post-Soviet Russia where poli- the gentleman from California would after resource for reporters and re- tics and business meet. point it out. I do think, as Mr. SCHIFF searchers. As a journalist and a pundit, Over the course of his career, Paul said earlier, it is important in this mo- Varisov wrote that the opposition was conducted hundreds of interviews with ment that we dwell on the fact that trying to destabilize the republic and top Russian officials and business lead- these were people who demonstrated topple the regional government and au- ers and had interviewed nearly all of courage, who had loved ones and who thored investigative pieces into ter- Russia’s most famous businessmen, its are now gone forever, both to the cause rorism and organized crime in the re- oligarchs. His research into the activi- and to their families and their commu- gion. ties of these leaders led to his first nities, and it is imperative we look In an issue of Novoye Delo just before book. Further research into organized them in the face. his death, Varisov examined Russian crime in Chechnya led to his second On October 9, 2003, Aleksei Sidorov, Army operations in the Chechen border book. In 2003, he published a the editor-in-chief of the independent town of Borozdinovskaya in which one groundbreaking article on corruption daily known as Tolyatinskoye person was killed and 11 others were re- among Iran’s theocratic rulers. Obozreniye, was murdered in Togliatti, When given the opportunity to ported missing. Ethnic Avars, fearing a city on the Volga River 600 miles east launch Forbes Russia, Paul considered for their lives, left Borozdinovskaya by of Moscow. it a great opportunity to bring the best the hundreds and crossed into neigh- Sidorov was the second editor-in- of Western values to a Nation strug- boring Dagestan. Varisov criticized chief of that newspaper to be murdered gling through a difficult political, eco- Chechen authorities in his article for in a 2-year span. His predecessor, nomic and social transition. He wrote shown in the same photograph, Valery failing to protect the safety of that Russia, despite setbacks, was en- Ivanov, was shot eight times at point- Borozdinovskaya residents and ap- tering an era where lawful, innovative, pealed to Dagestan authorities to do blank range in April 2002. free enterprise capitalism could According to local press reports, two right by them. emerge. In Forbes Russia’s inaugural For over a year, Varisov had spoken unidentified assailants stabbed Sidorov edition of April 2004, Paul published an in the chest several times as he ap- of threats against him and had written investigative piece that led to criti- proached the apartment building in about those threats in articles for cism from the Kremlin. The following Togliatti where he lived with his fam- Novoye Delo. Varisov complained that May issue included a list of Russia’s 100 ily. The assailants fled after stabbing unknown individuals were following richest people, noting that Moscow had Sidorov, and the editor died in his him, and he sought protection from more billionaires than any other city. wife’s arms after she heard his call for Makhachkala law enforcement au- Both articles incited the subjects of help and came down to the entrance of thorities. No protection came, and not the pieces, and Paul’s tradition of cre- their building. long after, Varisov was gunned down. ating enemies through his reporting Sidarov’s paper was a newspaper In a tale that has become all too continued. common in Russia, Mr. Varisov’s mur- That history followed him to the known for its investigative reports on der will go unsolved and unprosecuted. night of his murder when Paul, after organized crime, government corrup- A raid on October 25, 2005, killed three leaving work, was shot multiple times tion, and shady corporate deals in the suspects in Mr. Varisov’s death. Local and killed. In his dying words, he said heavily industrialized city of Togliatti. prosecutors closed their case shortly he couldn’t imagine who wanted him His colleagues are convinced the mur- afterward, and Varisov was added to dead. der was in retaliation for the paper’s the list of journalists whose murder A special crimes unit was assigned to investigative work. will go unsolved but not forgotten. investigate Paul’s murder. One of them told the Committee to Mr. SCHIFF. Mr. Speaker, I thank On September 28, 2004, Moscow police Protect Journalists, ‘‘All of our inves- the gentleman. said they arrested two Chechen men tigative work was supervised by The next casualty in Russia’s war on suspected in the murder. But the sus- Aleksei.’’ Another journalist at the journalism that we will highlight to- pects denied involvement, and police paper told CPJ that Sidorov had re- night is Paul Klebnikov whose photo backed off their initial assertion. Less ceived unspecified threats in retalia- appears here. than two months later, on November tion for his work. Paul, editor of Forbes Russia and an 18, 2004, Moscow police and the Government officials initially agreed investigative reporter, was gunned Belarusian security service arrested that Sidorov’s murder appeared to be a down as he left his Moscow office late three other Chechens considered sus- contract killing in retaliation for his at night on July 9, 2004. Authorities in pects in the murder. Authorities pro- work as a journalist. But a week after Moscow described the case as a con- vided only limited information about the killing, officials began offering tract murder and said that he may the evidence they used to link the new conflicting explanations about the mo- have been killed because of his work. suspects to the crime. tive for the murder. On October 16, the Paul, a U.S. journalist of Russian de- Some analysts reacted to the arrests local head of the Interior Ministry, scent, was 41 years old when he was with skepticism. After the September Vladimir Shcherbakov, said Sidorov shot at least nine times from a passing arrests were reported, Oleg Panfilov, was stabbed after refusing to give a car. director of the Moscow-based press stranger a sip of some vodka he had I had the opportunity to speak with freedom group Center for Journalism supposedly been drinking, the inde- his widow a year ago today when Rep- in Extreme Situations, told an inter- pendent Moscow daily Gazeta reported. resentative PENCE and I launched this viewer that authorities were pursuing That same day, Deputy Prosecutor caucus, and I expressed my deep sorrow a ‘‘farfetched Chechen trail.’’ General Vladimir Kolesnikov said the

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.118 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4480 CONGRESSIONAL RECORD — HOUSE May 3, 2007 murder was related to ‘‘the journalist’s An unknown assailant shot Dmitry Natalya’s death was related to her pro- professional activity,’’ the independent several times at approximately 5:00 in fessional activities, ITAR-TASS news Moscow daily Kommersant reported. the afternoon in front of witnesses and agency reported. But the next day, he switched his escaped in a getaway car that was Since opening an investigation short- story, calling the murder, ‘‘an act of waiting nearby. Dmitry died instantly. ly after her murder, officials have hooliganism,’’ the ITAR-TASS news Dmitry was well known in Murmansk, changed their theory several times. agency reported. not only for running the television sta- Initially, the prosecutor’s office said that because Natalya was carrying jew- b 1745 tion, but also for his political activism and a number of commercial interests. elry and a large sum of cash that were According to local news reports, Dep- Although he had not worked as a jour- not taken at the time of the murder, uty Prosecutor General Yevgeny nalist in many years, Dmitry remained that robbery could be ruled out as a Novozhylov said that an intoxicated in a managerial position and on the motive. welder from one of the local factories, station’s board of directors. According But on July 24, 2002, the Taganrog Di- Yevgeny Maininger, stumbled upon to press reports in the Moscow-based rectorate of Internal Affairs announced Sidorov that evening and murdered Center for Journalism in Extreme Situ- that robbery was the motive, and that him after a brief argument. The local ations, he influenced the station’s edi- the crime was unrelated to her journal- police detained Maininger on October torial policy and TV–21’s reporting. istic activities, according to a local 12 and charged him with murder after The Murmansk media covered radio station report. Taganrog authori- he confessed to the killing. Dmitry’s murder widely and actively ties switched their story again on Sep- Sidorov’s family and journalists at speculated about the possible motive. tember 5, and the Nashe Vremya editor the newspaper Tolyatinskoye Dmitry’s colleague said the TV–21 had in chief, Vera Yuzhanskaya, told the Obozreniye were skeptical that the au- received several threats for its critical Committee to Protect Journalists, thorities had found the true killer. A reporting on several influential politi- when they closed the murder investiga- year later, a Russian district court cians, include Andrei Gorshkov, a can- tion without officially identifying the judge confirmed their doubts by acquit- didate in the city’s mayoral race. reason for the murder. ting the man. Several weeks before Dmitry’s mur- Gregory Bochkarov, a local analyst On October 11, 2004, Judge Andrei der, Gorshkov had threatened TV–21’s in Rostov-on-Don for the Moscow-based Kirillov found that the 29 year-old al- journalists several times after they Center For Journalism in Extreme Sit- leged assailant was not involved in broadcast a tough interview with him. uations told the Committee to Protect Sidorov’s murder and said the prosecu- TV–21 news editor Svetlana Bokova Journalists that the only credible motion’s case was untenable, according to told the Committee to Protect Jour- tive for Natalya’s murder was her re- the independent Moscow daily known nalists that at the time of his death, porting about Tagmet and that police as Kommersant. Sidorov’s family fa- Dmitry was using his contacts at the had emphasized the robbery motive in ther said the family was pleased that police and prosecutor’s office to inves- an effort to play down the significance the acquittal ended what they consid- tigate the mayoral candidate’s links to of her case. Just prior to her death ered to be a flawed investigation. ‘‘The organized crime. Natalya reportedly told several of her investigation, instead of seeking out Police investigated various motives colleagues that she had recently ob- the real killer of my son, tried to dump behind the murder, including Dmitry’s tained sensitive information about the everything on this innocent person,’’ political, commercial and journalistic Tagmet story and was planning to pub- Mr. Sidorov’s father, said. ‘‘We will do activities at TV–21. Dmitry’s col- lish an article revealing this informa- everything possible to ensure the [au- leagues maintain that he was killed in tion. thorities] start a normal investiga- retaliation for TV–21’s critical report- Let me say that again. Just prior to tion.’’ ing on local politics. her death, Natalya told several col- Karen Nersisian, the defense lawyer Sadly, Dmitry’s murder has yet to be leagues that she had recently obtained representing the Sidorov family, said, solved. sensitive information about the story he will work to have the case trans- I now yield to the gentleman from In- and was planning to publish an article ferred to a higher court in Moscow, ac- diana. revealing that information. cording to local press reports. Mr. PENCE. On March 9, 2002, Natalya, like all other journalists, is More than 3 years later, Sidorov’s Natalya Skryl, a business reporter among the ranks of unsolved ranks of killer has not been identified. working for the Nashe Vremya news- murders of journalists in Russia. Mr. SCHIFF. It is a sad commentary paper in the City of Rostov-on-Don in Mrs. Pence is waiting supper. I will on the number of journalists that have southwestern Russia died from head in- ask the gentleman’s forbearance. I ex- been murdered in Russia, that in an juries sustained during an attack the tend my gratitude for your leadership hour we will not have time to discuss previous evening. Her image appears on of our caucus, for the honor of partici- all of them. our poster at the lower right-hand. pating in this special order with you There are several journalists we may Perhaps the gentleman from California and to say how much I look forward to not be able to fully describe this could point that out for our C–SPAN continuing to work with you as we use evening who are featured on our chart. camera team, Natalya Skryl. this institution of freedom to promote I do want to let those know who are Late on the night of March 8, press freedom around the world. listening and watching know that the Natalya was returning to her home in Mr. SCHIFF. I thank the gentleman full biographies and facts that we are the town of Taganrog just outside of very much, and particularly since the outlining tonight can be obtained from Rostov-on-Don when she was attacked gentleman conducted a special order the Committee to Protect Journalists from behind and struck in the head hour before this one, I am amazed that and Reporters Without Borders. Much about a dozen times with a heavy blunt his voice has held up this long. I thank of the material we are using tonight is object. Neighbors called an ambulance the gentleman for all your work, and drawn from their sources, and we are and the police after hearing her appreciate you joining me tonight. deeply grateful for their work and as- scream. Natalya was found unconscious The next journalist that I will high- sistance. just outside her home and taken to light this evening is Eduard The next journalist we will highlight Taganrog hospital, where she died the Markevich, and Eduard’s picture ap- tonight is Dmitry Shvets. Dmitry’s following day. pears in the upper left-hand corner. Mr. picture appears here in the middle of Natalya, who was 29, reported on Markevich was the 29-year-old editor the chart. On April 18, 2003, the 37 year- local business issues for a newspaper and publisher of Novy Reft, the local old deputy director general of the inde- owned by Rostov regional authorities. newspaper in the town of Reftinsky, pendent television station TV–21 Just before her death, she was inves- Sverdlovsk Region. He was found dead, Northwestern Broadcasting in the tigating an ongoing struggle for the shot in the back. northern Russian City of Murmansk, control of Tagmet, an metallurgical Novy Reft often criticized local offi- was shot dead outside of the station’s plant. Nashe Vremya editor-in-chief cials, and Eduard’s colleagues told the offices. Vera Yuzhanskaya believes that ITAR-TASS news service that he had

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.119 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4481 received threatening telephone calls with a silencer and fled the scene on the other journalists killed in Russia prior to the attack. This was not the foot. since 2000, remains unsolved. first attack on Eduard, the Region-In- Valery’s colleagues believe the kill- The next journalist we will highlight form news agency reported. In 1998, two ing was connected to his work. The this evening is Sergey Novikov. On the unknown assailants broke into his newspaper he worked for is well known night of July 26, 2000, Sergey Novikov, apartment and severely beat him in for its reports on local organized crime, the 36-year-old owner of the only inde- front of his pregnant wife. They were drug trafficking and official corrup- pendent radio station in Smolensk, was never caught. tion. Valery also served as a deputy in shot and killed on the stairwell of his In 1999, Eduard was illegally detained the local legislative assembly. apartment building. The killer shot for 10 days after local prosecutor’s of- Local police opened a criminal inves- him four times and escaped through fice charged him with defamation over tigation into the murder, and many the back door. a Novy Reft article questioning the considered several possible motives, Sergey had received death threats propriety of a lucrative government though it is believed by many that he earlier in the year after announcing his contract that gave a former deputy was killed in retaliation for his writ- intent to run for provincial governor- prosecutor the exclusive right to rep- ing. Five years later, no one has been ship. He was one of the most successful resent the Reftinsky administration in brought to justice for Valery’s murder. businessmen in the region, serving on court. The next journalist we will highlight the board of directors of a local glass- In May 2001, federal prosecutor gen- this evening is Sergey Ivanov. There is making factory. eral Vladimir Ustinov reprimanded the little known about the death of Sergey local prosecutor for violating Eduard’s Ivanov. His picture appears here. Sergey’s employees believed his mur- constitutional rights. Around 10 p.m. on October 3, 2000, under was politically motivated. His Police investigated, or launched an known gunmen killed Sergey in front radio station, Radio Vesna, was a fre- investigation into Eduard’s murder. of his apartment building in Togliatti, quent critic of the government of Smo- Now 6 years after the journalist’s a town in Samara Province. He was the lensk Province. Three days before his death. Authorities have made no director of the largest independent tel- death, Sergey had taken part in a tele- progress, the Moscow-based Center for evision company in Togliatti. Sergey vision panel that had discussed the al- Journalism in Extreme Situations has was shot five times in the head and leged corruption of the provincial dep- reported. There is continually no chest. uty government. To this day, his killer progress made. Lada-TV, which the 30-year-old remains at large and the police have His wife continues to publish the Sergey had headed since 1993, was a sig- not determined a motive for his death. Novy Reft, and, this evening, Eduard is nificant player in the local political My time will soon run out. There is in our thoughts and in our memories. scene. Investigators have considered a one final reporter that I wish to high- The next journalist I will highlight possible or commercial programming light on this chart tonight, Igor this evening, is Adam Tepsurgayev. dispute as the motivation for the mur- Domnikov. On July 16, 2000, Igor, a 42- Adam’s picture appears just here to my der. However, the murder still remains year-old reporter and special projects right. Adam was a 24-year-old Chechen unsolved. Without a complete inves- editor for the twice-weekly Moscow cameraman. He was shot dead at a tigation, we may never know the cir- paper, Novaya Gazeta, died after being neighbor’s house in the village of cumstances of his death. attacked 2 months earlier in the Alkhan-Kala. His brother, Ali, was The next journalist murdered in Rus- entryway of his apartment building in wounded in the leg during the attack. sia we will highlight this evening is southeastern Moscow. According to nu- A Russian government spokesman Iskandar Khatloni. Mr. Khatloni’s pic- merous sources, the reporter was at- blamed Chechen guerillas for the mur- ture appears to the far right on this tacked by an unidentified assailant der. The gunman reportedly spoke chart, to my far right, that is. who hit him repeatedly on the head Chechen, but local residents said the On September 21, 2000, Iskandar, who with a heavy object, presumably a guerillas had no reason to kill a cam- was a reporter for the Tajik-language hammer, and left him lying uncon- eraman. During the first Chechen war service of Radio Free Europe/Radio scious in a pool of blood, where a in 1994–1996 Adam worked as a driver Liberty, was attacked late at night at neighbor found him. and fixer for foreign journalists. Later his Moscow apartment by an unknown, Igor was taken to the hospital with he started shooting footage from the axe-wielding assailant. The door of his injuries to the skull and brain. After front lines of the conflict between Rus- apartment was not damaged, indi- surgery and 2 months in a coma, the sian troops and separatists guerillas. cating that there was no forced entry journalist died on July 16. Reuters’ Moscow bureau chief, Martin and that the journalist might have Nesirky, described him as an ‘‘irregular From the very beginning, Igor’s col- known his attacker. leagues and the police were certain the contributor.’’ While most of Reuter’s The 46-year-old Iskandar was struck attack was related to his professional footage from Chechyna in 2000 was twice in the head, according to Radio activity or that of the newspaper. It credited to Adam, including shots of Free Europe’s Moscow bureau. He then was also believed for a while that the Chechen field commander Shamil stumbled into the street and collapsed assailant mistook Igor, who covered so- Basayev, having his foot amputated, he and was later found by a passerby. The cial and cultural issues, for a Novaya had not worked for Reuters in the 6 journalist died later that night in Mos- Gazeta investigative reporter named months before he died. His murder, too, cow’s Botkin Hospital. Local police Oleg Sultanov, who lives in the same is yet to be solved, and there are no de- opened a murder investigation, but had building. Sultanov claimed to have re- tails about any investigation. made little progress by year’s end. ceived threats from the Federal Secu- The next journalist I will highlight Iskandar had worked since 1996 as a rity Service in January for his report- this evening is Valery Ivanov. Valery’s Moscow-based journalist for the Tajik ing on corruption in the Russian oil in- picture appears here. On April 29, 2002, service of the U.S.-funded RFE/RL, dustry. Mr. Ivanov, editor of the newspaper, which broadcasts daily news program- Tolyatinskoye Obozreniye, in the ming to Tajikistan. According to the paper’s editorial southern Russian city of Togliatti, was A Radio Free Europe spokeswoman staff, the Interior Ministry was ac- shot dead outside his home at approxi- said at the time of his death, Iskandar tively investigating the brutal attack mately 11 at night. He was 32 years old had been working on stories about the and promised Igor’s colleagues to finish and was shot eight times in the head at Russian military’s human rights the investigation by the end of the point blank range while entering his abuses in Chechyna. summer if the latter agreed not to car, a colleague at the newspaper said. interfere or disclose any details of the Eye witnesses saw a 25- to 30-year-old b 1800 case to the public. However, in early man walk up to Valery’s car and shoot Earlier in the year, a senior official fall of that year the police downgraded him, according to local press reports in Russia’s Media Ministry charged the case’s high priority status and and the Committee to Protect Journal- that Radio Free Europe was ‘‘hostile to archived it, as allowed by law for cases ists sources. The killer used a pistol our state.’’ His death, along with all unresolved within 3 months.

VerDate Aug 31 2005 02:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.121 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE H4482 CONGRESSIONAL RECORD — HOUSE May 3, 2007 Igor’s colleagues were not informed The motion was agreed to; accord- 1485. A letter from the Chair, Equal Em- about the downgrade. As they ex- ingly (at 6 o’clock and 3 minutes p.m.), ployment Opportunity Commission, trans- plained, archiving does not mean out- under its previous order, the House ad- mitting report of a violation of the right closure of the investigation; the journed until Monday, May 7, 2007, at Antideficiency Act by the Equal Employ- ment Opportunity Commission, pursuant to case may be reopened if new informa- 12:30 p.m., for morning hour debate. 31 U.S.C. 1517(b); to the Committee on Appro- tion emerges. But this did not appear f priations. likely and has yet to happen almost 7 1486. A letter from the Under Secretary for EXECUTIVE COMMUNICATIONS, years later. Personnel and Readiness, Department of De- ETC. Those are the journalists we have fense, transmitting a report to Congress on time to highlight this evening. They Under clause 8 of rule XII, executive the use of Aviation Continuation Pay (ACP) are just a window into the attack on communications were taken from the for Fiscal Year 2006, pursuant to 37 U.S.C. Speaker’s table and referred as follows: 301b(i); to the Committee on Armed Services. press freedom going on in Russia, and 1487. A letter from the Under Secretary for they stand as a shining example of the 1476. A letter from the Administrator, De- Personnel and Readiness, Department of De- courage and dedication of some of the partment of Agriculture, transmitting the fense, transmitting the Department’s report men and women around the world de- Department’s final rule — Irish Potatoes for improving the recruitment, placement, voted to freedom of the press. Grown in Washington; Modification of Ad- and retention within the Department of indi- ministrative Rules Governing Committee viduals who receive scholarships and fellow- Tonight we honor their memory and Representation [Docket No. AMS-FV-06-0182; we call on the Putin government to in- ships under the National Security Education FV06-946-1 FR] received May 2, 2007, pursuant Act of 1951, pursuant to Public Law 109-364, vestigate their deaths and hold those to 5 U.S.C. 801(a)(1)(A); to the Committee on section 945(c); to the Committee on Armed responsible accountable. Agriculture. Services. f 1477. A letter from the Administrator, De- 1488. A letter from the Principal Deputy partment of Agriculture, transmitting the Associate Administrator, Environmental LEAVE OF ABSENCE Department’s final rule — Olives Grown in Protection Agency, transmitting the Agen- By unanimous consent, leave of ab- California; Increased Assessment Rate cy’s final rule — Extension of Temporary Ex- sence was granted to: [Docket No. AMS-FV-06-0225; FV07-932-1 PR] haust Emission Test Procedure Option for received May 2, 2007, pursuant to 5 U.S.C. Mr. COSTA (at the request of Ms. All Terrain Vehicles [EPA-HQ-OAR-2006-0858; 801(a)(1)(A); to the Committee on Agri- FRL-8305-8] (RIN: 2060-A035) received April PELOSI) for after 2 p.m. today. culture. 23, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. GINGREY (at the request of Mr. 1478. A letter from the Administrator, De- the Committee on Energy and Commerce. BOEHNER) for today on account of at- partment of Agriculture, transmitting the 1489. A letter from the Principal Deputy tending a funeral. Department’s final rule — Raisins Produced Associate Administrator, Environmental Ms. EDDIE BERNICE JOHNSON of Texas From Grapes Grown in California; Final Free Protection Agency, transmitting the Agen- (at the request of Ms. PELOSI) for today and Reserve Percentages for 2006-07 Crop cy’s final rule — Prevention of Significant and through May 9, 2007 on account of Natural (sun-dried) Seedless Raisins [Docket Deterioration, Nonattainment New Source No. AMS-FV-07-0027; FV07-989-1 IFR] re- official business in district. Review, and Title V: Treatment of Certain ceived May 2, 2007, pursuant to 5 U.S.C. Ethanol Production Facilities Under the Mr. ORTIZ (at the request of Ms. 801(a)(1)(A); to the Committee on Agri- ‘‘Major Emitting Facility’’ Defition [EPA- PELOSI) for today on account of per- culture. HQ-OAR-2006-0089; FRL-8301-4] (RIN: 2060- sonal health reasons. 1479. A letter from the Administrator, De- AN77) received April 23, 2007, pursuant to 5 Mr. PEARCE (at the request of Mr. partment of Agriculture, transmitting the U.S.C. 801(a)(1)(A); to the Committee on En- BOEHNER) for today on account of offi- Department’s final rule — Apricots Grown in ergy and Commerce. cial business. Designated Counties in Washington; Suspen- 1490. A letter from the Principal Deputy sion of Container Regulations [Docket No. Associate Administrator, Environmental f AMS-FV-07-0031; FV07-922-1 IFR] received Protection Agency, transmitting the Agen- SPECIAL ORDERS GRANTED May 2, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); cy’s final rule — Regulation of Fuels and to the Committee on Agriculture. Fuel Additives: Extension of the Reformu- By unanimous consent, permission to 1480. A letter from the Administrator, De- lated Gasoline Program to Illinois portion of address the House, following the legis- partment of Agriculture, transmitting the the St. Louis, Illinois portion of the St. lative program and any special orders Department’s final rule — Changes in Hourly Louis, Illinois-Missouri Ozone Nonattain- heretofore entered, was granted to: Fee Rates for Science and Technology Lab- ment Area [EPA-HQ-OAR-2006-0841 FRL-8304- (The following Members (at the re- oratory Services-Fiscal Years 2007-2009 1] (RIN: 2060-A034) received April 23, 2007, quest of Mr. JEFFERSON) to revise and [Docket No. AMS-ST-07-0045; ST-05-01] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- extend their remarks and include ex- 0581-AC48) received May 2, 2007, pursuant to 5 mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Ag- 1491. A letter from the Principal Deputy traneous material:) riculture. Associate Administrator, Environmental Mr. CLYBURN, for 5 minutes, today. 1481. A letter from the Administrator, De- Protection Agency, transmitting the Agen- Ms. WATSON, for 5 minutes, today. partment of Agriculture, transmitting the cy’s final rule — National Air Emission Mr. ELLISON, for 5 minutes, today. Department’s final rule — Olives Grown in Standards for Hazardous Air Pollutants: Hal- Mrs. CHRISTENSEN, for 5 minutes, California; Increased Assessment Rate ogenated Solvent Cleaning [EPA-HQ-OAR- today. [Docket No. AMS-FV-06-0225; FV07-932-1 FR] 2002-0009; FRL-8303-6] (RIN: 2060-AK22) re- received May 2, 2007, pursuant to 5 U.S.C. Ms. JACKSON-LEE of Texas, for 5 min- ceived April 23, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- utes, today. 801(a)(1)(A); to the Committee on Energy and culture. Commerce. Mr. JEFFERSON, for 5 minutes, today. 1482. A letter from the Administrator, De- 1492. A letter from the Principal Deputy Mr. MCDERMOTT, for 5 minutes, partment of Agriculture, transmitting the Associate Administrator, Environmental today. Department’s final rule — Onions Grown in Protection Agency, transmitting the Agen- Mr. WYNN, for 5 minutes, today. South Texas; Exemption of Onions for Ex- cy’s final rule — National Emission Stand- Ms. CORRINE BROWN of Florida, for 5 port [Docket No. AMS-FV-07-0043; FV07-959-2 ards for Hazardous Air Pollutants: Surface minutes, today. IFR] received May 2, 2007, pursuant to 5 Coating of Automobiles and Light-Duty (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Ag- Trucks; National Emission Standards for riculture. Hazardous Air Pollutants for Surface Coat- quest of Mr. HAYES) to revise and ex- 1483. A letter from the Administrator, De- ing of Plastic Parts and Products [EPA-HQ- tend their remarks and include extra- partment of Agriculture, transmitting the OAR-2002-0093; FRL-8304-2] (RIN: 2060-AN10) neous material:) Department’s final rule — Almonds Grown in received April 23, 2007, pursuant to 5 U.S.C. Mr. POE, for 5 minutes, May 10, 2007. California; Outgoing Quality Control Re- 801(a)(1)(A); to the Committee on Energy and Mr. FRANKS of Arizona, for 5 minutes, quirements [Docket No. FV06-981-1 FR] re- Commerce. today. ceived May 2, 2007, pursuant to 5 U.S.C. 1493. A letter from the Principal Deputy Mr. JONES of North Carolina, for 5 801(a)(1)(A); to the Committee on Agri- Associate Administrator, Environmental minutes, May 7, 8, 9, and 10, 2007. culture. Protection Agency, transmitting the Agen- 1484. A letter from the Comptroller, De- cy’s final rule — Approval and Promulgation f partment of Defense, transmitting a report of Air Quality Implementation Plans; Ohio; ADJOURNMENT of a violation of the Antideficiency Act by Approval of Revision to Rescind Portions of the Department of the Army, Case Number the Ohio Transportation Conformity Regula- Mr. SCHIFF. Mr. Speaker, I move 05-09, pursuant to 31 U.S.C. 1351; to the Com- tions [EPA-R05-OAR-2007-0155; FRL-8305-3] that the House do now adjourn. mittee on Appropriations. received April 23, 2007, pursuant to 5 U.S.C.

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MY7.122 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4483 801(a)(1)(A); to the Committee on Energy and 1502. A letter from the Associate General Ms. SLAUGHTER: Committee on Rules. H. Commerce. Counsel for General Law, Department of Res. 370. A resolution providing for consider- 1494. A letter from the Principal Deputy Homeland Security, transmitting a report ation of the concurrent resolution (S. Con. Associate Administrator, Environmental pursuant to the Federal Vacancies Reform Res. 21) setting forth the congressional budg- Protection Agency, transmitting the Agen- Act of 1998; to the Committee on Oversight et for the United States Government for fis- cy’s final rule — Approval and Promulgation and Government Reform. cal year 2008 and including the appropriate of Air Quality Implementation Plans; New 1503. A letter from the Director, Office of budgetary levels for fiscal years 2007 and 2009 Mexico; Albuquerque/Bernalillo County; Pre- Personnel Management, transmitting the Of- through 2012 (Rept. 110–121). Referred to the vention of Significant Deterioration (PSD) fice’s report entitled, ‘‘Federal Student Loan House Calendar. and New Source Review [EPA-R06-OAR-2006- Repayment Program FY 2006,’’ pursuant to 5 f 0568; FRL-8305-1] received April 23, 2007, pur- U.S.C. 5379(a)(1)(B) Public Law 106-398, sec- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 1122; to the Committee on Oversight and PUBLIC BILLS AND RESOLUTIONS mittee on Energy and Commerce. Government Reform. 1495. A letter from the Principal Deputy 1504. A letter from the Secretary, Depart- Under clause 2 of rule XII, public Associate Administrator, Environmental ment of the Interior, transmitting the bien- bills and resolutions were introduced Protection Agency, transmitting the Agen- nial report on the quality of water in the and severally referred, as follows: cy’s final rule — State Operating Permit Colorado River Basin (Progress Report No. By Mr. STARK (for himself, Mr. Programs; Maryland; Revisions to the Acid 22), pursuant to 43 U.S.C. 1596; to the Com- LATOURETTE, and Ms. SCHAKOWSKY): Rain Regulations [EPA-R03-OAR-2007-0254; mittee on Natural Resources. H.R. 2122. A bill to amend title XVIII of the FRL-8304-8] received April 23, 2007, pursuant 1505. A letter from the Director, Minerals Social Security Act to provide for patient to 5 U.S.C. 801(a)(1)(A); to the Committee on Management Service, Department of the In- protection by limiting the number of manda- Energy and Commerce. terior, transmitting the Proposed Final 5- tory overtime hours a nurse may be required 1496. A letter from the Principal Deputy Year Outer Continental Shelf (OCS) Oil and to work in certain providers of services to Associate Administrator, Environmental Gas Leasing Program for 2007-2012; to the which payments are made under the Medi- Protection Agency, transmitting the Agen- Committee on Natural Resources. care Program; to the Committee on Energy cy’s final rule — Standards of Performance 1506. A letter from the Secretary, Judicial and Commerce, and in addition to the Com- for Fossil-Fuel-Fired Steam Generators for Conference of the United States, transmit- mittee on Ways and Means, for a period to be Which Construction is Commenced After Au- ting the Conference’s report on the adequacy subsequently determined by the Speaker, in gust 17, 1971; Standards of Performance for of those rules to protect privacy and secu- each case for consideration of such provi- Electric Utility Steam Generating Units for rity, pursuant to Public Law 107-347 section sions as fall within the jurisdiction of the Which Construction is Commenced After 205(g); to the Committee on the Judiciary. committee concerned. September 18, 1978; Standards of Perform- 1507. A letter from the Director, Judicial By Ms. SCHAKOWSKY (for herself, Mr. ance for Industrial-Commercial-Institutional Conference of the United States, transmit- STARK, Mr. GRIJALVA, Mr. KUCINICH, Steam Generating Units; and Standards of ting the Office’s fiscal year 2007 update to Mrs. MCCARTHY of New York, Mr. Performance for Small Industrial-Commer- the Long Range Plan for Information Tech- NADLER, Mr. OBERSTAR, Mr. RANGEL, cial-Institutional Steam Generating Units nology in the Federal Judiciary and the Ju- Ms. SCHWARTZ, and Mr. TOWNS): [EPA-HQ-OAR-2005-0031; FRL-8302-3] (RIN: diciary Information Technology Fund An- H.R. 2123. A bill to amend the Public 2060-AN97) Received April 23, 2007, pursuant nual Report for Fiscal Year 2006, pursuant to Health Service Act to establish direct care to 5 U.S.C. 801(a)(1)(A); to the Committee on 28 U.S.C. 612; to the Committee on the Judi- registered nurse-to-patient staffing ratio re- Energy and Commerce. ciary. 1497. A letter from the Acting Inspector quirements in hospitals, and for other pur- 1508. A letter from the Chairman, Inland poses; to the Committee on Energy and Com- General, Department of Defense, transmit- Waterway Users Board, transmitting the ting the resultant review report, ‘‘Inter- merce, and in addition to the Committee on Board’s 21st annual report of its activities; Ways and Means, for a period to be subse- agency Review of U.S. Export Controls for recommendations regarding construction, China,’’ pursuant to Public Law 106-65; to the quently determined by the Speaker, in each rehabilitation priorities and spending levels case for consideration of such provisions as Committee on Foreign Affairs. on the commercial navigational features and 1498. A letter from the Under Secretary for fall within the jurisdiction of the committee components of inland waterways and har- Policy, Department of Defense, transmitting concerned. bors, pursuant to Public Law 99-662, section the Department’s notification of its inten- By Mr. TOM DAVIS of Virginia: 302(b); to the Committee on Transportation tion to obligate up to $5.0 million of FY 2006 H.R. 2124. A bill to amend title 44, United and Infrastructure. funds for the Cooperative Treat Reduction States Code, to strengthen requirements re- 1509. A letter from the Administrator, De- (CTR) Program, pursuant to Public Law 109- lated to security breaches of data involving partment of Agriculture, transmitting the 163, section 1302; to the Committee on For- the disclosure of sensitive personal informa- Department’s final rule — Market Order eign Affairs. tion; to the Committee on Oversight and 1499. A letter from the Assistant Secretary Regulating the Handling of Spearmint Oil Government Reform. for Legislative Affairs, Department of State, Produced in the Far West; Revision of the By Mr. OBERSTAR (for himself, Mr. transmitting consistent with the Authoriza- Salable Quantity and Allotment Percentage BAKER, Mr. BERRY, Mr. WALZ of Min- tion for Use of Military Force Against Iraq for Class 1 (Scotch) and Class 3 (Native) nesota, Mr. FRANKS of Arizona, Mr. Resolution of 2002 (Pub. L. 107-243), the Au- Spearmint Oil for the 2006-2007 Marketing KIND, Mr. ALEXANDER, Mr. BOUSTANY, thorization for the Use of Force Against Iraq Year [Docket Nos. AMS-FV-07-0039; FV07-985- Ms. HIRONO, Mr. SIMPSON, Ms. Resolution (Pub. L. 102-1), and in order to 2 IFR] received May 2, 2007, pursuant to 5 HERSETH SANDLIN, and Mr. POMEROY): keep the Congress fully informed, a report U.S.C. 801(a)(1)(A); to the Committee on H.R. 2125. A bill to amend title 49, United prepared by the Department of State for the Transportation and Infrastructure. States Code, to ensure competition in the February 28, 2007 — April 24, 2007 reporting 1510. A letter from the Administrator, rail industry, enable rail customers to obtain period including matters relating to post-lib- FAA, Department of Transportation, trans- reliable rail service, and provide those cus- eration Iraq under Section 7 of the Iraq Lib- mitting the Federal Aviation Administra- tomers with a reasonable process for chal- eration Act of 1998 (Pub. L. 105-338); to the tion’s report required by Section 757 of Pub- lenging rate and service disputes; to the Committee on Foreign Affairs. lic Law 106-181, the Wendell H. Ford Aviation Committee on Transportation and Infra- 1500. A letter from the Assistant Secretary Investment and Reform Act for the 21st Cen- structure. for Legislative Affairs, Department of State, tury; to the Committee on Transportation By Mr. CARNEY (for himself and Mr. transmitting the Department’s final version and Infrastructure. PLATTS): of ‘‘Report on U.S. Government Assistance f H.R. 2126. A bill to amend the Internal Rev- to and Cooperative Activities with Eurasia enue Code of 1986 to modify the income ,’’ pursuant to Public Law 102-511, section REPORTS OF COMMITTEES ON threshold used to calculate the refundable 104; to the Committee on Foreign Affairs. PUBLIC BILLS AND RESOLUTIONS portion of the child tax credit; to the Com- 1501. A letter from the Secretary, Depart- Under clause 2 of rule XIII, reports of mittee on Ways and Means. ment of the Treasury, transmitting as re- committees were delivered to the Clerk By Mr. BOREN: quired by section 401(c) of the National H.R. 2127. A bill to designate the facility of Emergencies Act, 50 U.S.C. 1641(c), and sec- for printing and reference to the proper the United States Postal Service located at tion 204(c) of the International Emergency calendar, as follows: 408 West 6th Street in Chelsea, Oklahoma, as Economic Powers Act, 50 U.S.C. 1703(c), and Mr. WAXMAN: Committee on Oversight the ‘‘Clem Rogers McSpadden Post Office pursuant to Executive Order 13313 of July 31, and Government Reform. H.R. 1873. A bill to Building’’; to the Committee on Oversight 2003, a six-month periodic report on the na- reauthorize the programs and activities of and Government Reform. tional emergency with respect to significant the Small Business Administration relating By Mr. CHABOT (for himself and Mr. narcotics traffickers centered in Colombia to procurement, and for other purposes; with DELAHUNT): that was declared in Executive Order 12978 of an amendment (Rept. 110–111, Pt. 2). Referred H.R. 2128. A bill to provide for media cov- October 21, 1995; to the Committee on For- to the Committee of the Whole House on the erage of Federal court proceedings; to the eign Affairs. state of the Union. Committee on the Judiciary.

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By Mr. MCGOVERN (for himself and ginia, Mr. WICKER, Mr. EVERETT, Mrs. RUPPERSBERGER, Mr. YARMUTH, Mr. Mrs. EMERSON): DRAKE, Mr. ROGERS of Kentucky, and SERRANO, Mr. MCGOVERN, Mr. TOWNS, H.R. 2129. A bill to strengthen the Food Mr. WAMP): Mr. PASCRELL, Ms. JACKSON-LEE of Stamp Act of 1977; to the Committee on Ag- H.R. 2134. A bill to establish certain re- Texas, Mr. PAYNE, Mr. CLAY, Mr. riculture, and in addition to the Committee quirements relating to the provision of serv- CAPUANO, Mr. LARSON of Connecticut, on Foreign Affairs, for a period to be subse- ices to minors by family planning projects Mr. RYAN of Ohio, Ms. LINDA T. quently determined by the Speaker, in each under title X of the Public Health Service SA´ NCHEZ of California, Mr. WEINER, case for consideration of such provisions as Act; to the Committee on Energy and Com- Mr. ACKERMAN, Mrs. MALONEY of New fall within the jurisdiction of the committee merce. York, Mr. WEXLER, Mr. MEEK of Flor- concerned. By Mr. BOSWELL (for himself, Mrs. ida, Mrs. NAPOLITANO, Mr. PETERSON By Mr. FATTAH: CUBIN, Ms. KAPTUR, Mr. BRALEY of of Minnesota, Mr. MELANCON, Mr. H.R. 2130. A bill to require a study and Iowa, and Mr. LOEBSACK): ABERCROMBIE, Mr. HILL, Mr. TAYLOR, comprehensive analytical report on trans- H.R. 2135. A bill to enhance fair and open Mr. THOMPSON of California, Ms. forming America by reforming the Federal competition in the production and sale of ag- WATSON, Mr. LEWIS of Georgia, Mr. tax code through elimination of all Federal ricultural commodities; to the Committee on CONYERS, Ms. KILPATRICK, Mr. taxes on individuals and corporations and re- Agriculture. GUTIERREZ, Mr. COSTELLO, Ms. LO- placing the Federal tax code with a trans- By Mr. DOGGETT (for himself, Mr. RETTA SANCHEZ of California, Mr. action fee-based system; to the Committee EMANUEL, Mr. LEVIN, Ms. DELAURO, MOORE of Kansas, Ms. CORRINE BROWN on Ways and Means. Ms. LEE, Mr. MCGOVERN, Mr. of Florida, Mrs. JONES of Ohio, Mr. By Mr. MARSHALL (for himself, Mr. PASCRELL, Ms. SCHAKOWSKY, Mr. NADLER, Mr. RANGEL, Mr. HONDA, Mr. KING of New York, Mr. TOWNS, Mr. STARK, Ms. SUTTON, Mr. VAN HOLLEN, HASTINGS of Florida, Mr. DAVIS of Il- FOSSELLA, Mr. ACKERMAN, Mr. Mr. GRIJALVA, Mr. LYNCH, Mr. NAD- linois, Mr. LANGEVIN, Mr. ARCURI, Mr. BISHOP of New York, Ms. LER, Mr. LEWIS of Georgia, Mr. FALEOMAVAEGA, Mr. HINCHEY, Ms. CLARKE, Mr. CROWLEY, Mr. ENGEL, FATTAH, Mr. STUPAK, Ms. KAPTUR, SCHAKOWSKY, Mr. GONZALEZ, Mr. Mrs. GILLIBRAND, Mr. HALL of New Mr. RUSH, Mr. MCNULTY, Mr. GEORGE GRIJALVA, Mr. ISRAEL, Mr. COSTA, York, Mr. HIGGINS, Mr. HINCHEY, Mr. MILLER of California, Mr. ANDREWS, and Mr. CLYBURN): ISRAEL, Mr. KUHL of New York, Mrs. Ms. SOLIS, Ms. WATSON, Mr. PAYNE, H.R. 2140. A bill to provide for a study by LOWEY, Mrs. MCCARTHY of New York, Mr. COSTELLO, Mr. CONYERS, Ms. the National Academy of Sciences to iden- Mr. MCHUGH, Mr. MCNULTY, Mrs. SLAUGHTER, Mr. FARR, Mr. FILNER, tify the proper response of the United States MALONEY of New York, Mr. MEEKS of Mr. HINCHEY, Mr. CLEAVER, Mr. JOHN- to the growth of Internet gambling; to the New York, Mr. NADLER, Mr. RANGEL, SON of Georgia, Mr. WELCH of Committee on the Judiciary, and in addition Mr. REYNOLDS, Mr. SERRANO, Ms. Vermont, Mr. ELLISON, Mr. BISHOP of to the Committees on Financial Services, VELA´ ZQUEZ, Ms. SLAUGHTER, Mr. New York, Mr. NEAL of Massachu- and Ways and Means, for a period to be sub- WALSH of New York, and Mr. setts, Mr. TIERNEY, Mr. DEFAZIO, Mr. sequently determined by the Speaker, in WEINER): ABERCROMBIE, and Ms. CLARKE): each case for consideration of such provi- H.R. 2131. A bill to amend the Public H.R. 2136. A bill to restrict the use of off- sions as fall within the jurisdiction of the Health Service Act and title XIX of the So- shore tax havens and abusive tax shelters to committee concerned. cial Security Act to provide for a screening inappropriately avoid Federal taxation, and By Mr. CONAWAY (for himself, Mr. and treatment program for prostate cancer for other purposes; to the Committee on FLAKE, and Mr. SIMPSON): in the same manner as is provided for breast Ways and Means, and in addition to the Com- H.R. 2141. A bill to allow small public and cervical cancer; to the Committee on mittees on Financial Services, and the Judi- water systems to request an exemption from Energy and Commerce. ciary, for a period to be subsequently deter- the requirements of any national primary By Mr. ALLEN (for himself, Mrs. mined by the Speaker, in each case for con- drinking water regulation for a naturally oc- CAPPS, Mr. CARNAHAN, Mr. DOGGETT, sideration of such provisions as fall within curring contaminant, and for other purposes; Ms. SCHAKOWSKY, Mr. WAXMAN, Ms. the jurisdiction of the committee concerned. to the Committee on Energy and Commerce. BALDWIN, Mr. EMANUEL, Mr. GENE By Mr. LEVIN (for himself, Mr. By Mrs. DAVIS of California: H.R. 2142. A bill to amend title 39, United GREEN of Texas, Ms. MCCOLLUM of BLUMENAUER, and Ms. SCHWARTZ): Minnesota, and Ms. DELAURO): H.R. 2137. A bill to amend the Internal Rev- States Code, to allow absentee ballots in H.R. 2132. A bill to amend the Public enue Code of 1986 to modify the energy effi- Federal elections to be mailed by voters free Health Service Act to establish a small busi- cient appliance credit for appliances proof postage; to the Committee on Oversight ness health benefits program; to the Com- duced after 2007; to the Committee on Ways and Government Reform. mittee on Energy and Commerce, and in ad- and Means. By Mr. DAVIS of Kentucky: H.R. 2143. A bill to require the Secretary of dition to the Committee on Education and By Mr. LEVIN (for himself, Mr. CAMP Defense to enter into an agreement with the Labor, for a period to be subsequently deter- of Michigan, Mr. MCDERMOTT, Mr. Center for the Study of the Presidency to mined by the Speaker, in each case for con- HERGER, Mr. LEWIS of Georgia, Mr. study reforms of the national security inter- sideration of such provisions as fall within RAMSTAD, Mr. NEAL of Massachu- agency system; to the Committee on Armed the jurisdiction of the committee concerned. setts, Mr. SAM JOHNSON of Texas, Mr. Services. By Mr. ALLEN (for himself, Mr. POMEROY, Mr. ENGLISH of Pennsyl- By Ms. DELAURO (for herself, Mr. MCHUGH, Mr. PATRICK MURPHY of vania, Mrs. JONES of Ohio, Mr. GILCHREST, Mr. MURPHY of Con- Pennsylvania, and Ms. EDDIE BERNICE WELLER, Mr. LARSON of Connecticut, necticut, Ms. WOOLSEY, Mr. ROTH- JOHNSON of Texas): Mr. HULSHOF, Mr. EMANUEL, Mr. MAN, Mr. GERLACH, Mr. H.R. 2133. A bill to provide support for LEWIS of Kentucky, Mr. BLUMENAUER, RUPPERSBERGER, Mr. SHAYS, Mr. small business concerns, and for other pur- Mr. BRADY of Texas, Mr. KIND, Mr. ALLEN, Mr. HINCHEY, Mr. COURTNEY, poses; to the Committee on Ways and Means, REYNOLDS, Mr. PASCRELL, Mr. CAN- Ms. KAPTUR, Mr. LARSON of Con- and in addition to the Committees on Small TOR, Ms. BERKLEY, Mr. NUNES, Mr. necticut, Ms. SCHAKOWSKY, Mr. Business, and Science and Technology, for a CROWLEY, Mr. TIBERI, Mr. VAN HODES, Mr. CASTLE, Mr. ARCURI, Mr. period to be subsequently determined by the HOLLEN, Mr. PORTER, Ms. SCHWARTZ, FARR, Mr. WELCH of Vermont, Mr. Speaker, in each case for consideration of and Mr. DAVIS of Alabama): MCHUGH, Mr. REYNOLDS, Ms. SHEA- such provisions as fall within the jurisdic- H.R. 2138. A bill to amend the Internal Rev- tion of the committee concerned. PORTER, and Mr. OLVER): enue Code of 1986 to permanently extend the H.R. 2144. A bill to extend and enhance By Mr. AKIN (for himself, Mr. MCIN- research credit and strengthen the alter- farm, nutrition, and community develop- TYRE, Mr. JEFFERSON, Mr. POE, Mr. native simplified credit for qualified re- ment programs of the Department of Agri- GARRETT of New Jersey, Mr. BART- search expenses; to the Committee on Ways culture, and for other purposes; to the Com- LETT of Maryland, Mr. TERRY, Mr. and Means. mittee on Agriculture, and in addition to the BURTON of Indiana, Mr. HUNTER, Mr. By Mr. DONNELLY (for himself, Mr. Committees on Energy and Commerce, Edu- MILLER of Florida, Mr. LAMBORN, Mr. FRANK of Massachusetts, Mr. FEENEY, cation and Labor, and Ways and Means, for a SMITH of New Jersey, Mr. MCCAUL of and Mr. TIBERI): period to be subsequently determined by the Texas, Mr. SALI, Mr. JONES of North H.R. 2139. A bill to modernize the manufac- Speaker, in each case for consideration of Carolina, Mr. FORTENBERRY, Mr. tured housing loan insurance program under such provisions as fall within the jurisdic- PITTS, Mr. GINGREY, Mr. CAMPBELL of title I of the National Housing Act; to the tion of the committee concerned. California, Mr. PEARCE, Mr. WELDON Committee on Financial Services. By Mr. MARIO DIAZ-BALART of Flor- of Florida, Mr. NEUGEBAUER, Mr. By Ms. BERKLEY (for herself, Mr. ida: CARTER, Mr. MARCHANT, Mrs. PORTER, Mr. THOMPSON of Mis- H.R. 2145. A bill to establish a pilot pro- MUSGRAVE, Mr. BILBRAY, Mr. BAR- sissippi, Mr. CROWLEY, Mr. LOBIONDO, gram in the Department of State for im- RETT of South Carolina, Mr. BISHOP Mr. HELLER, Mr. WALZ of Minnesota, provement of government-to-government re- of Utah, Mr. ROGERS of Alabama, Mr. Mr. COHEN, Mr. MEEKS of New York, lations with the Miccosukee Tribe of Indians CONAWAY, Mr. HOEKSTRA, Mr. Mr. AL GREEN of Texas, Mr. BERMAN, of Florida; to the Committee on Natural Re- ADERHOLT, Mrs. JO ANN DAVIS of Vir- Mr. FRANK of Massachusetts, Mr. sources.

VerDate Aug 31 2005 01:47 May 04, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L03MY7.100 H03MYPT1 cprice-sewell on PRODPC74 with HOUSE May 3, 2007 CONGRESSIONAL RECORD — HOUSE H4485 By Mr. ELLISON (for himself, Ms. By Ms. HERSETH SANDLIN (for her- the Vietnam War; to the Committee on CORRINE BROWN of Florida, Mr. CLAY, self, Mr. FORTENBERRY, and Ms. KAP- Armed Services. Mr. CLEAVER, Mr. AL GREEN of Texas, TUR): By Mrs. LOWEY (for herself, Mr. HALL Mr. HODES, Mr. HONDA, Ms. MCCOL- H.R. 2154. A bill to enhance and improve of New York, and Mr. HINCHEY): LUM of Minnesota, Mr. OBERSTAR, Mr. the energy security of the United States, ex- H.R. 2162. A bill to provide certain require- PERLMUTTER, Mr. WALZ of Minnesota, pand economic development, increase agri- ments for the licensing of commercial nu- Ms. WATERS, and Ms. WOOLSEY): cultural income, and improve environmental clear facilities; to the Committee on Energy H.R. 2146. A bill to amend the Truth in quality by reauthorizing and improving the and Commerce. Lending Act to prohibit universal defaults renewable energy systems and energy effi- By Mr. MACK (for himself, Mr. MILLER on credit card accounts, and for other pur- ciency improvements program of the Depart- of Florida, Mr. MARIO DIAZ-BALART of poses; to the Committee on Financial Serv- ment of Agriculture through fiscal year 2012, Florida, Mr. BUCHANAN, Mr. ALEX- ices. and for other purposes; to the Committee on ANDER, Mr. BONNER, Mr. CRENSHAW, By Mr. EMANUEL (for himself, Mr. Agriculture. Mr. WESTMORELAND, Mr. FEENEY, RAMSTAD, Mr. LAHOOD, Mr. ROSS, Ms. By Ms. HIRONO (for herself and Mr. Mrs. BONO, Mr. ENGLISH of Pennsyl- SCHWARTZ, Ms. SHEA-PORTER, Mrs. ABERCROMBIE): vania, Mr. SESSIONS, and Mr. CAMP- EMERSON, Mr. KENNEDY, Mr. H.R. 2155. A bill to provide for the conver- BELL of California): COURTNEY, Mr. PLATTS, Mr. SCHIFF, sion of a temporary judgeship for the district H.R. 2163. A bill to amend the Internal Rev- Mrs. MCCARTHY of New York, Mr. of Hawaii to a permanent judgeship; to the enue Code of 1986 to expand incentives for MCNULTY, Mr. ALEXANDER, Ms. Committee on the Judiciary. saving; to the Committee on Ways and HIRONO, Ms. BERKLEY, Mr. SARBANES, By Mr. ISRAEL (for himself, Mr. CAR- Means. Mr. COHEN, Mr. MORAN of Virginia, NEY, Mr. RYAN of Ohio, Mr. HODES, By Mr. MCNULTY (for himself, Mr. Ms. NORTON, Mr. JACKSON of Illinois, Mr. BISHOP of New York, Mr. MOORE REYNOLDS, Mr. ALLEN, Mr. PICK- Mr. DAVIS of Alabama, Mr. SMITH of of Kansas, and Mr. PERLMUTTER): ERING, and Mr. ENGLISH of Pennsyl- Washington, Mr. KIND, Mrs. H.R. 2156. A bill to require a clear account- vania): TAUSCHER, Mr. CROWLEY, Mr. RUSH, ing of the combat proficiency of the security H.R. 2164. A bill to amend title XVIII of the Mr. HARE, Mr. HIGGINS, Mr. BRALEY forces of Iraq; to the Committee on Foreign Social Security Act to provide for an exten- of Iowa, Mr. SNYDER, Mr. MEEKS of Affairs, and in addition to the Committee on sion of increased payments for ground ambu- New York, and Mr. CLEAVER): Armed Services, for a period to be subse- lance services under the Medicare Program; H.R. 2147. A bill to amend titles XXI and quently determined by the Speaker, in each to the Committee on Energy and Commerce, XIX of the Social Security Act to extend the case for consideration of such provisions as and in addition to the Committee on Ways State Children’s Health Insurance Program fall within the jurisdiction of the committee and Means, for a period to be subsequently (SCHIP) and streamline enrollment under concerned. determined by the Speaker, in each case for SCHIP and Medicaid and to amend the Inter- By Mr. JOHNSON of Illinois: consideration of such provisions as fall with- nal Revenue Code of 1986 to provide for a H.R. 2157. A bill to amend title XVIII of the in the jurisdiction of the committee con- healthy savings tax credit for purchase of Social Security Act to provide that certain cerned. children’s health coverage; to the Committee facilities located in areas designated as rural By Mr. MOORE of Kansas (for himself, on Energy and Commerce, and in addition to areas before January 1, 2000, qualify as rural Mrs. MCCARTHY of New York, Ms. the Committee on Ways and Means, for a pe- health clinics regardless of whether or not SHEA-PORTER, Mr. HARE, Mr. MAN- riod to be subsequently determined by the such areas remain so designated; to the Com- ZULLO, Mr. POE, and Mr. RAMSTAD): Speaker, in each case for consideration of mittee on Energy and Commerce, and in ad- H.R. 2165. A bill to establish a grant pro- such provisions as fall within the jurisdic- dition to the Committee on Ways and Means, gram to assist in the provision of safety tion of the committee concerned. for a period to be subsequently determined measures to protect social workers and other By Mr. ENGLISH of Pennsylvania: by the Speaker, in each case for consider- professionals who work with at-risk popu- H.R. 2148. A bill to amend the Internal Rev- ation of such provisions as fall within the ju- lations; to the Committee on Education and enue Code of 1986 to provide a 15-year recov- risdiction of the committee concerned. Labor. ery period for property used in the trans- By Mr. SAM JOHNSON of Texas (for By Mr. MORAN of Kansas (for himself, mission or distribution of electricity for himself, Mr. HERGER, Mr. ENGLISH of Mr. STUPAK, and Mr. MOORE of Kan- sale; to the Committee on Ways and Means. Pennsylvania, Mr. BRADY of Texas, sas): By Mr. ENGLISH of Pennsylvania: Mr. REYNOLDS, Mr. CANTOR, Mr. H.R. 2166. A bill to amend the Elementary H.R. 2149. A bill to amend title XVIII of the GRAVES, and Mr. BUCHANAN): and Secondary Education Act of 1965 to im- Social Security Act to waive the late enroll- H.R. 2158. A bill to amend the Internal Rev- prove the method of determining adequate ment penalty under the Medicare part D ben- enue Code of 1986 to repeal the 1993 income yearly progress, and for other purposes; to efit for certain months for individuals who tax increase on Social Security benefits; to the Committee on Education and Labor. are first eligible to enroll for such benefit for the Committee on Ways and Means. By Mr. NEAL of Massachusetts (for 2006 or 2007 and who enroll by the end of the By Mr. KIND (for himself and Mrs. himself, Mr. ENGLISH of Pennsyl- first annual, coordinated election period fol- MCMORRIS RODGERS): vania, Mr. EMANUEL, Mr. LARSON of lowing their initial enrollment period, to H.R. 2159. A bill to amend part C of title Connecticut, and Ms. SCHWARTZ): limit the amount of such penalty, and to re- XVIII of the Social Security Act to provide H.R. 2167. A bill to amend the Internal Rev- quire the Secretary of Health and Human for a minimum payment rate by Medicare enue Code of 1986 to allow employees not Services to conduct a study on such penalty; Advantage organizations for services fur- covered by qualified retirement plans to save to the Committee on Energy and Commerce, nished by a critical access hospital and a for retirement through automatic payroll de- and in addition to the Committee on Ways rural health clinic under the Medicare Pro- posit IRAs, to facilitate similar saving by and Means, for a period to be subsequently gram; to the Committee on Ways and Means, the self-employed, and for other purposes; to determined by the Speaker, in each case for the Committee on Ways and Means, and in consideration of such provisions as fall with- and in addition to the Committee on Energy addition to the Committee on Education and in the jurisdiction of the committee con- and Commerce, for a period to be subse- Labor, for a period to be subsequently deter- cerned. quently determined by the Speaker, in each mined by the Speaker, in each case for con- By Mr. FALEOMAVAEGA: case for consideration of such provisions as H.R. 2150. A bill to authorize appropria- fall within the jurisdiction of the committee sideration of such provisions as fall within tions to provide for South Pacific exchanges; concerned. the jurisdiction of the committee concerned. to the Committee on Foreign Affairs. By Mr. KING of New York (for himself, By Ms. NORTON: H.R. 2168. A bill to authorize the Secretary By Mr. FALEOMAVAEGA: Mr. PASCRELL, and Mr. GOODE): H.R. 2151. A bill to provide technical and H.R. 2160. A bill to amend the Internal Rev- of Health and Human Services to establish a other assistance to countries in the Pacific enue Code of 1986 to provide recruitment and dental education loan repayment program to region through the United States Agency for retention incentives for volunteer emer- encourage dentists to serve at facilities with International Development; to the Com- gency service workers; to the Committee on a critical shortage of dentists in areas with mittee on Foreign Affairs. Ways and Means, and in addition to the Com- a high incidence of HIV/AIDS; to the Com- By Mr. FALEOMAVAEGA: mittee on Education and Labor, for a period mittee on Energy and Commerce. H.R. 2152. A bill to authorize appropria- to be subsequently determined by the Speak- By Mr. PALLONE (for himself, Mr. tions to provide Fulbright Scholarships for er, in each case for consideration of such pro- SHAYS, Mr. BLUMENAUER, Mrs. CAPPS, Pacific Island students; to the Committee on visions as fall within the jurisdiction of the Mr. FRANK of Massachusetts, Mr. Foreign Affairs. committee concerned. MORAN of Virginia, Mr. CHANDLER, By Mr. GORDON: By Mr. LEVIN: Ms. MCCOLLUM of Minnesota, Mr. H.R. 2153. A bill to recognize and enhance H.R. 2161. A bill to waive time limitations FARR, Mr. LANGEVIN, Mr. SIRES, Mr. the contributions of the National Aero- specified by law in order to allow the Medal GRIJALVA, Mr. PAYNE, Mr. HINCHEY, nautics and Space Administration to the Na- of Honor to be awarded to Gary Lee Mr. GUTIERREZ, Ms. ZOE LOFGREN of tion’s competitiveness in the 21st Century, McKiddy, of Miamisburg, Ohio, for acts of California, Ms. SCHWARTZ, Mr. and for other purposes; to the Committee on valor while a helicopter crew chief and door DELAHUNT, Mr. BERMAN, Mr. GEORGE Science and Technology. gunner with the 1st Cavalry Division during MILLER of California, Mr. HONDA, Mr.

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SMITH of Washington, Mr. CONYERS, studies; to the Committee on Oversight and By Mr. ALTMIRE (for himself, Mrs. Mr. MILLER of North Carolina, Mr. Government Reform. MCCARTHY of New York, Mr. HARE, Ms. SCHAKOWSKY, Ms. WOOL- By Mr. WALBERG (for himself and Mr. KUCINICH, Ms. SHEA-PORTER, and Mr. SEY, Mr. SCHIFF, Mr. KUCINICH, Mr. GINGREY): HOLDEN): SERRANO, Mr. MCHUGH, Mr. MCGOV- H.R. 2178. A bill to amend the Clean Air H. Res. 371. A resolution in observance of ERN, Mr. MEEHAN, Mr. STARK, Mr. Act to require that, after 5 years, all diesel National Physical Education and Sports COOPER, Mr. GILCHREST, Mr. fuel sold to consumers in the United States Week; to the Committee on Education and MCNERNEY, Mr. INSLEE, Mr. DEFAZIO, for motor vehicles contain not less than 2 Labor. Mr. KENNEDY, Mr. MCNULTY, Mr. VAN percent bio-fuel, and for other purposes; to By Mr. FEENEY (for himself, Mr. HOLLEN, Mr. WAXMAN, Mr. ROTHMAN, the Committee on Energy and Commerce. GOODLATTE, Mr. SESSIONS, Mr. JONES Mr. TIERNEY, Mr. MCDERMOTT, Mr. By Mr. WALZ of Minnesota: of North Carolina, Mr. HERGER, Mr. YARMUTH, Mr. RUSH, Mr. CUMMINGS, H.R. 2179. A bill to amend title 38, United PENCE, Mr. KING of Iowa, Mr. DOO- Mr. PLATTS, Mr. CLAY, Mr. HODES, States Code, to direct the Secretary of Vet- LITTLE, Mr. SAM JOHNSON of Texas, Mr. RANGEL, Mr. LEWIS of Georgia, erans Affairs to establish traumatic brain in- Mr. ISSA, Mr. FRANKS of Arizona, Mr. Mr. FATTAH, Mr. ALLEN, Mr. jury centers; to the Committee on Veterans’ GARRETT of New Jersey, Ms. FOXX, HASTINGS of Florida, Mrs. TAUSCHER, Affairs. Mrs. MYRICK, Mr. BISHOP of Utah, Mr. Mr. KILDEE, Ms. LEE, Ms. DELAURO, By Mr. MEEKS of New York (for him- CONAWAY, Mr. PAUL, Mrs. MUSGRAVE, Mr. SHULER, and Mr. SPRATT): self, Ms. CORRINE BROWN of Florida, Ms. FALLIN, Mr. CAMPBELL of Cali- H.R. 2169. A bill to amend the Federal Ms. LORETTA SANCHEZ of California, fornia, Mr. AKIN, Mr. GOHMERT, Mr. Water Pollution Control Act to clarify that Mr. JEFFERSON, Ms. MOORE of Wis- LAMBORN, Mr. MILLER of Florida, Mr. fill material cannot be comprised of waste; consin, Mrs. NAPOLITANO, Mr. CHABOT, Mr. FORBES, Mr. CANNON, to the Committee on Transportation and In- HINOJOSA, Mrs. MALONEY of New Mrs. BLACKBURN, Mrs. JO ANN DAVIS frastructure. York, Mrs. JONES of Ohio, Mr. of Virginia, Mr. WESTMORELAND, Ms. By Mr. PEARCE (for himself and Mr. CUELLAR, Mr. FRANK of Massachu- GINNY BROWN-WAITE of Florida, Mr. RADANOVICH): setts, Ms. KILPATRICK, Mr. BISHOP of SMITH of Texas, Mr. SENSENBRENNER, H.R. 2170. A bill to prevent any individual Georgia, Mr. WEINER, Mr. MEEK of Mr. BOOZMAN, Mr. TERRY, Mr. WILSON who has been convicted of a sexual offense Florida, Ms. EDDIE BERNICE JOHNSON of South Carolina, Mr. CANTOR, Mr. involving a minor from serving in the De- of Texas, Mrs. MCCARTHY of New FORTUN˜ O, Mr. MACK, Mr. BLUNT, Mr. partment of the Interior or the Department York, Ms. MCCOLLUM of Minnesota, SULLIVAN, Mr. GALLEGLY, Mr. GOODE, of Agriculture; to the Committee on Over- Mr. AL GREEN of Texas, Mr. WYNN, Mr. TIAHRT, Mr. PITTS, Mr. WELDON sight and Government Reform. Mr. HASTINGS of Florida, Mr. DAVIS of Florida, Mr. CARTER, Mr. POE, and By Mr. REYES: of Alabama, Ms. LEE, Mr. THOMPSON Mr. INGLIS of South Carolina): H.R. 2171. A bill to amend the Public Util- of Mississippi, Mr. RUSH, Mr. FATTAH, H. Res. 372. A resolution expressing the ity Regulatory Policies Act of 1978 to provide Mr. RANGEL, Mr. DAVIS of Illinois, for disclosure to consumers of the fuels and sense of the House of Representatives that Mr. SCOTT of Georgia, Mr. KUCINICH, judicial determinations regarding the mean- sources of electric energy purchased from Ms. WATSON, Mr. PAYNE, Mrs. electric utilities, and for other purposes; to ing of the Constitution of the United States CHRISTENSEN, Mr. TOWNS, Mr. CLEAV- the Committee on Energy and Commerce. should not be based on judgments, laws, or ER, Mr. BUTTERFIELD, Mr. ACKERMAN, By Mr. REYES: pronouncements of foreign institutions un- Mr. JOHNSON of Georgia, Mr. JACKSON H.R. 2172. A bill to amend title 38, United less such foreign judgments, laws, or proof Illinois, Mr. CLYBURN, Mr. BACA, States Code, to require that all Department nouncements inform an understanding of the Mr. CROWLEY, Mr. CONYERS, Mr. of Veterans Affairs orthotic-prosthetic lab- original meaning of the Constitution of the oratories, clinics, and prosthesists are cer- SERRANO, Mr. LEWIS of Georgia, Ms. United States; to the Committee on the Ju- tified by either the American Board for Cer- CARSON, Mr. ELLISON, Mr. GUTIERREZ, diciary. tification in Orthotics and Prosthetics or the Ms. WATERS, Mr. WATT, Mrs. LOWEY, By Mrs. MALONEY of New York (for ´ Board of Orthotics and Prosthetic Certifi- Ms. VELAZQUEZ, Ms. JACKSON-LEE of herself, Mr. BILIRAKIS, Mr. PALLONE, cation, and for other purposes; to the Com- Texas, Mr. LYNCH, Mr. ROTHMAN, Mr. Mr. MCGOVERN, Ms. WATSON, Mr. mittee on Veterans’ Affairs. DELAHUNT, Mr. WEXLER, Mr. BROWN of South Carolina, Mr. SAR- By Mr. RODRIGUEZ (for himself and GRIJALVA, Mr. SIRES, Mr. CLAY, Mr. BANES, Mr. MCNULTY, and Mr. Mrs. NAPOLITANO): CUMMINGS, Mr. SCOTT of Virginia, Ms. SPACE): H.R. 2173. A bill to amend title 38, United CLARKE, and Ms. NORTON): H. Res. 373. A resolution urging Turkey to States Code, to authorize additional funding H. Con. Res. 140. Concurrent resolution rec- respect the rights and religious freedoms of for the Department of Veterans Affairs to in- ognizing the low presence of minorities in the Ecumenical Patriarchate; to the Com- crease the capacity for provision of mental the financial services industry and minori- mittee on Foreign Affairs. health services through contracts with com- ties and women in upper level positions of By Mr. RUPPERSBERGER (for himself munity mental health centers, and for other management, and expressing the sense of the and Mr. FARR): purposes; to the Committee on Veterans’ Af- Congress that active measures should be H. Res. 374. A resolution congratulating fairs. taken to increase the demographic diversity and commending Free Comic Book Day as an By Mr. SALAZAR: of the financial services industry; to the enjoyable and creative approach to pro- H.R. 2174. A bill to amend the Rural Elec- Committee on Financial Services, and in ad- moting literacy and celebrating a unique trification Act of 1936 to establish an Office dition to the Committee on Education and American art form; to the Committee on of Rural Broadband Initiatives in the De- Labor, for a period to be subsequently deter- Oversight and Government Reform. partment of Agriculture, and for other pur- mined by the Speaker, in each case for con- By Mr. WESTMORELAND (for himself, poses; to the Committee on Agriculture, and sideration of such provisions as fall within Mr. KINGSTON, Mr. BISHOP of Georgia, in addition to the Committee on Energy and the jurisdiction of the committee concerned. Mr. JOHNSON of Georgia, Mr. LEWIS of Commerce, for a period to be subsequently By Mr. RANGEL: Georgia, Mr. PRICE of Georgia, Mr. H. Con. Res. 141. Concurrent resolution determined by the Speaker, in each case for LINDER, Mr. DEAL of Georgia, Mr. honoring the life of Betty Shabazz; to the consideration of such provisions as fall with- GINGREY, Mr. BARROW, and Mr. SCOTT Committee on Oversight and Government in the jurisdiction of the committee con- of Georgia): Reform. cerned. H. Res. 375. A resolution honoring United By Mr. SHAYS (for himself, Mr. LAN- By Mr. STUPAK (for himself and Mr. Parcel Service and its 100 years of commit- TOS, Ms. ZOE LOFGREN of California, WHITFIELD): ment and leadership in the United States; to Mr. DEFAZIO, Mr. MOORE of Kansas, H.R. 2175. A bill to amend the Interstate the Committee on Transportation and Infra- and Mr. KIRK): Horseracing Act of 1978 to require, as a con- structure. dition to the consent for off-track wagering, H. Con. Res. 142. Concurrent resolution expressing the sense of the Congress that there that horsemen’s groups and host racing com- f missions offer insurance coverage for profes- should be established a National Pet Week; to the Committee on Oversight and Govern- sional jockeys and other horseracing per- PRIVATE BILLS AND sonnel, and for other purposes; to the Com- ment Reform. mittee on Energy and Commerce. By Mr. EMANUEL: RESOLUTIONS By Mr. STUPAK (for himself and Mrs. H. Res. 368. A resolution electing a Member Under clause 3 of rule XII, private MILLER of Michigan): to a certain standing committee of the bills and resolutions of the following H.R. 2176. A bill to provide for and approve House of Representatives; considered and titles were introduced and severally re- the settlement of certain land claims of the agreed to. Bay Mills Indian Community; to the Com- By Ms. BERKLEY: ferred, as follows: mittee on Natural Resources. H. Res. 369. A resolution supporting the By Ms. CARSON: By Mr. STUPAK: goals and ideals of National Osteoporosis H.R. 2180. A bill for the relief of Adela and H.R. 2177. A bill to establish certain re- Awareness and Prevention Month; to the Darryl Bailor; to the Committee on the Judi- quirements relating to area mail processing Committee on Energy and Commerce. ciary.

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By Mr. MCDERMOTT: H.R. 743: Mr. BURTON of Indiana. H.R. 1399: Mr. BOREN and Mr. WELLER. H.R. 2181. A bill for the relief of Mohuiddin H.R. 758: Mr. UPTON and Mr. FORTUN˜ O. H.R. 1409: Mr. PAYNE. A. K. M. Ahmed; to the Committee on the H.R. 779: Mr. MILLER of Florida. H.R. 1415: Mr. GRIJALVA and Mr. MARKEY. Judiciary. H.R. 784: Mr. WELLER and Mr. PEARCE. H.R. 1416: Mr. GRIJALVA and Mr. MARKEY. By Mr. RUSH: H.R. 809: Mr. MURTHA and Mr. PLATTS. H.R. 1419: Mr. HINOJOSA, Mr. CONAWAY, Mr. H.R. 2182. A bill for the relief of Elvira H.R. 881: Mr. DOOLITTLE. LINCOLN DIAZ-BALART of Florida, Mr. BACH- Arellano, Juan Carlos Arreguin, Martin H.R. 887: Mr. PAYNE. US, Mr. HOLT, Mr. MILLER of Florida, Ms. Guerrero Barrios, Maria I. Benitez, Fran- H.R. 901: Mr. MCNULTY. MATSUI, Mr. ROHRABACHER, Mr. SKELTON, Mr. cisco J. Castro, Jaime Cruz,Martha Davalos, H.R. 906: Mr. LANTOS, Mr. GILCHREST, Mr. PETRI, Mr. WILSON of South Carolina, Mr. Herminion Davalos, Disifredo Adan Delvalle, INSLEE, and Mr. JONES of North Carolina. REHBERG, Mr. FEENEY, Mr. STUPAK. Angel Espinoza, Veronica Lopez, Francisca H.R. 916: Mr. POE. H.R. 1424: Mr. MITCHELL and Mrs. CAPITO. Lino, Maria A. Martin, Juan Jose Mesa, H.R. 939: Mr. DEAL of Georgia. H.R. 1439: Mr. ROGERS of Kentucky, Mr. Maria Natividad Loza,Blanca E. H.R. 943: Mr. DELAHUNT, Mr. HASTINGS of TIERNEY, Mr. HULSHOF, and Mr. ISSA. Nolte,Domenico Papaianni, Romina Perea, Florida, and Mr. AL GREEN of Texas. H.R. 1459: Mr. HINOJOSA, Mr. BOREN, Mr. Juan Jose Rangel Sr., Dayron S. Rios Are- H.R. 964: Mr. BUYER. MILLER of Florida, Mr. BUCHANAN, Mr. PAUL, nas, Araceli Contreras-Del Toro, Doris Onei- H.R. 971: Mr. HARE. and Mr. TOWNS. da Ulloa, Bladimir I. Caballero, Arnulfo H.R. 992: Ms. SCHAKOWSKY and Mr. FARR. H.R. 1461: Mr. HODES. Alfaro, Consuelo and Juan Manuel H.R. 1011: Mrs. NAPOLITANO. H.R. 1474: Mr. COSTELLO, Mr. MICHAUD, Mr. Castellanos, Eliseo Pulido, Gilberto Romero, H.R. 1014: Mr. WELLER, Mr. ISRAEL, Mr. THOMPSON of Mississippi, and Ms. MATSUI. Maria Liliana Rua-Saenz, Aurelia and Tomas KIND, Mr. LANGEVIN, Mr. HARE, Mr. BURGESS, H.R. 1475: Mr. HARE. H.R. 1481: Mr. TERRY and Mr. POE. F. Martinez-Garcia, Flor Crisostomo; Mr. TIERNEY, and Ms. WATERS. H.R. 1494: Mr. GRIJALVA. Fatuma Karuma, Stanislaw Rychtarczyk, H.R. 1022: Mr. LANGEVIN and Mr. OLVER. H.R. 1506: Mr. OBERSTAR and Ms. ROYBAL- Slobodan Radanovich, and Agustin Sanchez- H.R. 1023: Mr. ROTHMAN, Mr. AKIN, Mr. ALLARD. Dominguez; to the Committee on the Judici- MCCOTTER, Mr. CRENSHAW, Mr. REHBERG, Mr. H.R. 1509: Mr. KIND and Mr. BLUMENAUER. ary. KERRY, Mr. ROSKAM, Mr. YOUNG of Alaska, Mr. MARIO DIAZ-BALART of Florida, and Ms. H.R. 1527: Mr. CUELLAR and Mr. GILLMOR. f ROS-LEHTINEN. H.R. 1543: Mr. MARIO DIAZ-BALART of Flor- H.R. 1028: Mr. MICHAUD. ida and Mr. LINCOLN DIAZ-BALART of Florida. ADDITIONAL SPONSORS H.R. 1049: Mr. PENCE. H.R. 1560: Mr. RUSH. H.R. 1567: Mr. CROWLEY, Mr. RUSH, Mr. JEF- Under clause 7 of rule XII, sponsors H.R. 1061: Mr. STUPAK and Mrs. MCMORRIS RODGERS. FERSON, and Mr. MCNULTY. were added to public bills and resolu- H.R. 1584: Mr. ALLEN, Mr. SHUSTER, Mr. tions as follows: H.R. 1076: Mr. CONAWAY. H.R. 1091: Mr. HIGGINS, Mr. YOUNG of Flor- ALTMIRE, Mrs. MILLER of Michigan, Mr. H.R. 20: Mr. GEORGE MILLER of California ida, Mr. KELLER, and Mr. KLINE of Min- KIRK, Mr. MILLER of Florida, Mr. DUNCAN, and Mr. HARE. nesota. Mr. MICHAUD, and Mr. LATHAM. H.R. 89: Mr. MICHAUD. H.R. 1102: Mr. LAMPSON, Mr. WALZ of Min- H.R. 1588: Mr. MORAN of Kansas. H.R. 1589: Mr. WELLER and Mr. PEARCE. H.R. 111: Mr. FATTAH, Mr. THOMPSON of nesota, and Mr. RYAN of Ohio. H.R. 1618: Ms. KAPTUR and Mr. KUHL of New Mississippi, Mr. KLEIN of Florida, Mr. H.R. 1105: Mr. ALLEN. York. CARNAHAN, Mr. LAMPSON, Mr. DOGGETT, and H.R. 1108: Mr. KIND, Mr. CARNEY, Mrs. H.R. 1619: Mr. WALBERG and Ms. KAPTUR. Mr. MORAN of Virginia. CAPITO, and Mr. UDALL of Colorado. H.R. 1623: Ms. CORRINE BROWN of Florida, H.R. 157: Mr. LANTOS. H.R. 1110: Mr. OLVER, Ms. HOOLEY, Mr. Ms. SUTTON, and Mr. HARE. H.R. 178: Ms. WATERS and Ms. SOLIS. ROGERS of Alabama, Mr. HIGGINS, Mr. H.R. 1645: Mr. JACKSON of Illinois, Ms. H.R. 180: Ms. SOLIS and Mr. MCINTYRE. CARNAHAN, Ms. PRYCE of Ohio, Mrs. CUBIN, MCCOLLUM of Minnesota, and Mrs. CAPPS. H.R. 197: Mr. ARCURI, Mr. COHEN, Mr. Mr. INGLIS of South Carolina, Mr. CAPUANO, H.R. 1647: Mr. DENT, Mr. CALVERT, Mr. COURTNEY, Mr. GILCHREST, Mr. TIERNEY, and Mr. SMITH of Texas, Mr. BOUCHER, Mr. WAL- ROGERS of Kentucky, Mr. YARMUTH, Mr. Mr. WEXLER. DEN of Oregon, Mr. SOUDER, Mr. MARSHALL, WHITFIELD, Ms. HERSETH SANDLIN, and Mr. H.R. 204: Mr. GRIJALVA. Mr. KING of New York, Mrs. WILSON of New LANGEVIN. H.R. 269: Mr. LOBIONDO, Mr. COLE of Okla- Mexico, Mr. STEARNS, MR. CROWLEY, Mr. H.R. 1649: Mrs. CUBIN. homa, Mr. MARSHALL, and Mr. ORTIZ. SARBANES, Mr. GARY G. MILLER of California, H.R. 274: Mrs. DRAKE. H.R. 1653: Mr. RUSH. Mr. DEAL of Georgia, Mr. POMEROY, and Mr. ARE H.R. 281: Mr. DAVIS of Alabama. H.R. 1660: Mr. H . CARTER. H.R. 1663: Mr. GRIJALVA, Mr. HIGGINS, Mr. H.R. 297: Ms. ESHOO. H.R. 1112: Mr. FORTENBERRY and Mr. MIL- DAVIS of Alabama, Mr. LEWIS of Georgia, Mr. H.R. 303: Mr. CHANDLER. LER of Florida. PASTOR, and Ms. KAPTUR. H.R. 346: Mr. TURNER. H.R. 1113: Mr. WAXMAN, Mr. SESSIONS, Mr. H.R. 1688: Ms. MCCOLLUM of Minnesota, Mr. H.R. 451: Ms. ZOE LOFGREN of California, MCDERMOTT, Mr. KENNEDY, Mr. BRADY of LEWIS of Georgia, and Ms. WATERS. Mr. KUCINICH, Mr. GENE GREEN of Texas, Ms. Pennsylvania, Mrs. MALONEY of New York, H.R. 1700: Mr. SPACE, Ms. LORETTA ROS-LEHTINEN, and Mr. FILNER. Ms. KAPTUR, Mr. NEAL of Massachusetts, Mr. SANCHEZ of California, Ms. DEGETTE and Mr. H.R. 463: Mr. RYAN of Ohio. TAYLOR, and Mr. GRIJALVA. DAVIS of Illinois. H.R. 549: Mr. TURNER. H.R. 1119: Ms. ROYBAL-ALLARD. H.R. 1702: Mr. HARE, Ms. CLARKE, Mr. CLAY, H.R. 550: Mr. MORAN of Virginia, Mr. H.R. 1139: Mrs. BONO. Mr. CLEAVER, Mr. CUMMINGS, Mr. JACKSON of CAPUANO, Mr. SCHIFF, Ms. MCCOLLUM of Min- H.R. 1142: Mr. INSLEE, Mr. CARNEY, Mr. Illinois, Mrs. JONES of Ohio, Mr. LEWIS of nesota, Mr. POMEROY, Mr. MARSHALL, Mr. BLUMENAUER, Mr. REYES, Mr. TERRY, and Mr. Georgia, Mr. PAYNE, Mr. THOMPSON of Mis- SMITH of Washington, Mr. PERLMUTTER, Mr. COSTELLO. sissippi, Ms. VELA´ ZQUEZ, Mr. WATT, Mr. LEE, Mr. HOEKSTRA, and Mr. THOMPSON of H.R. 1147: Mr. WELLER. MEEKS of New York, Mr. WYNN, and Mr. California. H.R. 1157: Ms. KAPTUR, Mr. LATOURETTE, OLVER. H.R. 551: Mr. DOOLITTLE, Mr. LAMPSON, Ms. Mr. SCOTT of Virginia, and Mr. ARCURI. H.R. 1707: Mr. PASTOR. WATSON, Mr. DREIER, Mr. BRADY of Texas, H.R. 1177: Mr. MCINTYRE, Mr. HINCHEY, and H.R. 1713: Mr. PASTOR, Mr. TIERNEY, and Mr. EDWARDS, and Mr. ISSA. Mrs. EMERSON. Mr. WEXLER. H.R. 563: Mr. CALVERT and Mr. SPACE. H.R. 1192: Mr. BILIRAKIS, Mr. YARMUTH, Mr. H.R. 1721: Mr. BARROW, Mr. CARTER, Mrs. H.R. 619: Ms. WOOLSEY, Mr. ISRAEL, Mr. KIRK, and Mr. YOUNG of Florida. MCCARTHY of New York, and Ms. JACKSON- ABERCROMBIE, Ms. SLAUGHTER, Mr. OLVER, H.R. 1199: Mr. TERRY. LEE of Texas. and Mr. DEFAZIO. H.R. 1232: Mr. JOHNSON of Illinois. H.R. 1727: Mr. KENNEDY, Mr. YARMUTH, Mr. H.R. 636: Mr. TURNER. H.R. 1239: Mr. MORAN of Kansas. GRIJALVA, Mr. GILCHREST, and Mr. WEXLER. H.R. 657: Ms. FOXX, Mr. SPRATT, Mr. KLINE H.R. 1248: Mr. SIRES. H.R. 1738: Mrs. MYRICK and Ms. of Minnesota, Mr. SOUDER, Mr. BAIRD, and H.R. 1252: Ms. SHEA-PORTER, Mr. INSLEE, SCHAKOWSKY. Mr. HELLER. Mr. BRALEY of Iowa, and Mr. COURTNEY. H.R. 1745: Mr. GRIJALVA. H.R. 662: Ms. BORDALLO and Mr. ISSA. H.R. 1267: Mr. LEVIN, Mr. WILSON of Ohio, H.R. 1747: Mr. MCGOVERN, Ms. BALDWIN, H.R. 676: Mr. WELCH of Vermont. Mr. COSTA, Mrs. CUBIN, and Mr. KIND. Mr. ELLISON, and Ms. LEE. H.R. 677: Ms. KAPTUR. H.R. 1280: Ms. BERKLEY. H.R. 1758: Mr. CROWLEY. H.R. 687: Mr. WAXMAN, Mr. EMANUEL, Mr. H.R. 1283: Mrs. DRAKE and Mr. HAYES. H.R. 1764: Mr. ALLEN. MORAN of Virginia, and Mr. MCCOTTER. H.R. 1293: Mr. BOOZMAN. H.R. 1766: Mr. CASTLE. H.R. 691: Mr. GRIJALVA and Mr. TIM MUR- H.R. 1302: Mr. PRICE of North Carolina and H.R. 1768: Mr. LINCOLN DAVIS of Tennessee PHY of Pennsylvania. Mr. MEEK of Florida. and Mr. LAMPSON. H.R. 692: Ms. KAPTUR. H.R. 1303: Mr. MOORE of Kansas. H.R. 1773: Ms. WOOLSEY, Mr. HARE, Mr. H.R. 695: Mr. TIERNEY and Ms. DEGETTE. H.R. 1328: Mrs. WILSON of New Mexico. POE, Mr. ENGLISH of Pennsylvania, and Mr. H.R. 718: Mr. KING of New York. H.R. 1350: Mr. ROGERS of Michigan. MOLLOHAN. H.R. 725: Mr. WAMP. H.R. 1398: Mr. FLAKE, Mr. REYNOLDS, Mr. H.R. 1774: Mr. PLATTS and Mr. LEWIS of H.R. 728: Mr. HARE. SHUSTER, and Mr. NUNES. Kentucky.

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H.R. 1783: Mr. BISHOP of New York, Mr. gia, Mrs. MCMORRIS RODGERS, Mr. MICHAUD, H. Res. 189: Mr. ELLISON, Mrs. DAVIS of GRIJALVA, Mrs. MALONEY of New York, Mr. Mr. FARR, and Mr. RYAN of Ohio. California, Mr. SKELTON, Mr. LEWIS of Geor- HARE, Mr. WILSON of Ohio, Mr. ELLSWORTH, H.R. 2074: Mr. SHAYS and Mr. FOSSELLA. gia, and Mr. HARE. Mrs. GILLIBRAND, and Mr. HALL of New York. H.R. 2075: Mr. MCHUGH. H. Res. 223: Mr. NEUGEBAUER. H.R. 1801: Mr. ROTHMAN. H.R. 2086: Mr. PRICE of Georgia, Mr. H. Res. 227: Mr. RUSH. H.R. 1810: Mr. REYNOLDS and Mr. CAMP of FRANKS of Arizona, Mr. SALI, Mr. WALBERG, H. Res. 245: Ms. ZOE LOFGREN of California. C ENRY ILBRAY Michigan. Mr. M H , Mr. B , and Mrs. H. Res. 258: Mr. LEVIN. BLACKBURN. H.R. 1818: Mr. HONDA, Ms. WATSON, and Mr. H. Res. 259: Mr. CLEAVER. H.R. 2090: Ms. MCCOLLUM of Minnesota, Mr. HINCHEY. H. Res. 264: Mr. BRALEY of Iowa. BARRETT of South Carolina, Mr. PITTS, Mr. H.R. 1823: Mr. CLAY. H. Res. 281: Mr. HUNTER, Ms. BERKLEY, and AKIN, Mr. DOOLITTLE, Mr. CHABOT, Mr. WEST- H.R. 1829: Mr. MARIO DIAZ-BALART of Flor- Mr. WOLF. MORELAND, Mr. GARRETT of New Jersey, Mr. ida and Mr. MILLER of Florida. H. Res. 282: Mr. BRADY of Pennsylvania, MCHENRY, Mrs. MYRICK, Mr. GOODE, Ms. H.R. 1840: Mr. BECERRA. Mr. WELCH of Vermont, Mr. WEXLER, Mr. FALLIN, Mr. MARCHANT, Mr. SESSIONS, Mr. H.R. 1841: Mr. LANTOS and Mr. WELCH of GERLACH, and Mr. BISHOP of New York. FEENEY, Mr. CAMPBELL of California, Mr. Vermont. H. Res. 290: Mr. EHLERS, Mr. HERGER, Mr. RYAN of Wisconsin, Mr. GINGREY, Mr. H.R. 1845: Mr. MCCOTTER, Mr. GOODE, and TIM MURPHY of Pennsylvania, Mr. SAXTON, WELDON of Florida, Mr. BRADY of Texas, Mr. Mr. PRICE of North Carolina. Mr. BARTON of Texas, Mrs. MILLER of Michi- IRES CHIFF EF HERGER, Mr. LAMBORN, Mrs. BLACKBURN, H.R. 1852: Mr. S , Mr. S , Mr. J - gan, Ms. GINNY BROWN-WAITE of Florida, FERSON USH Mrs. MUSGRAVE, and Mr. CARTER. , and Mr. R . Mrs. BLACKBURN, Ms. FOXX, Mr. GOODE, Mr. H.R. 1853: Mr. BRADY of Pennsylvania and H.R. 2111: Mr. LATOURETTE. H.J. Res. 9: Mr. MILLER of Florida and Mrs. GILCHREST, Mr. DAVID DAVIS of Tennessee, Mr. PETERSON of Minnesota. UBIN and Mr. MCCAUL of Texas. H.R. 1858: Mr. FLAKE. C . H.J. Res. 12: Mrs. CUBIN. H. Res. 296: Mr. WEXLER, Mr. GRIJALVA, Mr. H.R. 1889: Ms. HERSETH SANDLIN. H.J. Res. 14: Mr. BRALEY of Iowa. LAMPSON, Mrs. BOYDA of Kansas, Mr. H.R. 1890: Mr. MCCOTTER. H. Con. Res. 49: Mr. FEENEY, Mr. FRELING- LOBIONDO, Mr. BRADY of Pennsylvania, Mr. H.R. 1892: Mr. SHIMKUS, Mr. BRADY of HUYSEN, and Mrs. LOWEY. GERLACH, and Mr. KENNEDY. Texas, Mr. BURGESS, Mr. WELDON of Florida, H. Con. Res. 70: Mr. TANNER and Mr. PRICE H. Res. 313: Mr. WALZ of Minnesota and Mr. and Mr. GINGREY. of North Carolina. SPACE. H.R. 1907: Mr. GRIJALVA. H. Con. Res. 85: Mr. MCDERMOTT. H. Res. 361: Ms. LEE, Mr. ENGEL, Mr. H.R. 1909: Mrs. BOYDA of Kansas. H. Con. Res. 117: Ms. BORDALLO, Mr. WAX- MCGOVERN, Mr. BERMAN, Ms. PELOSI, Mr. H.R. 1927: Mr. TERRY. MAN, Mr. FOSSELLA, and Mr. DOYLE. FRANK of Massachusetts, Ms. HARMAN, Mr. H.R. 1932: Mr. KIND, Mr. HINCHEY, Mr. H. Con. Res. 131: Mr. TANCREDO, Mr. CAN- WAXMAN, Mr. GORDON, Ms. SLAUGHTER, Ms. LANGEVIN, and Mr. GOHMERT. TOR, Mr. FRANKS of Arizona, Mr. GOHMERT, MCCOLLUM of Minnesota, Mr. NEAL of Massa- H.R. 1933: Mr. SALAZAR. Mr. CARTER, Mr. GINGREY, Mr. CHABOT, Mr. chusetts, Mr. MURTHA, Mr. LEWIS of Georgia, H.R. 1940: Mr. MARCHANT, Mr. BILIRAKIS, BARTLETT of Maryland, Mr. KING of Iowa, Mr. CONYERS, Ms. MATSUI, Mr. HOYER, Mr. Mr. GOODE, Mrs. JO ANN DAVIS of Virginia, Mr. LINDER, Mr. CONAWAY, Mr. FEENEY, Mr. BUYER, Mr. ALTMIRE, Mr. FARR, Ms. ESHOO, and Mr. SHAYS. HAYES, Mr. MCHENRY, Mr. RENZI, Mr. SMITH Mr. CLYBURN, Mrs. TAUSCHER, and Mr. MOORE H.R. 1941: Mr. CASTLE, Mr. LINCOLN DIAZ- of Nebraska, Ms. FOXX, Ms. FALLIN, Mr. of Kansas. BALART of Florida, Mr. FLAKE, Mr. KIRK, Mr. GOODE, Mrs. MYRICK, Mr. DOOLITTLE, Mr. PITTS, and Mr. SMITH of New Jersey. JORDAN, Mr. PITTS, Mr. KLINE of Minnesota, H.R. 1945: Mr. MORAN of Virginia and Ms. Mrs. MUSGRAVE, Mr. LAMBORN, Mr. HERGER, f LEE. Mr. BRADY of Texas, Mr. WELDON of Florida, H.R. 1947: Mr. WAXMAN. Mr. RYAN of Wisconsin, Mr. CAMPBELL of CONGRESSIONAL EARMARKS, LIM- H.R. 1957: Mr. WAXMAN, Mr. OLVER, Ms. California, Mr. CULBERSON, Mr. LUCAS, Mr. ITED TAX BENEFITS, OR LIM- WOOLSEY, Mrs. MALONEY of New York, and AKIN, Mr. BARRETT of South Carolina, Mr. ITED TARIFF BENEFITS Mr. PAYNE. FERGUSON, Mr. SESSIONS, Mr. SHUSTER, Mr. H.R. 1964: Mr. SHERMAN, Ms. ZOE LOFGREN TIAHRT, Mr. WESTMORELAND, and Mrs. Under clause 9 of rule XXI, lists or of California, Mr. LEWIS of Georgia, and Mr. BLACKBURN. statements on congressional earmarks, TIERNEY. H. Con. Res. 133: Mr. TERRY. limited tax benefits, or limited tariff H.R. 1971: Ms. CARSON. H. Res. 49: Mr. WALBERG. benefits were submitted as follows: H.R. 1975: Mr. DELAHUNT. H. Res. 101: Mrs. LOWEY, and Ms. CARSON. H.R. 2005: Mr. KIND and Mr. CUELLAR. H. Res. 143: Mr. VAN HOLLEN. The amendment to be offered by Rep- H.R. 2017: Mr. RYAN of Ohio and Mr. WIL- H. Res. 151: Mr. FORTENBERRY, Mr. TOWNS, resentative Bennie G. Thompson of Mis- SON of Ohio. Ms. JACKSON-LEE of Texas, Mr. WATT, Ms. sissippi or a designee to H.R. 1684, the De- H.R. 2036: Mr. HOOLEY and Mr. KLEIN of LEE, Mr. SNYDER, Mr. RANGEL, Mr. RUSH, Mr. partment of Homeland Security Authoriza- Florida. BISHOP of Georgia, Mr. HINCHEY, Mr. MEEK of tion Act for Fiscal Year 2008, does not con- H.R. 2048: Mr. SHULER. Florida, Mr. MCCOTTER, Ms. MATSUI, Mr. AL tain any congressional earmarks, limited tax H.R. 2060: Mr. HIGGINS, Ms. FOXX, Mr. GREEN of Texas, Ms. KILPATRICK, and Ms. benefits, or limited tariff benefits as defined GUTIERREZ, Mr. HINCHEY, Mr. LEWIS of Geor- SHEA-PORTER. in clause 9(d), 9(e), or 9(f) of Rule XXI.

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Vol. 153 WASHINGTON, THURSDAY, MAY 3, 2007 No. 72 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, to conference. I would hope the two called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, managers of that budget resolution, ERT P. CASEY, Jr., a Senator from the Washington, DC, May 3, 2007. Senators CONRAD and GREGG, can make State of Pennsylvania. To the Senate: a determination as to how many mo- Under the provisions of rule I, paragraph 3, tions to instruct there will be to give of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable ROBERT P. CASEY, Jr., some idea. As I understand the rule, we The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to have 10 hours of debate no matter fered the following prayer: perform the duties of the Chair. what. If there are motions to instruct Let us pray. ROBERT C. BYRD, that have been filed and not enough Almighty and everlasting God, the President pro tempore. time to debate them, the votes will protector of those who put their trust Mr. CASEY thereupon assumed the take place with no debate. I hope there in You, on this National Day of Prayer, chair as Acting President pro tempore. will be adequate time to debate whatever motions to instruct and basic con- we thank You for the gift of interces- f sion. When in need, we can enter Your versation about that most important RECOGNITION OF THE MAJORITY budget resolution that we need to com- throne room with our praise and peti- LEADER plete so we can get to the appropriations. When tempted to despair, we tions bills. I will be discussing this have an antidote in prayer. The ACTING PRESIDENT pro tem- matter with the Republican leader and Transform the lives of our lawmakers pore. The majority leader is recognized. may have more to say during the day. as they seek You in prayer. Free them If there is a lull in the schedule to live life more fully. Through their f today, we have a number of judges we ups and downs, help them to love You SCHEDULE can vote on. We may do that. Senators with a decisive loyalty. Lord, draw KENNEDY and ENZI have done a master- them to a relationship of grateful trust Mr. REID. Mr. President, today, following any time that may be used by ful job in moving this matter along. We in You, as they seek Your wisdom in hope they will continue their masterful solving the challenging questions the leaders, there will be 60 minutes of debate on the motion to invoke cloture work and complete this legislation. which trouble our world. Hear the I do say, as I have said, but it is on the Dorgan drug reimportation prayers of Your people today and al- worth repeating, Senator ENZI and Sen- amendment, with the time divided be- ways. ator KENNEDY, some would say, are not We pray in Your amazing Name. tween Senators DORGAN and the Repub- a matched pair. They have different po- Amen. lican leader or his designee. The vote litical philosophies, they come from then will occur around 10:30 or a few different parts of the country. But that f minutes after that this morning. Mem- is really what the Senate is all about. bers who have second-degree amend- They have set an example of how indi- PLEDGE OF ALLEGIANCE ments to the Dorgan amendment must vidual Senators can work together. file them by 10 this morning. A number They are really exemplary, as far as I The Honorable ROBERT P. CASEY, Jr., of other amendments are still pending, led the Pledge of Allegiance, as follows: am concerned, in being able to move a and today will be a busy day, with very difficult, complicated piece of leg- I pledge allegiance to the Flag of the votes occurring throughout the day. islation by understanding that this is United States of America, and to the Repub- Another issue which will need the not the last word. There is going to be lic for which it stands, one nation under God, Senate’s attention will be the con- indivisible, with liberty and justice for all. a conference. Senator KENNEDY has ference on the budget resolution. The told Senator ENZI that he would be a House is going to act either today or f part of that conference. They trust Monday appointing conferees, which each other. That is important. We fin- will mean we will act shortly there- ished the competition bill last week. APPOINTMENT OF ACTING after. The chairman of the Budget PRESIDENT PRO TEMPORE This is another step forward. I hope we Committee, Senator CONRAD, and the can complete this bill today. The PRESIDING OFFICER. The ranking member, Senator GREGG, have f clerk will please read a communication had initial conversations about the to the Senate from the President pro likelihood of there being motions to in- RESERVATION OF LEADER TIME tempore (Mr. BYRD). struct the conferees. The ACTING PRESIDENT pro tem- The bill clerk read the following let- Under the Budget Act, there is a pore. Under the previous order, the ter: maximum of 10 hours of debate to get leadership time is reserved.

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

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VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5526 CONGRESSIONAL RECORD — SENATE May 3, 2007 PRESCRIPTION DRUG USER FEE We are in touch with a couple of Sen- evaluate the price strategies that they AMENDMENTS OF 2007 ators so we will be able to make a judg- have for American consumers. They The ACTING PRESIDENT pro tem- ment decision at the conclusion of this would no longer be able to gouge Amer- pore. Under the previous order, the vote on the cloture. We will be ready to ican consumers by making them pay Senate will resume consideration of S. go so we will not miss any opportunity more than their fair share for the high 1082, which the clerk will report. to make progress on the bill. cost of research and development. I The bill clerk read as follows: I thank the Senator. The Senate will sort out research and development be- now debate the underlying cloture mo- cause I think Canadians are getting a A bill (S. 1082) to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and tion. better deal from American pharma- amend the prescription drug user fee provi- The ACTING PRESIDENT pro tem- ceuticals. Germans are getting a better sions, and for other purposes. pore. The Senator from Iowa. deal from American pharmaceuticals. Pending: Mr. GRASSLEY. Mr. President, I They get such a low price. They don’t have not had an opportunity to speak pay the fair share. The American con- Landrieu amendment No. 1004, to require with the Senator from North Dakota. I the Food and Drug Administration to permit sumer of pharmaceutical products pays the sale of baby turtles as pets so long as the hope I am not abusing my privilege of for most of the research and develop- seller uses proven methods to effectively working with him and having some ment that benefits the entire world. It treat salmonella. time this morning. I yield myself 7 is not fair to the American consumer. Dorgan amendment No. 990, to provide for minutes. It is true that pharmaceutical com- the importation of prescription drugs. The Dorgan amendment is the mo- panies do not like the idea of opening Cochran amendment No. 1010 (to amendment American consumers have been American consumption of drugs to the ment No. 990), to protect the health and safe- waiting for. I am here to urge my col- global marketplace. They want to keep ty of the public. leagues to vote for cloture so we can fi- Stabenow amendment No. 1011, to insert the United States closed to other mar- provisions related to citizens petitions. nally legalize drug importation. kets in order to charge higher prices Brown (for Brownback/Brown) amendment As I said yesterday, the Dorgan here. They would argue: We have to No. 985, to establish a priority drug review amendment is the result of a collabo- charge higher prices here. The Govern- process to encourage treatments of tropical rative effort by myself, with Senators ment directs what we pay the con- diseases. DORGAN, SNOWE, and KENNEDY, to fi- sumers or charge the consumers of Ger- Vitter amendment No. 983, to require coun- nally make drug importation legal. many. Well, that is not fair to the terfeit-resistant technologies for prescrip- This is a golden opportunity that we American to pay for that sort of re- tion drugs. have been waiting for years to accom- Inhofe amendment No. 988, to protect chil- search. dren and their parents from being coerced plish. The bill before us is the vehicle However, with the Dorgan amend- into administering a controlled substance in this year to get it done. ment—and this is what we are talking order to attend school. The bill we are debating is a must- about on this important vote coming Gregg/Coleman amendment No. 993, to pro- pass Food and Drug Administration up—prescription drug companies will vide for the regulation of Internet phar- bill. The Senate should send a strong be forced to compete, forced to estab- macies. message that we are committed to fi- lish a fair price here in America. The ACTING PRESIDENT pro tem- nally getting it done this year. This is Some don’t want this to happen. I pore. Under the previous order, there what we have been working to accom- want to reiterate that there is an at- will be an hour for debate prior to a plish today. tempt to kill drug importation, as has vote on the motion to invoke cloture Making it legal for Americans to im- been done many times before in this on amendment No. 990, with the time port their prescription drugs is a top Chamber. I am referring to an amend- equally divided between the Senator priority at the grassroots of America. ment to make sure there is certifi- from North Dakota, Mr. DORGAN, and It needs to be a top priority here in cation of health and safety. That the Republican leader or their des- Washington. amendment is designed to kill drug im- ignees. It is something that shows up in al- portation once again. It is a clever Who yields time? most every one of my town meetings amendment, but it is a poison pill. Our The Senator from Massachusetts. throughout Iowa. I have long advo- effort develops an effective and safe Mr. KENNEDY. Would the Senator cated allowing American consumers system. This amendment requires all from Wyoming yield me 3 minutes. access to safe drugs from other coun- imported drugs to be approved by the Mr. ENZI. Certainly. tries. I have always considered this Food and Drug Administration. That is Mr. KENNEDY. Mr. President, we more a free trade issue than I have a the right thing to do. The amendment now have an agreement that we are health or prescription drug issue. sets a stringent set of safety require- going to vote on cloture on the Dorgan Imports create competition and keep ments that must be met before Ameri- amendment. The Senator from North domestic industry more responsive to cans can import drugs into this coun- Dakota will be here to speak on that. consumers. In the United States—so try, and there are stiff penalties for He has a half hour. To bring our col- that I explain why I consider this a free violation. Don’t be fooled by this poi- leagues up to date, we have made very trade issue more than a health issue— son pill amendment. Voting for that good progress during the evening, we import everything. We allow every- amendment is a vote to kill drug im- clearing matters with the Members. thing that consumers might want to portation. That amendment surely will There are still a number of items that buy; based upon the quality they be up if we get beyond the cloture vote, we will want to accept. We will indi- choose and the price they choose, we the next vote. It is important that peo- cate to the Members the topical areas have allowed it to come into the coun- ple vote for cloture. so they will be familiar with the areas try if Americans want to buy from With the Dorgan amendment, we are that we are moving ahead on. But we overseas. Hopefully, they want to buy getting the job of safety done. We need have narrowed the areas of controversy American-made products. But we have to make sure Americans have even to probably four or five important considered free trade something that greater, more affordable access to won- areas where we may very well have has given consumers the best deal they der drugs by further opening the doors votes during the day. The rest we will can get. So why not do it for pharma- to competition in the global pharma- announce the agreements that have ceuticals as well as any other product ceutical industry. We must make sure been made with the particular Sen- people want to buy? they have access to affordable prescrip- ators on these issues. Consumers in the United States now tion drugs. We want to thank all of our col- pay far more for prescription drugs I urge my colleagues to vote for clo- leagues. This has been very construc- than consumers in other countries. If ture. tive. A number of these suggestions Americans could legally and safely ac- One additional editorial comment and ideas are extremely valuable. We cess prescription drugs from outside that is legitimate to maybe criticize will tell our colleagues the areas and the United States under a regulation GRASSLEY for voting for this amend- the content of these agreements as we that we established to guarantee safe- ment but a criticism that I think I move on through the day. ty, drug companies will be forced to re- would now explain; that is, that comes

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5527 from a very good fellow Member and proved prescription drugs, the identical to pay a 5.25-percent income tax rate. I friend of mine in the Senate who came FDA-approved drugs that are sold in would love to pay that. Everybody else up to me yesterday and said: Then other countries for a fraction of the would, as well. But the biggest compa- wouldn’t I be for having all restrictions cost of what they are sold for in this nies in our country got to repatriate a against ethanol coming into this coun- country. We believe the American peo- massive amount of money and save, I try done away with because I represent ple ought to be able to make the global estimate, about $100 billion in taxes a State that is very high in ethanol. economy work for them and ought to that should have been paid because I said the answer to that is twofold: be able to access those same prescrip- they got a 5.25-percent sweetheart deal. No. 1, all restrictions ought to go off tion drugs as long as they are in a So let me just turn to one drug com- when ethanol is no longer an infant in- chain of custody that makes them safe pany—Pfizer, a good company, one of dustry, and it is still an infant indus- and as long as they are FDA approved. the world’s biggest drugmakers. This is try. Secondly, and more importantly, I described them yesterday, and let from the New York Times of June 24, there is already a free importation of me, again, ask unanimous consent to 2005. It said it would return ‘‘$8.6 bil- ethanol in this country of up to 7 per- describe to my colleagues these two lion in overseas profits.’’ So the com- cent of our production, and we have bottles. bined repatriation of $36.9 billion—it not even reached that 7 percent impor- The ACTING PRESIDENT pro tem- had already announced $28.3 billion—so tation of ethanol. I will debate that pore. Without objection, it is so or- that makes it $36 billion they are repa- issue when the leeway within present dered. triating in profits they have made law allows. Mr. DORGAN. In these bottles is the overseas. The New York Times says So I do not think there is an incon- medication called Lipitor. Lipitor is that is four times what Pfizer spent on sistency on my part in what I said made in Ireland. It is a common choles- research and development last year. about the free entry from the mature terol-lowering drug taken by a good But isn’t it interesting that they industry of pharmaceuticals—maybe many Americans. As you can see, when charge lower prices for prescription not mature in biotechnology but surely made in the plant in Ireland, it is put drugs in other countries, they say they mature in pharmaceuticals. in these bottles—identical bottles— do not make money in other countries, I yield the floor. with a label that is blue in this case, yet when they get a big fat sweetheart The ACTING PRESIDENT pro tem- red in this case, otherwise identical. deal to pay a 5.25-percent income tax pore. Who yields time? The difference in this situation is that rate, they repatriate $36 billion. That Mr. DORGAN. Mr. President, I sug- this blue bottle is sent to Canada from is on the profit they made in other gest the absence of a quorum. Ireland, this red bottle is sent to the countries. It looks to me as if it is prof- The ACTING PRESIDENT pro tem- United States. It is the same pill, same itable selling these drugs at lower pore. The clerk will call the roll. bottle, made in the same manufac- prices in foreign countries. So much for The bill clerk proceeded to call the turing plant, FDA approved. that argument. roll. The difference? Well, the American The price discrepancy I have indi- Mr. DORGAN. Mr. President, I ask consumer is told: You get to pay twice cated previously. I used Canada as an unanimous consent that the order for as much for the identical drug. You get example, but I could use France, Italy, the quorum call be rescinded. to pay twice as much. Germany, Spain—it would not matter. The ACTING PRESIDENT pro tem- It describes a serious problem of Lipitor, 96 percent higher prices for pore. Without objection, it is so or- what I believe is the overpricing of pre- Americans; Prevacid, 97 percent higher dered. scription drugs in this country. We pay prices for Americans; Nexium, 55 per- Mr. DORGAN. Mr. President, I sug- the highest prices in the world for pre- cent higher prices; Zocor—the fact is, gest the absence of a quorum and ask scription drugs. I do not know of any- we are paying the highest prices for unanimous consent that the time in one in this Chamber who stands up and brand-name prescription drugs in the the quorum call be charged to both says: Let me sign up for that. Let me world, and it is unfair. We are trying to sides equally. tell you, I think it is right, I think it change that. The ACTING PRESIDENT pro tem- is fair, and I think it is important that What we are saying is: Let’s let the pore. Without objection, it is so or- the American consumers pay the high- global economy work for everybody, dered. est prices in the world for prescription not just the large pharmaceutical in- The clerk will call the roll. drugs. dustry. How about allowing it to work The bill clerk proceeded to call the I do not think anybody stands up for regular folks, to buy a safe FDA-ap- roll. here and claims that. What they claim proved prescription drug, for example, Mr. DORGAN. Mr. President, I ask is, if they do not get that kind of from a Canadian pharmacy. unanimous consent that the order for money, they will shut down research Can anybody give me one reason why the quorum call be rescinded. and development, and they are forced a U.S.-licensed pharmacist should not The ACTING PRESIDENT pro tem- to charge lower prices overseas because be able to go to a licensed pharmacist pore. Without objection, it is so or- those governments overseas won’t in Winnipeg, Canada—both licensed, dered. allow them to make money. both with an identical chain of cus- Mr. DORGAN. Mr. President, let me Let me show you what happened a tody—why a U.S.-licensed pharmacist yield myself 5 minutes from the time while ago. This Chamber—without my should not be able to go to a licensed allotted. support because it was a foolish thing pharmacist in Canada and acquire an Mr. President, the vote that will to do—said: Do you know what. We FDA-approved drug, such as occur at 10:30 or thereabouts is a vote want to say to the biggest economic in- Tamoxifen, at one-fourth or one-fifth that will determine whether we can terests in our country, the biggest of the price charged in the United proceed to have a vote on my amend- companies that have moved American States and pass the savings along to ment. It is called a cloture vote—to jobs overseas and make investments the consumer? I am not asking for five shut off debate so we can move to the overseas, we want to say to them that reasons. I am asking: Can anyone give amendment I have offered. I wish to re- if you make profits overseas, we will me one reason why that should be pro- mind my colleagues again of what this allow you to repatriate those profits hibited? I think the answer is that amendment is. into this country, back here, and you there is not a good reason why we This amendment is a bipartisan get to pay a special tax rate. should prohibit that sort of thing. amendment sponsored by 33 Senators, Normally, when a company repatri- So we will have a vote on this amend- Republicans and Democrats—Senator ates its profits made elsewhere, it pays ment. My hope is we will be able to in- GRASSLEY, who just spoke, myself, Sen- normal income tax rates. But this Con- voke cloture so we will be able to pro- ator SNOWE, Senator MCCAIN, Senator gress said to them: Do you know what. ceed to the amendment. There will be a KENNEDY, Senator STABENOW; a wide We will give you a special deal, a big Cochran amendment to my amend- range of Senators, Republicans and fat tax break. If you repatriate your ment, a second degree, and then a vote Democrats—who believe U.S. citizens foreign profits, you get to pay a 5.25- on my amendment. My hope is we will ought to be able to purchase FDA-ap- percent income tax rate. Nobody gets be able to do that today.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5528 CONGRESSIONAL RECORD — SENATE May 3, 2007 Mr. President, I yield the floor. for those who are charged with certi- When we look at the prospects these The ACTING PRESIDENT pro tem- fying the efficacies of drugs, protecting companies are offering, we want to en- pore. Who yields time? our citizens from dangerous drugs, courage the research. I heard this The Senator from Wyoming. counterfeit drugs, to do their job. This morning about an inoculation that Mr. ENZI. Mr. President, I yield 10 is going to make it much more dif- could be sufficient, given one time to minutes to the Senator from Mis- ficult. women, that could prevent sissippi. This is not the first time the Senate osteoporosis. What a wonderful thing. The ACTING PRESIDENT pro tem- has been asked to make a decision on Recently, we have had a product come pore. The Senator from Mississippi. this amendment or amendments simi- to the market called Gardasil. It says Mr. COCHRAN. Mr. President, I am lar to it. On three different occasions that young women who receive an in- on the floor to urge the Senate not to the Senate has, without objection, or jection of Gardasil can be protected invoke cloture. This is a very serious on a vote—one vote was 99 to nothing— against cervical cancer for their lives. amendment the Senator from North rejected this amendment. There have What a wonderful thing that is. Lipitor Dakota has proffered and is being con- been votes that have been closer. Re- has been known for some time to re- sidered by the Senate, and it should at- cently, I think Senators have gotten duce plaque gathering in the valves and tract the attention and careful review the message this is not an amendment the veins that lead to the heart. We of all Senators. that is going to achieve the goals that want to encourage that kind of devel- I noticed in the Washington Post, in the proponents who are offering it say opment, and our goal is to make sure an article on Thursday, May 3, the edi- it will. There will be some cheaper these workers continue developing life- torial writer says—of the amendment drugs coming into the country—but saving medications and at the same the Senator from North Dakota has of- maybe temporarily—for the reasons time lower costs and increase access to fered, which ‘‘would allow the importa- that have been pointed out by others these drugs. tion of prescription drugs from other and in the Washington Post editorial I support the efforts to lower pre- countries,’’ which he claims and other this morning. scription drug prices, and I understand supporters claim ‘‘would let cut-rate So I am hopeful Senators will care- the appeal of reimportation, as long as pharmaceuticals flow into the United fully look at the situation we face. The we are absolutely assured of the safety States’’ allegedly ‘‘saving ailing Amer- intent, of course, is certainly laudable, and efficacy of these products. So if we icans untold amounts of money.’’ But but we have an overriding responsi- are going to trust drugs imported from here is the catch, and I quote from the bility to make sure medications pur- other countries, we need to be sure editorial: chased by American citizens in the they are as effective and completely This is a mirage; importation will not United States are safe and that those safe. We cannot put our citizens in the solve the problem of drug pricing. U.S. drug are decisions made by the regulators position of buying medicine they think firms sell prescription medications to coun- and the inspectors in the United States will lower their cholesterol or prevent tries such as Canada at low prices, a situa- who have the responsibility of making heart disease only to find out years tion that would quickly change if Canadian those decisions. So I am hopeful the later the drug was a fake. distributors started to recycle large quan- Senate will not vote to invoke cloture. According to the World Health Orga- tities of drugs back to the United States. If it does, we will talk a little more nization, up to 10 percent of all drugs Another fact in this debate that about the situation. But up until that sold across the globe are counterfeit. should not be overlooked is that Presi- point, I hope Senators will review the We heard debate about the countries dent Bush has threatened to veto the history of the Senate on this subject that some of these drugs come from. If bill if it contains this language. and vote against the motion to invoke we want to give consumers the chance So to achieve our goal of helping to cloture. to buy drugs imported from other ensure safe and unadulterated prescrip- The PRESIDING OFFICER (Mr. countries, we have to insist these drugs tion drugs marketed in the United OBAMA). The Senator from Wyoming is are authentic, reliable, and safe. States are safe, we need to have the recognized. That is why the Senate has, on three Federal agencies that have the respon- Mr. ENZI. Mr. President, I yield 5 prior occasions, required the Depart- sibility of assuring that safety to be in minutes to the Senator from New Jer- ment of Health and Human Services to charge of certifying that. sey. certify that importation be without ad- So I have offered an amendment to Mr. LAUTENBERG. Mr. President, ditional risk to the public health while the Dorgan amendment—if cloture is we have an interesting challenge in it reduces costs. That is why I intend invoked, it will be subject to consider- front of us today. All of us support to support the Cochran second-degree ation—that says unless the Food and drug availability at affordable prices. amendment, and I encourage my col- Drug Administration or the Depart- The challenge that brings us to the leagues to do the same thing. Let’s ment of Health and Human Services floor today is how to ensure that pre- make sure what we are telling the pub- can certify and vouch for the safety scription drugs used by Americans are lic to buy is absolutely safe, harmless, and efficacy of imported drugs, this both affordable and safe. That is the and can improve life’s qualities. amendment would not be operative. goal for all of us, I believe, in the Sen- The PRESIDING OFFICER. The Sen- And we have been told by administra- ate. ator’s time has expired. tion officials they cannot make that We trust the drugs we get at our Mr. LAUTENBERG. Mr. President, I certification. They do try. We all try to local pharmacies, our neighborhood ask unanimous consent for 30 seconds help by working together to ensure pharmacies, are safe because they go more. that what the consumers are buying is through a rigorous FDA approval proc- The PRESIDING OFFICER. Without what the labels on the drugs say they ess, and a series of tests and inspec- objection, it is so ordered. are. But we have seen in recent years a tions are done before they reach our Mr. LAUTENBERG. Mr. President, growing threat from counterfeit drugs medicine chests. Those drugs improve, the Cochran amendment would require that are made in other countries—not extend, and save lives. the same certification this body has Canada necessarily but other coun- I am proud so many of these drugs approved three times before—to guar- tries—which could be transshipped originate in my home State. In fact, antee prescription drugs and provide through Canada or could be mailed di- more than half the medicines approved consumers peace of mind, knowing that rectly to purchasers in the United by the FDA in 2001 were developed by the drugs they are taking are safe and States that aren’t what they say they 70,000 hard-working people employed in effective no matter where they origi- are. Some are even dangerous. Some the pharmaceutical companies of New nated. contain nothing at all—nothing that is Jersey. These companies have received Mr. President, I yield the floor. effective to do what the drug is sup- more than 11,000 patents for their prod- The PRESIDING OFFICER. The Sen- posed to do. ucts since 1985 for their innovative ator from Mississippi is recognized. So we are already confronted with a work. Many of these products are life- Mr. COCHRAN. Mr. President, I ask serious problem. This is going to make extending and limit often painful and unanimous consent that the article I it much worse and exceedingly difficult debilitating conditions. referred to from the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5529 washingtonpost.com be printed in the Mr. ENZI. I yield 4 minutes to the the standard when the population at RECORD, and I thank the distinguished Senator from North Carolina. large is exposed to that medication to Senator from New Jersey for his excel- Mr. BURR. Mr. President, I thank make sure that, in fact, unintended lent statement. We urge the Senate to the ranking member. consequences are fully investigated. To reject this motion to invoke cloture. I find it somewhat ironic that we are accept the importation of foreign drugs There being no objection, the mate- on the floor to discuss an amendment is to open the door for a cottage indus- rial was ordered to be printed in the to a drug safety bill which would allow try today to become a mega industry RECORD, as follows: drugs to be imported freely from any tomorrow by supplying counterfeit [From the Washingtonpost.com, May 3, 2007] country around the world. Maybe I am drugs with no active ingredient, with ALMOST THE RIGHT RX the only one who finds some irony in the potential that there are ingredients Legislation to give the FDA important new that. We are constructing a mechanism in it that are adulterated, that will not powers can do without one provision in this country to set up a system of only not solve the health problems but, While most attention this week has been surveillance, to recognize red flags that as has been proven in the pet food sup- focused on the Iraq supplemental appropria- may suggest to us we need to look ply, could kill. Now, when people die, tions bill, the Senate also has been debating deeper into the unintended con- we put the standards higher than we do far-reaching legislation to give the Food and sequences of drugs that have already the standards of reimportation or im- Drug Administration a long-needed increase been proven safe and effective; and we portation of drugs. I urge my colin its regulatory powers. A very unneeded go even further than that and codify amendment, however, is threatening the bill. leagues to at least accept the Cochran The bill would reauthorize the system of into law a very regimented process for amendment which puts a safety stand- user fees that the FDA charges pharma- the Food and Drug Administration to ard in, but do not pass this importation ceutical companies and manufacturers of go through if, in fact, it is triggered legislation. medical devices. Congress approved this ar- that there might be a problem. Then, The PRESIDING OFFICER. The Sen- rangement in 1992 to speed FDA decision in the same bill, because of the outrage ator’s time has expired. making and get needed drugs onto the mar- over the concerns we have for prescrip- The Senator from North Dakota is ket more efficiently. User fees account for a tion drugs, now we are going to say to recognized. large portion of the FDA budget, but the Mr. DORGAN. Mr. President, my col- agency’s authority to collect them expires in the Chinese: continue to manufacture, September. There is broad support not only continue to ship in, and these products league is apparently going to win a de- for maintaining the system but for increas- may not even have an active ingre- bate we are not having: that this is a ing the amount of fees that the FDA can col- dient. bill that will allow the import of pre- lect. We adopted Senator DURBIN’s amend- scription drugs from any country Attached to the must-pass user fees meas- ment that related to pet food safety around the world. I don’t know of that ure are a number of important enhancements standards. Well, what this suggests to piece of legislation, but if it exists, I to the FDA’s regulatory authority and re- me is that for us to consider the impor- will be happy to vote against it. That sponsibilities. Under the legislation, the tation or reimportation of drugs is to agency would be required to collect massive is not what this amendment is. This amounts of data on prescription drug use say we put pet food above the drug amendment doesn’t allow imported from public and private sources after drugs chain for the American people, that we drugs from anywhere around the world have been approved, to detect harmful side are willing to put more standards on at all. So I am not interested in losing effects and other dangers that testing before pet food today than we are on the im- a debate I am not involved in. This de- approval might have missed. The FDA would portation of these drugs. bate is about a piece of legislation, also be able to require drug companies to Passage of the Medicare prescription carefully constructed, in which we alter warnings and other information on la- Part D plan, which was a year ago, low- allow imported drugs from countries bels. And, critically, the agency would have ered significantly the pressure that which have been judged to have a safe the power to order drug trials after a drug’s was felt to obtain drugs over the Inter- approval in certain cases. supply of drugs. All of these reforms would lead to better- net or drugs from other countries. Let me give an example of testimony informed regulators, patients and doctors. Why? Because in the first year, we from David Kessler. I would say if you Everyone has an interest in enhancing the have seen a 33-percent reduction in the could find an expert better on these data available to the government and, ulti- price of those pharmaceuticals for our subjects than David Kessler, I would mately, the public on prescription drugs Medicare-eligible population. It is not like to hear the name. He ran the FDA after they enter the market. Compiling more that all the pressure is off, but I am for 8 years and has been identified by evidence more quickly would help detect not sure the remaining pressure is problems with new prescription medications everybody as an outstanding FDA faster and with greater accuracy and assist going to be alleviated by providing a Commissioner. Here is what he says. consumers in making reasoned choices about drug supply that has no active ingre- The Dorgan-Snowe bill provides: the drugs they take. dient or that denies consumers the se- A sound framework for assuring that im- Complicating the bill’s prospects for pas- curity of knowing they are going home ported drugs are safe and effective. Most no- sage, however, is an amendment from Sens. and they are taking their drugs but tably, it provides additional resources to the Byron L. Dorgan (D–N.D.) and Olympia J. then they suffer the consequences of agency to run such a program, oversight by Snowe (R–Maine) that would allow the im- ending up in an emergency room be- the FDA of the chain of custody of imported portation of prescription drugs from other cause they didn’t get the active ingre- drugs back to the FDA-inspected plants, a countries, a proposal that supporters claim mechanism to review imported drugs to en- would let cut-rate pharmaceuticals flow into dient they needed. sure that they meet FDA’s approval stand- the United States, saving ailing Americans Last year, 1.7 million tablets of coun- ards, and the registration and oversight of untold amounts of money. This is mirage; terfeit Viagra were uncovered; 1 mil- importers and exporters to assure that im- importation will not solve the problem of lion tablets of Lipitor that were, in ported drugs meet these standards and are drug pricing. U.S. drug firms sell prescrip- fact, counterfeit; and a half a million not counterfeit. tion medications to countries such as Can- tablets of Norvasc were seized in China. All of this discussion about counter- ada at low prices, a situation that would What is unfortunate is China is not feit that is happening today, under to- quickly change if Canadian distributors the only country in the world where we day’s rules, without importation. That started to recycle large quantities of drugs have created a cottage industry of pro- back to the United States. Further, Presi- is a specious issue. Dr. David Kessler dent Bush has threatened to veto the bill if ducing drugs that look just like the says it provides a sound framework for it contains such language. For the sake of ones we sell in a pharmacy but that we assuring that imported drugs are safe common sense, and to enhance the chances regulate at a gold standard that many and effective. of urgently needed legislation, the Senate on this floor have tried to protect Let me show you a chart from Dr. should reject the importation amendment every time we debate legislation that Rost. I mentioned earlier that they before passing the bill. is about the Food and Drug Adminis- have been doing this for 20 years in Eu- The PRESIDING OFFICER. The Sen- tration. We are here today to assure rope. Dr. Peter Rost, former vice presi- ator from North Carolina is recognized. the American people that we are rais- dent of marketing at Pfizer, said: Mr. BURR. Mr. President, if I could ing the gold standard—that it is not During my time responsible for a region in ask the ranking member for a few min- just the bar of where we determine northern Europe, I never once—not once— utes to speak about reimportation. safety and efficacy but we are raising heard the drug industry, regulatory agency,

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5530 CONGRESSIONAL RECORD — SENATE May 3, 2007 the government, or anyone else saying that from Latin America. Other foods they a widely prescribed breast cancer drug this practice was unsafe— eat come from as far away as China. that ended up costing Vermont women He was talking about importation of Billions of dollars of food imports come one-tenth the price they had to pay in prescription drugs. If you are in Ger- into this country, but I don’t hear any- the United States. many and you want to bring a drug in body in this body standing up and say- In our country today, there are peo- from France, you can do it through ing, oh, we have a problem about food ple struggling very hard with terrible what is called parallel trading. If you safety or food coming from other coun- illnesses who have no health insurance are in Spain and want to bring a drug tries. They come in. and who need their prescription drugs. in from Italy, you can do that. So he There is a problem—and I don’t hear Some of them simply cannot purchase said not once has anybody raised the it too often here, but somehow the U.S. their prescription drugs. Some are tak- issue that this practice was unsafe. Government, with the FDA, cannot ing money out of their food budget to He also said: regulate a small number of drug com- buy their prescription drugs. We are a Personally, I think it is outright deroga- panies so that we can safely bring in great nation in many respects. But the tory to claim that Americans would not be prescription drugs from Canada and time is long overdue for Members of able to handle reimportation of drugs, when other industrialized countries so that, the Senate, for Members of the House, the rest of the educated world can do this. as a result, we can substantially lower to reclaim this institution from the That is the fact. One other thing: the the cost of medicine for millions and powerful special interests. Congressional Budget Office says this millions of Americans. This is absurd. Today is a day of reckoning. This is amendment will save $50 billion in 10 Of course, we can safely regulate the very important legislation. This can years. The leading expert says there is flow of medicine coming into this drive the price of prescription drugs no safety issue. We have a regime in country. down by 25 to 50 percent. Let’s stand this bill that provides for safety. So The real issue is not the safety of together and, for those Members who the question isn’t on all of these ancil- medicine. The real issue is the power of are wavering on the issue, who think lary issues—by the way, the Wash- the pharmaceutical industry, the most they cannot vote for it, I hope at least ington Post doesn’t take on this issue powerful industry in terms of lobbying they will support cloture to allow us to with respect to safety. It says there is, impact in the United States of Amer- continue this debate and to finally in fact, a problem with drug pricing. I ica. If you think the oil companies are lower the cost of prescription drugs for will read it. They don’t want this powerful, take a look at the drug com- the American people. passed, but the reason is they are wor- panies. If you think the banks are pow- The PRESIDING OFFICER. The Sen- ried it will undercut the underlying bill erful, take a look at the drug compa- ator from Wyoming is recognized. because the President will veto it. nies. Today, we are living under a Mr. ENZI. Mr. President, what is the Here is what the President said when Medicare Part D prescription drug pro- time situation? he was running in 2000. He was asked: gram that was written by the drug The PRESIDING OFFICER. The Sen- What about importing drugs? companies, for the drug companies. ator from Wyoming has 10 minutes. The Senator from North Dakota has 31⁄2 The President said: Today, billions of dollars of taxpayer money goes into research and develop- minutes. Well, if it is safe, then it makes sense. ment for new medicines that go to ben- Mr. ENZI. Mr. President, I rise to op- Obviously, he was telling those at that de- pose cloture on the amendment. I find bate that he thinks it makes sense if it is efit the drug companies, while the safe. How about consulting Dr. David American people do not get reasonable it ironic that in the midst of the work Kessler, who says it is safe and effective, as prices for the products they help to on the biggest drug safety reform in we have described it in this legislation. So produce. the last decade, perhaps longer than what the Washington Post says—because the Mr. President, since 1998, the phar- that, we are even considering the issue President threatened to veto the bill—they maceutical industry has spent over $900 of drug importation. are talking about ‘‘importation will not million on lobbying activity—$900 mil- Our drug safety bill is an acknowl- solve the problem of drug pricing.’’ lion. That is more than any other in- edgment that we don’t have things Apparently, the Washington Post dustry. Today, there are over 1,200 pre- quite right in our domestic drug safety thinks there is a problem in drug pric- scription drug lobbyists right here on system. I am baffled that we want to ing. What is that problem? To respond Capitol Hill and throughout this coun- take on all the hard work and effort to to my colleague’s comments, in the try. Do you know what their job is? fix our drug safety problems and throw first quarter of 2007 we had the largest Their job is to make sure in the United it away by opening our borders to for- price increase in prescription drugs in States of America we continue to pay, eign drugs. this country in 6 years. The American by far, the highest prices in the world When I was Chairman of the HELP Association of Retired Persons, AARP, for the medicine we use. Committee, we held three hearings on said in 2006 the price of prescription If you have a chronic illness, there is drug importation. The witnesses at the drugs rose four times the rate of infla- a strong likelihood you will be paying hearings raised a number of problems tion. There is no problem? I think two times as much for the same medi- and questions about importation in there is a problem. The Washington cine as our friends in Canada or Europe general, and this bill in particular. In Post says there is. The numbers show pay. Why is it that the same medicine, fact, one of those hearings was entirely there is a problem. manufactured in the same factory, about this bill. At that time, I asked The question is, Are we going to costs us, in some cases two times, and my colleague from North Dakota if he solve the problem, or are we going to in some cases three times, as much would work with me to develop a punt it down the road one more time? money as it costs our Canadian and Eu- State-based pilot program for drug im- Mr. President, I yield 5 minutes to ropean friends? portation. He turned me down. He was my colleague from Vermont. The answer is pretty simple. It has convinced then, as he is now, that this The PRESIDING OFFICER. The Sen- everything to do with the power of the bill is the way to go. I would like to ator from Vermont is recognized. pharmaceutical industry and the enor- take these kinds of proposals in small Mr. SANDERS. Mr. President, I con- mous amounts of money they spend on chunks, if we are going to have to take gratulate my colleague from North Da- lobbying, on campaign contributions, them, to ensure we don’t create a kota for the extraordinary and com- on advertising, and the pressure they large-scale disaster. I hope we are not prehensive outline of this issue that he put on Members of the United States going to create a disaster here by ac- has made not only today but in the Congress. cepting this amendment without fur- past. Mr. President, I have been involved ther consideration. Mr. President, every single day in in this issue for a number of years. I I respectfully suggest that this bill is this Congress, and throughout Amer- have been involved in it in an emo- not the way to go, and even if it were, ica, people sit down and eat their let- tional way because I was the first this isn’t the time for it to go there. tuce and tomato and their salads. Member of Congress to take constitu- We have heard a lot of comments about Their tomatoes come from Mexico, ents over the Canadian border to pur- the Washington Post editorial, and I Latin America, and their lettuce comes chase, in that case Tamoxifen, which is refer people to that editorial. They

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5531 cover a number of factors, but they do ten to what they say. But it is defi- The Congressional Budget Office says emphasize that the main bill, the safe- nitely food for thought on this bill. It this amendment will save $50 billion ty bill—the FDA safety reform bill will take away a major reform that we over 10 years. Why would they say that we are working on—is a very im- could have by throwing something else that? Precisely because the Wash- portant bill. They do recognize this in that we need to discuss more. ington Post acknowledges there is a amendment would add some very I ask my colleagues to oppose cloture pricing problem with prescription strong complications to it. The Sen- for the sake of the safety of our drug drugs in our country. There will be a ator from North Dakota suggests we supply. Let’s get it fixed at home be- $50 billion savings over 10 years. read the bill. You know, that is a good fore we try to open it up to the world. I mentioned that in the first quarter suggestion for anything we cover Mr. President, how much of my time of this year the price of prescription around here. I make an effort to read remains? drugs had the largest increase in 6 all of the bills we do, and I have read The PRESIDING OFFICER. The Sen- years in this country. Last year, 2006, this one. I hope everybody takes a look ator has 5 minutes. according to AARP, it rose four times at this one. Mr. ENZI. Mr. President, in order to the rate of inflation. I think you will vote against cloture allow the Senator from North Dakota There is a pricing problem with pre- if you read the bill. It is a roadmap to to have the final word, since it is his scription drugs. The identical drug loopholes. Yes, every time somebody amendment, I ask people to vote FDA approved, same pill, put in the brings up a potential safety issue, they against cloture. same bottle, made by the same com- stick another clause in there that I yield back the remainder of my pany, is sent virtually every other might cover that gap. But it shows time. place in the world at a lower price, and where the gaps are most likely. They The PRESIDING OFFICER. The Sen- the American consumer is told: You keep adding paragraphs to try to patch ator from North Dakota. know what, we have a special deal for up these loopholes. We have an amend- Mr. DORGAN. Mr. President, I thank you. You get to pay the highest price ment that would have been a second my colleague from Wyoming. I regret in the world. degree, but it was too late for it to be he cannot be a supporter of cloture and The question is whether this Con- submitted as a second degree, so it is a the amendment. I respect and under- gress will decide that special deal of first-degree amendment that would stand his position. We disagree, and I the highest price in the world ought to deal with anti-counterfeiting. do so respectfully. stop. I hope this Congress will decide That is another area that has to be I do wish to mention one thing with we are going to stand with the con- looked at carefully. The Senator from respect to a pilot program. Following sumers. Yes, we are going to insist on Vermont talks about taking people that hearing, I did put together a pilot safety, but we are going to stand with into Canada to buy drugs. Well, you project and went to Tommy Thompson. consumers. There is a pricing problem. know they are going to the exact phar- I went down to his office and made a This amendment is one way to fix that macy at that point. They are not going presentation of a northern plains pilot problem in a manner that is safe and through the Internet or through the project on prescription drugs. He felt effective. telephone. These drugs can be inter- like he couldn’t move forward with it. Finally, Mr. Rost says that for 20 cepted—there are false sites that are I do want to say what he said to me years, they did this in Europe. He said: set up out there, and people may think after he left Health and Human Serv- I think it is outright derogatory to claim they are getting drugs from Canada, ices. I met him in the elevator outside that Americans would not be able to handle but are actually getting them from the Senate Chamber one day after he reimportation of drugs, when the rest of the Saudi Arabia and other places around left being Secretary. I badgered him a educated world can do this. the world. It is so easy to get informa- lot about the issue of reimportation. Of course, we can do this. Of course, tion and believe it is coming from a As I got off the elevator and he was we can allow someone to go to Canada particular location—they may even getting on, we greeted each other. I and buy from a Canadian drugstore imply it is a particular location to get liked him. I thought he was a good that has as safe a chain of custody as the consumer’s confidence. There are Health and Human Services Secretary. we do and buy prescription drugs, in so many ways they can mislead con- He said: By the way, Byron, you keep this case Lipitor, for half the price that sumers and it may not be that loca- working on the imported drug issue. is being charged 5 miles south across tion. To try to solve some of that, Sen- You are right about that. That was the border. ator GREGG has an amendment that after he left Health and Human Serv- Why on Earth should the global econ- would perhaps tighten up the Internet ices. omy not be able to work for average problems. But look at that, too, and Let me again respond with respect to folks? The pharmaceutical industry you will see there are problems if you David Kessler. All this talk about safe- imports all of these drugs. Why should are not getting it directly from the ty. First of all, this is where this the average person in this country not pharmacy. amendment belongs, on this bill. This be able to put downward pressure on I am a strong supporter of people get- improves the bill. It doesn’t detract prescription drug prices by being able ting drugs from their local pharmacist, from safety issues at all. It does ad- to access FDA-approved drugs from the one who will help you interpret all dress something not addressed in this other countries, such as Canada and of the sheets of paper that come with bill, and that is a serious pricing prob- other countries, that have a supply of the prescription. They are going to lem with prescription drugs in our safe drugs. That is what our amend- know what other drugs you are taking country. ment does. It is the right thing to do. and if there are possible interactions. There is no answer to this that I have Mr. President, how much time re- Local pharmacists are the most valu- heard in all the discussion. David mains? able asset we have in the entire phar- Kessler, head of FDA for 8 years—I The PRESIDING OFFICER. The Sen- maceutical chain. But bills like this think he is the expert on these issues— ator’s time has expired. work against them and may have con- said: The Dorgan-Snowe bill ‘‘provides Mr. DORGAN. Then I yield the floor, sequently put them out of business. a sound framework for assuring that Mr. President. That is going to be a tragedy for Amer- imported drugs are safe and effective.’’ CLOTURE MOTION ica. He says they will be safe and effec- The PRESIDING OFFICER. Under I have read the amendment. I encour- tive. Why would someone go to some the previous order, pursuant to rule age people to read it and look at the fraudulent Web site, as was discussed, XXII, the Chair lays before the Senate complexity of the amendment and look or maybe go to a bad Web site, why the pending cloture motion, which the at the loopholes they are suggesting would somebody go to a bad Web site in clerk will report. they have fixed. See if you think this order to import prescription drugs if a The assistant legislative clerk read patchwork fixed them. But I also ask Web site by the FDA exists that would as follows: that you look at what the Washington describe where they can access these CLOTURE MOTION Post said, and I am not one of those prescription drugs safely? Those are We, the undersigned Senators, in ac- who normally advocates that you lis- specious arguments. cordance with the provisions of rule

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5532 CONGRESSIONAL RECORD — SENATE May 3, 2007 XXII of the Standing Rules of the Sen- McConnell Stevens Voinovich washingtonpost.com article, which is Murkowski Sununu ate, hereby move to bring to a close de- Roberts Thomas printed in the RECORD now, which sup- bate on the Dorgan amendment No. 990 ports this effort and talks about the to S. 1082, the FDA Revitalization bill. NOT VOTING—9 importance of certification to the con- Byron L. Dorgan, Dick Durbin, Claire Biden Dodd Johnson suming public. We have a lot of infor- McCaskill, John Kerry, Ted Kennedy, Bingaman Graham McCain Brownback Hatch Warner mation. We will be happy to discuss the Amy Klobuchar, Sherrod Brown, Ken details with any Senator who is unde- Salazar, Mark Pryor, Daniel K. Inouye, The PRESIDING OFFICER (Mr. cided about approving this amendment, Chuck Schumer, Harry Reid, Ron BROWN.) On this vote, the yeas are 63, Wyden, Dianne Feinstein, Carl Levin, but I hope the Senate can adopt this the nays are 28. Three-fifths of the Sen- amendment. Blanche L. Lincoln. ators duly chosen and sworn having The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Sen- voted in the affirmative, the motion is ator from Wisconsin is recognized. imous consent, the mandatory quorum agreed to. call has been waived. AMENDMENT NO. 991 AMENDMENT NO. 1010 The question is, Is it the sense of the Mr. KOHL. Mr. President, I ask unan- Mr. COCHRAN. Mr. President, I have Senate that debate on amendment No. imous consent to set aside the pending an amendment at the desk. It is to S. 990, offered by the Senator from North amendment so I may call up my 1082. I propose this amendment in my Dakota, to provide for the importation amendment, amendment No. 991, and I behalf and in behalf of Senators CAR- of prescription drugs shall be brought ask for its immediate consideration. PER, NELSON of Nebraska, HATCH, BEN- to a close? The PRESIDING OFFICER. Is there NETT, ENZI, BURR, and MENENDEZ. I ask The yeas and nays are mandatory objection? the amendment be stated or reported. Mr. ENZI. I object. under the rule. The clerk will call the The PRESIDING OFFICER. The roll. The PRESIDING OFFICER. Objec- amendment of the Senator is already tion is heard. The assistant legislative clerk called pending. The Senator may proceed. Mr. ENZI. There is still a lot of work the roll. Mr. COCHRAN. Mr. President, the being done on this amendment. Sen- Mr. DURBIN. I announce that the purpose of this amendment is to re- ator KYL and others are involved in it Senator from Delaware (Mr. BIDEN), quire, before importation can be under- and would not want the debate until we the Senator from New Mexico (Mr. taken, a certification by the Secretary had more chance to work on it. BINGAMAN), the Senator from Con- of Health and Human Services or the Mr. KOHL. I will offer the amend- necticut (Mr. DODD), and the Senator Food and Drug Administration that ment after that. from South Dakota (Mr. JOHNSON) are the importation of the drugs will in- Mr. President, I rise to speak to necessarily absent. deed have an economic benefit to the amendment No. 991, which is supported I further announce that, if present consumers who buy those drugs and by Senators GRASSLEY and LEAHY. I and voting, the Senator from Delaware that they are safe and not harmful for thank my colleagues for their support. (Mr. BIDEN) would vote ‘‘yea.’’ human consumption. Our amendment is in almost all re- Mr. LOTT. The following Senators We have had discussions over the last spects identical to S. 316, the Preserve are necessarily absent: the Senator several years, really, with administra- Access to Affordable Generics Act, from Kansas (Mr. BROWNBACK), the tion officials who have been very con- which passed the Judiciary Committee Senator from South Carolina (Mr. GRA- cerned that the importation of drugs unanimously earlier this year. HAM), the Senator from Utah (Mr. that would be permitted by the Dorgan Our amendment will prevent one of HATCH), the Senator from Arizona (Mr. amendment needs to be balanced by the most egregious tactics used to keep MCCAIN), and the Senator from Vir- the interest we have in protecting the generic competitors off the market, ginia (Mr. WARNER). integrity of the marketplace so no leaving consumers with unnecessarily Further, if present and voting, the counterfeit drugs are imported, cre- high drug prices. The way it is done is Senator from Utah (Mr. HATCH) and the ating the impression that they are simple—a drug company that holds a Senator from South Carolina (Mr. GRA- something that they are not. patent on a brandname drug pays a ge- HAM) would have voted ‘‘nay.’’ This is a very real problem. I recall neric drugmaker to not put a com- The PRESIDING OFFICER. Are there having meetings here in the Senate peting product on the market. The any other Senators in the Chamber de- with members of the committees with brandname company profits so much siring to vote? jurisdiction, learning about the grow- by delaying competition that it can The yeas and nays resulted—yeas 63, ing problem and the continuing in- easily afford to pay off the generic nays 28, as follows: crease in instances where postal in- company. And the generic company [Rollcall Vote No. 150 Leg.] spectors and others who are charged can also make much more money by YEAS—63 with the responsibility of enforcing our simply accepting this pay-off settle- Akaka Feinstein Nelson (NE) laws and protecting American con- ment. The losers are the American peo- Baucus Grassley Obama sumers are finding that drugs which ple, who would continue to pay unnec- Bayh Harkin Pryor are manufactured in other countries— essarily high drug prices for years to Boxer Inouye Reed Brown Kennedy Reid not Canada necessarily but in India, in come. Byrd Kerry Rockefeller Asia, in South America—are counter- Our amendment is basically very Cantwell Klobuchar Salazar feit. They look like the real thing. The simple—it will make these anti- Cardin Kohl Sanders labels look like the legitimate and or- competitive, anticonsumer patent pay- Carper Landrieu Schumer Casey Lautenberg Sessions dinary labels you see on the drugs offs illegal. We will thereby end a prac- Clinton Leahy Shelby being purchased, but they are not what tice seriously impeding generic drug Coburn Levin Smith they say they are. competition, competition that could Coleman Lieberman Snowe This is a very difficult issue to deal save consumers literally billions of dol- Collins Lincoln Specter Conrad Lott Stabenow with. What we are asking in this lars in health care costs. Corker Martinez Tester amendment is that the Senate insist Despite the FTC’s opposition, recent Craig McCaskill Thune that if drugs are going to be imported, court decisions have permitted these DeMint Menendez Vitter Dorgan Mikulski Webb then there has to be a certification by backroom payoffs. And the effect of Durbin Murray Whitehouse the FDA or the Department of Health these court decisions has been stark. In Feingold Nelson (FL) Wyden and Human Services that they are safe the year after these two decisions, the NAYS—28 for human consumption, that they FTC has found, half of all patent set- Alexander Cochran Gregg have not been tampered with, and that tlements—14 of 28—involved payments Allard Cornyn Hagel they are not counterfeit. from the brandname to the generic Bennett Crapo Hutchison I hope the Senate will approve this manufacturer in return for an agree- Bond Dole Inhofe amendment to the Dorgan amendment. ment by the generic to keep its drug Bunning Domenici Isakson Burr Ensign Kyl I don’t know of anything else to say. I off the market. In the year before these Chambliss Enzi Lugar submitted, in earlier comments, a two court decisions, not a single patent

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5533 settlement reported to the FTC con- Mr. KENNEDY. Mr. President, the ment, with cosponsors, is currently tained such an agreement. Kohl amendment seeks to end abuse of pending, I believe, or has been appro- When brandname drugs lose their the system for bringing generic drugs priately offered and is pending. I would patent monopoly, this opens the door to the market. Under Hatch-Waxman, like to make a couple of comments for consumers, employers, third-party there is a sensible and balanced system about the vote we will have at some payers, and other purchasers to save for rewarding generic drug makers who point in the future on the Cochran billions—63 percent on average—by enter the market first, but some com- amendment. And what I would like to using generic versions of these drugs. A panies have subverted this balanced do is go through so that all of our col- recent study released earlier this year system. leagues understand what is in the un- by Pharmaceutical Care Management Instead of allowing market forces to derlying bill. Association, showed that health plans bring medicines to consumers at lower I indicated earlier that one of my col- and consumers could save $26.4 billion prices, companies collude to deny con- leagues stood up and said the legisla- over the next 5 years by using the ge- sumers the benefit of the lower cost tion we had offered would allow drug neric versions of 14 popular drugs that drugs through ‘‘reverse payments.’’ Es- importation from any country in the are scheduled to lose their patent pro- sentially, there is a payoff from the world, and that is not true. There is no tections before 2010. brand drug companies to the generic such debate on a bill that doesn’t exist. We have heard from some in the ge- companies to split the benefits of the Mr. President, I have a piece of infor- neric drug industry that on occasion incentives provided under Hatch-Wax- mation distributed by Pfizer Corpora- tion that is opposed to my amendment. these patent settlements may not man. harm competition. That is why our Everyone benefits under these ar- It describes various problems with the amendment includes a new provision rangements, except consumers. Brand drugs that are purchased online and not contained in S. 316. This new provi- drug companies get further protection counterfeit drugs, and so on. Interest- sion would permit the Federal Trade from competition, generics get payoffs ingly enough, all of these problems would be solved by the legislation I Commission—the guardians of com- and a guaranteed market. Only con- have introduced with all of the safety petition in this industry—to exempt sumers get left behind, stuck with high issues involved. You know these are from this amendment’s ban certain prices and lesser competition. agreements if the FTC determines such The Judiciary Committee reported specious issues because the underlying agreements would benefit consumers. legislation on this important issue. I legislation would address all of those issues. This provision will ensure that our commend Senator KOHL for his leader- Now, let me go through a list—this is amendment does not prevent any ship. I know Senator SPECTER and Sen- the list; you won’t be able to read it, agreements which will truly benefit ator HATCH have important rec- but I will go through them—of the safe- consumers. ommendations. I am sure we can work It is also important to note that— ty provisions in this legislation. First these matters out in a proposal to in- contrary to the arguments made by of all, with imported drugs, drugs im- clude the best ideas. ported from other countries, which, as some—our amendment will not ban all We understand there are members of I have indicated, Europe has done for 20 patent settlements. In fact, our amend- the Judiciary Committee who may years with no safety issues at all, so we ment will not ban any settlement want to speak to this amendment. I which does not involve an exchange of are as competent as the Europeans are would hope the Senator would withhold money. Our amendment will do noth- in being able to do this. further comments until we can see if ing to prevent parties from settling Our bill would require that all im- there are members of the Judiciary patent litigation with an agreement ported drugs be approved by the Food Committee who want to address this that a generic will delay entry for and Drug Administration. So we are amendment. I hope we will be able to some period of time in return for end- not talking about any renegade drugs, include it and adopt it. all FDA-approved drugs, all of them ing its challenge to the validity of the I yield the floor. patent. Only the egregious pay-off set- imported be approved by the FDA. The PRESIDING OFFICER. The Sen- It creates a process to approve medi- tlements in which the brandname com- ator from Mississippi is recognized. pany also pays the generic company a cations sold outside the United States Mr. COCHRAN. Mr. President, I ask which are identical to FDA-approved sum of money to do so will be banned. unanimous consent the Senator from We understand that several of our products. It sets a process by which the New Mexico, Mr. DOMENICI, be added as colleagues would prefer alternative FDA may approve medications which a cosponsor to my amendment. differ from the domestic version of the versions of this proposal. As I have said The PRESIDING OFFICER. Without drug; provides that no imported drug all along, we continue to be willing to objection, it is so ordered. may be misbranded or adulterated, and consider modifications to this measure The Senator from Massachusetts. as long as this legislation will be effec- Mr. KENNEDY. Mr. President, I sug- requires compliance with GMP. It re- tive to ensure these anticonsumer pay- gest the absence of a quorum. quires the FDA to enter into agree- off settlements stop. I am happy to The PRESIDING OFFICER. The ments to monitor drug recalls and ap- work with my colleagues to find an ef- clerk will call the roll. proval status changes; establishes a set fective manner to do this. I have di- The legislative clerk proceeded to of standards which countries must rected my staff to work with the staff call the roll. meet to be a ‘‘permitted’’ country. of other interested Senators in this re- The PRESIDING OFFICER. The Sen- With respect to pharmacies and whole- gard, and I am willing to continue to ator from Michigan. salers on this list, we say it provides engage in this process. Short of such an Ms. STABENOW. I ask unanimous for registration and regulation of ex- effective alternative being presented to consent that the order for the quorum porting pharmacies and importing me, we will ask for a vote on adoption call be rescinded. wholesalers, only by licensed operators of this amendment. The PRESIDING OFFICER. Without in both cases; requires registrants to In closing, we cannot profess to care objection, it is so ordered. pay an application fee, submit to eval- about the high cost of prescription Ms. STABENOW. Mr. President, I uation, and post a substantial bond; re- drugs while turning a blind eye to anti- send to the desk a modified version of quires pharmacists and wholesalers to competitive backroom deals between amendment No. 1001 to the desk. We be fully compliant with applicable brand and generic drug companies. It is are adding Senator KOHL, Senator local, State, provincial, and national time to stop these drug company pay- HATCH, and Senator COBURN as cospon- laws; requires the FDA to perform in- offs that only serve the companies in- sors of the amendment. spections of operations, including fa- volved and deny consumers to afford- Mr. ENZI. I object. cilities and records, at least 12 times able generic drugs. I urge my col- The PRESIDING OFFICER. The ob- per year; requires exporting phar- leagues to join me in this effort by sup- jection is heard. macies to verify prescriptions, to reporting this amendment. I yield the The Senator from North Dakota is view medications for interactions, to floor. recognized. ensure privacy; requires pharmacies to The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, as was maintain records for 2 years for FDA ator from Massachusetts is recognized. indicated earlier, the Cochran amend- review.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5534 CONGRESSIONAL RECORD — SENATE May 3, 2007 Exporting pharmacies must preserve supply is ‘‘safe,’’ possess no ‘‘risk’’? this global economy to access a drug samples of each lot of a drug for the They can’t do that for pet food. They that has been produced, in many cases FDA to utilize for testing. It gives au- could not do that for lettuce. They by an American company, with re- thority to FDA to monitor and inspect could not do it for carrots. They could search in many cases paid for by Amer- the full chain of custody of a drug; sets not do it for celery. They could not do ican taxpayers, produced in many cases penalties for violation, including sus- it for imported vegetables. They can’t in a plant here in the United States, pension, lifetime revocation, and do it for imported meats. They can’t do and then sent to another country at a criminal penalties. It requires every it for domestic production to say, there much lower price? Should the Amer- imported drug to have a full record of is no risk. ican consumers be able to access that the chain of custody, which is a pedi- The issue of requiring certification is FDA-approved drug that is sold for a gree. That is very important. Every an attempt to kill the legislation. It is lower price elsewhere? Stated another imported drug will have to have a pedi- perfectly appropriate for some to say: way, should American consumers con- gree, full record of the chain of cus- The current system works fine, don’t tinue to accept the notion that they tody. change it. I don’t quarrel with that. I should pay the highest prices in the It requires every package to have an don’t agree with it, but I respect those world? FDA-approved label affixed, and every who hold that view. But I do believe it Some say: There is not a problem product must clearly be identified as is hard for anyone to, with great merit, here. They cite the Washington Post ‘‘imported.’’ Drug labeling would also make the case that with what we have editorial today. That editorial says include the name of the registrant who done in this legislation, on a bipartisan there is a problem with respect to drug handled the medication and the prod- basis, it still renders this to be an un- pricing. The first 3 months of this year uct lot number as a part of that pedi- safe process. saw the highest price increases on pre- gree. Any differences in the imported The experience in Europe, of course, scription drugs in the last 6 years. In drug, even in an inert ingredient, must undermines that argument. They have 2006, it was six times the rate of infla- be noted on the label. done it for 20 years. It has been per- tion, the price increase in prescription It requires packaging to include fectly safe. Also, let me go back to drugs. In addition, we pay the highest anticounterfeiting or track-and-trace David Kessler’s statement. I don’t prices of all the other countries. Does technologies. Exporters must provide know of an FDA Commissioner who that make sense? It doesn’t to me. the FDA with prior notice of shipments comes to his belt buckle, let alone his I want to have somebody stand up on of prescription drugs to the U.S. im- shoulders in terms of capability. the other side of this issue and say: I porting wholesalers. I thought David Kessler had been an disagree; I think the American people It provides, for the first sale of a extraordinary FDA Commissioner back should pay the higher prices; I think drug, it may not be shipped outside of for 8 years. I worked with him when he that is fair. the permitted countries. It requires the was there. He said this: The Dorgan- That is the alternative, it seems, be- FDA to provide information to con- Snowe bill ‘‘provides a sound frame- cause that is the reality. I am not in- sumers to identify the safe and legal work for assuring that imported drugs terested in debating some fiction. The directed sources of approved imports. are safe and effective.’’ reality is this: We pay prices that I be- It gives Customs Service the authority Now, we can talk all day about these lieve are wrong. I said yesterday, I to seize and destroy any unauthorized drugs being unsafe, but, obviously, that don’t come here with any disrespect for shipments; blocking elicit electronic does not change the facts. It does not the pharmaceutical industry. I have payments to unauthorized foreign change Dr. Kessler’s opinion. It does met many of these people. I know the pharmacies by Customs; full funding not change the circumstances of the head of PhRMA, former Congressman for FDA to facilitate the drug import safety provisions we put in the bill. Billy Tauzin. I used to serve with him. regulatory operations through a 21⁄2- They are there. They are there for a I like him. I don’t come here dis- percent user fee. very specific reason. We took the inter- respecting the industry. They do im- It provides implementation of drug ests and concerns of Secretary Shalala portant work. I have a profound dis- pedigrees for domestic medications by and Secretary Thompson. We wrote agreement with their pricing policies 2010, which do not exist now, by the them into this bill dealing with safety because they are unfair to consumers way; requires the packaging of all pre- provisions. in this country. That is my difference scription drugs to incorporate a stand- The fact is, this bill will make our and my beef. Their pricing policies are ardized numerical identifier unique to domestic supply of prescription drugs wrong. each package of a drug and counterfeit safer. That is the plain fact. Then we Why should an 80-year-old woman resistant technologies. will have a pedigree for all prescription have to go to Canada every 3 months as When one reads through these safety drugs, imported or domestic. That is she is fighting breast cancer in order to features and then alleges that this is just a fact. buy Tamoxifen at a price she can af- unsafe, I mean it just—it baffles me Now, the second part of the amend- ford? Why should you be able to cross how one can reach that conclusion. ment says it has to be assured that it an imaginary line into Canada and dis- Tommy Thompson, Secretary of will save money and pose no risk. Well, cover that you could pay one-fifth the Health and Human Services, said: In ‘‘save money,’’ that is easy. The Con- price you have to pay for Tamoxifen in order to import drugs from any coun- gressional Budget Office has said it is this country? The pricing policy is try, and especially Canada, I have to going to save $50 billion in 10 years. wrong, and we ought to fix it. This is certify that all of those drugs are safe. And $6.1 billion—I thought it was 5— an approach that will fix it. That is an impossible thing. If Con- $6.1 billion of that is savings to the We will have other debate. I do not gress wants to import drugs, they Federal Government. disrespect the pharmaceutical indus- should take out that provision. We just have a new estimate by the try. I have great respect for what they Well, let me ask this question: Would Congressional Budget Office that if the do. I have a profound disagreement it be possible for the Health and Cochran amendment is passed, that about their pricing policy. I don’t dis- Human Services Secretary to certify savings goes to zero. Why? It under- respect those who have a profound dis- that all drugs sold in this country, mines the bill. It means this will not agreement with my amendment. I re- FDA-approved drugs, are safe? Does have impact. Importing won’t happen. spectfully think they are wrong. one think the HHS Secretary could cer- Not because anyone wants to import an In the end, the question for the Con- tify that? The answer is, no, of course unsafe drug because, in fact, the safety gress is, do you think what is hap- not. provisions we have included will make pening with respect to drug pricing is I can give you examples of metal this supply, the drug supply, domestic appropriate? My answer is no. The traces and things in pharmaceuticals supply included, as well as imported American people are being disserved by that were sold in this country, FDA-ap- drugs, safer. That is the point. a pricing policy that the pharma- proved, by major manufacturers. Could This issue is not horribly com- ceutical industry can make stick. They a Health and Human Services Sec- plicated. The question is, should the have the capability to control prices. retary certify that the existing drug American people have the ability in They do it behind a law that says the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5535 only interest that is able to import tification requirement, no Secretary of savings. The amendment I have offered prescription drugs is the manufacturer HHS, Democrat or Republican, has ensures that consumers would benefit of that drug. Europe doesn’t require been able to demonstrate that importa- from importation before weakening that. Europe hasn’t required that for a tion is safe or will lead to cost savings. consumer protections against poten- long while. They allow parallel trading Both Secretary Shalala in the Clinton tially unsafe drugs. so the consumer can take advantage of administration and Secretary Thomp- In conclusion, the Dorgan bill re- price shopping among the countries of son in the Bush administration could quires the FDA to allow importation Europe. Only this country has decided, not demonstrate that importation from Canada within 90 days of enact- no, the consumer doesn’t have this poses no additional risk to public ment, whether the FDA has had time right. The manufacturer has the right health or would lead to significant cost to set up an appropriate regulatory but not the consumer. savings. framework or not. I say let’s let the consumer, let’s let Back in 2000, Secretary Shalala con- In addition, the bill places an arbi- the American people have access to the cluded it was ‘‘impossible . . . to dem- trary cap on user fees collected to over- benefits of the global economy as well. onstrate that it [importation] is safe see the importation system. My Yes, let’s make it safe. We have done and cost effective.’’ amendment would ensure that an im- that. This legislation with the safety Secretary Thompson reached a simi- portation program would take effect precautions I have described in some lar conclusion in the next year, 2001, by only after a regulatory system has detail, if passed, this amendment, if saying he could not ‘‘sacrifice public been put in place to protect American passed, would significantly improve the safety for uncertain and speculative consumers. safety of the domestic drug supply and cost savings.’’ I hope the Senate will approve my significantly improve safety of the re- The Dorgan-Snowe bill contains nu- amendment. importation that now occurs on an oc- merous provisions that would expose The PRESIDING OFFICER. The Sen- casional basis by people driving back Americans to harmful or adulterated ator from North Dakota. and forth across the border, those who imported drugs—could expose. In par- Mr. DORGAN. I won’t speak at are fortunate enough to live near a bor- ticular, the bill permits the importa- length. I do want to make one point. der. tion of drugs that originate in such The Senator from Mississippi indicated We have just gotten a Congressional countries as Latvia, Estonia, Slovakia, the amendment I have offered would Budget Office score on the amendment Greece, Hungary, and the Czech Repub- allow for the reimportation of drugs I have offered. It says the amendment, lic. These are outside the control of the that are not FDA approved. I don’t if passed, will save the Federal Govern- manufacturers and outside of the juris- know where that information comes ment $10.6 billion in a 10-year period. I diction of the Food and Drug Adminis- from, but it is demonstrably untrue. I believe it is a $50 billion savings in tration. don’t want there to be a mistaken im- total for consumers. I will put in the The bill also permits the importation pression on that. I ask my colleague CONGRESSIONAL RECORD the specifics. of drugs that are not FDA approved from Mississippi if we could at least re- But I do know the Congressional Budg- and are not equivalent to FDA-ap- solve that issue. The intent of this, the et Office has just scored this amend- proved products. Some of the drugs written version of this, is very clear. ment. It will save consumers tens of that could be imported under this pro- No drug will be imported into this billions of dollars. The specific savings vision would violate Food, Drug, and country unless it is FDA approved. My to the Federal Government itself, as a Cosmetic Act requirements against colleague indicated this amendment result of savings through our programs adulteration and misbranding. would allow drugs to come in that are and expenditures, will be $10.6 billion. Canadian law has been discussed not approved. I don’t know where that I yield the floor. here. It permits the transshipment of information comes from. If he and I The PRESIDING OFFICER (Mr. unapproved prescription drugs from could at least exchange information so MENENDEZ). The Senator from Mis- any country in the world through its that we resolve that, I would appre- sissippi. borders to the United States. These ciate that. Mr. COCHRAN. Mr. President, for the shipments move across borders, free Mr. COCHRAN. Mr. President, if the information of Senators, I will seek to from examination from Canadian regu- Senator will yield, I am advised that define in more specific terms exactly lators who have said their Government the FDA has said it could not put a what the Dorgan-Snowe prescription will not ensure the safety and effec- regulatory framework in effect to guar- drug amendment does. tiveness of exported drugs. The FDA antee what my amendment insists it Before proceeding to that, I ask and Customs officials have seized coun- should guarantee; that is, the effective- unanimous consent that the Senator terfeit drugs entering the United ness of the drug, the fact that there from Pennsylvania, Mr. SPECTER, be States from alleged Canadian phar- will likely be savings that will result added as a cosponsor to amendment macies that are established for the pur- for American consumers if the Dorgan No. 1010. pose of permitting transshipments amendment is adopted. The PRESIDING OFFICER. Without from other countries outside of Canada Mr. DORGAN. Mr. President, that is objection, it is so ordered. into the United States. These places a different issue. The amendment Mr. COCHRAN. Mr. President, the where the drugs have originated in- itself, whether there is a regulatory Dorgan-Snowe bill, pending before the clude countries such as India, Paki- framework or not, will not allow a drug Senate as an amendment, eliminates stan, China, and Thailand. to be imported that is not FDA ap- language from the Food, Drug, and If my amendment is not adopted, the proved. That is the written provision in Cosmetic Act that allows importation underlying bill, as amended by the the amendment itself. to take effect only if the Secretary of amendment of the Senator from North Second, with respect to cost, we may Health and Human Services can dem- Dakota, would permit transshipment have a disagreement on that, but I onstrate to Congress that it will pose and severely restrict the ability of bor- again observe that the Congressional no additional risk to the public health der officials to stop suspected drug Budget Office this morning has given and result in a significant reduction in shipments entering the United States. us another score, and the score from the cost of covered products to the My amendment would not allow impor- the Congressional Budget Office says American consumer. tation to begin unless these safety con- this will save the Federal Government The amendment I have offered to the cerns are resolved and the Government $10.6 billion in a 10-year period. I be- Dorgan-Snowe bill would restore this can assure the American public that lieve the global savings—the rest would language. The Senate has overwhelm- imported drugs will not endanger their be for consumers—is slightly over $50 ingly voted on three occasions to in- health. billion in 10 years. So it seems to me it clude a safety and savings certification There is no guarantee that American is self-evident. If the Congressional provision in prescription drug importa- consumers will experience reductions Budget Office is putting out information legislation for the purpose of pro- in their prescription drug costs if the tion to the Senate this morning that tecting the public health. Following Dorgan bill takes effect, because mid- describes the amount of savings, in this passage of the safety and savings cer- dlemen have shown they may keep the case averaging about $5 billion a year,

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5536 CONGRESSIONAL RECORD — SENATE May 3, 2007 it is quite clear, someone is going to with the European Union. What we anymore. There is nothing in the bill save something somewhere. I think we found was, for the European Union, that says if we do not catch it at Dulles also can resolve the cost issue at some with 22 members, they accept which- Airport when it flies in and test it im- point down the road. ever country the application was ap- mediately to find there is no active in- Let me say, I respect the Senator plied for. If that country approves it, gredient, we have not put somebody’s from Mississippi. He is a very worthy then it is good for the EU. If you look life in danger. There is no assurance in legislator, cares passionately about the at some of the standards throughout this bill that if there is an adulteration things he works on. I do the same. I the 22 countries, it would be disman- of some kind that affects somebody’s think the way to resolve this is to talk tling the gold standard of the FDA. health—in the host of millions of pills through what are the safety provisions So for those who suggest what we that come in, if we do not catch it, in the bill. If they are inadequate, de- would do in this amendment maintains there is somebody on the receiving end monstrably inaccurate, I will accept our gold standard, it would not happen. who is going to be adversely affected that we would make some changes. But The reality is, as you accept what they health-wise. I do not believe that is the case. I do do—which does not come close to the So I appreciate the fact that every- not believe it has been demonstrated. gold standard of the FDA for safety body wants cheaper drugs. We all do. As I have indicated previously, Dr. and efficacy—over time it would bring But there is a reality about the United David Kessler, who ran FDA for 8 further deterioration to the confidence States of America: We protect intellec- years, says this bill provides a sound of our drug supply. When every Amer- tual property; therefore, we attract framework for assuring that imported ican goes to their local pharmacy and companies. And it is not just limited to drugs are safe and effective. I under- they have their prescription that is pharmaceuticals. I guess the next thing stand the pharmaceutical industry written by a doctor, they go in with 100 we are going to do is claim Microsoft does not say that. I understand some percent confidence of knowing there is software is too expensive, so we are others do not believe that. I under- an active ingredient in it, that it is not now going to allow that to come in stand and respect that. But I also be- adulterated, that their health is not from somewhere else. Well, we protect lieve, very strongly, that the evidence going to be affected adversely when handbags. We protect clothing. We pro- is overwhelming. We have added the they take it. tect the copyrights, the intellectual safety provisions that were raised by We are on the floor today. This is property. There is even more of a rea- Secretary Shalala. We have added the part of the drug safety bill. Why? Be- son to do it in pharmaceuticals. It is provisions raised by Secretary Thomp- cause in some cases when products are because there is a safety component. son. approved and given to a much larger I think when many people think they I believe—and 33 of my colleagues in population, that larger population ex- might be buying a counterfeit hand- this Chamber, Republicans and Demo- periences different side effects because bag—if they buy it on the streets of crats, believe—we have done a very every person is genetically different. this town or some other town—they good job in resolving those issues. This There are no two alike, unless we probably think: Well, if I get a year’s issue almost has a gray beard. It has change the cloning laws in this coun- use out of it, based on the price, that is been around a long time. We have been try. The reality is, I do not think we OK. I do not think you can apply the trying a long time. It is hard to win on are going to do that, so we do not have same standard to pharmaceuticals. If it this issue. I accept that, and I under- it to worry about. But we are here try- does not have the active ingredient, stand it. But I am hoping that perhaps ing to strengthen the safety of the somebody might die. In fact, we beefed this is the year in which we might give product. We currently can maintain up, in the drug safety bill, dog food the American consumer an opportunity the chain of custody because it is man- higher than what this importation pro- to be able to participate in the global ufactured, it is distributed, and every vides for our pharmaceutical supply in marketplace in a safe and effective product has a case lot number. this country. way, just as the Europeans do, and be What have we experienced with coun- We are going to have plenty of time able to access a lower price of FDA-ap- terfeit drugs? They have been able to to talk about it. And just as the Sen- proved drugs. make a pill look identical to the pills ator from North Dakota brings a lot of Mr. President, I yield the floor. we go to the pharmacy and buy—iden- facts and figures to the floor, there are The PRESIDING OFFICER. The Sen- tical in not just the pill but the pack- a lot of facts and figures from the 8 ator from North Carolina. aging. As we shift packaging, so do years—maybe more—we have debated Mr. BURR. Mr. President, I agree those who are trying to game the sys- this issue. It has not been Congress with my colleague that this issue has tem. The reality is, the person who is that has turned it down, it has been the been around for a long time. One of the on the receiving end—and I sympathize American people. At the end of the reasons we continue to debate it is be- with exactly what the Senator from day, they send us here to make deci- cause we continue to have real-life ex- North Dakota has claimed; that in sions that are positive in relation to amples of a product that comes in that many cases, pharmaceuticals are not their health and their future. I do not is adulterated. I am not sure we have affordable for some people. That is why think Americans want to take a pig in done anything to eliminate the ability we created Part D Medicare. That is a poke on pharmaceuticals. But that is to counterfeit, other than to confuse it why over 30 million Americans who are what this amendment will allow to even more, because, in fact, today we Medicare eligible now have coverage— happen. basically say it is almost impossible, coverage that has brought down the This will probably change America unless you are an individual crossing price of pharmaceuticals 33 percent in being the innovator of drugs and med- the border, to bring in drugs from an- the first year. ical devices because we will ignore pat- other country. For any other area for which we ents and copyrights. We are advan- We are challenged at Customs today would propose legislation, if we saw a taged by that. There are many coun- with immigration. Oh, we are just as trend like this, we would be embracing tries in the world where you do not challenged at Customs today on the the fix we put in. But no, we are going have access to the drugs and biologics shipment of pharmaceutical products to delude it even further and confuse and devices we have in this country. that come into this country from seniors across the country and say: Yes, they are expensive because they abroad. It is not held to a single coun- Now just go on the Internet and buy it are expensive to develop, but we put try. because we have said it can only come more value on quality of life, the abil- I do not believe the reason we em- in if it is an FDA-approved product. ity for us in this country to treat what brace this bill is because the Europeans Well, FDA-approved products are the others are not able to treat because we do it. There are a lot of things the Eu- only things we write prescriptions for believe that, in the overall scheme of ropeans do today that I would not nec- in the country. The reality is, the only our system, we save more money in essarily suggest are right for America. counterfeit product that counterfeiters health care if, in fact, we give some- As a matter of fact, we have some are making are FDA look-alikes. body a pill. If that was not the case, we international treaties that suggest we There is nothing in the Dorgan bill would not have programs for HIV/ should harmonize our drug standards that says somebody cannot counterfeit AIDS. But every time we supply that

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5537 therapeutic for an HIV/AIDS patient, something which is undoable for us. We talking about the imported drugs we know they are not going to have cannot do it. under my bill; I am talking about the one case a year with some type of ret- My hope is that as this debate goes drugs that are made in these countries inal infection. We know they are not on, more and more Members will real- and other countries that ship them going to be admitted to the hospital for ize it sounds good, but it is not a risk into this country, and every drug that a week because of pneumonia. We know we should take in this country. It is a is produced in this country will require the savings over that incident is prob- risk that affects people’s lives. the same. ably going to be $15,000 or $20,000, and I yield the floor. The fact is we have tried to get that that is before we put any cost on the The PRESIDING OFFICER (Mr. same requirement on domestic drugs quality of life of the patient who is af- TESTER). The Senator from North Da- and have been blocked for a long time. fected by the disease. kota. This legislation will make the drug Well, I would imagine we will see Mr. DORGAN. Mr. President, one of supply in this country far more safe counterfeit HIV products because they the observations I made when I was than it currently is. are expensive. It is one of those dis- privileged to come to the Senate is We all know the amendment that is eases that does not stay in the same that virtually everyone here is a pretty being offered about risk. Were that place. It is smart. It changes itself effective communicator. I am reminded amendment to be offered with respect within somebody’s body, and it means of that every day. I hear debate by peo- to new prescription drugs that come that over a period of time, you can ple who really are effective, and I al- from research to say, you can’t put a take a drug that is very effective or a ways appreciate it, and it is always in- drug out there if there is risk, do you combination of drugs that is very effec- teresting to me. think you would have a new drug on tive, and after 2 or 21⁄2 or 3 years, the I do think—certainly everybody is the market anytime soon? Do you disease has now changed, and if you do entitled to their opinions; I respect think a Health and Human Services not change with new therapies, the re- their opinions—not everybody is enti- Secretary or an FDA administrator can ality is there is going to be a deteriora- tled to their own set of facts. We have say: By the way, I am approving this tion of that person’s quality of life and to deal with a common set of facts. drug and there is no risk. Of course, a further advance of the disease. My colleague just made a statement, they can’t. Of course, they would not. Right now, we have companies that a philosophical statement, about what We know that. Drugs have risks. In are excited about working on the next he believes. I respect that. But the fact, some drugs are put on the mar- product that will continue to take a statement included thoughts like that ketplace, and we discover later they disease we cannot cure today but for this piece of legislation would probably should not have been there—a substan- which we can stop the progression abrogate or not respect copyrights. tial risk. Vioxx. An official at the FDA right in its tracks. What we are going Nothing could be further from the says he believes 50,000 to 70,000 Amer- to say to those companies that spend truth. There is nothing in here that ican people died of heart attacks as a hundreds of millions of dollars, if not would abrogate copyright protection, result of Vioxx being put on the mar- billions of dollars, is: Well, the United and so on. In fact, this amendment pro- ket. Further, he says—this isn’t me, States does not put any value on that vides the requirement of serial num- this is an official at the FDA—that anymore. Say that to the population bers on lots and samples by those who Vioxx was widely advertised and widely that is affected by the disease. Say are engaged in this sort of thing that promoted as some wonderful new drug, that to the population of any group of has been prevented from occurring in- when in fact it was not a new class of Americans that is affected by a disease, side this country. It requires it for im- drugs that had any significant benefit that we are not going to have the poli- portation, and it requires it for domes- over existing drugs. The point is this: cies in place that advance the develop- tic medicines. This will dramatically If one were to ascribe this risk cat- ment of drugs, biologics, and devices. change the safety of the drug supply egory to new drugs, there would be no When we do this, that is what we are here and with respect to that which new drugs. saying. would be imported. I know all this talk about counter- Again, I appreciate the authors’ at- With respect to the American people, feiting—and man, have we talked a lot tempts to try to assure us that safety the American people are not undecided about counterfeiting in this Chamber is at the forefront. But that is only on this issue. Mr. President, 70 or 80 in the last couple of days—all this talk there if we are smart enough to catch percent of them believe there ought to about counterfeiting ignores the point it. If we were that smart, we would not be allowed the importation of prescrip- that it is occurring under today’s laws. have an illegal immigration problem in tion drugs. This is not something the The way to fix that and the way to stop this country. If we were that smart, we American people are undecided about. counterfeiters is to do what we do in would know that we caught 100 percent It is only in this Congress that it has this amendment: You require on every of what was coming in the country. But not been decided. So I think that is prescription drug that is sold, that it I do not think there is anybody who is something we should understand. Why have a pedigree. You require in every going to take this floor and suggest to would the American people believe circumstance there be serial numbers the American people that we catch 100 they should be able to import FDA-ap- on lots and samples. It is incontrovert- percent of the adulterated or counter- proved drugs? Because they believe it ible, in my judgment, that this will feit drugs. There is certainly nobody is fair for them to be able to do it. dramatically improve the safety of do- who can come to the floor, even with Let me describe where the prescrip- mestic prescription drugs as well as our food safety standards where they tion drugs come from by the manufac- imported prescription drugs. are—where the FDA is in charge and turers of the drugs. If you are taking One final point with respect to the USDA is in charge and DHS now has Lipitor, that is not made here; that is issue of research. My colleague said: some responsibility for it—and suggest made in Ireland. If you are taking Well, if we pass this amendment, what to the American people that we catch Toprol XL, that is made in Sweden. the Senate has said is there is no value 100 percent of the contaminated food Nexium is made in France. Altace is to research on prescription drugs. I before it finds its way to the shelf or to made in Malta. Vytorin is made in don’t have the foggiest idea where that a plate in our house. Singapore and Italy. These drugs are concept comes from. We spend a lot of The reality is, we have had 12 exam- already imported. Regrettably, by the money on research. I was one of a ples just in the last year where we are way, I might say they are imported group of Senators who said: Let’s dou- just not that good. We are not perfect. without the protections that would ble the amount of money at the Na- I would suggest to you, to try the sys- exist in our amendment. It would re- tional Institutes of Health, and we did, tem, by setting up a program that can- quire the manufacturer—the manufac- in 5 years, to dramatically improve and not be policed—and I think that is turer of the drug—to have serial num- increase the amount of research at the what my colleague from Mississippi bers on the lots, to have samples of National Institutes of Health. I am a was saying. Time and time again, we every lot reserved, to have a pedigree big supporter of research. We do a lot have had the debate. We have pulled in for every medicine that is moved. That of wonderful research, some in the pub- the experts. They have said this is just is for domestic consumption. I am not lic sector, some in the private sector.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5538 CONGRESSIONAL RECORD — SENATE May 3, 2007 At the NIH, by the way, we do the re- eighties the 400 meter and the 800 to the pharmaceutical industry: I search and often much of that research meter. Now he tells me he is a spe- think your pricing strategy is wrong is used by the pharmaceutical industry cialist in the 100-meter dash, at age 86. and it is unfair to the American people. to produce lifesaving drugs. But life- He has a good life. He is healthy. He We ought not be paying the highest saving drugs save no lives if you can’t likes life. He is very active. He is not prices in the world for prescription afford to get them, if you can’t afford riding his motorcycle so much any- drugs. That is unfair. to have them, and if you can’t afford to more, but he has one of the biggest mo- The amendment I have offered with take them. torcycles you can get sitting in his ga- 33 of my colleagues, Republicans and It is true none of us have a problem, rage. He doesn’t need to take prescrip- Democrats, would change that. No, it in this Chamber, dealing with the price tion drugs. Good for him. wouldn’t shut down research, not at of drugs; we have health care policies We have a lot of folks who reach all. No, it wouldn’t exacerbate counter- and those kinds of things. But there their eighties and nineties. We know feiting, not at all. The fact is this will are a lot of folks all over the country about that because in our part of the be fair to the American people, if we who are taking a lot of different pre- country, my State of North Dakota pass this legislation. It will continue, I scription drugs. I think prescription ranks No. 1 in the Nation in the num- think, to see substantial research. It drugs are wonderful. They keep people ber of people 86 years of age or older as will also, in my judgment, contribute out of an acute care hospital bed, the a percent of the population. We rank to shutting down the counterfeiting of most expensive kind of health care. In- No. 5 in the country in the number of prescription drugs, but most impor- terestingly enough, in many cases they people 65 years of age or older as a per- tantly, it will finally say to the Amer- are taking 10 or 12 different kinds of cent of the population. So a lot of peo- ican people that we are on your side on prescription drugs to manage various ple are living a lot longer. That is good this issue. We believe in fair pricing diseases. As a result of that, we passed news. It puts some drain on Social Se- and we finally are going to insist on it. Part D; my colleague is correct about curity and Medicare. I yield the floor, and I make a point that. Part D provides drug benefits to A quick way to fix Social Security of order that a quorum is not present. those who have reached the age of and Medicare is to go back to the old The PRESIDING OFFICER. The Medicare. Regrettably, of course, there life expectancy, go back to age 46. We clerk will call the roll. was nothing in Part D that would put wouldn’t have any trouble. I am di- The bill clerk proceeded to call the downward pressure on prescription gressing a bit, but when Social Secu- roll. drug prices. I would say look at the in- rity was created, on average, people Mr. SANDERS. Mr. President, I ask crease in prescription drug prices in lived to be 63. So we created a system unanimous consent that the order for the first quarter in this country. Look that says: When you retire, you get the quorum call be rescinded. at the increase in prescription drug benefits at 65. Well, I went to a small The PRESIDING OFFICER. Without prices in 2006, and then ask yourself school, but I understood enough in objection, it is so ordered. whether all of this is working to put math to think that works out real well. Mr. SANDERS. Mr. President, I rise some downward pressure on pricing. It You pay taxes and, on average, you are in strong opposition to the Cochran is not. It is just not. going to live to age 63, and when you amendment. We should be very clear. So as I said earlier this morning, I retire at 65, you get some benefits. For anybody who is interested in pre- hate to lose a debate I am not having. That is not a system that is going to scription drug reimportation, for any- I would love to have a debate in which have financing trouble at all. But then body who is interested in lowering the we are both debating the same bill, but the problem is people began living cost of prescription drugs in this coun- a suggestion somehow that this bill al- much longer. That is not a problem. try from 25 to 50 percent, for anybody lows drugs to come into this country That is a success. So good for them. who is interested in standing up for the that are not FDA-approved means that At any rate, prescription drugs about working families of this country who you are off debating some other bill 40 years ago became a much larger part are getting ripped off every day by out- someplace. Well, fine. Win that debate of the discussion in modern life, to rageously high prescription drug costs, if you want. It is not the bill that is on keep people out of the acute care hos- the Cochran amendment is a poison the floor of the Senate. It isn’t. The pital beds and to manage their dis- pill. To vote for the Cochran amend- same is true with a number of state- eases. So that is a wonderful thing. I ment is to vote against prescription ments that have been made about re- have said before, and I will say it drug reimportation; it is to kill the specting copyrights, and so on. In fact, again: The pharmaceutical industry is Dorgan amendment. what we have required is a regulatory a fine industry; I have serious problems The idea of asking permission from burden that the industry doesn’t like— with their pricing strategy. I think it the Secretary of Health and Human I understand that—but it will, in fact, is wrong. I want them to succeed. I Services, from the Bush administra- protect them and protect their copy- want them to research. I want them to tion, who have already gone on record right because it will make it much do the research on prescription drugs. I rather firmly and decisively in opposi- harder for anyone to counterfeit. That would like them to stop advertising tion to reimportation, is to simply is a fact. early in the morning when I am shav- mask your vote. The Bush administra- One of the interesting aspects of this ing and brushing my teeth and getting tion represents the pharmaceutical in- country is that we are seeing some un- ready for work, telling me what I dustry. They will kill prescription drug believably good news. The good news is ought to go talk to my doctor about. reimportation. To ask their permission people are living longer and better They have all these pills they want me to go forward is simply to kill prescrip- lives. In a century, in 100 years, we to ask the doctor if they are right for tion drug reimportation. So anyone have increased the lifespan by some- me. I get confused. I am not sure I need who is serious about lowering the cost where around 30 years, from 46 years them. But there is a lot of advertising of prescription drugs will not be sup- old to about 76 years old. That is good going on and a lot of promotion. porting the Cochran amendment. news. People are living longer and bet- I want them to find new medicines to The unfortunate reality is, in the ter lives. A significant part of that, I unlock the mysteries of dread diseases. United States of America we continue think, is being able to, at an advanced I want the Federal Government, to pay, by far—it is not even close—the age, manage diseases. A significant through the NIH, to substantially in- highest prices in the world for prescrip- part of that is prescription drugs. vest in new research and development. tion drugs. Because of the escalating There are some who don’t have that. I I want all of those things. But I also cost of medicines, many of our fellow have an uncle I have described before want, even as I compliment the phar- Americans, many working people, who is now 86 years old. He and his wife maceutical industry and I compliment many people with chronic health prob- take no prescription drugs at age 86. the NIH and all those who are spending lems, simply do not get their prescrip- The fact is, as I have also described to their days—today, Thursday—trying to tions filled. I am sure in Montana the my colleagues, he is a runner. He runs figure out how do you unlock the mys- experience is the same as it is in in the Senior Olympics at age 86. He teries of ALS or diabetes or cancer or Vermont. People tell me they walk used to run in his seventies and early heart disease, even as I do that, I say into the drugstore and cannot believe

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5539 the prices they are being charged. They integral part of a whole strategy re- scribed breast cancer drug, which at can’t afford those prices. I have talked garding health care, we let the drug that time—at that time—was one- to pharmacists, as I suspect the Chair companies do anything they want to tenth the price they were paying in the has as well, who have been embar- do. United States. Imagine that. Fighting rassed. They have seen tears coming As the first Member of Congress to for your life, not having a lot of out of people’s eyes when they have take constituents across the Canadian money, and needing a drug. Suddenly, told them the cost of their medicine. border to enable them to pay substan- they looked at the price they were pay- Meanwhile, as a result of the power tially lower prices than they were paying and they literally could not believe of the pharmaceutical industry, we ing in the United States, I have seen it. have the highest prices in the world, firsthand what it means to people’s Mr. President, I ask unanimous con- and those prices are rising every single lives when they get the drugs they sent that a chart which compares day. In fact, tomorrow, if an American need at a price they can afford. I will prices in the year 2005—so the prices walks into a pharmacy and the phar- never forget—never forget—when in may be different today, but as of April macist says to that person: I am sorry 1999 I brought a busload of Vermonters 2005, a price comparison between to have to tell you this, but the cost of over the Canadian border. Many of the United States prices and Canadian your medicine went up 50 percent, or 75 women there were struggling with prices, and United States prices and percent, we can do nothing about it. breast cancer, fighting for their lives, German prices. Unlike the rest of the industrialized and they didn’t have a whole lot of There being no objection, the mate- world—Canada, Europe—where they money. They went to Montreal and rial was ordered to be printed in the understand prescription drugs are an purchased Tamoxifen, a widely pre- RECORD, as follows: SOME PRICE COMPARISONS AS OF 4/06/2005

Drug Canadian (in US $) Illness/condition US price price

Actos (15mg, 90) ...... diabetes ...... 296.89 257.97 Cardizem CD (240mg, 90) ...... heart ...... 215.89 88.03 Celexa (20mg, 30) ...... depression ...... 81.99 52.05 Clarinex (5mg, 30) ...... allergies ...... 74.99 37.31 Fosamax (10mg, 100) ...... osteoporosis ...... 242.89 178.62 Imitrex (50mg, 27) ...... migraines ...... 503.89 365.08 Nexium (20mg, 30) ...... heartburn ...... 144.99 87.77 Norvasc (5mg, 90) ...... blood pressure ...... 127.59 135.32 Prevacid (15mg, 30) ...... ulcers ...... 129.99 74.40 Prilosec (20mg, 30) ...... ulcer ...... 128.99 74.50 Procardia XL (30mg, 30) ...... heart ...... 53.99 33.84 Relafen (500mg, 200) ...... arthritis ...... 340.19 183.86 Tamoxifen (20mg, 30)* ...... breast cancer ...... 68.59 40.21 Ticlid (250mg, 60) ...... stroke ...... 171.99 101.36 Vasotec (10mg, 60) ...... heart ...... 70.99 63.30 Zocor (20mg, 30) ...... cholesterol ...... 131.99 74.65 Zoloft (50mg, 100) ...... depression ...... 227.49 182.04 Zyrtec (10mg, 30) ...... allergies ...... 69.99 41.87 Drug Illness/condition US Price German (in US $) price Actos (15mg, 30) ...... diabetes ...... 116.64 50.62 Celexa (20mg, 30) ...... depression ...... 85.46 35.72 Clarinex (5mg, 30) ...... allergies ...... 77.06 38.64 Imitrex (50mg, 9) ...... migraines ...... 166.40 102.67 Nexium (20mg, 30) ...... heartburn ...... 145.33 60.25 Norvasc (5mg, 30) ...... blood pressure ...... 54.83 35.72 Prevacid (15mg, 30) ...... ulcers ...... 146.47 35.22 Zocor (50mg, 30) ...... cholesterol ...... 85.39 23.83 Zoloft (50mg, 30) ...... depression ...... 89.44 54.98 Zyrtec (10mg, 30) ...... allergies ...... 73.02 34.33 All prices found via www.walgreens.com and www.canadadrugs.com. *Price found at www.cvs.com.

Mr. SANDERS. Mr. President, let me it that anybody here can say with a not a big deal, and they save substan- talk about a few of the drugs. straight face it is OK for products all tial sums of money. Actos is a drug for diabetes. As of over the world to come into this coun- There was an estimate a few years 2005, in the United States, the price of try from tens of thousands of farms, ago, and I don’t know what those num- that drug was $116. For the same num- but in terms of a handful of major drug bers are today, but there was an esti- ber of pills and the same milligrams, it companies, somehow we cannot regu- mate several years ago that about 2 was $50.62 in Germany. Twice the late the flow of those medicines from million Americans were buying their price—same product, same company, Canada, for goodness’ sake, into the medicine in Canada. What the Dorgan same factory, but less than half the United States? amendment is about is simply saying price in Germany. Give me a break. That argument is so that it is a little bit absurd for Ameri- For Celexa, a drug for depression, it totally absurd as to be almost beyond cans to have to get in their cars and was $85 in the United States and $35 in the laugh test. This debate has nothing drive to Canada to get the drugs they Germany. Same company, same prod- to do with drug safety. All of us are need; that it might make more sense uct. Clarinex was $77 in the United concerned about drug safety, and the for our pharmacists to be able to pur- States and $38 in Germany. On and on Dorgan amendment has page after page chase that medicine, our prescription it goes—sometimes more, sometimes after page of regulations making sure drug distributors to be able to purchase less but often half the price in Ger- the FDA-approved medicines that come that medicine so, in fact, Americans many, and different prices in Canada into our country will be safe. could take advantage of the lower but often the same end result. What saddens me very much is that prices at their own local drugstore. The very simple question the Mem- in many ways the American people bers of the Senate have to ask them- have given up on this issue in terms of That is what we want to do. We don’t selves is: Why is it that in the United the ability of their own government to want all of America to have to go to States we have to pay the highest act, and they have taken matters into Canada or Germany to buy reasonably prices in the world for our medicine? their own hands. I don’t know what priced medicine. We want those prod- Why is it that at a moment in history goes on in Montana, but in the State of ucts sold in this country at an afford- when we are eating food products from Vermont thousands of people in our able price. farms in Mexico and in Latin America, State go over the Canadian border. I think many Americans are won- produced in China, and they are com- They go to the Canadian drugstores dering: Well, how does it happen that a ing to our kitchen tables today, why is and buy the products they need. It is product made by an American drug

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5540 CONGRESSIONAL RECORD — SENATE May 3, 2007 company—at a time when the tax- problem when American workers are tries all over the world that can’t af- payers of this country, by the way, thrown out on the street because fac- ford an FDA so they look to us to see spend billions of dollars in research and tories are moved to China where people what drugs are approved. development for drugs that go to the are paid 30 cents an hour; hey, that is I have long been a supporter of the drug companies—that in the midst of part of the global economy. No problem Food and Drug Administration. It is in all this, how does it happen that we there. There is no problem when food my State, and I am very proud of it. I pay two or three times as much as our comes into this country from China have fought hard for the employees at neighbors in Canada or our friends in and our farmers lose money. No prob- the FDA; for the resources to maintain Germany or throughout Europe? How lem. That is part of the global econ- the mission of the FDA. Through the does that happen? omy. years we have done a variety of things Well, the answer is pretty simple. But somehow, amazingly enough, to improve FDA but nothing as impor- The answer is pretty simple. The an- when an aspect of free trade works for tant as this bill. swer has everything to do with the way the average American and not for a When we began to work on this legis- we do politics in this country and the large multinational corporation, sud- lation, I wanted to know what impact enormous power of large multinational denly we do not like unfettered free I could make. I was concerned about corporations and the enormous power trade. Suddenly we cannot reimport the fact that FDA seemed to have lost of lobbyists who represent those cor- prescription drugs from Canada—from its way. It seemed not to have the porations. Let me quote from a Wash- Canada, which neighbors us, obvi- right leadership, and it certainly didn’t ington Post article of Friday, January ously—from a handful of drug compa- have the right monitoring for drug 12, 2007. It is a front page article. This nies. We cannot do that. I think that safety—particularly post-market sur- is what it says. This is January 12, 2007: argument is very absurd. veillance. So we ended up with the This month alone [i.e. January] the Phar- Let me conclude. A vote for the Vioxx situation. We ended up with maceutical Research and Manufacturers of Cochran amendment is a vote to kill drugs to treat young adolescents trig- America [PhRMA] spent more than $1 mil- prescription drug reimportation, pure gering suicidal thoughts and worse. lion on full-page newspaper ads touting the and simple. The Bush administration The issue of drug safety is paramount success of the existing Medicare drug sys- has said they will not go forward with in America. When I looked at this leg- tem. Drug companies spent more on lobbying reimportation. Let us defeat the Coch- islation before the HELP Committee, I than any other industry between 1998 and ran amendment. Let us pass the Dor- wanted to find a way to strengthen the 2005—$900 million, according to the non- gan amendment. Let us lower prescrip- FDA but not create a whole set of regu- partisan Center for Responsive Politics. tion drug costs in this country by 25 lations that were bureaucratic and They donated a total of $89.9 million in the percent to 50 percent. Perhaps even technocratic but without efficacy. So same period to Federal candidates and party more important, let us show the Amer- where did I turn? I turned to the Insti- committees, nearly three-quarters of it to ican people that the Congress has the tute of Medicine. The Institute of Med- Republicans. ‘‘You can hardly swing a cat by the tail in courage to stand up to the most icine is the premier agency that often Washington without hitting a pharma- wealthy and powerful lobby on Capitol gives advice and direction to the larger ceutical lobbyist,’’ said Senator Charles E. Hill. community. Grassley, Republican of Iowa, a key sponsor I yield the floor. They published a report called ‘‘The of the 2003 legislation that created the cur- I suggest the absence of a quorum. Future of Drug Safety.’’ It had been rent program. The PRESIDING OFFICER (Mrs. commissioned by the FDA itself. As I That is what we are dealing with MCCASKILL). The clerk will call the read this report, I was struck by its today, and we should not kid ourselves. roll. commonsense provisions. I was also The pharmaceutical industry, year The bill clerk proceeded to call the struck by the fact that we have endless after year, turns out to be one of the roll. reports. We have lots of commissions more financially successful industries Ms. MIKULSKI. I ask unanimous that Congress asks to be created, but in our country. According to Fortune consent that the order for the quorum we never act upon them. Just yester- magazine, the top 19 pharmaceutical call be rescinded. day, the Journal of the American Med- companies in 2005 made $42.1 billion in The PRESIDING OFFICER (Mr. ical Association ran an editorial about profit; in 2004 the profit margin was al- SALAZAR). Without objection, it is so how the Institute of Medicine devel- most 16 percent, three times higher ordered. oped the right prescription for FDA, than the average Fortune 500 company. Ms. MIKULSKI. As a member of the but no one is going to act on it. That is what you have. We have a sit- HELP Committee and someone who Well, I acted on it. I took the pre- uation where millions of Americans are was an active participant in shaping scription to help the ailing FDA. While struggling to pay their prescription this legislation, I rise to let everyone our leadership, through Senators KEN- drug costs. We have a situation where know it is very important that we pass NEDY and ENZI, was working a com- many Americans simply cannot afford this bill. This legislation is perhaps one prehensive bill, I brought to their at- the medicine they desperately need. We of the most important bills in more tention these recommendations. By have a pharmaceutical industry which, than a decade to improve drug safety. I working in a civilized, collegial way, year after year, enjoys some of the am very distressed that for a variety of my amendments were adopted. It is not highest profits of any industry in this ideological reasons, this bill is being about my amendments. It is about the country. We have an industry which impeded. Yet drug safety should not be Institute of Medicine recommenda- pays its CEOs very exorbitant salaries. impeded. Drug safety is one of the most tions. Isn’t it great when we can take We have an industry which has an esti- important issues we face. The recent the best thinking, work on a bipartisan mated 1,200 paid lobbyists in this coun- testimony of two former FDA commis- basis, and put it into action to protect try, many of them former leaders of sioners—one appointed by a Repub- the American people. To me, that is the Republican and Democratic Par- lican, Dr. Mark McClellan, and the what it is all about. ties. We have an industry that makes other appointed by a Democrat, Dr. Today when I look at this bill, I am huge amounts of campaign contribu- David Kessler—discussed the need for so proud of the provisions we included. tions. We end up with a situation in this legislation as one of the most im- It strengthens science. It increases which we pay by far the highest prices portant items to come before the Sen- transparency. It improves drug safety. in the world for prescription drugs. ate. Yet it doesn’t shackle the FDA. Senator DORGAN quoted a study from Congress has a unique opportunity to Let me share the recommendations the CBO, I believe it was, that suggests change the way we monitor the safety of the Institute of Medicine. In terms we could save some $50 billion over a 5- of drugs. We can’t afford to miss this of strengthening science, they were year period if we move to prescription chance. We owe it to consumers, physi- very clear and said that science must drug reimportation. In this body we cians, and patients, who rely on FDA be strong to protect the public and to have people who get up every day and to be the gold standard, to pass this keep the best and brightest scientists tell us how wonderful they perceive un- legislation. This is about protecting at FDA. What did we do? No. 1, we cre- fettered free trade to be. It is not a the American people. There are coun- ated the Office of Chief Scientist at the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5541 FDA. A single scientist will now over- nicating well with the public by cre- The PRESIDING OFFICER. Without see all of the offices to be sure they ating an Advisory Committee on Risk objection, it is so ordered. have strong scientific guidance from Communication. This is modeled after Mr. GREGG. Mr. President, I wanted the very top of the agency. This Chief two committees at the NIH and will fa- to speak briefly, partially in response Scientist will work with a strength- cilitate getting FDA’s message out to to statements made on the other side ened Scientific Advisory Board who the public. of the aisle, specifically by the Senator will make sure the Commissioner and We also made additional changes from Vermont whom I had the good the Center Directors are getting the that will directly improve drug safety. fortune to listen to and whom I always best scientific advice. Imagine, the Throughout the approval process, it is enjoy listening to—the junior Senator FDA didn’t have a chief scientist. We important to include scientists who from Vermont. Although I always have a chief scientist at the National know how to follow drugs after they enjoy listening to him, the junior Sen- Space Agency. We should certainly are approved. This takes me to one of ator, I enjoy listening to the senior have a chief scientist at the Nation’s my most important considerations. Senator, too, but in this case it was the drug safety agency. This legislation will strengthen the Of- junior Senator, a very eloquent indi- Then we made sure that all new fice of Surveillance and Epidemiology vidual and a neighbor. drugs would be reviewed by an Advi- to make sure it is part of the drug I did want to make a couple of sory Committee. That means all new process from the beginning and all the points. He said, or implied—in fact, he said—that the Cochran amendment was drugs will receive a comprehensive re- way through. view. You might ask: Don’t they now? This legislation will also generate essentially a poison pill to the efforts ORGAN to generate re- No. Most got an advisory committee additional money for drug safety. Pro- of Senator D importation language which would be review, but under this legislation, visions in this bill would add $29 mil- effective in allowing Americans to pur- there will be an advisory committee re- lion in PDUFA fees and up to an addi- chase drugs from Canada, or over the view of ALL new drugs to help assure tional $65 million specifically for moni- Internet for that matter. Then he said that as a drug moves into clinical prac- toring drug safety. this was a result of the fact that the tice, it will be as safe as it can be. Re- In sum, there are about 15 IOM drug Bush administration was basically a member, the FDA has a job to make safety recommendations we added to tool—those are my words, but I think sure drugs do two things: are safe and this bill. By working together, we have that is a characterization that is fairly effective. These Advisory Committees improved safety, we have improved accurate—a tool of the pharmaceutical will help make sure the drugs do no transparency, we have improved mo- industry, and the Cochran language harm but also make sure they do good. rale, and we have improved resources. was a reflection of that sort of atti- We also reinforced the ability of sci- This is a good bill. entists at the FDA to publish their sci- tude. I say to my colleagues on the other I think it is important to understand entific papers. One might ask: Can’t side of the aisle: I don’t know what you what the genesis of the Cochran lan- they now? No. If you work at the FDA, are cranky about. I don’t know why guage is. The Cochran language did not you often can’t publish articles unless you are holding up this bill. I will tell come from the Bush administration. your boss says it is OK. Imagine that. you what I am cranky about. I am real The Cochran language actually came We are talking about allowing sci- cranky when a drug goes out into clin- from the Clinton administration. I was entists to publish in peer-reviewed sci- ical practice, and all of a sudden kids here when it was originally proposed, entific journals. This might sound kind have problems. Kids have problems be- and it was supported by President Clin- of wonky, but it is important to mo- cause they are trying to be like other ton and by his Secretary of Health and rale. Its important for Scientists who kids. They are taking medication and Human Services—I believe it was now work at the FDA and important it triggers something biomedical in Donna Shalala—because they felt very for recruiting new scientists that the their brain and gives them very dark strongly, as does the Bush administra- FDA desperately needs. thoughts. We don’t want them to do tion, that the FDA should not have two The other actions we took were to dark things to each other. I am cranky standards of safety. It should not have improve transparency. Transparency at when we have a doctor working in a a standard of safety that says the prod- the FDA is critical, especially through- rural part of my State, who doesn’t ucts that are sold in the United States out the drug approval process where all have the time to read every medical have to be subject to FDA review to scientific views, even dissenting ones, journal but is relying on the fact that make sure they are safe, but for prod- should be made public. I added provi- the drug he is prescribing to a patient ucts which somebody goes out of the sions to make sure this will happen. for a heart condition has been approved country and buys and brings back to Through language I had incorporated by the FDA. He relies on the FDA to the United States, the FDA will be in the bill, we will make summaries of make sure that drug is as safe and as forced to turn a blind eye and will not the drug approval process available to reliable as that doctor is in his own review that product’s safety. the public on the Internet. A summary clinical practice. The language is simple. It says if the will be available 48 hours after the drug I get cranky, real cranky, when we Secretary of Health and Human Serv- is approved and the whole drug review cannot improve drug safety. If we want ices cannot assure, through the FDA, a package will be publically available to talk about that, we have to get back product coming into the country is safe within 30 days. If there are dissenting to mission and to purpose. It is the and effective, then the product cannot scientific views, they will also be made mission of the FDA to stand sentry be brought into the country. That is available as well. If you are a scientist, over our food and drug supply to ensure pretty reasonable language. That is a researcher, even if you are a con- safety and efficacy. It is incumbent what we asked the FDA to do. That is sumer, you will be able to know the upon us to give them the right policy why the FDA was created, to protect history of a particular drug and review framework and the right resources. I American citizens who are purchasing its approval process. You can learn if think we ought to get into action and pharmaceutical products or medicines. there were there flashing lights raised pass this bill. Let’s work together to What this language which Senator during the approval process about make sure that when we talk about de- COCHRAN is proposing would do is sim- which you can talk to your doctor. fending America, we defend Americans ply extend that language, should the This is big. I know the distinguished by passing this bill. Dorgan amendment pass, to products presiding Senator was the attorney I yield the floor and suggest the ab- which are purchased outside of the general for the great State of Colorado. sence of a quorum. United States and brought into the I know he would also be very concerned The PRESIDING OFFICER. The United States the same way, the exact about protecting proprietary informa- clerk will call the roll. same way, the FDA is required to re- tion. This is not going to be about that. The legislative clerk proceeded to view the safety and efficacy of a prod- It is about safety issues, and they will call the roll. uct which is purchased in the United be made public. We are also going to Mr. GREGG. Mr. President, I ask States. That is all the language does. make sure patients and consumers help unanimous consent that the order for Yes, it will have a significant impact to make sure the FDA is commu- the quorum call be rescinded. on the Dorgan language because, yes,

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5542 CONGRESSIONAL RECORD — SENATE May 3, 2007 both under the Clinton administration than the drug which was allegedly will be one of the most important votes and under the Bush administration the being sold, which could do significant we will be casting this year. Secretaries of Health and Human Serv- harm to you if you took it. In fact, we This vote is about whether we stand ices have said it is going to be ex- have innumerable anecdotal examples with the American people, millions of tremely difficult, with the resources of people being harmed by purchasing whom are having a very difficult time they have, with the authorities they drugs both over the Internet and by paying their prescription drug bills or presently have, to assure the safety crossing the border because those drugs whether we stand with the most power- and efficacy of drugs that are being returned out to be fabrications. They ful and greedy lobby on Capitol Hill, imported into this country. turned out to be counterfeit. They and that is the pharmaceutical indus- But it is truly an inaccurate rep- turned out to be basically fraud on try which has spent extraordinary resentation to say this is a Bush initia- that consumer. So the purpose of the sums of money to make sure the Amer- tive, the purposes of which are to pro- FDA is to ensure that doesn’t happen. ican people pay outrageously high tect the pharmaceutical industry. It is What this language says very simply prices for the medicine they des- just the opposite, in fact. This was an is, the FDA will assure that doesn’t perately need. initiative created by President Clinton happen by giving the authority to the I wish to briefly examine a chart and his administration to protect the Secretary to make the decision—the which talks about the very high profit American consumer from purchasing same authority asked for by President margin of the pharmaceutical industry. drugs which the FDA doesn’t have the Clinton and his Secretary of Health One of the reasons why the pharma- wherewithal to determine whether or and Human Services—to make the de- ceutical industry can spend so much not they are adulterated. termination as to whether a drug com- money on lobbying, on campaign con- Now, the response to this, of course, ing into this country through re- tributions, on advertising is because of the substantive response versus the importation is safe and effective. That the profits they make year after year. pejorative response, which is that it is is what we charge the FDA to do. To In 2004, drug companies ranked as the just a pharmaceutical stalking horse— third most profitable industry in the the substantive response to this from claim it is some sort of an attempt to United States with a 15.8-percent profit the Senator from North Dakota is, we undermine the purpose of keeping con- margin, which is about three times are not suggesting anything that gets sumers safe is just the exact opposite higher than the profitability of a me- purchased isn’t FDA approved. It has of what it is. The purpose of this amendment is to dian Fortune 500 company, which is at to be an FDA-approved drug. That is about 5.3 percent. This is in 2004. This what the language in his amendment make sure American consumers, when comes from the Kaiser Foundation. says. Yes, that is true; that is what the they buy a pharmaceutical, whether What we can also see, and what this language of his amendment says. But they buy it in the United States or chart tells us, is the extraordinary the practical way it works is the FDA whether they go over the border and profits the drug companies are making can’t assure you, the American cus- buy it and bring it back into the from particular drugs. Epogen is the tomer, my constituents, they can’t as- United States, can be confident that drug. Amgen is the company with prof- sure that customer who goes to Canada pharmaceutical is safe and effective as its of $2.5 billion. Taxol is the drug; the the product they purchase in Canada is determined by the FDA. So it is ex- firm is Bristol-Myers Squibb, $2.1 bil- FDA approved, is the FDA-approved tremely reasonable language. It is not lion for one drug, and on it goes. They drug it says it is because the FDA has language that was proposed, as was no ability to monitor that drug in Can- represented by the Senator from are profitable year after year. The ada. Vermont, by the Bush administration pharmaceutical industry continues to In the United States, it can abso- as a stalking horse for the drug indus- be one of the most profitable industries lutely guarantee if you buy—the Sen- try. It is, in fact, language which was in this country. ator from North Dakota has been using proposed by President Clinton, Presi- I have another chart. One of the the example of Lipitor—if you buy a dent Clinton’s Secretary of Health and issues I look forward to discussing with bottle of Lipitor, that it is going to be Human Services, supported by them. Members of the Senate is the fact that Lipitor. But if you buy that bottle and They asked for the authority, and it is as taxpayers in our country, we con- you cross the border and bring it back now the same position which has been tribute billions and billions of dollars into the United States, the FDA has no taken by this administration, the Bush to the National Institutes of Health, way of knowing or being able to man- administration. the universities, the foundations for age the question of whether that is the Mr. President, the Senator from the very noble and important purpose drug that is supposed to be in that bot- Georgia has been very courteous in al- all of us support: to create drugs that tle. That bottle can be bottled in a way lowing me to go forward and taking will address the major illnesses facing that puts a drug that has been adulter- this time before he and the Senator us, whether it is cancer, diabetes, ated into the bottle and then claim to from Arkansas were to speak. So at AIDS, whatever it may be. We have be FDA approved. That is not a projec- this time I will reserve my comments spent billions and billions of taxpayers’ tion. In fact, that is exactly what is and yield the floor so the Senator from dollars in a sense subsidizing the drug happening today. Georgia can take his time. companies and, in fact, taxpayers do Yesterday, for example, the FDA put The PRESIDING OFFICER. The Sen- not get any reasonable price returns out a press release citing the fact that ator from Georgia is recognized. from them. We just give them the there are 24 pharmacies that are online Mr. CHAMBLISS. Mr. President, I money. today people use in America that are thank my good friend from New Hamp- Here is an example. Taxol is a very not American pharmacies, that are shire for yielding. I certainly agree important and widely used medicine. international, and they now have abso- with everything he has just been According to a 2003 GAO report, the lutely firm evidence those pharmacies, speaking about relative to the bill that NIH spent $484 million on research for or the group of pharmacies, the group is on the Senate floor now. Taxol, Bristol-Myers Squibb spent $1 that manages those pharmacies, is sell- (The remarks of Mr. CHAMBLISS per- billion and subsequently earned $9 bil- ing drugs representing that they are taining to the introduction of S. 1283 lion in profits. one type of drug but actually what is are located in today’s RECORD under In other words, American taxpayers being delivered is something entirely ‘‘Statements on Introduced bills and are paying twice: once in the form of different. In some cases it was just Joint Resolutions.’’) underwriting pharmaceutical research starch. It wasn’t a drug at all. Even Mr. SANDERS. Mr. President, I ask and the second time in the form of mo- though it was claimed to be an FDA- unanimous consent that the order for nopoly prices. approved drug, with the certification the quorum call be rescinded. When we talk about the drug compa- on it, with the batch number on it, The PRESIDING OFFICER. Without nies, we should also deal with the issue with the expiration number on the objection, it is so ordered. they often bring up. PhRMA is a very package, it turned out it was starch. Mr. SANDERS. Mr. President, the de- powerful lobbying group, the most pow- In another instance it turned out it bate we are now having is an extraor- erful trade group on Capitol Hill. What was an entirely different component dinarily important debate; in fact, it they tell us is they need these very

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5543 high prices, they need all of the tax- ous concerns with S. 1082 in its current form ing medications. The Administration be- payers’ money because they are put- and will work with Congress to address them lieves further discussion must take place be- ting all of that into research and devel- as the legislative process moves forward. fore addressing these issues in legislation. The Administration appreciates that por- The Administration strongly opposes the in- opment. Don’t we all want new drugs tions of S. 1082 are consistent with the Ad- clusion in this bill of any provision related for diabetes, cancer, AIDS, and a dozen ministration’s recommendations for reau- to follow-on protein products. other terrible illnesses? This chart thorization, which strengthen FDA’s ability The Administration would also strongly tells us something a little bit different. to ensure the safety and availability of new oppose any provision that might be added on This chart tells us the pharma- drugs and medical devices, create a new pro- the Senate Floor regarding the importation ceutical industry spends far more for gram for review of television advertise- of prescription drugs that does not address marketing—and goodness knows we ments, and strengthen post-market review. the serious safety concerns identified in the These user fee programs expire at the end of December 2004 Department of Health and have seen their ads on television over Human Services Task Force Report on Pre- and over again, and guess who is pay- the current fiscal year, and their timely reauthorization is critical to the ability of scription Drug Importation. The Administra- ing for those ads. We are, in terms of FDA to continue to carefully and expedi- tion believes that allowing importation of high prices for the drugs, far more for tiously review and approve new drugs and de- drugs outside the current safety system es- marketing than for research and devel- vices to benefit the health of the American tablished by the FDA without addressing opment. people. these serious safety concerns would threaten Let me get back to the thrust of The Administration is committed to fur- public health and result in unsafe, unap- what this debate is all about, and let ther improving drug safety through better proved, and counterfeit drugs being imported tools for surveillance of drug events, im- into the United States. As a result, if any me be very clear. As I mentioned a lit- such importation provision were included in tle while ago, the Cochran amendment proved scientific tools for evaluating drug safety problems, and better means of com- the final version of the bill presented to the is a poison pill. If anyone is serious municating drug safety problems to pro- President, the President’s senior advisors about prescription drug reimportation, viders and patients. However, the Adminis- would recommend that he veto the bill. if people are serious about lowering the tration is concerned that the bill, as written, The Administration strongly opposes the cost of prescription drugs from 25 to 50 would require significant resources to imple- inclusion of any unrelated provisions that ment burdensome process changes that will would disrupt the timely reauthorization of percent, if people are serious about the user fee program. The Administration standing up for consumers in this coun- not contribute meaningfully to improving drug safety. For example, the prescriptive looks forward to working with Congress to try, they will vote against the Cochran reauthorize PDUFA and MDUFMA expedi- timeframes to develop and process Risk amendment. tiously to avoid any disruptions to these suc- Evaluation and Mitigation Strategies are cessful programs. So that no Senator has any doubt particularly burdensome and are not likely about what is going on, Mr. President, to contribute to improving drug safety. Ad- Mr. SANDERS If you are voting for I ask unanimous consent to have print- ditionally, the Administration is concerned the Cochran amendment, which says, ed in the RECORD a Statement of Ad- about the provision in S. 1082 that would use well, we want the Secretary to certify ministration Policy, dated May 1, 2007, increased user fees to fund certain additional we can go forward, what you are voting from the President’s office, and I will drug safety activities that were not agreed for is to kill reimportation. The White quote from the bottom of page 2, where to during the statutorily required Agency-in- House was honest enough to make that there it is in black and white. This is a dustry negotiations. This provision reopens very clear. So it would seem to me that and is inconsistent with the Administration two-page letter. It says: PDUFA proposal that was developed through for those people who want reimporta- As a result, if any such importation provi- extensive consultation. tion, you have to vote ‘‘no.’’ If you sion were included in the final version of the There are other provisions in S. 1082 that don’t want reimportation, then you bill presented to the President, the Presi- also raise serious concerns. Specifically, the can vote for it. But that is the simple dent’s senior advisers would recommend that bill would make changes to the BPCA and reality. he veto the bill. PREA to reduce the incentives to conduct There is another issue which I under- There being no objection, the mate- clinical trials for children, thus reducing the stand was raised a little while ago—I rial was ordered to be printed in the effectiveness of the program. It also would was not on the floor at that moment— impose administrative burdens that would RECORD, as follows: and that dealing with the Clinton ad- make the programs inefficient and in many EXECUTIVE OFFICE OF THE PRESI- ways unworkable. These provisions would re- ministration’s attitude toward re- DENT, OFFICE OF MANAGEMENT duce the flexibility the agency needs to con- importation. I must say when I was a AND BUDGET, duct these programs, require an inefficient Member of the House, I was very in- Washington, DC, May 1, 2007. duplication of scientific expertise, and cause volved in this issue. I was one of the STATEMENT OF ADMINISTRATION POLICY delays in the review of pediatric assess- leaders in the House in fighting for pre- S. 1082—FOOD AND DRUG ADMINISTRATION ments. Both BPCA and PREA have been very scription drug reimportation. Back in REVITALIZATION ACT successful in providing the necessary incen- the year 2000, we worked very closely (Sen. Kennedy (D) MA) tives for drug companies to conduct pedi- with the Clinton administration and atric clinical trials to improve our under- The Administration strongly supports re- with then Secretary of Health and standing of how drugs work in children, thus authorization of the Prescription Drug User enhancing the quality of their medical care. Human Services Donna Shalala to craft Fee Act (PDUFA) and the Medical Device BPCA and PREA should be extended without and pass reimportation legislation. User Fee and Modernization Act (MDUFMA). modification. During that process, the Clinton ad- These two programs account for nearly one quarter of the Food and Drug Administra- Potential Amendments: Follow-on Protein Prod- ministration came to support re- tion’s (FDA) annual budget and support ucts and Importation of Prescription Drugs importation over a period of time. more than two thousand Agency employees The Administration supports the goal of Unfortunately, as many in this who work diligently to ensure the safety and making safe and effective drugs available Chamber remember, it was during that efficacy of the medical products on which and affordable for American consumers. debate on reimportation that the Sen- the American people rely. Reauthorizing While some in Congress may be interested in ator from Mississippi first offered the PDUFA and MDUFMA will enhance FDA’s attaching legislation related to follow-on certification language he is putting ability to more efficiently and effectively protein products to this bill, the Administra- forward today. So he has been doing regulate drugs, biological products, and med- tion believes that these complex issues this for quite a while. It is true Sec- ical devices, a critical component of the should be considered thoroughly through a Agency’s public health mission. Addition- robust scientific, regulatory, and legal dis- retary Shalala refused to implement ally, the Administration is committed to re- cussion. Sufficient discussion has not yet oc- the reimportation legislation passed in authorizing the Best Pharmaceuticals for curred and should not be abbreviated for the 2000 as a result of this certification. I Children Act (BPCA) and the Pediatric Re- convenience of a particular legislative vehi- know opponents of reimportation like search Equity Act (PREA), which have pro- cle. Any legislative proposal considered to to characterize Secretary Shalala’s re- vided invaluable information to the Agency authorize a regulatory pathway for follow-on fusal to implement reimportation be- about medical products’ interaction with pe- protein products must, as a first priority, en- cause she believed reimportation was diatric populations. sure the safety and efficacy of the resulting impossible to make safe. That is the The Administration shares the goal of S. products, thus protecting patient safety. 1082 to provide FDA with the appropriate Furthermore, it should also include adequate argument we hear over and over again: tools and resources to enhance the safety intellectual property protections for Hey, it is not us. Even the Clinton ad- and efficacy of the products the agency regu- innovators, in order to maintain the re- ministration said reimportation could lates. However, the Administration has seri- search enterprise that has generated life-sav- not be made safe. But what I must say,

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5544 CONGRESSIONAL RECORD — SENATE May 3, 2007 as straightforwardly as I can, is that Second, the drug reimportation provision The third flaw identified by Sec- argument is not accurate. It is not fails to prevent drug manufacturers from dis- retary Shalala was the 5-year sunset in right. criminating against foreign distributors that that version of the bill. That sunset In her December 26, 2000, letter to import drugs to the U.S. While the law prevents contracts or agreements that explic- would limit the public benefit from the President Clinton dealing with this itly prohibit drug importation, it does not investment the public would be making issue, Secretary Shalala outlined sev- prohibit drug manufacturers from requiring to put a safe reimportation system in eral ‘‘flaws and loopholes’’ that would distributors to charge higher prices! limit place. In other words, she was saying, prevent the legislation from being ef- supply, or otherwise treat U.S. importers why should we go through all this effective. As someone who was active in less favorably than foreign purchasers. fort if we are to only have a 5-year the debate of 2000, let me also say it is Third, the reimportation system has both process. a fact that these ‘‘flaws and loopholes’’ authorization and funding limitations. The The Dorgan amendment addresses law requires that the system end five years were identified prior to the passage of after it goes into effect. This ‘‘sunset’’ provi- that concern. that legislation, but opponents of re- sion will likely have a chilling effect on pri- Finally, the Secretary noted the ab- importation refused to address them vate-sector investment in the required test- sence of a long-term income stream to because they knew those flaws and ing and distribution systems because of the fund enforcement of the reimportation loopholes would be fatal. uncertainty of long-term financial returns. system. The legislation being offered today In addition, the public benefits of the new The Dorgan amendment addresses by Senator DORGAN addresses each and system are diminished since the significant that concern. every one of those flaws and loopholes investment of taxpayer funds to establish In short, to characterize Secretary identified by Secretary Shalala. So let the new safety monitoring and enforcement Shalala’s letter as one that says re- functions will not be offset by long-term sav- importation is unsafe is to me say this again. If anyone comes to ings to consumers from lower priced drugs. the floor of the Senate and says the Finally, Congress appropriated the $23 mil- mischaracterize the essence of that let- Clinton administration thought re- lion necessary for first year implementation ter. What Secretary Shalala was crit- importation should not go forward be- costs of the program but did so without fund- ical of was poison pills, what she called cause there were flaws in it that could ing core and priority activities in FDA, such ‘‘flaws and loopholes’’ that were put in, not be dealt with, that is simply inac- as enforcement of standards for internet or allowed to remain in the bill at the curate. What Secretary Shalala said is, drug purchase and post-market surveillance bidding of the pharmaceutical industry there are concerns I have, and these activities. so they could defeat reimportation. In addition, while FDA’s responsibilities I have been involved in this issue for concerns have got to be addressed. last five years, its funding authorization is Well, guess what. Senator DORGAN’s only for one year. Without a stable funding a long time, and that is what the drug legislation does just that. base, FDA will not be able implement the companies do. Every day there is an- Let us take a look at her letter. Mr. new program in a way that protects the pub- other reason why we can’t go forward President, I ask unanimous consent lic health. to lower the cost of prescription drugs. that the letter I am referring to be As you and I have discussed, we in the Ad- Every day there is another reason why ministration and the Congress have a strong printed in the RECORD. we have to pay the highest prices in There being no objection, the mate- obligation to communicate clearly to the the world for prescription drugs. We American people the shortcomings in poli- rial was ordered to be printed in the cies that purport to offer relief from the high have 1,200 lobbyists, no doubt many of RECORD, as follows: cost of prescription drugs. For this reason, I them running around right now knock- DECEMBER 26, 2000. feel compelled to inform you that the flaws ing on doors, to make sure our people Hon. WILLIAM J. CLINTON, and loopholes contained in the reimportation continue to pay the highest prices in The White House provision make it impossible for me to dem- the world. Washington, DC. onstrate that it is safe and cost effective. As Secretary Shalala wrote in her letter DEAR MR. PRESIDENT: The annual appro- such, I cannot sanction the allocation of tax- that she, in fact, hoped Congress would priations bill for the Food and Drug Admin- payer dollars to implement such a system. fix the flaws and close the loopholes in istration (FDA) (P.L. 106–387), signed into Mr. President, the changes to the re- law earlier this year, included a provision to importation legislation that we have pro- that 2000 legislation of 7 years ago, and allow prescription drugs to be reimported posed can and should be enacted by the Con- this is what she wrote to President from certain countries for sale in the United gress next year. At the same time, I know Clinton: States. The law requires that, prior to imple- you share my view that an importation pro- Mr. President, the changes to the re- mentation, the Secretary of Health and vision—no matter how well crafted—cannot importation legislation that we have pro- Human Services demonstrate that this re- be a substitute for a voluntary prescription posed can and should be enacted by the Con- importation poses no additional risk to the drug benefit provided through the Medicare gress next year. public’s health and safety and that it will re- program. Nor is the solution a low-income, In other words, in 2001. Let me repeat state-based prescription drug program that sult in a significant reduction in the cost of that. Secretary Shalala wrote to Presi- covered products to the American consumer. would exclude millions of beneficiaries and I am writing to advise you that I cannot takes years to implement in all states. What dent Clinton: make the demonstration called for in the is needed is a real Medicare prescription Mr. President, the changes to the re- statute because of serious flaws and loop- drug option that is affordable and accessible importation legislation that we have pro- holes in the design of the new drug re- to all beneficiaries regardless of where they posed can and should be enacted by the Con- importation system. As such, I will not re- live. It is my strong hope that, when Con- gress next year. quest the $23 million that was conditionally gress and the next Administration evaluate Unfortunately, it has taken 7 years of appropriated for FDA implementation costs the policy options before them, they will work to bring us to where we are for the drug reimportation system included come together on this approach and, at long today. This should have been done in the FY 2001 appropriations bill. last, make prescription drug coverage an in- As you know, Administration officials tegral part of Medicare. years ago. Under the Republican lead- worked for months with members of Con- Sincerely. ership, there was no question we could gress and staff to help them design safe and DONNA E. SHALALA. not get to first base on reimportation. workable drug reimportation legislation. Un- Mr. SANDERS. Mr. President, the I hope things have changed now. fortunately, our most significant concerns first flaw Secretary Shalala identified Let me conclude by saying that any- about this proposal were not addressed. was the lack of any requirement that one who comes up here and says they These flaws, outlined below, undermine the are for reimportation but they are vot- potential for cost savings associated with the drug manufacturers give importers prescription drug reimportation and could permission to use the FDA-approved la- ing for the Cochran amendment is in pose unnecessary public health risks. beling for imported medicines. fact not for reimportation. Anybody First, the provision allows drug manufac- The Dorgan amendment addresses who comes up here and says, well, even turers to deny U.S. importers legal access to that concern. the Clinton administration said we the FDA approved labeling that is required The second flaw identified by Sec- could not do that, I am afraid also that for reimportation. In fact, the provision ex- retary Shalala was the lack of any ban is not accurate and I think they are plicitly states that any labeling information provided by manufacturers may be used only on drug companies discriminating quoting Secretary Shalala, who was for testing product authenticity. This is a against foreign companies that export then Secretary of Health and Human major loophole that Administration officials medicines to the United States. Services, out of context. discussed with congressional staff but was The Dorgan amendment addresses As I have mentioned before, I have not closed in the final legislation. that concern. been through these battles with the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5545 drug companies before. There is noth- said we should stay focused on the ingredient, make drugs that look just ing the pharmaceutical industry will facts. I have come to the floor for a few like those drugs that are approved by not do—nothing—in order to make sure minutes just to talk about some of the the FDA, whether they are Viagra or they remain one of the most profitable facts. Zocor, and to find a way for those to industries in America. They will say Many of us have suggested that, two come to the marketplace. anything, do anything, and put any years ago, when we created Medicare It is not something the FDA today, kind of pressure they can on Members Part D—which is a prescription drug or any FDA prior, has said they can po- of the Senate or Members of the House. benefit for individuals in this country lice. For those Members who have been Today, we have an opportunity to do who are Medicare eligible—we lessened intricately involved since September something important. For many years the problem that many seniors had ex- 11, 2001, at understanding what our there was growing concern in this pressed; and that is, their inability to ability is to have a full knowledge of country about a do-nothing Congress, buy pharmaceutical products. what comes into this country, some of about a Congress that was worried far Just recently, an analysis published us have actually gone to Washington more about the wealthy and the power- by AARP, the American Association of Dulles Airport. We have seen the Cus- ful than the needs of ordinary Ameri- Retired Persons, showed the new Medi- toms officials go through the bags and cans. The elections in November have care drug benefit saves seniors more bags of pharmaceutical products that changed that. We have new leadership money than buying pharmaceuticals come into this country. It is impos- here. I hope very much that under this from Canada. Now there is a new one. sible, without a chemical test, to deter- new leadership we will all summon up For those who are on border States, the mine whether one tablet is authentic the courage to stand up to the drug AARP—the authority because they cer- or the next one is counterfeit, whether companies, the most powerful, the tainly had a loud voice before Part D one has an active ingredient or wheth- most greedy lobby and industry right was created—said drugs from Canada er one is minus all active ingredients. here on Capitol Hill, and that we will are actually more expensive than what There have been several operations go forward and we will pass this legis- Part D has been able to negotiate. conducted in this country that deal lation to lower the cost of prescription Let me say in every State we have with the cyber-trafficking of pharma- drugs for all Americans. multiple choices. Seniors make their ceutical products. Mr. President, I yield the floor, and I choice. They participate in a plan. It is Fictitious pharmacies: These are suggest the absence of a quorum. a private sector plan. But there are ba- companies that prey on individuals The PRESIDING OFFICER (Mr. NEL- sically four large benefit managers, who are solely looking for low-priced SON of Nebraska). The clerk will call and they negotiate prices. What they pharmaceuticals. They think they are the roll. have done is, they have been able to ne- dealing with reputable pharmacies The assistant legislative clerk pro- gotiate a price that has even exceeded around the world. Yet there is no phar- ceeded to call the roll. what Canada could sell drugs for at re- macy. At the other end of the Internet Mr. BURR. Mr. President, I ask unan- tail. are crooks. They prey on people who imous consent that the order for the This AARP bulletin found that many look for pricing. In fact, as some of quorum call be rescinded. who choose the least expensive plan those groups have been rolled up by our The PRESIDING OFFICER (Mr. that meets their prescription drug law enforcement, what we find is the CARDIN). Without objection, it is so or- needs—this is under Part D—will still products that were coming in had sub- dered. pay less for those drugs than they stantial deficiencies in things such as Mr. BURR. Mr. President, we are at a would purchasing them from Canada. active ingredients. lull in the movement of the drug safety So it is not the ‘‘Cadillac’’ plan that What happens when a patient takes a bill, a bill to assure American con- seniors would have to choose to get product where the active ingredient sumers, American patients, that there less expensive drugs in the United does not exist? The illness they have is is more than just the acknowledgment States than from Canada. In fact, with not affected. For an individual who by the Food and Drug Administration the least expensive plan, AARP evalu- might have high cholesterol who has that a drug is safe and effective; that ated they would get a cheaper price on been put on a drug that will lower that there is a mechanism post-approval as their pharmaceuticals by having Part cholesterol because they are suscep- Americans across the country begin to D, accessing it at a U.S. pharmacy tible to heart problems, to have no ac- take those medications; that we are where they can feel fairly confident, if tive ingredient means they have a cho- watching for potentially any adverse not totally confident, the product is, in lesterol buildup in their veins, and reactions to a drug that a new popu- fact, what they thought it was. without intervention the likelihood is lation, an increased number of Ameri- Just recently, in Detroit, MI, an in- they might have a heart attack. They cans that may be taking the drug. It is dictment charging 19 individuals with might die. Unfortunately, when they in an effort to make sure that if we see operating a global racketeering con- take a drug they think is real, but it the signals of that unintended conspiracy, was unsealed. The Federal has no active ingredient, unfortu- sequence, that we look more thor- court announced—the U.S. attorney for nately, they do not know until they oughly at the benefits of that drug the Eastern District of Michigan—the have a medical incident. being on the market. indictment alleges that portions of the So let me make this point to all my When I left the floor earlier today, profits made from illegal enterprises colleagues: If the purpose is to lower the sponsor of the importation amend- were, in fact, funding Hezbollah. This the cost of health care, then we are ment suggested that Vioxx was not is a foreign terrorist organization, by taking a mighty big risk because, in beneficial to anybody. The fact is, I do the way. Nine of the individuals were fact, what we may be doing is we may not think it is the role of Members of arrested. The indictment charged that be raising the cost of health care in the Senate—unless you are Dr. between 1996 and 2004, this group America, and with a disregard for the COBURN—to suggest that you practice worked together in a criminal enter- lives of the individuals who might be medicine. There are physicians who prise to traffic in contraband ciga- affected. found the advantages of Vioxx, while it rettes, counterfeit Zig-Zag rolling pa- When I came to the floor earlier was on the market, they found it was pers, and counterfeit Viagra. today, I mentioned that last year alone advantageous to thousands, if not hun- So as to the claims we have made on 1.7 million tablets of counterfeit dreds of thousands, of patients. the Senate floor—I believe the Senator Viagra were uncovered, 1 million tab- I am sure those patients are back on from North Dakota when he says: We lets of Lipitor. This is according to the ibuprofen, Naprosyn, or other products have done everything we can in this Wall Street Journal. I think that is that might cause significant gastro bill to assure the public of the safety surpassed, though, by the fact that last challenges for them, and that is why and integrity of the product—though year—as we were in the heat of this their doctors switched them originally. there is nothing in the bill that forbids new potential pandemic flu, H5N1, the They needed relief from pain. anybody who wants to circumvent the bird flu; and we aggressively in this Well, a lot of things have been said, law, in other words, make counterfeit country then and still today are trying and the Senator from North Dakota drugs, make drugs that have no active to come up with a vaccine and with

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5546 CONGRESSIONAL RECORD — SENATE May 3, 2007 other countermeasures that might be from North Dakota has the votes po- Food and Drug Administration, pro- able to defeat or minimize the impact tentially to win this. I do not find that ducing medicine and put into a bottle of the bird flu—companies around the too comforting, myself. I spent 2 years that is approved by our Food and Drug world started to look for Tamiflu as a of my life actively involved in the 1997 Administration and sold in this coun- successful countermeasure. modernization of the Food and Drug try and the same medicine, in the same Individuals in this country searched out- Administration. I worked with people bottles, sold in France, sold in Italy, side of the country because the supply was so on the right, the left, and the middle. I sold in Germany, sold in Canada, sold limited. Well, Customs agents have inter- worked with people who wanted to do in England, to have the U.S. consumer cepted more than 50 shipments of counterfeit things at the FDA that today we still pay the highest prices of all of those Tamiflu. It is an antiviral drug that is spe- countries. Is that fair to the U.S. con- cifically designed to be stockpiled for the have not done, thank goodness, but pandemic flu. there are still people who want to do it. sumer? The answer is no. We have a lot of issues that are being You see, my point is this: Counter- But we all came together to uphold one raised on the issue of safety. All the feiting, the trafficking of pharma- thing in that process—not to lower the things I have heard discussed on the ceuticals exists today. Anything that bar, not to lower the standard that we floor of the Senate apply to today— loosens the regulations on access to asked companies to reach with their now—when we don’t have importation. these pharmaceuticals invites more products for us to put that FDA stamp We are not able to import safely. I people to participate in gaming the of approval, ‘‘safe and effective,’’ on it. should say we are not able to import, U.S. consumer and, for that matter, There are products sold outside the rather, prescription drugs because the global patient. This is not some- United States that could never pass the there is a prohibition against it. The thing that is limited to the United application process in this country. I only entity that can import a prescrip- States. know the Senator from North Dakota tion drug is the manufacturer. Lipitor. Clearly, the adulterated product is usually does not, in his bill, allow those prod- a product that is manufactured somewhere ucts to come in. He limits it to FDA- I held up two bottles of Lipitor on the outside of this country. Not only can they approved products. So my focus is sole- floor today. Lipitor is made in Ireland. make a handbag look like a designer bag, ly on the product that is FDA-approved They send it all around the world. they can make a ‘‘Viagra’’ pill look like in this country, but that has been man- They send it to Canada and they send Viagra. Now, unfortunately, you will know ufactured in a way that either provides it to the United States. The bottle real quick whether there is an active ingre- little active ingredient or no active in- looks the same, the pill looks the same dient in that. But you will not know if it is, gredient, and with potentially harmful because it is the same, and it is sold in fact, a cholesterol-lowering drug or one of the things that really does affect the long- components found in that pill, or what- under the same chain of custody—Can- term health of the American people. ever the dosage might be. ada and the United States. There is A study published in the medical It is my hope we will continue to only one difference. The U.S. consumer journal Science found when a choles- talk about this issue. But when I left is treated to double the price when terol-lowering drug manufactured in the floor I thought it was important to they purchase their Lipitor. Is that the United States was compared just to go look at some of the articles to see if fair? Should we pay twice the price for generic copies bought over the Internet this is still a real problem. It is a prob- an FDA-approved drug? I don’t think from Mexico, Thailand, India, and lem today. It will be a problem tomor- so. Brazil, there were differences in the row, and if we pass this, I think it will My colleagues have said there are blend, the uniformity of the blend—an be a bigger problem in the future. It is counterfeiting issues. Well, all of the error that could dilute their effect on a problem that is involved in funding stories that have been recounted about patients. The authors concluded that terrorism around the world. It is a counterfeiting issues are occurring clinically this would have significance problem that will not go away, but at under today’s schematic of prescription for a patient who was prescribed a half least today, we are able to control it. drug sales in America. This has noth- a tablet per day, which is not an un- We are able to control it in a way that ing to do with importing. In fact, the common practice. has a smaller effect on the quality of legislation I have offered is legislation So for that senior at home, who has life of the people in this country. I that would make the supply of pre- suggested an increase in the amount of think that is why they have us here. scription drugs in this country and the milligrams of active ingredients so But we will continue the debate and we supply that would come into this coun- they can cut their pills—take half one will see where we end. I think it is im- try under reimportation much safer. day and half the next day because portant enough that we spend days, if They would be safer because we have there are ways to maximize—what this it takes days, to debate this legislation put in place safety procedures that report found, published in the medical and to make sure everybody in this have previously been blocked in the journal Science, was that an adulter- country understands what is at stake. Congress, establishing serial numbers ated product that does not reach the I yield the floor. on the supply of prescription drugs, correct consistency throughout the pill The PRESIDING OFFICER (Mrs. samples of the supply of prescription might on one side provide the active MCCASKILL). The Senator from North drugs to be held back by those who are ingredient and might on the other side Dakota is recognized. manufacturing and moving the pre- not provide any active ingredient Mr. DORGAN. Madam President, I scription drugs, establishing a pedigree whatsoever. It could affect the dis- would like to offer a few comments for all of these drugs and the bottles in solving rate, which could affect the about this subject. My colleague has which they travel. It is much safer. It onset of effect, or bioavailability. spoken on it several times. As I have will be much safer for the domestic These are stories that come right out indicated, we all want to deal from the supply in addition to the supply of im- of medical journals. This is not about same set of facts. This is not—let me ported prescription drugs. That is the pharmaceutical companies and how emphasize again—it is not importing point we make. powerful they are in Washington. This the standards of other countries with I suppose people will be tired of hear- is about whether the focus of the Sen- respect to the safety of prescription ing me say that I respect those who ate is on the safety and the well-being drugs. It does not do that. I want to have a different opinion, but I would of the American people. This is about make sure everybody understands what prefer if they would stand up and say: whether, in fact, we are going to main- the facts are. Everyone is entitled to You know something. Here is my situa- tain the gold standard of the Food and their own opinion; everyone is not enti- tion. I think the American people Drug Administration or whether we are tled to their own set of facts. This does ought to pay twice the cost for Lipitor going to accept the standards of other not import the standards of some other because I believe that. That is a pricing countries in the world where their bar country into this country with respect strategy that works for my constitu- is not quite as high, where they are to the safety of prescription drugs. ents. willing to accept less in innovation, This is simply the question of whether I don’t hear anybody saying that, of just to receive less in price. we want to continue to have FDA-ap- course. They stand up and say there I am not sure that is a good tradeoff proved drugs made in FDA-approved will be big safety issues, or my col- for the country. Clearly, the Senator plants; that is, a plant inspected by our league who in an earlier speech this

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5547 morning said this amendment would developed and they manufacture drugs. tion that exists in this global economy allow drugs to be imported into this Good for them. I know they also do in which the American consumer pays country from all over the world. I am substantial research on their own and I one price and consumers in virtually sorry. That is not right. That is not de- appreciate that. I don’t appreciate the every other country pay a lower price bating the bill that exists. We are not pricing strategy because I think it is for their prescription drugs. That, I letting drugs in from all over the unfair to the American consumer. think, is a horrible disadvantage to world; only from countries that would I don’t know how many people I have consumers in our country. qualify, that meet the safety stand- talked to over the years who have Some will say: Well, you know now ards. These would only be FDA-ap- come up to me and told me of their we have a Part D in Medicare which of- proved drugs, and they would only be problems: I am 80 years old. I have fers prescription drug benefits to senior drugs that are retained under a chain heart disease. I have diabetes. I take citizens. Yes, that is true. It does. It of custody, with a pedigree attached to all kinds of medicines, they say, but I has what has been defined around here the drug. There are no safety issues, can’t afford them. The doctor says in only in the lexicon of politics as a unless one thinks it is unsafe for the Dickinson, ND, one night: I have this doughnut hole. Only in the political pharmaceutical industry not to make welfare woman, and this patient has a system could we use those kinds of de- the profits they currently make. They pretty aggressive form of breast can- scriptions, but it has a kind of a cir- perhaps would see some smaller cer. He says: You have to be taking cumstance where you reach a certain amount of profit if they passed part of this medicine to prevent a reoccur- level and then there is no drug cov- the lower cost along to the consumers. rence when you have surgery. You have erage on up from that level. Obviously, Maybe perhaps the industry could do to take this medicine to prevent a re- the prescription drug Part D for Medi- a little less advertising, just a little occurrence of breast cancer. She says: care is helpful to senior citizens; there less advertising. When you turn on the What does it cost? He tells her. She is no question about that. But it cer- television at night and you sit down at says: I can’t possibly do that. I can’t tainly isn’t perfect because there is a the end of a long day and you see some- possibly take that. I don’t have the substantial portion of it in which pre- body driving in a convertible with money to do that. I can’t buy that scription drugs are not covered. At beautiful people and they park under a medicine. Does this matter? It sure that point, senior citizens who are tree someplace and the Sun is setting, matters to the person whose life is at reaching the declining years of their it is a beautiful appearance, and they stake. So price is an issue. It is a big lives are finding it very difficult to say: These people are feeling good be- issue. purchase their prescription drugs. cause of medicine they are taking. You We have all these anecdotal stories. There is much to say about this should be asking your doctor whether We know the data. The amendment I issue. I know there are some who worry you might want to take some of that. have offered will save $50 billion over that offering this amendment on pre- Get some of this pill. Get some of this the next 10 years—$50 billion—most of scription drug pricing to this under- medicine. The Sun shines, you get to it to consumers, through lower drug lying bill, the FDA Reauthorization ride in convertibles, feel better, hang prices. That is a fact. It is not going to, Act, injures the underlying bill. I sup- around beautiful people. That is the in any way, injure the safety of our port the underlying bill. I think my way advertising works, I guess. I have prescription drug supply. It will, in colleagues, Senator KENNEDY and Sen- talked about the purple pill. They say: fact, enhance it dramatically by estab- ator ENZI, have done some good work. I Ask your doctor, is the purple pill lishing pedigrees with respect to the support that work. Let me say—and I right for you? I don’t know what the movement of prescription drugs in this know they know this—it is perfectly purple pill is, but I almost feel like country and into this country. That is appropriate to offer this amendment on asking the doctor, is the purple pill a fact as well. this bill because this is where it be- right for me? All of this promotion and I said this morning I hate to lose de- longs. This is exactly where you would advertising, maybe they could back off bates I am not having, and it happens offer an amendment of this type. No a little bit of that and reduce the all the time on the floor of the Senate one should express surprise about that. prices to the American consumer. But because someone is debating a bill I So we offer the amendment and then that is not the strategy. didn’t introduce. They are welcome to we file cloture so we can actually get The strategy in pricing prescription do that. If it is attractive, maybe I will to a vote on it, and all of a sudden it is drugs is that almost every country has introduce it someday, but I am not in- like the circus left town. They pull up some kind of limitation on what can be terested in having a debate with some- the tent stakes, fold up the tent, every- priced with respect to prescription body who wants to reformulate the leg- body is gone. All of a sudden we can’t drugs, except the United States of islation I have introduced. This ad- vote anymore. Why? I guess they are America, and here it is Katie bar the dresses safety, all of the issues that upset that my amendment is now in door. Whatever they want. We do have Donna Shalala, the former Secretary of order to be voted on, and they say: You price controls in America. Not imposed Health and Human Services raised, so know, I don’t know. We can’t do that. by the Government; price controls by we have incorporated into the bill, Sen- As I have indicated before, I would be the pharmaceutical industry. ator SNOWE and I and others have in- willing to offer this amendment in a Now, this is a fine industry. They corporated that right into the legisla- different form—the same amendment have men and women working, trying tion. So you can’t, it seems to me, but in a circumstance where I had an to unlock the mystery of diseases, try- make a strong case that there are valid agreement to be able to bring it up. ing to find ways to produce medicines safety issues. Again, I don’t have prob- Four hours of debate, for example, a that will manage diseases. I admire all lems with those who come to the floor couple of amendments that would be of that. I say congratulations to them. saying let’s continue the current sys- offered by the other side, I would have But I have a serious disagreement with tem, but I think the current system is the right to offer second-degree amend- them on pricing strategy. They are wrong. They have a right to advocate ments, we would go to a vote and de- wrong to believe they have to charge for the current system, but the current cide whether the Senate will pass a the highest prices to American con- system is unfair to the American con- proposition that would give us an op- sumers. That is a fact. They are wrong sumer, in my judgment. portunity to reimport FDA-approved about that. They say: Well, it is the I want us to have the opportunity to drugs from other countries that are only way we can do research and devel- have good health care and opportuni- identical to the other drugs we now opment. That is not true at all. That is ties to be able to access miracle drugs, purchase, except at a lower price. I not true. A substantial portion of re- the opportunity to use those miracle would be happy to agree with others search and development is done by the drugs to manage diseases so you can who would give us that time and that taxpayer through the National Insti- stay out of an acute care bed, which is circumstance so that we could have tutes of Health and others, and the the most costly health care in our this vote. I don’t need to have the vote product of that is turned over to the country. But I think it becomes almost today or Monday or Tuesday, if I have pharmaceutical manufacturers in a health care rationing in our country an agreement that we will be able to terms of intellectual property that is when we say we will ignore the situa- get the vote at some moment.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5548 CONGRESSIONAL RECORD — SENATE May 3, 2007 This vote has been stalled a long The PRESIDING OFFICER. Without Iraq—not just weapons that could while. Senator Frist, when he was the objection, it is so ordered. threaten the national security of the majority leader, standing right back U.S. POLICY IN IRAQ United States but also no weapons of here at the end of this aisle at about 1 Mr. BYRD. Madam President, Presi- mass destruction of any description. o’clock in the morning, in exchange for dent Bush marked the fourth anniver- Saddam Hussein and his Government my releasing a hold on the nomination sary of his announcement that major are gone. The Iraqi people have elected of Dr. McClellan, indicated to me and combat operations in Iraq have ended a new government. The U.S. military then put into the CONGRESSIONAL by vetoing war funding legislation be- has achieved success in Iraq, and that RECORD, in the Senate RECORD, that we cause he claimed it limited his ability success has come at a high price, both were going to have action on this kind to prosecute a war unconditionally and in dollars and in lives. Thus far, over of legislation. It turns out it never hap- indefinitely. Our Armed Forces are now 3,350 American men and women have pened. Senator Frist, of course, is now well into their fifth year of combat op- been killed, and many more have been gone. For whatever reason, it never erations—longer than the U.S. was in- wounded. Including the funding in the happened. I spoke at great length to volved in World War II—and the time is emergency supplemental vetoed by the him about these issues, but it didn’t overdue to examine and update U.S. President, over $450 billion has been happen. policy in Iraq. provided by Congress to execute this So this is an opportunity for us to ad- The legislation, which President war. vance this legislation, and it is the Bush vetoed, would have set a respon- The October 11, 2002, authorization to right place at the right time. This has sible, new course for the war that was use force has run its course. It is 33 cosponsors. JOHN MCCAIN is a co- a balanced and fair proposal that I was time—past time—to decommission this sponsor, TED KENNEDY is a cosponsor, pleased to support. Sadly, the Presi- authorization and retire it to the ar- CHUCK GRASSLEY is a cosponsor, DEBBIE dent continues to believe peace and chives. If the President has more that STABENOW is a cosponsor, and OLYMPIA stability can be forced on the Iraqi peo- he wants to do in Iraq, then he needs to SNOWE is the major cosponsor with me. ple at the point of a gun. He was wrong make that case to Congress and to the It is the Dorgan-Snowe bill. in 2002 when he sought authorization to American public. Our continuing pres- Thirty-three Republicans and Demo- go to war, and he is wrong today. ence in Iraq is not supported by the crats are cosponsors of this legislation. However, now that the President has people or the Congress. The President This is exactly where it should have insisted on continuing down this failed must redefine the goals and submit his been offered, and it was. Now, all of a path, it is our responsibility to discuss plan to achieve them to a thorough and sudden, apparently there is some kind alternatives that can become law. The open debate in the Congress and of gastric distress because we had a Congress is not an ATM, spitting out throughout the country. That is the cloture vote and we prevailed in the billions whenever the President re- American way. Success will elude us vote that we say, all right, let’s have quests it. It is a policy arm of the Gov- without the support of the people votes on this amendment. So my hope ernment, as well as its banker. The whose sons and daughters are being is that, first, while we might form Constitution says the Congress shall asked to die daily in the sands—yes, opinions on this amendment, we could have power to provide for the common the sands—of Iraq. coalesce on a central set of facts that defense. It is the Congress—yes, it is I propose October 11, 2007, as the ex- represents what the amendment does the Congress—that is given the sole piration date for the 2002 authorization and says; and, second, that we can power to declare war. The Congress is and that the President seek a new au- begin, on behalf of the American peo- sworn to raise and support armies. The thorization from the elected represent- ple, to make some movement here and Congress and the people of the United atives of the people in Congress. The to begin to have votes. States have a right to expect clarity in President must be clear about what he I also hope that, as I listen to further our mission and a foreseeable end to now hopes to accomplish in Iraq and debate on the floor, we can stick to this conflict. how he intends to achieve it. President what the amendment is. It is not to re- The situation in Iraq, in 2007, is very Bush must build support for his plan. import lower priced FDA-approved pre- different from what it was in 2002, Without the support of the public and scription drugs from everywhere. It when the Congress authorized the use the Congress, we should no longer be in limits it to those areas where we have of military force in Iraq. The President this fight. It is now an Iraqi fight for safe and effective supplies of prescrip- himself said this: national reconciliation, not a war to tion drugs. This is not the war we entered in Iraq, but ensure U.S. national security. If the I hope we can get all of the facts it is the war we are in. President sees a further role for U.S. straight. This amendment has a lot of It is time to rethink, reset our goals, troops, he should articulate it and seek support. I believe the American people, and consider a new authorization consensus for a changed mission. I hope by 75 to 80 percent, support this. I have which outlines the mission as the my colleagues on both sides of this im- seen poll after poll where the American President now sees it. The October 11, portant debate and on both sides of the people believe it is wrong and unfair 2002, authorization for the President to aisle can agree that the 2002 authoriza- for them to be charged the highest use force in Iraq was very specific. tion has run its course. It is no longer prices in the world for prescription After expressing support for diplomatic viable, and it should be set aside. drugs. Why on Earth should they drive efforts to resolve the causes of conflict What I propose does not mandate re- 10 miles between two drugstores—one with Iraq, the authorization allowed deployment on any date certain. It on the Canadian side and one on the the use of force for two purposes. The simply calls on the President to make American side of the border—only to first was to defend the national secu- the case for the new situation in which find that the same medicine, put in the rity of the United States against the we find ourselves. My proposal does not same bottle, made by the same com- continuing threat posed by Iraq. The set limits on troop levels, nor prevent pany, FDA approved, has only one dif- second reason was to enforce all rel- them from doing what is necessary to ference—the American consumer gets a evant United Nations Security Council protect themselves and U.S. personnel. chance to pay double. How do you jus- resolutions against Iraq. It also does not prevent us from pur- tify that? You don’t. We ought to In 2002, and early 2003, President suing terrorists who may have set their change it. Bush made his case to Congress and to sights on the United States. What it I yield the floor and suggest the ab- the American people for the invasion of does is stop our troops from fighting sence of a quorum. Iraq. His stated goals included the endlessly in an Iraqi civil war after Oc- The PRESIDING OFFICER (Ms. KLO- elimination of the weapons of mass de- tober 11, 2007, unless the President—our BUCHAR). The clerk will call the roll. struction programs that Iraq was President—receives a mandate from The assistant legislative clerk pro- thought to possess, and the overthrow the American public and the U.S. Con- ceeded to call the roll. of Saddam Hussein’s regime. By that gress. Mr. BYRD. Madam President, I ask yardstick, the U.S. military has Let us try to give the President a unanimous consent that the order for achieved brilliant success. No weapons chance to refocus his vision on the the quorum call be rescinded. of mass destruction were found in changed circumstances in Iraq, free

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5549 from the shackles of a shamelessly out- ization to 1 year, and I believe a full re- be sure that what we are promising dated grant of authority. I deplore the consideration of the terms and condi- will be done gets done. political gamesmanship which has po- tions of that authorization is overdue. There are a lot of pages here, a lot of larized our Nation. I regret the harsh This bill would require the President to different things. I am definitely not partisanship which rages while our do just that. going to hit on all of them, but I am brave troops fight and die. The American people have called for going to mention a few that people A fresh start could help to change change, the facts on the ground de- probably ought to be a little concerned the dynamic in this country. A con- mand change, and the Congress has about. certed effort by the White House to re- passed legislation to require change. It Here again, on page 56, I thought it assess its goals and opportunities in is time to sunset the authorization for was going to be U.S. drugs, or at least Iraq could point a path to progress. A the war in Iraq. If the President will drugs from U.S. companies that are al- new debate in Congress could resolve not bring himself to accept reality, it ready FDA approved that we were confusion and contention about con- is time for Congress to bring reality to going to make sure there was an abso- tinuing a strategy for Iraq that no him. lute chain of making sure they got longer addresses the exigencies of I urge my colleagues to join Senator back into the United States so that today. We need a new mission which BYRD and me in supporting this effort you could trust what came from U.S. makes clear the changed role of our to require a new authorization resolu- companies. Yet on page 56 we see: troops. We need a diplomatic compo- tion or to refuse to do so for these new Notice; drug difference not requiring ap- nent to the plan which might encour- times and these new conditions that we proval. age the national reconciliation so and our troops are facing every single What? badly needed to quell the violence in day. . . . supplemental application would not be Iraq. We need a plan to reach out to Madam President, I yield the floor. required for the difference to be made to the other countries in the area which share The PRESIDING OFFICER. The Sen- U.S. label drug, or that states that there is our interest in seeking stability in ator from Wyoming is recognized. no difference. Iraq. But first we need to clear the cob- Mr. ENZI. Madam President, what we And then a whole bunch of require- webs and the confusion caused by a are actually on, of course, is the 30 ments again for the Secretary, which grant of authority that no longer has hours of debate postcloture on the drug goes down the line to the FDA. So I any relevance to the present conditions importation amendment, and I do want think we can conclude we are not just of Iraq. to make some comments on that. I per- going to bring in U.S. drugs. If there is I ask other Senators to consider my haps should have done more extensive anything you would like to have, you proposal, whether this proposal is con- debate before, rather than agreeing for can. sidered on the supplemental, on the De- a time specific for a vote on it, but Then there is a section called ‘‘Im- fense authorization bill, or on the De- that option has passed at the moment. portation by Individual.’’ This covers fense appropriations bill. I ask cooler I congratulate Senator DORGAN for his the portion where each person can get heads to see the possibilities of begin- tremendous victory. on the Internet or telephone or what- ning a new assessment of where we are I am hoping there will be some ever way and order drugs. There are re- and where we are going. I ask for a changes yet. Perhaps there will not be. quirements in this bill for exporters, cease-fire in the political war in Wash- We took a 300-page bill that dealt with which are the people who are sending ington for the sake of our troops and drug safety in the United States and drugs to other countries; there are re- for the sake of our country. we then added a 140-page bill that deals quirements in here for importers, Madam President, I yield the floor, with bringing in drugs from other which are companies receiving drugs— and I suggest the absence of a quorum. countries. It is a limited number of and those could be pharmacies, prob- The PRESIDING OFFICER. The countries, to start with, but it is bring- ably would be pharmacies, although clerk will call the roll. ing in drugs from other countries. I there could be some wholesale—but The assistant legislative clerk pro- suggest if they are as safe as what we there is also this section about impor- ceeded to call the roll. have been told, parts of this bill would tation by the individual. Mrs. CLINTON. Madam President, I not exist. I hope everybody takes a little look ask unanimous consent that the order For instance, page 48, on bioequiva- at that, because in the United States I for the quorum call be rescinded. lence. It was my understanding what have been working a lot on financial The PRESIDING OFFICER. Without would be brought into the United literacy, trying to get people to under- objection, it is so ordered. States would be drugs from companies stand finances and how they can stay Mrs. CLINTON. Madam President, I from the United States that went to financially sound and hopefully finan- rise to join my colleague and friend, Canada, or went to some other place, cially secure, and it is a huge job. With Senator BYRD, to announce our inten- and could be brought back into this regard to the No Child Left Behind Act tion to introduce legislation which pro- country. These would be FDA-approved and in Education, we keep talking poses October 11, 2007—the 5-year anni- drugs. These would be the ones we rely about plain old literacy; just being able versary of the original resolution au- on the FDA for. If they are exactly the to have people read, and read at grade thorizing the use of force in Iraq—as same drugs, by exactly the same com- level, and hopefully read well enough the expiration date for that resolution. pany, why would there be a section on to have a good job and to protect them- As Senator BYRD pointed out, the Oc- bioequivalence? selves. They better be literate, because tober 11, 2002, authorization to use It says: look on page 62 and read what the im- force has run its course, and it is time . . . if the Secretary determines that the porting individual is responsible for. to reverse the failed policies of Presi- qualifying drug is not bioequivalent . . . the Because if they are not responsible for dent Bush and to end this war as soon Secretary shall . . . include in the labeling this, they could easily be getting some- as possible. provided under paragraph (3) prominent advi- thing that is not an approved drug or Earlier this week, President Bush ve- sory that the qualifying drug is safe and ef- that is not from the source they think toed legislation reflecting the will of fective. it is. It could be a counterfeit drug, and the Congress and the American people Well, let me see. We didn’t ask them particularly as this opens up on the that would have provided needed fund- to review it, we didn’t ask that it go front end. How many people doing ing for our troops while also changing through the same procedure, but we counterfeit drugs now are going to course in Iraq and beginning to bring want the Secretary to provide labeling want to jump into the breach and catch our troops home. that says it is safe and effective. I people before they understand any of I believe this fall is the time to re- don’t know why we would expect the this? I suspect there will be a huge es- view the Iraq war authorization and to FDA to say anything that is bioequiva- calation of companies getting into the have a full national debate so people lent should have their endorsement of counterfeit business. There are a few can be heard. I supported the Byrd being safe and effective. If we do, it ex- dollars in it—quite a few dollars. amendment on October 10, 2002, which pands their job dramatically and there I would encourage people to look on would have limited the original author- ought to be resources that go with it to page 62. There are things scattered

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5550 CONGRESSIONAL RECORD — SENATE May 3, 2007 throughout the bill an individual would United States to make what we have have to get Zocor, and it is $33.64 for 30 have to know to be sure what they here and are relatively certain about pills. That is a 1-month supply of 10- were getting was safe, if they ordered even safer. That is the purpose of the milligram pills. That would not, of individually. But that is kind of the bill. Now we are adding these addi- course, include the cost of shipping and point of the bill, because most of them tional sections, 140 pages, which bring handling. probably will be ordered individually. the problem from other countries to In the United States, there is a ge- On page 64, Request for Copy of Spe- our country. I grant it, a lot of those neric Zocor, simvastatin. The statins cial Labeling and Ingredient List. I are made in the United States or by are all designed so that part of the think that probably would be handy. companies from the United States. label talks about doing similar things. Then, on page 65, it goes into the Page 72, again, has a whole bunch of But the generic Zocor in the United question of adulteration, where it says requirements for what kinds of things States costs $29.99 for 30. So that is a qualifying drug that is imported or ought to be included with the drug. $3.50 less. It is not a lot, depending on offered for import shall be considered You need to know those because if they what you consider a lot to be, but it is to be in compliance if the drug is in are not, you maybe ought to suspect less. But if you are willing to use compliance with all these other sec- there may be a problem. You have to provostatin or lovastatin, we are talk- tions. be able to check the packaging and ing about $4 a month—$4 a month as There is also a section titled Stand- note whether it has the proper seals opposed to $33.64 a month. ards for Refusing Admission. There are and whether there could have been any People need to be aware that just be- quite a few ways it can be denied, but damage to them. It is your problem— cause we say Canada is cheaper, it is in order for these adulterated drugs to unless, of course, the consumer con- not always cheaper. But for those drugs be denied, to be refused admission, sents to waive the requirements after which are cheaper, page 75 has a little somebody has to find them. So what being informed the packaging does not provision. kind of force are we going to add to the comply. There is fascinating stuff in I need to explain how Canada gets FDA to make sure these things can be here. this price fix. It is called negotiated found? Here is one of the parts that really price. How do you negotiate a price if I am particularly fascinated with ought to interest us. When we get to there is a sole supplier? You really do item (F), which gives the Secretary page 76, page 76 says you have to play not have much luck negotiating if it is some extra capability if the drug is the game: You can’t win, you can’t a sole supplier, so you have to take counterfeit or if the drug may have lose, and you can’t get out. Here is how similars. I use the example that if been prepared, packed, or held under that works. there are five heart medicines, you insanitary conditions. Now, the fact Canada has price fixing. There is no make those five bid against each other. that they mention it has to make you doubt about it. That is how they get That is your leverage. If you make believe there is a possibility—maybe a some of the lower prices on some of the them bid against each other, you have probability, the way it is put in here— drugs. You can’t buy all of the drugs in to drop somebody to get the price that they will be prepared, packed, or Canada at lower prices. In fact, I have down, and probably several to get the held under insanitary conditions. a friend in Afton, WY, who is a phar- price down, so maybe you have one or The United States has a little dif- macist. He had a fellow come in who two heart drugs instead of five. But ferent level of sanitation than a lot of was from Canada but he could not get you tell your doctors—who in Canada the countries around the world. Of back to Canada and his prescription work for the state—that is their course, all of these aren’t going to had run out, so he relied on an Amer- choice, and they make it. come from all around the world to ican pharmacy to get his prescription But in the United States, we are used begin with, or will they? refilled. All the time they were filling to having our doctor make the deci- Let’s see. They do not have to be bio- the thing, he is complaining about how sion. And because of television adver- equivalent. There are a whole bunch of this darned prescription is going to tising, we are able to make some of our things the individual has to watch out cost him an arm and a leg because it is own decisions on what we think would for themselves. It doesn’t have to be in the United States and the cheap be the best one and tell our doctor the same drug that was manufactured drugs are in Canada. The pharmacist what he better do for us. Sometimes in the United States or from a United gave it to him, told him what the price that is another little problem. States company, and if it gets into the was, and he said: But that is cheaper At any rate, that is how Canada gets EU, it can come to us. That is EU now; than I get it in Canada. lower prices. We can probably do that EU later. The EU is expanding. We That is a little bit of financial lit- in the United States, too, but people in ought to take a look at some of the eracy. Just because you heard every- the United States really expect to be countries that are being brought into thing is cheaper in Canada doesn’t able to get the drug their doctor says consideration, particularly if you mean it is. they ought to have. I think we would might be worried about them being You should particularly pay atten- have a large-scale revolution if we packed, held, or prepared under insani- tion if there are generics because U.S. started suggesting that the Govern- tary conditions. generics do not translate to Canada ment could figure out which drugs they Then we get to page 71. Again, there nearly as quickly, if at all. The compa- could have so we could get lower are a lot of things I would like to men- nies had to go through this bidding prices. tion in between, but this is all boring process. The bid doesn’t take into con- Page 75, section (b), that is where detail stuff, anyway, so I will highlight sideration the change, and that is part they say if a company has a drug that a few of these things and let people of the deal, that you get a little bit of is in Canada, it has to be sold in the think about them a little bit. exclusivity with your pill. United States at the same price. So On page 71, we give the Secretary I was interested in Zocor. It is a big you really do not have to go through some more responsibilities. They have drug in the United States and a big Canada. That will just move Canada’s to: drug in Canada, although Canada has price fixing down to the United States. I have to mention a little thing on . . . enter into an agreement with the gov- one-tenth the population of the United ernment of the country to receive informa- States. The Health Minister called me pricing when the Government gets into tion about recalls and withdrawals of quali- and said: You cannot be considering that business. Back in 1975, I got mar- fying drugs in the country; to monitor re- this import thing. We do not have the ried, and my wife and I started a shoe calls and withdrawals of qualifying drugs in capability to supply the United States store in Gillette, WY. You will recall at the country using any information that is with their drugs. We will be inundated that time that the Government decided available to the public in any media. with prescriptions, and we do not have they would put some prices in there. There are requirements for notice that big of a supply because we have a This really shows that it was 1975. We and changes in the labeling, packaging, tenth of the people the United States always made sure there were several and that sort of thing. has. styles of men’s shoes that were under That is all additional. We are asking Getting back to my Zocor story, that $10. I don’t know if you can get the them to do some more things in the has gone generic. In Canada, you still laces for $10—yes, you can. But you

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5551 cannot buy $10 leather shoes, leather up there at a rate that is below cost— which was not? Can you be sure the one lined, particularly not made in Amer- if you are doing it at U.S. costs—if you you say was made in Canada was made ica. That has disappeared, too. can jerk that drug. in Canada? I will tell you, there are But they decided, for a whole range That is why Canada is a little bit some absolutely marvelous counter- of products in the United States, that concerned about what we are doing feits out there. the Government would set the price to here. First of all, they don’t have The box I have here has a couple of keep down inflation. The companies, as enough drugs in the pharmacy and examples of confiscated drugs from the soon as they heard about that, said: enough pharmacies to supply 10 times FDA. You cannot tell by the box, you This will really affect our profitability, their population, for the people in the cannot tell by the packaging, you can- and we are not going to be allowed to United States, and second, they are not tell by the pill. I am even told that raise them except at set particular worried because their supply will be if you grind it up, you will wind up times and for set amounts. So what cut off before this bill goes into effect, with the same components; they are they did was raise their prices right so it really doesn’t go into effect. That just not put together right, so they away. A $10 shoe became a $15 shoe would be the effect of it, that this don’t work. But as long as it is not a overnight. Then the price setting went would be 140 pages of wasted trees. lifesaving drug for you, you can get into effect and they were allowed to You have to believe, unless there is along with it, anyway, you just will raise it again, and they raised it again an ironclad contract, that is what a not be getting the benefits from the to the maximum there. And every time business would do. It is a terrible thing drug. Something to think about. they were allowed to raise it, they to have happen to Canada or the other There is a possibility of improving raised it. It made a huge difference in countries. But that is what happens that section, because one of the amend- the price of shoes, as it did with every- when you fix prices. ments that has already been filed is by thing that was being attempted to be I would mention that on page 115, it the Senator from New Hampshire, Mr. controlled. People wound up paying a begins a section on Internet sales of GREGG, who has been working this lot more than if there had been no Gov- prescription drugs. I will give them Internet problem for a long time. He ernment pricing. credit for giving it a try. I will not give has an amendment that is a vast im- How will that work here, if you are a them credit for having a very complete provement over this section and might pharmaceutical company and they say or safe job on it, but it is a try. It is be able to greatly enhance and perhaps correct some of the problems that can that you are not going to be able: important for them to try because happen there. . . . to discriminate by denying, restricting most of the people in the United States will be ordering their drugs, probably, I would mention one more. Page 131, or delaying supplies of a prescription drug to a restricted transaction. See if you a registered exporter or other person in a through the Internet—perhaps over the permitted country that exports a qualifying telephone but not in person. have the pharmaceutical literacy to drug to the United States under this section. The examples we have heard of every- know exactly what is happening here. ... thing working fine have been of people A restricted transaction means a trans- And you can’t: going across the border in a car and action or transmittal on behalf of an individual who places an unlawful drug discriminate by publicly, privately, or other- buying at a pharmacy. That makes wise refusing to do business with a registered sure the trail of concern and safety is importation request to any person en- exporter or other person in a permitted more likely to be there. But the Inter- gaged in the operation of a registered country that exports a qualifying drug to the net is a little bit more universal. foreign pharmacy. Now we have got to know who the United States under this section . . . Things can go around the world in a registered and unregistered ones are And so on. I am reading from the bill matter of minutes. They can go from and whether it is lawful or unlawful here. What it says is that if you are one server to another server to another drugs. Again, there is so much literacy selling it to them now, you can’t server—you are now covering three that has to go into this, as opposed to change at all. countries—and it looks as if it came what you get in the United States, that If I am the company that is about to out of the last country, perhaps, if you you know it was from the United find out that the price I have in this want it to look like that. There are a deal with Canada, which is just a small States. lot of things that can be done. I know We probably do pay a premium for part of the deal, and I am doing it—I the kids would probably understand our safety. Most people want to be sure am the only accountant in the Senate. that more than I would because they they are safe. There is also a little bit For accounting purposes, sometimes are able to do a lot more things on the of a problem with the bill the way it is these companies will sell to another Internet than I am able to do on it. written and being able to tell about the entity a ways away—in this case, an- I know there are some difficulties wholesale licensure and the pedigrees other country—for a lower price be- with the Internet because the FDA has that go with that licensure. There will cause they cover the costs and make a already intercepted problems and been be another amendment that will be profit on what they are doing. But by able to confiscate some drugs that were submitted that hopefully can clear up picking up peripheral sales, there is tremendous problems. They are pretty some of those problems. I hope people less cost involved in them, so there is sure some got into the country and will work with us. still the same amount of profit. Grant- didn’t wind up in a situation of death, As you can see, one of the things we ed, that is kind of an accounting tech- but they did find out they wound up in are trying to do is to make a problem nique, but it is the way a lot of busi- a situation where the person was not better. I think it would have been a lot nesses have to pick it up. That is why getting what they thought they were better if we could have gone ahead and they keep going for additional sales getting and it wouldn’t digest and had the drug safety taken care of and looking for ways to get additional problems such as that. But they have today, which we were on a track to do, sales. They have gotten additional also confiscated a huge amount of because Senator KENNEDY and I had al- sales in Canada by going through this drugs which have been sold over the ready worked through all of the bidding process which fixes the price. Internet which came into this country amendments that had been turned in, But what we are saying on page 75 of and which have a lot of problems. with the exception of the importation this bill is that if you sell to Canada, I had a display up here on the desk. one. We had been able to resolve or you have to keep selling, you have to The Senator from North Dakota likes have them withdrawn for almost every- keep selling at the same price, and you to hold up two pill bottles and say: thing and could have wrapped it up cannot get out of the game unless—and What is the difference between these with a few more votes. But it will take here is the ‘‘unless’’ that I bet you two pill bottles? One is the United us a little longer now. We are hoping kicks in—unless you are not selling to States and one is Canada. What is the there are opportunities to improve the them. So unless there is some kind of difference in price? And he goes bill. I know under the procedure of the ironclad contract that requires them to through the pricing difference. But one Senate there are ways to keep people continue to do that, Canada is just of the things he ought to go through at from being able to have votes. about to lose its drug supply because the same time is: Can you tell which I mentioned a number of times the they are not going to continue to sell was made in the United States and success Senator KENNEDY and I have

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5552 CONGRESSIONAL RECORD — SENATE May 3, 2007 had with the Health, Education, Labor, The PRESIDING OFFICER. Without months before they were able to re- and Pension Committee, a big bite of objection, it is so ordered. solve that issue. Finally, the drug was the apple, the success we have had in Mr. KENNEDY. Mr. President, to re- withdrawn by the company. If the com- the previous 2 years. Some was because view where we are in this debate and pany doesn’t deal with the Agency, the we did not follow an exact procedure of discussion, we will be meeting again on Food and Drug Administration has the going to a markup and arguing until Monday next, making critical choices authority and power to withdraw the things were polarized. We took what we and decisions about the way we are approval and effectively repeal the could and worked with people through going to proceed. We have made good drug. But that has very important safe- the process, and they trusted us enough progress over the course of this week. ty considerations because there may be to work through the process, so by the Some of us were hopeful that we would certain populations where this par- time it came to the floor, we had a be able to move toward the completion ticular drug may be suitable. That is managers’ amendment that covered a of this legislation. But this legislation probably true with Vioxx. It is not lot of the difficulties people had with is enormously complex and enormously suitable for the general population but the bill. important. suitable for a particular population. When you put in an amendment, We have made, as I say, good What this does is give the FDA the technically the amendment is one way progress. We have a number of different kind of opportunity for labeling or the other. Oh, yes, there are ways to areas we have worked through over the changes to warn of safety problems. It do second-degree amendments, but you period of these past days. We will pro- has other alternatives which I will will not see many of those around here, pose a managers’ package and we will refer to lower in the chart. because that is putting in another very make the final judgments about the de- Are companies stopped from hiding concise set of words that is accepted or termination of this legislation on Mon- safety problems? It is extremely dif- rejected. They can change the original day next. ficult because we include the publica- bill a little, or perhaps a lot. Some of Again, we thank all of our colleagues tion of clinical trials so they will be them can be complete substitutes. But who have worked with us on the legis- available to the public. This trans- they are polarizing, and they do not lation. Very quickly, to say again why parency included in this legislation is take care of the technicalities. The ad- this legislation is important, and that enormously important. The value of vantage of running the bill through is because, as we know, the FDA effec- clinical trials is not only important this sized body, then through the other tively protects the prescription drug from a safety point of view but also for end of the building with 435 people, is supply and our pharmaceutical sup- individuals who are affected by disease to get 535 opinions of what ought to be plies, medical devices, vaccines, food and illness. They may make a judg- done. Out of 535 opinions, we can usu- supply and cosmetics; about 25, almost ment that they want to enroll in a par- ally come up with a pretty good bill. 30 percent of all of the consumer prod- ticular clinical trial and try to remedy But when an amendment is put in and ucts. So, it is enormously important their particular health challenge. there is no way to do any correcting, or that we have the FDA be the gold There will be the registry and the op- the only way you can do correcting is standard to protect American families, portunity for them to do that. That has another take-it-or-leave-it bill correc- particularly with regard to prescrip- not existed in the way we have done tion to it, it is a very difficult way to tion drugs and with regard to food and this. That opens up enormous kinds of get any legislation done. other items as well. opportunities for many people who Our success over the last 2 years of So very quickly, and finally, to re- have many of the illnesses and sick- getting legislation done was because view exactly what this legislation does nesses we know affect so many of our we worked this process of continually and why it is so important, why it is so families. So, we have the safety provi- working until we got to a final prod- urgent, why it is so necessary—and this sion and also the opportunity for peo- uct, which meant cleared through con- legislation falls in that category—that ple who have those illnesses and dis- ference committee. is why we are urging that we reach eases to take advantage of this pro- But evidently we are not going to do conclusion on Monday next. gram. that this year with this piece. It was a One of the notorious recent examples Does the FDA have flexible tools to significant victory for someone who of fear that took place in many house- enforce safety decisions? The answer is has worked very hard on it. Senator holds this past year, over the period of yes. This was described well by my DORGAN has worked hard on it for a the last year, was the Vioxx scare, the friend from Wyoming, Senator ENZI. He long time. He did an outstanding job of whole issue and question about those talked about the toolbox available to presenting it. Now I am hoping he will whose lives may very well have been the FDA. It can be included in labeling. work to see that it gets perfected a lit- shortened because of Vioxx. It can be included in terms of training tle bit more. It cannot be perfected in The best way to illustrate what we of various personnel to administer the the way we normally perfect it, but a are talking about in terms of patient drug. It can be included in terms of little bit more as we go through the safety is how this legislation would specialized targeting, particularly process, and perhaps by about next deal with a future kind of a Vioxx that groups in the medical profession who Thursday we can finish with the bill. It might endanger the health of our fel- have the skills to dispense those drugs. is an extra week of work, but I think low citizens. There are a variety of different tools this could have been brought up in a First, can the FDA quickly detect a that are in there that do not exist separate bill, handled individually, and safety problem with a drug? With the today. had some of the same mechanisms for Vioxx situation, the answer was no. improving it we would normally have Now we have a completely new system, Finally, is the FDA the gold standard in a bill. But that is behind us now. So a sort of an information technology for protecting the public health and as- we continue to work on the bill, and we system with regard to post-marketing suring access? We believe the answer is hope by a week from today we can have surveillance. We draw on all of the pub- yes. These are practical examples of this concluded. lic as well as private systems—the how we protect families. Mr. President, I yield the floor, and Mayo system, the veterans system, the We have another chart which makes suggest the absence of a quorum. myriad different systems that will be this point as well. We had an excellent The PRESIDING OFFICER (Mr. collecting information. It will be col- study done by the Institute of Medi- WHITEHOUSE). The clerk will call the lected in one central place—the FDA— cine, an extraordinary group of individ- roll. so the Food and Drug Administration uals who reviewed the powers of the The legislative clerk proceeded to can demonstrate that there is a safety FDA and made recommendations. This call the roll. problem. There will be notice for the chart shows we have incorporated in The PRESIDING OFFICER. The Sen- Agency. this legislation, by and large, the rec- ator from Massachusetts is recognized. Can the FDA require the label ommendations made by the Institute of Mr. KENNEDY. Mr. President, I ask changes to warn of safety problems? Medicine, with respect to drug safety. unanimous consent that the order for Under the existing circumstances, We built in the epidemiology and the the quorum call be rescinded. there was a negotiation for some 14 informatics capacity to improve post-

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5553 marketing assessment, using informa- We will move ahead on this. We have States would expand unilateral sanction technology; to make public the re- other items which have been proposed tions against the Sudanese—in the sults of the post-clinical trial; to regu- by our colleagues and on which we are President’s words—‘‘within a short pe- larly analyze post-market study re- prepared to make some recommenda- riod of time.’’ The President also stat- sults; to give FDA clear authority to tions. We have worked very closely ed he would press for multilateral sanc- require post-marketing risk assess- during the evening, early morning with tions through the United Nations. Both ment and management. If there are ad- Senator ENZI and our colleagues. We are important steps. I wish they had ditional kinds of requirements in terms are hopeful we will be able to see a con- been taken far earlier, but they are of the drug itself, the FDA will have clusion of this legislation, which is so still welcome steps. that authority and give better enforce- vitally important to the American peo- Deputy Secretary of State John ment tools. We also include some civil ple during the early part of next week. Negroponte recently returned from penalties to make sure this is going to Again, we are enormously thankful Sudan. The report on his trip was not be enforced—that is important—and to all and extremely grateful to my encouraging. He told us that Sudan’s conduct regular evaluation of a new friend and colleague, Senator ENZI. We President Bashir continues to stand in drug’s safety profile. We will continue look forward to a good discussion and the way of a full-scale U.N. mission. He with post-marketing surveillance. This debate and continued progress on this also said Bashir is not taking steps to will be a continuing process to protect very important bill at the beginning of disarm the militia that have terrorized the American consumer. It is an enor- the week. villages in Darfur, with the Khartoum mously important concept to imple- I suggest the absence of a quorum. Government’s tacit, if not open, sup- ment this. We will also increase drug The PRESIDING OFFICER. The port. clerk will call the roll. safety resources available to the FDA. I know President Bush had planned The legislative clerk proceeded to We have done all of these in this legis- to announce new sanctions at his call the roll. lation. speech at the Holocaust Museum. He We have enhanced the Office of Mr. DURBIN. Mr. President, I ask unanimous consent that the order for agreed to delay implementing further Science, and we have improved signifi- measures in response to a strong per- cantly the conflict of interest and the quorum call be rescinded. The PRESIDING OFFICER. Without sonal request from the Secretary Gen- other provisions. eral of the United Nations. This gives you some idea. We have an objection, it is so ordered. excellent statement from groups who PEACE IN SUDAN We cannot solve Darfur alone. It will represent 30 million patients: This leg- Mr. DURBIN. Mr. President, I rise take many nations. I understand why islation gives the FDA the ability to today to once again address the ongo- President Bush felt compelled to give continue to study the safety of drugs ing violence in Darfur, Sudan. the United Nations an opportunity. But after approval, flexible enforcement Hundreds of thousands of people have the world cannot wait long, and the tools necessary to ensure compliance been killed in that terrible genocide, people in Darfur certainly cannot be with these new safety protections, and and millions have been driven from asked to wait any longer. The violence additional funding to support these their homes. there is entering its fifth year. new activities. Allowing the Agency to This week, the International Crimi- A new report by the International act on clear safety signals could actu- nal Court has issued its first arrest Crisis Group, a nongovernmental orga- ally allow the FDA to approve drugs warrants for these murderous crimes. nization working to prevent conflict more quickly, knowing it will have the The ICC issued warrants for the arrest across the world, spells out the ur- ability to respond on behalf of patients of Sudan’s so-called Humanitarian Af- gency. This report states that combat if safety concerns appear post-market. fairs Minister Ahmed Haroun and in Darfur is rising, and the Sudanese That is important. With break- against a jingaweit militia leader Government continues to rely on aerial throughs in the life sciences and dif- known as Ali Kushayb. Sudan says bombardment and raids by the ferent opportunities that are now there is no need for such a trial and jingaweit militia as its tactics of available, the Agency will feel more that its own courts are capable of pros- choice against its own people. comfortable in approving drugs which ecution. This is the very same Govern- The Crisis Group report also spells they may have a speck of doubt about, ment that has helped orchestrate this out the complexity of what is hap- but they will know that with the kind campaign of violence, a government pening there. The report states: of review processes we have insisted on wheree courts are more likely to pros- Darfur is the epicenter of three overlap- in this legislation, they can get on the ecute rape victims than the men who ping circles of conflict. market quicker and that it can im- attack them. That is why we need First and foremost, there is the four-year- prove the quality of health and safe international action in response to old war between the Darfur rebel movements lives. This is very important: ‘‘knowing these crimes against humanity. and the government, which is part of the it will have the ability to respond on Mr. Haroun, who today serves as Su- breakdown between Sudan’s centre—the Na- behalf of patients if safety concerns ap- dan’s Minister for Humanitarian Af- tional Congress Party in Khartoum, which pear post-market.’’ fairs, was in charge of Darfur in 2003 controls wealth and political power—and the This is from the Alliance for Drug and 2004, at the height of the killing. marginalized peripheries. Safety that represents 30 million pa- The jingaweit commander, who is the Secondly, the Darfur conflict has triggered second man named in the warrant, a proxy war that Chad and Sudan are fight- tients, a very solid endorsement of ing by hosting and supporting the other’s what this legislation is all about. commanded thousands of militia mem- rebel groups. We have done a similar protocol with bers and is accused of promoting rape Finally, there are localized conflicts, pri- regard to food safety as well, of the im- and torture as part of his war strategy. marily centered on land tensions between portance of surveillance. As we would The Sudanese Government claims he is sedentary and nomadic tribes. with some bioterrorist threat, it is in custody, but witnesses have told re- The regime has manipulated these to win enormously important that we under- porters that in reality he has been Arab support for its war against the mostly stand what is happening in a number of traveling in Darfur under police protec- non-Arab rebels. these countries around the world, early tion. International interests, not least the pri- survey labs, and the follow-on provi- These arrest warrants are a signifi- ority the U.S. has placed on regime assist- sions that we have included. cant, if small, step toward justice, but ance in its ‘‘war on terrorism’’ and China’s A final point, we have had a debate there is so much more the world must investment in Sudan’s oil sector, have added with regard to the differential that has do to bring peace, justice, and security to the difficulty in resolving the conflict. taken place in the different countries. to the people of Darfur. This report calls for implementation The presentation has been made. There Recently, President Bush delivered a of a full-scale peacekeeping mission has now been the pending Dorgan speech at the Holocaust Museum, and the need to revitalize the peace amendment which recognizes this dis- promising that unless Sudan agreed to process itself. Peacekeeping troops can parity to make some adjustments on a full-scale peacekeeping mission and help keep civilians protected. Inter- this issue in terms of the medicines. took other steps, then the United national mediators from the African

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5554 CONGRESSIONAL RECORD — SENATE May 3, 2007 Union and the United Nations must For years, the Sudanese Government amendment, which will mean major also help the rebel groups and the Su- has supported and assisted the Lord’s cost savings to Americans when they danese Government reach a more Resistance Army, which has terrorized buy prescription drugs. Several times broad-based peace agreement. The first northern Uganda. over the last decade as a Member of the requirement, however, is getting peace- One of the focal points of the Sudan House of Representatives from a dis- keepers into Darfur. Conflict is rising. rally last weekend was to support leg- trict in northeast Ohio, including Lor- The humanitarian space is shrinking. islation introduced by my friend, State raine, Akron, and Medina, I took bus- It is becoming harder and harder for Senator Jackie Collins of Chicago. She loads of senior citizens to Windsor, On- many relief groups to reach those in is a wonderful leader on this issue. She tario to buy prescription drugs—a rath- need. has shown such persistence and cour- er peculiar thing perhaps for a Federal In testimony before the Senate For- age, pushing for divestment so that Il- official to do, to take people to another eign Relations Committee on April 11, linois, my home State, can have max- country to buy a consumer good. But Special Envoy to Sudan Andrew imum impact to end this genocide. Her what all of us know in this Chamber Natsios stated that Secretary General bill would divest State pension funds and most of the American people who Ban Ki-moon had requested a 2- to 4- and other investments that add to the have paid attention to this and under- week window in order to pursue diplo- coffers of the Sudan Government. stand, is that the same drug, the same matic negotiations with Khartoum be- At the rally, participants also sup- dosage, the same manufacturer, often fore any additional measures were ported efforts here in Congress, which the same packaging—that those pre- taken. May 11, just a few days away, Senator JOHN CORNYN and I have intro- scription drugs cost one-half, one- will mark a full month since Mr. duced, to express Federal support for third, and sometimes as little as one- Natsios’s testimony. On that date, if States, universities, and others that fourth in Canada what they cost in the Khartoum has not acted to take the choose to divest. United States. So we would take bus- necessary steps toward peace, I hope This movement is expanding, not just loads of mostly seniors across I90 on President Bush will launch expanded, here at home but abroad as well. Rolls- the turnpike, up through Toledo, into Windsor, Ontario to buy prescription hard-hitting U.S. sanctions and seek to Royce has announced it is withdrawing drugs and save seniors several hundred pass a United Nations Security Council from Sudan. According to media accounts, including the Associated Press, dollars, sometimes several thousand resolution with meaningful multilat- the Ford Motor Company, which pro- dollars a trip for each of them. eral sanctions. The opponents of the Dorgan amend- We need to strike out economically duces Land Rovers, will no longer sell Land Rovers in Sudan. According to ment, the opponents of reimportation, where it will hurt—against Sudan’s oil for years—and when I was in the House industry. And I hope that China, which these press accounts, Ford made this decision after the Securities and Ex- they used these same arguments—have sits as a permanent member of the Se- continued to use the issue of safety, as curity Council and represents Sudan’s change Commission sent the company an inquiry asking about reports that if the drugs you buy at Hunter’s Phar- biggest oil customer, will join in our some Land Rovers may have been used macy in Windsor, Ontario are any less efforts. China buys 70 percent of Su- by military or paramilitary organiza- safe than the drugs you buy 3 miles dan’s oil, and reportedly the Khartoum tions. away across the bridge in Detroit, MI, Government spends 60 to 80 percent of This Saturday, Berkshire Hathaway, or 50 miles down the road or 60 miles its oil revenue on its military. The Su- one of the largest and most respected down the road in Toledo, OH. The fact danese Government uses that military investment firms in the country, will is that issue is a smokescreen. We against its own people, especially in convene a shareholder meeting. Warren know that drugs sold in Canada often Darfur. Buffett, who runs Berkshire Hathaway, are drugs that are made in the United As a rising power, as the host of the has agreed to put the divestment ques- States. Lipitor is a drug made in Ire- next Olympics, and as a member of the tion on the agenda. land. It is sent to Canada or it is sent Security Council, it really is China’s The divestment movement was to Steubenville, OH. It is the same responsibility to use its influence to launched on college campuses. It is drug, the same packaging, the same convince Sudan to accept the full-scale now reaching the boardrooms of major dosage, the same manufacturer, and it peacekeeping mission that is really corporations and the agenda of share- is every bit as safe in Steubenville, OH, needed. China has helped convince holder meetings. Divestment is one as it is in Windsor, Canada, or just as Sudan to say it will accept 3,000 U.N. tool among many, along with U.S. and safe in Windsor as it is in Steubenville. peacekeepers, but far more than that is U.N. sanctions, increased penalties for Let me talk for a moment about the needed, and Beijing can play a pivotal violations of U.S. law, stepped up en- whole issue of the safety of these role in bringing peace to Darfur. The gagement by China, and a commitment drugs. Importation, I believe, as Sen- statement made by the Chinese Gov- to reengage the peace process itself. ator DORGAN does and as do so many in ernment a few days ago was encour- I have made these points before, but this Chamber, as do I believe 62 Sen- aging, but it was a very modest state- we must not let the Sudanese Govern- ators who voted for cloture, importa- ment when you consider the magnitude ment think that the often limited tion is safe for drugs and for other sen- of this genocide. American attention span will wander sitive commodities. In the year 2000, Today, there are fewer than 7,000 away from Darfur. We will not blind for example, the Pentagon imported underequipped African Union peace- ourselves to genocide, and we will not Anthrax vaccine from Canada for U.S. keepers spread across Darfur—an area grow fatigued by more news stories of troops. There was no question as to the size of Texas but Texas without suffering in this distant place. We must whether it was safe. Of course it was roads or infrastructure. do, in every way possible, what we can safe, and it mattered, and it protected The cause of Darfur has captured the do as individuals, as Members of Con- our troops. The U.S. imports guns and hearts of millions of Americans. This gress, and as Americans who care, explosive chemicals, uranium, food, past weekend, in Chicago and in cities Americans who have said when it pacemakers, heart valves, and other across the Nation and around the comes to a genocide: Never again. medical devices safely. Again, we are world, thousands of people gathered in Mr. President, I yield the floor. able to make sure these drugs are safe. support of the people of Darfur and in The PRESIDING OFFICER. The Sen- If the Federal Government can put a support of efforts to divest from com- ator from Ohio is recognized. man on the Moon, they can certainly panies that invest in Sudan. Mr. BROWN. Mr. President, I appre- ensure the safety of imported prescrip- I should also mention that this same ciate very much Senator DURBIN’s tion drugs. The Federal Government weekend, at Soldier Field in Chicago, words on Darfur and how he continues that says it can build a nationwide thousands of young people gathered in to keep that issue in front of the Amer- missile shield with thousands of pre- support of the ‘‘Invisible Children’’ of ican public, and how important it is cisely coordinated weapons and sensors Uganda. These children have also been that the assistant majority leader do can ensure the safety of imported pre- victimized by years of war, and indeed that. scription drugs. The Federal Govern- the conflicts in Northen Uganda and I rise to speak on behalf of the Dor- ment that says it can develop hydro- Sudan are intertwined. gan amendment, the reimportation gen-powered cars within 15 years can

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5555 surely ensure the safety of imported The Miami Herald last year reported means individual seniors out of pocket, prescription drugs. A Federal Govern- that a recent study of 11 commonly it means insurance companies, it ment that says it can safely ship and split tablets found that eight of them, means taxpayers, it means the VA, it store thousands of tons of nuclear after splitting, no longer met industry means all of us would save significant waste can surely ensure the safety of guidelines. amounts of money. But we know what imported prescription drugs. A spokesman for the drugmaker is at stake because the drug companies What is the real safety issue? The Pfizer told the Washington Post: are going to make that much more real safety issue is not whether a con- We don’t recommend it for patients. Split- money as a result. sumer from Ohio, from Ashtabula, driv- ting can lead patients to receive too much or That is what this is all about. It is all ing up to Canada, driving through Erie, too little medicine. about drug companies protecting their PA, into Buffalo and across the river All of this happens because of the profits, increasing their profits. We all into Ontario, can’t buy the same safe pricing of prescription drugs. know the drug industry—and this drug with the same safe drug regimen So when the opponents of the Dorgan amendment is not against the drug in- in Ontario as that consumer does in amendment say we can’t guarantee the dustry. It is for consumers. It is for Ashtabula. The issue about drug safety safety of these prescriptions we get taxpayers. It is for small businesses. It is that, frankly, unaffordable drug from Canada, that Drug Mart or CVS is for insurers. It is for the payers, peo- prices are what compromise the safety might buy wholesale from Canada, that ple who are paying for these expensive of these drugs. these can’t be guaranteed safe—they drugs. But we know that in this insti- Let me give a couple of examples. can be guaranteed safe just as well as tution, in the Senate and down the hall The drug companies’ pricing policies CVS or Drug Mart going to an Amer- in the House of Representatives, it is compromise the health and safety of ican wholesaler the FDA has approved. all about drug company lobbyists, hun- U.S. patients in this way: A study com- The real safety issues are when pa- dreds and hundreds and hundreds of pleted last year found that seniors who tients cannot afford the high cost of drug company lobbyists fighting to can’t pay what the drug companies de- these drugs and either don’t fill the keep their profits, to expand their prof- mand fill fewer of their prescriptions. prescription or take the drug every its. It is an industry that over the last That means the doctor is telling the other day or cut the pill in half so their 20 years has been the most profitable industry in America, year in and year patient that the patient should take prescription lasts twice as long for the out, exceeded only a couple of years by this drug the doctor prescribed and the same costs. Those are the real prob- the oil industry. But typically, in a patient is not fully filling the prescrip- lems. normal year, the drug industry’s return tion, so the patient is compromising Only the Dorgan amendment will on investment, return on equity, re- his or her safety. Another study found save money. When you think about turn on sales is far and away the most that thousands of seniors with serious what has happened with drug costs in health problems reported they skipped profitable industry in this country. this country, the Alliance for Retired The U.S. market accounted for 60 doses to make prescriptions last Americans issued a comparison this cents of every dollar in revenue for the longer. My wife last year was in a year of United States and Canadian re- 10 biggest drugmakers. The 10 biggest Shaker Heights drugstore—a generally tail prices for 20 popular medicines. drugmakers in 2001, for instance, their affluent suburb west of Cleveland—and Compared to Canadian citizens, United revenue was $217 billion more than the standing in line behind a patient who States customers pay 20 percent more, gross domestic product of Austria. was trying to negotiate the price with for instance, for their high blood pres- They had profits of $37 billion—more the pharmacist. The patient asked if sure medicine Norvasc, 60 percent more than the Government spent on VA there was any way she could get the for their cholesterol medicine Prava- health care, more than the entire budg- drug less expensively. The pharmacist chol, 100 percent more, twice as much, et that year for the U.S. Department of said: This is the only price I am able to for the heartburn drug Prilosec, 200 Housing and Urban Development; prof- charge. The elderly woman said: How percent more, 3 times as much, for the it margins of over 18 percent, 3 times about if I just skip today and take the heart medicine Toprol XL, and 750 per- the average of other Fortune 500 com- drug every other day, and the phar- cent more for the breast cancer medi- panies. These companies charge too macist said: You can’t do that. It cine Tamoxifen—750 percent more. much. They get much of their research would compromise your health. The Many of these drugs were developed done by the U.S. Government, and then lady said: How about if I cut the pill in by U.S. taxpayers through National In- they are charging these kinds of prices, half and take a half a pill every day, stitutes of Health grants. Yet the drug which compromises the safety of sen- and the pharmacist cautioned against companies thank American taxpayers iors who struggle to pay for these pre- that. When she walked away, my wife for doing all this research by charging scriptions that their doctors have or- said: Does that happen often? The Americans 750 percent more for dered. pharmacist said that happens every Tamoxifen that will save the lives of In addition, when you think about day, all day. women who have breast cancer, and by what these skyrocketing drug prices A 2001 study determined that pa- charging 3 times more for heart medi- mean—health care overall, and espe- tients were choosing less effective al- cine, and by charging 3 times more for cially skyrocketing drug prices—just ternative medicines instead—pill-split- another drug or 60 percent more for for American families, not just for sen- ting, for instance. Patients will some- cholesterol medicine. The fact is, iors but for taxpayers and for small times buy doses larger than appro- again, that safety is compromised be- businesses—prescription drug costs in- priate for their condition in order to cause of the high price of these drugs. creased almost 19 percent in 2002. Med- save money, and then divide the pills In 2001, U.S. consumers filled 24 mil- icaid prescription drug costs increased with a knife. That kind of pill-splitting lion prescriptions for the arthritis a similar amount in 2001. Private is on the rise. Some health insurers ac- medicine Celebrex and another 23 mil- health insurance premiums grew 15 tually require their enrollees to do it. lion prescriptions for the arthritis percent and are projected to grow an- The VA encourages it. Florida’s Med- medicine Vioxx. Using the ARA price other 14 percent this year. Small em- icaid Program requires its beneficiaries differential of about $41 for Celebrex ployers saw HMO premiums increase 25 to split their antidepressant medica- and $46 for Vioxx, U.S. consumers spent percent. This is consistently, 25 per- tion that way. This controversial prac- almost $1 billion more for Celebrex in cent, 15 percent, 10 percent, year to tice raises important safety concerns, 2001 than Canadian consumers, and year to year. What that means is be- all because of cost. It is why Medicaid, over $1 billion more for Vioxx than did cause of the high cost of drugs, it is not why the VA, and why health insurers Canadian consumers. just compromising the safety of our require their enrollees to do it. The No wonder so much is at stake in the seniors, it is also hurting our small American Medical Association, the Dorgan amendment. It saves con- businesses. It also means that in too American Pharmaceutical Association, sumers billions—$50 billion is I think many cases, American companies sim- the American Society of Consultant the number he used on the floor yester- ply have difficulty internationally Pharmacists, all oppose this pill-split- day—$50 billion. This saves American competing with other countries, be- ting. consumers billions of dollars. That cause they want to take care of their

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5556 CONGRESSIONAL RECORD — SENATE May 3, 2007 own employees and provide prescrip- drugs—until all of that happens, we are same packaging, except it is sold tion drug coverage for them. not going to see the cost of these drugs through a Canadian pharmacy at half The Dorgan amendment makes sense brought down to where in America the price. for small business. It makes sense for today we do not have a senior citizen I am as reasonable as any Senator in taxpayers. It makes sense especially making a choice between buying gro- trying to work out an accommodation for seniors who are taking these pre- ceries or buying their prescription with certain interests that want to pro- scription drugs. Pure and simple, it medicines. In the meantime, there is tect their turf, but this has simply makes sense for our country. If we care something we can do about it; that is, gone too far. As the Senator from Ohio about the safety of seniors and the we can allow senior citizens to pur- has just given a number of examples safety of drugs, don’t buy the argu- chase drugs from Canada, where often his wife was observing at the counter ment that these drugs are contami- the price is one-half of what they get of the pharmacy, so too have I wit- nated or adulterated or not safe. The those drugs retail here. nessed this among seniors. fact is we know the drugs that are sold This Senator has been involved in A lot of the seniors today came out in pharmacies in Canada or Great Brit- this because, naturally, my State has of the ‘‘greatest generation.’’ We have ain or by pharmacists in those coun- the highest percentage of the popu- an obligation to them, and no senior tries or pharmacies in Japan or Israel lation that is 65 and older. Naturally, citizen should not be able, either and Germany are safe. They have a reg- when their shipments of drugs coming through a Government program such imen like FDA to protect the safety of from Canada are interdicted, as they as Medicare or a Government-sub- their drugs. The issue here is whose have been by Customs over the last sidized program, through Medicaid—if side are you on? Are you on the side of several years, guess who they are going they don’t get their pharmaceuticals seniors, on the side of taxpayers, on to call. I get involved in this, and then from one of those, they simply should the side of small business, or are you I have to get ahold of the Customs De- not be in a position where they have to going to side with the drug companies? partment to find out why they are cut those pills in half or take them It is pretty clear where people line up doing this. I have to get ahold of the every other day or not be able to take in this institution. FDA, and I get conflicting messages. those pills at all. I ask my colleagues in the Senate to A couple years ago, I spoke to the When Medicare was set up back in support the Dorgan amendment when acting head of the FDA. He said that, the mid sixties, we didn’t have the mir- it comes to a vote next week. as a policy, we do not have any objec- acles of modern-day drugs; there Mr. President, I yield the floor, and I tion to a limited supply—and he named wasn’t a Medicare prescription drug suggest the absence of a quorum. that as 90 days or less—for personal benefit back then. Now, thanks to— The PRESIDING OFFICER. The use. Naturally, the FDA has to be con- kudos ought to go to the pharma- clerk will call the roll. cerned about the safety of large quan- ceutical industry, and the money we The legislative clerk proceeded to tities of counterfeit drugs. That is vote here for the research that goes call the roll. what we want to protect. That is what through a lot of our scientific and med- Mr. NELSON of Florida. Mr. Presi- we want Customs to be going after. ical institutions, federally funded dent, I ask unanimous consent that the He pointed out that all of the coun- money that goes to that research, the order for the quorum call be rescinded. terfeits we have to go after—it is not commendations ought to be all the way The PRESIDING OFFICER (Mr. the individual senior citizen wanting a around the block, including the phar- BROWN). Without objection, it is so or- limited supply, 90 days or less, for per- maceutical companies. But we have to dered. sonal use coming from a Canadian take the view that we cannot keep Mr. NELSON of Florida. Mr. Presi- pharmacy; that is not a threat to the looking out for our own selfish inter- dent, I rise to support the Dorgan health of our people. ests all the time. We have to look to amendment of which I am a cosponsor. Last year on the floor, Senator VIT - the greater good. When there is a part Senior citizens in Florida in the year TER of Louisiana and I coauthored and of America that is hurting, we have to 2007 should not be in a position, as offered an amendment, and it passed. It address it. some are, of having to make a choice would have allowed what I just de- It is for those reasons that I am a co- between buying groceries or buying scribed. That bill went to the House in sponsor of this amendment. I was quite their medicine. Unfortunately, there a conference committee and, because of heartened when, earlier today, we got are some seniors who have to make the power of the pharmaceutical indus- the necessary 60 votes in order to break that choice. Ultimately, once we get try, they watered it down so that in- the filibuster and proceed with the the Medicare prescription drug law stead of the senior citizen being able to amendment. I hope that once we pass it changed that will ultimately bring order by mail, by Internet, or by tele- here in this Chamber, it will not be down the cost of those prescriptions, phone, what became law was that they stripped off when it gets to the other that will solve the problem. could bring it personally across the Chamber. I might say that the private market- border. Well, that may do somebody Mr. President, I yield the floor and place is starting to have an effect. It good in Michigan or in North Dakota, suggest the absence of a quorum. was some several months ago that Wal- but it is obviously not going to do sen- The PRESIDING OFFICER. The Mart announced it was going to start ior citizens in other parts of the coun- clerk will call the roll. selling, for $4 per prescription for a 30- try, including Florida, any good. day supply, generic drugs from a com- Thus, until we can get this equi- The assistant legislative clerk pro- pendium of over some 200 drugs. That librium of the marketplace by bulk ceeded to call the roll. program has been successful. And, of purchases, by additional generics—all Mr. REID. Mr. President, I ask unan- course, others, such as Target, have the time—and there is an interest, I imous consent that the order for the picked up and started that program as agree, of the pharmaceutical industry, quorum call be rescinded. well. So we are seeing that the market- protecting them with those patents so The PRESIDING OFFICER (Mr. NEL- place is starting to have some say in they can recoup research and develop- SON of Florida). Without objection, it is this. ment costs but not to keep extending so ordered. But with regard to the delivery of that patent after the life of the patent CLOTURE MOTION these drugs, senior citizens are having so that the generic can never get to the Mr. REID. Mr. President, I send a difficulty, even under what is supplied marketplace—until we can get all of cloture motion to the desk. by Medicare right now. Until we have, those things straightened out, we sim- The PRESIDING OFFICER. The clo- eventually, the ability of Medicare to ply have to bring some relief to our ture motion having been presented use its bulk purchasing power in order people. Albeit this is just one small under rule XXII, the Chair directs the to negotiate prices of drugs—some- way of doing it, it is an important step clerk to read the motion. thing the Veterans’ Administration has to allow the purchase from Canadian Mr. REID. Mr. President, this is re- been doing for years—until that occurs, pharmacies. It is the same drug, made garding the substitute amendment to along with the effects of the market- in the same pharmaceutical facility, S. 1082. place, along with the entry of generic that we get here. Indeed, it is even the The legislative clerk read as follows:

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5557 CLOTURE MOTION stances, a company discovers that one of its processors actually has decreased from We, the undersigned Senators, in accord- products is defective and recalls it entirely 2003 to the present from a level of more ance with the provisions of rule XXII of the on its own. In others, FDA informs a com- than 3,000 inspectors to about 2,700 in- Standing Rules of the Senate, hereby move pany of findings that one of its products is spectors today. to bring to a close debate on the committee defective and suggests or requests a recall. Usually, the company will comply. Less than 1.5 percent of these im- substitute amendment, as modified, to S. ports are inspected by the FDA, and 1082, the FDA Revitalization bill. This is true. Most often, companies the FDA lacks the resources and au- Ted Kennedy, Dick Durbin, Byron L. comply, and there are penalties for Dorgan, B.A. Mikulski, Patty Murray, thorities to certify the standards of our failing to recall. trading partners. Claire McCaskill, Amy Klobuchar, However, sometimes companies rec- Sherrod Brown, Jack Reed, Herb Kohl, This situation presents an economic, Charles Schumer, Christopher Dodd, ognize that they have a problem but public health, and bioterrorism risk to Barbara Boxer, Bill Nelson, Jeff Binga- choose not to recall a product because the United States. The CDC estimates man, Debbie Stabenow. they are afraid of upsetting consumer that 76 million Americans become sick CLOTURE MOTION confidence or losing market share. The from food borne illnesses each year. Mr. REID. Mr. President, I send a FDA has reported multiple instances of More than 300,000 are hospitalized and cloture motion to the desk. firms failing to recall or recall in a 5,000 die each year. The PRESIDING OFFICER. The clo- timely fashion. We clearly need to review the FDA’s ture motion having been presented In the pet food recall, companies funding to ensure it has the resources under rule XXII, the Chair directs the have time and time again expanded necessary to safeguard the 80 percent clerk to read the motion. their recalls, and the process has lasted of our food supply that it is responsible Mr. REID. Mr. President, this is cal- more than 6 weeks. Just yesterday for regulating. endar No. 120, S. 1082. Menu Foods, the first company to re- The FDA office that is responsible for The legislative clerk read as follows: call on March 16, 2007, expanded its re- food imports, the Center for Food Safe- CLOTURE MOTION call yet again. This recall was for prod- ty and Nutrition, is also responsible for We, the undersigned Senators, in accord- ucts made during the same period of regulating $417 billion of domestic food ance with the provisions of rule XXII of the time as the other recalled products an- and $59 billion of cosmetics. This in- Standing Rules of the Senate, do hereby nounced on March 16. Menu Foods has cludes points of entry into the United move to bring to a close debate on Calendar also announced an expanding date States, approximately 300,000 food es- No. 120, S. 1082, the FDA Revitalization Act. range of contaminated product. tablishments, and 3,500 cosmetic firms. Harry Reid, Jeff Bingaman, Patrick This same weakness was on display President Bush has requested only $467 Leahy, Russell D. Feingold, H.R. Clin- in 2002 in the ConAgra beef recall. million for fiscal year 2008 for this de- ton, Patty Murray, Bernard Sanders, Unfortunately, without the power of Frank R. Lautenberg, Christopher partment to regulate all of this activ- Dodd, Dianne Feinstein, Ted Kennedy, mandatory recall, the FDA is in a ity, and only $312 million of that Benjamin L. Cardin, Benjamin Nelson, weaker position to force companies to amount would be for inspectors. Bryon L. Dorgan, Kent Conrad, Dick announce recalls quickly or to thor- Therefore, I am pursuing two tracks Durbin, Jack Reed. oughly study the extent of a recall. in this area. Last week, I sent a letter Mr. DURBIN. Mr. President, I rise The result is slow, uneven, voluntary to Chairman KOHL and Senator BEN- today to discuss two amendments that recalls that leave consumers at risk. NETT of the Agriculture Appropriations I have filed to this bill, Nos. 1027 and The Consumer Protection Safety Subcommittee, which funds the FDA, 1023. I do not intend to offer them at Commission, the EPA, and even the asking for a significant increase in the this time, but they raise important FDA with respect to infant formula level of funding for the FDA Foods Pro- issues that I would like to highlight. have recall authority. Why, then, does gram. I hope my colleagues will join I want to begin by thanking the the FDA not have that authority for me in this effort. chairman, Senator KENNEDY, and rank- the other foods it regulates? Secondly, the amendment I have ing member, Senator ENZI, for their This authority would expedite the filed to this bill would direct the Sec- hard work on this bill. Together, we speed and thoroughness of voluntary retary of Health and Human Services made significant progress yesterday by recalls, protect consumers, and protect to study the feasibility of a user fee adopting an ambitious amendment to industries against bad actions that program for foods that would incor- improve our food safety system for threaten consumer confidence. porate lessons learned from the pre- both humans and pets. A revision of recall authority is very scription drug user fee program. This I also want to thank Senators KEN- much overdue, and my amendment study would present various options on NEDY and ENZI for agreeing to work on would provide that. I hope that this creating a user fee program for foods a comprehensive food safety package. issue will be seriously considered in the that could increase the resources and That commitment is not taken lightly, broader package of food safety reform. capabilities of the FDA in this area. and I look forward to working with The second area I would like to raise Specifically, it calls for legislative rec- them on this comprehensive package. is the lack of resources for the FDA’s ommendations that analyze the ex- Although we took great strides yes- food safety efforts. pected revenues for the FDA, as well as terday with respect to food safety, One of the most significant aspects of the costs to industry by sector. there are two important areas where the pet food recall and other food con- For the sake of improving food safe- the FDA is limited in its ability to pro- taminations we have observed in recent ty, I think it is vital that we explore tect our food supply. These weaknesses years is that the FDA is struggling the various options for providing the have been exposed in recent recalls: the with its increasing responsibilities and FDA with adequate resources. E. coli spinach contamination; the pea- its current level of resources. Again, I will not offer this amend- nut butter recall; and, most recently, If we look at the increasing volume ment at this time, but I hope my col- the expanding pet food recall that has of food that the United States imports leagues will join me in supporting such entered, or at least come very close to each year, it is clear why this is a prob- a study in the future as Congress deals entering, the human food supply. lem. In 2003, the United States im- with broad food safety reform. The first weakness is that the FDA ported $45.6 billion of agricultural Mr. HATCH. Mr. President, a number lacks the authority to issue a recall or products. Today, that number is $64 of questions have been raised about pull defective products from shelves to billion. Agricultural imports from how the Durbin amendment on food protect consumers. China alone have nearly doubled from safety, adopted yesterday by a unani- This is surprising to many people, $1.2 billion to $2.1 billion. mous vote, would affect regulation of but here is a quote from the FDA Much of the responsibility for over- dietary supplements. website, summarizing its recall au- seeing and inspecting the safety of I wanted to take this opportunity to thorities: these imports rests with the FDA. clarify the record. The manufacturers or distributors of the However, due to fairly flat budgets, the First, let me indicate my support for product carry out most recalls of products overall number of inspectors looking at the efforts of the Senator from Illinois, regulated by FDA voluntarily. In some in- these shipments and at domestic food Mr. DURBIN. The recent misfortunes

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5558 CONGRESSIONAL RECORD — SENATE May 3, 2007 with peanut butter, spinach, and pet serve as the early warning system for many. The map was long thought lost, food show me that our Nation’s food any potential public health issues asso- but it was rediscovered in storage in safety policies are pitifully lacking. ciated with the use of these food prod- the castle in 1901. Therefore, I am supportive of Senator ucts. In 1992, knowing of the Library’s DURBIN’s work and also the consider- In addition, language contained in great interest in acquiring the map, able work of Senator ENZI and his staff the Durbin amendment modifies the Prince Waldburg-Wolfegg notified the to resolve problems that were found definition of supplement contained in Library that the German national gov- with the draft amendment. 201ff of the FFDCA so that supplements ernment and the Baden-Wu¨ rttemberg For the edification of my colleagues, will not be considered foods for the state government had granted an ex- section 201ff of the Federal Food, Drug purpose of the new adulterated foods port license. This license permitted the and Cosmetic Act, FFDCA, contains registry. This in no way would alter map, which is considered a German na- the definition of dietary supplements. the time-honored conclusion of the tional treasure, to come to the Library That definition includes a proviso that Congress that supplements are to be of Congress. supplements are to be considered foods, considered foods. On the contrary, all The purchase of the map was accom- except in the instance when a product it would do is exempt supplements plished through a combination of ap- makes a drug claim. In other words, by from the registry. propriated funds and matching private Federal law, dietary supplements are These changes, all contained in the funds. Congress has played an impor- generally considered to be foods. amendment which was approved yes- tant role in making this acquisition It is for this reason that the language terday, make clear that there are no possible, as it has throughout the Li- of the original Durbin amendment es- new dietary supplement requirements brary’s history. Congress’s first major tablishing a new adulterated food reg- in the Food and Drug Administration purchase was Thomas Jefferson’s li- istry could have been read to apply to Revitalization Act. It is my hope this brary, which is the seed of the vast col- dietary supplements. will reassure the many who have ex- lections the Library holds today. An- This raised problems for me, and in- pressed concern that Congress was in- other once-in-a-lifetime purchase made deed for our colleague Senator HARKIN, advertently repealing Public Law 109– possible by congressional support is the since we had spent more than 2 years 462. Gutenberg Bible, which is on display in working with Senators DURBIN, KEN- Mr. KOHL. Mr. President, I rise to the Jefferson Building. NEDY, and ENZI to draft, pass and enact make a correction to the record. Ear- The Library will begin displaying the the Dietary Supplement and Non- lier today, I erroneously named Sen- map to the public in the Thomas Jef- prescription Drug Consumer Protection ator LEAHY as a cosponsor of my ferson Building later this year. The Act, Public Law 109–462. That law au- amendment No. 991. Senator LEAHY is map will be part of the Library’s new thorizes a new program so that reports not a cosponsor of this amendment. visitor’s experience. As an important of serious adverse events related to the I thank the chair. acquisition to the Library’s treasures, use of a dietary supplement or over- f the map will be on view for limited pe- the-counter drug would be reported to riods of time as preservation standards the Food and Drug Administration, MORNING BUSINESS permit. FDA, on a priority basis. Mr. REID. Mr. President, I ask unan- f As I said, the Durbin amendment imous consent that there now be a pe- contemplates a new adulterated food riod for the transaction of morning AMERICA COMPETES ACT registry. Under the provisions estab- business, with Senators allowed to Mr. DOMENICI. Mr. President, I lishing that registry, reports of adul- speak therein for a period of up to 10 would like to speak for a brief moment terated foods would be made by many, minutes each. about recent Senate approval of the if not all, of the same parties who are The PRESIDING OFFICER. Without America COMPETES Act. required to file reports of serious ad- objection, it is so ordered. This legislation is the product of sev- verse events associated with the use of f eral years of work by many individuals dietary supplements under Public Law here in the Senate and it was im- THE SYMBOLC TRANSFER OF THE 109–462. And so passage of the Durbin ¨ mensely gratifying to see this bill pass amendment could be seen to supersede HISTORIC WALDSEEMULLER MAP the Senate. For the last 3 years Sen- the law we enacted last year for supple- Mrs. FEINSTEIN. Mr. President, as ators from numerous committees, Re- ments, which I am relieved to hear was chairman of the Joint Committee on publicans and Democrats, have worked not the intent of our colleague, Sen- the Library, I want to take this oppor- together on this legislation. They saw ator DURBIN. tunity to recognize the symbolic America falling behind the rest of the Consequently, the amendment we handover of the historic 1507 Martin world in math and science and realized adopted yesterday contains language Waldseemiller Map from German Chan- the need to do something. Well I be- that Senator HARKIN and I suggested to cellor Angela Merkel to the American lieve this bill is going to do that some- make certain that dietary supplements people. This event took place Monday thing. It will double spending on phys- would not be covered by the new food at the Library of Congress. ical science research, provide money to safety language and thus last year’s The map is often referred to as recruit 10,000 new math and science law would not be superseded. To reas- ‘‘America’s birth certificate.’’ It was teachers and retrain hundreds of thou- sure those who are interested in the Di- designed and printed by Martin sands of our existing ones. This bill is etary Supplement Health and Edu- Waldseemiller, a 16th century scholar a huge step in the right direction for cation Act, DSHEA, I wanted to take a and cartographer who worked in our country, a step that could not have moment to outline those changes. France. This mapmaker departed from been taken by just one Senator or one First, there is new language in the accepted knowledge of the world at party. In these often partisan times, section establishing the adulterated that time. He portrayed, in remarkably the America COMPETES Act is a fine food registry to express the sense of accurate fashion, the Western Hemi- example of what this body can accom- the Senate that: (1) DSHEA has estab- sphere separating two huge and sepa- plish when it works together in a bi- lished the legal framework to ensure rate bodies of water, the Atlantic and partisan manner. that dietary supplements are safe and Pacific Oceans. I am very proud of the work my col- properly labeled foods; (2) the Dietary There were 1,000 copies of the map league from New Mexico Senator Supplement and Nonprescription Drug printed from woodcuts, but only a sin- BINGAMAN, Senator ALEXANDER and I Consumer Protection Act has estab- gle surviving copy exists today. The Li- put into this legislation. I am proud lished a mandatory reporting system of brary of Congress worked for decades that the members of our committee, serious adverse events for nonprescrip- to acquire this map from its owners. Energy and Natural Resources, con- tion drugs and dietary supplements The map was housed for more than 350 tinue to work in this bipartisan way. sold and consumed in the United years in the 16th century castle belong- Additionally, I ask unanimous con- States; and (3) the adverse events re- ing to the family of Prince Johannes sent that two articles concerning the porting system under that act will Waldburg-Wolfegg in southern Ger- America COMPETES Act, one from the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5559 Santa Fe New Mexican, the West’s old- New Mexico, with its national scientific man added an amendment to the budget res- est newspaper, and one by David laboratories, stands to benefit from this ini- olution, allowing $1 billion of extra spending Broder of the Washington Post be tiative—which comes, we hope, en buena for the first-year costs of the program. hora for the people of our region: Just last Domenici and other appropriators will try printed in the RECORD. week, contractors at Los Alamos National to steer funds in that direction, Alexander There being no objection, the mate- Laboratory laid off scores more of the work- said. rial was ordered to be printed in the force. The Tennessee Republican’s larger point is RECORD, as follows: The construction and maintenance people that this is the model that Congress and the [From the Santa Fe New Mexican, May 3, there have always been at the mercy of president need to follow—if any of the major 2007] LANL’s whims, and those of its academic challenges facing the country are to be met. ‘‘There are issues that are too big for ei- JEFF, PETE PROVIDE BOOST FOR SCIENTIFIC and technical allies. But some of their chil- ther party to solve by itself,’’ Alexander told RESURGENCE dren are seeing the need for higher education to provide them more steady work. The me. ‘‘Globalization and competitiveness are David Broder’s right: Senate approval of America COMPETES Act could raise aware- two of them. Immigration is the next one on the America COMPETES Act, he notes in to- ness of, and provide support for, generations the agenda. And then there is health care.’’ day’s column, is big news. This nation of homegrown scientific and technical peo- He pointed out that the bipartisan break- lurched from lethargy to the moon during ple. fast sessions he and Sen. Joe Lieberman of the dozen exciting years that followed Rus- The bill still must make it through the Connecticut have been hosting regularly this sia’s launch of a man-made earth satellite— House of Representatives—and as Broder im- year have included discussions of health pol- then most of us went back to our beer and plies, our nation’s news media could and icy. barbecues, leaving all too few dedicated indi- should help the effort along. As a byproduct of the breakfasts, ‘‘10 of us, viduals fighting to keep us in the big leagues five Republicans and five Democrats, have of pure science and high technology. Thus [From the Washington Post] written the President saying that we are this act. ready to work with him on a bill that has It might have gotten short shrift from the COMPETES ACT IS REAL BOOST, REAL NEWS two principles—universal coverage and pri- national press, but the importance of this (By David Broder) vate markets. We hope he responds.’’ bill wasn’t lost on The New Mexican’s Andy On Monday, with few of his colleagues Iraq looms as the supreme test, of course, Lenderman: He reported, on the front page of present and the Senate press galleries large- and Alexander, a Bush supporter, nonethe- our local news section Saturday that this ly unoccupied, Sen. Lamar Alexander of Ten- less says ‘‘it was a mistake’’ for the presi- was overdue action on the math-and-science nessee took the floor to make one of those dent not to seize on the Baker-Hamilton front. personal statements that fill the Congres- commission recommendations as the basis The measure, the full name of which is sional Record, but rarely go any further. for a bipartisan answer to the dilemma of America Creating Opportunities to Meaning- ‘‘Last week,’’ he said, ‘‘while the media the war. fully Promote Excellence in Education and covered Iraq and U.S. attorneys, the Senate ‘‘It’s still sitting there on the shelf,’’ he Science Act of 2007—an aggravating cuteness spent three days debating and passing per- said, implying that Bush will have to come whose creator should be banished to Madison haps the most important piece of legislation back to Baker-Hamilton at some point. Avenue—features a four-year, $16-billion au- of this two-year session. Almost no one no- Meantime, Alexander has a gentle re- thorization of new money to invest heavily ticed.’’ minder for the press that our mind-set in physical-sciences research, recruitment of Alexander has a point. The bill, boldly means that ‘‘unfortunately, bipartisan suc- new math and science teachers nationwide, named ‘‘the America COMPETES Act,’’ au- cess, even on the biggest, most complex while updating those in the field. It would be thorized an additional $16 billion over four issues, has an excellent chance of remaining part of a $60 billion campaign to put America years as part of a $60 billion effort to ‘‘double a secret. back—and in some areas keep it—at the cut- spending for physical sciences research, re- ‘‘Despite the size of the accomplishment, ting edge of theoretical and applied science. cruit 10,000 new math and science teachers the passage of the 208-page America COM- Lenderman noticed that the bill, with Ma- and retrain 250,000 more, provide grants to PETES Act was barely noticed by the major jority Leader Harry Reid’s sponsorship, was researchers and invest more in high-risk, media. approved by an 88–8 tally. But at least as im- high-payoff research.’’ This is not a complaint, merely an obser- portant as the political weight was the As Alexander noted, ‘‘these were rec- vation. More than ever, the media, outside groundwork laid by New Mexico’s senators: ommendations of a National Academy of interest groups, and party structures reward Jeff Bingaman, who has spent so much of Sciences task force’’ that he and others had conflict and the taking of irreconcilable po- his Capitol Hill career urging his colleagues asked to tell Congress the 10 things it most sitions. There is little reward for reconciling to support the sciences and academics in urgently needs to do ‘‘to help America keep principled positions into legislation.’’ Sadly, I think he is right. general, sponsored a 2005 study—the report its brainpower advantage so we can keep our of which carried a title both ominous and jobs from going to China and India.’’ f promising: ‘‘Rising Above the Gathering Back in December 2005, I wrote about the ADDITIONAL STATEMENTS Storm.’’ It told our nation of the challenge report that Alexander, and Sens. Jeff Binga- from China, India and other nations in man and Pete Domenici, both of New Mexico, science and technology—which could cost had requested—and about the bipartisan sup- CONGRATULATING UNITED PAR- our country its competitiveness in world port that seemed to be available for this CEL SERVICE ON ITS 100TH ANNI- markets. ‘‘competitiveness’’ agenda. I even suggested If evidence were needed to support that that it was a natural topic for President VERSARY concern, we need only look at our schools: Bush’s 2006 State of the Union address, if he ∑ Mr. LAUTENBERG. Mr. President, I Only 29 percent of eighth-graders nationwide wanted to break through the growing par- wish to recognize and congratulate the tested proficient in science. In New Mexico, tisan roadblocks on Capitol Hill. United Parcel Service on its 100th anni- only 18 percent did. The President included these ideas in his versary. In these 100 years, many of us This isn’t a Sputnik situation of 50 years message, but did little to build public sup- ago, where within four months America had port or press Congress for action. Nonethe- have grown to see UPS’s ubiquitous its own satellite in orbit while back on earth less, major elements of the bill passed the brown vans as symbols of reliability science fairs were the rage; this is a case of Senate last year, only to bog down in the bit- and to know and trust the remarkable math-dedicated cultures creeping past one of terly divided House. people who drive them. As UPS has B.A. generalists dedicated to fun, comfort But persistence paid off. As Alexander said, evolved to become the largest package and prestige predicated on material goods. ‘‘Senators and their staffs worked across delivery company in the world, it has It’ll take more than money to rebuild mo- party lines for two years. Senior committee become a cornerstone of commerce in mentum: Some of America’s many Renais- members, chairmen and ranking members, America and a vital part of my State’s sance-person scientists must be persuaded to waived jurisdictional prerogatives. The ad- sing the glories of research—or at least the ministration participated in extensive economy. joys and rewards of what sometimes results ‘homework sessions’ with senators and out- When James E. Casey founded UPS in from it. Computers as tools and toys, too, side experts. The effort was so bipartisan 1907 with a $100 loan from a friend, should help. that when the Senate shifted to the Demo- surely it would have been beyond even What’s great is that Bingaman and fellow crats in January, the new majority leader his wildest dreams that the company Sen. Pete Domenici, so often teammates in and minority leader introduced the same bill would grow to deliver 15.6 million docu- bipartisan congressional initiatives, have their predecessors had in the last Congress. ments and packages every day, to em- put their skills and influence together for Seventy senators co-sponsored the legisla- ploy 360,600 employees here in the this push. They’re their parties’ highest- tion. . . . The final vote was 88–8.’’ ranking members of the Energy and Natural The fight is far from over. United States, and to make deliveries Resources Committee, and Domenici still is The House has yet to act on most of the to over 200 countries and territories influential on the budget and appropriations provisions, and finding the money to carry it throughout the world. By constantly committees. out will not be easy. Alexander and Binga- innovating and improving service and

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5560 CONGRESSIONAL RECORD — SENATE May 3, 2007 through the dedication of its employ- around the moon. Since then, NASA The fact is small businesses are the ees, UPS has reached the pinnacle of has taken many giant leaps. We must critical element in our efforts to its industry and has set the standard continue the exploration, research, and strengthen and bolster the Nation’s by which its competitors must follow. discovery that have all constituted economy. It used to be said, ‘‘What’s I am proud to say that since opening NASA’s trademark for decades. good for General Motors is good for the their first facility in Newark, NJ, in Exploration into outer space helps us Nation.’’ Now, it is what is good for 1928, UPS has maintained a significant to better understand the world in small business is best for the Nation presence in my home State of New Jer- which we live. NASA understood this and job growth. sey. It employs more than 18,000 people well when they sent Captain Wally As ranking member of the Senate statewide, making it one of the 10 larg- Schirra into outers pace nearly 45 Committee on Small Business and En- est employers in our State. I recently years ago; I am hopeful that this vision trepreneurship, I am reminded daily of had the privilege and opportunity to and reach will only continue to grow the immense—and often overlooked— visit a UPS hub in Edison to help com- with time. contributions that risk-takers and memorate UPS’s 100th anniversary. At On behalf of Florida and the people of dreamers like Mike and countless the Edison facility, 3,000 dedicated em- the United States, I thank Captain Americans make. They are the unsung ployees process and sort packages orig- Schirra for his service to country and heroes of our Nation’s economy, cre- inating from and destined for points all the science he helped to advance. He ating two-thirds of all new jobs over our State. Individuals and busi- will be missed.∑ throughout our country. nesses across New Jersey rely on their f That is why I appreciate SBA’s commitment to providing our Nation’s efforts every day, and the intricate and HONORING MAINELY TRUSSES sophisticated processes used by these small businesses, as they have helped ∑ Ms. SNOWE. Mr. President, I wish employees ensure that important pack- Mike, with the financial and business today to recognize, for the week of ages and documents are delivered on development tools to help them grow April 29, an exceptional entrepreneur time. and excel. With more than 5.3 million from my home State who has been I encourage my colleagues to join me jobs created or retained since 1999, this awarded the Maine 2007 Small Business in congratulating UPS on 100 years in is proof-positive that our investment in Person of the Year, Michael Boulet. business. I personally extend my best the SBA is paying tremendous divi- Mike is truly one of our Nation’s shin- wishes to the company and its employ- dends to the Nation’s economy. ing small business success stories. His ees in New Jersey and across the world We understand that Maine is a company—Mainely Trusses—exempli- veritable ‘‘hotbed’’ for small business for many more years of success and fies the heart and soul of the American and a small business laboratory for the prosperity.∑ dream becoming reality. country. This year, at the vanguard of f Last March, I had the privilege to Maine entrepreneurs stands Mike TRIBUTE TO WALTER M. ‘‘WALLY’’ witness first hand the products and Boulet. Once again, I would like con- SCHIRRA services that Mike’s company provides gratulate Mike for being an excep- when he was awarded an intermediary ∑ Mr. MARTINEZ. Mr. President, I tional model for Maine and the Nation. relending program loan from Kennebec want to commend a great American, We here in the Senate wish Mike all Valley Council of Governments. Astronaut Walter M. ‘‘Wally’’ Schirra, the best for many more successful Mike’s investment in his company years to come.∑ who passed away today. Captain through the Small Business Adminis- f Schirra leaves behind a praiseworthy trations’ Maine Small Business Devel- legacy as a Navy veteran, a pioneer for opment Center and Costal Enterprises, TRIBUTE TO VINCENZO ANTONIO NASA and of outer-space exploration, a Inc., has paid tremendous dividends for MANNO television commentator, and a devoted the future of Mainely Trusses—with a ∑ Mr. VOINOVICH. Mr. President, husband and father. state-of-the-art facility, new tech- today I honor the musical genius of fel- Captain Schirra began his distin- nologies, a dedication to customer low Ohioan Vincenzo Antonio Manno, a guished career in the U.S. Navy when service, and full benefits for his em- renowned opera singer and devoted pro- he arrived in Annapolis in the early ployees. In fact, Mainely Trusses is so fessor of music. days of World War II; he graduated advanced that they use all laser beams Mr. Manno was born and raised in my from the U.S. Naval Academy in 1945 to construct the trusses which is com- great hometown of Cleveland, OH. In and soon became a pilot through Naval pletely driven by computer software fact, he grew up right down the street Flight Training in Pensacola, FL. and highly skilled employees. from my family in the Collinwood Through an exchange program with the Since Mike has been president, neighborhood—the same neighborhood Air Force during the Korean war, he Mainely Trusses has shown no signs of I live in still today. But his musical proudly served our Nation as a pilot of slowing down, growing from 3 to 50 em- gift eventually took him far beyond F–86 Sabres. ployees over the last 15 years—a tre- Collinwood to some of the finest music He carried this dedicated service to mendous achievement for any business. institutions in Europe. America into the stratosphere and be- Think about it—that is a 1,600-percent Cleveland’s rich cultural environ- yond, making history as one of the increase. Just imagine if we had that ment and outstanding music tradition ‘‘Original Seven’’ astronauts named by kind of explosive progress in the U.S. prepared Mr. Manno for his world-re- NASA to the Mercury program. On Oc- Congress, then we would really be onto nowned career. Before completing his tober 3, 1962, Captain Schirra became something. studies at Oberlin College under the tu- the first person ever to orbit the Earth And what is all the more remarkable telage of Professor Richard Mill, Mr. 6 times. He is unique in that he is the is Mike’s courage to take on the family Manno was trained at the Cleveland only astronaut to have flown in business after his father, John Boulet, Music School Settlement under Burton NASA’s first 3 space programs: Mer- passed away in a work-related acci- Garlinghouse and John Shurtleff; at cury, Gemini, and Apollo. After retir- dent. But Mike doesn’t just reserve his summer sessions in Chautauqua, NY, ing from NASA, he later served with considerable talents and energy for his under Josephine Antoine; and at the distinction as a widely known tele- business—he also exhibits those traits Cleveland Institute of Music under vision commentator for CBS. through his tireless leadership within Eleonor Steber. The passion that Wally Schirra had the community whether serving as a After receiving his degree from for space exploration and his accom- member of the Maine Merchants Asso- Oberlin, Mr. Manno continued his stud- plishments as a pioneer astronaut un- ciation Workers Compensation Trust ies on a Fulbright Fellowship in Italy derscore the importance of our con- Fund Broad of Trustees, chairing the at Santa Ceclia in Rome with Ettore tinuing to strengthen the NASA space board for the Central Maine Youth Campogalliani. His private studies in program. The Apollo 7 mission—under Hockey Association, supporting Habi- Milan continued with Dr. Otto Mueller, the command of Schirra—proved to tat for Humanity, or his involvement who was affiliated for years with the those at NASA that they had the abil- with Vietnamese orphanages and chil- Metropolitan Opera House of New ity to send a spacecraft into orbit dren’s center. York.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5561 After Dr. Mueller’s death, Mr. Manno (The nominations received today are purposes; to the Committee on Veterans’ Af- was accepted into the prestigious pri- printed at the end of the Senate pro- fairs. vate singing school directed by Pro- ceedings.) By Mr. VOINOVICH: fessor Dennis Hall in Bern, Switzer- S. 1279. A bill to secure America’s future f economy through reform of the Federal land. As a result of his studies with budget process; to the Committee on the Professor Hall, Mr. Manno was encour- MEASURES READ THE FIRST TIME Budget. aged to open a voice studio in Milan, The following bills were read the first By Mr. BROWN (for himself and Mr. which has become a mecca for singers time: DORGAN): from around the world. S. 1280. A bill to provide greater account- S. 1301. A bill to preserve and protect the Mr. Manno’s singing career embraces ability in reviewing the national security free choice of individual employees to form, considerations of free trade agreements; to a wide repertory—from the baroque to join, or assist labor organizations, or to re- the modern—and he has sung with the Committee on Finance. frain from such activities. By Mr. THOMAS: opera companies around the world. His S. 1305. A bill making emergency war ap- S. 1281. A bill to amend the Wild and Sce- radio performances within Europe have propriations for American troops overseas, nic Rivers Act to designate certain rivers been admired by the public and critics without unnecessary pork barrel spending and streams of the headwaters of the Snake alike. And, he is currently a permanent and without mandating surrender or retreat River System as additions to the National member of the Teatro alla Scala in in Iraq, for the fiscal year ending September Wild and Scenic Rivers System; to the Com- Milan, Italy. 30, 2007, and for other purposes. mittee on Energy and Natural Resources. Not all accomplished musicians f By Mr. CARDIN (for himself and Ms. make good teachers, but Mr. Manno’s SNOWE): teaching career has taken great strides REPORTS OF COMMITTEES S. 1282. A bill to amend the Internal Rev- The following reports of committees enue Code of 1986 to provide for the exclusion in the past 10 years. He has been recog- from gross income of certain wages of a cer- nized for teaching and helping emerg- were submitted: tified master teacher, and for other purposes; ing singers on many continents. He By Mrs. BOXER, from the Committee on to the Committee on Finance. also holds seminars and master classes Environment and Public Works, with amend- By Mr. PRYOR (for himself and Mr. on singing style. ments: CHAMBLISS): Mr. Manno is regularly invited to S. 992. A bill to achieve emission reduc- S. 1283. A bill to amend title 10, United teach singing technique at the world- tions and cost savings through accelerated States Code, to improve the management of renowned Accademia dei Giovani use of cost-effective lighting technologies in medical care, personnel actions, and quality Cantanti—Academy of Young Singers— public buildings, and for other purposes of life issues for members of the Armed (Rept. No. 110–60). Forces who are receiving medical care in an under the artistic direction of Leyla outpatient status, and for other purposes; to f Gencer, affiliated with the Teotro alla the Committee on Armed Services. Scala and the Accademia EXECUTIVE REPORTS OF By Mr. DORGAN (for himself, Ms. MI- Internazionale della Musica—Inter- COMMITTEES KULSKI, Mr. DURBIN, Ms. STABENOW, national Music Academy—in Milan. Mr. ROCKEFELLER, Mr. LEVIN, Mrs. The students of Vincenzo Manno can be The following executive reports of FEINSTEIN, Mr. JOHNSON, Mr. HARKIN, heard regularly around the world in nominations were submitted: Mr. FEINGOLD, Mr. LEAHY, Mr. KOHL, opera houses, recording studios, con- By Mr. LEAHY for the Committee on the and Mr. KENNEDY): certs halls, and radio and television Judiciary. S. 1284. A bill to amend the Internal Rev- enue Code of 1986 to provide for the taxation stations. Debra Ann Livingston, of New York, to be United States Circuit Judge for the Second of income of controlled foreign corporations Mr. Manno also lends his expertise in attributable to imported property; to the pop music, broadway and operetta. He Circuit. Richard Sullivan, of New York, to be Committee on Finance. has guided many Italian pop singers United States District Judge for the South- By Mr. DURBIN (for himself, Mr. SPEC- through recording sessions and is regu- ern District of New York. TER, Mr. FEINGOLD, and Mr. OBAMA): larly contacted by Italian television to Joseph S. Van Bokkelen, of Indiana, to be S. 1285. A bill to reform the financing of help arrange songs for singers and give United States District Judge for the North- Senate elections, and for other purposes; to advice on new compositions. ern District of Indiana. the Committee on Rules and Administration. For all he has accomplished, Mr. By Mr. SMITH: (Nominations without an asterisk S. 1286. A bill to authorize the Coquille In- Manno has received several awards. He were reported with the recommenda- dian Tribe of the State of Oregon to convey received the ‘‘Grand Prix du Disque’’ tion that they be confirmed.) land and interests in land owned by the for baroque music recorded with the Tribe; to the Committee on Indian Affairs. f great Swiss conductor Edwin Loehrer, By Mr. SMITH (for himself and Mr. and the ‘‘Best Recording of the Year’’ INTRODUCTION OF BILLS AND KENNEDY): from Gramophone Magazine for his sec- JOINT RESOLUTIONS S. 1287. A bill to amend the Internal Rev- ond CD solo recording of tenor music of enue Code of 1986 to allow an offset against the 17th century, ‘‘Strana Armonia The following bills and joint resolu- income tax refunds to pay for State judicial debts that are past-due; to the Committee on d’Amore’’ with Roberto Gini. tions were introduced, read the first and second times by unanimous con- Finance. Mr. President, on the 40th anniver- By Mr. SMITH (for himself, Mr. CON- sent, and referred as indicated: sary of his career, it is my pleasure to RAD, Mr. KERRY, Mr. BINGAMAN, and honor Vincenzo Antonio Manno for his By Mr. DURBIN (for himself, Mr. Ms. SNOWE): great success and significant contribu- GRASSLEY, Ms. CANTWELL, Mrs. CLIN- S. 1288. A bill to amend the Internal Rev- tions to the world of music.∑ TON, Mr. HARKIN, and Mr. OBAMA): enue Code of 1986 and the Employee Retire- S. 1276. A bill to establish a grant program ment Income Security Act of 1974 to increase f to facilitate the creation of methamphet- the retirement security of women and small MESSAGES FROM THE PRESIDENT amine precursor electronic logbook systems, business owners, and for other purposes; to and for other purposes; to the Committee on Messages from the President of the the Committee on Finance. the Judiciary. By Mr. CRAIG: United States were communicated to By Mr. NELSON of Nebraska: S. 1289. A bill to amend title 38, United the Senate by Ms. Evans, one of his S. 1277. A bill to amend title XVIII of the States Code, to modify the salary and terms secretaries. Social Security Act to clarify the treatment of judges of the United States Court of Ap- f of payment under the Medicare program for peals for Veterans Claims, to modify au- clinical laboratory tests furnished by crit- thorities for the recall of retired judges of EXECUTIVE MESSAGES REFERRED ical access hospitals; to the Committee on such court, and for other purposes; to the As in executive session the Presiding Finance. Committee on Veterans’ Affairs. Officer laid before the Senate messages By Mr. HAGEL (for himself and Mr. By Mr. CRAIG: from the President of the United REED): S. 1290. A bill to amend title 38, United S. 1278. A bill to amend title 38, United States Code, to provide additional discretion States submitting sundry nominations, States Code, to expand the scope of programs to the Secretary of Veterans Affairs in con- a withdrawal and a treaty which were of education for which accelerated payments tracting with State approving agencies, and referred to the appropriate commit- of educational assistance under the Mont- for other purposes; to the Committee on Vet- tees. gomery GI Bill may be used, and for other erans’ Affairs.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5562 CONGRESSIONAL RECORD — SENATE May 3, 2007 By Mr. THUNE: By Mr. KENNEDY (for himself and Mr. to the Committee on Commerce, Science, S. 1291. A bill to amend the Internal Rev- KERRY): and Transportation. enue Code of 1986 to extend and modify the S. 1302. A bill to amend title V of the Ele- By Mr. SMITH (for himself, Mrs. LIN- renewable energy production credit and to mentary and Secondary Education Act of COLN, Mrs. DOLE, Mr. DURBIN, Mr. extend and modify the credit to holders of 1965 to encourage and support parent, family, VITTER, Mr. PRYOR, Mr. LEVIN, Mrs. clean renewable energy bonds; to the Com- and community involvement in schools, to MURRAY, Mr. KOHL, Mr. SALAZAR, and mittee on Finance. provide needed integrated services and com- Ms. CANTWELL): By Mr. SCHUMER: prehensive supports to children, and to en- S. Res. 186. A resolution designating June S. 1292. A bill to amend the Federal Meat sure that schools are centers of commu- 5, 2007, as ‘‘National Hunger Awareness Day’’ Inspection Act and the Poultry Products In- nities, for the ultimate goal of assisting stu- and authorizing the Senate offices of Sen- spection Act to improve the safety of meat dents to stay in school, become successful ators Gordon H. Smith, Blanche L. Lincoln, and poultry products by enhancing the abil- learners, and improve academic achieve- Elizabeth Dole, and Richard J. Durbin to col- ity of the Secretary of Agriculture to re- ment; to the Committee on Health, Edu- lect donations of food during the period be- trieve the history, use, and location of a cation, Labor, and Pensions. ginning May 7, 2007, and ending June 5, 2007, meat or poultry product through a record- By Mr. INHOFE (for himself, Mr. ISAK- from concerned Members of Congress and keeping and audit system or registered iden- SON, and Mr. VITTER): staff to assist families suffering from hunger tification, and for other purposes; to the S. 1303. A bill to amend the Federal Water and food insecurity in the Washington, D.C., Committee on Agriculture, Nutrition, and Pollution Control Act to enhance the secu- metropolitan area; considered and agreed to. Forestry. rity of wastewater treatment works; to the By Mr. VOINOVICH (for himself, Mr. By Mr. CRAIG: Committee on Environment and Public BIDEN, Mr. LIEBERMAN, Mr. SMITH, S. 1293. A bill to amend titles 10 and 38, Works. and Ms. MIKULSKI): United States Code, to improve educational By Mr. MCCAIN (for himself and Mr. S. Res. 187. A resolution condemning vio- assistance for members and former members KYL): lence in Estonia and attacks on Estonia’s of the Armed Forces, and for other purposes; S. 1304. A bill to amend the National Trails embassies in 2007, and expressing solidarity to the Committee on Veterans’ Affairs. System Act to designate the Arizona Na- with the Government and the people of Esto- By Mr. DURBIN (for himself, Mr. tional Scenic Trail; to the Committee on En- nia; considered and agreed to. AKAKA, and Mr. COCHRAN): ergy and Natural Resources. By Mr. CARDIN (for himself, Mr. COLE- S. 1294. A bill to strengthen national secu- By Mr. COBURN: MAN, Mr. BIDEN, Mr. SMITH, and Mr. rity by encouraging and assisting in the ex- S. 1305. A bill making emergency war ap- BUNNING): pansion and improvement of educational propriations for American troops overseas, S. Res. 188. A resolution expressing the programs in order to meet critical needs at without unnecessary pork barrel spending sense of the Senate in support of the acces- the elementary, secondary, and higher edu- and without mandating surrender or retreat sion of Israel to the Convention on the cation levels, and for other purposes; to the in Iraq, for the fiscal year ending September Organisation for Economic Co-operation and Committee on Health, Education, Labor, and 30, 2007, and for other purposes; read the first Development; considered and agreed to. Pensions. time. By Mr. FEINGOLD (for himself and Mr. By Mr. FEINGOLD (for himself, Mr. By Mr. OBAMA (for himself, Mr. DUR- SUNUNU): COLEMAN, and Ms. LANDRIEU): BIN, and Mrs. CLINTON): S. Con. Res. 31. A concurrent resolution ex- S. 1295. A bill to amend the African Devel- S. 1306. A bill to direct the Consumer Prod- pressing support for advancing vital United opment Foundation Act to change the name uct Safety Commission to classify certain States interests through increased engage- of the Foundation, modify the administra- children’s products containing lead to be ment in health programs that alleviate dis- tive authorities of the Foundation, and for banned hazardous substances; to the Com- ease and reduce premature death in devel- other purposes; to the Committee on Foreign mittee on Commerce, Science, and Transpor- oping nations, especially through programs Relations. tation. that combat high levels of infectious disease, By Mrs. BOXER (for herself, Mr. BIDEN, By Mr. COLEMAN (for himself, Mr. improve children’s and women’s health, de- and Mrs. FEINSTEIN): LEVIN, and Mrs. MCCASKILL): crease malnutrition, reduce unintended preg- S. 1296. A bill to provide enhanced Federal S. 1307. A bill to include Medicare provider nancies, fight the spread of HIV/AIDS, en- enforcement and assistance in preventing payments in the Federal Payment Levy Pro- courage healthy behaviors, and strengthen and prosecuting crimes of violence against gram, to require the Department of Health health care capacity; to the Committee on children; to the Committee on the Judiciary. and Human Services to offset Medicare pro- Foreign Relations. By Mrs. BOXER (for herself, Ms. COL- vider payments by the amount of the pro- By Mr. VOINOVICH (for himself and LINS, and Mr. LIEBERMAN): vider’s delinquent Federal debt, and for Mr. BROWN): S. 1297. A bill to amend the Clean Air Act other purposes; to the Committee on Fi- S. Con. Res. 32. A concurrent resolution to promote the use of advanced clean fuels nance. honoring the 50th anniversary of Stan Hywet that help reduce air and water pollution and By Mr. DORGAN (for himself, Mr. CON- Hall & Gardens; to the Committee on the Ju- protect the environment; to the Committee RAD, and Mr. ENZI): diciary. on Environment and Public Works. S. 1308. A bill to prohibit the Secretary of By Mr. KERRY (for himself and Mr. Agriculture from allowing the importation f REED): S. 1298. A bill to amend the Social Security of certain cattle and beef from Canada until Act to establish a Federal Reinsurance Pro- the implementation of country of origin la- ADDITIONAL COSPONSORS beling requirements; to the Committee on gram for Catastrophic Health Care Costs; to S. 3 the Committee on Finance. Agriculture, Nutrition, and Forestry. By Mr. SCHUMER (for himself, Mr. By Mr. TESTER: At the request of Mr. REID, the name S. 1309. A bill to amend the Truth in Lend- BROWN, and Mr. CASEY): of the Senator from South Dakota (Mr. S. 1299. A bill to establish on behalf of con- ing Act to prohibit universal defaults on JOHNSON) was added as a cosponsor of sumers a fiduciary duty and other standards credit card accounts, and for other purposes; S. 3, a bill to amend part D of title of care for mortgage brokers and originators, to the Committee on Banking, Housing, and XVIII of the Social Security Act to and to establish standards to assess a con- Urban Affairs. By Mr. SCHUMER (for himself, Mr. provide for fair prescription drug prices sumer’s ability to repay, and for other pur- for Medicare beneficiaries. poses; to the Committee on Banking, Hous- LOTT, and Mr. CONRAD): ing, and Urban Affairs. S. 1310. A bill to amend title XVIII of the S. 21 By Mr. ROCKEFELLER (for himself, Social Security Act to provide for an exten- At the request of Mr. REID, the name sion of increased payments for ground ambu- Mr. LOTT, Mr. INOUYE, and Mr. STE- of the Senator from Maine (Ms. COL- lance services under the Medicare program; VENS): LINS) was added as a cosponsor of S. 21, to the Committee on Finance. S. 1300. A bill to amend title 49, United a bill to expand access to preventive States Code, to authorize appropriations for f health care services that help reduce the Federal Aviation Administration for fiscal years 2008 through 2011, to improve avia- SUBMISSION OF CONCURRENT AND unintended pregnancy, reduce abortion safety and capacity, to modernize the SENATE RESOLUTIONS tions, and improve access to women’s health care. air traffic control system, and for other pur- The following concurrent resolutions poses; to the Committee on Commerce, S. 57 Science, and Transportation. and Senate resolutions were read, and referred (or acted upon), as indicated: At the request of Mr. INOUYE, the By Mr. DEMINT: name of the Senator from Maryland S. 1301. A bill to preserve and protect the By Mr. SALAZAR (for himself, Mr. IKULSKI free choice of individual employees to form, BROWN, Mr. ALLARD, Mr. LEAHY, Mrs. (Ms. M ) was added as a cospon- join, or assist labor organizations, or to re- FEINSTEIN, and Mrs. CLINTON): sor of S. 57, a bill to amend title 38, frain from such activities; read the first S. Res. 185. A resolution supporting the United States Code, to deem certain time. ideals and values of the Olympic Movement; service in the organized military forces

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5563 of the Government of the Common- NELSON) was added as a cosponsor of S. Internal Revenue Code of 1986 to extend wealth of the Philippines and the Phil- 446, a bill to amend the Public Health the investment tax credit with respect ippine Scouts to have been active serv- Service Act to authorize capitation to solar energy property and qualified ice for purposes of benefits under pro- grants to increase the number of nurs- fuel cell property, and for other pur- grams administered by the Secretary ing faculty and students, and for other poses. of Veterans Affairs. purposes. S. 597 S. 206 S. 495 At the request of Mrs. FEINSTEIN, the At the request of Mrs. FEINSTEIN, the At the request of Mr. LEAHY, the names of the Senator from Ohio (Mr. name of the Senator from Pennsyl- name of the Senator from Maryland BROWN), the Senator from Minnesota vania (Mr. SPECTER) was added as a co- (Mr. CARDIN) was added as a cosponsor (Mr. COLEMAN) and the Senator from sponsor of S. 206, a bill to amend title of S. 495, a bill to prevent and mitigate Tennessee (Mr. CORKER) were added as II of the Social Security Act to repeal identity theft, to ensure privacy, to cosponsors of S. 597, a bill to extend the Government pension offset and provide notice of security breaches, the special postage stamp for breast windfall elimination provisions. and to enhance criminal penalties, law cancer research for 2 years. S. 309 enforcement assistance, and other pro- S. 609 At the request of Mr. SANDERS, the tections against security breaches, At the request of Mr. ROCKEFELLER, names of the Senator from Illinois (Mr. fraudulent access, and misuse of per- the names of the Senator from Maine OBAMA) and the Senator from New sonally identifiable information. (Ms. COLLINS) and the Senator from York (Mrs. CLINTON) were added as co- S. 502 New York (Mr. SCHUMER) were added as sponsors of S. 309, a bill to amend the At the request of Mr. CRAPO, the cosponsors of S. 609, a bill to amend Clean Air Act to reduce emissions of name of the Senator from Minnesota section 254 of the Communications Act carbon dioxide, and for other purposes. (Mr. COLEMAN) was added as a cospon- of 1934 to provide that funds received as S. 326 sor of S. 502, a bill to repeal the sunset universal service contributions and the At the request of Mrs. LINCOLN, the on the reduction of capital gains rates universal service support programs es- names of the Senator from Florida (Mr. for individuals and on the taxation of tablished pursuant to that section are NELSON) and the Senator from Wash- dividends of individuals at capital not subject to certain provisions of ington (Ms. CANTWELL) were added as gains rates. title 31, United States Code, commonly cosponsors of S. 326, a bill to amend the S. 506 known as the Antideficiency Act. Internal Revenue Code of 1986 to pro- At the request of Mr. LAUTENBERG, S. 622 vide a special period of limitation when the name of the Senator from Massa- At the request of Mr. HARKIN, the uniformed services retirement pay is chusetts (Mr. KERRY) was added as a name of the Senator from Ohio (Mr. reduced as result of award of disability cosponsor of S. 506, a bill to improve ef- BROWN) was added as a cosponsor of S. compensation. ficiency in the Federal Government 622, a bill to enhance fair and open S. 430 through the use of high-performance competition in the production and sale At the request of Mr. BOND, the green buildings, and for other purposes. of agricultural commodities. names of the Senator from Hawaii (Mr. S. 522 S. 634 AKAKA) and the Senator from New Jer- At the request of Mr. BAYH, the name At the request of Mr. DODD, the name sey (Mr. LAUTENBERG) were added as of the Senator from South Dakota (Mr. of the Senator from South Dakota (Mr. cosponsors of S. 430, a bill to amend JOHNSON) was added as a cosponsor of JOHNSON) was added as a cosponsor of title 10, United States Code, to enhance S. 522, a bill to safeguard the economic S. 634, a bill to amend the Public the national defense through empower- health of the United States and the Health Service Act to establish grant ment of the Chief of the National health and safety of the United States programs to provide for education and Guard Bureau and the enhancement of citizens by improving the management, outreach on newborn screening and co- the functions of the National Guard coordination, and effectiveness of do- ordinated followup care once newborn Bureau, and for other purposes. mestic and international intellectual screening has been conducted, to reau- S. 431 property rights enforcement, and for thorize programs under part A of title At the request of Mr. SCHUMER, the other purposes. XI of such Act, and for other purposes. name of the Senator from Louisiana S. 543 S. 644 (Ms. LANDRIEU) was added as a cospon- At the request of Mr. NELSON of Ne- At the request of Mrs. LINCOLN, the sor of S. 431, a bill to require convicted braska, the name of the Senator from name of the Senator from Washington sex offenders to register online identi- Alabama (Mr. SHELBY) was added as a (Ms. CANTWELL) was added as a cospon- fiers, and for other purposes. cosponsor of S. 543, a bill to improve sor of S. 644, a bill to amend title 38, S. 439 Medicare beneficiary access by extend- United States Code, to recodify as part At the request of Mr. REID, the name ing the 60 percent compliance thresh- of that title certain educational assist- of the Senator from Maine (Ms. COL- old used to determine whether a hos- ance programs for members of the re- LINS) was added as a cosponsor of S. pital or unit of a hospital is an inpa- serve components of the Armed Forces, 439, a bill to amend title 10, United tient rehabilitation facility under the to improve such programs, and for States Code, to permit certain retired Medicare program. other purposes. members of the uniformed services who S. 579 S. 648 have a service-connected disability to At the request of Mr. REID, the name At the request of Mr. CHAMBLISS, the receive both disability compensation of the Senator from Arizona (Mr. KYL) names of the Senator from Iowa (Mr. from the Department of Veterans Af- was added as a cosponsor of S. 579, a HARKIN) and the Senator from Maine fairs for their disability and either re- bill to amend the Public Health Serv- (Ms. SNOWE) were added as cosponsors tired pay by reason of their years of ice Act to authorize the Director of the of S. 648, a bill to amend title 10, military service or Combat-Related National Institute of Environmental United States Code, to reduce the eligi- Special Compensation. Health Sciences to make grants for the bility age for receipt of non-regular S. 442 development and operation of research military service retired pay for mem- At the request of Mr. DURBIN, the centers regarding environmental fac- bers of the Ready Reserve in active fed- name of the Senator from Washington tors that may be related to the eti- eral status or on active duty for sig- (Ms. CANTWELL) was added as a cospon- ology of breast cancer. nificant periods. sor of S. 442, a bill to provide for loan S. 590 S. 659 repayment for prosecutors and public At the request of Mr. SMITH, the At the request of Mr. HAGEL, the defenders. names of the Senator from Maryland name of the Senator from Tennessee S. 446 (Mr. CARDIN) and the Senator from (Mr. CORKER) was added as a cosponsor At the request of Mr. DURBIN, the Connecticut (Mr. DODD) were added as of S. 659, a bill to amend section 1477 of name of the Senator from Florida (Mr. cosponsors of S. 590, a bill to amend the title 10, United States Code, to provide

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5564 CONGRESSIONAL RECORD — SENATE May 3, 2007 for the payment of the death gratuity Social Security Act to improve patient from Illinois (Mr. OBAMA) were added with respect to members of the Armed access to, and utilization of, the as cosponsors of S. 1257, a bill to pro- Forces without a surviving spouse who colorectal cancer screening benefit vide the District of Columbia a voting are survived by a minor child. under the Medicare Program. seat and the State of Utah an addi- S. 704 S. 1181 tional seat in the House of Representa- At the request of Mr. NELSON of Flor- At the request of Mr. OBAMA, the tives. ida, the name of the Senator from Mis- name of the Senator from Michigan S. 1261 souri (Mrs. MCCASKILL) was added as a (Mr. LEVIN) was added as a cosponsor of At the request of Ms. CANTWELL, the cosponsor of S. 704, a bill to amend the S. 1181, a bill to amend the Securities name of the Senator from Arkansas Communications Act of 1934 to prohibit Exchange Act of 1934 to provide share- (Mrs. LINCOLN) was added as a cospon- manipulation of caller identification holders with an advisory vote on execu- sor of S. 1261, a bill to amend title 10 information. tive compensation. and 38, United States Code, to repeal S. 773 S. 1196 the 10-year limit on use of Montgomery At the request of Mr. WARNER, the At the request of Mr. LIEBERMAN, the GI Bill educational assistance benefits, names of the Senator from California names of the Senator from Massachu- and for other purposes. (Mrs. BOXER) and the Senator from setts (Mr. KENNEDY), the Senator from S. 1263 Michigan (Mr. LEVIN) were added as co- Massachusetts (Mr. KERRY), the Sen- At the request of Ms. CANTWELL, the sponsors of S. 773, a bill to amend the ator from Iowa (Mr. HARKIN) and the name of the Senator from New York Internal Revenue Code of 1986 to allow Senator from Georgia (Mr. CHAMBLISS) (Mrs. CLINTON) was added as a cospon- Federal civilian and military retirees were added as cosponsors of S. 1196, a sor of S. 1263, a bill to protect the wel- to pay health insurance premiums on a bill to improve mental health care for fare of consumers by prohibiting price pretax basis and to allow a deduction wounded members of the Armed gouging with respect to gasoline and for TRICARE supplemental premiums. Forces, and for other purposes. petroleum distillates during natural S. 901 S. 1200 disasters and abnormal market disruptions, and for other purposes. At the request of Mr. KENNEDY, the At the request of Mr. DORGAN, the name of the Senator from Maine (Ms. name of the Senator from New York S. 1267 COLLINS) was added as a cosponsor of S. (Mrs. CLINTON) was added as a cospon- At the request of Mr. LUGAR, the 901, a bill to amend the Public Health sor of S. 1200, a bill to amend the In- name of the Senator from Missouri Service Act to provide additional au- dian Health Care Improvement Act to (Mrs. MCCASKILL) was added as a co- thorizations of appropriations for the revise and extend the Act. sponsor of S. 1267, a bill to maintain the free flow of information to the pub- health centers program under section S. 1205 lic by providing conditions for the fed- 330 of such Act. At the request of Mr. SMITH, the erally compelled disclosure of informa- S. 935 name of the Senator from Georgia (Mr. tion by certain persons connected with At the request of Mr. NELSON of Flor- CHAMBLISS) was added as a cosponsor of the news media. ida, the names of the Senator from S. 1205, a bill to require a pilot program S. CON. RES. 22 Vermont (Mr. SANDERS) and the Sen- on assisting veterans service organiza- URBIN ator from Maine (Ms. COLLINS) were tions and other veterans groups in de- At the request of Mr. D , the added as cosponsors of S. 935, a bill to veloping and promoting peer support names of the Senator from Ohio (Mr. repeal the requirement for reduction of programs that facilitate community BROWN) and the Senator from New survivor annuities under the Survivor reintegration of veterans returning Mexico (Mr. BINGAMAN) were added as Benefit Plan by veterans’ dependency from active duty, and for other pur- cosponsors of S. Con. Res. 22, a concur- and indemnity compensation, and for poses. rent resolution expressing the sense of the Congress that the Citizens’ Stamp other purposes. S. 1226 Advisory Committee should rec- S. 937 At the request of Mr. BAYH, the name ommend to the Postmaster General At the request of Mrs. CLINTON, the of the Senator from Ohio (Mr. BROWN) that a commemorative postage stamp name of the Senator from New Mexico was added as a cosponsor of S. 1226, a be issued to promote public awareness (Mr. DOMENICI) was added as a cospon- bill to amend title XIX of the Social of Down syndrome. sor of S. 937, a bill to improve support Security Act to establish programs to S. RES. 171 and services for individuals with au- improve the quality, performance, and At the request of Ms. COLLINS, the tism and their families. delivery of pediatric care. names of the Senator from Oregon (Mr. S. 961 S. 1237 SMITH), the Senator from Minnesota At the request of Mr. NELSON of Ne- At the request of Mr. LAUTENBERG, (Mr. COLEMAN), the Senator from braska, the names of the Senator from the names of the Senator from Con- Michigan (Ms. STABENOW), the Senator Mississippi (Mr. COCHRAN) and the Sen- necticut (Mr. LIEBERMAN), the Senator from Massachusetts (Mr. KENNEDY), the ator from Maryland (Mr. CARDIN) were from New Jersey (Mr. MENENDEZ) and Senator from New York (Mrs. CLINTON) added as cosponsors of S. 961, a bill to the Senator from Michigan (Mr. LEVIN) and the Senator from Missouri (Mr. amend title 46, United States Code, to were added as cosponsors of S. 1237, a BOND) were added as cosponsors of S. provide benefits to certain individuals bill to increase public safety by per- Res. 171, a resolution memorializing who served in the United States mer- mitting the Attorney General to deny fallen firefighters by lowering the chant marine (including the Army the transfer of firearms or the issuance United States flag to half-staff on the Transport Service and the Naval of firearms and explosives licenses to day of the National Fallen Firefighter Transport Service) during World War known or suspected dangerous terror- Memorial Service in Emmitsburg, II, and for other purposes. ists. Maryland. S. 1146 S. 1256 AMENDMENT NO. 991 At the request of Mr. SALAZAR, the At the request of Mr. KERRY, the At the request of Mr. LEAHY, his name of the Senator from Alaska (Mr. names of the Senator from Louisiana name was withdrawn as a cosponsor of STEVENS) was added as a cosponsor of (Ms. LANDRIEU) and the Senator from amendment No. 991 intended to be pro- S. 1146, a bill to amend title 38, United Illinois (Mr. OBAMA) were added as co- posed to S. 1082, a bill to amend the States Code, to improve health care for sponsors of S. 1256, a bill to amend the Federal Food, Drug, and Cosmetic Act veterans who live in rural areas, and Small Business Act to reauthorize loan to reauthorize and amend the prescrip- for other purposes. programs under that Act, and for other tion drug user fee provisions, and for S. 1164 purposes. other purposes. At the request of Mr. CARDIN, the S. 1257 At the request of Mr. SCHUMER, his name of the Senator from Hawaii (Mr. At the request of Mr. LIEBERMAN, the name was withdrawn as a cosponsor of AKAKA) was added as a cosponsor of S. names of the Senator from Massachu- amendment No. 991 intended to be pro- 1164, a bill to amend title XVIII of the setts (Mr. KENNEDY) and the Senator posed to S. 1082, supra.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5565 AMENDMENT NO. 1010 when individuals illegally stockpile First, the bill revises the technical At the request of Mr. SPECTER, his these precursors by traveling from logbook requirements in the Combat name was added as a cosponsor of pharmacy to pharmacy. Meth Act. While the Combat Meth Act amendment No. 1010 proposed to S. This legislation is endorsed by the provides for the use of electronic log- 1082, a bill to amend the Federal Food, National Alliance of State Drug En- book systems, several of the act’s re- Drug, and Cosmetic Act to reauthorize forcement Agencies, the National Nar- quirements are not tailored for and amend the prescription drug user cotics Officers’ Associations’ Coalition, logbooks kept in electronic form. For fee provisions, and for other purposes. the National Criminal Justice Associa- example, under the act, a prospective At the request of Mr. COCHRAN, the tion, the National Sheriffs’ Associa- purchaser must ‘‘enter[] into the log- name of the Senator from New Mexico tion, the Major County Sheriffs’ Asso- book his or her name, address, and the (Mr. DOMENICI) was added as a cospon- ciation, the National Troopers Coali- date and time of the sale.’’ This re- sor of amendment No. 1010 proposed to tion, the National District Attorneys quirement is unwieldy for retailers who S. 1082, supra. Association, the National Association use electronic logbook systems, be- AMENDMENT NO. 1011 of Counties, and the Community Anti- cause many purchasers cannot type quickly or accurately. The Meth- At the request of Ms. STABENOW, the Drug Coalitions of America. I also names of the Senator from Utah (Mr. want to commend and thank Illinois amphetamine Production Prevention Act would permit retailers’ employees HATCH) and the Senator from Okla- Attorney General Lisa Madigan and to type the name and address of a pur- homa (Mr. COBURN) were added as co- her staff for their assistance in pre- sponsors of amendment No. 1011 pro- paring this legislation. chaser into an electronic logbook sys- posed to S. 1082, a bill to amend the For years, the manufacture and use tem, and would allow retailers to use Federal Food, Drug, and Cosmetic Act of methamphetamine have plagued software programs that automatically to reauthorize and amend the prescrip- communities in Illinois and throughout record the date and time of each sale. tion drug user fee provisions, and for the Nation. Meth is unique among ille- Under the bill, a retail employee would other purposes. gal drugs in that its harms stem not have to ensure that the name the em- only from its distribution and use, but ployee types into the system matches AMENDMENT NO. 1016 also from the clandestine manufac- the name on the ID that the purchaser At the request of Mr. SPECTER, the turing labs that meth ‘‘cooks’’ use to is currently required to present. name of the Senator from Connecticut make meth. These labs pose serious Also, the Combat Meth Act requires (Mr. DODD) was added as a cosponsor of dangers to those who live nearby and purchasers to sign a logbook at the amendment No. 1016 intended to be pro- to the surrounding environment. Law time of sale, regardless of whether the posed to S. 1082, a bill to amend the enforcement agencies in Illinois and seller uses a paper or electronic log- Federal Food, Drug, and Cosmetic Act elsewhere are forced to devote a sig- book. Collecting and retaining elec- to reauthorize and amend the prescrip- nificant percentage of their time to lo- tronic signatures requires a large tion drug user fee provisions, and for cating, busting, and cleaning up meth amount of computer memory, and the other purposes. labs. transmission of these electronic signa- AMENDMENT NO. 1024 The Combat Methamphetamine Epi- ture files to law enforcement agencies At the request of Mr. SALAZAR, the demic Act, ‘‘Combat Meth Act,’’ en- does not provide a significant law en- name of the Senator from Pennsyl- acted in 2006, took several important forcement benefit. Sellers who use vania (Mr. SPECTER) was added as a co- steps to reduce domestic meth manu- electronic logbook systems should be sponsor of amendment No. 1024 in- facturing. These steps included lim- given the option of collecting signa- tended to be proposed to S. 1082, a bill iting the amount of meth precursor tures on paper, as long as those signa- to amend the Federal Food, Drug, and drug products that a purchaser can tures are stored for the requisite 2-year Cosmetic Act to reauthorize and amend buy, such as pseudoephedrine, and re- retention period, and as long as the sig- the prescription drug user fee provi- quiring pharmacies to keep written or natures are clearly linked to the elec- sions, and for other purposes. electronic logbooks recording each pre- tronically-captured sale information. f cursor purchase. The Combat Meth Act The Methamphetamine Production has led to a drop in the number of meth Prevention Act would permit a seller STATEMENTS ON INTRODUCED labs discovered in many States. who uses an electronic logbook to col- BILLS AND JOINT RESOLUTIONS However, domestic meth cooks have lect purchaser signatures through any By Mr. DURBIN (for himself, Mr. begun adapting to the Combat Meth of three different methods: (1) having GRASSLEY, Ms. CANTWELL, Mrs. CLIN- Act. They have figured out how to cir- the purchaser sign an electronic signa- TON, Mr. HARKIN, and Mr. OBAMA): cumvent the act’s restrictions by ture device; (2) having the purchaser S. 1276. A bill to establish a grant ‘‘smurfing,’’ or purchasing illegal sigh a bound paper book in which the program to facilitate the creation of amounts of meth precursor drugs by signature is placed adjacent to a methamphetamine precursor electronic traveling to multiple pharmacies that unique identifier number, or a printed logbook systems, and for other pur- keep written logbooks and buying legal sticker that clearly links the signature poses; to the Committee on the Judici- quantities at each one. According to Il- to the purchaser’s logbook informa- ary. linois law enforcement authorities, tion; or (3) having the purchaser sign a Mr. DURBIN. Mr. President, I rise smurfing now accounts for at least 90 document that the seller prints out at today to introduce the bipartisan percent of the pseudoephedrine used to the time of sale that displays the re- Methamphetamine Production Preven- make meth in Illinois. quired logbook information and con- tion Act of 2007. I am pleased to have The next step in combating domestic tains a signature line. These options the support and cosponsorship of Sen- meth production is to promote the use ensure that each purchaser’s signature ator GRASSLEY for this important legis- of effective electronic logbook systems. will be collected, but they give sellers lation, and I look forward to working Law enforcement experts agree that if flexibility in developing cost-effective closely with Chairman LEAHY and pharmacies maintain electronic log- electronic logbook systems. Ranking Member SPECTER to advance book information and share that infor- The Methamphetamine Production the bill through the judiciary Com- mation with appropriate law enforce- Prevention Act would also create a mittee and to secure its enactment ment and regulatory agencies, this in- small but important Federal grant pro- into law. formation can be used to prevent the gram to help States plan, create or en- The Methamphetamine Production sale of meth precursor drugs in excess hance electronic logbook systems. Sev- Prevention Act will take the next step of legal limits, and to identify and eral States, including Oklahoma, Ar- toward wiping out the domestic pro- prosecute ‘‘smurfs’’ and meth cooks. kansas, West Virginia and Kentucky, duction of methamphetamine, or This legislation, the Methamphet- have already begun developing elec- ‘‘meth.’’ The bill will make it easier to amine Production Prevention Act, fa- tronic logbook systems, and many use electronic logbook systems in order cilitates and encourages the use of other States are considering them. The to monitor sales of meth precursor meth precursor electronic logbook sys- Methamphetamine Production Preven- drugs and notify enforcement agencies tems in several ways. tion Act authorizes $3 million in grants

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5566 CONGRESSIONAL RECORD — SENATE May 3, 2007 to States and localities, with grants agree that electronic logbook systems logbook database systems, but they are hin- capped at a maximum of $300,000. The are an important tool in our effort to dered by a lack of resources; bill imposes a 25-percent State match- combat meth, particularly domestic (8) efforts by States and local governments meth labs. We can, and should, do more to develop such electronic logbook database ing requirement, to ensure that States systems may also be hindered by logbook have, invested in their logbook systems to help make these logbook systems recordkeeping requirements contained in and have a stake in ensuring the suc- work. section 310(e) of the Controlled Substances cessful operation of these systems. By facilitating and encouraging the Act (21 U.S.C. 830(e)) that are tailored to Instead of mandating how States de- use of electronic logbook systems, the written logbooks and not to electronic sign their electronic logbook systems, Methamphetamine Production Preven- logbooks; and the bill provides incentives for States tion Act will help wipe out domestic (9) providing resources to States and local- to design effective logbook systems. meth labs and the environmental and ities and making technical corrections to Because meth smurfs frequently travel social harms they cause. The bill will the Combat Methamphetamine Epidemic Act of 2005 will allow more rapid and widespread across State lines to stockpile meth also help free up law enforcement re- development of such electronic logbook sys- precursors, State efforts to develop sources from meth lab busts and clean- tems, thereby reducing the domestic manu- electronic logbook systems will be up, allowing our law enforcement agen- facture of methamphetamine and its associ- more successful if those efforts are co- cies to focus on other crime prevention ated harms. ordinated with the activities of other and enforcement efforts. The produc- SEC. 3. DEFINITIONS. states. The bill would therefore give tion of methamphetamine has plagued In this Act— priority to grant applicants whose log- our communities for far too long, and (1) the term ‘‘local’’ means a county, city, book systems are developed in con- this legislation takes a critical step to town, township, parish, village, or other gen- stop it. I urge the Senate to pass this eral purpose political subdivision of a State; sultation with a working group of key (2) the term ‘‘methamphetamine precursor Federal, State and private stake- important bill. electronic logbook system’’ means a system holders spearheaded by the National Mr. President, I ask unanimous con- by which a regulated seller electronically Alliance for Model State Drug Laws. sent that the text of the bill be printed records and transmits to an electronic data- This working group will advise States in the RECORD. base accessible to appropriate law enforce- on best practices in developing logbook There being no objection, the text of ment and regulatory agencies information systems and will help States develop the bill was ordered to be printed in regarding the sale of a scheduled listed chemical product that is required to be logbook systems that are compatible the RECORD, as follows: S. 1276 maintained under section 310(e) of the Con- and interoperable with other systems trolled Substances Act (21 U.S.C. 830(e)) (as Be it enacted by the Senate and House of Rep- across the country. amended by this Act), State law governing resentatives of the United States of America in The bill also gives a grantmaking the distribution of a scheduled listed chem- Congress assembled, preference to applicants whose logbook ical product, or any other Federal, State, or systems are statewide, are capable of SECTION 1. SHORT TITLE. local law; This Act may be cited as the ‘‘Meth- (3) the terms ‘‘regulated seller’’ and sharing information in real time, and amphetamine Production Prevention Act of are designed to share information ‘‘scheduled listed chemical product’’ have 2007’’. the meanings given such terms in section 102 across jurisdictional boundaries. At the SEC. 2. FINDINGS. of the Controlled Substances Act (21 U.S.C. same time, the bill preserves the pri- Congress finds that— 802); and vacy safeguards currently established (1) the manufacture, distribution and use (4) the term ‘‘State’’— under the Combat Meth Act and State of methamphetamine have inflicted damages (A) means a State of the United States, the law. To promote accountability, the on individuals, families, communities, busi- District of Columbia, and any common- nesses, the economy, and the environment wealth, territory, or possession of the United bill requires the Attorney General to throughout the United States; provide an annual report to Congress States; and (2) methamphetamine is unique among il- (B) includes an ‘‘Indian tribe’’, as that that evaluates the grant program and licit drugs in that the harms relating to term is defined in section 102 of the Feder- its effectiveness in curtailing meth methamphetamine stem not only from its ally Recognized Indian Tribe List Act of 1994 production. distribution and use, but also from the man- (25 U.S.C. 479a). The Methamphetamine Production ufacture of the drug by ‘‘cooks’’ in clandes- SEC. 4. AUTHORIZATION FOR EFFECTIVE METH- Prevention Act does not mandate the tine labs throughout the United States; AMPHETAMINE PRECURSOR ELEC- use of electronic logbook systems, nor (3) Federal and State restrictions limiting TRONIC LOGBOOK SYSTEMS. does it mandate the features that an the sale of legal drug products that contain Section 310(e)(1) of the Controlled Sub- methamphetamine precursors have reduced stances Act (21 U.S.C. 830(e)(1)) is amended— electronic logbook system must pos- the number and size of domestic meth- (1) in subparagraph (A)(iii), by striking ‘‘a sess. The bill respects the fact that amphetamine labs; written or electronic list’’ and inserting ‘‘a States have enacted various types of (4) domestic methamphetamine cooks have written list or an electronic list that com- anti-meth restrictions above the Fed- managed to circumvent restrictions on the plies with subparagraph (H)’’; and eral Combat Meth Act baseline, and sale of methamphetamine precursors by (2) adding at the end the following: that pharmacies and retailers in dif- ‘‘smurfing’’, or purchasing impermissibly ‘‘(H) ELECTRONIC LOGBOOKS.— ferent States have different capabili- large cumulative amounts of precursor prod- ‘‘(i) IN GENERAL.—A logbook maintained in ties with regard to electronic tracking. ucts by traveling from retailer to retailer electronic form shall include, for each sale and buying permissible quantities at each re- to which the requirement of subparagraph At the same time, we want to encour- tailer; (A)(iii) applies, the name of any product age States to coordinate their develop- (5) although Federal and State laws require sold, the quantity of that product sold, the ment of methamphetamine precursor retailers of methamphetamine precursor name and address of each purchaser, the date electronic logbook systems so that products to keep written or electronic and time of the sale, and any other informa- smurfs will not be able to supply their logbooks recording sales of precursor prod- tion required by State or local law. meth labs by hopping across State ucts, retailers are not always required to ‘‘(ii) SELLERS.—In complying with the re- lines. Our bill aims to strike a balance transmit this logbook information to appro- quirements of clause (i), a regulated seller by coordinating the various State ef- priate law enforcement and regulatory agen- may— cies, except upon request; ‘‘(I) ask a prospective purchaser for the forts, while still allowing States the (6) when retailers’ logbook information re- name and address, and enter such informa- flexibility to innovate and to respond garding sales of methamphetamine precursor tion into the electronic logbook, and if the to their specific State needs. products is kept in a database in an elec- seller enters the name and address of the There are many actions besides pro- tronic format and transmitted between re- prospective purchaser into the electronic moting electronic logbook systems tailers and appropriate law enforcement and logbook, the seller shall determine that the that we must take to address the regulatory agencies, such information can be name entered into the electronic logbook scourge of methamphetamine. For ex- used to further reduce the number of domes- corresponds to the name provided on the ample, we must provide for the preven- tic methamphetamine labs by preventing the identification presented by the purchaser tion and treatment of meth use, and we sale of methamphetamine precursors in ex- under subparagraph (A)(iv)(I)(aa); and cess of legal limits, and by identifying and ‘‘(II) use a software program that auto- must also prevent the illegal distribu- prosecuting ‘‘smurfs’’ and others involved in matically and accurately records the date tion of meth and its precursors over methamphetamine manufacturing; and time of each sale. the Internet and from other countries. (7) States and local governments are al- ‘‘(iii) PURCHASERS.—A prospective pur- However, law enforcement experts ready beginning to develop such electronic chaser in a sale to which the requirement of

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subparagraph (A)(iii) applies that is being cursor electronic logbook system, whether (B) ADDITIONAL INFORMATION.—The Attor- documented in an electronic logbook shall that prospective purchaser has been deter- ney General may require the recipient of a provide a signature in at least 1 of the fol- mined by appropriate law enforcement or grant under this section to provide informa- lowing ways: regulatory agencies to be eligible, ineligible, tion relevant to preparing any report under ‘‘(I) Signing a device presented by the sell- or potentially ineligible to purchase a sched- subparagraph (A) in a report that grant re- er that captures signatures in an electronic uled listed chemical product under Federal, cipient is required to submit to the Office of format. State, or local law; and Justice Programs of the Department of Jus- ‘‘(II) Signing a bound paper book. (B) provide contact information for a pro- tice. ‘‘(III) Signing a printed document that cor- spective purchaser to use if the prospective SEC. 6. STUDY. responds to the electronically-captured log- purchaser wishes to question a determina- (a) IN GENERAL.—Not later than 1 year book information for such purchaser. tion by appropriate law enforcement or regu- after the date on which grant funds under ‘‘(iv) ELECTRONIC SIGNATURES.— latory agencies that the prospective pur- section 5 are first distributed, the Comp- ‘‘(I) DEVICE.—Any device used under clause chaser is ineligible or potentially ineligible troller General of the United States shall (iii)(I) shall— to purchase a scheduled listed chemical conduct a study and submit to Congress a re- ‘‘(aa) preserve each signature in a manner product. port regarding the effectiveness of meth- that clearly links that signature to the other (2) ACCESS TO INFORMATION.—Any methamphetamine precursor electronic logbook electronically-captured logbook information amphetamine precursor electronic logbook systems that receive funding under that sec- relating to the prospective purchaser pro- system planned, developed, implemented, or tion. viding that signature; and enhanced with a grant under this section (b) CONTENTS.—The report submitted under ‘‘(bb) display information that complies shall prohibit accessing, using, or sharing in- subsection (a) shall include— with subparagraph (A)(v). formation entered into that system for any (1) a summary of the activities carried out ‘‘(II) DOCUMENT RETENTION.—A regulated purpose other than to— with grant funds during the previous year; seller that uses a device under clause (iii)(I) (A) ensure compliance with this Act, sec- (2) an assessment of the effectiveness of to capture signatures shall maintain each tion 310(e) of the Controlled Substances Act the activities described in paragraph (1) on such signature for not less than 2 years after (21 U.S.C. 830(e)) (as amended by this Act), the planning, development, implementation the date on which that signature is captured. State law governing the distribution of any or enhancement of methamphetamine pre- ‘‘(v) PAPER BOOKS.— scheduled listed chemical product, or other cursor electronic logbook systems in the ‘‘(I) IN GENERAL.—Any bound paper book applicable Federal, State, or local law; or United States; used under clause (iii)(II) shall— (B) facilitate a product recall to protect (3) an assessment of the extent to which ‘‘(aa) ensure that the signature of the pro- public safety. proposed or operational methamphetamine spective purchaser is adjacent to a unique (c) GRANT REQUIREMENTS.— precursor electronic logbook systems in the identifier number or a printed sticker that (1) MAXIMUM AMOUNT.—The Attorney Gen- United States, including those that receive clearly links that signature to the electroni- eral shall not award a grant under this sec- funding under section 5, are— cally-captured logbook information relating tion in an amount that exceeds $300,000. (A) statewide in scope; to that prospective purchaser; and (2) DURATION.—The period of a grant made (B) capable of real-time capture and trans- ‘‘(bb) display information that complies under this section shall not exceed 3 years. mission of logbook information to appro- with subparagraph (A)(v). (3) MATCHING REQUIREMENT.—Not less than priate law enforcement and regulatory agen- ‘‘(II) DOCUMENT RETENTION.—A regulated 25 percent of the cost of a project for which cies; seller that uses bound paper books under a grant is made under this section shall be (C) designed in a manner that will facili- clause (iii)(II) shall maintain any entry in provided by non-Federal sources. tate the exchange of logbook information be- such books for not less than 2 years after the (4) PREFERENCE FOR GRANTS.—In awarding tween appropriate law enforcement and regu- date on which that entry is made. grants under this section, the Attorney Gen- latory agencies across jurisdictional bound- ‘‘(vi) PRINTED DOCUMENTS.— eral shall give priority to any grant applica- aries, including State boundaries; and ‘‘(I) IN GENERAL.—Any printed document tion involving a proposed or ongoing meth- (D) developed and operated, to the extent used under clause (iii)(III) shall— amphetamine precursor electronic logbook feasible, upon consultation with and in ongo- ‘‘(aa) be printed by the seller at the time of system that is— ing coordination with the Drug Enforcement the sale that document relates to; (A) statewide in scope; Administration, the Office of Justice Pro- ‘‘(bb) display information that complies (B) capable of real-time capture and trans- grams, the Office of National Drug Control with subparagraph (A)(v); mission of logbook information to appro- Policy, the non-profit corporation described ‘‘(cc) for the relevant sale, list the name of priate law enforcement and regulatory agen- in section 1105 of the Office of National Drug each product sold, the quantity sold, the cies; Control Policy Reauthorization Act of 2006 name and address of the purchaser, and the (C) designed in a manner that will facili- (21 U.S.C. 1701 note), other Federal, State, date and time of the sale; tate the exchange of logbook information be- and local law enforcement and regulatory ‘‘(dd) contain a clearly identified signature tween appropriate law enforcement and regu- agencies, as appropriate, and regulated sell- line for a purchaser to sign; and latory agencies across jurisdictional bound- ers; ‘‘(ee) include a notice that the signer has aries, including State boundaries; and (4) an assessment of the effect of meth- read the printed information and agrees that (D) developed and operated, to the extent amphetamine precursor electronic logbook it is accurate. feasible, in consultation and ongoing coordi- systems, including those that receive fund- ‘‘(II) DOCUMENT RETENTION.— nation with the Drug Enforcement Adminis- ing under this Act, on curtailing the manu- ‘‘(aa) IN GENERAL.—A regulated seller that tration, the Office of Justice Programs, the facturing of methamphetamine in the United uses printed documents under clause (iii)(III) Office of National Drug Control Policy, the States and reducing its associated harms; shall maintain each such document for not non-profit corporation described in section (5) recommendations for further curtailing less than 2 years after the date on which that 1105 of the Office of National Drug Control the domestic manufacturing of methamphet- document is signed. Policy Reauthorization Act of 2006 (21 U.S.C. amine and reducing its associated harms; ‘‘(bb) SECURE STORAGE.—Each signed docu- 1701 note), other Federal, State, and local and ment shall be inserted into a binder or other law enforcement and regulatory agencies, as (6) such other information as the Comp- secure means of document storage imme- appropriate, and regulated sellers. troller General determines appropriate. diately after the purchaser signs the docu- (5) ANNUAL REPORT.— ment.’’. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (A) IN GENERAL.—Not later than December There are authorized to be appropriated to SEC. 5. GRANTS FOR METHAMPHETAMINE PRE- 31 of each calendar year in which funds from CURSOR ELECTRONIC LOGBOOK carry out this Act— SYSTEMS. a grant received under this section are ex- (1) $3,000,000 for fiscal year 2008; and (a) ESTABLISHMENT.—The Attorney General pended, the Attorney General shall submit a (2) such sums as may be necessary for each of the United States, through the Office of report to Congress containing— fiscal year thereafter. (i) a summary of the activities carried out Justice Programs of the Department of Jus- Mr. GRASSLEY. Mr. President, I am tice, may make grants, in accordance with with grant funds during that year; such regulations as the Attorney General (ii) an assessment of the effectiveness of pleased to join my colleague, Senator may prescribe, to State and local govern- the activities described in clause (i) on the DURBIN, in introducing the Meth- ments to plan, develop, implement, or en- planning, development, implementation or amphetamine Production Prevention hance methamphetamine precursor elec- enhancement of methamphetamine pre- Act of 2007. Together we offer this im- tronic logbook systems. cursor electronic logbook systems; portant legislation in an effort to (b) USE OF FUNDS.— (iii) an assessment of the effect of the ac- strengthen existing law by providing (1) IN GENERAL.—A grant under this section tivities described in clause (i) on curtailing some necessary changes and updates. may be used to enable a methamphetamine the manufacturing of methamphetamine in precursor electronic logbook system to— the United States and the harms associated During my time in the Senate, I have (A) indicate to a regulated seller, upon the with such manufacturing; and come to the floor many times to speak entry of information regarding a prospective (iv) a strategic plan for the year following about methamphetamine and how it purchaser into the methamphetamine pre- the year of that report. has destroyed individuals, families, and

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5568 CONGRESSIONAL RECORD — SENATE May 3, 2007 communities across the country. The ticle raised a question about the making offenders. Needles have better odds Midwest was hit especially hard by lengths that were required for this dep- in haystacks. meth and the impacts of this drug were uty to do his job in combating mom His diligent work has nailed at least three alleged meth makers who tried to skirt Iowa devastating to rural areas. As opposed and pop meth labs. The article stated, law restricting purchase of pseudoephedrine, to other illegal drugs, meth is often ‘‘Now we’re stuck with this image of a a key ingredient in making the recreational times home cooked and made in rural detective in each Iowa county sorting poison. areas using ingredients that are largely through thousands of paper forms.’’ It When Iowa lawmakers began talking about available over the counter. I am proud read further, ‘‘He must call county to toughening meth laws in 2005, we were to say that Congress has taken action county to find out if those purchasing among those cautious about what that would mean to the privacy and convenience of the to attack this problem head on by the limit in Scott County might be 99.9 percent of Iowans who bought cold medi- working to cut off access to these over doing so elsewhere as well.’’ This state- cine for their colds. But the scourge that is the counter products that form the ment gets right to the heart of our bill. meth convinced us the intrusion was minor basis of the drug. We can’t effectively combat meth if we and the impact could be major. We joined Legislation such as the Combat don’t close the smurfing loophole. those supporting the bill, which became law. Methamphetamine Act of 2005, Combat To address this loophole, Senator Jackson’s success in tracking down offend- Meth Act of 2005, which was included DURBIN and I have introduced the ers affirms the intent was correct. ‘‘When I into the USA Patriot Act Reauthoriza- Methamphetamine Production Preven- first started doing it, I’d find 12 offenders at a time,’’ Jackson says of his paper-trail de- tion in 2005 immediately impacted the tion Act of 2007. This legislation would tective work. Meth makers, indeed, were production of home cooked meth. Just revise the technical requirements of driving from store to store to buy enough of a week ago when I joined with Senator the Combat Meth Act to allow for elec- the key ingredient to make enough meth to FEINSTEIN in introducing two other tronic logbook systems. The bill would sell. separate bills, the Saving Kids from also create a Federal grant program for Now he says the pickings are slimmer. Dangerous Drugs Act and the Drug En- states looking to create or enhance ex- And, he says, the county’s biggest pharmacies are talking among themselves, in- dangered Children Act, I noted that be- isting electronic logbook systems. Fi- quiring about people who are trying to buck cause of the efforts of Congress in pass- nally, this bill would prioritize these the limit of 7,500 milligrams of ing the Combat Meth Act, the number Federal grants to states that design pseudoephedrine per month. That’s elimi- of clandestine meth lab seizures has and implement the most effective sys- nated the high volume meth makers. dropped across the country. tems for sharing information via an What’s left, Jackson surmises, are personal The Combat Meth Act was a tremen- electronic logbook system. meth-using addicts who cook smaller dous step in the right direction lim- This legislation will take a big step amounts for themselves and a little to deal. Jackson warns that meth use still rages, iting access to psuedoephedrine, PSE, forward in closing this loophole that fueled by drugs shipped from southern the main ingredient in methamphet- home grown meth cooks abuse. Addi- states. But the dangerous labs, set up in ho- amine. The Combat Meth Act required tionally, it does so without creating tels, cars, even public parks, have dimin- this product to be removed from store burdensome mandates upon states to ished considerably, thanks to laws restrict- shelves and placed behind the counter meet requirements. This bill facilitates ing access to ingredients. at pharmacies across the country. It innovation and growth by offering fi- Now we’re stuck with this image of a de- also limited the number of products nancial assistance to states looking to tective in each Iowa county sorting through thousands of paper forms. Although the containing PSE a person could buy at create an electronic logbook system. record-keeping is required, Jackson must get once. Further, it required a logbook By avoiding mandates, this legislation a court order to view the records. He must system be kept by pharmacies con- seeks to promote innovation and call county to county to find out if those taining information regarding the indi- growth of electronic logbook systems. purchasing the limit in Scott County might viduals that purchased products con- This bill has broad support from the be doing so elsewhere as well. taining PSE. law enforcement community and has We’re wondering if a central registry of Despite these successes, ever deter- been endorsed by the National Sheriffs’ some sort might help enforcement statewide, alerting authorities to individuals making mined meth cooks and users have Association, the National Narcotics Of- purchases in multiple counties. Compiling learned how to game this system and ficers’ Associations’ Coalition, Na- the information electronically at the site of continue to produce home grown meth. tional Alliance of State Drug Enforce- purchase certainly would add costs and re- The preferred method of these meth ment Agencies, the National Criminal quire careful planning to assure privacy for cooks is to ‘‘smurf’’ between different Justice Association, the National the 99 percent of law-abiding pharmacies for PSE products. Troopers Coalition, the National Dis- psuedoephedrine buyers. But it would trim Smurfing occurs when a person visits a trict Attorneys Association, the Na- significant enforcement cost by eliminating number of different locations buying tional Association of Counties, and the the hours that officers like Det. Jackson the legal maximum amount of PSE spend combing paper records. And it would Community Anti-Drug Coalitions of detect meth-makers skirting the law by product at each site. The result is an America among others. spreading out their purchases over several amount of PSE sufficient to produce As you can see, this legislation has a counties. home cooked meth. Smurfing occurs broad base of support. Working to- because the Combat Meth Act only re- gether, state and local governments By Mr. CARDIN (for himself and quired that retailers keep a logbook can use this legislation and grant pro- Ms. SNOWE): which could be kept on paper or elec- gram to create interoperable networks S. 1282. A bill to amend the Internal tronically. It did not require interoper- that will reduce the illegal smurfing of Revenue Code of 1986 to provide for the ability or electronic transmission of PSE products and lead us to the goal of exclusion from gross income of certain data. As a result, these unscrupulous ending domestic production of meth. I wages of a certified master teacher, individuals have learned that if they urge my colleagues, join us in support and for other purposes; to the Com- provide false information or visit mul- of this important legislation and pass mittee on Finance. tiple stores, tracking and arresting the Methamphetamine Production Pre- Mr. CARDIN. Mr. President, as you these individuals is more difficult and vention Act of 2007 and help wipe out know, teachers are the most valuable time consuming for law enforcement. domestic production of meth. resource when it comes to educating This is especially true in metropolitan Mr. President, I ask unanimous con- our Nation’s children. Under the No communities that share a common bor- sent that the aforementioned article be Child Left Behind Act, (NCLB), States der, one such example is the Quad Cit- printed in the RECORD. are required to recruit highly qualified ies on the Iowa/Illinois border. There being no objection, the mate- teachers, yet schools in rural or high Recently, the Quad City Times high- rial was ordered to be printed in the poverty areas have trouble attracting lighted the successes of the Combat RECORD, as follows: and retaining these teachers. It is for Meth Act in an article titled, The Next [From the Quad-City Times] this reason that Senator Snowe and I Step in Meth War. This article detailed THE NEXT STEP IN METH WAR have joined together to introduce The the efforts of a Scott County Deputy Scott County Deputy Robert Jackson fig- Master Teacher Act of 2007. and his dedication in fighting the meth ures he searched through 12,000 cold medi- We have an education problem in war. One noteworthy portion of this ar- cine receipts to find three possible meth- America. The schools that most need

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5569 experienced educators simply do not teaching at-risk students more desir- would result (at the time of such certifi- have the resources to attract and keep able. In short, we must establish a cation) in more than 10 percent of the the best teachers. We must give our class of ‘‘master teachers’’ with exten- State’s public school teachers being certified schools the tools they need to prepare sive experience and training who are master teachers. ‘‘(c) QUALIFIED SCHOOL IN NEED OF IM- our students to succeed. willing to teach for an extended period PROVEMENT.—For purposes of this section, As currently designated by NCLB, 100 of time in the schools that need them the term ‘qualified school in need of im- percent of our Nation’s schools must the most. provement’ means, with respect to any cer- meet Adequate Yearly Progress, AYP, Fortunately, research also shows tified master teacher— in reading/language arts and mathe- even modest monetary incentives lower ‘‘(1) the school in need of improvement matics by the 2013/2014 school year. To teacher attrition, especially in high- which first employs such teacher during the date, almost 26 percent of schools in risk school districts. Our legislation certification period, the U.S. are not making the grade. Ac- will reward master teachers with a 25 ‘‘(2) any school in need of improvement which subsequently employs such teacher, cording to a report released by the Na- percent Federal tax exemption on their but only if each school in need of improve- tional Education Association last year, salary for four years if they agree to ment which previously employed such teach- fewer schools met AYP in the 2004/2005 teach in a school that is not meeting er during the certification period has ceased school year than the prior school year. AYP. A master teacher is a teacher to be a school in need of improvement, and In my home State of Maryland, 311 out that has at least 5 years of teaching ex- ‘‘(3) any school described in paragraph (1) of 1,429 schools, or almost 22 percent, perience in a public elementary or sec- or (2) which ceases to be a school in need of did not make Adequate Yearly ondary school, holds a master’s degree, improvement, but only if such teacher was Progress, as defined by the No Child meets the definition of highly qualified employed by such school (during such teacher’s certification period) at the time that Left Behind Act and the State targets. as defined by the NCLB, and has ob- such school ceased to be a school in need of During the 2005–2006 school year, 79 tained advanced certification in their improvement. schools, or about 6 percent of Mary- state licensing system. Each State ‘‘(d) SCHOOL IN NEED OF IMPROVEMENT.—For land’s elementary and secondary would have a cap of 10 percent of public purposes of this section, the term ‘school in schools had missed Adequate Yearly school teachers eligible to receive mas- need of improvement’ means a public ele- Progress toward State achievement ter teacher tax treatment at a time. mentary or secondary school that— targets for 5 or more consecutive years. This program would go into effect in ‘‘(1) is identified for school improvement, As a result they were placed in restruc- corrective action, or restructuring under sec- 2007 and end with the 2013/2014 school tion 1116 of the Elementary and Secondary turing and were subject to a variety of year, when NCLB requires that 100 per- Education Act of 1965 (20 U.S.C. 6316), and major school-wide reform strategies. A cent of students perform at the pro- ‘‘(2) is eligible for a schoolwide program large majority of these restructuring ficient level. under section 1114 of the Elementary and schools are urban schools, and more Good teachers are essential to a suc- Secondary Education Act of 1965 (20 U.S.C. than half are in the Baltimore City cessful education system; they are the 6314). Public School System. profession charged with educating our ‘‘(e) ELIGIBLE TEACHER.—For purposes of According to research, teacher qual- future work force. The Master Teacher this section, the term ‘eligible teacher’ means a teacher who— ity is the schooling factor with the Act of 2007 will provide our children ac- most profound effect on student ‘‘(1) has had at least 5 years of teaching excess to the best possible teachers and perience in a public elementary or secondary achievement. Good teachers can make our teachers much needed financial school, up to a full year’s difference in learn- support. ‘‘(2) is highly qualified, as defined in sec- ing growth for students and overwhelm I ask unanimous consent that the tion 9101 of the Elementary and Secondary the impact of any other educational in- text of the bill be printed in the Education Act of 1965 (20 U.S.C. 7801), vestment, including smaller class sizes. RECORD. ‘‘(3) has a master’s degree, and Unfortunately, our educational sys- There being no objection, the text of ‘‘(4) has earned— tem pairs the children most behind the bill was ordered to be printed in ‘‘(A) advanced certification in the teach- with teachers who, on average, have er’s State licensing system, or the RECORD, as follows: ‘‘(B) in the case of a teacher in a State less experience, less education, and less S. 1282 that does not offer advanced certification, skill than those who teach other chil- Be it enacted by the Senate and House of Rep- certification from the National Board for dren. Certainly, there are exceptions, resentatives of the United States of America in Professional Teaching Standards. excellent and experienced teachers who Congress assembled, ‘‘(f) CERTIFICATION PERIOD.—For purposes have devoted their lives to at-risk stu- SECTION 1. MASTER TEACHER EXCLUSION. of this section, the term ‘certification pe- dents. But the overall patterns are (a) MASTER TEACHER EXCLUSION.—Part III riod’ means, with respect to any certified clear. of subchapter B of chapter 1 of the Internal master teacher, the 4-year period described Despite evidence that teachers be- Revenue Code of 1986 is amended by inserting in subsection (b). come more effective after several years after section 139A the following new section: ‘‘(g) STATE IDENTIFICATION REQUIRED ON RETURN.—With respect to any certified mas- experience, students in high-poverty ‘‘SEC. 139B. CERTAIN WAGES OF CERTIFIED MAS- TER TEACHERS. ter teacher, no exclusion shall be allowed and high-minority schools are assigned under subsection (a) for any taxable year un- to novice teachers almost twice as ‘‘(a) 25 PERCENT EXCLUSION.—Gross income does not include 25 percent of wages earned less the certified master teacher includes the often as children in low-poverty by a certified master teacher in remunera- State in which the teacher has been certified schools. Classes in high-poverty and tion for employment at a qualified school in on the certified master teacher’s return of high-minority schools are much more need of improvement or a Head Start pro- tax for such taxable year. ERMINATION.—This section shall not likely to be taught by teachers without gram assisted under the Head Start Act (42 ‘‘(h) T apply to any taxable year beginning after a major or minor in the subject they U.S.C. 9831 et seq.). December 31, 2013.’’. ‘‘(b) CERTIFIED MASTER TEACHER.—For pur- teach. Certainly, there are excellent (b) CLERICAL AMENDMENT.—The table of poses of this section— first-year teachers and ineffective vet- sections for part III of subchapter B of chap- ‘‘(1) IN GENERAL.—The term ‘certified mas- erans. Indeed, mastery of a subject ter 1 of the Internal Revenue Code of 1986 is ter teacher’ means any eligible teacher who amended by inserting after the item relating matter does not necessarily translate is certified by a State as being eligible for to section 139A the following new item: into effective teaching. But these prox- the exclusion from gross income provided ies for teacher effectiveness are backed under subsection (a) with respect to wages ‘‘Sec. 139B. Certain wages of certified mas- by substantial bodies of research. Stud- earned during a 4-year certification period. A ter teachers.’’. ies of effective teachers reveal they are teacher shall not be treated as a certified (c) REPORT TO CONGRESS.—The Secretary of distributed among our Nation’s schools master teacher except during the certifi- the Treasury shall transmit to the Congress in a manner that actually enlarges cation period. for each of calendar years 2007 through 2013 achievement gaps. ‘‘(2) RECERTIFICATION PROHIBITED.—A an annual report stating, with respect to We will only close student achieve- teacher shall not be certified as a certified each State, the number of individuals cer- master teacher for more than one certifi- tified by such State as certified master ment gaps when we improve teacher cation period. teachers who were allowed an exclusion from quality and experience. We must make ‘‘(3) STATE LIMITATION ON NUMBER OF CER- gross income under section 139B of the Inter- obtaining advanced training and expe- TIFIED MASTER TEACHERS.—A State may not nal Revenue Code of 1986 for a taxable year rience in teaching more accessible and certify any teacher if such certification ending in such calendar year.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5570 CONGRESSIONAL RECORD — SENATE May 3, 2007 (d) EFFECTIVE DATE.—The amendments Our bill creates a wounded warrior McClellan Veterans Hospital, which I made by this section shall apply to taxable battalion, which will be an Army pilot visited not too long ago, and we have years beginning after December 31, 2006. program to improve the transition at least a couple of other very good fa- By Mr. PRYOR (for himself and from military to civilian life for cilities in our State. They offer, gen- Mr. CHAMBLISS): wounded combat veterans, as well as erally speaking, great care. We know S. 1283. A bill to amend title 10, track and assist members of the Armed that sometimes people fall through the United States Code, to improve the Forces who are in outpatient status cracks, but we are very proud of our management of medical care, personnel and in need of medical treatment. More VA presence in the State of Arkansas. actions, and quality of life issues for than 24,900 soldiers have been wounded I must say that in my office in Little members of the Armed Forces who are in Iraq. We owe it to them and their Rock—and the one here, for that mat- receiving medical care in an outpatient loved ones to have a responsive health ter—we have people on staff who deal status, and for other purposes; to the care system in place, in addition to the and work with soldiers virtually on a Committee on Armed Services. very best medical care available. daily basis—people who are in the VA Mr. CHAMBLISS. Mr. President, I This legislation increases the re- system who, for some reason, have run rise today to join my colleague and my sources available to our veterans in into some bureaucratic roadblock or a good friend, the Senator from Arkan- order to allow them to focus on their file gets lost or a record gets lost or sas, Mr. PRYOR, in introducing legisla- recovery rather than redtape. Heroes some box doesn’t get checked or what- tion to ensure that the medical needs such as these need and deserve the best ever the case may be. We, more or less, of wounded service men and women are medical care and attention we can like many colleagues here, have full- properly met and that the military bu- offer them, and this bill will help pro- time staff who do that on virtually a reaucracy does not interfere with their vide that. They do not need to be dis- full-time basis. We are honored to help recovery progress. advantaged by an outdated, bureau- the citizens of our State in any way we We have watched with embarrass- cratic process that adds more stress to can, but we also would like to say that ment and compassion as the unaccept- their recovery process. we can help the VA system run better able conditions of some of our military Our legislation is a step in the right and provide better health care with medical care facilities and housing fa- direction to reform and modernize the less bureaucracy. cilities were revealed and shown to the outpatient treatment process and will public. Clearly, we owe our wounded Arkansas has had about 40 soldiers increase the morale and welfare of our killed in Iraq. It has been a very hard military personnel the best treatment recovering servicemembers. They de- and care that can be offered. This bill circumstance for our State to go serve our fullest support, and we are through. It impacts every community we are introducing today will help pro- committed to meeting their needs. vide that. in the State and almost every family in This bill mirrors H.R. 1538, which was the State. In addition to those 40, Let me say, first of all, I have re- passed by the House of Representatives cently had the opportunity to visit the which obviously are going to get more by a vote of 426 to 0 on March 28 of this notice and publicity and discussion, as Eisenhower Medical Center at Fort year. Gordon, GA, as well as the medical fa- they should, there are 369 Arkansans I thank Senator PRYOR for the who have been injured in Iraq. Those cility at Fort Benning, GA, and I am chance to work together with him on numbers track fairly well what the na- reminded once again that medical care this important legislation. He and I given to our military men and women tional numbers are. have had the opportunity to work on is truly second to none. Are there ex- any number of measures during our Across this Nation, there have been ceptions? Sure. There are problems now going on 5 years in the Senate. He 11,215 soldiers, at last count, who have that arise from time to time in the de- is a true champion of not just our been wounded in Iraq so severely that livery of health care services to our wounded but all of our military per- they have not been able to return to military men and women. Our purpose sonnel, and it has been a pleasure to duty. So it is critical that we have leg- today is to try to make some of the bu- work with him. islation such as the Wounded Warrior reaucracy go away and to try to help I commend this bill to all of my col- Assistance Act. It will require case make sure our medical suppliers at all leagues. I hope we can move to a swift managers for outpatients to handle no of our military facilities around the passage of the bill so we can present it more than 17 cases. They will have to country and around the world have the to the President for his signature. I review each case weekly. It creates a ability to deliver the very best medical urge my colleagues to support it. system of patient advocates within our care to our men and women. health care system. It increases train- Our bill, S. 1283, the Wounded War- I yield the floor. The PRESIDING OFFICER. The Sen- ing for health care professionals, med- rior Assistance Act of 2007, will im- ical case managers, and patient advo- prove the access to and quality of the ator from Arkansas is recognized. Mr. PRYOR. Mr. President, I thank cates, with an emphasis on identifying health care our military personnel re- the Senator from Georgia for his kind and treating post-traumatic stress dis- ceive by requiring that case managers order and traumatic brain injuries. It for personnel in medical holdover sta- remarks. Of course, everybody in the Senate knows what a friend to the men establishes a toll-free hotline for pa- tus handle no more than 17 cases and tients and families to report problems review each case once a week. and women in uniform Senator CHAM- BLISS has been since he has been in the with medical facilities or patient care. Our bill will also create a system of It creates an independent advocate to patient advocates who can help per- Senate. I am sure that also relates back to his House days. He has really counsel servicemembers appearing be- sonnel navigate the cumbersome med- fore medical evaluation boards. We ical board and review process, as well been a fabulous leader for our soldiers, think all of those are healthy, positive, as add necessary funding to hire addi- and it is an honor for me to ask him to and constructive reforms. We think the tional physicians. join me in the Wounded Warrior Act. Our bill increases training for health Last Friday, I had the chance to go time has come for this to happen. care professionals, medical case man- to Walter Reed and see three Arkan- Senator CHAMBLISS, a few moments agers, and patient advocates, with an sans who were injured in various ways ago, mentioned that the House passed emphasis on identifying and treating in Iraq. It is always a sobering experi- this legislation 426 to 0. They did that difficult-to-diagnose and complex con- ence to go see our soldiers whom we late last month. It is the Senate’s turn ditions, such as post-traumatic stress are so proud of. We are proud of the to weigh in and be on record for help- disorder and traumatic brain injury. people who put on the uniform and put ing our wounded warriors. Our bill establishes a toll-free hotline their lives in jeopardy for the prin- The Wounded Warrior Assistance Act for patients and their families to re- ciples of this country. And we have allows them to focus on healing and port problems with medical facilities other facilities, not just Walter Reed. I not be frustrated by redtape. It im- or patient care and creates an inde- know that is the one that gets the proves the access and quality of care pendent advocate to counsel service- most publicity nationally. Obviously, our veterans receive. It puts an advo- members appearing before medical every State or region has a lot of facili- cate on their side. We know that with evaluation boards. ties. In Little Rock, there is the John any large organization, there will be

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5571 some bureaucracy and files will be lost Among other things, those who support rate foreign tax credit basket is an and information gets misplaced. We this half-cocked fiscal policy claim anti-abuse provision that will stop U.S. understand that. But, hopefully, what that shutting down U.S. manufacturing multinational companies from using this will do is streamline the process operations and moving them abroad the foreign tax credit to shelter profits and make the system work a lot better will result in more U.S. jobs and in- generated in a tax haven country by for those who have been willing to crease our exports. preventing the cross-crediting of high make the sacrifice for this country. However, this assertion is not sup- foreign taxes on general income Mr. President, I think this is impor- ported by the facts. According to the against the U.S. tax on imported prop- tant legislation because it does good latest available data, the number of erty income that is subject to low for- things, but it is also symbolic legisla- foreign manufacturing affiliates has eign taxes. tion. It shows our members of the mili- grown from 7,420 to 8,490, up some 14 The tax experts with the Joint Com- tary that we are willing—their Govern- percent since 1993. From 1993 though mittee on Taxation estimate that this ment and the people of this country— 2004, U.S. companies moved 1 million pernicious tax break will costs U.S. to stand behind them during and after manufacturing jobs offshore to their taxpayers some $15.5 billion over the their Active-Duty service. foreign affiliates. next decade. It is no wonder that the I ask that my colleagues give this Throughout this entire period, this powerful lobby for the largest U.S. legislation their strong consideration. perverse deferral break has been in ef- multinational firms has fought to keep The House passed it overwhelmingly. I fect. Has it resulted in new U.S. manu- this tax loophole fully intact. But as I hope we will have broad-based, bipar- facturing jobs? No. We have lost some have told my colleagues on the Senate tisan support in this body. It is an 3.2 million U.S. manufacturing jobs floor a number of times, I intend to honor for me to offer it with my lead since 2000 alone. Has this misguided tax offer this proposal again and again cosponsor, Senator CHAMBLISS of Geor- subsidy resulted in higher exports from until this tax subsidy is finally re- gia. U.S. companies to their foreign affili- pealed. I yield the floor. ates as the proponents of this tax sub- I understand that some U.S. compa- sidy suggest? No. In fact, imports into nies will still choose, with or without By Mr. DORGAN (for himself, Ms. the United States from the foreign sub- this tax subsidy, to dislocate thousands MIKULSKI, Mr. DURBIN, Ms. sidiaries of U.S. companies more than of workers in America in search of STABENOW, Mr. ROCKEFELLER, doubled from $92 billion in 1993 to $203 cheaper labor, lax regulation, and Mr. LEVIN, Mrs. FEINSTEIN, Mr. billion in 2004. And the balance of trade greater profits abroad at whatever the JOHNSON, Mr. HARKIN, Mr. FEIN- with foreign affiliates of U.S. firms cost. They will be free to do so. But at GOLD, Mr. LEAHY, Mr. KOHL, and plummeted to a $72 billion deficit in least U.S. taxpayers will not be asked Mr. KENNEDY): 2004 as compared to $3.4 billion in 1997. to provide billions of dollars in tax sub- S. 1284. A bill to amend the Internal I have been working to end this sidies for those who do. Revenue Code of 1986 to provide for the wrong-headed Federal tax break for I urge all of my colleagues in the taxation of income of controlled for- many years. Senator MIKULSKI and I Senate, Democrats and Republicans eign corporations attributable to im- have forced the Senate to vote to re- alike, to take a fresh look at this issue ported property; to the Committee on peal this tax subsidy several times. I and help us do what Congress should Finance. have described stories on the Senate have done many years ago; that is, re- Mr. DORGAN. Mr. President, today I floor about a number of American com- peal this ill-conceived tax break once am joined by Senators MIKULSKI, DUR- panies that have moved production and for all. BIN, STABENOW, ROCKEFELLER, LEVIN, overseas, companies like Huffy bicycles FEINSTEIN, JOHNSON, HARKIN, FEINGOLD, and Radio Flyer little red wagons to By Mr. DURBIN (for himself, Mr. LEAHY, KOHL, and KENNEDY in intro- China; Samsonite, which went to Mex- SPECTER, Mr. FEINGOLD, and ducing legislation to close an insidious ico and then China; Levi’s, which are Mr. OBAMA): loophole in the U.S. Tax Code that ac- now made all over the world, every- S. 1285. A bill to reform the financing tually rewards U.S. companies that where except in the very country that of Senate elections, and for other pur- move American manufacturing jobs invented them; Maytag, which now poses; to the Committee on Rules and overseas. Some may think this is a be- makes appliances in Mexico and Korea; Administration. lated April Fools’ Day joke; regret- and Fruit of the Loom, which moved to Mr. DURBIN. Mr. President, I ask tably, it is not. Let me explain how Mexico. And I would point out, once unanimous consent that the text of the this perverse tax break for these com- again, that this tax deferral break bill be printed in the RECORD. panies works. given to companies like Radio Flyer or There being no objection, the text of When a U.S. company closes down a formerly to Huffy bicycles is not avail- the bill was ordered to be printed in U.S. manufacturing plant, fires its able to American companies that make the RECORD, as follows: American workers, and moves those the very same products on U.S. main S. 1285 good-paying jobs to China or other lo- streets. Be it enacted by the Senate and House of Rep- cations abroad, U.S. tax laws allow But we have run into stiff opposition resentatives of the United States of America in these firms to defer paying any U.S. in- from many U.S. multinational compa- Congress assembled, come taxes on the earnings from those nies, their lobbyists, and some policy- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. makers who claim our proposal would (a) SHORT TITLE.—This Act may be cited as now foreign-manufactured products the ‘‘Fair Elections Now Act’’. until those profits are returned, if ever, impede the ability of U.S. firms to (b) TABLE OF CONTENTS.—The table of con- to this country. This tax break is not compete and grow in the global econ- tents of this Act is as follows: available to American companies that omy. That is hogwash. This proposal Sec. 1. Short title; table of contents. make the very same products here on does nothing to hinder U.S. multi- TITLE I—FAIR ELECTIONS FINANCING OF American soil. So the U.S. company nationals that produce abroad from SENATE ELECTION CAMPAIGNS that decides to stay at home suffers a competing with foreign firms in foreign Subtitle A—Fair Elections Financing competitive disadvantage, a disadvan- markets. The legislation we are intro- Program tage that our tax laws have helped to ducing today is carefully targeted; it Sec. 101. Findings and declarations. create. Multinational companies ought ends the deferral tax break only where Sec. 102. Eligibility requirements and bene- to pay the same taxes that domestic U.S. multinationals produce goods fits of fair elections financing companies pay. At a minimum, U.S. abroad and ship those products back to of Senate election campaigns. companies that keep their jobs here the U.S. market. In more technical lan- ‘‘TITLE V—FAIR ELECTIONS FINANCING should not be put at a competitive dis- guage, this legislation would end tax OF SENATE ELECTION CAMPAIGNS advantage by Federal tax policy. deferral for the ‘‘imported property’’ ‘‘Sec. 501. Definitions. ‘‘Sec. 502. Senate Fair Elections Fund. The notion that granting large tax income of controlled foreign corpora- ‘‘Sec. 503. Eligibility for allocations breaks to companies that move their tions. The proposal also adds a new from the Fund. manufacturing operations offshore is separate foreign tax credit basket for ‘‘Sec. 504. Seed money contribution re- good for this country is utter nonsense. imported property income. The sepa- quirement.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0655 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5572 CONGRESSIONAL RECORD — SENATE May 3, 2007 ‘‘Sec. 505. Qualifying contribution re- (4) imposing large, unwarranted costs on respect to any candidate, the date that is 180 quirement. taxpayers through legislative and regulatory days before— ‘‘Sec. 506. Contribution and expenditure outcomes shaped by unequal access to law- ‘‘(A) the date of the primary election; or requirements. makers for campaign contributors; ‘‘(B) in the case of a State that does not ‘‘Sec. 507. Debate requirement. (5) driving up the cost of election cam- hold a primary election, the date prescribed ‘‘Sec. 508. Certification by Commission. paigns, making it difficult for qualified can- by State law as the last day to qualify for a ‘‘Sec. 509. Benefits for participating candidates without personal wealth or access to position on the general election ballot. didates. campaign contributions from monied indi- ‘‘(4) FUND.—The term ‘Fund’ means the ‘‘Sec. 510. Allocations from the Fund. viduals and interest groups to mount com- Senate Fair Elections Fund established by ‘‘Sec. 511. Payment of fair fight funds. petitive Senate election campaigns; section 502. ‘‘Sec. 512. Administration of the Senate (6) disadvantaging challengers, because ‘‘(5) IMMEDIATE FAMILY.—The term ‘imme- fair elections system. large campaign contributors tend to donate diate family’ means, with respect to any can- ‘‘Sec. 513. Violations and penalties. their money to incumbent Senators, thus didate— Sec. 103. Reporting requirements for non- causing Senate elections to be less competi- ‘‘(A) the candidate’s spouse; participating candidates. tive; and ‘‘(B) a child, stepchild, parent, grand- Sec. 104. Modification of electioneering com- (7) burdening incumbents with a pre- parent, brother, half-brother, sister, or half- munication reporting require- occupation with fundraising and thus de- sister of the candidate or the candidate’s ments. creasing the time available to carry out spouse; and Sec. 105. Limitation on coordinated expendi- their public responsibilities. ‘‘(C) the spouse of any person described in tures by political party com- (b) ENHANCEMENT OF DEMOCRACY BY PRO- subparagraph (B). mittees with participating can- VIDING ALLOCATIONS FROM THE SENATE FAIR ‘‘(6) INDEPENDENT CANDIDATE.—The term didates. ELECTIONS FUND.—The Senate finds and de- ‘independent candidate’ means a candidate Sec. 106. Audits. clares that providing the option of the re- for Senator who is— Subtitle B—Senate Fair Elections Fund placement of private campaign contributions ‘‘(A) not affiliated with any political party; Revenues with allocations from the Senate Fair Elec- or tions Fund for all primary, runoff, and gen- Sec. 111. Deposit of proceeds from recovered ‘‘(B) affiliated with a political party that— eral elections to the Senate would enhance spectrum auctions. ‘‘(i) in the case of a candidate in a State American democracy by— that holds a primary election for Senator, Subtitle C—Fair Elections Review (1) eliminating the potentially inherent does not hold a primary election for Senator; Commission conflict of interest created by the private fi- or Sec. 121. Establishment of Commission. nancing of the election campaigns of public ‘‘(ii) in the case of a candidate in a State Sec. 122. Structure and membership of the officials, thus restoring public confidence in that does not hold primary election for Sen- commission. the integrity and fairness of the electoral ator, does not have ballot status in such Sec. 123. Powers of the Commission. and legislative processes; State. Sec. 124. Administration. (2) increasing the public’s confidence in the ‘‘(7) MAJOR PARTY CANDIDATE.— Sec. 125. Authorization of appropriations. accountability of Senators to the constitu- ‘‘(A) IN GENERAL.—The term ‘major party Sec. 126. Expedited consideration of Com- ents who elect them; candidate’ means a candidate for Senator mission recommendations. (3) helping to eliminate access to wealth as who is affiliated with a major political TITLE II—VOTER INFORMATION a determinant of a citizen’s influence within party. Sec. 201. Broadcasts relating to candidates. the political process and to restore meaning ‘‘(B) MAJOR POLITICAL PARTY.—The term Sec. 202. Political advertisement vouchers to the principle of ‘‘one person, one vote’’; ‘major political party’ means, with respect for participating candidates. (4) reversing the escalating cost of elec- to any State, a political party of which a Sec. 203. FCC to prescribe standardized form tions and saving taxpayers billions of dollars candidate for the office of Senator, Presi- for reporting candidate cam- that are (or that are perceived to be) cur- dent, or Governor in the preceding 5 years, paign ads. rently allocated based upon legislative and received, as a candidate of that party in such Sec. 204. Limit on Congressional use of the regulatory agendas skewed by the influence State, 25 percent or more of the total num- franking privilege. of campaign contributions; ber of popular votes cast for such office in (5) creating a more level playing field for such State. TITLE III—RESPONSIBILITIES OF THE incumbents and challengers by creating gen- ‘‘(8) MINOR PARTY CANDIDATE.—The term FEDERAL ELECTION COMMISSION uine opportunities for all Americans to run ‘minor party candidate’ means a candidate Sec. 301. Petition for certiorari. for the Senate and by encouraging more for Senator who is affiliated with a political Sec. 302. Filing by Senate candidates with competitive elections; and party that— Commission. (6) freeing Senators from the incessant pre- ‘‘(A) holds a primary for Senate nomina- Sec. 303. Electronic filing of FEC reports. occupation with raising money, and allowing tions; and TITLE IV—MISCELLANEOUS PROVISIONS them more time to carry out their public re- ‘‘(B) is not a major political party. Sec. 401. Severability. sponsibilities. ‘‘(9) NONPARTICIPATING CANDIDATE.—The Sec. 402. Review of constitutional issues. SEC. 102. ELIGIBILITY REQUIREMENTS AND BEN- term ‘nonparticipating candidate’ means a Sec. 403. Effective date. EFITS OF FAIR ELECTIONS FINANC- candidate for Senator who is not a partici- ING OF SENATE ELECTION CAM- pating candidate. TITLE I—FAIR ELECTIONS FINANCING OF PAIGNS. ‘‘(10) PARTICIPATING CANDIDATE.—The term SENATE ELECTION CAMPAIGNS The Federal Election Campaign Act of 1971 ‘participating candidate’ means a candidate Subtitle A—Fair Elections Financing (2 U.S.C. 431 et seq.) is amended by adding at for Senator who is certified under section 508 Program the end the following: as being eligible to receive an allocation SEC. 101. FINDINGS AND DECLARATIONS. ‘‘TITLE V—FAIR ELECTIONS FINANCING from the Fund. (a) UNDERMINING OF DEMOCRACY BY CAM- OF SENATE ELECTION CAMPAIGNS ‘‘(11) QUALIFYING CONTRIBUTION.—The term PAIGN CONTRIBUTIONS FROM PRIVATE ‘‘SEC. 501. DEFINITIONS. ‘qualifying contribution’ means, with respect SOURCES.—The Senate finds and declares ‘‘In this title: to a candidate, a contribution that— that the current system of privately fi- ‘‘(1) ALLOCATION FROM THE FUND.—The term ‘‘(A) is in the amount of $5 exactly; nanced campaigns for election to the United ‘allocation from the Fund’ means an alloca- ‘‘(B) is made by an individual who— States Senate has the capacity, and is often tion of money from the Senate Fair Elec- ‘‘(i) is a resident of the State with respect perceived by the public, to undermine de- tions Fund to a participating candidate pur- to which the candidate is seeking election; mocracy in the United States by— suant to sections 510 and 511. and (1) creating a conflict of interest, perceived ‘‘(2) FAIR ELECTIONS QUALIFYING PERIOD.— ‘‘(ii) is not prohibited from making a con- or real, by encouraging Senators to accept The term ‘fair elections qualifying period’ tribution under this Act; large campaign contributions from private means, with respect to any candidate for ‘‘(C) is made during the fair elections interests that are directly affected by Fed- Senator, the period— qualifying period; and eral legislation; ‘‘(A) beginning on the date on which the ‘‘(D) meets the requirements of section (2) diminishing or giving the appearance of candidate files a statement of intent under 505(c). diminishing a Senator’s accountability to section 503(a)(1); and ‘‘(12) SEED MONEY CONTRIBUTION.—The term constituents by compelling legislators to be ‘‘(B) ending on the date that is 30 days be- ‘seed money contribution’ means a contribu- accountable to the major contributors who fore— tion or contributions by any 1 individual— finance their election campaigns; ‘‘(i) the date of the primary election; or ‘‘(A) aggregating not more than $100; and (3) violating the democratic principle of ‘‘(ii) in the case of a State that does not ‘‘(B) made to a candidate after the date of ‘‘one person, one vote’’ and diminishing the hold a primary election, the date prescribed the most recent previous election for the of- meaning of the right to vote by allowing by State law as the last day to qualify for a fice which the candidate is seeking and be- monied interests to have a disproportionate position on the general election ballot. fore the date the candidate has been certified and unfair influence within the political ‘‘(3) FAIR ELECTIONS START DATE.—The as a participating candidate under section process; term ‘fair elections start date’ means, with 508(a).

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5573 ‘‘SEC. 502. SENATE FAIR ELECTIONS FUND. election unless the candidate’s party nomi- ‘‘(3) shall be accompanied by a signed ‘‘(a) ESTABLISHMENT.—There is established nated the candidate to be placed on the bal- statement containing— in the Treasury a fund to be known as the lot for the general election or the candidate ‘‘(A) the contributor’s name and home ad- ‘Senate Fair Elections Fund’. qualified to be placed on the ballot as an dress; ‘‘(b) AMOUNTS HELD BY FUND.—The Fund independent candidate, and the candidate is ‘‘(B) an oath declaring that the contrib- shall consist of the following amounts: qualified under State law to be on the ballot. utor— ‘‘(1) PROCEEDS FROM RECOVERED SPEC- ‘‘SEC. 504. SEED MONEY CONTRIBUTION RE- ‘‘(i) is a resident of the State in which the TRUM.—Proceeds deposited into the Fund QUIREMENT. candidate with respect to whom the con- under section 309(j)(8)(E)(ii)(II) of the Com- ‘‘A candidate for Senator meets the seed tribution is made is running for election; munications Act of 1934. money contribution requirements of this sec- ‘‘(ii) understands that the purpose of the ‘‘(2) EXCESS SPECTRUM USER FEES.— tion if the candidate meets the following re- qualifying contribution is to show support Amounts deposited in the Fund under sec- quirements: for the candidate so that the candidate may tion 315A(f)(2)(B)(ii) of the Communications ‘‘(1) SEPARATE ACCOUNTING.—The candidate qualify for public financing; Act of 1934. maintains seed money contributions in a ‘‘(iii) is making the contribution in his or ‘‘(3) VOLUNTARY CONTRIBUTIONS.—Vol- separate account. her own name and from his or her own funds; untary contributions to the fund. ‘‘(2) LIMITATION ON AMOUNT.—The candidate ‘‘(iv) has made the contribution willingly; ‘‘(4) QUALIFYING CONTRIBUTIONS, PENALTIES, deposits into the Senate Fair Elections Fund and AND OTHER DEPOSITS.—Amounts deposited or returns to donors an amount equal to the ‘‘(v) has not received any thing of value in into the Fund under— amount of any seed money contributions return for the contribution; and ‘‘(A) section 504(2) (relating to limitation which, in the aggregate, exceed the sum of— ‘‘(4) shall be acknowledged by a receipt on amount of seed money); ‘‘(A) in the case of an independent can- that is sent to the contributor with a copy ‘‘(B) section 505(d) (relating to deposit of didate, the amount which the candidate kept by the candidate for the Commission qualifying contributions); would be entitled to under section 510(c)(3); and a copy kept by the candidate for the ‘‘(C) section 506(c) (relating to exceptions and election authorities in the State with re- to contribution requirements); ‘‘(B) in the case of any other candidate, the spect to which the candidate is seeking elec- ‘‘(D) section 509(c) (relating to remittance amount which the candidate would be enti- tion. ‘‘(d) DEPOSIT OF QUALIFYING CONTRIBU- of allocations from the Fund); tled to under section 510(c)(1). ‘‘(E) section 513 (relating to violations); TIONS.— ‘‘(3) USE OF SEED MONEY.—The candidate and ‘‘(1) IN GENERAL.—Not later than 21 days makes expenditures from seed money con- after obtaining a qualifying contribution, a ‘‘(F) any other section of this Act. tributions only for campaign-related costs. ‘‘(5) INVESTMENT RETURNS.—Interest on, candidate shall— ‘‘(4) RECORDS.—The candidate maintains a ‘‘(A) deposit such contribution into the and the proceeds from, the sale or redemp- record of the name and street address of any tion of, any obligations held by the Fund Senate Fair Elections Fund, and contributor of a seed money contribution ‘‘(B) remit to the Commission a copy of the under subsection (c). and the amount of any such contribution. ‘‘(c) INVESTMENT.—The Commission shall receipt for such contribution. ‘‘(5) REPORT.—Unless a seed money con- invest portions of the Fund in obligations of ‘‘(2) DEPOSIT OF CONTRIBUTIONS AFTER CER- tribution or an expenditure made with a seed the United States in the same manner as TIFICATION.—Notwithstanding paragraph (1), money contribution has been reported pre- provided under section 9602(b) of the Internal all qualifying contributions obtained by a viously under section 304, the candidate files Revenue Code of 1986. candidate shall be deposited into the Senate with the Commission a report disclosing all ‘‘(d) USE OF FUND.— Fair Elections Fund and all copies of re- seed money contributions and expenditures ‘‘(1) IN GENERAL.—The sums in the Senate ceipts for such contributions shall be remit- Fair Elections Fund shall be used to make not later than 48 hours after receiving notifi- ted to the Commission not later than— allocations to participating candidates in ac- cation of the determination with respect to ‘‘(A) in the case of a candidate who is de- cordance with sections 510 and 511. the certification of the candidate under sec- nied certification under section 508, 3 days tion 508. ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula- after receiving a notice of denial of certifi- tions established by the Commission, rules ‘‘SEC. 505. QUALIFYING CONTRIBUTION REQUIRE- cation under section 508(a)(2); and similar to the rules of section 9006(c) of the MENT. ‘‘(B) in any other case, not later than the Internal Revenue Code shall apply. ‘‘(a) IN GENERAL.—A candidate for Senator last day of the fair elections qualifying pe- ‘‘SEC. 503. ELIGIBILITY FOR ALLOCATIONS FROM meets the requirement of this section if, dur- riod. THE FUND. ing the fair elections qualifying period, the ‘‘(e) VERIFICATION OF QUALIFYING CONTRIBU- ‘‘(a) IN GENERAL.—A candidate for Senator candidate obtains a number of qualifying TIONS.—The Commission shall establish pro- is eligible to receive an allocation from the contributions equal to the sum of— cedures for the auditing and verification of Fund for any election if the candidate meets ‘‘(1) 2,000; plus qualifying contributions to ensure that such the following requirements: ‘‘(2) 500 for each congressional district in contributions meet the requirements of this ‘‘(1) The candidate files with the Commis- excess of 1 in the State with respect to which section. Such procedures may provide for sion a statement of intent to seek certifi- the candidate is seeking election. verification through the means of a postcard cation as a participating candidate under ‘‘(b) SPECIAL RULE FOR CERTAIN CAN- or other method, as determined by the Com- this title during the period beginning on the DIDATES.— mission. fair elections start date and ending on the ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘SEC. 506. CONTRIBUTION AND EXPENDITURE last day of the fair elections qualifying pe- section (a), in the case of a candidate de- REQUIREMENTS. ‘‘(a) GENERAL RULE.—A candidate for Sen- riod. scribed in paragraph (2), the requirement of ator meets the requirements of this section ‘‘(2) The candidate has complied with the this section is met if, during the fair elec- if, during the election cycle of the candidate, seed money contribution requirements of tions qualifying period, the candidate ob- the candidate— section 504. tains a number of qualifying contributions equal to 150 percent of the number of quali- ‘‘(1) except as provided in subsection (b), ‘‘(3) The candidate meets the qualifying accepts no contributions other than— fying contributions that such candidate contribution requirements of section 505. ‘‘(A) seed money contributions; would be required to obtain without regard ‘‘(4) Not later than the last day of the fair ‘‘(B) qualifying contributions made pay- to this subsection. elections qualifying period, the candidate able to the Senate Fair Elections Fund; ‘‘(2) CANDIDATE DESCRIBED.—A candidate is files with the Commission an affidavit signed ‘‘(C) allocations from the Senate Fair Elec- described in this paragraph if— by the candidate and the treasurer of the tions Fund under sections 510 and 511; and ‘‘(A) the candidate is a minor party can- candidate’s principal campaign committee ‘‘(D) vouchers provided to the candidate didate or an independent candidate; and declaring that the candidate— under section 315A of the Communications ‘‘(B) in the most recent general election in- ‘‘(A) has complied and, if certified, will Act of 1934; volving the office of Senator, President, or comply with the contribution and expendi- ‘‘(2) makes no expenditures from any Governor in the State in which the candidate ture requirements of section 506; amounts other than from— ‘‘(B) if certified, will comply with the de- is seeking office, the candidate and all can- ‘‘(A) amounts received from seed money bate requirements of section 507; didates of the same political party as such contributions; ‘‘(C) if certified, will not run as a non- candidate received less than 5 percent of the ‘‘(B) amounts received from the Senate participating candidate during such year in total number of votes cast for each such of- Fair Elections Fund; and any election for the office that such can- fice. ‘‘(C) vouchers provided to the candidate didate is seeking; and ‘‘(c) REQUIREMENTS RELATING TO RECEIPT under section 315A of the Communications ‘‘(D) has either qualified or will take steps OF QUALIFYING CONTRIBUTION.—Each quali- Act of 1934; and to qualify under State law to be on the bal- fying contribution— ‘‘(3) makes no expenditures from personal lot. ‘‘(1) may be made by means of a personal funds or the funds of any immediate family ‘‘(b) GENERAL ELECTION.—Notwithstanding check, money order, debit card, or credit member (other than funds received through subsection (a), a candidate shall not be eligi- card; seed money contributions). ble to receive an allocation from the Fund ‘‘(2) shall be payable to the Senate Fair For purposes of this subsection, a payment for a general election or a general run off Elections Fund; made by a political party in coordination

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with a participating candidate shall not be ‘‘(2) REPAYMENT OF BENEFITS.—If certifi- ‘‘(C) REDUCTION FOR EXCESS SEED MONEY.— treated as a contribution to or as an expendi- cation is revoked under paragraph (1), the An allocation from the Fund for any can- ture made by the participating candidate. candidate shall repay— didate under this paragraph shall be reduced ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, ‘‘(A) to the Senate Fair Elections Fund an by an amount equal to the aggregate amount ETC.—A political committee of a partici- amount equal to the value of benefits re- of seed money contributions received by the pating candidate which is not an authorized ceived under this title plus interest (at a candidate in excess of the sum of— committee of such candidate may accept rate determined by the Commission) on any ‘‘(i) $75,000; plus contributions other than contributions de- such amount received; and ‘‘(ii) $7,500 for each congressional district scribed in subsection (a)(1) from any person ‘‘(B) to Federal Communications Commis- in excess of 1 in the State with respect to if— sion an amount equal to the amount of the which the candidate is seeking election. ‘‘(1) the aggregate contributions from such dollar value of vouchers which were received ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA- person for any for a calendar year do not ex- from the Federal Communications Commis- TION.—The Commission shall make an allo- ceed $100; and sion under section 315A of the Communica- cation from the Fund for a primary runoff ‘‘(2) no portion of such contributions is dis- tions Act of 1934 and used by the candidate. election to a participating candidate in an bursed in connection with the campaign of ‘‘SEC. 509. BENEFITS FOR PARTICIPATING CAN- amount equal to 25 percent of the amount the participating candidate. DIDATES. the participating candidate was eligible to ‘‘(c) EXCEPTION.— ‘‘(a) IN GENERAL.—A participating can- receive under this section for the primary ‘‘(1) IN GENERAL.—Notwithstanding sub- didate shall be entitled to— election. section (a), a candidate shall not be treated ‘‘(1) for each election with respect to which ‘‘(3) GENERAL ELECTION ALLOCATION.— as having failed to meet the requirements of a candidate is certified as a participating ‘‘(A) IN GENERAL.—Except as provided in this section if any contributions accepted be- candidate— subparagraph (B), the Commission shall fore the date the candidate files a statement ‘‘(A) an allocation from the Fund to make make an allocation from the Fund for a gen- of intent under section 503(a)(1) are not ex- or obligate to make expenditures with re- eral election to a participating candidate in pended and are— spect to such election, as provided in section an amount equal to the base amount with re- ‘‘(A) returned to the contributor; or 510; spect to such candidate. ‘‘(B) submitted to the Federal Election ‘‘(B) fair fight funds, as provided in section ‘‘(B) UNCONTESTED ELECTIONS.— Commission for deposit in the Senate Fair 511; and ‘‘(i) IN GENERAL.—The Commission shall Elections Fund. ‘‘(2) for the general election, vouchers for make an allocation from the Fund to a par- ‘‘(2) SPECIAL RULE FOR SEED MONEY CON- broadcasts of political advertisements, as ticipating candidate for a general election TRIBUTIONS AND CONTRIBUTIONS FOR LEADER- provided in section 315A of the Communica- that is uncontested in an amount equal to 25 SHIP PACS.—For purposes of paragraph (1), a tions Act of 1934 (47 U.S.C. 315A). percent of the base amount with respect to candidate shall not be required to return, do- ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS such candidate. nate, or submit any portion of the aggregate FROM THE FUND.—Allocations from the Fund ‘‘(ii) UNCONTESTED ELECTIONS.—For pur- amount of contributions from any person received by a participating candidate under poses of this subparagraph, an election is which is $100 or less to the extent that such sections 510 and 511 may only be used for uncontested if not more than 1 candidate has contribution— campaign-related costs. received contributions (including payments ‘‘(A) otherwise qualifies as a seed money ‘‘(c) REMITTING ALLOCATIONS FROM THE from the Senate Fair Elections Fund) in an contribution; or FUND.—Not later than the date that is 45 amount equal to or greater than the lesser ‘‘(B) otherwise meets the requirements of days after the date of the election, a partici- of— subsection (b). pating candidate shall remit to the Commis- ‘‘(I) the amount in effect for a candidate in ‘‘(3) SPECIAL RULE FOR CONTRIBUTIONS BE- sion for deposit in the Senate Fair Elections such election under paragraph (1)(C), or FORE THE DATE OF ENACTMENT OF THIS Fund any unspent amounts paid to such can- ‘‘(II) an amount equal to 50 percent of the TITLE.—Notwithstanding subsection (a), a didate under this title for such election. base amount with respect to such candidate. candidate shall not be treated as having ‘‘SEC. 510. ALLOCATIONS FROM THE FUND. ‘‘(C) REDUCTION FOR EXCESS SEED MONEY.— failed to meet the requirements of this sec- ‘‘(a) IN GENERAL.—The Commission shall The allocation from the Fund for the general tion if any contributions accepted before the make allocations from the Fund under sec- election for any participating candidate in a date of the enactment of this title are not tion 509(a)(1)(A) to a participating can- State that does not hold a primary election expended and are— didate— shall be reduced by an amount equal to the ‘‘(A) returned to the contributor; ‘‘(1) in the case of amounts provided under aggregate amount of seed money contribu- ‘‘(B) donated to an organization described subsection (c)(1), not later than 48 hours tions received by the candidate in excess of in section 170(c) of the Internal Revenue after the date on which such candidate is the sum of— Code of 1986; certified as a participating candidate under ‘‘(i) $75,000; plus ‘‘(C) donated to a political party; section 508; ‘‘(ii) $7,500 for each congressional district ‘‘(D) used to retire campaign debt; or ‘‘(2) in the case of a general election, not in excess of 1 in the State with respect to ‘‘(E) submitted to the Federal Election later than 48 hours after— which the candidate is seeking election. Commission for deposit in the Senate Fair ‘‘(A) the date the certification of the re- ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA- Elections Fund. sults of the primary election or the primary TION.—The Commission shall make an allo- ‘‘SEC. 507. DEBATE REQUIREMENT. runoff election; or cation from the Fund for a general runoff ‘‘A candidate for Senator meets the re- ‘‘(B) in any case in which there is no pri- election to a participating candidate in an quirements of this section if the candidate mary election, the date the candidate quali- amount equal to 25 percent of the base participates in at least— fies to be placed on the ballot; and amount with respect to such candidate. ‘‘(1) 1 public debate before the primary ‘‘(3) in the case of a primary runoff elec- ‘‘(d) BASE AMOUNT.— election with other participating candidates tion or a general runoff election, not later ‘‘(1) IN GENERAL.—Except as otherwise pro- and other willing candidates from the same than 48 hours after the certification of the vided in this subsection, the base amount for party and seeking the same nomination as results of the primary election or the general any candidate is an amount equal to the sum such candidate; and election, as the case may be. of— ‘‘(2) 2 public debates before the general ‘‘(b) METHOD OF PAYMENT.—The Commis- ‘‘(A) $750,000; plus election with other participating candidates sion shall distribute funds available to par- ‘‘(B) $150,000 for each congressional district and other willing candidates seeking the ticipating candidates under this section in excess of 1 in the State with respect to same office as such candidate. through the use of an electronic funds ex- which the candidate is seeking election. ‘‘SEC. 508. CERTIFICATION BY COMMISSION. change or a debit card. ‘‘(2) MINOR PARTY AND INDEPENDENT CAN- ‘‘(a) IN GENERAL.—Not later than 5 days ‘‘(c) AMOUNTS.— DIDATES.— after a candidate for Senator files an affi- ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL ‘‘(A) REDUCED AMOUNT FOR CERTAIN CAN- davit under section 503(a)(4), the Commission ALLOCATION.— DIDATES.— shall— ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) IN GENERAL.—In the case of a minor ‘‘(1) certify whether or not the candidate is subparagraphs (B), the Commission shall party candidate or independent candidate de- a participating candidate; and make an allocation from the Fund for a pri- scribed clause (ii), the base amount is an ‘‘(2) notify the candidate of the Commis- mary election to a participating candidate in amount equal to the product of— sion’s determination. an amount equal to 67 percent of the base ‘‘(I) a fraction the numerator of which is ‘‘(b) REVOCATION OF CERTIFICATION.— amount with respect to such participating the highest percentage of the vote received ‘‘(1) IN GENERAL.—The Commission may re- candidate. by the candidate or a candidate of the same voke a certification under subsection (a) if— ‘‘(B) INDEPENDENT CANDIDATES.—In the case political party as such candidate in the elec- ‘‘(A) a candidate fails to qualify to appear of a participating candidate who is an inde- tion described in clause (ii) and the denomi- on the ballot at any time after the date of pendent candidate, the Commission shall nator of which is 25 percent; and certification; or make an initial allocation from the Fund in ‘‘(II) the amount that would (but for this ‘‘(B) a candidate otherwise fails to comply an amount equal to 25 percent of the base paragraph) be the base amount for the can- with the requirements of this title. amount with respect to such candidate. didate under paragraph (1).

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‘‘(ii) CANDIDATE DESCRIBED.—A candidate is ‘‘(B) TIME FOR MAKING DETERMINATION.—In section 510(c) for the relevant opposing can- described in this clause if, in the most recent the case of any such request, the Commis- didate for such election; general election involving the office of Sen- sion shall make such determination and no- ‘‘(ii) the sum of— ator, President, or Governor in the State in tify the participating candidate of such de- ‘‘(I) the amount of independent expendi- which the candidate is seeking office— termination not later than— tures made advocating the election of such ‘‘(I) such candidate, or any candidate of ‘‘(i) 24 hours after receiving such request relevant opposing candidate; plus the same political party as such candidate, during the 3-week period ending on the date ‘‘(II) the amount of disbursements for elec- received 5 percent or more of the total num- of the election, and tioneering communications which promote ber of votes cast for any such office; and ‘‘(ii) 48 hours after receiving such request or support such relevant opposing candidate; ‘‘(II) such candidate and all candidates of at any other time. plus the same political party as such candidate ‘‘(b) PAYMENTS.— ‘‘(iii) the sum of— received less than 25 percent of the total ‘‘(1) IN GENERAL.—The Commission shall ‘‘(I) the amount of independent expendi- number of votes cast for each such office. make available to the participating can- tures made advocating the defeat of such ‘‘(B) EXCEPTION.—Subparagraph (A) shall didate fair fight funds in an amount equal to participating candidate; plus not apply to any candidate if such candidate the amount of opposing funds that is in ex- ‘‘(II) the amount of disbursements for elec- receives a number of qualifying contribu- cess of the applicable amount— tioneering communications which attack or tions which is greater than 150 percent of the ‘‘(A) immediately after making any deter- oppose such participating candidate. number of qualifying contributions such can- mination under subsection (a) with respect ‘‘(2) RELEVANT OPPOSING CANDIDATE.—The didate is required to receive in order to meet to any participating candidate during the 3- term ‘relevant opposing candidate’ means, the requirements of section 505(a). week period ending on the date of the elec- with respect to any participating candidate, ‘‘(3) INDEXING.—In each odd-numbered year tion, and the opposing candidate of such participating after 2010— ‘‘(B) not later than 24 hours after making candidate with respect to whom the amount ‘‘(A) each dollar amount under paragraph such determination at any other time. under paragraph (1) is the greatest. ‘‘(2) APPLICABLE AMOUNT.—For purposes of (1) shall be increased by the percent dif- ‘‘(3) ELECTIONEERING COMMUNICATION.—The ference between the price index (as defined this section, the applicable amount is an term ‘electioneering communication’ has the in section 315(c)(2)(A)) for the 12 months pre- amount equal to the sum of— meaning given such term under section ceding the beginning of such calendar year ‘‘(A) the sum of— 304(f)(3), except that subparagraph and the price index for calendar year 2008; ‘‘(i) the amount of seed money contribu- (A)(i)(II)(aa) thereof shall be applied by sub- ‘‘(B) each dollar amount so increased shall tion received by the participating candidate; stituting ‘30’ for ‘60’. remain in effect for the 2-year period begin- ‘‘(ii) in the case of a general election, the value of any vouchers received by the can- ‘‘SEC. 512. ADMINISTRATION OF THE SENATE ning on the first day following the date of FAIR ELECTIONS SYSTEM. the last general election in the year pre- didate under section 315A of the Communica- ‘‘(a) REGULATIONS.—The Commission shall ceding the year in which the amount is in- tions Act of 1934; plus prescribe regulations to carry out the pur- creased and ending on the date of the next ‘‘(iii)(I) in the case of a participating can- poses of this title, including regulations— general election; and didate who is a minor party candidate run- ‘‘(1) to establish procedures for— ‘‘(C) if any amount after adjustment under ning in a general election or an independent ‘‘(A) verifying the amount of valid quali- subparagraph (A) is not a multiple of $100, candidate, the allocation from the Fund fying contributions with respect to a can- such amount shall be rounded to the nearest which would have been provided to such candidate; multiple of $100. didate for such election if such candidate ‘‘(B) effectively and efficiently monitoring ‘‘(4) ADJUSTMENT BY MEDIA MARKET.— were a major party candidate; or and enforcing the limits on the use of per- ‘‘(A) IN GENERAL.—The Commission, in con- ‘‘(II) in the case of any other participating sultation with the Federal Communications candidate, an amount equal to the allocation sonal funds by participating candidates; Commission, shall establish an index reflect- from the Fund to such candidate for such ‘‘(C) the expedited payment of fair fight ing the costs of the media markets in each election under section 510(c); funds during the 3-week period ending on the State. ‘‘(B) the sum of— date of the election; ‘‘(B) ADJUSTMENT.—At the beginning of ‘‘(i) the amount of independent expendi- ‘‘(D) monitoring the use of allocations each year, the Commission shall increase the tures made advocating the election of the from the Fund under this title through au- amount under paragraph (1) (after applica- participating candidate; plus dits or other mechanisms; and tion of paragraph (3)) based on the index es- ‘‘(ii) the amount of disbursements for elec- ‘‘(E) returning unspent disbursements and tablished under subparagraph (A). tioneering communications which promote disposing of assets purchased with alloca- ‘‘SEC. 511. PAYMENT OF FAIR FIGHT FUNDS. or support such participating candidate; tions from the Fund; ‘‘(a) DETERMINATION OF RIGHT TO PAY- ‘‘(C) the sum of— ‘‘(2) providing for the administration of the MENT.— ‘‘(i) the amount of independent expendi- provisions of this title with respect to spe- ‘‘(1) IN GENERAL.—The Commission shall, tures made advocating the defeat of the rel- cial elections; on a regular basis, make a determination evant opposing candidate; plus ‘‘(3) pertaining to the replacement of can- on— ‘‘(ii) the amount of disbursements for elec- didates; ‘‘(A) the amount of opposing funds with re- tioneering communications which attack or ‘‘(4) regarding the conduct of debates in a spect to each participating candidate, and oppose the relevant opposing candidate; plus manner consistent with the best practices of ‘‘(B) the applicable amount with respect to ‘‘(D) the amount of fair fight funds pre- States that provide public financing for elec- each participating candidate. viously provided to the participating can- tions; and ‘‘(2) BASIS OF DETERMINATIONS.—The Com- didate under this subsection for the election. ‘‘(5) for attributing expenditures to specific mission shall make determinations under ‘‘(3) LIMITS ON AMOUNT OF PAYMENT.—The elections for the purposes of calculating op- paragraph (1) based on— aggregate of fair fight funds that a partici- posing funds. ‘‘(A) reports filed by the relevant opposing pating candidate receives under this sub- ‘‘(b) OPERATION OF COMMISSION.—The Com- candidate under section 304(a) with respect section for any election shall not exceed 200 mission shall maintain normal business to amounts described in subsection percent of the allocation from the Fund that hours during the weekend immediately be- (c)(1)(A)(i)(I); and the participating candidate receives for such fore any general election for the purposes of ‘‘(B) reports filed by political committees election under section 510(c). administering the provisions of this title, in- under section 304(a) and by other persons ‘‘(c) DEFINITIONS.—For purposes of this sec- cluding the distribution of fair fight funds under section 304(c) with respect to— tion— under section 511. ‘‘(i) opposing funds described in clauses ‘‘(1) OPPOSING FUNDS.— ‘‘(c) REPORTS.—Not later than April 1, 2009, (ii)(I) and (iii)(I) of subsection (c)(1)(A); and ‘‘(A) IN GENERAL.—The term ‘opposing and every 2 years thereafter, the Commission ‘‘(ii) applicable amounts described in sub- funds’ means, with respect to any partici- shall submit to the Senate Committee on paragraphs (B)(i) and (C)(i) of subsection pating candidate for any election, the sum Rules and Administration a report docu- (b)(2). of— menting, evaluating, and making rec- ‘‘(3) REQUESTS FOR DETERMINATION RELAT- ‘‘(i)(I) the greater of the total contribu- ommendations relating to the administra- ING TO CERTAIN ELECTIONEERING COMMUNICA- tions received by the relevant opposing can- tive implementation and enforcement of the TIONS.— didate or the total expenditures made by provisions of this title. ‘‘(A) IN GENERAL.—A participating can- such relevant opposing candidate; or ‘‘SEC. 513. VIOLATIONS AND PENALTIES. didate may request to the Commission to ‘‘(II) in the case of a relevant opposing can- ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CON- make a determination under paragraph (1) didate who is a participating candidate, an TRIBUTION AND EXPENDITURE REQUIRE- with respect to any relevant opposing can- amount equal to the sum of the amount of MENTS.—If a candidate who has been cer- didate with respect to— seed money contributions received by the tified as a participating candidate under sec- ‘‘(i) opposing funds described in clauses relevant opposing candidate, the value of tion 508(a) accepts a contribution or makes (ii)(II) and (iii)(II) of subsection (c)(1)(A); and any vouchers received by the relevant oppos- an expenditure that is prohibited under sec- ‘‘(ii) applicable amounts described in sub- ing candidate for the general election under tion 506, the Commission shall assess a civil paragraphs (B)(ii) and (C)(ii) of subsection section 315A of the Communications Act of penalty against the candidate in an amount (b)(2). 1934, and the allocation from the Fund under that is not more than 3 times the amount of

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Any hours after such contributions are received duct random audits and investigations of not amounts collected under this subsection or such expenditures are made. less than 30 percent of the authorized com- shall be deposited into the Senate Fair Elec- ‘‘(C) CONTENTS OF REPORT.—Each report re- mittees of candidates who are participating tions Fund. quired under this paragraph shall state the candidates (as defined in section 501). ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR total amount of contributions received and ‘‘(B) SELECTION OF SUBJECTS.—The subjects ELECTIONS FUND.— expenditures made or obligated to be made of audits and investigations under this para- ‘‘(1) IN GENERAL.—If the Commission deter- during the period covered by the report. graph shall be selected on the basis of impar- mines that any benefit made available to a ‘‘(3) DEFINITIONS.—For purposes of this sub- tial criteria established by a vote of at least participating candidate under this title was section and section 309(a)(13), the terms ‘non- 4 members of the Commission.’’. not used as provided for in this title or that participating candidate’, ‘participating can- Subtitle B—Senate Fair Elections Fund a participating candidate has violated any of didate’, and ‘allocation from the Fund’ have Revenues the dates for remission of funds contained in the respective meanings given to such terms SEC. 111. DEPOSIT OF PROCEEDS FROM RECOV- this title, the Commission shall so notify the under section 501.’’. ERED SPECTRUM AUCTIONS. candidate and the candidate shall pay to the (b) INCREASED PENALTY FOR FAILURE TO Section 309(j)(8)(E)(ii) of the Communica- Senate Fair Elections Fund an amount equal FILE.—Section 309(a) of the Federal Election tions Act of 1934 (47 U.S.C. 309(j)(8)(E)(ii)) is to— Campaign Act of 1971 (2 U.S.C. 437(g)) is amended— ‘‘(A) the amount of benefits so used or not amended by adding at the end the following (1) by striking ‘‘deposited in’’ and inserting remitted, as appropriate, and new paragraph: the following: ‘‘deposited as follows: ‘‘(B) interest on any such amounts (at a ‘‘(13) INCREASED CIVIL PENALTIES WITH RE- ‘‘(I) 90 percent of such proceeds deposited rate determined by the Commission). SPECT TO REPORTING BY NONPARTICIPATING in’’; and ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any CANDIDATES.—For purposes of paragraphs (5) (2) by adding at the end the following: action by the Commission in accordance and (6), any civil penalty with respect to a ‘‘(II) 10 percent of such proceeds deposited with this subsection shall not preclude en- violation of section 304(i) shall not exceed in the Senate Fair Elections Fund estab- forcement proceedings by the Commission in the greater of— lished under section 502 of the Federal Elec- accordance with section 309(a), including a ‘‘(A) the amount otherwise applicable tion Campaign Act of 1972.’’. without regard to this paragraph; or referral by the Commission to the Attorney Subtitle C—Fair Elections Review ‘‘(B) for each day of the violation, 3 times General in the case of an apparent knowing Commission and willful violation of this title.’’. the amount of the fair fight funds under sec- SEC. 121. ESTABLISHMENT OF COMMISSION. SEC. 103. REPORTING REQUIREMENTS FOR NON- tion 511 that otherwise would have been allocated to the participating candidate but for (a) ESTABLISHMENT.—There is established a PARTICIPATING CANDIDATES. commission to be known as the ‘‘Fair Elec- such violation.’’. (a) IN GENERAL.—Section 304 of the Federal tions Review Commission’’ (hereafter in this Election Campaign Act of 1971 (2 U.S.C. 434) SEC. 104. MODIFICATION OF ELECTIONEERING subtitle referred to as the ‘‘Commission’’). COMMUNICATION REPORTING RE- is amended by adding at the end the fol- (b) DUTIES.— QUIREMENTS. lowing: Paragraph (2) of section 304(f) of the Fed- (1) REVIEW OF FAIR ELECTIONS FINANCING.— ‘‘(i) NONPARTICIPATING CANDIDATES.— eral Election Campaign Act of 1971 (2 U.S.C. (A) IN GENERAL.—After each general elec- ‘‘(1) INITIAL REPORT.— 434(f)(2)) is amended by redesignating sub- tion for Federal office, the Commission shall ‘‘(A) IN GENERAL.—Each nonparticipating paragraphs (E) and (F) as subparagraphs (F) conduct a comprehensive review of the Sen- candidate who is opposed to a participating and (G), respectively, and by inserting after ate fair elections financing program under candidate and who receives contributions or subparagraph (D) the following new subpara- title V of the Federal Election Campaign Act makes expenditures aggregating more than graph: of 1974, including— the threshold amount shall, within 48 hours ‘‘(E) in the case of a communication refer- (i) the number and value of qualifying con- of the date such aggregate contributions or ring to any candidate in an election involv- tributions a candidate is required to obtain expenditures exceed the threshold amount, ing a participating candidate (as defined under section 505 of such Act to qualify for file with the Commission a report stating under section 501(9)), a transcript of the elec- allocations from the Fund; the total amount of contributions received tioneering communication.’’. (ii) the amount of allocations from the and expenditures made or obligated by such Senate Fair Elections Fund that candidates SEC. 105. LIMITATION ON COORDINATED EX- candidate. PENDITURES BY POLITICAL PARTY may receive under sections 510 and 511 of ‘‘(B) THRESHOLD AMOUNT.—For purposes of COMMITTEES WITH PARTICIPATING such Act; this paragraph, the term ‘threshold amount’ CANDIDATES. (iii) the overall satisfaction of partici- means 75 percent of the allocation from the (a) IN GENERAL.—Section 315(d)(3) of the pating candidates with the program; and Fund that a participating candidate would Federal Election Campaign Act of 1971 (2 (iv) such other matters relating to financ- be entitled to receive in such election under U.S.C. 441a(d)) is amended— ing of Senate campaigns as the Commission section 510 if the participating candidate (1) by redesignating subparagraphs (A) and determines are appropriate. were a major party candidate. (B) as subparagraphs (B) and (C), respec- (B) CRITERIA FOR REVIEW.—In conducting ‘‘(2) PERIODIC REPORTS.— tively; and the review under subparagraph (A), the Com- ‘‘(A) IN GENERAL.—In addition to any re- (2) by inserting before subparagraph (B), as mission shall consider the following: ports required under subsection (a), each redesignated by paragraph (1), the following (i) REVIEW OF QUALIFYING CONTRIBUTION RE- nonparticipating candidate who is required new subparagraph: QUIREMENTS.—The Commission shall consider to make a report under paragraph (1) shall ‘‘(A) in the case of a candidate for election whether the number and value of qualifying make the following reports: to the office of Senator who is a partici- contributions required strikes a balance be- ‘‘(i) A report which shall be filed not later pating candidate (as defined in section 501), tween the importance of voter choice and fis- than 5 P.M. on the forty-second day before the lesser of— cal responsibility, taking into consideration the date on which the election involving ‘‘(i) 10 percent of the allocation from the the number of primary and general election such candidate is held and which shall be Senate Elections Fund that the participating participating candidates, the electoral per- complete through the forty-fourth day before candidate is eligible to receive for the gen- formance of those candidates, program cost, such date. eral election under section 510(c)(3); or and any other information the Commission ‘‘(ii) A report which shall be filed not later ‘‘(ii) the amount which would (but for this determines is appropriate. than 5 P.M. on the twenty-first day before subparagraph) apply with respect to such (ii) REVIEW OF PROGRAM ALLOCATIONS.—The the date on which the election involving candidate under subparagraph (B);’’. Commission shall consider whether alloca- such candidate is held and which shall be (b) CONFORMING AMENDMENT.—Subpara- tions from the Senate Elections Fund under complete through the twenty-third day be- graph (B) of section 315(d)(3) of such Act, as sections 510 ad 511 of the Federal Election fore such date. redesignated by subsection (a), is amended Campaign Act of 1974 are sufficient for voters ‘‘(iii) A report which shall be filed not later by inserting ‘‘who is not a participating can- in each State to learn about the candidates than 5 P.M. on the twelfth day before the didate (as so defined)’’ after ‘‘office of Sen- to cast an informed vote, taking into ac- date on which the election involving such ator’’. count the historic amount of spending by candidate is held and which shall be com- SEC. 106. AUDITS. winning candidates, media costs, primary plete through the fourteenth day before such Section 311(b) of the Federal Election Cam- election dates, and any other information date. paign Act of 1971 (2 U.S.C. 438(b)) is amend- the Commission determines is appropriate. ‘‘(B) ADDITIONAL REPORTING WITHIN 2 WEEKS ed— (2) REPORT, RECOMMENDATIONS, AND PRO- OF ELECTION.—Each nonparticipating can- (1) by inserting ‘‘(1)’’ before ‘‘The Commis- POSED LEGISLATIVE LANGUAGE.— didate who is required to make a report sion’’; and (A) REPORT.—Not later than March 30 fol- under paragraph (1) and who receives con- (2) by adding at the end the following: lowing any general election for Federal of- tributions or makes expenditures aggre- ‘‘(2) AUDITS OF PARTICIPATING CAN- fice, the Commission shall submit a report to gating more than $1,000 at any time after the DIDATES.— Congress on the review conducted under fourteenth day before the date of the elec- ‘‘(A) IN GENERAL.—Notwithstanding para- paragraph (1). Such report shall contain a de- tion involving such candidate shall make a graph (1), after every primary, general, and tailed statement of the findings, conclusions, report to the Commission not later than 24 runoff election, the Commission shall con- and recommendations of the Commission

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based on such review, and shall contain any (c) POSTAL SERVICES.—The Commission (2) COMMITTEE CONSIDERATION.— proposed legislative language (as required may use the United States mails in the same (A) REFERRAL.—A Commission bill intro- under subparagraph (C)) of the Commission. manner and under the same conditions as duced in the Senate shall be referred to the (B) FINDINGS, CONCLUSIONS, AND REC- other departments and agencies of the Fed- Committee on Rules and Administration of OMMENDATIONS.—A finding, conclusion, or eral Government. the Senate. recommendation of the Commission shall be (d) GIFTS.—The Commission may accept, (B) REPORTING.—Not later than 60 calendar included in the report under subparagraph use, and dispose of gifts or donations of serv- days after the introduction of the Commis- (A) only if not less than 3 members of the ices or property. sion bill, the Committee on Rules and Ad- Commission voted for such finding, conclu- SEC. 124. ADMINISTRATION. ministration shall hold a hearing on the bill sion, or recommendation. (a) COMPENSATION OF MEMBERS.— and report the bill to the Senate. No amend- (C) LEGISLATIVE LANGUAGE.— (1) IN GENERAL.— ment shall be in order to the bill in the Com- (i) IN GENERAL.—The report under subpara- (A) IN GENERAL.—Each member, other than mittee. graph (A) shall include legislative language the Chairperson, shall be paid at a rate equal (C) DISCHARGE OF COMMITTEE.—If the Com- with respect to any recommendation involv- to the daily equivalent of the minimum an- mittee on Rules and Administration has not ing— nual rate of basic pay prescribed for level IV reported a Commission bill at the end of 60 (I) an increase in the number or value of of the Executive Schedule under section 5315 calendar days after its introduction, such qualifying contributions; or of title 5, United States Code, for each day committee shall be automatically discharged (II) an increase in the amount of alloca- (including travel time) during which such from further consideration of the Commis- tions from the Senate Elections Fund. member is engaged in the performance of the sion bill and it shall be placed on the appro- (ii) FORM.—The legislative language shall duties of the Commission. priate calendar. be in the form of a proposed bill for introduc- (B) CHAIRPERSON.—The Chairperson shall (b) EXPEDITED PROCEDURE.— tion in Congress and shall not include any be paid at a rate equal to the daily equiva- (1) FLOOR CONSIDERATION IN THE SENATE.— recommendation not related to matter de- lent of the minimum annual rate of basic (A) IN GENERAL.—Not later than 60 cal- scribed subclause (I) or (II) of clause (i) pay prescribed for level III of the Executive endar days after the date on which a com- Schedule under section 5314 of title 5, United mittee has reported or has been discharged SEC. 122. STRUCTURE AND MEMBERSHIP OF THE COMMISSION. States Code, for each day (including travel from consideration of a Commission bill, the (a) APPOINTMENT.— time) during which such member is engaged Majority Leader of the Senate, or the Major- (1) IN GENERAL.—The Commission shall be in the performance of the duties of the Com- ity Leader’s designee shall move to proceed composed of 5 members, of whom— mission. to the consideration of the Commission bill. (A) 1 shall be appointed by the Majority (2) TRAVEL EXPENSES.—Members shall re- It shall also be in order for any member of Leader of the Senate; ceive travel expenses, including per diem in the Senate to move to proceed to the consid- (B) 1 shall be appointed by the Minority lieu of subsistence, in accordance with sec- eration of the bill at any time after the con- Leader of the Senate; and tions 5702 and 5703 of title 5, United States clusion of such 60-day period. (C) 3 shall be appointed jointly by the Code, while away from their homes or reg- (B) MOTION TO PROCEED.—A motion to pro- ular places of business in performance of ceed to the consideration of a Commission members appointed under subparagraphs (A) services for the Commission. bill is privileged in the Senate. The motion and (B). (b) PERSONNEL.— is not debatable and is not subject to a mo- (2) QUALIFICATIONS.— (1) DIRECTOR.—The Commission shall have tion to postpone consideration of the Com- (A) IN GENERAL.—The members shall be in- a staff headed by an Executive Director. The mission bill or to proceed to the consider- dividuals who are nonpartisan and, by reason Executive Director shall be paid at a rate ation of other business. A motion to recon- of their education, experience, and attain- equivalent to a rate established for the Sen- sider the vote by which the motion to pro- ments, exceptionally qualified to perform ior Executive Service under section 5382 of ceed is agreed to or not agreed to shall not the duties of members of the Commission. title 5, United States Code. be in order. If the motion to proceed is (B) PROHIBITION.—No member of the Com- (2) STAFF APPOINTMENT.—With the ap- agreed to, the Senate shall immediately pro- mission may be— proval of the Chairperson, the Executive Di- ceed to consideration of the Commission bill (i) a member of Congress; rector may appoint such personnel as the Ex- without intervening motion, order, action, (ii) an employee of the Federal govern- ecutive Director and the Commission deter- or other business, and the Commission bill ment; mines to be appropriate. shall remain the unfinished business of the (iii) a registered lobbyist; or (3) ACTUARIAL EXPERTS AND CONSULTANTS.— Senate until disposed of. (iv) an officer or employee of a political With the approval of the Chairperson, the (C) AMENDMENTS, MOTIONS, AND APPEALS.— party or political campaign. Executive Director may procure temporary No amendment shall be in order in the Sen- (3) DATE.—Members of the Commission and intermittent services under section ate, and any debatable motion or appeal is shall be appointed not later than 60 days 3109(b) of title 5, United States Code. debatable for not to exceed 5 hours to be di- after the date of the enactment of this Act. (4) DETAIL OF GOVERNMENT EMPLOYEES.— vided equally between those favoring and (4) TERMS.—A member of the Commission Upon the request of the Chairperson, the those opposing the motion or appeal. shall be appointed for a term of 5 years. head of any Federal agency may detail, with- (D) LIMITED DEBATE.—Consideration in the (b) VACANCIES.—A vacancy on the Commis- out reimbursement, any of the personnel of Senate of the Commission bill and on all de- sion shall be filled not later than 30 calendar batable motions and appeals in connection days after the date on which the Commission such agency to the Commission to assist in therewith, shall be limited to not more than is given notice of the vacancy, in the same carrying out the duties of the Commission. 40 hours, which shall be equally divided be- manner as the original appointment. The in- Any such detail shall not interrupt or other- tween, and controlled by, the Majority Lead- dividual appointed to fill the vacancy shall wise affect the civil service status or privi- serve only for the unexpired portion of the leges of the Federal employee. er and the Minority Leader of the Senate or term for which the individual’s predecessor (5) OTHER RESOURCES.—The Commission their designees. A motion further to limit was appointed. shall have reasonable access to materials, re- debate on the Commission bill is in order and (c) CHAIRPERSON.—The Commission shall sources, statistical data, and other informa- is not debatable. All time used for consider- designate a Chairperson from among the tion from the Library of Congress and other ation of the Commission bill, including time members of the Commission. agencies and elected representatives of the used for quorum calls (except quorum calls SEC. 123. POWERS OF THE COMMISSION. executive and legislative branches of the immediately preceding a vote), shall come (a) MEETINGS AND HEARINGS.— Federal Government. The Chairperson of the from the 40 hours of consideration. (1) MEETINGS.—The Commission may hold Commission shall make requests for such ac- (E) VOTE ON PASSAGE.— such hearings, sit and act at such times and cess in writing when necessary. (i) IN GENERAL.—The vote on passage in the places, take such testimony, and receive SEC. 125. AUTHORIZATION OF APPROPRIATIONS. Senate of the Commission bill shall occur such evidence as the Commission considers There are authorized to be appropriated immediately following the conclusion of the advisable to carry out the purposes of this such sums as are necessary to carry out the 40-hour period for consideration of the Com- Act. purposes of this subtitle. mission bill under subparagraph (D) and a re- (2) QUORUM.—Four members of the Com- SEC. 126. EXPEDITED CONSIDERATION OF COM- quest to establish the presence of a quorum. mission shall constitute a quorum for pur- MISSION RECOMMENDATIONS. (ii) OTHER MOTIONS NOT IN ORDER.—A mo- poses of voting, but a quorum is not required (a) INTRODUCTION AND COMMITTEE CONSID- tion in the Senate to postpone consideration for members to meet and hold hearings. ERATION.— of the Commission bill, a motion to proceed (b) INFORMATION FROM FEDERAL AGEN- (1) INTRODUCTION.—Not later than 60 days to the consideration of other business, or a CIES.—The Commission may secure directly after the Commission files a report under motion to recommit the Commission bill is from any Federal department or agency such section 121(b), the Majority Leader of the not in order. A motion in the Senate to re- information as the Commission considers Senate, or the Majority Leader’s designee, consider the vote by which the Commission necessary to carry out the provisions of this shall introduce any proposed legislative lan- bill is agreed to or not agreed to is not in Act. Upon request of the Chairperson of the guage submitted by the Commission under order. Commission, the head of such department or section 121(b)(2)(C) in the Senate (hereafter (2) FLOOR CONSIDERATION IN THE HOUSE.— agency shall furnish such information to the in this section referred to as a ‘‘Commission (A) IN GENERAL.—If a Commission bill is Commission. bill’’). agreed to in the Senate, the Majority Leader

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5578 CONGRESSIONAL RECORD — SENATE May 3, 2007 of the House of Representatives, or the Ma- TITLE II—VOTER INFORMATION (3) by striking ‘‘his candidacy’’ and insert- jority Leader’s designee shall move to pro- SEC. 201. BROADCASTS RELATING TO CAN- ing ‘‘the candidacy of the candidate, under ceed to the consideration of the Commission DIDATES. the same terms, conditions, and business bill not later than 30 days after the date the (a) LOWEST UNIT CHARGE; NATIONAL COM- practices as apply to the most favored adver- House or Representatives receives notice of MITTEES.—Section 315(b) of the Communica- tiser of the licensee’’. such agreement. It shall also be in order for tions Act of 1934 (47 U.S.C. 315(b)) is amend- (e) STYLISTIC AMENDMENTS.—Section 315 of any member of the House of Representatives ed— such Act (47 U.S.C. 315) is amended— to move to proceed to the consideration of (1) by striking ‘‘to such office’’ in para- (1) by striking ‘‘the’’ in subsection (f)(1), as the bill at any time after the conclusion of graph (1) and inserting ‘‘to such office, or by redesignated by subsection (b)(1), and inserting ‘‘BROADCASTING STATION.—’’; such 30-day period. a national committee of a political party on (2) by striking ‘‘the’’ in subsection (f)(2), as (B) MOTION TO PROCEED.—A motion to pro- behalf of such candidate in connection with redesignated by subsection (b)(1), and insert- ceed to the consideration of a Commission such campaign,’’; and ing ‘‘LICENSEE; STATION LICENSEE.—’’; and bill is privileged in the House of Representa- (2) by inserting ‘‘for pre-emptible use thereof’’ after ‘‘station’’ in subparagraph (A) (3) by inserting ‘‘REGULATIONS.—’’ in sub- tives. The motion is not debatable and is not section (g), as redesignated by subsection subject to a motion to postpone consider- of paragraph (1). (b) BROADCAST RATES.—Section 315(b) of (b)(1), before ‘‘The Commission’’. ation of the Commission bill or to proceed to SEC. 202. POLITICAL ADVERTISEMENT VOUCH- the consideration of other business. A mo- the Communications Act of 1934 (47 U.S.C. 315(b)), as amended by subsection (a), is ERS FOR PARTICIPATING CAN- tion to reconsider the vote by which the mo- DIDATES. amended— tion to proceed is agreed to or not agreed to (a) IN GENERAL.—Title III of the Commu- (1) in paragraph (1)(A), by striking ‘‘para- shall not be in order. If the motion to pro- nications Act of 1934 (47 U.S.C. 301 et seq.) is graph (2)’’ and inserting ‘‘paragraphs (2) and ceed is agreed to, the House of Representa- amended by inserting after section 315 the (3)’’; and tives shall immediately proceed to consider- following: (2) by adding at the end the following: ation of the Commission bill without inter- ‘‘SEC. 315A. POLITICAL ADVERTISEMENT VOUCH- ‘‘(3) PARTICIPATING CANDIDATES.—In the ER PROGRAM. vening motion, order, action, or other busi- case of a participating candidate (as defined ness, and the Commission bill shall remain ‘‘(a) IN GENERAL.—The Commission shall under section 501(10) of the Federal Election establish and administer a voucher program the unfinished business of the House of Rep- Campaign Act of 1971), the charges made for resentatives until disposed of. for the purchase of airtime on broadcasting the use any broadcasting station for a tele- stations for political advertisements in ac- (C) AMENDMENTS, MOTIONS, AND APPEALS.— vision broadcast shall not exceed 80 percent cordance with the provisions of this section. No amendment shall be in order in the House of the lowest charge described in paragraph ‘‘(b) CANDIDATES.—The Commission shall of Representatives, and any debatable mo- (1)(A) during— only disburse vouchers under the program tion or appeal is debatable for not to exceed ‘‘(A) the 45 days preceding the date of a established under subsection (a) to individ- 5 hours to be divided equally between those primary or primary runoff election in which uals who meet the following requirements: favoring and those opposing the motion or the candidate is opposed; and ‘‘(1) QUALIFICATION.—The individual is cer- appeal. ‘‘(B) the 60 days preceding the date of a tified by the Federal Election Commission as (D) LIMITED DEBATE.—Consideration in the general or special election in which the can- a participating candidate (as defined under House of Representatives of the Commission didate is opposed. section 501(10) of the Federal Election Cam- bill and on all debatable motions and appeals ‘‘(4) RATE CARDS.—A licensee shall provide paign Act of 1971) with respect to a general in connection therewith, shall be limited to to a candidate for Senate a rate card that election for Federal office under section 508 not more than 40 hours, which shall be equal- discloses— of the Federal Election Campaign Act of ly divided between, and controlled by, the ‘‘(A) the rate charged under this sub- 1971. Majority Leader and the Minority Leader of section; and ‘‘(2) AGREEMENT.—The individual has the House of Representatives or their des- ‘‘(B) the method that the licensee uses to agreed in writing— ignees. A motion further to limit debate on determine the rate charged under this sub- ‘‘(A) to keep and furnish to the Federal the Commission bill is in order and is not de- section.’’. Election Commission such records, books, batable. All time used for consideration of (c) PREEMPTION; AUDITS.—Section 315 of and other information as it may require; and the Commission bill, including time used for such Act (47 U.S.C. 315) is amended— ‘‘(B) to repay to the Federal Communica- (1) by redesignating subsections (f) and (g) quorum calls (except quorum calls imme- tions Commission, if the Federal Election as subsections (e) and (f), respectively and diately preceding a vote), shall come from Commission revokes the certification of the moving them to follow the existing sub- the 40 hours of consideration. individual as a participating candidate (as so section (e); defined), an amount equal to the dollar value (E) VOTE ON PASSAGE.— (2) by redesignating the existing subsection of vouchers which were received from the (i) IN GENERAL.—The vote on passage in the (e) as subsection (c); and Commission and used by the candidate. House of Representatives of the Commission (3) by inserting after subsection (c) (as re- ‘‘(c) AMOUNTS.—The Commission shall dis- bill shall occur immediately following the designated by paragraph (2)) the following: burse vouchers to each candidate certified conclusion of the 40-hour period for consider- ‘‘(d) PREEMPTION.— under subsection (b) in an aggregate amount ation of the Commission bill under subpara- ‘‘(1) IN GENERAL.—Except as provided in equal to $100,000 multiplied by the number of graph (D) and a request to establish the pres- paragraph (2), and notwithstanding the re- congressional districts in the State with re- ence of a quorum. quirements of subsection (b)(1)(A), a licensee spect to which such candidate is running for (ii) OTHER MOTIONS NOT IN ORDER.—A mo- shall not preempt the use of a broadcasting office. tion in the House of Representatives to post- station by a legally qualified candidate for ‘‘(d) USE.— pone consideration of the Commission bill, a Senate who has purchased and paid for such ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed motion to proceed to the consideration of use. by the Commission under this section may other business, or a motion to recommit the ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- be used only for the purchase of broadcast Commission bill is not in order. A motion in CENSEE.—If a program to be broadcast by a airtime for political advertisements relating the House of Representatives to reconsider broadcasting station is preempted because of to a general election for the office of Senate the vote by which the Commission bill is circumstances beyond the control of the sta- by the participating candidate to which the agreed to or not agreed to is not in order. tion, any candidate or party advertising spot vouchers were disbursed, except that— scheduled to be broadcast during that pro- ‘‘(A) a candidate may exchange vouchers (c) RULES OF SENATE AND HOUSE OF REP- gram shall be treated in the same fashion as with a political party under paragraph (2); RESENTATIVES.—This section is enacted by a comparable commercial advertising spot. and Congress— ‘‘(e) AUDITS.—During the 45-day period pre- ‘‘(B) a political party may use vouchers (1) as an exercise of the rulemaking power ceding a primary election and the 60-day pe- only to purchase broadcast airtime for polit- of the Senate and House of Representatives, riod preceding a general election, the Com- ical advertisements for generic party adver- respectively, and as such it is deemed a part mission shall conduct such audits as it tising, to support candidates for State or of the rules of each House, respectively, but deems necessary to ensure that each broad- local office in a general election, or to sup- applicable only with respect to the procedure caster to which this section applies is allo- port participating candidates of the party in to be followed in that House in the case of a cating television broadcast advertising time a general election for Federal office, but Commission bill, and it supersedes other in accordance with this section and section only if it discloses the value of the voucher rules only to the extent that it is incon- 312.’’. used as an expenditure under section 315(d) sistent with such rules, and (d) REVOCATION OF LICENSE FOR FAILURE TO of the Federal Election Campaign Act of 1971 (2) with full recognition of the constitu- PERMIT ACCESS.—Section 312(a)(7) of the (2 U.S.C. 441(d)). tional right of either House to change the Communications Act of 1934 (47 U.S.C. ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM- rules (so far as relating to the procedure of 312(a)(7)) is amended— MITTEE.— that House) at any time, in the same man- (1) by striking ‘‘or repeated’’; ‘‘(A) IN GENERAL.—An individual who re- ner, and to the same extent as in the case of (2) by inserting ‘‘or cable system’’ after ceives a voucher under this section may any other rule of that House. ‘‘broadcasting station’’; and transfer the right to use all or a portion of

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the value of the voucher to a committee of ‘‘(A) IN GENERAL.—Except as provided in ‘‘(h) REGULATIONS.—The Commission shall the political party of which the individual is subparagraph (B), for purposes of the Federal prescribe such regulations as may be nec- a candidate in exchange for money in an Election Campaign Act of 1971 (2 U.S.C. 431 essary to carry out the provisions of this sec- amount equal to the cash value of the vouch- et seq.), the use of a voucher to purchase tion. In developing the regulations, the Com- er or portion exchanged. broadcast airtime constitutes an expenditure mission shall consult with the Federal Elec- ‘‘(B) CONTINUATION OF CANDIDATE OBLIGA- as defined in section 301(9)(A) of that Act (2 tion Commission.’’. TIONS.—The transfer of a voucher, in whole U.S.C. 431(9)(A)). SEC. 203. FCC TO PRESCRIBE STANDARDIZED or in part, to a political party committee ‘‘(B) PARTICIPATING CANDIDATES.—The use FORM FOR REPORTING CANDIDATE under this paragraph does not release the of a voucher to purchase broadcast airtime CAMPAIGN ADS. candidate from any obligation under the by a participating candidate shall not con- (a) IN GENERAL.—Within 90 days after the agreement made under subsection (b)(2) or stitute an expenditure for purposes of sec- date of enactment of this Act, the Federal otherwise modify that agreement or its ap- tion 506 of such Act. Communications Commission shall initiate a ‘‘(f) POLITICAL ADVERTISING VOUCHER AC- plication to that candidate. rulemaking proceeding to establish a stand- COUNT.— ‘‘(C) PARTY COMMITTEE OBLIGATIONS.—Any ardized form to be used by broadcasting sta- ‘‘(1) IN GENERAL.—The Commission shall political party committee to which a vouch- tions, as defined in section 315(f)(1) of the er or portion thereof is transferred under establish an account to be known as the Po- Communications Act of 1934 (47 U.S.C. subparagraph (A)— litical Advertising Voucher Account, which 315(f)(1)), to record and report the purchase ‘‘(i) shall account fully, in accordance with shall be credited with commercial television of advertising time by or on behalf of a can- such requirements as the Commission may and radio spectrum use fees assessed under didate for nomination for election, or for establish, for the receipt of the voucher; and this subsection, together with any amounts election, to Federal elective office. ‘‘(ii) may not use the transferred voucher repaid or otherwise reimbursed under this or portion thereof for any purpose other than section or section 508(b)(2)(B) of the Federal (b) CONTENTS.—The form prescribed by the a purpose described in paragraph (1)(B). Election Campaign Act of 1971. Commission under subsection (a) shall re- ‘‘(D) VOUCHER AS A CONTRIBUTION UNDER ‘‘(2) SPECTRUM USE FEE.— quire, broadcasting stations to report, at a FECA.—If a candidate transfers a voucher or ‘‘(A) IN GENERAL.—The Commission shall minimum— any portion thereof to a political party com- assess, and collect annually, from each (1) the station call letters and mailing ad- mittee under subparagraph (A)— broadcast station, a spectrum use fee in an dress; ‘‘(i) the value of the voucher or portion amount equal to 2 percent of each broad- (2) the name and telephone number of the thereof transferred shall be treated as a con- casting station’s gross advertising revenues station’s sales manager (or individual with tribution from the candidate to the com- for such year. responsibility for advertising sales); mittee, and from the committee to the can- ‘‘(B) AVAILABILITY.— (3) the name of the candidate who pur- didate, for purposes of sections 302 and 304 of ‘‘(i) IN GENERAL.—Any amount assessed and chased the advertising time, or on whose be- the Federal Election Campaign Act of 1971 (2 collected under this paragraph shall be used half the advertising time was purchased, and U.S.C. 432 and 434); by the Commission as an offsetting collec- the Federal elective office for which he or ‘‘(ii) the committee may, in exchange, pro- tion for the purposes of making disburse- she is a candidate; vide to the candidate only funds subject to ments under this section, except that— (4) the name, mailing address, and tele- the prohibitions, limitations, and reporting ‘‘(I) the salaries and expenses account of phone number of the person responsible for requirements of the Federal Election Cam- the Commission shall be credited with such purchasing broadcast political advertising paign Act of 1971 (2 U.S.C. 431 et seq.); and sums as are necessary from those amounts for the candidate; ‘‘(iii) the amount, if identified as a ‘vouch- for the costs of developing and implementing (5) notation as to whether the purchase er exchange’ shall not be considered a con- the program established by this section; and agreement for which the information is tribution for the purposes of sections 315 or ‘‘(II) the Commission may reimburse the being reported is a draft or final version; and 506 of that Act. Federal Election Commission for any ex- (6) the following information about the ad- ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— penses incurred by the Commission under vertisement: ‘‘(1) VOUCHER.—Each voucher disbursed by this section. (A) The date and time of the broadcast. the Commission under this section shall ‘‘(ii) DEPOSIT OF EXCESS FEES INTO SENATE (B) The program in which the advertise- have a value in dollars, redeemable upon FAIR ELECTIONS FUND.—If the amount as- ment was broadcast. presentation to the Commission, together sessed and collected under this paragraph for (C) The length of the broadcast airtime. with such documentation and other informa- years in any election period exceeds the (c) INTERNET ACCESS.—In its rulemaking tion as the Commission may require, for the amount necessary for making disbursements under subsection (a), the Commission shall purchase of broadcast airtime for political under this section for such election period, require any broadcasting station required to advertisements in accordance with this sec- the Commission shall deposit such excess in file a report under this section that main- tion. the Senate Fair Elections Fund. tains an Internet website to make available ‘‘(2) ACCEPTANCE.—A broadcasting station ‘‘(C) FEE DOES NOT APPLY TO PUBLIC BROAD- a link to such reports on that website. shall accept vouchers in payment for the CASTING STATIONS.—Subparagraph (A) does purchase of broadcast airtime for political SEC. 204. LIMIT ON CONGRESSIONAL USE OF THE not apply to a public telecommunications FRANKING PRIVILEGE. advertisements in accordance with this sec- entity (as defined in section 397(12) of this (a) IN GENERAL.—Section 3210(a)(6) of title tion. Act). 39, United States Code, is amended by strik- ‘‘(3) REDEMPTION.—The Commission shall ‘‘(3) ADMINISTRATIVE PROVISIONS.—Except ing subparagraph (A) and inserting the fol- redeem vouchers accepted by broadcasting as otherwise provided in this subsection, sec- lowing: stations under paragraph (2) upon presen- tion 9 of this Act applies to the assessment tation, subject to such documentation, and collection of fees under this subsection ‘‘(A)(i) Except as provided in clause (ii), verification, accounting, and application re- to the same extent as if those fees were regu- Member of Congress or a Congressional Com- quirements as the Commission may impose latory fees imposed under section 9. mittee or Subcommittee of which such Mem- to ensure the accuracy and integrity of the ‘‘(g) DEFINITIONS.—In this section: ber is Chairman or Ranking Member shall voucher redemption system. The Commis- ‘‘(1) BROADCASTING STATION.—The term not mail any mass mailing as franked mail sion shall use amounts in the Political Ad- ‘broadcasting station’ has the meaning given during the period which begins 90 days before vertising Voucher Account established under that term by section 315(f)(1) of this Act. date of the primary election and ends on the subsection (f) to redeem vouchers presented ‘‘(2) FEDERAL ELECTION.—The term ‘Federal date of the general election with respect to under this subsection. election’ means any regularly-scheduled, pri- any Federal office which such Member holds, ‘‘(4) EXPIRATION.— mary, runoff, or special election held to unless the Member has made a public an- ‘‘(A) CANDIDATES.—A voucher may only be nominate or elect a candidate to Federal of- nouncement that the Member will not be a used to pay for broadcast airtime for polit- fice. candidate for reelection to such office in ical advertisements to be broadcast before ‘‘(3) FEDERAL OFFICE.—The term ‘Federal that year. midnight on the day before the date of the office’ has the meaning given that term by ‘‘(ii) A Member of Congress or a Congres- Federal election in connection with which it section 301(3) of the Federal Election Cam- sional Committee or Subcommittee of which was issued and shall be null and void for any paign Act of 1971 (2 U.S.C. 431(3)). such Member is Chairman or Ranking Mem- other use or purpose. ‘‘(4) POLITICAL PARTY.—The term ‘political ber may mail a mass mailing as franked mail ‘‘(B) EXCEPTION FOR POLITICAL PARTY COM- party’ means a major party or a minor party if— MITTEES.—A voucher held by a political as defined in section 9002(3) or (4) of the In- ‘‘(I) the purpose of the mailing is to com- party committee may be used to pay for ternal Revenue Code of 1986 (26 U.S.C. 9002(3) municate information about a public meet- broadcast airtime for political advertise- or (4)). ing; and ments to be broadcast before midnight on ‘‘(5) OTHER TERMS.—Except as otherwise ‘‘(II) the content of the mailed matter in- December 31st of the odd-numbered year fol- provided in this section, any term used in cludes only the name of the Member, Com- lowing the year in which the voucher was this section that is defined in section 301 or mittee, or Subcommittee, as appropriate, issued by the Commission. 501 of the Federal Election Campaign of 1971 and the date, time, and place of the public ‘‘(5) VOUCHER AS EXPENDITURE UNDER (2 U.S.C. 431) has the meaning given that meeting.’’. FECA.— term by either such section of that Act. (b) CONFORMING AMENDMENTS.—

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5580 CONGRESSIONAL RECORD — SENATE May 3, 2007 (1) Section 3210(a)(6) of title 39, United introducing this important legislation Mr. KERRY. Mr. President, I am States Code, is amended by striking subpara- with Senators CONRAD, KERRY, BINGA- pleased to join my colleagues Senators graph (B) and by redesignating subpara- MAN and SNOWE. SMITH, CONRAD, SNOWE, and BINGAMAN graphs (C) through (F) as subparagraphs (B) Preparing for retirement and achiev- in introducing the Women’s Retire- through (E), respectively. (2) Section 3210(a)(6)(E) of title 39, United ing financial security are daunting ment Security Act of 2007. This legisla- States Code, as redesignated by paragraph tasks for all Americans; however, tion comes on the heels of the passage (1), is amended by striking ‘‘subparagraphs women face many unique challenges. of the Pension Protection Act of 2006, (A) and (C)’’ and inserting ‘‘subparagraphs Women are more likely to work part- which makes improvements to the de- (A) and (B)’’. time or work in industries where em- fined benefit pension plan system. TITLE III—RESPONSIBILITIES OF THE ployers are less likely to offer retire- The legislation that we are intro- FEDERAL ELECTION COMMISSION ment benefits. And many women have ducing today builds upon that legisla- SEC. 301. PETITION FOR CERTIORARI. significant gaps in their work histories tion and focuses on defined contribu- Section 307(a)(6) of the Federal Election due to caring for children or elderly tion plans. Our pension system has Campaign Act of 1971 (2 U.S.C. 437d(a)(6)) is parents. shifted away from defined benefit plans amended by inserting ‘‘(including a pro- As a result, women receive substan- to defined contribution plans. We ceeding before the Supreme Court on certio- tially less income during retirement should make it easier for employers to rari)’’ after ‘‘appeal’’. than men. What makes this trend even offer defined contribution plans and for SEC. 302. FILING BY SENATE CANDIDATES WITH more disturbing is the fact that women individuals to participate in these COMMISSION. Section 302(g) of the Federal Election Cam- generally live longer. So if anything, plans. paign Act of 1971 (2 U.S.C. 432(g)) is amended women should be entering retirement At a time when we have a negative to read as follows: with more income. savings rate that is the lowest since ‘‘(g) FILING WITH THE COMMISSION.—All des- The Women’s Retirement Security the Great Depression, we should pro- ignations, statements, and reports required Act of 2007 works to narrow the retire- vide appropriate incentives to help in- to be filed under this Act shall be filed with ment income gap between men and dividuals save for retirement. In an ef- the Commission.’’. women. For example, because women fort to achieve this, the Women’s Re- SEC. 303. ELECTRONIC FILING OF FEC REPORTS. are more likely than men to work part- tirement Security Act of 2007 focuses Section 304(a)(11) of the Federal Election time, the bill will require employers to on increasing retirement savings, the Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is allow long-term, part-time employees preservation of income, equity in di- amended— to make elective deferrals to their vorce, improving financial literacy, (1) in subparagraph (A), by striking ‘‘under this Act—’’ and all that follows and inserting 40l(k) plans. In addition, the bill ex- and encouraging small businesses to ‘‘under this Act shall be required to main- pands the Saver’s Credit, which is a tax enter and remain in the employer retain and file such designation, statement, or credit for certain low and moderate-in- tirement plan system. report in electronic form accessible by com- come individuals, so that more Ameri- This legislation increases savings by puters.’’; cans will benefit. allowing employees to contribute a (2) in subparagraph (B), by striking ‘‘48 The bill also creates automatic IRAs. portion of their paycheck to an indi- hours’’ and all that follows through ‘‘filed Over 75 million Americans work for an vidual retirement account (IRA) if electronically)’’ and inserting ‘‘24 hours’’; employer that does not sponsor a re- their employer does not offer a pension and plan. Automatic IRAs will help the 71 (3) by striking subparagraph (D). tirement plan. This is almost half of all working Americans. The Women’s Re- million workers that do not have em- TITLE IV—MISCELLANEOUS PROVISIONS tirement Security Act will allow those ployer-sponsored plans. It is a low-cost, SEC. 401. SEVERABILITY. employees not covered by a qualified sensible solution that provides a step- If any provision of this Act or amendment retirement plan to save for retirement ping stone toward employer-sponsored made by this Act, or the application of a pro- retirement plans. More workers are vision or amendment to any person or cir- through automatic payroll deposits to cumstance, is held to be unconstitutional, IRAs. Under the bill, employers with likely to contribute to an IRA if the the remainder of this Act and amendments more than 10 employees that don’t contribution is deducted from their made by this Act, and the application of the sponsor a retirement plan would be re- payroll. Automatic IRAs will help com- provisions and amendment to any person or quired to offer an option for their em- bat the inertia that is a factor in our circumstance, shall not be affected by the ployees to make regular payroll depos- low savings rate. The bill also provides holding. its to IRAs. This concept is very simi- a tax credit to help small businesses SEC. 402. REVIEW OF CONSTITUTIONAL ISSUES. lar to direct deposit of paychecks to with the cost of implementation. An appeal may be taken directly to the Su- employees’ bank accounts, which many The Pension Protection Act of 2006 preme Court of the United States from any employers already do. increase made the tax credit for con- final judgment, decree, or order issued by Another key component provides in- tributions to qualified pension plans any court ruling on the constitutionality of any provision of this Act or amendment centives for lifetime payments. Since permanent, commonly referred to as made by this Act. women generally live longer than men, the saver’s credit, permanent. Our leg- SEC. 403. EFFECTIVE DATE. they must be particularly concerned islation builds upon this provision by Except as otherwise provided for in this with protecting against the risk of ex- making this credit refundable and Act, this Act and the amendments made by hausting their retirement income. Life making it 50 percent of the contribu- this Act shall take effect on January 1, 2008. annuities help ensure that older Ameri- tion for all eligible taxpayers. The an- cans will not outlive their retirement nual contribution eligible for this cred- By Mr. SMITH (for himself, Mr. savings, adding stability and security it is $2,000. In 2005, five million house- CONRAD, Mr. KERRY, Mr. BINGA- in retirement years. The Women’s Re- holds benefited from this provision. MAN, and Ms. SNOWE): tirement Security Act encourages These changes will help many more S. 1288. A bill to amend the Internal annuitization by allowing individuals benefit from this important credit. Revenue Code of 1986 and the Employee to exclude from taxation a portion of Making the credit refundable will help Retirement Income Security Act of payments from qualified or non- those who are struggling and do not 1974 to increase the retirement security qualified annuities that last a lifetime. have enough income to save. of women and small business owners, I look forward to working with my Women are often placed at a dis- and for other purposes; to the Com- colleagues to narrow the pension gap advantage in our retirement system be- mittee on Finance. between men and women by enacting cause they cycle in and out of the work Mr. SMITH. Mr. President, today I the important reforms in this legisla- force. The Women’s Retirement Secu- am introducing the Women’s Retire- tion. rity Act of 2007 addresses this issue by ment Security Act of 2007. This meas- I ask unanimous consent that a copy requiring employers that offer defined ure has the potential to make a signifi- of this legislation be printed in the contribution plans to cover part-time cantly positive impact on the ability of RECORD. I also ask unanimous consent employees that meet specific require- Americans to save for their retirement that my statement be included in the ments. years. This is a truly bi-partisan bill RECORD next to the bill. Pension coverage needs to improve, and I am pleased to be joined today in Thank you. particularly for small businesses. In

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5581 2004, only 26 percent of workers at For the men and women who have In addition, this bill would take steps firms with fewer than 25 employees served, sacrificed, and suffered for our to ensure that the court, in the long participated in pension plans. Progress Nation, I believe we must take steps to run, is not faced with a difficult transi- has been made on providing coverage ensure that they will receive timely tion like the one it experienced in re- to small businesses. Currently, more decisions on their appeals, not just cent years. By way of background, the than 19 million workers are covered by today but for many years to come. original judges, except for one who small business retirement plans, but That is why I am introducing this bill died, all retired between 2000 and 2005, more than 36 million Americans work to help the court deal with its existing with four of those retirements occur- for firms with less than 25 employees. caseload and to help ensure that, in the ring within a single 12-month period. The Women’s Retirement Security long term, the court will not face such Given the delays inherent in the ap- Act of 2007 provides a start-up credit a devastating combination of events. pointment and confirmation process, for new small business retirement con- As one means of helping with the this left the CAVC without a full com- tributions. In addition, it removes current caseload, the bill would modify plement of active judges for much of rules that discourage small employers the rules that govern the recall of re- that 5-year period. As the Chief Judge from adopting deferral only plans. tired judges. Under current law, a re- testified in 2006, functioning with less I look forward to continuing to work tiring judge may opt to be recall eligi- than seven judges ‘‘led to a backlog’’ of with my colleagues to help improve the ble, which means the judge may be in- cases at the court. retirement of mothers, sisters, daugh- voluntarily called back to work for up Perhaps more significantly, this clusters, and wives. We should work to- to 90 days per year when needed and ter of retirements meant that, as of gether to provide incentives that en- may voluntarily serve up to 180 days August 2005, the court had only one courage participation in retirement per year. For this court, like other judge, the new Chief Judge, who had at plans and remove barriers preventing Federal courts, the option of receiving least 2 years of experience on the employers from offering them. help from retired judges can be an ex- bench. In the words of that Chief Thank you. tremely important resource. In fact, Judge, ‘‘no other Federal court would By Mr. CRAIG: last year, after the court began recall- be faced with the transition that we S. 1289. A bill to amend title 38, ing retired judges to help with its case- were faced with as of August 2005. United States Code, to modify the sal- load, the court’s productivity rose over Where else in the Federal judiciary ary and terms of judges of the United 19 percent in 3 months. system could I, the junior judge . . . States Court of Appeals for Veterans In view of the obvious value of hav- suddenly become the senior judge, and Claims, to modify authorities for the ing experienced retired judges continue have all of the experience of the court recall of retired judges of such court, to decide veterans’ cases and the fact departing?’’ The Chief Judge also and for other purposes; to the Com- that they currently receive the same opined that ‘‘[t]his turnover on the mittee on Veterans’ Affairs. salary as active judges regardless of Court has had great significance, par- Mr. CRAIG. Mr. President, I have how much, if any, service they provide ticularly in the short term, on the sought recognition today to comment in a year, it would be a win-win situa- Court’s case management.’’ on a bill I am introducing to help en- tion for veterans, the court, and tax- The effects of this turnover may have sure the long-term ability of the payers if a retired judge opted to re- been magnified by the fact that this United States Court of Appeals for Vet- turn to the bench more frequently or court deals with a very specialized area erans Claims to promptly dispense jus- for longer periods than current law per- of law, which by all accounts has be- tice in all veterans cases. mits. To allow for that possibility, the come increasingly complex in recent In 1988, Congress created this court bill would eliminate the 180-day cap years. In fact, the Veterans of Foreign to hear appeals from decisions of the and permit a retired judge to volun- Wars of the United States recently de- Department of Veterans Affairs, most tarily serve in recall status as many scribed veterans’ law as ‘‘a complex commonly on veterans’ claims for dis- days during a year as he or she wishes. thicket of court decisions and statu- ability compensation based on injuries Also, because the court may need an tory requirements.’’ or diseases they suffered during serv- unprecedented level of service from re- To further complicate the situation, ice. As was discussed at a hearing I tired judges in the next several years the court experienced a dramatic rise called last year while serving as chair- to help deal with its caseload, the bill in the number of incoming cases in re- man of the Committee on Veterans’ Af- would provide an incentive for the cur- cent years. In fact, in 2005 the court re- fairs, the CAVC is facing some serious rent complement of recall-eligible ceived 37 percent more cases than it challenges, which may impede its abil- judges to provide as much service as had received in any prior year and, ity to consistently provide timely deci- practical during that time. Specifi- then, in 2006 the court received an even sions to our Nation’s veterans. cally, the bill would provide that, once higher level of incoming cases. As I in- In fact, between 2004 and 2006 the a recall-eligible judge has served an ag- dicated earlier, the combined effect of court experienced something akin to a gregate of 5 years of recall service, the these factors led the court to be ‘‘in ‘‘perfect storm.’’ The last four of the judge will no longer be subject to invol- the red’’ for several years, taking in al- original judges, who were appointed untarily recall and will continue to re- most 3,000 more cases than it decided. when the court was created, all retired, ceive the same salary, that of an active Although some factors that have con- taking 60 years of experience with judge. tributed to the court’s challenges can- them; the court’s incoming caseload To put that into perspective, if a re- not be controlled, it seems clear that experienced a dramatic 67-percent in- tired judge were to be recalled for 90 multiple retirements of experienced crease; and the court was left with a days each year, as current law permits, judges within a relatively short period single judge who had at least 2 years of it would take 20 years to provide the of time can have a profound impact on experience deciding these often com- equivalent of 5 years of recall service. the court’s ability to decide veterans’ plex cases. As a consequence, the court In addition to allowing judges to accel- cases. It is worth noting that Congress received 30 percent more cases than it erate their service into fewer years, at previously attempted to stagger the re- decided during that time and the num- a time when it may be most beneficial tirement dates of the judges by tempo- ber of pending cases doubled in less to veterans, this change may also en- rarily expanding the size of the court than 2 years. With over 6,000 cases still courage retired judges to serve in re- and by shortening the length of two pending, almost 4,000 more than a dec- call status for longer periods of time. judges’ terms. Despite those efforts, it ade ago, and with the court continuing This should help minimize concerns ex- is possible that 6 of the 7 judges now on to receive record levels of incoming pressed by the Chief Judge in recent the bench will retire within a 4-year cases, veterans seeking justice from years about how much retired judges window, an even shorter period than the court may feel the effects of this would be able to accomplish in the lim- the disruptive turnover between 2000 ‘‘perfect storm’’ for many years to ited 90 day recall period. With these and 2005. come, as the court struggles to elimi- changes, the court should have the ju- That is why I believe we need to try nate the existing backlog and to keep dicial resources it needs to handle its a completely new approach to help en- up with new appeals. caseload in the near term. sure that experienced judges will stay

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5582 CONGRESSIONAL RECORD — SENATE May 3, 2007 on the bench for as long as practicable monitor that situation to ensure that (b) NEW JUDGES RECALLED AFTER RETIRE- and will not retire in clusters as their the court has the necessary capacity. MENT RECEIVE PAY OF CURRENT JUDGES ONLY terms expire. To that end, this bill Finally, the bill would recognize the DURING PERIODS OF RECALL.— would eliminate the term limits for critical and increasingly demanding (1) IN GENERAL.—Section 7296(c) of such title is amended by striking paragraph (1) any new judges appointed to the court role of the Chief Judge by allowing the and inserting the following: and would provide those judges with salary of the Chief Judge to be in- ‘‘(1)(A) Except as provided in subparagraph full pay-of-the-office only when serving creased by $7,000 per year, and the bill (B), in the case of a judge who retires under as an active judge or when providing would direct the General Services Ad- subsection (b) of this section and elects service as a recalled retired judge. The ministration to provide Congress with under subsection (d) of this section to re- combined effect of those provisions a report as to the feasibility and desir- ceive retired pay under this subsection, the ability of converting the court’s cur- retired pay of the judge shall (except as pro- should encourage judges to stay on the vided in paragraph (2) of this subsection and bench longer before they retire and to rent location into a dedicated Veterans section 7257(d)(2) of this title) be the rate of regularly volunteer for recall service Courthouse and Justice Center. pay applicable to that judge at the time of after they retire. It is my sincere hope that the funda- retirement (disregarding any increase in sal- Yes, this represents a significant de- mental changes in this bill will help ary provided in accordance with section parture from the traditional model for ensure that the Court of Appeals for 7253(e)(2) of this title). article I courts. But as experience has Veterans Claims is able to consistently ‘‘(B) A judge who was appointed before the shown, the current model is not ade- provide veterans with timely decisions, date of the enactment of the Veterans’ Jus- tice Assurance Act of 2007 and who retires quate to consistently provide veterans now and for many years to come. I ask under subsection (b) of this section and with timely decisions on their claims my colleagues to support this legisla- elects under subsection (d) of this section to and we simply cannot allow further tion. receive retired pay under this subsection disruptions in service to our Nation’s I also ask unanimous consent that shall (except as provided in paragraph (2) of heroes each time the court turns over. the text of the bill be printed in the this subsection) receive retired pay as fol- Once judges gain years of valuable ex- RECORD. lows: perience in this complex, specialized There being no objection, the text of ‘‘(i) In the case of a judge who is a recall- area of law, we should not force them, the bill was ordered to be printed in eligible retired judge under section 7257 of this title or who was a recall-eligible retired and their experience, into retirement. the RECORD, as follows: judge under that section and was removed Rather, we should take steps, as this S. 1289 from recall status under subsection (b)(4) of bill would do, to permit veterans and Be it enacted by the Senate and House of Rep- that section by reason of disability, the re- the court to receive the maximum pos- resentatives of the United States of America in tired pay of the judge shall be the pay of a sible benefit from their years on the Congress assembled, judge of the court. bench. SECTION 1. SHORT TITLE. ‘‘(ii) In the case of a judge who at the time To avoid ‘‘changing the rules’’ on This Act may be cited as the ‘‘Veterans’ of retirement did not provide notice under those judges who have already been ap- Justice Assurance Act of 2007’’. section 7257 of this title of availability for pointed and confirmed, these changes SEC. 2. REPEAL OF TERM LIMITS FOR JUDGES OF service in a recalled status, the retired pay of the judge shall be the rate of pay applica- would be prospective, applying only to THE UNITED STATES COURT OF AP- PEALS FOR VETERANS CLAIMS. ble to that judge at the time of retirement. judges appointed to the court on or (a) IN GENERAL.—Section 7253(c) of title 38, ‘‘(iii) In the case of a judge who was a re- after the date of enactment of this bill. United States Code, is amended to read as call-eligible retired judge under section 7257 In the meantime, I hope the changes to follows: of this title and was removed from recall sta- the current recall provisions that I ‘‘(c) TERM OF OFFICE.—(1) Except as pro- tus under subsection (b)(3) of that section, mentioned earlier will help avoid a dif- vided in paragraph (2), judges of the Court the retired pay of the judge shall be the pay ficult transition when the current sit- shall hold office during good behavior. of the judge at the time of the removal from ting judges retire. ‘‘(2) In the case of an individual who is recall status.’’. In addition to these changes to the serving a term of office as a judge of the (2) PAY DURING PERIOD OF RECALL.—Section Court on the date of the enactment of the 7257(d) of such title is amended to read as fol- term limits and recall rules, the bill Veterans’ Justice Assurance Act of 2007, such lows: would require the Chief Judge, in con- term shall be 15 years. A judge who is nomi- ‘‘(d)(1) The pay of a recall-eligible retired junction with the court’s stakeholders, nated by the President for appointment to judge to whom section 7296(c)(1)(B) of this to set guidelines for when recall would an additional term on the Court without a title applies is the pay specified in that sec- be appropriate, taking into account break in service and whose term of office ex- tion. such factors as the number of active pires while that nomination is pending be- ‘‘(2) A judge who is recalled under this sec- judges, temporary or prolonged in- fore the Senate may continue in office for up tion who retired under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this creases or decreases in caseload, and to 1 year while that nomination is pending.’’. (b) CONFORMING AMENDMENT.—Section title applies shall be paid, during the period the complexity of the caseload. It 7296(b)(2) of such title is amended by striking for which the judge serves in recall status, would also require the court to submit ‘‘A judge who’’ and inserting ‘‘A judge who pay at the rate of pay in effect under section annual performance reports to Con- was appointed before the date of the enact- 7253(e) of this title for a judge performing ac- gress including information on the ment of the Veterans’ Justice Assurance Act tive service, less the amount of the judge’s court’s workload during the prior year, of 2007 and who’’. annuity under the applicable provisions of as well as an analysis of whether the SEC. 3. INCREASED SALARY FOR CHIEF JUDGE chapter 83 or 84 of title 5 or the judge’s annu- standards for recalling judges were met OF UNITED STATES COURT OF AP- ity under section 7296(c)(1)(A) of this title, PEALS FOR VETERANS CLAIMS. whichever is applicable.’’. and what service, if any, was performed Section 7253(e) of title 38, United States (3) NOTICE.—The last sentence of section by retired judges. Such guidelines Code, is amended— 7257(a)(1) of such title is amended to read as should aid the court, retired judges, (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’; follows: ‘‘Such a notice provided by a retired and Congress in planning for periods and judge to whom section 7296(c)(1)(B) of this when recall will likely be used and (2) by adding at the end the following new title applies is irrevocable.’’. when it will not. paragraph: (c) LIMITATION ON INVOLUNTARY RECALLS.— More importantly, the number of re- ‘‘(2) The annual salary rate under para- Section 7257(b)(3) of such title is amended by call-eligible judges and their level of graph (1) for a judge shall be increased by adding at the end the following new sen- $7,000 during any period that such judge is tence: ‘‘This paragraph shall not apply to— activity are important factors that serving as chief judge of the Court.’’. ‘‘(A) a judge to whom section 7296(c)(1)(A) must be considered in determining SEC. 4. PROVISIONS RELATING TO RECALL OF of this title applies; or whether the court has sufficient judi- RETIRED JUDGES OF THE UNITED ‘‘(B) a judge to whom section 7296(c)(1)(B) cial resources. If current caseload STATES COURT OF APPEALS FOR of this title applies and who has, in the ag- trends continue and the court, even VETERANS CLAIMS. gregate, served at least five years (or the fully utilizing the services of recalled (a) ELIMINATION OF LIMIT ON SERVICE OF equivalent) of recalled service on the Court judges, is unable to provide veterans RETIRED JUDGES WHO VOLUNTARILY SERVE under this section.’’. MORE THAN 90 DAYS.—Section 7257(b)(2) of (d) ESTABLISHMENT OF CASELOAD THRESH- with the level of service they deserve, title 38, United States Code, is amended by OLDS FOR DETERMINING WHEN TO RECALL RE- the addition of judgeships may need to striking ‘‘or for more than a total of 180 days TIRED JUDGES.—Section 7257(b) of such title be considered. These guidelines and re- (or the equivalent) during any calendar is amended by adding at the end the fol- ports will allow Congress to closely year’’. lowing new paragraph:

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5583 ‘‘(5) For purposes of paragraph (1), the preliminary feasibility analysis of a dedi- Each year, the Department of Vet- chief judge shall establish guidelines for de- cated Veterans Courthouse and Justice Cen- erans Affairs provides educational as- termining whether recall-eligible retired ter that would house the Court and other en- sistance benefits to veterans, judges should be recalled on either a vol- tities that work with the Court. servicemembers, reservists, and their (3) In February 2007, the Court notified untary or involuntary basis, taking into ac- families to pursue a wide array of edu- count such factors as the number of active Congress that the ‘‘most cost-effective alter- judges, temporary or prolonged increases or native appears to be leasing substantial addi- cational opportunities, including tradi- decreases in caseload, and the complexity of tional space in the current location’’, which tional college degrees, vocational the caseload. In establishing such guidelines, would ‘‘require relocating other current gov- training, apprenticeships, and on-the- the chief judge shall, to the extent prac- ernment tenants’’ from that building. job training programs. VA contracts ticable, consult with the following: (4) The February 2006 feasibility report of with entities called ‘‘State approving ‘‘(A) Organizations recognized by the Sec- the General Services Administration does agencies,’’ SAAs, to assess whether retary for the representation of veterans not include an analysis of whether it would schools and training programs are of under section 5902 of this title. be feasible or desirable to locate a Veterans sufficient quality for individuals to re- ‘‘(B) The bar association of the Court. Courthouse and Justice Center at the current location of the Court. ceive VA education benefits while pur- ‘‘(C) The Secretary. suing their programs. That SAA ap- ‘‘(D) Such persons or entities the chief (b) SENSE OF CONGRESS.—It is the sense of judge considers appropriate.’’. Congress that— proval process was originally insti- (1) the United States Court of Appeals for SEC. 5. ADDITIONAL DISCRETION IN IMPOSITION tuted after World War II to help stem OF PRACTICE AND REGISTRATION Veterans Claims should be provided with ap- abuses of veterans’ education benefits, FEES. propriate office space to meet its needs, as such as scam vocational and business Section 7285(a) of title 38, United States well as to provide the image, security, and schools profiting from those education Code, is amended— stature befitting a court that provides justice to the veterans of the United States; and benefits and then not providing vet- (1) in the first sentence, by inserting ‘‘rea- erans with an education of any value. sonable’’ after ‘‘impose a’’; (2) in providing that space, Congress should avoid undue disruption, inconvenience, or Today, unlike 60 years ago, schools (2) in the second sentence, by striking ‘‘, and educational programs of all types except that such amount may not exceed $30 cost to other Federal entities. per year’’; and (c) REPORT.— may be scrutinized by a number of dif- (1) IN GENERAL.—Not later than 180 days (3) in the third sentence, by inserting ‘‘rea- ferent entities, including the Depart- after the date of the enactment of this Act, sonable’’ after ‘‘impose a’’. ment of Education, the Department of the Administrator of General Services shall Labor, various national and regional SEC. 6. ANNUAL REPORTS ON WORKLOAD OF submit to the Committee on Veterans’ Af- UNITED STATES COURT OF APPEALS accrediting bodies, and state licensing FOR VETERANS CLAIMS. fairs of the Senate and the Committee on Veterans’ Affairs of the House of Representa- agencies. In fact, in 1995 the Govern- (a) IN GENERAL.—Subchapter III of chapter tives a report on the feasibility of— ment Accountability Office found that 72 of title 38, United States Code, is amended a substantial portion of the approval by adding at the end the following new sec- (A) leasing additional space for the United tion: States Court of Appeals for Veterans Claims activities performed by SAAs over- within the building where the Court was lo- lapped with work done by others. Sev- ‘‘§ 7288. Annual report cated on the date of the enactment of this eral years later, the Commission on ‘‘(a) IN GENERAL.—The chief judge of the Act; and Servicemembers and Veterans Transi- Court shall submit annually to the appro- (B) using the entirety of such building as a priate committees of Congress a report sum- Veterans Courthouse and Justice Center. tion Assistance concluded that vet- marizing the workload of the Court for the (2) CONTENTS.—The report required by erans should be ‘‘the primary judge of last fiscal year that ended before the submis- paragraph (1) shall include a detailed anal- the appropriateness of accredited sion of such report. Such report shall in- ysis of the following: courses to their plans for the future’’ clude, with respect to such fiscal year, the (A) The impact that the matter analyzed and that ‘‘[a]pproval of institutions ac- following information: in accordance with paragraph (1) would have credited by accrediting bodies recog- ‘‘(1) The number of appeals filed. on Federal tenants of the building used by nized by the Department of Education ‘‘(2) The number of petitions filed. the Court. should suffice for veterans’ training ap- ‘‘(3) The number of applications filed under (B) Whether it would be feasible to relo- section 2412 of title 28. cate such Federal tenants into office space proval.’’ ‘‘(4) The number and type of dispositions. that offers similar or preferable cost, con- In the years since those findings, ‘‘(5) The median time from filing to dis- venience, and usable square footage. Congress has altered the responsibil- position. (C) If relocation of such Federal tenants is ities of SAAs by requiring them to per- ‘‘(6) The number of oral arguments. found to be feasible and desirable, an anal- form additional functions, such as pro- ‘‘(7) The number and status of pending ap- ysis of what steps should taken to convert moting the development of apprentice- peals and petitions and of applications de- the building into a Veterans Courthouse and ships and on-the-job training programs, scribed in paragraph (3). Justice Center and a time line for such con- conducting outreach services, and ap- ‘‘(8) A summary of any service performed version. proving licensing tests. However, the (3) COMMENT PERIOD.—The Administrator by recalled retired judges during the fiscal traditional approval functions per- year and an analysis of whether any of the shall provide an opportunity to such Federal caseload guidelines established under section tenants— formed by SAAs, which are specifically 7257(b)(5) of this title were met during the (A) before the completion of the report re- required by statute, have not been sig- fiscal year. quired by paragraph (1), to comment on the nificantly modified. ‘‘(b) APPROPRIATE COMMITTEES OF CON- subject of the report required by such para- Last year, in order to assess whether GRESS DEFINED.—In this section, the term graph; and veterans face unnecessary or ineffi- ‘appropriate committees of Congress’ means (B) before the Administrator submits the cient barriers in accessing VA edu- the Committee on Veterans’ Affairs of the report required by paragraph (1) to the con- cation benefits under the current sys- Senate and the Committee on Veterans’ Af- gressional committees specified in such tem, I asked GAO to evaluate the ex- paragraph, to comment on a draft of such re- fairs of the House of Representatives.’’. tent to which SAA approval activities (b) CLERICAL AMENDMENT.—The table of port. sections at the beginning of chapter 72 of currently overlap with functions per- such title is amended by inserting after the By Mr. CRAIG: formed by the Departments of Labor item related to section 7287, the following S. 1290. A bill to amend title 38, and Education and what value is added new item: United States Code, to provide addi- by the services performed by SAAs. Let ‘‘7288. Annual report.’’. tional discretion to the Secretary of me give you a few examples of GAO’s SEC. 7. REPORT ON EXPANSION OF FACILITIES Veterans Affairs in contracting with recent findings: FOR UNITED STATES COURT OF AP- State approving agencies, and for other Many education and training programs ap- PEALS FOR VETERANS CLAIMS. purposes; to the Committee on Vet- proved by SAAs have also been approved by (a) FINDINGS.—Congress finds the fol- erans’ Affairs. the Departments of Education or Labor and lowing: Mr. CRAIG. Mr. President, I have VA and SAAs have taken few steps to coordi- (1) The United States Court of Appeals for sought recognition today to comment nate approval activities with those Depart- Veterans Claims is currently located in the ments. District of Columbia in a commercial office on a bill I am introducing to ensure To streamline approval processes, VA building that is also occupied by other Fed- that veterans and their families have should collaborate with other agencies but, eral tenants. access to educational assistance bene- according to VA, that may be difficult be- (2) In February 2006, the General Services fits unimpeded by layers of bureauc- cause of the specific approval requirements Administration provided Congress with a racy and inflexible legal requirements. in law.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5584 CONGRESSIONAL RECORD — SENATE May 3, 2007 VA does not require SAAs to track the ing level in future years, it is impor- (B) in the heading by striking ‘‘Coopera- amount of resources they spend on specific tant to note that that level is a ceiling, tion’’ and inserting ‘‘Coordination of ap- duties and functions, including those that not a floor. As with any private-sector proval activities’’. may be performed by other agencies, and business or good-government business (3) CLERICAL AMENDMENT.—The table of thus does not have all relevant information sections at the beginning of chapter 36 of to make resource allocation decisions or to model, budgeting and funding decisions such title is amended by striking the item determine whether it is spending federal should be linked to performance and relating to section 3673 and inserting the fol- funds efficiently and effectively. VA should contract only for those serv- lowing: It is difficult to assess the effectiveness ices that are necessary and valuable. ‘‘3673. Coordination of approval activities.’’. and progress of SAAs because VA does not In sum, this bill would provide VA have outcome-oriented performance meas- with the flexibility to streamline ap- (d) ADDITIONAL DISCRETION FOR THE SEC- ures in place to fully evaluate their perform- RETARY OF VETERANS AFFAIRS FOR REIMBURS- ance. proval processes, eliminate redundant ING STATE APPROVING AGENCIES FOR EX- bureaucratic procedures, focus re- Although I have no doubts about the PENSES.—Section 3674 of such title is amend- sources on services that will meet the dedication and sincerity of SAA per- ed to read as follows: current needs of education program sonnel in the field, I believe GAO’s ‘‘§ 3674. Reimbursement of expenses participants, and ensure that veterans findings demonstrate that we do not ‘‘(a) IN GENERAL.—(1) Subject to sub- and their families will not confront have a systematic or objective way to sections (b) and (c), the Secretary is author- layers of bureaucracy and inflexible determine whether the current mix of ized to enter into contracts or agreements legal requirements in accessing their with State and local agencies to pay such services provided by SAAs, which are educational assistance benefits. I ask State and local agencies for reasonable and mandated by statute, are either nec- my colleagues to support this measure. necessary expenses of salary and travel in- essary or beneficial to the veterans and I also ask unanimous consent that curred by employees of such agencies and an their families who participate in VA’s allowance for administrative expenses in ac- the text of the bill be printed in the education programs. That is why I be- cordance with such criteria as the Secretary RECORD. lieve we should overhaul the entire determines appropriate for activities per- There being no objection, the text of formed pursuant to this chapter for purposes statutory scheme regarding SAAs, as the bill was ordered to be printed in this bill would do, to help eliminate re- of chapters 30 through 35 of this title and the RECORD, as follows: chapters 1606 and 1607 of title 10. dundant administrative procedures, in- S. 1290 ‘‘(2) Each such contract or agreement shall crease VA’s flexibility in determining be conditioned upon such terms and condi- the nature and extent of services that Be it enacted by the Senate and House of Rep- tions as the Secretary determines appro- resentatives of the United States of America in priate for services performed pursuant to should be performed by SAAs, and im- Congress assembled, prove accountability for any activities this chapter, including the condition that SECTION 1. MODIFICATION OF AUTHORITIES FOR they undertake. the State approving agency shall collect and STATE APPROVING AGENCIES. report annually to the Secretary, the Com- Specifically, this bill would strike (a) TECHNICAL AMENDMENT TO SCOPE OF AP- statutory provisions that mandate mittee on Veterans’ Affairs of the Senate, PROVAL.—Section 3670 of title 38, United and the Committee on Veterans’ Affairs of what activities SAAs must perform, States Code, is amended— the House of Representatives information how those functions must be carried (1) by striking subsection (b); and on— out, and how VA must pay for them. (2) in subsection (a), by striking ‘‘(a)’’. ‘‘(A) the amount of resources expended on Instead, VA would have authority to (b) MODIFICATION OF PROVISIONS RELATING such services performed pursuant to that contract with SAAs for services that it TO APPROVAL OF COURSES.— contract; and (1) MODIFICATION OF REQUIREMENT THAT deems valuable and to determine how ‘‘(B) the qualification and performance STANDARDS FOR PROGRAMS OF APPRENTICESHIP those services should be performed, standards for State approving agency per- BE APPROVED UNDER THE NATIONAL APPREN- sonnel responsible for such services. evaluated, and compensated. The bill TICESHIP ACT.—Subsection (c)(1)(A) of section would also require VA to coordinate ‘‘(b) SOURCE OF PAYMENTS.—Subject to sub- 3672 of such title is amended by striking section (c), the Secretary shall make pay- approval activities performed by State ‘‘pursuant to section 2 of the Act of August ments authorized under subsection (a) to approving agencies, the Department of 16, 1937 (popularly known as the ‘National State and local agencies first out of amounts Labor, the Department of Education, Apprenticeship Act’) (29 U.S.C. 50a),’’. available for the payment of readjustment and other entities to reduce overlap- (2) MODIFICATION OF REQUIREMENT TO PRO- benefits and then from other amounts made ping and unnecessary layers of bu- MOTE DEVELOPMENT OF APPRENTICESHIP PRO- available to make the payments. reaucracy. To ensure that VA, Con- GRAMS.—Subsection (d) of such section is ‘‘(c) LIMITATION ON AUTHORIZATION OF AP- amended— gress, and other stakeholders will be PROPRIATIONS.—(1) The total amount author- (A) in paragraph (1)— ized and available under this section for any able to objectively assess the effective- (i) by striking ‘‘and State approving agen- fiscal year may not exceed $19,000,000, except ness of any functions performed by cies’’; and that the total amount made available for SAAs, VA would be required to estab- (ii) by striking ‘‘shall utilize the services purposes of this section from amounts avail- lish outcome-oriented performance of’’ and inserting ‘‘may utilize the services of able for the payment of readjustment bene- measures and SAAs would be required State approving agencies and’’; and fits may not exceed the following: to track and report information on the (B) in paragraph (2), by striking ‘‘shall’’ ‘‘(A) $19,000,000 for fiscal year 2007. resources expended on all activities and inserting ‘‘may’’. ‘‘(B) $13,000,000 for fiscal year 2008, and they perform. (3) MODIFICATION OF REQUIREMENTS RELAT- each subsequent fiscal year. Finally, the bill includes a provision, ING TO APPROVAL OF PROGRAM OF EDUCATION ‘‘(2) For any fiscal year in which the total similar to legislation that the Senate EXCLUSIVELY BY CORRESPONDENCE.—Sub- amount that would be made available under section (e) of such section is amended by this section would exceed the amount appli- passed last year, that would provide a striking ‘‘only if’’ and all that follows cable to that fiscal year under paragraph (1) $19 million spending authorization for through the period and inserting ‘‘under such except for the provisions of this subsection, SAAs effective at the start of the up- criteria as the Secretary prescribes pursuant the Secretary shall provide that each agency coming fiscal year and would allow, for to section 3675.’’. shall receive the same percentage of the the first time, SAA funding to be (c) RESTATEMENT OF REQUIREMENT FOR CO- amount applicable to that fiscal year under drawn from both mandatory spending ORDINATION OF APPROVAL ACTIVITIES.— paragraph (1) as the agency would have re- accounts and discretionary accounts. (1) IN GENERAL.—Subsection (a) of section ceived of the total amount that would have 3673 of such title is amended to read as fol- been made available without the limitation By way of background, since 1988 VA of this subsection.’’. payment for the services of SAAs has lows: ‘‘(a) IN GENERAL.—The Secretary shall (e) EVALUATIONS OF AGENCY PERFORMANCE; been made only out of funds available take appropriate measures to ensure the co- QUALIFICATIONS AND PERFORMANCE OF AGEN- for ‘‘readjustment benefits’’, a VA ac- ordination of approval activities performed CY PERSONNEL.—Section 3674A of such title is count funded through mandatory ap- by State approving agencies under this chap- amended— propriations, and has been subject to ter and chapters 34 and 35 of this title and (1) by striking subsection (b); annual funding caps. approval activities performed by the Depart- (2) in subsection (a), by striking ‘‘(a)’’; For the current fiscal year, SAA ment of Labor, the Department of Edu- (3) by redesignating paragraphs (1), (2), (3), funding from this entitlement account cation, and other entities to reduce overlap and (4) as paragraphs (2), (3), (4), and (5), re- is capped at $19 million, but under cur- and improve efficiency with respect to the spectively; activities.’’. (4) by inserting before paragraph (2), as re- rent law there will be a $6 million re- (2) CONFORMING AMENDMENTS.—Such sec- designated by paragraph (3) of this sub- duction in authorized spending, to $13 tion is further amended— section, the following new paragraph (1): million, for every fiscal year there- (A) in subsection (b), by inserting ‘‘FUR- ‘‘(1) establish performance measures— after. Although the provisions of this NISHING MATERIALS.—’’ before ‘‘The Sec- ‘‘(A) to assess the effectiveness of all serv- bill would maintain a $19 million fund- retary’’; and ices for which a State approving agency is

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5585 reimbursed pursuant to section 3674 of this (3) CLERICAL AMENDMENT.—The table of and their spouses and dependents with title that are based on the outcomes of the sections at the beginning of chapter 36 of additional flexibility in using existing services; and such title is amended by striking the item education benefits. Traditionally, edu- ‘‘(B) to assess the effectiveness of the State relating to section 3676 and inserting the fol- cational assistance benefits have been approving agency in coordinating with other lowing: paid in equal monthly allotments entities, including the Department of Labor ‘‘3676. Approval of training on the job.’’. and the Department of Education, to reduce throughout a semester or term. For (h) NOTICE OF APPROVAL.— overlap and improve efficiency in approval veterans, the maximum basic rate is (1) IN GENERAL.—Section 3678 of such title activities;’’; is amended to read as follows: now $1,075 per month, which means a (5) by amending paragraph (2), as redesig- veteran may receive at least $9,675 over nated by paragraph (3) of this subsection, to ‘‘SEC. 3677. NOTICE OF DETERMINATIONS BY STATE APPROVING AGENCIES. the course of an average school year read as follows: ‘‘A State approving agency shall provide to and almost $39,000 during a 4-year col- ‘‘(2) conduct an annual evaluation of each the Secretary, an educational institution, or lege program. State approving agency on the basis of the such other entities as the Secretary con- This system works well for veterans performance measures established under siders appropriate such notification as the paragraph (1);’’; and attending a traditional four-year col- Secretary may consider necessary regarding (6) in paragraph (3), as redesignated by lege. But, as the Commission on Serv- determinations made by the State approving paragraph (3) of this subsection, by striking icemembers and Veterans Transition agency pursuant to section 3675 of this ‘‘under paragraph (1)’’ and inserting ‘‘under title.’’. Assistance reported in 1999, the exist- paragraph (2)’’. (2) CONFORMING AMENDMENT.—Section ing payment structure ‘‘constrains vet- (f) APPROVAL OF COURSES.— 3689(d) of such title is amended by striking erans and servicemembers desiring to (1) IN GENERAL.—Section 3675 of such title enroll in short-term career-focused is amended to read as follows: ‘‘3678’’ and inserting ‘‘3677’’. (3) CLERICAL AMENDMENT.—The table of technical courses,’’ a problem that is ‘‘§ 3675. Approval of courses sections at the beginning of chapter 36 of ‘‘especially acute if the cost of the ‘‘(a) STANDARDS.—The Secretary shall es- such title is amended by striking the items tablish standards of approval for accredited course dramatically exceeds the bene- relating to section 3677 and 3678 and insert- fits payable for the few months’ dura- and nonaccredited courses offered by an edu- ing the following: cational institution that the Secretary de- tion of the course.’’ ‘‘3677. Notice of determinations by State ap- termines are necessary to carry out the pro- That is why in 2001 I cosponsored leg- proving agencies.’’. visions of this chapter. Such standards shall islation to establish an ‘‘accelerated’’ be based on the following, as appropriate: (i) MODIFICATION OF PROVISIONS RELATING payment option for veterans’ education ‘‘(1) Student achievement. TO DISAPPROVAL OF COURSES.— benefits. With that program now in ‘‘(2) Curricula, program objectives, and fac- (1) IN GENERAL.—Section 3679 of such title is repealed. place, a veteran may receive an up- ulty. front, lump-sum payment of up to 60 ‘‘(3) Facilities, equipment, and supplies. (2) CONFORMING AMENDMENT.—Section ‘‘(4) Institutional objectives, capacity, and 3689(d) of such title is amended by striking percent of the cost of certain high- administration. ‘‘3679,’’. tech, high-cost programs. Since that ‘‘(5) Student support services. (3) CLERICAL AMENDMENT.—The table of option was made available, many vet- ‘‘(6) Recruiting and admissions practices. sections at the beginning of chapter 36 of erans have used that additional flexi- ‘‘(7) Record of student complaints. such title is amended by striking the item bility to train for jobs in high tech- ‘‘(8) Process related requirements, such as relating to section 3679. nology sectors of the economy, such as application requirements. (j) EFFECTIVE DATE.—The amendments made by this section shall take effect on the the computer and telecommunications ‘‘(9) Such other criteria as the Secretary industry, the aerospace industry, and considers appropriate. date that is one year after the date of the en- ‘‘(b) APPROVAL.—A State approving agency actment of this section. the electronics industry. may approve courses offered by an edu- Then last year, as chairman of the cational institution when the standards es- By Mr. CRAIG: Committee on Veterans’ Affairs, I sup- tablished under subsection (a) have been sat- S. 1293. A bill to amend titles 10 and ported legislation that would have ex- isfied by such educational institution. In 38, United States Code, to improve edu- panded this option to allow accelerated performing such approval function, the State cational assistance for members and payments for short-term, high-cost approving agency may, to the extent per- former members of the Armed Forces, education programs leading to jobs in mitted by the Secretary, rely upon deter- and for other purposes; to the Com- any high growth sectors of the econ- minations made by other entities, including mittee on Veterans’ Affairs. the Department of Labor and the Depart- omy. Although VA also supported that ment of Education. Mr. CRAIG. Mr. President, I have legislation, VA testified that ‘‘imple- ‘‘(c) DISAPPROVAL.—Approval granted sought recognition today to comment mentation would be challenging’’ and under this section may be revoked by the on a bill I am introducing to enhance that ‘‘[i]t would be cleaner and more Secretary or a State approving agency under educational assistance benefits pro- direct if the bill simply stated that all conditions established by the Secretary.’’. vided to active duty servicemembers, high-cost short-term courses were eli- (2) CONFORMING AMENDMENT.—Section veterans, members of the Guard and gible for accelerated payments.’’ 3452(h) of such title is amended by striking Reserve, and their survivors and de- Having taken those concerns into ac- ‘‘an entrepreneurship course (as defined in section 3675(c)(2) of this title)’’ and inserting pendents by the Department of Vet- count, this bill would allow veterans to ‘‘a non-degree, non-credit course of business erans Affairs, VA, and the Department receive accelerated payments for any education that enables or assists a person to of Defense. short-term, high-cost education pro- start or enhance a small business concern (as In recent years, many veterans’ orga- grams, and it would authorize VA to defined pursuant to section 3(a) of the Small nizations, members of Congress, and spend up to $3 million for those pay- Business Act (15 U.S.C. 362(a)))’’. others have highlighted the need to ments in each fiscal year from 2009 to (3) CLERICAL AMENDMENT.—The table of modernize these education programs to 2012. Not only would this provide vet- sections at the beginning of chapter 36 of support emerging and alternative edu- erans with the flexibility to pursue such title is amended by striking the item related to section 3675 and inserting the fol- cation opportunities and to recognize nontraditional or technical edu- lowing new item: that the role of Guard and Reserve cational opportunities, but it may help ‘‘3675. Approval of courses.’’. members has been transformed since veterans quickly obtain job skills that (g) MODIFICATION OF PROVISIONS RELATING September 11, 2001. This bill would take currently are in high demand. TO APPROVAL OF NONACCREDITED COURSES.— significant steps in that direction by For example, the trucking industry (1) IN GENERAL.—Section 3676 of such title providing greater flexibility in the use is now experiencing a critical shortage is repealed. of these education benefits, revising of trained drivers, but the GI Bill, as (2) CONFORMING AMENDMENTS.—(A) Section eligibility criteria to reflect current currently structured, may pay only a 3677 of such title is redesignated as section mobilization strategies for Guard and fraction of the cost for a veteran to 3676. Reserve units, and enhancing the edu- take the 6 to 8 week training course, (B) Section 3672(d)(1) of such title is cation program for our ‘‘citizen sol- about $2,000 of a total $6,000 bill. With amended by striking ‘‘sections 3677’’ and inserting ‘‘sections 3676’’. diers’’ who have been called up to serve the availability of accelerated pay- (C) Section 3687(a)(2) of such title is in the war on terror. ments for those and other short-term, amended by striking ‘‘section 3677’’ and in- First, this bill would provide vet- high-cost training programs, veterans serting ‘‘section 3676’’. erans, Guard and Reserve members, may be able to obtain the skills needed

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5586 CONGRESSIONAL RECORD — SENATE May 3, 2007 to thrive in sectors of the economy ing that current education programs first enrolls in an approved program of edu- that, today, are growing rapidly and are up-to-date and flexible and that cation not exceeding two years in duration can provide them with lucrative, re- they provide members of the Guard and and not leading to an associate, bachelors, warding career opportunities. Reserve with benefits commensurate masters, or other degree, subject to sub- In addition, the bill would, for the section (h); and with the level of service they are now ‘‘(2) is charged tuition and fees for the pro- first time, provide Guard and Reserve performing on behalf of the entire Na- gram of education that, when divided by the members with the option of receiving tion. I urge my colleagues to support number of months (and fractions thereof) in accelerated payment of their education this legislation. the enrollment period, exceeds the amount benefits. They, too, would be eligible to I ask unanimous consent that the equal to 200 percent of the monthly rate of receive up-front, lump-sum payments text of the bill be printed in the educational assistance allowance otherwise of up to 60 percent of the cost of any RECORD. payable with respect to the individual under short-term, high-cost education pro- There being no objection, the text of section 3531 of this title. the bill was ordered to be printed in ‘‘(c)(1) The amount of the accelerated pay- gram. For fiscal years 2009 to 2012, the ment of educational assistance payable with the RECORD, as follows: bill would authorize $2 million per year respect to an eligible person making an elec- for the Montgomery GI bill, Selected S. 1293 tion under subsection (a) for a program of Reserve program and $1 million per Be it enacted by the Senate and House of Rep- education shall be the lesser of— year for the smaller Reserve Edu- resentatives of the United States of America in ‘‘(A) the amount equal to 60 percent of the cational Assistance Program to make Congress assembled, established charges for the program of edu- SECTION 1. SHORT TITLE. cation; or these payments. This Act may be cited as the ‘‘Veterans’ To ensure that the families of vet- ‘‘(B) the aggregate amount of educational Education and Vocational Benefits Improve- assistance allowance to which the individual erans also have flexibility in the use of ment Act of 2007’’. remains entitled under this chapter at the their education benefits, the bill would SEC. 2. TEMPORARY EXPANSION OF COURSES time of the payment. extend the same accelerated payment FOR WHICH ACCELERATED PAY- ‘‘(2) In this subsection, the term ‘estab- option to participants in the Survivors’ MENT OF EDUCATIONAL ASSIST- lished charges’, in the case of a program of and Dependents’ Educational Assist- ANCE MAY BE MADE. education, means the actual charges (as de- (a) ACCELERATED PAYMENT UNDER MONT- termined pursuant to regulations prescribed ance program. It would authorize VA GOMERY GI BILL FOR CERTAIN SHORT-TERM to spend up to $1 million per year for by the Secretary) for tuition and fees which PROGRAMS.— similarly circumstanced individuals who are those payments in fiscal years 2009 to (1) IN GENERAL.—Section 3014A of title 38, not eligible for benefits under this chapter 2012. United States Code, is amended— and who are enrolled in the program of edu- The second principal goal of the bill (A) in subsection (b)— cation would be required to pay. Established is to update and enhance the education (i) by striking ‘‘who is—’’ and inserting charges shall be determined on the following program for members of the Guard and ‘‘who—’’; basis: Reserve who are called to active duty. (ii) by striking paragraph (1) and inserting ‘‘(A) In the case of an individual enrolled the following new paragraph (1): in a program of education offered on a term, In 2004, recognizing the increased sac- ‘‘(1)(A) is enrolled in an approved program rifices being made by our ‘‘citizen sol- quarter, or semester basis, the tuition and of education that leads to employment in a fees charged the individual for the term, diers’’ who are fighting in the War on high technology occupation in a high tech- quarter, or semester. Terror, Congress created the Reserve nology industry (as determined pursuant to ‘‘(B) In the case of an individual enrolled in Educational Assistance Program for regulations prescribed by the Secretary); or a program of education not offered on a Guard and Reserve members who are ‘‘(B) during the period beginning on Octo- term, quarter, or semester basis, the tuition activated for at least 90 days after Sep- ber 1, 2008, and ending on September 30, 2012, and fees charged the individual for the entire tember 11, 2001. This program was a first enrolls in any other approved program program of education. of education not exceeding two years in du- significant step in the right direction, ‘‘(3) The educational institution providing ration and not leading to an associate, bach- the program of education for which an accel- providing a maximum benefit of $860 elors, masters, or other degree, subject to erated payment of educational assistance al- per month for 36 months, a total pos- subsection (h); and’’; and lowance is elected by an eligible person sible benefit of over $30,000. (iii) in paragraph (2), by inserting ‘‘is’’ be- under subsection (a) shall certify to the Sec- However, the maximum monthly ben- fore ‘‘charged’’; and retary the amount of the established charges efit requires a deployment of 2 contin- (B) by adding at the end the following new for the program of education. uous years or more of active duty, and subsection: ‘‘(d) An accelerated payment of edu- the Secretary of Defense has recently ‘‘(h) The aggregate amount of basic educational assistance allowance made with re- cational assistance payable under this sec- announced that ‘‘from this point for- spect to an eligible person under this section tion in any fiscal year for enrollments cov- for a program of education shall be made not ward, members of the Reserves will be ered by subsection (b)(1)(B) may not exceed later than the last day of the month imme- involuntarily mobilized for a maximum $3,000,000.’’. diately following the month in which the of one year at any one time, in con- (2) CONFORMING AMENDMENT.—Such section Secretary receives a certification from the trast to the current practice of sixteen is further amended in the heading by strik- educational institution regarding— to twenty-four months.’’ To bring ing ‘‘leading to employment in high tech- ‘‘(1) the person’s enrollment in and pursuit those eligibility criteria in line with nology occupation in high technology indus- of the program of education; and ’’. current practice, this bill would allow try ‘‘(2) the amount of the established charges (3) CLERICAL AMENDMENT.—The table of for the program of education. members of the Guard or Reserve to re- sections at the beginning of chapter 30 of ‘‘(e)(1) Except as provided in paragraph (2), ceive the maximum benefits if they are such title is amended in the item relating to for each accelerated payment of educational deployed for an aggregate period of 3 or section 3014A by striking ‘‘leading to em- assistance allowance made with respect to more years. ployment in high technology occupation in an eligible person under this section, the per- Finally, the bill would provide these high technology industry’’. son’s entitlement to educational assistance ‘‘citizen soldiers’’ with access to a val- (b) ACCELERATED PAYMENT OF SURVIVORS’ under this chapter shall be charged the num- uable option now available only under AND DEPENDENTS’ EDUCATIONAL ASSIST- ber of months (and any fraction thereof) de- ANCE.— termined by dividing the amount of the ac- the Montgomery GI bill program for (1) IN GENERAL.—Subchapter IV of chapter active duty servicemembers. Specifi- celerated payment by the full-time monthly 35 of such title is amended by inserting after rate of educational assistance allowance oth- cally, it would allow members of the section 3532 the following new section: erwise payable with respect to the person Guard or Reserve to contribute up to ‘‘§ 3532A. Accelerated payment of educational under section 3531 of this title as of the be- $600 in order to receive an additional assistance allowance ginning date of the enrollment period for the $150 per month in education benefits, ‘‘(a) The educational assistance allowance program of education for which the acceler- which amounts to an additional $5,400 payable under section 3531 of this title with ated payment is made. in benefits over the course of 36 respect to an eligible person described in ‘‘(2) If the monthly rate of educational as- months. Under this bill, Guard and Re- subsection (b) may, upon the election of such sistance allowance otherwise payable with respect to an eligible person under section serve members would, for the first eligible person, be paid on an accelerated basis in accordance with this section. 3531 of this title increases during the enroll- time, have access to this valuable op- ‘‘(b) An eligible person described in this ment period of a program of education for portunity. subsection is an individual who— which an accelerated payment of educational With these modifications, we can ‘‘(1) during the period beginning on Octo- assistance allowance is made under this sec- take significant strides towards ensur- ber 1, 2008, and ending on September 30, 2012, tion, the charge to the person’s entitlement

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5587 to educational assistance under this chapter individuals who are not eligible for benefits ‘‘16131A. Accelerated payment of educational shall be determined by prorating the entitle- under this chapter and who are enrolled in assistance.’’. ment chargeable, in the manner provided for the program of education would be required (d) ACCELERATED PAYMENT OF EDUCATIONAL under paragraph (1), for the periods covered to pay. Established charges shall be deter- ASSISTANCE FOR RESERVE COMPONENT MEM- by the initial rate and increased rate, respec- mined on the following basis: BERS SUPPORTING CONTINGENCY OPERATIONS tively, in accordance with regulations pre- ‘‘(A) In the case of a person enrolled in a AND OTHER OPERATIONS.— scribed by the Secretary. program of education offered on a term, (1) IN GENERAL.—Chapter 1607 of title 10, ‘‘(f) The Secretary may not make an accel- quarter, or semester basis, the tuition and United States Code, is amended by inserting erated payment of educational assistance al- fees charged the individual for the term, after section 16162 the following new section: lowance under this section for a program of quarter, or semester. ‘‘§ 16162A. Accelerated payment of edu- education with respect to an eligible person ‘‘(B) In the case of a person enrolled in a cational assistance who has received an advance payment under program of education not offered on a term, ‘‘(a) The educational assistance allowance section 3680(d) of this title for the same en- quarter, or semester basis, the tuition and payable under section 16162 of this title with rollment period. fees charged the individual for the entire respect to an eligible member described in ‘‘(g) The Secretary shall prescribe regula- program of education. subsection (b) may, upon the election of such tions to carry out this section. The regula- ‘‘(3) The educational institution providing eligible member, be paid on an accelerated tions shall include requirements, conditions, the program of education for which an accel- basis in accordance with this section. and methods for the request, issuance, deliv- erated payment of educational assistance al- ‘‘(b) An eligible member described in this ery, certification of receipt and use, and re- lowance is elected by an eligible person subsection is a member of a reserve compo- covery of overpayment of an accelerated under subsection (a) shall certify to the Sec- nent entitled to educational assistance under payment of educational assistance allowance retary of Veterans Affairs the amount of the this chapter who— under this section. The regulations may in- established charges for the program of edu- ‘‘(1) during the period beginning on Octo- clude such elements of the regulations pre- cation. ber 1, 2008, and ending on September 30, 2012, scribed under section 3014A of this title as ‘‘(d) An accelerated payment of edu- first enrolls in an approved program of edu- the Secretary considers appropriate for pur- cational assistance allowance made with re- cation not exceeding two years in duration poses of this section. spect to an eligible person under this section and not leading to an associate, bachelors, ‘‘(h) The aggregate amount of educational for a program of education shall be made not masters, or other degree, subject to sub- assistance payable under this section in any later than the last day of the month imme- section (g); and fiscal year for enrollments covered by sub- diately following the month in which the ‘‘(2) is charged tuition and fees for the pro- section (b)(1) may not exceed $1,000,000.’’. Secretary of Veterans Affairs receives a cer- gram of education that, when divided by the (2) CLERICAL AMENDMENT.—The table of tification from the educational institution number of months (and fractions thereof) in sections at the beginning of chapter 35 of regarding— the enrollment period, exceeds the amount such title is amended by inserting after the ‘‘(1) the person’s enrollment in and pursuit equal to 200 percent of the monthly rate of item relating to section 3532 the following of the program of education; and educational assistance allowance otherwise new item: ‘‘(2) the amount of the established charges payable with respect to the member under ‘‘3532A. Accelerated payment of educational for the program of education. section 16162 of this title. ‘‘(e)(1) Except as provided in paragraph (2), assistance allowance.’’. ‘‘(c)(1) The amount of the accelerated pay- for each accelerated payment of educational (c) ACCELERATED PAYMENT OF EDUCATIONAL ment of educational assistance payable with assistance allowance made with respect to ASSISTANCE FOR MEMBERS OF THE SELECTED respect to an eligible member making an an eligible person under this section, the per- RESERVE.— election under subsection (a) for a program son’s entitlement to educational assistance (1) IN GENERAL.—Chapter 1606 of title 10, of education shall be the lesser of— under this chapter shall be charged the num- United States Code, is amended by inserting ‘‘(A) the amount equal to 60 percent of the ber of months (and any fraction thereof) de- after section 16131 the following new section: established charges for the program of edu- termined by dividing the amount of the ac- cation; or ‘‘§ 16131A. Accelerated payment of edu- celerated payment by the full-time monthly cational assistance ‘‘(B) the aggregate amount of educational rate of educational assistance allowance oth- assistance allowance to which the member ‘‘(a) The educational assistance allowance erwise payable with respect to the person remains entitled under this chapter at the payable under section 16131 of this title with under section 16131 of this title as of the be- time of the payment. respect to an eligible person described in ginning date of the enrollment period for the ‘‘(2) In this subsection, the term ‘estab- subsection (b) may, upon the election of such program of education for which the acceler- lished charges’, in the case of a program of eligible person, be paid on an accelerated ated payment is made. education, means the actual charges (as de- basis in accordance with this section. ‘‘(2) If the monthly rate of educational as- termined pursuant to regulations prescribed ‘‘(b) An eligible person described in this sistance allowance otherwise payable with by the Secretary of Veterans Affairs) for tui- subsection is a person entitled to edu- respect to an eligible person under section tion and fees which similarly circumstanced cational assistance under this chapter who— 16131 of this title increases during the enroll- individuals who are not eligible for benefits ‘‘(1) during the period beginning on Octo- ment period of a program of education for under this chapter and who are enrolled in ber 1, 2008, and ending on September 30, 2012, which an accelerated payment of educational the program of education would be required first enrolls in an approved program of edu- assistance allowance is made under this sec- to pay. Established charges shall be deter- cation not exceeding two years in duration tion, the charge to the person’s entitlement mined on the following basis: and not leading to an associate, bachelors, to educational assistance under this chapter ‘‘(A) In the case of a member enrolled in a masters, or other degree, subject to sub- shall be determined by prorating the entitle- program of education offered on a term, section (g); and ment chargeable, in the manner provided for quarter, or semester basis, the tuition and ‘‘(2) is charged tuition and fees for the pro- under paragraph (1), for the periods covered fees charged the member for the term, quar- gram of education that, when divided by the by the initial rate and increased rate, respec- ter, or semester. number of months (and fractions thereof) in tively, in accordance with regulations pre- ‘‘(B) In the case of a member enrolled in a the enrollment period, exceeds the amount scribed by the Secretary of Veterans Affairs. program of education not offered on a term, equal to 200 percent of the monthly rate of ‘‘(f) The Secretary of Veterans Affairs shall quarter, or semester basis, the tuition and educational assistance allowance otherwise prescribe regulations to carry out this sec- fees charged the member for the entire pro- payable with respect to the person under section. The regulations shall include require- gram of education. tion 16131 of this title. ments, conditions, and methods for the re- ‘‘(3) The educational institution providing ‘‘(c)(1) The amount of the accelerated pay- quest, issuance, delivery, certification of re- the program of education for which an accel- ment of educational assistance payable with ceipt and use, and recovery of overpayment erated payment of educational assistance al- respect to an eligible person making an elec- of an accelerated payment of educational as- lowance is elected by an eligible member tion under subsection (a) for a program of sistance allowance under this section. The under subsection (a) shall certify to the Sec- education shall be the lesser of— regulations may include such elements of retary of Veterans Affairs the amount of the ‘‘(A) the amount equal to 60 percent of the the regulations prescribed under section established charges for the program of edu- established charges for the program of edu- 3014A of title 38 as the Secretary of Veterans cation. cation; or Affairs considers appropriate for purposes of ‘‘(d) An accelerated payment of edu- ‘‘(B) the aggregate amount of educational this section. cational assistance allowance made with re- assistance allowance to which the person re- ‘‘(g) The aggregate amount of educational spect to an eligible member under this sec- mains entitled under this chapter at the assistance payable under this section in any tion for a program of education shall be time of the payment. fiscal year for enrollments covered by sub- made not later than the last day of the ‘‘(2) In this subsection, the term ‘estab- section (b)(1) may not exceed $2,000,000.’’. month immediately following the month in lished charges’, in the case of a program of (2) CLERICAL AMENDMENT.—The table of which the Secretary of Veterans Affairs re- education, means the actual charges (as de- sections at the beginning of chapter 1606 of ceives a certification from the educational termined pursuant to regulations prescribed such title is amended by inserting after the institution regarding— by the Secretary of Veterans Affairs) for tui- item relating to section 16131 the following ‘‘(1) the member’s enrollment in and pur- tion and fees which similarly circumstanced new item: suit of the program of education; and

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5588 CONGRESSIONAL RECORD — SENATE May 3, 2007 ‘‘(2) the amount of the established charges ‘‘(C) The total amount of the contributions States were in science or engineering for the program of education. made by an individual under subparagraph compared to 59 percent in China and 66 ‘‘(e)(1) Except as provided in paragraph (2), (A) may not exceed $600. Such contributions percent in Japan. If we do not address for each accelerated payment of educational shall be made in multiples of $20. this crisis soon, China, India, and assistance allowance made with respect to ‘‘(D) Contributions under this subsection an eligible member under this section, the shall be made to the Secretary concerned. Japan will become the new centers for member’s entitlement to educational assist- Such Secretary shall deposit any amounts scientific and technological innova- ance under this chapter shall be charged the received as contributions under this sub- tion, while American workers scramble number of months (and any fraction thereof) section into the Treasury as miscellaneous to keep up. We must act now to ensure determined by dividing the amount of the ac- receipts. that America remains the world’s eco- celerated payment by the full-time monthly ‘‘(2) Effective as of the first day of the en- nomic, scientific, and technological rate of educational assistance allowance oth- rollment period following the enrollment pe- leader. erwise payable with respect to the member riod in which an individual makes contribu- American workers are also increas- under section 16162 of this title as of the be- tions under paragraph (1), the monthly ingly finding themselves at a disadvan- ginning date of the enrollment period for the amount of educational assistance allowance tage in a multilingual global commu- program of education for which the acceler- applicable to such individual under this sec- nity. In our increasingly global econ- ated payment is made. tion shall be the monthly rate otherwise pro- ‘‘(2) If the monthly rate of educational as- vided for under subsection (c) increased by— omy and with a heightened concern for sistance allowance otherwise payable with ‘‘(A) an amount equal to $5 for each $20 security in the post–911 world, we need respect to an eligible member under section contributed by such individual under para- Americans who can speak a foreign 16162 of this title increases during the enroll- graph (1) for an approved program of edu- language. Only 9 percent of American ment period of a program of education for cation pursued on a full-time basis; or students enroll in a foreign language which an accelerated payment of educational ‘‘(B) an appropriately reduced amount course in college. We especially need to assistance allowance is made under this sec- based on the amount so contributed as deter- focus on less commonly taught lan- tion, the charge to the member’s entitlement mined under regulations that the Secretary guages, including Arabic, Farsi, Chi- to educational assistance under this chapter of Veterans Affairs shall prescribe, for an ap- nese, and Korean, and other languages shall be determined by prorating the entitle- proved program of education pursued on less that are of particular value in the ment chargeable, in the manner provided for than a full-time basis.’’. under paragraph (1), for the periods covered world today. by the initial rate and increased rate, respec- By Mr. DURBIN (for himself, Mr. The best place to address both of tively, in accordance with regulations pre- AKAKA, and Mr. COCHRAN): these concerns is in the classroom. We scribed by the Secretary of Veterans Affairs. S. 1294. A bill to strengthen national must adapt our educational system by ‘‘(f) The Secretary of Veterans Affairs shall security by encouraging and assisting providing the teachers and resources prescribe regulations to carry out this sec- needed to encourage students to study tion. The regulations shall include require- in the expansion and improvement of educational programs in order to meet science, technology, engineering, ments, conditions, and methods for the re- mathematics, and foreign languages. quest, issuance, delivery, certification of re- critical needs at the elementary, sec- ceipt and use, and recovery of overpayment ondary, and higher education levels, The Homeland Security Education Act of an accelerated payment of educational as- and for other purposes; to the Com- is an important step in the right direc- sistance allowance under this section. The mittee on Health, Education, Labor, tion. This bill would encourage students to regulations may include such elements of and Pensions. pursue math, science, technology, engi- the regulations prescribed under section Mr. DURBIN. Mr. President, I urge 3014A of title 38 as the Secretary of Veterans neering, and critical foreign languages my colleagues to support the Homeland Affairs considers appropriate for purposes of by providing them with $5,000 scholar- Security Education Act. This bill en- this section. ships. Scientists, engineers, technology courages initiatives to increase the ‘‘(g) The aggregate amount of educational professionals, and those fluent in for- assistance payable under this section in any number of Americans trained in eign languages would be encouraged to fiscal year for enrollments covered by sub- science, technology, engineering, section (b)(1) may not exceed $1,000,000.’’. return to the classroom and use their math, and foreign languages. career experiences to inspire students (2) CLERICAL AMENDMENT.—The table of More than a century ago, Henry Ford sections at the beginning of chapter 1607 of in high-need or low-income schools. such title is amended by inserting after the revolutionized transportation and in- New grant programs would encourage item relating to section 16162 the following dustry with the creation of the Model educational institutions, public enti- new item: T. This car and the process designed to ties, and businesses to enter into part- ‘‘16162A. Accelerated payment of educational create it were so innovative that it was nerships that improve math and assistance.’’. copied by every other company. The science curricula, establish programs (e) EFFECTIVE DATE.—The amendments Model T became the base model for all that promote students’ foreign lan- made by this section shall take effect on Oc- cars that followed. This is a classic tober 1, 2008. guage proficiency along with their American story. Some of the most im- science and technological knowledge, SEC. 3. ENHANCEMENT OF EDUCATIONAL ASSIST- portant scientific breakthroughs in ANCE FOR RESERVE COMPONENT and create and establish foreign lan- MEMBERS SUPPORTING CONTIN- modern history have occurred in the guage pathways from elementary GENCY OPERATIONS AND OTHER labs, workshops, and classrooms of school through college. Finally, the OPERATIONS. America. We take pride in our Nation’s bill would fund a student loan repay- (a) ASSISTANCE FOR THREE YEARS CUMU- ability to meet any challenge and solve ment program for qualified individuals LATIVE SERVICE.—Subsection (c)(4)(C) of sec- any problem with innovation and dis- tion 16162 of title 10, United States Code, is trained in science, technology, engi- amended by striking ‘‘for two continuous covery. But we are falling behind. To- neering, math, and foreign languages years or more.’’ and inserting ‘‘for— day’s innovations in the auto industry who join the Federal workforce. ‘‘(i) two continuous years or more; or come not from Detroit but from Japan. Our country is quickly approaching a ‘‘(ii) an aggregate of three years or more.’’. Engineers in Asia are designing tomor- crisis of competitiveness. To avoid fall- (b) CONTRIBUTIONS FOR INCREASED AMOUNT row’s hybrid car while Henry Ford’s ing behind our international competi- OF EDUCATIONAL ASSISTANCE.— company and other American compa- tors in science and innovation, we (1) IN GENERAL.—Such section is further nies are just trying to keep up. must confront this problem imme- amended by adding at the end the following America’s colleges and universities new subsection: diately in our schools. We need to ‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT can play an important role in reversing strengthen our students’ proficiency in OF EDUCATIONAL ASSISTANCE.—(1)(A) Any in- the decline in American innovation. science, technology, engineering, dividual eligible for educational assistance The United States graduates some of math, and foreign languages and pro- under this section may contribute amounts the world’s best engineers, scientists, vide them with the incentives nec- for purposes of receiving an increased and mathematicians, but a far higher essary to pursue careers in those fields. amount of educational assistance as provided proportion of the students in China, Today’s students are tomorrow’s for in paragraph (2). India, South Korea, and Japan are fo- ‘‘(B) An individual covered by subpara- innovators, scientists, and technology graph (A) may make the contributions au- cusing on these fields. The National leaders, and we can’t afford not to in- thorized by that subparagraph at any time Academies of Science reports that in vest in them. I encourage my col- while a member of a reserve component, but 2004, only 32 percent of the under- leagues to join me in cosponsoring the not more frequently than monthly. graduate degrees awarded in the United Homeland Security Education Act.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5589 Mr. President, I ask unanimous con- (b) SCHOLARSHIPS FOR SCIENCE, TECH- ‘‘(2) FINAL REGULATIONS.—Not later than sent that the text of the bill be printed NOLOGY, ENGINEERING, MATHEMATICS, AND 180 days after the last day of the comment in the RECORD. FOREIGN LANGUAGE EDUCATION.—Part A of period for the proposed regulations under There being no objection, the text of title IV of the Higher Education Act of 1965 paragraph (1)(A), the Secretary shall promul- the bill was ordered to be printed in (20 U.S.C. 1070 et seq.) is amended by adding gate the final regulations to carry out this at the end the following: section. the RECORD, as follows: ‘‘Subpart 9—Scholarships for Science, Tech- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— S. 1294 nology, Engineering, Mathematics, and For- There are authorized to be appropriated to Be it enacted by the Senate and House of Rep- eign Language Education carry out this section $100,000,000 for fiscal resentatives of the United States of America in ‘‘SEC. 420K. SCHOLARSHIPS FOR SCIENCE, TECH- year 2008, and such sums as may be necessary Congress assembled, NOLOGY, ENGINEERING, MATHE- for each of the 5 succeeding fiscal years.’’. SECTION 1. SHORT TITLE. MATICS, AND FOREIGN LANGUAGE SEC. 4. FEDERAL GRANTS TO PUBLIC SCHOOLS. This Act may be cited as the ‘‘Homeland EDUCATION. (a) IN GENERAL.—Title V of the Elementary Security Education Act’’. ‘‘(a) PURPOSE.—It is the purpose of this and Secondary Education Act of 1965 (20 SEC. 2. FINDINGS AND PURPOSE. section to award scholarships to students to U.S.C. 7201 et seq.) is amended by adding at (a) FINDINGS.—Congress makes the fol- provide incentives for pursuing and obtain- the end the following: lowing findings: ing a baccalaureate degree in science, tech- ‘‘PART E—STRENGTHENING (1) Investing in science, technology, engi- nology, engineering, mathematics, or a crit- MATHEMATICS AND SCIENCE EDUCATION neering, mathematics, and foreign language ical foreign language. ‘‘SEC. 5701. DEFINITIONS. education is essential to maintaining the ‘‘(b) DEFINITIONS.—In this section: ‘‘In this part: competitive advantage and national security ‘‘(1) CRITICAL FOREIGN LANGUAGE.—The ‘‘(1) CONDITIONAL AGREEMENT.—The term of the United States. Significant improve- term ‘critical foreign language’ means any ‘conditional agreement’ means an arrange- ments in the quantity and quality of science, language identified as critical by the Na- ment between representatives of the private technology, engineering, mathematics, and tional Security Education Board and the sector and a local educational agency to pro- foreign language instruction offered in Secretary. vide certain services and funds to the local United States elementary schools and sec- ‘‘(2) SCIENCE.—The term ‘science’ means educational agency, such as— ondary schools are necessary. any of the natural and physical sciences, in- ‘‘(A) the donation of computer hardware (2) For the past 3 decades, about one-third cluding chemistry, biology, physics, and and software; of the baccalaureate degrees awarded in the computer science. Such term shall not in- ‘‘(B) the donation of science laboratory United States have been granted in science clude any of the social sciences. equipment suitable for students in kinder- and engineering, compared to 59 percent in ‘‘(c) PROGRAM AUTHORIZED.—From the garten through grade 12; China and 66 percent in Japan. amounts appropriated under subsection (g), ‘‘(C) the establishment of internship and (3) The United States is behind its Euro- the Secretary shall carry out a program to mentoring opportunities for students who pean counterparts in foreign language skills, award scholarships in the amount of $5,000 participate in mathematics, science, and in- in that one-half of European citizens speak a each to individuals who meet each of the fol- formation technology programs under this second language while only 9 percent of lowing requirements: part; Americans speak another language. ‘‘(1) The individual agrees to obtain a bac- ‘‘(D) the donation of scholarship funds for (4) Elementary schools and secondary calaureate degree in science, technology, en- use at institutions of higher education by el- schools in the United States need more gineering, mathematics, or a critical foreign igible students who have participated in the qualified teachers, equipment, and resources language. mathematics, science, and information tech- to improve education in mathematics, ‘‘(2) The individual is a student at an insti- nology programs under this part; and science, and foreign languages. tution of higher education who is in good ‘‘(E) the donation of technology tools. (5) The optimum time to begin learning a academic standing and is capable, in the ‘‘(2) PRIVATE SECTOR.—The term ‘private second language is in elementary school, opinion of the Secretary, of maintaining sector’ includes corporations, institutions of when children have the ability to learn and good standing in such course of study. higher education, State or local government excel in several foreign language acquisition ‘‘(d) SELECTION OF RECIPIENTS.—The Sec- agencies, membership organizations, and skills, including pronunciation. retary shall promulgate regulations to estab- other similar entities involved in the mathe- (6) Foreign language study can increase lish a formula for the selection of scholar- matics and science fields. children’s capacity for critical and creative ship recipients under this section that— ‘‘(3) SCIENCE.—The term ‘science’ means thinking skills, and children who study a ‘‘(1) ensures fairness and equality for appli- any of the natural and physical sciences, in- second language show greater cognitive de- cants in the selection process, based on the cluding chemistry, biology, physics, and velopment in areas such as mental flexi- amounts appropriated under subsection (g); computer science. The term does not include bility, creativity, tolerance, and higher order and any of the social sciences. thinking skills. ‘‘(2) awards not less than 50 percent of (7) All people of the United States should amounts available under this section for an ‘‘SEC. 5702. FEDERAL GRANTS TO PUBLIC SCHOOLS. strive to have a global perspective. To under- academic year for scholarships to students ‘‘(a) GRANT PROGRAM AUTHORIZED.—The stand the world around us, we must acquaint who meet the requirements described in sub- Secretary shall establish a demonstration ourselves with the languages, cultures, and section (c) and are eligible for a Federal Pell program under which the Secretary shall history of other nations. Grant under subpart 1 for such year. ‘‘(e) FAILURE TO COMPLETE DEGREE.—If, by award grants to local educational agencies (8) Federal agencies have reported short- the end of the 5-year period beginning when to enable such agencies to— falls in language capability that is integral an individual receiving a scholarship under ‘‘(1) develop and implement programs to, or directly supports, every discipline and this section begins a program of study in ac- that— is an essential factor in national security cordance with the agreement described in ‘‘(A) build or expand mathematics and readiness, disaster response, law enforce- subsection (c)(1), the individual does not ob- science curricula; ment, information superiority, and coalition tain a baccalaureate degree in science, tech- ‘‘(B) provide— peacekeeping or warfighting missions. nology, engineering, mathematics, or a crit- ‘‘(i) a rich standards-based course of study (b) PURPOSE.—It is the purpose of this Act to ensure the national security and the com- ical foreign language, the individual shall rein mathematics and science to students; and petitiveness of the United States through in- imburse the Federal Government for the ‘‘(ii) opportunities for students who excel creasing the quantity, diversity, and quality amount of the scholarship, including inter- in mathematics or science, particularly stu- of the teaching and learning of subjects in est, at a rate and schedule to be determined dents who are members of traditionally the fields of science, technology, engineer- by the Secretary pursuant to regulations. underrepresented groups in the fields of ‘‘(f) REPORT TO CONGRESS.— ing, mathematics, and foreign language. mathematics or science, to be mentored by ‘‘(1) PROPOSED REGULATIONS.—Not later adults currently active in the appropriate SEC. 3. SCHOLARSHIPS FOR SCIENCE, TECH- NOLOGY, ENGINEERING, MATHE- than 180 days after the date of enactment of field; MATICS, AND FOREIGN LANGUAGE the Homeland Security Education Act, the ‘‘(2) provide mentoring opportunities for EDUCATION. Secretary shall— students in the fields of mathematics and (a) PURPOSE.—It is the purpose of this sec- ‘‘(A) publish the proposed regulations that science; tion to establish and implement a program the Secretary determines are necessary to ‘‘(3) upgrade existing laboratory facilities; to award scholarships to individuals who are carry out this section; and or citizens, nationals, or permanent legal resi- ‘‘(B) submit to the appropriate committees ‘‘(4) purchase the equipment necessary to dents of the United States or citizens of the of Congress a report on how the Secretary establish and maintain such programs. Freely Associated States (as defined in sec- plans— ‘‘(b) APPLICATION.— tion 103 of the Higher Education Act of 1965 ‘‘(i) to implement the program under this ‘‘(1) IN GENERAL.—A local educational (20 U.S.C. 1003)), to serve as incentives for section; and agency desiring a grant under this section students to obtain degrees in science, tech- ‘‘(ii) to advertise such program to institu- shall submit an application to the Secretary nology, engineering, mathematics, and for- tions of higher education and potential ap- at such time, in such manner, and con- eign language. plicants. taining such information as the Secretary

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may require by regulation, in accordance ‘‘Sec. 5702. Federal grants to public schools. (2) FAILURE TO TEACH.—If an individual with paragraph (3). ‘‘Sec. 5703. Authorization of appropria- who receives a scholarship under this section ‘‘(2) CONTENTS.—The application described tions.’’. does not comply with paragraph (1), the indi- in paragraph (1) shall include— SEC. 5. FROM THE LABORATORY TO THE CLASS- vidual shall reimburse the Federal Govern- ‘‘(A) a description of the proposed activi- ROOM SCHOLARSHIPS. ment for the amount of such scholarship, in- ties under the grant, consistent with the (a) PURPOSE.—The purpose of this section cluding interest, at a rate and schedule to be uses of funds described in subsection (a); is to increase the amount of elementary and determined by the Secretary. ‘‘(B) a description of how programs under secondary educators with a background and (f) AUTHORIZATION OF APPROPRIATIONS.— the grant will involve innovative experience expertise in scientific or engineering sub- There are authorized to be appropriated to learning, such as laboratory experience; jects by awarding scholarships to practicing carry out this section— (1) $300,000,000 for fiscal year 2008; ‘‘(C) a description of any mathematics and scientists and engineers to encourage them (2) $375,000,000 for fiscal year 2009; science mentoring component (which may to return to school to become certified or li- (3) $450,000,000 for fiscal year 2010; and take place at the school, at a workplace and censed elementary and secondary teachers in (4) $600,000,000 for each of the fiscal years paired with internships, or via the Internet), those disciplines. including— 2011 through 2014. (b) DEFINITIONS.—In this section: ‘‘(i) the program model and goals; SEC. 6. ENCOURAGING EARLY FOREIGN LAN- (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- GUAGE STUDIES. ‘‘(ii) the anticipated number of students ble individual’’ means a person who— served; (a) IN GENERAL.—Title II of the Elemen- (A) is a citizen, national, or permanent tary and Secondary Education Act of 1965 (20 ‘‘(iii) the criteria for selecting students for legal resident of the United States or a cit- the mentoring component; and U.S.C. 6601 et seq.) is amended by adding at izen of 1 of the Freely Associated States (as ‘‘(iv) the mentoring best practices that will the end the following: defined in section 103 of the Higher Edu- be followed; ‘‘PART E—ENCOURAGING EARLY FOREIGN cation Act of 1965 (20 U.S.C. 1003)); ‘‘(D) a description of any applicable higher LANGUAGE STUDIES (B) holds a baccalaureate or graduate de- education scholarship program, including— gree in a scientific or engineering field from ‘‘SEC. 2501. ENCOURAGING EARLY FOREIGN LAN- ‘‘(i) the criteria for student selection; GUAGE STUDIES. an institution of higher education; and ‘‘(ii) the duration of the scholarships; ‘‘(a) PURPOSE.—It is the purpose of this (C) has not less than 3 years of work expe- ‘‘(iii) the number of scholarships to be section to improve the performance of stu- rience in a scientific or engineering position. awarded each year; and dents in the study of foreign languages by (2) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(iv) the funding levels for the scholar- encouraging States, institutions of higher term ‘‘institution of higher education’’ has ships; education, elementary schools, and sec- the meaning given the term in section 101(a) ‘‘(E) evidence of the private sector partici- ondary schools to participate in programs of the Higher Education Act of 1965 (20 U.S.C. pation and support in cash or in kind, as re- that— 1001(a)). quired under subsection (c); and ‘‘(1) upgrade the status and stature of for- (3) QUALIFIED EXPENSES.—The term ‘‘quali- ‘‘(F) an assurance that, upon receipt of a eign language teaching by encouraging insti- fied expenses’’ means the tuition, books, grant under this part, the local educational tutions of higher education to assume great- fees, supplies, and equipment required for a agency will— er responsibility for improving foreign lan- course of instruction, at the institution of ‘‘(i) execute a conditional agreement with guage teacher education through the estab- higher education the eligible individual a representative of the private sector; and lishment of a comprehensive, integrated sys- chooses to attend, that leads to elementary ‘‘(ii) enter into an agreement with the Sec- tem of recruiting and advising such teachers; or secondary teaching certification or licen- retary to comply with the requirements of ‘‘(2) focus on the education of foreign lan- sure in any State, and other expenses for this part. guage teachers as a career-long process that completing a teacher preparatory program ‘‘(3) REGULATIONS.—Not later than 180 days should continuously stimulate the teachers’ or obtaining a teaching certificate or li- after the date of enactment of the Homeland intellectual growth and upgrade the teach- cense. Security Education Act, the Secretary shall ers’ knowledge and skills; (4) SCIENTIFIC OR ENGINEERING.—The term issue and publish proposed regulations for ‘‘(3) bring foreign language teachers in ele- ‘‘scientific or engineering’’ means any dis- this subsection. Not later than 180 days after mentary schools and secondary schools to- cipline within the natural sciences, physical the date on which the period for comment gether with linguists or higher education sciences, technology, mathematics, or engi- concerning the proposed regulations ends, foreign language professionals to increase neering subject areas. the Secretary shall issue the final guidelines the subject matter knowledge and improve (5) STATE.—The term ‘‘State’’ means each under this subsection. the teaching skills of teachers through the of the several States of the United States ‘‘(c) PRIVATE SECTOR PARTICIPATION.—A use of more sophisticated resources that in- local educational agency receiving a grant and the District of Columbia. stitutions of higher education are better able under this section shall enter into a condi- (c) PROGRAM AUTHORIZED.— to provide than the schools; and tional agreement with a representative of (1) IN GENERAL.—From amounts appro- ‘‘(4) develop more rigorous foreign lan- the private sector regarding the programs priated under subsection (f), the Secretary of guage curricula that are aligned with— carried out under this section, including not Education shall award scholarships to eligi- ‘‘(A) professional accepted standards for el- less than 1 conditional agreement with a pri- ble individuals which shall be used to enable ementary and secondary education instruc- vate sector entity that has agreed to recruit the individuals to pay for qualified expenses tion; and the entity’s employees or members in the and attend an institution of higher edu- ‘‘(B) the standards expected for postsec- mathematics and science fields to serve as cation of the individual’s choosing. ondary study in foreign language. mentors to students. (2) DESIGNATION.—A scholarship awarded ‘‘(b) DEFINITIONS.—In this section: ‘‘(d) AWARD BASIS.— under this section shall be known as a ‘‘(1) CRITICAL FOREIGN LANGUAGES.—The ‘‘(1) IN GENERAL.—The Secretary shall se- ‘‘From the Laboratory to the Classroom term ‘critical foreign languages’ refers to lect a local educational agency to receive a Scholarship’’. any language identified as critical by the Na- grant under this section on the basis of (d) AMOUNT; DURATION.— tional Security Education Board and the merit, as determined after the Secretary has (1) AMOUNT.—A scholarship awarded under Secretary. conducted a comprehensive review of the ap- this section shall be in an amount of not ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eli- plication. more than $15,000 per year. gible partnership’ means a partnership ‘‘(2) PRIORITY.—In awarding grants under (2) DURATION OF SCHOLARSHIP.—A scholar- that— this section, the Secretary shall give pri- ship awarded to an eligible individual under ‘‘(A) shall include— ority to a local educational agency that is a this section shall be for the period of time ‘‘(i) a foreign language department of an high need local educational agency (as such required for the individual to complete a institution of higher education; and term is defined in section 201(b) of the Higher course of study leading to elementary or sec- ‘‘(ii) a local educational agency; and Education Act of 1965). ondary school teacher certification or licen- ‘‘(B) may include— ‘‘SEC. 5703. AUTHORIZATION OF APPROPRIA- sure in a State or a territory of the United ‘‘(i) another foreign language department, TIONS. States, except that no scholarship shall ex- or a teacher training department, of an insti- ‘‘There are authorized to be appropriated ceed a period of 2 years. tution of higher education; to carry out this part $75,000,000 for fiscal (e) TERMS OF SCHOLARSHIP.— ‘‘(ii) another local educational agency, or year 2008, and such sums as may be necessary (1) EMPLOYMENT AS TEACHER.—As a condi- an elementary school or secondary school; for each of the 5 succeeding fiscal years.’’. tion of receiving a scholarship under this ‘‘(iii) a business; (b) TABLE OF CONTENTS.—The table of con- section, an eligible individual shall agree to ‘‘(iv) a nonprofit organization, including a tents in section 2 of the Elementary and Sec- be employed full-time as an elementary or museum; ondary Education Act of 1965 is amended by secondary education teacher in science, ‘‘(v) a heritage or community center for inserting after the item relating to section mathematics, or engineering at a high-need, language study; 5618 the following: low-income school, as determined by the ‘‘(vi) a national language resource and ‘‘PART E—STRENGTHENING MATHEMATICS AND Secretary, for a period of not less than 5 training center authorized under part A of SCIENCE EDUCATION years after receiving the teacher certifi- title VI of the Higher Education Act of 1965; ‘‘Sec. 5701. Definitions. cation or licensure. or

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‘‘(vii) the State foreign language coordi- section may use the grant funds to carry out (c) REGULATIONS AND REQUIREMENTS.—The nator or State educational agency. activities such as— Secretary of Education shall promulgate ‘‘(3) HIGH NEED LOCAL EDUCATIONAL AGEN- ‘‘(1) creating opportunities for enhanced regulations for the awarding of grants under CY.—The term ‘high need local educational and ongoing professional development that subsection (b). agency’ has the meaning given the term in improves the subject matter knowledge of (d) APPLICATION.—An institution of higher section 201(b) of the Higher Education Act of foreign language teachers; education desiring a grant under this section 1965. ‘‘(2) recruiting students from 4-year insti- shall submit an application to the Secretary ‘‘(4) SUMMER WORKSHOP OR INSTITUTE.—The tutions of higher education with foreign lan- of Education at such time, in such manner, term ‘summer workshop or institute’ means guage majors for teaching; and containing such information as the Sec- a workshop or institute that— ‘‘(3) promoting strong teaching skills for retary shall require. ‘‘(A) is conducted for a period of not less foreign language teachers and teacher edu- (e) USE OF FUNDS.—An institution of high- than 2 weeks during the summer; cators; er education receiving a grant under this section shall use grant funds for, among ‘‘(B) provides direct interaction between ‘‘(4) establishing foreign language summer other things— students and faculty; and workshops or institutes (including followup (1) the development of an on-campus cul- ‘‘(C) provides for followup training during training) for teachers; tural awareness program by which students the academic year that— ‘‘(5) establishing distance learning pro- attend classes taught in the foreign language ‘‘(i) except as provided in clause (ii) or (iii), grams for foreign language teachers; and study the science, technology, or engi- shall be conducted in the classroom for a pe- ‘‘(6) designing programs to prepare a teach- neering developments and practices in a non- riod of not less than 3 days, which may or er at a school to provide professional devel- English-speaking country; may not be consecutive; opment to other teachers at the school and (2) immersion programs where students ‘‘(ii) if the program described in subpara- to assist novice teachers at the school, in- study science, technology, or engineering re- graph (A) is for a period of not more than 2 cluding (if applicable) a mechanism to inte- lated coursework in a non-English-speaking weeks, shall be conducted for a period of grate experiences from a summer workshop country; and more than 3 days; and or institute; and (3) other programs, such as summer work- ‘‘(iii) may be conducted through distance ‘‘(7) developing instruction materials. shops, that emphasize the intense study of a ‘‘(f) EVALUATION AND ACCOUNTABILITY education. foreign language and science, technology, or PLAN.—Each eligible partnership receiving a ‘‘(c) GRANTS TO PARTNERSHIPS.— engineering. grant under this section shall develop an ‘‘(1) IN GENERAL.—The Secretary is author- (f) GRANT DISTRIBUTION.—In awarding ized to award grants, on a competitive basis, evaluation and accountability plan for ac- grants to institutions of higher education to eligible partnerships to enable the eligible tivities assisted under this section that in- under this section, the Secretary of Edu- partnerships to pay the Federal share of the cludes strong performance objectives and cation shall give priority to— costs of carrying out the authorized activi- measures for— (1) institutions that have programs focus- ties described in this section. ‘‘(1) increased participation by students in ing on a curriculum that combines the study ‘‘(2) DURATION.—A grant awarded under advanced courses in foreign language; of foreign languages and the study of science this section shall be for a period of 5 years. ‘‘(2) increased percentages of secondary and technology and produces graduates who ‘‘(3) FEDERAL SHARE.—The Federal share of school classes in foreign language taught by have both skills; and the costs of the activities described in this teachers with academic majors in foreign (2) institutions teaching the languages section shall be— language; and identified as critical by the National Secu- ‘‘(A) 75 percent of the costs for the first ‘‘(3) increased numbers of foreign language rity Education Board and the Secretary of year of a grant under this section; teachers who participate in content-based Education. ‘‘(B) 65 percent of such costs for the second professional development activities. (g) DEFINITIONS.—In this section: such year; and ‘‘(g) REPORT.—Each eligible partnership re- (1) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(C) 50 percent of such costs for each of the ceiving a grant under this section shall an- term ‘‘institution of higher education’’ has third, fourth, and fifth such years. nually report to the Secretary regarding the the meaning given such term in section 101 eligible partnership’s progress in meeting ‘‘(4) NON-FEDERAL SHARE.—The non-Federal of the Higher Education Act of 1965 (20 U.S.C. share of the costs of carrying out the author- the performance objectives described in sub- 1001). ized activities described in this section may section (f). (2) SCIENCE.—The term ‘‘science’’ means ‘‘(h) TERMINATION.—If the Secretary deter- be provided in cash or in kind, fairly evalu- any of the natural and physical sciences, in- mines that an eligible partnership is not ated. cluding chemistry, biology, physics, and making substantial progress in meeting the ‘‘(5) PRIORITY.—In awarding grants under computer science. Such term does not in- performance objectives described in sub- this section, the Secretary shall give pri- clude any of the social sciences. section (f) by the end of the third year of a ority to eligible partnerships— (h) AUTHORIZATION OF APPROPRIATIONS.— grant under this section, the Secretary shall ‘‘(A) that include high need local edu- There are authorized to be appropriated to not make grant payments to the eligible cational agencies; or carry out this section, $15,000,000 for fiscal partnership for the fourth and fifth years of ‘‘(B) that emphasize the teaching of the year 2008, and such sums as may be necessary the grant. for each succeeding fiscal year. critical foreign languages. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— SEC. 8. NATIONAL SECURITY EDUCATION PRO- PPLICATIONS ‘‘(d) A .— There are authorized to be appropriated to GRAM SERVICE AGREEMENT. ‘‘(1) IN GENERAL.—Each eligible partnership carry out this section $50,000,000 for fiscal Section 802(b)(2) of the David L. Boren Na- desiring a grant under this section shall sub- year 2008, and such sums as may be necessary tional Security Education Act of 1991 (50 mit an application to the Secretary at such for each succeeding fiscal year.’’. U.S.C. 1902(b)(2)) is amended to read as fol- time, in such manner, and accompanied by (b) TABLE OF CONTENTS.—The table of con- lows: such information as the Secretary may re- tents in section 2 of the Elementary and Sec- ‘‘(2) will— quire. ondary Education Act of 1965 is amended by ‘‘(A) in the case of a recipient of a scholar- ‘‘(2) CONTENTS.—An application submitted inserting after the item relating to section ship, not later than 3 years after the date of under paragraph (1) shall include— 2441 the following: the recipient’s completion of the study for ‘‘(A) an assessment of the teacher quality ‘‘PART E—ENCOURAGING EARLY FOREIGN which scholarship assistance was provided and professional development needs of all LANGUAGE STUDIES under the program, work— the schools and educational agencies partici- ‘‘Sec. 2501. Encouraging early foreign lan- ‘‘(i) for not less than 1 year in a position in pating in the eligible partnership with re- guage studies.’’. the Department of Defense, the Department spect to the teaching and learning of foreign of Homeland Security, the Department of languages; SEC. 7. SCIENCE, ENGINEERING, TECHNOLOGY, AND ADVANCED FOREIGN LAN- State, or any element of the intelligence ‘‘(B) a description of how the activities to GUAGE EDUCATION GRANT PRO- community that is certified by the Secretary be carried out by the eligible partnership GRAM. as contributing to national security; will be based on a review of relevant re- (a) PURPOSE.—It is the purpose of this sec- ‘‘(ii) if such recipient demonstrates to the search, and an explanation of why the activi- tion to support programs in institutions of Secretary of Defense that no position de- ties are expected to improve student per- higher education that encourage students— scribed in clause (i) is available, for not less formance and to strengthen the quality of (1) to develop an understanding of science, than 1 year in a position in another depart- foreign language instruction; and technology, and engineering; ment or agency of the Federal Government ‘‘(C) a description of— (2) to develop foreign language proficiency; that is certified by the Secretary as contrib- ‘‘(i) how the eligible partnership will carry and uting to national security; or out the authorized activities described in (3) to foster future international scientific ‘‘(iii) if such recipient demonstrates to the subsection (e); and collaboration. Secretary of Defense that no position de- ‘‘(ii) the eligible partnership’s evaluation (b) DEVELOPMENT.—The Secretary of Edu- scribed in clause (i) or (ii) is available, for and accountability plan in accordance with cation shall develop and carry out a program not less than 1 academic year in a position in subsection (f). to award grants to institutions of higher the field of education in a discipline related ‘‘(e) AUTHORIZED ACTIVITIES.—An eligible education that develop innovative programs to the studies supported under this section; partnership that receives a grant under this for the teaching of foreign languages. or

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‘‘(B) in the case of a recipient of a fellow- carry out this section $50,000,000 for fiscal (e) AUTHORIZATION OF APPROPRIATIONS.— ship, not later than 2 years after the date of year 2008 and each succeeding fiscal year. There are authorized to be appropriated to the recipient’s completion of the study for SEC. 10. WORLD LANGUAGE TEACHING SCHOLAR- carry out this section— which the fellowship assistance was provided SHIPS. (1) $300,000,000 for fiscal year 2008; under the program, work— (a) PURPOSE.—The purpose of this section (2) $375,000,000 for fiscal year 2009; ‘‘(i) for not less than 1 year in a position in is to increase the number of elementary (3) $450,000,000 for fiscal year 2010; and the Department of Defense, the Department school and secondary school educators with (4) $600,000,000 for each of the fiscal years of Homeland Security, the Department of foreign language proficiency by awarding 2011 through 2013. State, or any element of the intelligence scholarships to language proficient individ- SEC. 11. PILOT PROGRAM FOR STUDENT LOAN community that is certified by the Secretary uals to enable the individuals to become cer- REPAYMENT FOR FEDERAL EMPLOY- as contributing to national security; tified or licensed as foreign language teach- EES WITH CRITICAL SCIENCE, TECH- ‘‘(ii) if such recipient demonstrates to the NOLOGY, ENGINEERING, MATHE- ers. MATICS, AND FOREIGN LANGUAGE Secretary of Defense that no position de- (b) DEFINITIONS.—In this section: SKILLS. scribed in clause (i) is available, for not less (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (a) IN GENERAL.—Subchapter VII of chapter than 1 year in a position in another depart- ble individual’’ means a person who— 53 of title 5, United States Code, is amended ment or agency of the Federal Government (A) is a citizen, national, or permanent by inserting after section 5379 the following: that is certified by the Secretary as contrib- legal resident of the United States or is a ‘‘§ 5379a. Pilot program for student loan re- uting to national security; or citizen of 1 of the Freely Associated States payment for Federal employees with crit- ‘‘(iii) if such recipient demonstrates to the (as defined in section 103 of the Higher Edu- ical science, technology, engineering, math- Secretary of Defense that no position de- cation Act of 1965 (20 U.S.C. 1003)); ematics, and foreign language skills scribed in clause (i) or (ii) is available, for (B) holds at least a baccalaureate degree not less than 1 academic year in a position in ‘‘(a) In this section: from an institution of higher education; and ‘‘(1) The term ‘agency’ means any agency the field of education in a discipline related (C) demonstrates written and verbal flu- to the studies supported under this section.’’. that, based on the agency’s human capital ency in a critical foreign language. strategic plan, has a shortfall in the number SEC. 9. CRITICAL FOREIGN LANGUAGE EDU- (2) CRITICAL FOREIGN LANGUAGE.—The term of individuals possessing critical science, CATION PROGRAM. ‘‘critical foreign language’’ means any lan- (a) GRANTS AUTHORIZED.—From amounts technology, engineering, mathematics, and guage identified as critical by the National foreign language skills. appropriated under subsection (f), the Sec- Security Education Board and the Secretary retary of Education shall award grants to in- ‘‘(2) The term ‘human capital strategic of Education. plan’ means an agency’s strategic plan under stitutions of higher education to pay the (3) INSTITUTION OF HIGHER EDUCATION.—The Federal share of programs established by the section 306 of this title. term ‘‘institution of higher education’’ has ‘‘(3) The term ‘student loan’ means— institutions, in collaboration with elemen- the meaning given the term in section 101(a) tary schools and secondary schools, for lan- ‘‘(A) a loan made, insured, or guaranteed of the Higher Education Act of 1965 (20 U.S.C. under part B of title IV of the Higher Edu- guage learning pathways that train students 1001(a)). from kindergarten through graduate education Act of 1965 (20 U.S.C. 1071 et seq.); (4) QUALIFIED EXPENSES.—The term ‘‘quali- cation to be proficient in the critical foreign ‘‘(B) a loan made under part D or E of title fied expenses’’ means the tuition, books, IV of the Higher Education Act of 1965 (20 languages. fees, supplies, and equipment required for a (b) APPLICATION REQUIREMENTS.—An insti- U.S.C. 1087a et seq., 1087aa et seq.); or course of instruction, at the institution of tution of higher education desiring a grant ‘‘(C) a health education assistance loan higher education the eligible individual under this section shall submit an applica- made or insured under part A of title VII of chooses to attend, that leads to elementary tion to the Secretary at such time, in such the Public Health Service Act (42 U.S.C. 292 or secondary teaching certification or licen- manner, and containing such information as et seq.) or under part E of title VIII of such sure in any State, and other expenses for the Secretary of Education shall require. In Act (42 U.S.C. 297a et seq.). completing a teacher preparatory program the application, the institution of higher ‘‘(b) The Director of the Office of Personnel or obtaining a teaching certificate or li- education shall— Management shall establish and administer cense. (1) demonstrate the ability of the institu- a program under which not less than 3 but (5) STATE.—The term ‘‘State’’ means each tion to collaborate effectively with elemen- not more than 5 agencies, for a period of 5 of the several States of the United States tary schools and secondary schools to ensure years, shall set aside an amount, as de- and the District of Columbia. that students who successfully achieve an scribed in subsection (d), to fund a student advanced proficiency level in a critical for- (c) PROGRAM AUTHORIZED.— loan repayment program under section 5379 eign language at such schools will continue (1) IN GENERAL.—From amounts appro- of this title to repay (by direct payments on studying a foreign language at an institution priated under subsection (e), the Secretary of behalf of the employee) any student loan pre- of higher education and achieve a superior Education shall award scholarships to eligi- viously taken out by employees possessing proficiency level while enrolled in an aca- ble individuals that shall be used to pay for science, technology, engineering, mathe- demic degree program; the qualified expenses of a teacher certifi- matics, or foreign language skills deemed (2) demonstrate that the program designed cation or licensure program. critical to an agency under the agency’s ESIGNATION human capital strategic plan. by the institution under this section can be (2) D .—A scholarship under this section shall be known as a ‘‘World Lan- ‘‘(c) A program established under this sec- replicated for use by other institutions of tion shall remain in effect for the 5-year pe- higher education and elementary schools and guage Teaching Scholarship’’. (d) AMOUNT; DURATION; TERMS.— riod beginning on the date of enactment of secondary schools in the United States; and the Homeland Security Education Act. Not- (3) agree to provide the non-Federal share (1) AMOUNT.—A scholarship awarded under this section shall be in an amount of not withstanding the previous sentence, such of the costs of the program under this sec- program shall continue to pay an employee tion. more than $15,000 per year. (2) DURATION OF SCHOLARSHIP.—A scholar- recruited under this program who is in com- (c) FEDERAL SHARE; NON-FEDERAL SHARE.— pliance with this section and section 5379 of The Federal share of the costs of the pro- ship awarded to an eligible individual under this section shall be for the number of years this title the employee’s benefits under this gram under this section shall be not more section through the commitment period in than 90 percent of such costs. The non-Fed- required to complete a course of study leading to elementary or secondary school teach- accordance with section 5379(c). eral share shall be not less than 10 percent of ‘‘(d) Each agency participating in this pro- ing certification or licensure in a State or a such costs, and may be provided in cash or in gram shall set aside enough funds to repay territory of the United States, except that kind, fairly evaluated. the student loans of at least one-half of the no scholarship shall exceed a period of 2 (d) PROGRAM.—A program assisted under number of employees needed with critical years. this section may include— science, technology, engineering, mathe- (3) TERMS OF SCHOLARSHIP.— (1) study or work abroad opportunities; matics, or foreign language skills, according (A) EMPLOYMENT AS A TEACHER.—As a con- (2) experiential and community learning; to the agency’s human capital strategic (3) distance learning; dition of receiving a scholarship under this plan. (4) language learning for professional pur- section, an eligible individual shall agree to ‘‘(e)(1) Not later than 60 days after the date poses, business, and other disciplines; and be employed full-time as a foreign language of enactment of the Homeland Security Edu- (5) innovative opportunities for language elementary or secondary education teacher cation Act and after consultations with the learning through immersion, internships, at a high-need, low-income school, as deter- heads of agencies, the Director of the Office and community service. mined by the Secretary, for a period of not of Personnel Management shall propose reg- (e) DEFINITION OF CRITICAL FOREIGN LAN- less than 5 years. ulations for the pilot program. GUAGE.—In this section, the term ‘‘critical (B) FAILURE TO TEACH.—If an individual ‘‘(2) Not later than 180 days after the date foreign language’’ means any language iden- who receives a scholarship under this section on which the comment period for proposed tified as critical by the National Security does not comply with subparagraph (A), the regulations under paragraph (1) ends, the Di- Education Board and the Secretary of Edu- individual shall reimburse the Federal Gov- rector of the Office of Personnel Manage- cation. ernment for the amount of such scholarship, ment shall promulgate final regulations. (f) AUTHORIZATION OF APPROPRIATIONS.— including interest, at a rate and schedule to ‘‘(f)(1)(A) Not later than 180 days after the There is authorized to be appropriated to be determined by the Secretary. date of enactment of the Homeland Security

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5593 Education Act, the Director of the Office of are failing to develop the next genera- we also need to encourage students to Personnel Management shall report to the tion of workers. As a recent study by study languages, science, technology, appropriate committees of Congress on the the National Center for Public Policy engineering, and math by underscoring implementation of the program under this and Higher Education observes, in the the importance of these subjects to our section. ‘‘(B) As part of its annual report on the United States ‘‘about one-quarter of 15- country’s security and economic well- Federal Government’s student loan repay- year-olds fall into the lowest pro- being. As Secretary of Education Mar- ment program under section 5379, the Direc- ficiency level on assessments of skills garet Spellings noted in January 2006, tor of the Office of Personnel Management and knowledge.’’ The United States only 44 percent of this country’s high shall report on the status of the program es- ranks 16th among 27 countries in the school students are studying any for- tablished under this section and the success number of students who earn a college eign language, while learning a second of such program in recruiting and retaining degree or certificate. We can delay no or even a third language is compulsory employees possessing such skills, including longer in taking the steps to train stu- for students in the European Union, an assessment as to whether the program should be expanded to other agencies or to dents to compete and thrive in a multi- China, Thailand, and many other na- individuals possessing other critical skills. lingual and technologically complex tions. Only 32 percent of undergradu- ‘‘(2) The head of each agency establishing a environment. ates in the United States receive their student loan repayment program under this Our bill the Homeland Security Edu- degrees in science and engineering section shall provide any necessary informa- cation Act, provides schools with the compared to 59 percent in China and 66 tion to the Director of the Office of Per- framework they need to prepare our percent in Japan. Our children deserve sonnel Management to enable the Director Nation’s youth for the future. Its en- better opportunities to become math, to carry out this subsection. actment is a critical step in reener- science, and language proficient. The ‘‘(g) For the purpose of enabling the Fed- gizing and reinvigorating our edu- eral Government to recruit and retain em- Homeland Security Education Act ployees possessing critical science, tech- cation system to meet the needs of our helps correct this growing skill gap be- nology, engineering, mathematics, and for- Nation. It will increase students’ pro- tween students in the United States eign language skills under this section, there ficiency in foreign languages and en- and students across the globe by pro- are authorized to be appropriated such sums courage them to become scientists and viding scholarships for students to earn as may be necessary to carry out this section engineers. their degrees in STEM or a foreign lan- for each fiscal year.’’. The Homeland Security Education guage. (b) TECHNICAL AND CONFORMING AMEND- Act provides schools with the equip- Mr. President, education is the foun- MENT.—The table of sections for chapter 53 of ment and materials necessary to teach dation of our Nation’s long-term secu- title 5, United States Code, is amended by in- STEM and foreign language courses by serting after the item relating to section 5379 rity. In order to fulfill our role as a the following: encouraging public private partner- world leader, this Nation needs Ameri- ships to improve science and math cur- ‘‘Sec. 5379a. Pilot program for student loan cans who are well educated and can repayment for Federal employ- ricular—upgrade laboratory facilities; communicate and compete in a global ees with critical science, tech- provide scholarships for students to environment. The bill we are intro- nology, engineering, mathe- study math, science, or engineering at ducing today will help us meet this es- matics, and foreign language the university level; and Establish in- sential goal. skills.’’. ternship and mentoring opportunities Mr. AKAKA. Mr. President, I rise for students in grades K–12; developing By Mr. KERRY (for himself and today, along with my friends Senators cultural awareness and immersion pro- Mr. REED): DURBIN and COCHRAN, to reintroduce grams in colleges and universities that S. 1298. A bill to amend the Social Se- legislation that will provide students combine science, technology, and engi- curity Act to establish a Federal Rein- much needed educational opportunities neering instruction with foreign lan- surance Program for Catastrophic in foreign languages and science, tech- guage to expand international under- Health Care Costs; to the Committee nology engineering and mathematics, standing and scientific collaboration; on Finance. STEM. and creating language learning path- Mr. KERRY. Mr. President, States The future economic health and secu- ways to facilitate proficiency in crit- like my home state of Massachusetts rity of our Nation depends on programs ical foreign languages from kinder- are setting an example for the rest of such as those called for in our legisla- garten through graduate school. the country by taking bold steps to tion. This country’s national security In addition, this act addresses the provide quality health coverage for ev- depends upon having a workforce with shortage of STEM and foreign language eryone. Now it is time for Washington the necessary science, technology, en- teachers. Our Nation needs mathemati- to do the same by bringing meaningful, gineering, math, and foreign language cians, scientists, and linguists in order affordable healthcare to the uninsured, skills to rapidly and efficiently adapt to compete in a global mart. Accord- in Massachusetts and across America. to the challenges of globalization. Yet, ingly, our bill awards scholarships in In Massachusetts there is still a we are falling behind. the amount of $15,000 to language pro- major obstacle in the overall goal of According to a study conducted by ficient individuals and to practicing universal coverage: cost. The fact is the Committee on Economic Develop- scientists and engineers to encourage the problem of the uninsured can’t be ment, the Federal Bureau of Investiga- them to become certified to teach solved unless the issue of skyrocketing tion and other Federal Government these critical skills to students in health costs to families and businesses agencies do not have a sufficient num- high-need, low-income schools. The bill is also tackled. And fully reforming the ber of personnel trained in critical lan- would also allow National Security healthcare system will require that the guages to translate intelligence infor- Education Program scholarship and Federal Government begin shouldering mation in a timely manner. Similarly, fellowship recipients to meet their some of the burden to help alleviate a GAO report issued August 4, 2006, service requirements by teaching in costs. GAO–06–894 noted that the State De- critical areas if they cannot find a na- Healthcare costs are highly con- partment was still suffering from gaps tional security position in the Federal centrated in this country. The very few in language proficiency which could service. In addition, a key provision who suffer from catastrophic illness or adversely impact its ability to commu- awards grants to build professional de- injury drive costs up for everyone. One nicate with foreign audiences and exe- velopment programs, summer work- percent of patients account for 25 per- cute critical duties. shops or institutes, and foreign lan- cent of healthcare costs, and 20 percent We all know that we live in a global guage distance learning programs for of patients account for 80 percent of marketplace. The United States, which elementary and secondary school costs. To make healthcare more afford- has the world’s largest economy, is the teachers in order to facilitate partner- able, we must find a better way to engine for global economic growth. ships between 12 schools and institu- share the immense burden of insuring However, this also means that Amer- tions of higher education. the chronically ill and seriously in- ican workers must compete with others Not only do we need to encourage injured. in the global market for skilled labor. dividuals and professionals to become Part of the reason that businesses The signs have long been clear that we teachers in these critical need areas, and health plans today fail to cover

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5594 CONGRESSIONAL RECORD — SENATE May 3, 2007 their workers is an aversion to risk, a There being no objection, the text of ‘‘(iv) A plan that offers coverage through fear that they will be saddled with a the bill was ordered to be printed in health purchasing cooperatives in conjunc- sick employee whose high premiums the RECORD, as follows: tion with a State health program that makes available health insurance coverage to the will bankrupt them. And patients who S. 1298 small group market and the individual mar- are catastrophically ill or injured often Be it enacted by the Senate and House of Rep- ket on the same terms and that meets the face the tragic combination of failing resentatives of the United States of America in requirements described in subparagraph (B). health and financial peril. But there’s a Congress assembled, ‘‘(B) REQUIREMENTS.—The requirements de- way to combat these costs. SECTION 1. SHORT TITLE. scribed in this subparagraph are that— Congress should make employers and This Act may be cited as the ‘‘Healthy ‘‘(i) the plan involved— healthcare plans an offer they can’t Businesses, Healthy Workers Reinsurance ‘‘(I) provides eligibility for health insur- refuse. It’s called ‘‘reinsurance.’’ Rein- Act of 2007’’. ance coverage (after any waiting period (as surance provides a backstop for the SEC. 2. FINDINGS. defined in section 9801(b)(4))) to all full-time Congress finds the following: high costs of healthcare. The Federal employees of the employer maintaining or (1) The cost of health insurance premiums contributing to the plan; Government will reimburse a percent- for families has risen 87 percent since 2000, ‘‘(II) ensures that if there is a deductible age of the highest cost cases if employ- nearly 4 times the growth in overall infla- under the plan, such deductible does not ex- ers agree to offer a substantive insur- tion and workers earnings. ceed $1,000 for an individual and $2,000 for a ance benefit to all full time employees, (2) Health insurance premium increases family; including preventative care and health have resulted in a nearly 10 percentage point ‘‘(III) ensures that the plan offers prevent- promotion benefits that are proven to drop in the number of firms choosing to offer ative benefits; and make care affordable. This means coverage to their workers over that time pe- ‘‘(IV) ensures that the plan employs effec- riod. lower costs and lower premiums for tive high-cost case management tools (in ac- (3) Today, just 48 percent of firms with be- cordance with the definition of disease man- both employers and employees. If the tween 3 and 9 employees offer health insur- agement by the Disease Management Asso- Federal Government can help small ance benefits, down from 58 percent in 2001. ciation of America) in order to reduce costs and large businesses bear the burden of (4) The decline in employer-sponsored cov- over time; and cost in the most expensive cases, we’ll erage has added to the growing problem of ‘‘(ii) the employer maintaining or contrib- dramatically improve the health of ev- the uninsured. An additional 4 million Amer- uting to the plan involved pays at least 50 eryone. icans have been added to the ranks of the un- percent of the costs of health insurance cov- Today I am introducing the Healthy insured since 2001. erage for each employee covered under the Businesses, Healthy Workers Reinsur- (5) Health care costs are highly con- plan (regardless of whether the employee is a centrated. Twenty percent of the population full-time or part-time employee). ance Act, a bill that will make Govern- that is catastrophically or chronically ill ac- ‘‘(C) COST-OF-LIVING ADJUSTMENT.— ment a partner in helping businesses counts for 80 percent of the health care ‘‘(i) IN GENERAL.—In the case of any cal- with the heavy financial burden of spending, with just 1 percent driving a full 22 endar year after 2009. each dollar amount in those catastrophic cases: those that percent of health care costs. subparagraph (B)(ii) shall be increased by an use over $50,000 in a single year in SEC. 3. FEDERAL REINSURANCE PROGRAM FOR amount equal to— healthcare costs. Healthy Businesses, CATASTROPHIC HEALTH CARE ‘‘(I) such dollar amount, multiplied by Healthy Workers will protect business COSTS. ‘‘(II) the cost-of-living adjustment deter- (a) PROGRAM.—The Social Security Act (42 owners from skyrocketing premiums, mined under section 1(f)(3) of the Internal U.S.C. 301 et seq.) is amended by adding at Revenue Code of 1986 for such calendar year and provide more working families af- the end the following new title: determined by substituting ‘calendar year fordable, quality healthcare. With rein- ‘‘TITLE XXII—FEDERAL REINSURANCE 2008’ for ‘calendar year 1992’ in subparagraph surance, health insurance premiums PROGRAM FOR CATASTROPHIC HEALTH (B) thereof. for all of us will go down, by up to 10 CARE COSTS ‘‘(ii) DATE FOR DETERMINATION.—For pur- percent under this plan. This plan does ‘‘SEC. 2201. OFFICE OF FEDERAL REINSURANCE. poses of clause (i), section 1(f)(4) of such Code have a cost associated with it, but the ‘‘(a) IN GENERAL.—There is established shall be applied by substituting ‘March 31’ benefits will outweigh the costs. We within the Department of Health and Human for ‘August 31’, and the Secretary of the spend hundreds of billions of dollars Services an office to be known as the ‘Office Treasury shall publish the adjusted amounts under subparagraph (B)(ii) for the calendar each year on inefficient and wasteful of Federal Reinsurance’. ‘‘(b) DUTY.—The Office of Federal Reinsur- year not later than June 1 of the preceding health expenditures. We need to make ance shall establish and administer the Fed- calendar year. sure that these funds are being spent eral Reinsurance Program for Catastrophic ‘‘(iii) ROUNDING.—If any increase under wisely to ensure that we can lower Health Care Costs in accordance with the clause (i) is not a multiple of $50, such in- health care costs and improve cov- provisions of this title. crease shall be rounded to the nearest mul- erage. ‘‘SEC. 2202. PROGRAM. tiple of $50. I believe that even in today’s sharply ‘‘(a) ESTABLISHMENT.— ‘‘(D) EMPLOYER.—For purposes of this title, divided Washington, this plan is fea- ‘‘(1) IN GENERAL.—The Office shall estab- the term ‘employer’ includes the Federal sible. There is a growing bipartisan lish and administer a Federal Reinsurance government and any other governmental en- Program for Catastrophic Health Care Costs tity (within the meaning of section 5000(d) of consensus that the Federal Govern- Internal Revenue Code of 1986). ment has a responsibility to help the under which reinsurance payments are provided to eligible health plans that experience ‘‘(b) ENROLLMENT.— catastrophically ill. Consider the Medi- catastrophic health care costs during a year ‘‘(1) PROCEDURES.—The Office shall estab- care prescription drug program: De- with respect to an individual covered under lish procedures for the enrollment of eligible spite its flaws, the bill did cover 95 per- the plan. For purposes of this title, the term health plans in the Program. cent of the cost of prescription drugs ‘individual covered under the plan’ includes ‘‘(2) APPLICATION AND ANNUAL RECERTIFI- once seniors passed through the disas- employees, retirees, spouses, and dependants. CATION.— trous ‘‘doughnut hole’’ in their cov- ‘‘(2) PROGRAM TO BEGIN IN 2009.—The Office ‘‘(A) IN GENERAL.—The procedures estab- erage. The same approach has been shall establish the Program in a manner so lished under paragraph (1) shall include a used to protect the insurance market that reinsurance payments are made with re- process for an eligible health plan— spect to catastrophic health care costs oc- ‘‘(i) to submit an application to the Office from going under in case of another curring on or after January 1, 2009. for enrollment in the Program; and catastrophic act of terrorism. ‘‘(3) ELIGIBLE HEALTH PLAN.— ‘‘(ii) to be annually recertified for enroll- As we take the next steps toward al- ‘‘(A) IN GENERAL.—In this title, the term ment in the Program. leviating our Nation’s healthcare cri- ‘eligible health plan’ means any of the fol- ‘‘(B) REQUIREMENT.—The application and sis, a commonsense partnership be- lowing: recertification process under subparagraph tween employers, families, and the ‘‘(i) A group health plan that meets the re- (A) shall require that an eligible health plan government to share the costs of the quirements described in subparagraph (B). submit to the Office— sickest among us will lay the ground- ‘‘(ii) A governmental plan (as defined in ‘‘(i) a detailed description of the projected work for achieving our ultimate goal: section 3(32) of the Employee Retirement In- and actual reduction in total costs under the come Security Act of 1974) that meets the re- plan that are a result of the Program, in- healthcare coverage for every single quirements described in subparagraph (B). cluding both individual and employer por- American. ‘‘(iii) A multiemployer plan (as defined in tions; and I ask for unanimous consent that the section 3(37) of the Employee Retirement In- ‘‘(ii) such other information determined text of the bill be printed in the come Security Act of 1974) that meets the re- appropriate by the Office. RECORD. quirements described in subparagraph (B). ‘‘(3) APPROVAL.—

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‘‘(A) IN GENERAL.—The procedures estab- tiple of $1,000, such dollar amount shall be ‘‘(A) IN GENERAL.—Each report submitted lished under paragraph (1) shall provide for rounded to the nearest multiple of $1,000. under paragraph (1) shall contain— the approval or disapproval of applications ‘‘(b) REQUESTS FOR PAYMENT.—To be eligi- ‘‘(i) a detailed description of the Program, and requests for recertification submitted by ble for a reinsurance payment with respect including a detailed description of the im- eligible health plans under paragraph (2). to an individual for a year, an eligible health pact the Program has had on reducing pre- ‘‘(B) SPECIFIC REQUIREMENT.—The Office plan shall submit to the Office, at a time and miums for health insurance coverage and in- shall not approve an application or a request in a manner determined appropriate by the creasing the number of individuals with for recertification unless the Office finds Office, a request for payment that contains— health insurance coverage; and that the eligible health plan is reducing ‘‘(1) a certification— ‘‘(ii) any other information or rec- total costs under the plan, based on the in- ‘‘(A) that the plan paid or incurred cata- ommendations determined appropriate by formation submitted under paragraph (2)(B) strophic health care costs during the year the Comptroller General. and audits conducted under paragraph (4). with respect to the individual; and ‘‘(B) INDIVIDUAL MARKET.—The first report ‘‘(4) AUDITS.—The Office shall conduct au- ‘‘(B) of the amount of such costs; and submitted under paragraph (1) shall also con- dits of claims data of eligible health plans in ‘‘(2) such other information determined ap- tain recommendations regarding expanding order to ensure that the eligible health plan propriate by the Office. the Program to the individual market. is in compliance with the requirements ‘‘(c) PAYMENTS FROM TRUST FUND.— ‘‘SEC. 2206. DEFINITIONS. under the Program, including the require- ‘‘(1) IN GENERAL.—Payments to eligible ment under paragraph (3)(B). An eligible health plans under the Program shall be ‘‘In this title: health plan shall not be eligible for reinsur- made from the Trust Fund. ‘‘(1) GROUP HEALTH PLAN.—The term ‘group ance payments unless it provides the Office ‘‘(2) TAX TREATMENT.—For purposes of the health plan’ has the meaning given such with access to such data. Internal Revenue Code of 1986— term by section 5000(b)(1) of the Internal ‘‘(c) COST-SHARING IN COSTS OF PROGRAM.— ‘‘(A) payments from the Trust Fund to the Revenue Code of 1986. ‘‘(1) IN GENERAL.—An eligible health plan eligible health plan shall not be included in ‘‘(2) INDIVIDUAL MARKET; SMALL GROUP MAR- that participates in the Program shall pay gross income; and KET.—The terms ‘individual market’ and the fee established by the Office under para- ‘‘(B) no deduction shall be allowed to the ‘small group market’ have the meanings graph (2). eligible health plan with respect to the pay- given such terms by section 2791 of the Pub- ‘‘(2) AUTHORIZATION.—The Office is author- ment of any catastrophic health care costs lic Health Service Act. ized to charge a fee to each eligible health for the portion of such costs which was reim- ‘‘(3) OFFICE.—The term ‘Office’ means the plan that participates in the Program. Any bursed from the Trust Fund. Office of Federal Reinsurance established under section 2201. amounts collected shall be deposited into the ‘‘SEC. 2204. FEDERAL REINSURANCE FOR CATA- Trust Fund. STROPHIC HEALTH CARE COSTS ‘‘(4) PROGRAM.—The term ‘Program’ means ‘‘(3) REQUIREMENTS.—In establishing the TRUST FUND. the Federal Reinsurance Program for Cata- fee under paragraph (2)— ‘‘(a) CREATION OF TRUST FUND.—There is strophic Health Care Costs under this title. ‘‘(A) the Office shall consult with inter- established in the Treasury of the United ‘‘(5) TRUST FUND.—The term ‘Trust Fund’ ested parties; and States a trust fund to be known as the ‘Fed- means the Federal Reinsurance for Cata- ‘‘(B) shall ensure that the amount of such eral Reinsurance for Catastrophic Health strophic Health Care Costs Trust Fund es- fee is not excessive so as to unduly discour- Care Costs Trust Fund’, consisting of such tablished under section 2204.’’. age eligible health plans from enrolling in amounts as may be appropriated or credited (b) FUNDING START-UP ADMINISTRATIVE the Program. to the Trust Fund (including any fees depos- COSTS FOR PROGRAM.— ‘‘(d) APPEALS PROCESS.—The Office shall ited under section 2202(c)). (1) IN GENERAL.—There are appropriated to establish an appeals process under the Pro- ‘‘(b) MANDATORY APPROPRIATIONS.—There the Secretary of Health and Human Services gram. are appropriated to the Trust Fund such $200,000,000 to carry out the provisions of, ‘‘(e) PROCEDURES TO PROTECT AGAINST sums as may be necessary in order to make and amendments made by, this Act. FRAUD, WASTE, AND ABUSE.—The Office shall the reinsurance payments required under (2) AVAILABILITY.—Amounts appropriated establish procedures to protect against section 2203. under paragraph (1) shall remain available fraud, waste, and abuse under the Program. ‘‘(c) RULES REGARDING TRANSFERS TO AND until September 30, 2009. ‘‘SEC. 2203. REINSURANCE PAYMENTS. MANAGEMENT OF TRUST FUND.—For purposes Mr. REED. Mr. President, I join my ‘‘(a) AMOUNT.— of this section, rules similar to the rules of sections 9601 and 9602 of the Internal Rev- colleague, Senator KERRY, in intro- ‘‘(1) IN GENERAL.—The amount of a reinsur- ducing the Reinsure America’s Busi- ance payment under the Program to an eligi- enue Code of 1986 shall apply. ble health plan that experiences catastrophic ‘‘(d) DISTRIBUTION OF AMOUNTS IN TRUST nesses Act of 2007. This legislation rep- health care costs in a year with respect to an FUND.—Amounts in the Trust Fund shall be resents a critical step forward in bring- individual covered under the plan shall be an available for making payments under section ing affordable health care to the unin- amount equal to 75 percent of such costs. 2203. sured and lowering the ever increasing ‘‘(2) CATASTROPHIC HEALTH CARE COSTS.— ‘‘SEC. 2205. REPORTS. costs of health care for families and ‘‘(A) IN GENERAL.—In this title, the term ‘‘(a) SECRETARY.— businesses. ‘catastrophic health care costs’ means, with ‘‘(1) IN GENERAL.—Not later than March 1, respect to a year, costs for medical care (as 2011, and biennially thereafter, the Secretary The bill that we are introducing defined in section 9832(d)(3) of the Internal shall submit to Congress a report on the Pro- today proposes that the Federal Gov- Revenue Code of 1986) provided under an eli- gram. ernment assume responsibility for the gible health plan to an individual covered ‘‘(2) REQUIREMENTS.— most burdensome risk for employers, under the plan, but only with respect to such ‘‘(A) IN GENERAL.—Each report submitted and in doing so helps to provide greater costs which exceed $50,000. under paragraph (1) shall contain— access to lower priced health care. ‘‘(B) NEGOTIATED PRICES.—In determining ‘‘(i) a detailed description of the Program, Under our legislation, the Federal Gov- the amount of catastrophic health care costs including a detailed description of the im- ernment will reimburse employers for under the Program, the eligible health care pact the Program has had on reducing pre- plan shall take into account any negotiated miums for health insurance coverage and in- a significant portion of the costs of price concessions, such as discounts, direct creasing the number of individuals with their most ill employees—75 percent of or indirect subsidies, rebates, and direct or health insurance coverage; and medical bills in excess of $50,000. In ex- indirect remunerations, obtained by the ‘‘(ii) any other information or rec- change, employers agree to offer all of plan. ommendations determined appropriate by their workers preventative care and ‘‘(C) INFLATION ADJUSTMENT.— the Secretary. quality coverage. ‘‘(i) IN GENERAL.—In the case of a calendar ‘‘(B) INDIVIDUAL MARKET.—The first report At the heart of this bill lies the fact year after 2009, the $50,000 amount in sub- submitted under paragraph (1) shall also con- paragraph (A) shall be increased by an tain recommendations regarding expanding that 1 percent of patients account for amount equal to— the Program to the individual market. 25 percent of health care costs, and 20 ‘‘(I) such dollar amount; multiplied by ‘‘(C) CONSULTATION.—The Secretary shall percent of the population that is cata- ‘‘(II) the percentage (if any) by which the consult with the National Association of In- strophically ill accounts for 80 percent average of the medical care component of surance Commissioners in preparing each re- of the costs. Planning for the unfortu- the Consumer Price Index for all urban con- port under paragraph (1). nate chance that one falls into one of sumers (United States city average) for the ‘‘(b) GAO.— these categories is precisely why indi- 12-month period ending with August of the ‘‘(1) IN GENERAL.—Not later than March 1, viduals have health insurance. Yet it is preceding calendar year exceeds such aver- 2011, and biennially thereafter, the Comp- age for the 12-month period ending with Au- troller General of the United States shall also the primary reason why many em- gust 2008. submit to Congress and the Secretary a re- ployers, particularly small businesses ‘‘(ii) ROUNDING.—If any dollar amount after port on the Program. where one critically ill individual can being increased under clause (i) is not a mul- ‘‘(2) REQUIREMENTS.— have a tremendous influence on the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5596 CONGRESSIONAL RECORD — SENATE May 3, 2007 overall cost, do not offer their employ- make a difference in their child’s edu- tricts continue to face challenges that ees health insurance. Through reinsur- cation. They deserve to know what impede efforts to effectively advance ance, the Federal Government has an their children are learning and being parental involvement. My bill enables opportunity to absorb a large portion tested on, what their children’s grades States to award grants to local edu- of this risk and encourage more afford- and assessment scores mean, and how cation agencies to assist schools in hir- able and meaningful employer spon- assessment data may be used for im- ing and maintaining Parent and Com- sored health coverage. This legislation provement. Informed and engaged par- munity Outreach Coordinators. These also eases the burden on health insur- ents can help turn around struggling coordinators will build critical part- ance companies by making rate deter- schools. nerships among families, schools, and minations more predictable. We crafted the No Child Left Behind the community. They’ll work with Federal reinsurance is an efficient Act to recognize parents as full part- school principals, teachers, and staff to use of Federal dollars because it ners in their children’s education. The encourage parents to become more in- spreads the burden across employers, Act includes essential requirements to volved in their child’s education and the Federal Government, and employ- develop parent involvement policies give them the tools necessary to be- ees, thereby lowering costs and in- and programs, develop and release come successful advocates for their creasing access to quality health care. school report cards, and to establish a children. Reinsurance reduces health insurance team of parents and community rep- Last year, a Massachusetts pilot ini- premiums for everyone; some esti- resentatives to construct a plan to im- tiative placed 17 full-time Family and mates suggest as much as 10 percent. prove schools if they are identified as Community Outreach Coordinators in Actions to decrease the cost of health struggling. We should build on these Boston Public Schools. The Coordina- care and improve access to care are important reforms. But in the upcom- tors were responsible for supporting crucial if we are to combat ever-rising ing reauthorization of the law, we must families, teachers, and the community health care costs in this country. In also explore new and innovative strate- in a common effort to help students Rhode Island, from 2000 to 2006, pre- gies to engage parents and commu- excel academically and socially. miums increased 75 percent while me- nities in helping kids succeed in Their efforts have worked. The Fam- dian earnings went up only 23 percent. school. ily and Community Outreach Coordi- Uninsured rates have also grown in Better coordination among parents, nator at the Condon School in Boston, Rhode Island with more than 13 per- schools, and the community can also Massachusetts, has offered workshops cent of residents under age 65 with no help create a network that enables and for parents on middle school transition health insurance, up from 8.1 percent empowers students to take advantage and math curriculum; coordinated par- in 1999. Rhode Island is not unique; the of every opportunity to learn. That’s ent participation on the School Cli- entire country bears the burden of high particularly important for students mate Committee, an anti-bullying ini- health care costs and increasingly de- needing the greatest help and attention tiative at the school; helped teachers clining access. This legislation lays the in their learning and those who need and parents make connections for par- groundwork for achieving our goal of more challenging schoolwork to keep ent-teacher conferences; and brought making health care more affordable them engaged and progressing, as well in over 200 parents to participate in the and more accessible to every Amer- as students at risk of dropping out of fall open house, where some teachers ican. school. Today, more than one million reported having contact with over 80 I am pleased to join with my col- students who enter the ninth grade fail percent of their students’ families. The league in introducing this important to receive a high school diploma 4 Coordinator has also leveraged dona- initiative and hope the Senate will give years later and approximately 7,000 tions to the school through the gen- it prompt consideration. students drop out of school every day. erosity of local businesses. We’ve made great advances in recent The success of the coordinators led By Mr. KENNEDY (for himself years to improve the education of the Boston School Committee to ap- and Mr. KERRY): every student, but it remains clear prove its budget for the next school S. 1302. A bill to amend title V of the that more must be done to respond to year with the addition of 14 more full- Elementary and Secondary Education this challenge. time Family and Community Outreach Act of 1965 to encourage and support We must support and strengthen our Coordinators. All together this means parent, family, and community in- elementary and secondary schools and that almost 22 percent of Boston Public volvement in schools, to provide need- do more to attend to the learning and Schools will have a coordinator by Sep- ed integrated services and comprehen- nonacademic needs of our most at-risk tember 2007–2008. sive supports to children, and to ensure students, which make such a difference The director of the Harvard Family that schools are centers of commu- in how well they master their subjects. Research Project notes that many nities, for the ultimate goal of assist- That means support for community years of research confirm that ‘‘now is ing students to stay in school, become programs to meet children’s social, in- the time . . . for action. The question successful learners, and improve aca- tellectual, emotional, and physical we must ask is, in addition to quality demic achievement; to the Committee needs. It means making parent involve- schools, what non-school learning re- on Health, Education, Labor, and Pen- ment a top priority, and offering sup- sources should we invest in and scale sions. port to schools to involve parents and up to improve educational outcomes, Mr. KENNEDY. Mr. President, I am families more effectively in their chil- narrow achievement gaps, and equip pleased today to introduce the Keeping dren’s education, including postsec- our children with the knowledge and Parents and Communities Engaged or ondary education planning. skills needed to succeed in the complex Keeping PACE Act, to foster greater The Keeping PACE Act will address and global 21st century.’’ involvement of parents in their chil- these fundamental issues. This bill The bill answers that question and dren’s education, engage community amends the Elementary and Secondary responds directly to these needs by cre- partners in supporting the comprehen- Education Act of 1965 to encourage and ating new grants for community-based sive learning needs of students in support parent, family, and community organizations to work in partnership school, as well as to address our Na- involvement in schools, to provide with schools to bring essential com- tion’s high dropout rate. needed supports and services to chil- prehensive and integrated services to It is clear that engaged parents can dren, and to ensure that schools are children in need. These support serv- make a positive difference in students’ centers of communities. ices may include health care, coun- achievement. Parents are their chil- Educators recognize, on the basis of seling, social services, enrichment, dren’s first teachers, and they have im- abundant research and common experi- mentorship, and tutoring, services that mense influence over their children’s ence, that parental involvement is a can often spell the difference between a attitudes, focus, priorities and goals. critical element in children’s academic dropout and a graduate. Well-informed parents are more likely and social development. Unfortunately, Rather than giving teachers, coun- to be involved, to ask questions, to as noted in a recent report by selors, and principals more to do as suggest constructive changes and to Appleseed, too often, schools and dis- they address the non-classroom needs

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5597 of students, every school should have a Community involvement means real benefits of planning a school not only resource they can turn to for help with help for children in need, and the evi- as an academic center for students, but identifying student needs and dence shows. For instance: also as a neighborhood center that leveraging community services to help In Georgia, CIS currently supports serves the entire community. Design- all students succeed. We know that graduation coaches directly serving ap- ing schools from the onset to leverage comprehensive, integrated supportive proximately 37,000 high school students integrated services to students helps services increase graduation rates and who are at risk of dropping out. meet multiple local needs such as edu- improve student achievement. In one In the wake of Hurricane Katrina, cational, health, social service, and national report: 82 percent of tracked CIS stepped in to provide morning recreational needs. students improved their attendance in classes and afternoon activities for stu- It’s time for America to make a real school; 86 percent of tracked students dents whose parents had lost their so- commitment, and give real opportunity had fewer behavior incidents; 89 per- cial support systems after they were and real fairness to address the com- cent of tracked students had fewer sus- forced to relocate to Houston, Texas. prehensive learning needs of children pensions. In addition, 98 percent of There are also countless individual and families, guarantee a place for par- tracked students stayed in school and stories of community-based integrated ents and families in schools, and pro- 85 percent of eligible seniors graduated. services making a difference. In Texas, vide real hope to our students most at- Students who are identified as needing CIS helped 14-year-old Yeana Carbajal, risk of dropping out. Engaging parents these services, but do not receive them who was born with cerebral palsy, to and communities in the success of stu- are more likely to drop out of school. obtain proper medical attention and dents enrolled in our public schools is The Lucy Stone School in Boston, social services, enabling her to return critical to the future and prosperity of Massachusetts, demonstrates the effec- to school after hip surgery when her our entire Nation. tiveness of student supports on learn- doctors had told her that would be im- This bill is supported by 15 organiza- ing. The once failing school took ac- possible. Yeana is now back in school tions representing education commu- tion and focused on improving core and thriving academically and socially. nities. I ask unanimous consent that learning skills, a broad array of enrich- Another student, who at 14 became their letters of support be printed in ment activities and health and social the primary caregiver of a mother who the RECORD. supports. Lucy Stone is making strong eventually died with AIDS, overcame There being no objection, the mate- progress. Students in Grades 3 and 4 homelessness and became the first in rial was ordered to be printed in the are passing the literacy MCAS at rates her family to graduate high school. A RECORD, as follows: well above the Boston Public School turning point for her came when she COMMUNITIES IN SCHOOLS, average percentages, and are approach- participated in a career exploration Alexandria, VA, April 16, 2007. ing State averages. Grade 4 math program coordinated through the com- DEAR SENATOR KENNEDY: On behalf of Com- munities In Schools—our national offices MCAS passing rates are approaching munity-based program office at her school. She discovered her special tal- and our network of local affiliates in 27 Boston and State averages as well. states and District of Columbia—I would like In other communities, diverse com- ents in the culinary arts, and is now an to congratulate you on the introduction of munity partners have played an impor- honor student at Johnson and Wales the Keeping Parents and Communities En- tant role in providing accelerated University. gaged (Keeping PACE) Act. For 30 years learning and mentoring opportunities Finally, a growing body of edu- Communities In Schools has been working to that have made all the difference for cational research suggests that student connect existing community resources with students. achievement improves in environments schools to improve student achievement. For example, a comprehensive eval- where learning is a community value, This legislation provides much needed struc- uation of nine schools in New England and where schools have the ability to ture, funding, and support at the federal level for critical community engagement ac- found that classroom participation in address a broad range of educational tivities in our nation’s public schools. The community service outdoor learning needs. Many school districts have gone Keeping PACE Act’s provisions are research- projects increased student engagement even further to respond to this re- based, effective, and fiscally responsible. and retention of science knowledge. search, by establishing full-service Communities In Schools strongly supports And the ‘‘Being Enthusiastic about community schools that directly in- this legislation. Math and Science’’ (BEAMS) enrich- volve parents, families, and the entire While much of the rhetoric in education is ment program at the Jefferson Na- community in education. about the problems in the system, the Keep- The Keeping PACE Act also responds ing PACE Act offers a real solution to help tional Lab in Virginia, which serves to lower the high school dropout rate and 1,800 inner-city students and their to this research by providing new ave- raise the achievement level of students in teachers, has resulted in increased nues to establish and support full-serv- need. Too often, students at risk of dropping achievement and attendance rates, and ice community schools. These efforts out or not achieving academically have the a better understanding of academic have wide-ranging positive impacts, in- talent, intelligence, and potential to subjects, careers and applications cluding ‘‘better family functioning and achieve, but they need assistance to address among participating students. parental involvement, healthy youth challenges that may block their way. The The National Commission on Service development and improved social be- Keeping PACE Act’s three components pro- Learning found that mentorships and havior, improved academic achieve- vide a strong foundation to help students— particularly those at risk of dropping out of internships with caring adults in a ment and learning outcomes, and en- school—with their challenges by supporting: workplace resulted in higher grade hanced community life.’’ Two promi- grants to states to support parent and com- point averages and better attendance nent researchers in the field further munity outreach coordinators in schools; than for students who spend less time note, ‘‘In community schools . . . grants to community-based organizations to with adult mentors. schools are transformed into much engage schools and provide integrated serv- There is one particular organization more than just a portfolio of programs ices; and grants to help make schools the that has a demonstrated track record and services. They become a powerful centers of their communities. in helping leverage the integrated serv- Communities In Schools is particularly agent for change in the lives of young pleased that the Keeping PACE Act provides ices and supports that students need to people and their families and improve support for community-based organizations succeed in school. Communities in the climate of the entire school.’’ that provide integrated student services. Schools (CIS) is the Nation’s largest This bill enables States to provide in- Community-based, integrated student serv- dropout prevention organization, and centives to local education agencies ices are interventions that improve student has a nearly 30-year track record of that coordinate with mayors, commu- achievement by connecting community re- helping connect students, families and nity-based organizations, for-profit or- sources—such as mentoring, service-learn- schools with supportive services to ganizations and other community part- ing, and afterschool programs—with both the help them graduate and prepare for ners to re-design and modernize their academic and social service needs of students. Programs focus energy, resources, and life. With affiliates operating in 27 current school plans and facilities to time on shared school and student goals. The States and the District of Columbia, better link students with community core strategy of community-based, inte- Communities in Schools helps about 2 resources. School districts across the grated student services is to leverage exist- million students every year. country are beginning to recognize the ing community resources and effectively

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5598 CONGRESSIONAL RECORD — SENATE May 3, 2007 link these resources with students in need in will embrace the ideas in this important not offer appropriate level of intellectual order to address whatever barriers the stu- piece of legislation. stimulation, and do not provide the services dents may face. This leverages a greater re- Best Regards, necessary to encourage talent development. turn on federal, state, and local investments JOHN PODESTA, This failure to address the learning needs of that are already being made in education. President and CEO. high-ability children is a tragedy for the Without coordination, however, many stu- children, their families, communities, and dents cannot benefit from these programs. CITIZEN SCHOOLS, the nation. The Keeping PACE Act supports funding for Boston, MA, April 13, 2007. The Keeping PACE Act will be a catalyst this critical coordination and effectively Hon. EDWARD M. KENNEDY, for developing the partnerships necessary to leverages current federal, state, and local in- U.S. Senate, support bright children from disadvantaged vestments in education. Washington, DC. backgrounds. The Act establishes an inte- Importantly, research and experience es- DEAR SENATOR KENNEDY: I am writing in grated service strategy for students and tablish that the model supported by the support of the Keeping Parents and Commu- their families in several key areas—includ- Keeping PACE Act works in all types of nities Engaged (Keeping PACE) Act of 2007. ing mentoring, tutoring, and enrichment— schools across the country—urban, rural, and The Keeping PACE Act proposes a promising which go a long to supporting the intellec- suburban. By supporting community-based, set of initiatives to strengthen two areas tual appetites of students who are unchal- integrated student services and parental in- that are key to student success: parental in- lenged in the classroom, who want to explore volvement, the Keeping PACE Act provides volvement and coordinated community sup- in-depth learning on their own, or who need strong support for a very effective strategy port. safe haven from negative peer attitudes to- to address our nation’s dropout rate and the At Citizen Schools, we see the importance wards academic achievement. We also ap- achievement gap in communities across the of parental engagement and integrated stu- plaud the Act’s focus on assisting students country. dent support systems every day. Citizen and parents in planning for post-secondary Thank you again for your leadership the Schools operates a national network of after- educational opportunities. Many of these Keeping PACE Act. This very important bill school programs that advance student bright children will be the first in their fam- will go along way toward supporting the achievement and mobilize adult volunteers ilies to pursue post-secondary options and services that young people need and will to teach hands-on apprenticeship courses. they will need assistance to make appro- make a huge difference in lowering the drop- Our programs blend real-world learning priate decisions and to understand the range out rate and closing the achievement gap. projects with rigorous academic and leader- of grant and other funding opportunities Sincerely, ship development activities, preparing stu- available to high-achieving students. DANIEL J. CARDINALI, dents in the middle grades for success in NAGC is invested in building alliances President. high school, college, the workforce, and civic with other national organizations that serve life. Citizen Schools currently serves 3,000 low-income learners and has made a strong CENTER FOR AMERICAN students and engages 2,400 volunteers in commitment to enhancing the competency PROGRESS ACTION FUND, California, Massachusetts, New Jersey, of teachers who work with underserved popu- Washington, DC, April 16, 2007. North Carolina and Texas. In Massachusetts, lations of students. We look forward to Hon. EDWARD M. KENNEDY, our programs operate in Boston, Lowell, working with you and your office in support Chairman, Committee on Health, Education, Malden, New Bedford, Worcester, and Spring- of this legislation and to strengthen NCLB in Labor and Pensions, Dirksen Senate Office field. other ways for gifted and talented students. Building, Washington, DC. Citizen Schools works intensively with Sincerely, DEAR SENATOR KENNEDY: This letter is low-income students, most of whom are NANCY GREEN, written to express the support of the Center struggling academically. A rigorous inde- Executive Director. for American Progress Action Fund for your pendent evaluation has reported that Citizen PACE Act of 2007. The PACE Act takes great Schools’ students significantly outperformed NATIONAL COLLABORATION strides towards facilitating community sup- a matched comparison group on key metrics FOR YOUTH, port for low-income schools, a crucial step of school success and advancement, includ- Washington, DC, March 26, 2007. towards closing the achievement gap and ing grades and standardized test scores. Hon. EDWARD M. KENNEDY, providing all American children with equal These achievements would not be possible Russell Senate Office Building, educational opportunity. without the engagement and support of stu- Washington, DC. Schools, families, communities, and chil- dents’ families and communities. DEAR CHAIRMAN KENNEDY: The National dren themselves all play important roles in Our program also brings together students Collaboration for Youth is writing to express promoting student learning. Children are and adult volunteers, and we have seen the its support of the Keeping Parents and Com- more likely to do their best when all these rewards that both groups derive from this munities Engaged (Keeping PACE) Act. players work together to ensure that chal- opportunity to interact. As such, Citizen The National Collaboration for Youth lenges students face outside the classroom Schools wholeheartedly supports efforts that membership comprises national youth-serv- are addressed, rather than remaining as on- reduce the barriers between schools and coming organizations that have a presence in al- going barriers to student learning and munities. most every community in the United States. achievement. The Keeping PACE Act will produce posi- The signers of this letter include commu- Community schools reshape the structure tive outcomes for our neediest students by nity-based organizations, and organizations of traditional schools and recast their roles facilitating parent involvement and access that conduct research, evaluation, and pro- in the community by explicitly positioning to community resources. Thank you for your vide technical assistance to communities schools, families and communities as vital leadership on this important issue. and schools across the country. As advocates partners in fostering the health, well-being Sincerely, striving to improve the conditions of young and academic growth of children. These ERIC SCHWARZ, people in America, we believe that student schools help address the out-of-school needs President and CEO. achievement is enhanced when parents, care- of students and their families so that young givers and communities are engaged in edu- people can focus on learning when they are NATIONAL ASSOCIATION cation. in the classroom, and also take advantage of FOR GIFTED CHILDREN, Research and experience demonstrate that nurturing opportunities outside of the class- Washington, DC, April 11, 2007. improving the interaction between school room. Hon. EDWARD M. KENNEDY, and community, and providing integrated Providing supplemental support services to Chairman, Senate Committee on Health, Edu- services and supports for students and their students and their families has been shown cation, Labor and Pensions, Dirksen Senate families in such areas as healthcare, employ- to lead to real improvements in their well- Office Building, Washington, DC. ment, mentoring, tutoring, enrichment and being. Researchers have documented that DEAR CHAIRMAN KENNEDY: The National recreation, will help to serve the intellec- students in community schools demonstrate Association for Gifted Children (NAGC), the tual, social, emotional, and physical well- positive outcomes, including higher test largest organization devoted to meeting the being of students. Access to these and other scores, fewer disciplinary problems, im- needs of the nation’s more than three mil- related non-academic needs pave the way for proved attendance and graduation rates, and lion gifted and talented students, is writing the successful education of a young person. diminished incidence of self-destructive be- to express its support of the Keeping Parents By incorporating family and community en- haviors. and Communities Engaged (Keeping PACE) gagement with schools, the Keeping PACE We are pleased that the report by the Re- Act. Act will strengthen the Elementary and Sec- newing Our Schools, Securing Our Future In high-poverty school districts, little at- ondary Education Act, and will be an impor- National Task Force on Public Education, tention is being paid to finding and sup- tant tool in reducing the school dropout rate issued by our sister organization, the Center porting the children who meet the require- and closing the achievement gap. for American Progress, has influenced the ments of NCLB-mandated tests and are We look forward to continuing to work drafting of this legislation, and that the ready to move to higher levels of achieve- with you and your office to strengthen the PACE Act reflects the community schools ment. Many low-income promising students goals of this legislation, and move it towards recommendations in that report. It is our may be trapped in schools that do not ac- enactment. Please do not hesitate to contact hope that Congress and the nation as a whole knowledge the presence of gifted children, do us if we can be of any assistance.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5599 Thank you for your leadership and public Committee on Energy and Natural Re- U.S., the designation of the Arizona service. sources. Trail as a National Scenic Trail would Sincerely, Mr. MCCAIN. Mr. President, I am ensure the preservation of a corridor of America’s Promise—The Alliance for pleased to be joined today by Senator open space for hikers, mountain Youth, Marguerite Kondracke, President and CEO. KYL in introducing the Arizona Trail bicyclists, cross country skiers, snow- Big Brothers Big Sisters of America, Judy Feasibility National Scenic Trail Act. shoers, eco-tourists, equestrians, and Vredenburgh, President and CEO. This bill would designate the Arizona joggers. Camp Fire USA, Jill Pasewalk, National Trail as a National Scenic Trail. A I urge my colleagues to support the President and CEO. similar bill is being introduced in the passage of this legislation. Communities In Schools, Inc., Daniel House of Representatives by Congress- Mr. KYL. Mr. President, today I am Cardinali, President. woman GIFFORDS. pleased to join with Senator MCCAIN in First Focus, Bruce Lesley, President. The Arizona Trail is a beautifully di- introducing the Arizona National Sce- Forum for Youth Investment, Karen J. verse stretch of public lands, moun- nic Trail Act. This bill would amend Pittman, Executive Director. the National Trails System Act to des- GLSEN—The Gay Lesbian and Straight tains, canyons, deserts, forests, his- Education Network, Kevin Jennings, Execu- toric sites, and communities. The Trail ignate the Arizona Trail as a national tive Director. is approximately 807 miles long and be- scenic trail. In 1968, Congress estab- Leadership & Renewal Outfitters, Janet R. gins at the Coronado National Memo- lished the National Trails System to Wakefield, CEO. rial on the U.S.-Mexico border and ends promote the preservation of historical MENTOR/National Mentoring Partnership, in the Bureau of Land Management’s resources and outdoor areas. National Gail Manza, Executive Director. Arizona Strip District on the Utah bor- scenic and historic trails may be des- National Collaboration for Youth, Irv der near the Grand Canyon. In between ignated only by an act of Congress. Katz, President and CEO. This is not a new proposal. Senator these two points, the trail winds National Network For Youth, Victoria MCCAIN and I have been working on through some of the most rugged, spec- Wagner, President and CEO. legislation relating to the Arizona YMCA of the USA, Neil Nicoll, President tacular scenery in the Western United Trail since the 108th Congress. Past and CEO. States. The corridor for the Arizona legislation focused on conducting a fea- Trail encompasses the wide range of sibility study to determine whether the FIRST FOCUS, ecological diversity in the State, and trail is physically possible and finan- Alexandria, VA, March 23, 2007. incorporates a host of existing trails Hon. EDWARD KENNEDY, cially feasible. A feasibility study is Chairman, Senate Committee on Health, Edu- into one continuous trail. In fact, the generally the first step toward national cation, Labor and Pensions, Dirksen Senate trail route is so topographically di- trail designation, but such legislation Office Building, Washington, DC. verse that a person can hike from the was not successfully enacted. In the DEAR MR. CHAIRMAN: It is a pleasure to for- Sonoran Desert to Alpine forests in 1 meantime the Arizona Trail Associa- mally endorse the Keeping Parents and Com- day. tion and its State and Federal partners munities Engaged Act. This important legis- For over a decade, more than 16 Fed- have continued to develop the trail lation recognizes the critical role played by eral, State, and local agencies, as well with national designation in mind. families and communities in improving the as community and business organiza- academic success of our students. We ap- Senator MCCAIN and I believe a feasi- tions, have partnered to create, de- plaud this bill and look forward to working bility study is not necessary. Let me with you toward its enactment. velop, and manage the Arizona Trail. explain: the Arizona Trail already ex- First Focus believes, and research dem- Through their combined efforts, these ists. It extends over 800 continuous onstrates, that we must meet the needs of agencies and the members of the Ari- miles and is over 90 percent complete— students in and outside the classroom in zona Trail Association have completed clearly, it is physically possible. It is order to bolster their success in school. A over 90 percent of the longest contig- study commissioned by the America’s Prom- also financially feasible, as this trail uous land-based trail in the State of does not require a single land acquisi- ise Alliance analyzed the impact of having Arizona. Designating the Arizona Trail five key resources in children’s lives: caring tion, and commitments already exist adults, safe places, a healthy start, an effec- as a National Scenic Trail would help to manage the trail and complete the tive education, and opportunities to help streamline the management of the remaining few miles of trail construc- others. Students with four or five of these re- high-use trail to ensure that this pris- tion. This trail is ready for designa- sources were twice as likely as their peers tine stretch of diverse land is preserved tion. In fact, the Arizona Trail is far- with zero or one resource to get As in school, for future generations to enjoy. ther along than many national scenic 40 percent more likely to volunteer, and Since 1968, when the National Trails trails that have already been des- twice as likely to avoid violence. The Keep- System Act was established, Congress ing PACE Act is crucial because it will help ignated by Congress. has designated over 20 National trails. The Arizona Trail is highly deserving to connect young people to an array of serv- Before a trail receives a national des- ices and supports, thereby increasing their of national designation. The trail is a access to these and other important re- ignation, a Federal study is typically roller coaster ride through the wide sources. required to assess the feasibility of es- range of ecological diversity in the The debate surrounding the reauthoriza- tablishing a trail route. The Arizona State. The trail corridor begins at the tion of the No Child Left Behind Act will ap- Trail doesn’t require a feasibility study Coronado National Memorial on the propriately center on issues surrounding ac- because it’s virtually complete with U.S.–Mexico border and winds some 800 countability, teacher quality, national less than 60 miles left to build and sign. miles, ending on the Bureau of Land standards and other important topics. We All but 1 percent of the trail resides on Management’s Arizona Strip District thank you for raising the importance of par- public land, and the unfinished seg- ent and community engagement as well. on the Utah border. Between these two Every child can succeed, but we must pro- ments don’t involve private property. points, it invites recreationists to ex- vide them with the tools to do so. By build- The trail meets the criteria to be la- plore the State’s most renowned moun- ing stronger connections between parents, beled a National Scenic Trail and al- tains, canyons, deserts and forests, in- schools, and communities, the Keeping ready appears on all Arizona State cluding the Grand Canyon and the So- PACE Act will help the nation be stronger maps. Therefore, the Congress has rea- nora Desert. This trail is unique in supporters of our students. son to forego an unnecessary and cost- that it maximizes the incorporation of Chairman Kennedy, thank you for your ly feasibility study and proceed already existing public trails into one leadership. We look forward to working with straight to National Scenic Trail des- you. continuous trail to showcase some of Sincerely, ignation. the most spectacular scenery in the BRUCE LESLEY, The Arizona Trail is known through- West. President. out the State as boon to outdoor en- Over 16 Federal, State and local thusiasts. The Arizona State Parks re- agencies, as well as numerous commu- By Mr. MCCAIN (for himself and cently released data showing that two- nity and business organizations and Mr. KYL): thirds of Arizonans consider them- countless volunteers, have cooperated S. 1304. A bill to amend the National selves trail users. Millions of visitors to develop and sustain the trail as a Trails System Act to designate the Ar- also use Arizona’s trails each year. In recreational resource for future gen- izona National Scenic Trail; to the one of the fastest-growing States in the erations. Designating the Arizona Trail

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5600 CONGRESSIONAL RECORD — SENATE May 3, 2007 as a national scenic tail will help An ambulance company received CMS confer with the IRS and FMS to streamline its management, boost more than $1 million from Medicare in figure out how to get Medicare pay- tourism and recreation, and preserve a just the first 9 months of 2005, although ments into the levy program. That rec- magnificent natural, cultural, and his- it owed more than $11 million in back ommendation came in six years ago, in torical experience of the American taxes. 2001, so it is clear that CMS and the West. I urge my colleagues to enact One doctor has refused to pay Fed- other agencies have been ‘‘on notice’’ this legislation at the earliest possible eral income taxes since the 1970s and about this very issue for years. In fact, date. now owes more than $3 million in un- although CMS has been sending infor- paid Federal taxes, and more than $1 mation on payments to Medicare Part By Mr. COLEMAN (for himself, million to another Federal agency. He C and D providers to FMS for matching Mr. LEVIN, and Mrs. MCCAS- was paid approximately $100,000 by in FPLP, it has failed to include the KILL): Medicare in the first 9 months of 2005. more than $300 billion in payments to S. 1307. A bill to Include Medicare He tried to hide his assets by attempt- Part A and B providers. provider payments in the Federal Pay- ing to transfer property to his children. As a result, the Federal Government ment Levy Program, to require the De- Another physician who owes more has lost countless opportunities to levy partment of Health and Human Serv- than $1 million, primarily as payroll Medicare payments made to tax-delin- ices to offset Medicare provider pay- taxes withheld from his employees, re- quent doctors and other suppliers. The ments by the amount of the provider’s ceived more than $1 million from Medi- GAO estimated that, if CMS had par- delinquent Federal debt, and for other care between January and September ticipated in the levy program, the gov- purposes; to the Committee on Fi- 2005. He was flaunting his illegally ernment could have recouped anywhere nance. gained windfall with a million-dollar between $50 million and $140 million of Mr. COLEMAN. Mr. President, I rise home, 58-foot yacht, and ownership of unpaid Federal taxes from these Medi- to introduce the Medicare Provider Ac- several night clubs. His recently re- care tax-cheats in just the first nine countability Act on behalf of myself, ported income is half a million dollars, months of 2005 alone. That does not in- and my colleagues Senator LEVIN and but the compromise offer he made to clude potential millions recouped for Senator MCCASKILL. This bill is a di- the IRS only covers the penalty for delinquent student loans, unpaid child rect result of the recent bipartisan in- nonpayment and not the overdue taxes support, and back-taxes owed to vestigation by the Permanent Sub- themselves. States. committee on Investigations exposing Another physician whose medical li- But we are not in the blame business, Medicare physicians and related pro- cense is on probation owes more than we are in the problem-solving business. viders who cheat on their taxes. At our $400,000 in unpaid Federal taxes. De- So, the paramount question is how to March 20 hearing, entitled ‘‘Medicare spite this debt, he purchased a luxury fix this mess. Make no mistake: these Doctors Who Cheat On Their Taxes,’’ vehicle predominantly with cash, de- are complex problems, but I am con- the Subcommittee presented evidence posited tens of thousands of dollars in fident that we can fix them. This legis- that more than 21,000 physicians and cash in such a way as to avoid manda- lation is a good start. other providers received millions of tory reporting to the IRS, and gambled The bill, entitled the Medicare Pro- dollars through the Centers for Medi- away millions of dollars. Although he vider Accountability Act, has three care and Medicaid Services, CMS, did report more than $600,000 in net prongs to assist the Federal govern- under Medicare Part B, even though profits for 2 recent years, he still man- ment with the collection of these out- they collectively owe more than $1.3 aged to fall behind in his child support standing debts. It establishes a time- billion in undisputed Federal taxes as payments by tens of thousands of dol- table for CMS to join the Federal Pay- of September 30, 2006. lars and to default on his installment ment Levy Program for all payments I think it is important to note that agreement with the IRS. to Medicare providers, and expressly the vast majority of physicians are Unfortunately, the list goes on and authorizes CMS to participate in the working hard to provide services to on. Worse, as if failing to pay their Treasury Offset Program to collect Medicare beneficiaries. In fact, I know taxes was not a sufficient insult to nontax debt. Finally, it enables the that many doctors struggle with on- American taxpayers, Medicare pro- IRS to begin levying payments earlier going reductions in payments under viders also owed $33 million in child in the notice process. the so-called Sustainable Growth Rate. support, $27 million in unpaid student First, this bill sets a deadline by The focus of PSI’s ongoing investiga- loans, $114 million owed to other Fed- which CMS must fully participate in tions has been tax fraud and govern- eral agencies, and $22 million in unpaid the FPLP. Fifty percent of the payment contractors. CMS is the only Fed- state income taxes. ments to Part A and B providers must eral agency of considerable size that While these figures and case studies be sent to FMS for matching tax debt has resisted participating in the Fed- are obviously disturbing, the good news under FPLP within 1 year of enact- eral Payment Levy Program that I will is that the Federal Government has ment. Within 2 years of enactment, describe later. As we looked into CMS, two marvelous programs for recovering every Medicare provider payment, re- we found that there were physicians re- Federal debt from Federal payments, gardless of Part, will be checked by ceiving payments from the government the Federal Payment Levy Program, FMS under FPLP for outstanding Fed- while they simultaneously withheld FPLP, for tax debt, and the Treasury eral tax debt. money from the government by cheat- Offset Program, TOP, for non-tax debt, Second, this bill gives CMS the au- ing on taxes, and failing to pay child such as delinquent student loans, child thority to submit payments to its pro- support or student loan debts. Through support, and money owed Federal agen- viders to TOP, which it had previously their actions, these ‘‘bad apples’’ are cies. The Financial Management Serv- been unable to do. CMS and FMS testi- hurting efforts to promote the ice, FMS, handles both of these pro- fied at the hearing that CMS cannot le- longterm sustainability of the Medi- grams and matches pending payments gally participate in TOP as a Federal care Program. from the Federal Government against disbursing authority, and that to do so What is disturbing is that the delin- outstanding Federal tax debt in the will require a Legislative fix. This bill quent doctors identified by our inves- case of FPLP, and against other out- explicitly includes payments to Medi- tigation were not hardship cases but standing federal debt in TOP. If such care providers as disbursements that rather folks living the ‘‘good life.’’ This debt exists, a levy of 15 percent or more can be offset, allowing for the recovery minority of physicians live in multi- is imposed upon each payment made to of delinquent student loans, overdue million-dollar homes, own luxury vehi- the delinquent taxpayer until that debt child support, debts owed to other fed- cles and pleasure boats, and gamble is recovered. FMS currently screens eral agencies and state taxes. with millions of dollars, yet still cheat most Federal payments for unpaid In addition, this legislation enables the government. taxes, including salaries and payments IRS to levy Federal payments to re- Some of the most egregious examples to contractors and vendors. cover delinquent tax debt earlier in the that GAO discovered include the fol- The Government Accountability Of- process. Currently, only about half of lowing: fice specifically recommended that the $140 billion in tax debt eligible for

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5601 matching is ‘‘turned on’’ to allow FMS program within one year of the date of en- health care providers had received pay- to begin levying payments through actment of this Act, and ments on Medicare claims totaling FPLP. This is a result of IRS’s current (2) all remaining payments under such around $140 million. In other words, procedure, sending four computer-gen- parts A and B are processed through such these providers were stuffing taxpayer program within two years of such date. dollars in their pockets at the same erated notices followed by a Collection (b) ASSISTANCE.—The Financial Manage- Due Process, CDP, notice. Although ment Service and the Internal Revenue Serv- time they were stiffing Uncle Sam by the delinquent taxpayer can enter a ice shall provide assistance to the Centers not paying their taxes. payment plan or challenge the amount for Medicare and Medicaid Services to ensure Federal programs exist to stop this throughout the process, the formal ap- that all payments described in subsection (a) type of abuse. One key program is the peals process begins only after all of are included in the Federal Payment Levy Federal Payment Levy Program, which those notices are issued. This pro- Program by the deadlines specified in that was established about ten years ago to tracted process allows a delinquent subsection. enable the Federal government to iden- SEC. 3. APPLICATION OF ADMINISTRATIVE OFF- tify federal payments being made to taxpayer to drag out the process and SET PROVISIONS TO MEDICARE PRO- prevent automatic levies anywhere tax delinquents, and authorize the VIDER PAYMENTS. withholding of a portion of those tax- from months to years. An additional (a) IN GENERAL.—Section 3716 of title 31, problem beyond the delay is that by United States Code, is amended— payer dollars to apply to the person’s the time the appeals process concludes, (1) by inserting ‘‘the Department of Health tax debt. That program has successfully collected taxes from federal pay- the contractor may no longer be re- and Human Services,’’ after ‘‘United States ments made through the Treasury De- ceiving Federal payments. This provi- Postal Service,’’ in subsection (c)(1)(A), and (2) by adding at the end of subsection (c)(3) partment and by agencies like the De- sion of the bill accelerates the collec- the following new subparagraph: fense Department who screen their own tion process, enabling a postlevy ap- ‘‘(D) This section shall apply to claims or payments to contractors through peals process, whereby the IRS can debts, and to amounts payable, under title Treasury’s Financial Management begin to levy Federal payments prior XVIII of the Social Security Act.’’. Service. to the CDP notice. To be clear, this (b) EFFECTIVE DATE.—The amendments As our March hearing demonstrated, would permit the Government to begin made by this section shall apply to payments made after the date of enactment of this Act. however, despite a legal requirement to levying payments earlier, while still do so, The Centers for Medicare and SEC. 4. STREAMLINING TAX LEVIES ON FEDERAL preserving the taxpayer’s right to ap- Medicaid Services (CMS) have never peal. This will not affect levies on third PAYMENTS. (a) IN GENERAL.—Section 6330(f) of the In- participated in the tax levy program parties. ternal Revenue Code of 1986 (relating to jeop- with respect to Medicare Part A and B Congress has spent much of this ses- ardy and State refund collection) is amend- payments. This failure means that, sion focusing on health care. We all ed— year after year, as much as $300 billion know that we have a crisis looming (1) by striking ‘‘or’’ at the end of paragraph in Federal Medicare payments have not with Medicare. In order to ensure the (1), been screened for unpaid taxes. The long term sustainability of the pro- (2) by striking the comma at the end of first substantive provision of our bill paragraph (2) and inserting ‘‘; or’’, gram, we need to be sure that the would redress this situation by man- money that is going out through this (3) by inserting after paragraph (2) the following new paragraph: dating CMS to bring all Medicare part program is being spent efficiently and ‘‘(3) the Secretary has approved a levy, in- A and B payments into the Federal effectively. We also need to be sure cluding a continuing levy under section Payment Levy Program over the next that the money that is coming into 6331(h), on specified payments, as defined in two years. this program through our taxes is section 6331(h)(2),’’, and The second part of our bill would en- being collected efficiently and effec- (4) by striking the heading and inserting able CMS to participate in a similar tively. They are part and parcel of the ‘‘JEOPARDY, STATE REFUND, AND COLLECTION automated program, known as the same problem. As we look for money to FROM FEDERAL PAYMENTS’’. Treasury Offset Program, to collect spend on programs to benefit our most (b) EFFECTIVE DATE.—The amendments made by this section shall apply to levies non-tax debt, such as unpaid student vulnerable, this legislation can go a made after the date of enactment of this Act. loans and child support. GAO has de- long way to identifying possible termined that certain Medicare health Mr. LEVIN. Mr. President, I join sources. care providers collectively owe hun- today with my colleagues, Senator I would especially like to thank dreds of millions of dollars in student COLEMAN and Senator MCCASKILL, in Chairman Levin for his ongoing sup- loans, child support, and unpaid state introducing the Medicare Provider Ac- port of our efforts to address those who taxes that could be collected through receive Federal payments without pay- countability Act. This bill targets administrative offsets. ing their taxes. This is truly a bipar- Medicare, a program which is indispen- The third and final part of our bill tisan effort and a bipartisan bill in its sable to the health of our citizens, be- would eliminate a barrier to including writing and its sponsorship. cause some Medicare service providers a large part of IRS’s uncollected tax Mr. President, I ask unanimous con- are profiting from the program while assessments in the Federal Payment sent that the text of the bill be printed abusing the federal tax system. The Levy Program for collection from facts show that, while the vast major- in the RECORD. Medicare provider payments, as well as There being no objection, the mate- ity of Medicare health care providers other federal contractor payments. rial was ordered to be printed in the are honest, tax-paying citizens, others Right now, for a variety of legal and are getting paid with taxpayer dollars RECORD, as follows: technical reasons, only 45 percent of while, at the same time, failing to pay S. 1307 the tax debt assessed but still uncol- their taxes. lected in 2006 was actually made sub- Be it enacted by the Senate and House of Rep- Legislation to stop this abuse is a ject to levy under the federal program. resentatives of the United States of America in product of the work of the Permanent Congress assembled, In 2006, over half of this assessed tax Subcommittee on Investigations, on debt—some $67 billion—was never SECTION 1. SHORT TITLE. which I serve as Chairman and Senator This Act may be cited as the ‘‘Medicare ‘‘turned on’’ for actual collection under Provider Accountability Act’’. COLEMAN serves as the Ranking Mem- the tax levy program. Now, $67 billion ber. On March 20, 2007, a Subcommittee SEC. 2. INCLUSION OF MEDICARE PROVIDER PAY- is a big number, even by Washington MENTS IN FEDERAL PAYMENT LEVY hearing presented testimony from the standards. PROGRAM. Government Accountability Office One key reason that this tax debt (a) IN GENERAL.—The Centers for Medicare (GAO) showing that about 21,000 Medi- was not ‘‘turned on’’ for collection by and Medicaid Services shall take all nec- care Part B health care providers, in- levy is that many of the accounts had essary steps to participate in the Federal cluding doctors, ambulance companies, not reached the stage in their proc- Payment Levy Program under section 6331(h) and medical laboratories, collectively of the Internal Revenue Code of 1986 as soon essing where the required notice of in- as possible and shall ensure that— owe more than $1 billion in delinquent tent to levy had been sent to the tax- (1) at least 50 percent of all payments taxes. GAO also determined that, de- payer. Until that notice is sent and the under parts A and B of title XVIII of the So- spite this pending tax debt, during the taxpayer has exhausted all rights of ap- cial Security Act are processed through such first 9 months of 2005 alone, these peal available under the tax law, the

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5602 CONGRESSIONAL RECORD — SENATE May 3, 2007 IRS is currently barred from placing a Mr. SCHUMER. Mr. President, today The Medicare Ambulance Payment tax levy on the taxpayer’s property. In I, along with Senators LOTT and CON- Extension Act will ensure that patients the case of Medicare providers and RAD, introduce the Medicare Ambu- across America will continue to have other federal contractors, that means lance Payment Extension Act. Without access to critical ambulance services. federal dollars continue to go into this legislation, ambulance service pro- We urge our colleagues to support this their pockets, without any with- viders stand to lose $306 million in legislation, and I look forward to its holding, despite their unpaid taxes. Medicare reimbursement in 2008 and passage this year. While it may be appropriate to delay 2009 in addition to the nearly $150 mil- I ask unanimous consent that the tax levies on most types of taxpayer lion they will lose this year. Our legis- text of the bill be printed in the property until a taxpayer’s appeals are lation will restore $341 million in Medi- RECORD. exhausted, it makes no sense to keep care reimbursement with a 5 percent There being no objection, the mate- sending taxpayer dollars to a tax delin- increase in payments for 2008 and 2009. rial was ordered to be printed in the quent Medicare provider or other fed- Ambulance services are a vital com- RECORD, as follows: eral contractor while they are appeal- ponent of the health care and emer- S. 1310 ing the tax assessment. Withholding gency response systems of our Nation. Be it enacted by the Senate and House of Rep- should be allowed when it is taxpayer Unfortunately, ambulance services pro- resentatives of the United States of America in dollars that are being paid to the tax viders are being significantly under- Congress assembled, delinquent. That’s why our bill would funded in providing their critical serv- SECTION 1. SHORT TITLE. create a special rule for federal pay- ices to Medicare patients. We need to This Act may be cited as the ‘‘Medicare ments, allowing a tax levy to be initi- ensure that our ambulance service pro- Ambulance Payment Extension Act’’. ated and continue in effect, while the viders have the financial resources nec- SEC. 2. EXTENSION OF INCREASED MEDICARE taxpayer’s appeal goes forward. The essary to provide all Americans with PAYMENTS FOR GROUND AMBU- taxpayer would retain the same due high quality, life-saving services. LANCE SERVICES. process rights, but a tax levy would be Fortunately, in the Medicare Mod- Section 1834(l)(13) of the Social Security allowed to begin earlier in the adminis- ernization Act of 2003, MMA, Congress Act (42 U.S.C. 1395m(l)(13)) is amended— (1) in subparagraph (A), in the heading, by trative process; it would no longer have implemented several provisions to pro- striking ‘‘IN GENERAL’’ and inserting ‘‘FOR to wait until all of the taxpayer’s ap- vide temporary relief to help strug- THE SECOND HALF OF 2004 AND FOR 2005 AND peal rights were exhausted. For prop- gling ambulance service providers. The 2006’’; erty other than federal payments, the MMA ambulance provisions provided (2) by redesignating subparagraph (B) as bill would maintain the current sys- short-term relief through 1 percent subparagraph (C); tem, requiring a pre-levy notice and urban and 2 percent rural increases, a (3) by inserting the following after sub- exhausted appeal rights before the mileage rate increase for long trips, a paragraph (A): property could be levied. payment boost for ambulance trans- ‘‘(B) FOR 2008 AND 2009.—After computing the rates with respect to ground ambulance serv- The vast majority of Medicare pro- ports in extremely rural areas, and a viders render valuable services to their ices under the other applicable provisions of regional adjustment that helped a ma- this subsection, in the case of such services patients, and they do so while paying jority of providers depending on their furnished on or after January 1, 2008, and be- their taxes. These honest health care state. While the rural payment boost fore January 1, 2010, the fee schedule estab- providers are put at a competitive dis- and long trip increase are temporarily lished under this section shall provide that advantage by the Medicare tax cheats still intact, the 1 percent urban and 2 the rate for the service otherwise estab- who reduce their operating costs by percent rural increases expired at the lished, after application of any increase failing to pay taxes. Besides hurting end of last year and the regional ad- under paragraphs (11) and (12), shall be in- honest businesses, this type of tax creased by 5 percent.’’; and justment has dropped from 80 percent (4) in subparagraph (C), as redesignated by dodging hurts our country by under- to only 20 percent of payments. If Con- mining the fairness of our tax system paragraph (2)— gress does not act, ambulance service (A) in the heading, by striking ‘‘APPLICA- and by forcing honest taxpayers to providers will lose over $450 million in TION OF INCREASED PAYMENTS AFTER 2006’’ and make up the shortfall needed to pay for relief from 2007 through 2009. inserting ‘‘NO EFFECT ON SUBSEQUENT PERI- basic federal protections—like health Ambulance service providers cannot ODS’’; and care. When these tax delinquents also afford to face decreased reimbursement (B) by adding at the end the following new receive large payments of federal in the coming years. Ambulances serv- sentence: ‘‘The increased payments under subparagraph (B) shall not be taken into ac- funds, it adds insult to injury. We must ices respond to not only 911 calls and force these tax dodgers to pay their tax count in calculating payments for services nonemergency requests but also as furnished after the period specified in such debt, and a key tool is to subject any first responders to natural disasters federal payments they receive to an ef- subparagraph.’’. and acts of terrorism. Medicare pa- f fective tax levy program. tients account for approximately 45 The Medicare Providers Account- percent of the call volume of an ambu- SUBMITTED RESOLUTIONS ability Act would target those tax lance operation. Ambulance service dodgers by strengthening the tax levy providers cannot afford to have half of program and subjecting additional hun- SENATE RESOLUTION 185—SUP- their transports reimbursed at below dreds of billions of dollars in federal PORTING THE IDEALS AND VAL- the cost of providing services. payments each year to screening for UES OF THE OLYMPIC MOVE- While all health care providers face unpaid taxes. An improved tax levy MENT reimbursement challenges, ambulance program would, in turn, strengthen service providers are required by law to Mr. SALAZAR (for himself, Mr. federal tax enforcement, take a load off respond to a plea for emergency med- BROWN, Mr. ALLARD, Mr. LEAHY, Mrs. the shoulders of honest taxpayers, and ical care, regardless of whether the FEINSTEIN, and Mrs. CLINTON) sub- reduce the tax gap. I urge my col- provider will recoup the full, if any, mitted the following resolution; which leagues to join us in supporting the cost of the service. This additional re- was referred to the Committee on Com- bill’s enactment. merce, Science, and Transportation: I ask unanimous consent that my responsibility along with the requirement that ambulance service providers S. RES. 185 marks follow those of Senator COLE- MAN in today’s CONGRESSIONAL RECORD. accept the Medicare ambulance fee Whereas, for over 100 years, the Olympic schedule rate as payment in full has Movement has built a more peaceful and bet- By Mr. SCHUMER (for himself, further deteriorated the financial sta- ter world by educating young people through Mr. LOTT, and Mr. CONRAD): bility of ambulance operations. With athletics, by bringing together athletes from S. 1310. A bill to amend title XVIII of increased focus on ensuring that our many countries in friendly competition, and the Social Security Act to provide for first responders are prepared in the by forging new relationships bound by friendship, solidarity, sportsmanship, and an extension of increased payments for event of a terrorist attack or national fair play; ground ambulance services under the disaster, we should be bolstering, not Whereas the United States Olympic Com- Medicare program; to the Committee deteriorating, this health care safety mittee is dedicated to coordinating and de- on Finance. net. veloping athletic activity in the United

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States to foster productive working relation- and urban portions of the United States, S. RES. 187 ships among sports-related organizations; touching nearly every community of the Na- Whereas, on April 27, 2007, the Bronze Sol- Whereas the United States Olympic Com- tion; dier Soviet monument in central Tallinn was mittee promotes and supports athletic ac- Whereas, although substantial progress has moved to a prominent location in the Garri- tivities involving the United States and for- been made in reducing the incidence of hun- son Military Cemetery as a result of a deci- eign countries; ger and food insecurity in the United States, sion by the Government of Estonia; Whereas the United States Olympic Com- certain groups remain vulnerable to hunger Whereas the Government of Estonia committee promotes and encourages physical fit- and the negative effects of food deprivation, municated its reasons for this decision to the ness and public participation in athletic ac- including the working poor, the elderly, Government of the Russian Federation and tivities; homeless people, children, migrant workers, offered to work with Russian officials during Whereas the United States Olympic Com- and Native Americans; the process, which the Russian officials de- mittee assists organizations and persons con- Whereas the people of the United States clined to do; cerned with sports in the development of have a long tradition of providing food as- Whereas, on April 27, 2007, a crowd of more athletic programs for able-bodied and dis- sistance to hungry people through acts of than 1,000 demonstrators gathered at the site abled athletes regardless of age, race, or gen- private generosity and public support proof the memorial and riots broke out across der; grams; Tallinn; Whereas the United States Olympic Com- Whereas the Federal Government provides Whereas more than 153 people were injured mittee protects the opportunity of each ath- essential nutritional support to millions of as a result of the riots, and one died as a re- lete, coach, trainer, manager, administrator, low-income people through numerous Fed- sult of stabbing by another rioter; and official to participate in athletic com- eral food assistance programs, including— Whereas several stores in Tallinn and sur- petition; (1) the Federal food stamp program, as es- rounding villages were looted as a result of Whereas athletes representing the United tablished by the Food Stamp Act of 1977 (7 the riots, and a statue of an Estonian general States at the Olympic Games have achieved U.S.C. 2011 et seq.); was set on fire; great success personally and for the Nation; (2) the Richard B. Russell National School Whereas, since April 27, 2007, the Govern- Whereas thousands of men and women of Lunch Act (42 U.S.C. 1751 et seq.), the special ment of Estonia has reported several cyber- the United States are focusing their energy supplemental program for women, infants, attacks on its official lines of communica- and skill on becoming part of the United and children (WIC) established under section tion, including those of the Office of the States Olympic Team and aspire to compete 17 of the Child Nutrition Act of 1966 (42 President; in the 2008 Olympic Games in Beijing, China; U.S.C. 1786), and other child nutrition pro- Whereas, on April 28, 2007, and in days fol- Whereas the Nation takes great pride in grams; and lowing, the Embassy of Estonia in Moscow the qualities of commitment to excellence, (3) food donation programs; was surrounded by angry protesters who de- grace under pressure, and good will toward Whereas there is a growing awareness of manded the resignation of the Government other competitors exhibited by the athletes the important public and private partnership of Estonia, tore down the flag of Estonia of the United States Olympic Team; and role that community-based organizations, from the Embassy building, and subjected Whereas June 23, 2007, is the anniversary of institutions of faith, and charities provide in Embassy officials inside the building to vio- the founding of the Modern Olympic Move- assisting hungry and food-insecure people; lence and vandalism; ment, representing the date on which the Whereas more than 50,000 local commu- Whereas, on April 30, 2007, a delegation of Congress of Paris approved the proposal of nity-based organizations rely on the support the State Duma of the Russian Federation Pierre de Coubertin to found the Modern and efforts of more than 1,000,000 volunteers visited Estonia and issued an official state- Olympic Games: Now, therefore, be it to provide food assistance and services to ment at the Embassy of the Russian Federa- That the Senate— Resolved, millions of vulnerable people; tion in Estonia that ‘‘the government of Es- (1) supports the ideals and values of the Whereas all citizens of the United States tonia must step down’’; Olympic Movement; and can help participate in hunger relief efforts Whereas, on May 2, 2007, the Ambassador of (2) calls upon the people of the United in their communities by— Estonia to the Russian Federation was phys- States to observe the anniversary of the (1) donating food and money to such ef- ically attacked by protesters and members of founding of the Modern Olympic Movement forts; youth groups during an official press con- with appropriate ceremonies and activities. (2) volunteering for such efforts; and ference; f (3) supporting public policies aimed at re- Whereas, on May 2, 2007, the Swedish Am- SENATE RESOLUTION 186—DESIG- ducing hunger: Now, therefore, be it bassador to the Russian Federation was at- Resolved, That the Senate— tacked as he left the Embassy of Estonia in NATING JUNE 5, 2007, AS ‘‘NA- (1) designates June 5, 2007, as ‘‘National Moscow, and his car was damaged by a TIONAL HUNGER AWARENESS Hunger Awareness Day’’; crowd, resulting in a formal protest to the DAY’’ AND AUTHORIZING THE (2) calls on the people of the United States Russian Federation by the Swedish Foreign SENATE OFFICES OF SENATORS to observe National Hunger Awareness Day— Ministry; GORDON H. SMITH, BLANCHE L. (A) with appropriate ceremonies, volunteer Whereas the Government of Estonia has re- LINCOLN, ELIZABETH DOLE, AND activities, and other support for local anti- ported other coordinated attacks against Es- RICHARD J. DURBIN TO COLLECT hunger advocacy efforts and hunger relief tonian embassies in Helsinki, Oslo, Copen- charities, including food banks, food rescue hagen, Stockholm, Riga, Prague, Kiev, and DONATIONS OF FOOD DURING Minsk, and the Estonian Consulate in St. Pe- THE PERIOD BEGINNING MAY 7, organizations, food pantries, soup kitchens, and emergency shelters; and tersburg; 2007, AND ENDING JUNE 5, 2007, (B) by continuing to support programs and Whereas, on May 2, 2007, Prime Minister of FROM CONCERNED MEMBERS OF public policies that reduce hunger and food Estonia Andrus Ansip stated that a ‘‘sov- CONGRESS AND STAFF TO AS- insecurity in the United States; and ereign state is under a heavy attack’’ and SIST FAMILIES SUFFERING (3) authorizes the offices of Senators Gor- that the events constitute ‘‘a well-coordi- FROM HUNGER AND FOOD INSE- don H. Smith, Blanche L. Lincoln, Elizabeth nated and flagrant intervention with the in- CURITY IN THE WASHINGTON, Dole, and Richard J. Durbin to collect dona- ternal affairs of Estonia’’; D.C., METROPOLITAN AREA tions of food during the period beginning Whereas, on May 2, 2007, the public pros- May 7, 2007, and ending June 5, 2007, from ecutor’s office of Estonia initiated an inves- Mr. SMITH (for himself, Mrs. LIN- concerned Members of Congress and staff to tigation into the cyber-attacks against COLN, Mrs. DOLE, Mr. DURBIN, Mr. VIT- assist families suffering from hunger and Internet servers in Estonia and requested co- TER, Mr. PRYOR, Mr. LEVIN, Mrs. LEVIN, food insecurity in the Washington, D.C., operation from the Russian Federation to Mrs. MURRAY, Mr. KOHL, Mr. SALAZAR, metropolitan area. identify the source of the attacks; Whereas, on May 2, 2007, the European and Ms. CANTWELL) submitted the fol- f lowing resolution; which was consid- Commission expressed its solidarity with Es- ered and agreed to: SENATE RESOLUTION 187—CON- tonia and urged Russia to respect its obliga- DEMNING VIOLENCE IN ESTONIA tions to the Vienna Convention on Diplo- S. RES. 186 AND ATTACKS ON ESTONIA’S matic Relations, done at Vienna April 18, Whereas food insecurity and hunger are a 1961, and end the blockade of the Embassy of fact of life for millions of low-income citi- EMBASSIES IN 2007, AND EX- PRESSING SOLIDARITY WITH Estonia in Moscow; and zens of the United States and can produce Whereas the Embassy of Estonia in Russia physical, mental, and social impairments; THE GOVERNMENT AND THE has been closed since April 27, 2007, and Esto- Whereas recent data published by the De- PEOPLE OF ESTONIA nia has suspended consular services to Mos- partment of Agriculture show that almost Mr. VOINOVICH (for himself, Mr. cow because conditions remain unsafe for 38,200,000 people in the United States live in BIDEN, Mr. LIEBERMAN, Mr. SMITH, and Embassy officials: Now, therefore, be it households experiencing hunger or food inse- Resolved, That— curity; Ms. MIKULSKI) submitted the following (a) it is the sense of the Senate that the Whereas the problem of hunger and food resolution, which was considered and Soviet Union’s brutal, decades-long occupa- insecurity can be found in rural, suburban, agreed to: tion of Estonia was illegal, illegitimate, and

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5604 CONGRESSIONAL RECORD — SENATE May 3, 2007 a patent violation of Estonia’s sovereignty an emerging market to an advanced econ- HIV and 3,000,000 AIDS deaths per year; and right to self-determination; and omy, and encourage increased foreign domes- 530,000 deaths of women every year from (b) the Senate— tic investment in Israel; complications related to pregnancy and (1) expresses its strong support for Estonia Whereas the inclusion of Israel in the childbirth and millions of cases of trauma as a sovereign state and a member of the OECD would strengthen the OECD because of and disability caused by obstetric fistula and North Atlantic Treaty Organization (NATO) Israel’s high living standard, liberal and sta- other preventable injuries; an unmet need and the Organization of Security and Co- ble markets, and commitment to democratic for family planning among over 100,000,000 operation in Europe (OSCE) as it deals with values; married women; 1,000,000 deaths annually matters internal to its country; Whereas Israel is a world leader in science from malaria, most of which are among (2) condemns recent acts of violence, van- and technology and is home to the most young children and in sub-Saharan Africa; dalism, and looting that have taken place in high-technology start-up companies, sci- an expanding threat from tuberculosis, Estonia; entific publications, and research and devel- which is a principal cause of death among (3) condemns the attacks and threats opment spending, per capita; against Estonia’s embassies and officials in Whereas, in 2006, the World Economic those infected with HIV and is evolving into Russia and other countries; Forum ranked Israel as the world’s 15th forms increasingly resistant to all known (4) urges all activists involved to express most competitive economy; drugs; the increasing impact of preventable, their views peacefully and reject violence; Whereas the accession of Israel to the Con- non-communicable disease, especially those (5) honors the sacrifice of all those, includ- vention on the OECD would benefit other deriving from tobacco use, alcohol and drug ing soldiers of the Red Army, that gave their OECD member countries because of Israel’s abuse, and other risky lifestyle behaviors; lives in the fight to defeat Nazism; leadership in high-technology companies and and the potential of new disease threats, (6) condemns any and all efforts to cal- research and development; and such as avian influenza, which demand new lously exploit the memory of the victims of Whereas Israel is a strong ally of the levels of preparedness and health capacity; the Second World War for political gain; United States and supports the United Whereas the short and long-term eco- (7) supports the efforts of the Government States in international organizations more nomic, military, and political security of of Estonia to initiate a dialogue with appro- consistently than any other country: Now, countries is directly threatened by increased priate levels of the Government of the Rus- therefore, be it mortality and morbidity resulting from in- sian Federation to resolve the crisis peace- Resolved, That it is the sense of the Senate fectious diseases like HIV/AIDS, tuber- fully and to sustain cooperation between that— culosis, and malaria, poor maternal and new- (1) Israel shares the commitment of the their two sovereign, independent states; and born health, the lack of family planning United States to, and the Organisation of (8) urges the governments of all coun- services, and the absence of clean water; tries— Economic Co-operation and Development Whereas proven and cost-effective solu- (A) to condemn the violence that has oc- (OECD) foundational principles of, good gov- tions that have already achieved astonishing curred in Estonia, Moscow, and elsewhere in ernment, free markets, and democratic val- successes are readily available and could 2007 and to urge all parties to express their ues; views peacefully; (2) Israel meets the OECD membership cri- dramatically further reduce the burden of (B) to assist the Government of Estonia in teria, and is well deserving of membership; death and disease, including access to immu- its investigation into the source of cyber-at- (3) it is in the interest of the United States nization, antibiotics, diarrheal disease con- tacks; and to strongly support the accession of Israel to trol, newborn care, improved nutrition, (C) to fulfill their obligations under the Vi- the Convention on the OECD; and antiretrovirals, essential obstetric care, fam- enna Convention on Diplomatic Relations, (4) the United States should strongly advo- ily planning, anti-malarials and insecticide done at Vienna April 18, 1961. cate for Israel’s accession to the Convention treated nets, and tuberculosis treatment; on the OECD before and during the OECD Whereas long term gains in health require f ministerial meeting in May 2007 and use all a comprehensive approach that addresses the SENATE RESOLUTION 188—EX- necessary and available means to secure range of critical health problems and builds PRESSING THE SENSE OF THE Israel’s membership in the OECD. local capacity while ensuring equitable ac- SENATE IN SUPPORT OF THE AC- f cess, especially by the poor, women and CESSION OF ISRAEL TO THE SENATE CONCURRENT RESOLU- girls, and other vulnerable populations, to CONVENTION ON THE ORGANISA- services; and TION 31—EXPRESSING SUPPORT Whereas the United States has a history of TION FOR ECONOMIC CO-OPER- FOR ADVANCING VITAL UNITED ATION AND DEVELOPMENT leadership and success in building inter- STATES INTERESTS THROUGH national consensus and improving health Mr. CARDIN (for himself, Mr. COLE- INCREASED ENGAGEMENT IN throughout the world by investing in basic MAN, Mr. BIDEN, Mr. SMITH, and Mr. HEALTH PROGRAMS THAT AL- health services, particularly services for BUNNING) submitted the following reso- LEVIATE DISEASE AND REDUCE poor and vulnerable populations: Now, there- lution; which was considered and PREMATURE DEATH IN DEVEL- fore, be it agreed to: OPMENT NATIONS, ESPECIALLY Resolved by the Senate (the House of Rep- S. RES. 188 THROUGH PROGRAMS THAT COM- resentatives concurring), That Congress— Whereas Israel has met the membership BAT HIGH LEVELS OF INFEC- (1) recognizes that contributing to improv- criteria for the Organisation for Economic TIOUS DISEASE IMPROVE CHIL- ing health in developing nations is in the Co-operation and Development (OECD), and DREN’S AND WOMEN’S HEALTH, vital interest of the United States, as it has actively sought membership in the body DECREASE MALNUTRITION, RE- helps protect the health of the American since 2000; DUCE UNINTENDED PREG- people, facilitates development among part- Whereas, in May 2006, the OECD adopted in NANCIES, FIGHT THE SPREAD OF ner nations, cultivates a positive image for full the Report by the Working Party on the HIV/AIDS, ENCOURAGE HEALTHY the United States, and projects the humani- Implications of Future Enlargement on tarian values of the American people; OECD Governance, stating that expanding BEHAVIORS, AND STRENGTHEN HEALTH CARE CAPACITY (2) acknowledges the need to strengthen membership is vital to the organization; health care systems to meet essential health Whereas the OECD is expected to vote on Mr. FEINGOLD (for himself and Mr. needs, including surveillance and informa- enlargement and consider new countries for SUNUNU) submitted the following con- tion systems, facilities and equipment, man- membership at a ministerial meeting in May current resolution; which was referred agement capacity, and an adequately com- 2007; to the Committee on Foreign Rela- pensated health care work force that is ap- Whereas Israel is the most active non- member country in the OECD, is a member, tions: propriate in number, composition, and skills; observer, or ad hoc observer in 50 working S. CON. RES. 31 (3) supports the unprecedented and unpar- bodies, is party to various OECD declara- Whereas health is integral to social and alleled investments of the United States in tions, and is already in compliance with mul- economic development and to building sta- reducing the global burdens of HIV/AIDS and tiple OECD standards; ble, independent, and productive societies; malaria through the President’s Emergency Whereas Israel made significant economic Whereas unnecessarily high levels of pre- Program for AIDS Relief and the President’s reforms in recent years that grew the private ventable death and disability persist in de- Malaria Initiative; and sector and streamlined the public sector, and veloping nations, including over 10,000,000 (4) encourages the United States Govern- the Prime Minister of Israel, Ehud Olmert, child deaths every year—30,000 each day—a ment to expand its adoption and implemen- stated that OECD membership would anchor majority of which are from easily prevent- tation of policies and programs that allevi- these reforms and allow additional reforms; able or treatable causes, including pneu- ate the greatest burden of disease in devel- Whereas membership in the OECD would monia, diarrhea, malaria, malnutrition, oping nations in the most efficient and cost- strengthen the position of Israel in the glob- measles, and complications immediately fol- effective manner possible. al economy, solidify Israel’s transition from lowing birth; 40,000,000 people infected with

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5605 SENATE CONCURRENT RESOLU- AMENDMENTS SUBMITTED AND ommendations to the Secretary regarding TION 32—HONORING THE 50TH PROPOSED activities of the Food and Drug Administra- ANNIVERSARY OF STAN HYWET tion. SA 1034. Mr. DURBIN (for himself and Mr. ‘‘(2) FINANCIAL INTEREST.—The term ‘finan- HALL & GARDENS BINGAMAN) submitted an amendment in- cial interest’ means a financial interest Mr. VOINOVICH (for himself and Mr. tended to be proposed by him to the bill S. under section 208(a) of title 18, United States 1082, to amend the Federal Food, Drug, and BROWN) submitted the following con- Code. Cosmetic Act to reauthorize and amend the ‘‘(b) APPOINTMENTS TO ADVISORY COMMIT- current resolution; which was referred prescription drug user fee provisions, and for TEES.— to the Committee on the Judiciary: other purposes; which was ordered to lie on ‘‘(1) RECRUITMENT.— S. CON. RES. 32 the table. ‘‘(A) IN GENERAL.—Given the importance of Whereas Stan Hywet Hall was built be- SA 1035. Mr. BURR submitted an amend- advisory committees to the review process at tween 1912 and 1915 by Franklin ‘‘F.A.’’ Au- ment intended to be proposed by him to the the Food and Drug Administration, the Sec- gustus Seiberling and his wife, Gertrude; bill S. 1082, supra; which was ordered to lie retary, through the Office of Women’s Whereas Franklin Seiberling hired archi- on the table. Health, the Office of Orphan Product Devel- tect Charles S. Schneider of Cleveland to de- SA 1036. Mr. CORKER submitted an amend- opment, the Office of Pediatric Therapeutics, sign the home, landscape architect Warren ment intended to be proposed to amendment and other offices within the Food and Drug Administration with relevant expertise, H. Manning of Boston to design the grounds, SA 990 submitted by Mr. DORGAN (for him- shall develop and implement strategies on and Hugo F. Huber of New York City to deco- self, Ms. SNOWE, Mr. GRASSLEY, Mr. MCCAIN, effective outreach to potential members of rate the interior; Ms. STABENOW, Mr. NELSON of Florida, Mr. advisory committees at universities, col- Whereas Stan Hywet Hall is one of the fin- PRYOR, Mr. SANDERS, Mr. WHITEHOUSE, and leges, other academic research centers, pro- est examples of Tudor Revival architecture Mrs. MCCASKILL) to the bill S. 1082, supra; fessional and medical societies, and patient in the United States; which was ordered to lie on the table. and consumer groups. The Secretary shall Whereas Alcoholics Anonymous, an organi- SA 1037. Mr. VITTER submitted an amend- seek input from professional medical and sci- zation that continues to help millions of in- ment intended to be proposed by him to the entific societies to determine the most effec- dividuals worldwide recover from alcohol ad- bill S. 1082, supra; which was ordered to lie on the table. tive informational and recruitment activi- diction, was founded on Mother’s Day 1935 ties. The Secretary shall also take into ac- following a meeting between Mr. Bill Wilson SA 1038. Mr. VITTER submitted an amendment intended to be proposed by him to the count the advisory committees with the and Dr. Bob Smith and hosted by Henrietta greatest number of vacancies. Seiberling at Stan Hywet Hall; bill S. 1082, supra; which was ordered to lie on the table. ‘‘(B) RECRUITMENT ACTIVITIES.—The re- Whereas, in 1957, in keeping with the Stan cruitment activities under subparagraph (A) Hywet Hall crest motto of ‘‘Non Nobis Solum SA 1039. Mr. GRASSLEY submitted an amendment intended to be proposed by him may include— (Not for Us Alone)’’, the Seiberling family ‘‘(i) advertising the process for becoming donated Stan Hywet Hall to a nonprofit or- to the bill S. 1082, supra; which was ordered to lie on the table. an advisory committee member at medical ganization, which came to be known as Stan and scientific society conferences; Hywet Hall & Gardens, so that the public SA 1040. Mrs. CLINTON (for herself and Mr. LAUTENBERG) submitted an amendment in- ‘‘(ii) making widely available, including by could enjoy and experience part of a note- using existing electronic communications worthy chapter in the history of the United tended to be proposed by her to the bill S. 1082, supra; which was ordered to lie on the channels, the contact information for the States; Food and Drug Administration point of con- Whereas Stan Hywet Hall & Gardens is table. SA 1041. Mr. OBAMA submitted an amend- tact regarding advisory committee nomina- identified as a National Historic Landmark tions; and by the Department of the Interior, the only ment intended to be proposed by him to the bill S. 1082, supra; which was ordered to lie ‘‘(iii) developing a method through which location in Akron, Ohio, with such a designa- an entity receiving funding from the Na- tion and one of only 2,200 nationwide; on the table. SA 1042. Mr. ENSIGN submitted an amend- tional Institutes of Health, the Agency for Whereas Stan Hywet Hall & Gardens is one Healthcare Research and Quality, the Cen- of Ohio’s top 10 tourist attractions, is a Save ment intended to be proposed by him to the bill S. 1082, supra; which was ordered to lie ters for Disease Control and Prevention, or America’s Treasures project, and is accred- the Veterans Health Administration can ited by the American Association of Muse- on the table. SA 1043. Mr. REED (for himself and Mr. identify a person who the Food and Drug Ad- ums; ministration can contact regarding the nom- Whereas more than 5,000,000 people from DODD) submitted an amendment intended to be proposed to amendment SA 1035 sub- ination of individuals to serve on advisory around the world have visited Stan Hywet committees. mitted by Mr. BURR and intended to be pro- Hall & Gardens, with the number of visitors ‘‘(2) EVALUATION AND CRITERIA.—When con- annually averaging between 150,000 and posed to the bill S. 1082, supra; which was ordered to lie on the table. sidering a term appointment to an advisory 200,000 since 1999; committee, the Secretary shall review the Whereas Stan Hywet Hall & Gardens con- SA 1044. Mr. KOHL submitted an amendment intended to be proposed by him to the expertise of the individual and the financial tributes over $12,000,000 annually to the disclosure report filed by the individual pur- greater Akron economy; bill S. 1082, supra; which was ordered to lie on the table. suant to the Ethics in Government Act of Whereas Stan Hywet Hall & Gardens is a 1978 for each individual under consideration recipient of the Trustee Emeritus Award for f for the appointment, so as to reduce the like- Excellence in the Stewardship of Historic TEXT OF AMENDMENTS lihood that an appointed individual will Sites from the National Trust for Historic later require a written determination as re- Preservation, only the fourth recipient of SA 1034. Mr. DURBIN (for himself ferred to in section 208(b)(1) of title 18, the Award after George Washington’s Mount and Mr. BINGAMAN) submitted an United States Code, a written certification Vernon, Thomas Jefferson’s Monticello, and amendment intended to be proposed by as referred to in section 208(b)(3) of title 18, Washington, D.C.’s Octagon House; and him to the bill S. 1082, to amend the United States Code, or a waiver as referred Whereas Stan Hywet Hall & Gardens relies Federal Food, Drug, and Cosmetic Act to in subsection (c)(3) of this section for serv- on more than 1,300 volunteers to ensure that ice on the committee at a meeting of the its doors remain open to the public, includ- to reauthorize and amend the prescription drug user fee provisions, and for committee. ing the Women’s Auxiliary Board, the ‘‘(3) PARTICIPATION OF GUEST EXPERT WITH Friends of Stan Hywet, the Stan Hywet other purposes; which was ordered to FINANCIAL INTEREST.—Notwithstanding any Gilde, the Stan Hywet Needlework Guild, the lie on the table; as follows: other provision of this section, an individual Stan Hywet Flower Arrangers, the Stan In title II, strike subtitle D and insert the with a financial interest with respect to any Hywet Garden Committee, the Carriage following: matter considered by an advisory committee House Gift Shop, the Conservatory, Vintage Subtitle D—Conflicts of Interest may be allowed to participate in a meeting Base Ball, Vintage Explorers, the Akron Gar- of an advisory committee as a guest expert if den Club, and the Garden Forum of Greater SEC. 241. CONFLICTS OF INTEREST. the Secretary determines that the individual Akron: Now, therefore, be it (a) IN GENERAL.—Subchapter A of chapter has particular expertise required for the Resolved by the Senate (the House of Rep- VII of the Federal Food, Drug, and Cosmetic meeting. An individual participating as a resentatives concurring), That Congress— Act (21 U.S.C. 371 et seq.) is amended by in- guest expert may provide information and (1) congratulates Stan Hywet Hall & Gar- serting at the end the following: expert opinion, but shall not participate in dens on its 50th anniversary; ‘‘SEC. 712. CONFLICTS OF INTEREST. the discussion or voting by the members of (2) honors Stan Hywet Hall & Gardens for ‘‘(a) DEFINITIONS.—For purposes of this sec- the advisory committee. its commitment to sharing its history, gar- tion: ‘‘(c) GRANTING AND DISCLOSURE OF WAIV- dens, and art collections with the public; and ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi- ERS.— (3) directs the Secretary of the Senate to sory committee’ means an advisory com- ‘‘(1) IN GENERAL.—Prior to a meeting of an transmit a copy of this resolution to Stan mittee under the Federal Advisory Com- advisory committee regarding a ‘particular Hywet Hall & Gardens. mittee Act that provides advice or rec- matter’ (as that term is used in section 208 of

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5606 CONGRESSIONAL RECORD — SENATE May 3, 2007 title 18, United States Code), each member of section (c)(5) (other than information ex- research, including research networks and the committee who is a full-time Govern- empted from disclosure under section 552 of trained pediatric investigators; and ment employee or special Government em- title 5, United States Code, and section 552a ‘‘(B) may consider the availability of quali- ployee shall disclose to the Secretary finan- of title 5, United States Code). fied countermeasures (as defined in section cial interests in accordance with subsection ‘‘(e) ANNUAL REPORT.—Not later than Feb- 319F–1) and qualified pandemic or epidemic (b) of such section 208. ruary 1 of each year, the Secretary shall sub- products (as defined in section 319F–3) to ad- ‘‘(2) FINANCIAL INTEREST OF ADVISORY COM- mit to the Committee on Appropriations and dress the needs of pediatric populations, in MITTEE MEMBER OR FAMILY MEMBER.—No the Committee on Health, Education, Labor, consultation with the Assistant Secretary member of an advisory committee may vote and Pensions of the Senate, and the Com- for Preparedness and Response.’’; and with respect to any matter considered by the mittee on Appropriations and the Committee (2) in subsection (b), by striking ‘‘sub- advisory committee if such member (or an on Energy and Commerce of the House of section (a)’’ and inserting ‘‘paragraphs (1) immediate family member of such member) Representatives a report that describes— and (2)(A) of subsection (a)’’. has a financial interest that could be af- ‘‘(1) with respect to the fiscal year that fected by the advice given to the Secretary ended on September 30 of the previous year, SA 1036. Mr. CORKER submitted an with respect to such matter, excluding inter- the number of vacancies on each advisory amendment intended to be proposed to ests exempted in regulations issued by the committee, the number of nominees received amendment SA 990 submitted by Mr. Director of the Office of Government Ethics for each committee, and the number of such as too remote or inconsequential to affect nominees willing to serve; DORGAN (for himself, Ms. SNOWE, Mr. the integrity of the services of the Govern- ‘‘(2) with respect to such year, the aggre- GRASSLEY, Mr. MCCAIN, Ms. STABENOW, ment officers or employees to which such gate number of disclosures required under Mr. NELSON of Florida, Mr. PRYOR, Mr. regulations apply. subsection (c)(5) for each meeting of each ad- SANDERS, Mr. WHITEHOUSE, and Mrs. ‘‘(3) WAIVER.—The Secretary may grant a visory committee and the percentage of indi- MCCASKILL) to the bill S. 1082, to waiver of the prohibition in paragraph (2) if viduals to whom such disclosures did not amend the Federal Food, Drug, and such waiver is necessary to afford the advi- apply who served on such committee for each Cosmetic Act to reauthorize and amend sory committee essential expertise. such meeting; the prescription drug user fee provi- ‘‘(4) LIMITATIONS.— ‘‘(3) with respect to such year, the number sions, and for other purposes; which ‘‘(A) ONE WAIVER PER COMMITTEE MEET- of times the disclosures required under sub- was ordered to lie on the table; as fol- ING.—Notwithstanding any other provision of section (c)(5) occurred under subparagraph this section, with respect to each advisory (B) of such subsection; and lows: committee, the Secretary shall not grant ‘‘(4) how the Secretary plans to reduce the On page 88 of the amendment, strike lines more than 1 waiver under paragraph (3) per number of vacancies reported under para- 5 through 7 and insert the following: committee meeting. graph (1) during the fiscal year following ‘‘(B) the packaging, repackaging, labeling, ‘‘(B) SCIENTIFIC WORK.—The Secretary may such year, and mechanisms to encourage the relabeling, or distribution of a prescription not grant a waiver under paragraph (3) for a nomination of individuals for service on an drug. member of an advisory committee when the advisory committee, including those who are ‘‘(o) PROHIBITION ON COMMINGLING.— member’s own scientific work is involved. classified by the Food and Drug Administra- ‘‘(1) IN GENERAL.—A registered importer ‘‘(5) DISCLOSURE OF WAIVER.—Notwith- tion as academicians or practitioners. shall not commingle a prescription drug im- standing section 107(a)(2) of the Ethics in ‘‘(f) PERIODIC REVIEW OF GUIDANCE.—Not ported into the United States under this sec- Government Act (5 U.S.C. App.), the fol- less than once every 5 years, the Secretary tion with another prescription drug unless lowing shall apply: shall review guidance of the Food and Drug such other prescription drug is imported ‘‘(A) 15 OR MORE DAYS IN ADVANCE.—As soon Administration regarding conflict of interest from a permitted country. as practicable, but in no case later than 15 waiver determinations with respect to advi- ‘‘(2) LABEL.—A registered importer (includ- days prior to a meeting of an advisory com- sory committees and update such guidance ing an Internet pharmacy) that dispenses a mittee to which a written determination as as necessary.’’. prescription drug imported from a permitted referred to in section 208(b)(1) of title 18, (b) CONFORMING AMENDMENT.—Section country shall affix on each dispensed con- United States Code, a written certification 505(n) of the Federal Food, Drug, and Cos- tainer of the prescription drug the label reas referred to in section 208(b)(3) of title 18, metic Act (21 U.S.C. 355(n)) is amended by— quired under paragraph (3), unless such a United States Code, or a waiver as referred (1) striking paragraph (4); and label is already affixed to the container. to in paragraph (3) applies, the Secretary (2) redesignating paragraphs (5), (6), (7), ‘‘(3) REQUIREMENTS.—Each prescription shall disclose (other than information ex- and (8) as paragraphs (4), (5), (6), and (7), re- drug imported under this section shall be in empted from disclosure under section 552 of spectively. a container that bears a label stating, in title 5, United States Code, and section 552a (c) EFFECTIVE DATE.—The amendments prominent and conspicuous type— of title 5, United States Code (popularly made by this section shall take effect on Oc- ‘‘(A) the lot number of the prescription known as the Freedom of Information Act tober 1, 2007. drug; and the Privacy Act of 1974, respectively)) on ‘‘(B) the name, address, and phone number the Internet website of the Food and Drug SA 1035. Mr. BURR submitted an of the exporter of the drug, regardless of Administration— amendment intended to be proposed by whether the exporter is registered; ‘‘(i) the type, nature, and magnitude of the him to the bill S. 1082, to amend the ‘‘(C) the following statement: ‘This drug financial interests of the advisory com- Federal Food, Drug, and Cosmetic Act has been imported from llllll.’ with mittee member to which such determina- to reauthorize and amend the prescrip- the name of the permitted country from which the prescription drug has imported in tion, certification, or waiver applies; and tion drug user fee provisions, and for ‘‘(ii) the reasons of the Secretary for such the blank space; determination, certification, or waiver. other purposes; which was ordered to ‘‘(D) a unique identifier code provided by ‘‘(B) LESS THAN 30 DAYS IN ADVANCE.—In the lie on the table; as follows: the Secretary that modifies the national case of a financial interest that becomes At the end of the bill, insert the following: drug code of the prescription drug to indi- known to the Secretary less than 30 days SEC. ll. ADDITION TO PRIORITY LIST CONSID- cate that the drug has been imported; prior to a meeting of an advisory committee ERATIONS. ‘‘(E) a statement that discloses the origi- to which a written determination as referred Section 409I of the Public Health Service nating country of the drug; and to in section 208(b)(1) of title 18, United Act (42 U.S.C. 284m), as amended by this Act, ‘‘(F) that the container complies with any States Code, a written certification as re- is further amended— other applicable requirement of this Act.’’. ferred to in section 208(b)(3) of title 18, (1) by striking subsection (a)(2) and insert- United States Code, or a waiver as referred ing the following: SA 1037. Mr. VITTER submitted an to in paragraph (3) applies, the Secretary ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- amendment intended to be proposed by shall disclose (other than information ex- TION.—In developing and prioritizing the list him to the bill S. 1082, to amend the empted from disclosure under section 552 of under paragraph (1), the Secretary— Federal Food, Drug, and Cosmetic Act ‘‘(A) shall consider— title 5, United States Code, and section 552a to reauthorize and amend the prescrip- of title 5, United States Code) on the Inter- ‘‘(i) therapeutic gaps in pediatrics that net website of the Food and Drug Adminis- may include developmental pharmacology, tion drug user fee provisions, and for tration, the information described in clauses pharmacogenetic determinants of drug re- other purposes; which was ordered to (i) and (ii) of subparagraph (A) as soon as sponse, metabolism of drugs and biologics in lie on the table; as follows: practicable after the Secretary makes such children, and pediatric clinical trials; At the appropriate place in the amend- determination, certification, or waiver, but ‘‘(ii) particular pediatric diseases, dis- ment, insert the following: in no case later than the date of such meet- orders or conditions where more complete SEC. ll. REQUIRED TESTING OF DRUGS. ing. knowledge and testing of therapeutics, in- Notwithstanding any other provision of ‘‘(d) PUBLIC RECORD.—The Secretary shall cluding drugs and biologics, may be bene- this title (and the amendment made by this ensure that the public record and transcript ficial in pediatric populations; and title) a prescription drug may only be im- of each meeting of an advisory committee ‘‘(iii) the adequacy of necessary infrastruc- ported by a pharmacist, wholesaler, or indi- includes the disclosure required under sub- ture to conduct pediatric pharmacological vidual under this title (or amendments) if

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5607 the importer of such drug complies with sub- SEC. ll. JOINT TASK FORCE WITH THE FOOD a class action lawsuit against the manufac- sections (d)(1) and (e) of section 804 of such AND DRUG ADMINISTRATION AND turer, distributor, or seller of such drug, bio- Act (21 U.S.C. 384(d)(1) and (e)), as in effect THE DEPARTMENT OF AGRI- logical product, or medical device. on the day before the date of enactment of CULTURE. (a) IN GENERAL.—Not later than 180 days this Act. after the date of enactment of this Act, the SA 1043. Mr. REED (for himself and Secretary of Health and Human Services, the SA 1038. Mr. VITTER submitted an Mr. DODD) submitted an amendment in- Commissioner of Food and Drugs, and the tended to be proposed to amendment amendment intended to be proposed by Secretary of Agriculture shall establish a SA 1035 submitted by Mr. BURR and in- him to the bill S. 1082, to amend the joint task force concerning foodborne ill- Federal Food, Drug, and Cosmetic Act nesses. tended to be proposed to the bill S. to reauthorize and amend the prescrip- (b) CHAIRPERSON.—The Secretary of Health 1082, to amend the Federal Food, Drug, tion drug user fee provisions, and for and Human Services shall serve as the chair- and Cosmetic Act to reauthorize and other purposes; which was ordered to person of the joint task force established amend the prescription drug user fee lie on the table; as follows: under subsection (a). provisions, and for other purposes; (c) DUTIES.—The joint task force estab- which was ordered to lie on the table; At the appropriate place in the amend- lished under subsection (a) shall— as follows: ment, insert the following: (1) develop recommendations on how to ef- SEC. ll. REQUIRED FDA APPROVAL OF DRUGS. fectively address the problem of foodborne In lieu of the matter proposed to be in- Notwithstanding any other provision of illness in the United States; serted, insert the following: this title (and the amendment made by this (2) submit to Congress recommendation for ( ) ADDITION TO PRIORITY LIST CONSIDER- title) a prescription drug may only be im- changes in the law to address the sources of ATIONS.— ported by a pharmacist, wholesaler, or indi- food contamination before hazards enter the (1) IN GENERAL.—Section 409I of the Public vidual under this title (or amendments) if— food supply, such as mandatory recall au- Health Service Act (42 U.S.C. 284m), as (1) such drug complies with section 505 of thority, trace back procedures, and modi- amended by this Act, is amended— the Federal Food, Drug, and Cosmetic Act fication to farm regulations; and (A) by striking subsection (a)(2) and insert- (21 U.S.C. 355)(including with respect to (3) identify measures to be taken at the ing the following: being safe and effective for the intended use Federal agency level to effectively improve ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- of the prescription drug) and with sections internal and external communication and in- TION.—In developing and prioritizing the list 501 and 502 of such Act (21 U.S.C. 351 and 352); formation sharing with respect to addressing under paragraph (1), the Secretary— (2) the importer of such drug complies with the problem of foodborne illness. ‘‘(A) shall consider— subsections (d)(1) and (e) of section 804 of (d) PARTICIPATION AND INPUT OF OTHERS.— ‘‘(i) therapeutic gaps in pediatrics that such Act (21 U.S.C. 384(d)(1) and (e)), as in ef- The joint task force established under sub- may include developmental pharmacology, fect on the day before the date of enactment section (a) shall establish mechanisms to pharmacogenetic determinants of drug re- of this Act; and allow relevant stakeholder, including farm- sponse, metabolism of drugs and biologics in (3) the drug or importer of such drug com- ers, the food industry, consumer groups, and children, and pediatric clinical trials; plies with any additional requirements de- relevant State agencies, to participate in ‘‘(ii) particular pediatric diseases, dis- termined by the Secretary of Health and task force activities and to provide the task orders or conditions where more complete Human Services to be appropriate as a safe- force with input on food safety policy. knowledge and testing of therapeutics, in- guard to protect the public health or as a SA 1041. Mr. OBAMA submitted an cluding drugs and biologics, may be bene- means to facilitate the importation of pre- ficial in pediatric populations; and scription drugs. amendment intended to be proposed by ‘‘(iii) the adequacy of necessary infrastruc- him to the bill S. 1082, to amend the ture to conduct pediatric pharmacological SA 1039. Mr. GRASSLEY submitted Federal Food, Drug, and Cosmetic Act research, including research networks and an amendment intended to be proposed to reauthorize and amend the prescrip- trained pediatric investigators; and by him to the bill S. 1082, to amend the tion drug user fee provisions, and for ‘‘(B) may consider the availability of quali- Federal Food, Drug, and Cosmetic Act other purposes; which was ordered to fied countermeasures (as defined in section to reauthorize and amend the prescrip- lie on the table; as follows: 319F–1) and qualified pandemic or epidemic products (as defined in section 319F–3) to ad- tion drug user fee provisions, and for At the appropriate place, insert the fol- dress the needs of pediatric populations, in lowing: other purposes; which was ordered to consultation with the Assistant Secretary lie on the table; as follows: SEC. ll. IMPROVING GENETIC TEST SAFETY for Preparedness and Response.’’; and AND QUALITY. At the end of subtitle E of title II, insert (B) in subsection (b), by striking ‘‘sub- Not later than 30 days after the date of en- the following: section (a)’’ and inserting ‘‘paragraphs (1) actment of this Act, the Secretary shall and (2)(A) of subsection (a)’’. SEC. 2l. AUTHORITY OF THE OFFICE OF SUR- enter into a contract with the Institute of (2) BIOMEDICAL ADVANCED RESEARCH AND DE- VEILLANCE AND EPIDEMIOLOGY. Medicine to conduct a study and prepare a VELOPMENT AUTHORITY.—Section 319L(c)(6) of With respect to all actions of the Food and report that includes recommendations to im- the Public Health Service Act (42 U.S.C. Drug Administration related to post- prove Federal oversight and regulation of ge- 247d–e(c)(6)) is amended by striking ‘‘may marketing drug safety, including labeling netic tests. Such study shall take into con- give priority’’ and inserting ‘‘shall give pri- changes, postapproval studies, and restric- sideration relevant reports by the Sec- ority’’. tions on distribution or use of drugs with se- retary’s Advisory Committee on Genetic rious risks, the Office of Surveillance and Testing and other groups and shall be com- Epidemiology (or successor office) of such pleted not later than 1 year after the date on SA 1044. Mr. KOHL submitted an Administration and the Office of New Drugs which the Secretary entered into such con- amendment intended to be proposed by (or successor office) of such Administration tract. shall make decisions jointly. In the event of him to the bill S. 1082, to amend the a disagreement with respect to an action re- SA 1042. Mr. ENSIGN submitted an Federal Food, Drug, and Cosmetic Act lated to postmarketing drug safety, includ- amendment intended to be proposed by to reauthorize and amend the prescrip- ing labeling changes, postapproval studies, him to the bill S. 1082, to amend the tion drug user fee provisions, and for and restrictions on distribution or use of Federal Food, Drug, and Cosmetic Act other purposes; which was ordered to drugs with serious risks, between such 2 of- lie on the table; as follows: fices, the Commissioner of Food and Drugs to reauthorize and amend the prescrip- shall make the decision with respect to such tion drug user fee provisions, and for At the appropriate place, insert the fol- action. other purposes; which was ordered to lowing: lie on the table; as follows: SEC. ll. PROHIBITION ON IMPORTATION FROM SA 1040. Mrs. CLINTON (for herself At the appropriate place, insert the fol- A FOREIGN FOOD FACILITY THAT and Mr. LAUTENBERG) submitted an lowing: DENIES ACCESS TO FOOD INSPEC- TORS. amendment intended to be proposed by SEC. ll. LIABILITY OF HEALTHCARE PRO- her to the bill S. 1082, to amend the VIDERS. Notwithstanding any other provision of Federal Food, Drug, and Cosmetic Act A healthcare provider who prescribes, or law, no food product may be imported into to reauthorize and amend the prescrip- who dispenses pursuant to a prescription, a the United States that is the product of a tion drug user fee provisions, and for drug, biologic product, or medical device ap- foreign facility registered under section 415 proved, licensed, or cleared by the Food and of the Federal Food, Drug, and Cosmetic Act other purposes; which was ordered to Drug Administration shall not be named as a (21 U.S.C. 350d) that refuses to permit United lie on the table; as follows: party to a product liability lawsuit involving States inspectors, upon request, to inspect At the appropriate place, insert the fol- such drug, biological product, or medical de- such facility or that unduly delays access to lowing: vice and shall not be liable to a claimant in United States inspectors.

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5608 CONGRESSIONAL RECORD — SENATE May 3, 2007 NOTICES OF HEARINGS COMMITTEE ON INDIAN AFFAIRS with Investigation into Replacement of COMMITTEE ON ENERGY AND NATURAL Mr. DORGAN. Mr. President, I would U.S. Attorneys. RESOURCES like to announce that the Committee II. Bills: S. 376, Law Enforcement Of- Mr. BINGAMAN. Mr. President, I on Indian Affairs will meet on Thurs- ficers Safety Act of 2007. (Leahy, Spec- would like to announce for the infor- day, May 3, 2007, at 9:30 a.m. in Room ter, Grassley, Kyl, Sessions, Cornyn) S. mation of the Senate and the public 485 of the Russell Senate Office Build- 221, Fair Contracts for Growers Act of that a hearing has been scheduled being to conduct a hearing on S. 310, the 2007. (Grassley, Feingold, Kohl, Leahy, fore Committee on Energy and Natural Native Hawaiian Government Reorga- Durbin) S. 495, Personal Data Privacy Resources Subcommittee on National nization Act of 2007. and Security Act of 2007. (Leahy, Spec- Parks. Those wishing additional information ter, Feingold, Schumer) S. 239, Notifi- The hearing will be held on May 15, may contact the Indian Affairs Com- cation of Risk to Personal Data Act of 2007, at 2:30 p.m. in room SD–366 of the mittee at 224–2251. 2007. (Feinstein) S. 1202, A bill to re- Dirksen Senate Office Building. f quire agencies and persons in posses- The purpose of the hearing is to re- sion of computerized data containing AUTHORITY FOR COMMITTEES TO ceive testimony on the following bills: sensitive personal information, to dis- MEET S. 553, to amend the Wild and Scenic close security breaches where such Rivers Act to designate certain seg- COMMITTEE ON ARMED SERVICES. breach poses a significant risk of iden- ments of the Eightmile River in the Mr. DORGAN. Mr. President, I ask tity theft. (Sessions) State of Connecticut as components of unanimous consent that the Com- III. Nominations: Debra Ann Living- the National Wild and Scenic Rivers mittee on Armed Services be author- ston to be U.S. Circuit Judge for the System; S. 800, to establish the Niagara ized to meet during the session of the Second Circuit; Roslynn Renee Falls National Heritage Area in the Senate on Thursday, May 3, 2007, at 9:30 Mauskopf to be U.S. District Judge for State of New York; S. 916, to modify a.m., in open, and possibly closed, ses- the Eastern District of New York; the boundary of the Minidoka Intern- sion to receive testimony on United Richard Joseph Sullivan to be U.S. Dis- ment National Monument, to establish States Central Command in review of trict Judge for the Southern District of the Minidoka National Historic Site, to the Defense authorization request for New York; Joseph S. Van Bokkelen to authorize the Secretary of the Interior fiscal year 2008 and the future years de- be U.S. District Judge for the Northern to convey certain land and improve- fense program. District of Indiana. ments of the Gooding Division of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Minidoka Project, Idaho; S. 1057, to objection, it is so ordered. objection, it is so ordered. amend the Wild and Scenic Rivers Act COMMITTEE ON COMMERCE, SCIENCE, AND SEAPOWER SUBCOMMITTEE to designate certain segments of the TRANSPORTATION Mr. DORGAN. Mr. President, I ask New River in the States of North Caro- Mr. DORGAN. Mr. President, I ask unanimous consent that the Seapower lina and Virginia as a component of the unanimous consent that the Com- Subcommittee of the Committee on National Wild and Scenic Rivers Sys- mittee on Commerce, Science, and Armed Services be authorized to meet tem; S. 1209, to provide for the contin- Transportation be authorized to hold a during the session of the Senate on ued administration of Santa Rosa Is- hearing during the session of the Sen- Thursday, May 3, 2007, at 2:30 p.m., in land, Channel Islands National Park, in ate on Thursday, May 3, 2007, at 3 p.m., closed and open sessions to receive tes- accordance with the laws (including in room 253 of the Russell Senate Office timony on Navy Force structure re- regulations) and policies of the Na- Building. The purpose of the hearing is quirements and programs to meet tional Park Service; S. 1281, to amend to review pending Corporate Average those requirements in review of the de- the Wild and Scenic Rivers Act to des- Fuel Economy legislation and related fense authorization request for fiscal ignate certain rivers and streams of matters. year 2008 and the future years defense the headwaters of the Snake River Sys- The PRESIDING OFFICER. Without program. tem as additions to the National Wild objection, it is so ordered. The PRESIDING OFFICER. Without and Scenic River System; H.R. 161, to COMMITTEE ON FINANCE objection, it is so ordered. adjust the boundary of the Minidoka Mr. DORGAN. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE Internment National Monument to in- unanimous consent that the Com- Mr. DORGAN. Mr. President, I ask clude the Nidoto Nai Yoni Memorial in mittee on Finance be authorized to unanimous consent that the Select Bainbridge Island, Washington; H.R. meet during the session of the Senate Committee on Intelligence be author- 247, to designate a Forest Service trail on Thursday, May 3, 2007, at 10 a.m., in ized to meet during the session of the at Waldo Lake in the Willamette Na- 215 Dirksen Senate Office Building, to Senate on May 3, 2007 at 2:30 p.m. to tional Forest in the State of Oregon as hear testimony on ‘‘Offshore Tax Eva- hold a business meeting. a national recreation trail in honor of sion: Stashing Cash Overseas.’’ The PRESIDING OFFICER. Without Jim Weaver, a former Member of the The PRESIDING OFFICER. Without objection, it is so ordered. House of Representatives; and H.R. 376, objection, it is so ordered. SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS to authorize the Secretary of the Inte- COMMITTEE ON HOMELAND SECURITY AND Mr. DORGAN. Mr, President, I ask rior to conduct a special resource study GOVERNMENTAL AFFAIRS unanimous consent that the Sub- to determine the suitability and feasi- Mr. DORGAN. Mr. President, I ask committee on Public Lands and For- bility of including the battlefields and unanimous consent that the Com- ests of the Committee on Energy and related sites of the First and Second mittee on Homeland Security and Gov- Natural Resources be authorized to Battles of Newtonia, Missouri, during ernmental Affairs be authorized to hold a hearing during the session of the the Civil War as part of Wilson’s Creek meet on Thursday, May 3, 2007, at 10 Senate on Thursday, May 3, 2007 at 2:30 National Battlefield or designating the a.m. for a hearing titled ‘‘The Internet: p.m. in room SD–366 of the Dirksen battlefields and related sites as a sepa- A Portal to Violent Islamist Extre- Senate Office Building. rate unit of the National Park System. mism.’’ The purpose of the hearing is to re- Because of the limited time available The PRESIDING OFFICER. Without ceive testimony on the following bills: for the hearing, witnesses may testify objection, it is so ordered. S. 205 and H.R. 865, to grant rights-of- by invitation only. However, those COMMITTEE ON THE JUDICIARY way for electric transmission lines over wishing to submit written testimony Mr. DORGAN. Mr. President, I ask certain Native allotments in the State for the hearing record should send it to unanimous consent that the Com- of Alaska; S. 390, to direct the ex- the Committee on Energy and Natural mittee on the Judiciary be authorized change of certain land in Grand, San Resources, United States Senate, to meet to conduct a markup on Thurs- Juan, and Uintah Counties, Utah; S. Washington, DC 20510–6150, or by e-mail day, May 3, 2007, at 10 a.m. in Dirksen 647, to designate certain land in the to [email protected] Room 226. State of Oregon as wilderness; S. 1139, .gov. to establish the National Landscape For further information, please con- Agenda Conservation System; H.R. 276, to des- tact David Brooks at (202) 224–9863 or I. Committee Authorization: Author- ignate the Piedras Blancas Light Sta- Rachel Pasternack at (202) 224–0883. ization of Subpoenas in Connection tion and the surrounding public land as

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 3, 2007 CONGRESSIONAL RECORD — SENATE S5609 an Outstanding Natural Area to be ad- completes its business today, it stand Singapore Treaty on the Law of Trade- ministered as a part of the National adjourned until 9:30 a.m., Friday morn- marks (the ‘‘Treaty’’ or ‘‘Singapore Landscape Conservation System; and ing, May 4; that on Friday, following Treaty’’) adopted and signed by the H.R. 356, to remove certain restrictions the prayer and pledge, the Journal of United States at Singapore on March on the Mammoth Community Water proceedings be approved to date, the 28, 2006. I also transmit for the infor- District’s ability to use certain prop- morning hour be deemed expired, and mation of the Senate a report of the erty acquired by that District from the the time for the two leaders reserved Department of State with respect to United States. for their use later in the day; that the Treaty. The PRESIDING OFFICER. Without there then be a period of morning busi- If ratified by the United States, the objection, it is so ordered. ness, with Senators permitted to speak Treaty would offer significant benefits SUBCOMMITTEE ON WATER AND POWER therein for up to 10 minutes each; fur- to U.S. trademark owners and national Mr. DORGAN. Mr. President, I ask ther, that when the Senate completes trademark offices, including the unanimous consent that the Sub- its business Friday, it stand adjourned United States Patent and Trademark committee on Water and Power of the until 2:15 p.m., Monday, May 7; that on Office. The beneficial features of the Committee on Energy and Natural Re- Monday, following the prayer and Trademark Law Treaty of 1994 (the sources be authorized to hold a hearing pledge, the Journal of proceedings be ‘‘1994 TLT’’), to which the United during the session of the Senate on approved to date, the morning hour be States is a party, are included in the Thursday, May 3, 2007 at 10 a.m. in deemed expired, and the time for the Singapore Treaty, as well as the im- room SD–366 of the Dirksen Senate Of- two leaders reserved for their use later provements to the 1994 TLT that the fice Building. The purpose of the hear- in the day; that there then be a period United States Government sought to ing is to receive testimony on S. 27, a of morning business until 4 p.m., with achieve through the revision effort. bill to authorize the implementation of the time equally divided and controlled Key improvements allow for national the San Joaquin River Restoration between the two leaders or their des- trademark offices to take advantage of Settlement. ignees, with Senators permitted to electronic communication systems as The PRESIDING OFFICER. Without speak therein for up to 10 minutes an efficient and cost-saving alternative objection, it is so ordered. each; that at 4 p.m., the Senate resume to paper communications, at such time consideration of S. 1082 and there be 2 f as the office is ready to embrace the minutes of debate prior to a vote in re- technology. The Treaty also includes WATER RESOURCES DEVELOP- lation to the Cochran amendment No. trademark license recordation provi- MENT ACT OF 2007—MOTION TO 1010; that upon disposition of the Coch- sions that reduce the formalities that PROCEED ran amendment, there be 2 minutes of trademark owners face when doing Mr. REID. Mr. President, I ask unan- debate prior to a vote in relation to the business in a country that is a Con- imous consent that it be in order to Dorgan amendment No. 990, as amend- tracting Party that requires trademark proceed to calendar No. 128, H.R. 1495, ed, if amended; that upon disposition of license recordation. The goal of these notwithstanding rule XXII. the Dorgan amendment, there be 2 provisions is to reduce the damaging The PRESIDING OFFICER. Without minutes of debate, then the Senate pro- effects that can result from failure to objection, it is so ordered. ceed to vote on the motion to invoke record a license in those jurisdictions cloture on the substitute amendment, CLOTURE MOTION that require recordation. These and Mr. REID. Mr. President, I now move with all debate time equally divided other improvements create a more at- to proceed to calendar No. 128, H.R. and controlled in the usual form and tractive treaty for World Intellectual 1495, and send a cloture motion to the with no intervening amendments or ac- Property Organization Member States. tion in order prior to the votes covered desk. Consequently, once the Treaty is in in this agreement; that Members have The PRESIDING OFFICER. The clo- force, it is expected to increase the ef- until 3 p.m., Monday, to file any first- ture motion having been presented ficiency of national trademark offices, degree amendments. under rule XXII, the Chair directs the I also ask unanimous consent that which in turn is expected to create effi- clerk to read the motion. the vote after the first vote be a 10- ciencies and cost savings for U.S. The legislative clerk read as follows: minute vote rather than a 15-minute trademark owners registering and CLOTURE MOTION vote. maintaining trademarks abroad. We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without Ratification of the Treaty is in the ance with the provisions of rule XXII of the objection, it is so ordered. best interests of the United States. I Standing Rules of the Senate, do hereby recommend, therefore, that the Senate f move to bring to a close debate on the mo- give early and favorable consideration tion to proceed to Calendar No. 128, H.R. REMOVAL OF INJUNCTION OF SE- to the Treaty and give its advice and 1495, Water Resources Development Act. CRECY—TREATY DOCUMENT NO. consent to ratification. Harry Reid, Robert P. Casey, Jr., Byron 110–2 L. Dorgan, Patty Murray, Barbara GEORGE W. BUSH. Boxer, Dick Durbin, Claire McCaskill, Mr. REID. Mr. President, as in execu- THE WHITE HOUSE, May 3, 2007. Bernard Sanders, Tom Carper, Max tive session, I ask unanimous consent f Baucus, Frank R. Lautenberg, Ben that the injunction of secrecy be re- ACCESSION OF ISRAEL TO CON- Cardin, Robert Menendez, Ken Salazar, moved from the following treaty trans- VENTION ON ORGANISATION FOR Edward Kennedy, H.R. Clinton, Amy mitted to the Senate on May 3, 2007, by Klobuchar. ECONOMIC CO-OPERATION AND the President of the United States: DEVELOPMENT Mr. REID. Mr. President, I now with- Singapore Treaty on the Law of draw that motion. Trademarks, Treaty Document No. 110– Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The mo- 2. imous consent that the Senate now tion is withdrawn. I further ask that the treaty be con- proceed to the consideration of S. Res. Mr. REID. Mr. President, I ask unan- sidered as having been read the first 188. imous consent that the mandatory time; that it be referred, with accom- The PRESIDING OFFICER. The quorum call required under rule XXII panying papers, to the Committee on clerk will report the resolution by be waived with respect to the three clo- Foreign Relations and ordered to be title. ture motions filed today. printed; and that the President’s mes- The resolution (S. Res. 188) expressing the The PRESIDING OFFICER. Without sage be printed in the RECORD. sense of the Senate in support of the acces- objection, it is so ordered. The PRESIDING OFFICER. Without sion of Israel to the Convention on the Organisation for Economic Co-operation and f objection, it is so ordered. The message of the President is as Development. ORDERS FOR FRIDAY, MAY 4, AND follows: There being no objection, the Senate MONDAY, MAY 7, 2007 To the Senate of the United States: proceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- I transmit herewith for the Senate’s Mr. REID. Mr. President, I ask unanimous consent that when the Senate advice and consent to ratification the imous consent that the resolution be

VerDate Mar 15 2010 21:14 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03MY7.REC S03MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5610 CONGRESSIONAL RECORD — SENATE May 3, 2007 agreed to, the preamble be agreed to, necessary and available means to secure role that community-based organizations, the motion to reconsider be laid upon Israel’s membership in the OECD. institutions of faith, and charities provide in assisting hungry and food-insecure people; the table, and that any statements re- f lating to the resolution be printed in Whereas more than 50,000 local commu- NATIONAL HUNGER AWARENESS nity-based organizations rely on the support the RECORD. DAY and efforts of more than 1,000,000 volunteers The PRESIDING OFFICER. Without to provide food assistance and services to objection, it is so ordered. Mr. REID. Mr. President, I ask unan- millions of vulnerable people; The resolution (S. Res. 188) was imous consent we now proceed to S. Whereas all citizens of the United States agreed to. Res. 186. can help participate in hunger relief efforts The preamble was agreed to. The PRESIDING OFFICER. The in their communities by— (1) donating food and money to such ef- The resolution, with its preamble, clerk will report the resolution by title. forts; reads as follows: (2) volunteering for such efforts; and The assistant legislative clerk read S. RES. 188 (3) supporting public policies aimed at reas follows: Whereas Israel has met the membership ducing hunger: Now, therefore, be it criteria for the Organisation for Economic A resolution (S. Res. 186) designating June Resolved, That the Senate— Co-operation and Development (OECD), and 5, 2007, as ‘‘National Hunger Awareness Day’’ (1) designates June 5, 2007, as ‘‘National has actively sought membership in the body and authorizing the Senate offices of Sen- Hunger Awareness Day’’; since 2000; ators Gordon H. Smith, Blanche L. Lincoln, (2) calls on the people of the United States Whereas, in May 2006, the OECD adopted in Elizabeth Dole, and Richard J. Durbin to col- to observe National Hunger Awareness Day— full the Report by the Working Party on the lect donations of food during the period be- (A) with appropriate ceremonies, volunteer Implications of Future Enlargement on ginning May 7, 2007, and ending June 5, 2007, activities, and other support for local anti- OECD Governance, stating that expanding from concerned Members of Congress and hunger advocacy efforts and hunger relief membership is vital to the organization; staff to assist families suffering from hunger charities, including food banks, food rescue Whereas the OECD is expected to vote on and food insecurity in the Washington, D.C., organizations, food pantries, soup kitchens, enlargement and consider new countries for metropolitan area. and emergency shelters; and membership at a ministerial meeting in May There being no objection, the Senate (B) by continuing to support programs and 2007; public policies that reduce hunger and food proceeded to consider the resolution. insecurity in the United States; and Whereas Israel is the most active non- Mr. REID. I ask unanimous consent member country in the OECD, is a member, (3) authorizes the offices of Senators Gor- the resolution be agreed to, the pre- don H. Smith, Blanche L. Lincoln, Elizabeth observer, or ad hoc observer in 50 working amble be agreed to, and the motion to bodies, is party to various OECD declara- Dole, and Richard J. Durbin to collect donations, and is already in compliance with mul- reconsider be laid on the table. tions of food during the period beginning tiple OECD standards; The PRESIDING OFFICER. Without May 7, 2007, and ending June 5, 2007, from Whereas Israel made significant economic objection, it is so ordered. concerned Members of Congress and staff to reforms in recent years that grew the private The resolution (S. Res. 186) was assist families suffering from hunger and sector and streamlined the public sector, and food insecurity in the Washington, D.C., agreed to. metropolitan area. the Prime Minister of Israel, Ehud Olmert, The preamble was agreed to. stated that OECD membership would anchor The resolution, with its preamble, f these reforms and allow additional reforms; reads as follows: CONDEMNING VIOLENCE IN Whereas membership in the OECD would strengthen the position of Israel in the glob- S. RES. 186 ESTONIA al economy, solidify Israel’s transition from Whereas food insecurity and hunger are a Mr. REID. I ask unanimous consent an emerging market to an advanced econ- fact of life for millions of low-income citi- the Senate now proceed to the imme- omy, and encourage increased foreign domes- zens of the United States and can produce diate consideration of S. Res. 187. tic investment in Israel; physical, mental, and social impairments; The PRESIDING OFFICER. The Whereas the inclusion of Israel in the Whereas recent data published by the De- clerk will report the resolution by OECD would strengthen the OECD because of partment of Agriculture show that almost Israel’s high living standard, liberal and sta- 38,200,000 people in the United States live in title. ble markets, and commitment to democratic households experiencing hunger or food inse- The assistant legislative clerk read values; curity; as follows: Whereas Israel is a world leader in science Whereas the problem of hunger and food A resolution (S. Res. 187) condemning vio- and technology and is home to the most insecurity can be found in rural, suburban, lence in Estonia and attacks on Estonia’s high-technology start-up companies, sci- and urban portions of the United States, embassies in 2007 and expressing solidarity entific publications, and research and devel- touching nearly every community of the Na- with the Government and people of Estonia. opment spending, per capita; tion; There being no objection, the Senate Whereas, in 2006, the World Economic Whereas, although substantial progress has proceeded to consider the resolution. Forum ranked Israel as the world’s 15th been made in reducing the incidence of hun- Mr. REID. I ask unanimous consent most competitive economy; ger and food insecurity in the United States, Whereas the accession of Israel to the Con- certain groups remain vulnerable to hunger the resolution be agreed to, the prevention on the OECD would benefit other and the negative effects of food deprivation, amble be agreed to, and the motion to OECD member countries because of Israel’s including the working poor, the elderly, reconsider be laid on the table. leadership in high-technology companies and homeless people, children, migrant workers, The PRESIDING OFFICER. Without research and development; and and Native Americans; objection, it is so ordered. Whereas Israel is a strong ally of the Whereas the people of the United States The resolution (S. Res. 187) was United States and supports the United have a long tradition of providing food as- agreed to. States in international organizations more sistance to hungry people through acts of The preamble was agreed to. consistently than any other country: Now, private generosity and public support pro- The resolution, with its preamble, therefore, be it grams; reads as follows: Resolved, That it is the sense of the Senate Whereas the Federal Government provides that— essential nutritional support to millions of S. RES. 187 (1) Israel shares the commitment of the low-income people through numerous Fed- Whereas, on April 27, 2007, the Bronze Sol- United States to, and the Organisation of eral food assistance programs, including— dier Soviet monument in central Tallinn was Economic Co-operation and Development (1) the Federal food stamp program, as es- moved to a prominent location in the Garri- (OECD) foundational principles of, good gov- tablished by the Food Stamp Act of 1977 (7 son Military Cemetery as a result of a deci- ernment, free markets, and democratic val- U.S.C. 2011 et seq.); sion by the Government of Estonia; ues; (2) the Richard B. Russell National School Whereas the Government of Estonia com- (2) Israel meets the OECD membership cri- Lunch Act (42 U.S.C. 1751 et seq.), the special municated its reasons for this decision to the teria, and is well deserving of membership; supplemental program for women, infants, Government of the Russian Federation and (3) it is in the interest of the United States and children (WIC) established under section offered to work with Russian officials during to strongly support the accession of Israel to 17 of the Child Nutrition Act of 1966 (42 the process, which the Russian officials de- the Convention on the OECD; and U.S.C. 1786), and other child nutrition pro- clined to do; (4) the United States should strongly advo- grams; and Whereas, on April 27, 2007, a crowd of more cate for Israel’s accession to the Convention (3) food donation programs; than 1,000 demonstrators gathered at the site on the OECD before and during the OECD Whereas there is a growing awareness of of the memorial and riots broke out across ministerial meeting in May 2007 and use all the important public and private partnership Tallinn;

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Whereas more than 153 people were injured (4) urges all activists involved to express DEPARTMENT OF HEALTH AND HUMAN SERVICES as a result of the riots, and one died as a re- their views peacefully and reject violence; TEVI DAVID TROY, OF NEW YORK, TO BE DEPUTY SEC- sult of stabbing by another rioter; (5) honors the sacrifice of all those, includ- RETARY OF HEALTH AND HUMAN SERVICES, VICE ALEX Whereas several stores in Tallinn and suring soldiers of the Red Army, that gave their AZAR II. rounding villages were looted as a result of lives in the fight to defeat Nazism; CENTERS FOR MEDICARE AND MEDICAID the riots, and a statue of an Estonian general (6) condemns any and all efforts to cal- SERVICES was set on fire; lously exploit the memory of the victims of KERRY N. WEEMS, OF NEW MEXICO, TO BE ADMINIS- Whereas, since April 27, 2007, the Govern- the Second World War for political gain; TRATOR OF THE CENTERS FOR MEDICARE AND MEDICAID ment of Estonia has reported several cyber- (7) supports the efforts of the Government SERVICES, VICE MARK B. MCCLELLAN. attacks on its official lines of communica- of Estonia to initiate a dialogue with appro- DEPARTMENT OF STATE tion, including those of the Office of the priate levels of the Government of the Rus- CAMERON R. HUME, OF NEW YORK, A CAREER MEMBER President; sian Federation to resolve the crisis peace- OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER Whereas, on April 28, 2007, and in days fol- fully and to sustain cooperation between MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA lowing, the Embassy of Estonia in Moscow their two sovereign, independent states; and TO THE REPUBLIC OF INDONESIA. was surrounded by angry protesters who de- (8) urges the governments of all coun- DEPARTMENT OF LABOR manded the resignation of the Government tries— of Estonia, tore down the flag of Estonia (A) to condemn the violence that has oc- BRADFORD P. CAMPBELL, OF VIRGINIA, TO BE AN AS- SISTANT SECRETARY OF LABOR, VICE ANN LAINE from the Embassy building, and subjected curred in Estonia, Moscow, and elsewhere in COMBS, RESIGNED. Embassy officials inside the building to vio- 2007 and to urge all parties to express their CORPORATION FOR NATIONAL AND COMMUNITY lence and vandalism; views peacefully; SERVICE Whereas, on April 30, 2007, a delegation of (B) to assist the Government of Estonia in the State Duma of the Russian Federation its investigation into the source of cyber-at- STAN Z. SOLOWAY, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE visited Estonia and issued an official state- tacks; and CORPORATION FOR NATIONAL AND COMMUNITY SERVICE ment at the Embassy of the Russian Federa- (C) to fulfill their obligations under the Vi- FOR A TERM EXPIRING OCTOBER 6, 2011, VICE CAROL tion in Estonia that ‘‘the government of Es- enna Convention on Diplomatic Relations, KINSLEY, TERM EXPIRED. JAMES PALMER, OF CALIFORNIA, TO BE A MEMBER OF tonia must step down’’; done at Vienna April 18, 1961. THE BOARD OF DIRECTORS OF THE CORPORATION FOR Whereas, on May 2, 2007, the Ambassador of f NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- Estonia to the Russian Federation was phys- PIRING OCTOBER 6, 2011, VICE DONNA N. WILLIAMS, TERM ically attacked by protesters and members of MEASURES READ THE FIRST TIME EXPIRED. youth groups during an official press con- EN BLOC—S. 1301 AND S. 1305 FEDERAL RETIREMENT THRIFT INVESTMENT BOARD ference; Mr. REID. Mr. President, I under- Whereas, on May 2, 2007, the Swedish Am- stand there are two bills at the desk. I ALEJANDRO MODESTO SANCHEZ, OF FLORIDA, TO BE A bassador to the Russian Federation was at- MEMBER OF THE FEDERAL RETIREMENT THRIFT IN- tacked as he left the Embassy of Estonia in ask for their first reading, en bloc. VESTMENT BOARD FOR A TERM EXPIRING OCTOBER 11, The PRESIDING OFFICER. Without 2010. (REAPPOINTMENT) Moscow, and his car was damaged by a GORDON JAMES WHITING, OF NEW YORK, TO BE A MEM- crowd, resulting in a formal protest to the objection, it is so ordered. The clerk BER OF THE FEDERAL RETIREMENT THRIFT INVEST- will report. MENT BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2010. Russian Federation by the Swedish Foreign (REAPPOINTMENT) Ministry; The legislative clerk read as follows: ANDREW SAUL, OF NEW YORK, TO BE A MEMBER OF Whereas the Government of Estonia has re- A bill (S. 1301) to preserve and protect the THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2008. (RE- ported other coordinated attacks against Es- free choice of individual employees to form, APPOINTMENT) tonian embassies in Helsinki, Oslo, Copen- join or assist labor organizations, or to re- ANDREW SAUL, OF NEW YORK, TO BE A MEMBER OF hagen, Stockholm, Riga, Prague, Kiev, and frain from such activities. THE FEDERAL RETIREMENT THRIFT INVESTMENT A bill (S. 1305) making emergency war ap- BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2012. (RE- Minsk, and the Estonian Consulate in St. Pe- APPOINTMENT) tersburg; propriations for American troops overseas, IN THE NAVY Whereas, on May 2, 2007, Prime Minister of without unnecessary pork barrel spending Estonia Andrus Ansip stated that a ‘‘sov- and without mandating surrender or retreat THE FOLLOWING NAMED OFFICER FOR APPOINTMENT in Iraq, for the fiscal year ending September IN THE UNITED STATES NAVY TO THE GRADE INDICATED ereign state is under a heavy attack’’ and UNDER TITLE 10, U.S.C., SECTION 624: that the events constitute ‘‘a well-coordi- 30, 2007, and for other purposes. To be rear admiral (lower half) nated and flagrant intervention with the in- Mr. REID. I now ask for a second ternal affairs of Estonia’’; reading and in order to place the bills CAPT. DAVID W. TITLEY, 0000 Whereas, on May 2, 2007, the public pros- on the calendar under the provisions of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ecutor’s office of Estonia initiated an inves- rule XIV, I object to my own request, IN THE UNITED STATES NAVY TO THE GRADE INDICATED tigation into the cyber-attacks against UNDER TITLE 10, U.S.C., SECTION 624: all en bloc. To be rear admiral (lower half) Internet servers in Estonia and requested co- The PRESIDING OFFICER. Objec- operation from the Russian Federation to tion is heard. The bills will be read for CAPT. MICHAEL S. ROGERS, 0000 identify the source of the attacks; the second time on the next legislative THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas, on May 2, 2007, the European IN THE UNITED STATES NAVY TO THE GRADE INDICATED Commission expressed its solidarity with Es- day. UNDER TITLE 10, U.S.C., SECTION 624: tonia and urged Russia to respect its obliga- f To be rear admiral (lower half) tions to the Vienna Convention on Diplo- ADJOURNMENT UNTIL 9:30 A.M. CAPT. DAVID A. DUNAWAY, 0000 matic Relations, done at Vienna April 18, TOMORROW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 1961, and end the blockade of the Embassy of IN THE UNITED STATES NAVY TO THE GRADE INDICATED Estonia in Moscow; and Mr. REID. Mr. President, if there is UNDER TITLE 10, U.S.C., SECTION 624: Whereas the Embassy of Estonia in Russia no further business today, I ask unani- To be rear admiral (lower half) has been closed since April 27, 2007, and Esto- mous consent that the Senate stand CAPT. SAMUEL J. COX, 0000 nia has suspended consular services to Mos- adjourned under the previous order. cow because conditions remain unsafe for There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Embassy officials: Now, therefore, be it IN THE UNITED STATES NAVY TO THE GRADE INDICATED at 6:38 p.m., adjourned until Friday, UNDER TITLE 10, U.S.C., SECTION 624: Resolved, That— May 4, 2007, at 9:30 a.m. To be rear admiral (lower half) (a) it is the sense of the Senate that the Soviet Union’s brutal, decades-long occupa- f CAPT. DAVID G. SIMPSON, 0000 tion of Estonia was illegal, illegitimate, and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS IN THE UNITED STATES NAVY TO THE GRADE INDICATED a patent violation of Estonia’s sovereignty UNDER TITLE 10, U.S.C., SECTION 624: and right to self-determination; and Executive nominations received by To be rear admiral (b) the Senate— the Senate May 3, 2007: (1) expresses its strong support for Estonia COMMODITY FUTURES TRADING COMMISSION REAR ADM. (LH) EDWARD H. DEETS III, 0000 as a sovereign state and a member of the JILL E. SOMMERS, OF KANSAS, TO BE A COMMISSIONER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT North Atlantic Treaty Organization (NATO) OF THE COMMODITY FUTURES TRADING COMMISSION IN THE UNITED STATES NAVY TO THE GRADE INDICATED FOR THE REMAINDER OF THE TERM EXPIRING APRIL 13, UNDER TITLE 10, U.S.C., SECTION 624: and the Organization of Security and Co- 2009, VICE SHARON BROWN-HRUSKA, RESIGNED. operation in Europe (OSCE) as it deals with BARTHOLOMEW H. CHILTON, OF DELAWARE, TO BE A To be rear admiral matters internal to its country; COMMISSIONER OF THE COMMODITY FUTURES TRADING REAR ADM. (LH) JEFFREY A. WIERINGA, 0000 COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- (2) condemns recent acts of violence, van- ING APRIL 13, 2008, VICE FREDERICK WILLIAM HATFIELD, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT dalism, and looting that have taken place in RESIGNED. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Estonia; PENSION BENEFIT GUARANTY CORPORATION (3) condemns the attacks and threats To be rear admiral CHARLES E.F. MILLARD, OF NEW YORK, TO BE DIREC- against Estonia’s embassies and officials in TOR OF THE PENSION BENEFIT GUARANTY CORPORA- REAR ADM. (LH) CHARLES H. GODDARD, 0000 Russia and other countries; TION. (NEW POSITION) REAR ADM. (LH) KEVIN M. MCCOY, 0000

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GLENN J. OLARTE, 0000 STEWART B. WHARTON III, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSEPH W. PIONTEK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: GLENN S. ROSEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be rear admiral (lower half) THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES NAVY CAPT. TERRY J. BENEDICT, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be captain CAPT. MICHAEL E. MCMAHON, 0000 To be captain JAMES A. ALBANI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN D. BLOWER, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED NICHOLAS J. CIPRIANO III, 0000 MATTHEW V. FENTON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN M. DIMENTO, 0000 TIMOTHY FORSYTH, 0000 JOHN V. GURLEY, 0000 ROBERT J. FURUKAWA, 0000 To be rear admiral DOUGLAS C. MARBLE, 0000 ALEXANDER E. HALLIDAY, 0000 REAR ADM. (LH) GERALD R. BEAMAN, 0000 JAMES T. MONROE, 0000 KEVIN J. MULVEY, 0000 REAR ADM. (LH) MARK S. BOENSEL, 0000 DEAN A. SADANAGA, 0000 SCOTT W. OCONNOR, 0000 REAR ADM. (LH) DAN W. DAVENPORT, 0000 CHARLES L. SCHILLING, 0000 RALPH J. ORTOLANO, JR., 0000 REAR ADM. (LH) WILLIAM E. GORTNEY, 0000 STEPHEN C. WOLL, 0000 BRADDOCK L. PARKS, 0000 MARK C. PATTERSON, 0000 REAR ADM. (LH) VICTOR G. GUILLORY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD M. PAYTON, 0000 REAR ADM. (LH) CECIL E. D. HANEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT R. YOUNG, 0000 REAR ADM. (LH) HARRY B. HARRIS, JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) JOSEPH D. KERNAN, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REAR ADM. (LH) MICHAEL A. LEFEVER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY REAR ADM. (LH) CHARLES J. LEIDIG, JR., 0000 RHETTA R. BAILEY, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) ARCHER M. MACY, JR., 0000 DONNA A. CHERRY, 0000 REAR ADM. (LH) CHARLES W. MARTOGLIO, 0000 To be captain ANNETTE P. CORNETT, 0000 REAR ADM. (LH) RICHARD O’HANLON, 0000 GREGORY D. GJURICH, 0000 REAR ADM. (LH) SCOTT R. VAN BUSKIRK, 0000 PATRICK J. BARRETT, 0000 ANNE G. HAMMOND, 0000 REAR ADM. (LH) MICHAEL C. VITALE, 0000 DWAYNE F. BAXTER, 0000 DONNA M. JOYAL, 0000 REAR ADM. (LH) RICHARD B. WREN, 0000 ADAM C. BINFORD, 0000 KATHARINE A. M. REED, 0000 JAMES L. BROWN, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAROL E. SHIVERS, 0000 WILLIAM T. CARNEY, 0000 IN THE THE UNITED STATES NAVY TO THE GRADE INDI- KELLY J. WILD, 0000 ROLAND W. CLATTERBUCK, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: JAMES R. CUSTER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW P. DUBOIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be rear admiral (lower half) LARRY D. GRIPPIN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CAPTAIN JOSEPH P. AUCOIN, 0000 CHRISTIAN H. HANSEN, 0000 CAPTAIN PATRICK H. BRADY, 0000 To be captain BRIAN J. HARRISON, 0000 JOHN R. HAVLIK, 0000 CAPTAIN TED N. BRANCH, 0000 JEFFREY S. COLE, 0000 CAPTAIN PAUL J. BUSHONG, 0000 KURT E. HEDBERG, 0000 DONALD P. DARNELL, JR., 0000 MARK O. HOWELL, 0000 CAPTAIN JAMES F. CALDWELL, JR, 0000 JON A. DOLLAN, 0000 CAPTAIN THOMAS H. COPEMAN III, 0000 JAMES F. HUGHES, 0000 GARY EDWARDS, 0000 ERIC P. JABS, 0000 CAPTAIN PHILIP S. DAVIDSON, 0000 JAMES E. HAGY, 0000 CAPTAIN KEVIN M. DONEGAN, 0000 JAMES M. KUHN, 0000 STEPHANIE T. KECK, 0000 JOHN A. LATHROUM, 0000 CAPTAIN PATRICK DRISCOLL, 0000 PETER C. NULAND, 0000 CAPTAIN EARL L. GAY, 0000 THOMAS W. LUSCHER, 0000 DARREN L. TURNER, 0000 TIMOTHY MAHAN, 0000 CAPTAIN MARK D. GUADAGNINI, 0000 TIMOTHY J. WHITE, 0000 CAPTAIN JOSEPH A. HORN, 0000 ROBERT G. MARIN, 0000 CAPTAIN ANTHONY M. KURTA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ELIZABETH A. MCALISTER, 0000 CAPTAIN RICHARD B. LANDOLT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT F. ONEIL, 0000 CAPTAIN SEAN A. PYBUS, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID J. OPATZ, 0000 CAPTAIN JOHN M. RICHARDSON, 0000 ERIC G. PETERSEN, 0000 CAPTAIN THOMAS S. ROWDEN, 0000 To be captain MATTHEW C. RAGAN, 0000 CAPTAIN NORA W. TYSON, 0000 DOROTHY J. REED, 0000 BRUCE A. BASSETT, 0000 WILLIAM B. SHERER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT GARDENIER, 0000 KENNETH W. SKAGGS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY REZA GHAFFARI, 0000 JEANNINE E. SNOW, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS G. MCBANE, 0000 DONALD J. MISCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain JOSEPH E. SWEENEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL A. YUKISH, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL R. MURRAY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BETH Y. AHERN, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT S. ARP, 0000 To be captain MARK A. ASSUR, 0000 To be captain ROBERTA C. BELESIMO, 0000 JULIE S. CHALFANT, 0000 CURT W. DODGES, 0000 SCOTT A. BEST, 0000 RONALD R. FRITZEMEIER, 0000 MICHAEL P. CANNON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VINCENT J. GAST, 0000 DANIEL C. CROSS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ARNOLD S. LIM, 0000 CHRISTOPHER D. GLASS, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID L. LOVE, 0000 STEVEN F. GROVER, 0000 PAUL J. VANBENTHEM, 0000 To be captain MARY C. HASTY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY D. HELD, 0000 MICHAEL L. INCZE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY PATRICK L. HITE, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS K. HUTCHISON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAROL L. LOEBLEIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain BARRY H. LUCAS, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES C. MANTER, 0000 DANIEL J. MACDONNELL, 0000 JAMES MARKLOFF, 0000 SCOTT A. MILLER, 0000 To be captain DANIEL T. MCGRATTAN, JR., 0000 ROBERT J. PAVUR, 0000 CHARLES R. OTEY, JR., 0000 SANDRA C. IRWIN, 0000 JEAN M. VACURA, 0000 MICHAEL P. PAPA, 0000 MICHAEL J. WILKINS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN J. PAYNE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CURT G. PERKINS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES T. PRESCOTT, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GENE F. PRICE, 0000 To be captain JON N. PUCKETT, 0000 To be captain WILLIAM R. FENICK, 0000 VERA A. REGISTER, 0000 RONALDO SERRANO, 0000 CATHERINE T. MUELLER, 0000 HARRY S. DELOACH, 0000 JOHN J. SURINA, 0000 ISAAC N. SKELTON, 0000 LEE A. JUDSON, 0000 MELINDA A. SUSZAN, 0000 JAMES T. ROONEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM F. YOUNG, 0000 MARK Q. SCHWARTZEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL E. ZIMBEROFF, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY f To be captain RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT B. CALDWELL, JR., 0000 To be captain WITHDRAWAL FREDERICK W. HEPLER, 0000 RICHARD B. LORENTZEN, 0000 KENNETH BRANHAM, 0000 Executive Message transmitted by NORBERT F. MELNICK, 0000 RICHARD P. CARRANO, 0000 ELLEN E. MOORE, 0000 WILLIAM C. HENDRICKS, 0000 the President to the Senate on May 3, KEVIN J. MCGOVERN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 2007 withdrawing from further Senate TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT consideration the following nomina- UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY tion: To be captain RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain JANE C. LUXTON, OF VIRGINIA, TO BE ASSISTANT SEC- DAWN H. DRIESBACH, 0000 RETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE, DAVID E. HALLADAY, 0000 STEVEN P. CLANCY, 0000 VICE JAMES R. MAHONEY, WHICH WAS SENT TO THE SEN- CHRISTOPHER J. MCDONALD, 0000 BURTON L. COOPER, 0000 ATE ON JANUARY 9, 2007.

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IN REMEMBRANCE OF TOM KIM and witness before the United States Select the highest standards of excellence in his aca- Commission on Immigration and Refugee Pol- demics, choosing to enroll and excel in Ad- HON. NANCY PELOSI icy in 1979 and 1980; and member of the vanced Placement classes throughout high OF CALIFORNIA oversight committee for the 1980 United school. John has been a member of the Na- IN THE HOUSE OF REPRESENTATIVES States Census. tional Honor Society, Honor Roll and has I was honored to work with Tom when he earned awards and accolades as a scholar. Thursday, May 3, 2007 co-founded the groundbreaking Asian Pacific Outside the classroom, John has remained Ms. PELOSI. Madam Speaker, I rise today Caucus of the Democratic Party, which extremely involved in his community by ac- to pay tribute to native San Franciscan Tom debuted at the 1984 National Democratic Con- tively participating in the efforts of the Toledo Kim, a trailblazing community leader, orga- vention in San Francisco. The Caucus be- Seagate Food Bank. In addition to assisting nizer, and youth activist of Korean heritage, came a vehicle for Asian Americans to figure the less fortunate in Northwest Ohio, John has who recently passed away at the age of 64. prominently in the democratic process. volunteered to assist the Central American Tom Kim lived in San Francisco all his life, Tom never forgot his own community. He Ministries this summer. By doing so, John will growing up in Chinatown, residing and orga- co-founded the first bilingual, bicultural organi- be working to improve the lives of the children nizing in the predominantly Hispanic Mission zation that provided Koreans in Northern Cali- of Guatemala. I have no doubt that John will District, and in the predominantly African fornia social services, a senior center, and di- employ the lessons of his student leadership American and Japanese-American Western rect service programs, such as immigration as he excels among the leaders at the United Addition. and crisis intervention. He was the first Execu- States Air Force Academy. Tom was a mentor to many of our local and tive Director of the Korean Community Service Madam Speaker, I ask my colleagues to join national community and political leaders. He Center of San Francisco. me in congratulating John J. Nygard on his was a staunch unionist, having joined the Tom also started the first Korean American appointment to the United States Air Force International Longshoremen’s and ethnic heritage project in the United States, Academy at Colorado Springs. Our service Warehousemen’s Union upon becoming a co-producing ‘‘Lest We Forget: Korean Amer- academies offer the finest military training and longshoreman after graduating from high ican Oral History Videos,’’ featuring prominent education available anywhere in the world. I school. Korean Americans such as Olympic diving am sure that John will do very well during his Tom was a champion of the oppressed and champion Dr. Sammy Lee, and United States career at the United States Air Force Acad- underrepresented, especially for our youth. As Army Col. Young Oak Kim, who served with emy and I ask my colleagues to join me in a catalyst for social justice, Tom co-founded the highly decorated 442nd all Japanese wishing him well as he begins his service to the Real Alternatives Program to help alien- American regimental combat unit during World the nation. ated and troubled youth find an alternative to War II. f street life and the juvenile justice system. He I extend my deepest sympathy to Tom’s was one of the first to advocate for commu- family, especially to his two beloved sons, to RECOGNIZING THE FRENCH AND nity-based alternatives to detention. Many of whom Tom was a devoted father. PICKERING CREEKS CONSERVA- TION TRUST ON ITS 40TH ANNI- the modalities for which he advocated early on f are now accepted as the best practices in VERSARY youth work today. IN SPECIAL RECOGNITION OF Tom was in the forefront of founding numer- JOHN J. NYGARD ON HIS AP- HON. JIM GERLACH POINTMENT TO ATTEND THE ous groundbreaking organizations that trained OF PENNSYLVANIA UNITED STATES AIR FORCE and inspired a lineage of professional social IN THE HOUSE OF REPRESENTATIVES workers and psychologists serving the Asian ACADEMY American community—the first national Asian Thursday, May 3, 2007 American Social Work Training Center; the HON. PAUL E. GILLMOR Mr. GERLACH. Madam Speaker, I rise first national Asian American Psychology OF OHIO today to commend the French and Pickering Training Center; Asian American Social Work IN THE HOUSE OF REPRESENTATIVES Creeks Conservation Trust on its 40th Anni- Training at one of California’s State Univer- versary of preserving open spaces and historic sities—San Francisco State; San Francisco- Thursday, May 3, 2007 treasures throughout Chester County, Penn- based Asian American Communities for Edu- Mr. GILLMOR. Madam Speaker, it is my sylvania. cation and Asian Youth Substance Abuse Pre- great pleasure to pay special tribute to an out- The Trust was founded by Samuel and El- vention. standing young man from Ohio’s Fifth Con- eanor Morris as a vehicle for saving and pro- At San Francisco State University, Tom gressional District. I am happy to announce tecting the valuable lands and natural re- helped establish the College of Ethnic Studies that John J. Nygard of Perrysburg, Ohio has sources in the watersheds of northern Chester and was an early faculty member, teaching ju- been offered an appointment to attend the County that they cherished so much. Span- venile law and community alternatives to de- United States Air Force Academy at Colorado ning nearly 110 square miles, these water- tention, as well as Asian American Studies. In Springs, Colorado. sheds contain some of the most beautiful and 1972, he helped organize the first Asian Amer- John’s offer of appointment poises him to amazing open spaces, forests, streams and ican Mental Health Conference, which was attend the United States Air Force Academy rivers in all of Pennsylvania. held in San Francisco. Sponsored by the Na- this summer with the incoming cadet class of Through the hard work and dedication of tional Institute of Mental Health, this seminal 2011. Attending one of our nation’s military countless people, the Trust has successfully conference gave voice to overlooked, under- academies is an invaluable experience that of- partnered with individuals, other organizations served, and negatively understood Asian fers a world-class education and demands the and government entities to preserve nearly Americans to communicate their needs and very best that these young men and women 8,100 acres of valuable open space, build concerns. have to offer. It is one of the most challenging trails and promote greenways along the Tom was a leader in policy development. and rewarding undertakings of their lives. French and Pickering Creeks, and place more He held a number of policy positions—White John brings an enormous amount of leader- than 60 sites on the National Register of His- House consultant for the International Year of ship, service, and dedication to the incoming toric Places. the Child proclaimed by the United Nations in class of Air Force cadets. While attending St. So I ask, Madam Speaker, that my col- 1979; member of the California Bar Associa- John’s Jesuit High School in Toledo, Ohio, leagues join me today in congratulating the tion Committee on Juvenile Justice; member John attained a grade point average which founders, members, supporters and staff of of the President’s Commission on Mental placed him at the top of his class. While an the French and Pickering Creeks Conservation Health, Asian American Panel; consultant to accomplished athlete, John has maintained Trust for 40 years of preserving and protecting

∑ 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 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.001 E03MYPT1 hmoore on PRODPC68 with HMREMARKS E940 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2007 the unparalleled natural resources and out- agency dedicated to the support of education serve their clients. Robert’s continued dedica- standing quality of life in Chester County. This and fundamental research in all scientific and tion to improving the customer experience led wonderful nonprofit organization should be ap- engineering disciplines, we must continue to to the development of a nonreceipt method so plauded for their hard-work and dedication to be generous and fund the NSF at the nec- that SSA beneficiaries could receive replace- this most worthy cause. essary levels to remain at the forefront of dis- ment checks seven to ten days sooner. f covery, learning, and innovation. With the same enthusiasm Robert dem- In 1952, the NSF began by funding 28 re- onstrated when assisting the public, he en- PAYING TRIBUTE TO GINA search grants—in 2005 the number has grown couraged his staff to attain higher positions ROBISON–BILLUPS to well over 10,000. In 2005, the agency re- within the agency. He continuously offered ad- ceived 42,000 proposals for research, fellow- vice and expertise and many careers have HON. JON C. PORTER ships, and projects in science, mathematics, been cultivated under Robert’s tutelage. OF NEVADA and engineering. Madam Speaker and colleagues, please join IN THE HOUSE OF REPRESENTATIVES There have been more than 100 Nobel me in honoring Robert P. Binkley for his ex- Prize Winners and thousands of other distin- ceptional public service. His selfless devotion Thursday, May 3, 2007 guished scientists and engineers that have to the Social Security Administration and his Mr. PORTER. Madam Speaker, I rise today conducted their groundbreaking research with staff has left an indelible mark on the commu- to honor Gina Robison-Billups, for being hon- funding from the NSF. nity. ored by the Nevada District Office of the U.S. From successfully splitting the atom, to f Small Business Administration as the Home landing the first man on the moon, to mapping Based Business Champion of the Year. the human genome, it is because of our in- ON PASSAGE OF THE TORTURE Gina attended Loyola Marymount University vestment in science and technology that the VICTIMS RELIEF ACT—H.R. 1678 and, shortly thereafter, began running her par- United States can be credited for these ac- ents’ home-based entertainment business. complishments. The majority of the research HON. MARK UDALL Gina then started her own business, the Mar- supported by the NSF is conducted at U.S. OF COLORADO keting and Business Development Corpora- colleges and universities and approximately IN THE HOUSE OF REPRESENTATIVES tion, which specialized in providing marketing 82.6% of its estimated research and develop- Thursday, May 3, 2007 and business strategy services to small busi- ment (R&D) budget for 2005 was awarded to ness clients. During her tenure at the head of U.S. colleges and universities. Mr. UDALL of Colorado. Madam Speaker, the Marketing and Business Development Today, we live in a global society and must last week I was pleased to have the oppor- Corp., Gina noticed that there was no organi- continue to invest in our research and devel- tunity to vote to extend the Torture Victims zation that specifically targeted women busi- opment to ensure we remain competitive in Relief Act (TVRA). I have been a cosponsor of ness owners and she committed to help the this global society. Every year, China and this legislation since 2003. In the last Con- 64 million working mothers in America. India graduate 950,000 engineers in compari- gress, the bill became law, but it authorized In addition to her successful business en- son to the 70,000 the United States graduates appropriations only through the end of fiscal deavors, Gina has also established the Moms each year. We must adequately fund and sup- year 2007. So it’s important that Congress act in Business Network and the International As- port the NSF, in order to be internationally to renew it before the current authorization ex- sociation of Working Mothers. Through these competitive and continue to make those cut- pires. H.R. 1678 authorizes for two years addi- networks, Gina has provided valuable net- ting-edge discoveries that have forever tional appropriations for domestic centers and working opportunities as well as educational changed the way we view innovation. programs for the treatment of victims of tor- and financial opportunities through the grant I thank Mr. Baird for bringing this legislation ture, for foreign centers for the treatment of program run by the Moms in Business Net- to the floor and encourage all of my col- victims of torture, and for the U.N. Voluntary work. Presently, the network has over 250 leagues to support this bill. Fund for Victims of Torture. There is no question about the need for this members and the International Association f has over 1,500 members worldwide. funding. Two-thirds of the world’s countries Madam Speaker, I am proud to honor Gina IN RECOGNITION OF ROBERT P. still practice torture. An estimated 500,000 tor- Robison-Billups; her dedication to helping BINKLEY ture survivors live in the United States, and working mothers is truly commendable. I con- about 1,100 refugees and 400 asylum seekers gratulate her for her recent recognition by the HON. DENNIS J. KUCINICH enter my state of Colorado alone each year. Nevada District Office of the U.S. Small Busi- OF OHIO Repressive governments use torture to target ness Administration and wish her continued IN THE HOUSE OF REPRESENTATIVES the very leaders who share our principles of success in her future endeavors. freedom and democracy. Without their voices, Thursday, May 3, 2007 communities are fearful. But torture treatment f Mr. KUCINICH. Madam Speaker, I rise can undo the legacy of torture and reclaim the NATIONAL SCIENCE FOUNDATION today in honor and recognition of Robert P. leaders who stand with us in promoting human AUTHORIZATION ACT OF 2007 Binkley for his unyielding dedication to the So- rights and the rule of law. cial Security Administration of Northeastern I am proud that one of the most effective SPEECH OF Ohio. domestic torture treatment centers is located HON. JAMES P. MORAN Robert Binkley has been a devoted member in Colorado. This year is the tenth anniversary of the SSA for over 40 years. He worked at of the Rocky Mountain Survivors Center OF VIRGINIA the first social security teleclaims taking center (RMSC), which has served over 1,000 sur- IN THE HOUSE OF REPRESENTATIVES in Cleveland, where he provided all the agen- vivors of torture from over 53 different coun- Wednesday, May 2, 2007 cy’s beneficiaries with the prompt and cour- tries and regions around the world, in 35 lan- The House in Committee of the Whole teous service they deserve. He continued his guages. The RMSC is working hard to ensure House on the State of the Union had under personal commitment to help those in vulner- that torture survivors in Colorado become consideration the bill (H.R. 1867) to authorize able positions as a field representative in functioning members of the citizenry through appropriations for fiscal years 2008, 2009, and Michigan. its in-house Legal Services, physical and men- 2010 for the National Science Foundation, Robert later returned to the Cleveland area tal healthcare, psychosocial services, and in- and for other purposes: as a supervisor in the Akron office. It was no terpreter services. Most recently, RMSC intro- Mr. MORAN of Virginia. Mr. Chairman, I rise surprise to his peers when he was promoted duced a community development effort to today to express my strong support for H.R. the Manager of the Teleservice Center in Cin- bring the topic of torture and its impact to 1867, which authorizes $21 billion in funding cinnati, and then Cleveland. While manager of newcomer communities in Colorado and hear for the National Science Foundation over the the Cleveland Teleservice Center, Robert from those newcomers what that impact has next 3 years spent time at the SSA’s headquarters in Balti- been on the larger community, the families of The National Science Foundation (NSF) more, where he was instrumental in devel- survivors and the survivors themselves. was created by the National Science Founda- oping a national 800 number service guide for The Rocky Mountain Survivor Center also tion Act of 1950, with a broad mission of sup- the nation’s teleservice centers. Because of educates providers, healthcare systems, and porting science, engineering and funding basic his ingenuity, many telecommunication serv- community members about torture and how to research across many disciplines. As the only ices across the country are able to better work to heal the wounds of torture, as well as

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.011 E03MYPT1 hmoore on PRODPC68 with HMREMARKS May 3, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E941 how to work to ameliorate and eradicate tor- friend and a counselor to me. He will be IMPROVING HEAD START ACT OF ture itself. The RMSC stands firmly as a voice missed by all who loved him. 2007 for the voiceless in Colorado and as a beacon of hope for those whose hope has been stolen f SPEECH OF by torture. Domestic centers like RMSC re- HON. BOBBY L. RUSH ceive funding from the Office of Refugee Set- HONORING THE MEMORY OF DR. OF ILLINOIS tlement in the Health and Human Services De- JOHN HORACE MOSTELLER IN THE HOUSE OF REPRESENTATIVES partment and other private sources to assist survivors of torture and war trauma and their HON. JO BONNER Wednesday, May 2, 2007 families. But levels of funding for the domestic The House in Committee of the Whole OF ALABAMA and international parts of this program don’t House on the State of the Union had under begin to match authorization levels. Domestic IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 1429) to reauthor- torture treatment programs were funded at al- Thursday, May 3, 2007 ize the Head Start Act, to improve program most $10 million in FY 2007 (and have been quality, to expand access, and for other pur- funded at this same level since 2000), fully Mr. BONNER. Madam Speaker, the city of poses: $15 million short of authorized levels. Inter- Mobile and indeed the entire state of Alabama Mr. RUSH. Mr. Chairman, I rise in fervent national torture treatment centers were funded recently lost a dear friend, and I rise today to support of H.R. 1429, the Improving Head at $8.5 million in FY07, $4.5 million short of honor him and pay tribute to his memory. Dr. Start Act. This bill represents one of the most authorized levels. And the U.S. contribution to John Horace Mosteller was a devoted family important pieces of legislation that Congress the U.N. Fund for Victims of Torture was fund- man, nationally recognized dentist, and dedi- will deliberate because it affects a countless ed at $6.5 million in FY07, $1.5 million short cated community leader. number of our young children and helps pre- of authorized levels. As an officer in the United States Navy, pare them for a lifetime of learning and suc- The Torture Victims Relief Act is vitally nec- dentist, author, special lecturer at the Univer- cess. essary for the work of rehabilitation in this sity of Tennessee College of Dentistry and Specifically, I applaud and support Con- country, but the domestic portion of the bill is Loyola University of New Orleans School of gresswoman JOHNSON’s amendment which ad- woefully underfunded to accomplish this task. Dentistry, clinical professor at the University of dresses the need of engaging low-income and There are well over 500,000 survivors of tor- Alabama School of Dentistry, and essayist, Dr. minority students, who overwhelmingly attend ture in America today, many of whom do not Mosteller dedicated his 84 years to helping HCBU’s, and provides them with additional op- get the services they need because of the others. portunities to train in early childhood education shortage of funds. The U.N. Fund and inter- Dr. Mosteller served as editor of the Journal at the undergraduate, graduate, and post- national portions of the bill should also be of the Alabama Dental Association for 42 graduate levels. generously funded to ensure America’s leader- years and was inducted into the inaugural These same college students would then be ship in the fight against torture throughout the class of the Alabama Health Care Hall of required to teach in Head Start programs edu- world through partnerships and building ca- Fame in 1998. Over the course of his distin- cating students who share similar back- pacity at centers devoted to healing of torture guished career, he published more than 250 grounds and family situations. victims. papers in the dental literature and was author Mr. Chairman, the Johnson amendment is a When Congress adopted the Torture Victims or coauthor of nine books. win-win for our college students, our beginning Relief Act last year, we made a commitment It goes without saying that Dr. Mosteller was students, and for the health and future of this to ensure our population of victims of torture well known throughout the dental community. country. wouldn’t be left behind. Now is the time to ful- He served as an essayist at more than 800 Research verifies what we already under- fill that promise and demonstrate that sur- dental meetings in 46 states and a dozen for- stand, that the earlier our children are en- vivors of torture won’t be forgotten on our eign countries, lectured at 43 American univer- gaged in the learning process the higher their watch. sities, and was a national consultant for restor- chances of success later in school and in life. So I am pleased that this bill passed over- ative dentistry to the Surgeon General of the Head Start promotes school readiness by whelmingly in the House, and I urge my col- U.S. Army for 14 years, a position equivalent providing our youngest students with early leagues to demonstrate the same enthusiasm to the rank of brigadier general. reading and math skills, enhancing their social and cognitive development, and providing when considering appropriation levels for Dr. Mosteller had the distinction of serving them with health, nutritional, and other serv- TVRA programs in the next fiscal year. as the first vice president of the American ices. f Dental Association and was a member of the By addressing the educational needs of our board of trustees of the Alabama Dental Asso- TRIBUTE TO BLY STORY youngest children early on, we will increase ciation for 30 years. He was presented with our chances of closing existing achievement Loyola University’s 50th anniversary Award of gaps. I urge all of my colleagues to support HON. MARION BERRY Merit and was named Dentist of the Year by the Johnson Amendment, and the Improving OF ARKANSAS the Alabama Section of the Pierre Fauchard Head Start Act. IN THE HOUSE OF REPRESENTATIVES Academy. f Thursday, May 3, 2007 But his contributions did not end in the pro- Mr. BERRY. Madam Speaker, I rise here fessional arena—Dr. Mosteller devoted much TRIBUTE TO THE 200TH ANNIVER- today to pay tribute to Bly Story, an out- of his time to the Mobile community. He was SARY OF THE PAUPACK UNITED standing citizen from Cave City, AR. His re- a member of the Mobile Kiwanis Club and METHODIST CHURCH cent death was a great loss to the community chairman of the dental division of the United and the State of Arkansas. Fund. When his busy schedule did allow for HON. CHRISTOPHER P. CARNEY free time, you could likely find Dr. Mosteller at Bly Story was born on October 18th, 1918, OF PENNSYLVANIA the Mobile Country Club, where he was a at Cave City, Arkansas. Story was a WWII IN THE HOUSE OF REPRESENTATIVES U.S. Air Force veteran and a farmer. Story member for 50 years and served as both strongly believed in giving back to the commu- board member and president. Thursday, May 3, 2007 nity, which is why he coached the Tuckerman Madam Speaker, I ask my colleagues to join Mr. CARNEY of Pennsylvania. Madam High School baseball team for 8 years, where me in remembering a dedicated community Speaker, I rise today to recognize the 200th he led them to multiple district championship leader and friend to many throughout south anniversary of the Paupack United Methodist titles and served as the All-State basketball Alabama. Dr. John Horace Mosteller will be Church. The Paupack United Methodist coach for 2 years. deeply missed by his family—his children, Church in Paupack, Pennsylvania is a long- Story also served on the Riceland Food Matt Mosteller, Charles Mosteller, Cynthia standing institution and contributor to our com- board of directors from 1957 to 2005 and the Mosteller, Nancy Mosteller Hoffman, Mary Lou munity. Arkansas Electric Co-op board of directors Mosteller, Pauline Mosteller Danner, and Bar- Originally founded in 1807 as the Paupack from 1999 to 2002. bara Mosteller Price and his 15 grand- Methodist Episcopal Church, they will cele- Bly Story’s service to his community and his children—as well as the countless friends he brate their 200th anniversary in July. The Nation go far beyond the details enumerated leaves behind. Our thoughts and prayers are church was founded after the first American here. He was a great American, a wonderful with them all at this difficult time. Methodist Bishop, Francis Asbury, sent a

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.005 E03MYPT1 hmoore on PRODPC68 with HMREMARKS E942 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2007 horse-riding preacher, Gideon Draper, on the Atlantic Yards project in Brooklyn, a resi- marked that she is fully cognizant of the Wyoming-Minisink Trail. dential and commercial development that myriad challenges faced by minorities with Reverend Draper’s readings from the Meth- will include an arena for the Nets basketball regard to venture funding and career ad- odist Discipline of that time inspired the people team. Under the Atlantic Yards Community vancement. However, on the strength of a Benefits Agreement, negotiated with Forest stellar family reputation in the construction of Paupack to accept those disciplines as or- City Ratner Companies (FCRC), qualified field, her firm has acquired an excellent ganizing principles and to form a church. minority- and women-owned contractors track record and will continue to maintain Originally, the church met in members’ homes were among the firms given due consider- the tradition and performance standards and in local schoolhouses. In 1906, the newly ation for execution of the project. commensurate with that of the oldest minor- formed Ladies’ Aid Society began construction Cheryl McKissack Felder, CEO of The ity-owned professional design and construc- on a church. McKissack Group, confirmed to Carib news tion firm. For 200 years, this congregation has per- that her firm has been selected to oversee severed in preserving their faith and their the reconstruction of the Vanderbilt Rail f Yards. A firm with a proven track record of Church. They credit the dedicated service of having successfully executed similar IN SPECIAL RECOGNITION OF DON- the laity and the faithful preaching of the cler- projects, CEO Cheryl McKissack comes from gy for this tremendous accomplishment. ALD J. KLEMAN ON HIS AP- a family of architects that started with an POINTMENT TO ATTEND THE In closing, Madam Speaker, I ask my col- enslaved Ashanti ancestor in 1790. leagues to join me in recognizing the Paupack As a slave, Moses McKissack first became UNITED STATES NAVAL ACAD- United Methodist Church for their 200 years of a master builder under the tutelage of his EMY distinguished service to Paupack, Pennsyl- owner, William McKissack, one of America’s vania and the United States of America. first contractors. Grandfather Moses McKissack founded the family business in HON. PAUL E. GILLMOR f 1905. Felder’s father, William DeBerry OF OHIO CHERYL MCKISSACK FELDER—AC- McKissack, took it over in 1968 and Felder’s IN THE HOUSE OF REPRESENTATIVES KNOWLEDGMENT OF ACHIEVE- mother, Leatrice Buchanan McKissack managed the business after her husband died. Thursday, May 3, 2007 MENT Felder attended Peabody Demonstration School, earning a B.S. degree in civil engi- Mr. GILLMOR. Madam Speaker, it is my HON. CHARLES B. RANGEL neering in 1981 and M.S. degree in 1983 from great pleasure to pay special tribute to an out- OF NEW YORK Howard University. At the United States De- standing young man from Ohio’s Fifth Con- partment of Defense, Felder provided quality IN THE HOUSE OF REPRESENTATIVES gressional District. I am happy to announce assurance and quality control for govern- that Donald J. Kleman of Fort Jennings, Ohio Thursday, May 3, 2007 ment research projects, including MX mis- has been offered an appointment to attend the Mr. RANGEL. Madam Speaker, I stand be- sile silos, the United States Embassy anti- United States Naval Academy in Annapolis, fore you today to acknowledge the business terrorist program and a large space structures project for NASA. Maryland. achievement of Cheryl McKissack Felder and From 1985 to 1989, she worked as a civil en- Donald’s offer of appointment poises him to to enter into the RECORD an article from the gineer for Weidlinger Associates and, in 1989, attend the United States Naval Academy this Carib News. she served as an estimator for Turner Con- summer with the incoming midshipmen class I am so proud to acknowledge the achieve- struction, both New York City firms. Felder of 2011. Attending one of our nation’s military ments of Cheryl McKissack Felder, descend- also served as the estimation manager for academies is an invaluable experience that of- ant of Moses McKissack, a slave who became the $2.5 million restoration/addition of the fers a world-class education and demands the historic Schomburg Theatre. In 1991, she a master builder and one of America’s first very best that these young men and women contractors. Ms. McKissack is a part of a fam- formed The McKissack Group (TMG), a full service construction management firm now have to offer. ily that has a long history of entrepreneurship with offices in New York City and Philadel- Donald brings an enormous amount of lead- and accomplished architects. She obtained a phia. In 1999, Felder launched McKissack and ership, service, and dedication to the incoming BS degree in civil engineering from Peabody McKissack Associates, an architecture and class at the Naval Academy. While attending Demon stration School and a M.S. degree design company. Fort Jennings High School in Fort Jennings, As The McKissack Group’s chief executive from Howard University. Her career began at Ohio, Donald attained a grade point average the Department of Defense where she was in- officer, Felder managed construction of the US Airways maintenance hangar in Philadel- which placed him at the top of his class. While volved with quality assurance and control for a gifted athlete, Donald has maintained the government research projects. Later, she phia. She also served as project executive for the Medgar Evers Academic Building and highest standards of excellence in his aca- worked for firms in New York City as a civil Student Support Services buildings in demics, choosing to enroll and excel in Ad- engineer and estimator. A major project that Brooklyn, New York. Felder was the prin- vanced Placement classes throughout high she worked on involved the restoration of the cipal in charge of Philadelphia’s $395 million school. Donald has been a member of the Na- Schomburg Theatre. Following in the footsteps Lincoln Financial Field football stadium, tional Honor Society, Honor Roll and has of her ancestors, she opened the architecture the $450 million US Airways International Terminal in Philadelphia and the $1.5 billion earned awards and accolades as a scholar and design firm McKissack and McKissack in and an athlete. 1999. renovation and reconstruction of the School Her firm has worked on several significant District of Philadelphia. Outside the classroom, Donald has distin- As Felder intimated, the prep work will in- projects including the Lincoln Financial Field guished himself as an excellent student-ath- volve the reconstruction of the Vanderbilt lete by participating in both cross county and football stadium and the US Airways Inter- Rail Yards and is expected to extend for national Terminal both in Philadelphia. Most track. Donald has proudly earned the rank of some two years into 2008, alongside the Eagle Scout, and has remained involved in his recently the firm was selected to oversee the works for construction of the arena. In her reconstruction of the Vanderbilt Rail Yards as view, this represents a great economic boost community by actively participating in 4H Club a part of the Atlantic Yards Project in Brooklyn for Brooklyn in terms of the creation of jobs. as both a Junior Leader and Junior Fair Board New York. Being selected for this project is re- In spite of protest from some community Member. Donald’s dedication and service to markable and I congratulate Cheryl McKissack groups, the inclusion of an affordable hous- the community and his peers has proven his ing component as part of the plan will also ability to excel among the leaders at the Naval and her firm. ensure that not all of the residents will be I’m extremely happy to know that minority Academy. I have no doubt that Donald will permanently uprooted. take the lessons of his student leadership with owned firms are being selected for projects ‘‘The At1antic Yards’’ CBA is an important that will enhance the economic and residential milestone for New York’s construction in- him to Annapolis. life for New York City residents. The Atlantic dustry,’’ she said. ‘‘By including diverse Madam Speaker, I ask my colleagues to join Yards Project will provide much needed jobs, firms—and diverse individuals—from the me in congratulating Donald J. Kleman on his housing, and commercial real estate. For that start, I think this project is living up not appointment to the United States Naval Acad- I’m grateful and wish Cheryl McKissack and only to the extraordinary standards of For- emy. Our service academies offer the finest est City Ratner, one of the most committed her firm well on this and other future projects. military training and education available any- and progressive companies out there today, where in the world. I am sure that Donald will CHERYL MCKISSACK FELDER, CEO OF THE but living up as well to the values of Brook- MCKISSACK GROUP INC. TAKES ON FIRST lyn, where inclusion is a way of life and di- do very well during his career at the Naval PHASE OF ATLANTIC YARDS PROJECT versity is a badge of honor.’’ Academy and I ask my colleagues to join me Construction crews recently kicked off the In response to queries regarding challenges in wishing him well as he begins his service to prep work needed for the first phase of The faced in the industry, Ms. McKissack re- the nation.

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.010 E03MYPT1 hmoore on PRODPC68 with HMREMARKS May 3, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E943 RECOGNIZING KENHORST BOR- College. In addition to these academic acco- richer and their lineage could not be stronger. OUGH AND THE KENHORST VOL- lades, Don earned his doctoral degree from As they enter a new era, I wish that their fam- UNTEER FIRE CO. ON THEIR 75TH Mississippi Southern University. ily continues to flourish as they honor their tra- ANNIVERSARY In 1955, Don and Eldine moved to Las ditions and create new ones. Vegas. Don had accepted the position of Prin- Madam Speaker and colleagues, please join HON. JIM GERLACH cipal at John C. Fremont Elementary School. me in celebrating the Bolzan Family on the oc- OF PENNSYLVANIA Don would later serve as an Assistant Prin- casion of their reunion. May their dedication, IN THE HOUSE OF REPRESENTATIVES cipal at Hyde Park Junior High School, Prin- love and commitment to each other endure for cipal at Roy W. Martin Junior School and generations to come and act as a model for Thursday, May 3, 2007 again as Principal at J.D. Smith Junior High us all. Mr. GERLACH. Madam Speaker, I rise School. During his many years of dedicated f today to congratulate the Borough of service as an educator, Don had the honor to Kenhorst, Berks County and the Kenhorst Vol- open four new middle schools. As an educa- PERSONAL EXPLANATION unteer Fire Co. No. 1 upon their 75th Anniver- tor, Don is committed to the belief that schools sary. have the responsibility to ensure that each HON. MARK UDALL It was a rally against an excessive student has the fundamental skills to be suc- OF COLORADO streetlight tax that moved the residents of 6 cessful, active, and independent members of IN THE HOUSE OF REPRESENTATIVES neighborhoods in Cumru Township, Berks their community. He believes that the edu- Thursday, May 3, 2007 County to leave and form their own borough. cation of our children is a collaborative effort Incorporated in August 1931, Kenhorst Bor- between educators, parents, community mem- Mr. UDALL of Colorado. Madam Speaker, in ough was so named by combining two of the bers, and governmental agencies. reviewing the formal record of rollcall 209, the largest land parcels included in the new mu- In addition to his many achievements, Don vote on the Kilpatrick substitute to H. Con. nicipality—the Kendall Park and the Horst has also been involved with several organiza- Res. 99, the budget resolution for fiscal year Family tract. With nearly 3,000 residents, tions. He has served as a member for the Par- 2008, I find I am recorded as having voted Kenhorst is the 12th largest borough in Berks ent Teacher Association and as a member of ‘‘yes.’’ However, I had intended to vote ‘‘no,’’ County and is situated outside of the City of the Board of Managers for the Nevada Con- and my recollection is that I did vote ‘‘no.’’ Reading. It provides an excellent quality of life gress of PTA. He has held several leadership f for its residents and is one of the outstanding positions which include serving as the Treas- TRIBUTE TO CODY CARITHERS municipalities of the County. urer for the Secondary Principal’s Association, The Fire Company has been serving the the President of the Las Vegas Masters Club, Borough and protecting the community since the Chairman for the Clark County Teachers HON. MARION BERRY the late 1930s. Through these years, hun- Credit Union and a member of the Board of OF ARKANSAS dreds of community volunteers have provided Trustees for the First Baptist Church. IN THE HOUSE OF REPRESENTATIVES exemplary firefighting and emergency services Madam Speaker, I am proud to honor Don Thursday, May 3, 2007 to their fellow citizens and this anniversary re- Hayden for his many outstanding civic minds present residents of their heroic service. achievements and congratulate him and his Mr. BERRY. Madam Speaker, I rise here The joint anniversary celebration taking place wife, Eldine and their two children, Patrick and today to pay tribute to an extraordinary stu- on Saturday, May 5 will involve a parade Dawn for the honor that the CCSD has be- dent that will graduate from Highland High through town and fun and merriment for every- stowed upon Don with the dedication of a School in Hardy, Arkansas with thirteen years one. school in his name. of perfect attendance. Cody Carithers, a promising young man with an even brighter future, So I ask, Madam Speaker, that my col- f leagues join me today in congratulating the will graduate from High School on May 18th Borough of Kenhorst, Berks County and the IN CELEBRATION OF THE BOLZAN 2007. Along with Highland High School, I am Kenhorst Volunteer Fire Co. No. 1 upon their FAMILY REUNION proud to recognize this remarkable young man 75th Anniversary. who is a fine example of the many talented students we have in Arkansas. f HON. DENNIS J. KUCINICH OF OHIO Over the years at Highland, Cody has been PAYING TRIBUTE TO DR. DONALD a member of various clubs and organizations. IN THE HOUSE OF REPRESENTATIVES E. HAYDEN He played sports, was active in the FFA, and Thursday, May 3, 2007 served as treasurer and member of the Open- HON. JON C. PORTER Mr. KUCINICH. Madam Speaker, I rise ing Ceremonies, Parliamentary Procedures OF NEVADA today to celebrate the reunion of the Bolzan, and Show Teams. Cody has also been a de- IN THE HOUSE OF REPRESENTATIVES Milluzzi and Venier families, and to acknowl- voted member and president of the Rebels edge their indestructible family bond that has Against Drugs (RAD) program and has rep- Thursday, May 3, 2007 spanned numerous decades and generations. resented the program for the past four years Mr. PORTER. Madam Speaker, I rise today All too often, as technology makes commu- as a staff member with the Teens of North to honor Dr. Don E. Hayden for 37 years of nication with loved ones easier, it also drives East Arkansas organization. teaching with the Clark County School District us farther from the ones we care about. As In addition to school and extracurricular ac- and a lifetime full of goodwill and service to families drift apart, we must take time to rec- tivities, Cody worked as a volunteer for the the residents of Southern Nevada. His com- ognize those among us who, having dedicated Sharp County Library and has been employed mitment to his fellow Nevadans has resulted in themselves to preserving those ties that bind, at Ivey’s Automotive Center in Highland, AR the CCSD Board of Trustees in naming and remind us all of the enduring power of family for two years. After graduation, Cody intends dedicating a new elementary school in his love. It is with much admiration that I recog- to continue working while attending Black honor. nize the Bolzan, Milluzzi and Venier Families River Technical College to pursue a degree in Don was raised in Palmyra, Missouri and on the occasion of their reunion in Esch sur airplane or auto mechanics. graduated from Palmyra High School in 1942. Alzette, in the Grand Duchy of Luxembourg. Cody’s determination to make it through all After high school, Don enlisted with the U.S. As the Bolzan, Milluzzi and Venier families thirteen years of school without missing a sin- Navy where he served 31⁄2 years as a torpedo share their fondest memories and exchange gle day is impressive—but it was not easy. man aboard a destroyer in the South Pacific news and other current events, I would like to About two years ago, Cody was diagnosed during World War II. After the end of World recognize in a special way Amelie Haan- with a brain tumor near his optic nerve, which War II, Don attended college at Weber Col- Bolzan, Fernand Bolzan, Clemy Berg-Bolzan, caused debilitating headaches. Despite nu- lege in Ogden, Utah. He taught school in Aldo Bolzan, Sylvia Kieffer-Milluzzi, and Rob- merous trips to the Children’s Hospital for McGill, Nevada for 5 years and he then ert Wengler, whose efforts were instrumental MRIs and consultations with Neurosurgeons, moved to Payette, Idaho where he met his in coordinating this intercontinental gala and the Children’s Hospital worked with him to wife, Eldine. After his marriage to Eldine, Don ensuring a memorable time for all. schedule all of his appointments in the eve- continued his educational pursuits and earned The Bolzan Family now spans the Atlantic nings and on school holidays so he could both his Bachelor of Science in Education and Ocean and can be found across the United achieve his goal of having an unblemished at- his Masters of Education from Colorado State States and Europe; their heritage could not be tendance record.

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.012 E03MYPT1 hmoore on PRODPC68 with HMREMARKS E944 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2007 Cody is the first student in the Highland SUPPORTING H.R. 362 AND H.R. 363 The monument will feature a bronze statue Public School district who has maintained per- with a stainless steel pick, crafted by local fect attendance for all thirteen years. I am ask- HON. BOBBY L. RUSH sculptor Frank ‘‘Wyso’’ Wysochansky. The ing Congress to join me in recognizing this monument will be placed in Olyphant. This is OF ILLINOIS amazing young man, who despite hardships, an appropriate place to honor all miners from IN THE HOUSE OF REPRESENTATIVES has already accomplished so much in his aca- the Mid-Valley due to its central location. This demic career. Although he will be graduating Thursday, May 3, 2007 memorial will remind everyone of the dedica- with a diploma this spring, I’m positive this is Mr. RUSH. Madam Speaker, I rise to show tion and sacrifice of the coal miners of Mid- just the beginning of many other successes to my strong and enthusiastic support for H.R. Valley, Pennsylvania. come in his future. 362 and H.R. 363. Both of these bills are ex- In closing, Madam Speaker, I ask my col- f tremely timely and worthwhile pieces of legis- leagues to join me in recognizing the Lacka- lation that will provide much needed assist- wanna Historical Society and the Olyphant HONORING THE MEMORY OF MR. ance to my constituents, and to the country as W.O. MOZINGO Coal Miners Association, and all the citizens of a whole. Pennsylvania who lost their lives helping to As we advance forward in this new century, fuel the world’s energy supply. HON. JO BONNER it is of the utmost importance that we prepare OF ALABAMA our young people for the challenges that lay f IN THE HOUSE OF REPRESENTATIVES ahead. Addressing issues such as global cli- Thursday, May 3, 2007 mate change and making our nation more en- RECOGNIZING THE BIRTHDAY AND ergy efficient require that we train our students LIFE OF SUGAR RAY ROBINSON Mr. BONNER. Madam Speaker, the city of to become the scientists, mathematicians, and Mobile and southwest Alabama recently lost a engineers of the future. dear friend, and I rise today to honor and pay In the district that I represent, families are HON. CHARLES B. RANGEL tribute to the memory of W.O. Mozingo. yearning for more schools that focus on math Before moving to Mobile, ‘‘Mo’’ as he was OF NEW YORK and science. Such curriculums offer greater known to his friends, joined the U.S. Army opportunities to help prepare our students to IN THE HOUSE OF REPRESENTATIVES during World War II and served in the 65th In- attend college and graduate school in these fantry Division of the European Theatre. He Thursday, May 3, 2007 areas and to secure jobs in the new millen- led a mine platoon, locating and disarming nium in the fields of biofuels, biotechnology, land mines. He was wounded in action and Mr. RANGEL. Madam Speaker, I rise today and biodefense. became a Disabled American Veteran and life- to recognize and celebrate the birth of Walker I have personally been involved in trying to time member of the VFW, Post 49. Smith Jr., a boxing phenomenon, whose box- secure more funding to address these con- Considered by many to be the father of the ing style was so smooth and sweet that he cerns and bring science and math-oriented labor movement in southwest Alabama, Mr. earned the nickname ‘‘Sugar Ray.’’ schools into my district. Mozingo began his career with the former Na- Sugar Ray Robinson was born Walker tional City Bus Line in Mobile and joined the Additionally, with the selection of Chicago Smith Junior on May 3, 1921 in Ailey, Geor- Amalgamated Transit Union Local No. 770 in as a potential host for the 2016 Olympics, our gia. His family relocated to Harlem, New York 1943. He served in various capacities as a great city will need to fulfill the demand for to escape the racial injustice of the South union member, including 20 years as presi- more civil engineers, technicians, and archi- when he was just 12 years old. tects. We will need to construct new buildings, dent and 19 years as president of the South- After a few years of living in Harlem, he was west Alabama Labor Council, AFL–CIO. roads, and stadiums, and we would like to utilize the limitless talent of Illinois’ most skilled introduced to the sport of boxing. Since he It goes without saying that Mr. Mozingo was was too young to register, he borrowed a reg- well known throughout the Mobile community. and well trained mathematicians, scientists and engineers. istration card from his friend, Ray Robinson. He served on numerous boards of directors, He used his name to begin boxing under the including the American Red Cross, Volunteers H.R. 362 and H.R. 363 will help address the needs of my community, as well as the many Amateur Athletic Union. His boxing style was of America, the United Way of Southwest Ala- unique and drew crowds. A boxing coach, bama, Mobile United, South Alabama Re- challenges that this great country faces. I urge all of my colleagues to support these bills. George Gainford, thought his style was sweet gional Planning Commission, and the Advisory as sugar and others agreed. Thus, he was Board for Springhill Memorial Hospital. Mr. f called Sugar Ray Robinson. Mozingo was also a lifelong Democrat. In TRIBUTE TO THE LACKAWANNA 1999, the Mobile County Democratic Party It was his unique style that made him a box- HISTORICAL SOCIETY awarded him the Democratic Award of Distinc- ing legend. It all began in 1940, when he won tion. the New York Golden Gloves championship. Mr. Mozingo’s awards were also just as nu- HON. CHRISTOPHER P. CARNEY He was just 19 years old. Immediately after merous. In 1992, he was inducted into the OF PENNSYLVANIA that victory, he became a professional boxer. By 1946, he became the world welterweight Alabama Organized Labor Awards Foundation IN THE HOUSE OF REPRESENTATIVES Hall of Fame. The Southwest Alabama Labor champion, a title he held for 5 years winning Thursday, May 3, 2007 Council, AFL–CIO, honored him by creating 91 straight matches. His success continued an annual award known as the ‘‘W.O. Mozingo Mr. CARNEY of Pennsylvania. Madam when he entered the middleweight division. He Community Services Award.’’ He earned the Speaker, I rise today to recognize the Lacka- held the middleweight title five times from distinction of being one of only five Mobilians wanna Historical Society and their commit- 1951 to 1960. He retired from boxing in No- to achieve Emeritus status with the United ment to celebrating the coal-mining heritage of vember of 1965 after his last fight. His out- Way board. Pennsylvania. standing boxing record includes a total of 202 Madam Speaker, I ask my colleagues to join The Lackawanna Historical Society is proud professional fights of which he won 175, and me in remembering a dedicated community to be partners with the Olyphant Coal Miners during his career he came to define boxing as leader and friend to many throughout south- Association in a visionary project to celebrate ‘‘the sweet sacrifice.’’ west Alabama. W.O. ‘‘Mo’’ Mozinger will be the heritage of coal miners in Pennsylvania. Due to health conditions, he passed away deeply missed by his family—his wife of sixty On Father’s Day, June 17, 2007, they will on April 12, 1989, at the age of 67. He was eight years, Myrtle LaBarreare Mozingo; their unveil a monument to honor the mid-valley elected to the International Boxing Hall of three children, William Gary Mozingo, Linda miners who worked to fuel the world’s energy Fame in 1967 and created a foundation for Mozingo Murphy, and John W. Mozingo; his supply in Olyphant collieries. youth in California. A postage stamp was cre- sister, Josephine Beddingfield; three grand- These dedicated individuals worked to sup- ated in his honor in 2006. I urge my col- children; and two great grandchildren—as well ply anthracite coal and energy to others. In leagues to support House Resolution 359, rec- as the countless friends he leaves behind. Our doing so, some lost their lives. It is fitting that ognizing the athletic achievements and com- thoughts and prayers are with them all at this we remember their sacrifice, and this monu- mitment to young people of this great Amer- difficult time. ment is a just and proper way to do so. ican boxer.

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MY8.017 E03MYPT1 hmoore on PRODPC68 with HMREMARKS May 3, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E945 PAYING TRIBUTE TO PAMELA child’s development; they understand that ship of the Speaker and Democratic Caucus, CLANCY early childhood education needs to be a na- Appropriations Committee Chairman OBEY and tional priority. Evidence of this can be seen in Defense Subcommittee Chairman MURTHA, HON. JON C. PORTER the congressionally-mandated Impact Study with substantial input from the Congressional OF NEVADA that found that after less than one school year, Black Caucus, provided a glide path to the IN THE HOUSE OF REPRESENTATIVES Head Start narrowed the achievement gap by day when our troops can return home where 45 percent in pre-reading and by 28 percent in we can ‘‘care for him who has borne the bat- Thursday, May 3, 2007 pre-writing. The long-term impact of these pro- tle, and for his widow and orphan.’’ But it did Mr. PORTER. Madam Speaker, I rise today grams is also clearly demonstrated in the high more than that. It also would help to repair the to honor Pamela Clancy who is receiving the percentage of low-income children who partici- damage to America’s international reputation March of Dimes Nurse of the Year Award. pated in Head Start and were subsequently and prestige and bring long overdue oversight, Pamela has over 20 years experience in the more likely to be developmentally on par with accountability, and transparency to defense nursing profession and presently serves as di- their peers in kindergarten, to behave well in and reconstruction contracting and procure- rector of all Spring Valley Medical/Surgery class, succeed in school and ultimately to ment. Nursing Units. In addition to her professional graduate. Madam Speaker, the American taxpayers competence, Pamela is a very caring indi- By passing H.R. 1429 today, we will also in- have paid nearly $400 billion to finance the vidual and goes above and beyond to help pa- crease classroom and teacher quality and misadventure in Iraq. I stand with the 3,222 tients feel at home. She is most known around make use of the latest science to strengthen fallen heroes who stand even taller in death the hospital for helping a couple put on a wed- Head Start. The new teacher qualifications in because they gave the last full measure of de- ding when the groom became ill and had no the Improving Head Start Act require that 50 votion to their country. And I am reminded that way of rescheduling the ceremony. Pamela percent of Head Start teachers nationwide while it is the armed forces which do the fight- was also instrumental in the opening of the have a minimum of a baccalaureate degree in ing, it is a Nation that goes to war. And it is Joint and Spine Center and has received the early childhood education or a related field by the costs to the Nation that I wish to speak service excellence award where she was the 2013. It also directs the majority of new funds about today. star champion employee of the month. in the bill to program improvement activities, Madam Speaker, it must be noted that the In addition to her professional successes, including significant new funds to increase cost of the war in Iraq to the United States Pamela is also very active in a number of phil- teacher salaries. Furthermore, this reauthor- has also been high regarding the new and ne- anthropic and charitable organizations. She ization will require that all Head Start pro- glected needs of the American people. Ameri- volunteers at her church, Walk for a Cure, grams use research-based practices to sup- cans have been exceedingly tolerant and pa- March of Dimes, the Spring Valley Hospital port the growth of children’s pre-literacy and tient with this Administration’s handling of the Health Fair, and the MDA yard sale as well as vocabulary skills and improve professional de- situation in Iraq. We have postponed, fore- health screenings. velopment and classroom practices to better gone, or neglected needed investments in Madam Speaker, I am proud to honor Pam- support children’s cognitive, social and emo- education, infrastructure, housing, homeland ela Clancy. Her professional expertise and tional development. security. caring nature have greatly enriched the lives Our Nation has long recognized that edu- That is why it is right and good and just that of those in the Las Vegas community. I com- cation should be a universal right to all, re- the new Democratic majority included in the mend her efforts and commitment and con- gardless of race, religion or socioeconomic supplemental appropriations bill for Iraq and gratulate her on receiving the March of Dimes status. I am pleased to stand with Chairman Afghanistan $4.3 billion for Federal Emer- Nurse of the Year Award and applaud her ef- MILLER, Subcommittee Chairman KILDEE and gency Management Agency (FEMA) disaster forts. Subcommittee Ranking Member CASTLE in im- recovery grants, including $910 million to cover the cost of waiving the matching fund f proving America’s education system by voting for H.R. 1429. requirements in the Robert T. Stafford Dis- IMPROVING HEAD START ACT OF f aster Relief and Emergency Assistance Act, 2007 42 U.S.C. § 174 (Public Law 93–288) (Stafford PERSONAL EXPLANATION Act) for state and local government meaning SPEECH OF the Federal government will finance 100% of HON. JOHN CONYERS, JR. HON. JOHN SULLIVAN the grants. Waiving the Stafford Act’s matching fund re- OF MICHIGAN OF OKLAHOMA quirement is critically important to the Gulf IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Coast states devastated by Hurricanes Katrina Wednesday, May 2, 2007 Thursday, May 3, 2007 and Rita. Based on my multiple listening trips The House in Committee of the Whole Mr. SULLIVAN. Madam Speaker, I missed to New Orleans and the Gulf Coast region, House on the State of the Union had under rollcall votes 273, 274 and 275 taken on May and my numerous meetings and discussions consideration the bill (H.R. 1429) to reauthor- 2, 2007. Had I been present for these votes, with government officials at all levels in the af- ize the Head Start Act, to improve program I would have voted ‘‘nay’’ on these measures. fected states and with survivors of Hurricanes quality, to expand access, and for other pur- f Katrina and Rita, many of whom now are relo- poses: cated to my Houston congressional district, Mr. CONYERS. Mr. Chairman, I rise today REGARDING CONGRESSIONAL the most important lesson I have learned is in support of H.R. 1429, The Improving Head BLACK CAUCUS PRIORITIES AD- that the Stafford Act is in its present form is Start Act of 2007. As a key initiative in Presi- DRESSED IN H.R. 1591 ‘‘U.S. simply inadequate to address the scale of dev- dent Johnson’s ‘‘Great Society,’’ Head Start TROOP READINESS, VETERANS’ astation and human suffering wrought by a has been one of our Nation’s most important HEALTH, AND IRAQ ACCOUNT- disaster the magnitude of Hurricanes Katrina educational programs. Since its creation in ABILITY ACT’’ and Rita. I thank Mr. OBEY and Mr. MURTHA 1965, Head Start has served more than 20 for responding to concerns I expressed to million children and has focused and redefined HON. SHEILA JACKSON-LEE President Bush about the need to modernize its approach to assisting disadvantaged chil- OF TEXAS the Stafford Act so that it remains relevant to dren in their social, physical and educational IN THE HOUSE OF REPRESENTATIVES the 21st Century. growth. I believe the Stafford Act must be amended As one of two remaining Members of the Thursday, May 3, 2007 to grant the Federal Government explicit au- House who helped pass the original Head Ms. JACKSON-LEE of Texas. Madam thority and flexibility to provide long-term re- Start bill, I am pleased that after 4 years of Speaker, as a proud member of the Congres- covery assistance to communities devastated deadlock between the House and Senate this sional Black Caucus, I rise to express my pro- by disasters of the magnitude of Hurricane program finally will be reauthorized. Demo- found disappointment that the President Katrina and Rita. Such authority currently does crats are once again showing the American lacked the vision, wisdom, and respect for the not exist and the Stafford Act’s emphasis on public that Congress is back at work address- will of the American people to sign H.R. 1591, temporary assistance to affected individuals ing our Nation’s critical domestic needs. the ‘‘U.S. Troop Readiness, Veterans’ Health, and communities is simply inadequate to ad- Americans know what a huge difference and Iraq Accountability Act.’’ This legislation, dress the scope of human suffering we wit- early childhood education can make in a which was crafted under the combined leader- nessed last August and which is still with us

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MY8.003 E03MYPT1 hmoore on PRODPC68 with HMREMARKS E946 CONGRESSIONAL RECORD — Extensions of Remarks May 3, 2007 today. I will continue my efforts to modernize $80 million for U.S. Department of Housing cruitment assistance; $30 million for higher the Stafford Act. But I very much approve of and Urban Development (HUD) tenant-based education assistance; and $40 million in secu- the nearly $1 billion included in the bill to rental assistance. The supplemental also adds rity assistance for Liberia. It also includes an waive the matching fund requirements for $400 million to restore partial cuts to the Low additional $1 billion to purchase vaccines hard-pressed State and local governments Income Home Energy Assistance Program needed to protect Americans from a global coping with emergencies of the scale of Hurri- (LIHEAP). This funding will bring much need- pandemic. Development of production capacity cane Katrina. ed relief to many States that are running out for a pandemic vaccine must be accelerated Social Services Block Grant (SSBG) funding of LIHEAP funds just as many utility shut-off so that manufacturers can quickly produce has been extended to September 30, 2010. moratoriums are set to expire. enough quantities to protect the population. SSBG funding provides critically needed social The supplemental adds $750 million to the In conclusion, Madam Speaker, let me say services, including programs for mental health, State Children’s Health Insurance Program that although the bill may not be the best I child welfare, and the treatment of addictive (SCHIP) to ensure continued healthcare cov- might have hoped for, it was the best that can disorders. erage for children in 14 states that face a be achieved at this time, this moment in his- Also allocated is $1.3 billion dollars for east budget shortfall in the program. By taking tory. I applaud the leadership of the Congres- and west bank levee protection and coastal prompt action now, these States will not be sional Black Caucus for its critical role in help- restoration systems in New Orleans and sur- forced to stop enrolling new beneficiaries or ing craft legislation that represents a change rounding parishes. begin curtailing benefits. of course and a new direction in our policy on There is included $25 million for Small Busi- Finally, Madam Speaker, the supplemental Iraq and that is responsive to the unmet and ness Administration (SBA) disaster loans and provided $30 million for K–12 education re- pressing needs of the American people.

VerDate Aug 31 2005 04:52 May 04, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MY8.025 E03MYPT1 hmoore on PRODPC68 with HMREMARKS Thursday, May 3, 2007 Daily Digest Senate baby turtles as pets so long as the seller uses proven Chamber Action methods to effectively treat salmonella. Page S5526 Routine Proceedings, pages S5525–S5612 Dorgan Amendment No. 990, to provide for the Measures Introduced: Thirty-five bills and six reso- importation of prescription drugs. Page S5526 lutions were introduced, as follows: S. 1276–1310, Cochran Amendment No. 1010 (to Amendment S. Res. 185–188, and S. Con. Res. 31–32. No. 990), to protect the health and safety of the Pages S5561–62 public. Pages S5526, S5532 Measures Reported: Stabenow Amendment No. 1011, to insert provi- S. 992, to achieve emission reductions and cost sions related to citizens petitions. Page S5526 savings through accelerated use of cost effective Brown (for Brownback/Brown) Amendment No. lighting technologies in public buildings, with 985, to establish a priority drug review process to encourage treatments of tropical diseases. Page S5526 amendments. (S. Rept. No. 110 60) Page S5561 Vitter Amendment No. 983, to require counter- Measures Passed: feit-resistant technologies for prescription drugs. Supporting the Accession of Israel: Senate agreed Page S5526 to S. Res. 188, expressing the sense of the Senate in Inhofe Amendment No. 988, to protect children support of the accession of Israel to the Convention and their parents from being coerced into admin- on the Organisation for Economic Co-operation and istering a controlled substance in order to attend Development. Pages S5609–10 school. Page S5526 National Hunger Awareness Day: Senate agreed Gregg/Coleman Amendment No. 993, to provide to S. Res. 186, designating June 5, 2007, as ‘‘Na- for the regulation of Internet pharmacies. Page S5526 tional Hunger Awareness Day’’ and authorizing the A motion was entered to close further debate on Senate offices of Senators Gordon H. Smith, Blanche the committee amendment in the nature of a sub- L. Lincoln, Elizabeth Dole, and Richard J. Durbin to stitute, as modified, and, in accordance with the pro- collect donations of food during the period begin- visions of Rule XXII of the Standing Rules of the ning May 7, 2007, and ending June 5, 2007, from Senate, a vote on cloture will occur on Monday, May concerned Members of Congress and staff to assist 7, 2007. Pages S5556–57 families suffering from hunger and food insecurity in A motion was entered to close further debate on the Washington, D.C., metropolitan area. Page S5610 the bill and, in accordance with the provisions of Condemning Violence in Estonia: Senate agreed Rule XXII of the Standing Rules of the Senate, a to S. Res. 187, condemning violence in Estonia and vote on cloture will occur on Monday, May 7, 2007. attacks on Estonia’s embassies in 2007, and express- Page S5557 ing solidarity with the Government and the people During consideration of this measure today, Senate also took the following action: of Estonia. Pages S5610–11 By 63 yeas to 28 nays (Vote No. 150), three-fifths Measures Considered: of those Senators duly chosen and sworn, having Prescription Drug User Fee Amendments: Senate voted in the affirmative, Senate agreed to the motion continued consideration of S. 1082, to amend the to close further debate on Dorgan Amendment No. Federal Food, Drug, and Cosmetic Act to reauthorize 990 (listed above). Pages S5531–32 and amend the prescription drug user fee provisions, A unanimous-consent agreement was reached pro- and taking action on the following amendments providing for further consideration of the bill at 4 p.m. posed thereto: Pages S5526–58 on Monday, May 7, 2007; that Senate vote on, or Pending: in relation to, Cochran Amendment No. 1010, and Landrieu Amendment No. 1004, to require the upon its disposition, vote on, or in relation to, Dor- Food and Drug Administration to permit the sale of gan Amendment No. 990, as amended, if amended, D612

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and upon its disposition, vote on the motion to in- tional and Community Service for a term expiring voke cloture on the committee amendment in the October 6, 2011. nature of a substitute, as modified; provided further, Alejandro Modesto Sanchez, of Florida, to be a that Members have until 3 p.m. on Monday, May 7, Member of the Federal Retirement Thrift Investment 2007, to file first-degree amendments. Page S5609 Board for a term expiring October 11, 2010. Water Resources Development Act: Senate began Gordon James Whiting, of New York, to be a consideration of the motion to proceed to consider- Member of the Federal Retirement Thrift Investment ation of H.R. 1495, to provide for the conservation Board for a term expiring September 25, 2010. and development of water and related resources, to Andrew Saul, of New York, to be a Member of authorize the Secretary of the Army to construct var- the Federal Retirement Thrift Investment Board for ious projects for improvements to rivers and harbors a term expiring September 25, 2008. of the United States. Page S5609 Andrew Saul, of New York, to be a Member of A motion was entered to close further debate on the Federal Retirement Thrift Investment Board for the motion to proceed to consideration of the bill a term expiring September 25, 2012. and, in accordance with the provisions of Rule XXII 45 Navy nominations in the rank of admiral. of the Standing Rules of the Senate, a vote on clo- Routine lists in the Navy. Pages S5611–12 ture will occur on Monday, May 7, 2007. Page S5609 Nomination Withdrawn: Senate received notifica- Subsequently, the motion to proceed to consider- tion of withdrawal of the following nomination: ation of the bill was withdrawn. Page S5609 Jane C. Luxton, of Virginia, to be Assistant Sec- Removal of Injunction of Secrecy: The injunction retary of Commerce for Oceans and Atmosphere, of secrecy was removed from the following treaty: which was sent to the Senate on January 9, 2007. Singapore Treaty on the Law of Trademarks (Treaty Page S5612 Doc. No. 110–2). Measures Read the First Time: Page S5561 The treaty was transmitted to the Senate today, considered as having been read for the first time, and Executive Reports of Committees: Page S5561 referred, with accompanying papers, to the Com- Additional Cosponsors: Pages S5562–65 mittee on Foreign Relations and ordered to be print- Statements on Introduced Bills/Resolutions: Page S5609 ed. Pages S5565–S5605 Nominations Received: Senate received the fol- Additional Statements: Pages S5559–61 lowing nominations: Jill E. Sommers, of Kansas, to be a Commissioner Amendments Submitted: Pages S5605–07 of the Commodity Futures Trading Commission for Notices of Hearings/Meetings: Page S5608 the remainder of the term expiring April 13, 2009. Authorities for Committees to Meet: Bartholomew H. Chilton, of Delaware, to be a Pages S5608–09 Commissioner of the Commodity Futures Trading Commission for the remainder of the term expiring Record Votes: One record vote was taken today. April 13, 2008. (Total—150) Page S5532 Charles E. F. Millard, of New York, to be Direc- Adjournment: Senate convened at 9:30 a.m., and tor of the Pension Benefit Guaranty Corporation. adjourned at 6:38 p.m., until 9:30 a.m. on Friday, Tevi David Troy, of New York, to be Deputy Sec- May 4, 2007. (For Senate’s program, see the remarks retary of Health and Human Services. of the Majority Leader in today’s Record on page Kerry N. Weems, of New Mexico, to be Adminis- S5609.) trator of the Centers for Medicare and Medicaid Services. Cameron R. Hume, of New York, to be Ambas- Committee Meetings sador to the Republic of Indonesia. Bradford P. Campbell, of Virginia, to be an As- (Committees not listed did not meet) sistant Secretary of Labor. Stan Z. Soloway, of the District of Columbia, to APPROPRIATIONS: DISTRICT OF be a Member of the Board of Directors of the Cor- COLUMBIA COURTS poration for National and Community Service for a Committee on Appropriations: On Wednesday, May 2, term expiring October 6, 2011. 2007, Subcommittee on Financial Services and Gen- James Palmer, of California, to be a Member of eral Government concluded a hearing to examine the Board of Directors of the Corporation for Na- proposed budget estimates for fiscal year 2006 for

VerDate Aug 31 2005 04:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY7.REC D03MYPT1 hmoore on PRODPC68 with HMDIGEST D614 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2007 the government of the District of Columbia, focus- BUDGET: DEFENSE AUTHORIZATION ing on federally-funded entities, after receiving testi- Committee on Armed Services: Subcommittee on mony in behalf of funds for their respective activities Seapower concluded open and closed hearings to ex- from Eric T. Washington, Chief Judge, District of amine Navy force structure requirements and pro- Columbia Court of Appeals; Rufus G. King III, grams to meet those requirements in review of the Chief Judge, Superior Court of the District of Co- Defense Authorization Request for Fiscal Year 2008 lumbia; Paul A. Quander, Jr., Director, Court Serv- and the Future Years Defense Program, after receiv- ices and Offender Supervision Agency for the Dis- ing testimony from Donald C. Winter, Secretary, trict of Columbia; Avis E. Buchanan, Director, Pub- and Admiral Michael G. Mullen, Chief of Naval Op- lic Defender Service for the District of Columbia; erations, both of the United States Navy, Depart- and Deborah A. Gist, State Education Officer, Gov- ment of Defense. ernment of the District of Columbia. CORPORATE AVERAGE FUEL ECONOMY (CAFE) APPROPRIATIONS: SECRETARY OF THE SENATE/LIBRARY OF CONGRESS Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine pending Committee on Appropriations: Subcommittee on Legisla- Corporate Average Fuel Economy (CAFE) legislation, tive Branch concluded a hearing to examine pro- after receiving testimony from Senators Levin, Fein- posed budget estimates for fiscal year 2008, after re- stein, Stabenow; Alan Reuther, United Auto Work- ceiving testimony in behalf of funds for their respec- ers, David Friedman, Union of Concerned Scientists, tive activities from Nancy Erickson, Secretary of the and David McCurdy, Alliance of Automobile Manu- Senate; and James H. Billington, Librarian of Con- facturers, all of Washington, D.C.; Admiral Dennis gress. Blair, (Ret.) USN, Army War College and Dickinson College, Alexandria, Virginia, on behalf of the En- APPROPRIATIONS: EQUAL EMPLOYMENT ergy Security Leadership Council; Michael J. Stanton, OPPORTUNITY COMMISSION Association of International Automobile Manufactur- Committee on Appropriations: Subcommittee on Com- ers, Inc., Arlington, Virginia; and Vice Admiral merce, Justice, Science, and Related Agencies con- Dennis McGinn, (Ret.) USN, Columbus, Ohio. cluded a hearing to examine proposed budget esti- SAN JOAQUIN RIVER RESTORATION mates for fiscal year 2008 for the Equal Employment SETTLEMENT ACT Opportunity Commission, after receiving testimony Committee on Energy and Natural Resources: Sub- from Naomi Churchill Earp, Chair, Equal Employ- committee on Water and Power held a hearing to ment Opportunity Commission. examine S. 27, to authorize the implementation of the San Joaquin River Restoration Settlement, re- APPROPRIATIONS: DEPARTMENT OF ceiving testimony from Senators Feinstein and Boxer; HOUSING AND URBAN DEVELOPMENT Mark Limbaugh, Assistant Secretary of the Interior Committee on Appropriations: Subcommittee on Trans- for Water and Science; P. Joseph Grindstaff, Cali- portation, Housing and Urban Development, and fornia Resources Agency, Sacramento; Steve Related Agencies concluded a hearing to examine Chedester, San Joaquin River Exchange Contractors proposed budget estimates for fiscal year 2008 for Water Authority, Los Banos, California; Kenneth M. the Department of Housing and Urban Develop- Robbins, Merced Irrigation District, Merced, Cali- ment, after receiving testimony from Alphonso Jack- fornia; Allen Ishida, Tulare County Board of Super- son, Secretary, Kenneth M. Donohue, Inspector Gen- visors, Visalia, California; Daniel M. Dooley, Dooley eral, and Orlando J. Cabrera, Assistant Secretary for Herr and Peltzer, LLP, Lindsay, California, on behalf Public and Indian Housing, all of the Department of of the Friant Water Users Authority; and Hamilton Housing and Urban Development. Candee, Natural Resources Defense Council, San Francisco, California. BUDGET: DEFENSE AUTHORIZATION Hearing recessed subject to the call. Committee on Armed Services: Committee concluded a LAND BILLS hearing to examine the United States Central Com- Committee on Energy and Natural Resources: Sub- mand in review of the Defense Authorization Re- committee on Public Lands and Forests concluded a quest for Fiscal Year 2008 and the Future Years De- hearing to examine S. 390, to direct the exchange of fense Program, after receiving testimony from Admi- certain land in Grand, San Juan, and Uintah Coun- ral William J. Fallon, United States Navy, Com- ties, Utah, S. 647, to designate certain land in the mander, United States Central Command. State of Oregon as wilderness, S. 1139, to establish

VerDate Aug 31 2005 04:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY7.REC D03MYPT1 hmoore on PRODPC68 with HMDIGEST May 3, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D615 the National Landscape Conservation System, H.R. ington University Homeland Security Policy Insti- 276, to designate the Piedras Blancas Light Station tute, Washington, D.C. and the surrounding public land as an Outstanding Natural Area to be administered as a part of the Na- NATIVE HAWAIIAN GOVERNMENT tional Landscape Conservation System, H.R. 356, to REORGANIZATION ACT remove certain restrictions on the Mammoth Com- Committee on Indian Affairs: Committee concluded a munity Water District’s ability to use certain prop- hearing to examine S. 310, a bill to express the pol- erty acquired by that District from the United icy of the United States regarding the United States States, S. 205 and H.R. 865, bills to grant rights- relationship with Native Hawaiians and to provide a of-way for electric transmission lines over certain process for the recognition by the United States of Native allotments in the State of Alaska, after receiv- the Native Hawaiian governing entity, after receiving testimony from Senator Bennett; Mark Rey, ing testimony from Gregory G. Katsas, Principal Under Secretary of Agriculture for Natural Resources Deputy Associate Attorney General, Department of and Environment; Jim Hughes, Acting Director, Bu- Justice; Mark J. Bennett, Hawaii Attorney General, reau of Land Management, Department of the Inte- Micah Kane, Hawaiian Homes Commission, rior; Martha Schrader, Clackamas County Board of Haunani Apoliona, and William Meheula, both of County Commissioners, Oregon City, Oregon; Kevin the Office of Hawaiian Affairs, and H. William Bur- S. Carter, Utah School and Institutional Trust Lands gess, Aloha for All, all of Honolulu, Hawaii; and Administration, Salt Lake City; Richard Moe, Na- Viet D. Dinh, Georgetown University Law Center, tional Trust for Historic Preservation, Washington, Washington, D.C. D.C.; Ron Suppah, Confederated Tribes of the BUSINESS MEETING Warm Springs Reservation of Oregon, Warm Springs; John Sterling, The Conservation Alliance, Committee on the Judiciary: Committee ordered favor- Bend, Oregon; and Ty Cobb, Grand Canyon Trust, ably reported the following: Flagstaff, Arizona. S. 495, to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, OFFSHORE TAX EVASION and to enhance criminal penalties, law enforcement assistance, and other protections against security Committee on Finance: Committee concluded a hearing breaches, fraudulent access, and misuse of personally to examine offshore tax evasion, focusing on chal- identifiable information, with amendments; lenges in ensuring offshore tax compliance, after re- S. 239, to require Federal agencies, and persons ceiving testimony from John Harrington, Acting engaged in interstate commerce, in possession of data International Tax Counsel, Department of the Treas- containing sensitive personally identifiable informa- ury; Michael Brostek, Director, Strategic Issues, tion, to disclose any breach of such information, Government Accountability Office; Jeffrey Owens, with an amendment in the nature of a substitute; Organization for Economic Co-operation and Devel- and opment, Paris, France; and Reuven S. Avi-Yonah, The nominations of Debra Ann Livingston, of University of Michigan Law School, Ann Arbor. New York, to be United States Circuit Judge for the Second Circuit, Richard Sullivan, to be United States ISLAMIST EXTREMISM District Judge for the Southern District of New Committee on Homeland Security and Governmental Af- York, and Joseph S. Van Bokkelen, to be United fairs: Committee concluded open and closed hearings States District Judge for the Northern District of In- to examine the internet as a portal to violent diana. Islamist extremism, after receiving testimony from Michael S. Doran, Deputy Assistant Secretary of De- BUSINESS MEETING fense for Support to Public Diplomacy; Lieutenant Select Committee on Intelligence: Committee met in Colonel Joseph H. Felter, USA, Director, Combating closed session to consider pending intelligence mat- Terrorism Center, United States Military Academy at ters. West Point; and Frank J. Cilluffo, George Wash- Committee recessed subject to the call.

VerDate Aug 31 2005 04:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY7.REC D03MYPT1 hmoore on PRODPC68 with HMDIGEST D616 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2007 House of Representatives of Standards and Technology for fiscal years 2008, Chamber Action 2009, and 2010, by a recorded vote of 385 ayes to Public Bills and Resolutions Introduced: 58 pub- 23 noes, Roll No. 301. Pages H4452–64 lic bills, H.R. 2122–2179; 3 private bills, H.R. Rejected the English motion to recommit the bill 2180–2182; and 10 resolutions, H. Con. Res. to the Committee on Science and Technology with 140–142; and H. Res. 368–369, 371–373, were in- instructions to report the same back to the House troduced. Pages H4483–87 forthwith with an amendment, by a yea-and-nay vote Additional Cosponsors: Pages H4487–88 of 190 yeas to 216 nays, Roll No. 300. Pages H4462–63 Reports Filed: Reports were filed today as follows: Pursuant to the rule, the amendment in the na- H.R. 1873, to reauthorize the programs and ac- ture of a substitute recommended by the Committee tivities of the Small Business Administration relating on Science and Technology now printed in the bill to procurement, with an amendment (H. Rept. shall be considered as the original bill for the pur- 110–111, Pt. 2); and pose of amendment. Page H4455 H. Res. 370, providing for consideration of S. Agreed to: Con. Res. 21, setting forth the congressional budget Wu manager’s amendment (No. 1 printed in H. for the United States Government for fiscal year Rept. 110–118) that makes a number of clarifica- 2008 and including the appropriate budgetary levels tions to the Technology Innovation Program, includ- for fiscal years 2007 and 2009 through 2012. ing (1) that projects should address critical national Page H4483 needs and be high reward; (2) that TIP should co- Chaplain: The prayer was offered by the guest ordinate with State innovation and technology devel- Chaplain, Rev. Rick Astle, Director of Missions, opment programs; and (3) a definition of high-risk, Waccamaw Baptist Association, Conway, South high-reward research; Page H4459 Carolina. Page H4419 Manzullo amendment (No. 3 printed in H. Rept. Committee Election: The House agreed to H. Res. 110–118) that authorizes $2 million for NIST to de- 368, electing Representative Davis (AL) to the Com- sign and develop software that monitors all of the mittee on House Administration. Page H4421 Federal R & D databases; and Pages H4459–60 Wynn amendment (No. 2 printed in H. Rept. Local Law Enforcement Hate Crimes Prevention 110–118) that adds firms and/or entities that are in- Act of 2007: The House passed H.R. 1592, to pro- volved in the development and advancement of bio- vide Federal assistance to States, local jurisdictions, technology to the definition of technology-related and Indian tribes to prosecute hate crimes, by a yea- entities eligible for grants under the Technology In- and-nay vote of 237 yeas to 180 nays, Roll No. 299. novation Program. Pages H4461–62 Pages H4429–52 Withdrawn: Rejected the Smith (TX) motion to recommit the Boyda amendment (No. 4 printed in H. Rept. bill to the Committee on the Judiciary with instruc- 110–118) that was offered and subsequently with- tions to report the same back to the House forthwith drawn that would have highlighted that proposed with amendments, by a yea-and-nay vote of 189 yeas technologies receiving grants under the Technology to 227 nays, Roll No. 298. Pages H4449–51 Innovation Program may include the replacement of Pursuant to the rule, the amendment in the na- petroleum-based materials and Page H4461 ture of a substitute recommended by the Committee Boyda amendment (No. 5 printed in H. Rept. on the Judiciary now printed in the bill, modified 110–118) that was offered and subsequently with- by the amendment printed in H. Rept. 110–120, drawn that would have encouraged grants under the shall be considered as adopted. Page H4431 Technology Innovation Program to include local and H. Res. 364, the rule providing for consideration regional universities that are working in collabora- of the bill, was agreed to by a yea-and-nay vote of tion with small- and medium-sized businesses. 213 yeas to 199 nays, Roll No. 297, after agreeing Page H4461 to order the previous question by a yea-and-nay vote Agreed that the Clerk be authorized to make of 217 yeas to 196 nays, Roll. No. 296. technical and conforming changes to H.R. 1867 and Pages H4421–29 H.R. 1868 to reflect the actions of the House. Technology Innovation and Manufacturing Stim- Page H4464 ulation Act of 2007: The House passed H.R. 1868, H. Res. 350, the rule providing for consideration to authorize appropriations for the National Institute of the bill, was agreed to on Wednesday, May 2nd.

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Meeting Hour: Agreed that when the House ad- NATIONAL DEFENSE AUTHORIZATION journs today, it adjourn to meet at 12:30 p.m. on ACT FOR FISCAL YEAR 2008 Monday, May 7th for Morning Hour debate; and Committee on Armed Services: Subcommittee on Ter- further, when the House adjourns on Thursday, May rorism, Unconventional Threats and Capabilities ap- 10th, it adjourn to meet at 9 a.m. on Friday, May proved for full Committee action H.R. 1585, Na- 11th. Pages H4465, H4466 tional Defense Authorization Act for Fiscal Year Calendar Wednesday: Agreed by unanimous con- 2008. sent to dispense with the Calendar Wednesday busi- PENSION PROTECTION ness of Wednesday, May 9th. Pages H4465–66 Reception of Former Members of Congress: Committee on Education and Labor: Subcommittee on Agreed that the House will meet at 9 a.m. on Health, Employment, Labor and Pensions held a Thursday, May 10th, 2007, for the purpose of re- hearing on Retirement Security: Strengthening Pen- sion Protections. Testimony was heard from public ceiving in the Chamber former Members of Con- witnesses. gress, and that the Speaker may declare a recess subject to the call of the Chair for such purpose. ELECTRIC GRID TRANSITION Page H4466 Committee on Energy and Commerce: Subcommittee on Quorum Calls—Votes: Five yea-and-nay votes and Energy and Air Quality held a hearing entitled ‘‘Fa- one recorded vote developed during the proceedings cilitating the Transition to a Smart Electric Grid.’’ of today and appear on pages H4428–29, H4429, Testimony was heard from the following officials of H4451, H4451–52, H4463, and H4463–64. There the Department of Energy: Kevin Kolevar, Director, were no quorum calls. Office of Energy Delivery and Electricity Reliability; Adjournment: The House met at 10 a.m. and ad- and Jon Wellinghoff, Commissioner, Federal Energy journed at 6:03 p.m. Regulatory Commission; Robert F. Lieberman, Com- missioner, Commerce Commission, State of Illinois; and public witnesses. Committee Meetings EXPANDING AMERICAN HOMEOWNERSHIP DEFENSE APPROPRIATIONS ACT OF 2007 Committee on Appropriations: Subcommittee on Defense Committee on Financial Services: Ordered reported, as met in executive session to hold a hearing on Mobil- amended, H.R. 1852, Expanding American Home- ownership Act of 2007. ity Aircraft. Testimony was heard from the following officials of the Department of Defense: Sue C. U.S.-EUROPE MISSILE DEFENSE SYSTEM Payton, Assistant Secretary, Air Force Acquisition; and GEN Duncan J. McNabb, USAF, Commander, Committee on Foreign Affairs: Subcommittee on Europe Air Mobility Command; and Christopher Bolkcom, and the Subcommittee on Terrorism, Nonprolifera- Specialist in National Defense, Congressional Re- tion and Trade held a joint hearing on Do the United States and Europe Need A Missile Defense search Service. System? Testimony was heard from the following of- The Subcommittee also held a hearing on Joint ficials of the Department of State: Daniel Fried, As- Strike Fighter and Tactical Aircraft. Testimony was sistant Secretary, Bureau of European and Eurasian heard from the following officials of the Department Affairs; and John C. Rood, Assistant Secretary, Bu- of Defense: LTG Carrol H. Chandler, USAF, Deputy reau of International Security and Nonproliferation. Chief of Staff, Operations, Plans and Requirements; BG Charles R. Davis, USAF, Program Executive Of- ARAB OPINION ON AMERICAN POLICIES ficer, F–35 Lightning II Program; LTG John G. Committee on Foreign Affairs: Subcommittee on Inter- Castellaw, USAF, Deputy Commandant, Aviation; national Organizations, Human Rights, and Over- and Bruce W. Clingan, USN, Director, Air Warfare. sight and the Subcommittee on Middle East and South Asia held a joint hearing on Arab Opinion on NATIONAL DEFENSE AUTHORIZATION American Policies, Values, and People. Testimony ACT FOR FISCAL YEAR 2008 was heard from public witnesses. Committee on Armed Services: Subcommittee on Seapower and Expeditionary Forces approved for full COMMITTEE BUSINESS Committee action H.R. 1585, National Defense Au- Committee on House Administration: Met to discuss thorization Act for Fiscal Year 2008. pending Committee business.

VerDate Aug 31 2005 04:57 May 04, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MY7.REC D03MYPT1 hmoore on PRODPC68 with HMDIGEST D618 CONGRESSIONAL RECORD — DAILY DIGEST May 3, 2007 U.S. ATTORNEYS CONTROVERSY CONCURRENT BUDGET RESOLUTION Committee on the Judiciary: Subcommittee on Com- FISCAL YEAR 2008 mercial and Administrative Law continued hearings Committee on Rules: Granted, by voice vote, a rule to on the Continuing Investigation into the U.S. Attor- provide for consideration in the House of S. Con neys Controversy. Testimony was heard from James Res. 21, Setting forth the congressional budget for B. Comey, former Deputy Attorney General, Depart- the United States Government for fiscal year 2008 ment of Justice. and including the appropriate budgetary levels for fiscal years 2007 and 2009 through 2012. The rule COURT SECURITY IMPROVEMENT ACT OF waives all points of order against consideration of the 2008 concurrent resolution and provides that the concur- Committee on the Judiciary: Subcommittee on Crime, rent resolution shall be considered as read. An Terrorism and Homeland Security held a hearing on amendment in the nature of a substitute consisting H.R. 660, Court Security Improvement Act of 2007. of the text of H. Con. Res. 99, as adopted by the Testimony was heard from John F. Clark, U.S. Mar- House, shall be considered as adopted. The rule shal, Eastern District of Virginia, Department of waives all points of order against the concurrent res- Justice; David Bryan Sentelle, Judge, U.S. Court of olution, as amended, and provides that, if the con- Appeals, District of Columbia; Chairman, Judicial current resolution, as amended, is adopted then it Conference Committee on Judicial Security; and shall be in order to move that the House insist on Robert M. Bell, Chief Judge, Court of Appeals, State its amendment and request a conference with the of Maryland. Senate. IMMIGRATION REFORM GLOBAL CHANGE RESEARCH PROGRAM Committee on the Judiciary: Subcommittee on Immi- Committee on Science and Technology: Subcommittee on gration, Citizenship, Refugees, Border Security, and Energy and Environment held a hearing on Reori- International Law held a hearing on the U.S. Econ- enting the U.S. Global Change Research Program omy, U.S. Workers, and Immigration Reform. Testi- Toward a user-driven research endeavor, H.R. 906, mony was heard from Representative King of Iowa; Global Change Research Data Management Act of Patricia Buckley, Senior Economic Adviser to the 2007. Testimony was heard from James R. Mahoney, Secretary, Department of Commerce; Leon R. former Assistant Secretary, Oceans and Atmosphere Sequeira, Assistant Secretary, Policy, Department of and Deputy Administrator, NOAA, Department of Labor; Peter R. Orszag, Director, CBO; and public Commerce; and public witnesses. witnesses. TRANSITING ENVIRONMENTAL MEASUREMENTS LABORATORY TO INTERNATIONAL TRADE IN ENDANGERED DEPARTMENT OF HOMELAND SECURITY SPECIES Committee on Science and Technology: Subcommittee on Committee on Natural Resources: Subcommittee on Investigations and Oversight held a hearing on Fisheries, Wildlife and Oceans held an oversight Transitioning the Environmental Measurements Lab- hearing on the Convention of International Trade in oratory to the Department of Homeland Security. Endangered Species (CITES) as a precursor to the Testimony was heard from the following officials of Conference of the Parties. Testimony was heard from the Department of Homeland Security: John F. Todd, Willens, Deputy Assistant Secretary, Fish and Clarke, Deputy Director, Office of National Labora- Wildlife and Parks, Department of the Interior; tories, Science and Technology Directorate; Jay M. Osborne Earl Baker III, Department of Natural Re- Cohen, Under Secretary, Science and Technology; sources, State of South Carolina; and public wit- and Vayl Oxford, Director, Domestic Nuclear Detec- nesses. tion Office; Tony Feinberg, former Program Man- FEDERAL CROP INSURANCE PROGRAM ager, Radiological and Nuclear Countermeasures, Of- OVERSIGHT fice of Research and Development, Science and Tech- nology Directorate, Department of Homeland Secu- Committee on Oversight and Government Reform: Held a rity; Lynn Albin, Radiation Health Physicist, Office hearing on Waste, Fraud, and Abuse in the Federal of Radiation Protection, Department of Health, State Crop Insurance Program. Testimony was heard from of Washington; and a public witness.. the following officials of the USDA: Eldon Gould, Administrator, Risk Management Agency; and Phyl- RENEWABLE ENERGY PRODUCTION lis K. Fong, Inspector General; Lisa Shames, Acting RURAL IMPACTS Director, National Resources and Environment, Committee on Small Business: Held a hearing entitled GAO; and public witnesses. ‘‘The Impact of Renewable Energy Production in

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 4 12:30 p.m., Monday, May 7

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E939, E943 Porter, Jon C., Nev., E940, E943, E945 Gillmor, Paul E., Ohio, E939, E942 Rangel, Charles B., N.Y., E942, E944 Berry, Marion, Ark., E941, E943 Jackson-Lee, Sheila, Tex., E945 Rush, Bobby L., Ill., E941, E944 Bonner, Jo, Ala., E941, E944 Kucinich, Dennis J., Ohio, E940, E943 Sullivan, John, Okla., E945 Carney, Christopher P., Pa., E941, E944 Moran, James P., Va., E940 Udall, Mark, Colo., E940, E943 Conyers, John, Jr., Mich., E945 Pelosi, Nancy, Calif., E939

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