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, WEDNESDAY, OCTOBER 31, 2007 No. 167 House of Representatives The House met at 10 a.m. The SPEAKER pro tempore. Pursu- ‘‘I therefore beg leave to move that The Reverend Eric W. Jorgensen, St. ant to clause 8, rule XX, further pro- henceforth prayers imploring the as- Stephen’s Reformed Episcopal Church, ceedings on this question will be post- sistance of heaven and its blessings on Eldersburg, Maryland, offered the fol- poned. our deliberations be held in this assem- lowing prayer: The point of no quorum is considered bly every morning before we begin to Almighty God, who has given us this withdrawn. proceed to any other business.’’ good land for our heritage, we humbly f Thank you, Mr. Franklin, for this beseech Thee that we may always PLEDGE OF ALLEGIANCE precedent. Thank you, Pastor prove ourselves a people mindful of Jorgensen, for helping to continue this The SPEAKER pro tempore. Will the Thy favor. Bless these Representatives great tradition. who faithfully serve the citizens of this gentleman from Missouri (Mr. CLEAV- ER) come forward and lead the House in Nation. Grant them a solemn sense of f responsibility before God and their fel- the Pledge of Allegiance. Mr. CLEAVER led the Pledge of Alle- low man. Care for their loved ones in giance as follows: ANNOUNCEMENT BY THE SPEAKER need while they labor in this House. PRO TEMPORE Help them to stand firm in conviction I pledge allegiance to the Flag of the United States of America, and to the Repub- The SPEAKER pro tempore. The where warranted and grant the ability lic for which it stands, one nation under God, to come to consensus when needed. indivisible, with liberty and justice for all. Chair will entertain up to 10 further re- quests for 1-minute speeches on each We ask the same for other govern- f ment branches and for Your mercy side of the aisle. upon those who defend our national life WELCOMING THE REVEREND ERIC and liberty. Make us all strong and W. JORGENSEN f great in the fear of God and in love of (Mr. BARTLETT of Maryland asked righteousness that blessed of Thee we and was given permission to address END THE WAR IN IRAQ may be a blessing to all people. Grant the House for 1 minute.) this by the authority of Him who was Mr. BARTLETT of Maryland. Madam (Mr. CLEAVER asked and was given and is and is to come. Amen. Speaker, I want to thank one of my permission to address the House for 1 minute and to revise and extend his re- f constituents, Pastor Eric W. Jorgensen of St. Stephen’s Reformed Episcopal marks.) THE JOURNAL Church in Eldersburg, Maryland, for Mr. CLEAVER. Madam Speaker, this The SPEAKER pro tempore (Mrs. serving as a guest chaplain of the morning I rose from my slumber and TAUSCHER). The Chair has examined House of Representatives and providing turned on C–SPAN, as I always do, and the Journal of the last day’s pro- us a beautiful prayer before we begin caller after caller mentioned that they ceedings and announces to the House our work. interpret what goes on here in this her approval thereof. This is a tradition begun by Ben- body as irrelevant, that we don’t listen Pursuant to clause 1, rule I, the Jour- jamin Franklin that has been followed to the American people. Of course, if nal stands approved. ever since by the House of Representa- they are talking about the war, which Mr. POE. Madam Speaker, pursuant tives and the Senate. Benjamin Frank- most Americans want ended, they are to clause 1, rule I, I demand a vote on lin, then 82 years of age, rose during a right. If they are referring back to the agreeing to the Speaker’s approval of moment of crisis during our Constitu- Terri Schiavo incident, they are right. the Journal. tional Convention. This is part of what But many of them were talking about The SPEAKER pro tempore. The he said: ‘‘In the days of our contest the SCHIP program. It is troublesome question is on the Speaker’s approval with Great Britain when we were sen- to me that we will not provide health of the Journal. sible of danger, we had daily prayer in insurance for 10 million children. The question was taken; and the this room for divine protection. I have I don’t attack the President, I don’t Speaker pro tempore announced that lived, sir, a long time, and the longer I condemn my colleagues and call them the ayes appeared to have it. live, the more convincing proofs I see names, but I have got to say that it is Mr. POE. Madam Speaker, I object to of this truth, that God governs in the embarrassing that the dreams of the the vote on the ground that a quorum affairs of men. If a sparrow cannot fall American public show up here on this is not present and make the point of without his notice, can a Nation rise floor to die. This has become the burial order that a quorum is not present. without his aid? ground for American dreams.

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 02:19 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.000 H31OCPT1 cnoel on PRODPC60 with HOUSE H12242 CONGRESSIONAL RECORD — HOUSE October 31, 2007 WELCOME PRESIDENT NAMBARYN go through on a daily basis in Iraq, but inability to control earmarks, directly ENKHBAYAR OF MONGOLIA the White House needs to start listen- contributed to the Democrats’ success (Mr. WILSON of South Carolina ing to them. It is well past time to in last year’s elections. However, the asked and was given permission to ad- bring our sons and daughters home majority party does not appear to be dress the House for 1 minute and to re- from this fiasco we call the war in Iraq. following through with the substantive vise and extend his remarks.) f reforms that were promised. Mr. WILSON of South Carolina. Take the Labor-HHS bill that will Madam Speaker, last week President TRULY SCARY HALLOWEEN soon be considered in conference. It Nambaryn Enkhbayar of Mongolia vis- (Mr. AKIN asked and was given per- contains more than 1,300 House ear- ited the United States to meet with mission to address the House for 1 marks, more than 1,000 Senate ear- President Bush and discuss the growing minute and to revise and extend his re- marks. It goes without saying that few partnership between our two nations. marks.) of these earmarks have received even a As cochair of the Mongolian Caucus, I Mr. AKIN. Madam Speaker, today is cursory screening, let alone a thorough was grateful for President Enkhbayar’s Halloween. The Democrats are doing a vetting. We need to remember that we visit. Mongolia and the United States good job celebrating it. They are hand- are only halfway through the process continue to work closely together to ing out entitlements like Halloween and it is in the conference that much of strengthen our economic and strategic candy. The question is how are we the earmark mischief occurs. Public alliances, as well as our efforts inter- going to pay for it. Well, they have ap- confidence in our ability as stewards of nationally. proved $431 billion in new taxes this their taxpayer dollars will further Madam Speaker, I am particularly year, but for Halloween they have got erode. appreciative of the Mongolian people’s something that is really scary: the Madam Speaker, while watching the continued support of our efforts in Iraq mother of all tax increases, the biggest Democrats make the same political as the central front in the global war tax increase in the history of our coun- miscalculations as we did in the major- on terrorism. During the visit, Presi- try, $3.5 trillion. ity may delight us as Republicans, it dent Bush and President Enkhbayar The question becomes on Halloween, has to be sorely disappointing to tax- signed a Millennium Challenge Cor- with fuel prices going up, with the cost payers. I urge all Members, Repub- poration Compact. A millennium chal- of health care going up, with the cost licans and Democrats, to support legis- lenge compact is an initiative by the of housing going up, how can we face lation to impose an earmark morato- United States to help developing na- something as scary as the mother of all rium until we can scrutinize all ear- tions expand their economic growth by tax increases. marks. investing in infrastructure, health f care, education, transportation and f other areas. VETERANS DAY In conclusion, God bless our troops, (Mr. KAGEN asked and was given b 1015 and we will never forget September the permission to address the House for 1 11th. minute and to revise and extend his re- SCHIP HALLOWEEN Happy birthday, Alan Stedman of marks.) Haddenfield, New Jersey. Mr. KAGEN. Madam Speaker, the (Mr. EMANUEL asked and was given f war to end all wars, World War I, ended permission to address the House for 1 AMERICAN SOLDIERS IN IRAQ ARE on the 11th day of the 11th month in minute.) TIRED, BITTER AND SKEPTICAL, 1911. In these words, Armistice Day be- Mr. EMANUEL. Madam Speaker, AND YET BUSH ONLY OFFERS came our Nation’s day to give our grat- President Bush is continuing to oppose STATUS QUO itude to all, to all of our servicemen a bipartisan plan to give 10 million children the health care they need. (Mr. MORAN of Virginia asked and and women, as President Wilson pro- This morning, the Associated Press re- was given permission to address the claimed: ‘‘To us in America the reflec- ported that President Bush will veto House for 1 minute and to revise and tions of Armistice Day will be filled any plan that raises the resources nec- extend his remarks.) with solemn pride in the heroism of Mr. MORAN of Virginia. Madam those who died in the country’s service essary to fund children’s health care. Speaker, as President Bush allows the and with gratitude for the victory, An overwhelming majority of Repub- war in Iraq to drag on, with no change both because of the thing from which it licans and Democrats in Congress dis- in policy and no end in sight, it is im- has freed us and because the oppor- agree with the President on this issue. portant that we hear what our combat tunity it has given America to show But the President is content to con- soldiers are saying on the front lines of her sympathy with peace and justice in tinue to stand between 10 million chil- that war. Over the weekend, The Wash- the councils of nations.’’ dren and their health care. The Presi- ington Post published a story on the Peace and justice. Peace and justice. dent’s refusal to move forward could First Infantry Division of the First President Eisenhower would later, in have serious consequences for middle- Battalion, which has been patrolling 1954, change this title to Veterans Day. class families. the streets of Baghdad for the last 14 This 110th Congress has fulfilled its The New York Times reported today months. Those troops are tired, bitter duty to the spirit and the meaning of that 21 States will run out of money for and skeptical. One such soldier told the Veterans Day by passing the largest in- children’s health care this year if the reporter, and I am quoting, ‘‘I don’t crease in veterans benefits in the past spending for the SCHIP program con- think this place is worth another sol- 77 years, making certain all vets re- tinues only at current levels. The par- diers’ life.’’ ceive the benefits they have earned. ents of these children earn a paycheck, Our soldiers are also frustrated that This Veterans Day day, please, please not a welfare check. Millions of chil- decisionmakers here in Washington thank a veteran for their service, for dren and their parents are counting on don’t fully realize what is going on. this is still our Nation’s finest hour. this President and Republicans in Con- Quoting another soldier: ‘‘They just f gress to offer more than an emergency know back there what the higher-ups room as health care. tell them. But the higher-ups don’t go EARMARK MINUTE The same children who are counting anywhere, and actually they only go to (Mr. FLAKE asked and was given on the President to act will celebrate the safe places with a little bit of gun- permission to address the House for 1 Halloween this evening and President fire. They don’t see what we see on the minute.) Bush won’t miss out on the fun. At 1600 ground.’’ Having been to Iraq a number Mr. FLAKE. Madam Speaker, Demo- Pennsylvania Avenue, President Bush of times, as many of my colleagues crats wisely seized on earmark reform is having what he calls an SCHIP Hal- have, how true that is. as an issue during last year’s elections. loween. It’s all trick, no treat. He’s Madam Speaker, none of us in this I believe that their promises of reform, preventing health care coverage for Chamber can imagine what our soldiers coupled with the Republican Party’s millions of kids.

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.002 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12243 DRUG SMUGGLERS USE FAKE week in standing by these 10 million Americans need to send a message to GOVERNMENT TRUCKS kids, House Republicans will most like- President Bush to get his priorities (Mr. POE asked and was given per- ly sign off on the President’s war fund- right. mission to address the House for 1 ing request without ever asking a sin- f gle question. minute.) NOT MUCH ACCOMPLISHED f Mr. POE. Madam Speaker, the drug (Mr. STEARNS asked and was given smugglers have gotten smarter. They PRAYER BAN OVERTURNED permission to address the House for 1 now disguise vehicles they are using to (Mr. PENCE asked and was given per- minute and to revise and extend his re- smuggle drugs into America to look ex- mission to address the House for 1 marks.) actly like Texas State transportation minute and to revise and extend his re- Mr. STEARNS. Madam Speaker, an trucks. They mask them with official marks.) analysis of the accomplishments under decals and even license plates; thus, Mr. PENCE. Madam Speaker, since Democrat control here in Congress for making it easier to bring drugs into the American founding, acknowledging the 110th Congress has shown that not the United States. God has been at the center of American much has been accomplished. Let’s Even though this criminal activity is experience. Today, for example, Con- take a look at it. There have been a highly organized, at least 11 drug deal- gress opened our day in prayer. And thousand votes taken this year. When ers have been captured bringing thou- thanks to the Seventh U.S. Circuit you look at those thousand votes, only sands of dollars worth of drugs into our Court of Appeals, the Indiana General 106 bills have been signed by the Presi- country using these fake State vehi- Assembly can open in prayer again. dent. What are those bills? Well, 46 cles. In November of 2005, U.S. District were naming of post offices, public But when the U.S. Attorney pros- Judge David Hamilton ruled that open- buildings and bridges. Not much ac- ecuted these criminals, they received ing prayers in the Indiana House of complishment there. And 44 bills were relatively light sentences. Some people Representatives could not mention noncontroversial. Some were actually received only fines. One received 24 Jesus or endorse a particular religion. Republican bills. They had strong bi- months in prison, far less than the 11- Then-House Speaker Brian Bosma ap- partisan support. and 12-year sentences that Border pealed the decision; and yesterday, in a Fourteen of these bills were reau- Agents Ramos and Compean received 2–1 opinion, the court overruled that thorization of existing law that the Re- when they were prosecuted by the same decision. publicans developed and were just con- U.S. Attorney for wounding a drug I commend the Seventh U.S. Circuit tinuing. And two substantial, serious smuggler on the border. Court of Appeals, and I particularly bills that passed this House, the FISA The U.S. Attorney’s weak prosecu- rise to commend the tenacious and bill and the Iraq supplemental, passed tion of drug smugglers is disturbing. principled leadership of Republican mi- without one member of the Democrat The U.S. Attorney’s Office seems to be nority leader Brian Bosma. Because of leadership supporting it. more interested in prosecuting border his efforts, Hoosiers can continue our That is all that has been accom- agents than it is in prosecuting the long tradition of acknowledging God in plished, and I think the American peo- ple need to know. Lastly, not one ap- real criminals that bring drugs into the public square and in the well of the propriation bill has been sent to the our country. The overwhelming mes- people’s State House. President and the fiscal year is already sage here is that a measly fine is just f over. a cost of doing business: the drug DEMOCRATS EXERCISE FISCAL f smuggling business in America. DISCIPLINE And that’s just the way it is. OUR CHILDREN’S HEALTH (Mr. KLEIN of Florida asked and was f given permission to address the House (Mr. CARNAHAN asked and was given permission to address the House MISPLACED PRIORITIES for 1 minute and to revise and extend his remarks.) for 1 minute and to revise and extend (Mr. JOHNSON of Georgia asked and Mr. KLEIN of Florida. Madam Speak- his remarks.) was given permission to address the er, this summer the Democrat-led Mr. CARNAHAN. Madam Speaker, House for 1 minute.) House completed work on all 12 appro- the Children’s Health Insurance Pro- Mr. JOHNSON of Georgia. Madam priations bills that fund the Federal gram is one of the most effective gov- ernment programs of the last decade. Speaker, within the last month, the Government for the upcoming year. For an investment of just $3.50 a day, American people have seen just how Each bill restores fiscal responsibility, we can ensure health care for that misplaced President Bush’s priorities ensures that taxpayer dollars are spent child who would otherwise fall through are when it comes to addressing the wisely, and was passed with bipartisan the cracks because their family makes needs of hardworking Americans. support. Our bills will not add money Earlier this month, the President ve- too much for Medicaid but can’t afford to the Federal deficit because we kept private health insurance. toed a bipartisan bill that would have our promise to adhere to pay-as-you-go provided 10 million children private This small cost is significantly less rules. than the cost we all bear when unin- health insurance through the SCHIP Yesterday, financial watchdogs, in- sured children fail to receive preventa- program. The bill cost an additional $35 cluding the Center for Budget and Pol- tive care and end up in our emergency billion over the next 5 years, and would icy Priorities, the Concord Coalition rooms. Yet the President and about 10 have allowed us to receive 4 million and the Committee for a Responsible of his Republican House supporters are more uninsured children. Instead, the Federal Budget praised the new Con- all that stand in the way of covering 10 President suggested a mere $5 billion gress for our strict adherence to the million American children. increase, which would lead to more PAYGO rules. Our bipartisan legislation will allow than 800,000 children losing their Contrast that praise with the Bush children who are already eligible for health insurance coverage. administration’s record of turning the program to see the doctor of their Contrast that with the President’s record surpluses into record deficits. family’s choice so they don’t have to announcement last week that he was President Bush has borrowed more resort to an emergency room for their requesting an additional $189 billion in money from foreign nations than all 42 primary care. emergency funds over the next year for of his predecessors combined. Madam Speaker, it is time for our the war in Iraq, which was $42 billion Yet the President threatens to veto Republican colleagues in this body to higher than originally thought. our appropriations bills because he join us in ensuring that all American Fortunately, most Americans, Sen- says they are excessive. Does he really children have a healthy start in life. ators and Governors have caught on to oppose important investments in vet- The future success of our Nation de- the President’s misplaced priorities. erans health care, pay raises for active pends on the health and well-being of But Republicans here in the House con- duty soldiers, funding for more cops on our children. It is time for the obstruc- tinue to blindly follow this President. our streets, and funding for life-saving tionists to get out of the way. Let’s get And just as they refused to join us last medical research? the job done.

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.006 H31OCPT1 cnoel on PRODPC60 with HOUSE H12244 CONGRESSIONAL RECORD — HOUSE October 31, 2007 FUND OUR VETERANS Mr. PITTS. Madam Speaker, last mittee on Rules, I call up House Reso- (Mrs. DRAKE asked and was given week the Ways and Means Committee lution 781 and ask for its immediate permission to address the House for 1 chairman outlined the provisions of consideration. minute and to revise and extend her re- what he has been calling the ‘‘mother The Clerk read the resolution, as fol- marks.) of all tax bills.’’ lows: Mrs. DRAKE. Madam Speaker, this is The most important piece of infor- H. RES. 781 day 31. That is 31 days so far that our mation about this proposal is the bot- Resolved, That upon the adoption of this veterans have not had the use of the in- tom line. The proposal would mean a resolution it shall be in order to consider in creased funding for their benefits in multi-trillion-dollar tax increase on the House the bill (H.R. 3920) to amend the health care. That is $18.5 million a day the American taxpayer. Trade Act of 1974 to reauthorize trade adjust- I think this is a good moment to take ment assistance, to extend trade adjustment not able to be used. And why? Because assistance to service workers and firms, and the Democratic leadership has decided a step back and look at the philo- sophical difference between Repub- for other purposes. All points of order to not complete this bill and send it to against consideration of the bill are waived the President who has agreed to sign licans and Democrats. On this side of except those arising under clause 9 or 10 of it. the aisle, we simply believe people rule XXI. The amendment in the nature of a In June, this House passed this ap- know how to spend their money better substitute recommended by the Committee propriation bill with a $6 billion in- than the government. But just look at on Ways and Means now printed in the bill, crease in a bipartisan manner. We were the legislation passed in the House so modified by the amendment printed in part far this year: $431 billion in tax in- A of the report of the Committee on Rules proud of our work and grateful to our accompanying this resolution, shall be con- veterans. On September 6, the Senate creases have been included in bills that have already passed the House this sidered as adopted. The bill, as amended, passed their bill. This work is done. shall be considered as read. All points of Our veterans are not pawns in a po- year. order against provisions in the bill, as litical game. They are heroes. America Madam Speaker, we should remem- amended, are waived. The previous question expects us to get the job done. America ber, no one knows how to spend their shall be considered as ordered on the bill, as expects us to provide the best care for money better than the taxpayer. We amended, to final passage without inter- our veterans. Please join me in calling should be looking for ways to decrease vening motion except: (1) one hour of debate, the tax burden, not increase it. with 40 minutes equally divided and con- upon the Democratic leadership to put trolled by the chairman and ranking minor- our veterans first and send this bill to f ity member of the Committee on Ways and the President now. DEMOCRATS MOVE AMERICA IN Means and 20 minutes equally divided and f NEW DIRECTION controlled by the chairman and ranking mi- nority member of the Committee on Edu- PROTECT SEXUAL TRAFFICKING (Mr. PALLONE asked and was given cation and Labor; (2) the amendment in the VICTIMS permission to address the House for 1 nature of a substitute printed in part B of minute.) the report of the Committee on Rules, if of- (Mrs. MALONEY of New York asked fered by Representative McCrery of Lou- and was given permission to address Mr. PALLONE. Madam Speaker, last November Democrats listened to the isiana or his designee, which shall be in the House for 1 minute and to revise order without intervention of any point of American people. But, unfortunately, and extend her remarks.) order except those arising under clause 9 or Mrs. MALONEY of New York. Madam President Bush continues to ignore 10 of rule XXI, shall be considered as read, Speaker, today the House Judiciary them. Democrats promised to take our and shall be separately debatable for one Committee will hold a hearing on the Nation in a new direction, and in many hour equally divided and controlled by the Trafficking Victims Protection Act. ways we have. We increased the min- proponent and an opponent; and (3) one mo- imum wage for the first time in a dec- tion to recommit with or without instruc- Sex trafficking has been called the tions. slavery issue of the 21st century. And ade. We made Americans safer by fully implementing the 9/11 Commission rec- SEC. 2. During consideration of H.R. 3920 because girls and women are its vic- pursuant to this resolution, notwithstanding ommendations. We also restored tims, it is one of the great women’s the operation of the previous question, the issues of our time. PAYGO rules so that Congress lives Chair may postpone further consideration of The lives of trafficking victims are within its means. the bill to such time as may be designated by pure horror. These photographs that We are proud of our accomplish- the Speaker. are in the current issue of Prism maga- ments, but an intransigent President is The SPEAKER pro tempore. The gen- zine include mug shots or photographs blocking our efforts to do more. Life- tleman from Vermont is recognized for of trafficked women arrested for pros- saving cures to debilitating diseases re- 1 hour. titution over periods ranging from 1 to main out of reach because President Mr. WELCH of Vermont. Madam no more than 3 years. Bush vetoed stem cell research legisla- Speaker, for the purpose of the debate Better than words could ever convey, tion. Our soldiers continue to referee a only, I yield the customary 30 minutes the photos display the destruction that civil war in Iraq because President to the gentleman from California (Mr. takes place for hundreds of thousands Bush vetoed a bill that would have DREIER). All time yielded during con- of trafficked girls and women. Notice brought our troops home next year. sideration of the rule is for debate how when they were first arrested, And millions of children cannot see the only. doctor of their choice because Presi- they all look distinctly different. But GENERAL LEAVE dent Bush vetoed bipartisan legislation in the end, they all look the same. You Mr. WELCH of Vermont. Madam that would provide health insurance to cannot tell the difference from one to Speaker, I ask unanimous consent that 4 million more kids. the other. That is because they have all Members have 5 legislative days Madam Speaker, while it is frus- been abused, psychologically battered, within which to revise and extend their trating to deal with a President who broken and devastated at the hands of remarks. continues to ignore the results of last their pimps. The SPEAKER pro tempore. Is there year’s elections, congressional Demo- We need effective prosecution strategies objection to the request of the gen- crats will continue to move America in against their traffickers. tleman from Vermont? a new direction. We need to protect the victims of the sex There was no objection. trade industry and punish the predators who f Mr. WELCH of Vermont. Madam exploit them. b 1030 Speaker, I yield myself as much time f as I may consume. PROVIDING FOR CONSIDERATION Madam Speaker, H. Res. 781 provides DECREASE TAX BURDEN OF H.R. 3920, TRADE AND for consideration of H.R. 3920, the (Mr. PITTS asked and was given per- GLOBALIZATION ASSISTANCE Trade Globalization and Assistance Act mission to address the House for 1 ACT OF 2007 of 2007, under a structured rule. The minute and to revise and extend his re- Mr. WELCH of Vermont. Madam rule provides 1 hour of debate with 40 marks.) Speaker, by direction of the Com- minutes equally divided and controlled

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.009 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12245 by the chairman and ranking minority and even as service sector jobs are the new class that has come in. I hope member of the Committee on Ways and being off-shored. So this change in my saying that doesn’t jeopardize his Means and 20 minutes equally divided trade adjustment assistance is long standing in the Democratic Caucus, and controlled by the chairman and overdue and very necessary. but I do appreciate his hard work on ranking minority member of the Com- Too often workers are not provided the Rules Committee. mittee on Education and Labor. Fi- with the training that they need under I was prepared, Madam Speaker, to nally, the rule makes in order a sub- current training assistance bill. This rise in support of this rule, but I’ve de- stitute amendment to be offered by bill doubles the current training fund cided to oppose the rule, and the reason Representative MCCRERY of Louisiana, cap to $440 million. Beyond expanding I’ve decided to oppose the rule is not or his designee. coverage to more workers, this TAA the fact that we, for the first time in Madam Speaker, let me begin by say- improves their training opportunities, the 110th Congress, have a substitute ing what we all know. Trade can be a as well as the all-important health care made in order on a bill that has come very good thing for the economy of this benefits. forth from the Committee on Ways and country, and this Congress and this Many of the folks who have been ad- Means. I should say at the outset that Member of Congress is committed to versely affected by trade have come last night our colleague Mr. HASTINGS examining any trade agreement that is from older industries with strong of Ft. Lauderdale, Florida, said that brought before this House in two ways: unions where they had substantial and there was only one instance in the one, whether the terms and provisions very important health care benefits. 109th Congress where an amendment will improve the economy of this coun- This trade adjustment assistance ex- was made in order by the then-major- try; and two, whether there is a capac- tends them. ity for the consideration of a Ways and ity to share the benefits that that It also creates new benefits for indus- Means Committee bill, when, in fact, trade agreement will bring to this tries in communities that have been we researched that overnight and found economy, across all sectors of it. hardest hit by creating 24 manufac- that there were five instances, five in- And what we have to acknowledge on turing redevelopment zones to encour- stances in the 109th Congress where our trade agreements, and really is the un- age the redevelopment of communities majority, in fact, made in order an derpinning of this legislation brought that have been hit the hardest by man- amendment to a Ways and Means Com- before the House, is that there is sig- ufacturing decline. mittee bill. nificant dislocation that can occur What this legislation starts to under- Madam Speaker, I would, at this with trade. There can be winners and stand is that one of the responses that point, include in the RECORD that there can be losers, and in the adjust- we must have strategically to the ac- statement which outlines those meas- ment to some of the consequences that celeration of globalization is the inten- ures that we have put forward. have adverse impact on many of our sification of localization. Our econo- Bills referred to the Committee on Ways workers across this country, we must mies that have been hardest hit have and Means considered under ‘‘structured’’ or have a substantial and vigorous and ef- to rebuild in part from the bottom up ‘‘modified closed’’ rules in the 109th Con- fective assistance program to help using the resources that we have in gress: workers who are hurt regain jobs, re- those communities, keeping dollars in 1. H.R. 8—Death Tax Repeal Permanency gain employment, improve their in- those communities that can be rein- Act of 2005. 2. H.R. 6—Energy Policy Act of 2005. comes and be part of this economy and vested and then create jobs and wealth 3. H.R. 4297—Tax Relief Extension Rec- be part of the benefits, not just the in those communities. onciliation Act of 2005. downside of trade. Madam Speaker, one of the things 4. H.R. 4437—Border Protection, Antiter- I want to thank Chairman RANGEL, that has been happening over the past rorism, and Illegal Immigration Control Act Chairman MILLER, Congressman LEVIN generation is a widening gap between of 2005. and Congressman SMITH for their dili- the highest and lowest paid among us. 5. H.R. 4157—Health Information Tech- gence in putting together a very strong According to a 2006 survey conducted nology Promotion Act of 2005. adjustment assistance package that we by the Wall Street Journal, the case Madam Speaker, so I do say that here will vote for later today. Among many right now is that the average CEO in we are on Halloween for the first time others, they have been working on this the United States earns 262 times the in this 10-month period of time having bill for nearly a decade. pay of the average worker. It means a substitute made in order, and I was, Trade adjustment assistance hadn’t that the CEO earned more in one work as I said, prepared to support the rule, been started in this country until 1962; day than an average worker earned in but I’ve decided to oppose it. I decided even though trade has been a very dif- the entire year. to oppose it because of an article that ficult political issue for this country And we have to look at this discrep- I read in the Roll Call this morning from its inception, where there were ancy because one of the actual facts which made it very clear that the debates about tariffs. And in our days that has to be recognized, whatever Democratic majority is once again of our history, tariffs were used basi- your position on trade, is that there going down a path that they abandoned cally to protect our industries and has been this widening gap, and his- last summer, I’m happy to say, but allow them to get a foothold. And then torically, this country has always been they’ve unfortunately brought it to the trade barriers were gradually reduced, its best when we’ve had economic poli- forefront again, and that is the notion and what we’re seeing as that happens cies that have shared the wealth that of casting aside the opportunity for the is an increase in gross domestic prod- is generated by people working hard in single bite at the apple that the minor- uct and wealth, but we’re also seeing this country. ity has, and that is to offer the motion an increase in dislocation among many H.R. 3920 is an important bill for our to recommit on measures. workers, and some of that is con- economic stability and workforce Now, I know, Madam Speaker, that’s centrated in many of the old industrial growth. It’s also a bill about fairness. a very inside baseball discussion, but sectors of our country. Madam Speaker, I reserve the bal- our colleagues know that the motion This legislation recognizes that im- ance of my time. to recommit is something that was pact and is attempting to substantially Mr. DREIER. Madam Speaker, I yield often denied the Republican minority increase our ability to address the dis- myself such time as I may consume, during the four decades before 1994, and location. That underpinning is essen- and on this beautiful day in our Na- when we won the majority in 1994, we tial for the consideration of any future tion’s Capital, I wish you and our col- made it very clear that we would, in trade packages that will be brought be- leagues a Happy Halloween and say fact, guarantee the minority, guar- fore this House. that it is an honor to be here on what antee the minority a right to a motion The update is long overdue. H.R. 3920 is a very important piece of legislation. to recommit, meaning at least one bite expands trade assistance to the service I thank my friend for yielding me the at the apple on a measure, even if all sector. That was denied under the pre- customary 30 minutes and want to con- amendments were denied. vious adjustment assistance legisla- gratulate him on his very thoughtful Now, this report has come forward tion, even as more and more of our statement and say that I consider him that the distinguished Chair of the economy has become service-related to be one of the most able Members of Committee on Rules, Ms. SLAUGHTER of

VerDate Aug 31 2005 02:19 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.012 H31OCPT1 cnoel on PRODPC60 with HOUSE H12246 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Rochester, New York, is in the midst of The underlying bill was actually a ognize that there are some sectors of a discussion, and she said in this quote good place to start with this, in part, our society that have not benefited in the paper that she wants to not say because the issue in question is so im- from trade, and that’s why we are here that it is imminent but she wants to portant, and, in part, because the pro- today. We are here today to recognize get it right, getting it right, shutting posal that has been reported from the that it is very, very important for us to down the opportunity for the minority Ways and Means Committee is in such do everything possible to address the to have that single opportunity to ad- dire need of improvement, that’s why I concerns of those workers who have dress an issue in the bill. And so the believe that this substitute is one been negatively impacted by trade. mere fact that this has come to the which should be able to enjoy very Unfortunately, what the Democrats forefront again, Madam Speaker, has strong bipartisan support. have done is to take an inefficient pro- led me to come to the conclusion that Madam Speaker, as you know very gram and compound the inefficiencies I can’t be supportive of this rule that well, and you have been involved in the and inadequacies and block all efforts we’re debating here today. trade debate since you have come to to build more accountability into the I will say that I am in opposition to the Congress, and I suspect you were system, which we all believe is very the underlying legislation itself, but as probably interested in it even before important. Then they intend to self- I said, I’m very happy that we have the you came to the Congress, the issue of execute the fusion of this ill-advised opportunity to debate a minority sub- trade adjustment assistance is a very, proposal with another bill that imposes stitute for a major package from the very critical and important and a very massive new regulations on American Committee on Ways and Means. well-intentioned program that does job creators. Perhaps most troubling is Now, I mention this nearly 1-year pe- need to be reformed and modernized in that this bill opens the door for TAA riod of time we’ve gone through, com- order to effectively help American benefits to be granted to illegal immi- pleted 10 months here, and we saw at workers compete in the worldwide mar- grants. If we look at that problem, po- the beginning of the Congress this won- ketplace. My friend from Vermont tentially having illegal immigrants derful document that I’m sure you’ve talked very thoughtfully about the benefiting from the program, if we look at the regulatory burden which is seen, Madam Speaker, that was put issue of globalization and the fact that going to impinge on those who are cre- forward by Speaker PELOSI. It’s enti- we have seen a dramatic improvement ating jobs, I think we have got to rec- tled ‘‘A New Direction for America.’’ in our gross domestic product growth. Now, in this document, she says that In fact, just this morning, I know it ognize that we have a lot of work to do basically every measure that is consid- surprised many, we got the report that on that. I believe the substitute is the ered here on the House floor, and I we have a 3.9 percent GDP growth rate best answer. The Democratic majority has tried to quote from this document. It says, annualized, the report that came from distract us all from the mess they have ‘‘should include procedure that allows the Commerce Department this morn- created by throwing billions of dollars an open, full and fair debate consisting ing, demonstrating that opening up of a full amendment process that at the problem. Of course, since money new markets and developing opportuni- sadly does not grow on trees, the grants the minority the right to offer ties for U.S. workers and consumers its alternatives, including a sub- Democratic majority has once again has, in fact, been a positive. I will ac- resorted to raising taxes to pay for stitute.’’ knowledge, and I know we are going to Now, Madam Speaker, that was what their boondoggle that won’t actually be hearing a lot of sob stories through was stated by Speaker PELOSI at the do what they claim, in this case help- this debate, and, frankly, I am sympa- beginning of this Congress, and today, ing American workers deal with job thetic with those sob stories, the sto- Halloween 2007, October 31, marks the loss. In fact, by saddling businesses, ries about people who have been vic- first time, the first time in the 110th large, medium and small, with hefty timized by trade. Congress that this opportunity for the new regulations, they are further di- But I have got to say that one of the minority has been availed us. minishing our economic competitive- sad things that I have observed in the ness and, in fact, exacerbating the b 1045 debate on trade is that it is blamed for problem that they purport to address I will say that we have repeatedly virtually every ailment of society. In with the measure that they have considered in the Rules Committee fact, I often am reminded of the fact brought forward. Ways and Means measures, and we that one time a constituent came up to How the Democratic majority can have repeatedly asked for a minority me a couple of years ago and said we say with a straight face that they want substitute to be made in order so that didn’t have a single illegal immigrant to help workers and yet are determined our constituents, and this has nothing coming from Mexico into the United to shut down the job creators is beyond to do simply with party, this has to do States until you passed the North me. Whoever said irony was dead with the right of each Member of Con- American Free Trade Agreement. should just turn to C–SPAN. It’s alive gress who represents 600,000 and some We know very well that the North and well here on the House floor. people to have their opportunity to be American Free Trade Agreement has The challenges facing Americans in heard here. Unfortunately, throughout actually created a third of a trillion 2007 are very, very different than the this entire year, up until this point, dollars in cross-border trade between challenges of just a few years ago, let every request for that minority sub- the United States and Mexico. I argue alone when the TAA was established. stitute has, unfortunately, been denied. that the problem of illegal immigra- Fundamentally, we are still striving I am happy that we are finally, tion would have been dramatically for the same things we always have, today, allowing what I know will be a worsened had we not put into place the good jobs that allow us to provide for very thoughtful substitute that will be trade agreement which has improved our families and ensure a better life for debated by my California colleague, the quality of life and the standard of our children. But we are achieving Mr. MCKEON, the ranking Republican living in both countries. these goals in very different ways, and on the Committee on Education and I will say that the middle-class popu- facing very different obstacles. The re- Labor, as well as the ranking Repub- lation in Mexico today is larger than ality is that opportunity and challenge lican on the Ways and Means Com- the entire Canadian population, and often go hand in hand. mittee, our friend from Louisiana (Mr. that is by virtue of the fact that we One enterprising young entrepreneur MCCRERY). have seen economic growth take place may be very successful at tapping into I do commend my colleagues on the in Mexico that is a by-product of the the global economy, finding clients and Rules Committee, the majority on the North American Free Trade Agree- contractors all over the world, allow- Rules Committee, for taking this first ment. ing businesses to grow here at home step. I hope very much that it is a sign But having said all of that, as we will and creating lots of good, well-paying of a new day at the Rules Committee. continue to rage on with the debate on jobs for Americans. But the company I hope that we will have this greater the benefits of trade as we face, I hope, down the street might not navigate the transparency, openness and bipartisan- in the coming weeks and months the effects of globalization so successfully. ship which we were promised at the be- trade agreements for Peru, Panama, It may find itself struggling to com- ginning of this year. Colombia and South Korea, I will rec- pete with Indian software designers or

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.014 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12247 Polish manufacturers or Australian It would integrate trade adjustment b 1100 marketing firms. The opportunities are assistance, as I said, in other Federal Back then, our Nation enjoyed a limitless, but the challenges are broad- worker programs. In particular, it fo- large trade surplus, our manufacturing based. Limiting our focus to just those cuses on the Workforce Investment Act industry was thriving, and our econ- whose jobs are directly impacted by which has, as we all know, been very, omy was moving forward. trade is a hopelessly narrow and sim- very effective. This substitute would By establishing the TAA program provide greater flexibility for workers plistic approach. Trade is just one fac- then, our Nation had the foresight to so that they can actually get their tor in the ever-churning economy that recognize that even when economic training and education while they we face. times were good, international trade As I said, unfortunately, there is this work, over a longer period of time. It and development could also cause a rift tendency by many, the moment they would bring trade adjustment assist- in our workforce and in our commu- witness any kind of change, the mo- ance into the 21st century, broadening nities. ment they witness any kind of dis- its focus to reflect the new realities of Now it is our time to provide the placement, the moment they witness the worldwide marketplace. It would foresight for future generations of any kind of problem at all, they want ensure that the program remains ac- workers and companies who will face to blame it on trade, and that is just countable so that we can assure the the continued pressure of globalization. plain wrong. taxpayers that their money is being There are new technologies growing spent in an effective and an efficient The mark of a strong Nation is this exponentially and changing the nature way. It would do all this without rais- ability to create a vision for itself and of jobs and job creation irreversibly. ing a single tax or creating any addi- to adapt to that vision. There are new competitors halfway tional barriers to innovation and entre- Like our economy, the TAA must across the globe that are in the mar- preneurship. change and evolve to meet the new ketplace whether we trade with them This very thoughtful substitute is challenges of the day. Under current or not. There are 100 million Chinese based on the premise that broad, far- law, the TAA program only offers bene- workers who have been lifted out of ab- reaching challenges demand broad, far- fits to those workers who lost their ject poverty and are entering the mid- reaching solutions. And it is based on jobs in the manufacturing industry due dle class for the first time ever. Madam the very logical and simple fact that to international trade. Speaker, you know as a proponent of workers don’t benefit when govern- Today, no sector in our economy is trade that these are all good things, ment puts job creators out of business. safe from outsourcing or trade activi- but we have to change our thinking in The Democrats’ bill, on the other hand, ties. We are seeing IT jobs, call center a very broad way if we don’t want to takes a very narrow and flawed ap- jobs, and other U.S. service jobs move drown in a sea of changes that we proach, while drastically increasing abroad. aren’t prepared to navigate. the money that we are wasting. Only Our commitment to the American We need better math and science edu- the Democrats could manage to think worker is more important now than cation from kindergarten all the way small and spend big all in the same ever before. It is critical to continue to up. We need to make adult continuing bill. improve the benefits for displaced education a part of everyday life. We I hope today we can have a meaning- workers. But it is also essential that need to enhance the financial literacy ful debate on the important issue of en- we not ignore other sectors of the econ- of American families. We need an eco- hancing the competitiveness of the omy that have been hard hit by nomic agenda that is focused on U.S. economy and ensuring that Amer- outsourcing or trade competition. growth and competitiveness, including ican workers, all workers, have access That is why I’m pleased that the bill opening up new markets for American to new and better opportunities. I be- before us today expands current TAA producers and service providers. In lieve that our substitute gets us closer coverage to include the service work- other words, we need policies that as- to that goal, and I anxiously look for- ers. More than 70 percent of our work- sure that individuals are always find- ward to the debate on this proposal. force today is in the service industry. ing new and better job opportunities. With that, I reserve the balance of Updating the TAA program to reflect When all else fails, we need worker my time. this shift in the workforce is essential Mr. WELCH of Vermont. Madam assistance programs that help all to the long-term health of our country. Speaker, I just want to read one sec- workers get the training they need This bill also improves health care tion from the bill to allay the appre- throughout an entire lifetime in an ef- benefits in the TAA program to make hensions about benefits going to illegal fective way that actually allows them it a more affordable option for our aliens: section 226, Restriction of Eligi- to continue to climb up the economic workers. This bill also doubles the cur- bility For Program Benefits, states ladder. We need programs that help to rent funding to better train and relo- very specifically that ‘‘no benefit al- keep workers competitive, regardless cate displaced workers. lowances, training or other employ- of why they have lost their jobs. Madam Speaker, the impact of ment services may be provided under globalization on our economy is not Whether the blame lies with tech- this chapter to a worker who is an limited to workers. These affected nology, lost competitiveness, or simply alien, unless the alien is an individual workers reside in communities that ex- dying industries that are going the way lawfully admitted for permanent resi- perience massive job losses due to un- of blacksmiths and buggy whip makers, dence in the United States.’’ the only thing that matters is that At this time, Madam Speaker, I yield fair trade practices. This bill attempts every American can find a job and re- 4 minutes to the gentlewoman from to help those communities get back on main upwardly mobile throughout a California, a member of the Rules Com- their feet. Now more than ever, the Trade Ad- lifetime. mittee, Ms. MATSUI. As I said, Mr. MCCRERY and Mr. Ms. MATSUI. I thank the gentleman justment Assistance Program is needed MCKEON have crafted a very thoughtful from Vermont for yielding me time. to position our workforce and economy substitute that would work to accom- Madam Speaker, I rise today in at the forefront of an increasingly plish just that. It would integrate strong support of the rule and the un- global economy. This bill moves us for- trade adjustment assistance into other derlying legislation, the Trade and ward in the right direction. Federal worker programs so that we Globalization Assistance Act of 2007. Madam Speaker, Congress needs to can help all workers facing tough times I want to congratulate Chairman be a partner to the communities in to get the training they need to remain RANGEL and members of the Ways and which we serve. This bill lays the competitive. Let me say again, we are Means Committee on bringing this bill groundwork for that. The Trade and very, very committed to ensuring that before us. Globalization Assistance Act of 2007 those workers who are facing tough In 1962, Congress and President Ken- represents a big step in the right direc- times because of displacement that has nedy created the Trade Adjustment As- tion. come about due to trade agreements, sistance Program to protect American Mr. DREIER. Madam Speaker, I’d that their concerns and their needs are workers and communities adversely like to reserve the balance of my time, addressed. impacted by international trade. if I might.

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.016 H31OCPT1 cnoel on PRODPC60 with HOUSE H12248 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Mr. WELCH of Vermont. Madam being felt in places like Lorain and The high-tech, the high-quality, high- Speaker, I yield 5 minutes to the gen- Akron and in districts across this paying jobs have not come back to my tlewoman from Ohio (Ms. SUTTON), a country, we’ll need more and more district. We have only seen the grave member of the Rules Committee. TAA programs every year as more and loss of jobs. Ms. SUTTON. Madam Speaker, I sup- more American workers are let down Over the last 30 years, my upstate port the TAA reauthorization and ap- by a broken and mismanaged system. New York district has been devastated preciate the important improvements Madam Speaker, all the good inten- by job loss. The fact is that since 1974, this legislation makes in the program. tions and helpful programs in TAA can- employees of businesses in my district But, unfortunately, there’s a larger not disguise the fact that we’re going have applied for trade adjustment as- problem at work, and TAA only ad- about things backwards. We should sistance 227 times. dresses the symptoms, not the cause. start with American workers and com- This is a list of some of the compa- So-called free trade has been any- munities, and end with multinational nies that have applied. They’re compa- thing but free. Our current trade poli- corporations, not the other way nies like Utica Cutlery, Chicago Pneu- cies have been devastating for commu- around. We must make sure that our matic, Oneida Ltd., General Electric, nities in northeast Ohio and across this trade policies do not leave our busi- IBM, Smith Corona, Burrows Pack- Nation. One only has to look at our nesses and workers at an unfair dis- aging. These were keystone companies record trade deficit and this growing advantage or provide incentives to in upstate New York economy, and in TAA program to see this reality. move jobs offshore. most cases, these companies ended up Madam Speaker, people across this Many displaced workers have been closing their doors. country know that our trading system turned away from TAA in Ohio in the It’s important to look at commercial is broken. The fact is TAA became nec- past, due to chronic underfunding and air travel in our district and how that’s essary because this country kept enter- complex eligibility rules and require- been affected by the loss of business as ing into unfair and harmful trade ments. And for others it’s been very a result of trade. In our district, the agreements that cost American work- difficult finding new good-paying jobs Syracuse Airport during the 1970s serv- ers their jobs and hurt businesses and to support their families. In Ohio, only iced about 1.6 million flights a year. communities. 65 percent of workers laid off between The Oneida County Airport, 750,000 While reauthorizing and improving 2003 and 2005 had found new jobs by flights a year. Today the Syracuse Air- the TAA program is important, what 2006, and only two-thirds of those jobs port has 1.2 million flights, and the our working families really need are were remotely of similar pay. Oneida County Airport is closed. That’s trade policies that do not jeopardize And while the improved funding and well over a million flights a year that American jobs in the first place. expansions provided by this bill are used to fly out of central New York In just the last 7 years, we’ve lost welcome and certainly overdue, the that no longer do. The reason? The loss more than 3 million manufacturing most important message we should of jobs, the loss of business, and the jobs in this country, and more than take away from this TAA reauthoriza- loss of people. 200,000 in Ohio alone. Some estimates tion is the fact that it recognizes how The drastic loss of business and slow attribute more than 50,000 of Ohio’s job much damage has been caused by our recovery creates a dilemma that the losses directly to NAFTA. And we’ve broken trade policies. Trade and Globalization Assistance Act seen the consequence of this job loss in We should reauthorize this program, seeks to address. Most notably, the leg- the record numbers of families in fore- and I certainly appreciate the improve- islation provides for creation of 24 closure, and in families falling off of ments in the bill. But as I said earlier, manufacturing redevelopment zones to the health care rolls, and families sus- TAA only addresses the symptoms, not encourage the redevelopment of com- taining benefits going out the window. the cause. munities that have suffered substantial These are families full of proud, hard- We know what the problems are, and decline in their manufacturing base. working Americans who have had their American workers and businesses are The legislation also doubles the futures and opportunities undercut by facing them every day. It is time for amount of training funds from $200 mil- our trade policies. It doesn’t have to be this Congress to step up and recognize lion to $440 million, so that workers el- that way. This country owes these the reality that millions of Americans igible for TAA training are no longer workers the kind of assistance TAA are facing these issues due to our bro- turned away because the program has aims to offer, because we must remem- ken trade policies and finally take real been inadequately funded. ber that very often it was our Nation’s and effective action. Madam Speaker, we have to be real- broken policies that set in motion the Mr. DREIER. Madam Speaker, I’d istic about trade and we need to em- loss of their jobs. And because of this, like to continue to reserve the balance power our workers with adequate it’s this government’s moral responsi- of my time. training services. The Trade and bility to try and help them land on Mr. WELCH of Vermont. Madam Globalization Assistance Act is not a their feet. Speaker, I yield 4 minutes to the gen- government handout. It’s not wasteful But wouldn’t it have been better if tleman from New York (Mr. ARCURI), a Federal spending. It’s a way to be help- those jobs had never been lost? And member of the Rules Committee. ful to Americans who now need our wouldn’t it be better, Madam Speaker, Mr. ARCURI. Madam Speaker, my help. And after all, isn’t that what gov- to fix our broken policies so that they colleague from the Rules Committee ernment is all about, the ability to no longer allow other countries to en- talked about the fact that the Amer- help people who need it when they need gage in unfair trade tactics that leave ican people would hear sob stories. it? U.S. businesses at a disadvantage and Well, I don’t know if I have a sob story This is a good act, this is a good rule, U.S. workers out of jobs? to tell, but I certainly have a true and it’s a very good bill. It’s a com- This reauthorization bill recognizes story to tell about the people in my monsense plan to address the short- the disastrous consequences that poor- district and how they have been af- term consequences and long-term ef- ly conceived trade agreements such as fected by trade. fects of trade globalization. NAFTA, CAFTA and the proposed I rise today in strong support of the Mr. DREIER. Madam Speaker, I yield Peru, Colombia, Panama and South rule and the Trade Globalization As- myself such time as I may consume. Korean free trade agreements have had sistance Act. Unfortunately, it seems And I would say to my good friend and will continue to have for our man- some of my colleagues only want to from New York that I think he’s taken ufacturing and service industries. focus on the long-term effects of trade out of context my use of the term ‘‘sob Make no mistake. Our policies must and globalization and neglect the story.’’ not just sound good on paper. They short-term consequences. Now, as I said, I am a strong pro- must work for our businesses, our Trade clearly creates an ebb and flow ponent of trade adjustment assistance workers, our farmers, and our commu- of jobs coming and going, and we have and want to do everything that I pos- nities. Indeed, they must work and be been hearing that. The problem in my sibly can to ensure that workers who fair to this country. If this Congress district is, while the jobs have been have been negatively impacted by any does not act on this reality which is going, they have not been coming back. kind of trade agreement are, in fact,

VerDate Aug 31 2005 23:40 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.018 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12249 able to receive the training and the is 11 times greater than the tariff rate nities those people deserve. Because benefits that can help them improve on Colombian products coming into the right now government policies with a their standard of living and their qual- United States. tax and regulatory policy and a lack of ity of life. So, Madam Speaker, what we are opportunity to sell in new markets But, Madam Speaker, when I was saying is we want to create opportuni- around the world, because we have not using the term ‘‘sob story,’’ what I was ties for U.S. workers so that they can proceeded with those trade agreements, talking about is the fact that time and export more. And, yes, if there is some are the things that are jeopardizing the time again we have demands made on displacement, we want to do every- ability for those U.S. workers to find those job creators out there, demands thing that we possibly can to ensure the kind of opportunities they need. made of job creators which undermine that those workers who are negatively With that, Madam Speaker, I reserve their ability to create jobs and oppor- impacted by trade are, in fact, able to the balance of my time. tunities for people so that they can be trained and have the assistance that Mr. WELCH of Vermont. Madam succeed. And then we, unfortunately, they need. Speaker, I have no further requests for are faced with complaints coming from With that, I would like to inquire of time. I will reserve the balance of my those people who are negatively im- the Chair how much time is remaining time until the gentleman has closed for pacted by the demands of policies that on each side. his side and yielded back his time. they have made to increase the regu- The SPEAKER pro tempore. The gen- Mr. DREIER. Madam Speaker, I yield latory burden, to increase the tax bur- tleman from California has 8 minutes. myself the balance of my time. den, which prevents those who are The gentleman from Vermont has 111⁄2 A couple of things. At the outset, struggling to create new opportunities minutes. Madam Speaker, I referred to a state- for U.S. workers from having an oppor- Mr. DREIER. Madam Speaker, I re- ment that was made by my good friend tunity. serve the balance of my time. from Fort Lauderdale on the Rules It looks like my friend would like me Mr. WELCH of Vermont. Madam Committee last night when he said to yield to him. I am happy to yield to Speaker, I yield 1 minute to the gen- that there was only one opportunity in my friend. tleman from New York (Mr. ARCURI). the 109th Congress for an amendment Mr. ARCURI. You talked in your Mr. ARCURI. I would just simply say to be made in order for a Ways and statement about the increase in the that those are fine words and 3.1 per- Means Committee bill when, in fact, we middle class of China, and that’s a cent is wonderful. researched that, as I said, and Mr. wonderful thing. But I’m concerned Mr. DREIER. It’s 3.9. HASTINGS was absolutely wrong when about the middle class here in this Mr. ARCURI. I’m sorry, 3.9 percent. he said it. We have five instances in the country. The problem is that that 3.9 percent 109th Congress where we, in fact, did Mr. DREIER. If I can reclaim my can go to the people who are unem- make in order amendments for Mr. time, Madam Speaker, the point that I ployed and, frankly, do nothing what- RANGEL on the Ways and Means Com- try to make on trade is that it is a win- soever for them because they are out of mittee for the consideration of meas- win. As I said in my statement, we work as a result of loss of jobs, the peo- ures. have just this morning gotten the news ple in upstate New York, the people in Also stated last night, unfortunately, of a 3.9 percent Gross Domestic Prod- Ohio, the people in the Northeast who our friend from Worcester (Mr. MCGOV- uct growth rate, annualized, which is have lost their jobs as a result of trade. ERN) made a statement that all trade the largest growth rate that we’ve had You can talk about what the percent- adjustment assistance measures have in a year and a half. ages are and how much the GDP grew, been considered under suspension or Now, I recognize that we have prob- but the fact of the matter is they have closed rules. There was an item that lems out there with the subprime mar- lost their job and they are out of work. was considered under suspension. As I ket. We have lots of difficulties with Today we are here to help those people said, if it’s considered under suspension which we’re trying to contend. I think it’s very important, Madam that have lost their job by supporting and passed, it means that there is Speaker, for us to note that as we deal this rule and by passing this bill be- clearly a strong bipartisan consensus with these problems they are not trade cause this will help them in the short because, as our colleagues know, related. They are not trade related. In term to make it until they find new Madam Speaker, one is required to fact, the standard of living, quality of employment. have a two-thirds vote to make that life, 3.9 percent GDP growth rate that Mr. DREIER. Madam Speaker, will happen. But there was another bill that dealt we’re enjoying is due to the fact that the gentleman yield? with this issue. It was H.R. 3090, the we are in the midst of prying open new Mr. ARCURI. I yield to the gen- Job Creation and Worker Assistance markets for U.S. workers so that they tleman from California. Act of 2002, and it was considered under can sell to them. Mr. DREIER. I thank my friend for As I said in the Rules Committee last yielding. a structured or modified closed rule in night, Madam Speaker, 96 percent, 96 Madam Speaker, I will say I com- the 107th Congress and it provided percent of the world’s consumers are pletely concur with my friend on the then-Ranking Member RANGEL with an outside of our borders. The world has need for us to ensure that those who amendment in the nature of a sub- access to our consumer market. The are negatively impacted by trade are, stitute. So I just think it’s important world can sell to the consumers in New in fact, benefited. for us to make clear that we, in fact, York, in California, and in other States The SPEAKER pro tempore. The did provide those kinds of opportuni- as well. That has helped improve the time of the gentleman from New York ties. Madam Speaker, as I said, I was pre- quality of life and the standard of liv- has expired. pared to support this rule. I do believe ing for the American people. And so as Mr. DREIER. Madam Speaker, I yield that it is a monumental accomplish- that has happened, we have access to myself such time as I may consume. ment that, as we have gotten to Octo- our market, but unfortunately, those The point that I am trying to make ber 31, Halloween, we are for the first other markets around the world are is that people who are impacted on a time seeing a substitute made in order not as open as ours. wide range of other factors that are not What is it that these agreements do trade related are not those who should for the ranking member of the Ways that have been negotiated with Peru, be directly benefiting from this. and Means Committee, and I congratu- Panama, Colombia and South Korea, We need to look at ourselves, what it late the Democratic majority, after and I hope, Madam Speaker, that we is that we as a Nation can do to ensure having made this promise in January can do many more of these agreements. that those individuals about whom my in a New Direction for America, that What they do is they pry open their good friend has just spoken, who are great document put forward by Speak- markets for U.S. goods and services. laid off and are looking for new oppor- er PELOSI in which the promise was tunities and want to have an oppor- made that amendments, open, full, fair b 1115 tunity to succeed, we need to look at debate, including a substitute, and it For example, in Colombia, the tariff what policies we can pursue in ensur- has taken us until October 31 before rate on U.S. goods going into Colombia ing that we create the kind of opportu- that has happened, but I celebrate,

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.019 H31OCPT1 cnoel on PRODPC60 with HOUSE H12250 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Madam Speaker, the fact that we have The SPEAKER pro tempore. Is there Are we going to include all Americans finally gotten to this point. That was objection to the request of the gen- in the benefits of a rising economy, or what was going to lead me to be sup- tleman from California? are we going to pursue policies that portive of this rule. There was no objection. allow for the intensification of that But then I picked up the Roll Call Mr. DREIER. Madam Speaker, we are widening gap between the very wealthy newspaper, one of our affectionately here discussing trade adjustment as- and everyone else? called ‘‘rags’’ on Capitol Hill here. On sistance, and it is designed to ensure Our party has made a commitment to page 3 I looked, and I have a printout that, we as an institution, will have an the basic proposition of democratic of it right here, the article goes opportunity to, as I said earlier, open fairness that requires everyone to have through a press conference that the up those very important markets an opportunity to participate in the majority leader held yesterday and a around the world. They’re all rel- benefits of a rising and strengthening statement by the very distinguished atively small, and the United States of economy. And that hasn’t happened. Chair of our committee, the gentle- America has a $13.3 trillion economy, But what we have done with the legis- woman from Rochester (Ms. SLAUGH- the largest economy the world has ever lation we have brought before this TER), in which she said the following: known. We have lots of things that are House is essentially tried to build that ‘‘Nothing is imminent. We want to trade-related that are beneficial to the foundation of fairness and provide a take our time and do it right.’’ United States of America. First and new direction on our economic agenda, Madam Speaker, what she is refer- foremost is our national security. I one that includes all Americans. ring to is this quest that was launched think it is critical for us to proceed Let me just give, Madam Speaker, a by the Democratic majority to under- with passage of the Panama, Peru and few examples. We raised the minimum wage, something that hadn’t been done mine the minority’s right to offer a Colombia free trade agreements for the in over 10 years. We had people work- motion to recommit. Now, again, as I security of this hemisphere. Similarly, ing harder, making less, many of them said earlier, this is all inside baseball, the Korea agreement is very important paying more in taxes because of the So- but the motion to recommit means because we all know about the chal- that nearly half of the American peo- cial Security payroll tax increases lenges that exist on the Korean penin- than at any time in history. In the av- ple, through their elected representa- sula, and engaging in greater economic tives, Democrat or Republican, have a erage families, they found themselves exchanges between and among these working two and three jobs in an effort right to offer a motion to recommit. countries is very important for our Na- There have been some very thought- to pay the light bill, in an effort to pay tion’s security. ful motions to recommit, 21, 22 of them the fuel bill, losing health care. At the same time, Madam Speaker, it We increased access to college edu- that have succeeded in this Congress. is important that we do what we can to Madam Speaker, we are in the minor- cation by taking a free ride away from ensure that we have the very impor- ity. They would not have succeeded the international banks that were lit- tant trade adjustment assistance for had we not seen a large number of erally getting a taxpayer guarantee in those Americans who are negatively Democrats join, and in a number of subsidized profits and gave that benefit impacted by trade. to students so that their student loans cases they have been passed nearly With that, I am going to urge a ‘‘no’’ unanimously on recorded votes. So now were cut in half in the interest rate, vote on the previous question. And if with what are described as simply po- from 6.8 to 3.4. We passed the child by chance the previous question pro- litical moves, which are, interestingly health care, which extends benefits to ceeds, I am going to urge a ‘‘no’’ vote enough, very thoughtful proposals that working families, basically, to 10 mil- on this rule because of the kinds of have been propounded by the Members lion children throughout this country, things that the new majority is trying of the minority, we are being told that something our kids need. to do to undermine the rights of nearly once again the majority is looking to b 1130 half the American people. deny nearly half the American people With that, I yield back the balance of And these are oftentimes the chil- the right to be heard on one single in- my time. dren of the working poor. These are stance. So for that reason, I am going Mr. WELCH of Vermont. I thank the folks working hard. They would rather to encourage my colleagues to vote gentleman from California, my good not have to have any help, but they ‘‘no’’ on the rule. friend and colleague on the Rules Com- can’t afford health care. We passed pre- I am going to ask Members also to scription drug price negotiation. In- oppose the previous question on the mittee, for his kind words and his usual vigorous argument for the point stead of giving away guaranteed legis- rule so that I can amend the rule to lated profits to the drug companies, allow the House to go to conference of view represented on his side. A couple of things. One, this is a good we, in the House, it’s languishing in with the Senate on the Military Con- the other body, required price negotia- struction and Veterans Affairs appro- opportunity for the House to have a full and fair debate on the substance of tion so that we can get the benefit of priations bill, which passed this House lower prices that we’re entitled to be- with overwhelming bipartisan support. this legislation and on the substitute. We will have that debate, we will have cause of bulk purchasing. There have been reports that the ma- We passed many provisions that are the vote, and we’ll see which side pre- jority leadership is planning on playing going to strengthen our small busi- vails. So I am delighted that all Mem- a political game with our veterans and nesses across this country because we bers of the House are going to have a our men and women on the front lines know the small business is a job cre- by wrapping the Defense bill and the full and fair opportunity to make their ator. And we stood up to an adminis- Veterans Affairs bill into the Labor, case. tration, at a time when our veterans Health and Human Services bill. Second, before we get to the specific and our soldiers are doing more for this The Military Construction bill could details on what is contained in this country than in recent memory, by have been sent to the President’s desk trade adjustment assistance, there is passing the highest increase in the weeks ago, but the Democratic leader- really a bottom line that has to be ac- budget for veterans in the history of ship was content to play political knowledged and it’s this: that the road the Veterans Administration. games with America’s kids. All we to prosperity has to be built on a foun- The bottom line here is that this have asked this majority to do is to dation of fairness. What has happened Congress, this leadership has made a simply come to the table and I am ask- in this country, despite the economic commitment to a new direction. And ing here today that we oppose the pre- growth of 3.9 percent most recently, the new direction is the old-time val- vious question so that I can make in the highest gross domestic product in ues of making certain that workers, order an amendment that would allow the history of the world, over $13 tril- average families, and communities us to proceed with this. lion, is that average, everyday working that are fully engaged as American I ask unanimous consent that the people are falling farther behind. citizens participate in the benefits of text of the amendment and extraneous We have had the greatest disparity in our economy. material be inserted in the RECORD just wealth in this country since the 1920s, Trade adjustment assistance is one prior to the vote on the previous ques- and there is a fundamental question more brick in that foundation of fair- tion. that we have to answer, and it’s this: ness. We can’t have trade agreements

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.022 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12251 that are tilted so that the benefits are question is defeated, control of debate shifts Kildee Murphy (CT) Shea-Porter not shared and the burdens of disloca- to the leading opposition member (usually Kilpatrick Murphy, Patrick Sherman Kind Murtha Shuler tion are not shared. the minority Floor Manager) who then man- ages an hour of debate and may offer a ger- Klein (FL) Nadler Sires So, Madam Speaker, I urge a ‘‘yes’’ Kucinich Napolitano Skelton mane amendment to the pending business.’’ vote on the previous question on the Langevin Neal (MA) Slaughter Deschler’s Procedure in the U.S. House of rule. Lantos Oberstar Smith (WA) Representatives, the subchapter titled Larsen (WA) Obey Snyder The material previously referred to ‘‘Amending Special Rules’’ states: ‘‘a refusal Larson (CT) Olver Solis by Mr. DREIER is as follows: to order the previous question on such a rule Lee Ortiz Space AMENDMENT TO H. RES. 781 OFFERED BY MR. [a special rule reported from the Committee Levin Pallone Spratt Lewis (GA) Pascrell DRIER OF CALIFORNIA Stark on Rules] opens the resolution to amend- Lipinski Pastor ment and further debate.’’ (Chapter 21, sec- Stupak At the end of the resolution, add the fol- Loebsack Payne Sutton tion 21.2) Section 21.3 continues: Upon rejec- lowing: Lofgren, Zoe Perlmutter Tanner SEC. 3. The House disagrees to the Senate tion of the motion for the previous question Lowey Peterson (MN) Tauscher amendment to the bill, H.R. 2642, making ap- on a resolution reported from the Committee Lynch Pomeroy Taylor Mahoney (FL) Price (NC) propriations for military construction, the on Rules, control shifts to the Member lead- Thompson (CA) Maloney (NY) Rahall Department of Veterans Affairs, and related ing the opposition to the previous question, Thompson (MS) Markey Rangel Tierney agencies for the fiscal year ending Sep- who may offer a proper amendment or mo- Marshall Reyes Towns tember 30, 2008, and for other purposes, and tion and who controls the time for debate Matheson Richardson Tsongas agrees to the conference requested by the thereon.’’ Matsui Rodriguez Senate thereon. The Speaker shall appoint Clearly, the vote on the previous question McCarthy (NY) Ross Udall (CO) McCollum (MN) Rothman Udall (NM) conferees immediately, but may declare a re- on a rule does have substantive policy impli- ´ McDermott Roybal-Allard Velazquez cess under clause 12(a) of rule I for the pur- cations. It is one of the only available tools Visclosky pose of consulting the Minority Leader prior for those who oppose the Democratic major- McGovern Ruppersberger McIntyre Rush Walz (MN) to such appointment. The motion to instruct ity’s agenda and allows those with alter- McNerney Ryan (OH) Wasserman conferees otherwise in order pending the ap- native views the opportunity to offer an al- McNulty Salazar Schultz pointment of conferees instead shall be in ternative plan. Meek (FL) Sa´ nchez, Linda Waters Watson order only at a time designated by the Mr. WELCH of Vermont. Madam Meeks (NY) T. Speaker in the legislative schedule within Melancon Sanchez, Loretta Watt two additional legislative days after adop- Speaker, I yield back the balance of Michaud Sarbanes Waxman Weiner tion of this resolution. my time, and I move the previous ques- Miller (NC) Schakowsky tion on the resolution. Miller, George Schwartz Welch (VT) Mitchell Scott (GA) Wexler (The information contained herein was The SPEAKER pro tempore (Mrs. Mollohan Scott (VA) Woolsey provided by Democratic Minority on mul- TAUSCHER). The question is on ordering Moore (KS) Serrano Wu tiple occasions throughout the 109th Con- the previous question. Moore (WI) Sestak Wynn Moran (VA) Shadegg Yarmuth gress.) The question was taken; and the THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that NAYS—190 IT REALLY MEANS the ayes appeared to have it. This vote, the vote on whether to order the Aderholt Ferguson Marchant previous question on a special rule, is not Mr. DREIER. Madam Speaker, on Akin Flake McCarthy (CA) that I demand the yeas and nays. Bachus Forbes McCaul (TX) merely a procedural vote. A vote against or- Baker Fossella McCotter dering the previous question is a vote The yeas and nays were ordered. Barrett (SC) Foxx McCrery against the Democratic majority agenda and The SPEAKER pro tempore. Pursu- Barrow Franks (AZ) McHenry a vote to allow the opposition, at least for ant to clause 8 and clause 9 of rule XX, Bartlett (MD) Frelinghuysen McHugh the moment, to offer an alternative plan. It Barton (TX) Gallegly McKeon this 15-minute vote on ordering the Biggert Garrett (NJ) McMorris is a vote about what the House should be de- previous question will be followed by 5- bating. Bilbray Gerlach Rodgers Mr. Clarence Cannon’s Precedents of the minute votes on adoption of H. Res. Bilirakis Gilchrest Mica 781, if ordered, and approval of the Bishop (UT) Gingrey Miller (FL) House of Representatives, (VI, 308–311) de- Blunt Gohmert Miller (MI) scribes the vote on the previous question on Journal. Boehner Goode Miller, Gary the rule as ‘‘a motion to direct or control the The vote was taken by electronic de- Bonner Goodlatte Moran (KS) consideration of the subject before the House vice, and there were—yeas 224, nays Bono Granger Murphy, Tim being made by the Member in charge.’’ To 190, not voting 18, as follows: Boozman Graves Musgrave defeat the previous question is to give the Boustany Hall (TX) Myrick opposition a chance to decide the subject be- [Roll No. 1021] Broun (GA) Hastert Neugebauer Brown (SC) Hastings (WA) Nunes fore the House. Cannon cites the Speaker’s YEAS—224 Brown-Waite, Hayes Pearce ruling of January 13, 1920, to the effect that Abercrombie Cleaver Gonzalez Ginny Heller Pence ‘‘the refusal of the House to sustain the de- Ackerman Clyburn Gordon Buchanan Hensarling Peterson (PA) mand for the previous question passes the Allen Cohen Green, Al Burton (IN) Herger Petri control of the resolution to the opposition’’ Altmire Conyers Green, Gene Buyer Hobson Pickering in order to offer an amendment. On March Andrews Costa Grijalva Calvert Hoekstra Pitts 15, 1909, a member of the majority party of- Arcuri Costello Gutierrez Camp (MI) Hulshof Platts Baca Courtney Hall (NY) Campbell (CA) Hunter Poe fered a rule resolution. The House defeated Baird Cramer Hare Cannon Inglis (SC) Porter the previous question and a member of the Baldwin Crowley Harman Cantor Issa Price (GA) opposition rose to a parliamentary inquiry, Bean Cuellar Hastings (FL) Capito Johnson (IL) Pryce (OH) asking who was entitled to recognition. Becerra Cummings Herseth Sandlin Carter Johnson, Sam Putnam Speaker Joseph G. Cannon (R-Illinois) said: Berkley Davis (AL) Higgins Castle Jones (NC) Radanovich ‘‘The previous question having been refused, Berman Davis (CA) Hill Chabot Jordan Ramstad the gentleman from New York, Mr. Fitz- Berry Davis (IL) Hinchey Coble Keller Regula Bishop (GA) DeFazio Hinojosa Cole (OK) King (IA) Rehberg gerald, who had asked the gentleman to Bishop (NY) DeGette Hirono Conaway King (NY) Reichert yield to him for an amendment, is entitled to Blumenauer Delahunt Hodes Crenshaw Kingston Reynolds the first recognition.’’ Boren DeLauro Holden Culberson Kirk Rogers (AL) Because the vote today may look bad for Boswell Dicks Holt Davis (KY) Kline (MN) Rogers (KY) the Democratic majority they will say ‘‘the Boucher Doggett Honda Davis, David Knollenberg Rogers (MI) vote on the previous question is simply a Boyd (FL) Donnelly Hooley Davis, Tom Kuhl (NY) Rohrabacher vote on whether to proceed to an immediate Boyda (KS) Doyle Hoyer Deal (GA) LaHood Ros-Lehtinen Brady (PA) Edwards Inslee Dent Lamborn Roskam vote on adopting the resolution . . . [and] Braley (IA) Ellison Israel Diaz-Balart, L. Lampson Royce has no substantive legislative or policy im- Brown, Corrine Ellsworth Jackson (IL) Diaz-Balart, M. Latham Ryan (WI) plications whatsoever.’’ But that is not what Butterfield Emanuel Jackson-Lee Doolittle LaTourette Sali they have always said. Listen to the defini- Capps Engel (TX) Drake Lewis (CA) Saxton tion of the previous question used in the Capuano Eshoo Jefferson Dreier Lewis (KY) Schmidt Floor Procedures Manual published by the Cardoza Etheridge Johnson (GA) Duncan Linder Sensenbrenner Rules Committee in the 109th Congress, Carnahan Farr Johnson, E. B. Ehlers LoBiondo Sessions Carney Fattah Jones (OH) Emerson Lucas Shays (page 56). Here’s how the Rules Committee Castor Filner Kagen English (PA) Lungren, Daniel Shimkus described the rule using information from Chandler Frank (MA) Kanjorski Everett E. Shuster Congressional Quarterly’s ‘‘American Con- Clarke Giffords Kaptur Fallin Mack Simpson gressional Dictionary’’: ‘‘If the previous Clay Gillibrand Kennedy Feeney Manzullo Smith (NE)

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.024 H31OCPT1 cnoel on PRODPC60 with HOUSE H12252 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Smith (NJ) Tiberi Whitfield Miller, George Rodriguez Stark NOT VOTING—17 Smith (TX) Turner Wicker Mitchell Ross Stupak Alexander Dingell Schiff Souder Upton Wilson (NM) Mollohan Rothman Sutton Blackburn Fortenberry Stearns Walberg Van Hollen Wilson (SC) Moore (KS) Ruppersberger Tanner Carson Jindal Sullivan Walden (OR) Weldon (FL) Wolf Moore (WI) Rush Tauscher Cooper Paul Tancredo Walsh (NY) Weller Young (AK) Moran (VA) Ryan (OH) Thompson (CA) Cubin Renzi Terry Wamp Wilson (OH) Young (FL) Murphy (CT) Salazar Thompson (MS) Davis, Lincoln Roybal-Allard Thornberry Weldon (FL) Murphy, Patrick Sa´ nchez, Linda Tierney Tiahrt Westmoreland Murtha T. Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NOT VOTING—18 Nadler Sanchez, Loretta Tsongas The SPEAKER pro tempore (during Napolitano Sarbanes Udall (CO) Alexander Cooper Paul the vote). Members are advised there Neal (MA) Schakowsky Udall (NM) Bachmann Cubin Renzi Oberstar Schwartz Vela´ zquez are 2 minutes remaining in this vote. Blackburn Davis, Lincoln Schiff Brady (TX) Dingell Van Hollen Obey Scott (GA) Visclosky b 1203 Burgess Fortenberry Weller Olver Scott (VA) Walz (MN) Carson Jindal Wilson (OH) Ortiz Serrano Wasserman So the resolution was agreed to. Pallone Sestak Schultz The result of the vote was announced b 1154 Pascrell Shea-Porter Waters Pastor Sherman Watson as above recorded. Mr. SESSIONS and Mr. TIBERI Payne Shuler Watt A motion to reconsider was laid on changed their vote from ‘‘yea’’ to Perlmutter Sires Waxman the table. Peterson (MN) Skelton Weiner ‘‘nay.’’ f Mrs. NAPOLITANO and Mr. SMITH Pomeroy Slaughter Welch (VT) Price (NC) Smith (WA) Wexler THE JOURNAL of Washington changed their vote from Rahall Snyder Woolsey ‘‘nay’’ to ‘‘yea.’’ Rangel Solis Wu The SPEAKER pro tempore. Pursu- So the previous question was ordered. Reyes Space Wynn ant to clause 8 of rule XX, the unfin- The result of the vote was announced Richardson Spratt Yarmuth ished business is the question on agree- as above recorded. NOES—193 ing to the Speaker’s approval of the The SPEAKER pro tempore. The Journal. question is on the resolution. Aderholt Garrett (NJ) Neugebauer Akin Gerlach Nunes The question is on the Speaker’s ap- The question was taken; and the Bachmann Gilchrest Pearce proval of the Journal. Speaker pro tempore announced that Bachus Gingrey Pence The question was taken; and the the noes appeared to have it. Baker Gohmert Peterson (PA) Speaker pro tempore announced that Barrett (SC) Goode Petri RECORDED VOTE Bartlett (MD) Goodlatte Pickering the ayes appeared to have it. Mr. WELCH of Vermont. Madam Barton (TX) Granger Pitts Mr. MANZULLO. Madam Speaker, on Speaker, I demand a recorded vote. Biggert Graves Platts that I demand the yeas and nays. A recorded vote was ordered. Bilbray Hall (TX) Poe The yeas and nays were ordered. Bilirakis Hastert The SPEAKER pro tempore. This is a Porter This will be a 5-minute vote. Bishop (UT) Hastings (WA) Price (GA) 5-minute vote. Blunt Hayes Pryce (OH) The vote was taken by electronic de- The vote was taken by electronic de- Boehner Heller Putnam vice, and there were—yeas 222, nays vice, and there were—ayes 222, noes 193, Bonner Hensarling Radanovich 190, answered ‘‘present’’ 2, not voting Bono Herger Ramstad not voting 17, as follows: Boozman Hobson 18, as follows: Regula Boustany Hoekstra [Roll No. 1022] Rehberg [Roll No. 1023] Brady (TX) Hulshof AYES—222 Reichert YEAS—222 Broun (GA) Hunter Reynolds Abercrombie Davis (AL) Israel Brown (SC) Inglis (SC) Abercrombie Davis (IL) Jackson-Lee Rogers (AL) Ackerman Davis (CA) Jackson (IL) Brown-Waite, Issa Ackerman Davis, Tom (TX) Rogers (KY) Allen Davis (IL) Jackson-Lee Ginny Johnson (IL) Allen DeFazio Jefferson Altmire DeFazio (TX) Buchanan Johnson, Sam Rogers (MI) Andrews DeGette Johnson (GA) Andrews DeGette Jefferson Burgess Jones (NC) Rohrabacher Arcuri Delahunt Johnson (IL) Arcuri Delahunt Johnson (GA) Burton (IN) Jordan Ros-Lehtinen Baca DeLauro Johnson, E. B. Baca DeLauro Johnson, E. B. Buyer Keller Roskam Baldwin Dent Jones (OH) Baird Dicks Jones (OH) Calvert King (IA) Royce Bean Dicks Kagen Baldwin Doggett Kagen Camp (MI) King (NY) Ryan (WI) Becerra Dingell Kanjorski Barrow Donnelly Kanjorski Campbell (CA) Kingston Sali Berkley Doggett Kaptur Bean Doyle Kaptur Cannon Kirk Saxton Berman Doyle Kennedy Becerra Edwards Kennedy Cantor Kline (MN) Schmidt Berry Edwards Kildee Berkley Ellison Kildee Capito Knollenberg Sensenbrenner Bishop (GA) Emanuel Kilpatrick Berman Ellsworth Kilpatrick Carter Kuhl (NY) Sessions Bishop (NY) Engel Kind Berry Emanuel Kind Blumenauer Eshoo Kirk Castle LaHood Shadegg Bishop (GA) Engel Klein (FL) Boren Etheridge Klein (FL) Chabot Lamborn Shays Bishop (NY) Eshoo Kucinich Boswell Farr Kucinich Coble Lampson Shimkus Blumenauer Etheridge Langevin Boucher Fattah Kuhl (NY) Cole (OK) Latham Shuster Boren Farr Lantos Boyd (FL) Filner Lampson Conaway LaTourette Boswell Fattah Larsen (WA) Simpson Boyda (KS) Frank (MA) Langevin Crenshaw Boucher Filner Larson (CT) Lewis (CA) Smith (NE) Brady (PA) Gerlach Lantos Boyd (FL) Frank (MA) Lee Culberson Lewis (KY) Smith (NJ) Braley (IA) Gillibrand Larsen (WA) Boyda (KS) Giffords Levin Davis (KY) Linder Smith (TX) Brown, Corrine Gonzalez Larson (CT) Brady (PA) Gillibrand Lewis (GA) Davis, David LoBiondo Souder Buchanan Goode Lee Braley (IA) Gonzalez Lipinski Davis, Tom Lucas Stearns Butterfield Graves Levin Brown, Corrine Gordon Loebsack Deal (GA) Lungren, Daniel Sullivan Capps Green, Al Lewis (GA) Butterfield Green, Al Lofgren, Zoe Dent E. Tancredo Capuano Green, Gene Lipinski Capps Green, Gene Lowey Diaz-Balart, L. Mack Taylor Cardoza Grijalva Loebsack Capuano Grijalva Lynch Diaz-Balart, M. Manzullo Terry Carnahan Gutierrez Lofgren, Zoe Cardoza Gutierrez Mahoney (FL) Doolittle Marchant Thornberry Castle Hall (NY) Lowey Drake McCarthy (CA) Carnahan Hall (NY) Maloney (NY) Tiahrt Castor Hare Lynch Dreier McCaul (TX) Carney Hare Markey Tiberi Chandler Harman Mahoney (FL) Duncan McCotter Castor Harman Marshall Turner Clarke Hastings (FL) Maloney (NY) Ehlers McCrery Chandler Hastings (FL) Matheson Upton Clay Herseth Sandlin Markey Clarke Herseth Sandlin Matsui Emerson McHenry Cleaver Higgins Marshall Walberg Clay Higgins McCarthy (NY) English (PA) McHugh Clyburn Hinchey Matheson Walden (OR) Cleaver Hill McCollum (MN) Everett McKeon Cohen Hinojosa Matsui Walsh (NY) Clyburn Hinchey McDermott Fallin McMorris Conyers Hirono McCarthy (NY) Cohen Hinojosa McGovern Feeney Rodgers Wamp Costa Hodes McCollum (MN) Conyers Hirono McIntyre Ferguson Mica Westmoreland Costello Holden McDermott Costa Hodes McNerney Flake Miller (FL) Whitfield Courtney Holt McGovern Costello Holden McNulty Forbes Miller (MI) Wicker Cramer Honda McIntyre Courtney Holt Meek (FL) Fossella Miller, Gary Wilson (NM) Crowley Hooley McNerney Cramer Honda Meeks (NY) Foxx Moran (KS) Wilson (SC) Cuellar Hoyer McNulty Crowley Hooley Melancon Franks (AZ) Murphy, Tim Wolf Cummings Inslee Meek (FL) Cuellar Hoyer Michaud Frelinghuysen Musgrave Young (AK) Davis (AL) Israel Meeks (NY) Cummings Inslee Miller (NC) Gallegly Myrick Young (FL) Davis (CA) Jackson (IL) Melancon

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.003 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12253 Michaud Ross Stark NOT VOTING—18 TITLE I—TRADE ADJUSTMENT Miller (NC) Rothman Sutton Alexander Davis, Lincoln Paul ASSISTANCE FOR WORKERS Miller, George Roybal-Allard Tanner Baird Ellison Renzi Mollohan Ruppersberger Tauscher Subtitle A—Trade Adjustment Assistance for Blackburn Hill Schiff Moore (KS) Rush Taylor Service Sector Workers; Expansion of Cov- Carson Jindal Van Hollen Moore (WI) Ryan (OH) Thompson (MS) ered Shifts in Production; Expansion of Cooper McCaul (TX) Weller Moran (VA) Salazar Tierney Downstream Secondary Worker Eligibility Cubin Neal (MA) Wilson (OH) Murphy (CT) Sa´ nchez, Linda Towns Sec. 101. Extension of trade adjustment as- Murphy, Patrick T. Tsongas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sistance to services sector; Murtha Sanchez, Loretta Udall (NM) Nadler Sarbanes Vela´ zquez The SPEAKER pro tempore (during shifts in production. Napolitano Schakowsky Visclosky the vote). Members are advised 2 min- Sec. 102. Determinations by Secretary of Oberstar Schwartz Walberg utes remain in this vote. Labor. Obey Scott (GA) Walz (MN) Sec. 103. Monitoring and reporting relating Olver Scott (VA) Wasserman b 1211 to service sector. Ortiz Serrano Schultz Subtitle B—Industry-Wide Trade Adjustment Pallone Sestak Waters So the Journal was approved. Assistance Pascrell Shea-Porter Watson The result of the vote was announced Pastor Sherman Watt as above recorded. Sec. 111. Industry-wide determinations. Payne Shuster Waxman Sec. 112. Notifications regarding affirmative Perlmutter Sires Weiner f determinations and safeguards. Pomeroy Skelton Welch (VT) Sec. 113. Notification to Secretary of Com- Price (NC) Slaughter Wexler REMOVAL OF NAME OF MEMBER merce. Rahall Smith (WA) Wilson (NM) Sec. 114. Restriction on eligibility for pro- Rangel Snyder Woolsey AS COSPONSOR OF H. RES. 106 gram benefits. Reyes Solis Wu ˜ Richardson Space Wynn Mr. FORTUNO. Madam Speaker, I Subtitle C—Program Benefits Rodriguez Spratt Yarmuth ask unanimous consent to withdraw Sec. 121. Qualifying requirements for work- my cosponsorship of H. Res. 106. ers. NAYS—190 The SPEAKER pro tempore. Is there Sec. 122. Weekly amounts. Aderholt Franks (AZ) Pearce objection to the request of the gen- Sec. 123. Limitations on trade readjustment Akin Frelinghuysen Pence tleman from Puerto Rico? allowances; allowances for ex- Altmire Gallegly Peterson (MN) tended training and breaks in Bachmann Garrett (NJ) Peterson (PA) There was no objection. Bachus Giffords training. Petri Sec. 124. Special rules for calculation of eli- Baker Gilchrest Pickering f Barrett (SC) Gingrey Pitts gibility period. Barrow Goodlatte Platts MESSAGE FROM THE SENATE Sec. 125. Application of State laws and regu- Bartlett (MD) Gordon lations on good cause for waiv- Poe A message from the Senate by Ms. Barton (TX) Granger Porter er of time limits or late filing Biggert Hall (TX) Price (GA) Curtis, one of its clerks, announced of claims. Bilbray Hastert Pryce (OH) that the Senate has passed bills of the Sec. 126. Employment and case management Bilirakis Hastings (WA) Putnam Bishop (UT) Hayes following titles in which the concur- services. Radanovich Blunt Heller rence of the House is requested: Sec. 127. Training. Boehner Hensarling Ramstad Sec. 128. Prerequisite education; approved Regula S. 294. An act to reauthorize Amtrak, and Bonner Herger for other purposes. training programs. Bono Hobson Rehberg S. 2198. An act to require the Architect of Sec. 129. Eligibility for unemployment in- Boozman Hoekstra Reichert surance and program benefits Boustany Hulshof Reynolds the Capitol to permit the acknowledgement Rogers (AL) of God on flag certificates. while in training. Brady (TX) Hunter Sec. 130. Administrative expenses and em- Broun (GA) Inglis (SC) Rogers (KY) S. 2265. An act to extend the existing provi- Brown (SC) Issa Rogers (MI) sions regarding the eligibility for essential ployment and case management Brown-Waite, Johnson, Sam Rohrabacher air service subsidies through fiscal year 2008. services. Ginny Jones (NC) Ros-Lehtinen Sec. 131. Job search and relocation allow- Burgess Jordan Roskam The message also announced that ances. Burton (IN) Keller Royce pursuant to section 2(b) of Public Law Subtitle D—Health Care Provisions Buyer King (IA) Ryan (WI) 98–183, as amended by Public Law 103– Calvert King (NY) Sali Sec. 141. Modifications relating health in- Camp (MI) Kingston Saxton 419, the Chair, on behalf of the Presi- surance assistance for certain Campbell (CA) Kline (MN) Schmidt dent pro tempore and upon the rec- TAA and PBGC pension recipi- Cannon Knollenberg Sensenbrenner ommendation of the Republican Lead- ents. Cantor LaHood Sessions er, appoints Gail Heriot, of California, Capito Lamborn Shadegg Subtitle E—Wage Insurance Carney Latham Shays to the United States Commission on Sec. 151. Reemployment trade adjustment Carter LaTourette Shimkus Civil Rights, for a term of six years. assistance program for older Chabot Lewis (CA) Shuler workers. Coble Lewis (KY) Simpson f Cole (OK) Linder Smith (NE) Subtitle F—Other Matters Conaway LoBiondo Smith (NJ) TRADE AND GLOBALIZATION Sec. 161. Agreements with States. Crenshaw Lucas Smith (TX) ASSISTANCE ACT OF 2007 Sec. 162. Fraud and recovery of overpay- Culberson Lungren, Daniel Souder ments. Davis (KY) E. Stearns Mr. RANGEL. Mr. Speaker, pursuant Davis, David Mack Sec. 163. Technical amendments. Stupak Deal (GA) Manzullo to H. Res. 781, I call up the bill (H.R. Sec. 164. Office of Trade Adjustment Assist- Sullivan Diaz-Balart, L. Marchant 3920) to amend the Trade Act of 1974 to ance; Deputy Assistant Sec- Terry Diaz-Balart, M. McCarthy (CA) Thompson (CA) reauthorize trade adjustment assist- retary for Trade Adjustment Donnelly McCotter Thornberry ance, to extend trade adjustment as- Assistance. Doolittle McCrery Tiahrt sistance to service workers and firms, Sec. 165. Collection of data and reports; in- Drake McHenry formation to workers. Dreier McHugh Tiberi and for other purposes, and ask for its Turner Sec. 166. Extension of TAA program. Duncan McKeon immediate consideration in the House. Ehlers McMorris Udall (CO) Sec. 167. Judicial review. Ellsworth Rodgers Upton The Clerk read the title of the bill. Sec. 168. Liberal construction of certifi- Emerson Mica Walden (OR) The text of the bill is as follows: cation of workers and firms. Walsh (NY) English (PA) Miller (FL) H.R. 3920 TITLE II—TRADE ADJUSTMENT Everett Miller (MI) Wamp Fallin Miller, Gary Weldon (FL) Be it enacted by the Senate and House of Rep- ASSISTANCE FOR FIRMS Feeney Mitchell Westmoreland resentatives of the United States of America in Sec. 201. Trade adjustment assistance for Ferguson Moran (KS) Whitfield Congress assembled, firms. Wicker Flake Murphy, Tim SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 202. Extension of authorization of trade Forbes Musgrave Wilson (SC) adjustment assistance for Fortenberry Myrick Wolf (a) SHORT TITLE.—This Act may be cited as Fossella Neugebauer Young (AK) the ‘‘Trade and Globalization Act of 2007’’. firms. Foxx Nunes Young (FL) (b) TABLE OF CONTENTS.—The table of con- Sec. 203. Industry-wide programs for the de- tents for this Act is as follows: velopment of new services. ANSWERED ‘‘PRESENT’’—2 Sec. 1. Short title; table of contents. TITLE III—UNEMPLOYMENT INSURANCE Gohmert Tancredo Sec. 2. Findings. Sec. 301. Short title.

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Sec. 302. Special transfers to State accounts (i) by striking ‘‘Secretary’’ and inserting AND ELIGIBILITY.—For purposes of this sec- in the Unemployment Trust ‘‘Secretary of Labor’’; and tion:’’ Fund. (ii) by striking ‘‘or subdivision’’ and insert- (B) in paragraph (3), to read as follows: Sec. 303. Extension of FUTA tax. ing (or subdivision) or public agency (or sub- ‘‘(3) DOWNSTREAM PRODUCER.——The term TITLE IV—MANUFACTURING division); and ‘downstream producer’ means a firm that REDEVELOPMENT ZONES (B) in subparagraph (A), by striking performs additional, value-added production Sec. 401. Manufacturing redevelopment ‘‘firm)’’ and inserting ‘‘firm, and workers in processes or services for a firm or subdivi- zones. a service sector firm or subdivision of a serv- sion, including a firm that performs final as- Sec. 402. Delay in application of worldwide ice sector firm, or public agency)’’; and sembly, finishing, testing, packaging, or interest allocation. (2) in paragraph (3), by inserting ‘‘and on maintenance or transportation services di- SEC. 2. FINDINGS. the Website of the Department of Labor’’ rectly for another firm (or subdivision), for Congress makes the following findings: after ‘‘Federal Register’’. articles or services that were the basis for a (1) Since January 2001, the United States (b) GROUP ELIGIBILITY REQUIREMENTS.— certification of eligibility under subsection economy has lost nearly 3 million jobs in the (1) IN GENERAL.—Subsection (a) of section (a) of a group of workers employed by such manufacturing sector alone. 222 of the Trade Act of 1974 (19 U.S.C. 2272) is other firm (or subdivision).’’; (2) Today, over 7.1 million people in the amended— (C) in paragraph (4)— United States are unemployed, and nearly 1.2 (A) in the matter preceding paragraph (1), (i) by striking ‘‘for articles’’ and inserting million of those individuals have been unem- by striking ‘‘(including workers in any agri- ‘‘, or services, used in the production of arti- ployed for 6 months or longer. cultural firm or subdivision of an agricul- cles or in the provision of services, as the (3) While the United States manufacturing tural firm)’’ and inserting ‘‘(other than case may be,’’; and sector has been the hardest hit by increased workers in a public agency)’’; (ii) by inserting ‘‘(or subdivision)’’ after unemployment, the United States service (B) in paragraph (2)— ‘‘such other firm’’; and sector has also seen declines as jobs have (i) in subparagraph (A)(ii), by striking (D) by adding at the end the following: moved to low-cost labor markets, such as ‘‘like or directly competitive with articles ‘‘(5) FIRMS IDENTIFIED BY ITC.—A petition China, India, and the Philippines. produced’’ and inserting ‘‘or services like or filed under section 221 covering a group of workers from a firm or appropriate subdivi- (4) Promoting the economic growth and directly competitive with articles produced sion of a firm meets the requirements of sub- competitiveness of the United States re- or services provided’’; and section (a) if the firm is identified by the quires— (ii) by striking subparagraph (B) and in- International Trade Commission under sub- (A) opening substantial new markets for serting the following: section (c), (d), or (e) of section 224.’’. United States goods, services, and farm prod- ‘‘(B)(i) there has been a shift, by such (5) BASIS FOR SECRETARY’S DETERMINA- ucts; workers’ firm or subdivision to a foreign TIONS.—Such section is further amended by (B) building a strong framework of rules country, of production of articles, or in pro- adding at the end the following: for international trade to level the playing vision of services, like or directly competi- ‘‘(e) BASIS FOR SECRETARY’S DETERMINA- field for United States workers and busi- tive with articles that are produced, or serv- TIONS.— nesses in all sectors of the economy; and ices that are provided, by such firm or sub- ‘‘(1) INCREASED IMPORTS OF SERVICES.—For (C) helping those affected by globalization division; or purposes of subsection (a)(2)(A)(ii), the Sec- overcome its challenges and succeed. ‘‘(ii) such workers’ firm or subdivision has retary may determine that increased im- (5) Congress created the trade adjustment obtained or is likely to obtain articles or ports of like or directly competitive services assistance program in 1962 to provide United services described in clause (i) from a foreign exist if the customers of the workers’ firm or States workers who lose their jobs because of country.’’. subdivision accounting for not less than 20 foreign competition with government-funded (2) WORKERS IN PUBLIC AGENCIES.—Such percent of the sales of the workers’ firm or training and associated income support to section is further amended— subdivision (as the case may be) certify to enable such workers to transition to new, (A) by redesignating subsections (b) and (c) the Secretary that such customers are ob- good-paying jobs. as subsections (c) and (d), respectively; and taining such services from a foreign country. (6) Unfortunately, the trade adjustment as- (B) by inserting after subsection (a) the ‘‘(2) SHIFT IN PRODUCTION; OBTAINING ARTI- sistance program has not kept pace with following: CLES OR SERVICES ABROAD.—For purposes of globalization and it is failing to ensure that ‘‘(b) ADVERSELY AFFECTED WORKERS IN subsections (a)(2)(B) and (b)(2), the Secretary all workers adversely affected by trade re- PUBLIC AGENCIES.—A group of workers in a may determine that there has been a shift in ceive the assistance they need and deserve. public agency shall be certified by the Sec- production of articles or provision of serv- (7) Workers in the service sector, who retary as eligible to apply for adjustment as- ices, or that a workers’ firm or public agen- make up approximately 80 percent of the sistance under this chapter pursuant to a pe- cy, or subdivision thereof, has obtained or is United States workforce, are ineligible for tition filed under section 221 if the Secretary likely to obtain like or directly competitive trade adjustment assistance. determines that— articles or services from a foreign country, (8) Inadequate funding for training leaves ‘‘(1) a significant number or proportion of based on a certification thereof from the many dislocated workers without access to the workers in the public agency, or an ap- workers’ firm, public agency, or subdivision the retraining they need to find good-paying propriate subdivision of the public agency, (as the case may be). jobs. have become totally or partially separated, ‘‘(3) PROCESS AND METHODS FOR OBTAINING (9) Unnecessary, unduly burdensome, and or are threatened to become totally or par- CERTIFICATIONS.— confusing program eligibility rules prevent tially separated; and ‘‘(A) REQUEST BY PETITIONER.—If requested workers from gaining access to benefits for ‘‘(2) the public agency or subdivision has by the petitioner, the Secretary shall obtain which they are eligible. obtained or is likely to obtain from a foreign the certifications under paragraphs (1) and (10) The health coverage tax credit suffers country services that would otherwise be (2) in such manner as the Secretary deter- from fundamental flaws and, as a result, the provided by such agency or subdivision.’’. mines is appropriate, including by issuing credit is not being used by the vast majority (3) ADVERSELY AFFECTED SECONDARY WORK- subpoenas under section 249 when necessary. of people who are eligible for it, despite a ERS.—Subsection (c) of such section (as re- ‘‘(B) PROTECTION OF CONFIDENTIAL INFORMA- clear need for access to affordable health designated by paragraph (2)(A) of this sub- TION.—The Secretary may not release infor- care. section) is amended— mation obtained under subparagraph (A) (11) To meet the challenges posed by (A) in the matter preceding paragraph (1), that the Secretary considers to be confiden- globalization and to preserve the critical by striking ‘‘agricultural firm)’’ and insert- tial business information unless the party role that United States workers play in pro- ing ‘‘agricultural firm, and workers in a submitting the confidential business infor- moting the strength and prosperity of the service sector firm or subdivision of a service mation had notice, at the time of submis- United States, the trade adjustment assist- sector firm)’’; sion, that such information would be re- ance program must be reformed. (B) in paragraph (2)— leased by the Secretary, or such party subse- TITLE I—TRADE ADJUSTMENT (i) by inserting ‘‘or service’’ after ‘‘related quently consents to the release of the infor- ASSISTANCE FOR WORKERS to the article’’; and mation. Nothing in this subparagraph shall Subtitle A—Trade Adjustment Assistance for (ii) by striking ‘‘(c)(3)’’ and inserting be construed to prohibit a court from requir- Service Sector Workers; Expansion of Cov- ‘‘(d)(3)’’; and ing the submission of such confidential busi- ered Shifts in Production; Expansion of (C) in paragraph (3)(A), by striking ‘‘it sup- ness information to the court in camera.’’. Downstream Secondary Worker Eligibility plied to the firm (or subdivision)’’ and insert- (c) DEFINITIONS.—Section 247 of the Trade SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- ing ‘‘or services it supplied to the firm (or Act of 1974 (19 U.S.C. 2319) is amended— SISTANCE TO SERVICES SECTOR; subdivision)’’. (1) in the matter preceding paragraph (1), SHIFTS IN PRODUCTION. (4) DEFINITIONS AND ELIGIBILITY.—Sub- by striking ‘‘chapter—’’ and inserting ‘‘chap- (a) PETITIONS.—Section 221(a) of the Trade section (d) of such section (as redesignated ter:’’; Act of 1974 (19 U.S.C. 2271(a)(1)) is amended— by paragraph (2)(A) of this subsection) is (2) in paragraph (1)— (1) in paragraph (1)— amended— (A) by inserting ‘‘, or employment in a (A) in the matter preceding subparagraph (A) by striking ‘‘(d) For purposes of this public agency or appropriate subdivision of a (A)— section—’’ and inserting ‘‘(d) DEFINITIONS public agency,’’ after ‘‘of a firm’’; and

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(B) by striking ‘‘such firm or subdivision’’ Subtitle B—Industry-Wide Trade Adjustment ‘‘(3) PUBLICATION.—Upon making a deter- inserting ‘‘such firm (or subdivision) or pub- Assistance mination under subsection (b), the Secretary lic agency (or subdivision)’’; SEC. 111. INDUSTRY-WIDE DETERMINATIONS. shall promptly publish a summary of the de- (3) in paragraph (2), by striking ‘‘employ- (a) IN GENERAL.—Subchapter A of chapter 2 termination in the Federal Register and on ment—’’ and all that follows and inserting of title II of the Trade Act of 1974 (19 U.S.C. the Website of the Department of Labor, to- ‘‘employment has been totally or partially 2271 et seq.) is amended by adding after sec- gether with the reasons for making such de- separated from such employment.’’; tion 223 the following: termination. (4) by redesignating paragraphs (8) through ‘‘SEC. 223A. INDUSTRY-WIDE DETERMINATIONS. ‘‘(4) TERMINATION.—Whenever the Sec- (17) as paragraphs (10) through (19), respec- retary determines that a certification under ‘‘(a) INVESTIGATION.—Upon the request of tively; and the President or the United States Trade paragraph (1) is no longer warranted, the (5) by inserting after paragraph (6) the fol- Representative, or the resolution of either Secretary shall terminate the certification lowing: the Committee on Finance of the Senate or and promptly have notice of the termination ‘‘(7) The term ‘public agency’ means a de- the Committee on Ways and Means of the published in the Federal Register and on the partment or agency of a State or local gov- House of Representatives, with respect to a Website of the Department of Labor, to- ernment or of the Federal Government. domestic industry, or if the Secretary cer- gether with the reasons for making such de- ‘‘(8) The term ‘service sector firm’ means tifies groups of workers in a domestic indus- termination under this paragraph. Such ter- an entity engaged in the business of pro- try under section 223(a) pursuant to 3 peti- mination shall apply only with respect to viding services. tions within a 180-day period, the Secretary total or partial separations occurring after ‘‘(9) Except as otherwise provided, the term shall promptly initiate an investigation the termination date specified by the Sec- ‘Secretary’ means the Secretary of Labor.’’. under this chapter to determine the eligi- retary. SEC. 102. DETERMINATIONS BY SECRETARY OF bility for adjustment assistance of— ‘‘(d) OUTREACH.—Upon making a certifi- LABOR. ‘‘(1) all workers in that domestic industry; cation under subsection (c)(1) of eligibility for adjustment assistance under this chapter Section 223 of the Trade Act of 1974 (19 or of a group of workers or all workers in a do- U.S.C. 2273) is amended— ‘‘(2) all workers in that domestic industry mestic industry, the Secretary shall notify (1) in subsection (b), by striking ‘‘before in a specific geographic region. each Governor of a State in which the work- his application’’ and all that follows and in- ‘‘(b) DETERMINATION REGARDING INDUSTRY- ers are located of the certification. serting ‘‘before the worker’s application WIDE CERTIFICATION.— under section 231 occurred more than one ‘‘(1) DETERMINATION.—The Secretary shall, ‘‘(e) REGULATIONS.—The Secretary shall, year before the date of the petition on which not later than 60 days after receiving a re- not later than 1 year after the date of the en- such certification was granted.’’; quest or resolution described in subsection actment of the Trade and Globalization Act (2) in subsection (c), by striking ‘‘together (a) with respect to a domestic industry, or of 2007, issue regulations for making deter- with his reasons’’ and inserting ‘‘and on the making the third certification of workers in minations under this section, including cri- Website of the Department of Labor, to- a domestic industry described in subsection teria for making such determinations. The gether with the Secretary’s reasons’’; and (a), as the case may be— Secretary shall develop such regulations in (3) in subsection (d), by striking ‘‘together ‘‘(A) determine whether all adversely af- consultation with the Committee on Ways with his reasons’’ and inserting ‘‘and on the fected workers in that domestic industry are and Means of the House of Representatives Website of the Department of Labor, to- eligible to apply for assistance under this and the Committee on Finance of the Sen- gether with the Secretary’s reasons’’. subchapter, in accordance with the criteria ate, and the Secretary shall submit such reg- established under subsection (e); or ulations to each such committee at least 60 SEC. 103. MONITORING AND REPORTING RELAT- ‘‘(B) determine whether all adversely af- days before the regulations go into effect. ING TO SERVICE SECTOR. fected workers in that domestic industry in ‘‘(f) DOMESTIC INDUSTRY DEFINED.—In this (a) IN GENERAL.—Section 282 of the Trade a specific geographic region are eligible to section, the term ‘domestic industry’ means Act of 1974 (19 U.S.C. 2393) is amended— apply for assistance under this subchapter, an industry in the United States, as that in- (1) in the heading, by striking ‘‘SYSTEM’’ in accordance with the criteria established dustry is defined by the North American In- and inserting ‘‘AND DATA COLLECTION’’; under subsection (e). dustry Classification System.’’. (2) in the first sentence— ‘‘(c) IDENTIFICATION AND CERTIFICATION.— (b) CLERICAL AMENDMENT.—The table of (A) by striking ‘‘The Secretary’’ and in- ‘‘(1) AFFIRMATIVE DETERMINATION.— contents for title II of the Trade Act of 1974 serting ‘‘(a) MONITORING PROGRAMS.—The ‘‘(A) IN GENERAL.—Upon making an affirm- is amended by inserting after the item relat- Secretary’’; ative determination under subsection (b), ing to section 223 the following: (B) by inserting ‘‘and services’’ after ‘‘im- the Secretary shall— ports of articles’’; ‘‘(i) identify all firms operating within the ‘‘Sec. 223A. Industry-wide determinations.’’. (C) by inserting ‘‘and domestic provision of domestic industry described in paragraph (1) (c) CONFORMING AMENDMENTS.—Chapter 2 services’’ after ‘‘domestic production’’; or (2) or subsection (b) that are covered by of title II of the Trade Act of 1974 (19 U.S.C. (D) by inserting ‘‘or providing services’’ the determination; 2271 et seq.) is amended— after ‘‘producing articles’’; and ‘‘(ii) certify all workers of such firms as a (1) in section 225— (E) by inserting ‘‘, or provision of serv- group of workers eligible to apply for assist- (A) in subsection (a), in the last sentence ices,’’ after ‘‘changes in production’’; and ance under this subchapter, without any by inserting ‘‘or 223A’’ after ‘‘223’’; and (3) by adding at the end the following: other determination of whether such group (B) in subsection (b)— ‘‘(b) COLLECTION OF DATA AND REPORTS ON meets the requirements of section 222. (i) in paragraph (1), by striking ‘‘sub- SERVICE SECTOR.— ‘‘(B) OTHER REQUIREMENTS.— chapter A of this chapter’’ and inserting ‘‘(1) SECRETARY OF LABOR.—Not later than ‘‘(i) IN GENERAL.—Each certification under ‘‘this subchapter’’; and 90 days after the date of the enactment of subparagraph (A)(ii) shall specify the date on (ii) in paragraph (2), by striking ‘‘sub- the Trade and Globalization Act of 2007, the which the total or partial separation began chapter A’’ and inserting ‘‘this subchapter’’; Secretary of Labor shall implement a system or threatened to begin, except that— and to collect data on adversely affected workers ‘‘(I) with respect to a request or a resolu- (2) in section 231— employed in the service sector that includes tion under subsection (a), such date may not (A) in subsection (a)— the number of workers by State, industry, be a date that precedes one year before the (i) in the matter preceding paragraph (1), and cause of dislocation of each worker. date on which the Secretary receives the re- by striking ‘‘more than 60 days’’ and all that ‘‘(2) SECRETARY OF COMMERCE.—Not later quest or resolution, as the case may be; and follows through ‘‘section 221’’ and inserting than 1 year after such date of enactment, the ‘‘(II) with respect to the third certification ‘‘on or after the date of such certification’’; Secretary of Commerce shall, in consulta- of workers in a domestic industry described and tion with the Secretary of Labor, conduct a in subsection (a), such date may not be a (ii) in paragraph (1)— study and report to Congress on ways to im- date that precedes one year before the date (I) in subparagraph (B), by inserting ‘‘or prove the timeliness and coverage of data on on which the Secretary certifies the 3d such 223A (as the case may be)’’ after ‘‘223’’; and trade in services, including methods to iden- petition. (II) in subparagraph (C), by inserting ‘‘or tify increased imports due to the relocation ‘‘(ii) INAPPLICABILITY.—A certification 223A(c)(4), as the case may be’’ after ‘‘223(d)’’; of United States firms to foreign countries, under subparagraph (A)(ii) shall not apply to and and increased imports due to United States any worker whose last total or partial sepa- (B) in subsection (b)— firms obtaining services from firms in for- ration from the firm occurred before the ap- (i) by striking paragraph (2); and eign countries.’’. plicable date specified in clause (i). (ii) in paragraph (1)— ‘‘(2) NEGATIVE DETERMINATION.—If the Sec- (I) by striking ‘‘(1)’’; (b) CLERICAL AMENDMENT.—The table of retary makes a negative determination (II) by redesignating subparagraphs (A) and contents for title II of the Trade Act of 1974 under subsection (b), the Secretary shall no- (B) as paragraph (1) and (2), respectively; is amended by striking the item relating to tify the Committee on Ways and Means of (III) by redesignating clauses (i) and (ii) as section 282 and inserting the following: the House of Representatives and the Com- subparagraphs (A) and (B), respectively; and ‘‘Sec. 282. Trade monitoring and data collec- mittee on Finance of the Senate of the rea- (IV) by redesignating subclauses (I) and (II) tion.’’. sons for the Secretary’s determination. as clauses (i) and (ii), respectively.

VerDate Aug 31 2005 02:19 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.009 H31OCPT1 cnoel on PRODPC60 with HOUSE H12256 CONGRESSIONAL RECORD — HOUSE October 31, 2007 SEC. 112. NOTIFICATIONS REGARDING AFFIRMA- ‘‘Sec. 224. Study and notifications regarding er education (as defined in section 101(a) of TIVE DETERMINATIONS AND SAFE- trade remedy determinations.’’. the Higher Education Act of 1965) or equiva- GUARDS. SEC. 113. NOTIFICATION TO SECRETARY OF COM- lent foreign institution, or the possession of (a) IN GENERAL.—Section 224 of the Trade MERCE. an equivalent postgraduate certification in a Act of 1974 (19 U.S.C. 2274) is amended— Section 225 of the Trade Act of 1974 (19 specialized field.’’; and (1) in the heading, by striking ‘‘STUDY BY U.S.C. 2275) is amended by adding at the end (2) in paragraph (3)— SECRETARY OF LABOR WHEN INTER- the following: (A) in subparagraph (A), by striking ‘‘may NATIONAL TRADE COMMISSION BEGINS ‘‘(c) Upon issuing a certification under sec- authorize’’ and inserting ‘‘shall authorize’’; ’’ and inserting ‘‘ INVESTIGATION STUDY tion 223 or 223A, the Secretary shall notify (B) by redesignating subparagraph (B) as AND NOTIFICATIONS REGARDING TRADE the Secretary of Commerce of the identify of subparagraph (C); and ’’; REMEDY DETERMINATIONS the firm or firms that are covered by the cer- (C) by inserting after subparagraph (A) the (2) in subsection (a), by striking ‘‘When- tification.’’. following: ever’’ and inserting ‘‘STUDY OF DOMESTIC IN- SEC. 114. RESTRICTION ON ELIGIBILITY FOR ‘‘(B) DURATION OF WAIVERS.—A waiver DUSTRY.—Whenever’’; PROGRAM BENEFITS. issued under paragraph (1) by a cooperating (3) in subsection (b)— (a) IN GENERAL.—Subchapter A of chapter 2 State shall be effective for not more than 3 (A) by striking ‘‘The report’’ and inserting of title II of the trade Act of 1974 (19 U.S.C. months after the date on which the waiver is ‘‘REPORT BY THE SECRETARY.—The report’’; 2271 et seq.) is amended by adding at the end issued, except that the State, upon reviewing (B) by striking ‘‘his report’’ and inserting the following new section: the waiver, may extend the waiver for an ad- ‘‘the Secretary’s report’’; and ‘‘SEC. 226. RESTRICTION ON ELIGIBILITY FOR ditional period of not more than 3 months if (C) by inserting ‘‘and on the Website of the PROGRAM BENEFITS. the State determines that the waiver should Department of Labor’’ after ‘‘Federal Reg- ‘‘No benefit allowances, training, or other be maintained.’’. ister’’; and employment services may be provided under (c) DETERMINATIONS OF ELIGIBILITY BY (4) by adding at the end the following: this chapter to a worker who is an alien un- STATE EMPLOYEES APPOINTED ON MERIT ‘‘(c) NOTIFICATIONS REGARDING AFFIRMA- less the alien is an individual lawfully ad- BASIS.—Such section 231 is further amended TIVE SAFEGUARD DETERMINATIONS UNDER mitted for permanent residence to the by adding at the end the following: SECTION 202.—Upon issuing an affirmative United States, is lawfully present in the finding regarding serious injury, or the ‘‘(d) DETERMINATIONS OF ELIGIBILITY BY United States, or is permanently residing in threat thereof, to a domestic industry, under STATE EMPLOYEES APPOINTED ON MERIT section 202, the Commission shall notify the the United States under color of law.’’. BASIS.—All determinations of eligibility for (b) CONFORMING AMENDMENT.—The table of Secretary and the Secretary of Commerce of trade readjustment allowances under this contents of the Trade Act of 1974 is amended that finding and the identity of the firms part shall be made by employees of the State which comprise the domestic industry. by adding after the item relating to section who are appointed on a merit basis.’’. ‘‘(d) NOTIFICATIONS REGARDING AFFIRMA- 225 the following: (d) CONFORMING AMENDMENT.—Section 233 TIVE DETERMINATIONS UNDER SECTION 421.— ‘‘226. Restriction on eligibility for program of the Trade Act of 1974 (19 U.S.C. 2293) is Upon issuing an affirmative determination benefits.’’. amended by striking subsection (b) and re- of market disruption, or the threat thereof, Subtitle C—Program Benefits designating subsections (c) through (g) as subsections (b) through (f), respectively. under section 421, the Commission shall no- SEC. 121. QUALIFYING REQUIREMENTS FOR tify the Secretary and the Secretary of Com- WORKERS. SEC. 122. WEEKLY AMOUNTS. merce of that determination and the identity (a) IN GENERAL.—Subsection (a)(5)(A)(ii) of (a) IN GENERAL.—Section 232 of the Trade of the firms which comprise the affected do- section 231 of the Trade Act of 1974 (19 U.S.C. Act of 1974 (19 U.S.C. 2292) is amended— mestic industry. 2291) is amended— (1) in subsection (a)— ‘‘(e) NOTIFICATIONS REGARDING AFFIRMA- (1) by striking subclauses (I) and (II) and (A) by striking ‘‘subsections (b) and (c)’’ TIVE DETERMINATIONS UNDER TARIFF ACT OF inserting the following: and inserting ‘‘subsections (b), (c), and (d)’’; 1930.—Upon issuing a final affirmative deter- (B) by striking ‘‘total unemployment’’ the mination of injury, or the threat thereof, ‘‘(I) in the case of a worker whose most re- first place it appears and inserting ‘‘unem- under section 705 or section 735 of the Tariff cent total separation from adversely affected ployment’’; and Act of 1930 (19 U.S.C. 1671d and 1673d), the employment that meets the requirements of Commission shall notify the Secretary and paragraphs (1) and (2) occurs after the date (C) in paragraph (2), by adding at the end the Secretary of Commerce of that deter- on which the Secretary issues a certification before the period the following: ‘‘, except mination and the identity of the firms which covering the worker, the last day of the 26th that in the case of an adversely affected comprise the affected domestic industry. week after such total separation, worker who is participating in full-time ‘‘(f) NOTIFICATION OF INDUSTRY AND WORKER ‘‘(II) in the case of a worker whose most re- training under this chapter, such income REPRESENTATIVES.—Whenever the Commis- cent total separation from adversely affected shall not include earnings from work for sion makes a notification under subsection employment that meets the requirements of such week that are equal to or less than the (c), (d), or (e)— paragraphs (1) and (2) occurs before the date most recent weekly benefit amount of the ‘‘(1) the Secretary shall— on which the Secretary issues a certification unemployment insurance payable to the ‘‘(A) notify the firms identified by the covering the worker, the last day of the 26th worker for a week of total unemployment Commission as comprising the domestic in- week after the date of such certification,’’; preceding the worker’s first exhaustion of dustry affected, and any certified or recog- and unemployment insurance (as determined for nized union or other duly authorized rep- (2) in subclause (III)— purposes of section 231(a)(3)(B))’’; resentatives of the workers in such industry, (A) by striking ‘‘later of the dates specified (2) by redesignating subsections (b) and (c) of the allowances, training, employment in subclause (I) or (II)’’ and inserting ‘‘date as subsections (c) and (d), respectively; and services, and other benefits available under specified in subclause (I) or (II), as the case (3) by inserting after subsection (a) the fol- this chapter, and the procedures under this may be’’; and lowing: chapter for filing petitions and applying for (B) by striking ‘‘or’’ at the end; ‘‘(b)(1) Notwithstanding section benefits; (3) by redesignating subclause (IV) as sub- 231(a)(3)(B), if an adversely affected worker ‘‘(B) notify the Governor of each State in clause (V); and who is participating in training qualifies for which one or more firms described in sub- (4) by inserting after subclause (III) the fol- unemployment insurance under State law, paragraph (A) are located of the Commis- lowing: based in whole or in part upon part-time or sion’s determination and the identity of the ‘‘(IV) the last day of such period that the short-term employment following approval firms; and Secretary determines appropriate, if the fail- of the worker’s initial trade readjustment al- ‘‘(C) provide the necessary assistance to ure to enroll is due to the failure to provide lowance application under section 231(a), employers, groups of workers, and any cer- the worker with timely information regard- then for any week for which unemployment tified or recognized union or other duly au- ing the date specified in subclause (I) or (II), insurance is payable and for which the work- thorized representatives of such workers to as the case may be, or’’. er would otherwise be entitled to a trade re- file petitions under section 221; and (b) WAIVERS OF TRAINING REQUIREMENTS.— adjustment allowance based upon the certifi- ‘‘(2) the Secretary of Commerce shall— Subsection (c) of such section 231 is amend- cation under section 223, the worker shall, in ‘‘(A) notify the firms identified by the ed— addition to any such unemployment insur- Commission as comprising the domestic in- (1) in paragraph (1)(B)— ance, be paid a trade readjustment allowance dustry affected of the benefits under chapter (A) by striking ‘‘The worker possesses’’ in the amount described in paragraph (2). 3 and the procedures under such chapter for and inserting ‘‘(2) The trade readjustment allowance filing petitions and applying for benefits; ‘‘(i) IN GENERAL.—The worker possesses’’; payable under paragraph (1) shall be equal to and (B) by moving the remaining text 2 ems to the weekly benefit amount of the unemploy- ‘‘(B) provide the necessary assistance to the right; and ment insurance upon which the worker’s firms to file petitions under section 251.’’. (C) by adding at the end the following: trade readjustment allowance was initially (b) CLERICAL AMENDMENT.—The table of ‘‘(ii) MARKETABLE SKILLS DEFINED.—For determined under subsection (a), reduced contents for title II of the Trade Act of 1974 purposes of clause (i), the term ‘marketable by— is amended by striking the item relating to skills’ may include the possession of a post- ‘‘(A) the amount of the unemployment in- section 224 and inserting the following: graduate degree from an institution of high- surance benefit payable to such worker for

VerDate Aug 31 2005 02:19 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.009 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12257 that week of unemployment for which a SEC. 126. EMPLOYMENT AND CASE MANAGEMENT the fiscal years 2008 and 2009 shall not exceed trade readjustment allowance is payable SERVICES. $440,000,000. The total amount of payments under paragraph (1); and (a) IN GENERAL.—Section 235 of the Trade that may be made under paragraph (1) for ‘‘(B) the amounts described in paragraphs Act of 1974 (19 U.S.C. 2295) is amended to read fiscal year 2010 and each subsequent fiscal (1) and (2) of subsection (a).’’. as follows: year shall not exceed $660,000,000.’’; and (b) CONFORMING AMENDMENTS.—Section 233 ‘‘SEC. 235. EMPLOYMENT AND CASE MANAGE- (2) by striking subparagraph (B) and insert- of the Trade Act of 1974 (19 U.S.C. 2293) is MENT SERVICES. ing the following: amended— ‘‘The Secretary shall provide, directly or ‘‘(B) Not later than 120 days after the date (1) in subsection (a)(1), by striking ‘‘section through agreements with States under sec- of the enactment of the Trade and 232(a)’’ and inserting ‘‘subsections (a) and (b) tion 239, to adversely affected workers cov- Globalization Act of 2007, the Secretary shall of section 232’’; and ered by a certification under subchapter A of establish and implement procedures for the (2) in subsection (c), by striking ‘‘section this chapter the following employment and allocation among the States in each fiscal 232(b)’’ and inserting ‘‘section 232(c)’’. case management services: year of funds available to pay the costs of training for workers under this section. The SEC. 123. LIMITATIONS ON TRADE READJUST- ‘‘(1) Comprehensive and specialized assess- MENT ALLOWANCES; ALLOWANCES ment of skill levels and service needs, in- Secretary shall, at least 60 days before the FOR EXTENDED TRAINING AND cluding through— date on which the procedures described in BREAKS IN TRAINING. ‘‘(A) diagnostic testing and use of other as- this subparagraph are first implemented, Section 233(a) of the Trade Act of 1974 (19 sessment tools; and consult with the Committee on Ways and U.S.C. 2293(a)) is amended— ‘‘(B) in-depth interviewing and evaluation Means of the House of Representatives and (1) in paragraph (2), by inserting ‘‘under to identify employment barriers and appro- the Committee on Finance of the Senate paragraph (1)’’ after ‘‘trade readjustment al- priate employment goals. with respect to such procedures. lowance’’; ‘‘(2) Development of an individual employ- ‘‘(C) In establishing and implementing the procedures under subparagraph (B), the Sec- (2) in paragraph (3)— ment plan to identify employment goals and retary shall— (A) in the matter preceding subparagraph objectives, and appropriate training to ‘‘(i) provide for at least 3 distributions of (A)— achieve those goals and objectives. funds available for training in the fiscal (i) by striking ‘‘52 additional weeks’’ and ‘‘(3) Information on training available in year, and, in the first such distribution, dis- inserting ‘‘78 additional weeks’’; and local and regional areas, information on in- burse not more than 50 percent of the total (ii) by striking ‘‘52-week’’ and inserting dividual counseling to determine which amount of funds available for training in ‘‘91-week’’; and training is suitable training, and informa- that fiscal year; (B) in the matter following subparagraph tion on how to apply for such training. ‘‘(ii) consider using a broad range of fac- (B), by striking ‘‘52-week’’ and inserting ‘‘91- ‘‘(4) Information on how to apply for finan- tors for the allocation of training funds dis- week’’. cial aid, including referring workers to edu- tributed to States for each fiscal year, in- SEC. 124. SPECIAL RULES FOR CALCULATION OF cational opportunity centers under section 402F of the Higher Education Act of 1965, cluding factors such as— ELIGIBILITY PERIOD. ‘‘(I) the number of workers certified under Section 233 of the Trade Act of 1974 (19 where applicable, and notifying workers that the workers may ask financial aid adminis- sections 223 and 223A in the preceding fiscal U.S.C. 2293) is amended by adding at the end year; the following: trators at institutions of higher education to allow use of their current year income in the ‘‘(II) the total number of workers certified ‘‘(g) SPECIAL RULE FOR CALCULATING SEPA- under sections 223 and 223A that are enrolled RATION.—Notwithstanding any other provi- financial aid process. ‘‘(5) Short-term prevocational services, in- in training approved under this section; sion of this chapter, any period during which ‘‘(III) the minimum level of funding nec- a judicial or administrative appeal is pend- cluding development of learning skills, com- munications skills, interviewing skills, essary to provide training approved under ing with respect to the denial by the Sec- this section; and retary of a petition under section 223 shall punctuality, personal maintenance skills, and professional conduct to prepare individ- ‘‘(IV) notifications under the Worker Ad- not be counted for purposes of calculating justment and Retraining Notification Act or the period of separation under subsection uals for employment or training. ‘‘(6) Individual career counseling, including other layoff notifications; (a)(2) or for purposes of calculating time pe- ‘‘(iii) after the initial distribution of train- riods specified in section 231(a)(5)(A). job search and placement counseling, during the period in which the individual is receiv- ing funds to States at the beginning of each ‘‘(h) SPECIAL RULE FOR JUSTIFIABLE ing a trade adjustment allowance or training fiscal year, provide for subsequent distribu- CAUSE.—The Secretary may extend the peri- under this chapter, and for purposes of job tions of training funds remaining, based on ods during which trade readjustment allow- the factors described in clause (ii) (but, in ances are payable to an adversely affected placement after receiving such training. ‘‘(7) Provision of employment statistics in- the case of the factor described in subclause worker under paragraphs (2) and (3) of sub- (I) of clause (ii), based on data from the pre- section (a) and under subsection (f) (but not formation, including the provision of accu- rate information relating to local, regional, ceding 2 fiscal quarters) if a State requests the maximum amounts of such allowances the distribution of the remaining funds; that are payable under this section), if the and national labor market areas, including— ‘‘(A) job vacancy listings in such labor ‘‘(iv) ensure that any final distribution of Secretary determines that there is justifi- funds during a fiscal year is made not later able cause for such an extension, such as the market areas; ‘‘(B) information on jobs skills necessary than July 1 of that fiscal year; and failure to provide the worker with timely in- ‘‘(v) develop an explicit policy for re-cap- formation, delays in certification due to ad- to obtain jobs identified in job vacancy list- ings described in subparagraph (A); ture and redistribution of training funds, to ministrative reconsideration or judicial re- the extent such re-capture and redistribution view, or justifiable breaks in training that ‘‘(C) information relating to local occupa- tions that are in demand and earnings poten- of training funds is necessary.’’. exceed the period allowable under subsection ETERMINATIONS REGARDING TRAIN- tial of such occupations; and (c) D (e).’’. ING.—Subsection (a)(9) of such section is ‘‘(D) skills requirements for local occupa- amended— SEC. 125. APPLICATION OF STATE LAWS AND tions described in subparagraph (C). REGULATIONS ON GOOD CAUSE FOR (1) by striking ‘‘The Secretary’’ and insert- ‘‘(8) Supportive services, including services WAIVER OF TIME LIMITS OR LATE ing ‘‘(A) Subject to subparagraph (B), the relating to child care, transportation, de- FILING OF CLAIMS. Secretary’’; and pendent care, housing assistance, and need- Section 234 of the Trade Act of 1974 (19 (2) by adding at the end the following: related payments that are necessary to en- U.S.C. 2294) is amended— ‘‘(B)(i) In determining under paragraph able an individual to participate in train- (1) by striking ‘‘Except where incon- (1)(E) whether a worker is qualified to under- ing.’’. sistent’’ and inserting ‘‘(a) IN GENERAL.—Ex- take and complete training, the Secretary (b) CLERICAL AMENDMENT.—The item relat- cept where inconsistent’’; and may not disallow training for a period longer ing to section 235 in the table of contents for (2) by adding at the end the following: than the worker’s period of eligibility for title II of the Trade Act of 1974 is amended to ‘‘(b) STATE LAWS AND REGULATIONS ON trade readjustment allowances under part I read as follows: GOOD CAUSE FOR WAIVER OF TIME LIMITS OR if the worker demonstrates that the worker LATE FILING OF CLAIMS.—Any law or regula- ‘‘235. Employment and case management has sufficient financial resources to com- tion of a cooperating State under section 239 services.’’. plete the training after the expiration of the that allows for a waiver for good cause of SEC. 127. TRAINING. worker’s period of eligibility for such trade any time limit, including a waiver for good (a) IN GENERAL.—Subsection (a)(1) of sec- readjustment allowances. cause to allow the late filing of any claim, tion 236 of the Trade Act of 1974 (19 U.S.C. ‘‘(ii) In determining the reasonable cost of for trade readjustment allowances or other 2296) is amended by striking the last sen- training under paragraph (1)(F) with respect adjustment assistance under this chapter tence. to a worker, the Secretary may consider shall, in the administration of the program (b) FUNDING.—Subsection (a)(2) of such sec- whether other public or private funds are by the State under this chapter, apply to the tion is amended— reasonably available to the worker, except applicable time limitation referred to or (1) in subparagraph (A), to read as follows: that the Secretary may not require a worker specified in this chapter or any regulation ‘‘(A) The total amount of payments that to obtain such funds as a condition of ap- prescribed to carry out this chapter.’’. may be made under paragraph (1) for each of proval of training under paragraph (1).’’.

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.009 H31OCPT1 cnoel on PRODPC60 with HOUSE H12258 CONGRESSIONAL RECORD — HOUSE October 31, 2007

(d) DETERMINATIONS OF ELIGIBILITY BY The Secretary may not limit approval of a ‘‘(2) USE OF FUNDS.—A State that receives STATE EMPLOYEES APPOINTED ON MERIT training program under paragraph (1) to a an additional payment under paragraph (1) BASIS.—Such section is further amended— program provided pursuant to title I of the shall use the payment for administration of (1) by redesignating subsections (e) and (f) Workforce Investment Act of 1998.’’. the trade adjustment assistance for workers as subsections (f) and (g), respectively; and (b) CONFORMING AMENDMENTS.—Section 233 program under this chapter, including for— (2) by inserting after subsection (d) the fol- of the Trade Act of 1974 (19 U.S.C. 2293) is ‘‘(A) processing of waivers of training re- lowing: amended— quirements under section 231; ‘‘(e) DETERMINATIONS OF ELIGIBILITY BY (1) in subsection (a)(2), by inserting ‘‘pre- ‘‘(B) collecting of data required under this STATE EMPLOYEES APPOINTED ON MERIT requisite education or’’ after ‘‘requires a pro- chapter; and BASIS.—All determinations of eligibility for gram of’’; and ‘‘(C) providing services under section 235. training under this section shall be made by (2) in subsection (f) (as redesignated by sec- ‘‘(3) ADMINISTRATION REQUIREMENT.—Funds employees of the State who are appointed on tion 121(d) of this Act), by inserting ‘‘pre- provided to a State under this subsection for a merit basis.’’. requisite education or’’ after ‘‘includes a pro- a fiscal year that are in excess of the amount (e) GAO STUDY AND REPORT.— gram of’’. of funds provided to the State for adminis- (1) STUDY.—The Comptroller General of the SEC. 129. ELIGIBILITY FOR UNEMPLOYMENT IN- tration of the trade adjustment assistance United States shall conduct a study of the SURANCE AND PROGRAM BENEFITS for workers program under this chapter for procedures for the allocation of training WHILE IN TRAINING. fiscal year 2007 may only be administered by funds for workers under subparagraphs (B) (a) IN GENERAL.—Section 236(d) of the employees of the State who are appointed on and (C) of section 236(a)(2) of the Trade Act Trade Act of 1974 (19 U.S.C. 2296(d)) is amend- a merit basis. of 1974 (19 U.S.C. 2296), as added by sub- ed to read as follows: ‘‘(b) ADDITIONAL FUNDING FOR EMPLOYMENT section (a) of this section, that are estab- ‘‘(d) ELIGIBILITY.—A worker may not be de- AND CASE MANAGEMENT SERVICES.— lished and implemented by the Secretary of termined to be ineligible or disqualified for ‘‘(1) IN GENERAL.—The Secretary shall pro- Labor pursuant to such section. In carrying unemployment insurance or program bene- vide to each State that receives a payment out the study, the Comptroller General shall fits under this subchapter— under section 236 for a fiscal year an addi- examine the overall adequacy of funding for ‘‘(1) because the worker— tional payment for such fiscal year in an training for workers by State and the effec- ‘‘(A) is enrolled in training approved under amount that is not less than .06 percent of tiveness of the procedures for allocating subsection (a); or the total amount of payments that may be training funds between States and among ‘‘(B) left work— workers. made in that fiscal year as described in sec- ‘‘(i) that was not suitable employment to tion 236(a)(2). (2) REPORTS.— enter such training; or ‘‘(2) USE OF FUNDS.—A State that receives (A) INTERIM REPORT.—The Comptroller ‘‘(ii) that the worker engaged in on a tem- an additional payment under paragraph (1) General of the United States shall submit to porary basis during a break in such training the Committee on Ways and Means of the shall use the payment for providing services or a delay in the commencement of such under section 235. House of Representatives and the Committee training; or on Finance of the Senate an interim report ‘‘(3) ADMINISTRATION REQUIREMENT.—Funds ‘‘(2) because the provisions of State law or provided to a State under this subsection that contains the results of the study con- Federal unemployment insurance law relat- ducted under paragraph (1) for the first fiscal may only be administered by employees of ing to availability for work, active search for the State who are appointed on a merit year with respect to which the procedures work, or refusal to accept work apply to a described in paragraph (1) are implemented. basis. week of training approved under subsection ‘‘(c) FUNDING.—Funds provided to the (B) FINAL REPORT.—The Comptroller Gen- (a).’’. States under this section shall not be count- eral of the United States shall submit to the (b) DEFINITION.—Subchapter B of chapter 2 ed toward the limitation contained in sec- Committee on Ways and Means of the House of title II of the Trade Act of 1974 (19 U.S.C. tion 236(a)(2)(A).’’. of Representatives and the Committee on Fi- 2291 et seq.) is amended— (b) CLERICAL AMENDMENT.—The table of nance of the Senate a final report that con- (1) in section 233(d) (as redesignated by sec- contents for title II of the Trade Act of 1974 tains the results of the study conducted tion 121(d) of this Act), by inserting ‘‘suit- is amended by inserting after the item relat- under paragraph (1) for the first three fiscal able’’ before ‘‘on-the-job training’’; and ing to section 236 the following: years with respect to which the procedures (2) in section 236— described in paragraph (1) are implemented. ‘‘Sec. 236A. Additional payments for admin- (A) by inserting ‘‘suitable’’ before ‘‘on-the- istrative expenses and employ- SEC. 128. PREREQUISITE EDUCATION; APPROVED job training’’ each place it appears; and TRAINING PROGRAMS. ment and case management (B) by adding at the end the following: services.’’. (a) IN GENERAL.—Section 236(a)(5) of the ‘‘(h) SUITABLE ON-THE-JOB TRAINING.—For Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is purposes of this section, the term ‘suitable SEC. 131. JOB SEARCH AND RELOCATION ALLOW- ANCES. amended— on-the-job training’ means on-the-job train- (a) JOB SEARCH ALLOWANCES.—Section 237 (1) in subparagraph (A)— ing— of the Trade Act of 1974 (19 U.S.C. 2297) is (A) by striking ‘‘and’’ at the end of clause ‘‘(1) that can reasonably be expected to amended— (i); lead to suitable employment; (1) in subsection (a)(2)(C)(ii), by striking ‘‘, (B) by adding ‘‘and’’ at the end of clause ‘‘(2) that is compatible with the skills of unless the worker received a waiver under (ii); and the worker; section 231(c)’’; and (C) by inserting after clause (ii) the fol- ‘‘(3) that— (2) in subsection (b)— lowing: ‘‘(A) involves a curriculum through which (A) in paragraph (1), by striking ‘‘90 per- ‘‘(iii) apprenticeship programs registered the worker learns the skills necessary for cent of the cost of’’ and inserting ‘‘all’’; and under the National Apprenticeship Act (29 the job for which the worker is being (B) in paragraph (2), by striking ‘‘$1,250’’ U.S.C. 50 et seq.),’’; trained; and and inserting ‘‘$1,500’’. (2) by redesignating subparagraphs (E) and ‘‘(B) can be measured by benchmarks that (b) RELOCATION ALLOWANCES.—Section 238 (F) as subparagraphs (F) and (G), respec- indicate that the worker is learning such of the Trade Act of 1974 (19 U.S.C. 2298) is tively; skills; and amended— (3) by inserting after subparagraph (D) the ‘‘(4) that is certified by the State as an on- (1) in subsection (a)(2)(E)(ii), by striking ‘‘, following: the-job training program that meets the re- unless the worker received a waiver under ‘‘(E) any program of prerequisite education quirements of paragraph (3).’’. or coursework required to enroll in training section 231(c)’’; and SEC. 130. ADMINISTRATIVE EXPENSES AND EM- (2) in subsection (b)— that may be approved under this section,’’; PLOYMENT AND CASE MANAGEMENT (4) in subparagraph (F)(ii), as redesignated SERVICES. (A) in paragraph (1), by striking ‘‘90 per- cent of the’’ and inserting ‘‘all’’; and by paragraph (1), by striking ‘‘and’’ at the (a) IN GENERAL.—Part II of subchapter B of end; chapter 2 of title II of the Trade Act of 1974 (B) in paragraph (2), by striking ‘‘$1,250’’ (5) in subparagraph (G), as redesignated by (19 U.S.C. 2295 et seq.) is amended by insert- and inserting ‘‘$1,500’’. paragraph (1), by striking the period at the ing after section 236 the following: Subtitle D—Health Care Provisions end and inserting ‘‘, and’’; and ‘‘SEC. 236A. ADDITIONAL PAYMENTS FOR ADMIN- SEC. 141. MODIFICATIONS RELATING HEALTH IN- (6) by adding at the end the following: ISTRATIVE EXPENSES AND EMPLOY- SURANCE ASSISTANCE FOR CERTAIN ‘‘(H) any training program or coursework MENT AND CASE MANAGEMENT TAA AND PBGC PENSION RECIPI- at an accredited institution of higher edu- SERVICES. ENTS. cation (as defined in section 101(a) of the ‘‘(a) ADMINISTRATIVE EXPENSES.— (a) INCREASE IN CREDIT PERCENTAGE Higher Education Act of 1965), including a ‘‘(1) IN GENERAL.—The Secretary shall pro- AMOUNT.— training program or coursework for the pur- vide to each State that receives a payment (1) IN GENERAL.—Subsection (a) of section pose of— under section 236 for a fiscal year an addi- 35 of the Internal Revenue Code of 1986 is ‘‘(i) obtaining a degree or certification; or tional payment for such fiscal year in an amended by striking ‘‘65 percent’’ and insert- ‘‘(ii) completing a degree or certification amount that is not less than 15 percent of ing ‘‘85 percent’’. that the worker had previously begun at an the amount of the payment under section (2) CONFORMING AMENDMENT.—Subsection accredited institution of higher education. 236. (b) of section 7527 of such Code is amended by

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.010 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12259 striking ‘‘65 percent’’ and inserting ‘‘85 per- viduals who were qualifying family members ‘‘(I) the last day of the first month with re- cent’’. immediately before such death, and spect to which such recipient becomes an eli- (b) TAA RECIPIENTS RECEIVING UNEMPLOY- ‘‘(ii) any individual who was a qualifying gible PBGC pension recipient, or MENT COMPENSATION AND NOT ENROLLED IN family member of the decedent immediately ‘‘(II) the date of the enactment of this sub- TRAINING PROGRAM ELIGIBLE FOR CREDIT.— before such death (or, in the case of an indi- paragraph.’’. Paragraph (2) of section 35(c) of such Code is vidual to whom paragraph (4) applies, the (2) CONFORMING AMENDMENT.—Clause (ii) of amended to read as follows: taxpayer to whom the deduction under sec- section 172(f)(2)(B) of the Workforce Invest- ‘‘(2) ELIGIBLE TAA RECIPIENT.—The term ‘el- tion 151 is allowable) shall be treated as an ment Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is igible TAA recipient’ means, with respect to eligible individual for purposes of this sec- amended to read as follows: any month, any individual who— tion and section 7527 for a period of 36 ‘‘(ii) QUALIFYING INDIVIDUAL.—For purposes ‘‘(A) is receiving for any day of such month months beginning with the date of such of this subparagraph, the term ‘qualifying a trade readjustment allowance under chap- death, except that in determining the individual’ means an eligible individual and ter 2 of title II of the Trade Act of 1974, or amount of such credit only such qualifying the qualifying family members of such indi- ‘‘(B) who is receiving unemployment com- family member may be taken into account.’’. vidual if such individual meets the require- pensation (as defined in section 85) for such (2) CONFORMING AMENDMENT.—Section 173(f) ments of clauses (iii) and (iv) of section month and who would be eligible to receive of the Workforce Investment Act of 1998 (29 35(b)(1)(A) of the Internal Revenue Code of such allowance for such month if section 231 U.S.C. 2918(f)) is amended by adding at the 1986 and— of such Act were applied without regard to end the following: ‘‘(I) in the case of an eligible TAA recipi- subsections (a)(3)(B) and (a)(5) thereof. ‘‘(8) CONTINUED QUALIFICATION OF FAMILY ent or an eligible alternative TAA recipient, MEMBERS AFTER CERTAIN EVENTS.— has (as of the date on which the individual An individual shall continue to be treated as ‘‘(A) MEDICARE ELIGIBILITY.—In the case of seeks to enroll in the coverage described in an eligible TAA recipient during the first any month which would be an eligible cov- clauses (ii) through (viii) of subparagraph month that such individual would otherwise erage month with respect to an eligible indi- (A)) a period of creditable coverage (as de- cease to be an eligible TAA recipient by rea- vidual but for paragraph (7)(B)(i), such fined in section 9801(c) of such Code), or son of the preceding sentence.’’. month shall be treated as an eligible cov- ‘‘(II) in the case of an eligible PBGC pen- LIGIBILITY FOR ELIGIBLE INDIVIDUALS (c) E erage month with respect to such eligible in- sion recipient, enrolls in such coverage dur- MADE RETROACTIVE TO TAA-RELATED LOSS dividual solely for purposes of determining ing the 90-day period beginning on the later OF EMPLOYMENT.—Subsection (c) of section the eligibility of qualifying family members of— 35 of such Code is amended by adding at the of such individual under this subsection. ‘‘(aa) the last day of the first month with end the following new paragraph: This subparagraph shall only apply with re- respect to which such recipient becomes an ‘‘(5) RETROACTIVE ELIGIBILITY FOR TAA RE- spect to the first 36 months after such eligi- eligible PBGC pension recipient, or CIPIENTS.—In the case of any individual who ble individual is first entitled to the benefits ‘‘(bb) the date of the enactment of this is an eligible TAA recipient or eligible alter- described in paragraph (7)(B)(i). clause.’’. native TAA recipient for any month, such in- ‘‘(B) DIVORCE.—In the case of the finaliza- (3) OUTREACH.—The Secretary of the Treas- dividual shall be treated as an eligible indi- tion of a divorce between an eligible indi- ury shall carry out a program to notify indi- vidual for any month which precedes such vidual and such individual’s spouse, such viduals prior to their becoming eligible month and which begins after the later of— spouse shall be treated as an eligible indi- PBGC pension recipients (as defined in sec- ‘‘(A) the date of the separation from em- vidual for purposes of this subsection for a tion 35 of the Internal Revenue Code of 1986) ployment which gives rise to such individual period of 36 months beginning with the date of the requirement of subsection (e)(2)(B)(ii) being an eligible TAA recipient or eligible of such finalization, except that the only of such section, as added by this subsection. alternative TAA recipient, or qualifying family members who may be (f) TAA PRE-CERTIFICATION PERIOD RULE ‘‘(B) December 31, 2007.’’. taken into account with respect to such FOR PURPOSES OF DETERMINING WHETHER (d) CONTINUED QUALIFICATION OF FAMILY spouse are those individuals who were quali- THERE ISA63-DAY LAPSE IN CREDITABLE COV- MEMBERS AFTER CERTAIN EVENTS.— fying family members immediately before ERAGE.— (1) IN GENERAL.—Subsection (g) of section such finalization. (1) IRC AMENDMENT.—Section 9801(c)(2) of 35 of such Code is amended by redesignating ‘‘(C) DEATH.—In the case of the death of an the Internal Revenue Code of 1986 (relating paragraph (9) as paragraph (10) and inserting eligible individual— to not counting periods before significant after paragraph (8) the following new para- ‘‘(i) any spouse of such individual (deter- breaks in creditable coverage) is amended by graph: mined at the time of such death) shall be adding at the end the following new subpara- ‘‘(9) CONTINUED QUALIFICATION OF FAMILY treated as an eligible individual for purposes graph: MEMBERS AFTER CERTAIN EVENTS.— of this subsection for a period of 36 months ‘‘(D) TAA-ELIGIBLE INDIVIDUALS.— ‘‘(A) MEDICARE ELIGIBILITY.—In the case of beginning with the date of such death, ex- ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— any month which would be an eligible cov- cept that the only qualifying family mem- In the case of a TAA-eligible individual, the erage month with respect to an eligible indi- bers who may be taken into account with re- period beginning on the date the individual vidual but for subsection (f)(2)(A), such spect to such spouse are those individuals has a TAA-related loss of coverage and end- month shall be treated as an eligible cov- who were qualifying family members imme- ing on the date which is 5 days after the erage month with respect to such eligible in- diately before such death, and postmark date of the notice by the Secretary dividual solely for purposes of determining ‘‘(ii) any individual who was a qualifying (or by any person or entity designated by the the amount of the credit under this section family member of the decedent immediately Secretary) that the individual is eligible for with respect to any qualifying family mem- before such death shall be treated as an eligi- a qualified health insurance costs credit eli- bers of such individual (and any advance ble individual for purposes this subsection gibility certificate for purposes of section payment of such credit under section 7527). for a period of 36 months beginning with the 7527 shall not be taken into account in deter- This subparagraph shall only apply with re- date of such death, except that no qualifying mining the continuous period under subpara- spect to the first 36 months after such eligi- family members may be taken into account graph (A). ble individual is first entitled to the benefits with respect to such individual.’’. ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- described in subsection (f)(2)(A). (e) MODIFICATION OF CREDITABLE COVERAGE ble individual’, and ‘TAA-related loss of cov- ‘‘(B) DIVORCE.—In the case of the finaliza- REQUIREMENT.— erage’ have the meanings given such terms tion of a divorce between an eligible indi- (1) IN GENERAL.—Subparagraph (B) of sec- in section 4980B(f)(5)(C)(iv).’’. vidual and such individual’s spouse, such tion 35(e)(2) of such Code is amended to read (2) ERISA AMENDMENT.—Section 701(c)(2) of spouse shall be treated as an eligible indi- as follows: the Employee Retirement Income Security vidual for purposes of this section and sec- ‘‘(B) QUALIFYING INDIVIDUAL.—For purposes Act of 1974 (29 U.S.C. 1181(c)(2)) is amended tion 7527 for a period of 36 months beginning of this paragraph, the term ‘qualifying indi- by adding at the end the following new sub- with the date of such finalization, except vidual’ means an eligible individual and the paragraph: that the only qualifying family members qualifying family members of such indi- ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— who may be taken into account with respect vidual if such individual meets the require- ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— to such spouse are those individuals who ments of clauses (iii) and (iv) of subsection In the case of a TAA-eligible individual, the were qualifying family members imme- (b)(1)(A) and— period beginning on the date the individual diately before such finalization. ‘‘(i) in the case of an eligible TAA recipient has a TAA-related loss of coverage and end- ‘‘(C) DEATH.—In the case of the death of an or an eligible alternative TAA recipient, has ing on the date that is 5 days after the post- eligible individual— (as of the date on which the individual seeks mark date of the notice by the Secretary (or ‘‘(i) any spouse of such individual (deter- to enroll in the coverage described in sub- by any person or entity designated by the mined at the time of such death) shall be paragraphs (B) through (H) of paragraph (1)) Secretary) that the individual is eligible for treated as an eligible individual for purposes a period of creditable coverage (as defined in a qualified health insurance costs credit eli- of this section and section 7527 for a period of section 9801(c)), or gibility certificate for purposes of section 36 months beginning with the date of such ‘‘(ii) in the case of an eligible PBGC pen- 7527 of the Internal Revenue Code of 1986 death, except that the only qualifying family sion recipient, enrolls in such coverage dur- shall not be taken into account in deter- members who may be taken into account ing the 90-day period beginning on the later mining the continuous period under subpara- with respect to such spouse are those indi- of— graph (A).

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‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- beginning after December 31, 2007, in taxable (B) in paragraph (2)(A), by striking ‘‘for a ble individual’, and ‘TAA-related loss of cov- years ending after such date. period not to exceed 2 years’’ and inserting erage’ have the meanings given such terms (2) RATING SYSTEM REQUIREMENT.—The ‘‘for the eligibility period under paragraph in section 605(b)(4)(c).’’. amendments made by subsection (g) shall (3)(C)’’; and (3) PHSA AMENDMENT.—Section 2701(c)(2) of apply to months beginning after March 31, (C) by striking paragraphs (3) through (5) the Public Health Service Act (42 U.S.C. 2008, in taxable years ending after such date. and inserting the following: 300gg(c)(2)) is amended by adding at the end (3) DISCRETION TO DELAY EFFECTIVE DATE ‘‘(3) ELIGIBILITY.— the following new subparagraph: FOR PURPOSES OF ADVANCE PAYMENT PRO- ‘‘(A) IN GENERAL.—A group of workers cer- ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— GRAM.—Solely for purposes of carrying out tified under subchapter A as eligible for ad- ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— the advance payment program under section justment assistance under subchapter A is In the case of a TAA-eligible individual, the 7527, the Secretary may provide that one or eligible for benefits described in paragraph period beginning on the date the individual more amendments made by subsections (b), (2) under the program established under has a TAA-related loss of coverage and end- (c), and (d) shall not apply to one or more paragraph (1). ing on the date that is 5 days after the post- months beginning before March 31, 2008, to ‘‘(B) INDIVIDUAL ELIGIBILITY.—A worker in mark date of the notice by the Secretary (or the extent that the Secretary determines a group of workers described in subparagraph by any person or entity designated by the that such delay is necessary to properly im- (A) may elect to receive benefits described in Secretary) that the individual is eligible for plement any such amendment as part of such paragraph (2) under the program established a qualified health insurance costs credit eli- program. under paragraph (1) if the worker— gibility certificate for purposes of section (j) GAO STUDY AND REPORT.— ‘‘(i) is at least 50 years of age; 7527 of the Internal Revenue Code of 1986 (1) STUDY.—The Comptroller General of the ‘‘(ii) earns not more than $60,000 each year shall not be taken into account in deter- United States shall conduct a study regard- in wages from reemployment; mining the continuous period under subpara- ing the health insurance tax credit allowed ‘‘(iii)(I) is employed on a full-time basis as graph (A). under section 35 of the Internal Revenue defined by State law in the State in which Code of 1986. ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- the worker is employed; or ble individual’, and ‘TAA-related loss of cov- (2) REPORT.—Not later than March 1, 2009, ‘‘(II) is employed at least 20 hours per week erage’ have the meanings given such terms the Comptroller General shall submit a re- and is enrolled in training approved under in section 2205(b)(4)(c).’’. port to Congress regarding the results of the section 236; and study conducted under paragraph (1). Such (g) RATING SYSTEM REQUIREMENT FOR CER- ‘‘(iv) does not return to the employment report shall include an analysis of— TAIN STATE-BASED COVERAGE.— from which the worker was separated. (A) the administrative costs— (1) IN GENERAL.—Subparagraph (A) of sec- (i) of the Federal Government with respect In the case of a worker described in clause tion 35(e)(2) of such Code is amended by add- to such credit and the advance payment of (iii)(II), the percentage referred to in para- ing at the end the following new clause: such credit under section 7527 of such Code, graph (2)(A) shall be deemed to be a percent- ‘‘(v) RATING SYSTEM REQUIREMENT.—In the 1 and age equal to ⁄2 of the ratio of weekly hours case of coverage described in paragraph (ii) of providers of qualified health insur- of employment referred to in clause (iii)(II) (1)(F)(ii), the premiums for such coverage are ance with respect to providing such insur- to weekly hours of employment of that restricted, based on a community rating sys- ance to eligible individuals and their quali- worker at the time of separation (but not tem with respect to eligible individuals and fying family members, more than 50 percent). their qualifying family members, or based on (B) the health status and relative risk sta- ‘‘(C) ELIGIBILITY PERIOD FOR PAYMENTS.—A a rate-band system under which the max- tus of eligible individuals and qualifying worker in a group of workers described in imum rate which may be charged does not family members covered under such insur- subparagraph (A) may receive payments de- exceed 150 percent of the standard rate with ance, scribed in paragraph (2)(A) under the pro- respect to eligible individuals and their (C) participation in such credit and the ad- gram established under paragraph (1) for a qualifying family members.’’. vance payment of such credit by eligible in- period not to exceed 2 years from the date on (2) CONFORMING AMENDMENT.—Clause (i) of dividuals and their qualifying family mem- which the worker exhausts all rights to un- section 173(f)(2)(B) of the Workforce Invest- bers, including the reasons why such individ- employment insurance based on the separa- ment Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is uals did or did not participate and the effect tion of the worker from adversely affected amended by adding at the end the following of the amendments made by this section on employment or the date on which the worker new subclause: such participation, and obtains reemployment, whichever is earlier. ‘‘(V) RATING SYSTEM REQUIREMENT.—In the (D) the extent to which eligible individuals ‘‘(D) TRAINING.—A worker described in sub- case of coverage described in subparagraph and their qualifying family members— paragraph (B) shall be eligible to receive (A)(vi)(II), the premiums for such coverage (i) obtained health insurance other than training approved under section 236. are restricted, based on a community rating qualifying health insurance, or ‘‘(4) TOTAL AMOUNT OF PAYMENTS.—The system with respect to eligible individuals (ii) went without health insurance cov- payments described in paragraph (2)(A) made and their qualifying family members, or erage. to a worker may not exceed $12,000 per work- based on a rate-band system under which the (3) ACCESS TO RECORDS.—For purposes of er during the eligibility period under para- maximum rate which may be charged does conducting the study required under this graph (3)(C). not exceed 150 percent of the standard rate subsection, the Comptroller General and any ‘‘(5) LIMITATION ON OTHER BENEFITS.—A with respect to eligible individuals and their of his duly authorized representatives shall worker described in paragraph (3) may not qualifying family members.’’. have access to, and the right to examine and receive a trade readjustment allowance (h) TERMINATION OF PROGRAM.— copy, all documents, records, and other re- under part I of subchapter B during any week (1) IN GENERAL.—Section 35 of such Code is corded information— for which the worker receives a payment de- amended by adding at the end the following (A) within the possession or control of pro- scribed in paragraph (2)(A).’’; and new subsection: viders of qualified health insurance, and (3) in subsection (b)(2), by striking ‘‘sub- ‘‘(h) TERMINATION.—An individual shall not (B) determined by the Comptroller General section (a)(3)(B)’’ and inserting ‘‘subsection be treated as an eligible individual for pur- (or any such representative) to be relevant (a)(3)’’. poses of this section or section 7527 for any to the study. (b) EXTENSION OF PROGRAM.—Subsection month beginning after December 31, 2009, un- The Comptroller General shall not disclose (b)(1) of such section is amended by striking less such individual was an eligible indi- the identity of any provider of qualified ‘‘5’’ and inserting ‘‘10’’. vidual for a continuous period of months health insurance or any eligible individual in (c) CLERICAL AMENDMENT.—The table of ending with such month and beginning be- making any information obtained under this contents for title II of the Trade Act of 1974 fore such date.’’. section available to the public. is amended by striking the item relating to section 246 and inserting the following: (2) CONFORMING AMENDMENT.—Subsection (4) DEFINITIONS.—Any term which is de- (f) of section 173 of the Workforce Invest- fined in section 35 of the Internal Revenue ‘‘Sec. 246. Reemployment trade adjustment ment Act of 1998 (29 U.S.C. 2918) is amended Code of 1986 shall have the same meaning assistance program.’’. by adding at the end the following new para- when used in this subsection. Subtitle F—Other Matters graph: Subtitle E—Wage Insurance SEC. 161. AGREEMENTS WITH STATES. ‘‘(8) TERMINATION.—An individual shall not SEC. 151. REEMPLOYMENT TRADE ADJUSTMENT (a) IN GENERAL.—Subsection (a) of section be treated as an eligible individual for pur- ASSISTANCE PROGRAM FOR OLDER 239 of the Trade Act of 1974 (19 U.S.C. 2311) is poses of this subsection for any month begin- WORKERS. amended— ning after December 31, 2009, unless such in- (a) IN GENERAL.—Section 246 of the Trade (1) by striking ‘‘will’’ each place it appears dividual was an eligible individual for a con- Act of 1974 (19 U.S.C. 2318) is amended— and inserting ‘‘shall’’; and tinuous period of months ending with such (1) by amending the heading to read as fol- (2) in clause (2), to read as follows: ‘‘(2) in month and beginning before such date.’’. lows: ‘‘REEMPLOYMENT TRADE ADJUST- accordance with subsection (f), shall provide (i) EFFECTIVE DATE.— MENT ASSISTANCE’’; adversely affected workers covered by a cer- (1) IN GENERAL.—Except as otherwise pro- (2) in subsection (a)— tification under subchapter A the employ- vided in this subsection, the amendments (A) in paragraph (1), by striking ‘‘alter- ment and case management services de- made by this section shall apply to months native’’ and inserting ‘‘reemployment’’; scribed in section 235’’.

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(b) OUTREACH.—Subsection (f) of such sec- ‘‘(C) ensuring workers covered by a certifi- ‘‘(10) The number of training waivers tion is amended— cation receive the employment services de- granted, classified by type of waiver. (1) in paragraph (3), by striking ‘‘and’’ at scribed in section 235; ‘‘(11) The wages of workers before separa- the end; ‘‘(D) ensuring States fully comply with tion and any job obtained after receiving (2) by striking paragraph (4) and inserting agreements under section 239; benefits under the trade adjustment assist- the following: ‘‘(E) acting as a vigorous advocate for ance program under this chapter. ‘‘(4) perform outreach, intake (which may workers applying for assistance under this ‘‘(12) The average duration of training that include worker profiling) and orientation for chapter; was completed. assistance and benefits available under this ‘‘(F) receiving complaints, grievances, and ‘‘(c) REPORT.—Not later than 16 months chapter for adversely affected workers cov- requests for assistance from workers under after the date of the enactment of the Trade ered by a certification under subchapter A of this chapter; and Globalization Act of 2007, and annually this chapter, and’’; and ‘‘(G) establishing and overseeing a hotline thereafter, the Secretary shall submit to the (3) by adding at the end the following: that workers, employers, and other entities Committee on Ways and Means of the House ‘‘(5) provide adversely affected workers may call to obtain information regarding eli- of Representatives, the Committee on Fi- covered by a certification under subchapter gibility criteria, procedural requirements, nance of the Senate, and any other congres- A of this chapter with employment and case and benefits available under this chapter; sional committee of appropriate jurisdiction, management services described in section and a report on whether changes to eligibility re- 235.’’. ‘‘(H) carrying out such other duties with quirements, benefits, or training funding SEC. 162. FRAUD AND RECOVERY OF OVERPAY- respect to this chapter as the President may under the trade adjustment assistance pro- MENTS. specify for purposes of this section.’’. gram under this chapter should be made Section 243(a)(1) of the Trade Act of 1974 (19 (b) CLERICAL AMENDMENT.—The table of based on the data collected under subsection U.S.C. 2315(a)(1)) is amended— contents for title II of the Trade Act of 1974 (b). (1) in the matter preceding subparagraph is amended by inserting after the item relat- ‘‘(d) AVAILABILITY ON WEBSITE OF THE DE- (A)— ing to section 249 the following: PARTMENT OF LABOR.—The Secretary shall (A) by striking ‘‘may waive’’ and inserting ‘‘Sec. 250. Office of Trade Adjustment As- make the data collected under subsection (b) ‘‘shall waive’’; and sistance; Deputy Assistant Sec- publicly available on the website of the De- (B) by striking ‘‘, in accordance with retary for Trade Adjustment partment of Labor, in a searchable format, guidelines prescribed by the Secretary,’’ and Assistance.’’. and shall update the data quarterly.’’. (2) in subparagraph (B), by striking ‘‘would SEC. 165. COLLECTION OF DATA AND REPORTS; (b) CLERICAL AMENDMENT.—The table of be contrary to equity and good conscience’’ INFORMATION TO WORKERS. contents for title II of the Trade Act of 1974 and inserting ‘‘would cause a financial hard- (a) IN GENERAL.—Subchapter C of chapter 2 is amended by inserting after the item relat- ship for the individual (or the individual’s of title II of the Trade Act of 1974 (19 U.S.C. ing to section 250 (as added by section 163(b) household, if applicable) when taking into 2311 et seq.) is amended by adding at the end of this Act) the following: consideration the income and resources rea- the following: sonably available to the individual (or ‘‘Sec. 250A. Collection of data and reports; ‘‘SEC. 250A. COLLECTION OF DATA AND REPORTS; information to workers.’’. household) and other ordinary living ex- INFORMATION TO WORKERS. penses of the individual (or household)’’. ‘‘(a) IN GENERAL.—Not later than 90 days SEC. 166. EXTENSION OF TAA PROGRAM. SEC. 163. TECHNICAL AMENDMENTS. after the date of the enactment of the Trade (a) FOR WORKERS.—Section 245(a) of the (a) IN GENERAL.—Section 249 of the Trade and Globalization Act of 2007, the Secretary Trade Act of 1974 (19 U.S.C. 2317(a)) is amend- Act of 1974 (19 U.S.C. 2321) is amended— shall implement a system to collect and pub- ed by striking ‘‘December 31, 2007’’ and in- (1) in the heading, by striking ‘‘subpena’’ licly disseminate data on all adversely af- serting ‘‘September 30, 2012’’. and inserting ‘‘subpoena’’; and fected workers who apply for or receive ad- (b) TERMINATION.—Section 285 of the Trade (2) in the text, by striking ‘‘subpena’’ and justment assistance under this chapter. Act of 1974 (19 U.S.C. 2271 note) is amended inserting ‘‘subpoena’’ each place it appears. ‘‘(b) DATA TO BE INCLUDED.—The system by striking ‘‘December 31, 2007’’ each place it (b) CLERICAL AMENDMENT.—The item relat- required under subsection (a) shall include appears and inserting ‘‘September 30, 2012’’. ing to section 249 in the table of contents for collection of the following data classified by (c) FOR FARMERS.—Section 298(a) of the title II of the Trade Act of 1974 is amended to State, industry, and nationwide totals: Trade Act of 1974 (19 U.S.C. 2401g(a)) is read as follows: ‘‘(1) The number of petitions and number of amended by adding at the end the following: ‘‘249. Subpoena power.’’. workers covered by petitions filed, certified ‘‘There are authorized to be appropriated to SEC. 164. OFFICE OF TRADE ADJUSTMENT AS- and denied. the Department of Agriculture not to exceed SISTANCE; DEPUTY ASSISTANT SEC- ‘‘(2) The date of filing of each petition and $81,000,000 for the 9-month period beginning RETARY FOR TRADE ADJUSTMENT the date of the determination, and the aver- ASSISTANCE. on January 1, 2008, and $90,000,000 for each of age processing time, by year, on petitions. the fiscal years 2009 through 2012 to carry (a) IN GENERAL.—Subchapter C of chapter 2 ‘‘(3) A breakdown, by the claimed cause of of title II of the Trade Act of 1974 (19 U.S.C. out the purposes of this chapter.’’. dislocation, of petitions denied, such as in- 2311 et seq.) is amended by adding at the end SEC. 167. JUDICIAL REVIEW. creased imports, shift in production, and the following: Section 284 of the Trade Act of 1974 (19 other bases for eligibility. ‘‘SEC. 250. OFFICE OF TRADE ADJUSTMENT AS- U.S.C. 2395) is amended— ‘‘(4) A breakdown of the number of cer- SISTANCE; DEPUTY ASSISTANT SEC- (1) in subsection (a)— tified petitions by the cause of dislocation, RETARY FOR TRADE ADJUSTMENT (A) by inserting ‘‘or 223A’’ after ‘‘223’’; and such as increase in imports, shift in produc- ASSISTANCE. (B) by striking ‘‘271’’ and inserting ‘‘273’’; tion, and other causes of eligibility for ad- ‘‘(a) ESTABLISHMENT.—There is established (2) by amending subsection (b) to read as justment assistance. in the Department of Labor an office to be follows: known as the Office of Trade Adjustment As- ‘‘(5) The number of workers participating ‘‘(b) STANDARD OF REVIEW.—The Court of sistance (hereinafter in this section referred in any aspect of the adjustment assistance International Trade shall have jurisdiction to as the ‘Office’). program under this chapter. to review the case as provided in section 706 ‘‘(b) HEAD OF OFFICE.—The head of the Of- ‘‘(6) Reemployment rates and sectors in fice shall be the Deputy Assistant Secretary which dislocated workers have been em- of title 5, Untied States Code. The findings of for Trade Adjustment Assistance (herein- ployed after receiving adjustment assistance fact by the Secretary of Labor, the Secretary after in this section referred to as the ‘Dep- under this chapter. of Commerce, or the Secretary of Agri- uty Assistant Secretary’), who shall be ap- ‘‘(7) The type of adjustment assistance re- culture, as the case may be, must be sup- pointed by the President, by and with the ad- ceived under this chapter, such as training ported by substantial evidence and must be vice and consent of the Senate. or education assistance, reemployment ad- based on a reasonable investigation. The ‘‘(c) PRINCIPLE FUNCTIONS.—The principle justment assistance, cash benefits, health Court of International Trade may— functions of the Deputy Assistant Secretary coverage, and relocation allowances, the ‘‘(1) remand the case to such Secretary to shall be— number of workers receiving each type of as- take further evidence; or ‘‘(1) to oversee and implement the adminis- sistance, and the average duration of time ‘‘(2) reverse the action of such Secretary. tration of trade adjustment assistance for workers receive each type of assistance. If the case is remanded under paragraph (1), workers under this chapter; and ‘‘(8) The fields of training or education in the Secretary concerned may make new or ‘‘(2) to carry out functions delegated to the which workers receiving training or edu- modified findings of fact and may modify the Secretary of Labor under this chapter, in- cation benefits under this chapter are en- Secretary’s previous action, and shall certify cluding— rolled, the number of workers participating to the court the record of the further pro- ‘‘(A) making determinations under section in each field, classified by major types of ceedings. The new or modified findings of 223 or 223A; training or education. fact must be supported by substantial evi- ‘‘(B) providing information about the pro- ‘‘(9) The number of workers leaving train- dence and must be based on a reasonable in- gram and assisting groups of workers and ing before completing a course of training or vestigation.’’; and other parties to prepare petitions or applica- education, classified by the cause for early (3) in subsection (c), by striking the first tions for program benefits under section 225; termination. sentence.

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.010 H31OCPT1 cnoel on PRODPC60 with HOUSE H12262 CONGRESSIONAL RECORD — HOUSE October 31, 2007 SEC. 168. LIBERAL CONSTRUCTION OF CERTIFI- tial business information unless the party ‘‘(i) one-third shall be transferred to the CATION OF WORKERS AND FIRMS. submitting the confidential business infor- account of such State upon a certification (a) IN GENERAL.—Chapter 5 of title II of the mation had notice, at the time of submis- under paragraph (4)(B) that the State law of Trade Act of 1974 (19 U.S.C. 2391 et seq.) is sion, that such information would be re- such State meets the requirements of para- amended by adding at the end the following: leased by the Secretary, or such party subse- graph (2); and ‘‘SEC. 288. LIBERAL CONSTRUCTION OF CERTIFI- quently consents to the release of the infor- ‘‘(ii) the remainder shall be transferred to CATION OF WORKERS AND FIRMS. mation. Nothing in this subparagraph shall the account of such State upon a certifi- ‘‘The provisions of chapter 2 (relating to be construed to prohibit a court from requir- cation under paragraph (4)(B) that the State adjustment assistance for workers) and the ing the submission of such confidential busi- law of such State meets the requirements of provisions of chapter 3 (relating to adjust- ness information to the court in camera. paragraph (3). ment assistance for firms) shall be liberally ‘‘(f) NOTIFICATION TO FIRMS OF AVAIL- ‘‘(2) The State law of a State meets the re- construed in favor of certifying workers for ABILITY OF BENEFITS.—Upon receiving notice assistance under such chapter 2 and certi- from the Secretary of Labor under section quirements of this paragraph if such State fying firms for assistance under such chapter 225(c) of the identity of a firm or firms that law— 3.’’. are covered by a certification issued under ‘‘(A) uses a base period that includes the (b) CLERICAL AMENDMENT.—The table of section 223 or 223A, the Secretary of Com- most recently completed calendar quarter contents for title II of the Trade Act of 1974 merce shall notify such firm or firms of the before the start of the benefit year for pur- is amended by inserting after the item relat- availability of adjustment assistance under poses of determining eligibility for unem- ing to section 287 the following: this chapter.’’. ployment compensation; or ‘‘Sec. 288. Liberal construction of certifi- (b) DEFINITION.—Section 261 of the Trade ‘‘(B) provides that, in the case of an indi- cation of workers and firms.’’. Act of 1974 (19 U.S.C. 2351) is amended— vidual who would not otherwise be eligible (1) by striking ‘‘For purposes of’’ and in- for unemployment compensation under the TITLE II—TRADE ADJUSTMENT serting ‘‘(a) FIRM.—For purposes of’’; and State law because of the use of a base period ASSISTANCE FOR FIRMS (2) by adding at the end the following: that does not include the most recently com- SEC. 201. TRADE ADJUSTMENT ASSISTANCE FOR ‘‘(b) SERVICE SECTOR FIRM.—For purposes pleted calendar quarter before the start of FIRMS. of this chapter, the term ‘service sector firm’ the benefit year, eligibility shall be deter- (a) IN GENERAL.—Section 251 of the Trade means a firm engaged in the business of pro- mined using a base period that includes such Act of 1974 (19 U.S.C. 2341) is amended— viding services.’’. calendar quarter. (1) in subsection (a), by inserting ‘‘or serv- SEC. 202. EXTENSION OF AUTHORIZATION OF ‘‘(3) The State law of a State meets the re- ice sector firm’’ after ‘‘(including any agri- TRADE ADJUSTMENT ASSISTANCE cultural firm’’; FOR FIRMS. quirements of this paragraph if such State (2) in subsection (c)— Section 256(b) of the Trade Act of 1974 (19 law includes provisions to carry out at least (A) in paragraph (1)— U.S.C. 2346(b)) is amended— 2 of the following subparagraphs: (i) in the matter preceding subparagraph (1) by striking ‘‘and $4,000,000 for the 3- ‘‘(A) An individual shall not be denied reg- (A), by inserting ‘‘or service sector firm’’ month period beginning on October 1, 2007,’’ ular unemployment compensation under any after ‘‘any agricultural firm’’; and inserting ‘‘and $50,000,000 for each of fiscal State law provisions relating to availability (ii) in subparagraph (B)— years 2008 through 2012,’’ after ‘‘fiscal years for work, active search for work, or refusal (I) in clause (i), by striking ‘‘, or’’ and in- 2003 through 2007,’’; and to accept work, solely because such indi- serting a comma; (2) by inserting after the first sentence the vidual is seeking only part-time (and not (II) in clause (ii)— following: ‘‘Of the amounts appropriated pur- full-time) work, except that the State law (aa) by inserting ‘‘or service’’ after ‘‘of an suant to this subsection for each fiscal year, provisions carrying out this subparagraph article’’; and $350,000 shall be available for full-time posi- may exclude an individual if a majority of (bb) by striking ‘‘, and’’ and inserting a tions in the Department of Commerce to ad- the weeks of work in such individual’s base comma; and minister the program under this chapter.’’. period do not include part-time work. (III) by adding at the end the following: SEC. 203. INDUSTRY-WIDE PROGRAMS FOR THE ‘‘(B) An individual shall not be disqualified ‘‘(iii) sales or production, or both, of the DEVELOPMENT OF NEW SERVICES. from regular unemployment compensation firm, during the period consisting of not Section 265(a) of the Trade Act of 1974 (19 for separating from employment if that sepa- more than 36 months preceding the most re- U.S.C. 2355(a)) is amended— ration is for compelling family reasons. For cent 12-month period for which data are (1) in the first sentence, by striking ‘‘new purposes of this subparagraph, the term available, have decreased absolutely, or product development’’ and inserting ‘‘the de- ‘compelling family reasons’ includes at least ‘‘(iv) sales or production, or both, of an ar- velopment of new products and services’’; the following: ticle or service that accounted for not less and ‘‘(i) Domestic violence (verified by such than 25 percent of the total production or (2) in the second sentence, by inserting ‘‘, reasonable and confidential documentation sales of the firm during the 36-month period 223A,’’ after ‘‘223’’. as the State law may require) which causes preceding the most recent 12-month period TITLE III—UNEMPLOYMENT INSURANCE the individual reasonably to believe that for which data are available have decreased SEC. 301. SHORT TITLE. such individual’s continued employment absolutely, and’’; and This title may be cited as the ‘‘Unemploy- would jeopardize the safety of the individual (B) in the matter preceding subparagraph ment Insurance Modernization Act’’. or of any member of the individual’s imme- (A) of paragraph (2) , by striking ‘‘paragraph SEC. 302. SPECIAL TRANSFERS TO STATE AC- diate family. (1)(C)—’’ and inserting ‘‘paragraph (1)(C):’’; COUNTS IN THE UNEMPLOYMENT ‘‘(ii) The illness or disability of a member and TRUST FUND. of the individual’s immediate family. (3) by adding at the end the following: (a) IN GENERAL.—Section 903 of the Social ‘‘(iii) The need for the individual to accom- ‘‘(e) BASIS FOR THE DETERMINATION OF THE Security Act (42 U.S.C. 1103) is amended by pany such individual’s spouse— SECRETARY.— adding at the end the following: ‘‘(I) to a place from which it is impractical ‘‘(1) INCREASED IMPORTS.—For purposes of ‘‘Special Transfers in Fiscal Years 2008 for such individual to commute; and subsection (c)(1)(C), the Secretary— Through 2012 for Modernization ‘‘(II) due to a change in location of the ‘‘(A) may use data from any of the pre- ‘‘(f)(1)(A) In addition to any other spouse’s employment. ceding three calendar years to determine if amounts, the Secretary of Labor shall pro- ‘‘(C) Weekly unemployment compensation the requirements of such subsection have vide for the making of unemployment com- is payable under this subparagraph to any been met; and pensation modernization incentive payments individual who is unemployed (as determined ‘‘(B) may determine that increases of im- (hereinafter ‘incentive payments’) to the ac- under the State unemployment compensa- ports of like or directly competitive articles counts of the States in the Unemployment tion law), has exhausted all rights to regular or services exist if customers accounting for Trust Fund, by transfer from amounts re- and (if applicable) extended unemployment a significant percentage of the decrease in served for that purpose in the Federal unem- compensation under the State law, and is en- the sales of the firm certify to the Secretary ployment account, in accordance with suc- rolled and making satisfactory progress in a that such customers are obtaining such arti- ceeding provisions of this subsection. State-approved training program or in a job cles or services from a foreign country. ‘‘(B) The maximum incentive payment al- training program authorized under the ‘‘(2) PROCESS AND METHODS FOR OBTAINING lowable under this subsection with respect to Workforce Investment Act of 1998. Such pro- CERTIFICATIONS.— any State shall, as determined by the Sec- gram shall prepare individuals who have ‘‘(A) REQUEST BY PETITIONER.—If requested retary of Labor, be equal to the amount ob- been separated from a declining occupation, by a firm, the Secretary shall obtain the cer- tained by multiplying $7,000,000,000 times the or who have been involuntarily and indefi- tifications under paragraph (1)(B) in such same ratio as is applicable under subsection nitely separated from employment as a re- manner as the Secretary determines is ap- (a)(2)(B) for purposes of determining such sult of a permanent reduction of operations propriate. State’s share of any funds to be transferred at the individual’s place of employment, for ‘‘(B) PROTECTION OF CONFIDENTIAL INFORMA- under subsection (a) as of October 1, 2007. entry into a high-demand occupation. The TION.—The Secretary may not release infor- ‘‘(C) Of the maximum incentive payment amount of unemployment compensation pay- mation obtained under subparagraph (A) determined under subparagraph (B) with re- able under this subparagraph to an indi- that the Secretary considers to be confiden- spect to a State— vidual for a week of unemployment shall be

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.010 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12263 equal to the individual’s average weekly ben- Any amount so reserved for which the Sec- TITLE IV—MANUFACTURING efit amount (including dependents’ allow- retary of the Treasury has not received a REDEVELOPMENT ZONES ances) for the most recent benefit year, and certification under paragraph (4)(B) by the SEC. 401. MANUFACTURING REDEVELOPMENT the total amount of unemployment com- deadline described in paragraph (4)(C)(iii) ZONES. pensation payable under this subparagraph shall, upon the close of fiscal year 2012, be- (a) IN GENERAL.—Subchapter Y of chapter 1 to any individual shall be equal to at least 26 come unrestricted as to use as part of the of the Internal Revenue Code of 1986 is times the individual’s average weekly ben- Federal unemployment account. amended by adding at the end the following efit amount (including dependents’ allow- ‘‘(7) For purposes of this subsection, the new part: ances) for the most recent benefit year. terms ‘benefit year’, ‘base period’, and ‘week’ ‘‘PART III—MANUFACTURING ‘‘(4)(A) Any State seeking an incentive have the respective meanings given such REDEVELOPMENT ZONES payment under this subsection shall submit terms under section 205 of the Federal-State ‘‘Sec. 1400U–1. Designation of manufacturing an application therefor at such time, in such Extended Unemployment Compensation Act redevelopment zones. manner, and complete with such information of 1970 (26 U.S.C. 3304 note). ‘‘Sec. 1400U–2. Eligibility criteria. as the Secretary of Labor may by regulation ‘‘Special Transfers in Fiscal Years 2008 ‘‘Sec. 1400U–3. Manufacturing redevelop- prescribe, including information relating to Through 2012 for Administration ment tax credit bonds. compliance with the requirements of para- ‘‘(g)(1) Notwithstanding any other provi- ‘‘Sec. 1400U–4. Tax-exempt manufacturing graph (2) or (3), as well as how the State in- sion of this section, the total amount avail- zone facility bonds. tends to use the incentive payment to im- able for transfer to the accounts of the ‘‘Sec. 1400U–5. Additional low-income hous- prove or strengthen the State’s unemploy- States pursuant to subsection (a) as of the ing credits. ment compensation program. The Secretary beginning of each of fiscal years 2008, 2009, ‘‘SEC. 1400U–1. DESIGNATION OF MANUFAC- of Labor shall, within 90 days after receiving 2010, 2011, and 2012 shall be equal to the total TURING REDEVELOPMENT ZONES. ‘‘(a) IN GENERAL.—From among the areas a complete application, notify the State amount which (disregarding this subsection) nominated for designation under this sec- agency of the State of the Secretary’s find- would otherwise be so available, increased by tion, the Secretary may designate manufac- ings with respect to the requirements of $100,000,000. turing redevelopment zones. paragraph (2) or (3) (or both). ‘‘(2) Each State’s share of any additional ‘‘(B) If the Secretary of Labor finds that ‘‘(b) LIMITATIONS ON DESIGNATIONS.—The amount made available by this subsection the State law provisions (disregarding any Secretary may designate in the aggregate 24 shall be determined, certified, and computed State law provisions which are not then cur- nominated areas as manufacturing redevel- in the same manner as described in sub- rently in effect as permanent law or which opment zones, subject to the availability of section (a)(2) and shall be subject to the are subject to discontinuation under certain eligible nominated areas. The Secretary same limitations on transfers as described in conditions) meet the requirements of para- shall designate manufacturing redevelop- subsection (b). For purposes of applying sub- graph (2) or (3), as the case may be, the Sec- ment zones in such manner that the aggre- section (b)(2), the balance of any advances retary of Labor shall thereupon make a cer- gate population of all such zones does not ex- made to a State under section 1201 shall be tification to that effect to the Secretary of ceed 2,000,000. credited against, and operate to reduce (but the Treasury, together with a certification ‘‘(c) PERIOD DESIGNATION MAY BE MADE.—A not below zero)— as to the amount of the incentive payment designation may be made under subsection ‘‘(A) first, any additional amount which, as to be transferred to the State account pursu- (a) only during the 2-year period beginning a result of the enactment of this subsection, ant to that finding. The Secretary of the on the date of the enactment of this section. is to be transferred to the account of such Treasury shall make the appropriate trans- ‘‘(d) PERIOD FOR WHICH DESIGNATION ISIN State in a fiscal year; and fer within 30 days after receiving such cer- EFFECT.— ‘‘(B) second, any amount which (dis- tification. ‘‘(1) IN GENERAL.—Any designation under regarding this subsection) is otherwise to be ‘‘(C)(i) No certification of compliance with this section shall remain in effect during the transferred to the account of such State pur- the requirements of paragraph (2) or (3) may period beginning on the date of the designa- suant to subsections (a) and (b) in such fiscal be made with respect to any State whose tion and ending on the earliest of— year. State law is not otherwise eligible for cer- ‘‘(A) the close of the 10th calendar year be- ‘‘(3) Any additional amount transferred to tification under section 303 or approvable ginning on or after the date of the designa- the account of a State as a result of the en- under section 3304 of the Federal Unemploy- tion, actment of this subsection— ment Tax Act. ‘‘(B) the termination date designated by ‘‘(ii) No certification of compliance with ‘‘(A) may be used by the State agency of the State and local governments as provided the requirements of paragraph (3) may be such State only in the payment of expenses for in their nomination, or made with respect to any State whose State incurred by it for— ‘‘(C) the date the Secretary revokes the law is not in compliance with the require- ‘‘(i) the administration of the provisions of designation. ments of paragraph (2). its State law carrying out the purposes of ‘‘(2) REVOCATION OF DESIGNATION.—The Sec- ‘‘(iii) No application under subparagraph subsection (f)(2) or any subparagraph of sub- retary may revoke the designation under (A) may be considered if submitted before section (f)(3); this section of an area if such Secretary de- October 1, 2007, or after the latest date nec- ‘‘(ii) improved outreach to individuals who termines that the local government or the essary (as specified by the Secretary of might be eligible for regular unemployment State in which it is located— Labor in regulations) to ensure that all in- compensation by virtue of any provisions of ‘‘(A) has modified the boundaries of the centive payments under this subsection are the State law which are described in clause area, or made before October 1, 2012. (i); ‘‘(B) is not complying substantially with, ‘‘(5)(A) Except as provided in subparagraph ‘‘(iii) the improvement of unemployment or fails to make progress in achieving the (B), any amount transferred to the account benefit and unemployment tax operations; benchmarks set forth in, the strategic plan of a State under this subsection may be used and included with the application by such State only in the payment of cash ‘‘(iv) staff-assisted reemployment services ‘‘(e) LIMITATIONS ON DESIGNATIONS; APPLI- benefits to individuals with respect to their for unemployment compensation claimants; CATION.—Rules similar to the rules of sub- unemployment (including for dependents’ al- and sections (e) and (f) of section 1391 shall apply lowances and for unemployment compensa- ‘‘(B) shall be excluded from the application for purposes of this section except that the tion under paragraph (3)(C)), exclusive of ex- of subsection (c). rules of such subsection (f) shall be applied penses of administration. ‘‘(4) The total additional amount made with respect to the eligibility criteria speci- ‘‘(B) A State may, subject to the same con- available by this subsection in a fiscal year fied in section 1400U–2. ditions as set forth in subsection (c)(2) (ex- shall be taken out of the amounts remaining ‘‘(f) DETERMINATIONS OF POPULATION.—Any cluding subparagraph (B) thereof, and deem- in the employment security administration determination of population under this part ing the reference to ‘subsections (a) and (b)’ account after subtracting the total amount shall be made on the basis of the most recent in subparagraph (D) thereof to include this which (disregarding this subsection) is other- decennial census for which data are avail- subsection), use any amount transferred to wise required to be transferred from such ac- able. the account of such State under this sub- count in such fiscal year pursuant to sub- ‘‘SEC. 1400U–2. ELIGIBILITY CRITERIA. section for the administration of its unem- sections (a) and (b).’’. ‘‘(a) IN GENERAL.—A nominated area shall ployment compensation law and public em- (b) REGULATIONS.—The Secretary of Labor be eligible for designation under section ployment offices. may prescribe any regulations necessary to 1400U–1 only if— ‘‘(6) Out of any money in the Federal un- carry out the amendment made by sub- ‘‘(1) it meets each of the criteria specified employment account not otherwise appro- section (a). in section 1392(a), priated, the Secretary of the Treasury shall SEC. 303. EXTENSION OF FUTA TAX. ‘‘(2) the nominated area has experienced a reserve $7,000,000,000 for incentive payments Section 3301 of the Internal Revenue Code significant decline in the number of individ- under this subsection. Any amount so re- of 1986 (relating to rate of tax) is amended— uals employed in manufacturing or has a served shall not be taken into account for (1) by striking ‘‘2007’’ in paragraph (1) and high concentration of abandoned or under- purposes of any determination under section inserting ‘‘2012’’, and utilized manufacturing facilities, and 902, 910, or 1203 of the amount in the Federal (2) by striking ‘‘2008’’ in paragraph (2) and ‘‘(3) no portion of the nominated area is lo- unemployment account as of any given time. inserting ‘‘2013’’. cated in an empowerment zone or renewal

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.011 H31OCPT1 cnoel on PRODPC60 with HOUSE H12264 CONGRESSIONAL RECORD — HOUSE October 31, 2007 community, unless the local government under this section, the refunding obligation ‘‘(B) the aggregate increases under this which nominated the area elects to termi- shall be treated as designated under sub- subsection with respect to such zone for all nate such designation as an empowerment section (a)(2) (and shall not be taken into ac- preceding calendar years. zone or renewal community. count in applying paragraph (1)) if— ‘‘(b) MANUFACTURING ZONE HOUSING ‘‘(b) APPLICATION OF CERTAIN RULES; DEFI- ‘‘(A) the amount of the refunding bond AMOUNT.—For purposes of subsection (a), the NITIONS.—For purposes of this subchapter— does not exceed the outstanding amount of term ‘manufacturing zone housing amount’ ‘‘(1) rules similar to the rules of sub- the refunded bond, and means, with respect to any manufacturing sections (b), (c), and (d) of section 1392 and ‘‘(B) the refunded bond is redeemed not redevelopment zone, the product of $20 mul- paragraphs (4), (7), (8), and (9) of section later than 90 days after the date of issuance tiplied by the population of such zone. 1393(a) shall apply, and of the refunding bond. ‘‘(c) OTHER RULES.— ‘‘(2) any term defined in section 1393 shall ‘‘(c) LIMITATION ON AMOUNT OF BONDS AL- ‘‘(1) CARRYOVERS.—Rules similar to the have the same meaning when used in this LOCABLE TO ANY PERSON.— rules of section 1400N(c)(1)(C) shall apply for subchapter. ‘‘(1) IN GENERAL.—Subsection (a) shall not purposes of this section. ‘‘(c) DISCRETION TO ADJUST REQUIRE- apply to any issue if the aggregate amount ‘‘(2) RETURNED AMOUNTS.—If any amount of MENTS.—In determining whether a nomi- of outstanding manufacturing zone facility State housing credit ceiling which was taken nated area is eligible for designation as a bonds allocable to any person (taking into into account under subsection (a)(1) is re- manufacturing redevelopment zone, the Sec- account such issue) exceeds— turned within the meaning of section retary may, where necessary to carry out the ‘‘(A) $15,000,000 with respect to any 1 manu- 42(h)(3)(C)(iii)— purposes of this part, waive the requirement facturing redevelopment zone, or ‘‘(A) such amount shall not be taken into of section 1392(a)(4) if it is shown that the ‘‘(B) $20,000,000 with respect to all manu- account under such section, and nominated area has experienced a loss of facturing redevelopment zones. ‘‘(B) such allocation shall cease to be manufacturing jobs during the previous 20 ‘‘(2) AGGREGATE ENTERPRISE ZONE FACILITY treated as an increase under this subsection years which is in excess of 25 percent. BOND BENEFIT.—For purposes of paragraph for purposes of subsection (a)(2)(B) until re- allocated.’’. ‘‘SEC. 1400U–3. MANUFACTURING REDEVELOP- (1), the aggregate amount of outstanding (b) APPLICATION OF WORK OPPORTUNITY TAX MENT TAX CREDIT BONDS. manufacturing zone facility bonds allocable CREDIT TO MANUFACTURING REDEVELOPMENT ‘‘(a) IN GENERAL.—For purposes of subpart to any person shall be determined under ZONES.—Subparagraphs (A) and (B) of section rules similar to the rules of section I of part IV of subchapter A (relating to 51(d)(5) of such Code are each amended by in- 144(a)(10), taking into account only bonds to qualified tax credit bonds), the term ‘manu- serting ‘‘manufacturing redevelopment facturing redevelopment bond’ means any which subsection (a) applies. zone,’’ after ‘‘renewal community,’’. bond issued as part of an issue if— ‘‘(d) MANUFACTURING ZONE PROPERTY.—For (c) CONFORMING AMENDMENTS RELATED TO ‘‘(1) 100 percent of the available project purposes of this section— MANUFACTURING REDEVELOPMENT TAX CREDIT proceeds of such issue are to be used for one ‘‘(1) IN GENERAL.—The term ‘manufac- BONDS.— or more qualified manufacturing redevelop- turing zone property’ means any property to (1) GENERAL RULES.—Part IV of subchapter ment purposes, which section 168 applies (or would apply but A of chapter 1 of such Code (relating to cred- ‘‘(2) the bond is not a private activity for section 179) if— its against tax) is amended by adding at the bond, and ‘‘(A) such property was acquired by the end the following new subpart: taxpayer by purchase (as defined in section ‘‘(3) the local government which nominated ‘‘Subpart I—Qualified Tax Credit Bonds the area to which such bond relates des- 179(d)(2)) after the date on which the designa- ‘‘Sec. 54A. Credit to holders of qualified tax ignates such bond for purposes of this sec- tion of the manufacturing redevelopment credit bonds. tion. zone took effect, ‘‘SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- ‘‘(B) the original use of which in the manu- TAX CREDIT BONDS. IGNATED.—The maximum aggregate face facturing redevelopment zone commences ‘‘(a) ALLOWANCE OF CREDIT.—If a taxpayer with the taxpayer, and amount of bonds which may be designated holds a qualified tax credit bond on one or under subsection (a) with respect to any ‘‘(C) substantially all of the use of which is more credit allowance dates of the bond dur- manufacturing redevelopment zone shall not in the manufacturing redevelopment zone ing any taxable year, there shall be allowed exceed $150,000,000. and is in the active conduct of a qualified as a credit against the tax imposed by this ‘‘(c) QUALIFIED MANUFACTURING REDEVEL- business by the taxpayer in such zone. chapter for the taxable year an amount OPMENT PURPOSE.—For purposes of this sec- ‘‘(2) QUALIFIED BUSINESS.—The term ‘quali- equal to the sum of the credits determined tion, the term ‘qualified manufacturing rede- fied business’ means any trade or business under subsection (b) with respect to such velopment purposes’ means capital expendi- except that— dates. tures paid or incurred with respect to prop- ‘‘(A) the rental to others of real property ‘‘(b) AMOUNT OF CREDIT.— erty located in a manufacturing redevelop- located in a manufacturing redevelopment ‘‘(1) IN GENERAL.—The amount of the credit ment zone for purposes of promoting devel- zone shall be treated as a qualified business determined under this subsection with re- opment or other economic activity in such only if the property is not residential rental spect to any credit allowance date for a zone, including expenditures for environ- property (as defined in section 168(e)(2)), and qualified tax credit bond is 25 percent of the mental remediation, improvements to public ‘‘(B) such term shall not include any trade annual credit determined with respect to infrastructure, and construction of public fa- or business consisting of the operation of such bond. cilities. any facility described in section 144(c)(6)(B). ‘‘(2) ANNUAL CREDIT.—The annual credit de- ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(3) SPECIAL RULES FOR SUBSTANTIAL REN- termined with respect to any qualified tax tion, any term used in this section which is OVATIONS AND SALE-LEASEBACK.—Rules simi- credit bond is the product of— also used in section 54A shall have the same lar to the rules of subsections (a)(2) and (b) ‘‘(A) the applicable credit rate, multiplied meaning given such term by section 54A. of section 1397D shall apply for purposes of by ‘‘SEC. 1400U–4. TAX-EXEMPT MANUFACTURING this subsection. ‘‘(B) the outstanding face amount of the ZONE FACILITY BONDS. ‘‘(e) NONAPPLICATION OF CERTAIN RULES.— bond. ‘‘(a) IN GENERAL.—For purposes of part IV Sections 57(a)(5) (relating to tax-exempt in- ‘‘(3) APPLICABLE CREDIT RATE.—For pur- of subchapter B (relating to tax exemption terest), 146 (relating to volume cap), and poses of paragraph (2), the applicable credit requirements for State and local bonds), the 147(d) (relating to acquisition of existing rate is the rate which the Secretary esti- term ‘exempt facility bond’ includes any property not permitted) shall not apply to mates will permit the issuance of qualified bond issued as part of an issue if— any manufacturing zone facility bond. tax credit bonds with a specified maturity or ‘‘(1) 95 percent or more of the net proceeds ‘‘SEC. 1400U–5. ADDITIONAL LOW-INCOME HOUS- redemption date without discount and with- (as defined in section 150(a)(3)) of such issue ING CREDITS. out interest cost to the qualified issuer. The are to be used for manufacturing zone prop- ‘‘(a) IN GENERAL.—For purposes of section applicable credit rate with respect to any erty, and 42, in the case of each calendar year during qualified tax credit bond shall be determined ‘‘(2) the local government which nominated which the designation of a manufacturing re- as of the first day on which there is a bind- the area to which such bond relates des- development zone is in effect, the State ing, written contract for the sale or ex- ignates such bond for purposes of this sec- housing credit ceiling of the State which in- change of the bond. tion. cludes such manufacturing redevelopment ‘‘(4) SPECIAL RULE FOR ISSUANCE AND RE- ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- zone shall be increased by the lesser of— DEMPTION.—In the case of a bond which is IGNATED.— ‘‘(1) the aggregate housing credit dollar issued during the 3-month period ending on a ‘‘(1) IN GENERAL.—The aggregate face amount allocated by the State housing cred- credit allowance date, the amount of the amount of bonds which may be designated it agency of such State to buildings located credit determined under this subsection with under subsection (a)(2) with respect to any in such manufacturing redevelopment zone respect to such credit allowance date shall manufacturing redevelopment zone shall not for such calendar year, or be a ratable portion of the credit otherwise exceed $230,000,000. ‘‘(2) the excess of— determined based on the portion of the 3- ‘‘(2) CURRENT REFUNDING NOT TAKEN INTO ‘‘(A) the manufacturing zone housing month period during which the bond is out- ACCOUNT.—In the case of a refunding (or se- amount with respect to such manufacturing standing. A similar rule shall apply when the ries of refundings) of a bond designated redevelopment zone, over bond is redeemed or matures.

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‘‘(c) LIMITATION BASED ON AMOUNT OF ‘‘(ii) not later than 60 days after payment ‘‘(B) the proceeds from any investment of TAX.— of the original expenditure, the issuer adopts the excess described in subparagraph (A). ‘‘(1) IN GENERAL.—The credit allowed under an official intent to reimburse the original ‘‘(f) CREDIT TREATED AS INTEREST.—For subsection (a) for any taxable year shall not expenditure with such proceeds, and purposes of this subtitle, the credit deter- exceed the excess of— ‘‘(iii) the reimbursement is made not later mined under subsection (a) shall be treated ‘‘(A) the sum of the regular tax liability than 18 months after the date the original as interest which is includible in gross in- (as defined in section 26(b)) plus the tax im- expenditure is paid. come. posed by section 55, over ‘‘(3) REPORTING.—An issue shall be treated ‘‘(g) S CORPORATIONS AND PARTNERSHIPS.— ‘‘(B) the sum of the credits allowable under as meeting the requirements of this para- In the case of a tax credit bond held by an S this part (other than subpart C and this sub- graph if the issuer of qualified tax credit corporation or partnership, the allocation of part). bonds submits reports similar to the reports the credit allowed by this section to the ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the required under section 149(e). shareholders of such corporation or partners of such partnership shall be treated as a dis- credit allowable under subsection (a) exceeds ‘‘(4) SPECIAL RULES RELATING TO ARBI- tribution. the limitation imposed by paragraph (1) for TRAGE.— ‘‘(h) BONDS HELD BY REGULATED INVEST- such taxable year, such excess shall be car- ‘‘(A) IN GENERAL.—An issue shall be treated MENT COMPANIES AND REAL ESTATE INVEST- ried to the succeeding taxable year and as meeting the requirements of this para- MENT TRUSTS.—If any qualified tax credit added to the credit allowable under sub- graph if the issuer satisfies the requirements bond is held by a regulated investment com- section (a) for such taxable year (determined of section 148 with respect to the proceeds of pany or a real estate investment trust, the before the application of paragraph (1) for the issue. credit determined under subsection (a) shall such succeeding taxable year). PECIAL RULE FOR INVESTMENTS DUR- ‘‘(B) S be allowed to shareholders of such company ‘‘(d) QUALIFIED TAX CREDIT BOND.—For ING EXPENDITURE PERIOD.—An issue shall not purposes of this section— or beneficiaries of such trust (and any gross be treated as failing to meet the require- income included under subsection (f) with re- ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term ments of subparagraph (A) by reason of any ‘qualified tax credit bond’ means a manufac- spect to such credit shall be treated as dis- investment of available project proceeds dur- tributed to such shareholders or bene- turing redevelopment bond (as defined in ing the expenditure period. section 1400U–3) which is part of an issue ficiaries) under procedures prescribed by the ‘‘(C) SPECIAL RULE FOR RESERVE FUNDS.— Secretary. that meets the requirements of paragraphs An issue shall not be treated as failing to (2), (3), (4), (5), and (6). ‘‘(i) CREDITS MAY BE STRIPPED.—Under reg- meet the requirements of subparagraph (A) ‘‘(2) SPECIAL RULES RELATING TO EXPENDI- ulations prescribed by the Secretary— by reason of any fund which is expected to be TURES.— ‘‘(1) IN GENERAL.—There may be a separa- used to repay such issue if— ‘‘(A) IN GENERAL.—An issue shall be treated tion (including at issuance) of the ownership ‘‘(i) such fund is funded at a rate not more as meeting the requirements of this para- of a qualified tax credit bond and the entitle- rapid than equal annual installments, graph if, as of the date of issuance, the issuer ment to the credit under this section with ‘‘(ii) such fund is funded in a manner that reasonably expects— respect to such bond. In case of any such sep- such fund will not exceed the amount nec- ‘‘(i) 100 percent or more of the available aration, the credit under this section shall essary to repay the issue if invested at the project proceeds to be spent for 1 or more be allowed to the person who on the credit qualified purposes within the 3-year period maximum rate permitted under clause (iii), allowance date holds the instrument evi- beginning on such date of issuance, and and dencing the entitlement to the credit and ‘‘(ii) a binding commitment with a third ‘‘(iii) the yield on such fund is not greater not to the holder of the bond. party to spend at least 10 percent of such than the discount rate determined under ‘‘(2) CERTAIN RULES TO APPLY.—In the case available project proceeds will be incurred paragraph (5)(B) with respect to the issue. of a separation described in paragraph (1), within the 6-month period beginning on such ‘‘(5) MATURITY LIMITATION.— the rules of section 1286 shall apply to the date of issuance. ‘‘(A) IN GENERAL.—An issue shall not be qualified tax credit bond as if it were a ‘‘(B) FAILURE TO SPEND REQUIRED AMOUNT treated as meeting the requirements of this stripped bond and to the credit under this OF BOND PROCEEDS WITHIN 3 YEARS.— paragraph if the maturity of any bond which section as if it were a stripped coupon.’’. ‘‘(i) IN GENERAL.—To the extent that less is part of such issue exceeds the maximum (2) REPORTING.—Subsection (d) of section than 100 percent of the available project pro- term determined by the Secretary under sub- 6049 of such Code (relating to returns regard- ceeds of the issue are expended by the close paragraph (B). ing payments of interest) is amended by add- of the expenditure period for 1 or more quali- ‘‘(B) MAXIMUM TERM.—During each cal- ing at the end the following new paragraph: fied purposes, the issuer shall redeem all of endar month, the Secretary shall determine ‘‘(9) REPORTING OF CREDIT ON QUALIFIED TAX the nonqualified bonds within 90 days after the maximum term permitted under this CREDIT BONDS.— the end of such period. For purposes of this paragraph for bonds issued during the fol- ‘‘(A) IN GENERAL.—For purposes of sub- paragraph, the amount of the nonqualified lowing calendar month. Such maximum section (a), the term ‘interest’ includes bonds required to be redeemed shall be deter- term shall be the term which the Secretary amounts includible in gross income under mined in the same manner as under section estimates will result in the present value of section 54A and such amounts shall be treat- 142. the obligation to repay the principal on the ed as paid on the credit allowance date (as ‘‘(ii) EXPENDITURE PERIOD.—For purposes of bond being equal to 50 percent of the face defined in section 54A(e)(1)). this subpart, the term ‘expenditure period’ amount of such bond. Such present value ‘‘(B) REPORTING TO CORPORATIONS, ETC.— means, with respect to any issue, the 3-year shall be determined using as a discount rate Except as otherwise provided in regulations, period beginning on the date of issuance. the average annual interest rate of tax-ex- in the case of any interest described in sub- Such term shall include any extension of empt obligations having a term of 10 years or paragraph (A) of this paragraph, subsection such period under clause (iii). more which are issued during the month. If (b)(4) of this section shall be applied without ‘‘(iii) EXTENSION OF PERIOD.—Upon submis- the term as so determined is not a multiple regard to subparagraphs (A), (H), (I), (J), (K), sion of a request prior to the expiration of of a whole year, such term shall be rounded and (L)(i). the expenditure period (determined without to the next highest whole year. ‘‘(C) REGULATORY AUTHORITY.—The Sec- regard to any extension under this clause), ‘‘(e) OTHER DEFINITIONS.—For purposes of retary may prescribe such regulations as are the Secretary may extend such period if the this subchapter— necessary or appropriate to carry out the issuer establishes that the failure to expend ‘‘(1) CREDIT ALLOWANCE DATE.—The term purposes of this paragraph, including regula- the proceeds within the original expenditure ‘credit allowance date’ means— tions which require more frequent or more period is due to reasonable cause and the ex- ‘‘(A) March 15, detailed reporting.’’. penditures for qualified purposes will con- ‘‘(B) June 15, (3) OTHER CONFORMING AMENDMENTS RE- tinue to proceed with due diligence. ‘‘(C) September 15, and LATED TO TAX CREDIT BONDS.— ‘‘(C) QUALIFIED PURPOSE.—For purposes of ‘‘(D) December 15. (A) Sections 54(c)(2) and 1400N(l)(3)(B) of this paragraph, the term ‘qualified purpose’ Such term includes the last day on which the such Code are each amended by striking means a purpose specified in section 1400U- bond is outstanding. ‘‘subpart C’’ and inserting ‘‘subparts C and 3(a)(1). ‘‘(2) BOND.—The term ‘bond’ includes any I’’. ‘‘(D) REIMBURSEMENT.—For purposes of this obligation. (B) Section 1397E(c)(2) of such Code is subtitle, available project proceeds of an ‘‘(3) STATE.—The term ‘State’ includes the amended by striking ‘‘subpart H’’ and insert- issue shall be treated as spent for a qualified District of Columbia and any possession of ing ‘‘subparts H and I’’. purpose if such proceeds are used to reim- the United States. (C) Section 6401(b)(1) of such Code is burse the issuer for amounts paid for a quali- ‘‘(4) AVAILABLE PROJECT PROCEEDS.—The amended by striking ‘‘and H’’ and inserting fied purpose after the date that the Sec- term ‘available project proceeds’ means— ‘‘H, and I’’. retary makes an allocation of bond limita- ‘‘(A) the excess of— (D) The heading of subpart H of part IV of tion with respect to such issue, but only if— ‘‘(i) the proceeds from the sale of an issue, subchapter A of chapter 1 of such Code is ‘‘(i) prior to the payment of the original over amended by striking ‘‘Certain Bonds’’ and expenditure, the issuer declared its intent to ‘‘(ii) the issuance costs financed by the inserting ‘‘Clean Renewable Energy Bonds’’. reimburse such expenditure with the pro- issue (to the extent that such costs do not (E) The table of subparts for part IV of sub- ceeds of a qualified tax credit bond, exceed 2 percent of such proceeds), and chapter A of chapter 1 of such Code is

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.011 H31OCPT1 cnoel on PRODPC60 with HOUSE H12266 CONGRESSIONAL RECORD — HOUSE October 31, 2007 amended by striking the item relating to Sec. 123. Limitations on trade readjustment al- (3) While the United States manufacturing subpart H and inserting the following new lowances; allowances for extended sector has been the hardest hit by increased un- items: training and breaks in training. employment, the United States service sector has ‘‘SUBPART H—NONREFUNDABLE CREDIT TO Sec. 124. Special rules for calculation of eligi- also seen declines as jobs have moved to low-cost HOLDERS OF CLEAN RENEWABLE ENERGY BONDS bility period. labor markets, such as China, India, and the Sec. 125. Application of State laws and regula- Philippines. ‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’. tions on good cause for waiver of (4) Promoting the economic growth and com- (d) CLERICAL AMENDMENT.—The table of time limits or late filing of claims. petitiveness of the United States requires— parts for subchapter Y of chapter 1 of such Sec. 126. Employment and case management (A) opening substantial new markets for Code is amended by adding at the end the services. United States goods, services, and farm prod- following new item: Sec. 127. Training. ucts; ‘‘PART III—MANUFACTURING REDEVELOPMENT Sec. 128. Prerequisite education; approved (B) building a strong framework of rules for BONDS’’. training programs. international trade to level the playing field for (e) EFFECTIVE DATE.— Sec. 129. Eligibility for unemployment insur- United States workers and businesses in all sec- (1) IN GENERAL.—Except as otherwise pro- ance and program benefits while tors of the economy; and vided in this subsection, the amendments in training. (C) helping those affected by globalization made by this section shall apply to taxable Sec. 130. Administrative expenses and employ- overcome its challenges and succeed. years ending after the date of the enactment ment and case management serv- (5) Congress created the trade adjustment as- of this Act. ices. sistance program in 1962 to provide United (2) BOND PROVISIONS.—Sections 1400U-3 and Sec. 131. Job search and relocation allowances. States workers who lose their jobs because of 1400U-4 of the Internal Revenue Code of 1986 Subtitle D—Health Care Provisions foreign competition with government-funded (as added by subsection (a)), and the amend- training and associated income support to en- Sec. 141. Modifications relating health insur- able such workers to transition to new, good- ments made by subsection (c), shall apply to ance assistance for certain TAA obligations issued after the date of the en- paying jobs. and PBGC pension recipients. (6) Unfortunately, the trade adjustment as- actment of this Act. Sec. 142. Extension of COBRA benefits for cer- (3) WORK OPPORTUNITY TAX CREDIT.—The sistance program has not kept pace with tain TAA-eligible individuals and globalization and it is failing to ensure that all amendments made by subsection (b) shall PBGC recipients. apply to individuals who begin work for the workers adversely affected by trade receive the employer after the date of the enactment of Subtitle E—Wage Insurance assistance they need and deserve. this Act. Sec. 151. Reemployment trade adjustment as- (7) Workers in the service sector, who make up approximately 80 percent of the United States SEC. 402. DELAY IN APPLICATION OF WORLD- sistance program for older work- WIDE INTEREST ALLOCATION. ers. workforce, are ineligible for trade adjustment assistance. (a) IN GENERAL.—Paragraphs (5)(D) and (6) Subtitle F—Other Matters (8) Inadequate funding for training leaves of section 864(f) of the Internal Revenue Code Sec. 161. Restriction on eligibility for program many dislocated workers without access to the of 1986 are each amended by striking ‘‘De- benefits. retraining they need to find good-paying jobs. cember 31, 2008’’ and inserting ‘‘December 31, Sec. 162. Agreements with States. (9) Unnecessary, unduly burdensome, and 2011’’. Sec. 163. Fraud and recovery of overpayments. confusing program eligibility rules prevent (b) EFFECTIVE DATE.—The amendments Sec. 164. Technical amendments. workers from gaining access to benefits for made by this section shall apply to taxable Sec. 165. Office of Trade Adjustment Assist- which they are eligible. years beginning after December 31, 2008. ance; Deputy Assistant Secretary (10) The health coverage tax credit suffers The SPEAKER pro tempore (Mr. for Trade Adjustment Assistance. from fundamental flaws and, as a result, the SERRANO). Pursuant to House Resolu- Sec. 166. Collection of data and reports; infor- credit is not being used by the vast majority of tion 781, the amendment in the nature mation to workers. people who are eligible for it, despite a clear of a substitute printed in the bill, Sec. 167. Extension of TAA program. need for access to affordable health care. Sec. 168. Judicial review. (11) To meet the challenges posed by modified by the amendment printed in Sec. 169. Liberal construction of certification of part A of House Report 110–417, is globalization and to preserve the critical role workers and firms. that United States workers play in promoting adopted and the bill, as amended, is TITLE II—TRADE ADJUSTMENT the strength and prosperity of the United States, considered read. ASSISTANCE FOR FIRMS the trade adjustment assistance program must The text of the bill, as amended, is as Sec. 201. Trade adjustment assistance for firms. be reformed. follows: Sec. 202. Extension of authorization of trade TITLE I—TRADE ADJUSTMENT H.R. 3920 adjustment assistance for firms. ASSISTANCE FOR WORKERS Be it enacted by the Senate and House of Rep- Sec. 203. Industry-wide programs for the devel- Subtitle A—Trade Adjustment Assistance for resentatives of the United States of America in opment of new services. Service Sector Workers; Expansion of Cov- Congress assembled, Sec. 204. Demonstration project on strategic ered Shifts in Production; Expansion of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. trade transformation assistance. Downstream Secondary Worker Eligibility (a) SHORT TITLE.—This Act may be cited as TITLE III—TRADE ADJUSTMENT SEC. 101. EXTENSION OF TRADE ADJUSTMENT AS- the ‘‘Trade and Globalization Assistance Act of ASSISTANCE FOR FARMERS SISTANCE TO SERVICES SECTOR; 2007’’. Sec. 301. Eligibility of certain other producers. SHIFTS IN PRODUCTION. (b) TABLE OF CONTENTS.—The table of con- TITLE IV—UNEMPLOYMENT INSURANCE (a) PETITIONS.—Section 221(a) of the Trade tents for this Act is as follows: Act of 1974 (19 U.S.C. 2271(a)(1)) is amended— Sec. 301. Short title. (1) in paragraph (1)— Sec. 1. Short title; table of contents. Sec. 302. Special transfers to State accounts in Sec. 2. Findings. (A) in the matter preceding subparagraph the Unemployment Trust Fund. (A)— TITLE I—TRADE ADJUSTMENT Sec. 303. Extension of FUTA tax. (i) by striking ‘‘Secretary’’ and inserting ‘‘Sec- ASSISTANCE FOR WORKERS Sec. 304. Safety Net Review Commission. retary of Labor’’; and Subtitle A—Trade Adjustment Assistance for TITLE V—MANUFACTURING (ii) by striking ‘‘or subdivision’’ and inserting Service Sector Workers; Expansion of Covered REDEVELOPMENT ZONES ‘‘or public agency, or subdivision of a firm or Shifts in Production; Expansion of Down- Sec. 401. Manufacturing redevelopment zones. public agency,’’; and stream Secondary Worker Eligibility Sec. 402. Delay in application of worldwide in- (B) in subparagraph (A), by striking ‘‘firm)’’ Sec. 101. Extension of trade adjustment assist- terest allocation. and inserting ‘‘firm, and workers in a service sector firm or subdivision of a service sector ance to services sector; shifts in TITLE VI—WORKER ADJUSTMENT AND firm, or of a public agency or subdivision there- production. RETRAINING NOTIFICATION Sec. 102. Determinations by Secretary of Labor. of)’’; and Sec. 103. Monitoring and reporting relating to Sec. 601. Short title. (2) in paragraph (3), by inserting ‘‘and on the service sector. Sec. 602. Amendments to the WARN Act. Website of the Department of Labor’’ after Sec. 603. Effective date. Subtitle B—Industry-Wide Trade Adjustment ‘‘Federal Register’’. Assistance SEC. 2. FINDINGS. (b) GROUP ELIGIBILITY REQUIREMENTS.— Congress makes the following findings: (1) IN GENERAL.—Subsection (a) of section 222 Sec. 111. Industry-wide determinations. (1) Since January 2001, the United States of the Trade Act of 1974 (19 U.S.C. 2272) is Sec. 112. Notifications regarding affirmative de- economy has lost nearly 3 million jobs in the amended— terminations and safeguards. manufacturing sector alone. (A) in the matter preceding paragraph (1), by Sec. 113. Notification to Secretary of Commerce. (2) Today, over 7.1 million people in the striking ‘‘(including workers in any agricultural Subtitle C—Program Benefits United States are unemployed, and nearly 1.2 firm or subdivision of an agricultural firm)’’ and Sec. 121. Qualifying requirements for workers. million of those individuals have been unem- inserting ‘‘(other than workers in a public agen- Sec. 122. Weekly amounts. ployed for 6 months or longer. cy)’’;

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(B) in paragraph (2)— (5) BASIS FOR SECRETARY’S DETERMINATIONS.— (3) in subsection (d)— (i) in subparagraph (A)(ii), by striking ‘‘like Such section is further amended by adding at (A) by striking ‘‘subdivision of the firm’’ and or directly competitive with articles produced’’ the end the following: all that follows through ‘‘he shall’’ and insert- and inserting ‘‘or services like or directly com- ‘‘(e) BASIS FOR SECRETARY’S DETERMINA- ing ‘‘subdivision of the firm, or of a public agen- petitive with articles produced or services pro- TIONS.— cy or subdivision of a public agency, that total vided’’; and ‘‘(1) INCREASED IMPORTS OF SERVICES.—For or partial separations from such firm (or sub- (ii) by striking subparagraph (B) and insert- purposes of subsection (a)(2)(A)(ii), the Sec- division) or public agency (or subdivision) are ing the following: retary may determine that increased imports of no longer attributable to the conditions specified ‘‘(B)(i) there has been a shift, by such work- like or directly competitive services exist if the in section 222, the Secretary shall’’; and ers’ firm or subdivision to a foreign country, of customers of the workers’ firm or subdivision ac- (B) by striking ‘‘together with his reasons’’ production of articles, or in provision of serv- counting for not less than 20 percent of the sales and inserting ‘‘and on the Website of the De- ices, like or directly competitive with articles of the workers’ firm or subdivision (as the case partment of Labor, together with the Secretary’s produced, or services provided, by such firm or may be) certify to the Secretary that such cus- reasons’’. subdivision; or tomers are obtaining such services from a for- SEC. 103. MONITORING AND REPORTING RELAT- ‘‘(ii) such workers’ firm or subdivision has ob- eign country. ING TO SERVICE SECTOR. ‘‘(2) SHIFT IN PRODUCTION; OBTAINING ARTI- tained or is likely to obtain articles or services (a) IN GENERAL.—Section 282 of the Trade Act described in clause (i) from a foreign country.’’. CLES OR SERVICES ABROAD.—For purposes of of 1974 (19 U.S.C. 2393) is amended— subsections (a)(2)(B) and (b)(2), the Secretary (2) WORKERS IN PUBLIC AGENCIES.—Such sec- (1) in the heading, by striking ‘‘SYSTEM’’ may determine that there has been a shift in tion is further amended— and inserting ‘‘AND DATA COLLECTION’’; (A) by redesignating subsections (b) and (c) as production of articles or provision of services, or (2) in the first sentence— subsections (c) and (d), respectively; and that a workers’ firm or public agency, or sub- (A) by striking ‘‘The Secretary’’ and inserting (B) by inserting after subsection (a) the fol- division thereof, has obtained or is likely to ob- ‘‘(a) MONITORING PROGRAMS.—The Secretary’’; lowing: tain like or directly competitive articles or serv- (B) by inserting ‘‘and services’’ after ‘‘imports ‘‘(b) ADVERSELY AFFECTED WORKERS IN PUB- ices from a foreign country, based on a certifi- of articles’’; LIC AGENCIES.—A group of workers in a public cation thereof from the workers’ firm, public (C) by inserting ‘‘and domestic provision of agency shall be certified by the Secretary as eli- agency, or subdivision (as the case may be). services’’ after ‘‘domestic production’’; ‘‘(3) PROCESS AND METHODS FOR OBTAINING gible to apply for adjustment assistance under (D) by inserting ‘‘or providing services’’ after CERTIFICATIONS.— this chapter pursuant to a petition filed under ‘‘producing articles’’; and ‘‘(A) REQUEST BY PETITIONER.—If requested section 221 if the Secretary determines that— (E) by inserting ‘‘, or provision of services,’’ ‘‘(1) a significant number or proportion of the by the petitioner, the Secretary shall obtain the after ‘‘changes in production’’; and workers in the public agency, or an appropriate certifications under paragraphs (1) and (2) in (3) by adding at the end the following: subdivision of the public agency, have become such manner as the Secretary determines is ap- ‘‘(b) COLLECTION OF DATA AND REPORTS ON totally or partially separated, or are threatened propriate, including by issuing subpoenas under SERVICE SECTOR.— to become totally or partially separated; and section 249 when necessary. ‘‘(1) SECRETARY OF LABOR.—Not later than 90 ‘‘(2) the public agency or subdivision has ob- ‘‘(B) PROTECTION OF CONFIDENTIAL INFORMA- days after the date of the enactment of the tained or is likely to obtain from a foreign coun- TION.—The Secretary may not release informa- Trade and Globalization Assistance Act of 2007, try services that would otherwise be provided by tion obtained under subparagraph (A) that the the Secretary of Labor shall implement a system such agency or subdivision.’’. Secretary considers to be confidential business to collect data on adversely affected workers em- (3) ADVERSELY AFFECTED SECONDARY WORK- information unless the party submitting the con- ployed in the service sector that includes the ERS.—Subsection (c) of such section (as redesig- fidential business information had notice, at the number of workers by State, industry, and cause nated by paragraph (2)(A) of this subsection) is time of submission, that such information would of dislocation of each worker. amended— be released by the Secretary, or such party sub- ‘‘(2) SECRETARY OF COMMERCE.—Not later (A) in the matter preceding paragraph (1), by sequently consents to the release of the informa- than 1 year after such date of enactment, the striking ‘‘agricultural firm)’’ and inserting ‘‘ag- tion. Nothing in this subparagraph shall be con- Secretary of Commerce shall, in consultation ricultural firm, and workers in a service sector strued to prohibit a court from requiring the with the Secretary of Labor, conduct a study firm or subdivision of a service sector firm)’’; submission of such confidential business infor- (B) in paragraph (2)— mation to the court in camera.’’. and report to Congress on ways to improve the (i) by inserting ‘‘or service’’ after ‘‘related to (c) DEFINITIONS.—Section 247 of the Trade Act timeliness and coverage of data on trade in serv- the article’’; and of 1974 (19 U.S.C. 2319) is amended— ices, including methods to identify increased im- (ii) by striking ‘‘(c)(3)’’ and inserting ‘‘(d)(3)’’; (1) in the matter preceding paragraph (1), by ports due to the relocation of United States and striking ‘‘chapter—’’ and inserting ‘‘chapter:’’; firms to foreign countries, and increased imports (C) in paragraph (3)(A), by striking ‘‘it sup- (2) in paragraph (1)— due to United States firms obtaining services plied to the firm (or subdivision)’’ and inserting (A) by inserting ‘‘, or employment in a public from firms in foreign countries.’’. ‘‘or services it supplied to the firm (or subdivi- agency or appropriate subdivision of a public (b) CLERICAL AMENDMENT.—The table of con- sion)’’. agency,’’ after ‘‘of a firm’’; and tents for title II of the Trade Act of 1974 is (B) by striking ‘‘such firm or subdivision’’ in- (4) DEFINITIONS AND ELIGIBILITY.—Subsection amended by striking the item relating to section serting ‘‘such firm (or subdivision) or public (d) of such section (as redesignated by para- 282 and inserting the following: agency (or subdivision)’’; graph (2)(A) of this subsection) is amended— ‘‘Sec. 282. Trade monitoring and data collec- (3) in paragraph (2), by striking ‘‘employ- (A) by striking ‘‘(d) For purposes of this sec- tion.’’. ment—’’ and all that follows and inserting ‘‘em- tion—’’ and inserting ‘‘(d) DEFINITIONS AND ELI- ployment, has been totally or partially sepa- Subtitle B—Industry-Wide Trade Adjustment GIBILITY.—For purposes of this section:’’ rated from such employment.’’; Assistance (B) in paragraph (3), to read as follows: (4) by redesignating paragraphs (8) through SEC. 111. INDUSTRY-WIDE DETERMINATIONS. ‘‘(3) DOWNSTREAM PRODUCER.—The term (17) as paragraphs (10) through (19), respec- ‘downstream producer’ means a firm that per- (a) IN GENERAL.—Subchapter A of chapter 2 tively; and of title II of the Trade Act of 1974 (19 U.S.C. forms additional, value-added production proc- (5) by inserting after paragraph (6) the fol- esses or services for a firm or subdivision, in- 2271 et seq.) is amended by adding after section lowing: 223 the following: cluding a firm that performs final assembly, fin- ‘‘(7) The term ‘public agency’ means a depart- ‘‘SEC. 223A. INDUSTRY-WIDE DETERMINATIONS. ishing, testing, packaging, or maintenance or ment or agency of a State or local government or transportation services directly for another firm of the Federal Government. ‘‘(a) INVESTIGATION.—Upon the request of the (or subdivision), for articles or services that ‘‘(8) The term ‘service sector firm’ means an President or the United States Trade Represent- were the basis for a certification of eligibility entity engaged in the business of providing serv- ative, or the resolution of either the Committee under subsection (a) of a group of workers em- ices. on Finance of the Senate or the Committee on ployed by such other firm (or subdivision).’’; ‘‘(9) Except as otherwise provided, the term Ways and Means of the House of Representa- (C) in paragraph (4)— ‘Secretary’ means the Secretary of Labor.’’. tives, with respect to a domestic industry, or if (i) by striking ‘‘for articles’’ and inserting ‘‘, SEC. 102. DETERMINATIONS BY SECRETARY OF the Secretary certifies groups of workers in a do- or services, used in the production of articles or LABOR. mestic industry under section 223(a) pursuant to in the provision of services, as the case may Section 223 of the Trade Act of 1974 (19 U.S.C. 3 petitions within a 180-day period, the Sec- be,’’; and 2273) is amended— retary shall promptly initiate an investigation (ii) by inserting ‘‘(or subdivision)’’ after ‘‘such (1) in subsection (b), by striking ‘‘before his under this chapter to determine the eligibility other firm’’; and application’’ and all that follows and inserting for adjustment assistance of— (D) by adding at the end the following: ‘‘before the worker’s application under section ‘‘(1) all workers in that domestic industry; or ‘‘(5) FIRMS IDENTIFIED BY ITC.—A petition 231 occurred more than one year before the date ‘‘(2) all workers in that domestic industry in a filed under section 221 covering a group of of the petition on which such certification was specific geographic region. workers from a firm or appropriate subdivision granted.’’; ‘‘(b) DETERMINATION REGARDING INDUSTRY- of a firm meets the requirements of subsection (2) in subsection (c), by striking ‘‘together WIDE CERTIFICATION.—The Secretary shall, not (a) if the firm is identified by the International with his reasons’’ and inserting ‘‘and on the later than 60 days after receiving a request or Trade Commission under subsection (c), (d), or Website of the Department of Labor, together resolution described in subsection (a) with re- (e) of section 224.’’. with the Secretary’s reasons’’; and spect to a domestic industry, or making the

VerDate Aug 31 2005 02:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.017 H31OCPT1 cnoel on PRODPC60 with HOUSE H12268 CONGRESSIONAL RECORD — HOUSE October 31, 2007 third certification of workers in a domestic in- ment assistance under this chapter of a group of 202.—Upon issuing an affirmative finding re- dustry described in subsection (a), as the case workers or all workers in a domestic industry, garding serious injury, or the threat thereof, to may be— the Secretary shall notify each Governor of a a domestic industry, under section 202, the Com- ‘‘(1) determine whether all adversely affected State in which the workers are located of the mission shall notify the Secretary and the Sec- workers in that domestic industry are eligible to certification. retary of Commerce of that finding and the apply for assistance under this subchapter, in ‘‘(e) REGULATIONS.—The Secretary shall, not identity of the firms which comprise the domes- accordance with the criteria established under later than 1 year after the date of the enactment tic industry. subsection (e); or of the Trade and Globalization Assistance Act of ‘‘(d) NOTIFICATIONS REGARDING AFFIRMATIVE ‘‘(2) determine whether all adversely affected 2007, issue regulations for making determina- DETERMINATIONS UNDER SECTION 421.—Upon workers in that domestic industry in a specific tions under this section, including criteria for issuing an affirmative determination of market geographic region are eligible to apply for assist- making such determinations. The Secretary disruption, or the threat thereof, under section ance under this subchapter, in accordance with shall develop such regulations in consultation 421, the Commission shall notify the Secretary the criteria established under subsection (e). with the Committee on Ways and Means of the and the Secretary of Commerce of that deter- ‘‘(c) IDENTIFICATION AND CERTIFICATION.— House of Representatives and the Committee on mination and the identity of the firms which ‘‘(1) AFFIRMATIVE DETERMINATION.— Finance of the Senate, and the Secretary shall comprise the affected domestic industry. ‘‘(A) IN GENERAL.—Upon making an affirma- submit such regulations to each such committee ‘‘(e) NOTIFICATIONS REGARDING AFFIRMATIVE tive determination under subsection (b), the Sec- at least 60 days before the regulations go into ef- DETERMINATIONS UNDER TARIFF ACT OF 1930.— retary shall— Upon issuing a final affirmative determination ‘‘(i) identify all firms operating within the do- fect. of injury, or the threat thereof, under section mestic industry described in paragraph (1) or (2) ‘‘(f) DOMESTIC INDUSTRY DEFINED.—In this 705 or section 735 of the Tariff Act of 1930 (19 of subsection (b) that are covered by the deter- section, the term ‘domestic industry’ means an U.S.C. 1671d and 1673d), the Commission shall mination; and industry in the United States, as that industry ‘‘(ii) certify all workers of such firms as a is defined by the North American Industry Clas- notify the Secretary and the Secretary of Com- group of workers eligible to apply for assistance sification System.’’. merce of that determination and the identity of under this subchapter, without any other deter- (b) CLERICAL AMENDMENT.—The table of con- the firms which comprise the affected domestic mination of whether such group meets the re- tents for title II of the Trade Act of 1974 is industry. ‘‘(f) NOTIFICATION OF INDUSTRY AND WORKER quirements of section 222. amended by inserting after the item relating to REPRESENTATIVES.—Whenever the Commission ‘‘(B) OTHER REQUIREMENTS.— section 223 the following: makes a notification under subsection (c), (d), ‘‘(i) IN GENERAL.—Each certification under ‘‘Sec. 223A. Industry-wide determinations.’’. subparagraph (A)(ii) shall specify the date on or (e)— (c) CONFORMING AMENDMENTS.—Chapter 2 of which the total or partial separation began or ‘‘(1) the Secretary shall— title II of the Trade Act of 1974 (19 U.S.C. 2271 ‘‘(A) notify the firms identified by the Com- threatened to begin, except that— et seq.) is amended— ‘‘(I) with respect to a request or a resolution mission as comprising the domestic industry af- (1) in section 225— under subsection (a), such date may not be a fected, and any certified or recognized union or (A) in subsection (a), in the last sentence by date that precedes one year before the date on other duly authorized representatives of the inserting ‘‘or 223A’’ after ‘‘223’’; and which the Secretary receives the request or reso- workers in such industry, of the allowances, (B) in subsection (b)— training, employment services, and other bene- lution, as the case may be; and (i) in paragraph (1), by striking ‘‘subchapter ‘‘(II) with respect to the third certification of fits available under this chapter, and the proce- A of this chapter’’ and inserting ‘‘this sub- workers in a domestic industry described in sub- dures under this chapter for filing petitions and chapter’’; and section (a), such date may not be a date that applying for benefits; (ii) in paragraph (2), by striking ‘‘subchapter precedes one year before the date on which the ‘‘(B) notify the Governor of each State in A’’ and inserting ‘‘this subchapter’’; and Secretary certifies the 3d such petition. which one or more firms described in subpara- (2) in section 231— ‘‘(ii) INAPPLICABILITY.—A certification under graph (A) are located of the Commission’s deter- subparagraph (A)(ii) shall not apply to any (A) in subsection (a)— mination and the identity of the firms; and worker whose last total or partial separation (i) in the matter preceding paragraph (1), by ‘‘(C) provide the necessary assistance to em- from the firm occurred before the applicable striking ‘‘more than 60 days’’ and all that fol- ployers, groups of workers, and any certified or date specified in clause (i). lows through ‘‘section 221’’ and inserting ‘‘on or recognized union or other duly authorized rep- ‘‘(iii) TRAINING BEFORE SEPARATION.—Any after the date of such certification’’; and resentatives of such workers to file petitions worker covered by a certification under sub- (ii) in paragraph (1)— under section 221; and paragraph (A)(ii) shall be deemed to be an ad- (I) in subparagraph (B), by inserting ‘‘or 223A ‘‘(2) the Secretary of Commerce shall— versely affected worker for purposes of receiving (as the case may be)’’ after ‘‘223’’; and ‘‘(A) notify the firms identified by the Com- services under section 235 and training under (II) in subparagraph (C), by inserting ‘‘or mission as comprising the domestic industry af- section 236, without regard to whether the work- 223A(c)(4), as the case may be’’ after ‘‘223(d)’’; fected of the benefits under chapter 3 and the er has been totally or partially separated from and procedures under such chapter for filing peti- employment. In the case of a worker not totally (B) in subsection (b)— tions and applying for benefits; and ‘‘(B) provide the necessary assistance to firms or partially separated from employment, the ref- (i) by striking paragraph (2); and to file petitions under section 251.’’. erence in section 236(a)(1)(A) to ‘suitable em- (ii) in paragraph (1)— (b) CLERICAL AMENDMENT.—The table of con- ployment’ shall be deemed not to refer to such (I) by striking ‘‘(1)’’; tents for title II of the Trade Act of 1974 is employment. (II) by redesignating subparagraphs (A) and amended by striking the item relating to section ‘‘(2) NEGATIVE DETERMINATION.—If the Sec- (B) as paragraph (1) and (2), respectively; retary makes a negative determination under (III) by redesignating clauses (i) and (ii) as 224 and inserting the following: subsection (b), the Secretary shall notify the subparagraphs (A) and (B), respectively; and ‘‘Sec. 224. Study and notifications regarding Committee on Ways and Means of the House of (IV) by redesignating subclauses (I) and (II) trade remedy determinations.’’. Representatives and the Committee on Finance as clauses (i) and (ii), respectively. SEC. 113. NOTIFICATION TO SECRETARY OF COM- of the Senate of the reasons for the Secretary’s SEC. 112. NOTIFICATIONS REGARDING AFFIRMA- MERCE. determination. TIVE DETERMINATIONS AND SAFE- Section 225 of the Trade Act of 1974 (19 U.S.C. ‘‘(3) PUBLICATION.—Upon making a deter- GUARDS. 2275) is amended by adding at the end the fol- mination under subsection (b), the Secretary (a) IN GENERAL.—Section 224 of the Trade Act lowing: shall promptly publish a summary of the deter- of 1974 (19 U.S.C. 2274) is amended— ‘‘(c) Upon issuing a certification under section mination in the Federal Register and on the (1) in the heading, by striking ‘‘STUDY BY 223 or 223A, the Secretary shall notify the Sec- Website of the Department of Labor, together SECRETARY OF LABOR WHEN INTER- retary of Commerce of the identify of the firm or with the reasons for making such determination. NATIONAL TRADE COMMISSION BEGINS firms that are covered by the certification.’’. ‘‘(4) TERMINATION.—Whenever the Secretary INVESTIGATION’’ and inserting ‘‘STUDY Subtitle C—Program Benefits determines that a certification under paragraph AND NOTIFICATIONS REGARDING TRADE SEC. 121. QUALIFYING REQUIREMENTS FOR (1) is no longer warranted, the Secretary shall REMEDY DETERMINATIONS’’; WORKERS. terminate the certification and promptly have (2) in subsection (a), by striking ‘‘Whenever’’ (a) IN GENERAL.—Subsection (a)(5)(A)(ii) of notice of the termination published in the Fed- and inserting ‘‘STUDY OF DOMESTIC INDUSTRY.— section 231 of the Trade Act of 1974 (19 U.S.C. eral Register and on the Website of the Depart- Whenever’’; 2291) is amended— ment of Labor, together with the reasons for (3) in subsection (b)— (1) by striking subclauses (I) and (II) and in- making such determination under this para- (A) by striking ‘‘The report’’ and inserting serting the following: graph. Such termination shall apply only with ‘‘REPORT BY THE SECRETARY.—The report’’; ‘‘(I) in the case of a worker whose most recent respect to total or partial separations occurring (B) by striking ‘‘his report’’ and inserting total separation from adversely affected employ- after the termination date specified by the Sec- ‘‘the Secretary’s report’’; and ment that meets the requirements of paragraphs retary. In the case of a worker described in (C) by inserting ‘‘and on the Website of the (1) and (2) occurs after the date on which the paragraph (1)(B)(iii), no services described in Department of Labor’’ after ‘‘Federal Register’’; Secretary issues a certification covering the section 235 or training described in section 236 and worker, the last day of the 26th week after such may be initiated after such termination date. (4) by adding at the end the following: total separation, ‘‘(d) OUTREACH.—Upon making a certification ‘‘(c) NOTIFICATIONS REGARDING AFFIRMATIVE ‘‘(II) in the case of a worker whose most re- under subsection (c)(1) of eligibility for adjust- SAFEGUARD DETERMINATIONS UNDER SECTION cent total separation from adversely affected

VerDate Aug 31 2005 02:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.017 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12269 employment that meets the requirements of ployment insurance (as determined for purposes SEC. 125. APPLICATION OF STATE LAWS AND REG- paragraphs (1) and (2) occurs before the date on of section 231(a)(3)(B))’’; ULATIONS ON GOOD CAUSE FOR which the Secretary issues a certification cov- (2) by redesignating subsections (b) and (c) as WAIVER OF TIME LIMITS OR LATE ering the worker, the last day of the 26th week subsections (c) and (d), respectively; and FILING OF CLAIMS. Section 234 of the Trade Act of 1974 (19 U.S.C. after the date of such certification,’’; and (3) by inserting after subsection (a) the fol- 2294) is amended— (2) in subclause (III)— lowing: (1) by striking ‘‘Except where inconsistent’’ (A) by striking ‘‘later of the dates specified in ‘‘(b)(1) Notwithstanding section 231(a)(3)(B), and inserting ‘‘(a) IN GENERAL.—Except where subclause (I) or (II)’’ and inserting ‘‘date speci- if an adversely affected worker who is partici- inconsistent’’; and fied in subclause (I) or (II), as the case may be’’; pating in training qualifies for unemployment insurance under State law, based in whole or in (2) by adding at the end the following: and ‘‘(b) STATE LAWS AND REGULATIONS ON GOOD (B) by striking ‘‘or’’ at the end; part upon part-time or short-term employment following approval of the worker’s initial trade CAUSE FOR WAIVER OF TIME LIMITS OR LATE (3) by redesignating subclause (IV) as sub- FILING OF CLAIMS.—Any law or regulation of a clause (V); and readjustment allowance application under sec- tion 231(a), then for any week for which unem- cooperating State under section 239 that allows (4) by inserting after subclause (III) the fol- for a waiver for good cause of any time limit, in- lowing: ployment insurance is payable and for which the worker would otherwise be entitled to a cluding a waiver for good cause to allow the ‘‘(IV) the last day of such period that the Sec- late filing of any claim, for trade readjustment retary determines appropriate, if the failure to trade readjustment allowance based upon the certification under section 223, the worker shall, allowances or other adjustment assistance under enroll is due to the failure to provide the worker this chapter shall, in the administration of the with timely information regarding the date spec- in addition to any such unemployment insur- ance, be paid a trade readjustment allowance in program by the State under this chapter, apply ified in subclause (I) or (II), as the case may be, to the applicable time limitation referred to or or’’. the amount described in paragraph (2). ‘‘(2) The trade readjustment allowance pay- specified in this chapter or any regulation pre- (b) WAIVERS OF TRAINING REQUIREMENTS.— scribed to carry out this chapter.’’. Subsection (c) of such section 231 is amended— able under paragraph (1) shall be equal to the SEC. 126. EMPLOYMENT AND CASE MANAGEMENT (1) in paragraph (1)(B)— weekly benefit amount of the unemployment in- surance upon which the worker’s trade read- SERVICES. (A) by striking ‘‘The worker possesses’’ and (a) IN GENERAL.—Section 235 of the Trade Act inserting justment allowance was initially determined under subsection (a), reduced by— of 1974 (19 U.S.C. 2295) is amended to read as ‘‘(i) IN GENERAL.—The worker possesses’’; follows: (B) by moving the remaining text 2 ems to the ‘‘(A) the amount of the unemployment insur- ance benefit payable to such worker for that ‘‘SEC. 235. EMPLOYMENT AND CASE MANAGE- right; and MENT SERVICES. (C) by adding at the end the following: week of unemployment for which a trade read- justment allowance is payable under paragraph ‘‘The Secretary shall provide, directly or ‘‘(ii) MARKETABLE SKILLS DEFINED.—For pur- through agreements with States under section poses of clause (i), the term ‘marketable skills’ (1); and ‘‘(B) the amounts described in paragraphs (1) 239, to adversely affected workers covered by a may include the possession of a postgraduate and (2) of subsection (a).’’. certification under subchapter A of this chapter degree from an institution of higher education (b) CONFORMING AMENDMENTS.—Section 233 of the following employment and case management (as defined in section 101(a) of the Higher Edu- the Trade Act of 1974 (19 U.S.C. 2293) is amend- services: cation Act of 1965) or equivalent institution, or ed— ‘‘(1) Comprehensive and specialized assess- the possession of an equivalent postgraduate (1) in subsection (a)(1), by striking ‘‘section ment of skill levels and service needs, including certification in a specialized field.’’; and 232(a)’’ and inserting ‘‘subsections (a) and (b) of through— (2) in paragraph (3)— section 232’’; and ‘‘(A) diagnostic testing and use of other as- (A) in subparagraph (A), by striking ‘‘may (2) in subsection (c), by striking ‘‘section sessment tools; and authorize’’ and inserting ‘‘shall authorize’’; 232(b)’’ and inserting ‘‘section 232(c)’’. ‘‘(B) in-depth interviewing and evaluation to (B) by redesignating subparagraph (B) as sub- SEC. 123. LIMITATIONS ON TRADE READJUST- identify employment barriers and appropriate paragraph (C); and MENT ALLOWANCES; ALLOWANCES employment goals. (C) by inserting after subparagraph (A) the FOR EXTENDED TRAINING AND ‘‘(2) Development of an individual employ- following: BREAKS IN TRAINING. ment plan to identify employment goals and ob- ‘‘(B) DURATION OF WAIVERS.—A waiver issued Section 233(a) of the Trade Act of 1974 (19 jectives, and appropriate training to achieve under paragraph (1) by a cooperating State U.S.C. 2293(a)) is amended— those goals and objectives. shall be effective for not more than 3 months (1) in paragraph (2), by inserting ‘‘under ‘‘(3) Information on training available in local after the date on which the waiver is issued, ex- paragraph (1)’’ after ‘‘trade readjustment allow- and regional areas, information on individual cept that the State, upon reviewing the waiver, ance’’; counseling to determine which training is suit- may extend the waiver for an additional period (2) in paragraph (3)— able training, and information on how to apply of not more than 3 months if the State deter- (A) in the matter preceding subparagraph for such training. mines that the waiver should be maintained.’’. (A)— ‘‘(4) Information on how to apply for finan- (i) by striking ‘‘52 additional weeks’’ and in- (c) DETERMINATIONS OF ELIGIBILITY BY STATE cial aid, including referring workers to edu- serting ‘‘78 additional weeks’’; and EMPLOYEES APPOINTED ON MERIT BASIS.—Such cational opportunity centers under section 402F (ii) by striking ‘‘52-week’’ and inserting ‘‘91- section 231 is further amended by adding at the of the Higher Education Act of 1965, where ap- week’’; and end the following: plicable, and notifying workers that the workers (B) in the matter following subparagraph (B), may ask financial aid administrators at institu- ‘‘(d) DETERMINATIONS OF ELIGIBILITY BY by striking ‘‘52-week’’ and inserting ‘‘91-week’’. STATE EMPLOYEES APPOINTED ON MERIT tions of higher education to allow use of their SEC. 124. SPECIAL RULES FOR CALCULATION OF BASIS.—All determinations of eligibility for current year income in the financial aid process. ELIGIBILITY PERIOD. ‘‘(5) Short-term prevocational services, includ- trade readjustment allowances under this part Section 233 of the Trade Act of 1974 (19 U.S.C. shall be made by employees of the State who are ing development of learning skills, communica- 2293) is amended by adding at the end the fol- tions skills, interviewing skills, punctuality, per- appointed on a merit basis.’’. lowing: (d) CONFORMING AMENDMENT.—Section 233 of sonal maintenance skills, and professional con- ‘‘(g) SPECIAL RULE FOR CALCULATING SEPARA- duct to prepare individuals for employment or the Trade Act of 1974 (19 U.S.C. 2293) is amend- TION.—Notwithstanding any other provision of ed by striking subsection (b) and redesignating training. this chapter, any period during which a judicial ‘‘(6) Individual career counseling, including subsections (c) through (g) as subsections (b) or administrative appeal is pending with respect through (f), respectively. job search and placement counseling, during the to the denial by the Secretary of a petition period in which the individual is receiving a SEC. 122. WEEKLY AMOUNTS. under section 223 shall not be counted for pur- trade adjustment allowance or training under (a) IN GENERAL.—Section 232 of the Trade Act poses of calculating the period of separation this chapter, and for purposes of job placement of 1974 (19 U.S.C. 2292) is amended— under subsection (a)(2) or for purposes of calcu- after receiving such training. (1) in subsection (a)— lating time periods specified in section ‘‘(7) Provision of employment statistics infor- (A) by striking ‘‘subsections (b) and (c)’’ and 231(a)(5)(A). mation, including the provision of accurate in- inserting ‘‘subsections (b), (c), and (d)’’; ‘‘(h) SPECIAL RULE FOR JUSTIFIABLE CAUSE.— formation relating to local, regional, and na- (B) by striking ‘‘total unemployment’’ the first The Secretary may extend the periods during tional labor market areas, including— place it appears and inserting ‘‘unemployment’’; which trade readjustment allowances are pay- ‘‘(A) job vacancy listings in such labor market and able to an adversely affected worker under areas; (C) in paragraph (2), by adding at the end be- paragraphs (2) and (3) of subsection (a) and ‘‘(B) information on jobs skills necessary to fore the period the following: ‘‘, except that in under subsection (f) (but not the maximum obtain jobs identified in job vacancy listings de- the case of an adversely affected worker who is amounts of such allowances that are payable scribed in subparagraph (A); participating in full-time training under this under this section), and the periods specified in ‘‘(C) information relating to local occupations chapter, such income shall not include earnings section 231(a)(5)(A), if the Secretary determines that are in demand and earnings potential of from work for such week that are equal to or that there is justifiable cause for such an exten- such occupations; and less than the most recent weekly benefit amount sion, such as the failure to provide the worker ‘‘(D) skills requirements for local occupations of the unemployment insurance payable to the with timely information, or justifiable breaks in described in subparagraph (C). worker for a week of total unemployment pre- training that exceed the period allowable under ‘‘(8) Supportive services, including services re- ceding the worker’s first exhaustion of unem- subsection (e).’’. lating to child care, transportation, dependent

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.017 H31OCPT1 cnoel on PRODPC60 with HOUSE H12270 CONGRESSIONAL RECORD — HOUSE October 31, 2007 care, housing assistance, and need-related pay- allow training for a period longer than the ‘‘(H) any training program or coursework at ments that are necessary to enable an indi- worker’s period of eligibility for trade readjust- an accredited institution of higher education (as vidual to participate in training.’’. ment allowances under part I if the worker dem- defined in section 102 of the Higher Education (b) CLERICAL AMENDMENT.—The item relating onstrates that the worker has sufficient finan- Act of 1965), including a training program or to section 235 in the table of contents for title II cial resources to complete the training after the coursework for the purpose of— of the Trade Act of 1974 is amended to read as expiration of the worker’s period of eligibility ‘‘(i) obtaining a degree or certification; or follows: for such trade readjustment allowances. ‘‘(ii) completing a degree or certification that ‘‘235. Employment and case management serv- ‘‘(ii) In determining the reasonable cost of the worker had previously begun at an accred- ices.’’. training under paragraph (1)(F) with respect to ited institution of higher education. a worker, the Secretary may consider whether The Secretary may not limit approval of a train- SEC. 127. TRAINING. other public or private funds are reasonably ing program under paragraph (1) to a program (a) IN GENERAL.—Subsection (a)(1) of section available to the worker, except that the Sec- provided pursuant to title I of the Workforce In- 236 of the Trade Act of 1974 (19 U.S.C. 2296) is retary may not require a worker to obtain such vestment Act of 1998.’’. amended by striking the last sentence. funds as a condition of approval of training (b) CONFORMING AMENDMENTS.—Section 233 of (b) FUNDING.—Subsection (a)(2) of such sec- under paragraph (1).’’. the Trade Act of 1974 (19 U.S.C. 2293) is amend- tion is amended— (d) DETERMINATIONS OF ELIGIBILITY BY STATE ed— (1) in subparagraph (A), to read as follows: EMPLOYEES APPOINTED ON MERIT BASIS.—Such (1) in subsection (a)(2), by inserting ‘‘pre- ‘‘(A) The total amount of payments that may section is further amended— requisite education or’’ after ‘‘requires a pro- be made under paragraph (1) for each of the fis- (1) by redesignating subsections (e) and (f) as gram of’’; and cal years 2008 and 2009 shall not exceed subsections (f) and (g), respectively; and (2) in subsection (f) (as redesignated by sec- $440,000,000. The total amount of payments that (2) by inserting after subsection (d) the fol- tion 121(d) of this Act), by inserting ‘‘pre- may be made under paragraph (1) for fiscal year lowing: requisite education or’’ after ‘‘includes a pro- 2010 and each subsequent fiscal year shall not ‘‘(e) DETERMINATIONS OF ELIGIBILITY BY gram of’’. exceed $660,000,000.’’; and STATE EMPLOYEES APPOINTED ON MERIT SEC. 129. ELIGIBILITY FOR UNEMPLOYMENT IN- (2) by striking subparagraph (B) and inserting BASIS.—All determinations of eligibility for SURANCE AND PROGRAM BENEFITS the following: training under this section shall be made by em- WHILE IN TRAINING. ‘‘(B) Not later than 120 days after the date of ployees of the State who are appointed on a (a) IN GENERAL.—Section 236(d) of the Trade the enactment of the Trade and Globalization merit basis.’’. Act of 1974 (19 U.S.C. 2296(d)) is amended to Assistance Act of 2007, the Secretary shall estab- (e) GAO STUDY AND REPORT.— read as follows: lish and implement procedures for the allocation (1) STUDY.—The Comptroller General of the ‘‘(d) ELIGIBILITY.—A worker may not be deter- among the States in each fiscal year of funds United States shall conduct a study of the pro- mined to be ineligible or disqualified for unem- available to pay the costs of training for work- cedures for the allocation of training funds for ployment insurance or program benefits under ers under this section. The Secretary shall, at workers under subparagraphs (B) and (C) of this subchapter— least 60 days before the date on which the pro- section 236(a)(2) of the Trade Act of 1974 (19 ‘‘(1) because the worker— ‘‘(A) is enrolled in training approved under cedures described in this subparagraph are first U.S.C. 2296), as added by subsection (a) of this subsection (a); or implemented, consult with the Committee on section, that are established and implemented by Ways and Means of the House of Representa- ‘‘(B) left work— the Secretary of Labor pursuant to such section. ‘‘(i) that was not suitable employment in order tives and the Committee on Finance of the Sen- In carrying out the study, the Comptroller Gen- ate with respect to such procedures. to receive such training; or eral shall examine the overall adequacy of fund- ‘‘(ii) that the worker engaged in on a tem- ‘‘(C) In establishing and implementing the ing for training for workers by State and the ef- procedures under subparagraph (B), the Sec- porary basis during a break in such training or fectiveness of the procedures for allocating a delay in the commencement of such training; retary shall— training funds between States and among work- ‘‘(i) provide for at least 3 distributions of or ers. ‘‘(2) because of the application to any such funds available for training in the fiscal year, (2) REPORTS.— week in training of the provisions of State law and, in the first such distribution, disburse not (A) INTERIM REPORT.—The Comptroller Gen- or Federal unemployment insurance law relat- more than 50 percent of the total amount of eral of the United States shall submit to the ing to availability for work, active search for funds available for training in that fiscal year; Committee on Ways and Means of the House of work, or refusal to accept work.’’. ‘‘(ii) consider using a broad range of factors Representatives and the Committee on Finance (b) DEFINITION.—Subchapter B of chapter 2 of for the allocation of training funds distributed of the Senate an interim report that contains title II of the Trade Act of 1974 (19 U.S.C. 2291 to States for each fiscal year, including factors the results of the study conducted under para- et seq.) is amended— such as— graph (1) for the first fiscal year with respect to (1) in section 233(d) (as redesignated by sec- ‘‘(I) the number of workers certified under which the procedures described in paragraph (1) tion 121(d) of this Act), by inserting ‘‘suitable’’ sections 223 and 223A in the preceding fiscal are implemented. before ‘‘on-the-job training’’; and year; (B) FINAL REPORT.—The Comptroller General (2) in section 236— ‘‘(II) the total number of workers certified of the United States shall submit to the Com- (A) by inserting ‘‘suitable’’ before ‘‘on-the-job under sections 223 and 223A that are enrolled in mittee on Ways and Means of the House of Rep- training’’ each place it appears; and training approved under this section; resentatives and the Committee on Finance of (B) by adding at the end the following: ‘‘(III) the minimum level of funding necessary the Senate a final report that contains the re- ‘‘(h) SUITABLE ON-THE-JOB TRAINING.—For to provide training approved under this section; sults of the study conducted under paragraph purposes of this section, the term ‘suitable on- and (1) for the first three fiscal years with respect to the-job training’ means on-the-job training— ‘‘(IV) notifications under the Worker Adjust- which the procedures described in paragraph (1) ‘‘(1) that can reasonably be expected to lead ment and Retraining Notification Act or other are implemented. to suitable employment; layoff notifications; ‘‘(2) that is compatible with the skills of the SEC. 128. PREREQUISITE EDUCATION; APPROVED worker; ‘‘(iii) after the initial distribution of training TRAINING PROGRAMS. funds to States at the beginning of each fiscal ‘‘(3) that— (a) IN GENERAL.—Section 236(a)(5) of the ‘‘(A) involves a curriculum through which the year, provide for subsequent distributions of Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is training funds remaining, based on the factors worker learns the skills necessary for the job for amended— which the worker is being trained; and described in clause (ii) (but, in the case of the (1) in subparagraph (A)— factor described in subclause (I) of clause (ii), ‘‘(B) can be measured by benchmarks that in- (A) by striking ‘‘and’’ at the end of clause (i); dicate that the worker is learning such skills; based on data from the preceding 2 fiscal quar- (B) by adding ‘‘and’’ at the end of clause (ii); ters) if a State requests the distribution of the and and ‘‘(4) that is certified by the State as an on-the- remaining funds; (C) by inserting after clause (ii) the following: job training program that meets the require- ‘‘(iv) ensure that any final distribution of ‘‘(iii) apprenticeship programs registered ments of paragraph (3).’’. funds during a fiscal year is made not later under the National Apprenticeship Act (29 than July 1 of that fiscal year; and SEC. 130. ADMINISTRATIVE EXPENSES AND EM- U.S.C. 50 et seq.),’’; PLOYMENT AND CASE MANAGEMENT ‘‘(v) develop an explicit policy for re-capture (2) by redesignating subparagraphs (E) and SERVICES. and redistribution of training funds, to the ex- (F) as subparagraphs (F) and (G), respectively; (a) IN GENERAL.—Part II of subchapter B of tent such re-capture and redistribution of train- (3) by inserting after subparagraph (D) the chapter 2 of title II of the Trade Act of 1974 (19 ing funds is necessary.’’. following: U.S.C. 2295 et seq.) is amended by inserting after (c) DETERMINATIONS REGARDING TRAINING.— ‘‘(E) any program of prerequisite education or section 236 the following: Subsection (a)(9) of such section is amended— coursework required to enroll in training that ‘‘SEC. 236A. ADDITIONAL PAYMENTS FOR ADMIN- (1) by striking ‘‘The Secretary’’ and inserting may be approved under this section,’’; ISTRATIVE EXPENSES AND EMPLOY- ‘‘(A) Subject to subparagraph (B), the Sec- (4) in subparagraph (F)(ii), as redesignated by MENT AND CASE MANAGEMENT retary’’; and paragraph (1), by striking ‘‘and’’ at the end; SERVICES. (2) by adding at the end the following: (5) in subparagraph (G), as redesignated by ‘‘(a) ADMINISTRATIVE EXPENSES.— ‘‘(B)(i) In determining under paragraph (1)(E) paragraph (1), by striking the period at the end ‘‘(1) IN GENERAL.—The Secretary shall provide whether a worker is qualified to undertake and and inserting ‘‘, and’’; and to each State that receives a payment under sec- complete training, the Secretary may not dis- (6) by adding at the end the following: tion 236 for a fiscal year an additional payment

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for such fiscal year in an amount that is not less (b) TAA RECIPIENTS RECEIVING UNEMPLOY- whom the deduction under section 151 is allow- than 15 percent of the amount of the payment MENT COMPENSATION AND NOT ENROLLED IN able) shall be treated as an eligible individual under section 236. TRAINING PROGRAM ELIGIBLE FOR CREDIT.— for purposes of this section and section 7527 for ‘‘(2) USE OF FUNDS.—A State that receives an Paragraph (2) of section 35(c) of such Code is a period of 36 months beginning with the date of additional payment under paragraph (1) shall amended to read as follows: such death, except that in determining the use the payment for administration of the trade ‘‘(2) ELIGIBLE TAA RECIPIENT.—The term ‘eligi- amount of such credit only such qualifying fam- adjustment assistance for workers program ble TAA recipient’ means, with respect to any ily member may be taken into account.’’. under this chapter, including for— month, any individual who— (2) CONFORMING AMENDMENT.—Section 173(f) ‘‘(A) processing of waivers of training require- ‘‘(A) is receiving for any day of such month a of the Workforce Investment Act of 1998 (29 ments under section 231; trade readjustment allowance under chapter 2 U.S.C. 2918(f)) is amended by adding at the end ‘‘(B) collecting of data required under this of title II of the Trade Act of 1974, or the following: chapter; and ‘‘(B) who is receiving unemployment com- ‘‘(8) CONTINUED QUALIFICATION OF FAMILY ‘‘(C) providing services under section 235. pensation (as defined in section 85) for such MEMBERS AFTER CERTAIN EVENTS.— ‘‘(3) ADMINISTRATION REQUIREMENT.—Funds month and who would be eligible to receive such ‘‘(A) MEDICARE ELIGIBILITY.—In the case of provided to a State under this subsection for a allowance for such month if section 231 of such any month which would be an eligible coverage fiscal year that are in excess of the amount of Act were applied without regard to subsections month with respect to an eligible individual but funds provided to the State for administration (a)(3)(B) and (a)(5) thereof. for paragraph (7)(B)(i), such month shall be of the trade adjustment assistance for workers An individual shall continue to be treated as an treated as an eligible coverage month with re- program under this chapter for fiscal year 2007 eligible TAA recipient during the first month spect to such eligible individual solely for pur- may only be administered by employees of the that such individual would otherwise cease to be poses of determining the eligibility of qualifying State who are appointed on a merit basis. an eligible TAA recipient by reason of the pre- family members of such individual under this ‘‘(b) ADDITIONAL FUNDING FOR EMPLOYMENT ceding sentence.’’. subsection. This subparagraph shall only apply AND CASE MANAGEMENT SERVICES.— (c) ELIGIBILITY FOR ELIGIBLE INDIVIDUALS with respect to the first 36 months after such eli- ‘‘(1) IN GENERAL.—The Secretary shall provide MADE RETROACTIVE TO TAA-RELATED LOSS OF gible individual is first entitled to the benefits to each State that receives a payment under sec- EMPLOYMENT.—Subsection (c) of section 35 of described in paragraph (7)(B)(i). tion 236 for a fiscal year an additional payment such Code is amended by adding at the end the ‘‘(B) DIVORCE.—In the case of the finalization for such fiscal year in an amount that is not less following new paragraph: of a divorce between an eligible individual and than .06 percent of the total amount of pay- ‘‘(5) RETROACTIVE ELIGIBILITY FOR TAA RE- such individual’s spouse, such spouse shall be ments that may be made in that fiscal year as CIPIENTS.—In the case of any individual who is treated as an eligible individual for purposes of described in section 236(a)(2). an eligible TAA recipient or eligible alternative this subsection for a period of 36 months begin- ‘‘(2) USE OF FUNDS.—A State that receives an TAA recipient for any month, such individual ning with the date of such finalization, except additional payment under paragraph (1) shall shall be treated as an eligible individual for any that the only qualifying family members who use the payment for providing services under month which precedes such month and which may be taken into account with respect to such section 235. begins after the later of— spouse are those individuals who were quali- ‘‘(3) ADMINISTRATION REQUIREMENT.—Funds ‘‘(A) the date of the separation from employ- fying family members immediately before such provided to a State under this subsection may ment which gives rise to such individual being finalization. only be administered by employees of the State an eligible TAA recipient or eligible alternative ‘‘(C) DEATH.—In the case of the death of an who are appointed on a merit basis. TAA recipient, or eligible individual— ‘‘(c) FUNDING.—Funds provided to the States ‘‘(B) December 31, 2007.’’. ‘‘(i) any spouse of such individual (deter- under this section shall not be counted toward (d) CONTINUED QUALIFICATION OF FAMILY mined at the time of such death) shall be treated the limitation contained in section MEMBERS AFTER CERTAIN EVENTS.— as an eligible individual for purposes of this 236(a)(2)(A).’’. (1) IN GENERAL.—Subsection (g) of section 35 subsection for a period of 36 months beginning (b) CLERICAL AMENDMENT.—The table of con- of such Code is amended by redesignating para- with the date of such death, except that the tents for title II of the Trade Act of 1974 is graph (9) as paragraph (10) and inserting after only qualifying family members who may be amended by inserting after the item relating to paragraph (8) the following new paragraph: taken into account with respect to such spouse section 236 the following: ‘‘(9) CONTINUED QUALIFICATION OF FAMILY are those individuals who were qualifying fam- MEMBERS AFTER CERTAIN EVENTS.— ‘‘Sec. 236A. Additional payments for adminis- ily members immediately before such death, and ‘‘(A) MEDICARE ELIGIBILITY.—In the case of ‘‘(ii) any individual who was a qualifying trative expenses and employment any month which would be an eligible coverage and case management services.’’. family member of the decedent immediately be- month with respect to an eligible individual but fore such death shall be treated as an eligible SEC. 131. JOB SEARCH AND RELOCATION ALLOW- for subsection (f)(2)(A), such month shall be individual for purposes this subsection for a pe- ANCES. treated as an eligible coverage month with re- riod of 36 months beginning with the date of (a) JOB SEARCH ALLOWANCES.—Section 237 of spect to such eligible individual solely for pur- such death, except that no qualifying family the Trade Act of 1974 (19 U.S.C. 2297) is amend- poses of determining the amount of the credit members may be taken into account with respect ed— under this section with respect to any quali- to such individual.’’. (1) in subsection (a)(2)(C)(ii), by striking ‘‘, fying family members of such individual (and (e) MODIFICATION OF CREDITABLE COVERAGE unless the worker received a waiver under sec- any advance payment of such credit under sec- REQUIREMENT.— tion 231(c)’’; and tion 7527). This subparagraph shall only apply (1) IN GENERAL.—Subparagraph (B) of section (2) in subsection (b)— with respect to the first 36 months after such eli- 35(e)(2) of such Code is amended to read as fol- (A) in paragraph (1), by striking ‘‘90 percent gible individual is first entitled to the benefits lows: of the cost of’’ and inserting ‘‘all’’; and described in subsection (f)(2)(A). ‘‘(B) QUALIFYING INDIVIDUAL.—For purposes (B) in paragraph (2), by striking ‘‘$1,250’’ and ‘‘(B) DIVORCE.—In the case of the finalization of this paragraph, the term ‘qualifying indi- inserting ‘‘$1,500’’. of a divorce between an eligible individual and vidual’ means an eligible individual and the (b) RELOCATION ALLOWANCES.—Section 238 of such individual’s spouse, such spouse shall be qualifying family members of such individual if the Trade Act of 1974 (19 U.S.C. 2298) is amend- treated as an eligible individual for purposes of such individual meets the requirements of ed— this section and section 7527 for a period of 36 clauses (iii) and (iv) of subsection (b)(1)(A) (1) in subsection (a)(2)(E)(ii), by striking ‘‘, months beginning with the date of such final- and— unless the worker received a waiver under sec- ization, except that the only qualifying family ‘‘(i) in the case of an eligible TAA recipient or tion 231(c)’’; and members who may be taken into account with an eligible alternative TAA recipient, has (as of (2) in subsection (b)— respect to such spouse are those individuals who the date on which the individual seeks to enroll (A) in paragraph (1), by striking ‘‘90 percent were qualifying family members immediately be- in the coverage described in subparagraphs (B) of the’’ and inserting ‘‘all’’; and fore such finalization. through (H) of paragraph (1)) a period of cred- (B) in paragraph (2), by striking ‘‘$1,250’’ and ‘‘(C) DEATH.—In the case of the death of an itable coverage (as defined in section 9801(c)), or inserting ‘‘$1,500’’. eligible individual— ‘‘(ii) in the case of an eligible PBGC pension Subtitle D—Health Care Provisions ‘‘(i) any spouse of such individual (deter- recipient, enrolls in such coverage during the 90- SEC. 141. MODIFICATIONS RELATING HEALTH IN- mined at the time of such death) shall be treated day period beginning on the later of— SURANCE ASSISTANCE FOR CERTAIN as an eligible individual for purposes of this sec- ‘‘(I) the last day of the first month with re- TAA AND PBGC PENSION RECIPI- tion and section 7527 for a period of 36 months spect to which such recipient becomes an eligible ENTS. beginning with the date of such death, except PBGC pension recipient, or (a) INCREASE IN CREDIT PERCENTAGE that the only qualifying family members who ‘‘(II) the date of the enactment of this sub- AMOUNT.— may be taken into account with respect to such paragraph.’’. (1) IN GENERAL.—Subsection (a) of section 35 spouse are those individuals who were quali- (2) CONFORMING AMENDMENT.—Clause (ii) of of the Internal Revenue Code of 1986 is amended fying family members immediately before such section 172(f)(2)(B) of the Workforce Investment by striking ‘‘65 percent’’ and inserting ‘‘85 per- death, and Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended cent’’. ‘‘(ii) any individual who was a qualifying to read as follows: (2) CONFORMING AMENDMENT.—Subsection (b) family member of the decedent immediately be- ‘‘(ii) QUALIFYING INDIVIDUAL.—For purposes of section 7527 of such Code is amended by strik- fore such death (or, in the case of an individual of this subparagraph, the term ‘qualifying indi- ing ‘‘65 percent’’ and inserting ‘‘85 percent’’. to whom paragraph (4) applies, the taxpayer to vidual’ means an eligible individual and the

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Such report shall clauses (iii) and (iv) of section 35(b)(1)(A) of the paragraph (A). include an analysis of— Internal Revenue Code of 1986 and— ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligible (A) the administrative costs— ‘‘(I) in the case of an eligible TAA recipient or individual’, and ‘TAA-related loss of coverage’ (i) of the Federal Government with respect to an eligible alternative TAA recipient, has (as of have the meanings given such terms in section such credit and the advance payment of such the date on which the individual seeks to enroll 2205(b)(4)(c).’’. credit under section 7527 of such Code, and in the coverage described in clauses (ii) through (g) RATING SYSTEM REQUIREMENT FOR CER- (ii) of providers of qualified health insurance (viii) of subparagraph (A)) a period of creditable TAIN STATE-BASED COVERAGE.— with respect to providing such insurance to eli- coverage (as defined in section 9801(c) of such (1) IN GENERAL.—Subparagraph (A) of section gible individuals and their qualifying family Code), or 35(e)(2) of such Code is amended by adding at members, ‘‘(II) in the case of an eligible PBGC pension the end the following new clause: (B) the health status and relative risk status recipient, enrolls in such coverage during the 90- ‘‘(v) RATING SYSTEM REQUIREMENT.—In the of eligible individuals and qualifying family day period beginning on the later of— case of coverage described in paragraph members covered under such insurance, ‘‘(aa) the last day of the first month with re- (1)(F)(ii), the premiums for such coverage are re- (C) participation in such credit and the ad- spect to which such recipient becomes an eligible stricted, based on a community rating system vance payment of such credit by eligible individ- PBGC pension recipient, or with respect to eligible individuals and their uals and their qualifying family members, in- ‘‘(bb) the date of the enactment of this qualifying family members, or based on a rate- cluding the reasons why such individuals did or clause.’’. band system under which the maximum rate did not participate and the effect of the amend- (3) OUTREACH.—The Secretary of the Treasury which may be charged does not exceed 150 per- ments made by this section on such participa- shall carry out a program to notify individuals cent of the standard rate with respect to eligible tion, and prior to their becoming eligible PBGC pension individuals and their qualifying family mem- (D) the extent to which eligible individuals recipients (as defined in section 35 of the Inter- bers.’’. and their qualifying family members— nal Revenue Code of 1986) of the requirement of (2) CONFORMING AMENDMENT.—Clause (i) of (i) obtained health insurance other than subsection (e)(2)(B)(ii) of such section, as added section 173(f)(2)(B) of the Workforce Investment qualifying health insurance, or (ii) went without health insurance coverage. by this subsection. Act of 1998 (29 U.S.C. 2918(f)(2)(B)) is amended (3) ACCESS TO RECORDS.—For purposes of con- (f) TAA PRE-CERTIFICATION PERIOD RULE FOR by adding at the end the following new sub- ducting the study required under this sub- PURPOSES OF DETERMINING WHETHER THERE IS clause: section, the Comptroller General and any of his A 63–DAY LAPSE IN CREDITABLE COVERAGE.— ‘‘(V) RATING SYSTEM REQUIREMENT.—In the duly authorized representatives shall have ac- (1) IRC AMENDMENT.—Section 9801(c)(2) of the case of coverage described in subparagraph cess to, and the right to examine and copy, all Internal Revenue Code of 1986 (relating to not (A)(vi)(II), the premiums for such coverage are documents, records, and other recorded informa- counting periods before significant breaks in restricted, based on a community rating system tion— creditable coverage) is amended by adding at with respect to eligible individuals and their (A) within the possession or control of pro- the end the following new subparagraph: qualifying family members, or based on a rate- band system under which the maximum rate viders of qualified health insurance, and ‘‘(D) TAA-ELIGIBLE INDIVIDUALS.— (B) determined by the Comptroller General (or ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— which may be charged does not exceed 150 per- any such representative) to be relevant to the In the case of a TAA-eligible individual, the pe- cent of the standard rate with respect to eligible individuals and their qualifying family mem- study. riod beginning on the date the individual has a The Comptroller General shall not disclose the TAA-related loss of coverage and ending on the bers.’’. (h) TERMINATION OF PROGRAM.— identity of any provider of qualified health in- date which is 5 days after the postmark date of surance or any eligible individual in making the notice by the Secretary (or by any person or (1) IN GENERAL.—Section 35 of such Code is amended by adding at the end the following any information obtained under this section entity designated by the Secretary) that the in- available to the public. dividual is eligible for a qualified health insur- new subsection: ‘‘(h) TERMINATION.—An individual shall not (4) DEFINITIONS.—Any term which is defined ance costs credit eligibility certificate for pur- be treated as an eligible individual for purposes in section 35 of the Internal Revenue Code of poses of section 7527 shall not be taken into ac- of this section or section 7527 for any month be- 1986 shall have the same meaning when used in count in determining the continuous period ginning after December 31, 2009, unless such in- this subsection. under subparagraph (A). dividual was an eligible individual for a contin- SEC. 142. EXTENSION OF COBRA BENEFITS FOR ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligible uous period of months ending with such month CERTAIN TAA-ELIGIBLE INDIVID- individual’, and ‘TAA-related loss of coverage’ UALS AND PBGC RECIPIENTS. have the meanings given such terms in section and beginning before such date.’’. (2) CONFORMING AMENDMENT.—Subsection (f) (a) ERISA AMENDMENTS.—Section 602(2)(A) of 4980B(f)(5)(C)(iv).’’. of section 173 of the Workforce Investment Act the Employee Retirement Income Security Act of (2) ERISA AMENDMENT.—Section 701(c)(2) of of 1998 (29 U.S.C. 2918) is amended by adding at 1974 (29 U.S.C. 1162(2)(A)) is amended— the Employee Retirement Income Security Act of the end the following new paragraph: (1) by moving clause (v) to after clause (iv) 1974 (29 U.S.C. 1181(c)(2)) is amended by adding ‘‘(8) TERMINATION.—An individual shall not and before the flush left sentence beginning at the end the following new subparagraph: be treated as an eligible individual for purposes with ‘‘In the case of a qualified beneficiary’’; ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— of this subsection for any month beginning after (2) by striking ‘‘In the case of a qualified ben- ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— December 31, 2009, unless such individual was eficiary’’ and inserting the following: In the case of a TAA-eligible individual, the pe- an eligible individual for a continuous period of ‘‘(vi) SPECIAL RULE FOR DISABILITY.—In the riod beginning on the date the individual has a months ending with such month and beginning case of a qualified beneficiary’’; and TAA-related loss of coverage and ending on the (3) by redesignating clauses (v) and (vi), as before such date.’’. date that is 5 days after the postmark date of amended by paragraphs (1) and (2), as clauses (i) EFFECTIVE DATE.— the notice by the Secretary (or by any person or (1) IN GENERAL.—Except as otherwise provided (viii) and (ix) and by inserting after clause (iv) entity designated by the Secretary) that the in- in this subsection, the amendments made by this the following new clauses: dividual is eligible for a qualified health insur- section shall apply to months beginning after ‘‘(v) SPECIAL RULE FOR PBGC RECIPIENTS.—In ance costs credit eligibility certificate for pur- December 31, 2007, in taxable years ending after the case of a qualifying event described in sec- poses of section 7527 of the Internal Revenue such date. tion 603(2) with respect to a covered employee Code of 1986 shall not be taken into account in (2) RATING SYSTEM REQUIREMENT.—The who (as of such qualifying event) has a determining the continuous period under sub- amendments made by subsection (g) shall apply nonforeitable right to a benefit any portion of paragraph (A). to months beginning after March 31, 2008, in which is to be paid by the Pension Benefit ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligible taxable years ending after such date. Guaranty Corporation under title IV, notwith- individual’, and ‘TAA-related loss of coverage’ (3) DISCRETION TO DELAY EFFECTIVE DATE FOR standing clause (i) or (ii), the date of the death have the meanings given such terms in section PURPOSES OF ADVANCE PAYMENT PROGRAM.— of the covered employee, or in the case of the 605(b)(4)(c).’’. Solely for purposes of carrying out the advance surviving spouse or dependent children of the (3) PHSA AMENDMENT.—Section 2701(c)(2) of payment program under section 7527, the Sec- covered employee, 36 months after the date of the Public Health Service Act (42 U.S.C. retary may provide that one or more amend- the death of the covered employee. 300gg(c)(2)) is amended by adding at the end the ments made by subsections (b), (c), and (d) shall ‘‘(vi) SPECIAL RULE FOR TAA-ELIGIBLE INDIVID- following new subparagraph: not apply to one or more months beginning be- UALS.—In the case of a qualifying event de- ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— fore March 31, 2008, to the extent that the Sec- scribed in section 603(2) with respect to a cov- ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— retary determines that such delay is necessary ered employee who is (as of the date that the pe- In the case of a TAA-eligible individual, the pe- to properly implement any such amendment as riod of coverage would, but for this clause or riod beginning on the date the individual has a part of such program. clause (vii), otherwise terminate under clause (i) TAA-related loss of coverage and ending on the (j) GAO STUDY AND REPORT.— or (ii)) a TAA-eligible individual (as defined in date that is 5 days after the postmark date of (1) STUDY.—The Comptroller General of the section 605(b)(4)(B)), the period of coverage the notice by the Secretary (or by any person or United States shall conduct a study regarding shall not terminate by reason of clause (i) or entity designated by the Secretary) that the in- the health insurance tax credit allowed under (ii), as the case may be, before the later of the dividual is eligible for a qualified health insur- section 35 of the Internal Revenue Code of 1986. date specified in such clause or the date on ance costs credit eligibility certificate for pur- (2) REPORT.—Not later than March 1, 2009, which such individual ceases to be such a TAA- poses of section 7527 of the Internal Revenue the Comptroller General shall submit a report to eligible individual.

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‘‘(vii) SPECIAL RULE FOR CERTAIN TAA-ELIGI- period of coverage would, but for this clause or (b) EXTENSION OF PROGRAM.—Subsection BLE INDIVIDUALS.—In the case of a qualifying clause (iv), otherwise terminate under clause (i) (b)(1) of such section is amended by striking ‘‘5’’ event described in section 603(2) with respect to or (ii)) a TAA-eligible individual (as defined in and inserting ‘‘10’’. a covered employee who is (as of the date that section 2205(b)(4)(B)) and who (as of such quali- (c) CLERICAL AMENDMENT.—The table of con- the period of coverage would, but for this clause fying event) has attainted age 55 or has com- tents for title II of the Trade Act of 1974 is or clause (vi), otherwise terminate under clause pleted 10 or more years of service with the em- amended by striking the item relating to section (i) or (ii)) a TAA-eligible individual (as defined ployer, clauses (i) and (ii) shall not apply.’’. 246 and inserting the following: in section 605(b)(4)(B)) and who (as of such (d) EFFECTIVE DATE.—The amendments made ‘‘Sec. 246. Reemployment trade adjustment as- qualifying event) has attainted age 55 or has by this section shall apply to periods of coverage sistance program.’’. completed 10 or more years of service with the which would (without regard to the amend- Subtitle F—Other Matters employer, clauses (i) and (ii) shall not apply.’’. ments made by this section) end on or after Jan- SEC. 161. RESTRICTION ON ELIGIBILITY FOR PRO- (b) IRC AMENDMENTS.—Clause (i) of section uary 1, 2008. GRAM BENEFITS. 4980B(f)(2)(B) of the Internal Revenue Code of Subtitle E—Wage Insurance (a) IN GENERAL.—Subchapter A of chapter 2 1986 is amended— SEC. 151. REEMPLOYMENT TRADE ADJUSTMENT of title II of the Trade Act of 1974 (19 U.S.C. (1) by striking ‘‘In the case of a qualified ben- ASSISTANCE PROGRAM FOR OLDER eficiary’’ and inserting the following: 2271 et seq.) is amended by adding at the end WORKERS. the following new section: ‘‘(VI) SPECIAL RULE FOR DISABILITY.—In the (a) IN GENERAL.—Section 246 of the Trade Act ‘‘SEC. 226. RESTRICTION ON ELIGIBILITY FOR case of a qualified beneficiary’’, and of 1974 (19 U.S.C. 2318) is amended— (2) by redesignating subclauses (V) and (VI), PROGRAM BENEFITS. (1) by amending the heading to read as fol- ‘‘No benefit allowances, training, or other em- as amended by paragraph (1), as subclauses lows: ‘‘REEMPLOYMENT TRADE ADJUST- (VIII) and (IX) and by inserting after clause ployment services may be provided under this MENT ASSISTANCE’’; chapter to a worker who is an alien unless the (IV) the following new subclauses: (2) in subsection (a)— alien is an individual lawfully admitted for per- ‘‘(V) SPECIAL RULE FOR PBGC RECIPIENTS.—In (A) in paragraph (1), by striking ‘‘alter- manent residence to the United States, is law- the case of a qualifying event described in para- native’’ and inserting ‘‘reemployment’’; graph (3)(B) with respect to a covered employee (B) in paragraph (2)(A), by striking ‘‘for a pe- fully present in the United States, or is perma- who (as of such qualifying event) has a riod not to exceed 2 years’’ and inserting ‘‘for nently residing in the United States under color nonforeitable right to a benefit any portion of the eligibility period under paragraph (3)(C)’’; of law.’’. (b) CONFORMING AMENDMENT.—The table of which is to be paid by the Pension Benefit and Guaranty Corporation under title IV of the Em- (C) by striking paragraphs (3) through (5) and contents of the Trade Act of 1974 is amended by ployee Retirement Income Security Act of 1974, inserting the following: adding after the item relating to section 225 the notwithstanding subclause (I) or (II), the date ‘‘(3) ELIGIBILITY.— following: of the death of the covered employee, or in the ‘‘(A) IN GENERAL.—A group of workers cer- ‘‘226. Restriction on eligibility for program bene- case of the surviving spouse or dependent chil- tified under subchapter A as eligible for adjust- fits.’’. dren of the covered employee, 36 months after ment assistance under subchapter A is eligible SEC. 162. AGREEMENTS WITH STATES. the date of the death of the covered employee. for benefits described in paragraph (2) under the (a) IN GENERAL.—Subsection (a) of section 239 ‘‘(VI) SPECIAL RULE FOR TAA-ELIGIBLE INDI- program established under paragraph (1). of the Trade Act of 1974 (19 U.S.C. 2311) is VIDUALS.—In the case of a qualifying event de- ‘‘(B) INDIVIDUAL ELIGIBILITY.—A worker in a amended— scribed in paragraph (3)(B) with respect to a group of workers described in subparagraph (A) (1) by striking ‘‘will’’ each place it appears covered employee who is (as of the date that the may elect to receive benefits described in para- and inserting ‘‘shall’’; and period of coverage would, but for this subclause graph (2) under the program established under (2) in clause (2), to read as follows: ‘‘(2) in ac- or subclause (VII), otherwise terminate under paragraph (1) if the worker— cordance with subsection (f), shall provide ad- subclause (I) or (II)) a TAA-eligible individual ‘‘(i) is at least 50 years of age; versely affected workers covered by a certifi- (as defined in paragraph (5)(C)(iv)(II)), the pe- ‘‘(ii) earns not more than $60,000 each year in cation under subchapter A the employment and riod of coverage shall not terminate by reason of wages from reemployment; case management services described in section subclause (I) or (II), as the case may be, before ‘‘(iii)(I) is employed on a full-time basis as de- 235’’. the later of the date specified in such subclause fined by State law in the State in which the (b) OUTREACH.—Subsection (f) of such section or the date on which such individual ceases to worker is employed; or is amended— be such a TAA-eligible individual. ‘‘(II) is employed at least 20 hours per week (1) in paragraph (3), by striking ‘‘and’’ at the ‘‘(VII) SPECIAL RULE FOR CERTAIN TAA-ELIGI- and is enrolled in training approved under sec- end; BLE INDIVIDUALS.—In the case of a qualifying tion 236; and (2) by striking paragraph (4) and inserting the event described in paragraph (3)(B) with respect ‘‘(iv) is not employed at the firm from which following: to a covered employee who is (as of the date the worker was separated ‘‘(4) perform outreach, intake (which may in- that the period of coverage would, but for this In the case of a worker described in clause clude worker profiling) and orientation for as- subclause or subclause (VI), otherwise terminate (iii)(II), the percentage referred to in paragraph sistance and benefits available under this chap- under subclause (I) or (II)) a TAA-eligible indi- (2)(A) shall be deemed to be a percentage equal ter for adversely affected workers covered by a vidual (as defined in paragraph (5)(C)(iv)(II)) to 1⁄2 of the ratio of weekly hours of employment certification under subchapter A of this chapter, and who (as of such qualifying event) has referred to in clause (iii)(II) to weekly hours of and’’; and attainted age 55 or has completed 10 or more employment of that worker at the time of sepa- (3) by adding at the end the following: years of service with the employer, subclauses ration (but not more than 50 percent). ‘‘(5) provide adversely affected workers cov- (I) and (II) shall not apply.’’. ‘‘(C) ELIGIBILITY PERIOD FOR PAYMENTS.—A ered by a certification under subchapter A of (c) PHSA AMENDMENTS.—Section 2202(2)(A) of worker in a group of workers described in sub- this chapter with employment and case manage- the Public Health Service Act (42 U.S.C. 300bb- paragraph (A) may receive payments described ment services described in section 235.’’. 2(2)(A)) is amended— in paragraph (2)(A) under the program estab- SEC. 163. FRAUD AND RECOVERY OF OVERPAY- (1) by striking ‘‘In the case of a qualified ben- lished under paragraph (1) for a period not to MENTS. eficiary’’ and inserting the following: exceed 2 years from the date on which the work- Section 243(a)(1) of the Trade Act of 1974 (19 ‘‘(v) SPECIAL RULE FOR DISABILITY.—In the er exhausts all rights to unemployment insur- U.S.C. 2315(a)(1)) is amended— case of a qualified beneficiary’’; and ance based on the separation of the worker from (1) in the matter preceding subparagraph (2) by redesignating clauses (iv) and (v), as adversely affected employment or the date on (A)— amended by paragraph (1), as clauses (vi) and which the worker obtains reemployment, which- (A) by striking ‘‘may waive’’ and inserting (vii) and by inserting after clause (iii) the fol- ever is earlier. ‘‘shall waive’’; and lowing new clauses: ‘‘(D) TRAINING AND OTHER SERVICES.—A work- (B) by striking ‘‘, in accordance with guide- ‘‘(iv) SPECIAL RULE FOR TAA-ELIGIBLE INDIVID- er described in subparagraph (B) shall be eligi- lines prescribed by the Secretary,’’ and UALS.—In the case of a qualifying event de- ble to receive training approved under section (2) in subparagraph (B), by striking ‘‘would scribed in section 2203(2) with respect to a cov- 236 and services under section 235. be contrary to equity and good conscience’’ and ered employee who is (as of the date that the pe- ‘‘(4) TOTAL AMOUNT OF PAYMENTS.—The pay- inserting ‘‘would cause a financial hardship for riod of coverage would, but for this clause or ments described in paragraph (2)(A) made to a the individual (or the individual’s household, if clause (v), otherwise terminate under clause (i) worker may not exceed $12,000 per worker dur- applicable) when taking into consideration the or (ii)) a TAA-eligible individual (as defined in ing the eligibility period under paragraph income and resources reasonably available to section 2205(b)(4)(B)), the period of coverage (3)(C). the individual (or household) and other ordi- shall not terminate by reason of clause (i) or ‘‘(5) LIMITATION ON OTHER BENEFITS.—A nary living expenses of the individual (or house- (ii), as the case may be, before the later of the worker described in paragraph (3) may not re- hold)’’. date specified in such clause or the date on ceive a trade readjustment allowance under part SEC. 164. TECHNICAL AMENDMENTS. which such individual ceases to be such a TAA- I of subchapter B during any week for which (a) IN GENERAL.—Section 249 of the Trade Act eligible individual. the worker receives a payment described in of 1974 (19 U.S.C. 2321) is amended— ‘‘(v) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE paragraph (2)(A).’’; and (1) in the heading, by striking ‘‘SUBPENA’’ INDIVIDUALS.—In the case of a qualifying event (3) in subsection (b)(2), by striking ‘‘sub- and inserting ‘‘SUBPOENA’’; and described in section 2203(2) with respect to a section (a)(3)(B)’’ and inserting ‘‘subsection (2) in the text, by striking ‘‘subpena’’ and in- covered employee who is (as of the date that the (a)(3)’’. serting ‘‘subpoena’’ each place it appears.

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(b) CLERICAL AMENDMENT.—The item relating tion of the following data classified by State, in- (c) FOR FARMERS.—Section 298(a) of the to section 249 in the table of contents for title II dustry, and nationwide totals: Trade Act of 1974 (19 U.S.C. 2401g(a)) is amend- of the Trade Act of 1974 is amended to read as ‘‘(1) The number of petitions and number of ed by adding at the end the following: ‘‘There follows: workers covered by petitions filed, certified and are authorized to be appropriated to the Depart- ‘‘249. Subpoena power.’’. denied. ment of Agriculture not to exceed $81,000,000 for ‘‘(2) The date of filing of each petition and SEC. 165. OFFICE OF TRADE ADJUSTMENT AS- the 9-month period beginning on January 1, SISTANCE; DEPUTY ASSISTANT SEC- the date of the determination, and the average 2008, and $90,000,000 for each of the fiscal years RETARY FOR TRADE ADJUSTMENT processing time, by year, on petitions. 2009 through 2012 to carry out the purposes of ASSISTANCE. ‘‘(3) A breakdown, by the claimed cause of this chapter.’’. (a) IN GENERAL.—Subchapter C of chapter 2 of dislocation, of petitions denied, such as in- SEC. 168. JUDICIAL REVIEW. title II of the Trade Act of 1974 (19 U.S.C. 2311 creased imports, shift in production, and other Section 284 of the Trade Act of 1974 (19 U.S.C. et seq.) is amended by adding at the end the fol- bases for eligibility. 2395) is amended— lowing: ‘‘(4) A breakdown of the number of certified (1) in subsection (a)— petitions by the cause of dislocation, such as in- ‘‘SEC. 250. OFFICE OF TRADE ADJUSTMENT AS- (A) by inserting ‘‘or 223A’’ after ‘‘223’’; and SISTANCE; DEPUTY ASSISTANT SEC- crease in imports, shift in production, and other (B) by striking ‘‘271’’ and inserting ‘‘273’’; RETARY FOR TRADE ADJUSTMENT causes of eligibility for adjustment assistance. (2) by amending subsection (b) to read as fol- ASSISTANCE. ‘‘(5) The number of workers participating in lows: ‘‘(a) ESTABLISHMENT.—There is established in any aspect of the adjustment assistance program ‘‘(b) STANDARD OF REVIEW.—The Court of the Department of Labor an office to be known under this chapter. International Trade shall have jurisdiction to as the Office of Trade Adjustment Assistance ‘‘(6) Reemployment rates and sectors in which review the case as provided in section 706 of title (hereinafter in this section referred to as the dislocated workers have been employed after re- 5, Untied States Code. The findings of fact by ‘Office’). ceiving adjustment assistance under this chap- the Secretary of Labor, the Secretary of Com- ‘‘(b) HEAD OF OFFICE.—The head of the Office ter. merce, or the Secretary of Agriculture, as the shall be the Deputy Assistant Secretary for ‘‘(7) The type of adjustment assistance re- case may be, must be supported by substantial Trade Adjustment Assistance (hereinafter in ceived under this chapter, such as training or evidence and must be based on a reasonable in- this section referred to as the ‘Deputy Assistant education assistance, reemployment adjustment vestigation. The Court of International Trade Secretary’), who shall be appointed by the assistance, cash benefits, health coverage, and may— President, by and with the advice and consent relocation allowances, the number of workers ‘‘(1) remand the case to such Secretary to take of the Senate. receiving each type of assistance, and the aver- further evidence; or ‘‘(c) PRINCIPLE FUNCTIONS.—The principle age duration of time workers receive each type ‘‘(2) reverse the action of such Secretary. functions of the Deputy Assistant Secretary of assistance. If the case is remanded under paragraph (1), the shall be— ‘‘(8) The fields of training or education in Secretary concerned may make new or modified ‘‘(1) to oversee and implement the administra- which workers receiving training or education findings of fact and may modify the Secretary’s tion of trade adjustment assistance for workers benefits under this chapter are enrolled, the previous action, and shall certify to the court under this chapter; and number of workers participating in each field, the record of the further proceedings. The new ‘‘(2) to carry out functions delegated to the classified by major types of training or edu- or modified findings of fact must be supported Secretary of Labor under this chapter, includ- cation. by substantial evidence and must be based on a ‘‘(9) The number of workers leaving training ing— reasonable investigation.’’; and before completing a course of training or edu- ‘‘(A) making determinations under section 223 (3) in subsection (c), by striking the first sen- cation, classified by the cause for early termi- or 223A; tence. ‘‘(B) providing information about the program nation. SEC. 169. LIBERAL CONSTRUCTION OF CERTIFI- ‘‘(10) The number of training waivers granted, and assisting groups of workers and other par- CATION OF WORKERS AND FIRMS. classified by type of waiver. ties to prepare petitions or applications for pro- (a) IN GENERAL.—Chapter 5 of title II of the ‘‘(11) The wages of workers before separation gram benefits under section 225; Trade Act of 1974 (19 U.S.C. 2391 et seq.) is and any job obtained after receiving benefits ‘‘(C) ensuring workers covered by a certifi- amended by adding at the end the following: under the trade adjustment assistance program cation receive the employment services described ‘‘SEC. 288. LIBERAL CONSTRUCTION OF CERTIFI- under this chapter. in section 235; CATION OF WORKERS AND FIRMS. ‘‘(12) The average duration of training that ‘‘The provisions of chapter 2 (relating to ad- ‘‘(D) ensuring States fully comply with agree- was completed. ments under section 239; justment assistance for workers) and the provi- ‘‘(c) COLLECTION OF DATA FROM STATES.— sions of chapter 3 (relating to adjustment assist- ‘‘(E) acting as a vigorous advocate for work- The Secretary is authorized to collect such data ers applying for assistance under this chapter; ance for firms) shall be liberally construed in from the States as is necessary to carry out this favor of certifying workers for assistance under ‘‘(F) receiving complaints, grievances, and re- section. quests for assistance from workers under this such chapter 2 and certifying firms for assist- ‘‘(d) REPORT.—Not later than 16 months after ance under such chapter 3.’’. chapter; the date of the enactment of the Trade and ‘‘(G) establishing and overseeing a hotline (b) CLERICAL AMENDMENT.—The table of con- Globalization Assistance Act of 2007, and annu- tents for title II of the Trade Act of 1974 is that workers, employers, and other entities may ally thereafter, the Secretary shall submit to the call to obtain information regarding eligibility amended by inserting after the item relating to Committee on Ways and Means of the House of section 287 the following: criteria, procedural requirements, and benefits Representatives, the Committee on Finance of ‘‘Sec. 288. Liberal construction of certification available under this chapter; and the Senate, and any other congressional com- of workers and firms.’’. ‘‘(H) carrying out such other duties with re- mittee of appropriate jurisdiction, a report on spect to this chapter as the President may speci- whether changes to eligibility requirements, ben- TITLE II—TRADE ADJUSTMENT fy for purposes of this section.’’. efits, or training funding under the trade ad- ASSISTANCE FOR FIRMS (b) CLERICAL AMENDMENT.—The table of con- justment assistance program under this chapter SEC. 201. TRADE ADJUSTMENT ASSISTANCE FOR tents for title II of the Trade Act of 1974 is should be made based on the data collected FIRMS. amended by inserting after the item relating to under subsection (b). (a) IN GENERAL.—Section 251 of the Trade Act section 249 the following: ‘‘(e) AVAILABILITY ON WEBSITE OF THE DE- of 1974 (19 U.S.C. 2341) is amended— ‘‘Sec. 250. Office of Trade Adjustment Assist- PARTMENT OF LABOR.—The Secretary shall make (1) in subsection (a), by inserting ‘‘or service ance; Deputy Assistant Secretary the data collected under subsection (b) publicly sector firm’’ after ‘‘(including any agricultural for Trade Adjustment Assist- available on the website of the Department of firm’’; ance.’’. Labor, in a searchable format, and shall update (2) in subsection (c)— (A) in paragraph (1)— SEC. 166. COLLECTION OF DATA AND REPORTS; the data quarterly.’’. INFORMATION TO WORKERS. (b) CLERICAL AMENDMENT.—The table of con- (i) in the matter preceding subparagraph (A), by inserting ‘‘or service sector firm’’ after ‘‘any (a) IN GENERAL.—Subchapter C of chapter 2 of tents for title II of the Trade Act of 1974 is title II of the Trade Act of 1974 (19 U.S.C. 2311 amended by inserting after the item relating to agricultural firm’’; and section 250 (as added by section 163(b) of this (ii) in subparagraph (B)— et seq.) is amended by adding at the end the fol- (I) in clause (i), by striking ‘‘, or’’ and insert- Act) the following: lowing: ing a comma; ‘‘SEC. 250A. COLLECTION OF DATA AND REPORTS; ‘‘Sec. 250A. Collection of data and reports; in- (II) in clause (ii)— INFORMATION TO WORKERS. formation to workers.’’. (aa) by inserting ‘‘or service’’ after ‘‘of an ar- ‘‘(a) IN GENERAL.—Not later than 90 days SEC. 167. EXTENSION OF TAA PROGRAM. ticle’’; and after the date of the enactment of the Trade and (a) FOR WORKERS.—Section 245(a) of the (bb) by striking ‘‘, and’’ and inserting a Globalization Assistance Act of 2007, the Sec- Trade Act of 1974 (19 U.S.C. 2317(a)) is amended comma; and retary shall implement a system to collect and by striking ‘‘December 31, 2007’’ and inserting (III) by adding at the end the following: publicly disseminate data on all adversely af- ‘‘September 30, 2012’’. ‘‘(iii) sales or production, or both, of the firm, fected workers who apply for or receive adjust- (b) TERMINATION.—Section 285 of the Trade during the period consisting of not more than 36 ment assistance under this chapter. Act of 1974 (19 U.S.C. 2271 note) is amended by months preceding the most recent 12-month pe- ‘‘(b) DATA TO BE INCLUDED.—The system re- striking ‘‘December 31, 2007’’ each place it ap- riod for which data are available, have de- quired under subsection (a) shall include collec- pears and inserting ‘‘September 30, 2012’’. creased absolutely, or

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.018 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12275 ‘‘(iv) sales or production, or both, of an article (1) in the first sentence, by striking ‘‘new amended by inserting after the item relating to or service that accounted for not less than 25 product development’’ and inserting ‘‘the devel- section 265 the following: percent of the total production or sales of the opment of new products and services’’; and ‘‘Sec. 266. Demonstration project on strategic firm during the 36-month period preceding the (2) in the second sentence, by inserting ‘‘, trade transformation assistance.’’. most recent 12-month period for which data are 223A,’’ after ‘‘223’’. TITLE III—TRADE ADJUSTMENT available have decreased absolutely, and’’; and SEC. 204. DEMONSTRATION PROJECT ON STRA- ASSISTANCE FOR FARMERS (B) in the matter preceding subparagraph (A) TEGIC TRADE TRANSFORMATION AS- of paragraph (2) , by striking ‘‘paragraph SISTANCE. SEC. 301. ELIGIBILITY OF CERTAIN OTHER PRO- (1)(C)—’’ and inserting ‘‘paragraph (1)(C):’’; (a) IN GENERAL.—Chapter 3 of title II of the DUCERS. and Trade Act of 1974 (19 U.S.C. 2341 et seq.) is Section 292 of the Trade Act of 1974 (19 U.S.C. (3) by adding at the end the following: amended by adding at the end the following: 2401a) is amended— (1) in subsection (a), by inserting ‘‘and on the ‘‘(e) BASIS FOR THE DETERMINATION OF THE ‘‘SEC. 266. DEMONSTRATION PROJECT ON STRA- SECRETARY.— TEGIC TRADE TRANSFORMATION AS- Website of the Department of Agriculture’’ after ‘‘(1) INCREASED IMPORTS.—For purposes of SISTANCE. ‘‘Federal Register’’; and subsection (c)(1)(C), the Secretary— ‘‘(a) IN GENERAL.—The Secretary shall con- (2) by adding at the end the following: ‘‘(A) may use data from any of the preceding duct a demonstration project (in this section re- ‘‘(f) ELIGIBILITY OF CERTAIN OTHER PRO- three calendar years to determine if the require- ferred to as the ‘project’) to demonstrate a pro- DUCERS.—An agricultural commodity producer ments of such subsection have been met; grammatic framework that will allow small- and or group of producers that resides outside of the ‘‘(B) may determine that increases of imports medium-sized manufacturers in the United State or region identified in a petition filed of like or directly competitive articles or services States to gain access to resources that will help under subsection (a) may file a request to be- exist if customers accounting for a significant them better compete domestically and globally. come a party to that petition not later than 30 percentage of the decrease in the sales of the The project should include among its primary days after the date notice is published in the firm certify to the Secretary that such customers goals the following: Federal Register and on the Website of the De- are obtaining such articles or services from a ‘‘(1) Expanding the number of firms capable of partment of Agriculture with respect to that pe- foreign country; and taking advantage of a trade remedy program tition.’’. ‘‘(C) may, in determining whether increased without drastically increasing the cost of the TITLE IV—UNEMPLOYMENT INSURANCE imports of like or directly competitive articles or remedy to the taxpayer. SEC. 301. SHORT TITLE. services exist, give special consideration to ‘‘(2) Certifying and providing assistance to whether it is difficult to demonstrate an in- This title may be cited as the ‘‘Unemployment approximately 700 firms. Insurance Modernization Act’’. crease of such imports if the share of such im- ‘‘(3) Integrating the benefits of other applica- SEC. 302. SPECIAL TRANSFERS TO STATE AC- ports relative to production or consumption in ble government programs into the project, and the United States of the article produced or COUNTS IN THE UNEMPLOYMENT making benefits from the project subject to that TRUST FUND. service provided by the firm concerned is al- integration. (a) IN GENERAL.—Section 903 of the Social Se- ready significant. ‘‘(4) Increasing the number of small- and me- curity Act (42 U.S.C. 1103) is amended by adding ‘‘(2) PROCESS AND METHODS FOR OBTAINING dium-sized firms that export and increasing the at the end the following: CERTIFICATIONS.— value of exports from these firms. ‘‘Special Transfers in Fiscal Years 2008 Through ‘‘(A) REQUEST BY PETITIONER.—If requested ‘‘(5) Increasing revenues that small- and me- 2012 for Modernization by a firm, the Secretary shall obtain the certifi- dium-sized firms derive from sales to the Federal cations under paragraph (1)(B) in such manner Government and State and local governments. ‘‘(f)(1)(A) In addition to any other amounts, as the Secretary determines is appropriate. ‘‘(6) Expanding technology availability to the the Secretary of Labor shall provide for the ‘‘(B) PROTECTION OF CONFIDENTIAL INFORMA- small- and medium-sized firm segment by in- making of unemployment compensation mod- TION.—The Secretary may not release informa- creasing access to, and adoption of, the latest ernization incentive payments (hereinafter ‘in- tion obtained under subparagraph (A) that the technologies being developed at Federal labora- centive payments’) to the accounts of the States Secretary considers to be confidential business tories and at universities. in the Unemployment Trust Fund, by transfer information unless the party submitting the con- ‘‘(7) Improving the business and manufac- from amounts reserved for that purpose in the fidential business information had notice, at the turing practices of small- and medium-sized Federal unemployment account, in accordance time of submission, that such information would firms to enable them to become competitive in a with succeeding provisions of this subsection. be released by the Secretary, or such party sub- global marketplace. ‘‘(B) The maximum incentive payment allow- sequently consents to the release of the informa- ‘‘(b) ADVISORY BOARD.— able under this subsection with respect to any tion. Nothing in this subparagraph shall be con- ‘‘(1) IN GENERAL.—In carrying out the project, State shall, as determined by the Secretary of strued to prohibit a court from requiring the the Secretary shall establish an advisory board Labor, be equal to the amount obtained by mul- submission of such confidential business infor- comprised of representatives described in para- tiplying $7,000,000,000 times the same ratio as is mation to the court in camera. graph (2) to provide advice and recommenda- applicable under subsection (a)(2)(B) for pur- ‘‘(f) NOTIFICATION TO FIRMS OF AVAILABILITY tions with respect to the establishment and oper- poses of determining such State’s share of any OF BENEFITS.—Upon receiving notice from the ation of the project. funds to be transferred under subsection (a) as Secretary of Labor under section 225(c) of the ‘‘(2) REPRESENTATIVES.—Representatives re- of October 1, 2007. identity of a firm or firms that are covered by a ferred to in paragraph (1) shall consist of the re- ‘‘(C) Of the maximum incentive payment de- certification issued under section 223 or 223A, spective executive directors of each Trade Ad- termined under subparagraph (B) with respect the Secretary of Commerce shall notify such justment Assistance Center affiliated with the to a State— firm or firms of the availability of adjustment trade adjustment assistance for firms program ‘‘(i) one-third shall be transferred to the ac- assistance under this chapter.’’. under this chapter. count of such State upon a certification under (b) DEFINITION.—Section 261 of the Trade Act ‘‘(c) DURATION.—The Secretary shall conduct paragraph (4)(B) that the State law of such of 1974 (19 U.S.C. 2351) is amended— State meets the requirements of paragraph (2); (1) by striking ‘‘For purposes of’’ and insert- the project for the 3-year period beginning on and ing ‘‘(a) FIRM.—For purposes of’’; and the date that is 180 days after the date of the (2) by adding at the end the following: enactment of this Act. ‘‘(ii) the remainder shall be transferred to the ‘‘(b) SERVICE SECTOR FIRM.—For purposes of ‘‘(d) ADMINISTRATION OF PROJECT.—In imple- account of such State upon a certification under this chapter, the term ‘service sector firm’ means menting the project, the Secretary shall give paragraph (4)(B) that the State law of such a firm engaged in the business of providing serv- preference, in entering into contracts for the op- State meets the requirements of paragraph (3). ices.’’. eration and administration of the project, to ‘‘(2) The State law of a State meets the re- SEC. 202. EXTENSION OF AUTHORIZATION OF Trade Adjustment Assistance Centers affiliated quirements of this paragraph if such State law— TRADE ADJUSTMENT ASSISTANCE with the trade adjustment assistance for firms ‘‘(A) uses a base period that includes the most FOR FIRMS. program under this chapter. recently completed calendar quarter before the Section 256(b) of the Trade Act of 1974 (19 ‘‘(e) REPORT.—The Secretary shall submit to start of the benefit year for purposes of deter- U.S.C. 2346(b)) is amended— the Congress a report on the project under this mining eligibility for unemployment compensa- (1) by striking ‘‘and $4,000,000 for the 3-month section not later than 6 months after the date of tion; or period beginning on October 1, 2007,’’ inserting the completion of the project. Such report shall ‘‘(B) provides that, in the case of an indi- ‘‘and $50,000,000 for each of fiscal years 2008 include— vidual who would not otherwise be eligible for through 2012,’’ after ‘‘fiscal years 2003 through ‘‘(1) information on the impact of the project unemployment compensation under the State 2007,’’; and on mitigating the impact of imports in terms of law because of the use of a base period that does (2) by inserting after the first sentence the fol- competitiveness; and not include the most recently completed cal- lowing: ‘‘Of the amounts appropriated pursuant ‘‘(2) recommendations on the cost-effectiveness endar quarter before the start of the benefit to this subsection for each fiscal year, $350,000 of extending or expanding the project. year, eligibility shall be determined using a base shall be available for full-time positions in the ‘‘(f) FUNDING.—Of the amounts made avail- period that includes such calendar quarter. Department of Commerce to administer the pro- able to carry out this chapter for fiscal years ‘‘(3) The State law of a State meets the re- gram under this chapter.’’. 2008 through 2012, not more than $1,000,000 for quirements of this paragraph if such State law SEC. 203. INDUSTRY-WIDE PROGRAMS FOR THE each such fiscal year is authorized to be made includes provisions to carry out at least 2 of the DEVELOPMENT OF NEW SERVICES. available to carry out this section.’’. following subparagraphs: Section 265(a) of the Trade Act of 1974 (19 (b) CLERICAL AMENDMENT.—The table of con- ‘‘(A) An individual shall not be denied regular U.S.C. 2355(a)) is amended— tents for title II of the Trade Act of 1974 is unemployment compensation under any State

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.018 H31OCPT1 cnoel on PRODPC60 with HOUSE H12276 CONGRESSIONAL RECORD — HOUSE October 31, 2007 law provisions relating to availability for work, made with respect to any State whose State law ‘‘(i) the administration of the provisions of its active search for work, or refusal to accept is not otherwise eligible for certification under State law carrying out the purposes of sub- work, solely because such individual is seeking section 303 or approvable under section 3304 of section (f)(2) or any subparagraph of subsection only part-time (and not full-time) work, except the Federal Unemployment Tax Act. (f)(3); that the State law provisions carrying out this ‘‘(ii) No certification of compliance with the ‘‘(ii) improved outreach to individuals who subparagraph may exclude an individual if a requirements of paragraph (3) may be made with might be eligible for regular unemployment com- majority of the weeks of work in such individ- respect to any State whose State law is not in pensation by virtue of any provisions of the ual’s base period do not include part-time work. compliance with the requirements of paragraph State law which are described in clause (i); ‘‘(B) An individual shall not be disqualified (2). ‘‘(iii) the improvement of unemployment ben- from regular unemployment compensation for ‘‘(iii) No application under subparagraph (A) efit and unemployment tax operations; and separating from employment if that separation may be considered if submitted before October 1, ‘‘(iv) staff-assisted reemployment services for is for compelling family reasons. For purposes of 2007, or after the latest date necessary (as speci- unemployment compensation claimants; and this subparagraph, the term ‘compelling family fied by the Secretary of Labor in regulations) to ‘‘(B) shall be excluded from the application of reasons’ includes at least the following: ensure that all incentive payments under this subsection (c). ‘‘(i) Domestic violence (verified by such rea- subsection are made before October 1, 2012. sonable and confidential documentation as the ‘‘(5)(A) Except as provided in subparagraph ‘‘(4) The total additional amount made avail- State law may require) which causes the indi- (B), any amount transferred to the account of a able by this subsection in a fiscal year shall be vidual reasonably to believe that such individ- State under this subsection may be used by such taken out of the amounts remaining in the em- ual’s continued employment would jeopardize State only in the payment of cash benefits to in- ployment security administration account after the safety of the individual or of any member of dividuals with respect to their unemployment subtracting the total amount which (dis- the individual’s immediate family. (including for dependents’ allowances and for regarding this subsection) is otherwise required ‘‘(ii) The illness or disability of a member of unemployment compensation under paragraph to be transferred from such account in such fis- the individual’s immediate family. (3)(C)), exclusive of expenses of administration. cal year pursuant to subsections (a) and (b).’’. ‘‘(iii) The need for the individual to accom- ‘‘(B) A State may, subject to the same condi- (b) REGULATIONS.—The Secretary of Labor pany such individual’s spouse— tions as set forth in subsection (c)(2) (excluding may prescribe any regulations necessary to ‘‘(I) to a place from which it is impractical for subparagraph (B) thereof, and deeming the ref- carry out the amendment made by subsection such individual to commute; and erence to ‘subsections (a) and (b)’ in subpara- (a). ‘‘(II) due to a change in location of the graph (D) thereof to include this subsection), SEC. 303. EXTENSION OF FUTA TAX. spouse’s employment. use any amount transferred to the account of ‘‘(C) Weekly unemployment compensation is Section 3301 of the Internal Revenue Code of such State under this subsection for the admin- 1986 (relating to rate of tax) is amended— payable under this subparagraph to any indi- istration of its unemployment compensation law vidual who is unemployed (as determined under (1) by striking ‘‘2007’’ in paragraph (1) and and public employment offices. inserting ‘‘2010’’, and the State unemployment compensation law), has ‘‘(6) Out of any money in the Federal unem- (2) by striking ‘‘2008’’ in paragraph (2) and exhausted all rights to regular and (if applica- ployment account not otherwise appropriated, inserting ‘‘2011’’. ble) extended unemployment compensation the Secretary of the Treasury shall reserve under the State law, and is enrolled and making $7,000,000,000 for incentive payments under this SEC. 304. SAFETY NET REVIEW COMMISSION. satisfactory progress in a State-approved train- subsection. Any amount so reserved shall not be (a) ESTABLISHMENT.—The Secretary of Labor ing program or in a job training program au- taken into account for purposes of any deter- shall establish an advisory commission to be thorized under the Workforce Investment Act of mination under section 902, 910, or 1203 of the known as the ‘‘Safety Net Review Commission’’ 1998. Such program shall prepare individuals amount in the Federal unemployment account (hereinafter in this section referred to as the who have been separated from a declining occu- as of any given time. Any amount so reserved ‘‘Commission’’). pation, or who have been involuntarily and in- for which the Secretary of the Treasury has not (b) FUNCTION.—It shall be the function of the definitely separated from employment as a result received a certification under paragraph (4)(B) Commission to evaluate the unemployment com- of a permanent reduction of operations at the by the deadline described in paragraph pensation program, the Trade Adjustment As- individual’s place of employment, for entry into (4)(C)(iii) shall, upon the close of fiscal year sistance program, the Job Corps program, a pro- a high-demand occupation. The amount of un- 2012, become unrestricted as to use as part of the gram under the Workforce Investment Act, and employment compensation payable under this Federal unemployment account. other employment assistance programs, includ- subparagraph to an individual for a week of un- ‘‘(7) For purposes of this subsection, the terms ing the purpose, goals, countercyclical effective- employment shall be equal to the individual’s ‘benefit year’, ‘base period’, and ‘week’ have the ness, coverage, benefit adequacy, trust fund sol- average weekly benefit amount (including de- respective meanings given such terms under sec- vency, funding of State administrative costs, ad- pendents’ allowances) for the most recent ben- tion 205 of the Federal-State Extended Unem- ministrative efficiency, and any other aspects of efit year, and the total amount of unemploy- ployment Compensation Act of 1970 (26 U.S.C. each such program, as well as any related provi- ment compensation payable under this subpara- 3304 note). sions of the Internal Revenue Code of 1986, and graph to any individual shall be equal to at to make recommendations for their improvement. least 26 times the individual’s average weekly ‘‘Special Transfers in Fiscal Years 2008 Through benefit amount (including dependents’ allow- 2012 for Administration (c) MEMBERS.— ances) for the most recent benefit year. ‘‘(g)(1) Notwithstanding any other provision (1) IN GENERAL.—The Commission shall consist ‘‘(4)(A) Any State seeking an incentive pay- of this section, the total amount available for of 11 members as follows: ment under this subsection shall submit an ap- transfer to the accounts of the States pursuant (A) 5 members appointed by the President, to plication therefor at such time, in such manner, to subsection (a) as of the beginning of each of include representatives of business, labor, State and complete with such information as the Sec- fiscal years 2008, 2009, 2010, 2011, and 2012 shall government, and the public. retary of Labor may by regulation prescribe, in- be equal to the total amount which (dis- (B) 3 members appointed by the President pro cluding information relating to compliance with regarding this subsection) would otherwise be so tempore of the Senate, in consultation with the the requirements of paragraph (2) or (3), as well available, increased by $100,000,000. Chairman and ranking member of the Committee as how the State intends to use the incentive ‘‘(2) Each State’s share of any additional on Finance of the Senate. payment to improve or strengthen the State’s amount made available by this subsection shall (C) 3 members appointed by the Speaker of the unemployment compensation program. The Sec- be determined, certified, and computed in the House of Representatives, in consultation with retary of Labor shall, within 90 days after re- same manner as described in subsection (a)(2) the Chairman and ranking member of the Com- ceiving a complete application, notify the State and shall be subject to the same limitations on mittee on Ways and Means of the House of Rep- agency of the State of the Secretary’s findings transfers as described in subsection (b). For pur- resentatives. poses of applying subsection (b)(2), the balance with respect to the requirements of paragraph (2) QUALIFICATIONS.—In appointing members (2) or (3) (or both). of any advances made to a State under section under subparagraphs (B) and (C) of paragraph ‘‘(B) If the Secretary of Labor finds that the 1201 shall be credited against, and operate to re- (1), the President pro tempore of the Senate and State law provisions (disregarding any State law duce (but not below zero)— the Speaker of the House of Representatives provisions which are not then currently in effect ‘‘(A) first, any additional amount which, as a shall each appoint— as permanent law or which are subject to dis- result of the enactment of this subsection, is to (A) 1 representative of the interests of busi- continuation under certain conditions) meet the be transferred to the account of such State in a ness, requirements of paragraph (2) or (3), as the case fiscal year; and may be, the Secretary of Labor shall thereupon ‘‘(B) second, any amount which (disregarding (B) 1 representative of the interests of labor, make a certification to that effect to the Sec- this subsection) is otherwise to be transferred to and retary of the Treasury, together with a certifi- the account of such State pursuant to sub- (C) 1 representative of the interests of State cation as to the amount of the incentive pay- sections (a) and (b) in such fiscal year. governments. ment to be transferred to the State account pur- ‘‘(3) Any additional amount transferred to the (3) VACANCIES.—A vacancy in the Commission suant to that finding. The Secretary of the account of a State as a result of the enactment shall be filled in the manner in which the origi- Treasury shall make the appropriate transfer of this subsection— nal appointment was made. within 30 days after receiving such certification. ‘‘(A) may be used by the State agency of such (4) CHAIRMAN.—The President shall appoint ‘‘(C)(i) No certification of compliance with the State only in the payment of expenses incurred the Chairman of the Commission from among its requirements of paragraph (2) or (3) may be by it for— members.

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(d) STAFF AND OTHER ASSISTANCE.— section of an area if such Secretary determines public infrastructure, and construction of public (1) IN GENERAL.—The Commission may engage that the local government or the State in which facilities. any technical assistance (including actuarial it is located— ‘‘(d) DEFINITIONS.—For purposes of this sec- services) required by the Commission to carry ‘‘(A) has modified the boundaries of the area, tion, any term used in this section which is also out its functions under this section. or used in section 54A shall have the same meaning (2) ASSISTANCE FROM SECRETARY OF LABOR.— ‘‘(B) is not complying substantially with, or given such term by section 54A. The Secretary of Labor shall provide the Com- fails to make progress in achieving the bench- ‘‘SEC. 1400U–4. TAX-EXEMPT MANUFACTURING mission with any staff, office facilities, and marks set forth in, the strategic plan included ZONE FACILITY BONDS. other assistance, and any data prepared by the with the application ‘‘(a) IN GENERAL.—For purposes of part IV of Department of Labor, required by the Commis- ‘‘(e) LIMITATIONS ON DESIGNATIONS; APPLICA- subchapter B (relating to tax exemption require- sion to carry out its functions under this sec- TION.—Rules similar to the rules of subsections ments for State and local bonds), the term ‘ex- tion. (e) and (f) of section 1391 shall apply for pur- empt facility bond’ includes any bond issued as (e) COMPENSATION.—Each member of the Com- poses of this section except that the rules of part of an issue if— mission— such subsection (f) shall be applied with respect ‘‘(1) 95 percent or more of the net proceeds (as (1) shall be entitled to receive compensation at to the eligibility criteria specified in section defined in section 150(a)(3)) of such issue are to the rate of pay for level V of the Executive 1400U–2. be used for manufacturing zone property, and Schedule under section 5316 of title 5, United ‘‘(f) DETERMINATIONS OF POPULATION.—Any ‘‘(2) the local government which nominated States Code, for each day (including travel time) determination of population under this part the area to which such bond relates designates during which such member is engaged in the ac- shall be made on the basis of the most recent de- such bond for purposes of this section. tual performance of duties vested in the Com- cennial census for which data are available. ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- mission; and IGNATED.— ‘‘SEC. 1400U–2. ELIGIBILITY CRITERIA. (2) while engaged in the performance of such ‘‘(1) IN GENERAL.—The aggregate face amount ‘‘(a) IN GENERAL.—A nominated area shall be duties away from such member’s home or reg- of bonds which may be designated under sub- eligible for designation under section 1400U–1 ular place of business, shall be allowed travel section (a)(2) with respect to any manufacturing only if— expenses (including per diem in lieu of subsist- redevelopment zone shall not exceed ‘‘(1) it meets each of the criteria specified in ence) as authorized by section 5703 of such title $230,000,000. section 1392(a), 5 for persons in the Government employed inter- ‘‘(2) CURRENT REFUNDING NOT TAKEN INTO AC- ‘‘(2) the nominated area has experienced a mittently. COUNT.—In the case of a refunding (or series of significant decline in the number of individuals (f) REPORT.—Not later than 6 months after the refundings) of a bond designated under this sec- date of the enactment of this Act, the Commis- employed in manufacturing or has a high con- tion, the refunding obligation shall be treated as sion shall submit to the President and the Con- centration of abandoned or underutilized manu- designated under subsection (a)(2) (and shall gress a report setting forth the findings and rec- facturing facilities, and not be taken into account in applying para- ommendations of the Commission as a result of ‘‘(3) no portion of the nominated area is lo- graph (1)) if— its evaluation under this section. cated in an empowerment zone or renewal com- ‘‘(A) the amount of the refunding bond does (g) TERMINATION.—The Commission shall ter- munity, unless the local government which nom- not exceed the outstanding amount of the re- minate 2 months after submitting its report pur- inated the area elects to terminate such designa- funded bond, and suant to subsection (f). tion as an empowerment zone or renewal com- ‘‘(B) the refunded bond is redeemed not later munity. TITLE V—MANUFACTURING than 90 days after the date of issuance of the re- ‘‘(b) APPLICATION OF CERTAIN RULES; DEFINI- REDEVELOPMENT ZONES funding bond. TIONS.—For purposes of this subchapter— ‘‘(c) LIMITATION ON AMOUNT OF BONDS ALLO- SEC. 401. MANUFACTURING REDEVELOPMENT ‘‘(1) rules similar to the rules of subsections CABLE TO ANY PERSON.— ZONES. (b), (c), and (d) of section 1392 and paragraphs ‘‘(1) IN GENERAL.—Subsection (a) shall not (a) IN GENERAL.—Subchapter Y of chapter 1 (4), (7), (8), and (9) of section 1393(a) shall apply to any issue if the aggregate amount of of the Internal Revenue Code of 1986 is amended apply, and outstanding manufacturing zone facility bonds by adding at the end the following new part: ‘‘(2) any term defined in section 1393 shall allocable to any person (taking into account ‘‘PART III—MANUFACTURING have the same meaning when used in this sub- such issue) exceeds— REDEVELOPMENT ZONES chapter. ‘‘(A) $15,000,000 with respect to any 1 manu- ‘‘Sec. 1400U–1. Designation of manufacturing ‘‘(c) DISCRETION TO ADJUST REQUIREMENTS.— facturing redevelopment zone, or redevelopment zones. In determining whether a nominated area is eli- ‘‘(B) $20,000,000 with respect to all manufac- ‘‘Sec. 1400U–2. Eligibility criteria. gible for designation as a manufacturing rede- turing redevelopment zones. ‘‘Sec. 1400U–3. Manufacturing redevelopment velopment zone, the Secretary may, where nec- ‘‘(2) AGGREGATE ENTERPRISE ZONE FACILITY tax credit bonds. essary to carry out the purposes of this part, BOND BENEFIT.—For purposes of paragraph (1), ‘‘Sec. 1400U–4. Tax-exempt manufacturing zone waive the requirement of section 1392(a)(4) if it the aggregate amount of outstanding manufac- facility bonds. is shown that the nominated area has experi- turing zone facility bonds allocable to any per- ‘‘Sec. 1400U–5. Additional low-income housing enced a loss of manufacturing jobs during the son shall be determined under rules similar to credits. previous 20 years which is in excess of 25 per- the rules of section 144(a)(10), taking into ac- ‘‘SEC. 1400U–1. DESIGNATION OF MANUFAC- cent. count only bonds to which subsection (a) ap- TURING REDEVELOPMENT ZONES. ‘‘SEC. 1400U–3. MANUFACTURING REDEVELOP- plies. N ENERAL ‘‘(a) I G .—From among the areas MENT TAX CREDIT BONDS. ‘‘(d) MANUFACTURING ZONE PROPERTY.—For nominated for designation under this section, purposes of this section— ‘‘(a) IN GENERAL.—For purposes of subpart I the Secretary may designate manufacturing re- ‘‘(1) IN GENERAL.—The term ‘manufacturing of part IV of subchapter A (relating to qualified development zones. zone property’ means any property to which tax credit bonds), the term ‘manufacturing rede- ‘‘(b) LIMITATIONS ON DESIGNATIONS.—The Sec- section 168 applies (or would apply but for sec- velopment bond’ means any bond issued as part retary may designate in the aggregate 24 nomi- tion 179) if— of an issue if— nated areas as manufacturing redevelopment ‘‘(A) such property was acquired by the tax- ‘‘(1) 100 percent of the available project pro- zones, subject to the availability of eligible nom- payer by purchase (as defined in section ceeds of such issue are to be used for one or inated areas. The Secretary shall designate 179(d)(2)) after the date on which the designa- more qualified manufacturing redevelopment manufacturing redevelopment zones in such tion of the manufacturing redevelopment zone purposes, manner that the aggregate population of all took effect, ‘‘(2) the bond is not a private activity bond, such zones does not exceed 2,000,000. ‘‘(B) the original use of which in the manu- ‘‘(c) PERIOD DESIGNATION MAY BE MADE.—A and facturing redevelopment zone commences with designation may be made under subsection (a) ‘‘(3) the local government which nominated the taxpayer, and only during the 2-year period beginning on the the area to which such bond relates designates ‘‘(C) substantially all of the use of which is in date of the enactment of this section. such bond for purposes of this section. the manufacturing redevelopment zone and is in ‘‘(d) PERIOD FOR WHICH DESIGNATION ISIN ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- the active conduct of a qualified business by the EFFECT.— IGNATED.—The maximum aggregate face amount taxpayer in such zone. ‘‘(1) IN GENERAL.—Any designation under this of bonds which may be designated under sub- ‘‘(2) QUALIFIED BUSINESS.—The term ‘qualified section shall remain in effect during the period section (a) with respect to any manufacturing business’ means any trade or business except beginning on the date of the designation and redevelopment zone shall not exceed that— ending on the earliest of— $150,000,000. ‘‘(A) the rental to others of real property lo- ‘‘(A) the close of the 10th calendar year begin- ‘‘(c) QUALIFIED MANUFACTURING REDEVELOP- cated in a manufacturing redevelopment zone ning on or after the date of the designation, MENT PURPOSE.—For purposes of this section, shall be treated as a qualified business only if ‘‘(B) the termination date designated by the the term ‘qualified manufacturing redevelop- the property is not residential rental property State and local governments as provided for in ment purposes’ means capital expenditures paid (as defined in section 168(e)(2)), and their nomination, or or incurred with respect to property located in a ‘‘(B) such term shall not include any trade or ‘‘(C) the date the Secretary revokes the des- manufacturing redevelopment zone for purposes business consisting of the operation of any facil- ignation. of promoting development or other economic ac- ity described in section 144(c)(6)(B). ‘‘(2) REVOCATION OF DESIGNATION.—The Sec- tivity in such zone, including expenditures for ‘‘(3) SPECIAL RULES FOR SUBSTANTIAL RENOVA- retary may revoke the designation under this environmental remediation, improvements to TIONS AND SALE-LEASEBACK.—Rules similar to

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the rules of subsections (a)(2) and (b) of section ‘‘(3) APPLICABLE CREDIT RATE.—For purposes fied purposes will continue to proceed with due 1397D shall apply for purposes of this sub- of paragraph (2), the applicable credit rate is diligence. section. the rate which the Secretary estimates will per- ‘‘(C) QUALIFIED PURPOSE.—For purposes of ‘‘(e) NONAPPLICATION OF CERTAIN RULES.— mit the issuance of qualified tax credit bonds this paragraph, the term ‘qualified purpose’ Sections 57(a)(5) (relating to tax-exempt inter- with a specified maturity or redemption date means a purpose specified in section 1400U– est), 146 (relating to volume cap), and 147(d) (re- without discount and without interest cost to 3(a)(1). lating to acquisition of existing property not the qualified issuer. The applicable credit rate ‘‘(D) REIMBURSEMENT.—For purposes of this permitted) shall not apply to any manufac- with respect to any qualified tax credit bond subtitle, available project proceeds of an issue turing zone facility bond. shall be determined as of the first day on which shall be treated as spent for a qualified purpose ‘‘SEC. 1400U–5. ADDITIONAL LOW-INCOME HOUS- there is a binding, written contract for the sale if such proceeds are used to reimburse the issuer ING CREDITS. or exchange of the bond. for amounts paid for a qualified purpose after ‘‘(a) IN GENERAL.—For purposes of section 42, ‘‘(4) SPECIAL RULE FOR ISSUANCE AND REDEMP- the date that the Secretary makes an allocation in the case of each calendar year during which TION.—In the case of a bond which is issued of bond limitation with respect to such issue, the designation of a manufacturing redevelop- during the 3-month period ending on a credit al- but only if— ment zone is in effect, the State housing credit lowance date, the amount of the credit deter- ‘‘(i) prior to the payment of the original ex- ceiling of the State which includes such manu- mined under this subsection with respect to such penditure, the issuer declared its intent to reim- facturing redevelopment zone shall be increased credit allowance date shall be a ratable portion burse such expenditure with the proceeds of a by the lesser of— of the credit otherwise determined based on the qualified tax credit bond, ‘‘(1) the aggregate housing credit dollar portion of the 3-month period during which the ‘‘(ii) not later than 60 days after payment of amount allocated by the State housing credit bond is outstanding. A similar rule shall apply the original expenditure, the issuer adopts an agency of such State to buildings located in when the bond is redeemed or matures. official intent to reimburse the original expendi- such manufacturing redevelopment zone for ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.— ture with such proceeds, and such calendar year, or ‘‘(1) IN GENERAL.—The credit allowed under ‘‘(iii) the reimbursement is made not later ‘‘(2) the excess of— subsection (a) for any taxable year shall not ex- than 18 months after the date the original ex- ‘‘(A) the manufacturing zone housing amount ceed the excess of— penditure is paid. with respect to such manufacturing redevelop- ‘‘(A) the sum of the regular tax liability (as ‘‘(3) REPORTING.—An issue shall be treated as ment zone, over defined in section 26(b)) plus the tax imposed by meeting the requirements of this paragraph if ‘‘(B) the aggregate increases under this sub- section 55, over the issuer of qualified tax credit bonds submits section with respect to such zone for all pre- ‘‘(B) the sum of the credits allowable under reports similar to the reports required under sec- ceding calendar years. this part (other than subpart C and this sub- tion 149(e). ‘‘(4) SPECIAL RULES RELATING TO ARBITRAGE.— ‘‘(b) MANUFACTURING ZONE HOUSING part). ‘‘(A) IN GENERAL.—An issue shall be treated AMOUNT.—For purposes of subsection (a), the ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the as meeting the requirements of this paragraph if term ‘manufacturing zone housing amount’ credit allowable under subsection (a) exceeds the issuer satisfies the requirements of section means, with respect to any manufacturing rede- the limitation imposed by paragraph (1) for such 148 with respect to the proceeds of the issue. velopment zone, the product of $20 multiplied by taxable year, such excess shall be carried to the ‘‘(B) SPECIAL RULE FOR INVESTMENTS DURING the population of such zone. succeeding taxable year and added to the credit allowable under subsection (a) for such taxable EXPENDITURE PERIOD.—An issue shall not be ‘‘(c) OTHER RULES.— treated as failing to meet the requirements of ‘‘(1) CARRYOVERS.—Rules similar to the rules year (determined before the application of para- subparagraph (A) by reason of any investment of section 1400N(c)(1)(C) shall apply for pur- graph (1) for such succeeding taxable year). of available project proceeds during the expendi- poses of this section. ‘‘(d) QUALIFIED TAX CREDIT BOND.—For pur- ture period. ‘‘(2) RETURNED AMOUNTS.—If any amount of poses of this section— ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term ‘‘(C) SPECIAL RULE FOR RESERVE FUNDS.—An State housing credit ceiling which was taken issue shall not be treated as failing to meet the into account under subsection (a)(1) is returned ‘qualified tax credit bond’ means a manufac- turing redevelopment bond (as defined in section requirements of subparagraph (A) by reason of within the meaning of section 42(h)(3)(C)(iii)— any fund which is expected to be used to repay ‘‘(A) such amount shall not be taken into ac- 1400U–3) which is part of an issue that meets the requirements of paragraphs (2), (3), (4), (5), and such issue if— count under such section, and ‘‘(i) such fund is funded at a rate not more ‘‘(B) such allocation shall cease to be treated (6). ‘‘(2) SPECIAL RULES RELATING TO EXPENDI- rapid than equal annual installments, as an increase under this subsection for pur- ‘‘(ii) such fund is funded in a manner that TURES.— poses of subsection (a)(2)(B) until reallocated.’’. such fund will not exceed the amount necessary ‘‘(A) IN GENERAL.—An issue shall be treated (b) APPLICATION OF WORK OPPORTUNITY TAX to repay the issue if invested at the maximum CREDIT TO MANUFACTURING REDEVELOPMENT as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reason- rate permitted under clause (iii), and ZONES.—Subparagraphs (A) and (B) of section ‘‘(iii) the yield on such fund is not greater ably expects— 51(d)(5) of such Code are each amended by in- than the discount rate determined under para- serting ‘‘manufacturing redevelopment zone,’’ ‘‘(i) 100 percent or more of the available project proceeds to be spent for 1 or more quali- graph (5)(B) with respect to the issue. after ‘‘renewal community,’’. ‘‘(5) MATURITY LIMITATION.— fied purposes within the 3-year period beginning (c) CONFORMING AMENDMENTS RELATED TO ‘‘(A) IN GENERAL.—An issue shall not be treat- MANUFACTURING REDEVELOPMENT TAX CREDIT on such date of issuance, and ed as meeting the requirements of this para- ‘‘(ii) a binding commitment with a third party BONDS.— graph if the maturity of any bond which is part to spend at least 10 percent of such available (1) GENERAL RULES.—Part IV of subchapter A of such issue exceeds the maximum term deter- project proceeds will be incurred within the 6- of chapter 1 of such Code (relating to credits mined by the Secretary under subparagraph (B). month period beginning on such date of against tax) is amended by adding at the end ‘‘(B) MAXIMUM TERM.—During each calendar the following new subpart: issuance. month, the Secretary shall determine the max- AILURE TO SPEND REQUIRED AMOUNT OF ‘‘(B) F imum term permitted under this paragraph for ‘‘Subpart I—Qualified Tax Credit Bonds BOND PROCEEDS WITHIN 3 YEARS.— bonds issued during the following calendar ‘‘Sec. 54A. Credit to holders of qualified tax ‘‘(i) IN GENERAL.—To the extent that less than month. Such maximum term shall be the term credit bonds. 100 percent of the available project proceeds of which the Secretary estimates will result in the the issue are expended by the close of the ex- ‘‘SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED present value of the obligation to repay the TAX CREDIT BONDS. penditure period for 1 or more qualified pur- principal on the bond being equal to 50 percent ‘‘(a) ALLOWANCE OF CREDIT.—If a taxpayer poses, the issuer shall redeem all of the non- of the face amount of such bond. Such present holds a qualified tax credit bond on one or more qualified bonds within 90 days after the end of value shall be determined using as a discount credit allowance dates of the bond during any such period. For purposes of this paragraph, the rate the average annual interest rate of tax-ex- taxable year, there shall be allowed as a credit amount of the nonqualified bonds required to be empt obligations having a term of 10 years or against the tax imposed by this chapter for the redeemed shall be determined in the same man- more which are issued during the month. If the taxable year an amount equal to the sum of the ner as under section 142. term as so determined is not a multiple of a credits determined under subsection (b) with re- ‘‘(ii) EXPENDITURE PERIOD.—For purposes of whole year, such term shall be rounded to the spect to such dates. this subpart, the term ‘expenditure period’ next highest whole year. ‘‘(b) AMOUNT OF CREDIT.— means, with respect to any issue, the 3-year pe- ‘‘(e) OTHER DEFINITIONS.—For purposes of ‘‘(1) IN GENERAL.—The amount of the credit riod beginning on the date of issuance. Such this subchapter— determined under this subsection with respect to term shall include any extension of such period ‘‘(1) CREDIT ALLOWANCE DATE.—The term any credit allowance date for a qualified tax under clause (iii). ‘credit allowance date’ means— credit bond is 25 percent of the annual credit de- ‘‘(iii) EXTENSION OF PERIOD.—Upon submis- ‘‘(A) March 15, termined with respect to such bond. sion of a request prior to the expiration of the ‘‘(B) June 15, ‘‘(2) ANNUAL CREDIT.—The annual credit de- expenditure period (determined without regard ‘‘(C) September 15, and termined with respect to any qualified tax credit to any extension under this clause), the Sec- ‘‘(D) December 15. bond is the product of— retary may extend such period if the issuer es- Such term includes the last day on which the ‘‘(A) the applicable credit rate, multiplied by tablishes that the failure to expend the proceeds bond is outstanding. ‘‘(B) the outstanding face amount of the within the original expenditure period is due to ‘‘(2) BOND.—The term ‘bond’ includes any ob- bond. reasonable cause and the expenditures for quali- ligation.

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‘‘(3) STATE.—The term ‘State’ includes the section shall apply to taxable years ending after ‘‘(2) to the Secretary; and’’. District of Columbia and any possession of the the date of the enactment of this Act. (3) INFORMATION REGARDING BENEFITS AND United States. (2) BOND PROVISIONS.—Sections 1400U–3 and SERVICES AVAILABLE TO WORKERS AND DOL NO- ‘‘(4) AVAILABLE PROJECT PROCEEDS.—The term 1400U–4 of the Internal Revenue Code of 1986 TICE TO CONGRESS.—Section 3 of such Act (29 ‘available project proceeds’ means— (as added by subsection (a)), and the amend- U.S.C. 2102) is further amended by adding at the ‘‘(A) the excess of— ments made by subsection (c), shall apply to ob- end the following: ‘‘(i) the proceeds from the sale of an issue, ligations issued after the date of the enactment ‘‘(e) INFORMATION REGARDING BENEFITS AND over of this Act. SERVICES AVAILABLE TO EMPLOYEES.—Concur- ‘‘(ii) the issuance costs financed by the issue (3) WORK OPPORTUNITY TAX CREDIT.—The rent with or immediately after providing the no- (to the extent that such costs do not exceed 2 amendments made by subsection (b) shall apply tice required under subsection (a)(1), an em- percent of such proceeds), and to individuals who begin work for the employer ployer shall provide affected employees with in- ‘‘(B) the proceeds from any investment of the after the date of the enactment of this Act. formation regarding the benefits and services excess described in subparagraph (A). SEC. 402. DELAY IN APPLICATION OF WORLDWIDE available to such employees, as described in the ‘‘(f) CREDIT TREATED AS INTEREST.—For pur- INTEREST ALLOCATION. guide compiled by the Secretary under section poses of this subtitle, the credit determined (a) IN GENERAL.—Paragraphs (5)(D) and (6) 12. under subsection (a) shall be treated as interest of section 864(f) of the Internal Revenue Code of ‘‘(f) DOL NOTICE TO CONGRESS.—As soon as which is includible in gross income. 1986 are each amended by striking ‘‘December practicable and not later than 15 days after re- ‘‘(g) S CORPORATIONS AND PARTNERSHIPS.—In 31, 2008’’ and inserting ‘‘December 31, 2011’’. ceiving notification under subsection (a)(2), the the case of a tax credit bond held by an S cor- (b) EFFECTIVE DATE.—The amendments made Secretary of Labor shall notify the appropriate poration or partnership, the allocation of the by this section shall apply to taxable years be- Senators and Members of the House of Rep- credit allowed by this section to the share- ginning after December 31, 2008. resentatives who represent the area or areas holders of such corporation or partners of such TITLE VI—WORKER ADJUSTMENT AND where the plant closing or mass layoff is to partnership shall be treated as a distribution. RETRAINING NOTIFICATION occur.’’. ‘‘(h) BONDS HELD BY REGULATED INVESTMENT SEC. 601. SHORT TITLE. (c) ENFORCEMENT.— COMPANIES AND REAL ESTATE INVESTMENT This title may be cited as the ‘‘Early Warning (1) AMOUNT.—Section 5(a)(1) of the Worker TRUSTS.—If any qualified tax credit bond is held Adjustment and Retraining Notification Act (29 by a regulated investment company or a real es- and Health Care for Workers Affected by Globalization Act’’. U.S.C. 2104(a)(1)) is amended— tate investment trust, the credit determined (A) in subparagraph (A)— under subsection (a) shall be allowed to share- SEC. 602. AMENDMENTS TO THE WARN ACT. (i) by striking ‘‘back pay for each day of vio- holders of such company or beneficiaries of such (a) DEFINITIONS.— lation’’ and inserting ‘‘two days’ pay multiplied trust (and any gross income included under sub- (1) EMPLOYER, PLANT CLOSING, AND MASS LAY- by the number of calendar days short of 90 that section (f) with respect to such credit shall be OFF.—Paragraphs (1) through (3) of section 2(a) the employer provided notice before such closing treated as distributed to such shareholders or of the Worker Adjustment and Retraining Noti- or layoff’’ beneficiaries) under procedures prescribed by fication Act (29 U.S.C. 2101(a)(1)–(3)) are (ii) in clause (ii), by striking ‘‘and’’ at the end the Secretary.’’. amended to read as follows: thereof; ‘‘(1) the term ‘employer’ means any business (2) REPORTING.—Subsection (d) of section 6049 (B) by redesignating subparagraph (B) as sub- of such Code (relating to returns regarding pay- enterprise that employs 100 or more employees; paragraph (C); ‘‘(2) the term ‘plant closing’ means the perma- ments of interest) is amended by adding at the (C) by inserting after subparagraph (A) the nent or temporary shutdown of a single site of end the following new paragraph: following: employment, or of one or more facilities or oper- ‘‘(9) REPORTING OF CREDIT ON QUALIFIED TAX ‘‘(B) interest on the amount described in sub- ating units within a single site of employment, CREDIT BONDS.— paragraph (A) calculated at the prevailing rate; ‘‘(A) IN GENERAL.—For purposes of subsection which results in an employment loss at such and’’; and (a), the term ‘interest’ includes amounts includ- site, during any 30-day period, for 50 or more (D) by striking the matter following subpara- ible in gross income under section 54A and such employees; graph (C) (as so redesignated). ‘‘(3) the term ‘mass layoff’ means a reduction amounts shall be treated as paid on the credit (2) EXEMPTION.—Section 5(a)(4) of such Act allowance date (as defined in section 54A(e)(1)). in force at a single site of employment which re- (29 U.S.C. 2104(a)(4)) is amended by striking sults in an employment loss at such site, during ‘‘(B) REPORTING TO CORPORATIONS, ETC.—Ex- ‘‘reduce the amount of the liability or penalty cept as otherwise provided in regulations, in the any 30-day period, for 50 or more employees.’’. provided for in this section’’ and inserting ‘‘re- (2) SECRETARY OF LABOR.— case of any interest described in subparagraph duce the amount of the liability under subpara- (A) DEFINITION.—Paragraph (8) of such sec- (A) of this paragraph, subsection (b)(4) of this graph (C) of paragraph (1) and reduce the tion is amended to read as follows: section shall be applied without regard to sub- ‘‘(8) the term ‘Secretary’ means the Secretary amount of the penalty provided for in para- paragraphs (A), (H), (I), (J), (K), and (L)(i). of Labor or a representative of the Secretary of graph (3)’’. ‘‘(C) REGULATORY AUTHORITY.—The Secretary DMINISTRATIVE COMPLAINT.—Section Labor.’’. (3) A may prescribe such regulations as are necessary (B) REGULATIONS.—Section 8(a) of such Act 5(a)(5) of such Act (29 U.S.C. 2104(a)(5)) is or appropriate to carry out the purposes of this (29 U.S.C. 2107(a)) is amended by striking ‘‘of amended— paragraph, including regulations which require Labor’’. (A) by striking ‘‘may sue’’ and inserting more frequent or more detailed reporting.’’. (3) CONFORMING AMENDMENTS.— ‘‘may,’’; (3) OTHER CONFORMING AMENDMENTS RELATED (A) NOTICE.—Section 3(d) of such Act (29 (B) by inserting after ‘‘both,’’ the following: TO TAX CREDIT BONDS.— U.S.C. 2102(d)) is amended by striking out ‘‘, ‘‘(A) file a complaint with the Secretary alleging (A) Sections 54(c)(2) and 1400N(l)(3)(B) of each of which is less than the minimum number a violation of section 3, or (B) bring suit’’; and such Code are each amended by striking ‘‘sub- of employees specified in section 2(a)(2) or (3) (C) by adding at the end thereof the following part C’’ and inserting ‘‘subparts C and I’’. but which in the aggregate exceed that minimum new sentence: ‘‘A person seeking to enforce such (B) Section 1397E(c)(2) of such Code is amend- number,’’ and inserting ‘‘which in the aggregate liability may use one or both of the enforcement ed by striking ‘‘subpart H’’ and inserting ‘‘sub- exceed the minimum number of employees speci- mechanisms described in subparagraphs (A) and parts H and I’’. fied in section 2(a)(2) or (3)’’. (B).’’. (C) Section 6401(b)(1) of such Code is amended (B) DEFINITIONS.—Section 2(b)(1) of such Act (4) ACTION BY THE SECRETARY.—Section 5 of by striking ‘‘and H’’ and inserting ‘‘H, and I’’. (29 U.S.C. 2101(b)(1)) is amended by striking such Act (29 U.S.C. 2104) is amended— (D) The heading of subpart H of part IV of ‘‘(other than a part-time employee)’’. (A) by redesignating subsection (b) as sub- subchapter A of chapter 1 of such Code is (b) NOTICE.— section (d); and amended by striking ‘‘Certain Bonds’’ and in- (1) NOTICE PERIOD.— (B) by inserting after subsection (a) the fol- serting ‘‘Clean Renewable Energy Bonds’’. (A) IN GENERAL.—Section 3 of the Worker Ad- lowing new subsections: (E) The table of subparts for part IV of sub- justment and Retraining Notification Act (29 ‘‘(b) ACTION BY THE SECRETARY.— chapter A of chapter 1 of such Code is amended U.S.C. 2102) is amended by striking ‘‘60-day pe- ‘‘(1) ADMINISTRATIVE ACTION.—The Secretary by striking the item relating to subpart H and riod’’ and inserting ‘‘90-day period’’ each place shall receive, investigate, and attempt to resolve inserting the following new items: it appears. complaints of violations of section 3 by an em- ‘‘SUBPART H—NONREFUNDABLE CREDIT TO (B) CONFORMING AMENDMENT.—Section 5(a)(1) ployer in the same manner that the Secretary re- HOLDERS OF CLEAN RENEWABLE ENERGY BONDS of such Act (29 U.S.C. 2104(a)(1)) is amended in ceives, investigates, and attempts to resolve com- ‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’. the matter following subparagraph (B), by strik- plaints of violations of sections 6 and 7 of the ing ‘‘60 days’’ and inserting ‘‘90 days’’. Fair Labor Standards Act of 1938 (29 U.S.C. 206 (d) CLERICAL AMENDMENT.—The table of parts (2) RECIPIENTS.—Section 3(a) of such Act (29 and 207). for subchapter Y of chapter 1 of such Code is U.S.C. 2102(a)) is amended— ‘‘(2) SUBPOENA POWERS.—For the purposes of amended by adding at the end the following (A) in paragraph (1), by striking ‘‘or, if there any investigation provided for in this section, new item: is no such representative at that time, to each the Secretary shall have the subpoena authority ‘‘PART III—MANUFACTURING REDEVELOPMENT affected employee; and’’ and inserting ‘‘and to provided for under section 9 of the Fair Labor BONDS’’. each affected employee;’’; and Standards Act of 1938 (29 U.S.C. 209). (e) EFFECTIVE DATE.— (B) by redesignating paragraph (2) as para- ‘‘(3) SUMS RECOVERED.—Any sums recovered (1) IN GENERAL.—Except as otherwise provided graph (3) and inserting after paragraph (1) the by the Secretary on behalf of an employee under in this subsection, the amendments made by this following: subparagraphs (A), (B), and (D) of section

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A31OC7.019 H31OCPT1 cnoel on PRODPC60 with HOUSE H12280 CONGRESSIONAL RECORD — HOUSE October 31, 2007 5(a)(1) shall be held in a special deposit account made by this Act, shall take effect on the date nology, to know that trade is not al- and shall be paid, on order of the Secretary, di- of the enactment of this Act. ways the villain. rectly to each employee affected. Any such sums The SPEAKER pro tempore. Debate And to the extent we are able to im- not paid to an employee because of inability to shall not exceed 1 hour, with 40 min- prove on many of the things that we do so within a period of 3 years, and any sums recovered by the Secretary under subparagraph utes equally divided and controlled by have in this bill before us, we do hope (C) of section 5(a)(1), shall be credited as an off- the chairman and ranking minority that the Trade and Globalization As- setting collection to the appropriations account member of the Committee on Ways and sistance Act will be just the beginning. of the Secretary of Labor for expenses for the Means, and 20 minutes equally divided That whether it is trade or not, we administration of this Act and shall remain and controlled by the chairman and have a responsibility to the dignity of available to the Secretary until expended. ranking minority member of the Com- American workers and their children ‘‘(c) LIMITATIONS.— mittee on Education and Labor. so that in this great country they can ‘‘(1) LIMITATIONS PERIOD.—An action may be After 1 hour of debate on the bill, as aspire to be working and to have the brought under this section not later than 2 years after the date of the last event consti- amended, it shall be in order to con- respect that all Americans would want tuting the alleged violation for which the action sider the amendment in the nature of a in terms of being producers. is brought. substitute printed in part B of the re- So to the extent that we had the co- ‘‘(2) COMMENCEMENT.—In determining when port, if offered by the gentleman from operation of Mr. MCCRERY in creating an action is commenced under this section for Louisiana (Mr. MCCRERY) or his des- the climate, and fully appreciating the purposes of paragraph (1), it shall be consid- ignee, which shall be in order without that we had input from Republicans on ered to be commenced on the date on which the intervention of any point of order, the Ways and Means Committee, even complaint is filed.’’. shall be considered read, and shall be though we didn’t ask for their votes (d) POSTING OF NOTICES; PENALTIES.—Section 11 of the Worker Adjustment and Retraining No- debatable for 1 hour, equally divided and accept their amendments, it is this tification Act (29 U.S.C. 2101 note) is amended and controlled by the proponent and an climate that makes our country so to read as follows: opponent. great, that makes this Congress so ‘‘SEC. 11. POSTING OF NOTICES; PENALTIES. The gentleman from New York (Mr. great, and makes me proud to be the ‘‘(a) POSTING OF NOTICES.—Each employer RANGEL) and the gentleman from Lou- Chair and a member of the Ways and shall post and keep posted in conspicuous places isiana (Mr. MCCRERY) each will control Means Committee. upon its premises where notices to employees are 20 minutes, and the gentleman from I rise today in strong support of H.R. 3920, customarily posted a notice to be prepared or California (Mr. GEORGE MILLER) and the Trade and Globalization Assistance Act of approved by the Secretary setting forth excerpts the gentleman from California (Mr. 2007. from, or summaries of, the pertinent provisions of this chapter and information pertinent to the MCKEON) each will control 10 minutes. We come here today at a crossroads of filing of a complaint. The Chair recognizes the gentleman sorts. ‘‘(b) PENALTIES.—A willful violation of this from New York. In recent years, trade policy has been a di- section shall be punishable by a fine of not more b 1215 viding force, used as a political tool to ad- than $500 for each separate offense.’’. vance ideologies, rather than a shared sense (e) NON-WAIVER OF RIGHTS AND REMEDIES; IN- Mr. RANGEL. Mr. Speaker, I yield of purpose that our trade agreements and pro- FORMATION REGARDING BENEFITS AND SERVICES myself such time as I may consume. grams could reflect the broader goals of the AVAILABLE TO EMPLOYEES.—Such Act is further Before I ask unanimous consent to American worker. amended by adding at the end the following: yield the balance of my time to our dis- The legislation before us today offers an op- ‘‘SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT tinguished subcommittee chairman for TO WAIVER. portunity to change that. Trade, Mr. LEVIN, I first want to thank ‘‘(a) IN GENERAL.—The rights and remedies In the early months of this Congress, I Mr. MCCRERY for helping to set the provided under this Act (including the right to joined with the Speaker and the House leader- maintain a civil action) may not be waived, de- stage for at least the Ways and Means ship to remind the Administration that the Con- ferred, or lost pursuant to any agreement or set- Committee to vote unanimously for stitution specifically designates Congress as tlement other than an agreement or settlement the free trade agreement with Peru. the branch of government responsible for described in subsection (b). This was a record vote, this was a his- international commerce. ‘‘(b) AGREEMENT OR SETTLEMENT.—An agree- toric vote, and we had every vote on We agreed that we took that responsibility ment or settlement referred to in subsection (a) the committee. seriously and we would use our majority to im- is an agreement or settlement negotiated by the I raise that at this time not to curry Secretary, an attorney general of any State, or prove American trade policy to better reflect a private attorney on behalf of affected employ- favor with the Republicans to support the needs and concerns of our workers, not ees. this historic piece of legislation before just our large, multi-national corporations. ‘‘SEC. 13. INFORMATION REGARDING BENEFITS us, but because I know from Mr. The legislation before us today is the next AND SERVICES AVAILABLE TO WORK- MCCRERY’s input and contribution, he step in developing a new trade policy that ERS. recognizes that trade no longer has to more adequately addresses the growing per- ‘‘The Secretary of Labor shall maintain a be seen as something that is negative ception that trade is not working for American guide of benefits and services which may be to American workers. workers. available to affected employees, including unem- Good trade agreements that create ployment compensation, trade adjustment assist- The Trade and Globalization Assistance Act ance, COBRA benefits, and early access to jobs should be allowed a vote and not of 2007 would expand training and benefits for training and other services, including coun- be hurried so that Members are not im- workers while also helping to encourage in- seling services, available under the Workforce peded from the policy and really have vestment in communities that have lost jobs to Investment Act of 1998. Such guide shall be an opportunity to study the substance. increased trade—particularly in our manufac- available on the Internet website of the Depart- Without his cooperation and that of turing sector. ment of Labor and shall include a description of the United States Trade Representa- The growing perception that prior American the benefits and services, the eligibility require- tive and Secretary Treasurer, we would trade policy ignored the needs of workers here ments, and the means of obtaining such benefits not even have the opportunity to look and services. Upon receiving notice from an em- and abroad is a large contributing factor to the ployer under section 3(a)(2), the Secretary shall forward to the bipartisan victory we declining public support for trade. immediately transmit such guide to such em- had in the committee and look forward For years we have had a program in ployer.’’. to on the floor. place—trade adjustment assistance, or TAA— (f) NOTICE EXCUSED WHERE CAUSED BY TER- A part of that agreement, however, that was supposed to tackle some of the RORIST ATTACK.—Section 3(b)(2) of the Worker was he and I sharing that when people issues and problems workers face as it relates Adjustment and Retraining Notification Act (29 are without work, without jobs, with- to trade. U.S.C. 2102(b)(2)) is amended by adding at the out hope, when communities are ad- Despite the best of intentions, this program end the following new subparagraph: versely affected because of trade, that ‘‘(C) No notice under this Act shall be re- did not meet expectations or promises and quired if the plant closing or mass layoff is due our government and our multi- has failed to keep pace with globalization. directly or indirectly to a terrorist attack on the nationals have a responsibility not just We are here to change that today with the United States.’’. to their shareholders, but to do all that Trade and Globalization Assistance Act of SEC. 603. EFFECTIVE DATE. they can to ease the pain, to encourage 2007. Except as otherwise provided in this Act, the investment, and to have a climate, The bill before us today is a comprehensive provisions of this Act, and the amendments whether it is globalization or tech- policy expanding opportunities for American

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A31OC7.019 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12281 workers, industries, and communities to pre- Unfortunately, for whatever reason, terminate that credit in 2 years. I don’t pare for and overcome the challenges created the bill that is before the House today know exactly why the majority chose by expanded trade. does not reflect any of our suggestions to terminate this health care tax credit First, the bill significantly expands existing or proposals that we have shared with in 2 years. They have, in way of expla- TAA for Workers by: 1) covering service work- the majority; and that’s unfortunate, nation, said that they think the cur- ers and additional manufacturing workers; 2) although I have been assured by the rent way the tax credit is structured increasing TAA benefits; 3) making the TAA chairman that as this bill works its may not be the best way to do it so wage insurance program permanent; 4) im- way through the rest of the process, they may use these 2 years to come up proving the TAA health care benefit; and 5) in- our ideas may yet receive consider- with another plan. That may be; but creasing TAA program funding. ation and perhaps inclusion. So I re- the fact is that the bill terminates the Second, the bill includes a package of tax main hopeful of that. health care tax credit in 2 years. They incentives to encourage investment in dis- But the bill that is before us today also increase the credit from 65 percent tressed communities that have lost manufac- does not contain those and it contains, to 85 percent which I believe is not turing jobs. I think, a number of weaknesses which warranted. Our substitute would in- Third, recognizing that unemployment insur- compel me to not support the bill that crease the credit from 65 percent to 70 ance (UI) is the gateway to TAA, the bill re- is before the House today but instead percent, and would continue that cred- forms the unemployment insurance system by to support a substitute which I will it for the entire 5-year life of the bill. creating incentives for States to cover part- offer later in the debate. There are other differences. One that time, low-wage, and other workers under State In talking about the majority bill we think is notable is the new markets UI laws. that’s on the floor today as a threshold tax credit that we would expand. We America’s ability to compete and win in a matter, and the chairman knows this think that is a more efficient way to global economy is too critical for our trade pol- because I have talked with him about address communities that have been di- icy to continue being a partisan issue. it, I think we should be considering rectly impacted by trade. The tax cred- I noticed with great displeasure yesterday’s trade adjustment assistance, unem- it bonds in the majority bill we think veto threat from the Administration on this bill. ployment insurance, modification of are untested. They could be subject to To that statement, I would say that the bill be- those programs in the context of trade abuse and uses that are not really re- fore us today passed the Ways and Means opportunities generally for United lated to impacts of trade. Committee with Democratic and Republican States workers, farmers and busi- support—and I expect it will receive the same nesses. That is to say, I think we I also want to express my clear oppo- from the full House. should be considering modifications to sition to how the majority pays for the The issues contained in this bill are central our assistance network in the context $10 billion cost of their bill. First, they to the ongoing debate over the Administra- of the pending free trade agreements would delay interest allocation rules tion’s trade policy and if this Administration that are before the Congress and the that this Congress enacted in 2004. We wishes to address the growing public concern expired trade promotion authority. Un- did that to address an unfairness for over the direction of its trade policy, it will re- fortunately, we are not doing that. We American companies that do business consider this veto threat. are considering TAA in isolation. overseas. The effect of delaying the ap- Globalization is here to stay—and we must The alternative that I offer today plication of that change that we made band together as Democrats and Republicans would reauthorize trade adjustment as- would be to make United States com- to shape its benefits for all Americans. sistance for 5 years. To help workers panies less competitive. I look forward to today’s discussion and I gain the skills needed to adapt to the Second, they would unnecessarily, in urge you to support H.R. 3920, the Trade and changing global economy, our bill our view, increase Federal unemploy- Globalization Assistance Act of 2007. would restructure TAA from a pre- ment payroll taxes by extending the 0.2 At this time I would like unanimous dominantly income support program percent FUTA surtax that is due to ex- consent to yield the balance of my that offers training into a job retrain- pire at the end of this year for another time to the gentleman from Michigan ing program that improves access to 3 years. (Mr. LEVIN), the chairman of the Sub- more flexible training and continues to I regret that this bill does not reflect committee on Trade, who has played provide income support, health care, what I hoped to be our bipartisan ap- such an important role in creating that and other benefits. proach to trade adjustment assistance climate and working with the staff and The contrasts between the substitute or to our trade agenda beyond the Peru the members on the other side. I will offer and H.R. 3920, the bill on FTA, and I reluctantly will oppose it The SPEAKER pro tempore. Without the floor, are quite stark. For example, and support the substitute. objection, the gentleman from Michi- H.R. 3920 would pointlessly keep people Mr. Speaker, I reserve the balance of gan is recognized for the balance of the in trade adjustment assistance longer. my time. time. Our substitute would provide more The SPEAKER pro tempore. The There was no objection. flexible training options to get people Chair would now recognize the 20 min- Mr. MCCRERY. Mr. Speaker, I yield back to work sooner, including by utes allotted to the gentleman from myself such time as I may consume. training before layoff and training Mr. Speaker, I return the com- California (Mr. GEORGE MILLER) and to part-time and giving people training the gentleman from California (Mr. pliment to the chairman of the Ways scholarships to use over 4 years. and Means Committee for helping to MCKEON). H.R. 3920 would increase TAA spend- The Chair recognizes the gentleman create an atmosphere on our com- ing by billions of dollars, but would not from California (Mr. GEORGE MILLER). mittee which has allowed us to make require any further accountability on Mr. GEORGE MILLER of California. great progress in the area of trade, as how program funds are spent. Our bill Thank you, Mr. Speaker. I yield myself evidenced by today’s 39–0 vote in favor introduces some elements of account- 3 minutes. of advancing the Peru Free Trade ability in that spending. Agreement. H.R. 3920 would greatly expand TAA Mr. Speaker, the typical income of The chairman and I have talked and, I think, exacerbate the inefficien- American households has actually de- many times this year about the need to cies in the program today. Our bill clined between 2002 and 2006 in infla- have a more viable assistance program would better integrate TAA and other tion-adjusted terms. Last year, the or network of programs at the Federal Federal programs to make more serv- number of Americans without health level as well as in the private sector to ices available to all workers. insurance actually increased by over 2 assist workers in our country who lose H.R. 3920 would extend benefits to million. their jobs through no fault of their public sector workers and submit State For years now, Americans have had own, who lose their jobs because of and local officials to subpoenas and to deal with stagnating incomes and trade or because of globalization more legal proceedings to comply. Our bill rising costs for basics like health care, generally. The chairman has been very would maintain the focus of the pro- food, energy and housing. For many good at listening to our suggestions gram on private sector workers. reasons, Americans are deeply con- from the minority and considering H.R. 3920 would greatly expand the cerned about the future of their econ- those. health coverage tax credit, but then omy and their place in it. One cause of

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.014 H31OCPT1 cnoel on PRODPC60 with HOUSE H12282 CONGRESSIONAL RECORD — HOUSE October 31, 2007 their concern is the negative con- not be able to go in and find insurance as a result of globalization. It creates sequences they see from international that they can afford or that is even an unfair system in which not all trade. available to them. workers who lose their jobs would have Indeed, Americans find themselves It is important that we make certain access to the same health care options. increasingly caught in the crosshairs of that these older workers are able to The bill uses TAA eligibility as a trig- the global economy. They have bridge the time until they reach Medi- ger for expanded COBRA coverage but watched neighbors, friends and loved care eligibility so they will have con- extends the coverage almost indefi- ones lose their jobs when plants close tinuity of health care. nitely. This is inconsistent with exist- and move overseas. Americans have be- This is good legislation. I hope my ing COBRA eligibility and inconsistent come even more skeptical about trade colleagues on the floor will support with other TAA benefits. agreements, and for good reason. They this legislation. The Education and Labor Committee convened a hearing in March to exam- have watched jobs move to China, and b 1230 in return they get lead-poisoned toys. ine the impact of international trade Given these very real concerns, it is Mr. MCKEON. Mr. Speaker, I yield on American workers. The challenges critical that we include in trade agree- myself such time as I may consume in we considered during that hearing are ments strong and enforceable labor and opposition to this bill. the same challenges we appear to be at- environmental protections. And we The legislation before us is supposed tempting to address today. Yet during must provide substantial assistance to to be about reforming the Trade Ad- that hearing, not a single witness sug- workers who are negatively affected by justment Assistance program. As gested or endorsed these bloated, bu- this trade. flawed as the underlying TAA provi- reaucratic WARN Act and COBRA pro- On the first part, I want to thank the sions are, their weaknesses are ampli- posals. committee for what they have done in fied by the inclusion of separate, large- We all know that American compa- terms of the trade agreements with ly unrelated legislation that moved nies must be flexible and dynamic in these labor and environmental protec- through the Education and Labor Com- order to keep pace with their competi- tions and I want to thank them for this mittee. tion overseas. These proposals would legislation today. That bill, which has been folded into put American companies at a distinct This legislation we are considering the larger TAA package, modifies the disadvantage, preventing them from addresses this very important point of WARN Act and COBRA, two statutes maintaining an agile workforce and un- what happens to those workers who that were not even designed to help dermining efforts to preserve American have the negative consequences of workers impacted by globalization get jobs or create new ones because of the international trade. This legislation the tools and training they needed to burden and cost of compliance with helps ensure that displaced workers get back to work. these new mandates. can help make ends meet while they We’ve heard time and again that in If we’re serious about assisting dis- find a new job, or in the case of older order to effectively respond to com- located workers and keeping America workers, until they reach retirement petitive challenges we need to bolster competitive, the Education and Labor age. our education and training systems to Committee has a crucial role to play. The bill requires a layoff or plant better prepare current and future We should be renewing our one-stop job closing notification if 50 or more em- workers for success. training system authorized under the ployees, including part-time employ- Unfortunately, the provisions in- Workforce Investment Act. Unfortu- ees, at a single job site are laid off in serted into the broader TAA bill take a nately, Democrats have stalled our ef- a 30-day period. It eliminates a loop- different approach. Instead of offering forts to strengthen and improve job hole that has allowed employers to proactive solutions that will allow training, failing to even introduce a avoid giving notices by shifting em- American workers to compete and bill to extend and enhance WIA. Republicans are committed to keep- ployees around job sites. thrive, these policies do nothing more ing America competitive in the global The bill increases notice to employ- than layer on additional Federal red economy. Later today, I will join with ees of a plant closing or mass layoff tape for employers while offering only Representative MCCRERY, the senior from 60 to 90 days, and that is very im- incremental provisions for workers Republican on the Ways and Means portant. that would do nothing to help them ad- Committee, to offer a comprehensive And it also says that TAA-eligible just to the changing workplace. approach to assist Americans adversely employees can extend their COBRA The proposal for a massive expansion affected by trade. of the WARN Act would be incredibly coverage for as long as they remain The increased employer burdens pro- 1 2 burdensome for employers struggling TAA-eligible, up to 2 ⁄ years. And posed through an expansion of the TAA-eligible employees who are 55 to keep pace with a changing economy. WARN Act and COBRA are nothing years or older and who have worked for The limitations of this proposal do not more than a distraction from the real an employer for more than 10 years can match the real-world scenarios in debate we ought to be having. I oppose extend their COBRA coverage until which employers may be shifting their these costly, arduous provisions be- they are eligible for Medicare at age 65, workforce to meet changing needs. cause they move in exactly the wrong or covered by another health care plan. The bill mandates a full 90 days’ no- direction. Instead of fostering competi- The coverage is available to workers tice before a plant closure or other tiveness and job creation, they will today, but only up to 18 months. The mass layoff, requiring employers to re- breed litigation and stagnation. bill extends that provision. main stagnant for a full fiscal quarter Mr. Speaker, I reserve the balance of This is the most important provision before adjusting their workforce. This, my time. for those workers who lose their in- despite the fact that in order to keep Mr. GEORGE MILLER of California. come and lose their job, trying to hold and create jobs here at home, employ- Mr. Speaker, I yield 2 minutes to the their families together, and also see ers need a workforce that is flexible gentlewoman from California (Ms. the loss of their health care. COBRA is and adaptable. Layered on top of that WOOLSEY). of no cost to the government. The em- unworkable time frame is a require- Ms. WOOLSEY. Mr. Speaker, if the ployee must pay the employer share, ment that double damages be paid by President is going to negotiate trade the employee share, and the 2 percent any employer unable to comply. This agreements based on the failed NAFTA administrative cost. Over 40 million would create a system that is more fo- model, this legislation is the very least Americans have used COBRA coverage. cused on punishing employers than that we can do for our workers who But in any given year, only 2 to 3 mil- truly helping workers who lose their lose their jobs because of international lion Americans are on the program, jobs. trade and globalization. and close to 200,000 people are losing Similarly, the selective expansion of Mr. Speaker, America faces record that coverage every month. This is an COBRA availability seems to focus high trade deficits and plant closings, important benefit to these workers and more on compliance and red tape than and it’s our laid-off workers who are certainly to people who have pre- on offering genuine solutions to work- the casualties. Strengthening trade ad- existing conditions and know they will ers who need assistance and retraining justment assistance, TAA, isn’t the

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.038 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12283 magic pill. It is not the cure-all. It can sions are paid for through an increase ance system, recognizing that all unemployed only be a help by fixing the flawed in the taxpayer-funded health care tax workers, not just those who lose their jobs be- trade policy. We will do what our work- credit, at least through the period of cause of trade, deserve our support in getting ers need, but we owe displaced workers TAA eligibility, again, extending and back on their feet. in the meantime, and we owe their complicating it in a way that was I congratulate Chairman RANGEL for bringing communities around the country the never intended in the original law. forth this important legislation and I urge all of chance they need to regain their eco- Just a couple of more things that my colleagues to support this important legis- nomic footing with job training, with come under the WARN provision of lation. health care, and they need to know this. This bill expands the WARN Act Mr. GEORGE MILLER of California. that it’s available to them and how to coverage to apply to businesses which Mr. Speaker, I yield 2 minutes to the take advantage of these programs. employ 100 or more employees, includ- gentleman from New Jersey (Mr. AN- Mr. Speaker, while the bill will not ing part-time workers. It expands the DREWS). prevent millions of workers from los- definitions of plant closures and mass (Mr. ANDREWS asked and was given ing their jobs, it will give them the layoffs. It increases the notice require- permission to revise and extend his re- tools they need and the tools they de- ments so that employers must provide marks.) serve until they are once again able to 90 days’ notice of an intended plant clo- Mr. ANDREWS. Mr. Speaker, I thank compete in the global workforce. sure or mass layoff. It expands dam- my friend for yielding. Mr. MCKEON. Mr. Speaker, I yield ages for lost wages and benefits to in- So, Mr. Speaker, you’re 6 months now to the Subcommittee on Health, clude double wages, benefits and inter- away from your 58th birthday, and the Employment, Labor and Pensions est for up to 90 calendar days. It in- place where you have worked for 25 ranking member, with jurisdiction over cludes new requirements that employ- years closes and you have no health in- COBRA, the gentleman from Minnesota ers post notice of WARN Act require- surance. So you dip into your savings (Mr. KLINE) for such time as he may ments and information on how to file a and you figure out a way to keep your- consume. complaint and provide notice of bene- self in the plan that you were in by Mr. KLINE of Minnesota. Mr. Speak- fits and services available to employ- paying for it largely with your own er, I thank the gentleman for yielding. ees. It expands enforcement to allow money. I rise in opposition to this legisla- the Secretary of Labor to investigate Under present law, when you hit your tion, Mr. Speaker. I have been and con- alleged violations. 59th birthday, if you don’t have an- tinue to be a major proponent of trade, Some of these are probably very other job with health insurance, you’re but this Trade Adjustment Assistance worthwhile, but clearly, a tremendous out, and you have got 6 years to go program that we have today has, seems expansion and opportunity for almost until you qualify for Medicare. We are to me, gone astray. There are a number unlimited litigation, placing a very changing that in this bill. of reasons why I would urge my col- large burden on employers, and I don’t Here’s what this bill says. That per- leagues to oppose this bill, from the think we want to do that at a time son I just described, if they can figure massive expansion of what was in- when we’re trying to preserve jobs for out a way to stretch their savings and tended to be a targeted Trade Adjust- our employees. stretch their dollars until they’re 65 ment Assistance program to the dra- So I oppose this legislation. It years old, can enroll in Medicare and matic increase in litigation and liabil- reaches too far. It is too complicated. never have a gap where their family is ity employers will face under the It opens up employers to too much liti- left unprotected, with their own money WARN Act provisions contained in this gation. We can do better than this. by and large. bill. Mr. GEORGE MILLER of California. Now, the credits that are generously The gentleman from California men- Mr. Speaker, I yield for the purpose of extended here, we wish we could do tioned COBRA eligibility in his re- a unanimous consent request to the more, but this is a program that makes marks. I’d like to talk about that for gentlewoman from New York (Mrs. common sense for the person who is just a minute. MALONEY). too young to retire and too old to start Under the law as it stands today, (Mrs. MALONEY of New York asked all over again. It’s the person who’s when a worker loses his or her job, he and was given permission to revise and working with a good job and health or she is generally able to elect to con- extend her remarks.) care and good benefits, who’s now Mrs. MALONEY of New York. Mr. tinue health care coverage under working part-time at a retail store be- Speaker, I thank the gentleman for COBRA for 18, or sometimes as long as cause that’s the best he or she can do. yielding and I rise in support of this 36, months. This balances the legiti- What is wrong with that? important legislation. mate need of the workers to obtain gap This is an opportunity for the Mem- Mr. Speaker, I rise in support of H.R. 3920, or bridge health insurance coverage, bers of this Congress to stand up for the Trade Globalization Assistance Trade Act while recognizing the administrative forgotten Americans who built this of 2007. needs of employers and, in particular, country, raised their families and paid This legislation would overhaul the current their taxes. This should not be a Re- the need for employers who voluntarily Trade Adjustment Assistance, TAA, program offer health benefits to manage costs publican and Democratic issue. to better meet the needs of American workers I urge everyone to vote ‘‘yes’’ on this and risk. and communities affected by globalization. The bill before us dramatically ex- very well-thought-out bill. This legislation passed the Ways and Mr. MCKEON. May I inquire of the pands COBRA benefits for certain Means Committee by the strong bipartisan Speaker what time is left. classes of workers potentially at the vote of 26–14 and I hope that we are able to The SPEAKER pro tempore. The gen- expense of others. Under the Rangel provide a similar bipartisan vote again here tleman from California (Mr. MCKEON) substitute, a worker who loses his or today. has 2 minutes remaining, and the gen- her job ‘‘because of trade’’ is afforded After years of trade policies that all too often tleman from California (Mr. GEORGE significantly more COBRA rights than diminished the importance of our workforce, MILLER) has 31⁄2 minutes remaining. an employee who simply loses his or today’s legislation will rightfully support the Mr. MCKEON. Do you have more her job because, for example, his em- working men and women in our country. speakers? ployer closes shop. Indeed, for some of Specifically, H.R. 3920 would expand Trade Mr. GEORGE MILLER of California. these workers, expansion of COBRA Adjustment Assistance coverage to more Yes. rights can last for decades, plainly not workers, including service workers, and sub- Mr. MCKEON. Mr. Speaker, I reserve. what was intended under the original stantially improve the program’s training op- Mr. GEORGE MILLER of California. law. portunities and associated health care bene- Mr. Speaker, I yield 2 minutes to the The bill also includes provisions ex- fits. gentleman from Illinois (Mr. HARE), a tending COBRA benefits for PBGC The bill also creates new benefits and tax member of the committee. beneficiaries without any regard to the incentives for industries and communities that Mr. HARE. Mr. Speaker, I rise today issue of trade. Individuals pay for have been hit hard by trade. in strong support of H.R. 3920. COBRA, but because of the nature of Finally, the legislation would promote long- In 2004, Maytag Refrigeration Prod- how this was put together, the provi- needed reforms to the unemployment insur- ucts in Galesburg, Illinois, closed its

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.039 H31OCPT1 cnoel on PRODPC60 with HOUSE H12284 CONGRESSIONAL RECORD — HOUSE October 31, 2007 doors and bolted for Sonora, Mexico, prowess that made the United States It is no secret that we are voting on TAA displacing 1,600 workers, all innocent the leader post-World War II. I just today, to increase votes for the Peru Free victims of a bad trade policy. I asked thank the committee for providing this Trade Agreement next week. Our willingness my good friend Dave Bevard, a former bill which will help the casualties repo- to sell out our Nation’s workforce for the con- Maytag employee, to testify before the sition a bit. solation prize of trade adjustment assistance House Education and Labor Committee The real answer to growing U.S. job loss, promises to damage our country for decades about his participation in the TAA pro- the declining value of the dollar, and rising to come. gram. Dave’s testimony revealed a pro- budget and trade deficits is to balance Amer- I have two bills—H. Res. 336 and H.R. 169, gram that was difficult to navigate and ica’s trade accounts by renegotiating failed the Balancing Trade Act, which will get our plugged with funding shortfalls. deals like NAFTA and China PNTR and not country back on the right track. By supporting Mr. Speaker, the bill before us today pass more of them, by opening closed mar- H. Res. 336, we support fair, people-centered addresses these funding problems and kets like Japan’s, China’s, and Korea’s, and principles that promote free trade only among gives trade-impacted workers the re- stopping unfair trade practices globally. free peoples. The Balancing Trade Act, which sources and tools necessary to success- Meanwhile, our workers continue to take the already enjoys bipartisan support, demands fully compete in the global economy. It big hits—they lose their jobs, they lose their that the President acknowledge a problem in provides workers with sufficient notice benefits. our trade policy when our deficit with any one of mass layoffs, improves the processes This bill gives them some help—by giving country exceeds $10 billion for more than 3 by which workers obtain training, and them increased notice before their plants are years. I also have a bill (H.R. 1958) to revoke strengthens access to affordable health closed, and it revamps trade assistance and PNTR from China, and I will be introducing a care. training to help them reposition if the jobs exist bill to require the President to renegotiate I’m pleased to see the inclusion of in the future. NAFTA. These bills are steps towards cor- two of my provisions in the bill: one We owe it to our workers and communities recting our U.S. trade policy to prevent the that would require the Department of to give them a better chance to adjust. They kinds of layoffs and job loss that these bills Labor to inform workers about the are the casualties of economic policy here in merely ice over. availability of counseling and early ac- Washington that is not working. This legisla- [From the Toledo Blade, July 16, 2007] cess to training services, and another tion will require employers to provide 90 days TIFFIN WORKERS DISCOVER LIMITS OF WARN to help displaced workers get addi- of notice in the event of a proposed plant clos- ACT tional financing aid for training. I’d ing or layoff. (By Steve Eder and James Drew) like to thank Ways and Means Chair- Trigger the notification requirements if at TIFFIN.—Four days after Christmas in 2001, man RANGEL and Congressman LEVIN, least 25 workers lose their jobs during any 30- Gene Goshe braved the brisk cold as he and my chairman, Mr. MILLER, for day period, not 50 workers as in current legis- walked to his newspaper box and unrolled his copy of the Tiffin Advertiser-Tribune. their leadership on this issue and for lation; the help their staff provided to include ‘‘National shutting down,’’ blared the Mandate notice if 100 or more workers are headline in tall letters across the front page. these provisions that will greatly as- laid off at multiple plants or worksites during In seconds, Mr. Goshe’s life changed for- sist dislocated workers. any 30-day period; ever. Mr. Speaker, the current TAA pro- Cover both full-time and part-time hourly After devoting 33 years of his life to the gram has not kept pace with National Machinery Co., Mr. Goshe read in and salaried workers; the newspaper that morning that the plant globalization, and the bill before us Require the Department of Labor to provide aims to bring the TAA program into had abruptly closed. He didn’t get a phone model educational information to employers on call to let him know he no longer had a job. the 21st century. I urge my colleagues employer responsibilities and employee rights ‘‘It was like a snowball hit you in the hind to vote ‘‘yes’’ on this critical legisla- under WARN, as well as benefits and services end on the first of January,’’ recalled Mr. tion. available to dislocated workers; Goshe, then 58. ‘‘This is the way we are going Mr. GEORGE MILLER of California. Authorize the Department of Labor to inves- to start the year.’’ Mr. Speaker, I yield 1 minute to the The sudden demise of National Machinery tigate complaints and bring enforcement suits gentlewoman from Ohio (Ms. KAPTUR). stunned Tiffin, a town of 17,000 about 55 and also to notify Members of Congress who miles southeast of Toledo already reeling b 1245 represent the affected areas; from plant closings and layoffs. Ms. KAPTUR. I thank the gentleman, Permit employees to recover back pay and The plant, a few blocks from the small and thank the esteemed chairman, for benefits up to 90 days and also liquidated downtown, made the machines that made nuts and bolts since the 1880s. But while the bringing this bill forward. damages (doubling the compensation other- wise available) if an employer fails to give the products of its machines embodied the ordi- Mr. Speaker, the real answer to nary, the storied history of National Machin- growing job loss in the United States, required notice under the act; and, ery was far from typical. the declining value of our dollar and to Important to note is the legislation’s exten- ‘‘The National’’—as locals affectionately rising trade deficits is to balance sion of the period for COBRA (comprehensive called it—provided a choice working environ- America’s trade accounts by renegoti- benefits, including health care) coverage for ment for generations in and around Seneca ating failed deals like NAFTA and recipients of trade adjustment assistance. County, a flat, fertile part of northwest Ohio Under current COBRA rules, workers who lose dotted with fields and woodlots. China PNTR, by not passing any more The company’s reputation as an excep- of them, by opening closed markets their jobs generally may continue their health tional employer was rooted in its tradi- like Japan’s and China’s, and Korea’s benefits for up to 18 months at their own ex- tions—a club for employees who had worked and by stopping unfair trade practices pense. The new legislation would give workers there at least 25 years, summer picnics at globally. who are 55 years or older and have worked Cedar Point, and Christmas parties at the Meanwhile, our workers continue to for an employer for 10 or more years the op- fancy Ritz Theatre. take the big hits by losing their jobs tion to elect COBRA coverage until they be- National Machinery was like family, work- and benefits. What this bill does is it come Medicare eligible at 65 or until they ob- ers recalled. Not surprisingly, it was begun by Tiffin’s first families—the Frosts and gives them increased notice when their tain health coverage through a subsequent Kalnows, whose ownership dates to the 1880s, plants are going to close, and it also employer. when patriarch Meshech Frost convinced the provides a landing pad in the form of While I support this bill, we must keep in company’s original owner to move its oper- training and trade adjustment assist- mind that TAA and WARN aren’t substitutes ations to Tiffin. ance. I just wish that the jobs they are for jobs in manufacturing America. An America The Frosts, and later the Kalnows, are rec- being trained for would be produced. that does not produce not only loses the most ognized as Tiffin’s leading community boost- We know that often is not the case. vibrant wealth-producing sector of her econ- ers, using some of their vast fortune to sup- This is the absolute least we can do omy but her defense and industrial base as port local causes and institutions, including the city’s Heidelberg College, where the fam- for the people of our country. They well. ilies set up scholarship programs to benefit have paid the price of our failure here TAA and WARN should be used sparingly the children of National Machinery employ- in Washington to produce economic and for the short term—they are band-aids, ees. policies that make America’s economy not solutions. We need to pass legislation re- A FRACTURED BOND robust. quiring the executive branch to balance our The bond between the privately held com- I fear, without our doing that, we are trade accounts, to renegotiate NAFTA/PNTR, pany and its workers changed forever on going to lose the industrial and defense and to open closed markets of the world. Dec. 28, 2001—the date National shut down.

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.041 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12285 For most of the 549 National Machinery Kalnow families soon after Meshech Frost dled by the former plant owner and their Co. employees, there was no notice the place convinced Bill Anderson to move the com- lawyers. where many of them had dedicated their pany to Tiffin in 1882. ‘‘Like many other companies today facing working lives was closing. In Tiffin, there is much folklore about Na- the challenge of being successful in a highly Paul Aley, National Machinery’s president, tional Machinery and its family ownership. competitive world market, National Machin- explained to workers in a letter dated the One tale is that Mr. Frost went to New ery LLC is leaner and less vertically inte- day the plant closed that banks cut off the York City to get a loan from financier ‘‘Dia- grated,’’ said John Bolte, senior vice presi- company’s money because of its financial mond’’ Jim Brady to help purchase the com- dent of operations and human resources. troubles. Most employees didn’t receive Mr. pany. ‘‘Many processes and therefore jobs from the Aley’s letter until they had already read After his death in 1922, Mr. Frost left the past simply do not exist in our company in about National’s demise in the newspaper or company to his son, Earl Frost, who ran it order to make us more competitive.’’ heard about it from friends or co-workers. into the 1950s. Earl Frost’s daughter, Jane Attempts by The Blade to interview An- In 1988, Congress passed a law requiring Frost, who was the heiress to the family for- drew Kalnow and his siblings were unsuc- business owners to give 60-days notice before tune, married Carl Kalnow, a banker, and to- cessful. a plant closing or mass layoff. If National gether they owned National Machinery Co. In an e-mail from Mr. Kalnow last month, Machinery Co. had followed the Worker Ad- National Machinery employees still fondly he told The Blade: ‘‘It seems like you have a justment and Retraining Notification Act, recall the story behind the Frost-Kalnow en- politics agenda in mind that has nothing to known as the WARN Act, its employees gagement. do with our business and contribution to the could have begun looking for new work and ‘‘From what I know, Mr. Kalnow came to community.’’ putting their finances in order instead of town and he got off the train and asked who A SENSE OF BETRAYAL dealing with the shock of suddenly losing the richest man in town was and if he had a The Kalnows’ ‘‘new company’’—National their jobs. daughter,’’ Mr. Griffin said. ‘‘It was Miss Machinery LLC—in the spring of 2002 hired There were concerns about the well-being Frost and he ended up marrying her.’’ of National Machinery Co. leading up to its nearly 240 full-time employees after it re- The Kalnows had four children—Carl, An- opened the plant, many of whom worked for closure. Citing financial problems, the com- drew, Gertrude, and Loretta—who inherited pany announced some layoffs earlier in 2001 the ‘‘old company.’’ National Machinery after their mother’s But many of National Machinery Co.’s 549 and gave most of its workers the holidays off death in 1986. employees, including some of its longest- without pay. But the veteran workers ex- In 1998, the Kalnow siblings—who were tenured workers, such as Joe Poignon, never pected business would pick back up as it had raised in Tiffin but had moved away—sold received the call to come back. many times over the years. the company for $98 million to Citicorp Ven- This time wasn’t like the others. ‘‘They started it back up, but they ex- ture Capital, a New York-based firm that cluded us,’’ said Mr. Poignon, a 40-year em- HOPING FOR BETTER TIMES buys and sells companies as investments. ployee who worked in the company’s after- In the weeks and months after National Within three years, National Machinery market section. ‘‘There was people who Machinery’s shutdown, employees looked to rapidly declined from a thriving company to weren’t retired out there who had more than their faith for strength. an abruptly shuttered one. 25 years of service and they were not called Twice a week, employees such as Mr. A DIFFERENT COMPANY back.’’ Goshe, a Vietnam veteran and father of four, After National Machinery closed, the Some grew bitter, angry, and depressed as would gather outside the plant at noon and Kalnow siblings—who had kept a seat on the they waited and waited for the call from Na- form a prayer circle with 50 to 75 people. In company’s board of directors and a 15 per- tional Machinery that never came. the cold January and February air, they cent stake in the business as part of the ‘‘It’s the way they treated us,’’ said Mr. would pray for each other and for the future sale—became the workers’ best hope for res- Poignon, who tries to avoid Greenfield of National Machinery Co. Street in Tiffin, where National Machinery ‘‘Everybody would go around and if any- cuing the company. In the weeks after the company closed its is located. ‘‘Not calling us in to inform us of body had something to say, they’d say it, or anything, and not being up front and square they would say a prayer,’’ Mr. Goshe said. ‘‘If doors, the Kalnows, led by Andrew Kalnow, founder of Chicago-based Alpha Capital Part- with us, and being ostracized after they re- anybody had anything they wanted to get off opened the plant. None of us deserve that. their chest, they could get it off their ners, a private equity investment firm, began negotiating to buy National After we have given our lives to it, our good chest.’’ working years are gone. We can’t go out and The workers took pride in their roles in Machinery’s debt from a consortium of restart. We gave them all our good working National Machinery’s history and held out banks holding tens of millions of dollars in years.’’ hope for a return to better times. notes—the debt taken on to buy the com- ‘‘National Machinery had the knowledge in pany from him and his family. He added, ‘‘You feel like you’ve been be- town that they were the best employer in In February, 2002, the Kalnows repurchased trayed.’’ Seneca County,’’ said Mark Griffin, a 38-year National Machinery for $16 million, just a DEPRESSION AND ANGER employee. ‘‘We had some other big employ- fraction of what they had sold it for just Several former National Machinery em- ers in Seneca County, but that was the best three years earlier. ployees fell into depression as they tried to place to work. In Tiffin, many employees believed their live without the work they had been doing ‘‘They took care of their people, they had prayers were answered. for most of their lives. a fair wage, you worked your overtime, had But they soon learned that National Ma- Others were angry. a great retirement, and they took care of chinery, under its new ownership, would be a Paul Martorana, a 27-year employee of Na- you,’’ Mr. Griffin said. far different company than the one they had tional Machinery, returned to the company’s From its Quarter Century Club, which hon- devoted 20, 30, or even 40 years of their lives. offices to settle his pension after the new ored employees of 25 years, to its picnics, In a complex business transaction, the company had taken over. But before he left, baseball leagues, and community service, Kalnows established National Machinery he had a request of Anne Martin, the com- National Machinery was steeped in tradition. LLC, or limited liability company, which pany’s secretary. Its owners, the Frosts and Kalnows, who they used to essentially purchase the prop- ‘‘Would you do me one favor?’’ Mr. for decades referred to their employees as erty and assets of the former National Ma- Martorana recalled asking. ‘‘Take my pic- ‘‘Our people,’’ instilled an unapologetic sense chinery Co. ture off the wall. I don’t want anyone to of family in and outside the plant. The sale was completed in such a way that know I was ever associated with this com- They provided quality employment, fair the new company would inherit the old com- pany.’’ wages, and steady jobs, and in return they pany’s headquarters in Tiffin, its factory, its Mr. Martorana wanted his picture taken expected their workers to live up to National machinery, and its customers. But it would off the walls of National Machinery Co.’s Machinery standards to protect the image of have no responsibility to pay the debts of the Quarter Century Club. The club, which had the company. Employees in the 1970s and ’80s old company. Those debts included millions more than 735 members since it was estab- were expected to be clean-cut and trouble- of dollars owed to suppliers and $1.5 million lished in 1936, honored the company’s most free. They were forbidden from cashing their more owed to area doctors and health-care loyal employees. checks at local watering holes. facilities for medical services provided to Many members of that devoted club were Mr. Griffin said National Machinery em- former employees before the plant closed. among those who were unexpectedly thrown ployees had enough pride in their work to Officials of the new company eventually from their jobs, instantly losing health-care cash their checks at a bank, not at a bar. agreed to pay an undisclosed amount toward coverage, paychecks, accrued vacation time, In return, Mr. Griffin said, ‘‘If you got into the $1.5 million in medical bills owed by and the stability of employment. trouble or were a little short, they would al- former plant workers. But the new company ‘‘A lot of people got hurt, financially and ways bring the money up ahead of you. They said it had no legal obligation to the employ- mentally,’’ Mr. Martorana said. would pick you up and you could pay ’em ees of the ‘‘old company,’’ who were left be- ‘‘We didn’t know what to do,’’ Mr. Poignon back later. It was like a family thing.’’ hind when the plant closed in December, said. ‘‘There were people who were scheduled A TIFFIN INSTITUTION 2001. for surgery. They didn’t know what to do. National Machinery began four genera- A spokesman for National Machinery LLC They didn’t have insurance. Some of them tions of ownership by the Frost and then last week said WARN Act issues were han- had cancer.’’

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PICKING UP THE PIECES Machinery employees wrote the judge to ob- performed more humanely, taking into ac- It was difficult, if not impossible, for some ject to the settlement. count the loyalty of many of the company’s former employees to find reliable work after ‘‘There were a lot of very good employees longtime employees. decades with National Machinery. The em- that were completely devastated when all They believe Meshech Frost and Jane ployees had no time to plan, find new jobs, or this happened and some satisfaction needs to Frost Kalnow would be disappointed. train for new careers. be given to all of us,’’ Virginia Coffman ‘‘It’s all about putting money in your Out of necessity, some took whatever they wrote. Mrs. Coffman, along with her hus- pocket,’’ Mr. Poignon said. ‘‘Maybe morality could find, accepting steep pay cuts and los- band, John Coffman, worked for National has changed. Maybe young people think this ing benefits. Machinery Co. for more than 28 years. ‘‘This is OK. But in our day, this wasn’t a moral ‘‘It’s basically turned our lives upside type of treatment cannot be allowed to go thing to do. If you look at the business side down,’’ said Sharon Goshe, who has been unnoticed and just slide by, it has hurt many of it, it looks pretty good. married to Gene Goshe for 34 years. responsible people who are still trying to re- ‘‘But if you look at the human side of it, Mr. Goshe said he held out hope for about cover.’’ there’s been a lot of damage.’’ three months after the plant closed, hoping In a handwritten note, Steven Webster, a [From the Toledo Blade, Oct. 11, 2007] that he would get a call to return to work. former National Machinery employee from HOUSE CHAIRMAN OFFERS A TOUGHER WARN The call never came. Upper Sandusky, Ohio, explained that the ACT ‘‘Once they opened back up and [I’d] seen company’s sudden closing triggered a finan- (By Steve Eder) the ones they were hiring back, I was too cial tailspin that caused him to fall behind The powerful chairman of the House Edu- old,’’ Mr. Goshe said. on child-support payments. Mr. Webster ex- cation and Labor Committee yesterday sub- He began applying for nearly ‘‘any job that plained that he needed to withdraw from his was in the paper,’’ but he didn’t have any mitted his proposal to better assure workers 401K plan twice to keep banks from fore- are given notice before they lose their jobs in success and began to suffer from depression. closing on his home. ‘‘The unemployment was running out, and mass layoffs or business shutdowns. ‘‘For the six months I was without a job. I U.S. Rep. George Miller (D., Calif.) became we got the same old stories,’’ he said. ‘‘You had my water, electric, and gas shut off and go out and you look for a job and you get the second member of the U.S. House to in- had to live with my mother for a while until troduce legislation to reform the Worker Ad- your hopes up, and you hear nothing.’’ I got a job because I couldn’t afford food or Ten months after National closed, Mr. justment and Retraining Notification Act, anything,’’ Mr. Webster wrote. Goshe took a job for $10 an hour with no ben- known as the WARN Act, a 19-year-old fed- Many of the workers sent copies of their efits at a local lumber yard, a $4 an hour eral law that requires many employers to letters to their representatives in Congress wage cut. provide 60 days’ notice before layoffs. and the Statehouse, including U.S. Rep. Paul Many employees of National Machinery Mr. Miller’s bill was co-sponsored by U.S. Gillmor (R., Tiffin), U.S. Sens. George skipped their paid vacations over the years, Rep. Marcy Kaptur (D., Toledo). Voinovich and Mike DeWine, then-Gov. Bob believing they had accrued months of paid ‘‘These are really extraordinary improve- Taft, and state Rep. Jeff Wagner (R., Syca- time off that could be used in the future. ments over existing legislation,’’ Miss Kap- more). When the old company shuttered, employees tur said during an interview yesterday. None of them was willing to fight for their were not reimbursed for the time. ‘‘There are more teeth in this [bill] to treat The workers said they were also owed constituents, at least on the WARN Act. the workers with more respect.’’ thousands of dollars in lost wages and unpaid On Nov. 15, 2004. a group of former National After a Blade investigation in July high- medical bills. But when they went to the Machinery Co. employees went to federal lighted the WARN Act and its shortcomings, plant office and tried to collect from Na- court in Toledo to object in person to the a host of key politicians in Washington have tional Machinery LLC, they heard a familiar proposed settlement. addressed the need to reform the law. Among refrain: ‘‘Sue the old company.’’ On their day in court, U.S. District Judge those who have responded are Democratic But the ‘‘old company’’ no longer existed. James Carr empathized with the plight of U.S. Sens. Sherrod Brown of Ohio, Hillary the workers, inviting them to sit in the jury TAKING LEGAL ACTION Clinton of New York, Edward Kennedy of box and address the court. But the judge all Massachusetts, John Kerry of Massachu- On Sept. 11, 2002, three former workers of but told the workers that his judicial powers setts, Barack Obama of Illinois, former Sen. National Machinery Co.—Chad and Donald were limited by a law with no teeth. John Edwards of North Carolina, and U.S. Baker and Paul Martorana—filed a class-ac- In the end, Judge Carr reluctantly ap- Rep. John McHugh, a Republican from New tion lawsuit in federal court in Toledo on be- proved the settlement, declaring it a ‘‘pit- York. half of all the workers who lost their jobs. tance’’ and telling angry workers it was the The Blade’s four-part investigation showed They sued National Machinery Co., best settlement they could hope for under that the WARN Act is so full of loopholes Citicorp Venture Capital, and two related en- the weak federal law. and flaws that employers repeatedly skirt it tities claiming the WARN Act was violated ‘‘Most simply put, and most unhappily, with little or no penalty. when the plant closed without a 60-day no- you’re out of luck,’’ Judge Carr told the The series showed that in crafting the tice. They asked for lost wages, vacation workers. ‘‘That statute has proven to be no WARN Act, Congress didn’t charge the De- pay, and medical expenses they said they protection to you.’’ partment of Labor with enforcing the law. were owed, totaling at least $4,000 per work- LINGERING BITTERNESS Instead, displaced workers must take their er. former employers to court to uphold their They received a quick education into the In Tiffin, more than five years after the rights under the law. limitations and loopholes of the federal law. ‘‘old company’’ suddenly was closed on a cold An analysis of 226 WARN Act lawsuits filed But the biggest obstacle they faced was the December day, time has healed some of the by employees showed that judges threw out wall of legal agreements, contracts, and doc- wounds. But there still remains an undercur- more than half, citing loopholes in the law. uments set up by a squad of lawyers to make rent of regret and bitterness. ‘‘Everyone on the [House Education and sure that National Machinery LLC was not Today there’s a sign outside the head- Labor] committee is familiar with the responsible for the debts and actions of Na- quarters of National Machinery LLC that Blade’s excellent work on this.’’ Miss Kaptur tional Machinery Co. proudly proclaims it as a 130-year-old com- said yesterday. ‘‘The Blade has really done Attorneys for Citicorp Venture Capital ar- pany. the country a favor in helping to highlight gued that their client wasn’t the liable em- The former employees never called back by the importance of this legislation and to ployer under the law because even though the ‘‘new company’’ say the sign epitomizes draw national attention to it.’’ Citicorp was the majority owner of the ‘‘old the hypocrisy of what transpired at National Mr. Miller’s bill—called The Early Warning company,’’ it didn’t make business decisions Machinery. and Health Care for Workers Affected by on behalf of National Machinery. ‘‘What I’ve heard is they think they’ve Globalization Act—would overhaul the exist- Because the ‘‘old company’’ was now a done great—‘they’ve saved the company,’’’ ing WARN Act by increasing the notice pe- mere shell, its former employees fell into Mr. Poignon said. ‘‘You don’t want to think riod from 60 to 90 days, making the law apply one of the most prominent pitfalls of the that the place you’ve worked your entire life to more employers, increasing financial pen- WARN Act—finding someone who could pay has done something terrible. They didn’t ful- alties for violators, and empowering the De- the workers what they were owed. fill their promises to a lot of people who gave partment of Labor to bring lawsuits on be- Nearly three years after the company their whole lives to the company.’’ closed, attorneys for the employees and half of employees. The laid-off workers have struggled to In addition, it covers part-time employees Citicorp Venture Capital agreed to a settle- come to terms with the fact that National and groups of 100 or more workers laid off by ment that would pay $375 per worker before Machinery LLC—which conducts its business one employer at multiple job sites. taxes—just pennies on the dollar of what from the old headquarters of National Ma- The legislation also extends COBRA health most employees felt they were owed. Na- chinery Co. in Tiffin, builds the same ma- coverage for recipients of trade adjustment tional Machinery LLC, as a completely new chines, and serves the same set of clients— assistance, allowing workers who are 55 or entity, had no obligation to the workers and wasn’t legally required to pay their lost older or employees with more than 10 years was not involved in the settlement. wages and benefits. of service to an employer to use COBRA cov- AN ‘‘INSULT’’ Some recognize that Andrew Kalnow may erage until they are eligible for Medicare. Calling the settlement an ‘‘insult’’ and have saved National Machinery, but they Miss Kaptur said Mr. Miller’s new proposal frustrated with the law, 74 former National question why the rescue couldn’t have been has support from the ‘‘highest levels’’ of

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.023 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12287 Congress, including House Speaker Nancy We will offer later an amendment to The SPEAKER pro tempore. Is there Pelosi (D., Calif.). this bill, a substitute, that will do just objection to the request of the gen- ‘‘There is a significant amount of momen- that. In the meantime, I encourage all tleman from Michigan? tum that has built for this measure,’’ Miss Kaptur said. of my colleagues to vote against addi- There was no objection. Ms. Pelosi, in a statement yesterday, said: tional bureaucracy and to vote against Mr. LEVIN. Mr. Speaker, I yield my- ‘‘For too long, the Bush Administration has expanded government intrusion into self 4 minutes. ignored the needs of workers who are left un- the marketplace that causes these dis- I would like today to talk about the employed through no fault of their own. ruptions. facts, and next week we will talk about Chairman Miller and Congresswoman Kaptur Mr. Speaker, I yield back the balance the facts on trade legislation. I think have been relentless champions for the cause of my time. the approval of the U.S.-Peru FTA that of working men and women, and the new leg- came out unanimously from Ways and islation incorporates those concerns.’’ Mr. GEORGE MILLER of California. Alex Conant, a White House spokesman, Mr. Speaker, how much time do I have Means is the antithesis of CAFTA. Let had no immediate comment last night on remaining? me talk about the facts on TAA, which Mr. Miller’s WARN Act proposal, but de- The SPEAKER pro tempore. The gen- relates to those who are dislocated. fended the President’s record on helping tleman has 1 minute left. We received a letter dated October 23, workers. Mr. GEORGE MILLER of California. 2007, from the Secretary of Labor, and ‘‘The President has aggressively fought for I would urge my colleagues to support she said it is important, and I quote, and delivered tax relief for all taxpayers re- sulting in economic growth and job cre- this legislation. ‘‘that the negative impacts that are ation,’’ he said. ‘‘The best thing Congress We could leave this to the market- borne by a few are offset in the form of can do to help workers and those seeking place, and you could throw your work- assistance to persons and firms that work is to keep taxes low to grow our econ- ers out on the street with no notice, no may be adversely affected.’’ omy and create new jobs.’’ health care, no training, and that’s it, I just want to say the facts are very Mr. Miller’s bill shares some characteris- and just tell them, welcome to the different. It isn’t a few. Trade isn’t the tics with a bill introduced in the U.S. Senate globalized world. only source of dislocation, but it is one by Mr. Brown and a bill in the U.S. House by We thought we would try a different Mr. McHugh. of those and a substantial source. It’s Mr. Brown’s bill is co-sponsored by Ms. tack. We thought we would give work- not a few. It’s hundreds of thousands of Clinton and Mr. Obama, who are vying for ers notice where it is practical for em- people. We have lost 3 million manu- the Democratic nomination for president. ployers to do so so the worker would facturing jobs in this country in recent The proposals introduced by Mr. Brown have time to deal with the implica- years. and Mr. Hugh, both called the FOREWARN tions of a lost job on their family, to The President, or at least the admin- Act, would lengthen the notification period required before a plant closing or mass lay- try to save their home, to try to save istration, has sent a letter indicating off, increase penalties for violators, require their kids’ education, try to save the their strong opposition, and I want to more companies to provide notice before lay- automobile, figure out how to get an- go over the facts quickly. It says, and offs, and allow the Department of Labor and other job or how to get to retirement. I quote, that this legislation converts state attorneys general to represent workers We also know that many workers TAA from a trade-related program to a in lawsuits. that are released don’t have health universal income support and training Julie Hurwitz, the former executive direc- care coverage or can’t get it in the program. That is simply not true, and tor of the Sugar Law Center, a Detroit-based nonprofit legal center which advocates for marketplace. So we extended COBRA. I will come back to that when I talk workers in WARN Act cases, said she is We made that decision many years ago. about services. ‘‘heartened’’ by the congressional efforts to Forty million people have used that to Number two, it says the increased reform the law. get them to another health care plan duration of income support under this ‘‘These are all sorely needed revisions that or to hold on to their coverage as long bill would result in some workers re- have to be made, particularly given the his- as they possibly could. We said for maining out of the workforce and on tory of those loopholes that have existed in older workers, you can take it to Medi- assistance for 3 full years. That’s really the original statute giving employers all care. If you are over 55 years old and kinds of wiggle room to essentially set their not accurate because the first 26 weeks own agendas and still not be held account- you have worked there 10 years, you are usually taken up by unemployment able under the original version of the WARN can use COBRA. You pay all the pre- compensation when people are not Act,’’ Ms. Hurwitz said. miums, you pay the administrative using TAA directly. And then there are Still, Ms. Hurwitz wants lawmakers to go cost, but at least you have coverage. 2 years. In order to receive income sup- a step further and address increasingly com- For some people, that’s absolutely port, they have to be in a training pro- mon tactics used by employers to evade their vital, because once they lose coverage, gram. Now, there is a provision for an WARN Act duties. ‘‘I would love to see somebody grapple with they can’t get it again because they additional 6 months, but it applies to a the use of releases or waivers that are now can’t afford it or because they have relatively few people. So these facts quite frequently used by employers to get preexisting conditions and they won’t don’t support the strong opposition of out from any WARN Act liability or respon- write that policy for those individuals. the administration. sibility,’’ Ms. Hurwitz said. This is just about whether or not we I am still hoping for bipartisan sup- Mr. MCKEON. Mr. Speaker, we know are going to treat Americans with port. We did accept, voted for three that there have been job losses due to some sense of decency who work all amendments from the minority side in trade, there have been job losses due to year long, provide for their families, the Ways and Means Committee. We technology improvements. There are work hard, play by the rules or wheth- had three votes from the minority side, other different reasons why jobs are er they are just going to have to crash and I hope for very, very many more lost, and we all feel the pain of those to the street and lose their income, here on the House floor. who have lost their jobs. their houses, their cars, their kids’ Next, the administration statement Having said that, the answer is not education. That’s the choice we get talks about industry-wide eligibility increased bureaucracy and increased today. determinations and says that it would problems that employers have to deal Mr. Speaker, I yield back the balance include workers not demonstrably af- with in providing jobs and in coming of my time. fected by trade. It’s the Department of up with new technology to create new The SPEAKER pro tempore. That Labor that has the ability to determine jobs. The answer would be to stream- portion of time has expired. this, and so that sweeping statement is line, to cut back the bureaucracy, yes, The gentleman from Louisiana has 13 simply not true. As to the service sec- to give temporary help to workers that minutes left, and the gentleman from tor, the administration letter says the have been displaced, to give them the Michigan has 16 minutes left. bill does not clearly articulate any sep- opportunity to get additional job train- GENERAL LEAVE aration of such workers from their em- ing so that they can prepare for other Mr. LEVIN. First, Mr. Speaker, I ask ployment, must be attributable to occupations, and then to try to spread unanimous consent that all Members trade. I just ask they read the language that pain across the country instead of may have 5 legislative days in which to in the bill because it talks about arti- just having it targeted on those spe- revise and extend their remarks on cles or services like or directly com- cific plans. H.R. 3920. petitive with articles that are produced

VerDate Aug 31 2005 02:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.025 H31OCPT1 cnoel on PRODPC60 with HOUSE H12288 CONGRESSIONAL RECORD — HOUSE October 31, 2007 or services that are provided by such duct industry-wide certifications when assist displaced workers from the 8th District firm that relate to overseas competi- three petitions from firms in the same and the State of North Carolina. I am ex- tion. industry, such as the textile industry, tremely pleased that many of the provisions of Lastly, I want to say a word about are certified within a 6-month period. the Trade Adjustment Assistance Reform Act health care. Look, we increased it from This doesn’t provide automatic eligi- were included in this bill to make it possible 65 to 85 percent because 65 percent bility for dislocated textile workers, for these workers to receive expanded assist- doesn’t work. Only 10 percent of those but it is a step in the right direction. ance and job training to help them to make a eligible for TAA now receive health Since I have been in Congress, I have successful change in their career. care. We have an obligation in this in- pledged that our office would do all it I look forward to continuing to work with my stitution for people who are laid off, could to assist displaced workers from colleagues as we debate and develop legisla- who are dislocated, to receive health the Eighth District in the State of tion that seeks to help our Nation’s workforce care for themselves and their family, North Carolina. I am pleased that adapt for new careers and opportunities. and 65 to 70 percent isn’t going to many provisions of the reform act were Mr. LEVIN. It is my pleasure to yield work. We know it. We know it. included in the bill. 2 minutes to a colleague of mine and a Mr. MCCRERY. Mr. Speaker, before Mr. Speaker, I rise in support of H.R. 3920, member of the Ways and Means Com- yielding to the gentleman from North the Trade and Globalization Assistance Act of mittee, Mr. MCDERMOTT from Wash- Carolina, I was moved by Mr. MILLER’s 2007. ington. presentation a few minutes ago and The Trade Adjustment Assistance program (Mr. MCDERMOTT asked and was would tell the Speaker, if he gets a is a good program. I have worked hard to ex- given permission to revise and extend chance, to tell the gentleman that if pand this program and make it better in the his remarks.) they would look at some of the provi- past, but we must make additional changes to Mr. MCDERMOTT. Mr. Speaker, what sions we have in our bill, it would help our manufacturing workers in this in- makes America work is America’s make it, in fact, easier for all those creasingly competitive global marketplace. workers. people he is concerned about to get the While it is good that these workers are going Today, America is going to work training and the retraining under TAA, to get extended unemployment benefits and harder to protect its workers. We cur- that those changes are not included in insured health care, we all know that an un- rently have a program that was put to- H.R. 3920 or in the bill that came out of employment check is no substitute for a pay- gether in the middle of the night in Education and the Workforce. check. But when workers are displaced, we 2002 in the midst of the fast track legis- With that, I would yield 2 minutes to want to give them the skills to successfully re- lation, and it was never intended to the gentleman from North Carolina enter the workforce. work. As many of you know, I have introduced the (Mr. HAYES). This bill provides protection for al- (Mr. HAYES asked and was given Trade Adjustment Assistance Reform Act, most double the number of workers permission to revise and extend his re- H.R. 1729, which seeks to expand the current covered by that program. This measure TAA program to give greater resources to dis- marks.) before us also improves a more basic Mr. HAYES. Mr. Speaker, I rise in placed workers. Early in the year, I asked protection for all jobless workers, un- support of H.R. 3920, the Trade and Chairman RANGEL to include the provisions in employment insurance. Only one-third Globalization Assistance Act of 2007. my bill into the comprehensive TAA reauthor- of America’s unemployed now receive ization bill. I was pleased to see that many of Textile workers in my district in North unemployment benefits, and coverage these provisions made it into this legislation. Carolina have been disproportionately rates for low-wage and part-time work- Specifically, this bill: ers are considerably lower. affected by trade and have suffered a Expands TAA eligibility to include dislocated This bill provides up to $7 billion to number of closings. workers affected by a shift in productions in States implementing specific policies I appreciate what Mr. MCCRERY is which the workers’ jobs are moved to nations designed to eliminate unnecessary bar- doing. I wish also that these two bills that have no preferential trade agreement with riers. We ask States to count a work- could have been better combined to the U.S., including China and others. take care of the advantages of both. Provides a strong increase in the Health er’s most recent wages when deter- As many of you know, I have intro- Coverage Tax Credit, HCTC. H.R. 3920 in- mining their eligibility. We ask States duced the Trade Adjustment Assist- creases the tax credit from 65 percent to 85 to end discrimination against part- ance Reform Act, H.R. 1729, which percent. time workers. And we ask them not to seeks to expand the current TAA pro- Increases TAA funding authorization from disqualify workers who must leave gram to give greater resources to dis- $220 million to $440 million. work for compelling family reasons placed workers. I was disappointed to see that H.R. 3920 like domestic violence or taking care Earlier in the year, I asked Chairman did not include a key provision to provide of a sick child or following a spouse RANGEL to include the provisions in my automatic eligibility for dislocated textile and whose job has moved. bill in the comprehensive TAA reau- apparel workers; however, I was pleased to These are State options. We are not thorization bill. I was pleased to see see that it does include a provision that allows requiring them to do anything. If they that many of these provisions made it for industry-wide certifications. This bill re- don’t want it, they don’t have to have into the legislation. quires the Secretary of Labor to conduct in- the money. But we are giving them the Specifically, this bill expands TAA dustry wide certifications when three petitions opportunity to take care of their un- eligibility to include dislocated work- from firms in the same industry, such as the employed workers. The improvements ers affected by a shift in production in textile industry, are certified within a 6-month promise to provide unemployment ben- which workers’ jobs are moved to na- period. This doesn’t provide automatic eligi- efits to over half a million jobless tions that have no preferential trade bility for dislocated textile workers, but it is a workers if adopted in every State. agreement with the U.S., including, step in the right direction. Women particularly stand to gain from particularly, China and others. Mr. Speaker, I have enjoyed working with this bill because they are more likely It provides a strong increase in the my good friend and colleague Congressman to work in part-time or low-wage jobs health coverage tax credit. H.R. 3920 MIKE MCINTYRE on this bill and North Caro- and are more likely to leave for family increases that credit from 65 to 85 per- lina’s Rural Center. The Rural Center is a non- reasons. The cost of supporting these cent. It increases TAA funding author- profit that seeks to promote economic devel- reforms is fully offset by extending an ization from $220 million to $440 mil- opment throughout North Carolina’s rural unemployment tax that has been on lion. areas, and the Center has been a tremendous the books for 30 years, and that Presi- I was disappointed to see that H.R. advocate for helping dislocated workers dent Bush is specifically asking us to 3920 did not include a key provision to throughout the state. This bill resembles many continue. Any talk about increasing provide automatic eligibility for dis- of the recommendations that were published taxes is simply empty rhetoric from located textile and apparel workers. in the Rural Center’s report, ‘‘Gaining a Foot- the other side. They know it, because However, I was pleased to see that it hold—An Action Agenda to Aid North Caro- the last time it was extended, they did does include a provision that allows for lina’s Dislocated Workers.’’ it on their watch. industry-wide certifications. This bill Since I have been in Congress, I have Mr. Speaker, a vote in favor of this requires the Secretary of Labor to con- pledged that our office would do all it could to bill should be the easiest vote that

VerDate Aug 31 2005 01:39 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.044 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12289 every Member of Congress takes this Mr. LEVIN. Mr. Speaker, it is my reer. It is important for Congress to reauthor- year. pleasure to yield 2 minutes to our very, ize this critical program that right now is help- Mr. MCCRERY. Mr. Speaker, I yield 4 very distinguished colleague from ing 15,000 workers in Michigan. minutes to the gentleman from Cali- Georgia (Mr. LEWIS). I support the Trade and Globalization As- fornia (Mr. HERGER), the ranking mem- Mr. LEWIS of Georgia. Mr. Speaker, sistance Act. This bill provides more funds for ber of the Trade Subcommittee of the I want to thank my friend and col- training programs, increases the size of the Ways and Means Committee. league for yielding. health care tax credit, and assists workers Mr. HERGER. Mr. Speaker, losing a Mr. Speaker, I rise in strong support who are in training programs with additional job is one of the most disruptive events of H.R. 3920, the Trade and income support. I wish, however, that Chair- that can occur to a worker and a fam- Globalization Assistance Act of 2007. man RANGEL would have made the health ily. Under this administration, we have care tax credit permanent instead of elimi- We should be helping these individ- adopted a record eight free trade agree- nating it after 2 years. That being said, I be- uals to get back to work as soon as pos- ments. In trade and globalization, lieve it is important that the bill raises the sible. That’s why I support the trade there are winners and there are losers. amount of health insurance assistance from adjustment assistance and why I intro- Mr. Speaker, increasing the funding 65 percent to 85 percent. Now, out of work in- duced a short-term extension of the and efficiency of the trade assistance dividuals will be better able to afford health in- program to assist workers displaced by program is the very least we can do as surance while they look for a new job. trade through December. a Congress. In my district, where unemployment rates In my home State of Georgia, we b 1300 are higher than the national figures, the TAA have used more than 125 percent of our program has been an invaluable tool in getting Unfortunately, I cannot support to- allotment. Why? Because agriculture people into the classroom and into new, better day’s bill. In addition to expanding the and textile jobs are disappearing. paying jobs. The community colleges in my TAA program, which already costs the They’re leaving the State of Georgia. district have done a good job of expanding American taxpayers nearly $1 billion These families are struggling just to their curriculum to include new courses tai- each year, the majority shuts out nu- make ends meet. They want to work. lored to high-paying, expanding industries in merous Republican suggestions that They need to work. How can we oppose, Michigan. I remain committed to doing what- would have instilled accountability how can we be against investing in our ever it takes to maximize the Federal assist- and increased flexibility for workers. greatest asset, the American work- ance available to help these workers and their One provision of their bill eliminates a force? families. In so doing, I will vote for the bill be- State’s ability to choose the best em- We can spend hundreds, thousands, fore us this afternoon. ployees to administer TAA by requir- millions and billions of dollars on war. Mr. MCCRERY. Mr. Speaker, I re- ing so-called State merit-based em- Can we spend just a few dollars on the serve the balance of my time. ployees to run the program. This workers of America? Mr. LEVIN. Mr. Speaker, now I yield means that the 25 States that cur- To oppose this bill is heartless, it 2 minutes to another distinguished rently use local employees or outside makes no sense, and it is irresponsible. member of this Ways and Means Com- contractors like nonprofit or commu- So I urge all of my colleagues to vote mittee, Mr. NEAL from Massachusetts. nity-based groups to operate a more ef- ‘‘yes’’ for this important bill. Mr. NEAL of Massachusetts. Mr. ficient and effective TAA program will MODIFICATION TO AMENDMENT NO. 1 OFFERED Speaker, I want to acknowledge Mr. no longer be able to do so and will be BY MR. MCCRERY LEVIN’s role, in not only the construc- required to hire more government Mr. MCCRERY. Mr. Speaker, I ask tion of this legislation, but the role workers. unanimous consent that during consid- that he’s played, I think, in trade I’m also amazed that the majority re- eration of H.R. 3920, pursuant to House issues. jected our proposal to increase ac- Resolution 781, the amendment printed I rise in support of the Trade and countability by requiring States and in part B of House Report 110–417 be Global Assistance Act of 2007. Other- organizations that receive TAA to modified by the form I’ve placed at the wise known as TAA, this program has meet performance measures. It should desk. been successful in transitioning work- be the goal of all Members to see that The SPEAKER pro tempore. The ers who have been displaced by foreign taxpayers’ dollars are spent wisely, and Clerk will report the modification. trade into new jobs. Many workers and the lack of such measures is a funda- The Clerk read as follows: businesses in my home district in Mas- mental shortcoming of the bill. This Modification to amendment No. 1 offered sachusetts have already been bene- provision is included in the Republican by Mr. MCCRERY: ficiaries of assistance provided by TAA. substitute that we will offer later In the matter proposed to be inserted, The bill we’re considering today will today. strike section 307(c). provide extended and expanded benefits Far from forcing workers into just The SPEAKER pro tempore. Without and do so for more workers. It will also any old job, Republicans have worked objection, the amendment is modified. expand the critical health care cov- to find constructive ways to increase There was no objection. erage that these displaced workers and TAA program flexibility so workers Mr. MCCRERY. Mr. Speaker, may I their families need. could have more options to train for a inquire as to the remaining time for The bill doubles the current funding new job and have greater access to em- each side. amount for retraining of workers for ployment services. But, again, these The SPEAKER pro tempore. The gen- new jobs. But what might be the most suggestions were rejected by the ma- tleman from Louisiana has 71⁄2 minutes exciting new feature in this proposal is jority. and the gentleman from Michigan has the manufacturing and redevelopment We all want to help unemployed 81⁄2 minutes. zones which are very similar to the workers to get back on their feet Mr. MCCRERY. Mr. Speaker, at this popular enterprise and empowerment quickly. But TAA improvement, and time I would yield to the gentleman zones that many American cities have especially an expansion of this mag- from Michigan (Mr. CAMP) for a unani- had great success with. These new nitude, should have been considered in mous consent request. manufacturing zones will provide busi- the context of expanding trade oppor- (Mr. CAMP of Michigan asked and nesses with a host of incentives to re- tunities for all Americans through our was given permission to revise and ex- develop in areas that have suffered sub- pending free trade agreements, includ- tend his remarks.) stantial reductions in manufacturing ing Colombia, Panama and South Mr. CAMP of Michigan. Mr. Speaker, the employment. Korea, and reauthorization of the trade Trade Adjustment Assistance, TAA, program TAA extension and expansion should promotion authority. Regrettably, we continues to be an important program to go hand in hand with more free trade have no commitments from the major- American workers who are left out of a job be- agreements. As one who is a supporter ity on these important measures, de- cause of increased imports or jobs moving of the Peru Free Trade Agreement, spite months of work. overseas. When workers need assistance get- which the committee of Ways and I urge my colleagues to reject H.R. ting back on their feet, the TAA program is Means has just approved, TAA is the 3920. there to help them get a new job or new ca- safety net we need to enact in a case-

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.046 H31OCPT1 cnoel on PRODPC60 with HOUSE H12290 CONGRESSIONAL RECORD — HOUSE October 31, 2007 by-case opportunity to give benefits to grams that will actually get workers agreement come to this floor. And I workers and industries who have been back to work at a job they can raise can say in Texas, the State that I hail displaced or disrupted because of these their family on, which is what I think from, one out of seven jobs is tied to agreements. Of course, it is our hope there is bipartisan support for. trade. Trade is important. But I see no and intent that all free trade agree- Mr. LEVIN. Mr. Speaker, I yield 11⁄2 pro trade agenda here. What I do see is ments lift all economies and industries minutes to another distinguished mem- a massive expansion of another govern- of both participating countries. But if ber of the Ways and Means Committee, ment program with a massive tax in- businesses are impacted and workers Mr. BECERRA from California. crease to go along with it. are impacted, we must have TAA to re- Mr. BECERRA. Ladies and gentle- Now, we know that roughly 3 percent train that workforce for the jobs of the men, we would not send our troops into of Americans will have their jobs dis- future. battle without the best training, armor placed by trade. We know that trade I urge full adoption of this legisla- or weapons. And in that same vein, in will create far more jobs. tion. today’s hypercompetitive global econ- But again, I might be more enthusi- Mr. MCCRERY. Mr. Speaker, I yield 2 omy, we must know that our workers astic about this legislation if I saw the minutes to the gentleman from Texas are the best trained, equipped with the Democrat majority step up to do some- (Mr. BRADY), a member of the Ways best tools to challenge and excel in the thing about those who lose their jobs and Means Committee. face of that competition. due to frivolous litigation. And yet Mr. BRADY of Texas. Mr. Speaker, You name the time or the place, in a they’ve excelled at preventing any kind there’s no question, we need to do a fair fight, give me an American worker of tort reform in this economy whatso- better job of helping people who are at my side, and I know I’ll come out ever. laid off from their jobs. Even though okay. I might be more enthusiastic about only 3 percent of this country’s jobs But the tragedy here is that, just as this package if I saw the Democrat ma- are affected by trade, if it’s your job, we have learned that too many of our jority do anything to address those it’s an important one. troops deployed to Iraq without suffi- who lose their jobs due to excess tax- But when workers try to get help, cient body armor or vehicle protection ation, particularly on small businesses, what they find is this program is bu- and too many Iraq soldiers have come the job engine of America. reaucratic and inefficient and slow to home to face deplorable or indifferent b 1315 respond. There’s a big mismatch be- health care treatment as veterans, for tween the skills our workers have and years, too many Americans, as work- And yet we know that the distin- the ready jobs that are available for ers, have faced bureaucratic indiffer- guished chairman of the Ways and them. But TAA does not do a good job ence and roadblocks in securing train- Means Committee just announced ‘‘the of matching those skills and those ing and adjustment assistance after mother of all tax hikes.’’ Millions and workers. And I think there’s been a losing a job due to expanded trade. millions of small businessmen all good-faith effort to try to make this a Today, we plan to change that. across America could see their taxes better program, but, in my view, the H.R. 3920 doubles job training oppor- increase 25 percent. How many Ameri- underlying bill makes it a bigger pro- tunities so no American worker will cans are going to lose their job? gram, not necessarily a better one. face getting in that line and finding Where’s the sympathy for those people? TAA is a leaky bucket, and I think out that when he or she gets up there Where is their particular special carve- we’re making the bucket bigger and the money’s run out for training. out in the unemployment insurance we’re pouring more money into it. I This bill also includes service em- program? I don’t see it. don’t think we’re fixing the holes that ployees and public employees in the And yet again another current theme really harm workers. protection, which we haven’t had be- we see in all the Democratic legisla- For example, in the bill today we ac- fore. If you’re a truck driver who loses tion is let’s somehow loosen up the tually enhance duplication of efforts a job because your company, that other standards of who can qualify here. rather than streamline it. This bill pro- company tells you, well, we no longer Whether it be for housing benefits and hibits a worker who’s laid off for trade need your trucking services because agriculture appropriations, whether it reasons to going to the local job train- that company’s now moving to another be in SCHIP, what we see is language ing center to get help. In fact, what we country, you’ve lost your job because to make it easier for illegal immi- require is a new State-run program of trade, and you should be included as grants to access these benefits. We see that has no track record, has no proven well. We make sure that that employer it each and every time that the bill success, and we relegate them to really who has to begrudgingly tell that em- comes to the floor. We see it yet again a second tier training system. ployee ‘‘I have to let you go,’’ that that in this legislation. Clearly, the Amer- In Houston we have WorkSource. It’s employer can make sure that if it’s a ican people reject this. That’s why this at 35 different sites around our region. main customer that went abroad, you particular program needs to be re- It helps about 340,000 workers laid off, will be protected as an employee. jected. has put 53,000 back to work at higher Mr. Speaker, this is a time for us to Mr. LEVIN. I would now like to yield than average salaries. It’s a great prov- stand up for American workers. It’s not 13⁄4 minutes to another distinguished en product. their fault. They should be covered, member of our committee, Mr. Under this bill, a worker can’t even just as our troops should be covered. BLUMENAUER from Oregon. go down the street to take advantage Mr. MCCRERY. Mr. Speaker, I yield Mr. BLUMENAUER. My good friend of those computers and that net- 21⁄2 minutes to the gentleman from from Texas, if he would have bothered working and that work with busi- Texas (Mr. HENSARLING). to talk to the ranking member of the nesses, but we set up a less efficient Mr. HENSARLING. Mr. Speaker, Ways and Means Committee, who was one, unproven for them. It doesn’t clearly, anyone who loses their job in seated on the floor next to him, would make sense. America due to factors beyond their have known that there is a trade bill I object to the pay-for as well. We are control deserve help. That’s why we coming to the floor, passed unani- actually making U.S. companies less have the unemployment insurance pro- mously, 39–0, that is a reflection of competitive as they sell overseas. As gram in the first place. what we were sent here to do, which you know, today it’s not enough to buy TAA, obviously, goes beyond that was to redefine, redirect these policies American; you have to sell American. and says, if you lose your job because so that they were win-wins, so that We want to sell John Deere tractors of foreign trade, then you’re going to they benefited the economy, not at the and Apple computers around the world, get extra benefits. expense of working men and women, and this bill, unfortunately, actually I would be even more enthusiastic not at the expense of the environment. punishes those companies and hurts about the program if I thought there And the legislation we have before us the workers for them. was any agenda to promote trade by here today is an extension of that The Republican substitute is more the Democrat majority. I see none. strategy. flexible. It’s less bureaucratic, and pro- They have allowed the fast track to There is a clash of philosophies that vides some commonsense training pro- elapse. I have yet to see any trade you are going to hear in the next hour.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.049 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12291 We have included a greater scope, in- so that American workers are no but the fact is, at least according to cluding services, as you have talked longer left behind. Dislocated workers the lawyers that have looked at this about. The notion is to expand and en- put out of their jobs as a result of trade information and advised us, the bill hance, to deal with people who are dis- decisions must be protected. We need does loosen current law with respect to advantaged, in some cases harmed, be- to first stop the hemorrhaging of the verifying that people who are here ille- cause of global impacts beyond their jobs. Just this morning, we had a 39–0 gally are not due the benefits. As the control. Our Republican friends would vote. How dare someone come to the gentleman said, it appears that the in- propose to redirect and reduce. floor and twist the record. tent of the bill is not to qualify those We put more money for more employ- I want his words examined, the gen- people, but the language of the bill, un- ees with issues of health care. Their tleman from Texas. I want his words fortunately, according to some very proposal, if you look at it carefully, is examined. You can’t come to the floor good lawyers, might, indeed, allow doing it on the cheap, perhaps with and say whatever you want. This is not qualification for those who are here il- contract employees, capping training covered speech. legally. assistance at $8,000 over 2 years. Just ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, I didn’t intend to get because you call it a scholarship The SPEAKER pro tempore. The into all of that. But the fact is that the doesn’t mean that it’s not going to be Chair will remind Members that they bill that is before us, I believe, goes a cut for over 25 percent of the workers should address their remarks to the way too far in spending, way too far in on the current program in States like Chair and not to other Members in the increasing taxes, and, for those two Pennsylvania. Even in Nebraska, 80 second person. things alone, should be rejected. percent are going to see a 25 percent re- Mr. MCCRERY. Mr. Speaker, I yield Mr. LEVIN. Mr. Speaker, how much duction because they already benefit myself the balance of my time. time do I have? Mr. Speaker, I understand how people The SPEAKER pro tempore. The gen- from more expensive programs. 3 I hope that as a result of the debate can get emotional about some of the tleman has 1 ⁄4 minutes. Mr. LEVIN. Mr. Speaker, I yield the today where people look behind the arguments with respect to these bills. balance of that to the original sponsor premises of our friends on the other My good friend from New Jersey is of this legislation going back a number side of the aisle, the program here, clearly agitated, and I understand that. But I would tell him that some very of years, Mr. SMITH of Washington. there will be an opportunity to make a (Mr. SMITH of Washington asked and judgment about what is the approach. good lawyers have looked at the lan- guage in the bill, which is different was given permission to revise and ex- Ultimately I hope we unite behind the tend his remarks.) from current law language with respect approach in the bill before us, and I Mr. SMITH of Washington. Thank to providing benefits to illegal immi- urge its adoption. you, Mr. Chairman, for your work on Mr. MCCRERY. Mr. Speaker, I re- grants. And categories two and three, this legislation. serve the balance of my time. which the gentleman cited, ‘‘lawfully I strongly support expanding trade Mr. LEVIN. How much time is re- present in the United States’’ or ‘‘per- adjustment assistance for a very sim- maining? manently residing in the United States ple reason. Workers in our country The SPEAKER pro tempore. The gen- under color of law,’’ do present prob- need help. tleman from Michigan has 31⁄4 minutes. lems. First, there are multiple defini- We all acknowledge that the econ- The gentleman from Louisiana has 3 tions of what ‘‘lawfully present’’ means omy has changed. And one of the main minutes. in current law and regulation. Even features of that change is rapid dis- Mr. LEVIN. Mr. Speaker, I now yield more fundamentally, literally millions placement of workers. They have to up- 11⁄2 minutes to another very active of students and tourists and other date their skill. They have to change member of our committee, the Ways ‘‘nonimmigrants’’ are ‘‘lawfully jobs. It used to be you could get a job and Means Committee, Mr. PASCRELL present’’ in the United States each for a company that you knew was from New Jersey. year. The provision in the bill appears going to be there and a job that you Mr. PASCRELL. Mr. Speaker, to the intended to make these groups eligible knew was going to be there, and every- gentleman from Texas, he obviously for TAA benefits despite their not body acknowledges that has changed, didn’t read the bill. I recommend that being authorized to work in the United primarily because of global competi- you read the bills before you get up on States in the first place. tion and because of technology. the floor and make a fool of yourself. And the category of ‘‘permanently So this bill asks one very simple It says right here, section 114, ‘‘No residing under color of law’’ is still question: Do you think the workers of benefit allowances, training, or other more problematic. Even though the this country need help in this new en- employment services may be provided welfare reform law sought to do away vironment with all of that rapid under this chapter to a worker who is with this ambiguous category, it con- change, with all of the displacement an alien unless the alien is an indi- tinues to be used in some programs. that we have heard about from both vidual lawfully admitted for perma- SAA regulations, for example, define sides of the aisle today? Do the work- nent residence to the United States, is PRUCOL, permanently residing in the ers in this country need more help to lawfully present in the United States, United States under color of law, to in- deal with that? Do they need a bridge or is permanently residing in the clude, among other categories, ‘‘aliens between jobs, income support? And do United States under color of the law.’’ living in the United States with the they need training to help them be You stoop to conquer. You should be knowledge and permission of the INS/ qualified for new jobs that will be ashamed of yourselves. Every time you CIS and whose departure that agency available? And do they need health get in the corner, you’ve got to bring does not contemplate enforcing.’’ That care support since so many people in up illegal aliens. It says it in the law. is, those who are illegally present and this country’s health care is dependent By the way, any law that I know of who could be deported but are not. This upon their jobs? dealing with people who are out of category could include individuals who The answer to all of those questions work deals only with those people who were originally authorized to work in is obviously yes. That is what this bill are here legally. Get it? It’s easy. It’s the United States for a temporary pe- does. It expands the number of people simple. There are only three words riod of time, lost that job, and under who will have access to that des- here with more than three syllables. current law were supposed to leave the perately needed help. It gives our You’ve got to understand that, instead United States but remained despite the workers a chance. of coming to this floor and embar- requirement that they leave. It could We all know that the new economy in rassing yourselves. also include individuals who enter the globalization is here to stay. We ac- We know that the dramatically ac- United States illegally in the first knowledge that. But what we on this celerated pace of globalization is one of place who are known to the govern- side of the aisle want to do is help our the more major phenomena of this era. ment to be here but who are not being workers deal with that instead of just We accept this. But we also believe deported. saying, Good luck. It’s changed. You’re that we must help shape globalization So, Mr. Speaker, I understand how going to be displaced. We hope it works and mitigate its negative side effects we can all get emotional about this, out for you. Overall, we’ll be fine.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.052 H31OCPT1 cnoel on PRODPC60 with HOUSE H12292 CONGRESSIONAL RECORD — HOUSE October 31, 2007 We focus on those workers who need I look forward to passing this bill today in The additional incentives provided under a help, and this bill gives them more anticipation of also passing pending trade manufacturing zone designation would allow help. It expands the service sector deals in the coming weeks and months. By towns in lower Bucks County to make infra- workers, and it expands the number of giving our businesses the freedom they need structure improvements, cleanup brownfields, displaced workers in this country who to sell American goods and services abroad, attract new investments and create jobs. will get that income support, that job we are ensuring that the American economy Through ingenuity and good old fashioned training, and that health care that will stay strong and competitive in the future. American competitiveness we will move even they so desperately need. By assuring our employees that there will al- closer to economic revitalization and energy I strongly urge support for this legis- ways be a place for good American workers, independence. lation. we will ensure a strong labor force capable of Mr. Speaker, Lower Bucks County has enor- Mr. KIND. Mr. Speaker, today I rise in evolving along with the global economy. mous potential and I pledge to do everything strong support of the Trade and Globalization I support H.R. 3920, and I urge my col- I can to encourage economic growth and sup- Assistance Act so that all American workers leagues to vote for it today. port middle class families in my district. Towns will be able to realize the benefits of the global Mr. PATRICK J. MURPHY of Pennsylvania. in my district are still struggling and I am economy. H.R. 3920 will update our system of Mr. Speaker, I rise today to support much- proud to partner local leaders and the busi- trade adjustment assistance, TAA, to include needed economic redevelopment through the ness community to support economic develop- service sector employees, strengthen benefit Trade and Globalization Assistance Act. This ment. levels and duration, improve worker training, forwarding-thinking legislation will ensure that By passing this bill, we give hard working and stimulate economic recovery in affected America’s workers receive the training and as- Americans the support they need and communities. These are needed changes to sistance they need to compete in the global strengthen a foundation for economic leader- ensure that workers affected by globalization economy. ship. I urge my colleagues to support this crit- are taken care of if their job is lost. Globalization has had a significant impact ical piece of legislation. International trade is an essential part of the on the American workforce, but our national Ms. JACKSON-LEE of Texas. Mr. Speaker, American economy today and in the future. In policies have not kept pace with international I rise today in support of H.R. 3920, The fact, total U.S. trade of goods and services economic changes. Gone are the days when Trade and Globalization Assistance Act of last year totaled $3.6 trillion. The reduction of men and women began and ended their ca- 2007, introduced by my distinguished col- trade barriers in recent years has led to a cor- reers at a steel or textile mill. Now, even cus- league from New York, Chairman RANGEL. responding increase in trade volume, to the tomer service professionals and software engi- This important legislation updates and over- benefit of both American businesses and neers are losing jobs to overseas competition. hauls the antiquated Trade Assistance Act for American consumers. Knowing that these ben- Thirty years ago, in my district in Bucks workers program of 1962. efits do not accrue evenly across all indus- County, Pennsylvania, more than 46,000 peo- In today’s globalized economy, no worker is tries, however, Congress established the TAA ple were employed in manufacturing jobs. Like untouched by the phenomenon of the global program to help smooth the transition for many other working-class communities, my trade market. In 1962, when the Trade Assist- workers who have to make the shift to a more district suffered severe job loss when foreign ance Act was conceived and implemented, the competitive field. competition forced major employers like US status of American workers was much dif- The safety net for outsourced jobs, which Steel, Jones Apparel and Rohm and Haas to ferent than it is today. The existing and out- consists of extended unemployment benefits, shut-down most of their operations. By 2005, dated legislation is marred with arbitrary eligi- worker training, and a health care tax credit, manufacturing employment in Bucks County bility criteria and inconsistencies as well as a was first enacted in 1962 and updated in had fallen 34 percent. The departure of manu- lack of coverage for workers in industries that 2002. This update, however, did not go far facturing jobs resulted in vacant properties, were not yet prominent. enough to bring the program up to date with abandoned buildings and contaminated land— Mr. Speaker, the Trade and Globalization current trade and labor realities. For one, the and in Bristol, Pennsylvania, crumbling roads Assistance Act of 2007, integrates all workers benefits currently extend only to workers in the and poor drainage put families at risk during a whose efforts in building our global economy manufacturing sector, despite the fact that a recent flood. But most of all, the decline in make our economy flourish within the inter- growing percentage of jobs shifted overseas manufacturing jobs decline left thousands of national system. Coverage will now be granted have been from the services sector, such as middle class workers out of a job. to workers in the service industry, which had telemarketing and financial services. Since the Mr. Speaker, the Trade and Globalization yet to significantly develop in the 1960’s, as nature of the American economy has moved Assistance Act makes substantial improve- well as secondary and offshore workers. The away from a reliance on manufacturing, it only ments to the Trade Adjustment Assistance bill eliminates restrictions, ensuring that all makes sense that workers in the services sec- Program and gives communities like mine a workers impacted by trade are covered, re- tor be eligible for the same support as indus- chance. gardless of where the factory relocated to or trial workers. Through the Manufacturing Redevelopment The bill makes a number of other changes Zone Program, this legislation will provide im- where the import competition came from. This to strengthen TAA benefits, including an in- portant tax incentives to cities and towns like legislation will also ensure automatic certifi- crease in the health care tax credit, an exten- those in my district that have suffered sub- cation for workers covered by ITC injury deter- sion of income support and training period, stantial reductions in manufacturing employ- minations, which is a major issue in the cur- and a large increase in the overall funding ment. Communities designated as manufac- rent economy in which products and tech- level to ensure that no eligible worker is turing redevelopment zones will have a sec- nologies quickly are eclipsed and job security turned away due to lack of program funds. ond-chance to revitalize their economy by at- is never ensured. Furthermore, this legislation But H.R. 3920 also takes the TAA program tracting new investments that will create fam- will work to synchronize the Trade Assistance beyond the effects on individual workers by of- ily-sustaining jobs. This program will help lift- Act certification process which is currently on fering new tax incentives for investment in dis- up some of our Nation’s poorest communities, a firm-by-firm basis. Consistency in our treat- tressed communities that have lost manufac- but it is also a chance to demonstrate our ment of workers is absolutely imperative, to turing jobs. The whole notion of worker assist- commitment to American innovation. ensure we have an equitable system which ance is meaningless without creating new jobs While towns in my district still face many protects the backbone of our Nation. for displaced employees. Targeting investment challenges, lower Bucks County has begun to The U.S. Chamber of Commerce, the into communities with an available workforce turn the comer. Over the past 5 years, we world’s largest business federation rep- would benefit employers and employees alike have worked hard attract new investment, resenting more than three million businesses and maintain vibrant towns and cities across support workforce development and improve and organizations of every size, sector, and this Nation. infrastructure. region, has urged Congress to pass this legis- Finally, this bill considers the needs of the The ongoing redevelopment at a former US lation. As representatives of America’s work- larger Federal-State unemployment insurance Steel site is an outstanding example of my ers, it is our duty to ensure that they receive (UI) system by dedicating $100 million annu- community’s potential. Through incentives and all the possible security and benefits of their ally for the States to improve UI administra- a commitment to revitalization, that site is now labor, especially in today’s unpredictable glob- tion. Additional funding for this purpose would home to a clean wind power manufacturer that al economy. This bill extends TAA job training also be available from Federal unemployment employs over 800 people. More high-tech, and health benefits to service workers who trust funds. This money would be an incentive green energy companies plan to open facilities lose their jobs due to global trade and covers for States to cover part-time, low-wage, and in the near future. We have made great more manufacturing workers. It also dramati- other workers in State UI laws. progress, but there is more work to be done. cally improves TAA health care benefits and

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\K31OC7.055 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12293 strengthens job training benefits in order to cause they, like myself, feel more confident CHAPTER 2—TRAINING, OTHER REEMPLOYMENT ensure that our workers develop the skills they that American workers harmed by trade will SERVICES, AND ALLOWANCES need to be successful in well paying jobs. This get the assistance they need to meet the new Sec. 121. Reemployment services. bill further protects American workers by cre- challenges created by a global economy. Sec. 122. Training. ating new benefits and tax incentives for in- I am proud to support H.R. 3920 the Trade Sec. 123. Job search allowances. Sec. 124. Relocation allowances. dustries and communities that have experi- and Globalization Assistance Act of 2007, and enced manufacturing job losses, promotes I encourage my colleagues to do the same. Subtitle C—General Provisions long-needed reforms in unemployment bene- Mr. ETHERIDGE. Mr. Speaker, I rise today Sec. 131. Agreements with States. fits, and strengthens notification of workers in support of H.R. 3920, the Trade and Sec. 132. Authorization of appropriations; Globalization Act of 2007. incentive payments to States. laid off in plant closing or in mass layoffs. Sec. 133. Phase-out of demonstration project This Congress has charted a New Direction Mr. Speaker, it has been over two decades for alternative trade adjust- Congress when it comes to protecting Amer- since there has been any meaningful updating ment assistance for older work- ican workers and by passing an increase in of this important legislation. Effective job train- ers. the minimum wage. We must also ensure that ing gives workers the tools they need to make Sec. 134. Wage supplement program. America remains a competitive economic the most of their employment and economic Sec. 135. Definitions. power. We must ensure that our workforce is opportunities. Sec. 136. Capacity-building grants to en- adequately skilled and provided for, not just When the first Trade Adjustment Assistance hance training for workers. the privileged few who benefit from the pros- Act was passed in 1962 the job losses ad- Subtitle D—Effective Date perity of our nation but also the labor of every- dressed by this law were mainly manufac- Sec. 141. Effective date. day Americans who ensure the continued turing jobs; today our economy faces the TITLE II—OTHER TRADE ADJUSTMENT growth of our economy. threat of job losses in the service industry as ASSISTANCE PROGRAMS AND RE- Mr. Speaker, I feel that as this country well. LATED PROVISIONS moves forward, this bill is an important first H.R. 3920 makes important updates to this Sec. 201. Technical assistance for firms. step in ensuring that it does not do so at the initiative, including provisions that close out- Sec. 202. Extension of trade adjustment as- expense of American workers. dated loopholes to make anyone who loses a sistance for firms. Mr. VAN HOLLEN. Mr. Speaker, I rise today job as a result of a factory moving overseas Sec. 203. Extension of trade adjustment as- in support of H.R. 3920, the Trade and sistance for farmers. to be eligible for Trade Adjustment Assistance. Sec. 204. Judicial review. Globalization Assistance Act of 2007. The bill doubles the training fund cap to re- Sec. 205. Termination. Growing global economic integration means train displaced workers from $220 to $440 mil- TITLE III—MISCELLANEOUS PROVISIONS the U.S. economy is more protected from do- lion dollars, makes more service industry mestic economic shocks because more people Sec. 301. Credit reduction for failures relat- workers such as customer service workers eli- ing to co-enrollment of partici- in more countries are buying American goods gible for assistance, and finally, increases the pants and program performance and services. But globalization can also Health Care Tax Credit subsidy for displaced reports. produce harmful short term affects—such as workers who have lost their healthcare cov- Sec. 302. TAA wage supplement participants when American jobs are lost as a result of erage to 85 percent. eligibility for credit for health trade. That is what H.R. 3920 is about. Mr. Speaker, this is timely and needed leg- insurance costs. H.R. 3920 helps those American workers islation. I urge my colleagues to support this Sec. 303. Special allocation under new mar- who lose their jobs by no fault of their own as bill and vote yes on H.R. 3920. kets tax credit in connection a result of trade and who need assistance in The SPEAKER pro tempore. All time with trade adjustment assist- meeting the new challenges of the changing ance. for debate on the bill has expired. Sec. 304. Expedited reemployment dem- global economy. The types of assistance pro- AMENDMENT NO. 1 OFFERED BY MR. MCCRERY, onstration projects. vided include additional training, long term AS MODIFIED Sec. 305. Increase in percentage of TAA and education, short term income support, and Mr. MCCRERY. Mr. Speaker, I offer PBGC health insurance tax health care. an amendment. credit. The bill expands trade adjustment assist- The SPEAKER pro tempore. The Sec. 306. Collection of unemployment com- ance to service workers including government Clerk will designate the amendment. pensation debts. Sec. 307. Offsets. employees who are laid off because of trade. The text of the amendment is as fol- When trade adjustment assistance started in lows: TITLE IV—WORKFORCE INVESTMENT IMPROVEMENT 1962, U.S. trade in services was not signifi- Amendment No. 1 printed in part B of Sec. 401. Short title. cant. Today, the service sector comprises House Report 110–417 offered by Mr. Sec. 402. References. more than 70 percent of the U.S. economy. MCCRERY, as modified: H.R. 3920 updates trade adjustment assist- Strike all after the enacting clause and in- Subtitle A—Amendments to Title I of the ance to account for the size and growing sig- sert the following: Workforce Investment Act of 1998 nificance of the American service sector. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 411. Definitions. The bill also expands assistance to more (a) SHORT TITLE.—This Act may be cited as Sec. 412. Purpose. manufacturing workers by eliminating restric- the ‘‘Helping American Workers Adjust to Sec. 413. State workforce investment boards. tions on what country a U.S. factory’s jobs are Globalization and Win Act’’. Sec. 414. State plan. Sec. 415. Local workforce investment areas. moved to or whether the loss of jobs are (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: Sec. 416. Local workforce investment ‘‘downstream’’ so that all workers impacted by boards. Sec. 1. Short title; table of contents. trade are covered regardless of where the fac- Sec. 417. Local plan. tory relocates or where the import competition TITLE I—TRADE ADJUSTMENT Sec. 418. Establishment of one-stop delivery came from. ASSISTANCE FOR WORKERS systems. H.R. 3920 also helps American workers Subtitle A—Petitions and Determinations Sec. 419. Eligible providers of training serv- adapt to the needs of the changing global Sec. 101. Petitions. ices. economy by enabling them to upgrade their Sec. 102. Group eligibility requirements. Sec. 420. Eligible providers of youth activi- Sec. 103. Determinations by Secretary of ties. skills. This bill doubles training assistance and Sec. 421. Youth activities. provides up to 130 weeks of additional income Labor. Sec. 104. Benefit information to workers. Sec. 422. Comprehensive programs for support for workers who require a longer edu- Sec. 105. Administrative reconsideration of adults. cational period, such as when finishing a col- determinations by Secretary of Sec. 423. Performance accountability sys- lege degree. Labor. tem. Sec. 424. Authorization of appropriations. Mr. Speaker, today the Peru Free Trade Subtitle B—Program Benefits Agreement was reported out of the Ways and Sec. 425. Job Corps. CHAPTER 1—TRADE READJUSTMENT Means Committee by a vote of 39–0. Many of Sec. 426. Native American programs. ALLOWANCES Sec. 427. Migrant and seasonal farmworker us supported the Peru FTA because of the Sec. 111. Qualifying requirements for work- programs. landmark workers rights and environmental ers. Sec. 428. Veterans’ workforce investment provisions negotiated this past May that were Sec. 112. Weekly amounts. programs. inserted in the agreement. They were also in- Sec. 113. Limitations on trade readjustment Sec. 429. Youth challenge grants. fluenced and encouraged by H.R. 3920 be- allowances. Sec. 430. Technical assistance.

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Sec. 431. Demonstration, pilot, multiservice, (b) ADVERSELY AFFECTED SECONDARY SEC. 103. DETERMINATIONS BY SECRETARY OF research and multi-State WORKERS.—Subsection (b) of such section is LABOR. projects. amended— (a) WORKERS COVERED BY CERTIFICATION.— Sec. 432. Community-based job training. (1) in paragraph (2), by striking ‘‘and’’ at Subsection (b) of section 223 of the Trade Act Sec. 433. Evaluations. the end; of 1974 (19 U.S.C. 2273) is amended— Sec. 434. National dislocated worker grants. (2) by redesignating paragraph (3) as para- (1) in the matter preceding paragraph (1), Sec. 435. Authorization of appropriations for graph (4); by striking ‘‘under this section’’ and insert- national activities. (3) by inserting after paragraph (2) the fol- ing ‘‘under subsection (a) or (d) of this sec- Sec. 436. Requirements and restrictions. lowing new paragraph: tion’’; and Sec. 437. Nondiscrimination. ‘‘(3) the sales or production, or both, of (2) in paragraph (2), to read as follows: Sec. 438. Administrative provisions. such firm or subdivision have decreased ab- ‘‘(2) after the earliest of— Sec. 439. State legislative authority. solutely; and’’; and ‘‘(A) the date that is two years after the Sec. 440. Workforce innovation in regional (4) in subparagraph (A) of paragraph (4) (as date on which certification is granted under economic development. redesignated by paragraph (2) of this sub- subsection (a); Sec. 441. General program requirements. section), by inserting at the end before the ‘‘(B) the date that is two years after the Subtitle B—Adult Education, Basic Skills, semicolon the following: ‘‘and contributed date of the earliest determination, if any, de- and Family Literacy Education importantly to the workers’ separation or nying certification under subsection (a); or Sec. 451. Table of contents. threat of separation determined under para- ‘‘(C) the termination date, if any, deter- Sec. 452. Amendment. graph (1)’’. mined under subsection (e).’’. (b) PUBLICATION OF DETERMINATION.—Sub- (c) DEFINITIONS.—Subsection (c) of such Subtitle C—Amendments to the Wagner– section (c) of such section is amended— section is amended— Peyser Act (1) by striking ‘‘his determination’’ and in- (1) in paragraph (3), by striking ‘‘, if the Sec. 461. Amendments to the Wagner-Peyser serting ‘‘a determination’’; certification of eligibility under subsection Act. (2) by inserting ‘‘and on the Website of the (a) is based on an increase in imports from, Department of Labor’’ after ‘‘in the Federal Subtitle D—Amendments to the or a shift in production to, Canada or Mex- Register’’; and Rehabilitation Act of 1973 ico’’; and (3) by striking ‘‘his reasons’’ and inserting Sec. 471. Findings. (2) by adding at the end the following new Sec. 472. Rehabilitation Services Adminis- ‘‘the Secretary’s reasons’’. paragraphs: (c) AMENDMENT TO CERTIFICATION.—Such tration. ‘‘(5) The term ‘article’ means— section is further amended— Sec. 473. Director. ‘‘(A) a tangible product subject to duty Sec. 474. Definitions. (1) by redesignating subsection (d) as sub- under the Harmonized Tariff Schedule of the section (e); and Sec. 475. State plan. United States which is not incidental to the Sec. 476. Scope of services. (2) by inserting after subsection (c) the fol- provision of a service; or lowing new subsection: Sec. 477. Standards and indicators. ‘‘(B) an intangible product, such as a dig- Sec. 478. Reservation for expanded transi- ‘‘(d) Whenever the Secretary determines, ital product (including computer programs, with respect to any certification of eligi- tion services. text, video, image and sound recordings, and Sec. 479. Client assistance program. bility of the workers of a firm or subdivision similar products), that would be subject to of the firm, and subject to such regulations Sec. 480. Protection and advocacy of indi- duty under the Harmonized Tariff Schedule vidual rights. as the Secretary may prescribe, that good of the United States if the intangible prod- cause exists to amend such certification, the Sec. 481. Chairperson. uct were embodied in a physical medium and Sec. 482. Authorizations of appropriations. Secretary shall amend such certification and which is not incidental to the provision of a Sec. 483. Conforming amendment. promptly publish notice of such amendment service. Sec. 484. Helen Keller National Center Act. in the Federal Register and on the Website of ‘‘(6) The term ‘worker’ means— the Department of Labor together with the Subtitle E—Transition and Effective Date ‘‘(A) with respect to a firm described in reasons for making such determination.’’. Sec. 491. Transition provisions. subsection (a)— (d) TERMINATION OF CERTIFICATION.—Sub- Sec. 492. Effective date. ‘‘(i) an individual directly employed by the section (e) of such section (as redesignated TITLE I—TRADE ADJUSTMENT firm that produces an article that is the by subsection (c)(1) of this section) is amend- ASSISTANCE FOR WORKERS basis for a determination under subsection ed— (a) and who performs tasks relating to the Subtitle A—Petitions and Determinations (1) by striking ‘‘he shall’’ and inserting production of the article; or ‘‘the Secretary shall’’; SEC. 101. PETITIONS. ‘‘(ii) an individual who is under the oper- (2) by inserting ‘‘and on the Website of the Section 221(a) of the Trade Act of 1974 (19 ational control of the firm that produces an Department of Labor’’ after ‘‘in the Federal U.S.C. 2271(a)) is amended— article that is the basis for a determination Register’’; and (1) in paragraph (1), by striking ‘‘simulta- under subsection (a) pursuant to a contract (3) by striking ‘‘his reasons’’ and inserting neously with the Secretary and with the or leasing arrangement and who performs ‘‘the Secretary’s reasons’’. Governor of the State in which such work- tasks relating to the production of the arti- SEC. 104. BENEFIT INFORMATION TO WORKERS. ers’ firm or subdivision is located’’ and in- cle; Section 225(a) of the Trade Act of 1974 (19 serting ‘‘with the Secretary’’; ‘‘(B) with respect to a firm that is a sup- U.S.C. 2275(a)) is amended in the fourth sen- (2) by redesignating paragraphs (2) and (3) plier described in subsection (b)— tence by striking ‘‘the State Board for Voca- as paragraphs (3) and (4), respectively; ‘‘(i) an individual directly employed by the tional Education or equivalent agency and (3) by inserting after paragraph (1) the fol- firm that is a supplier and who performs other public or private agencies, institu- lowing new paragraph: tasks relating to the production of compo- tions, and employers, as appropriate,’’ and ‘‘(2) Upon receipt of a petition filed under nent parts for an article that is the basis for inserting ‘‘the appropriate State workforce paragraph (1), the Secretary shall promptly a determination under subsection (a); or investment board (established under section notify the Governor of the State in which ‘‘(ii) an individual who is under the oper- 111 of the Workforce Investment Act of 1998 such workers’ firm or subdivision is located ational control of the firm that is a supplier (29 U.S.C. 2821)) and State workforce agency of the filing of the petition and its con- pursuant to a contract or leasing arrange- responsible for the administration of the tents.’’; ment and who performs tasks relating to the State workforce investment program funded (4) in paragraph (3) (as redesignated by production of component parts for an article under title I of the Workforce Investment paragraph (2) of this section), by striking ‘‘a that is the basis for a determination under Act of 1998 (29 U.S.C. 2801 et seq.)’’. petition filed under paragraph (1)’’ and in- subsection (a); and serting ‘‘a notice under paragraph (2)’’; and SEC. 105. ADMINISTRATIVE RECONSIDERATION ‘‘(C) with respect to a firm that is a down- OF DETERMINATIONS BY SEC- (5) in paragraph (4) (as redesignated by stream producer described in subsection (b)— RETARY OF LABOR. paragraph (2) of this section)— ‘‘(i) an individual directly employed by the (a) IN GENERAL.—Subchapter A of chapter 2 (A) by striking ‘‘the petition’’ and insert- firm that is a downstream producer and who of title II of the Trade Act of 1974 (19 U.S.C. ing ‘‘a petition filed under paragraph (1)’’; perform tasks relating to the provision of ad- 2271 et seq.) is amended by adding at the end and ditional, value-added production processes the following new section: (B) by inserting ‘‘and on the Website of the for an article that is the basis for a deter- ‘‘SEC. 226. ADMINISTRATIVE RECONSIDERATION Department of Labor’’ after ‘‘in the Federal mination under subsection (a); or OF DETERMINATIONS BY SEC- Register’’. ‘‘(ii) an individual who is under the oper- RETARY OF LABOR. SEC. 102. GROUP ELIGIBILITY REQUIREMENTS. ational control of the firm that is a down- ‘‘(a) ADMINISTRATIVE RECONSIDERATION.— (a) IN GENERAL.—Subsection (a)(2)(B)(i) of stream producer pursuant to a contract or ‘‘(1) IN GENERAL.—A worker, group of work- section 222 of the Trade Act of 1974 (19 U.S.C. leasing arrangement and who performs tasks ers, certified or recognized union or other 2272) is amended by inserting at the end be- relating to the provision of additional, duly authorized representative of such work- fore the semicolon the following: ‘‘that con- value-added production processes for an arti- er or group of workers, or any of the individ- tributed importantly to such workers’ sepa- cle that is the basis for a determination uals or entities described in section ration or threat of separation’’. under subsection (a).’’. 221(a)(1)(C), aggrieved (or on behalf of such

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.027 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12295 workers aggrieved) by a determination of the after the worker has received the maximum (1) by inserting ‘‘under section 231(b)’’ after Secretary of Labor under section 223 denying amount of trade readjustment allowances ‘‘who is entitled to trade readjustment al- a certification of eligibility, may file a re- payable under subsection (a); lowances’’; and quest for administrative reconsideration ‘‘(2) meets the conditions described in (2) by striking ‘‘he is undergoing any such’’ with the Secretary not later than 60 days paragraphs (1) through (3) of subsection (a); and inserting ‘‘such worker is undergoing’’. after the date on which notice of the deter- and SEC. 113. LIMITATIONS ON TRADE READJUST- mination is published under section 223. ‘‘(3) is either— MENT ALLOWANCES. ‘‘(2) FAILURE TO MAKE TIMELY REQUEST.— ‘‘(A) totally unemployed and is enrolled in Section 233 of the Trade Act of 1974 (19 The failure to file a request for administra- a full-time training program approved by the U.S.C. 2293) is amended— tive reconsideration of a determination de- Secretary under section 236(a); or (1) in subsection (a)— nying a certification of eligibility under sec- ‘‘(B) partially unemployed and is enrolled (A) in paragraph (1)— tion 223 within the 60-day period described in in a full-time or part-time training program (i) by striking ‘‘The maximum amount’’ paragraph (1) shall be deemed to be a failure approved by the Secretary under section and inserting ‘‘Except as provided in para- to exhaust administrative remedies and such 236(a).’’. graph (3), the maximum amount’’; and determination shall not be subject to judi- (c) WITHHOLDING OF TRADE READJUSTMENT (ii) by striking ‘‘52’’ and inserting ‘‘39’’; cial review under section 284. ALLOWANCE PENDING BEGINNING OR RESUMP- and ‘‘(b) NOTICE, REVIEW, AND FINAL DETER- TION OF PARTICIPATION IN TRAINING PROGRAM; (B) in paragraph (3), by striking ‘‘52’’ each MINATION.— PERIOD OF APPLICABILITY.—Subsection (c) of place it appears and inserting ‘‘65’’; ‘‘(1) NOTICE.—If a request for administra- such section (as redesignated by subsection (2) by striking subsection (b); tive reconsideration of a determination of (b)(1) of this section) is amended to read as (3) by redesignating subsections (c) follows: the Secretary is filed in accordance with the through (g) as subsections (b) through (f), re- ‘‘(c) If the Secretary determines that— provisions of subsection (a), the Secretary spectively; and shall promptly publish notice thereof in the ‘‘(1) the adversely affected worker— ‘‘(A) has failed to begin participation in (4) in subsection (f) (as redesignated by Federal Register and on the Website of the the training program the enrollment in paragraph (3) of this section), by striking Department of Labor. which meets the requirement of subsection ‘‘section 236(a)(5)(D)’’ and inserting ‘‘section ‘‘(2) REVIEW OF DETERMINATION.—The Sec- (b)(3), or 236’’. retary shall initiate a review of the deter- ‘‘(B) has ceased to participate in such CHAPTER 2—TRAINING, OTHER REEM- mination of the Secretary upon filing of the training program before completing such PLOYMENT SERVICES, AND ALLOW- request for administrative reconsideration training program, and ANCES under subsection (a) and shall include an op- ‘‘(2) there is no justifiable cause for such portunity for interested persons to submit SEC. 121. REEMPLOYMENT SERVICES. failure or cessation, additional information. (a) IN GENERAL.—Section 235 of the Trade no trade readjustment allowance may be ‘‘(3) FINAL DETERMINATION.—The Secretary Act of 1974 (19 U.S.C. 2295) is amended— shall issue a final determination on the re- paid to the adversely affected worker under (1) in the heading, by striking ‘‘EMPLOY- this part for the week in which such failure, quest for administrative reconsideration not MENT’’ and inserting ‘‘REEMPLOYMENT’’; cessation, or revocation occurred, or any later than 60 days after the date on which (2) by striking ‘‘The Secretary’’ the first succeeding week, until the adversely affected the Secretary publishes notice of the request place it appears and inserting ‘‘(a) The Sec- worker begins or resumes participation in a for reconsideration pursuant to paragraph retary’’; training program approved under section (3) by striking ‘‘counseling, testing, and (1). Upon reaching a determination on a re- 236(a).’’. consideration, the Secretary shall promptly placement services, and supportive and other (d) WAIVERS OF TRAINING REQUIREMENTS.— services’’ and inserting ‘‘career counseling, publish a summary of the determination in Subsection (d) of such section (as redesig- the Federal Register and on the Website of testing and assessments, and job placement nated by subsection (b)(1) of this section) is services, and supportive and other services’’; the Department of Labor, together with the hereby repealed. reasons for making such determination. The and SEC. 112. WEEKLY AMOUNTS. (4) by adding at the end the following new requirements relating to judicial review (a) IN GENERAL.—Subsection (a) of section under section 284 shall apply to any deter- subsection: 232 of the Trade Act of 1974 (19 U.S.C. 2292) is ‘‘(b) In order to facilitate the provision of mination made by the Secretary under this amended— subsection.’’. services described in subsection (a), the Sec- (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; retary shall ensure the effective implemen- (b) CLERICAL AMENDMENT.—The table of (2) by inserting ‘‘paragraph (2) and’’ after contents in section 1 of the Trade Act of 1974 tation of the requirements of section 239(e) ‘‘Subject to’’; relating to the co-enrollment of adversely af- is amended by inserting after the item relat- (3) by redesignating paragraphs (1) and (2) ing to section 225 the following: fected workers in the dislocated worker pro- as subparagraphs (A) and (B), respectively; gram authorized under chapter 5 of subtitle ‘‘Sec. 226. Administrative reconsideration of and B of title I of the Workforce Investment Act determinations by Secretary of (4) by adding at the end the following new of 1998 (29 U.S.C. 2861 et seq.).’’. Labor.’’. paragraph: (b) CLERICAL AMENDMENT.—The table of ‘‘(2)(A) Notwithstanding section Subtitle B—Program Benefits contents in section 1 of the Trade Act of 1974 231(a)(3)(B), if an adversely affected worker CHAPTER 1—TRADE READJUSTMENT is amended by striking the heading relating who is participating in training qualifies for ALLOWANCES to part II of subchapter B of chapter 2 of unemployment insurance under State law, SEC. 111. QUALIFYING REQUIREMENTS FOR based in whole or in part upon part-time or title II of the Trade Act of 1974 and the item WORKERS. short-term employment following approval relating to section 235 of such Act and in- (a) BASIC TRADE READJUSTMENT ALLOW- of the worker’s initial trade readjustment al- serting the following: ANCE.—Subsection (a) of section 231 of the lowance application under section 231(a), ‘‘PART II—TRAINING, OTHER REEMPLOYMENT Trade Act of 1974 (19 U.S.C. 2291) is amend- then for any week for which unemployment SERVICES, AND ALLOWANCES ed— insurance is payable and for which the work- ‘‘Sec. 235. Reemployment services.’’. (1) in the matter preceding paragraph (1), er would otherwise be entitled to a trade re- by striking ‘‘60 days’’ and inserting ‘‘40 SEC. 122. TRAINING. adjustment allowance based upon the certifi- (a) IN GENERAL.—Section 236 of the Trade days’’; cation under section 223, the worker shall be (2) in paragraph (1), by striking ‘‘oc- Act of 1974 (19 U.S.C. 2296) is amended to read paid a trade readjustment allowance in the as follows: curred—’’ and all that follows and inserting amount described in subparagraph (B). ‘‘occurred during the period described in sec- ‘‘(B) The trade readjustment allowance ‘‘SEC. 236. TRAINING. tion 223(b).’’; and payable under subparagraph (A) shall be ‘‘(a) APPROVAL OF TRAINING.— (3) by striking paragraphs (4) and (5). equal to the weekly benefit amount of the ‘‘(1) IN GENERAL.—If the Secretary deter- (b) PAYMENT OF ADDITIONAL TRADE READ- unemployment insurance upon which the mines that an adversely affected worker, in- JUSTMENT ALLOWANCE.—Such section is fur- worker’s trade readjustment allowance was cluding an adversely affected worker who ther amended— initially determined under paragraph (1), re- has obtained reemployment subsequent to (1) by redesignating subsections (b) and (c) duced by— separation from the adversely affected em- as subsections (c) and (d), respectively; and ‘‘(i) the amount of the unemployment in- ployment, or an adversely affected incum- (2) by inserting after subsection (a) the fol- surance benefit payable to such worker for bent worker, meets the criteria described in lowing new subsection: that week of unemployment for which a paragraph (2), and otherwise meets the re- ‘‘(b) In addition to the payment of a trade trade readjustment allowance is payable quirements described under this section, the readjustment allowance under subsection under subparagraph (A) of this paragraph; Secretary shall approve the training pro- (a), payment of an additional trade readjust- and gram requested by the worker. Upon such ap- ment allowance shall be made to an ad- ‘‘(ii) the amounts described in subpara- proval, the worker shall be entitled to have versely affected worker who is covered by a graphs (A) and (B) of paragraph (1).’’. payment of the costs of such training (sub- certification under subchapter A and who— (b) ADVERSELY AFFECTED WORKERS WHO ject to the limitations imposed by this sec- ‘‘(1) files an application for such allowance ARE UNDERGOING TRAINING.—Subsection (b) tion) paid on the worker’s behalf by the Sec- for any week of unemployment which begins of such section is amended— retary directly or through a voucher system.

VerDate Aug 31 2005 02:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.027 H31OCPT1 cnoel on PRODPC60 with HOUSE H12296 CONGRESSIONAL RECORD — HOUSE October 31, 2007 The costs of such training shall include the General Equivalency Degree, or prerequisites may apply, the Secretary may require that costs of tuition, books, required tools, and in order to participate in a training program the adversely affected worker or the ad- fees related to education, licensing, or cer- for occupations in demand, the Secretary versely affected incumbent worker enter tification. shall approve the provision of such activities into an agreement with the Secretary under ‘‘(2) CRITERIA FOR APPROVAL OF TRAINING and provide up to $1,000 in payments for such which the Secretary will not be required to PROGRAM.—For purposes of paragraph (1), activities. Such payments shall not be in- pay under this section the portion of the training for an adversely affected worker or cluded for purposes of applying the limits on costs of such training that the worker has an adversely affected incumbent worker, payments described in subparagraph (B). reason to believe will be paid under the pro- shall be approved if the Secretary deter- ‘‘(ii) ON-THE-JOB TRAINING.—The provisions gram, or by the source, described in subpara- mines that— of subparagraphs (A) and (B) shall not be ap- graph (A) or (B) of paragraph (1). ‘‘(A) the worker needs additional market- plicable to on-the-job training programs, ex- ‘‘(e) SUPPLEMENTAL ASSISTANCE.— able skills to obtain or retain employment cept as provided in subsection (f)(2). ‘‘(1) IN GENERAL.—The Secretary may, comparable to the worker’s adversely af- ‘‘(3) DUPLICATIVE PAYMENTS PROHIBITED.— where appropriate, authorize supplemental fected employment; No payment may be made under subsection assistance necessary to defray reasonable ‘‘(B) there is a reasonable expectation of (a)(1) of the costs of training an adversely af- transportation and subsistence expenses for such employment following the completion fected worker or an adversely affected in- separate maintenance when training is pro- of the training; and cumbent worker if such costs are payable or vided in facilities that are not within com- ‘‘(C) the worker is qualified to undertake have already been paid under any other pro- muting distance of a worker’s regular place and complete the training sought. vision of Federal law. of residence. ‘‘(3) ENROLLMENT DEADLINE.— ‘‘(4) REPORT.— ‘‘(2) LIMITATIONS.—The Secretary may not ‘‘(A) IN GENERAL.—In order to receive as- ‘‘(A) IN GENERAL.—Not later than May 31 authorize— sistance under this section, a worker shall and November 30 of each year, the Secretary ‘‘(A) payments for subsistence that exceed enroll in a training program approved under shall submit to the Committee on Finance of whichever is the lesser of— paragraph (1) not later than the later of— the Senate and the Committee on Ways and ‘‘(i) the actual per diem expenses for sub- ‘‘(i) the last day of the 39th week after the Means of the House of Representatives a re- sistence; or worker’s most recent separation from ad- port on— ‘‘(ii) payments at 50 percent of the pre- versely affected employment which meets ‘‘(i) the initial allocation among States of vailing per diem allowance rate authorized the requirements of paragraphs (1) and (2) of funds for training approved under this sec- under the Federal travel regulations; or section 231(a); or tion; ‘‘(B) payments for travel expenses exceed- ‘‘(ii) the last day of the 13th week after the ‘‘(ii) any additional distributions of funds ing the prevailing mileage rate authorized week in which the Secretary issues a certifi- for training approved under this section dur- under the Federal travel regulations. cation under subchapter A covering such ing the two most recent fiscal quarters and ‘‘(f) PAYMENT OF COSTS OF ON-THE-JOB worker. cumulatively during the fiscal year; TRAINING.— ‘‘(B) EXTENSION FOR JUSTIFIABLE CAUSE.— ‘‘(iii) the amount of funds obligated and ex- ‘‘(1) IN GENERAL.—The Secretary shall pay The Secretary may grant an extension of the pended by the States to provide training ap- the costs of any on-the-job training of an ad- enrollment period described in subparagraph proved under this section during the two versely affected worker that is approved (A) for a worker if the Secretary determines most recent fiscal quarters and cumulatively under subsection (a)(l), but the Secretary that there is justifiable cause for such an ex- during the fiscal year; and may pay such costs, notwithstanding any tension. ‘‘(iv) the efforts of the Department of other provision of this section, only if— ‘‘(b) FUNDING FOR TRAINING.— Labor to ensure that each State receives an ‘‘(A) no currently employed worker is dis- ‘‘(1) ANNUAL LIMIT ON AGGREGATE PAYMENTS appropriate level of funds during the fiscal placed by such adversely affected worker (in- UNDER PROGRAM.— year to provide training approved under this cluding partial displacement such as a reduc- ‘‘(A) IN GENERAL.—The total amount of section to all eligible workers. tion in the hours of nonovertime work, payments that may be made under sub- ‘‘(B) DEFINITION.—In this paragraph, the wages, or employment benefits); section (a)(1) for any fiscal year shall not ex- term ‘fiscal quarter’ means any 3-month pe- ‘‘(B) such training does not impair existing ceed $220,000,000. riod beginning on October 1, January 1, April contracts for services or collective bar- ‘‘(B) APPORTIONMENT AMONG STATES.—The 1, or July 1 of a fiscal year. gaining agreements; Secretary shall establish a method for appor- ‘‘(c) TRAINING PROGRAMS THAT MAY BE AP- ‘‘(C) in the case of training which would be tioning among States the funds that are PROVED.—The training programs that may be inconsistent with the terms of a collective available for training under this chapter in approved under subsection (a) include— bargaining agreement, the written concur- any fiscal year. Such method may include ‘‘(1) employer-based training, including— rence of the labor organization concerned the use of formula allotments and reallot- ‘‘(A) on-the-job training; has been obtained; ments, and the establishment of a reserve ‘‘(B) customized training; and ‘‘(D) no other individual is on layoff from that is used to assist in apportioning funds ‘‘(C) apprenticeship programs registered the same, or any substantially equivalent, to those States in need of additional funding under the National Apprenticeship Act (29 job for which such adversely affected worker during the fiscal year. U.S.C. 50 et seq.); is being trained; ‘‘(2) LIMITATIONS APPLICABLE TO WORKERS.— ‘‘(2) a training program that leads to a li- ‘‘(E) the employer has not terminated the ‘‘(A) DURATION.—Subject to subparagraph cense, certificate, or degree and is linked to employment of any regular employee or oth- (C), the costs of a training program approved occupations in demand, which may include erwise reduced the work force of the em- under subsection (a)(1) for an adversely af- training provided in classroom, distance ployer with the intention of filling the va- fected worker or an adversely affected in- learning, and technology-based learning; cancy so created by hiring such adversely af- cumbent worker shall be paid under this sec- ‘‘(3) a training program that has been de- fected worker; tion for a period not to exceed four years termined by a State to be eligible to receive ‘‘(F) the job for which such adversely af- from the date the worker first enrolled in payments under section 122 of the Workforce fected worker is being trained is not being the training program. A worker may partici- Investment Act of 1998 (29 U.S.C. 2842); created in a promotional line that will in- pate in such training program during such ‘‘(4) a program of remedial education that fringe in any way upon the promotional op- period on a full-time or part-time basis. Dur- will enable a worker to obtain employment portunities of currently employed individ- ing the period of participation the worker or to enroll in a training program described uals; shall make adequate yearly progress, as de- in paragraph (2) or (3); and ‘‘(G) such training is not for the same oc- termined by the Secretary, toward the at- ‘‘(5) a training program for which all, or cupation from which the worker was sepa- tainment of a license, certificate, or degree any portion, of the costs of training the rated and with respect to which such work- pursuant to such training program in order worker are paid— er’s group was certified pursuant to section to remain eligible for assistance under this ‘‘(A) under any Federal or State program 222; section. other than this chapter; or ‘‘(H) the employer is provided reimburse- ‘‘(B) AMOUNT.—Subject to subparagraph ‘‘(B) from any source other than this sec- ment of not more than 50 percent of the wage (C), the payments for a training program tion. rate of the participant, for the cost of pro- under subsection (a)(1) for a worker may not ‘‘(d) SHARING OF COSTS.— viding the training and additional super- exceed $4,000 for any one-year period, or a ‘‘(1) IN GENERAL.—The Secretary is not re- vision related to the training; total of $8,000 over the maximum four-year quired under subsection (a) to pay the costs ‘‘(I) the duration of such training does not period described in subparagraph (A). of any training approved under such sub- exceed 1 year; and ‘‘(C) EXCEPTIONS.— section to the extent that such costs are ‘‘(J) the employer has not received pay- ‘‘(i) LITERACY TRAINING AND PRE- paid— ment under subsection (a)(1) with respect to REQUISITES.—If the Secretary determines ‘‘(A) under any Federal or State program any other on-the-job training provided by that an adversely affected worker or an ad- other than this chapter; or such employer which failed to meet the re- versely affected incumbent worker needs lit- ‘‘(B) from any source other than this sec- quirements of subparagraphs (A), (B), (C), eracy training, English as a second language tion. (D), (E), and (F). instruction, remedial education, educational ‘‘(2) COST-SHARING AGREEMENT.—Before ap- ‘‘(2) SUPPLEMENTARY TRAINING.—An on-the- assistance to obtain a high school diploma or proving any training to which paragraph (1) job training program approved under this

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AUTHORIZATION OF APPROPRIATIONS; the limitation described in subsection tion shall provide for the administration of INCENTIVE PAYMENTS TO STATES. (b)(2)(B). the provision for reemployment services, (a) IN GENERAL.—Subsection (a) of section ‘‘(g) EFFECT OF APPROVED TRAINING ON ELI- training, and supplemental assistance under 245 of the Trade Act of 1974 (19 U.S.C. 2317) is GIBILITY FOR UNEMPLOYMENT COMPENSA- sections 235 and 236 of this Act by the same amended by striking ‘‘December 31, 2007’’ and TION.—A worker may not be determined to State agency responsible for the administra- inserting ‘‘September 30, 2012’’. be ineligible or disqualified for unemploy- tion of the State workforce investment pro- (b) INCENTIVE PAYMENTS TO STATES.—Such ment insurance or program benefits under gram funded under title I of the Workforce section is further amended by adding at the this subchapter because the individual is in Investment Act of 1998 (29 U.S.C. 2801 et seq.) end the following new subsection: training approved under subsection (a), be- and shall include such terms and conditions ‘‘(c) INCENTIVE PAYMENTS TO STATES.—If, cause of leaving work which is not com- as are established by the Secretary in con- in the last quarter of any fiscal year, the parable employment to enter such training, sultation with the States and set forth in Secretary determines that the amount of or because of the application to any such such agreement.’’; funds needed to make payments for the costs week in training of provisions of State law (2) in the second sentence, by striking of training under this chapter for such fiscal or Federal unemployment insurance law re- ‘‘Any agency’’ and inserting ‘‘The agency’’; year will not reach the amount of the limita- lating to availability for work, active search and tion described in section 236(b)(1)(A) and for work, or refusal to accept work. (3) by adding at the end the following new funds appropriated to make payments for the ‘‘(h) DEFINITION.—In this section, the term sentence: ‘‘The terms and conditions set costs of such training remain available for ‘customized training’ means training that forth in the agreement shall include at a obligation, the Secretary may use not more is— minimum that— than an amount equal to five percent of the ‘‘(1) designed to meet the special require- ‘‘(1) adversely affected workers applying amount of the limitation described in such ments of an employer or group of employers; for assistance under this chapter shall be co- section 236(b)(1)(A) to award funds to States ‘‘(2) conducted with a commitment by the enrolled in the dislocated worker program that the Secretary determines have dem- employer or group of employers to employ authorized under chapter 5 of subtitle B of onstrated exemplary performance in car- an individual upon successful completion of title I of the Workforce Investment Act of rying out the program under this chapter the training; and 1998 (29 U.S.C. 2861 et seq.); and with respect to exceeding the performance ‘‘(3) for which the employer pays for a sig- ‘‘(2) the services provided under this chap- levels established pursuant to section 239(h) nificant portion of the cost of such training, ter shall be administered through the one- and with respect to such other factors as the as determined by the Secretary.’’. stop delivery system established under title Secretary determines appropriate. Such (b) CONFORMING AMENDMENTS.—Part II of I of such Act (29 U.S.C. 2801 et seq.).’’. funds shall be available to the States for the subchapter B of chapter 2 of title II of the (c) COOPERATING STATE AGENCY.—Sub- purpose of enhancing the administration of Trade Act of 1974 (19 U.S.C. 2295 et seq.) is section (f) of such section is amended— the program which may include improve- amended— (1) in paragraph (2), by adding ‘‘and’’ at the ments to management information systems, (1) in section 237(b)(2), by striking ‘‘section end; targeted outreach, staff training, and en- 236(b)(1) and (2)’’ and inserting ‘‘section 236’’; (2) by striking paragraph (3); hanced services to participants.’’. and (3) by redesignating paragraph (4) as para- (c) CONFORMING AND CLERICAL AMEND- (2) in subsections (b)(1) and (c)(2) of section graph (3); and MENTS.— 238, by striking ‘‘section 236(b)(1) and (2)’’ (4) in paragraph (3) (as redesignated by (1) CONFORMING AMENDMENT.—Such section each place it appears and inserting ‘‘section paragraph (3) of this subsection), by striking is further amended in the heading by insert- 236’’. ‘‘suitable’’. ing before the period at the end the fol- (d) PERFORMANCE ACCOUNTABILITY.—Such SEC. 123. JOB SEARCH ALLOWANCES. lowing: ‘‘; INCENTIVE PAYMENTS TO section is further amended by adding at the Section 237(a)(2) of the Trade Act of 1974 (19 STATES’’. end the following new subsection: U.S.C. 2297(a)(2)) is amended— (2) CLERICAL AMENDMENT.—The table of ‘‘(h) PERFORMANCE ACCOUNTABILITY.— (1) in subparagraph (B), by striking ‘‘suit- contents in section 1 of the Trade Act of 1974 ‘‘(1) IN GENERAL.—Any agreement entered is amended by striking the item relating to able’’ and inserting ‘‘comparable’’; and into under this section shall include per- (2) in subparagraph (C)(ii), by striking ‘‘, section 245 and inserting the following: formance measures that the cooperating ‘‘Sec. 245. Authorization of appropriations; unless the worker received a waiver under State or State agency is expected to achieve section 231(c)’’. incentive payments to States.’’. with respect to the program carried out SEC. 133. PHASE-OUT OF DEMONSTRATION SEC. 124. RELOCATION ALLOWANCES. under this chapter. The performance meas- Section 238(a)(2) of the Trade Act of 1974 (19 PROJECT FOR ALTERNATIVE TRADE ures shall consist of indicators of perform- ADJUSTMENT ASSISTANCE FOR U.S.C. 2298(a)(2)) is amended— ance and levels of performance applicable to OLDER WORKERS. (1) in subparagraph (B), by striking ‘‘suit- each indicator. Section 246(b)(1) of the Trade Act of 1974 (19 able’’ and inserting ‘‘comparable’’; ‘‘(2) INDICATORS OF PERFORMANCE.—The in- U.S.C. 2318(b)(1)) is amended by striking ‘‘the (2) in subparagraph (D)— dicators of performance shall be— date that is 5 years after the date under (A) in the heading, by striking ‘‘SUITABLE’’ ‘‘(A) entry into employment; which such program is implemented by the and inserting ‘‘OUT-OF-AREA’’; and ‘‘(B) retention in employment; State’’ and inserting ‘‘September 30, 2008’’. (B) in clause (i) to read as follows: ‘‘(C) average earnings; and SEC. 134. WAGE SUPPLEMENT PROGRAM. ‘‘(i) has obtained employment affording a ‘‘(D) such other indicators as the Secretary (a) IN GENERAL.—Chapter 2 of title II of the reasonable expectation of long-term dura- determines are appropriate. Trade Act of 1974 (19 U.S.C. 2271 et seq.) is tion in the area in which the worker wishes ‘‘(3) LEVELS OF PERFORMANCE.—The levels amended by inserting after section 246 the to relocate and which provides wages that of performance for each State for the indica- following new section: are substantially greater than the wages for tors of performance described in paragraph ‘‘SEC. 246A. WAGE SUPPLEMENT PROGRAM. the employment that is likely to be avail- (2) shall be determined by the Secretary, ‘‘(a) ESTABLISHMENT.—Beginning on Octo- able to the worker in the area from which after consultation with the State. ber 1, 2008, the Secretary shall establish a the worker would be relocating; and’’; and ‘‘(4) PERFORMANCE REPORTING.—Any agree- program to provide the benefits described in (3) in subparagraph (E)(ii), by striking ‘‘, ment shall also include a requirement that subsection (b) to an adversely affected work- unless the worker received a waiver under the State annually report to the Secretary er who meets the eligibility criteria de- section 231(c)’’. the level of performance achieved with re- scribed in subsection (c), including the re- Subtitle C—General Provisions spect to each indicator under the program quirement that such worker be employed for SEC. 131. AGREEMENTS WITH STATES. carried out under this chapter in the pre- the minimum number of hours per week de- (a) IN GENERAL.—Subsection (a) of section ceding fiscal year, and the State shall sub- scribed in subsection (c)(3). 239 of the Trade Act of 1974 (19 U.S.C. 2311) is mit such additional reports regarding the ‘‘(b) BENEFITS.— amended— performance of programs as the Secretary ‘‘(1) AMOUNT OF PAYMENTS.—A State shall (1) in the matter preceding clause (1), by may require. The Secretary shall make the use the funds provided to the State under striking ‘‘any State agency’’ and inserting information contained in the annual reports section 241 to pay an hourly wage supple- ‘‘a State agency’’; available to the general public through pub- ment to an eligible adversely affected work- (2) in clause (2), to read as follows: ‘‘(2) in lication on the Website of the Department of er for a period not to exceed 2 years, in an accordance with subsections (e) and (f), will Labor and other appropriate methods and amount equal to the difference, if any (but afford adversely affected workers testing and shall provide copies of the reports to the not less than zero) resulting from sub- assessments, career counseling, referral to Committee on Ways and Means of the House tracting the amount described in paragraph training and job search programs, and job of Representatives and the Committee on Fi- (2)(B) from the amount described in para- placement services, and’’; nance of the Senate. The Secretary shall also graph (2)(A).

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‘‘(2) FACTORS.—(A) For purposes of para- ‘‘SEC. 250. CAPACITY-BUILDING GRANTS TO EN- ‘‘(i) mass layoffs at firms that are believed graph (1), the amount described in this sub- HANCE TRAINING FOR WORKERS. to employ a large number of adversely af- paragraph is the sum of— ‘‘(a) IN GENERAL.—The Secretary may fected workers; ‘‘(i) whichever is the highest of— award grants to eligible entities described in ‘‘(ii) imminent closure or relocation of fa- ‘‘(I) the hourly minimum wage that is ap- subsection (b) to temporarily increase the cilities that are believed to employ a large plicable to a worker under the Fair Labor capacity of such entities, through the activi- number of adversely affected workers; and Standards Act of 1938 (29 U.S.C. 201 et seq.), ties authorized under subsection (c), to pro- ‘‘(iii) prevailing labor market conditions or if such worker is exempt under section 13 vide training to workers as provided for in that may have an immediate, measurable ad- of such Act (29 U.S.C. 213), the hourly min- section 236. verse employment impact on the employ- ‘‘(b) ELIGIBLE ENTITIES.—An eligible entity imum wage that would be applicable if sec- ment of adversely affected workers. referred to in subsection (a) is— tion 6(a)(1) of such Act (29 U.S.C. 206(a)(1)) ‘‘(B) A description of the number of train- ‘‘(1) a community college (as such term is were applied; or ing slots currently available to adversely af- defined in section 202(a)(2) of the Carl D. Per- ‘‘(II) the applicable State or local hourly fected workers and adversely affected incum- kins Vocational and Applied Technology minimum wage; and bent workers, and the number of proposed Education Amendments of 1998 (20 U.S.C. ‘‘(ii) $2.40. additional slots to be made available using 2371(a)(2)) that provides training for occupa- ‘‘(B) For purposes of paragraph (1), the funds under the grant. tions in demand; or amount described in this subparagraph is the ‘‘(C) A description of the potential number ‘‘(2) a provider of training for occupations hourly wage actually paid to such worker. of adversely affected workers and adversely in demand that is eligible to receive funds ‘‘(3) HEALTH INSURANCE ELIGIBILITY.—A affected incumbent workers in the local area under section 122 of the Workforce Invest- worker described in subsection (c) who is who would be able to access increased train- ment Act of 1998 (29 U.S.C. 2842). participating in the program established ing slots. ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible under subsection (a) is eligible to receive, for entity that is awarded a grant under this ‘‘(D) A description of the commitment a period not to exceed 2 years, a credit for section shall utilize funds under the grant to made by local employers, labor organiza- health insurance costs to the extent provided expand available training slots and prepare tions, and other public or private organiza- under section 35 of the Internal Revenue adversely affected workers and adversely af- tions to assist in the development of training Code of 1986. fected incumbent workers under this chapter and related curricula for the benefit of ad- ‘‘(c) ELIGIBILITY FOR WAGE SUPPLEMENT.— for occupations in demand by conducting versely affected workers and adversely af- A worker in a group that the Secretary has such activities as the Secretary may author- fected incumbent workers. certified as eligible to apply for adjustment ize, including— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— assistance under section 223 may elect to re- ‘‘(1) the development of education and There are authorized to be appropriated to ceive the benefits described in subsection (b) carry out this section $50,000,000 for each of if such worker— training curricula, which may be developed fiscal years 2008 through 2012.’’. ‘‘(1) is covered by a certification under sub- in consultation with employers of incumbent chapter A of this chapter; workers, local workforce investment boards (b) CLERICAL AMENDMENT.—The table of ‘‘(2) meets the requirements of paragraphs (as defined in section 117 of the Workforce contents in section 1 of the Trade Act of 1974 (1) and (2) of section 231(a)); Investment Act of 1998 (29 U.S.C. 2832)), labor is amended by inserting after the item relat- ‘‘(3) is employed for an average of at least organizations that represent individuals cur- ing to section 249 the following: 30 hours per week, which may include em- rently employed in occupations in demand for the local area, regional economic devel- ‘‘Sec. 250. Capacity-building grants to en- ployment as part of an apprenticeship pro- hance training for workers.’’. gram registered under the National Appren- opment agencies, one-stop operators (as de- ticeship Act (20 U.S.C. 50 et seq.); fined in section 101(29) of such Act (29 U.S.C. Subtitle D—Effective Date 2801(29)), community-based organizations, or ‘‘(4) does not return to the employment SEC. 141. EFFECTIVE DATE. from which the worker was separated; and any other public or private entity that is The amendments made by this title shall ‘‘(5) has not received any payments under likely to employ or facilitate the employ- take effect beginning 90 days after the date section 246 while covered under the same cer- ment of adversely affected workers in occu- of the enactment of this Act. tification as described in paragraph (1). pations in demand; ‘‘(2) the hiring of additional faculty and ‘‘(d) EFFECT ON OTHER BENEFITS.—A work- TITLE II—OTHER TRADE ADJUSTMENT AS- staff; er receiving payments under this section SISTANCE PROGRAMS AND RELATED ‘‘(3) the acquisition of new equipment or shall not be eligible to receive other benefits PROVISIONS under this chapter except for training assist- the upgrading of existing equipment, which ance provided under section 236 (provided shall be necessary to facilitate the teaching SEC. 201. TECHNICAL ASSISTANCE FOR FIRMS. that such worker otherwise meets the re- of job skills to adversely affected workers Section 253 of the Trade Act of 1974 (19 quirements of section 236) or the assistance and adversely affected incumbent workers; U.S.C. 2343) is amended by adding at the end described in subsection (b)(3). A worker may and the following new subsections: ‘‘(4) the development of a program to pro- receive payments under this section during ‘‘(c)(1) Any grant made under subsection vide on-the-job training experiences for ad- breaks in training that exceed the period de- (b)(3) shall include performance measures versely affected workers in coordination scribed in section 233(e) if the worker other- that an intermediary organization is ex- with local employers that have committed wise meets the requirements of this sec- pected to achieve with respect to the pro- to employ adversely affected workers fol- tion.’’. gram carried out under this chapter. The (b) CLERICAL AMENDMENT.—The table of lowing successful completion of the program. performance measures shall consist of indi- contents in section 1 of the Trade Act of 1974 ‘‘(d) APPLICATION.— cators of performance described in paragraph is amended by inserting after the item relat- ‘‘(1) REQUESTS FOR APPLICATIONS.— (2) and levels of performance described in ing to section 246 the following: ‘‘(A) BY THE SECRETARY.—In each fiscal paragraph (3) applicable to each such indi- ‘‘Sec. 246A. Wage supplement program.’’. year, and at such times as the Secretary cator of performance. SEC. 135. DEFINITIONS. may determine, the Secretary may request Section 247 of the Trade Act of 1974 (19 applications from eligible entities to carry ‘‘(2) The indicators of performance referred U.S.C. 2319) is amended by adding at the end out activities authorized under this section. to in paragraph (1) are the following: the following new paragraphs: ‘‘(B) BY AN ELIGIBLE ENTITY.—At any time, ‘‘(A) The extent to which outreach efforts ‘‘(18) The term ‘comparable employment’ and in such form and manner as the Sec- effectively apprise import-impacted firms means, with respect to a worker, work of a retary may prescribe, an eligible entity may likely to benefit from the program about re- substantially equal or higher skill level than recommend that the Secretary initiate a re- sources available under the program. the worker’s past adversely affected employ- quest for capacity building grant applica- ‘‘(B) The extent to which firms receiving ment, and wages for such work at not less tions if the eligible entity believes that adjustment assistance under section 252 than 80 percent of the worker’s average there has been or will be a sudden and sig- meet or exceed targets to retain or create weekly wage. nificant shortage of training slots available employment. ‘‘(19) The term ‘adversely affected incum- to adversely affected workers and adversely ‘‘(C) The percentage of workers totally or bent worker’ means a worker who is a mem- affected incumbent workers in a local area. partially separated from employment that ber of a group of workers who have been cer- ‘‘(2) INFORMATION REQUIRED FOR APPLICA- have returned to work or returned to their tified as eligible to apply for adjustment as- TION.—To be eligible to receive a grant under previous level of employment. sistance under subchapter A and who has not this section, an applicant shall provide to ‘‘(D) The extent to which firms receiving been separated from adversely affected em- the Secretary the following information in adjustment assistance under section 252 ployment.’’. the application: meet or exceed targets for maintaining or in- creasing sales or production. SEC. 136. CAPACITY-BUILDING GRANTS TO EN- ‘‘(A) A description of the factors in a local HANCE TRAINING FOR WORKERS. area that have resulted or may result in a ‘‘(E) Such other indicators of performance (a) IN GENERAL.—Chapter 2 of title II of the significant increase in demand for training as the Secretary may determine are appro- Trade Act of 1974 (19 U.S.C. 2271 et seq.) is slots by adversely affected workers and ad- priate. amended by adding at the end the following versely affected incumbent workers, which ‘‘(3) The levels of performance referred to new section: may include— in paragraph (1) shall be determined by the

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Secretary, after consultation with the inter- (b) EFFECTIVE DATE.—The amendments (d) SUBSIDIZED COVERAGE.—Subparagraph mediary organization. In reviewing an inter- made by subsection (a) shall take effect be- (B) of section 35(f)(1) of such Code is amend- mediary organization’s levels of perform- ginning 90 days after the date of the enact- ed— ance, the Secretary shall take into consider- ment of this Act. (1) by inserting ‘‘or an eligible TAA wage ation economic conditions affecting the re- SEC. 205. TERMINATION. supplement recipient’’ after ‘‘eligible alter- gion served by the organization that may af- Section 285 of the Trade Act of 1974 (19 native TAA recipient’’ in the matter pre- fect that performance. U.S.C. 2271 note) is amended by striking ‘‘De- ceding clause (i), and ‘‘(4)(A) Any grant made under subsection cember 31, 2007’’ each place it appears and in- (2) by inserting ‘‘OR ELIGIBLE TAA WAGE (b)(3) shall also include a requirement that serting ‘‘September 30, 2012’’. SUPPLEMENT RECIPIENTS’’ after ‘‘ELIGIBLE AL- the intermediary organization submit to the TITLE III—MISCELLANEOUS PROVISIONS TERNATIVE TAA RECIPIENTS’’ in the heading. DVANCE AYMENT OF Secretary a report on an annual basis on the SEC. 301. CREDIT REDUCTION FOR FAILURES RE- (e) A P HCTC.—Para- levels of performance achieved with respect LATING TO CO-ENROLLMENT OF graph (1) of section 7527(d) of such Code is to each indicator of performance under the PARTICIPANTS AND PROGRAM PER- amended by striking ‘‘or an eligible alter- program carried out under this chapter in FORMANCE REPORTS. native TAA recipient (as defined in section the preceding fiscal year, and such addi- (a) IN GENERAL.—Paragraph (3) of section 35(c)(3))’’ and inserting ‘‘, an eligible alter- tional reports regarding such indicators of 3302(c) of the Internal Revenue Code of 1986 is native TAA recipient (as defined in section performance as the Secretary may require. amended— 35(c)(3)), or an eligible TAA wage supplement ‘‘(B) The Secretary shall make the infor- (1) by striking ‘‘(3) If’’ and inserting ‘‘(3) recipient (as defined in section 35(c)(5))’’. mation contained in the reports described in (A) Except as provided in subparagraph (B), (f) EFFECTIVE DATE.—The amendments subparagraph (A) available to the general if’’, made by this section shall apply to taxable public through publication on the Website of (2) by redesignating subparagraphs (A) and years beginning after December 31, 2007. the Economic Development Administration (B) as clauses (i) and (ii), respectively, and SEC. 303. SPECIAL ALLOCATION UNDER NEW (3) by adding at the end the following new MARKETS TAX CREDIT IN CONNEC- and other appropriate methods. The Sec- TION WITH TRADE ADJUSTMENT AS- retary shall provide copies of the reports de- subparagraph: ‘‘(B) If the Secretary of Labor determines SISTANCE. scribed in subparagraph (A) to the Com- (a) IN GENERAL.—Section 45D of the Inter- that a State, or State agency, failed to meet mittee on Ways and Means of the House of nal Revenue Code of 1986 is amended by re- the requirements of subsections (e)(1) (relat- Representatives and the Committee on Fi- designating subsection (i) as subsection (j) ing to the co-enrollment of participants) or nance of the Senate. and by inserting after subsection (h) the fol- (h)(3) (relating to the submission of reports ‘‘(C) The Secretary shall also publish on lowing new subsection: on program performance) of section 239 of the Website of the Economic Development ‘‘(i) SPECIAL ALLOCATIONS IN CONNECTION the Trade Act of 1974, the Secretary of Labor Administration a list that identifies those WITH TRADE ADJUSTMENT ASSISTANCE.— may direct that, in the case of a taxpayer intermediary organizations that fail to sub- ‘‘(1) ALLOCATIONS.—The new markets tax mit reports to the Secretary in accordance subject to the unemployment compensation credit limitation otherwise determined law of such State, the total credits (after ap- with subparagraph (A) on a timely basis or under subsection (f)(1) shall be increased by plying subsections (a) and (b) and paragraphs fail to submit accurate reports to the Sec- an amount equal to $500,000,000 for 2008 to be (1) and (2) of this section) otherwise allow- retary in accordance with subparagraph (A). allocated among qualified community devel- able under this section for a year during ‘‘(d) At least once every three years, the opment entities to make capital or equity which such State or agency fails to meet Secretary shall provide for an independent investments in, or loans to, qualified TAA those requirements shall (in lieu of reduction evaluation of each intermediary organiza- businesses. under subparagraph (A)) be reduced by 3 per- tion receiving assistance under this section ‘‘(2) RESTRICTION ON DESIGNATION.—A quali- cent of the tax imposed with respect to to assess the intermediary organization’s fied community development entity receiv- wages paid by such taxpayer during such performance and contribution toward reten- ing an allocation under paragraph (1) may year which are attributable to such State.’’. tion and creation of employment. The pur- (b) EFFECTIVE DATE.—The amendments not use such allocation to designate any pose of the evaluations shall be to determine made by this section shall apply with respect qualified equity investment under subsection which intermediary organizations are per- to taxable years beginning after September (b)(1)(C) unless substantially all of such in- forming well and merit continued assistance 30, 2008. vestment is used for the purpose described in under this section and which intermediary SEC. 302. TAA WAGE SUPPLEMENT PARTICIPANTS paragraph (1). organizations should not receive continued ELIGIBILITY FOR CREDIT FOR ‘‘(3) QUALIFIED TAA BUSINESSES.—For pur- assistance under this section, so that other HEALTH INSURANCE COSTS. poses of this subsection— universities and intermediary organizations (a) ELIGIBILITY.—Paragraph (1) of section ‘‘(A) IN GENERAL.—The term ‘qualified TAA that have not previously received assistance 35(c) of the Internal Revenue Code of 1986 is business’ means, with respect to any taxable under this section may participate in the amended by striking ‘‘and’’ at the end of sub- year— program carried out under this chapter.’’. paragraph (B), by striking the period at the ‘‘(i) any qualified active low-income com- SEC. 202. EXTENSION OF TRADE ADJUSTMENT AS- end of subparagraph (C) and inserting ‘‘, munity business (as defined in subsection SISTANCE FOR FIRMS. and’’ , and by adding after subparagraph (C) (d)(2)) which meets the requirements of Section 256(b) of the Trade Act of 1974 (19 the following: clause (i) or (ii) of subparagraph (B) for such U.S.C. 2346(b)) is amended— ‘‘(D) an eligible TAA wage supplement re- taxable year, and (1) by striking ‘‘and $4,000,000’’ and insert- cipient.’’. ‘‘(ii) any specified TAA business. ing ‘‘$4,000,000’’; and (b) ELIGIBLE TAA WAGE SUPPLEMENT RE- ‘‘(B) SPECIFIED TAA BUSINESS.—The term (2) by inserting after ‘‘October 1, 2007,’’ the CIPIENT DEFINED.—Subsection (c) of section ‘specified TAA business’ means, with respect following: ‘‘$15,000,000 for the 9-month period 35 of such Code is amended by adding after to any taxable year, any corporation (includ- beginning on January 1, 2008, and $19,000,000 paragraph (4) the following: ing a nonprofit corporation) or partnership for each of the fiscal years 2009 through ‘‘(5) ELIGIBLE TAA WAGE SUPPLEMENT RE- if— 2012,’’. CIPIENT.—The term ‘eligible TAA wage sup- ‘‘(i) not less than 40 percent of the individ- plement recipient’ means, with respect to SEC. 203. EXTENSION OF TRADE ADJUSTMENT AS- uals hired by such entity during such taxable SISTANCE FOR FARMERS. any month, any individual who— year were eligible TAA recipients (as defined Section 298(a) of the Trade Act of 1974 (19 ‘‘(A) is a worker described in section in section 35(c)(2)) or eligible alternative U.S.C. 2401g(a)) is amended by adding at the 246A(c) of the Trade Act of 1974 who is par- TAA recipients (as defined in section 35(c)(3)) ticipating in the wage supplement program end the following new sentence: ‘‘There are with respect to any month beginning during established under section 246A(a) of such authorized to be appropriated to the Depart- the 1-year period ending on the hiring date Act, and ment of Agriculture to carry out this chap- (as defined in section 51(d)) of such indi- ‘‘(B) is receiving a benefit for such month ter $81,000,000 for the 9-month period begin- vidual, under section 246A(b) of such Act. ning on January 1, 2008, and $90,000,000 for ‘‘(ii) such entity is certified by the Sec- An individual shall continue to be treated as each of the fiscal years 2009 through 2012.’’. retary of Commerce as eligible to apply for an eligible TAA wage supplement recipient adjustment assistance under chapter 3 of SEC. 204. JUDICIAL REVIEW. during the first month that such individual title II of the Trade Act of 1974 with respect (a) IN GENERAL.—Section 284(a) of the would otherwise cease to be an eligible TAA to any portion of the taxable year in which Trade Act of 1974 (19 U.S.C. 2395(a)) is amend- wage supplement recipient by reason of the the investment or loan referred to in para- ed in the first sentence— preceding sentence.’’. graph (1) is made, and (1) by striking ‘‘or authorized representa- (c) QUALIFIED HEALTH INSURANCE.—Sub- tive’’ and inserting ‘‘or other duly author- paragraph (J) of section 35(e)(1) of such Code ‘‘(iii) the Secretary determines that such ized representative’’; is amended by striking ‘‘or’’ at the end of entity will utilize the assistance provided (2) by striking ‘‘aggrieved’’ and inserting ‘‘, clause (ii), by striking the period at the end pursuant to this section in a manner con- or any of the individuals or entities de- of clause (iii) and inserting ‘‘, or’’ , and by sistent with the purposes of subsection scribed in section 221(a)(1)(C), aggrieved (or inserting after clause (iii) the following: (d)(2)(A). on behalf of such workers aggrieved)’’; and ‘‘(iv) in the case of an eligible TAA wage The requirement of clause (i) shall be treated (3) by striking ‘‘section 223’’ and inserting supplement recipient, the benefit described as satisfied for any taxable year if such ‘‘section 226’’. in subsection (c)(5)(B).’’. clause would be satisfied if all individuals

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.027 H31OCPT1 cnoel on PRODPC60 with HOUSE H12300 CONGRESSIONAL RECORD — HOUSE October 31, 2007 hired by such entity during such taxable years, subject to extension upon request of part of the person who made the overpay- year and all preceding taxable years which the Governor of the State involved for such ment; are not before the taxable year in which the additional period as the Secretary of Labor ‘‘(ii) subsection (c) with respect to past-due investment or loan referred to in paragraph may agree to, except that in no event may a support; and (1) was made were taken into account. demonstration project under this section be ‘‘(iii) subsection (d) with respect to any ‘‘(4) REALLOCATIONS.—Subsection (f)(3) conducted after the end of the 5-year period past-due, legally enforceable debt owed to a shall be applied separately with respect to beginning on the date of the enactment of Federal agency; and the amount of the increase under paragraph this section. ‘‘(B) before such overpayment is credited (1).’’. ‘‘(e) The Secretary of Labor shall, in the to the future liability for any Federal inter- (b) EFFECTIVE DATE.—The amendments case of any State for which an application is nal revenue tax of such person pursuant to made by this section shall apply to alloca- submitted under subsection (b)— subsection (b). tions made after December 31, 2007. ‘‘(1) notify the State as to whether such ap- If the Secretary receives notice from a State SEC. 304. EXPEDITED REEMPLOYMENT DEM- plication has been approved or denied within or States of more than one debt subject to ONSTRATION PROJECTS. 90 days after receipt of a complete applica- paragraph (1) or subsection (e) that is owed Title III of the Social Security Act (42 tion, and by a person to such State or States, any U.S.C. 501 and following) is amended by add- ‘‘(2) provide public notice of the decision overpayment by such person shall be applied ing at the end the following: within 10 days after providing notification to against such debts in the order in which such the State in accordance with paragraph (1). ‘‘DEMONSTRATION PROJECTS debts accrued. Public notice under paragraph (2) may be ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.— ‘‘SEC. 305. (a) The Secretary of Labor may provided through the Internet or other ap- enter into agreements, with States submit- No State may take action under this sub- propriate means. Any application under this section until such State— ting an application described in subsection section that has not been approved within ‘‘(A) notifies the person owing the covered (b), for the purpose of allowing such States such 90 days shall be treated as denied. unemployment compensation debt that the to conduct demonstration projects to test ‘‘(f) The Secretary of Labor may terminate State proposes to take action pursuant to and evaluate measures designed— a demonstration project under this section if this section; ‘‘(1) to expedite, such as through the use of the Secretary determines that the State has ‘‘(B) provides such person at least 60 days a wage insurance program, the reemploy- not complied with the terms and conditions to present evidence that all or part of such ment of individuals who establish initial eli- of the project.’’. liability is not legally enforceable; gibility for unemployment compensation SEC. 305. INCREASE IN PERCENTAGE OF TAA AND ‘‘(C) considers any evidence presented by under the State law of such State; or PBGC HEALTH INSURANCE TAX such person and determines that an amount ‘‘(2) to improve the effectiveness of such CREDIT. of such debt is legally enforceable; and State in carrying out its State law. (a) IN GENERAL.—Subsection (a) of section ‘‘(D) satisfies such other conditions as the ‘‘(b) The Governor of any State desiring to 35 of the Internal Revenue Code of 1986 is Secretary may prescribe to ensure that the conduct a demonstration project under this amended by striking ‘‘65 percent’’ and insert- determination made under subparagraph (C) section shall submit an application to the ing ‘‘70 percent’’. is valid and that the State has made reason- Secretary of Labor at such time, in such (b) CONFORMING AMENDMENT.—Subsection able efforts to obtain payment of such cov- manner, and including such information as (b) of section 7527 of such Code is amended by ered unemployment compensation debt. the Secretary of Labor may require. Any striking ‘‘65 percent’’ and inserting ‘‘70 per- ‘‘(4) COVERED UNEMPLOYMENT COMPENSA- such application shall, at a minimum, in- cent’’. TION DEBT.—For purposes of this subsection, (c) EFFECTIVE DATE.—The amendments clude— the term ‘covered unemployment compensa- made by this section shall apply to months ‘‘(1) a general description of the proposed tion debt’ means— beginning after December 31, 2007, in taxable demonstration project, including the author- ‘‘(A) a past-due debt for erroneous payment years ending after such date. ity (under the laws of the State) for the of unemployment compensation which has measures to be tested, as well as the period SEC. 306. COLLECTION OF UNEMPLOYMENT COM- become final under the law of a State cer- PENSATION DEBTS. of time during which such demonstration tified by the Secretary of Labor pursuant to (a) IN GENERAL.—Section 6402 of the Inter- project would be conducted; section 3304 and which remains uncollected; nal Revenue Code (relating to authority to ‘‘(2) if a waiver under subsection (c) is re- ‘‘(B) contributions due to the unemploy- make credits or refunds) is amended by re- quested, the specific aspects of the project to ment fund of a State for which the State has designating subsections (f) through (k) as which the waiver would apply and the rea- determined the person to be liable; and subsections (g) through (l), respectively, and sons why such waiver is needed; ‘‘(C) any penalties and interest assessed on by inserting after subsection (e) the fol- ‘‘(3) a description of the goals and the ex- such debt. lowing new subsection: pected programmatic outcomes of the dem- ‘‘(5) REGULATIONS.— ‘‘(f) COLLECTION OF UNEMPLOYMENT COM- onstration project, including how the project ‘‘(A) IN GENERAL.—The Secretary may PENSATION DEBTS.— would contribute to the objective described issue regulations prescribing the time and in subsection (a)(1), subsection (a)(2), or ‘‘(1) IN GENERAL.—Upon receiving notice from any State that a named person owes a manner in which States must submit notices both; of covered unemployment compensation debt covered unemployment compensation debt ‘‘(4) assurances (accompanied by sup- and the necessary information that must be to such State, the Secretary shall, under porting analysis) that the demonstration contained in or accompany such notices. The such conditions as may be prescribed by the project would not result in any increased net regulations may specify the minimum Secretary— costs to the State’s account in the Unem- amount of debt to which the reduction proce- ‘‘(A) reduce the amount of any overpay- ployment Trust Fund; dure established by paragraph (1) may be ap- ment payable to such person by the amount ‘‘(5) a description of the manner in which plied. of such covered unemployment compensa- the State— ‘‘(B) FEE PAYABLE TO SECRETARY.—The reg- tion debt; ‘‘(A) will conduct an impact evaluation, ulations may require States to pay a fee to ‘‘(B) pay the amount by which such over- using a control or comparison group or other the Secretary, which may be deducted from valid methodology, of the demonstration payment is reduced under subparagraph (A) amounts collected, to reimburse the Sec- project; and to such State and notify such State of such retary for the cost of applying such proce- ‘‘(B) will determine the extent to which person’s name, taxpayer identification num- dure. Any fee paid to the Secretary pursuant the goals and outcomes described in para- ber, address, and the amount collected; and to the preceding sentence shall be used to re- graph (3) were achieved; and ‘‘(C) notify the person making such over- imburse appropriations which bore all or ‘‘(6) assurances that the State will provide payment that the overpayment has been re- part of the cost of applying such procedure. any reports relating to the demonstration duced by an amount necessary to satisfy a ‘‘(C) SUBMISSION OF NOTICES THROUGH SEC- project, after its approval, as the Secretary covered unemployment compensation debt. RETARY OF LABOR.—The regulations may in- of Labor may require. If an offset is made pursuant to a joint re- clude a requirement that States submit no- ‘‘(c) The Secretary of Labor may waive any turn, the notice under subparagraph (B) shall tices of covered unemployment compensa- of the requirements of section 3304(a)(4) of include the names, taxpayer identification tion debt to the Secretary via the Secretary the Internal Revenue Code of 1986 or of para- numbers, and addresses of each person filing of Labor in accordance with procedures es- graph (1) or (5) of section 303(a), to the extent such return and the notice under subpara- tablished by the Secretary of Labor. Such and for the period the Secretary of Labor graph (C) shall include information related procedures may require States to pay a fee considers necessary to enable the State to to the rights of a spouse of a person subject to the Secretary of Labor to reimburse the carry out a demonstration project under this to such an offset. Secretary of Labor for the costs of applying section. ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay- this subsection. Any such fee shall be estab- ‘‘(d) A demonstration project under this ment by a person shall be reduced pursuant lished in consultation with the Secretary of section— to this subsection— the Treasury. Any fee paid to the Secretary ‘‘(1) may be commenced any time after ‘‘(A) after such overpayment is reduced of Labor may be deducted from amounts col- September 30, 2007; and pursuant to— lected and shall be used to reimburse the ap- ‘‘(2) may not, under subsection (b), be ap- ‘‘(i) subsection (a) with respect to any li- propriation account which bore all or part of proved for a period of time greater than 2 ability for any internal revenue tax on the the cost of applying this subsection.

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‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any (5) Subsection (i) of section 6402 of such grant subrecipients, and one-stop operators State receiving notice from the Secretary Code, as redesignated by subsection (a), is in the performance of administrative func- that an erroneous payment has been made to amended by striking ‘‘subsection (c) or (e)’’ tions and in carrying out activities under such State under paragraph (1) shall pay and inserting ‘‘subsection (c), (e), or (f)’’. this title which are not related to the direct promptly to the Secretary, in accordance (e) EFFECTIVE DATE.—The amendments provision of workforce investment services with such regulations as the Secretary may made by this section shall apply to refunds (including services to participants and em- prescribe, an amount equal to the amount of payable under section 6402 of the Internal ployers). Such costs include both personnel such erroneous payment (without regard to Revenue Code of 1986 on or after the date of and non-personnel and both direct and indi- whether any other amounts payable to such enactment of this Act. rect.’’; State under such paragraph have been paid SEC. 307. OFFSETS. (3) in paragraph (6) (as so redesignated), by to such State).’’. (a) TIME FOR PAYMENT OF CORPORATE ESTI- inserting ‘‘(or such other level as the Gov- (b) DISCLOSURE OF CERTAIN INFORMATION TO MATED TAXES.—Subparagraph (B) of section ernor may establish)’’ after ‘‘8th grade STATES REQUESTING REFUND OFFSETS FOR 401(1) of the Tax Increase Prevention and level’’; LEGALLY ENFORCEABLE STATE UNEMPLOY- Reconciliation Act of 2005 is amended by (4) in paragraph (10)(C) (as so redesig- MENT COMPENSATION DEBT.— striking ‘‘115 percent’’ and inserting ‘‘127.50 nated), by striking ‘‘not less than 50 percent (1) GENERAL RULE.—Paragraph (3) of sec- percent’’. of the cost of the training’’ and inserting ‘‘a tion 6103(a) of such Code is amended by in- (b) CUSTOMS USER FEES.—Section significant portion of the cost of training, as serting ‘‘(10),’’ after ‘‘(6),’’. 13031(j)(3)(A) of the Consolidated Omnibus determined by the local board (or, in the (2) DISCLOSURE TO DEPARTMENT OF LABOR Budget Reconciliation Act of 1985 (19 U.S.C. case of an employer in multiple local areas AND ITS AGENT.—Paragraph (10) of section 58c(j)(3)(A)) is amended by striking ‘‘October in the State, as determined by the Gov- 6103(l) of such Code is amended— 21, 2014’’ and inserting ‘‘February 17, 2015’’. ernor), taking into account the size of the (A) by striking ‘‘(c), (d), or (e)’’ each place (c) TIMEFRAME FOR MEDICARE PART A AND employer and such other factors as the local it appears in the heading and text and insert- B PAYMENTS.—Notwithstanding sections board determines to be appropriate’’; and ing ‘‘(c), (d), (e), or (f)’’, 1816(c) and 1842(c)(2) of the Social Security (5) in paragraph (11) (as so redesignated)— (B) in subparagraph (A) by inserting ‘‘, to Act or any other provision of law— (A) in subparagraph (A)(ii)(II), by striking officers and employees of the Department of (1) any payment from the Federal Hospital ‘‘section 134(c)’’ and inserting ‘‘section Labor and its agent for purposes of facili- Insurance Trust Fund under section 1817 of 121(e)’’; tating the exchange of data in connection the Social Security Act (42 U.S.C. 1395i) or (B) in subparagraph (B)(iii), by striking with a request made under subsection (f)(5) from the Federal Supplementary Medical In- ‘‘intensive services described in section of section 6402,’’ after ‘‘section 6402’’, and surance Trust Fund under section 1841 of 134(d)(3)’’ and inserting ‘‘work ready services (C) in subparagraph (B) by inserting ‘‘, and such Act (42 U.S.C. 1395t) for claims sub- described in section 134(c)(3)(M) through any agents of the Department of Labor,’’ mitted under part A or B of title XVIII of (U)’’; after ‘‘agency’’ the first place it appears. (C) in subparagraph (C), by striking ‘‘or’’ such Act for items and services furnished (3) SAFEGUARDS.—Paragraph (4) of section after the semicolon; under such part A or B, respectively, that 6103(p) of such Code is amended— (D) in subparagraph (D), by striking the pe- would otherwise be payable during the period (A) in the matter preceding subparagraph riod and inserting ‘‘; or’’; and beginning on September 22, 2012, and ending (A), by striking ‘‘(l)(16),’’ and inserting (E) by adding at the end the following: on September 30, 2012, shall be paid on the ‘‘(l)(10), (16),’’; ‘‘(E)(i) is the spouse of a member of the first business day of October 2012; and (B) in subparagraph (F)(i), by striking Armed Forces on active duty for a period of (2) no interest or late penalty shall be paid ‘‘(l)(16),’’ and inserting ‘‘(l)(10), (16),’’; and more than 30 days (as defined in section to an entity or individual for any delay in a (C) In the matter following subparagraph 101(d)(2) of title 10, United States Code) who payment by reason of the application of (f)(iii)— has experienced a loss of employment as a di- (i) in each of the first two places it ap- paragraph (1). rect result of relocation to accommodate a pears, by striking ‘‘(l)(16),’’ and inserting TITLE IV—WORKFORCE INVESTMENT permanent change in duty station of such ‘‘(l)(10), (16),’’; IMPROVEMENT member; or (ii) by inserting ‘‘(10),’’ after ‘‘paragraph SEC. 401. SHORT TITLE. ‘‘(ii) is the spouse of a member of the (6)(A),’’; and This title may be cited as the ‘‘Workforce Armed Forces on active duty who meets the (iii) in each of the last two places it ap- Investment Improvement Act of 2007’’. criteria described in paragraph (12)(B).’’; pears, by striking ‘‘(l)(16)’’ and inserting SEC. 402. REFERENCES. (6) in paragraph (12)(A) (as redesignated)— ‘‘(l)(10) or (16)’’. Except as otherwise expressly provided, (A) by striking ‘‘and’’ after the semicolon (c) EXPENDITURES FROM STATE FUND.—Sec- wherever in this title an amendment or re- and inserting ‘‘or’’; tion 3304(a)(4) of such Code is amended— peal is expressed in terms of an amendment (B) by striking ‘‘(A)’’ and inserting (1) in subparagraph (E), by striking ‘‘and’’ to, or repeal of, a section or other provision, ‘‘(A)(i)’’; and after the semicolon; the amendment or repeal shall be considered (C) by adding at the end the following: (2) in subparagraph (F), by inserting ‘‘and’’ to be made to a section or other provision of ‘‘(ii) is the dependent spouse of a member after the semicolon; and the Workforce Investment Act of 1998 (20 of the Armed Forces on active duty for a pe- (3) by adding at the end the following new U.S.C. 9201 et seq.). riod of more than 30 days (as defined in sec- subparagraph: tion 101(d)(2) of title 10, United States Code) ‘‘(G) WITH RESPECT TO AMOUNTS OF COVERED Subtitle A—Amendments to Title I of the whose family income is significantly reduced UNEMPLOYMENT COMPENSATION DEBT (AS DE- Workforce Investment Act of 1998 because of a deployment (as defined in sec- FINED IN SECTION 6402(F)(4)) COLLECTED UNDER SEC. 411. DEFINITIONS. tion 991(b) of title 10, United States Code, or SECTION 6402(F).— Section 101 (29 U.S.C. 2801) is amended— pursuant to paragraph (4) of such section), a ‘‘(i) amounts may be deducted to pay any (1) by striking paragraphs (13) and (24) and call or order to active duty pursuant to a fees authorized under such section; and redesignating paragraphs (1) through (12) as provision of law referred to in section ‘‘(ii) the penalties and interest described in paragraphs (3) through (14), and paragraphs 101(a)(13)(B) of title 10, United States Code, a section 6402(f)(4)(B) may be transferred to (14) through (23) as paragraphs (15) through permanent change of station, or the service- the appropriate State fund into which the (24), respectively; connected (as defined in section 101(16) of State would have deposited such amounts (2) by inserting after ‘‘In this title:’’ the title 38, United States Code) death or dis- had the person owing the debt paid such following new paragraphs: ability of the member; and’’; amounts directly to the State;’’. ‘‘(1) ACCRUED EXPENDITURES.—The term (7) in paragraph (13) (as so redesignated), (d) CONFORMING AMENDMENTS.— ‘accrued expenditures’ means charges in- by inserting ‘‘or regional’’ after ‘‘local’’ each (1) Subsection (a) of section 6402 of such curred by recipients of funds under this title place it appears; Code is amended by striking ‘‘(c), (d), and for a given period requiring the provision of (8) in paragraph (14) (as so redesignated)— (e),’’ and inserting ‘‘(c), (d), (e), and (f)’’. funds for goods or other tangible property re- (A) in subparagraph (A), by striking ‘‘sec- (2) Paragraph (2) of section 6402(d) of such ceived; services performed by employees, tion 122(e)(3)’’ and inserting ‘‘section 122’’; Code is amended by striking ‘‘and before contractors, subgrantees, subcontractors, and such overpayment is reduced pursuant to and other payees; and other amounts becom- (B) by striking subparagraph (B), and in- subsection (e)’’ and inserting ‘‘and before ing owed under programs assisted under this serting the following: such overpayment is reduced pursuant to title for which no current services or per- ‘‘(B) work ready services, means a provider subsections (e) and (f)’’. formance is required, such as annuities, in- who is identified or awarded a contract as (3) Paragraph (3) of section 6402(e) of such surance claims, and other benefit payments. described in section 134(c)(3);’’. Code is amended in the last sentence by in- ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- (9) in paragraph (25)— serting ‘‘or subsection (f)’’ after ‘‘paragraph ministrative costs’ means expenditures in- (A) in subparagraph (B), by striking ‘‘high- (1)’’. curred by State and local workforce invest- er of—’’ and all that follows through clause (4) Subsection (g) of section 6402 of such ment boards, direct recipients (including (ii) and inserting ‘‘poverty line for an equiva- Code, as redesignated by subsection (a), is State grant recipients under subtitle B and lent period;’’; and amended by striking ‘‘(c), (d), or (e)’’ and in- recipients of awards under subtitle D), local (B) by redesignating subparagraphs (D) serting ‘‘(c), (d), (e), or (f)’’. grant recipients, local fiscal agents or local through (F) as subparagraphs (E) through

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.028 H31OCPT1 cnoel on PRODPC60 with HOUSE H12302 CONGRESSIONAL RECORD — HOUSE October 31, 2007 (G), respectively, and inserting after sub- ‘‘(3) development and review of statewide (1) by amending paragraph (7) to read as paragraph (C) the following: policies affecting the integrated provision of follows: ‘‘(D) receives or is eligible to receive free services through the one-stop delivery sys- ‘‘(7) a description of the State criteria for or reduced price lunch under the Richard B. tem described in section 121 within the determining the eligibility of training pro- Russell National School Lunch Act (42 U.S.C. State, including— viders in accordance with section 122, includ- 1751 et seq.);’’; ‘‘(A) the development of objective criteria ing how the State will take into account the (10) in paragraph (32) by striking ‘‘the Re- and procedures for, and the issuance of, cer- performance of providers and whether the public of the Marshall Islands, the Federated tifications of one-stop centers; training programs relate to occupations that States of Micronesia,’’; and ‘‘(B) the criteria for the allocation of one- are in demand;’’; (11) by striking paragraph (33) and redesig- stop center infrastructure funding under sec- (2) in paragraph (8)— nating paragraphs (34) through (53) as para- tion 121(h), and oversight of the use of such (A) in subparagraph (A)— graphs (33) through (52), respectively. funds; (i) in clause (ix), by striking ‘‘and’’ after SEC. 412. PURPOSE. ‘‘(C) policies relating to the appropriate the semicolon; Section 106 (29 U.S.C. 2811) is amended by roles and contributions of one-stop partner (ii) by adding the following new clause inserting at the end the following: ‘‘It is also programs within the one-stop delivery sys- after clause (x): the purpose of this subtitle to provide work- tem, including approaches to facilitating eq- ‘‘(xi) programs authorized under title II of force investment activities in a manner that uitable and efficient cost allocation in the the Social Security Act (42 U.S.C. 401 et seq.) promotes the informed choice of participants one-stop delivery system, consistent with (related to Federal old-age, survivors, and and actively involves participants in obtain- section 121; disability insurance benefits), title XVI of ing training services that will increase their ‘‘(D) strategies for providing effective out- such Act (42 U.S.C. 1381 et seq.) (relating to skills and improve their employment out- reach to individuals and employers who supplemental security income), title XIX of comes.’’. could benefit from services provided through such Act (42 U.S.C. 1396 et seq.) (relating to SEC. 413. STATE WORKFORCE INVESTMENT the one-stop delivery system; and Medicaid), and title XX of such Act (42 BOARDS. ‘‘(E) strategies for technology improve- U.S.C. 1397 et seq.) (relating to block grants (a) MEMBERSHIP.— ments to facilitate access to services pro- to States for social services), programs au- (1) IN GENERAL.—Section 111(b) (29 U.S.C. vided through the one-stop delivery system, thorized under title VII of the Rehabilitation 2821(b)) is amended— in remote areas, and for individuals with dis- Act of 1973 (29 U.S.C. 796 et seq.), and pro- (A) by amending paragraph (1)(C) to read abilities, which may be utilized throughout grams carried out by State agencies relating as follows: the State; to mental retardation and developmental ‘‘(C) representatives appointed by the Gov- ‘‘(F) identification and dissemination of in- disabilities; and’’; ernor, who are— formation on best practices for effective op- (B) by amending subparagraph (B) to read ‘‘(i)(I) the lead State agency officials with eration of one-stop centers, including use of as follows: responsibility for the programs and activi- innovative business outreach, partnerships, ‘‘(B) a description of common data collec- ties that are described in section 121(b) and and service delivery strategies, including for tion and reporting processes used for the pro- carried out by one-stop partners; hard-to-serve populations; and grams and activities described in subpara- ‘‘(II) in any case in which no lead State graph (A) that are one-stop partners, includ- ‘‘(G) carrying out of such other matters as agency official has responsibility for such a ing assurances that such processes utilize may promote statewide objectives for, and program or activity, a representative in the quarterly wage records for performance enhance the performance of, the one-stop de- State with expertise relating to such pro- measures relating to entry into employment, livery system;’’; gram or activity; and retention in employment, and average earn- (3) in paragraph (4), by inserting ‘‘and the ‘‘(III) if not included under subclause (I), ings that are applicable to such programs or development of State criteria relating to the the director of the State unit, defined in sec- activities, or, if such records are not being appointment and certification of local tion 7(8)(B) of the Rehabilitation Act of 1973 used, an identification of the barriers to such boards under section 117’’ after ‘‘section 116’’; (29 U.S.C. 705(8)(B)) except that in a State use and a description of how the State will (4) in paragraph (5), by striking that has established 2 or more designated address such barriers within one year of the State units to administer the vocational re- ‘‘128(b)(3)(B) and 133(b)(3)(B)’’ and inserting approval of the plan;’’; and habilitation program, the board representa- ‘‘sections 128(b)(3) and 133(b)(3)’’; and (3) in paragraph (11), by inserting ‘‘, includ- tive shall be the director of the designated (5) in paragraph (8)— ing controls and procedures to ensure that State unit that serves the most individuals (A) by striking ‘‘employment statistics the limitations on the costs of administra- with disabilities in the State; system’’ and inserting ‘‘workforce and labor tion are not exceeded’’. ‘‘(ii) the State agency officials responsible market information system’’; and (4) in paragraph (12)(A), by striking ‘‘sec- for economic development; (B) by striking ‘‘and’’ after the semicolon; tions 128(b)(3)(B) and 133(b)(3)(B)’’ and insert- ‘‘(iii) representatives of business in the (6) in paragraph (9)— ing ‘‘sections 128(b)(3) and 133(b)(3)’’; State who— (A) by striking ‘‘section 503’’ and inserting (5) in paragraph (14), by striking ‘‘section ‘‘(I) are owners of businesses, chief execu- ‘‘section 136(i)’’; and 134(c)’’ and inserting ‘‘section 121(e)’’; tive or operating officers of businesses, and (B) by striking the period and inserting ‘‘; (6) in paragraph (17)(A)— other business executives or employers with and’’; and (A) in clause (iii) by striking ‘‘and’’; optimum policy making or hiring authority, (7) by inserting the following new para- (B) by amending clause (iv) to read as fol- including members of local boards described graph after paragraph (9): lows: in section 117(b)(2)(A)(i); ‘‘(10) reviewing and providing comment on ‘‘(iv) how the State will serve the employ- ‘‘(II) represent businesses with employ- the State plans of all one-stop partner pro- ment and training needs of dislocated work- ment opportunities that reflect employment grams, where applicable, in order to provide ers (including displaced homemakers), low opportunities in the State; and effective strategic leadership in the develop- income individuals (including recipients of ‘‘(III) are appointed from among individ- ment of a high-quality, comprehensive state- public assistance), individuals with limited uals nominated by State business organiza- wide workforce investment system.’’. English proficiency, homeless individuals, (c) ELIMINATION OF ALTERNATIVE ENTITY tions and business trade associations; individuals training for nontraditional em- AND PROVISION OF AUTHORITY TO HIRE ‘‘(iv) chief elected officials (representing ployment, and other individuals with mul- STAFF.—Section 111(e) (29 U.S.C. 2821(e)) is both cities and counties, where appropriate); tiple barriers to employment (including amended to read as follows: older individuals); and’’; and ‘‘(v) one or more representatives of labor ‘‘(e) AUTHORITY TO HIRE STAFF.—The State (C) by inserting after clause (iv) the fol- organizations, who have been nominated by board may hire staff to assist in carrying out State labor federations or labor organiza- the functions described in subsection (d).’’. lowing: tions within the State; and (d) CONFLICT OF INTEREST.—Section ‘‘(v) how the State will serve the employ- ‘‘(vi) such other representatives and State 111(f)(1) (29 U.S.C. 2821(f)(1)) is amended by ment and training needs of individuals with agency officials as the Governor may des- inserting ‘‘or participate in action taken’’ disabilities, consistent with section 188 and ignate.’’; and after ‘‘vote’’. Executive Order 13217 (42 U.S.C. 12131 note; (B) in paragraph (3), by striking ‘‘para- (e) SUNSHINE PROVISION.—Section 111(g) (29 relating to community-based alternatives graph (1)(C)(i)’’ and inserting ‘‘paragraph U.S.C. 2821(g)) is amended— for individuals with disabilities) including (1)(C)(iii)’’. (1) by inserting ‘‘, and modifications to the the provision of outreach, intake, assess- (2) CONFORMING AMENDMENT.—Section State plan,’’ after ‘‘State plan’’ ; and ments, and service delivery, the development 111(c) (29 U.S.C. 2811(c)) is amended by strik- (2) by inserting ‘‘, and modifications to the of performance measures established under ing ‘‘subsection (b)(1)(C)(i)’’ and inserting State plan’’ after ‘‘the plan’’. section 136, the training of staff, and other ‘‘subsection (b)(1)(C)(iii)’’. SEC. 414. STATE PLAN. aspects of accessibility to program services, (b) FUNCTIONS.—Section 111(d) (29 U.S.C. (a) PLANNING CYCLE.—Section 112(a) (29 consistent with sections 504 and 508 of the 2811(d)) is amended— U.S.C. 2822(a)) is amended by striking ‘‘5- Rehabilitation Act of 1973; and’’; (1) in paragraph (2), by striking ‘‘section year strategy’’ and inserting ‘‘2-year strat- (7) in paragraph (17)(B), by striking ‘‘to the 134(c)’’ and inserting ‘‘section 121(e)’’; egy’’. extent practicable’’ and inserting ‘‘in accord- (2) by amending paragraph (3) to read as (b) CONTENTS.—Section 112(b) (29 U.S.C. ance with the requirements of the Jobs for follows: 2822(b)) is amended— Veterans Act (PL 107–288)’’;

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(8) in paragraph (18)(D), by striking ‘‘youth for the 2-year period covered by a State plan (b) AUTHORITY OF BOARD MEMBERS.—Sec- opportunity grants’’ and inserting ‘‘youth under section 112 if such request is made not tion 117(b)(3) (29 U.S.C. 2832(b) is amended— challenge grants’’; and later than the date of the submission of the (1) in the heading, by inserting ‘‘AND REP- (9) by adding at the end the following new State plan. RESENTATION’’ after ‘‘MEMBERS’’; and paragraphs: ‘‘(B) CONTINUED DESIGNATION BASED ON PER- (2) by adding at the end the following: ‘‘(19) a description of the process and meth- FORMANCE.—The Governor may deny a re- ‘‘The members of the board shall represent odology for determining one-stop partner quest for designation submitted pursuant to diverse geographic sections within the local program contributions for the cost of the in- subparagraph (A) if such unit of government area.’’. frastructure of one-stop centers under sec- was designated as a local area for the pre- (c) FUNCTIONS.—Section 117(d) (29 U.S.C. tion 121(h)(1) and of the formula for allo- ceding 2-year period covered by a State plan 2832(d)) is amended— cating such infrastructure funds to local and the Governor determines that such local (1) in paragraph (2)(B), by striking ‘‘by areas under section 121(h)(3); area did not perform successfully during awarding grants’’ and all that follows ‘‘(20) a description of the strategies and such period.’’. through ‘‘youth council’’; programs providing outreach to businesses, (b) SINGLE LOCAL AREA STATES.—Section (2) by striking paragraph (2)(D) and insert- identifying workforce needs of businesses in 116(b) (29 U.S.C. 2831(b)) is amended to read ing the following: as follows: the State, and ensuring that such needs will ‘‘(D) IDENTIFICATION OF ELIGIBLE PROVIDERS ‘‘(b) SINGLE LOCAL AREA STATES.— be met (including the needs of small busi- OF WORK READY SERVICES.—If the one-stop op- ‘‘(1) CONTINUATION OF PREVIOUS DESIGNA- nesses), which may include— erator does not provide the work ready serv- TION.—Notwithstanding subsection (a), the ‘‘(A) implementing innovative programs ices described in section 134(c)(3)(M) through Governor of any State that was a single local and strategies designed to meet the needs of (U) in the local area, the local board shall area for purposes of this title as of July 1, all businesses in the State, including small identify eligible providers of such services in 2007, may continue to designate the State as businesses, which may include incumbent the local area by awarding contracts.’’; a single local area for purposes of this title worker training programs, sectoral and in- (3) in paragraph (3)(B) by striking clause if the Governor identifies the State as a local dustry cluster strategies, regional skills alli- (ii) and inserting the following: ances, career ladder programs, utilization of area in the State plan under section 112(b)(5). ‘‘(ii) STAFF.—The local board may employ ‘‘(2) NEW DESIGNATION.—The Governor of a effective business intermediaries, and other staff to assist in carrying out the functions business services and strategies that better State not described in paragraph (1) may des- described in this subsection.’’; engage employers in workforce investment ignate the State as a single local area if, (4) in paragraph (4) by inserting ‘‘, and en- activities and make the statewide workforce prior to the submission of the State plan or sure the appropriate use and management of investment system more relevant to the modification to such plan so designating the the funds provided under this title for such needs of State and local businesses, con- State, no local area meeting the require- programs, activities, and system’’ after sistent with the objectives of this title; and ments for automatic designation under sub- ‘‘area’’; ‘‘(B) providing incentives and technical as- section (a) requests such designation as a (5) in paragraph (6)— sistance to assist local areas in more fully separate local area. (A) by striking ‘‘EMPLOYMENT STATISTICS engaging all employers, including small em- ‘‘(3) EFFECT ON LOCAL PLAN.—In any case in SYSTEM’’ and inserting ‘‘WORKFORCE AND ployers, in local workforce investment ac- which the local area is the State pursuant to LABOR MARKET INFORMATION SYSTEM’’; and tivities, to make the workforce investment this subsection, the local plan under section (B) by striking ‘‘employment statistics system more relevant to the needs of area 118 shall be submitted to the Secretary for system’’ and inserting ‘‘workforce and labor businesses, and to better coordinate work- approval as part of the State plan under sec- market information system’’; force investment, economic development, tion 112.’’. (6) by amending paragraph (8) to read as and postsecondary education and training ef- (c) REGIONAL PLANNING.—Section 116(c)(1) forts to contribute to the economic well- (29 U.S.C. 2831(c)(1)) is amended by adding at follows: being of the local area and region, as deter- the end the following: ‘‘The State may re- ‘‘(8) CONVENING, BROKERING, AND mined appropriate by the local board; quire the local boards for the designated re- LEVERAGING.—The local board shall support a ‘‘(21) a description of how the State will gion to prepare a single regional plan that comprehensive workforce investment system utilize technology to facilitate access to incorporates the elements of the local plan for the local area and promote the participa- services in remote areas which may be uti- under section 118 and that is submitted and tion by private sector employers, service lized throughout the State; approved in lieu of separate local plans under providers, and other stakeholders in such ‘‘(22) a description of the State strategy such section.’’. system. The Board shall ensure the effective and assistance to be provided for encour- SEC. 416. LOCAL WORKFORCE INVESTMENT provision, through the system, of convening, aging regional cooperation within the State BOARDS. brokering, and leveraging activities, through and across State borders as appropriate; and (a) COMPOSITION.—Section 117(b)(2) (29 intermediaries such as the one-stop operator ‘‘(23) a description of the actions that will U.S.C. 2832(b)(2)) is amended— in the local area or through other organiza- be taken by the State to foster communica- (1) in subparagraph (A)— tions, to assist such employers in meeting tion and partnerships with non-profit organi- (A) in clause (i)(II), by inserting ‘‘, busi- hiring needs. Such activities may include— zations (including community, faith-based, nesses that are in the leading industries in ‘‘(A) convening private sector employers, and philanthropic organizations) that pro- the local area, and large and small busi- including small employers, labor, economic vide employment-related, training, and com- nesses in the local area’’ after ‘‘local area’’; development, and education leaders in the plementary services, in order to enhance the (B) by amending clause (ii) to read as fol- area to align system missions and services, quality and comprehensiveness of services lows: and to identify and meet the employment, available to participants under this title.’’. ‘‘(ii) a superintendent of the local sec- education, and skills training needs of the (c) MODIFICATION TO PLAN.—Section 112(d) ondary school system and the president or local area in support of regional and local (29 U.S.C. 2822(d)) is amended by striking ‘‘5- chief executive officer of a postsecondary economic growth strategies; year period’’ and inserting ‘‘2-year period’’. educational institution serving the local ‘‘(B) providing leadership in the design and SEC. 415. LOCAL WORKFORCE INVESTMENT area (including community colleges, where implementation of a comprehensive work- AREAS. such entities exist);’’; force development system that extends be- (a) DESIGNATION OF AREAS.— (C) in clause (iii)— yond those programs authorized under title I (1) CONSIDERATIONS.—Section 116(a)(1)(B) (i) by striking ‘‘representatives’’ and in- of this Act (including programs identified in (29 U.S.C. 2831(a)(1)(B)) is amended by adding serting ‘‘one or more representatives’’; and section 121(b)) for the local area; at the end the following clause: (ii) by inserting ‘‘or by labor organizations ‘‘(C) brokering relationships and service ‘‘(vi) The extent to which such local areas in the local area’’ after ‘‘federations’’; arrangements across system stakeholders will promote efficiency in the administra- (D) in clause (iv)— and partners; and tion and provision of services.’’. (i) by striking ‘‘representatives’’ and in- ‘‘(D) leveraging resources other than those (2) AUTOMATIC DESIGNATION.—Section serting ‘‘one or more representatives’’; and provided under title I of this Act, including 116(a)(2) (29 U.S.C. 2831(a)(2)) is amended to (ii) by striking the semicolon and inserting public and private resources, to significantly read as follows: ‘‘and faith-based organizations; and’’; expand resources available for employment ‘‘(2) AUTOMATIC DESIGNATION.— (E) in clause (v) by inserting ‘‘one or and training activities identified as nec- ‘‘(A) IN GENERAL.—Except as provided in more’’ before ‘‘representatives’’; and essary in the local area.’’; subparagraph (B) of this paragraph and sub- (F) by striking clause (vi); and (7) by adding at the end the following: section (b), the Governor shall approve a re- (2) in subparagraph (B), by striking the pe- ‘‘(9) TECHNOLOGY IMPROVEMENTS.—The quest for designation as a local area from— riod and inserting ‘‘; and’’; and local board shall develop strategies for tech- ‘‘(i) any unit of general local government (3) by adding at the end the following sub- nology improvements to facilitate access to with a population of 500,000 or more; and paragraph: services, in remote areas, for services au- ‘‘(ii) an area served by a rural concentrated ‘‘(C) except for the individuals described in thorized under this subtitle and carried out employment program grant recipient that subparagraph(A)(ii), shall not include any in- in the local area.’’. served as a service delivery area or substate dividual who is employed by an entity re- (d) LIMITATIONS.—Section 117(f) (29 U.S.C. area under the Job Training Partnership Act ceiving funds for the provision of services 2832(f)) is amended by striking paragraph (2) (29 U.S.C. 1501 et seq.), under chapters 4 or 5.’’. and inserting the following:

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‘‘(2) WORK READY SERVICES, DESIGNATION, OR volved in remote areas, including facili- (2) ADDITIONAL PARTNERS.—Section CERTIFICATION AS ONE-STOP OPERATORS.—A tating access through the use of technology; 121(b)(2)(B) (29 U.S.C. 2841(b)(2)(B)) is amend- local board may provide work ready services ‘‘(12) how the local area will serve the em- ed to read as follows: described in section (c)(d)(2) through a one- ployment and training needs of individuals ‘‘(B) PROGRAMS.—The programs referred to stop delivery system described in section 121 with disabilities, consistent with section 188 in subparagraph (A) may include— or be designated or certified as a one-stop op- and Executive Order 13217 (42 U.S.C. 12131 ‘‘(i) employment and training programs ad- erator only with the agreement of the chief note) including the provision of outreach, in- ministered by the Social Security Adminis- elected official and the Governor.’’. take, assessments, and service delivery, the tration, including the Ticket to Work pro- (e) CONFLICT OF INTEREST.—Section development of performance measures, the gram (established by Public Law 106–170); 117(g)(1) (29 U.S.C. 2832(g)(1)) is amended by training of staff, and other aspects of acces- ‘‘(ii) employment and training programs inserting ‘‘or participate in action taken’’ sibility to program services, consistent with carried out by the Small Business Adminis- after ‘‘vote’’. sections 504 and 508 of the Rehabilitation Act tration; (f) AUTHORITY TO ESTABLISH COUNCILS AND of 1973; and’’. ‘‘(iii) programs under part D of title IV of ELIMINATION OF REQUIREMENT FOR YOUTH SEC. 418. ESTABLISHMENT OF ONE-STOP DELIV- the Social Security Act (42 U.S.C. 451 et seq.) COUNCILS.—Section 117(h) (29 U.S.C. 2832(h)) ERY SYSTEMS. (relating to child support enforcement); ‘‘(iv) employment, training, and literacy is amended to read as follows: (a) ONE-STOP PARTNERS.— services carried out by public libraries; ‘‘(h) ESTABLISHMENT OF COUNCILS.—The (1) REQUIRED PARTNERS.—Section 121(b)(1) ‘‘(v) programs carried out in the local area local board may establish councils to provide (29 U.S.C. 2841(b)(1)) is amended— for individuals with disabilities, including information and advice to assist the local (A) by striking subparagraph (A) and in- programs carried out by State agencies re- board in carrying out activities under this serting the following: lating to mental health, mental retardation, title. Such councils may include a council ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- and developmental disabilities, State Med- composed of one-stop partners to advise the STOP PARTNERS.—Each entity that carries icaid agencies, State Independent Living local board on the operation of the one-stop out a program or activities described in sub- Councils, and Independent Living Centers; delivery system, a youth council composed paragraph (B) shall— ‘‘(vi) programs authorized under the Na- of experts and stakeholders in youth pro- ‘‘(i) provide access through the one-stop tional and Community Service Act of 1990 (42 grams to advise the local board on activities delivery system to the programs and activi- for youth, and such other councils as the U.S.C. 1250 et seq.); ties carried out by the entity, including ‘‘(vii) cooperative extension programs car- local board determines are appropriate.’’. making the work ready services described in (g) REPEAL OF ALTERNATIVE ENTITY PROVI- ried out by the Department of Agriculture; section 134(d)(2) that are applicable to the and SION.—Section 117 (29 U.S.C. 2832) is further program of the entity available at the one- amended by striking subsection (i). ‘‘(viii) other appropriate Federal, State, or stop centers (in addition to any other appro- local programs, including programs in the SEC. 417. LOCAL PLAN. priate locations); private sector.’’. (a) PLANNING CYCLE.—Section 118(a) (29 ‘‘(ii) use a portion of the funds available to (b) LOCAL MEMORANDUM OF UNDER- U.S.C. 2833(a)) is amended by striking ‘‘5- the program of the entity to maintain the STANDING.—Section 121(c)(2)(A) (29 U.S.C. year’’ and inserting ‘‘2-year’’. one-stop delivery system, including payment 2841(c)(2)(A)) is amended to read as follows: (b) CONTENTS.—Section 118(b) (29 U.S.C. of the infrastructure costs of one-stop cen- ‘‘(A) provisions describing— 2833(b)) is amended— ters in accordance with subsection (h); ‘‘(i) the services to be provided through the (1) by amending paragraph (2) to read as ‘‘(iii) enter into a local memorandum of one-stop delivery system consistent with the follows: understanding with the local board relating requirements of this section, including the ‘‘(2) a description of the one-stop delivery to the operation of the one-stop system that manner in which the services will be coordi- system to be established or designated in the meets the requirements of subsection (c); nated through such system; local area, including a description of how the ‘‘(iv) participate in the operation of the ‘‘(ii) how the costs of such services and the local board will ensure the continuous im- one-stop system consistent with the terms of operating costs of such system will be fund- provement of eligible providers of services the memorandum of understanding, the re- ed, through cash and in-kind contributions, through the system and ensure that such quirements of this title, and the require- to provide a stable and equitable funding providers meet the employment needs of ments of the Federal laws authorizing the stream for ongoing one-stop system oper- local employers and participants;’’; programs carried out by the entity; and ations, including the funding of the infra- (2) in paragraph (4)— ‘‘(v) provide representation on the State structure costs of one-stop centers in accord- (A) by striking ‘‘and dislocated worker’’; board to the extent provided under section ance with subsection (h); and 111.’’; ‘‘(iii) methods of referral of individuals be- (B) by inserting before the semicolon ‘‘, in- (B) in subparagraph (B)— tween the one-stop operator and the one-stop cluding a description of how the local area (i) by striking clauses (ii) and (v); partners for appropriate services and activi- will implement the requirements of section (ii) by redesignating clauses (iii) and (iv) as ties; and 134(c)(4)(G) relating to ensuring that training clauses (ii) and (iii), respectively, and by re- ‘‘(iv) the duration of the memorandum of services are linked to occupations that are in designating clauses (vi) through (xii) as understanding and the procedures for amend- demand’’; clauses (iv) through (x), respectively; ing the memorandum during the term of the (3) in paragraph (5), by striking ‘‘statewide (iii) in clause (ix) (as so redesignated), by memorandum, and assurances that such rapid response activities’’ and inserting striking ‘‘and’’ at the end; memorandum shall be reviewed not less than ‘‘statewide activities’’; (iv) in clause (x) (as so redesignated), by once every 2-year period to ensure appro- (4) in paragraph (9), by striking ‘‘; and’’ and striking the period and inserting ‘‘; and’’; priate funding and delivery of services; and’’. inserting a semicolon; and and (c) PROVISION OF SERVICES.—Subtitle B of (5) by redesignating paragraph (10) as para- (v) by inserting after clause (x)(as so redes- title I is amended— graph (13) and inserting after paragraph (9) ignated) the following: (1) in section 121(d)(2), by striking ‘‘section the following: ‘‘(xi) programs authorized under part A of 134(c)’’ and inserting ‘‘subsection (e)’’; ‘‘(10) a description of the strategies and title IV of the Social Security Act (42 U.S.C. (2) by striking subsection (e) of section 121; services that will be initiated in the local 601 et seq.), subject to subparagraph (C); and (3) by moving subsection (c) of section 134 area to more fully engage all employers, in- ‘‘(xii) programs authorized under section from section 134, redesignating such sub- cluding small employers, in workforce in- 6(d)(4) of the Food Stamp Act of 1977 (7 section as subsection (e), and inserting such vestment activities, to make the workforce U.S.C. 2015(d)(4)), subject to subparagraph subsection (as so redesignated) after sub- investment system more relevant to the (C).’’; and section (d) of section 121; and needs of area businesses, and to better co- (C) by adding after subparagraph (B) the (4) by amending subsection (e) of section ordinate workforce investment and economic following: 121 (as moved and redesignated by paragraph development efforts, which may include the ‘‘(C) DETERMINATION BY THE GOVERNOR.— (3))— implementation of innovative initiatives The program referred to in clauses (xi) and (A) in paragraph (1)(A), by striking ‘‘core such as incumbent worker training pro- (xii) of subparagraph (B) shall be included as services described in subsection (d)(2)’’ and grams, sectoral and industry cluster strate- a required partner for purposes of this title inserting ‘‘work ready services described in gies, regional skills alliance initiatives, ca- in a State unless the Governor of the State section 134(c)(2)’’; reer ladder programs, utilization of effective notifies the Secretary and the Secretary of (B) in paragraph (1)(B)— business intermediaries, and other business Health and Human Services (in the case of (i) by striking ‘‘intensive services’’; services and strategies designed to meet the the program referred to in clause (xi) of sub- (ii) by striking ‘‘paragraphs (3) and (4) of needs of area employers and contribute to paragraph (B)), or the Secretary and the Sec- subsection (d)’’ and inserting ‘‘section the economic well-being of the local area, as retary of Agriculture (in the case of the pro- 134(c)(4)’’; determined appropriate by the local board, gram referred to in clause (xii) of subpara- (iii) by striking ‘‘individual training ac- consistent with the objectives of this title; graph (B)) in writing of a determination by counts’’ and inserting ‘‘career enhancement ‘‘(11) a description of how the local board the Governor not to include such programs accounts’’; and will facilitate access to services provided as required partners for purposes of this title (iv) by striking ‘‘subsection (d)(4)(G)’’ and through the one-stop delivery system in- in the State.’’. inserting ‘‘section 134(c)(4)(G)’’;

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.028 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12305 (C) in paragraph (1)(C), by striking ‘‘sub- mination regarding the portion of funds to tion of funds and noncash resources to be section (e)’’ and inserting ‘‘section 134(d)’’; be contributed under this paragraph on the provided by each program under paragraph (D) in paragraph (1)(D), by striking ‘‘sec- basis that such determination is inconsistent (1) shall be determined as part of the memo- tion 121(b)’’ and inserting ‘‘subsection (b)’’; with the criteria described in the State plan randum of understanding under subsection (E) by amending paragraph (1)(E) to read or with the requirements of this paragraph. (c). The State board shall provide guidance as follows: Such procedure shall ensure prompt resolu- to facilitate the determination of appro- ‘‘(E) shall provide access to the informa- tion of the appeal. priate allocation of the funds and noncash tion described in section 15(e) of the Wagner- ‘‘(C) LIMITATIONS.— resources in local areas.’’. Peyser Act (29 U.S.C. 49l–2(e)).’’; and ‘‘(i) PROVISION FROM ADMINISTRATIVE SEC. 419. ELIGIBLE PROVIDERS OF TRAINING (F) in paragraph (2)(B)(ii)(II), by striking FUNDS.—The funds provided under this para- SERVICES. ‘‘core services’’ and inserting ‘‘work ready graph by each one-stop partner shall be pro- Section 122 (29 U.S.C. 2842) is amended to services’’. vided only from funds available for the costs read as follows: (d) CERTIFICATION AND FUNDING OF ONE- of administration under the program admin- ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- STOP CENTERS.—Section 121 (as amended by istered by such partner, and shall be subject VIDERS OF TRAINING SERVICES. subsections (b) and (c)) is further amended to the limitations with respect to the por- ‘‘(a) ELIGIBILITY.— by adding at the end the following new sub- tion of funds under such programs that may ‘‘(1) IN GENERAL.—The Governor, after con- sections: be used for administration. sultation with the State board, shall estab- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- ‘‘(ii) FEDERAL DIRECT SPENDING PRO- lish criteria and procedures regarding the TERS.— GRAMS.—Programs that are Federal direct eligibility of providers of training services ‘‘(1) IN GENERAL.— spending under section 250(c)(8) of the Bal- described in section 134(c)(4) to receive funds ‘‘(A) IN GENERAL.—The State board shall anced Budget and Emergency Deficit Control provided under section 133(b) for the provi- establish objective procedures and criteria Act of 1985 (2 U.S.C. 900(c)(8)) shall not, for sion of such training services. for periodically certifying one-stop centers purposes of this paragraph, be required to ‘‘(2) PROVIDERS.—Subject to the provisions for the purpose of awarding the one-stop in- provide an amount in excess of the amount of this section, to be eligible to receive the frastructure funding described in subsection determined to be equivalent to the propor- funds provided under section 133(b) for the (h). tionate use of the one-stop centers by such provision of training services, the provider ‘‘(B) CRITERIA.—The criteria for certifi- programs in the State. shall be— cation under this subsection shall include ‘‘(iii) NATIVE AMERICAN PROGRAMS.—Native ‘‘(A) a postsecondary educational institu- minimum standards relating to the scope American programs established under sec- tion that— and degree of service integration achieved by tion 166 shall not be subject to the provisions ‘‘(i) is eligible to receive Federal funds the centers involving the programs provided of this subsection. The method for deter- under title IV of the Higher Education Act of by the one-stop partners, and how the cen- mining the appropriate portion of funds to be 1965 (20 U.S.C. 1070 et seq.); and ters ensure that such providers meet the em- provided by such Native American programs ‘‘(ii) provides a program that leads to an ployment needs of local employers and par- to pay for the costs of infrastructure of a associate degree, baccalaureate degree, or in- ticipants. one-stop center certified under subsection (g) dustry-recognized certification; ‘‘(C) EFFECT OF CERTIFICATION.—One-stop shall be determined as part of the develop- ‘‘(B) an entity that carries out programs centers certified under this subsection shall ment of the memorandum of understanding under the Act of August 16, 1937 (commonly be eligible to receive the infrastructure under subsection (c) for the one-stop center known as the ‘National Apprenticeship Act’; grants authorized under subsection (h). and shall be stated in the memorandum. 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ‘‘(2) LOCAL BOARDS.—Consistent with the ‘‘(2) ALLOCATION BY GOVERNOR.—From the or criteria developed by the State, the local funds provided under paragraph (1), the Gov- ‘‘(C) another public or private provider of a board may develop additional criteria of ernor shall allocate funds to local areas in program of training services. higher standards to respond to local labor accordance with the formula established ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- market and demographic conditions and under paragraph (3) for the purposes of as- VIDERS.—A provider described in subpara- trends. sisting in paying the costs of the infrastruc- graph (A) or (C) of paragraph (2) shall comply ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— ture of One-Stop centers certified under sub- with the criteria and procedures established ‘‘(1) PARTNER CONTRIBUTIONS.— section (g). under this section to be included on the list ‘‘(A) PROVISION OF FUNDS.—Notwith- ‘‘(3) ALLOCATION FORMULA.—The State of eligible providers of training services de- standing any other provision of law, as de- board shall develop a formula to be used by scribed in subsection (d)(1). A provider de- termined under subparagraph (B), a portion the Governor to allocate the funds described scribed in paragraph (2)(B) shall be included of the Federal funds provided to the State in paragraph (1). The formula shall include on the list of eligible providers of training and areas within the State under the Federal such factors as the State board determines services described in subsection (d)(1) for so laws authorizing the one-stop partner pro- are appropriate, which may include factors long as the provider remains certified by the grams described in subsection (b)(1)(B) and such as the number of centers in the local Department of Labor to carry out the pro- participating additional partner programs area that have been certified, the population grams described in paragraph (2)(B). described in (b)(2)(B) for a fiscal year shall be served by such centers, and the performance ‘‘(b) CRITERIA.— provided to the Governor by such programs of such centers. ‘‘(1) IN GENERAL.—The criteria established to carry out this subsection. ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- pursuant to subsection (a) shall take into ac- ‘‘(B) DETERMINATION OF GOVERNOR.— poses of this subsection, the term ‘costs of count— ‘‘(i) IN GENERAL.—Subject to subparagraph infrastructure’ means the nonpersonnel costs ‘‘(A) the performance of providers of train- (C), the Governor, in consultation with the that are necessary for the general operation ing services with respect to the performance State board, shall determine the portion of of a one-stop center, including the rental measures described in section 136 and other funds to be provided under subparagraph (A) costs of the facilities, the costs of utilities matters for which information is required by each one-stop partner and in making such and maintenance, and equipment (including under paragraph (2) and other appropriate determination shall consider the propor- adaptive technology for individuals with dis- measures of performance outcomes for those tionate use of the one-stop centers by each abilities). participants receiving training services partner, the costs of administration for pur- ‘‘(i) OTHER FUNDS.— under this subtitle (taking into consider- poses not related to one-stop centers for each ‘‘(1) IN GENERAL.—In addition to the funds ation the characteristics of the population partner, and other relevant factors described provided to carry out subsection (h), a por- served and relevant economic conditions); in paragraph (3). tion of funds made available under Federal ‘‘(B) whether the training programs of such ‘‘(ii) SPECIAL RULE.—In those States where law authorizing the one-stop partner pro- providers relate to occupations that are in the State constitution places policy-making grams described in subsection (b)(1)(B) and demand, authority that is independent of the author- participating partner programs described in ‘‘(C) the need to ensure access to training ity of the Governor in an entity or official subsection (b)(2)(B), or the noncash resources services throughout the State, including any with respect to the funds provided for adult available under such programs shall be used rural areas; education and literacy activities authorized to pay the costs relating to the operation of ‘‘(D) the ability of providers to offer pro- under title II of this Act and for postsec- the one-stop delivery system that are not grams that lead to a degree or an industry- ondary career education activities author- paid for from the funds provided under sub- recognized certification, certificate, or mas- ized under the Carl D. Perkins Career and section (h), to the extent not inconsistent tery; Technical Education Act, the determination with the Federal law involved including— ‘‘(E) the information such providers are re- described in clause (i) with respect to such ‘‘(A) infrastructure costs that are in excess quired to report to State agencies with re- programs shall be made by the Governor of the funds provided under subsection (h); spect to other Federal and State programs with the appropriate entity or official with ‘‘(B) common costs that are in addition to (other than the program carried out under such independent policy-making authority. the costs of infrastructure; and this subtitle), including one-stop partner ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ‘‘(C) the costs of the provision of work programs; and Governor shall establish a procedure for the ready services applicable to each program. ‘‘(F) such other factors as the Governor de- one-stop partner administering a program ‘‘(2) DETERMINATION AND GUIDANCE.—The termines are appropriate to ensure the qual- described in subsection (b) to appeal a deter- method for determining the appropriate por- ity of services provided, the accountability

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.029 H31OCPT1 cnoel on PRODPC60 with HOUSE H12306 CONGRESSIONAL RECORD — HOUSE October 31, 2007 of providers, that the one-stop centers will of degrees and industry-recognized certifi- SEC. 420. ELIGIBLE PROVIDERS OF YOUTH AC- ensure that such providers meet the needs of cations, and costs of attendance, for partici- TIVITIES. local employers and participants, and the in- pants receiving training services under this (a) ELIGIBLE PROVIDERS OF YOUTH ACTIVI- formed choice of participants under chapter subtitle in applicable programs) and such TIES.—Section 123 (29 U.S.C. 2843) is amended 5. other information as the Secretary deter- to read as follows: ‘‘(2) INFORMATION.—The criteria estab- mines is appropriate. The list and the accom- ‘‘SEC. 123. ELIGIBLE PROVIDERS OF YOUTH AC- lished by the Governor shall require that a panying information shall be made available TIVITIES. provider of training services submit appro- to such participants and to members of the ‘‘(a) IN GENERAL.—From the funds allo- priate, accurate, and timely information to public through the one-stop delivery system cated under section 128(b) to a local area, the the State for purposes of carrying out sub- in the State. local board for such area shall award grants section (d), with respect to participants re- or contracts on a competitive basis to pro- ‘‘(e) ENFORCEMENT.— ceiving training services under this subtitle viders of youth activities identified based on ‘‘(1) IN GENERAL.—The criteria and proce- in the applicable program, including— the criteria in the State plan and shall con- dures established under this section shall ‘‘(A) information on degrees and industry- duct oversight with respect to such pro- provide the following: recognized certifications received by such viders. ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE participants; ‘‘(b) EXCEPTIONS.—A local board may INFORMATION.—Upon a determination, by an ‘‘(B) information on costs of attendance for award grants or contracts on a sole-source individual or entity specified in the criteria such participants; basis if such board determines there are an or procedures, that a provider of training ‘‘(C) information on the program comple- insufficient number of eligible providers of services, or individual providing information tion rate for such participants; and training services in the local area involved on behalf of the provider, intentionally sup- ‘‘(D) information on the performance of the (such as rural areas) for grants to be awarded plied inaccurate information under this sec- provider with respect to the performance on a competitive basis under subsection tion, the eligibility of such provider to re- measures described in section 136 for such (a).’’. ceive funds under chapter 5 shall be termi- participants (taking into consideration the (b) CLERICAL AMENDMENT.—The table of nated for a period of time that is not less characteristics of the population served and contents in section 1(b) is amended by than 2 years. relevant economic conditions), which may amending the item related to section 123 to ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- include information specifying the percent- read as follows: termination, by an individual or entity spec- age of such participants who entered unsub- ified in the criteria or procedures, that a pro- ‘‘Sec. 123. Eligible providers of youth activi- sidized employment in an occupation related vider of training services substantially vio- ties.’’. to the program. lated any requirement under this title, the SEC. 421. YOUTH ACTIVITIES. ‘‘(3) RENEWAL.—The criteria established by eligibility of such provider to receive funds (a) STATE ALLOTMENTS.—Section 127 (29 the Governor shall also provide for biennial under the program involved may be termi- U.S.C. 2852(a)) is amended— review and renewal of eligibility under this nated, or other appropriate action may be (1) in subsection (a)(1), by striking ‘‘oppor- section for providers of training services. taken. tunity’’ and inserting ‘‘challenge’’; and ‘‘(4) LOCAL CRITERIA.—A local board in the ‘‘(C) REPAYMENT.—A provider of training (2) by striking subsection (b) and inserting State may establish criteria in addition to services whose eligibility is terminated the following: the criteria established by the Governor, or under subparagraph (A) or (B) shall be liable ‘‘(b) ALLOTMENT AMONG STATES.— may require higher levels of performance for the repayment of funds received under ‘‘(1) YOUTH ACTIVITIES.— than required under the criteria established chapter 5 during a period of noncompliance ‘‘(A) YOUTH CHALLENGE GRANTS.— by the Governor, for purposes of determining described in such subparagraph. ‘‘(i) RESERVATION OF FUNDS.—Of the the eligibility of providers of training serv- ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be amount appropriated under section 137(a) for ices to receive funds described in subsection construed to provide remedies and penalties each fiscal year, the Secretary shall reserve (a) to provide the services in the local area that supplement, but do not supplant, other 25 percent to provide youth challenge grants involved. civil and criminal remedies and penalties. under section 169. ‘‘(5) LIMITATION.—In carrying out the re- ‘‘(ii) LIMITATION.—Notwithstanding clause quirements of this subsection, no personally ‘‘(f) AGREEMENTS WITH OTHER STATES.— (i), if the amount appropriated under section identifiable information regarding a student, States may enter into agreements, on a re- 137(a) for a fiscal year exceeds $1,000,000,000, including Social Security number, student ciprocal basis, to permit eligible providers of the Secretary shall reserve $250,000,000 to identification number, or other identifier, training services to accept career enhance- provide youth challenge grants under section may be disclosed without the prior written ment accounts provided in another State. 169. consent of the parent or eligible student in ‘‘(g) RECOMMENDATIONS.—In developing the ‘‘(B) OUTLYING AREAS AND NATIVE AMERI- compliance with section 444 of the General criteria, procedures, and information re- CANS.— Education Provisions Act (20 U.S.C. 1232g). quired under this section, the Governor shall ‘‘(i) IN GENERAL.—After determining the ‘‘(c) PROCEDURES.—The procedures estab- solicit and take into consideration the rec- amount to be reserved under subparagraph lished under subsection (a) shall identify the ommendations of local boards and providers (A), of the remainder of the amount appro- application process for a provider of training of training services within the State. priated under section 137(a) for each fiscal services to become eligible to receive funds year the Secretary shall— under section 133(b) for the provision of ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— ‘‘(I) reserve not more than 1⁄4 of one per- training services, and identify the respective During the development of the criteria, pro- cent of such amount to provide assistance to roles of the State and local areas in receiv- cedures, requirements for information, and the outlying areas to carry out youth activi- ing and reviewing applications and in mak- the list of eligible providers required under ties and statewide workforce investment ac- ing determinations of eligibility based on this section, the Governor shall provide an the criteria established under this section. tivities; and opportunity for interested members of the 1 The procedures shall also establish a process ‘‘(II) reserve not more than 1 and ⁄2 per- public, including representatives of business cent of such amount to provide youth activi- for a provider of training services to appeal and labor organizations, to submit com- a denial or termination of eligibility under ties under section 166 (relating to Native ments regarding such criteria, procedures, Americans). this section that includes an opportunity for and information. a hearing and prescribes appropriate time ‘‘(ii) RESTRICTION.—The Republic of Palau limits to ensure prompt resolution of the ap- ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED shall cease to be eligible to receive funding peal. TRAINING EXCEPTION.— under this subparagraph upon entering into ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS ‘‘(1) IN GENERAL.—Providers of on-the-job an agreement for extension of United States IN CHOOSING PROVIDERS.—In order to facili- training or customized training shall not be educational assistance under the Compact of tate and assist participants under chapter 5 subject to the requirements of subsections Free Association (approved by the Compact in choosing providers of training services, (a) through (g). of Free Association Amendments Act of 2003 the Governor shall ensure that an appro- ‘‘(2) COLLECTION AND DISSEMINATION OF IN- (Public Law 108–188)) after the date of enact- priate list or lists of providers determined el- FORMATION.—A one-stop operator in a local ment of the Workforce Investment Improve- igible under this section in the State, includ- area shall collect such performance informa- ment Act of 2007. ing information regarding the occupations in tion from on-the-job training and customized ‘‘(C) STATES.— demand that relate to the training programs training providers as the Governor may re- ‘‘(i) IN GENERAL.—Of the remainder of the of such providers, is provided to the local quire, determine whether the providers meet amount appropriated under section 137(a) for boards in the State to be made available to such performance criteria as the Governor a fiscal year that is available after deter- such participants and to members of the pub- may require, and disseminate information mining the amounts to be reserved under lic through the one-stop delivery system in identifying providers that meet the criteria subparagraphs (A) and (B), the Secretary the State. The accompanying information as eligible providers, and the performance in- shall allot— shall consist of information provided by pro- formation, through the one-stop delivery ‘‘(I) the amount of the remainder that is viders described in subparagraphs (A) and (C) system. Providers determined to meet the less than or equal to the total amount that of subsection (a)(2) in accordance with sub- criteria shall be considered to be identified was allotted to States for fiscal year 2007 section (b) (including information on receipt as eligible providers of training services.’’. under section 127(b)(1)(C) of this Act (as in

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effect on the day before the date of enact- ‘‘(A) the total amount of funds available to ‘‘(i) ALLOCATION PERCENTAGE.—For pur- ment of the Workforce Investment Improve- the State under this section during the pro- poses of this paragraph, the term ‘allocation ment Act of 2007) in accordance with the re- gram year prior to the program year for percentage’, used with respect to fiscal year quirements of such section 127(b)(1)(C); and which the determination is made (including 2008 or a subsequent fiscal year, means a per- ‘‘(II) the amount of the remainder, if any, amounts allotted to the State in all prior centage of the amount described in para- in excess of the amount referred to in sub- program years that remained available); and graph(1)(A) that is received through an allo- clause (I) in accordance with clause (ii). ‘‘(B) the accrued expenditures during such cation made under this paragraph for the fis- ‘‘(ii) FORMULAS FOR EXCESS FUNDS.—Sub- prior program year.’’; cal year. The term, with respect to fiscal ject to clauses (iii) and (iv), of the amounts (B) in paragraph (3)— year 2007, means the percentage of the described in clause (i)(II)— (i) by striking ‘‘for the prior program amounts allocated to local areas under this ‘‘(I) 331⁄3 percent shall be allotted on the year’’ and inserting ‘‘for the program year in chapter (as in effect on the day before the basis of the relative number of individuals in which the determination is made’’; and date of enactment of the Workforce Invest- the civilian labor force who are ages 16 (ii) by striking ‘‘such prior program year’’ ment Improvement Act of 2007) that is re- through 19 in each State, compared to the and inserting ‘‘such program year’’; ceived by the local area involved for fiscal total number of individuals in the civilian (C) by amending paragraph (4) to read as year 2007. follows: labor force who are ages 16 through 19 in all ‘‘(ii) DISADVANTAGED YOUTH.—The term States; ‘‘(4) ELIGIBILITY.—For purposes of this sub- ‘disadvantaged youth’ means an individual section, an eligible State means a State ‘‘(II) 331⁄3 percent shall be allotted on the who is age 16 through 21 who received an in- which does not have an amount available for basis of the relative number of unemployed come, or is a member of a family that re- reallotment under paragraph (2) for the pro- individuals in each State, compared to the ceived a total family income, that, in rela- gram year for which the determination total number of unemployed individuals in tion to family size, does not exceed the pov- under paragraph (2) is made.’’; and all States; and erty line. (D) in paragraph (5), by striking ‘‘obliga- ‘‘(III) 331⁄3 percent shall be allotted on the ‘‘(3) YOUTH DISCRETIONARY ALLOCATION.— tion’’ and inserting ‘‘accrued expenditure’’. basis of the relative number of disadvan- (b) WITHIN STATE ALLOCATIONS.— The Governor shall allocate to local areas taged youth who are ages 16 through 21 in (1) RESERVATION FOR STATEWIDE ACTIVI- the amounts described in paragraph (1)(B) in each State, compared to the total number of TIES.—Section 128(a) is amended to read as accordance with such demographic and eco- disadvantaged youth who are ages 16 through follows: nomic factors as the Governor, after con- 21 in all States. ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- sultation with the State board and local ‘‘(iii) MINIMUM AND MAXIMUM PERCENT- TIES.— boards, determines are appropriate. AGES.—The Secretary shall ensure that no ‘‘(1) IN GENERAL.—The Governor of a State ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— State shall receive an allotment for a fiscal shall reserve not more than 10 percent of the ‘‘(A) IN GENERAL.—Of the amounts allo- year that is less than 90 percent or greater amount allotted to the State under section cated to a local area under this subsection than 130 percent of the allotment percentage 127(a)(1)(C) for a fiscal year for statewide ac- for a fiscal year, not more than 10 percent of of that State for the preceding fiscal year. tivities. the amount may be used by the local boards ‘‘(iv) SMALL STATE MINIMUM ALLOTMENT.— ‘‘(2) USE OF FUNDS.—Regardless of whether for the administrative costs of carrying out Subject to clause (iii), the Secretary shall the amounts are allotted under section local workforce investment activities under ensure that no State shall receive an allot- 127(a)(1)(C) and reserved under paragraph (1) this chapter or chapter 5. ment under this paragraph that is less than or allotted under section 132 and reserved ‘‘(B) USE OF FUNDS.—Funds made available 3⁄10 of 1 percent of the amount available under section 133(a), the Governor may use for administrative costs under subparagraph under subparagraph (A). the reserved amounts to carry out statewide (A) may be used for the administrative costs ‘‘(2) DEFINITIONS.—For the purposes of youth activities under section 129(b) or of any of the local workforce investment ac- paragraph (1), the following definitions statewide employment and training activi- tivities described in this chapter or chapter apply: ties under section 133.’’. 5, regardless of whether the funds were allo- ‘‘(A) ALLOTMENT PERCENTAGE.—The term (2) WITHIN STATE ALLOCATIONS.—Section cated under this subsection or section ‘allotment percentage’, used with respect to 128(b) is amended to read as follows: 133(b).’’. fiscal year 2008 or a subsequent fiscal year, ‘‘(b) WITHIN STATE ALLOCATION.— (3) REALLOCATION.—Section 128(c) (29 means a percentage of the remainder de- ‘‘(1) IN GENERAL.—Of the amounts allotted U.S.C. 2853(c)) is amended— scribed in paragraph (1)(C)(i) that is received to the State under section 127(a)(1)(C) and (A) in paragraph (1), by striking ‘‘para- through an allotment made under this sub- not reserved under subsection (a)(1)— graph (2)(A) or (3) of’’; section for the fiscal year. The term, with re- ‘‘(A) not less than 80 percent of such (B) by amending paragraph (2) to read as spect to fiscal year 2007, means the percent- amounts shall be allocated by the Governor follows: age of the amounts allotted to States under to local areas in accordance with paragraph ‘‘(2) AMOUNT.—The amount available for this chapter (as in effect on the day before (2); and reallocation for a program year is equal to the date of enactment of the Workforce In- ‘‘(B) not more than 20 percent of such the amount by which the unexpended bal- vestment Improvement Act of 2007) that is amounts shall be allocated by the Governor ance at the end of the program year prior to received by the State involved for fiscal year to local areas in accordance with paragraph the program year for which the determina- 2007. (3). tion is made exceeds 30 percent of the total ‘‘(B) DISADVANTAGED YOUTH.—The term ‘‘(2) ESTABLISHED FORMULA.— amount of funds available to the local area ‘disadvantaged youth’ means an individual ‘‘(A) IN GENERAL.—Of the amounts de- under this section during such prior program who is age 16 through 21 who received an in- scribed in paragraph (1)(A), the Governor year, (including amounts allotted to the come, or is a member of a family that re- shall allocate— local area in prior program years that re- ceived a total family income, that, in rela- ‘‘(i) 331⁄3 percent shall be allotted on the main available). For purposes of this para- tion to family size, does not exceed the pov- basis of the relative number of individuals in graph, the unexpended balance is the amount erty line. the civilian labor force who are ages 16 that is the difference between— ‘‘(3) SPECIAL RULE.—For purposes of the through 19 in each local area, compared to ‘‘(A) the total amount of funds available to formulas specified in paragraph (1)(C), the the total number of individuals in the civil- the local area under this section during the Secretary shall, as appropriate and to the ex- ian labor force who are ages 16 through 19 in program year prior to the program year for tent practicable, exclude college students all local areas in the State; which the determination is made (including and members of the Armed Forces from the ‘‘(ii) 331⁄3 percent shall be allotted on the amounts allocated to the local area in all determination of the number of disadvan- basis of the relative number of unemployed prior program years that remained avail- taged youth.’’; individuals in each local area, compared to able); and (3) in subsection (c)— the total number of unemployed individuals ‘‘(B) the accrued expenditures during such (A) by amending paragraph (2) to read as in all local areas in the State; and prior program year.’’; follows: ‘‘(iii) 331⁄3 percent on the basis of the rel- (C) in paragraph (3)— ‘‘(2) AMOUNT.—The amount available for ative number of disadvantaged youth who (i) by striking ‘‘subsection (b)(3)’’ the first reallotment for a program year is equal to are ages 16 through 21 in each local area, two places it appears and inserting ‘‘sub- the amount by which the unexpended bal- compared to the total number of disadvan- section (b)’’; ance at the end of the program year prior to taged youth who are ages 16 through 21 in all (ii) by striking ‘‘the prior program year’’ the program year for which the determina- local areas in the State. and inserting ‘‘the program year in which tion is made exceeds 30 percent of the total ‘‘(B) MINIMUM AND MAXIMUM PERCENT- the determination is made’’; amount of funds available to the State under AGES.—The Governor shall ensure that no (iii) by striking ‘‘such prior program year’’ this section during such prior program year local area shall receive an allocation for a and inserting ‘‘such program year’’; and (including amounts allotted to the State in fiscal year under this paragraph that is less (iv) by striking the last sentence; and all prior program years that remained avail- than 90 percent or greater than 130 percent of (D) by amending paragraph (4) to read as able). For purposes of this paragraph, the ex- the allocation percentage of the local area follows: pended balance is the amount that is the dif- for the preceding fiscal year. ‘‘(4) ELIGIBILITY.—For purposes of this sub- ference between— ‘‘(C) DEFINITIONS.— section, an eligible local area means a local

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.029 H31OCPT1 cnoel on PRODPC60 with HOUSE H12308 CONGRESSIONAL RECORD — HOUSE October 31, 2007

area which does not have an amount avail- ‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL (v) by amending clause (v) (as so redesig- able for reallocation under paragraph (2) for ATTENDANCE LAWS.—In providing assistance nated) to read as follows: the program year for which the determina- under this section to an individual who is re- ‘‘(v) effective connections to employers, in- tion under paragraph (2) is made.’’. quired to attend school under applicable cluding small employers, in sectors of the (c) YOUTH PARTICIPANT ELIGIBILITY.—Sec- State compulsory school attendance laws, local and regional labor markets experi- tion 129(a) (29 U.S.C. 2854(a)) is amended to the priority in providing such assistance encing high growth in employment opportu- read as follows: shall be for the individual to attend school nities.’’. ‘‘(a) YOUTH PARTICIPANT ELIGIBILITY.— regularly.’’. (2) PROGRAM ELEMENTS.—Section 129(c)(2) ‘‘(1) IN GENERAL.—The individuals partici- (d) STATEWIDE YOUTH ACTIVITIES.—Section (29 U.S.C. 2854(c)(2)) is amended— pating in activities carried out under this 129(b) (29 U.S.C. 2854(b)) is amended to read (A) in subparagraph (A), by striking ‘‘sec- chapter by a local area during any program as follows: ondary school, including dropout prevention year shall be individuals who, at the time ‘‘(b) STATEWIDE ACTIVITIES.— strategies’’ and inserting ‘‘secondary school the eligibility determination is made, are— ‘‘(1) IN GENERAL.—Funds reserved by a Gov- diploma, General Educational Development ‘‘(A) not younger than age 16 or older than ernor for a State as described in sections credential (GED), or other State-recognized age 24; and 128(a) and 133(a)(1) may be used for statewide equivalent (including recognized alternative ‘‘(B) one or more of the following: activities including— standards for individuals with disabilities), ‘‘(i) school dropouts; including dropout prevention strategies’’; ‘‘(ii) recipients of a secondary school di- ‘‘(A) additional assistance to local areas that have high concentrations of eligible (B) in subparagraph (I), by striking ‘‘and’’ ploma, General Educational Development at the end; credential (GED), or other State-recognized youth; (C) in subparagraph (J), by striking the pe- equivalent (including recognized alternative ‘‘(B) supporting the provision of work riod at the end and inserting a semicolon; standards for individuals with disabilities) ready services described in section 134(c)(2) and who are deficient in basic skills and not at- in the one-stop delivery system; (D) by adding at the end the following: tending any school; ‘‘(C) conducting evaluations under section ‘‘(K) on-the-job training opportunities; and ‘‘(iii) court-involved youth attending an al- 136(e) of activities authorized under this ‘‘(L) financial literacy skills.’’. ternative school; chapter and chapter 5 in coordination with (3) ADDITIONAL REQUIREMENTS.—Section ‘‘(iv) youth in foster care or who have been evaluations carried out by the Secretary 129(c)(3)(A) (29 U.S.C. 2854(c)(3)(A)) is amend- in foster care; or under section 172, research, and demonstra- ed in the matter preceding clause (i) by ‘‘(v) in school youth who are low-income tion projects; striking ‘‘or applicant who meets the min- individuals and one or more of the following: ‘‘(D) providing incentive grants to local ‘‘(I) Deficient in literacy skills. areas for regional cooperation among local imum income criteria to be considered an el- ‘‘(II) Homeless, runaway, or foster chil- boards (including local boards in a des- igible youth’’. dren. ignated region as described in section 116(c)), (4) PRIORITY AND EXCEPTIONS.—Section ‘‘(III) Pregnant or parents. for local coordination of activities carried 129(c) (29 U.S.C. 2854(c)) is further amended— ‘‘(IV) Offenders. out under this Act, and for exemplary per- (A) by striking paragraphs (4) and (5) and ‘‘(V) Individuals who require additional as- formance by local areas on the local per- redesignating paragraphs (6) through (8) as sistance to complete an educational pro- formance measures; paragraphs (4) through (6), respectively; and gram, or to secure and hold employment. ‘‘(E) providing technical assistance and ca- (B) in paragraph (5) (as so redesignated), by ‘‘(2) PRIORITY FOR SCHOOL DROPOUTS.—A pacity building to local areas, one-stop oper- striking ‘‘youth councils’’ and inserting priority in the provision of services under ators, one-stop partners, and eligible pro- ‘‘local boards’’. this chapter shall be given to individuals viders, including the development and train- SEC. 422. COMPREHENSIVE PROGRAMS FOR who are school dropouts. ing of staff, the development of exemplary ADULTS. ‘‘(3) LIMITATIONS ON ACTIVITIES FOR IN- program activities, and the provision of (a) TITLE AMENDMENT.— SCHOOL YOUTH.— technical assistance to local areas that fail (1) The title heading of chapter 5 is amend- ‘‘(A) PERCENTAGE OF FUNDS.—For any pro- to meet local performance measures; ed to read as follows: gram year, not more than 50 percent of the ‘‘(F) operating a fiscal and management ‘‘CHAPTER 5—COMPREHENSIVE EMPLOY- funds available for statewide activities under accountability system under section 136(f); MENT AND TRAINING ACTIVITIES FOR subsection (b), and not more than 50 percent and ADULTS’’. of funds available to local areas under sub- ‘‘(G) carrying out monitoring and over- (2) CLERICAL AMENDMENT.—The table of section (c), may be used to provide activities sight of activities under this chapter and contents in section 1(b) is amended by for in-school youth meeting the require- chapter 5. amending the item related to the heading for ments of paragraph (1)(B)(v). ‘‘(2) LIMITATION.—Not more than 5 percent chapter 5 to read as follows: ‘‘(B) EXCEPTION.—A State that receives a of the funds allotted under section 127(b) minimum allotment under section 127(b)(1) shall be used by the State for administrative ‘‘CHAPTER 5—COMPREHENSIVE EMPLOYMENT in accordance with section 127(b)(1)(C)(iv) or activities carried out under this subsection AND TRAINING ACTIVITIES FOR ADULTS’’. under section 132(b)(1) in accordance with and section 133(a). (b) GENERAL AUTHORIZATION.—Section 131 section 132(b)(1)(B)(iv)(II) may increase the ‘‘(3) PROHIBITION.—No funds described in (29 U.S.C. 2861) is amended— percentage described in subparagraph (A) for this subsection or in section 134(a) may be (1) by striking ‘‘paragraphs (1)(B) and (2)(B) a local area in the State, if— used to develop or implement education cur- of’’; and ‘‘(i) after an analysis of the eligible youth ricula for school systems in the State.’’. (2) by striking ‘‘, and dislocated workers,’’. population in the local area, the State deter- (e) LOCAL ELEMENTS AND REQUIREMENTS.— (c) STATE ALLOTMENTS.—Section 132 (29 mines that the local area will be unable to (1) PROGRAM DESIGN.—Section 129(c)(1) (29 U.S.C. 2862) is amended— use at least 50 percent of the funds available U.S.C. 2854(c) (1)) is amended— (1) by amending subsection (a) to read as for activities under subsection (b) or (c) to (A) in the matter preceding subparagraph follows: serve out-of-school youth due to a low num- (A), by striking ‘‘paragraph (2)(A) or (3), as ‘‘(a) IN GENERAL.—The Secretary shall— ber of out-of-school youth; and appropriate, of’’; ‘‘(1) reserve 7.5 percent of the amount ap- ‘‘(ii)(I) the State submits to the Secretary, (B) in subparagraph (B), by inserting ‘‘are propriated under section 137 for a fiscal year, for the local area, a request including a pro- directly linked to one or more of the per- of which— posed increased percentage for purposes of formance measures relating to this chapter ‘‘(A) not less than 85 percent shall be used subparagraph (A), and the summary of the under section 136, and that’’ after ‘‘for each for national dislocated worker grants under eligible youth population analysis; and participant that’’; and section 173; ‘‘(II) the request is approved by the Sec- (C) in subparagraph (C)— ‘‘(B) not more than 10 percent may be used retary. (i) by redesignating clauses (i) through (iv) for demonstration projects under section 171; ‘‘(C) NON-SCHOOL HOURS REQUIRED.— as clauses (ii) through (v), respectively; and ‘‘(i) IN GENERAL.—Except as provided in (ii) by inserting before clause (ii) (as so re- ‘‘(C) not more than 5 percent may be used clause (ii), activities carried out under this designated) the following: to provide technical assistance under section chapter for in-school youth meeting the re- ‘‘(i) activities leading to the attainment of 170; and quirements of paragraph (1)(B)(v) shall only a secondary school diploma, General Edu- ‘‘(2) make allotments from 92.5 percent of be carried out in non-school hours or periods cational Development credential (GED), or the amount appropriated under section 137 when school is not in session (such as before other State-recognized equivalent (including for a fiscal year in accordance with sub- and after school or during recess). recognized alternative standards for individ- section (b).’’; ‘‘(ii) EXCEPTION.—The requirements of uals with disabilities);’’; (2) by amending subsection (b) to read as clause (i) shall not apply to activities carried (iii) in clause (ii) (as so redesignated), by follows: out for in-school youth meeting the require- inserting ‘‘and advanced training’’ after ‘‘op- ‘‘(b) ALLOTMENT AMONG STATES FOR ADULT ments of paragraph (1)(B)(v) during school portunities’’; EMPLOYMENT AND TRAINING ACTIVITIES.— hours that are part of a program that has (iv) in clause (iii) (as so redesignated), by ‘‘(1) RESERVATION FOR OUTLYING AREAS.— demonstrated effectiveness in high school inserting ‘‘that lead to the attainment of ‘‘(A) IN GENERAL.—From the amount made youth attaining diplomas. recognized credentials’’ after ‘‘learning’’; and available under subsection (a)(2) for a fiscal

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.029 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12309 year, the Secretary shall reserve not more total number of unemployed individuals in ference means an allotment difference for a than 1⁄4 of 1 percent to provide assistance to all States; State that is— outlying areas to carry out employment and ‘‘(ii) 25 percent shall be allotted on the ‘‘(aa) in excess of 3 percent of the amount training activities for adults and statewide basis of the relative excess number of unem- described in subparagraph (C)(i)(II); or workforce investment activities. ployed individuals in each State, compared ‘‘(bb) in excess of a percentage established ‘‘(B) RESTRICTION.—The Republic of Palau to the total excess number of unemployed in- by the Secretary that is greater than 3 per- shall cease to be eligible to receive funding dividuals in all States; and cent of the amount described in subpara- under this paragraph upon entering into an ‘‘(iii) 15 percent shall be allotted on the graph (C)(i)(II) if the Secretary determines agreement for extension of United States basis of the relative number of disadvan- that such greater percentage is sufficient to educational assistance under the Compact of taged adults in each State, compared to the carry out subparagraph (A). Free Association (approved by the Compact total number of disadvantaged adults in all ‘‘(ii) USE OF AMOUNTS AVAILABLE UNDER NA- of Free Association Amendments Act of 2003 States. TIONAL RESERVE ACCOUNT.—If the funds avail- (Public Law 108–188)) after the date of enact- ‘‘(B) MINIMUM AND MAXIMUM PERCENT- able under clause (i) are insufficient to carry ment of the Workforce Investment Improve- AGES.— out subparagraph (A), the Secretary shall ment Act of 2007. ‘‘(i) MINIMUM PERCENTAGE.—The Secretary use funds reserved under section 132(a) in such amounts as are necessary to increase ‘‘(2) STATES.—Subject to paragraph (5), of shall ensure that no State shall receive an the remainder of the amount referred to allotment under this paragraph for a fiscal the allotments to States to meet the require- under subsection (a)(2) for a fiscal year that year that is less than 90 percent of the allot- ments of subparagraph (A). Such funds shall be used in the same manner as the States use is available after determining the amount to ment percentage of the State under this the other funds allotted under this sub- be reserved under paragraph (1), the Sec- paragraph for the preceding fiscal year. section. retary shall allot to the States for employ- ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to ‘‘(C) DEFINITION OF ALLOTMENT DIF- ment and training activities for adults and clause (i), the Secretary shall ensure that no FERENCE.— for statewide workforce investment activi- State shall receive an allotment for a fiscal ‘‘(i) IN GENERAL.—For purposes of this ties— year under this paragraph that is more than paragraph, the term ‘allotment difference’ ‘‘(A) 26 percent in accordance with para- 130 percent of the allotment of the State means the difference between— graph (3); and under this paragraph for the preceding fiscal ‘‘(I) the total amount a State would re- ‘‘(B) 74 percent in accordance with para- year. ceive of the amounts available for allotment graph (4). ‘‘(C) SMALL STATE MINIMUM ALLOTMENT.— under subsection (b)(2) for a fiscal year pur- ‘‘(3) BASE FORMULA.— Subject to subparagraph (B), the Secretary suant to paragraphs (3) and (4); and ‘‘(A) FISCAL YEAR 2008.— shall ensure that no State shall receive an ‘‘(II) the total amount the State would re- ‘‘(i) IN GENERAL.—Subject to clause (ii), the allotment under this paragraph that is less ceive of the amounts available for allotment 2 amount referred to in paragraph (2)(A) shall than ⁄10 of 1 percent of the amount available under subsection (b)(2) for the fiscal year if be allotted for fiscal year 2008 on the basis of under subparagraph (A). such amounts were allotted pursuant to the allotment percentage of each State under ‘‘(D) DEFINITIONS.—For the purposes of this unconsolidated formulas (applied as de- section 6 of the Wagner-Peyser Act for fiscal paragraph: scribed in clause (iii)) that were used in al- year 2007. ‘‘(i) ALLOTMENT PERCENTAGE.—The term lotting funds for fiscal year 2007. ‘‘(ii) EXCESS AMOUNTS.—If the amount re- ‘allotment percentage’, used with respect to ‘‘(ii) UNCONSOLIDATED FORMULAS.—For pur- ferred to in paragraph (2)(A) for fiscal year fiscal year 2008 or a subsequent fiscal year, poses of clause (i), the unconsolidated for- 2008 exceeds the amount that was available means a percentage of the amounts described mulas are: for allotment to the States under the Wag- in paragraph (2)(B) that is received through ‘‘(I) The requirements for the allotment of ner-Peyser Act for fiscal year 2007, such ex- an allotment made under this paragraph for funds to the States contained in section cess amount shall be allotted on the basis of the fiscal year. The term, with respect to fis- 132(b)(1)(B) of this Act (as in effect on the the relative number of individuals in the ci- cal year 2007, means the percentage of the day before the date of enactment of the vilian labor force in each State, compared to amounts allotted to States under this chap- Workforce Investment Improvement Act of the total number of individuals in the civil- ter (as in effect on the day before the date of 2007) that were applicable to the allotment of ian labor force in all States, adjusted to en- enactment of the Workforce Investment Im- funds under such section for fiscal year 2007. sure that no State receives less than 3⁄10 of provement Act of 2007) and under reemploy- ‘‘(II) The requirements for the allotment of one percent of such excess amount. ment service grants received by the State in- funds to the States contained in section ‘‘(iii) DEFINITION.—For purposes of this volved for fiscal year 2007. 132(b)(2)(B) of this Act (as in effect on the subparagraph, the term ‘allotment percent- ‘‘(ii) DISADVANTAGED ADULT.—The term day before the date of enactment of the age’ means the percentage of the amounts al- ‘disadvantaged adult’ means an individual Workforce Investment Improvement Act of lotted to States under section 6 of the Wag- who is age 22 through 72 who received an in- 2007) that were applicable to the allotment of ner-Peyser Act that is received by the State come, or is a member of a family that re- funds under such section for fiscal year 2007. involved for fiscal year 2007. ceived a total family income, that, in rela- ‘‘(III) The requirements for the allotment ‘‘(B) FISCAL YEARS 2009 AND THEREAFTER.— tion to family size, does not exceed the pov- of funds to the States that were contained in ‘‘(i) IN GENERAL.—Subject to clause (ii), the erty line. section 6 of the Wagner-Peyser Act (as in ef- amount referred to in paragraph(2)(A) shall ‘‘(iii) EXCESS NUMBER.—The term ‘excess fect on the day before the date of enactment be allotted for fiscal year 2009 and each fiscal number’ means, used with respect to the ex- of the Workforce Investment Improvement year thereafter on the basis of the allotment cess number of unemployed individuals with- Act of 2007) that were applicable to the allot- percentage of each State under this para- in a State, the number that represents the ment of funds under such Act for fiscal year graph for the preceding fiscal year. number of unemployed individuals in excess 2007. ‘‘(ii) EXCESS AMOUNTS.—If the amount re- of 41⁄2 percent of the civilian labor force in ‘‘(IV) The requirements for the allotment ferred to in paragraph (2)(A) for fiscal year the State. of funds to the States that were established 2009 or any fiscal year thereafter exceeds the ‘‘(5) ADJUSTMENTS IN ALLOTMENTS BASED ON by the Secretary for Reemployment Services amount that was available for allotment DIFFERENCES WITH UNCONSOLIDATED FOR- Grants that were applicable to the allotment under this paragraph for the prior fiscal MULAS.— of funds for such grants for fiscal year 2007. year, such excess amount shall be allotted on ‘‘(A) IN GENERAL.—The Secretary shall en- ‘‘(iii) PROPORTIONATE APPLICATION OF UN- the basis of the relative number of individ- sure that for any fiscal year no State has an CONSOLIDATED FORMULAS BASED ON FISCAL uals in the civilian labor force in each State, allotment difference, as defined in subpara- YEAR 2007.—In calculating the amount under compared to the total number of individuals graph (C), that is less than zero. The Sec- clause (i)(II), each of the unconsolidated for- in the civilian labor force in all States, ad- retary shall adjust the amounts allotted to mulas identified in clause (ii) shall be ap- justed to ensure that no State receives less the States under this subsection in accord- plied, respectively, only to the proportionate than 3⁄10 of one percent of such excess ance with subparagraph (B) if necessary to share of the total amount of funds available amount. carry out this subparagraph. for allotment under subsection (b)(2) for a ‘‘(iii) DEFINITION.—For purposes of this ‘‘(B) ADJUSTMENTS IN ALLOTMENTS.— fiscal year that is equal to the proportionate subparagraph, the term ‘allotment percent- ‘‘(i) REDISTRIBUTION OF EXCESS AMOUNTS.— share to which each of the unconsolidated age’ means the percentage of the amounts al- ‘‘(I) IN GENERAL.—If necessary to carry out formulas applied with respect to the total lotted to States under this paragraph in a subparagraph (A), the Secretary shall reduce amount of funds allotted to the States under fiscal year that is received by the State in- the amounts that would be allotted under all of the unconsolidated formulas in fiscal volved for such fiscal year. paragraphs (3) and (4) to States that have an year 2007. ‘‘(4) CONSOLIDATED FORMULA.— excess allotment difference, as defined in ‘‘(iv) RULE OF CONSTRUCTION.—The amounts ‘‘(A) IN GENERAL.—Subject to subpara- subclause (II), by the amount of such excess, used to adjust the allotments to a State graphs (B) and (C), of the amount referred to and use such amounts to increase the allot- under subparagraph (B) for a fiscal year shall in paragraph (2)(B)— ments to States that have an allotment dif- not be included in the calculation of the ‘‘(i) 60 percent shall be allotted on the ference less than zero. amounts under clause (i) for a subsequent basis of the relative number of unemployed ‘‘(II) EXCESS AMOUNTS.—For purposes of fiscal year, including the calculation of allo- individuals in each State, compared to the subclause (I), the term ‘excess’ allotment dif- cation percentages for a preceding fiscal

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.030 H31OCPT1 cnoel on PRODPC60 with HOUSE H12310 CONGRESSIONAL RECORD — HOUSE October 31, 2007 year applicable to paragraphs (3) and (4) and than 90 percent or greater than 130 percent of (i) by striking ‘‘subsection (b)(3)’’ the first to the unconsolidated formulas described in the allocation percentage of the local area two places it appears and inserting ‘‘sub- clause (ii).’’; and for the preceding fiscal year. section (b)’’; (3) in subsection (c)— ‘‘(C) DEFINITIONS.— (ii) by striking ‘‘the prior program year’’ (A) by amending paragraph (2) to read as ‘‘(i) ALLOCATION PERCENTAGE.—The term and inserting ‘‘the program year in which follows: ‘allocation percentage’, used with respect to the determination is made’’; ‘‘(2) AMOUNT.—The amount available for fiscal year 2008 or a subsequent fiscal year, (iii) by striking ‘‘such prior program year’’ reallotment for a program year is equal to means a percentage of the amount described and inserting ‘‘such program year’’; and the amount by which the unexpended bal- in paragraph (1)(A) that is received through (iv) by striking the last sentence; and ance at the end of the program year prior to an allocation made under this paragraph for (D) by amending paragraph (4) to read as the program year for which the determina- the fiscal year. The term, with respect to fis- follows: tion is made exceeds 30 percent of the total cal year 2007, means the percentage of the ‘‘(4) ELIGIBILITY.—For purposes of this sub- amount of funds available to the State under amounts allocated to local areas under this section, an eligible local area means a local this section during such prior program year chapter (as in effect on the day before the area which does not have an amount avail- (including amounts allotted to the State in date of enactment of the Workforce Invest- able for reallocation under paragraph (2) for all prior program years that remained avail- ment Improvement Act of 2007) that is re- the program year for which the determina- able). For purposes of this paragraph, the ex- ceived by the local area involved for fiscal tion under paragraph (2) is made.’’. (e) USE OF FUNDS FOR EMPLOYMENT AND pended balance is the amount that is the dif- year 2007. ference between— TRAINING ACTIVITIES.— ‘‘(ii) DISADVANTAGED ADULT.—The term ‘‘(A) the total amount of funds available to (1) STATEWIDE EMPLOYMENT AND TRAINING ‘disadvantaged adult’ means an individual the State under this section during the pro- ACTIVITIES.—Section 134(a) (29 U.S.C. 2864(a) who is age 22 through 72 who received an in- gram year prior to the program year for is amended to read as follows: come, or is a member of a family that re- which the determination is made (including ‘‘(1) IN GENERAL.— ceived a total family income, that, in rela- amounts allotted to the State in all prior ‘‘(A) REQUIRED USE OF FUNDS.—Not less tion to family size, does not exceed the pov- program years that remained available); and than 60 percent of the funds reserved by a erty line. ‘‘(B) the accrued expenditures during such Governor under section 133(a) shall be used ‘‘(iii) EXCESS NUMBER.—The term ‘excess prior program year.’’; to support One-Stop delivery systems and number’ means, used with respect to the ex- (B) in paragraph (3)— the provision of work ready services, and, in cess number of unemployed individuals with- (i) by striking ‘‘for the prior program addition, may be used to support the provi- in a local area, the number that represents year’’ and inserting ‘‘for the program year in sion of discretionary one-step delivery serv- the number of unemployed individuals in ex- which the determination is made’’; and ices, in local areas, consistent with the local cess of 4.5 percent of the civilian labor force (ii) by striking ‘‘such prior program year’’ plan, through one-stop delivery systems by in the local area. and inserting ‘‘such program year’’; distributing funds to local areas in accord- ‘‘(3) DISCRETIONARY ALLOCATION.—The Gov- (C) by amending paragraph (4) to read as ance with subparagraph (B). Such funds may ernor shall allocate to local areas the follows: be used by States to employ State personnel amounts described in paragraph (1)(B) based ‘‘(4) ELIGIBILITY.—For purposes of this sub- to provide such services in designated local on a formula developed in consultation with section, an eligible State means a State that areas in consultation with local boards. the State board and local boards. Such for- does not have an amount available for real- ‘‘(B) METHOD OF DISTRIBUTING FUNDS.—The mula shall be objective and geographically lotment under paragraph (2) for the program method of distributing funds under this para- equitable and may include such demographic year for which the determination under graph shall be developed in consultation and economic factors as the Governor, after paragraph (2) is made.’’; and with the State board and local boards. Such consultation with the State board and local (D) in paragraph (5), by striking ‘‘obliga- method of distribution, which may include boards, determines are appropriate. tion’’ and inserting ‘‘accrued expenditure’’. the formula established under section (d) WITHIN STATE ALLOCATIONS.—Section ‘‘(4) LOCAL ADMINISTRATIVE COST LIMIT.— 121(h)(3), shall be objective and geographi- 133 (29 U.S.C. 2863) is amended— ‘‘(A) IN GENERAL.—Of the amounts allo- cally equitable, and may include factors (1) by amending subsection (a) to read as cated to a local area under this subsection such as the number of centers in the local follows: and section 128(b) for a fiscal year, not more area that have been certified, the population ‘‘(a) RESERVATION FOR STATEWIDE ACTIVI- than 10 percent of the amount may be used served by such centers, and the performance TIES.—The Governor of a State may reserve by the local boards for the administrative of such centers. up to 40 percent of the total amount allotted costs of carrying out local workforce invest- ‘‘(C) OTHER USE OF FUNDS.—Funds reserved to the State under section 132 for a fiscal ment activities under this chapter or chapter by a Governor for a State— year to carry out the statewide activities de- 4. ‘‘(i) under section 133(a) and not used under scribed in section 134(a).’’; ‘‘(B) USE OF FUNDS.—Funds made available subparagraph (A), may be used for statewide (2) by amending subsection (b) to read as for administrative costs under subparagraph activities described in paragraph (2); and follows: (A) may be used for the administrative costs ‘‘(ii) under section 133(a) and not used ‘‘(b) ALLOCATIONS TO LOCAL AREAS.— of any of the local workforce investment ac- under subparagraph (A), and under section ‘‘(1) IN GENERAL.—Of the amounts allotted tivities described in this chapter or chapter 128(a) may be used to carry out any of the to the State under section 132(b)(2) and not 4, regardless of whether the funds were allo- statewide employment and training activi- reserved under subsection (a)— cated under this subsection or section ties described in paragraph (3). ‘‘(A) 85 percent of such amounts shall be 128(b).’’; ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVI- allocated by the Governor to local areas in (3) in subsection (c)— TIES.—A State shall carry out statewide accordance with paragraph (2); and (A) in paragraph (1), by striking ‘‘para- rapid response activities using funds re- ‘‘(B) 15 percent of such amounts shall be al- graph (2)(A) or (3) of’’; served as described in section 133(a). Such ac- located by the Governor to local areas in ac- (B) by amending paragraph (2) to read as tivities shall include— cordance with paragraph (3). follows: ‘‘(A) provision of rapid response activities, ‘‘(2) ESTABLISHED FORMULA.— ‘‘(2) AMOUNT.—The amount available for carried out in local areas by the State or by ‘‘(A) IN GENERAL.—Of the amounts de- reallocation for a program year is equal to an entity designated by the State, working scribed in paragraph (1)(A), the Governor the amount by which the unexpended bal- in conjunction with the local boards and the shall allocate— ance at the end of the program year prior to chief elected officials in the local areas; and ‘‘(i) 60 percent on the basis of the relative the program year for which the determina- ‘‘(B) provision of additional assistance to number of unemployed individuals in each tion is made exceeds 30 percent of the total local areas that experience disasters, mass local area, compared to the total number of amount of funds available to the local area layoffs or plant closings, or other events unemployed individuals in all local areas in under this section during such prior program that precipitate substantial increases in the the State; year (including amounts allotted to the local number of unemployed individuals, carried ‘‘(ii) 25 percent on the basis of the relative area in prior program years that remain out in local areas by the State, working in excess number of unemployed individuals in available). For purposes of this paragraph, conjunction with the local boards and the each local area, compared to the total excess the unexpended balance is the amount that chief elected officials in the local areas. number of unemployed individuals in all is the difference between— ‘‘(3) STATEWIDE ACTIVITIES.—Funds re- local areas in the State; and ‘‘(A) the total amount of funds available to served by a Governor for a State as described ‘‘(iii) 15 percent shall be allotted on the the local area under this section during the in sections 133(a) and 128(a) may be used for basis of the relative number of disadvan- program year prior to the program year for statewide activities including— taged adults in each local area, compared to which the determination is made (including ‘‘(A) supporting the provision of work the total number of disadvantaged adults in amounts allocated to the local area in all ready services described in section 134(c)(2) all local areas in the State. prior program years that remained avail- in the one-stop delivery system; ‘‘(B) MINIMUM AND MAXIMUM PERCENT- able); and ‘‘(B) implementing innovative programs AGES.—The Governor shall ensure that no ‘‘(B) the accrued expenditures during such and strategies designed to meet the needs of local area shall receive an allocation for a prior program year.’’; all businesses in the State, including small fiscal year under this paragraph that is less (C) by amending paragraph (3)— businesses, which may include incumbent

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.030 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12311 worker training programs, sectoral and in- sections (d) and (e) as subsections (c) and (d), local area, and referral to such services or dustry cluster strategies and partnerships, respectively. assistance as appropriate;’’; and including regional skills alliances, sectoral (4) REQUIRED LOCAL EMPLOYMENT AND (ix) by amending subparagraph (J) to read skills partnerships (in which representatives TRAINING ACTIVITIES.— as follows: of multiple employers for a specific industry (A) ALLOCATED FUNDS.—Section 134(c)(1) (29 ‘‘(J) assistance in establishing eligibility sector or group of related occupations, eco- U.S.C. 2864(c)(1)) (as redesignated by para- for programs of financial aid assistance for nomic development agencies, providers of graph (3)) is amended to read as follows: training and education programs that are training services described in subsection ‘‘(1) IN GENERAL.—Funds allocated to a not funded under this Act and are available (d)(4), labor federations, and other entities local area for adults under section 133(b) in the local area; and’’; and that can provide needed supportive services shall be used— (x) by redesignating subparagraph (K) as tailored to the needs of workers in that sec- ‘‘(A) to establish a one-stop delivery sys- subparagraph (M); and tor or group, for a local area or region, iden- tem as described in section 121(e); (xi) by inserting the following new sub- tify gaps between the current and expected ‘‘(B) to provide the work ready services de- paragraphs after subparagraph (J)): demand and supply of labor and skills in that scribed in paragraph (2) through the one-stop ‘‘(K) the provision of information from of- sector or group for that area or region and delivery system in accordance with such ficial publications of the Internal Revenue develop a strategic skills gap action plan), paragraph; Service, regarding federal tax credits avail- career ladder programs, micro-enterprise and ‘‘(C) to provide training services described able to individuals relating to education, job entrepreneurial training and support pro- in paragraph (4) to adults described in such training and employment, including the grams, utilization of effective business inter- paragraph; and Hope Scholarship Credit and the Lifetime mediaries, activities to improve linkages be- ‘‘(D) to designate a dedicated business liai- Learning Credit (26 U.S.C. 25A), and the tween the one-stop delivery system in the son in the local area who may be funded with Earned Income Tax Credit (26 U.S.C. 32); State and all employers (including small em- funds provided under this title or from other ‘‘(L) services relating to the Work Oppor- ployers) in the State, and other business sources to establish and develop relation- tunity Tax Credit (26 U.S.C. 51); services and strategies that better engage ships and networks with large and small em- ‘‘(M) comprehensive and specialized assess- employers in workforce investment activi- ployers and their intermediaries.’’. ments of the skill levels and service needs of ties and make the workforce investment sys- (B) WORK READY SERVICES.—Section adults and dislocated workers, which may in- tem more relevant to the needs of State and 134(c)(2) (29 U.S.C. 2864(c)(2)) (as redesignated clude— local businesses, consistent with the objec- by paragraph (3)) is amended—— ‘‘(i) diagnostic testing and use of other as- tives of this title; (i) in the heading, by striking ‘‘CORE SERV- sessment tools; and ‘‘(C) conducting evaluations under section ICES’’ and inserting ‘‘WORK READY SERVICES’’; ‘‘(ii) in-depth interviewing and evaluation 136(e) of activities authorized under this (ii) by striking ‘‘core services’’ and insert- to identify employment barriers and appro- chapter and chapter 4 in coordination with ing ‘‘work ready services’’; priate employment goals; evaluations carried out by the Secretary (iii) by striking ‘‘paragraph (1)(A)’’ and in- ‘‘(N) development of an individual employ- under section 172, research, and demonstra- serting ‘‘paragraph (1)(A)(i)’’; ment plan, to identify the employment tion projects; (iv) by striking ‘‘who are adults or dis- goals, appropriate achievement objectives, ‘‘(D) providing incentive grants to local located workers’’; and appropriate combination of services for areas for regional cooperation among local (v) in subparagraph (A), by inserting ‘‘and the participation to achieve the employment boards (including local boards in a des- assistance in obtaining eligibility deter- goals; ignated region as described in section 116(c)), minations under the other one-stop partner ‘‘(O) group counseling; for local coordination of activities carried programs through such activities as assist- ‘‘(P) individual counseling and career plan- out under this Act, and for exemplary per- ing in the submission of applications, the ning; formance by local areas on the local per- provision of information on the results of ‘‘(Q) case management; formance measures; such applications, the provision of intake ‘‘(R) short-term prevocational services, in- ‘‘(E) providing technical assistance and ca- services and information, and, where appro- cluding development of learning skills, com- pacity building to local areas, one-stop oper- priate and consistent with the authorizing munications skills, interviewing skills, ators, one-stop partners, and eligible pro- statute of the one-stop partner program, de- punctuality, personal maintenance skills, viders, including the development and train- terminations of eligibility’’ after ‘‘subtitle’’; and professional conduct, to prepare individ- ing of staff, the development of exemplary (vi) by amending subparagraph (D) to read uals for unsubsidized employment or train- program activities, and the provision of as follows: ing; technical assistance to local areas that fail ‘‘(D) labor exchange services, including— ‘‘(S) internships and work experience; to meet local performance measures; ‘‘(i) job search and placement assistance, ‘‘(T) literacy activities relating to basic ‘‘(F) operating a fiscal and management and where appropriate career counseling; work readiness, information and commu- accountability system under section 136(f); ‘‘(ii) appropriate recruitment services for nication technology literacy activities, and ‘‘(G) carrying out monitoring and over- employers, including small employers, in the financial literacy activities, if such activi- sight of activities carried out under this local area, which may include services de- ties are not available to participants in the chapter and chapter 4; scribed in this subsection, including infor- local area under programs administered ‘‘(H) implementing innovative programs, mation and referral to specialized business under the Adult Education and Family Lit- such as incumbent worker training pro- services not traditionally offered through eracy Act (20 U.S.C. 2901 et seq.); and grams, programs and strategies designed to the one-stop delivery system; and ‘‘(U) out-of-area job search assistance and meet the needs of businesses in the State, in- ‘‘(iii) reemployment services provided to relocation assistance.’’. cluding small businesses, and engage em- unemployment claimants, including claim- (C) DELIVERY OF SERVICES.—Section ployers in workforce activities, and pro- ants identified as in need of such services 134(c)(3) (29 U.S.C. 2864(c)(3) (as redesignated grams serving individuals with disabilities under the worker profiling system estab- by paragraph (3) of this subsection) is consistent with section 188; lished under section 303(j) of the Social Secu- amended to read as follows: ‘‘(I) developing strategies for effectively rity Act (42 U.S.C. 503(j));’’; ‘‘(3) DELIVERY OF SERVICES.—The work serving hard-to-serve populations and for in- (vii) in subparagraph (I), by inserting ‘‘and ready services described in paragraph (M) tegrating programs and services among one- the administration of the work test for the through (U) shall be provided through the stop partners; and unemployment compensation system’’ after one-stop delivery system and may be pro- ‘‘(J) carrying out activities to facilitate re- ‘‘compensation’’; and vided through contracts with public, private mote access to services provided through a (viii) by striking subparagraph (H) and in- for-profit, and private nonprofit service pro- one-stop delivery system, including facili- serting the following: viders, approved by the local board.’’. tating access through the use of technology. ‘‘(H) provision of accurate information, in (D) TRAINING SERVICES.—Section 134(c)(4) ‘‘(4) LIMITATION.—Not more than 5 percent formats that are usable and understandable (as redesignated by paragraph (3) of this sub- of the funds allotted under section 132(b) to all one-stop center customers, relating to section) is amended— shall be used by the State for administrative the availability of supportive services or as- (i) by amending subparagraph (A) to read activities carried out under this subsection sistance, including child care, child support, as follows: and section 128(a).’’. medical or child health assistance under ‘‘(A) IN GENERAL.—Funds allocated to a (2) LOCAL EMPLOYMENT AND TRAINING AC- title XIX or XXI of the Social Security Act local area under section 133(b) shall be used TIVITIES.—Section 134(b) (29 U.S.C. 2864(b)) is (42 U.S.C. 1396 et seq. and 1397aa et seq.), ben- to provide training services to adults who— amended— efits under the Food Stamp Act of 1977 (7 ‘‘(i) after an interview, evaluation, or as- (A) by striking ‘‘under paragraph (2)(A)’’ U.S.C. 2011 et seq.), the earned income tax sessment, and case management, have been and all that follows through ‘‘section credit under section 32 of the Internal Rev- determined by a one-stop operator or one- 133(b)(2)(B)’’ and inserting ‘‘under section enue Code of 1986, and assistance under a stop partner, as appropriate, to— 133(b)’’; and State program funded under part A of title ‘‘(I) be in need of training services to ob- (B) in paragraphs (1) and (2), by striking IV of the Social Security Act (42 U.S.C. 601 tain or retain suitable employment; and ‘‘or dislocated workers, respectively’’. et seq.) and other supportive services and ‘‘(II) have the skills and qualifications to (3) TECHNICAL AMENDMENT.—Section 134 is transportation provided through funds made successfully participate in the selected pro- further amended by redesignating sub- available under such part, available in the gram of training services;

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.030 H31OCPT1 cnoel on PRODPC60 with HOUSE H12312 CONGRESSIONAL RECORD — HOUSE October 31, 2007 ‘‘(ii) select programs of training services (III) in clause (ii)— ‘‘(cc) participation in seminars and classes that are directly linked to the employment (aa) by striking ‘‘an individual training ac- offered in partnership with relevant organi- opportunities in the local area involved or in count’’ and inserting ‘‘a career enhancement zations focusing on the workforce-related another area in which the adults receiving account’’; needs of area employers and job seekers; such services are willing to commute or relo- (bb) in subclause (II), by striking ‘‘indi- ‘‘(dd) training consulting, needs analysis, cate; vidual training accounts’’ and inserting ‘‘ca- and brokering services for area businesses, ‘‘(iii) who meet the requirements of sub- reer enhancement accounts’’; including the organization and aggregation paragraph (B); and (cc) in subclause (II) by striking ‘‘or’’ after of training (which may be paid for with funds ‘‘(iv) who are determined eligible in ac- the semicolon; other than those provided under this title), cordance with the priority system in effect (dd) in subclause (III) by striking the pe- for individual employers and coalitions of under subparagraph (E).’’; riod and inserting ‘‘; or’’; and employers with similar interests, products, (ii) in subparagraph (B)(i), by striking ‘‘Ex- (ee) by adding at the end of the following: or workforce needs; cept’’ and inserting ‘‘Notwithstanding sec- ‘‘(IV) The local board determines that it ‘‘(ee) assistance to area employers in the tion 479B of the Higher Education Act of 1965 would be most appropriate to award a con- aversion of layoffs and in managing reduc- (20 U.S.C. 1087uu) and except’’; tract to an institution of higher education in tions in force in coordination with rapid re- (iii) by amending subparagraph (D) to read order to facilitate the training of multiple as follows: sponse activities; individuals in high-demand occupations, if ‘‘(ff) the marketing of business services of- ‘‘(D) TRAINING SERVICES.—Training services such contract does not limit customer authorized under this paragraph may in- fered under this title, to appropriate area choice.’’. clude— employers, including small and mid-sized (IV) in clause (iv)— ‘‘(i) occupational skills training; employers; (aa) by redesignating subclause (IV) as sub- ‘‘(ii) on-the-job training; ‘‘(gg) information referral on concerns af- clause (V) and inserting after subclause (III) ‘‘(iii) skill upgrading and retraining; fecting local employers; and the following: ‘‘(iv) entrepreneurial training; ‘‘(hh) other business services and strate- ‘‘(IV) Individuals with disabilities.’’. ‘‘(v) education activities leading to a high gies designed to better engage employers in (5) PERMISSIBLE ACTIVITIES.—Section 134(d) school diploma or its equivalent, including a workforce investment activities and to make General Educational Development creden- (as redesignated by paragraph (3)) is amend- the workforce investment system more rel- tial, in combination with, concurrently or ed— evant to the workforce investment needs of subsequently, occupational skills training; (A) by amending paragraph (1) to read as area businesses, as determined by the local ‘‘(vi) adult education and literacy activi- follows: board to be consistent with the objectives of ties provided in conjunction with other ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- this title. training authorized under this subparagraph; TIVITIES.— ‘‘(B) WORK SUPPORT ACTIVITIES FOR LOW- ‘‘(vii) workplace training combined with ‘‘(A) IN GENERAL.—Funds allocated to a WAGE WORKERS.— related instruction; and local area under section 133(b) may be used ‘‘(i) IN GENERAL.—Funds allocated to a ‘‘(viii) occupational skills training that in- to provide, through the one-stop delivery local area under 133(b) may be used to pro- corporates English language acquisition.’’; system— vide, through the one-stop delivery system (iv) by amending subparagraph (E) to read ‘‘(i) customized screening and referral of and in collaboration with the appropriate as follows: qualified participants in training services to programs and resources of the one-stop part- ‘‘(E) PRIORITY.— employers; ners, work support activities designed to as- ‘‘(i) IN GENERAL.—A priority shall be given ‘‘(ii) customized employment-related serv- sist low-wage workers in retaining and en- to unemployed individuals and employed ices to employers on a fee-for-service basis; hancing employment. The one stop partners workers who need training services to retain ‘‘(iii) customer support to navigate among shall coordinate the appropriate programs multiple services and activities for special employment or to advance in a career for the and resources of the partners with the activi- participant populations that face multiple provision of intensive and training services ties and resources provided under this sub- barriers to employment, including individ- under this subsection. paragraph. uals with disabilities; ‘‘(ii) DETERMINATIONS.—The Governor and ‘‘(ii) ACTIVITIES.—The activities described ‘‘(iv) employment and training assistance the appropriate local board shall direct the in clause (i) may include assistance in ac- provided in coordination with child support one-stop operators in the local area with re- cessing financial supports for which such enforcement activities of the State agency gard to making determinations with respect workers may be eligible and the provision of carrying out subtitle D of title IV of the So- to the priority of service under this subpara- activities available through the one-stop de- cial Security Act (42 U.S.C. 651 et seq.); graph.’’; livery system in a manner that enhances the (v) in subparagraph (F), by striking clause ‘‘(v) activities to improve services to local opportunities of such workers to participate, (iii) and inserting the following: employers, including small employers in the such as the provision of employment and ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An local area, and increase linkages between the training activities during nontraditional individual who seeks training services and local workforce investment system and em- hours and the provision of on-site child care who is eligible pursuant to subparagraph (A), ployers; while such activities are being provided.’’; may, in consultation with a case manager, ‘‘(vi) activities to facilitate remote access select an eligible provider of training serv- to services provided through a one-stop de- and ices from the list or identifying information livery system, including facilitating access (B) by adding after paragraph (3) the fol- for providers described in clause (ii)(I). Upon through the use of technology; and lowing new paragraph: such selection, the one-stop operator in- ‘‘(vii) activities to carry out business serv- ‘‘(4) INCUMBENT WORKER TRAINING PRO- volved shall, to the extent practicable, refer ices and strategies that meet the workforce GRAMS.— such individual to the eligible provider of investment needs of local area employers, as ‘‘(A) IN GENERAL.—The local board may use training services, and arrange for payment determined by the local board, consistent up to 10 percent of the funds allocated to a for such services through a career enhance- with the local plan under section 118, which local area under section 133(b) to carry out ment account. services— incumbent worker training programs in ac- ‘‘(iv) COORDINATION.—Each local board ‘‘(I) may be provided through effective cordance with this paragraph. may, through one-stop centers, coordinate business intermediaries working in conjunc- ‘‘(B) TRAINING ACTIVITIES.—The training career enhancement accounts with other tion with the local board, and may also be programs for incumbent workers under this Federal, State, local, or private job training provided on a fee-for-service basis or through paragraph shall be carried out by the local programs or sources to assist the individual the leveraging of economic development and area in conjunction with the employers of in obtaining training services. other resources as determined appropriate by such workers for the purpose of assisting ‘‘(v) ENHANCED CAREER ENHANCEMENT AC- the local board; and such workers in obtaining the skills nec- COUNTS.—Each local board may, through one- ‘‘(II) may include— essary to retain employment and avert lay- stop centers, assist individuals receiving ca- ‘‘(aa) identifying and disseminating to offs. reer enhancement accounts through the es- business, educators, and job seekers, infor- ‘‘(C) EMPLOYER MATCH REQUIRED.— tablishment of such accounts that include, mation related to the workforce, economic ‘‘(i) IN GENERAL.—Employers participating in addition to the funds provided under this and community development needs, and op- in programs under this paragraph shall be re- paragraph, funds from other programs and portunities of the local economy; quired to pay a proportion of the costs of sources that will assist the individual in ob- ‘‘(bb) development and delivery of innova- providing the training to the incumbent taining training services.’’; and tive workforce investment services and workers of the employers. The State board, (vi) in subparagraph (G)— strategies for area businesses, which may in- in consultation with the local board as ap- (I) in the subparagraph heading, by strik- clude sectoral, industry cluster, regional propriate, shall establish the required por- ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- skills alliances, career ladder, skills upgrad- tion of such costs, which may include in- serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; ing, skill standard development and certifi- kind contributions. The required portion (II) in clause (i) by striking ‘‘individual cation, apprenticeship, and other effective shall not be less than— training accounts’’ and inserting ‘‘career en- initiatives for meeting the workforce invest- ‘‘(I) 10 percent of the costs, for employers hancement accounts’’; ment needs of area employers and workers; with 50 or fewer employees;

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In such case, the 100 employees; and dustries’’ after ‘‘economic conditions’’; and Governor shall make a final decision not ‘‘(III) 50 percent of the costs, for employers (III) by inserting ‘‘, such as indicators of later than 30 days after the receipt of the ap- with 100 or more employees. poor work history, lack of work experience, peal.’’. ‘‘(ii) CALCULATION OF MATCH.—The wages dislocation from high-wage employment, low (f) INCENTIVE GRANTS.—Section 136(i) (29 paid by an employer to a worker while they levels of literacy or English proficiency, dis- U.S.C. 2871(i)) is amended to read as follows: are attending training may be included as ability status, including the number of vet- ‘‘(i) INCENTIVE GRANTS FOR STATES AND part of the requirement payment of the em- erans with disabilities, and welfare depend- LOCAL AREAS.— ployer.’’. ency’’ after ‘‘program’’; ‘‘(1) INCENTIVE GRANTS FOR STATES.— (E) by striking clause (v) and redesignating ‘‘(A) IN GENERAL.—From funds appro- SEC. 423. PERFORMANCE ACCOUNTABILITY SYS- clause (vi) as clause (v). priated under section 174, the Secretary may TEM. (4) ADDITIONAL INDICATORS.—Section award incentive grants to States for exem- plary performance in carrying programs (a) STATE PERFORMANCE MEASURES.— 136(b)(3)(B) is amended by striking ‘‘para- under chapters 4 and 5 of this title. Such (1) IN GENERAL.—Section 136(b)(1) (29 U.S.C. graph (2)(C)’’ and inserting ‘‘paragraph awards may be based on States meeting or 2871(b)(1)) is amended— (2)(B)’’. exceeding the performance measures estab- (A) in subparagraph (A)(i), by striking (b) LOCAL PERFORMANCE MEASURES.—Sec- lished under this section, on the performance ‘‘and the customer satisfaction indicator of tion 136(c) (29 U.S.C. 2871(c)) is amended— of the State in serving special populations, performance described in paragraph (2)(B)’’; (1) in paragraph (1)(A)(i), by striking ‘‘, and the customer satisfaction indicator of per- including the levels of service provided and and formance described in subsection (b)(2)(B),’’; the performance outcomes, and such other (B) in subparagraph (A)(ii), by striking (2) in paragraph (1)(A)(ii), by striking ‘‘sub- factors relating to the performance of the ‘‘paragraph (2)(C)’’ and inserting ‘‘paragraph section (b)(2)(C)’’ and inserting ‘‘subsection State under this title as the Secretary deter- (2)(B)’’. (b)(2)(B)’’; and mines is appropriate. (2) INDICATORS OF PERFORMANCE.—Section (3) by amending paragraph (3) to read as ‘‘(B) USE OF FUNDS.—The funds awarded to 136(b)(2) (29 U.S.C. 2871(b)(2)) is amended— follows: a State under this paragraph may be used to (A) in subparagraph (A)(i)— ‘‘(3) DETERMINATIONS.—In determining carry out any activities authorized under (i) by striking ‘‘(except for self-service and such local levels of performance, the local chapters 4 and 5 of this title, including— information activities) and (for participants board, the chief elected official, and the Gov- ‘‘(i) activities that provide technical as- who are eligible youth age 19 through 21) for ernor shall ensure such levels are adjusted sistance to local areas to replicate best prac- youth activities authorized under section based on the specific economic characteris- tices for workforce and education programs; 129’’; tics (such as unemployment rates and job ‘‘(ii) activities that support the needs of (ii) in subclause (II), by striking ‘‘6 months losses or gains in particular industries), de- businesses, especially for incumbent workers after entry into the employment’’ and in- mographic characteristics, or other charac- and enhancing opportunities for retention serting ‘‘and’’ after the semicolon; and teristics of the population to be served in the and advancement; (iii) by striking subclause (III), and insert- local area, such as poor work history, lack of ‘‘(iii) activities that support linkages be- ing the following: work experience, dislocation from high-wage tween the workforce and education pro- ‘‘(III) average earnings from unsubsidized employment, low levels of literacy or grams, and secondary, postsecondary, or ca- employment.’’; English proficiency, disability status, in- reer and technical education programs, in- (B) by striking subclause (IV) of subpara- cluding the number of veterans with disabil- cluding activities under the Carl D. Perkins graph (A)(i); ities, and welfare dependency.’’. Career and Technical Education Act (20 (C) by amending subparagraph (A)(ii) to (c) REPORT.—Section 136(d) (29 U.S.C. U.S.C. 2301 et seq.), the Adult Education and read as follows: 2871(d)) is amended— Family Literacy Act (20 U.S.C. 9201 et seq.), ‘‘(ii) CORE INDICATORS FOR ELIGIBLE (1) in paragraph (1), by striking ‘‘and the and the Rehabilitation Act of 1973 (29 U.S.C. YOUTH.—The core indicators of performance customer satisfaction indicator’’ in both 701 et seq.); for youth activities authorized under section places that it appears; ‘‘(iv) activities that support regional eco- 129 shall consist of— (2) in paragraph (2)— nomic development plans that support high- ‘‘(I) entry into employment, education or (A) in subparagraph (E), by striking ‘‘(ex- wage, high-skill, or high-demand occupa- advanced training, or military service; cluding participants who received only self- tions leading to self-sufficiency; ‘‘(II) attainment of secondary school di- service and informational activities); and’’ ‘‘(v) activities that coordinate the work- ploma, General Educational Development and inserting a semicolon; force and education programs with other credential (GED), or other State-recognized (B) in subparagraph (F), by striking the pe- Federal and State programs related to the equivalent or certificate (including recog- riod and inserting ‘‘; and’’; and workforce and education programs; nized alternative standards for individuals (C) by adding at the end the following: ‘‘(vi) activities that support the develop- with disabilities); and ‘‘(G) the number of participants who have ment of an integrated performance informa- ‘‘(III) literacy or numeracy gains.’’; received services other than followup serv- tion system that includes common measures (D) by striking subparagraph (B); and ices, authorized under this title, in the form for one-stop partner programs described in (E) by redesignating subparagraph (C) as of work ready services described in section section 121; subparagraph (B), and by adding at the end 134(d)(2), and training services described in ‘‘(vii) activities that support activities to of such subparagraph the following new sen- section 134(d)(4), respectively; improve performance in workforce and edu- tence: ‘‘Such indicators may include cus- ‘‘(H) the number of participants who have cation programs and program coordination tomer satisfaction of employers and partici- received followup services authorized under of workforce and education programs; or pants with services received from the work- this title; and ‘‘(viii) activities that leverage additional force investment activities authorized under ‘‘(I) the cost per participant for services training resources, other than those provided this subtitle.’’. authorized under this title.’’; and through workforce and education programs, (3) LEVELS OF PERFORMANCE.—Section (3) by adding at the end the following: for adults and youth. 136(b)(3)(A) (29 U.S.C. 2871(b)(3)(A)) is amend- ‘‘(4) DATA VALIDATION.—In preparing the ‘‘(2) INCENTIVE GRANTS FOR LOCAL AREAS.— ed— reports described in this subsection, the ‘‘(A) IN GENERAL.—From funds reserved (A) in clause (i), by striking ‘‘and the cus- States shall establish procedures, consistent under sections 128(a) and 133(a), the Governor tomer satisfaction indicator described in with guidelines issued by the Secretary, to may award incentive grants to local areas paragraph (2)(B)’’; ensure the information contained in the re- for exemplary performance with respect to (B) in clause (ii), by striking ‘‘and the cus- port is valid and reliable.’’. the measures established under this section tomer satisfaction indicator of performance, (d) SANCTIONS FOR STATE.—Section 136(g) and with the performance of the local area in for the first 3’’ and inserting ‘‘for the 2’’; (29 U.S.C. 2871(g)) is amended— serving special populations, including the (C) in clause (iii)— (1) in paragraph (1)(A), by striking ‘‘or levels of service and the performance out- (i) in the heading, by striking ‘‘FOR FIRST (B)’’; and comes. 3 YEARS’’; and (2) in paragraph (2), by striking ‘‘section ‘‘(B) USE OF FUNDS.—The funds awarded to (ii) by striking ‘‘and the customer satisfac- 503’’ and inserting ‘‘section 136(i)’’. a local area may be used to carry out activi- tion indicator of performance, for the first 3’’ (e) SANCTIONS FOR LOCAL AREAS.—Section ties authorized for local areas under chapters and inserting ‘‘for the 2’’; 136(h) (29 U.S.C. 2871(h)) is amended— 4 and 5 of this title, the Adult Education and (D) in clause (iv)— (1) in paragraph (1), by striking ‘‘or (B)’’; Family Literacy Act, and the Rehabilitation (i) by striking subclause (I); and Act of 1973 (referred to in this subsection as (ii) by redesignating subclauses (II) and (2) by amending paragraph (2)(B) to read as ‘workforce and education programs’), and (III) as subclauses (I) and (II), respectively; follows: such innovative projects or programs that and ‘‘(B) APPEAL TO GOVERNOR.—A local area increase coordination and enhance service to (iii) in subclause (I) (as so redesignated)— that is subject to a reorganization plan participants in such programs, particularly (I) by striking ‘‘taking into account’’ and under subparagraph (A) may, not later than hard-to-serve populations, as may be ap- inserting ‘‘which shall be adjusted based on’’; 30 days after receiving notice of the reorga- proved by the Governor, including—

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‘‘(i) activities that support the needs of (2) by adding after paragraph (2) the fol- ‘‘(2) ELIGIBLE ENTITIES.—Grants under this businesses, especially for incumbent workers lowing: subsection may be awarded to States, local and enhancing opportunities for retention ‘‘(3) EMPLOYERS OUTSIDE OF LOCAL AREAS.— boards, recipients of grants under section 166 and advancement; The industry council may include, or other- (relating to Native American programs), and ‘‘(ii) activities that support linkages be- wise provide for consultation with, employ- public or private entities (including con- tween the workforce and education pro- ers from outside the local area who are like- sortia of such entities) applying in conjunc- grams, and secondary, postsecondary, or ca- ly to hire a significant number of enrollees tion with local boards. reer and technical education programs, in- from the Job Corps center. ‘‘(3) GRANT PERIOD.—The Secretary may cluding activities under the Carl D. Perkins ‘‘(4) SPECIAL RULE FOR SINGLE LOCAL AREA make a grant under this section for a period Career and Technical Education Act (20 STATES.—In the case of a single local area of 1 year and may renew the grants for each U.S.C. 2301 et seq.), the Adult Education and State designated under section 116(b), the in- of the 4 succeeding years. Family Literacy Act (20 U.S.C. 9201 et seq.), dustry council shall include a representative ‘‘(4) AUTHORITY TO REQUIRE MATCH.—The and the Rehabilitation Act of 1973 (29 U.S.C. of the State Board.’’. Secretary may require that grantees under 701 et seq.); (c) INDICATORS OF PERFORMANCE AND ADDI- this subsection provide a non-Federal share ‘‘(iii) activities that support regional eco- TIONAL INFORMATION.—Section 159(c) (29 of the cost of activities carried out under a nomic development plans that support high- U.S.C. 2893(c)) is amended— grant awarded under this subsection. wage, high-skill, or high-demand occupa- (1) by amending paragraph (1) to read as ‘‘(5) PARTICIPANT ELIGIBILITY.—Youth ages tions leading to self-sufficiency; follows: 14 through 19 as of the time the eligibility ‘‘(iv) activities that coordinate the work- ‘‘(1) CORE INDICATORS.—The Secretary shall determination is made may be eligible to force and education programs with other annually establish expected levels of per- participate in activities provided under this Federal and State programs related to the formance for Job Corps centers and the Job subsection. workforce and education programs; Corps program relating to each of the fol- ‘‘(6) USE OF FUNDS.—Funds under this sub- ‘‘(v) activities that support the develop- lowing core indicators of performance for section may be used for activities that are ment of an integrated performance informa- youth— designed to assist youth in acquiring the tion system that includes common measures ‘‘(A) entry into education, employment, skills, credentials and employment experi- for one-stop partner programs described in military service or advanced training; ence that are necessary to succeed in the section 121; ‘‘(B) attainment of a secondary school di- labor market, including the activities identi- ‘‘(vi) activities that support activities to ploma, General Educational Development fied in section 129. The activities may in- improve performance in workforce and edu- credential (GED), or other State-recognized clude activities such as— cation programs and program coordination equivalent; and ‘‘(A) training and internships for out-of- of workforce and education programs; or ‘‘(C) literacy or numeracy gains.’’; and school youth in sectors of the economy expe- ‘‘(vii) activities that leverage additional (2) in paragraph (2), by striking ‘‘meas- riencing or projected to experience high training resources, other than those provided ures’’ each place it appears and inserting growth; through workforce and education programs, ‘‘indicators’’. ‘‘(B) after-school dropout prevention ac- for adults and youth.’’. (d) AUTHORIZATION OF APPROPRIATIONS.— tivities for in-school youth; ‘‘(C) activities designed to assist special (g) USE OF CORE INDICATORS FOR OTHER Section 161 (29 U.S.C. 2901) is amended by youth populations, such as court-involved PROGRAMS.—Section 136 (29 U.S.C. 2871) is striking ‘‘1999 through 2003’’ and inserting further amended by adding at the end the ‘‘2008 through 2012’’. youth and youth with disabilities; and ‘‘(D) activities combining remediation of following subsection: (e) REPEAL OF REQUIREMENT RELATING TO academic skills, work readiness training, ‘‘(j) USE OF CORE INDICATORS FOR OTHER FEDERAL ADMINISTRATION.—Section 102 of and work experience, and including linkages PROGRAMS.—In addition to the programs car- the Departments of Labor, Health and to postsecondary education, apprenticeships, ried out under chapters 4 and 5, and con- Human Services, and Education, and Related and career-ladder employment. sistent with the requirements of the applica- Agencies Appropriations Act, 2006 (Public ‘‘(7) APPLICATIONS.—To be eligible to re- ble authorizing laws, the Secretary shall use Law 109–149) is repealed. ceive a grant under this subsection, an eligi- the core indicators of performance described SEC. 426. NATIVE AMERICAN PROGRAMS. ble entity shall submit an application to the in subsection (b)(2)(A) to assess the effective- (a) ADVISORY COUNCIL.—Section 166(h)(4)(C) Secretary at such time, in such manner, and ness of the programs described under section (29 U.S.C. 2911(h)(4)(C)) is amended to read as containing such information as the Sec- 121(b)(1)(B) that are carried out by the Sec- follows: ‘‘(C) DUTIES.—The Council shall advise the retary may require, including— retary.’’. ‘‘(A) a description of the activities the eli- (h) REPEAL OF DEFINITIONS.—Sections 502 Secretary on the operation and administra- gible entity will provide to eligible youth and 503 (and the items related to such sec- tion of the programs assisted under this sec- under this subsection and how the eligible tions in the table of contents) are repealed. tion.’’. (b) ASSISTANCE TO AMERICAN SAMOANS IN entity will collaborate with State and local SEC. 424. AUTHORIZATION OF APPROPRIATIONS. HAWAII.—Section 166 (29 U.S.C. 2911) is fur- workforce investment systems established (a) YOUTH ACTIVITIES.—Section 137(a) (29 ther amended by striking subsection (j). under this title in the provisions of such ac- U.S.C. 2872(a)) is amended by striking ‘‘such SEC. 427. MIGRANT AND SEASONAL FARM- tivities; sums as may be necessary for each of fiscal WORKER PROGRAMS. ‘‘(B) a description of the programs of dem- years 1999 through 2003’’ and inserting ‘‘such Section 167(d) is amended by inserting onstrated effectiveness on which the provi- sums as may be necessary for each of fiscal ‘‘(including permanent housing)’’ after sion of the activities under subparagraph (A) year 2008 through 2012’’. ‘‘housing’’. are based, and a description of how such ac- (b) ADULT EMPLOYMENT AND TRAINING AC- SEC. 428. VETERANS’ WORKFORCE INVESTMENT tivities will expand the base of knowledge re- TIVITIES.—Section 137(b) (29 U.S.C. 2872(b)) is PROGRAMS. lating to the provision of activities for amended by striking ‘‘section 132(a)(1), such Section 168(a)(3)(C) (29 U.S.C. 2913 (a)(3)(C)) youth; sums as may be necessary for each of fiscal is amended by striking ‘‘section 134(c)’’ and ‘‘(C) a description of the private and pub- years 1999 through 2003’’ and inserting ‘‘sec- inserting ‘‘section 121(e)’’. lic, and local and State resources that will tion 132(a), such sums as may be necessary SEC. 429. YOUTH CHALLENGE GRANTS. be leveraged to provide the activities de- for each of fiscal years 2008 through 2012’’. (a) IN GENERAL.—Section 169 (29 U.S.C. scribed under subparagraph (A) in addition (c) DISLOCATED WORKER EMPLOYMENT AND 2914) is amended to read as follows: to the funds provided under this subsection TRAINING ACTIVITIES.—Section 137 is further ‘‘SEC. 169. YOUTH CHALLENGE GRANTS. and a description of the extent of the in- amended by striking subsection (c). ‘‘(a) IN GENERAL.—Of the amounts reserved volvement of employers in the activities; SEC. 425. JOB CORPS. by the Secretary under section 127(a)(1)(A) and (a) PROGRAM ACTIVITIES.—Section 148(a) is for a fiscal year— ‘‘(D) the levels of performance the eligible amended by striking paragraph (1) and in- ‘‘(1) the Secretary shall use not less than 80 entity expects to achieve with respect to the serting the following: percent to award competitive grants under indicators of performance for youth specified ‘‘(1) IN GENERAL.—Each Job Corps Center subsection (b); and in section 136(b)(2)(A)(ii). shall provide enrollees with an intensive, ‘‘(2) the Secretary may use not more than ‘‘(8) FACTORS FOR AWARD.— well organized, and fully supervised program 20 percent to award discretionary grants ‘‘(A) IN GENERAL.—In awarding grants of education, career training, work experi- under subsection (c). under this subsection the Secretary shall ence, recreational activities, physical reha- ‘‘(b) COMPETITIVE GRANTS TO STATES AND consider— bilitation and development, and counseling. LOCAL AREAS.— ‘‘(i) the quality of the proposed activities; Each Job Corps center shall provide enroll- ‘‘(1) ESTABLISHMENT.—From the funds de- ‘‘(ii) the goals to be achieved; ees assigned to the center with access to scribed in subsection (a)(1), the Secretary ‘‘(iii) the likelihood of successful imple- work ready services described in section shall award competitive grants to eligible mentation; 134(c)(2).’’. entities to carry out activities authorized ‘‘(iv) the extent to which the proposed ac- (b) INDUSTRY COUNCILS.—Section 154(b) (29 under this section to assist eligible youth in tivities are based on proven strategies or the U.S.C. 2894(b)) is amended— acquiring the skills, credentials and employ- extent to which the proposed activities will (1) in paragraph (1)(A), by striking ‘‘local ment experience necessary to succeed in the expand the base of knowledge relating to the and distant’’; and labor market. provision of activities for eligible youth;

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‘‘(v) the extent of collaboration with the this title, peer review activities under this ‘‘(B) NET IMPACT STUDIES AND REPORTS.— State and local workforce investment sys- title, assistance regarding accounting and The Secretary shall conduct studies to deter- tems in carrying out the proposed activities; program operation practices (when such as- mine the net impacts of programs, services, ‘‘(vi) the extent of employer involvement sistance would not be duplicative to assist- and activities carried out under this title. in the proposed activities; ance provided by the State), technical assist- The Secretary shall prepare and disseminate ‘‘(vii) whether there are other Federal and ance to States that do not meet State per- to Congress and the public reports con- non-Federal funds available for similar ac- formance measures described in section 136,’’ taining the results of such studies.’’. tivities to the proposed activities, and the after ‘‘localities,’’; and SEC. 432. COMMUNITY-BASED JOB TRAINING. additional State, local, and private resources (B) by striking ‘‘from carrying out activi- Section 171(d) is amended to read as fol- that will be provided to carry out the pro- ties’’ and all that follows up to the period lows: posed activities; and inserting ‘‘to implement the amend- ‘‘(d) COMMUNITY-BASED JOB TRAINING.— ‘‘(viii) the quality of the proposed activi- ments made by the Workforce Investment ‘‘(1) DEMONSTRATION PROJECT.—In addition ties in meeting the needs of the eligible Improvement Act of 2007’’; and to the demonstration projects under sub- youth to be served; and (5) by inserting, after subsection (c) (as re- section (b), the Secretary may establish and ‘‘(ix) the extent to which the proposed ac- designated by paragraph (3)), the following: implement a national demonstration project tivities will expand on services provided ‘‘(d) BEST PRACTICES COORDINATION.—The designed to develop local solutions to the under section 127. Secretary shall— workforce challenges facing high-growth, ‘‘(B) EQUITABLE GEOGRAPHIC DISTRIBU- ‘‘(1) establish a system through which high-skill industries with labor shortages, TION.—In awarding grants under this sub- States may share information regarding best and increase opportunities for workers to section the Secretary shall ensure an equi- practices with regard to the operation of gain access to employment in high-growth, table distribution of such grants across geo- workforce investment activities under this high-demand occupations by promoting the graphically diverse areas. Act; establishment of partnerships among edu- ‘‘(2) evaluate and disseminate information ‘‘(9) EVALUATION.—The Secretary may re- cation entities, the workforce investment serve up to 5 percent of the funds described regarding best practices and identify knowl- system, and businesses in high-growth, high- in subsection(a)(1) to provide technical as- edge gaps; and skill industries. sistance to, and conduct evaluations of the ‘‘(3) commission research under section ‘‘(2) GRANTS.—In carrying out the dem- projects funded under this subsection (using 171(c) to address knowledge gaps identified onstration project under this subsection, the appropriate techniques as described in sec- under paragraph (2).’’. Secretary shall award competitive grants, in tion 172(c)). SEC. 431. DEMONSTRATION, PILOT, MULTI- accordance with generally applicable Federal SERVICE, RESEARCH AND MULTI- ‘‘(c) DISCRETIONARY GRANTS FOR YOUTH AC- requirements, to eligible entities to carry STATE PROJECTS. TIVITIES.— out activities authorized under this sub- (a) DEMONSTRATION AND PILOT PROJECTS.— ‘‘(1) IN GENERAL.—From the funds described section. Section 171(b) (29 U.S.C. 2916(b)) is amended— in subsection(a)(2), the Secretary may award ‘‘(3) DEFINITIONS.— (1) in paragraph (1)— grants to eligible entities to provide activi- ‘‘(A) ELIGIBLE ENTITY.—In this subsection, (A) by striking ‘‘Under a’’ and inserting ties that will assist youth in preparing for, the term ‘eligible entity’ means a commu- ‘‘Consistent with the priorities specified in and entering and retaining, employment. nity college or consortium of community the’’; colleges that shall work in conjunction ‘‘(2) ELIGIBLE ENTITIES.—Grants under this (B) by amending subparagraphs (A) subsection may be awarded to public or pri- with— through (D) to read as follows: ‘‘(i) the local workforce investment sys- vate entities that the Secretary determines ‘‘(A) projects that assist national employ- tem; and would effectively carry out activities relat- ers in connecting with the workforce invest- ‘‘(ii) business or businesses in a qualified ing to youth under this subsection. ment system established under this title in industry or an industry association in a ‘‘(3) PARTICIPANT ELIGIBILITY.—Youth ages order to facilitate the recruitment and em- qualified industry. 14 through 19 at the time the eligibility de- ployment of needed workers and to provide ‘‘(B) QUALIFIED INDUSTRY.—In this sub- termination is made may be eligible to par- information to such system on skills and oc- section, the term ‘qualified industry’ means ticipate in activities under this subsection. cupations in demand; an industry or economic sector that is pro- ‘‘(4) USE OF FUNDS.—Funds provided under ‘‘(B) projects that promote the develop- jected to experience significant growth, such this subsection may be used for activities ment of systems that will improve the effec- as an industry and economic sector that— that will assist youth in preparing for, and tiveness and efficiency of programs carried ‘‘(i) is projected to add substantial num- entering and retaining, employment, includ- out under this title; bers of new jobs to the economy; ing the activities described in section 129 for ‘‘(C) projects that focus on opportunities ‘‘(ii) has significant impact on the econ- out-of-school youth, activities designed to for employment in industries and sectors of omy; assist in-school youth to stay in school and industries that are experiencing or are likely ‘‘(iii) impacts the growth of other indus- gain work experience, and such other activi- to experience high rates of growth, including tries and economic sectors; ties that the Secretary determines are ap- those relating to information technology; ‘‘(iv) is being transformed by technology propriate. ‘‘(D) projects carried out by States and and innovation requiring new knowledge or ‘‘(5) APPLICATIONS.—To be eligible to re- local areas to test innovative approaches to skill sets for workers; ceive a grant under this subsection, an eligi- delivering employment-related services;’’; ‘‘(v) is a new or emerging industry or eco- ble entity shall submit an application to the (C) by striking subparagraph (E); nomic sector that is projected to grow; or Secretary at such time, in such manner, and (D) by redesignating subparagraphs (F) and ‘‘(vi) has high-skilled occupations and sig- containing such information as the Sec- (G) as subparagraphs (E) and (F), respec- nificant labor shortages in the local area. retary may require. tively; ‘‘(C) COMMUNITY COLLEGE.—As used in this ‘‘(6) ADDITIONAL REQUIREMENTS.—The Sec- (E) in subparagraph (F) (as so redesignated, subsection, the term ‘community college’ retary may require the provision of a non- by striking ‘‘; and’’ and inserting a semi- means an institution of higher education, as Federal share for projects funded under this colon; defined in section 101 of the Higher Edu- subsection and may require participation of (F) by inserting after subparagraph (F) (as cation Act of 1965 (20 U.S.C. 1001), that pro- grantees in evaluations of such projects, in- so redesignated) the following: vides not less than a 2-year program that is cluding evaluations using the techniques as ‘‘(G) projects carried out by States and acceptable for full credit toward a bachelor’s described in section 172(c).’’. local areas to assist adults or out of school degree, or is a tribally controlled college or (b) CLERICAL AMENDMENT.—The table of youth in starting a small business, including university. contents in section 1(b) is amended by training and assistance in business or finan- ‘‘(4) AUTHORITY TO REQUIRE NON-FEDERAL amending the item related to section 169 to cial management or in developing other SHARE.—The Secretary may require that re- read as follows: skills necessary to operate a business;’’; and cipients of grants under this subsection pro- ‘‘Sec. 169. Youth challenge grants.’’. (G) by amending subparagraph (H) to read vide a non-Federal share, from either cash or SEC. 430. TECHNICAL ASSISTANCE. as follows: noncash resources, of the costs of activities Section 170 (29 U.S.C. 2915) is amended— ‘‘(H) projects that focus on opportunities carried out under a grant awarded under this (1) by striking subsection (b); for employment in industries and sectors of subsection. (2) by striking industries that are being transformed by ‘‘(5) USE OF FUNDS.—Grants awarded under ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; technology and innovation requiring new this subsection may be used for— (3) by redesignating paragraphs (1), (2), and knowledge or skill sets for workers, includ- ‘‘(A) the development, by a community (3) as subsections (a), (b), and (c) respec- ing advanced manufacturing; and’’; and college, in consultation with representatives tively, and moving such subsections 2 ems to (2) in paragraph (2)— of qualified industries, of rigorous training the left; (A) by striking subparagraph (B); and and education programs related to employ- (4) in subsection (a) (as redesignated by (B) by redesignating subparagraph (C) as ment in a qualified industry identified in the paragraph (3))— subparagraph (B). eligible entity’s application; (A) by inserting ‘‘the training of staff pro- (b) MULTISERVICE PROJECTS.—Section ‘‘(B) training of adults and dislocated viding rapid response services, the training 171(c)(2)(B) (29 U.S.C. 2916(c)(2)(B)) is amend- workers in the skills and competencies need- of other staff of recipients of funds under ed to read as follows: ed to obtain or upgrade employment in a

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.031 H31OCPT1 cnoel on PRODPC60 with HOUSE H12316 CONGRESSIONAL RECORD — HOUSE October 31, 2007 qualified industry identified in the eligible ‘‘(ii) the ability of an eligible entity to SEC. 435. AUTHORIZATION OF APPROPRIATIONS entity’s application; continue to carry out and expand such ac- FOR NATIONAL ACTIVITIES. ‘‘(C) disseminating to adults and dislocated tivities after the expiration of the grant. (a) IN GENERAL.—Section 174(a)(1) (29 workers, through the one-stop delivery sys- ‘‘(C) DISTRIBUTION OF GRANTS.—In awarding U.S.C. 2919(a)(1)) is amended by striking tem, information on high-growth, high-de- grants under this subsection the Secretary ‘‘1999 through 2003’’ and inserting ‘‘2008 mand occupations in qualified industries; shall ensure an equitable distribution of such through 2012’’. ‘‘(D) placing, through the one-stop delivery grants across geographically diverse areas. (b) RESERVATIONS.—Section 174(b) is system, trained individuals into employment ‘‘(8) PERFORMANCE ACCOUNTABILITY AND amended to read as follows: ‘‘(b) TECHNICAL ASSISTANCE; DEMONSTRA- in qualified industries; and EVALUATION.— TION AND PILOT PROJECTS; EVALUATIONS; IN- ‘‘(E) increasing the integration of commu- ‘‘(A) PERFORMANCE ACCOUNTABILITY.—The CENTIVE GRANTS.— nity colleges with activities of businesses Secretary shall require an eligible entity that receives a grant under this subsection ‘‘(1) DEMONSTRATION AND PILOT PROJECTS.— and the one-stop delivery system to meet the There are authorized to be appropriated to training needs for qualified industries. to report to the Secretary on the employ- ment outcomes obtained by individuals re- carry out section 171, such sums as may be ‘‘(6) APPLICATIONS.—To be eligible to re- necessary for fiscal years 2008 through 2012. ceive a grant under this subsection, an eligi- ceiving training under this subsection using ‘‘(2) TECHNICAL ASSISTANCE, EVALUATIONS.— ble entity shall submit an application to the the indicators of performance identified in the eligible entity’s grant application. There are authorized to be appropriated to Secretary at such time, in such manner, and carry out section 170, section 172, and section containing such information as the Sec- ‘‘(B) EVALUATION.—The Secretary may re- quire that an eligible entity that receives a 136 such sums as may be necessary for each retary may require, including— of fiscal years 2008 through 2012.’’. ‘‘(A) a description of the eligible entity grant under this subsection participate in an evaluation of activities carried out under SEC. 436. REQUIREMENTS AND RESTRICTIONS. that will offer training under the grant; (a) IN GENERAL.—Section 181(c)(2)(A) (29 ‘‘(B) an economic analysis of the local this subsection, including an evaluation using the techniques described in section U.S.C. 2931(c)(2)(A)) is amended in the matter labor market to identify high-growth, high- preceding clause (i) by striking ‘‘shall’’ and demand industries, identify the workforce 172(c).’’. SEC. 433. EVALUATIONS. inserting ‘‘may’’. issues faced by those industries, and poten- (b) LIMITATIONS.—Section 181(e) (29 U.S.C. (a) IMPACT ANALYSIS.—Section 172(a)(4) (29 tial participants in programs funded under 2931(e)) is amended by striking ‘‘training this subsection; U.S.C. 2917(a)(4)) is amended to read as fol- lows: for’’ and inserting ‘‘the entry into employ- ‘‘(C) a description of the qualified industry ment, retention in employment, or increases for which training will occur and the avail- ‘‘(4) the impact of receiving services and not receiving services under such programs in earnings of’’. ability of competencies on which training (c) SALARY CAP.—Section 181 (29 U.S.C. and activities on the community, businesses, will be based and how the grant will help 2931) is further amended by adding at the end and individuals;’’; and workers acquire the competencies and skills the following new subsection: (b) TECHNIQUES.—Section 172(c) (29 U.S.C. necessary for employment; ‘‘(g) SALARY AND BONUS LIMITATION.—No 2917(c)) is amended to read as follows: ‘‘(D) an assurance that the application was ‘‘(c) TECHNIQUES.—Evaluations conducted funds provided under this title shall be used developed in consultation with the local under this section shall utilize appropriate by a recipient or subrecipient of such funds board or boards and businesses, including and rigorous methodology and research de- to pay the salary and bonuses of an indi- small businesses, in the geographic area or signs, including the use of control groups vidual, either as direct costs or indirect areas where the proposed grant will be used; chosen by scientific random assignment costs, at a rate in excess of Level II of the ‘‘(E) performance measures for the grant, methodologies, quasi-experimental methods, Federal Executive Pay Schedule (5 U.S.C. including expected number of individuals to impact analysis and the use of administra- 5313). This limitation shall not apply to ven- be trained in a qualified industry, the em- tive data. The Secretary shall conduct an dors providing goods and services as defined ployment and retention rates for such indi- impact analysis, as described in subsection in OMB Circular A–133. Where States are re- viduals in a qualified industry, and earnings (a)(4), of the formula grant programs under cipients of such funds, States may establish increases for such individuals; subtitle B not later than 2010, and thereafter a lower limit for salaries and bonuses of ‘‘(F) a description of how the activities shall conduct such an analysis not less than those receiving salaries and bonuses from funded by the proposed grant will be coordi- once every four years.’’. subrecipients of such funds, taking into ac- nated with activities provided through the SEC. 434. NATIONAL DISLOCATED WORKER count factors including the relative cost-of- one-stop delivery system in the local area or GRANTS. living in the State, the compensation levels areas; and (a) IN GENERAL.—Section 173 (29 U.S.C. for comparable State or local government ‘‘(G) a description of any local or private 2916) is amended— employees, and the size of the organizations resources that will support the activities (1) by amending the designation and head- that administer the programs.’’. carried out under this subsection and allow ing to read as follows: (d) REPORTS TO CONGRESS.—Section 185 (29 the entity to carry out and expand such ac- ‘‘SEC. 173. NATIONAL DISLOCATED WORKER U.S.C. 2935) is amended— tivities after the expiration of the grant. GRANTS.’’; (1) in subsection (c)— ‘‘(7) FACTORS FOR AWARD OF GRANT.— and (A) in paragraph (2), by striking ‘‘and’’ ‘‘(A) IN GENERAL.—In awarding grants (2) in subsection (a)— after the semicolon; under this subsection the Secretary shall (A) by striking ‘‘national emergency (B) in paragraph (3), by striking the period consider— grants’’ in the matter preceding paragraph and inserting ‘‘; and’’; and ‘‘(i) the extent of public and private col- (1) and inserting ‘‘national dislocated worker (C) by adding at the end the following: laboration, including existing partnerships grants’’; and ‘‘(4) shall have the option to submit or dis- among industries, community colleges, and (B) in paragraph (1), by striking ‘‘sub- seminate electronically any reports, records, the public workforce investment system; section (c)’’ and inserting ‘‘subsection (b)’’. plans, or any other data that are required to ‘‘(ii) the extent to which the grant will (3) by striking subsections (b) and (e) and be collected or disseminated under this provide job seekers with employment oppor- redesignating subsections (c), (d), (f), and (g) title.’’; and tunities in high-growth, high-demand occu- as subsections (b) through (e), respectively; (2) in paragraph (e)(2), by inserting ‘‘and pations; (4) in subsection (b)(1)(B) as so redesig- the Secretary shall submit to the Committee ‘‘(iii) the extent to which the grant will ex- nated), by striking ‘‘, and other entities’’ and on Education and Labor of the House of Rep- pand the eligible entity and local one-stop all that follows and inserting a period; and resentatives and the Committee on Health, delivery system’s capacity to be demand- (5) in subsection (b)(2)(A) (as so redesig- Education, Labor, and Pensions of the Sen- driven and responsive to local economic nated)— ate,’’ after ‘‘Secretary,’’. needs; (A) in clause (iii), by striking ‘‘; or’’ and in- SEC. 437. NONDISCRIMINATION. ‘‘(iv) the extent to which local businesses serting a semicolon; Section 188(a)(2) (29 U.S.C. 2931(a)(2)) is commit to hire or retain individuals who re- (B) in clause (iv)(IV) by striking the period amended to read as follows: ceive training through the grant; and and inserting ‘‘; or’’; and ‘‘(2) PROHIBITION OF DISCRIMINATION RE- ‘‘(v) the extent to which the eligible entity (C) by inserting at the end the following: GARDING PARTICIPATION, BENEFITS, AND EM- commits to make any newly developed prod- ‘‘(v) is the spouse of a member of the PLOYMENT.— ucts, such as competencies or training cur- Armed Forces who is on active duty or full- ‘‘(A) IN GENERAL.—Except as provided in riculum, available for distribution nation- time National Guard duty, or who was re- subparagraph (B), no individual shall be ex- ally. cently separated from such duties, and such cluded from participation in, denied the ben- ‘‘(B) LEVERAGING OF RESOURCES.—In award- spouse is in need of employment and training efits of, subjected to discrimination under, ing grants under this subsection, the Sec- assistance to obtain or retain employment.’’. or denied employment in the administration retary shall also consider— (b) CONFORMING AMENDMENT.—The table of of or in connection with, any such program ‘‘(i) the extent to which local or private re- contents in section 1(b) is amended by or activity because of race, color, religion, sources, in addition to the funds provided amending the item related to section 173 to sex (except as otherwise permitted under under this subsection, will be made available read as follows: title IX of the Education Amendments of to support the activities carried out under ‘‘Sec. 173. National dislocated worker 1972), national origin, age, disability, or po- this subsection; and grants.’’. litical affiliation or belief.

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‘‘(B) EXEMPTION FOR RELIGIOUS ORGANIZA- paragraph (A) shall jointly submit a plan to will provide universal access to work ready TIONS.—Subparagraph (A) shall not apply to the Secretary at such time, in such manner, services as described in section 134(d)(2) of a recipient of financial assistance under this and containing such information as the Sec- this Act; title that is a religious corporation, associa- retary may require, including— ‘‘(IV) the region, in carrying out the inte- tion, educational institution, or society, ‘‘(A) the identification of the multi-county grated workforce development program, will with respect to the employment of individ- region or regions that is to be the focus of comply with the veterans’ priority of service uals of a particular religion to perform work the activities provided under the plan, in- requirement under section 4215 of title 38, connected with the carrying on by such cor- cluding identification of the communities in United States Code; poration, association, educational institu- the region that share common characteris- ‘‘(V) of the funds expended under the inte- tion, or society of its activities. Such recipi- tics, and a description of why the selected grated workforce development program each ents shall comply with the other require- area comprises a regional economy; year, not more than 10 percent of such funds ments contained in subparagraph (A).’’. ‘‘(B) a description of the broad-based re- will be expended on the costs of administra- SEC. 438. ADMINISTRATIVE PROVISIONS. gional partnership that has been created for tion (as defined by the Secretary); (a) PROGRAM YEAR.—Section 189(g)(1) (29 the region identified in subparagraph (A) ‘‘(VI) the services provided under the inte- U.S.C. 2939(g)(1)) is amended to read as fol- representing the major assets of the region, grated workforce development program will lows: consistent with the requirements of para- be coordinated with employment-related ‘‘(1) IN GENERAL.—Appropriations for any graph (3), and that will assist in developing programs not included under the integrated fiscal year for programs and activities car- the economic vision described in subpara- workforce program; ried out under this title shall be available for graph (D), the strategies described in sub- ‘‘(VII) the region, in carrying out the inte- obligation only on the basis of a program paragraph (E), and provide a forum for re- grated workforce development program, will year. The program year shall begin on July gional economic decision-making, including comply with requirements under this title 1 in the fiscal year for which the appropria- a description of the partnership’s involve- relating to wage and labor standards (includ- tion is made.’’. ment, particularly that of representatives of ing nondisplacement provisions), grievance affected local boards and chief elected offi- procedures and judicial review, and non- (b) AVAILABILITY.—Section 189(g)(2) (29 U.S.C. 2939(g)(2)) is amended by striking cials, in the development of the plan; discrimination; ‘‘each State’’ and inserting ‘‘each recipient’’. ‘‘(C) a description of the assets of the re- ‘‘(G) an assurance that each local work- gion identified in subparagraph (A), based on force board and chief elected official in- (c) GENERAL WAIVERS.—Section 189(i)(4) (29 U.S.C. 2939(i)(4)) is amended— a regional assessment, and identification of cluded in the region that will carry out the (1) in subparagraph (A)— the strengths, weaknesses, opportunities, integrated workforce development plan has (A) in the matter preceding clause (i), by and risks based on those assets; approved the plan; inserting ‘‘, or in accordance with subpara- ‘‘(D) a description of an economic vision ‘‘(H) information on the community and graph (D)’’ after ‘‘subparagraph (B)’’; and for the region identified in subparagraph (A), economic development programs, if any, based on the identified strengths and assets that will provide a portion of funds that will (B) by striking clause (ii), the clause (i) described in subparagraph (C), and evidence be integrated to carry out the strategies de- designation and the dash preceding such des- of support for that vision from the broad- scribed in subparagraph (E), in accordance ignation, and moving the remaining text based regional partnership described in sub- with the requirements of paragraph (6), in- flush with the preceding matter; and paragraph (B); cluding— (2) by adding the following subparagraph: ‘‘(E) a description of the talent develop- ‘‘(i) identification of the included commu- ‘‘(D) EXPEDITED PROCESS FOR EXTENDING ment and related strategies that provide a nity and economic development programs; APPROVED WAIVERS TO ADDITIONAL STATES.— blueprint for how to achieve the economic ‘‘(ii) the amount and proportion of the re- In lieu of the requirements of subparagraphs vision for the region as described in subpara- sources available to the State under each (B) and (C), the Secretary may establish an graph (D), including the activities to be car- such program that will be used in the region expedited procedure for the purpose of ex- ried out under this subsection, consistent to carry out the strategies described in sub- tending to additional States the waiver of with paragraphs (5) and (6), and the identi- paragraph (E); statutory or regulatory requirements that fication of specific goals associated with ‘‘(iii) a description of how these resources have been approved for a State pursuant to a those strategies; will be used to assist in accomplishing the request under subparagraph (B). Such proce- ‘‘(F) information on the workforce develop- vision identified in subparagraph (D), includ- dure shall ensure that the extension of such ment programs to be integrated in the re- ing the activities to be carried out; waivers to additional States are accom- gion, in accordance with the requirements of ‘‘(I) in addition to the resources described panied by appropriate conditions relating paragraph (4), into an integrated workforce under subparagraphs (F) and (G), identifica- the implementation of such waivers.’’. development program, including— tion of other resources that will be used to SEC. 439. STATE LEGISLATIVE AUTHORITY. ‘‘(i) identification of the programs to be in- support the strategies of the region described Section 191is amended— tegrated; in subparagraph (E), from a wide range of (1) in subsection (a), by striking ‘‘con- ‘‘(ii) the amount and proportion of the re- sources, including foundations, private in- sistent with the provisions of this title’’ and sources available to the region under each of vestment such as venture capital, and fed- inserting ‘‘consistent with State law and the the integrated programs to carry out the eral, state, and local governments. provisions of this title’’; and strategies described in subparagraph (E); ‘‘(3) BROAD-BASED REGIONAL PARTNERSHIP.— (2) in subsection (a), by striking ‘‘con- ‘‘(iii) a description of how these resources For purposes of this subsection, a broad- sistent with the terms and conditions re- will be used to accomplish the vision identi- based regional partnership— quired under this title’’ and inserting ‘‘con- fied in subparagraph (D), including the serv- ‘‘(A) shall include— sistent with State law and the terms and ices to be provided and how such services ‘‘(i) representatives from each of the local conditions required under this title’’. will be provided, consistent with clause (iv) workforce investment systems in the region SEC. 440. WORKFORCE INNOVATION IN RE- and paragraph (5); identified under paragraph (2)(A), such as the GIONAL ECONOMIC DEVELOPMENT. ‘‘(iv) assurances that in carrying out the chairpersons or executive directors of af- (a) WORKFORCE INNOVATION IN REGIONAL wired plan— fected local workforce investment boards in ECONOMIC DEVELOPMENT.—Section 192 (29 ‘‘(I) the region, through the integrated such region; U.S.C. 2942) is amended to read as follows: workforce development program, will main- ‘‘(ii) representatives of the education sys- ‘‘SEC. 192. WORKFORCE INNOVATION IN RE- tain a local workforce investment board, or tem in the region identified under paragraph GIONAL ECONOMIC DEVELOPMENT. a regional workforce investment board, that (2)(A), including representatives from each of ‘‘(a) WORKFORCE INNOVATION IN REGIONAL is substantially similar to the local work- the following: ECONOMIC DEVELOPMENT PLANS.— force investment boards required under sec- ‘‘(I) The K–12 public school systems; ‘‘(1) IN GENERAL.—The Secretary, in co- tion 117 of this Act, that such board will ‘‘(II) Community colleges; and operation with other federal agency heads carry out functions that are substantially ‘‘(III) Four-year educational institutions; responsible for the administration of pro- similar to those described under section ‘‘(iii) representatives of businesses and in- grams included in plans submitted under this 117(d), and, that such region shall submit to dustry associations in the region identified subsection, may approve Workforce Innova- the State for approval a local plan for the re- under paragraph (2)(A); tion in Regional Economic Development (in gion that is substantially similar to the ‘‘(iv) the chief elected officials from each this subsection referred to as WIRED) plans local plans required under section 118 of this of the affected local areas identified under submitted by a State pursuant to paragraph Act; paragraph (2)(A); and (2) to support the development of regional ‘‘(II) the region, through the integrated ‘‘(v) representatives of local and regional economies in order to foster economic devel- workforce development program, will main- economic development agencies in the region opment, expand employment, and advance- tain a one-stop delivery system that is con- identified under paragraph (2)(A); and ment opportunities for workers and to pro- sistent with the requirements of section 121 ‘‘(B) may include— mote the creation of high-skill and high- of this Act; ‘‘(i) representatives of the philanthropic wage opportunities. ‘‘(III) the region, through the integrated community; ‘‘(2) CONTENTS OF PLAN.—To have a WIRED workforce development program, will serve ‘‘(ii) representatives of postsecondary edu- plan approved under this subsection, a State populations consistent with the populations cation and training providers in addition to and the region or regions identified in sub- served by the programs being integrated, and those described in subparagraph (A)(ii);

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.031 H31OCPT1 cnoel on PRODPC60 with HOUSE H12318 CONGRESSIONAL RECORD — HOUSE October 31, 2007 ‘‘(iii) representatives of private investment ‘‘(iii) developing or purchasing regional ness of activities carried out under this sub- entities such as seed and venture capital or- data tools or systems to deepen under- section and shall require such entities to re- ganizations; investor networks; and entre- standing of the regional economy and labor port to the Secretary on the employment preneurs; market; and outcomes obtained by individuals receiving ‘‘(iv) representatives of faith and commu- ‘‘(iv) integrated regional planning, such as training under this subsection using those nity-based organizations; and increasing the integration of community and core indicators of performance described in ‘‘(v) representatives of such other Federal, technical college activities with activities of section 136(b)(2). state or local entities and organizations that businesses and the public workforce invest- ‘‘(B) REPORTING.—Each State with an ap- may enhance the carrying out of the activi- ment system to meet the training needs of proved plan under this subsection shall en- ties of the partnership. high growth industries in the region. sure that records are maintained and reports ‘‘(4) INTEGRATION OF WORKFORCE DEVELOP- ‘‘(C) appropriate employment-related ac- are submitted, in such form and containing MENT SERVICES AUTHORIZED.— tivities and services authorized under the such information, as the Secretary may re- ‘‘(A) AUTHORIZATION FOR INTEGRATION.—In workforce development programs that are quire regarding the performance of programs carrying out this subsection, the Secretary integrated under the plan in accordance with and activities carried out under this sub- of Labor, in cooperation with the federal paragraphs (2)(F) and (4) that will assist section. agency heads responsible for the administra- achieving the economic vision described in ‘‘(9) TECHNICAL ASSISTANCE AND EVALUA- tion of the workforce development programs paragraph (2)(D) and in implementing the TION.— described in subparagraph (D) that are in- strategies described in paragraph (2)(E). ‘‘(A) TECHNICAL ASSISTANCE.—The Sec- ‘‘(6) INTEGRATION OF COMMUNITY AND ECO- retary shall provide such staff training, tech- cluded in the WIRED plan submitted by the NOMIC DEVELOPMENT FUNDS AUTHORIZED.— nical assistance, and other activities as the State, shall, upon the approval of the plan ‘‘(A) AUTHORIZATION FOR INTEGRATION OF Secretary deems appropriate to support the submitted under paragraph (2), authorize the FUNDS.—In carrying out this subsection, the implementation of this subsection. State to integrate programs as described in Secretary of Labor, in cooperation with the ‘‘(B) EVALUATION.—The Secretary may re- subparagraph (B). federal agency heads responsible for the ad- quire that States with an approved plan ‘‘(B) INTEGRATION.—The authorization ministration of the community and eco- under this subsection to participate in an shall give the State the authority to inte- nomic development programs described in evaluation of activities carried out under grate, in accordance with such approved subparagraph (D) that are included in the this subsection, including an evaluation plan, the federally-funded programs de- WIRED plan submitted by the State, shall, using the techniques described in section scribed in subparagraph (D) that are included upon the approval of the plan submitted 172(c). in the approved plan, in a manner that inte- under paragraph (2), authorize the State to ‘‘(10) PLAN REVIEW.—Upon receipt of a grates those programs into a single, coordi- integrate the portion of the funds from such WIRED plan from the Governor, the Sec- nated, comprehensive workforce develop- programs to assist in implementing such retary shall consult with the Federal agency ment program to achieve the economic vi- plans. head responsible for the administration of sion identified in such plan for the region. ‘‘(B) INTEGRATION.—The authorization any of the programs included in the plan ‘‘(C) EFFECT ON PROGRAM REQUIREMENTS.— shall give the State the authority to inte- pursuant to paragraph (4) or (6). The provisions of the approved grant applica- grate, in accordance with such approved ‘‘(11) FEDERAL RESPONSIBILITIES.— tion and the requirements of this subsection plan, funds provided under programs identi- ‘‘(A) INTERAGENCY MEMORANDUM OF UNDER- shall supersede the requirements of the stat- fied from subparagraph (D) to carry out the STANDING.—Within 90 days following the date utes authorizing the programs included for community and economic development ac- of enactment of this subsection, the Sec- integration in such approved plan, except as tivities described in paragraph (2)(G). retary and the federal agency heads respon- otherwise specified in this subsection. ‘‘(C) EFFECT ON PROGRAM REQUIREMENTS.— sible for programs that could be included in ‘‘(D) INCLUDED WORKFORCE DEVELOPMENT The integrated funds may be used, consistent a plan approved under this subsection pursu- PROGRAMS.— with the description contained in paragraph ant to paragraph (4) or (6) shall enter into an ‘‘(i) MANDATORY PROGRAMS.—A WIRED (2)(G), to carry out any of the activities au- interdepartmental memorandum of agree- plan authorized under this subsection shall thorized under any the programs described in ment providing for the implementation of include the workforce investment activities subparagraph (D) that are included in the WIRED plans with respect to the integration for adults authorized under chapter 5 of sub- plan. of programs and funds administered by each title B. ‘‘(D) INCLUDED COMMUNITY AND ECONOMIC Secretary. ‘‘(ii) ADDITIONAL PROGRAMS.—In addition to DEVELOPMENT PROGRAMS.—The funds that ‘‘(B) INTERAGENCY FUNDS TRANSFERS AU- the integration of the programs described in may be integrated under this paragraph are THORIZED.—The Secretary and the federal clause (i) into a single program, a WIRED funds provided under— agency heads responsible for the programs plan may include integration of one or more ‘‘(i) Community Development Block that are included in a plan approved under of the following programs as part of such sin- Grants authorized under title I of the Hous- paragraph (4) or (6) are authorized to take gle program— ing and Community Development Act of 1974 such action as may be necessary to provide ‘‘(I) the program of workforce investment (42 U.S.C. 5301–5321); for intra-agency or interagency transfers of activities for youth authorized under chapter ‘‘(ii) grants authorized under the Commu- funds otherwise available to a State in order 4 of subtitle B; or nity Services Block Grant Act (42 U.S.C. 9901 to further the purposes of this subsection. ‘‘(II) any of the other required one-stop et seq.); ‘‘(12) ADMINISTRATION OF FUNDS.— partner programs and activities described in ‘‘(iii) Public Works and Economic Develop- ‘‘(A) SEPARATE RECORDS NOT REQUIRED.— section 121(b)(1)(B) of this Act. ment Grants authorized under section 201 of Nothing in this subsection shall be construed ‘‘(5) WORKFORCE DEVELOPMENT ACTIVITIES the Public Works and Economic Develop- as requiring the region to maintain separate TO BE CARRIED OUT UNDER WIRED PLAN.—The ment Act of 1965 (42 U.S.C. 3141); records tracing any services or activities workforce development activities carried out ‘‘(iv) Rural Business Enterprise Grants au- conducted under an approved WIRED plan to under a WIRED plan may include— thorized under the Consolidated Farm and the programs under which funds were origi- ‘‘(A) job training and related activities for Rural Development Act (7 U.S.C. 1932); nally authorized, nor shall the State be re- workers to assist them in gaining the skills ‘‘(v) Rural Business Opportunity Grants quired to allocate expenditures among such and competencies needed to obtain or up- authorized under section 741(a)(11) of the programs. grade employment in industries or economic Federal Agriculture Improvement and Re- ‘‘(B) SINGLE AUDIT ACT.—Nothing in this sectors projected to experience significant form Act of 1996 (42 U.S.C. 1926(a)(11); section shall be construed to interfere with growth in the region identified in paragraph ‘‘(vi) grants authorized under the the ability of the Secretary to fulfill the re- (2)(A), including— Brownfields Economic Development Initia- sponsibilities for the safeguarding of Federal ‘‘(i) activities supporting talent develop- tive; and funds pursuant to the Single Audit Act of ment related to entrepreneurship and small ‘‘(vii) Rural Housing and Economic Devel- 1984. business development; and opment grants. ‘‘(b) AUTHORITY TO CARRY OUT ADDITIONAL ‘‘(ii) the purchase of equipment to train job ‘‘(7) SPECIAL RULE.—If a State elects not to WIRED ACTIVITIES UNDER WIA.— seekers and workers for high-growth occupa- submit a WIRED plan described in paragraph ‘‘(1) AUTHORIZATION FOR USE OF CERTAIN tions; (2) for approval or does not have a plan ap- FUNDS UNDER WIA.—Funds available under ‘‘(B) activities to enhance the training and proved under paragraph (2), the Secretary sections 128(a), 133(a), 171, and 173 of this Act related activities described in subparagraph may approve a WIRED plan submitted by a may be used by recipients and subrecipients (A) and to promote workforce development local workforce investment board or a re- of those funds for WIRED activities, as de- in the region identified in paragraph (2)(A), gional workforce investment board that fined in paragraph (2), in addition to the including— serves a region within such State, if the plan other activities for which such funds are au- ‘‘(i) the development and implementation meets all other requirements of this section. thorized to be used. of model activities, such as developing ap- ‘‘(8) PERFORMANCE MEASURES AND REPORT- ‘‘(2) DEFINITION.—For purposes of this sub- propriate curricula to build core com- ING.— section, WIRED activities include— petencies and train workers in the region; ‘‘(A) PERFORMANCE MEASURES.—The Sec- ‘‘(A) WIRED planning activities, includ- ‘‘(ii) identifying and disseminating career retary shall establish performance measures ing— and skill information relating to the region; that will be used to evaluate the effective- ‘‘(i) defining the regional economy;

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.031 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12319 ‘‘(ii) creating a broad-based regional part- ‘‘TITLE II—ADULT EDUCATION, BASIC form mathematical computations leading to nership that assists in developing the eco- SKILLS, AND FAMILY LITERACY EDU- a level of proficiency equivalent to at least a nomic vision described in clause (iv), the CATION secondary school completion that is provided strategies described in clause (v), and that ‘‘Sec. 201. Short title. for individuals— provides a forum for regional economic deci- ‘‘Sec. 202. Purpose. ‘‘(A) who are at least 16 years of age; sion-making; ‘‘Sec. 203. Definitions. ‘‘(B) who are not enrolled or required to be ‘‘(iii) conducting an assessment of the re- ‘‘Sec. 204. Home schools. enrolled in secondary school under State gional economy to map the assets of a region ‘‘Sec. 205. Authorization of appropriations. law; and and identify the strengths, weaknesses, op- ‘‘(C) who— ‘‘CHAPTER 1—FEDERAL PROVISIONS portunities and risks based on those assets; ‘‘(i) lack sufficient mastery of basic read- ‘‘(iv) developing an economic vision based ‘‘Sec. 211. Reservation of funds; grants to el- ing, writing, speaking, and math skills to en- on those strengths and assets; igible agencies; allotments. able the individuals to function effectively ‘‘(v) developing strategies and cor- ‘‘Sec. 212. Performance accountability sys- in society; responding implementation plans that iden- tem. ‘‘(ii) do not have a secondary school di- tify specific goals and tasks and provides a ‘‘Sec. 213. Incentive grants for States. ploma, General Educational Development blueprint for how to achieve the economic ‘‘CHAPTER 2—STATE PROVISIONS credential (GED), or other State-recognized vision for the region; and ‘‘Sec. 221. State administration. equivalent and have not achieved an equiva- ‘‘(vi) identifying resources to support the ‘‘Sec. 222. State distribution of funds; lent level of education; or plan of the region; matching requirement. ‘‘(iii) are unable to read, write, or speak ‘‘(B) job training and related activities for ‘‘Sec. 223. State leadership activities. the English language. workers to assist them in gaining the skills ‘‘Sec. 224. State plan. ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible and competencies needed to obtain or up- ‘‘Sec. 225. Programs for corrections edu- agency’— grade employment in industries or economic cation and other institutional- ‘‘(A) means the primary entity or agency sectors projected to experience significant ized individuals. in a State or an outlying area responsible for growth in the region, including— administering or supervising policy for adult ‘‘CHAPTER 3—LOCAL PROVISIONS ‘‘(i) activities supporting talent develop- education, basic skills, and family literacy ment related to entrepreneurship and small ‘‘Sec. 231. Grants and contracts for eligible education programs in the State or outlying business development in the region; and providers. area, respectively, consistent with the law of ‘‘(ii) the purchase of equipment to train job ‘‘Sec. 232. Local application. the State or outlying area, respectively; and seekers and workers for high-growth occupa- ‘‘Sec. 233. Local administrative cost limits. ‘‘(B) may be the State educational agency, tions in the region; and ‘‘CHAPTER 4—GENERAL PROVISIONS the State agency responsible for admin- ‘‘(C) activities to enhance training and re- ‘‘Sec. 241. Administrative provisions. istering workforce investment activities, or lated activities and to promote workforce ‘‘Sec. 242. National Institute for Literacy. the State agency responsible for admin- development in the region, including— ‘‘Sec. 243. National leadership activities.’’. istering community or technical colleges. ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- ‘‘(i) the development and implementation SEC. 452. AMENDMENT. of model activities, such as developing ap- ble provider’ means— Title II (29 U.S.C. 2901 et seq.) is amended ‘‘(A) a local educational agency; propriate curricula to build core com- to read as follows: petencies and train workers in the region; ‘‘(B) a community-based or faith-based or- ‘‘TITLE II—ADULT EDUCATION, BASIC ‘‘(ii) identifying and disseminating career ganization of demonstrated effectiveness; SKILLS, AND FAMILY LITERACY EDU- and skill information relating to the region; ‘‘(C) a volunteer literacy organization of CATION ‘‘(iii) developing or purchasing regional demonstrated effectiveness; ‘‘(D) an institution of higher education; data tools or systems to deepen under- ‘‘SEC. 201. SHORT TITLE. ‘‘(E) a public or private educational agen- standing of the regional economy and labor ‘‘This title may be cited as the ‘Adult Edu- cy; market; and cation, Basic Skills, and Family Literacy ‘‘(F) a library; ‘‘(iv) integrated regional planning, such as Education Act’. ‘‘(G) a public housing authority; increasing the integration of community and ‘‘SEC. 202. PURPOSE. ‘‘(H) an institution that is not described in technical college activities with activities of ‘‘It is the purpose of this title to provide any of subparagraphs (A) through (G) and businesses and the public workforce invest- instructional opportunities for adults seek- has the ability to provide adult education, ment system to meet the training needs of ing to improve their literacy skills, includ- basic skills, and family literacy education businesses in the region.’’. ing their basic reading, writing, speaking, programs to adults and families; or SEC. 441. GENERAL PROGRAM REQUIREMENTS. and math skills, and support States and ‘‘(I) a consortium of the agencies, organiza- Section 195 (29 U.S.C. 2945) is amended— local communities in providing, on a vol- tions, institutions, libraries, or authorities (1) in paragraph (7) by inserting at the end untary basis, adult education, basic skills, described in any of subparagraphs (A) the following: and family literacy education programs, in through (H). ‘‘(D) Funds received by a public or private order to— ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- nonprofit entity that are not described in ‘‘(1) increase the literacy of adults, includ- GRAM.—The term ‘English language acquisi- paragraph (B), such as funds privately raised ing the basic reading, writing, speaking, and tion program’ means a program of instruc- from philanthropic foundations, businesses, math skills, to a level of proficiency nec- tion designed to help individuals with lim- or other private entities, shall not be consid- essary for adults to obtain employment and ited English proficiency achieve competence ered to be income under this title and shall self-sufficiency and to successfully advance in reading, writing, and speaking the English not be subject to the requirements of this in the workforce; language. section.’’; ‘‘(2) assist adults in the completion of a ‘‘(5) ESSENTIAL COMPONENTS OF READING IN- (2) by adding at the end the following new secondary school education (or its equiva- STRUCTION.—The term ‘essential components paragraphs: lent) and the transition to a postsecondary of reading instruction’ has the meaning ‘‘(14) Funds provided under this title shall educational institution; given to that term in section 1208 of the Ele- not be used to establish or operate stand- ‘‘(3) assist adults who are parents to enable mentary and Secondary Education Act of alone fee-for-service enterprises that com- them to support the educational develop- 1965. pete with private sector employment agen- ment of their children and make informed ‘‘(6) FAMILY LITERACY EDUCATION PRO- cies within the meaning of section 701(c) of choices regarding their children’s education GRAM.—The term ‘family literacy education the Civil Rights Act of 1964 (42 U.S.C. including, through instruction in basic read- program’ means an educational program 2000e(c)). For purposes of this paragraph, ing, writing, speaking, and math skills; and that— such an enterprise does not include one-stop ‘‘(4) assist immigrants who are not pro- ‘‘(A) assists parents and students, on a vol- centers. ficient in English in improving their reading, untary basis, in achieving the purposes of ‘‘(15) Any report required to be submitted writing, speaking, and math skills and ac- this title as described in section 202; and to Congress, or to a Committee of Congress, quiring an understanding of the American ‘‘(B) is of sufficient intensity in terms of under this title shall be submitted to both free enterprise system, individual freedom, hours and of sufficient duration to make sus- the chairmen and ranking minority members and the responsibilities of citizenship. tainable changes in a family, is based upon of the Committee on Education and Labor of ‘‘SEC. 203. DEFINITIONS. scientifically based research, and, for the the House of Representatives and the Com- ‘‘In this title: purpose of substantially increasing the abil- mittee on Health, Education, Labor, and ‘‘(1) ADULT EDUCATION, BASIC SKILLS, AND ity of parents and children to read, write, Pensions of the Senate.’’. FAMILY LITERACY EDUCATION PROGRAMS.—The and speak English, integrates— Subtitle B—Adult Education, Basic Skills, term ‘adult education, basic skills, and fam- ‘‘(i) interactive literacy activities between and Family Literacy Education ily literacy education programs’ means a se- parents and their children; SEC. 451. TABLE OF CONTENTS. quence of academic instruction and edu- ‘‘(ii) training for parents regarding how to The table of contents in section 1(b) is cational services below the postsecondary be the primary teacher for their children and amended by amending the items relating to level that increase an individual’s ability to full partners in the education of their chil- title II to read as follows: read, write, and speak in English and per- dren;

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.032 H31OCPT1 cnoel on PRODPC60 with HOUSE H12320 CONGRESSIONAL RECORD — HOUSE October 31, 2007 ‘‘(iii) parent literacy training that leads to school is treated as a home school or a pri- public of Palau shall be eligible to receive a economic self-sufficiency; and vate school under State law, or to compel a grant under this title until an agreement for ‘‘(iv) an age-appropriate education to pre- parent engaged in home schooling to partici- the extension of United States education as- pare children for success in school and life pate in an English language acquisition pro- sistance under the Compact of Free Associa- experiences. gram, a family literacy education program, tion for the Republic of Palau becomes effec- ‘‘(7) GOVERNOR.—The term ‘Governor’ or an adult education, basic skills, and fam- tive. means the chief executive officer of a State ily literacy education program. ‘‘(3) ADMINISTRATIVE COSTS.—The Secretary or outlying area. ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. may provide not more than 5 percent of the ‘‘(8) INDIVIDUAL WITH A DISABILITY.— ‘‘There are authorized to be appropriated funds made available for grants under this ‘‘(A) IN GENERAL.—The term ‘individual to carry out this title $590,127,000 for fiscal subsection to pay the administrative costs of with a disability’ means an individual with year 2008 and such sums as may be necessary the Pacific Region Educational Laboratory any disability (as defined in section 3 of the for fiscal years 2009 through 2012. regarding activities assisted under this sub- Americans with Disabilities Act of 1990). ‘‘CHAPTER 1—FEDERAL PROVISIONS section. ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(f) HOLD-HARMLESS PROVISIONS.— term ‘individuals with disabilities’ means ELIGIBLE AGENCIES; ALLOTMENTS. ‘‘(1) IN GENERAL.—Notwithstanding sub- more than one individual with a disability. ‘‘(a) RESERVATION OF FUNDS.—From the section (c), and subject to paragraphs (2) and ‘‘(9) INDIVIDUAL WITH LIMITED ENGLISH PRO- sums appropriated under section 205 for a fis- (3), for fiscal year 2008 and each succeeding FICIENCY.—The term ‘individual with limited cal year, the Secretary— fiscal year, no eligible agency shall receive English proficiency’ means an adult or out- ‘‘(1) shall reserve up to 1.72 percent for in- an allotment under this title that is less of-school youth who has limited ability in centive grants under section 213; than 90 percent of the allotment the eligible reading, writing, speaking, or understanding ‘‘(2) shall reserve 1.75 percent to carry out agency received for the preceding fiscal year the English language, and— section 242; and under this title. ‘‘(A) whose native language is a language ‘‘(3) shall reserve up to 1.55 percent to ‘‘(2) EXCEPTION.—An eligible agency that other than English; or carry out section 243. receives for the preceding fiscal year only an ‘‘(B) who lives in a family or community ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— initial allotment under subsection (c)(1) (and environment where a language other than ‘‘(1) IN GENERAL.—From the sums appro- no additional allotment under subsection English is the dominant language. priated under section 205 and not reserved (c)(2)) shall receive an allotment equal to 100 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— under subsection (a) for a fiscal year, the percent of the initial allotment. The term ‘institution of higher education’ Secretary shall award a grant to each eligi- ‘‘(3) RATABLE REDUCTION.—If for any fiscal has the meaning given to that term in sec- ble agency having a State plan approved year the amount available for allotment tion 101 of the Higher Education Act of 1965. under section 224 in an amount equal to the under this title is insufficient to satisfy the ‘‘(11) LITERACY.—The term ‘literacy’ means sum of the initial allotment under sub- provisions of paragraph (1), the Secretary an individual’s ability to read, write, and section (c)(1) and the additional allotment shall ratably reduce the payments to all eli- speak in English, compute, and solve prob- under subsection (c)(2) for the eligible agen- gible agencies, as necessary. lems at a level of proficiency necessary to cy for the fiscal year, subject to subsections ‘‘(g) REALLOTMENT.—The portion of any el- obtain employment and to successfully make (f) and (g). igible agency’s allotment under this title for the transition to postsecondary education. ‘‘(2) PURPOSE OF GRANTS.—The Secretary a fiscal year that the Secretary determines ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The may award a grant under paragraph (1) only will not be required for the period such allot- term ‘local educational agency’ has the if the eligible agency involved agrees to ex- ment is available for carrying out activities meaning given to that term in section 9101 of pend the grant in accordance with the provi- under this title, shall be available for real- the Elementary and Secondary Education sions of this title. lotment from time to time, on such dates Act of 1965. ‘‘(c) ALLOTMENTS.— during such period as the Secretary shall fix, ‘‘(13) OUTLYING AREA.—The term ‘outlying ‘‘(1) INITIAL ALLOTMENTS.—From the sums to other eligible agencies in proportion to area’ has the meaning given to that term in appropriated under section 205 and not re- the original allotments to such agencies section 101 of this Act. served under subsection (a) for a fiscal year, under this title for such year. ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- the Secretary shall allot to each eligible TION.—The term ‘postsecondary educational agency having a State plan approved under ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- institution’ means— section 224— TEM. ‘‘(A) an institution of higher education ‘‘(A) $100,000, in the case of an eligible ‘‘(a) PURPOSE.—The purpose of this section that provides not less than a 2-year program agency serving an outlying area; and is to establish a comprehensive performance of instruction that is acceptable for credit ‘‘(B) $250,000, in the case of any other eligi- accountability system, composed of the ac- toward a bachelor’s degree; ble agency. tivities described in this section, to assess ‘‘(B) a tribally controlled community col- ‘‘(2) ADDITIONAL ALLOTMENTS.—From the the effectiveness of eligible agencies in lege; or sums appropriated under section 205, not re- achieving continuous improvement of adult ‘‘(C) a nonprofit educational institution of- served under subsection (a), and not allotted education, basic skills, and family literacy fering certificate or apprenticeship programs under paragraph (1), for a fiscal year, the education programs funded under this title, at the postsecondary level. Secretary shall allot to each eligible agency in order to optimize the return on invest- ‘‘(15) READING.—The term ‘reading’ has the that receives an initial allotment under ment of Federal funds in adult education, meaning given to that term in section 1208 of paragraph (1) an additional amount that basic skills, and family literacy education the Elementary and Secondary Education bears the same relationship to such sums as programs. Act of 1965. the number of qualifying adults in the State ‘‘(b) ELIGIBLE AGENCY PERFORMANCE MEAS- ‘‘(16) SCIENTIFICALLY BASED RESEARCH.— or outlying area served by the eligible agen- URES.— The term ‘scientifically based research’ has cy bears to the number of such adults in all ‘‘(1) IN GENERAL.—For each eligible agency, the meaning given to that term in section States and outlying areas. the eligible agency performance measures 9101 of the Elementary and Secondary Edu- ‘‘(d) QUALIFYING ADULT.—For the purpose shall consist of— cation Act of 1965. of subsection (c)(2), the term ‘qualifying ‘‘(A)(i) the core indicators of performance ‘‘(17) SECRETARY.—The term ‘Secretary’ adult’ means an adult who— described in paragraph (2)(A); and means the Secretary of Education. ‘‘(1) is at least 16 years of age; ‘‘(ii) employment performance indicators ‘‘(18) STATE.—The term ‘State’ means each ‘‘(2) is beyond the age of compulsory school identified by the eligible agency under para- of the several States of the United States, attendance under the law of the State or graph (2)(B); and the District of Columbia, and the Common- outlying area; ‘‘(B) an eligible agency adjusted level of wealth of Puerto Rico. ‘‘(3) does not have a secondary school di- performance for each indicator described in ‘‘(19) STATE EDUCATIONAL AGENCY.—The ploma, General Educational Development subparagraph (A). term ‘State educational agency’ has the credential (GED), or other State-recognized ‘‘(2) INDICATORS OF PERFORMANCE.— meaning given to that term in section 9101 of equivalent; and ‘‘(A) CORE INDICATORS OF PERFORMANCE.— the Elementary and Secondary Education ‘‘(4) is not enrolled in secondary school. The core indicators of performance shall in- Act of 1965. ‘‘(e) SPECIAL RULE.— clude the following: ‘‘(20) WORKPLACE LITERACY PROGRAM.—The ‘‘(1) IN GENERAL.—From amounts made ‘‘(i) Measurable improvements in literacy, term ‘workplace literacy program’ means an available under subsection (c) for the Repub- including basic skill levels in reading, writ- educational program that is offered in col- lic of Palau, the Secretary shall award ing, and speaking the English language and laboration between eligible providers and grants to Guam, American Samoa, the Com- basic math, leading to proficiency in each employers or employee organizations for the monwealth of the Northern Mariana Islands, skill. purpose of improving the productivity of the or the Republic of Palau to carry out activi- ‘‘(ii) Receipt of a secondary school di- workforce through the improvement of read- ties described in this title in accordance with ploma, General Educational Development ing, writing, speaking, and math skills. the provisions of this title as determined by credential (GED), or other State-recognized ‘‘SEC. 204. HOME SCHOOLS. the Secretary. equivalent. ‘‘Nothing in this title shall be construed to ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- ‘‘(iii) Placement in postsecondary edu- affect home schools, whether or not a home standing any other provision of law, the Re- cation or other training programs.

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‘‘(B) EMPLOYMENT PERFORMANCE INDICA- of performance agreed to under clause (iii) or and contracts under section 231 and to carry TORS.—Consistent with applicable Federal (v) be revised. out section 225, of which not more than 10 and State privacy laws, an eligible agency ‘‘(B) LEVELS OF EMPLOYMENT PERFORM- percent of such amount shall be available to shall identify in the State plan the following ANCE.—The eligible agency shall identify, in carry out section 225; individual participant employment perform- the State plan, eligible agency levels of per- ‘‘(2) shall use not more than 12.5 percent of ance indicators: formance for each of the employment per- the grant funds to carry out State leadership ‘‘(i) Entry into employment. formance indicators described in paragraph activities under section 223; and ‘‘(ii) Retention in employment. (2)(B). Such levels shall be considered to be ‘‘(3) shall use not more than 5 percent of ‘‘(iii) Increase in earnings. eligible agency adjusted levels of perform- the grant funds, or $75,000, whichever is ‘‘(3) LEVELS OF PERFORMANCE.— ance for purposes of this title. greater, for the administrative expenses of ‘‘(A) ELIGIBLE AGENCY ADJUSTED LEVELS OF ‘‘(c) DEFINITIONS FOR INDICATORS OF the eligible agency. PERFORMANCE FOR CORE INDICATORS.— PERFOMANCE.—In order to ensure com- ‘‘(b) MATCHING REQUIREMENT.— ‘‘(i) IN GENERAL.—For each eligible agency parability of performance data across States, ‘‘(1) IN GENERAL.—In order to receive a submitting a State plan, there shall be es- the Secretary shall issue definitions for the grant from the Secretary under section tablished, in accordance with this subpara- indicators of performance under paragraph 211(b), each eligible agency shall provide, for graph, levels of performance for each of the (2). the costs to be incurred by the eligible agen- core indicators of performance described in ‘‘(d) REPORT.— cy in carrying out the adult education, basic paragraph (2)(A) for adult education, basic ‘‘(1) IN GENERAL.—Each eligible agency skills, and family literacy education pro- skills, and family literacy education pro- that receives a grant under section 211(b) grams for which the grant is awarded, a non- grams authorized under this title. The levels shall annually prepare and submit to the Federal contribution in an amount at least of performance established under this sub- Secretary, the Governor, the State legisla- equal to— paragraph shall, at a minimum— ture, and eligible providers a report on the ‘‘(A) in the case of an eligible agency serv- ‘‘(I) be expressed in an objective, quantifi- progress of the eligible agency in achieving ing an outlying area, 12 percent of the total able, and measurable form; and eligible agency performance measures, in- amount of funds expended for adult edu- ‘‘(II) show the progress of the eligible agen- cluding the following: cation, basic skills, and family literacy edu- cy toward continuously and significantly im- ‘‘(A) Information on the levels of perform- cation programs in the outlying area, except proving the agency’s performance outcomes ance achieved by the eligible agency with re- that the Secretary may decrease the amount in an objective, quantifiable, and measurable spect to the core indicators of performance of funds required under this subparagraph for form. and employment performance indicators. an eligible agency; and ‘‘(ii) IDENTIFICATION IN STATE PLAN.—Each ‘‘(B) The number and type of each eligible ‘‘(B) in the case of an eligible agency serv- eligible agency shall identify, in the State provider that receives funding under such ing a State, 25 percent of the total amount of plan submitted under section 224, expected grant. funds expended for adult education, basic levels of performance for each of the core in- ‘‘(2) INFORMATION DISSEMINATION.—The Sec- skills, and family literacy education pro- dicators of performance for the first 3 pro- retary— grams in the State. gram years covered by the State plan. ‘‘(A) shall make the information contained ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- ‘‘(iii) AGREEMENT ON ELIGIBLE AGENCY AD- in such reports available to the general pub- ble agency’s non-Federal contribution re- JUSTED LEVELS OF PERFORMANCE FOR FIRST 3 lic through publication (including on the quired under paragraph (1) may be provided YEARS.—In order to ensure an optimal return Internet site of the Department of Edu- in cash or in kind, fairly evaluated, and shall on the investment of Federal funds in adult cation) and other appropriate methods; include only non-Federal funds that are used education, basic skills, and family literacy ‘‘(B) shall disseminate State-by-State com- for adult education, basic skills, and family education programs authorized under this parisons of the information; and literacy education programs in a manner title, the Secretary and each eligible agency ‘‘(C) shall provide the appropriate commit- that is consistent with the purpose of this shall reach agreement on levels of student tees of the Congress with copies of such re- title. performance for each of the core indicators ports. ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. of performance, for the first 3 program years ‘‘SEC. 213. INCENTIVE GRANTS FOR STATES. ‘‘(a) IN GENERAL.—Each eligible agency covered by the State plan, taking into ac- ‘‘(a) IN GENERAL.—From funds appro- may use funds made available under section count the levels identified in the State plan priated under section 211(a)(1), the Secretary 222(a)(2) for any of the following adult edu- under clause (ii) and the factors described in may award grants to States for exemplary cation, basic skills, and family literacy edu- clause (iv). The levels agreed to under this performance in carrying out programs under cation programs: clause shall be considered to be the eligible this title. Such awards shall be based on ‘‘(1) The establishment or operation of pro- agency adjusted levels of performance for States exceeding the core indicators of per- fessional development programs to improve the eligible agency for such years and shall formance established under section the quality of instruction provided pursuant be incorporated into the State plan prior to 212(b)(2)(A) and may be based on the perform- to local activities required under section the approval of such plan. ance of the State in serving populations, 231(b), including instruction incorporating ‘‘(iv) FACTORS.—The agreement described such as those described in section 224(b)(10), the essential components of reading instruc- in clause (iii) or (v) shall take into account— including the levels of service provided and tion and instruction provided by volunteers ‘‘(I) how the levels involved compare with the performance outcomes, and such other or by personnel of a State or outlying area. the eligible agency’s adjusted levels of per- factors relating to the performance of the ‘‘(2) The provision of technical assistance formance, taking into account factors in- State under this title as the Secretary deter- to eligible providers of adult education, basic cluding the characteristics of participants mines appropriate. skills, and family literacy education pro- when the participants entered the program; ‘‘(b) USE OF FUNDS.—The funds awarded to grams, including for the development and and a State under this paragraph may be used to dissemination of scientifically based re- ‘‘(II) the extent to which such levels pro- carry out any activities authorized under search instructional practices in reading, mote continuous and significant improve- this title, including demonstrations and in- writing, speaking, math, and English lan- ment in performance on the student pro- novative programs for hard-to-serve popu- guage acquisition programs. ficiency measures used by such eligible agen- lations. ‘‘(3) The provision of assistance to eligible cy and ensure optimal return on the invest- ‘‘CHAPTER 2—STATE PROVISIONS providers in developing, implementing, and ment of Federal funds. ‘‘SEC. 221. STATE ADMINISTRATION. reporting measurable progress in achieving ‘‘(v) AGREEMENT ON ELIGIBLE AGENCY AD- ‘‘Each eligible agency shall be responsible the objectives of this title. JUSTED LEVELS OF PERFORMANCE FOR SECOND for the following activities under this title: ‘‘(4) The provision of technology assist- 3 YEARS.—Prior to the fourth program year ‘‘(1) The development, submission, imple- ance, including staff training, to eligible pro- covered by the State plan, the Secretary and mentation, and monitoring of the State plan. viders of adult education, basic skills, and each eligible agency shall reach agreement ‘‘(2) Consultation with other appropriate family literacy education programs, includ- on levels of student performance for each of agencies, groups, and individuals that are in- ing distance learning activities, to enable the core indicators of performance for the volved in, or interested in, the development the eligible providers to improve the quality fourth, fifth, and sixth program years cov- and implementation of activities assisted of such activities. ered by the State plan, taking into account under this title. ‘‘(5) The development and implementation the factors described in clause (iv). The lev- ‘‘(3) Coordination and avoidance of duplica- of technology applications or distance learn- els agreed to under this clause shall be con- tion with other Federal and State education, ing, including professional development to sidered to be the eligible agency adjusted training, corrections, public housing, and so- support the use of instructional technology. levels of performance for the eligible agency cial service programs. ‘‘(6) Coordination with other public pro- for such years and shall be incorporated into ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; grams, including welfare-to-work, workforce the State plan. MATCHING REQUIREMENT. development, and job training programs. ‘‘(vi) REVISIONS.—If unanticipated cir- ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each ‘‘(7) Coordination with existing support cumstances arise in a State resulting in a eligible agency receiving a grant under this services, such as transportation, child care, significant change in the factors described in title for a fiscal year— and other assistance designed to increase clause (iv)(I), the eligible agency may re- ‘‘(1) shall use an amount not less than 82.5 rates of enrollment in, and successful com- quest that the eligible agency adjusted levels percent of the grant funds to award grants pletion of, adult education, basic skills, and

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.032 H31OCPT1 cnoel on PRODPC60 with HOUSE H12322 CONGRESSIONAL RECORD — HOUSE October 31, 2007 family literacy education programs, for family literacy education programs in the education, basic skills, and family literacy adults enrolled in such activities. State or outlying area; education programs; ‘‘(8) The development and implementation ‘‘(5) an assurance that the eligible agency ‘‘(13) an assessment of the adequacy of the of a system to assist in the transition from will, in addition to meeting all of the other system of the State or outlying area to en- adult basic education to postsecondary edu- requirements of this title, award not less sure teacher quality and a description of how cation. than one grant under this title to an eligible the State or outlying area will use funds re- ‘‘(9) Activities to promote workplace lit- provider that— ceived under this subtitle to improve teacher eracy programs. ‘‘(A) offers flexible schedules and necessary quality, including professional development ‘‘(10) Activities to promote and com- support services (such as child care and on the use of scientifically based research to plement local outreach initiatives described transportation) to enable individuals, includ- improve instruction; and in section 243(7). ing individuals with disabilities, or individ- ‘‘(14) a description of how the eligible agen- ‘‘(11) Other activities of statewide signifi- uals with other special needs, to participate cy will consult with any State agency re- cance, including assisting eligible providers in adult education, basic skills, and family sponsible for postsecondary education to de- in achieving progress in improving the skill literacy education programs; and velop adult education that prepares students levels of adults who participate in programs ‘‘(B) attempts to coordinate with support to enter postsecondary education without under this title. services that are not provided under this the need for remediation upon completion of ‘‘(12) Integration of literacy, instructional, title prior to using funds for adult education, secondary school equivalency programs. and occupational skill training and pro- basic skills, and family literacy education ‘‘(c) PLAN REVISIONS.—When changes in motion of linkages with employees. programs provided under this title for sup- conditions or other factors require substan- ‘‘(b) COORDINATION.—In carrying out this port services; tial revisions to an approved State plan, the section, eligible agencies shall coordinate ‘‘(6) an assurance that the funds received eligible agency shall submit the revisions of where possible, and avoid duplicating efforts, under this title will not be expended for any the State plan to the Secretary. in order to maximize the impact of the ac- purpose other than for activities under this ‘‘(d) CONSULTATION.—The eligible agency tivities described in subsection (a). title; shall— ‘‘(c) STATE-IMPOSED REQUIREMENTS.— ‘‘(7) a description of how the eligible agen- ‘‘(1) submit the State plan, and any revi- Whenever a State or outlying area imple- cy will fund local activities in accordance sions to the State plan, to the Governor, the ments any rule or policy relating to the ad- with the measurable goals described in sec- chief State school officer, or the State offi- ministration or operation of a program au- tion 231(d); cer responsible for administering community thorized under this title that has the effect ‘‘(8) an assurance that the eligible agency or technical colleges, or outlying area for re- of imposing a requirement that is not im- will expend the funds under this title only in view and comment; and posed under Federal law (including any rule a manner consistent with fiscal require- ‘‘(2) ensure that any comments regarding or policy based on a State or outlying area ments in section 241; the State plan by the Governor, the chief interpretation of a Federal statute, regula- ‘‘(9) a description of the process that will State school officer, or the State officer re- tion, or guideline), the State or outlying be used for public participation and com- sponsible for administering community or area shall identify, to eligible providers, the ment with respect to the State plan, which technical colleges, and any revision to the rule or policy as being imposed by the State process— State plan, are submitted to the Secretary. or outlying area. ‘‘(A) shall include consultation with the ‘‘(e) PLAN APPROVAL.—A State plan sub- ‘‘SEC. 224. STATE PLAN. State workforce investment board, the State mitted to the Secretary shall be approved by ‘‘(a) 6-YEAR PLANS.— board responsible for administering commu- the Secretary only if the plan is consistent ‘‘(1) IN GENERAL.—Each eligible agency de- nity or technical colleges, the Governor, the with the specific provisions of this title. siring a grant under this title for any fiscal State educational agency, the State board or year shall submit to, or have on file with, agency responsible for administering block ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- CATION AND OTHER INSTITU- the Secretary a 6-year State plan. grants for temporary assistance to needy TIONALIZED INDIVIDUALS. ‘‘(2) COMPREHENSIVE PLAN OR APPLICA- families under title IV of the Social Security ‘‘(a) PROGRAM AUTHORIZED.—From funds TION.—The eligible agency may submit the Act, the State council on disabilities, the made available under section 222(a)(1) for a State plan as part of a comprehensive plan State vocational rehabilitation agency, fiscal year, each eligible agency shall carry or application for Federal education assist- other State agencies that promote the im- out corrections education and education for ance. provement of adult education, basic skills, other institutionalized individuals. ‘‘(b) PLAN CONTENTS.—The eligible agency and family literacy education programs, and shall include in the State plan or any revi- direct providers of such programs; and ‘‘(b) USES OF FUNDS.—The funds described sions to the State plan— ‘‘(B) may include consultation with the in subsection (a) shall be used for the cost of ‘‘(1) an objective assessment of the needs of State agency on higher education, institu- educational programs for criminal offenders individuals in the State or outlying area for tions responsible for professional develop- in correctional institutions and for other in- adult education, basic skills, and family lit- ment of adult education, basic skills, and stitutionalized individuals, including aca- eracy education programs, including individ- family literacy education programs instruc- demic programs for— uals most in need or hardest to serve; tors, representatives of business and indus- ‘‘(1) basic skills education; ‘‘(2) a description of the adult education, try, refugee assistance programs, and faith- ‘‘(2) special education programs as deter- basic skills, and family literacy education based organizations; mined by the eligible agency; programs that will be carried out with funds ‘‘(10) a description of the eligible agency’s ‘‘(3) reading, writing, speaking, and math received under this title; strategies for serving populations that in- programs; and ‘‘(3) a description of how the eligible agen- clude, at a minimum— ‘‘(4) secondary school credit or diploma cy will evaluate and measure annually the ‘‘(A) low-income individuals; programs or their recognized equivalent. effectiveness and improvement of the adult ‘‘(B) individuals with disabilities; ‘‘(c) PRIORITY.—Each eligible agency that education, basic skills, and family literacy ‘‘(C) the unemployed; is using assistance provided under this sec- education programs based on the perform- ‘‘(D) the underemployed; and tion to carry out a program for criminal of- ance measures described in section 212 in- ‘‘(E) individuals with multiple barriers to fenders within a correctional institution cluding— educational enhancement, including individ- shall give priority to serving individuals who ‘‘(A) how the eligible agency will evaluate uals with limited English proficiency; are likely to leave the correctional institu- and measure annually such effectiveness on ‘‘(11) a description of how the adult edu- tion within 5 years of participation in the a grant-by-grant basis; and cation, basic skills, and family literacy edu- program. ‘‘(B) how the eligible agency— cation programs that will be carried out ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(i) will hold eligible providers account- with any funds received under this title will tion: able regarding the progress of such providers be integrated with other adult education, ca- ‘‘(1) CORRECTIONAL INSTITUTION.—The term in improving the academic achievement of reer development, and employment and ‘correctional institution’ means any— participants in adult education programs training activities in the State or outlying ‘‘(A) prison; under this title and regarding the core indi- area served by the eligible agency; ‘‘(B) jail; cators of performance described in section ‘‘(12) a description of the steps the eligible ‘‘(C) reformatory; 212(b)(2)(A); and agency will take to ensure direct and equi- ‘‘(D) work farm; ‘‘(ii) will use technical assistance, sanc- table access, as required in section 231(c)(1), ‘‘(E) detention center; or tions, and rewards (including allocation of including— ‘‘(F) halfway house, community-based re- grant funds based on performance and termi- ‘‘(A) how the State will build the capacity habilitation center, or any other similar in- nation of grant funds based on nonperform- of community-based and faith-based organi- stitution designed for the confinement or re- ance); zations to provide adult education, basic habilitation of criminal offenders. ‘‘(4) a description of the performance meas- skills, and family literacy education pro- ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- ures described in section 212 and how such grams; and nal offender’ means any individual who is performance measures have significantly im- ‘‘(B) how the State will increase the par- charged with, or convicted of, any criminal proved adult education, basic skills, and ticipation of business and industry in adult offense.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.032 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12323 ‘‘CHAPTER 3—LOCAL PROVISIONS ondary educational institutions, one-stop funds expended for adult education, basic ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- centers, job training programs, community- skills, and family literacy education pro- BLE PROVIDERS. based and faith-based organizations, and so- grams. ‘‘(a) GRANTS AND CONTRACTS.—From grant cial service agencies; ‘‘(b) MAINTENANCE OF EFFORT.— funds made available under section 211(b), ‘‘(10) the activities offer flexible schedules ‘‘(1) IN GENERAL.— each eligible agency shall award multiyear and support services (such as child care and ‘‘(A) DETERMINATION.—An eligible agency grants or contracts, on a competitive basis, transportation) that are necessary to enable may receive funds under this title for any to eligible providers within the State or out- individuals, including individuals with dis- fiscal year if the Secretary finds that the fis- lying area that meet the conditions and re- abilities or other special needs, to attend and cal effort per student or the aggregate ex- quirements of this title to enable the eligible complete programs; penditures of such eligible agency for activi- providers to develop, implement, and im- ‘‘(11) the activities include a high-quality ties under this title, in the second preceding prove adult education, basic skills, and fam- information management system that has fiscal year, were not less than 90 percent of ily literacy education programs within the the capacity to report measurable partici- the fiscal effort per student or the aggregate State. pant outcomes and to monitor program per- expenditures of such eligible agency for ‘‘(b) LOCAL ACTIVITIES.—The eligible agen- formance against the performance measures adult education, basic skills, and family lit- cy shall require eligible providers receiving a established by the eligible agency; eracy education programs, in the third pre- grant or contract under subsection (a) to es- ‘‘(12) the local communities have a dem- ceding fiscal year. tablish or operate one or more programs of onstrated need for additional English lan- ‘‘(B) PROPORTIONATE REDUCTION.—Subject instruction that provide services or instruc- guage acquisition programs; to paragraphs (2), (3), and (4), for any fiscal tion in one or more of the following cat- ‘‘(13) the capacity of the eligible provider year with respect to which the Secretary de- egories: to produce valid information on performance termines under subparagraph (A) that the ‘‘(1) Adult education, basic skills, and fam- results, including enrollments and measur- fiscal effort or the aggregate expenditures of ily literacy education programs (including able participant outcomes; an eligible agency for the preceding program proficiency in reading, writing, speaking, ‘‘(14) adult education, basic skills, and fam- year were less than such effort or expendi- and math). ily literacy education programs offer rig- tures for the second preceding program year, ‘‘(2) Workplace literacy programs. orous reading, writing, speaking, and math the Secretary— ‘‘(3) English language acquisition pro- content that are based on scientifically ‘‘(i) shall determine the percentage de- grams. based research; and creases in such effort or in such expendi- ‘‘(4) Family literacy education programs. ‘‘(15) applications of technology, and serv- tures; and ‘‘(c) DIRECT AND EQUITABLE ACCESS; SAME ices to be provided by the eligible providers, ‘‘(ii) shall decrease the payment made PROCESS.—Each eligible agency receiving are of sufficient intensity and duration to in- under this title for such program year to the funds under this title shall ensure that— crease the amount and quality of learning agency for adult education, basic skills, and ‘‘(1) all eligible providers have direct and and lead to measurable learning gains within family literacy education programs by the equitable access to apply for grants or con- specified time periods. lesser of such percentages. ‘‘(e) SPECIAL RULE.—Eligible providers may tracts under this section; and ‘‘(2) COMPUTATION.—In computing the fiscal ‘‘(2) the same grant or contract announce- use grant funds under this title to serve chil- effort and aggregate expenditures under ment process and application process is used dren participating in family literacy pro- paragraph (1), the Secretary shall exclude for all eligible providers in the State or out- grams assisted under this part, provided that capital expenditures and special one-time lying area. other sources of funds available to provide project costs. similar services for such children are used ‘‘(d) MEASURABLE GOALS.—The eligible ‘‘(3) DECREASE IN FEDERAL SUPPORT.—If the agency shall require eligible providers re- first. amount made available for adult education, ceiving a grant or contract under subsection ‘‘SEC. 232. LOCAL APPLICATION. basic skills, and family literacy education (a) to demonstrate— ‘‘Each eligible provider desiring a grant or programs under this title for a fiscal year is ‘‘(1) the eligible provider’s measurable contract under this title shall submit an ap- less than the amount made available for goals for participant outcomes to be plication to the eligible agency containing adult education, basic skills, and family lit- achieved annually on the core indicators of such information and assurances as the eligi- eracy education programs under this title for performance and employment performance ble agency may require, including— the preceding fiscal year, then the fiscal ef- indicators described in section 212(b)(2); ‘‘(1) a description of how funds awarded fort per student and the aggregate expendi- ‘‘(2) the past effectiveness of the eligible under this title will be spent consistent with tures of an eligible agency required in order provider in improving the basic academic the requirements of this title; to avoid a reduction under paragraph (1)(B) skills of adults and, for eligible providers re- ‘‘(2) a description of any cooperative ar- shall be decreased by the same percentage as ceiving grants in the prior year, the success rangements the eligible provider has with the percentage decrease in the amount so of the eligible provider receiving funding other agencies, institutions, or organizations made available. for the delivery of adult education, basic under this title in exceeding its performance ‘‘(4) WAIVER.—The Secretary may waive goals in the prior year; skills, and family literacy education pro- the requirements of this subsection for not ‘‘(3) the commitment of the eligible pro- grams; and more than 1 fiscal year, if the Secretary de- vider to serve individuals in the community ‘‘(3) each of the demonstrations required termines that a waiver would be equitable who are the most in need of basic academic by section 231(d). due to exceptional or uncontrollable cir- skills instruction services, including individ- ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. cumstances, such as a natural disaster or an uals who are low-income or have minimal ‘‘(a) IN GENERAL.—Subject to subsection unforeseen and precipitous decline in the fi- reading, writing, speaking, and math skills, (b), of the amount that is made available nancial resources of the State or outlying or limited English proficiency; under this title to an eligible provider— area of the eligible agency. If the Secretary ‘‘(4) the program— ‘‘(1) at least 95 percent shall be expended grants a waiver under the preceding sentence ‘‘(A) is of sufficient intensity and duration for carrying out adult education, basic for a fiscal year, the level of effort required for participants to achieve substantial learn- skills, and family literacy education pro- under paragraph (1) shall not be reduced in ing gains; and grams; and the subsequent fiscal year because of the ‘‘(B) uses instructional practices that in- ‘‘(2) the remaining amount shall be used waiver. clude the essential components of reading in- for planning, administration, personnel and struction; professional development, development of ‘‘SEC. 242. NATIONAL INSTITUTE FOR LITERACY. ‘‘(5) educational practices are based on sci- measurable goals in reading, writing, speak- ‘‘(a) IN GENERAL.— entifically based research; ing, and math, and interagency coordination. ‘‘(1) PURPOSE.—The purpose of the National ‘‘(6) the activities of the eligible provider ‘‘(b) SPECIAL RULE.—In cases where the Institute for Literacy is to promote the im- effectively employ advances in technology, cost limits described in subsection (a) are provement of literacy, including skills in as appropriate, including the use of com- too restrictive to allow for adequate plan- reading, writing, and English language ac- puters; ning, administration, personnel develop- quisition for children, youth, and adults, ‘‘(7) the activities provide instruction in ment, and interagency coordination, the eli- through practices derived from the findings real-life contexts, when appropriate, to en- gible provider may negotiate with the eligi- of scientifically based research. sure that an individual has the skills needed ble agency in order to determine an adequate ‘‘(2) ESTABLISHMENT.—There is established to compete in the workplace and exercise the level of funds to be used for noninstructional a National Institute for Literacy (in this sec- rights and responsibilities of citizenship; purposes. tion referred to as the ‘Institute’). The Insti- ‘‘(8) the activities are staffed by well- ‘‘CHAPTER 4—GENERAL PROVISIONS tute shall be administered under the terms trained instructors, counselors, and adminis- ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. of an interagency agreement entered into, trators; ‘‘(a) SUPPLEMENT NOT SUPPLANT.—Funds reviewed annually, and modified as needed ‘‘(9) the activities are coordinated with made available for adult education, basic by the Secretary of Education with the Sec- other available resources in the community, skills, and family literacy education pro- retary of Health and Human Services and the such as through strong links with elemen- grams under this title shall supplement and Secretary of Labor (in this section referred tary schools and secondary schools, postsec- not supplant other State or local public to as the ‘Interagency Group’).

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‘‘(3) OFFICES.—The Institute shall have of- as Reading First, Early Reading First, and member’s term until a successor has taken fices separate from the offices of the Depart- the William F. Goodling Even Start Family office. ment of Education, the Department of Literacy Program, respectively). ‘‘(5) QUORUM.—A majority of the members Health and Human Services, and the Depart- ‘‘(c) VISITING SCHOLARS.—The Institute of the Board shall constitute a quorum, but ment of Labor. may establish a visiting scholars program, a lesser number may hold hearings. A rec- ‘‘(4) ADMINISTRATIVE SUPPORT.—The De- with such stipends and allowances as the Di- ommendation of the Board may be passed partment of Education shall provide admin- rector considers necessary, for outstanding only by a majority of the Board’s members istrative support for the Institute. researchers, scholars, and individuals who— present at a meeting for which there is a ‘‘(5) DAILY OPERATIONS.—The Director of ‘‘(1) have careers in adult education, work- quorum. the Institute shall administer the daily oper- force development, or scientifically based ‘‘(6) ELECTION OF OFFICERS.—The Chair- ations of the Institute. reading, writing, or English language acqui- person and Vice Chairperson of the Board ‘‘(b) DUTIES.— sition; and shall be elected by the members of the ‘‘(1) IN GENERAL.—To carry out its purpose, ‘‘(2) can assist the Institute in translating Board. The term of office of the Chairperson the Institute may— research into practice and providing analysis and Vice Chairperson shall be 2 years. ‘‘(A) identify and disseminate rigorous sci- that advances instruction in the fields of ‘‘(7) MEETINGS.—The Board shall meet at entific research on the effectiveness of in- reading, writing, and English language ac- the call of the Chairperson or a majority of structional practices and organizational quisition for children, youth, and adults. the members of the Board. strategies relating to programs on the acqui- ‘‘(d) INTERNS AND VOLUNTEERS.—The Insti- ‘‘(f) GIFTS, BEQUESTS, AND DEVISES.— sition of skills in reading, writing, and tute, in consultation with the National Insti- ‘‘(1) IN GENERAL.—The Institute may ac- English language acquisition for children, tute for Literacy Advisory Board, may award cept, administer, and use gifts or donations youth, and adults; paid and unpaid internships to individuals of services, money, or property, whether real ‘‘(B) create and widely disseminate mate- seeking to assist the Institute in carrying or personal, tangible or intangible. rials about the acquisition and application of out its purpose. Notwithstanding section 1342 ‘‘(2) RULES.—The Board shall establish skills in reading, writing, and English lan- of title 31, United States Code, the Institute written rules setting forth the criteria to be guage acquisition for children, youth, and may accept and use voluntary and uncom- used by the Institute in determining whether adults based on scientifically based research; the acceptance of contributions of services, ‘‘(C) ensure a broad understanding of sci- pensated services as the Institute determines necessary. money, or property whether real or personal, entifically based research on reading, writ- tangible or intangible, would reflect unfavor- ing, and English language acquisition for ‘‘(e) NATIONAL INSTITUTE FOR LITERACY AD- VISORY BOARD.— ably upon the ability of the Institute or any children, youth, and adults among Federal employee to carry out the responsibilities of agencies with responsibilities for admin- ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—There shall be a Na- the Institute or employee, or official duties, istering programs that provide related serv- in a fair and objective manner, or would ices, including State and local educational tional Institute for Literacy Advisory Board (in this section referred to as the ‘Board’), compromise the integrity, or the appearance agencies; of the integrity, of the Institute’s programs ‘‘(D) facilitate coordination and informa- which shall consist of 10 individuals ap- pointed by the President with the advice and or any official involved in those programs. tion sharing among national organizations ‘‘(g) MAILS.—The Board and the Institute consent of the Senate. and associations interested in programs that may use the United States mails in the same ‘‘(B) QUALIFICATIONS.—The Board shall be provide services to improve skills in reading, manner and under the same conditions as composed of individuals who— writing, and English language acquisition for other departments and agencies of the ‘‘(i) are not otherwise officers or employees children, youth, and adults; United States. of the Federal Government; and ‘‘(E) coordinate with the appropriate of- ‘‘(h) DIRECTOR.—The Secretary of Edu- fices in the Department of Education, the ‘‘(ii) are knowledgeable about current ef- cation, after considering recommendations Department of Health and Human Services, fective scientifically based research findings made by the Board and consulting with the the Department of Labor, and other Federal on instruction in reading, writing, and Interagency Group, shall appoint and fix the agencies to apply the findings of scientif- English language acquisition for children, pay of the Director of the Institute and, ically based research related to programs on youth, and adults. when necessary, shall appoint an Interim Di- reading, writing, and English language ac- ‘‘(C) COMPOSITION.—The Board may in- rector of the Institute. quisition for children, youth, and adults; clude— ‘‘(i) APPLICABILITY OF CERTAIN CIVIL SERV- ‘‘(F) establish a national electronic data- ‘‘(i) representatives of business, industry, ICE LAWS.—The Director and staff of the In- base and Internet site describing and fos- labor, literacy organizations, adult edu- stitute may be appointed without regard to tering communication on scientifically cation providers, community colleges, stu- the provisions of title 5, United States Code, based programs in reading, writing, and dents with disabilities, and State agencies, governing appointments in the competitive English language acquisition for children, including State directors of adult education; service, and may be paid without regard to youth, and adults, including professional de- and the provisions of chapter 51 and subchapter velopment programs; and ‘‘(ii) individuals who, and representatives III of chapter 53 of that title relating to clas- ‘‘(G) provide opportunities for technical as- of entities that, have been successful in im- sification and General Schedule pay rates, sistance, meetings, and conferences that will proving skills in reading, writing, and except that an individual so appointed may foster increased coordination among Fed- English language acquisition for children, not receive pay in excess of the annual rate eral, State, and local agencies and entities youth, and adults. of basic pay payable for level IV of the Exec- and improvement of reading, writing, and ‘‘(2) DUTIES.—The Board shall— utive Schedule. English language acquisition skills for chil- ‘‘(A) make recommendations concerning ‘‘(j) EXPERTS AND CONSULTANTS.—The In- dren, youth, and adults. the appointment of the Director of the Insti- stitute may procure temporary and intermit- ‘‘(2) COORDINATION.—In identifying scientif- tute; tent services under section 3109(b) of title 5, ically based research on reading, writing, ‘‘(B) provide independent advice on the op- United States Code. and English language acquisition for chil- eration of the Institute; ‘‘(k) BIENNIAL REPORT.— dren, youth, and adults, the Institute shall ‘‘(C) receive reports from the Interagency ‘‘(1) IN GENERAL.—The Institute shall sub- use standards for research quality that are Group and the Director; and mit a report biennially to the Committee on consistent with those established by the In- ‘‘(D) review the biennial report to the Con- Education and Labor of the House of Rep- stitute of Education Sciences. gress under subsection (k). resentatives and the Committee on Health, ‘‘(3) GRANTS, CONTRACTS, AND COOPERATIVE ‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.— Education, Labor, and Pensions of the Sen- AGREEMENTS.— Except as otherwise provided, the Board ate. Each report submitted under this sub- ‘‘(A) IN GENERAL.—The Institute may shall be subject to the provisions of the Fed- section shall include— award grants to, or enter into contracts or eral Advisory Committee Act. ‘‘(A) a comprehensive and detailed descrip- cooperative agreements with, individuals, ‘‘(4) APPOINTMENTS.— tion of the Institute’s operations, activities, public or private institutions, agencies, orga- ‘‘(A) IN GENERAL.—Each member of the financial condition, and accomplishments in nizations, or consortia of such individuals, Board shall be appointed for a term of 3 identifying and describing programs on read- institutions, agencies, or organizations, to years, except that the initial terms for mem- ing, writing, and English language acquisi- carry out the activities of the Institute. bers may be 1, 2, or 3 years in order to estab- tion for children, youth, and adults for the ‘‘(B) REGULATIONS.—The Director may lish a rotation in which one-third of the period covered by the report; and adopt the general administrative regulations members are selected each year. Any such ‘‘(B) a description of how plans for the op- of the Department of Education, as applica- member may be appointed for not more than eration of the Institute for the succeeding 2 ble, for use by the Institute. 2 consecutive terms. fiscal years will facilitate achievement of ‘‘(C) RELATION TO OTHER LAWS.—The duties ‘‘(B) VACANCIES.—Any member appointed the purpose of the Institute. and powers of the Institute under this title to fill a vacancy occurring before the expira- ‘‘(2) FIRST REPORT.—The Institute shall are in addition to the duties and powers of tion of the term for which the member’s submit its first report under this subsection the Institute under subparts 1, 2, and 3 of predecessor was appointed shall be appointed to the Congress not later than 1 year after part B of the Elementary and Secondary only for the remainder of that term. A mem- the date of the enactment of the Workforce Education Act of 1965 (commonly referred to ber may serve after the expiration of that Investment Improvement Act of 2007.

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‘‘(l) ADDITIONAL FUNDING.—In addition to (1) by striking sections 1 through 13; ‘‘(i) use any submission that is furnished the funds authorized under section 205 and (2) in section 14 by inserting ‘‘of Labor’’ for exclusively statistical purposes under the reserved for the Institute under section 211, after ‘‘Secretary’’; and provisions of this section for any purpose the Secretary of Education, the Secretary of (3) by amending section 15 to read as fol- other than the statistical purposes for which Health and Human Services, the Secretary of lows: the submission is furnished; Labor, or the head of any other Federal ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- ‘‘(ii) disclose to the public any publication agency or department that participates in FORMATION SYSTEM. or media transmittal of the data contained the activities of the Institute may provide ‘‘(a) SYSTEM CONTENT.— in the submission described in clause (i) that funds to the Institute for activities that the ‘‘(1) IN GENERAL.—The Secretary of Labor, permits information concerning an indi- Institute is authorized to perform under this in accordance with the provisions of this sec- vidual subject to be reasonably inferred by section. tion, shall oversee the development, mainte- either direct or indirect means; or ‘‘SEC. 243. NATIONAL LEADERSHIP ACTIVITIES. nance, and continuous improvement of a na- ‘‘(iii) permit anyone other than a sworn of- ‘‘The Secretary shall establish and carry tionwide workforce and labor market infor- ficer, employee, or agent of any Federal de- out a program of national leadership activi- mation system that includes— partment or agency, or a contractor (includ- ties that may include the following: ‘‘(A) statistical data from cooperative sta- ing an employee of a contractor) of such de- ‘‘(1) Technical assistance, on request, in- tistical survey and projection programs and partment or agency, to examine an indi- cluding assistance— data from administrative reporting systems vidual submission described in clause (i), ‘‘(A) on request to volunteer community- that, taken together, enumerate, estimate, without the consent of the individual, agen- and faith-based organizations, including but and project employment opportunities and cy, or other person who is the subject of the not limited to, improving their fiscal man- submission or provides that submission. agement, research-based instruction, and re- conditions at national, State, and local lev- els in a timely manner, including statistics ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any porting requirements, and the development submission (including any data derived from of measurable objectives to carry out the re- on— ‘‘(i) employment and unemployment status the submission) that is collected and re- quirements of this title; tained by a Federal department or agency, or ‘‘(B) in developing valid, measurable, and of national, State, and local populations, in- cluding self-employed, part-time, and sea- an officer, employee, agent, or contractor of reliable performance data, and using per- such a department or agency, for exclusively formance information for the improvement sonal workers; ‘‘(ii) industrial distribution of occupations, statistical purposes under this section shall of adult education basic skills, English lan- be immune from the legal process and shall guage acquisition, and family literacy edu- as well as current and projected employment opportunities, wages, benefits (where data is not, without the consent of the individual, cation programs; agency, or other person who is the subject of ‘‘(C) on adult education professional devel- available), and skill trends by occupation the submission or provides that submission, opment; and and industry, with particular attention paid be admitted as evidence or used for any pur- ‘‘(D) in using distance learning and im- to State and local conditions; pose in any action, suit, or other judicial or proving the application of technology in the ‘‘(iii) the incidence of, industrial and geo- administrative proceeding. classroom, including instruction in English graphical location of, and number of workers ‘‘(C) RULE OF CONSTRUCTION.—Nothing in language acquisition for individuals who displaced by, permanent layoffs and plant this section shall be construed to provide im- have limited English proficiency. closings; and munity from the legal process for such sub- ‘‘(2) Providing for the conduct of research ‘‘(iv) employment and earnings informa- mission (including any data derived from the on national literacy basic skill acquisition tion maintained in a longitudinal manner to submission) if the submission is in the pos- levels among adults, including the number of be used for research and program evaluation; limited English proficient adults functioning ‘‘(B) information on State and local em- session of any person, agency, or entity at different levels of reading proficiency. ployment opportunities, and other appro- other than the Federal Government or an of- ‘‘(3) Improving the coordination, effi- priate statistical data related to labor mar- ficer, employee, agent, or contractor of the ciency, and effectiveness of adult education ket dynamics, which— Federal Government, or if the submission is and workforce development services at the ‘‘(i) shall be current and comprehensive; independently collected, retained, or pro- national, State, and local levels. ‘‘(ii) shall meet the needs identified duced for purposes other than the purposes ‘‘(4) Determining how participation in through the consultations described in sub- of this Act. adult education basic skills, English lan- paragraphs (A) and (B) of subsection (e)(2); ‘‘(b) SYSTEM RESPONSIBILITIES.— guage acquisition, and family literacy edu- and ‘‘(1) IN GENERAL.—The workforce and labor cation programs prepares individuals for ‘‘(iii) shall meet the needs for the informa- market information system described in sub- entry into and success in postsecondary edu- tion identified in section 134(d); section (a) shall be planned, administered, cation and employment, and in the case of ‘‘(C) technical standards (which the Sec- overseen, and evaluated through a coopera- prison-based services, the effect on recidi- retary shall publish annually) for data and tive governance structure involving the Fed- vism. information described in subparagraphs (A) eral Government and States. ‘‘(5) Evaluating how different types of pro- and (B) that, at a minimum, meet the cri- ‘‘(2) DUTIES.—The Secretary, with respect viders, including community and faith-based teria of chapter 35 of title 44, United States to data collection, analysis, and dissemina- organizations or private for-profit agencies Code; tion of workforce and labor market informa- measurably improve the skills of partici- ‘‘(D) procedures to ensure compatibility tion for the system, shall carry out the fol- pants in adult education basic skills, English and additivity of the data and information lowing duties: language acquisition, and family literacy described in subparagraphs (A) and (B) from ‘‘(A) Assign responsibilities within the De- education programs. national, State, and local levels; partment of Labor for elements of the work- ‘‘(6) Identifying model integrated basic and ‘‘(E) procedures to support standardization force and labor market information system workplace skills education programs, includ- and aggregation of data from administrative described in subsection (a) to ensure that all ing programs for individuals with limited reporting systems described in subparagraph statistical and administrative data collected English proficiency coordinated literacy and (A) of employment-related programs; is consistent with appropriate Bureau of employment services, and effective strate- ‘‘(F) analysis of data and information de- Labor Statistics standards and definitions. gies for serving adults with disabilities. scribed in subparagraphs (A) and (B) for uses ‘‘(B) Actively seek the cooperation of other ‘‘(7) Supporting the development of an en- such as— Federal agencies to establish and maintain tity that would produce and distribute tech- ‘‘(i) national, State, and local policy- mechanisms for ensuring complementarity nology-based programs and materials for making; and nonduplication in the development and adult education, basic skills, and family lit- ‘‘(ii) implementation of Federal policies operation of statistical and administrative eracy education programs using an inter- (including allocation formulas); data collection activities. communication system, as that term is de- ‘‘(iii) program planning and evaluation; ‘‘(C) Eliminate gaps and duplication in sta- fined in section 397 of the Communications and tistical undertakings, with the Act of 1934, and expand the effective out- ‘‘(iv) researching labor market dynamics; systemization of wage surveys as an early reach and use of such programs and mate- ‘‘(G) wide dissemination of such data, in- priority. rials to adult education eligible providers. formation, and analysis in a user-friendly ‘‘(D) In collaboration with the Bureau of ‘‘(8) Initiating other activities designed to manner and voluntary technical standards Labor Statistics and States, develop and improve the measurable quality and effec- for dissemination mechanisms; and maintain the elements of the workforce and tiveness of adult education basic skills, ‘‘(H) programs of— labor market information system described English language acquisition, and family lit- ‘‘(i) training for effective data dissemina- in subsection (a), including the development eracy education programs nationwide.’’. tion; of consistent procedures and definitions for Subtitle C—Amendments to the Wagner– ‘‘(ii) research and demonstration; and use by the States in collecting the data and Peyser Act ‘‘(iii) programs and technical assistance. information described in subparagraphs (A) SEC. 461. AMENDMENTS TO THE WAGNER-PEYSER ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— and (B) of subsection (a)(1). ACT. ‘‘(A) IN GENERAL.—No officer or employee ‘‘(E) Establish procedures for the system to The Wagner-Peyser Act (29 U.S.C. 49 et of the Federal Government or agent of the ensure that— seq.) is amended— Federal Government may— ‘‘(i) such data and information are timely;

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‘‘(ii) paperwork and reporting for the sys- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (3) by inserting after paragraph (34) the fol- tem are reduced to a minimum; and this section shall be construed as limiting lowing: ‘‘(iii) States and localities are fully in- the ability of a Governor to conduct addi- ‘‘(35)(A) The term ‘student with a dis- volved in the development and continuous tional data collection, analysis, and dissemi- ability’ means an individual with a dis- improvement of the system at all levels. nation activities with State funds or with ability who— ‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- Federal funds from sources other than this ‘‘(i) is not younger than 16 and not older VIDE SERVICES.—The Secretary is authorized section. than 21; to assist in the development of national elec- ‘‘(f) NONDUPLICATION REQUIREMENT.—None ‘‘(ii) has been determined to be eligible tronic tools that may be used to facilitate of the functions and activities carried out under section 102(a) for assistance under this the delivery of work ready services described pursuant to this section shall duplicate the title; and in section 134 and to provide workforce infor- functions and activities carried out under ‘‘(iii)(I) is eligible for, and is receiving, spe- mation to individuals through the one-stop the Carl D. Perkins Vocational and Applied cial education under part B of the Individ- delivery systems described in section 121 and Technology Education Act (20 U.S.C. 2301 et uals with Disabilities Education Act (20 through other appropriate delivery systems. seq.). U.S.C. 1411 et seq.); or ‘‘(d) COORDINATION WITH THE STATES.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) is an individual with a disability, for ‘‘(1) IN GENERAL.—The Secretary, working There are authorized to be appropriated to purposes of section 504. through the Bureau of Labor Statistics and carry out this section such sums as may be ‘‘(B) The term ‘students with disabilities’ the Employment and Training Administra- necessary for each of the fiscal years 2008 means more than 1 student with a dis- tion, shall regularly consult with representa- through 2012. ability.’’; and tives of State agencies carrying out work- ‘‘(h) DEFINITION.—In this section, the term (4) by inserting after paragraph (38) (as re- force information activities regarding strat- ‘local area’ means the smallest geographical designated by paragraph (1)) the following: egies for improving the workforce and labor area for which data can be produced with ‘‘(39) The term ‘transition services expan- market information system. statistical reliability.’’. sion year’ means— ‘‘(2) FORMAL CONSULTATIONS.—At least Subtitle D—Amendments to the ‘‘(A) the first fiscal year for which the twice each year, the Secretary, working Rehabilitation Act of 1973 amount appropriated under section 100(b) ex- through the Bureau of Labor Statistics, shall ceeds the amount appropriated under section SEC. 471. FINDINGS. conduct formal consultations regarding pro- 100(b) for fiscal year 2004 by not less than Section 2(a) of the Rehabilitation Act of grams carried out by the Bureau of Labor $100,000,000; and 1973 (29 U.S.C. 701(a)) is amended— Statistics with representatives of each of the ‘‘(B) each fiscal year subsequent to that (1) in paragraph (5), by striking ‘‘and’’ at 6 Federal regions of the Bureau of Labor Sta- first fiscal year.’’. tistics, elected (pursuant to a process estab- the end; (2) in paragraph (6), by striking the period SEC. 475. STATE PLAN. lished by the Secretary) from the State di- (a) COORDINATION WITH EDUCATION OFFI- and inserting ‘‘; and’’; and rectors affiliated with State agencies that CIALS AND ASSISTIVE TECHNOLOGY PRO- (3) by adding at the end the following: perform the duties described in subsection GRAMS.—Section 101(a)(11) of the Rehabilita- ‘‘(7) there is a substantial need to improve (e)(2). tion Act of 1973 (29 U.S.C. 721(a)(11)) is ‘‘(e) STATE RESPONSIBILITIES.— and expand services for students with dis- amended— ‘‘(1) IN GENERAL.—In order to receive Fed- abilities under this Act.’’. (1) in subparagraph (D)(i) by inserting ‘‘, eral financial assistance under this section, SEC. 472. REHABILITATION SERVICES ADMINIS- which may be provided using alternative the Governor of a State shall— TRATION. means of meeting participation (such as ‘‘(A) be responsible for the management of Section 3(a) of the Rehabilitation Act of video conferences and conference calls)’’ be- the portions of the workforce and labor mar- 1973 (29 U.S.C. 702(a)) is amended— fore the semicolon; and ket information system described in sub- (1) by striking ‘‘Office of the Secretary’’ (2) by adding at the end the following: and inserting ‘‘Department of Education’’; section (a) that comprise a statewide work- ‘‘(G) COORDINATION WITH ASSISTIVE TECH- force and labor market information system (2) by striking ‘‘President by and with the NOLOGY PROGRAMS.—The State plan shall in- and for the State’s participation in the de- advice and consent of the Senate’’ and in- clude an assurance that the designated State velopment of the annual plan; serting ‘‘Secretary, except that the Commis- unit and the lead agency responsible for car- ‘‘(B) establish a process for the oversight of sioner appointed under the authority exist- rying out duties under the Assistive Tech- such system; ing on the day prior to the date of enactment nology Act of 1998 (29 U.S.C. 3001), as amend- ‘‘(C) consult with State and local employ- of the Workforce Investment Improvement ed, have developed working relationships and ers, participants, and local workforce invest- Act of 2007 may continue to serve in the coordinate their activities.’’. ment boards about the labor market rel- former capacity’’; and (b) ASSESSMENT AND STRATEGIES.—Section evance of the data to be collected and dis- (3) by striking ‘‘, and the Commissioner 101(a)(15) of the Rehabilitation Act of 1973 (29 seminated through the statewide workforce shall be the principal officer,’’. U.S.C. 721(a)(15)) is amended— and labor market information system; SEC. 473. DIRECTOR. (1) in subparagraph (A) ‘‘(D) consult with State educational agen- (a) IN GENERAL.—The Rehabilitation Act of (A) in clause (i)— cies and local educational agencies con- 1973 (29 U.S.C. 701 et seq.) is amended— (i) in subclause (II), by striking ‘‘and’’ at cerning the provision of employment statis- (1) by striking ‘‘Commissioner’’ each place the end; tics in order to meet the needs of secondary it appears, except in sections 3(a) (as amend- (ii) in subclause (III), by adding ‘‘and’’ at school and postsecondary school students ed by section 472) and 21, and inserting ‘‘Di- the end; and who seek such information; rector’’; (iii) by adding at the end the following: ‘‘(E) collect and disseminate for the sys- (2) in section 100(d)(2)(B), by striking ‘‘com- ‘‘(IV) in a transition services expansion tem, on behalf of the State and localities in missioner’’ and inserting ‘‘director’’; year, students with disabilities, including the State, the information and data de- (3) in section 706, by striking ‘‘commis- their need for transition services;’’; and scribed in subparagraphs (A) and (B) of sub- sioner’’ and inserting ‘‘director’’; and (B) by redesignating clauses (ii) and (iii) as section (a)(1); (4) in section 723(a)(3), by striking ‘‘commis- clauses (iii) and (iv), respectively, and insert- ‘‘(F) maintain and continuously improve sioner’’ and inserting ‘‘director’’. ing after clause (i) the following: the statewide workforce and labor market (b) EXCEPTION.—Section 21 of the Rehabili- ‘‘(ii) include an assessment of the transi- information system in accordance with this tation Act of 1973 (29 U.S.C. 718) is amended— tion services provided under this Act, and co- section; (1) in subsection (b)(1)— ordinated with transition services under the ‘‘(G) perform contract and grant respon- (A) by striking ‘‘Commissioner’’ the first Individuals with Disabilities Education Act, sibilities for data collection, analysis, and place it appears and inserting ‘‘Director of as to those services meeting the needs of in- dissemination for such system; the Rehabilitation Services Administra- dividuals with disabilities;’’; and ‘‘(H) conduct such other data collection, tion’’; and (2) in subparagraph (D)— analysis, and dissemination activities as will (B) by striking ‘‘(referred to in this sub- (A) by redesignating clauses (iii), (iv), and ensure an effective statewide workforce and section as the ‘Director’)’’; and (v) as clauses (iv), (v), and (vi), respectively; labor market information system; (2) by striking ‘‘Commissioner and the Di- and ‘‘(I) actively seek the participation of rector’’ each place it appears and inserting (B) by inserting after clause (ii) the fol- other State and local agencies in data collec- ‘‘both such Directors’’. lowing: tion, analysis, and dissemination activities SEC. 474. DEFINITIONS. ‘‘(iii) in a transition services expansion in order to ensure complementarity, compat- Section 7 of the Rehabilitation Act of 1973 year, the methods to be used to improve and ibility, and usefulness of data; (29 U.S.C. 705) is amended— expand vocational rehabilitation services for ‘‘(J) participate in the development of the (1) by redesignating paragraphs (35) students with disabilities, including the co- annual plan described in subsection (c); and through (39) as paragraphs (36), (37), (38), (40), ordination of services designed to facilitate ‘‘(K) utilize the quarterly records described and (41), respectively; the transition of such students from the re- in section 136(f)(2) of the Workforce Invest- (2) in subparagraph (A)(ii) of paragraph (36) ceipt of educational services in school to the ment Act of 1998 to assist the State and (as redesignated in paragraph (1)), by strik- receipt of vocational rehabilitation services other States in measuring State progress on ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- under this title or to postsecondary edu- State performance measures. graph (37)(C)’’; cation or employment;’’.

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(c) SERVICES FOR STUDENTS WITH DISABIL- programs in coordination with activities au- (3) in section 110(c) by amending paragraph ITIES.—Section 101(a) of the Rehabilitation thorized under the Assistive Technology Act (2) to read as follows: Act of 1973 (29 U.S.C. 721(a)) is further of 1998 (29 U.S.C. 3001), as amended, to pro- ‘‘(2) The sum referred to in paragraph (1) amended by adding at the end the following: mote access to assistive technology for indi- shall be, as determined by the Secretary, not ‘‘(25) SERVICES FOR STUDENTS WITH DISABIL- viduals with disabilities and employers.’’. less than 1 percent and not more than 1.5 ITIES.—The State plan for a transition serv- SEC. 477. STANDARDS AND INDICATORS. percent of the amount referred to in para- ices expansion year shall provide an assur- Section 106(a) of the Rehabilitation Act of graph (1) for each of fiscal years 2008 through ance satisfactory to the Secretary that the 1973 (29 U.S.C. 726(a)) is amended by striking 2012.’’; State— paragraph (1)(C) and all that follows through (4) in section 112(h) by striking ‘‘fiscal ‘‘(A) has developed and implemented strat- paragraph (2) and inserting the following: years 1999 through 2003’’ and inserting ‘‘fiscal egies to address the needs identified in the ‘‘(2) MEASURES.—The standards and indica- years 2008 through 2012’’; assessment described in paragraph (15), and tors shall include outcome and related meas- (5) in section 201(a) by striking ‘‘fiscal achieve the goals and priorities identified by ures of program performance that— years 1999 through 2003’’ each place it ap- the State, to improve and expand vocational ‘‘(A) facilitate the accomplishment of the pears and inserting ‘‘fiscal years 2008 rehabilitation services for students with dis- purpose and policy of this title; through 2012’’; abilities on a statewide basis in accordance ‘‘(B) to the maximum extent practicable, (6) in section 302(i) by striking ‘‘fiscal with paragraph (15); and are consistent with the core indicators of years 1999 through 2003’’ and inserting ‘‘fiscal ‘‘(B) from funds reserved under section performance, and corresponding State ad- years 2008 through 2012’’; 110A, shall carry out programs or activities justed levels of performance, established (7) in section 303(e) by striking ‘‘fiscal designed to improve and expand vocational under section 136(b) of the Workforce Invest- years 1999 through 2003’’ and inserting ‘‘fiscal rehabilitation services for students with dis- ment Act of 1998 (29 U.S.C. 2871(b)); and years 2008 through 2012’’; abilities that— ‘‘(C) include measures of the program’s (8) in section 304(b) by striking ‘‘fiscal ‘‘(i) facilitate the transition of the stu- performance with respect to the transition years 1999 through 2003’’ and inserting ‘‘fiscal dents with disabilities from the receipt of to post-school vocational activities, and years 2008 through 2012’’; educational services in school, to the receipt achievement of the post-school vocational (9) in section 305(b) by striking ‘‘fiscal of vocational rehabilitation services under goals, of students with disabilities served years 1999 through 2003’’ and inserting ‘‘fiscal this title, including, at a minimum, those under the program.’’. years 2008 through 2012’’; services specified in the interagency agree- SEC. 478. RESERVATION FOR EXPANDED TRANSI- (10) in section 405 by striking ‘‘fiscal years ment required in paragraph (11)(D); TION SERVICES. 1999 through 2003’’ and inserting ‘‘fiscal years ‘‘(ii) improve the achievement of post- The Rehabilitation Act of 1973 is amended 2008 through 2012’’; school goals of students with disabilities, in- by inserting after section 110 (29 U.S.C. 730) (11) in section 502(j) by striking ‘‘fiscal cluding improving the achievement through the following: years 1999 through 2003’’ and inserting ‘‘fiscal participation (as appropriate when voca- ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- years 2008 through 2012’’; tional goals are discussed) in meetings re- SITION SERVICES. (12) in section 509(l) by striking ‘‘fiscal garding individualized education programs ‘‘(a) RESERVATION.—From the State allot- years 1999 through 2003’’ and inserting ‘‘fiscal developed under section 614 of the Individ- ment under section 110 in a transition serv- years 2008 through 2012’’; uals with Disabilities Education Act (20 ices expansion year, each State shall reserve (13) in section 612 by striking ‘‘fiscal years U.S.C. 1414); an amount calculated by the Director under 1999 through 2003’’ and inserting ‘‘fiscal years ‘‘(iii) provide vocational guidance, career subsection (b) to carry out programs and ac- 2008 through 2012’’; exploration services, and job search skills tivities under sections 101(a)(25)(B) and (14) in section 628 by striking ‘‘fiscal years and strategies and technical assistance to 103(b)(6). 1999 through 2003’’ and inserting ‘‘fiscal years students with disabilities; ‘‘(b) CALCULATION.—The Director shall cal- 2008 through 2012’’; ‘‘(iv) support the provision of training and culate the amount to be reserved for such (15) in section 714 by striking ‘‘fiscal years technical assistance to State and local edu- programs and activities for a fiscal year by 1999 through 2003’’ and inserting ‘‘fiscal years cational agency and designated State agency each State by multiplying $50,000,000 by the 2008 through 2012’’; personnel responsible for the planning and percentage determined by dividing— (16) in section 727 by striking ‘‘fiscal years provision of services to students with dis- ‘‘(1) the amount allotted to that State 1999 through 2003’’ and inserting ‘‘fiscal years abilities; and under section 110 for the prior fiscal year, by 2008 through 2012’’; and ‘‘(v) support outreach activities to stu- ‘‘(2) the total amount allotted to all States (17) in section 753 by striking ‘‘fiscal years dents with disabilities who are eligible for, under section 110 for that prior fiscal year.’’. 1999 through 2003’’ and inserting ‘‘fiscal years and need, services under this title.’’. SEC. 479. CLIENT ASSISTANCE PROGRAM. 2008 through 2012’’. Section 112(e)(1) of the Rehabilitation Act SEC. 476. SCOPE OF SERVICES. SEC. 483. CONFORMING AMENDMENT. of 1973 (29 U.S.C. 732(e)(1)) is amended by re- Section 1(b) of the Rehabilitation Act of Section 103 of the Rehabilitation Act of designating subparagraph (D) as subpara- 1973 (29 U.S.C. 723) is amended— 1973 is amended by inserting after the item graph (E) and inserting after subparagraph relating to section 110 the following: (1) in subsection (a), by striking paragraph (C) the following: (15) and inserting the following: ‘‘(D) The Secretary shall make grants to ‘‘Sec. 110A. Reservation for expanded transi- ‘‘(15) transition services for students with the protection and advocacy system serving tion services.’’. disabilities, that facilitate the achievement the American Indian Consortium to provide SEC. 484. HELEN KELLER NATIONAL CENTER of the employment outcome identified in the services in accordance with this section. The ACT. individualized plan for employment, includ- amount of such grants shall be the same as (a) GENERAL AUTHORIZATION OF APPROPRIA- ing, in a transition services expansion year, provided to territories under this sub- TIONS.—The first sentence of section 205(a) of services described in clauses (i) through (iii) section.’’. the Helen Keller National Center Act (29 of section 101(a)(25)(B);’’; SEC. 480. PROTECTION AND ADVOCACY OF INDI- U.S.C. 1904(a)) is amended by striking ‘‘1999 (2) in subsection (b), by striking paragraph VIDUAL RIGHTS. through 2003’’ and inserting ‘‘2008 through (6) and inserting the following: Section 509(g)(2) of the Rehabilitation Act 2012’’. ‘‘(6)(A)(i) Consultation and technical as- of 1973 (29 U.S.C. 794e(g)(2)) is amended by (b) HELEN KELLER NATIONAL CENTER FED- sistance services to assist State and local striking ‘‘was paid’’ and inserting ‘‘was paid, ERAL ENDOWMENT FUND.—The first sentence educational agencies in planning for the except that program income generated from of section 208(h) of such Act (29 U.S.C. transition of students with disabilities from such amount shall remain available to such 1907(h)) is amended by striking ‘‘1999 through school to post-school activities, including system for one additional fiscal year’’. 2003’’ and inserting ‘‘2008 through 2012’’. employment. SEC. 481. CHAIRPERSON. Subtitle E—Transition and Effective Date ‘‘(ii) In a transition services expansion Section 705(b)(5) of the Rehabilitation Act SEC. 491. TRANSITION PROVISIONS. year, training and technical assistance de- of 1973 (29 U.S.C. 796d(b)(5)) is amended to The Secretary of Labor shall take such ac- scribed in section 101(a)(25)(B)(iv). read as follows: tions as the Secretary determines to be ap- ‘‘(B) In a transition services expansion ‘‘(5) CHAIRPERSON.—The Council shall se- propriate to provide for the orderly imple- year, services for groups of individuals with lect a chairperson from among the voting mentation of this title. disabilities who meet the requirements of membership of the Council.’’. SEC. 492. EFFECTIVE DATE. clauses (i) and (iii) of section 7(35)(A), includ- SEC. 482. AUTHORIZATIONS OF APPROPRIA- Except as otherwise provided in this title, ing services described in clauses (i), (ii), (iii), TIONS. this title and the amendments made by this and (v) of section 101(a)(25)(B), to assist in The Rehabilitation Act of 1973 is further title, shall take effect on the date of enact- the transition from school to post-school ac- amended— ment of this Act. tivities.’’; and (1) in section 100(b)(1) by striking ‘‘fiscal The SPEAKER pro tempore. Pursu- (3) in subsection (b) by inserting at the years 1999 through 2003’’ and inserting ‘‘fiscal end, the following: years 2008 through 2012’’; ant to House Resolution 781, the gen- ‘‘(7) The establishment, development, or (2) in section 100(d)(1)(B) by striking ‘‘fis- tleman from Louisiana (Mr. MCCRERY) improvement of assistive technology dem- cal year 2003’’ and inserting ‘‘fiscal year and a Member opposed each will con- onstration, loan, reutilization, or financing 2012’’; trol 30 minutes.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.033 H31OCPT1 cnoel on PRODPC60 with HOUSE H12328 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Mr. LEVIN. Mr. Speaker, I ask that don’t know. We are willing to go up on credits. These tax credits, we believe, the time in opposition be controlled by that. We think it is appropriate to do would bring significant amounts of pri- the gentleman from Washington (Mr. that. We’ve included 70 percent in our vate capital into these economically MCDERMOTT). bill. And the House should know that disadvantaged areas to create jobs to The SPEAKER pro tempore. Is the that means that a person who is laid replace those that had been lost due to gentleman from Washington opposed to off and who is eligible for trade adjust- trade. the amendment? ment assistance can get, under our sub- Mr. Speaker, we believe this sub- Mr. MCDERMOTT. Yes. stitute, 70 percent of the premium paid stitute is a much more cost-effective The SPEAKER pro tempore. The gen- by the government. So, that laid-off approach than that contained in H.R. tleman will control 30 minutes. worker would only have to come up 3920 and would help all Americans, not The Chair recognizes the gentleman with 30 percent of the premium to con- just those who lose jobs to trade, get from Louisiana. tinue coverage under COBRA or to get the skills needed to find productive Mr. MCCRERY. Mr. Speaker, the some other qualified insurance plan. new jobs. amendment I offer, along with Mr. Number three, our bill would convert I urge my colleagues to vote for the MCKEON, is a substitute for the bill the wage insurance pilot program for substitute. that is before the House this afternoon. older workers into a transitional wage Mr. Speaker, I reserve the balance of Our amendment would reform and re- supplement for all TAA workers, re- my time. authorize for 5 years the Trade Adjust- gardless of their age. It would be al- Mr. MCDERMOTT. Mr. Speaker, I ment Assistance program, and we be- lowed for any worker who became re- yield myself such time as I may con- lieve our substitute would strengthen employed at low wages, low wages sume. Mr. Speaker, I want to commend my and improve not only TAA but the being defined as minimum wage plus Republican colleagues for proposing a Workforce Investment Act program as $2.40 an hour, and allow them to ob- substitute today. It’s healthy for well. tain, at the same time they were get- America to see two different views on b 1330 ting this wage supplement, the health how we should help dislocated workers. care tax credit and additional trade ad- Our bill would better equip workers Democrats want to help more work- justment training, which right now, if ers who lose their jobs because of affected by trade, globalization, and a person goes back to work, under TAA other causes of job loss with the skills trade, especially workers providing he is not eligible for those benefits. So services. The Republican substitute needed to adjust to changes in the our bill would expand the availability global economy. says no to helping those workers. of the health care tax credit and job Democrats want to assure more dis- Our Republican alternative consists training under TAA for people who go of four related pieces of legislation sep- located workers have an opportunity to back to work and who are receiving a receive training. The Republican sub- arately introduced this year. Some of wage supplement. these are under the jurisdiction of the stitute would, instead, cap the amount Number four, our bill would require of training any worker can receive, not Ways and Means Committee; others are indicators of performance to evaluate under the jurisdiction of the Education to go on and finish a program. the Trade Adjustment Assistance pro- Democrats want to assure health and Workforce Committee. grams and their results. Currently, care coverage is affordable for workers Among other things, our bill would TAA programs have no measure of per- losing their jobs by paying 85 percent provide more flexible training options formance, no way for us to tell if these of their premium. The Republican sub- to get people into training sooner and programs are being effective or if tax- stitute said, well, 65 wasn’t enough, but back to good jobs more quickly. For payer dollars are being wasted. Our bill we’ll give you 70. So again, they cut example, we’ve heard some discussion would put in place those indicators of the workers short. about the plant closing notice. The bill performance to give us the idea of the Democrats want a better wage insur- before the House this afternoon would efficiency of these programs. ance program to help trade-affected expand the amount of time from 60 Number five, in provisions affecting workers who are reemployed in jobs days to 90 days that a plant company the unemployment insurance program, that pay less than their prior employ- would have to give notice to employees our bill would allow States to apply for ment. The Republican substitute guts of either plant closure or a substantial cost-neutral waivers of current rules to the program as it presently exists and layoff at that plant. operate wage insurance and other dem- instead only provides a benefit to those Under the current constriction of onstration programs to better assist at the very lowest wage jobs. TAA, a worker in that plant wishing unemployed workers in returning to Republicans don’t care if workers to, perhaps, go to job training at night work. have a chance to get a living-wage job; after he gets off work, waiting for the Now, Mr. Speaker, I have heard some they want to force people back to min- expiration of the 60-day notice or the in opposition to the Republican sub- imum-wage jobs. Democrats want to 90-day notice could not qualify for TAA stitute say that this would allow help States improve unemployment in- training benefits. Our substitute would States to do away with their unem- surance for all workers who are denied correct that and allow that worker to ployment insurance benefits. We cer- unfairly their benefits, especially take advantage of trade adjustment as- tainly didn’t intend that in our sub- women. The Republican substitute goes sistance while he is still working in stitute; we don’t think that the lan- in the opposite direction by allowing that plant that he knows is going to be guage would allow that. But in any the administration to approve waivers closed and where he would lose his job. event, a State would have to get a from States that could deny more job- Number two, our bill would continue waiver from the executive branch to less workers unemployment insurance. the health coverage tax credit over our take advantage of these provisions, and In short, the Democrats want to help bill’s 5-year life and increase the pre- I doubt seriously if any executive workers navigate the global economy. mium subsidy from 65 percent to 70 branch under any President would The Republican substitute, on the percent. Mr. LEVIN earlier talked about allow a State to just do away with its other hand, tells workers, well, you’re how the current 65-percent credit has unemployment insurance benefits. So, still, more or less, on your own. not been enough to entice a high num- I don’t really think that’s a valid argu- After this substitute is defeated, I’m ber of laid-off workers under TAA to ment in opposition to this increased hopeful that some of my colleagues on claim that credit and get their health flexibility that could assist unem- the other side of the aisle will ulti- care, their health insurance through ployed workers. mately join us in passing a bill to as- that method, and he is right. The take- And number six, our bill also creates sist America’s workers when they lose up rate on this benefit has been lower a new trade-related category for quali- their jobs through no fault of their than we expected, and so some adjust- fication under the new markets tax own. ment is necessary. Whether that ad- credit. Businesses and communities ex- Mr. Speaker, I reserve the balance of justment, the appropriate one to pro- periencing adverse economic effects my time. vide the right level of enticement, is 70 due to trade would qualify for an addi- Mr. MCCRERY. Mr. Speaker, before percent, or in their bill 85 percent, we tional $500 million of new markets tax yielding to Mr. MCKEON, I want to

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.057 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12329 point out that the underlying bill, as Together, these reforms will ensure the fore oppose this weakening amend- described by my friend from Wash- Nation’s workforce development sys- ment. ington, does, indeed, double, and then tem can respond quickly and effec- But we should recognize that TAA is even later triples, the TAA training tively to the changing needs of job a Band-Aid on a self-inflicted wound. budget when nearly $300 million of the seekers and those in need of training. Our trade policies are gutting the current budget lies unused. That’s just The time for job training is long American economy far beyond the abil- an example of how we think the under- overdue. The Department of Labor has ity of TAA to ameliorate the pain. lying bill that we oppose goes way too made efforts to allow flexibility and What is obvious is the loss of indi- far in expanding this program need- creativity within the existing system, vidual industrial plants. What is less lessly. and numerous stakeholders have pro- visible is the increase in our interest Mr. Speaker, I yield such time as he posed innovative new strategies. How- rates and a decline in our national in- may consume to the ranking member ever, this type of reform has been ham- dustrial base. of the Education and Labor Com- pered because Congress has failed to Today, let us adopt the Band-Aid, but mittee. I’m sorry, I’ve been calling it act. let us not use the presence of those the Education and Workforce Com- One of the most important steps we Band-Aids as an excuse for further self- mittee. My apologies to the chairman can take to strengthen our job training inflicted wounds. and to the members of that committee. system is to increase program effi- b 1345 ciency and focus on results. We must It is now the Education and Labor Today, we should pass TAA. Tomor- Committee, and Mr. MCKEON is the eliminate duplication and redundancy and create a more seamless system row, let us stop the bleeding. Let us ranking member. not adopt trade agreements that in- Mr. MCKEON. I thank the gentleman that can be flexible based on changing needs. crease our trade deficit. And let us for yielding. begin to renegotiate existing trade You know, it has been 9 years since Our amendment will eliminate cur- rent barriers to effective programs and agreements so that they are based on Congress last reauthorized the Work- results rather than based on form. force Investment Act, known as WIA. services. We will enhance the services offered to job seekers, providing great- Let us build an economy where de- We made dramatic improvements mand for labor is so high that instead through the last reauthorization, er flexibility and eliminating arbitrary requirements that prevent some work- of hearing stories of pain from workers, strengthening the nationwide system we are hearing from employers fighting of one-stop training centers where ers from getting the services they need. We also plan to restore long-standing for every available employee. Let us workers can access a variety of train- hiring protections to faith-based orga- hear of a dollar that is more valuable ing services. than the Euro and let us have a trade I remember not too long after we did nizations in order to ensure that they are able to participate fully in the job policy that for every dollar of imports, that, two of the displaced workers in we match it with a dollar of exports. my district, we’ve lost many jobs for training system. To foster regional economic develop- Until then, there are workers who are aerospace workers, two of them came ment, the Republican plan would allow in pain, who are casualties of our ill- up to me and thanked me for having regional areas to integrate workforce conceived trade policies. They need and done this because they had been able to development programs, one-stop serv- deserve our help. go back and get vouchers, receive addi- ices, and community and economic de- Mr. MCDERMOTT. Mr. Speaker, I tional training. One of them was be- 1 velopment funds into a comprehensive yield 1 ⁄2 minutes to Mr. HODES of New coming a teacher and one was going to Hampshire. workforce development system. Mr. HODES. I thank the gentleman be a computer operator. And we’ve seen Finally, our plan would strengthen for yielding. many people benefit from that pro- programs targeted towards specific Mr. Speaker, I rise in support of H.R. gram. But as yet, it has not been reau- populations, improving adult edu- 3920 and in opposition to the Repub- thorized this year. cation, vocational rehabilitation, and The system has served job seekers lican substitute. Last Tuesday, 303 youth programs. workers in Groveton, New Hampshire, well. WIA now integrates employment Mr. Speaker, I support trade adjust- a small paper mill town, heard over the and training services at the local level ment assistance, and I support its ex- radio and by newspaper the devastating in a more unified workforce develop- tension and renewal. ment system, which it did not do prior I want to recognize Representative news that Wausau Paper was closing to the 1998 reforms. Yet, without re- MCCRERY for his leadership on this im- the mill at the end of the year. On Fri- newal today, it cannot possibly keep portant issue. Our amendment will bet- day, I sent a letter to Labor Secretary pace with the rapidly changing needs of ter integrate TAA with other Federal Chao asking for expedited help under workers in a dynamic economy. programs to more effectively equip the existing TAA, and on Monday I Earlier this month, Republicans un- workers affected by trade, traveled to Groveton and met with a veiled a comprehensive road map for globalization and other causes of job number of the affected workers. It is reforming both job training and higher loss with skills they need to adapt to difficult to describe how devastating education. The Higher Education Act the changing global economy. It will this closure is to the town of Groveton, and WIA each play a critical role in join these TAA improvements to long- to the families of the workers and to keeping Americans competitive by de- overdue job training reforms. We need the region. Many of the proud workers veloping the skills and knowledge nec- to update these programs to be com- of that mill are third and fourth gen- essary in a changing economy. Unfor- petitive worldwide. eration. They have got no other skills. tunately, Democrats have not offered I urge my colleagues to join me in This is the life they know. proposals to strengthen either of these voting ‘‘yes’’ on the Republican sub- As I explained on Monday to the critical programs. stitute, which will provide a com- workers what kind of help is available I am pleased to be joining Represent- prehensive approach to helping keep in the current TAA, the thought that ative MCCRERY today in offering a pro- America competitive. was going through my mind was that posal that links our job training re- Mr. MCDERMOTT. Mr. Speaker, may this was not enough. We need to do forms with the renewal of the Trade I inquire as to how much time is re- more. These folks, their family, this Adjustment Assistance program. These maining on each side. community need more and deserve proposals work hand in hand to provide The SPEAKER pro tempore. The gen- more help from the Federal Govern- dislocated workers the type of respon- tleman from Washington has 28 min- ment. The ripple effects of this closure sive, flexible training and assistance utes. The gentleman from Louisiana are huge. It goes out into the commu- they need to get back to work. has 171⁄2 minutes. nity, to other businesses and vendors. Our proposal will strengthen WIA’s Mr. MCDERMOTT. Mr. Speaker, I That is why the H.R. 3920 provisions to infrastructure, eliminate duplication yield 2 minutes to the gentleman from redevelop communities hit by the loss and waste, increase accountability, en- California (Mr. SHERMAN). of manufacturing jobs through the des- hance the role of employers, and in- Mr. SHERMAN. Mr. Speaker, I rise in ignation of manufacturing redevelop- crease the State and local flexibility. support of TAA assistance and there- ment zones is so important.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.059 H31OCPT1 cnoel on PRODPC60 with HOUSE H12330 CONGRESSIONAL RECORD — HOUSE October 31, 2007 We’ve got more workers who need needed. In addition to that, we do pro- Mr. MCCRERY. Mr. Speaker, I re- help. They face harder times and high- vide additional funds in our bill, and it serve the balance of my time. er costs, especially for health care. We is paid for under the PAYGO rules of Mr. MCDERMOTT. Mr. Speaker, I need to expand the TAA. Now is not the House. I just wanted to make that yield 11⁄2 minutes to Mrs. MCCARTHY of the time to go backwards. The Repub- clear. New York. lican substitute is no substitute. It I reserve the balance of my time. Mrs. MCCARTHY of New York. takes us backwards. I urge my col- Mr. MCDERMOTT. Mr. Speaker, I Thank you for yielding. leagues to vote against the Republican yield 2 minutes to the gentleman from As we have heard today, the TAA proposal and support H.R. 3920. Wisconsin (Mr. KIND). program helps hardworking Americans Mr. MCDERMOTT. Mr. Speaker, I Mr. KIND. I thank the gentleman for transition to the global economy and yield 11⁄2 minutes to Mr. HIGGINS of yielding to me and commend him for adjust to economic changes resulting New York. his leadership on this issue. from the trade policy of the United Mr. HIGGINS. Mr. Speaker, I rep- Mr. Speaker, I reluctantly rise in op- States. Training and education play a resent an area of western New York position to the substitute being offered major role in whether workers will which includes the Buffalo/Niagara re- to us today and in strong support of have future success on the job. We have gion. Over the past 5 years, that region the Trade and Globalization Assistance seen the dissatisfaction of the Amer- has lost 25 percent, or 22,000 manufac- Act that we have been debating this ican people with the global economy. turing jobs. One of the gentlemen from afternoon. You have heard from many of my col- the other side said that one of the rea- I believe that in order to forge a re- leagues on how many people have lost sons for not updating the program or newed consensus in support of trade in jobs. Most of them are manufacturing adjusting it is because there is a $300 this country, we really need to accom- jobs. million surplus in the program. I would plish three things: One is we need a A lot of these people that lose their argue that that is the best reason for new template on trade agreements, one jobs can be trained. I am happy to say renewing the program, to include that I think will be reflected with the that the Ways and Means Committee workers who are precluded from bene- Peru trade agreement that will come worked with me on making sure career fits today. to the floor next week that calls for and technical schools and colleges have I oppose the Republican amendment. core international labor standards and the opportunity to be part of the TAA The Republican amendment would environmental standards in the bulk of program. It is important for people to eviscerate the Trade Adjustment As- the agreement so we begin to level the understand when someone is in their sistance program and its very purpose. trading field. late fifties and they lose their job be- Under the Republican amendment, it Another important ingredient is the cause of the global economy, that they would preclude service workers from strong enforcement of trade agree- have skills but they need to upgrade receiving benefits. Unlike H.R. 3920, ments by this administration and fu- those skills for the world that we are the Republican amendment does not ture administrations so that workers seeing in the future. Technical and ca- cover service workers. Yet according to and businesses alike know that every- reer colleges offer those particular one study by a leading technology con- one is playing by the same rules and if uses. sulting firm, 3.3 million service work- they are not, there will be con- I am happy to say that the TAA bill ers will lose their jobs by 2015. sequences. that the Democrats have put forward The Republican amendment would Finally, there has to be assurance to are going to help our workers through- prohibit manufacturing workers whose the workers of this country that when out this country, and with health care jobs are offshored to China or India they do feel the adverse affects of so that they can provide. Our workers from receiving benefits. Current law globalization and job displacement or are putting in more time than ever be- precludes those workers from eligi- downsizing or outsourcing, there will fore. Our productivity is up. But, bility. 3920 fixes this inequity. be adequate programs there to assist again, we have to keep pace with edu- Finally, the Republican amendment them to get on their feet, from job cation. I am very happy to say that we would cut worker training benefits. All training funding to adequate health are part of that educational system. of the States who have enrolled dis- care coverage during a very difficult This is a good bill. I rise against the placed workers in these programs, the and oftentimes traumatic moment in Republican substitute because it cost exceeds that which is provided in their lives. doesn’t fill the bill. We have waited too the Republican amendment. Unfortunately, the substitute falls long to get this done. Mr. MCCRERY. Mr. Speaker, I yield short in regards to the support mecha- Mr. MCCRERY. Mr. Speaker, may I myself such time as I may consume. nism. It precludes service workers from inquire as to the time remaining. The Republican substitute before the qualifying for these TAA benefits. It The SPEAKER pro tempore. The gen- House at this time does not eviscerate prohibits manufacturing workers tleman from Louisiana has 16 minutes anything, much less the TAA program whose jobs are offshored to China and remaining and the gentleman from which is reauthorized in the substitute India from qualifying for these bene- Washington has 20 minutes remaining. for 5 years exactly as it is. The benefits fits. It also cuts worker training bene- Mr. MCCRERY. I reserve the balance are the same. The amounts are the fits by capping it at $8,000, even though of my time. same. I don’t know where the last we know that the average State today Mr. MCDERMOTT. Mr. Speaker, I speaker got his information, but the is spending close to $15,000 for job yield 2 minutes to the gentleman from substitute certainly does not evis- training benefits. North Carolina (Mr. MCINTYRE). cerate the TAA program. It reauthor- Finally, they pull up short on the Mr. MCINTYRE. Mr. Speaker, I op- izes the existing program for 5 years. crucial aspect of adequate health care. pose the Republican amendment which Then, in addition, we make some They move from 60 to 70 percent sup- guts the trade adjustment assistance changes in the law that allow those port for the premiums of workers, program’s very purpose, which is to be benefits under the TAA to be used in whereas we go to 85 percent. And even able to help workers affected by trade instances where under current law they at 85 percent, that remaining 15 per- and globalization get the help they can’t be used, and I have described one cent can be very, very expensive for the need to get back on their feet and ob- of those already in my earlier presen- average worker when they have lost tain new, good-paying jobs, and I sup- tation. their job and they don’t have an in- port the underlying bill. So I hope this House doesn’t get the come. They also don’t minimize the Earlier this year, I joined other mem- wrong impression about this sub- gaps in coverage as we do. And they bers of the North Carolina delegation stitute. It certainly endorses the TAA also don’t allow the continuation of and introduced a similar bill, H.R. 1729, program. We are for the TAA program. COBRA coverage for employees as we the Trade Adjustment Assistance Re- We think it is important. But we think do in the substitute. form Act, whose essential language is our bill gives a lot more flexibility I would encourage my colleagues to mirrored in this bill. The provisions in that is needed in the program and some support H.R. 3920 and oppose the Re- our original bill were based on the rec- accountability in the program that is publican substitute. ommendations made by the North

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.063 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12331 Carolina Dislocated Worker Advisory ticipants’ access to training and edu- ing, but also assisting those States Committee, a group convened by the cation by: one, providing New Economy that are led by Democrat and Repub- North Carolina Rural Economic Devel- Scholarships of up to $8,000 that a par- lican Governors. So I share with all of opment Center that included, among ticipant can use over a 4-year period in my colleagues here on the floor: Do others, leaders from the community a range of training programs; and, sec- what is right. To say that we can cut college system, the Employment Secu- ondly, authorizing $50 million for new things in half or keep things at status rity Commission and the Workforce capacity building grants for commu- quo and still do a good job by allowing Development Division of the North nity colleges and other training pro- individuals that have lost their jobs Carolina Department of Commerce. viders to offer enhanced training to the assistance that they need as relates Mr. Speaker, North Carolina’s in- more TAA participants. to training, as it relates to health care, volvement in the TAA debate is impor- This amendment also would provide is just not living in the real world. tant. Why? Because our State has had TAA participants with more flexible I encourage the Members to vote the most workers covered by TAA cer- training options that are not available against the Republican amendment, tifications, the most workers bene- under current law, including allowing oppose it, and support the Trade and fiting from the health coverage tax participants to combine full-time work Globalization Assistance Act that is credit, and one of the highest number with either full-time or part-time brought by the majority. I know that it of workers enrolled in TAA-sponsored training, or combine part-time work will be a bipartisan vote in the final worker training. In fact, as of August with either full-time or part-time analysis. 10 of this year, there were 12,693 TAA training; and allowing training pro- Mr. MCCRERY. Mr. Speaker, unless participants in North Carolina, includ- grams that lead to a license, certificate the cavalry comes riding over the hill, ing over 9,800 enrolled in training. That or community college degree and are I only have one remaining speaker. is why I am very pleased to support the linked to a high-demand occupation, as Mr. MCDERMOTT. Mr. Speaker, I underlying bill and oppose this Repub- well as apprenticeship programs. yield 21⁄2 minutes to the gentleman lican amendment. Moreover, this amendment would en- from Texas (Mr. HINOJOSA). This bill also expands TAA eligibility able TAA participants to begin train- (Mr. HINOJOSA asked and was given to include dislocated workers affected ing sooner, even prior to layoff. This permission to revise and extend his re- by a shift in production in which the amendment also allows workers to marks.) workers’ jobs are moved to nations focus on a job search sooner, while re- Mr. HINOJOSA. Mr. Speaker, I rise with no preferential trade agreements, ceiving income support, without also in opposition to the McCrery amend- such as China. It also gives our States having to be in training or obtain a ment in the nature of a substitute. I the flexibility and increased funding to training waiver, which is required support the underlying bill, H.R. 3920, meet the increasing demand for serv- today. This amendment also would en- which is important to our State of ices and increases the health coverage courage better allocation of current Texas and to our Nation. The Edu- tax credit to 85 percent of the dis- training funds for the States, which cation and Labor Committee, on which located workers’ health care premiums. have not been fully used, by requiring I serve, is separately considering the It makes changes to simplify the appli- the Department of Labor to report to reauthorization for the Workforce In- cation process for dislocated workers Congress every 6 months on this fund- vestment Act. The Trade and so that they can get help in a timely ing allocation. Globalization Assistance Act is not the manner. Mr. Speaker, I believe this amend- appropriate bill for addressing it. Rath- In the last 5 years, Mr. Speaker, ment makes meaningful training re- er than address the root causes of why North Carolina has been hurt by manu- forms to TAA that would provide more little actual job training services are facturing layoffs more than any other flexible options to participants and provided under WIA, the McCrery sub- State. We have had the most demand better enable them to gain the skills stitute gives Governors and not con- for trade adjustment assistance. There- they need to return to work sooner. I sumers, the American workers, greater fore, I urge the Congress to oppose this urge my colleagues to support the control over critical resources. substitute amendment. Let’s get on to amendment in the nature of a sub- Mr. Speaker, most alarming is the the business at hand, approve this un- stitute. fact that the minority believes it can derlying legislation and have the Presi- Mr. MCDERMOTT. Mr. Speaker, I simply change the bureaucratic ele- dent sign it into law. yield 2 minutes to the gentleman from ments of the WIA system and ensure Florida (Mr. MEEK). those who need training receive it. Ac- b 1400 Mr. MEEK of Florida. Mr. Speaker, it tual job training has fallen 50 percent Mr. MCCRERY. Mr. Speaker, I yield 4 is an honor being here to address this under WIA, compared to JTPA. Only minutes to the distinguished ranking piece of legislation, TAA legislation es- 200,000 adults and dislocated workers member of the Trade Subcommittee, pecially, better known as the Trade have received training, out of 8 million the gentleman from California (Mr. and Globalization Assistance Act. It is unemployed individuals. The Depart- HERGER). very, very important to the progress of ment of Labor estimates that less than Mr. HERGER. Mr. Speaker, I rise in trade. Also, it is important to many 50 percent under WIA funds are being support of an amendment in the nature States out there in the Union. I think used for core, intensive and training of a substitute to H.R. 3920 offered by it is important. I stand to oppose the services. In real terms, appropriations Mr. MCCRERY and Mr. MCKEON. In par- Republican amendment to this great for WIA have dropped by over $1 billion ticular, I would like to focus on the piece of legislation, because if you during this administration’s clock in provisions in this amendment that adopt their amendment, you’re doing the last 6 years. Just this past year would provide TAA participants with less than what we would like to do in this administration has proposed a cut quicker access and more flexible train- the present legislation that is on the of $1 billion, including a rescission. ing options to obtain the skills they floor today. Fortunately, our Appropriations Com- need to return to work as quickly as Mr. Speaker, when it comes down to mittee has restored this funding. possible. training funds, this bill doubles the It should also be noted that WIA ex- H.R. 3920 contains some TAA training current training funding cap from $220 pired in 2003, and the minority had reform, but it is largely geared towards million to $440 million and increases it ample opportunity to reauthorize WIA keeping people in TAA longer, and is to $660 million by 2010. This is music to but failed to do so. Representative costly. In contrast, this amendment the ears of so many States and espe- MCKEON only introduced the WIA reau- provides much greater individual cially individuals that have lost their thorization bill earlier this month, es- choice and more flexible access to jobs because of trade, because of sentially with the same proposals that training through a new approach de- globalization. failed to pass the previous two Con- signed to get people into training soon- So we are here on the floor, espe- gresses. Moreover, given the length of er and better equip them to get back to cially with me being a member of the time that has transpired from the 108th work more quickly. For example, this Subcommittee on Trade, we are here Congress when the Workforce Invest- amendment would improve TAA par- on the floor to promote not only train- ment Act was due to be reauthorized,

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.066 H31OCPT1 cnoel on PRODPC60 with HOUSE H12332 CONGRESSIONAL RECORD — HOUSE October 31, 2007 until today, it is essential that we give first time of the 70-year history of the selves in a situation, really through no this critical piece of legislation a fresh unemployment insurance system, the fault of their own, that they suffer job look. substitute would allow States to deny loss because of a decision that is made Mr. Speaker, we have a changing unemployment insurance benefits to to close a facility or to transfer their economy and labor force, which means dislocated workers. The underlying bill job overseas. that there are new challenges and new provides American workers with the What we have now seen over the last opportunities that we should consider. support and tools needed to expand job decade is that there has been a huge The Education and Labor Committee training opportunities and transition impact in families all across this coun- has actively begun the WIA reauthor- workers into 21st century jobs. try, in all different parts of the region ization process. The Subcommittee on This bill, H.R. 2930, triples the cur- of this country, that have been eco- Higher Education, of which I am the rent job training cap to $660 million by nomically severely displaced, that have chairman, held two hearings in June 2010 and increases the health care pre- had to scramble to try and get job and July, and received recommenda- mium subsidy to 85 percent. This is an training, to get health care, to get a tions from stakeholders on WIA reau- important investment in the American new job, to get a new profession, to get thorization. The subcommittee also workforce to enable Americans to re- a new occupation. At first, people asked all interested parties to submit main competitive in the global econ- thought it was only limited to those proposals to the committee, and the omy. who did hot, heavy, dirty, nasty jobs. committee staff is reviewing those rec- So I ask my colleagues to vote But that is not the case. What we see ommendations that have been sub- against the Republican substitute and is, with the continued trend toward mitted by over two dozen organizations vote for H.R. 2930, the McDermott-Ran- globalization and outsourcing, that it and continues to meet with interested gel-Levin bill. can impact all different classes of groups on WIA. Committee staff has of- Mr. MCCRERY. Mr. Speaker, I yield Americans. fered to work with the minority staff myself such time as I may consume. But at a minimum, what we ought to as WIA proceeds through the com- Mr. Speaker, I would point out that do is make sure that those people have mittee. service workers today are entitled to some ability to make a transition to Regrettably, WIA programs have suf- unemployment insurance benefits, and that new job, to that new profession, to fered funding cuts over the past 7 that is the primary form of income retirement if they are older workers, years, largely because the administra- support under TAA. But to expand to and not risk losing everything that tion requested the cuts and opposed service workers all of the other array they built up during the time that they congressional efforts to approve WIA of benefits under the TAA may be pre- were holding their jobs. They should funding. mature. not be in a position where they are Mr. Speaker, I urge my colleagues to In a bill that passed this Congress scrambling to try to find health care, reject the substitute amendment and and was signed by the President earlier job training, saving their home, maybe to vote for passage of the underlying this year, there was a mandate for a their kids’ education, and maybe even bill. study to look at service workers and the car they need to go to work. Too Regrettably, WIA programs have suffered the impact of trade on service workers. often, that is what happens in this funding cuts over the past 7 years largely be- We don’t yet have, obviously, the re- country because of the inadequacies of cause the administration has requested the sults of that study, so it may be pre- these underlying laws. Trade assist- ance over the last decade, WIA over the cuts and opposed congressional efforts to im- mature to just willy-nilly offer all last decade, have not provided com- prove WIA funding. It is my hope that we can these benefits to service workers. prehensive services for these workers generate bipartisan support to reverse that And while Mr. MORAN spoke about that they can fully engage in. trend. some projection of losses of service I urge my colleagues to reject the substitute worker jobs over the next 10 or so b 1415 amendment and to vote for passage of the un- years, in an April 2007 paper, the Peter- We need these kinds of changes that derlying bill. son Institute for International Eco- are presented by the committee bill Mr. MCDERMOTT. Mr. Speaker, I nomics evaluated data on the extent of coming out of Ways and Means. I be- yield 11⁄2 minutes to the gentleman the impact of off-shoring on service lieve we need the notification provi- from Virginia (Mr. MORAN). sector labor markets in the United sions that came out of the Education Mr. MORAN of Virginia. Mr. Speak- States, and their review of the data and Labor Committee, and clearly we er, I rise in opposition to the McCrery concluded that just under 1 million need an extension of the COBRA bene- substitute and in support of the Ran- American service workers lost their fits for people who find themselves in gel-Levin-McDermott underlying bill. jobs from 2004 to 2005 due to mass lay- great jeopardy of not only temporarily As we continue to expand and open offs of 50 or more employees, while 8 losing health care, but very likely per- our markets to new competition, we million service sector jobs were created manently losing health care until they have an economic and a moral respon- during that time. And of those 1 mil- are eligible for Medicare because they sibility to ensure that our domestic lion jobs lost, only about 4 percent may have health conditions that are workers are equipped with the nec- could be attributed to off-shoring or preexisting and it is either so expensive essary skills and tools to compete in a offshore outsourcing. to get an individual policy or people global market. So I think the question of the impact won’t write that policy for them, for I support free trade, which is all the of trade on the service sector is cer- whatever excuses they have to cover up more reason to support the reforms and tainly an open one, and the House may the idea of a preexisting condition. expansion of a program that will help be well advised to wait for the results So this is a basic fundamental com- our workers adversely affected by trade of the study that we mandated in pre- pact between this government that has and the globalization of our economy. vious legislation that passed this year. made a decision, I think properly so, to It is estimated that more than 3 mil- Mr. Speaker, I reserve the balance of engage the rest of the world through lion service workers’ jobs will go over- my time. trade agreements and globalization, seas by 2015, so the expansion of cov- Mr. MCDERMOTT. Mr. Speaker, I but we have to look at what happens erage to the service workers section is yield 3 minutes to the gentleman from here at home. These trade agreements especially important and appropriate. California (Mr. GEORGE MILLER). are now being strengthened through But the McCrery substitute will limit Mr. GEORGE MILLER of California. the good work of Mr. RANGEL and the trade assistance adjustment by not of- Mr. Speaker, I thank the gentleman for committee and Mr. LEVIN and others, fering any support to service or public yielding, and I rise in opposition to to provide for ILO labor standards sector workers. The substitute will this substitute and in strong support of overseas so we can compete on a fairer also set a cap on available training the underlying legislation. basis with workers overseas, with envi- funds, denying many workers the tools I really want to say that I think that ronmental standards so we don’t let and resources to be more competitive this is the bare minimum that a soci- them subsidize products by just dump- in the global economy. And as I read ety and a government can do for those ing toxins into the rivers and bays and the language of the substitute, for the members of our society that find them- oceans.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.068 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12333 This is an important piece of legisla- stitute more than doubles the amount on an innovative, skilled workforce, tion, and I urge my colleagues to sup- available. does not change, China will be the port it. In the case of remedial education, the number one economy by 2050 and India Mr. MCDERMOTT. Mr. Speaker, I scholarship amounts to an extra $1,000, number two. We will be number three. yield myself 3 minutes. nearly tripling the average cost of As service workers have grown to be Mr. Speaker, my distinguished col- training. a more significant part of the economy league from Louisiana keeps worrying The most common provider of occu- than they were when the initial Trade about the fact that we are pational training is the local commu- Assistance Act was passed in 1962, it is mischaracterizing his amendment. I nity or technical college. The limit of vitally important that we invest in want to take a specific because the $8,000 over 2 years is significantly their retraining also. whole question of putting a cap on greater than the average cost of a 2- The substitute amendment would ac- training benefits is a cut in benefits year program at a community college, tually remove these workers, needed to from what we presently have. The un- and is similar to limits that apply to be re-skilled for our economic future, workable thing that was in the law be- other Federal postsecondary assist- from the bill. And at a time when fore, when you cap at $4,000 the amount ance. health care premiums have risen as a per year that a worker can get, a total Under current law, Mr. Speaker, not-so-hidden tax, 70 percent in the of $8,000 over a 2-year period, in Min- while there is no specific monetary last 6 years, the substitute amendment nesota and Maine, 50 percent of the limit, as there is in our substitute, the does nothing to fix the flaws in the old workers spend $10,000. Thirty percent cost of training must be reasonable and Trade Assistance Act that precludes of the TAA workers in Pennsylvania that reasonableness is decided by the families from receiving the health care spend more than $15,000 over 10 years. various States. So the amount that is tax credit for which they are eligible. Twenty-five percent of the people in available is subject to judgment and to In short, having visited the UAE and South Carolina spend over $15,000. uncertainty. Our substitute removes China decades ago, and seeing them Eighty percent of the workers in Ne- that uncertainty so that a person now, there is no question that a small braska spend more than $10,000. knows going in how much he is going investment in a healthy, educated and Now, when you put that cap on there, to have to spend on training. retrained workforce is needed to pre- you are saying to a 45- or 50-year-old Our substitute significantly enhances clude our economy from being number worker who used to make 35, 40, 45, 50, access to training by removing addi- three. We want the same quality of life our $55,000, we are not going to give you tional eligibility criteria and allowing forefathers had when they invested in sufficient money to really retrain for a people who do get new jobs to use the the GI bill, and this is no different. job that you had equivalent in pay be- training benefit unlike current law. So This is a small investment so we give fore. You are saying whatever you can we expand current law in that regard the quality of life we had to our chil- get for four grand, fine, that’s it. But if with respect to training benefits. dren. it takes more than that, well, you’re Mr. Speaker, I hope the gentleman Mr. MCDERMOTT. Mr. Speaker, I from Washington has listened to my re- on your own. yield 3 minutes to the gentleman from This bill is designed to try and help buttal and is convinced now that we Michigan (Mr. LEVIN). workers who were the middle class in don’t gut the training benefits in TAA. (Mr. LEVIN asked and was given per- this country, people who were making If he is not, though, if he will vote for mission to revise and extend his re- livable wages. Now, you also say in the substitute, I look forward to work- marks.) your bill that your wage insurance, it ing with him to smooth out the com- Mr. LEVIN. The choice is clear. We used to be in the present bill if you plaints that he has. have heard your rebuttal. Your bill were over 50 and your job was making I reserve the balance of my time. does really nothing about the problem less than $50,000 a year, you could re- Mr. MCDERMOTT. I wish you and I for people in manufacturing. If there is ceive up to an additional $5,000 if you could have a debate. an outsourcing to China, the workers took a job that paid less than you were Mr. Speaker, I yield 2 minutes to Mr. are out in the cold. That is cold, not making before. SESTAK, the gentleman from Pennsyl- like you. But it is cold. Now, what you’ve done in this bill, in vania. Service employees, why distinguish? this amendment you offer, you say we Mr. SESTAK. Mr. Speaker, I watched It is an increasing part of our economy. will give you a minimum wage job, and the world change during nearly four You do nothing. if you don’t make an additional $2.40 decades in the Navy, having joined up In health care you put a little patch above that minimum wage in your in 1970. I have been almost everywhere. on a big problem, and that is not good State, then we will sort of give you a Several decades ago I went to China health care. little cushion up to that $2.40. That is and to the United Arab Emirates when Essentially what you are trying to do pushing people to low-wage jobs. You they were not the powers they are with your substitute is to minimize the are taking those $50,000-a-year people today. problem rather than maximizing an ef- who were working in auto factories and The strength of our international fective response. The 3 percent figure working in manufacturing jobs across trade is absolutely crucial to the eco- as to the impact of trade is really out this country and you are saying, go out nomic prosperity and global competi- of thin air. It is surely not true of man- and get yourself a minimum wage job tiveness of our Nation. But there are ufacturing. Not at all true. Some who and we’ll give you an extra $2.40 an consequences of globalization, and we served in Republican administrations hour. My, aren’t we generous. must address them if we are to remain say it has been much more than that. And you understand why we talk and have a fully skilled workforce that In the capping of training, we heard about you gutting what miserable pro- can continue to compete. the response from the representative of gram you put in place in the first This is why trade adjustment assist- the administration. That $3,000 figure place. ance is so important. It ensures the at best is an average, and even that is This bill that we have put together transition of the workforce that is neg- indefensible. Mr. MCDERMOTT read to here today is one that will allow atively impacted by trade to step back you the number of States where train- States, and the reason why we put ad- and to receive the tools that prepare ing is much higher, so you essentially ditional money in for training is no one them to reenter the workforce at a cut the worker off halfway. That’s could use it before. They will under our higher, more skilled, competitive level. what you are going to do in terms of bill. Good for them. Good for America. training. Mr. MCCRERY. Mr. Speaker, in re- The substitute amendment removes Seven States ran out of resources in sponse to the remarks of my friend this focus on ensuring a more wealthy 2007, nine in 2006; you do nothing. We from Washington, I would point out economy because of a retrained work- need a new trade policy. We need a that using Bureau of Labor statistics, force. It actually caps retraining fund- new, vigorous TAA. We need more than the average cost of training under cur- ing at $8,000, less than all but one a pat on the back. rent law is only $3,000. So the $8,000 State. This, when economists state Our bill does what needs to be done. New Economy Scholarship in our sub- that if our competitive ability, based I am afraid the substitute at best is a

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.072 H31OCPT1 cnoel on PRODPC60 with HOUSE H12334 CONGRESSIONAL RECORD — HOUSE October 31, 2007 pat on the back. Let’s vote it down. Mr. Speaker, I have one remaining we can reauthorize in some form this Let’s have a bipartisan vote for this speaker. The gentleman from Wash- very important program before the end TAA. Bipartisan, as we did in the Ways ington only has 2 minutes remaining, of this year. I regret that I cannot sup- and Means Committee. Bipartisan. but are you ready to close? port the majority bill that’s on the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, with your permission, floor today. I think we have offered a The SPEAKER pro tempore (Mr. I’ll close for our side. reasonable substitute and I’m hopeful Mr. MCDERMOTT. Mr. Speaker, do LYNCH). The Chair reminds Members that the House will adopt our sub- that all remarks in debate are to be ad- you have the right to close? I think stitute, and then as the process moves dressed to the Chair. you have the right to close. through the Senate and to the Presi- The SPEAKER pro tempore. Under Mr. MCCRERY. Mr. Speaker, may I dent, we can perhaps refine that prod- the rules of the House, the gentleman inquire how much time remains on uct some more and get a bipartisan opposing the amendment has the right each side. agreement. to close, the gentleman from Wash- The SPEAKER pro tempore. The gen- So with that, Mr. Speaker, I urge ington. tleman from Louisiana has 9 minutes adoption of the substitute. Mr. MCDERMOTT. We have the right remaining and the gentleman from Mr. Speaker, I yield back the balance to close? of my time. Washington has 2 minutes remaining. The SPEAKER pro tempore. You Mr. MCCRERY. Mr. Speaker, I yield Mr. MCDERMOTT. Mr. Speaker, I have the right to close, that’s correct. yield the remaining time that we have myself such time as I may consume Mr. MCCRERY. Oh, well, thank you to the Speaker of the House, NANCY just one more time to try to rebut the for the kind offer. I’m happy to close at PELOSI. characterization of the other side of this time, Mr. Speaker. our substitute with respect to training. I think we’ve had a good debate Ms. PELOSI. Mr. Speaker, I thank The information that we have, and today on the different approaches that the gentleman for yielding and for his we think it is reliable, is that no State the majority and minority have at this important work on keeping America ran out of training money, but obvi- point on the Trade Adjustment Assist- number one. In recent years, the increasing global ously the majority has different infor- ance Act. We certainly understand the mation and at some point during the importance of providing an array of market has brought many opportuni- process we would love to sit down with benefits to people in this country who ties but has also created unprecedented them and examine their data and our lose their jobs because of trade, and challenges as to how we address the in- creased economic insecurity faced by information to see if there is some way certainly Chairman RANGEL and I have to reconcile those and arrive at a con- talked and agreed that it’s necessary many of America’s working families. clusion that we both can embrace. We for Congress to take action and to For a long time, unfortunately, Mr. have not had that opportunity other make sure that people in this country Speaker, trade policy has focused more than the limited debate we had in com- know that as we expand trade, that the on opening new markets and has dis- mittee and now here on the floor, and benefits of trade expansion will be un- missed the real consequences of those we are hearing the same thing on the even. And there will be some in this faced by those who lose their jobs as floor we heard in committee and so we country who will lose their jobs be- well as their communities across haven’t reconciled those differences. cause of that expansion of trade, and America that are hard hit. But clearly there are differences in the we need to be prepared to assure those Democrats recognize that our eco- data that each of us thinks is reliable. people that we will help them give nomic future rests with our ability to Mr. MCDERMOTT. Would the gen- them that helping hand to lift them up open new markets for U.S. goods, espe- tleman yield? after they’ve lost that job and find cially since our markets are already Mr. MCCRERY. I would be happy to training, education, whatever is nec- largely open to our trading partners. yield. essary to get them a new job if they de- However, the status quo is not work- Mr. MCDERMOTT. You will concede sire, and in the meantime give them ing, and we must do much more to help that the Department of Labor says benefits that will allow them to take American workers compete and thrive that no State ran out of money, but care of themselves and their families. in the increasingly competitive global that GAO said that nine States ran out So we agree on the importance of market. That is the purpose of this im- of money, that there is an argument this program. I had hoped we would portant legislation before us, the trade about how the States keep their books, have had more give-and-take over the adjustment assistance bill. will you not? last couple of months with respect to Mr. Speaker, being from Massachu- Mr. MCCRERY. Yes. As I said, I think crafting a bipartisan approach to reau- setts, I’m sure you’ve read in the his- each side has information that it thorizing the program, not only be- tory books, for somebody of my age I deems reliable, but we have attempted cause the program was originally a bi- recall, when President Kennedy called to try to reconcile those two different partisan program, but also because we for the, called upon the American peo- sets of data. I am hopeful we will do are trying, some of us on both sides of ple with his challenge to put a man on that before this process is over. the aisle are trying to rebuild that bi- the Moon and have him safely return Mr. MCDERMOTT. I hope you under- partisan coalition for the expansion of within 10 years. It was very, very excit- stand we put in more money because trade around the world, knocking down ing. It was almost unbelievable, but it we hoped to cover more people. trade barriers to our goods and serv- did happen. Why I mention it, though, Mr. MCCRERY. Absolutely. ices, to make the playing field more is because in his remarks at that time, Mr. MCDERMOTT. If we change some level for United States producers of President Kennedy said, if we are to of the regulations, it will be more ac- products and services. And as we at- honor the vows of our Founders, we cessible to people. tempt to create or recreate that bipar- must be first, and therefore we intend Mr. MCCRERY. Absolutely. I do un- tisan coalition for the expansion of to be first. For our science and indus- derstand that. We, of course, as you trade, we understand that one leg of try, for peace and security, we must be know, question the need right now to that effort has got to be reauthorizing first. And that’s what this is about include all those additional people, as I and strengthening not only TAA, but today, how America can continue to be have talked about before, with respect perhaps even going beyond the current number one. to services workers. universe of beneficiaries of a Trade Ad- We have worked together with that justment Assistance program and look- Innovation Agenda in that spirit; the b 1430 ing at enhancing the benefits of all Innovation Agenda, much of which has But our substitute with respect to workers who lose their jobs, not just been passed overwhelmingly in a bipar- the universe of people presently cov- because of trade but perhaps due to tisan way by the Congress and signed ered under law by the Trade Adjust- things that are more in the rubric of into law by President Bush. And it will ment Assistance, we think the training globalization but not specifically help promote, will make serious and money in our substitute is more than trade. sustained investments in research and adequate to cover the needs of that So I’m glad that we have this bill be- development, help promote the public- population with respect to training. fore the House today. I’m hopeful that private partnerships that will develop

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.074 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12335 high-risk, high-reward ideas into mar- can only thrive if we help those who Ramstad Sensenbrenner Turner ketable technologies and more jobs for are facing the downside of a global Regula Sessions Upton Rehberg Shadegg Walberg American workers. In other words, economy. Reichert Shays Walden (OR) we’re saying, if we are going to com- In the coming months, Democrats Renzi Shimkus Walsh (NY) pete successfully, we must innovate, will continue to lay out a positive Reynolds Shuler Wamp and that innovation begins in the agenda to ensure economic growth and Rogers (AL) Shuster Weldon (FL) Rogers (KY) Simpson Westmoreland classroom. economic security for America’s fami- Rogers (MI) Smith (NE) Whitfield So Democrats recognize in the global lies. We will continue to pursue a posi- Rohrabacher Smith (TX) Wicker knowledge-based economy, America’s tive agenda to keep America number Ros-Lehtinen Souder Wilson (NM) greatest resource for innovation and one. I urge our colleagues to oppose the Roskam Stearns Wilson (SC) economic growth resides within Amer- substitute and to support the under- Royce Sullivan Wolf Ryan (WI) Terry Young (AK) ica’s classrooms, and we have made a lying legislation. Sali Thornberry Young (FL) new commitment to encouraging stu- The SPEAKER pro tempore. Pursu- Saxton Tiahrt dents and encouraging highly qualified ant to House Resolution 781, the pre- Schmidt Tiberi teachers in the field of math, science vious question is ordered on the bill, as and engineering. amended, and on the further amend- NAYS—226 We’ve also made higher education ment by the gentleman from Louisiana Abercrombie Harman Napolitano Ackerman Hastings (FL) Neal (MA) more affordable and accessible. Again, (Mr. MCCRERY), as modified. in the strong bipartisan way voted by Allen Hayes Oberstar The question is on the amendment by Altmire Herseth Sandlin Obey the House, we passed the College Cost the gentleman from Louisiana (Mr. Andrews Higgins Olver Reduction and Access Act. That was MCCRERY), as modified. Arcuri Hinchey Ortiz signed into law by the President and The question was taken; and the Baca Hinojosa Pallone has made the largest investment in col- Baird Hirono Pascrell Speaker pro tempore announced that Baldwin Hodes Pastor lege affordability since the GI Bill was the noes appeared to have it. Bean Holden Payne passed in 1944, a bill that was ref- Mr. MCCRERY. Mr. Speaker, I object Becerra Holt Perlmutter erenced by our colleague, Mr. SESTAK, to the vote on the ground that a Berkley Honda Peterson (MN) earlier. quorum is not present and make the Berman Hooley Pomeroy We’ve also forged a new approach for Berry Hoyer Price (NC) point of order that a quorum is not Bishop (GA) Inslee Rahall free trade agreements where, for the present. Bishop (NY) Israel Rangel first time, Democrats in Congress and The SPEAKER pro tempore. Evi- Blumenauer Jackson (IL) Reyes Republicans, working with Mr. dently a quorum is not present. Boswell Jackson-Lee Richardson MCCRERY and Mr. RANGEL, the chair- The Sergeant at Arms will notify ab- Boucher (TX) Rodriguez man, working with the administration, Boyda (KS) Jefferson Ross sent Members. Brady (PA) Johnson (GA) Rothman were able to forge a new approach. For The vote was taken by electronic de- Braley (IA) Johnson, E. B. Roybal-Allard the first time, enforceable basic labor vice, and there were—yeas 196, nays Brown, Corrine Jones (OH) Ruppersberger rights and environmental standards 226, not voting 10, as follows: Butterfield Kagen Rush will be included in free trade agree- Capps Kanjorski Ryan (OH) [Roll No. 1024] ments negotiated by the Bush adminis- Capuano Kaptur Salazar YEAS—196 Cardoza Kennedy Sa´ nchez, Linda tration ensuring that our trading part- Carnahan Kildee T. Aderholt Davis, Lincoln King (IA) ners do not lure American jobs abroad Carney Kilpatrick Sanchez, Loretta Akin Davis, Tom King (NY) Castor Kind Sarbanes through the use of weak labor laws and Bachmann Deal (GA) Kingston Chandler Klein (FL) Schakowsky lax environmental standards. Bachus Dent Kirk Baker Diaz-Balart, L. Kline (MN) Clarke Kucinich Schwartz Today’s bill is the next step in our Clay Langevin Scott (GA) agenda to expand economic security. Barrett (SC) Diaz-Balart, M. Knollenberg Barrow Doolittle Kuhl (NY) Clyburn Lantos Scott (VA) It’s a departure from the status quo. Bartlett (MD) Drake LaHood Cohen Larsen (WA) Serrano The current trade adjustment assist- Barton (TX) Dreier Lamborn Conyers Larson (CT) Sestak ance initiative does not do enough to Biggert Duncan Lampson Cooper LaTourette Shea-Porter Bilbray Ehlers Latham Costello Lee Sherman help those who lose their jobs through Bilirakis Emerson Lewis (CA) Courtney Levin Sires no fault of their own. Bishop (UT) English (PA) Lewis (KY) Crowley Lewis (GA) Skelton Specifically, as has been mentioned Blackburn Everett Linder Cummings Lipinski Slaughter before, the bill will dramatically ex- Blunt Fallin Lucas Davis (AL) LoBiondo Smith (NJ) Boehner Feeney Lungren, Daniel pand the number of workers who will Davis (CA) Loebsack Smith (WA) Bonner Forbes E. Davis (IL) Lofgren, Zoe Snyder qualify for TAA benefits. This is very Bono Fortenberry Mack DeFazio Lowey Solis important. It will offer increased fund- Boozman Fossella Manzullo DeGette Lynch Space Boren Foxx Marchant Delahunt Mahoney (FL) Spratt ing and options for workers’ training Boustany Franks (AZ) Matheson DeLauro Maloney (NY) Stark so that individuals can pursue sub- Boyd (FL) Frelinghuysen McCarthy (CA) stantive training programs that lead to Brady (TX) Gallegly McCaul (TX) Dicks Markey Stupak Dingell Marshall Sutton higher paying jobs. It will expand ac- Broun (GA) Garrett (NJ) McCotter Brown (SC) Gerlach McCrery Doggett Matsui Tancredo cess to health care by strengthening Brown-Waite, Gilchrest McHenry Donnelly McCarthy (NY) Tanner and streamlining the health care tax Ginny Gingrey McKeon Doyle McCollum (MN) Tauscher credit and other health benefits so that Buchanan Gohmert McMorris Edwards McDermott Taylor Burgess Goode Rodgers Ellison McGovern Thompson (CA) workers are not forced to live without Burton (IN) Goodlatte Mica Ellsworth McHugh Thompson (MS) health care as they search for a new Buyer Granger Miller (FL) Emanuel McIntyre Tierney job. And it will revitalize communities Calvert Graves Miller, Gary Engel McNerney Towns decimated by manufacturing job loss Camp (MI) Hall (TX) Murphy, Tim Eshoo McNulty Tsongas Campbell (CA) Hastert Musgrave with tax incentives. Those are some of Etheridge Meek (FL) Udall (CO) Cannon Hastings (WA) Myrick Farr Meeks (NY) Udall (NM) the provisions of this important legis- Cantor Heller Neugebauer Fattah Melancon Van Hollen lation. Capito Hensarling Nunes Ferguson Michaud Vela´ zquez Carter Herger Pearce This would represent a huge step for- Filner Miller (MI) Visclosky Castle Hill Pence Flake Miller (NC) Walz (MN) ward. This would say to the American Chabot Hobson Peterson (PA) Frank (MA) Miller, George Waters people and the American workers who Coble Hoekstra Petri Giffords Mitchell Watson have lost their jobs or are concerned Cole (OK) Hulshof Pickering Conaway Hunter Pitts Gillibrand Mollohan Watt about losing their jobs to trade that Costa Inglis (SC) Platts Gonzalez Moore (KS) Waxman they are not alone. Cramer Issa Poe Gordon Moore (WI) Weiner The bill represents a renewed com- Crenshaw Johnson (IL) Porter Green, Al Moran (KS) Welch (VT) mitment to helping American workers Cuellar Johnson, Sam Price (GA) Green, Gene Moran (VA) Wexler Culberson Jones (NC) Pryce (OH) Grijalva Murphy (CT) Woolsey who have lost their job through no Davis (KY) Jordan Putnam Gutierrez Murphy, Patrick Wu fault of their own. Free and fair trade Davis, David Keller Radanovich Hall (NY) Murtha Wynn Hare Nadler Yarmuth

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.078 H31OCPT1 cnoel on PRODPC60 with HOUSE H12336 CONGRESSIONAL RECORD — HOUSE October 31, 2007 NOT VOTING—10 came known as this idealistic, prin- his State, and about his service in this Alexander Jindal Wasserman cipled, yet liberal Member from mid- institution. Carson Paul Schultz town Omaha, which was surprising be- Peter Hoagland was a good and de- Cleaver Schiff Weller cent man who served his country well, Cubin Wilson (OH) cause he grew up in a family of pretty hard-core, conservative Republicans. and will be sorely missed by us all. b 1505 But I got to know Pete. In fact, Pete Mr. POMEROY. At this time, then, Mr. SCOTT of Georgia, Ms. LORET- even offered me a clerkship in his law Mr. Speaker I’d ask that we might TA SANCHEZ of California, Ms. WAT- office in 1986, and we became fast and have a moment of silence. SON, Ms. KAPTUR and Messrs. good friends. The SPEAKER pro tempore (Mr. STARK, STUPAK, MORAN of Kansas He then ran for Congress in 1988 LYNCH). A moment of silence has been and RUSH changed their vote from where, with the utmost dedication, he requested. Will all Members rise. ‘‘yea’’ to ‘‘nay.’’ represented the people of the Second (By unanimous consent, Mr. SHAYS Mr. TERRY and Mr. SAXTON District of Nebraska, carrying on that was allowed to speak out of order.) changed their vote from ‘‘nay’’ to principled, idealistic nature that he IN MEMORY OF THE LATE THOMAS MESKILL ‘‘yea.’’ brought to the Nebraska State legisla- Mr. SHAYS. Mr. Speaker, I rise to So the amendment, as modified, was ture. eventually ask for a moment of silence rejected. So on behalf of people of the State of for a Member of this Chamber who has The result of the vote was announced Nebraska and the Second Congres- passed away; that’s Thomas Meskill. as above recorded. sional District, I’ll say that we will He was in the U.S. Air Force and in (By unanimous consent, Mr. POM- miss our friend, Pete Hoagland. Korea for 3 years. He was the former EROY was allowed to speak out of At this time, I’d like to yield to my mayor of New Britain, Connecticut. He order.) friend from New York. was a Member of Congress for two IN MEMORY OF THE LATE PETER HOAGLAND Mr. ENGEL. I thank my friend from terms in the Sixth District. He was Mr. POMEROY. Mr. Speaker, I have Nebraska, and I too want to rise to pay Governor of the State of Connecticut, sad news for the House today. Our tribute to my classmate in 1988, Peter and he was judge of the U.S. Court of former colleague and dear friend, Peter Hoagland. Peter and I were best Appeals, Second Circuit. He was, for a period of time, the chief judge. He was Hoagland of Nebraska passed away yes- friends, socialized with our wives and clearly a distinguished member of Con- terday in the hospital in Bethesda. our kids many, many times. He was Peter served three terms in the truly a gentleman. Both our colleagues necticut, a very respected elected offi- House. Being an at-large Member from from North Dakota and from Nebraska cial, but was most respected for his North Dakota, as I arrived, I looked to really epitomized what Peter meant to service as a judge in the Court of Ap- this distinguished gentleman from all of us. His wife, Barbara, and the five peals for 30 years. Before asking for a moment of si- Omaha to be not just a friend but also children, a wonderful family. lence, I would like to yield to Mr. a mentor. And let me just say that Peter was in LARSON, who wanted to make sure that During my years in this body, I have public life for all the right reasons. He this House recognized this distin- never served with anyone who enjoyed cared so much about this country. He guished gentleman. service in this Chamber more than cared so much about public policy. He Mr. LARSON of Connecticut. Mr. Peter Hoagland. And yet, he would lay cared so much about people. Speaker, I thank Representative SHAYS his tenure right on the line to stand for In all the time I was with Peter, I for yielding. what he believed in and cast his votes was with him a lot, I never once heard This is a very difficult time for the in a way that were an example in high him utter a negative word about any- Meskill family, whose husband, father, principle. body. He really truly respected this in- grandfather served as Governor of the Peter will be deeply missed by his stitution. He loved our country, and he State of Connecticut, was a judge in family; his wife, Barbara Hoagland; respected each and every Member in the Second Circuit, chief judge from five children, Elizabeth, Katherine, this House, on both sides of the aisle. 1991 through 1992. He served in this It came as quite a shock to me when Christopher, David and Nick; as well as body with distinction. He was the I found out about his passing, although the countless friends he leaves behind. former mayor of New Britain, Con- I had known that he had been ill for a Our thoughts and prayers are with necticut. them at this difficult time. while. Sixty-six is awfully young, too And I have, for any Member request- young, when you have such a good per- b 1515 ing, the information in terms of how to son with such a great, keen intellect I had the opportunity to work with contact the family during this hour of and a wonderful person. Governor Meskill, Congressman bereavement. So I just want to say on behalf of my- Meskill, and our hearts and thoughts I want to yield a moment to Con- self, my wife Pat, my family, and our and prayers go out to Mary, his lovely gressman LEE TERRY, who now rep- class of 1988, we were 18 Democrats and wife; and his entire family. resents the seat previously held by 15 Republicans that year, we’re all With that, I would like to yield to Congressman Hoagland. And at the going to miss Peter very, very much, the current Congressman from that conclusion of Congressman TERRY, if and may he rest in peace. district, CHRIS MURPHY. we might rise in a moment of silence. Mr. HOYER. Will my friend yield? Mr. MURPHY of Connecticut. I Mr. TERRY. Mr. Speaker, on behalf Mr. TERRY. I yield to the gentleman thank the gentleman for yielding and I of all of my colleagues here and the from Maryland. thank Mr. SHAYS for bringing this be- constituents of the Second Congres- Mr. HOYER. I thank the gentleman fore the House. sional District, our prayers go out to for yielding. I know that Mr. TERRY As the Member of Congress who now Barbara, his wife, and their five chil- has spoken for all of us, and Mr. ENGEL, has the honor of serving New Britain, dren. Mr. POMEROY. Connecticut, I can tell you, as someone Peter passed away yesterday. He was For those of us who had the oppor- who didn’t know Governor Meskill and a mere 66 years old. Many of you know tunity to serve for an extended period Congressman Meskill personally, that that served with him that he developed of time with Peter Hoagland, for those he loved the City of New Britain and Parkinson’s the last few years, and it of us who knew Peter after he left the the City of New Britain loved him slowly had worsened. But as is typical Congress of the United States, this is a back. He earned the nickname of with Pete, instead of feeling sorry, he sad day. It is an appropriate day, how- ‘‘Tough Tommy’’ during his time in went out and became an advocate for ever, to remember, as Mr. ENGEL said, the Governor’s mansion when he those with Parkinson’s disease, fre- a gentleman who had nothing bad to turned a very large deficit into a very quently coming to our office to talk say about any of our Members on ei- large surplus in a short amount of about his advocacy and also about ther side of the aisle; a Member who time. As you have heard, there was local politics back home. was positive in his approach; a Member hardly an office in Connecticut in any Pete first ran for the State legisla- who was gracious to all; a Member who of the branches that Governor Meskill ture in Nebraska in 1978, where he be- cared deeply about his country, about did not hold.

VerDate Aug 31 2005 02:52 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.036 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12337 New Britain is better off for having Miller, George Ross Stark b 1534 Mollohan Rothman Stupak him. It bears his stamp. We all stand Moore (KS) Roybal-Allard Sutton Mr. ROGERS of Alabama changed his today to mourn his loss and send our Moore (WI) Ruppersberger Tanner vote from ‘‘yea’’ to ‘‘nay.’’ condolences to the family. Moran (VA) Rush Tauscher So the bill was passed. Mr. SHAYS. Mr. Speaker, as we rise Murphy (CT) Ryan (OH) Taylor Murphy, Patrick Salazar Thompson (CA) The result of the vote was announced in silence, if we could remember his Murphy, Tim Sa´ nchez, Linda Thompson (MS) as above recorded. wife, Mary; his two daughters, Maureen Murtha T. Tierney A motion to reconsider was laid on and Eileen; his three sons, John, Peter, Nadler Sanchez, Loretta Towns the table. Napolitano Sarbanes Tsongas and Thomas; and his seven grand- Neal (MA) Saxton Turner f children. Oberstar Schakowsky Udall (CO) MOTION TO GO TO CONFERENCE The SPEAKER pro tempore (Mr. Obey Schwartz Udall (NM) Olver Scott (GA) Upton ON H.R. 3043, DEPARTMENTS OF LYNCH). Members will rise and the Ortiz Scott (VA) Van Hollen LABOR, HEALTH AND HUMAN House will observe a moment of si- ´ Pallone Serrano Velazquez SERVICES, AND EDUCATION AND lence. Pascrell Sestak Visclosky RELATED AGENCIES APPROPRIA- The question is on the engrossment Pastor Shays Walberg Payne Shea-Porter Walsh (NY) TIONS ACT, 2008 and third reading of the bill. Perlmutter Sherman Walz (MN) The bill was ordered to be engrossed Peterson (MN) Shuler Waters Mr. OBEY. Madam Speaker, pursuant and read a third time, and was read the Petri Sires Watson to clause 1 of rule XXII and by direc- Pomeroy Skelton Watt tion of the Committee on Appropria- third time. Price (NC) Slaughter Waxman The SPEAKER pro tempore. The Rahall Smith (NJ) Weiner tions, I move to take from the Speak- question is on the passage of the bill. Rangel Smith (WA) Welch (VT) er’s table the bill (H.R. 3043) making Reyes Snyder Wexler The question was taken; and the appropriations for the Departments of Reynolds Solis Woolsey Labor, Health and Human Services, Speaker pro tempore announced that Richardson Souder Wu the ayes appeared to have it. Rodriguez Space Wynn and Education, and related agencies for Rogers (MI) Spratt Yarmuth the fiscal year ending September 30, Mr. MCDERMOTT. Mr. Speaker, on 2008, and for other purposes, with the that I demand the yeas and nays. NAYS—157 Senate amendment thereto, disagree to The yeas and nays were ordered. Akin Forbes Nunes the Senate amendment, and agree to The vote was taken by electronic de- Bachmann Fortenberry Pearce Bachus Foxx Pence the conference asked by the Senate. vice, and there were—yeas 264, nays Baker Franks (AZ) Peterson (PA) The Clerk read the title of the bill. 157, not voting 11, as follows: Barrett (SC) Frelinghuysen Pickering Bartlett (MD) Gallegly The SPEAKER pro tempore (Mrs. [Roll No. 1025] Pitts Barton (TX) Garrett (NJ) Platts TAUSCHER). The gentleman from Wis- YEAS—264 Biggert Gilchrest Poe consin is recognized for 1 hour. Bilbray Gingrey Abercrombie Delahunt Jackson-Lee Porter Mr. OBEY. Madam Speaker, I yield 30 Bilirakis Gohmert Price (GA) Ackerman DeLauro (TX) Bishop (UT) Goodlatte minutes to the gentleman from Cali- Pryce (OH) Aderholt Dent Jefferson Blackburn Granger fornia (Mr. LEWIS) for the purpose of Putnam Allen Dicks Johnson (GA) Blunt Hall (TX) Radanovich debate only. And I yield myself 30 sec- Altmire Dingell Johnson (IL) Boehner Hastert Ramstad Andrews Doggett Johnson, E. B. Bonner Hastings (WA) onds. Arcuri Donnelly Jones (OH) Bono Heller Regula Madam Speaker, the motion is self- Baca Doyle Kagen Boozman Herger Rehberg explanatory. This will enable us to go Baird Kanjorski Edwards Boustany Hobson Reichert to conference with the other body on Baldwin Ehlers Kaptur Brady (TX) Hulshof Renzi Barrow Ellison Kennedy Broun (GA) Inglis (SC) Rogers (AL) the Labor, Health and Human Services Bean Ellsworth Kildee Brown (SC) Issa Rogers (KY) and Education bill and begin the proc- Becerra Emanuel Kilpatrick Brown-Waite, Johnson, Sam Rohrabacher Berkley Kind ess by which we can deal with the con- Engel Ginny Jones (NC) Ros-Lehtinen ference reports on the seven bills so far Berman English (PA) King (NY) Buchanan Jordan Roskam Berry Klein (FL) Eshoo Burgess Keller Royce completed action by the Senate. Bishop (GA) Knollenberg Etheridge Burton (IN) King (IA) Sali Madam Speaker, I reserve the bal- Bishop (NY) Kucinich Farr Buyer Kingston Schmidt Blumenauer Kuhl (NY) ance of my time. Fattah Calvert Kirk Sensenbrenner Boren LaHood Mr. LEWIS of California. Madam Ferguson Campbell (CA) Kline (MN) Sessions Boswell Langevin Filner Cannon Lamborn Shadegg Speaker, I yield myself such time as I Boucher Lantos Fossella Cantor Lampson may consume. Boyd (FL) Larsen (WA) Shimkus Frank (MA) Carter Latham Boyda (KS) Larson (CT) Shuster Madam Speaker, I rise today to dis- Gerlach Castle Lewis (CA) Brady (PA) LaTourette Simpson cuss what appears to be one of the Giffords Chabot Lewis (KY) Braley (IA) Lee Smith (NE) most highly unusual decisions made by Gillibrand Coble Linder Smith (TX) Brown, Corrine Levin Cole (OK) Lucas Gonzalez Stearns the leadership of the House by way of Butterfield Lewis (GA) Conaway Lungren, Daniel Goode Sullivan combining the Labor, Health and Camp (MI) Lipinski Crenshaw E. Gordon Tancredo Capito LoBiondo Culberson Mack Human Services bill with Military Con- Capps Graves Loebsack Terry Green, Al Davis (KY) Marchant struction, VA, and all those programs Capuano Lofgren, Zoe Davis, David McCarthy (CA) Thornberry Cardoza Green, Gene Lowey Tiahrt that relate to veterans, and the DOD Grijalva Davis, Tom McCaul (TX) Carnahan Lynch Deal (GA) McCrery Tiberi bills into one package to be sent to the Carney Gutierrez Mahoney (FL) Walden (OR) Hall (NY) Diaz-Balart, L. McKeon President. Castor Maloney (NY) Diaz-Balart, M. McMorris Wamp It is my understanding that included Chandler Hare Manzullo Weldon (FL) Harman Doolittle Rodgers Clarke Markey Westmoreland in this package may be disaster fund- Hastings (FL) Drake Mica Clay Marshall Whitfield ing relief that could affect wildfires in Hayes Dreier Miller (FL) Cleaver Matheson Wicker Herseth Sandlin Duncan Miller, Gary the West. There may be other popular Clyburn Matsui Wilson (NM) Higgins Emerson Mitchell items that the majority may attempt Cohen McCarthy (NY) Everett Moran (KS) Wilson (SC) Hill Conyers McCollum (MN) Fallin Musgrave Wolf to air-drop into conference. In theory, Hinchey Cooper McCotter Feeney Myrick Young (AK) the bill itself is supposed to focus upon Hinojosa Costa McDermott Flake Neugebauer Young (FL) health care for our citizens across the Costello Hirono McGovern Courtney Hodes McHenry NOT VOTING—11 country, labor programs and education Hoekstra Cramer McHugh Alexander Jindal Wasserman programs, not defense, not veterans Holden Crowley McIntyre Carson Paul Schultz programming or other related pro- Holt Cuellar McNerney Cubin Ryan (WI) Weller Honda grams. This package would exclude any Cummings McNulty Hensarling Schiff Wilson (OH) Davis (AL) Hooley Meek (FL) DOD bridged supplemental funding for Davis (CA) Hoyer Meeks (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE our troops. Davis (IL) Hunter Melancon The SPEAKER pro tempore (during Last year, a bipartisan group of Davis, Lincoln Inslee Michaud DeFazio Israel Miller (MI) the vote). Members are advised there Members demanded that the adminis- DeGette Jackson (IL) Miller (NC) are 2 minutes remaining on this vote. tration send a full-year supplemental

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.084 H31OCPT1 cnoel on PRODPC60 with HOUSE H12338 CONGRESSIONAL RECORD — HOUSE October 31, 2007 request for activities related to the Mr. OBEY. Madam Speaker, I yield OMB, Mr. Nussle, who is the Presi- global war on terror. Now that the ad- myself 8 minutes. dent’s new budget director, he was ministration has provided the full-year Madam Speaker, the gentleman is a chairman of the Budget Committee for request, the House and Senate leader- good friend of mine. And I don’t mind 6 years. Since 1976 when the Budget Act ship have refused to provide this crit- his pulling my leg, but from way over was passed, Congress failed to pass a ical funding for our troops who are there, it’s a little bit of a stretch. budget resolution four times. Three of serving in harm’s way. Let me simply recite a few facts. If those four times occurred when Mr. Additionally, instead of moving the we take a look at the past history to Nussle was chairman of the committee. Labor-HHS bill, the DOD bill and the see how these bills have been handled So I don’t think I am going to take any MilCon-VA bills through the process by in the past, the gentleman talks about lectures about the newfound interest of regular order and holding separate con- having a separate military construc- the new budget director in having ferences, this omnibus package would tion bill. The fact is, over the last 5 timely consideration of any matter re- be carried as part of the Labor-HHS years, when our Republican friends lated to the budget. bill. controlled this House, on three occa- I would also point out that during Frankly, as I talk to my colleagues sions they tied the military construc- Mr. Nussle’s tenure of 6 years, the Re- who know the appropriations process tion bill to other bills. And on one oc- publican Congress passed three omni- around this place pretty well, they casion, they never managed to pass a bus appropriations and one omnibus can’t quite believe why we’re doing military construction bill at all. Only CR. So it seems to me that this is a de- this. For each of these bills passed the once in the past 5 years did they pass a bate about, if not nothing, at least House separately and individually, freestanding military construction bill. very little. I would simply say that they’ve got programs that are highly So, I will stack our record against what we ought to be looking at is not supported. There is little doubt that theirs any time. what kind of a ribbon we have on the regular order would work if the leader- There is another substantial dif- package, but we ought to be taking a ship would allow it to work. ference between us on that score. In look at the contents of the package. Let me be clear on this. The Presi- the 2007 budget and in the bill before And I make no apology whatsoever dent has already indicated that he will the Congress now, we’ve added $7 bil- about the contents of this package. sign a freestanding MilCon bill, and he lion in additional funding for veterans Now, if we take a look at the Presi- will sign a freestanding Defense bill. health care, money which the adminis- dent’s statement, his veto pronounce- Especially it’s important to note that tration itself opposed. So, I make no ment yesterday, he says that the Con- gress has wasted time voting on efforts the MilCon bill includes funding for apology for what we have done on that to change direction in Iraq. I would veterans as well, with a commitment score. suggest that the President has wasted 5 for his signature. By not moving these Let me also point out the gentleman years of the country’s influence by the bills individually, the majority is using is objecting to the possibility that we way he has handled Iraq in the first our veterans as well as our troops es- will combine the labor, health, edu- place. The President objects to the fact sentially as political pawns. cation bill, the defense bill and the that in all of the domestic appropria- Yesterday, I had a conversation with military construction bill into one tion bills, we are some $20 billion above the President’s Chief of Staff, Josh piece. If we do that, that would mean his budget suggestion, about 2 percent. Bolten. He clearly indicated that if this that 90 percent of the dollars in the bill That 2 percent difference is the dif- package makes its way to the White would be security related. The Presi- ference between having a President and House, it will be vetoed by the Presi- dent has asked us to send him a defense dent in this form. Apparently the having a King. And I would point out, bill and to send him a military con- he wants to spend 10 times that much President delivered a similar message struction bill. That is exactly what we to our Members and the press at the money in Iraq in just 1 year. would be doing. In addition to that, we The President says that Congress has White House yesterday morning. would be sending the largest domestic gone it alone on SCHIP. I would sug- Personally, I think it’s outrageous bill, so that together we would be send- gest the President has gone it alone in that the majority is proceeding in this ing, in essence, 71 percent of the appro- Iraq. He has gone it alone without our way with funding for our troops and priation part of the budget down to the allies. He is going it alone now without our veterans simply to try to push White House. I make no apology for the support of the American people. So through a 10-plus billion dollar in- that. I would be careful, if I were the Presi- crease in the Labor and Health and I would also point out that, while the dent, referring to someone ‘‘going Human Services programs. To me, this gentleman has a newfound objection to alone’’ on anything. is nothing more than essentially, at omnibus appropriation bills, during the I would also point out that the Presi- least some would describe it as polit- 12 years in which the Republicans con- dent says the Labor-H bill is bloated. ical blackmail, as well as a poke in the trolled this body, 56 times they sent Well, as a practical matter, if we were eye to our troops, our veterans, our omnibus appropriation bills to the to pass the President’s budget, we Members, as well as our President. President for his signature. would be cutting vocational education To the Democrat majority who con- b 1545 by 50 percent. We would be accepting ceived this misbegotten, ill-conceived the idea that we ought to cut the Na- legislative strategy, let me say this: During the Bush administration, tional Institutes of Health grants by You are not only making a mockery of they sent omnibus appropriation bills 1,100 grants over the past 2 years. We the legislative process, you are inten- to the President 27 times. The Presi- would be accepting the fact that we tionally undermining a strong bipar- dent had no objection whatsoever when ought to allow No Child Left Behind to tisan desire to fund our troops, provide they came from a Republican Congress. become a hollow shell in terms of fi- medical care for those troops, as well I find it interesting that he now pro- nancing. The President is, in fact, ob- as provide funding for our veterans. fesses objection because we are doing jecting to our increase for special edu- This approach is kind of like the what his Republican Party did in cation, an item which the Republican SCHIP package on steroids. And I be- spades for so long. Party in this House took the lead on in lieve that it, too, will fail. In fact, last year, the other side, putting in the bill in the first place. I do not intend to sign the conference when they controlled this House, they So it seems to me the President, his report or vote for it when it reaches avoided sending an omnibus appropria- priorities are not supported by the the floor. I will also be supporting the tion bill to the President because on country. So he is falling back on a President’s veto, should he decide to the domestic side of the ledger, they process argument. I don’t think any- veto this package. Clearly, this is in didn’t bother to send him any at all. So body is going to be especially im- excess, and it’s a fundamental viola- we had to spend the first 6 weeks when pressed. tion of what I think should be the tra- we were in control of this body clean- With that, I reserve the balance of dition of the appropriations process. ing up last year’s Republican business. my time. Madam Speaker, I reserve the bal- I would also point out, lest we take Mr. LEWIS of California. Madam ance of my time. lectures from the administration and Speaker, I just might mention that

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.089 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12339 during the time that the chairman and Chairman LEWIS and his committee screaming into voting for higher fund- I have worked together in the Appro- brought that bill and every other bill ing for budgets for veterans’ health priations Committee, we have talked to the floor one bill at a time. In fact, care than their own President wanted. many a time about process where we this is the first time since 1987, 20 years In fact, when their committee chair- both happen to think it is very impor- ago, that we have been in this part of man agreed with us 2 years ago that we tant. But the fact is that all three of October without a single appropria- needed to add a billion dollars to vet- these bills, the Defense bill, the tions bill having passed the House erans’ health care, they responded by MILCON and veterans bill, indeed, floor. removing that committee chairman Labor-HHS, all passed this House sepa- Clearly, if we were voting to go to from the committee because he wasn’t rately. We could carry these bills in conference on Labor, Health and following the party line. regular order. It is frankly a sham to Human Services, the motion before us, I don’t think veterans will have suggest that it is a requirement to I would have some enthusiasm for get- much trouble determining who has bring these packages together. ting at least one conference started. I been on their side the last 5 years and Mr. OBEY. Would the gentleman would also be arguing that the con- who hasn’t. yield if I yield him a minute of my ference we should be going on would be With that, I yield 3 minutes to the time? I ask unanimous consent to give the ones for the bills that have been gentleman from New York (Mr. the gentleman a minute of my time. over here the longest, and one of those ISRAEL). The SPEAKER pro tempore. Is there two bills following Homeland was, I Mr. ISRAEL. I thank the distin- objection to the request of the gen- think we call it now Military Construc- guished chairman of the Appropria- tleman from Wisconsin? tion and Veterans. But it is still a mili- tions Committee. There was no objection. tary quality of life bill. It still affects Madam Speaker, this bill does, in Mr. LEWIS of California. I yield to military families. It still affects retir- fact, combine various other appropria- the gentleman from Wisconsin. ees. It still affects veterans. And it is a tions measures. But those measures in Mr. OBEY. I would simply ask the bill that not only the President has their totality clearly reflect the top gentleman, with the exception of last said he would sign but this House priorities of the American people. In year when you were chairman, or last passed 138 days ago. The Senate passed fact, every one of those bills separately term when you were chairman, where it almost 2 months ago and named passed with significant Republican sup- were your speeches when your party their conferees 2 months ago. port by significant bipartisan majori- brought those 56 omnibus appropria- This is a bill that does have increases ties in this House. tion bills to the floor? Where were your for veterans. Every bill in the 10 years The reason that this bill in its total- objections then? I have been here has had significant in- ity makes sense and should, with all Mr. LEWIS of California. Mr. OBEY, I creases for veterans, none more so than due respect, attract the support of my know that you speak on the floor a lot this, to the point that the increases for friends from the other side of the aisle more than I do, and I appreciate the veterans and military families and is because it does, in fact, fund the talent with which you do it. But in the military construction in this bill, global war on terror. It funds our de- meantime, we are talking about reg- about $18.5 million a day, so if today fense. It funds military construction. ular order, trying to change the appro- we just multiplied that by 31, that is But it also funds America’s other prior- priations process so it makes sense, not how much money hasn’t been spent in ities. It funds our troops but it also destroy our committee. I would suggest the last month on military families, on takes care of our veterans, the largest we are on a pathway to destroy this military retirees, on military veterans, increase in veterans health care in the committee. on people serving that would have been 77-year history of the VA. It funds our Mr. OBEY. Are you saying that it affected by military construction. It’s defense with a robust military. But it didn’t make sense when your party did high time we went to conference on also funds the war on cancer with in- what we are doing today 56 times? Is that bill. creased investments in the NCI and the that what you are saying? But what we don’t want to start here NIH. Mr. LEWIS of California. What I am is a process where we take our veterans b 1600 suggesting, Mr. OBEY, is that there are, and our military families and our retir- in this place even, there are people who ees and we use them as a vehicle to It funds our military so that we can sometimes use data and statistics for have another political debate. As I un- achieve global stability, but it also their purposes versus other purposes. derstand, all I know is what I hear on gives working families and middle- This is our committee and I would hope the floor and read in the paper on this, class taxpayers a little bit of a break, we would run it in regular order. that the plan is to take three bills, two actually, more than a little bit of a Mr. OBEY. I find the gentleman’s of which almost every Member of this break, a significant break on their col- conversion interesting. Congress voted for, add to them a bill lege expenses so that our kids can com- Mr. LEWIS of California. Madam that was as divisive in floor debate as pete in a globally competitive environ- Speaker, I yield 4 minutes to the gen- any bill we debated, and have this ment. tleman from Missouri (Mr. BLUNT). three-car pile-on or this three-car pile- I would conclude, Madam Speaker, by Mr. BLUNT. I thank the gentleman up, this three-bill pileup that I think suggesting that the differences between for yielding, and I certainly don’t in- sets an unfortunate precedent for how where the administration is and where tend to lecture my good friend from we use veterans and military families. we are should not be minimized. They Wisconsin on this process. He works I wish we were going to conference on are significant. As the chairman said, hard. Between him and Mr. LEWIS, they a number of bills today, and I wish we this administration is arguing over a probably have forgotten more and have were committed to do these bills in the $22 billion increased investment with also understood more about this proc- way that both the chairman and the one hand, and, on the other hand, tell- ess maybe than any other two Members ranking member have argued effec- ing the American people they have to that have ever served. But the fact is tively over years now that we should come up with another $200 billion for when Congressman LEWIS was the be doing these bills. Iraq. We are spending $12 billion a chairman, we actually took veterans Mr. OBEY. I yield myself 1 minute. month in Iraq. The difference between out of the appropriations bill they had The gentleman says that he finds where the administration is and where been in for years because we thought this a precedent. I repeat, we are doing we are on these other priorities is 2 they had been used in a way that was with Military Construction what the months in Iraq. not appropriate. Republicans did in 4 of the last 5 years, We want $880 million in increased in- We took veterans out of VA-HUD and considering Military Construction in vestment for LIHEAP so that senior made it part of Veterans and Military association with other bills. I do wel- citizens don’t have to shiver in the cold Quality of Life for the specific reason come, however, the newfound expres- because their heating costs are too that we didn’t want to see that process sion of support for veterans by the now high. That is 21⁄2 days in Iraq, that $880 that had gone on for too long continue. minority party. Over the last 2 years, million. If we want to invest $1 billion In 2005, the first year we did that, we had to drag them kicking and in medical research for people with

VerDate Aug 31 2005 02:52 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.093 H31OCPT1 cnoel on PRODPC60 with HOUSE H12340 CONGRESSIONAL RECORD — HOUSE October 31, 2007 cancer, with Alzheimer’s, with Parkin- what? You know and I know that the you guys get together and cut cancer son’s, that’s 3 days in Iraq. President is going to veto this bill. research. Yet, that is what this pre- Our $1 billion investment covers an Yet, here we go, playing political vious Republican Congress and the entire year. The administration’s games once again. President have done the last 2 years; strategy covers 3 days in Iraq. We want As I said last week, I said last month, they have cut 1,100 grants out of the $1.4 billion for the entire year for im- and probably the month before that, National Institutes of Health, medical proved health care access. With this the American people are tired of all the research grants. If you want to live administration, the equivalent cost is 4 political games. They want us to find under the President’s budget on law en- days in Iraq. We want $1.8 billion in in- some way to resolve our differences forcement, we would cut what the com- creased investments to keep American and to deal with the issues that they mittee has in its bill by one-third. The streets safe with additional law en- care about. There are a lot of impor- President wants us to cut handicapped forcement and additional police. The tant issues in the Labor, Health and kids’ education by $300 million. Mr. administration says we can’t afford to Human Services bill that are very im- WALSH, the ranking Republican mem- keep America’s streets safe but is will- portant to our country. There’s a lot of ber of the Labor-Health Subcommittee, ing to spend an equivalent amount over important issues in the Defense appro- led the objection to that, and in fact 5 days in Iraq. priation bill. They help fund our troops persuaded the committee to put a high- Madam Speaker, this bill reflects the and give them the tools that they need. er number in the bill than I had put in priorities of the American people. Sep- Certainly, when it comes to the Mili- in the chairman’s mark; yet the Presi- arately, the components passed with tary Construction Quality of Life bill, dent says we ought to follow his budget overwhelming Republican support. taking care of our veterans is very im- for Labor-Health. If we do, we will cut This should be a bipartisan effort. It portant. But you know and I know that rural health by 54 percent. should be a bipartisan effort because, this is not more than a political trick. He also wants us down the line to cut number one, it supports our troops, Let me tell you what; it makes me the Clean Water Revolving Fund by 37 provides for robust defense, and takes sick, makes me sick to watch this percent. He wants us to cut disabled care of our priorities here at home as process continue, playing political housing assistance by 47 percent. He well. games, and nothing gets done. Congress has ordered his Secretary of Veterans Mr. LEWIS of California. Madam is at the lowest approval rating in his- Affairs to send us a letter indicating Speaker, I yield 1 minute to the Repub- tory, and what is going on? We are con- that they don’t want the $4 billion that lican leader of the House, the gen- tinuing to play political games. That is we have added to veterans health care. So you don’t think this is about pri- tleman from Ohio (Mr. BOEHNER). why the American people are sick of orities? You bet you, it’s about prior- Mr. BOEHNER. Madam Speaker, let this process, and it ought to stop. me thank my colleague from California Mr. OBEY. Madam Speaker, I yield ities. I submit to you, the teachers of this country, the school kids of this for yielding. myself 4 minutes. Let me say that my colleague from Madam Speaker, there was an old co- country, the parents of this country, California, the former chairman of the median who used to say: When some- and the veterans aren’t going to be committee, and the current chairman body says it’s not about the money, it’s fooled. Veterans aren’t going to be very thrilled if you take care of their needs of the committee, Mr. OBEY from Wis- about the money. When the gentleman so long as they are in Iraq, but the consin, are two Members who spent says it isn’t about the Labor, Health minute they get home you forget the their entire careers working through and Education bill, it’s about the help their kid’s need to get an edu- this appropriation process. They de- Labor, Health and Education bill. serve the thanks and respect of all the The gentleman objects to the fact cation, you forget the help their wife’s Members. that we are doing what has been done needs or husband’s needs if they run into medical problems. The motion here to go to conference in this institution for many years. We Veterans are whole people, just like is not about the Labor, Health and are taking the bills that are finished in everybody else. This Congress has an Human Services bill. That is not the both Houses at this time and we are obligation to meet all of their needs, issue. The issue isn’t whether we have trying to get them to the President in not just their needs so long as they are omnibus bills. We have had omnibus the fastest possible way. And the way wearing the uniform and then forget bills long before I got here and they to do that is to send them down to- them once they take it off. That is not will be going on long after I have been gether. the American way. It shouldn’t be the here. The issue here is the fact that the Now, the President wants to cherry- Congress’s way. That is why we are plan is to move this bill to the Senate pick. He wants to pick and choose. He proceeding as we are proceeding. to get a conference report, to package said you have got to send me 11 sepa- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the Labor, Health and Human Services rate bills. He didn’t send us 11 separate The SPEAKER pro tempore. The bill with the Defense appropriation bill bills. The President sends us one omni- Chair reminds all Members to address and the Military Quality of Life bill. bus budget. He put all the departments their remarks to the Chair. Why is this happening? Because our together in one document and sent Mr. LEWIS of California. Madam friends in the majority want to con- them down to us. We are sending him Speaker, I yield myself such time as I tinue to play political games here in back whatever proposals we can put to- may consume. Washington, DC. We went through po- gether in the fastest possible time. Madam Speaker, I am going to be litical games last week with the SCHIP Madam Speaker, he says that the calling upon my colleague, who is the vote, a bill that there was some at- Labor-Health bill is bloated. Well, let ranking member of the MilCon-VA bill tempt to work with us, but not really. me compare it to the President’s budg- in just a second. But I wanted to men- No changes were made. We are going et. The President says that he is the tion it is very interesting to see my through the same process of having ‘‘great decider’’ and that he is going to colleague, the chairman, to use statis- this bill vetoed again. Why? Because decide how much money is going to be tics and data for his own purposes. the majority refused to reach out and in this bill and we have got to live We have, over the last 12 years, had work with us in a bipartisan manner to within that limit or else he’s going to nine omnibus appropriations bills, and resolve the few differences, the few dif- veto anything else we send him. If we where those bills were put together in ferences we had in the SCHIP bill. But live under the President’s budget, we packages, I objected to that procedure here we go again. Here we go again. would cut vocational education by 50 all along the line. But, as a matter of Madam Speaker, the majority knows percent. Anybody think that is a good fact, as a matter of fact, negotiations and the President has made clear that idea? If we live under the President’s had taken place on the part of both he will veto this bill. To pass a bloated budget, we would eliminate all student sides of the aisle, and the President Labor, Health and Human Services bill aid but Work-Study and Pell Grants. signed those bills. He didn’t suggest he on the backs of our troops and our vet- Anybody here really believe that is a would be vetoing those bills. erans is not the right thing to do. It’s good idea? Data can be used for one’s purpose, a political trick. You’re daring the In all my years in Congress, I never but we ought to be accurate and recog- President to veto this bill. Well, guess heard anybody say: OBEY, why don’t nize that facts are facts.

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.099 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12341 Madam Speaker, it is my pleasure to days. Funds for vital infrastructure for great position of Democrat Senator yield 4 minutes to the gentleman from our troops, child development centers Henry ‘‘Scoop’’ Jackson, who said, ‘‘In Mississippi (Mr. WICKER), the ranking and veterans programs could be in the time of war, the best politics is no poli- member of the MilCon-VA bill. pipeline within a matter of days. Do we tics.’’ Mr. WICKER. Madam Speaker, this really want to hold our present and Mr. OBEY. Madam Speaker, I yield really is an unprecedented move. We former troops hostage for political myself 1 minute. were originally told that it would be games? I yield myself the time simply to re- scheduled for first thing this morning. So I urge my friends on the other spond to something said by the gen- Then it was rescheduled for early this side the aisle to reconsider this unprec- tleman from Mississippi (Mr. WICKER). afternoon. And once again, the matter edented maneuver. Send the bills by Mr. WICKER implied that the delay that was so controversial that it had to be regular order according to the estab- took place in bringing this to the floor pulled again and we find ourselves dis- lished rules. Let’s get the funds to our today was because of supposedly some cussing it now at this moment. troops without further delay. turmoil about how this bill was pack- I frankly wish my friend from Wis- Mr. OBEY. Madam Speaker, I reserve aged. consin would pull the motion again, be- the balance of my time. In fact, as the gentleman from New cause there is only one way to under- Mr. LEWIS of California. Madam York (Mr. WALSH) will tell you, the stand this process. This is, as the Re- Speaker, it is my pleasure to yield 3 reason for the delay is because I spent publican leader said, a political stunt. minutes to the ranking member of the all day defending two Republican If it is allowed to proceed, the result Armed Services Committee, the gen- amendments to this bill that the Sen- ate wanted to reject. And until I got will be predictable. The President will tleman from California (Mr. HUNTER). veto the product of this conference Mr. HUNTER. Madam Speaker, I agreement to quit horsing around with committee, because it will attempt to want to thank my friend for yielding. those amendments, I refused to bring spend billions and billions of new dol- Madam Speaker, I think this is a sad this bill to the floor. And now I yield 3 minutes to the dis- lars on domestic programs we cannot day for our country, because we put tinguished gentlewoman from Con- afford, just when a balanced budget is into place several years ago what we necticut (Ms. DELAURO). within sight again. The President will called a bridge fund. I call it the Ms. DELAURO. It really is disingen- veto the bill, the President’s veto will ammo, the armor, the equipment fund. uous when I listen to my colleague be sustained, and we will be back to That was a fund that we added to the from California talk about ammo, the drawing board. Defense bill to carry our troops over armor and equipment from the folks While all of this is unfolding, much- during the winter months before that who brought our young men and needed funds for our veterans clinics spring supplemental, before that extra women into a battle without appro- and for our servicemembers and their funding came about in the springtime priate ammo, without armor, and with- families will be delayed, not to men- of the next year. out the appropriate equipment that tion essential funding for our Nation’s That is important for them, and that they needed to be able to fight this war defense in the global war on terror, for gave them a certain confidence level from the outset. In fact, it has been the our troops in combat in Afghanistan that they were going to be funded with- Democratic majority over and over and and Iraq who are risking their lives for out having to take money out of the over again who have increased that our country even as we speak. These cash register for the next year, have to funding for our troops in the field. key national security expenditures will delay training exercises, have to delay Let me also say to our distinguished have to wait even longer than they the equipping of forces back here in the minority leader, and you should not be have already waited. United States. fooled by the commentary, this issue is The other result of this process will And you know something? We had a about the Labor, Health, Education be just as predictable. Some people in bill that was ready to go here. The De- and Human Services bill. And the folks this town, in this very House, will have fense appropriations bill is something who are playing games are the minor- gotten what they wanted: more polit- that clearly would sail through, the ity and the Republicans on that side of ical theater, more attempts to link President would sign it, and there was the aisle. good policy with excessive spending in no risk in this bill that would fund our This is bill where we know that we an attempt to score political points. operations and our warfighting in Iraq will increase funding for veterans Madam Speaker, does the Demo- and Afghanistan. health care, offer pay raises for active cratic leadership of this Congress want The Democrat leadership now has in- duty soldiers, provide additional sup- to pass appropriation bills or do they jected risk, because you have hooked it port for military families. Let me just just want to make new campaign com- up with a bill that the President said tell you what this President wants to mercials? he is going to veto. That injects risk veto: the investment in lifesaving med- Four and one-half months ago the into this very, very difficult operation. ical research, the investment in in- House of Representatives passed the So what do we have with our soldiers, creased education funding, and he Military Construction-VA bill with an our sailors, our airmen, our marines in would like to veto our being able to overwhelming 409 votes. The Senate Afghanistan and Iraq? We have got the strengthen job training in this Nation. passed its version of MilCon-VA with uncertainties of war, the dangers of Two or three examples, my friends. only one dissenting vote on September war. We have got the uncertainties The President’s budget cuts funding for 6, 8 weeks ago. The President has ex- that attend their families back here in medical research at the National Insti- pressed his willingness to sign the bill. the United States. And now the Demo- tutes of Health. He would cut that by Mr. EDWARDS and I, along with our sub- crat leadership has injected another $480 million. That is 800 fewer research committee, have stood ready to go to uncertainty, an uncertainty that they grants than last year to study deadly conference for almost 2 months. Why, will be funded fully in these difficult diseases like cancer, Alzheimer’s, leu- other than politics, have these funds months. kemia, Parkinson’s, heart disease. We for military quality of life and for our rejected that on our side of the aisle. Nation’s veterans been delayed? b 1615 We invest $1 billion above the Presi- Mr. EDWARDS and I, as chairman and So you took away this bridge fund, dent’s request or roughly the cost of ranking member, have worked along what I call the ammo, the armor, the three days in Iraq. That’s what the with our Senate counterparts and our equipment fund, and the answer you President wants to veto. staffs to craft a compromise between have given us is, well, if the President Let’s take a look at the Centers for the two versions of MilCon-VA. Only a caves, then the troops will get the Disease Control. When the chairwoman few outstanding issues remain. We are money. Holding our troops, our forces, testified before the committee, she said ready to go with this essential bill. The hostage during a time of war is some- we face as a nation the issue of the same is true for the Defense appropria- thing that this body has never done. daily health challenges: 4 million sen- tions bill. I would hope that the Democrat lead- iors living with Alzheimer’s, 583 women That means we could have bills on ership would make an about-face on diagnosed with breast cancer every sin- the President’s desk within a matter of this. I would hope you would adopt the gle day, and 176,000 teens who will

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.102 H31OCPT1 cnoel on PRODPC60 with HOUSE H12342 CONGRESSIONAL RECORD — HOUSE October 31, 2007 struggle their entire lives with diabe- look at Congress with a 14 percent ap- every other citizen gets. They want tes. And so if we fail to pass the Labor- proval rating. It is because of these high quality, low-cost education. They HHS appropriation conference report, types of games. want high quality, low cost health we cut that CDC budget by $475 mil- We are better than this. We are bet- care, and they want an opportunity for lion. The President wants to veto that ter than this. So let’s come together their kids to live the American Dream. $475 million for those efforts. like we passed this bill 138 days ago Is that too much to ask? That’s the Let’s take a look at what he said last and keep our bipartisanship and send question: Is that too much to ask? month, that is the President: ‘‘Don’t go this bill to the President. Mr. LEWIS of California. Madam backwards when it comes to edu- Mr. OBEY. May I inquire how much Speaker, it is my pleasure to yield 3 cational excellence. We have come too time is remaining on both sides. minutes to the gentlewoman from far to turn back.’’ Yet he will recall The SPEAKER pro tempore. The gen- Florida (Ms. GINNY BROWN-WAITE), a millions in Perkins loans funds and cut tleman from Wisconsin has 9 minutes member of the committee. the special education program by $291 remaining. The gentleman from Cali- Ms. GINNY BROWN-WAITE of Flor- million. Going backwards is exactly fornia has 111⁄2 minutes. ida. Madam Speaker, I rise today to what he is proposing to do. Mr. OBEY. Madam Speaker, I yield speak on behalf of our Nation’s vet- We invest $5.9 billion in education, 31⁄2 minutes to the gentleman from erans, more than 100,000 of whom live the cost of just 18 days in Iraq. What Ohio (Mr. RYAN). in my congressional district. will we do with it? We will benefit 8.5 Mr. RYAN of Ohio. I thank the gen- Madam Speaker, 138 days ago, 41⁄2 million students to prepare our Nation tleman and appreciate the opportunity months ago, this House passed the Vet- for the 21st century economy. to make a few remarks here. erans-MilCon appropriations bill; and Let’s talk about the President last Madam Speaker, a lot has been said 55 days ago, the Senate passed their week. An additional $42 billion from here. The minority leader came down version. Since that time the party in Congress for the wars in Iraq and Af- and said this makes him sick. Another control, the Democrats, have sat on ghanistan that will in the next decade speaker came down and said we are their hands refusing to appoint con- cost $2.4 trillion, or $8,000 per man, somehow holding the troops hostage. ferees and take action to fund our Na- woman and child. Let’s fight for peo- Another Member comes down and says tion’s heroes. Leader BOEHNER has ac- ple, not dollars, and the people of this this is a sad day. You know, I think all tually appointed conferees to the con- Nation understand that. that rhetoric may be nice, but what we ference, and virtually every Republican Mr. LEWIS of California. Madam are trying to do here is run the govern- Member has implored the Speaker to Speaker, it is my pleasure to yield 2 ment. As has been stated several times, move forward. Our troops are too im- minutes to the ranking member of the when the Republicans were in charge, portant to play political games. Veterans Committee, STEVE BUYER. they put bills together and got them Mr. BUYER. I have come to the floor Just this past week, I heard from a passed. And now all of a sudden to take because what is clear is there are no woman in my district whose son is a stand here like this has never hap- disagreements with regard to the VA- being treated in the spinal cord injury pened is, I think, a tad bit disingen- Milcon appropriations bill. There is no unit down in Tampa. Let me share with uous. disagreement between the House, the you that she is not a Republican. She is But we have to ask ourselves now Senate or the White House, which a dyed-in-the-wool Democrat. Her com- that everyone is bringing the troops in means that weeks ago we should have ment to me was that she was ashamed here: What are the troops fighting for? appointed conferees and we should have that the increased appropriation that They are not fighting for a Defense voted on this bill if in fact our priority, was in the very good bill that we bill. They are not fighting for a VA in a bipartisan way, is clearly that of passed here, she was ashamed that bill. They are fighting for our country. the troops. those funds have not yet been freed up. So I come to the well really bothered And what is our country? Our country October 1 was the beginning of the here today. The word ‘‘gamesmanship’’ is a country that makes investments in Federal year. We have veterans in need has been used. The word ‘‘partisan- its own people. They are fighting for of services. We have veterans in need of ship’’ has been used. When it comes to America because it’s a great place to increased staffing at the various hos- funding our troops, those words should live. It’s a great place to get educated. pitals. Combining these bills clearly is never be used. A few years ago, almost It’s a great place to get health care. an effort to have people vote on some- 1 And for us to say somehow they are 2 ⁄2 years ago, I met with Republican thing that will come back and be cer- leadership and I wanted to get politics just fighting for only a portion of our tainly not what the American public out of the military health delivery sys- society, I think is a bit disingenuous, wanted. tem and the VA. That is when I said too. I bet if we talked to some of the You know, when your side won in No- get HUD out of VA and let’s combine troops and we asked them what it vember, Madam Speaker, I think this. So what we have done by doing means to be an American, they would Americans thought, oh, good, things VA and MilCon, we do this so the au- say it means to be free and to be able will be done differently. They are not thorizers and the appropriators can to achieve the American Dream. And only not being done differently, they work together on the seamless transi- you achieve the American Dream by are being done worse than before. That tion issues so we get politics out of the being healthy, by being educated, by is not what the American public wants. arena. having access to this great country. The American public wants to have And now to take this bill to which That is what we are trying to do here. our military funded. They want to have there are no disagreements and to at- We have a great bill. This Labor-HHS our veterans, whether it is from World tach it to a vehicle where there are dis- bill is great. It is called the people’s War II, Korea, Vietnam, or those cur- agreements, the gentleman from Cali- bill. Just like the VA bill is the peo- rently coming back from OIF and OEF, fornia (Mr. HUNTER) is absolutely cor- ple’s bill. This all goes together. This is deserving to have good-quality care at rect, it places the bill at risk. one cohesive investment that we need the veterans hospitals. And to have The last speaker talked about HHS. I to make in our country; and we are that as a separate bill, not be held hos- am here to talk about funding veterans asking the Republicans, Madam Speak- tage. and our troops and the dependents and er, to join us. Mr. OBEY. Does the gentleman have their families. We shouldn’t be playing You can’t hide behind the President. any remaining speakers? these games with the White House if Article I, section 1 creates this body. Mr. LEWIS of California. Not on this our priorities are truly with America’s We are the ones who fund the govern- portion, no. most precious assets, and that is the ment. If the President wants to veto Mr. OBEY. Then could I ask the gen- men and women who wear the uniform, this, help us override the veto. tleman to give his summary remarks. I and to care for those who keep the These are all good bills. And when have only one remaining speaker. watch fires burning and their children. those veterans get home, as Mr. OBEY Mr. LEWIS of California. Madam So let’s don’t play these games. stated, they need the same exact kind Speaker, I would speak just for a mo- I have to agree with JOHN BOEHNER. of attention and their families need the ment by way of saying that I think in There is a reason the American people same exact kind of attention that many ways we have demonstrated if we

VerDate Aug 31 2005 01:42 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.105 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12343 are not careful with our rhetoric, we enforcement so they can live in com- conference on the disagreeing votes of the can undermine the opportunity we munities where kids can actually grow two Houses on the bill, H.R. 3043, be in- have for bipartisan consideration of up into adulthood. As the gentleman structed to disagree to any proposition in very important work in the House. from Ohio said, we’re going to treat violation of clause 9 of Rule XXII which: (1) Includes any additional funding or lan- One of the most positive experiences veterans as a whole person. That’s the guage not committed to the conference; I have had as a member of the Appro- purpose of trying to pass all of these (2) Includes matter not committed to the priations Committee has been to sit in bills. conference committee by either House; or that subcommittee that deals with Let me simply say I think these bills (3) Modifies specific matter committed to Labor-HHS. I have been very, very im- have been bipartisan. The Labor- conference by either or both Houses beyond pressed with the amount of non- Health-Education bill, one of the the scope of the specific matter as com- partisan, bipartisan support for funda- speakers indicated that it was the most mitted to the conference committee. mental research, for example. Earlier contentious bill on the floor. We got 53 The SPEAKER pro tempore. Pursu- it was suggested that there is not that Republican votes for that bill. I hardly ant to clause 7 of rule XXII, the gen- base of support. It is when we get this think that we would have done that if tleman from California (Mr. LEWIS) and partisan confrontation on the floor it had been a partisan product. In fact, the gentleman from Wisconsin (Mr. that polarizes us that we tend to be- if you average all of the appropriation OBEY) each will control 30 minutes. come confused about the real work bills that we passed in this House, we The Chair recognizes the gentleman that is positively done within our sub- got 65 Republican votes on average for from California. committees. every appropriation bill that passed. Mr. LEWIS of California. Madam Speaker, I can’t help but mention that b 1630 That means that we passed these bills on average by exactly two-thirds, the preceding discussion must be very Madam Speaker, I must say I would which is exactly what it takes to over- enlightening to Americans across the hope that we can do all that we pos- ride a Presidential veto. country who may be interested in what sibly can to try to bring both sides to- Now we’re simply trying to get these we have to say here. It’s always been gether relative to those research items bills to the President as fast as we can my personal belief that the vast per- that I feel have such high priority. and in a way which does not enable centage of problems that we face as a Beyond that, I’m going to be later him to have an easy time of cherry- people have very little to really do raising a question by way of a motion picking. That’s what we’re trying to with partisan politics if we can get peo- to instruct conferees that would sug- do. ple together at the subcommittee level gest that the Labor-HHS bill ought to I sat down with the President’s budg- to really talk with each other about be dealt with by itself. Where the mem- et director, Mr. Nussle, and I said, finding solutions, but clearly, clearly, bers of that subcommittee worked so Look, why don’t we right now, even Madam Speaker, it has to be apparent hard and have such expertise in this while the Senate is working, sit down to almost everybody who had listened arena to set their work out and com- and try to work out a bipartisan com- today that one side of the aisle in this plicate it with VA-HUD over issues promise for all these bills? He said, body seems to believe that the only so- that relate to veterans is absolutely Dave, I’m new at the job, but he said, lution to every problem around is to undermining the appropriations proc- so far I don’t find anybody in the White throw more money at it. That clearly ess. House that has the slightest bit of in- is not the case. Many a solution is So, with that, I yield back the bal- terest in compromise. I said, Well, found by way of people working to- ance of my time. that’s too bad. I hope that changes. gether, not just throwing money at Mr. OBEY. Madam Speaker, how Please call me if it does. But mean- some wall. much time do I have remaining? while, if the President wants to veto Madam Speaker, in this motion to in- The SPEAKER pro tempore. The gen- something, why don’t we at least sit struct conferees, I really repeat the tleman has 6 minutes remaining. down and try to figure out which bills point that the subcommittee members Mr. OBEY. Madam Speaker, I yield he wants to veto so maybe we can who work within the Labor-HHS com- myself the remaining time. agree on which ones to send him first. munity have great expertise in the pro- Let me state once more that I find I got no takers on that either. grams within this arena. They spend a somewhat disingenuous concerns ex- So we’re proceeding the way we’re lot of energy and time applying them- pressed about the so-called delay that proceeding because we’re playing off selves to that work. this process will provide for veterans what the President of the United Today we’re in a process where we’re health care. I would like to know States has said and done, and so far all going to tie that piece of work to a where that same concern was when last we’ve heard is my way or no way. I combination of two other bills. It’s to- year the now-minority party never don’t believe that the Republican tally unnecessary. The Defense bill even passed a Military Construction Members of this Congress came here to passed the House by very sizeable bi- bill. Last year, they completed their walk in lock step, and certainly we partisan numbers. Indeed, the MilCon- session, they walked out of town, shut didn’t on this side of the aisle. We will VA bill did the same. To suggest that the doors and said good-bye, and they find out as the process unravels. we can’t go forward with Labor-HHS as never passed any bill whatsoever to And so with that, I would simply a separate product, I think this is a provide veterans health care. urge that we support this motion. very unhealthy reflection on the work So we took over in January, and the Madam Speaker, I yield back the bal- of that subcommittee. very first action we took was to clean ance of my time. This motion says the conference can up that mess and add over $3 billion to The SPEAKER pro tempore. Without only conference the Labor-HHS bill. veterans health care. That was our top objection the previous question is or- They cannot consider adding Defense, priority. And then we followed it up in dered. MilCon-VA, or other matters outside the regular appropriation bill by add- There was no objection. the scope of the Labor-HHS conference. ing again more than $3 billion. So I will The SPEAKER pro tempore. The The Members who serve on the Labor- take a backseat to no one in terms of question is on the motion offered by HHS subcommittee should be making our expression of concern for veterans. the gentleman from Wisconsin (Mr. decisions in an open conference regard- But let me say, we’re not just going OBEY). ing the disposition of programs and to take care of veterans as long as they The motion was agreed to. funding levels in that bill, not other wear the uniform. We’re also going to MOTION TO INSTRUCT OFFERED BY MR. LEWIS OF appropriations bills related to the try to take care of their kids’ needs for CALIFORNIA troops, veterans, or other items outside a decent college education. We’re going Mr. LEWIS of California. Madam the scope of that conference. to try to take care of their families’ Speaker, I offer a motion to instruct Members serve on subcommittees and needs in terms of medical research. conferees. have the expertise I suggest because We’re going to try to take care of their The Clerk read as follows: they work within those subcommit- housing needs. We’re going to try to Mr. Lewis of California moves that the tees. The people on Labor-HHS, very take care to see that there’s decent law managers on the part of the House at the talented in their work, spend relatively

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.107 H31OCPT1 cnoel on PRODPC60 with HOUSE H12344 CONGRESSIONAL RECORD — HOUSE October 31, 2007 little of their time in the Defense Construction, don’t even think of mov- MilCon-Veterans bill. In fact, we made arena, as well as the arena that deals ing forward with Defense, don’t even an agreement when we had that little with MilCon and veterans. think of addressing the problem of fight over earmarks that we would let To air-drop Defense appropriations California wildfires, don’t even think those go without even discussing the conference reports and the MilCon-VA of adding additional funding for earmarks, because they were going to bill into this process is absolutely un- MRAPs. Well, if they’re comfortable go fast track through and be done very precedented, in my view, and is a dis- with that, fine. I don’t think we ought quickly. Nobody has got a complaint service to our Appropriations Com- to let procedural theology get in the with that. mittee. way of doing what’s needed for Amer- Then we have got one bill that a Politicizing these bills and circum- ican families and American veterans third branch of government has a seri- venting the normal practice of this and and American fighting men and ous complaint with and has the ability other committees does nothing more women. to actually veto. Let’s see. Is it an effi- than undermine the American people’s So, with that, I would simply urge a cient way to do our job this day, to faith in their government. ‘‘no’’ vote on the motion. take the two bills we can get done very Let’s move beyond purely partisan Madam Speaker, I reserve the bal- simply and attach it to a bill that has politics and send the President a free- ance of my time. a major roadblock on it? Is that doing standing Labor-HHS bill, as well as in- Mr. LEWIS of California. Madam our business efficiently? It seems to be dividual Defense and MilCon-VA appro- Speaker, I’m pleased to yield 31⁄2 min- not a good idea to me, but maybe it is. priations. utes to Judge CARTER of Texas, a mem- But why would we want to do that? We Madam Speaker, I reserve the bal- ber of the committee. can pass two easily. The third, we’re ance of my time. Mr. CARTER. Madam Speaker, I going to have a long discussion about Mr. OBEY. Is the gentleman sure he thank the gentleman for yielding me and a fight and maybe a veto. We could doesn’t want to yield back? Could I in- this time, and I rise in support of the get it done if we separated them apart, quire of the gentleman how many motion to instruct conferees. but we’re putting them together. Why speakers he intends to have on this? I’ve been sitting here listening to do we do that? Maybe it’s because Mr. LEWIS of California. I think what’s been said here today and trying they’ve got people on their side of the maybe there are two or three. to figure this all out. I think every- aisle that won’t vote for the Defense Mr. OBEY. All right. We’ll try to do body, I think the American people are bill. There are 89 of them that said the same. trying to figure it all out. It’s an inter- they won’t. So maybe this would co- Madam Speaker, I yield myself 5 esting process to analyze how the Con- erce them to do it. Or maybe they minutes. gress is working on this appropriation think they can roll over the President Let me simply say, Madam Speaker, process. and the Republicans on the issue of that what the gentleman is saying is But when you really look down as to spending. Who knows. But let’s get that he wants to prevent us from doing what we’re doing here, we’re trying to down and do it efficiently and just deal something on this bill which his party solve three problems this week on this with Labor-HHS today. did 56 times in the time that they con- issue of appropriations. We’ve got three Mr. OBEY. Madam Speaker, I yield 3 trolled this House over the past 12 areas that we’re going to look at. minutes to the gentleman from New years, and I don’t find that especially We’ve got a problem that we want to York (Mr. ISRAEL). persuasive. resolve. We want to fund the Depart- Mr. ISRAEL. I thank the chairman. He also wants to prevent us from pro- ment of Defense and the job that they Mr. Speaker, I must say I am hearing ducing more than one bill at a time, do defending our Nation, and we’ve got some conflicting priorities on the floor and yet the President signed omnibus an appropriations bill that deals with today. We have heard that the appro- appropriation bills 27 times since he’s that, deals with protecting our soldiers priations process is not moving fast been President, when they came from in the field, getting their mission done enough, despite the fact that under the his own party. Now, because one might and all the things that go attached to leadership of Chairman OBEY in the come from the Democratic Party, he the Department of Defense. House, we passed every single one of wants to make a Federal case out of it. We’ve got a second issue we want to our appropriations bills, I believe in I don’t think people are going to be deal with. We want to take care of record time. We are hearing that the very impressed with that either. those veterans that have served us so appropriations process isn’t moving I find it very interesting that out of well and so proudly over the years, fast enough on the one hand, and now all of the motions that the minority make sure that we fund the programs we have a motion to instruct the con- could have offered, they haven’t offered that are necessary for them and to do ferees to actually slow it down, to take a single motion, and nothing in this the necessary military construction of pieces out of this bill, to stop it. You motion today would in any way reduce the various bases around the world can’t have it both ways. We are trying by one dime any of the funds that we that is necessary to make sure we’re to get things done. We are trying to appropriated in the Labor-Health-Edu- providing for our active duty military move our priorities forward. cation bill. They argue that the bill is what they need. We have those two Now, I understand that some of my bloated, and yet when we give them an bills that we’ve got to deal with this friends don’t want to deal with the opportunity to offer motions to reduce week. labor, health and human services as- spending for any specific item they pects of this bill, and they are con- don’t take advantage of it. b 1645 cerned with the President’s argument That is exactly the same experience We have a third bill, which is the that we have plenty of money to fund we had when the subcommittee consid- Labor-HHS bill, that deals with issues Iraq but can’t afford veterans health ered the bill, and in fact, virtually of labor, health and human services. care here at home and educational pri- every Republican motion and every Re- All those are important bills. Let’s fig- orities here at home and low-income publican speech was on behalf of an ef- ure out how we can best get this done. heating for the elderly here at home. fort to increase funding for a number of The American people gave us a little I understand those arguments, but items, whether it be vocational edu- survey this last week. They told us the let me suggest to my colleagues that cation, which I agree with, or whether one thing they are mad at us about is they read a study that was just re- it be Pell Grants or whether it be spe- they say, why don’t you just get some- leased yesterday by Harvard Medical cial education. thing done? Why don’t you get through School. That study shows there is, in So I find it interesting that after all the bull and get down to doing the job? fact, a critical connection between the of that rhetoric about so-called bloated That’s their number one complaint. VA pieces of this bill and the health funding for this bill they choose to Let’s look at this. What’s the best and human services aspects of this bill. argue an arcane process issue. way to do this? We’ve got a Defense bill The two should be considered together. All they’re really saying is, when you that there is really no obstacles for That study found that, today, there are consider Labor-Health, don’t even that anybody can find. Everybody is 2 million veterans who have no health think of moving forward with Military pretty much okay on that. We’ve got a insurance. And they aren’t eligible for

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.110 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12345 VA benefits. Not eligible for VA bene- strong record when it comes to funding shuts down. It’s pure and simple. Arti- fits and too poor to afford health insur- education. cle I of the Constitution of the United ance. The number of uninsured vet- At the same time, we know that the States, section 9, says that the admin- erans jumped to 1.8 million in 2004, and achievement gap in our schools is not istration can’t spend any money that the population of uninsured veterans is caused by a lack of funding, but by a has not first been appropriated by Con- increasing at twice the rate of the gen- lack of accountability. Throwing gress. So in order to meet that con- eral population. money at the problem is not the an- stitutional responsibility, we have had, Now, the Labor-H aspects of this bill swer. Our committee is a case study in on occasion, the need to create an om- provides $1.4 billion above the Presi- how the priorities of Democrats di- nibus appropriations bill because the dent’s request for programs to improve verged from those of the American peo- Senate refused to pass their bills. Now, health care access. So taken in its to- ple. I will concede that during our chair- tality, this bill, without segregating Democrats have failed to act on the manship the Senate was a Republican the human services components, taken No Child Left Behind, the higher edu- Senate. It was controlled by the Repub- in its totality, this bill protects our cation, and job training bills this year. licans. troops in the field and also provides ac- Yet, they have passed bills to strip Today, the United States Senate still cess to veterans at home who may not workers of the right to a secret ballot refuses to pass all of their appropria- qualify for veterans benefits. As has election, overturned six decades of civil tions bills, and today the Senate is been stated before, our veterans are a rights law, and created new entitle- controlled by the Democrats. So it just whole. They come back from the war, ment spending at the expense of low- seems like the Senate is the Senate, no the last thing they should worry about and middle-income college students. matter who controls them politically. is not having health insurance. It’s the The worst may be yet to come. But in the case that we are debating labor, health and human services as- When Democrats finally take up today, there is absolutely no good gov- pects of this bill that could provide ad- higher education reform, we may see ernment reason to combine these three ditional access to health care, and that prisoners getting Pell Grants and drug bills. Combining these bills will slow is why this bill ought to be considered dealers getting Federal aid. The Demo- them down. as it is. crats have, quite simply, got their pri- It has been suggested by some of the I would make one other point. We orities in the wrong place. It’s time to speakers we ought to move ahead. The have already considered these bills sep- get back to work and fund these three Defense appropriations subcommittee arately. Each of these components bills separately for our troops, our vet- was scheduled to conference tomorrow were, in fact, debated, deliberated and erans, and our students. morning to send the bill to the Senate passed with overwhelming bipartisan Mr. OBEY. Madam Speaker, I have and to the White House. I understand support in the Appropriations Com- only one remaining speaker, so I would the Labor-HHS Subcommittee was also mittee and then debated again, delib- ask the gentleman to finish. scheduled to conference tomorrow. erated again and passed with signifi- Mr. LEWIS of California. Madam These bills could have been cant Republican support on the floor of Speaker, how much time is remaining? conferenced and, by the way, the Mili- the House. The SPEAKER pro tempore. The gen- tary Construction Veterans’ Affairs There is no reason to move back- tleman from Wisconsin has 24 minutes. Committee was also prepared to con- wards. There is no reason to delay. The gentleman from California has 21 ference, and the President said that he There is no reason to stop this process. minutes. would sign that bill, he would sign the We want to get these bills to the Presi- Mr. LEWIS of California. Madam Defense bill. He expressed his concern dent. We should do so. Speaker, I would yield to my colleague about the Labor-H bill. Mr. LEWIS of California. Madam from Florida, former chairman of the I voted for all three of them. I voted Speaker, I yield 3 minutes to the rank- Appropriations Committee, BILL for the Defense bill, I voted for the ing member on the Labor and Edu- YOUNG, for as much time as he may Military Construction Veterans Affairs cation Committee, BUCK MCKEON from consume. bill, and I also voted for the Labor-HHS California. Mr. YOUNG of Florida. I thank the bill. I think we ought to handle these Mr. MCKEON. I thank the gentleman chairman for yielding me the time. bills individually to speed up the proc- for yielding. Madam Speaker, I rise to applaud ess, not to slow it down. Madam Speaker, I rise in support of Chairman OBEY for the statements that By combining these three bills, we all the motion to instruct conferees. I am he has made since the beginning of this know that it will slow down the proc- disappointed to be standing here under session of Congress that we are going ess. How long would it slow it down? I these circumstances. to pass all of the appropriations bills don’t know, but I do know this, that A full month into the new fiscal year, individually, separately, and send them there is already talk about conducting the Democrats have failed to send a to the President, individually and sepa- the appropriations process on these single spending bill to the President for rately. I think that is a great idea. As bills on a continuing resolution if it his signature or veto. The President a former chairman of this Appropria- gets slowed down too much. That’s not laid out his positions early this year, tions Committee, I wish I could have good. asking the Congress to adhere to fis- done the same thing. We have done CRs, and we know that, cally responsible spending caps. I understand the frustration that and we know the reason for them. But Democrats have been unwilling or Chairman OBEY has in not being able to there is no good reason to put these unable to control their spending, pass- move the bills the way that he wants bills on a CR. They are ready to con- ing bills that topped these spending to move them. I experienced the same ference. They are ready to come back targets by billions of dollars. Now, frustration. Mr. OBEY is right. We did to the House and go to the Senate and rather than moving separate bills to have omnibus bills during the time go to the White House. They are ready. support our troops and veterans, Demo- that we were the majority party. The There would be no delay. crats are holding these bills hostage to reason we had the omnibus bills is be- It’s just not right because there is no the swollen Labor, Health and Human cause our partners in the Senate re- good government reason to do this. It’s Services and Education spending bill. fused to pass their bills. just not right to do it. I suggest that As the former chairman of the Edu- Now, Chairman OBEY has said so we should join in supporting Chairman cation Committee, I know firsthand many times that we just didn’t do our OBEY when he says that these bills the arguments the other side will make job. In the House, we did our job. In the should be done individually, separately on funding in that bill. So let’s focus House we passed our appropriations and sent to the President in that fash- on the facts. Republicans are strong bills just like Chairman OBEY did this ion, individually and separately. supporters of programs that support year, but it takes two Houses to ap- I support this motion because, if this education, health care and workers. prove a bill and to send it to the White motion does not pass, and if we appoint Our fiscally responsible spending tar- House. Labor-HHS conferees to conference the gets allow significant resources for The frustration is that without ap- Defense bill, I mean, they are all very, these programs. Republicans have a propriations bills, the government very talented members, and they all

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.112 H31OCPT1 cnoel on PRODPC60 with HOUSE H12346 CONGRESSIONAL RECORD — HOUSE October 31, 2007 have great knowledge, but, you know, funding that program than the Presi- pared to yield back the balance of my none of them sat through the hearings. dent did in his budget. time. None of them sat through the justifica- Medical research, believe it or not, Mr. LEWIS of California. Madam tions. None of them sat through the veterans need the results of medical re- Speaker, I yield the balance of my time markups. search just as much as and probably to the ranking member of the Labor- So to have the Labor-HHS members more so than many other Americans. HHS Subcommittee, JIM WALSH of New who are outstanding members on both We’re going to see to it, in our bill, York. sides of the aisle, to have them confer- that we don’t experience a cutback of Mr. WALSH of New York. I thank my encing a large bill as complicated as 1,100 grants in military research friend from California for yielding the Defense bill, that’s just not right. around the country. time, and I rise in strong support of It’s really interesting that the bills I would suggest that this motion sim- this motion to instruct conferees. that the leadership would add to the ply says that the new minority does Before I do that though, I’d like to Labor-HHS bill make up 80 percent of not want us to do something which comment, just make a couple of com- the dollars to be appropriated. they did 56 times when they ran this ments on some of the debate that’s oc- House, namely, combine appropriation curred, specifically, the notion that the b 1700 bills for the purpose either of efficiency Republican Party, when we were in the The Labor-HHS bill, which becomes or to strengthen our capacity to meet majority, did not pass our military the vehicle, is only 20 percent of the our obligations around the horn. quality of life and veterans bills. And I appropriations. I also think something else is going know the chairman knows this, but we This is not right. I’m not going to on. Under the budget rules of the did. In the House, we did. We passed suggest why the majority leadership House, the President does not have the our bills overwhelmingly. And we ran made this decision. But I’m going to right to veto a budget resolution; he into a little problem with the other say, emphatically and without fear of only has the right to veto appropria- body. And I know the chairman feels contradiction, there is no good govern- tion bills. But what he is trying to do, our pain there because he has been and ment reason for combining these three by asserting that he, and he alone, will will continue to be running into prob- bills, because they are ready to be determine what the overall number is lems with the other body, and I will conferenced and sent to the President for appropriations, he is trying to indi- work with him on those. But we did without any delay whatsoever. rectly position himself so he can veto a conscientiously work to resolve these And I thank the gentleman for yield- budget resolution. He’s never had that issues here in the House. And I think ing and for the good job that he does in power. The Congress never gave him historically, at least in my brief time his role on the Appropriations Com- that power, and the Constitution cer- here, we have done that. But the Sen- mittee. tainly doesn’t. ate is the Senate, and they do what So I would suggest that one of the Mr. OBEY. Can I inquire how many they do. We do it our own way, and I probably unintended consequences of speakers the gentleman has remaining. think we do it very effectively regard- the motion of the gentleman from Cali- Mr. LEWIS of California. I have one less of the party in power in the House. additional speaker to close. fornia is that it would, inadvertently, I would also mention, because the transfer additional power to the execu- Mr. OBEY. Just one? chairman did a little bit of crowing tive branch. I don’t think that’s wise. Mr. LEWIS of California. Yes, sir. about the things that they are doing in Having said all of that, I want to Mr. OBEY. Then I’m the last speaker this bill and they’ve done in the other on our side. make one more point. I know the gen- tleman from Florida would never want bills, we passed, year after year after How much time remaining? year, record increases in veterans The SPEAKER pro tempore. The gen- to misstate or misquote any other Member, but I was somewhat stunned health care spending. And they were tleman from Wisconsin has 24 minutes. to hear him suggest that I have said needed because we have so many vet- Mr. OBEY. I yield myself 5 minutes. that we must pass these appropriation erans coming back from Iraq and Af- Madam Speaker, I simply want to re- bills singly. In fact, I have said many ghanistan with severe injuries, both peat what the gentleman from Ohio times on this floor just the opposite. physical and mental. But we stepped up said earlier. We often see politicians I’ve said that, unlike the previous to the plate and we did it in a bipar- try to wrap themselves in the flag, and chairman, who was extremely con- tisan way. And we passed record in- we often try to see politicians pose for cerned about passing each of these bills creases. I think, on average, 10 percent holy pictures every time the issue of separately, that while I would prefer to increases per year; faster growth than veterans comes up. And America’s very do it that way, I would be happy, if any other budget in the Federal Gov- good at saluting veterans and playing that didn’t work, to pass them in ernment. So we are second to none in the band when they go off to war. We minibuses or omnibuses or any other our support of veterans. And we will haven’t been as good in dealing with kind of bus you can find, so long as we continue to support those bills that the their problems after they come home. deliver the goods, and so long as the other party passes if they are truly bi- And so what we intend to do in the goods are the right goods for the Amer- partisan. And I think this one, the Military Construction bill, in the De- ican people. And that’s the philosophy Military Construction and VA bill is. fense bill, in the Labor-Health bill, and I have. Back to the motion to instruct the in a number of other appropriation So I would simply suggest, we’ve had conferees. Quite simply, what this mo- bills is we intend to deal with all of the more debate than I’d expected today on tion says is that the conferees on problems faced by veterans and their procedural niceties. I would suggest Labor, Health and Human Services, families and other families in this that we simply recognize that we’ve Education and Related Agencies appro- country. got an obligation to get on with com- priations bills should not add material When veterans come home, they pleting our appropriations business. to the conference report that was not aren’t just worried about whether or This is the most effective way we can approved by either House or the Sen- not they’re going to get veterans do it. ate. This should not be controversial, health care. They also want to know All three of these bills passed the but based on what has happened here whether the kids are going to be able House on a bipartisan basis, and I have today, it is. to go to decent schools, taught by no reason to expect that they won’t do The reality is that this majority qualified teachers in decent class- the same when they come back from should not be combining a bill that has rooms. So we are going to be trying to conference. received a veto threat with two other see to it that programs such as title I I do want to say that I agree with not bills that have not. and handicapped education are much all, but some of the comments made I’ve supported the Labor-H bill more adequately funded than they about our esteemed colleagues in the throughout this process. Chairman would be under the President’s budget. other body, but that’s a discussion for OBEY has been fair, and I’ve worked Impact Aid, that directly affects another day. with him shoulder to shoulder to bring many military families. We’re trying And with that, if the gentleman has this bill forward. He has fought for Re- to make sure that we do a better job one remaining speaker, then I’m pre- publican and Democratic initiatives

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.113 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12347 and measures equally, and I thank him, The SPEAKER pro tempore. The Boyda (KS) Holden Ortiz and he has my respect for that. But I question is on the motion to instruct. Brady (PA) Holt Pallone Braley (IA) Honda Pascrell was not consulted when it came to put- The question was taken; and the Brown, Corrine Hooley Pastor ting these three bills together. Speaker pro tempore announced that Capps Hoyer Payne I voted for the Military Construc- the noes appeared to have it. Capuano Inslee Perlmutter tion-VA bill. I voted for the defense Cardoza Israel Peterson (MN) Mr. LEWIS of California. Madam Carnahan Jackson (IL) Pomeroy bill. They are all good bills, in my Speaker, I object to the vote on the Carney Jackson-Lee Price (NC) humble opinion. The Senate has passed ground that a quorum is not present Castor (TX) Rahall Chandler Jefferson all three bills, as has the House. There and make the point of order that a Rangel Clarke Johnson (GA) Reyes is no reason why these three bills can- quorum is not present. Clay Johnson, E. B. Richardson not be conferenced individually, sent to The SPEAKER pro tempore. Evi- Cleaver Jones (OH) Rodriguez the President individually and accept- dently a quorum is not present. Clyburn Kagen Ross ed or rejected individually. But most Cohen Kanjorski Rothman The Sergeant at Arms will notify ab- Conyers Kaptur Roybal-Allard assuredly, by combining them, they are sent Members. Cooper Kennedy Ruppersberger all doomed to fail. If the President ve- The vote was taken by electronic de- Costa Kildee Rush toes any of the three freestanding con- Costello Kilpatrick Ryan (OH) vice, and there were—yeas 191, nays Courtney Kind ference reports, we in the House, and Salazar 222, not voting 19, as follows: Cramer Klein (FL) Sa´ nchez, Linda our colleagues in the other body, will Crowley Kucinich [Roll No. 1026] T. have an opportunity to override that Cuellar Lampson Sanchez, Loretta YEAS—191 Cummings Langevin Sarbanes veto. Davis (AL) Lantos Aderholt Franks (AZ) Nunes Schakowsky Frankly, I see the effort to attach Davis (CA) Larsen (WA) Akin Frelinghuysen Pearce Schwartz Davis (IL) Larson (CT) the Defense and Military Construction- Bachmann Gallegly Scott (GA) Pence Davis, Lincoln Lee Veterans bills to the Labor-HHS bill as Bachus Garrett (NJ) Scott (VA) Peterson (PA) DeFazio Levin Baker Gerlach Serrano nothing more than posturing and, in Petri DeGette Lewis (GA) Barrett (SC) Gilchrest Shea-Porter fact, brinksmanship. Pickering Delahunt Lipinski Bartlett (MD) Gingrey Sherman Pitts DeLauro Loebsack Madam Speaker, the resulting bill Barton (TX) Gohmert Shuler Platts Dicks Lofgren, Zoe Biggert Goode Sires would represent everything that is Poe Dingell Lowey Bilbray Goodlatte Skelton wrong with Washington. The confusion Porter Doggett Lynch Bilirakis Granger Slaughter Price (GA) Donnelly Mahoney (FL) that will ensue in the country will only Bishop (UT) Graves Pryce (OH) Doyle Maloney (NY) Smith (WA) serve as a shining example of why this Blackburn Hall (TX) Putnam Edwards Markey Snyder Blunt Hastert Congress today enjoys its lowest ap- Radanovich Ellison Marshall Solis Boehner Hastings (WA) proval ratings in generations. Ramstad Ellsworth Matheson Space Bonner Hayes Regula Emanuel Matsui Spratt The people of New York’s 25th Con- Bono Heller Rehberg Engel McCarthy (NY) Stupak gressional District sent me to Wash- Boozman Herger Reichert Eshoo McCollum (MN) Sutton Boustany Hobson ington to represent their interests and Renzi Etheridge McDermott Tanner Brady (TX) Hoekstra to solve problems. This effort to com- Reynolds Farr McGovern Tauscher Broun (GA) Hulshof Rogers (AL) Fattah McIntyre Thompson (CA) bine these bills creates a problem. Brown (SC) Hunter Rogers (KY) Filner McNerney Thompson (MS) Brown-Waite, Inglis (SC) This Congress has produced less than Rogers (MI) Frank (MA) McNulty Tierney Ginny Issa a handful of bills in 10 months, and no Rohrabacher Giffords Meek (FL) Towns Buchanan Johnson (IL) Ros-Lehtinen Gillibrand Meeks (NY) Tsongas appropriations bills to date. We can Burgess Johnson, Sam Roskam Gonzalez Melancon Udall (CO) pass and have signed two bills easily, Burton (IN) Jones (NC) Royce Gordon Michaud Udall (NM) Buyer Jordan the Veterans bill and the Defense bill. Sali Green, Al Miller, George Van Hollen Calvert Keller But instead, by combining these bills Saxton Green, Gene Mitchell Vela´ zquez Camp (MI) King (IA) Schmidt Grijalva Mollohan Visclosky to Labor-H, we will bring them all Campbell (CA) King (NY) Sensenbrenner Gutierrez Moore (KS) Walz (MN) down. It is a plan to fail, just like the Cannon Kingston Sessions Hall (NY) Moore (WI) Waters Cantor Kirk SCHIP bill was. Shadegg Hare Moran (VA) Watson Capito Kline (MN) Harman Murphy (CT) Watt As I said, I support the Labor-HHS Carter Knollenberg Shays Hastings (FL) Murphy, Patrick Waxman bill and I will likely continue to sup- Castle Kuhl (NY) Shimkus Herseth Sandlin Murtha Weiner Chabot LaHood Shuster port it as a freestanding bill. Higgins Nadler Welch (VT) Coble Lamborn Simpson I understand politics and I under- Hill Napolitano Wexler Cole (OK) Lewis (CA) Smith (NE) Hinchey Neal (MA) Woolsey stand political strategy, but putting Conaway Lewis (KY) Smith (NJ) Hinojosa Oberstar Wu funding for veterans health care and Crenshaw Linder Smith (TX) Hirono Obey Wynn Culberson LoBiondo Souder our military at risk to score points is Hodes Olver Yarmuth Davis (KY) Lucas Stearns beyond the pale. Sullivan Davis, David Lungren, Daniel NOT VOTING—19 I know there are some Members of Davis, Tom E. Tancredo Congress and some individuals in the Deal (GA) Mack Taylor Ackerman Latham Sestak White House who would like to see this Dent Manzullo Terry Alexander LaTourette Stark Diaz-Balart, L. Marchant Thornberry Butterfield McCrery Wasserman government continue to operate on a Diaz-Balart, M. McCarthy (CA) Tiahrt Carson Miller (NC) Schultz continuing resolution as we have this Doolittle McCaul (TX) Tiberi Cubin Paul Weller past year. I don’t. We can pass these Drake McCotter Turner Hensarling Ryan (WI) Wilson (OH) Upton Jindal Schiff bills stand-alone, but we can’t pass Dreier McHenry Duncan McHugh Walberg them lashed together. Ehlers McKeon Walden (OR) This process hurts the credibility of Emerson McMorris Walsh (NY) b 1736 the Appropriations Committee, a com- English (PA) Rodgers Wamp Everett Mica Weldon (FL) Messrs. KUCINICH, HONDA, WATT, mittee that has historically been non- Fallin Miller (FL) Westmoreland BISHOP of Georgia, SPRATT, KLEIN partisan and task oriented. Feeney Miller (MI) Whitfield of Florida, MARSHALL, OBERSTAR, Mark my words, if we continue along Ferguson Miller, Gary Wicker STUPAK and DONNELLY, and Ms. this path, we will be operating on a CR Flake Moran (KS) Wilson (NM) Forbes Murphy, Tim Wilson (SC) BERKLEY and Ms. MATSUI changed again in 2008. And for a third year in a Fortenberry Musgrave Wolf their vote from ‘‘yea’’ to ‘‘nay.’’ row, no Member requests will be hon- Fossella Myrick Young (AK) Mr. HASTERT changed his vote from ored in the Labor-HHS bill, and for a Foxx Neugebauer Young (FL) ‘‘nay’’ to ‘‘yea.’’ third year in a row, the Appropriations NAYS—222 Committee will fail to meet its respon- So the motion to instruct was re- Abercrombie Baldwin Bishop (GA) jected. sibilities. Allen Barrow Bishop (NY) The SPEAKER pro tempore. Without Altmire Bean Blumenauer The result of the vote was announced objection, the previous question is or- Andrews Becerra Boren as above recorded. Arcuri Berkley Boswell dered. Baca Berman Boucher A motion to reconsider was laid on There was no objection. Baird Berry Boyd (FL) the table.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.115 H31OCPT1 cnoel on PRODPC60 with HOUSE H12348 CONGRESSIONAL RECORD — HOUSE October 31, 2007 PERSONAL EXPLANATION today and watching at home who are an executive order that addressed the Mr. RYAN of Wisconsin. Madam Speaker, I also troubled as well. question of the loss of jobs when there was absent for legislative business conducted I’m proud that the veterans issues was a trade bill. We thought that this after 3 p.m. on October 31, 2007, due to a are not partisan. They never should be. particular executive order could lay family matter that required my personal atten- I am also proud to be a member of a bi- the groundwork for providing for small tion. As a result, I missed rollcall votes 1025 partisan Veterans Committee. I am not businesses and those various sectors of and 1026. proud, however, that we have gone this the country that would lose their em- Had I been present, I would have voted long into the year without a single ap- ployment or their economic oppor- ‘‘nay’’ on rollcall vote 1025, final passage of propriations bill. tunity. Well, look at the trade imbal- H.R. 3920, the Trade Adjustment and Assist- I call on the leadership of the House ance now. This is a forthright bill that ance Act of 2007. to get on the stick, get past whatever expands the opportunities for service In addition, I would have voted ‘‘yea’’ on reason or strategy that is holding this workers, manufacturers, insists on en- rollcall vote 1026, a motion to instruct con- important bill up, and get a clean bill rollment opportunities, and it is a good ferees to H.R. 3043, the Departments of to the President so we can deliver this start. Labor, Health and Human Services, and Edu- money to these heroes to whom we owe I don’t know what the journey will be cation, and Related Agencies Appropriations so much. on future trade bills, but America has Act of 2008. f to start standing up for its own work- ers, its own regions, and making sure The SPEAKER pro tempore. Without FISA objection, the Chair appoints the fol- that small businesses do not lose their (Mr. MCDERMOTT asked and was lowing conferees on H.R. 3043: economic opportunity simply because given permission to address the House we want to engage in globalization. Mr. OBEY, Mrs. LOWEY, Ms. DELAURO, for 1 minute and to revise and extend Globalization may be good, but Ameri- Mr. JACKSON of Illinois, Mr. KENNEDY, his remarks.) cans have to be protected, and I was Ms. ROYBAL-ALLARD, Ms. LEE, Mr. Mr. MCDERMOTT. Mr. Speaker, very glad to vote for this legislation UDALL of New Mexico, Mr. HONDA, Ms. we’ve been here before. In the 1920s, today. MCCOLLUM of Minnesota, Messrs. RYAN America spied on its citizens and ar- f of Ohio, MURTHA, EDWARDS, WALSH of rested thousands because they advo- New York, REGULA, PETERSON of Penn- cated for change. In the 1950s, America b 1745 sylvania, WELDON of Florida, SIMPSON, black-listed innocent Americans whose AUTHORIZING THE CLERK TO REHBERG, YOUNG of Florida, WICKER, only crime was to run afoul of Senator MAKE CORRECTIONS IN EN- and LEWIS of California. Joe McCarthy. In the 1970s, America il- GROSSMENT OF H.R. 3920, TRADE There was no objection. legally spied on people in the civil AND GLOBALIZATION ASSIST- f rights and the Vietnam antiwar move- ANCE ACT OF 2007 RESIGNATION AS MEMBER OF ments, including Dr. Martin Luther Mrs. MCCARTHY of New York. Mr. COMMITTEE ON ARMED SERVICES King. Speaker, I ask unanimous consent that The transgressions were so egregious The SPEAKER pro tempore laid be- the Clerk be authorized to make tech- that a courageous Senator Frank fore the House the following resigna- nical corrections in the engrossment of Church from Idaho led a search for tion as a member of the Committee on H.R. 3920, to include corrections in truth and affirmation of freedom. In Armed Services: spelling, punctuation, section num- the end, the Congress passed FISA, the bering and cross-referencing, and the OCTOBER 31, 2007. Foreign Intelligence Surveillance Act. Hon. NANCY PELOSI, insertion of appropriate headings. Speaker, House of Representatives, FISA provides a swift and certain The SPEAKER pro tempore (Mr. The Capitol, Washington, DC. means for America to meet any threat YARMUTH). Is there objection to the re- DEAR MADAM SPEAKER: This letter is to ad- without threatening America’s free- quest of the gentlewoman from New vise you that, effective today, I am resigning doms. But this administration seems it York? my seat on the House Armed Services Com- cannot defend America without demol- There was no objection. mittee. I look forward to resuming my serv- ishing America’s freedoms. f ice on the Armed Services Committee when The President wants the Congress to my term on the House Permanent Select undermine FISA with new legislation SPECIAL ORDERS Committee on Intelligence expires. I under- stand that I will retain my seniority on that would make it easy to spy on any The SPEAKER pro tempore. Under Armed Services for the duration of my leave. American, just like the 1920s, the 1950s the Speaker’s announced policy of Jan- Thank you for your assistance with this and the 1970s. These are not the good uary 18, 2007, and under a previous matter. old days, and I oppose any attempt to order of the House, the following Mem- Sincerely, use fear to subvert freedom. bers will be recognized for 5 minutes JAMES R. LANGEVIN, We can keep America safe without each. Member of Congress. sacrificing America in the process. I f The SPEAKER pro tempore. Without urge my colleagues to remember why objection, the resignation is accepted. FISA was created and why we should THE VIETNAM WAR REDUX There was no objection. not neuter it in the near future. The SPEAKER pro tempore. Under a f f previous order of the House, the gentle- woman from California (Ms. WOOLSEY) 138 DAYS, NO VETERANS BILL TRADE AND GLOBALIZATION is recognized for 5 minutes. (Mr. BOOZMAN asked and was given ASSISTANCE ACT Ms. WOOLSEY. Mr. Speaker, the permission to address the House for 1 (Ms. JACKSON-LEE of Texas asked first national protest demonstration minute and to revise and extend his re- and was given permission to address against the Vietnam War occurred 40 marks.) the House for 1 minute and to revise years ago this month. About 100,000 Mr. BOOZMAN. Mr. Speaker, I come and extend her remarks.) Americans came to Washington in Oc- here today to continue my call on the Ms. JACKSON-LEE of Texas. Mr. tober 1967 to protest that foreign policy leadership to move the Veterans appro- Speaker, today the House passed the disaster. priations bill forward. Trade and Globalization Assistance Act Vietnam was a war of choice. We in- As of today, we have gone 138 days in of 2007, and I was very proud to support vaded a country that never attacked this Chamber with no action, no plan this legislation. And I thank Chairman us. We sent our troops into the middle of action, and more importantly, no RANGEL and, of course, Chairman MIL- of a civil war that had nothing to do veterans bill. I am concerned that we LER for their insight. with us. We went to war in a country have a $4.4 billion increase in veterans A couple of years ago, when we whose culture or history we did not un- health care collecting dust on some- moved on the permanent normal trade derstand. We had no exit strategy. one’s desk in this very building. I sus- relations with China, I worked with the We went to war after Congress au- pect that there are many people here then-Clinton administration to craft thorized the President to do so. We

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.044 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12349 found out later that the congressional The administration has no exit strat- forbidden document, a document that resolution was based on false informa- egy for Iraq. So it is up to Congress to that Communist regime said that no tion supplied by the administration. provide one. We must use our power, one shall read in public. The Vietnam War divided our people. the power of the purse, to defund the I would like to read a portion of that It led to the deaths of thousands of war. Then we must fully fund the safe, document here tonight. He quoted American troops and countless inno- orderly and responsible redeployment someone from the United States. In cent civilians. It undermined our moral of our troops’ withdrawal and the with- that statement where he spent 7 years leadership in the world. We went to drawal of all military contractors. in prison, he stated, ‘‘We hold these war alone. We were isolated from our Then we must launch a vigorous re- truths to be self-evident, that all men allies. It was a propaganda victory for gional and international diplomatic ef- are created equal, that they are en- our enemies. fort to bring peace to Iraq and help it dowed by their Creator with certain There is more, Mr. Speaker. We rebuild. unalienable Rights, that among these propped up an often corrupt govern- A few years ago, the administration are Life, Liberty, the pursuit of Happi- ment that couldn’t figure out how to called for an initiative to improve ness, that to secure these rights, Gov- rule. We kept waiting for South Viet- Americans’ understanding of history. ernments are instituted among Men, namese troops to stand up so we could Our leaders in the White House should deriving the just powers from the con- stand down. The Vietnam War squan- start by learning the history of Viet- sent of the governed.’’ dered our Nation’s treasure. It diverted nam. Yes, Mr. Speaker, that Prague stu- us from solving our own domestic prob- dent who spent 7 years in prison under- lems. f stood where his rights came from. It We said the war was all about spread- THE RIGHTS OF THE INDIVIDUAL was not from government, but it was ing freedom. But the people of the The SPEAKER pro tempore. Under a from the Almighty, the Creator, as country we invaded saw it as a foreign previous order of the House, the gen- quoted in the Declaration of Independ- occupation. The occupation went on tleman from Texas (Mr. POE) is recog- ence that he chose to read and cost him year after year. It passed from one ad- nized for 5 minutes. 7 years of his freedom, that Declara- ministration to another. Our leaders Mr. POE. Mr. Speaker, I think it is tion of Independence that was written kept telling us victory was just around wise from time to time that we in this and authored by Thomas Jefferson. the corner if we put more troops in. It House reflect upon our heritage, who Of course that document was the sta- devastated the country we were trying we are and where we get our dignity as tus and the statement and the indict- to save. It was a political, economic individuals in this country. As a ment against King George, not the peo- and moral catastrophe for America. former judge in Texas for over 22 years, ple of England, but King George, the That was Vietnam. But it sounds ex- I like to spend time in our schools, our Government of England, for why the actly like Iraq. Today we are repeating elementaries, junior highs, high United States had a right to be a sepa- the same terrible mistakes in Iraq that schools and even our law schools, dis- rate and independent nation. It was an we made 40 years ago in Vietnam. cussing all aspects of the United States indictment stating the causes, and fi- Some of the Members of this House and our history. And I would often ask nally the Constitution was the govern- who support our occupation of Iraq this question to the groups that I was ment that we set up to preserve the lived through Vietnam. They have had talking to: ‘‘Where do we, as Ameri- rights in the Declaration of Independ- 40 years to think about it. Yet they cans, get our rights?’’ ence. still miss the point. The doctrine of Sometimes asking that question We get our rights from the Creator. preemptive war is not suited to Amer- would cause people some concern that Because if we get our rights from gov- ica because we are not warmongers. ernment, governments can take those made them somewhat uncomfortable, The American people do not believe in rights away from us at any time gov- especially the elites in our law schools. shooting first and asking questions ernment wishes to do so. Mr. Speaker, I would ask those questions to not only later. 49 of the 50 States have in their pre- law professors but justices on our There is one other mistake we made ambles a reference to the Almighty. courts throughout the fruited plain. back then that I hope we won’t repeat, Many of those preambles mention the But the answers would vary from the but I am afraid we will. The war in fact that they get their rights in the students. Some would say we get our Vietnam spread to another country States from the Creator. when we bombed Cambodia. Today, rights from our parents. Others would The Bill of Rights in our Constitu- there is growing evidence that the ad- say, well, we get our rights from the tion limits government. Government ministration is getting ready to spread President. Even one student last week does not have rights. Government has the war in Iraq to another country. told me we get our rights from Harry power. And government gets power That would be Iran. About a week ago, Potter. But most of the kids that I from us when we choose to give up in- the administration warned that Iran would talk to and most of the profes- dividual liberty and give up individual would face serious consequences if it sors I would talk to say, well, we get rights. Government has the power to proceeded on its current course. We all our rights as Americans from govern- control us and control our liberties wonder what that means. Does it mean ment. only if we let it. So the Bill of Rights another round of shock and awe? An- All of those answers, I submit to you, and the Constitution says government other country for our reckless leaders Mr. Speaker, are wrong because we was set up to protect the rights that we to bomb? don’t get our rights from any of those have, those God-given rights of life, lib- But the administration needs to con- entities. We talk about our rights, we erty and the pursuit of happiness. In sider the ‘‘serious consequences’’ that claim we have rights, but we never talk fact, the ninth amendment to the Bill America will face if we attack yet an- about where we get them. I think it of Rights says there are more rights other Middle Eastern country. Our oc- would be easier to describe a story that that aren’t even listed in the Bill of cupation of Iraq has produced a fresh occurred shortly after the Iron Cur- Rights that we have. new crop of terrorists. Using military tain, as Churchill called it, came down, Mr. Speaker, on the Jefferson Memo- force instead of diplomacy to get Iran the Berlin Wall, the wall that sepa- rial down the street from where we all to act responsibly will certainly do the rated East from West, freedom from are is written a quote by Thomas Jef- same. slavery. When the wall came down, ferson which says, ‘‘God who gave us In 1999, Mr. Speaker, when America there were numerous political pris- Life gave us Liberty. Can the liberties was involved in Kosovo, the then-Gov- oners in Eastern Europe that were fi- of a nation be secure when we have re- ernor of Texas said, and I quote him, nally freed but put in prison by those moved a conviction that these liberties ‘‘Victory means exit strategy, and it’s oppressive governments for exercising are the gift of God?’’ important for the President to explain what they believed to be freedoms. One Mr. Speaker, if we fail to acknowl- to us what that exit strategy is.’’ That was a Prague, Czechoslovakian student edge this legal principle of God-given Governor of Texas is now in the White who had gone to prison for 7 years and rights, then we deny our heritage as House. But he is not following his own was serving time because he was read- Americans and our reason to be a free advice. ing on the steps of Prague University a people.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.121 H31OCPT1 cnoel on PRODPC60 with HOUSE H12350 CONGRESSIONAL RECORD — HOUSE October 31, 2007 And that’s just the way it is. course of His Providence, an opportunity and Texas 1845, Preamble: We the People of the STATE CONSTITUTIONS—REFERENCES TO GOD devoutly imploring His direction . . . Republic of Texas, acknowledging, with grat- Michigan 1908, Preamble: We, the people of itude, the grace and beneficence of God. Alabama 1901, Preamble: We the people of the State of Michigan, grateful to Almighty Utah 1896, Preamble: Grateful to Almighty the State of Alabama, invoking the favor God for the blessings of freedom establish God for life and liberty, we establish this and guidance of Almighty God, do ordain and this Constitution. Constitution. establish the following Constitution. Minnesota 1857, Preamble: We, the people Vermont 1777, Preamble: Whereas all gov- Alaska 1956, Preamble: We, the people of of the State of Minnesota, grateful to God ernment ought to enable the individuals who Alaska, grateful to God and to those who for our civil and religious liberty, and desir- compose it to enjoy their natural rights, and founded our nation and pioneered this great ing to perpetuate its blessings: other blessings which the Author of Exist- land. Mississippi 1890, Preamble: We, the people ence has bestowed on man . . . Arizona 1911, Preamble: We, the people of of Mississippi in convention assembled, Virginia 1776, Bill of Rights, XVI Religion, the State of Arizona, grateful to Almighty grateful to Almighty God, and invoking His or the Duty which we owe our Creator can be God for our liberties, do ordain this Con- blessing on our work. . . . directed only by Reason and that it is the stitution . . . Missouri 1845, Preamble: We, the people of mutual duty of all to practice Christian For- Arkansas 1874, Preamble: We, the people of Missouri, with profound reverence for the bearance, Love and Charity towards each the State of Arkansas, grateful to Almighty Supreme Ruler of the Universe, and grateful other. God for the privilege of choosing our own for His goodness . . . Establish this Constitu- Washington 1889, Preamble: We the People form of government . . . tion. of the State of Washington, grateful to the California 1879, Preamble: We, the People Montana 1889, Preamble: We, the people of Supreme Ruler of the Universe for our lib- of the State of California, grateful to Al- Montana, grateful to Almighty God for the erties, do ordain this Constitution. mighty God for our freedom. blessings of liberty establish this Constitu- West Virginia 1872, Preamble: Since Colorado 1876, Preamble: We, the people of tion. through Divine Providence we enjoy the Colorado, with profound reverence for the Nebraska 1875, Preamble: We, the people, blessings of civil, political and religious lib- Supreme Ruler of Universe . . . grateful to Almighty God for our freedom erty, we, the people of West Virginia reaf- Connecticut 1818, Preamble: The People of . . . Establish this Constitution. firm our faith in and constant reliance upon Connecticut, acknowledging with gratitude Nevada 1864, Preamble: We the people of God . . . the good Providence of God in permitting the State of Nevada, grateful to Almighty Wisconsin 1848, Preamble: We, the people of them to enjoy. God for our freedom establish this Constitu- Wisconsin, grateful to Almighty God for our Delaware 1897, Preamble: Through Divine tion. freedom, domestic tranquility. Goodness all men have, by nature, the rights New Hampshire 1792, Part I. Art. I. Sec. V. Wyoming 1890, Preamble: We, the people of of worshiping and serving their Creator ac- Every individual has a natural and the State of Wyoming, grateful to God for cording to the dictates of their consciences. unalienable right to worship God according our civil, political, and religious liberties es- Florida 1885, Preamble: We, the people of to the dictates of his own conscience. tablish this Constitution. the State of Florida, grateful to Almighty New Jersey 1844, Preamble: We, the people God for our constitutional liberty, establish of the State of New Jersey, grateful to Al- f this Constitution . . . mighty God for civil and religious liberty The SPEAKER pro tempore. Under a Georgia 1777, Preamble: We, the people of which He hath so long permitted us to enjoy, previous order of the House, the gen- and looking to Him for a blessing on our en- Georgia, relying upon protection and guid- tleman from Maryland (Mr. CUMMINGS) ance of Almighty God, do ordain and estab- deavors. New Mexico 1911, Preamble: We, the People is recognized for 5 minutes. lish this Constitution . . . (Mr. CUMMINGS addressed the Hawaii 1959, Preamble: We, the people of of New Mexico, grateful to Almighty God for Hawaii, Grateful for Divine Guidance . . . the blessings of liberty. House. His remarks will appear here- Establish this Constitution . . . New York 1846, Preamble: We, the people of after in the Extensions of Remarks.) the State of New York, grateful to Almighty Idaho 1889, Preamble: We, the people of the f State of Idaho, grateful to Almighty God for God for our freedom, in order to secure its our freedom, to secure its blessings. blessings. b 1800 North Carolina 1868, Preamble: We the peo- Illinois 1870, Preamble: We, the people of CAMPAIGN SPENDING DOOMSDAY the State of Illinois, grateful to Almighty ple of the State of North Carolina, grateful God for the civil, political and religious lib- to Almighty God, the Sovereign Ruler of Na- The SPEAKER pro tempore. Under a erty which He hath so long permitted us to tions, for our civil, political, and religious previous order of the House, the gentle- enjoy and looking to Him for a blessing on liberties, and acknowledging our dependence woman from Ohio (Ms. KAPTUR) is rec- our endeavors. upon Him for the continuance of those. North Dakota 1889, Preamble: We, the peo- ognized for 5 minutes. Indiana 1851, Preamble: We, the People of ple of North Dakota, grateful to Almighty Ms. KAPTUR. Mr. Speaker, for 60 the State of Indiana, grateful to Almighty God for the blessings of civil and religious years, the Bulletin of Atomic Sci- God for the free exercise of the right to liberty, do ordain . . . entists has operated the doomsday choose our form of government. Ohio 1852, Preamble: We the people of the Iowa 1857, Preamble: We, the People of the clock which measures the threat to state of Ohio, grateful to Almighty God for State of Iowa, grateful to the Supreme Being civilization and counts the minutes our freedom, to secure its blessings and to for the blessings hitherto enjoyed, and feel- under midnight. When it was first in- promote our common. ing our dependence on Him for a continu- Oklahoma 1907, Preamble: Invoking the troduced in 1947, the doomsday clock ation of these blessings establish this Con- guidance of Almighty God, in order to secure measured only the nuclear threat. But stitution. and perpetuate the blessings of liberty estab- now it takes climate change into ac- Kansas 1859, Preamble: We, the people of lish this. count as well. Kansas, grateful to Almighty God for our Oregon 1857, Bill of Rights, and Article I. But perhaps we need a different civil and religious privileges establish this Section 2. All men shall be secure in the Nat- Constitution. doomsday clock, a clock that will warn ural right, to worship Almighty God accord- us about a different type of arms race Kentucky 1891, Preamble: We, the people of ing to the dictates of their consciences. the Commonwealth are grateful to Almighty Pennsylvania 1776, Preamble: We, the peo- that also threatens the future of our God for the civil, political and religious lib- ple of Pennsylvania, grateful to Almighty Republic. This arms race is not nuclear erties . . . God for the blessings of civil and religious weaponry but instead uncontrolled es- Louisiana 1921, Preamble: We, the people of liberty, and humbly invoking His guidance. calation in campaign spending. Unbri- the State of Louisiana, grateful to Almighty Rhode Island 1842, Preamble: We the Peo- dled campaign spending represents the God for the civil, political and religious lib- ple of the State of Rhode Island grateful to clearest, most present danger to our erties we enjoy. Almighty God for the civil and religious lib- Maine 1820, Preamble: We the People of democratic ideals as a Republic. erty which He hath so long permitted us to Here is the latest evidence. Just this Maine acknowledging with grateful hearts enjoy, and looking to Him for a blessing. the goodness of the Sovereign Ruler of the South Carolina 1778, Preamble: We, the week, the Center For Responsive Poli- Sovereign Ruler of the Universe in affording people of the State of South Carolina grate- tics released the latest information us an opportunity . . . And imploring His aid ful to God for our liberties, do ordain and es- about campaign spending in the 2008 and direction. tablish this Constitution. presidential race. Maryland 1776, Preamble: We, the people of South Dakota 1889, Preamble: We, the peo- After 9 months of fundraising, says the state of Maryland, grateful to Almighty ple of South Dakota, grateful to Almighty the Center, ‘‘This Presidential money God for our civil and religious liberty . . . God for our civil and religious liberties. Massachusetts 1780, Preamble: We . . . the Tennessee 1796, Art. XI.III. that all men chase seems to be on track to collect people of Massachusetts, acknowledging have a natural and indefeasible right to wor- an unprecedented $1 billion total. By with grateful hearts, the goodness of the ship Almighty God according to the dictates some predictions, the eventual nomi- Great Legislator of the Universe . . . In the of their conscience . . . nees will need to raise $500 million

VerDate Aug 31 2005 04:41 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.122 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12351 apiece to compete.’’ $500 million apiece tives and of those Presidential can- Members of the Senate committee to compete. This is a tremendous didates when they whiz through town. decided to try again last month in this amount of throw-weight, to borrow a America needs a new declaration of Congress. I am forced once again to re- Cold War term. independence to take our politics back spond by reintroducing my bill. My bill ‘‘After nine months of fundraising, from the money handlers, the bundlers, very simply and plainly ensures the the candidates for President in 2008 the lobbyists, the spin doctors and the ability for scientific study of truly an- have already raised about $420 million. telemarketers, which is what Presi- cient remains. If this matter is pushed This Presidential money chase seems dential campaigns have become, tele- to the Senate, then let us have a full, to be on track to collect an unprece- marketing, with $1 billion being put on open and honest debate about what the dented,’’ and I repeat, ‘‘$1 billion television. Senate Indian Affairs Committee total’’. That is probably four to five Let’s return our Republic, if we can, would do to scientific study in our times as much as was collected just 4 to the American people and, more im- country. The effort to quietly slide years ago. On the Democratic side, HIL- portantly, a free Republic to our chil- through such a dramatic change needs LARY CLINTON has raised nearly $100 dren. to stop. Those who support it should million. On the Republican side, Mitt f explain why and give a justification. Romney is about half that amount, but The SPEAKER pro tempore. Under a Mr. Speaker, I hope the introduction Rudy Giuliani is just on his tracks. previous order of the House, the gen- of my legislation will help bring bal- BARACK OBAMA has raised about an tleman from North Carolina (Mr. ance to what is being done on the other equal amount to Senator CLINTON. JONES) is recognized for 5 minutes. side of the Capitol, and that scientific The projected Presidential spending (Mr. JONES of North Carolina ad- inquiry is not extinguished through the will exceed the annual gross domestic dressed the House. His remarks will ap- quiet acts of the United States. product of 25 nations on this planet. pear hereafter in the Extensions of Re- f Where is all this money coming from? marks.) The SPEAKER pro tempore. Under a If the Presidential campaign surpasses f previous order of the House, the gen- the $1 billion mark for the first time in tleman from Indiana (Mr. BURTON) is our history, who will own the next REINTRODUCTION OF LEGISLA- recognized for 5 minutes. President? Isn’t that what the Amer- TION TO SUPPORT THE SCI- (Mr. BURTON of Indiana addressed ican people are asking? Will it be mid- ENTIFIC STUDY OF ANCIENT RE- the House. His remarks will appear dle-class voters, who are holding on for MAINS hereafter in the Extensions of Re- dear life, ordinary working folks trying The SPEAKER pro tempore. Under a marks.) to pay for gasoline, put food on the previous order of the House, the gen- table, pay insurance bills, pay utility tleman from Washington (Mr. f HASTINGS) is recognized for 5 minutes. bills, pay tuition costs, pay taxes? Will FACTS ABOUT NICS they have more influence over the next Mr. HASTINGS of Washington. Mr. President of the United States? Or will Speaker, last month the Senate Com- The SPEAKER pro tempore. Under a the big-money special interests have mittee on Indian Affairs approved a previous order of the House, the gentle- more influence? We all know the an- bill that included a two-word addition woman from New York (Mrs. MCCAR- swer to that question. to existing law that effectively blocks THY) is recognized for 5 minutes. The people are telling us they are the scientific study of ancient skeletal Mrs. MCCARTHY of New York. Mr. deeply troubled. All the polls show the remains discovered on Federal land. Speaker, I would like to respond to American people feel that Washington This change, tucked into what is being some inaccurate information being is totally out of step with them. It’s called a technical corrections bill, is spread on H.R. 2640, the NICS Improve- hard to imagine a Presidential can- very far from a minor ‘‘technical cor- ment Amendments Act. As you know, didate who is not beholden to special rection.’’ It is a fundamental shift in Federal law prohibits nine groups of in- interests. It’s hard to imagine that a existing law and would overturn a deci- dividuals from obtaining a firearm. candidate who relies on hedge funds, sion of the Ninth Circuit Court, which One such group includes individuals multinationals and special interests is second only to the Supreme Court. who are determined to be mentally ill will be able to stand up for the middle Such an extreme action should not be or who were committed to a mental in- class in America. The middle class is hidden within a mostly noncontrover- stitution. These determinations and asking where is the President, where is sial bill. commitments are made in accordance the Congress. In its ruling, the Ninth Circuit Court with the State law and always in ac- What type of legacy is this leaving expressly allowed the research and sci- cordance with due process. One purpose for our children? Will they not con- entific study of ancient human remains of H.R. 2640 is to ensure that informa- clude our Republic is owned lock, stock found in the United States. The Senate tion on these people make it into the and barrel by the rich and powerful? It bill seeks to quietly erase our Nation’s Federal gun background check system. sure looks that way. What will they ability to study our past and the plan- According to officials at the Depart- think our Nation, once founded with et’s human history. The Tri-Cities ment of Veterans Affairs, VA officials the high ideals of patriotism, sacrifice community in my central Washington make no determination or commit- and rebellion against entrenched inter- district needs no introduction to this ment regarding the legal mental health ests? What has happened to that Re- issue. They experienced firsthand the status of any of our veterans. However, public? court battles that ensued after the some groups continue to believe that The dollar amounts being tossed 9,300-year-old Kennewick Man remains the VA is sending data to the NICS sys- around in the 2000 Presidential race were discovered on the banks of the Co- tem on veterans who do not meet the make it only a matter time before an- lumbia River in 1996. These remains are disqualification of gun rights. other giant scandal rocks our govern- among the oldest found in North Amer- To ensure our veterans are not losing ment and further undermines the con- ica, and the quality of the remains has their gun rights, I included several pro- fidence in our body politic and our very the potential to yield researchers tective provisions in H.R. 2640. These system of government. We must curb greater insight into the early history provisions ensure two things. First, the this arms race now before it’s too late. of man in North America. VA will only provide records on vet- H. Con. Res. 6, which I have intro- A full 8 years after the Kennewick erans determined by the same proce- duced, reaffirms that presence of un- Man’s discovery, the Ninth Circuit dures that apply to nonveterans in re- limited amounts of money is cor- Court ruled in 2004, as I have explained, gards to mental health. Second, they rupting our political process in a fun- that the remains were to be studied by require that the removal from NICS of damental manner. I encourage my col- scientists. Then, during the last Con- a veteran’s records that do not meet leagues to join me in cosponsoring this gress, the Senate first sought its two- the law’s standards. legislation and for Americans to pay word addition in ‘‘technical correc- The intent and purpose of these sec- attention and call this important issue tions.’’ I introduced a bill to challenge tions is clear. NICS should only have to the attention of their representa- and publicize this action. information on veterans disqualified

VerDate Aug 31 2005 04:41 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.125 H31OCPT1 cnoel on PRODPC60 with HOUSE H12352 CONGRESSIONAL RECORD — HOUSE October 31, 2007 because they were legally determined MAKING TRADE ADJUSTMENT AS- tablishment of an automatic industry to be mentally ill or involuntarily SISTANCE PROGRAMS BETTER certification alone will be a dramatic committed to a mental institution. FOR THE FUTURE improvement on current law. The VA will not transfer information The SPEAKER pro tempore. Under a In addition, the bipartisan measure on veterans who just were treated for previous order of the House, the gen- would extend eligibility to service posttraumatic syndrome or who have a tleman from Pennsylvania (Mr. workers, such as engineers, boost VA disability rating based on some ENGLISH) is recognized for 5 minutes. health care benefits, and improve wage mental health problem that does not Mr. ENGLISH of Pennsylvania. Mr. insurance programs. In fact, many of reach the legal threshold of mental ill- Speaker, as the United States enters a these provisions rather closely mirror ness within the State. new era of trade liberalization, where legislation that I introduced early this In addition, I recognize that mental foreign competition and an evolving year, H.R. 910, the American Competi- illness is not necessarily a permanent international market challenge the tiveness and Adjustment Act. impediment. Since the State made the historic preeminence of America’s As cochair of the TAA Coalition, I initial determination of mental illness, manufacturing base, Congress must be have long advocated for the strength- that State should be able to remove vigilant in upholding its commitment ening and streamlining of these crit- that determination. H.R. 2640 contains to working people and update the safe- ical safety-net programs, and I am a section to address this section. ty-net programs that were created to proud to have been a part of today’s help America’s families stay afloat House action, which has been years in If a State elects to receive funds au- during challenging and troubling eco- the making. thorized by H.R. 2640, it must establish nomic times. By expanding and clarifying benefits, a procedure to review and, if appro- As the growing global economy con- cutting through mountains of red tape priate, reverse mental health status. A tinues to reduce barriers to trade, do- and channeling the right resources to- veteran or any other individual will be mestic employers are forced to respond ward retraining, H.R. 3920 represents able to apply to a State court, board, to new opportunities and challenges the most important restructuring of commission or any other lawful au- alike. The Trade Adjustment Assist- TAA since the program’s inception. In thority. That authority would review ance programs collectively assist in my view, the Congress has a funda- the person’s situation. It is up to the the transition involved in overcoming mental obligation to American em- State to set up and determine how the these challenges. ployers and workers to devote the time procedure will operate in accordance Today, Mr. Speaker, the House necessary to make significant improve- with due process. I expect that a State passed landmark legislation to extend ments to the program this year. would use the same process that it uses these critical safety-net programs to I look forward to working with my to make the initial determination or American workers and employers who colleagues to advance these common- commitment. have suffered from foreign trade. The sense improvements to vastly accel- H.R. 2640 does not change how a per- reauthorization of these programs rep- erate and enhance the opportunities af- son is found to be disqualified from ob- resents an opportunity for significant forded workers displaced by trade, as taining or possessing a gun. The lan- reform and enhancement and will serve well as augment the competitiveness of guage and procedures of the Gun Con- as one of the milestones that can be a American employers before they are trol Act of 1968 remain in effect. The foundation for strengthening U.S. forced to furlough workers. bill does, however, insist that NICS re- trade policy. TAA has proven to be a lifeline for ceives only records on disqualified per- Since 1975, over 3 million American American workers displaced by trade. sons, whether a veteran or nonveteran. workers have been certified for assist- It has prevented thousands of Amer- ance under the TAA for Workers pro- H.R. 2640 would also allow States to ican companies from surrendering to gram, and more than 2 million workers establish procedures that permit a per- the often increased pressure of the have directly received assistance. In son disqualified on the basis of legal international marketplace, despite the last 10 years, the TAA for Firms mental illness to prove to the State their innate ability to compete on a program has saved more than 60,000 that he or she no longer poses a danger level playing field and to succeed in jobs. In my district in western Penn- to society. doing so. sylvania, more than 20 companies have House passage of this bill clears the I believe that H.R. 2640 is fair and it gone through the program and, as a re- first hurdle in helping to make TAA is balanced. I am hoping the other body sult, have been able to save and even better for the future. will soon approve the bill so that the create new jobs for local workers. Mr. Speaker, I urge the Senate to act States will be encouraged to provide Clearly, the TAA programs as a swiftly on this critical issue. American information that improves the back- group have an impressive record of suc- workers, employers and indeed our ground check system on gun purchases. cess. And the bill that we voted on economy cannot wait. This was a bill that was worked out to- today, although not designed exactly gether here in the House. It had strong as I would have preferred, is a strong f bipartisan support. If the bill had been step forward in strengthening these b 1815 placed when it was first passed in the programs so that they are more effi- DEMOCRATS HONOR FISCAL year 2002, there is a possibility that cient, more robust, more flexible and RESPONSIBILITY Mr. Cho from Virginia Tech would not more user friendly. have been able to obtain a gun and H.R. 3920 would move to overhaul and The SPEAKER pro tempore. Under a commit the unfortunate murders that reauthorize the TAA for Workers, previous order of the House, the gen- he did. Firms and Farmers programs for an ad- tleman from New York (Mr. HALL) is Mr. Speaker, it is common sense that ditional 5 years, through 2012. Impor- recognized for 5 minutes. when you work with the NRA, and cer- tantly, the measure would speed the Mr. HALL of New York. Mr. Speaker, tainly those that consider me a fair delivery of benefits by establishing an I come to the floor in defense of fiscal person on reducing gun violence in this automatic industry certification sys- responsibility. After 6 years of disas- country, that we need to get the other tem for workers negatively impacted trous management and record deficits, body to pass this bill so we can save by trade. the new Democratic House has restored lives. As you know, Mr. Speaker, the TAA fiscal sanity to the Federal Govern- certification process has been a bureau- ment. We have reinstated PAYGO, or The SPEAKER pro tempore. Under a cratic nightmare of red tape that has pay as you go, and passed a budget that previous order of the House, the gen- plagued the program for a long time. will balance Federal spending. tleman from Oregon (Mr. DEFAZIO) is H.R. 3920 would replace the current As the Speaker knows, PAYGO re- recognized for 5 minutes. sluggish and Byzantine system which quires the House to live by the same (Mr. DEFAZIO addressed the House. requires the Department of Labor to rules that American families live by. His remarks will appear hereafter in individually approve the petitions for Like them, if we want to spend more the Extensions of Remarks.) assistance for these workers. The es- money on something, we know we have

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.129 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12353 to spend less money on something else. With this $144 million, I believe we one subcommittee or does not fall within Just as families sit down and make should instead provide health care for any previously assigned jurisdictions, the tough choices every day, Congress now over 20,000 New York veterans. Chairwoman shall refer the matter, as she has to decide what the government’s The President has paid $2 billion to may deem advisable. priorities should be. provide drinking water to the Iraqi 3. DATE OF MEETING And the new Democratic majority people, although fewer Iraqis now have The regular meeting date of the committee has made America’s priorities the pri- access to drinkable water than before shall be the second Thursday of every month orities of this Congress. We have twice the war. Yet the President threatens to when the House is in session. A regular meeting of the committee may be dispensed passed the SCHIP legislation to provide veto $1.2 billion, as compared to $2 bil- with if, in the judgment of the Chairwoman, working families with health care for lion, for clean drinking water here in there is no need for the meeting. Additional their children. America. meetings may be called by the Chairwoman We passed the College Cost Reduction Finally, the President stood quietly as she may deem necessary or at the request Act, the largest investment in college by as the American government of a majority of the members of the com- financial aid since the GI bill. This bill shipped $8.8 billion in cash to Iraq and mittee in accordance with clause 2(c) of rule increased Pell Grants, provided tuition simply lost it. You heard me correctly, XI of the House. assistance for future teachers, and en- At least 3 days notice of such an additional lost it. There are absolutely no records meeting shall be given unless the Chair- abled loan forgiveness for first respond- to explain where this money went. It woman determines that there is good cause ers, law enforcement officers, and fire just disappeared into the Iraqi desert. to call the meeting on less notice. fighters. The new Democratic majority has The determination of the business to be The new Democratic Congress also spent the last year restoring fiscal san- considered at each meeting shall be made by honored America’s promise to our vet- ity to the government’s budget. We the Chairwoman subject to clause 2(c) of rule erans by passing the largest budget in- have passed legislation to help middle- XI of the House. crease in the history of the Depart- class families insure their children and A regularly scheduled meeting need not be ment of Veterans Affairs. held if there is no business to be considered pay for college. We have funded impor- or, upon at least 3 days notice, it may be set We have passed appropriations bills tant needs across this country. I am for a different date. that fund the most pressing needs of proud of our work and I urge the Presi- 4. ANNOUNCEMENT OF HEARINGS our country. As the bridge collapse in dent to stop playing politics and sign Minnesota showed, there are serious in- Unless the Chairwoman, with the concur- these important bills. rence of the Ranking Minority Member, or frastructure needs throughout the f the committee by majority vote, determines country. In fact, there are 13 deficient The SPEAKER pro tempore. Under a that there is good cause to begin a hearing bridges alone, according to a study previous order of the House, the gentle- at an earlier date, public announcement that we were shown today in a Trans- shall be made of the date, place and subject woman from California (Ms. WATERS) is matter of any hearing to be conducted by the portation and Infrastructure hearing, recognized for 5 minutes. in my district, the 19th Congressional committee at least 7 calendar days before (Ms. WATERS addressed the House. the commencement of that hearing. District of New York. Her remarks will appear hereafter in The House has increased funding for After announcement of a hearing, the com- the Extensions of Remarks.) mittee shall make available as soon as prac- highway repair by $631 million over the f ticable to all Members of the committee a President’s request to make these im- tentative witness list and to the extent prac- portant repairs. PUBLICATION OF THE RULES OF ticable a memorandum explaining the sub- We have provided $400 million extra THE COMMITTEE ON SMALL ject matter of the hearing (including rel- to improve the quality of teachers in BUSINESS, 110TH CONGRESS evant legislative reports and other necessary material). In addition, the Chairwoman shall America’s schools. The SPEAKER pro tempore. Under a House Democrats provided $1.8 bil- make available as soon as practicable to the previous order of the House, the gentle- Members of the committee any official re- lion above the President’s request to woman from New York (Ms. invest in renewable energies to save ports from departments and agencies on the VELA´ ZQUEZ) is recognized for 5 min- subject matter as they are received. our environment and end our depend- utes. ence on foreign oil. 5. MEETINGS AND HEARINGS OPEN TO THE Ms. VELA´ ZQUEZ. Mr. Speaker, in accord- PUBLIC Because we have funded these vital ance with clause 2(a) of rule XI of the Rules needs for America, the President has (A) Meetings: Each meeting of the com- of the House of Representatives, I respectfully mittee or its subcommittees for the trans- threatened to veto these bills. After submit the rules of the Committee on Small action of business, including the markup of borrowing more money than every Business for printing in the CONGRESSIONAL legislation, shall be open to the public, in- other President in history combined, cluding to radio, television and still photog- RECORD. The Committee on Small Business President Bush has decided to pretend adopted these rules by voice vote, a quorum raphy coverage, except as provided by clause to be fiscally responsible. Unfortu- 4 of rule XI of the House, except when the being present, at our organizational meeting nately for the President, his Halloween committee or subcommittee, in open session on January 31, 2007. costume just doesn’t fit. For as he pro- and with a majority present, determines by tests over $22 billion for American RULES AND PROCEDURES ADOPTED BY THE record vote that all or part of the remainder COMMITTEE ON SMALL BUSINESS, U.S. HOUSE of the meeting on that day shall be closed to needs, he has watched $35 billion in OF REPRESENTATIVES, 110TH CONGRESS, the public because disclosure of matters to taxpayer money get lost or stolen in 2007–2008 be considered would endanger national secu- Iraq. With the money the President has 1. GENERAL PROVISIONS rity, would compromise sensitive law en- lost in Iraq, we could pay for all of forcement information, or would tend to de- The Rules of the House of Representatives, fame, degrade or incriminate any person or these important needs with billions left and in particular the committee rules enu- otherwise would violate any law or rule of over. The President has spent over $2 merated in rule XI, are the rules of the Com- the House; Provided, however, that no person billion in Iraq to improve oil produc- mittee on Small Business to the extent ap- other than members of the committee, and tion; yet still, production of oil in Iraq plicable and by this reference are incor- such congressional staff and such executive porated. Each subcommittee of the Com- remains at below prewar levels. branch representatives as they may author- mittee on Small Business (hereinafter re- Now the President threatens to veto ize, shall be present in any business meeting ferred to as the ‘‘committee’’) is a part of the the Homeland Security bill because or markup session which has been closed to committee and is subject to the authority House Democrats have added that same the public. and direction of the committee, and to its (B) Hearings: Each hearing conducted by amount to train first responders and rules to the extent applicable. protect our ports. It seems that the the committee or its subcommittees shall be 2. REFERRAL OF BILLS BY CHAIRWOMAN President believes it is more important open to the public, including radio, tele- to waste money in Iraq than to provide Unless retained for consideration by the vision and still photography coverage, except committee, all legislation and other matters when the committee or subcommittee, in critical equipment and protective gear referred to the committee shall be referred open session and with a majority present, de- for 250 fire departments in New York. by the Chairwoman to the subcommittee of termines by record vote that all or part of The President has stood by while appropriate jurisdiction within 14 calendar the remainder of the hearing on that day contractors have gone $144 million over days. Where the subject matter of the refer- shall be closed to the public because disclo- budget building the embassy in Iraq. ral involves the jurisdiction of more than sure of testimony, evidence or other matters

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.132 H31OCPT1 cnoel on PRODPC60 with HOUSE H12354 CONGRESSIONAL RECORD — HOUSE October 31, 2007 to be considered would endanger the national Except when the committee adopts a mo- members on the resumption of proceedings security, would compromise sensitive law tion pursuant to subdivisions (B) and (C) of on any postponed recorded vote. When pro- enforcement information, or would violate clause (2)(j)(2) of rule XI of the rules of the ceedings resume on a postponed question, any law or rule of the House; Provided, how- House, committee members may question notwithstanding any intervening order for ever, that the committee or subcommittee witnesses only when they have been recog- the previous question, an underlying propo- may by the same procedure vote to close one nized by the Chairwoman for that purpose, sition shall remain subject to further debate subsequent day of hearings. Notwithstanding and only for a 5-minute period until all mem- or amendment to the same extent as when the requirements of the preceding sentence, bers present have had an opportunity to the question was postponed. a majority of those present, there being in question a witness. The Chairwoman and the 11. NUMBER AND JURISDICTION OF attendance the requisite number required Ranking Member shall not be subject to the SUBCOMMITTEES under the rules of the committee to be 5-minute period limitation. For all other There will be five subcommittees as fol- present for the purpose of taking testimony, Committee Members, the 5-minute period for lows: Finance and Tax (6 Democratic Mem- (i) may vote to close the hearing for the sole questioning a witness by any one member bers and 5 Republican Members); Contracting purpose of discussing whether testimony or can be extended only with the unanimous and Technology (6 Democratic Members and evidence to be received would endanger the consent of all members present. The Chair- 5 Republican Members); Regulations, Health national security, would compromise sen- woman, followed by the Ranking Minority Care, and Trade (8 Democratic Members and sitive law enforcement information, or vio- Member and all other members alternating 7 Republican Members) Rural and Urban En- late clause 2(k)(5) of rule XI of the House; or between the majority and minority, shall trepreneurship (7 Democratic Members and 6 (ii) may vote to close the hearing, as pro- initiate the questioning of witnesses in both Republican Members); Investigations and vided in clause 2(k)(5) of rule XI of the the full and subcommittee hearings. The Oversight (4 Democratic Members and 3 Re- House. order for questioning by members of each publican Members). All members of the committee shall be party shall be determined by the time in During the 110th Congress, the Chair- able to participate in any subcommittee which the member arrived at the hearing woman and Ranking Minority Member shall hearing. after the gavel has been struck, with the be ex officio members of all subcommittees, No member of the House may be excluded first arriving having priority over members without vote, and the full committee shall from non-participatory attendance at any of his or her party. If members arrive at the have the authority to conduct oversight of hearing of the committee or any sub- same time, then seniority shall dictate the all areas of the committee’s jurisdiction. In committee, unless the House of Representa- order. addition, all members of the committee may tives shall by majority vote authorize the In recognizing members to question wit- participate in hearings of any subcommittee committee or subcommittee, for purposes of nesses, the Chairwoman may take into con- of the committee. In addition to conducting a particular series of hearings on a par- sideration the ratio of majority and minor- oversight in the area of their respective ju- ticular article of legislation or on a par- ity members present in such a manner as not risdiction, each subcommittee shall have the ticular subject of investigation, to close its to disadvantage the Members of either party. following jurisdiction: hearing to members by the same procedures The Chairwoman, in consultation with the Subcommittee on Finance and Tax designated for closing hearings to the public. Ranking Minority Member, may decrease The Small Business Administration (SBA) Such members who would like to participate the 5-minute time period in order to accom- Lending and Investment programs: Section shall notify the Ranking Minority Member modate the needs of all the Members present 7(a) loan program, 504 Certified Development and submit a request to the Chairwoman one and the schedule of the witnesses. Company program, Small Business Invest- day in advance of such hearing. 7. SUBPOENAS ment Company program, Disaster Loan As- 6. WITNESSES A subpoena may be authorized and issued sistance programs, and Microloan program; (A) Statement of Witnesses: Each witness by the committee in the conduct of any in- access to capital and finance issues gen- who is to appear before the committee or vestigation or series of investigations or ac- erally; and oversight over tax policy and re- subcommittee shall file with the committee tivities to require the attendance and testi- tirement/pension matters affecting small at least two business days before the day of mony of such witness and the production of businesses. his or her appearance 75 copies of his or her such books, records, correspondence, memo- Subcommittee on Contracting and Technology randa, papers and documents, as deemed nec- written statement of proposed testimony. SBA Contracting programs including the essary. Such a subpoena shall be authorized Each witness shall also submit to the com- following: Section 8(a) Business Develop- by a majority vote of the full committee. mittee a copy of his or her final prepared ment program, Small Disadvantaged Busi- The requirement that the authorization of a statement in an electronic format at that ness SDB certification operated by SBA, subpoena require a majority vote may be time. Women’s Procurement Program, HUBZone At least one copy of the statement of each waived by the Ranking Minority Member. program, Surety Bond program, Service-dis- witness shall be furnished directly to the The Chairwoman may issue a subpoena, in abled veteran procurement, and Section (7)(j) Ranking Minority Member. In addition, all consultation with the Ranking Minority management and technical assistance pro- witnesses shall be required to submit with Member, when the House is out for more gram. SBA Technology programs: Small their testimony a curriculum vitae or other than three legislative days. Business Innovation Research (SBIR) pro- statement describing their education, em- 8. QUORUM gram, Small Business Technology Transfer ployment, professional affiliations and other No measure or recommendation shall be program; oversight of government-wide pro- background information pertinent to their reported unless a majority of the committee curement practices and programs affecting testimony unless waived by the Chairwoman. was actually present. For purposes of taking small businesses and oversight of technology Each witness will complete a disclosure form testimony or receiving evidence, there shall and patent issues. detailing any contracts or business that they be one member from the majority and one currently have with the federal government. Subcommittee on Regulations, Health Care, and member from the minority for the purposes Trade The committee will provide public access of a quorum. Such requirement shall be The Regulatory Flexibility Act, the Small to its printed materials, including the pro- waived for field hearings. For all other pur- Business Regulatory Enforcement Fairness posed testimony of witnesses, in electronic poses, one-third of the members (or 11 Mem- Act, and the Paperwork Reduction Act; form. bers) shall constitute a quorum. (B) Interrogation of Witnesses: Whenever SBA’s Office of Advocacy, National Ombuds- 9. AMENDMENTS DURING MARK-UP any hearing is conducted by the committee man, and SBA small business size standards; or any subcommittee upon any measure or Any amendment offered to any pending oversight of regulations and regulatory matter, the minority party members on the legislation before the committee must be issues that affect small businesses; oversight committee shall be entitled, upon request to made available in written form when re- of health care coverage issues; oversight over the Chairwoman by a majority of those mi- quested by any member of the committee. If issues affecting small health care providers; nority members, to call a witness or wit- such amendment is not available in written and oversight of trade issues, including nesses selected by the minority to testify form when requested, the Chairwoman shall SBA’s Office of International Trade. with respect to that measure or matter. The allow an appropriate period for the provision Subcommittee on Rural and Urban Entrepre- minority shall be entitled to a ratio of one- thereof. neurship third of the witnesses testifying. For the 10. POSTPONEMENT OF PROCEEDINGS SBA entrepreneurial development pro- purposes of determining this ratio, it shall The Chairwoman in consultation with the grams: Women’s Business Centers, National not include testifying government officials. Ranking Minority Member may postpone Veterans Business Development Corporation, The witnesses requested by the minority further proceedings when a record vote is or- Small Business Development Centers, shall be invited to testify by the Chair- dered on the question of approving any meas- SCORE, Drug Free Workplace program, Of- woman and must furnish at least one copy of ure or matter or adopting an amendment. fice of Women’s Business Ownership, and Na- his or her statement and any supplementary The Chairwoman may resume proceedings tional Women’s Business Council (NWBC). materials directly to the Chairwoman within postponed at any time, but no later than the New Markets Venture Capital (NMVC) pro- one business day before the day of his or her next meeting day. In exercising postpone- gram, New Markets Tax Credit program, appearance unless waived by the Chair- ment authority, the Chairwoman shall take BusinessLiNC and the Program for Re-In- woman. all reasonable steps necessary to notify vestment in Micro entrepreneurs.

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.066 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12355 General oversight of programs targeted to- termines that such access or attendance is woman, after consultation with the Ranking ward urban and rural economic growth as essential to the functioning of the com- Minority Member, shall designate one-third well as general federal government entrepre- mittee. of the budget under the direction of the neurial development programs; oversight of The procedures to be followed in granting Ranking Minority Member for the purposes agricultural issues; and oversight of energy access to those hearings, records, data, of minority staff, travel expenses of minority issues. charts, and files of the committee which in- staff and members, and minority office ex- Subcommittee on Investigations and Oversight volve classified information or information penses. deemed to be sensitive shall be as follows: (B) The Chairwoman may authorize travel Oversight of SBA Administration, Manage- (A) Only Members of the House of Rep- in connection with activities or subject mat- ment, and Agency Practices. resentatives and specifically designated com- ters under the general jurisdiction of the Oversight of activities by the Office of the mittee staff of the Committee on Small Committee. Inspector General at SBA. Business may have access to such informa- (C) The Ranking Minority Member may au- 12. COMMITTEE STAFF tion. thorize travel for any minority member or (A) Majority Staff: The employees of the (B) Members who desire to read materials minority committee staff member in connec- committee, except those assigned to the mi- that are in the possession of the committee tion with activities or subject matters under nority as provided below, shall be appointed should notify the clerk of the committee. the general jurisdiction of the Committee. and assigned, and may be removed by the (C) The clerk will maintain an accurate ac- Before such travel, there shall be submitted Chairwoman. The Chairwoman shall fix their cess log, which identifies the circumstances to the Chairwoman in writing the following remuneration, and they shall be under the surrounding access to the information, with- at least seven calendar days prior: (a) The general supervision and direction of the out revealing the material examined. purpose of the travel; (b) The dates during Chairwoman. (D) If the material desired to be reviewed is which the travel is to occur; (c) The names of (B) Minority Staff: The employees of the material which the committee or sub- the States or countries to be visited and the committee assigned to the minority shall be committee deems to be sensitive enough to length of time spent in each; and (d) The appointed and assigned, and their remunera- require special handling, before receiving ac- names of members and staff of the com- tion determined, as the Ranking Minority cess to such information, individuals will be mittee participating in such travel. Member of the committee shall determine. required to sign an access information sheet At the conclusion of such travel, a sum- (C) Subcommittee Staff: The Chairwoman acknowledging such access and that the indi- mary of the activity and its accomplish- and Ranking Minority Member of the full vidual has read and understands the proce- ments shall be provided to the Chairwoman committee shall endeavor to ensure that suf- dures under which access is being granted. within ten calendar days. ficient staff is made available to each sub- (E) Material provided for review under this 19. COMMITTEE WEBSITE committee to carry out its responsibilities rule shall not be removed from a specified The Chairwoman shall maintain an official under the rules of the committee. room within the committee offices. Committee website for the purpose of fur- 13. POWERS AND DUTIES OF SUBCOMMITTEES (F) Individuals reviewing materials under thering the Committee’s legislative and Each subcommittee is authorized to meet, this rule shall make certain that the mate- oversight responsibilities, including commu- hold hearings, receive evidence, and report rials are returned to the proper custodian. nicating information about the Committee’s to the full committee on all matters referred (G) No reproductions or recordings may be activities to Committee members and other to it. Subcommittee chairmen shall set made of any portion of such materials. Members of the House. The Ranking Minor- (H) The contents of such information shall meeting and hearing dates after approval of ity Members may maintain a similar website not be divulged to any person in any way, the Chairwoman of the full committee. for the same purpose, including commu- form, shape, or manner, and shall not be dis- Meetings and hearings of subcommittees nicating information about the activities of cussed with any person who has not received shall not be scheduled to occur simulta- the minority to Committee members and the information in an authorized manner. neously with meetings or hearings of the full other Members of the House. (I) When not being examined in the manner committee. described herein, such information will be 20. VICE CHAIR 14. RECORDS kept in secure safes or locked file cabinets in Pursuant to House Rules, the Chairwoman The committee shall keep a complete the committee offices. shall designate a member of the majority record of all actions, which shall include a (J) These procedures only address access to party to serve as Vice Chairman of the Com- record of the votes on any question on which information the committee or a sub- mittee. The Vice Chairman shall preside at a record vote is demanded. The result of each committee deems to be sensitive enough to any meeting or hearing during the tem- subcommittee record vote, together with a require special treatment. porary absence of the Chairwoman. If the description of the matter voted upon, shall (K) If a member of the House of Represent- Chairwoman and Vice Chairman are not promptly be made available to the full com- atives believes that certain sensitive infor- present at any meeting or hearing, the rank- mittee. A record of such votes shall be made mation should not be restricted as to dis- ing member of the majority who is present available for inspection by the public at rea- semination or use, the member may petition shall preside at the meeting or hearing. sonable times in the offices of the com- the committee or subcommittee to so rule. f mittee. With respect to information and materials The committee shall keep a complete provided to the committee by the executive MILITARY SUCCESS IN IRAQ record of all committee and subcommittee branch, the classification of information and COMMEMORATION ACT OF 2007 activity which, in the case of any meeting or materials as determined by the executive The SPEAKER pro tempore. Under a hearing transcript, shall include a substan- branch shall prevail unless affirmatively previous order of the House, the gentle- tially verbatim account of remarks actually changed by the committee or the sub- made during the proceedings, subject only to committee involved, after consultation with woman from Texas (Ms. JACKSON-LEE) technical, grammatical, and typographical the appropriate executive agencies. is recognized for 5 minutes. corrections authorized by the person making (L) Other materials in the possession of the Ms. JACKSON-LEE of Texas. Mr. Speaker, the remarks involved. committee are to be handled in accordance today I introduced legislation, with the support The records of the committee at the Na- with the normal practices and traditions of of a number of my colleagues, entitled the tional Archives and Records Administration the committee. ‘‘Military Success in Iraq Commemoration Act shall be made available in accordance with 16. OTHER PROCEDURES of 2007.’’ This legislation is borne from my rule VII of the Rules of the House. The The Chairwoman of the full committee Chairwoman of the full committee shall no- deeply held belief that we must commend our may establish such other procedures and tify the Ranking Minority Member of the military for their exemplary performance and take such actions as may be necessary to full committee of any decision, pursuant to success in Iraq. This legislation recognizes the carry out the foregoing rules or to facilitate clause 3(b)(3) or clause 4(b) of rule VII of the extraordinary performance of the Armed the effective operation of the committee. House, to withhold a record otherwise avail- Forces in achieving the military objectives of able, and the matter shall be presented to 17. AMENDMENTS TO COMMITTEE RULES the United States in Iraq, encourages the the committee for a determination of the The rules of the committee may be modi- President to issue a proclamation calling upon written request of any member of the com- fied, amended or repealed by a majority of the people of the United States to observe a mittee. the members, at a meeting specifically called for such purpose, but only if written national day of celebration commemorating 15. ACCESS TO CLASSIFIED OR SENSITIVE the military success of American troops in INFORMATION notice of the proposed change has been pro- vided to each such member at least 3 days Iraq, and provides other affirmative and tan- Access to classified or sensitive informa- before the time of the meeting. gible expressions of appreciation from a grate- tion supplied to the committee and attend- ance at closed sessions of the committee or 18. BUDGET AND TRAVEL ful Nation to all veterans of the war in Iraq. its subcommittees shall be limited to mem- (A) From the amount provided to the Com- Mr. Speaker, as lawmakers continue to de- bers and necessary committee staff and sten- mittee in the primary expense resolution bate U.S. policy in Iraq, our heroic young men ographic reporters who have appropriate se- adopted by the U.S. House of Representa- and women continue to willingly sacrifice life curity clearance when the Chairwoman de- tives for the 110th Congress, the Chair- and limb on the battlefield. Our troops in Iraq

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00115 Fmt 7634 Sfmt 9920 E:\CR\FM\A31OC7.069 H31OCPT1 cnoel on PRODPC60 with HOUSE H12356 CONGRESSIONAL RECORD — HOUSE October 31, 2007 did everything we asked them to do. We sent those heroes from Houston, Texas who have about is the SCHIP legislation which them overseas to fight an army; they are now lost their lives wearing the uniform of our has 43 of our Nation’s Governors sup- caught in the midst of an insurgent civil war country. To date, the U.S. Department of De- porting it, 273 Members of the House of and continuing political upheaval. The United fense has confirmed 3838 casualties in Iraq. It Representatives, 68 Senators, and 81 States will not and should not permanently is humbling to recognize how lucky we are to percent of the American public. prop up the Iraqi government and military. live in a Nation where so many brave young What the President does not realize U.S. military involvement in Iraq will come to men and women volunteer knowing they may any more is there is a coequal branch an end, and, when U.S. forces leave, the re- be called upon to make the ultimate sacrifice of government functioning here. The sponsibility for securing their nation will fall to so that their countrymen can enjoy the bless- President also said we have been wast- Iraqis themselves. However, whether or not ings of liberty. The intent of my legislation is ing time. This perception of Congress my colleagues agree that the time has come to pay fitting tribute to these great men and failing is not something that is done by to withdraw our American forces from Iraq, I women and to let them know they will not be chance. It is done on message. Many believe that all of us in Congress should be of forgotten. Members know that a former Speaker one accord that our troops deserve our sin- Mr. Speaker, I would like to urge all of my of this House, Newt Gingrich, when he cere thanks and congratulations. colleagues to join me in recognizing the efforts talked about how to take control of I very strongly believe that our Nation has a of our brave men and women in uniform and this House, talked about the only way moral obligation to ensure that our veterans to ensure that they can successfully transition to do so was to destroy the credibility are treated with the respect and dignity that to civilian with dignity. I urge my colleagues to of this institution and to pull Congress they deserve. One reason we are the greatest cosponsor this important legislation. down. Make no mistake, there is very much Nation in the world is because of the brave f an idea here of obstructionism, but I young men and women fighting for us in Iraq ACCOMPLISHMENTS OF THE 110TH want to be very clear: What the Presi- and Afghanistan. They deserve honor, they CONGRESS dent talks about wasting time is things deserve dignity, and they deserve to know that like ensuring the richest, most pros- a grateful Nation cares about them. The SPEAKER pro tempore. Under The legislation that I introduced today, the the Speaker’s announced policy of Jan- perous nation on Earth provides health Military Success in Iraq Commemoration Act uary 18, 2007, the gentleman from Flor- care for its most vulnerable citizens, its children. The measure of this soci- of 2007, pays fitting tribute to the valor, devo- ida (Mr. KLEIN) is recognized for 60 ety, if it cannot be by what we are will- tion, and heroism of those who fought in Iraq. minutes as the designee of the major- ing to do for our children, I am not First, this legislation provides an express ac- ity leader. sure there is another measure. And as knowledgment by the Congress that the objec- Mr. KLEIN of Florida. Mr. Speaker, we consider ourselves a great Nation, tives for which the Authorization for Use of it is a pleasure to be here this evening of which we are, the idea that this Military Force (AUMF) resolution of 2002 au- along with my colleagues from our President would use the idea of fiscal thorized the use of force in Iraq were achieved freshman class. It is Halloween, and we conservativeness, after spending tril- by the Armed Forces of the United States, are happy to be here. We know that our lions and trillions into debt, and wast- which performed magnificently in battle. It spe- friends and neighbors are celebrating the holiday with their families, but we ing, as you heard one of our previous cifically recounts several notable achieve- colleagues speak about, money that ments of the Armed Forces in Operation Iraqi are going to talk about a little trick or treat, if you will, tonight. In addition, disappeared, the money that has dis- Freedom. appeared in Iraq and the waste on the In addition, this legislation authorizes the we are going to talk about some things contractors alone would pay for this President to issue a proclamation calling upon that tie into a little bit of a Halloween bill. And this President asked us not to the American people to observe a national day theme and what is important in Amer- ica right now. Back on the streets and ask those questions. of celebration commemorating the Armed Well, if he thinks that looking for back in the homes of the families that Forces’ military success in Iraq. This will help fraud, waste and abuse is wasting time, are very, very concerned about our ensure that the Iraq War does not suffer the I guess his definition is correct. I would country and the opportunities that fate of other open-ended engagements like say it is our constitutional authority. the Korean War, which is often called the their children have, taking care of Making college more affordable for ‘‘Forgotten War.’’ The soldiers who have their parents and grandparents, these middle-class Americans, making home- served valiantly in Iraq deserve to be recog- are things that we recognize as all ownership a reality based on fair lend- nized and lauded when they return home. Members of Congress, Democrats and ing practices, not predatory lending Mr. Speaker, this legislation also authorizes Republicans, that we have a responsi- practices. And making sure we care for funds to be appropriated and awarded by the bility to work with our businesses and our veterans and for our soldiers. Secretary of Defense to State and local gov- our community leaders and our fami- Those are the things that this Demo- ernments to assist in defraying the costs of lies to make sure that we make life a cratic Congress came here to do. We conducting suitable ‘‘Success in Iraq’’ home- little bit better. face massive opposition from a Presi- coming and commemoration activities and in Before I get into some of the details, dent who never even uttered the word creating appropriate memorials honoring those I am going to yield to the president of ‘‘veto’’ in his first 6 years, but now ut- who lost their lives in the war. Many of the our freshman class, the gentleman ters it every single day on legislation casualties in the Iraq War come from small from Minnesota (Mr. WALZ). that will improve this country. So I am towns and villages in rural or economically de- Mr. WALZ of Minnesota. Mr. Speak- proud to be part of this new class and pressed areas. The local governments are al- er, it is a pleasure to be here tonight I am proud to be part of this movement ready facing substantial fiscal pressures and with these great legislators to do sev- to once again reassert our authority on need help coming up with the necessary eral things. One is to reiterate the re- this. funds. sponsibilities of the first branch, arti- The President’s definition of wasting Finally, my legislation creates a program cle I of the Constitution, the House of time is this country’s business that we and authorizes funds to be appropriated pur- Representatives and the Senate as co- are doing. He simply dislikes it be- suant to which the Secretary of Veterans Af- equal branches of our government, and cause, as we all here agree, the Presi- fairs shall award to each veteran of Oper- also to highlight by the use of finally dent has a very different reality of ations Iraqi Freedom and Enduring Freedom a reinstating after 6 years of capitula- what makes a great Nation. We would grant of $5,000 to facilitate the transition to ci- tion to the administration, finally il- argue a great Nation is one that is vilian life. We don’t want veterans to end up lustrating to the American people what founded on those principles that were homeless or unemployed or unable to take can be done when there is a coequal so critically important to the founding their kids on a vacation or start a business. branch of government. of article I of our Constitution which This $5,000 bonus is but a small token of the As my colleague from Florida was my colleague is shortly going to dis- affection the people of the United States have speaking about Halloween, our children cuss. I yield back, and I look forward for those who risked their lives so that we may are home celebrating Halloween. And to a lively conversation here about the continue to live in freedom. the President was very clever today real progress that is being made. Mr. Speaker, outside my office there is a when he talked about a bill that he saw Mr. KLEIN of Florida. I thank the poster-board with the names and faces of disguised as a trick. This bill he talked gentleman from Minnesota. I think you

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.054 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12357 have provided great leadership for all And we will come back to SCHIP. It And that’s why it’s so important that of us in our freshman class. We are is a bipartisan supported bill written we focus not just on what we do here freshmen now for 9 months. by Democrats and Republicans, and it but why we’re doing it and the fact As you said, what the President cat- is a wonderful bill. But before we get to that we are actually realizing the di- egorizes as wasting time and the no- SCHIP, I want to turn it over to Mr. rection and the decisions made by tion that nothing is getting done, well, YARMUTH of Kentucky to talk about those great men 220 years ago when there are some things that are getting what our democracy is all about and they formed this Constitution that de- done. Most importantly, there are how this balance of power needs to termines how we operate in this coun- some things that are on the brink. We come through. try and that has served this country so will talk about a couple of those b 1830 well for so long. things. So I look forward to the next few Before I turn it over to the gen- Mr. YARMUTH. Mr. Speaker, I thank minutes of discussion, and once again, tleman who is going to talk about the the gentleman from Florida, and it’s a I’m so proud to be here talking about balance of power and how we are going pleasure to be here with my distin- how we’re putting article I to use for to get to where we want to go here, be- guished colleagues from the class of the benefit of the American people. cause that is the American value of our 2006 talking about the issues that con- Mr. KLEIN of Florida. Mr. Speaker, I democracy, I am going to list a few of front this Congress and this Nation and just want to thank the gentleman from the items that we have passed in this also some of the issues that we have in Kentucky for really highlighting the Congress with Democrats and Repub- dealing with the basic functioning of importance of article I. I mean, it’s licans, Democrat leadership but Repub- government, which is one of the rea- something we all went to elementary licans coming together, many of them, sons we’re here tonight. school and middle and high school and and the President signed them. A cou- And I’m so happy that my colleague learned about our Constitution, but it ple of things that are very, very impor- from Minnesota mentioned the Presi- is that balance of power that really tant, I know many of these subjects dent’s statement that we were wasting sets our country out from any other were talked about in our campaigns. time and doing many of these things. I country in the world, any other democ- Many people said 9/11. The 9/11 Com- can only think when I heard him make racy. mission Report, a thorough report that that statement, did he really think And I know the gentleman from New unfortunately most of it was not that maybe the Founding Fathers were Hampshire has also taken a real lead in adopted. It has been adopted by this wasting their time when they wrote explaining and talking about the appli- Congress in full and paid for. the Constitution? Because the first cation of this and how the abuses have I come from an area in Florida where thing they did when they wrote the just been out there. So, if the gen- we have ports, two major seaports in Constitution was write article I, which tleman from New Hampshire (Mr. my district, and many airports. Many established the Congress of the United HODES), would share some of your of you from all over the country have States and vested all legislative powers thoughts with us. the same thing. It’s now fully funded. in the Congress of the United States, Mr. HODES. Mr. Speaker, I thank the We are making sure that the cargo is not some of them, not those dealing gentleman for yielding. I’m very glad screened and all of the cargo, whether with certain subjects, but all of them to be here on this Halloween night. I’d seafaring or air, is moving along. in the Congress of the United States. like to think this is a treat for us, a PAYGO. We all believe in strong fis- And the reason they did that was treat for those who are listening to us cal management. You only pay as you simple. They had escaped. They had re- or watching on television and in the go. No more guessing we are going to volted to escape a dictatorial form of country, although lots of folks are have all this money in the future. No government when one person was the probably out with their kids trick-or- more taking the war and not even decider. We’ve had one person who treating tonight. counting it against the national def- thinks he’s the decider in the White But it is an absolute honor to be here icit. We now have a standard that was House, and we’ve had members of both with the Members of the class of 2006, passed unanimously in this Congress. parties who have been in the White and many of us are wearing article I You can only spend what you have, just House and felt that they were the de- buttons. And the importance of those like you balance your books at home. ciders, but that’s not what the Found- buttons is to raise the awareness in We made ethics and lobbying a re- ing Fathers envisioned. Congress and around the country about form priority. We now have gift bans. I They envisioned a representative de- the importance of the checks and bal- don’t need a cup of coffee from a lob- mocracy in which people that they sent ances in our system of government. byist. I can buy my own cup of coffee. to decide how the government would We spoke last week about some of It is a standard everybody should have, affect their lives would make those de- these issues, and I was flooded with and now it is in place. cisions, and that’s why they put article calls not just from my constituents but We passed America COMPETES I first. That’s why they created the ex- from people around the country thank- which is an innovative agenda sup- ecutive branch in article II of the Con- ing us for talking about the checks and ported by Chambers of Commerce all stitution, and that’s why when we act, balances in our system and explaining over the country, putting our priorities whether it’s to provide health insur- in as clear a way as we could the im- first in math and science and making ance for kids, whether it’s to provide portance of our system of government sure the high-tech jobs will stay here. resources for water projects through- and why the Founding Fathers put We have lower interest rates for edu- out the country, whether it’s to pro- Congress first. cation. We all know the importance of vide for the Defense Department for Many people think that Congress is a college education is crucial. Every our soldiers, our brave men and women three coequal branches of government. one of these bills I have ticked off so fighting overseas, for our veterans, Many people think that the President far, I have listed so far, were passed by whether it’s when we try to create a and the House of Representatives and this Congress and signed by the Presi- new energy policy for this country, the Senate somehow are coequal when dent. We are very, very proud of that. when we try to provide a sound and actually the Congress, in article I of Again, we have to talk about it. high-quality education for everyone in our Constitution, as the people’s There is a water resources bill for this country, that we’re doing it pursu- House, as the voice of the people, is those with water projects. In my area, ant to the powers, and not just the given preeminence. it is the Everglades. Many have pol- powers but the responsibilities that the It is the Congress that makes the luted rivers and lakes and water issues. Founding Fathers vested in this very laws, not the President. The President That bill was passed overwhelmingly body. doesn’t make the law. He’s got to fol- by the Congress. It is on the Presi- So, when the President says we’re low the law that Congress makes. It is dent’s desk. He has said he may veto it. wasting time, I would beg to differ, be- the Congress that raises the money to If he does, that may be the first bill cause if we’re wasting time, then the run government, to fill the programs, that gets overridden because I think Founding Fathers wasted time when and Congress that spends the money we there are enough votes. they wrote the Constitution. raise. It is Congress that has the power

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.136 H31OCPT1 cnoel on PRODPC60 with HOUSE H12358 CONGRESSIONAL RECORD — HOUSE October 31, 2007 to assess taxes, levy taxes. It is Con- power and Presidential power is alive This House needs to assert its power, gress that has the power to declare war today. It’s going on right now, and it’s and one of the areas where it’s been and only Congress that has the power of vital importance to the future of doing it, particularly in the Govern- to declare war. this country as we decide whether we ment Reform Committee which Mr. And these days, as we contemplate are a Nation of laws or a Nation of WAXMAN chairs, and looking into ac- very difficult issues of war and peace in men. tions of this administration is also the the Middle East, our involvement in Mr. KLEIN of Florida. Mr. Speaker, I Judiciary Committee, where I’m Iraq and around the world, those pow- thank the Congressman from New blessed to be a member with Chairman ers, the war powers of Congress, versus Hampshire. I think you bring up some- JOHN CONYERS. We’ve had the oppor- the powers asserted by this President thing that although back home when tunity to look into the Justice Depart- have come into sharp focus and occa- people are thinking about these issues, ment, which Mr. HODES brought up. sional sharp contrast. I believe that they don’t necessarily think about the The Justice Department we found has we’re going to see in the days ahead battle between the President and Con- politicized that office to the extent those kinds of debates in this people’s gress or the battle between the agency that it’s really embarrassing I think to House as we discuss who has the power head and Congress. us as members of the committee, Mem- to take this country into armed con- But I think the bottom line is what bers of us particularly who are attor- flict, who has the power to declare war you just said. It’s about the rule of law. neys and know what the attorneys and or not, are we at war. These are ques- I mean, every American accepts the judges are supposed to be in terms of tions that are going to be heard. fact we’re a Nation of laws, we live by being impartial in the way they mete There’s a very interesting example of the rule of law, and there’s nobody that out justice, and I think to the judiciary the clash between the assertion of gets excepted from that, whether it’s at large in this country. Presidential power, which we’ve seen someone who’s cleaning an office or The politicization of that office has here, and the real power that Congress whether it’s someone who’s an ac- been greater than I think at anytime has. Right now, as many of my col- countant or whether it’s the President in the history of this country. The leagues know, the House Judiciary of the United States. We’re equal, and cases that have been brought we have Committee, as well as the Senate Judi- it doesn’t have to mean somebody’s found have been based, oftentimes, on ciary Committee, is investigating. been elected or not. We’re all under the the politics of who the defendant is. These committees are investigating same law. I think that’s the bottom We had the discussion last week of whether there was something amiss in line of this whole consideration. the case in Mississippi where one gen- the way the United States Attorney’s I now would like to bring into this tleman was indicted and another gen- Office was run, whether there was po- conversation a colleague of ours from tleman was not investigated. The gen- litical interference with United States the freshman class, the gentleman tlemen did the same exact thing. They attorneys. And Congress, the Judiciary from Tennessee (Mr. COHEN). each guaranteed loans, which was legal Committee, has issued subpoenas. Mr. COHEN. Mr. Speaker, I appre- in Mississippi, to a justice, a Justice Subpoenas are the method by which a ciate the recognition. It’s a great Diaz of the Supreme Court. body that has the power to make wit- honor to be a member of this class and One gentleman made contributions nesses come issues a subpoena that a Member of this Congress. that guaranteed a contribution of says to a witness, you’ve got to come I can testify, having spent really a $65,000. Another gentleman guaranteed and testify under oath. And Congress lifetime in local and State government, contributions of $80,000. The gentleman has issued subpoenas to two members about the talent level that exists in who guaranteed the $65,000 was in- of the White House, who previously this class and, to be honest, this Con- dicted and tried in a Federal court. The were in the White House, Karl Rove gress. There are numerous people who gentleman that made the $80,000 con- and Harriet Miers. They have refused are committed to issues and have a tribution wasn’t indicted or even inves- to come to testify before Congress, and wealth of talent and knowledge, and tigated. a question arises. they put that to work on a daily basis They each loaned a home to Justice Congress can hold them in contempt to try to come up with the best solu- Diaz when he had family problems and and then ask the Justice Department tions for the American people for a new needed a new place to stay. They were to enforce that contempt, and right direction in this country. co-owners of the home, Mr. Scruggs now we’re looking at a new Attorney The gentlemen I’m with are four of and Mr. Minor. The one gentleman who General possibly for this country. He the leaders in this class and in this was the man that made the $65,000 loan was asked, this Attorney General who Congress. I really want to commend and was indicted was indicted for loan- was nominated by the President, he the gentleman from Kentucky (Mr. ing his home to the Supreme Court jus- was asked whether or not if Congress YARMUTH) for bringing this article I tice. The other gentleman wasn’t. holds these witnesses in contempt for issue to the fore. The op-ed written in What were the differences in the gen- not answering the subpoenas, would his the New York Times by Mr. Adam tlemen? Well, one man was one of the Justice Department refer the matter to Cohen really brought forth all the top ten contributors to John Edwards grand jury for criminal prosecution as points that Congressman YARMUTH for President, a Democrat. One man Federal law requires. Mr. Mukasey, the thought about when he brought this supported Democrats and trial lawyer nominee for the Attorney General, sug- campaign to our attention and the issues in Mississippi. He was indicted. gested that his answer would be no. freshman class adopted it. He was convicted the second time, and Now, this is not the law. That is not Article I does make it clear that Con- he’s spending now, started serving 11 the proper balance for Congress and the gress makes the laws and Congress is years in jail and was fined $4.5 million, President. He made, in addition, a star- where the power starts. It’s really sup- 15 times what was recommended. tling claim. He claimed, this is the pos- posed to be the strongest arm of gov- The other gentleman, man named sible Attorney General of the United ernment because it truly represents Dickie Scruggs, is also a trial lawyer. States, that the President of the the people, and this House has 435 He wasn’t even investigated. He did the United States could defy the law as it’s Members. Each Member in the history same exact thing. He donated a half a written in Congress if he believed that of this House, and there have been million dollars to Republican activity, it was his responsibility to defend the about 10,000 people who have served in a quarter of a million dollars to the country. That is a huge exception to this House over the history, have been Bush-Cheney reelection effort, and he, the rule that Congress’ laws are su- elected. Nobody, if there’s a vacancy, for whatever reason, may have nothing preme and it is Congress that makes gets appointed. In this place, not like to do with it, he happens to be the the law and the President is to follow the United States Senate or your State brother-in-law of one of our colleagues them. legislature, there aren’t any interim in the Senate, TRENT LOTT. So this issue, what is Congress’ appointments. Every person is elected So if you look at that case, and it’s power, what are the powers given to us by the people at home and they’re sup- hard for anybody to look at it and by article I and how we assert them, posed to represent those people, and I think that there wasn’t politically se- and the clash between congressional think it happens here. lective prosecutions, which makes

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.137 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12359 Lady Justice have to turn her eyes and lost our budget surplus, and, finally, real Democrats, real Republicans, and maybe shed tears at what’s happened we have restored a modicum of fairness they are saying even when Congress is in Mississippi. That’s happened in Ala- by giving an increase in the minimum right, it seems that they are not will- bama where a Governor was indicted wage, increases to kids going to col- ing to stand up to the President. and convicted of things that ordinarily lege, help with health care and work on I think some of the frustration is wouldn’t even be investigated. the environment. that on the war there has been no We’ve seen U.S. attorneys, Repub- I am very proud to be a Member of change by the President, despite the ef- licans, appointed by President Bush this Congress, this class and this Con- forts of many of us in Congress, and fired because they didn’t go after gress, and the differences you see are that’s a fact. Democrats or they didn’t go after vot- healthy and good. Rubber stamp Number two, there has been some ing actions that people in the Repub- shouldn’t exist in government. There sense that even when we are right here lican Party wanted pursued. should be healthy debate. The conflict in Congress, we are not willing to hold So oversight’s real important in the of ideas produces better ideas. That’s our ground. Judiciary Committee. We’ve seen it. why this Democratic Congress is so im- I want to address both of those. And the Justice Department, I mean, portant to the future of this country. First of all, on the war, the bottom that’s an area where Caesar’s wife Mr. KLEIN of Florida. We are very line reality is that the President of the should be beyond reproach. Every area proud to have the gentleman from Ten- United States has an immense amount of government should be beyond re- nessee as one of our colleagues and a of power. We have article I power, but proach, but justice first. Justice is sup- great contributor to the freshman he has executive power. Despite the posed to be blind, and justice has not class, particularly on accountability. fact that the people of this country been blind, and the work of Chairman There have been so many members of voted across the country from Vermont CONYERS and his staff and the members our class that came in with the criti- to Ohio to Pennsylvania to California of that committee exposed much of cism of our campaigns that we had and chose a new Congress, and a clear that. heard from so many people back home, message of that election and decision This Congress has done a lot of good. who is the check and balance? Who is by the people was that we wanted a The idea that Mr. YARMUTH brought up minding the store? What happened to new direction in Iraq, the President ig- from the President where he suggested that $8 billion of cash that disappeared nored that election. we’ve been wasting time, that’s ridicu- on the streets of Iraq? What’s with He then ignored that March vote of lous. The fact he’s tried to veto bills or Blackwater? What’s with all these the House of Representatives where we has vetoed bills and threatened vetoes kinds of things? Who is checking put a date certain on ending the war, shows we’ve been doing some things what’s going on here? August of 2008. Think about where we that are effective and good. You know, it’s one thing to say you would be and what kind of optimism we are going to run things like a business, would have in this country if that leg- b 1845 it’s another to do it. Businesses have islation was signed by the President in- The minimum wage should have hap- known checks and balances, share- stead of vetoed. pened years ago. We finally got a min- holders, managers, things like that. Then the President, of course, dis- imum wage. The people at the bottom Unfortunately, it wasn’t happening missed the advice of retired generals of the economic ladder needed that with this government. It’s now chang- who are critical of the war, and, of step up. We passed the minimum wage. ing. course, paid no attention whatsoever People that need a step up and to I am very proud of you and the oth- to the Iraq Study Commission. I have start college educations, they got Pell ers. I am very proud to have another come to the conclusion that the Presi- Grant increases, they got the cost of gentleman with us, the gentleman from dent is not at all going to bend, no their loans reduced so they won’t be Vermont, who has been at the forefront matter what, and we have to be willing saddled with high interest rates in the of the committee itself, working with to fight that battle with him day in future on their loans. To help kids get Mr. WAXMAN. I know you have been and day out. a start and go to a college and to not, very vocal on these issues, so I am Second, on the priorities, there is when they get out, have a tremendous going to turn it over to the gentleman, good news. I mean, this House, often- debt to pay back is important. To be Mr. WELCH, from Vermont. times with a bipartisan vote, has shift- able to have Pell Grant money to give Mr. WELCH of Vermont. Thank you. ed the priorities to middle-class needs. them a better start is important. These I really think that everything that the The minimum wage was raised. The are two of the best initiatives that I gentleman from Tennessee said is student loan cost of interest was cut in think we have seen. right. half. Prescription drugs are going to be When I was a State Senator I worked The question that I ask myself at negotiated, price negotiations so we on college scholarships, and I worked times is how is it, if we have been can lower the cost, make it more acces- on minimum wage. I am happy to be in doing a good job and accomplishing the sible to seniors, less costly to tax- a Congress that have seen both of them things that you recited, so many of the payers. effectuated and made a change. American people think we are not All of this we did by returning to We have looked at global warming, doing much at all, or we are doing a pay-as-you-go principles, so we are not we have passed some bills that require bad job? That is a sentiment that a lot going to bankrupt future generations. renewable energies, and we have looked of folks have. It’s in conflict, in my The largest increase in the veterans at bills that will help clean up our en- view, with many of the concrete things budget in the history of the country. vironment, which is definitely in jeop- that we have done here in the House. All of that is important. It reflects ardy. And we have looked at the budg- I will tell you what I think it is. that we are actually walking the walk et. We have put our future generations Back in Vermont, people are asking of trying to change priorities. It’s not in debt, this administration and this me, when are we going to the stop the getting out into the public either be- Congress, by spending, spending, spend- war, and when are we going to change cause it can’t get through the Senate ing, not having a PAYGO bill. the priorities of this country so that or it gets vetoed by the President. The future of this country is in jeop- we are standing up for the needs of av- We are going to be talking, I guess, a ardy because of the recklessness of the erage, middle-income families and not little bit about children’s health care. past Republican Congress and this just the wealthy, not just corporations But that’s an example where it was the President for spending too much who can get legislation passed. right thing we did to insure 10 million money, sacrificing our goodwill over- They are also asking the question kids in this country. The President ve- seas with a foreign policy that has been that Mr. YARMUTH has presented in toed it. We made some minor adjust- reckless after we had a President in very stark form, when are we going to ments, not nickel and diming about Bill Clinton who had a balanced budg- reassert our own constitutional au- which kids we take off of health care, et, a surplus, in fact, and the respect of thority and be willing to stand up to passed it again, and we will be sending the world for this country. We have the President? I am hearing from peo- it back to the President. I think that’s lost the respect of the world, we have ple in my State, really good people, the type of thing that we need to do.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.138 H31OCPT1 cnoel on PRODPC60 with HOUSE H12360 CONGRESSIONAL RECORD — HOUSE October 31, 2007 But I also do believe that any time Article I states, all legislative power bringing people in by subpoena or ask- this Congress has an opportunity to herein granted shall be vested in the ing them to come in and talk, it’s to hold its ground and essentially em- Congress of the United States. Part of learn from your mistakes. brace and accept the responsibility that power is, of course, passing laws It’s a very simple principle. What do that the Constitution gives this Con- and, of course, all of you, my fine col- we teach our children? Learn from gress under article I, we have to do it, leagues, have made it clear that we your mistakes. What do you do in busi- whether it’s on war funding, when we have been productive, we have been ness? You want to learn from your mis- believe we are right, we have to be able busy, we have been putting up the takes. That, of course, is what the to weather the storm; whether it’s on fight, and we have been passing legisla- whole purpose of this is. If we see budgets that are going to get vetoed tion that this President should sign something has gone wrong, account- when those budgets reflect the bipar- and, in fact, in many cases has signed. ability, some bad business practices tisan consensus in this body that they But we have also done something else that the government is involved with meet the needs of average people, and which I am proud of, and that is pro- or paid for something they shouldn’t that they comply with our obligation vided oversight. We have subpoenaed have paid for, let’s not let it happen to pay our bill as we go. people and made them come to these again. That’s the simple bottom line. There is good news, but we also have hearings. We have asked people the I would like to shift, because many of to acknowledge that there is much questions, the tough questions, and our Members are interested—thank more fighting to be done, and that it’s made them give forth the right answer. you, Mr. HODES, otherwise known as time for us in the right circumstances Why, on the Judiciary Committee Vanna White—Mr. HODES is holding up to hold our ground, to be willing to just this week, we had Mr. TANNER, a little poster here which talks about weather the storm of criticism that who is the section chief of the voting the children’s SCHIP plan. The SCHIP will come from the White House ma- section. He offered the opinion that, plan, as I think everyone is now famil- chine and to stand up for that change actually I wish I had it written down, iar with, or many people are in our and direction that I believe the people because I don’t want to get it wrong, country, or certainly Members of Con- of this country voted for in November. but he offered the opinion that voter gress are, it’s about making sure that I thank the gentleman from Florida. ID bills may affect seniors because children, low-income children can par- Mr. KLEIN of Florida. And thank they live longer, but when it comes to ticipate in a health care plan that’s you, Mr. WELCH. It really was very well minority seniors they die, so it doesn’t private health insurance. explained and easy to follow. I think really matter for them. Chairman CON- It makes the parents pay on a sliding what people in this country respect is YERS issued that request for him to scale what they can afford. It leverages the fight. The fight is good, but at the come to that committee, and we asked tax dollars. It does everything it’s sup- end of the days, results. The President him questions about voting rights. We posed to do. Our business community has made it very difficult, unfortu- asked him about how that department back home in my area loves it. It’s nately. He has been unwilling to come was being run. We asked him the tough very popular because instead of kids out of his corner. A lot of alternatives questions that Americans expect us to going to the emergency room, they are have been offered on the war, a lot of ask. going where they should go, and that is alternatives have been offered on But that’s not all. Chairman NADLER to get doctor and preventative health SCHIP which we are going to talk of the committee has had constitu- care. about in a minute, a lot of alter- tional hearings, and we have had peo- We have had a bipartisan plan that natives. ple come in and talk about important has now been passed twice out of this As we have talked about already, issues, and, of course, Representative chamber, and the President vetoed it there have been a lot of accomplish- COHEN has been there as well, on Guan- one time, and I guess he is going to ments, student loans, minimum wage, tanamo, on habeas corpus. These are veto it again, but bipartisan, Demo- people competing in business. We have the kinds of things that Americans are crats and Republicans coming to- had a lot of good things so far which concerned about because America will gether, not everybody, but all the the President has signed, which is never be a place where we give up on Democrats, I think, just about all, and good. But there is more to do. We need our constitutional protections and our many Republicans. to get him sort of out of the view that civil liberties. In the Senate, I think the Repub- it’s him versus the Congress, or his ide- I just want to say that I am so proud licans are the ones who helped draft ology versus the rest of the country. to be a Member of this freshman class this. It really brings it together. A People want consensus. They want so- that is not only passing legislation, not quick little fun thing on Halloween lutions. only standing up for its right as a co- here, it talks about the trick-or-treat I would like to turn to Mr. Solution equal branch of government, but is and the Republican plan, we are just himself here, because Mr. ELLISON from calling people on the carpet and asking sort of joking around a little bit, but Minnesota has really totally been the tough questions as it is our job to we are calling it the trick, and the bi- bringing a lot of consensus on a whole do. The American people expect us to partisan plan the treat. lot of issues, from our foreign policy say, What’s going on? Tell us what’s The Republican plan, which we are issues to our domestic issues. I want to going on. What have you done? Why calling the trick, covers 8.3 million bring you into this conversation and have you done it? children. The treat, the plan that most please add some value to it. That is our job, and we will continue of us are pushing, Democrats and Re- Mr. ELLISON. Thank you, Congress- to do it, because we don’t work for any- publicans, covers 10 million. This is an man KLEIN. Whether it be from Colo- body but for the American people. Not additional number of children that we rado to Vermont, from Kentucky to the judiciary. Not the executive believe are part of this plan that we Tennessee, to Minnesota, to Florida, no branch. We are enshrined in article I of want to get covered. matter where we come from, this fresh- the Constitution, coequal branch of The targeting of low-income kids, in man class that we belong to is here to government, that branch of govern- the Republican plan it targets fewer stay and here to say, very clearly, that ment in which all vested power to leg- lowest-income children. In the Demo- we are reclaiming the coequal branch islate is inside of us. cratic plan, the one we just passed, it of this legislative body in our constitu- Mr. KLEIN, I want to thank you for enrolls the lowest-income kids first, a tional framework. We don’t have an- conducting yet another excellent fresh- goal that we all want to make sure other branch of government which we man hour. that we are covering. take orders from. We don’t have to Mr. KLEIN of Florida. Thank you, 1900 prove patriotism by servile behavior Mr. ELLISON. b towards the executive branch. We Just to follow up on the point, a And of course there is a cigarette tax stand up with doing our constitutional number of our colleagues have been in both plans, the exact same cigarette responsibility, and our only boss is the talking about the idea of oversight and tax to pay for it. The question though American people, not the President, accountability. Well, the simple an- is, if the same amount of money is not the courts. swer is not just for the exercise of being raised, why are we covering 10

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.139 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12361 million in the Democratic bipartisan until we change the direction of this tion most honorably. This President plan and we’re only covering 8.3 mil- Nation. And I’m happy to be part of a has decided when he had fiscally irre- lion in the Republican plan? Where’s class that is going to fight every day to sponsible budgets, we couldn’t balance the money going? So we obviously do the right thing for our constituents the VA budget, the President simply want to have the lowest taxes possible, and for the future of this Nation. made a great decision here. He cut off but we want to cover the most number And with that, I’ll yield back to my 400,000 veterans, sliced them off the of children. And I know that that’s friends from Florida or Minnesota or bottom by saying they don’t qualify. something that I know the president of New Hampshire, although he’s not my These could be combat veterans in my our class has been very interested in. friend, because I lost a bet on the Bos- district making $27,801. They are not I know that Mr. PERLMUTTER from ton Red Sox game. But I would yield injured in combat and they make too Colorado has joined us in our freshman back to my friends. much money. Well, all of us know class, has taken a lead in, and I know Mr. KLEIN of Florida. The Colorado that’s not going to buy you health in- your experiences in Colorado. Maybe Rockies were playing. That’s right. surance. you can share some of your thoughts We’re going to turn it back to the So this issue of SCHIP, this idea of on the SCHIP plan with our group here gentleman from Minnesota to get some trying to cover our veterans, what this in the Chamber today. thoughts on SCHIP and other things. President fails to realize is the values Mr. PERLMUTTER. And I thank my Mr. WALZ of Minnesota. I appreciate of the vast majority of people in this friend from Florida. This is a place it, and I appreciate the passion from Nation that sent this class to Congress where the Democrats and Republicans my friend from Colorado. And he’s ex- are not the ones he shares. And the have come together to look after kids actly right. When we came to this Con- talk of, we can’t afford this, while tell- from hardworking families across this gress with a debt that was sky- ing our Judiciary Committee and our country. This is not something that is rocketed, no accountability, a Presi- Oversight Committee that we can’t ask just given out, and it doesn’t make any dent who said he was the decider and a questions about no-bid contracts and fiscal sense or anything else. This is for Congress here that thought that their billions of dollars lost is unacceptable. people coming from hardworking fami- job was to just be an echo chamber for And it is unacceptable because it stops lies where the kids don’t have insur- this President, much has changed. Un- in this Chamber. We are here to rep- ance. And instead of going to the doc- fortunately, the President doesn’t real- resent the districts of the people that tors, which is the most fiscally prudent ize that yet, and that’s why we get a sent us here, and we have an obligation way for a kid to be treated, they have lot of gridlock that’s happened. by article I to fulfill those. to go to the emergency room, and at But the gentleman brought up some So this issue of SCHIP is not the the emergency room, then, we, the tax- very interesting points considering smoke and mirrors you’re hearing. It’s, payers, pick up the bill. It’s the most SCHIP and this idea of funding. I think bottom line, covering our children. The expensive form of medical care we that one of the issues that many of us issue of VA funding is simply, bottom could have. So it makes utter sense agree on here is fiscal responsibility is line, X number of veterans, X number that we provide insurance to 10 million an absolute priority because, unlike of costs this Nation should provide it. kids across this country from hard- the previous Congresses, we understand If you choose not to do that, then have working families so that they don’t that there will be a day of reckoning, the courage to tell the American peo- have to go to the emergency room, so and it will come for our children and ple you are more interested in a tax they can go to their doctor, get proper our grandchildren. And it’s putting cut to the top 1 percent than caring for treatment. But that just doesn’t seem this country in a position where I read children and veterans. But we won’t to be acceptable to the President of the an article here out of the Hong Kong hear that because this is about elec- United States. Standard talking about where places tions. This is about a vision of America Here we are wanting to bring change. around the world, when you would that extends to next November. We promised our constituents that we travel, and many of us have, where taxi This group gathered here tonight is were going to change the way this Na- drivers and store owners would take about a vision of America that extends tion’s being run, and one of those the U.S. dollars, they’re no longer tak- to the next generation, one that once places is providing insurance in a pru- ing that. They’re saying no because our again puts us in our rightful place. dent fashion for kids from hardworking currency is now seen as something So I couldn’t be more proud. The gen- families. But we have a President who that’s not as stable, a nation that’s in tleman from Florida has been a long- wants the status quo, does not want to debt, a nation that’s seen as a rogue time advocate of caring for those in assist the hardworking people in the nation to people. Those are the types of our society, the least fortunate, as well middle, and those are the folks that things that this administration did as making a fair society and growing make up my district. It’s not a rich mainly because of what Mr. YARMUTH opportunities. It’s what we’re all district. It’s not poor. Financially, it’s and the other members of this class about. The old used-up cliches don’t right down the middle and people are have said, we did not exercise our resonate with the public anymore. The struggling. And one of the first things right. old used-up cliches are nothing more to go when you’re putting food on the And as far as SCHIP goes, when we than a way to try and hold on to a po- table is insurance. And we want to create a budget, and we want to bal- litical ideology that is dead in this make sure that 10 million kids have ance this budget and we will, we under- country, and it’s time has passed. And that insurance in this country. We stand it’s far more than a fiscal docu- we are once again here to reassert that. passed it once; we passed it twice. This ment. It’s also a reflection of this Na- So with that, I yield back to my es- President says he’s going to veto it tion’s values and morals. And this teemed colleague from Florida and again. He’s about the status quo. He issue of trying to cover our children, look forward to the rest of our con- calls himself prudent fiscally, a fiscal and I’ve heard my Republican col- versation. conservative. Just the opposite, ladies leagues say this is an attempt to ex- Mr. KLEIN of Florida. Thank you and gentlemen, just the opposite. pand coverage, to make it socialized or very much, the gentleman from Min- So my friends, you know, we came nationalized medicine. nesota. here to change the direction of this Na- Well, my colleagues have no real plan We have a very, very special guest tion. We passed a stem cell bill which how to deal with this. They continue to today, an honorary member of our would have provided relief to millions pull this up. The bottom line here is freshman class, a senior Member of the of people across this country or hope the richest, most prosperous, greatest Congress, the gentlewoman from for them who have debilitating dis- Nation this Earth has ever seen is leav- Texas, Ms. SHEILA JACKSON-LEE, who’d eases. We passed the SCHIP bill for 10 ing children uncovered. But it gets like to join us and add something to million kids. worse than that. our conversation. But this President, he doesn’t want A Harvard study that recently came Ms. JACKSON-LEE of Texas. Well, change. He wants things as usual. He out shows one in eight of our veterans my first act is to give my greatest ap- wants Washington to run as usual. We are not covered by health care insur- preciation for this caring and vested are going to keep knocking on his door ance, those who have served this Na- freshman class, front liners, front

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.141 H31OCPT1 cnoel on PRODPC60 with HOUSE H12362 CONGRESSIONAL RECORD — HOUSE October 31, 2007 thinkers, front runners running toward deals with the whole idea of the fact AUMF resolution of 2002 authorized the use the next generation. I cannot thank that their mission is completed. We do of force in Iraq were achieved by the Armed you enough for joining this Congress it in a way to call it a military success. Forces of the United States, which performed with one mission, and that is that we And we know that there are many magnificently in battle; are, servants of America. other things that need to be done. But B. Recounts several notable achievements And I’ve asked today, officially, on what that does is it gives Congress the of the Armed Forces in Operation Iraqi Free- the record, to get that article I pin, power to make its own statement that dom; and to reemphasize the language that the initiative that we voted for, statu- C. Authorizes the President to issue a proc- my good friend has before him by just tory, the public law in 2002 that gave lamation calling upon the American people to holding up the Constitution and rein- powers is now being brought to an end, observe a national day of celebration com- forcing the language that all powers that we, as a Congress, are saying that memorating the Armed Forces’ military suc- herein granted shall be vested in the we applaud our military, and those re- cess in Iraq. This will help ensure that the Iraq Congress of the United States, which sources that are now being used for the War does not suffer the fate of other open- shall consist of the Senate and the war, $120 billion, can be used for ended engagements like the Korean War, House. SCHIP, can be used to fix Medicare. which is often called the ‘‘Forgotten War’’; And I just want to speak, somewhat I sat down with some seniors who D. Authorizes funds to be appropriated and weaving in to this idea of veterans and wanted us to fix the prescription part awarded by the Secretary of Defense to state the war in Iraq and why we have the D. They said, Can you help us? Can you and local governments to assist in defraying ability even to address that question of get back in there and help us to under- the costs of conducting suitable ‘‘Success in the Iraq war, because as my colleagues stand it? Iraq’’ homecoming and commemoration activi- know, there was never a constitutional And then of course, what it does, it ties and in creating appropriate memorials declaration of war. It was statutory. honors our soldiers. It dashes this honoring those who lost their lives in the war. That was in the fall of 2002 when, by whole cut-and-run, this whole accusa- Many of the casualties in the Iraq War come public law, we gave the President sim- tion of being nonpatriotic. from small towns and villages in rural or eco- ply an opportunity to negotiate and And so I thank my colleagues for let- nomically depressed areas. The local govern- then ultimately, if necessary, to use ting me present H.R. 4020 in conjunc- ments are already facing substantial fiscal force. tion with the recognition of article I. pressures and need help coming up with the So I raise the question, because Con- This bill was introduced today. I en- gress has, in some sense, been stifled necessary; and courage my colleagues to sign on. We E. Creates a program and authorizes funds by others not thinking the way the think that it has a very important American people have asked us to to be appropriated pursuant to which the Sec- statement as to the authority of the retary of Veterans Affairs shall award to each think and act, and that is to focus re- Congress and the responsibilities of the sources on veterans, on the domestic veteran of the Operations Iraqi Freedom and Congress to control a statute that it Enduring Freedom a grant of $5,000 to facili- agenda, and to be able to say that we gave powers, and seemingly the Presi- have, in essence, finished our job in tate the transition to civilian life. We don’t want dent is not willing to acknowledge that veterans to end up homeless or unemployed Iraq. the task and the job is well done on be- or unable to take their kids on a vacation or And so I wanted to offer to my good half of the United States Military in start a business. This $5,000 bonus is but a friends H.R. 4020 that the chairman of Iraq. We can do better, and I think the small token of the affection the people of the the Veterans Committee has joined me American people are waiting for the ar- United States have for those who risked their in offering, or introducing, which calls ticle I-ers to take charge so that we lives so that we may continue to live in free- itself the Military Success Act. And of can get back on our agenda of serving dom. course all eyebrows will be raised. the American public. Outside my office there is a poster board Sounds conflicted. But I thought and I thank you for giving me the oppor- thought about this, and I continue to tunity to join an important debate. I with the names and faces of those heroes hear the terminology, cut-and-run, not look forward to the article I pin. from Houston, Texas who have lost their lives willing to support the troops. So we And finally, I hope that the Amer- wearing the uniform of our country. It is hum- went to the Pentagon, and in this legis- ican public will get it, knowing that bling to recognize how lucky we are to live in lation we chronicle all of the successes the Congress has to have the authority a nation where so many brave young men and of the United States Military, in par- to go forward on their behalf. women volunteer knowing they may be called ticular in Iraq. We do it in Iraq and not This legislation, the ‘‘Military Success in Iraq upon to make the ultimate sacrifice so that Afghanistan because that’s an ongoing Commemoration Act of 2007,’’ recognizes the their countrymen can enjoy the blessings of mission. We know that there’s more extraordinary performance of the Armed liberty. The intent of my legislation is to pay fit- work to be done there. And we come to Forces in achieving the military objectives of ting tribute to these great men and women a conclusion, and I’ll just briefly read the United States in Iraq, encourages the and to let them know they will not be forgot- this: That the public law that we voted President to issue a proclamation calling upon ten. I request and welcome your support in on in 2002 authorized by the President the people of the United States to observe a making this message heard. to use military force against Iraq, it national day of celebration commemorating Mr. KLEIN of Florida. And I thank goes on to list the indicia or the points the military success of American troops in the gentlewoman from Texas. This is of that bill. And it concludes by saying, Iraq, and provides other affirmative and tan- exactly what this Congress is doing. according to that public law, we be- gible expressions of appreciation from a grate- It’s coming up with a lot of new ideas lieve that, in fact, all of this has been ful nation to all veterans of the war in Iraq. that need to be put out there, debated, achieved. A simple statement. It As I have stated many times, ‘‘when our he- discussed, and hopefully passed. And doesn’t follow up by saying, come roic young men and women willingly sacrifice I’d like to turn it back over to Mr. Ar- home. Of course, that’s what I would life or limb on the battlefield, the nation has a ticle I himself, the gentleman from suggest once you read a statement that moral obligation to ensure that they are treat- Kentucky. says all that you were asked to do, the ed with respect and dignity. One reason we Mr. YARMUTH. I thank the gen- United States Military, you’ve are the greatest nation in the world is because tleman, and I have a button for the dis- achieved it. And we finish this up by of the brave young men and women fighting tinguished gentlewoman from Texas, calling on America to have days of for us in Iraq and Afghanistan. They deserve and I look forward to giving it to her. proclamation and ribbons, and as these honor, they deserve dignity, and they deserve I thank her for endorsing the type of soldiers come home, unlike Vietnam, to know that a grateful nation cares about emphasis that we’re trying to place on that we actually have days of recogni- them.’’ this very important discussion of the tion for those soldiers. And ultimately My legislation, the Military Success in Iraq balance of powers in this country. it finishes, because I heard my distin- Commemoration Act of 2007, H.R. 4020 pays You know, there’s another element guished colleague speak of veterans, by fitting tribute to the valor, devotion, and her- to this whole question, a balance of giving these returning soldiers a $5,000 oism of those who fought in Iraq in the fol- powers, and it really is reflected in the stipend. lowing ways: debate over the SCHIP program. Be- Now, this does not leave out Afghani- A. Provides an express acknowledgment by cause while we debate, on the one stan soldiers. This really appeals or the Congress that the objectives for which the hand, the actual legislative powers and

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.143 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12363 how we might enforce those through fight in the media. We are at a dis- that was issued for them to come to the courts and so forth, there’s another advantage, but I hope it is discussions testify before the Congress. This Con- competition going on, and it’s the com- like this and people who are not afraid gress is looking at having a contempt petition that goes on in the media and to be outspoken and point out dishon- charge brought against them, which I in the public dialogue. And here is esty and deceit when they see it that think we should have done earlier. We where there is an inherent advantage will help us even the playing field in need to have a contempt charge for the executive branch. And I think terms of convincing the American peo- brought, and we need to have them be part of the reason why, over the last ple that not only does this Congress punished for their contempt of this few decades, the executive branch has have the power, by virtue of article I, Congress, which, in essence, is a con- been able to accumulate far more to make all legislative decisions, but it tempt of the American people and a power than the Constitution and the also has the moral foundation and the contempt of the Constitution and of all Founding Fathers envisioned was be- integrity to do what’s right for the things good that the American people cause it is much easier for the Presi- American people. stand for. dent of the United States to use the Mr. KLEIN of Florida. I thank the I am proud to be a member of this bully pulpit, as we call it, and domi- gentleman. class, to support SCHIP, for health nate time and the news media and the We are down to our last couple of care for children and for all Americans. television, and it’s much harder for the minutes, so I’m going to turn it over to Mr. KLEIN of Florida. I thank my Congress to do that since we are a body Mr. HODES and then Mr. COHEN if you colleagues for being here this evening. comprising 535 men and women. want to wrap it up. We do this once a week. We’re look- Mr. HODES. Thank you, Mr. KLEIN. ing forward to seeing you all next week b 1915 What we are talking about here real- and having this continuation of discus- But what’s interesting about it is ly is the moral compass of our Nation. sion. And, of course, we look forward to that when you use the bully pulpit and We have a stark choice before us. There working with everyone in this country when the President uses the bully pul- is a huge difference between what the to make sure that we resolve and come pit, you hope that he uses it in an hon- President values and what the Amer- to some successful conclusions on some est way, and, in fact, in this debate ican people value. of these issues that are so important to what we have seen is a performance To the President and his allies, $190 our country. that has actually been very insulting billion for a failed war is a necessity, f but $35 billion to give our kids access to the concept of a pulpit, I think, be- THE OFFICIAL TRUTH SQUAD cause what this President has done is to doctors is some kind of extrava- used his bully pulpit, his media access, gance. And that really talks about the The SPEAKER pro tempore (Mr. to deceive the American people about values that are at play here. Are we ELLISON). Under the Speaker’s an- what we are doing and what he intends going to value and speak up for the nounced policy of January 18, 2007, the gentleman from Georgia (Mr. PRICE) is to do. people of this country, or are we going For instance, he is constantly saying to let the President assert values that recognized for 60 minutes as the des- that the proposal, the legislation that we in this country don’t agree with be- ignee of the minority leader. Mr. PRICE of Georgia. Mr. Speaker, we passed would enable families mak- cause we value kids? Now, there is a President, a former it is indeed a great privilege and honor ing $83,000 a year to access the SCHIP President who really said it best be- to come back to the floor of the House program. No families making $83,000 cause we here in Congress are no longer and present some alternative views, were authorized to make it or, in fact, simply going to enable this President some views that I hope are more ever found access to the SCHIP pro- to take power which should not be his. grounded in truth as this is another gram. The only way that a family mak- We are going to reassert, in these con- edition of the Official Truth Squad. ing more than double the poverty level versations and in our conduct, the We’ve heard some interesting com- can get entrance and access to the power that rightfully belongs to the ments over the last hour and over the SCHIP program is if the executive Congress and to the people. Because as last few days and weeks and months. branch gives them a waiver. In fact, Abraham Lincoln said, when we were So, Mr. Speaker, it is indeed an honor the State of New York asked the Presi- engaged in the midst of a great civil to be designated by our leadership to dent for a waiver. He declined it. So for war that was to determine the fate of come and share some words with this him to then say under this program this country, he talked about govern- Chamber. people making $83,000 would be eligible ment of the people, by the people, and I would first comment about the rel- for SCHIP is not only not true, it is de- for the people. ative tone and the divisiveness of the ceitfully dishonest. And, actually, if That’s why we are here tonight. That language that we have just heard. It you talk about what he has done, he is why we were sent to Congress. To re- just astounds me that people think has the power, which we delegated to assert that this government is a gov- who come to Washington that our con- him, he has the power through the ex- ernment of the people, by the people, stituents want us to be divisive. When ecutive branch to waive some of these for the people. And while we are on this I go home, what I hear from folks is requirements. watch, it shall not perish, and we are that they want us to work together, And that goes back to the interesting going to stand up to this President and that they want us to work together thing about this entire debate. In 2004 we are going to have some checks and positively for solutions. So the class during the Presidential campaign, balances in the United States of Amer- warfare debate that we have just expe- President Bush actually campaigned ica. rienced over the last hour is truly re- for an expansion of the SCHIP pro- Mr. COHEN. Thank you, Mr. KLEIN. markable, as one Member talked about gram. He loved the SCHIP program. He I think when I first addressed this the spirit of Lincoln, a proud Repub- applauded it when he was Governor of group and, Mr. Speaker, I mentioned lican, and what he brought to our Na- Texas and he wanted to expand it. Now how proud I was to be a Member of this tion. A government of the people, by what does he do? Because it’s not a body and this class, and I think the the people, and for the people is what Congress dominated by his party, he people who have listened to this discus- he championed. He also championed an wants to change his perspective. He’s sion realize why I’m so proud to be a end to class warfare. So I would en- changed his perspective as to whether member of the class. The talent is here, courage my colleagues to read further the States should have waiving powers, as some people have State legislative in history and to expand their vision of which he wanted the States to have experience, some come straight from what it is that their constituents truly when the Congress was run by the Re- the private sector, and each brings a want. And as I mentioned, Mr. Speak- publicans. Now that Democrats control different perspective but a concern for er, my constituents, our constituents, I the Congress, he wants there to be Fed- the people and a concern for change think, want us to work together. eral standards which he controls. and direction of this country and for This is the Official Truth Squad. This So this is not just a battle of power the middle class. is a group of folks who come to the internally in the Congress and through Mr. HODES talked about Ms. Miers floor and have an opportunity to ad- the courts but also one that we have to and Mr. Rove not obeying the subpoena dress our colleagues and hopefully

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.144 H31OCPT1 cnoel on PRODPC60 with HOUSE H12364 CONGRESSIONAL RECORD — HOUSE October 31, 2007 bring, over the course of an hour, a lit- nounced they will now be taking Fri- but I suspect that, by and large, they tle brighter perspective, a little more days off. Apparently they were getting were unanimous. I will just take a wild upbeat perspective, a little more opti- worried their approval rating was get- guess, Mr. Speaker; I suspect that the mistic perspective, and, hopefully, a ting too high.’’ As I mentioned, Mr. vast majority of those were unani- little more truthful perspective be- Speaker, the approval rating for Con- mous. cause so often what happens on the gress is not great. So, 47 of the 107 bills signed into law floor of this House during the course of And that troubles me. It should trou- were naming post offices or roads or our debates is that the truth tends to ble all of us. It troubles me because I courthouses. Forty-four of the bills be swept away. And, again, that frus- think that what the American people were noncontroversial measures that trates our constituents. It frustrates are seeing when they look here to were either sponsored by Republicans my constituents, I know, when they Washington, when they look to the or they passed overwhelmingly. And ask why we can’t stick to the facts, Speaker and to the leaders that are those are the kind of routine things stick to reason as we try to solve the running this Congress, they see an in- that you’ve just got to do to keep the significant challenges that confront us stitution and they see a group of lead- trains running on time here. as a Nation. ers who are not willing to work with So, 47 naming post offices or other I have a number of favorite quotes. each other. And for those of us who are buildings; 44 were noncontroversial. One of them is this one from the late less than senior Members, certainly in Fourteen of the remaining 16 were to United States Senator from New York, the minority party at this time, it is extend preexisting laws or laws that Daniel Patrick Moynihan. He said, fa- very distressing because we came here, had been passed during the Republican- mously, ‘‘Everyone is entitled to their all of us came here, to solve problems. led Congress. Now, that means that own opinion, but they are not entitled I oftentimes encourage my colleagues there were only two left out of that to their own facts.’’ Another one of my to go back and read their first piece of whole 107 bills that were signed into favorite quotes is ‘‘Imitation is the campaign literature in their first cam- law. In fact, I would suggest, Mr. most sincere form of flattery.’’ So I paign because I think, Mr. Speaker, Speaker, that these were the two most was so pleased when I heard either the important bills. One of them was the Speaker or the majority leader say just that speaks to the goals and the vision extension of the Foreign Intelligence this in a debate recently, and I would and the dreams that we all had when Surveillance Act, and we’ll talk a little ask my colleagues on both sides of the we came to Congress. bit about that. But to keep our Nation aisle to heed this. Everyone’s entitled But as you know, Mr. Speaker, a re- safe, one of them was that bill. That to their own opinion, and you ought to cent Zogby poll found that for the sec- passed. But as I note, Mr. Speaker, state so, and that’s appropriate. But ond month in a row, this Democrat-led that passed over the objection of the you’re not entitled to your own facts. Congress’s approval rating was 11 per- So tonight, Mr. Speaker, we’re going cent. Now, why is that? Well, I think if leadership of the Democrat Party. So, one of the most important things to share a few facts with our col- you look at the bills that have been leagues, and I am going to start by passed through this Congress and we’ve done, in fact, probably one of the bringing a couple of quotes from a true signed into law, there have been 107 of two most important things that we’ve American institution. Certainly the them so far, Mr. Speaker, 107 bills. done, passed over the objection of the ‘‘Tonight Show’’ is an American insti- Now, you might think that that would leadership of the Democrat Party, the tution. The current host of the ‘‘To- be a grand accomplishment, and I sus- majority party. The other bill that night Show,’’ Jay Leno, oftentimes pect that it is on one measure. This passed was the supplemental to provide crystallizes in just a very humorous new majority touted the fact that they appropriate resources for our troops. way what the American people are have had over a thousand votes. What So, Mr. Speaker, not an opinion, but thinking. So I thought it would be ap- they didn’t say is that the vast major- a fact is that we have, yes, we have, in- propriate to share with our colleagues, ity of those were procedural votes. deed, had over 1,000 votes. And the ma- Mr. Speaker, what Jay Leno has said They were determining how the bills jority party is very proud of that, and over the past couple of days. This is ought to move forward, oftentimes in maybe they should be. But when you about the state of Congress right now. significantly noninclusive ways. But look at the number of bills that have As you know, Mr. Speaker, the num- 107 bills have gone through the House passed Congress, 107, 47 of those were to bers for Congress aren’t great right and the Senate and signed into law by name post offices or buildings, 44 were now. I would again encourage my col- the President. So I thought it would be noncontroversial, 14 were to continue leagues to try to use the sense of what helpful to kind of break down those 107 previous law, and two, the two most the American people are saying as a bills. What were they? Were they won- important, the Foreign Intelligence positive impetus to have us move for- derful solutions, as have been proposed, Surveillance Act and the appropriate ward together in a commonsense, posi- to children’s health insurance? Were resources for our troops in Iraq and Af- tive, upbeat, principled way that re- they wonderful solutions to health sys- ghanistan, passed over the objection flects the will of our Nation. tem reform? As a physician myself, I and the vote of the majority leader- But Jay Leno said the other day, believe so strongly that we need sig- ship, the majority of the majority lead- ‘‘And our new Democratic Congress, re- nificant, positive, patient-centered ership. member, they promised longer work- health system reform. So, Mr. Speaker, I’m not sure that’s weeks. Well, now they announced something to champion, but I will tell b 1930 they’re going to a 4-day workweek. I you that I believe that’s part of the guess they realized they don’t need a Was that one of the bills that was reason that the American people say, full 5 days to do nothing.’’ It was allud- signed? Was controlling the crisis that ‘‘What’s going on? What’s going on up ing to the fact that really not much we have in the area of illegal immigra- there in Washington? Can you all has gotten done in these first 10 tion, was that one of the bills? Well, re- please work together on behalf of the months of this 110th Congress under gretfully, Mr. Speaker, as you well American people?’’ which is what I be- the new leadership. And it hasn’t for a know, it wasn’t. lieve and my colleagues, I know, be- variety of reasons. We will talk a little In fact, of 107 bills signed into law, 47 lieve we ought to do. In fact, many of bit about that tonight. But I would of those bills named post offices, court- those things would be very, very hu- suggest most clearly, Mr. Speaker, houses or roads. Now, those are impor- morous if they weren’t so doggone seri- that it hasn’t because this new major- tant things to do, and certainly when ous. We are in challenging times, Mr. ity seems to be unwilling to work to- we name and honor individuals with Speaker, and I would suggest and en- gether on behalf of the American peo- the naming of a post office or a court- courage my colleagues, frankly, on ple. SCHIP is a classic example, and house or a road, that’s an important both sides of the aisle to put positive our colleagues mentioned that, and we thing to do, but it ought not be some- issues out there and work together as will talk a little bit about that to- thing that the majority party brings we move forward. night. forward and champions as a grand ac- One of the bills that we heard from Jay Leno also said just 2 days ago, complishment. I haven’t looked at our good friends on was the SCHIP bill, ‘‘The Democrats in Congress have an- what the votes were on those 47 bills, the State Children’s Health Insurance

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.146 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12365 Program, and I will be joined by a And so, Mr. Speaker, that’s why the when they’re saying that they’re not number of colleagues tonight to talk numbers have come down. In the able to get the message out. I think about that. I would just like to say length of time that the majority party what they are really saying, though, is that as a physician who practiced in has been demagoguing this issue and the message that is getting out is not the northern side of Atlanta for over 20 trumpeting out their radio ads and a truthful message, and some of the years taking care of kids, I take per- their television ads across this Nation, points that you’ve already made. sonal offense to anybody who says that what has happened is that the Amer- And if I may just touch upon a point those of us who have not supported so ican people have recognized that the or two here. If you go back in time a far the State Children’s Health Insur- story that they were being told by this little bit to when President Clinton ance reauthorization bill don’t care majority party, the Democrat leader- was in office, he laid out the ground- about kids. Clearly, we care about kids. ship, was, in fact, not the truth. It may work of what his vision was for health I spent my entire professional life car- have been an opinion; it certainly care in this country. He told us where ing for kids. wasn’t the truth. he would like to take this country and The other side says, well, 81 percent And so now what we see is 55, 60, 60- maybe where his wife would also like of the American people want SCHIP. plus percent of the American people to take this country when it comes to Well, they do when you ask them the saying yes, we want to help poor kids, health care. And he said that he want- question, do you support the State absolutely, that’s appropriate. And ed government-run healthcare. He Children’s Health Insurance Program? we’ll talk tonight about how we should wanted universal, socialized, Wash- And I ask that of my folks when I go do that, a positive message, an upbeat ington-controlled health care. And how home and have meetings and talk to message, an optimistic message, a mes- would you get there, he said? Well, he Rotary Clubs and other kinds of sage that says, yes, Americans are gen- laid it out in plans; he put it out in a groups. And I have asked them over the erous, we know that, and they believe book, almost, for us. He said, you get past 2 or 3 months, do you support re- that, in fact, there is a better way, there not overnight, although I guess newing the State Children’s Health In- there is a better way to do business HILLARY CLINTON tried to do that, but surance Program? And sure enough, here in Washington, hopefully to raise he said, no, you get there incremen- the vast majority of the people raise those numbers. There is also a better tally. First what you do is you insure their hand, and as well they should. way to fashion a bill that would pro- the indigent children, then you will in- And I ask them to keep their hand up. vide health insurance for low-income sure all the children, and eventually And then I said, now, would you sup- kids. you will insure all the adults as well. port that bill if you knew that poor So I am pleased to be joined tonight And what does that bring you to? Well, kids were not going to be taken care of by a couple of colleagues, my good that’s socialized, government-run and before kids in wealthier families? Put friend from New Jersey, who certainly controlled health care. Now, that may your hand down if you wouldn’t sup- knows fiscal issues as well as the issue be something that he would like and port that bill if you knew that kids of State Children’s Health Insurance maybe a small segment of this country from higher income families would get Program. I look forward to your com- would like, but when I go back to my insurance paid for by the taxpayer be- ments this evening and yield to my constituents, they remind me that fore lower income kids. And about one- good friend Mr. GARRETT. Washington government may not be third or so of the hands come down; Mr. GARRETT of New Jersey. I the most effective and efficient entity still a number of hands up there. And I thank the gentleman from Georgia for in the entire world of delivering serv- say that because that’s what is in the heading this program tonight to bring ices. They remind me of what happened bill that the majority party passed and about the Truth Squad, which when back when Katrina occurred and we that was vetoed by the President, and I’m not here on the floor, I’m in my of- had FEMA step in to try to deliver then we sustained that veto. fice turning on C–SPAN to make sure services, and it was abysmal. They re- And then I say, well, now, would you that I can find out the latest of what mind me continuously, regardless of support that State Children’s Health the actual facts are, because we can’t which party is in control, earmarks, Insurance Program if you knew that it always be assured that we hear them and we can talk about that ad nauseum also covered childless adults? And a correctly from the other side of the later on probably, about the waste, number of other hands come down. And aisle. fraud and abuse when it comes to I don’t make that up. I ask that ques- Actually, that’s where I want to spending their hard-earned dollars on tion because that’s in the bill. Now begin on this one. I was tuning in as I earmarks. we’ve got about one-half or maybe one- was doing some work at my desk for They remind me, also, some of them third of the folks still raising their the last 10 or so minutes of the other who were trying to leave this country hand saying they would support the side of the aisle, and I was a little bit during this past summer for a summer- bill. I say, now, would you support the amused by their closing comment. time vacation and they found out that bill if you knew that 2 million kids They seem to be chagrinned by the fact they needed to get a visa in order to do would be forced from private personal that they don’t have the opportunity so. And they could not get their visa health insurance onto public, State- to get the message out, if you were lis- even though they put in their request run, government-run bureaucratic tening to them, that the President one, week, two weeks, three weeks, medicine? And you get almost all of seems to be able to have the bully pul- eight weeks, nine weeks in advance. A them coming down at that point. pit and be able to get the record very basic function of the U.S. govern- They’ve kind of gotten the clue that in straight out to the American public, ment to supply visas to people, and the fine print in the bill, it’s not what and they don’t. I had to scratch my they couldn’t get them on time. They they’ve been led to believe. head at that time because I thought, remind me that the government And then I ask them, well, would you well, gee, doesn’t the Democrat Party couldn’t even do one of their basic support the bill if you knew that in now control both this House, isn’t functions. order to make the funding work, you NANCY PELOSI now the Speaker of this They remind me, finally, when it would have to have 22 million new House? Isn’t HARRY REID now the lead comes to what is one of the most sem- smokers in America because it’s paid in the Senate as well? I thought the inal issues when it comes to any gov- for by tobacco tax, would you support Democrat Party was the majority ernment, and that is to protect your it now? party. borders, and they say, you know, Con- Well, Mr. Speaker, I don’t have to And I know that every time that I gress, here under this majority, can’t tell you the results of this unscientific leave this Chamber during the day even get that issue resolved and done. poll. But the fact of the matter is, not there are microphones out there wait- We can’t get the money to the border an opinion, but the fact of the matter ing for speakers to speak. And they’re security guards. We can’t get that is when I get through outlining what not coming to me to ask for comments; fence built along there. If the govern- was in the bill, there isn’t a hand left. they are looking to the Democrat ma- ment can’t do those functions, they There isn’t a hand still raised that said jority. So I think they were a little bit ask me, why in the world do we want to they would support that bill. flippant or disingenuous, if you will, turn over our control, life-and-death

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.147 H31OCPT1 cnoel on PRODPC60 with HOUSE H12366 CONGRESSIONAL RECORD — HOUSE October 31, 2007 situations, really, and you’re a physi- Mr. GARRETT of New Jersey. I will parents of these children that can’t cian, you know this, to an entity that yield. break that habit, and some of them, can’t run the functions that they’re Mr. PRICE of Georgia. I appreciate Mr. Speaker, and I know my colleagues doing right now. your perspective on it and your com- appreciate this, are the poor members They tell me, the American public, ments because they ring true. Those of society, for some reason that have my constituents tell me that they are the absolute facts, Mr. Speaker. developed that smoking habit. And we want to make sure that health care re- And to put a few more numbers on are going to put the burden on them, mains in their hands, that health care that, at 300 percent of the poverty plus 22 million. And some of those 22 remains as a private matter in the level, which is about $62,000, $63,000 of million, this is the irony of this pay-for sense of a doctor-patient relationship. income for a family of four, 79 percent that the Democrats have come up with, Maybe you want to comment on that of those families already have health some of these very children, maybe at some point, where they’re in control insurance. The children have health in- some of the 5,000 that I delivered who of the delivery, of the questions and surance. And this bill that the Presi- are old enough to go buy cigarettes, the asking and what have you and the dent vetoed and the veto that we sus- they will have to be addicted to help needs for the services, and the doctor is tained, this bill would have made it so pay for this massive expansion so that in control of the services that are being that those children would have been es- their younger brothers and sisters can provided. They don’t want big brother, sentially forced, because the employers get health insurance funded by the if you will, stepping in and saying, would say, well, why should I insure Federal Government. It makes abso- well, no, we’re going to exclude you, in- these kids if the government is going lutely no sense. I really appreciate Dr. clude you and what have you. So they to do it, those kids would be forced PRICE bringing this leadership hour to are very hesitant to go down the direc- into government-run medicine. us as part of the Truth Squad, the on- tion that Bill Clinton wanted this going Truth Squad, because the truth country to go down and now this Dem- b 1945 just needs to be told. And I think the ocrat majority wants us to go down as At 300 percent of the poverty level, at important thing for our colleagues to well. 62, $63,000, folks who live in families understand and anybody within shout- And if the gentleman would continue with incomes at that level or below ing distance to know that Republican to yield. comprise 53 percent of the kids in this Members of this body, and our Presi- Mr. PRICE of Georgia. I would be Nation, 53 percent of the kids, which dent, George W. Bush, is all for chil- happy to yield. means that over half of the kids would dren and providing health care for chil- Mr. GARRETT of New Jersey. The be eligible for State-run, government- dren. If he wasn’t, would we be spend- very definition of a middle-class enti- run bureaucratic health care. And as a ing $35 billion a year on the Medicaid tlement, which, as Bill Clinton would physician, I know that whenever the program for children’s health insur- say, is the next step to go to socialized, government got involved in the deci- ance? Absolutely we would not. The government-run health care, well, the sions I was trying to make on behalf of President even has recommended that very definition of a middle-class enti- my patients, it was even more difficult. because it is estimated that 750,000 tlement can be seen in what the Demo- I am pleased to welcome my good children, we cover 6,750,000 in that in- crats are trying to do right now with friend and physician colleague from come bracket that my colleague from SCHIP. Look at the numbers. And I Georgia, who understands those issues New Jersey was talking about, the 100 know I don’t have a chart behind me as well with governmental intervention to 200 percent of the Federal poverty like you do to have these numbers into the practice of medicine. I appre- level have fallen through the cracks, so right next to me, but let’s think of ciate you joining us tonight and look the President said, look, let’s increase these basic numbers. forward to your comments. this spending $25 billion over 5 years, Right now the SCHIP program, as Mr. GINGREY. I thank my colleague let’s increase it 20 percent and a little originally intended, was to fund indi- from Georgia, Dr. PRICE. Certainly the bit more money in there for inflation. gent care for children, at what level? posters that he has got up there, Mr. Two hundred percent of poverty. Ball- But, instead, the Democrats come with Speaker, that I call our colleagues’ at- park figure, that’s around $42,000 for a a bill to increase the spending by 140 tention to, I might just touch on that family of four; that’s what is defined as percent to $60 billion. In fact, in their issue in regard to the tax on tobacco poverty for that family. The medium original bill, the CHAMP Act, they income, that’s the middle income in product, particularly cigarettes, that wanted to increase it to $90 billion. As Dr. PRICE points out, in this new this country, for a family of four all increase in that tax, just 61 cents a bill the $60 billion version, that is cov- across this country on average is about pack, I believe that would bring the ering 53 percent of all children in this $48,000. So, $48,000 is the middle range. Federal tax on cigarettes to a dollar a Any time you’re going to start spend- pack. But the Heritage Foundation and country either on the Medicaid or the ing more, providing a government-run others have looked at that and said, SCHIP program. Well, there is some- program for somebody making more well, how many new smokers would thing wrong with that. There is no than the middle by definition now be- you need to have to raise the $70 billion question about it. We don’t need to be comes a middle-class entitlement, and that would actually not completely paying the health insurance for chil- that leads us to government-controlled pay for this massive expansion of dren from families who are making health care. SCHIP that Democrats have rec- $62,000 a year. In some instances in the So, when they’re talking about pro- ommended? And the number, Mr. State of New York, it may be up to viding services above 200, 250, 300, well, Speaker, is 22 million, as Dr. PRICE’s $83,000 a year. That’s what we’re railing 300 percent of poverty, that would put poster so vividly points out. against, this unnecessary, massive ex- you at approximately $62,000 for a fam- Mr. PRICE of Georgia. I try to bring pansion. We Republicans and the Presi- ily of four. In New Jersey, we’re at 350 posters, because when I look at some- dent want to renew this program. It’s a percent of poverty; that puts you thing like this it really drives the issue good program. We need to increase the around $72,000 for a family of four. So, home and brings it much more clear to funding. The President possibly would by definition, they’re telling us that me. But this is what you have men- be willing to even go a little more than they are not trying to create a pro- tioned that is so true, and the bill that a 20 percent increase. But the only jus- gram for the indigent and the poor in was passed, as you said, would require tification the Democrat majority can this country. By the very definition of 22 million new smokers, new smokers, have for this type of increase is just the words they’re using and the facts that means from 2010 to 2017, 22 new what was already alluded to, a march that are out there, they are trying to Americans would have to start smok- toward a single-payer national health create an entitlement program for the ing. This is the number of folks that insurance program. In some of their middle class. And then of course the would have to begin smoking just in rhetoric in regard to Medicare and question is, who is going to pay for order to pay for the program. wanting to start covering people at age that? Mr. GINGREY. That’s right. And 55, you see where the gap gets smaller Mr. PRICE of Georgia. Would the that means the ones that are already and smaller, and then all of a sudden gentleman yield? addicted, the poor grandparents and you’re covering from cradle to grave

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.148 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12367 everybody in this country run by the allow for third-party reimbursement to I hope that our colleagues on the government. come from the tobacco companies for other side of the aisle realize what So I thank the gentleman from Geor- health care costs that the money came America really wants. They want this gia, my colleague from Georgia, my from. great program to continue for low-in- colleague from Cobb County, for lead- So, Dr. PRICE, your chart there on come children. ing this time. I know there are a num- where the money is coming from is Dr. PRICE, I appreciate your being ber of other speakers that are here that very, very interesting because, as you here tonight as part of the Truth want to weigh in on this. We just need say, in 2013, if I am reading the chart Squad to bring this information to the to keep fighting. We will get this bill correctly, that is where the funding American public. right. But we need to do it in a bipar- drops off. Twenty-two million smokers Mr. PRICE of Georgia. Thank you so tisan way. would be needed to fund this program, much, Congresswoman GINNY BROWN- Mr. PRICE of Georgia. Thank you so which is far, far different from that WAITE. We appreciate your perspective. much. I appreciate my physician col- originally envisioned and that which What a moving story about the begin- league pointing out again the number both sides of the aisle, the Democrats ning of the program where you were on of new smokers needed to pay for it. and the Republicans, worked on in 1997 the front lines at the beginning. I know And the last time I remember, it has to come up with the SCHIP bill. of nobody in this Congress who has been a while since I have been in med- So what exactly do we have in the greater compassion for kids than you. I ical practice, but we used to try to get bill that many of us voted against, sincerely appreciate your coming folks to quit smoking, that is what we many of us who fought long and hard down, sharing that story and trying to tried to get them to do, instead of be- for State children’s health programs? bring some truth. That is what we are ginning to smoke to pay for it. What is in it? Well, it continues to trying to do, trying to bring some This chart really describes it very, allow adults to receive health care truth and some light to this issue. very well, talking about the bait and under various State SCHIP programs. When folks at home ask me what the switch of the funding. In addition to It is interesting that it also will allow alternative is, because there are alter- having a tobacco tax pay for it, which more illegals to participate in health natives, there are wonderful, positive is really counterproductive because we care through the SCHIP program. That alternatives, a number of other Mem- want folks to quit smoking, not start is not what our constituents wanted. bers of Congress have introduced bills. smoking, but in addition to that, what The Senate received a loud-and-clear I, along with over 60 folks in Congress, happens at 5 years, this is 2008 pro- message when America finally did have introduced a bill that we call gram, 9, 10, 11, 12, 13, when you get out wake up to what they were doing on More Children More Choices Act. It to this fifth year, what happens in the the issue of illegal aliens. They vir- would be a bill that would in fact reau- majority party’s bill, the Democrats’ tually inundated the switchboard of thorize SCHIP, State Children’s Health bill? The funding drops way off, which the Senate. People do not want more Insurance Program, up to 200 percent means that they weren’t sincere about magnets to attract illegal aliens here. of the poverty level, that is $42,000 for this in the very beginning. But most of the State health plans, a family of four. For those kids be- It really isn’t about cost. It is about part of the pool of money that the var- tween $42,000 and $62,000 and their fam- control, about who is going to control ious States got after going after the ily, we would provide premium assist- health care. Is it going to be patients, third-party reimbursement, part of ance, premium support, make it so individuals, families and doctors? Or is that money was also for education and that all kids can, indeed, get health in- it going to be government? It really is trying to get people to stop smoking. surance. But most of those kids would about something as basic as that, a So isn’t it interesting that with this then be able to have health insurance basic question. hand we fund programs that are trying provided in a personal and private way I’m so pleased to be joined tonight by to get people to stop smoking, and yet so that their doctors and their families my good friend from Florida who has a we have a bill here that says, oh, come were making health care decisions, not district that is probably as sensitive to on, we need some more smokers to pay the government. health care as any in this Nation, for this program. Ms. GINNY BROWN-WAITE of Flor- GINNY BROWN-WAITE. I appreciate so One of the fallacies that people have ida. Many of the State programs actu- much your joining us and I look for- finally in America begun to realize is ally had that language in there so that ward to your comments. that the program, the SCHIP program, we wouldn’t crowd out those who al- Ms. GINNY BROWN-WAITE of Flor- was a great program. It should be re- ready had insurance and encourage ida. I thank the gentleman for yield- newed. It shouldn’t be expanded. It them to get into the program. Many of ing. should be renewed. And we need to the States had subsidies, premium sub- I was sitting in my office calling reach out to those that the program sidies so that people could stay in a back some constituents. It was 7:30, hasn’t already touched, those low-in- family program so you didn’t have to and first of all, they were surprised to come children out there. It shouldn’t have one doctor for perhaps your 12- hear from any Member of Congress have been, and it was never intended year-old and another doctor for the calling them back at 7:30, but I am sure originally to be for adults. But, quite mom and dad so that there could be a everyone here in this chamber does ex- honestly, States gamed the system. family, a true family doctor there be- actly that. And I saw you coming here And why did they do it? Because they cause they all were covered by the to inform the American public about could get 15 percent more funding from same insurance company. The problem the truth. It is long overdue. the Federal Government than they was over time many of the States Many of us in this Chamber had ads could with the traditional Medicaid stopped promoting that. So it was just run against us. It was during that 2- program that adults go into. easier to enroll the children in the week period after the President vetoed In Florida alone, we have right now State children’s health program, and in the bill. Now, we could have been work- 62,000 children who should be eligible Florida we call it KidCare. That is an ing on a compromise, but no, there had for KidCare, which is the State pro- excellent point you bring up. to be time out there for the operatives gram, but they have not signed up for Mr. PRICE of Georgia. Thank you so to run nasty ads against people who it. So before we go expanding it to mid- much. I appreciate your joining us and voted to not override the President. dle-income kids, let’s capture those providing that perspective. The President was right. This bill, children in Florida, and every other Again, Mr. Speaker, there are all the spending in the bill is out of con- State, Dr. PRICE, every other State sorts of alternatives. The alternative trol. It is out of control, and the Amer- that has children who still are not cov- we put forward was H.R. 3888. I encour- ican public started to catch on. Be- ered by the program, the very, very age my colleagues to look at it. cause when they started to attack me, good program. Many of us actually are you know, I have been called the moth- on the bill that would be a simple ex- b 2000 er of this bill. I wasn’t in Congress at tension. And many of us are cosponsors It’s a bill that would reauthorize the time. But it was because I was will- of that which allows the program to SCHIP. It would make certain that we ing to take that very difficult vote to continue for 18 months. had premium assistance or support for

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.149 H31OCPT1 cnoel on PRODPC60 with HOUSE H12368 CONGRESSIONAL RECORD — HOUSE October 31, 2007 those folks in low to middle-income Mr. Speaker, it’s quite ironic, Mr. the Democrats have scared the rest of families so that they could make cer- Speaker, that Mr. PRICE has this hour America. It is scary because they plan tain that they could own their own per- tonight. Tonight is Halloween. I will to move forward with their plan. sonal private health insurance and be tell you, when I look back at home in Mr. PRICE of Georgia. I thank my able to make health care decisions, California, my kids will be getting friend from California for outlining with families and doctors being the ready to go out with their friends. what truly is a frightening issue for ones in charge, not State or Federal Some of them are going to dress up, many Americans. Many folks, espe- Government. It would allow States some will try to scare one another. But cially in the middle class, there has greater flexibility to provide health in- tonight, Mr. Speaker, this is the scar- been talk about a war on the middle surance for their uninsured population. iest moment of all. This largest tax in- class. I tell you, Mr. Speaker, the war So I would encourage my colleagues crease in American history is going to on the middle class is being fully en- to look at that. I think it is the kind of scare every American there is. gaged by this majority party when you bill that folks across this Nation I I will tell you that as you study his- think about a $3.5 trillion tax increase. think are clamoring for because it al- tory and study economics, you will see Congressman RANGEL, again, you lows us to work together in a positive in the last cycle when taxes were have to honor him and commend him way and do something that benefits lower, we set a record April 15. April 15 for his candor and his honesty. He says, our constituents, does something that was the day people were paying their well, look, 90 million Americans will benefits the vast majority of Ameri- taxes. With taxes lower, more revenue have a tax decrease with his proposal. What that means, Mr. Speaker, is that cans. One of the things that benefits came into American coffers, govern- over 200 million Americans will have the vast majority of Americans is not ment, than ever before in the history of their taxes increased. That is where to have the Federal Government reach collecting taxes. Why? Because you let this $3.5 trillion comes from. It comes into their pockets and destroy their people keep more of what they earn. from anybody who is paying taxes cur- economic well-being. They went out and took their money rently to any degree will have their This Federal Government, under the and invested into capital, invested into new leadership here, has shown a taxes increased. My friend from Cali- businesses. What does this plan do that fornia outlined so many different ways penchant for increasing the desire to the Democrats put forward in the have this government involved in all that we are taxed and taxed and taxed Democrat’s largest tax increase? It by folks who think they know how to sorts of personal decisions, and prob- taxes small business, small business at ably the most personal of decisions is spend our money better. I believe I the highest rate. How do you create a know that most folks on our side of the what to do with one’s money. When big business? I guess you can’t under you think about it, tax issues, taxes aisle believe that individuals know how the Democratic plan. to spend that money better. I recognize are, in actuality, the government, ei- For those that are sitting at home, ther the local or the State or the Fed- my good friend from Ohio, who believes Mr. Speaker, I want them to think for that sincerely and has great knowledge eral Government coming into peoples’ one moment when you think about lives and saying, We know how to and acumen about the issue of taxes taxes, because you always don’t realize and financial issues, my good friend, spend your money better than you do. how much taxes you pay in a day. On Mr. JORDAN from Ohio. We know so well how to spend your an average day, you wake up, you take money better than you do that we are Mr. JORDAN of Ohio. Mr. Speaker, I a shower; do you realize you pay a tax going to take it from you, because you thank the gentleman for putting this on that water? You go maybe over to certainly don’t know exactly what you hour together. I thank my friend from Starbucks to get a cup of coffee, you ought to be doing with your money. California too for his focus on keeping This new majority, this new majority pay a tax on that coffee. You stop off taxes low, which the gentleman from has passed all sorts of tax bills, almost and fill your car up with gas; you pay Georgia made the right point: Whose at every turn. As we have talked about, a gasoline tax. You go into work, and money is it? Does it belong to the fami- Mr. Speaker, they have passed a $392.5 for the first three hours you’re just lies of this country or does it belong to billion tax increase in their budget; $50 paying taxes before you make any government? billion in new energy taxes; $35 billion money. You go home, turn on the TV, The families of America know that in new tobacco taxes; $7.5 billion in hopefully you will see yourself on tele- they can spend their money better new taxes on a farm bill. Hold on to vision, you pay cable tax if you’re than government. They can invest it in your wallet when you go to the gas watching this show tonight. their kids, their grandkids, their goals, tank; a 55 cents per gallon increase in You go out tomorrow, a lot of us are their dreams, their ideas, their prin- gas taxes for infrastructure and global going to fly home, and when we buy ciples. They can do it better than gov- warming studies; new taxes on home- that airplane ticket, we’re going to pay ernment can. American families know owners by ending mortgage deductions. an airport tax. You rent a car, you pay that taxes are too high. Think about Mr. Speaker, that isn’t all, because a rental tax. Somebody stays in a the typical family, the typical family Congressman RANGEL, chairman of the hotel, they pay an occupancy tax. God in this country. When you factor in Ways and Means, you have got to honor forbid, you save enough money and un- local, State and Federal taxes, all him for his candor, because what he fortunately die, you’re going to pay an those taxes that my friend from Cali- says is he is coming with the mother of inheritance tax. On the Democratic fornia went through that you pay in all tax hikes, the mother of all tax in- plan, it goes to 55 percent. just a typical day, when you factor creases, and, Mr. Speaker, this is a $3.5 They think they know what to do that in, the typical American family trillion proposal for a tax increase over with your money. I believe the Repub- spends 50 percent of their income, 50 the next 10 years, the largest indi- licans know what to do with your percent of what they make, what they vidual tax increase in American his- money. You keep your money and in- bring in, that they can invest in their tory, $3.5 trillion. Mr. Speaker, that is vest it and build America. The plan has kids, their grandkids, their future, with a T. Only in Washington can we shown that if government continues to they have to give to some level of gov- talk in those kind of numbers. grow, they are going to raise your ernment. It is very concerting to me, I know to taxes further. As the gentleman from Georgia my constituents, and it’s concerting to Mr. Speaker, this plan and the appro- pointed out, when you think about my colleagues who have joined me to- priations that have gone through on what has happened this year in this night to talk about the issue of taxes, this floor have continued to make gov- Congress, we had a budget bill passed the issue of money and Washington’s ernment grow, continued to increase. that doesn’t extend the 2001 and 2003 appetite for money. How do they want to feed it? By taking tax cuts that have helped our economy, I am pleased to welcome my good more of what you have. that have helped families have a grow- friend, the gentleman from California I want to yield to my good friend ing economy, the tax increases in there (Mr. MCCARTHY). from Georgia and thank him for the that result in huge, huge taxes in the Mr. MCCARTHY of California. Mr. time that he has put into this, because future on American families. We had Speaker, I thank my good friend for it is a Truth Squad. It’s rather ironic an energy bill that raises taxes on do- yielding. that tonight you’re talking about how mestic energy companies. We had a

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.151 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12369 farm bill, a farm bill, one of the most some dumb things. But now it matters. Committee supporting a $3.5 trillion bipartisan pieces of legislation that Now the competition is so stiff we have tax increase, the largest tax increase in typically moves through the Congress, got to get public policy right. the history of our Nation, on individ- had a tax increase in it. Just think of some of the numbers we uals. We had the SCHIP bill that the gen- have to deal with today. We have 300 My good friend from California, I am tleman spoke on earlier in this hour million people in this country. We are pleased to yield. which had a tax increase in it. And just competing with the Chinese, who have Mr. MCCARTHY of California. My this day on the floor we had a Trade 1.3 billion. It is critical that we do good friend from Georgia, I appreciate Adjustment Assistance Act that also things right so we can remain the eco- your yielding. You are talking about had a tax increase in it. And, as my nomic superpower, because here is the spending and you are talking about good friend from Georgia pointed out, way the world works. how much it has increased. we now have what is appropriately The economic superpower is also the The American public would say be- called the mother of all tax increases military and diplomatic superpower. fore you raise my taxes, have you cut coming, which will raise $3.5 trillion, Right now there is one country that the waste, the fraud and abuse? You $3.5 trillion on American families fits that definition, that is the United just talked about the chairman of across this country. States of America, and that is a good Ways and Means. You look at the tax It begs the question: Why do politi- thing. The American people recognize increase he proposed and you wonder cians want to raise taxes? It is real instinctively that the world is safer why does he want to increase taxes so simple. Because politicians like to and better when America leads. If in much? spend money. You always hear ‘‘tax- the future that is some other country, I look back and I remember on this and-spend politicians.’’ It is actually that is a scary thought. We want Amer- floor when we were bringing up the the opposite. It is spend-and-tax. ica to lead. Health and Human Services bill. In Spending always drives the equation. I kind of joke when I say I think the there, you thought you were going to That is why this summer my good only folks who don’t get that concept talk about the needs and the other friend and I and several other members is the editorial page of the New York things. of the Republican Party offered a series Times. But Americans understand that There was an amendment in there. I of amendments which said let’s hold the world is better. I love what Cal remember the debate on the Repub- the line on spending. Let’s do what Thomas said. He was talking one time lican side, Mr. Speaker, because in families have had to do from time to about how sometimes the national there, there was put in what is called time, what business owners, as my media doesn’t see things the same way an earmark for $2 million for a library friend from California pointed out, that a typical American family does. which the college didn’t ask for to be have to do from time to time, what in- He had a line when he was talking named after the chairman of Ways and dividual taxpayers have to do from about the New York Times. He said, ‘‘I Means. It was interesting to me, I call time to time. Let’s just spend what we get up every morning and I read my it ‘‘the monument to me,’’ because spent last year. Bible and the New York Times so I can that is exactly what it is. The Amer- After all, if you ask the typical see what each side is up to.’’ There is ican people need their taxes raised so American, do you think government certainly some truth in that state- somebody on this floor can name a li- spends a lot of money? Do you think ment. brary after themselves for $2 million? maybe there is just a little bit of waste It is important for America to lead. And if you look at the brochure, it says in the Federal Government? And every- The way America can lead economi- it will be just as nice as President Clin- one knows instinctively, of course cally is to keep taxes low, keep spend- ton or President Carter, which I will there is. So we said, let’s just spend ing under control, and, if we do that, tell the American people, Mr. Speaker, what we spent last year. American families, American business were paid for by private funds. You know what? Right now we are owners can create those jobs and make When it was challenged on the side of operating in a continuing resolution, our economy grow so that we have a the Republicans to say maybe that ear- which is a fancy way of saying we are prosperous future, just like America mark is not right because it didn’t go living on last year’s budget, even has always had, and that will allow through the process, the chairman of though the Congress was supposed to America to continue to be the greatest Ways and Means came to the floor and have budgets in place by September 30 country in the world. defended it and said he deserved it. and start a new budget. So we are liv- So I thank the gentleman for his When someone said, Well, maybe you ing on last year’s spending. time tonight and for his focus. He is so shouldn’t name it after yourself, he When we argued these amendments right on target. And my good friend talked about it and said, No, I have this fall, that is what we wanted to do, from California as well. been able to raise $25 million from cor- the other side told us, oh, the sky is Mr. PRICE of Georgia. Thanks so porations to go through it. Then when going to fall, the world is going to end, very much for joining us tonight, and he sat there and talked and they said, all kinds of things are going to happen. for really shedding the truth on issues Well, maybe we should name one after You know what? For 4 weeks now we as they relate to taxes. You are so ourselves, he said, No, no, you don’t de- have been doing just what we offered in right about the spending. serve it. those amendments, living on last That is what we have seen in this But that is the hypocrisy that goes year’s budget. And, guess what? Kids Congress, Mr. Speaker, is bill after bill on on this floor of the Congress. When are going to school. The government is after bill with more spending and more you continue to spend, when you con- still running. Nothing terrible has real- spending and more spending. And it tinue to move earmarks and you think ly happened. If we can do it for 4 will drive, it has to drive, increased you can just tax the American public weeks, we can do it for 4 months, we taxes. So what we have seen is a pro- more and more, they are going to wake can do it for the next year. posal from not just a back-bencher, not up. That is why I appreciate the time Here is why this is critical. If we just somebody who took some wild hair you have taken, the Truth Squad, to don’t begin to get a handle on spend- and decided that they were going to let people know what goes on on this ing, it hurts us in our economic posi- propose a tax increase; the proposal floor. tion around the world. And right now comes from the chairman of the Ways Americans understand this as well. The and Means Committee, the tax writing b 2015 market is so competitive, we have got committee. And in fact the Speaker in Mr. Speaker, I apologize to the Amer- to keep taxes low, keep spending under her first comments about it said she ican people for scaring them too much, control so our economy can grow. supported it. but this is the truth, and I yield back There was a point in the past, there Mr. Speaker, on Halloween, you talk to my good friend from Georgia. was a point in the past coming out of about something that is frightening. Mr. PRICE of Georgia. I thank the World War II where America was As my friend from California said, that gentleman for those comments, but the uniquely situated; it didn’t really mat- is frightening, to have the Speaker and truth sometimes is painful. And it is ter if elected officials, if politicians did the chairman of the Ways and Means important as leaders in this Nation

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.152 H31OCPT1 cnoel on PRODPC60 with HOUSE H12370 CONGRESSIONAL RECORD — HOUSE October 31, 2007 that we bring the truth to our con- There are alternatives to that. H.R. to make as few Halloween analogies as stituents. And the truth of the tax bill 3888, the More Children More Choices potentially positive. We have ex- that has been proposed is on this chart Act. More kids being insured, the same hausted that already this evening, and right here, Mr. Speaker. This describes number of kids proposed by the other we are guilty on both sides of the aisle, the time from 2007 through 2050 and the side, but more choices. More personal so we won’t talk about things being amount of money that would be raised, ownership and more ability to control frightening or scary, at least until Mr. the amount of taxes that would be one’s future. RYAN gets here. He may not be able to raised by the Democrats is this orange In the area of taxes, Mr. Speaker, the resist. line right here, this top line, and it alternative is clear. It is allowing It always amuses me when we are continues to go up and up and up. Americans to keep more of their hard- down here for one of these 30–Some- And the reason it is important to ap- earned money. It is what we have done thing Working Group hours, and a lot preciate it going up is this ordinate for the last 6 years. It has resulted in of times we are preceded by The Truth here, the Y axis, has the percent of the largest economic boom we have Squad or some of our friends on the Re- GDP. That is the entire economy of the seen in a number of decades. In fact, it publican side of the aisle. Often their United States. And once you get above has resulted in the largest economic mantra is to preach to the Democratic about 18, 19, 20 at the outside, the econ- boom that we have seen since taxes side of the aisle and preach to the omy tends to plummet. You can’t run were decreased before in the sixties and American people the values of fiscal re- the economy in an aggressive and ap- the eighties under President Kennedy sponsibility. propriate way to provide jobs for peo- and President Reagan. And what we Tonight we heard a little bit about it ple when you get above 20 percent. saw under them was increasing reve- from our friends from the other side of And the majority’s party plan, the nues to the Federal Government. the aisle chastising Chairman RANGEL plan proposed by the chairman of the Mr. Speaker, it is an incredible privi- and his new very progressive tax cut Ways and Means Committee and sup- lege to come to this floor and present which will bring tax relief to millions ported by the Speaker of the House in ideas and speak on behalf on our con- of working-class families. We heard her first comments, what that plan stituents in a positive and optimistic them talk about how it is time this does is move us upwards of 24 percent and enthusiastic way. I encourage my Congress got spending under control as of gross domestic product. Mr. Speak- colleagues to embrace the kind of opti- well. er, that is a frightening prospect. That mism and enthusiasm we have for Mr. Speaker, there are short memo- is not the kind of leadership, I believe, America. And if this majority party ries on the other side of the aisle, short that the American people bargained for would do just that, I promise you that memories which seems to only go back last November. The kind of leadership the ratings for this Congress would in- 10 months. They do not go back 3, or 6 that they wanted, that they desired, crease. I look forward to joining my or 12 years ago when Republicans took were individuals to work together for colleagues in that positive and upbeat control of this Congress. If they did, solutions. way. they may have some recollection of the And the yellow line down here, Mr. f fact that they had 12 years of control. Speaker, is a solution. It is called the The Republicans had 12 years of re- Taxpayer Choice Act. It is uplifting, VACATING 5–MINUTE SPECIAL sponsibility over the Federal budget to optimistic, enthusiastic support of the ORDER get some fiscal sense and some fiscal American people. It says, Mr. and Mrs. The SPEAKER pro tempore (Mr. discipline in the Federal budget. American, you know what to do with ARCURI). Without objection, the 5- I stand here as a representative from your money more than we do; and we minute Special Order in favor of the a pretty fiscally conservative district. I believe that so strongly, we are not gentleman from Connecticut (Mr. MUR- represent northwestern Connecticut going to increase taxes on you. If you PHY) is vacated. which is filled with Democrats and Re- work harder, you will be able to keep There was no objection. publicans and Independents alike who more money. You will be able to appre- f care about the management of their ciate the fruits of your labor. Isn’t that 30–SOMETHING WORKING GROUP Federal budget. They care about what what America is all about, Mr. Speak- er? To be able to reward hard work and The SPEAKER pro tempore. Under this government does with their Fed- reward success and reward entrepre- the Speaker’s announced policy of Jan- eral dollars. They may be sort of a more socially neurship and reward vision? That is uary 18, 2007, the gentleman from Con- liberal or moderate district, but when what America is all about. That is necticut (Mr. MURPHY) is recognized for it comes to dollars and cents, people in what my constituents tell me when I 60 minutes. my district care about fiscal responsi- go home. Mr. MURPHY of Connecticut. I So my constituents are concerned, thank the Speaker and I thank the bility. So I think one of the reasons I which is why the numbers for Congress Speaker of the House, NANCY PELOSI, replaced a 24-year incumbent is be- are so very, very low. An 11 percent ap- for once again allowing the 30–Some- cause after a while, people in my little proval rate of the United States Con- thing Working Group to come to the corner of Connecticut and from across gress by the American people. Again, floor tonight and share with the Amer- this country woke up to the fact that that troubles me. This is a wonderful, ican people and share with you, Mr. while on the floor of the House of Rep- fine institution. It works best when Speaker, some of the most important resentatives or back in their districts people work together positively for and pressing issues that are before this or on the talk shows or the cable news their constituents. Congress right now, and to do that in networks, the Republicans said over So I challenge my colleagues on the part from a perspective of some of the and over again that they valued fiscal other side of the aisle, I challenge hardworking individuals across this responsibility, but when they had a them to embrace them in the SCHIP country who are looking for help from chance to pass budgets to back up that arena, embrace a positive bill which this Congress, who are looking for a talk, when they had a chance to get provides reauthorization for the bill Congress for the first time in a long the deficit under control, not only did but ensures that moms and dads and time to start standing up for average, they not do it, they made it worse. families and kids can be able to make hardworking, everyday men and This President with a Republican- health care decisions with their doctor women who have been getting the controlled Congress in the House and without the intervention of the Federal short shrift from this government for a the Senate, with a Republican-con- or State government. very long time. trolled administration inherited a As a physician, I know oh so well how I am soon to be joined by some of my budget surplus and turned that in just the intervention of the State and Fed- colleagues, potentially Mr. RYAN and a few years into a record budget def- eral Government into the practice of Mr. MEEK and Mr. ALTMIRE to discuss icit. A chart that Mr. MEEK and Mr. medicine destroys the ability to take some of the issues confronting us RYAN have shown on this House floor care of people. It makes it so you can’t today. year after year after year says it pret- provide quality health care for children We will try, on behalf of Mr. ALTMIRE ty well. President Bush during the and moms and dads. and Mr. MEEK, and certainly Mr. RYAN, time he has been in office, all of that,

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.153 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12371 all of those budgets passed with Repub- on the outside: Why didn’t you do this the sudden it’s not just the tax paid by lican Houses and Republican Senates, before? the really, really rich people. It’s a tax in the time he has been in Congress, he This Republican Party that told us that starts to get paid for by people has doubled the amount of foreign-held for years they were the party of fiscal that look and sound and make incomes debt, doubled the amount of borrowing responsibility in fact was running this like you and I, and as we look at what we have done which has been bought up budget into the ground; and could happens in the next couple of years, it by countries other than the United have, just by adopting a pretty simple gets even worse. States. pay-as-you-go rule, could have exerted By 2010, if we don’t fix the alter- It took 42 Presidents 224 years to some discipline on this House which native minimum tax, the AMT as peo- build up $1 trillion of foreign debt. And was lacking almost completely for 12 ple call it around here. I figured out in it has taken this President 6 years to years, now finally here. my short time here that everything go to $1.19 trillion. And this chart is a I am pretty proud of Chairman RAN- has got an acronym, everything; even little old, too. It’s even worse than GEL for his frankness as he was sort of things where the word itself is shorter that now. So it amuses me, Mr. Speak- mockingly given credit for earlier than the acronym, that’s got an acro- er, and a lot amuses me in Washington. today, because the bill that he has put nym. So this has got an acronym. The As a freshman Member, I find a lot of before us, the bill that fixes the alter- alternative minimum tax is called the things to sort of step back and laugh native minimum tax, and I know we AMT. about. But to get lectured by a Repub- will spend some time talking about By 2010, just 21⁄2 short years away, if lican, now in the minority, about fiscal some really important topics as we we don’t fix this, if we don’t clean up responsibility, when it was their party head into the holidays regarding food the mess that this last Congress cre- in control of this House and in control safety and toy safety and drug safety, ated on the AMT, 80 percent of people of the Senate and running the adminis- but first I want to talk about the alter- that make $100,000, in Connecticut tration that put us in the situation we native minimum tax because you that’s a middle-income family, 80 per- are in today. So now it is our job to try didn’t hear a word about it, you didn’t cent of people that make $100,000 are to clean it up. hear anybody talking about it, at least going to be paying the alternative min- When I go back to my district, Mr. when I was listening to the other side imum tax, and it just gets worse from Speaker, I have a hard time explaining of the aisle, you didn’t hear anybody there. why some of the simple, commonsense talking about the very reason Chair- Mr. ALTMIRE. Mr. Speaker, would measures that we have undertaken in man RANGEL and the Ways and Means the gentleman yield on that? this Congress weren’t done years, dec- Committee have dedicated themselves Mr. MURPHY of Connecticut. I ades ago. I use for an example what is to tax relief because we are on the would. called the pay-as-you-go rule. It is kind verge of the biggest tax increase on the Mr. ALTMIRE. And this is something of the rule that most families and busi- middle class in perhaps the history of that’s critical to understanding the tax nesses use every day, which is we are American tax policy courtesy of Presi- policies that we’re going to be consid- only going to spend money that we dent Bush and the previous Republican ering in the remaining time that we have. We are going to put money out at majority here. have in the 110th Congress. the same rate money is coming in. The alternative minimum tax, as the For some reason when the Repub- b 2030 gentleman is pointing out, is some- licans were running this House for the So guess what? Yet again, it’s left to thing that has to be addressed. We sim- last 12 years, that wasn’t the rule of this Democratic Congress, the New Di- ply cannot afford to ignore this issue the day. In fact, regularly they were rection Congress, to clean up yet an- any longer. We’ve been in a position spending American taxpayer dollars other mess that was created by this where we have been giving 1-year fixes that they didn’t have, that weren’t in prior Congress. year after year. For 1 year we hold the bank. That is what rolled up these We’re already trying to do it when it harmless the folks that should qualify deficits that were rolling in at about comes to children’s health care. We’re for the AMT as it’s currently written $300 billion a year. It’s spending more trying to reorder our energy policy. with that flawed formula, and we push money than we were taking in that is We’re trying to clean up the ethical it off another year, and it gets more ex- now responsible for a Federal deficit malaise that has settled on this town. pensive to fix every time we do that. that balloons over $1.2 trillion. So now we are also going to do it when And what the gentleman from Con- The majority, I am not sure the ma- it comes to this issue as well, to the al- necticut is talking about is it was a jority but a large amount of that def- ternative minimum tax. flaw. In 1969, they created the alter- icit, that debt, those notes, those obli- In 1969, when the alternative min- native minimum tax to prevent people gations being held by China and Japan imum tax was passed by Congress it from escaping their tax obligations. and OPEC nations, all of these coun- was pretty simple. They said, listen, They couldn’t use deductions and loop- tries that we are sitting across the ne- with of the different tax loopholes and holes and whatnot, and they didn’t gotiating table from, being largely deductions and credits and offsets that index it for inflation. So now we’re 38 compromised by the fact that we owe a people can take, there’s going to be years later, and the income of 1969 that large amount of money that we are some people who make a lot of money was considered rich at that point, due asking for policy considerations from. who may be able, through creative tax to 38 years of inflation, we have a dif- So we decided, let’s do something planning, to avoid paying taxes to the ferent outlook on that. simple. When Speaker PELOSI came to United States Government. That’s not So we have a situation where the al- the Speaker’s chair, to the dais you sit right. That’s not right. ternative minimum tax is spiraling out on right now, Mr. Speaker, she decided And so in 1969, they passed a com- of control. And you gave numbers, 4 in the first 100 hours we are here, let’s plicated formula called the alternative million people affected by it this year. say that every obligation that we de- minimum tax, and in 1970, about 20,000 If we do nothing, it is going to be 23 cide to commit ourselves to, every new of the richest Americans paid the alter- million next year. So we can’t ignore spending bill that may come before native minimum tax. Makes sense. the problem, and our friends on the this House, let’s within that bill ex- Makes sense. Make sure that every- other side of the aisle can pretend like plain exactly how we are going to pay body pays some minimum level of tax- that’s not part of the equation and this for it. When I explain that back home, ation, especially those folks up at the is not something that we have to deal when I go to my Rotary groups or my top of the income stratosphere who with or this isn’t going to have a cost. Chamber of Commerce meetings and I have creative ways to avoid that tax And I know this is something you’re explain that Congress now has decided situation. going to address later in your remarks to only spend what we have, and if we Okay. So 20,000 people pay it in 1970, and we can discuss that, but to say, spend anything more in that bill we are but guess what? Because Congress, well, we should just do nothing about going to tell you how we are going to after Congress fails to index the alter- this or we should pretend like this isn’t spend it, people look at me with these native minimum tax, in 2006, 3.5 mil- going to have a budget impact is just blank stares saying on the inside and lion people end up paying it, and all of not consistent with the facts.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.154 H31OCPT1 cnoel on PRODPC60 with HOUSE H12372 CONGRESSIONAL RECORD — HOUSE October 31, 2007 So the alternative minimum tax is here and say, boy, we’ve got a lot of sponsible behavior that we saw in there. It’s the reality. It’s existed for 38 money laying around here, why don’t Katrina, we saw with the government years. It’s spiraling out of control, and we just give the wealthiest people in contracts in Iraq, comes right into we’re very close to being in position our country the money back. We’re ac- your household because of a lack of in- where if we were to scrap the entire in- tually going out to China and OPEC vestment into the United States. come tax system, that would cost less countries and borrowing the money to Mr. ALTMIRE. Just to clarify, as the than to do away with the alternative give tax cuts, and then we borrow the gentleman from Ohio understands, this minimum tax. We’re only a few years money from OPEC countries to fund was not the reduction that you see away from meeting that threshold. the war to get oil from the Middle there in that chart. This was not a gov- So what do we do? Well, Chairman East. ernmentwide reduction in costs where RANGEL has put forward a plan that is This is the most convoluted scenario we were tightening our belts and doing not the only plan that’s going to be that you almost think you’ve got to the right thing and being fiscally re- discussed. It’s not the only plan that’s read a Tom Clancy novel to drum it up. sponsible and we happen to lower the going to be offered, but it’s the start- And then when you look at the prior- costs in the consumer safety section by ing point for the discussion, and he has ities that aren’t getting funded here reducing some payroll over there. This said that this needs to be a permanent that we’re now trying to fund, and on was the biggest spending administra- fix. And I know in the other body the House floor today we had the mi- tion and the biggest spending Congress they’re having the same discussion, nority leader, we had the minority in the history of the country. that it needs to be a permanent fix. We whip, we had all the leadership of the Mr. RYAN of Ohio. Right. can’t continue to do this year after Republican Party tell us how somehow Mr. ALTMIRE. As the gentleman year after year, and it just gets more funding education, lowering tuition points out, it’s a matter of setting pri- expensive. costs, reducing the amount of student orities. It’s not as though they were So this is the starting point. We have debt that our students are going to lowering the cost of government across to think about that when we talk have to incur, funding community the board. They picked and chose what about tax policy, that this is unmis- health clinics is somehow not an im- they wanted to lower, and one of the takable that we have to deal with the portant priority, that somehow if we issues they thought wasn’t important AMT. put all these bills together with the de- and we didn’t need to deal with was Mr. MURPHY of Connecticut. We’ve fense bill and the veterans bill and edu- consumer safety. got to decide how we’re going to fix it. cation bill and health bill, that some- Now, I think we would all agree that Everybody on this side of the aisle and how those aren’t all American prior- consumer safety is incredibly impor- some of our friends in the Senate can ities, that somehow when these vets tant and especially what’s happening sort of live in this. get back, that because all these bills with the Chinese imported toys, and to Fantasyland where we’re just going are somehow put together in a process have dramatically less people working to do more of the same; let’s fix this al- that’s going to speed this whole thing in that department this year than we ternative minimum tax for middle- up, that somehow when those vets get did last year, than we did 5 and 6 and class taxpayers, and guess what, let’s back, they don’t need health care, their 7 years ago is outrageous. just do it by borrowing more money. kids don’t need health care. Somehow But I did want to put it in perspec- That’s the way I think a lot of people when the vets get back that they don’t tive that we are raising the debt in- in the place would like to do, more of need education, they don’t need in- credibly, $3 trillion and counting in the the same, borrow money in order to cut creased Pell Grants to send their kids last 7 years of this administration. taxes. to school. Mr. RYAN of Ohio. We haven’t bor- You can’t do that anymore. You Am I missing something here? Like rowed money to make sure that we can can’t do that for the next generation is these vets are out fighting for our free- hire enough people in the Consumer going to end up paying all that money dom here, just for a defense bill, or just Product Safety Commission to make back. You can’t do that because you for a vets bill, that they’re somehow sure our toys are safe coming in from can’t exacerbate the existing trend, not fighting for some of these basic, China. We’re borrowing money to give which has countries like Japan and fundamental American values that we the top percent a tax break, people China and OPEC nations, and Taiwan have. And look what’s going on back at making millions and millions and mil- and Korea and Hong Kong and Ger- the ranch when our friends are playing lions of dollars a year, and hey, if you many owning all this American cur- around with the budget, not wanting to make millions, God bless you, but now rency. pass legislation, passing tax cuts for we’re in a position where we don’t have You’ve got to stop this. You’ve got to the top 1 percent, look at the hole enough employees to monitor the toys stop the madness of borrowing. So the we’ve gotten into. coming into the country and we’re giv- way you do that is to be honest about Now, this is something that is very ing multimillionaires a tax break. how you pay for the alternative min- important to me, and I remember a few We’re borrowing the money from imum tax, and we’re going to have to weeks ago I was at my brother’s house China, which is pretty interesting deal with some choices here. who has two young kids, Dominic and when you think about all these toys The Republican Congress for years Nicky. One’s 1 and one’s 2. And my sis- coming in from China, that we’re bor- made this choice. They could have ter-in-law said it’s scary about these rowing the money to fund the war and fixed the alternative minimum tax. In- toys. I remember her saying that. the tax breaks from China. So China’s stead, they gave away more and more Here’s from 2001, and it goes up as the now our bank. So now they, of course, and more tax breaks to their super, years come, the amount of imported want their products coming into the ultrarich friends and their oil compa- toys coming from China. Okay. Over country. nies and drug companies and everybody here, the yellow line that drops off, So, now all of the sudden, things like else who did well here. We’re going to that is the number of Consumer Prod- the reduction in employees at the Con- make some different choices. uct Safety Commission employees sumer Product Safety Commission hap- We’re going to actually balance the going down. So we only have 400. As pens because the Republican House and Federal budget in 5 years. We’re going the number of imports from China and Senate and the White House have got to give some tax relief, badly needed, toys come into our country goes up, us so dependent. to the middle class, and you know the Bush administration has reduced You mind if I go through here? I what? We’re going to stop that policy the number of Consumer Product Safe- don’t even know what these toys are. I of giving away tax breaks to folks that ty employees to actually monitor these see them on my brother and sister-in- don’t need it. toys. Same thing’s going on with food. law’s floor. You’ll know soon. You’re Mr. RYAN of Ohio. Mr. Speaker, if I So when you look at these mixed pri- newly wed. can intervene here, I mean, you look at orities, you know, sometimes we think, The football bobblehead cake decora- the money that we’re borrowing and well, the war’s going on in a far-off tion. Okay. These are toys that have then we’re giving tax cuts. So it’s not place or it doesn’t affect me. If you’ve been recalled due to lead. This has a that we have the money laying around got kids and you’ve got toys, this irre- Patriots bobblehead.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.155 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12373 Mr. MURPHY of Connecticut. That using out there have levels of lead that number of toys that we imported, this was not me. I’m a Giants fan. That’s might be as much as 100 times over the is the number of toys that were re- hard to explain. Federal standard. called, is 20 million, 20 million toys Mr. RYAN of Wisconsin. We’ve got a I mean, this is dangerous stuff. just from China that were recalled this Rudy Guiliani situation here. So Ms. Nord comes before the Con- year, and we have one employee at the Purple Halloween pails with witch gress to be held accountable, first time Consumer Product Safety Commission decorations. We’ve got the Sponge Bob that’s ever happened on this issue, I that’s reviewing those toys. Square Pants Address Book and Jour- mean, finally we are bringing these bu- But we may have people out there nal. We’ve got the Thomas and Friends reaucrats in front of Congress to ask that are watching us tonight that say, Wooden Railway toys. We’ve got the these questions, and she says that she well, I don’t have kids, I don’t have Go Diego Go Animal Rescue Boats. doesn’t have the resources to do her job toys. It doesn’t affect me. Let me tell Very Cute Expressions. Children’s toys and that there is one, quote, lonely toy you, it does affect you. Let’s talk gardening tools and the Robbie Ducky tester in her office, one lonely toy test- about food safety and let’s talk about Kids watering can. er who is responsible for the flood of what’s happening right now with re- Mr. ALTMIRE. I have two little girls, millions, probably hundreds of millions gard to that. 8 and 6, Natalie and Grace, and I have of toys coming in from China. Just with China, recalls this past in my home some of those toys. I can When you think of the choices that year ranged from bag spinach and pea- tell you as a parent these are not toys have been made to give these massive nut butter to contaminated wheat that are fringe. You talk about Sponge tax breaks to the wealthy, to oil com- flour, all from China. That has brought Bob Square Pants and Dora and Thom- panies, to put our troops in harm’s way fear to the Nation’s kitchen tables. We as the Tank Engine, those are main- in Iraq for a policy that’s making this have tainted food coming in from stream toys. Those are in families and country less safe, not more safe, and China as well. houses all across this country. And to what we got for all of that was one per- I am not going to test my friends think that the Consumer Product Safe- son who is charged with making sure from Ohio and Connecticut, but I will ty Commission doesn’t have the re- that our kids don’t get poisoned by tell you up front, less than 1 percent of sources to adequately monitor these toys over here, it boggles the mind. our food imports are inspected. That is toys coming in with exaggerated levels Mr. RYAN of Ohio. When you think a shocking number. That surprised me. about hundreds of millions of dollars of lead, dangerous levels of lead from Mr. RYAN of Ohio. How about the worth of trailers sitting in the gulf the Chinese, as a parent it makes me President the other day? This drove me coast that never got used for Katrina, very angry, but as an American it crazy. He says, Congress is wasting when you think about all the wasted, makes me angry because I know all their time with all these hearings. It unbid contracts through FEMA, to Hal- across the country there’s kids right ceases to amaze me anymore that we liburton, and in the war, I mean, hun- now that are playing with those very try to pass children’s health care, and dreds, hundreds of millions of dollars, toys. the President says, well, they can go to billions of dollars. Mr. MURPHY of Connecticut. I really the emergency room. We are trying to Then all of a sudden we find that we appreciate the analogy Mr. RYAN have oversight so that we can have real have these regulatory issues, this is se- makes about the choices we’re making. product safety, safeguards up for food, curity, this is economic security. This We don’t want to borrow any money. and you are having all these hearings. is family security, when you hear We want to actually be honest about We are trying to oversee what’s going Democrats talking about securing the how you spend. I think it’s a great on in Iraq so we can, A, fix the prob- country, it doesn’t mean we want to point to make again that this adminis- lems we are having, but, B, finding all start a war, it means we want to pro- tration and the Congress that used to of these billions of dollars that have tect the homeland, and border security, control this body was making this been going to these nonbid contracts family security, food safety, toy safety, choice. and the jobs are not actually getting product safety, these are things that it 2045 done. Then he said, oh, you are having b is our responsibility, as Members of all these hearings. You sort of put it to the average Congress, to take care of. You have American living in Ohio or suburban people sitting in towns and cities and Then he said today, about the SCHIP Pennsylvania or Connecticut that if counties all over the United States bill, I don’t know if you heard this, but you had a choice to spend money and that are very, very concerned with this he said, Congress is trying to pass this give an extra $100,000 to that really issue. health care bill for kids, but it’s really rich guy who lives up on the hill or you To have a person who is in charge of a trick. He said it was a trick. This is could spend that money to make sure these kinds of things say we only have not a trick. This is us trying to pass that the Sponge Bob toys that your kid one person who is in charge of toy in- health care for kids. He thinks it is is playing with don’t have levels of lead spection, and we don’t need any more somehow cute to say that on Hal- 100 times over the Federal standard, I money to do it is a complete derelic- loween that this is somehow a trick. mean, that’s kind of a laughable ques- tion of duty, of our responsibility here. Mr. ALTMIRE. I appreciate that. I tion, like the premise, you know, you When you look at what we are trying want to talk about one of those hear- would be laughed out of the room by to do at every single turn, from raising ings that we are talking about, the most parents for that. Of course you the minimum wage to reducing college oversight hearings the President says should put more testers and more prod- costs, to ensuring product safety, to is a waste of time. uct safety employees in the Federal ensuring food safety, this is about eco- Well, I would ask the American peo- Government. nomic security. This is about homeland ple if they think that the House Home- What we find out, when the head of security. You know, 50,000 new cops on land Security Subcommittee on this organization, when the director of the beat, first responder funding. I Emerging Threats has a hearing to in- the Consumer Product Safety Commis- mean, these are all things that we have vestigate the Federal Government’s ef- sion comes and testifies about what’s been pushing and our friends, many of forts to protect our food supply chain, going on, why do we have 20 million them on the other side, are obstructing and the issue that I talked about where toys manufactured in China that were this from getting done. 1 percent of our food imports are in- recalled this summer? Why do we have Mr. ALTMIRE. I wanted to do a cou- spected, I don’t think that’s a waste of that long list that Mr. RYAN puts up? ple of things. I wanted to talk about our time. I don’t think the gentleman Why do we have just recently a press that one lonely toy inspector. thinks that’s a waste of our time. release dated today from the Consumer Mr. RYAN of Ohio. Do it. Mr. MURPHY of Connecticut. Let me Product Safety Commission calling for Mr. ALTMIRE. I know the gentleman give you a quote that comes out in one a recall of these fake teeth that kids didn’t have the number in front of him of these oversight hearings. use, and a lot of them use on Hal- when he was talking about it, the num- Mr. ALTMIRE. I yield to the gen- loween. Well, it turns out that about ber of toys just from China that were tleman from Connecticut, the New 43,000 of these fake teeth that kids are recalled last year. This is this year, the York Giants fan.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.156 H31OCPT1 cnoel on PRODPC60 with HOUSE H12374 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Mr. MURPHY of Connecticut. I will they are having Thanksgiving dinner, cause of salmonella, just to show you explain this to you later. It’s very com- have a lot of knowledge and confidence how across the board this is. We had 9.5 plicated. I reject the notion that just in how the government is admin- million bottles of Listerine that were because a team calls itself after a big istering these programs. recalled due to a microbial contamina- geographical area that I have to re- Mr. MURPHY of Connecticut. Now tion, and that was in April. form. I live in Connecticut, just be- that we are starting to shed some light Throughout this list, month after cause they call themselves the New on what’s going on out there, the month, there are multiple recalls in- England Patriots, but that’s for an- charts that you put up about the volving millions of pounds of ground other time. amount of imports into this country beef for a variety of illnesses that it Mr. RYAN of Ohio. We should have a for unsafe toys and the incredibly caused, so ground beef, and from a hearing on that. quick decline and the amount of people number of different countries that we Mr. MURPHY of Connecticut. Let me that are charged with inspecting those are talking about importing. give you a quote that comes from one toys, I mean, that’s out there now. You We have food recalls involving apple of these hearings and you decide, we would think that now that we finally juice, 113,000 units of apple juice were will let the public decide and our col- shed some sunlight on the issue of un- recalled in August. leagues decide whether or not this is safe toys and unsafe food and the num- Then, lastly, everything up through good information that maybe we ber of people that are at risk and the pot pies, we just had this month, they should have out there. problems with our current regulatory were recalling pot pies due to sal- David Kessler, who is the former processes, that we could all come to- monella contamination. So when we FDA official and one of the acknowl- gether and work on this now. talk about 1 percent of the food im- edged experts on food safety in this But what happens? Yet more obsti- ports into this country are inspected, country, Kessler says, ‘‘We have no nacy from this administration, yet it affects our entire food supply. Yes, structure,’’ in this country, ‘‘for pre- more closing of their eyes and their this is a health issue, but this is also a venting food-borne illness. The reality ears to this problem. The Senate and national security issue. That’s why we is that there is currently no mandate, the House are both working on reform are having some of these hearings that no leadership, no resources, nor sci- pieces of legislation that will give new we are talking about. entific research base for prevention of powers, new duties and new resources b 2100 food safety problems.’’ to these commissions, in particular to I think that’s probably information the Consumer Product Safety Commis- And I’m very grateful that we have that we should know, that one of the sion. been joined by the distinguished col- leading officials, one of the leading ex- That same director that we are talk- league of ours from Florida, Miami, perts on food safety and food regula- ing about, the person that runs the Mr. KENDRICK MEEK; and I would, at tion in this country believes that we Consumer Product Safety Commission, this time, yield to him. have absolutely no ability to control came and testified before Congress that Mr. MEEK of Florida. Thank you so the quality of food coming into this she doesn’t want any more powers. She very much, Mr. ALTMIRE. I was very country. doesn’t want any more protection that pleased to have had the first half of He knows what we know, the amount she can afford the consumers, that she this hour to trick-or-treat with my of inspections has dropped precipi- would rather see the status quo, effec- kids. We had a great time. And my tously. We did about 50,000 food inspec- tively, is what her testimony is. Even daughter was some very scary—I don’t tions in 1972. We do 5,000 now in 2000. now that the American public has know what her, she couldn’t quite ex- We have dropped by 90 percent over the awoken to this problem, that this Con- plain to me what she was, but I asked last 30 years the amount of food inspec- gress finally is talking about it, we what, I mean, What are you? She said, tions we do. still have an administration that says, I’m your daughter. So that was like, We have these experts out there who I don’t want to do anything more. I okay, I won’t ask any more questions. had these opinions that they couldn’t don’t want any more power. I don’t My son was a Secret Service Agent, so share because Congress wasn’t doing want any more resources. I just want I was well protected. oversight. Congress wasn’t bringing be- things to be as they are. I want to close Let me just say, gentlemen, and I fore it the people who knew what was my eyes and my ears and hope the think it’s important for the Members going on out there, knew the risk that problem goes away. That can’t be how to pay very close attention to what the American public was being put at, we do things going forward. we’ve shared with them, and I’m so they weren’t being asked to come here Mr. ALTMIRE. I want to put this in glad that we are heading towards safer and express those opinions to Congress. perspective. I would like to bring this toys, safer food, safer medicine. Too We are getting them now. down to the level of the average family many times in the news we hear about Mr. RYAN of Ohio. We are getting and what they are consuming when we how loose we are with other countries them now, and, of course, it’s impor- are talking about some of these recalls being able to not have standards and tant to recognize that you probably with regard to food safety, and so peo- quality control in place, and it ends up can’t monitor every piece of corn ple can understand at home what we affecting everyday Americans, and it that’s coming into the country or are talking about. disrupts business. We have rumors every product that’s coming into the I have a list in front of me, and I about things being unsafe, and it’s country. But what happens is if you do won’t read through it all, because it’s making Americans feel more uneasy have a significant presence, one is in an incredibly long list, unfortunately, about it. And Mr. ALTMIRE, I’m not one random inspections, there will be a the recalls that have taken place just to make a, you know, start fire alarms general consensus among people ship- this year. Just this year. We are at the and carrying on and scaring people, but ping food into your country that there end of October, the last day of October, it is pretty scary, the fact that we do will be inspections, and they may get today. have, in some cases, as it relates to caught if they do not keep meeting the But a couple of the big ones that those that certify the toys that can standards. stand out, I am sure everybody remem- come in and out the United States of But at the same exact time, what bers back in February the peanut but- America as relates to safety and set- this does here is if people are getting ter recall due to salmonella contami- ting requirements for children, it’s just busted for sending food in from China, nation, huge issue, people were one person running that office. And then all of a sudden you are going to sickened all across the country. The we’re the biggest democracy or one of see production increases here in the level of that recall, 326 million pounds the superpowers of the world, one of United States, whether it’s toys being of peanut butter across the country, the biggest democracies. And I think manufactured or maybe something and that, primarily, would affect chil- it’s important that we shed light on else. So it’s very important. dren, children eating their peanut but- this. The people count on this Congress This is about safety. This is about ter. to govern. I think the reason why it protecting our kids. This is about mak- We had a 55,000 cantaloupe recall. hasn’t happened to this point, of the ing sure that our families have, when Now, that came from Costa Rica, be- cozy relationship that the previous

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.157 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12375 Congress has had with the business your idea to get it. But this is the derfully nice guy. But he sits in his of- community, even when those that are chart of the number of toys being im- fice at his desk and he takes toys and in the business community will fare far ported into the country and the num- he drops them on the floor to see if better if we were to have the kind of ber of employees that are assigned to they’ll break. I mean, that’s what we standards and controls as it relates to protect the consumer. And so, much of got now. That’s what you got for these the importation of toys and food and this, much of these imports have been record deficits, for all the spending in medicine. I look forward to the debate. from China, and I don’t think it’s a co- Iraq, for breaks for oil companies and It’s very unfortunate, and let me just incidence that we want to somehow fa- drugs companies. You’ve got one guy say something, because I know Mr. cilitate business with this country, who drops toys from his desk and sees MURPHY said something a little earlier which is fine. We know we have to do if they’ll break. about, you know, now we’re moving in business in a global economy. But you Mr. RYAN of Ohio. We just need to, I this direction, we’re hearing some push don’t do it at the expense of the health, think, look back, and I say this with back from the administration. I’m not safety and welfare of your own citizens. the utmost respect, Mr. Speaker, be- a black man with a conspiracy theory, Mr. MEEK of Florida. I’m sorry. Will cause the President basically, yester- but I will say that there’s, I think the gentleman yield real quick? day, in his press conference, I think it there’s a push out of the administra- Mr. RYAN of Ohio. I would be happy was yesterday or maybe today, in his tion to see the Democratic Congress to yield. press conference basically was making not be as successful and not heading in Mr. MEEK of Florida. You know, Mr. fun of Congress for holding hearings, a new direction as the American people RYAN, again, I don’t have a conspiracy making fun of us. But when you look voted for. I think some politics has theory, but, hold that chart. Don’t do at what we’re holding hearings on, something to do with this. It’s very un- away with that chart. You can pass it we’re trying to fix problems that we fortunate, especially when we’re look- over here. I just want to make a point have in the country. So we’re having ing at this kind of legislation, Mr. here. hearings on FEMA and the disaster ALTMIRE and Mr. RYAN. I think it’s im- It’s interesting that everything that we all saw on TV at the gulf coast. portant that everyone pay very close seems to have happened in 2000. Look We’re having hearings on Iraq, the attention to the new direction agenda, where it was in 2000 and look what hap- unbid contracts, the problems that that this card continues to get more pened since then. I wonder who’s been we’re having there, the wasteful spend- and more on it as it relates to accom- in charge of the country starting in ing, the billions of dollars that the plishment. And, Mr. Speaker, it’s a bi- 2000. I mean, we’re not speaking, I’m Pentagon doesn’t know where it is. partisan accomplishment. That’s the not, you know, I’m not trying to say We’re trying to have hearings to find good thing about it. We have Repub- anything. I’m not talking about any- out what’s going on. Hearings on toys. licans voting for Democratic bills. body. I’m just talking about what I’m I mean, we’re trying to figure out how They would have voted for it all along talking about. And the real issue here do we fund this, how do we have enough if the Republican leadership allowed is the fact that, I said that, it made as consumer product safety workers here that legislation to come to the floor. much sense as this chart is making in the country to make sure that our So I think it’s important, Members, sense right now, but the real issue is people are safe when you’re dealing that we continue to push on, that we that it’s been an ongoing issue. A lack with products or food. I mean, when continue to encourage our colleagues of regulation, a lack of, I mean, more the administration then continues to on the other side of the aisle to join us freedom as it relates to China doing make light of these very serious con- in accomplishing what the American what it wants, what it would like to do. cerns, it’s troubling to us to somehow people wanted us to accomplish. Inde- The TAA bill passed off the floor say that we’re holding hearings, which pendent voters, Republican voters, today to give U.S. workers an oppor- is our constitutional duty. Article I, Democratic voters, reform party, what tunity to be retrained, which was very, section 1 of the Constitution created have you, they’re looking for results. very important. It was important to this body. They’re not looking for back-and-forth the States, and it’s important that we So, again, we have Katrina, we have on my idea is better than yours and bring some sort of balance back to this. the war, we have toys, we have pass- nothing ever happens. So I’m just hon- It’s nothing wrong with a global econ- ports, FEMA, we have all of these ored to be down on the floor with you omy. But it’s everything wrong when issues that we’re dealing with in this Members here. we allow other countries to have the country. I’m sorry if we’re trying to Mr. RYAN, I’m honored always to be upper hand on U.S. companies and also solve these problems. here with you, sir. I mean, a very im- U.S. workers, and we have to have the I yield to my friend. portant member of the Appropriations standards in place. Mr. ALTMIRE. I thank the gen- Committee, he had a couple of bills But thank you, sir. This wasn’t my tleman from Ohio. I have people all the pass off the floor today. It’s great. idea to do this chart. I will not take time in my district, Mr. Speaker, that Mr. RYAN of Ohio. Well, you know, credit for it. But I just wanted to let come up to me and talk about that one of the things we talked about while you know. passport issue that Mr. RYAN men- you were out trick-or-treating was the Mr. RYAN of Ohio. Well, I know you tioned. We had hundreds and hundreds connection between the money that have a lot of good ideas. of travelers over the summer months has been borrowed by the past three Mr. MEEK of Florida. I have a lot of that needed the help through our of- Congresses and the administration great ideas. fice, and I’m sure you had the same ex- from China, that’s now our bank, and Mr. MURPHY of Connecticut. Let me perience because of that 500,000-case how their exports have been facilitated read, Mr. MEEK, to you from a, you backlog at the State Department. They into this country, in this instance, the guys all say third-party verifiers, were unable to deal with it. They put toys. So it’s very difficult, I think, right? Validators. Kind of means the forward this regulation. They didn’t from a perspective of someone who’s same thing. Half a dozen, six. So this is have the resources to deal with it, very borrowing money from a country to from a report called Toxic Trade done similar to what we’re talking about say, hey, wait a minute; we’ve got by the Campaign for America’s Future, with the Product Safety Commission. some real issues with doing business and we’ll go back to this problem that These are the types of things that we with you. It becomes very difficult. we have at the CPSC regarding toy are holding hearings on. We’re trying And so I think our position with China, testers. It says this: The agency’s toy to get to the bottom of it. And when borrowing the money, the OPEC coun- testing department, it’s lab hasn’t been the President talks about, well, we’re tries and many, many others, has put modernized since 1975, and the depart- wasting our time by holding our hear- us at a significant position of weakness ment consists of one man who drops ings, I’m not sure what his inference is. in dealing with a variety of foreign pol- toys on the floor in his office to see if I’m not sure what he would have us be icy issues, but also dealing with issues they’ll break. I mean, that’s it. There doing, because it’s not as though we like this. you go. I mean, that’s the toy testing haven’t been doing our work here in Now, I showed this chart earlier, Mr. regimen of the United States Govern- this Chamber, because tomorrow, we MEEK, and I know, I think this was ment is a guy, and I’m sure he’s a won- begin the 11th month of the year, and

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.159 H31OCPT1 cnoel on PRODPC60 with HOUSE H12376 CONGRESSIONAL RECORD — HOUSE October 31, 2007 through the first 10 months, as the gen- is the same administration that told us several appropriations bills together. If tleman knows, this Congress, the 110th that we had to go to war, weapons of you ask people in our districts, the Congress, compared to any other Con- mass destruction. This is the same ad- whole process is foreign to them any- gress in the history of the country, the ministration that outed a CIA agent. I way. It’s just get the job done. And 109 that came before us, through this mean, this is proven stuff. This is not when we look back at our Republicans date and time, this Congress has met fiction. This is fact. And I always say, friends, Mr. Speaker, when they were more often and taken more votes than gentlemen and ladies, that when people in charge, on 59 different occasions, any Congress in the history of the look back on this period, they’re going had put bills together like we’re trying country, bar none. So for the President to see who was actually about the solu- to do. And so I think it’s important. to insinuate that we’re holding these tion and who was actually validating We are trying to get the job done. But hearings and doing nothing else, again, what the administration has been this is not every Republican. This is, in it’s inconsistent with the facts. doing. And I think that it’s important my estimation, some very fringe, ex- Mr. RYAN of Ohio. If the gentleman for us to have this balance. And I think treme members of the Republican would yield, it’s, I mean, we’re obvi- it’s important for us because we, the Party who are basically backing the ously in a very complicated world. four of us here on this floor right now, President on these things, and he has We’re trying to solve some very com- we’re just like every other Joe and Sue just enough Members on the Repub- plicated problems. And the frustrating out there. I mean, I was a skycap once lican side to sustain a veto. part is when you have the President of upon a time and a State trooper. And Mr. MEEK of Florida. In the House. the United States have a series of com- you know, I carried luggage, ‘‘Yes, Mr. RYAN of Ohio. In the House. Mr. ALTMIRE. I know we’re very ments throughout his administration sir,’’ ‘‘No, sir.’’ I went out and pa- short on time; so we’ll turn it over to that have basically, you know, sim- trolled the highways and byways in the plified all of these issues. You know, Mr. MURPHY shortly to close out. State of Florida and offered myself to But you talked about combining after 9/11 the big great challenge he be a State Representative. these appropriations bills and the criti- gave us, Mr. Speaker, was to go shop- b 2115 cism that we received from the other ping. You know, we try to pass chil- side. I wanted to remind my colleagues dren’s health care and he says, well, I had a district office right there and of the last time that this happened. It you can get health care at the emer- went to Tallahassee and did what I had was very recently. We shouldn’t need gency room. And then, Mr. MEEK, at to do. Many of you, the same track as to remind them. It was just in Feb- his press conference today, he said that it relates to the State legislature or local elected officials, and we heard ruary. And the reason we had to com- our whole children, SCHIP, trying to bine nine appropriations bills from last cover 10 million people program was a this. So now we’re the same old Joe that left our local districts. Now we are year in this session of Congress was be- trick on the American people. These cause, after the outcome of the elec- are, you know, we’re wasting time in Congress, and we are going to ask the questions that the people that we tions in 2006, the Republican Congress holding hearings. said, I’m done, I’m going home. I don’t There are very serious issues that our represent will ask us. When I go home care about these nine appropriations families are dealing with, and to have and I go to the grocery store, people bills. We’ll leave it for the next group the President of the United States, the ask me, What is going on? What do you mean? The President doesn’t want it to to fix. And that is what we had to deal most powerful man in the free world, with when we came in, nine appropria- someone who is able to stop children’s happen. I said, it’s not about the Presi- dent’s standing against children’s tions bills that were not completed health care from being administered in from the previous fiscal year. We were this country to 10 million kids, some- health care insurance; it’s about enough Republicans on the other side in the current fiscal year doing last one who’s able to veto bills, and you year’s work. So I couldn’t believe what of the aisle that are standing with him, need to rally, you know, a lot more I was hearing today on the floor when and that’s what it’s about. Members of Congress in order to pass we were being criticized for combining something, to try to simplify and make And so I think it’s important, gentle- men, that we look at it from that three appropriations bills in the cur- light, and I like to have as much fun as rent fiscal year when they left us with standpoint. The President is not run- anybody else and we have our share of nine bills incomplete that we had to ning for reelection, but there are Mem- fun here, but we’re dealing with some deal with. pretty serious issues. That the Presi- bers of Congress that are running for Mr. RYAN of Ohio. It’s the same dis- dent’s behavior and tone and tempera- reelection. And it should not be a se- jointed kind of argument that the ment and comments on these issues be- cret that come next November on a President, Mr. Speaker, has given us on comes very frustrating. Tuesday morning or before as it relates the SCHIP bill. This is 10 million kids, I yield to my friend. to early voting, absentee voting, people $35 billion over 5 years. We could pay Mr. MEEK of Florida. Thank you, will be able to stand in judgment of the for these 10 million kids to get health Mr. RYAN. Personally, I’m just kind of individuals that are validating what care for a whole year for 40 days in glad that the President’s criticizing the President is saying. Iraq. And the President, who has run the Congress for doing what we should So it’s really like which side of the up $3 trillion in debt, borrowed it from do. The American people voted for a ball are you on? Are you on the side of China, raised the debt limit five times, new direction. We have the fruits of the fiction or are you on the side of fact? is now going to draw the line in the new direction here in these very new The fact is about accomplishing things sand on fiscal responsibility on 40 days Members of Congress as it relates to with the Democratic majority and in Iraq to provide health care for 10 the majority makers giving us, empow- some Republicans joining us in that ef- million kids. I mean, there are so many ering those of us that have been here, fort, which I enjoy because we talk disjointed arguments and floating and they’re bringing ideas to the table about bipartisanship and we are actu- pieces that are going around here that as it relates to moving in a new direc- ally doing it, or those that are saying just don’t make a whole lot of sense to tion. If I was the President, I would try we have to stand in the way because we many of us. to, you know, shut off the light bill can’t allow the American people to see I hope that we can try to continue to over here at the Capitol so that we can a Congress that’s functioning and ques- push to get more Members on the other stop working so that we can stop un- tioning the executive branch. side of the aisle to join with us to do covering half of what’s going on. Mr. RYAN of Ohio. Can I make a some pretty basic things that the I mean, Mr. RYAN, you gave one, you point too? And I want to say this be- American people want us to do. have one of the best clips on YouTube cause we all have a lot of good friends Mr. MURPHY of Connecticut. Thank saying this is the same administration, who are on the other side who have you, Mr. RYAN. and he goes down the line because voted for the Labor-Health-Education I have to say, Mr. Speaker, it has someone on the floor, I think, last year appropriations bill, voted for defense, been an honor to stand in the shoes of or the year before last criticized Demo- voted for the vets; and the argument Mr. MEEK and get to anchor this hour crats for questioning the President. being made today was that somehow today. I feel like a better person, a bet- And Mr. RYAN said, I’m sorry, but this this was unique that we are putting ter man for it.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.160 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12377 Mr. MEEK of Florida. If the gen- bill together and get it on the floor to What is America doing? We will talk tleman will yield, I wear a size 15. I help Americans meet their energy about that. don’t think that you probably can needs. America does not have an adequate stand in my shoes with your shoes on. Now, we have had some interesting sense of urgency about providing en- Mr. MURPHY of Connecticut. It things happen here. Speaker PELOSI ergy for America, affordable energy for would be pretty tight. forced the curator, those who run the America. We passed a bill in 2005 that With that, Mr. Speaker, we thank Capitol here, to switch from coal to gas had a lot of positive incentives. But the Speaker PELOSI for allowing us this so we could lessen our carbon imprint. problem is when you pass a bill, it’s time. We can always be found at 30– Now, that’s going to cost the taxpayers years before you have production of en- Something Working Group on the $3 or $4 million because gas is the ergy. And many of the incentives that Speaker’s Web site, www.speaker.gov. clean, green fuel and she thought it were in that bill, many of the things f was better that we heat the Capitol that were helping us produce more en- with gas and not coal. Now, what is in- ergy are now being tried to be rolled WHAT IS CONGRESS’ PLAN FOR teresting is it would seem like we back by the Democrat bills that are AFFORDABLE ENERGY? should be about conserving. I haven’t going to come before us, that have The SPEAKER pro tempore (Mr. seen a dollar appropriated to put dou- come before us, and will come back be- ARCURI). Under the Speaker’s an- ble-pane windows in all of the Capitol fore us again in a conference report, nounced policy of January 18, 2007, the complex. Most of them are single-pane and we will talk about that in more de- gentleman from Pennsylvania (Mr. PE- glass. Now, most of us at home have tail. TERSON) is recognized for 60 minutes. done better than that. My office build- What does America want us to do? Mr. PETERSON of Pennsylvania. Mr. ing, single-pane glass. On a cold winter Well, the Americans I talk to, they Speaker, I rise tonight to talk about a day it frosts right up. It transmits lots want to be able to afford to heat their different subject than you’ve been of heat out, lots of heat in. Depending homes and drive a decent car. They’d hearing about, one that I think should on where the heat is, it goes right like to be able to afford to buy food and be talked about in the halls of Congress through single-pane glass. But other things after they pay their en- here: What is Congress doing about wouldn’t it make more sense to con- ergy bills. available, affordable energy for Amer- serve energy in the Capitol complex Now, these energy bills that have ica? and do energy efficient windows and been passed some months ago have I know it’s Halloween, but when we doors? No, we just switched fuels and been languishing. I haven’t heard much find out the price of oil today on the spent an extra $4 million so our carbon discussion. In fact, I haven’t heard of a market, we are all going to think it’s a imprint was less. conference committee meeting. Halloween joke. Now, we have also mandated that all b 2130 First, I want to show the record of oil government agencies, including our- It doesn’t seem like 3 weeks ago prices, of how they have been rising. selves, use those little round fluores- when we had $80 oil; that was enough Now, this doesn’t show the spikes up cent screw-in light bulbs. I have some sense of urgency. It doesn’t seem like and down all along. These are annual at home. My wife doesn’t like them. I last week when we had $90 oil; that was average prices. don’t like them if it’s a reading light. enough sense of urgency. And here we Just last week I was here speaking At least they vary. They are not the are at $94.53 oil, and that doesn’t seem and we were at $90. But today I think same quality of the incandescent bulb like enough sense of urgency. Now, we’re off this chart because at the close we are used to. We’re spoiled. But we reading the Wall Street Journal today, of business on Wall Street today, oil have mandated those in every appro- the article was scary, it said, ‘‘We was $94.53 a barrel. priations bill this year, and what’s dis- don’t expect oil to stop at 100.’’ I don’t know about you, but that puts appointing, though, is that they are all Now, I expected energy to get expen- fear in my heart. The winter season is made in China. We are mandating that sive this year. I’ve been predicting it. coming. People are going to need to our light bulbs come from China. And I had someone say, How did you keep their homes heated. People are Now, while we talk about energy, we know that? And I said, You’ve just got going to need fuel to drive their cars. can talk about why we have such high to be watching what’s going on. The American economy is going to prices. I want to switch charts here. There’s an oil shortage in the world. need affordable energy to compete in And here we have a chart of the per- There is tremendous demand because the global economy. On October 31, centage of imports for America. Now, all the developing countries are now 2007, oil closed at $94.53. this chart is a little behind. It actually driving cars and have factories and are Now, 6 years ago, it doesn’t show it is almost up to 70 now. Every year we using energy. And specifically the big on the chart, but 6 years ago, natural increase dependence on foreign, unsta- ones, like China and India, their econo- gas was $2 a thousand; now it’s $8. Oil ble countries by 2 percent. That’s in mies are growing at record paces, are was $16. This is a 600 percent increase the last decade. Every year. I think consuming a lot of energy. And we’re in oil prices in just 6 years. that number is going to increase, and I going to be competing with them down Is it an issue? It hasn’t been men- will explain to you why later, that it the road. tioned here today. It wasn’t mentioned may even go up faster. What scares me, and I’m going to put here yesterday. It wasn’t debated last Now, while we are becoming more $94.53 back up here, because that’s cor- week. We are going to have record high and more dependent on foreign oil, we rect. Here is what’s scary about $94.53 home heating oil prices for those heat- have countries like China and India, oil. We, for the first time in many ing their homes, record high diesel and this is one of the reasons for high years, have not had a storm in the gulf. prices for those who are transporting energy prices today. We have always Every time we have a major storm in our goods up and down the highways, been the only big user. We have always the gulf, it reduces supply of oil and and so I guess the fair question is, what been the big dog economically. Well, gas; about 40 percent of our energy is Congress’s plan for affordable energy we’re one of the pack now. There are a comes from the gulf. So when a storm for America? lot of big dogs out there. China and In- like Katrina or Rita hits the gulf, or Months ago I was down here on the dia’s energy use is increasing between even one not as severe as them, it floor and debated the House bill. The 15 and 20 percent a year. They are shuts in a lot of oil for weeks and House passed a bill. We’ll talk about it building a coal plant in China every 5 months, and any damage that’s done to later in content. And simultaneously a days. They are opening a new nuclear rigs or refineries or pipelines or proc- little later, and the Senate is usually a plant for electricity every month. They essing stations for the gas, it just shuts little behind, they passed a bill. Now, are building the largest hydrodams down capacity. We get a lot less energy you would think with energy prices ever known in the world routinely. after a Katrina. Some of those were not spiking to record levels, there would be They are buying up oil and gas reserves repaired for 9 months to a year, and some sense of urgency in Congress. and making deals with other countries that energy is just lost. You just don’t There would be some sense of urgency all over the globe so that China has the get it because you have to keep pro- to get the Senate bill and the House energy it needs to run its country. ducing every day.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.161 H31OCPT1 cnoel on PRODPC60 with HOUSE H12378 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Now, we have not had, for the first fuel oil is already up there. It’s already edges, 85 percent of it, is not open to time in years, a storm in the gulf that higher, much higher. And home heat- production. Canada produces there, has disrupted any amount of supply. ing oil is much higher. Those who Great Britain produces there, Norway, That’s a record. We always have at didn’t fill their tank early this year for Sweden, Denmark, New Zealand, Aus- least one storm. And we still have a home heating have missed that oppor- tralia. Now those are all environ- few weeks left, but the season is get- tunity because those high prices are al- mentally sensitive countries; they all ting short. We have not had an unsta- ready there. produce there. Norway has become a ble country. And the fact that’s scary The question I ask, I was concerned, rich country because of their offshore with $94.53 oil is that now about 90 per- and there are those who I’ve talked oil finds. cent of the oil in the world, of known with that know a lot more than I felt And a lot of people talk about Brazil reserves, is not owned by companies, that $75 oil for any period of time being energy independent because of but is owned, produced, refined and would put America into a recession. ethanol. Ethanol was just a piece of the marketed by dictator, unstable, un- Now, that didn’t happen, because we’ve pie. Brazil also went offshore and pro- friendly governments. So a majority of had higher than 75 now for quite a duced their energy. America, for 26 the energy in the world is controlled by while. What figure can the American years, a combination of Presidential unfriendly, dictator-type governments. economy absorb and not go into reces- and congressional moratoriums from And if one of those tips over and their sion? All of our recessions have been producing energy on the Outer Conti- 3 million barrel a day is disrupted, energy driven, almost all of them. I nental Shelf, and many parts of the where will the price go? think maybe there was one that Midwest like this one are locked up, I asked one of the large energy pro- wasn’t, one or two. Every time we’ve too. And the legislation that’s coming ducers this week in my office, I said, had a recession in this country, and before us will lock it up some more. what if we have a storm in the gulf? they last for years, a lot of people lose Now, I don’t understand that. I don’t $120 oil in 2 days, a serious storm. And their jobs, employment slips, tax reve- understand where a six-inch hole in the this company knows because they nues are down, the government doesn’t ground with a steel casing producing produce there; they produce about one- have enough money to pay its bills, a oil or gas, and specifically clean nat- third of the gulf. What if a terrorist lot of Americans are hurting, unem- ural gas, is a threat to our environ- struck a sending port or a ship or a ployment rates go up. What figure can ment. All the studies show that off- major pipeline or a major refinery? America absorb and not have a reces- shore, the majority of the oil that’s Where will energy prices be? These are sion? Well, I don’t think we have any found is from leakage of ships or nat- all potentials. wiggle room. I don’t personally think ural seeps, because when oil is under And I have been predicting this, and we can handle this for a very long pe- high pressure underground, it will find I have energy experts tell me I’m prob- riod of time. I’m not the expert, but a its way to the surface. In fact, I come ably not wrong, we will read in the lot of people agree with me. from Titusville, Pennsylvania, the paper one of these days where China And I want to tell you, it’s almost home of the first oil well, Drake Well. has purchased the total supply of some guaranteed that this is not the ceiling. We’re all very proud of that. It changed country that normally sold us oil, and See, we don’t have a spike here because the world, it started the Industrial that oil will no longer be available to of a Katrina, a country tipping over, or Revolution. It started the new trans- us. some terrorist attack in the supply portation system. Oil that was trans- And on gasoline, we don’t produce line system. Things are kind of going portable, refinable, and it developed enough in this country. We don’t have along. Now, there is a lot of instability this country into the power it is today. enough refining capacity. Twenty per- in the world, but there is always lots of And it has the potential today of cent of our gasoline comes from Europe instability in the Middle East, so those making us a second-rate nation be- because when they switched to diesel, little tremors come and go. So, what cause we refuse to use our own energy they have excess gasoline capacity, so price can the American economy ab- and we’re forcing ourselves to purchase they sell us gasoline. And this spring, sorb? I don’t think much higher. from unstable, undependable countries when we had abnormally high gasoline The other thing that we don’t talk around the world. And their $95 oil, prices, we had 60-some-dollar oil and about is natural gas prices a lot be- they’re going to own us. we had $3 gasoline. And I was shaking cause people don’t realize that natural We just heard people talking here my head, what’s going on here? That’s gas prices are not like oil. This is a about them buying our debt. Yeah. Be- not normal. But that’s what was hap- world price. Natural gas prices are cause we’re spending so much of our re- pening. And so I checked, and here Eu- country by country. And for 6 years sources purchasing energy that we rope was short on gasoline. They didn’t now America has had one of the high- have, but we’ve locked it up. I just find have enough to sell us. And so there est natural gas prices in the world, and it amazing. was a shortage in the marketplace, and that puts all of the manufacturers in Now we’re going to look at the legis- of course Wall Street ran it up, abnor- this country who use it for heat and lation that should be coming, but there mally high prices. who use it as an ingredient, and we will doesn’t seem to be any sense of ur- Now, today, with $94.53 oil, or more talk a little more about that later, are gency. This is sort of a compilation of than $90 all week, if that translated at a tremendous disadvantage because the energy bills that have passed both into a market gasoline price, we’re of our continued very high natural gas the House and the Senate and have not probably talking somewhere between prices. been conferenced on. $3.39 a gallon for gasoline and $3.59 a Yes, it wasn’t very long ago, just 6 Now, first what we’re going to talk gallon of gasoline, depending on where years, that we had $2 gas and $16 oil, about is it locks up 9 trillion cubic feet you’re at in the country. That’s a long and today, we have $94.53 oil. And our of American natural gas. It cuts off ways above the $3 price that we’re ap- dependency is at 66 and will soon be 70. production from the Roan Plateau, a proaching right now. And that’s going America should be concerned about huge clean natural gas field in Colo- to come because 80-something-dollar that. rado that was set aside as a national oil will put us at $3.19, $3.29 gasoline; I remember people talking that, oil reserve in 1912 because of its rich $90 oil is going to push us up into the when oil was cheap and gas was cheap, energy resources for our future. This mid $3. And it’s just a matter of time use foreign oil. We will use theirs while means that 9 trillion cubic feet of nat- because, at the end of the summer driv- it’s cheap, and we will use ours when ural gas, more than all the natural gas ing season, when we switch the refin- it’s expensive. Well, theirs is expensive, the OCS bill that passed last Congress eries over to make it home heating oil, but we’re not using ours. was put off limits. there was a little surplus of gasoline in Here is the map that’s interesting. Roan Plateau has already gone the marketplace, and so it has held the These red circles are areas loaded with through NEPA. That’s the environ- price down. And when that burns off natural gas and oil, and they’re off lim- mental assessment that says it’s safe and there is none of that left, we will its to production. We’re the only coun- to do it, all done. It is ready for lease be paying a lot higher prices to drive try in the world that says our Outer sale. The provision was not in the our cars because the truck people, the Continental Shelf, that’s around the original bill when it came out of the

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.163 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12379 Resource Committee, but was added al- it’s a third of that, it’s huge, and it same treatment as cellulytic ethanol. I most with no debate, no hearings, and could eliminate our dependence on, and am for cellulytic ethanol, and this ad- no real serious discussion. Make sense? that’s the only reserve that I know of, ministration is funding six plants. It is No. that if we learn how to release it, could still in the test tube. We are still work- The next part here locks up 18 per- eliminate our foreign dependence on ing at it in the university laboratories, cent of our Federal onshore production energy. But that’s the only way. but I am for building those plants and of American natural gas. It cuts the streamlining this process. I think one b 2145 categoric exclusion provision. And I plant is going to try to make it out of will explain that a little in my terms. But that is the only way. This is garbage, another switchgrass, another I helped put that in in the 2005 energy more oil than the entire world has used cornstalks, another one is woody bio- bill. since oil was discovered at Drake well mass, but we need to be doing all those Redundant NEPAs allowed the anti- in my district 150 years ago. Mean- things. But to be not having an equal energy people from allowing the Amer- while, in China, they are busily devel- emphasis on coal to liquids, I fault this icans to produce energy. So, land would oping their oil shale fields. administration, and I fault this Con- be leased in the West, mostly in the The next one here locks up 10 million gress. Because that is the largest en- West, and 5 or 6 years later, after they barrels of oil from the National Petro- ergy source we have. We need to figure purchased the rights to it, they still leum Reserve in Alaska. That is, again, out how to use it cleanly. We need to weren’t producing it because they were an area that was set aside for produc- be developing, and again, curtail our required to do multiple NEPAs. They tion, set aside in 1923 for production of dependence on foreign countries. do a NEPA on the original plan. Then future energy needs in America. Then Now, we also have in the legislation they have to do a NEPA for the road the next one breaches legitimate legal a false expectation by mandating a 15 plan. Then they have to do a NEPA for offshore energy contracts, and I have percent of renewables to make elec- every site. And then for putting in the had several of those companies come in tricity. I wish that were doable. I production equipment, another NEPA. to me and say, hey, this is a contract. would vote for it if it was. I didn’t vote So year after year after year, a NEPA If Congress changes that, we are going for that. I voted against that amend- study takes about a year. So years to win in the Supreme Court because ment. I fought against that amend- later, they still didn’t have any produc- Congress doesn’t have the right. I am ment. We currently make 3 percent of tion. not saying I agree with these leases electricity with renewables because And so we said that one NEPA that and how they were done. They were they will not count hydro, only the covers all the aspects of producing en- done in the Clinton administration, but new hydro, and there is not much new ergy in that area should be done, and we have this legislation coming that is hydro coming down the line. So to go that should pass the test. And we going to override those. It won’t work. from 3 percent, they are going to allow shouldn’t do redundant NEPAs. But It will just delay the process. I am hop- cost savings of 4 percent, so that gets now they want to go back. ing that we can continue to negotiate us to 7, but the growth of wind and It locks up, this is huge, the third these leases and have them out of the solar is nowhere near enough in the one, 2 trillion barrels of American oil way. next decade or two to get us to 15 per- from western oil shale. Now, western The next one is really foolhardy. cent. oil shale, everybody knows, is a huge There are a lot of Members of Congress Now, what we are going to do is we oil reserve, and the underground can be who hate oil companies. This inflicts a are going to force those companies to tricky. We have oil companies on some $15 billion tax increase on the Amer- pay fines. Do you know who is going to of the private land they own there try- ican oil and gas industry. Seventy-five pay the fines? The electric rate users. ing to release this, and they think they to 80 percent of the energy in this Some States will come close because have a way to do it. It is somewhat country is not produced by Big Oil. It they have a lot of wind, and there are similar to the Canadian tar sands. The is produced by little companies. I have States that have solar. But most Canadian tar sands have been around two refineries in my district who will States will not. It should be an incen- since I was a kid. In fact, I have a now pay a higher tax than any other tive-type program. It should be a car- neighbor who bought rights to them company in Pennsylvania if this bill rot, not a stick. We should be many, many years ago, and he’s now becomes law because we are going to incentivizing renewables for elec- laughing because everybody wants to tax the production of energy with an tricity. But when you mandate 15 per- buy them at huge prices. And I don’t added tax over any other business. cent, and I have charts and graphs to know whether he has sold them yet or Now, when you are short on some- show that. I don’t have them with me not, but I was kind of stunned that he thing, and the prices are high, if you tonight. But there is no way to get was smart enough 30, 40 years ago to want to get less of it and make the there in the time frame they are ask- buy tar sands in Canada as an invest- prices higher, the sure remedy is to tax ing. ment. And today they’re producing 1.5 it. Well, they are going to tax it. I am I am going to change charts here and million barrels a day there. It’s just not going to, but they are going to tax talk just a little bit about current en- over the American border into Canada. it. ergy use in America. These don’t And their goal is to be up to 4 to 5 mil- Now, the next one down here, I am a change a lot. I have been watching lion barrels a day down the road. And big proponent of offshore drilling, and I them for a long time. Currently, petro- fortunately for America, most of that’s will talk about that later, but I am leum is 40 percent of our energy needs, coming here. Our biggest supplier of also a big proponent of using coal, to and 66 percent of it comes from foreign, energy is Canada, our good friend. gasify it, to make electricity, and that unstable countries. That number is Now, Canadians are a little frus- is called clean coal, and make liquids going to escalate if we lock up the trated with us because they produce out of it. Penn State has a process to Roan Plateau. It is going to escalate if their energy resources. They’re off- make jet fuel out of coal. The Air we lock up shale oil. It is going to esca- shore, they’re onshore, they’re tar Force is in the process of trying to fig- late if we tax energy production and sands, and we keep locking ours up. ure out how to have 60 percent of their make it more expensive. Natural gas is Thus, North America has the highest jet fuel available from nonimport 23. Now, this is a growing figure. It is natural gas prices because of us. If we sources. They are working with natural interesting because about 12 or 13 years produced equal to Canada, North Amer- gas right now. They are doing other ago now, Congress removed the prohi- ica would have reasonable natural gas studies, too, but they are working with bition of making electricity with gas. prices, not the highest in the world. natural gas now. If they are successful, That is when gas ceased to be cheap. But they keep selling to us. and they get 60 percent of their 3 bil- We have always had $1.80, $2 gas, and it Now, this 2 trillion, this bill stops lion gallon a day, they are going to in- would go up a little, down a little, the leasing program for oil shale re- flate gas prices even more, which will maybe up to $3 a year, $3-1⁄2 or $4. I re- serves on Federal lands that will hold make it harder to heat our homes. I member some of those years in the sev- enough oil to supply us for 228 years. will talk more about that later. But enties when it was a lot more costly to Now, that’s a study. If it’s half that, if coal to liquids should be getting the heat our homes. But it would come

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.164 H31OCPT1 cnoel on PRODPC60 with HOUSE H12380 CONGRESSIONAL RECORD — HOUSE October 31, 2007 back to $2 or $1.80. It never went much it is not a hazardous waste. And now softeners that you love and we all like above $2. Now, it is way above. It is $8 it’s a commodity that sells. People that keep our skin soft are a direct de- and something right now, and we are want it. rivative of natural gas stock. Poly- still not into the high season. The av- Geothermal, a nice way to heat your urethane, plastics, petrochemicals, fer- erage price for the year is somewhere homes if you are not in zero climate. In tilizer, all made, fertilizer that we between 9 and 10, and then when you a mild climate, it is a good exchange of grow corn with to produce ethanol, 70 get transmission costs and storage using underground water, whether you percent of the cost is natural gas. It is costs, we, as consumers, are going to be have a loop system where you have a the reason in how we make all of these paying $13, $14, $15 for gas. big piping system with water or wheth- products. And yet we lock it up and I believe that clean, green natural er you drill into the aquifers and use treat it like it is something evil. I just gas is really our best hope. But we have that water, you take heat out of it in plain don’t understand that. to drill for it. And people in this Con- the wintertime to warm your home, We have a bill that opens up the gress are just as much against drilling and you take cold out of it in the sum- Outer Continental Shelf. Now, we are a gas well as they are against drilling mertime to cool your home. But, again, only doing it for natural gas. I think it an oil well. And I think they are wrong it is an investment up front. I know should be for both because every other on both. But there is no good argu- people who have it. If they build a sec- part of the world produces both. But I ment. There has never been a beach ond home, they usually put it in unless have not been able to get natural gas dirtied by a gas well. There has never they are in a high zero where there is here. Now, we passed a good bill last been an environmental threat by a gas a lot of cold weather. It has its limita- session in the House that opened up gas well. It is the cleanest fuel we have. tions when the weather is zero. and oil both. But we didn’t get any ac- There is no NOX, no SOX, and a third of Wind and solar, this is the part that tion in the Senate. So we are going at the CO2 if that is keeping you awake at I find scary. Too many Americans it cautiously this time, just natural night. think that wind and solar are prepared gas. This bill is very States’ rights ori- Now, coal is 23 percent. Coal has to become major energy sources. You ented. We will lock up the first 25 great potential for liquid or gas. But can see the numbers, 0.06, 0.12. If we miles, can’t produce it, that is out of there is a real push around here double those numbers, they are still a sight. Eleven miles is sight line. The against coal. I think it is a mistake. It pretty small fraction, and it will take second 25 miles, States have a right to is the one we have the most of. If we years to do that. But, unfortunately, open up if they want to just by passing continue that, gas will be the winner, an awful lot of Americans want this a State law. We will repeal the morato- and gas prices will continue to rise. group right here to be our major en- rium, but it doesn’t repeal unless the And if we continue to have the highest ergy source. I wish there was a way to States pass a bill. Now, the second 50 gas prices in the would, we just won’t do that. There are an awful lot of Mem- miles will be open unless the State be a competitive country. Nuclear is at bers of Congress who think petroleum, passes a law and this gives States 8 percent. From the 2005 bill, we have a gas and coal are just evil and we rights for 100 miles to close it. Now, lot of companies going in for permits shouldn’t do any more production of it, this is much more conservative than I now. We need all 35 that are starting and they won’t vote for a bill to lease would like, but we are trying to get the process to be completed in a very land. They won’t vote for a bill to open some natural gas for America to stop a short period of time if we don’t want up areas. Some of them are against nu- calamity of starving our industry and this figure to go down, because the en- clear. Some aren’t. That is a mixed our homeowners from affordable nat- ergy electric use in this country is ris- bag. But, folks, this is the major part ural gas. Now, the second 100 miles ing fast and nuclear is about 20 percent of America’s energy production. It is 94 would be open, period. of it. But that figure will drop because percent of our energy production, nu- nuclear has not grown. We haven’t clear, coal, gas and petroleum. And it b 2200 built a nuclear plant in a long time. will be a major part of our energy port- Those who produce natural gas say The interesting part is, as we attempt folio for a long time whether we like it this would help immensely because to build nuclear plants, the shroud, or not because none of these are pre- clean, green natural gas can be our which is the big steel casing that they pared to take over. I wish they were. bridge to renewables. To make ethanol, use, we don’t make them in America. Now, there’s a lot of creative things. we use a huge amount of natural gas. If The companies that are that far along But they are little niche players. They we go to a hydrogen society, the only in the permit process are buying them are little niche markets. They are not good way right now of making hydro- from Japan. I find that unfortunate, huge volumes. So it is important that gen quickly is natural gas. Natural gas and someone told me an awful lot of Americans understand that whether we is used to make biodiesel. Natural gas the components are going to be pur- like it or not, fossil fuels are going to heats 50 some percent of our homes; 58 chased in Germany because we don’t be our major energy source a lot longer percent, I believe. It runs our major in- have the capacity because we have than we want them. If we continue to dustries. It’s the major feedstock for done so little with nuclear in the last not produce our own, then we are going the polymers and plastic and fertilizer decade. to have to buy them from foreign coun- and petrochemical. We use huge Hydroelectric, a figure that con- tries. amounts of it to make bricks and glass tinues to decline. Biomass is the fast- Now, I want to talk about natural and steel and aluminum and to bend est growing figure. That is wood waste. gas a little bit. This is America’s gem. metal and to treat products, heat-treat A lot of it is being used. There’s a mil- We have lots of natural gas. And I find things. lion Americans heating their homes it astounding that so many Members of In my district, we have the powdered with pellet stoves. That is compressed Congress and three administrations in metal industry. They use huge wood waste. We have power plants that a row have locked up our Outer Conti- amounts of natural gas to make that are using it to top the coal load so that nental Shelf, which has huge reserves new powdered metal product that has they can slide under the environmental of clean, green natural gas. I don’t un- brought the price of cars and vehicles standards because it burns a lot clean- derstand it. I don’t know what they are and all kinds of moving parts down be- er than coal. We have a lot of compa- thinking about. I don’t know what cause it’s so much less expensive than nies in the wood business and around their hopes are or dreams are, because, the old machining and forging of parts. where there is wood waste using it to folks, we can’t afford to continue to do Powdered metals. But they heat treat heat their factories. Most of the dry that. Natural gas is a far more bigger it with clean, green natural gas. kilns drying wood are now biomass part of our life than most people real- Natural gas is the fuel that should burners. So biomass has just been sort ize. Now, you see all of these products bridge us to where some kind of new of growing on its own because sawdust here. They are all made with natural energy, whether when we learn how to used to be a commodity. I remember in gas. Not only as a heat source, but as release hydrogen from water and then Pennsylvania when I was in State gov- an ingredient. Somewhere here you learn how to transport hydrogen safe- ernment, they were trying to make it a will find soaps and skin lotions and ly, it takes years to develop all of the hazardous waste. I fought that because skin softeners. Yes, ladies, the skin facets of an industry so that it becomes

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.165 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12381 our stable fuel source of the future. We ural gas because they don’t go big dis- Energy affordability, available, af- need to be doing everything we can do tances. Every school bus, every local fordable energy for America, should be in America for renewables. But we need person who doesn’t drive a long dis- the cry of this Congress. And if this to have adequate fossil fuels, and, spe- tance could fuel their vehicle with Congress doesn’t do that, if the energy cifically, natural gas. clean, green natural gas. bills when they come out that the Now, my bill rewards some people. If we opened up the gas fields that House and Senate have now are not al- The States would get up to $150 billion are really available to us, it could be a tered and talk about opening up en- in royalties because States would get whole lot cheaper than oil. A whole lot ergy, about increasing supply, that is 30 some percent. There would be $100 cheaper and a whole lot cleaner. No the only thing that brings down prices. billion left over in the Treasury of knocks, a third of the CO2. I don’t un- Folks, we need to conserve, but we money we wouldn’t have to pay in derstand why we haven’t embraced nat- can’t conserve our way out of this taxes because we could get the royalty ural gas as our bridge fuel to the fu- problem. As a country, we are demand- off the gas, not oil. Now we have some ture, as I said previously. ing more energy every day as we grow, cleanup funds here that I think are But, folks, America better think very as our number of people grow, as the pretty unique: $32 billion for renewable seriously in the weeks ahead. We don’t number of people that drive cars grows, energy research. That is real money to have a long time to wait. Energy prices as our population grows. allow us to develop the fuels of the fu- are going to continue to skyrocket be- Folks, available, affordable energy is ture. We have $32 billion for carbon cause we are competing the whole the issue that can bring this great capture and sequestration research so world for the energy because we are country down to where it is a second- rate nation. I don’t want that to hap- we can learn how to take the CO2 from buying it from them. If we produced pen, and I hope Americans will push coal plants and the CO2 from any fuel our own, we don’t have to worry about we burn and utilize it somehow, or se- that. their Congress Members into making quester it. We have $20 billion to clean I understand the complacency when available, affordable energy the num- up the Chesapeake Bay, exactly what it was $2 for gas and $10 for oil and it ber one issue in this Congress before we they need; $20 billion for the Great was so cheap. But, folks, it’s not cheap adjourn the 110th Congress, and that Lakes restoration, exactly what their today and it is never going to be cheap we deal with this issue, because we can program needs; $12 billion for the Ever- again. Now we do need to use less, we deal with it. This is an issue we can change. It glades restoration; $12 billion for the do need to conserve, we do need to keep won’t change quickly, but we can make Colorado River basin restoration; $12 continuing to research how to produce a lot of right moves. We can deal with billion for the San Francisco Bay res- things with less fuel, heat our homes all of the different forms of energy. We toration; and $10 million for LIHEAP more efficiently, make them more en- can open up supply for gas and oil. We and weatherization to help the poorest ergy efficient. We, in the meantime, can do coal-to-liquids, coal-to-gas. We among us make their homes energy ef- need a strong, viable source of energy can give nuclear another push. We can ficient and make energy affordable by for America, and clean green, natural promote all the renewables and look helping pay their energy bills. gas is the bridge to our future. for new transportation fuels to blend America is at a crossroads. We have I hope and pray that this Congress with our current fuels. been the big giant of a Nation, the pow- will suddenly get a sense of urgency Ethanol has potential. Corn ethanol about the energy problems in this erful Nation all of our lifetimes. You has limited potential, but there are country. know, it makes me sad to think that problems with it. The biggest problem Mr. Speaker, $94.53 oil should scare this Congress and administrations were with ethanol, and I am not against it us into movement. We should have fear unwilling to in totality agree and deal because it is made out of American in our hearts, because this isn’t the with the energy issue, making sure products, but it is competing with our ceiling, as I started out at the begin- that America has available, affordable food supply. And ethanol does not go in ning. There is no storm in the Gulf, no energy. Folks, that’s doable. the pipeline. The majority of our gas I know there are people who talk on countries tipped over, no terrorist stations deliver by pipelines, and you threat that has taken out supply. If this floor about energy independence. can’t put it in the pipeline. Already, That is really not doable. The only way they all happened simultaneously, only with the ethanol plants we have, we we can be energy independent is if we God knows what energy would be. It is have distribution problems, because got oil from the shale rock in large imperative. Congress is the reason we you need a blending station to blend it quantities over a period of time and have high energy prices, because they and then need to haul it by truck or where we no longer had to import oil. have locked it up. trailer. That is a system not in place We import 17 percent of our natural gas There is also a lot in Alaska. There adequately around the country. today. If we opened up the gas field, we are huge reserves in Alaska that are We have as many ethanol plants wouldn’t need to import any. We would not shown on this map. Congress has under construction as we have pro- have lots of gas. locked up this energy and three admin- ducing ethanol today. I am not saying This is an interesting point about istrations have supported the morato- that is bad, but it is not a situation natural gas. We could fuel a third of rium for twenty-six years. without problems and great challenges. our auto fleet. One of the problems We are the only country in the world Ethanol takes a tremendous amount of with using gas in a vehicle is you can’t to lock up our own resources and force natural gas to make it. In Pennsyl- go as far. You can’t put a big enough ourselves to buy from unstable coun- vania they are talking of doing a cou- tank in there. But we have lots of vehi- tries who will own us. They are going ple plants with coal. Many States cles that don’t go anywhere. We have to have the resources to literally buy would reject that. I commend the all the service vehicles that are out every good, profitable business in this Pennsylvania government for going in servicing our homes, whether they are country. They are going to buy what- that direction, using waste coal to heating contractors or air conditioning ever they want to, because we are make it so it doesn’t further strain our contractors or lawn services, they going to be forced to sell it to them, natural gas supply. could fuel up every night. In fact, they because when you are paying $95.43 for But as we look at this map and think are developing ways you can fuel up a barrel of oil that it costs them a dol- about Alaska, America can be far more from your gas line in your house if you lar or two to lift in their country, they self-sufficient with available, afford- have gas in your home. They are work- have nothing but riches. able energy if we just have the desire ing on a way to fuel a car. Americans are going to have nothing and the willingness to produce more of Every construction vehicle could be but tragic situations, where our busi- our own. I believe we must if we want on natural gas because they already nesses can no longer afford to be here. to compete in the global economy. are fueled by a truck that comes up to We won’t manufacture anything in this f the construction site and fills up the country of substance, and Americans tractors and fills up the Caterpillars will struggle to heat their homes and LEAVE OF ABSENCE and all the heavy equipment and the afford to travel around this beautiful By unanimous consent, leave of ab- trucks. Every taxicab could be on nat- land. sence was granted to:

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00141 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.167 H31OCPT1 cnoel on PRODPC60 with HOUSE H12382 CONGRESSIONAL RECORD — HOUSE October 31, 2007 Mr. ALEXANDER (at the request of Mr. H.R. 995. To amend Public Law 106–348 to 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the BOEHNER) for today and the balance of extend the authorization for establishing a Committee on Transportation and Infra- the week on account of personal rea- memorial in the District of Columbia or its structure. 3947. A letter from the Chief, Regulations sons. environs to honor veterans who became dis- abled while serving in the Armed Forces of and Administrative Law, Department of Mr. RYAN of Wisconsin (at the re- the United States. Homeland Security, transmitting the De- quest of Mr. BOEHNER) for today after 3 H.R. 1284. Veterans’ Compensation Cost-of- partment’s final rule — Drawbridge Oper- p.m. on account of family reasons. Living Adjustment Act of 2007. ation Regulations; Amendments [USCG-2001- f H.R. 3233. To designate the facility of the 10881] (RIN: 1625-AA36) received October 1, United States Postal Service located at 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the SPECIAL ORDERS GRANTED Highway 49 South in Piney Woods, Mis- Committee on Transportation and Infra- By unanimous consent, permission to sissippi, as the ‘‘Laurence C. and Grace M. structure. Jones Post Office Building’’. 3948. A letter from the Attorney, Depart- address the House, following the legis- ment of Homeland Security, transmitting lative program and any special orders Lorraine C. Miller, Clerk of the the Department’s final rule — Vessel Docu- heretofore entered, was granted to: House reports that on October 30, 2007 mentation: Lease Financing for Vessels En- (The following Members (at the re- she presented to the President of the gaged in the Coastwise Trade [USCG-2005- quest of Mrs. MCCARTHY of New York) United States, for his approval, the fol- 20258] (RIN: 1625-AA95) received October 1, to revise and extend their remarks and lowing bills: 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- H.R. 3678. Internet Tax Freedom Act include extraneous material:) structure. Ms. WOOLSEY, for 5 minutes, today. Amendments Act of 2007. 3949. A letter from the Chief, Regulations Mr. CUMMINGS, for 5 minutes, today. f and Administrative Law, Department of Ms. KAPTUR, for 5 minutes, today. ADJOURNMENT Homeland Security, transmitting the De- Mrs. MCCARTHY of New York, for 5 partment’s final rule — Transportation minutes, today. Mr. PETERSON of Pennsylvania. Mr. Worker Identification Credential (TWIC) Im- plementation in the Maritime Sector; Haz- Mr. DEFAZIO, for 5 minutes, today. Speaker, I move that the House do now adjourn. ardous Materials Endorsement for a Com- Mr. MURPHY of Connecticut, for 5 mercial Driver’s License [Docket Nos. TSA- minutes, today. The motion was agreed to; accord- ingly (at 10 o’clock and 12 minutes 2006-24191; USCG-2006-24196] (RIN: 1652-AA41) Ms. WATERS, for 5 minutes, today. received October 1, 2007, pursuant to 5 U.S.C. Ms. VELA´ ZQUEZ, for 5 minutes, today. p.m.), the House adjourned until to- 801(a)(1)(A); to the Committee on Transpor- Ms. JACKSON-LEE of Texas, for 5 min- morrow, Thursday, November 1, 2007, at tation and Infrastructure. utes, today. 10 a.m. 3950. A letter from the Program Analyst, (The following Members (at the re- f FAA, Department of Transportation, trans- mitting the Department’s final rule — Revi- quest of Ms. FOXX) to revise and extend EXECUTIVE COMMUNICATIONS, sion of Class E Airspace; Red Dog, AK [Dock- their remarks and include extraneous ETC. et No. FAA-2006-26396; Airspace Docket No. material:) 06-AAL-40] received October 1, 2007, pursuant Under clause 8 of rule XII, executive Mr. POE, for 5 minutes, November 7. to 5 U.S.C. 801(a)(1)(A); to the Committee on communications were taken from the Mr. JONES of North Carolina, for 5 Transportation and Infrastructure. Speaker’s table and referred as follows: minutes, November 7. 3951. A letter from the Program Analyst, 3942. A letter from the Chief, Regulations FAA, Department of Transportation, trans- Mr. MORAN of Kansas, for 5 minutes, mitting the Department’s final rule — Modi- November 5. and Administrative Law, Department of Homeland Security, transmitting the De- fication of Class E Airspace; Philipsburg, KS Mr. MCCOTTER, for 5 minutes, Novem- partment’s final rule — Special Local Regu- [Docket No. FAA-2006-25943; Airspace Docket ber 1. lations for Marine Events; Spa Creek and No. 06-ACE-13] received October 1, 2007, pur- Mr. ENGLISH of Pennsylvania, for 5 Severn River, Annapolis, MD [Docket No. suant to 5 U.S.C. 801(a)(1)(A); to the Com- minutes, today. CGD05-07-063] (RIN: 1625-AA08) received Octo- mittee on Transportation and Infrastruc- (The following Member (at his own ber 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); ture. 3952. A letter from the Program Analyst, request) to revise and extend his re- to the Committee on Transportation and In- frastructure. FAA, Department of Transportation, trans- marks and include extraneous mate- mitting the Department’s final rule — Modi- rial:) 3943. A letter from the Chief, Regulations and Administrative Law, Department of fication of Class E Airspace; Thedford, NE [Docket No. FAA-2006-25942; Airspace Docket Mr. HALL of New York, for 5 minutes, Homeland Security, transmitting the De- No. 06-ACE-12] received October 1, 2007, pur- today. partment’s final rule — Safety Zone; suant to 5 U.S.C. 801(a)(1)(A); to the Com- Winnetka Fireworks, Lake Michigan, f mittee on Transportation and Infrastruc- Winnetka, IL. [CGD09-06-116] (RIN: 1625- SENATE BILLS REFERRED ture. AA00) received October 1, 2007, pursuant to 5 3953. A letter from the Program Analyst, Bills of the Senate of the following U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- titles were taken from the Speaker’s Transportation and Infrastructure. mitting the Department’s final rule — Estab- table and, under the rule, referred as 3944. A letter from the Chief, Regulations lishment of Class E5 Airspace; Potosi, MO follows: and Administrative Law, Department of [Docket No. FAA-2006-25944; Airspace Docket Homeland Security, transmitting the De- S. 294. An act to reauthorize Amtrak, and No. 06-ACE-14] received October 1, 2007, pur- partment’s final rule — Security Zone; M/V suant to 5 U.S.C. 801(a)(1)(A); to the Com- for other purposes; to the Committee on Odyssey III, Global Air Chiefs Conference, Transportation and Infrastructure. mittee on Transportation and Infrastruc- Upper Potomac River, Washington, DC ture. S. 2198. An act to require the Architect of [Docket No. CGD05-07-080] (RIN: 1625-AA87) 3954. A letter from the Program Analyst, the Capitol to permit the acknowledgment of received October 1, 2007, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- God on flag certificates; to the Committee 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Modi- on House Administration. tation and Infrastructure. fication of Class E Airspace; Peru, IL [Dock- S. 2265. An act to extend the existing provi- 3945. A letter from the Chief, Regulations et No. FAA-2007-27110; Airspace Docket No. sions regarding the eligibility for essential and Administrative Law, Department of 07-AGL-1] received October 1, 2007, pursuant air service subsidies through fiscal year 2008; Homeland Security, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Transportation and In- partment’s final rule — Security Zones; Es- Transportation and Infrastructure. frastructure. corted Vessels in the Captain of the Port 3955. A letter from the Program Analyst, f Jacksonville Zone [COTP JACKSONVILLE FAA, Department of Transportation, trans- 07-163] (RIN: 1625-AA87) received October 1, BILLS PRESENTED TO THE mitting the Department’s final rule — Modi- 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the fication of Class E Airspace; Creston, IA PRESIDENT Committee on Transportation and Infra- [Docket No. FAA-2006-25941; Airspace Docket Lorraine C. Miller, Clerk of the structure. No. 06-ACE-11] received October 1, 2007, pur- House reports that on October 25, 2007 3946. A letter from the Chief, Regulations suant to 5 U.S.C. 801(a)(1)(A); to the Com- she presented to the President of the and Administrative Law, Department of mittee on Transportation and Infrastruc- Homeland Security, transmitting the De- ture. United States, for his approval, the fol- partment’s final rule — Security Zones; 3956. A letter from the Program Analyst, lowing bills: Major League Baseball All-Star Game, San FAA, Department of Transportation, trans- H.R. 327. Joshua Omvig Veterans Suicide Francisco Bay, CA [COTP San Francisco Bay mitting the Department’s final rule — Modi- Prevention Act. 07-012] (RIN: 1625-AA87) received October 1, fication of Class E Airspace; Hayward, WI

VerDate Aug 31 2005 04:33 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00142 Fmt 7634 Sfmt 0634 E:\CR\FM\K31OC7.169 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12383 [Docket No. FAA-2006-25436; Airspace Docket TIME LIMITATION OF REFERRED upon the people of the United States to ob- No. 06-AGL-5] received October 1, 2007, pursu- BILL serve a national day of celebration com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee memorating military success in Iraq, and for on Transportation and Infrastructure. Pursuant to clause 2 of rule XII the other purposes; to the Committee on Armed 3957. A letter from the Assistant Chief following aciton was taken by the Services, and in addition to the Committees Counsel for Hazardous Materials Safety, Speaker: on Foreign Affairs, and Veterans’ Affairs, for PHMSA, Department of Transportation, H.R. 3890. Referral to the Committee on a period to be subsequently determined by transmitting the Department’s final rule — Ways and Means extended for a period ending the Speaker, in each case for consideration of such provisions as fall within the jurisdic- Hazardous Materials Regulations: Transpor- not later than November 16, 2007. tation of Compressed Oxygen, Other Oxi- tion of the committee concerned. dizing Gases and Chemical Oxygen Genera- f By Mr. FILNER: H.R. 4021. A bill to authorize Federal pay- tors on Aircraft [Docket No. RSPA-04-17664 PUBLIC BILLS AND RESOLUTIONS (HM-224B)] (RIN: 2137-AD33) received October ment to emergency ambulance and medical 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XII, public services providers for the cost of uncompen- the Committee on Transportation and Infra- bills and resolutions were introduced sated care of aliens aided by the border pa- structure. and severally referred, as follows: trol or other Federal immigration officials; to the Committee on Energy and Commerce. 3958. A letter from the Senior Counsel for By Ms. ROYBAL-ALLARD (for herself By Mr. FILNER: Dispute Resolution, OST, Department of and Mr. POE): H.R. 4022. A bill to amend the Immigration Transportation, transmitting the Depart- H.R. 4014. A bill to prohibit discrimination and Nationality Act to restore certain provi- ment’s final rule — Standard Time Zone in insurance coverage to victims of domestic sions relating to the definition of aggravated Boundary in Southwest Indiana [OST Docket violence, dating violence, sexual assault, or felony and other provisions as they were be- No. 2007-28746] (RIN: 2105-AD71) received Oc- stalking; to the Committee on Financial fore the enactment of the Illegal Immigra- tober 1, 2007, pursuant to 5 U.S.C. Services, and in addition to the Committee tion Reform and Immigrant Responsibility 801(a)(1)(A); to the Committee on Transpor- on Energy and Commerce, for a period to be Act of 1996; to the Committee on the Judici- tation and Infrastructure. subsequently determined by the Speaker, in ary. 3959. A letter from the Paralegal, FTA, De- each case for consideration of such provi- By Mr. FILNER (for himself, Mr. TIM partment of Transportation, transmitting sions as fall within the jurisdiction of the MURPHY of Pennsylvania, and Mr. the Department’s final rule — Buy America committee concerned. LATOURETTE): Requirements; End Product Analysis and By Ms. ROYBAL-ALLARD (for herself H.R. 4023. A bill to amend title 38, United Waiver Procedures [Docket No. FTA-2005- and Mr. POE): States Code, to improve the collective bar- 23082] (RIN: 2132-AA90) received October 1, H.R. 4015. A bill to provide job protection gaining rights and procedures for review of 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the for victims of domestic violence, dating vio- adverse actions of certain employees of the Committee on Transportation and Infra- lence, sexual assault, or stalking; to the Department of Veterans Affairs, and for structure. Committee on Education and Labor, and in other purposes; to the Committee on Vet- 3960. A letter from the FMSCA Regulatory addition to the Committees on Oversight and erans’ Affairs. Ombudsman, Department of Transportation, Government Reform, the Judiciary, and By Mr. BOOZMAN: transmitting the Department’s final rule — House Administration, for a period to be sub- H.R. 4024. A bill to amend title 10, United Amendments To Implement Certain Provi- sequently determined by the Speaker, in States Code, to increase the number of out- sions of the Safe, Accountable, Flexible, Effi- each case for consideration of such provi- patient visits for mental health care that do cient Transportation Equity Act: A Legacy sions as fall within the jurisdiction of the not require preauthorization for dependents for Users (SAFETEA-LU) (RIN: 2126-AA96) committee concerned. of certain members of the Armed Forces; to received October 1, 2007, pursuant to 5 U.S.C. By Ms. ROYBAL-ALLARD (for herself the Committee on Armed Services. 801(a)(1)(A); to the Committee on Transpor- and Mr. POE): By Mrs. BOYDA of Kansas (for herself, tation and Infrastructure. H.R. 4016. A bill to provide unemployment Mr. TIAHRT, Mr. MORAN of Kansas, 3961. A letter from the Acting Regulations insurance to those who are separated from Mr. MOORE of Kansas, and Mr. BOS- Officer, FHWA, Department of Transpor- their employment as a result of domestic vi- WELL): H.R. 4025. A bill to amend the Surface Min- tation, transmitting the Department’s final olence, dating violence, sexual assault, or ing Control and Reclamation Act of 1977 to rule — Crash Test Laboratory Requirements stalking; to the Committee on Ways and clarify the minimum distribution under that for FHWA Roadside Safety Hardware Accept- Means. Act to certain States and Indian tribes; to ance [FHWA Docket No. FHWA-2006-26501] By Mr. BILBRAY (for himself, Mrs. the Committee on Natural Resources. (RIN: 2125-AF21) received October 1, 2007, DAVIS of California, Mr. ROHR- By Mr. ELLISON (for himself, Mr. CON- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ABACHER, Mr. TOWNS, Mr. HUNTER, YERS, Mr. LEWIS of Georgia, Mr. mittee on Transportation and Mr. ISSA, and Mr. CAMPBELL of Cali- MCDERMOTT, Ms. SCHAKOWSKY, Ms. Infrastructure. fornia): MOORE of Wisconsin, Ms. LEE, Mr. H.R. 4017. A bill to authorize the Secretary f SCOTT of Virginia, Mr. WATT, Mr. of the Treasury to provide that, in the case JOHNSON of Georgia, Ms. MCCOLLUM REPORTS OF COMMITTEES ON of leave-based donation programs with re- of Minnesota, Mr. NADLER, Mr. JACK- spect to the California wildfires, cash pay- PUBLIC BILLS AND RESOLUTIONS SON of Illinois, Ms. WATERS, and Mr. ments made by employers to qualifying Under clause 2 of rule XIII, reports of KUCINICH): charities in exchange for forgone employee H.R. 4026. A bill to prohibit election offi- committees were delivered to the Clerk leave will not be treated as income to par- for printing and reference to the proper cials from requiring an individual to provide ticipating employees and will be deductible a photo identification as a condition for vot- calendar, as follows: by the employers as business expenses or ing in an election for Federal office; to the Mr. LANTOS: Committee on Foreign Af- charitable contributions; to the Committee Committee on House Administration. fairs. H.R. 3890. A bill to amend the Burmese on Ways and Means. By Mr. HASTINGS of Washington: Freedom and Democracy Act of 2003 to waive By Mr. PORTER (for himself and Mr. H.R. 4027. A bill to amend the Native the requirement for annual renewal resolu- HELLER): American Graves Protection and Repatri- tions relating to import sanctions, impose H.R. 4018. A bill to authorize the convey- ation Act so that it will be interpreted in ac- import sanctions on Burmese gemstones, ex- ance of certain parcels of public land in cordance with the original intent of Congress pand the number of individuals against Clark County, Nevada, to the City of Mes- to require a significant relationship be found whom the visa ban is applicable, expand the quite, Nevada, and the Virgin Valley Water between remains discovered on Federal lands blocking of assets and other prohibited ac- District, and for other purposes; to the Com- and presently existing Native American tivities, and for other purposes; with an mittee on Natural Resources. tribes for those remains to be applicable amendment (Rept. 110–418 Pt. 1). Ordered to By Mr. BACA: under the Native American Graves Protec- be printed. H.R. 4019. A bill to amend the Truth in tion and Repatriation Act; to the Committee Mr. FRANK: Committee on Financial Serv- Lending Act to enhance disclosure of the on Natural Resources. ices. H.R. 3355. A bill to ensure the avail- terms of home mortgage loans, and for other By Ms. HERSETH SANDLIN: ability and affordability of homeowners’ in- purposes; to the Committee on Financial H.R. 4028. A bill to reauthorize the Mni surance coverage for catastrophic events, Services. Wiconi Rural Water Supply Project; to the with an amendment (Rept. 110–419). Referred By Ms. JACKSON-LEE of Texas (for Committee on Natural Resources. to the Committee of the Whole House on the herself, Mr. FILNER, and Mr. By Mr. HOLT (for himself, Mr. EMAN- State of the Union. HASTINGS of Florida): UEL, Ms. GIFFORDS, Mr. CARNEY, Ms. H.R. 4020. A bill to recognize the extraor- SHEA-PORTER, Mr. HALL of New York, DISCHARGE OF COMMITTEE dinary performance of the Armed Forces in Mr. PERLMUTTER, Mr. LAMPSON, Mr. Pursuant to clause 2 of rule XII, the achieving the military objectives of the RODRIGUEZ, Mr. VAN HOLLEN, Ms. Committee on the Judiciary discharged United States in Iraq, to encourage the BERKLEY, Mr. SESTAK, and Mr. from further consideration of H.R. 3890. President to issue a proclamation calling COURTNEY):

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00143 Fmt 7634 Sfmt 0634 E:\CR\FM\L31OC7.000 H31OCPT1 cnoel on PRODPC60 with HOUSE H12384 CONGRESSIONAL RECORD — HOUSE October 31, 2007 H.R. 4029. A bill to amend the Internal Rev- ERS of Alabama, Mr. ROGERS of ADDITIONAL SPONSORS enue Code of 1986 to provide an additional Michigan, Mr. RUPPERSBERGER, Mr. Under clause 7 of rule XII, sponsors standard deduction for real property taxes RYAN of Ohio, Mr. SESSIONS, Mr. for nonitemizers; to the Committee on Ways SHULER, Mr. SHUSTER, Mr. SOUDER, were added to public bills and resolu- and Means. Mr. TURNER, Mr. WICKER, Mr. WILSON tions as follows: By Ms. HOOLEY (for herself, Ms. SOLIS, of South Carolina, and Mr. WYNN): H.R. 17: Mr. Fattah. and Mr. MARKEY): H. Con. Res. 244. Concurrent resolution H.R. 39: Mr. KIND. H.R. 4030. A bill to prohibit the manufac- supporting the Local Radio Freedom Act; to H.R. 89: Mr. WHITFIELD. ture, sale, or distribution in commerce of the Committee on the Judiciary. H.R. 139: Mr. NEUGEBAUER. certain children’s products and child care ar- By Mr. GINGREY (for himself, Mr. H.R. 160: Mr. PATRICK MURPHY of Pennsyl- ticles that contain phthalates; to the Com- HUNTER, Mr. BUYER, Mr. LEWIS of vania. mittee on Energy and Commerce. California, Mr. WICKER, Mr. BLUNT, H.R. 538: Mr. GRIJALVA. By Mr. KING of New York: Mr. GERLACH, Mr. CHABOT, Mr. BUR- H.R. 699: Mr. CONAWAY. H.R. 4031. A bill to establish a United TON of Indiana, Mr. FEENEY, Mr. H.R. 715: Mr. HARE and Mr. AL GREEN of States Boxing Commission to administer the BROUN of Georgia, Mr. MCKEON, Mr. Texas. Act, and for other purposes; to the Com- BILIRAKIS, Mr. BUCHANAN, Mr. DAVID H.R. 819: Mr. MURPHY of Connecticut. mittee on Education and Labor, and in addi- DAVIS of Tennessee, Mr. FRANKS of H.R. 866: Mr. NEUGEBAUER and Mr. SMITH of tion to the Committee on Energy and Com- Arizona, Mrs. DRAKE, Mr. GARRETT of Nebraska. merce, for a period to be subsequently deter- New Jersey, Mr. POE, Mr. JONES of H.R. 971: Mr. ENGLISH of Pennsylvania and mined by the Speaker, in each case for con- North Carolina, Mr. BISHOP of Utah, Mr. MCNERNEY. sideration of such provisions as fall within Mr. BONNER, Mr. WALBERG, Mr. H.R. 1008: Ms. HERSETH SANDLIN. the jurisdiction of the committee concerned. BILBRAY, Mr. KING of Iowa, Mr. H.R. 1014: Mr. PICKERING and Mr. ELLS- By Mr. MCHENRY: WAMP, Mr. PEARCE, Mr. ENGLISH of WORTH. H.R. 4032. A bill to reduce temporarily the Pennsylvania, Mr. BOOZMAN, Mr. H.R. 1064: Mr. LATOURETTE. duty on PHBA; to the Committee on Ways MCCOTTER, Mr. KUHL of New York, H.R. 1070: Mrs. MCCARTHY of New York. and Means. Mr. HULSHOF, Mr. PETERSON of Penn- H.R. 1076: Mr. BUTTERFIELD. By Ms. NORTON: sylvania, and Mr. AKIN): H.R. 1078: Mr. HARE. H.R. 4033. A bill to authorize the Secretary H. Res. 786. A resolution amending the H.R. 1102: Ms. PRYCE of Ohio. of the Interior to enter into a long-term Rules of the House of Representatives to re- H.R. 1127: Mr. KLINE of Minnesota. ground lease for the operation and mainte- quire that general appropriations for mili- H.R. 1198: Mr. ISRAEL, Mr. BOUCHER, Mr. nance of Rock Creek, Langston, and East Po- tary construction and veterans’ affairs be KNOLLENBERG, and Mr. SERRANO. tomac as golf courses, and for other pur- considered as stand-alone measures; to the H.R. 1279: Mr. HINOJOSA and Ms. SHEA-POR- poses; to the Committee on Natural Re- Committee on Rules. TER. sources. By Mr. CLYBURN (for himself, Mr. H.R. 1295: Mr. BURTON of Indiana. By Mr. PEARCE: BARRETT of South Carolina, Mr. H.R. 1352: Ms. DEGETTE. H.R. 4034. A bill to provide for a land ex- BISHOP of Georgia, Mr. BROWN of H.R. 1354: Ms. SLAUGHTER. change involving State land and Bureau of South Carolina, Mr. BUTTERFIELD, H.R. 1355: Mr. GOODE. Land Management land in Chaves and Dona Mr. CAPUANO, Ms. CASTOR, Mr. CHAN- H.R. 1363: Mr. HALL of New York and Mr. Ana Counties, New Mexico, and to establish DLER, Mrs. CHRISTENSEN, Ms. CLARKE, ALTMIRE. the Lesser Prairie Chicken National Habitat Mr. CLAY, Mr. CLEAVER, Mr. COBLE, H.R. 1399: Mrs. WILSON of New Mexico. Preservation Area, and for other purposes; to Mr. COHEN, Mr. COOPER, Mr. COSTA, H.R. 1459: Mr. COLE of Oklahoma. the Committee on Natural Resources. Mr. COSTELLO, Mr. COURTNEY, Mr. H.R. 1512: Mr. MORAN of Virginia. By Mr. PETRI: CUELLAR, Mr. DAVIS of Illinois, Mr. H.R. 1553: Mr. DOGGETT and Mr. COLE of H.R. 4035. A bill to study, pilot, and imple- LINCOLN DAVIS of Tennessee, Mrs. Oklahoma. ment a comprehensive, structural, market- DAVIS of California, Ms. DEGETTE, H.R. 1609: Ms. ROYBAL-ALLARD, Mrs. BOYDA based reform to the Federal Family Edu- Mr. DINGELL, Mr. ELLSWORTH, Mr. of Kansas, Mr. BURTON of Indiana, Mr. cation Loan Program to reduce costs to tax- EMANUEL, Mr. ENGEL, Mr. ETHERIDGE, MAHONEY of Florida, and Mr. RANGEL. payers and improve program efficiency; to Mr. FILNER, Mr. GONZALEZ, Mr. AL H.R. 1726: Mr. HOLT. the Committee on Education and Labor. GREEN of Texas, Mr. GENE GREEN of H.R. 1738: Mr. SESSIONS. By Mr. ROSKAM (for himself and Mr. Texas, Mr. GRIJALVA, Ms. HARMAN, H.R. 1845: Mr. KING of New York and Mr. CASTLE): Mr. HAYES, Mr. HIGGINS, Mr. HIN- WHITFIELD. H.R. 4036. A bill to amend title 31, United CHEY, Mr. HINOJOSA, Mr. HOLT, Ms. H.R. 1927: Mr. SAXTON. States Code, to save the American taxpayers HOOLEY, Mr. INGLIS of South Caro- H.R. 1937: Mr. COLE of Oklahoma and Mr. money by immediately altering the metallic lina, Mr. JACKSON of Illinois, Ms. DAVID DAVIS of Tennessee. composition of the 1-cent coin, to require a JACKSON-LEE of Texas, Mr. JOHNSON H.R. 1940: Mr. TAYLOR. prompt review and report, with recommenda- of Georgia, Mrs. JONES of Ohio, Ms. H.R. 1951: Mr. HILL. tions, for cost-saving changes in the metallic KAPTUR, Mr. KENNEDY, Mr. KIND, Mr. H.R. 1969: Mr. WEXLER. content of other circulating United States PAYNE, Mr. RYAN of Ohio, Mr. H.R. 1971: Mr. UDALL of New Mexico. coins, and for other purposes; to the Com- SALAZAR, Ms. LINDA T. SA´ NCHEZ of H.R. 2032: Mr. LYNCH. mittee on Financial Services. California, Mr. SARBANES, Mr. H.R. 2049: Mr. MICHAUD. By Mr. HIGGINS (for himself and Ms. SPRATT, Mr. TOWNS, Ms. WASSERMAN H.R. 2075: Mr. WILSON of Ohio and Mr. KAPTUR): SCHULTZ, Mr. WATT, Mr. WILSON of RYAN of Ohio. H.J. Res. 61. A joint resolution proposing South Carolina, Mr. WYNN, Ms. H.R. 2125. Mr. PERLMUTTER. an amendment to the Constitution of the ESHOO, and Ms. HIRONO): H.R. 2160: Mr. BISHOP of New York. United States relating to contributions and H. Res. 787. A resolution expressing the H.R. 2236: Mrs. CAPPS. expenditures intended to affect elections; to support and sympathy of the House of Rep- H.R. 2265: Mr. LANGEVIN. the Committee on the Judiciary. resentatives and the people of the United H.R. 2307: Ms. CASTOR. By Mr. GENE GREEN of Texas (for States for the victims of the tragic fire that H.R. 2320: Mr. HASTINGS of Florida. himself, Mr. CONAWAY, Mr. ARCURI, occurred in Ocean Isle Beach, North Caro- H.R. 2327: Ms. DELAURO. Ms. BEAN, Mr. BERRY, Mr. BONNER, lina, on October 28, 2007; to the Committee H.R. 2392: Mr. WYNN. Mr. BOOZMAN, Mr. BROWN of South on Oversight and Government Reform. H.R. 2477: Mr. RYAN of Ohio. Carolina, Mr. CAMP of Michigan, Mr. H.R. 2489: Ms. WATERS, Mr. ISRAEL, Mr. f CARDOZA, Mr. CARTER, Mr. CHABOT, SESTAK, Mr. DANIEL E. LUNGREN of Cali- Mr. COLE of Oklahoma, Mr. PRIVATE BILLS AND fornia, and Ms. JACKSON-LEE of Texas. CRENSHAW, Mr. DAVIS of Kentucky, RESOLUTIONS H.R. 2604: Ms. WOOLSEY. Mr. DENT, Mr. ELLSWORTH, Mrs. H.R. 2702: Mr. WEXLER. Under clause 3 of rule XII, private EMERSON, Mr. GARRETT of New Jer- H.R. 2711: Mr. ALEXANDER. sey, Mr. GOODE, Ms. GRANGER, Mr. bills and resolutions of the following H.R. 2744: Mr. KILDEE, Mr. SHULER, Mr. GRAVES, Mr. AL GREEN of Texas, Mr. titles were introduced and severally re- PATRICK MURPHY of Pennsylvania, Mr. HOEKSTRA, Ms. EDDIE BERNICE JOHN- ferred, as follows: ALLEN, and Mr. OBERSTAR. SON of Texas, Mr. JONES of North By Mr. FILNER: H.R. 2842: Mr. HARE. Carolina, Mr. KIND, Mr. KINGSTON, H.R. 4037. A bill for the relief of Francisco H.R. 2857: Mr. ANDREWS. Mr. LAMPSON, Mr. MANZULLO, Mr. Rivera and Alfonso Calderon; to the Com- H.R. 2880: Mr. MARKEY. MCHENRY, Mr. MOORE of Kansas, Mr. mittee on the Judiciary. H.R. 2910: Mr. LANGEVIN and Mr. MURPHY of Connecticut, Mr. By Mr. FILNER: CARNAHAN. NEUGEBAUER, Mr. ORTIZ, Mr. PEARCE, H.R. 4038. A bill for the relief of Adrian H.R. 2933: Mr. BOUSTANY and Mr. HOLDEN. Mr. PENCE, Mr. POE, Mr. POMEROY, Rodriguez; to the Committee on the Judici- H.R. 2994: Ms. ZOE LOFGREN of California Mr. RAHALL, Mr. RAMSTAD, Mr. ROG- ary. and Mr. GENE GREEN of Texas.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00144 Fmt 7634 Sfmt 0634 E:\CR\FM\L31OC7.100 H31OCPT1 cnoel on PRODPC60 with HOUSE October 31, 2007 CONGRESSIONAL RECORD — HOUSE H12385

H.R. 3010: Ms. EDDIE BERNICE JOHNSON of JEFFERSON, Mr. DAVIS of Alabama, Mr. HELL- H. Res. 259: Mr. HINCHEY and Ms. FOXX. Texas, Mr. BAIRD, Mr. HIGGINS, Mr. KAN- ER, Mr. FILNER, Mr. DAVID DAVIS of Ten- H. Res. 335: Mr. DINGELL, Mr. BLUMENAUER, JORSKI, Ms. CARSON, Ms. DEGETTE, and Mr. nessee, and Mr. ROSS. Mr. GORDON of Tennessee, Ms. ESHOO, Mr. DUNCAN. H.R. 3797: Mr. GILCHREST, Mr. FILNER, Mr. STUPAK, Mr. DOYLE, Ms. HOOLEY, Mr. MATHE- H.R. 3016: Mr. ALLEN and Mr. LEWIS of COSTA, and Mr. MURTHA. SON, Mr. BUTTERFIELD, and Mr. MELANCON. Georgia. H.R. 3825: Mr. RAMSTAD, Mr. SCHIFF, Ms. H. Res. 695: Mr. DAVIS of Kentucky, Mr. H.R. 3053: Mr. GENE GREEN of Texas. SCHAKOWSKY, Mr. SPRATT, Mr. FATTAH, Mr. SMITH of New Jersey, Mr. FILNER, Mr. GER- H.R. 3058: Mr. HINOJOSA and Mr. GORDON, Mr. MCNULTY, Mr. PASTOR, Mr. LACH, Mr. SOUDER, and Mr. JORDAN of Ohio. MCNERNEY. LARSON of Connecticut, Mr. ARCURI, and Mr. H. Res. 731: Mr. ABERCROMBIE, Mr. H.R. 3099: Mr. DAVID DAVIS of Tennessee HINOJOSA. ALTMIRE, Mr. BACA, Ms. BEAN, Mr. BISHOP of and Mr. LANGEVIN. H.R. 3837: Mr. HOLDEN. New York, Mr. BRADY of Pennsylvania, Mr. H.R. 3132: Ms. SCHAKOWSKY. H.R. 3842: Mr. REYES and Mr. GRIJALVA. CAPUANO, Mr. CARDOZA, Mr. CARNAHAN, Mr. H.R. 3140: Mr. MEEKs of New York, Mr. H.R. 3851: Mrs. MYRICK, Mr. NEUGEBAUER, CROWLEY, Ms. DELAURO, Mr. DOYLE, Mr. SMITH of Nebraska, Mr. MURTHA, Mr. MCIN- Mr. WAMP, and Mr. MCCAUL of Texas. FATTAH, Mr. GUTIERREZ, Mr. HOBSON, Mr. TYRE, Mr. ABERCROMBIE, and Mr. MCHUGH. H.R. 3865: Mr. LATOURETTE. HOLDEN, Mr. INSLEE, Mr. JACKSON of Illinois, H.R. 3145: Mr. ALEXANDER. H.R. 3873: Mr. BACA. Mr. JORDAN of Ohio, Mr. KANJORSKI, Ms. H.R. 3168: Mr. PAYNE. H.R. 3874: Ms. KAPTUR, Mr. WALZ of Min- KAPTUR, Mr. KIND, Mr. KUCINICH, Mr. H.R. 3191: Mr. SHULER and Ms. GIFFORDS. nesota, and Mr. MCNERNEY. LAHOOD, Mr. LANTOS, Mr. LARSON of Con- H.R. 3195: Mr. YARMUTH, Mr. LIPINSKI and H.R. 3882: Mr. SPACE, Mr. SMITH of Ne- necticut, Mr. MCGOVERN, Mr. MEEK of Flor- Mr. GONZALEZ. braska, Mr. KINGSTON, Mr. ELLSWORTH, and ida, Mr. GEORGE MILLER of California, Mr. H.R. 3256: Mrs. NAPOLITANO and Mr. Mr. MITCHELL. MORAN of Virginia, Mr. MURPHY of Con- ENGLISH of Pennsylvania. H.R. 3887: Mr. PETERSON of Minnesota, Mr. necticut, Mr. MURTHA, Mr. PASCRELL, Mr. H.R. 3257: Mr. MCNERNEY. DELAHUNT, Mr. PENCE, Mr. MORAN of Vir- RAHALL, Mr. RUPPERSBERGER, Ms. LINDA T. H.R. 3273: Mr. SESTAK. ginia, Mr. MCCOTTER, Mr. ALLEN, and Mr. ´ H.R. 3326: Mr. JEFFERSON. SIMPSON. SANCHEZ of California, Ms. LORETTA SANCHEZ H.R. 3331: Mr. BAIRD. H.R. 3890: Mr. MCCOTTER. of California, Mrs. SCHMIDT, Mr. SHUSTER, H.R. 3355: Mr. KENNEDY. H.R. 3915: Mr. COHEN. Mr. SPACE, Mr. STUPAK, Ms. SUTTON, Mr. H.R. 3928: Mr. CUMMINGS, Ms. DELAURO, Mr. H.R. 3372: Mr. GUTIERREZ and Mr. BOUCHER. TANNER, Mr. TIBERI, Mr. TIERNEY, Mrs. OURTNEY OWNS H.R. 3374: Ms. KAPTUR. C , and Mr. T . JONES of Ohio, Mr. UDALL of Colorado, Mr. H.R. 3934: Mr. CLEAVER, Mrs. EMERSON, Mr. H.R. 3453: Mr. FILNER. VISCLOSKY, Mr. WILSON of Ohio, and Mr. KIRK, Mr. RAMSTAD, and Mr. KUHL of New H.R. 3461: Ms. HERSETH SANDLIN, Mrs. YARMUTH. York. MCCARTHY of New York, Mr. DOYLE, and Ms. H. Res. 744: Mr. FILNER. H.R. 3951: Mr. MCINTYRE. BERKLEY. H. Res. 770: Ms. GRANGER, Mr. BRADY of H.R. 3953: Mr. HALL of New York. H.R. 3495: Mr. DUNCAN. Pennsylvania, and Mr. MCINTYRE. H.R. 3965: Mr. BACA. H.R. 3508: Mr. SOUDER, Mr. MILLER of Flor- H.R. 3971: Ms. JACKSON-LEE of Texas. H. Res. 772: Mr. PETRI. ING URTON ida, Mr. K of Iowa, Mr. B of Indi- H.R. 3979: Mrs. MCCARTHY of New York. H. Res. 777: Mr. MCGOVERN and Ms. FOXX. ana, Mr. MARIO DIAZ-BALART of Florida, Mr. H.R. 3987: Mr. BILBRAY, Ms. ZOE LOFGREN H. Res. 783: Mr. CHABOT, Mr. COBLE, Mr. BARTON of Texas, and Mr. CONAWAY. of California, Mr. SCHIFF, Ms. RICHARDSON, KNOLLENBERG, Mr. SHULER, Mr. PORTER, Mr. H.R. 3513: Mr. BLUMENAUER. Mr. DANIEL E. LUNGREN of California, Mr. ISSA, Mr. CANNON, Mr. HAYES, Mr. GERLACH, H.R. 3533: Mr. CRAMER and Mr. MCHENRY. DOOLITTLE, Mrs. TAUSCHER, Mr. HONDA, Mr. Mr. STEARNS, Mrs. BOYDA of Kansas, Mr. H.R. 3544: Mr. RUSH, Mr. LATOURETTE, and FARR, Mr. MCCARTHY of California, Mrs. LOBIONDO, Mr. CONAWAY, Mr. SULLIVAN, Mr. Mr. MARKEY. CAPPS, Mr. GALLEGLY, Mr. MCKEON, Mr. SOUDER, Mr. CARNEY, Ms. FOXX, Mr. BU- H.R. 3547: Mr. FARR. SALAZAR, Mr. MACK, Ms. SOLIS, Ms. WATSON, CHANAN, Mr. DAVID DAVIS of Tennessee, Mr. H.R. 3548: Mr. BOSWELL. Ms. ROYBAL-ALLARD, Mr. ROYCE, Mr. LEWIS KINGSTON, and Mr. HENSARLING. H.R. 3558: Mr. HARE and Mr. SOUDER. of California, Mr. CALVERT, Mrs. BONO, Mr. H. Res. 784: Mr. BOOZMAN, Mr. BURTON of H.R. 3577: Mr. REHBERG. ROHRABACHER, Mr. ISSA, and Mrs. DAVIS of Indiana, Mr. CALVERT, Mr. CONAWAY, Ms. H.R. 3582: Mr. HARE and Mr. PAYNE. California. FALLIN, Mr. HUNTER, Mr. MCKEON, Mr. MIL- H.R. 3605: Ms. ROYBAL-ALLARD. H.R. 3990: Ms. SCHAKOWSKY and Mr. BISHOP LER ENSENBRENNER H.R. 3645: Mr. FILNER. of Florida, Mr. S , and Mr. of New York. H.R. 3660: Mr. LATHAM and Mr. WALZ of SHAYS. H.R. 3995: Mr. CAPUANO and Mr. MORAN of Minnesota. H. Res. 785: Mr. BACA, Mr. BECERRA, Ms. Virginia. BORDALLO, Mr. BARTLETT of Maryland, Mr. H.R. 3691: Mr. GUTIERREZ, Mr. KANJORSKI, H.R. 3999: Mr. ELLISON. SKELTON, and Mr. COSTELLO. Mr. LEVIN, and Mr. HOLT. H.R. 4001: Mr. MELANCON. H.R. 3700: Mr. GORDON and Mr. MCHUGH. H. Con. Res. 33: Mr. DELAHUNT and Mr. H.R. 3738: Mr. BROUN of Georgia and Mr. SIRES. f ROSKAM. H. Con. Res. 176: Mr. ALEXANDER. H.R. 3774: Mr. HINOJOSA. H. Con. Res. 202: Mr. HONDA. DELETIONS OF SPONSORS FROM H.R. 3779: Mr. MANZULLO. H. Con. Res. 224: Mr. WYNN. H.R. 3781: Mr. MCDERMOTT. H. Con. Res. 237: Mr. SHAYS and Mr. SMITH PUBLIC BILLS AND RESOLUTIONS H.R. 3782: Mr. PAYNE. of New Jersey. Under clause 7 of rule XII, sponsors H.R. 3783: Mr. SCHIFF and Ms. DELAURO. H. Con. Res. 239: Ms. PRYCE of Ohio. were deleted from public bills and reso- H.R. 3793: Mr. SCHIFF, Ms. SLAUGHTER, Mr. H. Res. 111: Mr. MACK, Ms. BEAN, Mr. HINOJOSA, Mr. KAGEN, Ms. GIFFORDS, Mr. BRADY of Texas, Mr. GALLEGLY, and Mr. lutions as follows: SPACE, Ms. SCHAKOWSKY, Mr. BOREN, Mr. KUHL of New York. H. Res. 106: Mr. Fortun˜ o.

VerDate Aug 31 2005 03:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00145 Fmt 7634 Sfmt 0634 E:\CR\FM\A31OC7.059 H31OCPT1 cnoel on PRODPC60 with HOUSE 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, WEDNESDAY, OCTOBER 31, 2007 No. 167 Senate The Senate met at 12 noon and was U.S. SENATE, MEASURES PLACED ON called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, CALENDAR—S. 2264 and H.R. 2295 Washington, DC, October 31, 2007. ERT P. CASEY, Jr., a Senator from the Mr. REID. Mr. President, I ask that State of Pennsylvania. To the Senate: Under the provisions of rule I, paragraph 3, the Chair direct its attention to two PRAYER of the Standing Rules of the Senate, I hereby bills at the desk and due for a second appoint the Honorable ROBERT P. CASEY, Jr., reading. The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to The ACTING PRESIDENT pro tem- fered the following prayer: perform the duties of the Chair. pore. The clerk will read the titles of Let us pray. ROBERT C. BYRD, O God, who remains the same though President pro tempore. the bills for the second time. The assistant legislative clerk read all else fades, You don’t leave us when Mr. CASEY thereupon assumed the as follows: we leave You. You are gracious and chair as Acting President pro tempore. compassionate, slow to anger, and rich A bill (S. 2264) to amend the Internal Rev- in love. f enue Code of 1986 to extend for two years the Thank You for Your presence in the tax-free distributions from individual retire- lives of our Senators. Give them a RECOGNITION OF THE MAJORITY ment plans for charitable purposes. LEADER A bill (H.R. 2295) to amend the Public clearer vision of the light that leads to Health Service Act to provide for the estab- truth. Remind them that everything is The ACTING PRESIDENT pro tem- lishment of an Amyotrophic Lateral Scle- possible for those who believe. Incline pore. The majority leader is recog- rosis Registry. their hearts to Your wisdom and love, nized. Mr. REID. Mr. President, I now ob- as you keep them on the path of integ- ject to any further proceeding to these rity. May they find rest and joy in f bills en bloc. spending time with You. When their The ACTING PRESIDENT pro tem- hearts grow faint and weary and the SCHEDULE pore. Objection is heard. The bills will night overtakes them, renew their Mr. REID. Mr. President, today the be placed on the calendar. strength and enable them to soar on Senate will conduct a period of morn- eagle’s wings. May the differing ap- ing business for an hour, with the time f proaches expressed by both parties con- equally divided and controlled. The tribute to greater solutions to the majority will control the first half and problems in our world. Lord, deliver the Republicans will control the final CHILDREN’S HEALTH INSURANCE our lawmakers in times of trouble and half. PROGRAM bless them as they seek to honor You. Following morning business, the Sen- Mr. REID. Mr. President, children’s We pray in Your wonderful Name. ate will resume the motion to proceed health is a tremendously difficult issue Amen. to H.R. 3963, the children’s health in- because children all over America need f surance legislation. to be able to go to a doctor when they PLEDGE OF ALLEGIANCE For the knowledge of all Members, are sick or hurt. The way this body is we came in late today. There was a operating now basically is that we are The Honorable ROBERT P. CASEY, Jr., very important hearing that one of the not going to be able to complete, it ap- led the Pledge of Allegiance, as follows: committees had. We had been told that pears, our legislation. The President I pledge allegiance to the Flag of the there would likely be a Senator who has vetoed the bill once. We were told United States of America, and to the Repub- that if certain changes were made, Re- lic for which it stands, one nation under God, would object to the committee meet- indivisible, with liberty and justice for all. ing, so we came in later so they could publicans in the House would look to complete their work. I think we will this legislation favorably. We did make f still accomplish all we need to do. some changes. We tightened down the APPOINTMENT OF ACTING I filed a cloture motion on the mo- legislation so it is virtually impossible PRESIDENT PRO TEMPORE tion to proceed. Unless an agreement is for anyone who is here illegally to ob- The PRESIDING OFFICER. The reached, we will have a cloture vote tain benefits from this program. We clerk will please read a communication sometime this afternoon. changed that. to the Senate from the President pro We are going to start the farm bill We also limited the legislation so tempore (Mr. BYRD). after the CHIP legislation is completed parents or adults without children The legislative clerk read the fol- or disposed of. That will be Monday would be off the program in 1 year. lowing letter: when we will move to the farm bill. Also, there could be no waivers for

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

S13589

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VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.000 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13590 CONGRESSIONAL RECORD — SENATE October 31, 2007 those over 300 percent of poverty. Nine- further this legislation, led by Sen- Our Democratic colleagues wanted to ty-two percent of the individuals get- ators BAUCUS, GRASSLEY, ROCKEFELLER be consulted on whom the next Attor- ting benefits from the legislation are and HATCH and their counterparts in ney General should be. Well, the ad- 200 percent above poverty. the House. ministration consulted extensively We made those changes, hoping it I think it is a real shame that we are with our Democratic friends. would bring some around. After that at the point where we are. Ten million Our Democratic colleagues did not was done and it passed the House and children, if we pass this legislation, want the former Solicitor General, Ted came over here, we were told by a num- would have the benefits of this insur- Olson, to be nominated. He, in my ber of individuals if we would hold off ance. If we don’t pass it, as indicated in view, would have made an outstanding on this legislation, there would be an some of the statistics I gave a minute choice. But the administration did not agreement reached, and I thought that ago, 9 States will run out of money in nominate him. was a good suggestion. As the RECORD March and 21 States will run out next Our Democratic colleagues said if, in- indicates, yesterday I asked that that year sometime. stead, the President ‘‘were to nominate be the case. Obviously, that was not The program now has 5.5 million chil- a . . . conservative . . . like Mike the case. An objection was heard and dren on it. If we don’t do anything by Mukasey,’’ he ‘‘would get through the we were unable to delay the vote. year’s end, it will be down to about 3 Senate very, very quickly.’’ Well, the This morning, we heard something million children. That is what I am President didn’t nominate somebody from the President that is totally dif- told. If we pass our legislation—and it like Mike Mukasey; the President ferent. He keeps changing the ball doesn’t cost the American people any nominated Mike Mukasey himself. He here. First of all, he indicated to Lead- money—we would wind up having 10 received widespread acclaim for taking er PELOSI and me that he would like to million children covered. As I have in- that step. sit down and talk to us. He said that dicated, most all adults will be off the So it is apparent the President acted publicly in the press. After the veto program, as I have indicated to the in a very bipartisan fashion in reaching vote, he said he would like to come chair and to those within the sound of the decision he did to nominate Judge down and talk to us. Then he said, no, my voice. Mukasey. I am not going to talk to you; talk to This is a good program. This doesn’t So did our Democratic colleagues re- my staff. Obviously, he wasn’t leveling take into consideration approximately ciprocate to that act of good faith? At with the American people then. 50 million people who have no health this point, it is kind of difficult to say Today, he came up with a new deal. insurance, but it takes care of a few of they have. First, they held up the nom- He doesn’t like the way it is paid for. I the children—the little people—who ination for weeks before even sched- guess his term of reference is that we need help when they are sick and hurt. uling a hearing—an action—or, more don’t pay for much around here. That This allows them even to go get some precisely, an inaction—which the is why we have these staggering defi- preventive care, which is badly needed, Washington Post termed ‘‘irrespon- cits. But he said in the press today he which will save our country a lot of sible.’’ didn’t like the way it is paid for. Re- money in the so-called outyears. Then, despite the fact that Judge member, we are on a pay-go program We are ready and willing to be rea- Mukasey testified for 2 days and an- around here. Any new spending has to sonable, but it appears we have no al- swered 250 questions in the process, our be paid for. This children’s health pro- ternative, based on what we did yester- Democratic colleagues asked him to gram is paid for with tobacco taxes. So day, to proceed forward and send the answer an additional 500 written ques- the goalposts keep being moved. bill to the President again. The only tions. By contrast, Attorney General What are the consequences? Is it a thing that would come in the way of Reno did not receive any written ques- bunch of talk by Government officials, that is if the Republicans use whatever tions until after she was confirmed. of which I am one? It is very serious. excuse they can come up with to try to Then it took over 2 weeks for a markup Twenty-one States will run out of satisfy the President. to be scheduled. I understand one now money for childrens’ health insurance As I said yesterday, in the 7 years has been scheduled for next Tuesday, in the coming year. At least nine of this man has been President, he has and I am certainly glad that has finally those States will exhaust their allot- had the strings on his puppets in the occurred, but it shouldn’t have taken ments in March if Congress continues Senate. Maybe people who voted for nearly this long. spending at current levels. this on more than one occasion will Months ago our Democratic col- There is a report that came out switch and say we don’t like the way leagues told us ‘‘this Nation needs a today in the New York Times news- we are being treated. Remember, we new Attorney General and it can’t af- paper. California is adopting rules, in have given them everything they want- ford to wait.’’ That was the cry on the case that happens, to create a waiting ed, and they could not take yes for an other side: We need a new Attorney list and remove more than a million answer yesterday. General and we can’t afford to wait. children who are already on the rolls. f Unfortunately, since then, we have These are kids. The nine states that been waiting and waiting and waiting. will run out of money by March are RECOGNITION OF THE REPUBLICAN LEADER We have been waiting so long that Alaska, Georgia, Illinois, Iowa, Maine, Judge Mukasey’s nomination is the Maryland, Massachusetts, New Jersey, The ACTING PRESIDENT pro tem- longest pending Attorney General nom- and Rhode Island. This comes from a pore. The Republican leader is recog- ination in two decades. nonpartisan, nonpolitical organization, nized. Now the good news is that the mark- the Congressional Research Service. f up has been set. We need to get Judge So there are real consequences to Mukasey’s nomination to the floor for what we are not doing. We are going to NOMINATION OF JUDGE MICHAEL B. MUKASEY an up-or-down vote as soon as possible. go ahead with the vote today and com- I think we have seen some unfortu- plete this legislation, as I indicated, Mr. MCCONNELL. Mr. President, nate flareup of partisanship. Hopefully sometime this week. If we have to today marks the 40th day since the that will not continue and we can get work into the weekend, we will. I have nomination of Judge Michael Mukasey Judge Mukasey to work down at the alerted the Republican leader of that. to be Attorney General. Justice Department where we all agree If necessary, we can, of course, con- The Mukasey nomination was the his services are very greatly needed. dense that time, but it would take con- culmination of a process in which the sent of all the Senators. President was extremely solicitous of f We are, in good faith, trying to pro- the views of the Democratic majority. tect children—children who are already Let’s recap. Our friends on the Demo- receiving the benefits of this program cratic side of the aisle did not want the RESERVATION OF LEADER TIME that was adopted 10 years ago on a bi- former Attorney General to continue The ACTING PRESIDENT pro tem- partisan basis, led by Senators KEN- in office and, as we all know, he re- pore. Under the previous order, the NEDY and HATCH. Now we are trying to signed. leadership time is reserved.

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.001 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13591 MORNING BUSINESS Insurance Program rests with him and in $50 billion into it. The Republicans The ACTING PRESIDENT pro tem- it rests with him, President Bush, wanted to put $22 billion into it. What pore. Under the previous order, the alone. we did, the four of us Senators who are Senate will now proceed to a period for The Democratic leader was talking doing this, met every single afternoon the transaction of morning business for about some of the falsehoods the Presi- for weeks and for months from 5 to 7 to 60 minutes, with Senators permitted to dent has used in arguing against—pub- figure out a way, arguing, walking out sometimes, negotiating, and finally speak for up to 10 minutes each, with licly, constantly, all the time—the coming to the figure of $35 billion, and the first 30 minutes under the control Children’s Health Insurance Program, we were all happy. We all shook hands of the majority and the final 30 min- none of which are true. All of those with pride because we knew we were utes under the control of the Repub- who not only created the program, as I did along with John Chafee and ORRIN doing something good for America’s licans. children. There were no politics there. The Senator from West Virginia. HATCH, but those of us who are working on it now, in an extraordinarily bipar- It was pure negotiations in the interest f tisan way amongst ourselves and with of the people who don’t start wars, who don’t get our Nation into trouble, and CHILDREN’S HEALTH INSURANCE the House, are trying to make it work. who don’t have any health insurance. PROGRAM But over all that, there is this looming understanding that no matter what we Congress met its responsibility. We Mr. ROCKEFELLER. Mr. President, do, the President is going to veto the did the right thing by our children. The yesterday the President of the United bill. I will get into that later. President perhaps didn’t understand States stood on the steps of the White So now the President is threatening the policy involved. I don’t know. As House and had the audacity to lecture to veto and then veto again and then the leader indicated, he didn’t want to Congress about how to do our work. It veto again appropriations bills aimed talk about it. But he certainly delib- is precisely a lack of Presidential lead- at investing in other pressing domestic erately told a lot of falsehoods about ership, potentially a lack of policy in- needs. While, at the same time he is the program, and the leader also dis- terest, and certainly a lack of under- pushing to make the tax cuts for bil- cussed that situation, never men- standing of responsible Government lionaires and millionaires, that I re- tioning that 91 percent of all children that is getting in the way of solving ferred to before, permanent while advo- retrospectively and prospectively—the our Nation’s problems—the President. cating little to nothing for hard-work- 6.6 million plus the 4 million—are at This Congress inherited a growing ing, middle-class families. 200 percent of poverty or below—91 per- deficit from Mr. Bush—his created def- Congress is keeping its promise to cent, 9 out of 10. icit, not his father’s; his—and Congress the working-class families in West Vir- I see them with my eyes in West Vir- has committed to live by a pay-as-you- ginia and around the Nation. We try to ginia. I see them as a VISTA volunteer. go way of spending which makes life put the best interests of our soldiers, I see them now as a relatively senior, very tough. It is the absolute height of our children, our veterans, and our though still junior, Senator because they are people. When their teeth are hypocrisy to have a President who ef- families first, and we have done so. We not fixed, their lives are changed. When fectively frittered away, gave away, to are the ones who have done that. If the their baby teeth are not fixed, don’t his rich friends a $5.6 trillion surplus President thinks that vetoing bill after worry about the adult teeth to follow; and to have him lecturing the Congress bill and threatening to do so, setting they are already compromised. And im- about skyrocketing spending. the tone to do so, somehow achieves munizations, EPSDT, all kinds of other Did all of that go to his rich friends? his goals, it is going to make him even No; most of it did. Some of it went to health care needs. less relevant to the American people We did the right thing by our chil- his brilliantly conceived war in Iraq than he is now. which has made America a much less dren. The President—and it was the Let me comment a little bit more on President who decided to veto this safe place to live, while the Taliban his statement regarding CHIP, the and others grow stronger in Afghani- bill—it was the President who abdi- Children’s Health Insurance Program. cated his moral responsibility to our stan. It is certainly the best program since America needed, when he took office children in favor of tobacco and par- Medicaid in terms of health care and tisan politics, or ideology. It doesn’t and especially after 9/11, to make some one which is working, according to all substantial investments in our defense matter, does it, if he is going to veto analysis, efficiently and effectively and the bill. I just came from a meeting a and intelligence infrastructure, as well humanely. half hour ago where Republicans and as very new and very good homeland As we all know, after months of in- Democrats from the House and Senate security initiatives to respond to the tense negotiations between Repub- were trying to work out a compromise, September 11 attacks and ongoing licans and Democrats, Congress pre- but there was this looming sense that threats. That spending was required for sented a bill to the White House that whatever we do was going to get ve- our national security. would continue the health care cov- toed, so it didn’t make any difference. Generally speaking around here, we erage of the 6.6 million children cur- Ten million children—this isn’t some take national security pretty seri- rently covered and add on approxi- controversial dam or earmark. This is ously. We do on the Intelligence Com- mately 4 million more. It would give 10 uninsured children. Some of them had mittee. But that is not where the bulk million-plus children insurance, little been previously uninsured and now are, of taxpayers’ dollars has gone under children who have no health insurance, and 4 million more who are uninsured. this administration. Instead, we have and we want to tend to that problem. They are children. If you don’t get a given trillions of dollars away in tax It has been an entirely bipartisan healthy start in life, everything is cuts to millionaires and billionaires, process. CHUCK GRASSLEY, the honor- compromised—your health, your self- and we are in year 5 of an astronomi- able senior Senator from Iowa, MAX esteem, your prospects, your future, cally expensive Iraq war with a failed BAUCUS, the honorable senior Senator your life. It starts with health care. strategy that is, as I said, making from Montana, JAY ROCKEFELLER, the It is the President who continues to America less safe. honorable junior Senator from West tell these falsehoods about our bill to I am going to say to the President, Virginia, and ORRIN HATCH, the honor- take attention away from the real this is not a political speech. I do not able senior Senator from Utah have issue. This is not about the cost of the often come to the floor of the Senate to worked for months, more importantly bill, this is not about uninsured adults, speak. I prefer to do my work in com- have our staffs, on a bipartisan basis, this is not about illegal immigrants. mittees and in conferences. But I am have worked for months, 7 days a week, This is about not wanting to give poor fed up and outraged at what has tran- through the night, to try to make this and low-income children and children spired from the White House. bill work. whose parents cannot afford private in- Meanwhile, on the home front, our The President wanted to put $5 bil- surance access to something monu- domestic priorities, such as children, lion into it, which would have cut a lot mental called health care. we have met a concrete wall of resist- of children out of health insurance. Ob- The President said so himself in a ance. The veto of the Children’s Health viously, the Democrats wanted to put statement which I can barely get out of

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.003 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13592 CONGRESSIONAL RECORD — SENATE October 31, 2007 my mouth. He said to a Cleveland audi- engage the White House. We have tried The PRESIDING OFFICER. Without ence on July 10 of this year: to do it not for the sake of just simply objection, the Senator from Arizona is I mean, people have access to health care crafting a bill, but because we have a recognized. in America, after all. You just go to the passionate belief that goes back to f emergency room. 1996—a passionate belief that we are Mr. President, you cannot under- speaking on behalf of millions of Amer- NOMINATION OF JUDGE MICHAEL stand health care, you cannot under- ican families who cannot afford some- MUKASEY stand any of its intricacies, you cannot thing so basic as health care and that Mr. KYL. Mr. President, I wish to understand any of its broad oversweeps we can fix it for them for $35 million, urge the swift confirmation of Judge and ever, not even once in your life, and that is over a period of years, but Michael Mukasey as Attorney General. make a statement such as that. The we were rebuffed. We were vetoed, and It has been 6 weeks now, and the Sen- last time as a Senator I was in a wait- we have actually been vetoed verbally ate Judiciary Committee has not even ing room in an emergency room with a five or six times since. taken up the nomination. It is past child was about 1 or 2 years ago, and we CHIP is a bipartisan program. The time to fill this vacancy. waited 9 hours. So that statement, bill passed by the Congress is a bipar- There is no question this nominee is which is hard for me to say, alone, tisan bill. It does have strong Repub- qualified to serve. I don’t need to recite speaks volumes about his less than lican support. There were a lot of Re- his qualifications. They were men- compassionate intentions. publicans in the House who voted for tioned by many Members at Judge Yesterday, the President accused their version of the bill despite very Mukasey’s nomination hearing. Democrats in Congress of going it obvious arm-twisting by the White The distinguished majority leader alone without seeking input from Re- House. If there is any hope left of en- said: publicans. There is absolutely nothing acting a children’s health insurance Judge Mukasey has strong professional that could be further from the truth. bill this year, it is because there is still credentials and a reputation for independ- We sought input from him, and we were a bipartisan group of Senators and ence. A man who spent 18 years on the Fed- turned down. We have done nothing but Congressmen who are working to keep eral bench surely understands the impor- work with Republicans. We were work- it together. tance of checks and balances and knows how But if the President continues to to say no to the President when he oversteps ing with Republicans 45 minutes ago in the Constitution. an hour, hour and a half long meet- mischaracterize our bill and engage in ing—I don’t know how long. I think we disinformation, then I would say to my There is no question, the Nation are meeting again this afternoon—from colleagues: Enough is enough. Enough would be well served by Judge the House. We are trying to resolve is enough. Either you are for giving Mukasey’s confirmation. Indeed, in this, all at the same time under- kids a healthy start in life or you are recommending Judge Mukasey to serve standing that at the end of the day it not. It is that simple. Money is not the on the Supreme Court, Senator SCHU- is probably all going to get vetoed. But problem. Paying is the problem. Injus- MER noted that Judge Mukasey, and we don’t care because we do care about tice is the problem. Poverty is the the others he recommended: children. It is about children. It is problem. Money is not. . . . were legally excellent, ideologically about children and their right to have Well, the President has made his moderate, within the mainstream, and have choice. For him, children evidently demonstrated a commitment to the rule of health care, and we are in a position to law. do it. don’t really need health care. They can I went to a high building in New just go to the emergency room. It is Surely, if a man is qualified and inde- York at the invitation of somebody, really a poignantly horrible statement pendent enough to be on the Supreme and I walked in and I was greeted very for him to have made. I don’t know if Court, we should have far fewer con- coldly. I sat down. I was stared at very he has ever been to an emergency cerns when nominating him to serve coldly. I became moderately unhappy. room. I have. He is entitled to his con- the remaining time of about 1 year as So I decided to start out the conversa- science, of course, and he is entitled to Attorney General. tion, which he had asked for. his opinion. He is entitled to protecting It seems to me that what this debate I said: How much are you going to tobacco over protecting children. That boils down to is politics. Some Mem- make this year? is his right. He is the President. He has bers want more information about his He said: $183 million. the veto pen, and he can sign or veto. views. I would note that he testified for But he said: If you people on the Fi- He chooses to veto. But let us be very 2 full days and has answered nearly 500 nance Committee would do something clear: He will have this as his legacy. written questions. The initial reaction about deferred compensation, I could As a nation, we have always done from many of my Democratic col- make more. what is right by our most vulnerable leagues was that he was extremely Now, this put me in a real kind of populations, not sometimes as effi- forthcoming and they were pleased quandary. I didn’t want to be impo- ciently or as swiftly as we could, but as with his candidness. But for some Sen- lite—I did want to be impolite, but I we could. Our seniors and our children ators, apparently this is not enough. It didn’t want to show it—and so I said to have always been at the top of that. almost seems to me as if some of my him: How is it that I describe some- Now our veterans are sacred. Veterans, colleagues are willing to hold this thing called the United States of Amer- when they go to serve our country, are nomination hostage until he gives ica? How is it that I deal with income soldiers for their entire lives, and we them exactly the answers they want, disparity? How is it that I come from protect them. If this President won’t even when he is unable as a legal mat- your $183 million, plus whatever it is if live up to that ideal, then it is time to ter to do that. we did on the Finance Committee get one who will. Let me explain why. Judge Mukasey would give you more, to the fact that I thank the Presiding Officer, and I has not been briefed on classified pro- the average working family who pays yield the floor. grams, and he will not be briefed on taxes and works and has children in The PRESIDING OFFICER (Mr. classified programs until he becomes West Virginia has an income of $26,600 MENENDEZ). The Senator from Arizona. the Attorney General, but some of my a year? How do I get from $26,000 a year Mr. KYL. Might I just inquire now, colleagues now seem to be saying he to $183 million-plus a year and still call would we be beginning the Republican should have to make pronouncements this the United States of America, time for morning business? about the legalities of those programs which is trying to resolve income dis- The PRESIDING OFFICER. There is even when he doesn’t know their de- parity and treat people fairly? still 91⁄2 minutes remaining on the tails—can’t know their details. How is I couldn’t do it. The conversation Democratic time. this independent? was not pleasant, and I got up and Mr. KYL. I understand we have per- I would suggest this: My colleagues walked out. I am happy to say the gen- mission to proceed, and I thank the don’t want an Attorney General who is tleman was fired a week later. majority for that and would note that independent; they want an Attorney So we have tried to get the attention when speakers come on their side, then General who will kowtow to their of the White House. We have tried to they would be entitled to their time. views and make pronouncements over

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.004 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13593 issues on which he is not legally al- General of the United States, 40 days in ment and restore the sense of integrity to lowed to opine. That is, of course, the the partisan wilderness for a man who the Department of Justice. opposite of independence. is superbly qualified and widely re- The Senator from New York, Mr. Since the beginning of this Congress, spected and whose service is des- SCHUMER, who knows him well, said the Democratic Senators have repeatedly perately needed. nominee would have to be someone of called for new leadership at the Depart- Before addressing what is being done unimpeachable integrity, experience, ment of Justice. They have said the to Judge Mukasey, let me remind my and someone who could hit the ground work of the Department is too impor- colleagues who he is. Michael Mukasey running. tant to delay confirmation of a new At- has spent four decades serving the law I respectfully say to my Democratic torney General. Well, now is the time and the country. He spent 16 years in colleagues that Judge Mukasey fits for them to act. private legal practice, 4 years as a Fed- your bill. He can run the place. He is a Before the nomination, Senator eral prosecutor, and 19 years as a Fed- man of integrity and experience. He SCHUMER said: eral district court judge. He was head certainly can hit the ground running. Let me say, if the President were to nomi- of the Official Corruption Unit during It appeared for a short, brief time nate somebody, albeit a conservative, but his service as assistant U.S. attorney that my Democratic colleagues somebody who put the rule of law first, and chief judge during his last 6 years thought so too. After a full day of tes- someone like a Mike Mukasey, my guess is as a U.S. district judge, both in the timony, Chairman LEAHY told Judge that they would get through the Senate Southern District of New York. Mukasey that his answers showed his very, very quickly. Judge Mukasey’s service in that par- independence and his agreement that Well, my colleague would have ticular jurisdiction gave him the exper- political influence has no place in law guessed wrong. It hasn’t been quick. tise in national security issues that enforcement. The Senate Judiciary Committee has makes him especially qualified to lead Mr. SCHUMER, the distinguished Sen- not moved quickly, and this is all the a Justice Department that is being re- ator from New York, said: worse because the average amount of tooled for the war on terrorism and es- The most important qualities we need in time between nomination and con- pecially since the war on terrorism an Attorney General right now are independ- firmation of the last nine Attorneys continues as we stand here on the ence and integrity, and looking at Judge General has been 21 days. Already floor. He presided over the 9-month Mukasey’s career and his interviews that we Judge Mukasey has been pending for trial of Omar Abdel Rahman and sen- have all had with him, it seems clear that tenced him to life in prison for the 1993 Judge Mukasey possesses these vital at- about twice that period of time—6 tributes. weeks—longer than any Attorney Gen- plot to blow up the World Trade Cen- I ask unanimous consent that these eral nominee in 20 years. If these ter. and some other quotes be printed in delays continue, obviously new records When the U.S. Court of Appeals for the RECORD following my remarks. are sure to be broken. the Second Circuit affirmed Judge Mukasey’s decision, it took the un- The PRESIDING OFFICER. Without The bottom line here is that Presi- objection, it is so ordered. dent Bush has nominated a distin- usual step of commenting on how he handled the trial. These are the appeals (See Exhibit 1.) guished and nonpolitical candidate to Mr. HATCH. We need a new Attorney court’s words. Judge Mukasey: be the next Attorney General. The Sen- General now. In fact, we needed him 40 ate should reciprocate by using the . . . presided with extraordinary skill and days ago. Justice is too important to confirmation process not to settle old patience, assuring fairness to the prosecu- tion and to each defendant and helpfulness wait. Judge Mukasey meets the cri- scores or to politicize the nomination. to the jury. His was an outstanding achieve- teria. He is qualified. He is ready to Independence has to mean something. ment in the face of challenges far beyond lead. Then why is Judge Mukasey not We do not want an Attorney General those normally endured by a trial judge. already on the job leading the Justice who refuses to give his honest legal That was the U.S. Court of Appeals Department to where Americans think opinions to the President, and we don’t for the Second Circuit on August 16, it needs to be? Why is his nomination want one who is forced to make com- 1999. stalled, 40 days into the confirmation mitments to the Senate that are not That is a remarkable statement. Ap- process, without even a committee grounded in facts or law. peals courts review district court deci- vote? The Department of Justice needs an sions, but rarely do they comment in It is certainly not because this is the Attorney General with the foresight this manner on district court judges. way Attorney General nominees have and experience to resolve the issues the Both generally and specifically, by been treated in the past. In my 31 years Nation’s top law enforcement agency any reasonable or objective standard, in this body, we have taken an average faces and to tackle the difficult chal- Judge Mukasey is eminently qualified of 3 weeks to move an Attorney Gen- lenges especially presented in a post- to be our next Attorney General. By eral nominee from nomination to con- 9/11 world. The qualities and back- the standards set by my Democratic firmation. It has already been twice ground of Judge Michael Mukasey, colleagues themselves, Judge Mukasey that long—40 days and counting—for combined with his extensive experience should by now have become Attorney Judge Mukasey, and he was only today in national security and terrorism General Mukasey. My Democratic col- put on the Judiciary Committee agen- cases, commend him to serve as Attor- leagues have repeatedly said that the da for next week. ney General in these challenging times. Justice Department needs new leader- Let me rewind the confirmation It is important for the Senate to move ship and needs it now. The Senator clock to 1993, the last time a Demo- on with this important business of the from New York, Mr. SCHUMER, whom cratic Senate evaluated a nominee for Nation so that Judge Mukasey can be my colleague from Arizona quoted, is a Attorney General. Janet Reno, the voted on by the Senate. Judiciary Committee member and a se- Democratic nominee, received very dif- The PRESIDING OFFICER. The Sen- rious one. He has said: ferent treatment than this Republican ator from Utah. We can’t afford to wait because justice is nominee is receiving today. Miss Mr. HATCH. Mr. President, I wish to too important. Reno’s nomination went through the be associated with the remarks of the He is not alone in making that state- entire confirmation process from ini- distinguished Senator from Arizona. I ment among the Democrats. The tial receipt to final confirmation in think he summed it up pretty well, but Democratic mantra is, justice is too less time than Judge Mukasey’s nomi- let me just make some comments my- important to wait; we need a new At- nation has been sitting in the Judici- self about the Mukasey nomination. torney General now. My Democratic ary Committee since this hearing. Just when you thought it might be colleagues also offered criteria, offered While the Judiciary Committee will safe to venture back into the confirma- a description of the kind of Attorney not vote on Mukasey’s nomination tion water, the partisan sharks rush in General we need right away. The chair- until at least next week, the com- and push you right back onto the man of the Judiciary Committee, Sen- mittee did not even wait for a markup beach. Today is 40 days—40 days—since ator LEAHY, said: to approve the Reno nomination. the Senate received the nomination of We want the best man or woman who can I was the ranking member on the Ju- Judge Michael Mukasey to be Attorney run the place, restore the sense of commit- diciary Committee, and I supported

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.006 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13594 CONGRESSIONAL RECORD — SENATE October 31, 2007 then-Chairman BIDEN’s request to vote (See Exhibit 2.) succinctness of your answers but the clarity on Miss Reno’s nomination at the end Mr. HATCH. Judge Mukasey wrote: of them.’’ Senator Ben Cardin (D–MD): October 17, of the hearing. I knew Janet Reno was Legal questions must be answered based 2007: ‘‘I’ve been very impressed by the direct solely on the actual facts, circumstances and very liberal. I knew she didn’t agree answers that you’ve given to very important legal standards presented. with most Republican Senators. But questions.’’ she was qualified. She was a decent How can he possibly be criticized for EXHIBIT 2 person. To be honest with you, the Sen- making legal judgments by applying MICHAEL B. MUKASEY ate unanimously confirmed her the legal standards to appropriate facts? Hon. PATRICK J. LEAHY, Hon. JOSEPH R. very next day after the hearing, with- What kind of crazy, topsy-turvy con- BIDEN, Jr., Hon. DIANNE FEINSTEIN, Hon. out even a markup. firmation process is this? My Demo- CHARLES E. SCHUMER, Hon. BENJAMIN L. While Senators gave Judge Mukasey cratic colleagues demanded over and CARDIN, Hon. EDWARD M. KENNEDY, Hon. nearly 500 written questions, after 2 over that, if confirmed, Judge Mukasey HERB KOHL, Hon. RUSSELL D. FEINGOLD, days of oral testimony—500 written must exercise his own independent Hon. RICHARD J. DURBIN, Hon. SHELDON questions, the answers to which he al- judgment and that he must answer WHITEHOUSE, ready has provided, I might add—no legal questions on his own; that he DEAR CHAIRMAN LEAHY, SENATORS KEN- Senators gave even a single question to must not base advice on political pres- NEDY, BIDEN, KOHL, FEINSTEIN, FEINGOLD, SCHUMER, DURBIN, CARDIN and WHITEHOUSE: Miss Reno. sure. But now they criticize him for Thank you for your letter of October 23, 2007. What happened? Why such radically doing precisely what they told him to I well understand the concerns of the Sen- different treatment when a Democratic do. Democrats now criticize Judge ators who signed this letter that this Coun- nominee for Attorney General comes Mukasey for saying he will exercise his try remain true to its ideals, and that in- up? It is simply because a Republican own independent judgment and answer cludes how we treat even the most brutal rather than a Democrat is in the White legal questions on his own, without terrorists in U.S. custody. I understand also House and because we have a different basing his advice on political pressure. the importance of the U.S. remaining a na- approach toward matters. My Democratic colleagues cannot in- tion of laws and setting a high standard of Most of us believe when a President respect for human rights. Indeed, I said at sist that Judge Mukasey be inde- the hearing that torture violates the law and is elected, that President, he or she, pendent toward a Republican President the Constitution, and the President may not should have the right to the nominees but compliant toward a Democratic authorize it as he is no less bound by con- they put up, as long as they are com- Senate. They cannot declare that the stitutional restrictions than any other gov- petent and decent. Constitution is not whatever President ernment official. The need for new Justice Department Bush says it is, but demand Judge I was asked at the hearing and in your let- leadership remains. Judge Mukasey’s Mukasey’s agreement that the Con- ter questions about the hypothetical use of certain coercive interrogation techniques. obvious qualifications are the same. stitution is whatever Senate Demo- What happened that his nomination is As described in your letter, these techniques crats say it is. seem over the line or, on a personal basis, re- now being obstructed, slowed down, We should stop playing partisan po- pugnant to me, and would probably seem the and delayed? The latest excuse is that litical games with this nomination. same to many Americans. But hypotheticals Judge Mukasey will not state on the The Justice Department is too impor- are different from real life, and in any legal fly a legal conclusion for a Justice De- tant for this type of stuff. Judge opinion the actual facts and circumstances partment he has not yet led about Mukasey is eminently qualified to pro- are critical. As a judge, I tried to be objec- whether the coercive interrogation vide the leadership the Department tive in my decision-making and to put aside technique known as waterboarding needs now. His insistence that inde- even strongly held personal beliefs when as- constitutes torture. He will not come sessing a legal question because legal ques- pendent legal judgment rather than tions must be answered based solely on the to legal conclusions before he can emotion or partisan pressure will guide actual facts, circumstances, and legal stand- apply appropriate legal standards to him only enhances his fitness for tak- ards presented. A legal opinion based on hy- appropriate facts. I think that is a ing the helm at the Justice Depart- pothetical facts and circumstances may be of mark in his favor. He should be ment. some limited academic appeal but has scant praised, not criticized, for taking this Forty days into the partisan wilder- practical effect or value. approach. ness is more than enough. We should I have said repeatedly, and reiterate here, that no one, including a President, is above Rather than focusing on his refusal confirm Judge Michael Mukasey with- to answer a question that he should not the law, and that I would leave office sooner out further delay. than participate in a violation of law. If con- answer, I want to remind my col- I yield the floor. firmed, any legal opinions I offer will reflect leagues what Judge Mukasey has said EXHIBIT 1 that I appreciate the need for the United on this subject. Everyone appeared DEMOCRATS SAY THE JUSTICE DEPARTMENT States to remain a nation of laws and to set pleasantly surprised when Judge NEEDS NEW LEADERSHIP NOW the highest standards. I will be mindful also of our shared obligation to ensure that our Mukasey denounced torture during his Senator Chuck Schumer (D–NY): May 24, Nation has the tools it needs, within the law, hearing. He went so far as to explain 2007: ‘‘This nation needs a new Attorney Gen- to protect the American people. how torture violates not only statutes eral, and it can’t afford to wait.’’; August 27, Legal opinions should treat real issues. I or treaties but the United States Con- 2007: ‘‘the Justice Department . . . des- have not been briefed on techniques used in perately needs new leadership.’’ stitution itself. any classified interrogation program con- Senator Sheldon Whitehouse (D–RI): June Judge Mukasey said if waterboarding ducted by any government agency. For me, 11, 2007: ‘‘the U.S. Department of Justice is a properly can be labeled torture, then it then, there is a real issue as to whether the precious institution in our democracy . . . too is unconstitutional. In a letter techniques presented and discussed at the and we need to take some action.’’ dated yesterday, Judge Mukasey said hearing and in your letter are even part of he considers techniques such as DEMOCRATS PRAISE JUDGE MUKASEY any program of questioning detainees. Al- waterboarding personally repugnant. Senator Chuck Schumer (D–NY): May 22, though I have not been cleared into the de- But personal conclusions are not the 2007: ‘‘If the president were to nominate tails of any such program, it is my under- somebody . . . like a . . . Mike Mukasey, my standing that some Members of Congress, in- same as legal conclusions. So Judge guess is they would get through the Senate cluding those on the intelligence commit- Mukasey outlined in detail the kind of very, very quickly.’’; October 17, 2007: ‘‘The tees, have been so cleared and have been analysis he would follow to decide most important qualities we need in an At- briefed on the specifics of a program run by whether such interrogation techniques torney General right now are independence the Central Intelligence Agency (‘‘CIA’’). constitute torture prohibited by the and integrity. And looking at Judge Those Members know the answer to the Constitution, or cruel, inhuman, or de- Mukasey’s career and his interviews that we question of whether the specific techniques grading treatment prohibited by stat- have all had with him, it seems clear that presented to me at the hearing and in your ute and the Geneva Conventions. Judge Mukasey possesses these vital at- letter are part of the CIA’s program. I do I ask unanimous consent that his let- tributes.’’; October 18, 2007: ‘‘He could get a not. unanimous vote out of this committee. . . . I do know, however, that ‘‘waterboarding’’ ter be printed in the RECORD following It’s not a done deal yet. But he could.’’ cannot be used by the United States military my remarks. Senator Pat Leahy (D–VT): October 16, because its use by the military would be a The PRESIDING OFFICER. Without 2007: ‘‘I would expect him to be confirmed.’’; clear violation of the Detainee Treatment objection, it is so ordered. October 17, 2007: ‘‘I appreciate [not only] the Act (‘‘DTA’’). That is because ‘‘water-

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.007 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13595 boarding’’ and certain other coercive interro- cumstances of the technique’s past or pro- ercise my independent judgment when pro- gation techniques are expressly prohibited posed use. This is the test mandated by the viding advice to the President, regardless of by the Army Field Manual on Intelligence Supreme Court itself in County of Sacramento whether that advice was what the President Interrogation, and Congress specifically leg- v. Lewis in which it wrote that ‘‘our concern wanted to hear. I told you that it would be islated in the DTA that no person in the cus- with preserving the constitutional propor- irresponsible for me to do anything less. It tody or control of the Department of Defense tions of substantive due process demands an would be no less irresponsible for me to seek (‘‘DOD’’) or held in a DOD facility may be exact analysis of circumstances before any confirmation by providing an uninformed subject to any interrogation techniques not abuse of power is condemned as conscience legal opinion based on hypothetical facts and authorized and listed in the Manual. shocking.’’ 523 U.S. 833, 850 (1998) (emphasis circumstances. In the absence of legislation expressly ban- added). As the Supreme Court has explained, As I testified, if confirmed I will review ning certain interrogation techniques in all a court first considers whether the conduct any coercive interrogation techniques cur- circumstances, one must consider whether a is ‘‘arbitrary in the constitutional sense,’’ a rently used by the United States Govern- particular technique complies with relevant test that asks whether the conduct is propor- ment and the legal analysis authorizing legal standards. Below, I provide a summary tionate to the governmental interests in- their use to assess whether such techniques of the type of analysis that I would under- volved. Id. at 847. In addition, the court must comply with the law. If, after such a review, take, were I presented as Attorney General conduct an objective inquiry into whether I determine that any technique is unlawful, with the question of whether coercive inter- the conduct at issue is ‘‘egregious’’ or ‘‘out- I will not hesitate to so advise the President rogation techniques, including ‘‘water- rageous’’ in light of ‘‘traditional executive and will rescind or correct any legal opinion boarding’’ as described in your letter, would behavior and contemporary practices.’’ Id. at of the Department of Justice that supports constitute torture, cruel, inhuman or de- 847 n.8. This inquiry requires a review of ex- use of the technique. I view this as entirely grading treatment, or a violation of Common ecutive practice so as to determine what the consistent with my commitment to provide Article 3 of the Geneva Conventions. United States has traditionally considered to independent judgment on all issues. That is The statutory elements of torture are set be out of bounds, and it makes clear that my commitment and pledge to the President, forth in 18 U.S.C. § 2340. By the terms of the there are some acts that would be prohibited to the Congress, and to the American people. statute, whether a particular technique is regardless of the surrounding circumstances. Each and all should expect no less from their torture would turn principally on whether it I would have to ensure also that any tech- Attorney General. is specifically intended to cause (a) severe nique complies with our Nation’s obligations physical pain or suffering, or (b) prolonged under the Geneva Conventions, including Sincerely, mental harm resulting from certain specified those acts, such as murder, mutilation, rape, MICHAEL B. MUKASEY. threats or acts. If, after being briefed, I de- and cruel or inhuman treatment, that Con- The PRESIDING OFFICER (Mr. termine that a particular technique satisfies gress has forbidden as grave breaches of BROWN). The Senator from Texas is rec- the elements of section 2340, I would con- Common Article 3 under the War Crimes Act. ognized. clude that the technique violated the law. With respect to any coercive interrogation Mr. CORNYN. Mr. President, may I I note that the Department of Justice pub- technique, the prohibition on ‘‘cruel or inhu- inquire how much more time this side lished its interpretation of 18 U.S.C. § 2340 in man treatment’’ would be of particular rel- of the aisle has in morning business? a December 30, 2004 memorandum to then- evance. That statute, similar in structure to The PRESIDING OFFICER. The Sen- Deputy Attorney General James B. Comey, 18 U.S.C. § 2340, prohibits acts intended (a) to which superseded the memorandum of Au- cause serious physical pain or suffering, or ator from Texas would have 12 min- gust 1, 2002 that I testified was a ‘‘mistake.’’ (b) serious and non-transitory mental harm utes. I understand that the December 30, 2004 resulting from certain specific threats or f memorandum remains the Department’s pre- acts. Also, I would have to consider whether vailing interpretation of section 2340. Al- there would be a violation of the additional SCHIP though the December 30, 2004 memorandum prohibitions imposed by Executive Order Mr. CORNYN. Mr. President, I realize to Mr. Comey does not discuss any specific 13440, which includes a prohibition of willful today is Halloween, so millions of chil- techniques, it does state that ‘‘[w]hile we and outrageous personal abuse inflicted for dren all over the globe will be showing have identified various disagreements with the purpose of humiliating and degrading the up at our homes, saying ‘‘trick or the August 2002 Memorandum, we have re- detainee. viewed this Office’s prior opinions addressing As I testified, any discussion of coercive treat.’’ Unfortunately, Congress has issues involving treatment of detainees and interrogation techniques necessarily in- been up to more tricks than treats do not believe that any of their conclusions volves a discussion of and a choice among lately. I say that with a sense of irony would be different under the standards set bad alternatives. I was and remain loath to but also a sense of great disappoint- forth in this memorandum.’’ discuss and opine on any of those alter- ment. Even if a particular technique did not con- natives at this stage for the following three Almost 3 weeks ago, on October 11, I stitute torture under 18 U.S.C. § 2340, I would principal reasons: First, to repeat, I have not sent a letter to Senator REID, the Sen- have to consider also whether it nevertheless been made aware of the details of any inter- ate majority leader, and the Speaker of would be prohibited as ‘‘cruel, inhuman or rogation program to the extent that any degrading treatment’’ as set forth in the such program may be classified, and thus do the House, Congresswoman PELOSI, DTA and the Military Commissions Act not know what techniques may be involved urging them to work across the aisle (‘‘MCA’’)—enacted after the Department of in any such program that some may find with Republicans and Democrats to Justice’s December 30, 2004 memorandum to analogous or comparable to the coercive come up with a sensible compromise on Mr. Comey—which extended the Convention techniques presented to me at the hearing the reauthorization of the State Chil- Against Torture’s prohibition on ‘‘cruel, in- and in your letter. Second, I would not want dren’s Health Insurance Program. human or degrading treatment’’ to individ- any uninformed statement of mine made dur- Today, as we know, is October 31, uals in United States custody regardless of ing a confirmation process to present our Halloween, and we have still not been location or nationality. Congress specified in own professional interrogators in the field, those statutes, as the Senate had in con- who must perform their duty under the most able to come up with a compromise senting to the ratification of the Convention stressful conditions, or those charged with that is reasonable and fiscally respon- Against Torture, that the Fifth, Eighth, and reviewing their conduct, with a perceived sible which the President will sign. The Fourteenth Amendments to the U.S. Con- threat that any conduct of theirs, past or families and the children in my State stitution would control our interpretation of present, that was based on authorizations of Texas who are, unfortunately, put on the phrase ‘‘cruel, inhuman or degrading supported by the Department of Justice edge and suffering some sense of anx- treatment.’’ could place them in personal legal jeopardy. iety wondering whether this important The Fifth Amendment is likely most rel- Third, for the reasons that I believe our in- program will continue to serve the evant to an inquiry under the DTA and MCA telligence community has explained in de- into the lawfulness of an interrogation tech- tail, I would not want any statement of mine needs of low-income children are being nique used against alien enemy combatants to provide our enemies with a window into unfortunately taken advantage of and held abroad, and the Supreme Court has es- the limits or contours of any interrogation disadvantaged. tablished the well-known ‘‘shocks the con- program we may have in place and thereby Why in the world would Congress science’’ to determine whether particular assist them in training to resist the tech- play this kind of game and make those government conduct is consistent with the niques we actually may use. who are the most vulnerable among us Fifth Amendment’s due process guarantees. I emphasize in closing this answer that the most anxious about their future See County of Sacramento v. Lewis, 523 U.S. nothing set forth above, or in my testimony, and whether they will be able to get 833, 850 (1998); Rochin v. California, 342 U.S. should be read as an approval of the interro- 165, 174 (1952). A legal opinion on whether any gation techniques presented to me at the the health care which everyone in Con- interrogation technique shocks the con- hearing or in your letter, or any comparable gress believes low-income children science such that it constitutes cruel, inhu- technique. Some of you told me at the hear- ought to receive? man or degrading treatment requires an un- ing or in private meetings that you hoped Instead of negotiating and trying to derstanding of the relevant facts and cir- and expected that, if confirmed, I would ex- come up with a sensible compromise,

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.008 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13596 CONGRESSIONAL RECORD — SENATE October 31, 2007 we find the leadership in the House of poor kids get health care first, before sured children in Texas who are eligi- Representatives rushing through a bill we look at growing this program to ble for Medicaid and SCHIP under the with little bipartisan input. Rather cover other more well-to-do children or current program are not signed up. than trying to hammer out a meaning- perhaps even adults as are covered cur- What is Congress doing to make sure ful compromise, we find a bill that ac- rently in four States. those children are reached out to, that tually costs just as much but serves The recent debate on SCHIP has fo- their parents are assisted in filling out fewer children and which otherwise cused too much on our political gains the paperwork so they can qualify for makes minor tweaks to the legislation. and not enough on the well-being of this program? Precious little. Precious This bill clearly misses the mark and our poor children. This bill has become little. fails to reauthorize the State Chil- another political football in a game Congress continues to add 140 percent dren’s Health Insurance Program ac- that has been raging for months, but, to the current authority under this cording to the original intent of the unlike any other game that I am famil- program, to take money out of nec- program, which is putting low-income iar with, this game has only an imagi- essary outreach to reach out to the children first, low-income children nary scoreboard, the results are arbi- low-income kids and to explode this whose families earn too much money trary, and nothing—nothing—it ap- program into one that covers people to qualify for Medicaid—that is up to pears, is out of bounds. making much more money than double 100 percent of the poverty level—but Whenever a health care package for the Federal level of poverty. who make up to 200 percent of the pov- low-income children is delayed because I will do everything in my power to erty level. Unfortunately, due to the some want to engage in partisan games ensure these children get the health inaction of the U.S. Congress, we have and political posturing, you know care they need. The problem is, as I 700,000 low-income Texas children who things have gone too far. and many of my colleagues have point- qualify for Medicaid, who qualify for They say the definition of insanity is ed out numerous times, this bill does SCHIP, but who are currently not doing the same thing over and over not make these children a priority. It signed up and receiving those benefits. again and yet expecting different re- does not make these children a priority Instead, Congress is taking its eye off sults. Well, by that definition, this is but, rather, an afterthought. the ball and exploding this sensible insanity. We know the original bill Instead, it puts other children, many program that deserves to be authorized that was vetoed by the President was of whom already enjoy the benefits of by raising the eligibility cap to 300 per- because it strayed far from the original private health insurance, in competi- cent of the poverty level but doing objectives. It was not funded on a tion with these low-income children for nothing—I reiterate—nothing to ensure source of revenue that could be ex- CHIP coverage. The result is that chil- that low-income children, including pected to pay for this radical expansion dren who most need it get crowded out 700,000 low-income children in Texas, of the current program by 140 percent. in favor of children who already have Well, we know the reasons the Presi- have coverage first before we grow the private health insurance. dent vetoed that legislation. And what This bill simply does not fix the prob- program to higher income levels and does the leadership in the House of lem. It raises the eligibility for CHIP cover adults as well. In fact, this legislation repeals the Representatives decide to do? Well, enrollment without a concerted effort requirement that 95 percent of low-in- they decide to essentially do the same to enroll those children who are cur- rently eligible first. Additionally, this come children below 200 percent of the thing again and dare the President, one new bill does nothing to close the loop- poverty level be covered first before ex- more time, to veto this legislation. It is clear this is not, by definition, holes on income disregard. Now, that is tending coverage to children from good-faith negotiation and attempt, on a fancy way of saying disregarding the higher income families. I do not believe a bipartisan basis, to solve this very rules. You say the rules are one thing, this provision has the interests of the real problem. Rather than give voice to but you come behind it later on and children this legislation was designed those who want to find a better and say: Well, forget some of these rules to serve put first. Instead, I think it more sensible solution to this problem, when it comes to qualifying income. puts partisan political interests ahead we will find ourselves this afternoon This bill is another example of that of the interests of low-income children. simply voting on another substantially kind of gamesmanship under the title All of this has come, of course, in re- flawed bill, which the President has of income disregards which allows sponse to the President’s veto of the likewise promised to veto. States the ability to, in effect, define a original SCHIP reauthorization, a pro- Of course, when the bill returns from family’s income by saying: We will not posal that failed to encourage partici- its short and uneventful trip to the take into account all income. We are pation among the poorest of our chil- White House, we will not fail to see the going to disregard some so you will dren, and instead expanded coverage to video cameras paraded out for the press qualify for this Federal Government children of higher income families as conferences to talk once more about taxpayer-paid-for benefit. well as adults. Rather than being an how the President and those who voted This loophole would allow States to obstacle, the President’s veto should be against this bill have heartlessly actually exceed 300 percent of poverty looked at as an opportunity to re- blocked it. level by disregarding part of the fam- engage on a bipartisan basis to come It has become a cynical ploy. Every- ily’s income. up with a solution. It is no wonder that body gets it. Only people inside the Neither does this bill address the Congress’s approval ratings are around beltway in Washington or inside this crowd-out effect which is expected to the 11-percent range. When the people Chamber who continue to engage in shift 2 million children from private across America look to Washington to partisan posturing do not get it. The coverage to government-run health find solutions to their problems, what American people see through it as care. There are a number of other prob- do they find? They find partisan pos- clearly as you would expect. lems with this bill that do nothing to turing and precious few results. The truth is no one wants to see eliminate the document fraud and This is an opportunity to deliver a SCHIP reauthorized more than the identity theft that would allow non- result and to keep a promise that we, Members of the Congress, on a bipar- citizens to qualify for the benefits on a bipartisan basis, have made to the tisan basis. It is an enormously suc- under this legislation. poorest children in our country. What cessful program passed with broad bi- We can do better. We must do better. should we have asked ourselves as to partisan support in 1997, and it should But we cannot do better as long as we what we should do? While we leave our be continued. As a matter of fact, those continue to engage in this partisan children and their families blowing in of us who voted against the bill the gamesmanship and political posturing. the wind, will we turn their lives into President vetoed believe we should Unfortunately, it is the low-income campaign promises or will we, instead, continue the program, and we should children, among the most vulnerable in keep our word that we came here to add at least $10 billion to the original our country, who are the ones who are serve the needs of the American people, funding in order to cover more and left wondering: Is Congress going to act and particularly the most vulnerable more low-income kids. in their best interests? among us, by continuing this impor- But even more important than that, Unfortunately, they have seen very tant program and making sure that in my State of Texas, half of the unin- little evidence so far that they are our

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.009 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13597 No. 1 priority, as they should be. In- he, along with his allies, has refused The PRESIDING OFFICER (Mr. DOR- stead, partisan politics appear to be the children’s health legislation, stem GAN). Without objection, it is so or- the No. 1 priority, and those children cell research legislation, and legisla- dered. appear to be something left behind. tion to change the course in Iraq. Mr. BROWN. I ask unanimous con- I yield the floor. I know it is Halloween, but the legis- sent to speak for no more than 5 min- The PRESIDING OFFICER. The Sen- lative graveyard for which the Presi- utes as in morning business. ator from New Jersey is recognized. dent is the grim reaper is not a trick or The PRESIDING OFFICER. Without Mr. MENENDEZ. Mr. President, I ask a treat. It is downright scary that the objection, it is so ordered. unanimous consent for the rest of the President can be so disconnected from f Democratic time in morning business. the values and hopes of mainstream CONSUMER PRODUCT SAFETY The PRESIDING OFFICER. Without America. objection, it is so ordered. Ask the American people: What COMMISSION f would they rather us do in Wash- Mr. BROWN. Mr. President, our Na- tion’s haphazard trade policy too often REPUBLICAN OBSTRUCTIONISM ington—stand up for lifesaving re- search, lower energy costs, get our allows contaminated food and dan- Mr. MENENDEZ. Mr. President, troops out of Iraq or kill initiative gerous toys onto our shelves and into right up the street from here, right up after initiative that would benefit our homes, and this administration has Pennsylvania Avenue, is the White American families? In Congress, we are done little to curb the toxic tide. House. It is not far, a little over a mile. going to try to give the President what Earlier this month, I asked Ohio’s But what has been made abundantly we call in golf a mulligan on one of the Ashland University chemistry Pro- clear over the past 10 months since most important investments we can fessor Jeff Weidenhamer to test 22 Hal- Congress changed hands, what has been make in our country, the health of our loween products for lead. Three prod- made abundantly clear is that when it children. The first time, he vetoes it, ucts tested were found to contain high comes to the priorities of the families sending the message that millions of lead levels. Acceptable levels of lead, of this Nation, when it comes to the children who have nowhere else to turn according to the Consumer Product values they hold, the distance between are unworthy of a strong Federal com- Safety Commission, are 600 parts per here and the White House is many mitment. million for adults. According to CPSC, miles. We believe that is fundamentally there is no acceptable lead level for Americans have seen for themselves wrong. The President has to choose if children. A Halloween Frankenstein what we in Congress want to do for he is going to sign it into law or again cup that Professor Weidenhamer test- them. They have seen some truly write a big ‘‘no’’ on an investment in ed—presumably a cup that may end up meaningful and landmark initiatives America’s children. This is a President in a child’s mouth—contained 39,000 achieved on behalf of American fami- who says, no, no, no, when it comes to parts per million versus 600, which is lies: The 9/11 Commission bill, bringing investing in our families, but yes, yes, acceptable for an adult, and zero ac- security to all our communities; the yes, when it comes to more troops, ceptable for a child. most sweeping ethics reform in a gen- more time, more money for his stay- For more than 40 years, parents eration, extracting lobbying influence the-course plan in Iraq. trusted that their children’s toys were from the policies that affect all of us; This is a President who does not see safe from lead. The safety net secured the first increase in the minimum the irony in sticking out the one hand to help our families is being systemati- wage, the first raise for American to ask for $200 billion for Iraq this cally dismantled, as the Presiding Offi- workers in more than a decade; and the year, while using the other hand to cer, the Senator from North Dakota, most significant college affordability veto health coverage for poor American has pointed out so well, by our Nation’s package since the GI bill, because we children. This is a President who has failed trade policies and an apathetic recognize that a good education is the no problem with killing a child’s administration. Forty years ago, we great equalizer. health bill that would have been paid banned lead in paint. Now we must ban But that is not all we are trying to for with 31⁄2 months of Iraq funding. lead in toys. I am a cosponsor of legis- do for middle-class Americans, for This is a President who says: We are lation with Senator OBAMA that would working Americans, for families in this fighting them over there so we do not do that. country. That is the tip of the iceberg. have to fight them over here, when While a ban on lead in toys is an im- We want to help American families by what he means is: We are spending all portant step, it doesn’t get at the heart investing in security, education, and our money over there, and we do not of the problem—our failed trade policy. health care, and we have legislation to have it to spend here. Until we get tough on enforcing safety do that. Yes, there will be plenty more In Congress, we want a strong invest- standards abroad, we won’t be able to ideas, plenty more initiatives, plenty ment in children’s health care, in stem prevent contaminated products from more investments in the people of this cell research, in changing the course in ending up on store shelves across the country whom we stand together to Iraq. We have offered those to the country and in our homes. support but only to have the President President. He has rejected it. The Distributors seeking low-cost prod- and his friends in Congress block our President and his allies seem to want ucts stretch supply chains to China and progress. to stay the course in Iraq and not much cut costs; that is, American companies Time after time, a majority of the else. that import go to China and other Members of this body have lined up be- Well, America is going to see a lot of countries and push them to cut costs, hind truly important legislation, only ghouls and goblins tonight. But what is to cut corners, and then those products to have the President take out his veto truly scary is that the legislative grim are brought back into the United pen or our Republican colleagues in the reaper that threatens millions of fami- States. That means lead paint in toys Senate strike up a filibuster. lies without health care insurance, the because it is cheaper to buy and to Yesterday I saw President Bush, demon of oil addiction, and the specter apply, it means too often contaminated flanked by some of his top allies from of an endless war, are not going to be products in our homes, and it means Congress, complaining about what he gone when we wake up. That is the re- zero accountability. claims Congress has not done this year. ality we face. That is why we continue We have not made the importers, the It takes a lot of nerve for the President to challenge to change the course. contractors, or the Government ac- to say that, when he received from this I yield the floor and suggest the ab- countable because of cuts at the Con- Congress landmark security legisla- sence of a quorum. sumer Product Safety Commission and tion, landmark education legislation, The PRESIDING OFFICER. The because we have a top Commissioner landmark ethics reforms, and the first clerk will call the roll. there who has simply weakened that minimum wage raise in a decade. He The bill clerk proceeded to call the agency and abdicated responsibility. As signed them all into law, all within 10 roll. yesterday’s report highlighted, we months. Mr. BROWN. I ask unanimous con- must do more to ensure the Consumer It takes a lot of nerve for President sent that the order for the quorum call Product Safety Commission has what Bush to say we are wasting time, when be rescinded. it needs to do its job.

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.010 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13598 CONGRESSIONAL RECORD — SENATE October 31, 2007 I am a cosponsor of legislation spon- The bill clerk proceeded to call the Children’s Health Insurance Program sored by Senator PRYOR that would re- roll. to cover more children. The Congress, authorize and strengthen the Consumer Mr. DORGAN. Mr. President, I ask on a bipartisan basis, has now passed Product Safety Commission. Its budget unanimous consent that the order for the Children’s Health Insurance Pro- is half what it was when it began in the the quorum call be rescinded. gram reauthorization that would pro- 1970s in real dollars. The staff has The PRESIDING OFFICER (Mr. vide additional coverage for nearly 4 dwindled over the years from 1,000, in- BROWN). Without objection, it is so or- million additional children in this cluding inspectors, to 420. We must in- dered. country—3.8 million additional chil- stead increase funding and staff at the f dren, to be exact. The President vetoed Consumer Product Safety Commission. it—this after he campaigned saying he We must increase coordination between CONCLUSION OF MORNING supported expanding the program. In the CPSC and Customs officials. We BUSINESS fact, not only did he veto the expansion must give the Commission the author- The PRESIDING OFFICER. Morning of the program—that was done on a bi- ity to examine and approve other na- business is closed. partisan basis in the Congress, and tions’ regulatory systems before im- f fully paid for, I might say—but he sent ports from a country get onto our store Congress a budget that left 21 States shelves. CHILDREN’S HEALTH INSURANCE without enough money to continue to When we buy tens of billions of dol- PROGRAM REAUTHORIZATION cover the existing kids in the program. lars of toys, tires, and other consumer ACT OF 2007—MOTION TO PRO- So this administration has it wrong. products from a country that has weak CEED That is not just me saying it, it is a bi- environmental laws, weak food safety The PRESIDING OFFICER. Under partisan group of Members of Congress laws, weak consumer protection laws the previous order, the Senate will re- who believe very strongly we need to and, at the same time, when our com- sume consideration of the motion to do what is right to try to get health in- panies that import from other coun- proceed to H.R. 3963, which the clerk surance to children. We should try to tries push subcontractors in those will report. make sure every American has health countries to cut costs, this is what we The legislative clerk read as follows: insurance. That is very important. But end up with. That is why we must give A motion to proceed to the bill (H.R. 3963) it seems to me if you do not have legis- the CPSC the authority to examine and to amend title XXI of the Social Security lation that does that, at least start approve other nations’ regulatory sys- Act to extend and improve the Children’s with the children. tems. Health Insurance Program, and for other I have said before, I do not know Unfortunately, as imports from purposes. what is in second or third or fourth China and other trading nations rise The PRESIDING OFFICER. The Sen- place in most people’s lives in terms of and the recall of toxic products at ator from North Dakota. what is important, but I know what is home increases, the Bush administra- Mr. DORGAN. Mr. President, I ask in first place in the lives of most peo- tion continues to call for more Con- unanimous consent that the cloture ple. It is their children and their chil- sumer Product Safety Commission vote on the motion to proceed to the dren’s health. If this is not a priority, cuts. children’s health insurance bill, H.R. if it is not a priority at the White Yesterday, the Times reported that 3963, occur at 3:45 p.m. today, and that House—it passed the Senate with a Chairwoman Nord of the CPSC plans to if cloture is invoked it be considered wide margin, passed the House with a actively work to kill the Pryor legisla- invoked as if the vote had occurred at wide margin, but we did not have 67 tion. That is unacceptable. This admin- 6:30 p.m. today and concluded at 6:50 percent of the votes in the House to istration’s apathy for policies that pro- p.m., with the time following the con- override the veto—if it is not a priority tect our families is at best shameful clusion of morning business prior to at the White House, I ask what is a pri- and at worst potentially deadly. the vote equally divided between the ority? If providing health care for an One thing I am sure of: It is time for two leaders or their designees. additional 3.8 million children is not a Nancy Nord of the Consumer Product The PRESIDING OFFICER. Is there priority, what are the priorities at the Safety Commission chair to step aside. objection? White House? What is more important? Once again, this may be unfamiliar She is the acting chairperson but, un- Without objection, it is so ordered. territory to the President because this fortunately, we have seen a lot more Mr. DORGAN. Mr. President, I wish is a piece of legislation that is fully inaction than we have action. It is to yield to myself 30 minutes, and I time to put a chairperson in place who paid for, unlike much of what we get also ask unanimous consent that Sen- is not satisfied with ‘‘we are doing the from the White House these days. I am ator KENNEDY be yielded 30 minutes of best we can.’’ We need a chairperson going to talk about that in a bit. But the majority’s time. who fights for the authority and the re- before us here in Congress, the Presi- The PRESIDING OFFICER. Without sources the Commission needs to do dent has two requests. In addition to objection, it is so ordered. the job it is supposed to. his regular budget, the President has Her response to the wave of product The Senator from North Dakota is said to us: I want another $196 billion recalls has been, to put it charitably, recognized. for the purposes of continuing the war underwhelming. She is fighting efforts Mr. DORGAN. Mr. President, I am in Iraq and Afghanistan. And he said: I to make more information available to going to talk about a couple subjects want the $196 billion declared an emer- the public about product hazards. She this afternoon. I am going to begin, gency. I do not propose we pay for it. I opposes protections for whistleblowers however, talking about the issue of propose we put it all on top of the debt. who identify shoddy products, and, children’s health insurance. That will take us to almost two-thirds most importantly, in the face of recall The Children’s Health Insurance Pro- of a trillion dollars the President has after recall, she has offered no plan to gram will be the subject of the cloture asked for—none of it paid for, all of it equip the CPSC to fulfill its role in vote later this afternoon, and it is a requested by the President as an emer- product safety. She spends most of her very important issue. We have a lot of gency. time trying to make sure her agency children in this country who do not Contrast that, by the way, a $196 bil- isn’t scrutinized or held accountable have health insurance coverage. Ten lion emergency request—none of it paid for doing its job. We need a permanent years ago, we put together a piece of for—with a bipartisan group in the chairperson dedicated to doing the legislation called the Children’s Health Congress that says: We believe the pri- most important thing the CPSC is to Insurance Program. It has worked. It ority is our children. We propose to do—protecting families and our chil- has been very successful. Millions of cover 3.8 million additional kids with dren, not protecting corporate inter- children who otherwise would not have health insurance coverage, and we fully ests. had health insurance coverage now pay for it. That is a very significant de- I yield the floor and suggest the ab- have health insurance coverage. parture from what we hear at the sence of a quorum. The President, when he campaigned White House these days. The PRESIDING OFFICER. The for office a couple of years ago, said he Now the President gases up Air Force clerk will call the roll. supported and wanted to expand the One, flies all over the country, and flew

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.012 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13599 down to Arkansas not many days ago that commitment, and we are not leagues previously as well. Suspected and said: I am the fiscal policy Presi- keeping it. of having a heart attack, she was put dent. I am going to get tough. I am Indian children will benefit from in an ambulance and driven to a hos- vetoing bills. Interestingly, he did not children’s health insurance as well. But pital—the nearest hospital off the In- veto a bill in the 6 years his party con- also, Indian children live—and in some dian reservation. Arriving at the hos- trolled both branches of Congress. He cases die—with the results of the In- pital, as they were carrying her into did not veto bills in the 6 years in dian health care system. the hospital, transferring her to a hos- which, in nearly every case, the appro- This young lady shown in this pic- pital gurney, they discovered at the priations coming out of the Congress ture is a 5-year-old beautiful young hospital something taped to her thigh exceeded his request or at least were girl—sparkling eyes, with a beautiful with an ordinary piece of tape. dramatically changed from his request. dress, dancing in the traditional Indian Here, as shown on this chart, is what It is now, only in the shadows, the dress—5 years old. Her grandmother, was taped to this woman’s thigh, as she evening hours of his Presidency he de- who testified at the Crow Indian Res- was taken into the hospital off of a cides he wants to be a fiscal policy ervation, at a hearing I headed with gurney, suspected of having a heart at- President, tough on fiscal policy. The Senator TESTER, held this picture up. tack. What they found taped to her problem is, it is not so much what you Her name is Ta’shon Rain Littlelight— thigh was a letter from the Depart- say that matters, it is what you do 5 years old. ment of Health and Human Services, that matters, and he has before us one Ta’shon died. Her grandmother and it described that this woman was more demonstration of the reckless fis- brought her photograph to the hearing not going to be eligible for contract cal policy we have seen now for some and held it high. She talked about her health funding because they were out years, turning a very significant budg- granddaughter. She said Ta’shon lived of money: So if you admit this woman et surplus, when he took office—and, the last 3 months of her life in to your hospital, understand, you are yes, we had a budget surplus of about unmedicated pain, and died of terminal on your own. Financially, you are on $240 billion in that year—turning that cancer. She was taken and taken and your own. We are warning you. into a stream of fiscal policy budget taken again to the Indian Health Serv- That is what the letter taped to this deficits, adding $3 trillion to the Fed- ice, was diagnosed with depression, and woman’s thigh said. That is health care eral debt, and asking us, once again: treated for depression. Ultimately, it today in modern America on Indian Please give me another $196 billion was discovered she had terminal can- reservations. above all the regular appropriations. cer—not depression, terminal cancer. Now let me describe why there is an By the way, even as he asks for the She was flown to Billings, MT, and urgency to pass Indian health care leg- additional $196 billion, he says we can- then to Denver, CO, and this young 5- islation, to reauthorize the Act that not afford providing insurance cov- year-old is gone. Her grandmother asks should have been reauthorized 8 years erage for 3.8 million kids whom we the question: Would better health care ago. fully pay for in a bipartisan bill. have saved her? Should she have been We spend twice as much money per I am telling you, I think the Presi- diagnosed in a different manner? I person on health care for Federal pris- dent is wrong. I admire the fact this is don’t know the answer to that. I do oners incarcerated in our Federal pris- a bipartisan bill. We did it the right know this: There are too many chil- ons as we do for American Indians, and way. The President will have a second dren like Ta’shon Rain Littlelight who we have a responsibility, a trust re- opportunity to have a bill on his desk. do not have the same health care as sponsibility, for health care for Amer- My hope is he will understand the good others have, and Ta’shon lost her life. ican Indians. This is not being gen- faith and goodwill of bipartisan Mem- It is not just this beautiful little girl. erous. This is meeting a promise Amer- bers of Congress who have the right This is the photograph of a young girl ica made to Indians. This country priorities, saying our children come whose photograph I have shown my made the promise over and over again first and children’s health insurance is colleagues before. Her name is Avis that we would provide for their health very important. Littlewind. Avis Littlewind is also care. But we have not met that prom- INDIAN HEALTH CARE IMPROVEMENT ACT dead—14 years old. She took her own ise. Mr. President, that leads me to talk life. Her sister took her own life. Her If you take a look at what we spend about a health insurance issue that in- father died at his own hand. She was in per capita for American Indians, what cludes the Children’s Health Insurance a fetal position in bed in her bedroom you will discover is, we spend half as Program but is much more than that. for 90 days at age 14, and somehow no much per person for American Indians It is a bill that is going to come to the one quite figured out this young lady as we do for Federal prisoners. We have floor of the Senate soon, and thanks to desperately needed mental health a responsibility for health care for the commitment by Senator REID, the treatment. So she took her life. those we incarcerate. I understand. If majority leader, it is the reauthoriza- I went to that Indian reservation. I you stick someone in a Federal prison, tion of the Indian Health Care Im- talked to the school officials. I talked you have to take care of them, provide provement Act. to Avis Littlewind’s classmates. I for their health care. It has been 8 years since Congress talked to the tribal officials to try to Why do we spend twice as much for a should have reauthorized the Indian understand: How does a 14-year-old Federal prisoner’s health care as we did Health Care Improvement Act—8 child fall through the cracks? for Ta’shon Rain Littlelight’s or Avis years—long past due, long past the Well, there was not mental health Littlewind’s or, in per capita expendi- time for us to have done this. The fact treatment available in any significant tures, we do for American Indians? We is, in this country we have 2 million of way for this young child. The people spend $6,700 a year, per capita, on Medi- the first Americans—they were here who would get her health care would care expenditures, veterans, $4,600; greeting the folks who came to this have to beg and borrow a car to drive Medicaid, $4,300; Federal prisoners, country—American Indians, and many her someplace. But she is gone. This $3,200; Indian health program; $2,100 per of them live in Third World conditions, young girl apparently felt hopeless and capita. We have to do better than that. and many of them experience health helpless and took her own life. We have significant responsibilities, care rationing, which I think is a scan- The question I ask with respect to significant problems, and regrettably, dal. the mental health treatment she full-scale health care rationing on It is not written much about these should have gotten—with respect to so many of America’s Indian reservations, days, unfortunately. But there is a full- many other kinds of health care that and I think it is a scandal and an out- blown scandal, in my judgment, with should be available to American Indi- rage and we have to fix it. respect to health care that is not avail- ans—the question I ask is: When? When Senator MURKOWSKI and I, as chair- able to American Indians—health care will they get the health treatment man and ranking member of the Indian that was promised, health care that they deserve? Affairs Committee, have written in our was committed, and health care that is This is a picture of a woman from the committee a piece of legislation called our trust responsibility as a govern- Fort Berthold Indian Reservation. I the Indian Health Care Improvement ment to American Indians. We made have described her situation to my col- Act. We are ready to bring that to the

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.013 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13600 CONGRESSIONAL RECORD — SENATE October 31, 2007 floor of the Senate at last, at long last. to understand the consequences of a billions of dollars. We are going to pro- Lives will be saved if we can pass this fiscal policy that turned very large vide health care clinics for the Iraqis. piece of legislation. Senator REID has budget surpluses, which took us a long We are going to build 142 health care given us a commitment that we will time to begin to see, into very long- clinics. We hire the contractor. The have this piece of legislation on the term Federal budget deficits and three money is gone, but the clinics aren’t floor of the Senate, and when we do, I trillion dollars of additional debt. That there. An Iraqi doctor—a very coura- think it will be a day of some celebra- is a reckless fiscal policy and one that geous Iraqi doctor—testified at one of tion for American Indians who have has to be fixed. my hearings. He said: I went to the been promised health care and, regret- When he recently asked the Congress Health Minister in Iraq and said: You tably, have not received the benefit of for an additional $196 billion—none of know, we had these contracts with an the promises that were made. I am not it paid for, all emergency—the Presi- American contracting company that suggesting there aren’t some talented dent said: Now we will see whether the was going to do these 142 health care men and women who work in the In- Congress supports the troops. Well, the clinics in Iraq. I would like to visit dian health care system and who work fact is, not all that money goes to the them. The Iraqi Health Minister said to in public health. I am not suggesting troops in Iraq and Afghanistan. A sub- this physician: You don’t understand. there aren’t some very talented people stantial portion of that money goes to Most of those are imaginary clinics. out there. But I can tell horror stories contractors. Well, the American taxpayer got that are almost unbelievable. I wanted to go through with my col- fleeced. The money is gone. The con- A woman goes to the doctor on an In- leagues some examples of what we are tractor got the money. The clinics dian reservation, and she has a knee finding with respect to the spending of don’t exist. that is unbelievably painful—bone on taxpayers’ money for contractors. I be- We can’t even keep track of the guns bone. It is the kind of knee that if it lieve I have held 17 hearings over the that are being sent to Iraq. We sent belonged to a Member of the Senate or recent 4 years as chairman of the Pol- Iraq 185,000 AK–47s, and at this point one of the Senator’s families, they icy Committee on these issues. we know where 75,000 of them are; would go and get a knee replacement. Let me put up a couple of charts to 110,000 are gone and unaccounted for. Bone on bone, unbelievably painful. describe where we are headed. We sent them 170,000 pistols, 90,000 of This woman is told: Wrap your knee This is a Congressional Budget Office them we can’t account for. Are some of in cabbage leaves for 4 days, and it will estimate of October of this year. The these AK–47s and pistols being aimed be fine. Well, that is not fine, and that U.S. wars in Iraq and Afghanistan at American troops? Of course they is not medicine. That isn’t what we could cost taxpayers a total of $2.4 tril- are. How is it that we fund with Amer- should expect in terms of meeting our lion by 2017 when you count the very ican taxpayers’ money the shipment of responsibilities in this country to the large interest costs because this is massive quantities of weapons to Iraq first Americans. being financed with borrowed money. and don’t keep track of where they Again, I asked the grandmother of Again, a President who says he is a are? Again, there are 110,000 AK–47s, we Ta’Shon Rain Littlelight if I could use conservative borrowing all of this don’t know where they are, and 80,000 her image, and I do so respectfully and money, insisting it be borrowed and pistols, we don’t know where they are. I do so understanding the delicacy of not paid for, and we end up in this This is almost staggering incom- it. But when the grandmother came to country paying a fortune for the war petence, in my judgment. the hearing and held up the picture of costs. Saddam Hussein is dead. He was this beautiful young girl with the spar- So the question is, is this money for hanged by the neck. The Iraqi people kling eyes, and said: My granddaughter the troops? Well, let me describe what no longer have Saddam Hussein in died, and here is how she died. In 3 we have. Last month, military officials their lives. The Iraqi people voted for months of unmedicated pain after her said contracts worth $6 billion to pro- their own new constitution, and they terminal cancer had not been diag- vide essential supplies to American voted for a new government. All that is nosed for months and months and troops in Kuwait, Iraq, and Afghani- left for the Iraqi people is to provide months. stan—including food, water, and shel- for their own security. The question is, I think it is important for us to ask ter—were under review by criminal in- when will the Iraqi people demonstrate the question: Does this matter? Do we vestigators. In addition, $88 billion in the will to provide for their own secu- care? I hope the answer is yes, it does contracts and programs, including rity? matter and, yes, this Congress does those for body armor for soldiers and We have trained 360,000 Iraqis in the care and, yes, this Congress is going to material for Iraqi and Afghan security interior forces and defense forces, sol- meet its responsibility. I hope in the forces, are being audited for financial diers and police men and women— coming weeks that certainly will be irregularities. 360,000 have been trained, and they the case, starting here in the Senate. Think of that: $88 billion; $6 billion can’t provide for their own defense, for Mr. President, I yield the floor, and I under criminal investigation; $88 bil- their own security. Is there not a will make a point of order that a quorum is lion, financial irregularities by these in this country in which Saddam Hus- not present. contractors. sein is gone, a new constitution, a new The PRESIDING OFFICER. The Once again, under this President, last government exists, and they have clerk will call the roll. month the Army reported that it had 360,000 people trained, and that train- The legislative clerk proceeded to 78 cases of fraud and corruption under ing was paid for by this country—is call the roll. investigation, had obtained 20 criminal there not a will, then, to provide for se- Mr. DORGAN. Mr. President, I ask indictments, and had uncovered over curity? If they can’t, we can’t. We are unanimous consent that the order for $15 million in bribes. not going to provide security in Iraq the quorum call be rescinded. Another $196 billion, while those who for the next 5 or 10 years. We should The PRESIDING OFFICER. Without prance around this money have a field not be going door to door in Baghdad in objection, it is so ordered. day. It doesn’t seem like conservatism the middle of a civil war with U.S. sol- Mr. DORGAN. Mr. President, how to me. diers. Again, in August, 2 months ago, the much time remains? But it seems to me we should reason- New York Times reported: The PRESIDING OFFICER. There is ably ask the question: If we have 13 minutes remaining. The enormous expenditures of American trained 360,000 for security in Iraq, and and Iraqi money on the Iraq reconstruction FISCAL POLICY program, at least $40 billion over all, have they can’t provide for their own secu- Mr. DORGAN. Mr. President, I want- been criticized for reasons that go well be- rity, where are they? We are now told ed to speak about the subject I ref- yond the corruption cases that have been un- that up to 50 percent of those we have erenced briefly, and that is fiscal pol- covered so far. Weak oversight, poor plan- trained are probably not on the job icy and this President. It gives me no ning, and endless security problems have anymore. We don’t know where they joy to come and be critical of the contributed to many of the program failures. are. President’s fiscal policy. But it should So we ante up money from the I also just saw information a couple give the American people no joy either United States Congress—billions and of days ago that the number of people

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.015 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13601 we are training has dropped by two- one seems to be watching the store. writeoff for the sham of buying a sewer thirds. I mean, everyone talks about— That goes for the Defense Department, system in Germany. including the President—the way out the Secretary of State, and many oth- Mr. President, only a portion of this of Iraq is to train the Iraqis for their ers, including the White House. practice has been shut down. I will give own security. We have trained a third Finally, when we vote on the issue of my colleagues a chance to shut that of a million of them and now we have whether we should provide additional down and also raise revenue to begin to reduced the amount of training by two- emergency funding for the President, pay for some of the costs of the war as thirds and now we have a surge of and yes, for the troops, and also for well. American soldiers going door to door in these contractors, I am going to sug- This one is a streetcar in Dortmund, Baghdad in the middle of a civil war. I gest something very different. Some Germany. We had First Union Bank am just saying I don’t think that adds things are habit forming, and one of lease streetcars there—not for the pur- up in the context of what this adminis- them, it seems to me, is to ask the pose of running a streetcar system; tration is asking of this Congress. Congress to increase spending substan- they wanted to avoid paying U.S. Between April 2003 and June of 2004, tially and not pay for it. This Presi- taxes. That is a scandal. $12 billion in U.S. currency, much of it dent has done this now to the tune of I will also offer a piece of legislation in one-hundred-dollar bills, was dis- two-thirds of $1 trillion for the war in that will shut down the tax scam that persed by the Coalition Provisional Au- Iraq and Afghanistan. says if you fire your workers, close thority. That is us. We airlifted bil- Aside from the fact that I think it is your plant, and move your jobs over- lions of dollars in C–130s. Some of it wrong because it doesn’t have the seas, as Huffy Bicycles did, we will give was shoveled out the back of pickup country going to war with the sol- you a tax cut. It is unbelievable that trucks in Baghdad. You think that diers—it seems to me if you send sol- we provide that tax cut in this country. doesn’t attract flies and people who diers to war, you also ought to ask the If you get rid of your American work- want to cheat and steal? It does. What country to be with those soldiers, not ers, shut down your plant, move over- happened? About $9 billion has gone just with their thoughts and prayers seas, and then ship the product back missing, unaccounted for, in a frenzy of but also to pay for the cost, rather here, you get a tax deferral. Huffy is now a Chinese bike company. All the mismanagement and greed, it is said. than charge it to some future genera- ADM David Oliver, who was a senior tion and have the soldiers fight the workers in Ohio got fired, and the official of the Coalition Provisional battle, and then come back to our American tax system gave a reward to Authority was asked by a reporter country and pay the bills for those bat- this company for moving to China. We have had a chance—four times— about what happened to the cash that tles. to vote on this, and a majority in the was airlifted to Baghdad. Our official So I have said to my colleagues, and Senate supported that tax break. One said: I would say to the President, when we consider this issue of additional fund- of these days, it will get closed. We will I have no idea. I can’t tell you whether the vote on that in the context of paying money went to the right things or didn’t. ing, I am going to offer this time some for some of the costs the President is Nor do I actually think it’s important. ways to pay for a portion of it, and I asking us to pay for. Oh, really? You don’t think it is im- am going to give some examples. I have Finally, just two more. portant whether billions of dollars was used many of these before, but this This is, as you know, a picture of the used for the proper purpose? time, we will have a chance to vote on dancing grapes from Fruit of the Loom. An independent oversight agency re- them. Maybe I will win, maybe I will We have seen the television commer- ported this month that it could not lose, I don’t know. But it seems to me cials. I don’t know why someone would complete an audit of a $1.2 billion con- we ought to do some things that are dress up as a grape and dance, but they tract to train Iraqi police because thoughtful and patriotic, even as we made an imprint for Fruit of the Loom records kept by the State Department decide that we are going to provide underwear before they left America. I and by DynCorps International, the support to our troops. assume they are still dancing, but I as- contractor, were inaccurate and in dis- Let me give an example. sume those who lost their jobs when array, documents not sufficient to do Let me give you an example. I have Fruit of the Loom went to Mexico and any kind of an audit. used this many times. This is a five- other countries are not dancing. It is The State Department paid $43.8 mil- story white building in the Cayman Is- not that people stopped wearing under- lion for manufacturing and temporary lands. A very enterprising reporter wear, but they are not making them in storage of a residential camp that has from Bloomberg named David Evans the United States. never been used. They paid $36.4 mil- went to that building. It is on Church Finally, the little red wagon—Radio lion for weapons and equipment, in- Street. That five-story white building Flyer, a Chicago company for over a cluding body armor, armored vehicles, is home to 12,748 corporations. They century—is now made in China. It was and communications equipment that are not actually there, of course; it is for the same purpose: tax cuts and low couldn’t be accounted for. legal fiction that was created by smart wages in China. I am going to close Among the problems identified before lawyers to give corporations an address that loophole with respect to the de- an audit—this is a New York Times in the Cayman Islands so they can scription I have just given of moving story of this month—were duplicate avoid paying U.S. taxes. I have legisla- your company to China and getting a payments, the purchase of a never-used tion that says it doesn’t matter if you tax cut. $1.8 million x-ray scanner, and pay- are living in this building, you are not The point is, the President wants $196 ments of $387,000 to house DynCorps of- going to be able to avoid taxes by doing billion in emergency funding. I don’t ficials in hotels rather than other that; if your operations are not there, know whether the Congress will do available accommodations. you cannot attempt to ‘‘move’’ your that. When the President asks for fund- My colleagues get my point. I could operations there to avoid paying U.S. ing in the future, saying he wants to show 100 charts which would all show taxes. I will attempt to close that. charge this, leave office, and then in my judgment massive, staggering in- This is one of the most egregious. somebody else can pay the bill, we in competence and lack of oversight of Wachovia Bank in the United States is Congress ought to say that there are these contracts. one of the most prominent companies easy baby steps to at least begin rais- The President says: I want $196 bil- to do this. They purchased a sewage ing some funding. I have named three lion in emergency funding, none of it system in Bochum, Germany. It is not of them. We can stop American compa- paid for, and by the way, if you don’t because they have a special interest in nies from benefitting from buying sew- support that, you are not supporting sewage systems. They don’t want a age systems or streetcars in other the troops. Well, a substantial amount sewage system. They bought it and im- countries, stop paying an incentive for of this money is supporting contrac- mediately leased it back to the Ger- people to move American jobs over- tors, not troops, and there is substan- man city, which never lost it, and the seas, and stop allowing companies to tial evidence that there is dramatic Wachovia Bank never got it. They just set up sham offices on Church Street in waste, fraud, and abuse of these con- had a financial transaction that gave the Cayman Islands to avoid paying tracts, and no one seems to care. No an American bank a $175 million tax U.S. taxes.

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.016 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13602 CONGRESSIONAL RECORD — SENATE October 31, 2007 It doesn’t take a giant step or a lot of CONGRESSIONAL APPROVAL RATINGS President wants to spend next year for courage to decide to shut down those Mr. DURBIN. Mr. President, there tax breaks for the wealthiest Ameri- tax scams and those wrongheaded, per- are reports in the newspaper about the cans. verse economic incentives. Doing that approval ratings of politicians and po- We have passed a lot of appropria- will raise money and allow us to offset litical institutions. Certainly, the tions bills to meet long-needed, long- some of these war costs. And I hope President has had some problems, has neglected wants of middle-class and that perhaps—I know better than to had better days. His numbers are low. working families. Unfortunately, the say this. I was going to say that per- The numbers for Congress, in many re- President’s priorities are different. haps the President will support this. spects, as an institution, are even There is no clearer contrast in our pri- But this administration opposes most lower. orities and the President’s priorities of the proposals I have described that Those of us who serve in the Congress than the issue of children’s health in- would raise funding by shutting down are asked from time to time: What does surance. some of these terrible loopholes. this all mean? Why are the American Senator KENNEDY has come to the This issue of if the President asks the people so critical of Congress, and what floor, and I am going to yield to him in Congress for $196 billion—which he has is it doing? a moment. He has been a national lead- now done in emergency money, with I think it reflects several points. er, certainly a Senate leader when it none of it paid for, and says: Now we First, the last election, which changed comes to the issue of children’s health will see whether the Congress supports control of Congress from Republicans insurance. Think about this: A great the troops, I want my colleagues to un- to Democrats, many people believed and good and prosperous Nation, Amer- derstand that a substantial portion of would be a watershed, a real change in ica, with 300 million people, has 15 mil- this money is not going to troops, but direction. They have looked and lion people without health insurance. it is going to contractors. I think this haven’t seen it, particularly when it Ten years ago, we said: Let’s move is the most substantial waste, fraud, comes to the war in Iraq. Despite our forward and do something about it. A and abuse that has existed in the his- best efforts in the Democratic majority Republican Congress passed the Chil- tory of this country, with respect to in the Senate, with only 51 out of 100 dren’s Health Insurance Program, and what is going on with the contractors. Members, we sent the President an op- we managed to find coverage for 6.6 That is something we should be consid- portunity to change the direction of million of those kids. Now with a ering or a portion of what we should his policy and start bringing American Democratic Congress, we want to con- consider as well as we react to the troops home. The President used his tinue the program and expand it to President’s proposal. Who is minding power in the Constitution to veto that cover more children. So we set a goal the store? Who is providing real over- legislation. of 10 million children. That still leaves sight? Why have we allowed this to We tried over and over, with all-night 5 million uninsured. But 10 million happen? Those represent the hard ques- sessions, long debates, a variety of would be insured over the next 5 years. tions I believe Congress has a responsi- amendments and have not been able to The cost? An additional $35 billion. The bility to ask. break through and come up with a way we pay for it is direct: an increase We all want the right thing for this solid enough, strong enough bipartisan in the Federal tobacco tax with pro- country. I think we all want to be able majority to change the policies in Iraq. ceeds going to insure children. to extract ourselves from a war in the It is frustrating—frustrating, I am We believe this is sensible, keeping in Middle East, to be successful in the sure, to the American people, frus- mind the kids we are talking about are fight against terrorism, to expand op- trating to us in Congress, for some who not the poorest kids in America. The portunities with an economy that pro- voted against the war and now believe poorest kids in America are covered by vides jobs and expand the middle class this war has no end in sight and should Medicaid. They get help, and I am glad in this country. We all want to fix the be ended soon in a responsible way. they do. It says something good about health care system and provide solu- I think that is an indication of one of our Nation. The kids who are well off, tions to our energy needs so that we the reasons why the disapproval num- with parents in jobs that have health are not so unbelievably dependent on bers for Congress are what they are insurance, have no concern. How about foreign sources of energy. We all want today. those kids right in the middle? Mom that. I hope in the coming weeks, par- We tried, however, when it comes to and Dad go to work every single day ticularly as we end this year, we can our budget and spending in the Con- and don’t have the benefit of health in- find ways to decide to work together. gress, to focus resources on the needs surance. They may make minimum There ought to be common purpose and of America. We have a chance to do wage or a little better. They don’t have a common set of goals for us to ad- that. But, unfortunately, we face an- any benefits and the kids have no pro- vance the interests of this country. other veto threat from President Bush. tection. Mr. President, I yield the floor and Our budget that we passed includes a A child without health insurance is suggest the absence of a quorum and lot of spending that will make a big less likely to have a regular doctor, ask unanimous consent that the time difference—more Border Patrol agents regular checkups, regular immuniza- be equally charged to both sides. to protect America, explosives detec- tions, and less likely to have detected The PRESIDING OFFICER (Mr. tion machines in airports, research in their early lives medical problems CARDIN). Without objection, it is so or- into cancer, diabetes, heart disease, which, if left untreated, become very dered. other major killers of Americans, a serious and very expensive. The clerk will call the roll. much stronger food safety inspection We wanted to help those kids. So we The legislative clerk proceeded to system, an issue near and dear to me, put a bill together with the support of call the roll. energy efficiency and renewable energy 18 Republican Senators, all 51 Demo- Mr. DURBIN. Mr. President, I ask projects and tax cuts for middle-class crats. We had 69 Senators committed unanimous consent that the order for families. to it. We sent it to the President, and the quorum call be rescinded. The total difference between our he vetoed it. He said it was socialized The PRESIDING OFFICER. Without spending and what the President re- medicine. I am not sure what that term objection, it is so ordered. quested is $22 billion out of a national means today. Forty years ago, it was The Chair advises the Senator—no budget that borders on passing a tril- the suggestion of too much Govern- one else is on the floor—the majority lion, depending on how one counts. ment. has 24 minutes remaining. Senator That is eight-tenths of 1 percent of the What the President doesn’t tell us, KENNEDY had reserved 30 minutes. Federal budget, the difference between and should, is this program is not Mr. DURBIN. Mr. President, I ask the President’s request and what we about a government health insurance unanimous consent to be recognized for are appropriating. That is less than we program. Overwhelmingly, the health 10 minutes to speak as in morning busi- spend in 2 months on the war in Iraq. insurance for these kids will be pro- ness. The money we want to spend in Amer- vided by private companies that will The PRESIDING OFFICER. Without ica is less than 2 months of the war in receive some subsidies, some incentive objection, it is so ordered. Iraq. It is less than half of what the from the Government to provide this

VerDate Aug 31 2005 23:55 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.017 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13603 care with the State governments. So it Children’s Health Insurance Program. sured for virtually 1 year. That points is not socialism, if that is the Presi- Let’s send it back to the President. to the difference in the choice. On the dent’s concern. Let’s hope, as he considers $196 billion one hand, we have a President and ad- Secondly, he worried about whether unpaid for his war in Iraq, he can find ministration that virtually gives open- it is fiscally responsible. We pay for it. $35 billion paid for the children of endedness to the number of days we are The President and his war of $169 bil- America. going to continue to be in Iraq. Yet, lion a year is unpaid for. He heaps it on I yield the floor. when it comes to the question of these our children and their children by add- The PRESIDING OFFICER. The Sen- 10 million children for the year, he ing to the national debt. We pay for ator from Massachusetts. The Chair ad- says: Absolutely no. There is no way. this program. vises the Senator that 151⁄2 minutes re- We will not permit it, we will not ac- Finally, this notion that somehow we main. cept it, and we will veto any proposal are going to discourage private insur- Mr. KENNEDY. I ask if the Chair will that comes our way that recommends ance for these kids, if the private in- let me know when there is 2 minutes and suggests it. surance market was so anxious to remaining. The administration is quick to high- cover these kids, they would have been Mr. President, I wish to first of all light their achievements on health care there long ago. These kids have gone thank our friend and colleague from Il- for children in Iraq, but they won’t months and years without coverage. linois, Senator DURBIN, for again mak- show the same commitment to the Now is the time to change it. ing an excellent statement about the health of our own children. In Iraq, The President used his veto pen four Nation’s priorities, the priorities we American money has renovated 52 pri- times since he was elected 7 years have before us in terms of making a mary care clinics and re-equipped 600 ago—once to veto a change in the war judgment about the Children’s Health others, but in America, children are de- in Iraq, two other times to veto bipar- Insurance Program. He has spoken fre- nied essential medical services in the tisan-passed stem cell research, and quently, eloquently, and passionately name of fiscal discipline; in Iraq, we now in vetoing the Children’s Health about the issue. He and I are hopeful have provided 30 million doses of chil- Insurance Program. that across the country Americans are dren’s vaccines, but in America we are Senator REID, the majority leader, able to take a few minutes and really told we cannot afford basic preventive came to the floor yesterday and said: absorb the arguments that are made in care for 10 million children. The Web site of the U.S. Agency for We will give you a little more time to the case that is before the Senate and International Development proudly work out our differences with the Re- also understand the judgments many of notes the remarkable accomplish- publicans, we will have an effort at us have made on this side of the aisle— ment—and I commend them for it— compromise. They objected to being virtually all of us on this side of the that they have successfully vaccinated given a little more time to work this aisle, and some very courageous Repub- 98 percent of all Iraqi children against out. licans—about what our responsibilities measles, mumps, and rubella. If only We have tried. We have had good bi- should be to the future of our country. we could do as much. If only we could partisan support for this bill. We want It is a future that expects, that de- do as much for our own children. Ac- to bring it across the line. We want to mands, and that requires us to give at- cording to the Centers for Disease Con- pass a bill either the President will tention and assistance, when we can, to trol, only 91 percent of American chil- sign or we override his veto, and we are our children. This is the right thing to dren have received the same vaccine by trying to do that. do not only from a health point of the recommended age. The administra- In closing, because I see Senator view, as has been pointed out so many tion should be as concerned that chil- KENNEDY is here and prepared to speak, times, but it also is imperative in dren growing up in Boston or Bir- it will not be long now, maybe a mat- terms of getting a handle on health mingham get their recommended vac- ter of days, before this President asks care costs in the future by having a cines as they are about the children in for $196 billion for the war in Iraq. healthier generation, and, importantly, Baghdad and Basra. Some of us who voted against it are it is imperative as we are looking to The same Web site proudly notes troubled that we continue to see the the education of this generation. that the USAID has improved the cost of this war go up in human terms, We have made the case time and time health of vulnerable populations in with almost 3,900 Americans killed, again, and we are making different Iraq by increasing access to high-qual- with tens of thousands injured, and points this afternoon, but the fact is if ity, community-based primary health who knows how many innocent Iraqis a child can’t see the blackboard or hear care. That is just what we are trying to lost their lives, and the war continues the teacher or is unable to read the as- do in America with this bill. In Iraq, it to go on. signment because they are in need of is an accomplishment; in America, it is The good news from Iraq? Oh, they glasses, that child is not going to be a veto. like to tell us the administration has able to learn, that child has a better A bipartisan majority in Congress all sorts of good news. The good news is chance of dropping out, and that child has made a judgment too. Our judg- the death rate is down. We have seen has a better chance of living a life that ment is that we must make room for ethnic cleansing in neighborhoods and is not constructive, productive, or use- decent health care for America’s chil- now the vacant neighborhoods where 4 ful in so many ways. So this case has dren. We must stand up to the empty million Iraqis have become refugees. been made time and again, and it is im- rhetoric and hollow slogans of the These empty neighborhoods don’t have portant. White House and give all children in as much fighting. Is that a victory? I We hope, those of us who are sup- America the healthy start in life they am not sure it is. porting this legislation, that we will be deserve. We need to know who is for We need to be more honest with the able to garner the votes that are essen- working families across America and American people. If the President be- tial to getting this legislation into law. who will stand in their way to getting lieves he can ask with a straight face So I thank those who have spoken and quality, affordable health care. for $196 billion for the war in Iraq, if he spoken so well on this issue. We need to know who is for families can ask for that kind of money to help Mr. President, as I and others have such as the Vega family in Greenfield, the people of Iraq, he ought to step mentioned, this is really an issue of MA. CHIP helps Flora Vega, a working back and sign a bill that helps the chil- priorities. Nothing points out the issue mother, buy an extra inhaler for her 5- dren of America. of priorities more clearly than the year-old daughter so she can have one A strong America begins at home. It choice we have between investing in at school and the other at home. CHIP begins with strong American citizens, our children—Americas’s children here also helped her afford a nebulizer—the strong families, strong neighborhoods, at home, the sons and daughters of small, portable device that pumps the strong communities, and a strong Na- working families—and investing in the asthma medicine into her lungs when tion. The President can move us in war in Iraq. This point is made fre- an inhaler isn’t effective. That means that direction. quently but can never be made enough: her daughter doesn’t face sudden dan- I hope my colleagues in the Senate 41 days of conflict in Iraq at $12 billion gerous attacks of asthma that require this week will join us. Let’s pass this is 10 million children who could be in- her to go to an emergency room.

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.019 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13604 CONGRESSIONAL RECORD — SENATE October 31, 2007 We need to know who is for families Medicaid; we want a separate program lieve in it—to address some of the real such as the Lewis family in Spring- that will be resolved in the States. challenges and make this a fairer and field, MA. I met Dedra Lewis and her There were those of us on this side say- more equitable country. We have the daughter, Alexsiana, when they came ing: Medicaid provides very good example of the existing program in to talk about the difference CHIP has health assistance for children; the pre- place now. It works. It works. It is suc- made in their lives. Alexsiana has a ventive programs are model programs, cessful. Parents need it, and parents rare eye disease that requires expen- and they do an enormous amount in want it. The only issue—the only issue, sive drops every hour of each day. To providing quality health care for chil- the only issue—is whether we have the take care of her daughter, Dedra had to dren in a wide variety of areas and willingness and the will to implement cut back on her hours at work and lost functions. No, our Republicans said, we it and to make it achievable for fami- her insurance. Without CHIP, she want the States to be able to develop lies in this country. We are talking would be choosing between paying the those; we will take guidelines, but we about those working families, those mortgage for their home and paying for will let the States do it. A compromise mothers who hear a sick child cry in the medicine the child needs to keep was reached between Republicans and the night and wonder whether that her vision. Democrats, and that was acceptable. child is $423 sick, because that is the Family after family, from coast to Secondly, it was determined that the average cost of going to the emergency coast, can tell similar stories. That is States would have the ability to make room; those families who pray their why families across America are call- judgments and decisions about child, who has an earache or a throat ing on Congress to renew the promise deductibles and copays. We said: No, we ache, will be better in the morning. of CHIP. The task has not been easy, want a standard way to make sure all How do you put a cost on that? How do but we will not be deterred or de- working families are going to be able you put a cost on that? Well, we recog- flected. When Medicare was first pro- to acquire it. But, no, we worked out nize that as a real value, and we are posed in the 1960s to allow the Nation’s that program, and again it was a com- not prepared to let parents make that senior citizens to live their retirement promise. It was a judgment and deci- kind of judgment call and feel that years in dignity, its supporters were sion of the sponsors of that legislation kind of pain and that kind of fear and attacked with much the same harsh that we were going to use the private that kind of anguish. rhetoric as we hear about CHIP—it is insurance companies—private insur- This legislation does the job, and it is socialized medicine, it is a Government ance companies—to make sure of the important that we get a strong, over- takeover. But Congress rejected that delivery system. Many of us thought it whelming vote this afternoon that absurd rhetoric, and hundreds of mil- would take a long time to get this pro- really reflects the good judgment of lions of senior citizens have benefited gram up if we went that route, but the American people, who say children immensely ever since. America’s fami- nonetheless it was a compromise. It should be first in this Nation. That has lies face real challenges—higher mort- was a compromise. Democrats and Re- been a founding value of our Nation gages, soaring gas prices, the ever-in- publicans came together in this com- since the Pilgrims settled up in my creasing cost of health care, and many promise program. Very important com- part of the country, and I believe it is other burdens. They deserve real solu- promises were made at that time. It re- a value that is shared today. We will tions, but the White House offers only flected the best judgment of the Mem- have an opportunity to vote on this in hollow slogans. bers of the Senate and the House of a short time. Hopefully, it will be ac- Our opponents failed to stop Medi- Representatives, and that legislation cepted overwhelmingly in the Senate. care, and they won’t stop CHIP now. has been an extraordinary success. Mr. President, I yield the floor. Medicare didn’t pass on the first at- The area where it has not been suc- The PRESIDING OFFICER. The Sen- tempt, but its supporters came back cessful is that we have not reached all ator from New Jersey. again and again with the force of the the children out there who are eligible Mr. MENENDEZ. Mr. President, what American people behind them to ask— and should be able to receive it. If we is the parliamentary situation in which to demand—that Congress act. And the are looking for legislation that really the Senate finds itself at this moment? 1964 election made it all possible. That reflects the best of Republicans and The PRESIDING OFFICER. The time is just what we will do with CHIP, even Democrats, if we are looking for legis- of the majority has expired. The Re- if it takes the 2008 election to do it. We lation that basically reflects the best publicans have 591⁄2 minutes. will keep at it until the children of in terms of our priorities, this is that Mr. MENENDEZ. Mr. President, I ask America get the health care they need legislation, and now is the time to unanimous consent to speak for 10 min- and deserve and that the American move ahead. utes. Should a Member of the Repub- people are demanding. We have a budget of $2.9 trillion. The lican side of the aisle seek the floor, I As we have pointed out, at the time question is, Can we afford—can we af- will be happy to yield at that time. we saw this legislation developed, when ford—the few billion dollars to provide The PRESIDING OFFICER. Without it was initially proposed, it was a com- the type of health coverage in this leg- objection, it is so ordered. promise between Republicans and islation? We are not even taking the The Senator from New Jersey is rec- Democrats. Those of us who wanted to resources from the existing budget. We ognized. give attention to the uninsured sons are saying: What is going to be the re- Mr. MENENDEZ. Mr. President, I and daughters of working families rec- sult of that, by increasing the cost per wish to talk about the reauthorization ognized that we had a unique situation package, the 61 cents? The result of of the Children’s Health Insurance Pro- in America: We had resources as a re- that is going to be more children are gram and why those who are opposing sult of the tobacco settlement, which going to stop smoking. That is the re- the bill are making this a nightmare provided hundreds of billions of dollars sult. for children. When I first came to the as a bonus to America, and we could If you take the increase in the cost of floor in support of the bill on July 31, decide how we were going to expend a pack of cigarettes, we have the real I knew there were those who did not those resources. I saw in my own State opportunity to see a very important share my support, but I thought they of Massachusetts, the determination to public health achievement—discour- would merely be a road bump to reau- use those resources to provide a health aging children, the 3,000 children who thorization. Now it seems we have a insurance program for the sons and start smoking every single day, the roadblock to children getting critical daughters of working families. thousand who become effectively ad- care they need. That was a very important model dicted from their earliest contacts with How many times can you veto or that was replicated here over 10 years it. We discourage them from moving vote against children receiving health ago in the Senate, where we used much down that pathway. So this is a posi- care and not raise a question as to your of the resources that were allocated to tive health development both in terms role as a representative of the people? us to be able to develop the Children’s of the resources and in terms of the How many times can you veto or vote Health Insurance Program. There were outcome. Unique. Unique. against children receiving health care Republicans on that side who said: Just to finalize here, we are enacting and then turn around and take pictures Look, we don’t want to just extend new legislation—those of us who be- with babies and families back in your

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.020 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13605 home State? How many times can you million children gaining coverage signed into law by the president. It is veto or vote against children receiving under the bill on which we will be vot- time for President Bush to stop mak- health care and then still argue that ing cloture. Of these children, essen- ing his fiscal conservative bones on the you care about the well-being of chil- tially half are Medicaid eligible. These health care of children. It is time for dren other than your own? children are the low-income children the President to put away the veto pen I don’t understand how we have got- many of our colleagues are talking and allow doctors to take out their ten to this point, but let me make this about. This new bill brings in 200,000 stethoscopes to make our children very simple. The bill at its core pro- more Medicaid-eligible children than healthier. It is time to give the chil- vides health care for poor children. Yet the first bill. dren of America what the President there are those in Congress and the We have listened and we have made and every Member of the Senate and White House who are missing that bot- changes. But compromising on chil- Congress has, health care coverage, tom line. More important, their votes dren’s health can only go so far. The health care for America’s most pre- are hurting our Nation’s children. second issue I have heard, and it makes cious asset but also its most vulnerable There are 9 million children in Amer- my blood boil, is the argument that un- asset—our children. ica who suffer in silence because they documented immigrants would gain I yield the floor. do not have health care; 6 million of coverage under this bill. I know it is The PRESIDING OFFICER (Mr. them are eligible for the Children’s Halloween so we are going to scare the SANDERS). The Senator from Oklahoma Health Insurance Program or Medicaid, American people as best we can, but is recognized. but they are not enrolled. this is a tactic that cannot stand. Let’s Mr. COBURN. Mr. President, I wish That keeps me up at night. I hope it make it clear: Undocumented immi- to spend a few minutes of time speak- keeps up at night others who have to grants are not eligible for Medicaid and ing about the ‘‘revised’’ SCHIP bill and cast a vote soon as well. CHIP, they have never been, and noth- what it means to the American people. I want to be sure we know the fami- ing in this bill changes that. Nothing The rhetoric associated with the bill is lies and children we are talking about. in this bill changes that. It is a shame that we want to cover children. That is The families we seek to cover work there are Members who still come on a laudable goal. But that is not what every day at some of the toughest jobs the floor using that argument. this bill is about. If that were what in America—some of them jobs none of In fact, the new bill tightens citizen- this bill is about, what we would be us would want to do, but they work at ship requirements. States will seek to doing is having a bill on the floor that it every day. They work at jobs that verify names and Social Security num- expands the current payments of $5 bil- offer no health care coverage whatso- bers but also have to verify citizenship lion a year to $7 billion a year, which ever and they do not make enough with information from the Social Secu- is what is required by the CBO to truly money from their employment to af- rity Administration. The Social Secu- cover the kids whose parents make ford private coverage. It is the children rity Administration will check the in- $41,000 a year or less. That is not what in these families we are trying to formation received from the States to this bill is about. cover. So let’s talk about the reasons determine that the information The bill is about having the Amer- why there are those who continue to matches and also check to see if the ican taxpayers, and especially the poor vote to bar children from health care. database shows that the applicant is a American taxpayers, pay $133 billion That is strong language, but I have citizen. If they can confirm—great. We over the next 10 years to cover families had enough of sugar-coating this issue. have another citizen with health care. presently with insurance. The new bill includes substantial revi- If not, the State has to require original What does the Congressional Budget sions to try to reach out to colleagues documents to prove citizenship. This is Office say about this bill? First of all, who have raised issues and directly ad- in no way an open door, and in no way it spends $400,000 more than the bill the dresses a number of the concerns they should we allow this to continue to be President vetoed; it covers 500,000 fewer have talked about. According to the used as a false reason to not give kids. It still maintains that 10 percent Congressional Budget Office, the new health care to children in this country. of the people in 2012 on SCHIP will be bill would continue to cover nearly 4 I ask my colleagues to stop tying up adults. It gives exemptions for the million uninsured children by 2012, at a this issue, trying to make children’s State of New Jersey—a family of five cost of about $35 billion over 5 years. health care an immigration debate so earning $89,00 a year, they will still be That is a fraction of what we spend in we can have it every night on the covered. It creates loopholes where Iraq. That is in addition to the over 6 nightly news being about immigration. rural hospitals get paid the same as million children already covered by Oh, it is about immigration. It is not metropolitan hospitals, as a favor or an this program. about immigration. It is about chil- ‘‘earmark’’ to certain Members of Con- Those opposed to this bill have been dren’s health care; children who do not gress. shouting about how the bill needs to have it, cannot afford it, and will not What it does not do is solve the prob- cover more low-income children. Good have it unless this Congress acts. lem. What is going on here? There is news, the new bill would further in- Some have also raised the question not anybody in America who does not crease our focus on covering the lowest about adults. The reality is we cover think we corporately should be helping income uninsured children. The new some parents. This administration poor children with their health care. bill would prohibit any coverage above gave us waivers to do it because they But this isn’t a bill about helping poor 300 percent of the poverty line, except said it is a good thing: Let’s cover par- children with their health care; other- for some who have already been grand- ents who are also in these jobs, work- wise, we would not be taking 1.2 mil- fathered in. Limiting new coverage to ing hard, not able to afford health care, lion middle-income kids and putting 300 percent is a harder line than the not getting it at work—because we are them on SCHIP, at the same time the original bill, and it is a concrete ceil- getting more children involved through only increase we see on the poor kids, ing for new coverage. It also changes their parents. By the way, we happen families making under $40,000, is the financial incentives States receive to cover more Americans—isn’t that a $800,000. So what is going on? What is to enroll more children, and it ensured terrible thing? We happen to cover going on is this is a political campaign. we are targeting the enrollment of low- more Americans, of the 47 million who It is a political campaign that, under income children. have no health care coverage whatso- the guise of helping children, what we The new bill only provides these in- ever. It is a terrible thing. want to do is start the march toward centives to States when they enroll I think it is quite a good thing. I single-payer, government-run health Medicaid-eligible children and no have seen it succeed in my home State care. That is OK if you believe that and longer includes incentives for enrolling of New Jersey. We have found a strong you want to put that out. But this idea SCHIP children, as was in the original correlation between enrollment of par- of, we are going to wink and nod to the bill. ents and enrollment of children. American public under the name of In fact, this new bill will cover an ad- Finally, if values match our actions, poor children when, in fact, this bill ditional 100,000 children as compared to this bill needs to be supported by all will cover not poor children and 10 per- the original bill, for a grand total of 3.9 Members in the House and Senate and cent of the people covered will be

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.022 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13606 CONGRESSIONAL RECORD — SENATE October 31, 2007 adults 5 years from now and we are ators who said no to Medicare Part D. day. I am with you. I am on your side. going to take kids off their parents’ in- I am guessing. I would have to check But the point is, this debate is not surance. the vote. about helping kids. This debate is One of the things people will not talk Mr. COBURN. I wasn’t in the Senate about changing the underlying struc- about is in 35 States, the SCHIP pro- or the Congress. ture of our health care and starting to gram is Medicaid. Of those 35 States, Mrs. MCCASKILL. I forget the Sen- build a Medicare from the ground up, over 50 percent of the doctors will not ator is a newcomer. I would be curious. and we have a Medicare here and merg- see a Medicaid child. Why is that? Be- This is where I don’t understand the ing them in the middle. cause Medicaid will not pay a rate at Senator’s concerns about political I am willing to debate that, too, but which the doctor can pay their over- gamesmanship and trying to make this I want us to be honest about what we head and still see the child. So what we about the children, and so forth. are debating; otherwise, we would not are going to do is we are going to take On the other hand, I am trying to fig- have a family of five in New Jersey the parents’ right away to choose the ure out the President’s position, and making $89,000 a year eligible under doctor they want for their kids, and we maybe the Senator can explain to me this program, someone who already has are not going to lower their insurance why no means testing. You know, $170 insurance. premium at all by taking the kids off— billion and basically no way to pay for So here is the question for the Amer- the ones who have insurance, the 1.2 it was not a problem for the President ican people: Do you want to pay taxes million who the CBO says will come off of the United States with Medicare to buy health insurance for 1.2 million private insurance—and then we are Part D. They were jumping up and tak- kids, for parents who already have it, going to take away the parents’ right ing credit for it then. There was abso- and give them a program that is subpar to pick the doctor to care for their kid. lutely no means testing, and it was to what they already have with no de- What this is, is moving to single- much more expensive than this pro- crease in the insurance cost to parents payer, government-run health care. gram. for the insurance they are covering What I would say is, if that is what we The question is, what is the dif- now? That is the question. ference? Why is it that the President want to do, let’s call it that. But that And do we have a way of covering has a problem with this program, when is not what we are calling this. We are poor kids that would be better? I would Medicare Part D, with no means test- claiming we want to help poor chil- propose to the Senator from Missouri ing, no way to pay for it, was just fine? dren. that a refundable tax credit to poor President Bush got it right. Before Mr. COBURN. I would be remiss if I children, allowing their parents to we expand to families of $60,000 or thought I could speak for the Presi- have enough money to buy a policy, $80,000 a year who have insurance and dent. But I will tell you what this Sen- which the average is truly $1,700 per put them on a Government program, ator thinks. Medicare Part D hung on year, per kid, a refundable tax credit shouldn’t we make sure the program the shoulders of our children $8.3 tril- that gives them the freedom to choose we have now has enough money to lion worth of unfunded liabilities. any doctor they want, that does not cover the kids whose families make So today we are giving prescription put a Medicaid on their forehead, that under $41,000 a year? And shouldn’t we drugs to seniors, and we are taking automatically excludes 50 percent of make sure that, when we say we are away future opportunity from our kids. the physicians in this country, is a far giving you coverage, we are giving you Had I been here, I would not have voted better way to do it and a more equi- coverage? for Medicare Part D. In fact, I lobbied table way to do it. The other thing we ought to ask is: a lot of my former friends from the Why aren’t the American people going House to vote against Part D. That is If we did that, that would pay for to get value out of this? The cost in not what we are talking about today. itself without raising taxes anywhere this program, to buy $2,300 worth of in- What we are talking about today is, because you would eliminate the cost surance—and that is the highest level if we are going to have a program for shifting that goes on in the health care at which the average kids cost, the av- poor children, which I support, we at industry for the kids who do not have erage is probably around $1,700—why least ought to cover up to 95 percent of care today. And we will not raise taxes would we be spending $4,000 in this bill the kids who are eligible before we ex- on the poorest of the poor because that to buy $2,300 worth of insurance? The pand the eligibility. That is where the is who is going to be paying for this. American people have to look at that $7.8 billion over the next 5 years needs Plus, we all know, 21 million new and say: What is wrong with this pic- to be added to this program, and then Americans are not going to start smok- ture? with the caveat that says: States, you ing. We all know that. But yet that is The other side of it is we are going to cannot go to the higher income until how we chose to meet the requirements get all the money, we say, by taxing you cover the poor. of pay-go here, through a false claim tobacco. Who pays tobacco taxes? Who This is a typical example of what that we will have enough revenue to are the majority of people in this coun- Washington does and America rejects pay for it by raising the tax on ciga- try who pay tobacco taxes? I will tell all the time. We do not measure what rettes. you who they are, they are dispropor- we are doing to see if we are accom- So I am all for having a debate on na- tionately poor. They are disproportion- plishing things. What we do know tional health care. Senator WYDEN and ately the disadvantaged. They are dis- about SCHIP is that in many places it I and Senator BENNETT and Congress- proportionately those people who can has been a valuable lifesaving tool for man CONYERS and myself and Senator least afford to pay a tax. So it is no the poor people in this country. But, in BURR had that debate in New York this wonder the CBO, in this evaluation of fact, the States have done a poor job of week at the New School. That is a good this program, said: This is the most re- enrolling many of those kids. debate to have. But this is a slight. gressive tax we have seen in years. It is What we also know about SCHIP is This is a slight about what we are going to hurt the very people we say that 35 of the States put their kids on doing. And the question to the Amer- we want to cover. Does the Senator SCHIP into Medicare. Now, what does ican people has to be: Do you really have a question? that mean? Since you get no choice of think, if you are making $45,000 a year Mrs. MCCASKILL. Will the Senator half the doctors who are out there who or $65,000 a year, that your taxes ought yield for a couple of questions? are eligible to care for the kids, what to go up to pay for somebody who is Mr. COBURN. Absolutely. we have said is, we are going to give making 61,000 or less, and at the same Mrs. MCCASKILL. You know, the you care, but you get no choice. You time limit the availability of those Senator from Oklahoma and I agree get care, but you get no choice. You same children to have the physician of about an awful lot when it comes to get no freedom when the Government their choice? That is what we are talk- fiscal discipline, but I am having a lit- helps you with who your child is going ing about. I believe we ought to cover tle trouble. I am hoping he can help me to see. poor children. I think that the SCHIP with this problem I am having. I am So I do not doubt that there are in- program now ought to be held account- willing to bet the Senator from Okla- consistencies in any President’s posi- able to cover the poor children. If we homa may have been one of the Sen- tion. I can debate Medicare Part D all are going to pay for it, I am willing to

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.023 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13607 put the money and find offsets some- CBO says in 2012, at least at a min- student loan, let alone pay for housing where else to pay for it, if we do not do imum, 10 percent of the enrollees will and income to feed their kids. a tax credit. still be adults. It does not fix the How did that come about? It could Mrs. MCCASKILL. Mr. President, if crowdout issue. This bill will cause 2 have been Medicare creating that. It the Senator would yield for a second, million people to lose private insur- could have been that we were not will- as he well knows, I voted with him. I ance coverage and come in a govern- ing to pay. What else is going to hap- voted with the Senator from Oklahoma ment-run program, crowding them out pen? Eighty percent of all innovation to try to pull some of the earmarks out of the private insurance market. De- in health care in the world comes from of the bill, to pull all of that money spite a fix for the problem of enrolling this country. Eight out of every ten out of children’s health insurance. I more higher income kids than cur- new ideas that are lifesaving, eight out think he and I both agree on the goal. rently eligible kids in SCHIP, the CBO of ten of every new treatments, eight The problem is, the question I want- still projects only 800,000 currently eli- of ten new devices are developed in this ed to ask—and he is not in a position to gible, currently eligible SCHIP kids, country. answer it because, unfortunately, he is will get enrolled. Why are they developed? Because we not someone who was here who voted But 1.2 million kids of families mak- still have 48 percent of the health care for Medicare Part D, but the inconsist- ing more than $60,000 will get enrolled. system that is not run by some govern- ency as to what I hear from the White So for every two kids we enroll who are ment program. And through there, House and what I think people in this poor, we are going to take three kids there is enough risk taken, based on the reward that can be gained, to in- Chamber are hearing from the Senators out of the private sector. We have vest in capital and research to develop who voted for Medicare Part D is, talked about what kids lose when they every argument they are using for these lifesaving treatments. go to the Medicaid Program. We say we want to move SCHIP in SCHIP is true but exponentially higher What are the other problems? In this the name of kids, but what we really in Medicare Part D. bill are earmarks for specific hospitals By the way, the only difference is in want to do is to have national health to violate CMS payment rules to pay Medicare Part D the people who are care. Well, we better think about that those hospitals more than what the making the money are the pharma- hard and long because here are the sta- rules say because some Congressman or ceutical companies and the insurance tistics on cancer treatment in this Senator thinks they should not have to companies, and it is not funded and country compared to everywhere else live within the rules. I would love to be multimillionaires and billionaires get in the world. It does not matter what able to tell that to people in a commu- it. So it is so unfair to say that the cancer you get in this country, you President is taking a principled stand nity in Oklahoma who just had to shut have a 50-percent greater chance of liv- because if it were a principle, it would down their hospital because they could ing 5 years than anywhere else in the have been consistent for both SCHIP not make it under what CMS rules pay. world. So what we have is about seven of and Medicare Part D. That is the ques- Why is that? Is it those big, bad phar- those in here, where we are going to tion that you are unable to answer, and maceutical companies that have to take care of the little hospitals of I have yet to hear anybody answer that spend a billion dollars just to get question. seven Members of Congress, but we are through the maze at FDA? Is that what Mr. COBURN. Mr. President, I re- going to ignore all of the rest of the it is? Is that why? I am a two-time can- claim my time to say the following: I community hospitals in this country cer survivor. I am so thankful for the think the Senator from Missouri that are struggling under a payment pharmaceutical industry. I would not makes a good point on consistency. I system that does not pay for the care be here without them. Two times they think they are finally awakened to of people they are supposed to be car- have developed, researched, and made what the American people want at the ing for. drugs that have saved my life. White House. I think they are finally There is still an income disregard I do not disagree that we have some starting to pay attention that being ef- loophole, which means it does not mat- excesses in corporations in this coun- ficient in the Federal Government is ter what you said because we have a try. But the pharmaceutical industry, important. loophole that says if States want to, with all the negatives that are out But having not been, maybe, efficient they do not have to follow the income there, still leads one of the most posi- with Medicare Part D, I applaud the guidelines. You can still enroll families tive responses we have ever seen in this President for now taking a stand on making more than $100,000 a year in country to solving real problems for something that is common sense that the SCHIP program. real Americans. So we can beat them would say: If we are going to have a Well, that is in there by design be- up and we can beat the President up program for poor children, let’s make cause the desire and design of this bill and say Medicare Part D. I do regularly sure it covers poor children. Let’s is to move to single-payer, national on Medicare Part D. I don’t think we make sure it covers poor children. health care. ought to steal from our children to Right now it does not. Right now it I think the Presiding Officer sitting have drugs paid for. But this bill steals does not. in the chair right now probably be- from everybody. It also steals from the Rather than expand the program that lieves that is where we should go. I do poorest. It steals from the poor, blue- is not meeting what it is supposed to not have any problem debating that. collar, low-income worker who has the do and raise taxes on the poorest of the But the incrementalism and the real benefit of a lot of other programs. It poor, I think the President’s response effort of this bill is to expand SCHIP to says: We are going to raise your taxes and the CBO’s score, which is $7.8 bil- a point where Americans who have in- because you happen to be addicted to lion more over the next 5 years instead surance are going to pay higher taxes nicotine. We are going to steal from of $35 billion more over the next 5 so everybody can get covered. If you you to pay for somebody who is mak- years, is a reasonable response to real- look at the mess that is trying to be ing $61,000 a year who already has in- ly cover poor children. created by these five or six hospitals in surance. Do we want to do that? Do we And what we know, by what CBO here right now, how are we going to want to steal from the people who are says, is that will do it. Now, let’s talk solve that problem when everything is working, barely getting by, so we can about the difference in what we are Medicare? pay for people who already have insur- going to be having the cloture vote on Some say we are going to take the ance? Is that what we are doing? That now versus the bill that the President profit motive out of medicine. We are is what we are doing. just vetoed. This bill covers 400,000 less going to take the profit motive out of I have listened to the debate. I of- kids; it spends $500 million more. So we the drug industry. We are going to fered some ways to change this. Sen- are not at $4,000 anymore, we are at have a 220,000-physician shortage in 15 ator BURR and I offered an amendment. about $4,200 to buy $2,300 worth of areas in this country. The applications We didn’t get a vote on it. It solves health insurance. It does not fix the for enrollment at medical school are through tax credits a way to insure, fast lane for illegal immigrants as the diving. Why are they diving? Because not go into a Medicaid program but in- authors claim. It does not fix adults on they cannot afford the education and sure with choice, so you take the stig- the SCHIP program. then have an income to pay off their ma of Medicaid off patients’ foreheads.

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.024 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13608 CONGRESSIONAL RECORD — SENATE October 31, 2007 We offered a way that every kid could We are about to go into a system of time. On the Republican side, there get covered. It is called a refundable that destroys innovation, destroys is time left. I ask unanimous consent tax credit. It can only be spent on quality. I agree, there is plenty wrong to borrow some of the Republican time. health insurance or health care. But in health care. I have a bill that Mr. COBURN. There is no objection. people don’t want to do that. Why changes us toward prevention. I am all The PRESIDING OFFICER. Without would those who are more progressive for working on the problems we have in objection, it is so ordered. in thought not want to do that? Be- health care. But the question the Mr. CASEY. I thank the Senator cause they offered the original income American people ought to ask is, do we from Oklahoma. tax credit. Why would they not want to want to tax ourselves to pay for care I have a limited amount of time, but do that? It is because the agenda is dif- for kids who are already covered in the I want to highlight a couple of things ferent than we say it is. The agenda is name of not doing a good job under the about the State Children’s Health In- to start toward a nationalized, single- SCHIP bill now, and should we have surance Program legislation. All of payer, government-run, no-choice the kids who need to be covered cov- America knows about it. We have been health care system that will eliminate ered before we start reaching beyond debating this for weeks, and we will that 80 percent of innovation in the those who already have care? They are continue. Obviously, there are dif- world made by American ingenuity, not going to answer that question. Be- ferences of opinion about what to do American capitalism, American idea cause the real debate is, the first step about health care generally. I will that ‘‘I will invest some of mine to see is to get away from your choice of focus on one argument that has been if I can come up with an idea that will choosing a doctor, your choice of what made against this, that somehow if the help somebody else and, by the way, I facility you will go to, your choice in Federal Government continues the will profit from it.’’ getting to choose what drugs you will State Children’s Health Insurance Pro- What we are saying is, we don’t want gram and adds funding—we had an markets to work. We want the Govern- take and what options you will have, because the Government bureaucrats overwhelming vote here in the Senate, ment to run it. If you think about ev- and we will have that again today, a erything else we have today, every- are going to decide all that for you. If you believe that is not true, look veto-proof endorsement of the program thing with the exception of health care at what Medicare is doing right now for and the dollars to back it up by an in- and primary and secondary education, crease in the cigarette tax—what has we believe in markets. They have been women who have osteoporosis. They get diagnosed with a DEXA-scan. They been debated back and forth is the cov- very good to us. They have given us the erage and who gets covered and who highest standard of living of any soci- get treatment. But because doctors in this country have ordered too many doesn’t. ety ever in the history of the world. People across America have heard a They have advanced causes in terms of DEXA-scans, according to the bureauc- racy in Washington known as the Cen- lot about 200 percent of poverty, 300 treatment of disease more than any ad- percent of poverty. These numbers get vancement ever in the history of the ter for Medicare Services, we have now limited physicians. You can’t check to thrown around. Two hundred percent of world. What this bill is about is saying: poverty means a family of four is mak- We don’t believe markets ought to see if the medicine you are giving is working and maybe change the medi- ing $41,300. Most of the families covered apply. by this program and that would con- Myself, RICHARD BURR, and five oth- cine to give them one that might be tinue to be covered or would be added ers have a bill called the Health Care working, because a bureaucrat has de- to the coverage are in that range and Quality and Choice Act. It creates a cided we are doing too many tests. below 200 percent of poverty. I want to tax credit for everybody to buy their That is called rationing. That is why put up a chart that walks through this health care. We treat everybody the health care costs are lower around the in terms of a family. If we look at 32 same. Everybody gets the same world, because they let people die from States, we have about 32 States that amount. Everybody gets to buy a pri- cancer. They let people die with a bro- set the income eligibility for the Chil- vate health insurance plan. We create a ken hip. They let people die with con- market so the insurance industry gestive heart failure. dren’s Health Insurance Program at 200 doesn’t steal 25 percent of the cost of We don’t. We value individual lives percent of poverty, $41,300. Of course, that. We set up a way to create mar- and we are willing to put the resources 201 percent would be 1 percentage point kets. The Every Child Insured Act, leg- in for the best, longest, and best qual- above that. So let’s say a State doesn’t allow and the Federal Government islation offered by RICHARD BURR, cre- ity life. Don’t be fooled about what this ates a way where every kid is covered. bill is about. This bill is the first step won’t allow States to go above 200 per- cent of poverty. Here is what families Senator MARTINEZ and Senator toward national health care. This bill VOINOVICH have a bill that covers up to fails to address the problems in SCHIP are facing, getting by on $41,507, for an 300 percent with tax credits of all the as they are today. This bill raises taxes example, in a rural county in Pennsyl- kids in the country who don’t pres- on the poorest of the people in the vania. If you look at a family of four ently have health insurance. This bill country—all in the name of having a with two children, take-home income isn’t about covering kids. This bill is political issue in 2008 to say those peo- is $2,893; housing, $726; childcare, about putting the Government in con- ple who oppose this don’t care about $1,129—even if you got a child credit, it trol of the last 48 percent of health kids. I have spent my whole life deliv- would still be a big number; $609 for care. As P.J. O’Rourke says, if you ering babies, 4,000 of them now. That is food; $446 for transportation; phone think health care is expensive now, a false claim. If you care about these service, $45; total $2,955. That is their wait until it is free. kids, you will balance the budget, pay expenses. Then you add in the number A couple other things the American for the war by the expensive, duplica- from up top, the income level, the people should know is that England is tive, wasteful programs we could elimi- monthly income, the differential be- pouring billions of dollars into their nate. We would have a balanced budget, tween the income and the expenses, national health care system now. Why? and we wouldn’t be charging the very you get a minus of $62. Let’s say that Because on average when you get can- thing we are getting ready to pass on is off by a couple hundred dollars. Let’s cer in England, up until 18 months ago, to our kids, which is a $300 billion def- say those numbers are off by a few hun- once you were diagnosed, you waited at icit this year alone. Caring about kids dred dollars give or take. It doesn’t least 12 months before treatment start- means you will make the tough matter. Because either way you cut it, ed. They have a goal by 2010 to get to choices, that means you go against the if a family is faced with the basic ne- 3 months to start your treatment. Do interest groups to do what is right for cessities of life, not factoring in school you know what the average length of the future, not what is best for the supplies, not factoring in an emergency time, insured or uninsured, in this next election. for a child hospitalization, not fac- country is from the time you have a di- I yield the floor. toring in other things that families agnosis of cancer until you start get- The PRESIDING OFFICER. The Sen- have to deal with every day, whether it ting treated? It is 3 weeks and 2 days. ator from Pennsylvania. is an extra rent payment or an increase Why do you think we are doing better Mr. CASEY. Mr. President, I believe in rent, whether it is a pair of shoes or than they are on these things? on the Democratic side we may be out sneakers for a child, none of that is

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.035 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13609 factored in there, this family is still most in the northwestern part of our colleagues are tired of this issue and behind at 201 percent of the poverty State. frustrated by the process. level. Under the Bush plan, if the President I do think, though, we have an oppor- I have been hearing for weeks from were to get his way, under his chil- tunity to move forward and to bring the President—we have all heard from dren’s health insurance proposal, here this issue to closure. I think my col- him when he makes public pronounce- is what would happen in Clarion Coun- leagues should be aware of many of the ments—that somehow this program is ty, PA. Between fiscal year 2008 and improvements that have been made to going to families who don’t need it; fiscal year 2012, it is estimated 146 chil- the bill that has passed the Senate their incomes are too high; it will go dren would lose coverage. OK. Go a twice. These improvements were nego- above that. Yet now you have Senate couple counties away to Huntingdon tiated in a bipartisan manner with the and House negotiators who have County—a small rural county—and in Senate and the House in order to help worked out an agreement where they that same time period of 2008 to 2012, persuade Members who have indicated put a ceiling at 300 percent because of 129 kids would lose their coverage. a willingness to support the SCHIP objections that were raised. I don’t Now, I think it is a tragedy for 1 kid bill. know what more we can do. The Presi- or 5 kids or 10 kids to lose coverage, A lot has been said about who is or is dent apparently thinks this program but now you are talking about hun- not negotiating the bill. Some have works. He says he supports it. His mea- dreds of kids in two small counties in been critical because they have not sly increase would actually lead to a terms of population. been part of those discussions. To them reduction of the number of American What is the comparison to the bipar- I would say: Stop trying to kill the bill children who are covered. But he says tisan children’s health insurance pro- if you want to be a part of the negotia- he supports the program. He says he posal? Clarion County would gain 278 tions. It makes no sense to negotiate wants to increase it. He said, when children, Huntingdon County would with Members who have said they are campaigning, that we should add mil- gain 247. So instead of losing about 130 never going to vote for the bill. lions more. Yet he is the roadblock in to 150 in each of those small counties, So we have been trying to figure out front of progress on this issue. we gain 250 children or more, maybe as a way to make the bill better. Here is This illustration is right on target in high as 280 children. where we are so far: There is more of an emphasis upon terms of what a real family faces. One So that is the difference. We can talk poor kids. Everybody has been saying: more point about this. Think about all we want about percents of income We ought to emphasize getting kids what it costs; even if you have a family in all the States. I am looking at two under 200 percent of poverty into the who has coverage through their em- counties in Pennsylvania that happen program. We have rewritten the bill to ployer, that family may have to deal to be smaller in population and that make that more certain. It is probably with a similar situation. We all know happen to be largely rural, and I know still not satisfactory to some people so that the average monthly premium for hundreds of children who get coverage far, but we will continue to work on family coverage is about $300. In either now will not get that coverage in those that. scenario, they are up against a lot pay- two counties; and hundreds of children Then there is the whole New York ing for children’s health insurance, and would get coverage under the bipar- $83,000 red herring issue, and that was this is at a fairly low income level for tisan children’s health insurance legis- in the President’s veto address. But re- a family of four. That argument makes lation. member, it was not in our bill. But no sense. I do not know what more the Senate somehow somebody told the President I will conclude with one other argu- and the House can do on both sides of it was in the bill, and then the Presi- ment. There were representations made the aisle to plead with the President to dent, in his veto message, referred to a over many weeks now by the President. go along with what the American peo- reason for vetoing the bill was the He kept pointing to States such as New ple have told us overwhelmingly. There $83,000 issue with New York. That has York and New Jersey as examples of are a lot of things we disagree about in been in the law for 10 years. What we how these numbers would get too high the Senate and across the country, but did—so the President could not say and the income levels would get too very few Americans now disagree that that anymore—is we made clear this high. I can debate him on that point, investing in children in the dawn of was not going to happen in any State. but I will put that aside for a moment. their lives is a good idea for that child, Then we took care of the childless What he didn’t talk about and what for his or her community, and for our adult issue. In the original bill, you re- some of his allies have not talked economy long term. member, we phased out childless adults about is the fact that this isn’t just So we will continue to make the case covered by the SCHIP legislation, and about what happens to children in up until and through the vote today. we phased them out in that bill over a urban areas. We know from history, But I think this is critically important 2-year period of time. We now have from 10 years of evidence, this program for the children of America, all the that down to a 1-year period of time. not only works generally, but it works children of America—urban, suburban, Premium assistance is strengthened. particularly well for poor kids. It rural or any other way we classify A technical clarification to the citizen- works particularly well for African- where our children live. For their sake, ship documentation provision in the American children. We have cut that and for the sake of the long-term eco- bill has been made. That is not all. rate of uninsured a lot. It works par- nomic future of the country, I believe More work yet this morning—with ticularly well for urban children who the State children’s health insurance Senator BAUCUS and me and some happen to be Hispanic. But what the legislation is urgently needed. House Members—more work is under- President doesn’t want to admit is that I yield the floor and suggest the ab- way trying to work with those who are it also helps a lot for rural children. sence of a quorum. sincerely wanting to vote for a chil- Today in America one-third of all The PRESIDING OFFICER. The dren’s health insurance bill. rural children—we have a lot in Penn- clerk will call the roll. We are working on a potential sylvania, a lot of children who live in The legislative clerk proceeded to amendment to this bill that will go fur- rural communities—get Medicaid or call the roll. ther to address putting kids under 200 SCHIP. Thank God we have those pro- Mr. GRASSLEY. Mr. President, I ask percent of poverty first, strengthening grams for rural kids and for urban kids unanimous consent that the order for the private coverage options, and fur- and all the rest. the quorum call be rescinded. ther clarifying that no illegals can get I will give you two examples, and The PRESIDING OFFICER. Without onto the program. then I will conclude. Pennsylvania has objection, it is so ordered. Now, you understand, all these things a broad middle. We have a lot of small- Mr. GRASSLEY. Mr. President, to are what our intention is. But some- er counties, many of them rural. To quote Yogi Berra: It feels like deja vu how, through statutory language, we give you two examples: Clarion County all over again. have not been able to make it clear and Huntingdon County—one is in the Here we are again debating the State enough. So we are going back and try- middle of Pennsylvania toward the children’s health insurance bill, or ing to make it more clear as a prac- southwest and one, Clarion, is up al- SCHIP as we all know it by. I know tical matter, maybe doing in a real

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.036 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13610 CONGRESSIONAL RECORD — SENATE October 31, 2007 way what we intended to do that Max Baucus, Harry Reid, Benjamin L. more rollcall votes today. I am going maybe when we wrote the language un- Cardin, S. Whitehouse, Robert Menen- to be meeting shortly with Senator intentionally was not accomplished. dez, Daniel K. Inouye, Jack Reed, Bar- MCCONNELL to find out when the next Now, to the point of illegals, Mem- bara Boxer, Patrick J. Leahy, Bernard vote will be. The next vote can only Sanders, Ken Salazar, Kent Conrad, bers who are working to kill this bill Ron Wyden, Byron L. Dorgan, Debbie come about with a unanimous consent have tried to make it seem like this Stabenow, Bill Nelson, Robert P. request. I will work with Senator bill opens the floodgates to people who Casey, Jr. MCCONNELL to see if we can come up are in our country illegally getting The PRESIDING OFFICER. By unan- with an easier lift than what is re- onto the health programs. To keep as- imous consent, the mandatory quorum quired under the rules. serting this is as responsible as yelling call is waived. Under the rules, we will vote at ap- ‘‘fire’’ in a crowded movie theater. The question is, Is it the sense of the proximately 1 a.m. Friday morning on The latest assault is being leveled at Senate that debate on the motion to the next aspect of this procedure we the provision based on a bill authored proceed to H.R. 3963 to amend title have on the CHIP bill. We will visit in by no other than Senator LUGAR. It is XXII of the Social Security Act to ex- a short time to see if we can change a provision called ExpressLane, which tend and improve the Children’s Health that time in any way. Again, that allows States the option—just the op- Insurance Program shall be brought to would have to be done by unanimous tion—to establish income eligibility a close? consent. As we know, if any one person based on eligibility for other means- The yeas and nays are mandatory doesn’t like it, it will not happen. Oth- tested programs. ‘‘ExpressLane’’ is the under the rule. erwise, the next vote will be likely at 1 new poster child now for those who The clerk will call the roll. a.m. Friday morning. scream ‘‘illegals’’ as a way to kill the The bill clerk called the roll. As I said, I will do everything I can bill. Mr. DURBIN. I announce that the to see if we can make it more conven- I ask unanimous consent to speak for Senator from Indiana (Mr. BAYH), the ient for the Members, as I am sure Sen- 1 more minute. Senator from Delaware (Mr. BIDEN), ator MCCONNELL will. We have, on this The PRESIDING OFFICER. Without the Senator from Illinois (Mr. OBAMA), most important issue, to make sure objection, it is so ordered. and the Senator from Oregon (Mr. that the necessary parties are con- Mr. GRASSLEY. Mr. President, the WYDEN) are necessarily absent. tacted and that everybody knows ex- ‘‘ExpressLane’’ option in the bill clear- I further announce that, if present actly what they are doing. So until fur- ly requires a State to confirm the citi- and voting, the Senator from Delaware ther notice, the next vote will be at 1 zenship of applicants. I want to make (Mr. BIDEN) would vote ‘‘yea.’’ a.m. Friday morning. Mr. LOTT. The following Senator is that clear. The ‘‘ExpressLane’’ makes I suggest the absence of a quorum. necessarily absent: the Senator from sure you have to be a citizen of the The PRESIDING OFFICER. The Virginia (Mr. WARNER). United States. clerk will call the roll. Since some Members clearly are not The PRESIDING OFFICER (Mrs. MCCASKILL). Are there any other Sen- The legislative clerk proceeded to reading the bill, let me read from those call the roll. provisions: ators in the Chamber desiring to vote? The yeas and nays resulted—yeas 62, Mrs. LINCOLN. Madam President, I Verification of citizenship or Nationality nays 33, as follows: ask unanimous consent that the order status: The State shall satisfy the require- for the quorum call be rescinded. ments of section 1902(a) (460)(B) or section [Rollcall Vote No. 401 Leg.] Mr. MCCONNELL. Reserving the 2105(c)(10), as applicable for verifications of YEAS—62 citizenship or nationality status. Akaka Feinstein Murray right to object. The PRESIDING OFFICER. The Sen- I don’t know how much more clear it Alexander Grassley Nelson (FL) Baucus Harkin Nelson (NE) ator cannot reserve the right to object. can be, and I hope it puts to rest a very Bingaman Hatch Pryor Mr. MCCONNELL. I object. sad mischaracterization of the bill. Boxer Inouye Reed The PRESIDING OFFICER. Objec- To sum up, the bill before us now is Brown Johnson Reid an improvement on the bill that passed Byrd Kennedy Roberts tion is heard. Cantwell Kerry Rockefeller Mr. MCCONNELL. Madam President, the Senate. It strengthens the number Cardin Klobuchar Salazar Carper Kohl I ask unanimous consent that the order of provisions that Republicans have Sanders Casey Landrieu for the quorum call be rescinded. been concerned about. I hope with the Schumer Clinton Lautenberg The PRESIDING OFFICER. Without amendment I am working on with Coleman Leahy Smith Chairman BAUCUS, Senator HATCH, Collins Levin Snowe objection, it is so ordered. Specter Senator ROCKEFELLER, and Members of Conrad Lieberman Mr. MCCONNELL. Madam President, Corker Lincoln Stabenow the Senate is now considering what is both parties from the House of Rep- Stevens Dodd Lugar essentially a do-over bill. The majority resentatives, that we will be able to in- Domenici McCaskill Sununu crease the number of Republicans who Dorgan Menendez Tester seems to believe that what didn’t pass vote to support this bill here in the Durbin Mikulski Webb muster the first time and was vetoed Feingold Murkowski Whitehouse Senate. by the President can now be successful. I support cloture in the vote just NAYS—33 Well, it can’t be, and my friends on the coming up and I ask my colleagues to Allard Craig Isakson other side of the aisle know that. do it so we can proceed on this bill. I Barrasso Crapo Kyl The reason we have this do-over bill Bennett DeMint Lott before us is because, I believe, this urge my colleagues to vote the same Bond Dole Martinez way. Brownback Ensign McCain process has become more about scoring I yield the floor. Bunning Enzi McConnell political points than making good pol- Burr Graham Sessions icy. When the other Chamber passed CLOTURE MOTION Chambliss Gregg Shelby this bill—and they rammed it through, The PRESIDING OFFICER. Under Coburn Hagel Thune in essentially 1 day—not only did they the previous order, and pursuant to Cochran Hutchison Vitter Cornyn Inhofe Voinovich not pick up any votes, they actually rule XXII, the Chair lays before the lost one vote on the House side. Senate the pending cloture motion, NOT VOTING—5 Then the majority in this body by- which the clerk will state. Bayh Obama Wyden Biden Warner passed the committee process where The legislative clerk read as follows: The PRESIDING OFFICER. On this both parties would have had a chance CLOTURE MOTION vote, the yeas are 62, the nays are 33. to strengthen the bill and brought it We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- directly to the floor. ance with the provisions of rule XXII of the Last Friday, the majority filed clo- Standing Rules of the Senate, do hereby sen and sworn having voted in the af- move to bring to a close debate on the mo- firmative, the motion is agreed to. ture on the motion to proceed, forcing tion to proceed to Calendar No. 450, H.R. The majority leader is recognized. this vote today. It is the majority that 3963, Children’s Health Insurance Program Mr. REID. Madam President, while wanted to vote on this do-over bill, not Reauthorization Act of 2007. everybody is here, there will be no my side of the aisle.

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.038 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13611 The majority is also expected to fill mental constitutional principle; name- Iraq. Taking all of this together—the the amendment tree to prevent Repub- ly, that the Congress and only the Con- bellicose rhetoric, the needlessly lican Senators from offering amend- gress has the power to declare war. As confrontational unilateral sanctions, ments and closing loopholes in the bill. this resolution states: the provocative stationing of U.S. war- All of that suggests to me that this is Any offensive military action taken by the ships in the region, the operational war about politics, really, and not policy. United States against Iran must be explic- planning, and the request for muni- So the bill before us is almost like a itly approved by Congress before such action tions that seem designed for use in sequel of the bill that was vetoed the may be initiated. Iran—these are all reasons for deep last time. And like any sequel, it is The President is the Commander in concern that this administration is even worse the second time around. Chief of the Armed Forces. But the once again rushing headlong into an- According to the Congressional Budg- President of the United States, al- other disastrous war in the Middle et Office estimates, this bill actually though Commander in Chief of the East. covers 400,000 fewer children than the Armed Forces, is not a dictator. The The Bush administration apparently original SCHIP bill. Yet it costs more— President is not an emperor. He is believes it has the authority to wage a half billion dollars more. President, who, like all Presidents, preemptive war. It believes it can do so Our friends on the other side argue takes an oath of fealty to the Constitu- without prior Congressional approval. that their do-over bill will serve low- tion of the United States. That is why the resolution of Senator income children first. But instead of It is the American people—the Amer- RICHARD DURBIN of Illinois is so crit- requiring that low-income children be ican people—who pay the price of war ical—namely, the White House must be served first before expanding the pro- in blood and in treasure. And it is the reminded of the constitutional powers gram to cover those beyond 200 percent American people, through their rep- entrusted to the people’s branch—that of the Federal poverty level, this bill resentatives in Congress—that means is us, the House of Representatives and expands the program to cover families us—who must give their approval—the the Senate. I urge my colleagues to making as much as 300 percent of the approval of the American people—for join Senator DURBIN and me on this im- Federal poverty level. such a momentous decision. That is the portant resolution and halt—halt—this This will repeal the requirement that system that George Washington recog- rush to another war. Let us not make the Secretary of Health and Human nized when he presented his resigna- the same disastrous mistake as we did Services, Mike Leavitt, just recently tion to the Continental Congress. That with Iraq. put in place that States cover 95 per- is the system that the wise Framers of Madam President, I yield the floor. cent of low-income kids before they ex- the Constitution created when they Mr. WHITEHOUSE. Madam Presi- pand. drafted our most basic and sacred docu- dent, may I speak for 12 minutes as in This bill also contains an ‘‘income ment. That is the system that every morning business? The PRESIDING OFFICER. Without disregard loophole’’ that would allow Senator takes an oath to defend. objection, it is so ordered. States to ignore thousands of dollars of Today is a fitting day to discuss the income when determining SCHIP eligi- issue of Iran. Today is All Hallows f bility. States could essentially define a Eve—Halloween—a day when people ON THE NOMINATION OF MICHAEL family’s income at whatever level they don masks and costumes to frighten MUKASEY others. The White House has been busy see fit. Mr. WHITEHOUSE. Madam Presi- Democrats also argue this do-over unleashing its rhetorical ghosts and dent, the Senate is now called upon to bill will only serve children, not adults. goblins to scare the American people consider President Bush’s nominee to Even that is not the case. While this with claims of an imminent nuclear succeed Alberto Gonzales as Attorney legislation would phase childless adults threat in Iran, as they did with Iraq. General of this Nation the person we out of the program within 1 year, par- But while few people doubt the desire must rely on to repair what has been ents would still be eligible. of some in the Iranian regime to attain left broken to uphold the rule of law Put it all together, and we have a bill a nuclear bomb, there is little evidence where political loyalties once ruled and born out of a process that is focused that Iran is close to acquiring such a to lead the Department of Justice for- more on scoring political points than weapon. Fear, panic, and chest-pound- ward at a time of upheaval; and of ur- making good policy, and it is certainly ing do not work well in the conduct of gency. not one I intend to support. foreign policy. This is a time to put di- In many ways, President Bush has I urge my colleagues to re-engage in plomacy to work. There is ample op- made a fine appointment in Judge Mi- communication and consultation with portunity to coordinate with our allies chael Mukasey; far better than we have this side of the aisle. Together, we can to constrain Iran’s ambitions. But in- come to expect in this administration. craft a bill that keeps its focus on low- stead of working with our partners, the He is not a political hack. He is not a income children and can actually re- Bush administration has unveiled new partisan ideologue. He is not an incom- ceive a Presidential signature. That is unilateral sanctions against Iran. In- petent crony. We have had our share of the way to accomplish real results for stead of direct diplomatic negotiations those. No, he is a brilliant lawyer, a the American people. We Republicans with Iran, the Bush administration distinguished jurist, and by all ac- stand ready and willing to do just that. continues to issue ultimatums and counts a good man. Madam President, I yield the floor. threats. And no one feels more keenly than do The PRESIDING OFFICER. The Sen- We have been down that path al- I the need for repair and recovery of ator from West Virginia. ready. We know where it leads. Vice the Department of Justice. In a small Mr. BYRD. Madam President, what is President CHENEY recently threatened way, I served this Department, as a the matter before the Senate? ‘‘serious consequences’’—serious con- U.S. Attorney, and I feel how impor- The PRESIDING OFFICER. The mo- sequences—if Tehran does not acqui- tant this great institution is to our tion to proceed to the Children’s esce to U.S. demands—the exact phrase country; and how important an Attor- Health Insurance Program. that he, the Vice President, used in the ney General—such as Judge Mukasey Mr. BYRD. I ask unanimous consent runup to the invasion of Iraq. The par- could be—is to this great institution. that I may speak as in morning busi- allels are all too chilling. President I wish it were so easy. But there are ness, and I speak out of order. Bush warned that those who wished to times in history that rear up, and be- The PRESIDING OFFICER. Without avoid World War III should seek to come a swivel point on which our direc- objection, it is so ordered. keep Iran from obtaining nuclear weap- tion as a Nation can turn. IRAN ons. Secretary of Defense Gates has ad- The discussion of torture in recent Mr. BYRD. Madam President, I com- mitted in the press that the Pentagon days has made this such a point. Sud- mend and offer my wholehearted sup- has drafted plans for a military option denly, even unexpectedly, this time has port for the resolution that Senator in Iran. The President’s $196 billion re- come. DURBIN has submitted. His resolution, quest for emergency war funding in- It calls us to think—What is it that which I am proud to cosponsor, is a cluded a request for bunker buster makes this country great? Whence simple, clear statement of a funda- bombs that have no immediate use in cometh our strength?

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.041 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13612 CONGRESSIONAL RECORD — SENATE October 31, 2007 First, of course, is a strong economy, our strength as a nation? Our strength One might argue that this makes Mr. to pay for military and foreign aid ac- comes from the fact that we stand for Mukasey an innocent victim in a clash tivities; to attract the best and the something. Our strength comes from between Congress and the President— brightest from around the world to our the aspirations of millions around the that no nominee for Attorney General land, and to reward hard work and in- globe who want to be like us, who want will be able to satisfy Congress or the vention, boldness and innovation. their country to be like ours. Our American people on the question of Now is not the time to discuss how strength comes when we embody the torture, because the President or per- we have traded away our heartland hopes and dreams of mankind. haps the Vice President will not allow jobs, how our education system is fail- September 11 was a terrible catas- any nominee to draw that bright line ing in international competition, how a trophe that rocked our Nation to its at what we all know in our hearts and broken health care system drags us core. But tens of thousands of Ameri- minds to be abhorrent to our Constitu- down, how an unfunded trillion dollar cans, nearly 30,000 men, died in the Ar- tion and our values. war and the borrowing to pay for it gonne Forest, and we did not lose our That is exactly the point. If we allow compromise our strength. For now, let character as a nation. Are we not as the President of the United States to me just recognize that a strong econ- strong now as then? prevent, to forbid, a would-be Attorney omy is necessary to our strength. September 11 was a terrible catas- General of the United States—the most But a strong economy is only nec- trophe that challenged our economy, highly visible representative of our essary, not sufficient. Ultimately, our politics, and our way of life. But rule of law—from recognizing that America is an ideal. America for cen- Japan withstood two nuclear explo- bright line, we will have turned down turies has been called a ‘‘shining city sions, and it is today an economically that dark stairway. I cannot stand for on a hill.’’ We are a lamp to other na- and culturally vibrant country. Are we that. I will oppose this nomination. tions. A great Senator on this floor not made of stuff as strong as they? I yield the floor. said ‘‘America is not a land, it’s a September 11 was a terrible catas- The PRESIDING OFFICER. The Sen- promise.’’ trophe, and it lives on as a test for our ator from Wyoming. Torture breaks that promise; extin- Nation. But the real catastrophe would Mr. ENZI. Madam President, it is my guishes that lamp; darkens that city. be if we sell our birthright for a mess understanding that we are in the 30 When Judge Mukasey came before of pottage, if we sell our destiny as a hours of postcloture on the motion to the Judiciary Committee, he was asked lamp to other nations and a beacon to proceed on SCHIP. Am I correct? about torture and about one particular a suffering world, for bits of coerced in- The PRESIDING OFFICER. That is practice which has its roots in the telligence. correct. Spanish Inquisition. Waterboarding in- I don’t think anyone intended this Mr. ENZI. I thought it might be a volves strapping somebody in a reclin- nomination to turn on this issue. So good idea for somebody to actually ing position, heels above head, putting many of us saw with relief an end to talk about that. To quote from Shake- a cloth over their face and pouring the ordeal of the Department of Jus- speare: water over the cloth to create the feel- tice, and wished this nomination to A rose by any other name would smell as ing of drowning. As Senator JOHN succeed. sweet. MCCAIN, who spent years in a prison But for whatever reason, this mo- But the so-called new SCHIP plan is camp in North Vietnam, has said, ‘‘It is ment has appeared, unbidden, as a mo- essentially the same as the old one, not a complicated procedure. It is tor- ment of decision on who we are and and it still stinks. ture.’’ The Judge Advocates General of the what we are as a nation. What path I rise today to speak about the State United States Army, Navy, Air Force will we follow? Will we continue Amer- Children’s Health Insurance Program, and Marines have agreed that the use ica’s constant steady path toward the or what people on Capitol Hill are call- of simulated drowning would violate light? ing SCHIP. U.S. law and the laws of war. Several Will we trust in our ideals? Will we SCHIP was created by a Republican Judge Advocates General told Congress recognize the strength that comes Congress in 1997 to help low-income that waterboarding would specifically when men and women rise in villages kids get health insurance. The goal of constitute torture under the Federal and hamlets and barrios around the the program is to help kids who do not Anti-Torture Statute, making it a fel- world and say, that is what I want my qualify for Medicaid but also cannot af- ony offense. country to be like; that is the world I ford to get health insurance on their Judge Mukasey himself acknowl- choose, and turn their faces toward our own, receive the care they need. This edged that ‘‘these techniques seem over light? program was temporarily extended the line or, on a personal basis, repug- Or, to borrow from Churchill, will we until November 16, 2007, which is com- nant to me.’’ He noted that head down ‘‘the stairway which leads ing up shortly. I am here today to waterboarding would be in violation of to a dark gulf. It is a fine broad stair- speak about how important it is for the Army Field Manual. way at the beginning, but after a bit Congress to work with the President to But in our hearing last week, asked the carpet ends. A little farther on reauthorize this critical program in a specifically whether the practice of there are only flagstones, and a little way that gets every single low-income waterboarding is constitutional, he farther on still these break beneath child who needs insurance insured. would say no more than: ‘‘if it amounts your feet’’? Will we join that gloomy If it were not for politics, this would to torture, it is not constitutional,’’ historical line leading from the Inqui- have been solved last week. It would and since then he has failed to recog- sition, through the prisons of tyrant have been solved last month. nize that waterboarding is clearly a regimes, through gulags and dark cells, We have been working on this issue form of torture, is unconstitutional, and through Saddam Hussein’s torture in the Senate for a few months now. and is unconditionally wrong. chambers? Will that be the path we And the longer we work on it, the more There are practical faults when choose? political it becomes. I worried that America tortures. It breaks the Golden I hope not. some Members in this Chamber have Rule—do unto others as you would I am torn—deeply torn between this lost sight of the goal: making sure all have them do unto you, enshrined in man and this moment. This is a good the low-income children in this coun- the Army Field Manual with the ques- man, I believe. But this moment can try have health care. tion, if it were done to your men, help turn us back toward the light, and The press has been reporting that would you consider it abuse? away from that dark and descending Members of the body have claimed that There are practical concerns over stairway. If this moment can awaken all the concerns were addressed in the whether torture actually works, us to the strength of our ideals and last version of the bill the House voted whether it is sound, professional inter- principles, then, with whatever on last week. That is not correct. The rogation practice. I am not an expert, strength I have, I feel it is my duty to concerns were not addressed. This so- but experts seem to say it is not. put my shoulder to this moment, and called new bill still fails to put low-in- But the more important question is with whatever strength God has given come children first by gutting the ad- the one I asked earlier—whence cometh me, to push toward the light. ministration’s requirement to enroll at

VerDate Aug 31 2005 02:24 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.002 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13613 least 95 percent of the kids below 200 Now, I am not a fan of tobacco. I there know how to budget and plan. I percent of poverty before expanding have spoken on this floor many times sure hope it does not come to that. We the program to cover the higher in- about why I am so adamantly against need to get it extended. We need to get come population. tobacco usage. But using a tobacco tax it extended right now. This so-called new bill still expands to pay for children’s health insurance I hope Congress will be able to set the Children’s Health Insurance Pro- does not make sense because you have the politics aside and put the kids first. gram to higher income families by to keep the program funding level sta- We have a job to do for all the kids in using income disregards, which is clari- ble in the future, and that would re- the States that are not as fiscally re- fying certain expenses so they do not quire 22 million more smokers. sponsible as Wyoming. They will start count toward income. How much are We are going to help children’s running out of money, so we owe it to we going to let people exclude and still health by talking 22 million more peo- them to work across the aisle and with consider them poor? ple into smoking and keeping the ones the President and get a bill signed into When the House debated this bill last who are smoking now from quitting? It law. I will cover this some more tomor- week, Representative DINGELL, the does not sound like a health care plan row when more have spoken and there chairman of the Energy and Commerce to me. are some arguments to counter. Committee, participated in the col- The so-called new bill still contains There is a way that we can come to loquy with Representative BURGESS district-specific earmarks. Again, we a compromise and arrive at a solution. and explained how the income dis- know we have lost focus on children’s In fact, some of the negotiations I was regard loophole works. health insurance when the bill contains involved with last week I thought had What this means in plain English is, earmarks for certain districts. Clearly, been reached. And then when I saw the the majority party knows there is a the so-called new bill has not changed bill that was voted out by the House, I provision in the bill that could lead to that much from the previous bill. We saw a little recidivism there. I thought children from families earning over have to put low-income kids first, and we had done better than that. But, ob- $100,000 going into Government health this bill does not do that. viously, we had not. Obviously, we need care. This is exactly what I mean when I have cosponsored the Kids First to keep working. I say we have lost focus when it comes Act, S. 2152. The bill would provide I yield the floor. to this bill. This program is intended Federal funding for children in need The PRESIDING OFFICER (Mr. to help low-income kids, not kids in and require the money actually be SALAZAR). The assistant majority lead- families earning as much as $100,000 a spent on children from families with er is recognized. year. lower incomes. MUKASEY NOMINATION The so-called new bill still allows the This bill is a good step in the direc- Mr. DURBIN. Mr. President, it is my enrollment of adults, though the bill tion of the compromise, and I hope the great honor to serve in the Senate and does transition childless adults off the majority will see that and start work- represent my State of Illinois. It is a SCHIP into Medicaid. Parents still re- ing with the minority to pass some- singular honor and responsibility. ceive SCHIP coverage. thing the President can sign rather Unlike the House of Representatives The so-called new bill still removes 2 than putting the kids in jeopardy by where I was honored to serve for 14 million individuals from private cov- continuing to play politics. years, in the Senate we are often called erage and puts them on Government- I would be remiss if I did not mention on to judge people; not ideas, not bills, run health care at the taxpayer’s ex- what a great job my home State of Wy- not expenditures, but people. I think it pense. oming is doing in the way that they defines one of the fundamental dif- Congress needs to ensure this pro- are administering SCHIP. Wyoming ferences between the House and the gram is paying for health insurance for first implemented its SCHIP program, Senate. kids who do not currently have health called Kid Care CHIP, in Wyoming in So often when it comes to the Presi- insurance, not switching kids from pri- 1999. In 2003, Wyoming formed a public- dent’s appointments and Cabinet offi- vate insurance to Government-run private partnership with Blue Cross/ cials, those who serve us in public life, health insurance. Blue Shield of Wyoming and Delta Den- we have to take the measure of a per- We need to help all Americans get tal of Wyoming to provide health, vi- son and decide whether that person is health insurance, but there are better, sion, and dental benefits to nearly 6,000 the right one for the moment, if that more efficient ways than spoiling a kids in Wyoming. That is a pretty sig- person has the integrity and the skill good children’s plan. I have introduced nificant part of our population. Wyo- and the values to serve this great Na- a first-class, 10-step plan that would ming is the least populated State in tion. help us achieve the goal of comprehen- the Nation. It is a heavy burden. Sometimes I am sive health care reform for every These partnerships have made Kid sure I have gotten it wrong, and other American. Any one of those steps Care CHIP a very successful program in times right. You are never quite sure. would improve the situation for almost Wyoming. All children enrolled in the In this situation, as a member of the all Americans. All 10 steps would im- program receive a wide range of bene- Senate Judiciary Committee, I am prove it for every American. fits, including inpatient and outpatient faced with this question about filling But to get back to what is wrong hospital services, lab and x ray serv- the vacancy after the resignation of with this new bill, the so-called new ices, prescription drugs, mental health Attorney General Alberto Gonzales. bill still expands SCHIP to illegal im- and substance abuse services, not to I was not a fan of Attorney General migrants by weakening citizenship mention dental and vision services. Gonzales. I voted against his nomina- verification requirements. Let me re- Families share in the cost of the chil- tion. There were many reasons. I will peat that. This so-called new bill still dren’s health care by paying copay- not go through the long litany. But I expands the SCHIP program to illegal ments for a portion of the care pro- did not believe he was the right person immigrants by weakening citizenship vided. These copays are capped at $200 for the job. I thought his appointment verification requirements. a year per family—not per child, per to lead the Department of Justice was Now, the so-called new bill still is family. the appointment of a man more loyal not paid for. It is relying on a budget Wyoming is also engaged in an out- to a President than to our Constitution trick to get around the budget rule. I reach campaign targeted to find and and his special responsibility in our am the only accountant in the Senate. enroll the additional 6,000 kids who are Cabinet. I am sure there are others who can eligible for the Kid Care CHIP but are But even beyond that, I was haunted, count. There are documents that show not enrolled. I am proud of the great haunted by the involvement of Attor- this information, but this so-called new job Wyoming is doing in implementing ney General Gonzales in a historic de- bill still includes a tobacco tax in- its program. cision made by the Bush administra- crease, and the proposed tax hike is I am proud to say that even if the tion. highly regressive, with much of the tax program were not reauthorized, Wyo- America has never been the same burden being shouldered by low-income ming has enough money to run its pro- since 9/11/2001. We can all recall exactly taxpayers. gram for another year because folks where we were at that moment, the

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.051 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13614 CONGRESSIONAL RECORD — SENATE October 31, 2007 horror that came over us as we realized ally call into issue the question of how I am afraid there are images of the how many innocent Americans would America would treat its prisoners after war in Iraq that will stay with people lose their lives with this unprovoked 9/11. for a long time as well. One of them, terrorist attack on the United States, The reason it never dawned on me sadly, will be images from Abu Ghraib the grief we shared with families and was the fact that for decades now the prison and the treatment of Iraqi pris- friends after that loss, witnessing all of United States has been in a position of oners. A prisoner on a stool with his the funerals and hearing all of the sad global leadership when it comes to the head covered with a bag, his arms ex- stories. morally right position on the treat- tended with electrodes connected; I am Determined, this Congress came to- ment of prisoners. afraid that is an image that will be gether in a matter of days and declared We have prided ourselves on our co- with us for a long time and in the war on those responsible. Now there authorship of the Geneva Conventions, minds of many will be an unfair char- have been many times in my public ca- an international standard of conduct acterization of America and what we reer when I have been called on to de- relative to the treatment of prisoners are about. cide whether to go to war. These are in a time of war. We have prided our- That was one of the reasons why I the decisions which may look easy selves on our own Constitution which could not vote for the nomination of from the outside but are never easy. bars cruel and unusual punishment. We Attorney General Gonzales. I knew he You know that when a nation goes to have said that a democracy, the one we was complicit in these conversations, war, people will die. You hope it will be revere, the one that is part of our very these policies, this change when it the enemy, but you know it will be national being, is a civilized nation, a came to the issue of torture. I find it some of our own, and innocent people nation that will draw lines and live by difficult to rationalize how a person as well. You find yourself tossing and those lines when others might not. whose job it is to uphold the rule of law turning thinking about what is the Other countries in the world think could be party to that. right thing to do. perhaps we get on a high horse some- Now comes a vacancy, an oppor- When it came to the declaration of times when it comes to this. Each year tunity to consider a successor—Judge war on the Taliban and al-Qaida for the Department of State puts out a Michael Mukasey, former Federal what happened on 9/11, there was no human rights scorecard on the world. judge from New York, a person who has tossing and turning. With resolve, the We grade the world on issues such as given his life to the law, an extraor- Senate unanimously voted to embark torture, treatment of prisoners, treat- dinarily gifted, talented, able jurist, on that war, to make it clear that the ment of political dissent, use of child who left the bench for private practice. United States would not tolerate what soldiers, genocidal policies. The United Some have described Judge Mukasey as had happened on 9/11. States makes an announcement: These aspiring to the role of caretaker be- Of course, shortly thereafter, another are the countries that are not living up cause it is a year and a few months challenge presented itself to the Sen- to those standards. We stand in judg- away from the President’s end of office. ate when it came to the war in Iraq. I ment of other nations. That is why it But the person confirmed to fill that thought that was a much different came as a surprise to me, as slowly the job has a much bigger responsibility issue. In fact, I thought it was an un- information trickled out from this than caretaker. He will bear a heavy wise policy decision to go forward. I White House and this administration, burden of doing his part to restore joined 22 of my colleagues in voting that the Bush administration was rais- honor and dignity to the Department against the authorization for the use of ing fundamental questions about of Justice. military force by President Bush. whether we would change the way we I believe Michael Mukasey could do I think history has shown that the treated prisoners, detainees in the so- that if he not only brought the skills of decision to go to war in Iraq was one called war on terrorism. a judge and the administrative skills that was ill-fated and may go down as As we learned, some of the decisions that he might bring to the job, but also one of the worst decisions in the his- of this administration were particu- brought with him a clear break from tory of our Nation. But what happened larly troubling. They called the Geneva Attorney General Gonzales’s views on in addition to those two declarations of Conventions, which had guided us for the issue of torture. It is the Attorney war is also going to be written in the almost half a century, quaint, and General’s role to uphold the law and annals of history. some referred to them as obsolete; they American values. Former Attorney What did we do to protect America? said that we had to do more when it General Gonzales failed in that role. Well, if you look back in our history, came to terror. It appears at some The late historian Arthur Schles- you will find that whenever we are in- point there was a change of heart in inger, Jr. said this about the Justice secure and frightened and believe we the administration and they backed off Department’s legal defense of torture: are in danger, we make a number of de- some of the early harsh language in the No position taken has done more damage cisions to find security and peace of so-called Bybee memo and went on to to the American reputation in the world— mind. Then over time we reflect on revert to some standards closer to ever. those decisions. And over time some of where our Nation had always been. The That is a powerful statement from a them do not stand the test of being fact is, there was not only active dis- man who made his life as a historian consistent with our basic values. cussion, but it appears there was active and close adviser to President John We were debating some of those deci- conduct involved in the treatment of Kennedy and close confidant of many sions even today in the Judiciary Com- prisoners far different than what we others at the highest levels of public mittee. The question of warrantless had said to the world was our standard life, to say that no position taken has wiretapping, the conflict between pri- of treatment and our standard of care. done more damage to America’s rep- vacy and security. It is almost always I am old enough to recall the Viet- utation in the world than this adminis- an issue when America is at war or nam war. I often say to groups I speak tration’s position on torture. there is a question of our security. It is to in Illinois and other places that cer- Judge Mukasey has a distinguished an issue today: telephone records, tain words bring certain images. When record. I had hoped his background as a records of e-mail traffic, and so forth. the words ‘‘Vietnam war’’ are brought member of the Federal judiciary would What right does the Government to mind and I am asked of the first give him the independence and integ- have, and under what circumstances snapshots in my mind, the first one rity necessary for the job of Attorney can the Government violate the pri- that presents itself is the black-and- General. On the first day of his testi- vacy of an individual in an effort to white grainy photograph of the mayor mony I was so relieved and refreshed; protect our Nation? That debate will of a South Vietnamese hamlet shooting he answered questions. He didn’t say ‘‘I continue. It is far from resolved. pointblank at the head of a political don’t know’’ and duck and dodge. When But there was another debate in- prisoner. The second image is of a little confronted with hard questions, such volved after 9/11 that I did not antici- girl stripped naked running down a as will you be prepared to walk away pate. I did not imagine at the time, in road with her arms extended, burned from this President if asked to do all of my grief and all of my concern, from napalm. I will never get those im- something that you feel inconsistent that this administration would actu- ages out of my mind. with the Constitution and laws of the

VerDate Aug 31 2005 23:57 Oct 31, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.052 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13615 land, he was resolute and firm in his say the least, it was disappointing. We prisoner, spoke to this issue with credi- answers. I thought maybe this is the asked Judge Mukasey a simple, bility and clarity. This is what he said right person. This is a man who, be- straightforward question. Is of waterboarding: cause of his background and station in waterboarding illegal? His response In my view, to make someone believe that life, doesn’t need this job but would took four pages. In it was very little. you are killing him by drowning is no dif- take it for public service and be willing He said waterboarding was ‘‘on a per- ferent than holding a pistol to his head and to stand up for principle. It was so re- sonal basis, repugnant to me.’’ But he firing a blank. I believe that it is torture, freshing. refused to say whether waterboarding very exquisite torture. Then came the second day of ques- was illegal because ‘‘hypotheticals are Earlier this week Senator MCCAIN tions. I had a chance to ask him a ques- different from real life’’ and it would was asked about Judge Mukasey’s re- tion toward the end of the hearing. The depend on ‘‘the actual facts and the fusal to say whether waterboarding room was almost empty. People had circumstances.’’ was torture. This is how he responded: come to the conclusion on the second With all due respect, that is an eva- Anyone who says they don’t know if day that it was a foregone conclusion sive answer. Frankly, while Judge waterboarding is torture or not has no expe- that Judge Mukasey would be approved Mukasey has not been confirmed yet, rience in the conduct of warfare and national as the nominee by the Judiciary Com- that answer sounds too reminiscent of security. mittee and submitted to the Senate. I his predecessor. For the past 5 years, Senator JOHN WARNER, one of the au- asked him late in the questioning whenever we have asked the adminis- thors of the Military Commissions Act, about the issue of torture. In fact, I tration whether torture techniques during the floor debate on the same was specific. I went beyond the general such as waterboarding are illegal, they legislation said that waterboarding is questions of torture because the ad- always have the same response: That is ‘‘in the category of grave breaches of ministration said clearly: We do not a hypothetical question, and it depends Common Article 3 of the Geneva Con- have a policy of torture. We don’t en- on the facts and circumstances. ventions’’ and would be ‘‘clearly pro- gage in torture. Let’s be clear. Waterboarding is not a hibited’’ by the Military Commissions I then went to specific forms of tor- hypothetical. Waterboarding or simu- Act. ture, things that have been done to lated drowning is a torture technique Our own State Department has long prisoners in detention over the cen- that has been used at least since the recognized that waterboarding is tor- turies which are commonly regarded as Spanish Inquisition and is used today ture and cruel, inhuman and degrading torture. I asked him about by repressive regimes around the treatment. The State Department has waterboarding. Judge Mukasey refused world. I have come to the floor, Sen- repeatedly criticized other countries to answer the question and said: ator MCCONNELL has come to the floor, for using waterboarding in its annual and many others, to decry what is hap- Country Reports on Human Rights I don’t know what’s involved in the tech- nique. If waterboarding is torture, torture is pening in Burma today where the mili- Practices. not constitutional. tary junta is not only killing innocent How can we on one hand say our Sec- Burmese people in the streets but en- retary of State is going to look at the SHELDON WHITEHOUSE of Rhode Island conduct of the world and issue a report is my colleague. He called this re- gaging in torture and detention of citi- every year and find that if they are en- sponse by Judge Mukasey ‘‘a massive zens who are only trying to speak their heart. The Burmese military has re- gaged in waterboarding and the torture hedge.’’ I think Senator WHITEHOUSE of prisoners, they have violated human was kind. For those who heard his re- portedly used waterboarding against rights, and have a nominee for Attor- marks a few minutes ago, I told him it democracy activists as they violently ney General of the United States of was one of the most powerful state- repressed demonstrations in recent America uncertain until he knows a ments I had heard as a Senator in ana- weeks. Whether waterboarding is tor- little bit more about the facts and cir- lyzing the challenge we now face on the ture is certainly not a hypothetical cumstances surrounding the use of Judiciary Committee with this nomi- question to these Burmese democracy waterboarding? nation. activists. These are some techniques It is important to note that although I had hoped I would have heard from that are so clearly illegal that it Judge Mukasey was equivocal and eva- Judge Mukasey words that were spo- doesn’t depend on facts and cir- sive on the issue of waterboarding, ken to me and to the committee and to cumstances. They should always be off there were other issues he was happy to America by people who have given limits. Would it depend on the facts volunteer strong opinions on. For ex- their lives to considering this difficult and circumstances whether it is tor- ample, I asked him whether he believes topic. ture to pull out someone’s fingernails? the Second Amendment secures an in- Retired RADM John Hutson, former Do you want to know more? Would it dividual right to bear arms. Unlike Navy Judge Advocate General, testified depend on facts and circumstances waterboarding, which is widely con- at Judge Mukasey’s confirmation hear- whether rack-and-thumb screws are demned, this is an unsettled legal ques- ing. He was asked about Judge torture? Judge Mukasey refused to say wheth- tion. Mukasey’s statements and position on er waterboarding is illegal, but many The Bush administration takes the waterboarding. This is what he said: others have answered this question and position that the Second Amendment Other than, perhaps the rack and thumb they didn’t need four pages to do it. protects an individual right to bear screws, water-boarding is the most iconic ex- firearms, but that view has been re- ample of torture in history. It was devised, I Following World War II, the United believe, in the Spanish Inquisition. It has States prosecuted Japanese military jected by most Federal appeals courts been repudiated for centuries. It’s a little personnel as war criminals for and conflicts with the holding of the disconcerting to hear now that we are not waterboarding American servicemen. U.S. Supreme Court in United States v. quite sure where waterboarding fits in the The Judge Advocates General, the Miller. Judge Mukasey did not hesitate scheme of things. I think we have to be very highest ranking military lawyers in and ask for facts and circumstances. sure where it fits in the scheme of things. each of the U.S. military’s four He said: Those are the words of Admiral branches, told me unequivocally Based on my own study, I believe that the Hutson. I was troubled by Judge waterboarding is illegal. Second Amendment protects an individual Mukasey’s position on waterboarding. I To take one example, BG Kevin M. right to keep and bear arms. joined with all of my Democratic col- Sandkuhler, Staff Judge Advocate to On this contentious, debated, con- leagues in the Judiciary Committee the Commandant of the Marine Corps, stitutional issue about the Second and sent him a letter. I wanted to give stated: Amendment, he wasted no time coming him a fair opportunity to reflect on the Threatening a detainee with imminent to a legal conclusion. But when it questions and his answers and to give death, to include drowning, is torture. comes to the issue of waterboarding he us a complete statement of his views Senator JOHN MCCAIN, a Republican refuses. on this issue. I felt it was important colleague from Arizona, who knows Every reason Judge Mukasey has of- and only fair to give him that chance. more than anyone on this floor about fered in his letter to us for his failure Last night we received his reply. To being a prisoner and being treated as a to take a position on waterboarding

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.053 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13616 CONGRESSIONAL RECORD — SENATE October 31, 2007 falls short. He says he has not been written, I am afraid many of the ac- Her mom, Sandi DeBord, told me briefed on the administration’s interro- tions of this administration will fall about Sydney because she was very gation programs. Isn’t it ironic, be- into a sad and regretful category—a frightened that CHIP might no longer cause if he were briefed, he would have category that includes the suspension be available for her daughter. She refused to answer the question, saying of habeas corpus during the Civil War, wrote to me and said: it is classified. What I am asking about the Sedition Act of World War I, the I know for a fact that without this bit of are basic principles, and he refuses to Japanese internment camps in World assistance, her life would end much sooner answer. War II, the Army-McCarthy hearings of due to the inability to afford quality health Now he argues he cannot answer the the Cold War, the enemies list of the care for her. question because he has not been Nixon administration—overreactions Her life would end because she could briefed. As we made clear in our letter, by a government so consumed with the not afford health care. What a sad we are not asking Judge Mukasey’s idea of security that that government note. I am here to tell the story again views of the administration’s interro- lost its way when it came to our basic because, sad to say, 3 months later I gation program. We are asking him for and fundamental values. cannot assure Sydney’s mom that his personal opinion on waterboarding. We cannot lose our way when it CHIP will always be there. In fact, the He also argues he cannot take a posi- comes to the choice of the next Attor- news has become even more worrisome. tion on waterboarding because it would ney General. As good a person as he Just today, in the New York Times, ‘‘provide our enemies with a window may be, his response to this question— it reported that because of the Presi- into the limits or contours of any in- this basic and fundamental question on dent’s refusal to work with Congress on terrogation program.’’ policies of the interrogation of pris- this bill, several States are now plan- With all due respect, what does that oners leaves me no alternative but to ning to start dropping children from say about us? If you would go to the oppose Judge Mukasey’s nomination to the program in order to save money. Internet now and run a search on the be Attorney General of the United Unless something changes, California term ‘‘waterboarding,’’ you would find States. says it is going to start dropping 64,000 there are 18 million references to it—18 Mr. President, I yield the floor. kids a month in January—64,000 kids a million. This is not a term shrouded in The PRESIDING OFFICER. The Sen- month. mystery. It is a term well known and ator from Washington. A study from the Congressional Re- well discussed across the world. Mrs. MURRAY. Mr. President, back search Service found that nine States— If the argument is being made by in August, I stood right here on the Alaska, Georgia, Illinois, Iowa, Maine, Judge Mukasey that we want to leave Senate floor and shared the story of a Maryland, Massachusetts, New Jersey, our enemies in doubt as to whether we little girl from my home State. I did and Rhode Island—are all going to run engage in waterboarding, what does it that because I wanted to illustrate why out of money by March. Twelve more say about us? If the United States does it is our moral obligation as Americans States are going to run out between not explicitly and publicly condemn to renew and improve the Children’s April and September. This is a tragedy, waterboarding, it is certainly more dif- Health Insurance Program, or CHIP. and it is our moral obligation to fix ficult to argue that enemy forces can- Shortly afterward, the Senate ap- this. That is what we are trying to do not use the same tactics. That has al- proved the CHIP bill by an over- now in the Senate. ways been the gold standard. If this whelming margin because Senators on As Sydney’s story shows us, the need tactic of interrogation were applied to both sides of the aisle agreed that all for the Children’s Health Insurance an American soldier, would the United children should be able to see a doctor Program is clear. It does not matter if States cry foul? Would we say it is tor- when they are sick. They supported re- you are a Republican child or a Demo- ture, cruel, inhuman, and degrading? authorizing CHIP because it would re- crat child or a progressive or a conserv- There is no doubt in my mind we duce the number of uninsured Amer- ative; making sure our children get would say any American soldier sub- ican children by a third. health care is the right thing to do. Well, President Bush vetoed it. jected to waterboarding is a victim of When a child gets a cut that requires torture. We said it after World War II, Now it is 3 months later, and I am stitches or comes down with a fever or has and we prosecuted those Japanese mili- frustrated and angry that I have to an earache or any other imaginable problem, tary officials responsible. stand here again talking about CHIP they ought to be able to get help, period. Why now in the 21st century is there and that we are still trying to get the This is the United States of America. But, any doubt in Judge Mukasey’s mind? White House to understand. unfortunately, today, in this country, that is Sadly, if the Senate confirms Judge The supporters of this bill have not the case. Millions of kids do not get the Mukasey, it will tell the world the agreed to a compromise. We want to medicine or the care they need. American Attorney General has not make this program work. We are back We know the ranks of our uninsured made up his mind about a form of tor- with another bill now that we think children are growing because as the ture that has been repudiated for cen- meets everyone’s needs. So today I cost of living rises and wages remain turies. come back to the floor to remind Presi- stagnant, more and more parents are Many of us have a vision of America dent Bush and anyone else who still struggling to afford any health care. after this administration. We look be- questions how important it is to ap- Most of us in the Senate know this. yond January 20, 2009. We hope we will prove this program now—about that The CHIP program has had strong Re- live in a better and safer world. We little girl from Yakima, WA, because it publican support, and I particularly hope the next President, whoever that is time for the President to stop block- thank Senator GRASSLEY and Senator may be, will rebuild alliances with ing her health care. HATCH, who cosponsored the original countries that have stood by our side The little girl I want to tell you 1997 bill, and have been working so through thick and thin throughout our about is Sydney. She is 9 years old. In hard with Senator BAUCUS and Senator history—countries which are now es- many ways, Sydney is like any other ROCKEFELLER since. tranged by the policies of this adminis- happy child in America. She loves to But even with that bipartisan sup- tration. sing. She loves to dance. She does well port in the Senate, President Bush has We hope whoever the next President in school. She has a lot of friends. But complained about the bill that passed. will be, that person will seek to restore Sydney is different in one way. She has As an excuse to delay the program, he the image of America in the world, tell a life-shortening genetic condition and a few Republican supporters say we people who we are, because many have called cystic fibrosis. It requires her to have been unwilling to work with such wrong and bad impressions of this take and I quote from her a ‘‘bucket- them. They say it will increase costs. I great Nation. We certainly expect the ful’’ of medicine every day. am here to say that is not the case. De- next President to reestablish the val- She has already spent weeks of her spite what the President says, we lis- ues that define us: fairness and justice, young life in the hospital hooked up to tened to their concerns, and in this bill clarity of purpose—a caring nation, an IV of antibiotics which help her to that is now before the Senate we ad- dedicated to peace. live another day. All of that is possible dress those concerns. When the history of this war on ter- because of the health care she has re- This bill we are now considering ad- ror and this Bush administration is ceived as part of the CHIP program. dresses the concerns we heard over and

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.055 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13617 over that children of illegal immi- MORNING BUSINESS Mr. President, in the State of New grants will be covered by requiring Mrs. MURRAY. Mr. President, I ask York, Amtrak operates 140 routes, em- that States not only verify names and unanimous consent that there now be a ploys more than 1,900 people, and has 2 Social Security numbers, but they also period for the transaction of morning of the top 10 busiest stations in their check citizenship information in the business with Senators permitted to rail system. Amtrak is an integral part Social Security Administration’s data- speak therein for up to 10 minutes of our transportation infrastructure base. So that issue is gone. each. and continues to service parts of the Secondly, it ends the coverage of The PRESIDING OFFICER. Without State that need the influx of tourists, childless adults by the end of 1 year. So objection, it is so ordered. business travelers, and others. The fu- ture without Amtrak for New York that issue is gone. f Finally, this bill concentrates on would be devastating. making sure the poorest kids get cov- PASSENGER RAIL INVESTMENT I am proud that the full Senate has ered first. So that issue is gone. AND IMPROVEMENT ACT rejected the administration’s approach This bill also helps bridge the gap for Mrs. CLINTON. Mr. President, I am to Amtrak. As an original cosponsor of another 3.9 million children whose par- in support of the Passenger Rail In- this legislation, I commend Senator ents cannot afford insurance. And this vestment and Improvement Act of 2007. LAUTENBERG and Senator LOTT for program is paid for. I want to say that The passage of this critical legisla- their leadership in steering this criti- again. This program is paid for. tion is truly a great achievement. For cally important legislation through the President Bush just asked us to bor- New Yorkers, Amtrak is not just a Senate. As an original cosponsor of row $196 billion for the war in Iraq and commodity but a life source. Passenger this legislation, I am pleased that my Afghanistan for this year alone. But he rail is an essential element of our Senate colleagues have voted over- opposes children’s health insurance, transportation network that provides whelmingly to continue to provide crit- even though we found a way to pay for irreplaceable capacity and mobility to ical funding for Amtrak, and I look for- ward to this legislation being signed every penny of it for the next 5 years. New York and the Nation. For the past The $35 billion cost for CHIP’s initia- into law. near 7 years, we have had to fight the Mr. WHITEHOUSE. Mr. President, tives comes solely from a 61-cent excise administration’s constant attempts to yesterday, the Senate made a strong tax increase on cigarettes and other to- privatize and dismantle our Nation’s and long-overdue investment in the fu- bacco products. No other programs are premier passenger rail service, Am- ture of public transit in Rhode Island cut. Social Security is not raided. We trak. Eliminating Amtrak service and throughout the country. I am are not increasing the deficit. Not only would be an economic disaster and an pleased to have cast my vote for the will this provide millions of children irresponsible policy. passage of the Passenger Rail Invest- with health care, experts actually esti- Today, as gas prices continue to ment and Improvement Act of 2007 mate it is going to get 1.7 million climb and airline delays are at an all- (PRIIA), which will guide the mainte- adults to quit smoking and prevent time high, Amtrak not only provides a nance, growth, and funding of the rail- millions of kids from ever getting necessary and affordable alternative to road through Fiscal Year 2012. hooked. So this is good for our kids’ our congested airways, it links com- Each year, over 12 million business health care now, and it is going to muters to local locations not serviced and leisure travelers depend on Am- make a lot of kids healthier in the fu- by the airline industry. The enactment trak’s Northeast Corridor service, ture. of Passenger Rail Investment and Im- which connects the great cities of New Children’s health should not be about provement Act of 2007 will end the England and the Mid-Atlantic states. politics. I have said this over and over. stop-gap funding process for Amtrak Providence is a vital link on this route, It is about making sure kids see a doc- and will provide the traveling public with more than half a million Amtrak tor when they need to. Kids are not with the security of a comprehensive passengers boarding and departing Am- Democrats; they are not Republicans. plan for improving our nation’s pas- trak trains in the city each year. Also They are just kids who deserve health senger rail system. on the Northeast corridor route are care. No country in the world has ever de- Kingston and Westerly, Rhode Island. Unfortunately, President Bush has veloped and maintained a successful Kingston is home to the University of let health care for our children get passenger railroad system without as- Rhode Island, and Amtrak gives stu- caught up in a desperate attempt to ap- sistance from their national govern- dents, faculty, researchers, and visitors peal to his dwindling number of sup- ment. Without offering an alternative, direct access to this thriving college porters. President Bush has aimed to simply town. The Westerly station provides We know CHIP is the right thing to shut down passenger rail in the US. rail service to residents of both Rhode do. Americans know it is the right This plan will authorize $19.2 billion Island and Connecticut who rely on thing to do. More than 65 percent of in Federal funds for Amtrak by pro- public transportation. them oppose President Bush’s veto. viding $3.2 billion over the next 6 years Despite its importance to millions of So to President Bush—and to any of and will allow Amtrak to make critical travelers, the Northeast Corridor has our colleagues out there who still see repairs and improvements to its serv- fallen into a state of disrepair in recent this as a debate over politics and num- ice. Funding under this legislation will years. The infrastructure on this route bers—I want to remind you once more allow Amtrak to implement a com- is some of the oldest in the Nation, and of a little girl who is 9 years old whose prehensive plan that will enhance rail a revitalization plan has been nec- name is Sydney and the millions of security, reduce train delays, and im- essary for some time. This new Amtrak other kids out there who depend on us prove customer service. It will also bill includes a strategy to restore the to do the right thing. provide sufficient funding and direc- route to good condition by September Sydney is still fighting cystic fibro- tion to bring the Northeast corridor up of 2012—the first capital development sis, and her mom is still wondering to a ‘‘state-of-good-repair,’’ including plan put in place since Amtrak’s pre- whether she will be able to take care of vital tunnel life safety work in the vious authorization expired 5 years her in the future. I hope we can tell her Hudson River Tunnels. ago—and authorizes full federal fund- that we will. In recent years, attempts by Con- ing of necessary repairs and upgrades. So on behalf of Sydney, on behalf of gress to improve and modernize Am- The Amtrak bill also authorizes the the 73,000 uninsured children in my trak’s operations were stalled by the formation of a commission to oversee State alone, and the more than 8 mil- Republican-controlled House, and ear- the operation and maintenance of the lion children in this country, I thank lier this year the President proposed Northeast Corridor. The commission all of my colleagues who worked so cutting $493 million, more than 38 per- will include Amtrak, the Federal Rail- hard on this bill and supported it to cent of Amtrak’s operating funds. This road Administration, and each state this point. I urge the President to stop sort of backward thinking would have along the route. I am pleased that blocking this critical program for our severely jeopardized Amtrak’s ability Rhode Island will have a voice in fu- kids. to serve their passenger lines in New ture planning for a resource so vital to Mr. President, I yield the floor. York and throughout the Northeast. us.

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.056 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13618 CONGRESSIONAL RECORD — SENATE October 31, 2007 In addition to funding operations and I believe that the Government’s first clumsily to the steady deterioration of capital improvements, the Amtrak bill duty is to defend its citizens, to defend Somalia’s security, humanitarian, and also addresses the congestion experi- them against the harms that come out political situations. In January, I said enced on so many of the system’s of hate. The Matthew Shepard Act is a that we had only a very limited win- routes. By law, Amtrak passenger symbol that can become substance. I dow to establish the conditions nec- trains have the right of way over pri- believe that by passing this legislation essary for stability in Somalia and the vate freight trains, but this preference and changing current law, we can volatile Horn of Africa region, but I is often ignored. The bill the Senate change hearts and minds as well. fear that opportunity may soon be lost. passed today permits the Surface f Events over the past few days suggest Transportation Board to assess fines that strong but inclusive leadership is FIRES OF SOUTHERN CALIFORNIA against non-compliant freight rail- needed now if Somalia is to avoid the 2007 roads and to distribute damages to Am- worst descent into chaos of its tumul- trak. Congestion has increased in re- Mrs. BOXER. Mr. President, over the tuous history. cent years, especially along the North- past 2 weeks, residents of San This weekend saw a massive setback east Corridor, and this provision should Bernardino, San Diego, Orange, Los in Somalia’s security and humani- lead to fewer and shorter delays for Angeles, Ventura, Riverside, and Santa tarian situation as a fresh outbreak of passengers. Barbara counties in southern Cali- fighting which aid workers describe as Finally, let us celebrate a piece of fornia have faced some of the most hor- the worst violence in months—forced good Rhode Island news—I have been rific wildland fires in California’s re- tens of thousands more Somalis from informed that the escalators in the corded history. At one point, as many their homes in Mogadishu. Most of Providence train station, which have as 1 million Californians were forced these people are seeking refuge in com- been broken and covered with dust from their homes and communities by munities whose coping capacities are since early 2005, are scheduled to be re- flames driven by Santa Ana winds of up already at the breaking point due to opened and in service by the week of to 100 miles per hour. the strain of providing food, water, pro- November 12. To date, 14 people have lost their tection, shelter, and basic services to I congratulate Senators FRANK LAU- lives, almost 3,000 structures, two- more than 300,000 existing internally TENBERG of New Jersey and TRENT thirds of them homes, have been de- displaced persons. Some of the newly LOTT of Mississippi on the passage of stroyed and more than 500,000 acres displaced have fled to areas where this critical piece of legislation. I also have burned. Over 100 people have been there is little or no access by humani- want to recognize the contributions of injured, some seriously. The con- tarian agencies. Rhode Island’s own Senator JACK REED, sequences to people’s lives will be long Forty of these aid organizations that who has been a strong and constant ad- term, and we will do everything we can are operating against all odds in Soma- vocate for Amtrak. The new resources to bring comfort to victims and regen- lia released a statement yesterday and clear development plan outlined in eration to affected communities. highlighting the dramatic deteriora- this bill reaffirm Congress’s commit- Throughout these fires, which are tion of the humanitarian situation and ment to passenger rail service in the only now being subdued, thousands of their increasing inability to effectively United States. firefighters, mostly Californians, but respond due to security and access con- f some from other States, have been on straints. They are calling on the inter- the front lines working around the national community and all parties to MATTHEW SHEPARD ACT OF 2007 clock to defeat the fires. They have the present conflict to demonstrate a Mr. SMITH. Mr. President, I wish to been tireless and fearless. We owe these commitment to protect civilians, to fa- speak about the need for hate crimes California firefighters, and those who cilitate the delivery of aid, and to re- legislation. Each Congress, Senator traveled across the country, our deep- spect humanitarian space and the safe- KENNEDY and I introduce hate crimes est thanks and appreciation. Whether ty of humanitarian workers. I want to legislation that would add new cat- it was saving the lives of people in the take this moment to honor the coura- egories to current hate crimes law, path of the flames, or making a stand geous individuals and their sponsoring sending a signal that violence of any to protect a neighborhood or a whole organizations for their persistent serv- kind is unacceptable in our society. town, these brave men and women were ice to the innocent civilians most af- Likewise, each Congress I have come to there selflessly doing their duty. fected by the ongoing instability in So- the floor to highlight a separate hate CalFire, the California National Guard, malia and to echo their appeal for con- crime that has occurred in our coun- county and local fire agencies worked certed action to support their work and try. tirelessly to get the job done. the broader objective of peace for So- In the early hours of October 19, 2007, Thankfully, there has been no loss of malia. a 28-year-old man was shot at allegedly firefighter lives, though several of our Amidst this dark backdrop there is a because of his sexual orientation. The firefighters were injured, and to them I glimmer of hope for progress. On Mon- victim and a friend left a gay bar in send my best wishes for a full recovery. day, the embattled Foreign Minister of Midtown Atlanta, GA, for a gas station I hope that today we all can recog- Somalia’s fragile transitional federal down the street at about 3 a.m. At that nize our firefighters’ valor and stead- government, Ali Mohamed Gedi, re- time, a sport utility vehicle with three fastness in the face of the threat. We signed amid feverish political infight- men inside pulled into the gas station’s must also commit ourselves to stand- ing. Since its formation 3 years ago, parking lot. One of the vehicle’s pas- ing up for their health and welfare as the TFG has suffered from a lack of sengers was allegedly intoxicated and they face health challenges that some- public legitimacy due to its inability complaining to customers about the times last a lifetime. They do a very to effectively represent and provide se- number of gay people at the gas sta- difficult job and we must do everything curity and services to the Somali peo- tion, using antigay epithets. Some of possible to assure they have all the ple. The appointment of a new Prime the man’s behavior is caught on sur- support necessary so that they can Minister is likely to be the last chance veillance tapes at the station. The vic- continue to be there when the next for this transitional government to re- tim and his friend began to walk back threat presents itself. store some credibility and move for- to the bar after a short stay at the gas f ward with political reconciliation. I en- station and were followed by the men courage all parties to seize this oppor- in the vehicle. As they walked by the SOMALIA tunity for progress towards a solution bar, the man who appeared intoxicated Mr. FEINGOLD. Mr. President, I to the country’s deepening crisis. shot at them four or five times, grazing have come to this floor many times In January, I warned that without the victim with a bullet that had rico- over the years to urge increased U.S. concerted international and national cheted off the building. While Georgia attention and resources to Somalia. action, Somalia could deteriorate into does not have a hate crime law, the Meanwhile, the United States and the what it has been since the early 1990s— shooting is being investigated as an international community at large have a haven for terrorists and warlords and antigay incident. continued to respond sporadically and a source of crippling instability in a

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.046 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13619 critical region. But as tensions be- Her scholarship has been focused on and I ask unanimous consent that her tween Ethiopia and Eritrea rise once the past, but almost from the begin- address be printed in the RECORD. again, the ongoing humanitarian needs ning she has been committed as well to There being no objection, the mate- of civilians in the Ogaden region of solving the problems of the present and rial was ordered to be printed in the Ethiopia reach international attention, making the world a better place for the RECORD, as follows: and the Comprehensive Peace Agree- future. UNLEASHING OUR MOST AMBITIOUS IMAGININGS ment in Sudan stands on extremely As a child in Virginia, she was ap- (Inaugural Address of President Drew Gilpin fragile ground, I fear that our failure palled by the racism in her own com- Faust as President of Harvard University, to protect civilians, defeat extremists, munity. At the age of nine, she wrote a Cambridge, Massachusetts, October 12, and build conditions for stability in So- letter to President Eisenhower oppos- 2007) malia could result in an even more dis- ing segregation. I stand honored by your trust, inspired by In high school, she went to Eastern your charge. I am grateful to the Governing astrous outcome with consequences Boards for their confidence, and I thank all that extend far beyond the porous bor- Europe one summer and spent week- of you for gathering in these festival rites. I ders of this besieged nation. We cannot ends volunteering in a program to help am indebted to my three predecessors, sit- afford to squander this chance for the poor. She was elected senior class ting behind me, for joining me today. But I progress towards peace. president and was so widely respected am grateful to them for much more—for all that they have given to Harvard and for f that the school’s new headmaster sought her advice about the school. what each of them has generously given to INAUGURAL ADDRESS OF DREW In her freshman year at Bryn Mawr me—advice, wisdom, support. I am touched GILPIN FAUST College, she was outraged when peace- by the greetings from staff, faculty, stu- dents, alumni, universities, from our honor- Mr. KENNEDY. Mr. President, it is a ful protesters against segregation in able Governor, and from the remarkable privilege to draw the attention of my Selma were brutally clubbed and John Hope Franklin, who has both lived and colleagues to the inauguration earlier gassed by the police—so she skipped written history. I am grateful to the commu- this month of Dr. Drew Gilpin Faust as her midterm exams to go there and nity leaders from Boston and Cambridge who the 28th president of Harvard Univer- join the protest. have come to welcome their new neighbor. I sity. At the University of Pennsylvania, am a little stunned to see almost every per- Unfortunately, because of my recent she dedicated much of her time and en- son I am related to on earth sitting in the front rows. And I would like to offer a spe- surgery, I was not able to attend the ergy to the cause of women in aca- cial greeting of my own to my teachers who ceremony, but I read with great inter- demic life. She chaired the university’s are here—teachers from grade school, high est the eloquent and inspring address Women’s Studies Program, and worked school, college and graduate school—who of Dr. Faust at that ceremony. skillfully to see that women candidates taught me to love learning and the institu- Dr. Faust, an historian of the Civil for the faculty were considered fully tions that nurture it. War and former dean of the Radcliffe and fairly. We gather for a celebration a bit different Institute, made history herself by be- Through it all, Dr. Faust won well- from our June traditions. Commencement is an annual rite of passage for thousands of coming the first woman to serve as deserved renown for her scholarship. graduates; today marks a rite of passage for president of this outstanding univer- She became one of the Nation’s pre- the University. As at Commencement, we sity. eminent historians of the South, bring- don robes that mark our ties to the most an- Others who spoke on this occasion in- ing new light to topics such as planta- cient traditions of scholarship. On this occa- cluded our Massachusetts Governor, tion agriculture and the life of south- sion, however, our procession includes not Deval Patrick, historian John Hope ern intellectuals. Her landmark 1996 just our Harvard community, but scholars— Franklin, University of Pennsylvania book, ‘‘Mothers of Invention,’’ made 220 of them—representing universities and president Amy Gutmann, where Dr. colleges from across the country and around her the first to demonstrate that the world. I welcome and thank our visitors, Faust spent much of her brilliant ca- women had a significant impact on the for their presence reminds us that what we reer, and author Tony Morrison. outcome of the Civil War. For that pio- do here today, and what we do at Harvard Present also were three of Dr. Faust’s neering study, she received the Francis every day, links us to universities and soci- distinguished predecessors, Derek Bok, Parkman Prize for the year’s best work eties around the globe. Neil Rudenstine, and Lawrence Sum- of history. NEW BEGINNINGS mers, as well as distinguished rep- For the past 7 years, Dr. Faust has Today we mark new beginnings by gath- resentatives of other major colleges been the ‘‘mother of invention’’ at the ering in solidarity; we celebrate our commu- and universities in the United States Radcliffe Institute, skillfully guiding nity and its creativity; we commit ourselves and throughout the world. Radcliffe’s transformation into one of to Harvard and all it represents in a new chapter of its distinguished history. Like a Last month, Senator DOLE, Congress- the Nation’s foremost research centers congregation at a wedding, you signify by man PETRI, Congressman FRANK, Con- for established and emerging scholars your presence a pledge of support for this gressman CAPUANO, and I had the privi- in all disciplines, and still maintaining marriage of a new president to a venerable lege of hosting a reception in the Sen- its special and long-standing role in institution. As our colleagues in anthro- ate’s Mansfield Room to honor and wel- the study of women, gender and soci- pology understand so well, rituals have come Dr. Faust. A number of our col- ety. meanings and purposes; they are intended to leagues attended as well, and we all As Dr. Faust has said, our shared en- arouse emotions and channel intentions. In look forward to working with Dr. terprise now, as people connected to ritual, as the poet Thomas Lynch has writ- ten, ‘‘We act out things we cannot put into Faust, especially on higher education Harvard, is to make the future of this words.’’ But now my task is in fact to put issues, in the years ahead. extraordinary university even more re- some of this ceremony into words, to capture Dr. Faust is obviously an excellent markable than its past. And with the our meanings and purposes. choice by Harvard. She grew up in the distinguished leadership of Dr. Faust, Inaugural speeches are a peculiar genre. Shenandoah Valley in Virginia, and at- there is no doubt it will be. They are by definition pronouncements by tended Concord Academy in Massachu- I still remember the old inscription individuals who don’t yet know what they setts. After earning her BA from Bryn on the Dexter Gate in Harvard Yard: are talking about. Or, we might more chari- Mawr College, she continued her edu- tably dub them expressions of hope ‘‘Enter to grow in wisdom. Depart to unchastened by the rod of experience. cation at the University of Pennsyl- serve better thy country and all man- A number of inaugural veterans—both ora- vania, where she earned her M.A. and kind.’’ I am sure President Faust will tors and auditors—have proffered advice, in- Ph.D. in American civilization and give new power to these words in our cluding unanimous agreement that my talk served on the faculty there for 26 years, day and generation. must be shorter than Charles William earning wide renown as a leading histo- I wish President Faust well as she as- Eliot’s—which ran to about an hour and a rian of the Civil War and the American sumes this extraordinary responsi- half. Often inaugural addresses contain South. In 2001 she became the first bility, and I believe all of us in Con- lists—of a new president’s specific goals or programs. But lists seem too constraining dean of the Radcliffe Institute for Ad- gress will be interested in her eloquent when I think of what today should mean; vanced Study at Harvard, and was ap- and inspiring address on the historic they seem a way of limiting rather than pointed as Harvard’s Abraham Lincoln occasion of her inauguration. It is an unleashing our most ambitious imaginings, Professor of History. auspicious new beginning for Harvard, our profoundest commitments.

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.027 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13620 CONGRESSIONAL RECORD — SENATE October 31, 2007 If this is a day to transcend the ordinary, In the past half century, American colleges graduate school admission statistics, scores if it is a rare moment when we gather not and universities have shared in a revolution, on standardized tests intended to assess the just as Harvard, but with a wider world of serving as both the emblem and the engine of ‘‘value added’’ of years in college, research scholarship, teaching and learning, it is a the expansion of citizenship, equality and op- dollars, numbers of faculty publications. But time to reflect on what Harvard and institu- portunity—to blacks, women, Jews, immi- such measures cannot themselves capture tions like it mean in this first decade of the grants, and others who would have been sub- the achievements, let alone the aspirations 21st century. jected to quotas or excluded altogether in an of universities. Many of these metrics are Yet as I considered how to talk about high- earlier era. My presence here today—and in- important to know, and they shed light on er education and the future, I found myself— deed that of many others on this platform— particular parts of our undertaking. But our historian that I am—returning to the past would have been unimaginable even a few purposes are far more ambitious and our ac- and, in particular, to a document I encoun- short years ago. Those who charge that uni- countability thus far more difficult to ex- tered in my first year of graduate school. My versities are unable to change should take plain. cousin Jack Gilpin, Class of ’73, read a sec- note of this transformation, of how different Let me venture a definition. The essence of tion of it at Memorial Church this morning. we are from universities even of the mid 20th a university is that it is uniquely account- As John Winthrop sat on board the ship century. And those who long for a lost gold- able to the past and to the future—not sim- Arabella in 1630, sailing across the Atlantic en age of higher education should think ply or even primarily to the present. A uni- to found the Massachusetts Bay Colony, he about the very limited population that al- versity is not about results in the next quar- wrote a charge to his band of settlers, a leged utopia actually served. College used to ter; it is not even about who a student has charter for their new beginnings. He offered be restricted to a tiny elite; now it serves become by graduation. It is about learning what he considered ‘‘a compass to steer the many, not just the few. The proportion of that molds a lifetime, learning that trans- by’’—a ‘‘model,’’ but not a set of explicit or- the college age population enrolled in higher mits the heritage of millennia; learning that ders. Winthrop instead sought to focus his education today is four times what it was in shapes the future. A university looks both followers on the broader significance of their 1950; twelve times what it was before the backwards and forwards in ways that must— project, on the spirit in which they should 1920s. Ours is a different and a far better that even ought to—conflict with a public’s undertake their shared work. I aim to offer world. immediate concerns or demands. Univer- such a ‘‘compass’’ today, one for us at Har- At institutions like Harvard and its peers, sities make commitments to the timeless, vard, and one that I hope will have meaning this revolution has been built on the notion and these investments have yields we cannot for all of us who care about higher edu- that access should be based, as Jefferson predict and often cannot measure. Univer- cation, for we are inevitably, as Winthrop urged, on talent, not circumstance. In the sities are stewards of living tradition—in urged his settlers to be, ‘‘knitt together in late 1960s, Harvard began sustained efforts to Widener and Houghton and our 88 other li- this work as one.’’ identify and attract outstanding minority braries, in the Fogg and the Peabody, in our AMERICAN HIGHER EDUCATION TODAY students; in the 1970s, it gradually removed departments of classics, of history and of lit- erature. We are uncomfortable with efforts American higher education in 2007 is in a quotas limiting women to a quarter of the to justify these endeavors by defining them state of paradox—at once celebrated and as- entering college class. Recently, Harvard has as instrumental, as measurably useful to sailed. A host of popular writings from the worked hard to send the message that the particular contemporary needs. Instead we 1980s on have charged universities with college welcomes families from across the pursue them in part ‘‘for their own sake,’’ teaching too little, costing too much, cod- economic spectrum. As a result we have seen because they define what has over centuries dling professors and neglecting students, em- in the past 3 years a 33 percent increase in made us human, not because they can en- bracing an ‘‘illiberalism’’ that has silenced students from families with incomes under open debate. A PBS special in 2005 described hance our global competitiveness. $60,000. Harvard’s dorms and Houses are the We pursue them because they offer us as a ‘‘sea of mediocrity’’ that ‘‘places this na- most diverse environments in which many of tion at risk.’’ A report issued by the U.S. De- individuals and as societies a depth and our students will ever live. breadth of vision we cannot find in the inevi- partment of Education last year warned of Yet issues of access and cost persist—for the ‘‘obsolescence’’ of higher education as we tably myopic present. We pursue them too middle-class families who suffer terrifying because just as we need food and shelter to know it and called for federal intervention in sticker shock, and for graduate and profes- service of the national interest. survive, just as we need jobs and seek edu- sional students who may incur enormous cation to better our lot, so too we as human Yet universities like Harvard and its peers, debt as they pursue service careers in fields those represented by so many of you here beings search for meaning. We strive to un- where salaries are modest. As graduate derstand who we are, where we came from, today, are beloved by alumni who donate bil- training comes to seem almost as indispen- lions of dollars each year, are sought after where we are going and why. For many peo- sable as the baccalaureate degree for mobil- ple, the four years of undergraduate life offer by students who struggle to win admission, ity and success, the cost of these programs and, in fact, are deeply revered by the Amer- the only interlude permitted for unfettered takes on even greater importance. ican public. In a recent survey, 93 percent of exploration of such fundamental questions. The desirability and the perceived neces- But the search for meaning is a never-ending respondents considered our universities ‘‘one sity of higher education have intensified the of [the country’s] most valuable resources.’’ quest that is always interpreting, always in- fears of many. Will I get in? Will I be able to Abroad, our universities are admired and terrupting and redefining the status quo, al- pay? This anxiety expresses itself in both emulated; they are arguably the American ways looking, never content with what is deep-seated resentment and nearly unrealiz- institution most respected by the rest of the found. An answer simply yields the next able expectations. Higher education cannot world. question. This is in fact true of all learning, How do we explain these contradictions? Is alone guarantee the mobility and equality at of the natural and social sciences as well as American higher education in crisis, and if the heart of the American Dream. But we the humanities, and thus of the very core of so, what kind? What should we as its leaders must fully embrace our obligation to be what universities are about. and representatives be doing about it? This available and affordable. We must make sure By their nature, universities nurture a cul- ambivalence, this curious love-hate relation- that talented students are able to come to ture of restlessness and even unruliness. This ship, derives in no small part from our al- Harvard, that they know they are able to lies at the heart of their accountability to most unbounded expectations of our colleges come, and that they know we want them the future. Education, research, teaching are and universities, expectations that are at here. We need to make sure that cost does always about change—transforming individ- once intensely felt and poorly understood. not divert students from pursuing their pas- uals as they learn, transforming the world as sions and their dreams. our inquiries alter our understanding of it, THE POWER OF EDUCATION But American anxiety about higher edu- transforming societies as we see our knowl- From the time of its founding, the United cation is about more than just cost. The edge translated into policies—policies like States has tied its national identity to the deeper problem is a widespread lack of un- those being developed at Harvard to prevent power of education. We have long turned to derstanding and agreement about what uni- unfair lending practices, or to increase af- education to prepare our citizens for the po- versities ought to do and be. Universities are fordable housing or avert nuclear prolifera- litical equality fundamental to our national curious institutions with varied purposes tion—or translated into therapies, like those self-definition. In 1779, for example, Thomas that they have neither clearly articulated our researchers have designed to treat Jefferson called for a national aristocracy of nor adequately justified. Resulting public talent, chosen ‘‘without regard to wealth, macular degeneration or to combat anthrax. confusion, at a time when higher education birth, or other accidental condition of cir- The expansion of knowledge means change. has come to seem an indispensable social re- cumstance’’ and ‘‘rendered by liberal edu- But change is often uncomfortable, for it al- source, has produced a torrent of demands cation . . . able to guard the sacred deposit ways encompasses loss as well as gain, dis- for greater ‘‘accountability’’ from colleges of rights and liberties of their fellow-citi- orientation as well as discovery. It has, as and universities. zens.’’ As our economy has become more Machiavelli once wrote, no constituency. Yet complex, more tied to specialized knowledge, UNIVERSITIES ARE ACCOUNTABLE TO THE PAST, in facing the future, universities must em- education has become more crucial to social PRESENT, AND FUTURE brace the unsettling change that is funda- and economic mobility. W.E.B. DuBois ob- Universities are indeed accountable. But mental to every advance in understanding. served in 1903 that ‘‘Education and work are we in higher education need to seize the ini- OUR OBLIGATION TO THE FUTURE the levers to lift up a people.’’ Education tiative in defining what we are accountable We live in the midst of scientific develop- makes the promise of America possible. for. We are asked to report graduation rates, ments as dramatic as those of any era since

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.021 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13621 the 17th century. Our obligation to the fu- sible not just to and for this university, Har- in your grief and offer our love and ture demands that we take our place at the vard, in this moment, 2007, but to the very support. forefront of these transformations. We must concept of the university as it has evolved Not only do we mourn the loss of organize ourselves in ways that enable us over nearly a millennium. sons and daughters, but we mourn the fully to engage in such exploration, as we It is not easy to convince a nation or a have begun to do by creating the Broad In- world to respect, much less support, institu- loss of future leaders and scholars, stitute, by founding cross-school depart- tions committed to challenging society’s peacemakers and trailblazers, parents ments, by launching a School of Engineering fundamental assumptions. But it is our obli- and friends. The world was vastly open and Applied Sciences. We must overcome gation to make that case: both to explain to these young men and women. I ask barriers both within and beyond Harvard our purposes and achieve them so well that others to find the courage and resolve that could slow or constrain such work, and these precious institutions survive and pros- to fulfill their suspended hopes and we must provide the resources and the facili- per in this new century. Harvard cannot do dreams, ensuring that futures over- this alone. But all of us know that Harvard ties—like the new science buildings in both come flames and aspirations prevail Cambridge and Allston—to support it. Our has a special role. That is why we are here; obligation to the future makes additional de- that is why it means so much to us. over ashes. mands. Universities are, uniquely, a place of Last week I was given a brown manila en- Though it is grief that connects us philosophers as well as scientists. It is ur- velope that had been entrusted to the Uni- now, let it be the spirit of their lives gent that we pose the questions of ethics and versity Archives in 1951 by James B. Conant, that forever bonds our community. We meaning that will enable us to confront the Harvard’s 23rd president. He left instructions should honor these students by taking human, the social and the moral significance that it should be opened by the Harvard up the load they left for us to carry and president at the outset of the next century of our changing relationship with the nat- seeing their earthly aspirations ural world. ‘‘and not before.’’ I broke the seal on the Accountability to the future requires that mysterious package to find a remarkable let- through to their full fruition. we leap geographic as well as intellectual ter from my predecessor. It was addressed to f ‘‘My dear Sir.’’ Conant wrote with a sense of boundaries. Just as we live in a time of nar- XV PAN AMERICAN GAMES rowing distances between fields and dis- imminent danger. He feared an impending ciplines, so we inhabit an increasingly World War III that would make ‘‘the destruc- Mr. DODD. Mr. President, it is with transnational world in which knowledge tion of our cities including Cambridge quite great pride that I join all of Con- itself is the most powerful connector. Our possible.’’ ‘‘We all wonder,’’ he continued, necticut in extending congratulations lives here in Cambridge and Boston cannot ‘‘how the free world is going to get through to the many young athletes who com- the next fifty years.’’ be separated from the future of the rest of peted in the 15th Pan American Games, the earth: we share the same changing cli- HARVARD’S FUTURE mate; we contract and spread the same dis- in Rio de Janeiro, Brazil. For over half But as he imagined Harvard’s future, a century, these games have brought eases; we participate in the same economy. Conant shifted from foreboding to faith. If We must recognize our accountability to the the ‘‘prophets of doom’’ proved wrong, if together athletes from across the West- wider world, for, as John Winthrop warned in there was a Harvard president alive to read ern Hemisphere. This year 5,648 ath- 1630, ‘‘we must consider that we shall be as a his letter, Conant was confident about what letes from 49 countries came together city upon a hill. The eyes of all people are the university would be. ‘‘You will receive in Rio to compete in 38 sports. upon us.’’ this note and be in charge of a more pros- The Pan American games, similar to HARVARD AS A SOURCE AND SYMBOL perous and significant institution than the the Olympics, provide us another valu- Harvard is both a source and a symbol of one over which I have the honor to preside able opportunity to enjoy international the ever expanding knowledge upon which . . . That . . . [Harvard] will maintain the athletic competition undertaken for the future of the earth depends, and we must traditions of academic freedom, of tolerance for heresy, I feel sure.’’ We must dedicate pride and the love of the sport. By par- take an active and reflective role in this new ticipating in the 15th Pan American geography of learning. Higher education is ourselves to making certain he continues to burgeoning around the globe in forms that be right; we must share and sustain his faith. Games, these young Americans have are at once like and unlike our own. Amer- Conant’s letter, like our gathering here, had an opportunity that few of their ican universities are widely emulated, but marks a dramatic intersection of the past fellow Americans ever will—to join in our imitators often display limited apprecia- with the future. This is a ceremony in which competition with other young people tion for the principles of free inquiry and the I pledge—with keys and seal and charter— from North, Central, and South Amer- culture of creative unruliness that defines my accountability to the traditions that his voice from the past invokes. And at the same ica. us. I would like to commend the 14 ath- The ‘‘Veritas’’ in Harvard’s shield was time, I affirm, in compact with all of you, originally intended to invoke the absolutes my accountability to and for Harvard’s fu- letes from Connecticut who competed of divine revelation, the unassailable verities ture. As in Conant’s day, we face uncertain- in the games: John Ball, Andrew of Puritan religion. We understand it quite ties in a world that gives us sound reason for Bolton, Eliza Cleveland, Reilley differently now. Truth is an aspiration, not a disquiet. But we too maintain an unwavering Dampeer, Robert Merrick, Alyssa possession. Yet in this we—and all univer- belief in the purposes and potential of this Naeher, Todd Paul, Cara Raether, Geof- sities defined by the spirit of debate and free university and in all it can do to shape how frey Rathgeber, Sarah Trowbridge, inquiry—challenge and even threaten those the world will look another half century from now. Let us embrace those responsibil- Karen Scavotto, Cameron Winklevoss, who would embrace unquestioned cer- Tyler Winklevoss, Bartosz Wolski. It is tainties. We must commit ourselves to the ities and possibilities; let us share them uncomfortable position of doubt, to the hu- ‘‘knitt together . . . as one;’’ let us take up with great pleasure and pride that I mility of always believing there is more to the work joyfully, for such an assignment is offer further congratulations to the know, more to teach, more to understand. a privilege beyond measure. Connecticut athletes who brought The kinds of accountability I have de- f home three gold and five silver medals scribed represent at once a privilege and a and one bronze medal. Without a responsibility. We are able to live at Harvard LOSS OF SOUTH CAROLINA STUDENTS doubt, the nine medals won by Con- in a world of intellectual freedom, of inspir- necticut’s athletes contributed to ing tradition, of extraordinary resources, be- Mr. GRAHAM. Mr. President, as we America’s overall victory at the 15th cause we are part of that curious and vener- are confronted by the deep sadness of able organization known as a university. We Pan American Games. It is my hope this tragic loss, may we never lose that these kinds of events will further need better to comprehend and advance its sight of the life, vitality, and youth purposes—not simply to explain ourselves to unite our hemisphere. that was suddenly taken from us on an often critical public, but to hold ourselves f to our own account. We must act not just as October 27, 2007, in Ocean Isle, NC. students and staff, historians and computer Today and in the difficult days to ADDITIONAL STATEMENTS scientists, lawyers and physicians, linguists come, we offer our sincerest condo- and sociologists, but as citizens of the uni- lences to the family and friends of versity, with obligations to this common- these seven young men and women. CELEBRATING THE CENTENNIAL wealth of the mind. We must regard our- The University of South Carolina, OF THE WAILUKU COURTHOUSE selves as accountable to one another, for we Clemson University, and the State of ∑ Mr. AKAKA. Mr. President, this constitute the institution that in turn de- fines our possibilities. Accountability to the South Carolina feel the immeasurable month, the county of Maui celebrated future encompasses special accountability to pain of losing seven of our most pre- the centennial anniversary of the his- our students, for they are our most impor- cious sons and daughters, and as the toric Wailuku Courthouse. Built in tant purpose and legacy. And we are respon- family South Carolinians are, we share 1907, the Wailuku Courthouse served as

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.023 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13622 CONGRESSIONAL RECORD — SENATE October 31, 2007 the center of the judicial system on In 1997, General Burchstead was ap- This pioneering company makes ex- Maui for more than 80 years. Today, it pointed to serve as the Deputy Adju- traordinarily resilient products for ex- is home to Maui County’s Department tant General of South Carolina. In this treme environments. Flotation Tech- of the Prosecuting Attorney. capacity, he was critical in advising nologies’ buoys are lowered miles The Hawaiian Organic Act, passed by the Adjutant General’s oversight of the below the ocean surface, where they Congress in 1900, created a system of South Carolina Army and Air National face up to 10,000 pounds of pressure per governance for the new Territory of Guard. For six years, General square inch, equivalent to the weight Hawaii. County governments were es- Burchstead’s strategic and diligent of a truck. They are as dense as oak, tablished along with a territorial court counsel was integral to the effective yet still relatively lightweight, and the system. The town of Wailuku was se- military operations of our state’s full- buoys can survive under the frigid lected as the seat of Maui’s county gov- time servicemen and women. polar ice in the Arctic and under the ernment, making it the logical place to As a distinguished leader, General searing heat in West Africa. These construct a new courthouse and other Burchstead was selected to command high-quality products were even relied public buildings. the 263rd Army Air and Missile Defense upon to help shoot the 1997 Oscar-win- The contract to build the Wailuku Command in 2003. In his role as Com- ning blockbuster movie ‘‘Titanic.’’ Courthouse, at the cost of $23,312.40, mander, General Burchstead led Joint Flotation Technologies began as a was awarded to Angus P. McDonald in Task Force Cobra in its execution of small family enterprise, primarily September 1907. Construction began the Juniper-Cobra Missile Defense Ex- serving scientists engaged in oceano- the next month and was completed a ercise in Israel. Additionally, General graphic and earthquake research. In year later. In 1909, the Honorable Judge Burchstead was successful in com- 2002, as energy prices rose sharply, in- Aluwae Noa Kepoikai became the first manding the Joint Project Optical terest in offshore exploration grew rap- judge to preside over cases presented in Windmill Air and Missile Defense Exer- idly. Flotation Technologies’ buoyancy the new Wailuku Courthouse. cise in Europe, as well as the U.S.-Rus- products are crucial to support the As Hawaii and the county of Maui sian Federation Missile Defense Exer- miles of flexible piping needed to ex- grew, so did the demand for legal serv- cise at Fort Bliss, Texas. tract resources from the ocean floor. In ices and the needs of the judiciary. In A dedicated patriot, General the last few years, the company has be- 1988, the State judicial system on Maui Burchstead formally retired from the come a major supplier of these prod- moved into a new building, and in 1991, South Carolina Army National Guard ucts, and most recently, Flotation plans were made to gut the courthouse. on September 30th, 2007. Over his thir- Technologies won a $4.1 million con- However, the county of Maui inter- ty-five years of service General tract to build buoyancy modules for vened and took control of the court- Burchstead has amassed numerous Frontier Drilling, a Houston oil com- house by way of a land swap with the awards and decorations including the pany. State, saving the historic building and Legion of Merit, the Bronze Star Medal Expansion into this business has been its interior. A $1.8 million restoration with two oak leaf clusters, the Purple a rewarding endeavor, and Flotation followed, and in 1993, Maui’s Depart- Heart, the U.S. Meritorious Service Technologies is setting its sights on ment of the Prosecuting Attorney Medal and the Army Commendation further growth. The firm currently em- moved into the newly renovated court- Medal. His military career will be for- ploys 42 people in Maine, and they ex- house. ever marked by his selfless devotion pect to add at least 10 more employees The historic courthouse has served and sacrifice to both our country and by the end of the year. Revenues are the people of Maui for 100 years. The the State of South Carolina. I wish expected to hit $10.5 million this year, and management is aiming for $30 mil- fact that it remains as both a working General Burchstead the very best in his lion in sales within 3 years. Flotation government building and as an archi- retirement and ask that the United Technologies recently worked with the tectural treasure of Hawaii’s past is States Senate join me in thanking him Maine MEP to develop a strategic busi- the result of the efforts of the many for his lifelong career of service.∑ ness plan that dramatically improved people who are to be commended and f honored as we celebrate the centennial the efficiency of its operations. The Maine MEP is part of a nationwide net- of the Wailuku Courthouse.∑ CONGRATULATING FLOTATION TECHNOLOGIES work of technical, manufacturing, and f ∑ Ms. SNOWE. Mr. President, I wish to business specialists linked together RECOGNIZING MAJOR GENERAL congratulate Flotation Technologies, through the U.S. Department of Com- HARRY B. BURCHSTEAD, JR. an extraordinary global leader in the merce. By implementing the Maine ∑ Mr. GRAHAM. Mr. President, today I design and production of deepwater MEP’s streamlining techniques, the ask the Senate to join me in recog- buoyancy products from my home company was able to double sales for nizing Major General Harry B. State of Maine. Flotation Technologies 2006. Despite such impressive growth, Flo- Burchstead, Jr. on the occasion of his of Biddeford recently received the Man- tation Technologies has remained in retirement from the South Carolina ufacturing Excellence Award from the the hands of a tightly-knit group of Army National Guard. Since entering Maine Manufacturing Extension Part- family members. Tim Cook, the cur- the United States Army as a commis- nership, MEP, for ‘‘superior manufac- rent president, is the son of the com- sioned officer through the ROTC pro- turing practices’’ that have success- pany’s founder, David Cook. As Tim gram at Clemson University, General fully propelled the firm into the inter- notes, his family has ‘‘put it all on the Burchstead has remained a dedicated national market. line’’ for this venture for nearly 30 serviceman for his entire career. Imme- Flotation Technologies creates and years. I congratulate Tim and his fam- diately after his graduation from manufactures syntactic foam buoyancy ily on their success and wish them well Clemson, General Burchstead loyally and polyurethane elastomer products in the years to come. Their dedicated answered his call of duty and deployed for the offshore, oceanographic, and entrepreneurial spirit is very much a for combat service in the Vietnam War. seismic industries, as well as for the part of what makes our Nation great, After leaving active duty in 1971, U.S. military. Founded in 1979, the en- and I am proud to have them in my General Burchstead went on to pursue terprise has been manufacturing syn- home State of Maine.∑ his law degree at the University of tactic foam longer than any other com- South Carolina. While in law school, pany in business today. This year, to f General Burchstead continued his mili- meet the company’s rapid expansion, MEASURES PLACED ON THE tary service by joining the South Caro- Flotation Technologies relocated to a CALENDAR lina Army National Guard in 1972. For 45,000-square-foot facility in the Bidde- The following bills were read the sec- the next thirty-five years, General ford Industrial Park. The new facility ond time, and placed on the calendar: Burchstead proudly served the State of will allow Flotation Technologies to H.R. 2295. An act to amend the Public South Carolina as a traditional citizen install state-of-the-art automated pro- Health Service Act to provide for the estab- soldier through many levels of military duction equipment that will triple pro- lishment of an Amyotrophic Lateral Scle- service. duction capacity. rosis Registry.

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.028 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13623 S. 2264. A bill to amend the Internal Rev- EC–3803. A communication from the Asso- statement relative to several levee projects; enue Code of 1986 to extend for 2 years the ciate Director, Office of Foreign Assets Con- to the Committee on Environment and Pub- tax-free distributions from individual retire- trol, Department of the Treasury, transmit- lic Works. ment plans for charitable purposes. ting, pursuant to law, the report of a rule en- EC–3814. A communication from the Assist- ant Secretary, Office of Legislative Affairs, f titled ‘‘Final Rule Amending the Sudanese Sanctions Regulations to Implement Execu- Department of State, transmitting, pursuant EXECUTIVE AND OTHER tive Order 13412’’ (31 CFR Part 538) received to law, the report of a rule entitled ‘‘Hague COMMUNICATIONS on October 26, 2007; to the Committee on Convention on Intercountry Adoption; Inter- country Adoption Act of 2000; Consular Of- The following communications were Banking, Housing, and Urban Affairs. EC–3804. A communication from the Chief fice Procedures in Convention Cases’’ laid before the Senate, together with Counsel, Federal Emergency Management (RIN1400–AC40) received on October 26, 2007; accompanying papers, reports, and doc- Agency, Department of Homeland Security, to the Committee on Foreign Relations. uments, and were referred as indicated: transmitting, pursuant to law, the report of EC–3815. A communication from the Dep- EC–3794. A communication from the Con- a rule entitled ‘‘Final Flood Elevation Deter- uty Assistant Secretary, Office of Legisla- gressional Review Coordinator, Animal and minations’’ (72 FR 57245) received on October tive Affairs, Department of State, transmit- Plant Health Inspection Service, Department 26, 2007; to the Committee on Banking, Hous- ting, pursuant to law, an erratum notice rel- of Agriculture, transmitting, pursuant to ing, and Urban Affairs. ative to a report on the employment of an law, the report of a rule entitled ‘‘Oriental EC–3805. A communication from the Chief adequate number of Americans during 2006 Fruit Fly; Addition and Removal of Quar- Counsel, Federal Emergency Management by the United Nations; to the Committee on antined Areas in California’’ (Docket No. Agency, Department of Homeland Security, Foreign Relations. APHIS–2006–0151) received on October 26, transmitting, pursuant to law, the report of EC–3816. A communication from the Assist- ant Secretary, Office of Legislative Affairs, 2007; to the Committee on Agriculture, Nu- a rule entitled ‘‘Changes in Flood Elevation Department of State, transmitting, pursuant trition, and Forestry. Determinations’’ (72 FR 57241) received on EC–3795. A communication from the Ad- October 26, 2007; to the Committee on Bank- to law, a report relative to the Government ministrator, Risk Management Agency, De- ing, Housing, and Urban Affairs. of Cuba’s compliance with several agree- partment of Agriculture, transmitting, pur- EC–3806. A communication from the Chair- ments made between it and the United suant to law, the report of a rule entitled man and President, Export-Import Bank of States; to the Committee on Foreign Rela- ‘‘Common Crop Insurance Regulations; Fresh the United States, transmitting, pursuant to tions. EC–3817. A communication from the Assist- Market Sweet Corn Crop Insurance Provi- law, a report relative to a transaction in- ant Legal Adviser for Treaty Affairs, Depart- sions’’ (RIN0563–AC02) received on October volving the export of thirty Boeing 737– ment of State, transmitting, pursuant to the 900ER passenger aircraft to Indonesia; to the 26, 2007; to the Committee on Agriculture, Case-Zablocki Act, 1 U.S.C. 112b, as amended, Committee on Banking, Housing, and Urban Nutrition, and Forestry. the report of the texts and background state- EC–3796. A communication from the Direc- Affairs. ments of international agreements, other tor of Defense Research and Engineering, De- EC–3807. A communication from the Chief than treaties (List 2007–213–2007–220); to the partment of Defense, transmitting, pursuant Counsel, Federal Emergency Management Committee on Foreign Relations. to law, notification of the Department’s in- Agency, Department of Homeland Security, EC–3818. A communication from the Assist- tent to fund Foreign Comparative Testing transmitting, pursuant to law, the report of ant Secretary, Employee Benefits Security projects during fiscal year 2008; to the Com- a rule entitled ‘‘Suspension of Community Administration, Department of Labor, trans- mittee on Armed Services. Eligibility’’ (72 FR 58020) received on October mitting, pursuant to law, the report of a rule EC–3797. A communication from the Under 26, 2007; to the Committee on Banking, Hous- entitled ‘‘Default Investment Alternatives Secretary for Industry and Security, Depart- ing, and Urban Affairs. under Participant Directed Individual Ac- ment of Commerce, transmitting, pursuant EC–3808. A communication from the Assist- count Plans’’ (RIN1210–AB10) received on Oc- to law, a report relative to the Department’s ant Administrator for Fisheries, National tober 25, 2007; to the Committee on Health, intent to impose new foreign policy-based Oceanic and Atmospheric Administration, Education, Labor, and Pensions. export controls on certain persons in Burma; Department of Commerce, transmitting, pur- EC–3819. A communication from the Chief to the Committee on Banking, Housing, and suant to law, a biennial report relative to Counsel, Federal Emergency Management Urban Affairs. the use of federal assistance provided to the Agency, Department of Homeland Security, EC–3798. A communication from the Asso- states and Interstate Marine Fisheries Com- transmitting, pursuant to law, the report of ciate Director, Office of Foreign Assets Con- missions; to the Committee on Commerce, a rule entitled ‘‘Management Costs, Interim trol, Department of the Treasury, transmit- Science, and Transportation. Final Rule’’ ((RIN1660–AA21)(FEMA–2006– ting, pursuant to law, the report of a rule en- EC–3809. A communication from the Acting 0035)) received on October 25, 2007; to the titled ‘‘Global Terrorism Sanctions Regula- General Counsel, Consumer Product Safety Committee on Homeland Security and Gov- tions; Terrorism Sanctions Regulations; For- Commission, transmitting, pursuant to law, ernmental Affairs. eign Terrorist Organizations Sanctions Reg- the report of a rule entitled ‘‘Safety Stand- EC–3820. A communication from the Chair- ulations’’ (31 CFR Parts 594, 595, and 597) re- ard for Automatic Residential Garage Door man, Council of the District of Columbia, ceived on October 25, 2007; to the Committee Operators’’ (RIN3041–AC42) received on Octo- transmitting, pursuant to law, a report on on Banking, Housing, and Urban Affairs. ber 25, 2007; to the Committee on Commerce, D.C. Act 17–133, ‘‘Bank Charter Moderniza- EC–3799. A communication from the Chair- Science, and Transportation. tion Amendment Act of 2007’’ received on Oc- man, Board of Governors, Federal Reserve EC–3810. A communication from the Attor- tober 26, 2007; to the Committee on Home- System, transmitting, pursuant to law, a re- ney, Office of Assistant General Counsel for land Security and Governmental Affairs. port relative to credit availability for small Legislation and Regulatory Law, Depart- EC–3821. A communication from the Chair- businesses; to the Committee on Banking, ment of Energy, transmitting, pursuant to man, Council of the District of Columbia, Housing, and Urban Affairs. law, the report of a rule entitled ‘‘Energy transmitting, pursuant to law, a report on EC–3800. A communication from the Prin- Conservation Program for Commercial D.C. Act 17–132, ‘‘Child’s Right to Nurse cipal Deputy Assistant Attorney General, Of- Equipment: Distribution Transformers En- Human Rights Amendment Act of 2007’’ re- fice of Legislative Affairs, Department of ergy Conservation Standards’’ (RIN1904– ceived on October 26, 2007; to the Committee Justice, transmitting, pursuant to law, a re- AB08) received on October 26, 2007; to the on Homeland Security and Governmental Af- port relative to the Department’s view on Committee on Energy and Natural Re- fairs. the Sudan Accountability and Divestment sources. EC–3822. A communication from the Chair- Act; to the Committee on Banking, Housing, EC–3811. A communication from the Sec- man, Council of the District of Columbia, and Urban Affairs. retary of Energy, transmitting, pursuant to transmitting, pursuant to law, a report on EC–3801. A communication from the Gen- law, a report entitled, ‘‘The Potential Bene- D.C. Act 17–131, ‘‘Homestead Housing Preser- eral Counsel, National Credit Union Admin- fits of Distributed Generation and the Rate- vation Amendment Act of 2007’’ received on istration, transmitting, pursuant to law, the Related Issues that May Impede its Expan- October 26, 2007; to the Committee on Home- report of a rule entitled ‘‘Member Inspection sion’’; to the Committee on Energy and Nat- land Security and Governmental Affairs. of Credit Union Books, Records, and Min- ural Resources. EC–3823. A communication from the Chair- utes’’ (RIN3133–AD33) received on October 29, EC–3812. A communication from the Chief man, Council of the District of Columbia, 2007; to the Committee on Banking, Housing, of the Publications and Regulations Branch, transmitting, pursuant to law, a report on and Urban Affairs. Internal Revenue Service, Department of the D.C. Act 17–164, ‘‘District of Columbia Free EC–3802. A communication from the Gen- Treasury, transmitting, pursuant to law, the Clinic Captive Insurance Company Establish- eral Counsel, National Credit Union Admin- report of a rule entitled ‘‘Annual Pension ment Temporary Act of 2007’’ received on Oc- istration, transmitting, pursuant to law, the Plan, etc., Cost-of-Living Adjustments for tober 26, 2007; to the Committee on Home- report of a rule entitled ‘‘Share Insurance 2008’’ (Notice 2007–87) received on October 25, land Security and Governmental Affairs. Appeals; Clarification of Enforcement Au- 2007; to the Committee on Finance. EC–3824. A communication from the Chair- thority of NCUA Board’’ (12 CFR Parts 745 EC–3813. A communication from the Assist- man, Council of the District of Columbia, and 747) received on October 29, 2007; to the ant Secretary of the Army (Civil Works), transmitting, pursuant to law, a report on Committee on Banking, Housing, and Urban transmitting, pursuant to law, an interim D.C. Act 17–165, ‘‘Energy Efficiency Stand- Affairs. feasibility report and environmental impact ards Act of 2007’’ received on October 26, 2007;

VerDate Aug 31 2005 00:32 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.012 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13624 CONGRESSIONAL RECORD — SENATE October 31, 2007 to the Committee on Homeland Security and By Mr. BIDEN for the Committee on For- children’s products and child care articles Governmental Affairs. eign Relations. that contain phthalates, and for other pur- EC–3825. A communication from the Chair- *Daniel D. Heath, of New Hampshire, to be poses; to the Committee on Commerce, man, Council of the District of Columbia, United States Alternate Executive Director Science, and Transportation. transmitting, pursuant to law, a report on of the International Monetary Fund for a By Mr. DODD (for himself, Mr. D.C. Act 17–163, ‘‘Closing of a Public Alley in term of two years. VOINOVICH, and Mr. WARNER): Square 452, S.O. 06–1034 Act of 2007’’ received *Sean R. Mulvaney, of Illinois, to be an As- S. 2276. A bill to enhance United States on October 26, 2007; to the Committee on sistant Administrator of the United States competitiveness in aeronautics, and for Homeland Security and Governmental Af- Agency for International Development. other purposes; to the Committee on Com- fairs. *Patrick Francis Kennedy, of Illinois, a Ca- merce, Science, and Transportation. EC–3826. A communication from the Chair- reer Member of the Senior Foreign Service, By Mr. SMITH (for himself, Mr. KOHL, man, Council of the District of Columbia, Class of Career Minister, to be an Under Sec- and Mrs. FEINSTEIN): transmitting, pursuant to law, a report on retary of State (Management). S. 2277. A bill to amend the Internal Rev- D.C. Act 17–162, ‘‘Quality Teacher Incentive *Nomination was reported with recommendation enue Code of 1986 to increase the limitation Clarification Act of 2007’’ received on Octo- that it be confirmed subject to the nominee’s com- on the issuance of qualified veterans’ mort- ber 26, 2007; to the Committee on Homeland mitment to respond to requests to appear and tes- gage bonds for Alaska, Oregon, and Wis- tify before any duly constituted committee of the Security and Governmental Affairs. Senate. consin and to modify the definition of quali- EC–3827. A communication from the Chair- fied veteran; to the Committee on Finance. man, Council of the District of Columbia, f By Mr. DURBIN (for himself, Mr. transmitting, pursuant to law, a report on INTRODUCTION OF BILLS AND OBAMA, and Mr. SCHUMER): D.C. Act 17–134, ‘‘Closing of a Portion of 8th JOINT RESOLUTIONS S. 2278. A bill to improve the prevention, Street, S.E., and the Public Alley in Squares detection, and treatment of community and 5956 and W–5956, S.O. 05–4555, Act of 2007’’ re- The following bills and joint resolu- healthcare-associated infections (CHAI), ceived on October 26, 2007; to the Committee tions were introduced, read the first with a focus on antibiotic-resistant bacteria; on Homeland Security and Governmental Af- and second times by unanimous con- to the Committee on Health, Education, fairs. sent, and referred as indicated: Labor, and Pensions. EC–3828. A communication from the Direc- By Ms. KLOBUCHAR (for herself and By Mr. BIDEN (for himself and Mr. tor of Legislative Affairs, Office of the Direc- LUGAR): Ms. MIKULSKI): tor of National Intelligence, transmitting, S. 2267. A bill to amend the Internal Rev- S. 2279. A bill to combat international vio- pursuant to law, the report of action on a enue Code of 1986 to provide an income tax lence against women and girls; to the Com- nomination for the position of Principal Dep- credit for eldercare expenses; to the Com- mittee on Foreign Relations. uty Director of National Intelligence, re- mittee on Finance. f ceived on October 25, 2007; to the Select Com- By Ms. KLOBUCHAR (for herself and mittee on Intelligence. SUBMISSION OF CONCURRENT AND Ms. MIKULSKI): EC–3829. A communication from the White S. 2268. A bill to require issuers of long SENATE RESOLUTIONS House Liaison, Office of Justice Programs, term care insurance to establish third party The following concurrent resolutions Department of Justice, transmitting, pursu- review processes for disputed claims; to the ant to law, the report of a vacancy and des- and Senate resolutions were read, and Committee on Health, Education, Labor, and referred (or acted upon), as indicated: ignation of an acting officer for the position Pensions. of Assistant Attorney General, received on By Mr. JOHNSON (for himself and Mr. By Mr. McCONNELL (for himself, Mr. October 25, 2007; to the Committee on the Ju- THUNE): REID, and Mr. BENNETT): diciary. S. 2269. A bill to reauthorize the Mni S. Res. 361. A resolution to permit the col- EC–3830. A communication from the Ad- Wiconi Rural Water Supply Project; to the lection of donations in Senate buildings to ministrator, Small Business Administration, Committee on Energy and Natural Re- be sent to United States military personnel transmitting, pursuant to law, a report rel- sources. on active duty overseas participating in or in ative to the Administration’s Strategic Plan By Ms. STABENOW (for herself and support of Operation Iraqi Freedom, Oper- for fiscal years 2008 to 2013; to the Com- Mr. COCHRAN): ation Enduring Freedom, and the war on ter- mittee on Small Business and Entrepreneur- S. 2270. A bill to include health centers in rorism; considered and agreed to. ship. the list of entities eligible for mortgage in- By Mr. HARKIN (for himself and Mr. EC–3831. A communication from the Assist- surance under the National Housing Act; to CHAMBLISS): ant Secretary for Administration and Man- the Committee on Banking, Housing, and S. Res. 362. A resolution recognizing 2007 as agement, Office of the Chief Financial Offi- Urban Affairs. the year of the 100th Anniversary of the cer, Department of Labor, transmitting, pur- By Mr. DODD: American Society of Agronomy; considered suant to law, the report of a nomination for S. 2271. An original bill to authorize State and agreed to. the position of Chief Financial Officer, re- and local governments to divest assets in f ceived on October 25, 2007; to the Committee companies that conduct business operations on Health, Education, Labor, and Pensions. in Sudan, to prohibit United States Govern- ADDITIONAL COSPONSORS EC–3832. A communication from the Assist- ment contracts with such companies, and for S. 367 ant Secretary for Administration and Man- other purposes; from the Committee on At the request of Mr. DORGAN, the agement, Bureau of Labor Statistics, Depart- Banking, Housing, and Urban Affairs; placed ment of Labor, transmitting, pursuant to on the calendar. name of the Senator from Iowa (Mr. law, the report of a nomination and designa- By Mr. VITTER: HARKIN) was added as a cosponsor of S. tion of an acting officer for the position of S. 2272. A bill to designate the facility of 367, a bill to amend the Tariff Act of Commissioner of Labor Statistics, received the United States Postal Service known as 1930 to prohibit the import, export, and on October 25, 2007; to the Committee on the Southpark Station in Alexandria, Lou- sale of goods made with sweatshop Health, Education, Labor, and Pensions. isiana, as the John ‘‘Marty’’ Thiels labor, and for other purposes. f Southpark Station, in honor and memory of S. 450 REPORTS OF COMMITTEES Thiels, a Louisiana postal worker who was killed in the line of duty on October 4, 2007; At the request of Ms. STABENOW, her The following reports of committees to the Committee on Homeland Security and name was added as a cosponsor of S. were submitted: Governmental Affairs. 450, a bill to amend title XVIII of the By Mr. DODD, from the Committee on By Mr. AKAKA (by request): Social Security Act to repeal the medi- Banking, Housing, and Urban Affairs, with- S. 2273. A bill to enhance the functioning care outpatient rehabilitation therapy out amendment: and integration of formerly homeless vet- caps. erans who reside in permanent housing, and S. 2271. An original bill to authorize State At the request of Mr. ENSIGN, the for other purposes; to the Committee on Vet- and local governments to divest assets in name of the Senator from New York companies that conduct business operations erans’ Affairs. By Mr. BIDEN (for himself, Mr. GRASS- (Mrs. CLINTON) was added as a cospon- in Sudan, to prohibit United States Govern- sor of S. 450, supra. ment contracts with such companies, and for LEY, Mr. DURBIN, and Mrs. FEIN- other purposes (Rept. No. 110–213). STEIN): S. 667 S. 2274. A bill to amend the Controlled Sub- f At the request of Mrs. CLINTON, the stances Act to prevent the abuse of name of the Senator from Maryland dextromethorphan, and for other purposes; EXECUTIVE REPORTS OF (Ms. MIKULSKI) was added as a cospon- COMMITTEES to the Committee on the Judiciary. By Mrs. FEINSTEIN: sor of S. 667, a bill to expand programs The following executive reports of S. 2275. A bill to prohibit the manufacture, of early childhood home visitation that nominations were submitted: sale, or distribution in commerce of certain increase school readiness, child abuse

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.015 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13625 and neglect prevention, and early iden- S. 1782 ENSIGN) was added as a cosponsor of S. tification of developmental and health At the request of Mr. FEINGOLD, the 2172, a bill to impose sanctions on offi- delays, including potential mental name of the Senator from Vermont cials of the State Peace and Develop- health concerns, and for other pur- (Mr. LEAHY) was added as a cosponsor ment Council in Burma, to prohibit the poses. of S. 1782, a bill to amend chapter 1 of importation of gems and hardwoods S. 694 title 9 of United States Code with re- from Burma, to support democracy in At the request of Mrs. CLINTON, the spect to arbitration. Burma, and for other purposes. name of the Senator from North Da- S. 1876 S. 2213 kota (Mr. CONRAD) was added as a co- At the request of Mr. BIDEN, the At the request of Mr. HATCH, the sponsor of S. 694, a bill to direct the name of the Senator from Delaware name of the Senator from Mississippi Secretary of Transportation to issue (Mr. CARPER) was added as a cosponsor (Mr. COCHRAN) was added as a cospon- regulations to reduce the incidence of of S. 1876, a bill to prohibit sor of S. 2213, a bill to amend title 18, child injury and death occurring inside extraterritorial detention and ren- United States Code, to improve preven- or outside of light motor vehicles, and dition, except under limited cir- tion, investigation, and prosecution of for other purposes. cumstances, to modify the definition of cyber-crime, and for other purposes. ‘‘unlawful enemy combatant’’ for pur- S. 2219 S. 714 poses of military commissions, to ex- At the request of Mr. DURBIN, the At the request of Mr. AKAKA, the tend statutory habeas corpus to detain- name of the Senator from New York names of the Senator from Rhode Is- ees, and for other purposes. land (Mr. WHITEHOUSE) and the Senator (Mr. SCHUMER) was added as a cospon- S. 1880 sor of S. 714, a bill to amend the Ani- from Ohio (Mr. BROWN) were added as At the request of Mr. KERRY, the cosponsors of S. 2219, a bill to amend mal Welfare Act to ensure that all dogs name of the Senator from New York title XVIII of the Social Security Act and cats used by research facilities are (Mr. SCHUMER) was added as a cospon- to deliver a meaningful benefit and obtained legally. sor of S. 1880, a bill to amend the Ani- lower prescription drug prices under S. 773 mal Welfare Act to prohibit dog fight- the Medicare Program. ARNER At the request of Mr. W , the ing ventures. S. 2262 name of the Senator from Arkansas S. 1958 At the request of Mr. DOMENICI, the (Mr. PRYOR) was added as a cosponsor At the request of Mr. CONRAD, the name of the Senator from North Caro- of S. 773, a bill to amend the Internal name of the Senator from Ohio (Mr. lina (Mr. BURR) was added as a cospon- Revenue Code of 1986 to allow Federal VOINOVICH) was added as a cosponsor of sor of S. 2262, a bill to authorize the civilian and military retirees to pay S. 1958, a bill to amend title XVIII of Preserve America Program and Save health insurance premiums on a pretax the Social Security Act to ensure and America’s Treasures Program, and for basis and to allow a deduction for foster continued patient quality of care other purposes. TRICARE supplemental premiums. by establishing facility and patient cri- S. RES. 334 S. 803 teria for long-term care hospitals and At the request of Mr. LUGAR, the At the request of Mr. ROCKEFELLER, related improvements under the Medi- name of the Senator from Nebraska the name of the Senator from New care program. (Mr. HAGEL) was added as a cosponsor Mexico (Mr. BINGAMAN) was added as a S. 2050 of S. Res. 334, a resolution expressing cosponsor of S. 803, a bill to repeal a At the request of Mr. BROWN, the the sense of the Senate regarding the provision enacted to end Federal name of the Senator from Rhode Island degradation of the Jordan River and matching of State spending of child (Mr. REED) was added as a cosponsor of the Dead Sea and welcoming coopera- support incentive payments. S. 2050, a bill to amend title II of the tion between the peoples of Israel, Jor- S. 887 Social Security Act to eliminate the dan, and Palestine. At the request of Mrs. FEINSTEIN, the five-month waiting period in the dis- S. RES. 356 name of the Senator from Florida (Mr. ability insurance program, and for At the request of Mr. DURBIN, the NELSON) was added as a cosponsor of S. other purposes. names of the Senator from Washington 887, a bill to restore import and entry S. 2063 (Mrs. MURRAY) and the Senator from agricultural inspection functions to At the request of Mr. CONRAD, the Rhode Island (Mr. WHITEHOUSE) were the Department of Agriculture. name of the Senator from Florida (Mr. added as cosponsors of S. Res. 356, a NELSON) was added as a cosponsor of S. S. 1060 resolution affirming that any offensive 2063, a bill to establish a Bipartisan At the request of Mr. BIDEN, the military action taken against Iran Task Force for Responsible Fiscal Ac- name of the Senator from Louisiana must be explicitly approved by Con- tion, to assure the economic security (Ms. LANDRIEU) was added as a cospon- gress before such action may be initi- of the United States, and to expand fu- sor of S. 1060, a bill to reauthorize the ated. ture prosperity and growth for all grant program for reentry of offenders Americans. f into the community in the Omnibus S. 2119 STATEMENTS ON INTRODUCED Crime Control and Safe Streets Act of At the request of Mr. JOHNSON, the BILLS AND JOINT RESOLUTIONS 1968, to improve reentry planning and name of the Senator from New Jersey implementation, and for other pur- By Ms. STABENOW (for herself (Mr. MENENDEZ) was added as a cospon- poses. and Mr. COCHRAN): sor of S. 2119, a bill to require the Sec- S. 2270. A bill to include health cen- S. 1164 retary of the Treasury to mint coins in ters in the list of entities eligible for At the request of Mr. CARDIN, the commemoration of veterans who be- mortgage insurance under the National name of the Senator from Arkansas came disabled for life while serving in Housing Act; to the Committee on (Mrs. LINCOLN) was added as a cospon- the Armed Forces of the United States. Banking, Housing, and Urban Affairs. sor of S. 1164, a bill to amend title S. 2143 Ms. STABENOW. Mr. President, XVIII of the Social Security Act to im- At the request of Mr. KOHL, the name today I am pleased to introduce the prove patient access to, and utilization of the Senator from South Dakota (Mr. Community Health Center Capital In- of, the colorectal cancer screening ben- JOHNSON) was added as a cosponsor of vestment Act. I also thank my col- efit under the Medicare Program. S. 2143, a bill to amend the Elementary league, Senator THAD COCHRAN of Mis- S. 1356 and Secondary Education Act to estab- sissippi, for joining me in sponsoring At the request of Mr. BROWN, the lish a program to improve the health this critical legislation. Health centers name of the Senator from Montana and education of children through in both our states are committed to (Mr. TESTER) was added as a cosponsor grants to expand school breakfast pro- serving more people, and our legisla- of S. 1356, a bill to amend the Federal grams, and for other purposes. tion will give them a little help to do Deposit Insurance Act to establish in- S. 2172 just that. dustrial bank holding company regula- At the request of Mr. MCCAIN, the One of our most important invest- tion, and for other purposes. name of the Senator from Nevada (Mr. ments in our health-care system is

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.027 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13626 CONGRESSIONAL RECORD — SENATE October 31, 2007 funding the Community Health Center to lower the interest rate on the money each year and are a critical part of our program. According to the National they borrow, and therefore lower the country’s health care network. Many Association of Community Health Cen- cost of the project for the center. This of these centers operate out of build- ters, health centers provide com- savings will be translated directly to ings that are in need of modernization prehensive primary and preventive care increased patient care. or expansion. Current law limits access to over 16 million people—including I ask unanimous consent that the to federal funds to community health nearly 7 million uninsured—each year letter of support be printed in the centers for any type of construction, in more than 6,000 urban and rural RECORD. modernization, or expansion. There- communities. There being no objection, the mate- fore, the only funds available to com- One of my initial pledges when I first rial was ordered to be placed in the munity health centers for facilities are ran for the Senate was to increase the RECORD, as follows: through congressionally directed number of community health centers NATIONAL ASSOCIATION OF spending. in Michigan. Since I became a Senator, COMMUNITY HEALTH CENTERS, INC., We are introducing a bill today to in- there are new 15 community health October 25, 2007. clude community health centers as eli- centers or access points in Michigan. I Hon. DEBBIE STABENOW, gible recipients for funding through the am also so pleased to have had the sup- Hart Senate Office Building, Department of Housing and Urban De- port of so many of my colleagues in in- Washington, DC velopment’s Small Medical Group Fa- creasing funding for community health Hon. THAD COCHRAN, Dirksen Senate Office Building, cilities Program. Under this competi- center grants. This year, 64 Senators Washington, DC tive program, community health cen- signed the Stabenow-Bond funding re- DEAR SENATOR STABENOW AND SENATOR ters will be able to access loan guaran- quest, and we were pleased that the COCHRAN: On behalf of the National Associa- tees and mortgage insurance, thus giv- Senate Labor-HHS-Education Appro- tion of Community Health Centers, the advo- ing them a tool to address their facil- priations bill will provide an additional cate voice for our nation’s Community, Mi- ity concerns and by doing so, better $250 million increase for community grant, Public Housing and Homeless Health serve their patients. health centers. This increased funding Centers and the 16 million patients they I am pleased to offer this legislation will help reach nearly 2 million people serve, I am writing to offer our strong en- that will help improve access to and dorsement of your bipartisan legislation the next year. ‘‘Community Health Center Capital Invest- quality of community health center But even as we provide assistance to ment Act.’’ care. community health centers for oper- America’s Health Centers commend you ations, we cannot forget their capital for your leadership in introducing this im- By Mr. BIDEN (for himself, Mr. needs such as renovating older build- portant legislation to expand access to fed- GRASSLEY, Mr. DURBIN, and ings, purchasing new equipment, and eral grants for capital improvements in the Mrs. Feinstein): investing in health information tech- nation’s 1,100 federally qualified health cen- S. 2274. A bill to amend the Con- nology. But in general, without specific ters. As the health care home for 16 million trolled Substances Act to prevent the people in more than 6,000 urban and rural lo- authorization in Federal law, health abuse of dextromethorphan, and for cations, health centers provide high quality, other purposes; to the Committee on centers cannot use current grant dol- comprehensive primary and preventive care lars for construction, modernization, for children and adults. Each year as the the Judiciary. or expansion of facilities. number of patients served at health centers Mr. BIDEN. Mr. President, ‘‘Robo- According to NACHC, one out of continues to increase, so will the need for tripping,’’ ingesting large amounts of three health centers currently operates modernization and construction of new cough suppressants containing a com- in buildings that are 30 years old or health center facilities. mon over-the-counter ingredient called older. The average cost of a facility Your proposal is a significant step forward Dextromethorphan, or ‘‘DXM,’’ is a project is estimated to be $2.3 million. toward improving access to primary health dangerous, potentially lethal, threat to care across the country. A recent survey in our Nation’s children. That is why Many centers borrow funds for these twelve states found that nearly two-thirds of purposes at rates that could be, and health centers need to expand or modernize today I am introducing the Dextro- should be, lower. their current buildings, while some areas methorphan Abuse Reduction Act of Kim Sibilsky, the executive director need to construct new facilities to treat the 2007, which takes significant steps to- of the Michigan Primary Care Associa- growing number of patients in their commu- wards countering this alarming prob- tion, wrote me: ‘‘The majority of nities. Today, health centers have limited lem. Michigan’s 34 community Health Cen- access to federal grants for facility improve- DXM is a cough suppressing ingre- ter organizations were founded in the ments and struggle to raise sufficient capital dient found in many over-the-counter middle and late 1970s, and many of to meet the $2.3 million average cost of facil- products. While DXM is safe at the rec- ity projects. By ensuring that health centers ommended dosage, it can produce a their 160 community-based sites are lo- have access to the Housing and Urban De- cated in facilities that require renova- partment’s loan guarantee and mortgage in- hallucinogenic effect similar to that of tion to meet the changing health care surance program through the Title XI Small PCP if ingested in abnormally high needs of their communities. More read- Medical Group Facilities Program, health doses. Because many drugs containing ily available renovation dollars will as- centers will have an important tool to ad- DXM are legal and widely available sist Michigan Health Centers in im- dress these facility concerns. over-the-counter, too many teens have proving access to quality health care We greatly applaud your legislation to en- the perception that they are not dan- for Michigan residents.’’ sure that the nation’s health centers will be gerous regardless of the amount in- authorized to access HUD’s loan guarantee gested. Nothing could be further from One simple solution would be grant- and mortgage insurance programs for the ing access for community health cen- construction, modernization and expansion the truth; overdosing on DXM can ters to use the facility assistance pro- of their facilities. Your leadership on this cause a rapid heartbeat, high blood grams at the Department of Housing issue will significantly improve the health pressure, seizures, brain damage, ele- and Urban Development. If health cen- and well-being of our nation’s medically un- vated body temperatures, and even ters were able to access HUD’s loan derserved. death. guarantee and mortgage insurance pro- Again, thank you for your sponsorship of Recent studies reveal troubling rates gram through the Title XI Small Med- the ‘‘Community Health Center Capital In- of DXM abuse. The number of reported vestment Act.’’ America’s Health Centers cases in California has increased ten- ical Group Facilities Program, they are proud to endorse your legislation and would have an important tool with offer their active support in helping to se- fold since 1999 and experts believe that which to address facility concerns. cure its enactment. this mirrors national trends. Moreover, The legislation we are introducing Sincerely, the Partnership for a Drug-Free Amer- today is a small clarification to the CRAIG A. KENNEDY, MPH, ica estimates that 2.4 million teens—1 Title XI Program to ensure that health Associate Vice President, in 10—got high on over-the-counter centers can obtain mortgage insurance Federal and State Affairs. cough medicines in 2005. Children ages under the program. But this small Mr. COCHRAN. Mr. President, com- 9 to 17 are the fastest growing group of change will have a huge reward for our munity health centers provide care for DXM abusers. Indeed, the latest Moni- safety-net providers. It will allow them over 15 million patients nationwide toring the Future survey revealed that

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.050 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13627 nearly 7 percent—or one in about every Anti-Drug Coalition of America, scription and nonprescription OTC 14—12th graders reported abusing CADCA, and the Partnership for a drugs is more common than abuse of cough or cold medicines to get high Drug-Free America also support the many illicit drugs. As such, it is our during the past year. Mr. President, bill. duty to ensure that the laws on the these shocking numbers speak for I would like to thank Senators books are adequate to address the new themselves. GRASSLEY, FEINSTEIN, and DURBIN for trends in drug abuse. To be certain, this is not the first their support on this and many other Of particular concern to me is the time we have seen the abuse of over- important drug issues facing our coun- abuse of medicines that are available the-counter medications. As you will try, and I hope all members of this OTC because of how prevalent these recall, we spent much of the 109th Con- body will join us in this effort and sup- products are. Further, many parents gress debating how to address the dan- port this bill. may not know about the abuse of such gers posed by pseudoephedrine, which Mr. GRASSLEY. Mr. President, I am products. For instance, many parents can be used to manufacture meth- pleased to join my colleague, Senator have never heard of dextromethorphan amphetamine. We passed the Combat BIDEN, in introducing the Dextrometh- or DXM and are unaware that there is Methamphetamine Epidemic Act of orphan Abuse Reduction Act of 2007. As a problem with the abuse of this drug. 2005, which took the important step of senior members of the U.S. Senate, and For those unfamiliar, DXM is the main moving medications containing pseu- as chairman and co-chairman of the active ingredient in a number of OTC doephedrine behind the counter and Senate Caucus on International Nar- products, primarily in cough medi- closely regulating their sales. While cotics Control, we have seen firsthand cines. DXM is the active ingredient and this move was controversial at the how trends in drug abuse have changed is generally available in two forms, a time among those who believed it im- over the years and we have worked to ‘‘finished dosage form’’ and an ‘‘unfin- posed an unnecessary inconvenience on provide effective solutions to the drug ished dosage form’’. Finished dosage law-abiding Americans, it has worked: problem whether the matter is foreign form means a product contains DXM domestic manufacture of methamphet- or domestic. and other inactive ingredients that are amine has been reduced dramatically Together, we have been monitoring approved for human use, such as cough and cold syrups and pills. Unfinished and there is no indication that people the recent reports in the media and in dosage form refers to the raw chemical who legitimately need medicines con- the health community detailing new DXM in any concentrated amount that taining pseudoephedrine are not receiv- and emerging trends in drug abuse is not in finished dosage form for con- ing them. among teens. The reports have estab- My bill takes two key steps to com- lished that the fastest rising area of sumption. Unfinished DXM is generally bat the abuse of medicines containing drug abuse among teens is the abuse of not available at local pharmacies and DXM. First, it regulates bulk DXM— prescription drugs that are available in grocery stores; however, it is available the powder that has not been combined the drug cabinets of parents, family, over the Internet and finding its way into our communities. Because both with any other ingredients—by placing and friends. These reports indicate that forms, finished and unfinished, are it in Schedule V of the Controlled Sub- there is also a trend among teens to readily available to teens, we need to stances Act. Cough medicine with co- abuse nonprescription cough and cold ensure that reasonable controls are put deine is also a Schedule V substance. medicines that are available without a in place to ensure that access to DXM This gives DEA the authority to mon- prescription, over the counter, OTC, at is limited to those who need the prod- itor and control DXM in its unfinished pharmacies and grocery stores across ucts for true medicinal purposes. form. While DXM-containing commer- the country. These trends highlight a So why regulate DXM at all? Aside cial end-products like Robitussin and new danger to America’s youth as from the increasing number of teens Coricidin Cough and Cold will not be these products are readily available abusing the product, the potential dan- scheduled, the bill requires that any and are often times perceived to be safe gers are cause enough. Abuse of DXM would-be purchaser of a DXM-con- even if used outside their intended use. produces a hallucinogenic effect simi- taining product be 18 years of age, a We cannot afford to ignore this trend lar to that of PCP or LSD. To get this move that many grocery stores and and need to ensure that we are doing effect, teens must often ingest large pharmacies have already voluntarily all we can to protect our kids. If we quantities of DXM and given the uncer- taken. don’t address this problem now, the use tain dosage to reach this hallucino- Second, and equally important in my of prescription drugs and OTC cough genic effect, overdosing on the product view, the bill infuses substantial fund- and cold medicines could become more is a real danger. If an overdose occurs, ing into efforts to raise public aware- prevalent than the use of traditional il- the effects can include an irregular ness about the problem of prescription legal narcotics such as marijuana, co- heartbeat, elevated blood pressure, sei- and over-the-counter drug abuse, and it caine, heroin, and methamphetamine. zures, brain damage, and even death. In establishes coordinated efforts to edu- To illustrate this point, the 2006 Uni- fact, both the Food and Drug Adminis- cate teens and parents about medicine versity of Michigan annual survey of tration, FDA, and the Substance Abuse abuse. I have always said that tough U.S. adolescents found that while il- and Mental Health Services Adminis- enforcement efforts must be coupled licit drug use among teens is down, use tration, SAMSHA, have posted warn- with equally tough prevention and and abuse of prescription drugs re- ings about the abuse of DXM in OTC treatment measures. Prevention is a mains high. This includes the abuse of finished dosage form and the unfin- key component to solving the problem powerful painkillers such as OxyContin ished dosage powdered form that kids of rising medicine abuse, and my bill and Vicodin. Another survey by the are obtaining over the Internet. provides robust funding for educational Partnership for a Drug Free America Because of these dangers that abuse television advertisements, community released just last year also found simi- and overdose pose, we are here today awareness and prevention programs, lar results stating that 1 in 5 teens ad- introducing legislation that will place and targeted grants made available to mitted to abusing prescription drugs. reasonable restrictions on the sale of local community coalitions to develop These surveys also included new DXM. The Dextromethorphan Abuse comprehensive strategies to reverse questions on nonprescription drugs. Reduction Act of 2007 strikes the ap- the rise in medicine abuse in a par- The University of Michigan survey propriate balance of regulating access ticular community. found that nearly 1 in 14 12th grade stu- to DXM and products that contain Senators GRASSLEY, DURBIN, and dents had used nonprescription drugs DXM for those under 18 years old while FEINSTEIN are original cosponsors of to get high. The Partnership for a Drug making sure these products remain the legislation. The bill is also sup- Free America also found that nearly 10 available for those who have a legiti- ported by a number of retail organiza- percent of teens have abused cold and mate medical need. tions including the National Associa- cough medicines that contain dextro- First, our legislation will regulate tion of Chain Drug Stores, NACDS, the methorphan or DXM, the active ingre- the sale of unfinished DXM by placing Consumer Healthcare Products Asso- dient in OTC cough suppressants. it on Schedule V of the Controlled Sub- ciation, CHPA, and the Food Mar- Taken together, these surveys are fur- stances Act. This is the tier of the con- keting Institute, FMI. The Community ther evidence that abuse of both pre- trolled substances list that currently

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.053 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13628 CONGRESSIONAL RECORD — SENATE October 31, 2007 regulates other forms of cough syrup the Committee on Commerce, Science, early onset of puberty. They may be a that contains codeine. As a Schedule V and Transportation. factor in some cancers. product, DXM will be regulated by the Mrs. FEINSTEIN. Mr. President, I Young children, whose bodies are Drug Enforcement Administration, rise to introduce legislation to ban the still growing and developing, are par- DEA, and will allow the Attorney Gen- use of phthalates in toys. ticularly vulnerable when exposed to eral to regulate the sale of unfinished This legislation will ban the use of phthalates in the toys around them. DXM over the Internet. six types of phthalates in toys, which In the face of this troubling science, Second, the legislation provides civil are linked to birth defects. Phthalates at least 14 other nations have acted to penalties for retailers who knowingly are plasticizing chemicals used in a va- ban or restrict the use of phthalates in or intentionally sell DXM in finished riety of everyday products, including children’s products. Examples include: dosage form to an individual under the cosmetics, nail polish, paint, and show- the European Union’s ban, upon which age of 18. This requirement will ensure er curtains. Alarmingly, they are used this legislation is modeled, has been in that stores and retailers sell products in a variety of children’s toys, such as effect since 2006; the Argentina Min- containing DXM in a responsible man- rubber ducks, teething rings, and bath istry of Health imposed a ban in 1999; ner. However, to ensure that retailers toys. and Japan banned toys containing are not improperly fined, the bill con- This legislation will ban the manu- DEHP and DINP intended to be put in tains an affirmative defense for those facture, sale or distributions of toys the mouth of children up to the age of who are presented false or fraudulent and childcare articles that contain 6. identification. The bill also provides more than .1 percent of DEHP, DBP, or My home State of California recently the Attorney General the authority to BBP. became the first state to ban tier the scheduled fines to reduce the It will also ban the manufacture, phthalates in toys and other products penalties for retailers who provide an sale, or distribution of toys and intended for children. California par- effective employee training program. childcare articles for use by children 3 ents will now know that the toys they Lastly, this legislation provides vital years old or younger that contain more give their children are not placing funding to three important programs than .1 percent of DINP, DIDP, or them at risk for serious health prob- for the prevention of abuse of prescrip- DnOP. lems. tion and nonprescription drugs. The It clearly states that phthalates can- It is time for the rest of the country legislation authorizes funding to the not be replaced with other dangerous to follow the lead of California, the Eu- National Youth Anti-Drug Media Cam- chemicals identified by the Environ- ropean Union, and other nations. With- paign for education to children under mental Protection Agency as carcino- out action, the U.S. risks becoming a age 18 about the dangers of prescrip- gens, possible carcinogens, or chemi- dumping ground for phthalate laden tion and OTC drug abuse. I have been cals that cause reproductive or devel- toys that cannot legally be sold else- an outspoken critic about the National opmental harm. where. American children deserve bet- Youth Anti-Drug Media Campaign’s Phthalates are used in a variety of ter. latest efforts; however, there is a clear PVC, polyvinyl chloride, plastic prod- Opponents of this ban will argue that need for further education to parents ucts to make them soft and pliable. we cannot safely replace phthalates, and communities across the country Phthalates are not chemically bonded and that these replacements could about the dangers of prescription drug to PVC molecules. When a child places place children at an even greater risk. abuse and the abuse of nonprescription a plastic toy with phthalates into his The experience in the European Union drugs such as DXM. These funds should or her mouth, these phthalates leach certainly suggests otherwise. help provide an immediate impact in out of the plastic product and into the Facing the phthalate ban, European informing parents of the danger that child’s system. manufacturers began to develop alter- can be found in a medicine cabinet at Phthalates are found in many com- natives. Danisco, a Danish company, home. mon children’s toys: rubber ducks, soft has introduced a phthalate alternative This bill also authorizes funding for bath books, teethers, and even dolls. In that has been approved for use in both the Community Anti-Drug Coalitions 2006, the San Francisco Chronicle sent the U.S. and the European Union. of America, CADCA, to provide edu- 16 common children’s toys to a Chicago Manufacturers have found ways to cation to children under 18 about pre- lab for testing to see if they exceeded make safe, phthalate free toys for Eu- scription and OTC drug abuse. It also the .1 percent limit proposed in this ropean Union children, and there is no creates a small federal grant program legislation. The results should alarm reason that they should not do the under SAMHSA at the Department of parents everywhere. One teether con- same for American children. Health and Human Services to provide tained a phthalate at five times the There is much we do not know about communities across the country fund- proposed limit. A rubber duck sold at the chemicals that surround us. Evi- ing if they demonstrate a major pre- Walgreens had 13 times the proposed dence is demonstrating that phthalates scription or OTC drug problem and limit of DEHP, a carcinogenic phthal- are posing a risk to children. I strongly have an effective strategy to deal with ate. The face of a popular doll con- believe that products not known to be that problem. tained double the proposed phthalate safe should not be in the hands and This legislation is part of an ongoing limit. mouths of children. effort to prevent the abuse of DXM, While the science is still evolving, we I urge my colleagues to support this along with other nonprescription and know that exposure to phthalates can legislation, and to provide all Amer- prescription drugs. This legislation is cause serious long-term health effects. ican children with the same safe toys supported by number of groups includ- Phthalates interfere with the natural available in Europe and California. ing the National Association of Chain functioning of the hormone system, Mr. President, I ask unanimous con- Drug Stores, NACDS, the Food Mar- and can cause reproductive abnormali- sent that the text of the bill be printed keting Institute, FMI, their member ties, many resulting from low levels of in the RECORD. organizations, and the Community testosterone. There being no objection, the text of Anti-Drug Coalitions of America In 2005, Dr. Shanna Swan of the Uni- the bill was ordered to be printed in among others. I urge my colleagues to versity of Rochester School of Medi- the RECORD, as follows: support this important legislation and cine found that pregnant women with S. 2275 high levels of phthalates in their urine help prevent the abuse of prescription Be it enacted by the Senate and House of Rep- and OTC drugs. were more likely to give birth to boys resentatives of the United States of America in with a birth defect that is a key indi- Congress assembled, By Mrs. FEINSTEIN: cator of low testosterone levels. SECTION 1. SHORT TITLE. S. 2275. A bill to prohibit the manu- Men with high phthalate levels have This Act may be cited as the ‘‘Children’s facture, sale, or distribution in com- lower sperm counts and damaged sperm Chemical Risk Reduction Act of 2007’’. merce of certain children’s products DNA. SEC. 2. BAN ON CERTAIN PRODUCTS CON- and child care articles that contain Phthalate exposure has also been TAINING PHTHALATES. phthalates, and for other purposes; to linked to premature birth and the (a) FINDINGS.—Congress finds that—

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.055 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13629 (1) phthalates are a class of chemicals used phthalate (DnOP), in concentrations exceed- NASA to take selected technologies in polyvinyl chloride (PVC) plastic to im- ing 0.1 percent. farther along from basic research to- prove flexibility and in cosmetics to bind wards development. And it invests in fragrance to the product and are used in By Mr. DODD (for himself, Mr. the workforce by providing for scholar- many products intended for use by young VOINOVICH, and Mr. WARNER): ships for graduate students at NASA children, including, teethers, toys, and soft S. 2276. A bill to enhance United plastic books; and and the FAA, and creating a program States competitiveness in aeronautics, modeled on the Independent Research (2) there is extensive scientific literature and for other purposes; to the Com- reporting the hormone-disrupting effects of and Development program. phthalates and substantial evidence of mittee on Commerce, Science, and I believe the future is bright for this phthalates found in humans at levels associ- Transportation. vital industry, and I strongly feel that ated with adverse effects. Mr. DODD. Mr. President, I rise we should be unwilling to cede leader- (b) BANNED HAZARDOUS SUBSTANCE.—Effec- today to introduce the Aeronautics ship to anyone in this area, no matter tive January 1, 2009, any children’s product Competitiveness Act of 2007 with my how determined they may be. I urge or child care article that contains a phthal- colleagues, Senators VOINOVICH and my colleagues to support this bill to ate shall be treated as a banned hazardous WARNER. substance under the Federal Hazardous Sub- preserve the leading role of U.S. aero- Since the Wright brothers first flew nautics. stances Act (15 U.S.C. 1261 et seq.) and the at Kill Devil Hills, aeronautics has prohibitions contained in section 4 of such Act shall apply to such product or article. been an iconic American industry. The By Mr. DURBIN (for himself, Mr. (c) PROHIBITION ON USE OF CERTAIN ALTER- ability to fly is no less remarkable be- OBAMA, and Mr. SCHUMER): NATIVES TO PHTHALATES IN CHILDREN’S PROD- cause it has now become commonplace; S. 2278. A bill to improve the preven- UCTS AND CHILD CARE ARTICLES.— and in fact, that a flight across the tion, detection, and treatment of com- (1) IN GENERAL.—If a manufacturer modi- country is now routine is a wonder in munity and health care-associated in- fies a children’s product or child care article itself. Very few advances have had the fections (CHAI), with a focus on anti- that contains a phthalate to comply with the national and global impact of the biotic-resistant bacteria; to the Com- ban under subsection (b), such manufacturer progress of aeronautics, and at the core shall— mittee on Health, Education, Labor, (A) use an alternative to phthalates that is of those advances has been a robust and Pensions. the least toxic; and tradition of American ingenuity and Mr. DURBIN. Mr. President, we have (B) not use any of the prohibited alter- production. seen an increasing amount of attention natives to phthalates described in paragraph The challenges in aeronautics con- on the growing problem of community (2). tinue to shift. The air traffic control and hospital-associated methicillin-re- (2) PROHIBITED ALTERNATIVES TO system is under strain, and my col- sistant staphylococcus aureus, or PHTHALATES.—The prohibited alternatives to leagues on the Commerce Committee MRSA, infections. The CDC estimates phthalates described in this paragraph are have worked diligently this year to the following: that in 2005 in the U.S., 94,000 people (A) Carcinogens rated by the Environ- chart the path for a complete overhaul developed an invasive drug-resistant mental Protection Agency as Group A, of the system. There are environmental staph infection. Out of 94,000 infec- Group B, or Group C carcinogens. pressures the industry has not faced tions, researchers found that more (B) Substances described in the List of before, including pressure to reduce than half were acquired in the health Chemicals Evaluated for Carcinogenic Po- greenhouse gas emissions. At the same care system—people who had recently tential of the Environmental Protection time, new sectors of the business, in- had surgery or were on kidney dialysis, Agency as follows: cluding light jets, show the potential for example. Nearly 19,000 Americans (i) Known to be human carcinogens. for astonishing growth. All of these (ii) Likely to be human carcinogens. die, often needlessly, from these infec- (iii) Suggestive of being human carcino- challenges require significant tech- tions every year. This is more than the gens. nology advances, and a significant in- number of people who died from HIV/ (C) Reproductive toxicants identified by vestment in research. AIDS, homicide, emphysema, or Par- the Environmental Protection Agency that We find ourselves at a crossroads. kinson’s. cause any of the following: The European Union has written a re- The infections impact not only our (i) Birth defects. port entitled ‘‘European Aeronautics: civilian families but also our military (ii) Reproductive harm. A Vision for 2020.’’ I can summarize the families. CDC worked with the Army in (iii) Developmental harm. vision: it is to supplant the U.S. as the 2003 to look at an outbreak of serious (d) DEFINITIONS.—As used in this Act— global leader in aeronautics in the next (1) the term ‘‘children’s product’’ means a infections among soldiers. Between toy or any other product designed or in- 13 years. Toward that goal, the E.U. is March and October 2003, they discov- tended by the manufacturer for use by a investing about $860 million per year at ered that 145 American soldiers had child; today’s exchange rates in a research been infected with another drug-resist- (2) the term ‘‘child care article’’ means all fund for aeronautics and ‘‘sustainable ant bacteria, Acinetobacter products designed or intended by the manu- surface transport.’’ With the invest- baumannii-calcoaceticus complex, or facturer to facilitate sleep, relaxation, or the ments of individual countries, the total ABC. This outbreak of drug-resistant feeding of children, or to help children with research spending on civil aeronautics wound infections among soldiers in sucking or teething; and is closer to $4.5 billion. In contrast, (3) the term ‘‘children’s product or child Iraq appears to have come from the care article that contains a phthalate’’ this year’s budget for NASA aero- U.S. military hospitals where they means— nautics research will be on the order of were treated, not the battlefield. (A) a children’s product or a child care ar- $550 million. Aeronautics is the first Hospitals are taking active steps to ticle any part of which contains any com- ‘‘A’’ in NASA, but receives less than identify and control infections, but bination of di-(2-ethylhexyl) phthalate one-thirtieth of the funds. keep in mind that about half of the in- (DEHP), dibutyl phthalate (DBP), or benzyl The aeronautics industry is part of fections that end up being treated in a butyl phthalate (BBP) in concentrations ex- the fabric of American life, and has the hospital were actually picked up in the ceeding 0.1 percent; and highest trade surplus of any industry, community. Schools in Connecticut, (B) a children’s product or a child care ar- ticle intended for use by a child less than 3 at $52 billion last year. But U.S. pre- Maryland, North Carolina, Ohio, Vir- years of age that— eminence is far from assured. This is ginia, and Kentucky have had to close (i) can be placed in a child’s mouth; and why I am proud to introduce a bill that to help contain the spread of an infec- (ii)(I) contains any combination of will help to ensure the future competi- tion. School officials in Mississippi, diisononyl phthalate (DINP), diisodecyl tiveness of U.S. aeronautics. It in- New Hampshire, and Virginia reported phthalate (DIDP), or di-n-octyl phthalate creases the authorization level for student deaths within the past month (DnOP), in concentrations exceeding 0.1 per- NASA aeronautics programs by 20 per- from bacteria, while officials in at cent; or cent per year for the first 2 years, with least four other States reported cases (II) contains any combination of di-(2- ethylhexyl) phthalate (DEHP), dibutyl a smaller increase in the third year. It of students being infected. Most re- phthalate (DBP), benzyl butyl phthalate creates a more transparent and inclu- cently, a 12-year-old in Brooklyn died (BBP), diisononyl phthalate (DINP), sive process for stakeholder input into from a community-aquired staph infec- diisodecyl phthalate (DIDP), or di-n-octyl research priorities, and encourages tion.

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.032 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13630 CONGRESSIONAL RECORD — SENATE October 31, 2007 In the State of Illinois, cases of the In addition, the bill addresses the study by the CDC estimates that nearly drug-resistant staph infection closed growing impact of these infections—in- 95,000 people became infected with invasive schools in Aurora and Joliet. Other side and outside the hospital. A new MRSA in 2005 in the United States, resulting cases were confirmed in the Indian public health campaign will increase in 19,000 deaths, more than the number who died from HIV/AIDS, Parkinson’s disease, Prairie School District in the Aurora awareness in the public and educate emphysema, or homicide. A vast majority (85 Naperville area. Two suburban Catholic people about reducing and preventing percent) of these infections were associated elementary schools outside of Chicago infections, especially in schools, locker with healthcare treatment. were closed for heavy-duty cleaning rooms, playgrounds—the areas where (7) MRSA also affects individuals outside after school leaders discovered each of we know bacteria can thrive. Finally, the healthcare setting and in the commu- the student bodies had a case of a drug- the bill calls for greater coordination nity. Recent weeks have seen an increase by resistant staph infection. of and greater emphasis on research at health and education officials in reported States are taking important steps to the Federal level. There are promising staph infection outbreaks, including anti- biotic-resistant strains. These infections control staph infection. The State of Il- approaches to the control of infectious have occurred in New York, Kentucky, Vir- linois has taken aggressive steps to disease—for example, some investiga- ginia, Maryland, Illinois, Ohio, North Caro- identify the infection before it grows tors are looking at the use of bacteria- lina, Florida, and the District of Columbia. out of control. Illinois is the first State resistant surfaces in hospitals and (8) The problem of antibiotic-resistant in- to require testing of all high-risk hos- other settings. fections is not limited to MRSA. High levels pital patients and isolation of those In a Nation as rich as ours, with the of resistance in enterococci, Klebsiella pneu- who carry the bacteria called MRSA. best health care professionals in the monia, Pseudomonas aeruginosa, and E. coli Twenty-two States have passed laws world, we don’t expect people to come have also been reported. (9) Antibiotic-resistant infections have that will give their residents important into a health care setting with a bro- been discovered in troops coming back from information about hospital infections. ken bone and then go home with a dan- Iraq and Afghanistan. A CDC study showed Nineteen States have laws that require gerous infection. Our health care sys- that between March and October 2003, 145 public reporting of infection rates. tem is safe and high quality, and I United States service members at military States are actively pursuing the op- think we can only improve on that treatment facilities were infected or colo- tions that the CDC recommends for with a stronger emphasis on preven- nized with a multidrug-resistant gram-nega- communities and hospitals to help tion, reporting and research. Our pa- tive bacterium called Acinetobacter fight the spread of drug-resistant bugs. tients need it, our families deserve it, baumannii. The most likely source of this It is time for the Federal Government outbreak was bacteria within deployed field and everyone of us wants it. hospitals. to follow suit. Mr. President, I ask unanimous con- (10) Despite this significant public health Today, I introduce the Community sent that the text of the bill be printed threat, information on community and and Healthcare Associated Infections in the RECORD. healthcare-associated infections (referred to Reduction Act of 2007. This legislation There being no objection, the text of in this Act as ‘‘CHAI’’) is incomplete and un- builds on what hospitals are already the bill was ordered to be placed in the reliable. Policymakers, healthcare providers, doing and what infectious disease ex- RECORD, as follows: and individual consumers have little infor- mation about hospital infection rates, mak- perts and Government agencies agree is S. 2278 ing it difficult to diagnose the scope of the critical to reducing the emergence of Be it enacted by the Senate and House of Rep- these infections. problem and evaluate current infection pre- resentatives of the United States of America in vention efforts, and assess potential rem- My colleagues, Senator OBAMA and Congress assembled, edies. Senator SCHUMER, and I introduced SECTION 1. SHORT TITLE. SEC. 3. DEFINITIONS. this bill because we believe we have a This Act may be cited as the ‘‘Community In this Act: national responsibility to improve the and Healthcare-Associated Infections Reduc- (1) ADMINISTRATOR.—The term ‘‘Adminis- prevention, detection, and treatment of tion Act of 2007’’. trator’’ means the Administrator of the Cen- community and health care-associated SEC. 2. FINDINGS. ters for Medicare & Medicaid Services. infections. To do so, we need to tackle Congress makes the following findings: (2) AHRQ.—The term ‘‘AHRQ’’ means the the problem from all sides. (1) Effective antibiotics have transformed Agency for Healthcare Research and Quality. We need better data to understand the practice of medicine and saved millions (3) CHAI.—The term ‘‘CHAI’’ means com- the problem at hand. The bill requires of lives, but the emergence and spread of an- munity and healthcare-associated infections. hospitals to report infection rates to tibiotic-resistant bacterial pathogens poses a (4) DIRECTOR.—The term ‘‘Director’’ means significant threat to patient and public the Director of the Centers for Disease Con- the Federal Government, which we will health. trol and Prevention, unless otherwise specifi- then use to target high risk areas, (2) Although many antibiotic-resistant in- cally designated. identify hospitals that are doing a good fections occur most frequently among indi- (5) HAI.—The term ‘‘HAI’’ means job of controlling infections, and do a viduals in hospitals and other healthcare fa- healthcare-associated infections, which are better job of communicating what we cilities, they also affect otherwise healthy infections that patients acquire during the know to hospitals and health depart- individuals in the community. course of receiving treatment for other con- ments around the country. With better (3) According to the Centers for Disease ditions within a healthcare setting. data, researchers will learn more about Control and Prevention (referred to in this (6) HOSPITAL.—The term ‘‘hospital’’ means Act as the ‘‘CDC’’), healthcare-associated in- a subsection (d) hospital (as defined in sec- how to treat and, ideally, how to pre- fections (referred to in this Act as ‘‘HAI’’) tion 1886(d)(1)(B) of the Social Security Act vent these dangerous infections. are one of the top 10 leading causes of death (42 U.S.C. 1395ww(d)(1)(B))). But, reporting is not enough. We in the United States. (7) INTERAGENCY WORKING GROUP.—The need comprehensive infection control (4) In American hospitals alone, HAI ac- term ‘‘interagency working group’’ means programs. The bill commissions an up- count for an estimated 1,700,000 infections the interagency working group on commu- dated, comprehensive look at best and 99,000 associated deaths each year. In 70 nity and healthcare-associated infections es- practices for hospitals on infection percent of these deaths, the bacteria are re- tablished under section 9. control to provide hospitals the tools sistant to at least one commonly used anti- (8) MRSA.—The term ‘‘MRSA’’ means biotic. Methicillin-resistant Staphylococcus aureus. they need to best address these infec- (5) Dr. John Jernigan, Chief of Interven- (9) SECRETARY.—The term ‘‘Secretary’’ tions. tions and Evaluations at the CDC, estimates means the Secretary of Health and Human The bill also requires the Secretary that HAI in hospitals result in up to Services. to conduct a feasibility study on the $27,500,000,000 in additional healthcare costs SEC. 4. COMMUNITY AND HEALTHCARE-ASSOCI- creation of a Federal payment system annually. The growing problem of antibiotic ATED INFECTION CONTROL PRO- to acknowledge and reward hospitals resistance, which affects the most common GRAM. that are preventing these infections. and least expensive antibiotics first, also (a) ESTABLISHMENT OF BEST PRACTICES Would this system work and is it what shifts utilization toward more expensive GUIDELINES FOR INFECTION CONTROL.— hospitals need? Hospital workers, doc- antibiotics. (1) IN GENERAL.—Not later than 90 days (6) Methicillin-resistant Staphylococcus after the date of enactment of this Act, tors, and nurses do their very best to aureus (referred to in this Act as ‘‘MRSA’’), AHRQ in collaboration with CDC shall de- protect patients from infection. What one of the most dangerous forms of anti- velop best-practices guidelines for internal more can be done to reward hospitals biotic-resistant staph infections, highlights infection control plans to prevent, detect, that are keeping infection rates low? the magnitude of the problem. A recent control, and treat CHAI at hospitals.

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(2) REQUIREMENTS.—In carrying out para- (3) The CDC shall have the authority to (1) provide information on the prevention graph (1), AHRQ shall— make such orders, findings, rules, and regu- and control of CHAI, including appropriate (A) establish a set of best practices with lations as necessary to ensure that hospitals antibiotic use, causes and symptoms, and supporting justification of their appropriate- accurately and timely track and report data. management, treatment and reduction ness and effectiveness based on nationally- (b) CONSULTATION.—The CDC shall review methods, in healthcare settings and non- recognized or evidence-based standards, and revise NHSN standards as appropriate, healthcare settings; which practices may include— working in consultation with the Centers for (2) provide information to healthcare pro- (i) the establishment of an infection con- Medicare & Medicaid Services, AHRQ, and viders and the public, including schools, non- trol oversight committee; and national organizations engaged in healthcare profit organizations, and private-sector enti- (ii) the establishment of measures for the quality measurement and reporting. ties; and prevention, detection, control, and treat- (c) DATA HARMONIZATION.—The Director (3) work with members of the community ment of CHAI, such as— shall work in collaboration with the Admin- to promote awareness and education, includ- (I) staff training and education on CHAI istrator to support the harmonization of ing hospitals, school health centers, schools, prevention and control, including the moni- data for purposes of developing a national local governments, doctors’ offices, prisons, toring and strict enforcement of hand hy- database of infections rates in hospitals and jails, and other public- and private-sector en- giene procedures; other purposes determined to be appropriate. tities. (II) a system to identify, designate, and (d) DISSEMINATION OF DATA.—Not later (c) AUTHORIZATION OF APPROPRIATIONS.— manage patients known to be colonized or than 1 year after the date of enactment of For the purpose of carrying out this section, infected with CHAI, including diagnostic sur- this Act, subject to the confidentiality of pa- there is authorized to be appropriated such veillance processes and policies, procedures tient records, the CDC shall— sums as may be necessary for each of fiscal and protocols for staff who may have had po- (1) make data available to interested re- years 2008 through 2012. tential exposure to a patient or resident searchers; SEC. 8. EXPANSION AND COORDINATION OF AC- known to be colonized or infected with a (2) make data available to interested State TIVITIES OF THE NATIONAL INSTI- CHAI, and an outreach process for notifying Health Departments; TUTES OF HEALTH REGARDING a receiving healthcare facility of any patient (3) produce useful and accessible reports COMMUNITY AND HEALTHCARE-AS- known to be colonized or infected with CHAI for the public to allow for comparisons of SOCIATED INFECTIONS. prior to transfer of such patient within or HAI rates across hospitals; and (a) COMMUNITY AND HEALTHCARE-ASSOCI- between facilities; (4) use data to assist hospitals in evalu- ATED INFECTIONS INITIATIVE THROUGH THE NA- (III) the development and implementation ating and formulating best practices strate- TIONAL INSTITUTES OF HEALTH.— of an infection control intervention protocol gies to reduce infection rates. (1) EXPANSION AND INTENSIFICATION OF AC- that may include active detection and isola- (e) PRIVACY OF DATA.—Notwithstanding TIVITIES.— tion procedures, the alternation of the phys- any other provision of Federal, State, or (A) IN GENERAL.—The Director of National ical plan of a hospital, the appropriate use of local law, the infection data collected pursu- Institutes of Health (referred to in this sec- anti-microbial agents, and other infection ant to this Act shall be privileged and shall tion as the ‘‘Director’’), in coordination with control precautions for general surveillance not be— the directors of the other national research of infected or colonized patients; (1) subject to admission as evidence or institutes (as appropriate), may expand and (B) work in collaboration with other agen- other disclosure in any Federal, State, or intensify programs of the National Institutes cies and organizations whose area of exper- local civil or administrative proceeding; and of Health with respect to research and re- tise is the identification, treatment, and pre- (2) subject to use in a State or local dis- lated activities concerning CHAI. vention of infectious disease; ciplinary proceeding against a hospital or (B) COORDINATION.—The directors referred (C) publish proposed guidelines for internal provider. to in paragraph (1) may jointly coordinate infection control plans; (f) AUTHORIZATION OF APPROPRIATIONS.— the programs referred to in such paragraph (D) provide for a comment period of not For the purpose of carrying out this section, and consult with additional Federal officials, less than 90 days; and there is authorized to be appropriated such voluntary health associations, medical pro- (E) establish final guidelines, taking into sums as may be necessary for each of fiscal fessional societies, and private entities, as consideration any comment received under years 2008 through 2012. appropriate. subparagraph (D). SEC. 6. QUALITY IMPROVEMENT PAYMENT PRO- (2) PLANNING GRANTS AND CONTRACTS FOR (b) CONSULTATION OF BEST PRACTICES GRAM. INNOVATIVE RESEARCH IN CHAI.— GUIDELINES.—The Administrator shall con- (a) PAY FOR PERFORMANCE INITIATIVES RE- (A) IN GENERAL.—In carrying out sub- sult best practices guidelines in evaluating PORT.—Not later than 90 days after the date section (a)(1) the Director may award plan- hospitals infection control plans as a condi- of enactment of this Act, the Administrator ning grants or contracts for the establish- tion of participation in the Medicare pro- shall submit to Congress a report studying ment of new research programs, or the en- gram. the feasibility of reducing HAI rates through hancement of existing research programs, (c) AUTHORIZATION OF APPROPRIATIONS.— a Quality Improvement Payment Program. that focus on CHAI. For the purpose of carrying out this section, (b) PROGRAM.—The report under subsection (B) RESEARCH.—In awarding planning there is authorized to be appropriated such (a) shall consider such factors as— grants or contracts under paragraph (1), the sums as may be necessary for each of fiscal (1) patient demographics, such as— Director may give priority to— years 2008 through 2012. (A) the median income of patients; (i) collaborative partnerships, which may SEC. 5. COLLECTION, REPORTING, AND COMPILA- (B) percentage of minority patients; and include academic institutions, private sector TION OF COMMUNITY AND (C) disease condition; entities, or nonprofit organizations with a HEALTHCARE-ASSOCIATED INFEC- TION DATA. (2) hospital characteristics, such as— focus on infectious disease science, medicine, (a) IN GENERAL.—Not later than 120 days (A) median income; public health, veterinary medicine, or other after the date of enactment of this Act, hos- (B) population density of the hospital zip discipline impacting or influenced by emerg- pitals shall report information about CHAI code locale; ing infectious diseases; to the CDC National Healthcare Safety Net- (C) university affiliation; and (ii) research on the most effective copper- work (NHSN), which shall be used by the (D) hospital size as indicated by the num- based applications to stem infections in mili- CDC to develop a national database of infec- ber of beds; and tary and civilian healthcare facilities; and tion rates in hospitals. With respect to re- (3) other factors as determined to be appro- (iii) research on new rapid diagnostic tech- porting such information, the following shall priate by the Centers for Medicare & Med- niques for antibiotic-resistant bacteria. apply: icaid Services. (b) REPORT.—Not later than 6 months after (1) Hospitals shall meet data reporting (c) AUTHORIZATION OF APPROPRIATIONS.— the date of enactment of this Act, the Sec- standards as required by the NHSN, includ- For the purpose of carrying out this section, retary, in collaboration with the Director, ing timeframes, case-finding techniques, sub- there is authorized to be appropriated such the Commissioner of Food and Drugs, and mission formats, infection definitions and sums as may be necessary for each of fiscal the Director of the National Institutes of other relevant terms, methodology for sur- years 2008 through 2012. Health, shall prepare and submit to the ap- veillance of infections, risk-adjustment tech- SEC. 7. PUBLIC AWARENESS CAMPAIGN. propriate committees of the Congress a re- niques, or other specifications necessary to (a) IN GENERAL.—The Director shall award port that describes the obstacles to anti-in- render the incoming data valid, consistent, grants to States for the purpose of enabling fective, especially antibacterial, drug re- compatible, and manageable. the States to carry out public awareness search and development. Such report shall— (2) Hospitals shall submit data that allows campaigns to provide public education and (1) identify, in concurrence with infectious the CDC to distinguish between— increase awareness with respect to the issue disease clinicians and appropriate profes- (A) infections that are present in patients of reducing, preventing, detecting, and con- sional associations, the infectious pathogens upon their admission to the hospital; trolling CHAI. that are (or are likely to become) a signifi- (B) infections that occur during a patient’s (b) REQUIREMENTS.—To be eligible for a cant threat to public health because of drug hospital stay; and grant under subsection (a), a State shall pro- resistance or other factors; (C) infections caused by multiple drug re- vide assurances to the Secretary that the (2) identify those incentives that may al- sistant organisms and nondrug resistant or- State campaign to be conducted under the ready exist through Federal programs, such ganisms. grant shall— as Orphan Product designation, including an

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.036 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13632 CONGRESSIONAL RECORD — SENATE October 31, 2007 explanation of how such programs would (5) consider and determine the feasibility young women worldwide have been sub- apply to infectious diseases and in particular of establishing an active surveillance pro- jected to genital mutilation. A 2006 resistant bacterial infections; gram involving other entities (such as ath- United Nations Report found that at (3) recommend strategies to publicize cur- letic teams or correctional facilities) for the least 102 member states had no specific rent incentives available to encourage anti- purpose of identifying those individuals in infective, especially antibacterial, drug re- the community that are colonized and at laws on domestic violence. The statis- search and development; risk of susceptibility to and transmission of tics are staggering. (4) recommend additional regulatory and bacteria; Not surprisingly, violence against legislative solutions to stimulate appro- (6) develop an appropriate research agenda women and girls has a profound impact priate anti-infective, especially anti- for Federal agencies; on the health and development of coun- bacterial, drug research and development; (7) develop recommendations regarding tries worldwide. Violence breeds pov- (5) update the progress made in response to evidence-based best practices, model pro- erty. It impedes economic development the ‘‘Public Health Action Plan to Combat grams, effective guidelines, and other strate- Antimicrobial Resistance’’ to include a nar- because it can prevent girls from going gies for promoting CHAI prevention and con- to school, or stop women from holding rative summary of activities in addition to trol; tables provided in existing progress reports, (8) monitor Federal progress in meeting jobs or inheriting property, or shut highlighting where gaps remain as well as specific CHAI prevention and control pro- down access to critical health care for obstacles to future progress; and motion goals; and themselves and their children. We can’t (6) recommend strategies to strengthen the (9) not later than 2 years after the date of eradicate poverty and disease unless we Federal response to antimicrobial resistance, enactment of this Act, submit to Congress a prevent and respond to the violence as outlined in the Action Plan, in particular report that describes the appropriateness women face in their own homes and additional actions needed to address remain- and effectiveness of best practices guidelines ing gaps or obstacles to progress in imple- communities. We cannot truly em- developed by the Centers for Disease Control power women to become active in civic menting the Plan, as well as Federal funding and Prevention for infection control plans. needs. (d) MEETINGS.— life and promote peace, prosperity and UBLIC NFORMATION (c) P I .—The coordinating (1) IN GENERAL.—The interagency working democracy unless they personally are committee shall make readily available to group shall meet at least 6 times each year. free from fear of violence. the public information concerning the re- (2) ANNUAL CONFERENCE.—The Secretary Violence against women is a global search, education, and other activities relat- shall sponsor an annual conference on CHAI ing to CHAI, that are conducted or supported health crisis, not just because so many prevention, detection, and control to en- by the National Institutes of Health. women and girls are injured and die as hance coordination and share best practices (d) AUTHORIZATION OF APPROPRIATIONS.— a result, but also because inequality There is authorized to be appropriated such in CHAI data collection, analysis, and re- and violence interfere with current ef- sums as may be necessary for each of fiscal porting. (e) AUTHORIZATION OF APPROPRIATIONS.— forts to combat the HIV/AIDS pan- years 2008 through 2012 to carry out this sec- demic. Forced sex increases vulner- tion. There is authorized to be appropriated such sums as may be necessary to carry out this ability to HIV/AIDS transmission, in SEC. 9. INTERAGENCY WORKING GROUP ON COM- MUNITY AND HEALTHCARE-ASSOCI- section. part, because condoms are not likely to ATED INFECTIONS. SEC. 10. GOVERNMENT ACCOUNTABILITY OFFICE be used. In sub-Saharan Africa alone, (a) ESTABLISHMENT.—The Secretary, in co- REPORT ON COMMUNITY AND women account for close to three-quar- ordination with the Administrator, shall es- HEALTHCARE-ASSOCIATED INFEC- ters of those living with HIV/AIDS be- tablish an interagency working group on TIONS. Not later than 2 years after the date of en- tween the ages 18 and 24. CHAI to consider issues relating to the re- The picture is grim, and can be dis- duction and prevention of these infections. actment of the Act, the Government Ac- (b) MEMBERSHIP.—The interagency working countability Office shall submit to Congress couraging. But the good news is that group shall be composed of a representative a report on the impact of this Act on— local and international organizations from each Federal agency (appointed by the (1) the prevalence of CHAI; and are working in communities around head of each such agency) that has jurisdic- (2) the quality and availability of data the world with courage, sensitivity and tion over, or is affected by, CHAI including— about CHAI. great success to help women overcome (1) the Centers for Medicare & Medicaid SEC. 11. PREEMPTION. violence at home, in school and at Services; Nothing in this Act shall be construed to (2) the Centers for Disease Control and Pre- work. But they need our help. preempt existing State laws, except to the We’ve made tremendous progress in vention; extent that such State laws would result in (3) the Health Resources and Services Ad- the establishment of duplicative or con- reducing violence against women here ministration; flicting surveillance or reporting require- in the United States since we passed (4) the Agency for Healthcare Research and ments. the Violence Against Women Act, Quality; VAWA, in 1994. That important work (5) the Food and Drug Administration; By Mr. BIDEN (for himself and continues. But we cannot ignore the (6) the National Institutes of Health; Mr. LUGAR): devastation wrought by violence in (7) the Department of Agriculture; (8) the Department of Defense; S. 2279. A bill to combat inter- every corner of the globe. Now is the (9) the Department of Veterans Affairs; national violence against women and time to turn our attention to women in (10) the Environmental Protection Agency; girls; to the Committee on Foreign Re- other parts of the world—women whose and lations. lives are devastated by poverty, polit- (11) such other Federal agencies as deter- Mr. BIDEN. Mr. President, one in ical and civic exclusion, disease, and mined appropriate. three women worldwide will experience violence. Gender-based violence con- (c) DUTIES.—The interagency working gender-based violence in her lifetime. group shall— tributes to the poverty, inequality and (1) work in collaboration with the Inter- In some countries, that’s true for 70 instability that threaten peace. Ad- agency Task Force on Anti-microbial Resist- percent of women. No country is im- dressing it isn’t just moral; it is also ance; mune. From trafficking of women in smart. (2) facilitate communication and partner- Eastern Europe to ‘‘honor’’ killings in So today, during this final week of ship on infection prevention and quality Jordan to rape being used as a brutal Domestic Violence Awareness Month, I health-related projects and policies; weapon of war in Darfur and the Congo, am introducing with my good friend (3) serve as a centralized mechanism to co- violence against women and girls from Indiana, Senator LUGAR, the ordinate a national effort— (A) to discuss and evaluate evidence and crosses all borders and affects women International Violence Against Women knowledge on infection prevention; in all social groups, religions and Act. This groundbreaking, bipartisan (B) to determine the range of effective, fea- socio-economic classes. legislation would integrate efforts to sible, and comprehensive actions to improve Around the globe, women and girls end gender-based violence into all ex- healthcare quality related to CHAI; and face domestic violence, rape, forced or isting, appropriate U.S. foreign assist- (C) to examine and better address the child marriage, so-called ‘‘honor’’ ance programs. growing impact of CHAI in communities killings, dowry-related murder, human The International Violence Against throughout the United States; trafficking, and female genital mutila- Women Act has three main compo- (4) coordinate plans to communicate re- search results relating to CHAI prevention tion. The United Nations estimates nents. First, the bill reorganizes and and control to enable reporting and outreach that at least 5,000 ‘‘honor’’ killings rejuvenates the gender-related efforts activities to produce more useful and timely take place each year around the world of the State Department by creating information; and more than 130,000,000 girls and one central office—the ‘‘Office for

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.036 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13633 Women’s Global Initiatives’’, directed would provide the momentum and sup- knows no boundaries of geography, cul- by a Senate-confirmed Ambassador port for a full-scale international pri- ture or wealth. As long as it continues, who reports directly to the Secretary. ority. we cannot claim to be making real The Coordinator of the Office or Wom- Finally, as the recent reports from progress towards equity, development en’s Global Initiatives, the ‘‘Coordi- the Congo make tragically clear, in sit- and peace.’’ I could not agree more. My nator’’, will be charged with moni- uations of humanitarian crises, con- International Violence Against Women toring, coordinating, and organizing all flict and post-conflict operations, Act marshals together, for the first U.S. resources, programs and aid women and girls are vulnerable to hor- time, coordinated American resources, abroad that deals with women’s issues, rific acts of violence. Reports of ref- good will and leadership to address this including gender-based violence. Addi- ugee women being raped while col- global issue. I believe the time is now tionally, my bill creates a new Office of lecting firewood, soldiers sexually for the U.S. to get actively engaged in Women’s Global Development at the abusing girls in exchange for token the fight for women’s lives and girls’ United States Agency for International food items, or women subjected to un- futures. Development, also to be directed by a imaginable brutality and torture as a Over the past 30 years, the under- Senate-confirmed nominee. The Direc- tactic of war are shocking in number standing of human rights and violence tor will be responsible for addressing and inhumanity. The Act requires against women has metamorphosed. A gender-based violence and integrating training, reporting mechanisms and State’s responsibility to protect gender into U.S. government assistance other measures for those who are work- women from violence has evolved— programs. The Director will work ing directly with or protecting refugees what was once seen largely as a pri- closely with the Coordinator and the and other vulnerable populations. The vate, family or cultural matter is now Secretary of State to implement the act also requires that the State De- understood by the international com- provisions of the IVAWA legislation. partment identify ‘‘critical outbreaks’’ munity as a violation of basic human Under the current organizational in which violence against women and rights. Violence against women is a scheme, projects addressing violence girls is being used as a weapon of in- legal wrong. It cannot be excused or against women, either primarily or timidation and abuse in armed conflict justified or ignored. It is an engrained tangentially, are spread throughout or war, or is escalating in an environ- social norm but one that we can dis- the State Department and USAID ment of impunity, and to take emer- mantle over time—one woman at a without a central inventory, game plan gency measures to respond to the out- time—with patience, creativity and or leader. My bill will raise the profile breaks. sustained political will. The Inter- of women’s issues generally at the The issue of violence against women national Violence Against Women Act State Department, and ensure that and girls is complex and our legislation is the first step. gender-based violence programs are is a bold and ambitious plan. There are Mr. President, I ask unanimous con- building on past successes, leveraging limitations on the United States’ sent that the text of the bill and a sec- core competencies and working in con- power to ‘‘fix’’ a problem that is so tion-by-section analysis be printed in junction with other initiatives. widespread. We are mindful that no the RECORD. Second, the International Violence country has a perfect record or all the There being no objection, the mate- Against Women Act mandates creation answers. Yet Congress has a long and rial was ordered to be placed in the of a 5-year, comprehensive strategy, proud history of tackling complex RECORD, as follows: with coordinated programming, to pre- international problems, most recently S. 2279 vent and respond to violence against the devastating epidemic of HIV/AIDS Be it enacted by the Senate and House of Rep- women in 10 to 20 targeted countries. and the insidious crime of human traf- resentatives of the United States of America in The act creates a dedicated funding ficking. Congress assembled, stream of $175 million a year to support I did not approach this legislation SECTION 1. SHORT TITLE; TABLE OF CONTENTS. programs dealing with violence against lightly. Over the past months, I’ve so- (a) SHORT TITLE.—This Act may be cited as women in five areas: the criminal and licited information from every relevant the ‘‘International Violence Against Women civil justice system—everything from office in the State Department, USAID Act of 2007’’. (b) TABLE OF CONTENTS.—The table of con- drafting laws on domestic violence, to and the Department of Justice that tents for this Act is as follows: enhancing women’s access to property works on the issues of women’s rights Sec. 1. Short title; table of contents. and inheritance rights, to reforming and gender-based violence abroad. I Sec. 2. Findings. police practices—health care, girls’ ac- asked for input and information from Sec. 3. Statement of policy. cess to education and school safety, the United Nations secretariat, and Sec. 4. Definitions. women’s access to employment and fi- many of its subsidiary agencies who TITLE I—COORDINATION AND POLICY nancial resources, and public aware- are working to prevent and respond to PLANNING ness campaigns that change social gender-based violence internationally Sec. 101. Official positions and institutional norms. in various capacities. And most impor- changes. Sec. 102. Policy and programs. I know from my experience in Dela- tantly, the International Violence Sec. 103. Inclusion of information on vio- ware that coordinating community re- Against Women Act was drafted with lence against women and girls sponses in towns and cities has made the insight and expertise of over 100 in human rights reports. all the difference in fighting domestic nongovernmental organizations and 40 TITLE II—OTHER PROVISIONS violence and rape. I applied those same women’s groups around the globe, in- Sec. 201. Amendments to Foreign Service principles of coordination and joint cluding American Refugee Committee, Act of 1980. programming to the International Vio- Amnesty International, CARE, Chris- Sec. 202. Support for multilateral efforts to lence Against Women Act. Inter- tian Children’s Fund, Family Violence end violence against women national experts agree on the necessity Prevention Fund, Global AIDS Alli- and girls. of a multi-disciplinary approach that ance, Human Rights Watch, Inter- SEC. 2. FINDINGS. brings governments and nongovern- Congress makes the following findings: Agency Gender Working Group, (1) Violence against women and girls is mental organizations to the table to IGWAG, International Rescue Com- rooted in multiple causes and takes many create sustainable infrastructure. To mittee, International Justice Mission, forms, including physical, sexual, and psy- be clear, the International Violence Women’s Edge Coalition, Vital Voices chological. It affects all countries, social Against Women Act is not asking coun- Global Partnership and many others. I groups, ethnicities, religions, and socio- tries to reinvent the wheel. At every thank all of them for their invaluable economic classes and is a global health, eco- step our strategy will lead to coordina- assistance and perseverance as this bill nomic development, and human rights prob- tion of efforts to have the greatest pos- came together. lem of epidemic proportions. sible impact. This type of effective, Former United Nations Secretary- (2) According to the World Health Organi- zation— cost-efficient, gender-based violence General Kofi Annan said ‘‘Violence (A) approximately 1 in 3 of the women in programming already exists and is tak- against women is perhaps the most the world will experience violence in her life- ing place in pockets all around the shameful human rights violation. And time, with rates of up to 70 percent in some globe. We have the blueprints; my Act it is perhaps the most pervasive. It countries; and

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.034 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13634 CONGRESSIONAL RECORD — SENATE October 31, 2007 (B) 1 in 5 of the women in the world will be public services and employers, and reduces gional strategies, as appropriate, for pre- the victim of rape or attempted rape in her human capital formation.’’. venting and responding to violence against lifetime. (12) The World Bank recognizes that wom- women and girls, and exchanging data and (3) According to the 2006 United Nations en’s health, education, and economic oppor- successful strategies; Secretary-General’s report entitled Ending tunities directly impact the development (11) to work through international organi- Violence Against Women, 102 member states and well being of their families and their so- zations of which the United States is a mem- have no specific laws on domestic violence. cieties. A 2001 World Bank Report, entitled ber, including the United Nations and its (4) Women and girls face many different Engendering Development, reports that specialized agencies, funds and programs to types of gender-based violence, including greater gender equality leads to improved encourage, promote, and advocate for strong- forced or child marriage, so-called ‘‘honor nutrition, lower child mortality, less govern- er efforts and policies to prevent and end vio- killings’’, dowry-related murder, human ment corruption, higher productivity, and lence against women and girls; trafficking, and female genital mutilation. reduced HIV infection rates. (12) to enhance training and other pro- The United Nations estimates that at least (13) Increased access to economic opportu- grams to prevent and respond to violence 5,000 so-called ‘‘honor killings’’ take place nities is crucial to the prevention of and re- against women and girls in humanitarian re- each year around the world and that more sponse to domestic and sexual violence. Both lief, conflict, and post-conflict operations; than 130,000,000 girls and young women microfinance-based interventions and in- (13) to enhance training by United States worldwide have been subjected to female creased asset control have been shown to re- personnel of professional foreign military genital mutilation. duce levels of intimate partner violence in and police forces and judicial officials to in- addition to providing economic independence (5) The President’s Emergency Plan for clude specific and thorough instruction on for survivors. AIDS Relief 2006 Report on Gender-Based Vi- preventing and responding to violence (14) Campaigns to change social norms, in- olence and HIV/AIDS reports that violence against women and girls; cluding community organizing, media cam- against women is a public health and devel- (14) to press for the implementation of paigns, and efforts to engage and educate opment problem that significantly increases policies and practices in global peace and se- men and boys, have been shown to change at- susceptibility to HIV/AIDS. A United Na- curity efforts, including United Nations titudes that condone and tolerate violence tions study on the global AIDS epidemic peacekeeping and policing operations, that against women and girls and reduce violence prevent and respond to violence against found that in sub-Saharan Africa, women and abuse. who are 15 to 24 years old can be infected at women and girls and hold personnel account- SEC. 3. STATEMENT OF POLICY. rates that are up to 6 times higher than men able for the full implementation of these It is the policy of the United States— of the same age. policies and practices. (1) to promote women’s political, eco- (6) Recent studies in Africa indicate that nomic, educational, social, cultural, civil, SEC. 4. DEFINITIONS. between 16 and 47 percent of girls in primary and human rights and opportunities In this Act: and secondary school report sexual abuse or throughout the world; (1) VIOLENCE AGAINST WOMEN AND GIRLS.— harassment by male teachers or classmates. (2) to condemn and combat violence The term ‘‘violence against women and Girls who experience sexual violence at against women and girls, and to promote and girls’’— school are also more likely to experience un- assist other governments in preventing and (A) means any act of gender-based violence intended pregnancies or become infected responding to such violence; against women or girls committed because of with sexually transmitted infections, includ- (3) to promote ending violence against their gender that results in, or is likely to ing HIV/AIDS. women and girls around the world, whether result in, physical, sexual, or psychological (7) Rape and sexual assault are weapons of the abuse is committed directly by a foreign harm or suffering to women, including war used to torture, intimidate, and ter- government, is implicitly committed by such threats of such acts, coercion, or arbitrary rorize women and communities. Amnesty government through hostile laws or de jure deprivations of liberty, whether occurring in International reports that women have suf- mandates to disenfranchise women, or is public or private life; and fered from sexual violence during conflicts in committed by private actors and the govern- (B) includes— Rwanda, the former Yugoslavia, Sierra ment fails to address the abuse; (i) physical, sexual, and psychological vio- Leone, and most recently in the Democratic (4) to encourage foreign governments to lence occurring in the family, including bat- Republic of the Congo, where women have enact and implement effective legal reform tering, sexual abuse of female children in the suffered from brutal and systematic sexual to combat violence against women and girls, household, dowry-related violence, marital assaults. and to encourage access to justice, true ac- rape, female genital mutilation and other (8) Displaced, refugee, and stateless women countability for abusers, and meaningful re- traditional practices harmful to women, non- and girls in humanitarian emergencies, con- dress and support for victims; spousal violence, and violence related to ex- flict settings, and natural disasters face ex- (5) to systematically integrate and coordi- ploitation; treme violence and threats because of power nate efforts to prevent and respond to vio- (ii) physical, sexual, and psychological vio- inequities, including being forced to ex- lence against women and girls into United lence occurring within the general commu- change sex for food and humanitarian sup- States foreign policy and foreign assistance nity, including rape, sexual abuse, sexual plies, and being at increased risk of rape, programs, and to expand implementation of harassment and intimidation at work, in sexual exploitation, and abuse. effective practices and programs; educational institutions and elsewhere, traf- (9) According to the United States Agency (6) to fully implement the comprehensive ficking in women, and forced prostitution; for International Development (USAID)— international strategy set forth in section and (A) 70 percent of the 1,300,000,000 people liv- 300G of the Foreign Assistance Act of 1961, as (iii) physical, sexual, and psychological vi- ing in poverty in the world are women and added by this Act, which provides assistance olence perpetrated or condoned by the state, children; to eligible countries to reduce and prevent wherever it occurs. (B) 2⁄3 of the 876,000,000 illiterate adults in gender-based violence with coordinated ef- (2) ELIGIBLE COUNTRIES.—The term ‘‘eligi- the world are women; forts in the criminal justice, health, edu- ble countries’’ means countries that are not (C) 2⁄3 of the 125,000,000 school-aged children cation, and economic sectors; classified as high-income countries in the who are not in school are girls; (7) to support and build capacity of indige- most recent edition of the World Develop- (D) more than 3⁄4 of the 27,000,000 refugees nous nongovernmental organizations that ment Report for Reconstruction and Devel- in the world are women and children; and are working to prevent and respond to vio- opment published by the International Bank (E) 1,600 women die unnecessarily every lence against women and girls, particularly for Reconstruction and Development. day during pregnancy and childbirth. women’s nongovernmental organizations, (10) In 2003, the United Nations Special and to support and encourage United States TITLE I—COORDINATION AND POLICY Rapporteur on Violence Against Women con- organizations working in partnership with PLANNING cluded that violence against women violates such nongovernmental organizations; the basic human rights of women, results in (8) to prevent and respond to violence SEC. 101. OFFICIAL POSITIONS AND INSTITU- TIONAL CHANGES. ‘‘devastating consequences for women who against women and girls through multisec- experience it, traumatic impact on those toral methods, working at individual, fam- Chapter 2 of part I of the Foreign Assist- who witness it, de-legitimization of States ily, community, local, national, and inter- ance Act of 1961 (22 U.S.C. 2166 et seq.) is that fail to prevent it and the impoverish- national levels and incorporating service, amended by adding at the end the following: ment of entire societies that tolerate it.’’. prevention, training, and advocacy activities ‘‘TITLE XIII—INTERNATIONAL PREVEN- (11) Violence against women is an impedi- and economic, education, health, legal, and TION OF VIOLENCE AGAINST WOMEN ment to the health, opportunity, and devel- protective intervention services; AND GIRLS opment of women and their societies. Ac- (9) to coordinate activities with recipient cording to an October 2006 study of the country governments, as appropriate, and ‘‘SEC. 300A. VIOLENCE AGAINST WOMEN AND United Nations Secretary General entitled with other bilateral, multilateral, non- GIRLS DEFINED. Ending Violence Against Women, ‘‘Violence governmental, and private sector actors ac- ‘‘In this title, the term ‘violence against against women impoverishes women, their tive in the relevant sector and country; women and girls’ has the meaning given that families, communities and nations. It lowers (10) to foster international and regional co- term in section 5 of the International Vio- economic production, drains resources from operation with an aim towards defining re- lence Against Women Act of 2007.

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13635 ‘‘Subtitle A—Official Positions and ‘‘(D) coordinate all policies, programs, and ‘‘(C) monitor the manner in which such ac- Institutional Changes funding relating to violence against women tivities are integrated, programmed, and im- ‘‘SEC. 300B. OFFICE OF WOMEN’S GLOBAL INITIA- and girls internationally in the United plemented in each country plan. TIVES. States Agency for International Develop- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) ESTABLISHMENT.—There is established ment (USAID), including the Women’s Glob- There is authorized to be appropriated in the Office of the Secretary of State in the al Development Office; $15,000,000 for each of fiscal years 2008 Department of State, the Office of Women’s ‘‘(E) monitor and evaluate all such gender- through 2012 to carry out activities and col- Global Initiatives. The office shall be headed based violence programs administered by the laboration related to preventing and re- by the Coordinator of the Office of Women’s entities listed in subparagraphs (B) through sponding to gender-based violence. Funds ap- Global Initiatives (referred to in this title as (D), as necessary; propriated pursuant to this subsection shall the ‘Coordinator’), who shall be appointed by ‘‘(F) coordinate all policies, programs, and be under the direct control of the Director. the President, by and with the advice and funding of the Millennium Challenge Cor- Such funds are in addition to amounts other- consent of the Senate. The Coordinator shall poration relating to violence against women wise available for such purposes. report directly to the Secretary and shall and girls internationally; ‘‘SEC. 300D. ADVISORY COMMISSION ON INTER- have the rank and status of Ambassador at ‘‘(G) design, integrate, and, as appropriate, NATIONAL VIOLENCE AGAINST WOMEN. Large. implement policies, programs, and activities related to women’s health, education, eco- ‘‘(a) ESTABLISHMENT.—There is established ‘‘(b) PURPOSE.—The Office of Women’s nomic development, legal reform, social within the Department of State an Advisory Global Initiatives shall be the sole office co- norm changes, women’s human rights, and Commission on International Violence ordinating all efforts of the United States protection of women in humanitarian crises, Against Women (in this section referred to Government regarding international wom- including those identified pursuant to sec- as the ‘Advisory Commission’). en’s issues and is intended to replace the Of- tion 300G(c); and ‘‘(b) MEMBERSHIP.— fice of International Women’s Issues in the ‘‘(H) encourage departments listed in sub- ‘‘(1) APPOINTMENT.—The Advisory Commis- Office of the Under Secretary for Democracy paragraph (C) to create agency-specific pro- sion shall be composed of— and Global Affairs in the Department of grammatic guidelines on addressing violence ‘‘(A) the Coordinator of Women’s Global State. against women and girls internationally and Initiatives, who shall serve as chair, and the ‘‘(c) DUTIES.—The Coordinator shall have monitor implementation of those guidelines. Director of the Women’s Global Development the following responsibilities: ‘‘(4) DIPLOMATIC REPRESENTATION.—Subject Office, both of whom shall serve ex officio as ‘‘(1) IN GENERAL.—The Coordinator shall— to the direction of the President and the Sec- nonvoting members of the Advisory Commis- ‘‘(A) design, oversee, and coordinate activi- retary of State, the Coordinator is author- sion; ties and programs of the United States Gov- ized to represent the United States in mat- ‘‘(B) 8 members appointed by the Secretary ernment relating to international women’s ters relevant to violence against women and of State who are not officers or employees of issues; and girls internationally in— the Federal Government; ‘‘(B) direct United States Government re- ‘‘(A) contacts with foreign governments, ‘‘(C) 3 members appointed by the President sources to— nongovernmental organizations, the United pro tempore of the Senate on the joint rec- ‘‘(i) prevent and respond to violence Nations and its specialized agencies, and ommendation of the Majority and Minority against women and girls throughout the other international organizations of which Leaders of the Senate; and world; and the United States is a member; and ‘‘(D) 3 members appointed by the Speaker ‘‘(ii) develop the comprehensive inter- ‘‘(B) multilateral conferences and meetings of the House of Representatives on the joint national strategy described in section 300G relevant to violence against women and recommendation of the Majority and Minor- to reduce violence against women and girls. girls. ity Leaders of the House of Representatives. ‘‘(2) PRINCIPAL ADVISOR.—The Coordinator ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) SELECTION.—Members of the Advisory shall serve as the principal advisor to the There is authorized to be appropriated Commission shall be selected from among— Secretary of State regarding foreign policy $10,000,000 for each of fiscal years 2008 ‘‘(A) distinguished individuals noted for matters relating to women, including vio- through 2012, under the heading ‘Diplomatic their knowledge and experience in fields rel- lence against women and girls. and Consular Programs’, to carry out activi- evant to the issue of international violence ‘‘(3) COORDINATING ROLE.—The Coordinator ties under this section. Funds appropriated against women and girls, including foreign shall— pursuant to this subsection shall be under affairs, human rights, and international law; ‘‘(A) oversee and coordinate all resources the direct control of the Coordinator. ‘‘(B) representatives of nongovernmental and activities of the United State Govern- ‘‘SEC. 300C. WOMEN’S GLOBAL DEVELOPMENT OF- organizations and other institutions having ment to combat violence against women and FICE. knowledge and expertise related to violence girls internationally, including developing ‘‘(a) ESTABLISHMENT.—There is established, against women and girls; and within the United States Agency for Inter- strategies for the integration of efforts to ‘‘(C) academics representative of the var- national Development, the Office of Women’s prevent and respond to gender-based violence ious scholarly approaches to the issue of Global Development. The Office of Women’s into United States assistance programs; international violence against women and Global Development shall be headed by the ‘‘(B) coordinate all policies, programs, and girls. Director of Women’s Global Development funding related to violence against women ‘‘(3) TIME OF APPOINTMENT.—The appoint- and girls internationally of the Department (referred to in this title as the ‘Director’), who shall be appointed by the President, by ments required under paragraph (1) shall be of State, including— made not later than 120 days after the date ‘‘(i) the Bureau of Population, Refugees, and with the advice and consent of the Sen- ate. The Director shall report directly to the of the enactment of this title. and Migration; ‘‘(4) TERMS.—The term of each member ap- ‘‘(ii) the Bureau of Democracy, Human Administrator of the United States Agency for International Development and shall con- pointed to the Advisory Commission shall be Rights, and Labor; 3 years. Members shall be eligible for re- ‘‘(iii) the Bureau for International Nar- sult regularly with the Coordinator of the Office of Women’s Global Initiatives. appointment to a second term. cotics and Law Enforcement Affairs; ‘‘(b) PURPOSE.—The Office of Women’s ‘‘(c) DUTIES.—The Advisory Commission ‘‘(iv) the Bureau of Education and Cultural Global Development shall be the sole office shall— Affairs; coordinating all efforts of the United States ‘‘(1) annually make recommendations to ‘‘(v) the Bureau of Political Military Af- Agency for International Development the Secretary of State regarding best prac- fairs; (USAID) regarding international women’s tices to prevent and respond to violence ‘‘(vi) the Bureau of International Organiza- issues and is intended to replace the Office of against women and girls internationally and tions Affairs; Women in Development in USAID in exist- the effective integration of such practices ‘‘(vii) the Bureau of Economic and Busi- ence on the date of the enactment of this into the foreign policy of the United States, ness Affairs; title. including assistance programming; and ‘‘(viii) the Foreign Service Institute; ‘‘(c) DUTIES.— ‘‘(2) consult with members of the United ‘‘(ix) the Office of the Coordinator for Re- ‘‘(1) IN GENERAL.—The Director shall— States Government and with private groups construction and Stabilization; ‘‘(A) integrate gender into all policies, pro- and individuals on the prevention and re- ‘‘(x) the Office to Monitor and Combat grams, and activities of the United States sponse to international violence against Trafficking in Persons; Agency for International Development to women and girls. ‘‘(xi) the Office of the United States Global improve the status of women, increase op- ‘‘(d) HEARINGS.—In carrying out this sec- AIDS Coordinator; and portunities for women, and support the over- tion, the Advisory Commission may conduct ‘‘(xii) all regional bureaus and offices; all development goals of United States pro- such hearings, sit and at such times and ‘‘(C) coordinate all policies, programs, and grams and assistance; places, take such testimony, and receive funding related to violence against women ‘‘(B) ensure that efforts to prevent and re- such evidence, as the Advisory Commission and girls internationally in the Department spond to violence against women and girls considers appropriate. of Justice, the Department of Labor, the De- are integrated into United States Govern- ‘‘(e) FUNDING.—Members of the Advisory partment of Health and Human Services, the ment foreign assistance programs at the Commission shall be allowed travel expenses, Department of Defense, and the Department strategic planning and country operational including per diem in lieu of subsistence at of Homeland Security; plan levels; and rates authorized for employees of agencies

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13636 CONGRESSIONAL RECORD — SENATE October 31, 2007 under subchapter I of chapter 57 of title 5, of each country in specific areas for progress support for survivor services, including hot- United States Code, while away from their in preventing and responding to violence lines and shelters; homes or regular places of business in the against women and girls; ‘‘(F) promoting civil remedies in cases of performance of duties for the Advisory Com- ‘‘(B) identify resources to help implement domestic violence that— mission. programs; and ‘‘(i) prioritize victim safety and confiden- ‘‘(f) REPORT OF THE ADVISORY COMMIS- ‘‘(C) encourage development of national ac- tiality and offender accountability; SION.—Not later than May 1 of each year, the tion plans; ‘‘(ii) grant women and children restraining, Advisory Commission shall submit a report ‘‘(6) for each country, identify 2 or more of protection, or removal orders with appro- to the President, the Secretary of State, the the program activities listed in subsection priate criminal sanctions for violations Committee on Foreign Relations of the Sen- (d) and describe how the selected programs against perpetrators of violence; ate, and the Committee on Foreign Affairs of will prevent and respond to the problem of ‘‘(iii) strengthen and promote women’s cus- the House of Representatives that sets forth violence against women and girls, includ- todial rights over children and protect chil- its findings and recommendations for United ing— dren; and States policy and programs. ‘‘(A) increasing legal and judicial protec- ‘‘(iv) grant courts authority to provide spe- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— tions; cific relief pursuant to a restraining or re- There is authorized to be appropriated ‘‘(B) enhancing the capacity of the health moval order, including restitution, spousal $300,000 for each of the fiscal years 2008 sector to respond to such violence; maintenance, child support, payment of through 2012 to carry out this section.’’. ‘‘(C) increasing opportunities for women debt, or return or equitable distribution of SEC. 102. POLICY AND PROGRAMS. and girls in education and economic develop- property; Chapter 2 of part I of the Foreign Assist- ment; or ‘‘(G) reducing the incidence of violence ance Act of 1961 (22 U.S.C. 2166 et seq.), as ‘‘(D) promoting societal awareness and against women and girls committed by gov- amended by section 101, is further amended changing social norms; ernment officials by developing confidential by adding at the end the following: ‘‘(7) include, as appropriate, strategies de- mechanisms for reporting violence against ‘‘Subtitle B—Policy and Programs signed to accommodate the needs of state- women and girls committed by government less, internally displaced, refugee, or reli- officials and institutions and developing ‘‘SEC. 300G. COMPREHENSIVE INTERNATIONAL gious or ethnic minority women and girls; STRATEGY TO REDUCE AND PRE- laws to punish the perpetrators and remove VENT VIOLENCE AGAINST WOMEN ‘‘(8) project general levels of resources immunity from state officials; AND GIRLS. needed on an annual basis to achieve the ‘‘(H) promoting broader legal protection ‘‘(a) DEVELOPMENT AND IMPLEMENTATION OF stated objective in each country, taking into for women and girls against all forms of vio- STRATEGY.—Not later than 1 year after the account activities and funding provided by lence against women and girls, such as fe- date of the enactment of this title, the Presi- other donor country governments and other male infanticide and female genital mutila- dent, with the assistance of the Coordinator multilateral institutions and leveraging pri- tion, and practices that are associated with of Women’s Global Initiatives and Director vate sector resources; higher rates of violence against women and of Women’s Global Development, shall de- ‘‘(9) include potential coordination with girls, such as child and forced marriage; and velop and commence implementation of a existing programs, initiatives, and expertise ‘‘(I) increasing the number of women advo- comprehensive, 5-year international strategy on preventing and responding to violence cates trained to respond to violence against to prevent and respond to violence against against women and girls that exist within women and girls at police stations, including women and girls internationally, and shall nongovernmental organizations, including the creation of domestic violence units and submit it to the Committee on Foreign Rela- in-country, civil society organizations, par- increasing the number of women police. tions of the Senate and the Committee on ticularly women’s organizations and commu- ‘‘(2) Carrying out health care initiatives, Foreign Affairs of the House of Representa- nity-based groups; including— tives. ‘‘(10) identify the Federal departments and ‘‘(A) promoting the integration of pro- ‘‘(b) COLLABORATION.—In developing the agencies involved in the execution of the rel- grams to prevent and respond to violence strategy under subsection (a), the President, evant program activities; and against women and girls into existing pro- with the assistance of the Coordinator, shall ‘‘(11) describe the monitoring and evalua- grams addressing child survival, women’s consult with— tion mechanisms established for each coun- health, family planning, mental health, and ‘‘(1) the Secretary of State, including the try and how they will be used to assess over- HIV/AIDS prevention, care, and treatment; offices and bureaus listed in section all progress in preventing and responding to ‘‘(B) training of health care providers, in- 300B(b)(3)(B), other executive agencies listed violence against women and girls. cluding traditional birth attendants, on in section 300B(b)(3)(C), United States aid ‘‘(d) PROGRAM ACTIVITIES SUPPORTED.—As- methods to safely and confidentially assess agencies and offices as listed in section sistance provided under this section shall be women and girls seeking health services for 300B(b)(3)(D), the Millennium Challenge Cor- used to carry out, in each of the countries intimate partner, family, and sexual vio- poration listed in section 300B(b)(3)(E), and identified in the strategy required pursuant lence; Interagency Task Force to Monitor and to subsection (a), 2 or more of the following ‘‘(C) developing and enforcing national and Combat Trafficking; and program activities: operational women’s health, children’s ‘‘(2) nongovernmental organizations with ‘‘(1) Increasing legal and judicial protec- health, and HIV/AIDS policies that prevent demonstrated expertise working on violence tions by— and respond to violence against women and against women and girls, women’s health, or ‘‘(A) supporting programs that strengthen girls, with accompanying resources, includ- women’s empowerment issues internation- a coordinated community response to vio- ing through cooperative efforts with min- ally. lence against women and girls, including istries of health; ‘‘(c) CONTENT.—The strategy developed through coordination between judges, police, ‘‘(D) developing information gathering sys- under subsection (a) shall— prosecutors, and legal advocates to enhance tems within the health care sector that, con- ‘‘(1) identify between 10 and 20 eligible prospects for perpetrator accountability; sistent with safety and confidentiality con- countries that are geographically, eth- ‘‘(B) supporting efforts and providing re- cerns, collect and compile data on the type nically, and culturally diverse, and have se- sources to provide training and technical as- of violence experienced by women and girls, vere levels of violence against women and sistance to police, prosecutors, forensic phy- access to care, age of victims, and relation- girls; sicians, lawyers, corrections officers, judges, ship of victims to perpetrators; ‘‘(2) describe the nature and extent of vio- and judicial officials, and where appropriate, ‘‘(E) working with governments to develop lence against women and girls in each coun- to nonlawyer advocates and traditional com- partnerships with civil society organizations try; munity authorities on violence against to create referral networks systems for psy- ‘‘(3) identify how and to what extent the women and girls; chosocial, legal, economic, or other support violence against women and girls in each ‘‘(C) supporting efforts to reform and re- services; and country is negatively affecting goals of im- vise criminal and civil laws to prohibit vio- ‘‘(F) integrating screening and assessment proving the health, education, economic, de- lence against women and girls and create ac- for gender-based violence into HIV/AIDS pro- mocracy and civic participation, criminal countability for perpetrators; gramming and other health programming justice, and internally displaced persons and ‘‘(D) enhancing the capacity of the justice into all country operation plans, and in- refugee management sectors in such country sector, including keeping official records of creasing women’s access to information, and its region; all complaints, collecting and safeguarding strategies, and services to protect them- ‘‘(4) assess the efforts of the government in evidence, systematizing and tracking data selves from HIV/AIDS. each country to prevent and respond to vio- on cases of violence against women and girls, ‘‘(3) Conducting public awareness programs lence against women and girls and assess the and undertaking investigations and evidence to change social norms and attitudes, includ- potential capacity of each country to man- gathering expeditiously; ing— age 2 or more of the gender violence-based ‘‘(E) helping women and girls who are vic- ‘‘(A) supporting women survivors of vio- program activities identified under sub- tims of violence gain access to the justice lence to educate their communities on the section (d); sector and supporting them throughout the impacts of violence; ‘‘(5)(A) describe the programs to be under- legal process, including establishing victim ‘‘(B) engaging men, including faith and tra- taken in cooperation with the governments and witness units for courts and promoting ditional leaders;

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13637 ‘‘(C) providing funding and programmatic ropean Democracy (SEED) Act of 1989 (22 ‘‘(1) The goals and objectives of the com- support for mass media social change cam- U.S.C. 5401 et seq.), the FREEDOM Support prehensive international strategy developed paigns; and Act (22 U.S.C. 5851 et seq.), and other Acts under section 300G(a). ‘‘(D) supporting community efforts to authorizing foreign assistance incorporate, ‘‘(2) The specific criteria used to determine change attitudes about harmful traditional as applicable, measures to prevent and re- the effectiveness of the strategy. practices, including child marriage, female spond to violence against women and girls. ‘‘(3) A description of the coordination of all genital mutilation, and so-called ‘honor ‘‘(b) AUTHORITY.—To implement and exe- United States Government resources and killings’. cute the comprehensive international strat- international activities to prevent and re- ‘‘(4) Improving economic opportunities for egy developed pursuant to section 300G, the spond to the problem of violence against women and girls, including— President is authorized to provide assistance women and girls, including— ‘‘(A) supporting programs to help women to nongovernmental organizations, multilat- ‘‘(A) an identification of the Federal agen- meet their economic needs and to increase eral institutions, and foreign countries for cies involved; their economic opportunities, in both rural program activities described in section ‘‘(B) a description of the coordination be- and urban areas, including through support 300G(d). tween Federal agencies and departments, in- for— ‘‘(c) ALLOCATE NEW FUNDING.—The Coordi- cluding those acting in the eligible coun- ‘‘(i) the establishment and development of nator of the Office of Women’s Global Initia- tries; and businesses (micro, small, and medium-sized tives is authorized to allocate funds to im- ‘‘(C) a description of the coordination with enterprises) through access to financial and plement and execute the comprehensive non-United States Government entities, in- nonfinancial services; and international strategy developed pursuant to cluding the governments of eligible coun- ‘‘(ii) education, literacy, and numeracy section 300G. tries, multilateral organizations and institu- programs, leadership development and job ‘‘(d) USE OF FUNDS.—Any funds made avail- tions, and nongovernmental organizations. skills training, especially in nontraditional able under this section to nongovernmental ‘‘(4) A description of the relationship be- fields and expected growth sectors; organizations must be designated to organi- tween efforts to prevent and respond to vio- ‘‘(B) supporting programs to help increase zations that have demonstrated expertise re- lence against women and girls internation- property rights, social security, and home garding violence against women and girls ally and other United States assistance ownership and land tenure security for internationally, or that are in partnership strategies in developing countries and diplo- women by— with such organizations and that have dem- matic relationships. ‘‘(i) promoting equitable extension of prop- onstrated capabilities or expertise in a par- ‘‘(5) A description of efforts to include gen- erty and inheritance rights, particularly ticular program activity described in sub- der-based violence in United States diplo- rights to familial and marital property; section 300G(d). matic and peacemaking initiatives. ‘‘(ii) promoting legal literacy, including ‘‘(e) GRANTS TO WOMEN’S NONGOVERN- ‘‘(6) A description of any significant efforts among faith and traditional leaders, about MENTAL ORGANIZATIONS AND COMMUNITY- by bilateral and multilateral donors in sup- women’s property rights; and BASED ORGANIZATIONS.—Not less than 10 per- port of preventing and responding to inter- ‘‘(iii) helping women to make land claims cent of the funds awarded in a fiscal year national violence against women and girls. and protecting women’s existing claims and under this section shall be awarded to wom- ‘‘(7) A description of the implementation of advocating for equitable land titling and reg- en’s nongovernmental organizations and the agency-specific guidelines described in istration for women, including safeguards for community-based organizations. section 300B(d)(3)(H). women title-holders in the case of domestic ‘‘(f) AWARD PROCESS.—Funds awarded ‘‘(8) A description of the activities of, and violence disputes; under this section shall be provided through funding provided for programs that prevent ‘‘(C) integrating activities to prevent and an open, competitive, and transparent proc- and respond to violence against women and respond to violence against women and girls ess where possible. girls in humanitarian relief, conflict and into existing economic opportunity pro- ‘‘(g) CONDITIONS.—Entities receiving funds post-conflict operations, including violence grams by— awarded through the grant program estab- perpetrated by humanitarian workers. ‘‘(9) A description of United States train- ‘‘(i) integrating education on violence lished under this section— ing of foreign military and police forces, ju- against women and girls into women’s ‘‘(1) should include the collection of data dicial officials, and humanitarian relief microfinance, microenterprise, and job skills and the evaluation of program effectiveness; grantees to prevent and respond to violence training programs; and ‘‘(2) should be responsible for developing against women and girls. ‘‘(ii) training providers of economic oppor- and reporting on outcomes related to pre- ‘‘(10) A description of data collection ef- tunity services and programs in sensitivity venting and responding to violence against forts conducted under this title. to violence against women and girls; and women and girls; ‘‘(11) Identification of all contractors, sub- ‘‘(D) addressing violence against women ‘‘(3) should gather input from women’s contractors, grantees, and subgrantees re- and girls in the workplace. nongovernmental organizations or commu- nity-based organizations, including organiza- ceiving United States funds for preventing ‘‘(5) Improving educational opportunities and responding to violence against women for women and girls, including— tions with expertise in preventing and re- sponding to violence against women and and girls. ‘‘(A) supporting efforts and providing re- ‘‘(12) Recommendations related to best sources to provide training for all teachers girls; and ‘‘(4) shall consider the safety of women and practices, effective strategies, and suggested and school administrators on school-related improvements to enhance the impact of ef- violence, in particular increasing awareness girls as a primary concern in deciding how to design, implement, monitor, and evaluate forts to prevent and respond to violence of violence against women and girls, and to against women and girls. improve reporting, referral, and implementa- programs. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(13) A description of efforts to evaluate tion of codes of conduct; the accountability and efficacy of the pro- ‘‘(B) working to ensure the safety of girls ‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Office of Women’s Global grams funded pursuant to section 300H(g). during their travel to and from school and on ‘‘(14) A compilation of the descriptions on school grounds; Initiatives $175,000,000 for each of the fiscal years 2008 through 2012 to carry out this sec- the nature and extent of violence against ‘‘(C) including programs for girls and boys women and girls included in the annual on the unacceptability of violence against tion and section 300G. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- Human Rights Reports required under sec- women and girls; and tion 116(d) of the Foreign Assistance Act of ‘‘(D) conducting national and baseline sur- propriated pursuant to paragraph (1) shall remain available until expended. 1961, as amended by this Act. veys to collect data on school-related vio- ‘‘(15) The identification of countries or re- lence against women and girls. ‘‘(3) NONSUPPLANTATION.—Funds authorized and appropriated under this Act shall supple- gions with critical outbreaks of violence ‘‘SEC. 300H. ASSISTANCE TO REDUCE INTER- ment, not supplant, existing funds otherwise against women and girls described in sub- NATIONAL VIOLENCE AGAINST section 300L(h), including— WOMEN AND GIRLS INTERNATION- available for activities under this title. ‘‘(A) an analysis of the situations, includ- ALLY. ‘‘SEC. 300I. ANNUAL REPORT ON UNITED STATES ‘‘(a) COORDINATING EXISTING AID PRO- EFFORTS TO END INTERNATIONAL ing the factors driving the violence, the role GRAMS.—The Coordinator of the Women’s VIOLENCE AGAINST WOMEN AND of government, militia, rebel, or other armed Global Initiatives, working with the Director GIRLS. forces in the violence; and of the Office of Women’s Global Develop- ‘‘(a) IN GENERAL.—Not later than 1 year ‘‘(B) an analysis of United States and other ment, shall ensure that existing programs, after the submission of the comprehensive multilateral, bilateral, or governmental ef- contracts, grants, agreements, and foreign international strategy developed under sec- forts to prevent or respond to the violence, assistance under the Foreign Assistance Act tion 300G, and annually thereafter, the Sec- assist survivors, or hold the perpetrators ac- of 1961 (22 U.S.C. 2166 et seq.), the Migration retary of State, assisted by the Coordinator countable. and Refugee Assistance Act of 1962 (22 U.S.C. of Women’s Global Initiatives, shall submit ‘‘(16) A description of United States re- 2601 et seq.), the Trafficking Victims Protec- to Congress a report to be entitled the ‘Re- sources that are being used— tion Act of 2000 (22 U.S.C. 7101 et seq.), the port on International Violence Against ‘‘(A) to assist in efforts to prevent or re- United States Leadership Against HIV/AIDS, Women and Girls’. spond to the critical outbreaks of violence Tuberculosis and Malaria Act of 2003 (22 ‘‘(b) CONTENT.—The report required under described in section 300L(h); U.S.C. 7601 et seq.), the Support for East Eu- subsection (a) shall include the following: ‘‘(B) assist survivors of such violence;

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13638 CONGRESSIONAL RECORD — SENATE October 31, 2007 ‘‘(C) hold perpetrators accountable for such peacekeeping operations includes training on priated pursuant to paragraph (1) may not be violence; and preventing and responding to violence provided at the expense of other humani- ‘‘(D) encourage all parties to the armed against women and girls internationally. tarian programs. conflict to protect women and girls from vio- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) ACTIVITIES OF THE UNITED STATES lence. There is authorized to be appropriated AGENCY FOR INTERNATIONAL DEVELOPMENT.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— $8,000,000 for each of the fiscal years 2008 The Administrator of the United States There are authorized to be appropriated to through 2012 to carry out the activities Agency for International Development, in the Secretary of State to meet the reporting under this section. consultation with the Coordinator of Wom- requirements under this section— ‘‘SEC. 300L. ADDRESSING VIOLENCE AGAINST en’s Global Initiatives, shall designate and ‘‘(1) $2,500,000 for fiscal year 2008; and WOMEN AND GIRLS IN HUMANI- deploy, as appropriate, protection officers as TARIAN RELIEF, PEACEKEEPING, ‘‘(2) $500,000 for each of the fiscal years 2009 an integral part of Disaster Assistance Re- through 2012. CONFLICT, AND POST-CONFLICT OP- ERATIONS. sponse Teams to ensure that programs to ‘‘SEC. 300J. DATA COLLECTION. ‘‘(a) DEFINITIONS.—In this section, the term prevent and address violence against women ‘‘(a) IN GENERAL.—The Coordinator of ‘Inter-Agency Standing Committee’ means and girls are integrated into humanitarian Women’s Global Initiatives, assisted by the the committee established in response to relief, conflict, and post-conflict operations. Administrator of the United States Agency United Nations General Assembly Resolution ‘‘(e) ACTIVITIES OF THE DEPARTMENT OF for International Development and the Di- 46/182 (1991). STATE.—Not later than 180 days after the rector of the Women in Development Office, ‘‘(b) ACTIVITIES OF THE DEPARTMENT OF date of the enactment of this title, the Sec- shall be responsible for researching, col- STATE THE UNITED STATES AGENCY FOR retary of State shall submit a report to Con- lecting, monitoring, and evaluating data re- INTERNATIONAL DEVELOPMENT.—The Sec- gress on efforts to— lated to efforts to prevent and respond to vi- retary of State and the Administrator of the olence against women and girls internation- ‘‘(1) require that all private military con- United States Agency for International De- tracting firms hired by the Department of ally. velopment shall— ‘‘(b) USE OF FUNDS.—Funds made available State for humanitarian relief, conflict, and ‘‘(1) in consultation with the Coordinator under this section may be used for the fol- post-conflict operations— of Women’s Global Initiatives, provide as- lowing purposes: ‘‘(A) demonstrate a commitment to ex- sistance to programs that prevent and re- ‘‘(1) To collect and analyze data on the panding the number and roles of women in spond to violence against women and girls in scope and extent of all forms of violence such operations; all humanitarian relief, conflict, and post- against women and girls, including under- ‘‘(B) train all contractors who will be de- conflict operations, including— documented forms of violence and violence ployed to humanitarian relief, conflict, or ‘‘(A) building the capacity of nongovern- against marginalized groups. This work may post-conflict operations in preventing and mental organizations to address the special include original research or analysis of exist- responding to violence against women and protection needs of women and children af- ing data sets. girls. including in the use of mechanisms to fected by humanitarian, conflict, or post- ‘‘(2) To help governments of countries sys- report violence against women and girls; conflict operations; tematically collect and analyze data on vio- ‘‘(C) conduct appropriate public outreach ‘‘(B) supporting local and international lence against women and girls, including to make known to the host community the nongovernmental initiatives to prevent, de- both national surveys and data collected by mechanisms to report violence against tect, and report violence against women and service providers. women and girls; and girls; ‘‘(3) To use internationally comparable in- ‘‘(D) promptly and appropriately respond ‘‘(C) conducting protection and security as- dicators, norms, and methodologies for to reports of violence against women and sessments for refugees and internally dis- measuring the scope, prevalence, and inci- girls and treat survivors in accordance with placed persons in camps or in communities dence of violence against women and girls. best practices regarding confidentiality; and to improve the design and security of camps, ‘‘(4) To include data on violence against ‘‘(2) assist women and girls formally in- with special emphasis on the security of women and girls in national and inter- volved in, or associated with, fighting forces women and girls; national data collection efforts, including as part of any multilateral or bilateral Dis- ‘‘(D) supporting efforts to reintegrate sur- those administered and funded by the United armament, Demobilization, Rehabilitation vivors of a humanitarian relief, conflict, or States Agency for International Develop- and Reintegration efforts by providing— post-conflict operation through education, ment, the Millennium Challenge Corpora- ‘‘(A) protection and suitable separate fa- psychosocial assistance, trauma counseling, cilities for women and girls in demobiliza- tion, and the Centers for Disease Control and family and community reinsertion and re- Prevention. unification, and medical assistance; and tion and transit centers; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) providing legal services for women ‘‘(B) equitable reintegration activities and There is authorized to be appropriated and girls who are victims of violence during opportunities to women and girls, including $20,000,000 for each of the fiscal years 2008 a humanitarian relief, conflict or post-con- access to schooling, vocational training, em- through 2012 to carry out the activities ployment, and childcare; and under this section. flict operation, including the collection of evidence for war crime tribunals and advo- ‘‘(C) essential medical care and psycho- ‘‘SEC. 300K. ENHANCING UNITED STATES TRAIN- cacy for legal reform; and social support for women and girls who are ING OF FOREIGN MILITARY AND PO- victims of gender-based violence. LICE FORCES ON VIOLENCE ‘‘(2) require that all grantees deployed in ‘‘(f) ACTIVITIES OF THE DEPARTMENT OF DE- AGAINST WOMEN AND GIRLS. humanitarian relief, conflict, and post-con- FENSE.—The Secretary of Defense shall— ‘‘(a) PURPOSE.—The purpose of this section flict operations— is to ensure that United States programs to ‘‘(A) comply with the Inter-Agency Stand- ‘‘(1) in consultation with the Coordinator train foreign military and police forces and ing Committee’s Six Core Principles Relat- of Women’s Global Initiatives and the Direc- judicial officials include instruction on pre- ing to Sexual Exploitation and Abuse; tor of the Office of Military Affairs of the venting and responding to violence against ‘‘(B) train all humanitarian workers in pre- Bureau of Democracy, Conflict and Humani- women and girls internationally. venting and responding to violence against tarian Assistance of the United States Agen- ‘‘(b) COVERED PROGRAMS.—The programs women and girls, including in the use of cy for International Development, provide covered under this section include— mechanisms to report violence against training in preventing and responding to vio- ‘‘(1) activities authorized under the For- women and girls; lence against civilian women and girls to all eign Assistance Act of 1961 (22 U.S.C. 2151 et ‘‘(C) conduct appropriate public outreach United States military personnel, military seq.); and to make known to the host community the contractors, military observers, and military ‘‘(2) activities under section 1206 of the Na- mechanisms to report violence against police forces who will be deployed to human- tional Defense Authorization Act for Fiscal women and girls; and itarian relief, conflict, and post-conflict op- Year 2006 (Public Law 109–163; 119 Stat. 3456) ‘‘(D) promptly and appropriately respond erations; to build the capacity of foreign military and to reports of violence against women and ‘‘(2) in consultation with the Coordinator police forces to conduct counterterrorist op- girls and treat survivors in accordance with of Women’s Global Initiatives and the Direc- erations or support military and stability best practices regarding confidentiality. tor of the Office of Military Affairs of the operations in which the United States is par- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Bureau of Democracy, Conflict and Humani- ticipating. ‘‘(1) IN GENERAL.—There is authorized to be tarian Assistance, establish mechanisms for ‘‘(c) AUTHORIZATION.—The Secretary of appropriated to the Department of State and reporting incidences of violence against ci- State and the Secretary of Defense, in con- the United States Agency for International vilian women and girls by United States sultation with the Coordinator of Women’s Development $40,000,000 for each of the fiscal military personnel, military contractors, Global Initiatives, shall— years 2008 through 2010 for programs de- military observers, and police forces partici- ‘‘(1) incorporate training on how to prevent scribed in subsection (b)(1) that prevent and pating in humanitarian relief, peacekeeping, and respond to violence against women and respond to violence against women and girls and post-conflict operations; and girls into the basic training curricula of for- in humanitarian relief, conflict, and post- ‘‘(3) establish appropriate public outreach eign military and police forces and judicial conflict operations, in addition to amounts to notify the civilian population of the officials; and otherwise available for such purposes. mechanisms for reporting incidences of vio- ‘‘(2) ensure that United States assistance ‘‘(2) FUNDING NOT AT EXPENSE OF OTHER HU- lence against civilian women and girls by to units involved in regional or multilateral MANITARIAN PROGRAMS.—Any amounts appro- United States military personnel, military

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13639 contractors, military observers, and police against women and girls in situations of SEC. 103. INCLUSION OF INFORMATION ON VIO- forces. armed conflict when it is determined that LENCE AGAINST WOMEN AND GIRLS ‘‘(g) ADDRESSING VIOLENCE AGAINST CIVIL- the violence is being used as a weapon of in- IN HUMAN RIGHTS REPORTS. IAN WOMEN AND GIRLS BY UNITED NATIONS timidation and abuse. Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended— PEACEKEEPERS.— ‘‘(2) DETERMINATION.—Violence against (1) in paragraph (10), by striking ‘‘; and’’ ‘‘(1) DEPARTMENT OF STATE ACTIVITIES.— women and girls shall be determined to be a and inserting a semicolon; The Secretary of State shall encourage ‘critical outbreak’ if— member states of the United Nations— (2) in paragraph (11)(C), by striking the pe- ‘‘(A) a United States Government report, ‘‘(A) to support expanding the number and riod at the end and inserting ‘‘; and’’; and allied government information, or credible roles of female officers in all United Nations (3) by adding at the end the following: peacekeeping missions, whether as military non-governmental or media accounts depict ‘‘(12) wherever applicable, the nature and forces, civilian police, or military observers; a widespread pattern of violence against extent of violence against women and girls.’’. women or girls, particularly rape and other and TITLE II—OTHER PROVISIONS ‘‘(B) to routinely put forward the names of forms of sexual abuse, that is escalating in qualified female candidates for senior United the number of victims or brutality of at- SEC. 201. AMENDMENTS TO FOREIGN SERVICE ACT OF 1980. Nations military and civilian management tacks and that takes place in an environ- (a) PERFORMANCE PAY.—Section 405 of the positions, particularly for overseas missions. ment of relative impunity; or Foreign Service Act of 1980 (22 U.S.C. 3965) is ‘‘(2) SENSE OF CONGRESS REGARDING ACTIONS ‘‘(B) escalating violence against women or amended by adding at the end the following: OF UNITED NATIONS PEACEKEEPERS.—It is the girls is part of an organized campaign by ‘‘(f) PROMOTION OF HUMAN RIGHTS.—Service sense of Congress that the Secretary-General governmental or rebel forces or militias. in the promotion of internationally recog- of the United Nations should continue to ‘‘(3) EMERGENCY MEASURES.—Not later than nized human rights, including preventing strengthen the existing ability of the United 180 days after the identification of a critical and responding to violence against women Nations Department of Peacekeeping Oper- outbreak, the Secretary of State, in con- and girls, shall serve as a basis for the award ations and the Department of Field Support sultation with the Coordinator of Women’s of performance pay.’’. to prevent and respond to violence against Global Initiatives, the Director of National women and girls by United Nations military (b) FOREIGN SERVICE AWARDS.—Section 614 Intelligence, and the Secretary of Defense, of the Foreign Service Act of 1980 (22 U.S.C. and civilian personnel by— shall develop emergency measures to re- ‘‘(A) requiring that troop contributing 4013) is amended by inserting ‘‘and pre- spond to the outbreak identified under para- venting and responding to violence against countries properly train all soldiers on the graph (1). United Nations guidelines regarding appro- women and girls’’ after ‘‘religion’’. ‘‘(4) CONSULTATION.—In developing emer- (c) FOREIGN SERVICE TRAINING.—Chapter 2 priate conduct towards civilians, in par- gency measures under paragraph (1), the Sec- ticular those guidelines that address vio- of title I of the Foreign Service Act of 1980 is retary of State, with the assistance of the lence against women and girls, before par- amended by adding at the end the following: Coordinator, shall consult with— ticipation in United Nations peacekeeping ‘‘SEC. 212. TRAINING FOR FOREIGN SERVICE OF- ‘‘(A) nongovernmental organizations with missions; FICERS. ‘‘(B) supporting the expansion of the role demonstrated expertise working on pre- ‘‘The Secretary of State, assisted by the and number of female officers in all United venting and addressing systematic violence Coordinator of Women’s Global Initiatives, Nations peacekeeping missions, whether as against women and girls as a weapon of in- shall include, as part of the standard train- military forces, civilian police, or military timidation and abuse in situations of con- ing provided for officers of the Service (in- observers; flict and war; and cluding chiefs of mission), instruction on ‘‘(C) strongly encouraging all United Na- ‘‘(B) international organizations, such as international violence against women and tions member states to routinely put for- the United Nations and its subsidiary funds, girls, including domestic and sexual violence ward the names of qualified female can- agencies, and programs, which are pre- against women and girls in humanitarian re- didates for senior United Nations military venting and addressing systematic violence lief, conflict, and post-conflict operations.’’. and civilian management positions, particu- against women and girls as a weapon of in- SEC. 202. SUPPORT FOR MULTILATERAL EF- larly for overseas missions; timidation and abuse in situations of con- FORTS TO END VIOLENCE AGAINST ‘‘(D) ensuring appropriate mechanisms are flict and war. WOMEN AND GIRLS. in place for individuals to safely bring alle- ‘‘(5) CONTENT.—The emergency measures There is authorized to be appropriated to gations of violence against women and girls developed under paragraph (1) shall include a the International Organizations and Pro- to the attention of United Nations peace- description of— grams Account $5,000,000 for each of fiscal keeping mission commanders and the United ‘‘(A) the bilateral and multilateral diplo- years 2008 through 2012 to support the United Nations Office of Internal Oversight; matic efforts that the Secretary of State will Nations Development Fund for Women Trust ‘‘(E) ensuring the capability and capacity take to address the critical outbreak, includ- Fund in Support of Actions to Eliminate Vi- for the United Nations Office of Internal ing— olence Against Women. Oversight to investigate all credible allega- ‘‘(i) efforts with the government in which SECTION-BY-SECTION SUMMARY OF THE INTER- tions of violence against women and girls the violence is occurring, governments of the NATIONAL VIOLENCE AGAINST WOMEN ACT OF timely and efficiently, and in a manner that region in which the violence is occurring, 2007 protects the whistleblower; and other allied governments; and Sec. 1. Short Title. ‘‘(F) improving informational programs for ‘‘(ii) efforts in international fora, such as Sec. 2. Table of Contents. all United Nations personnel on their respon- the United Nations and its subsidiary agen- Sec. 3. Findings.—This section details the sibility to prevent violence against women cies, funds and programs, including in the magnitude of the problem of violence against and girls and not to engage in acts of vio- United Nations Security Council, as appro- women and girls in families, communities, lence against women and girls; priate; and and countries around the world. ‘‘(G) demanding that troop contributing ‘‘(B) the efforts by the United States Gov- Sec. 4. Statement of Policy.—This section countries— ernment to— states that it is U.S. policy to promote wom- ‘‘(i) thoroughly investigate allegations of ‘‘(i) protect women and girls at risk in a en’s political, economic, educational, social, their nationals engaging in violence against critical outbreak region; cultural, civil, and human rights and oppor- women and girls while serving on United Na- ‘‘(ii) urge all parties to the armed conflict tunities throughout the world and to prevent tions peacekeeping missions; and to protect women and girls; and and respond to violence against women and ‘‘(ii) punish those found guilty of such mis- ‘‘(iii) facilitate the prosecution of those re- girls. conduct; and sponsible for the violence in a critical out- Sec. 5. Definitions.—This section defines ‘‘(H) continuing to permanently exclude in- break area. ‘‘violence against women as ‘‘any act of gen- dividuals found to have engaged in violence ‘‘(6) NOTICE.—The Secretary of State shall der-based violence against women or girls against women and girls as well as troop committed because of their gender that re- contingent commanders and civilian mana- notify Congress of efforts to respond to crit- ical outbreaks, including a description of the sults in, or is likely to result in, physical, gerial personnel complicit in such behavior, sexual, or psychological harm or suffering to from participating in future United Nations bilateral and multilateral diplomatic efforts of the Department of State. women, including threats of such acts, coer- peacekeeping missions. cion, or arbitrary deprivations of liberty, ‘‘(h) EMERGENCY MEASURES FOR CRITICAL ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— whether occurring in public or private life.’’ OUTBREAKS OF VIOLENCE DURING CONFLICT OR In addition to amounts authorized to be ap- (Identical to the widely-used, internation- POST-CONFLICT OPERATIONS.— propriated under subsection (c), there is au- ally-accepted definition.) ‘‘(1) EMERGENCY RESPONSE TO CRITICAL OUT- thorized to be appropriated such sums as BREAKS.—The Secretary of State, in con- TITLE I: COORDINATION AND POLICY PLANNING sultation with the Coordinator of Women’s may be necessary for emergency measures, Sec. 101. Official Positions and Institu- Global Initiatives, the Director of National including the expansion of reporting mecha- tional Changes.—This section amends chap- Intelligence, and the Secretary of Defense, nisms and programs, for each critical out- ter 2, part I of the Foreign Assistance Act of shall identify and take emergency measures break of violence identified under this sec- 1961 (22 U.S.C. 2166 et seq) by adding the fol- to respond to critical outbreaks of violence tion.’’. lowing new title: ‘‘Title XIII—International

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.037 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13640 CONGRESSIONAL RECORD — SENATE October 31, 2007 Prevention of Violence Against Women and The strategy will identify 10–20 low to mid- sistance to regional or multilateral peace- Girls’’. dle income countries that have severe levels keeping units. Under this section, $8,000,000 Sec. 300A. Violence Against Women and of gender-based violence. The strategy will is authorized for each of fiscal years 2008–2012 Girls Defined.—‘‘Violence against women’’ is describe the violence problems in each coun- to carry out such training activities. defined in section 5 of the International Vio- try and how the domestic and/or sexual vio- Sec. 300L. Addressing Violence Against lence Against Women Act of 2007. lence is preventing sustainable progress in Women and Girls in Humanitarian Relief, SUBTITLE A—OFFICIAL POSITIONS AND meeting humanitarian and/or development Peacekeeping, Conflict, and Post-Conflict INSTITUTIONAL CHANGES goals. The strategy will assess each coun- Operations.—This section increases the abil- try’s capacity for change and the necessary ity of the United States Agency for Inter- Sec. 300B. Office of Women’s Global Initia- collaboration. For each country, the strat- national Development, the Department of tives.—This section establishes an ‘‘Office of egy will describe two or more new programs State and the Department of Defense to pre- Women’s Global Initiatives’’ in the imme- that will be implemented to address the gen- vent and address violence against women and diate office of the Secretary of State. The der-based violence. The strategy will explain girls in humanitarian relief, peacekeeping, Coordinator of the Office of Women’s Global the coordination with existing country pro- conflict and post-conflict operations. Initiatives (the ‘‘Coordinator’’) will be ap- grams, experts and organizations and will Programs and grantee training.—Under pointed by the President with the advice and identify what U.S. government agencies will this section, the Secretary of State and Ad- consent of the Senate and with the rank and be involved for each country initiative. Fi- ministrator of USAID shall include programs status of Ambassador at Large. The Coordi- nally, the strategy mandates monitoring, as- to prevent and respond to violence against nator will design, oversee, and coordinate ac- sessment and accountability mechanisms for women and girls in all humanitarian relief, tivities of the U.S. Government related to each country’s programs. conflict, and post-conflict operations under international women’s issues, including vio- As mentioned, the strategy will designate their authority. There is authorized to be ap- lence against women and girls, and will de- two or more programs to be implemented in propriated $40,000,000 for each of fiscal years velop the comprehensive international strat- each of the selected countries. This section 2008–2012 to carry out such activities. egy as provided in this bill. The Coordinator sets forth a menu of possible, new gender- The Secretary of State and Administrator will integrate efforts to reduce violence based violence program activities within five of USAID shall also require that all grantees against women into existing U.S. Govern- different sectors—legal reform and judicial that are deployed in such operations comply ment assistance programs; allocate new protection, health care initiatives, public with the Inter-Agency Standing Committee funding to new programs; design, integrate, awareness campaigns, economic improve- Guidelines for Gender-Based Violence, and and implement new programs; and monitor ments and increasing educational opportuni- train all humanitarian workers in pre- and evaluate all programs. This section au- ties. venting and responding to violence against thorizes the appropriation of $15,000,000 for Sec. 300H. Assistance to Reduce Violence women and girls. Such training shall include each of the fiscal years 2008–2012 to perform Against Women and Girls Internationally.— the use of mechanisms to report violence these office functions. This section authorizes the Coordinator to against women and girls. Grantees shall be Sec. 300C. Women’s Global Development incorporate measures combating violence required to conduct public outreach cam- Office.—This section establishes the Office of against women into existing acts and gov- paigns to make known to the host commu- Women’s Global Development within the ernment legislation. It gives the Coordinator nity the mechanisms to report incidents of United States Agency for International De- authority to provide annually $175 million of violence against women and girls, promptly velopment (USAID). The head of the office new funding to federal agencies, NGOs, com- respond to reports of such violence, and treat will be the Director of Women’s Global De- munity-based organizations, foreign govern- survivors confidentially. velopment (the ‘‘Director’’), who will be ap- ments, and multilateral institutions seeking Disaster Assistance Response Teams pointed by the President with the advice and to prevent and to reduce violence against (DARTS).—This section also mandates that consent of the Senate and will report di- women through the activities described in the Administrator of USAID deploy, as ap- rectly to the Administrator. The Director the international strategy. propriate, protection officers as part of Dis- will consult regularly with the Coordinator Sec. 300I. Annual Report on International aster Assistance Response Teams (DART) to of the Office of Women’s Global Initiatives. Violence Against Women and Girls.—This implement programs to prevent and address The Director will integrate gender into section determines that, not more than one violence against women and girls. USAID programs and activities and will en- year after the enactment of this Act, the State Department Report on Private Mili- sure that efforts to prevent and respond to Secretary, with the assistance of the Coordi- tary Contractors and DDR efforts.—Under violence against women and girls are inte- nator and the Director, will submit an an- this section, the Secretary of State is re- grated into U.S. Government assistance pro- nual report to Congress on the U.S. progress quired to submit a report outlining the De- grams. This section authorizes the appro- to end international violence against women partment’s efforts to require that all private priation of $15,000,000 for each of the fiscal and girls. The report will incorporate the military contracting firms hired for humani- years 2008–2012 to perform these office func- comprehensive international strategy and tarian relief, conflict, and post-conflict oper- tions. detail the progress of the grant programs, ations demonstrate a commitment to ex- Sec. 300D. Advisory Commission on Inter- the collaboration with multinational organi- panding the number and role of women, and national Violence Against Women and zations, the training administered to human- train all contractors in preventing and re- Girls.—This section establishes an Advisory itarian and military forces on gender-based sponding to violence against women and Commission on International Violence violence, and the status of best practices de- girls, including in the use of mechanisms to Against Women in the Department of State. veloped to address the violence. This section report such violence. The Advisory Commission will be composed authorizes the appropriation of $2,500,000 for The report shall also include information of the Coordinator of Women’s Global Initia- the year 2008 and $500,000 for each of fiscal on the Department’s efforts to establish pro- tives, the Director of the Women’s Global years 2009–2012 to generate the report. grams to assist women and girls as part of Development Office, eight members ap- Sec. 300J. Data Collection, Research, Moni- any multilateral or bilateral Disarmament, pointed by the President, three members ap- toring, and Evaluation.—This section states Demobilization, Rehabilitation and Re- pointed by the President pro tempore of the that the Coordinator, with the assistance of integration [DDRR] programs. Senate, and three members appointed by the the Administrator of USAID and the Direc- Emergency Measures to respond to vio- Speaker of the House of Representatives. tor of the Women’s Global Development Of- lence in Armed Conflict.—This section re- Members will have expertise in the issue of fice, is responsible for researching, col- quires the Secretary of State to take emer- violence against women and girls inter- lecting, monitoring, and evaluating data on gency measures to identify and respond to nationally and will include representatives the effectiveness of programs designed as ‘‘critical outbreaks’’ of violence against of nongovernmental organizations (NGOs), part of the global strategy to address vio- women and girls being used as a weapon of and academics. This section authorizes the lence against women and girls. Funds will be intimidation and abuse in situations of con- appropriation of $300,000 for each of fiscal used to conduct national surveys and origi- flict and war, and shall notify Congress with years 2008–2012 to carry out the Commis- nal research, and to monitor the effective- a description, including bilateral and multi- sion’s activities. ness of new and existing programs. This sec- lateral efforts with the government in which Sec. 102. Policy and Programs.—This sec- tion authorizes the appropriation of the violence is occurring, and governments tion adds the new subtitle: ‘‘Subtitle B—Pol- $20,000,000 to carry out the activities listed. of the surrounding region. icy and Programs’’. Sec. 300K. Enhancing United States Train- Department of Defense Training.—This Sec. 300G. Comprehensive International ing of Foreign Military and Police Forces on section requires the Secretary of Defense to Strategy to Reduce and Prevent Violence Violence Against Women and Girls.—This provide training in preventing and respond- Against Women and Girls.—This section section mandates that the Secretary of State ing to violence against civilian women and mandates the President, with the assistance and the Secretary of Defense report to Con- girls to all United States military personnel of the Coordinator of Women’s Global Initia- gress on efforts to incorporate instruction on and contractors who will be deployed to hu- tives and the Director of the Women’s Global preventing and responding to violence manitarian relief, conflict, and post-conflict Development Office, within one year of the against women and girls in all basic training operations. The training must include mech- enactment of the Act, to submit to Congress curricula of foreign military and police anisms for reporting incidences of violence, a 5–year, comprehensive strategy to combat forces and judicial officials, and that such as well as public outreach to make known to violence against women internationally. training shall be a component of all U.S. as- the civilian population the mechanisms.

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.042 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13641 Sense of the Senate Concerning U.N. SENATE RESOLUTION 362—RECOG- AMENDMENTS SUBMITTED AND Peacekeepers.—This section expresses the NIZING 2007 AS THE YEAR OF PROPOSED Sense of the Senate that the UN Secretary THE 100TH ANNIVERSARY OF SA 3491. Mr. DEMINT submitted an amend- General should strengthen the United Na- THE AMERICAN SOCIETY OF tions’ capability to prevent and respond to ment intended to be proposed by him to the violence against civilian women and girls by AGRONOMY bill H.R. 3963, to amend title XXI of the So- United Nations Peacekeepers. Mr. HARKIN (for himself and Mr. cial Security Act to extend and improve the Children’s Health Insurance Program, and Sec. 104. Inclusion of Information on Vio- CHAMBLISS) submitted the following for other purposes; which was ordered to lie lence Against Women and Girls in Human resolution; which was considered and on the table. Rights Reports.—This section amends Sec- agreed to: SA 3492. Mr. DEMINT submitted an amend- tion 116(d) of the Foreign Assistance Act of S. RES. 362 ment intended to be proposed by him to the 1961 (22 U.S.C. 2151n) to include a description Whereas the American Society of Agron- bill H.R. 3963, supra; which was ordered to lie of the nature and extent of violence against omy was founded on December 31, 1907, with on the table. women in the Department of State’s annual Mark A. Carleton as the first President of SA 3493. Mr. DEMINT submitted an amend- Human Rights Report. the Society; ment intended to be proposed by him to the TITLE II: OTHER PROVISIONS Whereas the American Society of Agron- bill H.R. 3963, supra; which was ordered to lie omy is one of the premier scientific societies Sec. 201. Amendments to Foreign Service on the table. in the world, as demonstrated by first-class Act of 1980.—This section amends Section 405 SA 3494. Mr. DEMINT submitted an amend- journals, international and regional meet- of the Foreign Service Act of 1980 (22 U.S.C. ment intended to be proposed by him to the ings, and development of a broad range of 3965) to provide that service in the pro- bill H.R. 3963, supra; which was ordered to lie educational opportunities; motion of human rights, including the rights on the table. Whereas the science and scholarship of the SA 3495. Mr. DEMINT submitted an amend- of women and girls, will serve as a basis for American Society of Agronomy are mission- performance pay. ment intended to be proposed by him to the directed, and seek to foster exploration and bill H.R. 3963, supra; which was ordered to lie Sec. 212. Training for Foreign Service Offi- application of agronomic science, with the on the table. cers.—This section amends Chapter 2 of title goal of increasing and disseminating knowl- SA 3496. Mr. COBURN submitted an amend- I of the Foreign Service Act of 1980 to pro- edge concerning the nature, use, improve- ment intended to be proposed by him to the vide for training for foreign service officers ment, and interrelationships of plants, soil, bill H.R. 3963, supra; which was ordered to lie on international violence against women. water, and the environment; on the table. Sec. 202. Support For Multilateral Efforts Whereas the American Society of Agron- to End Violence Against Women and Girls.— omy strives to obtain that goal by pro- f This section authorizes the appropriation of moting effective research, disseminating sci- $5,000,000 for each of fiscal years 2008–2012 to entific information, facilitating technology TEXT OF AMENDMENTS the United Nations Development Fund for transfer, fostering high standards of edu- Women (UNIFEM) Trust Fund in Support of cation, striving to maintain high standards SA 3491. Mr. DEMINT submitted an Actions to Eliminate Violence Against of ethics, promoting advancements in the amendment intended to be proposed by Women. agronomy profession, and cooperating with him to the bill H.R. 3963, to amend title other organizations with similar objectives; XXI of the Social Security Act to ex- Whereas the American Society of Agron- f tend and improve the Children’s Health omy significantly contributes to the sci- Insurance Program, and for other pur- entific and technical knowledge necessary to SUBMITTED RESOLUTIONS protect and sustain natural resources in the poses; which was ordered to lie on the United States; table; as follows: Whereas the American Society of Agron- At the appropriate place, insert the fol- omy has a critical international role in de- lowing: SENATE RESOLUTION 361—TO PER- veloping sustainable agricultural manage- TITLE ll—HEALTH CARE CHOICE ment standards for the protection of land re- MIT THE COLLECTION OF DONA- SEC. l01. SHORT TITLE. TIONS IN SENATE BUILDINGS TO sources; Whereas the mission of the American Soci- This title may be cited as ‘‘Health Care BE SENT TO UNITED STATES ety of Agronomy continues to expand, from Choice Act of 2007’’. MILITARY PERSONNEL ON AC- the development of sustainable production of SEC. l02. SPECIFICATION OF CONSTITUTIONAL TIVE DUTY OVERSEAS PARTICI- food, fiber, and forage, to the production of AUTHORITY FOR ENACTMENT OF PATING IN OR IN SUPPORT OF renewable energy and biobased industrial LAW. OPERATION IRAQI FREEDOM, OP- products; This title is enacted pursuant to the power Whereas the American Society of Agron- granted Congress under article I, section 8, ERATION ENDURING FREEDOM, clause 3, of the United States Constitution. AND THE WAR ON TERRORISM omy certifies a body of professional Certified Crop Advisors and Certified Professional SEC. l03. FINDINGS. Mr. MCCONNELL (for himself, Mr. Agronomists who work closely with agricul- Congress finds the following: REID, and Mr. BENNETT) submitted the tural producers to develop nutrient manage- (1) The application of numerous and sig- following resolution; which was consid- ment plans that are designed to minimize en- nificant variations in State law impacts the ability of insurers to offer, and individuals to ered and agreed to: vironmental risk in production agriculture; Whereas, in industry, extension, and basic obtain, affordable individual health insur- S. RES. 361 research, the American Society of Agronomy ance coverage, thereby impeding commerce in individual health insurance coverage. Resolved, has fostered a dedicated professional and sci- entific community that, in 2007, includes (2) Individual health insurance coverage is SECTION 1. COLLECTION OF DONATIONS TO more than 8,015 members and 13,015 certified increasingly offered through the Internet, UNITED STATES MILITARY PER- crop advisor professionals; and other electronic means, and by mail, all of SONNEL. Whereas the American Society of Agron- which are inherently part of interstate com- (a) IN GENERAL.—Notwithstanding any omy was the parent society that led to the merce. other provision of the rules or regulations of formation of both the Crop Science Society (3) In response to these issues, it is appro- the Senate— of America and the Soil Science Society of priate to encourage increased efficiency in (1) a Senator, officer, or employee of the America and later fostered the common the offering of individual health insurance Senate may collect from another Senator, overall management of these 3 related soci- coverage through a collaborative approach officer, or employee of the Senate within eties: Now, therefore, be it by the States in regulating this coverage. Senate buildings nonmonetary donations to Resolved, That the Senate— (4) The establishment of risk-retention be sent to United States military personnel (1) recognizes 2007 as the 100th anniversary groups has provided a successful model for on active duty overseas participating in or in year of the American Society of Agronomy; the sale of insurance across State lines, as support of Operation Iraqi Freedom, Oper- (2) commends the American Society of the acts establishing those groups allow in- ation Enduring Freedom, and the war on ter- Agronomy for 100 years of dedicated service surance to be sold in multiple States but reg- rorism; and to advance the science and practice of agron- ulated by a single State. (2) a Senator, officer, or employee of the omy; and SEC. l04. COOPERATIVE GOVERNING OF INDI- Senate may work with a nonprofit organiza- (3) acknowledges the promise of the Amer- VIDUAL HEALTH INSURANCE COV- tion with respect to the delivery of dona- ican Society of Agronomy to continue to en- ERAGE. tions that are collected as described in para- rich the lives of all citizens, by improving (a) IN GENERAL.—Title XXVII of the Public graph (1). stewardship of the environment, combating Health Service Act (42 U.S.C. 300gg et seq.) is (b) EFFECTIVE PERIOD.—This resolution world hunger, and enhancing the quality of amended by adding at the end the following shall be in effect until December 31, 2007. life for the next 100 years and beyond. new part:

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.043 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13642 CONGRESSIONAL RECORD — SENATE October 31, 2007 ‘‘PART D—COOPERATIVE GOVERNING OF ‘‘(A) Knowingly misrepresenting to claim- respect to its offer, sale, renewal, and INDIVIDUAL HEALTH INSURANCE COV- ants and insured individuals relevant facts issuance of individual health insurance cov- ERAGE or policy provisions relating to coverage at erage in any secondary State is exempt from ‘‘SEC. 2795. DEFINITIONS. issue. any covered laws of the secondary State (and ‘‘In this part: ‘‘(B) Failing to acknowledge with reason- any rules, regulations, agreements, or orders ‘‘(1) PRIMARY STATE.—The term ‘primary able promptness pertinent communications sought or issued by such State under or re- State’ means, with respect to individual with respect to claims arising under policies. lated to such covered laws) to the extent health insurance coverage offered by a ‘‘(C) Failing to adopt and implement rea- that such laws would— health insurance issuer, the State designated sonable standards for the prompt investiga- ‘‘(1) make unlawful, or regulate, directly or by the issuer as the State whose covered tion and settlement of claims arising under indirectly, the operation of the health insur- laws shall govern the health insurance issuer policies. ance issuer operating in the secondary State, in the sale of such coverage under this part. ‘‘(D) Failing to effectuate prompt, fair, and except that any secondary State may require An issuer, with respect to a particular pol- equitable settlement of claims submitted in such an issuer— icy, may only designate one such State as its which liability has become reasonably clear. ‘‘(A) to pay, on a nondiscriminatory basis, primary State with respect to all such cov- ‘‘(E) Refusing to pay claims without con- applicable premium and other taxes (includ- erage it offers. Such an issuer may not ducting a reasonable investigation. ing high risk pool assessments) which are change the designated primary State with ‘‘(F) Failing to affirm or deny coverage of levied on insurers and surplus lines insurers, respect to individual health insurance cov- claims within a reasonable period of time brokers, or policyholders under the laws of erage once the policy is issued, except that after having completed an investigation re- the State; such a change may be made upon renewal of lated to those claims. ‘‘(B) to register with and designate the the policy. With respect to such designated ‘‘(10) FRAUD AND ABUSE.—The term ‘fraud State insurance commissioner as its agent State, the issuer is deemed to be doing busi- and abuse’ means an act or omission com- solely for the purpose of receiving service of ness in that State. mitted by a person who, knowingly and with legal documents or process; ‘‘(2) SECONDARY STATE.—The term ‘sec- intent to defraud, commits, or conceals any ‘‘(C) to submit to an examination of its fi- ondary State’ means, with respect to indi- material information concerning, one or nancial condition by the State insurance vidual health insurance coverage offered by more of the following: commissioner in any State in which the a health insurance issuer, any State that is ‘‘(A) Presenting, causing to be presented or issuer is doing business to determine the not the primary State. In the case of a preparing with knowledge or belief that it issuer’s financial condition, if— health insurance issuer that is selling a pol- will be presented to or by an insurer, a rein- ‘‘(i) the State insurance commissioner of the primary State has not done an examina- icy in, or to a resident of, a secondary State, surer, broker or its agent, false information tion within the period recommended by the the issuer is deemed to be doing business in as part of, in support of or concerning a fact National Association of Insurance Commis- that secondary State. material to one or more of the following: sioners; and ‘‘(3) HEALTH INSURANCE ISSUER.—The term ‘‘(i) An application for the issuance or re- ‘‘(ii) any such examination is conducted in ‘health insurance issuer’ has the meaning newal of an insurance policy or reinsurance accordance with the examiners’ handbook of given such term in section 2791(b)(2), except contract. the National Association of Insurance Com- that such an issuer must be licensed in the ‘‘(ii) The rating of an insurance policy or missioners and is coordinated to avoid un- primary State and be qualified to sell indi- reinsurance contract. justified duplication and unjustified repeti- vidual health insurance coverage in that ‘‘(iii) A claim for payment or benefit pur- tion; State. suant to an insurance policy or reinsurance ‘‘(D) to comply with a lawful order issued— ‘‘(4) INDIVIDUAL HEALTH INSURANCE COV- contract. ‘‘(i) in a delinquency proceeding com- ERAGE.—The term ‘individual health insur- ‘‘(iv) Premiums paid on an insurance pol- menced by the State insurance commis- ance coverage’ means health insurance cov- icy or reinsurance contract. sioner if there has been a finding of financial erage offered in the individual market, as de- ‘‘(v) Payments made in accordance with impairment under subparagraph (C); or fined in section 2791(e)(1). the terms of an insurance policy or reinsur- ‘‘(ii) in a voluntary dissolution proceeding; ‘‘(5) APPLICABLE STATE AUTHORITY.—The ance contract. ‘‘(E) to comply with an injunction issued term ‘applicable State authority’ means, ‘‘(vi) A document filed with the commis- by a court of competent jurisdiction, upon a with respect to a health insurance issuer in sioner or the chief insurance regulatory offi- petition by the State insurance commis- a State, the State insurance commissioner cial of another jurisdiction. sioner alleging that the issuer is in haz- or official or officials designated by the ‘‘(vii) The financial condition of an insurer ardous financial condition; State to enforce the requirements of this or reinsurer. ‘‘(F) to participate, on a nondiscriminatory title for the State with respect to the issuer. ‘‘(viii) The formation, acquisition, merger, ‘‘(6) HAZARDOUS FINANCIAL CONDITION.—The basis, in any insurance insolvency guaranty reconsolidation, dissolution or withdrawal term ‘hazardous financial condition’ means association or similar association to which a from one or more lines of insurance or rein- that, based on its present or reasonably an- health insurance issuer in the State is re- surance in all or part of a State by an in- ticipated financial condition, a health insur- quired to belong; surer or reinsurer. ance issuer is unlikely to be able— ‘‘(G) to comply with any State law regard- ‘‘(ix) The issuance of written evidence of ‘‘(A) to meet obligations to policyholders ing fraud and abuse (as defined in section insurance. with respect to known claims and reasonably 2795(10)), except that if the State seeks an in- ‘‘(x) The reinstatement of an insurance anticipated claims; or junction regarding the conduct described in policy. ‘‘(B) to pay other obligations in the normal this subparagraph, such injunction must be ‘‘(B) Solicitation or acceptance of new or course of business. obtained from a court of competent jurisdic- renewal insurance risks on behalf of an in- ‘‘(7) COVERED LAWS.—The term ‘covered tion; or surer reinsurer or other person engaged in laws’ means the laws, rules, regulations, ‘‘(H) to comply with any State law regard- the business of insurance by a person who agreements, and orders governing the insur- ing unfair claims settlement practices (as knows or should know that the insurer or ance business pertaining to— defined in section 2795(9)); other person responsible for the risk is insol- ‘‘(A) individual health insurance coverage ‘‘(2) require any individual health insur- vent at the time of the transaction. issued by a health insurance issuer; ance coverage issued by the issuer to be ‘‘(C) Transaction of the business of insur- ‘‘(B) the offer, sale, and issuance of indi- countersigned by an insurance agent or ance in violation of laws requiring a license, vidual health insurance coverage to an indi- broker residing in that Secondary State; or certificate of authority or other legal au- vidual; and ‘‘(3) otherwise discriminate against the thority for the transaction of the business of ‘‘(C) the provision to an individual in rela- issuer issuing insurance in both the primary insurance. tion to individual health insurance coverage State and in any secondary State. ‘‘(D) Attempt to commit, aiding or abet- of— ‘‘(c) CLEAR AND CONSPICUOUS DISCLOSURE.— ‘‘(i) health care and insurance related serv- ting in the commission of, or conspiracy to A health insurance issuer shall provide the ices; commit the acts or omissions specified in following notice, in 12-point bold type, in ‘‘(ii) management, operations, and invest- this paragraph. any insurance coverage offered in a sec- ment activities of a health insurance issuer; ‘‘SEC. 2796. APPLICATION OF LAW. ondary State under this part by such a and ‘‘(a) IN GENERAL.—The covered laws of the health insurance issuer and at renewal of the ‘‘(iii) loss control and claims administra- primary State shall apply to individual policy, with the 5 blank spaces therein being tion for a health insurance issuer with re- health insurance coverage offered by a appropriately filled with the name of the spect to liability for which the issuer pro- health insurance issuer in the primary State health insurance issuer, the name of primary vides insurance. and in any secondary State, but only if the State, the name of the secondary State, the ‘‘(8) STATE.—The term ‘State’ means only coverage and issuer comply with the condi- name of the secondary State, and the name the 50 States and the District of Columbia. tions of this section with respect to the of- of the secondary State, respectively, for the ‘‘(9) UNFAIR CLAIMS SETTLEMENT PRAC- fering of coverage in any secondary State. coverage concerned: TICES.—The term ‘unfair claims settlement ‘‘(b) EXEMPTIONS FROM COVERED LAWS IN A ‘This policy is issued by lllll and is gov- practices’ means only the following prac- SECONDARY STATE.—Except as provided in erned by the laws and regulations of the tices: this section, a health insurance issuer with State of lllll, and it has met all the

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.040 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13643 laws of that State as determined by that ‘‘(A) a copy of the plan of operation or fea- such coverage has sole jurisdiction to en- State’s Department of Insurance. This policy sibility study or any similar statement of force the primary State’s covered laws in the may be less expensive than others because it the policy being offered and its coverage primary State and any secondary State. is not subject to all of the insurance laws (which shall include the name of its primary ‘‘(b) SECONDARY STATE’S AUTHORITY.— and regulations of the State of lllll, in- State and its principal place of business); Nothing in subsection (a) shall be construed cluding coverage of some services or benefits ‘‘(B) written notice of any change in its to affect the authority of a secondary State mandated by the law of the State of designation of its primary State; and to enforce its laws as set forth in the excep- lllll. Additionally, this policy is not ‘‘(C) written notice from the issuer of the tion specified in section 2796(b)(1). subject to all of the consumer protection issuer’s compliance with all the laws of the ‘‘(c) COURT INTERPRETATION.—In reviewing laws or restrictions on rate changes of the primary State; and action initiated by the applicable secondary State of lllll. As with all insurance ‘‘(2) to the insurance commissioner of each State authority, the court of competent ju- products, before purchasing this policy, you secondary State in which it offers individual risdiction shall apply the covered laws of the should carefully review the policy and deter- health insurance coverage, a copy of the primary State. mine what health care services the policy issuer’s quarterly financial statement sub- ‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In covers and what benefits it provides, includ- mitted to the primary State, which state- the case of individual health insurance cov- ing any exclusions, limitations, or condi- ment shall be certified by an independent erage offered in a secondary State that fails tions for such services or benefits.’. public accountant and contain a statement to comply with the covered laws of the pri- ‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICA- of opinion on loss and loss adjustment ex- mary State, the applicable State authority TIONS AND PREMIUM INCREASES.— pense reserves made by— of the secondary State may notify the appli- ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(A) a member of the American Academy cable State authority of the primary tion, a health insurance issuer that provides of Actuaries; or State.’’. individual health insurance coverage to an ‘‘(B) a qualified loss reserve specialist. (b) EFFECTIVE DATE.—The amendment individual under this part in a primary or ‘‘(h) POWER OF COURTS TO ENJOIN CON- made by subsection (a) shall apply to indi- secondary State may not upon renewal— DUCT.—Nothing in this section shall be con- vidual health insurance coverage offered, ‘‘(A) move or reclassify the individual in- strued to affect the authority of any Federal issued, or sold after the date of the enact- sured under the health insurance coverage or State court to enjoin— ment of this Act. from the class such individual is in at the ‘‘(1) the solicitation or sale of individual SEC. l05. SEVERABILITY. time of issue of the contract based on the health insurance coverage by a health insur- If any provision of the title or the applica- health-status related factors of the indi- ance issuer to any person or group who is not tion of such provision to any person or cir- vidual; or eligible for such insurance; or cumstance is held to be unconstitutional, ‘‘(B) increase the premiums assessed the ‘‘(2) the solicitation or sale of individual the remainder of this title and the applica- individual for such coverage based on a health insurance coverage by, or operation tion of the provisions of such to any other health status-related factor or change of a of, a health insurance issuer that is in haz- person or circumstance shall not be affected. health status-related factor or the past or ardous financial condition. prospective claim experience of the insured ‘‘(i) STATE POWERS TO ENFORCE STATE SA 3492. Mr. DEMINT submitted an individual. LAWS.— ‘‘(2) CONSTRUCTION.—Nothing in paragraph amendment intended to be proposed by ‘‘(1) IN GENERAL.—Subject to the provisions him to the bill H.R. 3963, to amend title (1) shall be construed to prohibit a health in- of subsection (b)(1)(G) (relating to injunc- surance issuer— tions) and paragraph (2), nothing in this sec- XXI of the Social Security Act to ex- ‘‘(A) from terminating or discontinuing tion shall be construed to affect the author- tend and improve the Children’s Health coverage or a class of coverage in accordance ity of any State to make use of any of its Insurance Program, and for other pur- with subsections (b) and (c) of section 2742; powers to enforce the laws of such State poses; which was ordered to lie on the ‘‘(B) from raising premium rates for all with respect to which a health insurance table; as follows: policy holders within a class based on claims issuer is not exempt under subsection (b). experience; At the end of subtitle C of title VI, add the ‘‘(2) COURTS OF COMPETENT JURISDICTION.— following: ‘‘(C) from changing premiums or offering If a State seeks an injunction regarding the discounted premiums to individuals who en- SEC. lll. ABOVE-THE-LINE DEDUCTION FOR conduct described in paragraphs (1) and (2) of HEALTH INSURANCE PREMIUMS gage in wellness activities at intervals pre- subsection (h), such injunction must be ob- scribed by the issuer, if such premium AND OUT-OF-POCKET EXPENSES. tained from a Federal or State court of com- (a) IN GENERAL.—Section 62(a) of the Inter- changes or incentives— petent jurisdiction. ‘‘(i) are disclosed to the consumer in the nal Revenue Code of 1986 (defining adjusted ‘‘(j) STATES’ AUTHORITY TO SUE.—Nothing gross income) is amended by inserting after insurance contract; in this section shall affect the authority of ‘‘(ii) are based on specific wellness activi- paragraph (21) the following new paragraph: any State to bring action in any Federal or ‘‘(22) HEALTH INSURANCE PAYMENTS.— ties that are not applicable to all individ- State court. uals; and ‘‘(A) IN GENERAL.—Any amount allowable ‘‘(k) GENERALLY APPLICABLE LAWS.—Noth- as a deduction under section 213 (determined ‘‘(iii) are not obtainable by all individuals ing in this section shall be construed to af- to whom coverage is offered; without regard to any income limitation fect the applicability of State laws generally under subsection (a) thereof) by reason of ‘‘(D) from reinstating lapsed coverage; or applicable to persons or corporations. ‘‘(E) from retroactively adjusting the rates subsection (d)(1)(D) thereof for qualified ‘‘SEC. 2797. PRIMARY STATE MUST MEET FED- charged an individual insured individual if health insurance and for any deductible and ERAL FLOOR BEFORE ISSUER MAY other out-of-pocket expenses required to be the initial rates were set based on material SELL INTO SECONDARY STATES. misrepresentation by the individual at the paid under such insurance. ‘‘A health insurance issuer may not offer, ‘‘(B) QUALIFIED HEALTH INSURANCE.—For time of issue. sell, or issue individual health insurance ‘‘(e) PRIOR OFFERING OF POLICY IN PRIMARY purposes of this paragraph— coverage in a secondary State if the primary ‘‘(i) IN GENERAL.—The term ‘qualified STATE.—A health insurance issuer may not State does not meet the following require- offer for sale individual health insurance health insurance’ means insurance which ments: coverage in a secondary State unless that constitutes medical care as defined in sec- ‘‘(1) The State insurance commissioner coverage is currently offered for sale in the tion 213(d) without regard to— must use a risk-based capital formula for the primary State. ‘‘(I) paragraph (1)(C) thereof, and determination of capital and surplus require- ‘‘(f) LICENSING OF AGENTS OR BROKERS FOR ‘‘(II) so much of paragraph (1)(D) thereof as ments for all health insurance issuers. HEALTH INSURANCE ISSUERS.—Any State may relates to qualified long-term care insurance require that a person acting, or offering to ‘‘(2) The State must have legislation or contracts. act, as an agent or broker for a health insur- regulations in place establishing an inde- ‘‘(ii) EXCLUSION OF CERTAIN OTHER CON- ance issuer with respect to the offering of in- pendent review process for individuals who TRACTS.—Such term shall not include insur- dividual health insurance coverage obtain a are covered by individual health insurance ance if a substantial portion of its benefits license from that State, except that a State coverage unless the issuer provides an inde- are excepted benefits (as defined in section many not impose any qualification or re- pendent review mechanism functionally 9832(c)).’’. quirement which discriminates against a equivalent (as determined by the primary (b) EFFECTIVE DATE.—The amendment nonresident agent or broker. State insurance commissioner or official) to made by this section shall apply to taxable ‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE that prescribed in the ‘Health Carrier Exter- years beginning after December 31, 2007. nal Review Model Act’ of the National Asso- INSURANCE COMMISSIONER.—Each health in- SEC. lll. USE OF HEALTH SAVINGS ACCOUNTS surance issuer issuing individual health in- ciation of Insurance Commissioners for all FOR NON-GROUP HIGH DEDUCTIBLE surance coverage in both primary and sec- individuals who purchase insurance coverage HEALTH PLAN PREMIUMS. ondary States shall submit— under the terms of this part. (a) IN GENERAL.—Section 223(d)(2)(C) of the ‘‘(1) to the insurance commissioner of each ‘‘SEC. 2798. ENFORCEMENT. Internal Revenue Code of 1986 (relating to ex- State in which it intends to offer such cov- ‘‘(a) IN GENERAL.—Subject to subsection ceptions) is amended by striking ‘‘or’’ at the erage, before it may offer individual health (b), with respect to specific individual health end of clause (iii), by striking the period at insurance coverage in such State— insurance coverage the primary State for the end of clause (iv) and inserting ‘‘, or’’,

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.040 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13644 CONGRESSIONAL RECORD — SENATE October 31, 2007 and by adding at the end the following new plan that provides health benefits coverage Strike section 613. clause: in the manner described in section ‘‘(v) a high deductible health plan, other 2101(a)(2)), a State shall base such determina- SA 3496. Mr. COBURN submitted an than a group health plan (as defined in sec- tion on gross income (including amounts amendment intended to be proposed by tion 5000(b)(1)).’’. that would be included in gross income if him to the bill H.R. 3963, to amend title (b) EFFECTIVE DATE.—The amendment they were not exempt from income tax- XXI of the Social Security Act to ex- made by this section shall apply to taxable ation).’’. years beginning after December 31, 2007. (b) PROHIBITION ON WAIVER OF REQUIRE- tend and improve the Children’s Health SEC. lll. CLARIFICATION OF DEFINITION OF MENTS.—Section 2107(f) (42 U.S.C. 1397gg(f)), Insurance Program, and for other pur- GROUP HEALTH PLAN UNDER as amended by section 112(a)(2)(A), is amend- poses; which was ordered to lie on the HIPAA. ed by adding at the end the following new table; as follows: (a) ERISA.—Section 733(a)(1) of the Em- paragraph: Strike all after the enacting clause and in- ployee Retirement Income Security Act of ‘‘(3) The Secretary may not approve a sert the following: 1974 (29 U.S.C. 1191b(a)(1)) is amended by add- waiver, experimental, pilot, or demonstra- ing at the end the following: ‘‘Such term tion project with respect to a State after the SECTION 1. SHORT TITLE. does not include an arrangement maintained date of enactment of the Children’s Health This Act may be cited as the ‘‘Children’s by an employer the sole effect of which is to Insurance Program Reauthorization Act of Health Care First Act’’. provide reimbursement to employees for the 2007 that would waive or modify the require- SEC. 2. PROHIBITION ON FUNDING CONGRES- purchase by such employees of health insur- ments of section 2105(c)(8) (relating to denial SIONAL EARMARKS UNTIL ALL ance coverage offered in the individual mar- of payments for expenditures for child health UNITED STATES CHILDREN HAVE ket (as defined in section 2791(e)(1)) of the assistance for children whose family income OPTIMAL HEALTH INSURANCE. Public Health Service Act), notwithstanding exceeds 300 percent of the poverty line).’’. Notwithstanding any other provision of that the employer or an employee organiza- law, the Secretary of Health and Human tion negotiates the cost or benefits of the ar- SA 3494. Mr. DEMINT submitted an Services shall not allocate or make pay- rangement.’’. amendment intended to be proposed by ments from any funds appropriated for con- (b) PHSA.—Section 2791(a)(1) of the Public him to the bill H.R. 3963, to amend title gressionally directed spending items (as such Health Service Act (42 U.S.C. 300gg–91(a)(1)) XXI of the Social Security Act to ex- term is defined for purposes of paragraph 5(d) of rule XLIV of the Standing Rules of the is amended by adding at the end the fol- tend and improve the Children’s Health lowing: ‘‘Such term does not include an ar- Senate) for fiscal year 2008 or any succeeding rangement maintained by an employer the Insurance Program, and for other pur- fiscal year until on or after the date on sole effect of which is to provide reimburse- poses; which was ordered to lie on the which the Secretary of Health and Human ment to employees for the purchase by such table; as follows: Services certifies to Congress that all chil- employees of health insurance coverage of- On page 281, between lines 16 and 17, insert dren in the United States have optimal fered in the individual market, notwith- the following: health insurance. standing that the employer or an employee SEC. ll. POINT OF ORDER AGAINST LEGISLA- SEC. 3. TRANSFER OF EARMARK FUNDS TO organization negotiates the cost or benefits TION THAT RESULTS IN A TAKEOVER SCHIP. of the arrangement.’’. OF HEALTH CARE COVERAGE BY Notwithstanding any other provision of (c) IRC.—Section 9832(a) of the Internal THE FEDERAL GOVERNMENT. law, any funds appropriated to the Secretary Revenue Code of 1986 (relating to definitions) Title III of the Congressional Budget Act of Health and Human Services or the Depart- is amended by inserting before the period the of 1974 is amended by adding at the end the ment of Health and Human Services for con- following: ‘‘, except that such term does not following new section: gressionally directed spending items (as such include an arrangement maintained by an ‘‘POINT OF ORDER AGAINST LEGISLATION THAT term is defined for purposes of paragraph 5(d) employer the sole effect of which is to pro- RESULTS IN A TAKEOVER OF HEALTH CARE of rule XLIV of the Standing Rules of the vide reimbursement to employees for the COVERAGE BY THE FEDERAL GOVERNMENT Senate) for fiscal year 2008 or any succeeding purchase by such employees of health insur- ‘‘SEC. 316. (a)(1) IN GENERAL.—It shall not fiscal year are hereby transferred and made ance coverage offered in the individual mar- be in order in the Senate to consider any available for providing allotments to States ket (as defined in section 2791(e)(1)) of the bill, resolution, amendment, amendment be- under section 2104 of the Social Security Act Public Health Service Act), notwithstanding tween Houses, motion, or conference report (42 U.S.C. 1397dd) until on or after the date that the employer or an employee organiza- that— described in section 2. tion negotiates the cost or benefits of the ar- ‘‘(A) imposes Federal Government man- SEC. 4. ANNUAL REPORT ON NUMBER OF CHIL- rangement.’’. dates that reduce the number of Americans DREN PROVIDED HEALTH INSUR- (d) EFFECTIVE DATE.—The amendments covered by private health insurance; ANCE THROUGH TRANSFERRED made by this section shall apply to plan ‘‘(B) mandates through Federal law that EARMARK FUNDS. years beginning after December 31, 2007. any employer contributions or private wages Beginning January 1, 2008, and annually that currently fund private health care cov- thereafter until on or after the date de- SA 3493. Mr. DEMINT submitted an erage go to a Federally-run program for scribed in section 2, the Secretary of Health amendment intended to be proposed by health care coverage; or and Human Services shall submit a report to him to the bill H.R. 3963, to amend title ‘‘(C) displaces the number of individuals in Congress on the number of children who are XXI of the Social Security Act to ex- private health care coverage through an ex- provided child health assistance under a tend and improve the Children’s Health pansion or creation of a health care system State child health plan under title XXI of Insurance Program, and for other pur- run by the Federal Government by more the Social Security Act through funds trans- than 5 percent of the total number of indi- poses; which was ordered to lie on the ferred and made available under section 3 for viduals affected by the expansion or creation providing allotments to States under section table; as follows: of any such system. 2104 of such Act. Strike section 114 and insert the following: ‘‘(2) DETERMINATIONS.—All determinations required by this subsection shall be made by SEC. 114. DENIAL OF PAYMENTS FOR EXPENDI- f TURES FOR CHILD HEALTH ASSIST- the Congressional Budget Office. ANCE FOR CHILDREN WHOSE FAM- ‘‘(b) SUPERMAJORITY WAIVER AND APPEAL.— ILY INCOME EXCEEDS 300 PERCENT ‘‘(1) WAIVER.—This section may be waived AUTHORITY FOR COMMITTEES TO OF THE POVERTY LINE. or suspended in the Senate only by an af- MEET (a) IN GENERAL.—Section 2105(c) (42 U.S.C. firmative vote of three-fifths of the Mem- 1397ee(c)) is amended by adding at the end bers, duly chosen and sworn. AD HOC SUBCOMMITTEE ON DISASTER RECOVERY the following new paragraph: ‘‘(2) APPEAL.—An affirmative vote of three- Mr. DORGAN. Mr. President, I ask ‘‘(8) DENIAL OF PAYMENTS FOR EXPENDI- fifths of the Members of the Senate, duly unanimous consent that the Ad Hoc TURES FOR CHILD HEALTH ASSISTANCE FOR chosen and sworn, shall be required in the Subcommittee on Disaster Recovery of CHILDREN WHOSE FAMILY INCOME EXCEEDS 300 Senate to sustain an appeal of the ruling of the Committee on Homeland Security PERCENT OF THE POVERTY LINE.— the Chair on a point of order raised under ‘‘(A) IN GENERAL.—For child health assist- this section.’’. and Governmental Affairs be author- ance furnished after the date of the enact- ized to meet during the session of the ment of this paragraph, no payment shall be SA 3495. Mr. DEMINT submitted an Senate on Wednesday, October 31, 2007, made under this section for any expenditures amendment intended to be proposed by at 2:30 p.m. in order to conduct a hear- for providing child health assistance or him to the bill H.R. 3963, to amend title ing entitled, ‘‘Post-Catastrophe Crisis: health benefits coverage for a targeted low- XXI of the Social Security Act to ex- Addressing the Dramatic Need and income child whose family income exceeds 300 percent of the poverty line. tend and improve the Children’s Health Scant Availability of Mental Health ‘‘(B) DETERMINATION OF FAMILY INCOME.—In Insurance Program, and for other pur- Care in the Gulf Coast.’’ determining family income under this title poses; which was ordered to lie on the The PRESIDING OFFICER. Without (including in the case of a State child health table; as follows: objection, it is so ordered.

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.044 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — SENATE S13645 COMMITTEE ON BANKING, HOUSING, AND URBAN Dirksen Senate Office Building, at 9:30 Mrs. MURRAY. Mr. President, I ask AFFAIRS a.m. unanimous consent that the resolution Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. Without be agreed to, the preamble be agreed unanimous consent that the Com- objection, it is so ordered. to, and motions to reconsider be laid mittee on Banking, Housing, and f upon the table en bloc; that any state- Urban Affairs be authorized to meet ments relating thereto be printed in during the session of the Senate on Oc- PERMITTING COLLECTION OF DO- the RECORD. tober 31, 2007, at 2:30 p.m., in order to NATIONS IN SENATE BUILDINGS The PRESIDING OFFICER. Without conduct a hearing entitled ‘‘Climate TO BE SENT TO MILITARY PER- objection, it is so ordered. Disclosure: Measuring Financial Risks SONNEL The resolution (S. Res. 362) was and Opportunties.’’ Mrs. MURRAY. Mr. President, I ask agreed to. The PRESIDING OFFICER. Without unanimous consent that the Senate The preamble was agreed to. objection, it is so ordered. now proceed to the consideration of S. The resolution, with its preamble, COMMITTEE ON ENVIRONMENT AND PUBLIC Res. 361, which was submitted earlier reads as follows: WORKS today. S. RES. 362 Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. The Whereas the American Society of Agron- unanimous consent that the Com- clerk will report the resolution by omy was founded on December 31, 1907, with mittee on Environment and Public title. Mark A. Carleton as the first President of Works be authorized to meet during The legislative clerk read as follows: the Society; the session of the Senate on Wednes- A resolution (S. Res. 361) to permit the col- Whereas the American Society of Agron- day, October 31, 2007 at 10 a.m. in room lection of donations in Senate buildings to omy is one of the premier scientific societies 406 of the Dirksen Senate Office Build- be sent to United States military personnel in the world, as demonstrated by first-class journals, international and regional meet- ing, in order to conduct a hearing enti- on active duty overseas participating in or in support of Operation Iraqi Freedom, Oper- ings, and development of a broad range of tled, ‘‘Examination of the Licensing educational opportunities; Process for the Yucca Mountain Repos- ation Enduring Freedom, and the war on ter- rorism. Whereas the science and scholarship of the itory.’’ American Society of Agronomy are mission- The PRESIDING OFFICER. Without There being no objection, the Senate directed, and seek to foster exploration and objection, it is so ordered. proceeded to consider the resolution. application of agronomic science, with the Mrs. MURRAY. Mr. President, I ask goal of increasing and disseminating knowl- COMMITTEE ON FOREIGN RELATIONS unanimous consent that the resolution edge concerning the nature, use, improve- Mr. DORGAN. Mr. President, I ask be agreed to, and the motion to recon- ment, and interrelationships of plants, soil, unanimous consent that the Com- sider be laid upon the table. water, and the environment; mittee on Foreign Relations be author- Whereas the American Society of Agron- The PRESIDING OFFICER. Without ized to meet during the session of the omy strives to obtain that goal by pro- objection, it is so ordered. Senate on Wednesday, October 31, 2007, moting effective research, disseminating sci- The resolution (S. Res. 361) was at 11 a.m. in order to hold a business entific information, facilitating technology agreed to, as follows: meeting. transfer, fostering high standards of edu- cation, striving to maintain high standards The PRESIDING OFFICER. Without S. RES. 361 Resolved, of ethics, promoting advancements in the objection, it is so ordered. agronomy profession, and cooperating with SECTION 1. COLLECTION OF DONATIONS TO COMMITTEE ON THE JUDICIARY other organizations with similar objectives; UNITED STATES MILITARY PER- Mr. DORGAN. Mr. President, I ask SONNEL. Whereas the American Society of Agron- omy significantly contributes to the sci- unanimous consent that the Com- (a) IN GENERAL.—Notwithstanding any mittee on the Judiciary be authorized other provision of the rules or regulations of entific and technical knowledge necessary to protect and sustain natural resources in the to meet, during the session of the Sen- the Senate— (1) a Senator, officer, or employee of the United States; ate, in order to conduct a hearing enti- Whereas the American Society of Agron- tled ‘‘FISA Amendments: How to Pro- Senate may collect from another Senator, officer, or employee of the Senate within omy has a critical international role in de- tect America’s Security and Privacy Senate buildings nonmonetary donations to veloping sustainable agricultural manage- and Preserve the Rule of Law and Gov- be sent to United States military personnel ment standards for the protection of land re- ernment Accountability’’ on Wednes- on active duty overseas participating in or in sources; day, October 31, 2007. The hearing will support of Operation Iraqi Freedom, Oper- Whereas the mission of the American Soci- commence at 10 a.m. in room 226 of the ation Enduring Freedom, and the war on ter- ety of Agronomy continues to expand, from the development of sustainable production of Dirksen Senate Office Building. rorism; and (2) a Senator, officer, or employee of the food, fiber, and forage, to the production of Witness list Senate may work with a nonprofit organiza- renewable energy and biobased industrial products; Panel I: Kenneth L. Wainstein, As- tion with respect to the delivery of dona- tions that are collected as described in para- Whereas the American Society of Agron- sistant Attorney General, National Se- graph (1). omy certifies a body of professional Certified Crop Advisors and Certified Professional curity Division, U.S. Department of (b) EFFECTIVE PERIOD.—This resolution Justice. shall be in effect until December 31, 2007. Agronomists who work closely with agricul- tural producers to develop nutrient manage- Panel II: Edward Black, President f and CEO, Computer & Communications ment plans that are designed to minimize en- vironmental risk in production agriculture; Industry Association, Washington, DC; RECOGNIZING 2007 AS THE YEAR OF THE 100TH ANNIVERSARY OF Whereas, in industry, extension, and basic Patrick F. Philbin, Partner, Kirkland research, the American Society of Agronomy & Ellis, Washington, DC; Morton H. THE AMERICAN SOCIETY OF has fostered a dedicated professional and sci- Halperin, Director of U.S. Advocacy, AGRONOMY entific community that, in 2007, includes Open Society Institute, Washington, Mrs. MURRAY. Mr. President, I ask more than 8,015 members and 13,015 certified DC. unanimous consent that the Senate crop advisor professionals; and The PRESIDING OFFICER. Without proceed to the immediate consider- Whereas the American Society of Agron- objection, it is so ordered. omy was the parent society that led to the ation of S. Res. 362, submitted earlier formation of both the Crop Science Society COMMITTEE ON VETERANS’ AFFAIRS today. of America and the Soil Science Society of Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. The America and later fostered the common unanimous consent for the Committee clerk will report the resolution by overall management of these 3 related soci- on Veterans’ Affairs to be authorized title. eties: Now, therefore, be it to meet during the session of the Sen- The legislative clerk read as follows: Resolved, That the Senate— (1) recognizes 2007 as the 100th anniversary ate on Wednesday, October 31, 2007, in A resolution (S. Res. 362) recognizing 2007 year of the American Society of Agronomy; as the year of the 100th anniversary of the order to conduct a hearing on the Uni- (2) commends the American Society of American Society of Agronomy. formed Services Employment and Re- Agronomy for 100 years of dedicated service employment Rights Act. The Com- There being no objection, the Senate to advance the science and practice of agron- mittee will meet in room SD–562 of the proceeded to consider the resolution. omy; and

VerDate Aug 31 2005 01:00 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.045 S31OCPT1 hmoore on PRODPC68 with HMSENATE S13646 CONGRESSIONAL RECORD — SENATE October 31, 2007 (3) acknowledges the promise of the Amer- The bill (H.R. 1808) was ordered to a ate completes its business today, it ican Society of Agronomy to continue to en- third reading, was read the third time, stand adjourned until 10 a.m., Thurs- rich the lives of all citizens, by improving and passed. day, November 1; that on Thursday, stewardship of the environment, combating following the prayer and the pledge, world hunger, and enhancing the quality of f the Journal of proceedings be approved life for the next 100 years and beyond. RECOGNIZING THE NAVY SEALS to date, the morning hour be deemed to MUSEUM IN FORT PIERCE, FLOR- f have expired, the time for the two lead- IDA ers be reserved for their use later in DESIGNATING THE DEPARTMENT Mrs. MURRAY. Mr. President, I ask OF VETERANS AFFAIRS MED- the day; that there then be a period of unanimous consent that the Armed morning business for 60 minutes, with ICAL CENTER IN AUGUSTA, Services Committee be discharged from GEORGIA, AS THE ‘‘CHARLIE Senators permitted to speak therein further consideration of H.R. 2779 and for up to 10 minutes each, with the NORWOOD DEPARTMENT OF VET- the Senate then proceed to its consid- ERANS AFFAIRS MEDICAL CEN- time equally divided and controlled, eration. with Republicans controlling the first TER’’ The PRESIDING OFFICER. Without half and the majority controlling the objection, it is so ordered. The clerk Mrs. MURRAY. Mr. President, I ask final half; that following morning busi- unanimous consent that the Com- will state the bill by title. The legislative clerk read as follows: ness, the Senate resume consideration mittee on Veterans’ Affairs be dis- of the motion to proceed to H.R. 3963, A bill (H.R. 2779) to recognize the Navy charged from further consideration of the CHIP legislation; further, that all H.R. 1808, and the Senate proceed to its UDT-SEAL Museum in Fort Pierce, FL, as the official national museum of Navy SEALs time consumed in morning business immediate consideration. and their predecessors. during today’s session and tomorrow, The PRESIDING OFFICER. Without There being no objection, the Senate as well as the time during the adjourn- objection it is so ordered. The clerk proceeded to consider the bill. ment, count postcloture. will report the bill by title. Mrs. MURRAY. Mr. President, I ask The legislative clerk read as follows: The PRESIDING OFFICER. Without unanimous consent that the bill be objection, it is so ordered. A bill (H.R. 1808) to designate the Depart- read the third time, passed, and the ment of Veterans Affairs Medical Center in motion to reconsider be laid upon the f Augusta, Georgia, as the ‘‘Charlie Norwood table; that any statements relating Department of Veterans Affairs Medical Cen- ter.’’ thereto be printed in the RECORD. The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 10 A.M. There being no objection, the Senate objection, it is so ordered. TOMORROW proceeded to consider the bill. The bill (H.R. 2779) was ordered to a Mrs. MURRAY. Mr. President, if Mrs. MURRAY. Mr. President, I ask third reading, was read the third time, there is no further business, I ask unanimous consent that the bill be and passed. read a third time and passed, the mo- unanimous consent that the Senate f tion to reconsider be laid on the table, stand adjourned under the previous and any statements relating to the ORDERS FOR THURSDAY, order. measure be printed in the RECORD. NOVEMBER 1, 2007 There being no objection, the Senate, The PRESIDING OFFICER. Without Mrs. MURRAY. Mr. President, I ask at 5:49 p.m., adjourned until Thursday, objection, it is so ordered. unanimous consent that when the Sen- November 1, 2007, at 10 a.m.

VerDate Aug 31 2005 02:17 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.011 S31OCPT1 hmoore on PRODPC68 with HMSENATE October 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2287 EXTENSIONS OF REMARKS

PERSONAL EXPLANATION often the victims of rape and sexual violence, Genesee County. Working with the Genesee which is often used systematically as a weap- Intermediate School District, the Center has HON. BILL SHUSTER on of intimidation, humiliation, terror and eth- implemented four school-based health centers OF PENNSYLVANIA nic cleansing. Being a victim of rape or sexual offering multiple services to elementary, mid- violence is one of the worst human rights vio- dle school, and high school students and offer IN THE HOUSE OF REPRESENTATIVES lations there is. Women in these areas can dental health screening and prevention in ele- Wednesday, October 31, 2007 hopefully be protected if the President of the mentary schools. The Center works with the Mr. SHUSTER. Madam Speaker, on rollcall United States develops within the United Cedar Street Children’s Center and the Child No. 1014 taken on Tuesday, October 30, States Department of State and the United Welfare Society of Flint to offer mental health 2007, had I been present, I would have voted States Agency for International Development a prevention services. She has added a fifth pe- ‘‘yea.’’ Women and Girls of Darfur Initiative to im- diatric dental resident and partnered with the f prove assistance to victims and potential vic- University of Michigan Dental School to offer tims of rape and sexual violence in the areas an Advanced Education in General Residency PERSONAL EXPLANATION called for by the resolution. resident. The Center also has implemented a I fully support H. Res. 740. This resolution child obesity prevention program and offers a HON. TRENT FRANKS condemns in the strongest terms the attacks 2-week summer camp. OF ARIZONA on African Union peacekeepers that occurred Working with community allies she has ad- IN THE HOUSE OF REPRESENTATIVES in Haskanita, Darfur, Sudan on September 29, vocated on behalf of children at both the state 2007. This ambush by Darfur rebels killed ten Wednesday, October 31, 2007 and national level. Recognizing that the life of peacekeepers; seven Nigerian peacekeepers the larger community has an affect on chil- Mr. FRANKS of Arizona. Madam Speaker, and three other soldiers from Mali, Senegal dren, Dr. Allen works with various organiza- on rollcall No. 1001, I was unavoidably de- and Botswana. Several other soldiers were tions to improve the quality of life. She is a tained and missed the vote. Had I been wounded and fifty soldiers are still missing. Commissioner with the Michigan Commission present, I would have voted ‘‘yes.’’ This attack is considered the worst on AMIS for the Blind, a Board Member for the Michi- f peacekeepers since the deployment in July gan Council for Maternal and Child Health, a 2004. It is time to hold the perpetrators of Member of the Genesee County Community CRISIS IN DARFUR these hateful acts accountable for their inhu- Collaborative, a Board Member of the ‘‘Ready, mane actions. Set, Grow!’’ Passport Program, a Board Mem- HON. CHARLES B. RANGEL Madam Speaker, I support these bills be- ber of Priority Children, the Vice Chair of the OF NEW YORK cause the people of Darfur need help. Too Community Foundation of Greater Flint, a IN THE HOUSE OF REPRESENTATIVES many lives have been taken; too many women member of the Flint Journal Community Advi- have been sexually violated. These bills help Wednesday, October 31, 2007 sory Committee, a Board Member of United send a clear message to the Sudanese gov- Way of Genesee County, and a member of Mr. RANGEL. Madam Speaker, I rise today ernment and the Darfur rebel groups that we Alpha Kappa Alpha Sorority, Inc. in support of resolutions H. Res. 573, H. Res. will not continue to allow these crimes to hap- Madam Speaker, I ask the House of Rep- 726, and H. Res. 740, which are all related to pen on our watch. It is time to end this geno- resentatives to join me in congratulating Dr. the situation in Darfur. The continuing geno- cide. Velma Allen for her work on behalf of the chil- cide in Darfur is an attack on humanity and I f dren in Genesee County. I wish her the best would like to take this moment to urge my col- as she retires from the C.S. Mott Children’s leagues in Congress and in the International TRIBUTE TO VELMA ALLEN Health Center. Community to support ending this genocide. I am in support of H. Res. 573. This resolu- HON. DALE E. KILDEE f tion calls for recognizing and commending the OF MICHIGAN efforts of the United States public and advo- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION cacy groups to raise awareness about and help end the worsening humanitarian crisis Wednesday, October 31, 2007 and genocide in Darfur, Sudan. If it were not Mr. KILDEE. Madam Speaker, I rise today HON. BILL SHUSTER for the U.S. public and advocacy groups that to pay tribute to Dr. Velma Allen as she retires OF PENNSYLVANIA have brought awareness of the violence and from Mott Children’s Health Center. Dr. Allen displacement that has occurred in Darfur, this is the President and Chief Executive Officer IN THE HOUSE OF REPRESENTATIVES horrific conflict might have gone unnoticed. and will retire on December 31. A dinner in Wednesday, October 31, 2007 Experts estimate some 400,000 people have her honor will be held on November 8 in Flint, died and over 2.5 million people within the MI. Mr. SHUSTER. Madam Speaker, on rollcall Darfur region have been made homeless Dr. Allen began her career as an English No. 1013 taken on Tuesday, October 30, since this conflict began in 2003. Too many teacher in Mississippi. She moved to Michigan 2007, had I been present, I would have voted people of Darfur are in extreme poverty and and became the Supervisor of Secondary ‘‘nay.’’ they rely heavily on international aid for sur- Special Education with the Grand Rapids vival. Refugee camps have experienced atroc- School System. She served as the Director of f ities, rape, and physical violence, which is Special Education with the Lansing Schools PERSONAL EXPLANATION making these supposedly safe havens unsafe. from 1977 through 1981. She moved to Flint Even humanitarian groups are suffering from and was program officer for the C.S. Mott deteriorating conditions and attacks, which has Foundation from 1981 to 1984. After serving HON. BILL SHUSTER caused several NGOs to leave. as the Superintendent of the Michigan School I agree with H. Res. 726, which calls on the of the Blind, Velma started to work at the Mott OF PENNSYLVANIA President of the United States and the inter- Children’s Health Center. She has spent the IN THE HOUSE OF REPRESENTATIVES national community to take immediate steps to last 17 years working to improve the care for Wednesday, October 31, 2007 respond to and prevent acts of rape and sex- the children of Genesee County who have ual violence against women and girls in special health or developmental problems. Mr. SHUSTER. Madam Speaker, on rollcall Darfur, Sudan, eastern Chad and the Central Under her leadership, the C.S. Mott Chil- No. 1012 taken on Monday, October 29, 2007, African Republic. During war women are too dren’s Health Center has expanded its role in had I been present, I would have voted ‘‘yea.’’

∑ 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 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.001 E31OCPT1 bajohnson on PROD1PC69 with REMARKS E2288 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2007 PERSONAL EXPLANATION 1986. He completed a Fellowship in Clinical consideration the bill (H.R. 3867) to update Oncology and Pediatric Oncology at Ohio and expand the procurement of the Small State University Hospital. Relocating to Michi- Business Administration, and for other pur- HON. TRENT FRANKS poses: gan, Dr. Gayar currently serves as the Chair OF ARIZONA Mr. RODRIGUEZ. Mr. Chairman, I rise IN THE HOUSE OF REPRESENTATIVES of the Department of Radiation Oncology at McLaren Regional Medical Center and the today in support of H.R. 3867, Small Business Wednesday, October 31, 2007 Medical Director of Radiation Oncology at Contracting Procurement Improvements Act of Mr. FRANKS of Arizona. Madam Speaker, Owosso Memorial Cancer Center. 2007. on rollcall No. 1002, I was unavoidably de- Over the years Dr. Gayar has served as a Among the many improvements, this bill tained and missed the vote. Had I been delegate to the Michigan State Medical Soci- modernizes programs to increases opportunity present, I would have voted ‘‘yes.’’ ety from the Genesee County Medical Society, to disadvantaged businesses that do not have proper access to the $410 billion federal mar- f and as the Chair of the Board of the Commu- nity Wide Hospital Oncology program. He is ketplace. RECOGNIZING ANNIVERSARIES OF the principal investigator for the Radiation This bill expands procurement opportunities MASS MOVEMENT FOR SOVIET Therapy Oncology group, works with the for service-disabled veteran-owned busi- JEWISH FREEDOM AND FREE- Southwest Oncology group, and the National nesses; a group that currently receives only a DOM SUNDAY RALLY FOR SO- Surgical Adjuvant Breast and Bowel project. small fraction of their contracting goal. Further, VIET JEWRY He is also the former President of the Islamic it creates penalties for misrepresentation of a Medical Association. service-disabled veteran owned business clas- SPEECH OF Dr. Gayar is committed to improving the sification and adopts a roadmap for providing quality of life in the larger community. Gov- information, advice and training to service-dis- HON. CHARLES B. RANGEL abled veterans as prescribed by President. Fi- OF NEW YORK ernor Granholm appointed him to the Board of nally, it provides discretion to contracting offi- IN THE HOUSE OF REPRESENTATIVES the Commission of Arab Chaldean American Affairs. He serves on the Board of the Amer- cers in cases that must now be set aside for Tuesday, October 30, 2007 ican Arab Heritage Council of Flint, the Flint HUBZones but that could be used for service- Mr. RANGEL. Mr. Speaker, I rise today to Islamic Center, and the Grand Blanc Islamic disable veteran-owned businesses. throw my endorsement behind a resolution of Center, he is the former Chair of the Genesee Additionally, the bill modernizes the 8(a) great import—one that highlights the struggle Academy Board of Directors, and is a former Business Development Program. This program of Jewish freedom in the former Soviet Union board member of the Islamic American Univer- is to single most important vehicle for minority and pays tribute to one of the great civil rights sity. In 2006 the American Arab Heritage business participation in federal contracting. movements of the last century. The will and Council named him ‘‘Physician of the Year.’’ The 8(a) program has contributed to the de- forbearance of man and woman is best Dr. Gayar is married to Randa and they have velopment of over 20,000 firms including many evinced when they are faced with adversity. four children, Omar, Adam, Lena and Kareem. in Texas over the past two decades, and Victims to a repressive anti-Zionist state that Madam Speaker, I ask the House of Rep- these firms have received almost $100 billion stripped its Jewish citizens of their rights to resentatives to join me in applauding Dr. in federal contracts. emigrate, be autonomous, and engage in reli- Hesham Gayar for his leadership to the Gen- Over 9,000 firms are currently participating gious prerogatives, Soviet Jewry channeled esee County Medical Society. Both physicians in the 8(a) program. More than half of all fed- the strength of its community into one, harmo- and patients have benefited from his compas- eral minority business contracting is accom- nious dissenting voice. That takes awe-inspir- sion and steadfastness. He brings empathy, plished through the 8(a) program. Despite ing courage, and it more than merits our rec- dignity, and responsibility to every role he as- these impressive statistics, the program has ognition today. sumes. I wish him the best as he continues not been revamped since 1988. Only two decades have passed since a full his service to the Flint community. Earlier this year, I joined my colleague Rep. SILVESTRE REYES in sponsoring H.R. 1611, the quarter of a million of our frustrated brothers f and sisters marched on Washington, dem- 8(a) Modernization Act which was incor- PERSONAL EXPLANATION onstrating remarkable solidarity in numbers porated into this legislation. I would like to thank the Chairwoman, Ms. and unmatched political resolve. Only two dec- NYDIA VELA´ZQUEZ for her work not only for this ades before that, the seeds of focused defi- HON. BILL SHUSTER legislation but also her long time advocacy for ance were being sown, a movement young in OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES our Nation’s small businesses. age but ripe at heart. And now, four decades I urge my colleagues to support this bill. later, the legacy of that effort has come to bril- Wednesday, October 31, 2007 f liant fruition. A renaissance of Jewish culture Mr. SHUSTER. Madam Speaker, on rollcall has cemented itself in the modern-day con- No. 1011 taken on Monday, October 29, 2007, TRIBUTE TO DR. RUTH L. sciousness of the Russian people—and that is had I been present, I would have voted ‘‘yea.’’ GOTTESMAN an exceptionally good thing. f Let us echo that spirit of unity, camaraderie, HON. NITA M. LOWEY PERSONAL EXPLANATION fraternity, and in one voice, honor their memo- OF NEW YORK ries that inspire and move us to this day. IN THE HOUSE OF REPRESENTATIVES Mazel Tov, my friends. HON. TRENT FRANKS Wednesday, October 31, 2007 f OF ARIZONA IN THE HOUSE OF REPRESENTATIVES Mrs. LOWEY. Madam Speaker, I rise today HONORING DR. HESHAM GAYAR Wednesday, October 31, 2007 to recognize the accomplishments of Dr. Ruth L. Gottesman and to congratulate her on be- HON. DALE E. KILDEE Mr. FRANKS of Arizona. Madam Speaker, coming the first woman and the first faculty on rollcall No. 1003, I was unavoidably de- OF MICHIGAN member to be elected Chairperson of the Al- tained and missed the vote. Had I been IN THE HOUSE OF REPRESENTATIVES bert Einstein College of Medicine’s Board of present, I would have voted ‘‘no.’’ Overseers. Wednesday, October 31, 2007 f As a premiere institution for medical edu- Mr. KILDEE. Madam Speaker, I ask the SMALL BUSINESS CONTRACTING cation, basic research and clinical investiga- House of Representatives to join me in hon- PROGRAM IMPROVEMENTS ACT tion, the Albert Einstein College of Medicine oring Dr. Hesham Gayar, the outgoing Presi- has produced more than 7,000 of our Nation’s dent of the Genesee County Medical Society. SPEECH OF foremost clinicians, biomedical scientists, and Dr. Gayar is to be honored at the annual medical educators. Among its pioneering edu- President’s Ball this Saturday, November 3rd. HON. CIRO D. RODRIGUEZ cational initiatives, Einstein was among the Dr. Gayar studied medicine at the Alexan- OF TEXAS first of the major medical schools to integrate IN THE HOUSE OF REPRESENTATIVES dria Medical School. He completed residency bedside experience with learning, bringing at St. Vincent’s Hospital and Medical Center in Tuesday, October 30, 2007 first-year students into contact with patients New York, and M.D. Anderson in Houston, The House in Committee of the Whole and linking classroom study to case experi- where he was chief resident from 1985 to House on the State of the Union had under ence.

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.008 E31OCPT1 bajohnson on PROD1PC69 with REMARKS October 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2289 Dr. Ruth Gottesman has served as a distin- Crapa, who had led the commission since JAMES P. CHEEVER 100TH guished faculty member of the Albert Einstein 2002, previously worked for 25 years in var- BIRTHDAY TRIBUTE College of Medicine for over 30 years. In addi- ious Capitol Hill-related jobs, including House committee offices, Member offices and tion, Dr. Gottesman was a founding director of in the Congressional relations shops of sev- HON. KENDRICK B. MEEK the Fisher Landau Center for the Treatment of eral executive branch agencies. OF FLORIDA Learning Disabilities, a division of Einstein’s Immediately before coming to the commis- IN THE HOUSE OF REPRESENTATIVES Children’s Evaluation and Rehabilitation Cen- sion, Crapa worked as chief of staff to Sen. Wednesday, October 31, 2007 ter established to provide interdisciplinary Charles Schumer (D–N.Y.). services to individuals of all ages. Her exem- ‘‘Joe was a pure salt-of-the-earth human Mr. MEEK of Florida. Madam Speaker, I rise plary effort on behalf of those with learning being,’’ Schumer wrote in an e-mail. ‘‘To to honor and congratulate James P. Cheever, disabilities has earned her the respect and ad- know him was to love him.’’ who will be celebrating his 100th birthday on miration of colleagues and friends alike. In her Sen. Hillary Rodham Clinton (D–N.Y.) Sunday, November 4, 2007, at Tony Recep- career, she serves the most vulnerable in our noted in a statement that she knew Crapa tion Palace, in Hialeah, FL. Many of his family, society with the highest level of compassion during his service in the Senate and the Clin- friends, and church friends will be in attend- and commitment. ton administration. She lauded Crapa’s ‘‘in- ance to celebrate this momentous occasion. Dr. Gottesman has balanced this distin- domitable spirit and determination’’ during He was born on November 7, 1907, in Syl- the fight to secure funding for New York in vania, Georgia. He is the middle child of six guished career with an equally impressive the aftermath of the Sept. 11, 2001, terrorist family life. Married to David for 57 years, she attacks. siblings, with one remaining sister, Ruby has also been a loving mother to three chil- Crapa also served as counsel and staff di- Cheever. dren—Bob, Alice, and Bill—and grandmother rector in the office of Rep. David Obey (D– He was educated in the Sylvania school to seven grandchildren—Ben, Sarah, Alan, Wis.) for 10 years, before leaving in 1997 to system. At the age of 22, he met and married Clara, Zachary, Eleanor, and Jessica. While become associate administrator for congres- Edna Mae Striggles. They were married on she and her family share a passion for trav- sional and intergovernmental affairs at the December 22, 1929. They shared 58 years of eling and learning about other people and Environmental Protection Agency. marriage until her death in 1987. Their union places, Dr. Gottesman remains committed to a Obey said he was dubious when he first was blessed with four children, James P. variety of causes in her own community in- interviewed Crapa for a job in 1987. Cheever, Jr., Henry Richmond Cheever, and cluding various charitable organizations, ‘‘I thought, ‘There’s no way in God’s green Margie Beatrice Mayes. Their daughter Fronita schools, and museums. earth I can work with this fast-talking guy Cheever, died at a very young age. from Brooklyn,’’ Obey said. ‘‘He was about Madam Speaker, I am proud to recognize He has 10 grandchildren, Gregory Cheever, three times as intense as I was. But his solid- Gail Washington, Glenda Jimeson, Anthony my good friend Dr. Ruth Gottesman for an un- ity, wisdom, and shrewdness came through, paralleled career fighting for those who are and we ended up not only working together Cheever, Aundrea Mayes, Carey Cheever, unable to fight for themselves, and I urge my for 10 years, but becoming close friends.’’ LaEatrice McMurray, Laketia Cheever, Vincent colleagues to join me in honoring her tremen- Obey said Crapa was a ‘‘superb example’’ of Cheever and Tonya Linde. He has 25 great- dous accomplishments. the importance of the role staffers play on grandchildren and 7 great-great grandchildren. f the Hill. As many others did during the early 1900s, ‘‘There are a lot of people who never serve he earned a living by farming land in Georgia. IN APPRECIATION OF THE LIFE in elected office—staffers and people in var- Although farming provided a modest living, he AND WORK OF THE HILL’S JO- ious agencies—who love this country, are and his wife wanted a better quality of life for SEPH CRAPA dedicated to doing things right and to ad- their family. In November of 1947, he moved vancing the cause of regular people,’’ Obey his family to Miami, Florida. said. He said Crapa ‘‘loved politics, he loved After arriving in Miami, he worked several HON. CHARLES B. RANGEL government, he had a moral core to every- OF NEW YORK thing he did. He was an intellectual and, at odd jobs to support his family and he started IN THE HOUSE OF REPRESENTATIVES the same time, a hard-nosed practicing pol in working for a major construction firm, Benidick the best sense of the word.’’ and Jordan Construction Company, in 1950. Wednesday, October 31, 2007 In a statement released by USCIRF on He was the only African-American man hired Mr. RANGEL. Madam Speaker, I rise today Thursday, Chairman Michael Cromartie said at that time to tie steel for the company and in remembrance of a true patriot and com- Crapa ‘‘had an unwavering, principled com- became the top man for the construction com- mitted public servant, the late Joseph Crapa. mitment to . . . protecting religious freedom pany. He boasted a litany of high posts and honors worldwide.’’ He and Vice Chairwoman Preeta In 1962, he left the construction field to work to his name, but it was as Chief of Staff to Bansal both commented on Crapa’s ‘‘sharp for the Dade County Public School system. political instincts,’’ which Barisal said were During his employment with DCPS, he worked Senator CHARLES SCHUMER that he so ably ‘‘crucial to him in this sensitive area.’’ as Lead Custodian at Brownsville Junior High served my native New York. Staffers like Mr. Over the course of his career, Crapa Crapa are the backbone of Capitol Hill, the worked as the top congressional relations of- School and Carol City Elementary. He retired too-often unsung movers and shakers who ficial at the EPA, the Department of Agri- from DCPS in June of 1973. After retirement, work feverishly on behalf of the American peo- culture and the U.S. Agency for Inter- he launched his own Lawn Service and was ple. national Development, and in the No. 2 spot known by many for the meticulous lawn care Known as a fast-talking guy from Brooklyn, in the Department of Commerce’s congres- he provided his customers. Mr. Crapa’s magnetism drew a series of glow- sional relations office. James is a God-fearing man who dedicated ing compliments—solid, wise, shrewd. He He also spent time at the Democratic Con- is life to the Lord at a very young age. While loved politics and government, but remained gressional Campaign Committee, where he living in Georgia he was a member of Lawton loyal to his unwavering moral core. He was an was the executive director of the Speaker’s Grove Missionary Baptist Church. When he re- Club, and as vice president at lobby shop located to Miami, he moved his membership intellectual powerhouse, relentless in his de- Dutko and Associates. For 6 years during his fense of the little guy, but with the practical time in Obey’s office and at the EPA, Crapa to New Hope Missionary Baptist Church in political know-how to get things done. As the taught part-time as adjunct professor of gov- Liberty City, where he became a deacon on executive director of the U.S. Commission on ernment at Georgetown University. He was a January 14, 1954, under the leadership of International Religious Freedom, his last post, John C. Stennis Congressional fellow in 1995– Rev. James E. Brown. he agitated for a cause near and dear to his 1996. Several years later he moved his member- heart: the battle for religious freedom world- Crapa was born Dec. 16, 1943, in Brooklyn, ship to become a founding member of Greater wide. N.Y. He received his bachelor’s degree from New Macedonia Missionary Baptist Church, lo- He is today—and always—remembered and St. John’s University in New York City and cated in Brownsville, under Pastor Rosco went on to receive a master’s degree from appreciated as a man of conviction and a Jackson. He still attends services regularly Duke and a Ph.D. from the University of Ari- and currently serves as the oldest deacon on wealth of knowledge. zona; all three degrees were in British and ‘‘SALT-OF-THE-EARTH’’ STAFFER CRAPA American literature. He married Barbara the deacon board, under the leadership of MOURNED ON HILL Vaskis in 1967; the couple had one son, Judd, Rev. Sherman Mungin. Joseph Crapa, the executive director of the and two grandsons, Sebastian and Baird. James and his wife bought their first home U.S. Commission on International Religious A memorial service for Crapa is scheduled in Florida, in what was known as Brownsville, Freedom, died Thursday from cancer at the for 1 p.m. today at St. Peter’s Church on in 1956. The property was acquired by the age of 63. Capitol Hill. County, to build a public park, in 1969. They

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.014 E31OCPT1 bajohnson on PROD1PC69 with REMARKS E2290 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2007 then bought and moved to the home in which wonders of infrared and ultraviolet absorption Madam Speaker, I ask that you and my he still resides, located at 3801 N.W. 186th spectroscopy or modern industrial spectros- other distinguished colleagues join me in com- Street, Miami Gardens, Florida. copy? mending the Asian-American Medical Associa- As the patriarch of his family, he loves at- Even today, after 55 years in the classroom, tion, as well as this year’s Crystal Globe tending family functions to see the four gen- Jack maintains an office at the university and Award recipient, the Indiana University School erations of his children. He is still very active, can be found, as always, involved with stu- of Medicine—Northwest, for their outstanding he enjoys fishing at the lake, vegetable gar- dents 2 to 3 days a week. contributions to medicine and to the commu- dening and watching baseball games. He al- I offer my sincere thanks and congratula- nity. Their members’ unwavering commitment ways has a quick smile and something witty to tions on a job well done. to improving the quality of life for the people say. He is a man of good report, full of spirit f of northwest Indiana and throughout the world and the wisdom of years. is truly inspirational. For these reasons, they Madam Speaker and my colleagues, I ask TRIBUTE TO THE ASIAN- are to be praised, and I am proud to serve as that you join me in honoring James P. AMERICAN MEDICAL ASSOCIATION their Representative in Washington, D.C. Cheever today. I hope we all have the good f fortune to live such a full life as he has. He is HON. PETER J. VISCLOSKY a great man and his family and friends are OF INDIANA SUPPORT OF INTERNATIONAL very proud of all of these achievements. IN THE HOUSE OF REPRESENTATIVES EDUCATION WEEK f Wednesday, October 31, 2007 HON. RUSH D. HOLT IN RECOGNITION OF THE DISTIN- Mr. VISCLOSKY. Madam Speaker, it is with OF NEW JERSEY GUISHED CAREER OF JACK sincere admiration that I recognize the Asian- IN THE HOUSE OF REPRESENTATIVES FUCHS American Medical Association, which will be hosting their 31st annual dinner and charity Wednesday, October 31, 2007 HON. HARRY E. MITCHELL ball on Saturday, November 3, 2007, at the Mr. HOLT. Madam Speaker, I rise today in OF ARIZONA Avalon Manor in Hobart, Indiana. Each year, support of International Education Week, IN THE HOUSE OF REPRESENTATIVES the Asian-American Medical Association pays which is sponsored by the Departments of tribute to prominent, outstanding citizens and Education and State. International Education Wednesday, October 31, 2007 organizations for their contributions to the Week reminds us of the value of learning for- Mr. MITCHELL. Madam Speaker, I rise community. In recognition of their efforts, eign languages and learning about foreign cul- today to recognize long-time Tempe resident, these honorees are awarded the prestigious tures and traditions. chemistry professor, professional tympanist Crystal Globe Award each year at this annual In an increasingly interdependent global and friend: Jack Fuchs. banquet. community, it is important for America’s stu- Jack Fuchs is a remarkable person with a The Asian-American Medical Association dents to be students of the world, and to have lifetime of achievements. He recently retired has always been a great asset to northwest the opportunity to study abroad. While such after 55 years of teaching at my alma mater, Indiana. Its members have selflessly dedicated cultural exchanges benefit the individual, they Arizona State University. Those of us in the themselves to providing quality medical serv- are equally important for America’s inter- ASU community believe that he is the longest- ice to the residents of Indiana’s First Congres- national competitiveness and national security. serving faculty member in the history of the sional District, and they have always dem- Still, a survey from the Institute of International university. onstrated exemplary service through their Education shows that during the 2004/2005 After serving in Europe during World War II, many cultural, scholastic, and charitable en- school year, fewer than one percent of Amer- he arrived back in the States 62 years ago deavors. ican undergraduates studied abroad. This today. Jack wasted no time in pursuing a doc- At this year’s charity ball, the Asian-Amer- event reminds us that we can and must do toral degree at the University of Illinois, which ican Medical Association will present the Crys- better. he earned in 1950. Two short years later, he tal Globe Award to the Indiana University This week also reminds us of the impor- packed up his car and set out for a teaching School of Medicine—Northwest. Founded in tance of foreign language study. Studies have job in Tempe, which was located in foreign 1972, the Indiana University School of Medi- shown that early exposure to foreign language territory for an Illinois native—the deserts of cine—Northwest, which began with only four education in elementary school has been Arizona. faculty members, has become the largest re- found to improve children’s thinking proc- Rather than returning home, the Fuchs gional campus of the Indiana University esses, which help student achievement across thrived and put down roots. In addition to his School of Medicine outside of Bloomington all subject areas. teaching duties, Jack played professionally as and Indianapolis. Located on the campus of It is my great hope that this year, from No- the principal tympanist with the Phoenix Sym- Indiana University—Northwest in Gary, Indi- vember 12 through November 16, all those phony for 25 years. He shared the stage with ana, the school has received acclaim for its who recognize the importance of American in- the likes of Jack Benny, Pablo Casals and An- curriculum and innovation on a local, national, volvement in the world will take part in Inter- dres Segovia, just to name a few. He ex- and international level. In particular, the Prob- national Education Week. tended his musical career by performing with lem Based Learning Curriculum, which uses f the Sun Cities Symphony Orchestra for almost patient case studies as their primary edu- 20 years more, until just 5 years ago. cational tool, has received numerous acco- IN RECOGNITION OF RON MAY Jack also managed to keep his friends and lades for the university since its inception in fellow faculty members on their toes with a 1990. Since its founding in 1972 under the HON. DOUG LAMBORN mean game of tennis. Playing with legendary leadership of Dr. Panayotis Iatridis, the con- OF COLORADO coaches like Frank Kush, Bobby Winkles and tributions of the Indiana University School of IN THE HOUSE OF REPRESENTATIVES Ned Wulk did not dim his competitive drive to Medicine—Northwest, both in the education of win. its students and its commitment to the future, Wednesday, October 31, 2007 These other accomplishments might give have been a source of pride and hope for the Mr. LAMBORN. Madam Speaker, I rise the impression that his professional life took a First Congressional District. today to recognize State Senator Ron May back seat. Nothing could be further from the While the past 35 years have shown im- and the contributions he has made to my truth. Among other posts, Jack served as ex- mense advancements in the school’s cur- hometown of Colorado Springs and the State ecutive officer of the chemistry department for riculum, the future appears even brighter for of Colorado during his 27 years as a public 14 years, as well as national president of the the Indiana University School of Medicine— servant. Senator May, who has honorably rep- Society for Applied Spectroscopy. Northwest. Under the leadership of Dr. Patrick resented the 10th Senate District of Colorado But as a fellow teacher, I know Jack’s true Bankston, the school has made plans to ex- since 2001, will officially step down today, love was being in the classroom. Every year pand class size and to add the final two years Wednesday, October 31, 2007. A principled, for almost 40 years he offered summer pro- of medical education to the curriculum. Once capable legislator and a likeable, good-natured grams to young students to share with them this plan becomes a reality, which may occur man, Senator May will be sincerely missed by the love and excitement of chemistry he dis- as early as 2011, northwest Indiana will, for those who served with him in the State Cap- covered himself as a young boy. Who wouldn’t the first time, allow students to complete their ital, including myself, and the residents of Col- love to spend their summers exploring the medical education within the region. orado Springs.

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.017 E31OCPT1 bajohnson on PROD1PC69 with REMARKS October 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2291 Senator May’s lifelong dedication to public RECOGNIZING NATIONAL SPINA helping those living with and affected by this service began when he joined the Air Force in BIFIDA MONTH debilitating birth defect. Founded in 1973, SBA 1953. During his twenty-year military career, is the nation’s only organization solely dedi- Senator May gained extensive knowledge in HON. CHRISTOPHER H. SMITH cated to advocating on behalf of the Spina the areas of computer programming and tech- OF NEW JERSEY Bifida community. Through its nearly 60 chap- nology. This training shaped his post-military IN THE HOUSE OF REPRESENTATIVES ters in more than 125 communities, the SBA brings expectant parents together with those career as he was a charter member of the Wednesday, October 31, 2007 United States Internet Council, and served on who have a child with Spina Bifida. This inter- Mr. SMITH of New Jersey. Madam Speaker, Colorado’s Information Management Commis- action helps to answer questions and con- as Co-Chair of the Congressional Spina Bifida sion as well as the Multi-Use Network Service. cerns, but most importantly it lends much Caucus I rise today to recognize October as needed support and provides hope and inspi- In the State legislature, Senator May’s tech- National Spina Bifida Month. Currently, more ration. nological expertise was invaluable, as was his than 70,000 people in the United States live I thank the SBA for its partnership and its dedication to transportation infrastructure. with Spina Bifida, the Nation’s most common commitment to ensuring that we are doing all Senator May worked tirelessly to create fund- permanently disabling birth defect. Each Octo- that we can to reduce and prevent suffering ing within the budget that was devoted solely ber we honor these Americans during National from Spina Bifida. I encourage my colleagues to Colorado roadways, an action that dem- Spina Bifida Month, but we must be steadfast to join with me in recognizing October as Na- onstrated his commitment to responsible gov- in our efforts year round to prevent and re- tional Spina Bifida Month and in educating our ernment spending. duce suffering from this devastating birth de- constituents about the importance of folic acid Today I honor Senator May’s selfless career fect. consumption among women of child-bearing Spina Bifida is a neural tube defect that oc- and express my gratitude, as a resident of age. Together, with the SBA, we can help pre- curs in the first month of pregnancy when the Colorado Springs, for the positive things he vent Spina Bifida. spinal column does not close completely. An f has done for our city, county, and State. He average of eight babies a day are born with was a reliable vote for and a proponent of the Spina Bifida or a similar birth defect of the A TRIBUTE TO ELIZABETH SHELL conservative values upon which our country brain and spine. Currently, approximately CARR was founded. Although I am sad to see his 3,000 pregnancies each year are affected by public career come to an end, I know that we Spina Bifida; however, the Centers for Dis- HON. EDOLPHUS TOWNS will continue to benefit from Senator May’s ease Control and Prevention, CDC, estimates OF NEW YORK legacy. I wish him and his wife, Onella, their that up to 70 percent of Spina Bifida and other IN THE HOUSE OF REPRESENTATIVES fine children, and grandchildren, all the best in neural tube defects could be prevented if all Wednesday, October 31, 2007 his new career and life. women of childbearing age consumed 400 micrograms of folic acid daily, prior to becom- Mr. TOWNS. Madam Speaker, I rise today f ing pregnant. to pay tribute to an exceptional and caring Fortunately, the CDC’s National Spina Bifida woman on this day of her retirement, Elizabeth HONORING FIRE CHIEF LUTHER Program—which I helped to create with my Shell Carr. Elizabeth Carr, a New York li- FINCHER colleague and caucus co-chair Representative censed Clinical Social Worker, spent her first BART STUPAK—plays a critical role in address- years in Virginia with the Harlem Veteran’s ing both sides of the Spina Bifida equation— Center as a Military Sexual Trauma Counselor HON. SUE WILKINS MYRICK preventing the birth defect and providing sup- for combat and non-combat veterans. OF NORTH CAROLINA port and quality-of-life enhancement for people Elizabeth Carr recalls one of her most grati- living with it. I am proud that the National fying experiences as the organizer of a suc- IN THE HOUSE OF REPRESENTATIVES Spina Bifida Program—in its more than 4 cessful SPA Treatment Day which included breakfast, lunch, and the dissemination of in- Wednesday, October 31, 2007 years of existence—is making a significant dif- ference in the lives of people with Spina formation by the Mayor’s Office of Veteran Af- Mrs. MYRICK. Madam Speaker, Charlotte, Bifida. Now patients, parents, health profes- fairs. Nearly 50 women attended, each of NC is losing one of its most dedicated public sionals, and caregivers have the information them receiving a gift, as well as a certificate servants with the retirement of Fire Chief Lu- and resources they need to ensure that qual- of appreciation from New York State Senator ther Fincher after 45 years. I have personally ity-of-life is maximized for all who live with this Velmanette Montgomery for their service to known and worked with Luther for over 24 condition and that we are doing our best to re- our country. years. His professional achievements are duce the number of Spina Bifida affected For the past 2 years, Elizabeth Carr enjoyed many—including managing our Homeland Se- pregnancies through education and awareness working closer to home at Brooklyn’s VA Med- curity Programs and the Urban Area Security of women about the importance of their con- ical Center. She is a former member of the Social Work Education committee, assisted Initiative. Luther was instrumental in the devel- sumption of folic acid prior to becoming preg- with annual programs for ‘‘Women in Govern- opment of our ALERT team and led it with dis- nant. I want to express my deep gratitude to my ment’’ and Black History Month at the VA. She tinction. It was his dedication and experience colleagues on the House Appropriations Com- received a monetary performance award for that made it a reality and has helped Charlotte mittee who allocated $5.535 million for the Na- her outstanding contribution to the Employee to be recognized as the third most prepared tional Spina Bifida Program in the FY 2008 Assistance Program. city in the country for emergency manage- Labor-Health and Human Services-Education, Elizabeth Carr is a clinician with more than ment. LHHS, bill. As members of the House and 25 years experience in health and mental He is a charter member and past president Senate LHHS Subcommittees work to rec- health. She was previously employed with St. of the International Association of Fire Chiefs oncile the differences between their hills, I Luke’s Roosevelt Medical Center and was and has represented this organization all over urge my colleagues to cede to the House allo- also an adjunct professor of Graduate Social the world, as well as playing a role in passing cation and help ensure that the National Spina Work at both Columbia University and New significant fire legislation on a federal level. He Bifida Program receives adequate funding in York University. was also instrumental in establishing the four- the final FY 2008 LHHS measure so it can Elizabeth Carr is a long time resident of the year program on Fire Engineering Technology sustain and expand its important initiatives. Willoughby Walk Cooperative Apartments in at UNC-Charlotte. In addition, I hope my colleagues will sup- Brooklyn. She is proud of her close knit com- port the report language from the Senate FY munity and is actively involved. She has His awards and accomplishments are many, 2008 Agriculture Appropriations measure served many years as floor captain within the but I am most proud of the fact that Luther which urges the FDA to review—and hopefully co-op. She is also active in her church, Em- Fincher is one of the most loyal, sincere, fam- expand—current folic acid fortification stand- manuel Baptist. She was co-editor of the ily-oriented men I have ever known. I am ards so that we can continue to make strides church newspaper, member and chairperson proud to call him friend. in reducing the number of preventable neural for the Missions and Benevolence Ministry, He is retiring as Fire Chief, but I know he tube defects. and committee member for the church and co- will continue to lend his expertise to our city Lastly, I wish to thank the Spina Bifida As- operative’s commemorative anniversaries in and the Nation. sociation, SBA, for playing a critical role in both 2006 and 2007.

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.021 E31OCPT1 bajohnson on PROD1PC69 with REMARKS E2292 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2007 Elizabeth Carr has many plans for this new over the last four years as a result of violence, chaic structure of the guaranteed loan pro- phase of her life including completing a journal hunger, and disease. gram. I believe we can all agree that some and a book of poetry, visiting family and The tragic events unfolding in Darfur have type of comprehensive, market-based reform friends, and traveling. been felt intensely by local communities will be necessary to ensure the long-term via- Madam Speaker, Elizabeth Shell Carr has across the world. The strongest efforts to end bility of the guaranteed loan program and en- given a lot to America’s veterans, her church, the genocide will grow from the concerns of sure taxpayers’ interests are better served. and her community. I would like to recognize American citizens who can no longer sit quiet- My proposal would require the Secretaries all of her accomplishments and achievements ly by while the atrocities in Sudan continue and congratulate her on her retirement. unabated. I am proud to represent the people of Education and the Treasury, in conjunction Madam Speaker, I urge my colleagues to of California’s Sixth Congressional District, with the Government Accountability Office, join me in paying tribute to this wonderful who are among the people most involved in GAO, the Office of Management and Budget, woman. stopping the genocide in Darfur since the cri- OMB, and the Congressional Budget Office, CBO, to conduct a joint planning study to de- f sis started. Dear Sudan, now an international move- termine which market-mechanism model for TRIBUTE TO DEXTER AND BIRDIE ment, began in my hometown of Petaluma in determining lender returns on guaranteed YAGER 2004. Their goal was to raise enough money loans would best serve borrowers and tax- from citizens of Petaluma to feed the refugees payers. This study would allow the experts to HON. SUE WILKINS MYRICK from Darfur for one day. Dear Sudan, Love weigh the pros and cons of each proposal and OF NORTH CAROLINA Petaluma was so successful that other com- determine which option would be most favor- munities began organizing first locally, then able for trial in the pilot program. IN THE HOUSE OF REPRESENTATIVES spread across the Nation, and recently found- The pilot model will be selected by the Sec- Wednesday, October 31, 2007 ed chapters in other countries across the retaries based on key criteria, such as ensur- world. Mrs. MYRICK. Madam Speaker, I rise today ing sufficient loan availability to all participating Dear Sudan, Love Marin has hosted edu- to honor a great couple who are a wonderful institutions, minimizing administrative com- cational forums and worked to develop a example of what is right with America. Dexter plexity to borrowers and lenders, and reducing broad coalition of religious and community and Birdie Yager are celebrating their 50th the Federal cost if used on a program-wide wedding anniversary. Sadly, in America, it has groups, encompassing the entire San Fran- basis. Within 6 months of enactment of this become a rare thing for two people to stay to- cisco Bay Area. Another group, Marin Inter- legislation, the study group would report its gether this long. faith, has been instrumental in spreading the findings to Congress and begin implementa- They are the proud parents of seven kids. message about the ongoing genocide to the tion of a voluntary pilot program. The Yager family is extremely close—even religious community at large. working in a very successful business to- Additionally, students throughout the Sixth The voluntary, 2-year pilot program will gether. They exemplify achieving the Amer- District have organized under Save Darfur, begin in July 2008 and incorporate up to 10 ican dream through hard work, and they dem- other national organizations, or on their own to percent of the guaranteed loan portfolio, in- onstrate the love of a strong family who are help raise awareness for the crisis in Darfur by creasing up to 20 percent in 2009. To encour- there to help each other and others daily. I planning educational forums, rallying, and age meaningful college participation in the wish them many more happy years! washing cars to raise funds for refugees. Just pilot, any savings from the increased efficiency this past weekend, a student group in Santa f in the market model will be returned to the in- Rosa held a car wash at a local market, and stitution in the form of supplemental, need- RECOGNIZING AND COMMENDING this December, a group of students from Terra based grant aid. Finally, GAO would conduct EFFORTS TO RAISE AWARENESS Linda High School are planning a half-day an independent evaluation of the pilot program ABOUT AND HELP END THE conference on the genocide. and report its findings to Congress and the WORSENING HUMANITARIAN CRI- Groups like these demonstrate the best ele- Secretaries within 120 days after termination SIS AND GENOCIDE IN DARFUR, ments of our Nation, where people can come of the pilot. SUDAN together to work for change in the world. It is with their energy and passion in mind that we I believe that both the study and the pilot SPEECH OF must renew our commitment to end the geno- will provide critical and necessary information HON. LYNN C. WOOLSEY cide in Darfur. to Congress on how market-based reforms will impact the guaranteed loan program, before OF CALIFORNIA f such reforms are implemented on a program- IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE STUDENT wide basis. This is a measured and respon- Monday, October 29, 2007 LOAN AUCTION MARKET (SLAM) sible proposal that is based on voluntary par- ACT OF 2007 Ms. WOOLSEY. Mr. Speaker, I rise today in ticipation by both colleges and lenders. It is support of H. Res. 573 and to commend something that both supporters and skeptics grassroots and advocacy groups across the HON. THOMAS E. PETRI of the guaranteed loan program should em- country for their powerful voices and invalu- OF WISCONSIN brace. able efforts to raise awareness about the IN THE HOUSE OF REPRESENTATIVES Although a much narrower and prescriptive deepening humanitarian crisis in Darfur. This Wednesday, October 31, 2007 auction pilot was included in the College Cost resolution will honor these groups for their Reduction and Access Act, it has raised sig- hard work and urge the government to use its Mr. PETRI. Madam Speaker, today, I am in- nificant concerns among reform advocates, influence to halt the killing of innocent people troducing the Student Loan Auction Market, the Administration, and lenders about its feasi- in Darfur. Local communities continue to insist SLAM, Act to continue the process of com- bility and efficacy. My bill would not alter the that the international community honor its re- prehensive, structural reform of the guaran- Senate pilot that was agreed to in conference, sponsibility to end the ongoing genocide in teed student loan program. I believe this legis- but would require a second pilot by which to Darfur. We must heed their message, because lation would mark a critical step towards full compare outcomes between the two models. It it is one we cannot afford to ignore. market-based reform of the program and build is a responsible and pragmatic addition to the on the reforms incorporated in the bipartisan As a member of the House Subcommittee current auction pilot. on Africa and Global Health, the Congres- College Cost Reduction and Access Act, sional, the Human Rights Caucus, and the which was recently signed into law by Presi- I encourage my colleagues to support this Congressional Sudan Caucus, I share their dent Bush. legislation to further our understanding of mar- immediate concern that our country must do Specifically, the SLAM Act would further ef- ket-based reform options. Congress should al- everything it can to end the genocide in forts to study and pilot several market-based ways encourage innovation in the administra- Darfur. More than 2.5 million Darfurians have reforms, including auction and asset-backed tion of our student loan programs and contin- been displaced from their homes and as many securities models. The politically-set subsidy ually strive to better serve students and tax- as 400,000 Darfurians have needlessly died rate to lenders is a fundamental flaw in the ar- payers.

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.024 E31OCPT1 bajohnson on PROD1PC69 with REMARKS October 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2293 HONORING THE 80TH ANNIVER- Structure Maintenance and Investigations TRIBUTE TO RANDOLPH AIR SARY OF THE CALIFORNIA DE- personnel have responded in a timely and he- FORCE BASE IN SAN ANTONIO, PARTMENT OF TRANSPOR- roic fashion to a myriad of natural and man- TEXAS TATION, OFFICE OF STRUCTURE made disasters to protect public safety and MAINTENANCE, AND INVESTIGA- complete any needed repairs to California’s HON. PETE SESSIONS TIONS transportation system. While their efforts have OF TEXAS been well chronicled in major disasters such IN THE HOUSE OF REPRESENTATIVES as the 1989 Loma Prieta and 1994 Northridge HON. MIKE THOMPSON Wednesday, October 31, 2007 OF CALIFORNIA earthquakes, SM&I personnel routinely answer IN THE HOUSE OF REPRESENTATIVES the call to protect public safety. Such a case Mr. SESSIONS. Madam Speaker, I rise Wednesday, October 31, 2007 occurred last year in California’s Sonoma today to congratulate Randolph Air Force County where two engineers risked their own Base in San Antonio, Texas for its innovation Mr. THOMPSON of California. Madam safety to inspect the Highway 128 bridge over in water conservation. Roger Kiker, a civil en- Speaker, I rise today to pay tribute to the dedi- the rampaging Russian River near Geyserville. gineer at the base, and his staff have saved cated professionals of the California Depart- The engineers determined that the floodwaters taxpayers hundreds of thousands of dollars ment of Transportation’s (Caltrans) Office of had compromised the integrity of the bridge. with their water conservation efforts. Their in- Structure Maintenance and Investigations, They closed the structure and initiated a genuity in implementing an automatic meter (SM&I), which is marking its 80th anniversary project that resulted in construction of a new reading (AMR) system and other infrastructure of service to the people of the Golden State. bridge. improvements have relieved some drought In 1927, while Babe Ruth swatted 60 home concerns in the San Antonio area, which relies runs and Charles Lindbergh crossed the Atlan- Madam Speaker and colleagues, it is appro- solely on the Edwards Aquifer for water. tic Ocean solo, the State of California showed priate for us to convey to all the dedicated Mr. Kiker and the Randolph Air Force Base the wisdom and foresight to create a special professionals at the California Department of have proven to be leaders in water conserva- branch of engineering experts to ensure the Transportation’s Office of Structure Mainte- tion and environmental protection. Randolph safety and reliability of its State highways and nance and Investigations the thanks of a Air Force Base has reduced its water con- bridges. grateful State for years of dedicated service Babe Ruth’s home run mark fell in 1961 to ensuring the safety and reliability of Califor- sumption by 6.1 percent and saved over the bat of Roger Maris and air travel over the nia’s transportation system. 117,000,000 gallons of water this year by ‘‘pond’’ became a routine occurrence. All the reusing water, planting drought tolerant land- scaping, and fixing leaky meter infrastructure. while, California’s bridge maintenance pro- f gram has stood the test of time and continues This week, Mr. Kiker and Randolph Air to deliver on its mission of providing Califor- RECOGNIZING THE SUBURBAN Force Base will receive a 2007 Presidential nians with a safe and dependable network of CHAMBER OF COMMERCE OF Award for Leadership in Federal Energy Man- bridges carrying traffic and pedestrians over SUMMIT, NEW PROVIDENCE, AND agement for water conservation. I commend rivers, canyons, railroads, highways and city BERKELEY HEIGHTS, NEW JER- them for their success in this project and hope streets all across the Golden State. SEY others will follow suit in preserving our pre- That effort is still paying dividends for Cali- cious natural resources. fornia and the Nation. More than 24,000 State f and local agency bridges in California reliably HON. MIKE FERGUSON 90TH ANNIVERSARY OF THE 147TH serve millions of travelers and billions of dol- OF NEW JERSEY FIGHTER WING ELLINGTON lars of commerce because of the ongoing care FIELD, TEXAS provided by Structure Maintenance and Inves- IN THE HOUSE OF REPRESENTATIVES tigations staff. These structures run the gamut from the majestic San Francisco-Oakland Bay Wednesday, October 31, 2007 HON. TED POE and San Diego-Coronado bridges to the his- Mr. FERGUSON. Madam Speaker, I rise to OF TEXAS toric arch spans along the scenic Monterey recognize the Suburban Chamber of Com- IN THE HOUSE OF REPRESENTATIVES Coast and the tens of thousands of unassum- merce of Summit, New Providence, and Wednesday, October 31, 2007 ing concrete, steel and timber bridges dotting Berkeley Heights, New Jersey as it celebrates Mr. POE. Madam Speaker, in the United the California landscape. The safety and reli- its 90th Anniversary Gala this evening. ability of California’s bridges has been instru- States, we have an incredible history, espe- mental in fueling one of the world’s largest Since 1917, the Suburban Chamber of cially when it comes to our Armed Forces. economies. More than 160 million vehicle trips Commerce has been serving local business Today, I want to recognize one of Houston’s are recorded on California’s transportation interests in and around the city of Summit. own, the 147th Fighter Wing/111th Fighter system each day. The Chamber is a fixture in the community, Squadron Texas Air National Guard out of Caltrans Structure Maintenance and Inves- serving the interests of a wide variety of busi- Ellington Field, Texas. Their distinguished ac- tigations engineering personnel have con- nesses and professionals, and providing valu- complishments during times of war and peace ducted more than 650,000 routine inspections able help to charitable organizations. have made them well-known not only in and thousands of special hydraulic, steel and For the past 25 years the Chamber has Texas, but across the globe. underwater bridge inspections since 1927. overseen the Suburban Chambers Founda- The 111th Aero Squadron met its begin- They look for any signs of deterioration, fa- tion, a charitable organization whose most im- nings at Kelly Field on Aug. 14, 1917. How- tigue or distress in bridge decks, super- portant projects include scholarships for grad- ever, it was not until June 29, 1923, that the structures and substructures, and the office uates of Summit, New Providence and Berke- Squadron moved to its current location, Elling- has initiated tens of millions of dollars in re- ley Heights high schools, and the Vest-A-Cop ton Field. During the same year, they were pairs to ensure the safety and structural integ- program which helps pay the costs of bullet- designated a part of the Texas National Guard rity of each public agency bridge in California. proof vests for local police officers. under the title of the 111th Observation Thanks to the ongoing dedication of the Squadron, 36th Division. Structure Maintenance and Investigations pro- The Chamber plays a key role in developing Their emblem, which is one of the oldest in fessionals, no public agency bridge in Cali- and bringing the community together. Each the United States Air Force, known as the fornia has ever collapsed due to neglect. The year it promotes numerous local events and Ace-In-The-Hole, signifies their interconnect- charities, including the Summit Summer Street bridge inspection program pioneered by Struc-  edness to the State of Texas. Its immortal ture Maintenance & Investigations has be- Fair, Santa’s Arrival, First Night Summit, the stance in Texas culture results from the come the model for transportation agencies New Providence Christmas Walk, the Berkeley grandfathering of the insignia at its inception. around the Nation and the world. Heights Fall Festival, and May is Pride in This motion works to prevent any future alter- As part of its ongoing bridge maintenance Berkeley Heights. ation to the historical design. program, Structure Maintenance and Inves- I am proud that the 7th District that I rep- On Sept. 25, 1940, as the country was on tigations maintains a library of more than one resent is home to a fine organization so dedi- the brink of World War II, the 111th became million documents, some dating back more cated to fostering community, and I am part of the federal war effort. Soon thereafter, than 100 years, documenting the history of pleased to honor the Chamber’s 90th anniver- the Squadron was reintroduced as part of the each public agency bridge in California. sary today. 68th Observation Group.

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.029 E31OCPT1 bajohnson on PROD1PC69 with REMARKS E2294 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2007 Following a short assignment protecting the IN HONOR OF SHREVE ‘‘MAC’’ the three National Park Service, NPS, golf U.S. border, they began preparations for over- ARCHER III courses in the District of Columbia. Several seas combat. During the war, their initial de- years of research, investigation and consulting ployments led the Squadron to the Algerian HON. SAM FARR on ways to improve these courses dem- beaches, in Operation Torch. In 1943, the OF CALIFORNIA onstrate this bill is necessary to turn around 111th was chosen to take part in the Tunisian IN THE HOUSE OF REPRESENTATIVES the deterioration of these unique and valuable Campaign of the Army’s II Corps. Later, as- Federal assets. Langston Golf Course, Rock Wednesday, October 31, 2007 signed to the 7th Army in Sicily, they served Creek Golf Course, and East Potomac Golf as the aerial support to allied troops until the Mr. FARR. Madam Speaker, I rise today to Course are in desperate need of capital in- end of the war. honor the memory and many accomplish- vestment to maintain and preserve their his- ments of Shreve ‘‘Mac’’ Archer III, pediatrician, toric features and to reverse decades of dete- Respectably, this famed crew flew 3,840 race driver, inventor, and my cousin. He rioration. missions from 1943 to 1945. While serving as passed away in June, 2007 after a long battle the eyes of the military, they destroyed 44 East Potomac Golf Course was built in 1920 with leukemia. enemy aircraft, damaged 20 and had 12 prob- and included three courses that accommo- Mac was born in St. Paul, MN, in Sep- dated all levels of play, with an 18-hole tour- able kills. Because of their valor, the 111th re- tember, 1948. He moved to California and at- ceived eight Battle Stars, the Presidential Unit nament level course and two nine-hole prac- tended the University of California at Santa tice courses. East Potomac was initially seg- Citation as well as recognitions from the Cruz and Claremont Men’s College, finally ob- French Government. regated, with African Americans permitted to taining his medical degree in 1979 at the Uni- play only on Mondays. The course was deseg- In December 1945, they returned to Texas versity of Miami, Florida. As a pediatrician in regated in 1941 by the Secretary of the Inte- as the 111th Fighter Squadron. On Oct. 10, Carmel, CA, he specialized in learning disabil- rior, Harold Ickes, following pressure from an 1950, the 111th returned to battle for the Ko- ities, attention deficit disorder, and behavioral African American women golfers club, the rean War. Throughout this 22-month theater, problems. He was well known for treating, Wake Robin Golf Club. Rock Creek Golf they became attached to the 136th Fighter studying, and funding programs for shaken Course opened in 1923 as a nine-hole golf Group. The Squadron again performed gal- baby syndrome and traumatic brain and spinal course and an additional nine holes were lantly and destroyed 1,343 railroad cars, 1,943 injuries. added to make Rock Creek an 18-hole tour- buildings, 88 bridges, 126 gun emplacements, My cousin was equally well known on the nament level course in 1926. Langston Golf 89 boats, 2 MIG–15 fighters and participated racing circuit as a professional motorcycle Course opened in 1939 as a segregated golf in activities that resulted in 5,578 enemy troop racer, and later as a vintage car racer for 20 facility for African Americans and is listed in casualties. years in his beloved ‘‘Old Bertha,’’ a bright red the National Register of Historic Places. Cobra 427. Steve Earle, who founded the When foreign disagreements subsided, they Langston was the home course to the Royal Monterey Historic Races 34 years ago, said of were assigned to Air Defense Command on Golf Club and the Wake Robin Golf Club, the Mac: ‘‘He always drove as competitively as U.S. soil. Later, pilots from the Fighter Wing Nation’s first clubs for African American men possible, but without losing his manners. He provided aerial support for American troops and women golfers respectively. Langston was was a gentleman and a great guy, and every- during the Vietnam Conflict from 1968–1970. named for John Mercer Langston, the first Af- one admired his driving.’’ rican American Congressman from Virginia Following the events of September 11, Mac combined his knowledge of medicine elected in 1888. Originally a nine-hole course, 2001, the newly renamed 147th escorted and racing in a most creative way. His busi- Langston’s expansion to an 18-hole course President George W. Bush and his father on- ness, Entropy Racing and Impact Medical began in 1955, but was not completed until board Air Force One back to Washington, DC. Technologies, created safety products for the mid-1980s. Later that year, they were deployed within the cars, motorcycles, and jets. He and his long- The courses were built and have been ad- United States in support of Operation Noble time friend Eric Bernhard designed such items ministered by the NPS since the early 20th Eagle. as a helmet for the U.S. Air Force that lessens century for the enjoyment of the general pub- The 147th was deployed in 2005 for Oper- the impact experienced when ejecting from lic. However, despite their best efforts, NPS ation Iraqi Freedom and the Global War on jets. They patented the idea of flexible armor has had a constant struggle to maintain the Terror. Continuing the Squadron’s noted per- and created a back protector that cushions the courses. None has been modernized and all formance during previous conflicts, pilots of spinal cord, which is now standard gear for three courses have fallen into disrepair and the Fighter Wing flew 462 sorties, with 100 motorcycle racers and is being used more and lack the amenities necessary to serve the pub- percent maintenance delivery, 100 percent more by street riders. They designed an air lic today. As a result, they are underused con- mission effectiveness along with 100 percent bag for motorcycle helmets that stabilizes the sidering their value to the public. neck in a crash, and helped to design the ex- weapons employment hits while under ex- NPS was created by Congress to ‘‘. . . con- tremely challenging combat conditions. tractable seat now used in Formula 1 racecars. At the time of his death he was serve the scenery and the natural and histor- Although the list of overseas wartime ac- working on a child’s safety car seat that would ical objects and the wild life therein, and to complishments for the 111th are many, so is move on tracks to reduce the g-load during a provide for the enjoyment of the same in such the impact and assistance provided by the crash and also protect the head. a manner and by such means as will leave same men and women on a national level to Madam Speaker, I honor the life of Shreve them unimpaired for the enjoyment of future local issues. Since 1989 the Fighter Wing pi- ‘‘Mac’’ Archer III, a man who combined his generations.’’ (16 U.S.C. 1) However, NPS’s lots have utilized the C–26 Merlin to conduct work and play in such a way as to make the own backlog of repairs, its chronic funding lim- counter-drug law enforcement missions world a better place for all of us. I know I itations, and the continuing use of concession throughout the area. Most recently, in re- speak for every Member of Congress in offer- contracts that are inappropriate for the unique sponse to Hurricanes Katrina and Rita, the ing our condolences to his wife, Kim, and their capital investment required for golf courses Squadron came to aid those in this area who sons Damon and Shreve IV. His passing militate against appropriate maintenance, his- needed it most. These fine Americans have leaves us sad for our own loss, but grateful for toric preservation and the NPS mission ‘‘to and continue to provide tremendous service to the life he shared with us. leave them unimpaired for the public enjoy- ment.’’ This bill will restore the original intent the United States, the State of Texas and to f the communities surrounding Ellington Field. of Congress, consistent with this important GOLF COURSE PRESERVATION NPS mission. I am proud to recognize the many accom- AND MODERNIZATION ACT OF 2007 The three courses together constitute an un- plishments of this great group of Texas patri- dervalued public asset that, if appropriately ots. On the 90th anniversary, I would like to HON. ELEANOR HOLMES NORTON funded, could be renovated and modernized, recognize these brave men and women for facilitating affordable recreation, attracting sig- their service to the United States. I am also OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES nificantly more golfers, and perhaps producing privileged to have served at Ellington Field in new revenue for the United States Treasury. the United States Air Force Reserve, 704th Wednesday, October 31, 2007 Unlike other NPS facilities, golf courses re- TAS, 924th Troop Carrier Group, 446th Troop Ms. NORTON. Madam Speaker, today, I in- quire unique and continuing significant capital Carrier Wing from 1970–1976. troduce the Golf Course Preservation and investment to keep them not only maintained And that’s just the way it is. Modernization Act to renovate and modernize but operational. As a result for nearly 100

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A31OC8.033 E31OCPT1 bajohnson on PROD1PC69 with REMARKS October 31, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2295 years, the courses have had problems associ- that these courses will stay in the same poor ers and three rescuers at the Crandall Canyon ated with upkeep and insufficient capital in- condition until 2015. East Potomac was ex- Mine this year has highlighted the severe vestment. Without a ready source for capital cluded from the proposed concession contract communication challenges that miners face investment, apart from appropriations, NPS because its concession contract expires next when deep underground. has continuously struggled to manage and year, not for any reason associated with main- While mines generally use reliable commu- maintain each of these courses since their in- taining and improving the courses for public nications systems, some mines—specifically, use. This separates East Potomac, the only fi- ception. There is no prospect that the nec- deep underground mines—present a number nancially viable golf course from Langston and essary Federal funds for capital investment of unique challenges that make communica- Rock Creek, the two that need subsidy for and improvement of golf will be available tions and tracking more difficult. For example, their operations. The effect will leave Langston today or in the future. Moreover, the current the open air pathway required for radio signals and Rock Creek worse off then they are fee to play at the golf courses, as established and WiFi often do not exist in underground today. in the concessions contract process, must re- mines and less than ten percent of the radio main affordable and cannot generate sufficient This bill would exempt these golf courses spectrum that is used above ground can be revenue for NPS or the concessioners to keep from concession law and bind the three used underground. Additionally, in the event of the courses properly maintained, or to make courses into one contract. This approach ap- a catastrophic event, existing communications the capital investment required for a golf plies another vehicle commonly used by the systems are often compromised. course today. In fact, NPS owes millions of Federal Government to allow for more creative dollars to the concessioner of the golf courses solutions consistent with the NPS mission to This bill would help improve tracking and for necessary improvements. preserve general public access and preserve communications systems for two-way commu- General Services Administration land and the historic qualities of the courses. The single nication between the miners and people above real estate professionals and other experts ad- long-term ground lease for all three courses, ground. Specifically, H.R. 3877 would accel- vise that the best option consistent with Fed- designed outside of the constraints of conces- erate the research and development of inno- eral law and practices is to create a long-term sion law, provided by this bill would encourage vative mine tracking and communications ground lease that bundles all three of the private investment in these courses, improve technologies. Since the National Institute for courses into a single contract and then to re- the quality of the courses, ensure affordable Occupational Safety and Health (NIOSH) ad- quest proposals that allow for response with play, and preserve their historic nature. dresses oversight of immediately available ideas and alternatives for modernization and I urge my colleagues to support this legisla- technologies, this legislation is targeted R&D maintenance consistent with anticipated use tion. for new technologies to advance our ability to and affordability. This bill requires that historic f communicate underground. Under this legisla- features of the courses be preserved and that tion, the National Institute of Standards and two of the three courses remain affordable to FLOOR CONSIDERATION OF THE Technology (NIST) would establish an initia- the general public. MINE COMMUNICATIONS TECH- tive to promote the research, development, The confines of Federal concession law in- NOLOGY INNOVATION ACT OF and demonstration of miner tracking and com- hibited NPS and the concessioner from mak- 2007 munications systems and to promote the es- ing improvements to the courses because tablishment of standards and other measure- Federal concession laws are incompatible with SPEECH OF ment services regarding underground miners. golf course operations. Historically, the con- HON. MARK UDALL Not only will this legislation help miners, but strictions of NPS concessions law have been OF COLORADO it will draw upon the expertise of Colorado re- a direct cause of disrepair and capital dis- IN THE HOUSE OF REPRESENTATIVES searchers. NIST’s Boulder labs have already investment, reducing the quality of play and Monday, October 29, 2007 begun similar work for communications in col- jeopardizing the historic preservation of the lapsed buildings and are well positioned to courses. However, the NPS is attempting to Mr. UDALL of Colorado. Madam Speaker, support this new effort with its experience in join two of the three golf courses together for as a cosponsor, I rise in strong support of developing technical standards, best practices the next 7 years under a proposed concession H.R. 3877, the Mine Communications Tech- and conformance testing. contract that was issued on October 23, 2007. nology Innovation Act, which was introduced The draft contract requires only that the next by our colleague from Utah, Mr. MATHESON. This bill will ensure that our miners have the concessioner be able to perform routine repair Mining is an important part of our history state-of-the-art equipment they need to com- and maintenance consistent with NPS practice and it will be critical to our future as well, but municate with people above ground, especially and the limits imposed by concession law. The we have seen too many mining accidents that in times of emergency. I urge the House to draft contract does not and could not impose have ended in tragedy. Too often, these trage- support this important legislation that will help any requirement that capital improvements be dies have been related to difficulties with com- us save lives in the future. made to the courses, usually guaranteeing munication. The unfortunate deaths of six min-

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A31OC8.036 E31OCPT1 bajohnson on PROD1PC69 with REMARKS E2296 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 2007 SENATE COMMITTEE MEETINGS 2:30 p.m. utary to the Verde River in the State Finance of Arizona, as wild and scenic rivers, S. Title IV of Senate Resolution 4, Social Security, Pensions and Family Pol- 1365, to amend the Omnibus Parks and agreed to by the Senate on February 4, icy Subcommittee Public Lands Management Act of 1996 1977, calls for establishment of a sys- To hold hearings to examine the Govern- to authorize the Secretary of the Inte- tem for a computerized schedule of all ment Pension Offset (GPO), and the rior to enter into cooperative agree- Windfall Elimination Provision (WEP), ments with any of the management meetings and hearings of Senate com- focusing on policies affecting pensions partners of the Boston Harbor Islands mittees, subcommittees, joint commit- from work not covered by Social Secu- National Recreation Area, S. 1449, to tees, and committees of conference. rity. SD–215 establish the Rocky Mountain Science This title requires all such committees Collections Center to assist in pre- to notify the Office of the Senate Daily NOVEMBER 7 serving the archeological, anthropo- Digest—designated by the Rules Com- logical, paleontological, zoological, and mittee—of the time, place, and purpose 9:30 a.m. Small Business and Entrepreneurship geologic artifacts and archival docu- of the meetings, when scheduled, and Business meeting to markup an original mentation from the Rocky Mountain any cancellations or changes in the bill entitled, ‘‘Small Business Con- region through the construction of an meetings as they occur. tracting Revitalization Act of 2007’’. on-site, secure collections facility for the Denver Museum of Nature and As an additional procedure along SR–428A Veterans’ Affairs Science in Denver, Colorado, S. 1921, to with the computerization of this infor- To hold an oversight hearing to examine amend the American Battlefield Pro- mation, the Office of the Senate Daily the performance and structure of the tection Act of 1996 to extend the au- Digest will prepare this information for United States Court of Appeals for Vet- thorization for that Act, S. 1941, to di- printing in the Extensions of Remarks erans. rect the Secretary of the Interior to section of the CONGRESSIONAL RECORD SD–562 study the suitability and feasibility of on Monday and Wednesday of each 10 a.m. designating the Wolf House, located in week. Judiciary Norfolk, Arkansas, as a unit of the Na- To hold hearings to examine the United tional Park System, S. 1961, to expand States government enforcement of in- Meetings scheduled for Thursday, No- the boundaries of the Little River Can- tellectual property rights. vember 1, 2007 may be found in the yon National Preserve in the State of Daily Digest of today’s RECORD. SD–226 Rules and Administration Alabama, S. 1991, to authorize the Sec- To hold hearings to examine the Govern- retary of the Interior to conduct a MEETINGS SCHEDULED ment Accountability Office report fo- study to determine the suitability and feasibility of extending the Lewis and NOVEMBER 5 cusing on funding challenges and facili- ties maintenance at the Smithsonian Clark National Historic Trail to in- 3 p.m. Institution. clude additional sites associated with Commission on Security and Cooperation SR–301 the preparation and return phases of in Europe 1:30 p.m. the expedition, S. 2098, to establish the To hold hearings to examine the twenty- Banking, Housing, and Urban Affairs Northern Plains Heritage Area in the first century security in the Organiza- To hold hearings to examine sovereign State of North Dakota, S. 2220, to tion for Security and Co-operation in wealth fund acquisitions and other for- amend the Outdoor Recreation Act of Europe (OSCE) region, focusing on eign government investments in the 1963 to authorize certain appropria- challenges among member states, pro- United States, focusing on economic tions, and H.R. 1191, to authorize the tracted and unresolved conflicts, shift- and national security implications. National Park Service to pay for serv- ing political and military alliances, SD–538 while still confronting the threat of ices rendered by subcontractors under a General Services Administration In- terrorism. NOVEMBER 8 2212–RHOB definite Deliver Indefinite Quantity 10 a.m. Contract issued for work to be com- Health, Education, Labor, and Pensions pleted at the Grand Canyon National NOVEMBER 6 To hold hearings to examine ways to pro- Park. 10 a.m. tect the employment rights of those Energy and Natural Resources who protect the United States. SD–366 To hold hearings to examine the efficacy SD–430 of the domestic energy industry, focus- Joint Economic Committee NOVEMBER 13 ing on its available workforce to meet To hold hearings to examine the employ- 2:30 p.m. our nation’s growing needs. ment-unemployment situation for No- Energy and Natural Resources SD–366 vember 2007. To hold an oversight hearing to examine Judiciary SH–216 the Surface Mining Control and Rec- Business meeting to continue consider- 2:30 p.m. lamation Act (Public Law 95–87), focus- ation of the nomination of Michael B. Energy and Natural Resources ing on policy issues thirty years later. Mukasey, of New York, to be Attorney National Parks Subcommittee SD–366 General. To hold hearings to examine S. 86, to des- SD–226 ignate segments of Fossil Creek, a trib-

VerDate Aug 31 2005 04:13 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M31OC8.000 E31OCPT1 bajohnson on PROD1PC69 with REMARKS Wednesday, October 31, 2007 Daily Digest Senate of the Social Security Act to extend and improve the Chamber Action Children’s Health Insurance Program. Routine Proceedings, pages S13589–S13646 Pages S13598–S13611 Measures Introduced: Thirteen bills and two reso- During consideration of this measure today, Senate lutions were introduced, as follows: S. 2267–2279, also took the following action: and S. Res. 361–362. Page S13624 By 62 yeas to 33 nays (Vote No. 401), three-fifths Measures Reported: of those Senators duly chosen and sworn, having S. 2271, to authorize State and local governments voted in the affirmative, Senate agreed to the motion to divest assets in companies that conduct business to close further debate on the motion to proceed to operations in Sudan, to prohibit United States Gov- consideration of the bill. Page S13610 ernment contracts with such companies. (S. Rept. A unanimous-consent agreement was reached pro- No. 110–213) Page S13624 viding that the vote on the motion to proceed to consideration of the bill be considered as if the vote Measures Passed: had occurred at 6:30 p.m., on Wednesday, October Collection of Donations to United States Mili- 31, 2007 and concluded at 6:50 p.m. with the time tary Personnel: Senate agreed to S. Res. 361, to per- following the conclusion of morning business prior mit the collection of donations in Senate buildings to the vote equally divided between the two Leaders, to be sent to United States military personnel on ac- or their designees. Page S13598 tive duty overseas participating in or in support of A unanimous-consent agreement was reached pro- Operation Iraqi Freedom, Operation Enduring Free- viding for further consideration of the motion to dom, and the war on terrorism. Page S13645 proceed to consideration of the bill at approximately American Society of Agronomy 100th Anniver- 11 a.m., on Thursday, November 1, 2007; provided sary: Senate agreed to S. Res. 362, recognizing 2007 further, that all time consumed in morning business as the year of the 100th anniversary of the American during Wednesday, October 31, 2007 as Thursday, Society of Agronomy. Pages S13645–46 November 1, 2007, as well as the time during the Charlie Norwood Department of Veterans Af- adjournment, count post-cloture. Page S13646 fairs Medical Center: Committee on Veterans’ Af- Measures Placed on the Calendar: fairs was discharged from further consideration of Pages S13589, S13622–23 H.R. 1808, to designate the Department of Veterans Executive Communications: Page S13623 Affairs Medical Center in Augusta, Georgia, as the ‘‘Charlie Norwood Department of Veterans Affairs Executive Reports of Committees: Page S13624 Medical Center’’, and the bill was then passed, clear- Additional Cosponsors: Pages S13624–25 ing the measure for the President. Page S13646 Statements on Introduced Bills/Resolutions: Navy SEALs National Museum: Committee on Pages S13625–41 Armed Services was discharged from further consid- Additional Statements: Pages S13621–22 eration of H.R. 2779, to recognize the Navy UDT–SEAL Museum in Fort Pierce, Florida, as the Amendments Submitted: Pages S13641–44 official national museum of Navy SEALs and their Authorities for Committees To Meet: predecessors, and the bill was then passed, clearing Pages S13644–45 the measure for the President. Page S13646 Record Votes: One record vote was taken today. Measures Considered: (Total—401) Page S13610 State Children’s Health Insurance Program: Sen- Adjournment: Senate convened at 12 noon and ad- ate resumed consideration of the motion to proceed journed at 5:49 p.m., until 10 a.m. on Thursday, to consideration of H.R. 3963, to amend title XXI November 1, 2007. (For Senate’s program, see the D1451

VerDate Aug 31 2005 04:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC7.REC D31OCPT1 bajohnson on PROD1PC69 with DIGEST D1452 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 2007 remarks of the Acting Majority Leader in today’s missioners, and Kenneth A. Cook, Environmental Record on page S13646.) Working Group, both of Washington, DC. BUSINESS MEETING Committee Meetings Committee on Foreign Relations: Committee ordered fa- vorably reported the following: (Committees not listed did not meet) United Nations Convention on the Law of the Sea, CLIMATE DISCLOSURE with Annexes, done at Montego Bay, December 10, 1982 (the ‘‘Convention’’), and the Agreement Relat- Committee on Banking, Housing, and Urban Affairs: ing to the Implementation of Part XI of the United Subcommittee on Securities, Insurance and Invest- Nations Convention on the Law of the Sea of 10 De- ment concluded a hearing to examine climate disclo- cember 1982, with Annex, adopted at New York, sure, focusing on measuring financial risks and op- July 28, 1994 (the ‘‘Agreement’’), and signed by the portunities, including how economics can inform na- United States, subject to ratification, on July 29, tional and global responses to the risks and opportu- 1994 (Treaty Doc. 103–39); nities of climate change, and how those risks might Convention Between the Government of the be connected with the health of financial markets, United States of America and the Government of the after receiving testimony from Gary W. Yohe, Wes- Kingdom of Belgium for the Avoidance of Double leyan University, Middletown, Connecticut; Jeffrey Taxation and the Prevention of Fiscal Evasion with A. Smith, Cravath, Swaine and Moore LLP, New Respect to Taxes on Income and accompanying Pro- York, New York; Mindy S. Lubber, Ceres, on behalf tocol, signed on November 27, 2006, at Brussels of the Investor Network on Climate Risk, Boston, (the ‘‘proposed Treaty’’) (Treaty Doc. 110–03); Massachusetts; and Russell Read, California Public Protocol Amending the Convention Between the Employees’ Retirement System, Sacramento, Cali- Government of the United States of America and the fornia. Government of the Kingdom of Denmark for the BIPARTISAN TASK FORCE FOR Avoidance of Double Taxation and the Prevention of RESPONSIBLE FISCAL ACTION ACT OF 2007 Fiscal Evasion with Respect to Taxes on Income signed at Copenhagen May 2, 2006 (the ‘‘Protocol’’) Committee on the Budget: Committee concluded a hear- (Treaty Doc. 109–19); ing to examine S. 2063, to establish a Bipartisan Protocol Amending the Convention Between the Task Force for Responsible Fiscal Action, to assure Government of the United States of America and the the economic security of the United States, and to Government of the Republic of Finland for the expand future prosperity and growth for all Ameri- Avoidance of Double Taxation and the Prevention of cans, after receiving testimony from Representative Fiscal Evasion with Respect to Taxes on Income and Hoyer; David M. Walker, Comptroller General of on Capital, signed at Helsinki May 31, 2006 (the the United States, Government Accountability Of- ‘‘Protocol’’) (Treaty Doc. 109–18); fice; former Representative Leon E. Panetta, Panetta Protocol Amending the Convention Between the Institute for Public Policy, Seaside, California; and United States of America and the Federal Republic William D. Novelli, AARP, and Robert L. Bixby, of Germany for the Avoidance of Double Taxation Concord Coalition, both of Washington, DC. and the Prevention of Fiscal Evasion with Respect to YUCCA MOUNTAIN REPOSITORY Taxes on Income and Capital and to Certain Other Taxes, Signed on August 29, 1989, signed at Berlin Committee on Environment and Public Works: Com- June 1, 2006 (the ‘‘Protocol’’), along with a related mittee concluded a hearing to examine the licensing Joint Declaration (Treaty Doc. 109–20); and process for the Yucca Mountain Repository, after re- The nominations of Patrick Francis Kennedy, of ceiving testimony from Senators Reid, Ensign, and Illinois, to be an Under Secretary of State (Manage- DeMint; Edward F. Sproat III, Director of the Office ment), Sean R. Mulvaney, of Illinois, to be an As- of Civilian Radioactive Waste Management, Depart- sistant Administrator of the United States Agency ment of Energy; Robert J. Meyers, Principal Deputy for International Development, and Daniel D. Assistant Administrator for the Office of Air and Heath, of New Hampshire, to be United States Al- Radiation, Environmental Protection Agency; Mi- ternate Executive Director of the International Mon- chael Weber, Director, Office of Nuclear Material etary Fund. Safety and Safeguards, U.S. Nuclear Regulatory Commission; Catherine Cortez Masto, Nevada Attor- MENTAL HEALTH CARE IN THE GULF ney General, Carson City; and James Y. Kerr II, COAST North Carolina Utilities Commissioner, on behalf of Committee on Homeland Security and Governmental Af- the National Association of Regulatory Utility Com- fairs: Ad Hoc Subcommittee on Disaster Recovery

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concluded a hearing to examine post-catastrophe cri- provisions of that Act, and H.R. 3773, to amend the sis, focusing on addressing the dramatic need and Foreign Intelligence Surveillance Act of 1978 to es- scant availability of mental health care in the Gulf tablish a procedure for authorizing certain acquisi- Coast area, after receiving testimony from A. Kath- tions of foreign intelligence, after receiving testi- ryn Power, Director, Center for Mental Health Serv- mony from Kenneth L. Wainstein, Assistant Attor- ices, Substance Abuse and Mental Health Services ney General, National Security Division, Department Administration, Department of Health and Human of Justice; and Edward J. Black, Computer and Services; Jan M. Kasofsky, Capital Area Human Communications Industry Association, Patrick F. Services District (CAHSD), Baton Rouge, Louisiana; Philbin, former Associate Deputy Attorney General, Ronald C. Kessler, Harvard Medical School Depart- Kirkland and Ellis, and Morton H. Halperin, Open ment of Health Care Policy, Boston, Massachusetts, Society Institute, all of Washington, DC. on behalf of the Hurricane Katrina Community Ad- visory Group (CAG) study; and Anthony H. Speier, UNIFORMED SERVICES EMPLOYMENT AND Louisiana Department of Health and Hospitals, REEMPLOYMENT RIGHTS ACT Kevin U. Stephens, News Orleans Health Depart- ment, and Howard J. Osofsky, and Mark H. Town- Committee on Veterans’ Affairs: Committee concluded send, both of Louisiana State University Health an oversight hearing to examine the Uniformed Serv- Sciences Center Department of Psychiatry, all of ices Employment and Reemployment Rights Act New Orleans, Louisiana. (USERRA), focusing on servicemembers, their fami- lies, and our national security, after receiving testi- FISA AMENDMENTS mony from George H. Stalcup, Director, Strategic Committee on the Judiciary: Committee concluded a Issues, Government Accountability Office; Charles S. hearing to examine Foreign Intelligence Surveillance Ciccolella, Assistant Secretary for Veterans Employ- Act (FISA) amendments, focusing on ways to protect ment and Training, and Patrick Boulay, Chief, Americans’ security and privacy while preserving the USERRA Unit, both of the Department of Labor; rule of law and government accountability, including James Byrne, Deputy Special Counsel, Office of Spe- S. 2248, to amend the Foreign Intelligence Surveil- cial Counsel; and Mathew B. Tully, Tully, Rinckey lance Act of 1978, to modernize and streamline the and Associates, PLLC, Albany, New York. h House of Representatives Chaplain: The prayer was offered by the guest Chamber Action Chaplain, Rev. Eric W. Jorgensen, St. Stephen’s Re- Public Bills and Resolutions Introduced: 23 pub- formed Episcopal Church, Eldersburg, Maryland. lic bills, H.R. 4014–4036; 2 private bills, H.R. Page H12241 4037–4038; and 4 resolutions, H.J. Res. 61; H. Con. Res. 244; and H. Res. 786–787 were intro- Journal: The House agreed to the Speaker’s approval of the Journal by a yea-and-nay vote of 222 yeas to duced. Pages H12383–84 190 nays with 2 voting ‘‘present’’, Roll No. 1023. Additional Cosponsors: Pages H12384–85 Pages H12252–53 Reports Filed: Reports were filed today as follows: Trade and Globalization Act of 2007: The House H.R. 3890, to amend the Burmese Freedom and passed H.R. 3920, to amend the Trade Act of 1974 Democracy Act of 2003 to waive the requirement for to reauthorize trade adjustment assistance and to ex- annual renewal resolutions relating to import sanc- tend trade adjustment assistance to service workers tions, impose import sanctions on Burmese and firms, by a yea-and-nay vote of 264 yeas to 157 gemstones, expand the number of individuals against nays, Roll No. 1025. Pages H12253–H12337 whom the visa ban is applicable, and expand the Pursuant to the rule, the amendment in the na- blocking of assets and other prohibited activities, ture of a substitute recommended by the Committee with an amendment (H. Rept. 110–418, Pt. 1) and on Ways and Means now printed in the bill, modi- H.R. 3355, to ensure the availability and afford- fied by the amendment printed in part A of H. ability of homeowners’ insurance coverage for cata- Rept. 110–417, shall be considered as adopted. strophic events, with an amendment (H. Rept. Page H12266 110–419). Page H12383

VerDate Aug 31 2005 04:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC7.REC D31OCPT1 bajohnson on PROD1PC69 with DIGEST D1454 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 2007 Agreed by unanimous consent that during the Appointed as conferees: Representatives Obey, consideration of H.R. 3920, the amendment printed Lowey, DeLauro, Jackson (IL), Kennedy, Roybal-Al- in part B of H. Rept. 110–417 is modified by the lard, Lee, Udall (NM), Honda, McCollum (MN), form placed at the desk. Pages H12289–93 Ryan (OH), Murtha, Edwards, Walsh (NY), Regula, Rejected: Peterson (PA), Weldon (FL), Simpson, Rehberg, McCrery modified amendment in the nature of a Young (FL), Wicker, and Lewis (CA). Page H12348 substitute (printed in part B of H. Rept. 110–417) Committee Resignation: Read a letter from Rep- that would have reauthorized the Trade Adjustment resentative Langevin wherein he resigned from the Assistance (TAA) programs for workers, firms and Committee on Armed Services, effective today. farmers for 5 years. Restructured the TAA to in- Page H12348 crease training options while retaining the current two years of income support for TAA for workers Senate Message: Message received from the Senate program participants who remain unemployed and today appears on page H12253. train full-time. Increased the federal share of month- Senate Referrals: S. 294 and S. 2265 were referred ly TAA participant premiums for the Health Cov- to the Committee on Transportation and Infrastruc- erage Tax Credit (HCTC) from 65% today to 70% ture and S. 2198 was referred to the Committee on and continues HCTC. Allowed States to apply for House Administration. Pages H12253, H12382 waivers of unemployment compensation program Quorum Calls—Votes: Five yea-and-nay votes and rules. Expanded the new markets tax credit to ben- one recorded vote developed during the proceedings efit firms and workers in local communities im- of today and appear on pages H12251–52, H12252, pacted by trade, globalization, and other causes of H12252–53, H12335–36, H12337 and H12347. job loss. Extended Workforce Investment Act (WIA) There were no quorum calls. employment and training programs, creates a con- solidated funding stream, and increases State and Adjournment: The House met at 10 a.m. and ad- local flexibility. Provided for collection of Unem- journed at 10:12 p.m. ployment Insurance overpayments (by a yea-and-nay vote of 196 yeas to 226 nays, Roll No. 1024). Pages H12293–H12336 Committee Meetings Agreed that the Clerk be authorized to make technical and conforming changes to reflect the ac- S–MINER ACT tions of the House. Page H12348 Committee on Education and Labor: Ordered reported, H. Res. 781, the rule providing for consideration as amended, H.R. 2768, Supplemental Mine Im- of the bill, was agreed to by a recorded vote of 222 provement and New Emergency Response Act of ayes to 193 noes, Roll No. 1022, after agreeing to 2007. order the previous question by a yea-and-nay vote of 224 yeas to 190 nays, Roll No. 1021. DIGITAL TELEVISION TRANSITION (PART Pages H12244–52 III) Moment of Silence: The House observed a moment Committee on Energy and Commerce: Subcommittee on of silence in honor of Peter Hoagland, former Mem- Telecommunications and The Internet, to continued ber of Congress. Page H12336 hearings entitled ‘‘Status of the DTV Transition— Moment of Silence: The House observed a moment Part 3.’’ Testimony was heard from public witnesses. of silence in honor of Thomas Meskill, former Mem- ber of Congress. Page H12336 MISCELLANEOUS MEASURES Departments of Labor, Health and Human Serv- Committee on Financial Services: Ordered reported the ices, and Education, and Related Agencies Ap- following bills: H.R. 3873, Section 515 Rural Hous- propriations Act, 2008—Motion to go to Con- ing Property Transfer Improvement Act of 2007; ference: The House disagreed to the amendment of H.R. 3959, amended, To amend the National Flood the Senate to H.R. 3043, making appropriations for Insurance Act of 1968 to provide for the phase-in of the Departments of Labor, Health and Human Serv- actuarial rates for certain pre-FIRM properties; H.R. ices, and Education, and related agencies for the fis- 3965, amended, Mark-to-Mark Extension and En- cal year ending September 30, 2008, and agreed to hancement Act of 2007; and H.R. 3703, To amend a conference by voice vote. Pages H12337–48 section 5112(p)(1)(A) of title 31, United States Rejected the Lewis (CA) motion to instruct con- Code, to allow an exception for the $1 coin dis- ferees on the bill by a yea-and-nay vote of 191 yeas pensing capability requirement for certain vending to 222 nays, Roll No. 1026. Pages H12343–47 machines.

VerDate Aug 31 2005 04:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC7.REC D31OCPT1 bajohnson on PROD1PC69 with DIGEST October 31, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1455 NON-ABORTION FAMILY PLANNING AID General, Office of Legal Policy, Department of Jus- Committee on Foreign Affairs: Held a hearing on The tice; Marcy Forman, Director, Office of Investiga- Mexico City Policy/Global Gag Rule: Its Impact on tions, U.S. Immigration and Customs Enforcement, Family Planning and Reproductive Health. Testi- Department of Homeland Security; and public wit- mony was heard from public witnesses. nesses. STATE DEPARTMENT’S INSPECTOR IZEMBEK AND ALASKA PENINSULA GENERAL WILDLIFE REFUGES Committee on Foreign Affairs: Subcommittee on Inter- Committee on Natural Resources: Held a hearing on national Organizations, Human Rights, and Over- H.R. 2801, Izembek and Alaska Peninsula Wildlife sight held a hearing on the Activities of the Depart- Refuges and Wilderness Enhancement and King ment of State’s Office of the Inspector General. Tes- Cove Safe Access Act. Testimony was heard from H. timony was heard from David M. Walker, Comp- Dale Hall, Director, U.S. Fish and Wildlife Service, troller General, GAO. Department of the Interior; Dick Mylius, Director, HOMELAND SECURITY FAILURES Division of Mining, Land and Water, Department of Natural Resources, State of Alaska; and public wit- Committee on Homeland Security: Held a hearing enti- nesses. tled ‘‘Homeland Security: TWIC Failures: TWIC Examined.’’ Testimony was heard from the following ENERGY DEVELOPMENT ENVIRONMENT officials of the Department of Homeland Security: HEALTH EXEMPTIONS Edmond S. Hawley, Administrator, Transportation Committee on Oversight and Government Reform: Held a Security Administration; and ADM Brian Salerno, hearing on Oil and Gas Development: Exemptions in USCG, Director, Inspection and Compliance, U.S. Health and Environmental Protections. Testimony Coast Guard; Cathy Berrick, Director, Homeland Se- was heard from Robert Anderson, Deputy Assistant curity and Justice, GAO; Bethann Rooney, Manager, Director, Minerals, Realty and Resource Protection, Port Security, Port Commerce Department, Port Au- Bureau of Land Management, Department of the In- thority of New York and New Jersey; and public terior; Benjamin H. Grumbles, Assistant Adminis- witnesses. trator, Water, EPA; and public witnesses. NUCLEAR FORENSICS AND ATTRIBUTION NASA’S AVIATION SAFETY ACT Committee on Science and Technology: Held a hearing on Committee on Homeland Security: Subcommittee on Aviation Safety: Can NASA Do More To Protect the Emerging Threats, Cybersecurity, and Science and Public? Testimony was heard from Michael Griffin, Technology approved for full Committee action, as Administrator, NASA; and public witnesses. amended, H.R. 2631, Nuclear Forensics and Attri- bution Act. NANOTECHNOLOGY ENVIRONMENT/ CYBERSECURITY ELEMENTS-SECTOR SAFETY IMPACTS SPECIFIC PLANS Committee on Science and Technology: Subcommittee on Committee on Homeland Security: Subcommittee on Research and Science Education held a hearing on Emerging Threats, Cybersecurity, and Science and Research on Environmental and Safety Impacts of Technology and the Subcommittee on Transportation Nanotechnology: Current Status of Planning and Im- Security and Infrastructure Protection held a joint plementation under the National Nanotechnology hearing entitled ‘‘Enhancing and Implementing the Initiative. Testimony was heard from public wit- Cybersecurity Elements of the Sector Specific Plans.’’ nesses. Testimony was heard from Greg Garcia, Assistant MEDICAL EQUIPMENT SUPPLIER Secretary, Office of Cyber Security and Tele- COMPETITION communication, Department of Homeland Security; David Powner, Director, Information Technology Committee on Small Business: Subcommittee on Inves- Management Issues, GAO; and public witnesses. tigations and Oversight held a hearing entitled ‘‘Competitive Bidding for Durable Medical Equip- ANTI-TRAFFICKING PROGRAMS ment: Will Small Suppliers Be Able To Compete?’’ REAUTHORIZATION Testimony was heard from Laurence D. Wilson, Di- Committee on the Judiciary: Held a hearing on Com- rector, Chronic Care Policy Group, Center for Medi- bating Modern Slavery: Reauthorization of Anti- care Management, Centers for Medicare and Med- Trafficking Programs. Testimony was heard from icaid Services, Department of Health and Human Laurence Rothenberg, Deputy Assistant Attorney Services; and public witnesses.

VerDate Aug 31 2005 04:11 Nov 01, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC7.REC D31OCPT1 bajohnson on PROD1PC69 with DIGEST D1456 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 2007 MISCELLANEOUS MEASURES Radzely, of Maryland, to be Deputy Secretary, both of the Department of Labor, 10:30 a.m., SD–430. Committee on Transportation and Infrastructure: Ordered Committee on Homeland Security and Governmental Affairs: reported the following measures: H.R. 3999, Na- Subcommittee on Federal Financial Management, Govern- tional Highway Bridge Reconstruction and Inspec- ment Information, Federal Services, and International Se- tion Act of 2007; H.R. 3495, amended, Kids in curity, to hold hearings to examine the Small Business Disasters Well-being, Safety, and Health Act of Administration, focusing on the efficacy of the 7(a) loan 2007; H.R. 3986, John F. Kennedy Center Reau- program, 2 p.m., SD–342. thorization Act of 2007; H.R. 2537, amended, Committee on Indian Affairs: to hold an oversight hear- Beach Protection Act of 2007; H.R. 3985, Over-the- ing to examine the impact of the Flood Control Act of Road Bus Transportation Accessibility Act of 2007; 1944 on Indian Tribes along the Missouri River, 9:30 H.R. 3315, To provide that the great hall of the a.m., SD–628. Capital Visitor Center shall be known as the Eman- Committee on the Judiciary: business meeting to consider S. 2168, to amend title 18, United States Code, to enable cipation Hall; H.R. 3712, To designate the Federal increased federal prosecution of identity theft crimes and building and United States courthouse located at to allow for restitution to victims of identity theft, S. 1716 Spielbusch Avenue in Toledo Ohio, as the 1946, to help Federal prosecutors and investigators com- ‘‘James M. And Thomas W. L. Ashley Customs bat public corruption by strengthening and clarifying the Building and United States Courthouse;’’ H. Res. law, S. 352, to provide for media coverage of Federal 661, Honoring the accomplishments of Barrington court proceedings, S. 2135, to prohibit the recruitment Antonio Irving, the youngest pilot and first person or use of child soldiers, to designate persons who recruit of African descent ever to fly solo around the world; or use child soldiers as inadmissible aliens, to allow the and H. Res. 772, Recognizing the American High- deportation of persons who recruit or use child soldiers, way Users Alliance on the occasion of its 75th anni- and the nominations of John Daniel Tinder, of Indiana, versary. to be United States Circuit Judge for the Seventh Circuit, Julie L. Myers, of Kansas, to be Assistant Secretary of The Committee also approved U.S. Army Corps of Homeland Security, and Michael J. Sullivan, of Massachu- Engineers Survey Resolutions. setts, to be Director, Bureau of Alcohol, Tobacco, Fire- arms, and Explosives, 10 a.m., SD–226. U.S.-PERU TRADE PROMOTION Select Committee on Intelligence: meeting of conferees on AGREEMENT IMPLEMENTATION proposed legislation authorizing funds for fiscal year 2008 Committee on Ways and Means: Ordered reported H.R. for the intelligence community, 10 a.m., S–407, Capitol. 3688, United States-Peru Trade Promotion Agree- Full Committee, to hold closed hearings to examine ment Implementation Act. certain intelligence matters, 2:30 p.m., SH–219. House BRIEFINGS Committee on the Budget, hearing on Counting the Permanent Select Committee on Intelligence: Met in execu- Change: Accounting for the Fiscal Impacts of Controlling tive session to receive briefings on the following: Carbon Emissions, 11:30 a.m., 210 Cannon. Hot Spots; DNI Personnel; and the CIA. The Com- Committee on Education and Labor, hearing on Barriers to mittee was briefed by departmental witnesses. Equal Educational Opportunities: Addressing the Rising Costs of a College Education, 11 a.m., 2175 Rayburn. f Committee on Energy and Commerce, Subcommittee Over- COMMITTEE MEETINGS FOR THURSDAY, sight and Investigations, hearing entitled ‘‘FDA Foreign NOVEMBER 1, 2007 Drug Inspection Program: A System at Risk,’’ 10 a.m., 2123 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Homeland Security, Subcommittee on Trans- portation Security and Infrastructure Protection, hearing Senate entitled ‘‘Aviation Security Part II: A Frontline Perspec- Committee on Environment and Public Works: Sub- tive on the Need for Enhanced Human Resources and committee on Private Sector and Consumer Solutions to Equipment,’’ 2 p.m., 311 Cannon. Global Warming and Wildlife Protection, business meet- Committee on the Judiciary, Subcommittee on Commer- ing to consider S. 2191, to direct the Administrator of cial and Administrative Law, hearing on H.R. 3359, Mo- the Environmental Protection Agency to establish a pro- bile Workforce State Income Tax Fairness and Simplifica- gram to decrease emissions of greenhouse gases, 9 a.m., tion Act of 2007, 12 p.m., 2237 Rayburn. SD–406. Subcommittee on Crime, hearing on H.R. 2878, En- Committee on Finance: to hold hearings to examine pend- hanced Financial Recovery and Equitable Retirement ing nominations, 10 a.m., SD–215. Treatment Act of 2007; and to mark up the following Committee on Health, Education, Labor, and Pensions: to bills: H.R. 2489, Genocide Accountability Act of 2007; hold hearings to examine the nominations of Gregory F. H.R. 3971, Death in Custody Reporting Act of 2007; Jacob, of New Jersey, to be Solicitor, and Howard H.R. 3992, Mentally Ill Offender Treatment and Crime

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Reducation Reauthorization and Improvement Act of Committee on Veterans’ Affairs, Subcommittee on Health, 2007, 10 a.m., 2141 Rayburn. hearing on the VA Construction Process, 10 a.m., 334 Committee on Natural Resources, Subcommittee on Na- Cannon. tional Parks, Forests and Public Lands, hearing on H.R. Committee on Ways and Means, to mark up the following 3301, Southeast Arizona Land Exchange and Conservation bills: H.R. 3996, Temporary Tax Relief Act of 2007; and Act of 2007, 10 a.m., 1324 Longworth. H.R. 3997, Heroes Earnings Assistance and Relief Tax Committee on Oversight and Government Reform, hearing on Act of 2007, 11:30 a.m., 1100 Longworth. The Administration’s Regulatory Actions on Medicaid: Select Committee on Energy Independence and Global Warm- The Effects on Patients, Doctors, Hospitals, and States, ing, hearing entitled ‘‘Wildfires and the Climate Crisis,’’ 10 a.m., 2154 Rayburn. 10 a.m., 2172 Rayburn. Subcommittee on Government Management, Organiza- tion and Procurement, hearing on Too Many Cooks? Co- Joint Meetings ordinating Federal and State Health IT, 2 p.m., 2154 Joint Hearing: Senate Select Committee on Intelligence, Rayburn. meeting of conferees on proposed legislation authorizing Committee on Small Business, hearing on Evaluating the funds for fiscal year 2008 for the intelligence community, Impact of Pending Free Trade Agreements upon U.S. 10 a.m., S–407, Capitol. Small Businesses, 10 a.m., 2360 Rayburn. Conference: meeting of conferees on H.R. 3043, making Committee on Transportation and Infrastructure, Sub- appropriations for the Departments of Labor, Health and committee on Highway and Transit, hearing on Drug Human Services, and Education, and related agencies for and Alcohol Testing of Commercial Motor Vehicle Driv- the fiscal year ending September 30, 2008, 10 a.m., ers, 10 a.m., 2167 Rayburn. HC–5, Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, November 1 10 a.m., Thursday, November 1

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: H.R. 2262—Hardrock Mining morning business (not to extend beyond 60 minutes), and Reclamation Act of 2007 (Structured Rule). Senate will continue consideration of the motion to pro- ceed to the consideration of H.R. 3963, Children’s Health Insurance Program Reauthorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Meek, Kendrick B., Fla., E2289 Shuster, Bill, Pa., E2287, E2287, E2287, E2288 Mitchell, Harry E., Ariz., E2290 Smith, Christopher H., N.J., E2291 Farr, Sam, Calif., E2294 Myrick, Sue Wilkins, N.C., E2291, E2292 Thompson, Mike, Calif., E2293 Ferguson, Mike, N.J., E2293 Norton, Eleanor Holmes, D.C., E2294 Towns, Edolphus, N.Y., E2291 Franks, Trent, Ariz., E2287, E2288, E2288 Petri, Thomas E., Wisc., E2292 Udall, Mark, Colo., E2295 Holt, Rush D., N.J., E2290 Poe, Ted, Tex., E2293 Kildee, Dale E., Mich., E2287, E2288 Rangel, Charles B., N.Y., E2287, E2288, E2289 Visclosky, Peter J., Ind., E2290 Lamborn, Doug, Colo., E2290 Rodriguez, Ciro D., Tex., E2288 Woolsey, Lynn C., Calif., E2292 Lowey, Nita M., N.Y., E2288 Sessions, Pete, Tex., E2293

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