February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4793 HOUSE OF REPRESENTATIVES—Wednesday, February 28, 2007

The House met at 10 a.m. and was I pledge allegiance to the Flag of the ADMINISTRATION WANTS TO TALK called to order by the Speaker pro tem- United States of America, and to the Repub- TO IRAN WHILE PLANNING WAR pore (Mr. PASTOR). lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Mr. KUCINICH. Mr. Speaker, the ad- f ministration now says it wants to talk f to Iran. At the same time it is making DESIGNATION OF THE SPEAKER INTRODUCTION OF REV. TYRONE plans to attack Iran. By saying it PRO TEMPORE SKINNER, GUEST CHAPLAIN wants to talk to Iran and Syria, the ad- The SPEAKER pro tempore laid be- (Mr. SCHIFF asked and was given ministration appears to be reversing fore the House the following commu- permission to address the House for 1 course after spending 2 months pump- nication from the Speaker: minute.) ing the media full of anonymously WASHINGTON, DC, Mr. SCHIFF. Mr. Speaker, I rise sourced articles reporting to link Iran February 28, 2007. today to recognize the Reverend Ty- to the Iraq war. I hereby appoint the Honorable ED PASTOR rone Skinner of the Metropolitan Bap- Now it says it wants to talk. Making to act as Speaker pro tempore on this day. tist Church in Altadena, California, as it appear that it wants to avoid an- NANCY PELOSI, other war. Right. Think about it. Air- Speaker of the House of Representatives. guest Chaplain of the House of Rep- resentatives. craft carriers to the region, mine f Pastor Skinner embarked on his ca- sweepers to the Persian Gulf, arming neighboring countries with Patriot PRAYER reer as a preacher at a remarkably young age. He delivered his first public missiles, ordering an increase in a The Reverend Tyrone Skinner, Pas- sermon at the age of 10. While at Strategic Petroleum Reserve, antici- tor, Metropolitan Baptist Church, Al- Bishop College in Dallas, Texas, in pur- pating an oil embargo. When this ad- tadena, California, offered the fol- suit of his bachelor’s degree, he joined ministration puts the guns on the table lowing prayer: the First Baptist Church of Hamilton and says let’s talk, chances are it is Dear gracious God our savior, we Park. He earned his Master’s of Divin- going to shoot first and ask questions spend these moments reverencing You ity Degree from the Perkins School of later, just like in Iraq. as we invoke Your presence in this Wake up, Congress. This administra- Theology at Southern Methodist Uni- place so that sound judicious decisions tion is planning an attack on Iran with versity in 1989. One year later, he be- will be made that will benefit our de- or without the permission of this came pastor of Metropolitan Baptist mocracy. We admit our shortcomings House. Church. and our need for Your guidance in all Under Reverend Skinner’s char- f that is done in this place. ismatic leadership, the Metropolitan THE HURRICANE AND TORNADO We seek Your face to address racism, Baptist Church has seen incredible MITIGATION INVESTMENT ACT classism, sexism, and other discrimina- transformations. Pastor Skinner has tions that divide us and seek to devour (Mr. BILIRAKIS asked and was given enriched the worship experience for 800 the very core of our democracy. We lift permission to address the House for 1 members and has overseen significant especially the victims of Katrina and minute and to revise and extend his re- infrastructure improvements to the other natural disasters in our country marks.) church facility. Pastor Skinner was in- that they may find peace and resolu- Mr. BILIRAKIS. Mr. Speaker, my strumental in engaging church mem- tion to the quest for placement that State of Florida is going through a cri- bers in a Body and Soul program by should be theirs. sis, a crisis that began with the dev- serving as a judge at a men’s cook-off Finally, we pray for our troops who astating hurricanes that ripped and encouraging members to become fight for the cause of democracy in through my State in recent years, a more healthy physically as well as Iraq. We know You will not allow their crisis made worse by the overwhelming spiritually. tornados that plagued central Florida fighting to be in vain. Thank you for Pastor Skinner helped establish hearing our prayer, and we now listen earlier this month. Praise Team, Praise Dancers, Soldiers These and other natural disasters for Your voice to direct our paths. for Christ Stomp Team, and several have pushed homeowners’ insurance In the name of Him who has been other ministries in the church. He also rates to unaffordable levels. As a re- given all power. Amen. established a 501(c)3 nonprofit, the sult, many of my constituents have f Metropolitan Community Action Serv- been forced to leave the area they call THE JOURNAL ices Corporation, which has been a home. It is incumbent upon this body sponsor of the Young African American to pass legislation that would help my The SPEAKER pro tempore. The Male Conference. State and others affected by these Chair has examined the Journal of the The list of Reverend Skinner’s ac- forces reduce the cost of skyrocketing last day’s proceedings and announces complishments is long, his altruism is homeowners’ insurance rates. to the House his approval thereof. broad. Last year, Metropolitan cele- I have introduced H.R. 913, the Hurri- Pursuant to clause 1, rule I, the Jour- brated its 100th anniversary, and today cane and Tornado Mitigation Invest- nal stands approved. is a fitting capstone to his service to ment Act to do just that. My bill would f the church, the community and now to provide tax incentives to home and the country. business owners to better protect their PLEDGE OF ALLEGIANCE f homes and businesses from major The SPEAKER pro tempore. Will the storms to reduce the loss of innocent gentleman from Florida (Mr. BILI- ANNOUNCEMENT BY THE SPEAKER lives and destruction of private prop- RAKIS) come forward and lead the PRO TEMPORE erty. The end result would be more House in the Pledge of Allegiance. The SPEAKER pro tempore. The manageable insurance rates. Mr. BILIRAKIS led the Pledge of Al- Chair will entertain up to 15 one- Mr. Speaker, hurricane season begins legiance as follows: minute speeches on each side. in a few months, but the tornados that

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.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4794 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 hit my State are a stark reminder that BUSH ADMINISTRATION’S SPIN ON military, many severely injured, have Mother Nature doesn’t keep a calendar. BRITISH TROOP WITHDRAWAL received anything less than stellar I encourage my colleagues to support NOT HELPFUL FOR THE FUTURE health care from this agency. The exec- and help me pass H.R. 913. (Mr. HARE asked and was given per- utive branch, starting with the admin- f mission to address the House for 1 istration, has fallen short. THE PRESIDENT’S BUDGET AND minute and to revise and extend his re- f NATIONAL DEBT marks.) THE PRESIDENT’S BUDGET AND Mr. HARE. Mr. Speaker, last week (Mr. WALZ of Minnesota asked and NATIONAL DEBT, TIME TO RE- British Prime Minister Tony Blair an- was given permission to address the STORE FISCAL DISCIPLINE IN nounced that he plans to withdraw House for 1 minute.) WASHINGTON 1,600 British troops this summer. The Mr. WALZ of Minnesota. Mr. Speak- (Mr. KLEIN of Florida asked and was administration’s response, this is good er, President Bush recently released given permission to address the House news, because it shows that some good his seventh budget, and it is more of for 1 minute and to revise and extend things are happening in Iraq. Nice spin. the same. The Bush administration’s his remarks.) 2008 budget continues the same fiscal But one has to wonder why our closest Mr. KLEIN of Florida. Mr. Speaker, irresponsibility of the past 6 years, ally in this war is pulling out troops at the President’s 2008 budget proposal sending us spiraling ever further into the very same time this administration does not properly address the concern debt while failing to address this Na- wants to send 21,500 additional U.S. sol- of American families. President Bush tion’s critical issues. diers into Iraq. once again proposes substantial cuts to During this administration and past The British say they are withdrawing programs so important to our districts Republican-led Congresses, they took a their troops because the Shiite-domi- like Medicare, Medicaid, education and 10-year surplus of $5.6 trillion left over nated southern region is relatively the environment. He then uses those from the Clinton administration and calm. That is, indeed, good news. But if funds not to offset our country’s mas- turned it into a $8.2 trillion deficit that the British really believed, as this sive debt, but instead to fund expensive mortgages our children’s future. De- President does, that expanding number tax cuts that do not grow our economy spite the President’s continuous prom- of troops in Baghdad would lead to the and give it to people who need it the ise to balance the budget by 2012, the same results there, wouldn’t they least. Unfortunately, budgets like this current budget gets us no closer. choose to move these troops into Bagh- are what we have come to expect from Mr. Speaker, this budget is not only dad rather than pull them out com- an administration with the worst fi- fiscally irresponsible, it is morally ir- pletely? nancial fiscal record in our Nation’s responsible. We should not be piling No matter how the Bush administra- history. mounds of debt owed to foreign nations tion tries to spin it, the British with- During the 6 years of the Bush ad- onto the backs of America’s children, drawal is not good news for the admin- ministration, the government has post- while giving massive tax cuts to the istration’s troop escalation plan. Why ed the highest deficits in history, wealthiest few. should we be sending thousands more squandering billions of dollars in budg- Democrats are working to restore fis- of our troops to Iraq when Britain and et surpluses and making massive cuts cal responsibility, economic prosperity other coalition members are pulling to vital programs. The President’s mis- for all and pay-as-you-go policy to the out? It is time the administration guided priorities have forced him to Federal budget. It is time the Presi- stops spinning and instead answers borrow money from foreign nations dent joined us. The American people al- these questions. like China and Japan, more than all of ready have. f 42 Presidents combined. This is not a f VETERANS ADMINISTRATION record to be proud of. Mr. Speaker, we simply cannot han- MISMANAGEMENT CARD CHECK = PEER PRESSURE dle more of the same, and unfortu- (Mr. WILSON of South Carolina (Mrs. BLACKBURN asked and was nately that is what this budget pro- asked and was given permission to ad- given permission to address the House poses. I stand ready to work with dress the House for 1 minute and to re- for 1 minute and to revise and extend Democrats and Republicans to take our vise and extend his remarks.) her remarks.) Nation in a new direction of fiscal re- Mr. WILSON of South Carolina. Mr. Mrs. BLACKBURN. Mr. Speaker, I sponsibility. We plan to do that. come to the floor today with a heavy Speaker, tomorrow the House will con- f sider the unfortunately named Em- heart and a new set of questions for the ployee Free Choice Act. Contrary to bureaucracy here in Washington, DC. I VICTIMS OF USS ‘‘COLE’’ AND the title’s implication, this bill will re- am here because it appears that our JUSTICE peal employees’ rights to hold secret veterans, who have been wounded and (Mr. POE asked and was given per- ballot elections when deciding whether are in dire need of medical care, have mission to address the House for 1 to form a union. received shamefully substandard care minute.) The so-called card check provision of by the Veterans Administration, the Mr. POE. Mr. Speaker, as the USS the bill would force union membership agency charged with treating the vet- Cole patrolled the seas around Yemen, by the signing of a form and thus deny- erans who have sacrificed their body a boat piloted by al-Qaeda interna- ing employees having secret ballot and soul for our country, and they have tional criminals drew near to the Navy elections. As citizens of a democratic fallen short of their mission. destroyer and bombed the ship. On that Nation, Americans have the right to Reports from our government audits, day in the year 2000, 17 American sol- elect their public officials in secrecy and, recently, the report here in News- diers were murdered. and without coercion. week really shines the light on the The families of these 17 soldiers are Republicans will fight to uphold a travesty that is a bureaucratic boon- now suing the Sudanese Government worker’s rights by offering an alter- doggle at the VA. Many men and for damages. Why? Because the Sudan native to this misguided legislation. women who were casualties of war, funded and provided training for these This alternative, championed by the they are looking for help, they are ei- terrorists. The Sudanese Government late Congressman Charlie Norwood, ther being given the bureaucratic run is outraged that they should be held fi- guarantees workers the right of a se- around or substandard care or housed nancially responsible. However, a U.S. cret ballot election and prohibits any- in decrepit facilities, if they are lucky. Federal court judge disagrees and is al- one from coercively subjecting employ- I have repeatedly voted to increase lowing the victims’ families to con- ees to a card check campaign. the VA funding. They have received a tinue their pursuit. In conclusion, God bless our troops, lot of money. They have got plenty of Sudan is now asking the U.S. Su- and we will never forget September 11. it, and I think it is disgraceful that our preme Court to dismiss this unique

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4795 lawsuit. But the Supreme Court must stan. Eradicating opium must become ers vulnerable to coercion, pressure, allow this case to proceed and the vic- a priority. We must crack down on the outright intimidation and threats. tims to obtain justice. Sudan fed the drug lords, train local law enforce- Supporters of the bill claim it is nec- terrorist cells that attacked the Cole. ment, and help build the Afghan econ- essary to preserve workers’ rights, They gave them safe harbor and let omy to provide opportunities for mak- when, in reality, this bill is not about them exist. ing an honest living. And we must ask workers at all. Rather, it is about Big U.S. citizens murdered by inter- our friends in Afghanistan’s govern- Labor’s last desperate attempt to re- national terrorists overseas must be ment to help us in this effort. The safe- tain power. able to seek damages from the country ty of our troops depends on it. I urge my colleagues to vote for responsible for the crime. The message f workers’ rights by voting ‘‘no’’ on this to these nations that sponsor terror, bill. INJURED TROOPS DESERVE BET- you too will pay for your sins when you f sponsor international outlaws. TER THAN WHAT THEY GOT AT And that’s just the way it is. WALTER REED’S BUILDING 18 EMPLOYEE FREE CHOICE ACT f (Ms. WATSON asked and was given (Mr. BACA asked and was given per- permission to address the House for 1 mission to address the House for 1 1015 b minute.) minute.) PRESIDENT BUSH’S BUDGET IS Ms. WATSON. Mr. Speaker, thanks Mr. BACA. Mr. Speaker, I rise today FISCALLY AND MORALLY IRRE- to a 4-month investigation by the to support the Employee Free Choice SPONSIBLE Washington Post, the world learned Act. Too many workers are being har- (Mr. SIRES asked and was given per- last week that our Nation’s injured sol- assed by their employers because they mission to address the House for 1 diers are not receiving the care they want to form a union. We must put an minute.) deserve once they return from active end to scare tactics. This bill restores Mr. SIRES. Mr. Speaker, it is easy to duty. the right of workers to bargain for a tell where President Bush’s priorities The Post investigation described con- better life. It will help 6 million work- lie when you look at his proposed fiscal ditions at Walter Reed Hospital that ers join for better wages, benefits, year 2008 budget. It is with big business are deplorable. One of the buildings at working conditions and improving the and the wealthiest 1 percent. the facility, Building 18, showed signs quality of life. No more employer har- This proposed budget is fiscally irre- of neglect everywhere: mouse drop- assment. Simple and fair. The card- sponsible, creating trillions of dollars pings, cockroaches, stained carpets, based system is pressure free. When in new deficit, but it is also morally ir- cheap mattresses and mold on the ceil- workers choose, bargaining results are responsible for slashing funding for ings. After the Post printed its findings more peaceful, worker-friendly. Please Medicare, education, energy, homeland last week, the Pentagon finally started vote for this important legislation. security and veterans. renovating Building 18, but it should f The President’s budget slashes Medi- not have taken the embarrassment of BLACK HISTORY MONTH care and Medicaid funding by about this investigation for the Pentagon to $300 billion over the next 10 years, do the right thing. (Mr. AL GREEN of Texas asked and without offering relief to millions of American soldiers who have put their was given permission to address the Americans without health insurance. lives on the line for this Nation deserve House for 1 minute and to revise and The Bush budget also cuts funds for re- better than what they are getting at extend his remarks.) newable energy grants, despite his Building 18. The Pentagon says it was Mr. AL GREEN of Texas. Mr. Speak- State of the Union pledge to tackle our forced into housing hundreds of troops er, this is the very last day of the Nation’s energy crisis. He even reduces there after all the other buildings were month of February, which is Black His- State homeland security preparedness filled to capacity, and now the Presi- tory Month, and today I rise to thank grants. Perhaps worst of all, the Bush dent wants to send more troops to Iraq. the many Members who have supported budget cuts veterans health care by Mr. Speaker, it is critical that this H. Res. 198, which recognizes the sig- $3.5 billion. Congress ensure that the Pentagon nificance of Black History Month. Mr. Speaker, Democrats will put the meets the needs of our injured soldiers. This piece of legislation is supported needs of working families first in our f by conservatives, moderates and lib- erals. It is a piece of legislation that I budget in the coming weeks. CARD CHECK BILL f received not one negative comment on. (Ms. FOXX asked and was given per- Every person that we requested agreed AFGHANISTAN’S OPIUM PROBLEM mission to address the House for 1 to support the legislation. So I thank (Mr. PITTS asked and was given per- minute.) those who supported it. mission to address the House for 1 Ms. FOXX. Mr. Speaker, I rise in op- But I also, Mr. Speaker, want to minute and to revise and extend his re- position to the so-called Employee apologize to the many that I did not marks.) Free Choice Act which provides em- approach and ask for support because Mr. PITTS. Mr. Speaker, America ployees anything but free choice. Con- my belief is that this kind of legisla- has a drug problem, and I am not refer- trary to its title, the bill would strip tion will receive the support of all per- ring to the war on drugs on our streets. workers of their right to privacy in sons of goodwill. African Americans in I am referring to the booming illegal union organization elections by remov- the diaspora in America merit this opium trade in Afghanistan. This is our ing the option of a secret ballot. kind of support. The Members of this problem, Mr. Speaker, because the This paradoxical bill will kill private House have given it to African Ameri- huge profits from growing opium in Af- voting rights, making workers vote cans and to persons of goodwill, and I ghanistan are being used against our publicly through a mandatory card thank them all. troops. check where union bosses gather au- f Though illegal, opium production has thorization cards supposedly signed by skyrocketed in Afghanistan in recent workers expressing their desire for a NEW HOUSE DEMOCRATIC CON- years, and the results are deadly. Enor- union to represent them. Such manda- GRESS FIGHTS FOR THE RIGHTS mous profits often end up in the hands tory card checks make workers’ per- OF MIDDLE-CLASS FAMILIES of the Taliban and local warlords who sonal votes known to their coworkers, (Mr. HODES asked and was given per- use it to buy weapons, pay fighters and their union organizers and their em- mission to address the House for 1 bribe officials. ployers, stripping workers of the right minute.) We must adjust our policies if we are to choose freely and anonymously Mr. HODES. Mr. Speaker, when to see sustained stability in Afghani- whether to unionize. This leaves work- Democrats gained the majority in this

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4796 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 House last November, we pledged to THE REAL WAR ON TERROR IS rule the amendment in the nature of a sub- fight to make America better for all NOT IRAQ stitute recommended by the Committee on Americans, not just the privileged few. Financial Services now printed in the bill. (Mr. GEORGE MILLER of California Each section of the committee amendment This Congress has already passed legis- asked and was given permission to ad- in the nature of a substitute shall be consid- lation increasing the minimum wage dress the House for 1 minute.) ered as read. Notwithstanding clause 11 of and making college more affordable to Mr. GEORGE MILLER of California. rule XVIII, no amendment to the committee middle-class families. Mr. Speaker, Members of the House, fi- amendment in the nature of a substitute This week, in a bipartisan fashion, nally, but 4 years too late, the Bush ad- shall be in order except those printed in the we will continue our work on behalf of portion of the Congressional Record des- ministration, with Vice President CHE- ignated for that purpose in clause 8 of rule middle-class families by bringing legis- NEY’s trip to Afghanistan, has recog- lation to the floor that would restore XVIII and except pro forma amendments for nized that the real war on terror is not the purpose of debate. Each amendment so workers’ rights to form unions and to Iraq; that Iraq has been a diversion printed may be offered only by the Member collectively bargain for better salaries against that war on terror; that, in who caused it to be printed or his designee and better benefits. fact, the real war on terror is in Paki- and shall be considered as read. At the con- At a time when corporate executives stan and Afghanistan and in the border clusion of consideration of the bill for are routinely negotiating lavish pay amendment the Committee shall rise and re- area. They are starting to discover port the bill to the House with such amend- and retirement benefits for themselves, that the Government of Pakistan has workers have little leverage to nego- ments as may have been adopted. Any Mem- not been our friend as we have tried to ber may demand a separate vote in the tiate for a better life. This has been stabilize Afghanistan and the Karzai House on any amendment adopted in the particularly concerning over the last 6 government, as we have tried to build Committee of the Whole to the bill or to the years when wages have remained stag- democracy in Afghanistan, as we have committee amendment in the nature of a nant while everyday costs like housing, tried to root out the Taliban and al substitute. The previous question shall be transportation, education and health considered as ordered on the bill and amend- Qaeda; that, in fact, because of the di- ments thereto to final passage without inter- care have increased dramatically. version and our early leaving of Af- The Employee Free Choice Act says vening motion except one motion to recom- ghanistan for Iraq, that we have now mit with or without instructions. that if the majority of workers at a allowed the al Qaeda to come back in The SPEAKER pro tempore. The gen- workplace sign cards saying they want command and control and to build a union, they get a union. The act pro- tleman from New York (Mr. ARCURI) is their membership, to recruit around recognized for 1 hour. tects the rights of employers, too. The the world. Mr. ARCURI. Mr. Speaker, for pur- legislation shares bipartisan support We have seen the Taliban come back pose of debate only, I yield the cus- and is supported by an overwhelming into Afghanistan and start to threaten tomary 30 minutes to my colleague majority of Americans. Let’s pass it and overturn village leaders and demo- from Washington (Mr. HASTINGS). All this week. cratically elected leaders in villages in time yielded during consideration of various parts of Afghanistan. Only the rule is for debate only. f now, 4 years too late, does the Bush ad- Mr. Speaker, I yield myself such time ministration recognize that this is the as I may consume. DWINDLING INTERNATIONAL real war on terror, and they have failed b 1030 SUPPORT FOR THE WAR IN IRAQ to fight it, failed to deal with it and failed to prepare for it. Mr. Speaker, House Resolution 195 (Mr. PALLONE asked and was given provides for consideration of H.R. 556, permission to address the House for 1 f the National Security Foreign Invest- minute.) NATIONAL SECURITY FOREIGN IN- ment Reform and Strengthened Trans- Mr. PALLONE. Mr. Speaker, what do VESTMENT REFORM AND parency Act of 2007 under an open rule our international friends know that STRENGTHENED TRANSPARENCY with a preprinting requirement. The the Bush administration doesn’t? ACT OF 2007 rule provides 1 hour of general debate It seems everywhere you turn, the Mr. ARCURI. Mr. Speaker, by direc- equally divided and controlled by the ‘‘Coalition of the Willing’’ is con- chairman and ranking minority mem- cluding it is time to get out of Iraq, tion of the Committee on Rules, I call up House Resolution 195 and ask for its ber of the Committee on Financial while the Bush administration wants Services. to send 21,500 more U.S. troops. immediate consideration. The Clerk read as follows: The rule waives all points of order Just last week our biggest ally in the against consideration of the bill except H. RES. 195 Iraq war, Britain, announced that it for clause 9 and 10 of rule XXI. The rule was withdrawing 1,600 troops from Iraq Resolved, That at any time after the adop- makes in order the amendment in the tion of this resolution the Speaker may, pur- in the coming months. The same day nature of a substitute reported by the Denmark said it, too, would pull out suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Committee on Financial Services as an all of its 460 troops by the end of the Whole House on the state of the Union for original bill for purpose of amendment, summer. And then South Korea decided consideration of the bill (H.R. 556) to ensure which shall be considered for amend- that 1,100 of its 2,300 troops would be national security while promoting foreign ment by section with each section con- withdrawn from Iraq in April, with the investment and the creation and mainte- sidered as read. rest following later this year. nance of jobs, to reform the process by which The rule provides that any amend- With this news, the ‘‘Coalition of the such investments are examined for any ef- ment to the committee amendment in Willing’’ is no longer so willing, dwin- fect they may have on national security, to the nature of a substitute must be dling to about 10,000 troops. What is it establish the Committee on Foreign Invest- ment in the United States, and for other pur- printed in the CONGRESSIONAL RECORD that these countries know that the poses. The first reading of the bill shall be prior to consideration of the bill. Each Bush administration still can’t figure dispensed with. All points of order against amendment so printed may be offered out? consideration of the bill are waived except only by the Member who caused it to Could it be that they see the writing those arising under clause 9 or 10 of rule XXI. be printed or his designee or her des- on the wall; that they have concluded, General debate shall be confined to the bill ignee and shall be considered as read. as many others have here in the United and shall not exceed one hour equally di- Finally, the rule provides one motion States, that the Iraq war can no longer vided and controlled by the chairman and to recommit with or without instruc- be won militarily? ranking minority member of the Committee on Financial Services. After general debate tions. Mr. Speaker, our dwindling coalition the bill shall be considered for amendment Mr. Speaker, foreign investment cre- should serve as another wake-up call to under the five-minute rule. It shall be in ates jobs and serves as a vital compo- the Bush administration that it is time order to consider as an original bill for the nent of our Nation’s economy. How- for a new direction in Iraq. purpose of amendment under the five-minute ever, we as a Nation cannot afford to

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4797 sacrifice the safety and security with a to successfully compete with the rest marks, I might say, of the U.S. securi- foreign investment review process that of the world in this age of ties markets. jeopardizes American lives. Take, for globalization. The underlying bill, the National Se- instance, our Nation’s ports, which em- Mr. Speaker, I reserve the balance of curity FIRST Act, restores confidence, ploy thousands of Americans and han- my time. predictability, and reliability while dle a large majority of U.S.-bound Mr. HASTINGS of Washington. Mr. continuing to encourage foreign invest- cargo. New Yorkers and many of my Speaker, I want to thank the gen- ments and preserve the over 5 million colleagues take the security of these tleman from New York (Mr. ARCURI) American jobs that foreign investment ports very, very seriously. We as a for yielding me the customary 30 min- supports in the United States. country cannot go halfway on port se- utes, and I yield myself such time as I In my home State of Washington, Mr. curity. We must take all the necessary may consume. Speaker, U.S. subsidiaries of foreign steps to ensure the safety and security Mr. Speaker, most Americans, in- companies play a vital role in sup- of our infrastructure and, more impor- cluding some Members of Congress, had porting jobs, employing over 83,000 tantly, our constituents. never heard of the Committee on For- Washingtonians. This bill has been We took a giant step in the right di- eign Investment in the United States, carefully balanced so as not to discour- rection on port security a few weeks that is, until the proposed purchase of age these important investments. ago when we approved legislation that commercial operations of six U.S. ports I urge my colleagues to support this would require screening of 100 percent by the Dubai Ports World, a company open rule, and I hope this will not be of all U.S.-bound shipping containers controlled by the United Arab Emir- the last open rule that we have pro- over the next 5 years. And today we are ates. viding for consideration of legislation taking another step by reforming and After reviewing the way in which the impacting our national security. Mr. Speaker, I reserve the balance of strengthening the interagency Com- Committee on Foreign Investment in the United States operates, it became my time. mittee on Foreign Investment in the Mr. ARCURI. Mr. Speaker, I yield 3 clear that we must revamp the process United States, also known as CFIUS, minutes to the distinguished gen- by which foreign investments are ex- process by which the Federal Govern- tleman from Massachusetts (Mr. ment reviews foreign investments in amined for any effect that they may FRANK), the chairman of Financial have on national security. The House the United States for their national se- Services. curity implications. acted and passed legislation last year, Mr. FRANK of Massachusetts. Mr. As a new Member of Congress, I am but, unfortunately, differences with Speaker, I appreciate the Rules Com- new to this institution, but the con- the Senate were not resolved. That is mittee’s complying with our preference troversy surrounding the Dubai Ports why we are here again today to con- for this rule, which allows any amend- scandal last year echoed far beyond the sider the bipartisan National Security ments to be offered that are germane. Washington Beltway. I, along with FIRST Act, of which I am proud to be And I just want to touch a little bit many of my constituents, was troubled a cosponsor. on a discussion we had in the Rules by the administration’s approval of a I would like to take this opportunity Committee yesterday about whether or deal to allow a company owned by a to thank my friends on the majority not it makes any sense to have an open government of the United Arab Emir- for bringing to the floor a bill that mir- rule. There were a couple Members, one ates to manage terminal operations at rors legislation championed in the last in particular, who said, This is no big six major U.S. ports. It was clear that Congress by Republican whip Mr. deal because, after all, this bill passed the administration dropped the ball BLUNT, the National Security FIRST last year overwhelmingly and it could and that the national security review Act, which passed the U.S. House of have been done on suspension. And the process for foreign investments had Representatives by a unanimous vote argument that it is an equivalent to failed. last year of 424–0. pass a bill on a suspension and to give The National Security FIRST Act This underlying bill would for the it an open rule if it is likely to pass by would significantly reform the foreign first time establish in law the Com- an overwhelming majority is deeply investment review process so that we mittee on Foreign Investment in the flawed and misunderstands the legisla- never have another Dubai debacle, by United States, which is currently a cre- tive process, and I want to make sure ensuring that the proper steps are ation of a 1975 executive order. It would that people have addressed this. taken to keep our ports, our cities, and require the committee to increase its The important question on a bill may our citizens safe and secure. The Na- scrutiny of foreign acquisitions of U.S. not be ‘‘yes’’ or ‘‘no.’’ There is a large tional Security FIRST Act also re- assets whenever the transactions in- number of bills that are going to pass. quires the interagency Committee on volve firms owned by foreign govern- There are bills that are going to pass Foreign Investment in the United ments. The bill would also enhance because politically they are perceived States to conduct a 30-day review of congressional oversight of the com- as impossible to oppose. There are bills any national security-related business mittee by ensuring that leaders of both that achieve a purpose that everyone is transaction. After a 30-day review is parties in Congress are briefed on in- for. In many cases, and it would appear conducted, it would be required to con- vestigative results before the com- to be the case with this bill, the impor- duct a full-scale, 45-day investigation mittee completes its reviews of the tant question is not whether or not it of the effects the business transaction takeover bids. passes but in what form. That is, the would have on national security, if Following the tragedy of September amending process has a relevance and deemed necessary. 11, 2001, protecting our homeland must an importance, whether or not the bill In addition, the legislation requires be a top priority for Congress. We face is ultimately going to pass. And when the committee to file semi-annual re- no greater challenge than protecting you rely, as it was suggested yesterday ports to Congress, keeping the Amer- Americans from an enemy without bor- that we should, on a suspension, as ican people informed and shedding ders that we all know is determined to long as we know the bill is going to some much-needed sunlight and trans- destroy our Nation by any means nec- pass because, as Members understand, parency on foreign investments in the essary. a suspension does not allow for the U.S. infrastructure that could have po- Mr. Speaker, it is vital that we act to amendment process, then you are con- tentially devastating consequences to revise and review the investigative stricting the ability of Members to leg- our security and our citizens. process for foreign investment activi- islate sensibly. And while the legislation strengthens ties that may affect our national secu- The question is not just ‘‘yes’’ or and reforms the process, it also allows rity. In the wake of the Dubai Ports ‘‘no.’’ That, as I said, is a denigration the critical flow of foreign investment World controversy, the current foreign of the legislative process. And having into the United States economy to con- investment process lacks confidence, an open rule, as opposed to a suspen- tinue, which is critical if we are going predictability, and reliability, trade- sion, means a number of amendments

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are offered. I am opposing many of the nonsecurity-sensitive manufacturing Conference chairman, Mr. PUTNAM of amendments, as are my colleagues on facility in my congressional district at Florida. the other side. I am not opposing all of a time when no other financing was Mr. PUTNAM. I thank the gentleman the amendments. Even where an available. for yielding time, and I thank my amendment is defeated, remember, our These investments have been critical former colleagues on the Rules Com- purpose is not simply to stamp out an for saving and creating jobs in the 16th mittee for bringing to the floor the sec- end result. It is to participate in the District of Illinois. While I very much ond open rule of the year. I think that democratic process of discussion and am interested in maintaining full for- it yields better policy when all of us debate. The process is diminished when eign direct investments, I recognize it work together and hash things out on a bill that is important is given only 40 is important for our national security the floor and can move forward with minutes with no amendments because to regulate the types of businesses that something that is productive for the it is noncontroversial. We will talk for receive such investment. entire Nation. more than 40 minutes today. We will The bill before us ensures us that the The virtues of this legislation are have some amendments. Committee on Foreign Investments in well known to Members on both sides So I hope this will stand, this process the United States, known as CFIUS, of the aisle. The bill brings much need- today, as a repudiation of the notion will conduct an extended review when a ed clarity and oversight to the that it is an equivalent to pass a bill foreign government tries to purchase a insourcing process. More importantly, under suspension of the rules, with no company within the United States. The it applies a post-9/11 mindset to a pre- amendments and only 40 minutes of de- bill also mandates greater trans- 9/11 infrastructure. bate, and to go through this process of parency by ensuring that Congress is It was about a year ago at this time an open rule. Even though I expect this informed of a CFIUS investigation in a that Dubai Ports World’s acquisition of bill to pass overwhelmingly, as it timely manner. a stake in our ports became a very hot passed last year, this House, this coun- I encourage my colleagues to vote in topic around America. When we discov- try, this democratic process benefit. favor of the rule and in favor of final ered the DP World transaction, we re- And, of course, it is just one bill. passage. acted as strongly as we did not only be- As a general rule, I would hope that Mr. ARCURI. Mr. Speaker, I yield 2 cause of the potential imminent threat we would not use the suspension proc- minutes to the gentlewoman, my col- being posed to our security, but be- ess for bills that are complex where league from the Rules Committee, Ms. cause the deal was so far along in the Members might have some difference of SUTTON. process before it came to light. So we view not as to whether or not the bill Ms. SUTTON. I thank the distin- acted in the last Congress to pass a should pass, but in what form it should guished gentleman from New York. substantially similar bill to what we pass. This process today, I think, will Mr. Speaker, I rise in support of H.R. are considering today, giving CFIUS show the superiority of the choice we 556, the National Security FIRST Act, the authority necessary to review le- are making under the current leader- and I believe this bill is a good example gitimate foreign transactions. The Re- ship of the Congress to go ahead with a of how we can ensure our Nation’s se- publican bill considered last year more open debate than last year when curity and still encourage foreign in- passed the House unanimously, again, the question was simply can we get the vestment to help create and maintain a bipartisan product, on an issue im- votes to pass, and if so, let’s shut down jobs. portant both to national security and the debate and shut down the amend- While I didn’t have the honor to the national economy. ment process. That is ill-served democ- serve in the last Congress, I can tell Here we are a year later with the racy. Today is a much better way, and you that the Dubai Ports World deal benefit of hindsight, but our charge re- I thank the Rules Committee for it. was not well received in northeast mains the same, to establish that bal- Mr. HASTINGS of Washington. Mr. Ohio. Myself, and many of our con- ance between the momentum of the Speaker, I appreciate the gentleman stituents, wondered how such a con- global market and the needs of our na- from Massachusetts for making his re- cerning deal could have been approved. tional and homeland security. Our marks. For a minute I thought he was The answer was that there was little ports remain an important example of making an argument about the debate accountability, oversight and trans- why this legislation, which involves all we had last week regarding the Iraq parency with the way the Committee foreign transactions, is so critical. The resolution where we were asking for an on Foreign Investment and the United worldwide shipping industry sends to open debate. States, or CFIUS, worked. The DPW our shores over 9 million shipping con- Mr. Speaker, I would like to yield 2 deal was so concerning to this Congress tainers each year. These containers are minutes to my friend from Illinois (Mr. last year, as has been mentioned, that transported on megaships that can de- MANZULLO). legislation very similar to that which liver 3,000 containers at a time. And at we are passing today passed over- the same time our ports are critical to b 1045 whelmingly by a vote of 424–0. H.R. 556 keeping our economy competitive in a Mr. MANZULLO. Mr. Speaker, I rise ensures that these matters are ad- global marketplace. These 9 million in strong support of H.R. 556. This bill dressed and gives both the administra- containers account for a whopping 95 strikes the correct balance between the tion and Congress greater responsibil- percent of our imports by weight, and need to increase foreign direct invest- ities for dealing with foreign invest- 75 percent by value. ment and national security. ment in our Nation. Keeping foreign transactions secure Let me first make clear that I am a We can have oversight, account- is our first priority, and this legisla- strong supporter of foreign direct in- ability and transparency and still sup- tion is a very important start because vestment, which represents the port American businesses and workers. we must put in place an interagency insourcing of capital and local jobs to That is the lesson of this bill. This bill review process that is comprehensive America. The congressional district enjoys broad support, including the without being counterproductive. that I am pleased to represent has had Chamber of Commerce, the National This bill should not be the launching several manufacturing facilities that Association of Manufacturers and point for legislative micromanagement have benefited, and some have been other business organizations. This bill of foreign transactions. Unnecessary saved as a direct result of foreign di- represents another bipartisan success. I bureaucracy will certainly deter for- rect investment. This includes invest- am pleased to support it, and I encour- eign companies from investing their re- ment from businesses located in Great age its passage to ensure our national sources here, which is precisely what Britain, Sweden, Canada, Israel, Den- security. we want to be, a magnet for invest- mark, Germany, the Netherlands, Mr. HASTINGS of Washington. Mr. ment from around the world. Switzerland, Japan, Brazil and Italy. Speaker, I am pleased to yield 5 min- And there is a danger of politicizing Even a Chinese enterprise bought a utes to the distinguished Republican the foreign investment process. There

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4799 is clearly a difference between a trans- deeply grateful for their support. This where there is strong, vigorous dis- action that runs contrary to an indi- is not a political issue; it deserves agreement on the part of our Members. vidual’s parochial priorities as opposed strong bipartisan support. Nothing is But I will say that we need to recog- to one that conflicts with this body’s more important than our national se- nize that the two most important national priorities. And we must, curity, our homeland security and pro- issues that we face as Members of this again, be careful not to send the wrong moting American jobs. institution are the issues of, first and message to the world’s investors that I thank the gentleman for yielding. foremost, our national security; and, America is closed for business. Our Mr. HASTINGS of Washington. Mr. second, ensuring that we create eco- citizens, also, should be aware that our Speaker, I am pleased to yield as much nomic opportunity for all Americans national security is not for sale. time as he may consume to the distin- and maintain the strong, bold, dynamic This bill should become law without guished ranking member of the Rules growth that we have in our economy. delay. It strengthens our national secu- Committee, Mr. DREIER of California. This measure that we are addressing rity, while recognizing our role, Amer- Mr. DREIER. Mr. Speaker, I rise in today actually addresses both issues, ica’s role, in a global market. If we are strong support of this rule and the un- Mr. Speaker. It will strengthen the diligent in seeing these reforms derlying legislation. process by which our national security I have to say, as I listen to my good through, we can have both safer trans- stakeholders in the administration, friend from New York (Mrs. MALONEY), actions and a stronger economy. from the Defense Department to the I thank all of the authors and the who has worked long and hard on this, National Security Agency, review and it didn’t take a year for us to pass this sponsors of the bill and the work that investigate foreign investors in the measure through the House of Rep- has gone into this. U.S. economy. It focuses in particular resentatives; it passed, as the gentle- Mr. ARCURI. Mr. Speaker, I yield 3 on those companies that are controlled woman said, by a vote of 421–0 in the minutes to the gentlewoman from New by foreign governments or are based in last Congress, and that was in response York (Mrs. MALONEY). countries that support terrorism. to the DPW deal, which obviously Mrs. MALONEY of New York. I These are commonsense reforms that raised a number of concerns from a thank the gentleman for yielding, and again enjoy strong bipartisan support number of people in this institution. I thank him so much for his leadership Mr. Speaker, this is a Republican that will provide an adequate level of on this bill and so many other impor- bill, which, as the distinguished chair- scrutiny to ensure that no investment tant issues to our State and country. man of the Committee on Financial poses a national security threat to our Mr. Speaker, I rise in strong support Services pointed out in the Rules Com- interests. However, it also ensures a for National Security FIRST, the un- mittee last night, enjoys strong bipar- process that, while thorough, is not derlying bill, and in strong support for tisan support, and it enjoys the kind of prohibitive. This legislation is a reflec- the open rule that is before us. support that motherhood and apple pie tion of the need for a review process Democrats have pledged a return to enjoy. There is no controversy to this that does not close us off to the vital democracy on the floor of the House of bill whatsoever. And I am very proud of foreign investment that is a major Representatives with an open rule the fact, as the gentlewoman from New source of our economic strength. process, and I am very happy to sup- York said, that we are now, by passing I again praise the distinguished Chair port that pledge with a debate on my an open rule for the second time in the of the Committee on Financial Serv- bill, H.R. 556. 110th Congress, doubling the record ices who last night in the Rules Com- As Congressman DREIER said last that we had in the 109th Congress when mittee talked about the importance of night in the Rules Committee, he said it came to open rules. But the true test foreign direct investment. FDI is very that this doubles the amount of times will come when we are dealing with a important to us, and if we look at our the Republicans allowed for an open controversial issue that does not enjoy economic growth, there is a strong, rule on a legislative bill in the last strong bipartisan support. That is strong reliance that we have had. Be- Congress; of course this is legislative where this Madisonian vision of a clash cause economic security underpins na- bills, not appropriations bills. And even of ideas is very important, Mr. Speak- tional security, it is absolutely impera- though this bill has strong bipartisan er. tive that we work to ensure that our support, we did get several amend- And so I hope very much that as we economy remains the world’s best ments last night. bring measures, both of which in the place to invest and do business. I appreciate deeply that Chairman 110th Congress were passed by unani- Mr. Speaker, let me provide some FRANK supported and called for an open mous votes in the 109th Congress, to numbers that not everyone is familiar rule, and that in addition he asked for the floor, and we are very proud of the with. Foreign companies currently em- and obtained a preprinting require- fact that they are being considered on ploy 5.3 million Americans here in the ment, since the bill is complicated, and an open rule, I hope very much that we United States. We just got the report Members on both sides of the aisle need will do everything that we possibly can of this Toyota plant that is going to be to have time to read the amendments to ensure that debates like the one opening in Tupelo, Mississippi. It is im- and put them in context. that we had 2 weeks ago on the issue of portant to note that those foreign in- This is the second time this bill has Iraq are considered under a process vestors who employ 5.3 million Ameri- come to the floor. It passed overwhelm- that will allow maybe a chance for the cans actually pay wage rates that are ingly last year, 421–0, and it is a sound minority to consider a substitute, or a 50 percent higher than the average bill that strengthens national security, process that would, again, bring that wage paid here in the United States. while encouraging safe foreign invest- clash of ideas, because it is very clear Companies like Toyota, Siemens, ment that helps create American jobs. there was complete agreement on the Novartis come to the United States in I hope and expect that the bipartisan fuels bill that we dealt with 2 weeks order to tap into our powerful market, effort that got this bill passed in the ago under an open rule, extraordinarily innovative environment and superior last Congress will be here today, and I strong bipartisan support. There is workforce. In the process, they gen- believe that this open rule reflects the complete agreement on the goal of erate greater economic activity, create spirit of our bipartisan work. CFIUS reform. Yes, we know that 12 high-paying jobs and improve our I would just like to point out that a amendments were filed by seven Mem- standard of living. And we have en- year has passed since the Dubai bers last night that will be considered joyed these benefits, Mr. Speaker, be- World’s fiasco, the scandal, and if you here on the House floor under this open cause of the openness, strength and dy- had told me that it would take a year amendment process, but at the end of namism of the U.S. economy. to pass this bill, I would not have be- the day, Republicans and Democrats As we debate the need for national lieved it. And I think my colleagues on will come together in support of this. security reforms to our review process, both sides of the aisle share this sense The true test, Mr. Speaker, will be we must recognize that to close off our of urgency to get this bill done. I am whether or not we take up a measure economy to the world’s investors would

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4800 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 be to close ourselves off to the pros- Mr. DREIER. Mr. Speaker, I would hope that if there is a more closed perity and opportunities that we have simply argue that the need for us to process under a new majority that long enjoyed as the world’s best invest- consider measures under an open there would be similar outrage from ment. We cannot lose sight of the fact amendment process is something I sup- the gentleman. that we have prospered not in spite of, port. I am standing here in support of Mr. FRANK of Massachusetts. If the but because of our Nation’s openness. this open rule. I also would like to say gentleman would continue to yield, I I believe that this bill charts a smart that the argument for us to come for- am talking about the last year when path that preserves both national secu- ward and debate issues here on the the gentleman was on the Rules Com- rity and our ability to attract invest- floor is very important. The issue of mittee and when the committee I was ment and grow our economy. My col- Iraq was considered under an open rule. on brought forward amendments to the leagues, as I said, all agree with me. Mr. FRANK of Massachusetts. I am Rules Committee and offered amend- We have been through this process be- reclaiming my time because the gen- ments, the Rules Committee wouldn’t fore, as I said, in the 109th Congress. tleman is evading the point he made. allow us to vote on them on the floor. Mr. HASTINGS of Washington. Re- b 1100 He is the one who said this should be suspension. He is the one who said sus- claiming my time, I would just remind The bill that was passed in the last pension is where, if it is going to pass my friend that when that happened last year, which is acknowledged on Congress was sponsored by the gen- by a lot in the end, you don’t need an our side, that there was a bit of out- tleman from Missouri (Mr. BLUNT), the open rule you can have suspension. He rage on your side. I am simply saying distinguished minority whip, and this said we should put these noncontrover- I would hope as we move forward and legislation which is virtually identical sial bills back on the suspension cal- to the bill we are considering today, you ask for the same consideration as endar. you asked last year, but say it was de- was considered by an overwhelming There are two separate sets of bills. nied, I hope that there will be the same unanimous bipartisan vote. There are bills that are going to be Personally, I would very much like outrage on your side if you are denied controversial in the end that you have to see these good, well-crafted utterly an open process. That is all I am say- to debate, and there are also bills that noncontroversial bills where they be- ing. I am looking prospective. That is are controversial in part. long, and that is on the suspension cal- all I am saying. As far as the committee I chair is endar where we passed it quickly and Mr. FRANK of Massachusetts. Well, I concerned, unlike the practice under expeditiously in the last Congress. am hoping for votes, not outrage. the gentleman’s chairmanship of the But the fact of the matter is we are Mr. HASTINGS of Washington. Mr. Rules Committee, we will be bringing where we are, Mr. Speaker. It is impor- Speaker, I yield back the balance of out the bills from our committee that tant for us to recognize our priorities my time. are controversial in all aspects open to of national security, number one; and, Mr. ARCURI. Mr. Speaker, I yield amendment if I have anything to say number two, our economic strength myself the balance of my time. about it, and I will fight for that. But Mr. Speaker, last night during the and making sure that we expand that that doesn’t mean that you go for sus- debate in the Rules Committee, some economic growth. questions were raised as to the appro- I urge support of this rule and the un- pension and no amendments. priateness of an open rule as opposed to derlying legislation. Mr. HASTINGS of Washington. Mr. Mr. ARCURI. Mr. Speaker, I yield 2 Speaker, I yield myself the balance of bringing this bill under a suspension of minutes to the gentleman from Massa- my time. the rules. I think that question was answered chusetts (Mr. FRANK). I would like to thank my colleagues clearly in that 12 amendments were Mr. FRANK of Massachusetts. Mr. on both sides of the aisle for bringing filed on the bill, three by Democrats Speaker, I want to make clear the this National Security FIRST Act and nine by Republicans. I think that flaws in the reasoning we have just under an open rule today. question was clearly answered, an open heard. As we move forward, Mr. Speaker, rule is preferable and there are amend- Equating a suspension of the rules when we have important bills, and I am glad to hear my friend from Massachu- ments filed. procedure which allows only 40 minutes Protecting the safety and security of of debate and no amendments with an setts say if there are controversial bills that come out of his committee, if he Americans is without question our top open rule simply because the final bill priority as Members of this institution. will get a large vote misunderstands, has anything to say, he will ask for an open process. I think that is good, and It is overwhelmingly clear that the indeed, denigrates the democratic proc- current process is in place for the Fed- I commend him for that. I would hope ess. eral Government to review foreign in- as we move forward with bills regard- The gentleman says this belongs on vestment is broken. the suspension calendar. There are ing national security, health care and The National Security FIRST Act amendments offered, some I will sup- education, as they are brought to the will provide the necessary reforms to port and will improve the bill; others Rules Committee and to the floor, I the process and keep our infrastruc- that will not. But for one thing, why hope that all Members will be able to ture, our cities, and most importantly, only 20 minutes of debate on each side offer input and shape legislation our constituents safe and secure. on an important issue. When the gen- through an open process. It will also ensure that a debacle like tleman says noncontroversial bills be- Mr. FRANK of Massachusetts. Mr. the one that occurred last year at long on the suspension calendar, he Speaker, will the gentleman yield? Dubai Ports does not happen again, undervalues the process of debate and Mr. HASTINGS of Washington. I while still continuing to encourage the amendment. Very often the questions yield to the gentleman from Massachu- very important foreign investment in are not whether the bill will pass ulti- setts. our economy here in this country. I mately or not, but in what form. And Mr. FRANK of Massachusetts. I would strongly urge a ‘‘yes’’ vote on let us be very clear, the suspension cal- would just say to the gentleman that I the rule, and the previous question. endar eliminates amendments. intend to make the same request for Mr. Speaker, I yield back the balance To say because a bill can ultimately openness this year from our committee of my time, and I move the previous pass with a large majority Members that I did last year when he was in the question on the resolution. should not be given a chance on the majority. I am hoping for a better re- The previous question was ordered. floor to alter it or amend it seems to sult this time. The resolution was agreed to. me to denigrate the process. Mr. HASTINGS of Washington. The A motion to reconsider was laid on Mr. DREIER. Mr. Speaker, will the gentleman, I remember, I am sure he the table. gentleman yield? was part of the majority that when the GENERAL LEAVE Mr. FRANK of Massachusetts. I yield process was closed, there was a great Mr. FRANK of Massachusetts. Mr. to the gentleman from California. deal of outrage. I would hope, I would Speaker, I ask unanimous consent that

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4801 all Members may have 5 legislative So the people of Dubai should have that people with money in other coun- days in which to revise and extend been told, look, we mean you no ill, but tries who want to invest it in the U.S. their remarks on H.R. 556, and insert we think it is a mistake for you to buy in ways that will be beneficial to us into the RECORD extraneous material. these ports. There are, I would have can get some assurance that they can The SPEAKER pro tempore. Is there thought, many other investments I make that investment and not be buf- objection to the request of the gen- think they could have made. feted politically. tleman from Massachusetts? Instead, incredibly, a series of people People say, Look what happened to There was no objection. from the White House’s various offices, Dubai. First they got approval, and f from the Departments, did not see this then it was withdrawn. We want to coming; and in consequence, they gave have a good process so that people can NATIONAL SECURITY FOREIGN IN- an approval which led to an entirely invest with assurance. People who are VESTMENT REFORM AND predictable outcry in the country. investing money need stability and cer- STRENGTHENED TRANSPARENCY Our job, Mr. Chairman, is to prevent tainty. ACT OF 2007 this great lapse in judgment by the They also need a certain amount of The SPEAKER pro tempore (Mr. Bush administration over the Dubai privacy before the fact. One of the ARCURI). Pursuant to House Resolution situation from leading to bad public things that we jointly did was to reject 195 and rule XVIII, the Chair declares policy that would extend to restricting efforts to expose potential investments the House in the Committee of the and discouraging foreign direct invest- to wide publicity and the political Whole House on the state of the Union ment in general. process at too early a stage. There is for the consideration of the bill, H.R. Members should be very clear when no point in scaring these things off. 556. we talk about foreign direct invest- Now it should be noted that entirely b 1109 ment. All three words are important. independent of this bill authority ex- We are not talking about buying equi- ists in the President of the United IN THE COMMITTEE OF THE WHOLE ties and we are not talking about for- States, delegated as he chooses, to re- Accordingly, the House resolved eign countries holding our debt, which ject investments that would jeopardize itself into the Committee of the Whole can be problematic. We are talking our national security. There are also House on the state of the Union for the about foreign investors, mostly, in separate statutes that limit invest- consideration of the bill (H.R. 556) to some cases government, but mostly ment in particular parts of the econ- ensure national security while pro- private investors, taking money and omy. Some of those, I think, go too far. moting foreign investment and the cre- investing it in real economic activity None of those are altered. In other ation and maintenance of jobs, to re- in the U.S. That is what direct invest- words, this bill does not weaken any form the process by which such invest- ment means. existing statutory protection against ments are examined for any effect they And that inevitably, not inevitably, investment that might undermine our may have on national security, to es- that, in fact, will produce more eco- security. tablish the Committee on Foreign In- nomic activity here. It is very much in 1115 vestment in the United States, and for our interest as a Nation to have people b other purposes, with Mr. PASTOR in the investing in real economic activity. What it says is that the great bulk of Chair. That creates jobs and that creates tax- investments not only do not undermine The Clerk read the title of the bill. ation for local governments and that our security, but add to our prosperity The CHAIRMAN. Pursuant to the creates the kind of economic activity by providing more resources here with- rule, the bill is considered read the that we thrive on. in the country for good, beneficial, eco- first time. The fear again was that others in nomic activity. We will have a process The gentleman from Massachusetts other parts of the world, seeing the re- which gives you some assurance that (Mr. FRANK) and the gentleman from action to Dubai would say, you know you can go ahead with that invest- Alabama (Mr. BACHUS) each will con- what, we better not invest there. ment. That is what this bill does. trol 30 minutes. One of the great assets America has There are some questions about it. The Chair recognizes the gentleman economically is we are about as stable There will be some amendments, but from Massachusetts (Mr. FRANK). a place as there is in the world to in- that is the core of the bill. It is in the Mr. FRANK of Massachusetts. Mr. vest your money. This is a problem. It interest of our economy. It protects na- Chairman, I yield myself such time as is a problem for Russia. Russia is suf- tional security even more than cur- I may consume. fering I believe legitimately because of rently because it does have some proce- Last year the Bush administration concern from people that if they invest dures to require a kind of inspection made a grave error. A proposal came in Russia their investments will not be that would have prevented, we believe, from the country of Dubai to buy a as fully protected as they should be. the Dubai mistake. company that ran our ports. The re- The security legally and in every other I should say that this bill is widely sponse from the administration, and way of money invested in the U.S. in supported. We have worked closely there was an intergovernmental com- direct ways is an asset for us. We do with the administration. The Treasury mittee called the Committee on For- not want the political fallout from the has been very helpful, and they do not eign Investment in the U.S. which Dubai mistake to discourage this. like everything in this bill, but on the Members will hear us abbreviating as What we then decided to do together, other hand, I do not like everything in CFIUS, should have said to Dubai, you and while there was an earlier ref- the Treasury. In fact, if you look at the know, we have found you to be a rea- erence to this being a Republican bill, great bulk of it, we are together on sonable group of people, but you are in which I regret because this has been a this, and this is a bill which the Treas- an area of the world where there is genuinely bipartisan bill and that sort ury, I am pleased to say, and you can great tension, where there are violent, of partisanship doesn’t help, the gen- see in the statement of administration armed people who wish us ill. You will tlewoman from New York (Mrs. MALO- policy, regards this as an advance. be subjected to great pressures. There NEY) who was then the ranking member They would like some changes, but will be efforts to infiltrate and there on the relevant committee; the gentle- they clearly regard this bill as an ad- will be assaults on your integrity, and woman from Ohio, who is with us now vance. A broad swath of the business that makes us nervous about your con- who was Chair of that subcommittee; community is in favor of it, and all trolling something as sensitive to secu- the minority whip, then the majority should be in favor of it. rity as ports. We have been worrying whip; myself; the former chairman of While there are controversial aspects about the possibility of the shipping the committee, Mr. Oxley of Ohio, we of international policy, this is one that ports being entry ports for harmful ac- all worked together to say, look, let us should not be controversial. This is one tivity. give a set of rules and procedures so which welcomes foreign investors who

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4802 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 want to take money and engage in real, In fact, last year, and we hear lots the United States. This legislation will beneficial, safe economic activity in about American capital going overseas ensure that those outflows continue to the United States. and American companies investing come to America to create jobs here in Mr. Chairman, I reserve the balance overseas, but last year alone, over a America. of my time. half a trillion, $500 billion, net inflow I will comment during the manager’s Mr. BACHUS. Mr. Chairman, I yield of foreign capital in our country, more amendment on some important myself such time as I may consume. than foreign outflows of capital. changes in this legislation that have Mr. Chairman, I rise today in strong Because of the Dubai Ports situation, been proposed by the gentleman from support of H.R. 556, the National Secu- we have seen a fall-off on a lot of these California (Mr. HUNTER), which I be- rity FIRST Act. It makes important inflows. We talk about our deficit. We lieve greatly strengthens this legisla- reforms to the process by which we en- talk about the need to export more. tion, but let me close simply by saying sure our national security is protected, Well, in fact, foreign investment in this this. while maintaining and welcoming a country, if you took away the foreign Mr. Chairman, the world is a lot dif- healthy flow of foreign investment into investment in this country, the recent ferent than it was back in 1975 when the United States. foreign investment, it would reduce our President Ford first created CFIUS, Reform of the Nation’s foreign in- exports by between 15 and 20 percent. and it is far different than 1988 when vestment vetting process became an The foreign-owned companies or for- the outline of the current review proc- issue last year, as we all know, when eign investments have created jobs in ess was established. Terrorism requires the Committee on Foreign Investment this country which result in about one- us to exercise increased vigilance, in the United States, CFIUS, received fifth of our exports today. while the demands of the global econ- criticism for failing to question the Also, the majority of a lot of those omy necessitate that America compete safety and security implications stem- companies are actually owned by aggressively for foreign investment ming from the Dubai Ports World’s Americans. The Wall Street Journal capital. purchase of commercial operations of talks about a company today in an edi- The siren song of protectionism is American ports. torial that 55 percent of it is owned by one that must be resisted if we are to The bipartisan legislation we have Americans, a Swedish company. I be- be serious about maintaining Amer- before us today makes needed changes lieve it was a Swedish company. ica’s competitive standing in the in the CFIUS process, changes that The second objective of this legisla- world. were highlighted by the Dubai Ports tion, while we want to continue to say This bill modernizes the way CFIUS deal. to foreigners investment in the United does business, ensuring that both our It promotes executive branch ac- States, it is a good market, America is security and economic needs are met, countability enforced by a requirement a good investment, we also want trans- but without fundamental changes that the chairman and vice chairman parency in the process when they do in- which make this country a protec- of CFIUS sign every decision. It in- vest. Many Members of Congress tionist country. creases interagency coordination with- learned of the Dubai Ports deal when The foreign markets and people in CFIUS and ensures that the Director they picked up the newspaper or turned wanting to invest in America are of National Intelligence does a thor- on the TV. This bill will ensure that as watching us today, waiting to see what ough analysis of any proposed trans- a matter of policy that does not happen we do. For this reason, Mr. Chairman, action without becoming part of the again. CFIUS keeps Congress informed, I congratulate the sponsors of this leg- policy-making aspects of the review. It this CFIUS legislation. islation, and I urge the Members of this dramatically improves CFIUS report- Third, we need empowerment of ex- body to unanimously join together and ing to Congress on its activities so that perts best qualified to assess national pass this legislation and send it to the Congress can perform regular and security issues. To that end, this bill other body. much-needed oversight of the process ensures that the Director of National Mr. Chairman, I reserve the balance to ensure that the CFIUS process re- Intelligence can provide important and of my time. mains vigilant, but does not unneces- timely input into the CFIUS process Mr. FRANK of Massachusetts. Mr. sarily interfere with foreign invest- based on the most current intelligence Chairman, I yield 6 minutes to the gen- ment or discourage foreign investment. available, and guarantees the Depart- tlewoman from New York (Mrs. MALO- But, Mr. Chairman, of everything I ment of Homeland Security will be a NEY), who was one of the major authors would say here today, I would like to full participant in the process. of this bill and has been a strong pro- stress that the key issues we face here Mr. Chairman, we moved legislation ponent of it to this time. today transcend the Dubai Ports deal. very similar to this in the last session Mrs. MALONEY of New York. Mr. They transcend CFIUS. They are more of Congress. The gentleman from Mis- Chairman, I thank the gentleman for important than the CFIUS process. souri (Mr. BLUNT) constructed that leg- yielding and for his leadership. H.R. 556 meets our challenges by ad- islation, led that effort along with the I want to thank in particular Chair- vancing three important objectives, former chairman of the committee, Mr. man FRANK for making this bill, the while leaving the essential sound foun- OXLEY, and Ms. PRYCE from Ohio, and I National Security FIRST Act, a pri- dation of CFIUS intact. would like to acknowledge at this time ority of this Congress. Democrats and The first objective of this legislation their contributions last year. This Con- Republicans have supported this bill, is to continue to encourage opportuni- gress, this body, passed that legislation demonstrating a desire to enhance na- ties for foreign investment in our econ- last year because we wanted nothing to tional security while avoiding a freeze omy. The surest way to ensure Amer- stand in the way of people investing in of beneficial and safe economic invest- ica remains strong and secure is to our country, creating jobs here, cre- ment in our country. strengthen our economy and maintain ating capital here, and that legislation I would like to thank in addition my global competitiveness. While we passed unanimously. other Democratic colleagues, LUIS should never underestimate the threat This legislation is even stronger than GUTIERREZ and JOE CROWLEY, and my to U.S. interests from economic espio- that legislation, and I commend Chair- colleagues on the other side of the nage or from critical technologies fall- man FRANK for having the insight and aisle, DEBORAH PRYCE, ROY BLUNT and ing into the wrong hands, we must also the intellect to make this one of his Ranking Member BACHUS, for their recognize that discouraging foreign in- first priorities in the new Congress be- continued support and leadership on vestment or otherwise restricting glob- cause, as we saw yesterday, when the this important legislation. al capital flows poses a very serious stock market in Shanghai fell, we are A year ago, Mr. Speaker, Americans threat to our economic security and in a global economy, and the worst woke up to find out that six of the prosperity as well. The welcome mat thing that can happen in that global largest ports in our Nation would be for foreign investment must be out. economy is outflows of capital from controlled by a foreign government,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4803 the United Arab Emirates, under the The bill requires high-level attention the House Financial Services Committee to Dubai Ports World. Even worse, this and sign-off on every transaction, and strengthen the Committee on Foreign In- deal had been approved by our govern- particular attention to transactions in- vestment in the United States (CFIUS). The ment through a secretive process no volving foreign-government-owned en- Administration regards the Nation’s security as its top priority. In addition, the Adminis- one had ever heard of. In fact, Congress tities. tration views investment, including invest- and senior administration officials b 1130 ment from overseas, as vital to continued learned about this deal by reading economic growth, job creation, and building about it in the newspapers. The bill also creates a formal role for an ever-stronger America. Therefore, the Ad- Even before the Dubai Ports World fi- the intelligence community and sets up ministration seeks to improve the CFIUS asco, the General Accountability Office an independent intelligence assess- process in a manner that protects national had criticized the Committee on For- ment. It requires a broad and flexible security and ensures a strong U.S. economy eign Investments in the United States, definition of national security that in- and an open investment environment that or CFIUS, for being overly focused on cludes the concerns of 12 different will serve as an example and thereby support bureaucratic goals, basically getting agencies, and it sets up a system for U.S. investment abroad. monitoring deals that are withdrawn In light of the President’s responsibility to deals done with little oversight, with- ensure the Nation’s security, and in the con- out causing a fuss. from the process. text of comity between the executive and Well, the Dubai Ports World deal The bill contains very tough provi- legislative branches, we believe the Presi- showed the world the weaknesses in sions to protect national security, in- dent should retain substantial flexibility to the CFIUS process. The decision was cluding the ability of CFIUS to reopen determine CFIUS’s membership and adminis- made, and when they did make that de- reviews when companies do not comply trative procedures and to make adjustments cision, they did not involve any high- with mitigation agreements designed when national security so requires. Accord- level government officials. They did to reduce security risks. This is such a ingly, the Administration has concerns with not report to Congress. They used a severe remedy that we have hedged it some of the provisions of H.R. 556 and looks very out-of-date definition of national forward to working with Congress to address with many procedural protections, and these concerns, to strengthen CFIUS, and to security. we expect CFIUS to use it only in ex- ensure the protection of America’s homeland Surely anyone in a post-9/11 world ceptional cases. and the strength of our economy. would consider our largest ports a na- This bill also puts Congress in the Establishment and membership of CFIUS tional security concern. The 9/11 Com- picture, making sure that we learn mission called it one of the areas that The President should retain the flexibility about these deals from CFIUS, not to determine and adjust the appropriate Ex- we have the most problems and one from the newspapers but after the deci- ecutive Branch membership of CFIUS and that needs the most attention. sions have been made. And by pro- their roles. H.R. 556 should not mandate that As a Representative from New York, viding greater certainty and predict- CFIUS have Vice Chairs, nor that CFIUS in- which is both target number one for ability in the process, we can encour- clude members of the Executive Office of the terrorism and the financial capital in age foreign investors. I am glad he President. Further, the President should re- our Nation, I felt very strongly that we yielded me this time, because a very tain the flexibility to determine roles and re- needed to get something done. sponsibilities of CFIUS and its members. For important part of CFIUS is we build in example, the Administration opposes any At the time, along with DEBORAH predictability and clarity for foreign PRYCE, I was the ranking member on language in Section 6 that would call for the investment, so that it is not gray, but the subcommittee which we both designation of a lead agency or agencies to black and white of where they can go represent other agencies or the Committee served on with jurisdiction over to get a swift approval for safe foreign in negotiating, entering into, imposing, CFIUS, and so we had a front-line re- investment. modifying, monitoring, or enforcing mitiga- sponsibility for the issue, and we This is critical to our economy. Over tion agreements. worked together to put forward this 5.1 million jobs came into our economy Deliberations and decision-making of the legislation. committee Our legislation passed the last Con- from foreign investment in 2004, and there were 50,000 jobs recently created The Administration is concerned that the gress 421–0. We hope we get the same legislation imposes procedural requirements, result today, and we resubmitted the in New York City after 9/11 from for- eign investment. It is very important such as roll call voting and motions, which bill again earlier this year. It is past are ill-suited for executive bodies such as time to get this done. If you had told to economic growth in our country. We CFIUS and are inconsistent with the vesting the American people that a year after want to encourage it, but at the same of the executive power in the President. Dubai Ports World and the scandal in- time, we want to protect our citizens, Given the bill’s reporting requirements, such volved with it we would still be debat- our number one responsibility. procedures will deter the full and open inter- ing CFIUS reform and had not Mr. Chairman, may I say to Ms. agency discussion that is required to con- PELOSI, I appreciate your making this sider CFIUS cases properly. strengthened the system already, I The Administration fully shares Congress’ think they would be very surprised. a priority and moving it to the floor so quickly. We will be able to work with goal of ensuring senior-level accountability The need for reform remains even for CFIUS decisions. The Administration after DPW. The CFIUS process is not our colleagues in the Senate to get a supports requiring the Secretary, Deputy catching all the deals that it should. strong bill and pass it and sign it into Secretary, or an Under Secretary of the Last year I personally called to the law. I appreciate the support from the Treasury to sign CFIUS decisions at the con- attention of CFIUS the fact that a business community, the intelligence clusion of a second-stage (45-day) investiga- company with ties to the Venezuelan community, and from the executive of- tion, as H.R. 556 provides. With respect to Government had purchased a major fice. cases for which CFIUS concludes its action voting machine manufacturer in our I request unanimous consent to place at the end of the first-stage (30-day) inves- tigation, the Administration supports the in the RECORD the statement from the country. CFIUS did initiate a review, House Financial Services Committee’s deci- and after some time in the process, the Executive. sion to authorize delegation of this author- company announced that it would What can I say, it is a win-win situa- ity. However, in view of the volume and vari- withdraw from the U.S. market. Surely tion. It is a bipartisan bill. Let’s move ety of cases and to ensure that our most sen- we would consider a foreign govern- forward and pass it and enact it into ior officials are able to focus on those cases ment owning our voting machines a na- law. that do raise national security concerns, this authority should be further delegable to tional security concern. STATEMENT OF ADMINISTRATION POLICY other officials appointed by the President In the end the process did work, but H.R. 556—NATIONAL SECURITY FOREIGN INVEST- it worked only after prodding, and it and confirmed by the U.S. Senate. MENT REFORM AND STRENGTHENED TRANS- The Administration believes that the cur- should work better. That is what this PARENCY (REP. MALONEY (D) NY AND 58 CO- rent 30-day and 45-day time frames for first- bill would accomplish. It puts national SPONSORS) stage and second-stage investigations pro- security first, addressing the weak- The Administration supports House pas- vide CFIUS with sufficient time to examine nesses in the Dubai Ports World. sage of H.R. 556 and appreciates the efforts of transactions. The possibility of extensions

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4804 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 may discourage foreign investment by gener- like to commend her for her leadership will help protect American companies ating uncertainty and delay for the parties last year when the Dubai Ports deal from possible retaliatory measures by to proposed transactions. The Administra- came to light, in shepherding that bill other countries. But, most impor- tion therefore opposes allowing CFIUS to ex- through. tantly, the American people can feel tend the second stage (45-day) investigation period. The Administration notes that the Ms. PRYCE of Ohio. Mr. Chairman, I confident that this legislation insti- current CFIUS practice of encouraging par- appreciate our ranking member yield- tutes the oversights and protections ties to transactions to consult with CFIUS ing the time. And I want to thank needed to determine if a foreign invest- prior to filing provides CFIUS with addi- Chairman FRANK and Ranking Member ment transaction is really in the best tional time and flexibility to examine com- BACHUS for making this bill a priority interests of the United States’ national plex transactions. in this new Congress. I want to espe- security and the safety of our citizens. The Administration supports the role of cially thank Chairman FRANK for as- I want to thank once again Chairman the intelligence community as an inde- suring that the goodwill and the hard FRANK, Ranking Member BACHUS, Ms. pendent advisor to CFIUS and appreciates the bill’s inclusion of a provision that en- work that went into this bill in the MALONEY, our whip Mr. BLUNT, Rep- sures that the Director of National Intel- last Congress has not gone to waste. resentative CROWLEY, and everyone ligence (DNI) is provided adequate time to And I want to thank my good friend, who worked so hard on this issue. I complete the DNI’s analysis of any threat to CAROLYN MALONEY, for this is not the urge support for a clean bill. the national security of a covered trans- first bill that we have worked on nor Mr. FRANK of Massachusetts. Mr. action. However, language in H.R. 556 also will it be the last. Chairman, I reserve the balance of my appears to provide the DNI with the ability The National Security FIRST Act is time. to force a second-stage (45-day) investigation not a compromise between Democrats Mr. BACHUS. Mr. Chairman, I yield if the DNI has identified particularly com- and Republicans, it is a product of bi- myself 1 minute to simply say that as plex intelligence concerns and CFIUS was not able to satisfactorily mitigate the partisan consensus. We often pay lip we close this debate on the main text threat. Such a policy role would be incon- service to bipartisanship in this Cham- of H.R. 556, I hope that all Members of sistent with the independent advisory role of ber, but today we have a chance to pass this body recognize the benefits to our the DNI envisioned in the legislation and a sincerely bipartisan product. economy from the robust level of for- supported by the Administration. Americans were appalled by the eign investment that is coming into Notification and reports to Congress Dubai Ports fiasco, as they should have this country. A few minutes ago, I The Administration supports enhanced been. And the answer to the Dubai mentioned a company that 55 percent communication with Congress on CFIUS Ports problem could have been an over- of it was owned by one American com- matters to better facilitate Congress’ per- reacting, overreaching, protectionist pany, and it is Nokia, which is a Finn- formance of its functions. CFIUS should be response. ish company, yet 55 percent of the required to notify Congress of transactions It is often joked that legislative bod- stock in that company is owned by only after all deliberative action is con- ies do two things well: Nothing and American companies. cluded, as H.R. 556 provides. As discussed above, roll call voting, particularly if re- overreact. But that is not the case So even those foreign companies are ported outside the Executive Branch, would here. Instead, this legislation puts na- making investments in the United deter the full and open interagency discus- tional security first, while not sacri- States. A large percentage of those sion that is required to consider CFIUS ficing job creation and important rela- companies are American-owned. You cases, and reporting on internal Executive tionships with our trading partners. have these foreign investments in our Branch deliberations, including the positions America is a good investment. The Na- country, foreign-owned companies, the of individual CFIUS members, should not be tional Security FIRST Act makes im- subsidiaries of them employ 5.5 million required. portant changes to CFIUS. Responsi- Americans, and the average wage for Authorities of CFIUS bility is restored by requiring the those workers is $60,000. The Administration believes current law chairman and the vice chairman of Mr. Chairman, I yield back the bal- and regulations give the President and CFIUS to put their signature on every ance of my time. CFIUS adequate authority to gather all in- deal. A formal intelligence assessment Mr. FRANK of Massachusetts. Mr. formation needed to conduct CFIUS inves- Chairman, I yield myself 1 minute just tigations. The Administration is concerned must be conducted for every trans- that provisions of the bill that provide action. CFIUS must be accountable to to say, before I yield back, that there CFIUS with additional statutory authority Congress through committee notifica- has been a debate about whether or not to collect evidence and require the attend- tion of individual deals and an annual an open rule was controversial or not. ance and testimony of witnesses and the pro- report on every CFIUS transaction. I know in today’s Wall Street Journal, duction of documents would make the CFIUS Investors in the United States de- there is an editorial grudgingly giving process more adversarial and less effective. serve certainty that the process by us some credit for moving on this. Es- The Administration believes its ability to which deals are reviewed is objective, sentially they are surprised that, given protect national security would be enhanced that we are Congress, we didn’t do a lot by a statutory grant of authority to impose thorough, and straightforward. This civil penalties for a breach of a mitigation bill ensures that we continue to pro- worse. agreement. This authority to seek civil pen- tect the United States’ national and But I will note that in the Wall alties, which could be calibrated to the seri- economic security while promoting Street Journal editorial this morning, ousness of the non-compliance, would be a beneficial foreign investment. there are two negative references to an useful and effective tool for enforcing those Mr. Chairman, in my State of Ohio, a open rule. It is clear from this that agreements. State admittedly struggling to keep they are among those that did not Presidential review and decision our manufacturing jobs, international want an open rule because they said The Administration supports requiring the employers provide jobs for more than they were afraid that protectionists in President to make the final decision on a 200,000 of us. We have seen the benefits the House would ruin the bill. case only when CFIUS recommends that a of open markets and foreign invest- So I do, again, want to note the idea transaction be blocked or when CFIUS fails ment. Honda Motor Corporation’s cap- that the open rule was somehow some- to reach a consensus after a second-stage in- ital investment alone topped $6.3 bil- thing of no particular consequence. vestigation. Requiring Presidential action in a broader set of cases would undermine the lion during its time in our State. This contradicted the Wall Street President’s ability to determine how best to Honda’s North American plants pur- Journal in its editorial today, and I exercise Executive Branch decision-making chased more than $6.5 billion in parts urge Members to read it. I am not authority. from 150 different Ohio suppliers in 2005 going to put the whole thing in the The Administration looks forward to work- alone. RECORD because it takes some shots at ing with Congress on these important issues. H.R. 556 clearly outlines an objective some Members that I think are unfair. Mr. BACHUS. Mr. Chairman, I would review process that will encourage fu- But I urge Members who think that like to yield 3 minutes to the gentle- ture investment in Ohio and elsewhere, this was some sort of a slam dunk to woman from Ohio. And as I do, I would just like the Honda investment, and read the Wall Street Journal.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4805 I am submitting the following jurisdictional COMMITTEE ON ENERGY AND COMMERCE, COMMITTEE ON FINANCIAL SERVICES, correspondence on H.R. 566: Washington, DC, February 27, 2007. Washington, DC, February 28, 2007. Hon. BARNEY FRANK, Hon. JOHN D. DINGELL, COMMITTEE ON FOREIGN AFFAIRS, Chairman, Committee on Financial Services, Chairman, Committee on Energy and Commerce, HOUSE OF REPRESENTATIVES, Washington, DC. House of Representatives, Washington, DC. Washington, DC, February 23, 2007. DEAR MR. CHAIRMAN: Thank you for your DEAR MR. CHAIRMAN: I write with regard to Hon. BARNEY FRANK, letter concerning H.R. 556, the National Se- Chairman, Committee on Financial Services, H.R. 556, legislation to overhaul the process curity Foreign Investment Reform and Washington, DC. for reviewing foreign investment in the Strengthened Transparency Act of 2007. This DEAR CHAIRMAN FRANK: I am writing to United States, which was reported favorably bill was introduced on January 18, 2007, and you concerning the bill, H.R. 556, the Na- by your Committee on February 13, 2007. was referred to the Committee on Financial tional Security Foreign Investment Reform Services, and in addition to the Committees and Strengthened Transparency Act of 2007. As you know, the Committee on Energy and Commerce received a referral of the bill. on Foreign Affairs and Energy and Com- There are certain provisions in the legisla- merce. The bill was ordered reported by the tion which fall within the Rule X jurisdic- The bill concerns section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170). Committee on Financial Services on Feb- tion of the Committee on Foreign Affairs, in- ruary 13, 2007. The bill is scheduled for floor The Committee, together with the Senate cluding provisions relating to the Defense consideration on February 28th. Production Act of 1950, as it pertains to the Committee on Commerce, wrote that sec- I appreciate your input on this bill and am Committee on Foreign Investment in the tion, which is the so-called ‘‘Exon-Florio pleased to confirm our agreement on this United States. Amendment’’ to the Act. (See section 5021 of bill. I recognize that certain provisions in In the interest of permitting your Com- Public Law 100–418; 102 Stat. 1425.) Addition- the bill fall within the jurisdiction of the mittee to proceed expeditiously to Floor ally, the bill concerns the Committee on Committee on Energy and Commerce under consideration of this important bill, I am Foreign Investment in the United States Rule X of the Rules of the House of Rep- willing to waive this Committee’s right to (‘‘CFIUS’’). The membership of CFIUS in- resentatives. However, I appreciate your sequential referral. I do so with the under- cludes the Secretaries of Commerce and En- willingness to forego action on H.R. 556 in standing that by waiving consideration of ergy. The Secretary of Commerce is a vice order to allow the bill to come to the floor the bill, the Committee on Foreign Affairs chair of CFIUS. CFIUS’s annual report will expeditiously. I agree that your decision will does not waive any future jurisdictional also be directed to the Committee on Energy not prejudice the Committee on Energy and claim over the subject matters contained in and Commerce, and the Department of Com- Commerce with respect to its jurisdictional the bill, which fall within its Rule X jurisdic- prerogatives on this or similar legislation. I tion. I request that you urge the Speaker to merce must be consulted on the study of for- eign investment in critical infrastructure agree that the term ‘‘national security’’ appoint Members of this Committee to any should not be defined in the statute and I and industries affecting national security. conference committee which is named to will offer an amendment re-instating the In- consider any such provisions. I have reviewed the manager’s amendment spector General reporting requirement as Please place this letter into the Com- that was approved by your Committee. In previously discussed. mittee report on H.R. 556 and into the Con- general, I support the passage of the bill I will include this exchange of correspond- gressional Record during consideration of with that amendment. I will not hold a ence in the Congressional Record when this the measure on the House Floor. Thank you markup of the bill in the Committee on En- bill is considered by the House. Thank you for the cooperative spirit in which you have ergy and Commerce, notwithstanding the again for your cooperation in this important worked regarding this matter and others be- Committee’s strong jurisdictional and policy matter. tween our respective committees. Sincerely, Cordially, interests, because it is my understanding that you agree with me on the following: BARNEY FRANK, TOM LANTOS, Chairman. Chairman. (1) The term ‘‘national security’’ should Mr. BARTON of Texas. Mr. Chairman, I rise not be defined in the statute. The term is COMMITTEE ON FINANCIAL SERVICES, meant to encompass a wide variety of cir- in support of H.R. 556 the National Security Washington, DC, February 23, 2007. cumstances, as indicated by the origins of Foreign Investment Reform and Strengthening Hon. TOM LANTOS, the Exon-Florio amendment. Transparency Act of 2007. I want more foreign Chairman, Committee on Foreign Affairs, investment in America, not less, but I do not (2) The decision to remove from the bill House of Representatives, Washington, DC. want the kind that threatens our security. the requirement of Inspector General reports DEAR MR. CHAIRMAN: Thank you for your CFIUS exists to make the distinction, and we letter concerning H.R. 556, the National Se- should be reconsidered. The Committee on curity Foreign Investment Reform and Energy and Commerce has always found IG need to know that it’s doing a good job. Strengthened Transparency Act of 2007. This reports to be very effective tools for account- We don’t automatically fear foreign investors bill was introduced on January 18, 2007, and ability and oversight. The bill’s requirement here in America. The money provided by for- was referred to the Committee on Financial of annual reports, while important for the eign investors creates jobs, growth and oppor- Services, and in addition to the Committees purpose that they serve, are not an adequate tunity here at home. I just want to ensure the on Foreign Affairs and Energy and Com- substitute. The Dubai Ports deal, GAO’s crit- investment we attract does not jeopardize na- merce. The bill was ordered reported by the ical report, and CFIUS’s failure to file re- tional security. Committee on Financial Services on Feb- quired quadrennial reports, as well as the H.R. 556 provides consistent criteria with ruary 13, 2007. It is my expectation that this multi-agency and department structure of appropriate discretion and will improve the re- bill will be scheduled for floor consideration CFIUS, argues in favor of having an inde- view process without impairing our ability to in the near future. pendent entity conduct performance and sys- I recognize that certain provisions in the attract significant and needed foreign invest- tems audits and evaluations in order to iden- bill fall within the jurisdiction of the Com- ment. tify problems quickly and efficiently. mittee on Foreign Affairs under Rule X of Mr. Chairman, I fully support the legislation the Rules of the House of Representatives. (3) The inaction of the Committee on En- before us. Importantly, it provides for manda- However, I appreciate your willingness to ergy and Commerce with respect to the bill tory review of foreign-government controlled forego action on H.R. 556 in order to allow does not in any way serve as a jurisdictional transactions and any transaction that affects the bill to come to the floor expeditiously. I precedent as to our two Committees. national security. Additionally, it provides clear agree that your decision will not prejudice In the main, I applaud the work that your and consistent review criteria for all other the Committee on Foreign Affairs with re- Committee has done on this bill. I request spect to its jurisdictional prerogatives on commercial investments, it adds the Secretary this or similar legislation. I would support that you send me a letter confirming our of Energy to the Committee, and it makes the your request for conferees on those provi- agreement and that, as part of the consider- Secretary of Commerce a co-vice chair of the sions within your jurisdiction should this ation of the bill on the House floor, you in- Committee. Most important, it adds trans- bill be the subject of a House-Senate con- sert our exchange of letters in the Congres- parency in the process for Congressional sional Record. If you wish to discuss this ference. oversight and establishes new reporting re- matter further, please contact me or have I will include this exchange of correspond- quirements many of us feel are essential to ence in the Committee report and in Con- your staff contact Consuela Washington, gressional Record when this bill is consid- Chief Counsel/Commerce, Trade, and Con- this process. ered by the House. Thank you again for your sumer Protection to the Committee on En- I support H.R. 556 and urge my colleagues cooperation in this important matter. ergy and Commerce, at extension 5–2927. to approve the measure. Yours truly, Sincerely, Mr. HOLT. Mr. Chairman, I am pleased that BARNEY FRANK, JOHN D. DINGELL, the House is considering this measure today, Chairman. Chairman. and I intend to vote for it.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4806 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 According to the Congressional Research I note for the record that I spent three This legislation also requires that the Securi- Service, in 2005, direct foreign investment in months pressing Coast Guard officials to de- ties of Treasury and Homeland Security, or the U.S. totaled some $109 billion. By year- classify this single page. Congress should not their Deputy Secretaries or Under Secretaries, end 2004, the latest year for which detailed have to haggle with the executive branch to sign off on all deals before they are com- data are available, foreign firms employed 5.6 get intelligence assessments on potential se- pleted. We now know that, during the review million Americans (just under 4% of the U.S. curity threats to our people in a manner that of the Dubai Ports World deal, low-level bu- civilian labor force) and owned over 30 thou- protects intelligence sources and methods. reaucrats approved the transaction without the sand individual business establishments. The bill before us contains changes in the law knowledge of the relevant Cabinet members. While the impact of foreign investment on our governing CFIUS that should help prevent a By mandating that the under-secretary level is economy is generally positive, last year we repeat of the Dubai Ports World fiasco, par- the lowest level authorized to approve these saw how inadequate monitoring of the foreign ticularly with regards to intelligence assess- transactions, we will build another fail-safe into investment process can produce threats to our ments and Congressional notification. the CFIUS process, and, perhaps more impor- security. Specifically, the bill before us requires a tantly, we will put in place a system of ac- It was just over a year ago that we learned mandatory 45–day investigation for all acquisi- countability, rather than one of finger-pointing. from media reports that the Bush administra- tions involving foreign governments, to include Mr. Chairman, this is a vitally important tion had quietly approved the sale of an Amer- a requirement that the Director of National In- piece of legislation, which passed unanimously ican port operations company to Dubai Ports telligence play a direct role in evaluating the in the last Congress. I ask my colleagues to World (DPW), an entity owned by the govern- national security implications of such acquisi- once again support this important national se- ment of the United Arab Emirates. The deal tions. The bill also requires automatic notifica- curity measure. was approved by a little-known government tion of Congress within five days after the con- Mr. SHAYS. Mr. Chairman, as a cosponsor entity, the Committee on Foreign Investment clusion of each investigation. Finally, the bill of H.R. 556, I am pleased the new majority is in the United States, or CFIUS for short. requires the Secretaries or Deputy Secretaries moving quickly to consider this legislation, CFIUS was created by President Ford in 1975 of the Departments of Treasury and Homeland which passed the House in the last Congress via executive order in response to Congres- Security to personally approve such trans- by an overwhelming bipartisan vote. This leg- sional concerns over OPEC’s investment ac- actions. These are common sense reforms of islation would require that all transactions in- tivities in the United States. the CFIUS process that are long overdue, and volving foreign state-owned companies be In the DPW case, we subsequently learned I urge my colleagues to join me in voting for automatically subject to a full 45-day investiga- that at least some elements of the intelligence this important legislation. tion. community had expressed concerns about the Mr. ACKERMAN. Mr. Chairman, I rise in Last year, the attempt by Dubai Ports World security implications of the DPW transaction. support of H.R. 556, the National Security (DP World), a port operations company owned In Congress, we were concerned that CFIUS FIRST Act. I would like to thank the Chairman by the government of the United Arab Emir- had ignored or downplayed any potential se- of the Financial Services Committee, Mr. ates (UAE), to purchase operating terminals at curity issues surrounding the transaction. We FRANK, for his efforts in making this legislation six U.S. ports was a clear indicator we must were told that DPW is well run and efficient. one of the committee’s first priorities. I would reform the CFIUS process. That may be, but there was good reason for also like to commend my colleague from New Whenever a foreign investment affects concern. York, Mrs. MALONEY, for sponsoring this im- homeland security, it deserves greater scru- The UAE, which owned and controlled the portant legislation. tiny. It seems to me, this legislation strikes the acquiring company in this case, had previously Mr. Chairman, it’s been a year since the proper balance between strengthening our been identified as a key transfer point for ship- Bush administration thought it would be a economy and protecting the American people. ments of nuclear components that were sent good idea to hand over commercial operations Mr. Chairman, I urge my colleagues to sup- to Iran, North Korea, and Libya, which were of six of our nation’s ports to the government port this legislation. sold by Pakistan’s nuclear scientist A.Q. Khan. of Dubai—a country that the 9/11 Commission Mr. MARKEY. Mr. Chairman, I rise in strong In addition, the UAE was one of only 3 coun- report named as a source of terrorist financing support of H.R. 556, the National Security tries (including Pakistan and Saudi Arabia) to and which two of the 9/11 hijackers called FIRST Act, introduced by the Gentlelady from recognize the Taliban as the legitimate gov- home. We have since learned that, during the New York, Congresswoman CAROLYN MALO- ernment of Afghanistan prior to 9/11. Two of review process undertaken by the Committee NEY. the 9/11 hijackers were UAE nationals (Fayez on Foreign Investment in the United States, or A year ago, a secretive committee at the Banihamrnad and Marwan al-Shehhi), and the CFIUS, administration officials did not perform Treasury Department that most Americans Federal Bureau of Investigation had previously a required thorough investigation of the deal to had never heard of approved a transaction to claimed the money used for the attacks was a satisfactory level and chose not to require give a company owned by the United Arab transferred to the 9/11 hijackers primarily Dubai Ports World to follow certain security Emirates control over terminal operations at 6 through the UAE’s banking system. Further- conditions at some of the busiest ports in the major U.S. ports. more, after the 9/11 attacks, the Department country—over 4 years after 9/11. The decision by the Committee on Foreign of Commerce complained of a lack of co- Mr. Chairman, the Dubai Ports World deba- Investment in the United States—or CFIUS— operation by the UAE and other Arab coun- cle was a paragon of bureaucratic ineptitude to approve this purchase by Dubai Ports tries as the U.S. was trying to track down and the shining example of why this legislation World shined a bright light on an obscure Osama bin Laden’s bank accounts. is needed. Even those who believe that DPW committee and the process it uses to make The Bush administration initially denied should currently be administering our nation’s decisions that can have important con- there were any such security concerns sur- ports must concede that the process is bro- sequences for the security of our country. rounding the DPW deal, so I worked to get a ken. Clearly, the Dubai Ports World transaction portion of the United States Coast Guard intel- The CFIUS process needs more trans- did not receive the scrutiny it deserved. The 9/ ligence estimate declassified so the public parency, better oversight and increased fail- 11 Commission had identified the government would know the truth. The Coast Guard finally safes to ensure that the administration doesn’t of the UAE—the same entity that would own provided me with the declassified executive next absent-mindedly sell our nation’s airports the terminals at major U.S. ports—as a ‘‘per- summary on May 25, 2006, and I want to to Iran Airports World. sistent counterterrorism problem’’. Two of the make sure my colleagues and the public are This bill mandates that any proposed deal 9/11 hijackers were from the UAE. The 9/11 aware of what this assessment says. that involves an entity owned by a foreign gov- Commission concluded that the UAE banking While the USCG assessment stated that the ernment trigger an automatic—and thorough— system was used as a conduit for funds for DPW deal posed no ‘‘immediate’’ threat to the CFIUS review. To be clear, this legislation the September 11th attacks. United States, it also stated that the deal does not increase barriers for foreign govern- Moreover, the UAE was a key transfer point ‘‘could also provide a potential vector for ments interested in investing in the United for illegal shipments of nuclear components to Dubai-based terrorists to enter the United States—H.R. 556 merely puts in place nec- Iran, North Korea and Libya. The UAE was States, exploiting the port facilities in the same essary safeguards to ensure that investments one of only three nations to recognize the le- way that other terrorists have exploited indi- in the United States do not threaten our na- gitimacy of the Taliban government and still vidual shipping companies.’’ tional security. does not recognize the State of Israel.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4807 Despite all of these warning signs, the pro- ‘‘catastrophic consequences of terror in a box’’ deal and as recorded in the annual report. As posed port deal did not even lead the Bush that would result if a nuclear device hidden in we have gone through the Committee process Administration to conduct a 45-day investiga- a cargo container were donated in our coun- in the 109th Congress and in the 110th, I have tion, which is provided in current law and try. Admiral James Loy, the former Coast learned a great deal about how the CFIUS should have been interpreted as being manda- Guard commandant and former Deputy Sec- process works. I think it is important that we tory when foreign governments—whether in- retary of Homeland Security, has said that incorporate this suggestion from the Adminis- volving the UAE, the UK, the Ukraine or any there is evidence that al Qaeda terrorists are tration on CFIUS. Currently, the different other nation—seek mergers, acquisitions or already involved in the maritime trades. agencies that make up the CFIUS committee similar transactions that could affect U.S. na- Through the Secure Freight Initiative, the work as a team until they arrive at a con- tional security. Bush Administration has begun the process of sensus view. It is my understanding that the Public outrage ultimately sunk the Dubai establishing pilot programs overseas to test committee does not take roll call votes agen- deal. Last March, Dubai Ports World agreed to the feasibility and effectiveness of scanning all cy-by-agency on each transaction deal that is divest itself of the U.S. port operations in- U.S.-bound containers before they are loaded examined. The current CFIUS approach is volved in the transaction, and AIG purchased onto container ships headed to our country. much more holistic and fosters a team effort. these assets earlier this month. The provision in the 9/11 Recommendations I have concerns that requiring a roll call vote I commend Congresswoman MALONEY for bill that Congressman NADLER and I authored on each deal could discourage one agency crafting this strong legislation. It closes the would require that lessons learned during the from raising an issue if all the others are pre- loopholes that had, unbelievably, allowed com- Secure Freight Initiative are incorporated into pared to sign off. I would not want a roll call merce to trump commonsense. Specifically, a comprehensive 100 percent scanning and vote to have any unintended consequences. this bill requires that a transaction involving sealing policy for every container headed to I do not believe we should override the way foreign governments receive extra scrutiny by our country. Our provision contains a sensible CFIUS currently works as a team. It is effec- mandating that the chairman and vice-chair- time frame—3 years for large overseas ports tive and encourages the agencies to interact man of CFIUS certify that the transaction and 5 years for smaller ones—to implement and communicate throughout the examination poses no national security threat or the trans- the 100 percent scanning mandate. of the deal. action must be subjected to a second-stage Dubai Ports World—the same company that The third amendment I submitted would 45-day national security investigation; ensures triggered the reform process that led us to eliminate unnecessary bureaucracy for the that senior level officials are held accountable consideration of the legislation before us transaction deals that are relatively easy to for CFIUS decisions by requiring that the today—is planning to incorporate the capability approve by allowing the actual signing off chairman and vice chairman of CFIUS ap- to perform 100 percent scanning at its oper- process to be accomplished by a Senate con- prove all transactions where CFIUS consider- ations overseas. firmed official. This of course does not mean ation is completed within the 30-day review We have the technology. We know the the Secretary and Deputy Secretary are un- period and mandating that the president ap- risks. We need to take action to require 100 aware of the deal or left out of the loop on prove all transactions that have been sub- percent scanning and sealing of all U.S. CFIUS matters. They are briefed on every jected to the second-stage 45-day national se- bound cargo containers OVERSEAS, before deal on a regular basis. And they will still be curity investigation; and provides for much- they arrive at our shores. If we detect a nu- required to sign off on certain cases that are needed congressional oversight by requiring clear bomb in a container once it arrives at a of concern to Congress. However, this amend- CFIUS to report to the congressional commit- U.S. port, it’s too late. Once again, I commend ment would provide for a more expedient tees of jurisdiction within five days after the the gentlelady from New York for her leader- CFIUS process for the majority of transactions final action on a CFIUS investigation. CFIUS ship on this important issue, and I urge an that pose no threat to national security. also must file semi-annual reports to Congress ‘‘aye’’ vote. Mr. HOYER. Mr. Chairman, today, the new that contain information on transactions han- Mr. DAVIS of Kentucky. Mr. Chairman, first Democratic Majority in the House has brought dled by the committee during the previous six I would like to commend Chairman FRANK, legislation to the Floor—the National Security months. Ranking Member BACHUS and Congress- FIRST Act—which will strengthen our national Passage of this bill is an important step to- woman MALONEY for putting together this im- security by addressing a glaring deficiency wards making our country safer. As we con- portant bill that exemplifies the bipartisan work that became public last year. tinue to learn the lessons of the Dubai Ports of the Financial Services Committee. H.R. 556 Many Members of Congress—and millions World transaction, we also must push forward succeeds in striking a balance that ensures of Americans—were shocked when it was re- with efforts to require that all shipping con- neither the national security of the United ported in 2006 that the Bush Administration tainers are scanned for nuclear bombs before States nor the investment climate will be com- had approved a deal allowing Dubai Ports they leave foreign countries bound for our promised. World—a company owned by the government shores and sealed to prevent tampering en This bill was originally introduced in the of the United Arab Emirates—to manage ter- route. 109th Congress in response to the public out- minal operations at six major ports in the The 100 percent scanning mandate was in- cry after the Dubai Ports World case. H.R. 556 United States. cluded in the 9/11 Commission recommenda- formalizes the role of the Director of National Let me be clear: There is nothing wrong tions bill that passed the House last month on Intelligence in the CFIUS process, establishes with foreign investment in our nation. In fact, a bi-partisan basis. As the other body con- accountability in CFIUS by ensuring senior of- we have reason to encourage it. But what was siders its version of the bill, this vital provision ficials are involved in clearing transactions and shocking about the Dubai Ports World deal should be retained. In New York Times col- establishes better communication with Con- was that it was approved by the secretive umnist Frank Rich’s piece last Sunday, he re- gress so that we can perform our oversight Committee on Foreign Investment in the ported that the former head of the C.I.A. bin function. United States with only minimal review, and Laden unit, Michael Scheuer has stated that However, I am a strong believer in simpli- without the 45-day national security investiga- the Taliban and Al Qaeda, having regrouped fying processes to achieve the best possible tion that clearly should have occurred. in Afghanistan and Pakistan, are ‘‘going to outcome. I do not think we should make In fact, the deal was approved despite the detonate a nuclear device inside the United CFIUS an overly complicated and burdensome fact that the Department of Homeland Security States.’’ process for foreign investment. The goal is to had raised security concerns. And, approval Mr. Scheuer is not alone in making this as- maintain the attractiveness of the U.S. mar- occurred without the input of senior Adminis- sessment. Harvard University arms control ex- kets as a destination for foreign investment, tration officials, such as the Secretaries of the pert Graham Allison has said that ‘‘more likely while protecting our national security. Treasury and Homeland Security, and even than not’’ there will be a terrorist attack using While I submitted three amendments to H.R. the President himself. a nuclear bomb in our country. He has de- 556 that I was unable to offer today, they ad- Thus, today, I want to congratulate Chair- scribed the detonation of a nuclear explosive dress important issues that deserve consider- man FRANK of the Financial Services Com- device in a cargo container in one of our ports ation as the bill moves through the Senate mittee for his strong leadership on this bipar- as a nightmare scenario for our nation. and into a conference committee. tisan legislation. In short, this bill addresses Port security expert and former Coast Guard Two of my amendments would eliminate the key failings in the current CFIUS review proc- officer Stephen Flynn has written about the roll call requirement for both the approval of a ess.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4808 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 First, it will require that in cases involving a Corporation’s attempted bid for control of oil cratic processes that can fundamentally im- company controlled by a foreign government company Unocal raised and increased aware- pact our economy and our security. We can— that either the CFIUS Chairman (the Treasury ness around transactions that should receive and we must—protect our homeland while en- Secretary) or the Vice-Chairman (the Home- CFIUS review. These incidents highlighted the suring that foreign investment remains strong land Security Secretary) certify that the trans- need for meaningful CFIUS reform. and New Mexico and America continue to be action poses no national security threat, or The bill balances the need for continued for- the best places in the world to do business. that a 45-day security investigation occur after eign investment in the United States, but re- Mr. DINGELL. Mr. Chairman, the Committee the initial 30-day review period. In cases viewing that investment to determine if it on Energy and Commerce supports the con- where the second stage 45-day review ap- would impair or threaten national security or sideration of H.R. 556 by the House today. plies, the bill requires the President to approve critical infrastructure. This bill adopts a number of needed reforms such transactions. This bill establishes accountability to key to the process by which the Federal govern- In addition, the bill improves CFIUS ac- Cabinet level agencies and, much like other ment reviews foreign investments in the countability to Congress. Recall that last year, corporate reform, requires personal action by United States for their national security impli- Congress was not notified of the Dubai Ports the Secretaries of Treasury, Commerce, and cations. The free and fair flow of capital and World deal. Now, CFIUS must report to the Homeland Security. Congressional Research trade is an important goal. At the same time, committees of jurisdiction within five days after Service’s independent report found that for all we face new challenges in a complex global the final action on a CFIUS investigation. merger and acquisition activity in 2005, 13 economy where countries increasingly have Finally, this legislation requires that every percent of it was from foreign firms acquiring clear national strategies on how to compete in transaction be subjected to an investigation by U.S. firms. This is up from 9 percent almost order to increase national power and their the Director of National Intelligence. 10 years before. This statistic shows that for- standard of living. Again, this is important legislation that will eign investment in the U.S. is vital to the In 1987, the leadership of the Congress was strengthen our national security. I urge Mem- economy. Only through this legislation, will troubled by our nation’s rising trade deficit, bers on both sides of the aisle to support it. CFIUS have a formal budget, membership and and decided to craft an omnibus trade bill. Mr. THOMPSON of Mississippi. Mr. Chair- clear mission—protecting American security Congress passed the Omnibus Trade Act in man, I stand here today as chairman of the while maintaining a free and growing econ- 1988. The so-called Exon-Florio amendment Committee on Homeland Security in support omy. to the Defense Production Act, written by the of H.R. 556, the National Security Foreign In- In closing, let me thank my colleagues on Senate and House Commerce Committees on vestment Reform and Strengthened Trans- the Financial Services Committee for their which Senator Exon and Congressman Florio parency Act of 2007. This bill provides needed leadership on this legislation, especially my served, authorized the President to suspend reform by formalizing and streamlining the Democratic colleagues Representative CARO- or prohibit foreign acquisitions of U.S. compa- structure and duties of the Committee on For- LYN MALONEY and JOSEPH CROWLEY of New nies in instances where the foreign acquisition eign Investment in the United States (CFIUS). York for their efforts. poses a threat to national security. The Presi- Indeed, this bill addresses many of the con- Mr. PEARCE. Mr. Chairman, this urgently dent delegated this authority to the Committee cerns raised about CFIUS during the past needed bipartisan legislation constitutes an on Foreign Investment in the United States. twelve months, especially its current lack of important step forward in our efforts to im- The 1988 Act’s Conference Agreement transparency and oversight. This bill rectifies prove homeland security. H.R. 556 injects sig- made absolutely clear that the term ‘‘national these concerns by formally establishing CFIUS nificant doses of transparency, accountability, security’’ was meant to be broadly interpreted. and its membership, while also streamlining and oversight into how our government re- H.R. 556 continues in this vein by including ‘‘a how and when a CFIUS review will be con- views and approves U.S. investments by for- security-related impact on critical infrastruc- ducted. eign government-owned companies. ture’’ and ‘‘whether the covered transaction is Mr. Chairman, the bill formalizes the CFIUS Before the proposed transfer of six major foreign-government controlled’’ as additional membership and requires the following to eastern shipping terminals to Dubai Ports factors required to be considered. The Report serve: (1) Secretaries of Treasury, Homeland World came to light last year, very few Ameri- filed by the Committee on Financial Services Security, Commerce, Defense, State, and En- cans had heard of the Committee on Foreign notes that: ‘‘The Committee expects that ergy; (2) Attorney General; Chair of the Coun- Investment in the United States, or CFIUS. CFIUS will consider all aspects of a covered cil of Economic Advisors; the U.S. Trade Rep- The concern that greater scrutiny was not ap- transaction to determine if the investment resentative; Director of Office of Management plied to this transaction and its potential im- threatens to impair national security.’’ I whole- and Budget; Director of National Economic pact upon the security of our ports became a heartedly agree. The Report also makes clear Council; and (3) The Director of Office of source of shock and outrage—and CFIUS be- that national security encompasses critical en- Science and Technology Policy; the Presi- came synonymous for bureaucratic failure in ergy-related infrastructure issues. The Energy dent’s assistant for national security affairs; the face of the post 9–11 challenges America and Commerce Committee appreciates this and any other designee of the President from confronts. emphasis on matters within our jurisdiction the Executive Office. Congress began investigating the CFIUS and of critical concern to the security of the Under this bill, the Treasury Department will process immediately following the resolution of nation. be the Chair with the Secretaries of Com- this controversy. The House and Senate I also note that, under this legislation, the merce and Homeland serving as the Vice passed legislation last year which enhanced membership of CFIUS includes the Secre- Chairs. CFIUS will conduct a review of any reporting standards while strengthening con- taries of Commerce and Energy, the Secretary national security related business transaction gressional oversight; yet a final conference of Commerce is a vice chair of CFIUS, the in which the outcome could result in foreign agreement was not reached before the end of Chairman and Vice Chairmen must approve control of any business engaged in interstate the last Congress. all covered transactions and must certify that commerce in the U.S. After reviewing the pro- H.R. 556 builds upon last year’s efforts, pro- foreign government transactions pose no posed business transaction, CFIUS will make viding the comprehensive CFIUS reform that threat to national security, CFIUS’s annual re- a determination, the outcome of which could our national security requires without overbur- port will also be directed to the Committee on require conducting a full investigation if one of dening the flow of commerce and capital upon Energy and Commerce, and the Department four circumstances exists: (1) Transaction in- which our prosperity depends. of Commerce must be consulted on the study volves a foreign government-controlled entity; I have listened to American business own- of foreign investment in critical infrastructure (2) Transaction threatens to impair national ers as they urged us to act for the sake of cer- and industries affecting national security. I security and the review cannot mitigate those tainty and stability in international investment support these changes. I further note that the concerns; (3) National Intelligence Director markets—and I am pleased that acting to- Committee on Financial Services has agreed identifies intelligence concerns and CFIUS gether as Democrats and Republicans, we are to a request from Energy and Commerce to could not agree upon methods to mitigate the poised to pass legislation today that con- require Inspector General reports as an impor- concerns; or, (4) Any one (1) CFIUS Member stitutes real progress toward addressing their tant oversight and accountability check on the votes against approving the transaction. concerns. operations of CFIUS. This agreement is con- Incidents such as the Dubai Ports World We must remain vigilant in our oversight of tained in an exchange of letters to be inserted (DPW) and the China National Offshore Oil CFIUS and other long-established bureau- in the RECORD.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4809 I urge my colleagues to support this legisla- freely invest in the United States, and the leg- sible for what in the decisionmaking process. tion. I look forward to working with the Com- islation before us will do just that. Another critical issue is how decisions are ac- mittees on Financial Services and on Foreign It is, however, equally important to ensure tually made, and what entity is principally re- Affairs to bring a good law to the President’s that in cases where potential investment deals sponsible for protecting the national security desk. could impact our national security, we have a interests of this Nation as they pertain to for- Mr. CUMMINGS. Mr. Chairman, I rise today stopgap measure allowing us to critically re- eign direct investment. in strong support of the National Security For- view the potential ramifications and to proceed This bill enables CFIUS to unilaterally ini- eign Investment Reform and Strengthened with caution. I am therefore also pleased that tiate a review where an issue of concern is Transparency Act of 2007, H.R. 556, of which this legislation designates the Secretary of raised; any foreign government backed deal I am also an original co-sponsor. Homeland Security as the Vice Chair of would be subject to review; both the Secre- Last year, the proposed sale of the P&O CFIUS. The United States has historically taries of the Treasury and Homeland Security firm—which manages terminal operations at been open to foreign direct investment and must sign off on reviews, while the Homeland major East Coast ports, including the Port of has provided foreign investors with fair, equi- Security Secretary would be vice-chair of the Baltimore—to a company controlled by the table and non-discriminatory treatment, and I Committee; and all reviews are subject to re- government of Dubai raised several significant believe this legislation will be implemented view by the Director of National intelligence. issues to the attention of Congress. within this context. In addition, everyone knows that trans- In addition to making many aware for the Foreign direct investment continues to pro- parency and accountability were, in part, at first time that operations in American seaports vide benefits to our economy in terms of jobs, the heart of the congressional uproar over the are frequently managed by foreign interests, technology, management expertise, and cap- Dubai World Ports deal. Importantly, H.R. 556 the sale brought renewed attention to the sig- ital. The legislation we are considering today like its predecessor bill requires that CFIUS nificant gaps in our port security regime. will continue to encourage such investment report biannually to Congress on its activities. Further, the proposed deal revealed the in- while strengthening the process through which This is strong legislation that will only make adequacy of our systems for assessing the se- we can ensure that none of these arrange- Congress’ job less difficult on the issue of na- curity risks that the increasingly global nature ments hinder our national security interests. I tional security and foreign direct investment. of business ownership relationships may therefore urge my colleagues to join me in I urge my colleagues to support H.R. 556 pose—not just in the port management indus- supporting this legislation. without any weakening amendments. Unfortu- try but in almost all critical industries in the Ms. WATERS. Mr. Chairman, as you know, nately, there are those who would have you U.S. I was a strong supporter of H.R. 5337, the Na- believe that the bill in not balanced. I would Fulfilling our unwavering commitment to the tional Security Foreign Investment Reform and submit that the bill represents a comprehen- security of our homeland, the Democratic Strengthened Transparency Act of 2006, sive well-balanced measure in view of the leadership has moved systematically to ad- which passed the Financial Services Com- global situation. Indeed, this bill will not under- dress the security concerns raised by the pro- mittee as well as the House in the 109th Con- mine foreign investment in the U.S. Mr. ETHERIDGE. Mr. Chairman, I rise in posed sale of P&O to Dubai. gress. First, I want to again acknowledge the support of H.R. 556, National Security Foreign The first piece of legislation the House con- work of our distinguished chairman of the Investment Reform and Strengthened Trans- sidered and passed this year—H.R. 1—would Committee of Financial Services, Mr. FRANK parency Act of 2007, and I urge my col- close an enormous gap in port security by re- and Mr. GUTIERREZ, chairman of the Sub- leagues to join me in voting in favor of it. quiring the examination of all shipping con- committee on Domestic and International Mon- etary Policy, Trade and Technology for sup- Many Americans were rightfully concerned tainers bound for the U.S. in 2006 by the Dubai Ports World scandal. I The bill before us today, H.R. 556, will re- porting this bill. Let me also thank Ms. MALO- NEY, a member of the Subcommittee on Do- support H.R. 556 because this bill provides form the processes of the Committee on For- mestic and International Monetary Policy, the needed reform to the Committee on For- eign Investment in the United States (CFIUS) Trade and Technology, for again introducing eign Investment in the United States (CFIUS). to ensure that this Committee casts greater this important national security legislation, By reforming CFIUS, the United States can scrutiny on transactions involving entities H.R. 556. In addition, the bill now has more better balance the critical issue of national se- owned by foreign individuals or govern- than 50 co-sponsors. curity with the billions of dollars in foreign in- ments—and to ensure that Congress receives Last year, the House approved a com- vestment that helps keep our economy strong. the information it needs to oversee this proc- prehensive set of reforms to the Committee on H.R. 556 formally establishes CFIUS and its ess. Foreign Investment in the United States membership and streamlines the process for As the Chairman of the Subcommittee on (CFIUS) process. It is a testament to the dili- reviews by the committee. This bill mandates Coast Guard and Maritime Transportation, I gence of Ms. MALONEY and other members of a 30-day review for all national security-related understand the critical need to balance secu- the Committee on Financial Services that H.R. business transactions and a full-scale 45-day rity and economics—particularly at our ports. 556 is being considered so early in this ses- investigation to follow if necessary. This bill However, we must ensure that the CFIUS sion. also ensures these decisions are made at a process—which is as much a part of our It has been almost a year since we learned senior level and requires CFIUS to report to homeland security system as any scanner or of the Committee of Foreign Investment’s Congress five days after their final action on radiation detector—is adequate to ensure that (CFIUS) activities related to Dubai World Ports an investigation. The United States Chamber the implications of all transactions involving and the implications of the proposed deal for of Commerce supports this bill as do other foreign entities are fully understood and that national security. I can genuinely say that the groups concerned about responsible policy for only those investments that pose no national members of the Committee on Financial Serv- foreign investment. security risks are allowed to move forward. ices have been most directly involved in this I oppose any amendments that weaken I urge my colleagues to support H.R. 556. issue since that time. H.R. 556, National Security Foreign Invest- Mr. LANGEVIN. Mr. Chairman, I rise today The bill the House passed last year, H.R. ment Reform and Strengthened Transparency in strong support of H.R. 556, the National Se- 5337, was designed to reform the CFIUS Act of 2007. The three amendments intro- curity Foreign Investment Reform and process based on the information gleaned duced by Rep. MCCAUL all place burdensome Strengthened Transparency Act. This legisla- from earlier hearings on the subject. We have reporting requirements on CFIUS and detract tion strikes the delicate balance between the heard about the negative impact of cutting off from the committee’s mission. Reporting on need to encourage foreign direct investment in foreign direct investment in the U.S. However, tax issues is outside the scope and expertise the United States and the ability to critically re- it would be foolish to assume that we would of the committee. CFIUS and its resources view potential investment deals that threaten take any such steps to prohibit foreign direct should be focused on foreign transactions, our national security. investment. At the same time, we need to con- and most importantly, on national security. I am particularly pleased that this bill formal- sider safeguards to ensure that the CFIUS I support H.R. 556 and urge my colleagues izes the Committee on Foreign Investment in process is consistent with the original intent of to join me in improving our national security the United States (CFIUS) membership and the Congress concerning national security and while safeguarding America’s economy. designates the Secretary of the Treasury as investments. Mr. FRANK of Massachusetts. Mr. the Chair. It is crucial to our economy that we It is time that CFIUS operated within the Chairman, I yield back the balance of continue to encourage foreign countries to law, and that it is made clear who is respon- my time.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4810 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 The CHAIRMAN. All time for general ‘‘(B) CONTROL BY FOREIGN GOVERNMENT.—If ‘‘(ii) a roll call vote pursuant to paragraph debate has expired. the Committee determines that the covered (3)(A) in connection with a review under para- Pursuant to the rule, the amendment transaction is a foreign government-controlled graph (1) of any covered transaction results in in the nature of a substitute printed in transaction, the Committee shall conduct an in- at least 1 vote by a Committee member against vestigation of the transaction under paragraph approving the transaction; or the bill shall be considered by sections (2). ‘‘(iii) the Director of National Intelligence as an original bill for purpose of ‘‘(C) WRITTEN NOTICE.— identifies particularly complex intelligence con- amendment, and each section is consid- ‘‘(i) IN GENERAL.—Any party to any covered cerns that could threaten to impair the national ered read. transaction may initiate a review of the trans- security of the United States and Committee No amendment to that amendment action under this paragraph by submitting a members were not able to develop and agree shall be in order except those printed written notice of the transaction to the Chair- upon measures to mitigate satisfactorily those threats during the initial review period under in the designated place in the CONGRES- person of the Committee. ‘‘(ii) WITHDRAWAL OF NOTICE.—No covered paragraph (1), SIONAL RECORD and pro forma amend- transaction for which a notice was submitted the President, acting through the Committee, ments for the purpose of debate. under clause (i) may be withdrawn from review shall immediately conduct an investigation of Amendments printed in the RECORD unless— the effects of the transaction on the national se- may be offered only by the Member ‘‘(I) a written request for such withdrawal is curity of the United States and take any nec- who caused it to be printed or his des- submitted by any party to the transaction; and essary actions in connection with the trans- ignee and shall be considered read. ‘‘(II) the request is approved in writing by the action to protect the national security of the The Clerk will designate section 1. Chairperson, in consultation with the Vice United States. Chairpersons, of the Committee. ‘‘(B) TIMING.— Mr. FRANK of Massachusetts. Mr. ‘‘(i) IN GENERAL.—Any investigation under Chairman, I ask unanimous consent ‘‘(iii) CONTINUING DISCUSSIONS.—The approval of a withdrawal request under clause (ii) shall subparagraph (A) shall be completed before the that the bill be printed in the RECORD not be construed as precluding any party to the end of the 45-day period beginning on the date and open to amendment at any point. covered transaction from continuing informal of the investigation commenced. The CHAIRMAN. Is there objection discussions with the Committee or any Com- ‘‘(ii) EXTENSIONS OF TIME.—The period estab- to the request of the gentleman from mittee member regarding possible resubmission lished under subparagraph (B) for any inves- Massachusetts? for review pursuant to this paragraph. tigation of a covered transaction may be ex- tended with respect to any particular investiga- ‘‘(D) UNILATERAL INITIATION OF REVIEW.— There was no objection. tion by the President or by a rollcall vote of at The text of the bill is as follows: Subject to subparagraph (F), the President, the Committee, or any member acting on behalf of least 2/3 of the members of the Committee in- H.R. 556 the Committee may move to initiate a review volved in the investigation by the amount of Be it enacted by the Senate and House of Rep- under subparagraph (A) of— time specified by the President or the Committee resentatives of the United States of America in ‘‘(i) any covered transaction; at the time of the extension, not to exceed 45 Congress assembled, ‘‘(ii) any covered transaction that has pre- days, as necessary to collect and fully evaluate viously been reviewed or investigated under this information relating to— SECTION 1. SHORT TITLE. ‘‘(I) the covered transaction or parties to the section, if any party to the transaction sub- This Act may be cited as the ‘‘National Secu- transaction; and rity Foreign Investment Reform and Strength- mitted false or misleading material information ‘‘(II) any effect of the transaction that could ened Transparency Act of 2007’’. to the Committee in connection with the review threaten to impair the national security of the SEC. 2. UNITED STATES SECURITY IMPROVEMENT or investigation or omitted material information, United States. AMENDMENTS; CLARIFICATION OF including material documents, from information ‘‘(C) EXCEPTION.—Notwithstanding subpara- REVIEW AND INVESTIGATION PROC- submitted to the Committee; or graph (A)(i)(II), an investigation of a foreign ESS. ‘‘(iii) any covered transaction that has pre- government-controlled transaction shall not be Section 721 of the Defense Production Act of viously been reviewed or investigated under this required under this paragraph if the Secretary 1950 (50 U.S.C. App. 2170) is amended by strik- section, if any party to the transaction or the of the Treasury, the Secretary of Homeland Se- ing subsections (a) and (b) and inserting the fol- entity resulting from consummation of the curity, and the Secretary of Commerce deter- lowing new subsections: transaction intentionally materially breaches a mine, on the basis of the review of the trans- ‘‘(a) DEFINITIONS.—For purposes of this sec- mitigation agreement or condition described in action under paragraph (1), that the trans- tion, the following definitions shall apply: subsection (l)(1)(A), and— action will not affect the national security of ‘‘(1) COMMITTEE.—The term ‘Committee’ ‘‘(I) such breach is certified by the lead de- the United States and no agreement or condition means the Committee on Foreign Investment in partment or agency monitoring and enforcing is required, with respect to the transaction, to the United States. such agreement or condition as an intentional mitigate any threat to the national security ‘‘(2) CONTROL.—The term ‘control’ has the material breach; and (and such authority of each such Secretary may meaning given to such term in regulations ‘‘(II) such department or agency certifies that not be delegated to any person other than the which the Committee shall prescribe. there is no other remedy or enforcement tool Deputy Secretary of the Treasury, of Homeland ‘‘(3) COVERED TRANSACTION.—The term ‘cov- available to address such breach. Security, or of Commerce, respectively). ered transaction’ means any merger, acquisi- ‘‘(E) TIMING.—Any review under this para- ‘‘(3) APPROVAL OF CHAIRPERSON AND VICE tion, or takeover by or with any foreign person graph shall be completed before the end of the CHAIRPERSONS REQUIRED.— which could result in foreign control of any per- 30-day period beginning on the date of the re- ‘‘(A) IN GENERAL.—A review or investigation son engaged in interstate commerce in the ceipt of written notice under subparagraph (C) under this subsection of a covered transaction United States. by the Chairperson of the Committee, or the shall not be treated as final or complete until ‘‘(4) FOREIGN GOVERNMENT-CONTROLLED date of the initiation of the review in accord- the results of such review or investigation are TRANSACTION.—The term ‘foreign government- ance with a motion under subparagraph (D). approved by a majority of the members of the controlled transaction’ means any covered ‘‘(F) LIMIT ON DELEGATION OF CERTAIN AU- Committee in a roll call vote and signed by the transaction that could result in the control of THORITY.—The authority of the Committee or Secretary of the Treasury, the Secretary of any person engaged in interstate commerce in any member of the Committee to initiate a re- Homeland Security, and the Secretary of Com- the United States by a foreign government or an view under subparagraph (D) may not be dele- merce (and such authority of each such Sec- entity controlled by or acting on behalf of a for- gated to any person other than the Deputy Sec- retary may not be delegated to any person other eign government. retary or an appropriate Under Secretary of the than the Deputy Secretary or an appropriate ‘‘(5) CLARIFICATION.—The term ‘national se- department or agency represented on the com- Under Secretary of the Treasury, of Homeland curity’ shall be construed so as to include those mittee or by such member (or by a person hold- Security, or of Commerce, respectively). issues relating to ‘homeland security’, including ing an equivalent position to a Deputy Sec- ‘‘(B) ADDITIONAL ACTION REQUIRED IN CERTAIN its application to critical infrastructure. retary or Under Secretary). CASES.—In the case of any roll call vote pursu- ‘‘(b) NATIONAL SECURITY REVIEWS AND INVES- ‘‘(2) NATIONAL SECURITY INVESTIGATIONS.— ant to subparagraph (A) in connection with an TIGATIONS.— ‘‘(A) IN GENERAL.—In each case in which— investigation under paragraph (2) of any for- ‘‘(1) NATIONAL SECURITY REVIEWS.— ‘‘(i) a review of a covered transaction under eign government-controlled transaction in ‘‘(A) IN GENERAL.—Upon receiving written no- paragraph (1) results in a determination that— which there is at least 1 vote by a Committee tification under subparagraph (C) of any cov- ‘‘(I) the transaction threatens to impair the member against approving the transaction, the ered transaction, or on a motion made under national security of the United States and that investigation shall not be treated as final or subparagraph (D) with respect to any covered threat has not been mitigated during or prior to complete until the findings and report resulting transaction, the President, acting through the the review of a covered transaction under para- from such investigation are signed by the Presi- Committee, shall review the covered transaction graph (1); or dent (in addition to the Chairperson and the to determine the effects of the transaction on ‘‘(II) the transaction is a foreign government- Vice Chairpersons of the Committee under sub- the national security of the United States. controlled transaction; paragraph (A)).

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‘‘(C) PRESIDENTIAL ACTION REQUIRED IN CER- ‘‘(A) The Secretary of the Treasury. ‘‘(6) whether the covered transaction has a se- TAIN CASES.—In the case of any covered trans- ‘‘(B) The Secretary of Homeland Security. curity-related impact on critical infrastructure action in which any party to the transaction ‘‘(C) The Secretary of Commerce. in the United States; is— ‘‘(D) The Secretary of Defense. ‘‘(7) whether the covered transaction is a for- ‘‘(i) a person of a country the government of ‘‘(E) The Secretary of State. eign government-controlled transaction; and which the Secretary of State has determined, for ‘‘(F) The Attorney General. ‘‘(8) such other factors as the President or the purposes of section 6(j) of the Export Adminis- ‘‘(G) The Secretary of Energy. President’s designee may determine to be appro- tration Act of 1979 (as continued in effect pursu- ‘‘(H) The Chairman of the Council of Eco- priate, generally or in connection with a specific ant to the International Emergency Economic nomic Advisors. review or investigation.’’. Powers Act), section 40 of the Arms Export Con- ‘‘(I) The United States Trade Representative. SEC. 5. NONWAIVER OF SOVEREIGN IMMUNITY. trol Act, section 620A of the Foreign Assistance ‘‘(J) The Director of the Office of Management Section 721(d) of the Defense Production Act Act of 1961, or other provision of law, is a gov- and Budget. of 1950 (50 U.S.C. App. 2170(d)) is amended by ernment that has repeatedly provided support ‘‘(K) The Director of the National Economic adding at the end the following new sentence: for acts of international terrorism; Council. ‘‘The United States shall not be held liable for ‘‘(ii) a government described in clause (i); or ‘‘(L) The Director of the Office of Science and any losses or other expenses incurred by any ‘‘(iii) person controlled, directly or indirectly, Technology Policy. party to a covered transaction as a result of ac- by any such government, ‘‘(M) The President’s Assistant for National tions taken under this section after a covered a review or investigation under this subsection Security Affairs. transaction has been consummated if the party ‘‘(N) Any other designee of the President from of such covered transaction shall not be treated did not submit a written notice of the trans- the Executive Office of the President. as final or complete until the results of such re- action to the Chairperson of the Committee ‘‘(3) CHAIRPERSON; VICE CHAIRPERSONS.—The view or investigation are approved and signed under subsection (b)(1)(C) or did not wait until Secretary of the Treasury shall be the Chair- by the President. the completion of any review or investigation person of the Committee. The Secretary of ‘‘(4) ANALYSIS BY DIRECTOR OF NATIONAL IN- under subsection (b), or the end of the 15-day Homeland Security and the Secretary of Com- TELLIGENCE.— period referred to in this subsection, before con- merce shall be the Vice Chairpersons of the ‘‘(A) IN GENERAL.—The Director of National summating the transaction.’’. Committee. Intelligence shall expeditiously carry out a thor- SEC. 6. MITIGATION, TRACKING, AND POST-CON- ‘‘(4) OTHER MEMBERS.—Subject to subsection ough analysis of any threat to the national se- SUMMATION MONITORING AND EN- curity of the United States of any covered trans- (b)(4)(B), the Chairperson of the Committee FORCEMENT. action, including making requests for informa- shall involve the heads of such other Federal Section 721 of the Defense Production Act of tion to the Director of the Office of Foreign As- departments, agencies, and independent estab- 1950 (50 U.S.C. App. 2170) is amended by insert- sets Control within the Department of the lishments in any review or investigation under ing after subsection (k) (as amended by section Treasury and the Director of the Financial subsection (b) as the Chairperson, after con- 3 of this Act) the following new subsection: Crimes Enforcement Network. The Director of sulting with the Vice Chairpersons, determines ‘‘(l) MITIGATION, TRACKING, AND National Intelligence also shall seek and incor- to be appropriate on the basis of the facts and POSTCONSUMMATION MONITORING AND ENFORCE- porate the views of all affected or appropriate circumstances of the transaction under inves- MENT.— intelligence agencies. tigation (or the designee of any such department ‘‘(1) MITIGATION.— ‘‘(B) TIMING.—The Director of National Intel- or agency head). ‘‘(A) IN GENERAL.—The Committee or any ligence shall be provided adequate time to com- ‘‘(5) MEETINGS.—The Committee shall meet agency designated by the Chairperson and Vice plete the analysis required under subparagraph upon the direction of the President or upon the Chairpersons may, on behalf of the Committee, (A), including any instance described in para- call of the Chairperson of the Committee with- negotiate, enter into or impose, and enforce any graph (2)(A)(iii). out regard to section 552b of title 5, United agreement or condition with any party to a cov- ‘‘(C) INDEPENDENT ROLE OF DIRECTOR.—The States Code (if otherwise applicable). ered transaction in order to mitigate any threat Director of National Intelligence shall not be a ‘‘(6) COLLECTION OF EVIDENCE.—Subject to to the national security of the United States member of the Committee and shall serve no pol- subsection (c), the Committee may, for the pur- that arises as a result of the transaction. icy role with the Committee other than to pro- pose of carrying out this section— ‘‘(B) RISK-BASED ANALYSIS REQUIRED.—Any vide analysis under subparagraph (A) in con- ‘‘(A) sit and act at such times and places, take agreement entered into or condition imposed nection with a covered transaction. such testimony, receive such evidence, admin- under subparagraph (A) shall be based on a ‘‘(5) SUBMISSION OF ADDITIONAL INFORMA- ister such oaths; and risk-based analysis of the threat to national se- TION.—No provision of this subsection shall be ‘‘(B) require the attendance and testimony of curity of the covered transaction. construed as prohibiting any party to a covered such witnesses and the production of such ‘‘(2) TRACKING AUTHORITY FOR WITHDRAWN transaction from submitting additional informa- books, records, correspondence, memoranda, pa- NOTICES.— tion concerning the transaction, including any pers, and documents as the Chairperson of the ‘‘(A) IN GENERAL.—If any written notice of a proposed restructuring of the transaction or any Committee may determine advisable. covered transaction that was submitted to the modifications to any agreements in connection ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— Committee under this section is withdrawn be- with the transaction, while any review or inves- There are authorized to be appropriated to the fore any review or investigation by the Com- tigation of the transaction is on-going. Secretary of the Treasury for each of fiscal mittee under subsection (b) is completed, the ‘‘(6) REGULATIONS.—Regulations prescribed years 2008, 2009, 2010, and 2011 expressly and Committee shall establish, as appropriate— under this section shall include standard proce- solely for the operations of the Committee that ‘‘(i) interim protections to address specific dures for— are conducted by the Secretary, the sum of concerns with such transaction that have been ‘‘(A) submitting any notice of a proposed or $10,000,000.’’. raised in connection with any such review or in- pending covered transaction to the Committee; (b) TECHNICAL AND CONFORMING AMEND- vestigation pending any resubmission of any ‘‘(B) submitting a request to withdraw a pro- MENT.—The first sentence of section 721(c) of the written notice under this section with respect to posed or pending covered transaction from re- Defense Production Act of 1950 (50 U.S.C. App. such transaction and further action by the view; and 2170(c)) is amended— President under this section; ‘‘(C) resubmitting a notice of proposed or (1) by striking ‘‘material filed with’’ and in- ‘‘(ii) specific timeframes for resubmitting any pending covered transaction that was previously serting ‘‘material, including proprietary busi- such written notice; and withdrawn from review.’’. ness information, filed with, or testimony pre- ‘‘(iii) a process for tracking any actions that SEC. 3. STATUTORY ESTABLISHMENT OF THE sented to,’’; and may be taken by any party to the transaction, COMMITTEE ON FOREIGN INVEST- (2) by striking ‘‘or documentary material’’ the in connection with the transaction, before the MENT IN THE UNITED STATES. second place such term appears and inserting ‘‘, notice referred to in clause (ii) is resubmitted. (a) IN GENERAL.—Section 721 of the Defense documentary material, or testimony’’. ‘‘(B) DESIGNATION OF AGENCY.—The Com- Production Act of 1950 (50 U.S.C. App. 2170) is SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE mittee may designate 1 or more appropriate Fed- amended by striking subsection (k) and insert- CONSIDERED. eral departments or agencies, other than any ing the following new subsection: Section 721(f) of the Defense Production Act entity of the intelligence community (as defined ‘‘(k) COMMITTEE ON FOREIGN INVESTMENT IN of 1950 (50 U.S.C. App. 2170(f)) is amended— in the National Security Act of 1947), as a lead THE UNITED STATES.— (1) in the matter preceding paragraph (1)— agency to carry out, on behalf of the Committee, ‘‘(1) ESTABLISHMENT.—The Committee on For- (A) by striking ‘‘may’’ and inserting ‘‘shall’’; the requirements of subparagraph (A) with re- eign Investment in the United States established and spect to any covered transaction that is subject pursuant to Executive Order No. 11858 shall be (B) by striking ‘‘among other factors’’; to such subparagraph. a multi-agency committee to carry out this sec- (2) by striking ‘‘and’’ at the end of paragraph ‘‘(3) NEGOTIATION, MODIFICATION, MONI- tion and such other assignments as the Presi- (4); TORING, AND ENFORCEMENT.— dent may designate. (3) by striking the period at the end of para- ‘‘(A) DESIGNATION OF AGENCY.—The Com- ‘‘(2) MEMBERSHIP.—The Committee shall be graph (5) and inserting a semicolon; and mittee shall designate 1 or more Federal depart- comprised of the following members or the des- (4) by adding at the end the following new ments or agencies as the lead agency to nego- ignee of any such member: paragraphs: tiate, modify, monitor, and enforce, on behalf of

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4812 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 the Committee, any agreement entered into or Congress from which any such briefing request tional security or critical infrastructure of the condition imposed under paragraph (1) with re- originates in a secure facility of appropriate size United States that the Committee will take into spect to a covered transaction based on the ex- and location that shall be open only to the Ma- account in its deliberations during the period pertise with and knowledge of the issues related jority Leader and the Minority Leader of the before delivery of the next such report, to the to such transaction on the part of the des- Senate, the Speaker and the Minority Leader of extent possible. ignated department or agency. the House of Representatives, (as the case may ‘‘(3) CONTENTS OF REPORT RELATING TO CRIT- ‘‘(B) REPORTING BY DESIGNATED AGENCY.— be) the chairman and ranking member of each ICAL TECHNOLOGIES.— ‘‘(i) IMPLEMENTATION REPORTS.—Each Federal committee of the House of Representatives or the ‘‘(A) IN GENERAL.—In order to assist the Con- department or agency designated by the Com- Senate (as the case may be) with jurisdiction gress in its oversight responsibilities with respect mittee as a lead agency under subparagraph (A) over any aspect of the covered transaction and to this section, the President and such agencies in connection with any agreement entered into its possible effects on national security, includ- as the President shall designate shall include in or condition imposed under paragraph (1) with ing the Committee on International Relations, the annual report submitted under paragraph respect to a covered transaction shall— the Committee on Financial Services, and the (1) the following: ‘‘(I) provide periodic reports to the Chair- Committee on Energy and Commerce of the ‘‘(i) An evaluation of whether there is credible person and Vice Chairpersons of the Committee House of Representatives, and appropriate staff evidence of a coordinated strategy by 1 or more on the implementation of such agreement or members who have security clearance. countries or companies to acquire United States condition; and ‘‘(2) APPLICATION OF OTHER PROVISION.— companies involved in research, development, or ‘‘(II) require, as appropriate, any party to the ‘‘(A) IN GENERAL.—The disclosure of informa- production of critical technologies for which the covered transaction to report to the head of tion under this subsection shall be consistent United States is a leading producer. such department or agency (or the designee of with the requirements of subsection (c). Mem- ‘‘(ii) An evaluation of whether there are in- such department or agency head) on the imple- bers of Congress and staff of either House or dustrial espionage activities directed or directly mentation or any material change in cir- any committee of the Congress shall be subject assisted by foreign governments against private cumstances. to the same limitations on disclosure of informa- United States companies aimed at obtaining ‘‘(ii) MODIFICATION REPORTS.—Any Federal tion as are applicable under such subsection. commercial secrets related to critical tech- department or agency designated by the Com- ‘‘(B) PROPRIETARY INFORMATION.—Propri- nologies. mittee as a lead agency under subparagraph (A) etary information which can be associated with ‘‘(B) CRITICAL TECHNOLOGIES DEFINED.—For in connection with any agreement entered into a particular party to a covered transaction shall purposes of this paragraph, the term ‘critical or condition imposed with respect to a covered be furnished in accordance with subparagraph technologies’ means technologies identified transaction shall— (A) only to a committee of the Congress and under title VI of the National Science and Tech- ‘‘(I) provide periodic reports to the Chair- only when the committee provides assurances of nology Policy, Organization, and Priorities Act person and Vice Chairpersons of the Committee confidentiality, unless such party otherwise of 1976 or other critical technology, critical com- on any modification to any such agreement or consents in writing to such disclosure.’’. ponents, or critical technology items essential to condition imposed with respect to the trans- (b) ANNUAL REPORT.—Section 721 of the De- national defense or national security identified action; and fense Production Act of 1950 (50 U.S.C. App. pursuant to this section. ‘‘(II) ensure that any significant modification 2170) is amended by inserting after subsection (l) ‘‘(C) RELEASE OF UNCLASSIFIED STUDY.—That to any such agreement or condition is reported (as added by section 6 of this Act) the following portion of the annual report under paragraph to the Director of National Intelligence and to new subsection: (1) that is required by this paragraph may be any other Federal department or agency that ‘‘(m) ANNUAL REPORT TO THE CONGRESS.— classified. An unclassified version of that por- may have a material interest in such modifica- ‘‘(1) IN GENERAL.—The Chairperson of the tion of the report shall be made available to the tion.’’. Committee shall transmit a report to the chair- public.’’. man and ranking member of each committee of (c) STUDY AND REPORT.— SEC. 7. INCREASED OVERSIGHT BY THE CON- the House of Representatives and the Senate GRESS. (1) STUDY REQUIRED.—Before the end of the with jurisdiction over any aspect of the report, (a) REPORT ON ACTIONS.—Section 721(g) of the 120-day period beginning on the date of the en- including the Committee on International Rela- Defense Production Act of 1950 (50 U.S.C. App. actment of this Act, the Secretary of the Treas- tions, the Committee on Financial Services, and 2170) is amended to read as follows: ury, in consultation with the Secretary of State the Committee on Energy and Commerce of the ‘‘(g) REPORTS TO THE CONGRESS.— and the Secretary of Commerce, shall conduct a House of Representatives, before July 31 of each ‘‘(1) REPORTS ON COMPLETED COMMITTEE IN- study on investments in the United States, espe- year on all the reviews and investigations of VESTIGATIONS.— cially investments in critical infrastructure and covered transactions completed under subsection ‘‘(A) IN GENERAL.—Not later than 5 days after industries affecting national security, by— (b) during the 12-month period covered by the the completion of a Committee investigation of a (A) foreign governments, entities controlled by report. covered transaction under subsection (b)(2), or, or acting on behalf of a foreign government, or ‘‘(2) CONTENTS OF REPORT RELATING TO COV- if the President indicates an intent to take any persons of foreign countries which comply with ERED TRANSACTIONS.—The report under para- action authorized under subsection (d) with re- any boycott of Israel; or graph (1) shall contain the following informa- spect to the transaction, after the end of 15-day (B) foreign governments, entities controlled by tion with respect to each covered transaction: or acting on behalf of a foreign government, or period referred to in subsection (d), the Chair- ‘‘(A) A list of all notices filed and all reviews persons of foreign countries which do not ban person or a Vice Chairperson of the Committee or investigations completed during the period organizations designated by the Secretary of shall submit a written report on the findings or with basic information on each party to the State as foreign terrorist organizations. actions of the Committee with respect to such transaction, the nature of the business activities (2) REPORT.—Before the end of the 30-day pe- investigation, the determination of whether or or products of all pertinent persons, along with riod beginning upon completion of the study not to take action under subsection (d), an ex- information about the status of the review or in- under paragraph (1) or in the next annual re- planation of the findings under subsection (e), vestigation, information on any withdrawal port under section 721(m) of the Defense Pro- and the factors considered under subsection (f), from the process, any rollcall votes by the Com- duction Act of 1950 (as added by subsection (b)), with respect to such transaction, to— mittee under this section, any extension of time the Secretary of the Treasury shall submit a re- ‘‘(i) the Majority Leader and the Minority for any investigation, and any presidential deci- port to the Congress, for transmittal to all ap- Leader of the Senate; sion or action under this section. ‘‘(ii) the Speaker and the Minority Leader of ‘‘(B) Specific, cumulative, and, as appro- propriate committees of the Senate and the the House of Representatives; and priate, trend information on the numbers of fil- House of Representatives, containing the find- ‘‘(iii) the chairman and ranking member of ings, investigations, withdrawals, and presi- ings and conclusions of the Secretary with re- each committee of the House of Representatives dential decisions or actions under this section. spect to the study, together with an analysis of and the Senate with jurisdiction over any aspect ‘‘(C) Cumulative and, as appropriate, trend the effects of such investment on the national of the covered transaction and its possible ef- information on the business sectors involved in security of the United States and on any efforts fects on national security, including the Com- the filings which have been made, and the coun- to address those effects. mittee on Foreign Affairs, the Committee on Fi- tries from which the investments have origi- SEC. 8. CERTIFICATION OF NOTICES AND ASSUR- nancial Services, and the Committee on Energy nated. ANCES. and Commerce of the House of Representatives. ‘‘(D) Information on whether companies that Section 721 of the Defense Production Act of ‘‘(B) NOTICE AND BRIEFING REQUIREMENT.—If withdrew notices to the Committee in accord- 1950 (50 U.S.C. App. 2170) is amended by insert- a written request for a briefing on a covered ance with subsection (b)(1)(C)(ii) have later re- ing after subsection (m) (as added by section transaction is submitted to the Committee by filed such notices, or, alternatively, abandoned 7(b) of this Act) the following new subsection: any Senator or Member of Congress who re- the transaction. ‘‘(n) CERTIFICATION OF NOTICES AND ASSUR- ceives a report on the transaction under sub- ‘‘(E) The types of security arrangements and ANCES.—Each notice required to be submitted, paragraph (A), the Chairperson or a Vice Chair- conditions the Committee has used to mitigate by a party to a covered transaction, to the person (or such other person as the Chairperson national security concerns about a transaction. President or the President’s designee under this or a Vice Chairperson may designate) shall pro- ‘‘(F) A detailed discussion of all perceived ad- section and regulations prescribed under such vide 1 classified briefing to each House of the verse effects of covered transactions on the na- section, and any information submitted by any

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4813 such party in connection with any action for ‘‘(II) placing unnecessary burdens on a Committee, correctly pointed out that which a report is required pursuant to para- party to a covered transaction.’’. the bill had stricken a report from the graph (3)(B)(ii) of subsection (l) with respect to Page 25, line 6, insert ‘‘, at a minimum,’’ Inspector General during our markup. the implementation of any mitigation agreement after ‘‘including’’. He believed, and his committee be- or condition described in paragraph (1)(A) of Page 25, line 12, insert ‘‘, or on compliance such subsection, or any material change in cir- with a mitigation agreement or condition lieved this is important to reinsert, we cumstances, shall be accompanied by a written imposed with respect to such transaction,’’ agree, and it is reinserted. The gen- statement by the chief executive officer or the after ‘‘covered transaction’’. tleman from California, the chairman designee of the person required to submit such Page 26, beginning on line 5, strike ‘‘the of the IR Foreign Affairs Committee, notice or information certifying that, to the best Committee on International Relations’’ and moved that we make the one-time re- of the person’s knowledge and belief— insert ‘‘, at a minimum, the Committee on port on how people deal with the Israel ‘‘(1) the notice or information submitted fully Foreign Affairs’’. boycott an annual report, and that has complies with the requirements of this section or Page 27, beginning on line 10, strike ‘‘the such regulation, agreement, or condition; and been done. So these are seven amend- Committee on International Relations’’ and ments that we have incorporated, all of ‘‘(2) the notice or information is accurate and insert ‘‘, at a minimum, the Committee on complete in all material respects.’’. Foreign Affairs’’. them recommended by three other SEC. 9. REGULATIONS. Page 28, line 23, insert ‘‘, including a dis- committees of jurisdiction. They are Section 721(h) of the Defense Production Act cussion of the methods the Committee and supported on both sides. We believe of 1950 (50 U.S.C. App. 2170(h)) is amended to any lead departments or agencies designated they enhance the bill. And I hope they read as follows: under subsection (l) are using to determine are adopted en banc as one amendment. ‘‘(h) REGULATIONS.—The President shall di- compliance with such arrangements or con- Mr. BACHUS. Mr. Chairman, I move rect the issuance of regulations to carry out this ditions’’ before the period. section. Such regulations shall, to the extent to strike the last word. Page 30, line 21, insert ‘‘and annually Mr. Chairman, I want to commend possible, minimize paperwork burdens and shall thereafter’’ after ‘‘of this Act’’. to the extent possible coordinate reporting re- Page 31, line 13, strike ‘‘completion of the Chairman FRANK for the manager’s quirements under this section with reporting re- study’’ and insert ‘‘completion of each amendment. It makes a number of quirements under any other provision of Federal study’’. changes to the bill that was passed law.’’. Page 31, line 21, insert ‘‘described in para- unanimously by the Financial Services SEC. 10. EFFECT ON OTHER LAW. graph (1)’’ after ‘‘to the study’’. Committee 2 weeks ago. Section 721(i) of the Defense Production Act of Page 31, after line 24, insert the following Formerly, I thanked Mr. BLUNT and 1950 (50 U.S.C. App. 2170(i)) is amended to read new subsection: as follows: Ms. PRYCE for their leadership on the (d) INVESTIGATION BY INSPECTOR GEN- bill. I omitted at that time to include ‘‘(i) EFFECT ON OTHER LAW.—No provision of ERAL.— ALO this section shall be construed as altering or af- (1) IN GENERAL.—The Inspector General of the lady from New York (Mrs. M - fecting any other authority, process, regulation, the Department of the Treasury shall con- NEY) who obviously has been a key investigation, enforcement measure, or review duct an independent investigation to deter- Member in maintaining this legislation provided by or established under any other pro- mine all of the facts and circumstances con- in a proinvestment stance and ensuring vision of Federal law, including the Inter- cerning each failure of the Department of that flows of capital investment are national Emergency Economic Powers Act, or the Treasury to make any report to the Con- not restricted. So I thank her. any other authority of the President or the Con- gress that was required under section 721(k) gress under the Constitution of the United As I said, the manager’s amendment of the Defense Production Act of 1950 (as in makes several key changes to the leg- States.’’. effect before the date of the enactment of SEC. 11. EFFECTIVE DATE. this Act). islation we passed 2 weeks ago, and The amendments made by this Act shall apply (2) REPORT TO THE CONGRESS.—Before the they are all designed to clarify existing after the end of the 90-day period beginning on end of the 270-day period beginning on the provisions. They are made at the sug- the date of the enactment of this Act. date of the enactment of this Act, the In- gestion, as the chairman said, of the AMENDMENT NO. 3 OFFERED BY MR. FRANK OF spector General of the Department of the gentleman from California (Mr. HUN- MASSACHUSETTS Treasury shall submit a report to the chair- TER) with the consent, cooperation, and Mr. FRANK of Massachusetts. Mr. man and ranking member of each committee assistance of the chairman of that of the House of Representatives and the Sen- Chairman, I offer the manager’s committee, Chairman SKELTON. They ate with jurisdiction over any aspect of the amendment to the bill. report, including, at a minimum, the Com- dramatically strengthen both the way The CHAIRMAN. The Clerk will des- mittee on Foreign Affairs, the Committee on CFIUS assures itself that companies ignate the amendment. Financial Services, and the Committee on are complying with mitigation agree- The text of the amendment is as fol- Energy and Commerce of the House of Rep- ments imposed as a condition of per- lows: resentatives, on the investigation under mitting a transaction and the way that Amendment No. 3 offered by Mr. FRANK of paragraph (1) containing the findings and CFIUS assures Congress that it is stay- Massachusetts: conclusions of the Inspector General. ing on top of compliance. Page 20, line 12, insert ‘‘, conducted by the Mr. FRANK of Massachusetts. Mr. Every single one of these changes is Committee,’’ after ‘‘analysis’’. Chairman, this is a compendium of Page 22, line 17, strike ‘‘provide periodic designed to protect national security, amendments that came from some of and it is a significant strengthening of reports’’ and insert ‘‘report, as appropriate our sister and fellow committees. The but not less than once in each 6-month pe- the bill for which we all can thank Mr. riod,’’. Chair and ranking member of the HUNTER and Chairman SKELTON. Page 23, line 23, strike the closing Armed Services Committee, the gen- Mr. Chairman, I urge strong support quotation marks and the 2nd period. tleman from Missouri, the gentleman for the passage of the amendment. Page 23, after line 23, insert the following from California, collaborated on some new clause: language. They, for instance, have ‘‘(iii) COMPLIANCE.—The Committee shall noted that when we say periodic re- b 1145 develop and agree upon methods for evalu- ports, that means not less than every 6 The CHAIRMAN. The question is on ating compliance with any agreement en- the amendment offered by the gen- tered into or condition imposed with respect months. It also clarifies that CFIUS to a covered transaction that will allow the will report to any committee having tleman from Massachusetts (Mr. Committee to adequately assure compliance jurisdiction over any aspect of the FRANK). without— transaction, not just the named com- The amendment was agreed to. ‘‘(I) unnecessarily diverting Committee re- mittees. And at the insistence of the AMENDMENT NO. 4 OFFERED BY MR. KING OF sources from assessing any new covered gentleman from Missouri, which we IOWA transaction for which a written notice has agreed with, it says that if there are Mr. KING of Iowa. Mr. Chairman, I been filed pursuant to subsection (b)(1)(C), risk analysis performed by mitigation offer an amendment. and if necessary reaching a mitigation agree- ment with or imposing a condition on a agreement, they will be performed by The CHAIRMAN. The Clerk will des- party to such covered transaction or any CFIUS. ignate the amendment. covered transaction for which a review has The gentleman from Michigan, the The text of the amendment is as fol- been reopened for any reason; or Chair of the Energy and Commerce lows:

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4814 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 Amendment No. 4 offered by Mr. KING of across the border. There has been some The CHAIRMAN. The question is on Iowa: effectiveness there, but we know the the amendment offered by the gen- Page 18, after line 20, insert the following DEA has some numbers that also are tleman from Iowa (Mr. KING). new paragraph (and redesignate subsequent paragraphs accordingly): shocking and might have a little dif- The amendment was agreed to. ‘‘(7) the potential effects of the covered ferent sense of proportionality. Mr. CROWLEY. Mr. Chairman, I rise transaction on the efforts of the United But not surprisingly, the commission to strike the last word. States to curtail human smuggling (and such also stated that smuggling of illegal I thank the gentleman from Arizona term, for purposes of this paragraph, means aliens is a problem, and those same 12 for yielding me this time, and I want to any act constituting a violation of section ports in that period of time, 1,187 stow- thank my good friend from Massachu- 274(a) of the Immigration and Nationality aways and 247 individual fraudulent setts, the Chair of the Financial Serv- Act) and to curtail drug smuggling with re- documents arrived aboard sea vessels. ices Committee, Mr. FRANK, for bring- gard to any country which is not described This is something that needs to be fo- ing this legislation before us today. in paragraphs (1) and (2) of section 1003(a) of the Controlled Substances Import and Ex- cused on by the President, and that is In particular, I want to thank my port Act.’’. just those that were caught. colleague and friend from New York, Of the many threats that face the Mr. KING of Iowa. Mr. Chairman, I CAROLYN MALONEY, who has done an United States in the global war on ter- bring an, actually, very simple amend- outstanding job in moving this bill so ror, we must closely evaluate every ment to the floor here. What it does is quickly through the House this year, merger, every acquisition and every it just adds to the list of the issues through the committee, and now to the takeover that could put our country at that shall be considered by the Presi- floor. CAROLYN, as myself, being from risk, and especially those through drug dent when considering one of the cov- New York City, understands a number and human smuggling and especially in ered transactions. The simple language of issues as they come together here on out of the amendment is that the this time when we are faced with this this particular issue, that is, the need President shall consider the potential global war on terror. to make sure that our country is se- This amendment, I think, is an effects of the covered transaction on cure from the interests of terror, and, amendment that improves the bill. I the efforts of the United States to cur- at the same time, wanting to ensure support the underlying bill, and I ap- tail human smuggling and to curtail that our country is open to direct for- preciate the work that is done on the drug smuggling. It covers a focus on eign investment. part of the Finance Committee and on human smuggling and drug smuggling. Direct foreign investment is for two I support the underlying bill, and I the part of the chairman and the rank- reasons, one, because it is good for recognize the important role played by ing member. America, it is good for New York, it is Mr. FRANK of Massachusetts. Mr. the Committee on Foreign Investment good for America. But also what we do Chairman, I move to strike the req- in the United States in protecting the here in the House of Representatives, American people and the security in- uisite number of words. Mr. Chairman, sometimes people get and how we transform and change the terests of the United States. CFIUS process, if we don’t do it quick- One important piece of this legisla- up in the legislative body and say, Mr. Chairman, I am opposed to this amend- ly and do it properly it can be recip- tion will require the President to con- rocated in other parts of the world sider certain factors relating to na- ment because it is unnecessary. It has been my experience that no against the interests of American cor- tional security when deciding whether porations. to prohibit the acquisitions, mergers or one who says that is ever telling the truth. That is, no one opposes an I also want to thank my good friend takeovers that this legislation is in- and colleague on the other side of the tended to scrutinize. amendment simply because it is unnec- essary or superfluous or redundant. aisle, Mr. BLUNT, a gentleman with The provisions of the bill provide the whom I had an opportunity to work President with good criteria to use Many us are lawyers. We are in the most redundancy-prone profession in with last year on this very similar leg- when deciding what actions should be islation, as well as Representative taken to halt a merger acquisition, but the world. We rarely use one word PRYCE, for their hard work in ensuring it does not go quite far enough. where we can use two, lewd and lasciv- that this bill came to the floor in such Mr. Chairman, my amendment of this ious, although I do not suggest that bill would add a simple and straight- this amendment is either. a fashion. I have to harken back to last year forward requirement to the subject I say that because I do not think this just momentarily, and that is when we matter of things that the President amendment is necessary. I don’t think should take into consideration when it adds a great deal, and I support it. look at the overall issue of what making these decisions. My amend- That is, it does not detract. brought this legislation to the floor ment would require that the President The reason I say that is I do not right now, we have to understand the consider the potential effects of the think that an administration that was historical context that brought this transaction on our work to stop human cognizant of these elements would have legislation to the floor. What happened smuggling and drug smuggling. excluded them. The only reason I rise last year, what I call the Dubai Ports This bill rightfully calls for the to say that is this, and I hope we will debacle, in the administration’s inabil- President to consider important fac- adopt the amendment, but I wouldn’t ity to explain to the American people tors relating to our national security, want us to set a precedent that if a fac- just what was happening and why it but it doesn’t make any mention of the tor was not specifically enumerated, it was in the interests of the United two important national security issues was not to be taken into account. States to walk softly here. that threaten the United States, and This enumerates factors that clearly But we have come a long ways since we face it every day, and that is human should be taken into account, and I then. Last year, in a very politically smuggling and drug smuggling. will therefore be supportive. I just contentious year, we would have passed To give us some background, in the want to make clear there is a Latin unanimously out of committee very year 2000, the Interagency Commission maxim, and my English does not al- similar legislation as we have on the on Crime and Security in U.S. Sea- ways translate well over this micro- floor today and then passed unani- ports, reported that of the 12 major phone, so I won’t try Latin, but it is mously out of the House that legisla- U.S. seaports that it visited, narcotics when you specify one, you exclude the tion, again, in a very hotly contested seized in commercial shipments at the others. I just want to make clear that political year. 12 ports constituted 69 percent of the this is not a precedent for that. But this issue did not fade away be- total weight of cocaine, 55 percent of The fact that we are specifically here cause we failed to reach an agreement the marijuana and 12 percent of the singling these out, I am sure the gen- with the Senate last year and were heroin seized at U.S. borders. tleman from Iowa agrees, does not, in never able to codify into law the Now that is the amount seized, not any way, denigrate the importance of CFIUS process, which was an executive necessarily the amount that crosses other factors not mentioned. order put into place in the early 1970s

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4815 that has been amended several times, tisan effort for many of us in the b 1200 but never codified in a way which Mr. Chamber. It does this in a couple of ways. FRANK wishes to do today, which I September 11 fundamentally changed First, it reaffirms congressional intent would certainly wholeheartedly sup- the way we looked at the world. It also relating to the so-called Byrd rule, port. changed a number of important and which mandates a 45-day investigation This bill is a good jobs bill, it is pro- substantive ways the way we defend for companies controlled by foreign business and it is pro-labor. That is against and react to things that could governments. Any state-owned enter- why I want to support this bill. This happen that would be unthinkable. It prise that poses any type of security bill is about keeping the flow in foreign was really within the context of that risk will trigger an automatic CFIUS investment coming into the United change of rural view that Americans investigation. States and not driving these funds and expressed the outrage they did over the Secondly, it increases accountability subsequent jobs out of the United Dubai Ports World deal last year. in the CFIUS process by establishing States. The Committee on Foreign Invest- CFIUS in statute and adding the De- But H.R. 556 includes new tough safe- ment in the United States, a previously partment of Homeland Security and guards put in place to ensure the secu- obscure government agency, known to the Department of Commerce as vice rity of America first. This entire legis- some and referred to in some debate, chairs of the committee. lative initiative, which has been pur- often referred to as CFIUS, approved Third, our bill greatly expands con- sued in a bipartisan fashion, is the re- that acquisition, and it didn’t take gressional oversight and includes im- sult of the botched handling, again, of long for the committee to attract all portant language protecting propri- the Dubai Ports deal. That transaction sorts of critical attention. etary business information. involved a government-owned company The reason for all the concern is that The administration has raised some from Dubai buying into various port the CFIUS decision brought to light concerns regarding how these things assets here in the United States. some very serious national security will impact the process operationally. I As a result, a significant and appro- issues with equally serious implica- look forward to working with the ad- priate focus of the committee’s work tions for the safety and protection of ministration as we move forward to has been to toughen the scrutiny for vital points of the American infra- achieve our shared goal of creating a acquisition by government-owned com- structure. reasonable framework for approving Thankfully, as the Congress set last panies, since some government-owned foreign investments in the United year to consider ways to shore up secu- companies will make decisions based States, while at the same time pro- rity protocols over at CFIUS, we found on government interests and not mere- tecting our national security and en- ourselves agreeing that any reform of ly on commercial interests. suring that the mistakes of the Dubai CFIUS ought to take great care to both No job, no deal, no transaction, is Ports situation are not repeated. encourage foreign investment in the fu- worth threatening the safety of Ameri- The other thing we don’t want to do ture of America while balancing the cans, and this bill puts those condi- also is make it so hard to invest in this need to maintain a strong program of tions in place. country that American businesses national security. We can, as this bill We all know this to be true, but, aren’t able to invest in other countries. does, protect America’s families phys- again, being from New York, it is even We don’t want to start an investment ically while protecting their jobs, their more true. This bill will provide strong war, and this bill clearly is headed in investments, and their pension plans. new safeguards to ensure our Nation’s the right direction to do the things it Congress has no more important re- security and to protect our critical in- needs to do. We are fortunate to have sponsibility than to ensure the secu- frastructure but also continues to give the bill on the floor. CFIUS the flexibility to exercise dis- rity of the Nation. But I don’t believe Congresswomen PRYCE and MALONEY, cretion, allows CFIUS to focus on the that wholesale protectionism either Congressmen FRANK, BACHUS, CROW- deals that raise real national security protects our vital national security in- LEY, KING, HOEKSTRA and BARTON have terest or advances our economic inter- issues and not get bogged down into all been instrumental in coming with a est in the world. those deals with no national security bill that doesn’t just respond to the ex- During the last Congress, Congress- ramifications whatsoever. citement of the moment, but reaches a This is a good bill protecting na- woman PRYCE, Congresswoman MALO- long-term conclusion that protects tional security, guaranteeing the con- NEY, Congressman CROWLEY and I craft- Americans and also protects the value tinued flow of direct foreign invest- ed a responsible bipartisan bill that ad- of American companies. I am pleased ment in the U.S. and ensure we will not dressed the problems exposed in the to support it. have a Dubai Ports debacle. CFIUS process during the Dubai Ports AMENDMENT NO. 12 OFFERED BY MR. BARROW I therefore urge my colleagues to World incident. Congressman FRANK support this very worthy piece of legis- and Congressman BACHUS helped to see Mr. BARROW. Mr. Chairman, I offer lation. Again, I want to thank the that we got that debate on the floor an amendment. Chair of the committee, the ranking and have done so much to see that we The CHAIRMAN. The Clerk will des- member for bringing this bill, Mr. bring that debate back. ignate the amendment. BACHUS, for bringing this bill so quick- While the bill we passed didn’t have a The text of the amendment is as fol- ly to the floor; the gentlelady from single dissenting vote, even though we lows: New York, once again, CAROLYN MALO- asked for and had a roll call, we Amendment No. 12 offered by Mr. BARROW: NEY, for all of her work on this issue; weren’t able to resolve our differences Page 24, line 26, strike ‘‘and’’ after the my good friend, the minority whip, Mr. with the other body before the end of semicolon. the Congress, and so we didn’t get that Page 25, line 9, strike the period at the end BLUNT, for his work, as well as Rep- and insert ‘‘; and’’. resentative PRYCE. bill done. Today we come back with es- Page 25, after line 9, insert the following This truly is a bipartisan piece of leg- sentially an identical bill, I think new clause: islation and deserves every Member’s slightly improved, that Congress- ‘‘(iv) Senators representing States and support. woman MALONEY was the principal Members of Congress representing congres- Mr. BLUNT. Mr. Chairman, I move to sponsor of. Our goal is to strike the sional districts that would be significantly strike the last word. right balance here between securing affected by the covered transaction.’’. I thank the gentleman for the time, the country and open engagement in a Mr. BARROW. Mr. Chairman, it is and I am particularly pleased to follow global economy. long past time to fix what is broke my good friend, Mr. CROWLEY, at this The bill before us today accomplishes with the CFIUS process, and I want to moment in the debate. I want to recog- these objectives while dealing with the commend all involved in bringing us nize others later, but he and others, as main issues the Dubai Ports World in- thus far on the project. I want to thank he just said, made this a real bipar- cident exposed. Mrs. MALONEY and Mr. FRANK and the

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4816 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 Financial Services Committee for their agreed to offer it, no one can say that would affect the investments examined work in bringing this important legis- this is the kind of amendment that by CFIUS. lation to the floor. might jeopardize the investment. Noth- And while I support the underlying Last year, in response to the Dubai ing in here would in any way lead to an bill, this amendment improves on the business, we had sort of a reprise of the investment not going forward. This is oversight requirements included in it. Dubai business in my district. We had postapproval. If there is disapproval, It requires the report to include infor- yet another CFIUS deal that actually then the issue doesn’t arise. mation on how taxation affects foreign came to public light, the Doncaster’s What this does is, and we have all investment in the United States. Con- deal that affected a plant and a busi- agreed that it is important to be able gress will be better informed on how ness in my district. In response to the to monitor these arrangements, it lets our actions make it harder or easier for concerns that were swirling then the Member of Congress in whose dis- foreign countries to invest in our crit- around the Dubai business, I intro- trict a transaction took place join in ical infrastructure. duced a bill in the Congress last time, the monitoring. The report is also required in the the Protect America First Act. And I Frankly, I guess as the chairman of text of the bill, and this amendment am pleased to say that the bill before the committee, I get a lot of these re- merely ensures that we, as a Congress, us incorporates many of the basic fea- ports. I want to tell the Members that know all the information we need to tures of the Protect America First Act the extent to which I am personally perform effective and better oversight. that I drafted in the last Congress. going to travel around to these areas The underlying bill is about how for- One important area that I want to and monitor this, I hope no one is rely- eign investment affects national secu- focus on has to do with the subject of ing heavily on that. rity, and there is no way to understand postapproval oversight, the process or On the other hand, knowing that the why foreign investments would be the lack of process under the existing Members in whose districts these are made here, or what it would do to our law whereby Congress knows what is happening are available and then come economy, without understanding the going on as it happens and after it hap- and talk to me, talk to the ranking economic factors such as taxes. pens. Congress has had no effective member and talk to others, I think I ask my colleagues to support this postapproval oversight of the project that improves what we had in there. So amendment and support a thorough re- for the last 14, 16 years, and as a result, I hope the amendment is adopted. port that examines all the factors af- we have had many, many transactions The CHAIRMAN. The question is on fecting foreign investments in the without anybody having any idea what the amendment offered by the gen- United States. is going on. tleman from Georgia (Mr. BARROW). Mr. FRANK of Massachusetts. Mr. Section 7 of the bill before us greatly The amendment was agreed to. Chairman, I move to strike the last addresses that problem by providing AMENDMENT NO. 5 OFFERED BY MR. MCCAUL OF word. some meaningful postapproval over- TEXAS Mr. Chairman, I rise in opposition to sight, the first real, effective oversight Mr. MCCAUL of Texas. Mr. Chair- this amendment and its siblings which that Congress has had in this process man, I offer an amendment. are apparently to follow. since it was launched back in 1988. The CHAIRMAN. The Clerk will des- I gather, I guess, an open rule, we The purpose of my amendment is to ignate the amendment. have had so few of them, people can’t significantly enhance the postapproval The text of the amendment is as fol- resist the temptation to take advan- oversight of Congress by making sure lows: tage of them, even on matters that are that not just folks with the greatest Amendment No. 5 offered by Mr. MCCAUL not relevant to the bill. need to know, but the folks who know of Texas: Now, there is a different between rel- the most about the deals are also pro- Page 30, line 17, strike the closing evance and germaneness. You can vided postapproval oversight. quotation marks and the second period. make a bill germane with a certain My amendment does one thing and Page 30, after line 17, insert the following amount of ingenuity, or an amend- one thing only; it simply expands the new paragraph: ment. But ingenuity does not affect universe of those folks who will be told ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- logic. It only affects parliamentary RIERS TO INVESTMENT INTO THE UNITED what has happened after it has hap- rules. STATES.—In order to assist the Congress in pened, to include the Members of the its oversight role of ensuring the national se- This is a requirement that the ad- United States Senate from the States curity of the United States by ensuring a ministration do a report about tax- affected; and the Members of the healthy investment climate, the President, ation as it affects business. It says, to House, not just the chairmen of the re- and such agencies as the President shall des- be germane to this bill, that it should spective committees, but the Members ignate, shall include in the annual report see how it affects the foreign busi- of the House whose districts include submitted under paragraph (1) a detailed dis- nesses. But, in fact, no one thinks that the businesses and the employees of cussion of factors, including the effective foreign direct investment or foreign- rate of taxation on entrepreneurs and busi- owned businesses are differentially af- the businesses involved. That is the nesses and other sources of capital in the purpose of my amendment. That is all United States as compared to other coun- fected than others. This is a call for an it does. I urge approval of the amend- tries, that affect the number of filings, annual report on the effective taxation ment. changes in the types of business sectors in- on business. Mr. FRANK of Massachusetts. Mr. volved in filings, and changes in the number Apparently the gentleman may think Chairman, I move to strike the last of investments originating from specific that the Council of Economic Advisors word. And I think what the gentleman countries.’’. annual report doesn’t do a very good from Georgia has offered is very con- Mr. MCCAUL of Texas. First, Mr. job. It is the kind of subject that they structive. He called this to my atten- Chairman, I want to commend the are supposed to be talking about. It is tion. I have discussed this with the chairman of the committee and the an effort, I think, to introduce an ideo- ranking member. I certainly believe it ranking member for their important logical debate, which is an entirely le- improves the bill. He pointed out an in- work on this bill. As a member of the gitimate one, into a bill that it really stance where he as a Member in whose Homeland Security Committee, I cer- does not pertain to. district an important transaction took tainly see the importance and value of I can say we have worked closely place had taken initiative and come up what we are doing here today. with the administration. The Treasury, with some information that was di- Mr. Chairman, I rise in support of on behalf of the administration, is not rectly relevant that should have been this amendment which requires the supporting this. They have, in fact, shared. I regard Members as useful Secretary of the Treasury to include in been saying, please keep this to na- input sources here. his reporting information the rate of tional security. Now, again, let’s understand. The taxation in the United States as com- Now, national security, in the CFIUS way this is drafted and the gentleman pared to other countries and how that context, is meant to be clearly defined.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4817 It is possible, of course, to say that ev- I support the underlying bill. This with it, which is why the Treasury erything is national security. Health is amendment simply improves on the doesn’t support it, among others. a matter of national security. Farm oversight requirements. By requiring Mrs. MALONEY of New York. Re- policy, agricultural policy is a matter the report to include information on claiming my time, I will yield to the of national security. But if you try to how burdensome regulation affects for- gentleman on his own time. do everything, you often wind up not eign investment in the United States, I Mr. Chairman, I rise in opposition to doing anything very well. believe Congress will be better in- the gentleman’s amendment. The This is a narrowly targeted bill to formed on how our actions in the Con- CFIUS process already requires com- talk about the extent to which foreign gress can either make it harder or easi- prehensive reporting to Congress on direct investment does or doesn’t affect er for foreign countries to invest in our just about every factor conceivable national security in a very specific def- critical infrastructure. that is relevant to the subject of na- inition of national security. It is already required in the text of tional security and foreign direct in- This amendment, and the following the bill. This would ensure us better vestment. That is the purpose of this amendments, say, let’s require the ad- oversight capability. bill. ministration to do general reports on The underlying bill again is about This is not the place to evaluate the effect of regulation, taxation, and foreign investment. I believe foreign whether our tax or our regulatory sys- something else, I don’t remember what investment affects national security. tem, our jobs should be changed to en- it was, on the economy. And it sort of Issues relating to taxation and regula- courage foreign investment. That is bootstraps it into here. tion certainly impact the foreign in- not the purpose of this bill, and we can- It is not useful. It is a diversion. If vestments that are made both in this not dress it up like a Christmas tree Members think such a report ought to country and outside. with all these other items. be done, then there are other fora in I ask my colleagues to support this I would suggest the gentleman put which to do it. To burden the CFIUS bill. forward a stand-alone bill or address it process with this would be a mistake, Mr. Chairman, I would like to simply in an economic development package, and I, therefore, hope that the amend- conclude that, and the chairman is cer- but that is not the purpose of this leg- ment is defeated. tainly an expert and a leader in terms islation. The CHAIRMAN. The question is on of financial security issues. Certainly b 1215 the amendment offered by the gen- he would recognize that our viability tleman from Texas (Mr. MCCAUL). as an economic superpower is vitally The CFIUS process is put in place The question was taken; and the important in this country as we look and should focus on national security. Chairman announced that the noes ap- at countries like China and India. And while we value foreign investment, peared to have it. So I do believe it is relevant. I be- we certainly do not want CFIUS to be Mr. MCCAUL of Texas. Mr. Chair- lieve our ability to globally compete is weighing the value of foreign invest- man, I demand a recorded vote. not just an economic issue, but really ment, as per regulation or tax burden The CHAIRMAN. Pursuant to clause is an issue of national security. or jobs, against any national security 6 of rule XVIII, further proceedings on Mrs. MALONEY of New York. Mr. risk. The primary purpose is national the amendment offered by the gen- Chairman, I move to strike the last security. And if there are national se- tleman from Texas will be postponed. word. curity risks that cannot be fixed with AMENDMENT NO. 6 OFFERED BY MR. MCCAUL OF Mr. FRANK of Massachusetts. Will an agreement, these transactions TEXAS the gentlewoman yield to me for 30 sec- should not go forward, period. Mr. MCCAUL of Texas. Mr. Chair- onds? I would like to add that the process man, I offer an amendment. Mrs. MALONEY of New York. I yield that we have, the CFIUS process, re- The CHAIRMAN. The Clerk will des- to the chairman. quires annual reporting to a board ignate the amendment. Mr. FRANK of Massachusetts. I setup of a committee on, among other The text of the amendment is as fol- would just say to the gentleman from things, all filings with CFIUS, details lows: Texas, yes, everything is connected to on the trends in filings, investigations, Amendment No. 6 offered by Mr. MCCAUL everything. Everything that rises must withdrawals, and Presidential deci- of Texas: converge. But that does not mean that sions. It requires reporting on mitiga- Page 30, line 17, strike the closing you don’t try to deal with it before it tion agreements and enforcement, the quotation marks and the second period. has risen and converged. impact of foreign investment on crit- Page 30, after line 17, insert the following The fact is that if you define every- ical infrastructure, critical tech- new paragraph: thing as national security, you really nologies, and whether there is a coordi- ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- can’t do the piece by piece that you nated strategy by one or more coun- RIERS TO INVESTMENT INTO THE UNITED STATES.—In order to assist the Congress in want to. And an inability to make tries to acquire critical technologies in its oversight role of ensuring the national se- those distinctions gets in the way of the United States. curity of the United States by ensuring a good public policy. This grew out the But to force CFIUS to opine on pol- healthy investment climate, the President, Dubai Ports situation. It grew out of a icy matters outside of its mandate and and such agencies as the President shall des- fear that things that were generally expertise, CFIUS is not the right body ignate, shall include in the annual report good for us economically might have to report on regulation matters or tax submitted under paragraph (1) a detailed dis- an element that compromised national matters that the gentleman has put cussion of factors, including the amount of burdensome regulation in the United States security narrowly defined, that they forward in his amendment, and this re- as compared to other countries, that affect might lead to physical or other kind of quirement will also distract CFIUS the number of filings, changes in the types of problems, espionage, terrorism. And it from focusing on its prime focus, which business sectors involved in filings, and is an effort to try and harmonize those. is protecting our American citizens, changes in the number of investments origi- It doesn’t mean that taxation and our national security first. nating from specific countries.’’. health care and a whole range of other These are legitimate issues to raise, Mr. MCCAUL of Texas. Mr. Chair- things, elementary and secondary edu- and I compliment the gentleman on his man, I rise today in support of this cation, aren’t ultimately related to na- thoughtful research and concern, but amendment which requires the Sec- tional security. It does mean that try- this is not the area where it should be retary of the Treasury to include in his ing to use this specific bill, in which we legislated. reporting information on the amount try to make sure that what is our na- So I join the chairman in strongly of regulation in the United States, as tional economic interest doesn’t im- urging a ‘‘no’’ vote on the gentleman’s compared to other countries, and how pinge on national security, but trying amendment. it affects the investments, the foreign to load everything into that gets in the Mr. CROWLEY. Mr. Chairman, I investments, examined by CFIUS. way of the committee that is charged move to strike the last word.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4818 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 I, too, want to rise in opposition to ings, changes in the types of business sectors word with which the gentleman said he my good friend from Texas’s amend- involved in filings, and changes in the num- had difficulty, in where and how you ment, which I believe is a noble at- ber of investments originating from specific get them. tempt to improve the legislation. I just countries.’’. Yes, it is important to know what don’t think it belongs here, as the gen- Mr. MCCAUL of Texas. Mr. Chair- the effect of taxation is on the econ- tlewoman from New York described as man, I rise today in support of this omy, and the Ways and Means Com- well. amendment, which requires the Sec- mittee should be doing a lot of work on What you are asking for, though, retary of the Treasury to include in his that. It is important to know about that is kind of interesting, is requiring report information on the net effect of regulation. And our committee deals CFIUS to report on the burdens placed foreign investment on American jobs. with regulation. Energy and Commerce upon potential companies entering into While I support the underlying bill, deals with regulation. Other commit- the United States through direct for- this improves our oversight capability tees deal with regulation. The point is eign investment. Where does this end? and gives the information to Congress not that these things are not at some We could have an investigation on the that we need on how jobs will be im- point useful, but whether a specific burdens, on the burdens, on the bur- pacted by foreign investment. Congress governmental entity, the Committee dens, creating more burden for both will be better informed on how our ac- on Foreign Investment in the U.S., the companies that have to be inves- tions lead to the creation or outsourc- which is being created for a very spe- tigated, asking them to give that infor- ing of American jobs overseas. This re- cific purpose, ought to be given the mation to CFIUS, as well as placing ad- port is already required in the text. burden of doing all that. We have a Council of Economic Ad- ditional burdens on CFIUS. As the gen- This amendment will ensure we have visers. It is charged with many of these tlewoman has said, diverting them better oversight. duties. We have the Federal Reserve from the attention that they need to The underlying bill is about, again, system. They, under the Humphrey- focus on: national security. how foreign investments affect na- Hawkins bill, make a monetary report And as the gentleman from Massa- tional security. There is no way to un- twice a year. It is not that you don’t chusetts has said, what is national se- derstand why foreign investments would be made here or what it would have the information. curity? What we have thought was an Here is, again, the situation. As a re- issue of national security 10 years ago do to our economy without informa- tion, understanding the effect on jobs sult of the Dubai Ports, there was a no longer is today, and what we think fear that that reaction would discour- of national security today may not be that foreign investments would have. I ask my colleagues to support this age people, foreigners, from investing an issue of national security 10 years in the U.S. This has a very specific pur- from now. It is ever changing and in amendment. And I would like to respond, if I may, pose: to create a system in which peo- flux. But clearly, creating more burden ple can be reassured that foreign direct on direct foreign investment is not that it is hard to imagine how our tax- ation and regulatory process is not re- investment has no negative effect on helpful in this process, I really believe. national security. In the sense that the Therefore, I would ask my colleagues lated to foreign investment. And when we look at taxation, regulatory poli- gentleman is talking about that, that to reject this amendment, to vote ‘‘no’’ is not relevant to this bill. No one cies in this country, and when we look on this amendment. thinks foreign direct investment un- at jobs, particularly jobs being The CHAIRMAN. The question is on fairly affects the tax system or the reg- outsourced in countries like China and the amendment offered by the gen- ulatory system. The concern is that we India, when we talk about viability, I tleman from Texas (Mr. MCCAUL). might have foreign direct investment appreciate the chairman’s arguments The question was taken; and the that would put foreigners not loyal to and the gentleman from New York and Chairman announced that the noes ap- this country, perhaps even inimical to the gentlewoman from New York, but peared to have it. this country, in positions where they it is hard for me to differentiate and Mr. MCCAUL of Texas. Mr. Chair- could do us damage, through espionage, dissect how national security is not man, I demand a recorded vote. through sabotage, through the planting The CHAIRMAN. Pursuant to clause impacted by our economic security and of bombs. That is what this bill is 6 of rule XVIII, further proceedings on economic viability. If we are not a about. the amendment offered by the gen- global superpower anymore, if we are The gentleman said, Isn’t taxation tleman from Texas will be postponed. not economically viable in this coun- important? Of course it is. Climate AMENDMENT NO. 7 OFFERED BY MR. MCCAUL OF try, if we are losing jobs in this coun- change is important. Should they re- TEXAS try, if our taxation and regulatory bur- port on climate change? Nutrition is Mr. MCCAUL of Texas. Mr. Chair- den is so cumbersome that we are dis- important. Education in the sciences is man, I offer an amendment. couraging investment, including for- important. There are a whole lot of im- The CHAIRMAN. The Clerk will des- eign investment in this country, I portant issues. Burdening this par- ignate the amendment. would argue that we are impacting our ticular intergovernmental committee, The text of the amendment is as fol- national security. which has a very specific focus, with lows: It is hard for me to conceive why the all of these other problems doesn’t Amendment No. 7 offered by Mr. MCCAUL Congress wouldn’t want this kind of in- make any sense. That is why, as I said, of Texas: formation in evaluating our national it is not supported by administration. Page 30, line 17, strike the closing security policies as they relate to eco- It is opposed by the business commu- quotation marks and the second period. nomics. And the chairman, again, is an nity. The business community would Page 30, after line 17, insert the following expert on financial security. I don’t un- share many of the gentleman’s views, new paragraph: derstand why you wouldn’t want this ‘‘(4) CONTENTS OF REPORT RELATED TO BAR- many of them, on the specifics of tax- RIERS TO INVESTMENT INTO THE UNITED information. ation and regulation, but they don’t STATES.—In order to assist the Congress in Mr. FRANK of Massachusetts. Mr. want to dilute the mission of this very its oversight role of ensuring the national se- Chairman, I move to strike the last specific committee. curity of the United States by ensuring a word. Now, in this particular bill, frankly, healthy investment climate, the President, The gentleman said he is unable to even in its own terms I have trouble and such agencies as the President shall des- differentiate. I agree. He asked why understanding what the gentleman is ignate, shall include in the annual report don’t I want this information. Mr. getting at. He says we ‘‘shall include a submitted under paragraph (1) a detailed dis- Chairman, I want lunch too, but I am cussion of factors, including a detailed dis- detailed discussion of factors . . . in- cussion, including trend information on the not asking CFIUS to bring it to me. cluding trend information on the num- number of jobs in the United States related The question is not what I want. An in- ber of jobs’’ that affect the filing. Now, to foreign investment resulting from covered telligent, mature adult has a whole set unemployment, it is hard for me to un- transactions, that affect the number of fil- of wants but differentiates, to use a derstand how that affects the filing.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4819 Does the gentleman mean that if un- eign investment. The gentleman has b 1230 employment goes too low, foreign in- stated this is not a bill about whatever I yield to the gentleman from Texas. vestors won’t come to America because might affect foreign investment. We Mr. MCCAUL of Texas. Mr. Chair- wage rates may go up? I mean, this is wouldn’t have the jurisdiction and no- man, this is a healthy discussion, a an important datum to have. We have body in the administration wants to do healthy debate. This bill is about for- this problem. We have annual reports, that particularly. They want to focus eign investment. This bill is a report- monthly reports on jobs. specifically on national security. And ing requirement, hardly an outrageous The point we are making is that you what the gentleman would do would be request; I think a very sound request to should not, for whatever purpose, ideo- to the move the focus on sabotage, es- the contrary on, as the gentleman stat- logical or whatever else, inject this pionage, terrorism, those very specific ed, what are the barriers in this coun- into this very specific, very important issues that call that forward. try to foreign investment? function. We want these people to thor- Mr. BACHUS. Mr. Chairman, I move It is hard for me to completely dis- oughly vet whether or not there is a to strike the last word. sect our security and viability from purchase by foreign investors in Amer- Mr. Chairman, during this debate we one of national security, which is ap- ica that could lead to national security have talked about, and I think cor- parently what the gentleman from issues in the narrow definition. That rectly so, the need to attract foreign Massachusetts is attempting to do. I doesn’t mean that there are not broad- investment. And that is one thing that think they go hand in hand. I think we er factors, such as, as I said, education we bipartisanly agree on, that it is need to look at our ability to compete and the environment and agricultural very, very important. globally in this country. And when we production, that affect national secu- There are barriers to foreign invest- do that, we are talking about national rity. But this is not a bill on national ment today, and I do believe it is ap- security. And when we talk about that security in general. It is a bill to say propriate in this legislation because issue, we have to examine our taxation that we want very careful vetting of this is the committee for foreign in- and regulation policies in this country. foreign direct investment to make sure vestment in the United States to look And we have to look at the impact that that that in itself doesn’t do negative to see if there are not barriers to that these investments are having on jobs in things to national security. foreign investment, which is chilling this country. It is hard to tell the There is broad agreement within the those investments that are so impor- American people that their job is not administration, within the business tant for the economy. For that reason, an area of importance; it is important community, within our committee that I am supporting the gentleman’s to our economic viability and security, that is an important function. The gen- amendment. and I would argue, I know the gen- tleman has broader purposes. I wish Now, I do want to say this, not about tleman disagrees, that it is important the jurisdiction of the committee en- the gentleman’s amendment, and I rise to our national security. compassed that. We don’t have juris- to say at this time we, in the CFIUS Mr. CROWLEY. Mr. Chairman, I diction over taxation. bill as it moves forward, have got to re- move to strike the last word, and I Mr. MCCAUL of Texas. Mr. Chair- sist the temptation to load this bill up yield to the gentleman from Massachu- man, will the gentleman yield? like a Christmas tree, and I am not setts. Mr. FRANK of Massachusetts. I will talking about the gentleman from Mr. FRANK of Massachusetts. There yield. Texas’ legislation, because every re- is room for honest disagreement, but to Mr. MCCAUL of Texas. You correctly quirement that we put on foreign in- suggest that I in any way said jobs state the issue and the purpose of the vestment has a tendency to alienate aren’t important is simply silly. Of bill, and that is a fear of discouraging those making those foreign invest- course jobs are important. A lot of foreign investments. And I would argue ments. And most of the time they are things are important. The war in Iraq that our system of taxation and regu- our allies. is important. Global warming is impor- latory burden in this country has a di- In fact, even with Dubai Ports, Dubai tant. They don’t all go in the same bill. rect impact on foreign investments. is one of our strongest allies in the The gentleman’s inability to distin- Mr. FRANK of Massachusetts. Ex- Middle East, and anyone that thinks guish between what is important and cuse me. Under the rules, I reclaim my that terminating that transaction is what you try to accomplish in a spe- time. not without risk in the Middle East is cific piece of legislation is dis- Mr. MCCAUL of Texas. And the loss simply naive because we took a coun- appointing, although it does not quite of jobs, outsourcing of jobs is a na- try that welcomes our Armed Forces reach the level of a threat to national tional security issue, in my view. and is one of our strongest allies, and security. Mr. FRANK of Massachusetts. Mr. we basically told them, We don’t trust Mr. CROWLEY. Reclaiming my time, Chairman, I reclaim my time. you. Mr. Chairman, can anyone argue that The CHAIRMAN. The time of the And that is a problem. Alienating investment in the United States does gentleman from Massachusetts (Mr. one’s allies, scaring away investors. not create jobs? I mean, that is what FRANK) has expired. And as this bill moves forward, my this is all about, encouraging direct (By unanimous consent, Mr. FRANK of point is national security and foreign foreign investment from other coun- Massachusetts was allowed to proceed investment are not mutually exclusive. tries in helping to create jobs here in for 2 additional minutes.) We can have both, but we should not the United States. Mr. FRANK of Massachusetts. Mr. use this mantra of national security to How the job market is touched in Chairman, I would say this. He is now undermine our economy, whether it is some way by the CFIUS process by a focused on the issue. This is not about through a CFIUS process that foreign loan from direct foreign investment is, a bill about national security in gen- investors just throw up their hands and I am sure, an issue that someone may eral, and it is not a bill about anything walk away from to our detriment or have some desire to know more about, that might discourage foreign invest- through regulations over excessive tax- but that is not the role of CFIUS. ment. That is precisely the point. We ation because this money is going to go Mr. MCCAUL of Texas. Will the gen- want to focus on the extent to which into competitive markets. tleman yield? the fear of the Dubai situation would So I think the gentleman from Texas Mr. CROWLEY. I will yield in a mo- discourage foreign investment. and the gentleman from Massachusetts ment. There are other issues that might af- are both right in that we need to take That is the role of the Commerce De- fect foreign investment. Currency. The a serious look at anything which says partment to do those kind of studies. gentleman didn’t mention currency ex- to foreign investors, who are basically They can do that. Let them spend the change rates. There are a whole num- financing our economy today, anything time. Let’s not divert the attention of ber of things, environmental policies that is said to them that has a chilling CFIUS, which is to allow for a steady and other things, that might affect for- effect on their investments. stream of flow of foreign investment in

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4820 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 the United States, and at the same cedure placed in the CFIUS process for value. Across America we are now sell- time checking the national security in- direct, safe foreign investment. ing roads. We don’t know what else we terests of our country, making sure I join my colleague in opposing this will be selling. We may be selling doors that state-owned businesses that are amendment. to banks as it relates to foreign invest- entering into foreign investment of the Mr. BURTON of Indiana. Mr. Chair- ment. Not that we disagree with for- United States are not in some way man, I move to strike the last word, eign investment. We want it to be bal- compromising our national security, and I yield to my colleague from Texas. anced. And the way the bill has been the private-owned industry that are Mr. MCCAUL of Texas. Mr. Chair- constructed, one, there is a wide diver- making investments in the United man, just in a very short conclusion, I sity of responsibility, including the States are not jeopardizing or compro- think we are ready to move on, but it Secretaries of Treasury, Homeland Se- mising our national security. That is is a healthy debate that we are having. curity, Commerce, Defense, State and the role of CFIUS. The relevance, as the gentlelady from Energy, very appropriate, Attorney It is not for CFIUS to become the New York mentioned, of jobs and na- General, Chair of the Council of Eco- Commerce Department. They have a tional security, the relevance of our nomic Advisers, the U.S. Trade Rep- role to do as well. They can do studies taxation policies and our economic resentative, Director of Office of Man- on the implications of the CFIUS proc- policies and regulatory policies and our agement and Budget, Director of Na- ess and foreign investment and how it economic security does directly impact tional Economic Council, and the Di- is affecting the growth or loss of jobs our national security in this country. rector of the Office of Science and in the United States, not the role of I fully support the underlying bill. It Technology Policy. I can’t imagine a CFIUS. is needed legislation. It is a great piece more inclusive group to be able to I would yield to the gentleman. of legislation. I commended the chair- make a very studied assessment, one, Mr. MCCAUL of Texas. I thank the man and ranking member for this bill of protecting us, which is the real ques- gentleman from New York. in response to the Dubai Ports issue. tion that Americans ask, who’s in my Again, this bill is about foreign in- But, again, I don’t think we can look backyard, who’s at my back door, and vestment. Is the gentleman arguing at this, and why wouldn’t we want this also not to reject legitimate, forthright that our economic policies in the information in the Congress? Our tax- and job-creating opportunities. United States have nothing to do with ation policy in this country or regu- In the transaction process that has foreign investment? latory burden, does that have an im- been laid out by this bill, it is a study Mr. CROWLEY. Reclaiming my time, pact on foreign investment? Why in thoughtfulness. And I think it will Mr. Chairman, no one is arguing that wouldn’t we want that information in work. This determination will be as- the CFIUS process and the direct for- the Congress? Wouldn’t we want to sessed: whether the transaction in- eign investment has an implication on know whether foreign investment one volves a foreign government-controlled the jobs of the United States. I am ar- way or the other impacts jobs in this entity, whether the transaction threat- guing that it will actually increase op- country? I would argue that is a ens to impair national security, and portunities for jobs in the United healthy examination that is useful in- the review cannot mitigate the con- States. formation for the Congress in exam- cern. So there you are again, no cover- And it is not the role of CFIUS to ining our economic viability as a su- up, transparent. The National Intel- make those investigations, that is the perpower, our economic security in ligence Director identifies concerns job of the Commerce Department. this country, which again is a national and if CFIUS cannot agree upon meth- Mrs. MALONEY of New York. Mr. security issue. ods to mitigate these concerns, any one Chairman, I move to strike the last Ms. JACKSON-LEE of Texas. Mr. CFIUS member agency votes against word. Chairman, I move to strike the last approving the transaction. So one enti- I join Chairman FRANK and my col- word. ty, it may be Commerce, it may be league from New York in stressing that Let me thank the chairman of the Homeland Security, can raise a con- the CFIUS process is first and foremost full committee and Chairman FRANK cern about this transaction. for national security, and to give clear and the ranking member of the full guidelines and predictability to foreign committee for the heavy lifting that This is, I think, a fast action on a businesses to invest in America. has been done. matter that could not be addressed and The CFIUS process is supported, if I rise to support H.R. 556, and in the did not get addressed in the last Con- the gentleman is concerned about jobs course of it, let me try to remind my gress. But we are here today talking and the private sector, this is sup- colleagues why we got here. Among about ways of securing America and ported almost unanimously by the many reasons, I think the incident in- working financially and businesswise business sector of our country. They volving the Dubai Ports was not only a with the various constituencies that have come out, a whole list of groups, shock to the very fine Financial Serv- would be impacted. I find this as a won- supporting this well-balanced legisla- ices Committee, but a shock to Home- derful first step. Coming from the tion and have called upon it not to be land Security, it was a shock to Amer- State of Texas, I can assure you that dressed up like a Christmas tree. My ica. And the focus was not around I there is a lot of busy-ness about selling other colleague said this did not dress don’t want jobs created by foreign in- roads. It again raises its head of con- it up like a Christmas tree, yet it is vestment; it was around, you mean to cern about security questions. I have adding unrelated items to the bill. We tell me we have been exposed to the po- always made the point, do we put mak- have bills on commerce, we have bills tential of terrorist activities or con- ing money over security? I believe that on education, we have bills in other trol? Certainly some of the suggestions we have made a very important first areas, and that is where this should be and allegations were probably far- step to strengthen this process, of rec- discussed. blown because people are fearful. And ognizing the balance. My sub- Foreign investment is very impor- that is why we have come together to committee on this question looks for- tant to our country. It provides 5.1 mil- work on these issues from a collective ward to hearings after the fact on the lion American jobs, $1.9 trillion in eq- Financial Services perspective and a actual practical aspects of the selling uity investment; and some 50,000 jobs number of other jurisdictions. On the of infrastructure in the United States, in New York City are created at this CFIUS committee is the Secretary of but we now have a body of thought point by foreign investment. But not Commerce, is the Secretary of Home- through H.R. 556 which we can use as a one of these jobs or dollars is worth land Security, so therefore, these di- form of study and relief. risking our national security. That is verse issues can be addressed. In conclusion, let me again thank the why we have CFIUS. We do not want to I rise to support H.R. 556 because of sponsors of this bill, I am a cosponsor risk our national security for any job, one particular reason. There is trans- of it as well, but the chairman and and we have a template, we have a pro- parency. There is no more of the shock ranking member and also for moving

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4821 this swiftly and quickly and really an- AMENDMENT NO. 5 OFFERED BY MR. MC CAUL OF Wicker Wilson (SC) Young (AK) swering the question of both trans- TEXAS Wilson (NM) Wolf Young (FL) parency, jobs and security, might I say The CHAIRMAN. The pending busi- NOES—228 security being number one. I ask my ness is the demand for a recorded vote Abercrombie Grijalva Napolitano colleagues to support the bill. on amendment No. 5 offered by the gen- Ackerman Gutierrez Neal (MA) Allen Hall (NY) Norton The CHAIRMAN. The question is on tleman from Texas (Mr. MCCAUL) on Andrews Hare Oberstar the amendment offered by the gen- which further proceedings were post- Arcuri Harman Obey tleman from Texas (Mr. MCCAUL). poned and on which the noes prevailed Baca Hastings (FL) Olver The question was taken; and the by voice vote. Baird Herseth Ortiz Baldwin Higgins Pallone Chairman announced that the noes ap- The Clerk will redesignate the peared to have it. Barrow Hill Pascrell amendment. Bean Hinchey Pastor Mr. MCCAUL of Texas. Mr. Chair- The Clerk redesignated the amend- Becerra Hinojosa Payne man, I demand a recorded vote. Berkley Hirono Perlmutter The CHAIRMAN. Pursuant to clause ment. Berman Hodes Peterson (MN) 6 of rule XVIII, further proceedings on RECORDED VOTE Berry Holden Pomeroy Bishop (GA) Holt Price (NC) the amendment offered by the gen- The CHAIRMAN. A recorded vote has Bishop (NY) Hooley Pryce (OH) tleman from Texas will be postponed. been demanded. Blumenauer Hoyer Rahall Mr. RUPPERSBERGER. Mr. Chair- A recorded vote was ordered. Bordallo Israel Rangel Boren Jackson (IL) Reyes man, I move to strike the last word. The vote was taken by electronic de- I rise today in support of H.R. 556. Boswell Jackson-Lee Rodriguez vice, and there were—ayes 198, noes 228, Boucher (TX) Ross This bill will make national security not voting 12, as follows: Boyd (FL) Jefferson Roybal-Allard an important factor in foreign business Boyda (KS) Johnson (GA) Ruppersberger transactions. Last year’s news that the [Roll No. 106] Braley (IA) Johnson, E. B. Rush AYES—198 Brown, Corrine Jones (OH) Ryan (OH) Government of the United Arab Emir- Butterfield Kagen Salazar ates was going to take control over a Aderholt Foxx Murphy, Tim Capps Kanjorski Sa´ nchez, Linda number of U.S. ports shocked many Akin Franks (AZ) Musgrave Capuano Kaptur T. Americans and it alarmed us here in Alexander Frelinghuysen Myrick Cardoza Kennedy Sanchez, Loretta Altmire Gallegly Congress as well, even though the Neugebauer Carnahan Kildee Sarbanes Bachmann Garrett (NJ) Nunes Castor Kilpatrick Schakowsky United Arab Emirates is a close and re- Bachus Gerlach Paul Chandler Kind Schiff spected ally. Baker Gilchrest Pearce Christensen Klein (FL) Schwartz Congress came to understand that Barrett (SC) Gillmor Pence Clarke Kucinich Scott (GA) Bartlett (MD) Gingrey Peterson (PA) Clay Lampson Scott (VA) the Committee on Foreign Investment Barton (TX) Gohmert Petri Cleaver Langevin Serrano in the United States, or CFIUS process Biggert Goode Clyburn Lantos Pickering Sestak Bilbray Goodlatte Cohen Larsen (WA) Shea-Porter is broken. This process by which the Pitts Bilirakis Granger Conyers Larson (CT) Sherman United States sells property and assets Platts Bishop (UT) Graves Cooper Lee Shuler to a foreign entity is not fully dis- Blackburn Hall (TX) Poe Costa Levin Sires closed, has no congressional oversight Blunt Hastert Porter Costello Lewis (GA) Skelton and merely glances at the national se- Boehner Hastings (WA) Price (GA) Courtney Lipinski Slaughter curity implications before a decision is Bonner Hayes Putnam Cramer Loebsack Smith (WA) Bono Heller Radanovich Crowley Lofgren, Zoe Snyder made. Today we are working on pass- Boozman Hensarling Ramstad Cuellar Lowey Solis ing the National Security FIRST Act Boustany Herger Regula Cummings Lynch Spratt to fix this problem. Brady (TX) Hobson Rehberg Davis (AL) Mahoney (FL) Stupak As cochairman of the Port Security Brown (SC) Hoekstra Reichert Davis (CA) Maloney (NY) Sutton Brown-Waite, Hulshof Davis (IL) Markey Tanner Caucus and the Member who represents Renzi Ginny Inglis (SC) Reynolds Davis, Lincoln Marshall Tauscher the Port of Baltimore, we must commit Buchanan Issa Rogers (AL) DeFazio Matheson Taylor to strong security while not adversely Burgess Jindal Rogers (KY) DeGette Matsui Thompson (CA) Burton (IN) Johnson (IL) Rogers (MI) Delahunt McCarthy (NY) Thompson (MS) impacting commerce. After an initial Buyer Johnson, Sam Rohrabacher DeLauro McCollum (MN) Tierney review is conducted, CFIUS would im- Calvert Jones (NC) Ros-Lehtinen Dicks McDermott Towns Camp (MI) Jordan Dingell McGovern Udall (CO) mediately conduct a full-scale inves- Roskam Campbell (CA) Keller Doggett McIntyre Udall (NM) tigation on the effects the transaction Royce Cannon King (IA) Donnelly McNerney Van Hollen Ryan (WI) has on national security. Under- Cantor King (NY) Doyle McNulty Vela´ zquez Sali standing the national security implica- Capito Kingston Edwards Meehan Visclosky tions is vital to these transactions, but Carney Kirk Saxton Ellison Meek (FL) Walz (MN) Schmidt it must be done in a reasonable time Carter Kline (MN) Ellsworth Meeks (NY) Wasserman Castle Knollenberg Sensenbrenner Emanuel Melancon Schultz frame. We live and conduct business in Chabot Kuhl (NY) Sessions Engel Michaud Waters a global environment and we must re- Coble LaHood Shadegg Eshoo Millender- Watson main competitive. But we need to Cole (OK) Lamborn Shays Etheridge McDonald Watt make sure that we keep our national Conaway Latham Shimkus Faleomavaega Miller (NC) Waxman Crenshaw LaTourette Shuster Farr Miller, George Weiner security at the forefront of any deci- Davis (KY) Lewis (CA) Simpson Fattah Mitchell Welch (VT) sion. Davis, David Lewis (KY) Smith (NE) Filner Mollohan Wexler Davis, Tom Linder Smith (NJ) Frank (MA) Moore (KS) Wilson (OH) b 1245 Deal (GA) LoBiondo Smith (TX) Giffords Moore (WI) Woolsey Dent Lucas Gillibrand Moran (VA) Wu ANNOUNCEMENT BY THE CHAIRMAN Souder Diaz-Balart, L. Lungren, Daniel Gonzalez Murphy (CT) Wynn The CHAIRMAN. Pursuant to clause Stearns Diaz-Balart, M. E. Sullivan Gordon Murphy, Patrick Yarmuth 6 of rule XVIII, proceedings will now Doolittle Mack Tancredo Green, Al Murtha Drake Manzullo resume on those amendments on which Terry Green, Gene Nadler Dreier Marchant Thornberry further proceedings were postponed, in Duncan McCarthy (CA) NOT VOTING—12 Tiahrt the following order: Ehlers McCaul (TX) Tiberi Brady (PA) Davis, Jo Ann Mica Amendment No. 5 by Mr. MCCAUL of Emerson McCotter Carson Honda Rothman English (PA) McCrery Turner Texas; Upton Cubin Hunter Space Everett McHenry Culberson Inslee Stark Amendment No. 6 by Mr. MCCAUL of Fallin McHugh Walberg Texas; Walden (OR) Feeney McKeon b 1314 Amendment No. 7 by Mr. MCCAUL of Ferguson McMorris Walsh (NY) Texas. Flake Rodgers Wamp Mrs. MCCARTHY of New York, Mr. Weldon (FL) The Chair will reduce to 5 minutes Forbes Miller (FL) SIRES, Ms. GIFFORDS, Mr. MELANCON, Fortenberry Miller (MI) Weller the time for any electronic vote after Fortun˜ o Miller, Gary Westmoreland Mrs. TAUSCHER, Messrs. SESTAK, BAR- the first vote in this series. Fossella Moran (KS) Whitfield ROW, KAGEN, LANGEVIN, Ms. NORTON,

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Mr. STUPAK, Mr. DINGELL, Ms. EDDIE Murphy, Tim Reynolds Sullivan Taylor Visclosky Welch (VT) Musgrave Rogers (AL) Tancredo Thompson (CA) Walz (MN) Wexler BERNICE JOHNSON of Texas, Messrs. Myrick Rogers (KY) Terry Thompson (MS) Wasserman Wilson (OH) JEFFERSON, AL GREEN of Texas and Neugebauer Rogers (MI) Thornberry Tierney Schultz Woolsey LEWIS of Georgia changed their vote Nunes Rohrabacher Tiahrt Towns Waters Wu from ‘‘aye’’ to ‘‘no.’’ Paul Ros-Lehtinen Tiberi Udall (CO) Watson Wynn Pearce Roskam Udall (NM) Watt Messrs. CONAWAY, SAXTON, MCHUGH, Turner Yarmuth Pence Royce Upton Van Hollen Waxman Vela´ zquez Weiner FLAKE and FRELINGHUYSEN changed Peterson (PA) Ryan (WI) Walberg Petri Sali their vote from ‘‘no’’ to ‘‘aye.’’ Walden (OR) NOT VOTING—10 So the amendment was rejected. Pickering Saxton Walsh (NY) Pitts Schmidt Brady (PA) Davis, Jo Ann Rothman Wamp The result of the vote was announced Platts Sensenbrenner Carson Hunter Space Weldon (FL) Poe Sessions Cubin Inslee as above recorded. Weller Porter Shadegg Culberson Mica Stated against: Westmoreland Price (GA) Shimkus Mr. HONDA. Mr. Chairman, on rollcall No. Putnam Shuster Whitfield ANNOUNCEMENT BY THE CHAIRMAN 106, had I been present, I would have voted Radanovich Simpson Wicker The CHAIRMAN (during the vote). ‘‘no.’’ Ramstad Smith (NE) Wilson (NM) Members are advised that 2 minutes re- Regula Smith (NJ) Wilson (SC) AMENDMENT NO. 6 OFFERED BY MR. MC CAUL OF Rehberg Smith (TX) Wolf main in this vote. TEXAS Young (AK) Reichert Souder b 1323 The CHAIRMAN. The pending busi- Renzi Stearns Young (FL) ness is the demand for a recorded vote Mrs. JONES of Ohio changed her vote NOES—231 on amendment No. 6 offered by the gen- from ‘‘aye’’ to ‘‘no.’’ tleman from Texas (Mr. MCCAUL) on Abercrombie Filner Meek (FL) So the amendment was rejected. Ackerman Frank (MA) Meeks (NY) The result of the vote was announced which further proceedings were post- Allen Giffords Melancon poned and on which the noes prevailed Andrews Gonzalez Michaud as above recorded. by voice vote. Arcuri Gordon Millender- AMENDMENT NO. 7 OFFERED BY MR. MC CAUL OF Baca Green, Al McDonald TEXAS The Clerk will redesignate the Baird Green, Gene Miller (NC) amendment. Baldwin Grijalva Miller, George The CHAIRMAN. The pending busi- The Clerk redesignated the amend- Barrow Gutierrez Mitchell ness is the demand for a recorded vote Bean Hall (NY) Mollohan on the amendment offered by the gen- ment. Becerra Hare Moore (KS) tleman from Texas (Mr. MCCAUL) on RECORDED VOTE Berkley Harman Moore (WI) which further proceedings were post- The CHAIRMAN. A recorded vote has Berman Hastings (FL) Moran (VA) Berry Herseth Murphy (CT) poned and on which the noes prevailed been demanded. Bishop (GA) Higgins Murphy, Patrick by voice vote. A recorded vote was ordered. Bishop (NY) Hill Murtha The Clerk will redesignate the The CHAIRMAN. This will be a 5- Blumenauer Hinchey Nadler Bordallo Hinojosa Napolitano amendment. minute vote. Boren Hirono Neal (MA) The Clerk redesignated the amend- The vote was taken by electronic de- Boswell Hodes Norton ment. vice, and there were—ayes 197, noes 231, Boucher Holden Oberstar Boyd (FL) Holt Obey RECORDED VOTE not voting 10, as follows: Boyda (KS) Honda Olver The CHAIRMAN. A recorded vote has [Roll No. 107] Braley (IA) Hooley Ortiz Brown, Corrine Hoyer Pallone been demanded. AYES—197 Butterfield Israel Pascrell A recorded vote was ordered. Aderholt Davis, David Hobson Capps Jackson (IL) Pastor The CHAIRMAN. This will be a 5- Akin Davis, Tom Hoekstra Capuano Jackson-Lee Payne Alexander Deal (GA) Hulshof Cardoza (TX) Perlmutter minute vote. Altmire Dent Inglis (SC) Carnahan Jefferson Peterson (MN) The vote was taken by electronic de- Bachmann Diaz-Balart, L. Issa Castor Johnson (GA) Pomeroy vice, and there were—ayes 197, noes 231, Bachus Diaz-Balart, M. Jindal Chandler Johnson, E. B. Price (NC) not voting 10, as follows: Baker Doolittle Johnson (IL) Christensen Jones (OH) Pryce (OH) Barrett (SC) Drake Johnson, Sam Clarke Kagen Rahall [Roll No. 108] Bartlett (MD) Dreier Jones (NC) Clay Kanjorski Rangel AYES—197 Barton (TX) Duncan Jordan Cleaver Kaptur Reyes Biggert Ehlers Keller Clyburn Kennedy Rodriguez Aderholt Capito Frelinghuysen Bilbray Emerson King (IA) Cohen Kildee Ross Akin Carney Gallegly Bilirakis English (PA) King (NY) Conyers Kilpatrick Roybal-Allard Alexander Carter Garrett (NJ) Bishop (UT) Everett Kingston Cooper Kind Ruppersberger Altmire Castle Gerlach Blackburn Fallin Kirk Costa Klein (FL) Rush Bachmann Chabot Gilchrest Blunt Feeney Kline (MN) Costello Kucinich Ryan (OH) Bachus Coble Gillmor Boehner Ferguson Knollenberg Courtney Lampson Salazar Baker Cole (OK) Gingrey Bonner Flake Kuhl (NY) Cramer Langevin Sa´ nchez, Linda Barrett (SC) Conaway Gohmert Bono Forbes LaHood Crowley Lantos T. Bartlett (MD) Crenshaw Goode Boozman Fortenberry Lamborn Cuellar Larsen (WA) Sanchez, Loretta Barton (TX) Davis (KY) Goodlatte Boustany Fortun˜ o Latham Cummings Larson (CT) Sarbanes Biggert Davis, David Granger Brady (TX) Fossella LaTourette Davis (AL) Lee Schakowsky Bilbray Davis, Tom Graves Brown (SC) Foxx Lewis (CA) Davis (CA) Levin Schiff Bilirakis Deal (GA) Hall (TX) Brown-Waite, Franks (AZ) Lewis (KY) Davis (IL) Lewis (GA) Schwartz Bishop (UT) Dent Hastert Ginny Frelinghuysen Linder Davis, Lincoln Lipinski Scott (GA) Blackburn Diaz-Balart, L. Hastings (WA) Buchanan Gallegly LoBiondo DeFazio Loebsack Scott (VA) Blunt Diaz-Balart, M. Hayes Burgess Garrett (NJ) Lucas DeGette Lofgren, Zoe Serrano Boehner Doolittle Heller Burton (IN) Gerlach Lungren, Daniel Delahunt Lowey Sestak Bonner Drake Hensarling Buyer Gilchrest E. DeLauro Lynch Shays Bono Dreier Herger Calvert Gillibrand Mack Dicks Mahoney (FL) Shea-Porter Boozman Duncan Hobson Camp (MI) Gillmor Marchant Dingell Maloney (NY) Sherman Boustany Ehlers Hoekstra Campbell (CA) Gingrey McCarthy (CA) Doggett Manzullo Shuler Brady (TX) Emerson Hulshof Cannon Gohmert McCaul (TX) Donnelly Markey Sires Brown (SC) English (PA) Inglis (SC) Cantor Goode McCotter Doyle Marshall Skelton Brown-Waite, Everett Issa Capito Goodlatte McCrery Edwards Matheson Slaughter Ginny Fallin Jindal Carney Granger McHenry Ellison Matsui Smith (WA) Buchanan Feeney Johnson (IL) Carter Graves McHugh Ellsworth McCarthy (NY) Snyder Burgess Ferguson Johnson, Sam Castle Hall (TX) McKeon Emanuel McCollum (MN) Solis Burton (IN) Flake Jones (NC) Chabot Hastert McMorris Engel McDermott Spratt Buyer Forbes Jordan Coble Hastings (WA) Rodgers Eshoo McGovern Stark Calvert Fortenberry Keller Cole (OK) Hayes Miller (FL) Etheridge McIntyre Stupak Camp (MI) Fortun˜ o King (IA) Conaway Heller Miller (MI) Faleomavaega McNerney Sutton Campbell (CA) Fossella King (NY) Crenshaw Hensarling Miller, Gary Farr McNulty Tanner Cannon Foxx Kingston Davis (KY) Herger Moran (KS) Fattah Meehan Tauscher Cantor Franks (AZ) Kirk

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4823 Kline (MN) Nunes Shadegg Ruppersberger Skelton Vela´ zquez Is a separate vote demanded on any Knollenberg Paul Shays Rush Slaughter Visclosky amendment to the amendment re- Kuhl (NY) Pearce Shimkus Ryan (OH) Smith (WA) Walz (MN) LaHood Pence Shuster Salazar Snyder Wasserman ported from the Committee of the Lamborn Peterson (PA) Simpson Sa´ nchez, Linda Solis Schultz Whole? If not, the question is on the Latham Petri Smith (NE) T. Spratt Waters amendment. LaTourette Pickering Smith (NJ) Sanchez, Loretta Stark Watson The amendment was agreed to. Lewis (CA) Pitts Smith (TX) Sarbanes Stupak Watt Schakowsky Sutton The SPEAKER pro tempore. The Lewis (KY) Platts Souder Waxman Schiff Tanner question is on the engrossment and Linder Poe Stearns Weiner LoBiondo Porter Schwartz Tauscher Sullivan Welch (VT) third reading of the bill. Scott (GA) Taylor Lucas Price (GA) Tancredo The bill was ordered to be engrossed Scott (VA) Thompson (CA) Wexler Lungren, Daniel Putnam Terry Serrano Thompson (MS) Wilson (OH) and read a third time, and was read the E. Radanovich Thornberry Sestak Tierney Woolsey third time. Mack Ramstad Tiahrt Marchant Regula Shea-Porter Towns Wu MOTION TO RECOMMIT OFFERED BY MR. Tiberi McCarthy (CA) Rehberg Sherman Udall (CO) Wynn Turner NEUGEBAUER McCaul (TX) Reichert Shuler Udall (NM) Yarmuth Upton Mr. NEUGEBAUER. Mr. Speaker, I McCotter Renzi Sires Van Hollen Walberg McCrery Reynolds have a motion to recommit at the Walden (OR) NOT VOTING—10 McHenry Rogers (AL) desk. McHugh Rogers (KY) Walsh (NY) Brady (PA) Davis, Jo Ann Rothman The SPEAKER pro tempore. Is the McKeon Rogers (MI) Wamp Carson Hunter Space Weldon (FL) gentleman opposed to the bill? McMorris Rohrabacher Cubin Inslee Mr. NEUGEBAUER. In its current Rodgers Ros-Lehtinen Weller Culberson Mica Miller (FL) Westmoreland form, yes. Roskam ANNOUNCEMENT BY THE CHAIRMAN Miller (MI) Royce Whitfield The SPEAKER pro tempore. The Miller, Gary Ryan (WI) Wicker The CHAIRMAN (during the vote). Clerk will report the motion to recom- Moran (KS) Sali Wilson (NM) Members are advised that 2 minutes re- mit. Murphy, Tim Saxton Wilson (SC) main in this vote. The Clerk read as follows: Musgrave Schmidt Wolf Myrick Sensenbrenner Young (AK) b 1333 Mr. Neugebauer moves to recommit the Neugebauer Sessions Young (FL) bill H.R. 556 to the Committee on Financial So the amendment was rejected. Services with instructions to report the NOES—231 The result of the vote was announced same back to the House forthwith with the Abercrombie Edwards Lewis (GA) as above recorded. following amendments: Ackerman Ellison Lipinski PERSONAL EXPLANATION Page 30, line 17, strike the closing quotation marks and the 2nd period. Allen Ellsworth Loebsack Ms. CARSON. Mr. Chairman, on rollcall No. Andrews Emanuel Lofgren, Zoe Page 30, after line 17, insert the following Arcuri Engel Lowey 106, 107, and 108, had I been present, I new paragraph: Baca Eshoo Lynch would have voted ‘‘no.’’ ‘‘(4) CONTENTS OF REPORT RELATING TO BAR- Baird Etheridge Mahoney (FL) PERSONAL EXPLANATION RIERS TO INVESTMENT IN THE UNITED STATES.— Baldwin Faleomavaega Maloney (NY) Mr. MICA. Mr. Chairman, due to my attend- In order to assist the Congress in its over- Barrow Farr Manzullo sight role of ensuring the national security Bean Fattah Markey ance at the Arlington National Cemetery fu- of the United States by assuring a healthy Becerra Filner Marshall neral of U.S. Army SGT John D. Rode, my Berkley Frank (MA) Matheson investment climate, the President, and such Berman Giffords Matsui constituent from Lake Mary who died from in- agencies as the President shall designate, Berry Gillibrand McCarthy (NY) juries inflicted by a terrorist IED in Iraq on shall include in the annual report submitted Bishop (GA) Gonzalez McCollum (MN) February 14, 2007, I was unable to cast votes under paragraph (1) detailed analysis of fac- Bishop (NY) Gordon McDermott on rollcalls 106, 107, and 108. Had I been tors in the United States, such as— Blumenauer Green, Al McGovern ‘‘(A) the deleterious effect of burdensome Bordallo Green, Gene McIntyre present, I would have voted ‘‘aye’’ on each of Boren Grijalva McNerney these measures. regulations; Boswell Gutierrez McNulty The CHAIRMAN. There being no fur- ‘‘(B) fair, equitable and nondiscriminatory Boucher Hall (NY) Meehan treatment of entrepreneurs, businesses and Boyd (FL) Hare Meek (FL) ther amendments, the question is on other sources of capital; Boyda (KS) Harman Meeks (NY) the Committee amendment in the na- ‘‘(C) the stability of the financial markets; Braley (IA) Hastings (FL) Melancon ture of a substitute, as amended. and Brown, Corrine Herseth Michaud The Committee amendment in the ‘‘(D) economic competitiveness driven by Butterfield Higgins Millender- Capps Hill McDonald nature of a substitute, as amended, was innovation, Capuano Hinchey Miller (NC) agreed to. that, when compared to similar conditions in Cardoza Hinojosa Miller, George The CHAIRMAN. Under the rule, the other countries, may negatively impact the Carnahan Hirono Mitchell Committee rises. number of filings, cause changes in the types Castor Hodes Mollohan of business sectors involved in such filings, Chandler Holden Moore (KS) Accordingly, the Committee rose; Christensen Holt Moore (WI) and the Speaker pro tempore (Mr. WEI- and adversely affect the number of invest- ments originating from specific countries, or Clarke Honda Moran (VA) NER) having assumed the chair, Mr. Clay Hooley Murphy (CT) that may induce retaliatory actions by other Cleaver Hoyer Murphy, Patrick PASTOR, Chairman of the Committee of countries that directly impair United States Clyburn Israel Murtha the Whole House on the state of the global investments.’’. Cohen Jackson (IL) Nadler Union, reported that that Committee, The SPEAKER pro tempore. Pursu- Conyers Jackson-Lee Napolitano having had under consideration the bill Cooper (TX) Neal (MA) ant to the rule, the gentleman from Costa Jefferson Norton (H.R. 556) to ensure national security Texas is recognized for 5 minutes. Costello Johnson (GA) Oberstar while promoting foreign investment Mr. NEUGEBAUER. Mr. Speaker, Courtney Johnson, E. B. Obey and the creation and maintenance of Cramer Jones (OH) Olver this motion to recommit I offer today Crowley Kagen Ortiz jobs, to reform the process by which is straightforward and simple. Cuellar Kanjorski Pallone such investments are examined for any If adopted, it would require the Presi- Cummings Kaptur Pascrell effect they may have on national secu- dent’s annual report to the Congress on Davis (AL) Kennedy Pastor rity, to establish the Committee on Davis (CA) Kildee Payne CFIUS operations to analyze the fac- Davis (IL) Kilpatrick Perlmutter Foreign Investment in the United tors that promote the healthy invest- Davis, Lincoln Kind Peterson (MN) States, and for other purposes, pursu- ment climate and scrutinize the as- DeFazio Klein (FL) Pomeroy ant to House Resolution 195, he re- pects of our regulatory environment DeGette Kucinich Price (NC) Delahunt Lampson Pryce (OH) ported the bill back to the House with that discourages such investment. I DeLauro Langevin Rahall an amendment adopted by the Com- hope that all Members can agree that Dicks Lantos Rangel mittee of the Whole. supporting foreign investment in the Dingell Larsen (WA) Reyes The SPEAKER pro tempore. Under United States, with appropriate excep- Doggett Larson (CT) Rodriguez Donnelly Lee Ross the rule, the previous question is or- tions to protect our national security, Doyle Levin Roybal-Allard dered. benefits all Americans.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4824 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 I also hope that all Members recog- for this country, which is job producing friends, I know you are not going to be nize that just as important to welcome and economically stimulative pre- worried about our time, I know you are direct investment in the United States, vented by fears that unnecessary secu- not going to be worried about civility it is also important to identify and ad- rity interests will be raised. So we set and comity, but could you take bore- dress the barriers that have been erect- up a policy, we set up a committee to dom into account. ed in this country that chill such in- vet proposals for foreign investment to The next time you are being obstruc- vestment. Open markets and national make sure that there is no threat to tive, could you be a little creative, security support one another. national security and its very specific could you think of at least a couple of The U.S. regulatory climate is driv- definition of terrorism, of espionage, of variations and could you not ask for ing investment away. It is time to con- a transfer of information that might the same vote four times. I have Mem- sider broad overhaul of our Nation’s hurt us. This is to undo the damage bers asleep over here because they are rules, enforcement policies and litiga- that might have come from Dubai. so bored for what you are doing. tion system. The annual report re- Apparently, the minority is dissatis- I ask Members to rally themselves quired by this bill, the ‘‘Report Related fied because we are not somehow con- for one more ‘‘no’’ vote for the fourth to Barriers to Investment into the forming to this stereotype of us. We time. I don’t think there is any other United States,’’ is an important venue have brought forward a responsible and means by which you can do it again, for Congress to seek information that balanced bill. We worked with Treas- and let’s then pass this bill. can lay a foundation for such examina- ury. We worked with the business com- The SPEAKER pro tempore. Without tion. munity. objection, the previous question is or- National security cannot become a They have decided now to expand the dered on the motion to recommit. pretext for protectionism. As well, it scope. What they have asked for, frank- There was no objection. must be understood that artificial bar- ly, here, is a report from the com- The SPEAKER pro tempore. The riers to foreign investment will only mittee that is charged with dealing question is on the motion to recommit. induce international retaliation with this very specific set of issues. The question was taken; and the against U.S. investments overseas. Does a particular foreign direct invest- Speaker pro tempore announced that If the United States trends towards ment impinge on national security? the noes appeared to have it. restricted markets, others will follow. They want to burden that committee Should such scenario play out, our RECORDED VOTE over the objection of the Treasury De- Mr. NEUGEBAUER. Mr. Speaker, I country has the most to lose. I urge the partment, which does not like this re- House to adopt this motion to recom- demand a recorded vote. commit and did not like the amend- A recorded vote was ordered. mit with instructions so that we can ment before that, the amendment be- better understand the impediments to The SPEAKER pro tempore. Pursu- fore that, which all said the same ant to clauses 8 and 9 of rule XX, this legitimate foreign investment and to thing. our country, promote our interests 15-minute vote on the motion to re- They are trying to dilute the work of commit will be followed by 5-minute abroad and to ensure that the United the committee by doing what? By ask- States economy remains the envy of votes on passage of the bill, if ordered, ing for a report, for example, on hedge and the motion to suspend the rules the world. funds. Look at page 2. Let’s have a re- Mr. Speaker, I yield back the balance and agree to House Concurrent Resolu- port on the stability of the financial tion 52. of my time. markets. Mr. FRANK of Massachusetts. Mr. The vote was taken by electronic de- So instead of focusing their energies Speaker, I rise to speak in opposition vice, and there were—ayes 193, noes 229, on whether or not a particular invest- to the recommittal. not voting 11, as follows: The SPEAKER pro tempore. The gen- ment is a national security threat, this committee is supposed to give us a re- [Roll No. 109] tleman from Massachusetts is recog- AYES—193 nized for 5 minutes. port on hedge funds and on derivatives, the stability of the financial markets. Aderholt Crenshaw Hayes Mr. FRANK of Massachusetts. Mr. Akin Davis (KY) Heller Speaker, this is fourth effort by the They are supposed to talk about non- Alexander Davis, David Hensarling minority to get exactly the same thing discriminatory treatment of entre- Bachmann Davis, Tom Herger voted on. Apparently, this strategy has preneurs and the deleterious effect of Bachus Deal (GA) Hobson burdensome regulation. Baker Dent Hoekstra become if at first you don’t succeed, Barrett (SC) Diaz-Balart, L. Hulshof try, try, again and again and again. Of course, that is the right-wing Bartlett (MD) Diaz-Balart, M. Inglis (SC) I am disappointed at the poverty of premise that regulation is necessarily Barton (TX) Doolittle Issa their ability to obstruct. Now, here is burdensome. There might, of course, be Biggert Drake Jindal a conflict if you are going to talk Bilbray Dreier Johnson (IL) where we are. We have a bill that is Bilirakis Duncan Johnson, Sam strongly supported by the administra- about the deleterious effect of burden- Bishop (UT) Ehlers Jordan tion and by the business community, some legislation, that might be in con- Blackburn Emerson Keller flict with your ability to promote the Blunt English (PA) King (IA) their erstwhile allies. Boehner Everett King (NY) We were asked by some on the Re- stability to promote financial markets. Bonner Fallin Kingston publican side and in the business com- They don’t belong in this bill. It is an Bono Feeney Kirk munity to get a closed rule, because effort to bring in right-wing ideological Boozman Ferguson Kline (MN) precepts into a bill that plays an im- Boustany Flake Knollenberg they were afraid of irresponsible and Brady (TX) Forbes Kuhl (NY) silly amendments. portant role. Now, I guess I regret their Brown (SC) Fortenberry LaHood I rejected that request, and now I see, frustration that we haven’t given them Brown-Waite, Fossella Lamborn frankly, some people who asked me to a better target to shoot at. But this Ginny Foxx Latham Buchanan Franks (AZ) LaTourette support a closed rule voting for the proposal to take the Committee on Burgess Frelinghuysen Lewis (CA) amendments that came forward be- Foreign Investments in the U.S. and Buyer Gallegly Lewis (KY) cause we had an open rule. Apparently turn it into the Federal Reserve Board Calvert Garrett (NJ) Linder and the Council of Economic Advisers, Camp (MI) Gerlach LoBiondo the motto of some of my Republican Campbell (CA) Gillmor Lucas colleagues, when it comes to rules is, and God knows what else, will detract Cannon Gingrey Lungren, Daniel stop me before I obstruct again. from the mission of that committee, Cantor Gohmert E. I don’t intend to do that. I don’t in- make it harder for them to focus on na- Capito Goode Mack Carter Goodlatte Marchant tend to protect you from your own tional security, and serves no other Castle Granger McCarthy (CA) worst impulses. After all, no one has purpose. Chabot Graves McCaul (TX) protected me from mine. I would ask the Members for the Coble Hall (TX) McCotter We have a bill which says we do not fourth time to vote against the same Cole (OK) Hastert McCrery Conaway Hastings (WA) McHenry want foreign investment which is good issue. I would say to my Republican

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4825 McHugh Radanovich Smith (TX) Skelton Thompson (CA) Watson Garrett (NJ) Lucas Rogers (KY) McKeon Ramstad Souder Slaughter Thompson (MS) Watt Gerlach Lungren, Daniel Rogers (MI) McMorris Regula Stearns Smith (WA) Tierney Waxman Giffords E. Rohrabacher Rodgers Rehberg Sullivan Snyder Udall (CO) Weiner Gilchrest Lynch Ros-Lehtinen Mica Reichert Tancredo Solis Udall (NM) Welch (VT) Gillibrand Mack Roskam Miller (FL) Renzi Terry Spratt Van Hollen Wexler Gillmor Mahoney (FL) Ross ´ Miller (MI) Reynolds Thornberry Stark Velazquez Wilson (OH) Gingrey Maloney (NY) Roybal-Allard Miller, Gary Rogers (AL) Tiahrt Stupak Visclosky Woolsey Gohmert Manzullo Royce Sutton Walz (MN) Gonzalez Marchant Moran (KS) Rogers (KY) Tiberi Wu Ruppersberger Tanner Wasserman Goode Markey Murphy, Tim Rogers (MI) Turner Wynn Rush Musgrave Rohrabacher Tauscher Schultz Goodlatte Marshall Upton Yarmuth Ryan (OH) Myrick Ros-Lehtinen Taylor Waters Gordon Matheson Walberg Ryan (WI) Neugebauer Roskam Granger Matsui Walden (OR) NOT VOTING—11 Salazar Nunes Royce Graves McCarthy (CA) Walsh (NY) Sali Paul Ryan (WI) Brady (PA) Davis, Jo Ann Rothman Green, Al McCarthy (NY) ´ Wamp Sanchez, Linda Pearce Sali Burton (IN) Hunter Space Green, Gene McCaul (TX) T. Weldon (FL) Grijalva McCollum (MN) Pence Saxton Cubin Inslee Towns Sanchez, Loretta Weller Gutierrez McCotter Peterson (PA) Schmidt Culberson Jones (OH) Sarbanes Westmoreland Hall (NY) McCrery Petri Sensenbrenner Saxton Whitfield Hall (TX) McDermott Pickering Sessions b 1404 Schakowsky Wicker Hare McGovern Pitts Shadegg Schiff Wilson (NM) Mr. FILNER changed his vote from Harman McHenry Platts Shays Schmidt Poe Shimkus Wilson (SC) ‘‘aye’’ to ‘‘no.’’ Hastert McHugh Hastings (FL) McIntyre Schwartz Porter Shuster Wolf So the motion to recommit was re- Scott (GA) Price (GA) Simpson Young (AK) Hastings (WA) McKeon jected. Hayes McMorris Scott (VA) Pryce (OH) Smith (NE) Young (FL) Sensenbrenner Putnam Smith (NJ) The result of the vote was announced Heller Rodgers Hensarling McNerney Serrano as above recorded. Sessions NOES—229 Herger McNulty The SPEAKER pro tempore. The Herseth Meehan Sestak Abercrombie Eshoo Matheson question is on the passage of the bill. Higgins Meek (FL) Shadegg Ackerman Etheridge Matsui The question was taken; and the Hill Meeks (NY) Shays Allen Farr McCarthy (NY) Hinchey Melancon Shea-Porter Altmire Fattah McCollum (MN) Speaker pro tempore announced that Hinojosa Mica Sherman Andrews Filner McDermott the ayes appeared to have it. Hirono Michaud Shimkus Arcuri Frank (MA) McGovern RECORDED VOTE Hobson Millender- Shuler Baca Giffords McIntyre Hodes McDonald Shuster Baird Gilchrest McNerney Mr. FRANK of Massachusetts. Mr. Hoekstra Miller (FL) Simpson Baldwin Gillibrand McNulty Speaker, I demand a recorded vote. Holden Miller (MI) Sires Barrow Gonzalez Meehan A recorded vote was ordered. Holt Miller (NC) Skelton Bean Gordon Meek (FL) The SPEAKER pro tempore. This Honda Miller, Gary Slaughter Becerra Green, Al Meeks (NY) Hooley Miller, George Smith (NE) Berkley Green, Gene Melancon will be a 5-minute vote. Hoyer Mitchell Smith (NJ) Berman Grijalva Michaud The vote was taken by electronic de- Hulshof Mollohan Smith (TX) Berry Gutierrez Millender- vice, and there were—ayes 423, noes 0, Inglis (SC) Moore (KS) Smith (WA) Bishop (GA) Hall (NY) McDonald Israel Moore (WI) not voting 10, as follows: Snyder Bishop (NY) Hare Miller (NC) Issa Moran (KS) Solis Blumenauer Harman Miller, George [Roll No. 110] Jackson (IL) Moran (VA) Souder Boren Hastings (FL) Mitchell Jackson-Lee Murphy (CT) AYES—423 Spratt Boswell Herseth Mollohan (TX) Murphy, Patrick Stark Boucher Higgins Moore (KS) Abercrombie Brown, Corrine Davis (KY) Jefferson Murphy, Tim Stearns Boyd (FL) Hill Moore (WI) Ackerman Brown-Waite, Davis, David Jindal Murtha Stupak Boyda (KS) Hinchey Moran (VA) Aderholt Ginny Davis, Lincoln Johnson (GA) Musgrave Sutton Braley (IA) Hinojosa Murphy (CT) Akin Buchanan Davis, Tom Johnson (IL) Myrick Tancredo Brown, Corrine Hirono Murphy, Patrick Alexander Burgess Deal (GA) Johnson, E. B. Nadler Tanner Butterfield Hodes Murtha Allen Burton (IN) DeFazio Johnson, Sam Napolitano Tauscher Capps Holden Nadler Altmire Butterfield DeGette Jones (NC) Neal (MA) Taylor Capuano Holt Napolitano Andrews Buyer Delahunt Jones (OH) Neugebauer Terry Cardoza Honda Neal (MA) Arcuri Calvert DeLauro Jordan Nunes Thompson (CA) Carnahan Hooley Oberstar Baca Camp (MI) Dent Kagen Oberstar Thompson (MS) Carney Hoyer Obey Bachmann Campbell (CA) Diaz-Balart, L. Kanjorski Obey Thornberry Carson Israel Olver Bachus Cannon Dicks Kaptur Olver Tiahrt Castor Jackson (IL) Ortiz Baird Cantor Dingell Keller Ortiz Tiberi Chandler Jackson-Lee Pallone Baker Capito Doggett Kennedy Pallone Clarke (TX) Pascrell Baldwin Capps Donnelly Kildee Pascrell Tierney Clay Jefferson Pastor Barrett (SC) Capuano Doolittle Kilpatrick Pastor Towns Cleaver Johnson (GA) Payne Barrow Cardoza Doyle Kind Paul Turner Clyburn Johnson, E. B. Perlmutter Bartlett (MD) Carnahan Drake King (IA) Payne Udall (CO) Cohen Jones (NC) Peterson (MN) Barton (TX) Carney Dreier King (NY) Pearce Udall (NM) Conyers Kagen Pomeroy Bean Carson Duncan Kingston Pence Upton Cooper Kanjorski Price (NC) Becerra Carter Edwards Kirk Perlmutter Van Hollen ´ Costa Kaptur Rahall Berkley Castle Ehlers Klein (FL) Peterson (MN) Velazquez Costello Kennedy Rangel Berman Castor Ellison Kline (MN) Peterson (PA) Visclosky Courtney Kildee Reyes Berry Chabot Ellsworth Knollenberg Petri Walberg Cramer Kilpatrick Rodriguez Biggert Chandler Emanuel Kucinich Pickering Walden (OR) Crowley Kind Ross Bilbray Clarke Emerson Kuhl (NY) Pitts Walsh (NY) Cuellar Klein (FL) Roybal-Allard Bilirakis Clay Engel LaHood Platts Walz (MN) Cummings Kucinich Ruppersberger Bishop (GA) Cleaver English (PA) Lamborn Poe Wamp Davis (AL) Lampson Rush Bishop (NY) Clyburn Eshoo Lampson Pomeroy Wasserman Davis (CA) Langevin Ryan (OH) Bishop (UT) Coble Etheridge Langevin Porter Schultz Davis (IL) Lantos Salazar Blackburn Cohen Everett Lantos Price (GA) Waters Davis, Lincoln Larsen (WA) Sa´ nchez, Linda Blumenauer Cole (OK) Fallin Larsen (WA) Price (NC) Watson DeFazio Larson (CT) T. Blunt Conaway Farr Larson (CT) Pryce (OH) Watt DeGette Lee Sanchez, Loretta Boehner Conyers Fattah Latham Putnam Waxman Delahunt Levin Sarbanes Bonner Cooper Feeney LaTourette Radanovich Weiner DeLauro Lewis (GA) Schakowsky Bono Costa Ferguson Lee Rahall Welch (VT) Dicks Lipinski Schiff Boozman Costello Filner Levin Ramstad Weldon (FL) Dingell Loebsack Schwartz Boren Courtney Flake Lewis (CA) Rangel Weller Doggett Lofgren, Zoe Scott (GA) Boswell Cramer Forbes Lewis (GA) Regula Westmoreland Donnelly Lowey Scott (VA) Boucher Crenshaw Fortenberry Lewis (KY) Rehberg Wexler Doyle Lynch Serrano Boustany Crowley Fossella Linder Reichert Whitfield Edwards Mahoney (FL) Sestak Boyd (FL) Cuellar Foxx Lipinski Renzi Wicker Ellison Maloney (NY) Shea-Porter Boyda (KS) Cummings Frank (MA) LoBiondo Reyes Wilson (NM) Ellsworth Manzullo Sherman Brady (TX) Davis (AL) Franks (AZ) Loebsack Reynolds Wilson (OH) Emanuel Markey Shuler Braley (IA) Davis (CA) Frelinghuysen Lofgren, Zoe Rodriguez Wilson (SC) Engel Marshall Sires Brown (SC) Davis (IL) Gallegly Lowey Rogers (AL) Wolf

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4826 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 Woolsey Wynn Young (AK) Gohmert Maloney (NY) Ross NOT VOTING—21 Wu Yarmuth Young (FL) Gonzalez Manzullo Roybal-Allard Bachus Cummings Pryce (OH) Goode Marchant Royce Brady (PA) Davis, Jo Ann Rangel NOT VOTING—10 Goodlatte Markey Ruppersberger Camp (MI) Flake Rothman Brady (PA) Diaz-Balart, M. Space Gordon Marshall Rush Cantor Grijalva Slaughter Cubin Hunter Sullivan Granger Matheson Ryan (OH) Conyers Hinchey Smith (WA) Culberson Inslee Graves Matsui Ryan (WI) Cubin Hunter Space Davis, Jo Ann Rothman Green, Al McCarthy (CA) Salazar Culberson Inslee Sullivan Green, Gene McCarthy (NY) Sali b 1413 ´ Gutierrez McCaul (TX) Sanchez, Linda b 1422 So the bill was passed. Hall (NY) McCollum (MN) T. Hall (TX) McCotter Sanchez, Loretta The result of the vote was announced So (two-thirds being in the affirma- Hare McCrery Sarbanes tive) the rules were suspended and the as above recorded. Harman McDermott Saxton A motion to reconsider was laid on Hastert McGovern Schakowsky concurrent resolution was agreed to. the table. Hastings (FL) McHenry Schiff The result of the vote was announced Hastings (WA) McHugh Schmidt as above recorded. f Hayes McIntyre Schwartz A motion to reconsider was laid on Heller McKeon Scott (GA) SUPPORTING THE GOALS AND Hensarling McMorris Scott (VA) the table. Herger Rodgers Sensenbrenner IDEALS OF AMERICAN HEART f MONTH Herseth McNerney Serrano Higgins McNulty Sessions The SPEAKER pro tempore. The un- Hill Meehan Sestak REMOVAL OF NAME OF MEMBER finished business is the question of sus- Hinojosa Meek (FL) Shadegg AS COSPONSOR OF H.R. 997 Hirono Meeks (NY) Shays pending the rules and agreeing to the Hobson Melancon Shea-Porter Mr. KING of Iowa. Madam Speaker, concurrent resolution, H. Con. Res. 52. Hodes Mica Sherman for my bill, H.R. 997, inadvertently and The Clerk read the title of the con- Hoekstra Michaud Shimkus by obvious mistake, the gentleman current resolution. Holden Millender- Shuler Holt McDonald Shuster from North Carolina (Mr. PRICE) was The SPEAKER pro tempore. The Honda Miller (FL) Simpson listed as a cosponsor of the bill in error question is on the motion offered by Hooley Miller (MI) Sires instead of the gentleman from Georgia the gentleman from New Jersey (Mr. Hoyer Miller (NC) Skelton (Mr. PRICE). I would ask unanimous PALLONE) that the House suspend the Hulshof Miller, Gary Smith (NE) Inglis (SC) Miller, George Smith (NJ) consent that we grant the request of rules and agree to the concurrent reso- Israel Mitchell Smith (TX) both gentlemen, that the gentleman lution, H. Con. Res. 52, on which the Issa Mollohan Snyder from North Carolina’s name could be yeas and nays are ordered. Jackson (IL) Moore (KS) Solis removed from H.R. 997. This will be a 5-minute vote. Jackson-Lee Moore (WI) Souder (TX) Moran (KS) Spratt And I would apologize to both the The vote was taken by electronic de- Jefferson Moran (VA) Stark gentlemen from North Carolina and vice, and there were—yeas 412, nays 0, Jindal Murphy (CT) Stearns Georgia who are named Mr. PRICE. not voting 21, as follows: Johnson (GA) Murphy, Patrick Stupak The SPEAKER pro tempore (Ms. [Roll No. 111] Johnson (IL) Murphy, Tim Sutton Johnson, E. B. Murtha Tancredo CLARKE). Is there objection to the re- YEAS—412 Johnson, Sam Musgrave Tanner quest of the gentleman from Iowa? Abercrombie Brown-Waite, DeGette Jones (NC) Myrick Tauscher There was no objection. Ackerman Ginny Delahunt Jones (OH) Nadler Taylor Aderholt Buchanan DeLauro Jordan Napolitano Terry f Akin Burgess Dent Kagen Neal (MA) Thompson (CA) Alexander Burton (IN) Diaz-Balart, L. Kanjorski Neugebauer Thompson (MS) DEMOCRATS, DON’T BLOW OUR Allen Butterfield Diaz-Balart, M. Kaptur Nunes Thornberry Altmire Buyer Dicks Keller Oberstar Tiahrt GREAT ECONOMY Andrews Calvert Dingell Kennedy Obey Tiberi (Mr. GOHMERT asked and was given Campbell (CA) Doggett Kildee Olver Tierney Arcuri permission to address the House for 1 Baca Cannon Donnelly Kilpatrick Ortiz Towns Bachmann Capito Doolittle Kind Pallone Turner minute.) Baird Capps Doyle King (IA) Pascrell Udall (CO) Mr. GOHMERT. Madam Speaker, you Baker Capuano Drake King (NY) Pastor Udall (NM) know, over the last 12 years, the Demo- Cardoza Dreier Kingston Paul Upton Baldwin crats have been in the minority, Re- Barrett (SC) Carnahan Duncan Kirk Payne Van Hollen Carney Barrow Edwards Klein (FL) Pearce Vela´ zquez publicans have been in the majority. Carson Ehlers Bartlett (MD) Kline (MN) Pence Visclosky The economy boomed in the late ’90s. Carter Ellison Barton (TX) Knollenberg Perlmutter Walberg Castle Ellsworth We had this tragic event on 9/11; it Bean Kucinich Peterson (MN) Walden (OR) Castor Emanuel should have sent this country into a Becerra Kuhl (NY) Peterson (PA) Walsh (NY) Chabot Emerson Berkley LaHood Petri Walz (MN) terrible depression, but this Congress, Chandler Engel Lamborn Pickering Wamp Berman Clarke English (PA) Republican majority, pushed through Berry Lampson Pitts Wasserman tax cuts that have allowed the econ- Clay Eshoo Langevin Platts Schultz Biggert Cleaver Etheridge Lantos Poe Waters omy to rebound and be robust and pro- Bilbray Clyburn Everett Larsen (WA) Pomeroy Watson vide jobs and better standard of living. Bilirakis Coble Fallin Larson (CT) Porter Watt Bishop (GA) Cohen Farr And in 2 months of talking about rais- Latham Price (GA) Waxman Bishop (NY) Cole (OK) Fattah ing taxes and more regulation and one LaTourette Price (NC) Weiner Bishop (UT) Conaway Feeney Putnam Welch (VT) committee chairman talking about Blackburn Cooper Ferguson Lee Blumenauer Costa Filner Levin Radanovich Weldon (FL) how he is going to undermine the Blunt Costello Forbes Lewis (CA) Rahall Weller President’s national security policy, in Boehner Courtney Fortenberry Lewis (GA) Ramstad Westmoreland just 2 months we have this terrible Lewis (KY) Regula Wexler Bonner Cramer Fossella damage to the stock market, to the Bono Crenshaw Foxx Linder Rehberg Whitfield Boozman Crowley Frank (MA) Lipinski Reichert Wicker economy. Unbelievable. They were say- Boren Cuellar Franks (AZ) LoBiondo Renzi Wilson (NM) ing last night on the news that this is Boswell Davis (AL) Frelinghuysen Loebsack Reyes Wilson (OH) the biggest drop since 9/11. In 2 months Boucher Davis (CA) Gallegly Lofgren, Zoe Reynolds Wilson (SC) Boustany Davis (IL) Garrett (NJ) Lowey Rodriguez Wolf of talking about all these new plans, Boyd (FL) Davis (KY) Gerlach Lucas Rogers (AL) Woolsey we are going to cost people jobs. Boyda (KS) Davis, David Giffords Lungren, Daniel Rogers (KY) Wu I would just encourage my friends Brady (TX) Davis, Lincoln Gilchrest E. Rogers (MI) Wynn across the aisle, be careful. We have Braley (IA) Davis, Tom Gillibrand Lynch Rohrabacher Yarmuth Brown (SC) Deal (GA) Gillmor Mack Ros-Lehtinen Young (AK) built a great economy. Don’t blow it Brown, Corrine DeFazio Gingrey Mahoney (FL) Roskam Young (FL) quite so quickly.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4827 IN RECOGNITION OF BLACK well as those who came before and after him, for 1 minute and to revise and extend HISTORY MONTH we honor those like Lorraine Miller who are his remarks.) (Mr. SARBANES asked and was given still blazing trails. We honor the special con- Mr. MCDERMOTT. Madam Speaker, I permission to address the House for 1 tribution African Americans have made to the had not intended to speak, but after minute and to revise and extend his re- greatness of our Nation, reflecting on how far listening to these two people talk marks.) this country has come and reminding our- about what the House is doing, I think Mr. SARBANES. Madam Speaker, I selves of how far we have to go. we are going to have to have some rise today in recognition of Black His- f civics lessons around here for Repub- licans. They never followed the regular tory Month. This gives us an oppor- DEMOCRATS’ BROKEN PROMISES tunity to acknowledge how far we have order. come as a society, and to recognize the (Mr. PRICE of Georgia asked and was The way things are supposed to hap- strides and extraordinary contribu- given permission to address the House pen in the House is you drop in a bill tions that African Americans have for 1 minute.) and it goes to committee, and you have made throughout our history. Mr. PRICE of Georgia. Madam hearings, and you have markups, and Today our cultural diversity is a Speaker, lest the American people be you work off the floor before you bring source of strength and enrichment for deceived, the House is finished for things to the floor. When the Repub- our Nation, and is a particular source today; 2:15 this afternoon, 4 hours and licans were in control, they never had of pride for the State of Maryland. But 15 minutes. Yesterday we were in ses- committee hearings, they never had Black History Month also serves as a sion for less than an hour. Monday we anybody come in, they never had any time for us to reflect upon the progress weren’t in session at all. This week, 5 markups. It was all written in the that still needs to be made. hours and 15 minutes. That is less than Speaker’s Office and brought to the Thirty-eight years ago, Shirley Chis- 2 hours a day, Madam Speaker. Rules Committee and put out on the holm became the first African Amer- Madam Speaker, Orwellian democ- floor without any preparation. ican woman elected to Congress. Ear- racy is alive and well here in Wash- This Congress is preparing issues lier this month we saw the appoint- ington, but just because the Democrats that will be brought to the floor over ment of Lorraine Miller as the first fe- say that we are working 5 days a week the next several months. We are not male African American Clerk of the doesn’t make it so. This kind of asleep. We are just doing the regular U.S. House of Representatives. disinformation does a disservice to our order, which is going to committee. Madam Speaker, as long as there are entire Nation. In the Ways and Means Committee still firsts to be achieved, we must be Democrat broken promises are piling today we discussed global warming. tireless in promoting the ideals and up, Madam Speaker, and the American There wasn’t one single hearing in this values of the civil rights movement people are paying attention. House on global warming when the Re- and its leaders. f publicans were in session, and yet it is Unfortunately, our Nation’s history is one DEMOCRATS’ EMPTY PROMISES the biggest issue facing this Nation. that includes harsh divisions along racial lines and, in many cases, deeply institutionalized (Mr. WESTMORELAND asked and f was given permission to address the racism throughout society. As a result of REV. JULIUS SCIPIO strong leadership, vision and tremendous sac- House for 1 minute.) rifice on the part of many, we have made sig- Mr. WESTMORELAND. As my col- (Mr. BARRETT of South Carolina nificant progress over time and African Ameri- league from Georgia just said, I was asked and was given permission to ad- cans have made remarkable and enormous looking forward to that 5-day work- dress the House for 1 minute.) contributions to every sector of our society. week, and so far, since January 4, I be- Mr. BARRETT of South Carolina. Today, our cultural diversity is a source of lieve we have experienced one. Here it Madam Speaker, the community calls strength and enrichment for our Nation and it is, 2:25. And I don’t know of many peo- him an advocate for children. However, is a particular source of pride for the state of ple from the Third District of Georgia this reverend from Pickens, South Maryland. that are home right now. Most people Carolina, said he just never wanted to This month gives us an opportunity to ac- are working. be an elder who sat around and criti- knowledge how far we have come—to recog- The chairman of the Financial Serv- cized youth; therefore he got out and nize the strides and extraordinary contributions ices Committee said his people were helped the children at risk in his com- that African Americans have made throughout falling sleep. They must be staying up munity. our history. It serves as a time where our mu- too late at night because it is not from A community service leader who has seums, cinemas, schools and other commu- overwork. As my colleague from Geor- touched lives and strengthened faith, nity centers can showcase the work of African gia said, I think in the last 2 days we Rev. Julius Scipio is a lifelong min- American artists, entrepreneurs, business have worked an hour and a half. ister and a pastor at Ebenezer Baptist leaders, scientists, public officials, teachers, When the Republicans were in Church in Anderson, South Carolina. and the like. charge, I remember getting home at Rev. Scipio has also been a strong ad- But Black History Month also serves a time 10:30, 11 o’clock, 12 o’clock at night vocate for the African American com- for us to reflect upon the progress that needs from a hard day’s work. And when the munities in the upstate of South Caro- to be made. It is a time to consider the range Democrats took over, I had to really lina, specifically in Anderson, Oconee of experiences within African American herit- kind of refocus on how to get back to and Pickens Counties. He is said to age and to redouble our commitment to equal- my apartment because I had never seen have blessed the members of his con- ity for all. Some 38 years ago, the first female the daylight hours. gregation through his service. African American U.S. Representative, Shirley So I want to ask the Democrats on In 1994, Rev. Scipio was awarded the Chisholm, was elected to this Congress. Ear- the other side of the aisle, if you are national Jefferson Award for his dedi- lier this month, we in Congress saw the ap- going to say something, let’s do it. cation to young African American pointment of Lorraine Miller, the first female Let’s make sure that we do it, and that males by creating the Elephant Men of African American Clerk of the U.S. House of these are not just empty promises that Pickens County. He created this faith- Representatives. As long as there are still you told the American people to get based organization to represent ele- firsts to be achieved, there remains a reason into the majority. phants in the wild that form a circle to to promote the ideals and values of the civil f surround and protect the young in rights movement and its leaders. Indeed, the trouble. CIVICS LESSONS FOR movement continues to represent a beacon for During Black History Month, I thank REPUBLICANS social justice in all of America’s communities. Rev. Scipio for dedicating himself as a So as we remember the struggle of Dr. King (Mr. MCDERMOTT asked and was public and faith-based servant to pro- and of the many others who were with him, as given permission to address the House tect our at-risk youth.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4828 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 b 1430 After that, Madam Speaker, I have a Has the President finally concluded DEMOCRATS WORK EVEN WHEN subcommittee on oversight and inves- what many of us have said for a long HOUSE FLOOR NOT IN SESSION tigations with respect to the House time: That you cannot shoot your way Committee on Armed Services where I to a peace in Iraq? That would be a (Mr. ISRAEL asked and was given also serve. And then I will meet with hopeful sign, but it is doubtful since he permission to address the House for 1 constituents, credit unions, and people continues to escalate the U.S. presence minute and to revise and extend his re- who are in town. So we on this side of in the middle of a civil war. marks.) the aisle are working very hard to keep The apparent movement towards di- Mr. ISRAEL. Madam Speaker, I had the work going on here in Washington, plomacy comes at a curious time. The not intended to speak either, but after D.C. American people told their government listening to some of my friends from f last November to get their soldiers out the other side of the aisle discuss how of harm’s way when they gave the the House has finished and we have DEMOCRATS WORKING HARD Democrats a 2-year contract on the concluded business, they may be going (Mr. PAYNE asked and was given majority. And it didn’t take long for home for the day, but I want to share permission to address the House for 1 this House to make a down payment on with America and my constituents minute and to revise and extend his re- rebuilding trust with the American what I am going to be doing. I am not marks.) people. leaving. I am going to continue to Mr. PAYNE. Madam Speaker, I, too, Despite repeated Presidential claims work. would certainly like to share my sched- that meant nothing, the overwhelming At 2:30, I will be meeting with a con- passage of Speaker PELOSI’s first step stituent group from my district. I am ule. I have been listening and passing on and was not going to speak, but I in getting U.S. soldiers out of harm’s going to return to a hearing of the En- way was the shot heard round the ergy and Water Subcommittee. I will heard complaints about work not being done. world. be meeting with another group from No one wants to move faster than me my district at 3. I am meeting with the I have a 4:00 meeting with the Pro- gressive Caucus. in getting the soldiers out of Iraq. But adjuvant general of the New York Na- every journey starts with a single step, tional Guard at 3:30. At 4, I am meeting I have a meeting where we are going to be discussing the Employer Free and we have done it. with a member from the other side, The American people and other na- Choice Act later this afternoon. Congresswoman EMERSON, to discuss tions welcomed the Speaker’s leader- We have the National Wildlife Fed- the Center Aisle Caucus. ship in getting this country to begin to eration that is coming around to talk Then I have a 4:30 staff meeting, then set a new course in Iraq based on a re- about their issues. a Humane Society meeting, then a ality, and not based on the same old U.S.-China Working Group meeting. We then will be talking about the rhetoric from the White House. They Then I will be going to George Wash- whole question of North Korea which is continue to bluster; so what else is ington University to give a speech. going on right now in the Foreign Af- new? My friends, it is okay for you to go fairs Committee. There are serious mainstream Middle home at 2:00 when the legislative busi- The county executive from Hudson East leaders who believe the U.S. pol- ness is done, but many of us on this County, Mr. Tom DeGise, is coming icy has more to do with extraction side, we are going to continue to do the over to discuss problems of the county. than engagement. By extraction, they work that the American people want. Later in the afternoon, the president don’t mean U.S. soldiers being ex- f of Monmouth University will be in my tracted out of harm’s way, they are re- office discussing their 2008 agenda. ferring to extracting Iraq’s oil. DEMOCRATS WORKING HARD IN We will have the Assistant Secretary The Asia Times yesterday published WASHINGTON, D.C. of State for Near Eastern Affairs to two commentaries that are rever- (Ms. LORETTA SANCHEZ of Cali- talk about peace between the Palestin- berating throughout the Middle East. fornia asked and was given permission ians and Israelis, something that is ex- One is called, ‘‘U.S.’s Iraq Oil Grab is a to address the House for 1 minute and tremely important. Done Deal.’’ And the other is entitled: to revise and extend her remarks.) I have a meeting scheduled with Am- ‘‘Big Oil In, Stability Out Under New Ms. LORETTA SANCHEZ of Cali- bassador Olhaye, Dean of the African Iraqi Law.’’ I will include the two arti- fornia. Madam Speaker, I had not in- Diplomatic Corps. cles for the RECORD. tended to speak this afternoon either. I could go on and on. My time has As many articles in recent days have Actually, I am late going to a military run out, but I have still 8 or 10 or 12 pointed out, the President’s represent- personnel subcommittee hearing where issues to meet on. atives in Iraq used intense pressure be- we are going to take a look at the f hind the scenes to get the Iraq govern- changes that are going to happen to ment to take the first step in making the Reserve Montgomery GI bill. It is SPECIAL ORDERS production-sharing agreements, PSAs, running a little late because we had The SPEAKER pro tempore. Under the law of Iraq. There are scenarios in votes, but we are working here. I don’t the Speaker’s announced policy of Jan- which investment and production will know where the other side is. They are uary 18, 2007, and under a previous be a benefit to the Iraq people, but the in the minority now, and maybe they order of the House, the following Mem- Iraq people have to be solely in charge. are going home; but we have a lot of bers will be recognized for 5 minutes As it stands, and as many fear, the things to get done for the American each. PSA language approved over the week- people. f end could indenture Iraq’s oil wealth to When I finish with the military sub- U.S. oil interests for decades to come. committee, I will be going to the full CIVIL WAR IN IRAQ As passed by the Iraq parliament, a Homeland Security Committee where The SPEAKER pro tempore. Under a new centralized government agency in we are going to receive a briefing on previous order of the House, the gen- Iraq, closely tied to the U.S., would the SpyNet program. On this immigra- tleman from Washington (Mr. have ultimate control over who gets tion issue that everybody in America MCDERMOTT) is recognized for 5 min- access to Iraq’s vast oil resources. thinks is so important, this is how we utes. The oil industry itself says it costs protect the borders and how we are Mr. MCDERMOTT. Madam Speaker, one single dollar to extract a barrel of using assets there, and we are going to finally, grudgingly, the administration oil in Iraq, but that barrel brings $60 get a briefing on that. That should in- has agreed to talk to Syria and Iran today on the world market. How does clude Republicans. I don’t know if they about the civil war that is raging in big oil, closely aligned to the President will show up for that meeting, but they Iraq. This should have happened at and Vice President, spell conservation? should. least 2 years ago, so why now? It is spelled I-R-A-Q.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4829 Here is the U.S.-Iraq equation as seen to 75% for (basically U.S.) Big Oil. Sixty-five 70 undeveloped fields—‘‘small’’ ones hold a by people from the Middle East: Bil- of Iraq’s roughly 80 oilfields already known minimum of a billion barrels. As desert west- lions of barrels of oil, billions of dollars will be offered for Big Oil to exploit. As if ern Iraq has not even been exploited, re- in profits, dozens of U.S. military bases this were not enough, the law reduces in serves may reach 300 billion barrels—way practice the role of Baghdad to a minimum. more than Saudi Arabia. Gargantuan profits across Iraq, and thousands of U.S. sol- Oil wealth, in theory, will be distributed di- under the PSA arrangement are in a class by diers remaining in Iraq. rectly to Kurds in the north, Shi’ites in the themselves. Iraqi oil costs only US$1 a barrel The bottom line is this: Is the Presi- south and Sunnis in the center. For all prac- to extract. With a barrel worth $60 and up, dent hoping Iraq will import democ- tical purposes, Iraq will be partitioned into happy days are here again. racy, or will it export oil under the three statelets. Most of the country’s re- What revenue the regions do get will be thumb of U.S. oil interests? serves are in the Shi’ite-dominated south, distributed to all 18 provinces based on popu- The production-sharing agreements while the Kurdish north holds the best pros- lation size—an apparent concession to the have not yet been enacted into law. pects for future drilling. Sunnis, whose central areas have relatively The approval of the draft law by the frac- few proven reserves. The outcome is still uncertain. But one tious 275-member Iraqi Parliament, in The Sunni Arab muqawama (resistance) thing is certain, production-sharing March, will be a mere formality. Hussain al- certainly has other ideas—as in future roll- agreements that favor the U.S. means Shahristani, Iraq’s oil minister, is beaming. ing thunder against pipelines, refineries and the U.S. will be in Iraq for decades. The So is dodgy Barnham Salih: a Kurd, com- Western personnel. Iraq’s oil independence President has expressed a new found in- mitted cheerleader of the U.S. invasion and will not go down quietly—at least among terest in diplomacy. occupation, then deputy prime minister, big Sunnis. On the same day the oil law was Are we going to negotiate with Iran PSA fan, and head of a committee that was being approved, a powerful bomb at the Min- istry of Municipalities killed at least 12 peo- at the same time we push for PSA debating the law. But there was not much to be debated. The ple and injured 42, including Vice President agreements to become law? A lot of law was in essence drafted, behind locked Adel Abdul Mahdi. Mahdi has always been a people in the Middle East wonder. The doors, by a U.S. consulting firm hired by the feverish supporter of the oil law. He’s a top U.S. needs to state its intentions if Bush administration and then carefully re- official of the Shi’ite party, the Supreme there is any hope for a diplomatic solu- touched by Big Oil, the International Mone- Council for the Islamic Revolution of Iraq tion in Iraq. tary Fund, former U.S. deputy defense sec- (SCIRI). We not only need to extract U.S. sol- retary Paul Wolfowitz’ World Bank, and the A whole case can be made of SCIRI deliv- diers from Iraq, we also need to extract United States Agency for International De- ering Iraq’s Holy Grail to Bush/Cheney and velopment. It’s virtually a U.S. law (its Big Oil—in exchange for not being chased U.S. oil interests from dictating the oil out of power by the Pentagon. Abdul Aziz al- future for the Iraqi people. The deeper original language is English, not Arabic). Scandalously, Iraqi public opinion had ab- Hakim, the SCIRI’s leader, is much more of the U.S. goes in influencing the dis- solutely no knowledge of it—not to mention a Bush ally than Maliki, who is from the tribution of Iraq oil wealth, the more the overwhelming majority of Parliament Da’wa Party. No wonder SCIRI’s Badr Orga- we inflame the tensions and suspicions members. Were this to be a truly representa- nization and their death squads were never about why we invaded Iraq in the first tive Iraqi government, any change to the the target of Washington’s wrath—unlike place. legislation concerning the highly sensitive Muqtada al-Sadr’s Mehdi Army (Muqtada is Remember weapons of mass destruc- question of oil wealth would have to be ap- fiercely against the oil law). The SCIRI cer- proved by a popular referendum. tainly listened to the White House, which tion and Osama bin Laden and al Qaeda has always made it very clear: any more and democracy? Now it becomes clear In real life, Iraq’s vital national interests are in the hands of a small bunch of highly funds to the Iraqi government are tied up what it is really all about: Getting con- impressionable (or downright corrupt) tech- with passing the oil law. trol of Iraq oil. nocrats. Ministries are no more than polit- Bush and Cheney got their oily cake—and Madam Speaker, we have got to have ical party feuds; the national interest is they will eat it, too (or be drenched in its the President come clean. Perhaps he never considered, only private, ethnic and glory). Mission accomplished: permanent, will do a White House speech on this. sectarian interests. Corruption and theft are sprawling military bases on the eastern flank of the Arab nation and control of some [From the Asia Times, Feb. 27, 2007] endemic. Big Oil will profit handsomely—and long-term, 30 years minimum, with fabulous of largest, untapped oil wealth on the plan- U.S.’S IRAQ OIL GRAB ISADONE DEAL rates of return—from a former developing- et—a key geostrategic goal of the New Amer- (By Pepe Escobar) world stalwart methodically devastated into ican Century. Now it’s time to move east, ‘‘By 2010 we will need [a further] 50 million failed-state status. bomb Iran, force regime change and—what barrels a day. The Middle East, with two- In these past few weeks, U.S. Ambassador else?—force PSAs down their Persian thirds of the oil and the lowest cost, is still Zalmay Khalilzad has been crucial in molli- throats. where the prize lies.’’—U.S. Vice President fying the Kurds. In the end, in practice, the [From the Asia Times, Feb. 27, 2007] Dick Cheney, then Halliburton chief execu- pro-U.S. Kurds will have all the power to tive officer, London, autumn 1999. sign oil contracts with whatever companies BIG OIL IN, STABILITY OUT UNDER NEW IRAQI U.S. President George W. Bush and Vice they want. Sunnis will be more dependent on LAW President Dick Cheney might as well declare the Oil Ministry in Baghdad. And Shi’ites (By Antonia Juhasz and Raed Jarrar) the Iraq war over and out. As far as they— will be more or less midway between total While debate rages in the United States and the humongous energy interests they de- independence in the south and Baghdad’s dic- about the military in Iraq, an equally impor- fend—are concerned, only now is the mission tum (which they control anyway). But the tant decision is being made inside Iraq—the really accomplished. More than half a tril- crucial point remains: nobody will sign any- future of its oil. A draft Iraqi law proposes to lion dollars spent and perhaps half a million thing unless the ‘‘advisers’’ at the U.S.-ma- open the country’s currently nationalized oil Iraqis killed have come down to this. nipulated Federal Oil and Gas Council say system to foreign corporate control. But em- On Monday, Prime Minister Nuri al- so. blematic of the flawed promotion of ‘‘democ- Maliki’s cabinet in Baghdad approved the Nobody wants to colonial-style PSAs racy’’ by the administration of U.S. Presi- draft of the new Iraqi oil law. The govern- forced down their throat anymore. According dent George W. Bush, this new law is news to ment regards it as ‘‘a major national to the International Energy Agency, PSAs most Iraqi politicians. project’’. The key point of the law is that apply to only 12% of global oil reserves, in A leaked copy of the proposed hydrocarbon Iraq’s immense oil wealth (115 billion barrels cases where costs are very high and nobody law appeared on the Internet at the same of proven reserves, third in the world after knows what will be found (certainly not the time that it was introduced to the Iraqi Saudi Arabia and Iran) will be under the iron Iraqi case). No big Middle Eastern oil pro- Council of Ministers (cabinet). The law is ex- rule of a fuzzy ‘‘Federal Oil and Gas Council’’ ducer works with PSAs. Russia and Ven- pected to go to the Iraqi Council of Rep- boasting ‘‘a panel of oil experts from inside ezuela are renegotiating all of them. Bolivia resentatives within weeks. Yet the Internet and outside Iraq’’. That is, nothing less than nationalized its gas. Algeria and Indonesia version was the first look that most mem- predominantly U.S. Big Oil executives. have new rules for future contracts. But bers of Iraq’s Parliament had of the new law. The law represents no less than institu- Iraq, of course, is not a sovereign country. Many Iraqi oil experts, such as Fouad al- tionalized raping and pillaging of Iraq’s oil Big Oil is obviously ecstatic—not only Ameer, who was responsible for the leak, wealth. It represents the death knell of na- ExxonMobil, but also ConocoPhillips, Chev- think this law is not an urgent item on the tionalized (from 1972 to 1975) Iraqi resources, ron, BP and Shell (which have collected in- country’s agenda. Other observers and anal- now replaced by production sharing agree- valuable info on two of Iraq’s biggest oil- ysis share Ameer’s views and believe the ments (PSAs)—which translate into savage fields), TotalFinaElf, Lukoil from Russia Bush administration, foreign oil companies privatization and monster profit rates of up and the Chinese majors. Iraq has as many as and the International Monetary Fund are

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4830 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 rushing the Iraqi government to pass the a fair and equitable manner and on a pro I rise today to share with my col- law. rata basis for each contract area on the basis leagues the extraordinary heroism of Not every aspect of the law is harmful to of approved field-development plans.’’ The Brian James Ivory. Mr. Ivory was a Iraq. However, the current language favors clause does not indicate who makes this de- very proud member of the United the interests of foreign oil corporations over cision, what a ‘‘fair and equitable manner’’ the economic security and development of means, or how it is enforced. If foreign com- States Marine Corps. He served in Iraq. Iraq. The law’s key negative components panies, rather than the Iraqi government, ul- He crewed aircraft flying in and out of harm Iraq’s national sovereignty, financial timately have control over production lev- some very dangerous places. security, territorial integrity and democ- els, then Iraq’s relationship to the Organiza- He was also stationed in North Caro- racy. tion of Petroleum Exporting Countries and lina where he assisted in search and The new oil law gives foreign corporations other similar organizations would be deeply rescue missions, and he came home to access to almost every sector of Iraq’s oil threatened. Long Island when his deployment Many Iraqi oil experts are already refer- and natural-gas industry. This includes serv- ended. ice contracts on existing fields that are al- ring to the draft law as the ‘‘Split Iraq ready being developed and that are managed Fund’’, arguing that it facilitates plans for On December 17, he was driving home and operated by the Iraqi National Oil Co splitting Iraq into three ethnic/religious re- from work at night and he saw a vehi- (INOC). gions. The experts believe that the law un- cle in front of him hit a utility pole For fields that have already been discov- dermines the central government and shifts and erupt into flames. This young man, ered, but not yet developed, the proposed law important decision-making and responsibil- who had already served and sacrificed stipulates that INOC will have to be a part- ities to the regional entities. This shift could for his country, who had already paid ner on these contracts. But for as-yet-undis- serve as the foundation for establishing his dues, rather than driving on and three new independent states, which is the covered fields, neither INOC nor private Iraqi just calling the police, stopped his car, companies receive preference in new explo- goal of a number of separatist leaders. ration and development. Foreign companies The law opens the possibility of the re- called the authorities and then pulled have full access to these contracts. gions taking control of Iraq’s oil, but it also the driver out of the car, risking his The exploration and production contracts maintains the possibility of the central gov- life one more time, not in Iraq, but on give firms exclusive control of fields for up ernment retaining control. In fact, the law the Long Island Expressway. to 35 years, including contracts that guar- was written in a vague manner to help en- I want to commend this gentleman antee profits for 25 years. A foreign com- sure passage, a ploy reminiscent of the pas- for his heroism. This is a story that I pany, if hired, is not required to partner with sage of the Iraqi constitution. There is a sig- nificant conflict between the Bush adminis- know is not unique. The point here is an Iraqi company or reinvest any of its that we not simply celebrate the sac- money in the Iraqi economy. It’s not obli- tration and others in Iraq who would like ul- gated to hire Iraqi workers, train Iraqi work- timate authority for Iraq’s oil to rest with rifices and the heroism of our service- ers or transfer technology. the central government and those who would members when they go abroad to fight The current law remains silent on the type like to see the nation split in three. Both our battles, but we also keep in mind of contracts that the Iraqi government can groups are powerful in Iraq. Both groups their bravery, their courage, their com- use. The law establishes a new Iraqi Federal have been mollified, for now, to ensure the mitment, their dedication, their loy- Oil and Gas Council with ultimate decision- law’s passage. But two very different outcomes are pos- alty to protecting human life when making authority over the types of con- they return home. tracts that will be employed. This council sible. If the central government remains the ultimate decision-making authority in Iraq, will include, among others, ‘‘executive man- f agers from important related petroleum then the Iraq Federal Oil and Gas Council companies’’. Thus it is possible that foreign will exercise power over the regions. And if REGULAR ORDER LACKING UNDER the regions emerge as the strongest power in oil-company executives could sit on the DEMOCRATS council. It would be unprecedented for a sov- Iraq, then the council could simply become a ereign country to have, for instance, an exec- silent rubber stamp, enforcing the will of the The SPEAKER pro tempore. Under a utive of ExxonMobil on the board of its key regions. The same lack of clarity exists in previous order of the House, the gen- oil-and-gas decision-making body. Iraq’s constitution. tleman from Georgia (Mr. WESTMORE- The law also does not appear to restrict The daily lives of most people in Iraq are overwhelmed with meeting basic needs. They LAND) is recognized for 5 minutes. foreign corporate executives from making Mr. WESTMORELAND. Madam decisions on their own contracts. Nor does are unaware of the details and full nature of the oil law shortly to be considered in Par- Speaker, I just wanted to come back there appear to be a ‘‘quorum’’ requirement. and talk a little bit more about the Thus if only five members of the Federal Oil liament. Their parliamentarians, in turn, and Gas Council met—one from ExxonMobil, have not been included in the debate over majority and the work schedule and Shell, ChevronTexaco and two Iraqis—the the law and were unable even to read the the work ethics that they seem to be foreign company representatives would ap- draft until it was leaked on the Internet. putting forth. I could come up and read parently be permitted to approve contacts Those Iraqis able to make their voices heard my BlackBerry and my schedule to on the oil law want more time. They urge for themselves. you. I don’t know if that is exactly Under the proposed law, the council has postponing a decision until Iraqis have their own sovereign state without a foreign occu- what our constituents had in mind, was the ultimate power and authority to approve electing us and paying us to come up and rewrite any contract using whichever pation. Passing this oil law while the political fu- here and go to receptions and go to din- model it prefers if a ‘‘two-thirds majority of ture of Iraq is unclear can only further the the members in attendance’’ agree. Early ners and travel around ourselves. That existing schisms in the Iraqi government. drafts of the bill, and the proposed model by is understandable. I think what they Forcing its passage will achieve nothing the US, advocate very unfair, and unconven- sent us up here to do was to do the peo- more than an increase in the levels of vio- tional for Iraq, models such as production ple’s business. lence, anger and instability in Iraq and a sharing agreements (PSAs), which would set prolongation of the US occupation. The gentleman from Washington (Mr. long-term contracts with unfair conditions MCDERMOTT) came up and talked about f that may lead to the loss of hundreds of bil- regular order. I just had to come back, lions of dollars of the Iraqi oil money as HONORING BRIAN JAMES IVORY Madam Speaker, to address regular profits to foreign companies. The council will also decide the fate of the The SPEAKER pro tempore. Under a order. I have almost forgotten what existing exploration and production con- previous order of the House, the gen- regular order is because since we have tracts already signed with the French, Chi- tleman from New York (Mr. ISRAEL) is taken over, since the Democrats took nese and Russians, among others. recognized for 5 minutes. over January 4, I guess we have had The law does not clarify who ultimately Mr. ISRAEL. Madam Speaker, we are maybe this bill and one other bill that controls production levels. The contractee— all so proud on both sides of the aisle of actually went through regular order. the INOC, foreign or domestic firms—appears the work that our servicemembers are We had an organizational meeting for to have the right to determine levels of pro- doing in military theaters abroad, in my committees, and I think I have had duction. However, a clause reads, ‘‘In the event that, for national policy consider- Iraq and Afghanistan and so many one other meeting in one of the com- ations, there is a need to introduce limita- places around the world. And we should mittees, two hearings or three hearings tions on the national level of petroleum pro- be just as proud of the work they do in another committee, not actually duction, such limitations shall be applied in when they come home. about any of the specific legislation.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4831 b 1445 to act a good game. So hopefully they penalties during the election process. In fact, the bills that have come to will see that we want to earn ourself It would require mediation and arbitra- the floor have been taken out of two of back into the majority, and they will tion to end delays and make sure that the committees that I serve on to be have the confidence in us to lead this the first contract negotiations do not brought directly to the floor without country once again. drag out for years. any kind of markup. f The Employee Free Choice Act would So I nicknamed this Congress, THE EMPLOYEE FREE CHOICE also replace secret ballots with a card Madam Speaker, the smoke and mir- ACT: RESTORING FAIR ELEC- check procedure in which a majority of rors Congress, and I think that they TIONS IN THE WORKPLACE workers, not just the majority of vot- have done, and I am talking about the ers, sign cards authorizing a union. majority party that is in control now, The SPEAKER pro tempore. Under a Why is it so important to ensure ac- have done a wonderful job with smoke previous order of the House, the gen- cess to unions? Inequality is rising in and mirrors and fooling the American tleman from Maine (Mr. ALLEN) is rec- our country. Two years ago, Alan people. ognized for 5 minutes. Greenspan said, ‘‘A free-market society We did a smoke and mirrors on the Mr. ALLEN. Madam Speaker, I rise is ill-served by an economy in which minimum wage. We did a smoke and in support of the Employee Free Choice the rewards are distributed in a way mirrors on the war resolution. We have Act. It is natural to believe, as most which too many of our population do done several smoke and mirrors, and Americans do, that since workplace not feel is appropriate.’’ we continue to do smoke and mirrors. elections have secret ballots, they are It is just like the 5-day work week. similar to the elections we have for Whether or not you believe that in- They never address the 5-day work municipal, State and national offices. creasing inequality in our country is week. Where is the 5-day work week? Unfortunately, choosing to join a tied to declining union membership, Since the first week of January, we union is not like the choices we all one thing is clear. Union workers have have had one 5-day work week. We may make at voting booths in November. better rates of health care coverage, be going to have committee hearings, Americans rightly expect not to be better wages, and are five times more and we may be going to go to all these fired or harassed for the way they vote. likely to have a pension. parties and receptions and other They do not expect to hear that their Access to health care, better wages, things, but when are we going to work? jobs may be shipped overseas or that secure pensions, these are things Con- Because most of my constituents are at they may lose their health care cov- gress is trying to give back to the mid- work right now. In fact, most of them, erage. dle class in America. Making our econ- some of them, possibly started at 6 On the other hand, the law gives em- omy work for everyone is a com- o’clock this morning. A lot of the air- ployers that oppose unions with illegal plicated, ongoing process. I believe the line people work a 5:00 a.m. shift. A lot means a chance to do such things. Em- Employee Free Choice Act is one im- of them start at 7:00, but we start at ployers that want to fire or threaten portant step toward accomplishing 10:00, and I have not had a hearing ear- the union-friendly worker can cal- that goal. lier than 10 o’clock, and today we fin- culate ahead of time that it will only In most American workplaces, the ished the legislative business at 2:15. cost them a few thousand dollars in So, Madam Speaker, I hear all these fines if they are caught. And wronged process of forming a union is conten- things, and I hear some good ideas, and employees might not be reinstated for tious. Yet, though they may differ over I think the people do want us to work, years, long after the union effort has issues like wages, health care and pen- but let us not campaign on one thing run its course. sion benefits, employers, employees, and then come to Washington and do Other tactics are legal but unfair, supervisors and company owners are something else. I think the people de- such as mandatory meetings for em- all striving for the same goal: Amer- serve more than that. ployees to listen to their employer’s ican competitiveness in a global econ- Also, I wanted to address the regular antiunion views with no similar oppor- omy. order thing. I am elected by 700,000 peo- tunities for unions to respond. Finding a middle ground on the ques- ple in the Third District of Georgia, Workers are subject to intimidation tion of compensation, training and and they expect some representation so effective that many are afraid to health care boosts American produc- up here, and I do my best to do that. vote for a union against the wishes of tivity, innovation and competitiveness. They want a voice in the things that their employer, even in private, even in By giving the lion’s share of the power happen on this floor, but yet I have a secret ballot. to employers, we not only cheat work- been unable to offer an amendment, One study recently conducted by the ers, we cheat our economic future. unable to offer an amendment when University of Illinois found that 30 per- As we approach 2020, our income dis- the rules of the House clearly state cent of employers fire prounion work- tribution is trending toward 1920. that every Member of this body has the ers, 49 percent threaten to close a Americans do not want to be left to the right to amend a piece of legislation. workplace, and 51 percent coerce em- market-based whims of health savings But when the Rules Committee meet, ployees with bribes or favoritism. accounts, privatized Social Security, they waive that rule. These acts are not legal under the or personal job retraining accounts. It is like the smoke and mirrors National Labor Relations Act, but the They want a government that helps in- PAYGO that we got. People are like, fines are so paltry and the legal process dividuals provide for themselves and oh, yeah, I like that PAYGO. They can- so slow that unscrupulous employers their families. not increase the deficit or anything are undeterred. People are afraid to without making sure that the money is vote for a union because they are Senator Wagner wrote the National there to pay it. So, man, we love that afraid to lose their jobs and because Labor Relations Act in 1934 to ensure PAYGO. The problem is that the Rules the law does not adequately protect that workers would have an unambig- Committee, in the bill that came that them. uous, unmitigated right to representa- involved that, waived that rule. Smoke These are not the kind of elections tion in the workplace. He said then and mirrors. Americans expect at their polling that ‘‘the denial or observance of this So, Madam Speaker, I am going to places. The Employee Free Choice Act right means the difference between let people rest now. I see that Mrs. would bring our workplaces closer to despotism and democracy.’’ BLACKBURN is here to start her Special the democratic ideals we do expect. Let us give Americans a fair shot at Order, but I just want the people, The Employee Free Choice Act would organizing again. They deserve protec- Madam Speaker, to understand that we strengthen employees’ ability to tion under the law. I urge my col- are up here to do the people’s business choose. It would discourage the firing leagues to support the Employee Free and not just to talk a good game, but of employees by increasing fines and Choice Act.

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They uary 18, 2007, the gentlewoman from going to increase your taxes. have individuals and constituents from Tennessee (Mrs. BLACKBURN) is recog- Well, I did a little figuring today to different agencies that are coming in nized for 60 minutes as the designee of see what had happened with mandates and visiting with them this week and the minority leader. and taxes and where we were on this what we are hearing is good programs, Mrs. BLACKBURN. Madam Speaker, issue, and, Madam Speaker, just to do veterans programs, conservation pro- I appreciate the opportunity to stand a quick little checklist, as we have grams, the money is not making it to before the body today and talk about them, we have H.R. 2, the minimum the local level. And why isn’t it? It is what we are seeing happen with some wage bill. That was a $17 billion man- because the bureaucracy is soaking up of the actions our colleagues on the date on this Nation’s small businesses, all of the money right here in D.C. and other side of the aisle, the Democrats, 17 B, billion, mandate on small busi- our constituents’ money is not leaving have taken and what those actions, the nesses. That does not sound like some- town. So we look at this $32 billion consequences that they are having on thing that is very friendly to our Na- that has been raised in taxes since the our Nation’s economy and the Nation’s tion’s free-enterprise system. Democrats took control, and we know health. Then we had H.R. 5, the student loan. that there is more note that we are Madam Speaker, we all feel like that That was a $7.1 billion repeal of lender going to have to tote on this budget, one of the defining, iconic, funda- subsidies, $7.1 billion more that the but we know they are going to come mental items of this great Nation is taxpayers then have to pick up the bill along and try to raise taxes again to our free-enterprise system. It is an im- on. pay for their spending habits. We have got the spending that is in- perative that individuals have the op- b 1500 portunity to show up to a proper job, to creasing, we have got the taxes that work hard, to get that job, to succeed Oh, and I know it is sometimes fun to they are increasing, and lo and behold and then to share that success with say, wink-wink, nod-nod, fees and user this week we have a bill. It is called, their families. We all call that the fees aren’t always taxes. But, yes, in- well, you know, I kind of forget the American dream, when you can work deed they are, because, as Ronald name of it sometimes. Employer, some hard and build a life and build a nest Reagan said, It’s the taxpayer that kind of name they have for it, or Card egg and retire and enjoy the benefits of pays. It’s coming out of their pocket. Check. I actually, Madam Speaker, that. So we see $17 billion on small busi- prefer to call it the Worker Intimida- It has been of tremendous concern to nesses. We see $7.1 billion on lender tion Act. I think it is a very fitting us, as we have seen the actions of this subsidies and student loans. That is name for this legislation because it is Congress and the effect that some of going to make education more expen- not employee friendly, it is not secu- those actions are having on our Na- sive. H.R. 6, the CLEAN Energy bill, rity friendly, it is not job friendly. tion’s economy. We have seen spending $7.6 billion in tax increases. And then, What it does allow is intimidation. And go up. There was a continuing resolu- to add insult to injury, $314 million in I find it so unfortunate that we see tion, supposed to be, that was passed repeal of tax credits on those that are that embodied in this piece of legisla- by this body, but it turned out to be a out there trying to make certain that tion. I had read a poll that had taken head scratcher for most Americans be- we become independent of foreign oil. place over the weekend, and it seems cause it was not level funding. It was Now, some things are not only that most Americans, about nine out of not continued funding. It was $10 bil- counterintuitive but they are counter- 10 Americans, agree with me on this lion more in increased funding than productive. And as we look at this, cer- issue, Madam Speaker. What we see is had been there previously. tainly raising taxes on those that are that most people agree that an em- Now, where I come from in Ten- working to find alternative energy, ployee should be able to have a secret nessee, if you have one number and you raising taxes on our businesses who are ballot. That it is something that as our add to it, you end up with more. That working for clean energy, it just Secretary of Labor has said, it is an in- is an increase. It is an increase, and I doesn’t make good sense. It defies com- trinsic right. It is something that we think most Americans see it just that mon sense. We see that in the CLEAN hold very, very dear, the right to cast way. Energy Act. that ballot, to express our opinion, and What we also saw was that depart- Continuing on through the list, H.R. to do it without fear and to do it with- ments and agencies did not end up get- 976, the small business bill, actually is out intimidation. Every worker de- ting what they had had last year. a $45 million increase in taxes. So what serves the right to cast their ballot and There was some creative bookkeeping, we have is since we have been here and express their opinion. some sleight of hand, if you will, that since our colleagues across the aisle So this Card Check bill, we are going was taking place in smoke-filled have taken control of the majority, to hear more about this this hour as we rooms, not on the floor of the House, they have increased taxes on their con- talk about the actions that have been but with comments being made like, I stituents by $32 billion. That is just tax taken and as we talk about the con- am going to pick up the phone and call increases. That doesn’t count the added sequences that those actions have on over to an agency and tell them how I spending that is coming to this floor the productivity of this Nation, the ac- want them to spend that money. day after day after day, and we know tions that those have on those con- So that meant picking winners and that as we begin to work on budgets in sequences that affect this Nation’s losers out of the pot of money, and, of coming years that that is going to con- health and its economy. course, in my district, where I come tinue to mount up. Because what we At this time I would like to yield to from in Tennessee, we were very, very have learned is that the bill always the gentleman from Georgia as he is concerned that the loser was military comes due. Isn’t it amazing, Madam joining us in this Republican Study construction. The loser was our men Speaker, the bill always comes due. Committee hour to talk about this and women in uniform who are fighting Somebody has to pay the bill. Or, as issue and the Republican Study Com- to defend our freedom so that every- my used car dealership in my town mittee. thing we do here is relevant. How says, Somebody’s got to tote the note. Mr. WESTMORELAND. Thank you, shameful, how shameful that it is their And unfortunately it is the American Ms. Blackburn. I really want to ask projects that hit the chopping block. taxpayer that is toting the note for the you a couple of questions, if I could, So we saw that spending in that Democrats’ spending habits. just to have a little conversation here. budget go up. Then we have been able You can go back to the Great Society You talked about taxes and what was to see what has happened with tax in- and the New Deal and you can look at being done. How about the alternative

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minimum tax, the AMT, that was put of mandates on them. We see it just Mr. HENSARLING from Texas, who is in under the Democratic majority back never stops. You give them an inch, joining us. Again, anyone who would in the late sixties or early seventies, they’re going to take a mile. And it is like to be in contact with us and talk that was really targeted to try to get the hang onto your wallet Congress. about what they are seeing in the 28 millionaires out of 250 million people They just are coming for everybody’s workplace, talk about the increased that live in this country, to target 28 wallet and can’t get to it fast enough. taxes that the Democrats have brought people, to come up with this alter- We want everyone to stay in touch forward, talk about the increased native minimum tax that says, you with us on this issue, and as I yield to spending that our Democratic col- know, if you fill out your 1040 and we the gentleman, I would like to call at- leagues have brought forward, we don’t feel like you paid enough tax, in tention to our poster there so they can would encourage them to be in touch other words, if you had too many de- stay in touch with us on the Card with us at [email protected]. ductions or if your tax really wasn’t Check bill and on different issues that At this time I yield to the gentleman where we thought it needed to be, then are coming before us. from Texas. you have to pay the alternative min- I yield to the gentleman from Geor- Mr. HENSARLING. I certainly thank imum tax. gia. the gentlelady from Tennessee for I think the lady from Tennessee may Mr. WESTMORELAND. That is ex- yielding. I particularly appreciate her have some numbers. I don’t know. I actly right. Here is the Web site right leadership not only within the Repub- have heard the number that as high as here: [email protected]. And you can lican Study Committee, the conserv- 32 million people are going to be af- go to the Hensarling Web site, our ative caucus in the House of Represent- fected, 10 percent of our population or chairman, and let us know how you atives, but also her great leadership on over 10 percent of the population is feel about the AMT. If this thing has issues that impact the family budget, going to be affected by something that affected you, we want to know about spending, because we know in this in- the Democrats did to get 28 people to it, because we are going to make sure stitution that you can’t increase some pay taxes. It should have been a little that we do everything that we can to Federal budget without decreasing more simple than that, shouldn’t it? make sure that this AMT does not con- some family budget. Mrs. BLACKBURN. Yes. That is one tinue to affect more and more of our At the moment we are talking about of the things we have seen with these taxpayers that go out every day and this thing, what most people call Card unintended consequences or maybe in- work hard for their money. And, by the Check, which sounds innocent enough tended consequences, because we know way, they are probably still at work on its face, but I would note, as my col- for the liberal elite, you can never pay right now trying to earn some money. leagues have said, that it took the enough tax. And one of the things when Getting back to the Employee In- Democrats about 2 days to go ahead somebody says, well, we need to be tax- timidation bill, is it going to be an and waive their own pay-as-you-go pro- ing somebody more, I say, you know open rule or a closed rule? I don’t want vision that supposedly made sure we what, walk on up here, write out a to talk inside baseball or get down in weren’t going to get deeper in debt, it check for what you think you owe and the weeds here, but are we going to be took them about 2 weeks to raise taxes on the American people, and, also, al- put it in the box. And I will offer to able to offer amendments? Am I going most took them 2 full months before Madam Speaker and my colleagues, I to be able to offer an amendment to they started to try to repudiate the have never had anybody say, ‘‘I am not perfect this bill? Or is it going to be a right to a secret ballot of American paying enough.’’ I have never had one closed rule like we have been having workers, before they try to take back single person offer to write out that where the people of the Third District the franchise from American workers. check and give the government a little of Georgia or some of the people from They have been very busy since they bit more. But it is so easy to say, pay the lady from Tennessee’s district or took over the House. more, when it’s not you, it’s not me, the gentleman from Texas’ district Now, the formal title of this piece of it’s the guy behind the tree. And that, that has no say-so in the process? Have legislation that we are speaking about many times, is where they go, always you heard if we are going to be able to this afternoon is the Employee Free wanting more money, because govern- perfect this bill? Or is this bill perfect? Choice Act. Now, Madam Speaker, we ment never gets enough of your money. Is this bill perfect and doesn’t really know that somewhere running around They always want more. They think need any perfecting? here in the Capitol are people who are they have a better idea. They think Mrs. BLACKBURN. I think that what paid to come up with clever titles for they’re smarter. They think they’re we are hearing from the other side, pieces of legislation. Well, whoever brighter. They think that they know they think that they have a perfect came up with that title surely deserves more than anybody else. And the lib- piece of legislation. It probably in their a bonus. eral elites do that. minds would be something that they San Francisco, California, not ex- We can go back and look at the be- considered to be perfect. As I said, they actly known as a bastion of conserv- ginning of the Federal income tax in name it the Employee Choice or some- ative thought in America, one of their 1913. It started in February 1913. Just 1 thing but it is indeed the Worker In- daily newspapers, the San Francisco percent. Just on the few millionaires in timidation bill, and they don’t want Examiner, called that title exquisitely the country to make them pay for a anybody to really bring this, they want Orwellian, in referring to the famous war. And look where it got us. And it on and off the floor as fast as they author George Orwell and his book, with the AMT, it was just going to be can get it. 1984. on 28 people, just for a little while, just One of the questions that we are to get a little bit more out of their asked a lot is wouldn’t this give em- b 1515 pocket. And now, as you said, esti- ployees more choice over their employ- Madam Speaker, I don’t know about mates of 30 million Americans, men ment decisions? And we know that the you, but I know when I was in high and women who are both working in answer to that is a big ‘‘no.’’ It will school many, many years ago in Col- order to be able to provide for their not. It is going to have the opposite ef- lege Station, Texas, that was required children and their families so that they fect. reading. For those who have read it ei- have that little piece of the American We know that just as they don’t want ther voluntarily or involuntarily, they Dream. And then they are affected by a lot of discussion on this floor about may recall that to be Orwellian meant the AMT. They are affected by the this bill, they don’t want employees to to turn things on their head to call small business tax that has been paid, have more choice and more freedom in black, white; to call up, down; to call going to take another $45 million out how they choose to construct their good, bad. I must admit that the Or- of their pocket. They are affected by work situations. well estate must be doing well, because H.R. 2, that minimum wage bill, that is I would like to yield to the chairman people are still clearly buying his going to put another $17 billion worth of the Republican Study Committee, works.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4834 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 This proposed Act has nothing to do certainly know where the pressure and issue, the end of secret ballots in with freedom. This proposed Act has the intimidation is. America. I think this is very instruc- nothing to do with choice. This pro- Recently, just this last week, we had tive. posed Act is nothing less, nothing less testimony from a worker in Oregon It is important for individuals to than a full frontal assault, a full, fron- who said that when she would not pub- read, and as my colleague from Texas tal assault of a worker’s fundamental licly check the card that she wanted to said, are Members of Congress ready to right to cast a secret ballot to choose join a labor union, that her work life do away with secret ballots in their whether or not they want to be a mem- became miserable, miserable when she elections? If it is good enough for the ber of a labor union. refused to do this. Again, this is noth- American worker, should it be consid- What is more fundamental to our de- ing more than assault on a funda- ered for Members of Congress? mocracy than the secret ballot? It is mental right to a secret ballot in a Now, in this document that I have one of the pillars. It is one of the pil- labor union election. just shown you, there is a list of groups lars of democracy, and yet the Demo- This overturns decades and decades that are opposed to card check and a crats, in this cleverly titled bill, they of custom and practice and law in list of groups that support it. Those want to take that away. America on how people can choose. that support it are ACORN, AFL–CIO, I might suggest that if they want to Now, listen, we live in a free society. Americans for Democratic Action, Cen- take that away, that Members of Con- We should live in a free society. Work- ter for American Progress, Council on gress who are going to vote for this ers ought to be able to choose if they American Islamic Relations, the Demo- Act, which will be on the floor tomor- want to be part of a labor union. That cratic Leadership Council, the Demo- row, maybe they ought to think about is not a question. There is only one cratic National Committee, cosponsoring some companion legisla- question that is going to be before the Earthwatch, Human Rights Watch, tion, and let’s go ahead and just spread floor and that question is, should work- NAACP, Sierra Club, Unitarian Univer- it all over America. Why don’t we just ers have the right to a secret ballot? salist Association of Congregations in go ahead and provide for card check for Are they going to be open to intimida- Washington, DC, and UNITE HERE! congressional elections? tion, pressure and shakedown? Not one Now, the groups that are in opposi- Let’s get rid of that secret ballot worker in America, not one worker in tion to the card check proposal, the booth. Instead, why don’t you publicly America is going to be benefited by American Hospital Association, the have to come down and take a little this. American Hotel and Lodging Associa- card and check in front of your friends, Now, I can think of others who are tion, Associated Builders & Contrac- your neighbors, not to mention those going to be benefited by this, because tors, Associated General Contractors, who may not be too friendly to you, all of a sudden, labor union bosses are Independent Electrical Contractors, International Council of Shopping Cen- and just say who you are voting for. If automatically going to have access to ters, International Food Service Dis- it is good enough for congressional hard-working Americans’ paychecks tributors’ Association, International elections, it ought to be good enough where they used to not have that, to Franchise Association, National Asso- for labor union elections. source the money, and unfortunately, ciation of Manufacturers, National Yet, again, Democrats are going to so many of these issues come down to Restaurant Association, National Re- come to this floor tomorrow and vote money. tail Federation, Printing Industries of on a piece of legislation to fundamen- Indeed, follow the money. It may be instructive. The Pew Foundation has America, U.S. Chamber of Commerce. tally take away the right to a secret I also have in front of me the state- indicated that over half a billion dol- ballot from workers all across Amer- ment that has come to us from the lars of labor union money has gone to ica. By the way, poll after poll of labor Fraternal Order of Police. The Fra- the Democrat party since 1994. You union members say they are against ternal Order of Police in this great Na- know, even in Washington DC, a half a this. They say it is fundamentally un- tion stands against the card check bill. fair to take away their secret ballot. billion dollars is a lot of money. Seven They are not for this, and their na- Now the labor union bosses making out of the top ten political contribu- tional president has called on Congress the six-figure salaries out of their dues, tors in America are organized labor. to reject the bill. they have a different opinion. In fact, The American people don’t want this, A couple things I would like to read one was quoted saying ‘‘there is no rea- workers don’t want this, even union- to be certain that we get these in the son to subject the workers to an elec- ized workers don’t want this, but labor RECORD, because the men and women tion.’’ No reason to subject the workers union bosses do. They want a funda- who are members of our local law en- to an election. Kind of sounds like mental assault on the right, the right forcement communities are there on something Hugo Chavez might say in to a secret ballot. What a day of in- the front line every single day defend- Venezuela. famy it will be in this House, should we ing our streets and our communities You know, there is just no reason to approve that. and keeping our homeland safe. subject the people to an election. But Mrs. BLACKBURN. I thank the gen- I think that it is worthy that we lis- it does appear to be every single reason tleman from Texas for those well- ten to them and that we heed what to subject workers to pressure and in- structured remarks. Again, we are they tell us. There is some wisdom in timidation, and that is what this bill is talking about a bill, a piece of legisla- the thoughts that they present to us. I all about. There have been card check tion that would be a big win for big am quoting from this press release. It campaigns in the recent past. This is labor. It is something that they have says, ‘‘The legislation as proposed known, you can go to public sources. wanted for a long time. It is something would replace the current democratic Now there was a union organizing at that they have said would strengthen process of secret ballots with the card MGM in Las Vegas and union orga- them, the labor union, and, as my col- check system that invites coercion and nizers threatened those people who league from Texas said, the labor union abuse.’’ would not check that they wanted to bosses. This is where they want to go Under this process, the identity of join a union. They said if we want to to build some power, to have access to workers who signed or refused to sign take over, we will get your job one way those paychecks and access to the in- union organizing cards would be made or another. We will get your job. formation of what their members are public to the union organizers as well There was a United Steel Workers of- doing. as to the workers’ employer and co- ficial. He was told to threaten migrant Now, we have a couple of documents workers, leaving these individuals vul- workers with deportation if they would that some of our friends may want to nerable to threats and intimidation not pick up the card and check that actually log on and get. Again, at from union leaders, management or they wanted to be in the labor union. I www.house.gov/hensarling/rsc, you can both. don’t know where the freedom is. I come to these documents and pull The most common method for deter- don’t know where the choice is, but I them down. One is the card check mining whether or not employees want

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4835 a union to represent them is a private The card check system consists of coercing that employees everywhere will go through ballot election overseen by the Na- employees to sign a card for the union. If what we continue to experience. Rather than tional Labor Relations Board. enough cards are signed, 50 percent + 1, then increasing this coercive practice, Congress Then going on further and quoting the facility is considered to be a union facil- should ban it. from Mr. Canterbury’s release, without ity. In this process of obtaining the needed Everyone in public office is elected by se- signatures, there are a lot of untruths told. cret ballot vote. Please give us a chance in the anonymity of the secret ballot, the Early on, the employees for a non-union our workplace to make the decision on rep- FOP would probably not exist today. FCCC signed and submitted a petition which resentation in the same manner. The only way to guarantee worker pro- clearly states that they want no union rep- I will read from it in part, ‘‘My name tection from coercion and intimidation resentation at this facility. More than 70 is Mike Ivey, and I appreciate the op- is through the continued use of secret percent of all employees signed this petition. portunity to share with the committee ballot elections so that personal deci- The UAW and Daimler Chrysler Corporation my experiences under an abusive card sions about whether to join a union re- received these petitions with no response, nor any halt in the card check drive. check organizing drive which is still main private. 1 That is just comments from one of In April 2003, the CEO of Daimler Chrysler ongoing after 4 ⁄2 years.’’ promised the employees of FCCC a wage in- 1 the organizations that understand how So 4 ⁄2 years this fight has been going crease at a plant-wide meeting. In August on in Gaffney, South Carolina. Appar- harmful this piece of legislation, the 2003, when the time came to make good on card check bill, or, as I have called it, ently it is dating back to fall 2002. This that promise, the union threatened a lawsuit gentleman talks about what is going the worker intimidation bill, would be against Daimler Chrysler if the wage in- 1 on our Nation’s business structure. crease was implemented. They feared that if on in these 4 ⁄2 years. This is something that we need to employees got the wage increase they had To quote from his letter, ‘‘The em- think very, very carefully about. long been promised, it would reduce support ployees who are not in support of the Another document that I would love for the union. We obtained free legal aid Union should have the right to go to to call attention to, from our Repub- from the National Right to Work Legal De- work and not be harassed every day. fense Foundation, and only after we filed This harassment has been going on lican Study Committee, and, again, charges at the National Labor Relations send us your thoughts at more than 4 years with no end in sight. Board, did the union allow the pay increase. Faced with this never-ending on- [email protected], and you can go to Employees are told at off-site meetings our Web site, www.house.gov/hen- that signing a card only certifies that they slaught, we employees feel that the sarling/rsc, and you can pull this infor- attended the meeting. Employees are also of- United Auto Workers is holding our mation down. But it is a Q&A on the fered a free t-shirt if they sign a card. What heads under water until we drown.’’ card check issue, with some of the they are not told is that these cards are a le- Quoting from his statement further, myths and some of the facts, the rights gally binding document, which states that ‘‘In April of 2005, the UAW obtained the the employee is pro union—thus placing the personal information of each employee. and the wrongs that spell this out, union one step closer to their goal of com- what it would mean to our Nation’s law It wasn’t enough that employees were plete control of the employees’ workplace being harassed at work, but now they enforcement community, what it would lives without the employees even realizing mean to our Nation’s business commu- it. are receiving phone calls at home. The nity. In the workplace, the employees running UAW also had Union employees from Mr. HENSARLING. I wanted to fol- the organizing campaign for the UAW are re- other facilities actually visit these em- low up on the gentlelady’s point, again. lentless in trying to get the employees to ployees at their homes.’’ The orga- We are trying to preserve the funda- sign union cards. This has created a hostile nizers would not take no for an answer. mental right to the secret ballot in work environment, with employees who once ‘‘Some employees have had five or were friends who are now at odds with each labor union elections. No matter what more harassing visits from these union other. organizers. The only way, it seems, to the opposition says that this is going The employees who are not in support of to do, what we know is from the actual the union should have the right to go to stop the badgering and pressure is to people, actual workers who are sub- work and not be harassed every day. This sign the card.’’ That’s the pressure, jected to this card check procedure, we harassment has been going on more than 4 that’s the intimidation. know intimidation and harassment is years with no end in sight. Faced with this I would quote further from this state- taking place. neverending onslaught, we employees feel ment, ‘‘Moreover in many instances, Madam Speaker, I submit for print- that the UAW is holding our heads under employees who signed cards under pres- water until we drown. ing in the RECORD a statement from sure or false pretenses later attempted In April 2005, the UAW obtained the per- to retrieve or void this card.’’ Mike Ivey, materials handler at sonal information of each employee. It Freightliner Custom Chassis Corpora- wasn’t enough that employees were being tion in Gaffney, South Carolina. harassed at work, but now they are receiving b 1530 STATEMENT OF MIKE IVEY, MATERIALS HAN- phone calls at home. The UAW also had The union would not allow this to DLER, FREIGHTLINER CUSTOM CHASSIS COR- union employees from other facilities actu- happen. After 41⁄2 years of trying to or- PORATION ally visit these employees at their homes. ganize the facility, 41⁄2 years, Madam The union’s organizers refuse to take ‘‘no’’ My name is Mike Ivey, and I appreciate the Speaker, the majority of employees are opportunity to share with the committee my for an answer. If you told one group of orga- experiences under an abusive card check or- nizers that you were not interested, the next still against it by roughly a 3–1 ratio. He goes on to say, and imploring this ganizing drive which is still ongoing after 41⁄2 time they would send someone else. years. Moreover, in many instances, employees body, Madam Speaker, ‘‘Rather than Freightliner Custom Chassis Corporation who signed cards under pressure or false pre- increasing this coercive practice, Con- (FCCC) in Gaffney, South Carolina, has em- tenses later attempted to retrieve or void gress should ban it. Everyone in public ployed me for approximately 7 years. We are this card. The union would not allow this to office is elected by secret ballot. Please a non-union facility and more than the ma- happen, telling them that they could not do give us a chance in our workplace to so. jority of employees are extremely proud of make the decision on representation in that fact. The problems we have started in After 41⁄2 years of trying to organize our fa- the fall of 2002. cility, the majority of employees are still the same manner.’’ During contract negotiations for their against the union by roughly a 3 to 1 ratio. Madam Speaker, again, every single union facilities, the UWA and Daimler We feel that the aggressive behavior of person who comes to the floor of the Chrysler Corporation reached a card check UAW organizers will only escalate in 2007. House, the Members of this institution, agreement to allow the UAW to try to orga- All the union Freightliner facilities are fac- are elected by secret ballot. Our con- nize their non-union facilities. This agree- ing major layoffs in the coming months. We stituents, our workers, both union and ment prevents FCCC from doing anything expect the UAW to turn up the heat at our nonunion, cry out for the same funda- positive for their employees, or discussing Gaffney facility to make up for the dues rev- the situation with the employees. This enue shortfalls at the union facilities. mental fairness and the same funda- agreement also allows the union to recruit I understand that some members of Con- mental democratic rights. and pay FCCC employees at this facility to gress would like to mandate this abusive But since labor union bosses helped handle their card check system. card check process for selecting a union so the Democrats, since labor union

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4836 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 bosses need more money in their cof- the tune of $32 billion that the Demo- History shows us that when you cre- fers, they have found a new and innova- crat majority has passed since taking ate a government program, a govern- tive way to get money, and that is control as the majority party in this ment program continues to grow. I through this thing called ‘‘card check.’’ body; $32 billion in tax increases. We have said many times on this floor, as And what is interesting, also, Madam have seen spending increased. And now Ronald Reagan said, there is nothing Speaker, if you will look at those who what we are seeing is within the first so close to eternal life on Earth as a are bringing this legislation to the couple of months they are going to Federal Government program. floor, for example, the gentleman from come along and they are going to com- We have 141 programs that we would California, the chairman of the Edu- promise the workplace. And they are like to see eliminated or reduced this cation and Labor Committee, well, he going to push a piece of legislation on year. Unfortunately, we don’t see that seems to have done a bit of a flip-flop the American worker that the Amer- happening. What we do see happening on the issue. He and several other lead ican worker does not want. is they are increasing your taxes, they sponsors of this legislation, just a few And again, looking at the poll that I are increasing spending, and now they years ago, for whatever reason, coun- have quoted from, when you ask the are going to limit your freedom in the seled the Mexican Government about question, tell me if you agree or dis- workplace. labor union elections. Let me quote agree with the following statement, And I yield to the gentleman from from their letter. every worker should continue to have Texas. ‘‘We understand that the secret bal- the right to a federally supervised se- Mr. HENSARLING. I thank the lot is allowed for, but not required by cret ballot election when deciding gentlelady for yielding once again. And Mexican labor law. However, we feel whether to organize a union, and near- we are going to have a very important that the secret ballot is absolutely nec- ly 9 out of 10 individuals think that the debate tomorrow in this institution essary in order to ensure workers are worker deserves that right. about whether or not the Democrat not intimidated into voting for a union You know, Madam Speaker, it is so majority will strip workers of their they may otherwise not choose.’’ interesting. We have moved away from fundamental right to the secret ballot I mean, this was sent by the sponsor the days of coercion and intimidation in labor union organizing elections. of this legislation. So 5, 6 years ago, he and union bosses that would beat up on But beyond that we know what is believed that Mexicans fundamentally people. That is how the National Labor next on their agenda. It didn’t take should have the right to a secret ballot Relations Board came about, when peo- them too long, about 2 weeks, to first in labor union organizing. But now, in ple sought to have relief from that type raise taxes on the American people; 2007, he wants to deny that very same of coercive, intimidating activity that and that is the next big debate that fundamental right to American work- would strike fear in the hearts of fami- will be taking place in this institution. ers. I don’t get it, Madam Speaker. lies and fear in the hearts of workers. It is all about the budget. And how sad, how very, very sad that What has changed? Now, everybody in this House, both in this year and in this time, and in Well, what has changed is clearly, Republican and Democrat alike, will this 110th Congress, we would take number one, declining union member- all tell you they want to balance the steps that would return to those ways ship and an election. And I understand budget. And you know what? I believe that would limit the freedom of men elections have consequences, but the each and every one of them. But there and women who have chosen a profes- American people need to be watching is a very, very different way to go sion, chosen a career, chosen a job that very, very closely, very closely what about it. they want to perform and would place this is all about, because my guess is Today the debate in the House tends them under the heavy-handed fist of a to be whether or not tax relief that has most of them did not vote to fun- union boss who would seek to challenge been granted over the last 5 years was damentally deny Democrat rights to their viability in the workplace and a good thing or bad thing. Well, guess American workers, to fundamentally who would seek to challenge their free- strip them of their right to a secret dom. what? We put tax relief into the econ- ballot on whether or not they care to It is my hope that more of our Mem- omy on this end, and let’s see what join a labor union. And so I hope, bers will become familiar with the sta- comes out on the other end: 7.2 million Madam Speaker, that the entire atten- tistics on this issue, and the desires of jobs; 7.2 million Americans who used to tion of America will be on this body to- the American people, and will realize not have work now have work. How morrow. there is nothing in this legislation that many of them used to have to settle for Again, 90 percent of Americans be- speaks to free choice at all. That is a a welfare check, but now they have a lieve fundamentally you ought to have fancy, dressed-up name for card check, paycheck? the right to a secret ballot in these which is a fancy, dressed-up name for a How many took from the system, elections. Survey after survey of work- return to worker intimidation and co- from unemployment and food stamps ers, including unionized workers, be- ercion. And it is unfortunate that we and Aid to Families with Dependent lieve this as well. But apparently the see it happening here in this body. Children, who now get to pay in the Democrat majority and labor union One of the things that we do, that we system because they have a paycheck? bosses who put all kinds of money into put a focus on when we talk about our We have one of the strongest econo- these races believe otherwise. And so it job here and our work here, and those mies that we have had in decades. We will be a very significant vote on this of us in the Republican Study Com- have one of the lowest unemployment House floor tomorrow. mittee as we gather and we talk, we rates we have had. All of that was due Will this body stand for democracy? talk a lot, Madam Speaker, about what to tax relief. Will this body stand for the secret bal- are we going to do to preserve this And, Madam Speaker, for purposes of lot? Will this body stand for American great union. What are we going to do this debate, and this is a very impor- workers? Or will this body stand for to protect its sovereignty? What are we tant point, and don’t take my word for labor union bosses who want to get going to do to extend individual free- it, go to the United States Treasury. their hands on more worker money? doms? How do we make decisions that Tax rates have been lowered, and guess And with that I would be happy to are going to be so that we are certain what? We have more tax revenue. We yield back to the gentlelady. that we extend the opportunity for have more tax revenue than we have Mrs. BLACKBURN. I thank the gen- prosperity to future generations? ever had in the history of the United tleman from Texas. And I can honestly say, increasing States of America. And, Madam Speaker, as he said, it government spending doesn’t do that. Now, how can that happen? Well, took 2 days to go about raising spend- Increasing taxes on our families does maybe it is difficult to understand in ing. Within a couple of weeks taxes not do that. Increasing taxes on our Washington, D.C., but it is pretty easy were raised. We have seen those taxes children and increasing the debt that to understand in Tennessee Colony in be raised on the American worker to they are going to bear does not do that. Anderson County, Texas, that I have

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4837 the pleasure of representing in the Just think about it, Madam Speaker. And as my colleague from Texas said, United States Congress. If you will There will be no United States Ma- we have more workers than ever in the allow farmers and ranchers, if you will rines. There will be no Border Patrol. American workforce at this point in allow small business people, if you will There will be no student loans. There time. There are more Americans than allow American families to keep more will be no airport security. ever holding a job and getting a pay- of what they earn, guess what? They If we don’t take fundamental steps check. And over the past 4 years, we will save. They will invest. They will now to end wasteful, unaccountable, have seen the addition of 7.2 million go out and create their American runaway spending in Washington, D.C., new jobs to the U.S. economy. Now, dream and put a new automobile trans- that is the future we are facing. The these are not new hires. These are new mission shop on one street corner. Comptroller General of the United jobs, newly created jobs. And, Madam They will add another couple of jobs at States has said in testimony before the Speaker, I think that that is important a barbecue stand. And guess what? Budget Committee that we may be on for us to put the attention on. These They create jobs of the future, and we the verge of being the first generation are jobs where a business owner sits have more revenue. in America’s history to leave the next down and says, ‘‘I can create a new po- Now, Madam Speaker, some people generation with fewer opportunities sition. We have our taxes down. We may reject this theory. You can’t, you and a lower standard of living. have seen some regulatory relief. We may have your own opinion, but you b 1545 are doing well. We see growth in this are not entitled to your own facts. You Madam Speaker, I don’t plan to be a business. We see a future that indicates cannot debate that we have more tax growth.’’ So they create a new posi- revenue. But some people don’t see a part of that, and I am going to do ev- erything I can to fight this on this tion, and they hire someone to fill that link between job creation and tax re- position. That is how we get business lief. House floor. So those who go around saying we must balance the budget and growth. That is how we get business ex- Even if I am wrong, Madam Speaker, pansion. if you will look at the Federal budget, those who won’t do anything to try to find ways to get better retirement se- And now we find that on top of in- if you will look at the Federal budget, creasing spending and on top of in- if we had a line item called tax relief in curity and better health care at a lower cost, what they are really telling creasing taxes, our friends across the the Federal budget, it is 1 percent, a aisle are saying, We want to let the little more than 1 percent of the entire you, Madam Speaker, is, I want to dou- union bosses get another hit at those Federal budget. Even if that money ble taxes on the next generation. I workers. We want to take away the was wasted, burned, buried and didn’t want to leave your children and your workers’ right to a secret ballot. We do any good to the economy, had no grandchildren with less freedom and want to infringe on that freedom in the connection to job creation, to home less opportunity. workplace that American workers ownership, to people being able to send Madam Speaker, how anybody can enjoy that was a hard-fought battle their kids to college, it is about 1 per- look themselves in the mirror and do decades ago, and we want to com- cent of the budget. that, I don’t know. Again, that is the My point is if you want to do some- magnitude of the tax increase that promise that and give big labor a win.’’ thing about the deficit, your focus Democrats are going to have to have if And that, Madam Speaker, is how the needs to be on the spending side. We they won’t join us in a bipartisan fash- liberal elites couch this battle. It is, as have a deficit not because we are ion and do something about out-of-con- was said in the letter that I read, a re- undertaxed; we have a deficit because trol entitlement spending. It will be a turn to coercion and intimidation. It is we are spending too much. massive tax increase the likes of which something that in the 21st century we And listen, I take a back seat to no America has never seen before. And should not do. I do personally consider one as far as my concern about passing once they impose that tax increase on it an inappropriate step for this House. debt on to future generations. I am the the American people, how many of our This House should be focused on how father of a 5-year old and the father of children will be able to send their chil- do we expand freedom? How do we ex- a 3-year old. But even if we were to bal- dren to college? How many of our chil- pand hope? How do we expand oppor- ance the budget today, and thanks to dren will be able to realize their Amer- tunity? And how do we make certain Republican progrowth economic poli- ican Dream and start their first busi- that every man, woman, and child has cies, we will balance the budget, it has ness? How many of our children will be their shot at the American Dream in a very little to do with spending dis- able to buy their first home when this safe, free, and productive country. cipline. We know we don’t find any of body doubles their taxes for refusing, f refusing, to do anything to stop run- that among our Democrat colleagues. THE 30-SOMETHING WORKING away spending? It has everything to do with tax rev- GROUP enue growth. So, Madam Speaker, that is where But even if we were to balance the the fight is. That is where the fight is. The SPEAKER pro tempore (Ms. budget in the next few years, as my Republicans want to try to reform. CLARKE). Under the Speaker’s an- colleague from Tennessee has indi- Democrats want to raise taxes, but nounced policy of January 18, 2007, the cated, in Washington, D.C., tax relief is they don’t own up to the magnitude of gentleman from Ohio (Mr. RYAN) is rec- temporary, but spending is forever. So the tax increases. But the future of our ognized for 60 minutes as the designee much spending has been put on auto- country is resting upon this debate, of the majority leader. matic pilot. And it just doesn’t grow and I hope the American people will Mr. RYAN of Ohio. Madam Speaker, I horizontally, it grows exponentially. watch very, very closely. appreciate the opportunity to be here If we don’t do something now to re- Mrs. BLACKBURN. Madam Speaker, on the House floor to kick off another form the spending patterns in Wash- reclaiming my time, I thank the gen- segment of the 30-something Working ington, D.C., the next generation will tleman. As he has pointed out, in the Group Special Order, soon to be joined face a nasty fiscal fork in the road. 2006 budget we had reduced spending by by a group of 30-somethings in the And don’t take my word for it. Go to $40 billion. It was called the Deficit Re- Democratic Caucus to address issues the General Accountability Office, the duction Act, a first step. Our col- pertaining to not only young people Office of Management and Budget, the leagues across the aisle immediately throughout the country, but citizens of Congressional Budget Office. They will increased spending in what was to have our country and the kind of leadership all tell you the same thing. We are on been a continuing resolution. that the Democratic Congress is pro- the verge of either having to double Then we look at taxes. We reduced viding here. So I appreciate the oppor- taxes on the next generation or prac- taxes, which stimulated the growth of tunity to be here. tically cut out the entirety of the Fed- the economy and growth of jobs. Our Several issues that have been dis- eral Government except Medicare, colleagues across the aisle have al- cussed prior to this by our friends on Medicaid and Social Security. ready raised taxes by $32 billion. the other side that I would like to at

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4838 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 least comment on. The first one is: The So this Employee Free Choice Act are dealing with China, when we are economy is going great. will allow our folks, our workers, to dealing with India, when we are dealing I read an article with great interest merely sign a card. And if half sign with some of the Asian Pacific coun- today out of The New York Times. The that they want to start a union, it is tries, we try to lift up the standards. It title is ‘‘Growth in U.S. Economy is basic democracy at the workplace. You doesn’t do us much good to clean the Slower Than Thought.’’ This economy will be able to start a union. air in the United States of America and is only growing at 2.2 percent, in large Here is the reason why there is so have dirty air in China. We are not measure, due to the fact that we much anxiety in the United States of making progress. So we have a long haven’t balanced our budget. We are America: We have had economic way to go. And I think what we are nowhere near balancing our budget be- growth, but if you are not in the top 1 doing this week is making sure that cause of the Republican leadership in percent, you are getting squeezed. If our workers in the United States of the House since 1994, and in the Senate you don’t have a lot of money in the America are allowed to do what we all and also in the White House. For many, stock market, you are getting do on election day, and that is join to- many years, the Republican answer to squeezed. And it took us almost 10 gether and vote, and they should be al- balancing the budget or trying to make years to raise the minimum wage for lowed to join together and to vote as our payments is to go off to China and average workers, and one of the first well. go to the banks in China and borrow things the Democratic Congress did One of the myths that we have with money from the Chinese government in under the leadership of the Speaker, the Employee Free Choice Act is, well, order to fund the increase in spending Speaker PELOSI, was to raise the min- you are going to have to sign a card that the Republican House, Republican imum wage to try to get everybody in and someone is going to know. Senate, and Republican White House on the game. If you want to sign a card or a peti- were pursuing. But here is what has happened: This tion to even have an election, you have And one friend, Madam Speaker, the is from 2000 to 2004. The red line that is to sign a card or a petition in order to gentleman from Texas, said that the increasing is productivity, the change even have an election to start a union economy has created 7.2 million new in productivity, the growth in produc- anyway. So we are not doing anything jobs. tivity percentage-wise from 2000 to that is not already going on. You are When President Clinton was in and 2004. You see a tremendous increase in either going to sign a petition to vote the Democrats balanced the budget in productivity. on it or you are going to sign a petition 1993 without one Republican vote, the Median income is the black line. It to actually create a union. And if you expansion years under President Clin- has actually gone down. So for the first are willing to stick your neck out to ton, we created 20 million jobs. Welfare time in history, increased levels of pro- have the vote, you are certainly going rolls were the lowest they had been. So ductivity have led to the decrease in to be willing to stick your neck out to you have to balance your budget, so median income. That means that our sign the petition in order to cast a bal- you stop borrowing money from China. globalization, although it may benefit lot to create a union. And we have got a lot of other issues certain people and certain sectors of b 1600 dealing with China as well. They are the economy, is leaving a lot of people So I think we are dealing with very manipulating their currency, Madam behind. troubling times. We need to make sure Speaker, and we are starting to gen- So if workers want to join together that we are representing all of our erate some support in the Democratic to say how do we be a part of the solu- country because, quite frankly, Madam Congress for addressing this issue. tion here, how do we try to increase in- Speaker, for the longest time in this China is not giving the proper align- come? I think we should allow them to country, the last decade or so, at least ment to their currency, and it gives do that. We are not saying they have from this institution here that we rep- them a 40-percent advantage to goods to. There is nobody intimidating any- resent in the House of Representatives, that they ship over here. And so if you body. there has been such a tilt, such an em- have a company in the United States of And my friend from Tennessee made phasis on cutting taxes for the top 1 America, like I do in Warren, Ohio, a mistake, Madam Speaker, when she percent. And you are not going to see called Wheatland Tube, and Mr. ALT- spoke. She was saying that the Na- the Democratic Party raise taxes on MIRE, who may join us here later, their tional Labor Relations Act and the Na- the middle class at all. raw materials cost as much as the tional Labor Relations Board were But if we have a choice to make be- product from China when it hits the there so workers didn’t intimidate tween borrowing the money from the shores of the United States, final prod- other workers to join unions. Chinese in order to fund our govern- uct, because there is a 40-percent ad- The whole premise of the National ment or asking people who are billion- vantage that the Chinese have, Madam Labor Relations Act is because busi- aires to pay a little bit more in taxes Speaker. ness folks in that time had a tremen- so that we can provide health care for So because these issues haven’t been dous advantage on firing workers and children, we are going to ask the mil- addressed, Wheatland Tube is laying off threatening workers. So we don’t run lionaires and the billionaires in the 30 or 40 people, white collar jobs. So from the fact that we want to allow United States to pay a little bit more our friends have not addressed any of people in the workplace to be empow- and to meet their obligation and to the issues. ered, and this is the reason we need to meet their responsibility to society. But they have been talking about an do it. They have benefited from the United issue that is near and dear to my heart, Now, as we do this, we also need an States stock market. They have bene- and that is the Employee Free Choice expansion of our international stand- fited from the protection of the United Act. This is a wonderful piece of legis- ards that we have. We have clean air in States military. They have benefited lation that is going to allow members the United States, and it needs to be a from the infrastructure. They have of a workforce to merely sign if they lot cleaner, but we have made great benefited from the Internet, which was want to start a union or not. And I progress. We need clean water in the developed from public research. They hope that our friends recognize why. United States. I am from the State of benefit from the vaccines. They benefit And I am from Youngstown, Ohio; so I Ohio where the Cuyahoga River caught from the Centers for Disease Control. find it funny when our friends start on fire because there was so much in- They benefit from public education. So talking about these big labor bosses, to dustry and pollution that it literally if we ask the wealthiest to meet their try to portray good, hardworking caught on fire. obligation and their responsibility, as a Americans who want to work for a de- We need to make sure that these beneficiary of this great society, to put cent wage and have health care, that standards that we have here in the back into our society in order to keep somehow that is wrong and somehow United States somehow are transferred the game going, we are going to need that is unAmerican. to the global economy so that when we to do that.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4839 And if you question the priorities of both worked at Fafnir Ball Bearing, health care benefits attached to them, the Democrats, all you need to do is which was a massive ball bearing fac- we need to start figuring out a way to look at what is going to happen in our tory in New Britain, Connecticut. It make sure that those folks get advo- supplemental, where there is going to employed thousands of people in the cated for here in this House. be an additional millions of dollars, to New Britain area and partnered to- And as you recited that long and im- the tune of $750 million, for health care gether with the Stanley Tool factory. portant list of achievements here in for children, Children’s Health Insur- Those two together employed over the House during the first 100 hours, ance Program. Do you want to talk 10,000 people in New Britain in its hey- that is all about that group of people. about priorities, Madam Speaker? day. That is all about making this House a Under the Republican leadership, 6 mil- The city looks very different today. place where those middle-class, work- lion children were eligible for the Those sites are either brownfields with ing-class folks get a voice: again, min- SCHIP program, but weren’t reg- nobody in them, or now sort of strug- imum wage; taking away the big tax istered. gling office parks. My office, which I breaks for the oil companies; starting So all we are saying is we are going inherited from Congresswoman JOHN- to lower the cost of health care; invest- to take every opportunity we can pos- SON, is in actually a site that used to ing in life-saving research. That is sibly get to make sure that those kids be owned by those manufacturers. bread-and-butter work for the middle get the kind of health care that they But the story that we are talking class. need and they deserve in the wealthiest about today is not necessarily a story The gist of it is this: This bill, the country on the face of this Earth in the of manufacturing, it is a story of the Employee Free Choice Act, tomorrow entire history of our planet, Mr. MUR- workers that were there. It is no coin- is going to level the playing field to PHY. cidence to me that as you chart the allow some of these folks that have And we don’t shrink from these. I history of our middle class in this been before Congress fighting for a would be happy to talk about our deci- country, as you chart the growing dis- very long time for that healthy middle sions that we have made here in this parity between those that are doing class to be able to continue to empha- Congress since we started several very, very well and those that are size and increase that voice. And that months ago to anybody who wants to struggling just to get by and cope with is as important as anything we do here listen. We passed the minimum wage the daily cost of their lives, I don’t because, as Mr. RYAN and Mr. MEEK increase out of this House with $1.3 bil- think that it is just a coincidence that and Ms. WASSERMAN SCHULTZ have lion in tax credits for small businesses during that time, as we have seen a been talking about on this floor night so that they can reinvest back into middle class vanish before our eyes, or in and night out for far too long, the their companies to keep the game at least become on the precipice of voices that have mattered here have going, to keep the economy going. vanishing, and you see that disparity, been the folks that have the big wallets We reduced and cut in half the inter- that gap between rich and poor grow that can pay the high-priced lobbyists est rates on student loans, which will bigger and bigger, that that has hap- to come in this building. And we don’t save the average person who takes out pened during the same time that we begrudge the work that people who ad- a student loan almost $4,500 over the have seen unionization rates drop vocate on behalf of people do here, but course of the loan. That is what the through the floor. Because the middle frankly, we need advocates here for Democrats did in the first 100 hours. class that my family came up through, folks that don’t have those dollars. We increased the minimum wage. We which is that working-class middle And whether we like it or not, unions cut student loan interest rates in half. class, the folks that are making in this country have done that job, and We repealed corporate welfare by about enough money to get by, enough they have done it well with decreased $13 billion. We are going to take that money to give their kids a little bit numbers because of a system we have money and we are going to invest it better chance at life than they had, but set up that ends up making it very dif- into alternative energy research. they are not doing enough to buy a sec- ficult for workers to organize. We put PAYGO on because we are ond home, they are not doing enough Mr. RYAN of Ohio. And this is not by signaling that we are going to make a to buy many luxuries, that group of any stretch of the imagination are we balanced budget a priority in this Americans, diminishing by the year, saying that workers don’t need to be House. Got to be done. Got to be done. doesn’t have a lobbyist up here. That flexible, unions don’t need to be flexi- We have implemented some of the rec- group of Americans doesn’t have a pool ble. We are now competing with the ommendations from the 9/11 Commis- of money in which they can employ globe. And our workers now, as we have sion report to make the country safer, people to advocate on their behalf here seen in large measure through the sup- and we allowed the Secretary of Health in this Chamber. pression of wages and everything else, and Human Services to negotiate down The group that has done that histori- this is a global workforce where just drug prices on behalf of the Medicare cally over time have been unions. They from 1985, where it was 2.5 billion peo- recipients. advocate to make sure that their ranks ple, now it is up to almost 6 billion in That is what you call governing. are swelled as well, but they also have the global workforce. So that in and of That is what you call moving an agen- been, frankly, the people that have itself increases the level of competition da forward. And that includes making been advocating year in and year out for our own workers, which has led to sure that these workers who work up here in this House to make sure the wage issue that we have to deal every day, work hard every day, go to that we have a healthy middle class. with and everything else. work every day, work overtime, lead And so I am fairly unapologetic So we are not saying that unions increases in productivity, that they about my support for the bill tomor- don’t need to be flexible. I come from can at least benefit a little bit from it. row, that we are going to basically an area of the country where we had a And I would be happy to yield to our level the playing field. I think that is lot of steel mills. Now there is just one fearless leader from Connecticut, the what you were talking about, Mr. or two left of the integrated variety, fighting Irishman, Mr. MURPHY. RYAN, is that we are not giving any un- and the tremendous, tremendous Mr. MURPHY of Connecticut. Thank fair advantage to workers, we are sim- changes that the steelworkers have you, Mr. RYAN. And it is quite an honor ply saying that we want to level the gone through. And I have a good friend, to be able to share the floor with a gen- playing field when it comes to organi- Gary Steinbeck, Madam Speaker, a tleman as articulate as yourself. zation in this country. And I think friend back home who is subdistrict di- I know where you are from, and I can that is the right thing to do for work- rector for the United Steelworkers in imagine that you have a lot of families, ers. But as a member of a family that Ohio, and the tremendous changes in probably including your own, that only has survived because of a society work rules that the steelworkers have shares the story of my family. My and an economy that once produced made in order to keep the industry great-grandfather and my grandfather jobs that had real pensions and real afloat. These folks are ready to sit

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4840 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 down and figure this out, and they ments and new bureaucracies. All we was going to cost a trillion dollars, know that. are talking about is take the existing they weren’t allowed to tell anybody. But our point is look what has been programs, take the existing set of rules So this Congress voted on legislation happening here. This is a chart, and make them fair. Make them fair. without all of the facts, and a major ‘‘Change in Share of National Income Give everybody a chance to compete. fact was the cost. But the point here is from 2003 to 2004.’’ The bottom 99 per- That is what increasing the minimum our friends not only passed that bill cent has had negative 2 percent change wage is. I mean, 10 years, while every without telling us all of the informa- in their share of the national income; other cost goes up and the minimum tion, they also put, as you said, a pro- the top 1 percent has seen almost a 2 wage stays where it is? Just bring it up vision in there that explicitly would percent increase in their share of na- to where it needs to be. Just match in- not allow the Secretary of Health and tional income. This is a structure that flation with your minimum wage. Human Services to negotiate down cannot stand, man. It cannot stand, Student loan rates. As the cost of drug prices on behalf of the Medicare man. This cannot stay the way it is. college goes up 41 percent since 2001, recipients. They didn’t leave it ambig- This cannot continue. well, let’s help families match that in- uous, they stated in the bill you’re not You can’t have this separation where creasing cost of higher education. allowed to negotiate down drug prices the top 1 percent is increasing their And the same thing with the Em- on behalf of all of these millions of sen- share of the pie and everybody else is ployee Free Choice Act. iors who want to participate in this getting reduced. You can’t have it. And b 1615 new drug benefit. so what we have tried to do here is Now did it have anything to do with bring some equity to the system and, Let us have our eyes open to what the pharmaceutical lobby being up here since we have been in Congress, in- the reality is on the ground for those so much and donating all kinds of creasing the minimum wage; cutting who want to organize. Let us recognize money, I will leave that for the Amer- student loan interest rates in half; in- how employers have changed some of ican people to decide. But the fact of vesting in stem cell research to try to their tactics, and let us give employees the matter is, within the first 100 hours open up another industry where we can the opportunity to operate on that that we got in, we changed that provi- create jobs for our kids, the next gen- same level playing field. sion. Once we passed it out of here, we eration; making sure we repeal the cor- That is what this is all about. This is need to get it through the Senate and porate welfare for the oil companies about taking the rules that we have hopefully the President will sign it. and invest that money in alternative and making them fair, not coming in But in our legislation we allowed the energy sources so we can open up a new and creating big new government bu- Secretary of Health and Human Serv- sector of our economy with research reaucracies to help these folks. ices to negotiate down drug prices. and health care and biotechnologies One of the most important things we We hear a lot about the free market, and alternative energy sources. We did here was the bill in the first 100 but what is a better representation of have a long-term agenda here by help- hours that allows the Federal Govern- the free market than allowing all these ing people today and open up these two ment to negotiate lower prices with consumers to join together and nego- new sectors. This can’t go on. We can’t the drug companies. That is a great ex- tiate down drug prices or anything else continue like this, Mr. MURPHY, and ample of one of the few instances where on behalf of the recipients. call ourselves the greatest democracy this Congress did create a new bureauc- Mr. MURPHY of Connecticut. You in the world. racy, and when they created it, they spoke earlier about the need for unions And when you go around the world set rules that disadvantaged regular, to be flexible. I couldn’t agree more. and you are trying to sell democracy average taxpayers and the senior citi- This is an inexorable march to a very and capitalism, that is not a very good zens who were supposed to benefit. new global economy, and nobody can argument. You know, that is kind of They created this big new health care deny that is happening, and we have to what a lot of countries in a lot of other program and created the rules to tilt ask our workers and the unions that parts of the world look like, where the the playing field in favor of those peo- represent them, just like we ask our top 1 percent get all the benefits, and ple who needed no extra help. employers, to figure out a way so the rest of the rest of their country This Congress has to be about taking America can compete in that new envi- doesn’t see the progress. those programs that are right there in ronment. Can I make one final point, because I front of our faces and making them You talked about the steel industry. am getting worked up. We only have work again. I think if we do that, we That is a remarkable instance. Actu- 300 million people in the country. We will live up to your mandate that we ally, not that remarkable; it happens don’t have the luxury of having a bil- cannot let this stand. more than I think people are given lion people like they do in India. We Mr. RYAN of Ohio. It cannot stand, credit for, of workers and industry don’t have the luxury of 1.3- or 1.4 bil- man. It cannot stand. I totally agree really coming together before this body lion like they do in China. We only with you. and singing a very similar tune. have 300 million people. So we need to The fact that our friends, and can We have to remember that as much make sure that everybody is on the you imagine our friends on the other press might be given to unions and the field playing for us, educated, skilled, side of the aisle, our Republican companies that they work for fighting and moving the country forward. This friends, who are deficit hawks, and over contracts, when it comes down to cannot stand, man. they are still talking about it. It is hi- it, both of them only are able to pros- Mr. MURPHY of Connecticut. Here is larious to hear, Madam Speaker, the per if the economy is strong and if what we are talking about here. So contradictory aspects of their words their company is strong. So on the vast how do we take that chart that you are and their deeds. There is still a lot of majority of this that they are going to showing there, which I agree cannot talk about, you know, being a deficit come and talk to this Congress about, continue to be the way that our society hawk and balancing the budget. they are going to advocate in their operates. We cannot be a flourishing It was the Republican party, Madam communities for, they are going to be democracy, we cannot be a flourishing Speaker, that started the Medicare pre- on the same page. economy if we have so many people scription drug bill. They originally said When you talk about that, maybe doing so poorly and a small group of it was $400 billion, then it was $700 bil- there is no better example than our people doing very well. So how do we lion, and then it was a trillion. And the health care system. You are talking go about changing that? night we voted on it at 3 in the morn- about it in the context of our new And I think the message is that we ing, it was a $400 billion bill. That was Medicare prescription drug program, are not talking in this Chamber about a good deal. Then we find out months but if we want to figure out a way to big new government programs. We are later it was actually a trillion dollars, compete in this world, we have to fig- not talking about creating new depart- and that the actuaries that knew it ure out why $1,500 of every car sold in

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4841 this country goes for retiree health to a lot of relationships in our country the bottom 99 percent, as I was showing care benefits compared to only a cou- and in our economy going forward. in the earlier chart, not do well, actu- ple of hundred dollars in Japanese Mr. RYAN of Ohio. To further our ally see a decline in income by 2 per- manufacturing plants. We have to fig- point, this is real median household in- cent. ure out a way to deal with the fact that comes as to why we need to do this. So what we need to do is move for- 16 percent of every dollar spent in this The Free Choice Act that we are going ward in a very comprehensive way, not country goes to health care costs com- to pass out of this House tomorrow, it in a radical way, but some of the stuff pared to 9 or 10 cents in most of the is not for the employers who treat we have already done. countries that we compete with. We their workers well which most are. It is Mr. MURPHY of Connecticut. I was put an exorbitant amount of money for a few people that are obviously get- asked a question at a Chamber of Com- into employee benefits and health care ting mistreated and they want to join merce meeting that I went to back in in general, which puts us at a tremen- together. Now that seems to me a basic my district last week. Someone chal- dous competitive disadvantage com- principle of our democratic society. lenged me and asked a question that pared to the rest of the world. That is This is real median incomes from went something like this. They said if something that employers, workers, 2000. In 2000, they were $47,500. In 2005, you had the choice to take a dollar and government officials, we should all be it is $46,300, a decline. This is what we put it back into the economy through able to agree on. We should all sit here are talking about. the private sector or through the pub- and try to tackle that very grave ques- Now you can either be in a position lic sector, which one do you think does tion of how do we get health care costs of power and say that is fine and you a better job at stimulating our econ- under control. That is the salvation of are not going to do anything about it, omy. I kind of didn’t understand the American manufacturers and American or you are going to be in a position of gist of the question. small businesses. Frankly, it is also power and say we are going to try to What he was getting at was this idea, the salvation of American workers and help, we are going to try to fix this. Do I think, that he thinks that people on unions. If we can figure out a way to we have all the answers, no. But we are this side of the aisle somehow think have that conversation, that benefits going to try to raise the minimum that government spending should be everybody. wage so this person may get a pay done for the purposes of stimulating We have given a lot of emphasis and raise. We are going to pass the Em- our economy. Listen, that couldn’t be put a lot of light on the fact that ev- ployee Free Choice Act, so maybe if further from the truth. What we want erything we have done here as part of you are having a problem and want to to do is decide on a set of services and that 100-hours agenda has had very join together and try to affect this sit- a set of priorities that the government large numbers of our friends from the uation, you can. We are not saying you will be a part of, and then find the Republican side of the aisle supporting have to, we are saying you can. money that is sufficient to pay for us here. You have the numbers right in And if you happen to be this same that. front of you. You can tell the story, family who has seen a decline and you We all agree that if we have our Mr. RYAN. have a kid in school and you are taking choice, every extra dollar goes right Sometimes government gets shed in out loans, we are going to cut the in- back into people’s pockets. Every extra a light that tries to accentuate con- terest rate loan in half to try to close dollar we have goes right back into the troversy, just as sometimes the rela- this gap a little bit because we are in a economy. All we need to agree on here, tionship between workers and their position of responsibility. We are not and it is a big all, is what those set of employers tends to be told in a manner here to give away the store, but we are priorities and services are. People in that accentuates adversity and strife. here to say there are issues where we my district think one of them should Well, in this Chamber, in my first 8 can help people. be investing in stem cell research. That weeks as a Member of Congress, it has You know what, if we have to ask is just my district. But they think you been remarkable the amount of bipar- somebody who makes a million dollars know what, one of the things that we tisan cooperation we have seen. It a year to help us do this, to invest in can probably do better together rather shows in the vote totals. Maybe it education, invest in the stem cell re- than separately, rather than simply doesn’t show in the headlines, but it search and invest in alternative energy through philanthropic contributions, is shows in the vote totals. resources, we have to do it. to take on some of the most insidious I think the same story can be told As a politician, as a Member of Con- and terrible diseases known to man. about the relationship between work- gress, I would love to go to all of my That is something they think we ers and employers in this country. I constituents and say you all get a tax should do. think there will be a bunch of people cut, and we are going to lower your It wasn’t agreed upon by this Cham- grousing about what comes out of this tuition costs, we are going to provide ber until the Democrats took back this House tomorrow, but I think in the health care for poor kids, we are going House and NANCY PELOSI took over the end, by leveling that playing field, we to retrain workers, and we are going to Speaker’s chair, but now we include it will stimulate a lot of productive coop- build roads and bridges, we are going to in the group of things that we think we erative relationships in our economy. provide for the defense of the country are going to do better together. I thank the Members of the 30-some- to make all this possible, and we are I think we all agree that every extra thing Working Group who have over going to have stable financial markets, dollar we have goes right back into the last 2 to 3 years stood up on this but we are also going to give you a tax this economy. But let us think about House floor to talk about the fact that cut. We are going to put a court system this. When we are talking about put- this place had to work together. I in place so that we have the rule of ting dollars back into the lands of mid- think a lot of sectors of our economy, law. dle class folks, lower middle class a lot of members of our community You know, one of the most expensive folks, working class folks, whether it is takes cues from what happens in Wash- things to do is have a justice system through tax breaks to small businesses ington. I think to the degree they see with police and sheriff departments that employ them, whether it is this place just being about Democrats and courts and judges and attorneys through a cut in the student loan inter- and Republicans fighting, then I think and public defenders and prosecutors to est rate, or whether it is through a they may reflect that in their oper- make this whole thing go, to enforce minimum wage bill that gives them a ations and in their daily life. I thank contract law. That is all expensive little more every week, we know that members of the 30-something Working stuff. All we are saying is we are trying every single one of those dollars is Group and other Members who have to keep this thing rolling, man. We going right back into the economy. talked about bipartisanship. I think have had a pretty good thing going on. Now that is, in part, because there is what has happened here in the past We just want to keep it going, and you not a lot of flexible income for people several weeks is going to be instructive can’t see the top 1 percent do well and in that situation today. Every dollar

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4842 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 they get has to go back into the econ- student loan interest rates in half so partner with them to do some of the omy. When you talk about tax cuts and kids will go to college and then have good work that can grow that new where they should go, you talk about these long-term sectors of the economy economy. new government programs and whether that are growing that they can move I disagreed day and night with the they should benefit the pharmaceutical into. pharmaceutical industry when I tried companies or whether they should ben- But if we do not have healthy, edu- to get Connecticut to be part of re- efit senior citizens, I will take middle cated citizens moving in, getting edu- importing prescription drugs from Can- class workers, I will take senior citi- cated, moving into college and helping ada, but you know what, we fought zens every time, not just because I us create this economy, all this is for hand in hand, arm in arm, linked to- think they are who we should be here naught. We need a lot more people cre- gether when we were trying to make sticking up for, but because I know ating a new economy than we did 50 Connecticut one of the first three that every dollar we put back in their years ago. States to invest in stem cell research pocket is going to end up at the local My grandfather worked in a steel because we knew that our pharma- florist, is going to end up at the local mill. He went to high school until 10th ceutical industry, we knew that our grocery store, is maybe going to end up or 11th grade. That was another world biotech industry were going to flourish being put into a local charity or com- ago, and unfortunately in this institu- if we helped plant some of the seeds munity group. We are talking about re- tion, if we start playing the same game with government funding because we cycling good community money when we have been playing for 50 years, and know in today’s economy that venture we are talking about trying to give a I think both sides, and I think we have capitalists are not terribly interested leg up, Mr. RYAN. recognized this because the minimum in funding some of those new biotech Mr. RYAN of Ohio. There was a funny wage bill that we passed had $1.3 bil- ideas, funding those new baseline phar- article in, I think it was Roll Call when lion in tax cuts for small businesses to maceutical research. So government in we first got in how frightened the reinvest back into their companies. that instance can spend a couple cents banks were about the whole student So the idea of if you cut taxes for the to grow a couple private dollars. loan deal. rich, they are going to invest back in So there is that way to sort of say the United States and create jobs, that enough is enough, we are going to do b 1630 is done. We know that. They get a tax something about trying to help citizens Because we have been talking about cut, and they invest it in Asia, okay. It get some cheaper drugs from Canada, possibly doing just direct student is your money; do what you want with we are going to talk about trying to loans, here is the government money, it. But let us not pretend they are use the power of the Federal Govern- here is a student, you give him the going to somehow build a factory in ment to negotiate lower prices, but money, he takes it and he pays you Niles, Ohio, and hire a thousand people. there are so many places we can co- back with a little bit of interest, boom, Not going to happen. operate. There are so many places that done. That sounds pretty efficient to And the Democratic philosophy, old you as a pharmaceutical industry, you me. one, not the one as we know from what as an information technology industry Well, the banks are upset because we have already done here, was if you can be part of growing this country. You know as well as I do that the they were worried that if we changed write a bigger check, somehow the reason that businesses are still here in the system as it was, that they were problem is going to go away. not going to make money, the banks, I think the king of leadership that the United States and the reason why businesses come to a high-cost area thanks to the student loans. And I am the Speaker is providing, and STENY like the Northeast is the workforce. We sorry, but we are not here to make you HOYER and Blue Dogs and JIM CLYBURN still have the best trained, most highly money. You want to talk about wel- and some of the newer members in the educated and, most importantly, most fare, you want to talk about getting on 30-something Working Group is there is productive workforce in the Nation. So the public dole, my God, you go out a middle way here. There is a way when we are investing in the minimum and compete with everybody else. We where we can raise the minimum wage wage, when we are investing in higher are not here to pay you 6 percent or 8 and give small business tax cuts. We education funding, I mean, we are in- percent on a student loan. We are here can cut student loan interest rates in vesting in what is the current and the to get a kid into college that cannot af- half and do stem cell research. We can future of this economy. ford it otherwise. That is our responsi- repeal corporate welfare that is going Mr. RYAN of Ohio. I agree, and there bility, and this kid is going to get a de- to energy companies who seem to be are so many fields that we need to ex- gree and then a master’s degree, and he doing okay, they do not really need our plore. It is nice to say, well, everyone is going to help us create this new $13 billion, and put that in alternative is going to go to college and do this economy. energy research. and do that, has my boy not done well, Here is what we are talking about There is a middle way here that we but there are a lot of other things that with cutting student loan interest are trying to negotiate that I think is I think have great dignity and great rates in half, the stem cell bill for stem 21st century government. contributions to our economy. cell research, and alternative energy, Mr. MURPHY of Connecticut. You By the year 2010, we are going to need repealing the corporate welfare. are exactly right, and that is where the 200,000 welders that pay pretty well, We have got to create new industries. American people are. There are folks and in my community I met with a vo- Whether you vote for the free trade out there that are far to this side of the cational school. They are starting at agreements or not, we are in a global political and ideological spectrum, and 13, 14, 15 bucks an hour. People told me economy, and we are competing with there are people out there that are far a story of a guy making 30 bucks an China and India and the rest of the to this side, but you know where the hour as a welder with full health care world. As we see some of the tradi- majority of bread-and-butter Ameri- benefits. tional manufacturing move offshore, cans lie. They lie in that place where So as we pursue this college, we also some legitimately, some not so legiti- they are seeking some solutions here have to remember the community col- mately, because of what China’s doing that are part of that middle way, a lege pipeline, the vocational school with their currency, we have got to part of that third way. pipeline for truck drivers and welders come up with what the new industries In Connecticut, I spent 4 years as the and a lot of these other industries that are. So what we have tried to do is in- chairman of the Health Committee. In we continue to figure out how does this vest in the stem cell research and in- Connecticut, we have a lot of pharma- company, as China is expanding, how vest in alternative energies, the future ceutical companies, and we found a do we export and sell them something job creators, and then also make sure way to try to mitigate some of the del- and grow our employment base here. that college is affordable by increasing eterious influences that that structure So there are a lot of different things the Pell Grant and making sure we cut imposes on citizens, while trying to that I think we need to talk about that

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4843 the approach is so much different from shortage, and there are some programs we make sure that my goal, and I do what we are doing than our friends on that will help nurses with low-interest not know how long this is going to last, the other side. loans. If you are going to go into nurs- but my goal is to make sure we have Mr. MURPHY of Connecticut. If the ing, you get these low-interest loans to nurses and doctors and clinics in some gentleman would yield for a moment, a try to get minority and low-income of these schools. You have some of story for you. nurses and health care workers into these schools where 80, 90 percent of Mr. RYAN of Ohio. A good Irish the field. So there is another program the kids qualify for free and reduced story. that will go in and try to recruit and lunch, qualify for SCHIP. Let us put a Mr. MURPHY of Connecticut. I like get people in and help them pay for it clinic in there and tie it to the health sharing stories, an Irish story from my in order for us to get nurses and health care program, tie it to the wellness Polish mother. care workers in the underserved areas. program, make sure these kids are get- She tells a story about she was going That program, I think this is the one ting the kind of attention that they back to school to get some classes for that was zeroed out by the President in need, and in all the while, make sure her degree in teaching. She was getting his budget. Now, does that make any that we demand as elected leaders and some classes at the local community sense at all? We have a nursing short- leaders in our community, demand college, and she told this story to me age, and we have tremendous health from the parents to send your kids to when she came back from registration. issues for our kids and poor families school ready to learn, and you as a par- She was in a line to register for her that we need. As I said earlier, we have ent do your share, too. course, and there were a number of dif- only got 300 million people. We need This is not a one-way ticket where ferent lines to register for different them all on the field playing against we are going to do everything, or the courses. About three or four lines down China and India, that we are not going teachers are somehow going to have to from her, there was a gentleman who to make this little bit of investment do everything, but both sides. We need was waiting in line sort of nervously, into making sure that we get health to be innovative. We need to create thumbing through his pockets, sort of care workers in underserved areas? these new ideas and implement them counting the money in his pockets. He The health care system is already and reform government and make prop- got to the head of the line, and she getting skewed to the suburbs where a er investments in a balanced way, but could sort of see what was happening lot of these health care systems can the parents and the schools need to over there and realized that he was make money in the suburbs, and the also step up, and the parents espe- maybe $30, $40 short of the cost of that level of charity care in the cities are cially. The basic fundamental struc- particular class. He fumbled through going through the roof. ture of our society is the family. They his pockets. A couple of people behind So it does not make any sense not to need to step up, send their kids ready him tried to help him come up with the make those investments because the to learn, and provide their own per- money. He did not have it and walked yield that we are going to get is going sonal leadership. away, walked out that door. to be tremendous. Not only are you So I yield to my friend for some clos- What my mother said, and I agreed getting someone that otherwise would ing remarks. with her, was you can imagine the be less productive to be more produc- Mr. MURPHY of Connecticut. Thank courage that it took that young guy tive, they are in a field of nursing. you, and I do not know how long my who maybe had not been to school in a They are going to make decent bucks, career will last either, but it is start- very long time, decided this is it, I am going to pay taxes. Their kids are prob- ing here in my first 8 weeks in the going to go back, I am going to start ably going to go to college. I mean, House only because me and 100,000 down that path again, I am going to go this cycle continues. other people in northwestern Con- to my local community college, I am Let us get it going in a positive way, necticut decided things had to change, going to have the courage to step up not dissimilar to what is happening, there was no choice; that we could not and restart my education, and gets in like you mentioned, with the college sit back any longer and let the status the line and realizes he does not have tuition costs. Four hundred thousand quo go on; that we could not watch the the $380 that it costs to get that class. kids in this country qualify and have disparity between rich and poor, those That right there, that could be that the grades to go to college but do not doing well and those struggling to welder. That could be that information because they feel they cannot afford it make ends meet, could not watch that technology worker. That could be or they can afford it, one or the other, get any worse. somebody using the stepladder of edu- but either way it is an impediment for So what this election was about, cation to become part of this incred- 400,000 Americans going into college. what this first 100 hours was about, ibly productive economy. Now, would that not be great? what everything that comes after that Because we still have barriers to in- These are the kind of issues that I is about is about restoring that bal- creasing your educational opportuni- think we need to fix, and to ask a mil- ance. So for all of the challenges that ties, to being a more productive mem- lionaire to pay a little bit more, I we put before this House during the ber of our workforce, we handicap our- think, is a lot better than borrowing it time we spend here, for as many charts selves. We handicap ourselves. from China, which is what we are doing that paint a gloomy picture, I mean, And I think of the story of that guy now, and there is a real decision that there is light on the horizon. The work over and over again when I think about we need to make. we have already done here means some- higher education funding, when I think We are talking about in our com- thing. about not only what that would mean mittee about streamlining the SCHIP You talked about the 400,000 kids for him personally, but what that program, you know, like when you that did not go to college because they means for our economy in general. Our qualify for free and reduced lunch, you could not afford it. Well, if we can get strength is our workforce, and if we do just sign your name, how many mem- this student loan bill through the Sen- not start investing in it, we are going bers of your family and what your in- ate and to the President’s desk, that is to have even more trouble than we are come is, and you qualify for free and almost $5,000 in savings. I bet you there competing in this global economy. reduced lunch. Well, we want to do is a good percentage of those 400,000 Mr. RYAN of Ohio. There is no ques- that for SCHIP so we make sure we are families that if they knew that college tion, and the more you get into this, covering all our kids, that they have ultimately, after they paid back all the more you see, and again it is not health care. their loans, was going to cost $5,000 that government is the only answer, You can argue about the situation of less, they would make the choice to go. but I will give you an example. parents and everything else, but you do Things are happening here which are We had today in our Health Appro- not blame the kids for that, and you going to make those concerns of mid- priations Committee, there is a tre- make sure they have got the kind of dle-class families tomorrow with the mendous nursing shortage, health care health care that they need. And how do Employee Free Choice Act and later as

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4844 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 the bills in the 100 hours come through honor to be seated there in the Speak- exception of an area at Laredo that is this process, they are going to make a er’s chair that has seated so many es- 15 miles, that are 15 miles of either side difference. teemed colleagues on both sides of the of Laredo, and that those 15 miles can Mr. RYAN of Ohio. I agree with you. aisle. And the kind of leadership that be constructed in the 2008 construction One more, with the SCHIP thing, I get has come from there back through his- season on up until December 30 of 2008, excited about this stuff because it is tory, the halls and the floor here echo that is the congressional mandate, really cool, but with the SCHIP thing with their influence, and the destiny of Madam Speaker. you will fill out your form, you do your America has absolutely been redirected That is the mandate that was passed free and reduced lunch, you will do by that seat and by that gavel, and will by a significant majority here in the your SCHIP deal and also start to get continue to do so. And I very much House of Representatives, and a man- letters from the Department of Edu- look forward to continuing to work in date that was passed by a vote that I cation at third, fourth grade as to what this capacity. do remember in the Senate that was Pell Grant number you will get as far I come to the floor this afternoon, 80–19. It was bipartisan, obviously. It as how much you will be able to receive Madam Speaker, to raise an issue here had very solid support. And the reason from Pell Grant based on your income. and carry on a discussion that is the that it had such solid support is this So these kids, this is the new way of most intense discussion item across physical barrier that is mandated by doing things. This is you do not just America. And I would challenge anyone Congress and signed by the President, spend the money. You change the psy- to walk into a coffee shop or a place of bipartisan mandate, House and Senate, chology of the kid and the family. work or anyplace where Americans Madam Speaker; these physical bar- If a kid in third grade who would gather to talk about the issues of the riers or these pairs of physical barriers, never think of going to college starts day, and you don’t have to change the double fencing and walls, are some- getting this Pell Grant, you qualify for subject, just stop and listen, ask a thing that is not an administrative de- $4,000 or $5,000 a year in a Pell Grant question and see what comes up first. cision; it is not something that is nec- when you go to college, not if, when, Maybe the weather, maybe a sports essarily prone to human failure or you know that kind of kid all of a sud- team. human error or human lack of will to den is now thinking about college or But when it shakes down to it, enforce. If you put those barriers in trade or something. Madam Speaker, and we have talked there, they are going to do some good about all of the amenities and the nice- regardless of whether there is anyone b 1645 ties and the general discussion topics there that is maintaining and manning So we are trying to do this all in the that don’t have a lot of substance but and guarding them or not, which, of same way. And I hope that we recog- carry on the day, in the end, in Amer- course, we need to do. nize, I think as NANCY PELOSI has, ica we get down to one of two subjects, And any kind of a structure that we Madam Speaker, that America was and that is either the global war on put in place must be maintained, it great because we were the ones who terror on which Iraq is a principle bat- must be guarded, it must be manned. It wanted to be the best at everything. So tleground, or it is immigration. And needs to have sensors on it. But these why don’t we have the best health sometimes it is both. barriers will allow our Border Patrol care? Why don’t we have the best edu- And having just come back from an- officers and other backup enforcement cation? And let’s get down to business other trip to the border last week officers that we have to be able to re- and start doing it. about now a week ago, and having been spond in a more effective fashion. And Any questions for Members who are flush full of the things that I learned if they are going to defeat the barriers, listening, www.speaker.gov/ down there, I am compelled to come it will take time to do that. And if 30something is our Web site. E-mail is here to the floor, Madam Speaker, and they trip the sensors, and they should, [email protected]. raise the issue and begin to examine that will give our Border Patrol offi- And I have got to confess, I did not this subject and topic a little bit more. cers an opportunity to descend upon know your mom is Polish. I just fig- We have now, for about 3 years, had that site and make the kind of arrests ured you were 100 percent Irish. an intense debate and discussion on im- that are necessary so that the word Mr. MURPHY of Connecticut. It is migration, and there are those of us gets out that there are areas of this not a secret, Mr. RYAN. I am very proud here in this Chamber, in fact, this border at least that you had better not of my Polish heritage. I’m glad that it House of Representatives last fall try to cross. has come out into the open this after- voted to build a double fence/wall on Now, this area in San Luis, Arizona noon. the southern border, and laid out the is just south of Yuma. It is a commu- Mr. RYAN of Ohio. It is now public. distances, the locations and the dis- nity on the U.S. side that is as far And we yield back the balance of our tances from those locations. And, when southwest as you can get on the border time. calculated and totaled up, it becomes in Arizona. This is a location that has f clear that Congress has mandated, the had some rather permanent steel wall House and the Senate has mandated right on the border that has been there MESSAGE FROM THE PRESIDENT that there be 854 miles of at least dou- for some time, and we have added to A message in writing from the Presi- ble-walled fencing, a double fencing or that. Now, this permanent steel wall, dent of the United States was commu- a double fencing and wall constructed this is a steel landing mat, inter- nicated to the House by Ms. Wanda upon our southern border in priority locking landing mat that is welded to- Evans, one of his secretaries. areas, Madam Speaker. And last week, gether along that border, is being ex- f I went down to review some of the be- tended in both directions from San ginnings of that construction. Luis. And I reflect also in hearing the IMMIGRATION REFORM It also establishes a mandate that remark from the gentleman from Ohio The SPEAKER pro tempore (Ms. the Secretary of Homeland Security, (Mr. RYAN) that we need some 200,000 CLARKE). Under the Speaker’s an- Mr. Chertoff, will establish inter- welders by the year 2010 or 2012, I for- nounced policy of January 18, 2007, the locking cameras and other technology get which exact year that was. gentleman from Iowa (Mr. KING) is rec- along the border, and he has until May I have heard those kinds of cries for ognized for 60 minutes. 31 of this year to complete the con- help before, and I have lived through Mr. KING of Iowa. Welcome to the struction of the interlocking tech- those deadlines, and we always seem to Speaker’s chair and the gavel of the nology according to authorization of come up with the number of people we United States Congress. It is a big and the Secure Fence Act, and another need to do the job that is necessary. important thing to serve in this place, year to complete the construction of One of the things we do is we just sim- and it is always an honor to walk down the double fencing and that 854 miles of ply pay people what it is worth and here on the floor. It is absolutely an that priority area. And then, with the they show up to do the job. But if they

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4845 are short about 6 or 7 welders in 2010, that to the tune of $1,187,000,000 and over, under, or through. And that will they can get ahold of Secretary change. be the case as long as we have a fence Chertoff who picked up a welder down Now, that is the line item that has that doesn’t extend the full length of there and welded some of that steel been appropriated. That money goes to the border. Now, it is possible for us to wall together right on the border of only one thing, and that is securing our supplement those areas where there San Luis, Arizona. And that also was border with either technology or fence, isn’t a lot of concentration of pressure the case with Senator JOHNNY ISAKSON, and then the necessary support that it on the border with technology, with Senator BEN NELSON, Congressman takes to get that done. ground-based radar, with interlocking MIKE PENCE. And I am not sure, that is We followed through, we mandated cameras, with a quick response force, the ones that I saw, there were prob- 854 miles of fence and wall, double, and with teams that can go out and pick ably others that also lended a hand, as we have appropriated $1,187,000,000. people up in the deserts that have 25 I did, to weld some of that fencing and Now that is probably not enough to miles to walk to get anywhere where wall together. It was more symbolic complete the whole 854 miles, but, they can pick up any transportation than production, but symbolism does Madam Speaker, it is a great start. mode once they get across the border. matter in this business, and it helps And we have given a great start here in So we can use some of those kinds of encourage the people that are down Congress and created this inertia and methods, too, until it becomes ineffi- there building those barriers. provided the mandate, and now the De- cient in that approach and we have to And particularly, our National Guard partment of Homeland Security work- go back to extending the fence, extend that are down on the border, approach- ing with the National Guard has got a the wall, give the people on the ground ing 6,000 strong, they freed up at least beginning. some tools to work with. 500 on-line slots for Border Patrol I won’t say they have a great start or But continually, Madam Speaker, I agents that can be up-front patrolling. that they have even a good start, but get this answer when I ask our Border And they are constructing fence and they have a beginning. And it is great Patrol about the effectiveness of struc- wall with the time that they have to have a beginning. We are able to do tures like fences and walls, and that down there on the border. Their morale hands-on on the beginning. It is a tri- they need more boots on the ground. seems to be good. They act like they ple fence there south of Yuma in San And the answer is always: Whatever believe in their mission. I believe in Luis. you will do to fencing, there are places their mission. I am encouraged by the So as I ask the question, Madam where we need to do it in urban areas. fact that they are there, hands on, Speaker, of how effective are these bar- We don’t need to do it in rural areas. building, constructing, putting barriers riers that we are putting here in place, This is their answer. And, we always in place, because this Congress man- the answer that I get back down there need more boots on the ground. That is dated and the President signed, how- is: In that area they had interdicted 2 the answer. The answer really isn’t to ever unenthusiastically, he did sign the years ago 138,000 illegal border crossers build structure or to build wall. authorization of the Secure Fence Act in that area. And, since October, they b 1700 that mandates 854 miles of double fence had interdicted 15,000. Now, that is not wall on our border. quite apples to apples. You have to cal- Well, I take issue with that philos- And then, after the mandate and the culate it out so much per month, but ophy, and I do so because of looking at authorization, the authorization which you get the idea that it has been about it from a bit of a different perspective. is the mandate, then we heard contin- two-thirds effective at this point. And That bit of a different perspective ually from the critics across the coun- as I ask the question, has anyone come comes along like this. If we were to try, well, you will never fund it. And if through the area where we have this award contracts to companies and pay you never fund it, then it will never be triple fence, this 12-foot high steel wall them according to the level of effi- built. So it was only, the allegation made out of landing mat steel, the 16- ciency of being able to stop all human that it was only the part of Congress to foot high steel mesh wall. And that is traffic coming across their sector of just simply make a promise that we about 100 feet apart, and then as you the border, stop all contraband from didn’t intend to fulfill. And I heard come into the United States going coming across their sector of the bor- that criticism all the way through the north, then there is a 10-foot high der, force all products, all contraband, campaign season to November 7 and all chain-link fence like a school play- all people, legal or illegal, through the the way beyond that well into Decem- ground fence with about three or four ports of entry, that is our objective. ber, and I have heard smatterings of it bars on top, barbwire. Shorthand in That is what the laws that are estab- since then and questions that come Iowa as barbs. lished here in this Congress are about from the media. And at some point last And there, they said that maybe is forcing all that traffic through the month, Congressman DUNCAN HUNTER, about three people had gotten through ports of entry. who is the ranking member of the that area. And upon further ques- In fact, that is what the law pre- Armed Services Committee and former tioning, one or two through the water- sumes that they go through a port of chairman, and a real leader on this way, one or so around the end. Had entry. So anything we do to direct traf- fence on the border, and I and several anybody defeated the area where it is fic through the port of entry is the others, did a press conference. Actu- triple fencing? And the answer was, right thing to do. It has been a piece of ally, it was DUNCAN HUNTER and myself they will defeat anything we build. wisdom for this country for a long, on that particular press conference. They will find a way to get over, under, long time, well over 100 years. Yet we And we talked about how this fence or through it. And, of course, then the have people that argue well, no, we will be built and needs to be built and follow-up question is: Has anyone de- should just leave the border open, leave must be built, and it is a congressional feated it yet, this fence we are looking it unmarked. I plead sometimes, can’t mandate. at? And the answer is no. To date, no we at least string up a number 9 wire And I pointed to the line item in the one has gone over, under, or through and mark the border, so if you are out appropriations bill that funds the De- the triple fencing that is constructed in the desert you don’t wander across partment of Homeland Security, and there south of Yuma at San Luis. into another country. their overall appropriation is 34 point Now, I would like to hold that record There are miles and miles and miles something billion dollars. And in that intact. I don’t know that we will be of our southern border that are not 34 point something billion dollars is a able to hold it intact, but I think it is marked in any way whatsoever, not a line item for double fence and wall and important to note that that fencing wire, not a post, not a fence are not a the technology that goes with it, the has not been defeated yet. And, that as road, not a wall, certainly, and not a interlocking cameras and the other de- long as illegal border crossers have an double fence, and not a virtual fence, vices, and some of them now are option to go someplace else to go virtually nothing is there. In fact, lit- ground based radar, funding for all of around, they are not going to try to go erally nothing is there.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4846 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 If you go into some areas of New didn’t let anybody through, you are trol and the administration them- Mexico, when they laid out the border, going to get to keep the whole $40 mil- selves, their answer always is, we can the border is marked by a concrete lion, this year, next year, every year take some structures like some fences pylon that is about 5 feet high, poured that you have the contract. in urban areas, because that gives us on a base, about this big square, 5 feet We would be getting far more for our more time to react when they jump the high, tapers up, and has a little insig- money than we are getting today for fence, but it is going to take more nia on it that says this is a border. the $4 million a mile that we are pay- boots on the ground. That concrete pylon will be standing ing and the $8 billion that it costs us to I have tried and tried in hearings to on a ridge line, and then if you look guard that southern border. I can tell ask the question in a way that I can way down the border, you probably you that I would go down, and I would get an objective answer, what do we cannot see it from the naked eye, miles bid my 10 miles or whatever link it was have to do so it takes fewer boots on away. Over on the next ridge line will that I thought I could manage and han- the ground? I will pose this question be another concrete pylon, and that is dle. this way, and that is, if we created an another mark for the border. Then I would look at my contract for impermeable curtain that could not be I will say that I think many people $40 million, and I would think, you cut, it could not be torn, it could not have crossed through that area and know, for about $1.2 million a mile, I be penetrated, but a magic kryptonite never known that there was a mark for could build a concrete wall on here. I impermeable curtain that would go the border because they didn’t know could put double fencing in. Maybe by from all the way up to the heavens all where too look. These pylons, these the time I added interlocking cameras the way down to hell, and all the way, markers were set up back in those old and some sensors and some inter- 2,000 miles from San Diego to Browns- days with an old brass transit, with locking ground radar, I may be even up ville, if we could hang that there on whatever power they had to set the to even $2 million a mile to build my the border, couldn’t be penetrated, cross hairs up, dial it in and look down double-wall fence with interlocking couldn’t be cut, couldn’t be gone over, range and then give the motion to the cameras and sensors. Now what do I and it couldn’t be dug under, how many fellow on the other end, who did not have to do to make sure that no one Border Patrol would it take then to pa- have a walkie-talkie, did not have gets through my 10 miles of border? trol the border? I would submit that much optical equipment, but simply I would simply have to sit back and answer then becomes none except for hand signals. watch my monitors, have somebody any place where we would have ports of Go ahead, drive your stake in here. that is out there ready to respond if entry. We will put the pylon there. That is anybody does get through, but monitor I hope I have illustrated the logic of good enough for this border. But that is the situation, and we can monitor into why we need to build a fence and a all we marked it with, is just concrete Mexico. We can monitor when they get wall. This Congress understands it. pylons from ridge line to ridge line, over, if they should get over the wall, They voted overwhelmingly to support and there is not a barrier, obviously. in the United States, and do a quick re- it here in the House of Representatives So, if I were a contractor, and I were sponse and interdiction. just a few months ago, and the Senate, given the job to, say, guard 10 miles of I don’t think you are going to spend as slow as they are, to be proactive. As border, and if the benchmark are for a lot of money out of the remaining much as they like to let the hot coffee the amount of money that I would be $30-some million. I may have to back cool in the saucer of the Senate, they paid for that job would be the amount up here, for 10 miles, if you built 10 also moved, and three times they had that we are spending on the border miles, and you invest it all together up votes on the floor last year to put a today, that being $8 billion to protect to $2 million a mile, then you have $20 fence on the southern border. My very our southern border, and that amounts million invested in that 10 miles. But liberal Iowa Senate counterpart three to $4 million a mile, let’s just say I you have a $40 million contract every times voted to put a fence on the bor- were in the business of guaranteeing year. der, and that vote in the Senate was 80– border security for 10 miles across the Then you have got $20 million to 19. desert, and I went in and bid that at work with in order to hire personnel to Yet I am watching the undermining the going rate of $4 million a mile. drive around in Humvees and react, re- that is taking place on the part of, to Well, that would mean the Federal spond, interdict. I would submit that some degree, the administration. Also Government would pay me $40 million you could hire a helicopter for that 10 the chairman of the Homeland Secu- a year to guard that 10 miles of border. miles and do that if you needed to rity Committee is using his chairman- Now, what would a rational person do guard it that way. There is plenty of ship to undermine current law. I am if that were their job to get 100 percent money left over to apply the labor and watching the undermining that goes on efficiency? If they had a contract, the the patrolling and the maintenance for the part of some of the Democrat can- amount of that contract would be de- the fencing that would be necessary. didates for the presidency and people ducted by the number of failures that In fact, it would be minimal. It would who essentially don’t appear to believe you have? be minimal. It would take far less in American sovereignty. Let’s just say the average crossing of labor, far less manpower, far less equip- Well, something that we need to sim- interdictions last year across our ment, to monitor a border that has ply know in America is that you have southern border, 1,188,000. I mean, that sealed barriers, barriers. Some of those to make a decision if you are going to was the number reported by the Border barriers, to date, have not been be a nation. If you are going to be a na- Patrol of border interdictions, that breached by anyone. tion, and I will submit that over the many fingerprinted and returned back That is far more effective than sim- last 200 years, the most successful in- to their home countries. Perhaps ply an open desert that will allow peo- stitution of government has been the 155,000 of them were other than Mexi- ple to run through, drive through, ride nation state. Can you imagine going to cans. Most of the rest were returned through on a motorcycle or a horse or something other than the nation state? back to Mexico. a donkey or a Humvee or an ATV or Can you imagine going to the city That many fingerprinted, you could walk or run, daylight or dark, winter, states that we had at the beginning of divide that out, and I have not done well, not much winter down there, but the industrial revolution when Machia- the math. But you could figure out how in rain, when it rains, or in a sand- velli wrote his books, and when the cit- many came through each mile on aver- storm when the wind blows. I will be ies became the center point of govern- age, and then determine that if your far more effective to put the barrier in ment and control, and everything re- mile was successful, we are going to place. volved around the cities? What hap- pay you at your $4 million. Or if your Yet when I ask the question of the pened was that common languages 10 miles were successful, we will pay Border Patrol, be it the union or be it sprung up, and they began to be formed you at your $4 million a mile. If you the representatives of the Border Pa- and shaped by the people that had

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4847 trade in commerce and travel in a com- But the things that tie us together a national characteristic that came mon region. As the languages defined are a common history, common experi- from the country that they came from. themselves, the borders of the nations ences, common goals, a common cause. b 1715 also defined themselves along the lines But we couldn’t understand those of language. things if we didn’t have a common lan- One of the questions that I ask in my There came from that, the nation guage. This great experiment of Amer- district, I have a wonderful Dutch re- states, a common belief, a common his- ica has been founded upon a common gion in the northwestern part of my tory, a common form of communica- language. This common language ties district there in Iowa, and it is idyllic tions currency, language, tied people us together. communities that are the best com- together. They voluntarily moved to- Then as we look across the vitality bination that anyone could ask for, the gether and established the nation that we have within this country, this absolutely ideal combination of states. Of course, the nation states American exceptionalism that I men- churches to banks to bars in a commu- have changed and shifted over time. tioned a little bit earlier, you would be nity. Plenty of churches and a lot of We have tried to create unnatural na- thinking in terms of where did this capital in the banks and just a few bars, not hardly any. And their quality tion states. Yet here in America, we American exceptionalism come from? of life, and it is strong, and the young came together in these 50 States of the Why do we have it here, and why is children grow up and they expect to Nation State of the United States of that vitality nonexistent in many of build their future in those commu- America, and we are unique in all of the other countries that were donor nities. They are not taking that di- history. We are unique because what countries to the United States in the ploma and going somewhere else in the we have done is we have welcomed peo- form of the immigrants that they sent world to cash it in for the biggest pay- ple from all over the world. to us over the years, over the 200 to 300 check they can get. Some do. Many Let me point out that we continually years that we have received, accepted come home. Many stay home, rebuild hear the statement America is a nation and welcomed immigrants into Amer- and build their lives there and have of immigrants, and it is stated to us ica? their children there, raise their par- over and over again, as if because we I would look back at that and think ents’ grandchildren right there within are a nation of immigrants, then there- about my oldest ancestor that we can the same neighborhood. That is an fore we cannot have a rational immi- trace back, at least on my mother’s ideal circumstance that they have. gration policy that is designed to en- side of the family. One of them would And I ask them, how is it that you hance the economic, the social and the have been a gentleman by the name of have got such ideal communities here cultural well-being of the United Samuel Powell who came here, and he in the Dutch areas of Iowa, and I go States of America. was a Welshman who came over here in over to Holland, and there they have No, we simply have to open our bor- 1757 to become an indentured servant. abortion on demand, euthanasia, they ders, because immigrants came here He landed in Baltimore. He had noth- have prostitution, they have legalized and helped build America. If some is ing. He pledged to work for 7 years to drugs. They have one of the most lib- good, more is better. If some from any- work off his passage to the United eral countries in the world, one of the where is good, more from anywhere is States. So he worked in the stables to most permissive, but yet one of the better. That seems to be the logic and work off his passage. This gentleman most closed societies in the world the rationale. was kicked by a horse, crippled for life. where you could never go over there I would submit there is a lot more to We know that as there is a little and become a Dutchman. And yet so building an American exceptionalism hardbound book about it. many things that they do permit in than simply saying we are a nation of Still, through the course of his life- that very liberal society are things immigrants and that is all we need to time, he was the father of 17 children, that we would reject in our commu- know about this subject matter. No, and those descendents fanned out nities, and I have listed some of them. this is a very deep, very complicated across the country, and they added to Why is it then that we have such a subject matter that ties together ev- the vitality of America, as many of the wholesome, rich community in an area erything we know about history, every- children of immigrants and the chil- that I have described in western Iowa, thing we know about human nature, dren of immigrants have. and we have the different environment everything we know about sociology But there was something in the vital- in Holland entirely, and especially in and biology, and the common sense of ity of Samuel Powell, that vitality the communities like Amsterdam? And geographical origins that come along, that is a component that exists within their answer to me, with only a little and the commonalities of language, many, many of, and I will say most of, bit of sense of irony is, well, the good common interests, those things all tie and perhaps almost all of those who Dutch came here. us together. come to America. That vitality gives And, Mr. Speaker, I tell this story be- But what we have done here in Amer- them the courage and the confidence, cause it identifies the source of Amer- ica, founded a nation upon the rule of the fortitude and the adventuresome ican exceptionalism. The good Dutch law, perhaps I will get to that a little spirit to get on a ship with everything came here. So did the good English, so bit later. that they have, mortgage their future did the good Spanish, so did the good But we are tied together by a com- for their passage, and come here to French, so did the good Norwegians mon language. That is something that reach for their dreams in the United and Swedes and Germans and Irish and is not unique to the United States, a States of America. all the way down the line. Western Eu- common language has defined nation That vitality that gave them that rope were the first big donors to this states from the beginning. When we get courage and that confidence, that bold- American society that we have here. away from the common language that ness of spirit was like a filter that And we have also picked up a signifi- fractures the nation state, and you be- skimmed the vitality off of the other cant amount of exceptionalism and vi- come squabbling minorities that are civilizations and cultures around the tality from our neighbors to the south. bickering against each other, forming world. As they got out of Ireland and And so I want to point this out and and shaping ourselves in ethnic en- Sweden and out of Germany and out of emphasize in a very serious way how claves and pitted against each other Italy, and as they came from other important it is that we be smart and because one side of this aisle believes places around the globe and came here, we be careful with our immigration in rights of group rights and and certainly out of Scotland and Eng- policy and understand that we are de- victimhood. land as well, and this goes back to our fining an immigration policy that The other side of the aisle over here history 100 years ago, as they came should enhance our economic, our so- believes in individual rights and per- over here, they brought that vitality cial and our cultural well-being here in sonal responsibility and the commonal- with them. Often we saw that vitality the United States of America in a self- ities of equal justice under the law. within them, and we identified that as ish way. Any nation state should have

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4848 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 that kind of an immigration policy. It this Constitution, and I will do so. It is because of illegal labor, we have got to should be promoting them. They an oath that I take seriously, and, in find another solution, that is no solu- should be building their future, what- fact, in spite of some of the news that tion. I ask them, point blank, I under- ever country they might be. has come down here, that we don’t stand how important this is to your in- We need to do it here. We need to set swear in to the new Congress on the dustry, but are you willing to sacrifice this American destiny on a glide path Bible, some of us do bring our Bible the rule of law in America to be sure that soars way beyond the aspirations down here and do swear in on the Bible, that it is convenient, and that you that I hear here in this place and that and we take that seriously, as did don’t have to go out and recruit for I even hear out in the streets of Amer- George Washington. And some of us, in labor someplace other than outside the ica where there is more optimism than fact, all of us, should add ‘‘so help me United States for people that will come there is here in this Congress, Mr. God’’ when we take that oath. into the plant? Speaker. We need to set our destiny But this Constitution is the founda- Wouldn’t you rather maybe pay a and control it from here, and we have tion for our law. And, in fact, it is the couple bucks more an hour and hire got to have a vision, we have got to descendant of the Declaration of Inde- people that are already here, hire some have a dream, and we need to under- pendence, the foundation for our law. of the 30 percent of America that are stand the foundations of what has It is the framework of justice in Amer- high school dropouts; hire some of the made us great as a Nation. And we ica writ large. It is the framework of 69 million people in America that are need to be looking for new things, new government in America writ large. And simply not in the workforce, but are of principles, new ideas, new tools that we need to adhere to the language that working age? might, just might, supplement the is here and the intent that is here and We only have about 6.9 million work- time-honored tradition and principles the original text that is here in this ing illegals in America, Mr. Speaker, and tools that were gifted to us from Constitution, Mr. Speaker. and we have 69 million nonworking, God through our Founding Fathers And I continue to intend to do that, not in the workforce, Americans. So that are the foundation of this great and I am sworn to uphold this rule of wouldn’t a logical Nation just look Nation. law. And so when I go back to my dis- around and say, well, let’s try and hire? But American exceptionalism is one trict, and we have had a finally, at long First we would go hire some of those of them. The foundation of the rule of last, a Department of Homeland Secu- folks that are on unemployment. And law is another one, Mr. Speaker. And rity raid on some of the meat packing we are not at a historically low unem- in spite of all of the things that we around my neighborhood, within the ployment level. That was 1.3 during read about in our history and so much adjoining States and within the State World War II. And I recognize that was of the glorious past and some of the of Iowa, and about 1,282 individuals all hands on deck. But still we have marginal, shameful events that took were picked up and loaded up, and quite a ways to go, and we can drop place in our history, this Nation has charges were brought against many of more than 3 points before we get down been a Nation that has been grounded them for immigration violations and to the levels of unemployment that we on, built upon, rooted in and a pillar of also for fraudulent documents and doc- had during World War II. But that is which is the rule of law. The rule of ument theft. When that happens, and not enough to fill the gap. And if we law is sacrosanct in America. And there were truckloads of hogs that take the people that are on welfare when we set aside the rule of law, it di- were stacked up waiting to go into the now and that are hirable, and maybe if minishes us all. It erodes everyone’s packing plant, and there wasn’t enough that is half, and that might be a lot, constitutional rights when someone labor there, and actually the plants you put those together with those that else is given a pass by the law. And so were temporarily shut down. The hogs are unemployed. If you take the 4.4 if we are allowed to drive down the had to stay on the trucks. There were percent unemployment and take that highway at 70 miles an hour in a 55- a few that were lost. Most were not so down to 1.3 percent, World War II lev- mile-an-hour zone, and if we pass the badly treated. That is one of the ele- els, and then reach in and hire half of Highway Patrol, and even if they hap- ments we don’t talk about so much. those that are on welfare and put them pen to pull us over and they say, well, But also families were affected, chil- to work, you still don’t have enough you know, everybody breaks the law, dren were affected, and we have de- people there to replace the 6.9 million so I am not going to write you up on bated across that. working illegal immigrants in the this 70 in a 55 zone, then pretty soon But when I go before the pork pro- American workforce. But where you everybody drives 70, and they will push ducers and they say, we need to have can find them is to go into the 69 mil- it up to 75. If they don’t get a ticket at people in these packing plants to proc- lion nonworking Americans that are 75, then they may go 80. They will drive ess our livestock, we have got to have not in the workforce, many of whom as fast as they can until they get a market for the livestock that we are presumably healthy and can be scared. Then they will slow down a lit- raise, we have got to make sure that hired. tle. That is human nature, and we have they can harvest on the days they are And the answer that I get when I pro- known that from the studies on our supposed to be, and that meat can be pose that is, well, they aren’t in the highways. But too low a speed limit processed, packaged and delivered to right place. They don’t live where we breeds contempt for the rule of law, the meat case so we have got a contin- need them. They are not sitting there but enforcement of any speed limit uous supply and a continuous flow of next to the job. And so therefore, we breeds respect for the rule of law. our product, however urgent they sense should what? Let’s go 2,000 or 3,000 The same is so with our immigration that to be, however focused they are on miles away and go get some people out laws, Mr. Speaker, if we have immigra- the problem that is in front of them, of a different country and bring them tion laws that are not enforced, or the and remember, people have a tendency here, against the law, to replace the foundation of this rule of law is it ap- to look at the world through their need for a workforce that you could re- plies to everyone equally. So if our im- straw. It is rare for us to step back and place if you just simply went some- migration laws are not enforced equal- look at the big picture and try to add place else in America and put some ly to all people in this country, then up all the components, or look at the people in a car, on a bus, on a plane or also it breeds contempt for the law. world through somebody else’s eyes, let on Amtrak and send them down there. And if we allow the contempt for the alone look at the world through every- I mean, I can give you an example, law to be bred, then it undermines the body else’s eyes if we would could pos- Mr. Speaker. When the raid came in on rule of law, it undermines this Con- sibly do that. And that is partly my job the Swift and Company at stitution, and it weakens the rights of is to ask people to look at the world Marshalltown, Iowa, and they picked individuals. through somebody else’s eyes. up about 90 workers there, so presum- This Constitution I carry in my And so as they say, we need that ably there were 90 jobs that were open pocket all days. I have sworn to uphold labor, we can’t be shutting down plants at that moment, there was a couple, an

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4849 African American couple, from down in Mr. Speaker, I will point out that gov- law, that we should respect and protect the Dallas area that loaded up and ernment didn’t fail. It never was gov- and defend it, how could we, if this drove from Texas all the way up to ernment’s job. It wasn’t government Congress granted amnesty to law Marshalltown, Iowa, went to the H.R. that moved them from the gulf coast breakers in America, gave them a free office at Swift and Company and said, up to Milwaukee in the ’30s, and it pass at the encouragement and behest we would like to have a job working wasn’t government that moved the of the White House and the administra- here processing this meat. We drove a Okies from Oklahoma to California in tion, who are focused on this, at the long ways to get here, and now we the ’30s. It was the promise of jobs that encouragement of the left wing liberals would like to resettle to Texas, to relocated people. They did it on their in the United States Senate that are Marshalltown, middle of the winter, own. advocating for open borders because Texas to Marshalltown for those jobs. I mean, after all, that is how the ille- they know they can count the masses That kind of answers the questions gal immigrants got here, wasn’t it? of illegals whether they are here le- that there are jobs that Americans Billboards in Mexico. People migrated gally or not, whether they are ever al- won’t do. At least there is a personal- up and took the jobs. People move for lowed to vote or not, they know that it ized example of it, Mr. Speaker. And jobs. I have done it. Many of us have provides representation here on the statistically there are many. But the done it. In fact, most of us have done floor of the United States Congress. argument that the people aren’t in the it. And to imagine that Americans There are Members of this Congress right place doesn’t hold up. In fact, the can’t relocate to take a job is a pretty that won’t need more than 30,000 votes Okies weren’t in the right place in the weak position to take if you are going to be re-elected or elected to this Con- ’30s, and they loaded up the things that to set the direction for the destiny of gress. They are the ones that represent they had, like the Clampetts in a way, America. districts that are full of illegal immi- and went on off to California and built But the rule of law, the rule of law is grants that are counted in the census the economy out there, and they must a pillar, it is a foundation, it is essen- for reapportionment purposes. So my have been pretty good because the tial. And we are embroiled in a central 600,000 people, where it takes over economy blossomed in California after debate here in America on this rule of 100,000 votes to get re-elected in my the arrival of the Okies. And so people law. district even in a nonpresidential year, can be transferred for labor. Now, the Senate will be introducing has less representation per capita, the There was a mass migration from the legislation next week that will be com- citizens in my district have less rep- American South to the industrial areas prehensive immigration reform. That resentation per capita than the citizens in the Northern States that took place is White House language for we are in the districts that have high con- also about that era. And I recall that going to take some people that are centrations of illegal immigrant popu- as that migration took place, we saw here, and we are going to give them the lation, because we draw the lines concentrations of African Americans path to citizenship. And you are going around about 600,000 people. moving into the industrial cities. De- to hear an argument and a debate And if there are 400,000 illegals in a troit would be a good example of that. about what is the right, the just, the single district, that means there are Cleveland would be another good exam- true, the appropriate path for us as a only 200,000 citizens. And if they go to ple of that. They came and they took Nation, a compassionate Nation, yes, a the polls and register and vote, that the jobs and went to work. They were Nation that cares about all people, not means there might only be 50,000 of good-paying jobs. They did their jobs, just within the borders of the sovereign them that will actually vote that are and they raised their families there. State of the United States of America. of the age to vote and that will take And some of those young people went We care about the well-being of people the trouble to do so. That is a gross off to college, became professionals and all over the globe. distortion of the intent of our Framers, moved off. Others went back and went and it is clearly a distortion of the con- b 1730 to work in the same plants that their cept of our Constitution and it is a dis- parents did. No Nation has been generous as the tortion of the understanding of equal But I recall, Mr. Speaker, reading an United States of America has been. We representation that the taxpayers and article in the Des Moines Register have provided more resources for more the citizens of America expect from us. some years ago. They had gone into people. We have sacrificed more lives We need to address that. But before we Milwaukee and picked a 36-square- for liberty and freedom. We have do that, we are going to need to ad- block neighborhood in Milwaukee, and poured more treasure out to the rest of dress this amnesty issue, this amnesty it was a neighborhood that was totally the world than any nation in history question, that will be before the Senate inhabited by people or descendants of by any model or comparison that any- shortly and expecting to come over that migration from the gulf coast Mis- one can create or come up with or con- here to the House some weeks or sissippi area that came up into Mil- volute, for that matter. And yet we are months after that. waukee to take the brewery jobs that being accused of being a cold hearted, What is amnesty, Mr. Speaker? Well, were good-paying jobs then. Now, that unkind Nation because we have an obli- it is a simple question for a person was back in the ’30s, and now, by this gation to control our borders so we can from my perspective. If you have a law time, oh, about the turn of the last define ourselves as a Nation. and the law exists and someone breaks millennia, I will say, maybe 1998 or ’99, And I will argue that if we give am- that law, if you reduce or eliminate the they surveyed those, every house in nesty to the people that have broken penalty for the law that they have bro- that 36-square-block area. There wasn’t our laws and who are in violation of ken after the fact, you have provided a single working head of household in our laws and unlawfully present here them amnesty, whether you do it en all homes in that 36-block area. And on the soil of the United States, if we masse in a group or whether you do it the article was full of lament as to why grant them amnesty, we have kicked as an individual. I guess as an indi- government couldn’t figure out a way aside the rule of law. We have knocked vidual you could call it a pardon. I will to move some jobs up there to Mil- the pillar out, the foundational pillar, say amnesty is a mass pardon for peo- waukee and establish those jobs close from underneath this great citadel of ple who have violated an existing law enough to the people that lived there the United States of America. And if for which there is an existing penalty, that didn’t have work that they could the rule of law is gone, what then holds and if that penalty is eliminated or re- then have jobs again. up our values here? duced, then that is amnesty. Well, how did government fail the What then supports this Constitution Now, that is not a hard concept to people that are sitting in that 36- that I have put back in my pocket, Mr. understand. Something that I think square-block area, 6 blocks by 6 blocks Speaker? How do we argue ever again the vast majority of the American peo- in Milwaukee? How did government that there is a foundation that exists ple will understand. I am very con- fail was the focus of the article. And, that we should adhere to the rule of fident that Ronald Reagan would have

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4850 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 understood. He signed an amnesty bill to create a scenario by which we can ural progression. But they have no in 1986. It was one of only about two or turn a blind eye to illegal crossings on right and essentially have no birth three times that that great man let me the border. That is something that is right to cheap labor to enrich them. down. But at least he had the clarity sacrosanct that all of us should agreed America has been about expanding and the conscience to say this is an to. And I would challenge anyone to the middle class, making it broader amnesty bill. He called it an amnesty stand up now or later, and I would be and making it more prosperous. And bill. He signed it, and he also said, and happy to yield: Do you oppose the idea this immigration policy, or, I should we expected, that there would be en- that we secure our borders and seal say, a lack of enforcement on this im- forcement of existing laws. And what them so that all traffic will go through migration policy, is shrinking the mid- happened from 1986 was the enforce- the ports of entry? If anybody wants to dle class, compressing them so they ment of existing laws diminished oppose that, I will be happy to yield. I can’t make the upward mobility, and it gradually over time to the point where don’t think that is going to happen. is narrowing the middle class because in 2005 only three employers were sanc- That is number one. these 30 percent of the high school tioned for hiring illegal employees. Number two means we have got to dropouts that don’t have a high school Only three. enforce our employer sanctions, and education and a greater percentage Now, in this virtual world, I call that employers have to understand that if that don’t have a college education as virtually no enforcement in the work- they are going to knowingly and will- a cumulative total at least, those peo- place. Virtually none. In fact, when I fully hire illegals, then we are going to ple are dropping off into the lower class went down and welded on the fence, I have to knowingly and willfully, with too. really wanted a virtual welder and a our enforcement mechanisms, go in And where are their opportunities, virtual welding rod and a virtual hood there and punish the employers that Mr. Speaker? Where do they go to get so that I could weld some of that vir- have a business plan that is premised a job? How does someone with, say, my tual fence that I think will only vir- upon the hiring of illegal labor. And background, only the age of 17 or 18 or tually stop people in the end if we that happens all over this country. 19 or 20, get started in where my life don’t have the manpower in there to do I am watching it happen and it is per- has been, in the construction business? the job. And I think we have to put up meating us more and more, and our re- If I had walked out on the pipeline at literal barriers to get this done and we sistance is breaking it down more and age 19 and asked for a job to swamp on can’t rely on virtual anything because more. Do we have an amnesty plan for the bending crew so I could run 10 we will virtually go through a lot of se- employers that are paying corporate miles a day in the dust with a hard hat mantics, linguistic semantics, to be income tax off the profits that they on my head and get thrown around on able to reach our political goals, but made off the backs of cheap labor at the end of a piece of pipe in August the subject matter and the efficiency is the expense of America’s middle class? going through the cornfields, they what we need to be after here, the rule This middle class is forever shrinking wouldn’t give a job to a kid today, of law. some blue-eyed white kid that walked Amnesty. There can be no amnesty, because we are growing an upper class. and that is where this fight will turn. The elitists believe they have a right up there and wanted a job, because That is where this debate will turn. to cheap labor, the servant class, as there would already be some people That is where it is going to turn in the they see it, whether they admit it or there who had arrived in the United Senate, and I said last year that those not, and the growth of this lower class, States that were cheap illegal labor that supported an amnesty bill will be this servant class that is coming. that would work cheaper and give them marked with the scarlet letter ‘‘A’’ for No nation ever failed because of a less trouble and those that wouldn’t ‘‘amnesty,’’ and they will be held ac- lack of cheap labor. Can anybody look have a workers’ comp claim because countable by the voters in the ballot back at history and name a single na- they would be afraid they would be de- box. And the House and the Senate tion that didn’t have enough cheap ported. There wouldn’t be an unem- heard that call and the threat and the labor; so their economy collapsed? I ployment claim. They wouldn’t be any danger of those that came close to los- would say none. It has never happened unemployment, any workers’ comp. ing their jobs over there and the ones in all of history. But many nations There wouldn’t be any lawsuits. They that are worried about it in 2008. And have descended into a squabbling ca- would either show up on time or some- yet I heard we lost people here because cophony of minorities that couldn’t get body else would show up to take the they were for border control, and it is along, that didn’t have a sense of na- job. interesting to me that those couple of tionhood, didn’t have a sense of com- It is a lot less trouble to work with Members, only two that I can think of, mon history, didn’t have a common people that are living in the shadows were very strong on border security language, didn’t have literacy skills or because they are afraid that the spot- lost elections last fall. Their oppo- job skills but simply pulled the whole light will come on them. And so you nents, the ones who defeated them, system down and put pressure on the have a meek, docile labor force, and an also were advocating for strong border social services. employer that is making a rational de- enforcement and employment enforce- The wait that is there, we are grow- cision with his capital is going to go ment in the workplace. ing our lower class, that class that the that route. And we have enabled it here So I don’t think there is a case that elitists see as a servant class, and we in the United States of America, and anyone lost an election because they are growing our upper class because of now we have become dependent upon a were for border security. I think there the prosperity that comes really from pretty good size supply of illegal labor. were those that were jeopardized be- the Bush tax cuts that we have had for And every day that goes by, another cause they came late to the subject or 2001 and 2003. And as this growth con- person, another company figures out a they didn’t understand the conviction tinues, the upper class grows, they way to make some profit off of the ille- of it. But most, if not all, made some think it is all to their credit. Now, gal population that is here in the commitment at some level that they they earned a lot of it. They got their United States. are going to support it. Stop the bleed- education. They invested their money And I feel a little guilty that I sold ing at the border. Get it under control. wisely. They worked hard and smart my construction business to my oldest Push all traffic through the ports of and they made money, and I am glad son because he has to compete against entry; all human traffic, legal and ille- they are building their million dollar competitors who will be knowingly and gal; all product, both contraband and mansions. Maybe one day an older used willfully finding that avenue to hire legal product, through the ports of one will be a good place for me to spend that cheap illegal labor, and he has to entry we should support that in this my retirement. I am happy for them. find a way to be more efficient so he Congress unequivocally. And they will move out of a modest can compete against them because he There should be no effort to under- home so someone with a more modest is going to follow the law. I know he mine that and there should be no effort income can move in there. It is a nat- will follow the law. That is the way he

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4851 is raised, that is the way he believes, pay a fine. We could penalize them by ized by the Senate version. That would and that is his conviction. Those that making them learn English. be the cumulative total of all who were follow the law are at a disadvantage Penalize them by making them learn naturalized in the United States in all today because they are being under- English? I think that should be a privi- of our history. mined by people who premise their lege and a goal because that will give I thank you for your focus, Mr. business on hiring illegal labor. access to the American Dream. But if Speaker. And here we come to the financial in- you are here as a criminal, and there is f stitutions that are issuing credit cards an objection to that term, but if people to people that don’t have a Social Se- have come into the United States ille- CONTINUATION OF THE NATIONAL curity number. What an outrageous gally, then they have violated a crimi- EMERGENCY WITH RESPECT TO thing, to see large banking companies nal misdemeanor for illegal border ZIMBABWE—MESSAGE FROM THE decide they can find a way to turn a crossing, unlawful presence in the PRESIDENT OF THE UNITED profit and undermine our immigration United States, and that is punishable STATES (H. DOC. NO. 110–16) laws in the United States and essen- by deportation. That is the punishment The SPEAKER pro tempore (Mr. tially provide another avenue that is that needs to be there. There can’t be DAVIS of Alabama) laid before the going to encourage people to continue anything less. And to have them pay a House the following message from the to break the law, come here, stay here. fine of $1,500 when a coyote is going to President of the United States; which But amnesty, Mr. Speaker, is a cen- charge $2,000 to $3,000 for a trip into the was read and, together with the accom- tral question that is before us. Will we United States just says, well, the path panying papers, without objection, re- uphold the rule of law or will we kick to citizenship is for sale for $1,500. If ferred to the Committee on Foreign Af- the pillar out from underneath the you can scratch up the scratch to do fairs and ordered to be printed: United States of America? Will we that, we can give you a path to citizen- stand on the principle of no amnesty ship. To the Congress of the United States: no time for people who have come in And the United States Senate and a Section 202(d) of the National Emer- here illegally that we will uphold the lot of the liberals here in the United gencies Act (50 U.S.C. 1622(d)) provides rule of law, we will enforce it? And the States House would say, Fine. Here is for the automatic termination of a na- people who are going to advocate for your green card. Here is your path to tional emergency unless, prior to the amnesty, and it will be coming out of citizenship. Forget about that part anniversary date of its declaration, the the Senate and it is coming to this about breaking the law and getting President publishes in the Federal Reg- floor in here in the House of Represent- your reward for breaking the law, but ister and transmits to the Congress a atives sometime within the next few be a good citizen otherwise. How can notice stating that the emergency is to months, that path to amnesty needs to anyone who is given a reward for continue in effect beyond the anniver- be a trail of tears. breaking the law and gets to go to the sary date. In accordance with this pro- And that is a trail of tears that needs front of the line, how can they respect vision, I have sent the enclosed notice to be created by people on the streets the rule of law? to the Federal Register for publication, of America, in the homes, in the back- stating that the national emergency 1745 yards, in the schools, in the churches, b with respect to the actions and policies in the workplaces. They need to get on How can anyone who is given a re- of certain members of the Government their phones. They need to get on their ward for breaking the law and gets to of Zimbabwe and other persons to un- e-mail. They need to call their Mem- go to the front of the line, how can dermine Zimbabwe’s democratic proc- bers of Congress. They need to write they respect the rule of law? How can esses or institutions is to continue in letters to the editor. They need to call it be when you get stopped for speed- effect beyond March 6, 2007. the talk radio shows, write articles and ing, if they give you a ticket to speed, The crisis constituted by the actions get them printed. They need to gin up or if you get arrested for robbing a and policies of certain members of the their neighbors. They need to come to bank and they say, well, okay, but we Government of Zimbabwe and other the streets and stand up for the rule of are going to give you amnesty, take persons to undermine Zimbabwe’s law and oppose amnesty and put that the loot and go, be happy; but just for- democratic processes or institutions scarlet letter ‘‘A’’ for ‘‘amnesty’’ and get that one time we didn’t enforce the has not been resolved. These actions brand those that stand up for amnesty law on you, and so for now on respect and policies pose a continuing unusual here because if you stand for amnesty, the rule of law? Madam Speaker, it and extraordinary threat to the foreign you are opposed to the rule of law, and does not work that way. That is not policy of the United States. For these there is no other way to measure this. the nature of humanity. Humanity is reasons, I have determined that it is And you can’t say to someone you going to follow this path of least resist- necessary to continue this national are going to go to the back of the line. ance; if they see an opening, they are emergency and to maintain in force the They are not going to send them to the going to go. And if they have an oppor- sanctions to respond to this threat. back of the line. That is not in the tunity that we give them, that we GEORGE W. BUSH. heart or the head of the White House. grant them, they are going to take it. THE WHITE HOUSE, February 28, 2007. It is not going to happen. Those that And not only they will have con- f are here illegally, the only way they tempt for the rule of law, a million could go to the back of the line would back in 1986, that turned into 3 million IMMIGRATION CONCERNS be to have to go back to their home because of the phony identification and The SPEAKER pro tempore. Under a country and get into the line behind the corruption in the Reagan amnesty, previous order of the House, the gentle- the people that are legally in the line they and their descendants and their woman from Texas (Ms. JACKSON-LEE) from their home country. No one has friends and their neighbors, almost all is recognized for 5 minutes. advocated that, Mr. Speaker. That is of them believe that amnesty is a good Ms. JACKSON-LEE of Texas. Mr. not going to happen. They don’t want idea because they were the bene- Speaker, I was certainly listening to to disturb the lives of the people who ficiaries of amnesty; just like a bank my friend express himself on important came here to live in the shadows. They robber that gets to keep the loot issues. I believe it is important for this want to offer that they come out into thinks robbing banks is a good idea and floor and this Congress to really turn the sunlight and grant them a path to will go back and do it again if he runs on the light and have a transparent citizenship. And if that isn’t a blatant out of money. government. And so I will attempt this definition of amnesty, I have no idea Now, think about doing that with 12 evening to share some of my concerns what is. million or 20 million or, by the num- as they relate to a number of issues But there is actually a serious dis- bers that came out of the Senate the that I believe we have both the interest cussion about how we could make them last time, 66.1 million would be legal- of the American people in making it

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4852 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 transparent in its debate, but also an fere with the leadership of the United purposes, which was referred to the obligation, in some instances, to even States military and brass and leaders House Calendar and ordered to be save lives. on the ground in Iraq, but begin to give printed. First let me say that with all of the them the assignment of a strategic re- f missteps on immigration issues, there deployment of our troops. It is the is no route left for this Congress to right decision to make when you look LEAVE OF ABSENCE take other than to begin a debate on at the debacle of housing conditions for By unanimous consent, leave of ab- comprehensive immigration reform, returning injured troops, when you see sence was granted to: because until we get an orderliness the mounting numbers of 22,000, 23,000, Mr. INSLEE (at the request of Mr. with the individuals that are in this 25,000 severely injured troops, many of HOYER) for today and the balance of country and the securing of the border, them with brain injury, as we saw very the week on account of a death in the all of the frustration will continue. eloquently put forward by Bob Wood- family. And so I think it is the right step to ruff, who did a wonderful expose´ after Mrs. JO ANN DAVIS of Virginia (at the make to save lives of those who would himself being a real miracle of recov- request of Mr. BOEHNER) for the week come into this country undocumented, ery, to show the imploded brain inju- fleeing for an economic opportunity; of February 27 on account of medical ries of these soldiers. reasons. for the needs of the Border Patrol We are not there to babysit the in- agents in the northern and southern surgent violence and civil war violence f border, what I consider to be a plus-up. and possibly al Qaeda violence. We SPECIAL ORDERS GRANTED Inasmuch as the support system pro- should be engaged in the war on terror, By unanimous consent, permission to vided by the National Guard has a time but not as, in essence, a sitting symbol certain to end, we need to be construc- address the House, following the legis- for them to abuse and misuse. And lative program and any special orders tive and look toward comprehensive frankly, that is what the Iraq war has immigration reform. heretofore entered, was granted to: become. I want to add to that discussion what (The following Members (at the re- I applaud some of the diplomatic suc- I think is an injustice that has oc- quest of Mr. MCDERMOTT) to revise and curred to two particular Border Patrol cesses, determining how to organize extend their remarks and include ex- agents who now languish in jail be- the oil revenues, and some of the other traneous material:) steps that the Iraqi Government has cause they have been prosecuted by the Mr. DEFAZIO, for 5 minutes, today. made. They can continue to make that Department of Justice and the U.S. At- Mrs. MCCARTHY of New York, for 5 torney’s Office. After the U.S. attorney so that their reconciliation and the minutes, today. downing of the violence can be based prosecuted, he was heard to have said, Ms. WOOLSEY, for 5 minutes, today. upon a reconciliation diplomatic act. If I am sorry I had to do it, I wish there Mr. MCDERMOTT, for 5 minutes, was another way. Well, Mr. Speaker, there is a deployment time set, rede- today. ployment, it will give the generals on there was another way, and that is, of Mr. ALLEN, for 5 minutes, today. the ground the opportunity to secure course, there could have been adminis- Mr. LARSON of Connecticut, for 5 trative action. And that is the issue the area and as well make sense of this minutes, today. terrible, terrible incident. We need to surrounding the Border Patrol agents Mr. ISRAEL, for 5 minutes, today. who fired at a fleeing alien, undocu- end the war now and bring our troops (The following Members (at the re- home. mented, across the border, wounded quest of Mr. WESTMORELAND) to revise that individual, none of which I ap- f and extend their remarks and include plaud, none of which I believe that any RECESS extraneous material:) comments I make tonight sanction, Mr. JONES of North Carolina, for 5 but the harshness of 12- and 13-year The SPEAKER pro tempore. Pursu- minutes, March 5, 6, and 7. ant to clause 12(a) of rule I, the Chair sentences for what could have been an Mr. GINGREY, for 5 minutes, today administrative proceeding to fire those declares the House in recess subject to and March 1. the call of the Chair. individuals inasmuch as they were in Mr. PENCE, for 5 minutes, today. the line of duty, this act of a prosecu- Accordingly (at 5 o’clock and 54 min- (The following Members (at their own tion and jailing does not speak to the utes p.m.), the House stood in recess request) to revise and extend their re- sensibleness of addressing this question subject to the call of the Chair. marks and include extraneous mate- of inappropriate behavior, or, if you f rial:) will, out-of-procedure behavior that b 1900 Mr. WESTMORELAND, for 5 minutes, might have occurred in this instance. today. The real question is why did the U.S. AFTER RECESS Ms. JACKSON-LEE of Texas, for 5 min- attorney proceed for a criminal pros- utes, today. ecution? That needs to be corrected. The recess having expired, the House And I have asked the Attorney General was called to order by the Speaker pro f tempore (Mr. HASTINGS of Florida) at 7 for an explanation and a reason why ADJOURNMENT his U.S. attorney proceeded in that p.m. manner. Prosecutorial discretion was f Ms. SUTTON. Mr. Speaker, I move used wrongly. that the House do now adjourn. REPORT ON RESOLUTION PRO- The motion was agreed to; accord- Let me conclude by suggesting that VIDING FOR CONSIDERATION OF we are also wrongly in the Iraq war. ingly (at 7 o’clock and 3 minutes p.m.), H.R. 800, EMPLOYEE FREE There will be an opportunity forth- the House adjourned until tomorrow, CHOICE ACT coming to make a very serious and de- Thursday, March 1, 2007, at 10 a.m. liberative decision about whether we Ms. SUTTON, from the Committee on f continue the funding of this Iraq war. Rules, submitted a privileged report This is not in any way a diminishing of (Rept. No. 110–26) on the resolution (H. EXECUTIVE COMMUNICATIONS, the heroics and the work of our United Res. 203) providing for consideration of ETC. States military. I frankly believe, the bill (H.R. 800) to amend the Na- Under clause 8 of rule XII, executive through my legislation, the U.S. Mili- tional Labor Relations Act to establish communications were taken from the tary Success Act, and the plussing up an efficient system to enable employ- Speaker’s table and referred as follows: of diplomacy affirms that these indi- ees to form, join, or assist labor organi- 637. A letter from the White House Liaison viduals have done their job. zations, to provide for mandatory in- and Executive Director, White House Com- It is now time for methodical, delib- junctions for unfair labor practices mission on the National Moment of Remem- erative debate on how we do not inter- during organizing efforts, and for other brance, transmitting the fifth Annual Report

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 4853 of the White House Commission on the Na- mittee on Oversight and Government Re- 657. A letter from the Chief, Regulations tional Moment of Remembrance, pursuant to form. and Administrative Law, Department of 36 U.S.C.116 note Public Law 106-579, section 648. A letter from the Director, Office of Homeland Security, transmitting the De- 6 (b)(1); to the Committee on Oversight and Federal Housing Enterprise Oversight, trans- partment’s final rule — Security Zone; San Government Reform. mitting pursuant to the Office of Manage- Francisco Bay and Sacramento, CA [COTP 638. A letter from the Secretary, Depart- ment and Budget Memorandum M-07-01, the San Francisco Bay 06-616] (RIN: 1625-AA87) ment of Transportation, transmitting the Office’s Report to Congress on FY 2006 Com- received February 13, 2007, pursuant to 5 semiannual report of the Inspector General petitive Sourcing Efforts; to the Committee U.S.C. 801(a)(1)(A); to the Committee on for the period ending September 30, 2006, pur- on Oversight and Government Reform. Transportation and Infrastructure. suant to 5 U.S.C. app. (Insp. Gen. Act) sec- 649. A letter from the Chief, Regulations f tion 5(b); to the Committee on Oversight and and Administrative Law, Department of Government Reform. Homeland Security, transmitting the De- REPORTS OF COMMITTEES ON 639. A letter from the Federal Co-Chair, partment’s final rule — Security Zone; Poto- PUBLIC BILLS AND RESOLUTIONS Appalachian Regional Commission, trans- mac and Anacostia Rivers, Washington, DC Under clause 2 of rule XIII, reports of mitting the semiannual report on the activi- and Arlington and Fairfax Counties, Virginia committees were delivered to the Clerk ties of the Office of Inspector General for the [CGD05-06-008] (RIN: 1625-AA00) received Feb- for printing and reference to the proper period April 1, 2006, through September 30, ruary 13, 2007, pursuant to 5 U.S.C. 2006, pursuant to 5 U.S.C. app. (Insp. Gen. 801(a)(1)(A); to the Committee on Transpor- calendar, as follows: Act) section 8G(h)(2); to the Committee on tation and Infrastructure. Ms. SUTTON: Committee on Rules. House Oversight and Government Reform. 650. A letter from the Chief, Regulations Resolution 203. Resolution providing for con- 640. A letter from the Chairman, Broad- and Administrative Law, Department of sideration of the bill (H.R. 800) to amend the casting Board of Governors, transmitting the Homeland Security, transmitting the De- National Labor Relations Act to establish an semiannual report on the activities of the partment’s final rule — Security Zone; Sa- efficient system to enable employees to Office of Inspector General for the period vannah River, Savannah, GA [COTP Savan- form, join, or assist labor organizations, to from April 1, 2006 to September 30, 2006, pur- nah-06-053] (RIN: 1625-AA00) received Feb- provide for mandatory injunctions for unfair suant to 5 U.S.C. app. (Insp. Gen. Act) sec- ruary 13, 2007, pursuant to 5 U.S.C. labor practices during organizing efforts, and tion 5(b); to the Committee on Oversight and 801(a)(1)(A); to the Committee on Transpor- for other purposes (Rept. 110–26). Referred to Government Reform. tation and Infrastructure. the House Calendar. 641. A letter from the Chairman, Broad- 651. A letter from the Chief, Regulations f casting Board of Governors, transmitting in and Administrative Law, Department of accordance with the requirements of the Ac- Homeland Security, transmitting the De- PUBLIC BILLS AND RESOLUTIONS countability of Tax Dollars Act of 2002 (Pub. partment’s final rule — Security Zone; Pro- Under clause 2 of rule XII, public L. 107-289), the Board’s FY 2006 Performance tection of Military Cargo, Captain of the bills and resolutions were introduced and Accountability Report; to the Com- Port Zone Puget Sound, WA [CGD13-06-010] and severally referred, as follows: mittee on Oversight and Government Re- (RIN: 1625-AA87) received February 13, 2007, By Mr. GILLMOR: form. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 1221. A bill to provide for cancellation 642. A letter from the Under Secretary for mittee on Transportation and Infrastruc- of removal and adjustment of status for cer- Acquisition, Technology and Logistics, De- ture. tain long-term residents who entered the partment of Defense, transmitting the De- 652. A letter from the Chief, Regulations United States as children; to the Committee partment’s Annual Report for 2006 on the Im- and Administrative Law, Department of on the Judiciary. plementation of the Federal Financial As- Homeland Security, transmitting the De- By Mr. VAN HOLLEN (for himself, Mr. sistance Management Improvement Act of partment’s final rule — Security Zone Regu- EDWARDS, Mr. MILLER of Florida, and 1999, pursuant to Public Law 106-107, section lation; Tampa Bay, FL. [COTP St. Peters- Mr. JONES of North Carolina): 5 (113 Stat. 1488); to the Committee on Over- burg 06-036] (RIN: 1625-AA87) received Feb- H.R. 1222. A bill to restore health care cov- sight and Government Reform. ruary 13, 2007, pursuant to 5 U.S.C. erage to retired members of the uniformed 643. A letter from the Associate General 801(a)(1)(A); to the Committee on Transpor- services, and for other purposes; to the Com- Counsel for General Law, Department of tation and Infrastructure. mittee on Armed Services, and in addition to Homeland Security, transmitting a report 653. A letter from the Chief, Regulations the Committee on Oversight and Govern- pursuant to the Federal Vacancies Reform and Administrative Law, Department of ment Reform, for a period to be subsequently Act of 1998; to the Committee on Oversight Homeland Security, transmitting the De- determined by the Speaker, in each case for and Government Reform. partment’s final rule — Security Zone; Sa- consideration of such provisions as fall with- 644. A letter from the Under Secretary for vannah River, Savannah, GA [COTP Savan- in the jurisdiction of the committee con- Management, Department of Homeland Se- nah-06-037] (RIN: 1625-AA00) received Feb- cerned. curity, transmitting in accordance with Sec- ruary 13, 2007, pursuant to 5 U.S.C. By Mr. VAN HOLLEN (for himself, Mr. tion 647(b) of Division F of the Consolidated 801(a)(1)(A); to the Committee on Transpor- EDWARDS, Mr. MILLER of Florida, and Appropriations Act, FY 2004, Pub. L. 108-199, tation and Infrastructure. Mr. JONES of North Carolina): the Department’s report on competitive 654. A letter from the Chief, Regulations H.R. 1223. A bill to amend part B of title sourcing efforts for FY 2006; to the Com- and Administrative Law, Department of XVIII of the Social Security Act to waive mittee on Oversight and Government Re- Homeland Security, transmitting the De- Medicare part B premiums for certain mili- form. partment’s final rule — Security Zone; tary retirees; to the Committee on Energy 645. A letter from the Chief Financial Offi- Kingsmill Resort Marina, James River, Wil- and Commerce, and in addition to the Com- cer, Department of Housing and Urban De- liamsburg, VA [CGD06-06-010] (RIN: 1625- mittee on Ways and Means, for a period to be velopment, transmitting in accordance with AA00) received February 13, 2007, pursuant to subsequently determined by the Speaker, in Section 647(b) of Division F of the Consoli- 5 U.S.C. 801(a)(1)(A); to the Committee on each case for consideration of such provi- dated Appropriations Act, FY 2004, Pub. L. Transportation and Infrastructure. sions as fall within the jurisdiction of the 108-199, the Department’s report on competi- 655. A letter from the Chief, Regulations committee concerned. tive sourcing efforts for FY 2006; to the Com- and Administrative Law, Department of By Mr. WAMP (for himself, Mr. KIND, mittee on Oversight and Government Re- Homeland Security, transmitting the De- and Mr. INSLEE): form. partment’s final rule — Security Zone; Pro- H.R. 1224. A bill to amend section 1111 of 646. A letter from the Secretary, Depart- tection of Military Cargo, Captain of the the Elementary and Secondary Education ment of Transportation, transmitting the Port Zone Puget Sound, WA [CGD13-06-003] Act of 1965 regarding challenging academic Departments’ Report on Management Deci- (RIN: 1625-AA87) received February 13, 2007, content standards for physical education, sions and Final Actions on Office of Inspec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and for other purposes; to the Committee on tor General Audit Recommendations for the mittee on Transportation and Infrastruc- Education and Labor, and in addition to the period ending September 30, 2006, pursuant to ture. Committee on Energy and Commerce, for a 31 U.S.C. 9106; to the Committee on Over- 656. A letter from the Chief, Regulations period to be subsequently determined by the sight and Government Reform. and Administrative Law, Department of Speaker, in each case for consideration of 647. A letter from the Chairman, National Homeland Security, transmitting the De- such provisions as fall within the jurisdic- Transportation Safety Board, transmitting partment’s final rule — Security Zone; Pearl tion of the committee concerned. in accordance with Section 647(b) of Division Harbor and adjacent waters, Honolulu, HI By Ms. MCCOLLUM of Minnesota (for F of the Consolidated Appropriations Act, [COTP Honolulu 06-001] (RIN: 1625-AA87) re- herself, Mr. RAMSTAD, Mr. PAYNE, Mr. FY 2004, Pub. L. 108-199, the Board’s Report ceived February 13, 2007, pursuant to 5 U.S.C. SHAYS, and Mr. OBERSTAR): to Congress on the Fiscal Year (FY) 2006 801(a)(1)(A); to the Committee on Transpor- H.R. 1225. A bill to amend the Foreign As- Competitive Sourcing Efforts; to the Com- tation and Infrastructure. sistance Act of 1961 to improve voluntary

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4854 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 4 February 28, 2007 family planning programs in developing tion to doctors to partially offset the cost of consisting of certain public lands adminis- countries, and for other purposes; to the providing uncompensated care required to be tered by the Bureau of Land Management in Committee on Foreign Affairs. provided under the amendments made by the Tehama and Shasta Counties, California, and By Mr. JOHNSON of Illinois: Emergency Medical Treatment and Labor for other purposes; to the Committee on Nat- H.R. 1226. A bill to amend title 38, United Act; to the Committee on Ways and Means. ural Resources. States Code, to expand eligibility for the By Mr. KUCINICH: By Mr. HULSHOF: basic educational assistance program of the H.R. 1234. A bill to end the United States H.R. 1242. A bill to authorize reference to Department of Veterans Affairs; to the Com- occupation of Iraq immediately; to the Com- the Winston Churchill Memorial and Library mittee on Veterans’ Affairs, and in addition mittee on Armed Services, and in addition to in Fulton, Missouri, as the ‘‘National to the Committee on Armed Services, for a the Committee on Foreign Affairs, for a pe- Churchill Museum’’; to the Committee on period to be subsequently determined by the riod to be subsequently determined by the Education and Labor. Speaker, in each case for consideration of Speaker, in each case for consideration of By Mr. JEFFERSON (for himself, Mr. such provisions as fall within the jurisdic- such provisions as fall within the jurisdic- MELANCON, and Mr. TAYLOR): tion of the committee concerned. tion of the committee concerned. H.R. 1243. A bill to address ongoing small By Ms. WATERS (for herself and Mr. By Ms. VELA´ ZQUEZ (for herself, Mr. business and homeowner needs in the Gulf FRANK of Massachusetts): CROWLEY, Mr. ENGEL, Mr. SERRANO, Coast States impacted by Hurricane Katrina H.R. 1227. A bill to assist in the provision Mr. WEINER, Mr. NADLER, Mrs. MALO- and Hurricane Rita; to the Committee on of affordable housing to low-income families NEY of New York, Mr. MEEKS of New Small Business, and in addition to the Com- affected by Hurricane Katrina; to the Com- York, and Mr. RANGEL): mittees on Transportation and Infrastruc- mittee on Financial Services, and in addi- H.R. 1235. A bill to amend section 9 of the ture, and Financial Services, for a period to tion to the Committee on Transportation United States Housing Act of 1937 to ensure be subsequently determined by the Speaker, and Infrastructure, for a period to be subse- that operating and capital assistance is pro- in each case for consideration of such provi- quently determined by the Speaker, in each vided for certain previously assisted public sions as fall within the jurisdiction of the case for consideration of such provisions as housing dwelling units; to the Committee on committee concerned. fall within the jurisdiction of the committee Financial Services. By Ms. EDDIE BERNICE JOHNSON of concerned. By Mr. CLAY: Texas: By Mr. VAN HOLLEN (for himself and H.R. 1236. A bill to make permanent the H.R. 1244. A bill to amend the Public Mr. WICKER): authority of the United States Postal Serv- Health Service Act to establish the School- H.R. 1228. A bill to improve and expand ge- ice to issue a special postage stamp to sup- Based Health Clinic program, and for other ographic literacy among kindergarten port breast cancer research; to the Com- purposes; to the Committee on Energy and through grade 12 students in the United mittee on Oversight and Government Re- Commerce. States by improving professional develop- form, and in addition to the Committees on By Mr. KIRK (for himself and Mr. ment programs for kindergarten through Energy and Commerce, and Armed Services, MCDERMOTT): grade 12 teachers offered through institu- for a period to be subsequently determined H.R. 1245. A bill to amend title XVIII of the tions of higher education; to the Committee by the Speaker, in each case for consider- Social Security Act to provide coverage for on Education and Labor. ation of such provisions as fall within the ju- kidney disease education services under the By Mr. DAVIS of Alabama (for himself risdiction of the committee concerned. Medicare Program, and for other purposes; and Mr. ENGLISH of Pennsylvania): By Mr. GORDON (for himself, Mr. to the Committee on Energy and Commerce, H.R. 1229. A bill to amend title VII of the PRICE of Georgia, Ms. FOXX, Ms. and in addition to the Committee on Ways Tariff Act of 1930 to provide that the provi- HERSETH, and Mr. DEAL of Georgia): and Means, for a period to be subsequently sions relating to countervailing duties apply H.R. 1237. A bill to amend the Public determined by the Speaker, in each case for to nonmarket economy countries, and for Health Service Act to provide revised stand- consideration of such provisions as fall with- other purposes; to the Committee on Ways ards for quality assurance in screening and in the jurisdiction of the committee con- and Means, and in addition to the Committee evaluation of gynecologic cytology prepara- cerned. on Rules, for a period to be subsequently de- tions, and for other purposes; to the Com- By Mr. MEEHAN (for himself, Mr. termined by the Speaker, in each case for mittee on Energy and Commerce. SMITH of Washington, Mr. WYNN, Mr. consideration of such provisions as fall with- By Mr. GENE GREEN of Texas: HASTINGS of Florida, Ms. SCHWARTZ, in the jurisdiction of the committee con- H.R. 1238. A bill to amend title XIX of the Mr. WEINER, Ms. LEE, Mr. FRANK of cerned. Social Security Act with respect to meeting Massachusetts, Ms. MCCOLLUM of ´ the citizenship documentation requirement By Ms. VELAZQUEZ (for herself, Mr. Minnesota, Mr. PASCRELL, Mr. FIL- for children born in the United States; to the GUTIERREZ, Mr. WICKER, Mr. DUNCAN, NER, Mrs. MALONEY of New York, Mr. Committee on Energy and Commerce. Mr. RANGEL, Mr. CONYERS, Mr. OBER- FATTAH, Mr. RANGEL, Mr. SHAYS, Mr. By Mr. HASTINGS of Florida (for him- STAR, Mrs. CHRISTENSEN, Mr. BISHOP VAN HOLLEN, Ms. CORRINE BROWN of self, Mr. CASTLE, Mr. LEWIS of Geor- of Georgia, Mr. COSTELLO, Mr. SIRES, Florida, Mr. DAVIS of Illinois, Mr. gia, Mr. RANGEL, Mr. CONYERS, Mr. Mr. UDALL of New Mexico, Mr. WU, Ms. WASSERMAN SCHULTZ, Mr. SHIMKUS, Mr. TOWNS, Ms. WATERS, HONDA, Ms. JACKSON-LEE of Texas, KUCINICH, Ms. WATSON, Mr. PAYNE, Mr. THOMPSON of Mississippi, Mr. Mr. FATTAH, Mr. MEEKS of New York, Ms. MATSUI, Mr. BLUMENAUER, Mr. BISHOP of Georgia, Ms. CARSON, Mr. Mr. DEFAZIO, Mr. FALEOMAVAEGA, PASTOR, Ms. EDDIE BERNICE JOHNSON FATTAH, Mr. CUMMINGS, Mr. PAYNE, and Ms. SOLIS): of Texas, Mr. TOWNS, Mr. MARKEY, H.R. 1230. A bill to recognize the right of Ms. JACKSON-LEE of Texas, Mr. SCOTT Ms. NORTON, Mr. CUMMINGS, Mr. the People of Puerto Rico to call a Constitu- of Virginia, Mr. PATRICK MURPHY of ENGEL, Mrs. TAUSCHER, Mr. CLEAVER, tional Convention through which the people Pennsylvania, Mr. WYNN, Ms. MOORE Mr. PALLONE, Mr. ACKERMAN, Mr. would exercise their natural right to self-de- of Wisconsin, Mr. KUHL of New York, GEORGE MILLER of California, Mrs. termination, and to establish a mechanism Mr. CLAY, Mr. BUTTERFIELD, Mr. NAPOLITANO, Mr. MEEKS of New York, for congressional consideration of such deci- COHEN, Mr. JOHNSON of Georgia, Mr. Ms. MOORE of Wisconsin, Mr. JOHN- sion; to the Committee on Natural Re- AL GREEN of Texas, Mr. MOORE of SON of Georgia, Mr. WAXMAN, Ms. sources. Kansas, Mr. MEEK of Florida, and Ms. SOLIS, Mr. BERMAN, Ms. ROS- By Ms. EDDIE BERNICE JOHNSON of CORRINE BROWN of Florida): LEHTINEN, Mr. LANGEVIN, Mr. MORAN Texas (for herself, Mr. WU, and Mr. H.R. 1239. A bill to amend the National Un- of Virginia, Mr. OBERSTAR, Ms. SCHA- GINGREY): derground Railroad Network to Freedom Act H.R. 1231. A bill to enable the awarding of of 1998 to provide additional staff and over- KOWSKY, Ms. HARMAN, Mr. INSLEE, the Malcolm Baldrige National Quality sight of funds to carry out the Act, and for Mr. NADLER, Mr. MCDERMOTT, Mr. Award to a greater number of qualified en- other purposes; to the Committee on Natural MCGOVERN, Mr. DINGELL, Mr. LARSON terprises; to the Committee on Science and Resources. of Connecticut, Mr. LEWIS of Georgia, Technology. By Ms. JACKSON-LEE of Texas (for Mr. OLVER, Mr. TIERNEY, Mr. By Ms. BALDWIN (for herself and Mr. herself, Mr. LANTOS, and Mr. CUM- SERRANO, Mr. CROWLEY, Ms. CARSON, PICKERING): MINGS): Ms. CASTOR, Mr. ELLISON, Ms. LINDA H.R. 1232. A bill to establish a competitive H.R. 1240. A bill to direct the Secretary of T. SA´ NCHEZ of California, Mrs. CAPPS, grant program to build capacity in veteri- Veterans Affairs to establish a scholarship Ms. SLAUGHTER, Ms. ROYBAL-ALLARD, nary medical education and expand the program for students seeking a degree or cer- Mr. GUTIERREZ, Ms. WOOLSEY, Mr. workforce of veterinarians engaged in public tificate in the areas of visual impairment UDALL of Colorado, Mr. HINCHEY, Ms. health practice and biomedical research; to and orientation and mobility; to the Com- WATERS, Ms. HIRONO, Mr. CAPUANO, the Committee on Energy and Commerce. mittee on Veterans’ Affairs. Mr. DOYLE, Mr. HONDA, Mr. MICHAUD, By Mrs. BONO: By Mr. HERGER: Mr. ABERCROMBIE, Mrs. LOWEY, Ms. H.R. 1233. A bill to amend the Internal Rev- H.R. 1241. A bill to establish the Sac- VELA´ ZQUEZ, Mr. KENNEDY, Mr. STARK, enue Code of 1986 to allow a bad debt deduc- ramento River National Recreation Area Mr. DEFAZIO, Mr.

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WELCH of Vermont, Mr. HARE, Mr. By Mr. STUPAK (for himself, Mr. BOU- By Ms. LEE (for herself and Mr. EMANUEL, Mr. GRIJALVA, Mr. NEAL of CHER, Mr. ENGEL, Mr. ALLEN, Ms. THOMPSON of Mississippi. Massachusetts, Mr. BRADY of Penn- SCHAKOWSKY, Mr. MARKEY, Mr. H. Res. 206. A resolution honoring the life, sylvania, Mr. WEXLER, Ms. DELAURO, DOYLE, Ms. BALDWIN, Mr. HILL, Ms. legacy, and contributions of Fannie Lou Mr. HOLT, Mr. FARR, Ms. JACKSON- HOOLEY, Mr. WEINER, Mr. ROSS, Ms. Townsend Hamer on the 30th anniversary of LEE of Texas, Ms. BERKLEY, Mrs. HARMAN, Mr. MCHUGH, Mr. her death for her dedication to freedom and JONES of Ohio, Mr. LYNCH, Mr. COHEN, ETHERIDGE, Mr. FRANK of Massachu- justice; to the Committee on the Judiciary. Mr. ISRAEL, Mr. ROTHMAN, Mrs. DAVIS setts, Ms. HERSETH, Mr. ACKERMAN, of California, Ms. BALDWIN, Mr. Mr. BAIRD, Mr. BISHOP of New York, f ALLEN, Mr. LANTOS, Mr. GILCHREST, Mr. KILDEE, Mr. BOSWELL, Mr. DEFA- Mr. DELAHUNT, Mr. CLAY, Mr. ZIO, Mr. BRADY of Pennsylvania, Mr. BECERRA, and Ms. ZOE LOFGREN of CARNEY, Ms. KILPATRICK, Mr. OBER- ADDITIONAL SPONSORS California): STAR, Ms. CLARKE, Mrs. NAPOLITANO, Under clause 7 of rule XII, sponsors H.R. 1246. A bill to amend title 10, United Mr. CLEAVER, Ms. MCCOLLUM of Min- were added to public bills and resolu- States Code, to enhance the readiness of the nesota, Mr. COHEN, Mr. CONYERS, Mr. Armed Forces by replacing the current pol- DAVIS of Illinois, Mr. CUMMINGS, Mr. tions as follows: icy concerning homosexuality in the Armed FARR, Mr. VISCLOSKY, Mr. FATTAH, February 28, 2007 Forces, referred to as ‘‘Don’t Ask, Don’t Mr. BERRY, Mr. FILNER, Mr. GRI- H.R. 25: Mr. HOEKSTRA. Tell’’, with a policy of nondiscrimination on JALVA, Mr. HARE, Mr. HIGGINS, Ms. H.R. 40: Mr. ELLISON. the basis of sexual orientation; to the Com- SUTTON, Ms. HIRONO, Mr. HOLDEN, Mr. H.R. 101: Mr. HOLT. mittee on Armed Services. CARNAHAN, Mr. HOLT, Mr. JOHNSON of H.R. 109: Mr. GOODLATTE. By Mr. NADLER (for himself, Mr. ACK- Georgia, Ms. KAPTUR, Mr. LANTOS, H.R. 136: Mr. FRANKS of Arizona. ERMAN, Mr. BISHOP of Georgia, Ms. Ms. LINDA T. SA´ NCHEZ of California, H.R. 211: Mrs. TAUSCHER and Mr. KILDEE. CORRINE BROWN of Florida, Mrs. Mr. LIPINSKI, Mr. LYNCH, Mrs. H.R. 251: Ms. ESHOO. CHRISTENSEN, Ms. CLARKE, Mr. CROW- MCCARTHY of New York, Mrs. H.R. 260: Mr. FARR and Ms. HIRONO. LEY, Ms. DELAURO, Mr. ENGEL, Mr. CHRISTENSEN, Mr. BERMAN, Mr. H.R. 273: Mrs. SCHMIDT. AL GREEN of Texas, Mr. GRIJALVA, MCGOVERN, Mr. MCNULTY, Mr. TAY- H.R. 279: Mr. MARCHANT. Mr. HASTINGS of Florida, Mr. HIG- LOR, Mrs. MALONEY of New York, Ms. H.R. 281: Mr. HOLT. GINS, Mr. HINCHEY, Mr. HOLT, Mr. MATSUI, Ms. LORETTA SANCHEZ of H.R. 327: Ms. BORDALLO, Mr. STUPAK, Ms. ISRAEL, Mr. KUCINICH, Ms. MATSUI, California, Mr. MICHAUD, Mr. TIER- DEGETTE, Mr. ABERCROMBIE, and Mr. KLINE Mrs. MCCARTHY of New York, Mr. NEY, Mr. GEORGE MILLER of Cali- of Minnesota. MEEHAN, Mr. MEEKS of New York, Mr. fornia, Mr. ALTMIRE, Mr. PATRICK H.R. 367: Mr. TIM MURPHY of Pennsylvania GEORGE MILLER of California, Ms. MURPHY of Pennsylvania, Ms. and Mr. SESSIONS. NORTON, Mr. OBERSTAR, Mr. PAS- BORDALLO, Mr. PASCRELL, Ms. H.R. 380: Ms. HOOLEY, Ms. GIFFORDS, and CRELL, Mr. RUSH, Mr. SERRANO, Ms. SCHWARTZ, Mr. SERRANO, Mr. UDALL Mr. LANTOS. SLAUGHTER, Ms. VELA´ ZQUEZ, Mr. WEI- of Colorado, Mr. WEXLER, Mr. CAPU- H.R. 410: Mr. ELLISON. NER, Mr. BISHOP of New York, and ANO, Ms. BERKLEY, Ms. WOOLSEY, Mr. H.R. 458: Mr. KUCINICH, Ms. SCHAKOWSKY, Mr. CONYERS): NADLER, and Mr. RYAN of Ohio): Mr. MCDERMOTT, Ms. HIRONO, Mr. STARK, and H.R. 1247. A bill to amend title XVIII of the H.R. 1252. A bill to protect consumers from Mr. JOHNSON of Georgia. Social Security Act to provide for com- price-gouging of gasoline and other fuels, H.R. 473: Mr. HENSARLING and Mr. PENCE. prehensive health benefits for the relief of and for other purposes; to the Committee on H.R. 489: Mr. GOODLATTE and Mr. WALBERG. individuals whose health was adversely af- Energy and Commerce, and in addition to H.R. 506: Mrs. DRAKE, Mr. HARE, and Mr. fected by the 9/11 disaster; to the Committee the Committee on Education and Labor, for YOUNG of Alaska. on Energy and Commerce, and in addition to a period to be subsequently determined by H.R. 526: Mr. MILLER of North Carolina. the Committee on Ways and Means, for a pe- the Speaker, in each case for consideration H.R. 549: Mr. BOUCHER and Mr. TIM MURPHY riod to be subsequently determined by the of such provisions as fall within the jurisdic- of Pennsylvania. Speaker, in each case for consideration of tion of the committee concerned. H.R. 563: Mr. PRICE of Georgia, Mr. LINCOLN such provisions as fall within the jurisdic- By Mr. WALZ of Minnesota: DAVIS of Tennessee, and Mr. WICKER. tion of the committee concerned. H.R. 1253. A bill to designate the Depart- H.R. 581: Ms. GINNY BROWN-WAITE of Flor- By Mr. PALLONE: ment of Veterans Affairs Outpatient Clinic ida. H.R. 1248. A bill to amend section 10501 of in Rochester, Minnesota, as the ‘‘Charles W. H.R. 582: Mr. DAVIS of Illinois and Mr. CON- title 49, United States Code, to exclude solid Lindberg Department of Veterans Affairs YERS. waste disposal from the jurisdiction of the Outpatient Clinic’’; to the Committee on H.R. 590: Mr. WALBERG. Surface Transportation Board; to the Com- Veterans’ Affairs. H.R. 592: Mr. NADLER and Mr. DAVIS of Illi- mittee on Transportation and Infrastruc- By Ms. MILLENDER-MCDONALD (for nois. ture. HLERS herself and Mr. E ): H.R. 620: Ms. LORETTA SANCHEZ of Cali- By Mr. ROSKAM: H. Res. 201. A resolution providing fornia, Ms. HIRONO, Ms. WASSERMAN H.R. 1249. A bill to include amounts for the expenses of the Committee SCHULTZ, Mr. WEINER, and Mr. RANGEL. dehydroepiandrosterone as an anabolic ster- on House Administration in the One Hundred H.R. 621: Mr. WALBERG and Mrs. MUSGRAVE. oid; to the Committee on Energy and Com- Tenth Congress; to the Committee on House H.R. 624: Mr. STARK, Mr. GONZALEZ, Mr. merce, and in addition to the Committee on Administration. CONYERS, Mr. PETERSON of Minnesota, Mr. the Judiciary, for a period to be subse- By Ms. MILLENDER-MCDONALD (for FATTAH, Mr. BERMAN, Ms. DELAURO, and Mrs. quently determined by the Speaker, in each herself and Mr. EHLERS): case for consideration of such provisions as H. Res. 202. A resolution providing for the TAUSCHER. fall within the jurisdiction of the committee expenses of certain committees of the House H.R. 634: Mr. WEXLER, Ms. MATSUI, Mr. concerned. of Representatives in the One Hundred Tenth CUELLAR, and Mr. BILIRAKIS. By Mr. SESSIONS (for himself, Mr. Congress; to the Committee on House Ad- H.R. 654: Ms. WATERS, Mr. STARK, Ms. TIAHRT, Mr. MCCAUL of Texas, Mr. ministration. JACKSON-LEE of Texas, Ms. MOORE of Wis- CONAWAY, Mr. MCHUGH, Mr. ENGLISH By Mrs. JONES of Ohio: consin, Mr. GONZALEZ, Mr. PETERSON of Min- of Pennsylvania, and Mrs. H. Res. 204. A resolution expressing support nesota, Mr. MATHESON, Mr. OLVER, Mr. CON- MUSGRAVE): for the first annual America Saves Week; to YERS, Mr. KUCINICH, Mr. PRICE of North Caro- H.R. 1250. A bill to amend the Internal Rev- the Committee on Financial Services. lina, Mr. WALZ of Minnesota, Ms. DELAURO, enue Code of 1986 to repeal certain limita- By Ms. KAPTUR: Mr. TANNER, Mr. MORAN of Virginia, Mr. tions on the expensing of section 179 prop- H. Res. 205. A resolution recognizing the DAVIS of Illinois, Mrs. CHRISTENSEN, Mr. erty, to allow taxpayers to elect shorter re- 15th anniversary of the Future Leaders Ex- ALLEN, Ms. ZOE LOFGREN of California, Mr. covery periods for purposes of determining change (FLEX) program, a program funded WELCH of Vermont, Mr. FATTAH, Mr. MEE- the deduction for depreciation, and for other by the Government of the United States to HAN, and Mrs. TAUSCHER. purposes; to the Committee on Ways and provide an opportunity for high school stu- H.R. 656: Mr. YOUNG of Florida. Means. dents from the countries of the former So- H.R. 667: Mr. CONYERS, Ms. ESHOO, and Mrs. By Mr. SIMPSON: viet Union to study and live in the United NAPOLITANO. H.R. 1251. A bill to authorize the Secretary States in order to promote democratic val- H.R. 687: Mr. TERRY, Mr. CASTLE, Mr. of the Interior to convey certain land and ues and institutions in Eurasia, and sup- SHAYS, and Mr. STUPAK. improvements of the Gooding Division of the porting the mission, goals, and accomplish- H.R. 688: Mr. TIM MURPHY of Pennsylvania Minidoka Project, Idaho; to the Committee ments of the FLEX program; to the Com- and Mr. WELLER. on Natural Resources. mittee on Foreign Affairs. H.R. 690: Mr. MORAN of Kansas.

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H.R. 694: Mr. FATTAH. H.R. 1065: Mr. AL GREEN of Texas, Mr. COBLE, Mr. GILCHREST, Mr. MCCOTTER, Mr. H.R. 725: Mr. BARRETT of South Carolina YOUNG of Florida, Mr. BOSWELL, and Mr. WALSH of New York, Mr. RAMSTAD, Mr. CAN- and Mr. FORBES. SIRES. TOR, and Mr. SHUSTER. H.R. 741: Mr. WOLF, Mr. ALLEN, Mr. STARK, H.R. 1076: Mr. EHLERS, Mr. OBEY, and Mr. H. Con. Res. 75: Ms. WOOLSEY and Mr. CON- Mr. BARTLETT of Maryland, and Mr. GER- WALBERG. YERS. LACH. H.R. 1115: Mr. COHEN, Mr. HODES, Mrs. H. Res. 64: Mr. VAN HOLLEN and Mr. H.R. 743: Mr. NEUGEBAUER and Mr. SES- MYRICK, Mr. JONES of North Carolina, Mr. FALEOMAVAEGA. SIONS. FILNER, Ms. KILPATRICK, and Mr. MCGOVERN. H. Res. 97: Mr. GONZALEZ and Ms. MOORE of H.R. 757: Mr. CONYERS and Mr. GORDON. H.R. 1117: Mr. MORAN of Virginia, Mr. Wisconsin. H.R. 768: Mr. WICKER. ABERCROMBIE, and Mr. HASTINGS of Florida. H. Res. 98: Mr. TANCREDO. H.R. 769: Mr. WICKER. H.R. 1118: Mr. SENSENBRENNER. H. Res. 105: Mr. BOREN, Ms. KILPATRICK, H.R. 787: Mr. FATTAH. H.R. 1120: Mr. MCCAUL of Texas, Mr. KLINE and Mr. ROGERS of Alabama. H.R. 797: Mr. YARMUTH, Mr. MCCOTTER, Ms. of Minnesota, Mr. PLATTS, Mr. BARTLETT of H. Res. 113: Mr. KUCINICH and Mr. PAYNE. EDDIE BERNICE JOHNSON of Texas, Mr. Maryland, Mr. BOUSTANY, Mr. HASTERT, Mrs. H. Res. 118: Mr. DREIER and Mr. COHEN. BUTTERFIELD, Mr. JONES of North Carolina, BLACKBURN, Mr. CARTER, Mr. WILSON of H. Res. 121: Mrs. NAPOLITANO, Mr. BECERRA, Mr. HOLDEN, Mr. PAYNE, Mr. SPACE, Ms. South Carolina, Mr. CHABOT, and Mrs. Mr. SIRES, Mr. GARRETT of New Jersey, Mr. HIRONO, and Ms. MCCOLLUM of Minnesota. MUSGRAVE. KUCINICH, Mr. DAVIS of Illinois, Mr. WAXMAN, H.R. 821: Mr. TIM MURPHY of Pennsylvania H.R. 1132: Mr. BERMAN, Mr. SHAYS, Mrs. Mr. STARK, and Mr. WOLF. and Mr. WAXMAN. CHRISTENSEN, Ms. DELAURO, Mr. H. Res. 136: Ms. WOOLSEY and Ms. HOOLEY. H.R. 873: Mr. ELLISON. MCDERMOTT, Ms. ESHOO, Ms. EDDIE BERNICE H.R. 876: Mr. BUCHANAN. H. Res. 137: Ms. WOOLSEY. H.R. 887: Mr. FATTAH. JOHNSON of Texas, Ms. MATSUI, Mr. BURTON H. Res. 146: Ms. WOOLSEY, Mr. GRIJALVA, H.R. 891: Mr. UPTON. of Indiana, Mr. HIGGINS, Mr. ALLEN, Mrs. and Mrs. MALONEY of New York. H.R. 909: Mr. SAXTON and Mr. HOEKSTRA. NAPOLITANO, Ms. HERSETH, Mr. UDALL of New H. Res. 186: Mr. CARDOZA, Mr. GRIJALVA, H.R. 913: Mr. CARNAHAN, Mrs. MYRICK, Mr. Mexico, Ms. CORRINE BROWN of Florida, Mr. Mr. FORTUN˜ O, Mr. KILDEE, Mrs. TAUSCHER, ENGLISH of Pennsylvania, and Mr. WILSON of TERRY, and Mr. SAXTON. Mr. CASTLE, Mr. HINCHEY, Mr. LYNCH, Mr. South Carolina. H.R. 1150: Mr. ROGERS of Michigan and Mr. MACK, Mr. FOSSELLA, and Mr. BARTLETT of H.R. 938: Mr. LAMBORN, Mr. HOEKSTRA, and COHEN. Maryland. Mr. FEENEY. H.R. 1188: Mr. MILLER of North Carolina. H. Res. 198: Mr. BACA, Mr. BECERRA, Ms. H.R. 971: Mr. WEXLER, Mr. GORDON, Mr. H.J. Res. 3: Ms. HERSETH and Mr. SOUDER. BORDALLO, Mrs. DAVIS of California, Ms. PETERSON of Pennsylvania, Mr. BONNER, Mr. H. Con. Res. 9: Mr. HINOJOSA, Mr. WATT, MATSUI, Ms. LINDA T. SA´ NCHEZ of California, HIGGINS, Mr. COOPER, Mr. JONES of North Mr. WYNN, Ms. WATSON, Mr. HINCHEY, and Mr. VAN HOLLEN, and Mr. WEINER. Carolina, Mr. ISRAEL, Mr. TERRY, Mrs. Ms. MILLENDER-MCDONALD. MCCARTHY of New York, Mr. PITTS, Mr. HOL- H. Con. Res. 21: Mr. BRADY of Pennsylvania f DEN, Mr. DELAHUNT, Mr. JOHNSON of Georgia, and Mr. FRELINGHUYSEN. Mr. BERRY, Ms. HIRONO, Ms. WOOLSEY, Mr. H. Con. Res. 26: Mr. BISHOP of Georgia. FATTAH, Mr. REYES, and Mr. MILLER of North H. Con. Res. 62: Mr. WOLF, Mr. BURTON of DELETIONS OF SPONSORS FROM Carolina. Indiana, Mr. ROYCE, Mr. FORBES, Mr. GER- PUBLIC BILLS AND RESOLUTIONS H.R. 1045: Mr. BRALEY of Iowa, Mr. LACH, Mr. HASTERT, Mr. REHBERG, Mr. Under clause 7 of rule XII, sponsors LOEBSACK, and Mr. LATHAM. MCCAUL of Texas, Mr. BARRETT of South H.R. 1055: Mr. FILNER, Ms. JACKSON-LEE of Carolina, Mr. UPTON, Mr. SAXTON, Mr. LOBI- were deleted from public bills and reso- Texas, Mrs. MALONEY of New York, Mr. ONDO, Mrs. WILSON of New Mexico, Mr. lutions as follows: HODES, Mr. BERMAN, and Ms. HARMAN. ENGLISH of Pennsylvania, Mrs. DRAKE, Mr. H.R. 997: Mr. PRICE of North Carolina.

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The Senate met at 9:30 a.m. and was SCHEDULE MORNING BUSINESS called to order by the Honorable BEN- Mr. REID. Mr. President, this morn- The ACTING PRESIDENT pro tem- JAMIN L. CARDIN, a Senator from the ing the Senate will be in a period of pore. Under the previous order, there State of Maryland. morning business for 60 minutes. The will now be a period for the transaction first 30 will be controlled by the major- of morning business for 60 minutes, PRAYER ity, and the remaining 30 minutes will with Senators permitted to speak The Chaplain, Dr. Barry C. Black, of- be under the control of the Repub- therein for up to 10 minutes each. fered the following prayer: licans. Under the previous order, the first 30 Let us pray. Following this period of morning minutes will be controlled by the ma- O God, some of us are able to give business, the Senate will begin consid- jority leader or his designee. much, yet we give little. Some of us eration of S. 4, the 9/11 legislation. This The Senator from Colorado is recog- would give more, but we have little. In- is a very important piece of legislation. nized. spire us today to give You our best. That is why it has a low number. It is (The remarks of Mr. ALLARD per- Help us to focus on serving You and one of the 10 that I thought we should taining to the introduction of S. 699 are bringing honor to Your Name. complete as soon as possible. I am located in today’s RECORD under Guide our lawmakers in their chal- happy we are there. I thank the Repub- ‘‘Statements on Introduced Bills and lenging work. Open their minds and lican leader for his cooperation in al- Joint Resolutions.’’) hearts to be ready to do Your bidding. lowing consent to be granted for us to Mr. ALLARD. I suggest the absence Use them as instruments of Your pur- switch the cloture vote from the Com- of a quorum and ask unanimous con- poses, shining Your light through them merce Committee-reported legislation sent that time under the quorum call to dispel the shadows in our world. to S. 4, which is, of course, the measure be charged equally to both sides. The ACTING PRESIDENT pro tem- Help them to live to please You, dem- reported by the Homeland Security pore. Without objection, it is so or- onstrating conclusively with actions Committee. I hope Members will be here early to offer amendments to the dered. The clerk will call the roll. that they follow You. Empower them legislation. The bill clerk proceeded to call the to live in a manner that will glorify Once I have laid down the substitute roll. You. Give them the wisdom to encour- amendment, which will encompass pro- Mr. DURBIN. Mr. President, I ask age and help each other in the impor- visions from several committees— unanimous consent that the order for tant work of guarding our freedom. Homeland Security, Banking, and Com- the quorum call be rescinded. We pray in Your holy Name. Amen. merce—we will be ready for the amend- The ACTING PRESIDENT pro tem- f ment process. Members should expect pore. Without objection, it is so or- rollcall votes throughout the day. We dered. PLEDGE OF ALLEGIANCE could go into late evening sessions. We f The Honorable BENJAMIN L. CARDIN really need to complete this bill. As I HEALTH CARE led the Pledge of Allegiance, as follows: told Members yesterday, except for I pledge allegiance to the Flag of the Friday late in the day, because of Sen- Mr. DURBIN. Mr. President, if one United States of America, and to the Repub- ator LIEBERMAN, our manager of the travels across the States of Maryland lic for which it stands, one nation under God, bill—he starts his Sabbath at sundown or Illinois and stops at any business, indivisible, with liberty and justice for all. on Friday—we are going to move this large or small, and has a conversation f bill. We could very likely have Friday about how the business is going, it afternoon votes. So everyone who has won’t take long for the conversation to APPOINTMENT OF ACTING airplane reservations should cover move to the issue of health care. Vir- PRESIDENT PRO TEMPORE themselves because we may have to be tually every business I have visited in The PRESIDING OFFICER. The here. If progress is not sufficient to fin- Illinois in the last 10 or 20 years—or clerk will please read a communication ish this bill next week, we will have to labor union, for that matter—wants to to the Senate from the President pro start working longer hours. I hope we talk about health care. There is a tempore (Mr. BYRD). can get things available Monday so growing concern that the cost of health The legislative clerk read the fol- that we have more than one vote Mon- insurance keeps going up and coverage lowing letter: day night. We really need to start leg- keeps going down. It is affecting our competitive edge in America. It com- U.S. SENATE, islating. We have had, in my mind, too promises the security many families PRESIDENT PRO TEMPORE, much time off. Washington, DC, February 28, 2007. I see the distinguished Senator from want to feel when it comes to medical To the Senate: Colorado. We have the first time, but care necessary for their loved ones. Under the provisions of rule I, paragraph 3, we have no one here at this stage; they Yesterday, I was visited by a spokes- of the Standing Rules of the Senate, I hereby are on their way. If he would like to man for the Business Roundtable. They appoint the Honorable BENJAMIN L. CARDIN, speak now, we will use part of his time are infrequent visitors in the offices of a Senator from the State of Maryland, to Democratic Senators, but it was a perform the duties of the Chair. now. Mr. ALLARD. I thank the majority good, positive meeting. We talked ROBERT C. BYRD, about a number of issues and started President pro tempore. leader for that opportunity. I have a bill I would like to introduce briefly with their concern and our growing Mr. CARDIN thereupon assumed the this morning and talk about it for a concern about the limited availability chair as Acting President pro tempore. few minutes. If somebody shows up of health care and its cost. f from his side, I will yield. We now have some 47 million unin- sured Americans and many who are f RECOGNITION OF THE MAJORITY underinsured and more and more who LEADER RESERVATION OF LEADER TIME are vulnerable each year. There was a The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- disturbing story in this morning’s pore. The majority leader is recog- pore. Under the previous order, the Washington Post about a young moth- nized. leadership time is reserved. er who lost her son because she had no

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

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America, that such could occur. It is the bedrock of our current health cov- We know what is happening in bank- one small example of a life that has erage system. He could do it in two ruptcy courts. Those who can make it been lost because of a lack of concern ways. through the new maze that has been we have about extending health care First, offering the same tax deduc- created by this Congress and this ad- coverage. tion, for either employer-provided cov- ministration usually are there pri- It has been a long time since we have erage or individual coverage, could cre- marily for medical bills. The real prob- had a real conversation about this ate an incentive for some employers to lem is not the overinsured but the 16 issue. One has to go back to the pre- drop coverage. They can just basically million Americans who are under- vious administration, when President say: Now you are on your own. We are insured. Their health coverage is not Clinton came forward with a plan. It finished providing health coverage. Use adequate to protect them if they have was complicated. It was controversial. the tax deduction to buy your own a serious problem. Forty-seven million I joined in the debate on the plan be- plan. Given the current state of the in- Americans have no coverage at all. The cause I thought it was long overdue. dividual insurance market, this could President’s focus on the overinsured After some months, the forces in the be terrible news for everyone but the seems misplaced, to put it mildly. health care industry, which is very youngest and healthiest workers. Most Part of the problem stems from this profitable today, came together and people losing employer coverage would notion of ‘‘Cadillac’’ health plans. The killed the idea. So for 10 years nothing likely end up with insurance that costs phrase suggests that buying health has happened except the situation has more and covers less—if they are lucky coverage is like buying a car: You can disintegrated and we are now facing a to find a policy at all. buy the basic model, which allows you real crisis. The second adverse effect is that to get to work, pick up the kids, and go Recently, President Bush put forward even if an employer maintains health to the store, or, if you have some extra a health coverage proposal that claims coverage, young and healthy employees money, you can buy the high-end to make health coverage more afford- would have an incentive to leave their model with lots of extras—leather able, make the tax treatment of health employer plan for individual coverage. seats, more horsepower, some elec- benefits more equitable, and create in- You know what that means: When the tronics, and a fancy stereo. Health cov- centives for people to enroll in lower younger and healthier workers leave erage just does not work that way. The cost health plans. I welcome the Presi- the pool, there is more risk and higher cost of health coverage typically has dent’s proposal as a sign that he, too, premiums for those who remain. more to do with the characteristics of believes the status quo of health care Another major element of the Presi- who is being covered: How old are you? in America is unacceptable and we dent’s plan is a proposal to cap the tax Do you have a medical problem? Where need to begin the hard work to reform deduction for health benefits at $15,000 do you live? These are some of the fac- it. But when you take a close look at for families and $7,500 for individuals. tors which are taken into consider- the President’s proposals, some ques- Those with health benefits above this ation when people assess the cost of a tions arise, and some concerns. cap would face a new tax on the health health care plan. The heart of the plan is a proposal to benefits exceeding this threshold. The I am concerned that the new health equalize the tax treatment of health President says capping the tax deduc- tax the President proposes would hit benefits, whether you obtain health tion would dissuade people from enroll- many people who are older, with chron- coverage through an employer or pur- ing in ‘‘gold-plated’’ or ‘‘Cadillac’’ ic conditions, medical problems, those chase it yourself in the individual in- health plans, which the administration who live in high-cost coverage areas. If surance market. On the surface, it has fixated on as a major cause of ris- this is the case, the tax is highly un- sounds very appealing. After all, some ing health care costs. Some have gone fair. It raises the taxes on the people people simply do not have access to so far as to characterize this part of who can afford to pay them the least. employer-sponsored coverage. But such the President’s plan as a way to tax the It also is going to hit people who a change would not provide people with rich and their expensive health benefits have sacrificed wage increases in the two equally good options for obtaining in order to help lower income people. past for comprehensive health care health insurance. What a curious juxtaposition, that coverage. I cannot tell you how many Employer-sponsored health coverage for 6 years this administration has ar- labor unions I visit where they say is far superior to the individual insur- gued for tax breaks for people at the their members have to make a hard ance market for the vast majority of highest income categories, saying they call: take-home pay or better health people, even if they have access to a must be rewarded, even at the expense care protection. If they chose better tax deduction. Unless you are in per- of middle-income and lower income health care protection, the President’s fect health, individual-market insur- families and now, when it comes to approach is going to penalize them. ance is often unaffordable or unavail- health insurance, the tables are turned That is not fair. able. To a much greater extent than and the administration is arguing that To make matters worse, the $15,000 employer coverage, insurers in the in- we should not be rewarding expensive cap the President proposes could in- dividual market can deny you coverage health benefits, we should be, in fact, crease only at the rate of general infla- if you have a preexisting medical con- trying to help lower income people, tion, even though the cost of health dition or can refuse to cover you at all. though his approach does not achieve benefits usually rises much faster than Insurers in the individual market also that. inflation. For example, since 2000, pre- can charge much higher premiums if A closer look at his plan raises even miums for family coverage for health you are older or sicker. In short, if you more serious questions. It rests on a insurance have increased five times are not in perfect health, you do not shaky premise that large numbers of faster than general inflation—a 73-per- want to be in the individual market. Americans have an overabundance of cent increase in premiums for family Recognizing this, the President’s pro- health insurance. The President be- coverage for health insurance in the posal to equalize tax treatment is real- lieves Americans are overinsured when last 6 years; and the overall inflation ly not as appealing as it sounds unless it comes to health care protection. rate, up 14 percent—73 percent to 14 you happen to be one of those very There may be some people out there percent. So when the President says he young, very healthy people who can go who fit in that category, but most of is going to index the $15,000 in health

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Senator MIKE long, people with below-average cov- families all across America. Of course, ENZI of Wyoming is my colleague and erage would start to pay the tax. That that employee pool includes younger friend. He sees this issue the same as I approach only makes sense if the goal workers, older workers, workers who do in terms of needing a solution. Our of the administration is actually to re- are healthy and those who are not, and approaches have been different. We duce health care coverage in America— people who live all across our Nation in have sat down to speak since then hardly a worthy goal of this Nation. large cities and small, in rural areas about how we might merge our two ap- The President’s plan also misses an- and urban areas. It is a plan that has proaches. I hope we can. other critical point. A tax deduction worked for 40 years. For 40 years, we It would be good for us around here really does not help people with low or have pooled together Federal employ- once in a while to cooperate, to com- moderate incomes. The value of a tax ees and we have asked private insur- promise, and to come up with a bipar- deduction increases with income. ance companies to bid for their busi- tisan approach that says to families Someone with a high income receives a ness, and they do. across America: We are just not com- large deduction under the President’s We have the best deal as Federal em- ing to the floor to score political plan. Someone with a lower income, ployees. Every year, there is an open points; we are just not coming here to even people with moderate incomes, enrollment period. Think about this in disagree; we are going to try to find has little to look forward to. The Presi- your own family situation. Let’s as- areas of agreement and try to move dent should have proposed a tax credit. sume you are unhappy with the health forward so that at the end of the day The last piece of the President’s insurance you have at work or what we can point to a positive accomplish- health plan—called the Affordable you had to buy in the individual mar- ment. Choices Initiative—is the part about ket. Sometimes you are stuck with it, I think this bill Senator LINCOLN and which we know the least. Under this you have no choice in changing it. A I have introduced is a good starting initiative, funds that now go to help Federal employee has a decision each point. I believe if a President of the hospitals care for low-income and unin- and every year at the end of the cal- United States said to the American sured patients would be taken away endar year: Did you like the way you people: We are going to eliminate and used instead for the purchase of were treated last year by your health Americans being uninsured in America basic private insurance. The plan insurance company? If you did not, in just a certain number of years—4 or would snip away the existing safety net chose another one. 5 or 10 years—that would be a positive without guaranteeing health insurance In my State of Illinois, my wife and step forward. We could set a goal, and for everyone. Even by the administra- I have nine choices. We can choose then it would be up to us in Congress to tion’s own estimates, only a fraction of from nine different health care plans work with the President each year to the uninsured would gain coverage. Al- that could protect us. Well, of course, reduce the 47 million uninsured even ready hard-pressed safety net providers we take a look at what the cost might more. I think we can do it. I think we would still be responsible for caring for be, what the coverage might be, and have to do it. We cannot be competi- the uninsured and underinsured, yet pick the one best for our cir- tive as a nation, we cannot have a com- they would have fewer funds to do so. cumstances. If we pick a plan with passionate policy when it comes to It appears those who would gain pri- more coverage, they take more out of health protection for our fellow citi- vate health insurance would be en- my paycheck; lower coverage, less out zens unless we show initiative and rolled in health plans that may not of my paycheck—just as it should be. leadership in the area of health care. meet their needs. The President’s pro- These are private insurance compa- Our vision differs from the Presi- posal makes reference to changing nies bidding for the business of Federal dent’s that I described earlier, but the State benefit requirements and pre- employees. The Federal Government goal is important and affects every mium-setting rules, which could make administers this plan with an overhead American. I welcome the President’s health insurance more expensive or cost of less than 2 percent. It is widely interest in health care. Let’s begin the provide less coverage for those who popular. It is successful. It has worked debate. need it. for 40 years. Why couldn’t we take the Mr. President, I yield the floor. I appreciate the President has put same model—that is what Senator LIN- The ACTING PRESIDENT pro tem- forward a plan. My vision of health re- COLN and I believe—and apply it to pore. The Senator from Washington is form differs from his. We should have a small businesses across America and recognized. health system that covers everyone re- say no matter where you are, you can f gardless of income or health status. We join a pool of small businesses, and you should make sure everyone has the as a small business employer and your VETERANS HEALTH CARE health benefits they need to prevent employees would be sought after by the Mrs. MURRAY. Mr. President, since illness and to obtain care when they same private insurance companies? this body recessed 10 days ago, I have get sick. We should conduct the re- We sat down with some of the major been outraged to see report after report search that tells us which medical health insurance companies and said: after report detailing this administra- interventions work best and create in- We don’t want to write the bill like tion’s complete failure to care for our centives for physicians to provide rec- legislators. We want to write the bill troops and for our veterans. What is ommended care, and we need to do a like insurance companies. We want to worse, since we returned on Monday, I better job of managing chronic disease. make sure, when it is all said and done, have heard several of our Republican On the insurance front, the starting there is some potential business for colleagues attempt to question our pa- point should be legislation I have in- you here. Well, they helped us write triotism and our support for those troduced with Senator BLANCHE LAM- the bill. troops. So I felt compelled this morn- BERT LINCOLN of Arkansas. Here is a We do provide some tax incentives in ing to come to the floor to speak up. radical concept: What if we established the bill which I think are entirely ap- For more than 4 years, this adminis- a standard across America that small propriate. If you have a small business, tration has failed to plan for the true businesses would be able to offer the low-income employees, you still want cost of the war in Iraq and Afghani- same type of health insurance that is to have health insurance for the own- stan. They have demanded blind loy- available to Members of Congress? How ers of the business and the people who alty from Congress, asking us for

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4860 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 rubberstamps for their emergency fend for themselves when they need far refused—refused—to release it pub- budgets, avoiding oversight, and pur- mental health care, this administra- licly. That information is collected at suing their own strategy in the face of tion is utterly failing our taxpayer expense, and that informa- criticism from Members of Congress, servicemembers, our veterans, and all tion, I hope, could provide us with a from generals, and the American pub- of their families. baseline of how many of our troops lic. Yesterday Senator MARTINEZ, I Nowhere is that failure more appar- have suffered from a traumatic brain thought, encapsulated the White House ent than in the handling of what will injury. That is a critical and important position better than I ever could. He one day, I believe, become known as starting point for dealing with these said: the signature wound of this war, and terrible injuries. At a time of war, the Congress should do that is traumatic brain injury. Right What we do know is that while the only one thing, which is to support our now it is estimated that 10 percent of Department of Defense claims that less President, to try to unite behind our troops our Iraq and Afghanistan veterans have than 30,000 troops have been injured and unite behind our effort. suffered from these traumatic brain in- during this war, 205,000 troops have en- I couldn’t disagree more. As elected juries because of their service. One of rolled for care at the VA. Let me say Members of Congress, and even as mere the big problems with traumatic brain that again. The Department of Defense citizens of this country, we can and we injury, or TBI, is it is an unseen wound claims that only 30,000 troops—only? must question the policies imple- and too often it is misdiagnosed. Many That is a big number, 30,000 troops— mented by our Government. That is times, unless a servicemember is in- have been injured, but 205,000 troops our job. It is our responsibility. At no volved directly in an IED incident and have enrolled for care at the VA. To time is that more important than in a is bleeding, he or she won’t be docu- me, those numbers don’t add up. So time of war when the lives of our brav- mented as having been involved in that yesterday I asked Defense Secretary est men and women are on the line. explosion. Even if they are two or three Robert Gates to provide us with the But my colleagues don’t have to take tanks behind where the IED exploded, data that has been compiled by the De- my word for it. General Pace, the they can get the impact and be a vic- fense and Veterans Brain Injury Center chairman of the Joint Chiefs of Staff, tim of TBI and not know it. As a re- on the actual number of TBI victims. told a congressional hearing recently: sult, I believe the actual number of We don’t have this information yet, Our troops understand the need for debate Iraq and Afghanistan veterans with but I see no reason why it shouldn’t be back home and are sophisticated enough to TBI will be even higher than the statis- shared with Congress and the American know that debate does not equate to lack of tics we are now seeing. people. support. We owe it to these men and women in In addition, I was heartened to hear, But that important debate, that im- uniform to come on this floor and say: I have to say, yesterday that the De- portant discussion, and all oversight We are going to do everything we can partment of Veterans Affairs, in a long was stifled for years. Unfortunately for to help you. We should say: We will overdue step forward, finally an- everyone, for the first years of this war screen for TBI, we will document TBI, nounced they will begin screening Congress was under Republican control and we will not fail to treat veterans every recent combat veteran for TBI. and that led to a stunning lack of over- suffering from the signature wound of But we have to do a lot more. We can’t sight, an outrageous number of this war. It is clear our system today is simply take the Department of Vet- rubberstamps, and an impotence from not catching all of the TBI patients erans Affairs at their word. Their this Congress that should shame us all. this war is producing. record of care and openness has left a Well, those days are over. I hope every one of my colleagues lot to be desired. As every Member of I don’t have the time this morning to saw the special broadcast last evening. the Senate knows, we went through outline each and every failure I have ABC News anchor Bob Woodruff de- that debate several years ago where seen by the administration. I don’t tailed his own experience with a trau- they denied time and time again they have the time to detail the many ways matic brain injury. I was personally were short-funded and then came and the administration has failed our moved by Bob Woodruff’s struggle with told us: Yes, they were indeed billions troops, our men and women who are his injury, by his family’s unrelenting of dollars short, and we had to provide serving us. I don’t have time to detail hope for recovery, and their ongoing additional dollars in the supplemental how many ways the administration has work toward triumph over this horrible to make sure our veterans were getting failed the men and women who serve us situation. the most basic care. The lines are still when they come home and go into the While Bob Woodruff has seen a tre- long. Veterans are not getting care. We VA system. mendous recovery from his horrendous are now dealing with a high number of So instead I want my colleagues to injury, I fear the care he received has TBI victims of this war and we are not know I am going to be here on this not been duplicated for thousands of dealing with it realistically. floor speaking frequently and loudly, other troops when they return home. We have to develop a system to ad- because I think it is so important to He detailed several cases of soldiers dress traumatic brain injuries, from get this administration once and for all who were suffering from injuries not the battlefield all the way back to the to pay the troops and our veterans the unlike his own, and the lack of care VA hospitals and beyond. Screening is attention they deserve 4 years into this they received was clear when they left absolutely critical. Pre- and post-de- war in Iraq. My Democratic colleagues our flagship care centers for some of ployment screening has to be done. and I are committed to supporting our the smaller local hospitals. While so This signature wound has to be a top troops from the battlefield all the way many of us know this injury has be- priority at each and every step along back to their local VA and everywhere come the signature wound of this war, the path to recovery for these wounded in between. We have worked very hard I fear last night’s program once again members of the armed services. to ensure they get the care they de- showed us that this administration and The bottom line is we have not yet serve, the care they have earned. the VA in particular has not stepped to offered our brave men and women a My real worry is that this adminis- the plate to handle the crush of troops real plan to take care of them when tration continues to be slow to react to with brain injuries who are returning they come home. The Department of these problems and rarely, if ever, from war each and every day. Defense and Veterans Affairs must takes proactive measures to stop the What is worse, I am very concerned come together to solve these problems many problems before they even begin. that we do not even know today the plaguing the system. Too many of our From sending our troops to war with- real number of troops who are suffering men and women get lost in the transi- out the critical armor they need to from traumatic brain injury. The De- tion between the Department of De- protect themselves, to housing them in fense and Veterans Brain Injury Cen- fense and Veterans Affairs. I pledge to squalor at Walter Reed as we heard ter, the place that gathers all of this them and I pledge to our fighting men about a week ago, to leaving them to information on these injuries, has so and women and to all of their families

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4861 that this new Democratic Congress is where we are by ourselves. We got here things that have happened. Moqtada al- going to hold them accountable for together at least in terms of Iraq. After Sadr left Sadr City. He saw what was their inaction and finally ensure that 9/11 happened, within days, the United coming. Prime Minister al-Maliki al- we are going to give these men and States of America changed and the ready called for—and there are now women what they deserve when they President announced to the Congress talks about it—a regional conference come home. we would no longer as a nation have a on Iraq, including all the neighbors in We hear a lot in this body about who defense policy based on reaction. We the region—something many in here supports the troops. Well, I say to my would have a defense policy based on have called for, and I support, includ- colleagues that each and every one of preemption. We learned on 9/11 you ing getting the Iranians and Syrians us has a responsibility to support these can’t wait to find the smoking gun in into dialog. troops, particularly those who are in- terrorism to react, because if you do, it Last week, the Iraqi council approved jured, particularly those who come is too late. In the case of 9/11, there the foundation of a hydrocarbon bill, home with TBI and other injuries, not were 3,000 dead citizens of this world oil revenue sharing with the people and just when they come home but far into because we didn’t preempt. The United provinces of Iraq. That is soon to go to the future, and we have not yet budg- Nations, 171 countries, voted unani- that assembly. Think of something; the eted responsibly to do that. We have mously in favor of resolution 1441 people of Iraq are on the doorstep of not provided the programs to do that. which authorized or threatened mili- having equity for the very first time in We have not done everything we can. tary action against Saddam Hussein if their history. This is one Senator who is going to he didn’t cooperate with the disclo- There are also disappointing things keep talking until we get it done. sures and the inspectors that the U.N. that have happened. Yes, we wish we Mr. President, I yield the floor. was prompting. When the U.N. failed to were home with a victory already. But The ACTING PRESIDENT pro tem- act and this President, George W. we have accomplished a lot, and we are pore. The Senator from Georgia is rec- Bush, wanted to act, he came to this this close to accomplishing the ulti- ognized. Congress and we voted overwhelmingly mate goal, which is a peaceful democ- racy in Iraq, terrorism without a sanc- f to support using force to hold Saddam Hussein accountable and to go after tuary, and a statement that people are IRAQ weapons of mass destruction and to go more important than power and dic- Mr. ISAKSON. Mr. President, in ap- after those sanctuaries of terrorism. tators and terror. proximately half an hour we begin pro- One would think, in listening to the The United States is the country ceeding to debate on the 9/11 bill. Sat- debate in the Senate in the last few that has, in history, led and today urday a week ago we concluded with- weeks, that some people have bad needs to lead as well. I encourage our out resolution a debate on an Iraq reso- memories. They forgot about those colleagues, as we get into this 9/11 de- lution. I come to the floor of the Sen- votes. They forgot about the fact that bate, let’s not forget about the debate ate this morning to share with my col- George Bush didn’t get there by him- we had on Iraq. We ought to send a leagues my thoughts on Iraq and where self. He got there with us. Now, are we clear message of support to our troops, we are, and to do so in the context of disappointed in some of the things that understanding that we may differ on 9/11. have happened? Yes. Do we want to the policy. It should be clear and pre- When I collected my thoughts about change some things? Yes. Do we differ? cise that this Congress and this coun- what I would say this morning, I Yes, and the Senate is the place we dif- try will see to it that our men and thought back to a lot of lessons I fer. But while we differ, we should not women have the finances and resources learned from a great Georgian. In fact, discourage our troops. We should not to carry out the orders to which they on Saturday of last week, the day we discourage the people who are deployed are responsible and they take on with- had that debate, it was the 75th birth- in Iraq and Afghanistan and around the out any reservation. day of former Senator Zell Bryan Mil- world in terms of our resolve. I began my remarks by acknowl- ler of Towns County, GA. I learned a So I would suggest as we go to the edging my friend, Zell Miller, and his lot from Zell Miller in my lifetime. I debate on the 9/11 bill, we consider it as 75th birthday and all of the lessons I learned humility when he beat me for a wonderful opportunity to make a have learned from him. He preceded me Governor of Georgia in 1990. I learned simple statement, a statement that in this Senate, and I extend to him a respect for class in 1996 when he came while we may differ, there is one thing belated birthday wish today in this back and asked me to chair the State we don’t differ on: We don’t differ on speech. I also want us to be reminded Board of Education after he taught me the fact that we will give our troops of Zell Miller’s many speeches on the a lesson in humility 6 years earlier. the support and the finances and every- U.S. Marine Corps, service to our coun- When I read his book, ‘‘Corps Values: thing they need to carry out the mis- try, patriotism, and commitment. Zell Everything You Need to Know I sion to which they are assigned. That Miller knew as a soldier, he knew as Learned in the Marines,’’ I learned is precisely what Senator JUDD GREGG the Governor of a State commanding about commitment. of New Hampshire wanted to do in his the National Guard, and as a member Also in the final debate I had with resolution that never could come to of the Senate that while there may be Zell Miller in 1990, I learned about how the floor in that 2 weeks of debate on political differences on the end result, you snatch victory when somebody else the Iraq resolution that failed to get there should be no difference in the thought they had it. In the closing de- enough votes to get a final vote. It is support for the men and women who bate, 48 hours before the general elec- time, with a bill as relevant as this defend us and fight for freedom every tion when the cameras went on each of 9/11, which is the genesis of all we deal day. us for our last 60 seconds, Zell Miller’s with today, that we send that clear As this debate unfolds, it is my hope closing remarks were simply this. He message. While we may differ on some we will have the opportunity to bring said: policies, we do not differ on the finan- the Gregg amendment to the floor and cial support and the absolute commit- vote to send a clear message to our You know, ladies and gentlemen, we are going to have a race for governor in 2 days ment to our men and women in harm’s men and women in harm’s way that we and it’s all up to you. But I want you to re- way. support them, the funding will be member something. Zell Miller knows one I wish to put one other thing into there, and we will stay with them as thing. If you ever walk down a country road perspective. As much bad news as we they pursue the cause on behalf of and you see a turtle sitting on a fence post, always talk about, a lot of good things peace, liberty, freedom, and democracy there is one thing you know for sure. He did happen. While some people may differ in Iraq, Afghanistan, and around the not get there by himself. with the President’s commitment to a world. In taking that remark, I would re- surge in Iraq, even in the anticipation I yield the floor and suggest the ab- mind my colleagues we didn’t get to of that surge, there are some good sence of a quorum.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4862 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 The ACTING PRESIDENT pro tem- upon their conversations with General Losing the global war on terrorism is pore. The clerk will call the roll. Petraeus, we are seeing some successes, not an option. Failure in Iraq would be The assistant legislative clerk pro- even though they are minimal at this devastating to our national security, ceeded to call the roll. point. But there is now hope and en- entangling the Middle East in a web of Mr. CHAMBLISS. Mr. President, I couragement that this strategy is chaos that breeds terror and extre- ask unanimous consent that the order going to work. mism. The Iraq Study Group and for the quorum call be rescinded. If Members of Congress truly don’t countless expert witnesses have testi- The ACTING PRESIDENT pro tem- support our efforts in Iraq and believe fied that simply leaving Iraq, without pore. Without objection, it is so or- we should withdraw troops, they should stabilizing the country, would be disas- dered. vote to cut off funds for the war, which trous. Mr. CHAMBLISS. Mr. President, I re- is the primary authority Congress has As the senior Senator from my State, cently came to the Senate floor to ex- in this area. However, having refused my support of our mission and our press my views relative to the delibera- to allow the Senate to vote on pro- troops includes a responsibility to ex- tions this body was undertaking ap- tecting funding for our troops serving amine the tactics and question the proving and disapproving of the Presi- in harm’s way, the Democrats are now steps that we take to reach our goal. I dent’s way forward in Iraq. I am proposing another symbolic resolution. will continue to do that in a very delib- strongly in favor of this body debating This is the fourth resolution that the erate way, but I intend to be construc- the U.S. policy relative to Iraq and be- Senate Democratic leadership has tive in my approach and criticism in lieve all my colleagues are as well. backed to address the troop increase, order to do everything we can to en- However, as I stated in my earlier and the Democrats still insist on avoid- sure that our troops and our mission speech, it is not appropriate to allow ing the fundamental issue of whether succeed, rather than doing whatever I the majority party to completely dic- they will cut off funds for troops serv- can to make sure they fail. tate the terms of that debate, as they ing in Iraq. When this motion to deauthorize or have tried to do over the last several As the Wall Street Journal wrote in micromanage the war in Iraq comes to weeks. That is why I voted against clo- an editorial: the floor of the Senate, I urge my col- ture on the motion to proceed to the Democrats don’t want to leave their fin- leagues to oppose it. Reid resolution on February 17, along gerprints on defeat in Iraq by actually vot- I yield the floor. Mr. President, I sug- with a vast majority of my Republican ing to bring the troops home. So instead, gest the absence of a quorum. colleagues. they’re hoping to put restrictions on troop The PRESIDING OFFICER (Mr. deployments that will make it impossible for Mr. President, since that time, a new WHITEHOUSE). The clerk will call the strategy relative to this debate has the Iraq commander, General David Petraeus, to fulfill his mission. roll. come forward. The strategy is essen- The assistant legislative clerk pro- tially an attempt to deauthorize or re- This is essentially an attempt to en- ceeded to call the roll. strict U.S. military action in Iraq by sure the policy does not succeed. Logi- Mr. LIEBERMAN. Mr. President, I revoking or altering the Iraq war reso- cally, the Senate should be giving Gen- ask unanimous consent that the order lution, which passed this body by a eral Petraeus everything he needs to for the quorum call be rescinded. vote of 77 to 23 on October 11, 2002. I succeed, both in terms of financial as The PRESIDING OFFICER. Without don’t agree with this tactic. well as political support. But that is objection, it is so ordered. not what the majority party is trying On January 26, the Senate unani- f mously approved GEN David Petraeus to do. for his fourth star and to be com- Democrats in the House of Rep- CONCLUSION OF MORNING mander of the multinational forces, resentatives have undertaken a plan BUSINESS Iraq. No Senator opposed his nomina- that would tie war funding in a supple- The PRESIDING OFFICER. Morning tion. General Petraeus supports Presi- mental spending bill to strict new business is closed. dent Bush’s plan and new strategy in standards for resetting, equipping, and f Iraq and has embarked on the mission training troops. This strategy to choke off resources and the Senate plan to re- IMPROVING AMERICA’S SECURITY for which President Bush chose him ACT OF 2007 and for which this body unanimously vise the use of force authorization are confirmed him. Once again, now we are attempts to make the war in Iraq The PRESIDING OFFICER. Under being asked to disapprove and de- unwinnable while avoiding political re- the previous order, the Senate will now authorize the very mission we have sponsibility. proceed to the consideration of S. 4, unanimously confirmed him to exe- As Charles Krauthammer has said: which the clerk will report. cute. Hopefully, my colleagues can see Slowly bleeding our forces by defunding The assistant legislative clerk read the irony, as well as the inconsistency, what our commanders think they need to as follows: win or rewording the authorization of the in the choice they are presenting be- A bill (S. 4) to make the United States use of force so that lawyers decide what op- more secure by implementing unfinished rec- fore this body. erations are to be launched is no way to As I have said before, we need to give ommendations of the 9/11 Commission to fight a war. It is no way to end a war. It is fight the war on terror more effectively, to the new strategy in Iraq a chance to a way to complicate the war and make it in- improve homeland security, and for other work. If General Petraeus comes and herently unwinnable—and to shirk the polit- purposes. ical responsibility for doing so. says it is not working, then I am pre- The Senate proceeded to consider the pared to change course. President There is nothing easy or pretty about bill which had been reported from the Bush’s current strategy is not guaran- war, and this war is no exception. Not Committee on Homeland Security and teed to work. However, no approach I a day passes that I don’t consider the Governmental Affairs, with an amend- have seen or heard discussed in the human cost of our attempt to defeat ment to strike all after the enacting past several months has any greater the terrorists and eradicate extremism clause and insert in lieu thereof the chance of success than the course we in Iraq and replace it with a self-reli- following: are now taking. Therefore, this strat- ant and representative government. S. 4 egy deserves a chance. The debate, as we move forward, In talking with some of my col- should focus on how we can most Be it enacted by the Senate and House of Rep- resentatives of the United States of America in leagues, on the Republican side as well quickly and effectively achieve the vic- Congress assembled, as the Democratic side, who recently tory that all of us desire. It is not øSECTION 1. SHORT TITLE. returned from Iraq, I am very hopeful about political posturing. It is about øThis Act may be cited as the ‘‘Improving that based on the comments they have what Congress can do to support our America’s Security by Implementing Unfin- made, per their visual inspection of young men and women in Iraq and help ished Recommendations of the 9/11 Commis- what is going on in Iraq today, based them accomplish this critical mission. sion Act of 2007’’.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4863 øSEC. 2. SENSE OF CONGRESS. Sec. 602. Biosurveillance efforts. in accordance with this section to provide warn- øIt is the sense of Congress that Congress Sec. 603. Interagency coordination to enhance ings regarding the risk of terrorist attacks on should enact, and the President should sign, defenses against nuclear and ra- the homeland to Federal, State, local, and tribal legislation to make the United States more diological weapons of mass de- government authorities and to the people of the secure by implementing unfinished rec- struction. United States, as appropriate. The Secretary ommendations of the 9/11 Commission to TITLE VII—PRIVATE SECTOR shall exercise primary responsibility for pro- fight the war on terror more effectively and PREPAREDNESS viding such warnings. to improve homeland security.¿ Sec. 701. Definitions. ‘‘(b) REQUIRED ELEMENTS.—In administering SECTION 1. SHORT TITLE. Sec. 702. Responsibilities of the private sector the Homeland Security Advisory System, the This Act may be cited as the ‘‘Improving office of the Department. Secretary shall— America’s Security Act of 2007’’. Sec. 703. Voluntary national preparedness ‘‘(1) establish criteria for the issuance and SEC. 2. DEFINITIONS. standards compliance; accredita- revocation of such warnings; In this Act: tion and certification program for ‘‘(2) develop a methodology, relying on the (1) DEPARTMENT.—The term ‘‘Department’’ the private sector. criteria established under paragraph (1), for the means the Department of Homeland Security. Sec. 704. Sense of Congress regarding promoting issuance and revocation of such warnings; (2) SECRETARY.—The term ‘‘Secretary’’ means an international standard for pri- ‘‘(3) provide, in each such warning, specific the Secretary of Homeland Security. vate sector preparedness. information and advice regarding appropriate SEC. 3. TABLE OF CONTENTS. Sec. 705. Report to Congress. protective measures and countermeasures that The table of contents for this Act is as follows: Sec. 706. Rule of construction. may be taken in response to that risk, at the maximum level of detail practicable to enable in- Sec. 1. Short title. TITLE VIII—TRANSPORTATION SECURITY Sec. 2. Definitions. dividuals, government entities, emergency re- PLANNING AND INFORMATION SHARING Sec. 3. Table of contents. sponse providers, and the private sector to act TITLE I—IMPROVING INTELLIGENCE AND Sec. 801. Transportation security strategic plan- appropriately; and INFORMATION SHARING WITHIN THE ning. ‘‘(4) whenever possible, limit the scope of each FEDERAL GOVERNMENT AND WITH Sec. 802. Transportation security information such warning to a specific region, locality, or STATE, LOCAL, AND TRIBAL GOVERN- sharing. economic sector believed to be at risk. MENTS Sec. 803. Transportation Security Administra- tion personnel management. ‘‘SEC. 204. HOMELAND SECURITY INFORMATION Subtitle A—Homeland Security Information SHARING. Sharing Enhancement TITLE IX—INCIDENT COMMAND SYSTEM ‘‘(a) INFORMATION SHARING.—Consistent with Sec. 111. Homeland Security Advisory System Sec. 901. Preidentifying and evaluating multi- section 1016 of the Intelligence Reform and Ter- and information sharing. jurisdictional facilities to rorism Prevention Act of 2004 (6 U.S.C. 485), the Sec. 112. Information sharing. strengthen incident command; pri- Secretary shall integrate and standardize the Sec. 113. Intelligence training development for vate sector preparedness. information of the intelligence components of State and local government offi- Sec. 902. Credentialing and typing to strength- the Department, except for any internal proto- cials. en incident command. cols of such intelligence components, to be ad- Sec. 114. Information sharing incentives. TITLE X—CRITICAL INFRASTRUCTURE ministered by the Chief Intelligence Officer. Subtitle B—Homeland Security Information PROTECTION ‘‘(b) INFORMATION SHARING AND KNOWLEDGE Sharing Partnerships Sec. 1001. Critical infrastructure protection. MANAGEMENT OFFICERS.—For each intelligence Sec. 121. State, Local, and Regional Fusion Sec. 1002. Risk assessment and report. component of the Department, the Secretary Center Initiative. Sec. 1003. Use of existing capabilities. shall designate an information sharing and knowledge management officer who shall report Sec. 122. Homeland Security Information Shar- TITLE XI—CONGRESSIONAL OVERSIGHT to the Chief Intelligence Officer regarding co- ing Fellows Program. OF INTELLIGENCE Subtitle C—Interagency Threat Assessment and ordinating the different systems used in the De- Sec. 1101. Availability to public of certain intel- partment to gather and disseminate homeland Coordination Group ligence funding information. Sec. 131. Interagency Threat Assessment and security information. Sec. 1102. Response of intelligence community ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR Coordination Group. to requests from Congress. SOURCES OF INFORMATION.— TITLE II—HOMELAND SECURITY GRANTS Sec. 1103. Public Interest Declassification ‘‘(1) ESTABLISHMENT OF BUSINESS PROC- Sec. 201. Short title. Board. ESSES.—The Chief Intelligence Officer shall— Sec. 202. Homeland Security Grant Program. TITLE XII—INTERNATIONAL COOPERA- ‘‘(A) establish Department-wide procedures Sec. 203. Technical and conforming amend- TION ON ANTITERRORISM TECH- for the review and analysis of information gath- ments. NOLOGIES ered from sources in State, local, and tribal gov- TITLE III—COMMUNICATIONS Sec. 1201. Promoting antiterrorism capabilities ernment and the private sector; OPERABILITY AND INTEROPERABILITY through international coopera- ‘‘(B) as appropriate, integrate such informa- Sec. 301. Dedicated funding to achieve emer- tion. tion into the information gathered by the De- gency communications operability Sec. 1202. Transparency of funds. partment and other departments and agencies of and interoperable communica- TITLE XIII—MISCELLANEOUS PROVISIONS the Federal Government; and tions. ‘‘(C) make available such information, as ap- Sec. 1301. Deputy Secretary of Homeland Sec- Sec. 302. Border Interoperability Demonstration propriate, within the Department and to other Project. retary for Management. Sec. 1302. Sense of the Senate regarding com- departments and agencies of the Federal Gov- TITLE IV—ENHANCING SECURITY OF bating domestic radicalization. ernment. INTERNATIONAL TRAVEL Sec. 1303. Sense of the Senate regarding over- ‘‘(2) FEEDBACK.—The Secretary shall develop Sec. 401. Modernization of the visa waiver pro- sight of homeland security. mechanisms to provide feedback regarding the gram. Sec. 1304. Report regarding border security. analysis and utility of information provided by Sec. 402. Strengthening the capabilities of the any entity of State, local, or tribal government Human Smuggling and Traf- TITLE I—IMPROVING INTELLIGENCE AND or the private sector that gathers information ficking Center. INFORMATION SHARING WITHIN THE and provides such information to the Depart- Sec. 403. Enhancements to the Terrorist Travel FEDERAL GOVERNMENT AND WITH ment. STATE, LOCAL, AND TRIBAL GOVERN- Program. ‘‘(d) TRAINING AND EVALUATION OF EMPLOY- MENTS Sec. 404. Enhanced driver’s license. EES.— Sec. 405. Western Hemisphere Travel Initiative. Subtitle A—Homeland Security Information ‘‘(1) TRAINING.—The Chief Intelligence Officer TITLE V—PRIVACY AND CIVIL LIBERTIES Sharing Enhancement shall provide to employees of the Department MATTERS SEC. 111. HOMELAND SECURITY ADVISORY SYS- opportunities for training and education to de- Sec. 501. Modification of authorities relating to TEM AND INFORMATION SHARING. velop an understanding of— Privacy and Civil Liberties Over- (a) ADVISORY SYSTEM AND INFORMATION ‘‘(A) the definition of homeland security in- sight Board. SHARING.— formation; and Sec. 502. Privacy and civil liberties officers. (1) IN GENERAL.—Subtitle A of title II of the ‘‘(B) how information available to such em- Sec. 503. Department Privacy Officer. Homeland Security Act of 2002 (6 U.S.C. 121 et ployees as part of their duties— Sec. 504. Federal Agency Data Mining Report- seq.) is amended by adding at the end the fol- ‘‘(i) might qualify as homeland security infor- ing Act of 2007. lowing: mation; and TITLE VI—ENHANCED DEFENSES AGAINST ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYS- ‘‘(ii) might be relevant to the intelligence com- WEAPONS OF MASS DESTRUCTION TEM. ponents of the Department. Sec. 601. National Biosurveillance Integration ‘‘(a) REQUIREMENT.—The Secretary shall ad- ‘‘(2) EVALUATIONS.—The Chief Intelligence Center. minister the Homeland Security Advisory System Officer shall—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00071 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4864 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(A) on an ongoing basis, evaluate how em- ‘‘(7) To review, analyze, and make rec- rules and policies for the access, use, and reten- ployees of the Office of Intelligence and Anal- ommendations for improvements in the policies tion of information within the scope of the in- ysis and the intelligence components of the De- and procedures governing the sharing of intel- formation sharing environment; and partment are utilizing homeland security infor- ligence information, intelligence-related infor- ‘‘(O) incorporates continuous, real-time, and mation, sharing information within the Depart- mation, and other information relating to home- immutable audit capabilities, to the maximum ment, as described in this subtitle, and partici- land security within the Federal Government extent practicable.’’; pating in the information sharing environment and among the Federal Government and State, (3) in subsection (f)— established under section 1016 of the Intelligence local, and tribal government agencies and au- (A) in paragraph (1)— Reform and Terrorism Prevention Act of 2004 (6 thorities, consistent with the information shar- (i) by striking ‘‘during the two-year period be- U.S.C. 485); and ing environment established under section 1016 ginning on the date of designation under this ‘‘(B) provide a report regarding any evalua- of the Intelligence Reform and Terrorism Pre- paragraph unless sooner’’ and inserting tion under subparagraph (A) to the appropriate vention Act of 2004 (6 U.S.C. 485) and any poli- ‘‘until’’; and component heads. cies, guidelines, procedures, instructions or (ii) by striking ‘‘The program manager shall ‘‘SEC. 205. COORDINATION WITH INFORMATION standards established by the President or, as ap- have and exercise governmentwide authority.’’ SHARING ENVIRONMENT. propriate, the program manager for the imple- and inserting ‘‘Except as otherwise expressly ‘‘All activities to comply with sections 203 and mentation and management of that environ- provided by law, the program manager, in con- 204 shall be— ment.’’. sultation with the head of any affected depart- ‘‘(1) implemented in coordination with the ment or agency, shall have and exercise govern- program manager for the information sharing SEC. 112. INFORMATION SHARING. Section 1016 of the Intelligence Reform and mentwide authority over the sharing of informa- environment established under section 1016 of tion within the scope of the information sharing the Intelligence Reform and Terrorism Preven- Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended— environment by all Federal departments, agen- tion Act of 2004 (6 U.S.C. 485); and cies, and components, irrespective of the Federal ‘‘(2) consistent with and support the establish- (1) in subsection (a)— (A) by redesignating paragraphs (1) through department, agency, or component in which the ment of that environment, and any policies, program manager may be administratively lo- guidelines, procedures, instructions, or stand- (4) as paragraphs (2) through (5), respectively; (B) by inserting before paragraph (2), as so re- cated.’’; and ards established by the President or, as appro- designated, the following: (B) in paragraph (2)(A)— priate, the program manager for the implemen- ‘‘(1) HOMELAND SECURITY INFORMATION.—The (i) by redesignating clause (iii) as clause (v); tation and management of that environment.’’. term ‘homeland security information’ has the and (2) TECHNICAL AND CONFORMING AMEND- meaning given that term in section 892 of the (ii) by striking clause (ii) and inserting the MENTS.— following: (A) IN GENERAL.—Section 201(d) of the Home- Homeland Security Act of 2002 (6 U.S.C. 482).’’; ‘‘(ii) assist in the development of policies, as land Security Act of 2002 (6 U.S.C. 121(d)) is (C) in paragraph (5), as so redesignated— appropriate, to foster the development and prop- amended— (i) by redesignating subparagraphs (A) er operation of the ISE; (i) by striking paragraph (7); and through (D) as clauses (i) through (iv), respec- (ii) by redesignating paragraphs (8) through tively, and adjusting the margin accordingly; ‘‘(iii) issue governmentwide procedures, guide- (19) as paragraphs (7) through (18), respectively. (ii) by striking ‘‘ ‘terrorism information’ lines, instructions, and functional standards, as (B) TABLE OF CONTENTS.—The table of con- means’’ and inserting the following: ‘‘ ‘terrorism appropriate, for the management, development, tents in section 1(b) of the Homeland Security information’— and proper operation of the ISE; Act of 2002 (6 U.S.C. 101 et seq.) is amended by ‘‘(A) means’’; ‘‘(iv) identify and resolve information sharing inserting after the item relating to section 202 (iii) in subparagraph (A)(iv), as so redesig- disputes between Federal departments, agencies, the following: nated, by striking the period at the end and in- and components; and’’; (4) in subsection (g)— ‘‘Sec. 203. Homeland Security Advisory System. serting ‘‘; and’’; and (A) in paragraph (1), by striking ‘‘during the ‘‘Sec. 204. Homeland Security Information (iv) by adding at the end the following: two-year period beginning on the date of the Sharing. ‘‘(B) includes homeland security information ‘‘Sec. 205. Coordination with information shar- and weapons of mass destruction information.’’; initial designation of the program manager by ing environment.’’. and the President under subsection (f)(1), unless (D) by adding at the end the following: sooner’’ and inserting ‘‘until’’; (b) INTELLIGENCE COMPONENT DEFINED.— ‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMA- (B) in paragraph (2)— (1) IN GENERAL.—Section 2 of the Homeland TION.—The term ‘weapons of mass destruction (i) in subparagraph (F), by striking ‘‘and’’ at Security Act of 2002 (6 U.S.C. 101) is amended— (A) by redesignating paragraphs (9) through information’ means information that could rea- the end; (16) as paragraphs (10) through (17), respec- sonably be expected to assist in the development, (ii) by redesignating subparagraph (G) as sub- tively; and proliferation, or use of a weapon of mass de- paragraph (I); and (B) by inserting after paragraph (8) the fol- struction (including chemical, biological, radio- (iii) by inserting after subparagraph (F) the lowing: logical, and nuclear weapons) that could be following: ‘‘(9) The term ‘intelligence component of the used by a terrorist or a terrorist organization ‘‘(G) assist the program manager in identi- Department’ means any directorate, agency, or against the United States, including information fying and resolving information sharing dis- other element or entity of the Department that about the location of any stockpile of nuclear putes between Federal departments, agencies, gathers, receives, analyzes, produces, or dissemi- materials that could be exploited for use in such and components; nates homeland security information.’’. a weapon that could be used by a terrorist or a ‘‘(H) identify appropriate personnel for as- (2) TECHNICAL AND CONFORMING AMEND- terrorist organization against the United signment to the program manager to support MENTS.— States.’’; staffing needs identified by the program man- (A) HOMELAND SECURITY ACT OF 2002.—Section (2) in subsection (b)(2)— ager; and’’; 501(11) of the Homeland Security Act of 2002 (6 (A) in subparagraph (H), by striking ‘‘and’’ at (C) in paragraph (4), by inserting ‘‘(including U.S.C. 311(11)) is amended by striking ‘‘section the end; any subsidiary group of the Information Shar- 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’. (B) in subparagraph (I), by striking the period ing Council)’’ before ‘‘shall not be subject’’; and (B) OTHER LAW.—Section 712(a) of title 14, at the end and inserting a semicolon; and (D) by adding at the end the following: United States Code, is amended by striking ‘‘sec- (C) by adding at the end the following: ‘‘(5) DETAILEES.—Upon a request by the Di- tion 2(15) of the Homeland Security Act of 2002 ‘‘(J) integrates the information within the rector of National Intelligence, the departments (6 U.S.C. 101(15))’’ and inserting ‘‘section 2(16) scope of the information sharing environment, and agencies represented on the Information of the Homeland Security Act of 2002 (6 U.S.C. including any such information in legacy tech- Sharing Council shall detail to the program 101(16))’’. nologies; manager, on a reimbursable basis, appropriate (c) RESPONSIBILITIES OF THE UNDER SEC- ‘‘(K) integrates technologies, including all leg- personnel identified under paragraph (2)(H).’’; RETARY FOR INFORMATION ANALYSIS AND INFRA- acy technologies, through Internet-based serv- (5) in subsection (h)(1), by striking ‘‘and an- STRUCTURE PROTECTION.—Section 201(d) of the ices; nually thereafter’’ and inserting ‘‘and not later Homeland Security Act of 2002 (6 U.S.C. 121(d)) ‘‘(L) allows the full range of analytic and than June 30 of each year thereafter’’; and is amended— operational activities without the need to cen- (6) by striking subsection (j) and inserting the (1) in paragraph (1), by inserting ‘‘, in sup- tralize information within the scope of the infor- following: port of the mission responsibilities of the De- mation sharing environment; ‘‘(j) REPORT ON THE INFORMATION SHARING partment and consistent with the functions of ‘‘(M) permits analysts to collaborate both ENVIRONMENT.— the National Counterterrorism Center estab- independently and in a group (commonly ‘‘(1) IN GENERAL.—Not later than 180 days lished under section 119 of the National Security known as ‘collective and noncollective collabo- after the date of enactment of the Improving Act of 1947 (50 U.S.C. 50 U.S.C. 404o),’’ after ration’), and across multiple levels of national America’s Security Act of 2007, the President ‘‘and to integrate such information’’; and security information and controlled unclassified shall report to the Committee on Homeland Se- (2) by striking paragraph (7), as redesignated information; curity and Governmental Affairs of the Senate, by subsection (a)(2)(A) of this section, and in- ‘‘(N) provides a resolution process that en- the Select Committee on Intelligence of the Sen- serting the following: ables changes by authorized officials regarding ate, the Committee on Homeland Security of the

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If such entities do not have the ca- forces in foreign or domestic areas that directly sharing of information within the scope of the pacity, resources, or capabilities to conduct such or indirectly affect national security; information sharing environment between and training, the Secretary may approve another en- ‘‘(5) the term ‘intelligence-led policing’ means among participants in the information sharing tity to conduct the training. the collection and analysis of information to environment, unless the President has— (c) CONSULTATION.—In carrying out the duties produce an intelligence end product designed to ‘‘(i) specifically exempted categories of infor- described in subsection (a), the Chief Intel- inform law enforcement decision making at the mation from such elimination; and ligence Officer shall consult with the Director of tactical and strategic levels; and ‘‘(ii) reported that exemption to the commit- the Federal Law Enforcement Training Center, ‘‘(6) the term ‘terrorism information’ has the tees of Congress described in the matter pre- the Attorney General, the Director of National meaning given that term in section 1016 of the ceding this subparagraph; and Intelligence, the Administrator of the Federal Intelligence Reform and Terrorist Prevention ‘‘(B) continuing to use Federal agency stand- Emergency Management Agency, and other ap- Act of 2004 (6 U.S.C. 485). ards in effect on such date of enactment for the propriate parties, such as private industry, in- ‘‘(b) ESTABLISHMENT.—The Secretary, in con- collection, sharing, and access to information stitutions of higher education, nonprofit institu- sultation with the program manager of the in- within the scope of the information sharing en- tions, and other intelligence agencies of the formation sharing environment established vironment relating to citizens and lawful perma- Federal Government. under section 1016 of the Intelligence Reform nent residents; (d) AUTHORIZATION OF APPROPRIATIONS.— and Terrorist Prevention Act of 2004 (6 U.S.C. ‘‘(C) replacing the standards described in sub- There are authorized to be appropriated such 485), the Attorney General, the Privacy Officer paragraph (B) with a standard that would sums as are necessary to carry out this section. of the Department, the Officer for Civil Rights allow mission-based or threat-based permission SEC. 114. INFORMATION SHARING INCENTIVES. and Civil Liberties of the Department, and the to access or share information within the scope (a) AWARDS.—In making cash awards under Privacy and Civil Liberties Oversight Board es- of the information sharing environment for a chapter 45 of title 5, United States Code, the tablished under section 1061 of the Intelligence particular purpose that the Federal Govern- President or the head of an agency, in consulta- Reform and Terrorist Prevention Act of 2004 (5 ment, through an appropriate process, has de- tion with the program manager designated U.S.C. 601 note), shall establish a State, Local, termined to be lawfully permissible for a par- under section 1016 of the Intelligence Reform and Regional Fusion Center Initiative to estab- ticular agency, component, or employee (com- and Terrorist Prevention Act of 2004 (6 U.S.C. lish partnerships with State, local, and regional monly known as an ‘authorized use’ standard); 485), may consider the success of an employee in fusion centers. and sharing information within the scope of the in- ‘‘(c) DEPARTMENT SUPPORT AND COORDINA- ‘‘(D) the use of anonymized data by Federal formation sharing environment established TION.—Through the State, Local, and Regional departments, agencies, or components collecting, under that section in a manner consistent with Fusion Center Initiative, the Secretary shall— possessing, disseminating, or handling informa- any policies, guidelines, procedures, instruc- ‘‘(1) coordinate with the principal officer of tion within the scope of the information sharing tions, or standards established by the President each State, local, or regional fusion center and environment, in any cases in which— or, as appropriate, the program manager of that the officer designated as the Homeland Security ‘‘(i) the use of such information is reasonably environment for the implementation and man- Advisor of the State; expected to produce results materially equiva- agement of that environment. ‘‘(2) provide operational and intelligence ad- lent to the use of information that is transferred (b) OTHER INCENTIVES.—The head of each de- vice and assistance to State, local, and regional or stored in a non-anonymized form; and partment or agency described in section 1016(i) fusion centers; ‘‘(ii) such use is consistent with any mission of the Intelligence Reform and Terrorist Preven- ‘‘(3) support efforts to include State, local, of that department, agency, or component (in- tion Act of 2004 (6 U.S.C. 485(i)), in consultation and regional fusion centers into efforts to estab- cluding any mission under a Federal statute or with the program manager designated under lish an information sharing environment; directive of the President) that involves the stor- section 1016 of the Intelligence Reform and Ter- ‘‘(4) conduct exercises, including live training age, retention, sharing, or exchange of person- rorist Prevention Act of 2004 (6 U.S.C. 485), shall exercises, to regularly assess the capability of ally identifiable information. adopt best practices regarding effective ways to individual and regional networks of State, local, ‘‘(2) DEFINITION.—In this subsection, the term educate and motivate officers and employees of and regional fusion centers to integrate the ef- ‘anonymized data’ means data in which the in- the Federal Government to engage in the infor- forts of such networks with the efforts of the dividual to whom the data pertains is not iden- mation sharing environment, including— Department; tifiable with reasonable efforts, including infor- (1) promotions and other nonmonetary ‘‘(5) coordinate with other relevant Federal mation that has been encrypted or hidden awards; and entities engaged in homeland security-related through the use of other technology. (2) publicizing information sharing accom- activities; ‘‘(k) ADDITIONAL POSITIONS.—The program plishments by individual employees and, where ‘‘(6) provide analytic and reporting advice manager is authorized to hire not more than 40 appropriate, the tangible end benefits that re- and assistance to State, local, and regional fu- full-time employees to assist the program man- sulted. sion centers; ager in— Subtitle B—Homeland Security Information ‘‘(7) review homeland security information ‘‘(1) identifying and resolving information Sharing Partnerships gathered by State, local, and regional fusion sharing disputes between Federal departments, SEC. 121. STATE, LOCAL, AND REGIONAL FUSION centers and incorporate relevant information agencies, and components under subsection CENTER INITIATIVE. with homeland security information of the De- (f)(2)(A)(iv); and (a) IN GENERAL.—Subtitle A of title II of the partment; ‘‘(2) other activities associated with the imple- Homeland Security Act of 2002 (6 U.S.C. 121 et ‘‘(8) provide management assistance to State, mentation of the information sharing environ- seq.), as amended by this Act, is amended by local, and regional fusion centers; ment, including— adding at the end the following: ‘‘(9) serve as a point of contact to ensure the ‘‘(A) implementing the requirements under ‘‘SEC. 206. STATE, LOCAL, AND REGIONAL FUSION dissemination of relevant homeland security in- subsection (b)(2); and CENTER INITIATIVE. formation; ‘‘(B) any additional implementation initia- ‘‘(a) DEFINITIONS.—In this section— ‘‘(10) facilitate close communication and co- tives to enhance and expedite the creation of the ‘‘(1) the term ‘Chief Intelligence Officer’ ordination between State, local, and regional information sharing environment. means the Chief Intelligence Officer of the De- fusion centers and the Department; ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— partment; ‘‘(11) provide State, local, and regional fusion There is authorized to be appropriated to carry ‘‘(2) the term ‘fusion center’ means a collabo- centers with expertise on Department resources out this section $30,000,000 for each of fiscal rative effort of 2 or more Federal, State, local, or and operations; years 2008 and 2009.’’. tribal government agencies that combines re- ‘‘(12) provide training to State, local, and re- SEC. 113. INTELLIGENCE TRAINING DEVELOP- sources, expertise, or information with the goal gional fusion centers and encourage such fusion MENT FOR STATE AND LOCAL GOV- of maximizing the ability of such agencies to de- centers to participate in terrorist threat-related ERNMENT OFFICIALS. tect, prevent, investigate, apprehend, and re- exercises conducted by the Department; and (a) CURRICULUM.—The Secretary, acting spond to criminal or terrorist activity; ‘‘(13) carry out such other duties as the Sec- through the Chief Intelligence Officer, shall de- ‘‘(3) the term ‘information sharing environ- retary determines are appropriate. velop curriculum for the training of State, local, ment’ means the information sharing environ- ‘‘(d) PERSONNEL ASSIGNMENT.— and tribal government officials relating to the ment established under section 1016 of the Intel- ‘‘(1) IN GENERAL.—The Chief Intelligence Offi- handling, review, and development of intel- ligence Reform and Terrorism Prevention Act of cer may, to the maximum extent practicable, as- ligence material. 2004 (6 U.S.C. 485); sign officers and intelligence analysts from com- (b) TRAINING.—To the extent possible, the ‘‘(4) the term ‘intelligence analyst’ means an ponents of the Department to State, local, and Federal Law Enforcement Training Center and individual who regularly advises, administers, regional fusion centers.

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‘‘(2) PERSONNEL SOURCES.—Officers and intel- ‘‘(A) shall ensure that each officer or intel- ‘‘(3) create a collaborative environment for the ligence analysts assigned to fusion centers ligence analyst assigned to a fusion center sharing of information within the scope of the under this subsection may be assigned from the under this section has the appropriate clearance information sharing environment established following Department components, in consulta- to contribute effectively to the mission of the fu- under section 1016 of the Intelligence Reform tion with the respective component head: sion center; and and Terrorism Prevention Act of 2004 (6 U.S.C. ‘‘(A) Office of Intelligence and Analysis, or its ‘‘(B) may request that security clearance proc- 485) among Federal, State, tribal, and local successor. essing be expedited for each such officer or in- emergency response providers, the private sec- ‘‘(B) Office of Infrastructure Protection. telligence analyst. tor, and the public, consistent with any policies, ‘‘(C) Transportation Security Administration. ‘‘(6) FURTHER QUALIFICATIONS.—Each officer guidelines, procedures, instructions, or stand- ‘‘(D) United States Customs and Border Pro- or intelligence analyst assigned to a fusion cen- ards established by the President or, as appro- tection. ter under this section shall satisfy any other priate, the program manager of the information ‘‘(E) United States Immigration and Customs qualifications the Chief Intelligence Officer may sharing environment; Enforcement. prescribe. ‘‘(4) leverage the databases, systems, and net- ‘‘(e) RESPONSIBILITIES.—An officer or intel- ‘‘(F) United States Coast Guard. works available from public and private sector ligence analyst assigned to a fusion center ‘‘(G) Other intelligence components of the De- entities to maximize information sharing; under this section shall— partment, as determined by the Secretary. ‘‘(5) develop, publish, and adhere to a privacy ‘‘(3) PARTICIPATION.— ‘‘(1) assist law enforcement agencies and other emergency response providers of State, local, and civil liberties policy consistent with Federal, ‘‘(A) IN GENERAL.—The Secretary may develop State, and local law; qualifying criteria for a fusion center to partici- and tribal governments and fusion center per- ‘‘(6) ensure appropriate security measures are pate in the assigning of Department officers or sonnel in using Federal homeland security in- in place for the facility, data, and personnel; intelligence analysts under this section. formation to develop a comprehensive and accu- ‘‘(7) select and train personnel based on the ‘‘(B) CRITERIA.—Any criteria developed under rate threat picture; needs, mission, goals, and functions of that fu- subparagraph (A) may include— ‘‘(2) review homeland security-relevant infor- ‘‘(i) whether the fusion center, through its mation from law enforcement agencies and other sion center; and mission and governance structure, focuses on a emergency response providers of State, local, ‘‘(8) offer a variety of intelligence services and broad counterterrorism approach, and whether and tribal government; products to recipients of fusion center intel- that broad approach is pervasive through all ‘‘(3) create intelligence and other information ligence and information. levels of the organization; products derived from such information and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—Ex- ‘‘(ii) whether the fusion center has sufficient other homeland security-relevant information cept for subsection (i), there are authorized to be numbers of adequately trained personnel to sup- provided by the Department; appropriated $10,000,000 for each of fiscal years ‘‘(4) assist in the dissemination of such prod- port a broad counterterrorism mission; 2008 through 2012, to carry out this section, in- ‘‘(iii) whether the fusion center has— ucts, under the coordination of the Chief Intel- cluding for hiring officers and intelligence ana- ‘‘(I) access to relevant law enforcement, emer- ligence Officer, to law enforcement agencies and lysts to replace officers and intelligence analysts gency response, private sector, open source, and other emergency response providers of State, who are assigned to fusion centers under this national security data; and local, and tribal government; and section.’’. ‘‘(II) the ability to share and analytically ex- ‘‘(5) assist in the dissemination of such prod- (b) TECHNICAL AND CONFORMING AMEND- ploit that data for authorized purposes; ucts to the Chief Intelligence Officer for collec- MENT.—The table of contents in section 1(b) of ‘‘(iv) whether the fusion center is adequately tion and dissemination to other fusion centers. the Homeland Security Act of 2002 (6 U.S.C. 101 ‘‘(f) DATABASE ACCESS.—In order to fulfill the funded by the State, local, or regional govern- et seq.) is amended by inserting after the item objectives described under subsection (e), each ment to support its counterterrorism mission; relating to section 205, as added by this Act, the officer or intelligence analyst assigned to a fu- and following: sion center under this section shall have direct ‘‘(v) the relevancy of the mission of the fusion access to all relevant Federal databases and in- ‘‘Sec. 206. State, Local, and Regional Informa- center to the particular source component of De- formation systems, consistent with any policies, tion Fusion Center Initiative.’’. partment officers or intelligence analysts. guidelines, procedures, instructions, or stand- (c) REPORTS.— ‘‘(4) PREREQUISITE.— ards established by the President or, as appro- (1) CONCEPT OF OPERATIONS.—Not later than ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND priate, the program manager of the information 90 days after the date of enactment of this Act CIVIL LIBERTIES TRAINING.—Before being as- signed to a fusion center under this section, an sharing environment for the implementation and and before the State, Local, and Regional Fu- officer or intelligence analyst shall undergo— management of that environment. sion Center Initiative under section 206 of the ‘‘(g) CONSUMER FEEDBACK.— ‘‘(i) appropriate intelligence analysis or infor- Homeland Security Act of 2002, as added by sub- ‘‘(1) IN GENERAL.—The Secretary shall create mation sharing training using an intelligence- section (a), (in this section referred to as the a mechanism for any State, local, or tribal emer- led policing curriculum that is consistent with— ‘‘program’’) has been implemented, the Sec- gency response provider who is a consumer of ‘‘(I) standard training and education pro- retary, in consultation with the Privacy Officer the intelligence or other information products grams offered to Department law enforcement of the Department, the Officer for Civil Rights described under subsection (e) to voluntarily and intelligence personnel; and and Civil Liberties of the Department, and the provide feedback to the Department on the qual- ‘‘(II) the Criminal Intelligence Systems Oper- Privacy and Civil Liberties Oversight Board es- ity and utility of such intelligence products. ating Policies under part 23 of title 28, Code of tablished under section 1061 of the Intelligence ‘‘(2) RESULTS.—The results of the voluntary Federal Regulations (or any corresponding simi- Reform and Terrorist Prevention Act of 2004 (5 feedback under paragraph (1) shall be provided U.S.C. 601 note), shall submit to the Committee lar regulation or ruling); electronically to Congress and appropriate per- ‘‘(ii) appropriate privacy and civil liberties on Homeland Security and Governmental Af- sonnel of the Department. training that is developed, supported, or spon- fairs of the Senate and the Committee on Home- ‘‘(h) RULE OF CONSTRUCTION.— land Security of the House of Representatives a sored by the Privacy Officer appointed under ‘‘(1) IN GENERAL.—The authorities granted report that contains a concept of operations for section 222 and the Officer for Civil Rights and under this section shall supplement the authori- the program, which shall— Civil Liberties of the Department, in partnership ties granted under section 201(d) and nothing in (A) include a clear articulation of the pur- with the Privacy and Civil Liberties Oversight this section shall be construed to abrogate the poses, goals, and specific objectives for which Board established under section 1061 of the In- authorities granted under section 201(d). the program is being developed; telligence Reform and Terrorism Prevention Act ‘‘(2) PARTICIPATION.—Nothing in this section of 2004 (5 U.S.C. 601 note); and shall be construed to require a State, local, or (B) identify stakeholders in the program and ‘‘(iii) such other training prescribed by the regional government or entity to accept the as- provide an assessment of their needs; Chief Intelligence Officer. signment of officers or intelligence analysts of (C) contain a developed set of quantitative ‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In the Department into the fusion center of that metrics to measure, to the extent possible, pro- determining the eligibility of an officer or intel- State, locality, or region. gram output; ligence analyst to be assigned to a fusion center ‘‘(i) GUIDELINES.—The Secretary, in consulta- (D) contain a developed set of qualitative in- under this section, the Chief Intelligence Officer tion with the Attorney General of the United struments (including surveys and expert inter- shall consider the familiarity of the officer or in- States, shall establish guidelines for fusion cen- views) to assess the extent to which stakeholders telligence analyst with the State, locality, or re- ters operated by State and local governments, to believe their needs are being met; and gion, as determined by such factors as whether include standards that any such fusion center (E) include a privacy and civil liberties impact the officer or intelligence analyst— shall— assessment. ‘‘(i) has been previously assigned in the geo- ‘‘(1) collaboratively develop a mission state- (2) PRIVACY AND CIVIL LIBERTIES.—Not later graphic area; or ment, identify expectations and goals, measure than 1 year after the date on which the program ‘‘(ii) has previously worked with intelligence performance, and determine effectiveness for is implemented, the Privacy and Civil Liberties officials or emergency response providers from that fusion center; Oversight Board established under section 1061 that State, locality, or region. ‘‘(2) create a representative governance struc- of the Intelligence Reform and Terrorist Preven- ‘‘(5) EXPEDITED SECURITY CLEARANCE PROC- ture that includes emergency response providers tion Act of 2004 (5 U.S.C. 601 note), in consulta- ESSING.—The Chief Intelligence Officer— and, as appropriate, the private sector; tion with the Privacy Officer of the Department

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HOMELAND SECURITY INFORMATION local, or tribal law enforcement or other govern- cilitate the production of federally coordinated SHARING FELLOWS PROGRAM. ment entity shall be required to participate in products derived from information within the (a) ESTABLISHMENT OF PROGRAM.—Subtitle A the Homeland Security Information Sharing scope of the information sharing environment of title II of the Homeland Security Act of 2002 Fellows Program. established under section 1016 of the Intelligence (6 U.S.C. 121 et seq.), as amended by this Act, is ‘‘(d) PROCEDURES FOR NOMINATION AND SE- Reform and Terrorism Prevention Act of 2004 (6 amended by adding at the end the following: LECTION.— U.S.C. 485) and intended for distribution to ‘‘SEC. 207. HOMELAND SECURITY INFORMATION ‘‘(1) IN GENERAL.—The Chief Intelligence Offi- State, local, and tribal government officials and SHARING FELLOWS PROGRAM. cer shall establish procedures to provide for the the private sector. ‘‘(a) ESTABLISHMENT.— nomination and selection of individuals to par- (c) OPERATIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting ticipate in the Homeland Security Information (1) IN GENERAL.—The ITACG shall be located through the Chief Intelligence Officer, and in Sharing Fellows Program. at the facilities of the National Counterterrorism consultation with the Chief Human Capital Of- ‘‘(2) LIMITATIONS.—The Chief Intelligence Of- Center of the Office of the Director of National ficer, shall establish a fellowship program in ac- ficer shall— Intelligence. cordance with this section for the purpose of— ‘‘(A) select law enforcement officers and intel- (2) MANAGEMENT.— (A) IN GENERAL.—The Secretary shall assign a ‘‘(A) detailing State, local, and tribal law en- ligence analysts representing a broad cross-sec- senior level officer to manage and direct the ad- forcement officers and intelligence analysts to tion of State, local, and tribal agencies; and ministration of the ITACG. the Department in accordance with subchapter ‘‘(B) ensure that the number of Information (B) DISTRIBUTION.—The Secretary, in con- VI of chapter 33 of title 5, United States Code, Sharing Fellows selected does not impede the ac- sultation with the Attorney General and the to participate in the work of the Office of Intel- tivities of the Office of Intelligence and Anal- heads of other agencies, as appropriate, shall ligence and Analysis in order to become familiar ysis. determine how specific products shall be distrib- with— ‘‘(e) DEFINITIONS.—In this section— uted to State, local, and tribal officials and pri- ‘‘(i) the relevant missions and capabilities of ‘‘(1) the term ‘Chief Intelligence Officer’ vate sector partners under this section. the Department and other Federal agencies; and means the Chief Intelligence Officer of the De- (C) STANDARDS FOR ADMISSION.—The Sec- ‘‘(ii) the role, programs, products, and per- partment; and retary, acting through the Chief Intelligence Of- sonnel of the Office of Intelligence and Anal- ‘‘(2) the term ‘Office of Intelligence and Anal- ficer and in consultation with the Director of ysis; and ysis’ means the office of the Chief Intelligence National Intelligence, the Attorney General, ‘‘(B) promoting information sharing between Officer.’’. and the program manager of the information the Department and State, local, and tribal law (b) TECHNICAL AND CONFORMING AMEND- sharing environment established under section enforcement officers and intelligence analysts MENT.—The table of contents in section 1(b) of 1016 of the Intelligence Reform and Terrorist by assigning such officers and analysts to— the Homeland Security Act of 2002 (6 U.S.C. 101 Prevention Act of 2004 (6 U.S.C. 485), shall es- ‘‘(i) serve as a point of contact in the Depart- et seq.) is amended by inserting after the item tablish standards for the admission of law en- ment to assist in the representation of State, relating to section 206, as added by this Act, the forcement and intelligence officials from a State, local, and tribal homeland security information following: local, or tribal government into the ITACG. needs; ‘‘Sec. 207. Homeland Security Information (d) MEMBERSHIP.— ‘‘(ii) identify homeland security information Sharing Fellows Program.’’. (1) IN GENERAL.—The ITACG shall include of interest to State, local, and tribal law en- (c) REPORTS.— representatives of— forcement officers, emergency response pro- (1) CONCEPT OF OPERATIONS.—Not later than (A) the Department; viders, and intelligence analysts; and 90 days after the date of enactment of this Act, (B) the Federal Bureau of Investigation; ‘‘(iii) assist Department analysts in preparing and before the implementation of the Homeland (C) the Department of Defense; and disseminating terrorism-related products Security Information Sharing Fellows Program (D) the Department of Energy; that are tailored to State, local, and tribal emer- under section 207 of the Homeland Security Act (E) law enforcement and intelligence officials gency response providers, law enforcement offi- of 2002, as added by subsection (a), (in this sec- from State, local, and tribal governments, as ap- cers, and intelligence analysts and designed to tion referred to as the ‘‘Program’’) the Sec- propriate; and prepare for and thwart terrorist attacks. retary, in consultation with the Privacy Officer (F) other Federal entities as appropriate. ‘‘(2) PROGRAM NAME.—The program under this of the Department, the Officer for Civil Rights (2) CRITERIA.—The program manager for the section shall be known as the ‘Homeland Secu- and Civil Liberties of the Department, and the information sharing environment, in consulta- rity Information Sharing Fellows Program’. Privacy and Civil Liberties Oversight Board es- tion with the Secretary of Defense, the Sec- ‘‘(b) ELIGIBILITY.— tablished under section 1061 of the Intelligence retary, the Director of National Intelligence, ‘‘(1) IN GENERAL.—In order to be eligible for Reform and Terrorist Prevention Act of 2004 (5 and the Director of the Federal Bureau of In- selection as an Information Sharing Fellow U.S.C. 601 note), shall submit to the Committee vestigation shall develop qualifying criteria and under the program under this section, an indi- on Homeland Security and Governmental Af- establish procedures for selecting personnel as- vidual shall— fairs of the Senate and the Committee on Home- signed to the ITACG and for the proper han- ‘‘(A) have homeland security-related respon- land Security of the House of Representatives a dling and safeguarding of information related to sibilities; report that contains a concept of operations for terrorism. ‘‘(B) be eligible for an appropriate national the Program, which shall include a privacy and (e) INAPPLICABILITY OF THE FEDERAL ADVI- security clearance; civil liberties impact assessment. SORY COMMITTEE ACT.—The ITACG and any ‘‘(C) possess a valid need for access to classi- (2) REVIEW OF PRIVACY IMPACT.—Not later subsidiary groups thereof shall not be subject to fied information, as determined by the Chief In- than 1 year after the date on which the Pro- the requirements of the Federal Advisory Com- telligence Officer; gram is implemented, the Privacy and Civil Lib- mittee Act (5 U.S.C. App.). ‘‘(D) be an employee of an eligible entity; and erties Oversight Board established under section TITLE II—HOMELAND SECURITY GRANTS ‘‘(E) have undergone appropriate privacy and 1061 of the Intelligence Reform and Terrorist civil liberties training that is developed, sup- SEC. 201. SHORT TITLE. Prevention Act of 2004 (5 U.S.C. 601 note), in ported, or sponsored by the Privacy Officer and This title may be cited as the ‘‘Homeland Se- consultation with the Privacy Officer of the De- the Officer for Civil Rights and Civil Liberties, curity Grant Enhancement Act of 2007’’. partment and the Officer for Civil Rights and in partnership with the Privacy and Civil Lib- SEC. 202. HOMELAND SECURITY GRANT PRO- Civil Liberties of the Department, shall submit erties Oversight Board established under section GRAM. to Congress, the Secretary, and the Chief Intel- 1061 of the Intelligence Reform and Terrorist The Homeland Security Act of 2002 (6 U.S.C. ligence Officer of the Department a report on Prevention Act of 2004 (5 U.S.C. 601 note). 101 et seq.) is amended by adding at the end the the privacy and civil liberties impact of the Pro- ‘‘(2) ELIGIBLE ENTITIES.—In this subsection, following: gram. the term ‘eligible entity’ means— ‘‘TITLE XX—HOMELAND SECURITY ‘‘(A) a State, local, or regional fusion center; Subtitle C—Interagency Threat Assessment GRANTS ‘‘(B) a State or local law enforcement or other and Coordination Group ‘‘SEC. 2001. DEFINITIONS. government entity that serves a major metropoli- SEC. 131. INTERAGENCY THREAT ASSESSMENT ‘‘In this title, the following definitions shall tan area, suburban area, or rural area, as deter- AND COORDINATION GROUP. apply: mined by the Secretary; (a) IN GENERAL.—As part of efforts to estab- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(C) a State or local law enforcement or other lish the information sharing environment estab- trator’ means the Administrator of the Federal government entity with port, border, or agricul- lished under section 1016 of the Intelligence Re- Emergency Management Agency. tural responsibilities, as determined by the Sec- form and Terrorism Prevention Act of 2004 (6 ‘‘(2) COMBINED STATISTICAL AREA.—The term retary; U.S.C. 485), the program manager shall oversee ‘combined statistical area’ means a combined

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statistical area, as defined by the Office of Man- ‘‘(11) TRIBAL GOVERNMENT.—The term ‘tribal gram, simulations and exercises to test the min- agement and Budget. government’ means the government of an Indian imum performance requirements established ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di- tribe. under subparagraph (A) for— rectly eligible tribe’ means— ‘‘SEC. 2002. HOMELAND SECURITY GRANT PRO- ‘‘(i) emergencies (as that term is defined in ‘‘(A) any Indian tribe that— GRAM. section 102 of the Robert T. Stafford Disaster ‘‘(i) is located in the continental United ‘‘(a) ESTABLISHMENT.—There is established a Relief and Emergency Assistance Act (42 U.S.C. States; Homeland Security Grant Program, which shall 5122)) and major disasters not less than twice ‘‘(ii) operates a law enforcement or emergency consist of— each year; and response agency with the capacity to respond to ‘‘(1) the Urban Area Security Initiative estab- ‘‘(ii) catastrophic incidents (as that term is de- calls for law enforcement or emergency services; lished under section 2003, or any successor fined in section 501) not less than once each ‘‘(iii) is located— thereto; year; and ‘‘(I) on, or within 50 miles of, an international ‘‘(2) the State Homeland Security Grant Pro- ‘‘(C) ensure that entities that the Adminis- border or a coastline bordering an ocean or gram established under section 2004, or any suc- trator determines are failing to demonstrate international waters; cessor thereto; minimum performance requirements established ‘‘(II) within 10 miles of critical infrastructure ‘‘(3) the Emergency Management Performance under subparagraph (A) shall remedy the areas or has critical infrastructure within its territory; Grant Program established under section 2005 or of failure, not later than the end of the second or any successor thereto; and full fiscal year after the date of such determina- ‘‘(III) within or contiguous to 1 of the 50 larg- ‘‘(4) the Emergency Communications and tion by— est metropolitan statistical areas in the United Interoperability Grants Program established ‘‘(i) establishing a plan for the achievement of States; and under section 1809, or any successor thereto. the minimum performance requirements under ‘‘(iv) certifies to the Secretary that a State is ‘‘(b) GRANTS AUTHORIZED.—The Secretary, subparagraph (A), including— not making funds distributed under this title through the Administrator, may award grants to ‘‘(I) developing intermediate indicators for the available to the Indian tribe or consortium of State, local, and tribal governments under the 2 fiscal years following the date of such deter- Indian tribes for the purpose for which the In- Homeland Security Grant Program for the pur- mination; and dian tribe or consortium of Indian tribes is seek- poses of this title. ‘‘(II) conducting additional simulations and ing grant funds; and exercises; and ‘‘(c) PROGRAMS NOT AFFECTED.—This title ‘‘(B) a consortium of Indian tribes, if each ‘‘(ii) revising an entity’s homeland security shall not be construed to affect any authority to tribe satisfies the requirements of subparagraph plan, if necessary, to achieve the minimum per- award grants under any of the following Fed- (A). formance requirements under subparagraph (A). eral programs: ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The term ‘‘(2) WAIVER.—At the discretion of the Admin- ‘‘(1) The firefighter assistance programs au- ‘eligible metropolitan area’ means the following: istrator, the occurrence of an actual emergency, thorized under section 33 and 34 of the Federal ‘‘(A) IN GENERAL.—A combination of 2 or more major disaster, or catastrophic incident in an Fire Prevention and Control Act of 1974 (15 incorporated municipalities, counties, parishes, area may be deemed as a simulation under para- U.S.C. 2229 and 2229a). or Indian tribes that— graph (1)(B). ‘‘(2) Except as provided in subsection (d), all ‘‘(i) is within— ‘‘(3) REPORT TO CONGRESS.—Not later than the grant programs authorized under the Robert T. ‘‘(I) any of the 100 largest metropolitan statis- end of the first full fiscal year after the date of Stafford Disaster Relief and Emergency Assist- tical areas in the United States; or enactment of the Improving America’s Security ance Act (42 U.S.C. 5121 et seq.), including the ‘‘(II) any combined statistical area, of which Act of 2007, and each fiscal year thereafter, the Urban Search and Rescue Grant Program. any metropolitan statistical area described in Administrator shall submit to the Committee on ‘‘(3) Grants to protect critical infrastructure, subparagraph (A) is a part; and Homeland Security and Governmental Affairs of including port security grants authorized under ‘‘(ii) includes the city with the largest popu- the Senate and to the Committee on Homeland section 70107 of title 46, United States Code. lation in that metropolitan statistical area. Security of the House of Representatives a re- ‘‘(4) The Metropolitan Medical Response Sys- ‘‘(B) OTHER COMBINATIONS.—Any other com- port describing— bination of contiguous local or tribal govern- tem authorized under section 635 of the Post- ‘‘(A) the performance of grantees under para- ments that are formally certified by the Admin- Katrina Emergency Management Reform Act of graph (1)(A); istrator as an eligible metropolitan area for pur- 2006 (6 U.S.C. 723). ‘‘(B) lessons learned through the simulations poses of this title with the consent of the State ‘‘(5) Grant programs other than those admin- and exercises under paragraph (1)(B); and or States in which such local or tribal govern- istered by the Department. ‘‘(C) efforts being made to remedy failed per- ments are located. ‘‘(d) RELATIONSHIP TO OTHER LAWS.— formance under paragraph (1)(C). ‘‘(1) IN GENERAL.—The Homeland Security ‘‘(C) INCLUSION OF ADDITIONAL LOCAL GOV- ‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. Grant Program shall supercede— ERNMENTS.—An eligible metropolitan area may ‘‘(a) ESTABLISHMENT.—There is established an ‘‘(A) all grant programs authorized under sec- include additional local or tribal governments Urban Area Security Initiative to provide grants tion 1014 of the USA PATRIOT Act (42 U.S.C. outside the relevant metropolitan statistical area to assist high-risk metropolitan areas in pre- 3714); and or combined statistical area that are likely to be venting, preparing for, protecting against, re- ‘‘(B) the Emergency Management Perform- affected by, or be called upon to respond to, a sponding to, and recovering from acts of ter- ance Grant authorized under the Robert T. Staf- terrorist attack within the metropolitan statis- rorism. ford Disaster Relief and Emergency Assistance tical area. ‘‘(b) APPLICATION.— ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ Act (42 U.S.C. 5121 et seq.) and section 662 of the ‘‘(1) IN GENERAL.—An eligible metropolitan has the meaning given that term in section 4(e) Post-Katrina Emergency Management Reform area may apply for grants under this section. of the Indian Self-Determination Act (25 U.S.C. Act of 2006 (6 U.S.C. 762). ‘‘(2) ANNUAL APPLICATIONS.—Applicants for 450b(e)). ‘‘(2) PROGRAM INTEGRITY.—Each grant pro- grants under this section shall apply or reapply ‘‘(6) METROPOLITAN STATISTICAL AREA.—The gram described under paragraphs (1) through on an annual basis for grants distributed under term ‘metropolitan statistical area’ means a met- (4) of subsection (a) shall include, consistent the program. ropolitan statistical area, as defined by the Of- with the Improper Payments Information Act of ‘‘(3) INFORMATION.—In an application for a fice of Management and Budget. 2002 (31 U.S.C. 3321 note), policies and proce- grant under this section, an eligible metropoli- ‘‘(7) NATIONAL SPECIAL SECURITY EVENT.—The dures for— tan area shall submit— term ‘National Special Security Event’ means a ‘‘(A) identifying activities funded under the ‘‘(A) a plan describing the proposed division designated event that, by virtue of its political, Homeland Security Grant Program that are sus- of responsibilities and distribution of funding economic, social, or religious significance, may ceptible to significant improper payments; and among the local and tribal governments in the be the target of terrorism or other criminal activ- ‘‘(B) reporting the incidence of improper pay- eligible metropolitan area; ity. ments to the Department. ‘‘(B) the name of an individual to serve as a ‘‘(8) POPULATION.—The term ‘population’ ‘‘(3) ALLOCATION.—Except as provided under metropolitan area liaison with the Department means population according to the most recent paragraph (2) of this subsection, the allocation and among the various jurisdictions in the met- United States census population estimates avail- of grants authorized under this title shall be ropolitan area; and able at the start of the relevant fiscal year. governed by the terms of this title and not by ‘‘(C) such information in support of the appli- ‘‘(9) POPULATION DENSITY.—The term ‘popu- any other provision of law. cation as the Administrator may reasonably re- lation density’ means population divided by ‘‘(e) MINIMUM PERFORMANCE REQUIRE- quire. land area in square miles. MENTS.— ‘‘(c) STATE REVIEW AND TRANSMISSION.— ‘‘(10) TARGET CAPABILITIES.—The term ‘target ‘‘(1) IN GENERAL.—The Administrator shall— ‘‘(1) IN GENERAL.—To ensure consistency with capabilities’ means the target capabilities for ‘‘(A) establish minimum performance require- State homeland security plans, an eligible met- Federal, State, local, and tribal government pre- ments for entities that receive homeland security ropolitan area applying for a grant under this paredness for which guidelines are required to grants; section shall submit its application to each State be established under section 646(a) of the Post- ‘‘(B) conduct, in coordination with State, re- within which any part of the eligible metropoli- Katrina Emergency Management Reform Act of gional, local, and tribal governments receiving tan area is located for review before submission 2006 (6 U.S.C. 746(a)). grants under the Homeland Security Grant Pro- of such application to the Department.

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‘‘(2) DEADLINE.—Not later than 30 days after ‘‘(f) ALLOWABLE USES.—Grants awarded ‘‘(1) the relative threat, vulnerability, and receiving an application from an eligible metro- under this section may be used to achieve target consequences faced by a State from a terrorist politan area under paragraph (1), each such capabilities, consistent with a State homeland attack, including consideration of— State shall transmit the application to the De- security plan and relevant local and regional ‘‘(A) the size of the population of the State, partment. homeland security plans, through— including appropriate consideration of military, ‘‘(3) STATE DISAGREEMENT.—If the Governor of ‘‘(1) developing and enhancing State, local, or tourist, and commuter populations; any such State determines that an application regional plans, risk assessments, or mutual aid ‘‘(B) the population density of the State; of an eligible metropolitan area is inconsistent agreements; ‘‘(C) the history of threats faced by the State, with the State homeland security plan of that ‘‘(2) purchasing, upgrading, storing, or main- including— State, or otherwise does not support the applica- taining equipment; ‘‘(i) whether there has been a prior terrorist tion, the Governor shall— ‘‘(3) designing, conducting, and evaluating attack in an urban area that is wholly or partly ‘‘(A) notify the Administrator, in writing, of training and exercises, including exercises of in the State, or in the State itself; and that fact; and mass evacuation plans under section 512 and in- ‘‘(ii) whether any part of the State, or any ‘‘(B) provide an explanation of the reason for cluding the payment of overtime and backfill critical infrastructure or key resource within the not supporting the application at the time of costs in support of such activities; State, has ever experienced a higher threat level transmission of the application. ‘‘(4) responding to an increase in the threat under the Homeland Security Advisory System ‘‘(d) PRIORITIZATION.—In allocating funds level under the Homeland Security Advisory than other parts of the United States; among metropolitan areas applying for grants System, or to the needs resulting from a Na- ‘‘(D) the degree of threat, vulnerability, and under this section, the Administrator shall con- tional Special Security Event, including pay- consequences related to critical infrastructure or sider— ment of overtime and backfill costs; key resources identified by the Secretary or the ‘‘(1) the relative threat, vulnerability, and ‘‘(5) establishing, enhancing, and staffing State homeland security plan; consequences faced by the eligible metropolitan with appropriately qualified personnel State ‘‘(E) whether the State has an international area from a terrorist attack, including consider- and local fusion centers that comply with the border; ation of— guidelines established under section 206(i); ‘‘(F) whether the State has a coastline bor- ‘‘(A) the population of the eligible metropoli- ‘‘(6) protecting critical infrastructure and key dering ocean or international waters; tan area, including appropriate consideration of resources identified in the Critical Infrastruc- ‘‘(G) threats, vulnerabilities, and con- military, tourist, and commuter populations; ture List established under section 1001 of the sequences faced by a State related to at-risk ‘‘(B) the population density of the eligible Improving America’s Security Act of 2007, in- sites or activities in adjacent States, including metropolitan area; cluding the payment of appropriate personnel the State’s need to respond to terrorist attacks ‘‘(C) the history of threats faced by the eligi- costs; arising in adjacent States; ble metropolitan area, including— ‘‘(7) any activity permitted under the Fiscal ‘‘(H) the most current threat assessments ‘‘(i) whether there has been a prior terrorist Year 2007 Program Guidance of the Department available to the Department; attack in the eligible metropolitan area; and for the Urban Area Security Initiative or the ‘‘(I) the extent to which the State has unmet ‘‘(ii) whether any part of the eligible metro- Law Enforcement Terrorism Prevention Grant target capabilities; and politan area, or any critical infrastructure or Program, including activities permitted under ‘‘(J) such other factors as are specified in key resource within the eligible metropolitan the full-time counterterrorism staffing pilot; and writing by the Administrator; area, has ever experienced a higher threat level ‘‘(8) any other activity relating to achieving ‘‘(2) the anticipated effectiveness of the pro- under the Homeland Security Advisory System target capabilities approved by the Adminis- posed spending plan of the State in increasing than other parts of the United States; trator. the ability of the State to— ‘‘(D) the degree of threat, vulnerability, and ‘‘(g) DISTRIBUTION OF AWARDS TO METROPOLI- ‘‘(A) prevent, prepare for, protect against, re- consequences to the eligible metropolitan area TAN AREAS.— spond to, and recover from terrorism; related to critical infrastructure or key resources ‘‘(1) IN GENERAL.—If the Administrator ap- ‘‘(B) meet the target capabilities of the State; identified by the Secretary or the State home- proves the application of an eligible metropoli- and land security plan, including threats, tan area for a grant under this section, the Ad- ‘‘(C) otherwise reduce the overall risk to the vulnerabilities, and consequences from critical ministrator shall distribute the grant funds to State and the Nation; and infrastructure in nearby jurisdictions; the State or States in which the eligible metro- ‘‘(E) whether the eligible metropolitan area is ‘‘(3) the need to balance the goal of ensuring politan area is located. located at or near an international border; the target capabilities of the highest risk areas ‘‘(2) STATE DISTRIBUTION OF FUNDS.—Each ‘‘(F) whether the eligible metropolitan area are achieved quickly and the goal of ensuring State shall provide the eligible metropolitan area has a coastline bordering ocean or international that basic levels of preparedness, as measured not less than 80 percent of the grant funds. Any waters; by the attainment of target capabilities, are ‘‘(G) threats, vulnerabilities, and con- funds retained by a State shall be expended on achieved nationwide. sequences faced by the eligible metropolitan items or services approved by the Administrator ‘‘(d) MINIMUM ALLOCATION.—In allocating area related to at-risk sites or activities in near- that benefit the eligible metropolitan area. funds under subsection (c), the Administrator by jurisdictions, including the need to respond ‘‘(3) MULTISTATE REGIONS.—If parts of an eli- shall ensure that, for each fiscal year— to terrorist attacks arising in those jurisdictions; gible metropolitan area awarded a grant are lo- ‘‘(1) except as provided for in paragraph (2), ‘‘(H) the most current threat assessments cated in 2 or more States, the Secretary shall no State receives less than an amount equal to available to the Department; distribute to each such State— 0.45 percent of the total funds appropriated for ‘‘(I) the extent to which the eligible metropoli- ‘‘(A) a portion of the grant funds in accord- the State Homeland Security Grant Program; tan area has unmet target capabilities; ance with the proposed distribution set forth in and ‘‘(J) the extent to which the eligible metropoli- the application; or ‘‘(2) American Samoa, the Commonwealth of tan area includes— ‘‘(B) if no agreement on distribution has been the Northern Mariana Islands, Guam, and the ‘‘(i) all incorporated municipalities, counties, reached, a portion of the grant funds in propor- Virgin Islands each receive not less than 0.08 parishes, and Indian tribes within the relevant tion to each State’s share of the population of percent of the amounts appropriated for the metropolitan statistical area or combined statis- the eligible metropolitan area. State Homeland Security Grant Program. tical area; and ‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT ‘‘(e) MULTISTATE PARTNERSHIPS.— ‘‘(ii) other local governments and tribes that PROGRAM. ‘‘(1) IN GENERAL.—Instead of, or in addition are likely to be called upon to respond to a ter- ‘‘(a) ESTABLISHMENT.—There is established a to, any application for funds under subsection rorist attack within the eligible metropolitan State Homeland Security Grant Program to as- (b), 2 or more States may submit an application area; and sist State, local, and tribal governments in pre- under this paragraph for multistate efforts to ‘‘(K) such other factors as are specified in venting, preparing for, protecting against, re- prevent, prepare for, protect against, respond writing by the Administrator; and sponding to, and recovering from acts of ter- to, or recover from acts of terrorism. ‘‘(2) the anticipated effectiveness of the pro- rorism. ‘‘(2) GRANTEES.—Multistate grants may be posed spending plan for the eligible metropoli- ‘‘(b) APPLICATION.— awarded to either— tan area in increasing the ability of that eligible ‘‘(1) IN GENERAL.—Each State may apply for a ‘‘(A) an individual State acting on behalf of a metropolitan area to prevent, prepare for, pro- grant under this section, and shall submit such consortium or partnership of States with the tect against, respond to, and recover from ter- information in support of the application as the consent of all member States; or rorism, to meet its target capabilities, and to Administrator may reasonably require. ‘‘(B) a group of States applying as a consor- otherwise reduce the overall risk to the metro- ‘‘(2) ANNUAL APPLICATIONS.—Applicants for tium or partnership. politan area, the State, and the Nation. grants under this section shall apply or reapply ‘‘(3) ADMINISTRATION OF GRANT.—If a group ‘‘(e) OPPORTUNITY TO AMEND.—In considering on an annual basis for grants distributed under of States apply as a consortium or partnership applications for grants under this section, the the program. such States shall submit to the Secretary at the Administrator shall provide applicants with a ‘‘(c) PRIORITIZATION.—In allocating funds time of application a plan describing— reasonable opportunity to correct defects in the among States applying for grants under this sec- ‘‘(A) the division of responsibilities for admin- application, if any, before making final awards. tion, the Administrator shall consider— istering the grant; and

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‘‘(B) the distribution of funding among the tion, the Administrator shall distribute the ‘‘(b) APPLICATION.— various States and entities that are party to the grant funds directly to the directly eligible tribe. ‘‘(1) IN GENERAL.—Each State may apply for a application. The funds shall not be distributed to the State grant under this section, and shall submit such ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOVERN- or States in which the directly eligible tribe is information in support of an application as the MENTS.— located. Administrator may reasonably require. ‘‘(1) IN GENERAL.—The Administrator shall re- ‘‘(5) TRIBAL LIAISON.—A directly eligible tribe ‘‘(2) ANNUAL APPLICATIONS.—Applicants for quire that, not later than 60 days after receiving applying for a grant under this section shall grants under this section shall apply or reapply grant funding, any State receiving a grant designate a specific individual to serve as the on an annual basis for grants distributed under under this section shall make available to local tribal liaison who shall— the program. and tribal governments and emergency response ‘‘(A) coordinate with Federal, State, local, re- ‘‘(c) ALLOCATION.—Funds available under the providers, consistent with the applicable State gional, and private officials concerning ter- Emergency Management Performance Grants homeland security plan— rorism preparedness; Program shall be allocated as follows: ‘‘(A) not less than 80 percent of the grant ‘‘(B) develop a process for receiving input ‘‘(1) BASELINE AMOUNT.— funds; from Federal, State, local, regional, and private ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(B) with the consent of local and tribal gov- officials to assist in the development of the ap- paragraph (B), each State shall receive an ernments, the resources purchased with such plication of such tribe and to improve the access amount equal to 0.75 percent of the total funds grant funds having a value equal to not less of such tribe to grants; and appropriated for grants under this section. than 80 percent of the amount of the grant; or ‘‘(C) administer, in consultation with State, ‘‘(B) TERRITORIES.—American Samoa, the ‘‘(C) grant funds combined with resources local, regional, and private officials, grants Commonwealth of the Northern Mariana Is- purchased with the grant funds having a value awarded to such tribe. lands, Guam, and the Virgin Islands each shall equal to not less than 80 percent of the amount ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A di- receive an amount equal to 0.25 percent of the of the grant. rectly eligible tribe that receives a grant directly amounts appropriated for grants under this sec- ‘‘(2) EXTENSION OF PERIOD.—The Governor of under this section is eligible to receive funds for tion. ER CAPITA ALLOCATION.—The funds re- a State may request in writing that the Adminis- other purposes under a grant from the State or ‘‘(2) P maining for grants under this section after allo- trator extend the period under paragraph (1) for States within the boundaries of which any part cation of the baseline amounts under paragraph an additional period of time. The Administrator of such tribe is located, consistent with the (1) shall be allocated to each State in proportion may approve such a request, and may extend homeland security plan of the State. to its population. such period for an additional period, if the Ad- ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this ‘‘(d) ALLOWABLE USES.—Grants awarded ministrator determines that the resulting delay section shall be construed to affect the authority under this section may be used to achieve target in providing grant funding to the local and trib- of an Indian tribe that receives funds under this capabilities, consistent with a State homeland al governments and emergency response pro- section. ‘‘(h) OPPORTUNITY TO AMEND.—In consid- security plan or a catastrophic incident annex viders is necessary to promote effective invest- ering applications for grants under this section, developed under section 613 of the Robert T. ments to prevent, prepare for, protect against, the Administrator shall provide applicants with Stafford Disaster Relief and Emergency Assist- respond to, and recover from terrorism, or to a reasonable opportunity to correct defects in ance Act (42 U.S.C. 5196b) through— meet the target capabilities of the State. the application, if any, before making final ‘‘(1) any activity permitted under the Fiscal NDIAN TRIBES.—States shall be respon- ‘‘(3) I Year 2007 Program Guidance of the Department sible for allocating grant funds received under awards. ‘‘(i) ALLOWABLE USES.—Grants awarded for Emergency Management Performance this section to tribal governments in order to under this section may be used to achieve target Grants; and help those tribal communities achieve target ca- capabilities, consistent with a State homeland ‘‘(2) any other activity approved by the Ad- pabilities. Indian tribes shall be eligible for security plan, through— ministrator that will improve the capability of a funding directly from the States, and shall not ‘‘(1) developing and enhancing State, local, State, local, or tribal government in preventing, be required to seek funding from any local gov- tribal, or regional plans, risk assessments, or preparing for, protecting against, responding to, ernment. mutual aid agreements; recovering from, or mitigating against all haz- ‘‘(4) EXCEPTION.—Paragraph (1) shall not ‘‘(2) purchasing, upgrading, storing, or main- ards, including natural disasters, acts of ter- apply to the District of Columbia, the Common- taining equipment; rorism, and other man-made disasters. wealth of Puerto Rico, American Samoa, the ‘‘(3) designing, conducting, and evaluating ‘‘(e) COST SHARING.— Commonwealth of the Northern Mariana Is- training and exercises, including exercises of ‘‘(1) IN GENERAL.—The Federal share of the lands, Guam, or the Virgin Islands. mass evacuation plans under section 512 and in- costs of an activity carried out with a grant ‘‘(g) GRANTS TO DIRECTLY ELIGIBLE TRIBES.— cluding the payment of overtime and backfill under this section shall not exceed 75 percent. ‘‘(1) IN GENERAL.—Notwithstanding subsection costs in support of such activities; ‘‘(2) IN-KIND MATCHING.—Each recipient of a (b), the Secretary may award grants to directly ‘‘(4) responding to an increase in the threat grant under this section may meet the matching eligible tribes under this section. level under the Homeland Security Advisory requirement under paragraph (1) by making in- ‘‘(2) TRIBAL APPLICATIONS.—A directly eligible System, including payment of overtime and kind contributions of goods or services that are tribe may apply for a grant under this section backfill costs; directly linked with the purpose for which the by submitting an application to the Adminis- ‘‘(5) establishing, enhancing, and staffing grant is made. trator that includes the information required for with appropriately qualified personnel State ‘‘(f) LOCAL AND TRIBAL GOVERNMENTS.— an application by a State under subsection (b). and local fusion centers, that comply with the ‘‘(1) IN GENERAL.—In allocating grant funds ‘‘(3) STATE REVIEW.— guidelines established under section 206(i); received under this section, a State shall take ‘‘(A) IN GENERAL.—To ensure consistency with ‘‘(6) protecting critical infrastructure and key into account the needs of local and tribal gov- State homeland security plans, a directly eligi- resources identified in the Critical Infrastruc- ernments. ble tribe applying for a grant under this section ture List established under section 1001 of the ‘‘(2) INDIAN TRIBES.—States shall be respon- shall submit its application to each State within Improving America’s Security Act of 2007, in- sible for allocating grant funds received under which any part of the tribe is located for review cluding the payment of appropriate personnel this section to tribal governments in order to before submission of such application to the De- costs; help those tribal communities improve their ca- partment. ‘‘(7) any activity permitted under the Fiscal pabilities in preventing, preparing for, pro- ‘‘(B) DEADLINE.—Not later than 30 days after Year 2007 Program Guidance of the Department tecting against, responding to, recovering from, receiving an application from a directly eligible for the State Homeland Security Grant Program or mitigating against all hazards, including nat- tribe under subparagraph (A), each such State or the Law Enforcement Terrorism Prevention ural disasters, acts of terrorism, and other man- shall transmit the application to the Depart- Grant Program, including activities permitted made disasters. Indian tribes shall be eligible for ment. under the full-time counterterrorism staffing funding directly from the States, and shall not ‘‘(C) STATE DISAGREEMENT.—If the Governor pilot; and be required to seek funding from any local gov- of any such State determines that the applica- ‘‘(8) any other activity relating to achieving ernment. tion of a directly eligible tribe is inconsistent target capabilities approved by the Adminis- ‘‘SEC. 2006. TERRORISM PREVENTION. with the State homeland security plan of that trator. ‘‘(a) LAW ENFORCEMENT TERRORISM PREVEN- State, or otherwise does not support the applica- ‘‘SEC. 2005. EMERGENCY MANAGEMENT PERFORM- TION PROGRAM.— tion, the Governor shall— ANCE GRANTS PROGRAM. ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(i) notify the Administrator, in writing, of ‘‘(a) ESTABLISHMENT.—There is established an designate not less than 25 percent of the com- that fact; and Emergency Management Performance Grants bined amount appropriated for grants under ‘‘(ii) provide an explanation of the reason for Program to make grants to States to assist State, sections 2003 and 2004 to be used for law en- not supporting the application at the time of local, and tribal governments in preventing, pre- forcement terrorism prevention activities. transmission of the application. paring for, protecting against, responding to, re- ‘‘(2) USE OF FUNDS.—Grants awarded under ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY covering from, and mitigating against all haz- this subsection may be used for— ELIGIBLE TRIBES.—If the Administrator awards ards, including natural disasters, acts of ter- ‘‘(A) information sharing to preempt terrorist funds to a directly eligible tribe under this sec- rorism, and other man-made disasters. attacks;

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‘‘(B) target hardening to reduce the vulner- with the Administrator, shall establish a pilot ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Amounts ability of selected high value targets; project to determine the efficacy and feasibility appropriated for grants under this title shall be ‘‘(C) threat recognition to recognize the poten- of establishing law enforcement deployment used to supplement and not supplant other tial or development of a threat; teams. State, local, and tribal government public funds ‘‘(D) intervention activities to interdict terror- ‘‘(B) FUNCTION.—The law enforcement deploy- obligated for the purposes provided under this ists before they can execute a threat; ment teams participating in the pilot program title. ‘‘(E) overtime expenses related to a State under this paragraph shall form the basis of a ‘‘SEC. 2008. ADMINISTRATION AND COORDINA- homeland security plan, including overtime national network of standardized law enforce- TION. costs associated with providing enhanced law ment resources to assist State, local, and tribal ‘‘(a) ADMINISTRATOR.—The Administrator enforcement operations in support of Federal governments in responding to natural disasters, shall, in consultation with other appropriate of- agencies for increased border security and bor- acts of terrorism, or other man-made disaster. fices within the Department, have responsibility der crossing enforcement; ‘‘(6) CONSTRUCTION.—Nothing in this section for administering all homeland security grant ‘‘(F) establishing, enhancing, and staffing may be construed to affect the roles or respon- programs administered by the Department and with appropriately qualified personnel State sibilities of the Department of Justice. for ensuring coordination among those programs and local fusion centers that comply with the ‘‘SEC. 2007. RESTRICTIONS ON USE OF FUNDS. and consistency in the guidance issued to recipi- guidelines established under section 206(i); ‘‘(a) LIMITATIONS ON USE.— ents across those programs. ‘‘(G) any other activity permitted under the ‘‘(1) CONSTRUCTION.— ‘‘(b) NATIONAL ADVISORY COUNCIL.—To en- Fiscal Year 2007 Program Guidance of the De- ‘‘(A) IN GENERAL.—Grants awarded under this sure input from and coordination with State, partment for the Law Enforcement Terrorism title may not be used to acquire land or to con- local, and tribal governments and emergency re- Prevention Program; and struct buildings or other physical facilities. sponse providers, the Administrator shall regu- ‘‘(H) any other terrorism prevention activity ‘‘(B) EXCEPTIONS.— larly consult and work with the National Advi- authorized by the Administrator. ‘‘(i) IN GENERAL.—Notwithstanding subpara- sory Council established under section 508 on the administration and assessment of grant pro- ‘‘(b) OFFICE FOR THE PREVENTION OF TER- graph (A), nothing in this paragraph shall pro- grams administered by the Department, includ- RORISM.— hibit the use of grants awarded under this title ing with respect to the development of program ‘‘(1) ESTABLISHMENT.—There is established in to achieve target capabilities through— guidance and the development and evaluation the Department an Office for the Prevention of ‘‘(I) the construction of facilities described in of risk-assessment methodologies. Terrorism, which shall be headed by a Director. section 611 of the Robert T. Stafford Disaster ‘‘(c) REGIONAL COORDINATION.—The Adminis- ‘‘(2) DIRECTOR.— Relief and Emergency Assistance Act (42 U.S.C. 5196); or trator shall ensure that— ‘‘(A) REPORTING.—The Director of the Office ‘‘(1) all recipients of homeland security grants for the Prevention of Terrorism shall report di- ‘‘(II) the alteration or remodeling of existing buildings for the purpose of making such build- administered by the Department, as a condition rectly to the Secretary. of receiving those grants, coordinate their pre- ‘‘(B) QUALIFICATIONS.—The Director of the ings secure against terrorist attacks or able to withstand or protect against chemical, radio- vention, preparedness, and protection efforts Office for the Prevention of Terrorism shall with neighboring State, local, and tribal govern- have an appropriate background with experi- logical, or biological attacks. EQUIREMENTS FOR EXCEPTION.—No ments, as appropriate; and ence in law enforcement, intelligence, or other ‘‘(ii) R grant awards may be used for the purposes ‘‘(2) all metropolitan areas and other recipi- antiterrorist functions. under clause (i) unless— ents of homeland security grants administered ‘‘(3) ASSIGNMENT OF PERSONNEL.— ‘‘(I) specifically approved by the Adminis- by the Department that include or substantially ‘‘(A) IN GENERAL.—The Secretary shall assign trator; affect parts or all of more than 1 State, coordi- to the Office for the Prevention of Terrorism ‘‘(II) the construction occurs under terms and nate across State boundaries, including, where permanent staff and other appropriate per- conditions consistent with the requirements appropriate, through the use of regional work- sonnel detailed from other components of the under section 611(j)(8) of the Robert T. Stafford ing groups and requirements for regional plans, Department to carry out the responsibilities Disaster Relief and Emergency Assistance Act as a condition of receiving Departmentally ad- under this section. (42 U.S.C. 5196(j)(8)); and ministered homeland security grants. LANNING COMMITTEES.— ‘‘(B) LIAISONS.—The Secretary shall designate ‘‘(III) the amount allocated for purposes ‘‘(d) P ‘‘(1) IN GENERAL.—Any State or metropolitan senior employees from each component of the under clause (i) does not exceed 20 percent of Department that has significant antiterrorism area receiving grants under this title shall es- the grant award. tablish a planning committee to assist in prepa- responsibilities to act as liaisons between that ‘‘(2) PERSONNEL.— ration and revision of the State, regional, or component and the Office for the Prevention of ‘‘(A) IN GENERAL.—For any grant awarded local homeland security plan and to assist in de- Terrorism. under section 2003 or 2004— termining effective funding priorities. ‘‘(4) RESPONSIBILITIES.—The Director of the ‘‘(i) not more than 25 percent of the amount ‘‘(2) COMPOSITION.— Office for the Prevention of Terrorism shall— awarded to a grant recipient may be used to pay ‘‘(A) coordinate policy and operations be- ‘‘(A) IN GENERAL.—The planning committee overtime and backfill costs; and shall include representatives of significant tween the Department and State, local, and ‘‘(ii) not more than 25 percent of the amount tribal government agencies relating to pre- stakeholders, including— awarded to the grant recipient may be used to ‘‘(i) local and tribal government officials; and venting acts of terrorism within the United pay personnel costs not described in clause (i). ‘‘(ii) emergency response providers, which States; ‘‘(B) WAIVER.—At the request of the recipient shall include representatives of the fire service, ‘‘(B) serve as a liaison between State, local, of a grant under section 2003 or section 2004, the law enforcement, emergency medical response, and tribal law enforcement agencies and the De- Administrator may grant a waiver of any limita- and emergency managers. partment; tion under subparagraph (A). ‘‘(B) GEOGRAPHIC REPRESENTATION.—The ‘‘(C) in coordination with the Office of Intel- ‘‘(3) RECREATION.—Grants awarded under this members of the planning committee shall be a ligence and Analysis, develop better methods for title may not be used for recreational or social representative group of individuals from the the sharing of intelligence with State, local, and purposes. counties, cities, towns, and Indian tribes within tribal law enforcement agencies; ‘‘(b) MULTIPLE-PURPOSE FUNDS.—Nothing in the State or metropolitan areas, including, as ‘‘(D) work with the Administrator to ensure this title shall be construed to prohibit State, appropriate, representatives of rural, high-pop- that homeland security grants to State, local, local, or tribal governments from using grant ulation, and high-threat jurisdictions. and tribal government agencies, including funds under sections 2003 and 2004 in a manner ‘‘(e) INTERAGENCY COORDINATION.—The Sec- grants under this title, the Commercial Equip- that enhances preparedness for disasters unre- retary, through the Administrator, in coordina- ment Direct Assistance Program, and grants to lated to acts of terrorism, if such use assists tion with the Attorney General, the Secretary of support fusion centers and other law enforce- such governments in achieving capabilities for Health and Human Services, and other agencies ment-oriented programs are adequately focused terrorism preparedness established by the Ad- providing assistance to State, local, and tribal on terrorism prevention activities; and ministrator. governments for preventing, preparing for, pro- ‘‘(E) coordinate with the Federal Emergency ‘‘(c) EQUIPMENT STANDARDS.—If an applicant tecting against, responding to, and recovering Management Agency, the Department of Justice, for a grant under this title proposes to upgrade from natural disasters, acts of terrorism, and the National Institute of Justice, law enforce- or purchase, with assistance provided under other man-made disasters, and not later than 12 ment organizations, and other appropriate enti- that grant, new equipment or systems that do months after the date of enactment of the Im- ties to support the development, promulgation, not meet or exceed any applicable national vol- proving America’s Security Act of 2007, shall— and updating, as necessary, of national vol- untary consensus standards developed under ‘‘(1) compile a comprehensive list of Federal untary consensus standards for training and section 647 of the Post-Katrina Emergency Man- programs that provide assistance to State, local, personal protective equipment to be used in a agement Reform Act of 2006 (6 U.S.C. 747), the and tribal governments for preventing, pre- tactical environment by law enforcement offi- applicant shall include in its application an ex- paring for, and responding to, natural disasters, cers. planation of why such equipment or systems acts of terrorism, and other man-made disasters; ‘‘(5) PILOT PROJECT.— will serve the needs of the applicant better than ‘‘(2) develop a proposal to coordinate, to the ‘‘(A) IN GENERAL.—The Director of the Office equipment or systems that meet or exceed such greatest extent practicable, the planning, report- for the Prevention of Terrorism, in coordination standards. ing, application, and other requirements and

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ACCOUNTABILITY. in conformance with the requirements of chap- rorism, and other man-made disasters. ‘‘(a) REPORTS TO CONGRESS.— ter 75 of title 31, United States Code. ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The ‘‘(1) FUNDING EFFICACY.—The Administrator ‘‘(4) RECOVERY AUDITS.—The Secretary shall Inspector General of the Department shall make shall submit to Congress, as a component of the conduct a recovery audit (as that term is de- each audit under this subsection available on annual Federal Preparedness Report required fined by the Director of the Office of Manage- the website of the Inspector General. under section 652 of the Post-Katrina Emer- ment and Budget under section 3561 of title 31, ‘‘(5) REPORTING.— gency Management Reform Act of 2006 (6 U.S.C. United States Code) for any grant administered ‘‘(A) IN GENERAL.—Not later than 2 years and 752), an evaluation of the extent to which by the Department with a total value of 60 days after the date of enactment of the Im- grants Administered by the Department, includ- $1,000,000 or greater. proving America’s Security Act of 2007, and an- ing the grants established by this title— ‘‘(c) REMEDIES FOR NONCOMPLIANCE.— nually thereafter, the Inspector General of the ‘‘(A) have contributed to the progress of State, ‘‘(1) IN GENERAL.—If the Administrator finds, Department shall submit to Congress a consoli- local, and tribal governments in achieving tar- after reasonable notice and an opportunity for a dated report regarding the audits conducted get capabilities; and hearing, that a recipient of a grant under this under this subsection. ‘‘(B) have led to the reduction of risk nation- title has failed to substantially comply with any ‘‘(B) CONTENTS.—Each report submitted under ally and in State, local, and tribal jurisdictions. provision of this title, or with any regulations or this paragraph shall describe— ‘‘(2) RISK ASSESSMENT.— guidelines of the Department regarding eligible ‘‘(i)(I) for the first such report, the audits con- ‘‘(A) IN GENERAL.—For each fiscal year, the expenditures, the Administrator shall— ducted under this subsection during the 2-year Administrator shall provide to the Committee on ‘‘(A) terminate any payment of grant funds to period beginning on the date of enactment of Homeland Security and Governmental Affairs of be made to the recipient under this title; the Improving America’s Security Act of 2007; the Senate and the Committee on Homeland Se- ‘‘(B) reduce the amount of payment of grant and curity of the House of Representatives a detailed funds to the recipient by an amount equal to the ‘‘(II) for each subsequent such report, the au- and comprehensive explanation of the method- amount of grants funds that were not expended dits conducted under this subsection during the ology used to calculate risk and compute the al- by the recipient in accordance with this title; or fiscal year before the date of the submission of location of funds under sections 2003 and 2004 of ‘‘(C) limit the use of grant funds received that report; this title, including— under this title to programs, projects, or activi- ‘‘(ii) whether funds under each grant audited ‘‘(i) all variables included in the risk assess- ties not affected by the failure to comply. during the period described in clause (i) that is ment and the weights assigned to each; ‘‘(2) DURATION OF PENALTY.—The Adminis- applicable to such report were used as required ‘‘(ii) an explanation of how each such vari- trator shall apply an appropriate penalty under by law; and able, as weighted, correlates to risk, and the paragraph (1) until such time as the Secretary ‘‘(iii)(I) for grants under the Urban Area Se- basis for concluding there is such a correlation; determines that the grant recipient is in full curity Initiative or the State Homeland Security and compliance with this title or with applicable Grant Program audited, the extent to which, ‘‘(iii) any change in the methodology from the guidelines or regulations of the Department. during the period described in clause (i) that is previous fiscal year, including changes in vari- ‘‘(3) DIRECT FUNDING.—If a State fails to sub- applicable to such report, funds under such ables considered, weighting of those variables, stantially comply with any provision of this title grants were used to prepare for, protect against, and computational methods. or with applicable guidelines or regulations of respond to, or recover from acts of terrorism; ‘‘(B) CLASSIFIED ANNEX.—The information re- the Department, including failing to provide and quired under subparagraph (A) shall be pro- local or tribal governments with grant funds or ‘‘(II) for grants under the Emergency Man- vided in unclassified form to the greatest extent resources purchased with grant funds in a time- agement Performance Grant Program audited, possible, and may include a classified annex if ly fashion, a local or tribal government entitled the extent to which funds under such grants necessary. to receive such grant funds or resources may pe- were used during the period described in clause ‘‘(C) DEADLINE.—For each fiscal year, the in- tition the Administrator, at such time and in formation required under subparagraph (A) (i) applicable to such report to prevent, prepare such manner as determined by the Adminis- shall be provided on the earlier of— for, protect against, respond to, recover from, or trator, to request that grant funds or resources ‘‘(i) October 31; or mitigate against all hazards, including natural be provided directly to the local or tribal govern- ‘‘(ii) 30 days before the issuance of any pro- disasters, acts of terrorism, and other man-made ment. gram guidance for grants under sections 2003 disasters. and 2004. ‘‘SEC. 2010. AUDITING. ‘‘(b) AUDIT OF OTHER PREPAREDNESS ‘‘(b) REVIEWS AND AUDITS.— ‘‘(a) AUDIT OF GRANTS UNDER THIS TITLE.— GRANTS.— ‘‘(1) DEPARTMENT REVIEW.—The Adminis- ‘‘(1) IN GENERAL.—Not later than the date de- ‘‘(1) IN GENERAL.—Not later than the date de- trator shall conduct periodic reviews of grants scribed in paragraph (2), and every 2 years scribed in paragraph (2), the Inspector General made under this title to ensure that recipients thereafter, the Inspector General of the Depart- of the Department shall conduct an audit of allocate funds consistent with the guidelines es- ment shall conduct an audit of each entity that each entity that receives a grant under the tablished by the Department. receives a grant under the Urban Area Security Urban Area Security Initiative, the State Home- ‘‘(2) GOVERNMENT ACCOUNTABILITY OFFICE.— Initiative, the State Homeland Security Grant land Security Grant Program, or the Emergency ‘‘(A) ACCESS TO INFORMATION.—Each recipient Program, or the Emergency Management Per- Management Performance Grant Program to of a grant under this title and the Department formance Grant Program to evaluate the use of evaluate the use by that entity of any grant for shall provide the Government Accountability funds under such grant program by such entity. preparedness administered by the Department Office with full access to information regarding ‘‘(2) TIMING.—The date described in this para- that was awarded before the date of enactment the activities carried out under this title. graph is the later of 2 years after— of the Improving America’s Security Act of 2007. ‘‘(B) AUDITS AND REPORTS.— ‘‘(A) the date of enactment of the Improving ‘‘(2) TIMING.—The date described in this para- ‘‘(i) AUDIT.—Not later than 12 months after America’s Security Act of 2007; and graph is the later of 2 years after— the date of enactment of the Improving Amer- ‘‘(B) the date that an entity first receives a ‘‘(A) the date of enactment of the Improving ica’s Security Act of 2007, and periodically grant under the Urban Area Security Initiative, America’s Security Act of 2007; and thereafter, the Comptroller General of the the State Homeland Security Grant Program, or ‘‘(B) the date that an entity first receives a United States shall conduct an audit of the the Emergency Management Performance Grant grant under the Urban Area Security Initiative, Homeland Security Grant Program. Program, as the case may be. the State Homeland Security Grant Program, or ‘‘(ii) REPORT.—The Comptroller General of the ‘‘(3) CONTENTS.—Each audit under this sub- the Emergency Management Performance Grant United States shall submit a report to the Com- section shall evaluate— Program, as the case may be.

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‘‘(3) CONTENTS.—Each audit under this sub- Grant Program established under section 2002 of maintain, throughout an emergency response section shall evaluate— this title such sums as are necessary for fiscal operation, a continuous flow of information ‘‘(A) the use of funds by an entity under any year 2011 and each fiscal year thereafter. among emergency response providers, agencies, grant for preparedness administered by the De- ‘‘(b) PROPORTIONATE ALLOCATION.—Regard- and government officers from multiple dis- partment that was awarded before the date of less of the amount appropriated for the Home- ciplines and jurisdictions and at all levels of enactment of the Improving America’s Security land Security Grant Program in any fiscal year, government, in the event of a natural disaster, Act of 2007; the appropriated amount shall, in each fiscal act of terrorism, or other man-made disaster, in- ‘‘(B) whether funds under each such grant year, be allocated among the grant programs cluding where there has been significant dam- program were used by that entity as required by under sections 2003, 2004, and 2005 in direct pro- age to, or destruction of, critical infrastructure, law; and portion to the amounts allocated under para- including substantial loss of ordinary tele- ‘‘(C) the extent to which such funds were used graph (a)(1) of this section.’’. communications infrastructure and sustained to enhance preparedness. SEC. 203. TECHNICAL AND CONFORMING AMEND- loss of electricity. ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The MENTS. ‘‘(b) IN GENERAL.—The Administrator shall Inspector General of the Department shall make (a) IN GENERAL.—The Homeland Security Act make grants to States for initiatives necessary to each audit under this subsection available on of 2002 (6 U.S.C. 101 et seq.) is amended— achieve, maintain, or enhance Statewide, re- the website of the Inspector General. (1) by redesignating title XVIII, as added by gional, national and, as appropriate, inter- ‘‘(5) REPORTING.— the SAFE Port Act (Public Law 109–347; 120 national emergency communications operability ‘‘(A) IN GENERAL.—Not later than 2 years and Stat. 1884), as title XIX; and interoperable communications. 60 days after the date of enactment of the Im- (2) by redesignating sections 1801 through ‘‘(c) STATEWIDE INTEROPERABLE COMMUNICA- proving America’s Security Act of 2007, and an- 1806, as added by the SAFE Port Act (Public TIONS PLANS.— nually thereafter, the Inspector General of the Law 109–347; 120 Stat. 1884), as sections 1901 ‘‘(1) SUBMISSION OF PLANS.—The Adminis- Department shall submit to Congress a consoli- through 1906, respectively; trator shall require any State applying for a dated report regarding the audits conducted (3) in section 1904(a), as so redesignated, by grant under this section to submit a Statewide under this subsection. striking ‘‘section 1802’’ and inserting ‘‘section Interoperable Communications Plan as described ‘‘(B) CONTENTS.—Each report submitted under 1902’’; and under section 7303(f) of the Intelligence Reform this paragraph shall describe— (4) in section 1906, as so redesignated, by and Terrorism Prevention Act of 2004 (6 U.S.C. ‘‘(i)(I) for the first such report, the audits con- striking ‘‘section 1802(a)’’ each place that term 194(f)). ducted under this subsection during the 2-year appears and inserting ‘‘section 1902(a)’’. ‘‘(2) COORDINATION AND CONSULTATION.—The period beginning on the date of enactment of (b) TABLE OF CONTENTS.—The table of con- Statewide plan submitted under paragraph (1) the Improving America’s Security Act of 2007; tents in section 1(b) of the Homeland Security shall be developed— and Act of 2002 (6 U.S.C. 101 note) is amended by ‘‘(A) in coordination with local and tribal ‘‘(II) for each subsequent such report, the au- striking the items relating to title XVIII and sec- governments, emergency response providers, and dits conducted under this subsection during the tions 1801 through 1806, as added by the SAFE other relevant State officers; and fiscal year before the date of the submission of Port Act (Public Law 109–347; 120 Stat. 1884), ‘‘(B) in consultation with and subject to ap- that report; and inserting the following: propriate comment by the applicable Regional Emergency Communications Coordination ‘‘(ii) whether funds under each grant audited ‘‘TITLE XIX—DOMESTIC NUCLEAR Working Group as described under section 1805. were used as required by law; and DETECTION OFFICE ‘‘(iii) the extent to which funds under each ‘‘(3) APPROVAL.—The Administrator may not grant audited were used to enhance prepared- ‘‘Sec. 1901. Domestic Nuclear Detection Office. award a grant to a State unless the Adminis- ness. ‘‘Sec. 1902. Mission of Office. trator, in consultation with the Director for ‘‘Sec. 1903. Hiring authority. ‘‘(c) FUNDING FOR AUDITS.— Emergency Communications, has approved the ‘‘Sec. 1904. Testing authority. ‘‘(1) IN GENERAL.—The Administrator shall applicable Statewide plan. withhold 1 percent of the total amount of each ‘‘Sec. 1905. Relationship to other Department ‘‘(4) REVISIONS.—A State may revise the appli- grant under the Urban Area Security Initiative, entities and Federal agencies. cable Statewide plan approved by the Adminis- the State Homeland Security Grant Program, ‘‘Sec. 1906. Contracting and grant making au- trator under this subsection, subject to approval and the Emergency Management Performance thorities. of the revision by the Administrator. Grant Program for audits under this section. ‘‘TITLE XX—HOMELAND SECURITY ‘‘(d) CONSISTENCY.—The Administrator shall ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis- GRANTS ensure that each grant is used to supplement trator shall make amounts withheld under this ‘‘Sec. 2001. Definitions. and support, in a consistent and coordinated subsection available as follows: ‘‘Sec. 2002. Homeland Security Grant Program. manner, any applicable State, regional, or ‘‘(A) Amounts withheld from grants under the ‘‘Sec. 2003. Urban Area Security Initiative. urban area homeland security plan. Urban Area Security Initiative shall be made ‘‘Sec. 2004. State Homeland Security Grant Pro- ‘‘(e) USE OF GRANT FUNDS.—Grants awarded available for audits under this section of entities gram. under subsection (b) may be used for initiatives receiving grants under the Urban Area Security ‘‘Sec. 2005. Emergency Management Perform- to achieve, maintain, or enhance emergency Initiative. ance Grants Program. communications operability and interoperable ‘‘(B) Amounts withheld from grants under the ‘‘Sec. 2006. Terrorism prevention. communications, including— State Homeland Security Grant Program shall ‘‘Sec. 2007. Restrictions on use of funds. ‘‘(1) Statewide or regional communications be made available for audits under this section ‘‘Sec. 2008. Administration and coordination. planning, including governance related activi- of entities receiving grants under the State ‘‘Sec. 2009. Accountability. ties; ‘‘(2) system design and engineering; Homeland Security Grant Program. ‘‘Sec. 2010. Auditing. ‘‘(3) system procurement and installation; ‘‘Sec. 2011. Authorization of appropriations.’’. ‘‘(C) Amounts withheld from grants under the ‘‘(4) exercises; Emergency Management Performance Grant TITLE III—COMMUNICATIONS ‘‘(5) modeling and simulation exercises for Program shall be made available for audits OPERABILITY AND INTEROPERABILITY operational command and control functions; under this section of entities receiving grants SEC. 301. DEDICATED FUNDING TO ACHIEVE ‘‘(6) technical assistance; under the Emergency Management Performance EMERGENCY COMMUNICATIONS ‘‘(7) training; and Grant Program. OPERABILITY AND INTEROPERABLE ‘‘(8) other appropriate activities determined by ‘‘SEC. 2011. AUTHORIZATION OF APPROPRIA- COMMUNICATIONS. the Administrator to be integral to achieve, TIONS. (a) EMERGENCY COMMUNICATIONS OPER- maintain, or enhance emergency communica- ‘‘(a) GRANTS.— ABILITY AND INTEROPERABLE COMMUNICA- tions operability and interoperable communica- ‘‘(1) IN GENERAL.—There is authorized to be TIONS.— tions. appropriated for the Homeland Security Grant (1) IN GENERAL.—Title XVIII of the Homeland ‘‘(f) APPLICATION.— Program established under section 2002 of this Security Act of 2002 (6 U.S.C. 571 et seq.) (relat- ‘‘(1) IN GENERAL.—A State desiring a grant title for each of fiscal years 2008, 2009, and 2010, ing to emergency communications) is amended under this section shall submit an application at $3,105,000,000, to be allocated as follows: by adding at the end the following: such time, in such manner, and accompanied by ‘‘(A) For grants under the Urban Area Secu- ‘‘SEC. 1809. EMERGENCY COMMUNICATIONS such information as the Administrator may rea- rity Initiative under section 2003, $1,278,639,000. OPERABILITY AND INTEROPERABLE sonably require. ‘‘(B) For grants under the State Homeland Se- COMMUNICATIONS GRANTS. ‘‘(2) MINIMUM CONTENTS.—At a minimum, curity Grant Program established under section ‘‘(a) DEFINITIONS.—In this section: each application submitted under paragraph (1) 2004, $913,180,500. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- shall— ‘‘(C) For grants under the Emergency Man- trator’ means the Administrator of the Federal ‘‘(A) identify the critical aspects of the com- agement Performance Grant Program estab- Emergency Management Agency. munications life cycle, including planning, sys- lished under section 2005, $913,180,500. ‘‘(2) EMERGENCY COMMUNICATIONS OPER- tem design and engineering, procurement and ‘‘(2) SUBSEQUENT YEARS.—There is authorized ABILITY.—The term ‘emergency communications installation, and training for which funding is to be appropriated for the Homeland Security operability’ means the ability to provide and requested;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00081 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4874 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(B) describe how— ‘‘(K) the extent to which geographic barriers ministrator at such time, in such manner, and ‘‘(i) the proposed use of funds— pose unusual obstacles to achieving, maintain- accompanied by such information as the Admin- ‘‘(I) would be consistent with and address the ing, or enhancing emergency communications istrator may reasonably require. goals in any applicable State, regional, or urban operability or interoperable communications; ‘‘(B) MINIMUM CONTENTS.—At a minimum, homeland security plan; and ‘‘(L) the threats, vulnerabilities, and con- each report under this paragraph shall in- ‘‘(II) unless the Administrator determines oth- sequences faced by the State related to at-risk clude— erwise, are— sites or activities in nearby jurisdictions, includ- ‘‘(i) the amount, ultimate recipients, and ‘‘(aa) consistent with the National Emergency ing the need to respond to natural disasters, dates of receipt of all funds received under the Communications Plan under section 1802; and acts of terrorism, and other man-made disasters grant; ‘‘(bb) compatible with the national infrastruc- arising in those jurisdictions; ‘‘(ii) the amount and the dates of disburse- ture and national voluntary consensus stand- ‘‘(M) the need to achieve, maintain, or en- ments of all such funds expended in compliance ards; hance nationwide emergency communications with paragraph (1) or under mutual aid agree- ‘‘(ii) the applicant intends to spend funds operability and interoperable communications, ments or other intrastate and interstate sharing under the grant, to administer such funds, and consistent with the National Emergency Com- arrangements, as applicable; to allocate such funds among participating local munications Plan under section 1802; ‘‘(iii) how the funds were used by each ulti- and tribal governments and emergency response ‘‘(N) whether the activity for which a grant is mate recipient or beneficiary; providers; requested is being funded under another Federal ‘‘(iv) the extent to which emergency commu- ‘‘(iii) the State plans to allocate the grant or State emergency communications grant pro- nications operability and interoperable commu- funds on the basis of risk and effectiveness to gram; and nications identified in the applicable Statewide regions, local and tribal governments to promote ‘‘(O) such other factors as are specified by the plan and application have been achieved, main- meaningful investments for achieving, maintain- Administrator in writing. tained, or enhanced as the result of the expendi- ing, or enhancing emergency communications ‘‘(2) REVIEW PANEL.— ture of grant funds; and operability and interoperable communications; ‘‘(A) IN GENERAL.—The Secretary shall estab- ‘‘(v) the extent to which emergency commu- ‘‘(iv) the State intends to address the emer- lish a review panel under section 871(a) to assist nications operability and interoperable commu- gency communications operability and inter- in reviewing grant applications under this sec- nications identified in the applicable Statewide operable communications needs at the city, tion. plan and application remain unmet. ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—The county, regional, State, and interstate level; and ‘‘(B) RECOMMENDATIONS.—The review panel ‘‘(v) the State plans to emphasize regional established under subparagraph (A) shall make Administrator shall make each report submitted planning and cooperation, both within the ju- recommendations to the Administrator regarding under subparagraph (A) publicly available on risdictional borders of that State and with applications for grants under this section. the website of the Federal Emergency Manage- neighboring States; ment Agency. The Administrator may redact ‘‘(C) MEMBERSHIP.—The review panel estab- ‘‘(C) be consistent with the Statewide Inter- lished under subparagraph (A) shall include— such information from the reports as the Admin- operable Communications Plan required under ‘‘(i) individuals with technical expertise in istrator determines necessary to protect national section 7303(f) of the Intelligence Reform and emergency communications operability and security. ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a Terrorism Prevention Act of 2004 (6 U.S.C. interoperable communications; State fails to provide the information required 194(f)); and ‘‘(ii) emergency response providers; and ‘‘(D) include a capital budget and timeline by the Administrator under paragraph (3), the ‘‘(iii) other relevant State and local officers. showing how the State intends to allocate and Administrator may— ‘‘(3) MINIMUM GRANT AMOUNTS.—The Admin- expend the grant funds. ‘‘(A) reduce grant payments to the State from istrator shall ensure that for each fiscal year— ‘‘(g) AWARD OF GRANTS.— the portion of grant funds that are not required ‘‘(A) no State receives less than an amount ‘‘(1) CONSIDERATIONS.—In approving applica- to be passed through under paragraph (1); equal to 0.75 percent of the total funds appro- tions and awarding grants under this section, ‘‘(B) terminate payment of funds under the priated for grants under this section; and the Administrator shall consider— grant to the State, and transfer the appropriate ‘‘(A) the nature of the threat to the State from ‘‘(B) American Samoa, the Commonwealth of portion of those funds directly to local and trib- a natural disaster, act of terrorism, or other the Northern Mariana Islands, Guam, and the al governments and emergency response pro- man-made disaster; Virgin Islands each receive no less than 0.25 viders that were intended to receive funding ‘‘(B) the location, risk, or vulnerability of crit- percent of the amounts appropriated for grants under that grant; or ical infrastructure and key national assets, in- under this section. ‘‘(C) impose additional restrictions or burdens cluding the consequences from damage to crit- ‘‘(4) AVAILABILITY OF FUNDS.—Any grant on the use of funds by the State under the ical infrastructure in nearby jurisdictions as a funds awarded that may be used to support grant, which may include— result of natural disasters, acts of terrorism, or emergency communications operability or inter- ‘‘(i) prohibiting use of such funds to pay the other man-made disasters; operable communications shall, as the Adminis- grant-related expenses of the State; or ‘‘(C) the size of the population of the State, trator may determine, remain available for up to ‘‘(ii) requiring the State to distribute to local including appropriate consideration of military, 3 years, consistent with section 7303(e) of the In- and tribal government and emergency response tourist, and commuter populations; telligence Reform and Terrorism Prevention Act providers all or a portion of grant funds that ‘‘(D) the population density of the State; of 2004 (6 U.S.C. 194(e)). are not required to be passed through under ‘‘(E) the extent to which grants will be uti- ‘‘(h) STATE RESPONSIBILITIES.— paragraph (1). lized to implement emergency communications ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND ‘‘(i) PROHIBITED USES.—Grants awarded operability and interoperable communications TRIBAL GOVERNMENTS.—The Administrator shall under this section may not be used for rec- solutions— determine a date by which a State that receives reational or social purposes. ‘‘(i) consistent with the National Emergency a grant shall obligate or otherwise make avail- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— Communications Plan under section 1802 and able to local and tribal governments and emer- There are authorized to be appropriated for compatible with the national infrastructure and gency response providers— grants under this section— national voluntary consensus standards; and ‘‘(A) not less than 80 percent of the funds of ‘‘(1) $400,000,000 for fiscal year 2008; ‘‘(ii) more efficient and cost effective than the amount of the grant; ‘‘(2) $500,000,000 for fiscal year 2009; current approaches; ‘‘(B) resources purchased with the grant ‘‘(3) $600,000,000 for fiscal year 2010; ‘‘(F) the extent to which a grant would expe- funds having a value equal to not less than 80 ‘‘(4) $800,000,000 for fiscal year 2011; dite the achievement, maintenance, or enhance- percent of the total amount of the grant; or ‘‘(5) $1,000,000,000 for fiscal year 2012; and ment of emergency communications operability ‘‘(C) grant funds combined with resources ‘‘(6) such sums as necessary for each fiscal and interoperable communications in the State purchased with the grant funds having a value year thereafter.’’. (2) TECHNICAL AND CONFORMING AMEND- with Federal, State, local, and tribal govern- equal to not less than 80 percent of the total MENT.—The table of contents under section 1(b) ments; amount of the grant. ‘‘(G) the extent to which a State, given its fi- ‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION of the Homeland Security Act of 2002 (6 U.S.C. nancial capability, demonstrates its commitment OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERN- 101) is amended by inserting after the item relat- to achieve, maintain, or enhance emergency MENTS.—Any State that receives a grant shall ing to section 1808 the following: communications operability and interoperable certify to the Administrator, by not later than 30 ‘‘Sec. 1809. Emergency communications oper- communications by supplementing Federal days after the date described under paragraph ability and interoperable commu- funds with non-Federal funds; (1) with respect to the grant, that the State has nications grants.’’. ‘‘(H) whether the State is on or near an inter- made available for expenditure by local or tribal (b) INTEROPERABLE COMMUNICATIONS national border; governments and emergency response providers PLANS.—Section 7303 of the Intelligence Reform ‘‘(I) whether the State encompasses an eco- the required amount of grant funds under para- and Terrorist Prevention Act of 2004 (6 U.S.C. nomically significant border crossing; graph (1). 194) is amended— ‘‘(J) whether the State has a coastline bor- ‘‘(3) REPORT ON GRANT SPENDING.— (1) in subsection (f)— dering an ocean, a major waterway used for ‘‘(A) IN GENERAL.—Any State that receives a (A) in paragraph (4), by striking ‘‘and’’ at the interstate commerce, or international waters; grant shall submit a spending report to the Ad- end;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00082 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4875 (B) in paragraph (5), by striking the period at nity participating in a demonstration project ‘‘(i) the country meets all security require- the end and inserting a semicolon; and through the State, or States, in which each com- ments of this section; (C) by adding at the end the following: munity is located. ‘‘(ii) the Secretary of Homeland Security de- ‘‘(6) include information on the governance (2) OTHER PARTICIPANTS.—Not later than 60 termines that the totality of the country’s secu- structure used to develop the plan, such as all days after receiving funds under paragraph (1), rity risk mitigation measures provide assurance agencies and organizations that participated in a State shall make the funds available to the that the country’s participation in the program developing the plan and the scope and time- local and tribal governments and emergency re- would not compromise the law enforcement, se- frame of the plan; and sponse providers selected by the Secretary to curity interests, or enforcement of the immigra- ‘‘(7) describe the method by which multi-juris- participate in a demonstration project. tion laws of the United States; dictional, multi-disciplinary input was provided (d) REPORTING.— ‘‘(iii) there has been a sustained reduction in from all regions of the jurisdiction and the proc- (1) IN GENERAL.—Not later than December 31, visa refusal rates for aliens from the country ess for continuing to incorporate such input.’’; 2007, and each year thereafter in which funds and conditions exist to continue such reduction; and are appropriated for a demonstration project, and (2) in subsection (g)(1), by striking ‘‘or video’’ the Secretary shall submit to the Committee on ‘‘(iv) the country cooperated with the Govern- and inserting ‘‘and video’’. Homeland Security and Governmental Affairs of ment of the United States on counterterrorism (c) NATIONAL EMERGENCY COMMUNICATIONS the Senate and the Committee on Homeland Se- initiatives and information sharing before the PLAN.—Section 1802(c) of the Homeland Security curity of the House of Representatives a report date of its designation as a program country, Act of 2002 (6 U.S.C. 652(c)) is amended— on the demonstration projects. and the Secretary of Homeland Security and the (1) in paragraph (8), by striking ‘‘and’’ at the (2) CONTENTS.—Each report under this sub- Secretary of State expect such cooperation will end; section shall contain the following: continue. (2) in paragraph (9), by striking the period at (A) The name and location of all communities ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- the end and inserting a semicolon; and involved in the demonstration project. SIDERATIONS.— (3) by adding at the end the following: (B) The amount of funding provided to each ‘‘(A) IN GENERAL.—In determining whether to ‘‘(10) set a date, including interim bench- State for the demonstration project. waive the application of paragraph (2)(A) for a (C) An evaluation of the usefulness of the marks, as appropriate, by which State, local, country, pursuant to paragraph (8), the Sec- demonstration project towards developing an ef- and tribal governments, Federal departments retary of Homeland Security, in consultation fective interoperable communications system at and agencies, emergency response providers, with the Secretary of State, shall take into con- the borders. and the private sector will achieve interoperable sideration other factors affecting the security of (D) The factors that were used in determining communications as that term is defined under the United States, including— how to distribute the funds in a risk-based man- section 7303(g)(1) of the Intelligence Reform and ‘‘(i) airport security standards in the country; Terrorism Prevention Act of 2004 (6 U.S.C. ner. (E) The specific risks inherent to a border ‘‘(ii) whether the country assists in the oper- 194(g)(1).’’. community that make interoperable communica- ation of an effective air marshal program; SEC. 302. BORDER INTEROPERABILITY DEM- tions more difficult than in non-border commu- ‘‘(iii) the standards of passports and travel ONSTRATION PROJECT. nities. documents issued by the country; and (a) IN GENERAL.— (F) The optimal ways to prioritize funding for ‘‘(iv) other security-related factors. (1) ESTABLISHMENT.—There is established in interoperable communication systems based ‘‘(B) OVERSTAY RATES.—In determining the Department an International Border Com- upon risk. whether to permit a country to participate in munity Interoperable Communications Dem- (e) AUTHORIZATION OF APPROPRIATIONS.— the program, the Secretary of Homeland Secu- onstration Project (referred to in this section as There are authorized to be appropriated such rity shall consider the estimated rate at which ‘‘demonstration project’’). sums as are necessary in each of fiscal years nationals of the country violate the terms of (2) MINIMUM NUMBER OF COMMUNITIES.—The 2007, 2008, and 2009 to carry out this section. their visas by remaining in the United States Secretary shall select no fewer than 6 commu- after the expiration of such visas.’’. TITLE IV—ENHANCING SECURITY OF nities to participate in a demonstration project. (d) SECURITY ENHANCEMENTS TO THE VISA INTERNATIONAL TRAVEL (3) LOCATION OF COMMUNITIES.—No fewer WAIVER PROGRAM.— than 3 of the communities selected under para- SEC. 401. MODERNIZATION OF THE VISA WAIVER (1) IN GENERAL.—Section 217 of the Immigra- graph (2) shall be located on the northern bor- PROGRAM. tion and Nationality Act (8 U.S.C. 1187) is der of the United States and no fewer than 3 of (a) SHORT TITLE.—This section may be cited amended— the communities selected under paragraph (2) as the ‘‘Secure Travel and Counterterrorism (A) in subsection (a)— shall be located on the southern border of the Partnership Act’’. (i) by striking ‘‘Operators of aircraft’’ and in- (b) SENSE OF CONGRESS.—It is the sense of United States. serting the following: Congress that— (b) PROGRAM REQUIREMENTS.—The dem- ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI- (1) the United States should modernize the onstration projects shall— FICATION INFORMATION.—Operators of aircraft’’; visa waiver program by simultaneously— (1) address the interoperable communications and (A) enhancing program security requirements; needs of emergency response providers and the (ii) by adding at the end the following: and National Guard; (B) extending visa-free travel privileges to na- ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE (2) foster interoperable emergency communica- tionals of foreign countries that are allies in the ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.— tions systems— war on terrorism; and Beginning on the date on which the electronic (A) among Federal, State, local, and tribal (2) the expansion described in paragraph (1) travel authorization system developed under government agencies in the United States in- will— subsection (h)(3) is fully operational, each alien volved in preventing or responding to a natural (A) enhance bilateral cooperation on critical traveling under the program shall, before apply- disaster, act of terrorism, or other man-made counterterrorism and information sharing initia- ing for admission, electronically provide basic disaster; and tives; biographical information to the system. Upon (B) with similar agencies in Canada or Mex- (B) support and expand tourism and business review of such biographical information, the ico; opportunities to enhance long-term economic Secretary of Homeland Security shall determine (3) identify common international cross-border competitiveness; and whether the alien is eligible to travel to the frequencies for communications equipment, in- (C) strengthen bilateral relationships. United States under the program.’’; cluding radio or computer messaging equipment; (c) DISCRETIONARY VISA WAIVER PROGRAM (B) in subsection (c), as amended by sub- (4) foster the standardization of interoperable EXPANSION.—Section 217(c) of the Immigration section (c) of this section— emergency communications equipment; and Nationality Act (8 U.S.C. 1187(c)) is amend- (i) in paragraph (2)— (5) identify solutions that will facilitate inter- ed by adding at the end the following: (I) by amending subparagraph (D) to read as operable communications across national bor- ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXI- follows: ders expeditiously; BILITY.— ‘‘(D) REPORTING LOST AND STOLEN PASS- (6) ensure that emergency response providers ‘‘(A) CERTIFICATION.—On the date on which PORTS.—The government of the country enters can communicate with each other and the pub- an air exit system is in place that can verify the into an agreement with the United States to re- lic at disaster sites; departure of not less than 97 percent of foreign port, or make available through Interpol, to the (7) provide training and equipment to enable nationals that exit through airports of the United States Government information about emergency response providers to deal with United States, the Secretary of Homeland Secu- the theft or loss of passports within a strict time threats and contingencies in a variety of envi- rity shall certify to Congress that such air exit limit and in a manner specified in the agree- ronments; and system is in place. ment.’’; and (8) identify and secure appropriate joint-use ‘‘(B) WAIVER.—After certification by the Sec- (II) by adding at the end the following: equipment to ensure communications access. retary under subparagraph (A), the Secretary of ‘‘(E) REPATRIATION OF ALIENS.—The govern- (c) DISTRIBUTION OF FUNDS.— Homeland Security, in consultation with the ment of a country accepts for repatriation any (1) IN GENERAL.—The Secretary shall dis- Secretary of State, may waive the application of citizen, former citizen, or national against tribute funds under this section to each commu- paragraph (2)(A) for a country if— whom a final executable order of removal is

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00083 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4876 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 issued not later than 3 weeks after the issuance of the System in the Federal Register, the Sec- evant agencies and departments, shall ensure of the final order of removal. Nothing in this retary of Homeland Security shall submit a re- that the Center is staffed with not fewer than 40 subparagraph creates any duty for the United port regarding the implementation of the System full-time equivalent positions, including, as ap- States or any right for any alien with respect to to— propriate, detailees from the following: removal or release. Nothing in this subpara- ‘‘(i) the Committee on Homeland Security and ‘‘(A) The Office of Intelligence and Analysis. graph gives rise to any cause of action or claim Governmental Affairs of the Senate; ‘‘(B) The Transportation Security Administra- under this paragraph or any other law against ‘‘(ii) the Committee on the Judiciary of the tion. any official of the United States or of any State Senate; ‘‘(C) The United States Citizenship and Immi- to compel the release, removal, or consideration ‘‘(iii) the Select Committee on Intelligence of gration Services. for release or removal of any alien. the Senate; ‘‘(D) The United States Customs and Border ‘‘(F) PASSENGER INFORMATION EXCHANGE.— ‘‘(iv) the Committee on Appropriations of the Protection. The government of the country enters into an Senate; ‘‘(E) The United States Coast Guard. agreement with the United States to share infor- ‘‘(v) the Committee on Homeland Security of ‘‘(F) The United States Immigration and Cus- mation regarding whether nationals of that the House of Representatives; toms Enforcement. country traveling to the United States represent ‘‘(vi) the Committee on the Judiciary of the ‘‘(G) The Central Intelligence Agency. a threat to the security or welfare of the United House of Representatives; ‘‘(H) The Department of Defense. States or its citizens.’’;. ‘‘(vii) the Permanent Select Committee on In- ‘‘(I) The Department of the Treasury. (ii) in paragraph (5)— telligence of the House of Representatives; and ‘‘(J) The National Counterterrorism Center. (I) by striking ‘‘Attorney General’’ each place ‘‘(viii) the Committee on Appropriations of the ‘‘(K) The National Security Agency. it appears and inserting ‘‘Secretary of Home- House of Representatives.’’. ‘‘(L) The Department of Justice. land Security’’; and (2) EFFECTIVE DATE.—Section 217(a)(11) of the ‘‘(M) The Department of State. (II) in subparagraph (A)(i)— Immigration and Nationality Act, as added by ‘‘(N) Any other relevant agency or depart- (aa) in subclause (II), by striking ‘‘and’’ at paragraph (1)(A)(ii) shall take effect on the date ment. the end; which is 60 days after the date on which the ‘‘(2) EXPERTISE OF DETAILEES.—The Secretary (bb) in subclause (III), by striking the period Secretary of Homeland Security publishes notice of Homeland Security, in cooperation with the at the end and inserting ‘‘; and’’; and in the Federal Register of the requirement under head of each agency, department, or other enti- (cc) by adding at the end the following: such paragraph. ty set out under paragraph (1), shall ensure ‘‘(IV) shall submit to Congress a report re- (e) EXIT SYSTEM.— that the detailees provided to the Center under (1) IN GENERAL.—Not later than 1 year after garding the implementation of the electronic paragraph (1) include an adequate number of the date of enactment of this Act, the Secretary travel authorization system under subsection personnel with experience in the area of— of Homeland Security shall establish an exit sys- (h)(3) and the participation of new countries in ‘‘(A) consular affairs; tem that records the departure on a flight leav- the program through a waiver under paragraph ‘‘(B) counterterrorism; ing the United States of every alien partici- (8).’’; and ‘‘(C) criminal law enforcement; pating in the visa waiver program established (iii) by adding at the end the following: ‘‘(D) intelligence analysis; under section 217 of the Immigration and Na- ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary ‘‘(E) prevention and detection of document tionality Act (8 U.S.C. 1187). of Homeland Security, in consultation with the fraud; (2) SYSTEM REQUIREMENTS.—The system estab- Secretary of State, shall provide technical as- ‘‘(F) border inspection; or lished under paragraph (1) shall— sistance to program countries to assist those ‘‘(G) immigration enforcement. (A) match biometric information of the alien countries in meeting the requirements under this ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the against relevant watch lists and immigration in- section.’’; extent that funds are available for such pur- formation; and (C) in subsection (f)(5), by striking ‘‘of blank’’ pose, the Secretary of Homeland Security shall (B) compare such biometric information and inserting ‘‘or loss of’’; and provide reimbursement to each agency or de- against manifest information collected by air (D) in subsection (h), by adding at the end the partment that provides a detailee to the Center, carriers on passengers departing the United following: in such amount or proportion as is appropriate States to confirm such individuals have de- ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYS- for costs associated with the provision of such parted the United States. TEM.— detailee, including costs for travel by, and bene- (3) REPORT.—Not later than 180 days after the ‘‘(A) SYSTEM.—The Secretary of Homeland Se- date of enactment of this Act, the Secretary fits provided to, such detailee. curity, in consultation with the Secretary of shall submit a report to Congress that de- ‘‘(f) ADMINISTRATIVE SUPPORT AND FUND- State, is authorized to develop and implement a scribes— ING.—The Secretary of Homeland Security shall fully automated electronic travel authorization (A) the progress made in developing and de- provide to the Center the administrative support system (referred to in this paragraph as the ploying the exit system established under this and funding required for its maintenance, in- ‘System’) to collect such basic biographical in- subsection; and cluding funding for personnel, leasing of office formation as the Secretary of Homeland Secu- (B) the procedures by which the Secretary will space, supplies, equipment, technology, train- rity determines to be necessary to determine, in improve the manner of calculating the rates of ing, and travel expenses necessary for the Cen- advance of travel, the eligibility of an alien to nonimmigrants who violate the terms of their ter to carry out its functions.’’. travel to the United States under the program. visas by remaining in the United States after the (b) REPORT.—Subsection (g) of section 7202 of ‘‘(B) FEES.—The Secretary of Homeland Secu- expiration of such visas. the Intelligence Reform and Terrorism Preven- rity may charge a fee for the use of the System, (f) AUTHORIZATION OF APPROPRIATIONS.— tion Act of 2004 (8 U.S.C. 1777), as redesignated which shall be— There are authorized to be appropriated such by subsection (a)(2), is amended— ‘‘(i) set at a level that will ensure recovery of sums as may be necessary to carry out this sec- (1) in the heading, by striking ‘‘REPORT’’ and the full costs of providing and administering the tion and the amendments made by this section. inserting ‘‘INITIAL REPORT’’; System; and (2) by redesignating such subsection (g) as SEC. 402. STRENGTHENING THE CAPABILITIES OF ‘‘(ii) available to pay the costs incurred to ad- THE HUMAN SMUGGLING AND TRAF- paragraph (1); minister the System. FICKING CENTER. (3) by indenting such paragraph, as so des- ‘‘(C) VALIDITY.— (a) IN GENERAL.—Section 7202 of the Intel- ignated, four ems from the left margin; ‘‘(i) PERIOD.—The Secretary of Homeland Se- ligence Reform and Terrorism Prevention Act of (4) by inserting before such paragraph, as so curity, in consultation with the Secretary of 2004 (8 U.S.C. 1777) is amended— designated, the following: State shall prescribe regulations that provide for (1) in subsection (c)(1), by striking ‘‘address’’ ‘‘(g) REPORT.—’’; and a period, not to exceed 3 years, during which a and inserting ‘‘integrate and disseminate intel- (5) by inserting after such paragraph, as so determination of eligibility to travel under the ligence and information related to’’; designated, the following new paragraph: program will be valid. Notwithstanding any (2) by redesignating subsections (d) and (e) as ‘‘(2) FOLLOW-UP REPORT.—Not later than 180 other provision under this section, the Secretary subsections (g) and (h), respectively; and days after the date of enactment of the Improv- of Homeland Security may revoke any such de- (3) by inserting after subsection (c) the fol- ing America’s Security Act of 2007, the President termination at any time and for any reason. lowing new subsections: shall transmit to Congress a report regarding ‘‘(ii) LIMITATION.—A determination that an ‘‘(d) DIRECTOR.—The Secretary of Homeland the operation of the Center and the activities alien is eligible to travel to the United States Security shall nominate an official of the Gov- carried out by the Center, including a descrip- under the program is not a determination that ernment of the United States to serve as the Di- tion of— the alien is admissible to the United States. rector of the Center, in accordance with the re- ‘‘(A) the roles and responsibilities of each ‘‘(iii) JUDICIAL REVIEW.—Notwithstanding any quirements of the memorandum of under- agency or department that is participating in other provision of law, no court shall have juris- standing entitled the ‘Human Smuggling and the Center; diction to review an eligibility determination Trafficking Center (HSTC) Charter’. ‘‘(B) the mechanisms used to share informa- under the System. ‘‘(e) STAFFING OF THE CENTER.— tion among each such agency or department; ‘‘(D) REPORT.—Not later than 60 days before ‘‘(1) IN GENERAL.—The Secretary of Homeland ‘‘(C) the staff provided to the Center by each publishing notice regarding the implementation Security, in cooperation with heads of other rel- such agency or department;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00084 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4877 ‘‘(D) the type of information and reports being Affairs of the Senate and the Committee on may need to enhance the use of its existing pow- disseminated by the Center; and Homeland Security of the House of Representa- ers. ‘‘(E) any efforts by the Center to create a cen- tives a report on the implementation of this sec- ‘‘(2) This shift of power and authority to the tralized Federal Government database to store tion.’’. Government calls for an enhanced system of information related to illicit travel of foreign na- SEC. 404. ENHANCED DRIVER’S LICENSE. checks and balances to protect the precious lib- tionals, including a description of any such Section 7209(b)(1) of the Intelligence Reform erties that are vital to our way of life and to en- database and of the manner in which informa- and Terrorism Prevention Act of 2004 (8 U.S.C. sure that the Government uses its powers for the tion utilized in such a database would be col- 1185 note) is amended— purposes for which the powers were given. lected, stored, and shared.’’. (1) in subparagraph (B)— ‘‘(c) PURPOSE.—The Board shall— (c) AUTHORIZATION OF APPROPRIATIONS.— (A) in clause (vi), by striking ‘‘and’’ at the ‘‘(1) analyze and review actions the executive There are authorized to be appropriated to the end; branch takes to protect the Nation from ter- Secretary to carry out section 7202 of the Intel- (B) in clause (vii), by striking the period at rorism, ensuring that the need for such actions ligence Reform and Terrorism Prevention Act of the end and inserting ‘‘; and’’; and is balanced with the need to protect privacy and 2004 (8 U.S.C. 1777), as amended by this section, (C) by adding at the end the following: civil liberties; and $20,000,000 for fiscal year 2008. ‘‘(viii) the signing of a memorandum of agree- ‘‘(2) ensure that liberty concerns are appro- SEC. 403. ENHANCEMENTS TO THE TERRORIST ment to initiate a pilot program with not less priately considered in the development and im- TRAVEL PROGRAM. than 1 State to determine if an enhanced driv- plementation of laws, regulations, and policies Section 7215 of the Intelligence Reform and er’s license, which is machine-readable and tam- related to efforts to protect the Nation against Terrorism Prevention Act of 2004 (6 U.S.C. 123) per proof, not valid for certification of citizen- terrorism. is amended to read as follows: ship for any purpose other than admission into ‘‘(d) FUNCTIONS.— ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. the United States from Canada, and issued by ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVEL- ‘‘(a) REQUIREMENT TO ESTABLISH.—Not later such State to an individual, may permit the in- OPMENT AND IMPLEMENTATION.—The Board than 90 days after the date of enactment of the dividual to use the driver’s license to meet the shall— Improving America’s Security Act of 2007, the documentation requirements under subpara- ‘‘(A) review proposed legislation, regulations, Secretary of Homeland Security, in consultation graph (A) for entry into the United States from and policies related to efforts to protect the Na- with the Director of the National Counterter- Canada at the land and sea ports of entry.’’; tion from terrorism, including the development rorism Center and consistent with the strategy and and adoption of information sharing guidelines developed under section 7201, shall establish a (2) by adding at the end the following: under subsections (d) and (f) of section 1016; program to oversee the implementation of the ‘‘(C) REPORT.—Not later than 180 days after ‘‘(B) review the implementation of new and Secretary’s responsibilities with respect to ter- the initiation of the pilot program described in existing legislation, regulations, and policies re- rorist travel. subparagraph (B)(viii), the Secretary of Home- lated to efforts to protect the Nation from ter- ‘‘(b) HEAD OF THE PROGRAM.—The Secretary land Security and Secretary of State shall sub- rorism, including the implementation of infor- of Homeland Security shall designate an official mit to the appropriate congressional committees mation sharing guidelines under subsections (d) of the Department of Homeland Security to be a report, which includes— and (f) of section 1016; responsible for carrying out the program. Such ‘‘(i) an analysis of the impact of the pilot pro- ‘‘(C) advise the President and the depart- official shall be— gram on national security; ments, agencies, and elements of the executive ‘‘(1) the Assistant Secretary for Policy of the ‘‘(ii) recommendations on how to expand the branch to ensure that privacy and civil liberties Department of Homeland Security; or pilot program to other States; are appropriately considered in the development ‘‘(2) an official appointed by the Secretary ‘‘(iii) any appropriate statutory changes to fa- and implementation of such legislation, regula- who reports directly to the Secretary. cilitate the expansion of the pilot program to ad- tions, policies, and guidelines; and ‘‘(c) DUTIES.—The official designated under ditional States and to citizens of Canada; ‘‘(D) in providing advice on proposals to re- subsection (b) shall assist the Secretary of ‘‘(iv) a plan to scan individuals participating tain or enhance a particular governmental Homeland Security in improving the Depart- in the pilot program against United States ter- power, consider whether the department, agen- ment’s ability to prevent terrorists from entering rorist watch lists; and cy, or element of the executive branch has estab- the United States or remaining in the United ‘‘(v) a recommendation for the type of ma- lished— States undetected by— chine-readable technology that should be used ‘‘(i) that the need for the power is balanced ‘‘(1) developing relevant strategies and poli- in enhanced driver’s licenses, based on indi- with the need to protect privacy and civil lib- cies; vidual privacy considerations and the costs and erties; ‘‘(2) reviewing the effectiveness of existing feasibility of incorporating any new technology ‘‘(ii) that there is adequate supervision of the programs and recommending improvements, if into existing driver’s licenses.’’. use by the executive branch of the power to en- necessary; SEC. 405. WESTERN HEMISPHERE TRAVEL INITIA- sure protection of privacy and civil liberties; ‘‘(3) making recommendations on budget re- TIVE. and quests and on the allocation of funding and per- Before publishing a final rule in the Federal ‘‘(iii) that there are adequate guidelines and sonnel; Register, the Secretary shall conduct— oversight to properly confine its use. ‘‘(4) ensuring effective coordination, with re- (1) a complete cost-benefit analysis of the ‘‘(2) OVERSIGHT.—The Board shall continually spect to policies, programs, planning, oper- Western Hemisphere Travel Initiative, author- review— ations, and dissemination of intelligence and in- ized under section 7209 of the Intelligence Re- ‘‘(A) the regulations, policies, and procedures, formation related to terrorist travel— form and Terrorism Prevention Act of 2004 (Pub- and the implementation of the regulations, poli- ‘‘(A) among appropriate subdivisions of the lic Law 108–458; 8 U.S.C. 1185 note); and cies, and procedures, of the departments, agen- Department of Homeland Security, as deter- (2) a study of the mechanisms by which the cies, and elements of the executive branch to en- mined by the Secretary and including— execution fee for a PASS Card could be reduced, sure that privacy and civil liberties are pro- ‘‘(i) the United States Customs and Border considering the potential increase in the number tected; Protection; of applications. ‘‘(B) the information sharing practices of the ‘‘(ii) the United States Immigration and Cus- TITLE V—PRIVACY AND CIVIL LIBERTIES departments, agencies, and elements of the exec- toms Enforcement; MATTERS utive branch to determine whether they appro- ‘‘(iii) the United States Citizenship and Immi- SEC. 501. MODIFICATION OF AUTHORITIES RE- priately protect privacy and civil liberties and gration Services; LATING TO PRIVACY AND CIVIL LIB- adhere to the information sharing guidelines ‘‘(iv) the Transportation Security Administra- ERTIES OVERSIGHT BOARD. issued or developed under subsections (d) and tion; and (a) MODIFICATION OF AUTHORITIES.—Section (f) of section 1016 and to other governing laws, ‘‘(v) the United States Coast Guard; and 1061 of the National Security Intelligence Re- regulations, and policies regarding privacy and ‘‘(B) between the Department of Homeland Se- form Act of 2004 (title I of Public Law 108–458; civil liberties; and curity and other appropriate Federal agencies; 5 U.S.C. 601 note) is amended to read as follows: ‘‘(C) other actions by the executive branch re- and ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVER- lated to efforts to protect the Nation from ter- ‘‘(5) serving as the Secretary’s primary point SIGHT BOARD. rorism to determine whether such actions— of contact with the National Counterterrorism ‘‘(a) IN GENERAL.—There is established within ‘‘(i) appropriately protect privacy and civil Center for implementing initiatives related to the Executive Office of the President a Privacy liberties; and terrorist travel and ensuring that the rec- and Civil Liberties Oversight Board (referred to ‘‘(ii) are consistent with governing laws, regu- ommendations of the Center related to terrorist in this section as the ‘Board’). lations, and policies regarding privacy and civil travel are carried out by the Department. ‘‘(b) FINDINGS.—Consistent with the report of liberties. ‘‘(d) REPORT.—Not later than 180 days after the National Commission on Terrorist Attacks ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL the date of enactment of the Improving Amer- Upon the United States, Congress makes the fol- LIBERTIES OFFICERS.—The Board shall— ica’s Security Act of 2007, the Secretary of lowing findings: ‘‘(A) review and assess reports and other in- Homeland Security shall submit to the Com- ‘‘(1) In conducting the war on terrorism, the formation from privacy officers and civil lib- mittee on Homeland Security and Governmental Government may need additional powers and erties officers under section 1062;

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‘‘(B) when appropriate, make recommenda- the Attorney General of the United States that ‘‘(5) QUORUM AND MEETINGS.—After its initial tions to such privacy officers and civil liberties the Attorney General require, by subpoena, per- meeting, the Board shall meet upon the call of officers regarding their activities; and sons (other than departments, agencies, and ele- the chairman or a majority of its members. ‘‘(C) when appropriate, coordinate the activi- ments of the executive branch) to produce any Three members of the Board shall constitute a ties of such privacy officers and civil liberties of- relevant information, documents, reports, an- quorum. ficers on relevant interagency matters. swers, records, accounts, papers, and other doc- ‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— ‘‘(4) TESTIMONY.—The members of the Board umentary or testimonial evidence. ‘‘(1) COMPENSATION.— shall appear and testify before Congress upon ‘‘(2) REVIEW OF SUBPOENA REQUEST.— ‘‘(A) CHAIRMAN.—The chairman of the Board request. ‘‘(A) IN GENERAL.—Not later than 30 days shall be compensated at the rate of pay payable ‘‘(e) REPORTS.— after the date of receipt of a request by the for a position at level III of the Executive ‘‘(1) IN GENERAL.—The Board shall— Board under paragraph (1)(D), the Attorney Schedule under section 5314 of title 5, United ‘‘(A) receive and review reports from privacy General shall— States Code. officers and civil liberties officers under section ‘‘(i) issue the subpoena as requested; or ‘‘(B) MEMBERS.—Each member of the Board 1062; and ‘‘(ii) provide the Board, in writing, with an shall be compensated at a rate of pay payable ‘‘(B) periodically submit, not less than semi- explanation of the grounds on which the sub- for a position at level IV of the Executive Sched- annually, reports— poena request has been modified or denied. ule under section 5315 of title 5, United States ‘‘(i)(I) to the appropriate committees of Con- ‘‘(B) NOTIFICATION.—If a subpoena request is Code, for each day during which that member is gress, including the Committee on the Judiciary modified or denied under subparagraph (A)(ii), engaged in the actual performance of the duties of the Senate, the Committee on the Judiciary of the Attorney General shall, not later than 30 of the Board. the House of Representatives, the Committee on days after the date of that modification or de- ‘‘(2) TRAVEL EXPENSES.—Members of the Homeland Security and Governmental Affairs of nial, notify the Committee on the Judiciary of Board shall be allowed travel expenses, includ- the Senate, the Committee on Oversight and the Senate and the Committee on the Judiciary ing per diem in lieu of subsistence, at rates au- Government Reform of the House of Representa- of the House of Representatives. thorized for persons employed intermittently by tives, the Select Committee on Intelligence of the ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case the Government under section 5703(b) of title 5, Senate, and the Permanent Select Committee on of contumacy or failure to obey a subpoena United States Code, while away from their Intelligence of the House of Representatives; issued pursuant to paragraph (1)(D), the United homes or regular places of business in the per- and States district court for the judicial district in formance of services for the Board. ‘‘(II) to the President; and which the subpoenaed person resides, is served, ‘‘(j) STAFF.— ‘‘(ii) which shall be in unclassified form to the or may be found may issue an order requiring ‘‘(1) APPOINTMENT AND COMPENSATION.—The greatest extent possible, with a classified annex such person to produce the evidence required by chairman of the Board, in accordance with rules where necessary. such subpoena. agreed upon by the Board, shall appoint and fix ‘‘(4) AGENCY COOPERATION.—Whenever infor- ‘‘(2) CONTENTS.—Not less than 2 reports sub- the compensation of a full-time executive direc- mation or assistance requested under subpara- mitted each year under paragraph (1)(B) shall tor and such other personnel as may be nec- graph (A) or (B) of paragraph (1) is, in the include— essary to enable the Board to carry out its func- judgment of the Board, unreasonably refused or ‘‘(A) a description of the major activities of tions, without regard to the provisions of title 5, not provided, the Board shall report the cir- the Board during the preceding period; United States Code, governing appointments in cumstances to the head of the department, agen- ‘‘(B) information on the findings, conclusions, the competitive service, and without regard to cy, or element concerned without delay. The and recommendations of the Board resulting the provisions of chapter 51 and subchapter III head of the department, agency, or element con- from its advice and oversight functions under of chapter 53 of such title relating to classifica- cerned shall ensure that the Board is given ac- subsection (d); tion and General Schedule pay rates, except cess to the information, assistance, material, or ‘‘(C) the minority views on any findings, con- that no rate of pay fixed under this subsection personnel the Board determines to be necessary clusions, and recommendations of the Board re- may exceed the equivalent of that payable for a to carry out its functions. sulting from its advice and oversight functions position at level V of the Executive Schedule ‘‘(h) MEMBERSHIP.— under subsection (d); under section 5316 of title 5, United States Code. ‘‘(1) MEMBERS.—The Board shall be composed ETAILEES.—Any Federal employee may ‘‘(D) each proposal reviewed by the Board of a full-time chairman and 4 additional mem- ‘‘(2) D be detailed to the Board without reimbursement under subsection (d)(1) that— bers, who shall be appointed by the President, from the Board, and such detailee shall retain ‘‘(i) the Board advised against implementa- by and with the advice and consent of the Sen- the rights, status, and privileges of the detailee’s tion; and ate. ‘‘(ii) notwithstanding such advice, actions ‘‘(2) QUALIFICATIONS.—Members of the Board regular employment without interruption. were taken to implement; and shall be selected solely on the basis of their pro- ‘‘(3) CONSULTANT SERVICES.—The Board may ‘‘(E) for the preceding period, any requests fessional qualifications, achievements, public procure the temporary or intermittent services of submitted under subsection (g)(1)(D) for the stature, expertise in civil liberties and privacy, experts and consultants in accordance with sec- issuance of subpoenas that were modified or de- and relevant experience, and without regard to tion 3109 of title 5, United States Code, at rates nied by the Attorney General. political affiliation, but in no event shall more that do not exceed the daily rate paid a person ‘‘(f) INFORMING THE PUBLIC.—The Board than 3 members of the Board be members of the occupying a position at level IV of the Executive shall— same political party. Schedule under section 5315 of such title. ‘‘(1) make its reports, including its reports to ‘‘(3) INCOMPATIBLE OFFICE.—An individual ‘‘(k) SECURITY CLEARANCES.—The appropriate Congress, available to the public to the greatest appointed to the Board may not, while serving departments, agencies, and elements of the exec- extent that is consistent with the protection of on the Board, be an elected official, officer, or utive branch shall cooperate with the Board to classified information and applicable law; and employee of the Federal Government, other than expeditiously provide the Board members and ‘‘(2) hold public hearings and otherwise in- in the capacity as a member of the Board. staff with appropriate security clearances to the form the public of its activities, as appropriate ‘‘(4) TERM.—Each member of the Board shall extent possible under existing procedures and and in a manner consistent with the protection serve a term of 6 years, except that— requirements. of classified information and applicable law. ‘‘(A) a member appointed to a term of office ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY ‘‘(g) ACCESS TO INFORMATION.— after the commencement of such term may serve COMMITTEE.—The Board— ‘‘(1) AUTHORIZATION.—If determined by the under such appointment only for the remainder ‘‘(1) is an agency (as defined in section 551(1) Board to be necessary to carry out its respon- of such term; of title 5, United States Code); and sibilities under this section, the Board is author- ‘‘(B) upon the expiration of the term of office ‘‘(2) is not an advisory committee (as defined ized to— of a member, the member shall continue to serve in section 3(2) of the Federal Advisory Com- ‘‘(A) have access from any department, agen- until the member’s successor has been appointed mittee Act (5 U.S.C. App.)). cy, or element of the executive branch, or any and qualified, except that no member may serve ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Federal officer or employee, to all relevant under this subparagraph— There are authorized to be appropriated to carry records, reports, audits, reviews, documents, pa- ‘‘(i) for more than 60 days when Congress is in out this section amounts as follows: pers, recommendations, or other relevant mate- session unless a nomination to fill the vacancy ‘‘(1) For fiscal year 2008, $5,000,000. rial, including classified information consistent shall have been submitted to the Senate; or ‘‘(2) For fiscal year 2009, $6,650,000. with applicable law; ‘‘(ii) after the adjournment sine die of the ses- ‘‘(3) For fiscal year 2010, $8,300,000. ‘‘(B) interview, take statements from, or take sion of the Senate in which such nomination is ‘‘(4) For fiscal year 2011, $10,000,000. public testimony from personnel of any depart- submitted; and ‘‘(5) For fiscal year 2012, and each fiscal year ment, agency, or element of the executive ‘‘(C) the members first appointed under this thereafter, such sums as may be necessary.’’. branch, or any Federal officer or employee; subsection after the date of enactment of the Im- (b) CONTINUATION OF SERVICE OF CURRENT ‘‘(C) request information or assistance from proving America’s Security Act of 2007 shall MEMBERS OF PRIVACY AND CIVIL LIBERTIES any State, tribal, or local government; and serve terms of two, three, four, five, and six BOARD.—The members of the Privacy and Civil ‘‘(D) at the direction of a majority of the mem- years, respectively, with the term of each such Liberties Oversight Board as of the date of en- bers of the Board, submit a written request to member to be designated by the President. actment of this Act may continue to serve as

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00086 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4879 members of that Board after that date, and to ‘‘(B) that there is adequate supervision of the discharge of each of the functions of the officer carry out the functions and exercise the powers use by such department, agency, or element of concerned, including— of that Board as specified in section 1061 of the the power to ensure protection of privacy and ‘‘(A) information on the number and types of National Security Intelligence Reform Act of civil liberties; and reviews undertaken; 2004 (as amended by subsection (a)), until— ‘‘(C) that there are adequate guidelines and ‘‘(B) the type of advice provided and the re- (1) in the case of any individual serving as a oversight to properly confine its use. sponse given to such advice; member of the Board under an appointment by ‘‘(b) EXCEPTION TO DESIGNATION AUTHOR- ‘‘(C) the number and nature of the complaints the President, by and with the advice and con- ITY.— received by the department, agency, or element sent of the Senate, the expiration of a term des- ‘‘(1) PRIVACY OFFICERS.—In any department, concerned for alleged violations; and ignated by the President under section agency, or element referred to in subsection (a) ‘‘(D) a summary of the disposition of such 1061(h)(4)(C) of such Act (as so amended); or designated by the Privacy and Civil Liberties complaints, the reviews and inquiries con- (2) in the case of any individual serving as a Oversight Board, which has a statutorily cre- ducted, and the impact of the activities of such member of the Board other than under an ap- ated privacy officer, such officer shall perform officer. pointment by the President, by and with the ad- the functions specified in subsection (a) with re- ‘‘(g) INFORMING THE PUBLIC.—Each privacy vice and consent of the Senate, the confirmation spect to privacy. officer and civil liberties officer shall— or rejection by the Senate of that member’s nom- ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de- ‘‘(1) make the reports of such officer, includ- ination to the Board under such section 1061 (as partment, agency, or element referred to in sub- ing reports to Congress, available to the public so amended), except that no such individual section (a) or designated by the Board, which to the greatest extent that is consistent with the may serve as a member under this paragraph— has a statutorily created civil liberties officer, protection of classified information and applica- (A) for more than 60 days when Congress is in such officer shall perform the functions speci- ble law; and ‘‘(2) otherwise inform the public of the activi- session unless a nomination of that individual fied in subsection (a) with respect to civil lib- ties of such officer, as appropriate and in a to be a member of the Board has been submitted erties. manner consistent with the protection of classi- to the Senate; or ‘‘(c) SUPERVISION AND COORDINATION.—Each (B) after the adjournment sine die of the ses- privacy officer or civil liberties officer described fied information and applicable law. ‘‘(h) SAVINGS CLAUSE.—Nothing in this section sion of the Senate in which such nomination is in subsection (a) or (b) shall— shall be construed to limit or otherwise supplant submitted; or ‘‘(1) report directly to the head of the depart- any other authorities or responsibilities provided (3) the appointment of members of the Board ment, agency, or element concerned; and by law to privacy officers or civil liberties offi- under such section 1061 (as so amended), except ‘‘(2) coordinate their activities with the In- cers.’’. that no member may serve under this para- spector General of such department, agency, or (b) CLERICAL AMENDMENT.—The table of con- graph— element to avoid duplication of effort. (A) for more than 60 days when Congress is in tents for the Intelligence Reform and Terrorism ‘‘(d) AGENCY COOPERATION.—The head of session unless a nomination to fill the position Prevention Act of 2004 (Public Law 108–458) is each department, agency, or element shall en- on the Board shall have been submitted to the amended by striking the item relating to section sure that each privacy officer and civil liberties Senate; or 1062 and inserting the following new item: (B) after the adjournment sine die of the ses- officer— ‘‘(1) has the information, material, and re- ‘‘Sec. 1062. Privacy and civil liberties officers.’’. sion of the Senate in which such nomination is SEC. 503. DEPARTMENT PRIVACY OFFICER. submitted. sources necessary to fulfill the functions of such officer; Section 222 of the Homeland Security Act of SEC. 502. PRIVACY AND CIVIL LIBERTIES OFFI- 2002 (6 U.S.C. 142) is amended— CERS. ‘‘(2) is advised of proposed policy changes; ‘‘(3) is consulted by decision makers; and (1) by inserting ‘‘(a) APPOINTMENT AND RE- (a) IN GENERAL.—Section 1062 of the National SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and Security Intelligence Reform Act of 2004 (title I ‘‘(4) is given access to material and personnel the officer determines to be necessary to carry (2) by adding at the end the following: of Public Law 108–458; 118 Stat. 3688) is amend- ‘‘(b) AUTHORITY TO INVESTIGATE.— out the functions of such officer. ed to read as follows: ‘‘(1) IN GENERAL.—The senior official ap- ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFI- pointed under subsection (a) may— action constituting a reprisal, or threat of re- CERS. ‘‘(A) have access to all records, reports, au- prisal, for making a complaint or for disclosing ‘‘(a) DESIGNATION AND FUNCTIONS.—The At- dits, reviews, documents, papers, recommenda- torney General, the Secretary of Defense, the information to a privacy officer or civil liberties tions, and other materials available to the De- Secretary of State, the Secretary of the Treas- officer described in subsection (a) or (b), or to partment that relate to programs and operations ury, the Secretary of Health and Human Serv- the Privacy and Civil Liberties Oversight Board, with respect to the responsibilities of the senior ices, the Secretary of Homeland Security, the that indicates a possible violation of privacy official under this section; Director of National Intelligence, the Director of protections or civil liberties in the administra- ‘‘(B) make such investigations and reports re- the Central Intelligence Agency, and the head tion of the programs and operations of the Fed- lating to the administration of the programs and of any other department, agency, or element of eral Government relating to efforts to protect operations of the Department that are necessary the executive branch designated by the Privacy the Nation from terrorism shall be taken by any or desirable as determined by that senior offi- and Civil Liberties Oversight Board under sec- Federal employee in a position to take such ac- cial; tion 1061 to be appropriate for coverage under tion, unless the complaint was made or the in- ‘‘(C) subject to the approval of the Secretary, this section shall designate not less than 1 sen- formation was disclosed with the knowledge require by subpoena the production, by any per- ior officer to— that it was false or with willful disregard for its son other than a Federal agency, of all informa- ‘‘(1) assist the head of such department, agen- truth or falsity. tion, documents, reports, answers, records, ac- cy, or element and other officials of such de- ‘‘(f) PERIODIC REPORTS.— counts, papers, and other data and documen- partment, agency, or element in appropriately ‘‘(1) IN GENERAL.—The privacy officers and tary evidence necessary to performance of the considering privacy and civil liberties concerns civil liberties officers of each department, agen- responsibilities of the senior official under this when such officials are proposing, developing, cy, or element referred to or described in sub- section; and or implementing laws, regulations, policies, pro- section (a) or (b) shall periodically, but not less ‘‘(D) administer to or take from any person an cedures, or guidelines related to efforts to pro- than quarterly, submit a report on the activities oath, affirmation, or affidavit, whenever nec- tect the Nation against terrorism; of such officers— essary to performance of the responsibilities of ‘‘(2) periodically investigate and review de- ‘‘(A)(i) to the appropriate committees of Con- the senior official under this section. partment, agency, or element actions, policies, gress, including the Committee on the Judiciary ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub- procedures, guidelines, and related laws and of the Senate, the Committee on the Judiciary of poena issued under paragraph (1)(C) shall, in their implementation to ensure that such de- the House of Representatives, the Committee on the case of contumacy or refusal to obey, be en- partment, agency, or element is adequately con- Homeland Security and Governmental Affairs of forceable by order of any appropriate United sidering privacy and civil liberties in its actions; the Senate, the Committee on Oversight and States district court. ‘‘(3) ensure that such department, agency, or Government Reform of the House of Representa- ‘‘(3) EFFECT OF OATHS.—Any oath, affirma- element has adequate procedures to receive, in- tives, the Select Committee on Intelligence of the tion, or affidavit administered or taken under vestigate, respond to, and redress complaints Senate, and the Permanent Select Committee on paragraph (1)(D) by or before an employee of from individuals who allege such department, Intelligence of the House of Representatives; the Privacy Office designated for that purpose agency, or element has violated their privacy or ‘‘(ii) to the head of such department, agency, by the senior official appointed under sub- civil liberties; and or element; and section (a) shall have the same force and effect ‘‘(4) in providing advice on proposals to retain ‘‘(iii) to the Privacy and Civil Liberties Over- as if administered or taken by or before an offi- or enhance a particular governmental power the sight Board; and cer having a seal of office. officer shall consider whether such department, ‘‘(B) which shall be in unclassified form to the ‘‘(c) SUPERVISION AND COORDINATION.— agency, or element has established— greatest extent possible, with a classified annex ‘‘(1) IN GENERAL.—The senior official ap- ‘‘(A) that the need for the power is balanced where necessary. pointed under subsection (a) shall— with the need to protect privacy and civil lib- ‘‘(2) CONTENTS.—Each report submitted under ‘‘(A) report to, and be under the general su- erties; paragraph (1) shall include information on the pervision of, the Secretary; and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00087 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4880 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(B) coordinate activities with the Inspector ticular pattern or anomaly is indicative of ter- and operation of the National Biosurveillance General of the Department in order to avoid du- rorist or criminal activity. Integration System. plication of effort. (C) A thorough description of the data sources ‘‘(c) PRIMARY MISSION.—The primary mission ‘‘(2) NOTIFICATION TO CONGRESS ON RE- that are being or will be used. of the NBIC is to enhance the capability of the MOVAL.—If the Secretary removes the senior of- (D) An assessment of the efficacy or likely ef- Federal Government to— ficial appointed under subsection (a) or trans- ficacy of the data mining activity in providing ‘‘(1) rapidly identify, characterize, localize, fers that senior official to another position or lo- accurate information consistent with and valu- and track a biological event of national signifi- cation within the Department, the Secretary able to the stated goals and plans for the use or cance by integrating and analyzing data from shall— development of the data mining activity. human health, animal, plant, food, and envi- ‘‘(A) promptly submit a written notification of (E) An assessment of the impact or likely im- ronmental monitoring systems (both national the removal or transfer to Houses of Congress; pact of the implementation of the data mining and international); and and activity on the privacy and civil liberties of indi- ‘‘(2) disseminate alerts and other information ‘‘(B) include in any such notification the rea- viduals, including a thorough description of the regarding such data analysis to Member Agen- sons for the removal or transfer. actions that are being taken or will be taken cies and, in consultation with relevant member ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CON- with regard to the property, privacy, or other agencies, to agencies of State, local, and tribal GRESS.—The senior official appointed under sub- rights or privileges of any individual or individ- governments, as appropriate, to enhance the section (a) shall— uals as a result of the implementation of the ability of such agencies to respond to a biologi- ‘‘(1) submit reports directly to the Congress re- data mining activity. cal event of national significance. garding performance of the responsibilities of (F) A list and analysis of the laws and regula- ‘‘(d) REQUIREMENTS.—The NBIC shall design the senior official under this section, without tions that govern the information being or to be the NBIS to detect, as early as possible, a bio- any prior comment or amendment by the Sec- collected, reviewed, gathered, analyzed, or used logical event of national significance that pre- retary, Deputy Secretary, or any other officer or with the data mining activity. sents a risk to the United States or the infra- employee of the Department or the Office of (G) A thorough discussion of the policies, pro- structure or key assets of the United States, in- Management and Budget; and cedures, and guidelines that are in place or that cluding— ‘‘(2) inform the Committee on Homeland Secu- are to be developed and applied in the use of ‘‘(1) if a Federal department or agency, at the rity and Governmental Affairs of the Senate and such technology for data mining in order to— discretion of the head of that department or the Committee on Homeland Security of the (i) protect the privacy and due process rights agency, has entered a memorandum of under- House of Representatives not later than— of individuals, such as redress procedures; and standing regarding participation in the NBIC, ‘‘(A) 30 days after the Secretary disapproves (ii) ensure that only accurate information is consolidating data from all relevant surveillance the senior official’s request for a subpoena collected, reviewed, gathered, analyzed, or used. systems maintained by that department or agen- under subsection (b)(1)(C) or the Secretary sub- (H) Any necessary classified information in cy to detect biological events of national signifi- stantively modifies the requested subpoena; or an annex that shall be available, as appro- cance across human, animal, and plant species; ‘‘(B) 45 days after the senior official’s request priate, to the Committee on Homeland Security ‘‘(2) seeking private sources of surveillance, for a subpoena under subsection (b)(1)(C), if and Governmental Affairs, the Committee on the both foreign and domestic, when such sources that subpoena has not either been approved or Judiciary, the Select Committee on Intelligence, would enhance coverage of critical surveillance disapproved by the Secretary.’’. and the Committee on Appropriations of the gaps; SEC. 504. FEDERAL AGENCY DATA MINING RE- Senate and the Committee on Homeland Secu- ‘‘(3) using an information technology system PORTING ACT OF 2007. rity, the Committee on the Judiciary, the Perma- that uses the best available statistical and other (a) SHORT TITLE.—This section may be cited nent Select Committee on Intelligence, and the analytical tools to identify and characterize bio- as the ‘‘Federal Agency Data Mining Reporting Committee on Appropriations of the House of logical events of national significance in as Act of 2007’’. Representatives. close to real-time as is practicable; (b) DEFINITIONS.—In this section: (3) TIME FOR REPORT.—Each report required ‘‘(4) providing the infrastructure for such in- (1) DATA MINING.—The term ‘‘data mining’’ under paragraph (1) shall be— tegration, including information technology sys- means a query, search, or other analysis of 1 or (A) submitted not later than 180 days after the tems and space, and support for personnel from more electronic databases, where— date of enactment of this Act; and Member Agencies with sufficient expertise to en- (A) a department or agency of the Federal (B) updated not less frequently than annually able analysis and interpretation of data; Government, or a non-Federal entity acting on thereafter, to include any activity to use or de- ‘‘(5) working with Member Agencies to create behalf of the Federal Government, is conducting velop data mining engaged in after the date of information technology systems that use the the query, search, or other analysis to discover the prior report submitted under paragraph (1). minimum amount of patient data necessary and or locate a predictive pattern or anomaly indic- TITLE VI—ENHANCED DEFENSES AGAINST consider patient confidentiality and privacy ative of terrorist or criminal activity on the part WEAPONS OF MASS DESTRUCTION issues at all stages of development and apprise of any individual or individuals; and SEC. 601. NATIONAL BIOSURVEILLANCE INTEGRA- the Privacy Officer of such efforts; and (B) the query, search, or other analysis does TION CENTER. ‘‘(6) alerting relevant Member Agencies and, not use personal identifiers of a specific indi- (a) IN GENERAL.—Title III of the Homeland in consultation with relevant Member Agencies, vidual, or inputs associated with a specific indi- Security Act of 2002 (6 U.S.C. et seq.) is amended public health agencies of State, local, and tribal vidual or group of individuals, to retrieve infor- by adding at the end the following: governments regarding any incident that could mation from the database or databases. ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTE- develop into a biological event of national sig- (2) DATABASE.—The term ‘‘database’’ does not GRATION CENTER. nificance. include telephone directories, news reporting, ‘‘(a) DEFINITIONS.—In this section— ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— information publicly available to any member of ‘‘(1) the term ‘biological event of national sig- ‘‘(1) IN GENERAL.—The Secretary shall— the public without payment of a fee, or data- nificance’ means— ‘‘(A) ensure that the NBIC is fully operational bases of judicial and administrative opinions. ‘‘(A) an act of terrorism that uses a biological not later than September 30, 2008; (c) REPORTS ON DATA MINING ACTIVITIES BY agent, toxin, or other product derived from a bi- ‘‘(B) not later than 180 days after the date of FEDERAL AGENCIES.— ological agent; or enactment of this section and on the date that (1) REQUIREMENT FOR REPORT.—The head of ‘‘(B) a naturally-occurring outbreak of an in- the NBIC is fully operational, submit a report to each department or agency of the Federal Gov- fectious disease that may result in a national the Committee on Homeland Security and Gov- ernment that is engaged in any activity to use epidemic; ernmental Affairs of the Senate and the Com- or develop data mining shall submit a report to ‘‘(2) the term ‘Member Agencies’ means the de- mittee on Homeland Security of the House of Congress on all such activities of the department partments and agencies described in subsection Representatives on the progress of making the or agency under the jurisdiction of that official. (d)(1); NBIC operational addressing the efforts of the The report shall be made available to the public, ‘‘(3) the term ‘NBIC’ means the National Bio- NBIC to integrate surveillance efforts of Fed- except for a classified annex described para- surveillance Integration Center established eral, State, local, and tribal governments. graph (2)(H). under subsection (b); ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OF- (2) CONTENT OF REPORT.—Each report sub- ‘‘(4) the term ‘NBIS’ means the National Bio- FICER OF THE NBIC.— mitted under paragraph (1) shall include, for surveillance Integration System established ‘‘(1) IN GENERAL.—The Directing Officer of the each activity to use or develop data mining, the under subsection (b); and NBIC shall— following information: ‘‘(5) the term ‘Privacy Officer’ means the Pri- ‘‘(A) establish an entity to perform all oper- (A) A thorough description of the data mining vacy Officer appointed under section 222. ations and assessments related to the NBIS; activity, its goals, and, where appropriate, the ‘‘(b) ESTABLISHMENT.—The Secretary shall es- ‘‘(B) on an ongoing basis, monitor the avail- target dates for the deployment of the data min- tablish, operate, and maintain a National Bio- ability and appropriateness of contributing sur- ing activity. surveillance Integration Center, headed by a Di- veillance systems and solicit new surveillance (B) A thorough description of the data mining recting Officer, under an existing office or direc- systems that would enhance biological situa- technology that is being used or will be used, in- torate of the Department, subject to the avail- tional awareness or overall performance of the cluding the basis for determining whether a par- ability of appropriations, to oversee development NBIS;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00088 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4881 ‘‘(C) on an ongoing basis, review and seek to ‘‘(E) provide personnel to the NBIC under an implementation of the global nuclear detection improve the statistical and other analytical interagency personnel agreement and consider architecture; methods utilized by the NBIS; the qualifications of such personnel necessary to ‘‘(ii) examines and evaluates components of ‘‘(D) receive and consider other relevant provide human, animal, and environmental the global nuclear detection architecture (in- homeland security information, as appropriate; data analysis and interpretation support to the cluding associated strategies and acquisition and NBIC. plans) that are related to the operations of that ‘‘(E) provide technical assistance, as appro- ‘‘(h) ADMINISTRATIVE AUTHORITIES.— agency, office, or entity, to determine whether priate, to all Federal, regional, State, local, and ‘‘(1) HIRING OF EXPERTS.—The Directing Offi- such components incorporate and address cur- tribal government entities and private sector en- cer of the NBIC shall hire individuals with the rent threat assessments, scenarios, or intel- tities that contribute data relevant to the oper- necessary expertise to develop and operate the ligence analyses developed by the Director of ation of the NBIS. NBIS. National Intelligence or other agencies regard- ‘‘(2) ASSESSMENTS.—The Directing Officer of ‘‘(2) DETAIL OF PERSONNEL.—Upon the request ing threats related to nuclear or radiological the NBIC shall— of the Directing Officer of the NBIC, the head weapons of mass destruction; and ‘‘(A) on an ongoing basis, evaluate available of any Federal department or agency may de- ‘‘(B) each agency, office, or entity deploying data for evidence of a biological event of na- tail, on a reimbursable basis, any of the per- or operating any technology acquired by the Of- tional significance; and sonnel of that department or agency to the De- fice— ‘‘(B) integrate homeland security information partment to assist the NBIC in carrying out this ‘‘(i) evaluates the deployment and operation with NBIS data to provide overall situational section. of that technology by that agency, office, or en- awareness and determine whether a biological ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP tity; event of national significance has occurred. COUNCIL.—The Directing Officer of the NBIC ‘‘(ii) identifies detection performance defi- ciencies and operational or technical defi- ‘‘(3) INFORMATION SHARING.— shall— ciencies in that technology; and ‘‘(A) IN GENERAL.—The Directing Officer of ‘‘(1) establish an interagency coordination ‘‘(iii) assesses the capacity of that agency, of- the NBIC shall— council to facilitate interagency cooperation fice, or entity to implement the responsibilities ‘‘(i) establish a method of real-time commu- and to advise the Directing Officer of the NBIC of that agency, office, or entity under the global nication with the National Operations Center, regarding recommendations to enhance the bio- nuclear detection architecture. to be known as the Biological Common Oper- surveillance capabilities of the Department; and ‘‘(2) TECHNOLOGY.—Not less frequently than ‘‘(2) invite Member Agencies to serve on such ating Picture; once each year, the Secretary shall examine and council. ‘‘(ii) in the event that a biological event of na- evaluate the development, assessment, and ac- ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS tional significance is detected, notify the Sec- quisition of technology by the Office. AND AGENCIES.—The authority of the Directing retary and disseminate results of NBIS assess- ‘‘(b) ANNUAL REPORT.— ments related to that biological event of na- Officer of the NBIC under this section shall not ‘‘(1) IN GENERAL.—Not later than March 31 of tional significance to appropriate Federal re- affect any authority or responsibility of any each year, the Secretary, in coordination with sponse entities and, in consultation with rel- other department or agency of the Federal Gov- the Attorney General, the Secretary of State, the evant member agencies, regional, State, local, ernment with respect to biosurveillance activi- Secretary of Defense, the Secretary of Energy, and tribal governmental response entities in a ties under any program administered by that de- and the Director of National Intelligence, shall timely manner; partment or agency. submit a report regarding the compliance of ‘‘(iii) provide any report on NBIS assessments ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— such officials with this section and the results of to Member Agencies and, in consultation with There are authorized to be appropriated such the reviews required under subsection (a) to— relevant member agencies, any affected regional, sums as are necessary to carry out this sec- ‘‘(A) the President; State, local, or tribal government, and any pri- tion.’’. ‘‘(B) the Committee on Appropriations, the vate sector entity considered appropriate that (b) CONFORMING AMENDMENT.—The table of Committee on Armed Services, and the Com- may enhance the mission of such Member Agen- contents in section 1(b) of the Homeland Secu- mittee on Homeland Security and Governmental cies, governments, or entities or the ability of rity Act of 2002 (6 U.S.C. 101 et seq.) is amended Affairs of the Senate; and the Nation to respond to biological events of na- by inserting after the item relating to section 315 ‘‘(C) the Committee on Appropriations, the tional significance; and the following: Committee on Armed Services, and the Com- ‘‘(iv) share NBIS incident or situational ‘‘Sec. 316. National Biosurveillance Integration mittee on Homeland Security of the House of awareness reports, and other relevant informa- Center.’’. Representatives. tion, consistent with the information sharing SEC. 602. BIOSURVEILLANCE EFFORTS. ‘‘(2) FORM.—Each report submitted under environment established under section 1016 of The Comptroller General of the United States paragraph (1) shall be submitted in unclassified the Intelligence Reform and Terrorism Preven- shall submit a report to Congress describing— form to the maximum extent practicable, but tion Act of 2004 (6 U.S.C. 485) and any policies, (1) the state of Federal, State, local, and tribal may include a classified annex. ‘‘(c) DEFINITION.—In this section, the term guidelines, procedures, instructions, or stand- government biosurveillance efforts as of the date ‘global nuclear detection architecture’ means ards established by the President or the program of such report; the global nuclear detection architecture devel- manager for the implementation and manage- (2) any duplication of effort at the Federal, oped under section 1902.’’. ment of that environment. State, local, or tribal government level to create (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) COORDINATION.—The Directing Officer of biosurveillance systems; and MENT.—The table of contents in section 1(b) of the NBIC shall implement the activities de- (3) the integration of biosurveillance systems scribed in subparagraph (A) in coordination the Homeland Security Act of 2002 (6 U.S.C. 101 to allow the maximizing of biosurveillance re- note) is amended by inserting after the item re- with the program manager for the information sources and the expertise of Federal, State, sharing environment of the Office of the Direc- lating to section 1906, as added by section 203 of local, and tribal governments to benefit public this Act, the following: tor of National Intelligence, the Under Secretary health. for Intelligence and Analysis, and other offices ‘‘Sec. 1907. Joint annual review of global nu- SEC. 603. INTERAGENCY COORDINATION TO EN- clear detection architecture.’’. or agencies of the Federal Government, as ap- HANCE DEFENSES AGAINST NU- propriate. CLEAR AND RADIOLOGICAL WEAP- TITLE VII—PRIVATE SECTOR ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER ONS OF MASS DESTRUCTION. PREPAREDNESS AGENCIES.— (a) IN GENERAL.—The Homeland Security Act SEC. 701. DEFINITIONS. ‘‘(1) IN GENERAL.—Each Member Agency of 2002 is amended by adding after section 1906, (a) IN GENERAL.—In this title, the term ‘‘vol- shall— as redesignated by section 203 of this Act, the untary national preparedness standards’’ has ‘‘(A) use its best efforts to integrate biosurveil- following: the meaning given that term in section 2 of the lance information into the NBIS, with the goal ‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL Homeland Security Act of 2002 (6 U.S.C. 101), as of promoting information sharing between Fed- NUCLEAR DETECTION ARCHITEC- amended by this Act. eral, State, local, and tribal governments to de- TURE. (b) HOMELAND SECURITY ACT OF 2002.—Sec- tect biological events of national significance; ‘‘(a) ANNUAL REVIEW.— tion 2 of the Homeland Security Act of 2002 (6 ‘‘(B) participate in the formation and mainte- ‘‘(1) IN GENERAL.—The Secretary, the Attor- U.S.C. 101) is amended by adding at the end the nance of the Biological Common Operating Pic- ney General, the Secretary of State, the Sec- following: ture to facilitate timely and accurate detection retary of Defense, the Secretary of Energy, and ‘‘(17) The term ‘voluntary national prepared- and reporting; the Director of National Intelligence shall joint- ness standards’ means a common set of criteria ‘‘(C) connect the biosurveillance data systems ly ensure interagency coordination on the devel- for preparedness, disaster management, emer- of that Member Agency to the NBIC data system opment and implementation of the global nu- gency management, and business continuity under mutually-agreed protocols that maintain clear detection architecture by ensuring that, programs, such as the American National patient confidentiality and privacy; not less frequently than once each year— Standards Institute’s National Fire Protection ‘‘(D) participate in the formation of strategy ‘‘(A) each relevant agency, office, or entity— Association Standard on Disaster/Emergency and policy for the operation of the NBIC and its ‘‘(i) assesses its involvement, support, and Management and Business Continuity Programs information sharing; and participation in the development, revision, and (ANSI/NFPA 1600).’’.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00089 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4882 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 SEC. 702. RESPONSIBILITIES OF THE PRIVATE untary national preparedness standards or mod- ‘‘(D) agree not to have any other conflict of SECTOR OFFICE OF THE DEPART- ify or discontinue the use of voluntary national interest with respect to any private sector entity MENT. preparedness standards for the accreditation for which that third party conducts a certifi- (a) IN GENERAL.—Section 102(f) of the Home- and certification program, as necessary and ap- cation under this section; land Security Act of 2002 (6 U.S.C. 112(f)) is propriate to promote preparedness. ‘‘(E) maintain liability insurance coverage at amended— ‘‘(3) TIERING.—The certification program de- policy limits in accordance with the require- (1) by redesignating paragraphs (8) through veloped under this section may use a multiple- ments developed under paragraph (2); and (10) as paragraphs (9) through (11), respectively; tiered system to rate the preparedness of a pri- ‘‘(F) enter into an agreement with the selected and vate sector entity. entity accrediting that third party to protect (2) by inserting after paragraph (7) the fol- ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec- any proprietary information of a private sector lowing: retary and any selected entity shall establish entity obtained under this section. ‘‘(8) providing information to the private sec- separate classifications and methods of certifi- ‘‘(5) MONITORING.— tor regarding voluntary national preparedness cation for small business concerns (as that term ‘‘(A) IN GENERAL.—The Secretary and any se- standards and the business justification for pre- is defined in section 3 of the Small Business Act lected entity shall regularly monitor and inspect paredness and promoting to the private sector (15 U.S.C. 632)) for the program under this sec- the operations of any third party conducting the adoption of voluntary national preparedness tion. certifications under this section to ensure that standards;’’. ‘‘(5) CONSIDERATIONS.—In developing and im- third party is complying with the procedures (b) PRIVATE SECTOR ADVISORY COUNCILS.— and requirements established under paragraph Section 102(f)(4) of the Homeland Security Act plementing the program under this section, the (2) and all other applicable requirements. of 2002 (6 U.S.C. 112(f)(4)) is amended— Secretary shall— ‘‘(B) REVOCATION.—If the Secretary or any se- (1) in subparagraph (A), by striking ‘‘and’’ at ‘‘(A) consider the needs of the insurance in- lected entity determines that a third party is not the end; dustry, the credit-ratings industry, and other (2) in subparagraph (B), by adding ‘‘and’’ at industries that may consider preparedness of meeting the procedures or requirements estab- the end; and private sector entities, to assess the prepared- lished under paragraph (2), the appropriate se- (3) by adding at the end the following: ness of private sector entities; and lected entity shall— ‘‘(C) advise the Secretary on private sector ‘‘(B) ensure the program accommodates those ‘‘(i) revoke the accreditation of that third preparedness issues, including effective methods needs where appropriate and feasible. party to conduct certifications under this sec- for— ‘‘(c) ACCREDITATION AND CERTIFICATION tion; and ‘‘(i) promoting voluntary national prepared- PROCESSES.— ‘‘(ii) review any certification conducted by ness standards to the private sector; ‘‘(1) AGREEMENT.— that third party, as necessary and appropriate. ‘‘(ii) assisting the private sector in adopting ‘‘(A) IN GENERAL.—Not later than 120 days ‘‘(d) ANNUAL REVIEW.— voluntary national preparedness standards; and after the date of enactment of this section, the ‘‘(1) IN GENERAL.—The Secretary, in consulta- ‘‘(iii) developing and implementing the accred- Secretary shall enter into 1 or more agreements tion with representatives of the organizations itation and certification program under section with the American National Standards Institute that coordinate or facilitate the development of 522;’’. or other similarly qualified nongovernmental or and use of voluntary consensus standards, ap- SEC. 703. VOLUNTARY NATIONAL PREPAREDNESS other private sector entities to carry out accredi- propriate voluntary consensus standards devel- STANDARDS COMPLIANCE; ACCREDI- tations and oversee the certification process opment organizations, and each private sector TATION AND CERTIFICATION PRO- under this section. advisory council created under section 102(f)(4), GRAM FOR THE PRIVATE SECTOR. ‘‘(B) CONTENTS.—Any selected entity shall shall annually review the voluntary accredita- (a) IN GENERAL.—Title V of the Homeland Se- manage the accreditation process and oversee tion and certification program established under curity Act of 2002 (6 U.S.C. 311 et seq.) is amend- the certification process in accordance with the this section to ensure the effectiveness of such ed by adding at the end the following: program established under this section and ac- program and make improvements and adjust- ‘‘SEC. 522. VOLUNTARY NATIONAL PREPARED- credit qualified third parties to carry out the ments to the program as necessary and appro- NESS STANDARDS COMPLIANCE; AC- certification program established under this sec- priate. CREDITATION AND CERTIFICATION tion. ‘‘(2) REVIEW OF STANDARDS.—Each review PROGRAM FOR THE PRIVATE SEC- ‘‘(2) PROCEDURES AND REQUIREMENTS FOR AC- under paragraph (1) shall include an assessment TOR. CREDITATION AND CERTIFICATION.— of the voluntary national preparedness stand- ‘‘(a) ACCREDITATION AND CERTIFICATION PRO- ‘‘(A) IN GENERAL.—The selected entities shall ards used in the program under this section. GRAM.—Not later than 120 days after the date of collaborate to develop procedures and require- ‘‘(e) VOLUNTARY PARTICIPATION.—Certifi- enactment of this section, the Secretary, in con- ments for the accreditation and certification cation under this section shall be voluntary for sultation with representatives of the organiza- processes under this section, in accordance with any private sector entity. tions that coordinate or facilitate the develop- the program established under this section and ‘‘(f) PUBLIC LISTING.—The Secretary shall ment of and use of voluntary consensus stand- guidelines developed under subsection (b)(1)(B). maintain and make public a listing of any pri- ards, appropriate voluntary consensus stand- ‘‘(B) CONTENTS AND USE.—The procedures and vate sector entity certified as being in compli- ards development organizations, and each pri- requirements developed under subparagraph (A) ance with the program established under this vate sector advisory council created under sec- shall— section, if that private sector entity consents to tion 102(f)(4), shall— ‘‘(i) ensure reasonable uniformity in the ac- such listing. ‘‘(1) support the development, promulgating, ‘‘(g) DEFINITION.—In this section, the term and updating, as necessary, of voluntary na- creditation and certification processes if there is more than 1 selected entity; and ‘selected entity’ means any entity entering an tional preparedness standards; and agreement with the Secretary under subsection ‘‘(2) develop, implement, and promote a pro- ‘‘(ii) be used by any selected entity in con- ducting accreditations and overseeing the cer- (c)(1)(A).’’. gram to certify the preparedness of private sec- (b) TECHNICAL AND CONFORMING AMEND- tor entities. tification process under this section. ‘‘(C) DISAGREEMENT.—Any disagreement MENT.—The table of contents in section 1(b) of ‘‘(b) PROGRAM ELEMENTS.— the Homeland Security Act of 2002 (6 U.S.C. 101 ‘‘(1) IN GENERAL.— among selected entities in developing procedures et seq.) is amended by inserting after the item ‘‘(A) PROGRAM.—The program developed and under subparagraph (A) shall be resolved by the relating to section 521 the following: implemented under this section shall assess Secretary. whether a private sector entity complies with ‘‘(3) DESIGNATION.—A selected entity may ac- ‘‘Sec. 522. Voluntary national preparedness voluntary national preparedness standards. credit any qualified third party to carry out the standards compliance; accredita- ‘‘(B) GUIDELINES.—In developing the program certification process under this section. tion and certification program for under this section, the Secretary shall develop ‘‘(4) THIRD PARTIES.—To be accredited under the private sector.’’. guidelines for the accreditation and certification paragraph (3), a third party shall— SEC. 704. SENSE OF CONGRESS REGARDING PRO- processes established under this section. ‘‘(A) demonstrate that the third party has the MOTING AN INTERNATIONAL STAND- ‘‘(2) STANDARDS.—The Secretary, in consulta- ability to certify private sector entities in ac- ARD FOR PRIVATE SECTOR PRE- tion with the American National Standards In- cordance with the procedures and requirements PAREDNESS. stitute and representatives of appropriate vol- developed under paragraph (2); It is the sense of Congress that the Secretary untary consensus standards development orga- ‘‘(B) agree to perform certifications in accord- or any entity designated under section nizations and each private sector advisory coun- ance with such procedures and requirements; 522(c)(1)(A) of the Homeland Security Act of cil created under section 102(f)(4)— ‘‘(C) agree not to have any beneficial interest 2002, as added by this Act, should promote, ‘‘(A) shall adopt appropriate voluntary na- in or any direct or indirect control over— where appropriate, efforts to develop a con- tional preparedness standards that promote pre- ‘‘(i) a private sector entity for which that sistent international standard for private sector paredness, which shall be used in the accredita- third party conducts a certification under this preparedness. tion and certification program under this sec- section; or SEC. 705. REPORT TO CONGRESS. tion; and ‘‘(ii) any organization that provides prepared- Not later than 180 days after the date of en- ‘‘(B) after the adoption of standards under ness consulting services to private sector enti- actment of this Act, the Secretary shall submit subparagraph (A), may adopt additional vol- ties; to the Committee on Homeland Security and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00090 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4883 Governmental Affairs of the Senate and the ‘‘(I) Recommendations for improving and im- tion between the Department of Homeland Secu- Committee on Homeland Security of the House plementing the National Strategy for Transpor- rity and public and private stakeholders. of Representatives a report detailing— tation Security and the transportation modal ‘‘(3) CONTENT OF PLAN.—The Plan shall in- (1) any action taken to implement this title or and intermodal security plans that the Sec- clude— an amendment made by this title; and retary of Homeland Security, in consultation ‘‘(A) a description of how intelligence ana- (2) the status, as of the date of that report, of with the Secretary of Transportation, considers lysts within the Department of Homeland Secu- the implementation of this title and the amend- appropriate. rity will coordinate their activities within the ments made by this title. ‘‘(II) An accounting of all grants for transpor- Department and with other Federal, State, and SEC. 706. RULE OF CONSTRUCTION. tation security, including grants for research local agencies, and tribal governments; Nothing in this title may be construed to and development, distributed by the Secretary of ‘‘(B) an assignment of a single point of con- supercede any preparedness or business con- Homeland Security in the most recently con- tact for and within the Department of Home- tinuity standards or requirements established cluded fiscal year and a description of how such land Security for its sharing of transportation under any other provision of Federal law. grants accomplished the goals of the National security information with public and private TITLE VIII—TRANSPORTATION SECURITY Strategy for Transportation Security. stakeholders; PLANNING AND INFORMATION SHARING ‘‘(III) An accounting of all— ‘‘(C) a demonstration of input on the develop- ‘‘(aa) funds requested in the President’s budg- ment of the Plan from private and public stake- SEC. 801. TRANSPORTATION SECURITY STRA- et submitted pursuant to section 1105 of title 31 TEGIC PLANNING. holders and the program manager of the infor- for the most recently concluded fiscal year for (a) IN GENERAL.—Section 114(t)(1)(B) of title mation sharing environment established under 49, United States Code, is amended to read as transportation security, by mode; and section 1016 of the Intelligence Reform and Ter- ‘‘(bb) personnel working on transportation se- follows: rorism Prevention Act of 2004 (6 U.S.C. 485); ‘‘(B) transportation modal and intermodal se- curity issues, including the number of contrac- ‘‘(D) a reasonable deadline by which the Plan curity plans addressing risks, threats, and tors. will be implemented; and ‘‘(iii) WRITTEN EXPLANATION OF TRANSPOR- vulnerabilities for aviation, bridge, tunnel, com- ‘‘(E) a description of resource needs for ful- TATION SECURITY ACTIVITIES NOT DELINEATED IN muter rail and ferry, highway, maritime, pipe- filling the Plan. THE NATIONAL STRATEGY FOR TRANSPORTATION line, rail, mass transit, over-the-road bus, and ‘‘(4) COORDINATION WITH THE INFORMATION SECURITY.—At the end of each year, the Sec- other public transportation infrastructure as- SHARING ENVIRONMENT.—The Plan shall be— retary of Homeland Security shall submit to the sets.’’. ‘‘(A) implemented in coordination with the appropriate congressional committees a written (b) CONTENTS OF THE NATIONAL STRATEGY FOR program manager for the information sharing explanation of any activity inconsistent with, or TRANSPORTATION SECURITY.—Section 114(t)(3) of environment established under section 1016 of such title is amended— not clearly delineated in, the National Strategy the Intelligence Reform and Terrorism Preven- (1) in subparagraph (B), by inserting ‘‘, based for Transportation Security, including the tion Act of 2004 (6 U.S.C. 485); and on risk assessments conducted by the Secretary amount of funds to be expended for the activ- ‘‘(B) consistent with and support the estab- of Homeland Security,’’ after ‘‘risk based prior- ity.’’; and lishment of that environment, and any policies, ities’’; (2) in subparagraph (E), by striking ‘‘Select’’. guidelines, procedures, instructions, or stand- (d) PRIORITY STATUS.—Section 114(t)(5)(B) of (2) in subparagraph (D)— ards established by the President or the program such title is amended— (A) by striking ‘‘and local’’ and inserting ‘‘, manager for the implementation and manage- (1) in clause (iii), by striking ‘‘and’’ at the local, and tribal’’; and ment of that environment. end; (B) by striking ‘‘private sector cooperation EPORTS TO CONGRESS.— (2) by redesignating clause (iv) as clause (v); ‘‘(5) R and participation’’ and inserting ‘‘cooperation ‘‘(A) IN GENERAL.—Not later than 180 days and participation by private sector entities and and (3) by inserting after clause (iii) the following: after the date of enactment of this subsection, nonprofit employee labor organizations’’; ‘‘(iv) the transportation sector specific plan the Secretary shall submit to the appropriate (3) in subparagraph (E)— congressional committees a report containing (A) by striking ‘‘response’’ and inserting ‘‘pre- required under Homeland Security Presidential Directive-7; and’’. the Plan. vention, response,’’; and ‘‘(B) ANNUAL REPORT.—Not later than 1 year (B) by inserting ‘‘and threatened and exe- (e) COORDINATION AND PLAN DISTRIBUTION.— Section 114(t) of such title is amended by adding after the date of enactment of this subsection, cuted acts of terrorism outside the United States the Secretary shall submit to the appropriate to the extent such acts affect United States at the end the following: ‘‘(6) COORDINATION.—In carrying out the re- congressional committees an annual report on transportation systems’’ before the period at the sponsibilities under this section, the Secretary of updates to and the implementation of the Plan. end; ‘‘(6) SURVEY.— (4) in subparagraph (F), by adding at the end Homeland Security, in consultation with the ‘‘(A) IN GENERAL.—The Secretary shall con- the following: ‘‘Transportation security research Secretary of Transportation, shall consult with Federal, State, and local agencies, tribal govern- duct an annual survey of the satisfaction of and development projects initiated by the Sec- each of the recipients of transportation intel- retary of Homeland Security shall be based on ments, private sector entities (including non- profit employee labor organizations), institu- ligence reports disseminated under the Plan, such prioritization.’’; and and include the results of the survey as part of (5) by adding at the end the following: tions of higher learning, and other appropriate the annual report to be submitted under para- ‘‘(G) Short- and long-term budget rec- entities. graph (5)(B). ommendations for Federal transportation secu- ‘‘(7) PLAN DISTRIBUTION.—The Secretary of ‘‘(B) INFORMATION SOUGHT.—The annual sur- rity programs, which reflect the priorities of the Homeland Security shall provide an unclassified vey conducted under subparagraph (A) shall National Strategy for Transportation Security. version of the National Strategy for Transpor- ‘‘(H) Methods for linking the individual trans- tation Security, including its component trans- seek information about the quality, speed, regu- portation modal security plans and the pro- portation modal security plans, to Federal, larity, and classification of the transportation grams contained therein, and a plan for ad- State, regional, local and tribal authorities, security information products disseminated from dressing the security needs of intermodal trans- transportation system owners or operators, pri- the Department of Homeland Security to public portation hubs. vate sector stakeholders (including non-profit and private stakeholders. ‘‘(I) Transportation security modal and inter- employee labor organizations), institutions of ‘‘(7) SECURITY CLEARANCES.—The Secretary, to modal plans, including operational recovery higher learning, and other appropriate enti- the greatest extent practicable, shall facilitate plans to expedite, to the maximum extent prac- ties.’’. the security clearances needed for public and ticable, the return of an adversely affected SEC. 802. TRANSPORTATION SECURITY INFORMA- private stakeholders to receive and obtain access transportation system to its normal performance TION SHARING. to classified information as appropriate. level preceding a major terrorist attack on that (a) IN GENERAL.—Section 114 of title 49, ‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec- system or another catastrophe. These plans United States Code, is amended by adding at the retary, to the greatest extent practicable, shall shall be coordinated with the resumption of end the following: provide public and private stakeholders with trade protocols required under section 202 of the ‘‘(u) TRANSPORTATION SECURITY INFORMATION specific and actionable information in an un- SAFE Port Act (6 U.S.C. 942).’’. SHARING PLAN.— classified format. (c) PERIODIC PROGRESS REPORTS.—Section ‘‘(1) ESTABLISHMENT OF PLAN.—The Secretary ‘‘(9) DEFINITIONS.—In this subsection: 114(t)(4) of such title is amended— of Homeland Security, in consultation with the ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT- (1) in subparagraph (C)— program manager of the information sharing en- TEES.—The term ‘appropriate congressional com- (A) in clause (i), by inserting ‘‘, including the vironment established under section 1016 of the mittees’ has the meaning given that term in sub- transportation modal security plans’’ before the Intelligence Reform and Terrorism Prevention section (t). period at the end; and Act of 2004 (6 U.S.C. 485), the Secretary of ‘‘(B) PLAN.—The term ‘Plan’ means the (B) by striking clause (ii) and inserting the Transportation, and public and private stake- Transportation Security Information Sharing following: holders, shall establish a Transportation Secu- Plan established under paragraph (1). ‘‘(ii) CONTENT.—Each progress report sub- rity Information Sharing Plan. ‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.— mitted under this subparagraph shall include ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro- The term ‘public and private stakeholders’ the following: mote sharing of transportation security informa- means Federal, State, and local agencies, tribal

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governments, and appropriate private entities, (c) ESTABLISHMENT OF CERTAIN UNIFORMITY ‘‘(J) assisting State, local, or tribal govern- including nonprofit employee labor organiza- REQUIREMENTS.— ments, where appropriate, to preidentify and tions. (1) SYSTEM UNDER SUBSECTION (e)(1).—The evaluate suitable sites where a multijuris- ‘‘(D) SECRETARY.—The term ‘Secretary’ means Secretary shall, with respect to any personnel dictional incident command system can be the Secretary of Homeland Security. management system described in subsection quickly established and operated from, if the ‘‘(E) TRANSPORTATION SECURITY INFORMA- (e)(1), take any measures which may be nec- need for such a system arises; and’’. TION.—The term ‘transportation security infor- essary to provide for the uniform treatment of SEC. 902. CREDENTIALING AND TYPING TO mation’ means information relating to the all TSA employees under such system. STRENGTHEN INCIDENT COMMAND. threats to and vulnerabilities and consequences (2) SYSTEM UNDER SUBSECTION (e)(2).—Section (a) IN GENERAL.—Title V of the Homeland Se- of transportation modes, including aviation, 9701(b) of title 5, United States Code, is amend- curity Act of 2002 (6 U.S.C. 331 et seq.) is amend- bridge and tunnel, mass transit, passenger and ed— ed— freight rail, ferry, highway, maritime, pipeline, (A) in paragraph (4), by striking ‘‘and’’ at the (1) by striking section 510 and inserting the and over-the-road bus transportation.’’. end; following: (b) CONGRESSIONAL OVERSIGHT OF SECURITY (B) in paragraph (5), by striking the period at ‘‘SEC. 510. CREDENTIALING AND TYPING. ASSURANCE FOR PUBLIC AND PRIVATE STAKE- the end and inserting ‘‘; and’’; and ‘‘(a) CREDENTIALING.— HOLDERS.— (C) by adding at the end the following: ‘‘(1) DEFINITIONS.—In this subsection— (1) IN GENERAL.—Except as provided in para- ‘‘(6) provide for the uniform treatment of all ‘‘(A) the term ‘credential’ means to provide graph (2), the Secretary shall provide a semi- TSA employees (as that term is defined in sec- documentation that can authenticate and verify annual report to the Committee on Homeland tion 803 of the Improving America’s Security Act the qualifications and identity of managers of Security and Governmental Affairs and the of 2007).’’. incidents, emergency response providers, and Committee on Commerce, Science, and Transpor- (3) EFFECTIVE DATE.— other appropriate personnel, including by en- tation of the Senate and the Committee on (A) PROVISIONS RELATING TO A SYSTEM UNDER suring that such personnel possess a minimum Homeland Security and the Committee on SUBSECTION (e)(1).—Any measures necessary to common level of training, experience, physical Transportation and Infrastructure of the House carry out paragraph (1) shall take effect 90 days and medical fitness, and capability appropriate of Representatives that— after the date of enactment of this Act. for their position; (A) identifies the job titles and descriptions of (B) PROVISIONS RELATING TO A SYSTEM UNDER ‘‘(B) the term ‘credentialing’ means evalu- the persons with whom such information is to be SUBSECTION (e)(2).—Any measures necessary to ating an individual’s qualifications for a spe- shared under the transportation security infor- carry out the amendments made by paragraph cific position under guidelines created under mation sharing plan established under section (2) shall take effect on the later of 90 days after this subsection and assigning such individual a 114(u) of title 49, United States Code, as added the date of enactment of this Act and the com- qualification under the standards developed by this Act, and explains the reason for sharing mencement date of the system involved. under this subsection; and the information with such persons; (d) REPORT TO CONGRESS.— ‘‘(C) the term ‘credentialed’ means an indi- (B) describes the measures the Secretary has (1) REPORT REQUIRED.—Not later than 6 vidual has been evaluated for a specific position taken, under section 114(u)(7) of that title, or months after the date of enactment of this Act, under the guidelines created under this sub- otherwise, to ensure proper treatment and secu- the Comptroller General of the United States section. rity for any classified information to be shared shall submit to the Committee on Homeland Se- ‘‘(2) REQUIREMENTS.— with the public and private stakeholders under curity and Governmental Affairs of the Senate ‘‘(A) IN GENERAL.—The Administrator shall the plan; and and the Committee on Homeland Security of the enter into a memorandum of understanding (C) explains the reason for the denial of trans- House of Representatives a report on— with the administrators of the Emergency Man- portation security information to any stake- (A) the pay system that applies with respect to agement Assistance Compact, State, local, and holder who had previously received such infor- TSA employees as of the date of enactment of tribal governments, emergency response pro- mation. this Act; and viders, and the organizations that represent (2) NO REPORT REQUIRED IF NO CHANGES IN (B) any changes to such system which would such providers, to collaborate on establishing STAKEHOLDERS.—The Secretary is not required be made under any regulations which have been nationwide standards for credentialing all per- to provide a semiannual report under paragraph prescribed under chapter 97 of title 5, United sonnel who are likely to respond to a natural (1) if no stakeholders have been added to or re- States Code. disaster, act of terrorism, or other man-made moved from the group of persons with whom (2) MATTERS FOR INCLUSION.—The report re- disaster. transportation security information is shared quired under paragraph (1) shall include— ‘‘(B) CONTENTS.—The standards developed under the plan since the end of the period cov- (A) a brief description of each pay system de- under subparagraph (A) shall— ered by the last preceding semiannual report. scribed in paragraphs (1)(A) and (1)(B), respec- ‘‘(i) include the minimum professional quali- SEC. 803. TRANSPORTATION SECURITY ADMINIS- tively; fications, certifications, training, and education TRATION PERSONNEL MANAGE- (B) a comparison of the relative advantages requirements for specific emergency response MENT. and disadvantages of each of those pay systems; functional positions that are applicable to Fed- (a) TSA EMPLOYEE DEFINED.—In this section, and eral, State, local, and tribal government; the term ‘‘TSA employee’’ means an individual (C) such other matters as the Comptroller ‘‘(ii) be compatible with the National Incident who holds— General determines appropriate. Management System; and (1) any position which was transferred (or the (e) PERSONNEL MANAGEMENT SYSTEM DE- ‘‘(iii) be consistent with standards for advance incumbent of which was transferred) from the SCRIBED.—A personnel management system de- registration for health professions volunteers Transportation Security Administration of the scribed in this subsection is— under section 319I of the Public Health Services Department of Transportation to the Depart- (1) any personnel management system, to the Act (42 U.S.C. 247d–7b). ment by section 403 of the Homeland Security extent that it applies with respect to any TSA ‘‘(C) TIMEFRAME.—The Administrator shall Act of 2002 (6 U.S.C. 203); or employees under section 114(n) of title 49, develop standards under subparagraph (A) not (2) any other position within the Department United States Code; and later than 6 months after the date of enactment the duties and responsibilities of which include (2) any human resources management system, of the Improving America’s Security Act of 2007. carrying out 1 or more of the functions that established under chapter 97 of title 5, United ‘‘(3) CREDENTIALING OF DEPARTMENT PER- were transferred from the Transportation Secu- States Code. SONNEL.— rity Administration of the Department of Trans- TITLE IX—INCIDENT COMMAND SYSTEM ‘‘(A) IN GENERAL.—Not later than 1 year after portation to the Secretary by such section. the date of enactment of the Improving Amer- SEC. 901. PREIDENTIFYING AND EVALUATING (b) ELIMINATION OF CERTAIN PERSONNEL MAN- MULTIJURISDICTIONAL FACILITIES ica’s Security Act of 2007, the Secretary and the AGEMENT AUTHORITIES.—Effective 90 days after TO STRENGTHEN INCIDENT COM- Administrator shall ensure that all personnel of the date of enactment of this Act— MAND; PRIVATE SECTOR PREPARED- the Department (including temporary personnel (1) section 111(d) of the Aviation and Trans- NESS. and individuals in the Surge Capacity Force es- portation Security Act (49 U.S.C. 44935 note) is Section 507(c)(2) of the Homeland Security Act tablished under section 624 of the Post-Katrina repealed and any authority of the Secretary de- of 2002 (6 U.S.C. 317(c)(2)) is amended— Emergency Management Reform Act of 2006 (6 rived from such section 111(d) shall terminate; (1) in subparagraph (H), by striking ‘‘and’’ at U.S.C. 711)) who are likely to respond to a nat- (2) any personnel management system, to the the end; ural disaster, act of terrorism, or other man- extent established or modified under such sec- (2) by redesignating subparagraph (I) as sub- made disaster are credentialed. tion 111(d) (including by the Secretary through paragraph (K); and ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—Not the exercise of any authority derived from such (3) by inserting after subparagraph (H) the later than 90 days after completion of the section 111(d)) shall terminate; and following: credentialing under subparagraph (A), the Ad- (3) the Secretary shall ensure that all TSA em- ‘‘(I) coordinating with the private sector to ministrator shall evaluate whether the work- ployees are subject to the same personnel man- help ensure private sector preparedness for nat- force of the Agency complies with the strategic agement system as described in paragraph (1) or ural disasters, acts of terrorism, or other man- human capital plan of the Agency developed (2) of subsection (e). made disasters; under section 10102 of title 5, United States

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Code, and is sufficient to respond to a cata- tion of this subsection, including the number ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- strophic incident. and level of qualification of Federal personnel MENTS.—Not later than 6 months after the date ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE trained and ready to respond to a natural dis- of enactment of the Improving America’s Secu- PLAN.— aster, act of terrorism, or other man-made dis- rity Act of 2007, the Administrator, in collabora- ‘‘(A) DISTRIBUTION OF STANDARDS.—Not later aster. tion with the administrators of the Emergency than 6 months after the date of enactment of the ‘‘(b) TYPING OF RESOURCES.— Management Assistance Compact, State, local, Improving America’s Security Act of 2007, the ‘‘(1) DEFINITIONS.—In this subsection— and tribal governments, emergency response Administrator shall provide the standards devel- ‘‘(A) the term ‘typed’ means an asset or re- providers, and the organizations that represent oped under paragraph (2) to all Federal agen- source that has been evaluated for a specific such providers, shall— cies that have responsibilities under the Na- function under the guidelines created under this ‘‘(A) provide detailed written guidance, assist- tional Response Plan. section; and ance, and expertise to State, local, and tribal ‘‘(B) CREDENTIALING OF AGENCIES.—Not later ‘‘(B) the term ‘typing’ means to define in de- governments to facilitate the typing of the re- than 6 months after the date on which the tail the minimum capabilities of an asset or re- sources and assets of State, local, and tribal standards are provided under subparagraph (A), source. governments likely to be used in responding to a each agency described in subparagraph (A) ‘‘(2) REQUIREMENTS.— natural disaster, act of terrorism, or other man- shall— ‘‘(A) IN GENERAL.—The Administrator shall made disaster; and ‘‘(i) ensure that all employees or volunteers of enter into a memorandum of understanding ‘‘(B) assist State, local, and tribal govern- that agency who are likely to respond to a nat- with the administrators of the Emergency Man- ments with typing resources and assets of State, ural disaster, act of terrorism, or other man- agement Assistance Compact, State, local, and local, or tribal governments under the guidance made disaster are credentialed; and tribal governments, emergency response pro- provided under subparagraph (A). ‘‘(7) REPORT.—Not later than 6 months after ‘‘(ii) submit to the Secretary the name of each viders, and organizations that represent such the date of enactment of the Improving Amer- credentialed employee or volunteer of such providers, to collaborate on establishing nation- ica’s Security Act of 2007, and annually there- agency. wide standards for typing of resources com- after, the Administrator shall submit to the ‘‘(C) LEADERSHIP.—The Administrator shall monly or likely to be used in responding to a Committee on Homeland Security and Govern- provide leadership, guidance, and technical as- natural disaster, act of terrorism, or other man- mental Affairs of the Senate and the Committee sistance to an agency described in subparagraph made disaster. on Homeland Security of the House of Rep- (A) to facilitate the credentialing process of that ‘‘(B) CONTENTS.—The standards developed resentatives a report describing the implementa- agency. under subparagraph (A) shall— tion of this subsection, including the number ‘‘(5) DOCUMENTATION AND DATABASE SYS- ‘‘(i) be applicable to Federal, State, local, and and type of Federal resources and assets ready TEM.— tribal government; and to respond to a natural disaster, act of ter- ‘‘(A) IN GENERAL.—Not later than 1 year after ‘‘(ii) be compatible with the National Incident rorism, or other man-made disaster. the date of enactment of the Improving Amer- Management System. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ica’s Security Act of 2007, the Administrator ‘‘(3) TYPING OF DEPARTMENT RESOURCES AND There are authorized to be appropriated such shall establish and maintain a documentation ASSETS.—Not later than 1 year after the date of sums as necessary to carry out this section.’’; and database system of Federal emergency re- enactment of the Improving America’s Security and sponse providers and all other Federal personnel Act of 2007, the Secretary shall ensure that all (2) by adding after section 522, as added by credentialed to respond to a natural disaster, resources and assets of the Department that are section 703 of this Act, the following: act of terrorism, or other man-made disaster. commonly or likely to be used to respond to a ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRIT- ‘‘(B) ACCESSIBILITY.—The documentation and natural disaster, act of terrorism, or other man- ICAL INFRASTRUCTURE. database system established under subpara- made disaster are typed. ‘‘Not later than 6 months after the date of en- graph (1) shall be accessible to the Federal co- ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE actment of the Improving America’s Security Act ordinating officer and other appropriate offi- PLAN.— of 2007, and in coordination with appropriate cials preparing for or responding to a natural ‘‘(A) DISTRIBUTION OF STANDARDS.—Not later national professional organizations, Federal, disaster, act of terrorism, or other man-made than 6 months after the date of enactment of the State, local, and tribal government agencies, disaster. Improving America’s Security Act of 2007, the and private-sector and nongovernmental enti- ‘‘(C) CONSIDERATIONS.—The Administrator Administrator shall provide the standards devel- ties, the Administrator shall create model stand- shall consider whether the credentialing system oped under paragraph (2) to all Federal agen- ards or guidelines that States may adopt in con- can be used to regulate access to areas affected cies that have responsibilities under the Na- junction with critical infrastructure owners and by a natural disaster, act of terrorism, or other tional Response Plan. operators and their employees to permit access man-made disaster. ‘‘(B) TYPING OF AGENCIES, ASSETS, AND RE- to restricted areas in the event of a natural dis- ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- SOURCES.—Not later than 6 months after the aster, act of terrorism, or other man-made dis- MENTS.—Not later than 6 months after the date date on which the standards are provided under aster.’’. of enactment of the Improving America’s Secu- subparagraph (A), each agency described in (b) TECHNICAL AND CONFORMING AMEND- rity Act of 2007, the Administrator shall— subparagraph (A) shall— MENT.—The table of contents in section 1(b) of ‘‘(A) in collaboration with the administrators ‘‘(i) ensure that all resources and assets (in- the Homeland Security Act of 2002 (6 U.S.C. of the Emergency Management Assistance Com- cluding teams, equipment, and other assets) of 101(b)) is amended by inserting after the item re- pact, State, local, and tribal governments, emer- that agency that are commonly or likely to be lating to section 522, as added by section 703 of gency response providers, and the organizations used to respond to a natural disaster, act of ter- this Act, the following: that represent such providers, provide detailed rorism, or other man-made disaster are typed; ‘‘Sec. 523. Providing secure access to critical in- written guidance, assistance, and expertise to and frastructure.’’. State, local, and tribal governments to facilitate ‘‘(ii) submit to the Secretary a list of all types TITLE X—CRITICAL INFRASTRUCTURE the credentialing of State, local, and tribal resources and assets. PROTECTION emergency response providers commonly or like- ‘‘(C) LEADERSHIP.—The Administrator shall ly to be used in responding to a natural dis- provide leadership, guidance, and technical as- SEC. 1001. CRITICAL INFRASTRUCTURE PROTEC- TION. aster, act of terrorism, or other man-made dis- sistance to an agency described in subparagraph (a) CRITICAL INFRASTRUCTURE LIST.—Not later aster; and (A) to facilitate the typing process of that agen- than 90 days after the date of enactment of this ‘‘(B) in coordination with the administrators cy. Act, and in coordination with other initiatives of the Emergency Management Assistance Com- ‘‘(5) DOCUMENTATION AND DATABASE SYS- of the Secretary relating to critical infrastruc- pact, State, local, and tribal governments, emer- TEM.— ture or key resource protection and partnerships gency response providers (and the organizations ‘‘(A) IN GENERAL.—Not later than 1 year after between the government and private sector, the that represent such providers), and appropriate the date of enactment of the Improving Amer- Secretary shall establish a risk-based prioritized national professional organizations, assist ica’s Security Act of 2007, the Administrator list of critical infrastructure and key resources State, local, and tribal governments with shall establish and maintain a documentation that— credentialing the personnel of the State, local, and database system of Federal resources and (1) includes assets or systems that, if success- or tribal government under the guidance pro- assets commonly or likely to be used to respond fully destroyed or disrupted through a terrorist vided under subparagraph (A). to a natural disaster, act of terrorism, or other attack or natural catastrophe, would cause cat- ‘‘(7) REPORT.—Not later than 6 months after man-made disaster. astrophic national or regional impacts, includ- the date of enactment of the Improving Amer- ‘‘(B) ACCESSIBILITY.—The documentation and ing— ica’s Security Act of 2007, and annually there- database system established under subpara- (A) significant loss of life; after, the Administrator shall submit to the graph (A) shall be accessible to the Federal co- (B) severe economic harm; Committee on Homeland Security and Govern- ordinating officer and other appropriate offi- (C) mass evacuations; or mental Affairs of the Senate and the Committee cials preparing for or responding to a natural (D) loss of a city, region, or sector of the econ- on Homeland Security of the House of Rep- disaster, act of terrorism, or other man-made omy as a result of contamination, destruction, resentatives a report describing the implementa- disaster. or disruption of vital public services; and

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USE OF EXISTING CAPABILITIES. any other committee of Congress with jurisdic- priority lists by sector, including at a minimum Where appropriate, the Secretary shall use the tion over the subject matter to which informa- the sectors named in Homeland Security Presi- National Infrastructure Simulation and Anal- tion in such assessment, report, estimate, legal dential Directive–7 as in effect on January 1, ysis Center to carry out the actions required opinion, or other information relates, make 2006. under this title. available to such committee such assessment, re- (c) MAINTENANCE.—Each list created under TITLE XI—CONGRESSIONAL OVERSIGHT port, estimate, legal opinion, or other informa- this section shall be reviewed and updated on OF INTELLIGENCE tion, as the case may be. an ongoing basis, but at least annually. ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) SEC. 1101. AVAILABILITY TO PUBLIC OF CERTAIN (d) ANNUAL REPORT.— The Director of the National Counterterrorism INTELLIGENCE FUNDING INFORMA- (1) GENERALLY.—Not later than 120 days after TION. Center, the Director of a national intelligence the date of enactment of this Act, and annually (a) AMOUNTS REQUESTED EACH FISCAL center, or the head of any department, agency, thereafter, the Secretary shall submit to the YEAR.—The President shall disclose to the pub- or element of the intelligence community shall Committee on Homeland Security and Govern- lic for each fiscal year after fiscal year 2007 the respond, in the time specified in subsection (a), mental Affairs of the Senate and the Committee aggregate amount of appropriations requested to a request described in that subsection from on Homeland Security of the House of Rep- in the budget of the President for such fiscal the Chairman or Vice Chairman of the Select resentatives a report summarizing— year for the National Intelligence Program. Committee on Intelligence of the Senate or the (A) the criteria used to develop each list cre- (b) AMOUNTS AUTHORIZED AND APPROPRIATED Chairman or Ranking Member of the Permanent ated under this section; EACH FISCAL YEAR.—Congress shall disclose to Select Committee on Intelligence of the House of (B) the methodology used to solicit and verify the public for each fiscal year after fiscal year Representatives. submissions for each list; 2007 the aggregate amount of funds authorized ‘‘(2) Upon making a request covered by para- (C) the name, location, and sector classifica- to be appropriated, and the aggregate amount of graph (1)— tion of assets in each list created under this sec- funds appropriated, by Congress for such fiscal ‘‘(A) the Chairman or Vice Chairman, as the tion; year for the National Intelligence Program. case may be, of the Select Committee on Intel- (D) a description of any additional lists or (c) STUDY ON DISCLOSURE OF ADDITIONAL IN- ligence of the Senate shall notify the other of databases the Department has developed to FORMATION.— the Chairman or Vice Chairman of such request; prioritize critical infrastructure on the basis of (1) IN GENERAL.—The Director of National In- and risk; and telligence shall conduct a study to assess the ad- ‘‘(B) the Chairman or Ranking Member, as (E) how each list developed under this section visability of disclosing to the public amounts as the case may be, of the Permanent Select Com- will be used by the Secretary in program activi- follows: mittee on Intelligence of the House of Represent- ties, including grant making. (A) The aggregate amount of appropriations atives shall notify the other of the Chairman or (2) CLASSIFIED INFORMATION.—The Secretary requested in the budget of the President for each Ranking Member of such request. shall submit with each report under this sub- fiscal year for each element of the intelligence ‘‘(c) ASSERTION OF PRIVILEGE.—In response to section a classified annex containing informa- community. a request covered by subsection (a) or (b), the tion required to be submitted under this sub- (B) The aggregate amount of funds authorized Director of the National Counterterrorism Cen- section that cannot be made public. to be appropriated, and the aggregate amount of ter, the Director of a national intelligence cen- SEC. 1002. RISK ASSESSMENT AND REPORT. funds appropriated, by Congress for each fiscal ter, or the head of any department, agency, or (a) RISK ASSESSMENT.— year for each element of the intelligence commu- element of the intelligence community shall pro- (1) IN GENERAL.—The Secretary, pursuant to nity. vide the document or information covered by the responsibilities under section 202 of the (2) REQUIREMENTS.—The study required by such request unless the President certifies that Homeland Security Act (6 U.S.C. 122), for each paragraph (1) shall— such document or information is not being pro- fiscal year beginning with fiscal year 2007, shall (A) address whether or not the disclosure to vided because the President is asserting a privi- prepare a risk assessment of the critical infra- the public of the information referred to in that lege pursuant to the Constitution of the United structure and key resources of the Nation which paragraph would harm the national security of States. shall— the United States; and ‘‘(d) INDEPENDENT TESTIMONY OF INTEL- (A) be organized by sector, including the crit- (B) take into specific account concerns relat- LIGENCE OFFICIALS.—No officer, department, ical infrastructure sectors named in Homeland ing to the disclosure of such information for agency, or element within the Executive branch Security Presidential Directive–7, as in effect on each element of the intelligence community. shall have any authority to require the head of January 1, 2006; and (3) REPORT.—Not later than 180 days after the any department, agency, or element of the intel- (B) contain any actions or countermeasures date of enactment of this Act, the Director shall ligence community, or any designate of such a proposed, recommended, or directed by the Sec- submit to Congress a report on the study re- head— retary to address security concerns covered in quired by paragraph (1). ‘‘(1) to receive permission to testify before the assessment. (d) DEFINITIONS.—In this section— Congress; or (2) RELIANCE ON OTHER ASSESSMENTS.—In pre- (1) the term ‘‘element of the intelligence com- ‘‘(2) to submit testimony, legislative rec- paring the assessments and reports under this munity’’ means an element of the intelligence ommendations, or comments to any officer or section, the Department may rely on a vulner- community specified in or designated under sec- agency of the Executive branch for approval, ability assessment or risk assessment prepared tion 3(4) of the National Security Act of 1947 (50 comments, or review prior to the submission of by another Federal agency that the Department U.S.C. 401a(4)); and such recommendations, testimony, or comments determines is prepared in coordination with (2) the term ‘‘National Intelligence Program’’ to Congress if such testimony, legislative rec- other initiatives of the Department relating to has the meaning given that term in section 3(6) ommendations, or comments include a statement critical infrastructure or key resource protection of the National Security Act of 1947 (50 U.S.C. indicating that the views expressed therein are and partnerships between the government and 401a(6)). those of the head of the department, agency, or private sector, if the Department certifies in the SEC. 1102. RESPONSE OF INTELLIGENCE COMMU- element of the intelligence community that is applicable report submitted under subsection (b) NITY TO REQUESTS FROM CON- making the submission and do not necessarily that the Department— GRESS. represent the views of the Administration.’’. (A) reviewed the methodology and analysis of (a) RESPONSE OF INTELLIGENCE COMMUNITY TO (b) DISCLOSURES OF CERTAIN INFORMATION TO the assessment upon which the Department re- REQUESTS FROM CONGRESS FOR INTELLIGENCE CONGRESS.—Title V of the National Security Act lied; and DOCUMENTS AND INFORMATION.—Title V of the of 1947 (50 U.S.C. 413 et seq.), as amended by (B) determined that assessment is reliable. National Security Act of 1947 (50 U.S.C. 413 et subsection (a), is amended by adding at the end (b) REPORT.— seq.) is amended by adding at the end the fol- the following new section: (1) IN GENERAL.—Not later than 6 months lowing new section: ‘‘DISCLOSURES TO CONGRESS after the last day of fiscal year 2007 and for ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO RE- ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CER- each year thereafter, the Secretary shall submit QUESTS FROM CONGRESS FOR INTELLIGENCE TAIN INFORMATION.—An employee of a covered to the Committee on Homeland Security and DOCUMENTS AND INFORMATION agency or an employee of a contractor carrying Governmental Affairs of the Senate and the ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— out activities pursuant to a contract with a cov- Committee on Homeland Security of the House The Director of the National Counterterrorism ered agency may disclose covered information to of Representatives a report containing a sum- Center, the Director of a national intelligence an authorized individual without first reporting

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such information to the appropriate Inspector TITLE XII—INTERNATIONAL COOPERA- ‘‘(3) RESPONSIBILITIES.— General. TION ON ANTITERRORISM TECH- ‘‘(A) DEVELOPMENT OF MECHANISMS.—The Di- ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this sec- NOLOGIES rector shall be responsible for developing, in co- tion, the term ‘authorized individual’ means— SEC. 1201. PROMOTING ANTITERRORISM CAPA- ordination with the Department of State, the ‘‘(A) a Member of the Senate or the House of BILITIES THROUGH INTERNATIONAL Department of Defense, the Department of En- Representatives who is authorized to receive in- COOPERATION. ergy, and other Federal agencies, mechanisms formation of the type disclosed; or (a) FINDINGS.—The Congress finds the fol- and legal frameworks to allow and to support ‘‘(B) an employee of the Senate or the House lowing: international cooperative activity in support of of Representatives who— (1) The development and implementation of homeland security research. ‘‘(i) has an appropriate security clearance; technology is critical to combating terrorism and ‘‘(B) PRIORITIES.—The Director shall be re- and other high consequence events and imple- sponsible for developing, in coordination with ‘‘(ii) is authorized to receive information of menting a comprehensive homeland security the Directorate of Science and Technology, the the type disclosed. strategy. other components of the Department (including ‘‘(2) An authorized individual described in (2) The United States and its allies in the the Office of the Assistant Secretary for Inter- paragraph (1) to whom covered information is global war on terrorism share a common interest national Affairs, Policy Directorate), the De- disclosed under the authority in subsection (a) in facilitating research, development, testing, partment of State, the Department of Defense, shall be presumed to have a need to know such and evaluation of equipment, capabilities, tech- the Department of Energy, and other Federal covered information. nologies, and services that will aid in detecting, agencies, strategic priorities for international ‘‘(c) COVERED AGENCY AND COVERED INFOR- preventing, responding to, recovering from, and cooperative activity. MATION DEFINED.—In this section: mitigating against acts of terrorism. ‘‘(C) ACTIVITIES.—The Director shall facilitate ‘‘(1) The term ‘covered agency’ means— (3) Certain United States allies in the global the planning, development, and implementation ‘‘(A) any department, agency, or element of war on terrorism, including Israel, the United of international cooperative activity to address the intelligence community; Kingdom, Canada, Australia, and Singapore the strategic priorities developed under subpara- ‘‘(B) a national intelligence center; and have extensive experience with, and techno- graph (B) through mechanisms the Under Sec- ‘‘(C) any other Executive agency, or element logical expertise in, homeland security. retary considers appropriate, including grants, or unit thereof, determined by the President (4) The United States and certain of its allies cooperative agreements, or contracts to or with under section 2302(a)(2)(C)(ii) of title 5, United in the global war on terrorism have a history of foreign public or private entities, governmental States Code, to have as its principal function successful collaboration in developing mutually organizations, businesses, federally funded re- the conduct of foreign intelligence or counter- beneficial equipment, capabilities, technologies, search and development centers, and univer- intelligence activities. and services in the areas of defense, agriculture, sities. ‘‘(2) The term ‘covered information’— and telecommunications. ‘‘(A) means information, including classified ‘‘(D) IDENTIFICATION OF PARTNERS.—The Di- (5) The United States and its allies in the rector shall facilitate the matching of United information, that an employee referred to in global war on terrorism will mutually benefit subsection (a) reasonably believes provides di- States entities engaged in homeland security re- from the sharing of technological expertise to search with non-United States entities engaged rect and specific evidence of a false or inac- combat domestic and international terrorism. curate statement— in homeland security research so that they may (6) The establishment of an office to facilitate partner in homeland security research activities. ‘‘(i) made to Congress; or and support cooperative endeavors between and ‘‘(ii) contained in any intelligence assessment, ‘‘(4) COORDINATION.—The Director shall en- among government agencies, for-profit business report, or estimate; and sure that the activities under this subsection are entities, academic institutions, and nonprofit ‘‘(B) does not include information the disclo- coordinated with the Office of International Af- entities of the United States and its allies will sure of which is prohibited by rule 6(e) of the fairs and the Department of State, the Depart- safeguard lives and property worldwide against Federal Rules of Criminal Procedure. ment of Defense, the Department of Energy, and acts of terrorism and other high consequence ‘‘(d) CONSTRUCTION WITH OTHER REPORTING other relevant Federal agencies or interagency events. REQUIREMENTS.—Nothing in this section may be bodies. The Director may enter into joint activi- (b) PROMOTING ANTITERRORISM THROUGH construed to modify, alter, or otherwise affect— ties with other Federal agencies. INTERNATIONAL COOPERATION ACT.— ‘‘(1) any reporting requirement relating to in- ‘‘(c) MATCHING FUNDING.— (1) IN GENERAL.—The Homeland Security Act telligence activities that arises under this Act or ‘‘(1) IN GENERAL.— of 2002 is amended by inserting after section 316, any other provision of law; or ‘‘(A) EQUITABILITY.—The Director shall en- as added by section 601 of this Act, the fol- ‘‘(2) the right of any employee of the United sure that funding and resources expended in lowing: States to disclose information to Congress, in ac- international cooperative activity will be equi- cordance with applicable law, information other ‘‘SEC. 317. PROMOTING ANTITERRORISM tably matched by the foreign partner govern- than covered information.’’. THROUGH INTERNATIONAL CO- ment or other entity through direct funding, OPERATION PROGRAM. (c) CLERICAL AMENDMENT.—The table of con- funding of complementary activities, or through ‘‘(a) DEFINITIONS.—In this section: tents in the first section of that Act is amended the provision of staff, facilities, material, or ‘‘(1) DIRECTOR.—The term ‘Director’ means by inserting after the item relating to section 507 equipment. the Director selected under subsection (b)(2). the following new items: ‘‘(B) GRANT MATCHING AND REPAYMENT.— ‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.— ‘‘(i) IN GENERAL.—The Secretary may require ‘‘Sec. 508. Response of intelligence community The term ‘international cooperative activity’ in- a recipient of a grant under this section— to requests from Congress for in- cludes— telligence documents and informa- ‘‘(A) coordinated research projects, joint re- ‘‘(I) to make a matching contribution of not tion. search projects, or joint ventures; more than 50 percent of the total cost of the pro- ‘‘Sec. 509. Disclosures to Congress.’’. ‘‘(B) joint studies or technical demonstrations; posed project for which the grant is awarded; SEC. 1103. PUBLIC INTEREST DECLASSIFICATION ‘‘(C) coordinated field exercises, scientific sem- and BOARD. inars, conferences, symposia, and workshops; ‘‘(II) to repay to the Secretary the amount of The Public Interest Declassification Act of ‘‘(D) training of scientists and engineers; the grant (or a portion thereof), interest on such 2000 (50 U.S.C. 435 note) is amended— ‘‘(E) visits and exchanges of scientists, engi- amount at an appropriate rate, and such (1) in section 704(e)— neers, or other appropriate personnel; charges for administration of the grant as the (A) by striking ‘‘If requested’’ and inserting ‘‘(F) exchanges or sharing of scientific and Secretary determines appropriate. the following: technological information; and ‘‘(ii) MAXIMUM AMOUNT.—The Secretary may ‘‘(1) IN GENERAL.—If requested’’; and ‘‘(G) joint use of laboratory facilities and not require that repayment under clause (i)(II) (B) by adding at the end the following: equipment. be more than 150 percent of the amount of the ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SE- grant, adjusted for inflation on the basis of the congressional request described in section CURITY INTERNATIONAL COOPERATIVE PROGRAMS Consumer Price Index. 703(b)(5), the Board may conduct the review and OFFICE.— ‘‘(2) FOREIGN PARTNERS.—Partners may in- make the recommendations described in that ‘‘(1) ESTABLISHMENT.—The Under Secretary clude Israel, the United Kingdom, Canada, Aus- section, regardless of whether such a review is shall establish the Science and Technology tralia, Singapore, and other allies in the global requested by the President. Homeland Security International Cooperative war on terrorism, as determined by the Sec- ‘‘(3) REPORTING.—Any recommendations sub- Programs Office. retary of State. mitted to the President by the Board under sec- ‘‘(2) DIRECTOR.—The Office shall be headed ‘‘(d) FUNDING.—Funding for all activities tion 703(b)(5), shall be submitted to the chair- by a Director, who— under this section shall be paid from discre- man and ranking member of the committee of ‘‘(A) shall be selected (in consultation with tionary funds appropriated to the Department. Congress that made the request relating to such the Assistant Secretary for International Af- ‘‘(e) FOREIGN REIMBURSEMENTS.—If the recommendations.’’; and fairs, Policy Directorate) by and shall report to Science and Technology Homeland Security (2) in section 710(b), by striking ‘‘8 years after the Under Secretary; and International Cooperative Programs Office par- the date of the enactment of this Act’’ and in- ‘‘(B) may be an officer of the Department ticipates in an international cooperative activity serting ‘‘on December 31, 2012’’. serving in another position. with a foreign partner on a cost-sharing basis,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00095 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4888 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 any reimbursements or contributions received as the Chief Management Officer and principal subsection (c) of section 701 of the Homeland Se- from that foreign partner to meet the share of advisor to the Secretary on matters related to curity Act of 2002 (6 U.S.C. 341), as added by that foreign partner of the project may be cred- the management of the Department, including this Act; and ited to appropriate appropriations accounts of management integration and transformation in (2) may be appointed Deputy Secretary of the Directorate of Science and Technology.’’. support of homeland security operations and Homeland Security for Management, if such ap- (2) TECHNICAL AND CONFORMING AMEND- programs.’’ before ‘‘The Secretary’’; pointment is otherwise in accordance with sec- MENT.—The table of contents in section 1(b) of (B) by striking ‘‘Under Secretary for Manage- tions 103 and 701 of the Homeland Security Act the Homeland Security Act of 2002 (6 U.S.C. 101 ment’’ and inserting ‘‘Deputy Secretary of of 2002 (6 U.S.C. 113 and 341), as amended by et seq.) is amended by adding after the item re- Homeland Security for Management’’; this Act. lating to section 316, as added by section 601 of (C) by striking paragraph (7) and inserting (e) REFERENCES.—References in any other this Act, the following: the following: Federal law, Executive order, rule, regulation, ‘‘Sec. 317. Promoting antiterrorism through ‘‘(7) Strategic planning and annual perform- or delegation of authority, or any document of international cooperation pro- ance planning and identification and tracking or relating to the Under Secretary for Manage- gram.’’. of performance measures relating to the respon- ment of the Department of Homeland Security SEC. 1202. TRANSPARENCY OF FUNDS. sibilities of the Department.’’; and shall be deemed to refer to the Deputy Secretary For each Federal award (as that term is de- (D) by striking paragraph (9), and inserting of Homeland Security for Management. fined in section 2 of the Federal Funding Ac- the following: (f) TECHNICAL AND CONFORMING AMEND- countability and Transparency Act of 2006 (31 ‘‘(9) The integration and transformation proc- MENTS.— U.S.C. 6101 note)) under this title or an amend- ess, to ensure an efficient and orderly consolida- (1) OTHER REFERENCE.—Section 702(a) of the ment made by this title, the Director of the Of- tion of functions and personnel to the Depart- Homeland Security Act of 2002 (6 U.S.C. 342(a)) fice of Management and Budget shall ensure ment, including the development of a manage- is amended by striking ‘‘Under Secretary for full and timely compliance with the require- ment integration strategy for the Department.’’; Management’’ and inserting ‘‘Deputy Secretary ments of the Federal Funding Accountability and of Homeland Security for Management’’. and Transparency Act of 2006 (31 U.S.C. 6101 (3) in subsection (b)— (2) TABLE OF CONTENTS.—The table of con- note). (A) in paragraph (1), by striking ‘‘Under Sec- tents in section 1(b) of the Homeland Security retary for Management’’ and inserting ‘‘Deputy Act of 2002 (6 U.S.C. 101(b)) is amended by strik- TITLE XIII—MISCELLANEOUS PROVISIONS Secretary of Homeland Security for Manage- ing the item relating to section 701 and inserting SEC. 1301. DEPUTY SECRETARY OF HOMELAND ment’’; and the following: SECRETARY FOR MANAGEMENT. (B) in paragraph (2), by striking ‘‘Under Sec- ‘‘Sec. 701. Deputy Secretary of Homeland Secu- (a) ESTABLISHMENT AND SUCCESSION.—Section retary for Management’’ and inserting ‘‘Deputy rity for Management.’’. 103 of the Homeland Security Act of 2002 (6 Secretary of Homeland Security for Manage- U.S.C. 113) is amended— (3) EXECUTIVE SCHEDULE.—Section 5313 of title ment’’. 5, United States Code, is amended by inserting (1) in subsection (a)— (c) APPOINTMENT, EVALUATION, AND RE- (A) in the subsection heading, by striking after the item relating to the Deputy Secretary APPOINTMENT.—Section 701 of the Homeland Se- ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY of Homeland Security the following: curity Act of 2002 (6 U.S.C. 341) is amended by ‘‘Deputy Secretary of Homeland Security for SECRETARIES’’; adding at the end the following: (B) by striking paragraph (6); Management.’’. ‘‘(c) APPOINTMENT, EVALUATION, AND RE- (C) by redesignating paragraphs (2) through SEC. 1302. SENSE OF THE SENATE REGARDING APPOINTMENT.—The Deputy Secretary of Home- (5) as paragraphs (3) through (6), respectively; COMBATING DOMESTIC RADICALIZA- land Security for Management— and TION. ‘‘(1) shall be appointed by the President, by (D) by striking paragraph (1) and inserting (a) FINDINGS.—The Senate finds the following: and with the advice and consent of the Senate, the following: (1) The United States is engaged in a struggle from among persons who have— ‘‘(1) A Deputy Secretary of Homeland Secu- against a transnational terrorist movement of ‘‘(A) extensive executive level leadership and rity. radical extremists seeking to exploit the religion ‘‘(2) A Deputy Secretary of Homeland Security management experience in the public or private of Islam through violent means to achieve ideo- for Management.’’; and sector; logical ends. (2) by adding at the end the following: ‘‘(B) strong leadership skills; (2) The radical jihadist movement transcends ‘‘(g) VACANCIES.— ‘‘(C) a demonstrated ability to manage large borders and has been identified as a potential ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— and complex organizations; and threat within the United States. ‘‘(A) DEPUTY SECRETARY.—In case of a va- ‘‘(D) a proven record in achieving positive (3) Radicalization has been identified as a cancy in the office of the Secretary, or of the operational results; precursor to terrorism. absence or disability of the Secretary, the Dep- ‘‘(2) shall— (4) Countering the threat of violent extremists uty Secretary of Homeland Security may exer- ‘‘(A) serve for a term of 5 years; and domestically, as well as internationally, is a cise all the duties of that office, and for the pur- ‘‘(B) be subject to removal by the President if critical element of the plan of the United States pose of section 3345 of title 5, United States the President— for success in the war on terror. Code, the Deputy Secretary of Homeland Secu- ‘‘(i) finds that the performance of the Deputy (5) United States law enforcement agencies rity is the first assistant to the Secretary. Secretary of Homeland Security for Manage- have identified radicalization as an emerging ‘‘(B) DEPUTY SECRETARY FOR MANAGEMENT.— ment is unsatisfactory; and threat and have in recent years identified cases When by reason of absence, disability, or va- ‘‘(ii) communicates the reasons for removing of ‘‘homegrown’’ extremists operating inside the cancy in office, neither the Secretary nor the the Deputy Secretary of Homeland Security for United States with the intent to provide support Deputy Secretary of Homeland Security is avail- Management to Congress before such removal; for, or directly commit, a terrorist attack. able to exercise the duties of the office of the ‘‘(3) may be reappointed in accordance with (6) The alienation of Muslim populations in Secretary, the Deputy Secretary of Homeland paragraph (1), if the Secretary has made a satis- the Western world has been identified as a fac- Security for Management shall act as Secretary. factory determination under paragraph (5) for tor in the spread of radicalization. ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- the 3 most recent performance years; (7) Radicalization cannot be prevented solely RETARY.—In the case of a vacancy in the office ‘‘(4) shall enter into an annual performance through law enforcement and intelligence meas- of the Deputy Secretary of Homeland Security, agreement with the Secretary that shall set ures. or of the absence or disability of the Deputy forth measurable individual and organizational (b) SENSE OF SENATE.—It is the sense of the Secretary of Homeland Security, the Deputy goals; and Senate that the Secretary, in consultation with Secretary of Homeland Security for Manage- ‘‘(5) shall be subject to an annual perform- other relevant Federal agencies, should make a ment may exercise all the duties of that office. ance evaluation by the Secretary, who shall de- priority of countering domestic radicalization ‘‘(3) FURTHER ORDER OF SUCCESSION.—The termine as part of each such evaluation whether and extremism by— Secretary may designate such other officers of the Deputy Secretary of Homeland Security for (1) using intelligence analysts and other ex- the Department in further order of succession to Management has made satisfactory progress to- perts to better understand the process of act as Secretary.’’. ward achieving the goals set out in the perform- radicalization from sympathizer to activist to (b) RESPONSIBILITIES.—Section 701 of the ance agreement required under paragraph (4).’’. terrorist; Homeland Security Act of 2002 (6 U.S.C. 341) is (d) INCUMBENT.—The individual who serves in (2) recruiting employees with diverse amended— the position of Under Secretary for Management worldviews, skills, languages, and cultural (1) in the section heading, by striking of the Department of Homeland Security on the backgrounds and expertise; ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- date of enactment of this Act— (3) consulting with experts to ensure that the UTY SECRETARY OF HOMELAND SECU- (1) may perform all the duties of the Deputy lexicon used within public statements is precise RITY’’; Secretary of Homeland Security for Manage- and appropriate and does not aid extremists by (2) in subsection (a)— ment at the pleasure of the President, until a offending the American Muslim community; (A) by inserting ‘‘The Deputy Secretary of Deputy Secretary of Homeland Security for (4) developing and implementing, in concert Homeland Security for Management shall serve Management is appointed in accordance with with the Attorney General and State and local

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00096 Fmt 0686 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4889 corrections officials, a program to address pris- The majority leader is recognized. ments on this side, and we are prepared oner radicalization and post-sentence reintegra- AMENDMENT NO. 275 to offer them in the next few hours. I tion; believe the first amendment is going to (5) pursuing broader avenues of dialogue with Mr. REID. Mr. President, I send a the Muslim community to foster mutual respect, substitute amendment to the desk. come from the Democratic side. Sen- understanding, and trust; and The PRESIDING OFFICER. The ator COLLINS is either here or on her (6) working directly with State, local, and clerk will report. way, and she is certainly going to man- community leaders to— The assistant legislative clerk read age the bill on our side, but then we (A) educate these leaders on the threat of as follows: will follow the Democratic amendment radicalization and the necessity of taking pre- The Senator from Nevada [Mr. REID], for with an amendment on our side. ventative action at the local level; and himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. I also want to remind everyone that (B) facilitate the sharing of best practices INOUYE, and Mr. DODD, proposes an amend- from other countries and communities to encour- at 2 p.m. this afternoon the Transpor- ment numbered 275. age outreach to the American Muslim commu- tation Security Administration will nity and develop partnerships between all Mr. REID. Mr. President, I ask unan- hold an all-Members briefing related to faiths, including Islam. imous consent that the reading of the the provisions of S. 4, the bill we are SEC. 1303. SENSE OF THE SENATE REGARDING amendment be dispensed with. now discussing, which will be pending OVERSIGHT OF HOMELAND SECU- The PRESIDING OFFICER. Without today. A notice was sent to all offices, RITY. objection, it is so ordered. and Senators should be made aware (a) FINDINGS.—The Senate finds the following: (1) The Senate recognizes the importance and (The amendment is printed in today’s that this briefing will be held in S407 of need to implement the recommendations offered RECORD under ‘‘Text of Amendments.’’) the Capitol. by the National Commission on Terrorist At- Mr. REID. Mr. President, the sub- Mr. REID. Mr. President, I would tacks Upon the United States (in this section re- stitute I have just offered encompasses also say this: We are going to alternate ferred to as the ‘‘Commission’’). the provisions of S. 4, also legislation back and forth. If there is not a Demo- (2) Congress considered and passed the Na- on surface transportation security, crat here, a Republican will offer two tional Security Intelligence Reform Act of 2004 aviation security, and rail security amendments in a row, and vice versa. (Public Law 108–458; 118 Stat. 3643) to imple- from the Commerce Committee, as well ment the recommendations of the Commission. In other words, we need expedition. (3) Representatives of the Department testified as transit security legislation from the There are a number of amendments, at 165 Congressional hearings in calendar year Banking Committee. and we are not going to wait while 2004, and 166 Congressional hearings in cal- As I said yesterday, I deeply appre- somebody is coming from their office endar year 2005. ciate, as does the distinguished Repub- to offer an amendment. If somebody is (4) The Department had 268 representatives lican leader, the work done by the two here ahead of someone, then they will testify before 15 committees and 35 subcommit- committee managers. Senator LIEBER- proceed. tees of the House of Representatives and 9 com- MAN and Senator COLLINS have worked mittees and 12 subcommittees of the Senate at Our first amendment, if she is here 206 congressional hearings in calendar year together for a number of years, and on time, will be from Senator FEIN- 2006. they work well together. This is an ex- STEIN; otherwise, Senator COLLINS, I (5) The Senate has been unwilling to reform tremely important piece of legislation, understand, has an amendment. itself in accordance with the recommendation of and so we ask Members if there is Mr. LIEBERMAN. Mr. President, the Commission to provide better and more something about the bill that has just while the two leaders are here, I want streamlined oversight of the Department. been laid down that they don’t like, to thank Senator REID for designating (b) SENSE OF SENATE.—It is the sense of the Senate that the Senate should implement the they should come and try to change it this urgent legislation which would im- recommendation of the Commission to ‘‘create a and not wait around because they will plement the previously unimplemented single, principal point of oversight and review be disappointed. We have to move or inadequately implemented rec- for homeland security.’’. through this bill. ommendations of the 9/11 Commission. SEC. 1304. REPORT REGARDING BORDER SECU- We have been told there are a number I also thank Senator MCCONNELL, the RITY. of amendments people have to offer, Republican leader, for his cooperation (a) IN GENERAL.—Not later than 180 days and we want them to do that. I asked and consent to moving this forward after the date of enactment of this Act, the Sec- the Democratic manager, Chairman quickly on the Senate floor. retary shall submit a report to Congress regard- LIEBERMAN, if people offer amend- This bipartisan cooperation, obvi- ing ongoing initiatives of the Department to im- prove security along the northern border of the ments, to have a reasonable debate. We ously, is justified by the subject mat- United States. are not going to mess around here for a ter, homeland security, and in that re- (b) CONTENTS.—The report submitted under long time. With appropriate debate, gard I want to thank, again, Senator subsection (a) shall— Senator LIEBERMAN is going to move to COLLINS. We switched titles in this ses- (1) address the vulnerabilities along the north- table if it is something we don’t like, sion of Congress, but as I said to her ern border of the United States; and and I think it is important that Mem- when that happened, nothing else will (2) provide recommendations to address such vulnerabilities, including required resources bers know that. change but our titles. She has been a needed to protect the northern border of the I have been told there are a lot of wonderful partner and coworker on United States. amendments on both sides. It is our this measure once again, and it is in (c) GOVERNMENT ACCOUNTABILITY OFFICE.— goal to finish this legislation as soon that spirit that we invite amendments, Not later than 270 days after the date of the as we can next week. That is going to as Senator REID said, from our col- submission of the report under subsection (a), be difficult. We could have some late leagues who may think that, as good as the Comptroller General of the United States nights, and as I indicated this morning, the bill is, it could be better, and we shall submit a report to Congress that— (1) reviews and comments on the report under we might have to work into Friday urge them to come forward quickly. subsection (a); and sometime. Monday night, I hope we can In our committee, only one amend- (2) provides recommendations regarding any stack votes so that we have a number ment was divided on a party-line vote. additional actions necessary to protect the of votes. As I have indicated, we will The rest were totally nonpartisan, and northern border of the United States. not have votes starting before 5:30, but I hope that is generally the way things Mr. LIEBERMAN. Mr. President, I hope we can have a number of votes will go on the Senate floor as we con- with the authority of the Homeland Se- at 5:30 so we can dispose of them that sider the amendments brought forth. curity and the Governmental Affairs night. Yesterday, to expedite matters, Sen- Committee—that is, the consent of a This is what we do. We are legis- ator COLLINS and I both made our open- majority of the Members—I now with- lating now, and I look forward to a ing statements, so we do not have draw the committee-reported sub- good piece of legislation when we fin- those opening statements now. There- stitute amendment. ish. fore, we look forward to the Senator The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Mr. President, let from California coming to the floor as ator has that right. The amendment is me echo the remarks of the majority soon as she can to offer an amendment, withdrawn. leader. We have a number of amend- which I note will concern visa waiver

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sections of the measure. Senator COL- gram country, and the Secretary of Home- The Visa Waiver Program provides LINS has another amendment which we land Security and the Secretary of State ex- an extraordinary exception to our im- will go to if Senator FEINSTEIN does pect such cooperation will continue; and migration laws. It allows the citizens not come soon. ‘‘(v)(I) if the rate of refusals for non- of 27 nations to visit this country by immigrant visitor visas for nationals of the I thank the Chair and, for the mo- country during the previous full fiscal year merely showing up on the day of depar- ment, I suggest the absence of a was not more than 10 percent; or ture with a passport from their home quorum. ‘‘(II) if the visa overstay rate for the coun- country. In 2004, the State Department The PRESIDING OFFICER. The try for the previous full fiscal year does not reported that 15.6 million people came clerk will call the roll. exceed the maximum visa overstay rate, to this country as part of this program. The assistant legislative clerk pro- once it is established under subparagraph I am told that in 2005, unofficially, the ceeded to call the roll. (C). number was at least 15.5 million and in Mr. LIEBERMAN. Mr. President, I ‘‘(C) MAXIMUM VISA OVERSTAY RATE.— 2006, the number was at least 15.6 mil- ‘‘(i) REQUIREMENT TO ESTABLISH.—After ask unanimous consent that the order certification by the Secretary under sub- lion. for the quorum call be rescinded. paragraph (A), the Secretary of Homeland We have no way of knowing how The PRESIDING OFFICER. Without Security and the Secretary of State jointly many left because we do not have an objection, it is so ordered. shall use information from the air exit sys- exit system. AMENDMENT NO. 271 TO AMENDMENT NO. 275 tem referred to in subparagraph (A) to estab- The bill on the floor today changes Mr. LIEBERMAN. Mr. President, on lish a maximum visa overstay rate for coun- the Visa Waiver Program in a number behalf of the Senator from California, tries participating in the program pursuant of key ways. to a waiver under subparagraph (B). Mrs. FEINSTEIN, I call up amendment First, it adds some good security ‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this measures, such as the expedited report- No. 271. paragraph the term ‘visa overstay rate’ The PRESIDING OFFICER. The means, with respect to a country, the ratio ing of lost and stolen travel docu- clerk will report. of— ments; and the exchange of informa- The assistant legislative clerk read ‘‘(I) the total number of nationals of that tion on terrorist watchlist. It also au- as follows: country who were admitted to the United thorizes the Department of Homeland States on the basis of a nonimmigrant vis- Security to develop an electronic trav- The Senator from Connecticut [Mr. LIE- itor visa for which the period of stay author- BERMAN], for Mrs. FEINSTEIN, proposes an el authorization program so that all ized by such visa ended during a fiscal year amendment numbered 271 to amendment No. persons entering the U.S. will have to and who remained in the United States un- 275. apply for clearance to enter the U.S. in lawfully beyond the such period of stay; to Mr. LIEBERMAN. I ask unanimous ‘‘(II) the total number of nationals of that advance of their trip. And it requires consent that the reading of the amend- country who were admitted to the United the Department of Homeland Security ment be dispensed with. States on the basis of a nonimmigrant vis- to develop a system to track all the The PRESIDING OFFICER. Without itor visa for which the period of stay author- foreign visitors who leave the U.S. via objection, it is so ordered. ized by such visa ended during such fiscal our airports—but not our seaports or The amendment is as follows: year. land ports. This has been an unmet ‘‘(iii) REPORT AND PUBLICATION.—Secretary (Purpose: To prohibit a foreign country with goal, however, year after year. of Homeland Security shall submit to Con- I welcome and support the enhanced a visa refusal rate of more than 10 percent gress and publish in the Federal Register a or that exceeds the maximum visa over- notice of the maximum visa overstay rate security measures included in the bill. stay rate from participating in the visa proposed to be established under clause (i). They are long overdue. waiver program) Not less than 60 days after the date such no- Second—and here is the problem—the Strike subsection (c) of section 401 and in- tice is submitted and published, the Sec- bill allows the Department of Home- sert the following: retary shall issue a final maximum visa land Security and the Department of (c) DISCRETIONARY VISA WAIVER PROGRAM overstay rate. State to fundamentally change the way EXPANSION.—Section 217(c) of the Immigra- ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- countries are admitted into the visa tion and Nationality Act (8 U.S.C. 1187(c)) is SIDERATIONS.—In determining whether to waiver program, and thus, who can amended by adding at the end the following: waive the application of paragraph (2)(A) for come into the U.S. without getting a ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE a country, pursuant to paragraph (8), the FLEXIBILITY.— Secretary of Homeland Security, in con- visa. ‘‘(A) CERTIFICATION.—On the date on which sultation with the Secretary of State, shall Under current law, a country is eligi- an air exit system is in place that can verify take into consideration other factors affect- ble for this program so long as the vast the departure of not less than 97 percent of ing the security of the United States, includ- majority—at least 97 percent—of its foreign nationals that exit through airports ing— nationals can get a visa when they of the United States, the Secretary of Home- ‘‘(A) airport security standards in the apply for one. The percentage of people land Security shall certify to Congress that country; who are rejected when they apply for a such air exit system is in place. ‘‘(B) whether the country assists in the op- visa is called the ‘‘visa refusal rate’’ ‘‘(B) WAIVER.—After certification by the eration of an effective air marshal program; Secretary under subparagraph (A), the Sec- ‘‘(C) the standards of passports and travel and that percentage must be under 3 retary of Homeland Security, in consultation documents issued by the country; and percent for a country to participate in with the Secretary of State, may waive the ‘‘(D) other security-related factors.’’. the program. application of paragraph (2)(A) for a coun- Mrs. FEINSTEIN. Mr. President, I The rationale is that if the over- try— rise today to voice my concern about whelming majority of visitors satisfy ‘‘(i) if the country meets all security re- the efforts to expand the Visa Waiver requirements for a U.S. visa when they quirements of this section; Program in the 9/11 commission report apply, we should not waste our re- ‘‘(ii) if the Secretary of Homeland Security sources and the time of U.S. consular determines that the totality of the country’s bill and to offer an amendment that security risk mitigation measures provide will cap the unlimited expansion of officers to evaluate every single visa assurance that the country’s participation in this program. application. The 3 percent rate means the program would not compromise the law I believe the bill as offered on the that 97 percent of these applicants will enforcement, security interests, or enforce- floor will make us less safe, not more return to their home country for one ment of the immigration laws of the United safe with respect to this huge program reason or another. They have family States; called Visa Waiver. and earn a satisfactory living. ‘‘(iii) if there has been a sustained reduc- The bill would allow the Department But even with a 3 percent rejection tion in the rate of refusals for nonimmigrant of Homeland Security and the Depart- rate, the Visa Waiver Program is a se- visitor visas for nationals of the country and curity problem. conditions exist to continue such reduction; ment of State to expand the Visa Waiv- ‘‘(iv) the country cooperated with the Gov- er Program without limits. My amend- Convicted terrorist Zacarias ernment of the United States on counterter- ment would limit this discretion based Moussaoui from France and ‘‘shoe- rorism initiatives and information sharing on a 10 percent visa refusal rate or on bomber’’ Richard Reid from Great Brit- before the date of its designation as a pro- the actual visa overstay rate. ain both boarded flights to the United

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4891 States with passports issued by Visa what is to preclude any other country In 2004, more than 15 million people Waiver Program countries. from coming into the program? How do from 27 countries traveled in and out of On August 10 of this past year, Brit- we say ‘‘no’’ to India, also a good ally, the United States with no visa. ish police charged 17 suspects with a when its refusal rate—19.5 percent—is And from January through June terrorist plot to detonate liquid explo- lower than 4 of the roadmap—coun- 2005—a 6-month period—the Depart- sives carried on board several airliners tries? The rejection rate for China—24.5 ment of Homeland Security reported traveling from the United Kingdom to percent—is lower than those coming that it confiscated 298 fraudulent or al- the United States. The key suspects from Romania. Indonesia, at 35.1 per- tered passports issued by Visa Waiver were reported to be British-born Mus- cent just exceeds Romania. So this bill Program countries that travelers were lims, eligible to travel to the U.S. with will likely set up some real conflicts attempting to use to enter the United just a passport in hand. and create additional problems. States. And these are just the ones who For that reason, I believe that the The administration has argued that got caught. current Visa Waiver Program is the the expansion of the visa waiver coun- In fact, Interpol reports that they soft underbelly of our national secu- tries should be limited to our allies. have records of more than 12 million rity. But what does it mean to be an ally? stolen and lost travel documents in But this bill undermines even the According to this administration, when their database, but that there are 30 to scant protection afforded by our cur- we invaded Iraq we counted Colombia 40 million travel documents have been rent laws in that it allows the adminis- with a 33.3 percent visa rejection rate, stolen worldwide. tration to admit new countries into the and Nicaragua, with a 48 percent rejec- We can extrapolate that tens of thou- program with complete disregard for tion rate among our allies because they sands of those documents are from visa how many people were previously re- had provided some assistance in war. waiver countries. jected when they applied for a U.S. Do we, in Congress, really want to As the 9/11 Commission report dem- visa. My amendment would provide a give the administration unfettered onstrates, individuals with fraudulent meaningful limit to that discretion. flexibility to allow nationals from any documents pose a far greater threat to This bill does not affect just a hand- country to travel to the U.S. without a our national security than those trav- ful of countries. It would affect any visa, simply because their governments eling with no documents at all. and every country whose nationals have cooperated with ours? For that reason, Senator SESSIONS travel to the United States. Does that mean that those nationals and I have introduced a bill this Con- As a matter of fact, the ‘‘roadmap’’ should be allowed to come to the gress to crack down on people who traf- countries—or countries that the ad- United States with no advance screen- fic in lost and stolen travel documents. ministration is currently talking to ing? The second problem is that some We can only assume that we will also about inclusion in the Visa Waiver Pro- countries have very weak policies on significantly increase the number of gram—total 19. So the Departments of who can become a citizen—and there- people who will not leave the United State and Homeland Security are ac- fore legally obtain travel documents. States after their visa expires. In this tively talking with 19 countries for ac- Not every country has the same strict manner, this bill, if enacted into law, ceptance into this Program. controls on who can become a citizen will likely add many thousands, if not A significant number of these 19 as the U.S. does. millions, to the undocumented or ille- countries have visa rejection rates that For example, Romania, one of the gal population. are well above 3 percent. They are Remember, today, 30 to 40 percent of ‘‘road map’’ countries, extends citizen- marked with an asterisk, and total 13 the illegal population are, in fact, visa ship to many citizens of Ukraine or of the 19. I ask unanimous consent to overstays—people who come with tem- Moldova as a matter of course without have printed in the RECORD a chart porary or visitor visas and do not re- prior residency requirements. Ukraine showing by country the rejection rates. turn to their countries. and Moldova are not slated to partici- There being no objection, the mate- I believe we should not expand this pate in the visa waiver program, and in rial was ordered to be printed in the program without a good hard look at fact, have visa rejection rates of 38.7 RECORD, as follows: how it will compromise our national percent and 34.2 percent, respectively. Country Name 2006 Refusal Rate security, law enforcement, and immi- Adding Romania is like adding Ukraine (Percent) and Moldova. How would their inclu- Argentina* ...... 6.7 gration goals and without ensuring Brazil* ...... 13.2 that safety measures are in place to sion impact national security? Bulgaria* ...... 17.5 make the program strong. Finally, this bill does not go far Cyprus ...... 2.2 First, whenever the United States enough to protect U.S. borders. Czech Republic* ...... 9.4 adds new countries to the program, it The bill requires the development of Estonia* ...... 7.1 increases the demand for, and the an air exit system, but it does nothing Greece ...... 2.2 availability of, fraudulent travel docu- to track who comes and goes by way of Hungary* ...... 12.7 our land and sea ports. Israel ...... 4.2 ments. Korea, South ...... 3.6 The value of lost, stolen or fraudu- It also requires the Department of Latvia* ...... 21.6 lent Visa Waiver Program documents Homeland Security to track how many Lithuania* ...... 27.7 is enormous. A person carrying a visa people overstay their visas, but it does Malta ...... 2.8 waiver country passport has virtually not require them to use this informa- Poland* ...... 26.2 unlimited access into and out of the tion to determine who can participate Romania* ...... 34.1 in the program. Slovakia* ...... 16.0 United States. Taiwan ...... 3.1 No doubt, the expansion of the pro- For example, even if we learn that Turkey* ...... 15.4 gram will increase the use of fraudu- one out of four Lithuanian visitors Uruguay* ...... 12.6 lent border documents which are sold never returns to Lithuania when their Mrs. FEINSTEIN. Mr. President, on the black market in the tens of visa expires, Lithuania could still par- today, 544 million people are eligible to thousands: passports, international ticipate in the Visa Waiver Program. travel into the U.S. without a visa as driver’s licenses, and other forms of Again, experts estimate that between part of the Visa Waiver Program. If we identification from new visa waiver 30 percent and 40 percent of those un- add these ‘‘roadmap’’ countries to the countries will flood the market. documented people living in the U.S. program, we will add 162 million more According to the July 2006 GAO re- today are here because they ignored people who can travel into the United port on improving the security of the the time limits on their visa and just States without a visa—a 30 percent in- Visa Waiver Program, visa waiver trav- never went back home. crease. el documents have been used by crimi- At a time when this country is torn And if these 19 additional ‘‘roadmap’’ nals and terrorists seeking to disguise about how to handle the 12 million un- countries can come into the program, their true identity. documented people currently living

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4892 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 here, we must consider who plays by my colleagues that I am optimistic The PRESIDING OFFICER. Without the rules when we talk about who par- that the discussions will produce a objection, it is so ordered. ticipates in the program. fruitful result. At this time, we cannot The amendment is as follows: If a high number of travelers from proceed to disposing of the amendment, (Purpose: To extend the deadline by which countries overstay their visas, then however. State identification documents shall com- those countries should not be allowed Mr. President, I suggest the absence ply with certain minimum standards and the benefit of permitting their nation- of a quorum. for other purposes) als to enter the U.S. without a back- The PRESIDING OFFICER. The On page 145, strike line 21 and insert the ground check and a consular interview. clerk will call the roll. following: The amendment I am proposing The assistant legislative clerk pro- SEC. 404. IDENTIFICATION DOCUMENTS. today offers a way to limit the expan- ceeded to call the roll. (a) MINIMUM DOCUMENT REQUIREMENTS.— sion of the Visa Waiver Program in Mr. LIEBERMAN. Mr. President, I Section 202(a)(1) of the REAL ID Act of 2005 light of our immigration and national ask unanimous consent the order for (49 U.S.C. 30301 note) is amended by striking ‘‘3 years after the date of the enactment of security concerns. the quorum call be rescinded. The PRESIDING OFFICER. Without this division’’ and inserting ‘‘2 years after The amendment I am offering would the promulgation of final regulations to im- increase the visa rejection rate under objection, it is so ordered. plement this section’’. the current law from 3 percent to 10 Mr. LIEBERMAN. Mr. President, (b) AUTHORITY TO EXTEND COMPLIANCE percent for countries that agree to Parliamentary inquiry: Am I correct DEADLINES.—Section 205(b) of the REAL ID these enhanced security measures. that the Feinstein amendment, No. 271, Act of 2005 (49 U.S.C. 30301 note) is amended— The result is that countries such as is the pending business? (1) by striking ‘‘The Secretary’’ and insert- South Korea, 3.6 percent, Taiwan, 3.1 The PRESIDING OFFICER. The Sen- ing the following: ‘‘(1) IN GENERAL.—The Secretary’’; and percent, Estonia, 7.1 percent, and the ator is correct. Mr. LIEBERMAN. I have been in- (2) by adding at the end the following: Czech Republic, 9.4 percent could be el- ‘‘(2) LACK OF VALIDATION SYSTEMS.—If the igible to participate in the program formed the questions one Member was raising about the amendment of Sen- Secretary determines that the Federal or provided they pass the security re- State electronic systems required to verify quirements this bill imposes. ator FEINSTEIN have been resolved. I the validity and completeness of documents Then, once the U.S. has statistics on now urge we adopt the amendment. under section 202(c)(3) are not available to which foreign nationals regularly over- The PRESIDING OFFICER. Is there any State on the date described in section stay their visa, the government should further debate? The Senator from 202(a)(1), the requirements under section 202(c)(1) shall not apply to any State until use those statistics to decide who can Maine. Ms. COLLINS. Mr. President, to clar- adequate electronic validation systems are participate in the program. ify for our colleagues, the objection or available to all States.’’. My amendment would require the De- the clarification I mentioned earlier (c) NEGOTIATED RULEMAKING.— partments of Homeland Security and has been resolved on this side of the (1) NEGOTIATED RULEMAKING COMMITTEE.— State, in consultation and with the ap- Not later than 30 days after the date of the aisle. I know of no objection to adopt- proval of Congress, to set a meaningful enactment of this Act, the Secretary shall ing the amendment of Senator FEIN- overstay rate once they have that data. reconvene the committee originally estab- STEIN. I believe it strengthens the pro- Then countries with a proven track lished pursuant to section 7212(b)(4) of the 9/ visions in the underlying bill and I 11 Commission Implementation Act of 2004 record—those with nationals who go urge its adoption. (49 U.S.C. 30301 note), with the addition of home when they are supposed to go The PRESIDING OFFICER. If there any new interested parties, including experts home—could be eligible for the pro- is no further debate on the amendment, in privacy protection, experts in civil lib- gram. the question is on agreeing to the erties and protection of constitutional The answer is not to entirely remove rights, and experts in immigration law, to— amendment. the visa rejection rate, 3 percent, as (A) review the regulations proposed by the The amendment (No. 271) was agreed this bill does with no suitable replace- Secretary to implement section 202 of the to. REAL ID Act of 2005 (49 U.S.C. 30301 note); ment, but to enact a fair system across Mr. LIEBERMAN. Mr. President, I the board that recognizes that the (B) review the provisions of the REAL ID move to reconsider the vote. Act of 2005; screening of those who wish to come to Ms. COLLINS. I move to lay that mo- (C) submit recommendations to the Sec- our country is important, both for the tion on the table. retary regarding appropriate modifications security of the country, as well as to The motion to lay on the table was to such regulations; and ensure that visitors do what their ‘‘visa agreed to. (D) submit recommendations to the Sec- waiver’’ provides—and that is to return Mr. LIEBERMAN. Mr. President, I retary and Congress regarding appropriate to their country of origin at the end of suggest the absence of a quorum. modifications to the REAL ID Act of 2005. (2) CRITERIA.—In conducting the review the 90-day period. The PRESIDING OFFICER. The Mr. LIEBERMAN. Mr. President, under paragraph (1)(A), the committee shall clerk will call the roll. consider, in addition to other factors at the there are discussions going on between The bill clerk proceeded to call the discretion of the committee, modifications the Senator from California and others roll. to the regulations to— to answer a question or two about the Ms. COLLINS. Mr. President, I ask (A) minimize conflicts between State laws amendment, so for the moment we are unanimous consent the order for the regarding driver’s license eligibility; going to leave it pending, and I yield quorum call be rescinded. (B) include procedures and requirements to for my colleague from Maine. The PRESIDING OFFICER. Without protect the Federal and State constitutional Ms. COLLINS. Mr. President, I have objection, it is so ordered. rights, civil liberties, and privacy rights of individuals who apply for and hold driver’s only had a brief time to look at the AMENDMENT NO. 277 amendment offered by the Senator licenses and personal identification cards; Ms. COLLINS. Mr. President, I send (C) protect the security of all personal in- from California, but it would, in my an amendment to the desk and ask for formation maintained in electronic form; judgment, enhance certain provisions its immediate consideration. (D) provide individuals with procedural and in the underlying bill on the visa waiv- The PRESIDING OFFICER. The substantive due process, including rules and er program. There are discussions clerk will report. right of appeal, to challenge errors in data going on with key Senators on our side The bill clerk read as follows: records contained within the databases cre- ated to implement section 202 of the REAL of the aisle, such as Senator KYL of Ar- The Senator from Maine [Ms. COLLINS], for ID Act of 2005; izona, who has also a great interest in herself, Mr. ALEXANDER, Mr. CARPER, Ms. (E) ensure that private entities are not this area. SNOWE, Ms. CANTWELL, and Ms. MIKULSKI, proposes an amendment numbered 277. permitted to scan the information contained We are not prepared on this side to on the face of a license, or in the machine proceed with a full discussion of the Ms. COLLINS. I ask unanimous con- readable component of the license, and re- amendment at this time or to dispose sent the reading of the amendment be sell, share, or trade such information with of it at this time, but I would inform dispensed with. third parties;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4893 (F) provide a fair system of funding to To implement that recommendation, idea what the final regulations will re- limit the costs of meeting the requirements which was indeed in response to a very quire of them, but they do know that of section 202 of the REAL ID Act of 2005; real concern identified by the 9/11 Com- the costs are likely to be substantial (G) facilitate the management of vital mission, I worked with a bipartisan based on a study released in 2006 by the identity-proving records; and group of Senators, most notably my (H) improve the effectiveness and security National Governors Association. The of Federal documents used to validate iden- colleague, Senator LIEBERMAN, to craft NGA estimated that the costs to States tification. a provision in the 2004 Intelligence Re- to implement the REAL ID Act could (3) RULEMAKING.—To the extent that the form Act that would accomplish the total more than $11 billion over the final regulations to implement section 202 of goal of the Commission. It called for next 5 years. This is a substantial the REAL ID Act of 2005 do not reflect the the creation of a committee of experts amount. Perhaps the cost will be less modifications recommended by the com- from the Federal Government, from than that, but the point is, we don’t mittee pursuant to paragraph (1)(C), the Sec- State governments, from privacy know because the regulations with the retary shall include, with such regulations in groups, from technology information the Federal Register, the reasons for reject- detailed guidance have still not been ing such modifications. organizations, to come together in a issued, even as we speak. (4) REPORTS.—Not later than 120 days after negotiated rulemaking process and to The State of Maine reports that the reconvening under paragraph (1), the com- develop a means of providing secure costs of implementation of the REAL mittee shall submit a report to the Com- identification, while protecting privacy ID Act could total $158 million. The mittee on Homeland Security and Govern- and civil liberty rights, and also re- Secretary of State tells me that is mental Affairs of the Senate and the Com- specting the role of the States, which more than six times the normal oper- mittee on Homeland Security of the House of have always had the primary responsi- ating budget of the Maine Bureau of Representatives that includes— bility in this area. (A) the list of recommended modifications Motor Vehicles. The language we came up with also The result has been an increasing re- to the regulations that were submitted to provided for some grants that would the Secretary under paragraph (1)(C); and bellion by States over this unfunded, (B) a list of recommended amendments to help the States bear this cost—not the very difficult mandate. Some States, the Real ID Act of 2005 that would address whole cost but to help them out. including my home State of Maine, any concerns that could not be resolved by This committee was indeed ap- have passed resolutions that have sent regulation. pointed—indeed, at my recommenda- the message to Washington that they (d) ENHANCED DRIVER’S LICENSE.— tion, Maine’s secretary of state was cannot and will not implement the Ms. COLLINS. Mr. President, I rise one of the members—and they began REAL ID Act by the May 2008 deadline. today to introduce an amendment to diligently working on this task. Unfor- So what do we do? address the growing concern among tunately, before the committee could Here is what my amendment pro- States regarding the implementation complete its work, the House of Rep- poses. I have had extensive consulta- of the REAL ID Act of 2005. This law resentatives attached the REAL ID Act tions with the National Governors As- requires States to meet minimum secu- of 2005 to an emergency war supple- sociation, the National Council of rity standards before citizens can use mental, a bill that was truly urgent. State Legislatures, and other experts their driver’s licenses for Federal pur- There was not a lot of consideration in on this issue. poses, such as boarding an airplane. I the Senate nor debate over this provi- My amendment has two primary ob- am very pleased to have several co- sion. It was inserted into the emer- jectives. The first is to give the Federal sponsors of this amendment, including gency war appropriations bill. Government and States the time and Senator ALEXANDER, Senator CARPER, The effect of that was to repeal the flexibility they need to come up with Senator CANTWELL, Senator SNOWE, negotiated rulemaking provisions that an effective but practical system to and Senator MIKULSKI. All of them we had worked so hard to craft and to provide secure driver’s licenses. have expressed concerns about the im- put into the Intelligence Reform Act of Second, my amendment would ensure pact on their States. I particularly 2004. The further effect, therefore, was the involvement of experts from the wish to single out Senator ALEXANDER, to halt the very productive and worth- States, from the technology industry, who has long been a leading voice in while progress this committee was and privacy and civil liberties advo- raising concerns about the costs im- making in devising standards to im- cates, by bringing them back to the posed upon States by the REAL ID Act. prove security without imposing un- As the deadline for compliance for necessary burdens and costs on State table and giving them a chance to re- the REAL ID Act rapidly approaches, governments. view these regulations and make them States are beginning to send a very Unlike our Intelligence Reform Act, work. clear message that they are deeply con- the REAL ID Act of 2005 did not in- There are three major provisions in cerned they simply will not be able to clude States and other interested par- the amendment we are offering. First, meet these standards. The amendment ties, whether privacy advocates or the amendment provides that States I introduce today recognizes those con- technological experts, in the rule- would not have to be in full compliance cerns by allowing more time to devise making process. Instead, the REAL ID with the REAL ID Act until 2 years a way to make driver’s licenses more Act simply instructed the Department after the final regulations are promul- secure without unduly burdening State of Homeland Security to write its own gated. That is reasonable. This is a dif- governments and without threatening regulations. It has been almost 2 years ficult task, and it is important that we privacy and civil liberties. since the REAL ID Act was passed, and get it right. It is important for our se- To begin with, perhaps some back- the Department has yet to issue the de- curity, but it is also important for the ground information would be useful. tailed guidance the States need to States that have been burdened with The 9/11 Commission’s investigation comply with the law. We expect these the task. That means no matter how found that all but one of the 9/11 terror- regulations are just about to be pub- long it takes for the Department of ists had acquired some form of U.S. lished, that they are about to be issued Homeland Security to finish these reg- identification—in most cases a State under the formal notice and comment ulations, States will have a full 2 years driver’s licenses. The Commission rec- period later this week. to implement them. Most likely, the ommended that the Federal Govern- The problem is, the States are facing impact of that is to delay from May of ment should set standards for the this looming May of 2008 deadline for next year to May of 2010 the compli- issuance of driver’s licenses to make being in full compliance with the ance date. That is the likely timeframe them more secure, to ensure the person REAL ID Act. That is an enormously about which we are talking. was, in fact, entitled to a driver’s li- constricted period for the States to Second, the amendment would give cense, and to make certain the driver’s comply, when the regulations have not the Secretary of Homeland Security license has certain security features to yet been issued. more flexibility to waive certain re- ensure the individual is who he or she As States begin work this year on quirements of REAL ID, if an aspect of claims to be. their 2008 budgets, they still have no the program proves to be technically

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4894 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 difficult to implement. I have talked mitigate concerns that could not be ad- nessee and other States, have taken a with some technology experts. Some of dressed by modifications to the regula- look at the so-called REAL ID law and them say it can be done. Some of them tions. That is an important safeguard wondered what we are doing up here. say this is an enormous task because as well. She has made a very thoughtful and we are talking about having inter- The amendment we are offering sensible suggestion, which is that we locking databases so that States can would give us time, the information delay for 2 years the implementation of check with other States on whether an that Congress and the Department of the so-called REAL ID law, and let’s individual is licensed there. That is a Homeland Security need to better im- make sure we know what we are doing. very complex project because, not sur- plement the recommendations of the Senator COLLINS, because she is rank- prisingly, each State has its own sys- 9/11 Commission in order to make our ing member of the committee that tem. So there are questions about the driver’s licenses secure so that they deals with homeland security and a technology and the feasibility of all of cannot again be used to facilitate a former chairman, and because she the requirements of the REAL ID Act. plot to attack our country. served in State government, is more We want to give the Secretary some There is a real problem. The 9/11 sensitive to this issue than perhaps flexibility in that area. Commission was correct in identifying some of our colleagues. But she under- It is possible that some of the tech- the ease with which the hijackers were stands it is very easy for those of us in nological links necessary for REAL ID able to secure driver’s licenses. But Washington to stand up here and come may not be fully in place at the time let’s come up with not only an effective up with a big idea and think it might that compliance is required. On the solution to the problem identified but be a good idea, and then turn it into a other hand, if the technology is there also a practical one. We don’t have to law and hold a press conference and and the systems are up and running, it choose one versus the other. We can take credit for it, and then send the will be easier for the States to proceed. come up with a cost-effective, efficient, bill to the Governor and the legislature That is another advantage of the ex- effective way to achieve this goal. This and say: You pay for it. Senator COLLINS is more polite about tension in time. The technology is only bill does so in a way that does not re- this than I might be. Nothing used to going to get better and become more wind the clock 3 years but instead make me madder when I was Governor effective. keeps us moving to a more secure than for legislators and Congressmen This also gives us more time to ad- America. to do just that: to pass a big bill, take dress privacy concerns because there I look forward to working with my credit for it, and send the bill to the are a lot of questions, if you have peo- colleagues on both sides of the aisle to State. Then that same Congressman ple throughout the country working in address REAL ID and to put us back on would usually be back in Tennessee motor vehicle bureaus who are now the right track to protect our country, making a Lincoln Day speech or a Jef- going to have access to databases and to protect our privacy, to protect our ferson Day speech or a Jackson Day are going to need training in evalu- liberty, and to do so in a practical way. speech about local control and saying ating the underlying documents, I suggest the absence of a quorum. how we need strong States and strong whether they are birth certificates or The PRESIDING OFFICER. The cities, but they dumped a big unfunded visas, in determining their validity. So clerk will call the roll. mandate on top of us. this is a complicated task. The bill clerk proceeded to call the So let me see if I can be in support of Third, the amendment reconstitutes roll. Senator COLLINS, who has made a very the committee that we created in 2004, Ms. COLLINS. Madam President, I reasonable, sensible amendment: First, and that was making such good ask unanimous consent that the order to think about what we are doing with progress in its deliberations before for the quorum call be rescinded. REAL ID and to make sure if we want these provisions were repealed by the The PRESIDING OFFICER (Ms. KLO- to continue down this path, we do it in REAL ID Act. This committee would BUCHAR). Without objection, it is so or- a way that respects the privacy of be required to look at the regulations dered. Americans. We are, after all, for the published by the Department of Home- Ms. COLLINS. Madam President, first time in our history actually cre- land Security and to make suggestions what is the pending business? ating a national identification card for modifications to meet the concerns The PRESIDING OFFICER. The with all the ramifications of that. That of States, privacy advocates, and other pending amendment is the Collins is what the REAL ID law did. Second, interested parties. Within 120 days of amendment. to make sure that we don’t create an convening, the committee would report Ms. COLLINS. Madam President, it is unfunded mandate. The Republican its recommendations to the Depart- actually a Collins-Alexander amend- Congress in 1994 was ushered in claim- ment of Homeland Security and to ment, along with several of our col- ing no more unfunded mandates. The Congress. So we are not throwing out leagues. I am very pleased to note the Congressmen stood on the steps over the work that has already been done by Senator from Tennessee, who has been there in the House and said: If we the Department of Homeland Security. such a leader and such an early voice break our promise, throw us out. Well, It doesn’t make sense to go back to raising concerns about the implica- they threw us out this past election, so square one, to go back to scratch, as tions of the REAL ID Act for State why would we persist with unfunded the 2004 bill had proposed. Instead, we governments, is here on the floor. As a mandates? create this committee, bringing all the former Governor, he has a better appre- This is an $11 billion unfunded man- stakeholders to the table. They would ciation than many of us of the burden date on State governments over the take a rigorous look at the regulations this act imposes on the States. So I am next 5 years. What does that mean? that are issued, and they would make very pleased the Senator is here and I Higher property taxes, higher tuition recommendations to the Department yield to him such time as he may need. costs, less funding for higher education and to us so that we could exercise our The PRESIDING OFFICER. The Sen- so we can stay competitive with China oversight. ator from Tennessee, the coauthor of and India, less money for lower class- The Department of Homeland Secu- the amendment, is recognized. room sizes, and less money for reward- rity would then either have to make Mr. ALEXANDER. Madam President, ing outstanding teachers. That is what the recommendations recommended by I thank the Senator from Maine and I unfunded mandates will mean, so we this committee or explain why it chose salute the Senator from Maine. She is shouldn’t do that. not to. So we would have much more paying close attention not just to the Then the third thing that is unfortu- transparency and accountability in the security of our country but the fact nate about this REAL ID law that process. that we need strong States and cities passed is we didn’t have the oppor- In addition, the committee could rec- in our country at the same time. She, tunity to say anything about it over ommend to Congress, if they believed obviously, is in tune with the people in here in the Senate. Now, we are not al- that statutory changes are needed to Maine because they, like people in Ten- ways the wisest people in Washington,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4895 DC, but we have half the say. The Also, it requires figuring out what a card that it gave the Government a REAL ID Act came up in the House of fair system of reimbursement is. Here good chance to keep up with every sin- Representatives. It was stuffed into the are the figures I have seen: Apparently gle person. supplemental appropriations bill for we have appropriated $40 million for I have changed my mind after 9/11. I Katrina and the troops in Iraq. So of this. The Senator from Maine is nod- believe we need a national identifica- course we had to vote for the bill. We ding her head. Yet, the Governors tell tion card of some kind, and we, in fact, had no chance to amend it, no debate, us it is going to cost $11 billion. We have one now. It is a de facto identi- no hearings, and no consideration of have appropriated $40 million. They fication card. We call it the driver’s li- other alternatives. Yet we impose on say it is going to cost $11 billion. We cense, but it is completely ineffective. every State in this country a total of have a 60-vote point of order against It gets stolen. It gets copied. We show $11 billion worth of unfunded man- unfunded Federal mandates. We it when we go through the line at an dates, and we create for the first time couldn’t even raise that when this went airport. For a long time, mine said on in the history of a liberty-loving na- through like a freight train in the mid- the front that it expired in the year tion a national identification card. I dle of a Katrina and troops-in-Iraq bill. 2000, but if you turn it over, it said would say we wouldn’t be doing our job There would have to be 60 votes in 2005. Well, at the airport they never if we didn’t stop and think about what order to impose on the States this kind turned it over so it is not a very effec- we have done. Fortunately, we have of financial burden. tive identification card, and that is the time to stop and think about it, be- So that is basically it. This amend- impetus for the REAL ID. I understand cause while the law has been passed, it ment says let’s stop and think about that. The first thought was let’s take all of is not implemented yet. this since this is the first national these 196 million driver’s licenses and Here is what Senator COLLINS has identification card we have ever had in turn them into identification cards, done, and I give her great credit for this country. And since it is a massive but that might not be the best thought. this. For her to introduce this amend- unfunded mandate that would have the There are other options. For example, ment is especially useful because of her effect, if the Governors are right, of we might need a work card in the position as former chairman of the af- raising State taxes, raising tuition, United States. A lot of the impetus for fected committee and now its ranking cutting the amount of money available this came from immigration problems. member. She has quickly attracted for colleges and competitiveness, cut- Since many of the immigration prob- several cosponsors, Republicans and ting money for reducing classroom lems are the result of people wanting Democrats. She would extend the dead- size, and cutting money for State to come here and work, maybe one way line for compliance with REAL ID to 2 health care plans. to think about identity theft is to say: years after final regulations are issued Then the third thing is we had no dis- Let’s have a Social Security card that by the Department of Homeland Secu- cussion—I don’t believe there was a is biometric and let people apply for rity. single hearing anywhere in the Sen- that; let people who get new cards get Now, from the point of view of a Gov- ate—about this bill. I am delighted to that, and let’s have a work card. Or ernor, that makes sense. If I were sit- have a chance to be a cosponsor of this maybe we need a travel card for people ting back in Nashville, I would say: legislation that Senator COLLINS has who want to travel on airplanes, and Well, now, Madam Congressman or Mr. introduced. they would have a travel card. Maybe Congressman, you are not going to ex- I will say one other thing about this we need to expand the number of pass- pect me to take 3 or 4 million Ten- idea of a national identification card. I ports. Twenty-five percent of us have nesseans and run them through the have lived long enough to have changed passports. I am not sure what the right State driver’s license offices and find my mind a few times on important answer is. My instinct is that probably out if they are terrorists or if they are issues. When I was Governor of Ten- a work card would be a good card to illegally here, or send them back home nessee, I vetoed twice the photo identi- have. Maybe we ought to have two or to grandma’s attic and dig up their fication card I now carry in my billfold three cards that meet certain Federal birth certificates, are you? I mean how because I thought it was an infringe- requirements, any of which could be many Tennesseans have their birth cer- ment on civil liberties and I didn’t used for other identification purposes. tificates handy? How many want to go think it was anybody’s business to That way we would technically avoid back to the driver’s license office and have my picture on the identification having the national identification stand in line? That is a lot of people, 3 card. Well, the retailers wanted it for card, but for convenience, people could or 4 million people, and that is only check cashing, and law enforcement have a work card, a travel card, and a Tennessee. There are over 196 million people wanted it so they could catch passport. All of those are just ideas. people with driver’s licenses in the more criminals. So the legislature But I wouldn’t suggest that the Senate United States. overrode me. Plus, when I tried to get wait until midnight and take Senator There is another section or two in into the White House one time as Gov- ALEXANDER’s ideas, ram them through, Senator COLLINS’ amendment. She ernor, they wouldn’t let me in because and send them to the House and tell gives a little more discretion to the I didn’t have a photo identification them to pass them with the next Iraq Secretary of DHS to waive State dead- card and I said: Well, I vetoed it, and supplemental bill just because we lines. That is a reasonable approach. they didn’t think that was a good rea- thought of it. She reestablishes the negotiated rule- son. The Governor of Georgia had to I think it would be better to let Sen- making committee that was created as vouch for me, and after that indignity, ator LIEBERMAN and Senator COLLINS part of the National Intelligence Re- Tennessee finally got a photo identi- and others consider all of these options form Act of 2004. That means in plain fication card. very carefully. I think it might be best English that States that have the job We have a right in America to be when we get to the immigration bill of implementing this law will have a skeptical of national identification and we talk about having an employer chance to come to the Federal Govern- cards. We love liberty more than any- identification system, because that is ment and say: Well, in Minnesota, we thing in this country, and that could going to be an essential part of the have longer lines during this part of infringe on our liberty. We have seen comprehensive immigration bill. Well, the year because it snows and shorter what happened in South Africa when if that is the case, then we are prob- lines during that part of the year be- people carried around passports and ably going to need some kind of work cause there is ice. And in other times they were classified based on race, and card. If that is the case, we might end of the year people are fishing on their their lives, their activities, everything up with a secure Social Security card. lakes, and so we have some local condi- about them was regulated that way. If that is the case, we might not need tions here. This gives more time to We can think back on Nazi Germany REAL ID at all. take into consideration the local con- and other totalitarian countries where So that is an even better reason to ditions. so much information was on a single adopt the Collins amendment, because

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4896 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 between now and the expiration of 2 This 2 years will allow a more careful than 140,000 miles of track over which years, we should pass a comprehensive review. It will allow more input by the nearly 30 million carloads are trans- immigration bill here in Congress. In States when DHS does issue the regula- ported annually. This network trans- fact, if we don’t, we should all be se- tions, and it will allow us to devise a ports 42 percent of all domestic inter- verely criticized, because it is our job cost-effective way of achieving a goal city freight, the majority of coal used to do it. So I urge my colleagues re- all of us have, and that is to make driv- in electricity generation, more than 12 spectfully to look at the Collins er’s licenses more secure. million trailers and containers, and amendment and see it as a reasonable I am very grateful for the insights of two million carloads of chemicals. approach. It says: Let’s delay 2 years. the Senator from Tennessee, for his Meanwhile, U.S. trucking hauled 9.1 Let’s hold some hearings. Let’s ask the support, and for his very early leader- billion tons of freight and employed 5.6 States to be more involved in what the ship on this issue. million people in trucking related cost is. Let’s think about any privacy Madam President, I yield the floor fields in 2003. issues that might result from a de and suggest the absence of a quorum. Equally important is the contribu- facto national identification card, and The PRESIDING OFFICER. The tion that these modes make in moving let’s even make sure, if we are going to clerk will call the roll. passengers throughout our Nation. Ap- The bill clerk proceeded to call the have an identification card, that the proximately 24 million passengers ride roll. idea of using driver’s licenses is the Amtrak annually, and there are nearly Mr. INOUYE. Madam President, I ask best way to do it. 3.4 billion passenger and commuter rail unanimous consent that the order for As my last comment, I would under- trips in this country each year. Simi- the quorum call be rescinded. score the fact that there are a number The PRESIDING OFFICER. Without larly, over-the-road buses transport ap- of States already considering taking objection, it is so ordered. proximately 600 million passengers an- the action Maine has already taken, Mr. INOUYE. Madam President, the nually and are the only viable means of the Senator’s State, in passing a reso- provisions included in the Commerce public transportation for many people lution rejecting the REAL ID card. Committee title, title 13 of the sub- throughout the country. Those are Hawaii, Georgia, Massachu- stitute amendment, reflect the Com- The recent attacks on the passenger setts, New Mexico, Oklahoma, merce Committee’s relentless efforts to trains and transit systems in Madrid, Vermont, and Washington State. If the tackle emerging issues and building London, and Mumbai all demonstrate REAL ID card were to go into effect in upon existing security transportation that railroads and surface transpor- those States in May, next spring, and legislation. The provisions included in tation systems are vulnerable targets they didn’t have the REAL ID card, ac- the Commerce title improve and en- for terrorists, and are a constant re- cording to the law they can’t fly on a hance our security efforts across all minder of what can happen in our com- commercial airplane. Well, that is modes: rail, truck, motor carrier, pipe- munities. going to create a situation I don’t line, and aviation. We must address the risks facing our think any Member of this Senate wants Senator STEVENS and I, and our col- essential surface and rail transpor- to see. leagues on the Commerce Committee tation systems here at home in a com- So I am here to salute the Senator are no strangers to the issue of trans- prehensive and coordinated way before from Maine for being diligent in pro- portation security. In fact, the Com- we become the next victim of a suc- tecting our liberty and in protecting merce Committee responded and the cessful attack. the rights of State and local govern- Congress enacted immediately in the Toward this goal, Senator STEVENS ments, and making sure that if we are aftermath of the 9/11 attack landmark and I, along with Senators LAUTEN- going to have some kind of more secure aviation and maritime security laws. BERG, ROCKEFELLER, KERRY, BOXER, card, whether it is a driver’s license or Last year, the Congress took its first SNOWE, PRYOR, CARPER, DORGAN, a work card, a travel card, or even a step in 4 years, to significantly im- HUTCHISON, KLOBUCHAR, CANTWELL, and passport, that we do it right after we prove the Nation’s transportation secu- others, introduced the Surface Trans- have suitable hearings. rity system by enacting the Commerce portation and Rail Security Act of 2007, I am proud to be a cosponsor of the Committee’s SAFE Port Act, which or STARS Act. This bill has 22 cospon- Collins amendment, and I thank the strengthened the security of our Na- sors to date. Senator for yielding time to me. tion’s ports and maritime vessels. The STARS Act incorporates updated The PRESIDING OFFICER. The Sen- While significant in terms of the pro- versions of provisions within the Rail ator from Maine is recognized. tections provided to our ports and mar- Security Act of 2004, which the Senate Ms. COLLINS. Madam President, I itime system, the Congress failed dur- passed by unanimous consent in the thank the Senator from Tennessee for ing conference to seize the opportunity 108th Congress, and the Senate version his excellent statement. He outlined to enact comprehensive transportation of the SAFE Port Act which we passed the issue very well. security legislation that would have in the 109th Congress. I emphasize two points the Senator addressed many of the gaps in other The Commerce Committee unani- made. First is the cost. The National modes of the transportation system. mously reported this bill along with S. Governors Association has estimated Today we begin to correct that short- 509, the Aviation Security Improve- that compliance with the requirements coming with the proposed legislation ment Act, and S. 385, the Interoperable of the REAL ID card will impose $11 before us. Emergency Communication Act, on billion of costs on State governments The Commerce title to the substitute February 13, 2007, and these provisions over the next 5 years. Yet we have ap- amendment before the Senate address- are included in the substitute amend- propriated only $40 million to be used es transportation security for our rail, ment before us today as title 13. toward that cost, and of that amount motor carrier, and pipeline industries. The surface and rail provisions in the Department of Homeland Security The economic importance of these title 13 require the Department of has only allocated $6 million, so only a three industries can not be overstated. Homeland Security and the Transpor- tiny fraction of the expected cost. While 95 percent of the Nation’s tation Security Administration to ex- The second point I emphasize is the cargo comes through our ports, our rail pand existing security initiatives and Department of Homeland Security has system and our motor carriers move develop grant programs to assist pri- yet to issue the regulations detailing these goods from our coasts and bor- vate-sector surface transportation se- how States are to comply with the law. ders, through the interior of this coun- curity efforts. The title authorizes $1.1 So to expect the States to comply by try, to their final destinations. To- billion over fiscal years 2008 through May of next year with regulations that gether, these systems are the backbone 2011. have yet to be issued is simply unfair that sustains our economy. The rail title of the substitute and will add another layer of costs be- In terms of rail security, the Nation’s amendment requires railroad risk as- cause of the short time for compliance. 560-plus freight railroads own more sessments and plans for improving rail

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4897 security. It also authorizes grants to to the screener workforce in the areas In this capacity, NTIA has histori- Amtrak, freight railroads and others to of behavior observation, and explosives cally played an important role in as- upgrade passenger and freight rail se- detection. To address ongoing problems sisting public safety personnel in im- curity, undertake research and devel- in developing an advanced passenger proving communications interoper- opment, and improve tunnel security. prescreening system, the aviation pro- ability and recognizing that effective Additionally, the title encourages visions in title 13 would ensure a sys- solutions involve attention to issues of the deployment of rail car tracking tem is in place to coordinate passenger spectrum and government coordination equipment for high-hazard material redress for those individuals as well as funding. shipments, requires railroads to create misidentified against the ‘‘no-fly’’ or Today, our first responders continue a railroad worker security-training ‘‘selectee’’ watchlists. The TSA must to struggle in their efforts to improve program, and provides whistleblower also submit a strategic plan to Con- the interoperability of their systems. protection for rail workers who report gress for the testing and implementa- The statutory guidance provided to security concerns. tion of its advanced passenger NTIA in this legislation will help them The surface transportation security prescreening system. in these efforts. provisions in title 13 of the substitute To increase General Aviation, GA, se- First, the provision would make clear amendment promotes tracking tech- curity, the title will require a threat that proposals to improve interoper- nology for truck shipments of high- assessment program that is standard- able communications are not solely hazard materials and requires new ized and focused on GA facilities. It limited to systems or equipment that guidance and assessments pertaining to will further require foreign based GA utilize new public safety spectrum that hazardous materials truck routing. aircraft entering U.S. airspace to have will be vacated following the digital The title also establishes programs their passengers checked against ap- television transition. for reviewing and enforcing hazardous propriate watchlists to determine if In a letter to the majority leader ear- materials and pipeline security plans there are any potential threats on lier this year, Mayor Bloomberg of New and requires the TSA to develop pipe- board. York City noted the significant efforts line incident recovery plans. Title 13 of the substitute amendment of his city to improve communications Additionally, the title authorizes the includes a number of additional provi- interoperability for first responders existing grant program for improving sions that will take significant steps utilizing systems in other public safety intercity bus and bus terminal secu- toward strengthening aviation security spectrum bands, and urged Congress to rity. generally. eliminate the apparent eligibility re- Finally, the title clarifies, at the Title 13 will also authorize research striction in current law. As a result, TSA’s request, the Secretary of Home- and development spending for aviation our provisions make clear that if the land Security’s legal authority for ini- security technology, remove the arbi- project will improve public safety tiating an administrative enforcement trary cap of 45,000 full-time equiva- interoperability, it is eligible for fund- proceeding for violations of security lent—FTE—employees currently im- ing. regulations relating to nonaviation posed on the TSA’s screener workforce, In addition, the provisions provide modes of transportation. and mandate security rules for foreign the NTIA Administrator to direct up to Regarding aviation security, title 13 aircraft repair stations. $100 million of these funds for the cre- addresses all the recommendations in In addition, this title will require the ation of State and Federal strategic the 9/11 Commission’s report, including TSA to develop a system by which the technology reserves of communications cargo and baggage screening, explosive Administrator will provide blast-resist- equipment that can be readily deployed detection at airport checkpoints, pas- ant cargo containers to commercial in the event that terrestrial networks senger prescreening, airport access passenger air carriers for use on a ran- fail in times of disaster. controls, and general aviation security. dom or risk-assessed basis, implement Recently, an independent panel cre- The title requires the TSA to provide a sterile area access system that will ated by FCC Chairman Kevin Martin to for the screening of all cargo being car- grant flight deck and cabin crews expe- review the impact of Hurricane Katrina ried on commercial passenger aircraft dited access to secure areas through on communications networks noted the within 3 years. The system must allow screening checkpoints, and require a impact that limited pre-positioning of for a level of screening ‘‘comparable’’ doubling of the DHS’s existing dog communications equipment had in to that of checked baggage screening team capacity used for explosive detec- slowing the recovery process. As a re- and ensure the security of all cargo tion across the Nation’s transportation sult, these provisions will help to en- that is shipped on passenger aircraft. network. sure that our focus on interoperability The aviation provisions in title 13 ad- In addition to transportation secu- also considers the importance of com- vance the deployment of electronic Ex- rity, title 13 also includes the text of S. munications redundancy and resil- plosive Detection Systems, EDS, at 385, the Interoperable Emergency Com- iency. airports across the nation by extending munications Act, which I introduced Second, the provisions ensure that the Aviation Security Capital Fund earlier this year with Senators STE- funding allocations among the several that is used to integrate such machines VENS, KERRY, SMITH, and SNOWE. Under States result in a fair distribution by into the baggage conveyor process. the foresight and leadership of Senator requiring a base amount of funding—.75 The title also bolsters the existing STEVENS, during the Deficit Reduction percent—to be distributed to all grant program through changes in Act, the Commerce Committee created States. funding allocation requirements re- a new $1 billion fund administered by On top of these minimum allocations, quiring a prioritized schedule for such the National Telecommunications and the provision would further require projects that will increase flexibility Information Administration—NTIA—to that prioritization of these funds be for funding options. support state and local first responders based upon an ‘‘all-hazards’’ approach Our legislation recognizes the threat in their efforts to talk to one another that recognizes the critical need for ef- presented by passengers transporting during emergencies. fective emergency communications in explosives through security check- The interoperable provisions in title response to natural disasters, such as points and promotes key changes to ad- 13 provide congressional direction on tsunami, earthquakes, hurricanes, and dress this risk. the implementation of that fund. tornadoes, in addition to terrorist at- Title 13 requires the TSA to produce Since its creation, NTIA has served tacks. a strategic plan to deploy explosive de- as the principal telecommunications Finally, NTIA’s administration of tection equipment at airport check- policy advisor to the Secretary of Com- the grant fund will not only help to in- points and fully implement that plan merce and the President, and manages tegrate the disparate elements that within 1 year of its submission. They the Federal Government’s use of the must be a part of effective interoper- must also provide specialized training radio spectrum. ability solutions, but will also ensure

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4898 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 greater program transparency and It is always an honor and pleasure to ‘‘(i) Espionage or conspiracy to commit es- oversight. Given the myriad of dif- work with Senator INOUYE. I thank him pionage. ferent grant programs administered by for the contributions he and Senator ‘‘(ii) Sedition or conspiracy to commit se- dition. the Department of Homeland Security, STEVENS and their committee have ‘‘(iii) Treason or conspiracy to commit it is critical that these funds—specifi- made to the overall movement in the treason. cally allocated by Congress to speed up Senate to improve our homeland secu- ‘‘(iv) A Federal crime of terrorism (as de- our efforts to improve communications rity. I thank the Senator very much. fined in section 2332b(g) of title 18), a com- interoperability for first responders— Mr. INOUYE. Madam President, I parable State law, or conspiracy to commit not get lost in the shuffle of other dis- thank the chairman for his kind words. such crime. aster and nondisaster grants. I yield the floor. ‘‘(v) A crime involving a transportation se- As a result, the provisions not only Mr. LIEBERMAN. Madam President, curity incident. devote NTIA’s attention to the success I suggest the absence of a quorum. ‘‘(vi) Improper transportation of a haz- ardous material under section 5124 of title 49, of this program, but also require the The PRESIDING OFFICER. The or a comparable State law. inspector general of the Department of clerk will call the roll. ‘‘(vii) Unlawful possession, use, sale, dis- Commerce to annually review the ad- The assistant legislative clerk pro- tribution, manufacture, purchase, receipt, ministration of this program. ceeded to call the roll. transfer, shipping, transporting, import, ex- The terrorists that seek to do us Mr. LIEBERMAN. Madam President, port, storage of, or dealing in an explosive or harm are cunning, dynamic, and most I ask unanimous consent the order for explosive device. In this clause, an explosive of all, patient. While they have not the quorum call be rescinded. or explosive device includes— successfully struck our homeland since The PRESIDING OFFICER. Without ‘‘(I) an explosive (as defined in sections objection, it is so ordered. 232(5) and 844(j) of title 18); September 11, 2001, it does not mean ‘‘(II) explosive materials (as defined in sub- they are not preparing to do so. Mr. LIEBERMAN. Madam President, sections (c) through (f) of section 841 of title They work 24 hours a day, studying I yield to the Senator from South Caro- 18); and every move we make, looking for some lina, who has come to the floor to offer ‘‘(III) a destructive device (as defined in weakness to exploit. It is imperative an amendment. 921(a)(4) of title 18 and section 5845(f) of the that we stay ahead of them. The PRESIDING OFFICER. The Sen- Internal Revenue Code of 1986). We must recruit, train, and deploy a ator from South Carolina is recognized. ‘‘(viii) Murder. ‘‘(ix) Making any threat, or maliciously skilled and dedicated security force. AMENDMENT NO. 279 TO AMENDMENT NO. 275 We must research and implement the conveying false information knowing the Mr. DEMINT. Madam President, I ask same to be false, concerning the deliverance, most effective and cutting edge tech- to set aside the pending amendment. placement, or detonation of an explosive or nologies to enhance the capabilities of The PRESIDING OFFICER. Without other lethal device in or against a place of that security force. And we must pro- objection, it is so ordered. public use, a State or other government fa- vide communications equipment to our Mr. DEMINT. Madam President, I cility, a public transportation system, or an first responders that is interoperable thank the managers of this bill for the infrastructure facility. and accessible in the immediate after- time and effort they have put into it. It ‘‘(x) A violation of the Racketeer Influ- enced and Corrupt Organizations Act (18 math of a disaster. is almost 400 pages long, and it con- Simply put, our entire economy re- U.S.C. 1961 et seq.), or a comparable State tains numerous provisions. I look for- law, if 1 of the predicate acts found by a jury lies on a well-functioning, secure trans- ward to working with the Senator from or admitted by the defendant consists of 1 of portation system, and we must ensure Connecticut, Mr. LIEBERMAN, and the the crimes listed in this subparagraph. that the system, and the passengers Senator from Maine, Ms. COLLINS, in ‘‘(xi) Attempt to commit any of the crimes and cargo that use it, are well pro- the coming days to make this bill bet- listed in clauses (i) through (iv). tected. ter. I call up amendment No. 279. ‘‘(xii) Conspiracy or attempt to commit The steps we take in the coming The PRESIDING OFFICER. The any of the crimes described in clauses (v) months will impact our safety, secu- through (x). clerk will report the amendment. ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- rity, and one of our most essential free- The assistant legislative clerk read doms—movement—for years to come. FENSES.—Except as provided under paragraph as follows: (2), an individual is disqualified from being We must commit ourselves to ensuring The Senator from South Carolina [Mr. issued a biometric transportation security that our transportation security re- DEMINT] proposes an amendment numbered card under subsection (b) if the individual mains a priority and is as strong and 279 to amendment No. 275. has been convicted, or found not guilty by effective as possible. The amendment is as follows: reason of insanity, during the 7-year period The provisions before the Senate this ending on the date on which the individual week that were reported out of the (Purpose: To specify the criminal offenses applies for such card, or was released from that disqualify an applicant from the re- incarceration during the 5-year period end- Commerce Committee make that com- ceipt of a transportation security card) mitment. ing on the date on which the individual ap- At the appropriate place, insert the fol- plies for such card, of any of the following We have worked over the past several lowing: felonies: years with our colleagues and with the SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- ‘‘(i) Unlawful possession, use, sale, manu- TSA and DHS and with the FCC and PORTATION SECURITY CARDS TO facture, purchase, distribution, receipt, NTIA to address concerns, improve on CONVICTED FELONS. transfer, shipping, transporting, delivery, initial efforts, and plan for the future. (a) IN GENERAL.—Section 70105 of title 46, import, export of, or dealing in a firearm or Now, it is time to act and to pass these United States Code, is amended— other weapon. In this clause, a firearm or provisions, so we can continue to move (1) in subsection (b)(1), by striking ‘‘de- other weapon includes— forward. cides that the individual poses a security ‘‘(I) firearms (as defined in section 921(a)(3) The PRESIDING OFFICER. The Sen- risk under subsection (c)’’ and inserting ‘‘de- of title 18 and section 5845(a) of the Internal termines under subsection (c) that the indi- Revenue Code of 1986); and ator from Connecticut is recognized. vidual poses a security risk’’; and ‘‘(II) items contained on the United States Mr. LIEBERMAN. Madam President, (2) in subsection (c), by amending para- Munitions Import List under section 447.21 of I thank Senator INOUYE for his extraor- graph (1) to read as follows: title 27, Code of Federal Regulations. dinary leadership in these matters. The ‘‘(1) DISQUALIFICATIONS.— ‘‘(ii) Extortion. committees have differing jurisdic- ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(iii) Dishonesty, fraud, or misrepresenta- tions, all aimed at supporting home- OFFENSES.—Except as provided under para- tion, including identity fraud and money land security. The Commerce Com- graph (2), an individual is permanently dis- laundering if the money laundering is re- mittee sections we are proud to have qualified from being issued a biometric lated to a crime described in this subpara- transportation security card under sub- graph or subparagraph (A). In this clause, put together with the parts that came section (b) if the individual has been con- welfare fraud and passing bad checks do not out of the Homeland Security Com- victed, or found not guilty by reason of in- constitute dishonesty, fraud, or misrepresen- mittee, as well as parts that came out sanity, in a civilian or military jurisdiction tation. of the Banking Committee. of any of the following felonies: ‘‘(iv) Bribery.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4899 ‘‘(v) Smuggling. ‘‘(iv) otherwise poses a terrorism security ual abuse, unlawful use of a firearm, ‘‘(vi) Immigration violations. risk to the United States.’’. extortion, fraud, bribery, smuggling, ‘‘(vii) Distribution of, possession with in- (b) CONFORMING AMENDMENT.—Section immigration violations, racketeering, tent to distribute, or importation of a con- 70101 of title 49, United States Code, is robbery, drug dealing, arson, or con- trolled substance. amended— ‘‘(viii) Arson. (1) by redesignating paragraphs (2) through spiracy to commit any of these crimes. ‘‘(ix) Kidnapping or hostage taking. (6) as paragraphs (3) through (7); and These regulations were developed ‘‘(x) Rape or aggravated sexual abuse. (2) by inserting after paragraph (1) the fol- after an extensive process that in- ‘‘(xi) Assault with intent to kill. lowing: cluded consultation with the Depart- ‘‘(xii) Robbery. ‘‘(2) The term ‘economic disruption’ does ment of Justice and Transportation to ‘‘(xiii) Conspiracy or attempt to commit not include a work stoppage or other em- identify individuals who have a propen- any of the crimes listed in this subpara- ployee-related action not related to ter- graph. rorism and resulting from an employer-em- sity to engage in unlawful activity, ‘‘(xiv) Fraudulent entry into a seaport ployee dispute.’’. specifically activity that places our ports at risk. These regulations gov- under section 1036 of title 18, or a comparable Mr. DEMINT. Madam President, the erning who can gain access to our sea- State law. amendment I have offered, No. 279, is ‘‘(xv) A violation of the Racketeer Influ- ports are nearly identical to the regu- very simple. It codifies the recent regu- enced and Corrupt Organizations Act (18 lations that govern those who can gain lations issued by the Department of U.S.C. 1961 et seq.) or a comparable State access to our airports as well as those Homeland Security which bans certain law, other than any of the violations listed who can transport hazardous material in subparagraph (A)(x). criminals from gaining security access in our country. ‘‘(C) UNDER WANT WARRANT, OR INDICT- to our seaports. My amendment is MENT.—An applicant who is wanted, or under needed to protect these regulations These prohibitions are crucial be- indictment, in any civilian or military juris- from outside groups that may chal- cause individuals who engage in this diction for a felony listed in this paragraph, lenge them in court, as well as from fu- type of unlawful activity have a great- is disqualified from being issued a biometric er likelihood to engage in these acts or transportation security card under sub- ture administrations that may repeal or weaken them. in acts that put American ports and section (b) until the want or warrant is re- American lives at risk. Our law en- leased or the indictment is dismissed. My amendment is also bipartisan and ‘‘(D) DETERMINATION OF ARREST STATUS.— should not be controversial. It was forcement officials understand this ‘‘(i) IN GENERAL.—If a fingerprint-based unanimously adopted by this body last risk. They understand the threat our check discloses an arrest for a disqualifying year as part of the SAFE Port Act ports face when traditional criminals, crime listed in this section without indi- which passed 98 to 0. Unfortunately, it particularly organized criminals, work cating a disposition, the Transportation Se- was gutted by the conference com- with terrorists. For example, the FBI curity Administration shall notify the appli- recently apprehended a member of the cant of such disclosure and provide the appli- mittee behind closed doors, and that is why I am offering it again today. Russian mafia attempting to sell mis- cant with instructions on how the applicant siles to an FBI agent who he believed can clear the disposition, in accordance with As my colleagues know, the Mari- clause (ii). time Transportation Security Act re- was acting as a middleman for terror- ‘‘(ii) BURDEN OF PROOF.—In order to clear a quires the Transportation Security ists. disposition under this subparagraph, an ap- Agency, TSA, to develop a biometric Joseph Billie, Jr., the FBI’s top coun- plicant shall submit written proof to the security card for port workers at our terterrorism official, recently com- Transportation Security Administration, not seaports that can be used to limit ac- mented that the FBI is continuing to later than 60 days after receiving notifica- look at a nexus between organized tion under clause (i), that the arrest did not cess to sensitive areas within a sea- result in conviction for the disqualifying port. The security card is called a crime and terrorists, and they are criminal offense. transportation worker identification looking at this very aggressively. The ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— card or, as we sometimes call it, a threat not only comes from criminals If the Transportation Security Administra- TWIC. working directly with terrorists, it tion does not receive proof in accordance The law requires that the Secretary also comes from criminals who may with the Transportation Security Adminis- issue this card to any individual re- look the other way when a suspect con- tration’s procedures for waiver of criminal questing it unless the Secretary deter- tainer comes from a port. Joseph King, offenses and appeals, the Transportation Se- a former Customs Service agent and curity Administration shall notify— mines that the individual poses a ter- ‘‘(I) the applicant that he or she is dis- rorism security risk or if the individual now a professor at the John J. College qualified from being issued a biometric has been convicted of treason, ter- of Criminal Justice, outlined the con- transportation security card under sub- rorism, sedition, or espionage. To clar- cern very clearly: ‘‘It is an invitation section (b); ify who poses a security risk, the De- to smuggling of all kinds,’’ he said. ‘‘(II) the State that the applicant is dis- partment of Homeland Security re- ‘‘Instead of bringing in 50 kilograms of qualified, in the case of a hazardous mate- cently issued regulations that bar cer- heroin, what would stop them from rials endorsement; and tain serious felons from receiving these bringing in 5 kilograms of plutonium?’’ ‘‘(III) the Coast Guard that the applicant is The nightmare scenario here is where a disqualified, if the applicant is a mariner. TWICs. Specifically, the regulations criminal at one of our ports who may ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— permanently bar from our ports crimi- Except as provided under subparagraphs (A) nals convicted of espionage, sedition, think he is just helping a friend smug- through (C), an individual may not be denied treason, terrorism, crimes involving gle in drugs inadvertently helps smug- a transportation security card under sub- transportation security, improper gle in a weapon of mass destruction. section (b) unless the Secretary determines transport of hazardous material, un- That is a risk we cannot take. that individual— lawful use of an explosive device, bomb I offered this amendment last year to ‘‘(i) has been convicted within the pre- threats, murder, violation of the RICO address this threat and to ensure that ceding 7-year period of a felony or found not guilty by reason of insanity of a felony— Act, where one of the above crimes is a serious felons are kept out of our ports. ‘‘(I) that the Secretary believes could predicate act, and conspiracy to com- My amendment codified in statute the cause the individual to be a terrorism secu- mit any of these crimes. then-proposed TWIC regulations. As I rity risk to the United States; or The Department of Homeland Secu- said earlier, my amendment was unani- ‘‘(II) for causing a severe transportation rity regulations also bar recent fel- mously adopted and was included in security incident; ons—defined as those convicted within the Senate-passed version of the SAFE ‘‘(ii) has been released from incarceration the last 7 years or incarcerated in the Port Act that passed 98 to 0. Unfortu- within the preceding 5-year period for com- last 5 years—from gaining access to nately, my amendment was also com- mitting a felony described in clause (i); ‘‘(iii) may be denied admission to the our ports if they have been convicted of pletely gutted behind closed doors in United States or removed from the United any of the following felonies: assault the conference committee. The provi- States under the Immigration and Nation- with intent to murder, kidnapping or sion went from addressing a list of 20 ality Act (8 U.S.C. 1101 et seq.); or hostage-taking, rape or aggravated sex- serious felons to a list of just 4. These

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4900 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 4 felonies are so rare that the con- ports. The stakes here are simply too for the amendment he has offered. We ference committee made the provision high. worked together when last this subject almost meaningless. As for the concern that barring these came before the Senate to bring about I am extremely disappointed by the individuals will empty the ranks of the a result that I believe was a good one stealth opposition to this measure. I port workforce, the facts don’t agree. and in the public interest, which was cannot understand who would oppose When the Department of Homeland Se- that the Secretary of Homeland Secu- banning serious felons from gaining se- curity issued nearly 350,000 ID cards for rity issued regulations to create an cure access at our American ports. hazmat truckdrivers and subjected identity card. The card has a mar- While no Senator has been willing to them to the same background check velous acronym, which doesn’t sound publicly oppose this measure, the long- that is required by my amendment, as serious as it is. The acronym is shoremen’s labor union was more than only 3,100 were rejected. That is less TWIC, transportation worker identi- happy to take credit for gutting the than 1 percent. The fact is, we are talk- fication card. This is one of the neces- provision. Late last year, the Inter- ing about an isolated group of serious sities of the post-9/11 age, that we need national Longshore and Warehouse felons here, and the workforce in the to move toward some filter for people Union claimed credit for killing the United States is dynamic enough to working in areas that now have become provision in the SAFE Port conference supply the few thousand longshoremen higher vulnerability areas and are committee. They stated in their news- who may be needed to replace those we more likely targets for terrorism. Un- letter: let go. fortunately, that includes our ports We have heard rumors that Senator Finally, some may say these felonies and, obviously, includes our airports as DEMINT is particularly angry with the do not represent serious crimes. To well, which have a separate ID program union’s successful lobbying effort to strip his that, I would ask any of my colleagues on which they are working. anti-labor provision. He may attempt to to tell me which individual he or she I know there is some hope within the amend another piece of legislation, so the wants working at our ports where secu- Department of Homeland Security that union will stay on guard to protect its mem- rity is so important: Murderers? Extor- we are moving toward a more common bers’ interests. tionists? Drug dealers? Bomb makers? I program for a similar background Apparently, this union has stayed on just want to hear the rationale for check and card for postal workers at a guard because it was able to get five trusting these criminals with our na- host of different transportation-related Senators to object to this vital home- tional security. locations to protect them and us from land security measure when I tried to The bottom line is this: My amend- potential terrorist attacks. pass it the second time late last year. ment applies nearly the same protec- Senator DEMINT, I gather from his I wish I could say that the unions tions to seaports that are already ap- statement—and I appreciate his inten- would stop at fighting this legislation plied at our airports. It will make us tions here—intends by this amendment on the Senate floor, but they are also safer by keeping individuals who have to codify in law the regulations the De- gearing up to mount a legal battle shown a willingness to break the law partment of Homeland Security has es- against Department of Homeland Secu- outside our ports. This is extremely tablished for these identification cards rity regulations. In response to a Wall important. We can spend all the money for workers at our ports. I want to take Street Journal editorial on the subject, in our Treasury trying to screen cargo, a look at it. I know Senator COLLINS the union stated that the TWIC secu- but if we don’t screen the people who does as well. We want to work with rity regulations were ‘‘ . . . double work at our ports, we cannot expect to Senator DEMINT. jeopardy and unconstitutional.’’ This is be safe. Clearly, the intention here is one we a clear indication that they have a I do wish to thank several people for all share, which is to do everything we legal challenge in mind. It seems clear supporting this important policy. can, within reason and respectful of that once longshoremen start applying First, I thank the Senator from Maine, common sense and constitutional for TWIC cards and some members are Ms. COLLINS, who was very helpful to rights, to secure our critical transpor- rejected because they are convicted fel- me during the debate on the SAFE tation facilities, including our ports. I ons, the labor unions are going to take Port Act last year. I also thank the rise now to simply thank the Senator the Department of Homeland Security Senator from Connecticut, Mr. LIEBER- for offering his amendment, to tell him to court and try to bog the regulations MAN, for his support. I should also say we will consider it with some thought- down in lengthy legal battles. The con- that the Senator from Hawaii, Mr. fulness and look forward to working sequence will be that as we continue to INOUYE, was also helpful in getting this with him as we move toward a vote on fight this global war on terror, Amer- provision into the bill. this amendment. ica’s ports will be staffed by serious fel- This is a bipartisan proposal, and it I thank the Chair, and I yield the ons who cannot be trusted. should not be controversial. Americans floor. Some of my colleagues may be expect us to check and verify the na- The PRESIDING OFFICER. The Sen- tempted to come to the defense of the ture of the people who work at our sea- ator from Georgia. longshoremen. They will say that the ports, and we have a responsibility to Mr. CHAMBLISS. Mr. President, individuals in question have paid their ensure that happens even if it upsets a what is the pending business? debt to society and barring them is labor union that feels compelled to The PRESIDING OFFICER. The gutting our port workforce. They may protect the jobs of a small group of se- DeMint amendment is the pending also claim that the crimes listed in the rious felons. My amendment codifies in business. Department of Homeland Security reg- statute these important security regu- Mr. CHAMBLISS. I ask unanimous ulations are somehow not related to lations, and I hope all of my colleagues consent that amendment be set aside homeland security. These objections will support it. and I be allowed to speak on the Col- are just plain wrong. I appreciate the opportunity to speak lins amendment, No. 277, please. I don’t disagree that convicted felons on this important measure, and I will The PRESIDING OFFICER. Without should be given a second chance. I hope be happy to work with the bill man- objection, it is so ordered. they get back on their feet and become agers to arrange a time to come back AMENDMENT NO. 277 productive members of their commu- to the floor if further debate is needed. Mr. CHAMBLISS. Mr. President, I nities. What I disagree with is that we I thank the Chair for this time, and I rise today in support of the amendment should give serious felons a pass, lit- yield the floor. offered by my colleague from Maine, erally and figuratively, to access the The PRESIDING OFFICER (Mr. Senator COLLINS, relative to the issue most secure areas of America’s port in- MENENDEZ). The Senator from Con- of REAL ID. I was back in my State frastructure. When they are fresh out necticut. last week, as most of us were, and I had of prison, we should not trust them Mr. LIEBERMAN. Mr. President, I the opportunity to speak to our legisla- with the most vulnerable areas of our thank our friend from South Carolina ture and visit with members of both

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4901 the State house and the State senate in The PRESIDING OFFICER. The Sen- TAXES Atlanta, and I cannot tell you the ator from Maine. Mr. GRASSLEY. Mr. President, as angst and apprehension that I saw Ms. COLLINS. Mr. President, I thank everybody who follows Congress on a among members of my legislature over the Senator from Georgia for his sup- regular basis knows, when you get this issue of REAL ID. port and his excellent comments. This close to the month of March, we are in When I got back I did not understand is a carefully drafted amendment. It budget season. The President sent his why there would be that much concern doesn’t rewind the clock in terms of budget to the Hill, which he does regu- about the issue. I was not sure how this throwing out the work that the Depart- larly, the first week of February, about thing came about. When I checked with ment has done, but it recognizes that it a month ago. So now it is up to the my staff I found out, as Senator ALEX- is simply unreasonable to expect Congress. In the next few days the Sen- ANDER said this morning in his com- States to comply by May of next year ate Budget Committee will be marking ments, that this was a measure that with complex and costly regulations up our budget resolution. was stuck into the Katrina appropria- that the Department has yet to issue. For the public at large, don’t confuse tions bill that did not go through com- The Department has yet to issue the a budget resolution, which is a dis- mittee, we did not have debate on it on detailed guidance that the States need. cipline for Congress on budgeting, with the floor of this body, and I don’t think It also recognizes that the quality of appropriations bills that actually give anybody here understood the real con- the final regulations will be improved the President the authority to spend sequences of it. by the formation of a committee with money. They come along a little bit When the 19 hijackers came to this State officials, privacy advocates, later in the year. country and carried out the horrific at- technological experts, and Federal offi- At a minimum, the budget resolution tack on September 11, they were in cials sitting down, looking at the regu- will lay out the fiscal priorities of the possession of 63 driver’s licenses issued lations, and providing input to the De- next 5 years. As everyone knows, the by various States around the country. partment on their proposed regulations American people spoke last November That should never have happened, and and also providing that input to us. and sent a Democratic majority to we need to make sure it does not hap- The third provision of the amend- both Houses of Congress. For the first pen again. But the fact is, I don’t think ment would increase the waiver au- time in 12 years, Democrats will take anybody understood the consequences thority that the Secretary can have if the initiative on the Senate budget. As of this REAL ID Act as it pertains to it proves that there are technological ranking Republican on the Finance that particular issue of driver’s li- barriers to complying with certain pro- Committee, which deals with taxes, censes. visions of the law. I think this is a rea- trade, Social Security, Medicare, and In 1994, when I was elected to the sonable approach to a real problem. Medicaid, and also as the senior Repub- House of Representatives, we talked a Finally, let me say to my colleagues, lican on the Budget Committee, which lot about unfunded mandates. The Pre- the estimates for the cost of compli- is the committee that sends the budget siding Officer was a Member of that ance with this law are as high as $11 to the Senate, I am eager to see the di- body. He remembers well we had a lot billion over the next 5 years. This is a rection the new Democratic majority of conversations about unfunded man- huge unfunded mandate on the States. wants to take on fiscal policy for this dates coming out of Washington to our My hope is through our approach we year, but the budget also has long-term State and local officials and organiza- can come up with more practical, cost- implications of 5 years. tions that were required to fund those effective means of achieving a goal There are a lot of questions I am mandates that we passed. There is no that all of us share and that is improv- waiting to get answered. What will be bigger unfunded mandate that we have ing the security of driver’s licenses their plan on pay-go, which means pay passed lately that is more atrocious that are used for Federal identification as you go? With spending at higher- than this particular mandate. purposes, such as boarding an airplane. than-average levels of our economy, I applaud Senator COLLINS for look- There is a real need to have a secure what kind of spending discipline will ing at this issue, for deciding that it is driver’s license, but let’s do it in a the Democratic majority show? On the a real, practical problem. It is an issue practical, collaborative way, and let’s revenue side of the ledger, will Demo- that needs to be dealt with. Her amend- make sure there is adequate time to crats look to prevent a tax increase on ment makes a lot of sense. It does not comply. virtually every American taxpayer a repeal the law. What it does is to say I thank the Senator from Georgia for few years down the road, when the that the law is not going to be imple- his support and for his excellent com- present tax policy sunsets, or will the mented until 2 years following the ments. Democratic majority, without a vote, issuance of the regulations. Here we I ask unanimous consent that the set in motion, then, the largest Federal are, with this law supposed to be imple- Senator from Georgia, Mr. CHAMBLISS, tax increase of all time? This is a fact. mented by our State legislatures this be added as a cosponsor of the Collins It will happen. When we have a year, and we don’t even have the regu- amendment, No. 277. sunsetting of tax law, it is possible to lations coming out of the Department The PRESIDING OFFICER. Without have a tax increase without Congress of Homeland Security yet. They don’t objection, it is so ordered. voting it. In this particular instance, know how to carry out the provisions Ms. COLLINS. Mr. President, I sug- this would put in place the biggest Fed- of this law. gest the absence of a quorum. eral tax increase ever. I support the Collins amendment, No. The PRESIDING OFFICER. The Over the next few days, I want to 277. I think it makes an awful lot of clerk will call the roll. talk about the tax issues—I want to do sense. It allows us to go back in and The assistant legislative clerk pro- it topic by topic—that are going to take a more thorough look at this par- ceeded to call the roll. come up during debate on the process ticular issue and decide how we can ac- Mr. GRASSLEY. I ask unanimous of the budget. There are probably many complish the results that the REAL ID consent that the order for the quorum ways to do it, but this is how I split the Act wants to accomplish but at the call be rescinded. general subject into topics: One, the same time not burden our States with The PRESIDING OFFICER. Without importance of preventing a tax hike on a mandate that none of us intended to objection, it is so ordered. virtually all American taxpaying fami- impose upon them. Mr. GRASSLEY. Mr. President, I ask lies and individuals. That is what I I do support this amendment. I hope unanimous consent to speak as in want to visit about today. Next is the when the time comes it will receive not morning business for 20 minutes. I negative economic consequences of only passage but significant numbers don’t think I will use all that time. If sunsetting the bipartisan tax relief to support the passage of this amend- I need more time, I will ask for it. plan that will be the biggest tax in- ment. The PRESIDING OFFICER. Without crease in the history of the country I yield the floor. objection, it is so ordered. without a vote of the people, if we

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4902 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 don’t do something about it. Then an- If we look at the media sources that You won’t see them talk about the other time, I am going to review Demo- are sympathetic to the views of the number of married couples who benefit cratic tax increase offset proposals Democratic leadership or the liberal or the average family benefit from with a specific focus on the limits and think tanks, we will find hard-line op- marriage penalty relief. problems associated with those tax in- position to tax relief and a lot of tax Today I am going to take a few min- creases. increase proposals but, likewise, no utes and shed some light on the side of Next I will focus on one particular proposal reining in spending. They will the debate about extending bipartisan ill-defined but often mentioned offset; claim the mantle of fiscal responsi- tax relief. Lord only knows, there is that is, reducing the tax gap. Every- bility but won’t show anything on the not much light shed on these impor- body is for reducing the tax gap, and I spending side other than spending in- tant facts, because everybody is talk- am working with Senator BAUCUS to do creases. For these folks, when it comes ing about tax relief for the rich. I will that. He is chairman of our committee. to deficit reduction, there is only one acknowledge the critics’ point on the But there has to be realism brought side of the Federal ledger. That is rais- macro cost of extending tax relief. But into that debate, and I hope to provide ing taxes. keep in mind, a liberal’s tax relief cost that realism. Then fifth and last, tax We have a Federal Government that is a conservative’s tax hike, when we reform and simplification, its necessity is projected to spend $2.7 trillion for are talking about extending current and bipartisan opportunities to do so. this fiscal year alone and is projected law. They are the two sides of the same These discussions are meant to be to spend $33.7 trillion over the next 10 taxpayer’s coin. I will agree to that about the revenue side of the budget. years. Yet leadership on the other side number, but call it a $1.9 trillion tax But before we get into the revenue side of the aisle, the liberal think tanks increase. of the budget, I want to issue a chal- that back them up, and the media that So I am going to follow the Demo- lenge to my friends on the other side of helps them get their message out so cratic leadership plan and dismantle the aisle. It is a challenge I have made easily and is sympathetic to their the bipartisan tax relief package bit by over the last few years. It is in the con- views, can’t find a dollar of savings on bit. I am also going to challenge the text of intellectually honest budgeting. the spending side. To these folks, with Democratic leadership to show us the It is also in the context of the bipar- all due respect, I want to call them money by indicating whether they tisan record of the Finance Committee out. They won in November. The Con- want to scrap each piece as I move on tax policy over the last few years. gress is in their hands. Let’s see some through the package. Which pieces That tax policy has been led by this credibility on the spending side of the would they scuttle? I will work Senator, when I was chairman, and by ledger. Show the taxpayers the money. through the bipartisan tax legislation piece by piece. Senator BAUCUS working with me dur- Show me a proposal to restrain spend- Let’s start, then, with the basis for ing that period of time, or Senator ing and put it to deficit reduction. the 2001 bipartisan tax relief measure. BAUCUS, now leading the committee That is a preliminary point. That is the new 10-percent bracket. and, hopefully, my always working Now I will move to talk about pre- The revenue loss for this part of the with him as he worked with me. venting tax hikes. The same group’s package is $299 billion over 10 years, That bipartisan record of the Senate position on current law tax relief is according to the Joint Committee on Finance Committee shows about $200 radically different than its position on Taxation. The 10-percent bracket is a billion of revenue raisers from antitax spending restraint. Back in 2001 and huge piece of tax relief for low-income shelter measures and corporate loop- 2003, Congress approved, and the Presi- people. The 10-percent bracket does hole closures, basically doing some- dent signed, legislation that provided that. No wonder 100 million families thing about abuse of the Tax Code, un- across-the-board tax relief to nearly and individual taxpayers benefit from intended by Congress, by people who every American taxpayer. The Demo- the 10-percent bracket. I do not think can hire very sophisticated lawyers to cratic leadership, liberal think tanks, anybody wants to dismantle that piece. find ways around paying taxes. We and sympathetic east coast media But I want to hear that from the have closed $200 billion of those, and it criticized tax relief on a couple of Democratic leadership because that is has been bipartisan. So when I hear grounds. One charge was that the tax a compromise of their position of from self-styled deficit hawks, or from relief was a tax cut for the rich. The whether the 2001 tax increases ought to the media, who are sympathetic to other charge was that the bipartisan sunset. those points of view that we need high- tax relief was fiscally irresponsible. Where do we go next, then? The mar- er taxes to reduce the deficit, I believe Nonpartisan Joint Committee on ginal tax rate cuts, which include the the Finance Committee has anted up in Taxation distribution tables actually 10-percent bracket, lose $852 billion terms of producing revenue raisers put a lie to that first charge. The over 10 years, according to the Joint without raising general levels of tax- record levels of revenue show that the Committee on Taxation. That proposal ation on the American people. growing economy, the expanding U.S. reduces the taxes of approximately 100 Here is my challenge, and I will ask economy, and economic stimulus from million families and individuals across my friends to listen up. Anyone on the tax relief better the Nation’s fiscal sit- America. It appears some folks think other side who considers themselves a uation, bringing in more tax dollars, 35 percent is too low of a top rate. Well, deficit hawk needs to prove it, then, on not depriving the Federal Treasury of guess what. Repealing the marginal the spending side. Compared to our dollars. rate cuts hits small business—the big- committee already raising revenue by This debate on preventing tax in- gest source of new jobs in this great $200 billion by closing tax loopholes creases is often couched only in macro- country of ours—and it hits small busi- and tax abuse, show me, then, a spend- economic terms. We will hear what it ness the hardest. ing restraint proposal for deficit reduc- ‘‘costs’’ to extend bipartisan tax relief. The Treasury Department estimates tion. I issued that challenge several We will hear very big numbers. For in- 33 million small business owners who years ago and have issued it repeat- stance, the Joint Committee on Tax- are taxed on their business income at edly. No one from the other side has ation projects that the revenue loss individual rates benefit from the mar- stepped up. We can look and look and from making the bipartisan tax relief ginal rate cuts. Repealing these cuts look and we won’t find such a proposal. permanent is $1.9 trillion over the next would cause 33 million small business All of those liberal think tanks that 10 years. That is the way the Demo- owners to pay a 13-percent penalty. Do oppose tooth and nail any kind of tax cratic leadership, liberal think tanks, the Democratic leaders want to raise relief are usually advocates of spending and sympathetic east coast media will taxes on these small business tax- increases, all of this under the guise of define proposals to prevent a tax hike. payers, restricting the ability of small fiscal responsibility. We won’t find any We won’t see them talk about the num- business to create jobs? proposals to restrain spending from ber of families who benefit from the ex- Treasury also projects that small these liberal think tanks. tension of the $1,000 child tax credit. business gets over 80 percent of the

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4903 benefits of the cuts in the top two ing everything off in 1 year instead of Why, then, undo bipartisan—with rates. Do we want to raise the tax rates stretching it out over 10 years. This is emphasis upon ‘‘bipartisan’’—tax cuts on these people—small businesses for a commonsense, bipartisan proposal that make the Tax Code actually more the most part—by 13 percent? Does and directed specifically to small busi- progressive? Now get that, not regres- that make any sense? So to the Demo- ness—the engine that creates new jobs. sive; it is more progressive now than cratic leadership, what do you say? According to IRS Statistics of Income, before the tax bill of 2001. How about the death tax relief pack- 6.7 million small businesses across the As folks on both sides of the aisle age? The Joint Committee on Taxation country benefited from this expensing say, budgets are about priorities. As scores that package at $499 billion over provision in 2004. If we do not make it the Democratic leadership draws up its 10 years. Most of the revenue loss is at- permanent, small businesses face a tax budget, we will hear a lot of talk about tributable to increasing the exemption increase of $19 billion over 10 years and a big number for extending tax relief. amount and dropping the rate to 45 probably sputtering the engine that It is a big number. It is the biggest tax percent on already taxed property. Is it creates so many jobs in America. Does increase ever. It is going to affect near- unreasonable to provide relief from the the Democratic leadership think small ly every American taxpayer. death tax or should we raise the death business expensing is an unwise tax If leadership now in the majority of tax on small businesses and family policy? this body, because of the results of the farms? That is what will happen if the Continuing on through the bipartisan last election, decides to propose the bipartisan tax relief package is not ex- tax relief package, let’s take a look at biggest tax increase in history in the tended. So to the Democratic leader- education tax relief. This package, name of deficit reduction, I will be ship, what is your take on that provi- which will help Americans deal with looking for that one, single dollar of sion? college education costs, scores at $12 spending restraint I never see. Now, Do the opponents want to repeal the billion over 10 years by the Joint Com- maybe we will see it, but I will bet we proposal to double the child tax credit, mittee on Taxation. IRS Statistics of would not. Only time will tell, and it which the 2001 bill does? Mr. President, Income show nearly 16 million families will be within the next 2 or 3 weeks. 31.6 million families benefit from the and students benefited from this tax Mr. President, I yield the floor. I do child tax credit, according to the Joint relief in 2004. not think I see any colleagues who Committee on Taxation. Or how about In this era of rising higher education wish to speak, so I suggest the absence the refundable piece that helps 16 mil- costs, should we gut tax benefits for of a quorum. lion kids and their families? That pro- families to send their kids off to col- The PRESIDING OFFICER. The posal loses $135 billion over 10 years. I lege? Does the Democratic leadership clerk will call the roll. do not think we would have a lot of think that is the way to go, which The bill clerk proceeded to call the takers on that one. They are going to would be the way we would go if Con- roll. want to extend that. Democratic lead- gress does nothing and you let this tax Mr. NELSON of Florida. Mr. Presi- ership, do you agree? law sunset? dent, I ask unanimous consent that the How about the lower rates on capital Finally, families where both parents order for the quorum call be rescinded. gains and dividends? Thirty-three mil- work have to deal with childcare ex- The PRESIDING OFFICER. Without lion Americans—a good number of penses. The tax relief package includes objection, it is so ordered. them low-income seniors—benefit from enhanced incentives for childcare ex- Mr. NELSON of Florida. Mr. Presi- the lower tax rates on capital gains penses. Mr. President, 5.9 million fami- dent, I ask unanimous consent to speak and dividends, according to the Joint lies across America benefit, according as in morning business. Committee on Taxation. Does the to the Joint Committee on Taxation. The PRESIDING OFFICER. Without Democratic leadership think we should Does the Democratic leadership think objection, it is so ordered. raise taxes on these 33 million Ameri- we ought to take away these childcare SPACE STATION SAFETY REPORT cans benefiting from these lower tax benefits? That is what would happen if Mr. NELSON of Florida. Mr. Presi- rates? That would be families and indi- the tax cuts of 2001 were sunset. It dent, there was a space station task viduals. would happen without a vote of the force safety report released yesterday On a side note, in another speech, I Congress either. which points out a number of hazards will be talking about the worrisome Now, I have taken you through about as we are now in the process of com- Goldman Sachs economic report on the $1.9 trillion of tax relief. It sounds like pleting the space station. Remember adverse economic effects of failing to a lot in abstraction, but it provides re- that we have this multibillion-dollar extend lower rates on capital gains— lief to every American who pays in- structure about 300 miles above the this line right here, as shown on the come tax. I would ask any of those who Earth, with a crew of three, and even- chart—when it expires. want to adjust or restructure—and tually it will have more of a com- There are consequences to what Con- those are words that are used around plement, of five or six, which will have gress does. When you have a booming here about this tax relief package the ongoing, full-time responsibility of economy, there could be very detri- passed in 2001—do you want to adjust it scientific experiments. Right now it is mental consequences to the country or restructure it? Where would you cut about two football fields long. During when you take away the incentives in this package? the completion, which will occur over that have had this economy exploding Would you hit the 10-percent bracket, the next 3 years, it will have all the ad- like not any time since the early 1990s. driving up the taxes of low-income peo- ditional appendages, including the Let’s take a look at the marriage ple? Would you hit small business tax international laboratory we need to penalty piece. It is the first marriage relief and sputter the growth machine, conduct all of the experiments that we penalty relief we delivered in over 30 the job machine of America; or the now want. Yet the task force that released years. The Joint Committee on Tax- refundable child tax credit, and hurt its report yesterday says there are cer- ation scores this proposal at $52 billion low-income people; or the death tax re- tain inherent hazards that we have al- over 10 years, and Treasury estimates lief; or the marriage penalty relief; ways known about, such as meteorites that in 2004, nearly 33 million married dividends and capital gains relief; edu- striking and/or space debris. couples benefited from this tax relief. cation tax relief; or childcare tax re- The U.S. Air Force catalogs all of the Again, I do not think many folks would lief? I hope not. Because in a recov- space debris. Therefore, we have the want to raise taxes on people because ering economy, with above-average lev- ability, if something really got in the they decided to be married. I hope the els of individual income tax, as a per- way, to actually maneuver the space Democratic leadership would agree centage of GDP, even with the tax re- station out of the way of that debris— with that statement. lief package in place, which areas if we know where that debris is. The Another proposal is expensing for would you adjust, which areas would same is true with weather and recon- small businesses; in other words, writ- you restructure? naissance satellites. I don’t need to say

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4904 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 anything about weather satellites here. going to have a velocity of 17,500 miles amendment, to speak about these two Everybody knows because it is obvious an hour. With the space station going parts of the bill. what technology we have today to see at a different orbit, you start to see the The first is about what is one of the the approaching storms, and if you live kind of kinetic energy that could rain most significant changes the bill would on the coast and it is during the sum- from such a collision. So it complicates make; that is, to establish for the first mer, it is all the more important, be- it, and it complicates it not only for time a dedicated grant program to as- cause of an inbound hurricane, that ev- the American space program but for sist States and localities in creating erybody is prepared. every space program on planet Earth, interoperable communications systems Well, what is preparing us? It is not and that is the problem. to be used to protect the American peo- only that airplane that is flying into That is what the Chinese have done ple in time of emergency. The ability the hurricane, it is those satellites for us. Yet there has been a suspicious of first responders to communicate that are constantly tracking the posi- silence of anybody speaking out in the with one another is fundamental at a tion of that hurricane. Those are world community about what the Chi- time of disaster. Yet time and time threatened by this space debris, which nese have done in space. There was an again over the years, disasters have oc- brings me to share with my colleagues: intellectual discussion about China curred, and police, firefighters, and Isn’t it interesting that there has al- having shown they have the capability emergency medical workers are unable most been a strange silence throughout of targeting an antisatellite to hit a to exchange critical information with the world for the last 6 weeks after the satellite, which is a significant feat. one another, even indications of their Chinese tested their antisatellite mis- But in the process, they ignored the location. Sometimes, as we saw in Katrina, certainly, not only is this a sile, which created a debris field that is threats now to all of the human and problem of their not being able to com- 100 times more than any debris that nonmanned assets that are up there, municate with one another, it is a has been created, and because of its al- not just for our country but for every problem of their not being able to com- titude, some 500 miles, it is going to be country in the world that depends on a municate at all. There is a painful and years before all of that debris is pulled satellite or a spacecraft of some kind. tragic cost to this failure to commu- back to Earth by the gravitational pull That is what we are facing. That is nicate or to interoperate with others in of the Earth? what we have to figure a plan for. I law enforcement, and that is that lives It is that debris field of thousands of hope the Chinese who have had sin- are lost. particles, as a result of the Chinese gular success—and this Senator has in- This is a problem which was in- rocket destroying a Chinese satellite vited their Chinese astronaut to come tensely made clear to all of us on Sep- by hitting it and exploding all of the here and visit, and he did. This Senator tember 11, 2001 and again during kinetic energy in parts into the vacu- has congratulated them on their space Katrina, but it is not new. In 1982, the um of space, that now we have a new accomplishments. But this time China record shows, communications difficul- threat not only to our space station has done something in accomplishing ties frustrated the recovery efforts in but also to all of our weather satellites something technologically that has en- response to the crash of the Air Florida and our reconnaissance satellites. So dangered the other nations of the world plane right here in Washington, DC. In my colleagues can imagine the head- with the manned and the unmanned 1995, again the record shows commu- ache now for the U.S. Air Force of try- programs. nications difficulties complicated the ing to track all of that Chinese debris, That is what is facing us. This is only response to the terrorist bombing of much more so I think just from that the first the Chinese have heard from the Alfred P. Murrah Federal Building one explosion, more debris than all the this Senator about how they have en- in Oklahoma City, OK. In 1999, commu- other debris that is up there. It is dangered the interests of planet Earth. nications difficulties again slowed the going to take several years before it Mr. President, I yield the floor and response to the shootings at Columbine ever comes down because of the alti- suggest the absence of a quorum. High School near Littleton, CO. tude where the kinetic energy occurred The PRESIDING OFFICER. The Then came 9/11. The story of the com- when the vehicle slammed into the tar- clerk will call the roll. munication breakdown among New get, which was an old Chinese weather The bill clerk proceeded to call the York City’s first responders is well satellite. roll. known. It is well known because it cost So as we are looking at the future of Mr. LIEBERMAN. Mr. President, I the lives of some of the bravest Ameri- NASA and the completion of the space ask unanimous consent that the order cans, some on duty and some off duty, station and the saving of the Hubble for the quorum call be rescinded. who rushed to the aid of their fellow space telescope, which has opened vast The PRESIDING OFFICER (Mr. citizens and fellow first responders. vistas of new knowledge to us about PRYOR). Without objection, it is so or- But there were other communications the heavens and about the origin of the dered. breakdowns on September 11, 2001, as universe, thanks to the Chinese, as we Mr. LIEBERMAN. Mr. President, I well—less well known but also break- do this we now have to worry about rise to speak about two parts of the bill downs that hampered the response at something that could be lethal to our that is before us, the Improving Amer- the Pentagon and in Shanksville, PA. astronauts and cosmonauts who are on- ica’s Security Act, which is really the After an in-depth look at the three board the space station. attempt by our committee and the incidents I have described—the Pen- Some of the things they are talking Senate to finish the job the 9/11 Com- tagon, the World Trade Center, and the about in this report released yesterday mission gave us to protect the security plane that went down in Pennsylvania include some kind of special curtains of the American people from terrorist on 9/11—the 9/11 Commission wrote: they put over the windows that would attack and also to adopt for the first The occurrence of this problem at three give extra protection to the glass of time a national all-hazards defense very different sites is strong evidence that compatible and adequate communications the space station windows. Others are strategy that would set up a system among public safety organizations at the talking about protective blankets they that would not only be aimed at pre- local, State, and Federal level remains an might put over very sensitive areas of venting and, if, God forbid, necessary, important problem. the space station that could be hit by responding to a terrorist attack but That was the 9/11 Report which came debris. This debris could be coming at also being ready and preparing every out in 2004. We are now at the end of a velocity of 10,000 miles per hour be- level of government to be ready to re- February 2007, and that problem re- cause, if it is in a different orbit and spond to a natural disaster. mains as real and intense as ever. suddenly it crosses the orbit of the The amendment offered by the Sen- The Commission recommended expe- space station and hits it—remember, ator from South Carolina is pending. I diting and increasing the assignment of going around the Earth in orbital ve- wanted, in the interim, hoping others radio spectrum for public safety pur- locity is 17,500 miles an hour. If that will come to the floor to offer other poses. In 2005, as part of the Deficit Re- debris hits at right angles, you are amendments or speak on that pending duction Act, Congress set February

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4905 2009 as the deadline for broadcasters to yond the ability of State and local gov- What do we want at that point? A transition to digital signals, which will ernment themselves to provide. That is Tower of Babel, where people cannot free up much-needed spectrum for first why title III of the legislation before communicate with one another, or the responders. A lot of us, including my- the Senate, the Improving America’s ability, easily, as part of a national self, believed that delay to February Security Act, establishes a dedicated communications plan, to do so? Obvi- 2009 was too long. The occupant of the interoperability grant program for first ously, the latter is what we want. chair remembers that well; we stood responders which will put us on the States, incidentally, which would be together on that. But so be it, that is path to nationwide operability and the recipients of this money, would be what it is. interoperability, capable of surviving required to pass at least 80 percent of Since that time, Hurricane Katrina and helping America survive a poten- the grant funding to local and tribal devastated the gulf coast, particularly tial terrorist attack or a natural dis- governments. The money could then be the great city of New Orleans, and re- aster. used for a range of activities: planning, minded us again how much more needs This is an important investment, a system design, engineering, training, to be done to improve communications kind of leverage for the Federal Gov- exercises, procurement, and installa- operability, to sustain the very oper- ernment to create in partnership with tion. ation of an emergency communications the States and local governments. Of We also include a minimum amount system, and interoperability, the abil- course, part of the reason there is not of funding for each State because inter- ity of different first responders to com- only financial need but programmatic operability is an all-hazards concern. municate with one another. policy justification for this. The kinds In other words, we are having a well-in- The communications infrastructure of attacks, the kinds of natural disas- tentioned, good-faith debate about in Louisiana and Mississippi at the ters we are talking about, as we saw homeland security grants and to what time of Hurricane Katrina was deci- most painfully in Katrina, have na- extent—as some would say—should mated. Once again, difficulties in com- tional consequences. The Federal Gov- they all be distributed based on risk or municating among officials and first ernment needs to be there to make be distributed with a minimum amount responders significantly impeded res- some additional investments on which going to each State? cue and relief efforts. Mississippi Gov- the State and local governments will In this case of interoperability of ernor Haley Barbour drove the point build. communications, it seems to me the home when he said the chief of the Na- The legislation, S. 4, before the Sen- argument is compelling there ought to tional Guard in Mississippi ‘‘might as ate today authorizes $3.5 billion over 5 be some element that gives a minimum well have been a Civil War general for years, beginning in the coming fiscal to each State because what we are try- the first 2 or 3 days’’ because in order year. That is on top of the $1 billion ing to establish is a national emer- to get information, he had to use run- interoperability grant program to be gency communications system that ners. His runners had helicopters in- administered by the Department of will be ready to respond not just to a stead of horses, but the point was Commerce during this fiscal year, the potential terrorist attack, but to nat- clear. The lack of operable or inter- result of previous legislation. This is ural disasters which, obviously, can operable communications equipment the beginning of moving toward a gen- occur anywhere in the country. In put first responders in that disaster uine national system, if we can adopt other words, the ability for first re- back about a century and a half. this and fund it, a call to the States sponders and other emergency respond- The Homeland Security and Govern- and localities to match that money, ers to communicate with one another, mental Affairs Committee, which is each in their own way, so we can build either by voice or through data shar- proud to claim the Presiding Officer as this survivable network of communica- ing, is necessary regardless of the na- a member, investigated the prepara- tions. ture of the emergency. tions for and response to Hurricane Individual States will be able to In short, we owe it to the memory of Katrina, a 9-month investigation that apply for grants under this new pro- the firefighters and police officers who produced a 700-page report and almost gram, which will be administered by gave their lives on 9/11, some of whom 90 recommendations. We enacted some FEMA, with assistance from the Office lost their lives because of the absence of those recommendations last fall as of Emergency Communications. The of interoperable communications, and part of the Post-Katrina Emergency committee was very anxious, as the to the commitment of first responders Management Reform Act. That legisla- Presiding Officer knows, to not only who struggled under such adverse cir- tion, which I am proud has largely be- create a fund of money and throw it cumstances to do their jobs in the come law, included ways to improve out there for every local official who aftermath of Hurricane Katrina, and to planning and coordination, establish a had some idea about how to create first responders and emergency man- much needed national emergency com- interoperable communications—all ap- agers today all across our country who munications plan, and strengthen tech- plications will have to be consistent are ready to respond in the time of our nical guidance and assistance to local with each State’s communications plan need to pass this legislation, to provide first responders. The newly created Of- and the national emergency commu- the funding necessary for this critical fice of Emergency Communications, nication plan which is being developed effort, and to move the Nation’s first which was created therein, will be re- and expanded by the new Office of responders toward real 21st century op- sponsible for carrying out many of Emergency Communications. In other erable and interoperable communica- those responsibilities. Like many of words, to get money, you have to prove tions in the face of disaster. the homeland security challenges we you are going to fit into a statewide I have one more topic I want to dis- face, achieving nationwide operability and national plan for interoperability cuss at this time. The one I have just and interoperability of communica- of communications. talked about—a dedicated fund for tions will require significant resources, Incidentally, the national element of interoperable communications—I think a lot of money. One estimate from our this is pretty obvious. In Katrina, you is one of the most significant parts of Government several years ago put the had a lot of first responders streaming the bill. It is the beginning of a trans- figure at $15 billion. Testimony before into the gulf coast, and New Orleans formational partnership between the the Senate Commerce Committee this particularly, when local first respond- Federal, State, local, and tribal gov- past month estimated that the cost ers were overwhelmed. They were all ernments that I am convinced will may be as high as $50 billion to create bringing their own communications have a measurable, significant effect a genuinely interoperable, disaster-re- systems with them. A similar response on the security of the American people. sistant communications system for our occurred—a really moving patriotic re- This next topic I want to talk about country. We don’t know the exact price sponse—after 9/11 to New York City, has to do with a provision in the com- tag, but we do know the costs will be with first responders from all over the mittee bill which extends employee significant. We do know they are be- country coming in. rights and protections to airport

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4906 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 screeners who work for the Transpor- at the time, however—remember, this But under the current state of the tation Security Administration. was right after 9/11—Congress gave the law, TSA screeners do not have any Frankly, I do not consider this to be a head of TSA broad authority to set per- right to an outside appeal when they major part of the bill. To me, it is cor- sonnel rules at his own discretion for believe they have been subject to un- recting an inequity that exists in cur- airport screeners. lawful retaliation because they blew rent law. I honestly do not know why In 2002, when Congress established the whistle on something or someone anybody would oppose it. I will listen the Department of Homeland Security else they saw doing something they to the arguments, but I want to con- to coordinate and strengthen our de- thought was wrong. trast it with the section I just de- fenses against manmade and natural Second, TSA is not bound and the scribed, because if the last 24 hours are disasters, TSA was removed from the screeners are not protected by the Re- any indication, this section may re- Department of Transportation and put habilitation Act. So TSA is not bound ceive more attention than any other into the Department of Homeland Se- to make reasonable accommodations section of the bill. The White House curity. for a disabled screener still able to per- has indicated it will veto the bill if this At that time, Congress engaged in ex- form his duties. This is the basic section is in it. I respectfully do not tensive debate with quite serious par- mindset we have overcome in recent understand that. tisan and political overtones about how decades, that somebody who may be Colleagues, I know, are preparing to to apply civil service law to employees disabled in one way is—if I can make come to the floor to try to strike this at the new Department. This was an up a word—abled in many other ways section from the bill. I think this sec- amalgam of 22 different agencies, al- and perhaps, therefore, able to carry tion is an act of elemental fairness, most 180,000 employees, most of whom out the responsibilities of a screener at granting quite limited employee rights were coming already with their own one of the security checkpoints we to airport screeners who are now de- employee rights—their own rights— have all gone through. We have all nied—I am using this term beyond its most particularly, to join a union. gone through them, so we know there judicial meaning—equal protection Ultimately, and contrary to my own are a number of those functions that that is enjoyed by most every other position, Congress authorized the De- could be performed by somebody who Federal employee, including most partment of Homeland Security Sec- may have a disability. But there is no every other Federal employee involved retary to waive certain provisions of right to appeal if an employee, a in security. civil service law which Congress and screener, thinks they have been dis- So I hope, one, we do not spend a dis- the President believed were necessary criminated against based on that. proportionate amount of time on this for national security purposes. TSOs—that is, screeners—are allowed section; and, two, we do not allow it to Meanwhile, since 2001, TSA has de- to join a union, but they cannot collec- get in the way of us fulfilling our ur- clared itself exempt from laws enforc- tively bargain as other security forces gent responsibility to finish the job of ing the most basic employee protec- at DHS and throughout the Federal enacting the recommendations of the 9/ tions, including the Whistleblower Pro- Government can do. Nor can TSOs 11 Commission, which S. 4, the legisla- tection Act, the Rehabilitation Act claim an unfair labor practice with the tion before us, would do. protecting Federal employees with dis- independent Federal Labor Relations I wish to spend a few moments talk- abilities, the Federal Sector Labor- Authority. ing about this section of the bill. The Management Relations statute, appeal I want to stress something. Screeners fact is, since the Transportation Secu- of adverse personnel actions to the at TSA can join a union. They cannot rity Administration was created in Merit Systems Protection Board, and strike. There is nothing in this small 2001, TSA screeners have been denied veterans preference laws. provision in S. 4 that will give them the same employment rights and pro- In each case, the Transportation Se- the right to strike. There is nothing in tections as almost all of their fellow curity Agency has devised its own this provision that will give them the workers in TSA. In fact, they have version of these fundamental employee right to strike. I fear people hearing been denied the same rights and pro- protections substantially below the about this provision may think we tections that are enjoyed by most of standard that Congress and the Presi- want to extend some employee rights their fellow employees at the Depart- dent decided were appropriate gen- to TSA screeners and may think, oh, ment of Homeland Security, such as erally for DHS employees. my God, at a time of crisis these people the Border Patrol and Customs and Im- So now you have this anomaly be- will just walk off their jobs and strike. migration officers. cause of this unusual statutory history It is illegal. They cannot do it. It is the TSA screeners—often also known as where TSA screeners have a much same limitation that is on Federal em- TSOs, transportation security offi- lower level of employee protection ployees who have collective bargaining cers—are familiar to most Americans than most of the other employees at rights generally. It is just that these because we see them at every airport the Department of Homeland Security. screeners have much less, many fewer across our country. Thanks, in part, I It is now 5 years after the agency was rights than others do. They cannot believe to their hard work and dili- established, and TSA screeners still claim an unfair labor practice with the gence, we have been spared a repeat of lack those basic rights that are avail- independent Federal Labor Relations September 11, and air travel generally able to their colleagues at DHS and Authority. is safer than it was before that day. throughout the Federal Government. Finally, unlike the rest of the Fed- They deserve to be treated equally in That is exactly the inequity this small eral Government, TSA limits the vet- their employment rights. It is long provision in this bill, S. 4, aims to erans preference in hiring and other past time to provide the same protec- overcome. personnel decisions to veterans who re- tions to TSA screeners as are enjoyed For example, TSA screeners have no tired from the Armed Services, and de- by their colleagues. individual right to appeal to the Merit nies the preference to those who were I wish to take just a moment to re- Systems Protection Board when they honorably discharged. Of course, it is view the history of how this inequality believe they have been subject to un- the vast majority of men and women came to exist. Shortly after the Sep- lawful retaliation for protected whis- who have served our country in uni- tember 11 attacks, Congress federalized tleblowing activity. OK, this is exactly form who are honorably discharged as the work of passenger and baggage what we want employees of the Federal opposed to serving until the time of screeners at U.S. airports. TSA was Government to do. They are our rep- their retirement. But they do not get created within the Department of resentatives. We are paying them. If any veterans preference in hiring and Transportation. It was subject gen- they see something wrong going on, we other personnel decisions at the TSA. erally to the same personnel rules as want them to blow the whistle, and we Is that a big deal? It is if you are a vet- the Federal Aviation Administration. do not want them to be punished as a eran. One of the things this provision Responding to the sense of emergency result. in this bill would say is that, the full

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4907 veterans preference should apply for people need to ensure aviation secu- The PRESIDING OFFICER. Is there TSA screeners. rity. From conversations I have had objection? So that is the amendment we adopt- with screeners, simply taking a step to Mr. LIEBERMAN. Mr. President, for ed, the literal effect of which is to in- put them on an equal plane with every- the moment I am going to object on be- struct the Secretary of Homeland Se- body else in TSA or DHS in terms of half of Senator COLLINS who is co-man- curity to include TSA screeners, either their employee rights will go a long aging the bill with me because no one under the departmentwide human re- way toward creating the kind of mo- has looked at the amendment. sources management system or under rale, devotion to work, and avoidance The PRESIDING OFFICER. Objec- the specialized system that now applies of workplace injury that will better tion is heard. to TSA employees other than the serve our Nation. I know the Adminis- The Senator from California has the screeners, in the most specific way, trator of TSA, Kip Holley, has recently floor. which leaves no ground—no gaps for made some efforts to improve per- Mrs. FEINSTEIN. Thank you very misunderstanding. Although there are sonnel management, but I believe they much, Mr. President. The amendment I people, I fear, who are misunder- haven’t gone far enough, and this am seeking to bring up is a bill that standing or misstating it, this amend- amendment will take them a large step has been reported out of the Judiciary ment simply and directly says that forward. Committee, and essentially what it TSA screeners have to be included I want to say finally that when the would do is ensure the confirmation of under the departmentwide DHS human Homeland Security and Government all U.S. attorneys by the Senate. resources management system, or Affairs Committee marked up the bill, What happened was that in 2006, an under the specialized system that ap- there was apparently a Transportation amendment went into the PATRIOT plies to TSA employees other than the Security Agency screener by the name Act that allowed the administration to screeners. of A.J. Castilla who was there in the appoint an interim U.S. attorney in- I know critics of this provision are public section of the room. Later he definitely without confirmation. In the arguing right now that TSA needs wrote a note of thanks in which he early part of this year, I believe it was flexibility to manage the screener said: on January 6, I learned that six U.S. workforce in a way that provides secu- We TSOs aren’t asking for special treat- attorneys had been called and sum- rity when, where, and how it is needed, ment, merely to be made whole and equal marily told they were to resign effec- such as when the threat level is raised, again in the eyes of the law. tive a specific date in January. I was or when a new threat becomes evident, A.J. Castilla is committed to his job, told by the person who gave me the in- or when unexpected problems arise at a is as committed as any other employee formation that there was something particular location so the Adminis- of the Department of Homeland Secu- suspicious about that. I didn’t know, so trator of TSA would want to move rity or the Transportation Security I began to look into it. screeners from one airport to another. Administration, and it is time to give Well, I received a new story today This argument is not based on fact. him and every other TSA screener par- about one of those U.S. attorneys, and The concerns are misplaced. The com- ity with those other Federal employees if I might, I will read it to this body. It mittee bill, in this small section, re- so that they may better do the critical is an article by Marisa Taylor of the tains flexibility for the TSA Adminis- work we ask and need them to do. McClatchy Newspapers: trator to promptly redeploy employees, I appreciate the opportunity to speak The U.S. Attorney from New Mexico who at some length about these two provi- change their assignments, or otherwise was recently fired by the Bush administra- sions. Both are, I think, important. respond to problems as they arise. The tion said Wednesday that he believes he was One is a dedicated grant program for forced out because he refused to rush an in- bill recognizes this is a department interoperable communications that, as dictment in an ongoing probe of local Demo- which has to have the flexibility, the I said, I think will have a critical effect crats a month before November’s congres- management flexibility, to respond to and I hope we will discuss the positive sional elections. emergencies. In granting these TSA David Iglesias said two Members of Con- effect. The second, I am afraid, will be screeners the same employee rights gress separately called in mid October to in- discussed more than it deserves. That most everybody else within the Depart- quire about the timing of an ongoing probe provision is fair. It is simple equity. It ment, including people involved in bor- of a kickback scheme and appeared eager for treats working people with the fairness der patrol, for instance, and other secu- an indictment to be issued on the eve of the they deserve, and in fact will improve elections in order to benefit the Republicans. rity functions, we retain nonetheless our security, not hamper it, as its crit- He refused to name the Members of Congress the flexibility of the administrator to ics say. I urge my colleagues to look at because he said he feared retaliation. redeploy his forces at a time of crisis. both carefully, and particularly when Two months later, on December 7, Iglesias There is another reason to do this, I an amendment is offered, as I fear it became one of six U.S. Attorneys ordered to believe, apart from equity, and that step down for what administration officials will be, to strike the section that goes to the effectiveness of the TSA have termed ‘‘performance-related issues.’’ would correct the inequity now suf- Two other U.S. Attorneys also have been screeners and the Department of Home- fered by transportation screeners, land Security employees generally. asked to resign. when it comes to the floor, that my Iglesias, who received a positive perform- Personnel management at TSA, the colleagues will come, will listen, and ance review before he was fired, said he sus- record will show, has been troubled ultimately will vote to reject that pected he was forced out because of his re- since its inception. The record will amendment. fusal to be pressured to hand down an indict- show the agency has experienced un- I thank the Chair, I yield the floor, ment on the ongoing probe: usually high rates of attrition—people I believe that because I didn’t play ball, so and I suggest the absence of a quorum. to speak, I was asked to resign, said Iglesias, leaving, unusually high rates of work- The PRESIDING OFFICER (Mr. place injury, high rates of absenteeism, who officially stepped down on Wednesday. SANDERS). The clerk will call the roll. Iglesias acknowledged that he had no proof and other indications of low employee The legislative clerk proceeded to that the pressure from the congressional morale. Anybody in the private sector call the roll. members prompted his forced resignation, will tell you if you have high attrition, Mrs. FEINSTEIN. Mr. President, I but he said the contact in and of itself vio- high workplace injury, absenteeism, ask unanimous consent that the order lated one of the most important tenets of a and low morale, you have a problem, for the quorum call be rescinded. U.S. Attorney’s Office: Don’t mix politics and the problem is going to mean the The PRESIDING OFFICER. Without with prosecutions. The article goes on. service you are intending to provide is objection, it is so ordered. Now this is only one element of this not going to be what you want it to be. AMENDMENT NO. 269 story. The matter has been the subject I would say those problems interfere Mrs. FEINSTEIN. Mr. President, I of a hearing in the Judiciary Com- with establishing and maintaining the ask unanimous consent to set aside the mittee. Legislation is ready to come core of experienced and professional pending amendment and call up before the floor. I have introduced it as screeners we need, that the American amendment No. 269. an amendment. We approved it in the

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4908 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 Judiciary Committee with a bipartisan lican political operatives to assume the public corruption, the major nar- vote. I think the time has come to do these roles to give them a leg up and cotics cases, the immigration cases, two things. One would be for the Judi- fire or require the resignation of these the complicated Federal law they carry ciary Committee—and I hope it will, U.S. attorneys. out—I think every Member of this body and I believe the chairman of the Sub- When I began to inquire into it, I would believe that confirmation by the committee on Administrative Over- asked whether interviews for replace- Senate for every U.S. attorney should sight and The Courts, Senator SCHU- ments were taking place within these be assured. This amendment will carry MER, is interested in doing this—to offices, particularly in San Diego. At that forward. issue subpoenas to have these U.S. at- that time, no one in the office was I was shocked to read about David torneys come before the Committee to being interviewed as a replacement. Iglesias. I don’t know whether it is ac- answer questions about how their de- Since these hearings have begun, indi- curate. I know it appeared in the news. manded resignations took place. viduals within the office have been Based on that, he has said he believes Generally, a U.S. attorney is ap- interviewed. In fact, one has been ap- he was forced out for a political reason. pointed for a term of four years, but pointed to fill in for former U.S. Attor- There is only one way to find out, and serves at the pleasure of the President. ney Carol Lam. that is for the Judiciary Committee to If he wants to fire them he can. How- I truly believe there was an effort to issue subpoenas, have these U.S. attor- ever, U.S. attorneys have very com- use this section of the PATRIOT Act neys come before us, and ask a number plicated and very difficult cases and I reauthorization to bring political of hard questions. believe they must have some level of operatives into these offices, and I I am hopeful this body will see fit to independence. The FBI, as we have think it is a matter of urgency for us pass this amendment. It is simple, heard in our oversight hearings, has to pass the legislation that was marked short, direct, and it solves the problem. raised the level of public corruption in up by the Judiciary Committee. Absent I yield the floor. their investigations. that, there is no recourse, other than The PRESIDING OFFICER. The Sen- So if the FBI investigates a case and to issue subpoenas, to have these ator from Maine is recognized. comes up with the evidence, a U.S. at- former U.S. attorneys come before the Ms. COLLINS. Mr. President, know- torney is obviously bound to prosecute committee and be able to ask them ing the Senator from California as I do, that case. How this affects David some hard questions. I am certain a lot of the issues she has Iglesias, I don’t know. But the fact I think when a U.S. attorney who has raised are serious ones, deserving of that these people all had very good per- served, and served well, is summarily scrutiny. They are, however, under the formance reviews causes me a great dismissed for no real reason, it is a jurisdiction of the Judiciary Com- concern. I wish to read from those per- problem. We all know the U.S. attor- mittee and not the Homeland Security formance reviews. ney in San Diego brought the prosecu- Committee. As such, I don’t feel that I, The performance review for John tion of a Member of the House of Rep- at this time, have the expertise or the McKay of the Western District of resentatives who is serving consequen- knowledge to evaluate the amendment Washington says: tial time for major felonies and had that has been filed by the Senator from ‘‘McKay is an effective, well-regarded and subpoenas outstanding for other Mem- California. That is why I am objecting capable leader of the [U.S. attorney’s office] bers of the House and was summarily to the amendment. It is not because of and the District’s law enforcement commu- told in December that she should re- its merits but because it is not rel- nity,’’ according to the team of 27 Justice sign—in this case—by the end of Janu- evant to this debate. I have not had a Department officials. ary. That is not right. chance to look at it, and it is not in David Iglesias, about whom I read So the only way I know to right the the jurisdiction of the Homeland Secu- the news story, of the District of New wrong is to restore the law to where it rity Committee. Mexico, got this performance review: was before the PATRIOT Act reauthor- I will say to my colleagues that the The [U.S. Attorney] had a highly effective ization. That law is this amendment Senator from Connecticut and I have firearms violence initiative and active and and the amendment is very simple. It been working very hard in a bipartisan effective program to address drug traf- simply says that the Attorney General way to try to keep the focus of this bill ficking. may appoint an interim U.S. attorney on issues to improve our homeland se- Daniel Bogden, District of Nevada: to a vacancy for 120 days. After 120 curity. We were very pleased that, de- United States Attorney Bogden was highly days, if a nominee has not been con- spite the overwhelming importance of regarded by the federal judiciary, the law en- firmed by the Senate, the district court the debate on Iraq, there had been an forcement and civil client agencies, and the agreement by our leaders to try to staff of the United States Attorney’s Office. in the district where the vacancy exists He was a capable leader of the [office]. can make an appointment. This pro- keep that debate for the next issue to come before the Senate, rather than Bud Cummins, who many of us know, vides the incentive for the administra- having it tied in with this bill. Simi- in the Eastern District of Arkansas: tion to move a nominee. I should say there are 13 vacancies, of which only 3 larly, the families of the victims of 9/11 The U.S. Attorney had an active, well managed anti-terrorism program . . . The nominees have presently been sent to have made a plea to all of us to focus Project Safe Neighborhoods initiatives were the Senate. If you combine those 13 va- on this bill and to keep extraneous being effectively implemented and success- cancies with the seven new vacancies, issues off this bill and rather focus on fully managed. then over 20 percent of the U.S. attor- issues the 9/11 Commission raised. That Carol Lam, Southern District of Cali- ney positions could be filled without is what we are attempting to do. I have fornia, including San Diego, whom I Senate confirmation if we assume the no doubt this is an important issue, an am very familiar with: intent was not to send a nominee to issue that is worthy of debate, an issue Carol Lam was an effective manager and the Senate. Of course, the administra- that is worthy of scrutiny by the Judi- respected leader in the District . . . Appro- tion will decry this and say that is not ciary Committee, based on the expla- priate management procedures and practices the case. Nonetheless, there were 13 va- nation of the Senator from California, were in place to ensure a quality written cancies and now seven new vacancies for whom I have a great deal of respect. work product. with only 3 nominees before the Judici- But it is an issue that is completely These are some of the snippets from ary Committee for review and for ap- outside the jurisdiction of the Home- the reviews. But clearly, the perform- proval by the full Senate. land Security Committee. ance of these U.S. attorneys was not a If the law is left as it is, any Attor- For that reason, my hope is the Sen- reason to fire them. ney General or President could essen- ator from California will look at this I truly believe what the Department tially appoint every single U.S. attor- as an opportunity to educate us on the of Justice intended to do was what ney as an interim U.S. attorney, not issue but will not proceed with this they did in the Eastern District of Ar- subject to confirmation. If you con- amendment because it is not at all rel- kansas—bring in bright, young Repub- sider the work of the U.S. attorneys— evant to the bill before us.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4909 The PRESIDING OFFICER. The Sen- not only the Senator from California rest until we get to the bottom of this ator from New York is recognized. and I had but the concern throughout matter, to see what happened, to see if Mr. SCHUMER. Mr. President, I rise the country in law enforcement—non- possibly any rules, regulations, or even to follow up on the comments of my political, simply a desire to protect the laws were broken. By bringing it to friend from California, who has legisla- integrity of the U.S. attorneys. So we light, it will importune this body, the tion I am proud to cosponsor on the must do two things now. other body, and the White House to general issue of the fired U.S. attor- These new revelations are extremely pass legislation so that it cannot hap- neys. troubling. They would show politics at pen again. Mr. President, it is said that ‘‘where its worst—the long hand of the Justice Mr. President, in sum, this is serious there is smoke there is fire.’’ As we Department reaching out to fire U.S. stuff. When U.S. attorneys are fired for look at the case of the U.S. attorneys, attorneys who would not do what was political reasons, fired to stand in the that is more and more likely to be politically asked. At least that is a way of justice rather than promote jus- true. very real suspicion. So we must get to tice, it puts a dagger into the heart of Today, according to the McClatchy the bottom of this. The only way to do the faith Americans have in their Gov- Newspapers, one of the fired U.S. attor- that is to call before us the fired U.S. ernment and in their system of justice. neys from New Mexico said that ‘‘two attorneys and hear their side of the That faith, fortunately, is long and Members of Congress separately called story. deep, but if we don’t get to the bottom in mid-October to inquire about the I remind my colleagues that we did of this, if we don’t change the law to timing of an ongoing probe of a kick- have a briefing—the Senator from Cali- make sure it doesn’t happen again, we back scheme and appeared eager for an fornia was there, the Senator from will be weakening permanently our indictment to be issued on the eve of Rhode Island was there—and then were system of justice and the faith the pub- the elections in order to benefit the Re- shown the evaluation reports, the lic has in it. publicans.’’ EARS reports, and almost to a person We will move forward in whatever That is a quote in an article by the fired U.S. attorneys received very way we can. Hopefully, we will find it Marisa Taylor of the McClatchy News- good evaluations from their peers and is possible to subpoena these attorneys papers. Frankly, it comes as no sur- from everybody else. If you read those and subpoena them quickly and then prise to me. That is because David evaluations, you would say: Oh, they take the necessary action in these Iglesias, the U.S. attorney, told my will keep that person in office for as cases and prevent future cases from oc- staff the same thing the day before. He long as he or she wants to stay. But in- curring, which justice and the faith the asked, in fact, that he be brought to stead, they were fired. people have in the American system Washington—was willing, rather, to be In private conversations my staff has demand. brought to Washington, under the had with them, they have grave sus- I yield the floor. power of subpoena, to tell his story. We picions as to why—some of them more The PRESIDING OFFICER. The Sen- have inquired of the fired U.S. attor- than grave suspicions. Today, Mr. ator from Rhode Island. neys. The overwhelming majority of Iglesias said publicly what he told my Mr. WHITEHOUSE. Mr. President, them want to tell more but feel honor- staff privately, that he has a very trou- the remarks the Senator from Cali- bound not to do it, except if they were bling view that he may well have been fornia and the Senator from New York brought under the power of subpoena fired because he refused to bend his have made today are very well taken, to Washington. U.S. attorney’s office to politics of the and I rise to express my shared concern So I join certainly in the request of worst sort. with them and my support for their my colleague from California and oth- So there are two imperatives here. initiative to get to the bottom of what ers. I have already spoken to Senator One, as I said, is to get to the bottom took place. In May of 1994 I had the LEAHY, and we are examining how that of this and get to the bottom of it honor to be sworn in as Rhode Island’s can be accomplished. Senator LEAHY is quickly. The second is to pass legisla- U.S. attorney. It was one of the great very mindful of the fact that the Judi- tion that restores the appointment of honors of my life, equivalent to the ciary Committee doesn’t issue sub- U.S. attorneys away or at least re- great honor of being sworn in with you, poenas willy-nilly. But given the fact moves it somewhat from the political Mr. President, into this extraordinary that some of the U.S. attorneys ex- realm because when the Senate must body. I knew when I took that oath pressed a desire to testify, and others confirm or when an independent judge that I would be forced to make very said they would be willing to testify, must temporarily appoint, there is a hard decisions and that my independ- and now with these new revelations, check, there is a balance that was re- ence and my integrity would be my the fear many of us had that these U.S. moved, unbeknownst to almost all of strongest allies as I discharged the ex- attorneys were summarily fired not for us, in the PATRIOT Act. The minute traordinarily difficult and powerful re- no reason and not for a good reason but that passed, people were surprised and sponsibilities of a U.S. attorney. for a bad reason is coming closer to re- wondered: Why did it happen? The ex- Last December, seven U.S. attorneys ality. planation from the administration were fired by the Department of Jus- Mr. President, we must get to the didn’t quite ring true. Then, on the tice, all on the very same day. That is bottom of this issue. The U.S. attorney evening of December 7, when six U.S. unprecedented. Never, to my knowl- is the lead enforcer of the law in his or attorneys were called at once and fired edge, in the history of the Department her jurisdiction. Fortunately, for dec- and not given any reason, suspicions have so many heads of U.S. attorneys ades, the U.S. attorneys, almost with- went further. The investigations my rolled all on the same day. These men out exception, have been insulated subcommittee has had, with the help of and women had been confirmed in this from the political process, even though our chairman, the Senator from great Chamber. By all indications, they they are chosen in part by the political Vermont, and the Senator from Cali- were well qualified and performing well process. So when six were fired in one fornia, who has taken a keen interest in their jobs. Several of them were in- evening, and when it later became in this issue and is lead sponsor of the volved in ongoing public corruption in- clear in hearings I held that at least legislation, have gotten worse every vestigations. Yet in this unprecedented one, by the admission of the Deputy day. step, this administration showed them Attorney General, was fired for no rea- As I said at the beginning of my re- all the door. It suggests to us all the son, and a call from the White House to marks, the expression goes: Where question: why might such an extraor- suggest a replacement who was some- there is smoke, there is fire. Every day, dinary act have taken place; why were one with very little legal experience not only is there more smoke in this they told their services were no longer but someone who had worked for both investigation of the firing of the U.S. required? Karl Rove and the RNC, I believe it attorneys, but there seems to be, un- The Attorney General, Alberto was, you can imagine the concern that fortunately, a real fire. We will not Gonzales, told us this:

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4910 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 What we do is make an evaluation about publican National Committee research elections in order to benefit the Republicans. the performance of individuals, and I have a director. As those of us who have been He refused to name the members of Congress responsibility to the people in your district through this sort of thing know, ‘‘re- because he said he feared retaliation. . . . ‘‘U.S. Attorney Daniel Bogden, who also that we have the best possible people in search director’’ is not about looking these positions. stepped down Wednesday after being asked up old statutes; it is about prying into Deputy Attorney General Paul to leave in December’’ had it recently re- personal lives of other candidates in ported in the Wall Street Journal that the McNulty testified that ‘‘turnover in order to try to dig up dirt on them. FBI was investigating in his district allega- the position of U.S. attorney is not un- A more partisan choice could not tions ‘‘whether Nevada Governor Jim Gib- common.’’ have been made to replace Mr. bons performed any official acts on behalf of So the two suggestions that were a contract in exchange for gifts or payments. Cummins. Remember, Mr. MCNULTY Gibbons, a Republican, has denied any made were that this was performance said: related, that a performance evaluation wrongdoing.’’ The Department is committed to having had been done of these individuals and Bogden said he hoped that the ongoing the best person possible for discharging the case did not have anything to do with his they had not measured up, and that it responsibilities of that office at all times in ouster. was just turnover. It is hard to accom- every district. This is his quote: modate both of those stories, but when It is just hard to believe that Mr. You would like to think that the reason one looks into each of them, it makes Tim Griffin was the best person pos- you’re put in the position as U.S. attorney is even less sense. sible, at least not as we ordinarily de- because you are willing to step up to the The committee, through Senator fine those terms. At the end of our Ju- plate and take on big cases, Bogden said. CHUMER EINSTEIN It’s not a good thing if you begin to wonder S and Senator F , asked diciary hearing, Mr. MCNULTY admit- to see the Evaluation and Review Staff whether you’ll lose your job if you pursue ted that Mr. Cummins, the Govern- them. reports, what is called an EARS eval- ment’s chief prosecutor in Little Rock, uation. When I was a U.S. attorney in Last month, a Las Vegas newspaper Arkansas, was fired to give Mr. Griffin reported: Rhode Island, I lived through an EARS the opportunity to have the appoint- evaluation. All the local agencies were a GOP source said . . . the decision to re- ment. move U.S. attorneys, primarily in the West, interviewed by career U.S. attorney In San Diego, U.S. attorney Carol services staff, detailed to Rhode Island was part of a plan to ‘‘give somebody else Lam successfully prosecuted Duke that experience’’ to build up the back bench just for the purpose of doing these eval- Cunningham, who pled guilty and re- of Republicans by giving them high-profile uations. They happen in every office signed in 2005. She subpoenaed the jobs. every 3 years. They are a significant House Armed Services, Appropriations, These are extremely troubling facts. part of the oversight and management and Intelligence Committees in con- The New York Times has recently edi- practice of the Department of Justice, nection with a probe into Defense De- torialized on this subject and hypoth- and they are extremely thorough. partment contracts. Her office indicted esized three reasons for why these well- We asked to see the reports. When it Kyle ‘‘Dusty’’ Foggo, the CIA’s former qualified attorneys were fired. As the was clear that we were going to ask to Executive Director, and Brent Wilkes, New York Times said, ‘‘all political see these performance evaluations, the a defense contractor and top Repub- and all disturbing.’’ The first reason: Department began to back down. Mr. lican fundraiser. helping friends; the second, candidate MCNULTY told the committee: In her district, former Reagan U.S. recruitment; the third, Presidential We are ready to stipulate that the removal attorney Peter Nunez—another Repub- politics. of the U.S. attorneys may or may not be lican political appointee familiar with The newspaper concluded that the something supported by an EARS report be- politicization of Government over the cause it may be something performance re- the world of U.S. attorneys because he lated that isn’t the subject of what the eval- served there himself; he served from last 6 years has had tragic con- uators saw or when they saw it or how it 1982 to 1988—said this: sequences in New Orleans, in Iraq, and came up, and so forth. It’s just like nothing I have ever seen be- elsewhere, but allowing politics to in- There isn’t much that an EARS eval- fore in 35-plus years. To be asked to resign fect U.S. Attorney’s Offices takes it to uation doesn’t look at, and contrary and to be publicly humiliated by leaking this a whole new level. Congress should con- to the press is beyond any bounds of decency views began to emerge from the De- tinue to pursue the case of the fired and behavior. It shocks me. It is really out- U.S. attorneys vigorously, both to find partment very shortly. rageous. In an article published February 4, out what really happened and to make San Diego’s top-ranking FBI official, the Washington Post reported that: sure that it does not happen again. Dan Dzwilewski, also commented on I would like to highlight two further [O]ne administration official, who spoke on Lam’s firing. Bear in mind, this is the the condition of anonymity in discussing concerns that come from my experi- personnel issues, said the spate of firings was Director of the FBI office that is oper- ence as a U.S. attorney. One concern is the result of ‘‘pressure from people who ating as lead agency in these public how this alters the balance between make personnel decisions outside of Justice corruption investigations. His quote: U.S. Attorney’s Offices and what we who wanted to make some things happen in I guarantee politics is involved . . . It will used to call main Justice, and the sec- those places.’’ be a huge loss from my perspective. ond concern is the chilling effect on Let’s look at some of those places. In Other U.S. attorneys, such as David prosecutions of public corruption. Arkansas, H.E. Bud Cummins III was a Iglesias of New Mexico and John There is constant tension between 5-year veteran U.S. attorney serving in McKay of Seattle, said they had no the U.S. attorneys in the field and Arkansas’s Eastern District. Last idea why they were being asked to step main Justice. The U.S. attorneys know June, he was asked to resign. The man down. their districts, they have practiced be- chosen to replace the well-respected That changed recently. Today was fore those judges, they know their of- Mr. Cummins was Tim Griffin. Mr. posted a story from which I will quote: fice’s capabilities very well, and they Griffin is 37 years old. He served as The U.S. attorney from New Mexico who have their own local priorities. Of Special Assistant to Assistant Attor- was recently fired by the Bush administra- course, the Department of Justice also ney General Michael Chertoff in the tion said Wednesday that he believes he was has its own priorities, its national pri- Criminal Division of the Department of forced out because he refused to rush an in- orities set by the President, and the Justice, where he was sent as a detailee dictment in an ongoing probe of local Demo- tension between those two is healthy to the Arkansas U.S. Attorney’s Office. crats a month before November’s Congres- and is constant. In getting its message What Mr. Griffin lacked in prosecu- sional elections. out to the U.S. attorneys, the Depart- David Iglesias said two members of Con- torial experience, he more than made gress separately called in mid October to in- ment has a wide array of ways to send up for in political experience. Mr. Grif- quire about the timing of an ongoing probe its signals and make its wishes known, fin is a former aide to Presidential ad- of a kickback scheme and appeared eager for but to take six or seven well-per- viser Karl Rove. He is also a former Re- an indictment to be issued on the eve of the forming U.S. attorneys and sack them

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4911 all at once ends that dialogue. It brings leading it so well that their termi- of Justice in each district, the United States the blunt instrument of, not even per- nation draws a public rebuke from the Attorney also brings to bear his or her expe- suasion any longer, but brute force, to FBI chief, antennae will go up across rience and knowledge of the law enforcement needs of the district in establishing prior- bear. the country. ities and allocating resources. Most impor- Now, there can very well be policy Madam President, I ask unanimous tantly, United States Attorneys have main- differences between the Department of consent to have printed in the RECORD tained a strong. tradition of insuring that Justice and local offices, but this at the conclusion of my remarks a let- the laws of the United States are faithfully would be a first for the Department of ter that the Attorney General has re- executed, without favor to anyone and with- Justice, to say: You haven’t empha- ceived from the National Association out regard to any political consideration. It sized this enough so we are going to of Former United States Attorneys. is for these reasons that the usual practice have your head. It will squash the The PRESIDING OFFICER (Mrs. has been for United States Attorneys to be permitted to serve for the duration of the ad- healthy tension between U.S. attorneys CLINTON). Without objection, it is so ministration that appointed them. and between the Department, and at ordered. We are concerned that the role of the least in my experience, the greater wis- (See exhibit 1.) United States Attorneys may have been un- dom of the Department of Justice Mr. WHITEHOUSE. Madam Presi- dermined by what may have been political versus that of all the U.S. attorneys in dent, the sentence in that letter which considerations which run counter to the the field was not such that it justifies strikes me as the most significant is: proper administration of justice and the tra- dition of the Department of Justice. While this level of force in emphasis and en- We are concerned that the role of the we certainly recognize that the United United States Attorneys may have been un- forcement and in the demand for con- States Attorneys serve at the pleasure of the dermined by what may have been political formity with its policy positions. President, we would vigorously oppose any considerations which run counter to the I submit there is long-term damage effort by any Attorney General to remove a proper administration of justice and the tra- to the capabilities of the Department United States Attorney as a result of polit- ditions of the Department of Justice. of Justice as this tension is disrupted. ical displeasure or for political reward. Any We live in a country of checks and bal- This is not a good day. This is not such effort would undermine the confidence ances, and tensions like these are very the sort of thing that we need to be dis- of the federal judiciary, federal and local law often the best things for the public we cussing. This is not the sort of thing enforcement agencies, the public, and the that we should be discussing. As Sen- thousands of Assistant United States Attor- serve when they are allowed to be neys working in those offices. maintained in a healthy fashion. ator SCHUMER earlier said, there is a lot of smoke in the air right now, and We do not mean to suggest that we know The second point I would make is the the reasons for each of the terminations or, chilling effect on prosecutions of public it looks as if there is actually some for that matter, all of the relevant facts. In- corruption. This applies particularly fire. It is truly incumbent on this body, deed, we encourage the Department of Jus- with respect to Ms. Lam in California. the body which confirmed these indi- tice and Congress to make as full and as In many respects, she had become the viduals to their offices and which has complete a disclosure of the facts sur- leading edge of the Federal Govern- oversight responsibility with the De- rounding these firings as is permissible. partment of Justice, to look into what Still, the reported facts are troubling, per- ment’s sword point on public corrup- haps unique in the annals of the Department tion investigation because of the inves- is happening and to reestablish the pro- cedures to prevent this from happening of Justice, and certainly raise questions as tigations that I mentioned earlier in to whether political considerations prompted my remarks. Her office was leading the again. the decision to terminate so many United biggest public corruption cases in the I yield the floor, and I thank the States Attorneys. It may well be that legis- Nation, with more to come it appears. Chair. lative attention or a written policy of the U.S. Attorney Lam was personally at EXHIBIT 1 Department of Justice is necessary to deal the helm of these investigations, and THE NATIONAL ASSOCIATION OF with this and similar situations in the future FORMER UNITED STATES ATTOR- to afford continuity and protection to United she was well qualified for that role. Her States Attorneys. We will be happy to assist unceremonious expulsion from office NEYS, February 14, 2007. the Department or Congress in any such ef- will send a shockwave through the of- Hon. ALBERTO R. GONZALES, fort. fices of her fellow U.S. attorneys, and Attorney General of the United States, United Sincerely yours, that shockwave will carry a very un- States Department of Justice, Washington, ATLEE W. WAMPLER III, fortunate message because these cases DC. President. B. MAHLON BROWN, are not easy ones. Re: Media Reports of Termination of United Executive Director. Public corruption cases are resource States Attorneys AMENDMENT NO. 279, AS MODIFIED intensive for the office involved. They DEAR ATTORNEY GENERAL GONZALES, We are extraordinarily challenging. Wit- are the President and Executive Director of Mr. DEMINT. Madam President, I ask nesses are scarce and difficult, signifi- the National Association of Former United for regular order in regards to my cant agent expertise is required, inter- States Attorneys (‘‘NAFUSA’’). NAFUSA amendment No. 279. I have a modifica- nal procedures governing the investiga- was founded in March 1979 to promote, de- tion of that amendment that I would fend and further the integrity and the pres- like to send to the desk. tion itself are complex and onerous, ervation of the litigating authority and inde- and launching one’s office at estab- The PRESIDING OFFICER. The Sen- pendence of the Office of the United States ator’s amendment is pending. He has lished political figures is a decision Attorney. Our membership includes United with potentially serious consequences States Attorneys from every administration the right to modify it. The amendment not only for the U.S. attorney but for back to President Kennedy and includes is so modified. The amendment, as modified, is as the career people in that office. Some- former United States Attorneys from every follows: one who has come through all of that state in the union. It is with this mission and moved out onto the leading edge of and with our cumulative experience as (Purpose: To specify the criminal offenses United States Attorneys that we write. that disqualify an applicant from the re- public corruption investigation for this We are very troubled with recent press ac- ceipt of a transportation security card) country, I believe, merits the active counts concerning the termination of a siz- At the appropriate place, insert the fol- support of the Department of Justice able number of United States Attorneys. His- lowing: not just for the good work done but as torically, United States Attorneys have had SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- a message and a signal to U.S. attor- a certain degree of independence because of PORTATION SECURITY CARDS TO neys around the country that when the unique and integral role the United CONVICTED FELONS. they step out into that public corrup- States Attorneys play in federal law enforce- (a) IN GENERAL.—Section 70105 of title 46, ment Among other things, the United States United States Code, is amended— tion arena, we will back them up. Attorney establishes and maintains working (1) in subsection (b)(1), by striking ‘‘de- The signal to the contrary is a dan- and trusting relationships with key federal, cides that the individual poses a security gerous one. When a U.S. attorney gets state and local law enforcement agencies. In risk under subsection (c)’’ and inserting ‘‘de- fired, and one who was deep into a pub- many respects, while the United States At- termines under subsection (c) that the indi- lic corruption investigation and is torney is a representative of the Department vidual poses a security risk’’; and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4912 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 (2) in subsection (c), by amending para- 447.21 of title 27, Code of Federal Regula- ‘‘(I) that the Secretary believes could graph (1) to read as follows: tions. cause the individual to be a terrorism secu- ‘‘(1) DISQUALIFICATIONS.— ‘‘(ii) Extortion. rity risk to the United States; or ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(iii) Dishonesty, fraud, or misrepresen- ‘‘(II) for causing a severe transportation OFFENSES.—Except as provided under para- tation, including identity fraud and money security incident; graph (2), an individual is permanently dis- laundering if the money laundering is re- ‘‘(ii) has been released from incarcer- qualified from being issued a biometric lated to a crime described in this subpara- ation within the preceding 5-year period for transportation security card under sub- graph or subparagraph (A). In this clause, committing a felony described in clause (i); section (b) if the individual has been con- welfare fraud and passing bad checks do not ‘‘(iii) may be denied admission to the victed, or found not guilty by reason of in- constitute dishonesty, fraud, or misrepresen- United States or removed from the United sanity, in a civilian or military jurisdiction tation. States under the Immigration and Nation- of any of the following felonies: ‘‘(iv) Bribery. ality Act (8 U.S.C. 1101 et seq.); or ‘‘(i) Espionage or conspiracy to commit ‘‘(v) Smuggling. ‘‘(iv) otherwise poses a terrorism secu- espionage. ‘‘(vi) Immigration violations. rity risk to the United States.’’. ‘‘(ii) Sedition or conspiracy to commit ‘‘(vii) Distribution of, possession with in- ‘‘(F) MODIFICATION OF LISTED OFFENSES.— sedition. tent to distribute, or importation of a con- The Secretary may, by rulemaking, add the ‘‘(iii) Treason or conspiracy to commit trolled substance. offenses described in paragraph (1)(A) or treason. ‘‘(viii) Arson. (B).’’. ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(ix) Kidnapping or hostage taking. (b) CONFORMING AMENDMENT.—Section fined in section 2332b(g) of title 18), a com- ‘‘(x) Rape or aggravated sexual abuse. 70101 of title 49, United States Code, is parable State law, or conspiracy to commit ‘‘(xi) Assault with intent to kill. amended— such crime. ‘‘(xii) Robbery. (1) by redesignating paragraphs (2) ‘‘(v) A crime involving a transportation ‘‘(xiii) Conspiracy or attempt to commit through (6) as paragraphs (3) through (7); and security incident. any of the crimes listed in this subpara- (2) by inserting after paragraph (1) the ‘‘(vi) Improper transportation of a haz- graph. following: ardous material under section 5124 of title 49, ‘‘(xiv) Fraudulent entry into a seaport ‘‘(2) The term ‘economic disruption’ does or a comparable State law. under section 1036 of title 18, or a comparable not include a work stoppage or other em- ‘‘(vii) Unlawful possession, use, sale, dis- State law. ployee-related action not related to ter- tribution, manufacture, purchase, receipt, ‘‘(xv) A violation of the Racketeer Influ- rorism and resulting from an employer-em- transfer, shipping, transporting, import, ex- enced and Corrupt Organizations Act (18 ployee dispute.’’. port, storage of, or dealing in an explosive or U.S.C. 1961 et seq.) or a comparable State Mr. DEMINT. Madam President, if I explosive device. In this clause, an explosive law, other than any of the violations listed or explosive device includes— in subparagraph (A)(x). can make a couple of comments about ‘‘(I) an explosive (as defined in sections ‘‘(C) UNDER WANT WARRANT, OR INDICT- the modification, many will recall that 232(5) and 844(j) of title 18); MENT.—An applicant who is wanted, or under this amendment is focused on our ports ‘‘(II) explosive materials (as defined in indictment, in any civilian or military juris- and the security of our ports. I think subsections (c) through (f) of section 841 of diction for a felony listed in this paragraph, all of us are well aware that as a na- title 18); and is disqualified from being issued a biometric tion we see that our ports of entry, ‘‘(III) a destructive device (as defined in transportation security card under sub- whether they be in Seattle, New York, 921(a)(4) of title 18 and section 5845(f) of the section (b) until the want or warrant is re- or Charleston, SC, could be our most Internal Revenue Code of 1986). leased or the indictment is dismissed. vulnerable points when it comes to ‘‘(viii) Murder. ‘‘(D) DETERMINATION OF ARREST STATUS.— ‘‘(ix) Making any threat, or maliciously ‘‘(i) IN GENERAL.—If a fingerprint-based smuggling in a weapon of mass destruc- conveying false information knowing the check discloses an arrest for a disqualifying tion. We have committed many re- same to be false, concerning the deliverance, crime listed in this section without indi- sources and lots of technology to try to placement, or detonation of an explosive or cating a disposition, the Transportation Se- detect radiation and other types of other lethal device in or against a place of curity Administration shall notify the appli- weapons that might be smuggled into public use, a State or other government fa- cant of such disclosure and provide the appli- our country that could hurt Americans cility, a public transportation system, or an cant with instructions on how the applicant and destroy American cities, and we infrastructure facility. can clear the disposition, in accordance with are making some progress. But there is ‘‘(x) A violation of the Racketeer Influ- clause (ii). a lot more to be done. enced and Corrupt Organizations Act (18 ‘‘(ii) BURDEN OF PROOF.—In order to clear U.S.C. 1961 et seq.), or a comparable State a disposition under this subparagraph, an ap- All the spending, all the technology, law, if 1 of the predicate acts found by a jury plicant shall submit written proof to the all the equipment in the world will or admitted by the defendant consists of 1 of Transportation Security Administration, not make no difference at all if we don’t the crimes listed in this subparagraph. later than 60 days after receiving notifica- have the right people working in the ‘‘(xi) Attempt to commit any of the tion under clause (i), that the arrest did not secure areas of our ports. We need to crimes listed in clauses (i) through (iv). result in conviction for the disqualifying make sure those people are the most ‘‘(xii) Conspiracy or attempt to commit criminal offense. trusted we have, just as we do in our any of the crimes described in clauses (v) ‘‘(iii) NOTIFICATION OF DISQUALIFICA- airports. Our responsibility, whether it through (x). TION.—If the Transportation Security Ad- is homeland security as an administra- ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- ministration does not receive proof in ac- FENSES.—Except as provided under paragraph cordance with the Transportation Security tion or we as the Congress, is to make (2), an individual is disqualified from being Administration’s procedures for waiver of sure these people are screened and that issued a biometric transportation security criminal offenses and appeals, the Transpor- we have the best and the most trusted card under subsection (b) if the individual tation Security Administration shall no- individuals working in our secure has been convicted, or found not guilty by tify— areas. This is very important. reason of insanity, during the 7-year period ‘‘(I) the applicant that he or she is dis- My amendment focuses on just that ending on the date on which the individual qualified from being issued a biometric subject. It prohibits convicted felons applies for such card, or was released from transportation security card under sub- from working in the secure areas of our incarceration during the 5-year period end- section (b); ing on the date on which the individual ap- ‘‘(II) the State that the applicant is dis- ports. This is common sense to most plies for such card, of any of the following qualified, in the case of a hazardous mate- Americans, and I think it is common felonies: rials endorsement; and sense to most in this Senate because ‘‘(i) Unlawful possession, use, sale, manu- ‘‘(III) the Coast Guard that the applicant when this exact same amendment was facture, purchase, distribution, receipt, is disqualified, if the applicant is a mariner. offered last year, when we were dealing transfer, shipping, transporting, delivery, ‘‘(E) OTHER POTENTIAL DISQUALIFICA- with port security specifically, every- import, export of, or dealing in a firearm or TIONS.—Except as provided under subpara- one voted for this amendment in the other weapon. In this clause, a firearm or graphs (A) through (C), an individual may Senate. Unfortunately, that amend- other weapon includes— not be denied a transportation security card ‘‘(I) firearms (as defined in section under subsection (b) unless the Secretary de- ment was stripped out when we had a 921(a)(3) of title 18 and section 5845(a) of the termines that individual— conference with the House. Internal Revenue Code of 1986); and ‘‘(i) has been convicted within the pre- Many of my colleagues have encour- ‘‘(II) items contained on the United ceding 7-year period of a felony or found not aged me to reintroduce this amend- States Munitions Import List under section guilty by reason of insanity of a felony— ment, Republicans and Democrats

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4913 alike, and that is exactly what I have The PRESIDING OFFICER. Without ‘‘Governors praise Senator Susan Collins, done. I understand the Senator from objection, it is so ordered. ranking member of the Senate Homeland Se- Hawaii is considering introducing a Ms. COLLINS. Madam President, I curity Committee, for introducing an ask unanimous consent to add Ms. amendment to address the issues raised by modification that would allow the Sec- the Real ID Act of 2005. This proposal would retary to eliminate some of these felo- MURKOWSKI, a Senator from Alaska, as provide states a more workable time frame nies that we have listed in our amend- a cosponsor to the Collins amendment to comply with federal standards, ensure ment. Please keep in mind that the No. 277. necessary systems are operational and en- listed felonies are the exact same ones The PRESIDING OFFICER. Without hance the input states and other stake- that homeland security has listed in objection, it is so ordered. holders have in the implementation process. ‘‘Improving the security and integrity of AMENDMENT NO. 277 the regulation that they have put in their drivers’ license systems is vital; how- force at their agency. So this amend- Ms. COLLINS. Madam President, ever, the substantial costs and looming im- ment puts in law what homeland secu- speaking of the Collins amendment on plementation deadline make Real ID un- rity has already put into regulation. REAL ID, cosponsored by Senators workable and unreasonable. NGA has called The importance of putting it in law ALEXANDER, MIKULSKI, CARPER, CANT- on the Department of Homeland Security is that we already suspect this legisla- WELL, SNOWE, CHAMBLISS, and MUR- and Congress to fix the law by providing ad- ditional time, resources and flexibility for tion will be contested; that there will KOWSKI, I bring to my colleagues’ at- states to enhance their systems. be delays, there will be challenges, and tention the several groups representing ‘‘Senator Collins’ bipartisan amendment we need to make sure that our ports Governors, State legislatures, and oth- recognizes the need to give state officials are secure. The modification of my ers who are now speaking in favor of and other interested parties the right to re- amendment would allow the Secretary passage of this amendment. In addi- view regulations and suggest modifications. to add felonies in the future which may tion, as the Presiding Officer so ably This allows governors and state legislators become important but that are not now represents the State of New York, to help create reasonable standards and en- sure the act is implemented in a cost-effec- listed. We think it would be a huge there was a Newsday editorial today tive and feasible manner with maximum mistake if we put in law something also endorsing the amendment with its safety and minimum inconvenience for all that allowed future administrations to 2-year delay. Americans.’’ eliminate felonies that are specifically The National Governors Association laid out in regulation and in this has also issued a statement that says: AMERICAN FEDERATION OF STATE, amendment I am offering. Senator Collins’ bipartisan amendment COUNTY AND MUNICIPAL EMPLOY- If anyone in the Senate would like to recognizes the need to give state officials EES, AFL–CIO, and other interested parties the right to re- Washington, DC, February 27, 2007. eliminate some of the felonies that we DEAR SENATOR: On behalf of the 1.4 million view regulations and suggest modifications. have listed, I would encourage them to members of the American Federation of come to the Senate floor and let’s dis- It goes on to say: State, County and Municipal Employees cuss those that they would like to This proposal would provide states a more (AFSCME), I am writing with respect to the eliminate. Maybe they would like to workable time frame to comply with federal Senate debate over S. 4, legislation to imple- have some of these folks working in standards, ensure necessary systems are ment 9/11 Commission recommendations. operational and enhance the input states and We understand that an amendment may be the secure areas of our ports, folks who offered, possibly by Senator DeMint, to have committed espionage, sedition, other stakeholders have in the implementa- tion process. strike or weaken a provision in the bill that treason, terrorism, crimes involving gives Transportation Security Administra- transportation security, improper We have also heard from the Amer- tion (TSA) screeners collective bargaining transport of hazardous material, un- ican Federation of State, County and and other civil service protections. We lawful use of an explosive device, bomb Municipal Employees, a union that is strongly urge you to oppose this amendment. In addition, we urge you to support an threats, or murder. These are specifi- affiliated with the AFL–CIO, which has written a letter as well. It says: amendment to be offered by Senator Collins cally listed. If there are some of these that would delay implementation of require- It is clear that the states do not have the that we think should be eliminated, ments under the REAL ID Act and to reopen capacity to comply with the REAL ID Act by let’s discuss them. negotiated rulemaking of the Act. the 2008 deadline and that a number of seri- Homeland Security has evaluated With respect to the DeMint amendment, it ous concerns related to privacy must be ad- is important to highlight that civil service this and has listed these, just like we dressed. The Collins amendment provides the have for our airports, to keep our ports protections, backed up by collective bar- opportunity to address these matters. gaining, ensure that federal employment is secure. Similarly, another group with whom efficient, fair, open to all, free from political I am offering this modification that we have worked closely is the National interference and staffed by honest, com- would allow our Secretary to add felo- Conference of State Legislatures. In petent and dedicated employees. Civil serv- nies but prohibit the elimination of fact, it was a high-ranking official of ice protections and collective bargaining these felonies which we think are so the NCSL who sat next to me on a rights ensure that federal employees are able important to our security. to fulfill their assignments with professional plane going to Maine some time ago integrity and a commitment to the public in- I thank the Chair for the opportunity and suggested that what States needed to offer this modification, and I yield terest. The decision to take away civil serv- most was a delay in the compliance ice protections and collective bargaining the floor. time. I worked very closely with the rights has resulted in a demoralized work- Mr. LIEBERMAN. Madam President, NCSL in drafting our amendment. I am force, with injury and illness rates that are I thank the Senator from South Caro- very grateful for their advice. six times higher than the federal average and lina for his modification. We talked I ask unanimous consent that the an attrition rate that is more than ten times higher than the federal employee average. about this briefly. I think he is heading letters and editorials I have mentioned in the right direction. We are taking a Clearly, the removal of civil service protec- be printed in the RECORD so we may look at the amendment as it is offered, tions and collective bargaining rights has share them with our colleagues. jeopardized the public, not made it safer. and we look forward to working to- There being no objection, the mate- With respect to the Collins amendment, we gether. I think the purposes are very rial was ordered to be printed in the have previously expressed our concern over important. RECORD, as follows: the costs to the states to implement the re- I thank the Chair, I yield the floor, quirements under the REAL ID Act. It is [From the National Governors Association, clear that states do not have the capacity to and I suggest the absence of a quorum. Feb. 28, 2007] The PRESIDING OFFICER. The comply with the Act by the 2008 deadline and NGA PRAISES CONGRESSIONAL MOVEMENT TO that a number of serious concerns related to clerk will call the roll. CORRECT REAL ID The legislative clerk proceeded to privacy must be addressed. The Collins WASHINGTON.—On behalf of the nation’s amendment provides the opportunity to ad- call the roll. governors, the National Governors Associa- dress these matters. Ms. COLLINS. I ask unanimous con- tion (NGA) issued the following statement Sincerely, sent that the order for the quorum call regarding the introduction of an amendment CHARLES M. LOVELESS, be rescinded. to delay implementation of Real ID. Director of Legislation.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4914 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 [From NCSL News, Feb. 20, 2007] The Legislature’s rejection made news sonably worried. Not long ago, the House STATE LAWMAKERS ENCOURAGED BY REAL ID around the nation. What Maine started Government Reform Committee looked at 19 ACTIVITY IN U.S. SENATE threatened to become a tidal wave of state agencies going back to 2003 and found 788 opposition. In an effort to stem the momen- separate cases of confidential data being ei- SENATOR COLLINS’ MEASURE TO PROVIDE EXTRA tum and salvage what she considers good ther lost or stolen. Most of the lost data, the TIME, STATE INPUT INTO THE REGULATORY about the requirement, U.S. Sen. Susan Col- report concluded, was due to ‘‘unauthorized PROCESS lins Friday announced she’s introducing leg- use of data by employees.’’ WASHINGTON, DC.—The National Con- islation to delay implementation of the act The extended deadline proposed by the Col- ference of State Legislatures praises Maine and provide states with a more reasonable lins legislation would give officials an oppor- Senator Susan Collins for introducing legis- time frame for complying with its new tunity to improve security at both federal lation (S. 563) to address state concerns over standards for drivers’ licenses. ‘‘The costs of and state levels. And it should find ways for the Real ID Act, a measure which creates na- complying with REAL ID are enormous and Washington to help pay for this expensive tional standards for state-issued drivers li- overly burdensome to states, including program. censes and identification cards. Maine,’’ said Collins. S. 563 addresses some of the recommenda- We agree. Collins’ legislation puts the [From the Portland Press Herald] tions for change called for by NCSL, gov- brakes on a mandate that raises significant REAL ID PROGRAM ISAREAL MESS; HOW CAN ernors and motor vehicle administrators in a concerns, as well as the broader question of STATES STANDARDIZE DRIVER’S LICENSES BY September 2006 report—The REAL ID: Na- whether the REAL ID would ultimately be 2008 WHEN STANDARDS HAVEN’T BEEN SET? tional Impact Analysis. Legislators through- effective. Maine’s ‘‘revolt’’ against a federal mandate out the country support REAL ID’s goal of Her bill would give the Department of making drivers licenses more secure, but are to create an expensive, high-tech driver’s li- Homeland Security the ability to delay or cense that meets new standards set by the frustrated by the rigidity of the law’s ap- waive REAL ID requirements if states don’t proach, the high costs it imposes on states federal government is catching on. have the technical capability to comply with Since state legislators overwhelmingly ap- and the inordinately long time it has taken it, or the money. proved a resolution objecting to the Real ID the Department of Homeland Security to It furthermore calls to the discussion table Act of 2005 in late January, lawmakers in issue the regulations needed to implement the right group of people to hammer out an Vermont, Georgia, Wyoming, Montana, New REAL ID. alternative: federal and state officials, pri- Mexico and Washington state have followed NCSL is encouraged that Senator Collins, vacy advocates and others with a stake in suit. ranking member of the Senate Homeland Se- the matter. We’re encouraged that this sen- The Real ID Act was an effort to enhance curity and Governmental Affairs Committee, ator, who has made her name as an advocate and standardize the information on state and other members of Congress are taking of effective and real security measures, has driver’s licenses so they could double as a steps to correct the problems associated with focused on finding a solution to the real national identification card. the law. S. 563 provides a longer time frame problems posed by REAL ID. Such a sensitive federal-state issue ought to comply with the federal standards and to to have been the subject of negotiations in- ensure that necessary systems are oper- [From the Bangor Daily News] cluding the states. But the House of Rep- ational. Senator Collins’ legislation also es- NEEDED ID DELAY resentatives forged ahead with the Real ID tablishes a committee of state officials and By introducing a bill to slow the pace of Act, which simply ordered the Department of other interested parties to. review the draft Homeland Security to write its own require- DHS regulations and to submit recommenda- new federal identification rules, Sen. SUSAN COLLINS today is expected to offer a way out ments. The measure passed the Senate at- tions for regulatory and legislative changes. tached to a supplemental spending bill. NCSL’s official policy statement calls for of a growing confrontation between Wash- ington and the states. The bill would extend A very real set of concerns revolve around repeal of Real 10 if, by December 31 of this the security of the machine-readable per- year, Congress fails to adopt the necessary the deadline for REAL ID by two years and recognize the cost burden currently imposed sonal information that will be included in changes as outlined in the September 2006 re- the high-tech card, as well as the security of port and if they fail to provide full funding on states. Additionally, it reopens the ques- tion of how much information the federal the linked national database that will house for the law. Senator Collins’ legislation, this information. One recent study found therefore, is especially timely and NCSL government should centralize. This pause is needed. Last week, for in- more than 700 instances of confidential data looks forward to working with her and her stance, Georgia looked at REAL ID’s ex- being stolen from the federal government colleagues to fix and fund the law. since 2003. NCSL is the bipartisan organization that pected price tag of between $30 million and $60 million and declined to fund it. That fol- Also problematic is the notion that state serves the legislators and staff of the states, transportation workers will be essentially commonwealths and territories. It provides lows Maine’s resolution to reject the pro- gram and likely precedes work in about a conscripted to the front line of this federal research, technical assistance and opportuni- program. ties for policymakers to exchange ideas on dozen states that have legislation against REAL ID before their legislatures. The Col- Across the country, states will begin work- the most pressing state issues and is an ef- ing on their 2008 budgets this year. A 2006 fective and respected advocate for the inter- lins bill would reconvene the panel that made recommendations on this issue and re- study by the National Governors Association ests of the states in the American federal tabbed the cost of compliance at $11 billion system. view problems raised by the states, the standards for protecting constitutional over five years. Secretary of State Matt Dunlap estimates Maine’s share will be $185 [From Kennebec Journal Morning Sentinel] rights and civil liberties and the security of the electronic information, among other million. ADDRESSING THE REAL PROBLEMS OF REAL issues. Yet despite Real ID’s looming May 2008 ID Under the current regulations, all Ameri- deadline for compliance, states still haven’t The REAL ID Act was passed by Congress cans would have a federally approved ID card seen the law’s requirements. in 2005. Part of a suite of measures to beef up by the end of next year. Usually seen as a On Monday, Sen. SUSAN COLLINS intro- homeland security, the act requires that by machine-readable driver’s license, the card duced a bill that would delay the compliance mid-2008, Americans must have a federally would be needed not only for driving but all date for two years to 2010 so the federal gov- approved ID card—most likely an enhanced the standard uses—to board airplanes, do ernment can get its act straightened out. driver’s license—to travel on airplanes, col- business with the federal government, open a Her bill would convene a panel of federal lect government payments or use govern- bank account. One estimate put the cost to and state stakeholders to examine issues ment services and open a bank account. The states for transitioning to these new IDs at raised by the states around cost, privacy and national ID cards would have to be machine- $11 billion. feasibility. Rep. TOM ALLEN intends to offer a bill that readable. Besides cost, opponents of the standardized would repeal the law entirely. As the deadline approaches for compliance identification program fear that REAL ID If Congress feels homeland security re- with the act, opposition to the mandate has will result in a national database, which the quires that all Americans carry an internal grown. Late last month, the Maine Legisla- federal government may not be equipped to passport, then it ought to administer the ture became the first in the nation to pass a protect. In particular, one provision would program. measure against the requirement, unequivo- require states to verify all documents re- It ought to pay for it as well. cally refusing to implement the act and urg- quired for the issuance of a driver’s license ing Congress to repeal it. Too expensive, too or identification card. That would require [From Newsday (NY), Feb. 28, 2007] fast, too much of an invasion of privacy and each state to have agreements with all other GO SLOW ON NEW DRIVER’S LICENSES too burdensome to administer, said a bipar- states or, more likely, have a single national tisan coalition of Maine lawmakers. Esti- agreement. U.S. SHOULD TAKE TIME TO GET IT RIGHT mate of the cost of compliance in Maine Given the government’s track record on se- It’s a sad sign of the times, but a national alone is $185 million. curing private information, states are rea- identification card, a new gold standard for

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4915 proof of identity, may be needed in the bat- fenses that may pose a terrorist secu- ‘‘(II) explosive materials (as defined in sub- tle against terrorism. The 9/11 Commission rity threat. sections (c) through (f) of section 841 of title urged tighter security for driver’s licenses We are all aware of the fact the war 18); and and Congress has asked the Department of on terrorism continues to evolve with ‘‘(III) a destructive device (as defined in Homeland Security to develop rules for 921(a)(4) of title 18 and section 5845(f) of the standardizing licenses and other state issued emerging threats. We need to ensure Internal Revenue Code of 1986). identification into what would be, essen- the Department has the flexibility to ‘‘(viii) Murder. tially, a national ID card. adjust their procedures accordingly. I, ‘‘(ix) Making any threat, or maliciously But establishing a system that will make along with my fellow cosponsors, be- conveying false information knowing the it appreciably harder for terrorists to oper- lieve such a responsibility is best left same to be false, concerning the deliverance, ate without exacerbating the problem of to the intelligence, terrorist, and law placement, or detonation of an explosive or identity theft or compromising what’s left of enforcement experts at the Department other lethal device in or against a place of privacy in the digital age won’t be quick or of Homeland Security rather than public use, a State or other government fa- easy. The current May 2008 implementation cility, a public transportation system, or an date is unrealistic. And there’s the question Members of Congress. Therefore, this infrastructure facility. state officials are already asking: Who will amendment preserves the authority of ‘‘(x) A violation of the Racketeer Influ- pay? the Secretary to modify the offenses enced and Corrupt Organizations Act (18 Washington hasn’t gotten off to a very accordingly. U.S.C. 1961 et seq.), or a comparable State promising start in dealing with these con- I ask my colleagues to support our law, if 1 of the predicate acts found by a jury cerns. In 2004, Congress established a com- amendment and help ensure we im- or admitted by the defendant consists of 1 of mittee of state and federal officials and oth- prove the security of our port facilities the crimes listed in this subparagraph. ers to craft regulations for making licenses in a fair and effective manner. ‘‘(xi) Attempt to commit any of the crimes more uniform and secure. It preempted that listed in clauses (i) through (iv). process in 2005 when it tacked the Real ID Madam President, I call up my ‘‘(xii) Conspiracy or attempt to commit Act to a spending bill, giving the rule-mak- amendment. any of the crimes described in clauses (v) ing job to the Department of Homeland Se- The PRESIDING OFFICER. Without through (x). curity. It’s been almost two years and no objection, the clerk will report. ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- rules have been announced, although offi- The bill clerk read as follows: FENSES.—Except as provided under paragraph cials say they may come as soon as this The Senator from Hawaii [Mr. INOUYE], for (2), an individual is disqualified from being week. himself, Mr. STEVENS, Mr. LIEBERMAN, and issued a biometric transportation security But creating a secure, standardized na- Mrs. MURRAY, proposes an amendment num- card under subsection (b) if the individual tional ID card involves more than deciding bered 285 to amendment No. 275. has been convicted, or found not guilty by on such things as digital photographs and reason of insanity, during the 7-year period bar codes. Clerks everywhere would need The amendment is as follows: ending on the date on which the individual ready access to nationwide databases to (Purpose: To specify the criminal offenses applies for such card, or was released from verify vital records such as birth certifi- that disqualify an applicant from the re- incarceration during the 5-year period end- cates, immigration status and driver’s li- ceipt of a transportation security card) ing on the date on which the individual ap- cense records in all 50 states. Integrating At the appropriate place, insert the fol- plies for such card, of any of the following that data, securing it, controlling access and lowing: felonies: correcting errors will be no small task. SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- ‘‘(i) Unlawful possession, use, sale, manu- Sen. SUSAN COLLINS (R–Maine) wants to PORTATION SECURITY CARDS TO facture, purchase, distribution, receipt, give states more time to comply. That’s ad- CONVICTED FELONS. transfer, shipping, transporting, delivery, visable and probably inevitable. (a) IN GENERAL.—Section 70105 of title 46, import, export of, or dealing in a firearm or Ms. COLLINS. I thank the Chair. United States Code, is amended— other weapon. In this clause, a firearm or I suggest the absence of a quorum. (1) in subsection (b)(1), by striking ‘‘de- other weapon includes— cides that the individual poses a security ‘‘(I) firearms (as defined in section 921(a)(3) The PRESIDING OFFICER. The risk under subsection (c)’’ and inserting ‘‘de- of title 18 and section 5845(a) of the Internal clerk will call the roll. termines under subsection (c) that the indi- Revenue Code of 1986); and The assistant legislative clerk pro- vidual poses a security risk’’; and ‘‘(II) items contained on the United States ceeded to call the roll. (2) in subsection (c), by amending para- Munitions Import List under section 447.21 of Mr. INOUYE. Madam President, I ask graph (1) to read as follows: title 27, Code of Federal Regulations. unanimous consent that the order for ‘‘(1) DISQUALIFICATIONS.— ‘‘(ii) Extortion. the quorum call be rescinded. ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(iii) Dishonesty, fraud, or misrepresenta- The PRESIDING OFFICER. Without OFFENSES.—Except as provided under para- tion, including identity fraud and money graph (2), an individual is permanently dis- laundering if the money laundering is re- objection, it is so ordered. qualified from being issued a biometric lated to a crime described in this subpara- AMENDMENT NO. 285 TO AMENDMENT NO. 275 transportation security card under sub- graph or subparagraph (A). In this clause, Mr. INOUYE. Madam President, I section (b) if the individual has been con- welfare fraud and passing bad checks do not rise today to offer an amendment that victed, or found not guilty by reason of in- constitute dishonesty, fraud, or misrepresen- incorporates Senator DEMINT’s amend- sanity, in a civilian or military jurisdiction tation. ment No. 279 regarding the Transpor- of any of the following felonies: ‘‘(iv) Bribery. ‘‘(i) Espionage or conspiracy to commit es- ‘‘(v) Smuggling. tation Worker Identification Creden- pionage. ‘‘(vi) Immigration violations. tial, known as TWIC. ‘‘(ii) Sedition or conspiracy to commit se- ‘‘(vii) Distribution of, possession with in- I am pleased to advise my colleagues dition. tent to distribute, or importation of a con- of this amendment. It is cosponsored ‘‘(iii) Treason or conspiracy to commit trolled substance. by Senator STEVENS, Senator LIEBER- treason. ‘‘(viii) Arson. MAN, and Senator MURRAY. ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(ix) Kidnapping or hostage taking. The amendment offered by Senator fined in section 2332b(g) of title 18), a com- ‘‘(x) Rape or aggravated sexual abuse. parable State law, or conspiracy to commit ‘‘(xi) Assault with intent to kill. DEMINT codifies in statute the list of such crime. ‘‘(xii) Robbery. permanent and interim disqualifying ‘‘(v) A crime involving a transportation se- ‘‘(xiii) Conspiracy or attempt to commit offenses for individuals applying for a curity incident. any of the crimes listed in this subpara- TWIC that the Department of Home- ‘‘(vi) Improper transportation of a haz- graph. land Security has already codified in ardous material under section 5124 of title 49, ‘‘(xiv) Fraudulent entry into a seaport final regulations this January. or a comparable State law. under section 1036 of title 18, or a comparable While I understand Senator DEMINT’s ‘‘(vii) Unlawful possession, use, sale, dis- State law. desire to ensure we do not allow indi- tribution, manufacture, purchase, receipt, ‘‘(xv) A violation of the Racketeer Influ- viduals who could pose a terrorism se- transfer, shipping, transporting, import, ex- enced and Corrupt Organizations Act (18 port, storage of, or dealing in an explosive or U.S.C. 1961 et seq.) or a comparable State curity risk to have access to our ports, explosive device. In this clause, an explosive law, other than any of the violations listed Senator DEMINT’s language restricts or explosive device includes— in subparagraph (A)(x). the authority of the Secretary to iden- ‘‘(I) an explosive (as defined in sections ‘‘(C) UNDER WANT WARRANT, OR INDICT- tify, adopt, and modify criminal of- 232(5) and 844(j) of title 18); MENT.—An applicant who is wanted, or under

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4916 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 indictment, in any civilian or military juris- The bill clerk proceeded to call the tributed to an erosion of U.S. economic diction for a felony listed in this paragraph, roll. sovereignty and have made us more de- is disqualified from being issued a biometric Mrs. CLINTON. Mr. President, I ask pendent on the economic decisions of transportation security card under sub- unanimous consent that the order for other nations. As I have proposed, and section (b) until the want or warrant is re- the quorum call be rescinded. continue to support, we need to take leased or the indictment is dismissed. The PRESIDING OFFICER (Mr. ‘‘(D) DETERMINATION OF ARREST STATUS.— steps to restore fiscal responsibility ‘‘(i) IN GENERAL.—If a fingerprint-based OBAMA). Without objection, it is so or- and sound economic policies based on check discloses an arrest for a disqualifying dered. the facts, not ideology. crime listed in this section without indi- U.S. ECONOMIC SOVEREIGNTY I will continue to support legislative cating a disposition, the Transportation Se- Mrs. CLINTON. Mr. President, we are steps to require that the Bush adminis- curity Administration shall notify the appli- in the middle of an ongoing discussion tration address mounting fiscal and cant of such disclosure and provide the appli- and debate over our homeland security, trade imbalances. Today I sent letters cant with instructions on how the applicant and certainly, as all of us know, this to Treasury Secretary Hank Paulson can clear the disposition, in accordance with and Federal Reserve Chairman Ben clause (ii). remains a matter of grave concern. Bernanke urging them to address many ‘‘(ii) BURDEN OF PROOF.—In order to clear a Homeland security means many things, disposition under this subparagraph, an ap- and it certainly does mean that we of our underlying economic vulnera- plicant shall submit written proof to the fully and appropriately fund our police bilities resulting from our debt and Transportation Security Administration, not and our fire. It means we guard our deficits. later than 60 days after receiving notifica- ports and our infrastructure such as Our Nation has been running record tion under clause (i), that the arrest did not our tunnels and bridges, all of which deficits and digging a massive fiscal result in conviction for the disqualifying are going to be the subject of the au- hole of nearly $8.8 trillion as foreign criminal offense. countries have been buying our debt ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— thorization legislation brought forward by the chairman and ranking member. and in essence becoming our bankers. If the Transportation Security Administra- According to the most recent Treasury tion does not receive proof in accordance But it also means we have to remain with the Transportation Security Adminis- strong at home and we have to have statistics, foreign nations now hold tration’s procedures for waiver of criminal the economic resources to spend on more than $2.2 trillion, or 44 percent, of offenses and appeals, the Transportation Se- protecting ourselves. all publicly held U.S. debt. Japan and curity Administration shall notify— Yesterday, the Dow Jones Industrial China alone hold nearly $1 trillion. To ‘‘(I) the applicant that he or she is dis- Average plummeted 416 points—the put it plainly: 16 percent of our entire qualified from being issued a biometric economy is being loaned to us by the transportation security card under sub- largest single drop since the markets reopened after the September 11 at- Central Banks of other nations. I know section (b); other Members of this Chamber, such ‘‘(II) the State that the applicant is dis- tacks. While our markets were reeling, as Senator CONRAD, the chairman of qualified, in the case of a hazardous mate- alarm bells were ringing once again rials endorsement; and over the irresponsible fiscal and eco- our Budget Committee, share my con- ‘‘(III) the Coast Guard that the applicant is nomic policies of this administration cern over the implications of this mas- sive foreign debt. disqualified, if the applicant is a mariner. that continue to surrender the eco- While the foundations of our fiscal ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— nomic sovereignty of our country to Except as provided under subparagraphs (A) house are eroded by our fiscal policies, foreign banks, investors, and govern- through (C), an individual may not be denied our failure to pursue smart economic a transportation security card under sub- ments piece by piece. policies has added strain on our econ- Yesterday’s stock market disruption section (b) unless the Secretary determines omy. Every single year since President came on the heels of pessimistic eco- that individual— Bush took office we have had a record ‘‘(i) has been convicted within the pre- nomic news on the homefront and omi- trade deficit. Last year the deficit was ceding 7-year period of a felony or found not nous comments about recession by $764 billion. One of the ramifications of guilty by reason of insanity of a felony— former Fed Reserve Chairman Alan ‘‘(I) that the Secretary believes could that trade deficit to foreign interests is Greenspan. So while it can and will be the control by foreign interests of more cause the individual to be a terrorism secu- debated whether yesterday’s market rity risk to the United States; or and more of our assets. ‘‘(II) for causing a severe transportation fluctuation was a blip or a larger indi- How can we negotiate fair, pro-Amer- security incident; cator of our economy’s vulnerabilities, ican trade agreements and ensure for- ‘‘(ii) has been released from incarceration it is clear that what happened under- eign countries uphold these agreements within the preceding 5-year period for com- scores the exposure of our economy to when we sit across the negotiating mitting a felony described in clause (i); a combination of economic develop- table not only from our competitor but ‘‘(iii) may be denied admission to the ments in countries such as China and United States or removed from the United from our banker as well? While ceding economic policies here at home. A our economic sovereignty, we also sow States under the Immigration and Nation- scare in the Chinese stock market, ality Act (8 U.S.C. 1101 et seq.); or the seeds of economic vulnerability. ‘‘(iv) otherwise poses a terrorism security based on rumors within that country, Precipitous decisions by any country risk to the United States. sent economic reverberations around holding our debt could create much (F) MODIFICATION OF LISTED OFFENSES.— the world. graver economic problems than what The Secretary may, by rulemaking, add or In terms of our fiscal stability, we we saw yesterday. modify the offenses described in paragraph are in uncharted waters. Markets, to a I believe in smart, pro-American (1)(A) or (B).‘‘. certain degree, will always be volatile trade, and globalization does hold in- (b) CONFORMING AMENDMENT.—Section and, to a great extent, we are fortunate credible promise to continue to im- 70101 of title 49, United States Code, is that our domestic markets are deep prove our standard of living and to cre- amended— enough to absorb certain shocks. But (1) by redesignating paragraphs (2) through ate economic growth. But for too long, (6) as paragraphs (3) through (7); and there is no precedent in U.S. history the choices have been painted far too (2) by inserting after paragraph (1) the fol- for an economy as large as ours to be starkly and with a broad political lowing: as heavily in debt to its trading part- brush. In fact, we can protect our eco- ‘‘(2) The term ‘economic disruption’ does ners as the United States is to coun- nomic interests while promoting trade. not include a work stoppage or other em- tries such as China, Japan, and others. We can secure our economic sov- ployee-related action not related to ter- When it comes to the fiscal reckless- ereignty while promoting policies that rorism and resulting from an employer-em- ness and economic fatalism of the cur- secure our global economic position. ployee dispute.’’. rent administration, the writing may Trade does not have to be a zero sum Mr. INOUYE. Madam President, I not be on the wall, but yesterday the game. suggest the absence of a quorum. writing was on the ‘‘Big Board.’’ In the The choice is not between fatalism The PRESIDING OFFICER. Without face of this challenge, the economic and protectionism. The choice is be- objection, the clerk will call the roll. policies of the last 6 years have con- tween policies that work and policies

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4917 that are not working. We have to curb Mr. BUNNING. Mr. President, I ask As we talked about here several these deficits and ensure foreign gov- unanimous consent to speak as in times on the floor, and actually passed ernments do not own too much of our morning business for 5 minutes. last year, it is important that the peo- Government debt. We need a firewall The PRESIDING OFFICER. Without ple who are working at our ports are that keeps our economic future more objection, it is so ordered. people we can trust to use the equip- in our own hands. (The remarks of Mr. BUNNING are ment and technology they are given to In years past I have worked with printed in today’s RECORD under keep the people of America safe. other Members of Congress who share ‘‘Morning Business.’’) The amendment I have offered is con- my concerns. For example, during the Ms. COLLINS. Mr. President, I ask sistent with—in fact, it is identical last session of Congress I supported unanimous consent that at 5:20 today, to—the regulations that the Secretary legislation by Senator DORGAN and the Senate proceed to a vote in rela- and the homeland defense agency have then-Congressman Cardin that rings an tion to the Inouye amendment No. 285, put together so that we will not have alarm bell when U.S. foreign-owned to be followed by a vote in relation to convicted felons working in our ports debt reaches 25 percent of GDP or the the DeMint amendment No. 279, as around this country, so that we know trade deficit reaches 5 percent of GDP. modified; with the time until then for the people who are operating our most It would require the administration to debate to run concurrently on both secure areas are people who have not develop a plan of action to address amendments, with the time equally di- proven to be susceptible to crimes. these conditions and report their find- vided and controlled between Senators Senator INOUYE is offering a second degree to my amendment that would ings to Congress. At the very least this Inouye and DeMint or their designees; allow the Secretary to change some of proposal would compel our Government that no amendments be in order to ei- these crimes or felony convictions or to deal with these economic issues ther amendment prior to the vote and to modify the rules. The Secretary of while they are problems but before that there be 2 minutes of debate Homeland Security has not asked for they become crises. I believe proposals equally divided between the votes. this. In fact, he is supporting the such as these need to be considered in The PRESIDING OFFICER. Is there amendment we have. I cannot imagine order to put our economic house in objection? any future Secretary or future admin- order, as we can too easily be held hos- Without objection, it is so ordered. istration wanting to eliminate some of tage to the economic policies that are Ms. COLLINS. Thank you, Mr. Presi- these felonies. The whole point of hav- being made not in Washington and not dent. ing this amendment and putting it into in the markets of New York but in Bei- The PRESIDING OFFICER. Who law is so that our agencies are not sub- jing, Shanghai, Tokyo, and elsewhere. yields time? The Senator from Hawaii is recognized. ject to lawsuits and constant harass- Yesterday it was the selloff of foreign ment to change the criteria for work- stocks that had reverberations in U.S. Mr. INOUYE. Mr. President, I concur with the statement just issued, and I ing in the secure areas of our ports. markets. But if China or Japan made a So I appeal to my fellow colleagues, a decision to decrease their massive suggest the absence of a quorum. The PRESIDING OFFICER. The vote for this second-degree amendment holdings of U.S. dollars, there could be is a vote to gut my amendment. It is a a currency crisis and the United States clerk will call the roll. The bill clerk proceeded to call the vote to allow in the future any admin- would have to raise interest rates and istration or this administration to invite conditions for a recession. Pre- roll. Mr. DEMINT. Mr. President, I ask eliminate certain felonies that would cipitous decisions by any country hold- unanimous consent that the order for keep convicted criminals from working ing our debt could create far graver the quorum call be rescinded. in our ports. I encourage my colleagues economic consequences than what we The PRESIDING OFFICER. Without not to vote for this second degree. Vote witnessed yesterday. objection, it is so ordered. for my amendment, which everybody in While it is clear we should take rea- AMENDMENT NO. 285 this body has voted for unanimously in sonable steps now to ensure that the the past. Mr. DEMINT. Mr. President, I wish to economic problems of today do not be- Again, I thank the Senator from Con- comment on the second-degree amend- come the crises of tomorrow, we are necticut and Senator COLLINS for the ment that has been offered by my col- awaiting some action by the adminis- opportunity to speak. tration that gives us a clear signal that league from Hawaii, Senator INOUYE. I yield the floor. we can begin to restore responsibility. The PRESIDING OFFICER. All time The PRESIDING OFFICER. The Sen- This is a long-term problem, but it is has expired under the previous agree- ator from Hawaii is recognized. one that I think we must respond to. ment. Mr. INOUYE. Mr. President, the EMINT. I ask unanimous con- We ignore it at our peril. As we saw Mr. D amendment I introduced is not a sec- sent—— yesterday, the United States is inter- ond-degree amendment. However, it in- Ms. COLLINS. Mr. President, to clar- connected with globalized markets. corporates Senator DEMINT’s amend- ify the unanimous consent request, I They are not going to leave anyone ment. believe there were 2 minutes between out. We will all be impacted by deci- It doesn’t in any way minimize the the votes, am I correct, for debate? sions that we have nothing to do with matter of security. It just says the Sec- The PRESIDING OFFICER. The Sen- making, even if they are rumors or retary shall have flexibility with ator is correct. The Senator from quickly reversed. changing times. As we all concur, South Carolina may proceed. It is my hope what happened yester- times do change. Mr. LIEBERMAN. Mr. President, Thirdly, in the other areas where se- day, which gave us headlines across the may I ask the Senator through the world, will open our eyes to what we curity threats are common, such as Chair, how much time does the Senator airports, the Department of Transpor- need to do to take action to put our- from South Carolina need? selves in a much more competitive po- tation has not asked for anything like Mr. DEMINT. Three or 4 minutes. sition and to begin to move away from this, with no flexibility. Mr. LIEBERMAN. Mr. President, I Fourth, if rules are to be made to dif- the loss of economic sovereignty we ask unanimous consent that the Sen- fer from the present rules as set forth have seen over the last years. ator be given 4 minutes to speak. in the DeMint amendment and the Mr. President, I yield the floor. The PRESIDING OFFICER. Without Inouye amendment, it will have to go The PRESIDING OFFICER. The Sen- objection, it is so ordered. through the rulemaking process. I can ator from Kentucky is recognized. Mr. DEMINT. I thank the Senator. I assure my colleagues that we will not Mr. BUNNING. Mr. President, what is appreciate the Senator fitting me in. let felons be in charge of our security. the pending business? Again, I am speaking on the second de- I thank the Chair. The PRESIDING OFFICER. The gree to my amendment that is related Mr. DEMINT. Mr. President, may I Inouye amendment to S. 4 is pending. to port security. have an additional 60 seconds?

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4918 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 The PRESIDING OFFICER. Is there Hatch Martinez Sununu Byrd Gregg Nelson (FL) objection? Inhofe McConnell Thomas Cantwell Hagel Nelson (NE) Isakson Roberts Thune Cardin Harkin Obama Without objection, it is so ordered. Kyl Sessions Vitter Carper Hatch Pryor Mr. DEMINT. I thank the Senator Lott Shelby Casey Hutchison Reed from Hawaii. I need to make an impor- Lugar Snowe Chambliss Inhofe Reid Clinton Inouye tant point. The whole point of my NOT VOTING—5 Roberts Coburn Isakson Rockefeller Cochran Kennedy amendment is to put a regulation in Biden Johnson Reed Salazar Coleman Kerry law so it cannot be changed and con- Brownback McCain Sanders Collins Klobuchar tested. The amendment offered by Sen- The amendment (No. 285) was agreed Conrad Kohl Schumer ator INOUYE basically guts the amend- to. Corker Kyl Sessions ment and eliminates the reason for the Cornyn Landrieu Shelby Mr. LIEBERMAN. Mr. President, I Snowe amendment. It moves from being a law Craig Lautenberg move to reconsider the vote, and I Crapo Leahy Stabenow to something that is subject to the move to lay that motion on the table. DeMint Levin Stevens whims of any future administration or The motion to lay on the table was Dodd Lieberman Sununu Secretary. Dole Lincoln Tester agreed to. Domenici Lott Thomas Our job here is certainly to be fair to AMENDMENT NO. 279, AS MODIFIED Dorgan Lugar Thune workers, but our first priority is to Durbin Martinez The PRESIDING OFFICER. Under a Vitter protect the American people. Please, Ensign McCaskill Voinovich previous order, there will now be 2 min- let’s not allow convicted felons to work Enzi McConnell Warner utes of debate equally divided on the Feingold Menendez in our ports. Our job is to protect our Webb DeMint amendment No. 279. Feinstein Mikulski Whitehouse ports. The second degree completely Graham Murkowski Who yields time? Wyden guts the whole idea of an amendment Grassley Murray Mr. LIEBERMAN. Mr. President, I that makes this law. NAYS—2 am prepared to yield back the time on I yield the floor. Smith Specter our side and go right to the vote. The PRESIDING OFFICER. The Mr. BYRD. Let’s hear something NOT VOTING—4 question is on agreeing to amendment about the amendment. Biden Johnson No. 285. Mr. LIEBERMAN. The proponent of Brownback McCain Mr. LIEBERMAN. Mr. President, I the amendment is the Senator from The amendment (No. 279), as modi- ask for the yeas and nays. South Carolina, and he has 1 minute to fied, was agreed to. The PRESIDING OFFICER. Is there a describe it, if he so chooses. Mr. REID. I move to reconsider the sufficient second? There is a sufficient Ms. COLLINS. Mr. President, if the vote and to lay that motion on the second. Senator from West Virginia is seeking table. The clerk will call the roll. an explanation of the amendment, I be- The motion to lay on the table was The bill clerk called the roll. lieve I can provide that. agreed to. The PRESIDING OFFICER. The ma- Mr. DURBIN. I announce that the The amendment offered by the Sen- Senator from Delaware (Mr. BIDEN), jority leader. ator from South Carolina would give Mr. REID. Madam President, because the Senator from South Dakota (Mr. authority to the Secretary of the De- JOHNSON), and the Senator from Rhode of these two votes coming together as partment of Homeland Security to add they did, there was some confusion. Island (Mr. REED) are necessarily ab- certain advances to the list of disquali- sent. That is why this vote took longer. Ev- fying crimes that would prevent some- eryone should understand, we will not Mr. LOTT. The following Senators one from working at our seaports. were necessarily absent: the Senator make a habit of this. We have been Mr. BYRD. I thank the Senator from very strict in enforcing the 20-minute from Kansas (Mr. BROWNBACK) and the Maine. Senator from Arizona (Mr. MCCAIN). rule, and we will continue to do so. Ms. COLLINS. Mr. President, I yield For the benefit of all Senators, we The PRESIDING OFFICER. Are there back the remaining time on this side. any other Senators in the Chamber de- had a productive day today but, in my The PRESIDING OFFICER. The opinion, not as productive as it should siring to vote? question is on agreeing to amendment have been. For Senators who have The result was announced—yeas 58, No. 279, as modified. amendments, tomorrow is Thursday. nays 37, as follows: Mr. LIEBERMAN. Mr. President, I We are not having votes until 5:30 on [Rollcall Vote No. 54 Leg.] ask for the yeas and nays. Monday night. We are going to have YEAS—58 The PRESIDING OFFICER. Is there a some amendments offered or I am Akaka Hagel Nelson (NE) sufficient second? There appears to be going to get the idea there are not any Baucus Harkin Obama a sufficient second. amendments to offer, and we will have Bayh Hutchison Pryor The clerk will call the roll. to either move to third reading or Bingaman Inouye Reid Boxer Kennedy Rockefeller The legislative clerk called the roll. move to cloture or something. If Mem- Brown Kerry Salazar Mr. DURBIN. I announce that the bers have amendments, we said this Byrd Klobuchar Sanders Senator from Delaware (Mr. BIDEN) and would be an open process. This is a Cantwell Kohl Schumer Cardin Landrieu the Senator from South Dakota (Mr. very important piece of legislation. I Smith Carper Lautenberg Specter JOHNSON) are necessarily absent. hope they are not waiting until the Casey Leahy Stabenow Mr. LOTT. The following Senators last minute because the last minute Clinton Levin Cochran Lieberman Stevens were necessarily absent: the Senator may arrive more quickly than they Conrad Lincoln Tester from Kansas (Mr. BROWNBACK) and the think. It is important legislation. In Voinovich Dodd McCaskill Senator from Arizona (Mr. MCCAIN). our cloakroom, we sent out a hotline Domenici Menendez Warner Dorgan Mikulski Webb The PRESIDING OFFICER (Ms. today to find out what amendments my Durbin Murkowski Whitehouse CANTWELL). Are there any other Sen- caucus has. I hope the Republicans will Feingold Murray Wyden ators in the Chamber desiring to vote? follow up on that so we may have a list Feinstein Nelson (FL) The result was announced—yeas 94, of amendments so we know whom to NAYS—37 nays 2, as follows: call. Alexander Coburn DeMint [Rollcall Vote No. 55 Leg.] We have had a lot of dead time today. Allard Coleman Dole If this bill is open to amendment and YEAS—94 Bennett Collins Ensign people have concerns with it, they Bond Corker Enzi Akaka Bayh Boxer Bunning Cornyn Graham Alexander Bennett Brown should offer those amendments. Burr Craig Grassley Allard Bingaman Bunning The PRESIDING OFFICER. The Sen- Chambliss Crapo Gregg Baucus Bond Burr ator from New Mexico.

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AMENDMENT NO. 281 TO AMENDMENT NO. 275 Mexico. Many of the local law enforcement has been certified by the Secretary as a High Mr. BINGAMAN. Madam President, I agencies located along the border are small, Impact Area. call up amendment No. 281 and ask for rural departments charged with patrolling (2) HIGH IMPACT AREA.—The term ‘‘High its immediate consideration. large areas of land. Counties along the Impact Area’’ means any county designated Southwest United States-Mexico border are by the Secretary as such, taking into consid- The PRESIDING OFFICER. Is there some of the poorest in the country and lack eration— objection to setting aside the pending the financial resources to cover the addi- (A) whether local law enforcement agen- amendment? tional costs associated with illegal immigra- cies in that county have the resources to Without objection, it is so ordered. tion, drug trafficking, and other border-re- protect the lives, property, safety, or welfare The clerk will report. lated crimes. of the residents of that county; The legislative clerk read as follows: (8) Federal assistance is required to help (B) the relationship between any lack of The Senator from New Mexico [Mr. BINGA- local law enforcement operating along the security along the United States border and MAN], for himself and Mr. DOMENICI, proposes border address the unique challenges that the rise, if any, of criminal activity in that an amendment numbered 281 to amendment arise as a result of their proximity to an county; and No. 275. international border and the lack of overall (C) any other unique challenges that local border security in the region law enforcement face due to a lack of secu- Mr. BINGAMAN. I ask unanimous SEC. ll03. BORDER RELIEF GRANT PROGRAM. rity along the United States border. consent that reading of the amendment (a) GRANTS AUTHORIZED.— (3) SECRETARY.—The term ‘‘Secretary’’ be dispensed with. (1) IN GENERAL.—The Secretary is author- means the Secretary of the Department of The PRESIDING OFFICER. Without ized to award grants, subject to the avail- Homeland Security. objection, it is so ordered. ability of appropriations, to an eligible law (e) AUTHORIZATION OF APPROPRIATIONS.— The amendment is as follows: enforcement agency to provide assistance to (1) IN GENERAL.—There are authorized to be appropriated $50,000,000 for each of fiscal (Purpose: To provide financial aid to local such agency to address— years 2007 through 2011 to carry out the pro- law enforcement officials along the Na- (A) criminal activity that occurs in the ju- visions of this section. tion’s borders, and for other purposes) risdiction of such agency by virtue of such agency’s proximity to the United States bor- (2) DIVISION OF AUTHORIZED FUNDS.—Of the At the appropriate place, insert the fol- der; and amounts authorized under paragraph (1)— lowing: (B) the impact of any lack of security (A) 2⁄3 shall be set aside for eligible law en- TITLEll.—BORDER LAW ENFORCEMENT along the United States border. forcement agencies located in the 6 States RELIEF ACT (2) DURATION.—Grants may be awarded with the largest number of undocumented SEC. ll01. SHORT TITLE. under this subsection during fiscal years 2007 alien apprehensions; and This title may be cited as the ‘‘Border Law through 2011. (B) 1⁄3 shall be set aside for areas des- Enforcement Relief Act of 2007’’. (3) COMPETITIVE BASIS.—The Secretary ignated as a High Impact Area under sub- SEC. ll02. FINDINGS. shall award grants under this subsection on section (d). Congress finds the following: a competitive basis, except that the Sec- (f) SUPPLEMENT NOT SUPPLANT.—Amounts (1) It is the obligation of the Federal Gov- retary shall give priority to applications appropriated for grants under this section ernment of the United States to adequately from any eligible law enforcement agency shall be used to supplement and not supplant other State and local public funds obligated secure the Nation’s borders and prevent the serving a community— for the purposes provided under this title. flow of undocumented persons and illegal (A) with a population of less than 50,000; drugs into the United States. and SEC. ll04. ENFORCEMENT OF FEDERAL IMMI- GRATION LAW. (2) Despite the fact that the United States (B) located no more than 100 miles from a United States border with— Nothing in this title shall be construed to Border Patrol apprehends over 1,000,000 peo- (i) Canada; or authorize State or local law enforcement ple each year trying to illegally enter the (ii) Mexico. agencies or their officers to exercise Federal United States, according to the Congres- (b) USE OF FUNDS.—Grants awarded pursu- immigration law enforcement authority. sional Research Service, the net growth in ant to subsection (a) may only be used to the number of unauthorized aliens has in- Mr. BINGAMAN. Madam President, provide additional resources for an eligible this is an amendment I am offering on creased by approximately 500,000 each year. law enforcement agency to address criminal behalf of myself and Senator DOMENICI, The Southwest border accounts for approxi- activity occurring along any such border, in- mately 94 percent of all migrant apprehen- cluding— my colleague. It is to provide funds to sions each year. Currently, there are an esti- (1) to obtain equipment; local law enforcement agencies along mated 11,000,000 unauthorized aliens in the (2) to hire additional personnel; our very substantial borders with Can- United States. (3) to upgrade and maintain law enforce- ada and Mexico to assist them with (3) The border region is also a major cor- ment technology; criminal activity, problems of enforce- ridor for the shipment of drugs. According to (4) to cover operational costs, including ment of the laws, and dealing with the El Paso Intelligence Center, 65 percent of overtime and transportation costs; and the narcotics that are sold in the markets of criminal activity in those border com- (5) such other resources as are available to munities. This is an amendment that the United States enter the country through assist that agency. the Southwest Border. (c) APPLICATION.— sets up a $50 million-a-year grant pro- (4) Border communities continue to incur (1) IN GENERAL.—Each eligible law enforce- gram. It is an amendment we have significant costs due to the lack of adequate ment agency seeking a grant under this sec- passed twice in the Senate, but it has border security. A 2001 study by the United tion shall submit an application to the Sec- not become law as yet. States-Mexico Border Counties Coalition retary at such time, in such manner, and ac- It calls upon the Department of found that law enforcement and criminal companied by such information as the Sec- Homeland Security to establish a com- justice expenses associated with illegal im- retary may reasonably require. petitive grant program to assist local migration exceed $89,000,000 annually for the (2) CONTENTS.—Each application submitted law enforcement located along the bor- Southwest border counties. pursuant to paragraph (1) shall— der or other local law enforcement (5) In August 2005, the States of New Mex- (A) describe the activities for which assist- agencies that are determined by the ico and Arizona declared states of emergency ance under this section is sought; and in order to provide local law enforcement (B) provide such additional assurances as Homeland Security Department to be immediate assistance in addressing criminal the Secretary determines to be essential to heavily impacted, high-impact areas activity along the Southwest border. ensure compliance with the requirements of elsewhere in the country. (6) While the Federal Government provides this section. The border with Canada is 5,525 miles States and localities assistance in covering (d) DEFINITIONS.—For the purposes of this long. Our border with Mexico is nearly costs related to the detention of certain section: 2,000 miles long. We have had serious criminal aliens and the prosecution of Fed- (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— problems on the New Mexico-Mexico eral drug cases, local law enforcement along The term ‘‘eligible law enforcement agency’’ border, as has the State of Arizona. In the border are provided no assistance in cov- means a tribal, State, or local law enforce- fact, last year the States of Arizona ering such expenses and must use their lim- ment agency— and New Mexico declared states of ited resources to combat drug trafficking, (A) located in a county no more than 100 human smuggling, kidnappings, the destruc- miles from a United States border with— emergency in order to provide local tion of private property, and other border-re- (i) Canada; or law enforcement with immediate as- lated crimes. (ii) Mexico; or sistance in dealing with criminal activ- (7) The United States shares 5,525 miles of (B) located in a county more than 100 miles ity along the border. The Federal Gov- border with Canada and 1,989 miles with from any such border, but where such county ernment needs to step up and do its

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4920 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 part in helping these local law enforce- As a former Member of the House of some of the toughest questions our Na- ment agencies. This amendment helps Representatives, I fought to see that tion has had to bear. to do that. all 41 recommendations were fully im- So once we pass this final legislation, I hope when the time comes for a plemented in the 2004 intelligence re- have it signed into law and imple- vote on the amendment, my colleagues form legislation. I was proud to serve mented, we will come to the day—I will agree to support it, and we can as the lead Democratic negotiator in hope sooner rather than later—when pass it with a unanimous vote. the House on the conference committee our Nation’s security funding is based I yield the floor. that created the final intelligence bill. more on risk, when our ports are fully The PRESIDING OFFICER. The Sen- While that legislation made essential secure because of 100 percent scanning, ator from New Jersey. and urgently needed reforms to our Na- when we are making the necessary in- Mr. MENENDEZ. Madam President, tion’s intelligence, unfortunately, it vestments in mass transit security, the Improving America’s Security Act fell far short on implementing all of and when our first responders have a is not only about unfinished business, the recommendations. strong emergency communications sys- it is not only about doing what others I have also since introduced legisla- tem that works in interoperable ways, have failed to do, it is about living up tion that ensures that all of these rec- so that those who are sworn to protect to the responsibilities we have as a ommendations will be fully imple- us can speak to each other effectively. Congress and a government to protect mented and to hold the executive These are only a few of the dimen- our Nation and its people and to do ev- branch accountable for implementing sions in this fight. Unfortunately, this erything possible to prevent what was each recommendation. It is my hope is a fight that would not have taken once unthinkable from happening that with the bill we are working on place without the commitment and again. As a Senator from New Jersey, I take now before the Senate, and with the strength of the families of the victims that responsibility as a solemn promise vigorous oversight under the leadership of September 11. to the 700 New Jerseyans who lost their of Chairman LIEBERMAN and Ranking When the loved ones of those who lives on September 11 and their fami- Member COLLINS, we will be able to see were lost on September 11 have to be- lies who survived them. all these recommendations enacted and come full-time advocates, spending More than 5 years ago, it became implemented. every possible hour lobbying Congress, painfully clear that we, as a Nation It was just over a year ago the 9/11 when they have to be the constant re- that believed it was the most secure in Public Discourse Project, led by former minder for our Government to do its the world, were unprotected. In the members of the 9/11 Commission, pub- job, we know we have failed them. glimpse of a few minutes and over the lished its disturbing report card, giving Many of them are here and have been course of a few short horrific hours, far more Fs than As on the implemen- here today watching this body, waiting our Nation and the security we thought tation of those 41 recommendations. to finally see this legislation become we had was changed forever. We en- There is no excuse left for Congress, law, hoping that all their suffering, tered into the stark reality of a post- the White House, or our Federal agen- their work, and their tireless advocacy September 11 world. cies for not finishing what is so direly will not be in vain. On that day, glaring gaps in our secu- needed: improving the security of our Let us not only fulfill their wishes rity were exploited, lax systems were Nation. Yes, we have made some great but the wishes of all Americans to have taken advantage of, and a trusting na- steps forward. Yes, we have made some a nation as secure as possible for their tion paid the price. Thousands of inno- significant improvements that have families and neighbors. Let’s work to cent lives, everyday Americans whom likely saved lives and stopped terror- pass this legislation and make sure it this Nation has grieved every day ists in their tracks. But no one—no is fully enacted. Let’s finally accom- since, were lost. We can never go back one—should use the lack of another plish what should have been finished to rectify past mistakes that could catastrophic attack on our soil as proof several years ago. have prevented that day, but we can that we have succeeded in fully meet- Madam President, I suggest the ab- work to better secure our Nation mov- ing our goals. sence of a quorum. ing forward. The fact is, so long as we do not heed The PRESIDING OFFICER. The We have a roadmap of how to get the advice of the 9/11 Commissioners clerk will call the roll. there. The 9/11 Commission laid out a who spent months examining how we The legislative clerk proceeded to plan, provided guidance, and delivered could improve our Nation’s security, so call the roll. 41 specific and wide-ranging rec- long as we do not make dramatic im- Mr. REID. Mr. President, I ask unan- ommendations. Yet more than 2 years provements to our security—at our Na- imous consent that the order for the after the Commission issued those rec- tion’s ports, on our trains and buses, quorum call be rescinded. ommendations, many of them remain around our chemical plants, and in how The PRESIDING OFFICER (Mr. just that—recommendations that have we allocate homeland security fund- WHITEHOUSE). Without objection, it is not been acted on or fully imple- ing—we continue to leave our Nation so ordered. mented. at risk. f This legislation already comes before I cannot imagine talking about the this body far later than it should. But security of our Nation without the 41 MORNING BUSINESS the fact that it is on the floor of this recommendations of the 9/11 Commis- Mr. REID. Mr. President, I ask unan- Chamber just 2 short months into a sion. The Commission’s findings and imous consent that there now be a pe- new Congress speaks boldly of our new recommendations are integral to un- riod for the transaction of morning leadership and how important finishing derstanding our deepest flaws, the com- business, with Senators allowed to the 9/11 Commission’s work is to our plexity of our intelligence and security speak therein for 10 minutes each. leadership. I commend both Majority networks, the obstacles that lie ahead The PRESIDING OFFICER. Without Leader REID and Chairman LIEBERMAN and, most of all, what needs to be done. objection, it is so ordered. for making this a top priority for this Yet if some in our Government had f Congress, as well as Chairman INOUYE had their way, there would have been TRIBUTE TO MARION ‘‘GENE’’ and Chairman DODD for their roles in no Commission, there would have been crafting this legislation. no digging into the secrecy and ineffec- SNYDER Many of us have been pushing for a tiveness of our Nation’s security, no Mr. BUNNING. Mr. President, on long time to see all 41 recommenda- poring over thousands upon thousands February 16, the Commonwealth of tions fully implemented and to make of documents, no reviewing of every ac- Kentucky lost a favorite son. Marian significant improvements to our Na- tion Federal agencies took or did not ‘‘Gene’’ Snyder was born on January tion’s security that have been under take to prevent and respond to the at- 26, 1928 in Louisville, KY, to a working- the radar screen for far too long. tacks of September 11, no asking of class family. He would often say he was

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4921 ‘‘a poor boy from the other side of the sionalism in their work with persons (2) QUORUMS. tracks in a cold-water flat.’’ His up- with disabilities. Their efforts have in- (A) TRANSACTION OF ROUTINE BUSINESS.— bringing during the Great Depression spired the lives of those for whom they One-third of the membership of the Sub- and the work ethic taught to him by care, and they are an inspiration to me committee shall constitute a quorum for the transaction of routine business, provided his mother and father would serve as well. They have set a fine example of that one Member of the Minority is present. Gene well in future years. community service for all Americans For the purpose of this paragraph, the term Gene worked his way through college to follow. ‘‘routine business’’ includes the convening of and law school and earned a law degree These honorees spend more than 50 a meeting and the consideration of any busi- from the University of Louisville at percent of their time at work in direct, ness of the Subcommittee other than report- the ripe young age of 26. He was ap- personal involvement with their cli- ing to the full Committee on Homeland Se- pointed to his first political post as ents. They are not primarily managers curity and Government Affairs any meas- Jeffersontown city attorney. or supervisors. They are direct service ures, matters or recommendations. In 1962, Louisville Republican leaders (B) TAKING TESTIMONY.—One Member of the workers at the forefront of America’s Subcommittee shall constitute a quorum for saw they had a great young candidate effort to care for people with special and backed him for his first race for taking sworn or unsworn testimony. needs. They do their work every day (C) PROXIES PROHIBITED IN ESTABLISHMENT Congress. Gene won that race and rep- with little public recognition, pro- OF QUORUM.—Proxies shall not be considered resented the people of Kentucky’s third viding valued care and assistance that for the establishment of a quorum. congressional district for the next 2 is unknown except to those with whom (3) SUBCOMMITTEE SUBPOENAS.—The Chair- years. Gene unfortunately lost reelec- they work. man of the Subcommittee, with the approval tion in 1964, but as he did all of his life, It is my honor and privilege to recog- of the Ranking Minority Member of the Sub- he bounced back and in 1966 he won the nize the Illinois recipients of AAIDD’s committee, is authorized to subpoena the at- fourth congressional seat. He would tendance of witnesses or the production of 2007 Direct Service Professional Award: memoranda, documents, records, or any serve and hold that seat with distinc- Rachel Bailey, Chuck Biggs, Bonnie tion for the next 20 years. other materials at a hearing, provided that Brunk, Dave Davis, Debra Jargstorf, the Chairman may subpoena attendance or Gene was instrumental in bringing a Vanessa Kochevar, Carolyn Linnert, production without the approval of the number of important infrastructure Nikki Miller, Donzetta Ragsdale, John Ranking Minority Member where the Chair- projects back to Kentucky while serv- Ramos, Tony Rogers, Ylanza man or a staff officer designated by him/her ing on the Public Works Committee. Stockweather, Jill Tyszko, and Yvonne has not received notification from the Rank- One of his greatest achievements is a Wright. ing Minority Member or a staff officer des- freeway that bears his name in Louis- I know my fellow Senators will join ignated by him/her of disapproval of the sub- poena within 72 hours, excluding Saturdays ville, KY. me in congratulating the winners of Gene Snyder worked hard to make and Sundays, of being notified of the sub- the 2007 Direct Service Professional sure Kentucky got its fair share from poena. If a subpoena is disapproved by the Award. I applaud their dedication and the Federal Government. But I think Ranking Minority Member as provided here- thank them for their service. in, the subpoena may be authorized by vote the most important thing he did was to f of the Members of the Subcommittee. validate conservatism in the Common- Immediately upon authorization of the wealth of Kentucky. Back in the early SUBCOMMITTEE ON OVERSIGHT OF issuance of a subpoena under these rules, a 1960s, you couldn’t count on one hand GOVERNMENT MANAGEMENT, written notice of intent to issue the sub- the number of Republicans in Ken- THE FEDERAL WORKFORCE, AND poena shall be provided to the Chairman and tucky. Gene Snyder was the first brick THE DISTRICT OF COLUMBIA Ranking Minority Member of the full Com- in the foundation of what the Repub- RULES OF PROCEDURE mittee on Homeland Security and Govern- ment Affairs, or staff officers designated by lican Party is today in Kentucky. Mr. LIEBERMAN. Mr. President, Gene had something lacking in to- them, by the Subcommittee Chairman or a Senate standing rules XXVI requires day’s world of weekly polls and polit- staff officer designated by him/her, and no each committee to adopt rules to gov- subpoena shall be issued for at least 48 hours, ical consultants. Gene had conserv- ern the procedure of the committee and excluding Saturdays and Sundays, from de- ative principles and never wavered to publish those rules in the CONGRES- livery to the appropriate offices, unless the from those principles. Gene Snyder ac- Chairman and Ranking Minority Member of SIONAL RECORD not later than March 1 tually stood for something. That is the full Committee on Homeland Security of the first year of each Congress. On why I consider Gene Snyder one of my and Government Affairs waive the 48-hour February 27, 2007, a majority of the political mentors. I would not be stand- waiting period or unless the Subcommittee members of the Committee on Home- ing here in the well of this great Sen- Chairman certifies in writing to the Chair- land Security and Governmental Af- ate if it were not for Gene Snyder. man and Ranking Minority Member of the My wife Mary and I extend our fairs’ Subcommittee on Oversight of full Committee that, in his or her opinion, it Government Management, the Federal is necessary to issue a subpoena imme- thoughts and prayers to Pat, Gene’s be- diately. loved wife, and the entire Snyder fam- Workforce, and the District of Colum- bia adopted subcommittee rules of pro- When the Subcommittee or its Chairman ily. Gene was a true patriot and a great authorizes subpoenas, subpoenas may be American who loved the Common- cedure. issued upon the signature of the Chairman or Consistent with standing rule XXVI, wealth of Kentucky and the citizens he any other Member of the Subcommittee des- represented. today I ask unanimous consent to have ignated by the Chairman. printed in the RECORD a copy of the f rules of the Subcommittee on Over- f AMERICAN ASSOCIATION OF IN- sight of Government Management, the TELLECTUAL & DEVELOP- Federal Workforce, and the District of SUBCOMMITTEE ON FEDERAL FI- MENTAL DISABILITIES Columbia. NANCIAL MANAGEMENT, GOV- Mr. DURBIN. Mr. President, I am There being no objection, the mate- ERNMENT INFORMATION, FED- pleased today to join the Illinois chap- rial was ordered to be printed in the ERAL SERVICES, AND INTER- ter of the American Association of In- RECORD, as follows: NATIONAL SECURITY RULES OF tellectual & Developmental Disabil- RULES OF PROCEDURE OF THE COMMITTEE ON PROCEDURE ities in recognizing the recipients of HOMELAND SECURITY AND GOVERNMENT AF- Mr. LIEBERMAN. Mr. President, the 2007 Direct Service Professional FAIRS; SUBCOMMITTEE ON OVERSIGHT OF Senate standing rules XXVI requires GOVERNMENT MANAGEMENT, THE FEDERAL each committee to adopt rules to gov- Award. These individuals are being WORKFORCE, AND THE DISTRICT OF COLUMBIA honored for their outstanding efforts to ern the procedure of the committee and (1) SUBCOMMITTEE RULES.—The Sub- enrich the lives of people with develop- committee shall be governed, where applica- to publish those rules in the CONGRES- mental disabilities in Illinois. ble, by the rules of the full Committee on SIONAL RECORD not later than March 1 These recipients have displayed a Homeland Security and Government Affairs of the first year of each Congress. On strong sense of humanity and profes- and the Standing Rules of the Senate. February 27, 2007, a majority of the

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4922 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 members of the Committee on Home- waiting period or unless the Subcommittee Member. A written notice of intent to issue land Security and Governmental Af- Chairman certifies in writing to the Chair- a subpoena shall be provided to the Chair- fairs’ Subcommittee on Federal Finan- man and Ranking Minority Member of the man and Ranking Minority Member of the cial Management, Government Infor- full Committee that, in his or her opinion, it Committee, or staff officers designated by is necessary to issue a subpoena imme- them, by the Subcommittee Chairman or a mation, Federal Services, and Inter- diately. staff officer designated by him or her, imme- national Security adopted sub- When the Subcommittee or its Chairman diately upon such authorization, and no sub- committee rules of procedure. authorizes subpoenas, subpoenas may be poena shall be issued for at least 48 hours, Consistent with standing rule XXVI, issued upon the signature of the Chairman or excluding Saturdays and Sundays, from de- I ask unanimous consent to have print- any other Member of the Subcommittee des- livery to the appropriate offices, unless the ed in the RECORD a copy of the rules of ignated by the Chairman. Chairman and Ranking Minority Member waive the 48 hour waiting period or unless the Subcommittee on Federal Finan- f cial Management, Government Infor- the Subcommittee Chairman certifies in PERMANENT SUBCOMMITTEE ON writing to the Chairman and Ranking Minor- mation, Federal Services, and Inter- ity Member that, in his or her opinion, it is national Security. INVESTIGATIONS RULES OF PRO- CEDURE necessary to issue a subpoena immediately. There being no objection, the mate- (3) The Chairman shall have the authority rial was ordered to be printed in the Mr. LIEBERMAN. Mr. President, to call meetings of the Subcommittee. This RECORD, as follows: Senate standing rule XXVI requires authority may be delegated by the Chairman RULES OF PROCEDURE OF THE COMMITTEE ON each committee to adopt rules to gov- to any other Member of the Subcommittee HOMELAND SECURITY AND GOVERNMENT AF- ern the procedure of the committee and when necessary. (4) If at least three Members of the Sub- FAIRS; SUBCOMMITTEE ON FEDERAL FINAN- to publish those rules in the CONGRES- CIAL MANAGEMENT, GOVERNMENT INFORMA- committee desire the Chairman to call a spe- SIONAL RECORD not later than March 1 TION, FEDERAL SERVICES, AND INTER- cial meeting, they may file in the office of of the first year of each Congress. On NATIONAL SECURITY the Subcommittee, a written request there- February 16, 2007, a majority of the for, addressed to the Chairman. Immediately (1) SUBCOMMITTEE RULES.—The Subcom- mittee shall be governed, where applicable, members of the Committee on Home- thereafter, the clerk of the Subcommittee by the rules of the full Committee on Home- land Security and Governmental Af- shall notify the Chairman of such request. If, land Security and Government Affairs and fairs’ Permanent Subcommittee on In- within 3 calendar days after the filing of the Standing Rules of the Senate. vestigations adopted subcommittee such request, the Chairman fails to call the requested special meeting, which is to be (2) QUORUMS.— rules of procedure. (A) TRANSACTION OF ROUTINE BUSINESS.— held within 7 calendar days after the filing of Consistent with standing rule XXVI, such request, a majority of the Sub- One-third of the membership of the Sub- I ask unanimous consent to have print- committee shall constitute a quorum for the committee Members may file in the office of transaction of routine business, provided ed in the CONGRESSIONAL RECORD a the Subcommittee their written notice that that one Member of the Minority is present. copy of the rules of the Permanent a special Subcommittee meeting will be For the purpose of this paragraph, the term Subcommittee on Investigations. held, specifying the date and hour thereof, ‘‘routine business’’ includes the convening of There being no objection, the mate- and the Subcommittee shall meet on that a meeting and the consideration of any busi- rial was ordered to be printed in the date and hour. Immediately upon the filing of such notice, the Subcommittee clerk shall ness of the Subcommittee other than report- RECORD, as follows: ing to the full Committee on Homeland Se- notify all Subcommittee Members that such 110TH CONGRESS—RULES OF PROCEDURE FOR curity and Government Affairs any meas- special meeting will be held and inform them THE SENATE PERMANENT SUBCOMMITTEE ON ures, matters or recommendations. of its date and hour. If the Chairman is not INVESTIGATIONS OF THE COMMITTEE ON (B) TAKING TESTIMONY.—One Member of the present at any regular, additional or special OMELAND SECURITY AND GOVERNMENTAL Subcommittee shall constitute a quorum for H meeting, the Ranking Majority Member AFFAIRS AS ADOPTED FEBRUARY 16, 2007 taking sworn or unsworn testimony. present shall preside. (C) PROXIES PROHIBITED IN ESTABLISHMENT (1) No public hearing connected with an in- (5) For public or executive sessions, one OF QUORUM.—Proxies shall not be considered vestigation may be held without the ap- Member of the Subcommittee shall con- for the establishment of a quorum. proval of either the Chairman and the Rank- stitute a quorum for the administering of (3) SUBCOMMITTEE SUBPOENAS.—The Chair- ing Minority Member or the approval of a oaths and the taking of testimony in any man of the Subcommittee, with the approval Majority of the Members of the Sub- given case or subject matter. of the Ranking Minority Member of the Sub- committee. In all cases, notification to all One-third of the Members of the Sub- committee, is authorized to subpoena the at- Members of the intent to hold hearings must committee shall constitute a quorum for the tendance of witnesses or the production of be given at least 7 days in advance to the transaction of Subcommittee business other memoranda, documents, records, or any date of the hearing. The Ranking Minority than the administering of oaths and the tak- other materials at a hearing, provided that Member should be kept fully apprised of pre- ing of testimony, provided that one member the Chairman may subpoena attendance or liminary inquiries, investigations, and hear- of the minority is present. production without the approval of the ings. Preliminary inquiries may be initiated (6) All witnesses at public or executive Ranking Minority Member where the Chair- by the Subcommittee Majority staff upon hearings who testify to matters of fact shall man or a staff officer designated by him/her the approval of the Chairman and notice of be sworn. has not received notification from the Rank- such approval to the Ranking Minority (7) If, during public or executive sessions, a ing Minority Member or a staff officer des- Member or the Minority counsel. Prelimi- witness, his or her counsel, or any spectator ignated by him/her of disapproval of the sub- nary inquiries may be undertaken by the Mi- conducts himself or herself in such a manner poena within 72 hours, excluding Saturdays nority staff upon the approval of the Rank- as to prevent, impede, disrupt, obstruct, or and Sundays, of being notified of the sub- ing Minority Member and notice of such ap- interfere with the orderly administration of poena. If a subpoena is disapproved by the proval to the Chairman or Chief Counsel. In- such hearing, the Chairman or presiding Ranking Minority Member as provided here- vestigations may be undertaken upon the ap- Member of the Subcommittee present during in, the subpoena may be authorized by vote proval of the Chairman of the Subcommittee such hearing may request the Sergeant at of the Members of the Subcommittee. and the Ranking Minority Member with no- Arms of the Senate, his or her representative Immediately upon authorization of the tice of such approval to all Members. or any law enforcement official to eject said issuance of a subpoena under these rules, a No public hearing shall be held if the Mi- person from the hearing room. written notice of intent to issue the sub- nority Members unanimously object, unless (8) Counsel retained by any witness and ac- poena shall be provided to the Chairman and the full Committee on Homeland Security companying such witness shall be permitted Ranking Minority Member of the full Com- and Governmental Affairs by a majority vote to be present during the testimony of such mittee on Homeland Security and Govern- approves of such public hearing. witness at any public or executive hearing, ment Affairs, or staff officers designated by Senate Rules will govern all closed ses- and to advise such witness while he or she is them, by the Subcommittee Chairman or a sions convened by the Subcommittee (Rule testifying, of his or her legal rights; pro- staff officer designated by him/her, and no XXVI, Sec. 5(b), Standing Rules of the Sen- vided, however, that in the case of any wit- subpoena shall be issued for at least 48 hours, ate). ness who is an officer or employee of the gov- excluding Saturdays and Sundays, from de- (2) Subpoenas for witnesses, as well as doc- ernment, or of a corporation or association, livery to the appropriate offices, unless the uments and records, may be authorized and the Subcommittee Chairman may rule that Chairman and Ranking Minority Member of issued by the Chairman, or any other Mem- representation by counsel from the govern- the full Committee on Homeland Security ber of the Subcommittee designated by him ment, corporation, or association, or by and Government Affairs waive the 48-hour or her, with notice to the Ranking Minority counsel representing other witnesses, creates

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4923 a conflict of interest, and that the witness (10) Any witness desiring to read a pre- her sworn statement, as well as any other may only be represented during interroga- pared or written statement in executive or matters related to the subject of the inves- tion by staff or during testimony before the public hearings shall file a copy of such tigation before the Subcommittee. Subcommittee by personal counsel not from statement with the Chief Counsel or Chair- (16) All testimony taken in executive ses- the government, corporation, or association, man of the Subcommittee 48 hours in ad- sion shall be kept secret and will not be re- or by personal counsel not representing vance of the hearings at which the statement leased for public information without the ap- other witnesses. This rule shall not be con- is to be presented unless the Chairman and proval of a majority of the Subcommittee. strued to excuse a witness from testifying in the Ranking Minority Member waive this re- (17) No Subcommittee report shall be re- the event his or her counsel is ejected for quirement. The Subcommittee shall deter- leased to the public unless approved by a ma- conducting himself or herself in such a man- mine whether such statement may be read or jority of the Subcommittee and after no less ner so as to prevent, impede, disrupt, ob- placed in the record of the hearing. than 10 days’ notice and opportunity for struct, or interfere with the orderly adminis- (11) A witness may request, on grounds of comment by the Members of the Sub- tration of the hearings; nor shall this rule be distraction, harassment, personal safety, or committee unless the need for such notice construed as authorizing counsel to coach physical discomfort, that during the testi- and opportunity to comment has been the witness or answer for the witness. The mony, television, motion picture, and other waived in writing by a majority of the Mi- failure of any witness to secure counsel shall cameras and lights, shall not be directed at nority Members. not excuse such witness from complying him or her. Such requests shall be ruled on (18) The Ranking Minority Member may with a subpoena or deposition notice. by the Subcommittee Members present at select for appointment to the Subcommittee (9) DEPOSITIONS.— the hearing. staff a Chief Counsel for the Minority and (9.1) NOTICE.—Notices for the taking of (12) An accurate stenographic record shall such other professional staff members and depositions in an investigation authorized by be kept of the testimony of all witnesses in clerical assistants as he or she deems advis- the Subcommittee shall be authorized and executive and public hearings. The record of able. The total compensation allocated to issued by the Chairman. The Chairman of his or her own testimony, whether in public such Minority staff members shall be not the full Committee and the Ranking Minor- or executive session, shall be made available less than one-third the total amount allo- ity Member of the Subcommittee shall be for inspection by witness or his or her coun- cated for all Subcommittee staff salaries kept fully apprised of the authorization for sel under Subcommittee supervision; a copy during any given year. The Minority staff the taking of depositions. Such notices shall of any testimony given in public session or members shall work under the direction and specify a time and place of examination, and that part of the testimony given by the wit- supervision of the Ranking Minority Mem- the name of the Subcommittee Member or ness in executive session and subsequently ber. The Chief Counsel for the Minority shall Members or staff officer or officers who will quoted or made part of the record in a public be kept fully informed as to preliminary in- take the deposition. The deposition shall be session shall be made available to any wit- quiries, investigations, and hearings, and in private. The Subcommittee shall not ini- ness at his or her expense if he or she so re- shall have access to all material in the files tiate procedures leading to criminal or civil quests. of the Subcommittee. enforcement proceedings for a witness’s fail- (13) Interrogation of witnesses at Sub- (19) When it is determined by the Chairman ure to appear unless the deposition notice committee hearings shall be conducted on and Ranking Minority Member, or by a ma- was accompanied by a Subcommittee sub- behalf of the Subcommittee by Members and jority of the Subcommittee, that there is poena. authorized Subcommittee staff personnel reasonable cause to believe that a violation (9.2) COUNSEL.—Witnesses may be accom- only. of law may have occurred, the Chairman and panied at a deposition by counsel to advise (14) Any person who is the subject of an in- Ranking Minority Member by letter, or the them of their legal rights, subject to the pro- vestigation in public hearings may submit to Subcommittee by resolution, are authorized visions of Rule 8. the Chairman of the Subcommittee ques- to report such violation to the proper State, (9.3) PROCEDURE.—Witnesses shall be exam- tions in writing for the cross-examination of local and/or Federal authorities. Such letter ined upon oath administered by an indi- other witnesses called by the Subcommittee. or report may recite the basis for the deter- vidual authorized by local law to administer With the consent of a majority of the Mem- mination of reasonable cause. This rule is oaths. Questions shall be propounded orally bers of the Subcommittee present and vot- not authority for release of documents or by Subcommittee Members or staff. Objec- ing, these questions, or paraphrased versions testimony. tions by the witness as to the form of ques- of them, shall be put to the witness by the f tions shall be noted for the record. If a wit- Chairman, by a Member of the Sub- ness objects to a question and refuses to tes- committee, or by counsel of the Sub- LOCAL LAW ENFORCEMENT tify on the basis of relevance or privilege, committee. ENHANCEMENT ACT OF 2005 the Subcommittee Members or staff may (15) Any person whose name is mentioned Mr. SMITH. Mr. President, I rise proceed with the deposition, or may, at that or who is specifically identified, and who be- today to speak about the need for hate time or at a subsequent time, seek a ruling lieves that testimony or other evidence pre- by telephone or otherwise on the objection sented at a public hearing, or comment made crimes legislation. Each Congress, Sen- from the Chairman or such Subcommittee by a Subcommittee Member or counsel, ator KENNEDY and I introduce hate Member as designated by him or her. If the tends to defame him or her or otherwise ad- crimes legislation that would add new Chairman or designated Member overrules versely affect his or her reputation, may (a) categories to current hate crimes law, the objection, he or she may refer the matter request to appear personally before the Sub- sending a signal that violence of any to the Subcommittee or he or she may order committee to testify in his or her own be- kind is unacceptable in our society. and direct the witness to answer the ques- half, or, in the alternative, (b) file a sworn Likewise, each Congress I have come to tion, but the Subcommittee shall not ini- statement of facts relevant to the testimony the floor to highlight a separate hate tiate procedures leading to civil or criminal or other evidence or comment complained of. enforcement unless the witness refuses to Such request and such statement shall be crime that has occurred in our coun- testify after he or she has been ordered and submitted to the Subcommittee for its con- try. directed to answer by a Member of the Sub- sideration and action. On February 21, 2007, in Boulder, CO, committee. If a person requests to appear personally a Naropa University lesbian student (9.4) FILING.—The Subcommittee staff shall before the Subcommittee pursuant to alter- was attacked by two men. These two see that the testimony is transcribed or elec- native (a) referred to herein, said request men made sexual advances towards the tronically recorded. If it is transcribed, the shall be considered untimely if it is not re- student. When she informed them that witness shall be furnished with a copy for re- ceived by the Chairman of the Subcommittee she was a lesbian, they attacked her. view pursuant to the provisions of Rule 12. or its counsel in writing on or before thirty The individual administering the oath shall (30) days subsequent to the day on which said She was kicked and punched several certify on the transcript that the witness person’s name was mentioned or otherwise times and had to be treated for serious was duly sworn in his or her presence, the specifically identified during a public hear- body injuries at a nearby hospital. The transcriber shall certify that the transcript ing held before the Subcommittee, unless the police are investigating this as a pos- is a true record of the testimony, and the Chairman and the Ranking Minority Member sible hate crime. transcript shall then be filed with the Sub- waive this requirement. I believe that the Government’s first committee clerk. Subcommittee staff may If a person requests the filing of his or her duty is to defend its citizens, to defend stipulate with the witness to changes in this sworn statement pursuant to alternative (b) them against the harms that come out procedure; deviations from this procedure referred to herein, the Subcommittee may which do not substantially impair the reli- condition the filing of said sworn statement of hate. The Local Law Enforcement ability of the record shall not relieve the upon said person agreeing to appear person- Enhancement Act is a symbol that can witness from his or her obligation to testify ally before the Subcommittee and to testify become substance. I believe that by truthfully. concerning the matters contained in his or passing this legislation and changing

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4924 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 current law, we can change hearts and By its own reflection in the tide. Swim in the moonlight as he passed, minds as well. Meanwhile, his friend through alley and And the meeting-house windows, black and bare, f street Wanders and watches, with eager ears, Gaze at him with a spectral glare, TRIBUTE TO HENRY WADSWORTH Till in the silence around him he hears As if they already stood aghast LONGFELLOW The muster of men at the barrack door, At the bloody work they would look upon. Mr. KENNEDY. Mr. President, yes- The sound of arms, and the tramp of feet, It was two by the village clock, And the measured tread of the grenadiers, terday, February 27 marked the 200th When he came to the bridge in Concord town. Marching down to their boats on the shore. He heard the bleating of the flock, anniversary of the birth of one of Then he climbed the tower of the Old North And the twitter of birds among the trees, America’s greatest and best loved Church, And felt the breath of the morning breeze poets, Henry Wadsworth Longfellow. By the wooden stairs, with stealthy tread, Blowing over the meadow brown. His magnificent poems portray the To the belfry chamber overhead, And one was safe and asleep in his bed unique character of the Nation and its And startled the pigeons from their perch Who at the bridge would be first to fall, history and are an essential part of our On the sombre rafters, that round him made Who that day would be lying dead, cultural legacy. Masses and moving shapes of shade,— Pierced by a British musket ball. He is especially beloved in Massachu- By the trembling ladder, steep and tall, You know the rest. In the books you have To the highest window in the wall, read setts. He was a member of the Harvard Where he paused to listen and look down faculty for many years, and the beau- How the British Regulars fired and fled,—— A moment on the roofs of the town How the farmers gave them ball for ball, tiful Longfellow House and the Long- And the moonlight flowing over all. From behind each fence and farmyard wall, fellow National Historic site are among Beneath, in the churchyard, lay the dead, Chasing the redcoats down the lane, the most popular sites in our State for In their night encampment on the hill, Then crossing the fields to emerge again residents and tourists alike. Wrapped in silence so deep and still Under the trees at the turn of the road, He was famed throughout the world That he could hear, like a sentinel’s tread, And only pausing to fire and load. for his extraordinary narrative poems, The watchful night-wind, as it went So through the night rode Paul Revere; and in his later years he was known as Creeping along from tent to tent, And so through the night went his cry of ‘‘the grand old man of American let- And seeming to whisper, ‘‘All is well!’’ alarm A moment only he feels the spell ters.’’ One of his classic poems in the To every Middlesex village and farm,—— Of the place and the hour, and the secret A cry of defiance, and not of fear, genre was ‘‘The Building of the Ship,’’ dread which drew on his love of the sea and A voice in the darkness, a knock at the door, Of the lonely belfry and the dead; And a word that shall echo for evermore! knowledge of ship building from his For suddenly all his thoughts are bent For, borne on the night-wind of the Past, early years in Portland, ME. Two lines On a shadowy something far away, Through all our history, to the last, near the end are some of his most fa- Where the river widens to meet the bay,— In the hour of darkness and peril and need, A line of black that bends and floats mous ‘‘Thou, too, sail on, O Ship of The people will waken and listen to hear On the rising tide like a bridge of boats. State! Sail on, O Union, strong and The hurrying hoof-beats of that steed, great!’’ which President Abraham Lin- Meanwhile, impatient to mount and ride, And the midnight message of Paul Revere. Booted and spurred, with a heavy stride —Henry Wadsworth Longfellow. coln found immensely inspiring. On the opposite shore walked Paul Revere. Another of his most famous narrative Now he patted his horse’s side, f poems is ‘‘Paul Revere’s Ride,’’ which Now he gazed at the landscape far and near, has always been a special favorite of Then, impetuous, stamped the earth, ADDITIONAL STATEMENTS mine. It tells the remarkable story of And turned and tightened his saddle girth; that early American patriot and his But mostly he watched with eager search dramatic ride from Boston to Lex- The belfry tower of the Old North Church, As it rose above the graves on the hill, ington and Concord at the beginning of WE THE PEOPLE NATIONAL Lonely and spectral and sombre and still. FINALISTS the Revolutionary War. It is one of the And lo! as he looks, on the belfry’s height most well-known poems in America, A glimmer, and then a gleam of light! ∑ Mrs. LINCOLN. Mr. President, from which students have memorized for He springs to the saddle, the bridle he turns, April 28 to 30, 2007, more than 1,200 stu- generations. But lingers and gazes, till full on his sight dents from across the country will visit On this bicentennial anniversary of A second lamp in the belfry burns. Washington, DC, to take part in the his birth, I would like to share that A hurry of hoofs in a village street, national finals of We the People: The poem with my colleagues. I ask unani- A shape in the moonlight, a bulk in the dark, Citizen and the Constitution, the most mous consent that it be printed in the And beneath, from the pebbles, in passing, a extensive educational program in the spark RECORD. Struck out by a steed flying fearless and country developed to educate young PAUL REVERE’S RIDE fleet; people about the U.S. Constitution and Listen my children and you shall hear That was all! And yet, through the gloom Bill of Rights. Administered by the Of the midnight ride of Paul Revere, and the light, Center for Civic Education, the We the On the eighteenth of April, in Seventy-five; The fate of a nation was riding that night; People Program is funded by the U.S. Hardly a man is now alive And the spark struck out by that steed, in Department of Education by act of Who remembers that famous day and year. his flight, Congress. He said to his friend, ‘‘If the British march Kindled the land into flame with its heat. I am proud to announce that the By land or sea from the town to-night, He has left the village and mounted the steep, State of Arkansas will be represented Hang a lantern aloft in the belfry arch by a class from Pottsville High School Of the North Church tower as a signal And beneath him, tranquil and broad and light,— deep, at this prestigious national event. One if by land, and two if by sea; Is the Mystic, meeting the ocean tides; These outstanding students, through And I on the opposite shore will be, And under the alders that skirt its edge, their knowledge of the U.S. Constitu- Ready to ride and spread the alarm Now soft on the sand, now loud on the ledge, tion, won their statewide competition Through every Middlesex village and farm, Is heard the tramp of his steed as he rides. and earned the chance to come to our For the country folk to be up and to arm.’’ It was twelve by the village clock Nation’s Capital and compete at the Then he said ‘‘Good-night!’’ and with muffled When he crossed the bridge into Medford national level. oar town. While in Washington, the students Silently rowed to the Charlestown shore, He heard the crowing of the cock, And the barking of the farmer’s dog, will participate in a 3-day academic Just as the moon rose over the bay, competition that simulates a congres- Where swinging wide at her moorings lay And felt the damp of the river fog, The Somerset, British man-of-war; That rises after the sun goes down. sional hearing in which they ‘‘testify’’ A phantom ship, with each mast and spar It was one by the village clock, before a panel of judges. Students dem- Across the moon like a prison bar, When he galloped into Lexington. onstrate their knowledge and under- And a huge black hulk, that was magnified He saw the gilded weathercock standing of constitutional principles as

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4925 they evaluate, take, and defend posi- story about the men and women who leadership in the perennial fight for the tions on relevant historical and con- control government spending which Low—Income Home Energy Assistance temporary issues. It is important to former House Budget Committee Program, LIHEAP, helped the coali- note that results of independent stud- Chairman James Jones said ‘‘should be tions sustain funding for the program ies of this nationally acclaimed pro- required reading for those who want to and add an extra $1 billion for LIHEAP gram reveal that We the People stu- understand our government.’’ Mr. Mun- in 2006. Working with the coalitions dents have knowledge gains that are son also provided expertise in energy and Senate and House manufacturing superior to students who have not par- efficiency and utility regulation, dem- task forces, the institute helped rescue ticipated in the program. Students also onstrated in his book, ‘‘The Power the Manufacturing Extension Partner- display a greater political tolerance Makers,’’ and more recently, ‘‘From ship from elimination preserving a pro- and commitment to the principles and Edison to Enron: The Business of gram that boosts manufacturing capac- values of the Constitution and Bill of Power and What It Means for the Fu- ity throughout our region. Rights than do students using tradi- ture of Electricity.’’ Mr. Munson came to the institute tional textbooks and approaches. With To complement his own skills and from the Center for Renewable Re- many reports and surveys indicating a knowledge, Mr. Munson enlisted a staff sources and Solar Lobby, where he lack of civic knowledge and civic par- of seasoned policy entrepreneurs, af- served as executive director from 1979 ticipation, I am pleased to support fording them the flexibility and lati- to 1983. With his departure from the in- such a superb program that is pro- tude to launch groundbreaking initia- stitute, I wish him luck on his new en- ducing an enlightened and engaged tives from Great Lakes restoration to deavor as a cofounder of a new com- citizenry. brownfields revitalization to commu- pany—Recycled Energy Development— The names of these outstanding stu- nity-based agriculture. Much of the in- that seeks to bring to fruition many of dents from Pottsville High School are stitute’s success has been rooted in Mr. the ideas that have been his passion for Jimmy Freeman, Amber Fuentes, Munson’s conviction that economic 30 years.∑ Dustin Harrell, Zach Murdoch, Brent progress and environmental enhance- f Pless, James Schell, Hannah Walker, ment are inextricably linked. 2007 WE THE PEOPLE NATIONAL Hannah Williamson, and Tyler His extensive legacy includes the in- FINALS Winchell. stitute’s work to help craft the Na- I also wish to commend the teacher tion’s first pollution prevention law in- ∑ Mr. SMITH. Mr. President, today I of the class, James Wagner, who is re- stituting the paradigm shift to ac- wish to recognize the more than 1,200 sponsible for preparing these young knowledge that waste generation not students from across the country who constitutional experts for the national only pollutes the environment but also will visit Washington, DC, to take part finals. Also worthy of special recogni- exacts economic costs. In 1991 the In- in the national finals of We the People: tion is Jeff Wittingham, the State co- stitute held the first national con- The Citizen and the Constitution, the ordinator, and Marilyn Friga, the dis- ference on salvaging the Nation’s aban- most extensive educational program in trict coordinator, who are among those doned and underused brownfield sites. the country developed to educate responsible for implementing the We The conference spurred a decade of re- young people about the U.S. Constitu- the People Program in my State. search and education that paved the tion and Bill of Rights. I wish these students much success as way for passage of the Brownfield Revi- I am proud to announce that the they prepare to compete at the We the talization and Environmental Restora- State of Oregon will be represented by People national finals and applaud tion Act in 2002. Grant High School from Portland at their exceptional achievement.∑ Under Mr. Munson’s leadership, the this prestigious national event. These f institute also concentrated relentlessly outstanding students, through their on Great Lakes restoration, leading to knowledge of the U.S. Constitution, COMMENDING DICK MUNSON passage of the Great Lakes Legacy Act. won their statewide competition and ∑ Mr. REED. Mr. President, on behalf He was instrumental in launching the earned the chance to come to our Na- of the 29 members of the Northeast- Great Lakes Cities Initiative, enabling tion’s Capital and compete at the na- Midwest Senate Coalition, I commend the region’s mayors to share best prac- tional level. Richard Munson for his distinguished tices and obtain a seat at the policy- While in Washington, the students service as the director of the North- making table. And in direct response to will participate in a 3-day academic east-Midwest Institute. For more than the critical threat of invasive species competition that simulates a congres- two decades through four Presidential to the Great Lakes, the Institute cre- sional hearing in which they ‘‘testify’’ administrations, 10 Congresses, and ated the Great Ships Initiative to en- before a panel of judges. Students dem- dramatic changes in our Nation’s polit- gage ports, shipping companies, and onstrate their knowledge and under- ical landscape—Mr. Munson’s leader- shippers in combating the problem. standing of constitutional principles as ship has kept the institute at the fore- With the 2002 farm bill, the institute they evaluate, take, and defend posi- front of policy innovations to benefit began collaborating with states and tions on relevant historical and con- our region. policy partners to promote entrepre- temporary issues. With many reports Formed in the mid-1970s, the insti- neurial agriculture, private lands con- and surveys indicating the lack of civic tute works with the bipartisan North- servation, and community-based ap- knowledge and civic participation I am east-Midwest Senate and Congressional proaches to reducing hunger and im- pleased to support such a superb pro- Coalitions to develop and implement proving public health. The institute gram that is producing an enlightened policies that promote the economic vi- continues advancing these principles and engaged citizenry. tality and environmental quality of the by facilitating the Farm and Food Pol- Mr. President, the names of these region’s 18 States. As the institute’s icy Project, a collaborative effort outstanding students from Grant High lead strategist, Mr. Munson has col- working toward a more sustainable School are: laborated with the coalitions’ leaders food and agricultural system for the Phoebe Anderson-Dana, Alex and task forces to identify the region’s United States. Barbour, Rachael Bortin, Rachael pressing concerns, deliver high quality In addition to advancing policy ini- Bosworth, Andrew Carlson, Alma research about policies to address tiatives, Mr. Munson has helped the Chapa, Daniel Cruse, Casey Daline, them, and provide information that coalitions resist pressure from other Camille Faulkner, Rebecca Fischer, made a compelling case for legislation. regions to cut funding for programs Laura Harris, Tiffany Harrison, Kristin Mr. Munson brought to the institute that are most important to the North- Ivie, Mark Johnston, Madeline Jones, an unparalleled grasp of the internal east and Midwest—and oversaw the in- Jennifer Kemp, Sally Larkins, Sarah workings of Congress. In 1993, he au- stitute’s hallmark reports that reveal Lazzeroni, Julia Liedel, Benjamin thored the Cardinals of Capitol Hill, a the flow of Federal funds to States. His MacCormack-Gelles, Edward Maisha,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4926 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 Zachary Mayer, Eamon McMahon, MESSAGE FROM THE HOUSE Homeland Security International Coopera- tive Programs Office, and for other purposes; Asumi Ohgushi, Phung Phan, Steph- At 11:25 a.m., a message from the anie Phoutrides, Hugh Runyun, Riley to the Committee on Homeland Security and House of Representatives, delivered by Governmental Affairs. Scheid, Emily Schorr, Cassidy Slaugh- Ms. Niland, one of its reading clerks, H.R. 990. To provide all low-income stu- ter-Mason, Annie Soga, Jack Stephens, announced that the House has passed dents with the same opportunity to receive a Annabelle Thomas, Annika Tohlen, and the following bills, in which it requests Pell Grant by suspending the tuition sensi- Kathleen Ward. the concurrence of the Senate: tivity provision in the Pell Grant program; I also commend the teacher of the to the Committee on Health, Education, H.R. 494. An act to provide for the condi- class, Mr. Geoff Henderson, who is re- Labor, and Pensions. tional conveyance of any interest retained H.R. 1066. An act to increase community sponsible for preparing these young by the United States in St. Joseph Memorial constitutional experts for the national development investments by depository in- Hall in St. Joseph, Michigan. stitutions, and for other purposes; to the finals. Also worthy of special recogni- H.R. 644. An act to facilitate the provision Committee on Banking, Housing, and Urban tion is Ms. Marilyn Cover, the State of assistance by the Department of Housing Affairs. and Urban Development for the cleanup and coordinator, and Ms. Diane Thelen- The following concurrent resolution Sager, the district coordinator, who economic redevelopment of brown fields. H.R. 755. An act to require annual oral tes- was read, and referred as indicated: are among those responsible for imple- timony before the Financial Services Com- H. Con. Res. 74. Concurrent resolution ex- menting the We the People program in mittee of the Chairperson or a designee of pressing the sense of the Congress regarding my State. the Chairperson of the Securities and Ex- the need for additional research into the This group of students from Grant change Commission, the Financial Account- chronic neurological condition hydro- High School has brought pride to the ing Standards Board, and the Public Com- cephalus, and for other purposes; to the Com- State of Oregon, and I ask my col- pany Accounting Oversight Board, relating mittee on Health, Education, Labor, and leagues to join me in congratulating to their efforts to promote transparency in Pensions. them for their exceptional achieve- financial reporting. f ∑ H.R. 884. An act to provide for the estab- ment. lishment of the Science and Technology EXECUTIVE AND OTHER f Homeland Security International Coopera- COMMUNICATIONS tive Programs Office, and for other purposes. The following communications were REPORT ON THE CONTINUATION H.R. 990. An act to provide all low-income OF THE NATIONAL EMERGENCY students with the same opportunity to re- laid before the Senate, together with WITH RESPECT TO CERTAIN AC- ceive a Pell Grant by suspending the tuition accompanying papers, reports, and doc- TIONS AND POLICIES INTENDED sensitivity provision in the Pell Grant pro- uments, and were referred as indicated: TO UNDERMINE ZIMBABWE’S gram. EC–849. A communication from the Presi- DEMOCRATIC PROCESSES OR IN- H.R. 1066. An act to increase community dent of the United States, transmitting, pur- STITUTIONS—PM 8 development investments by depository in- suant to law, a report on the continuation of stitutions, and for other purposes. the national emergency with respect to the The PRESIDING OFFICER laid be- H.R. 1129. An act to provide for the con- Government of Cuba’s destruction of two un- fore the Senate the following message struction, operation, and maintenance of an armed U.S.-registered civilian aircraft on from the President of the United arterial road in St. Louis County, Missouri. February 24, 1996; to the Committee on States, together with an accompanying The message also announced that the Banking, Housing, and Urban Affairs. report; which was referred to the Com- House has agreed to the following con- EC–850. A communication from the Assist- ant Secretary (Community Planning and De- mittee on Banking, Housing, and current resolutions, in which it re- velopment), Department of Housing and Urban Affairs: quests the concurrence of the Senate: Urban Development, transmitting, pursuant To the Congress of the United States: H. Con. Res. 47. Concurrent resolution sup- to law, the first Annual Homeless Assess- Section 202(d) of the National Emer- porting the goals and ideals of a National ment Report; to the Committee on Banking, Medal of Honor Day to celebrate and honor Housing, and Urban Affairs. gencies Act (50 U.S.C. 1622(d)) provides the recipients of the Medal of Honor. EC–851. A communication from the Presi- for the automatic termination of a na- H. Con. Res. 74. Concurrent resolution ex- dent and Chief Executive Officer, National tional emergency unless, prior to the pressing the sense of the Congress regarding Railroad Passenger Corporation, transmit- anniversary date of its declaration, the the need for additional research into the ting, pursuant to law, the Corporation’s President publishes in the Federal Reg- chronic neurological condition hydro- Grant and Legislative Request for fiscal year ister and transmits to the Congress a cephalus, and for other purposes. 2008; to the Committee on Commerce, notice stating that the emergency is to f Science, and Transportation. EC–852. A communication from the Sec- continue in effect beyond the anniver- MEASURES REFERRED retary, Federal Trade Commission, transmit- sary date. In accordance with this pro- The following bills were read the first ting, pursuant to law, a report entitled ‘‘Re- vision, I have sent the enclosed notice and the second times by unanimous port to Congress on Implementing the Chil- to the Federal Register for publication, dren’s Online Privacy Protection Act (Feb- consent, and referred as indicated: stating that the national emergency ruary 2007)’’; to the Committee on Com- with respect to the actions and policies H.R. 494. An act to provide for the condi- merce, Science, and Transportation. tional conveyance of any interest retained EC–853. A communication from the Sec- of certain members of the Government by the United States in St. Joseph Memorial retary of Energy, transmitting, the report of of Zimbabwe and other persons to un- Hall in St. Joseph, Michigan; to the Com- legislation that authorizes the Secretary to dermine Zimbabwe’s democratic proc- mittee on Homeland Security and Govern- use expedited procedures to promulgate rules esses or institutions is to continue in mental Affairs. establishing energy conservation standards; effect beyond March 6, 2007. H.R. 644. An act to facilitate the provision to the Committee on Energy and Natural Re- The crisis constituted by the actions of assistance by the Department of Housing sources. and policies of certain members of the and Urban Development for the cleanup and EC–854. A communication from the Assist- Government of Zimbabwe and other economic redevelopment of brownfields; to ant Secretary, Land and Minerals Manage- the Committee on Banking, Housing, and ment, Department of the Interior, transmit- persons to undermine Zimbabwe’s Urban Affairs. ting, pursuant to law, the report of a rule en- democratic processes or institutions H.R. 755. An act to require annual oral tes- titled ‘‘Oil and Gas and Sulphur Operations has not been resolved. These actions timony before the Financial Services Com- and Leasing in the Outer Continental Shelf and policies pose a continuing unusual mittee of the Chairperson or a designee of and Oil Spill Financial Responsibility for and extraordinary threat to the foreign the Chairperson of the Securities and Ex- Offshore Facilities—Civil Penalties’’ policy of the United States. For these change Commission, the Financial Account- (RIN1010–AD39) received on February 27, 2007; reasons, I have determined that it is ing Standards Board, and the Public Com- to the Committee on Energy and Natural Re- pany Accounting Oversight Board, relating sources. necessary to continue this national to their efforts to promote transparency in EC–855. A communication from the Assist- emergency and to maintain in force the financial reporting; to the Committee on ant Secretary, Land and Minerals Manage- sanctions to respond to this threat. Banking, Housing, and Urban Affairs. ment, Department of the Interior, transmit- GEORGE W. BUSH. H.R. 884. An act to provide for the estab- ting, pursuant to law, the report of a rule en- THE WHITE HOUSE, February 28, 2007. lishment of the Science and Technology titled ‘‘Oil and Gas and Sulphur Operations

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A communication from the Assist- fairs. and expand certain energy tax incentives, ant Secretary, Land and Minerals Manage- EC–867. A communication from the Chair- and for other purposes; to the Committee on ment, Department of the Interior, transmit- man, Council of the District of Columbia, Finance. ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, a report on By Mr. KOHL (for himself, Mr. KEN- titled ‘‘Tennessee Federal Regulatory Pro- D.C. Act 17–19, ‘‘Lower Georgia Avenue Job NEDY, and Mr. DURBIN): gram’’ (RIN1029–AC50) received on February Training Center Funding Authorization S. 702. A bill to authorize the Attorney 27, 2007; to the Committee on Energy and Temporary Act of 2007’’ received on February General to award grants to State courts to Natural Resources. 27, 2007; to the Committee on Homeland Se- develop and implement State courts inter- EC–857. A communication from the Chief of curity and Governmental Affairs. preter programs; to the Committee on the the Publications and Regulations Branch, In- EC–868. A communication from the Chair- Judiciary. ternal Revenue Service, Department of the man, Council of the District of Columbia, By Mr. KOHL (for himself and Mr. KEN- Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, a report on NEDY): report of a rule entitled ‘‘Statute of Limita- D.C. Act 17–18, ‘‘Exploratory Committee Reg- S. 703. A bill to expand the definition of tions on Assessment Concerning Certain In- ulation Temporary Amendment Act of 2007’’ immediate relative for purposes of the Immi- dividual Filing Income Tax Returns With the received on February 27, 2007; to the Com- gration and Nationality Act; to the Com- USVI’’ (Notice 2007–19) received on February mittee on Homeland Security and Govern- mittee on the Judiciary. 26, 2007; to the Committee on Finance. mental Affairs. By Mr. NELSON of Florida (for himself EC–858. A communication from the Chief of EC–869. A communication from the Chair- and Ms. SNOWE): the Publications and Regulations Branch, In- man, Council of the District of Columbia, S. 704. A bill to amend the Communica- ternal Revenue Service, Department of the transmitting, pursuant to law, a report on tions Act of 1934 to prohibit manipulation of Treasury, transmitting, pursuant to law, the D.C. Act 17–17, ‘‘Ballpark Hard and Soft caller identification information; to the report of a rule entitled ‘‘Announcement and Costs Cap Temporary Act of 2007’’ received Committee on Commerce, Science, and Report Concerning Advance Pricing Agree- on February 27, 2007; to the Committee on Transportation. ments’’ (Notice 2007–31) received on February Homeland Security and Governmental Af- By Mr. LEVIN (for himself, Mr. THOM- 26, 2007; to the Committee on Finance. fairs. AS, Ms. STABENOW, Mr. GRASSLEY, EC–859. A communication from the Chief of EC–870. A communication from the Prin- and Mr. HARKIN): the Publications and Regulations Branch, In- cipal Deputy Assistant Secretary, Bureau of S. 705. A bill to amend the Office of Federal ternal Revenue Service, Department of the Indian Affairs, Department of the Interior, Procurement Policy Act to establish a gov- Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of ernmentwide policy requiring competition in report of a rule entitled ‘‘Revised Housing a rule entitled ‘‘25 CFR Part 61 Preparation certain executive agency procurements, and Cost Amounts Eligible for Exclusion or De- of Rolls of Indiana’’ (RIN1076–AE44) received for other purposes; to the Committee on duction’’ (Notice 2007–25) received on Feb- on February 27, 2007; to the Committee on In- Homeland Security and Governmental Af- ruary 26, 2007; to the Committee on Finance. dian Affairs. fairs. EC–860. A communication from the Acting f By Mr. FEINGOLD: Regulations Officer, Office of Disability and S. 706. A bill to amend title XVIII of the Income Security Programs, Social Security REPORTS OF COMMITTEES Social Security Act to repeal the MA Re- Administration, transmitting, pursuant to The following reports of committees gional Plan Stabilization Fund; to the Com- law, the report of a rule entitled ‘‘Optom- were submitted: mittee on Finance. etrists as ‘Acceptable Medical Sources’ to By Mrs. BOXER (for herself and Mrs. Establish a Medically Determinable Impair- By Mrs. FEINSTEIN, from the Committee FEINSTEIN): ment’’ (RIN0960–AG05) received on February on Rules and Administration, without S. 707. A bill to provide all low-income stu- 27, 2007; to the Committee on Finance. amendment: dents with the same opportunity to receive a EC–861. A communication from the Assist- S. Res. 89. An original resolution author- Pell Grant by suspending the tuition sensi- ant Secretary, Office of Legislative Affairs, izing expenditures by committees of the Sen- tivity provision in the Pell Grant program; Department of State, transmitting, pursuant ate for the periods March 1, 2007, through to the Committee on Health, Education, to law, a report relative to the authorization September 30, 2007, and October 1, 2007, Labor, and Pensions. of the use of funds in Peacekeeping Oper- through September 30, 2008, and October 1, By Mr. KOHL (for himself, Mr. COCH- ations; to the Committee on Foreign Rela- 2008, through February 28, 2009. RAN, and Mr. DURBIN): tions. f S. 708. A bill to promote labor force par- EC–862. A communication from the Assist- INTRODUCTION OF BILLS AND ticipation of older Americans, with the goals ant Secretary, Office of Legislative Affairs, of increasing retirement security, reducing Department of State, transmitting, pursuant JOINT RESOLUTIONS the projected shortage of experienced work- to law, a report relative to the exports that The following bills and joint resolu- ers, maintaining future economic growth, fall under the Arms Export Control Act con- tions were introduced, read the first and improving the Nation’s fiscal outlook; to sidered eligible for approval by the Adminis- the Committee on Health, Education, Labor, tration; to the Committee on Foreign Rela- and second times by unanimous con- and Pensions. tions. sent, and referred as indicated: By Mr. KOHL (for himself, Mr. COCH- EC–863. A communication from the Assist- By Mr. ALLARD: RAN, Mr. DURBIN, Mrs. LINCOLN, and ant Secretary, Office of Legislative Affairs, S. 699. A bill to prevent the fraudulent use Mr. CRAIG): Department of State, transmitting, pursuant of social security account numbers by allow- S. 709. A bill to promote labor force par- to law, a report relative to the military per- ing the sharing of social security data among ticipation of older Americans, with the goals sonnel and civilian contractors involved in agencies of the United States for identity of increasing retirement security, reducing the anti-narcotics campaign in Colombia; to theft prevention and immigration enforce- the projected shortage of experienced work- the Committee on Foreign Relations. ment purposes, and for other purposes; to the ers, maintaining future economic growth, EC–864. A communication from the U.S. Committee on the Judiciary. and improving the Nation’s fiscal outlook; to Global Aids Coordinator, Department of By Mr. CRAPO (for himself, Mrs. LIN- the Committee on Finance. State, transmitting, pursuant to law, a re- COLN, Mr. BAUCUS, Mr. GRASSLEY, Mr. By Mr. INOUYE (for himself and Mr. port entitled ‘‘The Power of Partnerships’’; ALLARD, Mr. SALAZAR, Mr. SMITH, AKAKA): to the Committee on Foreign Relations. Mr. REID, Mr. LIEBERMAN, Mr. BEN- S. 710. A bill to reauthorize the programs EC–865. A communication from the Direc- NETT, Mr. ENZI, Mr. PRYOR, Mr. for the Department of Housing and Urban tor, Directorate of Standards and Guidance, CRAIG, Mr. NELSON of Nebraska, Ms. Development for housing assistance for Na- Department of Labor, transmitting, pursu- COLLINS, Mr. COCHRAN, and Mr. tive Hawaiians; to the Committee on Indian ant to law, the report of a rule entitled BROWNBACK): Affairs. ‘‘Electrical Standard’’ (RIN1218–AB95) re- S. 700. A bill to amend the Internal Rev- By Mr. SMITH (for himself, Mr. DOR- ceived on February 27, 2007; to the Com- enue Code to provide a tax credit to individ- GAN, and Mr. PRYOR): mittee on Health, Education, Labor, and uals who enter into agreements to protect S. 711. A bill to amend the Communica- Pensions. the habitats of endangered and threatened tions Act of 1934 to expand the contribution EC–866. A communication from the Direc- species, and for other purposes; to the Com- base for universal service, establish a sepa- tor, Office of Personnel Management, trans- mittee on Finance. rate account within the universal service

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fund to support the deployment of broadband By Mr. KERRY (for himself and Mr. S. 241 service in unserved areas of the United KENNEDY): At the request of Mr. WYDEN, the States, and for other purposes; to the Com- S. Res. 88. A resolution honoring the ex- name of the Senator from Wyoming mittee on Commerce, Science, and Transpor- traordinary achievements of Massachusetts (Mr. THOMAS) was added as a cosponsor tation. Governor Deval Patrick; to the Committee By Mr. SCHUMER: on the Judiciary. of S. 241, a bill to authorize the Sec- S. 712. A bill to amend the Internal Rev- By Mrs. FEINSTEIN: retary of the Interior to enter into co- enue Code of 1986 to equalize the exclusion S. Res. 89. An original resolution author- operative agreements to protect nat- from gross income of parking and transpor- izing expenditures by committees of the Sen- ural resources of units of the National tation fringe benefits and to provide for a ate for the periods March 1, 2007, through Park System through collaborative ef- common cost-of-living adjustment, and for September 30, 2007, and October 1, 2007, forts on land inside and outside of other purposes; to the Committee on Fi- through September 30, 2008, and October 1, units of the National Park System. nance. 2008, through February 28, 2009; from the S. 294 By Mr. OBAMA (for himself, Mrs. Committee on Rules and Administration; MCCASKILL, Mr. BAUCUS, Mr. BAYH, placed on the calendar. At the request of Mr. LAUTENBERG, Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, By Ms. COLLINS (for herself, Mr. the names of the Senator from Mary- Mrs. BOXER, Mr. BROWN, Ms. CANT- OBAMA, Mr. DOMENICI, Mr. THOMAS, land (Ms. MIKULSKI), the Senator from WELL, Mr. DORGAN, Mr. DURBIN, Mr. and Mr. COCHRAN): Oregon (Mr. SMITH) and the Senator FEINGOLD, Mr. KERRY, Ms. KLO- S. Res. 90. A resolution commending stu- from Montana (Mr. TESTER) were added BUCHAR, Ms. LANDRIEU, Ms. MIKULSKI, dents who participated in the United States as cosponsors of S. 294, a bill to reau- Ms. MURKOWSKI, Mr. PRYOR, Mr. Senate Youth Program between 1962 and thorize Amtrak, and for other pur- ROCKEFELLER, Mr. SANDERS, Ms. 2007; considered and agreed to. poses. SNOWE, and Mr. CONRAD): By Mr. REED (for himself and Ms. COL- S. 713. A bill to ensure dignity in care for LINS): S. 311 members of the Armed Forces recovering S. Res. 91. A resolution designating March At the request of Ms. LANDRIEU, the from injuries; to the Committee on Armed 2, 2007, as ‘‘Read Across America Day’’; con- names of the Senator from Mississippi Services. sidered and agreed to. (Mr. LOTT) and the Senator from Con- By Mr. AKAKA: By Ms. SNOWE (for herself and Mr. necticut (Mr. DODD) were added as co- S. 714. A bill to amend the Animal Welfare MENENDEZ): sponsors of S. 311, a bill to amend the Act to ensure that all dogs and cats used by S. Con. Res. 14. A concurrent resolution research facilities are obtained legally; to commemorating the 85th anniversary of the Horse Protection Act to prohibit the the Committee on Agriculture, Nutrition, founding of the American Hellenic Edu- shipping, transporting, moving, deliv- and Forestry. cational Progressive Association, a leading ering, receiving, possessing, pur- By Ms. LANDRIEU (for herself, Mr. association for the 1,300,000 United States chasing, selling, or donation of horses KERRY, Ms. SNOWE, and Mr. VITTER): citizens of Greek ancestry and Philhellenes and other equines to be slaughtered for S. 715. A bill to amend the Small Business in the United States; to the Committee on human consumption, and for other pur- Act to provide expedited disaster assistance, the Judiciary. poses. and for other purposes; to the Committee on f S. 336 Small Business and Entrepreneurship. By Mr. COLEMAN (for himself, Mr. ADDITIONAL COSPONSORS At the request of Mr. DURBIN, the REID, Mr. MARTINEZ, Mr. SMITH, and name of the Senator from Minnesota S. 4 Mr. KOHL): (Mr. COLEMAN) was added as a cospon- S. 716. A bill to establish a Consortium on At the request of Mr. LIEBERMAN, the sor of S. 336, a bill to require the Sec- the Impact of Technology in Aging Health name of the Senator from Colorado retary of the Army to operate and Services; to the Committee on Health, Edu- (Mr. SALAZAR) was added as a cospon- maintain as a system the Chicago San- cation, Labor, and Pensions. sor of S. 4, a bill to make the United itary and Ship Canal dispersal barriers, By Mr. AKAKA (for himself, Mr. States more secure by implementing and for other purposes. SUNUNU, Mr. LEAHY, and Mr. TESTER): unfinished recommendations of the 9/11 S. 378 S. 717. A bill to repeal title II of the REAL Commission to fight the war on terror ID Act of 2005, to restore section 7212 of the At the request of Mr. LEAHY, the Intelligence Reform and Terrorism Preven- more effectively, to improve homeland name of the Senator from Maryland security, and for other purposes. tion Act of 2004, which provides States addi- (Mr. CARDIN) was added as a cosponsor tional regulatory flexibility and funding au- S. 130 of S. 378, a bill to amend title 18, thorization to more rapidly produce tamper- At the request of Mr. ALLARD, the United States Code, to protect judges, and counterfeit-resistant driver’s licenses, name of the Senator from Hawaii (Mr. and to protect privacy and civil liberties by prosecutors, witnesses, victims, and INOUYE) was added as a cosponsor of S. providing interested stakeholders on a nego- their family members, and for other tiated rulemaking with guidance to achieve 130, a bill to amend title XVIII of the purposes. improved 21st century licenses to improve Social Security Act to extend reason- S. 413 national security; to the Committee on the able cost contracts under Medicare. At the request of Mrs. CLINTON, the Judiciary. S. 185 name of the Senator from Illinois (Mr. By Mr. DURBIN (for himself and Mr. At the request of Mr. SPECTER, the DURBIN) was added as a cosponsor of S. CRAPO): name of the Senator from New York S. 718. A bill to optimize the delivery of 413, a bill to amend the Bank Holding critical care medicine and expand the crit- (Mrs. CLINTON) was added as a cospon- Company Act of 1956 and the Revised ical care workforce; to the Committee on sor of S. 185, a bill to restore habeas Statutes of the United States to pro- Health, Education, Labor, and Pensions. corpus for those detained by the United hibit financial holding companies and By Mr. LAUTENBERG (for himself, States. national banks from engaging, directly Mr. MENENDEZ, Mr. KENNEDY, and Mr. At the request of Mr. LEAHY, the or indirectly, in real estate brokerage REED): names of the Senator from New Jersey or real estate management activities, S. 719. A bill to amend section 10501 of title (Mr. LAUTENBERG) and the Senator and for other purposes. 49, United States Code, to exclude solid from Wisconsin (Mr. FEINGOLD) were waste disposal from the jurisdiction of the S. 415 Surface Transportation Board; to the Com- added as cosponsors of S. 185, supra. At the request of Mr. BROWNBACK, the mittee on Commerce, Science, and Transpor- S. 211 name of the Senator from Nevada (Mr. tation. At the request of Mrs. CLINTON, the ENSIGN) was added as a cosponsor of S. f name of the Senator from Louisiana 415, a bill to amend the Revised Stat- (Ms. LANDRIEU) was added as a cospon- utes of the United States to prevent SUBMISSION OF CONCURRENT AND sor of S. 211, a bill to facilitate nation- the use of the legal system in a manner SENATE RESOLUTIONS wide availability of 2–1–1 telephone that extorts money from State and The following concurrent resolutions service for information and referral on local governments, and the Federal and Senate resolutions were read, and human services. volunteer services, and Government, and inhibits such govern- referred (or acted upon), as indicated: for other purposes. ments’ constitutional actions under

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the first, tenth, and fourteenth amend- erage of mental health benefits and HARKIN) was added as a cosponsor of S. ments. benefits for medical and surgical serv- 659, a bill to amend section 1477 of title S. 431 ices. 10, United States Code, to provide for At the request of Mr. MCCAIN, the S. 576 the payment of the death gratuity with name of the Senator from Pennsyl- At the request of Mr. DODD, the name respect to members of the Armed vania (Mr. SPECTER) was added as a co- of the Senator from California (Mrs. Forces without a surviving spouse who sponsor of S. 431, a bill to require con- BOXER) was added as a cosponsor of S. are survived by a minor child. victed sex offenders to register online 576, a bill to provide for the effective S. 661 identifiers, and for other purposes. prosecution of terrorists and guarantee At the request of Mrs. CLINTON, the S. 439 due process rights. names of the Senator from Maryland At the request of Mr. REID, the name S. 578 (Ms. MIKULSKI) and the Senator from of the Senator from Connecticut (Mr. At the request of Mr. KENNEDY, the Massachusetts (Mr. KERRY) were added LIEBERMAN) was added as a cosponsor name of the Senator from Vermont as cosponsors of S. 661, a bill to estab- of S. 439, a bill to amend title 10, (Mr. SANDERS) was added as a cospon- lish kinship navigator programs, to es- United States Code, to permit certain sor of S. 578, a bill to amend title XIX tablish guardianship assistance pay- retired members of the uniformed serv- of the Social Security Act to improve ments for children, and for other pur- ices who have a service-connected dis- requirements under the Medicaid pro- poses. ability to receive both disability com- gram for items and services furnished S. 678 pensation from the Department of Vet- in or through an educational program At the request of Mrs. BOXER, the erans Affairs for their disability and ei- or setting to children, including chil- names of the Senator from New Jersey ther retired pay by reason of their dren with developmental, physical, or (Mr. LAUTENBERG) and the Senator years of military service or Combat- mental health needs, and for other pur- from Louisiana (Ms. LANDRIEU) were Related Special Compensation. poses. added as cosponsors of S. 678, a bill to S. 450 S. 579 amend title 49, United States Code, to At the request of Mr. ENSIGN, the At the request of Mr. HATCH, the ensure air passengers have access to name of the Senator from New Hamp- name of the Senator from Indiana (Mr. necessary services while on a grounded shire (Mr. SUNUNU) was added as a co- LUGAR) was added as a cosponsor of S. air carrier and are not unnecessarily sponsor of S. 450, a bill to amend title 579, a bill to amend the Public Health held on a grounded air carrier before or XVIII of the Social Security Act to re- Service Act to authorize the Director after a flight, and for other purposes. of the National Institute of Environ- peal the medicare outpatient rehabili- S. 694 mental Health Sciences to make grants tation therapy caps. At the request of Mrs. CLINTON, the for the development and operation of S. 485 names of the Senator from Wisconsin research centers regarding environ- At the request of Mr. KERRY, the (Mr. FEINGOLD), the Senator from Cali- mental factors that may be related to name of the Senator from Massachu- fornia (Mrs. BOXER), the Senator from the etiology of breast cancer. setts (Mr. KENNEDY) was added as a co- Minnesota (Ms. KLOBUCHAR) and the S. 597 sponsor of S. 485, a bill to amend the Senator from Alaska (Mr. STEVENS) At the request of Mrs. FEINSTEIN, the Clean Air Act to establish an economy- were added as cosponsors of S. 694, a names of the Senator from Alabama wide global warming pollution emis- bill to direct the Secretary of Trans- (Mr. SESSIONS), the Senator from Penn- sion cap-and-trade program to assist portation to issue regulations to re- sylvania (Mr. SPECTER), the Senator the economy in transitioning to new duce the incidence of child injury and from Iowa (Mr. GRASSLEY), the Senator clean energy technologies, to protect death occurring inside or outside of from Vermont (Mr. SANDERS), the Sen- employees and affected communities, light motor vehicles, and for other pur- ator from Michigan (Ms. STABENOW), to protect companies and consumers poses. the Senator from Nevada (Mr. ENSIGN) from significant increases in energy and the Senator from Mississippi (Mr. S. RES. 78 costs, and for other purposes. COCHRAN) were added as cosponsors of At the request of Mr. HAGEL, the S. 535 S. 597, a bill to extend the special post- name of the Senator from Delaware At the request of Mr. DODD, the name age stamp for breast cancer research (Mr. CARPER) was added as a cosponsor of the Senator from Missouri (Mrs. for 2 years. of S. Res. 78, a resolution designating MCCASKILL) was added as a cosponsor S. 634 April 2007 as ‘‘National Autism Aware- of S. 535, a bill to establish an Unsolved At the request of Mr. DODD, the name ness Month’’ and supporting efforts to Crimes Section in the Civil Rights Di- of the Senator from Illinois (Mr. DUR- increase funding for research into the vision of the Department of Justice, BIN) was added as a cosponsor of S. 634, causes and treatment of autism and to and an Unsolved Civil Rights Crime In- a bill to amend the Public Health Serv- improve training and support for indi- vestigative Office in the Civil Rights ice Act to establish grant programs to viduals with autism and those who care Unit of the Federal Bureau of Inves- provide for education and outreach on for individuals with autism. tigation, and for other purposes. newborn screening and coordinated fol- S. RES. 82 S. 548 lowup care once newborn screening has At the request of Mr. HAGEL, the At the request of Mr. LEAHY, the been conducted, to reauthorize pro- name of the Senator from Georgia (Mr. name of the Senator from Kentucky grams under part A of title XI of such ISAKSON) was added as a cosponsor of S. (Mr. BUNNING) was added as a cosponsor Act, and for other purposes. Res. 82, a resolution designating Au- of S. 548, a bill to amend the Internal S. 644 gust 16, 2007 as ‘‘National Airborne Revenue Code of 1986 to provide that a At the request of Mrs. LINCOLN, the Day’’. deduction equal to fair market value name of the Senator from Iowa (Mr. S. RES. 84 shall be allowed for charitable con- HARKIN) was added as a cosponsor of S. At the request of Mr. BROWNBACK, the tributions of literary, musical, artistic, 644, a bill to amend title 38, United names of the Senator from Oklahoma or scholarly compositions created by States Code, to recodify as part of that (Mr. COBURN) and the Senator from Ne- the donor. title certain educational assistance vada (Mr. ENSIGN) were added as co- S. 558 programs for members of the reserve sponsors of S. Res. 84, a resolution ob- At the request of Mr. KENNEDY, the components of the Armed Forces, to serving February 23, 2007, as the 200th names of the Senator from South Da- improve such programs, and for other anniversary of the abolition of the kota (Mr. JOHNSON) and the Senator purposes. slave trade in the British Empire, hon- from Michigan (Mr. LEVIN) were added S. 659 oring the distinguished life and legacy as cosponsors of S. 558, a bill to provide At the request of Mr. HAGEL, the of William Wilberforce, and encour- parity between health insurance cov- name of the Senator from Iowa (Mr. aging the people of the United States

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4930 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 to follow the example of William Wil- eligible for Federal housing assistance get involved in conservation and re- berforce by selflessly pursuing respect because her Social Security number duces the conflict that often emanates for human rights around the world. was being used at a variety of jobs in from the ESA. It will be an important S. RES. 86 Denver, making her income too high to codification of much-needed incentives At the request of Mr. SALAZAR, the qualify. A 10-year-old child in Douglas to help recover endangered species. name of the Senator from Hawaii (Mr. County had his identity stolen, and his And, since the introduction of CRESA 1 INOUYE) was added as a cosponsor of S. Social Security number was being used year ago, I’m proud to count over 100 Res. 86, a resolution designating March at 17 different jobs. Others get stuck different species and landowner organi- 1, 2007, as ‘‘Siblings Connection Day’’. with big tax bills for wages they never zations and advocates that have f earned. partnered with us in support of this im- Clearly, identity theft is an issue portant tax legislation. STATEMENTS ON INTRODUCED that affects people of all ages and Over 80 percent of endangered species BILLS AND JOINT RESOLUTIONS walks of life. Yet when the Social Se- live on private property. Under the cur- By Mr. ALLARD: curity Administration has reason to rent law, however, there are too few in- S. 699. A bill to prevent the fraudu- believe that a Social Security number centives and too many obstacles for lent use of social security account is being used fraudulently, they are private landowners to participate in numbers by allowing the sharing of so- prevented from sharing it with the De- conservation agreements to help re- cial security data among agencies of partment of Homeland Security. With- cover species. S. 700, like the voluntary the United States for identity theft holding this information effectively en- farm bill conservation programs that prevention and immigration enforce- ables thieves to continue to perpetrate inspired its creation, will make it more ment purposes, and for other purposes; the crime of identity theft against in- attractive for private landowners to to the Committee on the Judiciary. nocent victims. By simply sharing this contribute to the recovery of species Mr. ALLARD. Mr. President, I will be information, cases of identity theft under the ESA. introducing a piece of legislation today could be discovered much sooner. Vic- This bill resulted from effective and which is a bill to cut at the heart of a tims of identity theft deserve to have inclusive collaboration among key rampant problem in this country; that this existing information acted on, and stakeholders most affected by the im- is, identity theft. my bill allows for this to happen. I plementation of the ESA. Landowner Last month, a bipartisan group of urge colleagues to support this com- interests include farmers, ranchers, Senators and I met with Secretary monsense legislation. and those from the natural resource- Chertoff on this very issue. Secretary Later on, when we are on S. 4, called using communities. For example, some Chertoff explained that under current Improving America’s Security Act, current supporters of S. 700 who con- law, Government agencies are pre- which deals with implementation of tributed invaluable advice are the vented from sharing information with more of the 9/11 Commission rec- American Farm Bureau and the Soci- one another that, if shared, could ex- ommendations, I plan on offering an ety of American Foresters. This could pose cases of identity theft. My bill amendment that has similar language not rightly be called a collaborative tears down the wall that prevents the to this bill. This is an issue which is project without the vital and necessary sharing of existing information among extremely important to victims. It is input received from the Defenders of Government agencies. It permits the something we should address. I will Wildlife, Environmental Defense and Commissioner of Social Security to se- give the Senate plenty of opportunity the National Wildlife Federation—key cure information with the Secretary of to deal with this issue. environmental groups that made sig- Homeland Security where such infor- nificant contributions. They under- mation is likely to assist in discov- By Mr. CRAPO (for himself, Mrs. stand that landowner must be treated ering identity theft, Social Security LINCOLN, Mr. BAUCUS, Mr. as allies to ensure success in the long- number misuse, or violations of immi- GRASSLEY, Mr. ALLARD, Mr. run for the conservation of habitat and gration law. SALAZAR, Mr. SMITH, Mr. REID, species. Finally, while the genesis of Specifically, it requires the Commis- Mr. LIEBERMAN, Mr. BENNETT, this bill has many roots, a passionate sioner to inform the Secretary of Mr. ENZI, Mr. PRYOR, Mr. catalyst was James Cummins of Mis- Homeland Security upon discovery of a CRAIG, Mr. NELSON of Nebraska, sissippi Fish and Wildlife Foundation, Social Security account number being Ms. COLLINS, Mr. COCHRAN, and whose great concern for the outdoors used with multiple names or where an Mr. BROWNBACK): provided inspiration to move these individual has more than one person S. 700. A bill to amend the Internal ideas forward. reporting earnings for him or her dur- Revenue Code to provide a tax credit to These experts worked together to ing a single tax year. It seems logical individuals who enter into agreements craft S. 700, which provides new tax in- that we would already be doing this, to protect the habitats of endangered centives for private landowners who but we are not. In the meantime, iden- and threatened species, and for other voluntarily contribute to the recovery tity theft is plaguing innocent victims purposes; to the Committee on Fi- of endangered species. The tax credits all across the country. We were re- nance. will reimburse landowners for property minded of the pervasiveness of this Mr. CRAPO. Mr. President, I rise rights affected by agreements that in- problem by the recent ICE raids of six today with my colleagues, 16 bipartisan clude conservation easements and costs Swift and Company meat-packing cosponsors, to introduce the S. 700. Ap- incurred by species management plans. plants across the country last Decem- proximately 1 year ago, Senator LIN- For landowners who limit their prop- ber. In total, agents apprehended 1,282 COLN and I introduced the Collabora- erty rights through conservation ease- illegal alien workers on administrative tion for the Recovery of the Endan- ments, there will be 100 percent com- immigration violations. Of these, 65 gered Species Act, or CRESA, an ear- pensation of all costs. That percentage have also been charged with criminal lier bill to amend the Endangered Spe- declines to 75 percent for 30-year ease- violations related to identity theft or cies Act or ESA. S. 700 is an updated ments and 50 percent for cost-share other violations. version of the Endangered Species Re- agreements. Unfortunately, for the victims of covery Act or ESRA, which we intro- It is worth noting that this is the identity theft, by the time the identity duced on December 6, 2006. Like ESRA, same formula that works successfully theft is discovered, the damage has al- S. 700 does not amend the current ESA, for farm bill programs such as the Wet- ready been done. Ranked fifth in the but builds on ideas set forth in the lands Reserve Program. Private prop- Nation for identity theft, citizens of original CRESA. It creates policies erty owners are appropriately rewarded Colorado are no strangers to identity that finance the recovery of endan- for crucial ecological services that theft. For instance, an 84-year-old gered species by private landowners. S. they provide on their property. The Grand Junction woman was deemed in- 700 makes it simpler for landowners to public benefits from these services,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4931 which ensure biodiversity. While the legal disincentives to recover species, both bilingual and well-versed in legal primary returns from this investment liability protection may be provided to terminology. The skills required of a are protection and recovery of endan- protect the landowners from penalties court interpreter differ significantly gered species, the public will also un- under the ESA. This removes the fear from those required of other inter- doubtedly gain additional benefits such of trying to help endangered species. preters or translators. Legal English is as aesthetically pleasing open space, a Currently, more species usually just a highly particularized area of the lan- reduction in the number of invasive means more liability for a landowner. guage, and requires special training. species and enhanced water quality. As a result of these incentives, I ex- Although anyone with fluency in a for- The legislation provides a list of op- pect to see a phenomenal increase in eign language could attempt to trans- tions that give landowners a choice—a the number of success stories. These late a court proceeding, the best inter- crucial element for the success of this stories will sound familiar to those cre- preters are those that have been tested proposal. For some landowners, a con- ative collaborators working on the and certified as official court inter- servation easement will be the most at- ground now where we have learned that preters. tractive option. Easements are flexible the types of tools provided in this bill Making the problem worse, States tools that can be tailored to each land- can work if offered consistently. continue to fall further behind as the owner and species’ interests. An ease- The Endangered Species Recovery number of Americans with limited ment restricts certain activities, but it Act is very exciting to those of us who English proficiency—and therefore the still works well with traditional rural value protecting our natural resources. demand for court interpreter services— activities such as ranching and farm- It provides collaborative, creative ways continues to grow. According to the ing. For agreements without ease- to balance conservation with economic most recent Census data, 19 percent of ments, there is flexibility to do what is uses of our natural resources. It also the population over age five speaks a language other than English at home. necessary for the concerned species preserves rural ways of life. I look for- In 2000, the number of people in this without the need to sacrifice property ward to working with my colleagues in country who spoke English less than rights into perpetuity. the Senate and House to move ahead ‘‘very well’’ was more than 21 million, The tax credits provide essential with this legislation which will provide approaching twice what the number funding that is necessary to respect a new model for conservation to do bet- was ten years earlier. Illinois had more private property rights. Wildlife should ter work. I look forward to working than 1 million. Texas had nearly 2.7 be an asset rather than a liability, with my colleagues in the Senate and million. California had more than 6.2 which is how it has sometimes been House to move ahead with this legisla- million. viewed under the ESA. With wildlife tion. The shortage of qualified interpreters becoming valuable to a landowner, I am deeply grateful to my col- has become a national problem, and it those who may have been reluctant to leagues from Arkansas, Iowa and Mon- has serious consequences. In Pennsyl- participate in recovery efforts in the tana for their essential expertise and vania, a committee established by the past will be more likely to contribute support to create S. 700. I ask unani- Supreme Court called the State’s inter- with these new incentives. When people mous consent that the text of the bill preter program ‘‘backward,’’ and said want to take part in the process and do be printed in the RECORD. that the lack of qualified interpreters not fear it, the likelihood of conflict ‘‘undermines the ability of the . . . By Mr. KOHL (for himself, Mr. and litigation is reduced. For years, court system to determine facts accu- KENNEDY, and Mr. DURBIN): this type of conflict has proven costly rately and to dispense justice fairly.’’ S. 702. A bill to authorize the Attor- not only financially to individuals and When interpreters are unqualified, or ney General to award grants to State the government, but also in terms of untrained, mistakes are made. The re- courts to develop and implement State relationships between people who share sult is that the fundamental right to courts interpreter programs; to the the land and natural resources. With a due process is too often lost in trans- Committee on the Judiciary. new trust and new model for finding lation, and because the lawyers and Mr. KOHL. Mr. President, I rise conservation solutions, we can improve judges are not interpreters, these mis- today, with Senator KENNEDY and Sen- and expand our conservation work. takes often go unnoticed. Provisions have been made to accom- ator DURBIN, to introduce the State Some of the stories associated with modate landowners whose taxes may be Court Interpreter Grant Program Act this problem are simply unbelievable. less than the tax credit provides. Part- of 2007. This legislation would create a In Pennsylvania, for instance, a hus- nerships in the agreements will allow modest grant program to provide much band accused of abusing his wife was any party to an agreement to receive a needed financial assistance to States asked to translate as his wife testified credit as long as they pay or incur for developing and implementing effec- in court. In recent testimony before costs as a result of the agreement. This tive State court interpreter programs, the Judiciary Committee, Justice Ken- language will allow creative collabora- helping to ensure fair trials for individ- nedy described a particularly alarming tion among governments, landowners, uals with limited English proficiency. situation where bilingual jurors can taxpayers and environmentalists, fur- States are already legally required, understand what the witness is saying ther increasing the number of people under Title VI of the Civil Rights Act and then interrupt the proceeding involved in finding new solutions for of 1964, to take reasonable steps to pro- when an interpreter has not accurately conservation. vide meaningful access to court pro- represented the witness’s testimony. Furthermore, this bill also expands ceedings for individuals with limited Justice Kennedy agrees that the lack tax deductions for any landowner who English proficiency. Unfortunately, of qualified court interpreters poses a takes part in the recovery plans ap- however, court interpreting services significant threat to our judicial sys- proved under the ESA, and allows land- vary greatly by State. Some States tem and emphasized the importance of owners to exclude from taxable income have highly developed programs. Oth- addressing the issue. certain Federal payments under con- ers are trying to get programs up and This legislation does just that by au- servation cost-share programs. This running, but lack adequate funds. Still thorizing $15 million per year, over five will allow both individuals and busi- others have no certification program at years, for a State Court Interpreter nesses to deduct the cost of recovery all. It is critical that we protect the Grant Program. Those States that work without bureaucratic obstacles. constitutional right to a fair trial by apply would be eligible for a $100,000 This bill not only sets forth the fi- adequately funding State court inter- base grant allotment. In addition, $5 nancing for private landowners, but it preter programs. million would be set aside for states also makes it easier to implement the Our States are finding themselves in that demonstrate extraordinary need. agreements. Landowners will receive an impossible position. Qualified inter- The remainder of the money would be technical assistance to implement the preters are in short supply because it is distributed on a formula basis, deter- agreements. Also, to remove some difficult to find individuals who are mined by the percentage of persons in

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4932 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 that State over the age of five who guidance issued by the Department of Jus- (B) the amount of funds each State court speak a language other than English at tice pursuant to Executive Order 13166, identified under subparagraph (A) would re- home. issued August 11, 2000, clarify that all recipi- ceive from the grant; and Some will undoubtedly question ents of Federal financial assistance, includ- (C) the procedures the highest State court ing State courts, are required to take rea- would use to directly distribute grant funds whether this modest amount can make sonable steps to provide meaningful access to State courts identified under subpara- a difference. It can, and my home State to their proceedings for persons with limited graph (A). of Wisconsin is a perfect example of English proficiency; (d) STATE COURT ALLOTMENTS.— that. When Wisconsin’s program got off (7) 36 States have developed, or are devel- (1) BASE ALLOTMENT.—From amounts ap- the ground in 2004, using State money oping, qualified court interpreting programs; propriated for each fiscal year pursuant to and a $250,000 Federal grant, certified (8) robust, effective court interpreter pro- section 4, the Administrator shall allocate interpreters were scarce. Now, just two grams— $100,000 to each of the highest State court of years later, it has 43 certified inter- (A) actively recruit skilled individuals to each State, which has an application ap- be court interpreters; proved under subsection (c). preters. Most of those are Spanish, (B) train those individuals in the interpre- (2) DISCRETIONARY ALLOTMENT.—From where the greatest need exists. How- tation of court proceedings; amounts appropriated for each fiscal year ever, the State also has interpreters (C) develop and use a thorough, systematic pursuant to section 4, the Administrator certified in sign language and Russian. certification process for court interpreters; shall allocate a total of $5,000,000 to the high- The list of provisional interpreters— and est State court of States that have extraor- those who have received training and (D) have sufficient funding to ensure that a dinary needs that are required to be ad- passed written tests—is much longer qualified interpreter will be available to the dressed in order to develop, implement, or and includes individuals trained in Ar- court whenever necessary; and expand a State court interpreter program. (9) Federal funding is necessary to— (3) ADDITIONAL ALLOTMENT.—In addition to abic, Hmong, Korean, and other lan- (A) encourage State courts that do not the allocations made under paragraphs (1) guages. All of this progress in only two have court interpreter programs to develop and (2), the Administrator shall allocate to years, and with only $250,000 of federal them; each of the highest State court of each assistance. (B) assist State courts with nascent court State, which has an application approved This legislation has the strong sup- interpreter programs to implement them; under subsection (c), an amount equal to the port of state court administrators and (C) assist State courts with limited court product reached by multiplying— state supreme court justices around interpreter programs to enhance them; and (A) the unallocated balance of the amount the country. (D) assist State courts with robust court appropriated for each fiscal year pursuant to Our States are facing this difficult interpreter programs to make further im- section 4; and provements and share successful programs (B) the ratio between the number of people challenge, and Federal law requires with other States. over 5 years of age who speak a language them to meet it. Despite their noble ef- other than English at home in the State and SEC. 3. STATE COURT INTERPRETER PROGRAM. forts, many of them have been unable the number of people over 5 years of age who to keep up with the demand. It is time (a) GRANTS AUTHORIZED.— speak a language other than English at home we lend them a helping hand. This is an (1) IN GENERAL.—The Administrator of the in all the States that receive an allocation Office of Justice Programs of the Depart- access issue, and no one should be de- under paragraph (1), as those numbers are ment of Justice (referred to in this section as determined by the Bureau of the Census. nied justice or access to our courts the ‘‘Administrator’’) shall make grants, in merely because of a language barrier, (4) TREATMENT OF DISTRICT OF COLUMBIA.— accordance with such regulations as the At- For purposes of this section— so I strongly urge my colleagues to torney General may prescribe, to State (A) the District of Columbia shall be treat- support this critical legislation. courts to develop and implement programs ed as a State; and I ask unanimous consent that the to assist individuals with limited English (B) the District of Columbia Court of Ap- text of the legislation be printed in the proficiency to access and understand State peals shall act as the highest State court for RECORD. court proceedings in which they are a party. the District of Columbia. (2) TECHNICAL ASSISTANCE.—The Adminis- There being no objection, the text of SEC. 4. AUTHORIZATION OF APPROPRIATIONS. trator shall allocate, for each fiscal year, There are authorized to be appropriated the bill was ordered to be printed in $500,000 of the amount appropriated pursuant the RECORD, as follows: $15,000,000 for each of the fiscal years 2008 to section 4 to be used to establish a court through 2012 to carry out this Act. S. 702 interpreter technical assistance program to Be it enacted by the Senate and House of Rep- assist State courts receiving grants under By Mr. KOHL (for himself and resentatives of the United States of America in this Act. Mr. KENNEDY): Congress assembled, (b) USE OF GRANTS.—Grants awarded under S. 703. A bill to expand the definition SECTION 1. SHORT TITLE. subsection (a) may be used by State courts of immediate relative for purposes of This Act may be cited as the ‘‘State Court to— the Immigration and Nationality Act; Interpreter Grant Program Act’’. (1) assess regional language demands; (2) develop a court interpreter program for to the Committee on the Judiciary. SEC. 2. FINDINGS. Mr. KOHL. Mr. President, I rise Congress finds that— the State courts; today with Senator KENNEDY to intro- (1) the fair administration of justice de- (3) develop, institute, and administer lan- pends on the ability of all participants in a guage certification examinations; duce the Family Reunification Act, a courtroom proceeding to understand that (4) recruit, train, and certify qualified measure designed to remedy a regret- proceeding, regardless of their English pro- court interpreters; table injustice in our immigration ficiency; (5) pay for salaries, transportation, and laws. A minor oversight in the law has (2) 19 percent of the population of the technology necessary to implement the led to an unfortunate, and likely unin- United States over 5 years of age speaks a court interpreter program developed under tended, consequence. Parents of U.S. language other than English at home; paragraph (2); and citizens are currently able to enter the (6) engage in other related activities, as (3) only qualified court interpreters can en- country as legal permanent residents, sure that persons with limited English pro- prescribed by the Attorney General. but our laws do not permit their minor ficiency comprehend judicial proceedings in (c) APPLICATION.— which they are a party; (1) IN GENERAL.—The highest State court of children to join them. Simply put, the (4) the knowledge and skills required of a each State desiring a grant under this sec- Family Reunification Act will close qualified court interpreter differ substan- tion shall submit an application to the Ad- this loophole by including the minor tially from those required in other interpre- ministrator at such time, in such manner, siblings of U.S. citizens in the legal tation settings, such as social service, med- and accompanied by such information as the definition of ‘‘immediate relative.’’ ical, diplomatic, and conference inter- Administrator may reasonably require. This legislation will ensure that our preting; (2) STATE COURTS.—The highest State court immigration laws can better accom- (5) the Federal Government has dem- of each State submitting an application onstrated its commitment to equal adminis- under paragraph (1) shall include in the ap- plish one of the most important policy tration of justice regardless of English pro- plication— goals behind them—the goal of ficiency; (A) an identification of each State court in strengthening the family unit. (6) regulations implementing title VI of that State which would receive funds from Congress took an important first step the Civil Rights Act of 1964, as well as the the grant; in promoting family reunification

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4933 when it enacted the Immigration and the hundreds each year. So, this several years now, I have been fighting Nationality Act. By qualifying as ‘‘im- change will not lead to an influx of back against these threats, pushing mediate relatives,’’ this law currently many immigrants, but it will reunite a legislation to combat frauds such as offers parents, spouses and children of number of families who have unneces- identity theft, the unauthorized sale of U.S. citizens the ability to obtain an sarily been kept apart. consumer telephone records and immigrant visas to enter the country. If only one family suffers because of spyware. It’s now time to put an end to We can all agree that this is good im- this loophole, I would suggest that the practice of caller I.D. spoofing. migration policy. Unfortunately, an changes should be made. The fact that What is caller I.D. spoofing? It’s a oversight in this law has undermined there have been numerous cases, prob- technique that allows a telephone call- the effectiveness of the important prin- ably in the hundreds, demands that we er to alter the phone number that ap- ciple of family reunification. Each address this issue now. pears on the recipient’s caller I.D. sys- year, a number of families—in Wis- Many parts of our immigration laws tem. In other words, spoofing allows consin and across the country—are are outdated and in need of repair. The someone to hide behind a misleading finding that they cannot take advan- definition of ‘‘immediate relative’’ is telephone number to try to scam con- tage of this family reunification provi- no different. Congress’s intent when it sumers or trick law enforcement offi- sion. granted ‘‘immediate relatives’’ the cers. Today, U.S. citizens often petition right to obtain immigrant visas was to Let me give you a few shocking ex- for their parents to be admitted to the promote family reunification, but the amples of how caller I.D. spoofing has United States as ‘‘immediate rel- unfortunate oversight which Senator been exploited during the past two atives.’’ As I have said, that is clearly KENNEDY and I have highlighted has years: allowed under current law. It is not al- interfered with many families’ oppor- In one very dangerous hoax, a sharp- ways quite that simple, though. In a tunity to do just that. The legislation shooting SWAT team was forced to small number of cases, a problem arises introduced today would expand the def- shut down a neighborhood in New when these U.S. citizens have minor inition of ‘‘immediate relative’’ to in- Brunswick, NJ, after receiving what siblings. Since they do not qualify as clude the minor siblings of U.S. citi- they believed was a legitimate distress an ‘‘immediate relative,’’ the minor zens. By doing so, we can truly provide call. But what really happened was a siblings are denied admission. So, a our fellow citizens with the ability to caller used spoofing to trick law en- young man or woman can bring his reunite with their family members. forcement into thinking that the emer- parents into the country, but not his or This is a simple and modest solution to gency call was coming from a certain her five year old brother or sister. Be- an unfortunate problem that too many apartment in that neighborhood. It was cause the parents are unable to leave a families have already had to face. I all a cruel trick perpetrated with a de- young child behind, the child is not the urge my colleagues to support this im- ceptive telephone number. only family member who does not portant legislation. In another example, identity thieves come to the United States. The par- I ask unanimous consent that the bought a number of stolen credit card ents—forced to choose between their text of the legislation be printed in the numbers. They then called Western children—are effectively prevented RECORD. Union, set up caller I.D. information to from coming to this country as well. There being no objection, the text of make it look like the call originated The result, then, is that we are unnec- the bill was ordered to be printed in from the credit card holder’s phone essarily keeping families apart by ex- the RECORD, as follows: line, and used the credit card numbers cluding minor siblings from the defini- S. 703 to order cash transfers, which the tion of immediate relative. Be it enacted by the Senate and House of Rep- thieves then picked up. For example, one family in my home resentatives of the United States of America in In other instances, callers have used State of Wisconsin is truly a textbook Congress assembled, spoofing to pose as government offi- example of what is wrong with this SECTION 1. DEFINITION OF IMMEDIATE REL- cials. In recent months, there have law. Effiong and Ekom Okon, both U.S. ATIVE. been numerous instances of fraudsters citizens by birth, requested that their Section 201(b)(2)(A)(i) of the Immigration using caller I.D. fraud to pose as court parents, who were living in Nigeria, be and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) officers calling to say that a person has admitted to as ‘‘immediate relatives.’’ is amended by inserting ‘‘For purposes of missed jury duty. The caller then says The law clearly allows for this. Their this subsection, a child of a parent of a cit- that a warrant will be issued for their izen of the United States shall be considered father, Leo, had already joined them in an immediate relative if the child is accom- arrest, unless a fine is paid during the Wisconsin, and their mother, Grace, panying or following to join the parent.’’ call. The victim is then induced to pro- was in possession of a visa, ready to after ‘‘at least 21 years of age.’’. vide credit card or bank information join the rest of her family. However, over the phone to pay the ‘‘fine.’’ Grace was unable to join her husband By Mr. NELSON of Florida (for Furthermore, while these examples and sons in the United States because himself and Ms. SNOWE): are serious enough, think about what their six-year-old daughter, Daramfon, S. 704. A bill to amend the Commu- would happen if a stalker used caller did not qualify as an ‘‘immediate rel- nications Act of 1934 to prohibit manip- I.D. spoofing to trick his victim into ative.’’ Because it would be unthink- ulation of caller identification infor- answering the telephone, giving out able for her to abandon her small child, mation; to the Committee on Com- personal information, or telling the Grace was forced to stay behind in Ni- merce, Science, and Transportation. person on the other end of the line geria, separated from the rest of her Mr. NELSON of Florida. Mr. Presi- about their current whereabouts. The family. That is not what this law was dent, American consumers and public results could be tragic. intended to accomplish. safety officials increasingly find them- According to experts, there are a It is difficult to determine the full selves confronted by scams in the dig- number of Internet websites—with extent of this problem. Because minor ital age. The latest scam is known as names like Tricktel.com and siblings do not qualify for visas, the caller I.D. ‘‘spoofing.’’ Today, I am in- Spooftel.com—that sell their services Department of Homeland Security troducing a bipartisan bill with Sen- to criminal and identity thieves. Any (DHS) does not keep track of how ator SNOWE—The Truth in Caller I.D. person can go to one of these websites, many families have been adversely af- Act of 2007—to put an end to fraudulent pay money to order a spoofed telephone fected. What we do know, however, is caller I.D. spoofing. number, tell the website which phone that the cases in my home State are It seems like every week we hear of number to reach, and then place the not unique. Though the number is ad- new threats to our privacy and new call through a toll-free line. The recipi- mittedly not large, DHS has notified us ways to use telecommunications net- ent is then tricked when he or she sees that they run into this problem regu- works to endanger consumers’ finan- the misleading phone number on his or larly, with the number reaching into cial security and physical safety. For her caller I.D. screen.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4934 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 In essence, these websites provide the SECTION 1. SHORT TITLE. notice required by section 503(b)(3) or section high-tech tools that identity thieves This Act may be cited as the ‘‘Truth in 503(b)(4). need to do their dirty work. Armed Caller ID Act of 2007’’. ‘‘(iv) 2-YEAR STATUTE OF LIMITATIONS.—No with a misleading phone number, an SEC. 2. PROHIBITION REGARDING MANIPULA- forfeiture penalty shall be determined or im- identity thief can call a consumer pre- TION OF CALLER IDENTIFICATION posed against any person under clause (i) if INFORMATION. the violation charged occurred more than 2 tending to be a representative of the Section 227 of the Communications Act of years prior to the date of issuance of the re- consumer’s credit card company or 1934 (47 U.S.C. 227) is amended— quired notice or notice or apparent liability. bank. The thief can then ask the con- (1) by redesignating subsections (e), (f), and ‘‘(B) CRIMINAL FINE.—Any person who will- sumer to authenticate a request for (g) as subsections (f), (g), and (h), respec- fully and knowingly violates this subsection personal account information. Once a tively; and shall upon conviction thereof be fined not thief gets hold of this sensitive per- (2) by inserting after subsection (d) the fol- more than $10,000 for each violation, or 3 sonal information, he can access a con- lowing new subsection: times that amount for each day of a con- sumer’s bank account, credit card ac- ‘‘(e) PROHIBITION ON PROVISION OF INAC- tinuing violation, in lieu of the fine provided count, health information, and who CURATE CALLER IDENTIFICATION INFORMA- by section 501 for such a violation. This sub- knows what else. TION.— paragraph does not supersede the provisions ‘‘(1) IN GENERAL.—It shall be unlawful for of section 501 relating to imprisonment or Furthermore, even if a consumer any person within the United States, in con- the imposition of a penalty of both fine and does not become a victim of stalking or nection with any telecommunications serv- imprisonment. identity theft, there is a simple con- ice or IP-enabled voice service, to cause any ‘‘(6) ENFORCEMENT BY STATES.— cept at work here. Consumers pay caller identification service to transmit mis- ‘‘(A) IN GENERAL.—The chief legal officer of money for their caller I.D. service. leading or inaccurate caller identification a State, or any other State officer author- Consumers expect caller I.D. to be ac- information, unless such transmission is ex- ized by law to bring actions on behalf of the curate because it helps them decide empted pursuant to paragraph (3)(B). residents of a State, may bring a civil ac- whether to answer a phone call and ‘‘(2) PROTECTION FOR BLOCKING CALLER IDEN- tion, as parens patriae, on behalf of the resi- trust the person on the other end of the TIFICATION INFORMATION.—Nothing in this dents of that State in an appropriate district line. subsection may be construed to prevent or court of the United States to enforce this If the caller I.D. says that my wife is restrict any person from blocking the capa- subsection or to impose the civil penalties bility of any caller identification service to for violation of this subsection, whenever the calling me, when I pick up the phone I transmit caller identification information. chief legal officer or other State officer has expect my wife to actually be on the ‘‘(3) REGULATIONS.— reason to believe that the interests of the other end of the line. Instead, we have ‘‘(A) IN GENERAL.—Not later than 6 months residents of the State have been or are being fraudsters and others who want to after the enactment of this subsection, the threatened or adversely affected by a viola- abuse the system and disguise their Commission shall prescribe regulations to tion of this subsection or a regulation under true identities. That defeats the whole implement this subsection. this subsection. purpose of caller I.D. ‘‘(B) CONTENT OF REGULATIONS.— ‘‘(B) NOTICE.—The chief legal officer or Unfortunately, the Federal Commu- ‘‘(i) IN GENERAL.—The regulations required other State officer shall serve written notice nications Commission and the Federal under subparagraph (A) shall include such on the Commission of any civil action under Trade Commission have been slow to exemptions from the prohibition under para- subparagraph (A) prior to initiating such act on this latest scam. In the mean- graph (1) as the Commission determines ap- civil action. The notice shall include a copy propriate. of the complaint to be filed to initiate such time, many spoofing companies and the ‘‘(ii) SPECIFIC EXEMPTION FOR LAW ENFORCE- civil action, except that if it is not feasible fraudsters that use them believe their MENT AGENCIES OR COURT ORDERS.—The regu- for the State to provide such prior notice, activities are, in fact, legal. Well, it’s lations required under subparagraph (A) the State shall provide such notice imme- time to make it crystal clear that shall exempt from the prohibition under diately upon instituting such civil action. spoofing is a scam and is not legal. paragraph (1) transmissions in connection ‘‘(C) AUTHORITY TO INTERVENE.—Upon re- How does the bipartisan Truth in with— ceiving the notice required by subparagraph Caller I.D. Act of 2007 address the prob- ‘‘(I) any authorized activity of a law en- (B), the Commission may intervene in such lem of caller I.D. spoofing? forcement agency; or civil action and upon intervening— Quite simply, this bill plugs the hole ‘‘(II) a court order that specifically author- ‘‘(i) be heard on all matters arising in such in the current law and prohibits izes the use of caller identification manipu- civil action; and fraudsters from using caller identifica- lation. ‘‘(ii) file petitions for appeal of a decision ‘‘(4) REPORT.—Not later than 6 months in such civil action. tion services to transmit misleading or after the enactment of this subsection, the ‘‘(D) CONSTRUCTION.—For purposes of inaccurate caller I.D. information. This Commission shall report to Congress wheth- bringing any civil action under subparagraph prohibition covers both traditional er additional legislation is necessary to pro- (A), nothing in this paragraph shall prevent telephone calls and calls made using hibit the provision of inaccurate caller iden- the chief legal officer or other State officer Voice-Over-Internet (VoIP) service. tification information in technologies that from exercising the powers conferred on that Anyone who violates this anti-spoof- are successor or replacement technologies to officer by the laws of such State to conduct ing law would be subject to a penalty telecommunications service or IP-enabled investigations or to administer oaths or af- of $10,000 per violation or up to one voice service. firmations or to compel the attendance of year in jail, as set out in the Commu- ‘‘(5) PENALTIES.— witnesses or the production of documentary nications Act. Additionally, this bill ‘‘(A) CIVIL FORFEITURE.— and other evidence. empowers States to help the Federal ‘‘(i) IN GENERAL.—Any person that is deter- ‘‘(E) VENUE; SERVICE OR PROCESS.— mined by the Commission, in accordance ‘‘(i) VENUE.—An action brought under sub- Government track down and punish with paragraphs (3) and (4) of section 503(b), paragraph (A) shall be brought in a district these fraudsters. to have violated this subsection shall be lia- court of the United States that meets appli- I invite my colleagues to join Sen- ble to the United States for a forfeiture pen- cable requirements relating to venue under ator SNOWE and myself in supporting alty. A forfeiture penalty under this para- section 1391 of title 28, United States Code. the Truth in Caller I.D. Act of 2007. We graph shall be in addition to any other pen- ‘‘(ii) SERVICE OF PROCESS.—In an action should waste no time in protecting alty provided for by this Act. The amount of brought under subparagraph (A)— consumers and law enforcement au- the forfeiture penalty determined under this ‘‘(I) process may be served without regard thorities against caller I.D. spoofing. paragraph shall not exceed $10,000 for each to the territorial limits of the district or of I ask unanimous consent that the violation, or 3 times that amount for each the State in which the action is instituted; text of the Truth in Caller I.D. Act of day of a continuing violation, except that and the amount assessed for any continuing vio- ‘‘(II) a person who participated in an al- 2007 be printed in the RECORD. There being no objection, the text of lation shall not exceed a total of $1,000,000 leged violation that is being litigated in the for any single act or failure to act. civil action may be joined in the civil action the bill was ordered to be printed in ‘‘(ii) RECOVERY.—Any forfeiture penalty without regard to the residence of the per- the RECORD, as follows: determined under clause (i) shall be recover- son. S. 704 able pursuant to section 504(a). ‘‘(F) LIMITATION ON STATE ACTION WHILE Be it enacted by the Senate and House of Rep- ‘‘(iii) PROCEDURE.—No forfeiture liability FEDERAL ACTION IS PENDING.—If the Commis- resentatives of the United States of America in shall be determined under clause (i) against sion has instituted an enforcement action or Congress assembled, any person unless such person receives the proceeding for violation of this subsection,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00142 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4935 the chief legal officer or other State officer equity when we voted 74–24 to end Fed- However, the Pell Grant program’s of the State in which the violation occurred eral Prison Industries’ monopoly on eligibility formula penalizes low-in- may not bring an action under this section Department of Defense contracts. Not come students who attend very low- during the pendency of the proceeding cost colleges by reducing the amount against any person with respect to whom the only was that provision enacted into Commission has instituted the proceeding. law, we were able to strengthen it with of the Pell Grant they can receive. ‘‘(7) DEFINITIONS.—For purposes of this sub- a second provision a year later. In 2004, The formula bases eligibility for Pell section: we took another important step, enact- Grant awards on the amount of tuition ‘‘(A) CALLER IDENTIFICATION INFORMA- ing an appropriations provision which charged by the college and provides a TION.—The term ‘caller identification infor- extends the DOD rules to other Federal lower ‘‘alternate’’ amount for low tui- mation’ means information provided by a agencies. This means that, for the first tion colleges, known as the ‘‘tuition caller identification service regarding the time, private sector companies should sensitivity’’ provision. telephone number of, or other information be able to compete against for con- Community college students are sig- regarding the origination of, a call made nificantly impacted by the tuition sen- using a telecommunications service or IP-en- tracts awarded by all Federal agencies. abled voice service. Despite this progress, work remains sitivity provision because of low stu- ‘‘(B) CALLER IDENTIFICATION SERVICE.—The to be done. We have heard reports from dent tuition fees. term ‘caller identification service’ means Federal procurement officials and from In California, due to a drop in tuition any service or device designed to provide the small businesses that FPI continues to fees from $26 per unit to $20 unit, com- user of the service or device with the tele- claim that it retains the mandatory munity college students enrolling this phone number of, or other information re- spring will otherwise be penalized with garding the origination of, a call made using source status that protected it from competition for so long. This kind of a $56 reduction in their 2007 Pell Grants a telecommunications service or IP-enabled and will endure another $112 hit in the voice service. Such term includes automatic misleading statement may undermine number identification services. the right to compete that we have 2007–2008 academic year if the tuition ‘‘(C) IP-ENABLED VOICE SERVICE.—The term fought so hard for so long to establish. sensitivity provision is not eliminated. ‘IP-enabled voice service’ means the provi- In addition, FPI continues to sell its Community college students rep- sion of real-time 2-way voice communica- services into interstate commerce on resent approximately 46 percent of tions offered to the public, or such classes of an unlimited basis. I am concerned higher education students in California users as to be effectively available to the receiving Pell Grants and are the only public, transmitted through customer prem- that the sale of prison labor into com- merce could have the effect of under- ones negatively impacted by this provi- ises equipment using TCP/IP protocol, or a sion. successor protocol, for a fee (whether part of mining companies and work forces that Any reduction of these vital grants a bundle of services or separately) with are already in a weakened position as a to our lowest income students would interconnection capability such that the result of foreign competition. We have have a major impact in their ability to service can originate traffic to, or terminate long taken the position as a Nation afford college and continue their edu- traffic from, the public switched telephone that prison-made goods should not be network. cation, and we cannot allow this to sold into commerce, where prison ‘‘(8) LIMITATION.—Notwithstanding any happen. other provision of this section, subsection (f) wages of a few cents per hour could too This bill would ensure that our na- shall not apply to this subsection or to the easily undercut private sector competi- tion’s community college students are regulations under this subsection.’’ tion. It is hard for me to understand not unduly penalized for receiving an why the sale of services should be affordable education at a low-cost col- By Mr. LEVIN (for himself, Mr. treated any differently than the sale of THOMAS, Ms. STABENOW, Mr. lege. products. We must continue to do all we can to GRASSLEY, and Mr. HARKIN): The bill that we are introducing S. 705. A bill to amend the Office of make a college education more acces- today would address these issues by sible and affordable for all of our Na- Federal Procurement Policy Act to es- making it absolutely clear that FPI no tablish a governmentwide policy re- tion’s students. longer has a mandatory source status, I urge my colleagues to join Senator quiring competition in certain execu- by reaffirming the critical requirement tive agency procurements, and for BOXER and I in supporting this impor- that FPI must compete for its con- tant legislation. other purposes; to the Committee on tracts, and by carefully limiting the Homeland Security and Governmental circumstances under which prison serv- By Mr. INOUYE (for himself and Affairs. Mr. LEVIN. Mr. President, I am ices may be sold into the private sector Mr. AKAKA): economy. S. 710. A bill to reauthorize the pro- pleased to join with Senators CRAIG I look forward to working with my grams for the Department of Housing THOMAS, DEBBIE STABENOW, CHUCK colleagues on these important issues. and Urban Development for housing as- GRASSLEY and TOM HARKIN in intro- sistance for Native Hawaiians; to the ducing the Federal Prison Industries By Mrs. BOXER (for herself and Competition in Contracting Act. Our Committee on Indian Affairs. Mrs. FEINSTEIN): Mr. INOUYE. Mr. President, I rise to bill is based on a straightforward S. 707. A bill to provide all low-in- introduce a bill to reauthorize Title premise: it is unfair for Federal Prison come students with the same oppor- Industries to deny businesses in the VIII of the Native American Housing tunity to receive a Pell Grant by sus- private sector an opportunity to com- Assistance and Self-Determination pending the tuition sensitivity provi- pete for sales to their own government. Act. Senator AKAKA joins me in spon- We have made immeasurable sion in the Pell Grant program; to the soring this measure. Title VIII provides progress on this issue since I first in- Committee on Health, Education, authority for the appropriation of troduced a similar bill ten years ago. It Labor, and Pensions. funds for the construction of low-in- may seem incredible, but at that time, Mrs. FEINSTEIN. Mr. President, I come housing for Native Hawaiians and Federal Prison Industries (FPI) could am pleased to join Senator BOXER as a further provides authority for access to bar private sector companies from co-sponsor of the ‘‘Pell Grant Equity loan guarantees associated with the competing for a Federal contract. Act of 2007’’ that would provide all low- construction of housing to serve Native Under the law establishing Federal income students with the same oppor- Hawaiians. Prison Industries, if Federal Prison In- tunity to receive a Federal Pell Grant Three studies have documented the dustries said that it wanted a contract, by eliminating the current tuition sen- acute housing needs of Native Hawai- it would get that contract, regardless sitivity provision in the Pell Grant ians—which include the highest rates whether a company in the private sec- Program. of overcrowding and homelessness in tor could provide the product better, Federal Pell Grants are the corner- the State of Hawaii. Those same stud- cheaper, or faster. stone of our need-based financial aid ies indicate that inadequate housing Six years ago, the Senate took a system ensuring that all students have rates for Native Hawaiians are giant step toward addressing this in- access to higher education. amongst the highest in the Nation.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4936 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 The reauthorization of Title VIII will (III) by inserting ‘‘or 811(b), as applicable’’ the system, and a harbinger of more se- support the continuation of efforts to before the semicolon; and vere problems that may be hiding at assure that the native people of Hawaii (B) in subsection (b)(2), by striking ‘‘or other military hospitals and facilities may one day have access to housing op- housing entity’’ and inserting ‘‘, housing en- that are not in the spotlight. tity, or the Department of Hawaiian Home portunities that are comparable to Lands’’. The problems at Walter Reed stem those now enjoyed by other Americans. (4) PAYMENT OF INTEREST.—In the first sen- from complex causes, the most impor- I ask unanimous consent that the tence of section 603 (25 U.S.C. 4193), by strik- tant of which is that the military and text of the bill be printed in the ing ‘‘or housing entity’’ and inserting ‘‘, VA have not yet prepared for the grow- RECORD. housing entity, or the Department of Hawai- ing flood of casualties from the Iraq There being no objection, the text of ian Home Lands’’. war. Our injured troops did not hesi- (5) AUTHORIZATION OF APPROPRIATIONS FOR the bill was ordered to be printed in tate to fight for us on the battlefield— CREDIT SUBSIDY.—In section 605(b) (25 U.S.C. the RECORD, as follows: we shouldn’t make them fight again at S. 710 4195(b)), by striking ‘‘1997 through 2007’’ and inserting ‘‘2008 through 2012’’. home in order to receive the care they Be it enacted by the Senate and House of Rep- deserve. That is why Senator MCCAS- resentatives of the United States of America in By Mr. OBAMA. (for himself, Congress assembled, KILL and I are introducing the bipar- Mrs. MCCASKILL, Mr. BAUCUS, SECTION 1. SHORT TITLE. tisan Dignity for Wounded Warriors This Act may be cited as the ‘‘Hawaiian Mr. BAYH, Mr. BIDEN, Mr. Act today. The bill will fix the prob- Homeownership Opportunity Act of 2007’’. BINGAMAN, Mr. BOND, Mrs. lems at Walter Reed and improve care SEC. 2. AUTHORIZATION OF APPROPRIATIONS BOXER, Mr. BROWN, Ms. CANT- at our military hospitals and facilities. FOR HOUSING ASSISTANCE. WELL, Mr. DORGAN, Mr. DURBIN, Our bill would fix deplorable condi- Section 824 of the Native American Hous- Mr. FEINGOLD, Mr. KERRY, Ms. ing Assistance and Self-Determination Act tions at outpatient residence facilities KLOBUCHAR, Ms. LANDRIEU, Ms. of 1996 (25 U.S.C. 4243), as added by section by setting high standards and increas- 513 of Public Law 106–569 (114 Stat. 2969), is MIKULSKI, Ms. MURKOWSKI, Mr. ing accountability. Under this bipar- amended by striking ‘‘fiscal years’’ and all PRYOR, Mr. ROCKEFELLER, Mr. tisan measure, the standards will be that follows and inserting the following: SANDERS, Ms. SNOWE, and Mr. clear. First, recovering soldiers’ rooms ‘‘fiscal years 2008, 2009, 2010, 2011, and 2012.’’. CONRAD): will be as good or better as the best SEC. 3. LOAN GUARANTEES FOR NATIVE HAWAI- S. 713. A bill to ensure dignity in care standard rooms for active-duty troops. IAN HOUSING. for members of the Armed Forces re- Second, our injured heroes will not Section 184A of the Housing and Commu- covering from injuries; to the Com- nity Development Act of 1992 (12 U.S.C. have to wait more than two weeks for mittee on Armed Services. maintenance problems to be repaired. 1715z–13b), as added by section 514 of Public Mr. OBAMA. Mr. President, I rise Law 106–569 (114 Stat. 2989), is amended as Third, we will have zero tolerance for follows: today to speak about the ‘‘Dignity for pest infestations. And finally, emer- (1) AUTHORIZATION OF APPROPRIATIONS.—In Wounded Warriors Act,’’ which I am gency medical personnel and crisis subsection (j)(7), by striking ‘‘fiscal years’’ proud to introduce with Senator counselors will be available to recov- and all that follows and inserting the fol- MCCASKILL. ering troops 24 hours a day. lowing: ‘‘fiscal years 2008, 2009, 2010, 2011, and Last week, the Nation learned of the 2012.’’. serious problems at Walter Reed Army The bill also tackles accountability (2) AUTHORITY.—In subsection (b), by strik- Medical Center including decaying, problems. In the days following the ing ‘‘or as a result of a lack of access to pri- cockroach-infested facilities and an Post stories, the Army vice chief of vate financial markets’’. overwhelmed patient-care bureaucracy. staff, and the Assistant Secretary of (3) ELIGIBLE HOUSING.—In subsection (c), by As described in a series of articles in Defense for Health Affairs both said striking paragraph (2) and inserting the fol- they were surprised by conditions at lowing new paragraph: the Washington Post by Dana Priest Walter Reed and directed blame on ‘‘(2) ELIGIBLE HOUSING.—The loan will be and Anne Hull, wounded soldiers are used to construct, acquire, refinance, or re- returning home from the battle in Iraq lower-ranking officers and noncommis- habilitate 1- to 4-family dwellings that are only to face a new battle to get the sioned officers. I also read in the Army standard housing and are located on Hawai- care and benefits they have earned. Times that soldiers at Walter Reed ian Home Lands.’’. These stories should not have come have been warned not to talk to the SEC. 4. ELIGIBILITY OF DEPARTMENT OF HAWAI- as a complete surprise to those who media. Under our bill, we won’t have to IAN HOME LANDS FOR TITLE VI rely on the media to inform the Con- LOAN GUARANTEES. have followed the issue closely. We Title VI of the Native American Housing have long known that troops returning gress and the American people of the Assistance and Self-Determination Act of from battle face numerous bureau- conditions at military hospitals. It re- 1996 (25 U.S.C. 4191 et seq.) is amended as fol- cratic hurdles when they get home. quires that the Inspector General in- lows: That’s why I introduced legislation spect facilities twice a year and report (1) HEADING.—In the heading for the title, last year to smooth the transition from conditions to high-level officials and by inserting ‘‘ ’’ AND NATIVE HAWAIIAN active duty to civilian life. The Lane the public. Under our bill, military after ‘‘TRIBAL’’. leaders will no longer be able to use the (2) AUTHORITY AND REQUIREMENTS.—In sec- Evans Bill expands and improves elec- tion 601 (25 U.S.C. 4191)—— tronic medical records, face-to-face excuse that they didn’t know condi- (A) in subsection (a)— physical exams, better tracking of vet- tions on the ground. (i) by inserting ‘‘or by the Department of erans, and other approaches to make When injured servicemembers return Hawaiian Home Lands,’’ after ‘‘tribal ap- life easier for returning veterans. home, they along with their family proval,’’; and However, the stories out of Walter members face a mountain of paperwork (ii) by inserting ‘‘or 810, as applicable,’’ Reed last week did shock my con- and bureaucracy. From the moment a after ‘‘section 202’’ ; and science because, like many Senators, I doctor determines a soldier may be un- (B) in subsection (c), by inserting ‘‘or VIII, as applicable’’ before the period at the end. have made the half-hour trek from the able to return to duty, it takes an aver- (3) SECURITY AND REPAYMENT.—In section Capitol to visit Walter Reed. And I saw age of 209 days for the military to fig- 602 (25 U.S.C. 4192)— what the Army wanted the world to ure out what to do with the soldier. (A) in subsection (a)— see: a shining world-class facility The system is broken, and soldiers and (i) in the matter preceding paragraph (1), where the wounded can heal with state- their families are the ones who pay the by striking ‘‘or housing entity’’ and insert- of-the-art care. I never saw mold grow- price. Our bill addresses this problem ing ‘‘, housing entity, or Department of Ha- ing on the walls, or broken elevators, by bringing the far flung parts of the waiian Home Lands’’; and or the lack of adequate support for sol- military’s Physical Disability Evalua- (ii) in paragraph (3)— (I) by inserting ‘‘or Department’’ after diers and their families. Walter Reed tion System (PDES) under one roof in ‘‘tribe’’; was supposed to be the flagship of mili- each branch of the military. It also (II) by inserting ‘‘or VIII, as applicable,’’ tary health care. Instead it has become puts much of the system online so that after ‘‘title I’’; and an emblem of much that is wrong with caseworkers and servicemembers can

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4937 manage their documents electroni- an important check to make sure the servicemembers, they should be identi- cally. Today, students can apply to go Defense Department is following fied and repaired quickly. This bill es- to law school or business school online, through to care for recovering troops. tablishes strict measures to facilitate without ever having to touch a piece of We cannot move fast enough to make reporting of unsatisfactory living con- paper. Navigating the Pentagon bu- sure our wounded troops are getting ditions and to mandate timely repair. reaucracy should be that easy. the care they need. No cost is too It also establishes measures to ensure Our bill also calls for injury-specific great. We must pass the Dignity for that independent parties are inspecting procedures so that the most severely Wounded Warriors Act quickly and fol- living quarters in order to prevent any injured servicemembers can skip un- low up with the adequate resources to syndrome whereby those closely en- necessary steps. There’s no reason why ensure the men and women recovering gaged in dealing with these facilities a soldier with a gunshot injury to the at military hospitals across the world are overly focused on completing the spine should face the same procedural get the best care we can offer. mission with what they have as op- hurdles in order to prove his injury was Mrs. MCCASKILL. Mr. President, it posed to what they should have. service-related as a soldier with less se- is my honor to join my distinguished I was also appalled to learn of the ex- vere injuries. At the same time, noth- colleague from Illinois, Senator tensive, confusing bureaucracy that ing in our bill will prevent those serv- OBAMA, today in introducing the Dig- greeted our recovering servicemembers icemembers who wish to stay in the nity for Wounded Warriors Act, a bill in the outpatient care process. With military from appealing decisions. Our that serves to better the experience so numerous commands, organizations, bill also helps soldiers and their fami- many recovering military servicemem- advocates, doctors, commanders and lies navigate the PDES system with bers and their families have in dealing any number of others involved in the new hotlines, manuals, and an ombuds- with the military healthcare system process, recovering servicemembers man to help answer questions. and its bureaucracy. found themselves navigating a com- Another problem at Walter Reed is It is not often that you read some- plicated process and often without a casework. The caseworkers are doing thing in the paper that makes you map. They also have to fill out numer- amazing work helping soldiers schedule sick, but this is precisely the feeling I ous forms, request records, check off medical appointments, prepare paper- had just over a week ago as I read a bureaucratic blocks, get the right lan- work, and obtain their everyday needs. Washington Post article that spoke of guage in their doctor’s evaluations, However, the caseworkers are over- awful living conditions and an intermi- document their illnesses, capture the whelmed. Some have to care for 50 or nable bureaucracy being experienced symptoms they are experiencing and more recovering soldiers at a time, by our war wounded who are receiving more. It is safe to say that the process more than double the ideal ratio. The outpatient care at Walter Reed Army poses a daunting challenge to even a Dignity for Wounded Warriors Act fixes Medical Center. fully healthy individual—but imagine this problem by forcing the Pentagon I will not stand aside as those who the challenge for someone far from to work with each military hospital to have fought for our country come home home and facing the realities of the set the ideal ratio of caseworkers to to fight new battles against a crippling wounds of war. patients based on the particular needs bureaucracy just to get the compensa- Complicating the challenges, those of that facility. In the interim, our bill tion they have more than earned. They tasked to provide these servicemem- requires a temporary ratio of 1 case- shouldn’t have to live in substandard bers and their families with assistance worker for every 20 recovering service- conditions while they are recovering have been faced with large caseloads members. This will push the Pentagon from their injuries. and insufficient resources. This legisla- to begin hiring and training case- Our legislation directly tackles these tion requires responsible caseloads for workers right away. problems. The principle is simple: our military leaders and caseworkers—and This legislation also provides impor- wounded and recovering servicemem- it requires that those providing this as- tant new support for family members bers must receive the best treatment. sistance not just have a caseload that who often have to endure economic and They can’t live in substandard housing guarantees a recovering servicemember emotional hardship to accompany their as they recover. And they must have a the attention they need and deserve, loved one through the recovery process user-friendly system to help them but that these caseworkers are well and the currently flawed PDES proc- apply for the appropriate disability and trained. ess. It clarifies that non-medical benefits compensation. It’s the least we I also learned that those who come to attendees and family members on invi- can do for all they have done for us. military treatment facilities like Wal- tational orders may receive medical For example, each military depart- ter Reed to help their loved ones often care and mental health counseling ment has a standard for their dor- face uphill battles. I am proud that while caring for injured loved ones at mitories and barracks. I know that not this legislation reaches out to protect military facilities. It extends employ- every dormitory or barracks meets the those loved ones who risk their liveli- ment and job placement training serv- highest standard that the service sets, hood to care for our recovering ices to family members. And most im- but that each service is steadily work- servicemembers by providing them portant, this bipartisan legislation pro- ing to reach this standard across their medical care as well as protections to vides federal protections against a fam- facilities. It is my belief, and this bill secure the jobs they leave behind. ily member on invitational orders serves to establish, that the lowest Today, I visited Walter Reed, talked being fired. I think we can all agree standard acceptable for a returning with our recovering servicemembers, that a mother should never have to wounded servicemember should be the toured the facilities and discussed choose between caring for a wounded highest existing standard in each mili- these issues with Walter Reed’s lead- son or daughter and keeping her job. tary service. Facing the daunting chal- ers. I can confidently say that those Secretary Gates promised a thorough lenge of recovering from war wounds— treating our servicemembers are with investigation by outside experts and both psychological and physical—our me—they want the very best for our re- accountability for those responsible. returning servicemembers should not covering servicemembers and for their Our bill builds on that model by estab- be living among vermin and mold. families. I know that the quality of lishing an Oversight Board of outside They should not be placed in tem- care being provided at Walter Reed and experts to review the Pentagon’s porary, cramped, makeshift, ancient or at many other military hospitals is ex- progress in implementing this bill. The transient quarters. We’re not demand- ceptional and I applaud the caregivers. Board would be appointed by Congress ing the Taj Mahal. We are demanding But I also know that we have all and the executive branch and be made decent living conditions to help these failed to provide the best service and up of veterans, wounded soldiers, fam- injured men and women. support to many during the outpatient ily members and experts on military Further, when problems exist in the care process. Their living quarters were medicine. The Oversight Board will be living quarters of our recovering not the best. The Physical Disability

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4938 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 Evaluation System they experience is develop cures for life-threatening dis- during this session of Congress, there- too bureaucratic. It is time to deliver eases and animal research has been, fore I wanted to also introduce it in the best. This legislation seeks to pro- and continues to be, a fundamental separate legislation for the 110th Con- vide it. part of scientific advances. Instead, gress. That said, I will continue to This is fair legislation. It balances this legislation targets the unethical work with my colleagues on the Small requiring immediate changes with let- practice of selling stolen pets and stray Business Committee, Senators KERRY ting the Department of Defense study animals to research facilities. While I and SNOWE, respectively Chair and what is necessary and to subsequently do not believe that research labora- Ranking Member of the Senate Small implement incremental change. It em- tories intentionally seek out fraudu- Business Committee, as well as with powers our physicians by not requiring lently obtained animals, it does hap- my colleague Senator VITTER to in- random timelines for medical proc- pen. And it does need to be stopped. clude this provision along with more essing or medical care, but it requires My bill will strengthen the Animal comprehensive SBA Disaster Assist- that care and processing happen with Welfare Act by prohibiting the use of ance reforms that we hope to enact in manageable, understandable and random source animal dealers as sup- the coming months. streamlined procedures that equally pliers of dogs and cats to research lab- After Hurricanes Katrina and Rita empowers the servicemember. And this oratories by making funds unavailable hit, our businesses and homeowners bill requires that trained, professional to research facilities that purchase ani- had to wait months for loan approvals. and caring providers be available to re- mals from a dealer that holds a Class B I do not know how many businesses we covering servicemembers and their license under the Animal Welfare Act. lost because help did not come in time. families in sufficient numbers and in In doing so, it also simultaneously en- What these businesses needed was im- the appropriate places throughout the courages the use of legitimate sources mediate, short-term assistance to hold care process. such as USDA-licensed Class A dealers. them over until SBA was ready to In closing, I want to thank Senator I urge my colleagues to join me in my process the tens of thousands of loan OBAMA for his efforts in teaming with efforts to curb the abusive practices of applications it received. me to produce this important legisla- random source dealers by supporting That is why this legislation provides tion. But mostly I want to thank all this bill. the SBA Administrator with the abil- those serving our nation in uniform ity to set up an expedited disaster as- today. Their sense of duty is remark- By Ms. LANDRIEU (for herself, sistance business loan program to able. Their sacrifice is great. Their her- Mr. KERRY, Ms. SNOWE, and Mr. make short-term, low- interest loans to oism unmatched. They have given their VITTER): keep them afloat. These loans will best to our country and our country is S. 715. A bill to amend the Small allow businesses to make payroll, begin committed to giving them the best in Business Act to provide expedited dis- making repairs, and address other im- return. aster assistance, and for other pur- mediate needs while they are awaiting poses; to the Committee on Small Busi- insurance payouts or regular SBA Dis- By Mr. AKAKA: ness and Entrepreneurship. aster Loans. However, I realize that S. 714. A bill to amend the Animal Ms. LANDRIEU. Mr. President, as we every disaster is different and could Welfare Act to ensure that all dogs and all know, there was a tremendous range from a disaster on the scale of cats used by research facilities are ob- amount of criticism of the Federal Hurricanes Katrina or Rita or 9–11, to tained legally; to the Committee on Government’s response to Hurricanes an ice storm or drought. This legisla- Agriculture, Nutrition, and Forestry. Katrina and Rita last year. Things are tion gives the SBA additional options Mr. AKAKA. Mr. President, I rise better now and the region is slowly re- and flexibility in the kinds of relief today to introduce the Pet Protection covering. But, having luckily survived they can offer a community. When a Act of 2007. In 1966, Congress passed the the 2006 hurricane season with no tornado destroys 20 businesses in a Animal Welfare Act to prevent the major storms, and with the 2007 season small town in the Midwest, SBA can abuse and mistreatment of animals and a few months away, we must be sure get the regular disaster program up to provide assurance that family pets that if we have another disaster, the and running fairly quickly. You may would not be sold for laboratory experi- Federal Government’s response will be not need short-term loans in this in- ments. Although the Animal Welfare better this time around. Disaster re- stance. But if you know that SBA’s re- Act provides a solid foundation to stop sponse agencies have to be better orga- sources would be overwhelmed by a the mistreatment of animals, more nized, more efficient, and more respon- storm—just as they were initially with needs to be done to protect pets and sive in order to avoid the problems, the the storms of 2005—these expedited pet owners from the actions of Class B delays, mismanagement, and the seem- business loans would be very helpful. animal dealers, also known as ‘‘random ing incompetence that occurred in 2005. The Small Business Disaster Recov- source’’ dealers. Today, I am proud to sponsor legisla- ery Improvement Act will provide an Across the Nation, random source tion to improve the disaster response essential tool to make the SBA more animal dealers acquire tens of thou- of one agency that had a great deal of proactive, flexible, and most impor- sands of dogs and cats, many of them problems last year, the Small Business tant, more efficient during future dis- family pets, through deceit and fraud. Administration (SBA). This bill, the asters. If SBA is not in the business of Some of their tactics include tricking ‘‘Small Business Disaster Recovery Im- short-term assistance for future disas- animals owners into giving away their provement Act,’’ makes a major im- ters, I feel that we will again see busi- dogs and cats by posing as someone in- provement to the SBA’s disaster re- nesses fail while waiting for SBA to get terested in pet adoption and the out- sponse and provides them with an es- its act together. The agency has imple- right theft of family pets left unat- sential tool to ensure that they are mented some major changes to its Dis- tended. The treatment of the animals more efficient and better prepared for aster Assistance Program but, if the captured and sold by random source future disasters—big and small. I storms of 2005 taught us anything it dealers is often shocking and cruel. should note that this bill is a result of was that the best laid plans can fail. Hundreds of animals are kept in squal- intensive bipartisan work over the past This Expedited Disaster Assistance id conditions with just enough food and couple of months on a larger SBA Dis- Loan Program would ensure that SBA water to keep them alive until sold. aster Reforms bill, S. 137, the ‘‘Small has a backup tool to provide imme- This bill does not address the larger Business Disaster Response and Loan diate assistance to impacted busi- issue of whether animals should or Improvements Act,’’ which was intro- nesses. Again, I look forward to work- should not be used in research facili- duced early in the 110th Congress. I feel ing with both Senator SNOWE and Sen- ties. Medical research is one of our pri- strongly that this provision, an Expe- ator KERRY during the coming weeks mary weapons in the discovery of new dited Disaster Assistance Loan Pro- to ensure that the SBA has everything drugs and surgical techniques that help gram for businesses, should be passed it needs to respond to future disasters.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4939 I ask unanimous consent that the (B) set the terms and conditions of any (E) 4 members shall be appointed by the text of the legislation be printed in the loan made under the program, subject to Minority Leader of the House of Representa- RECORD. paragraph (3). tives. There being no objection, the text of (3) TERMS AND CONDITIONS.—A loan made (2) QUALIFICATIONS.— the bill was ordered to be printed in by the Administration under this section— (A) IN GENERAL.—Appointments to the Con- (A) shall be a short-term loan, not to ex- sortium shall be made from individuals who the RECORD, as follows: ceed 180 days, except that the Administrator are senior-level executives from the Federal S. 715 may extend such term as the Administrator Government or the private-sector who have Be it enacted by the Senate and House of Rep- determines necessary or appropriate on a demonstrated experience as— resentatives of the United States of America in case-by-case basis; (i) providers of senior, geriatric, and other Congress assembled, (B) shall have an interest rate not to ex- assistive services, including housing, nursing SECTION 1. SHORT TITLE. ceed 1 percentage point above the prime rate care, home-and-community based services, This Act may be cited as the ‘‘Small Busi- of interest that a private lender may charge; and assisted living and caregiver organiza- ness Disaster Recovery Assistance Improve- (C) shall have no prepayment penalty; tions; ment Act of 2007’’. (D) may be refinanced as part of any subse- (ii) technology developers or producers of SEC. 2. BUSINESS EXPEDITED DISASTER ASSIST- quent disaster assistance provided under sec- products for aged individuals; ANCE LOAN PROGRAM. tion 7(b) of the Small Business Act; and (iii) Federal, State, or academic research- (a) DEFINITIONS.—In this section— (E) shall be subject to such additional ers that focus on aging issues; (1) the terms ‘‘Administration’’ and ‘‘Ad- terms as the Administrator determines nec- (iv) physicians and other health care pro- ministrator’’ mean the Small Business Ad- essary or appropriate. viders; ministration and the Administrator thereof, (e) REPORT TO CONGRESS.—Not later than 5 (v) insurers and other payer organizations; respectively; months after the date of enactment of this and (2) the term ‘‘immediate disaster assist- Act, the Administrator shall report to the (vi) representatives of the pharmaceutical ance’’ means assistance provided during the Committee on Small Business and Entrepre- industry. period beginning on the date on which a dis- neurship of the Senate and the Committee (B) INCLUSION OF SENIORS AND INDIVIDUALS aster declaration is made and ending on the on Small Business of the House of Represent- WITH DISABILITIES.—At least 2 appointees date that an impacted small business con- atives on the progress of the Administrator shall be— cern is able to secure funding through insur- in establishing the program. (i) age 65 or older; or ance claims, Federal assistance programs, or (f) AUTHORIZATION.—There are authorized (ii) an individual with a disability. other sources; to be appropriated to the Administrator such (3) DATE OF APPOINTMENTS.—The appoint- (3) the term ‘‘program’’ means the expe- sums as are necessary to carry out this sec- ment of a member of the Consortium shall be dited disaster assistance business loan pro- tion. made not later than 30 days after the date of gram established under subsection (b); and enactment of this Act. (4) the term ‘‘small business concern’’ has (d) TERM; VACANCIES.— the meaning given that term in section 3 of By Mr. COLEMAN (for himself, Mr. REID, Mr. MARTINEZ, Mr. (1) TERM.—A member shall be appointed the Small Business Act (15 U.S.C. 632). for the life of the Consortium. (b) CREATION OF PROGRAM.—The Adminis- SMITH, and Mr. KOHL): (2) VACANCIES.—A vacancy on the Consor- trator shall take such administrative action S. 716. A bill to establish a Consor- as is necessary to establish and implement tium— tium on the Impact of Technology in (A) shall not affect the powers of the Con- an expedited disaster assistance business Aging Health Services; to the Com- loan program to provide small business con- sortium; and cerns with immediate disaster assistance mittee on Health, Education, Labor, (B) shall be filled, not later than 30 days under section 7(b) of the Small Business Act and Pensions. after the Consortium is given notice of the (15 U.S.C. 636(b)). Mr. COLEMAN. Mr. President, I ask vacancy, in the same manner as the original (c) CONSULTATION REQUIRED.—In estab- unanimous consent that my legisla- appointment was made. lishing the program, the Administrator shall tion, Consortium on the Impact of (e) INITIAL MEETING.—Not later than 30 days after the date on which all members of consult with— Technology in Aging Health Services (1) appropriate personnel of the Adminis- the Consortium have been appointed, the Act of 2007, be printed in the RECORD. tration (including District Office personnel Consortium shall hold the initial meeting of of the Administration); There being no objection, the text of the Consortium. (2) appropriate technical assistance pro- the bill was ordered to be printed in (f) MEETINGS.—The Consortium shall meet viders (including small business development the RECORD, as follows: at the call of the Chairperson. centers); S. 716 (g) QUORUM.—A majority of the members of the Consortium shall constitute a quorum, (3) appropriate lenders and credit unions; Be it enacted by the Senate and House of Rep- (4) the Committee on Small Business and but a lesser number of members may hold resentatives of the United States of America in hearings. Entrepreneurship of the Senate; and Congress assembled, (5) the Committee on Small Business of the SEC. 3. DUTIES. House of Representatives. SECTION 1. SHORT TITLE. (a) STUDY.— (d) RULES.— This Act may be cited as the ‘‘Consortium (1) IN GENERAL.—The Consortium shall con- (1) IN GENERAL.—Not later than 1 year after on the Impact of Technology in Aging Health duct a study of all matters relating to the the date of enactment of this Act, the Ad- Services Act of 2007’’. potential use of new technology to assist ministrator shall promulgate rules estab- SEC. 2. ESTABLISHMENT OF CONSORTIUM. older adults and their caregivers throughout lishing and implementing the program in ac- (a) ESTABLISHMENT.—There is established a the aging process. cordance with this section. Such rules shall Consortium to be known as the ‘‘Consortium (2) MATTERS TO BE STUDIED.—The matters apply as provided for in this section, begin- on the Impact of Technology in Aging Health to be studied by the Consortium shall in- ning 90 days after their issuance in final Services’’ (referred to in this Act as the clude— form. ‘‘Consortium’’). (A) methods for identifying technology (2) CONTENTS.—The rules promulgated (b) PURPOSE.—The purpose of the Consor- that can be adapted to meet the needs of sen- under paragraph (1) shall— tium is to evaluate the potential of new iors, individuals with disabilities, and the (A) identify whether appropriate uses of technologies to help the United States pre- caregivers of such seniors and individuals funds under the program may include— pare for the unprecedented demographic across all aging services settings; (i) paying employees; changes that will occur during the next 10 (B) methods for fostering scientific innova- (ii) paying bills and other financial obliga- years in the Nation’s healthcare system. tion with respect to aging services tech- tions; (c) MEMBERSHIP.— nology within the business and academic (iii) making repairs; (1) COMPOSITION.—The Consortium shall be communities; (iv) purchasing inventory; composed of 17 members, of whom— (C) identifying barriers to innovation in (v) restarting or operating a small business (A) 1 member shall be appointed by the aging services technology and devising strat- concern in the community in which it was President and designated by the President as egies for removing such barriers ; conducting operations prior to the declared Chairperson of the Consortium; (D) developments in aging services tech- disaster, or to a neighboring area, county, or (B) 4 members shall be appointed by the nology in other countries that may be ap- parish in the disaster area; or Majority Leader of the Senate; plied in the United States; (vi) covering additional costs until the (C) 4 members shall be appointed by the (E) methods for ensuring that businesses in small business concern is able to obtain Minority Leader of the Senate; the United States have a leadership role in funding through insurance claims, Federal (D) 4 members shall be appointed by the the rapidly expanding global market of aging assistance programs, or other sources; and Speaker of the House of Representatives; and services technology; and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00147 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4940 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 (F) identifying barriers to the adoption of SEC. 4. POWERS. the Consortium may procure temporary and aging services technology by health care pro- (a) HEARINGS.—The Consortium may hold intermittent services in accordance with sec- viders and consumers and devising strategies such hearings, meet and act at such times tion 3109(b) of title 5, United States Code, at to removing such barriers. and places, take such testimony, and receive rates for individuals that do not exceed the (b) RECOMMENDATIONS.—The Consortium such evidence as the Consortium considers daily equivalent of the maximum annual shall develop recommendations with respect advisable to carry out this Act. rate of basic pay payable for the General to the following: (b) INFORMATION FROM FEDERAL AGEN- Schedule. (1) Identification of developments in cur- CIES.— (f) PHYSICAL FACILITIES.—The Adminis- rent aging services technologies that may re- (1) IN GENERAL.—The Consortium may se- trator of the General Services Administra- sult in increased efficiency and cost savings cure directly from a Federal agency such in- tion shall locate suitable office space for the to the healthcare system. formation as the Consortium considers nec- operation of the Consortium. The facilities (2) Opportunities for ongoing research and essary to carry out this Act. shall serve as the headquarters of the Con- development by the public and private sec- (2) PROVISION OF INFORMATION.—Except as sortium and shall include all necessary tors to accelerate the development and adop- otherwise provided by law, on request of the equipment and incidentals required for the tion of aging services technology in order Chairperson of the Consortium, the head of proper functioning of the Consortium. to— the agency shall provide the information to SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (A) promote the independence of seniors the Consortium. There are authorized to be appropriated to and individuals with disabilities; (c) POSTAL SERVICES.—The Consortium carry out this Act $1,500,000, for the period of (B) facilitate early disease detection; may use the United States mails in the same fiscal years 2008 through 2011, to remain (C) delay the physical, cognitive, social, manner and under the same conditions as available until expended. and emotional decline resulting from disease other agencies of the Federal Government. SEC. 7. TERMINATION OF CONSORTIUM. and the aging process; (d) CONTRACT AUTHORITY.—The Consortium The Consortium shall terminate 180 days (D) support wellness activities and preven- may contract with and compensate govern- after the date on which the Consortium sub- tive behaviors; ment and private agencies or persons for mits the report required under section 3(c). (E) promote greater support to services, without regard to section 3709 of community- and facility-based caregivers; the Revised Statutes (41 U.S.C. 5). Mr. REED. Mr. President, I am (F) develop systems that improve the qual- (e) POWERS OF MEMBERS AND AGENTS.—Any pleased to join my colleagues, Senator ity and efficiency of facility-based care, such member or agent of the Consortium may, if COLEMAN, and Representatives ESHOO as pharmacy distribution programs and se- authorized by the Consortium, take any ac- and RAMSTAD, in reintroducing the cure electronic clinical records; tion which the Consortium is authorized to Consortium on the Impact of Tech- (G) enhance the utilization of technology take by this section. nology in Health Services Act. by caregivers to reduce the burden of paper- (f) GIFTS.—The Consortium may accept, We face a challenging and exciting use, and dispose of gifts or donations of serv- work ; time in the evolution of America’s (H) minimize caregiver burnout; and ices or property. (I) reduce medication errors and improve (g) PRINTING.—For purposes of costs relat- health care system. Today, roughly 45 overall compliance. ing to printing and binding, including the million men and women are over age (3) Identification of methods to ensure that costs of personnel detailed from the Govern- 65. A full doubling of the elderly popu- necessary technology infrastructure is in ment Printing Office, the Consortium shall lation is predicted to occur by the year place to deliver aging services to rural and be deemed to be a committee of Congress. 2030—with the first of the baby boom urban areas. SEC. 5. CONSORTIUM PERSONNEL MATTERS. generation turning 65 in the year 2011— (4) Whether to establish— (a) COMPENSATION OF MEMBERS.—Members only four years from now. (A) a permanent Federal interagency task of the Consortium shall receive no additional Nowhere is the aging of the popu- force that will facilitate the development pay, allowances, or benefits by reason of lation more apparent than in my home and distribution of aging services tech- their service on the Consortium. nology; and (b) TRAVEL EXPENSES.—A member of the State of Rhode Island. We exceed the (B) a National Resource Center that would Consortium shall be allowed travel expenses, national average in terms of citizens stimulate research, oversee demonstration including per diem in lieu of subsistence, at over the age of 65 as well as those over projects, and provide training and technical rates authorized for an employee of an agen- the age of 85. In a State of slightly assistance to Federal, State, and private sec- cy under subchapter I of chapter 57 of title 5, more than a million people, almost 15 tor organizations and entities that provide United States Code, while away from the percent of the population is over the aging services. home or regular place of business of the age of 65 today. According to Census (5) Assignment of responsibilities for aging member in the performance of the duties of Bureau estimates, the number of elder- services with respect to jurisdiction, fund- the Consortium. ing, and reporting relationships. (c) STAFF.— ly is expected to increase to 18.8 per- (c) REPORT.—Not later than 24 months (1) IN GENERAL.—The Chairperson of the cent of Rhode Island’s population by after the date of enactment of this Act, the Consortium may, without regard to the civil 2025. Consortium shall submit to the President service laws (including regulations), appoint Dramatic increases in life expectancy and the appropriate committees of Congress and terminate an executive director and over the last century can be attributed a report that contains the recommendations such other additional personnel as are nec- to tremendous advances in health and of the Consortium with respect to the fol- essary to enable the Consortium to perform medical research. These demographic lowing: the duties of the Consortium. changes also pose new challenges to (1) DEVELOPMENT OF NATIONAL POLICY.—The (2) COMPENSATION.— development of a national policy to address (A) EXECUTIVE DIRECTOR.—The executive our health care system that require issues with respect to technology and assist- director shall be paid the rate of basic pay creative and innovative solutions. ive health services for seniors, including the for level V of the Executive Schedule under In addition to Americans living appropriate roles and responsibilities for the section 5316 of title 5, United States Code. longer, keeping up with advancements Federal Government, State and local govern- (B) OTHER STAFF.—The staff shall be ap- in medical science poses unique bur- ments, and the private sector. pointed subject to the provisions of title 5, dens and challenges for our health care (2) LEGISLATIVE AND PROGRAM CHANGES.— United States Code, government appoint- system. We are facing shortages in a The specific legislative and regulatory ments in the competitive service, and shall number of critical health care fields— changes with respect to Federal laws and be paid in accordance with the provisions of programs that would support and encourage chapter 51 and subchapter III of chapter 53 of nurses, primary care physicians, and the private sector to develop and make wide- that title relating to classification and Gen- geriatricians—to name a few. These ly available consumer-empowered tech- eral Schedule pay rates. workforce issues further hinder our nology solutions. (d) DETAIL OF FEDERAL GOVERNMENT EM- ability to keep up with the health care (3) ESTABLISHMENT OF NATIONAL RESOURCE PLOYEES.— needs of aging Americans. CENTER.—The establishment of a National (1) IN GENERAL.—An employee of the Fed- Greater use of technology has the po- Resource Center on Aging Services Tech- eral Government may be detailed to the Con- tential to enhance the quality of care nologies to offer training and assistance to sortium without reimbursement. to our aging population and enable sen- the Federal Government, State and local (2) CIVIL SERVICE STATUS.—The detail of governments, and the private sector in the the employee shall be without interruption iors to remain healthy and live inde- application of technology in pilots and trials or loss of civil service status or privilege. pendently longer. The overwhelming with respect to assistive health services for (e) PROCUREMENT OF TEMPORARY AND majority of seniors in my State and seniors. INTERMITTENT SERVICES.—The Chairperson of across the Nation want to ‘‘age in

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00148 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4941 place’’—in their homes—close to their By Mr. AKAKA (for himself, Mr. has led an increasing number of State loved ones. Indeed, a growing number SUNUNU, Mr. LEAHY, and Mr. legislatures to introduce and pass leg- of the baby boom generation support TESTER): islation to condemn REAL ID and, in funding aging services technology re- S. 717. A bill to repeal title II of the some cases, prohibit the state from search, and believe technology will REAL ID Act of 2005, to restore section spending money to implement the Act. allow them to live longer and more 7212 of the Intelligence Reform and My two primary concerns with REAL independently. Terrorism Prevention Act of 2004, ID are that the law places an unreal- The application of technology in the which provides States additional regu- istic and unfunded burden on state gov- aging health care services field would latory flexibility and funding author- ernments and erodes Americans’ civil also help mitigate the burden on pro- ization to more rapidly produce liberties and privacy rights. viders, by allowing physicians, home tamper- and counterfeit-resistant driv- health care workers, and family mem- er’s licenses, and to protect privacy There is nothing realistic about bers to keep in regular contact with and civil liberties by providing inter- REAL ID. The extremely costly and patients and loved ones. Better moni- ested stakeholders on a negotiated complex set of electronic systems that toring of elderly patients would also rulemaking with guidance to achieve will be required to connect the thou- serve to identify changes in their improved 21st century licenses to im- sands of local Departments of Motor health condition before a serious prob- prove national security; to the Com- Vehicles (DMVs) to one another and to lem arises. mittee on the Judiciary. a host of Federal agencies as required The bill we are introducing today Mr. AKAKA. Mr. President, I rise under REAL ID may not be practical. would build on groundbreaking re- today with my colleagues from New This would cost $1.42 billion according search and public-private partnerships Hampshire, Vermont, and Montana, to a September 2006 report issued by to find evidence-based approaches to Senators SUNUNU, LEAHY and TESTER, the NGA, the National Conference of behavioral assessment and non-intru- to reintroduce legislation to address State Legislatures (NCSL), and the sive health monitoring. Improving in- problems with the REAL ID Act of 2005. American Association of Motor Vehicle home monitoring technologies and re- Last year, Senator SUNUNU and I in- Administrators (AAMVA). In addition, mote diagnostics will provide seniors troduced S. 4117, the Identity Security the costs to re-issue every current driv- and their caregivers with greater inde- Enhancement Act, which would repeal er’s license under the new screening pendence and flexibility. A recent the REAL ID Act and reinstitute the process is estimated to cost approxi- study found that Americans, particu- shared rulemaking process and more mately $8 billion over five years. Com- larly those with chronic conditions, are reasonable guidelines established in bined with the other requirements im- already utilizing the Internet and on- the Intelligence Reform and Terrorism posed on states by REAL ID, such as line tools to better manage their Prevention Act of 2004. We joined to- new design requirements for the ID health. Using technology to enhance gether to convey our concerns with cards and on-site security, REAL ID health care professionals ability to ac- REAL ID to the Department of Home- will cost over $11 billion. Congress has cess vital health information will not land Security (DHS) and to urge the appropriated only $40 million for REAL only improve diagnosis and treatment, Department to ensure that the forth- ID implementation, which leaves a but it will also inform the health deci- coming regulations implementing hefty price tag for the states, espe- sions of seniors and their families. REAL ID addressed our concerns. Now, cially for legislation that was passed Smarter applications of technology on the eve of DHS releasing the pro- with no review. in caring for the aged could also ad- posed REAL ID regulations, we once In addition to the unrealistic burden dress some of the growing concerns again introduce our legislation as a REAL ID places on states, REAL ID is with skyrocketing budget deficits. As placeholder as Congress and the Amer- a serious threat to our privacy rights we grapple with Medicare and Medicaid ican people review how DHS proposes and civil liberties. taking up a growing proportion of over- to implement this costly and con- As I said last year, the REAL ID Act all federal spending, we need to care- troversial law. will require every driver’s licensing fully balance health care expenditures I plan to hold a hearing on the REAL agency to collect and store substantial while also improving the quality of ID regulations in the Oversight of Gov- numbers of records containing licens- care. We need to use precious health ernment Management Subcommittee ees’ most sensitive personally identifi- care dollars wisely and prudently as we shortly, and I will develop comprehen- able information, including one’s social seek creative ways to continue to pro- sive legislation to address any privacy security number, proof of residence, vide quality health services to the el- and civil liberties issues arising under and biometric identifiers such as a dig- derly. the Act and any unrealistic burdens ital photograph and signature. If the The Consortium on the Impact of placed on the states. state databases are compromised, they Technology in Health Services Act will From the time the REAL ID Act be- will provide one-stop access to vir- bring together experts from the med- came law nearly two years ago, hun- tually all information necessary to ical, aging, and technology fields to dreds of organizations—ranging from commit identity theft. build a vision and a framework for the the National Governor’s Association development and implementation of a (NGA) to the American Civil Liberties Moreover, the sharing of the aggre- 21st century health care system able to Union (ACLU)—have voice their strong gated personally identifiable informa- meet the needs of our burgeoning aging opposition to REAL ID. None of these tion of licensees between and amongst population. groups were heard by Congress before various government agencies and em- We need to change the way we think the bill was passed in May 2005 as there ployees at the federal, state, and local about health care for our Nation’s sen- were no hearings to understand the re- level, as contemplated by the REAL ID iors. We need a model that is oriented percussions of such sweeping legisla- Act, potentially allows millions of in- toward health promotion and disease tion. dividuals access to that information prevention. This legislation gives us a Rather, the REAL ID Act was at- without protections or safeguards. jumpstart on developing and imple- tached to the Emergency Supplemental Despite these obvious threats to menting the tools and strategies to Appropriations Act for Defense, the Americans’ privacy, the REAL ID Act serve the senior population of America Global War on Terror, and Tsunami Re- fails to mandate privacy protections more effectively and with greater cost lief Act (P.L. 109–13) in Conference. It for individuals’ information nor does it savings. was wrong to include the legislation provide states with the means to im- I am pleased to join with my col- that has such a massive impact on plement data security and anti-hack- leagues in introducing this important State and local governments without ing protections that will be required to initiative and hope the Senate will give their input. Not having a full debate on safeguard the new databases mandated it careful consideration. the measure to determine its impact by the Act.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00149 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4942 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 REAL ID exacerbates the threat of (iii) AUDITS.—The Secretary may conduct liberties and protection of constitutional identity theft which threatens our se- periodic audits of each State’s compliance rights, and experts in immigration law. curity by giving us a false sense of se- with the requirements of this section. (4) CONTENT OF REGULATIONS.—The regula- curity. (2) MINIMUM STANDARDS.—Not later than 12 tions required by subsection (b)(2)— Unfunded mandates and the lack of months after the date of the enactment of (A) shall facilitate communication be- this Act, the Secretary, in consultation with tween the chief driver licensing official of a privacy and security requirements are the Secretary of Transportation, shall by State, an appropriate official of a Federal real problems that deserve real consid- regulation, establish by minimum standards agency and other relevant officials, to verify eration and real solutions. Congress for driver’s licenses or personal identifica- the authenticity of documents, as appro- has a responsibility to ensure that tion cards issued by a State for use by Fed- priate, issued by such Federal agency or en- driver’s licenses and ID cards issued in eral agencies for identification purposes that tity and presented to prove the identity of the United States are secure—both shall include— an individual; from would-be terrorists and identity (A) standards for documentation required (B) may not infringe on a State’s power to thieves—affordable, and practical. as proof of identity of an applicant for a set criteria concerning what categories of in- driver’s license or personal identification dividuals are eligible to obtain a driver’s li- I ask unanimous consent that the card; cense or personal identification card from text of the bill be printed in the (B) standards for the verifiability of docu- that State; RECORD. ments used to obtain a driver’s license or (C) may not require a State to comply with There being no objection, the text of personal identification card; any such regulation that conflicts with or the bill was ordered to be printed in (C) standards for the processing of applica- otherwise interferes with the full enforce- the RECORD, as follows: tions for driver’s licenses and personal iden- ment of State criteria concerning the cat- S. 717 tification cards to prevent fraud; egories of individuals that are eligible to ob- Be it enacted by the Senate and House of Rep- (D) standards for information to be in- tain a driver’s license or personal identifica- resentatives of the United States of America in cluded on each driver’s license or personal tion card from that State; Congress assembled, identification card, including— (D) may not require a single design to (i) the person’s full legal name; which driver’s licenses or personal identi- SECTION 1. SHORT TITLE. (ii) the person’s date of birth; fication cards issued by all States must con- This Act may be cited as the ‘‘Identifica- (iii) the person’s gender; form; and tion Security Enhancement Act of 2007’’. (iv) the person’s driver’s license or per- (E) shall include procedures and require- SEC. 2. REPEAL. sonal identification card number; ments to protect the privacy rights of indi- Title II of the REAL ID Act of 2005 (divi- (v) a photograph of the person; viduals who apply for and hold driver’s li- sion B of Public Law 109–13; 49 U.S.C. 30301 (vi) the person’s address of principal resi- censes and personal identification cards. note) is repealed. dence; and (F) shall include procedures and require- SEC. 3. DRIVER’S LICENSES AND PERSONAL (vii) the person’s signature; ments to protect the federal and state con- IDENTIFICATION CARDS. (E) standards for common machine-read- stitutional rights and civil liberties of indi- (a) DEFINITIONS.—In this section: able identity information to be included on viduals who apply for and hold driver’s li- (1) DRIVER’S LICENSE.—The term ‘‘driver’s each driver’s license or personal identifica- censes and personal identification cards; license’’ means a motor vehicle operator’s li- tion card, including defined minimum data (G) shall not permit the transmission of cense (as defined in section 30301(5) of title elements; any personally identifiable information ex- 49, United States Code). (F) security standards to ensure that driv- cept for in encrypted format; (2) PERSONAL IDENTIFICATION CARD.—The er’s licenses and personal identification (H) shall provide individuals with proce- term ‘‘personal identification card’’ means cards are— dural and substantive due process, including an identification document (as defined in (i) resistant to tampering, alteration, or promulgating rules and rights of appeal, to section 1028(d)(3) of title 18, United States counterfeiting; and challenge errors in data records contained Code) issued by a State. (ii) capable of accommodating and ensur- within the databases created to implement (b) STANDARDS FOR ACCEPTANCE BY FED- ing the security of a photograph or other this Act; ERAL AGENCIES.— unique identifier; and (I) shall not permit private entities to scan (1) IN GENERAL.— (G) a requirement that a State confiscate a the information contained on the face of a li- (A) LIMITATION ON ACCEPTANCE.—No Fed- driver’s license or personal identification cense, or in the machine readable component eral agency may accept, for any official pur- card if any component or security feature of of the license, and resell, share or trade that pose, a driver’s license or personal identifica- the license or identification card is com- information with any other third parties, tion card newly issued by a State more than promised. nor shall private entities be permitted to 2 years after the promulgation of the min- (c) NEGOTIATED RULEMAKING.— store the information collected for any other imum standards under paragraph (2) unless (1) IN GENERAL.—Before publishing the pro- than fraud prevention purposes; the driver’s license or personal identification posed regulations required by subsection (J) shall not preempt state privacy laws card conforms to such minimum standards. (b)(2) to carry out this title, the Secretary that are more protective of personal privacy (B) DATE FOR FULL CONFORMANCE.— shall establish a negotiated rulemaking than the standards, or regulations promul- (i) IN GENERAL.—Except as provided under process pursuant to subchapter IV of chapter gated to implement this Act; and clause (ii), beginning on the date that is 5 5 of title 5, United States Code (5 U.S.C. 561 (K) shall neither permit nor require years after the promulgation of minimum et seq.). verification of birth certificates until a na- standards under paragraph (2), no Federal (2) TIME REQUIREMENT.—The process de- tionwide system is designed to facilitate agency may accept, for any official purpose, scribed in paragraph (1) shall be conducted in such verification. a driver’s license or personal identification a timely manner to ensure that— (d) GRANTS TO STATES.— card issued by a State unless such driver’s li- (A) any recommendation for a proposed (1) ASSISTANCE IN MEETING FEDERAL STAND- cense or personal identification card con- rule or report— ARDS.—Beginning on the date a final regula- forms to such minimum standards. (i) is provided to the Secretary not later tion is promulgated under subsection (b)(2), (ii) ALTERNATIVE DATE FOR FULL CONFORM- than 9 months after the date of the enact- the Secretary shall award grants to States ANCE.—If the Secretary determines that it is ment of this Act; and to assist them in conforming to the min- impracticable for States to replace all State- (ii) includes an assessment of the benefits imum standards for driver’s licenses and per- issued driver’s licenses and personal identi- and costs of the recommendation; and sonal identification cards set forth in the fication cards before the deadline set forth in (B) a final rule is promulgated not later regulation. clause (i), the Secretary, in consultation than 12 months after the date of the enact- (2) ALLOCATION OF GRANTS.—The Secretary with the Secretary of Transportation, may ment of this Act. shall award grants to States under this sub- set a later, alternative deadline to the extent (3) REPRESENTATION ON NEGOTIATED RULE- section based on the proportion that the es- necessary for States to complete such re- MAKING COMMITTEE.—Any negotiated rule- timated average annual number of driver’s placement with reasonable efforts. making committee established by the Sec- licenses and personal identification cards (C) STATE CERTIFICATION.— retary pursuant to paragraph (1) shall in- issued by a State applying for a grant bears (i) IN GENERAL.—Each State shall certify to clude equal numbers of representatives to the average annual number of such docu- the Secretary that the State is in compli- from— ments issued by all States. ance with the requirements of this section. (A) among State offices that issue driver’s (3) MINIMUM ALLOCATION.—Notwithstanding (ii) FREQUENCY.—Certifications under licenses or personal identification cards; paragraph (2), each State shall receive not clause (i) shall be made at such intervals and (B) among State elected officials; less than 0.5 percent of the grant funds made in such a manner as the Secretary, with the (C) the Department of Transportation; and available under this subsection. concurrence of the Secretary of Transpor- (D) among interested parties, including ex- (4) SEPARATE FUNDING.—Funds appro- tation, may prescribe by regulation. perts in privacy protection, experts in civil priated for grants under this section may not

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00150 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4943 be commingled with other grant funds ad- of the Supply and Demand for Critical multiple solutions are a necessity. We ministered by the Department and may not Care Physicians,’’ HRSA found that the do not want to face this shortage in the be used for any purpose other than the pur- country does not have enough physi- future in a direr situation as the nurs- pose set forth in paragraph (1). cians trained in critical care medicine ing shortage currently is. (e) EXTENSION OF EFFECTIVE DATE.—The Secretary may extend the date specified to treat all those in need of the care. The answer to the opening question under subsection (b)(1)(A) for not more than The report projected future demand for is simple. We must not hold off for to- 2 years for driver’s licenses issued by a State these services and found that, as a re- morrow what we can do today, and we if the Secretary determines that the State sult of having to staff ICUs with crit- must not wait for our healthcare crisis made reasonable efforts to comply with the ical care doctors, a total of 4,300 to worsen. Our country will face a crit- date under such subsection but was unable to intensivist physicians will be needed ical care workforce shortage. I want do so. when only 2,800 are available. The my family to have access to the best SEC. 4. AUTHORIZATION OF APPROPRIATIONS. HRSA report recognized that the de- quality care when they need it, and There are authorized to be appropriated to this includes having access to a critical the Secretary $300,000,000 for each of the fis- mand in the United States for critical cal years 2007 through 2013 to carry out this care medical services is rising sharply care doctor. Passage of the Patient-Fo- Act. and will continue to do so. cused Critical Care Enhancement Act To proactively address the is a step in that direction. By Mr. DURBIN (for himself and healthcare needs of our nation, I am Mr. President, I ask unanimous con- Mr. CRAPO): pleased to join with my colleague Sen- sent that the text of the bill be printed S. 718. A bill to optimize the delivery ator CRAPO today to introduce legisla- in the RECORD. of critical care medicine and expand tion to address the looming shortage of There being no objection, the text of the critical care workforce; to the critical care providers. Our bill, The the bill was ordered to be printed in Committee on Health, Education, Patient-Focused Critical Care En- the RECORD, as follows: Labor, and Pensions. hancement Act authorizes a series of S. 718 Mr. DURBIN. Mr. President, why modest and sensible measures that—if Be it enacted by the Senate and House of Rep- hold off for tomorrow what we can do enacted now instead of waiting for this resentatives of the United States of America in today? The current healthcare crisis in shortage to worsen—can help to obvi- Congress assembled, our Nation did not happen overnight. It ate the problem. SECTION 1. SHORT TITLE. has been accumulating as a result of a First, the Patient-Focused Critical This Act may be cited as the ‘‘Patient-Fo- lack of serious attention to the most Care Enhancement Act would direct cused Critical Care Enhancement Act’’. pressing healthcare issues, including the Agency for Health Research and SEC. 2. PURPOSE. healthcare workforce shortages. As a Quality to assess the current state of The purpose of this Act is to optimize the husband and a parent, I pray every day and recommend ‘‘best practices’’ for delivery of critical care medicine and expand that my wife and children will have ac- critical care medicine. The authoriza- the critical care workforce. cess to the quality healthcare they de- tion of demonstration projects on inno- SEC. 3. FINDINGS. serve when they need it. As a public of- vations in ICU services and on family- Based on the Health Resources and Serv- ficial, I believe that it is my responsi- ices Administration’s May 2006 Report to centered, multi-disciplinary ap- Congress, The Critical Care Workforce: A bility to help make that care available proaches to critical care services are Study of the Supply and Demand for Critical for not only my own family, but also important for determining how to im- Care Physicians, the Senate makes the fol- for the families in the State of Illinois prove the quality of the care delivered lowing findings: and across the Nation. and how to best make use of our exist- (1) In 2000, an estimated 18,000,000 inpatient The growing shortage of critical care ing resources of critical care doctors. days of ICU care were provided in the United physicians undermines the quality and Our bill would also expand telemedi- States through approximately 59,000 ICU availability of health care services in cine opportunities for critical care beds in 3,200 hospitals. the United States. This shortage can be physicians to promote efforts relating (2) Patient outcomes and the quality of care in the ICU are related to who delivers expected to disproportionately impact to critical care and ensure that all that care and how care is organized. rural and other areas of the United communities have greater access to (3) The demand in the United States for States that already often suffer from a this important, lifesaving care. For our critical care medical services is rising sharp- sub-optimal level of critical care serv- rural communities and medically un- ly and will continue to rise sharply largely ices. When a loved one needs a critical derserved areas, the need for critical as a result of the following 3 factors: care doctor, would we not want one to care doctors is exacerbated. This bill (A) There is strong evidence demonstrating be available? If research tells us that will hopefully expand the effectiveness improvements in outcomes and efficiency their recovery may be better and their of existing critical care providers in when intensive care services are provided by nurses and intensivist physicians who have recovery time faster, would we not environments where intensivists are in advanced specialty training in critical care want our loved one to have access to a short supply. medicine. critical care doctor? Finally, to address the supply prob- (B) The Leapfrog Group, health care The Leap Frog Group has clearly doc- lem, the bill would allow for the Na- payors, and providers are encouraging great- umented that significant improvement tional Health Service Corps to support er use of such personnel in intensive care in outcomes—in both quality and and encourage critical care providers settings. cost—result when a critically ill or in- to practice in medically underserved (C) Critical care services are overwhelm- jured patient is seen by an intensivist. areas. ingly consumed by patients over the age of With a greater use of intensivists, an The Patient-Focused Critical Care 65 and the aging of the United States popu- lation is driving demand for these services. estimated 54,000 deaths that currently Enhancement Act is strongly endorsed (4) The future growth in the number of occur in ICUs could be avoided. Unfor- by the key medical specialty societies critical care physicians in ICU settings will tunately, only one-third of our criti- and patient groups involved in critical be insufficient to keep pace with growing de- cally ill citizens are treated by physi- care medicine, including the American mand. cians and nurses specifically trained to College of Chest Physicians, the Amer- (5) This growing shortage of critical care manage their complex health issues. ican Thoracic Society, the Society for physicians presents a serious threat to the In June 2003, Congress asked the Critical Care Medicine, the Association quality and availability of health care serv- Health Resources and Services Admin- of Critical Care Nurses and the Acute ices in the United States. (6) This shortage will disproportionately istration—HRSA—to examine the Respiratory Distress Syndrome Foun- impact rural and other areas of the United healthcare needs of a growing popu- dation. States that already often suffer from a sub- lation and the availability of pul- This multipronged approach is to optimal level of critical care services. monary and critical care physicians. In look at both short term and long term SEC. 4. RESEARCH. its May 2006 report to Congress entitled solutions to a growing concern. But in (a) IN GENERAL.—The Secretary of Health ‘‘The Critical Care Workforce: A Study today’s complex healthcare situation, and Human Services, through the Agency for

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00151 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4944 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 Healthcare Research and Quality, shall con- shall emphasize outcome measures based on clude solid waste disposal from the ju- duct research to assess— the Institute of Medicine’s following 6 do- risdiction of the Surface Transpor- (1) the standardization of critical care pro- mains of quality care: tation Board; to the Committee on tocols, intensive care unit layout, equipment (i) Care should be safe. Commerce, Science, and Transpor- interoperability, and medical informatics; (ii) Care should be effective. (2) the impact of differences in staffing, or- (iii) Care should be patient-centered. tation. ganization, size, and structure of intensive (iv) Care should be timely. Mr. LAUTENBERG. Mr. President, I care units on access, quality, and efficiency (v) Care should be efficient. rise today to re-introduce legislation of care; and (vi) Care should be equitable. that will close an egregious loophole in (3) coordinated community and regional SEC. 6. USE OF TELEMEDICINE TO ENHANCE federal law. Currently, this loophole approaches to providing critical care serv- CRITICAL CARE SERVICES IN RURAL permits solid waste management facili- ices, including approaches whereby critical AREAS. ties operated near railroads to go un- care patients are assessed and provided care (a) AMENDMENT TO RURAL UTILITIES SERV- based upon intensity of services required. ICE DISTANCE LEARNING AND TELEMEDICINE regulated—free from meeting any min- (b) REPORT.—Not later than 18 months PROGRAM.—Chapter 1 of subtitle D of title imum level of safety, health, and envi- after the date of enactment of this Act, the XXIII of the Food, Agriculture, Conserva- ronmental standards. Basically, this Agency for Healthcare Research and Quality tion, and Trade Act of 1990 (7 U.S.C. 950aaa et loophole prevents state or local law shall submit a report to Congress, that, seq.) is amended by adding at the end the fol- from regulating the operation of these based on the review under subsection (a), lowing: facilities on property owned or con- evaluates and makes recommendations re- ‘‘SEC. 2335B. ADDITIONAL AUTHORIZATION OF trolled by railroads. garding best practices in critical care medi- APPROPRIATIONS FOR TELEMEDI- cine. CINE CRITICAL CARE INITIATIVES. In fact, just last week, a United SEC. 5. INNOVATIVE APPROACHES TO CRITICAL ‘‘In addition to amounts authorized under States District Court judge declared CARE SERVICES. section 2335A, there is authorized to be ap- this loophole alive and well. By shut- The Secretary of Health and Human Serv- propriated $5,000,000 in each of fiscal years ting down the State of New Jersey’s ef- ices shall undertake the following dem- 2008 through 2013 to carry out telemedicine forts to regulate solid waste rail facili- onstration projects: initiatives under this chapter whereby 1 or ties, this ruling allows the continuing (1) OPTIMIZATION OF CRITICAL CARE SERV- more rural providers of inpatient critical ICES.— proliferation of these unregulated fa- care services propose, through collaboration cilities—which are already spreading (A) IN GENERAL.—The Administrator of the with other providers, to augment the deliv- Centers for Medicare & Medicaid Services ery of critical care services in the rural inpa- quickly throughout the Northeast shall solicit proposals submitted by inpa- tient setting through the use of tele- United States. tient providers of critical care services who communications systems that allow for con- These unregulated facilities present propose to demonstrate methods to optimize sultation with critical care providers not lo- an imminent threat to public health the provision of critical care services to cated in the rural facility regarding the care and the environment. My bill, the Medicare beneficiaries through innovations of such patients.’’. Clean Railroads Act of 2007, will close in such areas as staffing, ICU arrangement, (b) AMENDMENT TO TELEHEALTH NETWORK and utilization of technology. this loophole once and for all. Almost 2 GRANT PROGRAM.—Section 330I(i)(1)(B) of the years ago, I first introduced legislation (B) FUNDING OF PROPOSALS.—The Adminis- Public Health Service Act (42 U.S.C. 254c– trator of the Centers for Medicare & Med- 14(i)(1)(B)) is amended by striking the period to address this problem, and I renew icaid Services shall fund not more than 5 at the end and inserting ‘‘, or that augment that effort today. proposals, not less than 1 of which shall the delivery of critical care services in rural This problem could easily be solved focus on the training of hospital-based physi- inpatient settings through consultation with by proper interpretation of current fed- cians in rural or community, or both, hos- providers located elsewhere.’’. eral law. Such an interpretation could pital facilities in the provision of critical SEC. 7. INCREASING THE SUPPLY OF CRITICAL be made by the federal Surface Trans- care medicine. Such projects shall emphasize CARE PROVIDERS. outcome measures based on the Institute of portation Board (STB), an independent Section 338B of the Public Health Service board charged with economic regula- Medicine’s following 6 domains of quality Act (42 U.S.C. 254l–1) is amended by adding at care: the end the following: tion of railroads. However, despite sev- (i) Care should be safe. ‘‘(i) CRITICAL CARE INITIATIVE.— eral opportunities, the STB has chosen (ii) Care should be effective. ‘‘(1) ESTABLISHMENT.—The Secretary shall not to define a clear position on this (iii) Care should be patient-centered. undertake an initiative that has as its goal issue. I have urged the Board members (iv) Care should be timely. the annual recruitment of not less than 50 (v) Care should be efficient. to address this problem, as the loop- providers of critical care services into the hole in federal law has allowed even (vi) Care should be equitable. National Health Service Corps Loan Repay- (2) FAMILY ASSISTANCE PROGRAMS FOR THE more of these unregulated facilities to ment Program. Providers recruited pursuant CRITICALLY ILL.— to this initiative shall be additional to, and operate. (A) IN GENERAL.—The Secretary of Health not detract from, existing recruitment ac- Last week’s court ruling has high- and Human Services shall solicit proposals tivities otherwise authorized by this section. lighted the need to find a solution to and make an award to support a consortium ‘‘(2) CLARIFYING AMENDMENT.—The initia- this problem immediately, and my bill consisting of 1 or more providers of inpatient tive described in paragraph (1) shall be un- would do just that. critical care services and a medical specialty dertaken pursuant to the authority of this society involved in the education and train- Let me be clear that my concern is section, and for purposes of the initiative— ing of critical care providers. not the transport of solid waste by rail. ‘‘(A) the term ‘primary health services’ as (B) MEASUREMENT AND EVALUATION.—A pro- Railroads provide a vital role in com- used in subsection (a) shall be understood to vider that receives support under subpara- merce in the United States and the include critical care services; and graph (A) shall measure and evaluate out- ‘‘(B) ‘an approved graduate training pro- benefits of rail transportation are nu- comes derived from a ‘‘family-centered’’ ap- gram’ as that term is used in subsection merous, as we in New Jersey know. proach to the provision of inpatient critical (b)(1)(B) shall be limited to pulmonary fel- Further, the transportation of waste care services that includes direct and sus- lowships or critical care fellowships, or both, via rail is not at issue here, and I am tained communication and contact with ben- for physicians.’’. eficiary family members, involvement of not opposed to the operation of solid family members in the critical care decision- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. waste management facilities on prop- making process, and responsiveness of crit- There are authorized to be appropriated to erty owned or controlled by railroads. ical care providers to family requests. Such carry out this Act— My chief concern is the lawful man- project shall evaluate the impact of a fam- (1) $5,000,000 for the research to be con- agement of solid waste facilities. If a ducted under section 4; and ily-centered, multiprofessional team ap- solid waste management facility is to proach on, and the correlation between— (2) $4,000,000 for the demonstration projects authorized under section 5. be operated on rail property, it must be (i) family satisfaction; regulated like any other such facility. (ii) staff satisfaction; That is not happening today. (iii) length of patient stay in an intensive By Mr. LAUTENBERG (for him- care unit; and self, Mr. MENENDEZ, Mr. KEN- The threats posed by unregulated (iv) cost of care. NEDY, and Mr. REED): waste management facilities operating (C) OUTCOME MEASURES.—A provider that S. 719. A bill to amend section 10501 on property owned or controlled by receives support under subparagraph (A) of title 49, United States Code, to ex- railroads are so great that a broad and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00152 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4945 diverse coalition of public and private Whereas Deval Patrick has been a pioneer of the 50 States of our great Nation. sector entities have been formed to op- his entire life and was the first member of That is pretty amazing. But what is pose these rogue operations. I thank his family to attend college; more amazing is that the people of these coalition members for their con- Whereas Deval Patrick graduated with Massachusetts did not elect him be- honors from Harvard College in 1978; tinued efforts, and will be looking for- Whereas Deval Patrick was elected presi- cause they wanted to make history, ward to the day in which their fears dent of the Legal Aid Bureau while attending they elected him because they knew he over this issue can be permanently as- Harvard Law School and worked to defend was the best man for the job. They rec- suaged. poor families in Middlesex County, Massa- ognized that ‘‘Together We Can’’ was Responsible management of solid chusetts during law school; more than just a catchy campaign slo- waste requires safeguards to protect Whereas Deval Patrick spent many suc- gan—it’s a philosophy about how to public health and the environment. As cessful years at the National Association for treat people and how to lead them. And Chairman of the Commerce Commit- the Advancement of Colored People Legal it embodies the kind of leadership our Defense Fund, devoting his efforts to anti- tee’s Subcommittee on Surface Trans- discrimination and voting rights cases; State and our Nation are crying out for portation and Merchant Marine Infra- Whereas Deval Patrick served as a partner at this time. structure, Safety, and Security, which at the Boston law firm of Hill and Barlow Throughout his entire life, Deval has jurisdiction over railroads and the and took on many pro bono cases, including Patrick has been pushing the envelope, Surface Transportation Board, I will a landmark lending scam case filed on behalf striving to achieve what many thought work to ensure this loophole does not of the Commonwealth of Massachusetts; was impossible, overcoming obstacles continue to let the hazards of unregu- Whereas Deval Patrick was appointed As- that might have made others of lesser lated solid waste rail facilities affect sistant Attorney General for Civil Rights, conviction or determination turn back. the Nation’s top civil rights enforcement the lives of New Jerseyans and other post, by President Bill Clinton; After all, this is a man who went from Americans. Whereas Deval Patrick served with distinc- the South Side of Chicago to the Har- I ask unanimous consent that the tion as Assistant Attorney General for Civil vard Law Review. text of the bill be printed in the Rights, investigating church burnings, pros- This is a man who was elected Presi- RECORD. ecuting hate crimes and abortion clinic vio- dent of the Legal Aid Bureau while at- There being no objection, the text of lence, holding public employers accountable tending Harvard Law School and who the bill was ordered to be printed in for job discrimination, ensuring access to defended poor families in Middlesex housing free of discrimination, protecting the RECORD, as follows: County, MA prior to graduation. Let the right to vote, and enforcing the Ameri- me tell you something, I attended law S. 719 cans with Disabilities Act (42 U.S.C. 12101 et Be it enacted by the Senate and House of Rep- seq.) and other important civil rights laws; school, and I worked in the DA’s office resentatives of the United States of America in Whereas Deval Patrick returned to private prior to my graduation. It is no easy Congress assembled, practice with the Boston law firm Day, task to balance these competing de- SECTION 1. SHORT TITLE. Berry, and Howard in 1997; mands, to work with families day in This Act may be cited as the ‘‘Clean Rail- Whereas Deval Patrick was appointed by a and day out on issues that their lives roads Act of 2007’’. Federal district court in 1997 to serve as the depend on. It is a truly remarkable SEC. 2. AMENDMENTS TO EXCLUDE SOLID WASTE first chairperson of Texaco’s Equality and achievement. FACILITIES FROM THE JURISDIC- Fairness Task Force, and was charged with Yet, Deval’s commitment to public TION OF THE BOARD. rebuilding the company’s system of employ- ment practices following the settlement of a service did not end there. In fact, it Section 10501 of title 49, United States was just beginning. Deval went on to Code, is amended— significant race discrimination case against (1) by striking ‘‘facilities,’’ in subsection the company; spend many successful years at the (b)(2) and inserting ‘‘facilities (except solid Whereas, beginning in 1999, Deval Patrick NAACP Legal Defense Fund, devoting waste management facilities (as defined in served as president and general counsel of his efforts to discrimination and voting section 1004 of the Solid Waste Disposal Act Texaco and subsequently executive vice rights cases. Then, after serving as a (42 U.S.C. 6903))),’’; and president and general counsel of Coca-Cola Partner at the Boston law firm of Hill (2) by striking ‘‘over mass transportation before returning to Massachusetts to run for & Barlow, he was appointed Assistant provided by a local governmental author- Governor; Whereas Deval Patrick shows great prom- Attorney General for Civil Rights by ity.’’ in subsection (c)(2) and inserting President Bill Clinton. ‘‘over— ise as the Commonwealth’s new Governor; ‘‘(A) mass transportation provided by a and At the Justice Department, Deval local governmental authority; or Whereas Deval Patrick is aided in his serv- served with distinction in this—the Na- ‘‘(B) the processing or sorting of solid ice to Massachusetts by his loving wife tion’s top civil rights post—inves- waste.’’. Diane and his daughters Sarah and Kath- tigating church burnings, prosecuting erine: Now, therefore, be it f hate crimes and abortion clinic vio- Resolved, That the Senate— lence; holding public employers ac- SUBMITTED RESOLUTIONS (1) honors the extraordinary achievements countable for job discrimination; en- of Massachusetts Governor Deval Patrick; (2) offers its appreciation for Deval Pat- suring access to housing free of dis- SENATE RESOLUTION 88—HON- rick’s continuing devotion to the people of crimination; protecting the right to ORING THE EXTRAORDINARY Massachusetts; and vote; and enforcing the Americans with ACHIEVEMENTS OF MASSACHU- (3) congratulates Deval Patrick on his his- Disabilities Act, and other important SETTS GOVERNOR DEVAL PAT- toric election as Governor of Massachusetts civil rights laws. and becoming the second African-American RICK During his time at Justice, Deval Governor in the history of the United States. proved that he would fight for justice, Mr. KERRY (for himself and Mr. Mr. KERRY. Mr. President, I would that he would fight for individual KENNEDY) submitted the following res- like to take a moment to honor an ex- rights, and that he was not afraid to olution; which was referred to the traordinary man, a dedicated public hold people accountable, even if others Committee on the Judiciary: servant, and, now, the Governor of my found it politically difficult or dis- S. RES. 88 home State, Massachusetts: Deval Pat- tasteful. Whereas February is widely recognized as rick. It is particularly fitting that we These are just a few of Deval Pat- Black History Month; honor Deval today—during Black His- rick’s tremendous career accomplish- Whereas Deval Patrick was born in Chi- tory Month—because not only is Deval ments that lead him to this point in cago, Illinois but, after receiving what he an outstanding choice to lead our time as my state’s newest Governor. has described as a life-changing education at State, but he is only the second Afri- For generations, too many young Milton Academy, has made Milton, Massa- chusetts his home; can American to be elected governor in Americans have grown up with a gnaw- Whereas Deval Patrick is the second Afri- American History. ing sense of doubt: that maybe the best can American elected Governor in the his- Think about that: the second African that America has to offer doesn’t real- tory of the United States; American to be elected governor in any ly apply to them. That’s why I am so

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00153 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4946 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 happy that a generation of children vidual consultants, or organizations thereof (2) not to exceed $30,000, may be expended will see men like Deval Patrick in (as authorized by section 202(i) of the Legis- for the training of the professional staff of great positions of leadership. And it is lative Reorganization Act of 1946 (2 U.S.C. such committee (under procedures specified my great hope that positive examples 72a(i))); and by section 202(j) of that Act). (2) not to exceed $40,000, may be expended (d) EXPENSES FOR PERIOD ENDING FEBRUARY like his will lead a new generation of for the training of the professional staff of 28, 2009.—For the period October 1, 2008, people of color to push this country to such committee (under procedures specified through February 28, 2009, expenses of the ever greater heights. by section 202(j) of that Act). committee under this section shall not ex- f (c) EXPENSES FOR FISCAL YEAR 2008 PE- ceed $3,032,712, of which amount— RIOD.—The expenses of the committee for the (1) not to exceed $50,000, may be expended SENATE RESOLUTION 89—AUTHOR- period October 1, 2007, through September 30, for the procurement of the services of indi- IZING EXPENDITURES BY COM- 2008, under this section shall not exceed vidual consultants, or organizations thereof MITTEES OF THE SENATE FOR $3,862,713, of which amount— (as authorized by section 202(i) of the Legis- THE PERIODS MARCH 1, 2007, (1) not to exceed $200,000, may be expended lative Reorganization Act of 1946); and THROUGH SEPTEMBER 30, 2007, for the procurement of the services of indi- (2) not to exceed $30,000, may be expended AND OCTOBER 1, 2007, THROUGH vidual consultants, or organizations thereof for the training of the professional staff of such committee (under procedures specified SEPTEMBER 30, 2008, AND OCTO- (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). BER 1, 2008, THROUGH FEBRUARY 72a(i))); and SEC. 4. COMMITTEE ON BANKING, HOUSING, AND 28, 2009 (2) not to exceed $40,000, may be expended URBAN AFFAIRS. Mrs. FEINSTEIN submitted the fol- for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out lowing resolution; from the Committee such committee (under procedures specified its powers, duties, and functions under the by section 202(j) of that Act). Standing Rules of the Senate, in accordance on Rules and Administration; which with its jurisdiction under rule XXV of such was placed on the calendar: (d) EXPENSES FOR PERIOD ENDING FEBRUARY 28, 2009.—For the period October 1, 2008, rules, including holding hearings, reporting S. RES. 89 through February 28, 2009, expenses of the such hearings, and making investigations as Resolved, committee under this section shall not ex- authorized by paragraphs 1 and 8 of rule SECTION 1. AGGREGATE AUTHORIZATION. ceed $1,640,188, of which amount— XXVI of the Standing Rules of the Senate, (a) IN GENERAL.—For purposes of carrying (1) not to exceed $200,000, may be expended the Committee on Banking, Housing, and out the powers, duties, and functions under for the procurement of the services of indi- Urban Affairs is authorized from March 1, the Standing Rules of the Senate, and under vidual consultants, or organizations thereof 2007, through February 28, 2009, in its discre- tion— the appropriate authorizing resolutions of (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- the Senate there is authorized for the period lative Reorganization Act of 1946); and gent fund of the Senate; March 1, 2007, through September 30, 2007, in (2) not to exceed $40,000, may be expended (2) to employ personnel; and the aggregate of $55,446,216, for the period for the training of the professional staff of (3) with the prior consent of the Govern- October 1, 2007, through September 30, 2008, such committee (under procedures specified ment department or agency concerned and in the aggregate of $97,164,714, and for the pe- by section 202(j) of that Act). riod October 1, 2008, through February 28, the Committee on Rules and Administration, SEC. 3. COMMITTEE ON ARMED SERVICES. 2009, in the aggregate of $41,263,116, in ac- to use on a reimbursable, or nonreimburs- (a) GENERAL AUTHORITY.—In carrying out cordance with the provisions of this resolu- able, basis the services of personnel of any its powers, duties, and functions under the tion, for standing committees of the Senate, such department or agency. Standing Rules of the Senate, in accordance the Special Committee on Aging, the Select (b) EXPENSES FOR PERIOD ENDING SEP- with its jurisdiction under rule XXV of such Committee on Intelligence, and the Com- TEMBER 30, 2007.—The expenses of the com- rules, including holding hearings, reporting mittee on Indian Affairs. mittee for the period March 1, 2007, through such hearings, and making investigations as (b) AGENCY CONTRIBUTIONS.—There are au- September 30, 2007, under this section shall thorized such sums as may be necessary for authorized by paragraphs 1 and 8 of rule not exceed $3,370,280, of which amount— agency contributions related to the com- XXVI of the Standing Rules of the Senate, (1) not to exceed $12,000, may be expended pensation of employees of the committees the Committee on Armed Services is author- for the procurement of the services of indi- for the period March 1, 2007, through Sep- ized from March 1, 2007, through February 28, vidual consultants, or organizations thereof tember 30, 2007, for the period October 1, 2007, 2009, in its discretion— (as authorized by section 202(i) of the Legis- through September 30, 2008, and for the pe- (1) to make expenditures from the contin- lative Reorganization Act of 1946 (2 U.S.C. riod October 1, 2008, through February 28, gent fund of the Senate; 72a(i))); and 2009, to be paid from the appropriations ac- (2) to employ personnel; and (2) not to exceed $700, may be expended for count for ‘‘Expenses of Inquiries and Inves- (3) with the prior consent of the Govern- the training of the professional staff of such tigations’’ of the Senate. ment department or agency concerned and committee (under procedures specified by SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- the Committee on Rules and Administration, section 202(j) of that Act). TION, AND FORESTRY. to use on a reimbursable, or nonreimburs- (c) EXPENSES FOR FISCAL YEAR 2008 PE- (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any RIOD.—The expenses of the committee for the its powers, duties, and functions under the such department or agency. period October 1, 2007, through September 30, Standing Rules of the Senate, in accordance (b) EXPENSES FOR PERIOD ENDING SEP- 2008, under this section shall not exceed with its jurisdiction under rule XXV of such TEMBER 30, 2007.—The expenses of the com- $5,905,629, of which amount— rules, including holding hearings, reporting mittee for the period March 1, 2007, through (1) not to exceed $20,000, may be expended such hearings, and making investigations as September 30, 2007, under this section shall for the procurement of the services of indi- authorized by paragraphs 1 and 8 of rule not exceed $4,073,254, of which amount— vidual consultants, or organizations thereof XXVI of the Standing Rules of the Senate, (1) not to exceed $75,000, may be expended (as authorized by section 202(i) of the Legis- the Committee on Agriculture, Nutrition, for the procurement of the services of indi- lative Reorganization Act of 1946 (2 U.S.C. and Forestry is authorized from March 1, vidual consultants, or organizations thereof 72a(i))); and 2007, through February 28, 2009, in its discre- (as authorized by section 202(i) of the Legis- (2) not to exceed $1,200, may be expended tion— lative Reorganization Act of 1946 (2 U.S.C. for the training of the professional staff of (1) to make expenditures from the contin- 72a(i))); and such committee (under procedures specified gent fund of the Senate; (2) not to exceed $30,000, may be expended by section 202(j) of that Act). (2) to employ personnel; and for the training of the professional staff of (d) EXPENSES FOR PERIOD ENDING FEBRUARY (3) with the prior consent of the Govern- such committee (under procedures specified 28, 2009.—For the period October 1, 2008, ment department or agency concerned and by section 202(j) of that Act). through February 28, 2009, expenses of the the Committee on Rules and Administration, (c) EXPENSES FOR FISCAL YEAR 2008 PE- committee under this section shall not ex- to use on a reimbursable, or nonreimburs- RIOD.—The expenses of the committee for the ceed $2,507,776, of which amount— able, basis the services of personnel of any period October 1, 2007, through September 30, (1) not to exceed $8,000, may be expended such department or agency. 2008, under this section shall not exceed for the procurement of the services of indi- (b) EXPENSES FOR PERIOD ENDING SEP- $7,139,800, of which amount— vidual consultants, or organizations thereof TEMBER 30, 2007.—The expenses of the com- (1) not to exceed $80,000, may be expended (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2007, through for the procurement of the services of indi- lative Reorganization Act of 1946); and September 30, 2007, under this section shall vidual consultants, or organizations thereof (2) not to exceed $500, may be expended for not exceed $2,204,538, of which amount— (as authorized by section 202(i) of the Legis- the training of the professional staff of such (1) not to exceed $200,000, may be expended lative Reorganization Act of 1946 (2 U.S.C. committee (under procedures specified by for the procurement of the services of indi- 72a(i))); and section 202(j) of that Act).

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00154 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4947 SEC. 5. COMMITTEE ON THE BUDGET. the Committee on Rules and Administration, SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- (a) GENERAL AUTHORITY.—In carrying out to use on a reimbursable, or nonreimburs- LIC WORKS. its powers, duties, and functions under the able, basis the services of personnel of any (a) GENERAL AUTHORITY.—In carrying out Standing Rules of the Senate, in accordance such department or agency. its powers, duties, and functions under the with its jurisdiction under rule XXV of such (b) EXPENSES FOR PERIOD ENDING SEP- Standing Rules of the Senate, in accordance rules, including holding hearings, reporting TEMBER 30, 2007.—The expenses of the com- with its jurisdiction under rule XXV of such such hearings, and making investigations as mittee for the period March 1, 2007, through rules, including holding hearings, reporting authorized by paragraph 1 of rule XXVI of September 30, 2007, under this section shall such hearings, and making investigations as the Standing Rules of the Senate, the Com- not exceed $3,652,467, of which amount— authorized by paragraphs 1 and 8 of rule mittee on the Budget is authorized from (1) not to exceed $50,000, may be expended XXVI of the Standing Rules of the Senate, March 1, 2007, through February 28, 2009, in for the procurement of the services of indi- the Committee on Environment and Public its discretion— vidual consultants, or organizations thereof Works is authorized from March 1, 2007, (1) to make expenditures from the contin- (as authorized by section 202(i) of the Legis- through February 28, 2009, in its discretion— gent fund of the Senate; lative Reorganization Act of 1946 (2 U.S.C. (1) to make expenditures from the contin- (2) to employ personnel; and 72a(i))); and gent fund of the Senate; (3) with the prior consent of the Govern- (2) not to exceed $50,000, may be expended (2) to employ personnel; and ment department or agency concerned and for the training of the professional staff of (3) with the prior consent of the Govern- the Committee on Rules and Administration, such committee (under procedures specified ment department or agency concerned and to use on a reimbursable, or nonreimburs- by section 202(j) of that Act). the Committee on Rules and Administration, able, basis the services of personnel of any (c) EXPENSES FOR FISCAL YEAR 2008 PE- to use on a reimbursable, or nonreimburs- such department or agency. RIOD.—The expenses of the committee for the able, basis the services of personnel of any (b) EXPENSES FOR PERIOD ENDING SEP- period October 1, 2007, through September 30, such department or agency. TEMBER 30, 2007.—The expenses of the com- 2008, under this section shall not exceed (b) EXPENSES FOR PERIOD ENDING SEP- mittee for the period March 1, 2007, through $6,400,560, of which amount— TEMBER 30, 2007.—The expenses of the com- September 30, 2007, under this section shall (1) not to exceed $50,000, may be expended mittee for the period March 1, 2007, through not exceed $3,554,606, of which amount— for the procurement of the services of indi- September 30, 2007, under this section shall (1) not to exceed $35,000, may be expended vidual consultants, or organizations thereof not exceed $2,841,799, of which amount— for the procurement of the services of indi- (as authorized by section 202(i) of the Legis- (1) not to exceed $4,667, may be expended vidual consultants, or organizations thereof lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- (as authorized by section 202(i) of the Legis- 72a(i))); and vidual consultants, or organizations thereof lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $50,000, may be expended (as authorized by section 202(i) of the Legis- 72a(i))); and for the training of the professional staff of lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $70,000, may be expended such committee (under procedures specified 72a(i))); and for the training of the professional staff of by section 202(j) of that Act). (2) not to exceed $1,167, may be expended such committee (under procedures specified (d) EXPENSES FOR PERIOD ENDING FEBRUARY for the training of the professional staff of by section 202(j) of that Act). 28, 2009.—For the period October 1, 2008, such committee (under procedures specified (c) EXPENSES FOR FISCAL YEAR 2008 PE- through February 28, 2009, expenses of the by section 202(j) of that Act). RIOD.—The expenses of the committee for the committee under this section shall not ex- (c) EXPENSES FOR FISCAL YEAR 2008 PE- period October 1, 2007, through September 30, ceed $2,718,112, of which amount— RIOD.—The expenses of the committee for the 2008, under this section shall not exceed (1) not to exceed $50,000, may be expended period October 1, 2007, through September 30, $6,230,828, of which amount— for the procurement of the services of indi- 2008, under this section shall not exceed (1) not to exceed $60,000, may be expended vidual consultants, or organizations thereof $4,978,284, of which amount— for the procurement of the services of indi- (as authorized by section 202(i) of the Legis- (1) not to exceed $8,000, may be expended vidual consultants, or organizations thereof lative Reorganization Act of 1946); and for the procurement of the services of indi- (as authorized by section 202(i) of the Legis- (2) not to exceed $50,000, may be expended vidual consultants, or organizations thereof lative Reorganization Act of 1946 (2 U.S.C. for the training of the professional staff of (as authorized by section 202(i) of the Legis- 72a(i))); and such committee (under procedures specified lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $120,000, may be expended by section 202(j) of that Act). 72a(i))); and for the training of the professional staff of SEC. 7. COMMITTEE ON ENERGY AND NATURAL (2) not to exceed $2,000, may be expended such committee (under procedures specified RESOURCES. for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out by section 202(j) of that Act). such committee (under procedures specified its powers, duties, and functions under the (d) EXPENSES FOR PERIOD ENDING FEBRUARY by section 202(j) of that Act). Standing Rules of the Senate, in accordance 28, 2009.—For the period October 1, 2008, (d) EXPENSES FOR PERIOD ENDING FEBRUARY with its jurisdiction under rule XXV of such through February 28, 2009, expenses of the 28, 2009.—For the period October 1, 2008, rules, including holding hearings, reporting committee under this section shall not ex- through February 28, 2009, expenses of the such hearings, and making investigations as ceed $2,646,665, of which amount— committee under this section shall not ex- authorized by paragraphs 1 and 8 of rule (1) not to exceed $25,000, may be expended ceed $2,113,516, of which amount— XXVI of the Standing Rules of the Senate, for the procurement of the services of indi- (1) not to exceed $3,333, may be expended the Committee on Energy and Natural Re- vidual consultants, or organizations thereof for the procurement of the services of indi- sources is authorized from March 1, 2007, (as authorized by section 202(i) of the Legis- vidual consultants, or organizations thereof through February 28, 2009, in its discretion— lative Reorganization Act of 1946); and (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- (2) not to exceed $50,000, may be expended lative Reorganization Act of 1946); and gent fund of the Senate; for the training of the professional staff of (2) not to exceed $833, may be expended for (2) to employ personnel; and such committee (under procedures specified the training of the professional staff of such (3) with the prior consent of the Govern- by section 202(j) of that Act). committee (under procedures specified by ment department or agency concerned and section 202(j) of that Act). SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, the Committee on Rules and Administration, AND TRANSPORTATION. to use on a reimbursable, or nonreimburs- SEC. 9. COMMITTEE ON FINANCE. (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any (a) GENERAL AUTHORITY.—In carrying out its powers, duties, and functions under the such department or agency. its powers, duties, and functions under the Standing Rules of the Senate, in accordance (b) EXPENSES FOR PERIOD ENDING SEP- Standing Rules of the Senate, in accordance with its jurisdiction under rule XXV of such TEMBER 30, 2007.—The expenses of the com- with its jurisdiction under rule XXV of such rules, including holding hearings, reporting mittee for the period March 1, 2007, through rules, including holding hearings, reporting such hearings, and making investigations as September 30, 2007, under this section shall such hearings, and making investigations as authorized by paragraphs 1 and 8 of rule not exceed $3,083,641. authorized by paragraphs 1 and 8 of rule XXVI of the Standing Rules of the Senate, (c) EXPENSES FOR FISCAL YEAR 2008 PE- XXVI of the Standing Rules of the Senate, the Committee on Commerce, Science, and RIOD.—The expenses of the committee for the the Committee on Finance is authorized Transportation is authorized from March 1, period October 1, 2007, through September 30, from March 1, 2007, through February 28, 2007, through February 28, 2009, in its discre- 2008, under this section shall not exceed 2009, in its discretion— tion— $5,404,061. (1) to make expenditures from the contin- (1) to make expenditures from the contin- (d) EXPENSES FOR PERIOD ENDING FEBRUARY gent fund of the Senate; gent fund of the Senate; 28, 2009.—For the period October 1, 2008, (2) to employ personnel; and (2) to employ personnel; and through February 28, 2009, expenses of the (3) with the prior consent of the Govern- (3) with the prior consent of the Govern- committee under this section shall not ex- ment department or agency concerned and ment department or agency concerned and ceed $2,295,042. the Committee on Rules and Administration,

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00155 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4948 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 to use on a reimbursable, or nonreimburs- period October 1, 2007, through September 30, committee under this section shall not ex- able, basis the services of personnel of any 2008, under this section shall not exceed ceed $4,014,158, of which amount— such department or agency. $5,721,937, of which amount— (1) not to exceed $75,000, may be expended (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $100,000, may be expended for the procurement of the services of indi- TEMBER 30, 2007.—The expenses of the com- for the procurement of the services of indi- vidual consultants, or organizations thereof mittee for the period March 1, 2007, through vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- September 30, 2007, under this section shall (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946); and not exceed $3,970,374, of which amount— lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $20,000, may be expended (1) not to exceed $17,500, may be expended 72a(i))); and for the training of the professional staff of for the procurement of the services of indi- (2) not to exceed $20,000, may be expended such committee (under procedures specified vidual consultants, or organizations thereof for the training of the professional staff of by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- such committee (under procedures specified (e) INVESTIGATIONS.— lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). (1) IN GENERAL.—The committee, or any 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY duly authorized subcommittee of the com- (2) not to exceed $5,833, may be expended 28, 2009.—For the period October 1, 2008, mittee, is authorized to study or inves- for the training of the professional staff of through February 28, 2009, expenses of the tigate— such committee (under procedures specified committee under this section shall not ex- (A) the efficiency and economy of oper- by section 202(j) of that Act). ceed $2,429,876, of which amount— ations of all branches of the Government in- (c) EXPENSES FOR FISCAL YEAR 2008 PE- (1) not to exceed $100,000, may be expended cluding the possible existence of fraud, mis- RIOD.—The expenses of the committee for the for the procurement of the services of indi- feasance, malfeasance, collusion, mis- period October 1, 2007, through September 30, vidual consultants, or organizations thereof management, incompetence, corruption, or 2008, under this section shall not exceed (as authorized by section 202(i) of the Legis- unethical practices, waste, extravagance, $6,956,895, of which amount— lative Reorganization Act of 1946); and conflicts of interest, and the improper ex- (1) not to exceed $30,000, may be expended (2) not to exceed $20,000, may be expended penditure of Government funds in trans- for the procurement of the services of indi- for the training of the professional staff of actions, contracts, and activities of the Gov- vidual consultants, or organizations thereof such committee (under procedures specified ernment or of Government officials and em- (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). ployees and any and all such improper prac- lative Reorganization Act of 1946 (2 U.S.C. SEC. 11. COMMITTEE ON HOMELAND SECURITY tices between Government personnel and 72a(i))); and AND GOVERNMENTAL AFFAIRS. corporations, individuals, companies, or per- (2) not to exceed $10,000, may be expended (a) GENERAL AUTHORITY.—In carrying out sons affiliated therewith, doing business for the training of the professional staff of its powers, duties, and functions under the with the Government; and the compliance or such committee (under procedures specified Standing Rules of the Senate, in accordance noncompliance of such corporations, compa- by section 202(j) of that Act). with its jurisdiction under rule XXV of such nies, or individuals or other entities with the (d) EXPENSES FOR PERIOD ENDING FEBRUARY rules, regulations, and laws governing the 28, 2009.—For the period October 1, 2008, rules and S. Res. 445, agreed to October 9, various governmental agencies and its rela- through February 28, 2009, expenses of the 2004 (108th Congress), including holding hear- committee under this section shall not ex- ings, reporting such hearings, and making tionships with the public; ceed $2,954,095, of which amount— investigations as authorized by paragraphs 1 (B) the extent to which criminal or other (1) not to exceed $12,500, may be expended and 8 of rule XXVI of the Standing Rules of improper practices or activities are, or have for the procurement of the services of indi- the Senate, the Committee on Homeland Se- been, engaged in the field of labor-manage- vidual consultants, or organizations thereof curity and Governmental Affairs is author- ment relations or in groups or organizations (as authorized by section 202(i) of the Legis- ized from March 1, 2007, through February 28, of employees or employers, to the detriment lative Reorganization Act of 1946); and 2009, in its discretion— of interests of the public, employers, or em- (2) not to exceed $4,167, may be expended (1) to make expenditures from the contin- ployees, and to determine whether any for the training of the professional staff of gent fund of the Senate; changes are required in the laws of the such committee (under procedures specified (2) to employ personnel; and United States in order to protect such inter- by section 202(j) of that Act). (3) with the prior consent of the Govern- ests against the occurrence of such practices ment department or agency concerned and or activities; SEC. 10. COMMITTEE ON FOREIGN RELATIONS. the Committee on Rules and Administration, (C) organized criminal activity which may (a) GENERAL AUTHORITY.—In carrying out its powers, duties, and functions under the to use on a reimbursable, or nonreimburs- operate in or otherwise utilize the facilities Standing Rules of the Senate, in accordance able, basis the services of personnel of any of interstate or international commerce in with its jurisdiction under rule XXV of such such department or agency. furtherance of any transactions and the rules, including holding hearings, reporting (b) EXPENSES FOR PERIOD ENDING SEP- manner and extent to which, and the iden- such hearings, and making investigations as TEMBER 30, 2007.—The expenses of the com- tity of the persons, firms, or corporations, or authorized by paragraphs 1 and 8 of rule mittee for the period March 1, 2007, through other entities by whom such utilization is XXVI of the Standing Rules of the Senate, September 30, 2007, under this section shall being made, and further, to study and inves- the Committee on Foreign Relations is au- not exceed $5,393,404, of which amount— tigate the manner in which and the extent to thorized from March 1, 2007, through Feb- (1) not to exceed $75,000, may be expended which persons engaged in organized criminal ruary 28, 2009, in its discretion— for the procurement of the services of indi- activity have infiltrated lawful business en- (1) to make expenditures from the contin- vidual consultants, or organizations thereof terprise, and to study the adequacy of Fed- gent fund of the Senate; (as authorized by section 202(i) of the Legis- eral laws to prevent the operations of orga- (2) to employ personnel; and lative Reorganization Act of 1946 (2 U.S.C. nized crime in interstate or international (3) with the prior consent of the Govern- 72a(i))); and commerce; and to determine whether any ment department or agency concerned and (2) not to exceed $20,000, may be expended changes are required in the laws of the the Committee on Rules and Administration, for the training of the professional staff of United States in order to protect the public to use on a reimbursable, or nonreimburs- such committee (under procedures specified against such practices or activities; able, basis the services of personnel of any by section 202(j) of that Act). (D) all other aspects of crime and lawless- such department or agency. (c) EXPENSES FOR FISCAL YEAR 2008 PE- ness within the United States which have an (b) EXPENSES FOR PERIOD ENDING SEP- RIOD.—The expenses of the committee for the impact upon or affect the national health, TEMBER 30, 2007.—The expenses of the com- period October 1, 2007, through September 30, welfare, and safety; including but not lim- mittee for the period March 1, 2007, through 2008, under this section shall not exceed ited to investment fraud schemes, com- September 30, 2007, under this section shall $9,451,962, of which amount— modity and security fraud, computer fraud, not exceed $3,265,283, of which amount— (1) not to exceed $75,000, may be expended and the use of offshore banking and cor- (1) not to exceed $100,000, may be expended for the procurement of the services of indi- porate facilities to carry out criminal objec- for the procurement of the services of indi- vidual consultants, or organizations thereof tives; vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- (E) the efficiency and economy of oper- (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946 (2 U.S.C. ations of all branches and functions of the lative Reorganization Act of 1946 (2 U.S.C. 72a(i))); and Government with particular reference to— 72a(i))); and (2) not to exceed $20,000, may be expended (i) the effectiveness of present national se- (2) not to exceed $20,000, may be expended for the training of the professional staff of curity methods, staffing, and processes as for the training of the professional staff of such committee (under procedures specified tested against the requirements imposed by such committee (under procedures specified by section 202(j) of that Act). the rapidly mounting complexity of national by section 202(j) of that Act). (d) EXPENSES FOR PERIOD ENDING FEBRUARY security problems; (c) EXPENSES FOR FISCAL YEAR 2008 PE- 28, 2009.—For the period October 1, 2008, (ii) the capacity of present national secu- RIOD.—The expenses of the committee for the through February 28, 2009, expenses of the rity staffing, methods, and processes to

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00156 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4949 make full use of the Nation’s resources of standing committee of the Senate of any authorized by paragraphs 1 and 8 of rule knowledge and talents; power, or the discharge by such committee XXVI of the Standing Rules of the Senate, (iii) the adequacy of present intergovern- of any duty, conferred or imposed upon it by the Committee on the Judiciary is author- mental relations between the United States the Standing Rules of the Senate or by the ized from March 1, 2007, through February 28, and international organizations principally Legislative Reorganization Act of 1946. 2009, in its discretion— concerned with national security of which (5) SUBPOENA AUTHORITY.—All subpoenas (1) to make expenditures from the contin- the United States is a member; and and related legal processes of the committee gent fund of the Senate; (iv) legislative and other proposals to im- and its subcommittee authorized under S. (2) to employ personnel; and prove these methods, processes, and relation- Res. 50, agreed to February 17, 2005 (109th (3) with the prior consent of the Govern- ships; Congress) are authorized to continue. ment department or agency concerned and (F) the efficiency, economy, and effective- SEC. 12. COMMITTEE ON HEALTH, EDUCATION, the Committee on Rules and Administration, ness of all agencies and departments of the LABOR, AND PENSIONS. to use on a reimbursable, or nonreimburs- Government involved in the control and (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any management of energy shortages including, its powers, duties, and functions under the such department or agency. but not limited to, their performance with Standing Rules of the Senate, in accordance (b) EXPENSES FOR PERIOD ENDING SEP- respect to— with its jurisdiction under rule XXV of such TEMBER 30, 2007.—The expenses of the com- (i) the collection and dissemination of ac- rules, including holding hearings, reporting mittee for the period March 1, 2007, through curate statistics on fuel demand and supply; such hearings, and making investigations as September 30, 2007, under this section shall (ii) the implementation of effective energy authorized by paragraphs 1 and 8 of rule not exceed $5,220,177, of which amount— conservation measures; XXVI of the Standing Rules of the Senate, (1) not to exceed $200,000, may be expended (iii) the pricing of energy in all forms; the Committee on Health, Education, Labor, for the procurement of the services of indi- (iv) coordination of energy programs with and Pensions is authorized from March 1, vidual consultants, or organizations thereof State and local government; 2007, through February 28, 2009, in its discre- (as authorized by section 202(i) of the Legis- (v) control of exports of scarce fuels; tion— lative Reorganization Act of 1946 (2 U.S.C. (vi) the management of tax, import, pric- (1) to make expenditures from the contin- 72a(i))); and ing, and other policies affecting energy sup- gent fund of the Senate; (2) not to exceed $20,000, may be expended plies; (2) to employ personnel; and for the training of the professional staff of (vii) maintenance of the independent sec- (3) with the prior consent of the Govern- such committee (under procedures specified tor of the petroleum industry as a strong ment department or agency concerned and by section 202(j) of that Act). competitive force; the Committee on Rules and Administration, (c) EXPENSES FOR FISCAL YEAR 2008 PE- (viii) the allocation of fuels in short supply to use on a reimbursable, or nonreimburs- RIOD.—The expenses of the committee for the period October 1, 2007, through September 30, by public and private entities; able, basis the services of personnel of any 2008, under this section shall not exceed (ix) the management of energy supplies such department or agency. $9,150,340, of which amount— owned or controlled by the Government; (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $200,000, may be expended (x) relations with other oil producing and TEMBER 30, 2007.—The expenses of the com- for the procurement of the services of indi- consuming countries; mittee for the period March 1, 2007, through vidual consultants, or organizations thereof (xi) the monitoring of compliance by gov- September 30, 2007, under this section shall (as authorized by section 202(i) of the Legis- ernments, corporations, or individuals with not exceed $4,794,663, of which amount— lative Reorganization Act of 1946 (2 U.S.C. the laws and regulations governing the allo- (1) not to exceed $75,000, may be expended 72a(i))); and cation, conservation, or pricing of energy for the procurement of the services of indi- (2) not to exceed $20,000, may be expended supplies; and vidual consultants, or organizations thereof for the training of the professional staff of (xii) research into the discovery and devel- (as authorized by section 202(i) of the Legis- such committee (under procedures specified opment of alternative energy supplies; and lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). (G) the efficiency and economy of all 72a(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY branches and functions of Government with (2) not to exceed $25,000, may be expended 28, 2009.—For the period October 1, 2008, particular references to the operations and for the training of the professional staff of through February 28, 2009, expenses of the management of Federal regulatory policies such committee (under procedures specified committee under this section shall not ex- and programs. by section 202(j) of that Act). ceed $3,886,766, of which amount— (c) EXPENSES FOR FISCAL YEAR 2008 PE- (2) EXTENT OF INQUIRIES.—In carrying out (1) not to exceed $200,000, may be expended RIOD.—The expenses of the committee for the the duties provided in paragraph (1), the in- for the procurement of the services of indi- period October 1, 2007, through September 30, quiries of this committee or any sub- vidual consultants, or organizations thereof 2008, under this section shall not exceed committee of the committee shall not be (as authorized by section 202(i) of the Legis- $8,402,456, of which amount— construed to be limited to the records, func- lative Reorganization Act of 1946); and (1) not to exceed $75,000, may be expended tions, and operations of any particular (2) not to exceed $20,000, may be expended for the procurement of the services of indi- branch of the Government and may extend for the training of the professional staff of vidual consultants, or organizations thereof to the records and activities of any persons, such committee (under procedures specified (as authorized by section 202(i) of the Legis- corporation, or other entity. by section 202(j) of that Act). (3) SPECIAL COMMITTEE AUTHORITY.—For lative Reorganization Act of 1946 (2 U.S.C. SEC. 14. COMMITTEE ON RULES AND ADMINIS- the purposes of this subsection, the com- 72a(i))); and TRATION. (2) not to exceed $25,000, may be expended mittee, or any duly authorized sub- (a) GENERAL AUTHORITY.—In carrying out committee of the committee, or its chair- for the training of the professional staff of its powers, duties, and functions under the man, or any other member of the committee such committee (under procedures specified Standing Rules of the Senate, in accordance or subcommittee designated by the chair- by section 202(j) of that Act). with its jurisdiction under rule XXV of such man, from March 1, 2007, through February (d) EXPENSES FOR PERIOD ENDING FEBRUARY rules, including holding hearings, reporting 28, 2009, is authorized, in its, his, or their dis- 28, 2009.—For the period October 1, 2008, such hearings, and making investigations as cretion— through February 28, 2009, expenses of the authorized by paragraphs 1 and 8 of rule (A) to require by subpoena or otherwise the committee under this section shall not ex- XXVI of the Standing Rules of the Senate, attendance of witnesses and production of ceed $3,568,366, of which amount— the Committee on Rules and Administration correspondence, books, papers, and docu- (1) not to exceed $75,000, may be expended is authorized from March 1, 2007, through ments; for the procurement of the services of indi- February 28, 2009, in its discretion— (B) to hold hearings; vidual consultants, or organizations thereof (1) to make expenditures from the contin- (C) to sit and act at any time or place dur- (as authorized by section 202(i) of the Legis- gent fund of the Senate; ing the sessions, recess, and adjournment pe- lative Reorganization Act of 1946); and (2) to employ personnel; and riods of the Senate; (2) not to exceed $25,000, may be expended (3) with the prior consent of the Govern- (D) to administer oaths; and for the training of the professional staff of ment department or agency concerned and (E) to take testimony, either orally or by such committee (under procedures specified the Committee on Rules and Administration, sworn statement, or, in the case of staff by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- members of the Committee and the Perma- SEC. 13. COMMITTEE ON THE JUDICIARY. able, basis the services of personnel of any nent Subcommittee on Investigations, by (a) GENERAL AUTHORITY.—In carrying out such department or agency. deposition in accordance with the Com- its powers, duties, and functions under the (b) EXPENSES FOR PERIOD ENDING SEP- mittee Rules of Procedure. Standing Rules of the Senate, in accordance TEMBER 30, 2007.—The expenses of the com- (4) AUTHORITY OF OTHER COMMITTEES.— with its jurisdiction under rule XXV of such mittee for the period March 1, 2007, through Nothing contained in this subsection shall rules, including holding hearings, reporting September 30, 2007, under this section shall affect or impair the exercise of any other such hearings, and making investigations as not exceed $1,461,012, of which amount—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00157 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4950 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 (1) not to exceed $30,000, may be expended (as authorized by section 202(i) of the Legis- such committee (under procedures specified for the procurement of the services of indi- lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). vidual consultants, or organizations thereof 72a(i))); and SEC. 17. SPECIAL COMMITTEE ON AGING. (as authorized by section 202(i) of the Legis- (2) not to exceed $10,000, may be expended (a) GENERAL AUTHORITY.—In carrying out lative Reorganization Act of 1946 (2 U.S.C. for the training of the professional staff of its powers, duties, and functions imposed by 72a(i))); and such committee (under procedures specified section 104 of S. Res. 4, agreed to February 4, (2) not to exceed $6,000, may be expended by section 202(j) of that Act). 1977 (Ninety-fifth Congress), and in exer- for the training of the professional staff of (d) EXPENSES FOR PERIOD ENDING FEBRUARY cising the authority conferred on it by such such committee (under procedures specified 28, 2009.—For the period October 1, 2008, section, the Special Committee on Aging is by section 202(j) of that Act). through February 28, 2009, expenses of the authorized from March 1, 2007, through Feb- (c) EXPENSES FOR FISCAL YEAR 2008 PE- committee under this section shall not ex- ruary 28, 2009, in its discretion— RIOD.—The expenses of the committee for the ceed $1,021,186, of which amount— (1) to make expenditures from the contin- period October 1, 2007, through September 30, (1) not to exceed $25,000, may be expended gent fund of the Senate; 2008, under this section shall not exceed for the procurement of the services of indi- (2) to employ personnel; and $2,561,183, of which amount— vidual consultants, or organizations thereof (3) with the prior consent of the Govern- (1) not to exceed $50,000, may be expended (as authorized by section 202(i) of the Legis- ment department or agency concerned and for the procurement of the services of indi- lative Reorganization Act of 1946); and the Committee on Rules and Administration, vidual consultants, or organizations thereof (2) not to exceed $10,000, may be expended to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- for the training of the professional staff of able, basis the services of personnel of any lative Reorganization Act of 1946 (2 U.S.C. such committee (under procedures specified such department or agency. 72a(i))); and by section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- (2) not to exceed $10,000, may be expended SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. TEMBER 30, 2007.—The expenses of the com- for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out mittee for the period March 1, 2007, through such committee (under procedures specified its powers, duties, and functions under the September 30, 2007, under this section shall by section 202(j) of that Act). Standing Rules of the Senate, in accordance not exceed $1,524,019, of which amount— (d) EXPENSES FOR PERIOD ENDING FEBRUARY with its jurisdiction under rule XXV of such (1) not to exceed $117,000, may be expended 28, 2009.—For the period October 1, 2008, rules, including holding hearings, reporting for the procurement of the services of indi- through February 28, 2009, expenses of the such hearings, and making investigations as vidual consultants, or organizations thereof committee under this section shall not ex- authorized by paragraphs 1 and 8 of rule (as authorized by section 202(i) of the Legis- ceed $1,087,981, of which amount— XXVI of the Standing Rules of the Senate, lative Reorganization Act of 1946); and (1) not to exceed $21,000, may be expended the Committee on Veterans’ Affairs is au- (2) not to exceed $5,000, may be expended for the procurement of the services of indi- thorized from March 1, 2007, through Feb- for the training of the professional staff of vidual consultants, or organizations thereof ruary 28, 2009, in its discretion— such committee (under procedures specified (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- by section 202(j) of that Act). lative Reorganization Act of 1946); and gent fund of the Senate; (c) EXPENSES FOR FISCAL YEAR 2008 PE- (2) not to exceed $4,200, may be expended (2) to employ personnel; and RIOD.—The expenses of the committee for the for the training of the professional staff of (3) with the prior consent of the Govern- period October 1, 2007, through September 30, such committee (under procedures specified ment department or agency concerned and 2008, under this section shall not exceed by section 202(j) of that Act). the Committee on Rules and Administration, $2,670,342, of which amount— SEC. 15. COMMITTEE ON SMALL BUSINESS AND to use on a reimbursable, or nonreimburs- (1) not to exceed $200,000, may be expended ENTREPRENEURSHIP. able, basis the services of personnel of any for the procurement of the services of indi- (a) GENERAL AUTHORITY.—In carrying out such department or agency. vidual consultants, or organizations thereof its powers, duties, and functions under the (b) EXPENSES FOR PERIOD ENDING SEP- (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, in accordance TEMBER 30, 2007.—The expenses of the com- lative Reorganization Act of 1946); and with its jurisdiction under rule XXV of such mittee for the period March 1, 2007, through (2) not to exceed $5,000, may be expended rules, including holding hearings, reporting September 30, 2007, under this section shall for the training of the professional staff of such hearings, and making investigations as not exceed $1,259,442, of which amount— such committee (under procedures specified authorized by paragraphs 1 and 8 of rule (1) not to exceed $59,000, may be expended by section 202(j) of that Act). XXVI of the Standing Rules of the Senate, for the procurement of the services of indi- (d) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Small Business and Entre- vidual consultants, or organizations thereof 28, 2009.—For the period October 1, 2008, preneurship is authorized from March 1, 2007, (as authorized by section 202(i) of the Legis- through February 28, 2009, expenses of the through February 28, 2009, in its discretion— lative Reorganization Act of 1946 (2 U.S.C. committee under this section shall not ex- (1) to make expenditures from the contin- 72a(i))); and ceed $1,133,885, of which amount— gent fund of the Senate; (2) not to exceed $12,000, may be expended (1) not to exceed $85,000, may be expended (2) to employ personnel; and for the training of the professional staff of for the procurement of the services of indi- (3) with the prior consent of the Govern- such committee (under procedures specified vidual consultants, or organizations thereof ment department or agency concerned and by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, (c) EXPENSES FOR FISCAL YEAR 2008 PE- lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- RIOD.—The expenses of the committee for the (2) not to exceed $5,000, may be expended able, basis the services of personnel of any period October 1, 2007, through September 30, for the training of the professional staff of such department or agency. 2008, under this section shall not exceed such committee (under procedures specified (b) EXPENSES FOR PERIOD ENDING SEP- $2,207,230, of which amount— by section 202(j) of that Act). TEMBER 30, 2007.—The expenses of the com- (1) not to exceed $100,000, may be expended SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. mittee for the period March 1, 2007, through for the procurement of the services of indi- (a) GENERAL AUTHORITY.—In carrying out September 30, 2007, under this section shall vidual consultants, or organizations thereof its powers, duties, and functions under S. not exceed $1,373,063, of which amount— (as authorized by section 202(i) of the Legis- Res. 400, agreed to May 19, 1976 (94th Con- (1) not to exceed $25,000, may be expended lative Reorganization Act of 1946 (2 U.S.C. gress), as amended by S. Res. 445, agreed to for the procurement of the services of indi- 72a(i))); and October 9, 2004 (108th Congress), in accord- vidual consultants, or organizations thereof (2) not to exceed $20,000, may be expended ance with its jurisdiction under sections 3(a) (as authorized by section 202(i) of the Legis- for the training of the professional staff of and 17 of such S. Res. 400, including holding lative Reorganization Act of 1946 (2 U.S.C. such committee (under procedures specified hearings, reporting such hearings, and mak- 72a(i))); and by section 202(j) of that Act). ing investigations as authorized by section 5 (2) not to exceed $10,000, may be expended (d) EXPENSES FOR PERIOD ENDING FEBRUARY of such S. Res. 400, the Select Committee on for the training of the professional staff of 28, 2009.—For the period October 1, 2008, Intelligence is authorized from March 1, 2007, such committee (under procedures specified through February 28, 2009, expenses of the through February 28, 2009, in its discretion— by section 202(j) of that Act). committee under this section shall not ex- (1) to make expenditures from the contin- (c) EXPENSES FOR FISCAL YEAR 2008 PE- ceed $937,409, of which amount— gent fund of the Senate; RIOD.—The expenses of the committee for the (1) not to exceed $42,000, may be expended (2) to employ personnel; and period October 1, 2007, through September 30, for the procurement of the services of indi- (3) with the prior consent of the Govern- 2008, under this section shall not exceed vidual consultants, or organizations thereof ment department or agency concerned and $2,405,349, of which amount— (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, (1) not to exceed $25,000, may be expended lative Reorganization Act of 1946); and to use on a reimbursable, or nonreimburs- for the procurement of the services of indi- (2) not to exceed $8,334, may be expended able, basis the services of personnel of any vidual consultants, or organizations thereof for the training of the professional staff of such department or agency.

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(b) EXPENSES FOR PERIOD ENDING SEP- vidual consultants, or organizations thereof Whereas the Senate Youth Program alum- TEMBER 30, 2007.—The expenses of the com- (as authorized by section 202(i) of the Legis- ni have demonstrated excellent qualities of mittee for the period March 1, 2007, through lative Reorganization Act of 1946); and citizenship and have contributed to the Na- September 30, 2007, under this section shall (2) not to exceed $20,000, may be expended tion’s constitutional democracy, both profes- not exceed $3,220,932, of which amount— for training consultants of the professional sionally and in volunteer capacities, and (1) not to exceed $32,083, may be expended staff of such committee (under procedures have made an indelible impression on their for the procurement of the services of indi- specified by section 202(j) of that Act). communities; vidual consultants, or organizations thereof (d) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas each State department of edu- (as authorized by section 202(i) of the Legis- 28, 2009.—For the period October 1, 2008, cation has selected outstanding participants lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2009, expenses of the for the Senate Youth Program; 72a(i))); and committee under this section shall not ex- Whereas the Department of Defense, De- (2) not to exceed $5,834, may be expended ceed $879,131, of which amount— partment of State, and other Federal depart- (1) not to exceed $20,000, may be expended for the training of the professional staff of ments, as well as Congress, have offered sup- for the procurement of the services of indi- such committee (under procedures specified port and provided top level speakers who vidual consultants, or organizations thereof by section 202(j) of that Act). have inspired and educated the students in (as authorized by section 202(i) of the Legis- (c) EXPENSES FOR FISCAL YEAR 2008 PE- the Senate Youth Program; and RIOD.—The expenses of the committee for the lative Reorganization Act of 1946); and Whereas the directors of the William Ran- period October 1, 2007, through September 30, (2) not to exceed $20,000, may be expended dolph Hearst Foundation have continually 2008, under this section shall not exceed for training consultants of the professional made the Senate Youth Program available $5,643,433, of which amount— staff of such committee (under procedures (1) not to exceed $55,000, may be expended specified by section 202(j) of that Act). for outstanding young students and exposed them to the varied aspects of public service: for the procurement of the services of indi- SEC. 20. SPECIAL RESERVE. Now, therefore, be it vidual consultants, or organizations thereof (a) ESTABLISHMENT.—Within the funds in (as authorized by section 202(i) of the Legis- the account ‘‘Expenses of Inquiries and In- Resolved, That the Senate congratulates, lative Reorganization Act of 1946 (2 U.S.C. vestigations’’ appropriated by the legislative honors, and pays tribute to the more than 72a(i))); and branch appropriation Acts for fiscal years 4,500 exemplary students who have been se- (2) not to exceed $10,000, may be expended 2007, 2008, and 2009, there is authorized to be lected, on their merit, to participate in the for the training of the professional staff of established a special reserve to be available United States Senate Youth Program be- such committee (under procedures specified to any committee funded by this resolution by section 202(j) of that Act). as provided in subsection (b) of which— tween 1962 and 2007. (d) EXPENSES FOR PERIOD ENDING FEBRUARY (1) an amount not to exceed $4,375,000, shall 28, 2009.—For the period October 1, 2008, be available for the period March 1, 2007, f through February 28, 2009, expenses of the through September 30, 2007; and committee under this section shall not ex- (2) an amount not to exceed $7,500,000, shall ceed $2,396,252, of which amount— be available for the period October 1, 2007, SENATE RESOLUTION 91—DESIG- (1) not to exceed $22,917, may be expended through September 30, 2008; and NATING MARCH 2, 2007, AS ‘‘READ for the procurement of the services of indi- (3) an amount not to exceed $3,125,000, shall ACROSS AMERICA DAY’’ vidual consultants, or organizations thereof be available for the period October 1, 2008, (as authorized by section 202(i) of the Legis- through February 28, 2009. Mr. REED (for himself and Ms. COL- lative Reorganization Act of 1946); and (b) AVAILABILITY.—The special reserve au- LINS) submitted the following resolu- (2) not to exceed $4,166, may be expended thorized in subsection (a) shall be available for the training of the professional staff of to any committee— tion; which was considered and agreed such committee (under procedures specified (1) on the basis of special need to meet un- to: by section 202(j) of that Act). paid obligations incurred by that committee S. RES. 91 SEC. 19. COMMITTEE ON INDIAN AFFAIRS. during the periods referred to in paragraphs (a) GENERAL AUTHORITY.—In carrying out (1), (2), and (3) of subsection (a); and Whereas reading is a basic requirement for its powers, duties, and functions imposed by (2) at the request of a Chairman and Rank- quality education and professional success, section 105 of S. Res. 4, agreed to February 4, ing Member of that committee subject to the and is a source of pleasure throughout life; 1977 (95th Congress), and in exercising the approval of the Chairman and Ranking Mem- Whereas the people of the United States authority conferred on it by that section, ber of the Committee on Rules and Adminis- must be able to read if the United States is the Committee on Indian Affairs is author- tration. to remain competitive in the global econ- omy; ized from March 1, 2007, through February 28, f 2009, in its discretion— Whereas Congress, through the No Child (1) to make expenditures from the contin- SENATE RESOLUTION 90—COM- Left Behind Act of 2001 (Public Law 107–110) gent fund of the Senate; MENDING STUDENTS WHO PAR- and the Reading First, Early Reading First, (2) to employ personnel; and TICIPATED IN THE UNITED and Improving Literacy Through School Li- (3) with the prior consent of the Govern- STATES SENATE YOUTH PRO- braries programs, has placed great emphasis ment department or agency concerned and on reading intervention and providing addi- GRAM BETWEEN 1962 AND 2007 the Committee on Rules and Administration, tional resources for reading assistance; and to use on a reimbursable, or nonreimburs- Ms. COLLINS (for herself, Mr. Whereas more than 50 national organiza- able, basis the services of personnel of any OBAMA, Mr. DOMENICI, Mr. THOMAS, and tions concerned about reading and education such department or agency. Mr. COCHRAN) submitted the following have joined with the National Education As- (b) EXPENSES FOR PERIOD ENDING SEP- resolution; which was considered and sociation to use March 2, the anniversary of TEMBER 30, 2007.—The expenses of the com- agreed to: the birth of Theodor Geisel, also known as mittee for the period March 1, 2007, through Dr. Seuss, to celebrate reading: Now, there- S. RES. 90 September 30, 2007, under this section shall fore, be it not exceed $1,183,262, of which amount— Whereas the students who have partici- (1) not to exceed $20,000, may be expended pated in the United States Senate Youth Resolved, That the Senate— for the procurement of the services of indi- Program (referred to in this preamble as the (1) designates March 2, 2007, as ‘‘Read vidual consultants, or organizations thereof ‘‘Senate Youth Program’’) over the past 45 Across America Day’’; (as authorized by section 202(i) of the Legis- years were chosen for their exceptional (2) honors Theodor Geisel, also known as lative Reorganization Act of 1946); and merit and interest in the political process; Dr. Seuss, for his success in encouraging (2) not to exceed $20,000, may be expended Whereas the students demonstrated out- children to discover the joy of reading; for training consultants of the professional standing leadership abilities and a strong (3) honors the 10th anniversary of Read staff of such committee (under procedures commitment to community service and have Across America Day; specified by section 202(j) of that Act). ranked academically in the top 1 percent of (4) encourages parents to read with their (c) EXPENSES FOR FISCAL YEAR 2008 PE- their States; children for at least 30 minutes on Read RIOD.—The expenses of the committee for the Whereas the Senate Youth Program alum- Across America Day in honor of the commit- period October 1, 2007, through September 30, ni have continued to achieve unparalleled ment of the Senate to building a nation of 2008, under this section shall not exceed educational and professional success and readers; and $2,071,712, of which amount— have demonstrated a strong commitment to (5) encourages the people of the United (1) not to exceed $20,000, may be expended public service on the local, State, national, States to observe the day with appropriate for the procurement of the services of indi- and global levels; ceremonies and activities.

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And, together 85TH ANNIVERSARY OF THE Whereas AHEPA financially supports with three affiliated organizations—the FOUNDING OF THE AMERICAN scholarships, educational chairs, medical re- Daughters of Penelope, the Sons of search, and countless other charitable and HELLENIC EDUCATIONAL PRO- philanthropic causes by contributing more Pericles and the Maids of Athena— GRESSIVE ASSOCIATION, A than $2,000,000 annually from its national, AHEPA has contributed to over a bil- LEADING ASSOCIATION FOR THE district, and local levels collectively; lion dollars in funding for youth- and 1,300,000 UNITED STATES CITI- Whereas, in the spirit of their Hellenic her- family-focused projects across the ZENS OF GREEK ANCESTRY AND itage and in commemoration of the Centen- country. PHILHELLENES IN THE UNITED nial Olympic Games held in Atlanta, Geor- As the first Greek-American woman STATES gia, members of AHEPA raised $775,000 for elected to both the House and Senate, the Tribute to Olympism Sculpture, the fan- I am often reminded that the connec- Ms. SNOWE (for herself and Mr. like structure of which helped to save lives MENENDEZ) submitted the following during the bombing at Centennial Olympic tion between the U.S. Congress and the concurrent resolution; which was re- Park; Greek people is not limited to the ferred to the Committee on the Judici- Whereas members of AHEPA have been Greek Americans who have served as ary: Presidents and Vice Presidents of the United members, or the foreign policy issues S. CON. RES. 14 States, United States Senators and Rep- debated in its halls. Rather, the very Whereas the American Hellenic Edu- resentatives, and United States Ambas- inspiration for the Congress as a legis- cational Progressive Association (AHEPA) sadors, and have served honorably as elected lative body are the democratic cham- was founded on July 26, 1922, in Atlanta, officials at the local and State levels bers of ancient Greece. Georgia, by 8 visionary Greek immigrants to throughout the United States; and The myriad ties between our two Whereas President George H.W. Bush cited help unify, organize, and protect against the countries—be they cultural, economic bigotry, discrimination, and defamation AHEPA as one of the ‘‘thousand points of light’’: Now, therefore, be it or geopolitical—comprise a bond that faced by people of all ethnic, racial, and reli- can and should only strengthen. gious backgrounds perpetrated predomi- Resolved by the Senate (the House of Rep- nantly by the Ku Klux Klan; resentatives concurring), That the Congress— AHEPA’s long record of service to Whereas the mission of AHEPA is to pro- (1) recognizes the significant contributions Greek-Americans and their country- mote the ideals of ancient Greece, which in- of United States citizens of Hellenic heritage men are both a testament and critical clude philanthropy, education, civic respon- to the United States; component of that historical bond. It is sibility, and family and individual excellence (2) commemorates the 85th anniversary of accordingly an honor and a pleasure to through community service and vol- the founding of the American Hellenic Edu- cational Progressive Association (AHEPA), submit this concurrent resolution rec- unteerism; ognizing the accomplishments of Whereas, since its inception, AHEPA has applauds its mission, and commends the instilled in its members an understanding of many charitable contributions of its mem- AHEPA’s first 85 years. May there be their Hellenic heritage and an awareness of bers to communities around the world; and many, many more. the contributions made by Greece to the de- (3) encourages the people of the United f velopment of democratic principles and gov- States to observe the 85th anniversary of the ernance in the United States and throughout founding of AHEPA and celebrate its many AMENDMENTS SUBMITTED AND the world; accomplishments. PROPOSED Whereas AHEPA has done much through- Ms. SNOWE. Mr. President, this year SA 271. Mrs. FEINSTEIN submitted an out its history to foster patriotism in the marks the 85th anniversary of the amendment intended to be proposed to United States; founding of the American Hellenic amendment SA 275 proposed by Mr. REID (for Whereas members of AHEPA have served himself, Mr. LIEBERMAN, and Ms. COLLINS) to in the Armed Forces to protect the freedom Educational Progressive Association, AHEPA. I rise today to submit with my the bill S. 4, to make the United States more of the United States and to preserve the secure by implementing unfinished rec- democratic ideals that are part of the Hel- colleague, Senator MENENDEZ, a con- ommendations of the 9/11 Commission to lenic legacy; current resolution honoring AHEPA’s fight the war on terror more effectively, to Whereas, in World War II, members of history of service, not only to Ameri- improve homeland security, and for other AHEPA were parachuted behind enemy lines cans of Greek descent, but to Ameri- purposes. in Nazi-occupied Greece to help liberate the cans of all backgrounds and to the SA 272. Mr. ALLARD submitted an amend- country; ment intended to be proposed by him to the Whereas AHEPA raised more than United States itself. AHEPA was founded in 1922 to com- bill S. 4, supra; which was ordered to lie on $253,000,000 for United States war bonds dur- the table. ing World War II, for which AHEPA was bat the bigotry encountered by Greek SA 273. Mr. ALLARD (for himself and Mr. named an official Issuing Agent for United immigrants to this country, and to as- SALAZAR) submitted an amendment intended States War Bonds by the Department of sist these new Americans with building to be proposed by him to the bill S. 4, supra; Treasury, an honor that no other civic orga- and protecting their livelihoods in our which was ordered to lie on the table. nization was able to achieve at the time; great Nation. Eighty-five years later— SA 274. Mr. ALLARD submitted an amend- Whereas the members of AHEPA donated decades in which generations of Greek- ment intended to be proposed by him to the $612,000 for the restoration of the Statue of bill S. 4, supra; which was ordered to lie on Liberty and Ellis Island, New York, for Americans worked tirelessly in com- merce and fought patriotically on the the table. which AHEPA received special recognition SA 275. Mr. REID (for himself, Mr. LIEBER- by the Department of the Interior; battlefield to make the United States MAN, and Ms. COLLINS) proposed an amend- Whereas the AHEPA National Housing the prosperous and peaceful land it is ment to the bill S. 4, supra. Program was awarded $500,000,000 by the De- today—AHEPA continues its mission SA 276. Mrs. FEINSTEIN (for herself, Mr. partment of Housing and Urban Development to promote the shared Hellenic and CORNYN, Mr. LAUTENBERG, Mrs. BOXER, Mrs. for its Section 202 Program, which has yield- American values of education, philan- HUTCHISON, Mr. SCHUMER, Mrs. CLINTON, Mr. ed 4,370 units in 80 properties across 21 States thropy, civic responsibility, and family OBAMA, Mr. MENENDEZ, Mr. CASEY, and Mr. and 49 cities and has provided dignified, af- and individual excellence. KERRY) submitted an amendment intended fordable housing to senior citizens; to be proposed to amendment SA 275 pro- Whereas AHEPA was recognized by the De- This is more than a mission state- posed by Mr. REID (for himself, Mr. LIEBER- partment of State as an organization that ment, it is a commitment to action MAN, and Ms. COLLINS) to the bill S. 4, supra; has engaged in ‘‘Track Two Diplomacy’’ to that has been fulfilled time and again. which was ordered to lie on the table. foster reconciliation and rapprochement in AHEPA today awards more than half a SA 277. Ms. COLLINS (for herself, Mr. the Eastern Mediterranean, which is in the million dollars in academic scholar- ALEXANDER, Mr. CARPER, Ms. SNOWE, Ms. best interest of the United States; ships annually. Its philanthropic ef- CANTWELL, Ms. MIKULSKI, Mr. CHAMBLISS, Whereas members of AHEPA raised $110,000 forts have contributed to the restora- and Ms. MURKOWSKI) proposed an amendment for the George C. Marshall Statue to be to amendment SA 275 proposed by Mr. REID tion of the Statue of Liberty and Ellis erected on the grounds of the United States (for himself, Mr. LIEBERMAN, and Ms. COL- Embassy in Athens, Greece, in celebration of Island. It has enhanced the civic par- LINS) to the bill S. 4, supra. the historic relationship between the United ticipation of its members and other SA 278. Mrs. CLINTON (for herself and Mr. States and Greece, and in tribute to an out- U.S. citizens through seminars and SCHUMER) submitted an amendment intended

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to be proposed to amendment SA 275 pro- ‘‘(B) WAIVER.—After certification by the ‘‘(C) the standards of passports and travel posed by Mr. REID (for himself, Mr. LIEBER- Secretary under subparagraph (A), the Sec- documents issued by the country; and MAN, and Ms. COLLINS) to the bill S. 4, supra; retary of Homeland Security, in consultation ‘‘(D) other security-related factors.’’. which was ordered to lie on the table. with the Secretary of State, may waive the SA 279. Mr. DEMINT proposed an amend- application of paragraph (2)(A) for a coun- SA 272. Mr. ALLARD submitted an ment to amendment SA 275 proposed by Mr. try— amendment intended to be proposed by REID (for himself, Mr. LIEBERMAN, and Ms. ‘‘(i) if the country meets all security re- him to the bill S. 4, to make the United COLLINS) to the bill S. 4, supra. quirements of this section; States more secure by implementing SA 280. Mr. SALAZAR (for himself, Mr. ‘‘(ii) if the Secretary of Homeland Security unfinished recommendations of the 9/11 CHAMBLISS, Mr. ISAKSON, and Mr. PRYOR) determines that the totality of the country’s Commission to fight the war on terror submitted an amendment intended to be pro- security risk mitigation measures provide posed to amendment SA 275 proposed by Mr. assurance that the country’s participation in more effectively, to improve homeland REID (for himself, Mr. LIEBERMAN, and Ms. the program would not compromise the law security, and for other purposes; which COLLINS) to the bill S. 4, supra; which was or- enforcement, security interests, or enforce- was ordered to lie on the table; as fol- dered to lie on the table. ment of the immigration laws of the United lows: SA 281. Mr. BINGAMAN (for himself and States; At the appropriate place, insert the fol- Mr. DOMENICI) submitted an amendment in- ‘‘(iii) if there has been a sustained reduc- lowing: tended to be proposed to amendment SA 275 tion in the rate of refusals for nonimmigrant SEC. ll. SHARING OF SOCIAL SECURITY DATA proposed by Mr. REID (for himself, Mr. LIE- visitor visas for nationals of the country and FOR IMMIGRATION ENFORCEMENT BERMAN, and Ms. COLLINS) to the bill S. 4, conditions exist to continue such reduction; PURPOSES. supra. ‘‘(iv) the country cooperated with the Gov- (a) SOCIAL SECURITY ACCOUNT NUMBERS.— SA 282. Mr. BINGAMAN submitted an ernment of the United States on counterter- Section 264(f) of the Immigration and Na- amendment intended to be proposed to rorism initiatives and information sharing tionality Act (8 U.S.C. 1304(f)) is amended to amendment SA 275 proposed by Mr. REID (for before the date of its designation as a pro- read as follows: himself, Mr. LIEBERMAN, and Ms. COLLINS) to gram country, and the Secretary of Home- ‘‘(f) Notwithstanding any other provision the bill S. 4, supra; which was ordered to lie land Security and the Secretary of State ex- of law (including section 6103 of the Internal on the table. pect such cooperation will continue; and Revenue Code of 1986), the Secretary of SA 283. Mr. BINGAMAN submitted an ‘‘(v)(I) if the rate of refusals for non- Homeland Security, the Secretary of Labor, amendment intended to be proposed to immigrant visitor visas for nationals of the and the Attorney General are authorized to amendment SA 275 proposed by Mr. REID (for country during the previous full fiscal year require an individual to provide the individ- himself, Mr. LIEBERMAN, and Ms. COLLINS) to was not more than 10 percent; or ual’s social security account number for pur- the bill S. 4, supra; which was ordered to lie ‘‘(II) if the visa overstay rate for the coun- poses of inclusion in any record of the indi- on the table. try for the previous full fiscal year does not vidual maintained by either such Secretary SA 284. Mr. REID (for Mr. BIDEN) sub- exceed the maximum visa overstay rate, or the Attorney General, or of inclusion in mitted an amendment intended to be pro- once it is established under subparagraph any application, document, or form provided posed to amendment SA 275 proposed by Mr. (C). under or required by the immigration laws.’’. (b) EXCHANGE OF INFORMATION.—Section REID (for himself, Mr. LIEBERMAN, and Ms. ‘‘(C) MAXIMUM VISA OVERSTAY RATE.— 290(c) of the Immigration and Nationality COLLINS) to the bill S. 4, supra; which was or- ‘‘(i) REQUIREMENT TO ESTABLISH.—After dered to lie on the table. certification by the Secretary under sub- Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) and inserting the following SA 285. Mr. INOUYE (for himself, Mr. STE- paragraph (A), the Secretary of Homeland new paragraphs: VENS, Mr. LIEBERMAN, and Mrs. MURRAY) pro- Security and the Secretary of State jointly ‘‘(2)(A) Notwithstanding any other provi- posed an amendment to amendment SA 275 shall use information from the air exit sys- sion of law (including section 6103 of the In- proposed by Mr. REID (for himself, Mr. LIE- tem referred to in subparagraph (A) to estab- ternal Revenue Code of 1986), if earnings are BERMAN, and Ms. COLLINS) to the bill S. 4, lish a maximum visa overstay rate for coun- reported on or after January 1, 1997, to the supra. tries participating in the program pursuant Social Security Administration on a social SA 286. Mr. SPECTER (for himself, Mr. to a waiver under subparagraph (B). security account number issued to an alien LEAHY, and Mr. DODD) submitted an amend- ‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this not authorized to work in the United States, ment intended to be proposed by him to the paragraph the term ‘visa overstay rate’ the Commissioner of Social Security shall bill S. 4, supra; which was ordered to lie on means, with respect to a country, the ratio provide the Secretary of Homeland Security the table. of— with information regarding the name, date SA 287. Mr. ALLARD submitted an amend- ‘‘(I) the total number of nationals of that of birth, and address of the alien, the name ment intended to be proposed by him to the country who were admitted to the United and address of the person reporting the earn- bill S. 4, supra; which was ordered to lie on States on the basis of a nonimmigrant vis- ings, and the amount of the earnings. the table. itor visa for which the period of stay author- ‘‘(B) The information described in subpara- f ized by such visa ended during a fiscal year graph (A) shall be provided in an electronic and who remained in the United States un- TEXT OF AMENDMENTS form agreed upon by the Commissioner and lawfully beyond the such period of stay; to the Secretary. SA 271. Mrs. FEINSTEIN submitted ‘‘(II) the total number of nationals of that ‘‘(3)(A) Notwithstanding any other provi- an amendment intended to be proposed country who were admitted to the United sion of law (including section 6103 of the In- States on the basis of a nonimmigrant vis- to amendment SA 275 proposed by Mr. ternal Revenue Code of 1986), if a social secu- itor visa for which the period of stay author- rity account number was used with multiple REID (for himself, Mr. LIEBERMAN, and ized by such visa ended during such fiscal names, the Commissioner of Social Security Ms. COLLINS) to the bill S. 4, to make year. shall provide the Secretary of Homeland Se- the United States more secure by im- ‘‘(iii) REPORT AND PUBLICATION.—Secretary curity with information regarding the name, plementing unfinished recommenda- of Homeland Security shall submit to Con- date of birth, and address of each individual tions of the 9/11 Commission to fight gress and publish in the Federal Register a who used that social security account num- the war on terror more effectively, to notice of the maximum visa overstay rate ber, and the name and address of the person proposed to be established under clause (i). reporting the earnings for each individual improve homeland security, and for Not less than 60 days after the date such no- other purposes; as follows: who used that social security account num- tice is submitted and published, the Sec- ber. Strike subsection (c) of section 401 and in- retary shall issue a final maximum visa ‘‘(B) The information described in subpara- sert the following: overstay rate. graph (A) shall be provided in an electronic (c) DISCRETIONARY VISA WAIVER PROGRAM ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- form agreed upon by the Commissioner and EXPANSION.—Section 217(c) of the Immigra- SIDERATIONS.—In determining whether to the Secretary for the sole purpose of enforc- tion and Nationality Act (8 U.S.C. 1187(c)) is waive the application of paragraph (2)(A) for ing the immigration laws. amended by adding at the end the following: a country, pursuant to paragraph (8), the ‘‘(C) The Secretary, in consultation with ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE Secretary of Homeland Security, in con- the Commissioner, may limit or modify the FLEXIBILITY.— sultation with the Secretary of State, shall requirements of this paragraph, as appro- ‘‘(A) CERTIFICATION.—On the date on which take into consideration other factors affect- priate, to identify the cases posing the high- an air exit system is in place that can verify ing the security of the United States, includ- est possibility of fraudulent use of social se- the departure of not less than 97 percent of ing— curity account numbers related to violation foreign nationals that exit through airports ‘‘(A) airport security standards in the of the immigration laws. of the United States, the Secretary of Home- country; ‘‘(4)(A) Notwithstanding any other provi- land Security shall certify to Congress that ‘‘(B) whether the country assists in the op- sion of law (including section 6103 of the In- such air exit system is in place. eration of an effective air marshal program; ternal Revenue Code of 1986), if more than

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00161 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4954 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 one person reports earnings for an individual security, and for other purposes; which SEC. 2. DEFINITIONS. during a single tax year, the Commissioner was ordered to lie on the table; as fol- In this Act: of Social Security shall provide the Sec- lows: (1) DEPARTMENT.—The term ‘‘Department’’ retary of Homeland Security information re- means the Department of Homeland Secu- At the appropriate place, insert the fol- garding the name, date of birth, and address rity. lowing: of the individual, and the name and address (2) SECRETARY.—The term ‘‘Secretary’’ of the each person reporting earnings for SEC. ll. CABLE CARRIAGE OF TELEVISON means the Secretary of Homeland Security. BROADCAST SIGNALS. that individual. SEC. 3. TABLE OF CONTENTS. Part I of title III of the Communications ‘‘(B) The information described in subpara- The table of contents for this Act is as fol- Act of 1934 (47 U.S.C. 301 et seq.) is amended graph (A) shall be provided in an electronic lows: by adding at the end the following: form agreed upon by the Commissioner and Sec. 1. Short title. the Secretary for the sole purpose of enforc- ‘‘SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET AREAS. Sec. 2. Definitions. ing the immigration laws. Sec. 3. Table of contents. ‘‘(C) The Secretary, in consultation with ‘‘(a) IN GENERAL.—Notwithstanding any TITLE I—IMPROVING INTELLIGENCE the Commissioner, may limit or modify the other provision of law, each cable operator AND INFORMATION SHARING WITHIN requirements of this paragraph, as appro- providing service in an eligible area may THE FEDERAL GOVERNMENT AND priate, to identify the cases posing the high- elect to carry the primary signal of any net- WITH STATE, LOCAL, AND TRIBAL GOV- est possibility of fraudulent use of social se- work station located in the capital of the ERNMENTS curity account numbers related to violation State in which such area is located. of the immigration laws. ‘‘(b) DEFINITIONS.—As used in this section: Subtitle A—Homeland Security Information ‘‘(5)(A) The Commissioner of Social Secu- ‘‘(1) ELIGIBLE AREA.—The term ‘eligible Sharing Enhancement rity shall perform, at the request of the Sec- area’ means 1 of 2 counties that— Sec. 111. Homeland Security Advisory Sys- retary of Homeland Security, a search or ‘‘(A) are all in a single State; tem and information sharing. manipulation of records held by the Commis- ‘‘(B) on the date of enactment of this sec- Sec. 112. Information sharing. sioner if the Secretary certifies that the pur- tion, were each located in— Sec. 113. Intelligence training development pose of the search or manipulation is to ob- ‘‘(i) the 46th largest designated market for State and local government tain information that is likely to assist in area for the year 2005 according to Nielsen officials. identifying individuals (and their employers) Media Research; and Sec. 114. Information sharing incentives. who are using false names or social security ‘‘(ii) a designated market area comprised Subtitle B—Homeland Security Information account numbers, who are sharing a single principally of counties located in another Sharing Partnerships State; and valid name and social security account num- Sec. 121. State, Local, and Regional Fusion ‘‘(C) as a group had a total number of tele- ber among multiple individuals, who are Center Initiative. vision households that when combined did using the social security account number of Sec. 122. Homeland Security Information not exceed 30,000 for the year 2005 according a person who is deceased, too young to work, Sharing Fellows Program. or not authorized to work, or who are other- to Nielsen Media Research. ‘‘(2) NETWORK STATION.—The term ‘network Subtitle C—Interagency Threat Assessment wise engaged in a violation of the immigra- and Coordination Group tion laws. The Commissioner shall provide station’ has the same meaning as in section Sec. 131. Interagency Threat Assessment the results of such search or manipulation to 119(d) of title 17, United States Code.’’. and Coordination Group. the Secretary, notwithstanding any other SEC. ll. SATELLITE CARRIAGE OF TELEVISION provision law (including section 6103 of the BROADCAST SIGNALS. TITLE II—HOMELAND SECURITY GRANTS Internal Revenue Code of 1986). Section 119(a)(2)(C) of title 17, United Sec. 201. Short title. ‘‘(B) The Secretary shall transfer to the States Code, is amended— Sec. 202. Homeland Security Grant Program. Commissioner the funds necessary to cover (1) by redesignating clause (v) as clause Sec. 203. Technical and conforming amend- the costs directly incurred by the Commis- (vi); ments. sioner in carrying out each search or manip- (2) by inserting after clause (v) the fol- TITLE III—COMMUNICATIONS ulation requested by the Secretary under lowing: OPERABILITY AND INTEROPERABILITY ‘‘(v) FURTHER ADDITIONAL STATIONS.—If 2 subparagraph (A).’’. Sec. 301. Dedicated funding to achieve emer- adjacent counties in a single State are in a (c) FALSE CLAIMS OF CITIZENSHIP BY NA- gency communications oper- local market comprised principally of coun- TIONALS OF THE UNITED STATES.—Section ability and interoperable com- ties located in another State, the statutory 212(a)(6)(C)(ii)(I) of the Immigration and Na- munications. license provided for in subparagraph (A) tionality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is Sec. 302. Border Interoperability Dem- shall apply to the secondary transmission by amended by inserting ‘‘or national’’ after onstration Project. ‘‘citizen’’. a satellite carrier to subscribers in those 2 counties of the primary transmissions of any TITLE IV—ENHANCING SECURITY OF INTERNATIONAL TRAVEL SA 273. Mr. ALLARD (for himself and network station located in the capital of the State in which such 2 counties are located, Sec. 401. Modernization of the visa waiver Mr. SALAZAR) submitted an amend- if— program. ment intended to be proposed by him ‘‘(I) the 2 counties are located in the 46th Sec. 402. Strengthening the capabilities of to the bill S. 4, to make the United largest designated market area for the year the Human Smuggling and States more secure by implementing 2005 according to Nielsen Media Research; Trafficking Center. unfinished recommendations of the 9/11 and Sec. 403. Enhancements to the Terrorist Commission to fight the war on terror ‘‘(II) the total number of television house- Travel Program. more effectively, to improve homeland holds in the 2 counties combined did not ex- Sec. 404. Enhanced driver’s license. ceed 30,000 for the year 2005 according to Sec. 405. Western Hemisphere Travel Initia- security, and for other purposes; which tive. was ordered to lie on the table; as fol- Nielsen Media Research.’’; and (3) in clause (vi) as redesignated, by strik- TITLE V—PRIVACY AND CIVIL lows: ing ‘‘and (iv)’’ and inserting ‘‘(iv), and (v)’’. LIBERTIES MATTERS At the appropriate place, insert the fol- Sec. 501. Modification of authorities relating lowing: SA 275. Mr. REID (for himself, Mr. to Privacy and Civil Liberties SEC. ll. INCLUSION OF THE TRANSPORTATION LIEBERMAN, and Ms. COLLINS) proposed Oversight Board. TECHNOLOGY CENTER IN THE NA- an amendment to the bill S. 4, to make Sec. 502. Privacy and civil liberties officers. TIONAL DOMESTIC PREPAREDNESS Sec. 503. Department Privacy Officer. CONSORTIUM. the United States more secure by im- plementing unfinished recommenda- Sec. 504. Federal Agency Data Mining Re- The National Domestic Preparedness Con- porting Act of 2007. sortium shall include the Transportation tions of the 9/11 Commission to fight Technology Center in Pueblo, Colorado. the war on terror more effectively, to TITLE VI—ENHANCED DEFENSES improve homeland security, and for AGAINST WEAPONS OF MASS DE- STRUCTION SA 274. Mr. ALLARD submitted an other purposes; which was ordered to Sec. 601. National Biosurveillance Integra- amendment intended to be proposed by lie on the table; as follows: him to the bill S. 4, to make the United tion Center. Strike all after the enacting clause and in- Sec. 602. Biosurveillance efforts. States more secure by implementing sert the following: Sec. 603. Interagency coordination to en- unfinished recommendations of the 9/11 SECTION 1. SHORT TITLE. hance defenses against nuclear Commission to fight the war on terror This Act may be cited as the ‘‘Improving and radiological weapons of more effectively, to improve homeland America’s Security Act of 2007’’. mass destruction.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00162 Fmt 0686 Sfmt 0655 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4955 TITLE VII—PRIVATE SECTOR Sec. 1332. Enforcement authority. TITLE XV—MISCELLANEOUS PREPAREDNESS Sec. 1333. Rail security enhancements. PROVISIONS Sec. 701. Definitions. Sec. 1334. Public awareness. Sec. 1501. Deputy Secretary of Homeland Sec. 702. Responsibilities of the private sec- Sec. 1335. Railroad high hazard material Secretary for Management. tor office of the Department. tracking. Sec. 1502. Sense of the Senate regarding Sec. 703. Voluntary national preparedness Sec. 1336. Authorization of appropriations. combating domestic standards compliance; accredi- PART II—IMPROVED MOTOR CARRIER, BUS, radicalization. tation and certification pro- AND HAZARDOUS MATERIAL SECURITY Sec. 1503. Report regarding border security. gram for the private sector. Sec. 1341. Hazardous materials highway TITLE I—IMPROVING INTELLIGENCE AND Sec. 704. Sense of Congress regarding pro- routing. INFORMATION SHARING WITHIN THE moting an international stand- Sec. 1342. Motor carrier high hazard mate- FEDERAL GOVERNMENT AND WITH ard for private sector prepared- rial tracking. STATE, LOCAL, AND TRIBAL GOVERN- ness. Sec. 1343. Memorandum of agreement. MENTS Sec. 705. Report to Congress. Sec. 1344. Hazardous materials security in- Subtitle A—Homeland Security Information Sec. 706. Rule of construction. spections and enforcement. Sharing Enhancement TITLE VIII—TRANSPORTATION SECU- Sec. 1345. Truck security assessment. SEC. 111. HOMELAND SECURITY ADVISORY SYS- RITY PLANNING AND INFORMATION Sec. 1346. National public sector response TEM AND INFORMATION SHARING. SHARING system. (a) ADVISORY SYSTEM AND INFORMATION Sec. 801. Transportation security strategic Sec. 1347. Over-the-road bus security assist- SHARING.— planning. ance. (1) IN GENERAL.—Subtitle A of title II of Sec. 802. Transportation security informa- Sec. 1348. Pipeline security and incident re- the Homeland Security Act of 2002 (6 U.S.C. tion sharing. covery plan. 121 et seq.) is amended by adding at the end Sec. 803. Transportation Security Adminis- Sec. 1349. Pipeline security inspections and the following: tration personnel management. enforcement. ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYS- Sec. 1350. Technical corrections. TITLE IX—INCIDENT COMMAND SYSTEM TEM. Sec. 1351. Certain personnel limitations not ‘‘(a) REQUIREMENT.—The Secretary shall Sec. 901. Preidentifying and evaluating to apply. administer the Homeland Security Advisory multijurisdictional facilities to Sec. 1352. Maritime and surface transpor- System in accordance with this section to strengthen incident command; tation security user fee study. provide warnings regarding the risk of ter- private sector preparedness. Subtitle B—Aviation Security Improvement rorist attacks on the homeland to Federal, Sec. 902. Credentialing and typing to State, local, and tribal government authori- strengthen incident command. Sec. 1361. Extension of authorization for aviation security funding. ties and to the people of the United States, TITLE X—CRITICAL INFRASTRUCTURE Sec. 1362. Passenger aircraft cargo screen- as appropriate. The Secretary shall exercise PROTECTION ing. primary responsibility for providing such Sec. 1001. Critical infrastructure protection. Sec. 1363. Blast-resistant cargo containers. warnings. Sec. 1002. Risk assessment and report. Sec. 1364. Protection of air cargo on pas- ‘‘(b) REQUIRED ELEMENTS.—In admin- Sec. 1003. Use of existing capabilities. senger planes from explosives. istering the Homeland Security Advisory TITLE XI—CONGRESSIONAL OVERSIGHT Sec. 1365. In-line baggage screening. System, the Secretary shall— OF INTELLIGENCE Sec. 1366. Enhancement of in-line baggage ‘‘(1) establish criteria for the issuance and Sec. 1101. Availability to public of certain system deployment. revocation of such warnings; intelligence funding informa- Sec. 1367. Research and development of avia- ‘‘(2) develop a methodology, relying on the tion. tion transportation security criteria established under paragraph (1), for Sec. 1102. Response of intelligence commu- technology. the issuance and revocation of such warn- nity to requests from Congress. Sec. 1368. Certain TSA personnel limitations ings; Sec. 1103. Public Interest Declassification not to apply. ‘‘(3) provide, in each such warning, specific Board. Sec. 1369. Specialized training. information and advice regarding appro- priate protective measures and counter- TITLE XII—INTERNATIONAL COOPERA- Sec. 1370. Explosive detection at passenger measures that may be taken in response to TION ON ANTITERRORISM TECH- screening checkpoints. that risk, at the maximum level of detail NOLOGIES Sec. 1371. Appeal and redress process for pas- sengers wrongly delayed or pro- practicable to enable individuals, govern- Sec. 1201. Promoting antiterrorism capabili- hibited from boarding a flight. ment entities, emergency response providers, ties through international co- Sec. 1372. Strategic plan to test and imple- and the private sector to act appropriately; operation. ment advanced passenger and Sec. 1202. Transparency of funds. prescreening system. ‘‘(4) whenever possible, limit the scope of TITLE XIII—TRANSPORTATION AND Sec. 1373. Repair station security. each such warning to a specific region, local- INTEROPERABLE COMMUNICATION CA- Sec. 1374. General aviation security. ity, or economic sector believed to be at PABILITIES Sec. 1375. Security credentials for airline risk. Sec. 1301. Short title. crews. ‘‘SEC. 204. HOMELAND SECURITY INFORMATION Subtitle A—Surface Transportation and Rail Sec. 1376. National explosives detection ca- SHARING. Security nine team training center. ‘‘(a) INFORMATION SHARING.—Consistent with section 1016 of the Intelligence Reform Sec. 1311. Definition. Subtitle C—Interoperable Emergency Communications and Terrorism Prevention Act of 2004 (6 PART I—IMPROVED RAIL SECURITY U.S.C. 485), the Secretary shall integrate and Sec. 1381. Interoperable emergency commu- standardize the information of the intel- Sec. 1321. Rail transportation security risk nications. ligence components of the Department, ex- assessment. Sec. 1382. Rule of construction. cept for any internal protocols of such intel- Sec. 1322. Systemwide Amtrak security up- Sec. 1383. Cross border interoperability re- ligence components, to be administered by grades. ports. Sec. 1323. Fire and life-safety improvements. the Chief Intelligence Officer. Sec. 1384. Extension of short quorum. Sec. 1324. Freight and passenger rail secu- ‘‘(b) INFORMATION SHARING AND KNOWLEDGE rity upgrades. TITLE XIV—PUBLIC TRANSPORTATION MANAGEMENT OFFICERS.—For each intel- Sec. 1325. Rail security research and devel- TERRORISM PREVENTION ligence component of the Department, the opment. Sec. 1401. Short title. Secretary shall designate an information Sec. 1326. Oversight and grant procedures. Sec. 1402. Findings. sharing and knowledge management officer Sec. 1327. Amtrak plan to assist families of Sec. 1403. Security assessments. who shall report to the Chief Intelligence Of- passengers involved in rail pas- Sec. 1404. Security assistance grants. ficer regarding coordinating the different senger accidents. Sec. 1405. Public transportation security systems used in the Department to gather Sec. 1328. Northern border rail passenger re- training program. and disseminate homeland security informa- port. Sec. 1406. Intelligence sharing. tion. Sec. 1329. Rail worker security training pro- Sec. 1407. Research, development, and dem- ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR gram. onstration grants and con- SOURCES OF INFORMATION.— Sec. 1330. Whistleblower protection pro- tracts. ‘‘(1) ESTABLISHMENT OF BUSINESS PROC- gram. Sec. 1408. Reporting requirements. ESSES.—The Chief Intelligence Officer shall— Sec. 1331. High hazard material security risk Sec. 1409. Authorization of appropriations. ‘‘(A) establish Department-wide procedures mitigation plans. Sec. 1410. Sunset provision. for the review and analysis of information

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gathered from sources in State, local, and (b) INTELLIGENCE COMPONENT DEFINED.— ‘‘(A) means’’; tribal government and the private sector; (1) IN GENERAL.—Section 2 of the Homeland (iii) in subparagraph (A)(iv), as so redesig- ‘‘(B) as appropriate, integrate such infor- Security Act of 2002 (6 U.S.C. 101) is amend- nated, by striking the period at the end and mation into the information gathered by the ed— inserting ‘‘; and’’; and Department and other departments and (A) by redesignating paragraphs (9) (iv) by adding at the end the following: agencies of the Federal Government; and through (16) as paragraphs (10) through (17), ‘‘(B) includes homeland security informa- ‘‘(C) make available such information, as respectively; and tion and weapons of mass destruction infor- appropriate, within the Department and to (B) by inserting after paragraph (8) the fol- mation.’’; and other departments and agencies of the Fed- lowing: (D) by adding at the end the following: eral Government. ‘‘(9) The term ‘intelligence component of ‘‘(6) WEAPONS OF MASS DESTRUCTION INFOR- ‘‘(2) FEEDBACK.—The Secretary shall de- the Department’ means any directorate, MATION.—The term ‘weapons of mass destruc- velop mechanisms to provide feedback re- agency, or other element or entity of the De- tion information’ means information that garding the analysis and utility of informa- partment that gathers, receives, analyzes, could reasonably be expected to assist in the tion provided by any entity of State, local, produces, or disseminates homeland security development, proliferation, or use of a weap- or tribal government or the private sector information.’’. on of mass destruction (including chemical, that gathers information and provides such (2) TECHNICAL AND CONFORMING AMEND- biological, radiological, and nuclear weap- information to the Department. MENTS.— ons) that could be used by a terrorist or a ‘‘(d) TRAINING AND EVALUATION OF EMPLOY- (A) HOMELAND SECURITY ACT OF 2002.—Sec- terrorist organization against the United EES.— tion 501(11) of the Homeland Security Act of States, including information about the lo- ‘‘(1) TRAINING.—The Chief Intelligence Offi- 2002 (6 U.S.C. 311(11)) is amended by striking cation of any stockpile of nuclear materials cer shall provide to employees of the Depart- ‘‘section 2(10)(B)’’ and inserting ‘‘section that could be exploited for use in such a ment opportunities for training and edu- 2(11)(B)’’. weapon that could be used by a terrorist or cation to develop an understanding of— (B) OTHER LAW.—Section 712(a) of title 14, a terrorist organization against the United ‘‘(A) the definition of homeland security United States Code, is amended by striking States.’’; information; and ‘‘section 2(15) of the Homeland Security Act (2) in subsection (b)(2)— ‘‘(B) how information available to such em- of 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘sec- (A) in subparagraph (H), by striking ‘‘and’’ ployees as part of their duties— tion 2(16) of the Homeland Security Act of at the end; ‘‘(i) might qualify as homeland security in- 2002 (6 U.S.C. 101(16))’’. (B) in subparagraph (I), by striking the pe- formation; and (c) RESPONSIBILITIES OF THE UNDER SEC- riod at the end and inserting a semicolon; RETARY FOR INFORMATION ANALYSIS AND IN- ‘‘(ii) might be relevant to the intelligence and FRASTRUCTURE PROTECTION.—Section 201(d) components of the Department. (C) by adding at the end the following: of the Homeland Security Act of 2002 (6 ‘‘(2) EVALUATIONS.—The Chief Intelligence ‘‘(J) integrates the information within the U.S.C. 121(d)) is amended— Officer shall— scope of the information sharing environ- (1) in paragraph (1), by inserting ‘‘, in sup- ‘‘(A) on an ongoing basis, evaluate how em- ment, including any such information in leg- port of the mission responsibilities of the De- ployees of the Office of Intelligence and partment and consistent with the functions acy technologies; Analysis and the intelligence components of of the National Counterterrorism Center es- ‘‘(K) integrates technologies, including all the Department are utilizing homeland secu- tablished under section 119 of the National legacy technologies, through Internet-based rity information, sharing information within Security Act of 1947 (50 U.S.C. 50 U.S.C. services; the Department, as described in this sub- 404o),’’ after ‘‘and to integrate such informa- ‘‘(L) allows the full range of analytic and title, and participating in the information tion’’; and operational activities without the need to sharing environment established under sec- (2) by striking paragraph (7), as redesig- centralize information within the scope of tion 1016 of the Intelligence Reform and Ter- nated by subsection (a)(2)(A) of this section, the information sharing environment; rorism Prevention Act of 2004 (6 U.S.C. 485); and inserting the following: ‘‘(M) permits analysts to collaborate both and ‘‘(7) To review, analyze, and make rec- independently and in a group (commonly ‘‘(B) provide a report regarding any evalua- ommendations for improvements in the poli- known as ‘collective and noncollective col- tion under subparagraph (A) to the appro- cies and procedures governing the sharing of laboration’), and across multiple levels of priate component heads. intelligence information, intelligence-re- national security information and controlled ‘‘SEC. 205. COORDINATION WITH INFORMATION lated information, and other information re- unclassified information; SHARING ENVIRONMENT. lating to homeland security within the Fed- ‘‘(N) provides a resolution process that en- ‘‘All activities to comply with sections 203 eral Government and among the Federal ables changes by authorized officials regard- and 204 shall be— Government and State, local, and tribal gov- ing rules and policies for the access, use, and ‘‘(1) implemented in coordination with the ernment agencies and authorities, consistent retention of information within the scope of program manager for the information shar- with the information sharing environment the information sharing environment; and ing environment established under section established under section 1016 of the Intel- ‘‘(O) incorporates continuous, real-time, 1016 of the Intelligence Reform and Ter- ligence Reform and Terrorism Prevention and immutable audit capabilities, to the rorism Prevention Act of 2004 (6 U.S.C. 485); Act of 2004 (6 U.S.C. 485) and any policies, maximum extent practicable.’’; and guidelines, procedures, instructions or stand- (3) in subsection (f)— ‘‘(2) consistent with and support the estab- ards established by the President or, as ap- (A) in paragraph (1)— lishment of that environment, and any poli- propriate, the program manager for the im- (i) by striking ‘‘during the two-year period cies, guidelines, procedures, instructions, or plementation and management of that envi- beginning on the date of designation under standards established by the President or, as ronment.’’. this paragraph unless sooner’’ and inserting appropriate, the program manager for the SEC. 112. INFORMATION SHARING. ‘‘until’’; and implementation and management of that en- Section 1016 of the Intelligence Reform and (ii) by striking ‘‘The program manager vironment.’’. Terrorist Prevention Act of 2004 (6 U.S.C. 485) shall have and exercise governmentwide au- (2) TECHNICAL AND CONFORMING AMEND- is amended— thority.’’ and inserting ‘‘Except as otherwise MENTS.— (1) in subsection (a)— expressly provided by law, the program man- (A) IN GENERAL.—Section 201(d) of the (A) by redesignating paragraphs (1) ager, in consultation with the head of any af- Homeland Security Act of 2002 (6 U.S.C. through (4) as paragraphs (2) through (5), re- fected department or agency, shall have and 121(d)) is amended— spectively; exercise governmentwide authority over the (i) by striking paragraph (7); and (B) by inserting before paragraph (2), as so sharing of information within the scope of (ii) by redesignating paragraphs (8) redesignated, the following: the information sharing environment by all through (19) as paragraphs (7) through (18), ‘‘(1) HOMELAND SECURITY INFORMATION.— Federal departments, agencies, and compo- respectively. The term ‘homeland security information’ nents, irrespective of the Federal depart- (B) TABLE OF CONTENTS.—The table of con- has the meaning given that term in section ment, agency, or component in which the tents in section 1(b) of the Homeland Secu- 892 of the Homeland Security Act of 2002 (6 program manager may be administratively rity Act of 2002 (6 U.S.C. 101 et seq.) is U.S.C. 482).’’; located.’’; and amended by inserting after the item relating (C) in paragraph (5), as so redesignated— (B) in paragraph (2)(A)— to section 202 the following: (i) by redesignating subparagraphs (A) (i) by redesignating clause (iii) as clause ‘‘Sec. 203. Homeland Security Advisory Sys- through (D) as clauses (i) through (iv), re- (v); and tem. spectively, and adjusting the margin accord- (ii) by striking clause (ii) and inserting the ‘‘Sec. 204. Homeland Security Information ingly; following: Sharing. (ii) by striking ‘‘ ‘terrorism information’ ‘‘(ii) assist in the development of policies, ‘‘Sec. 205. Coordination with information means’’ and inserting the following: ‘‘ ‘ter- as appropriate, to foster the development sharing environment.’’. rorism information’— and proper operation of the ISE;

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‘‘(iii) issue governmentwide procedures, ronment for a particular purpose that the (d) AUTHORIZATION OF APPROPRIATIONS.— guidelines, instructions, and functional Federal Government, through an appropriate There are authorized to be appropriated such standards, as appropriate, for the manage- process, has determined to be lawfully per- sums as are necessary to carry out this sec- ment, development, and proper operation of missible for a particular agency, component, tion. the ISE; or employee (commonly known as an ‘au- SEC. 114. INFORMATION SHARING INCENTIVES. ‘‘(iv) identify and resolve information thorized use’ standard); and (a) AWARDS.—In making cash awards under sharing disputes between Federal depart- ‘‘(D) the use of anonymized data by Fed- chapter 45 of title 5, United States Code, the ments, agencies, and components; and’’; eral departments, agencies, or components President or the head of an agency, in con- (4) in subsection (g)— collecting, possessing, disseminating, or han- sultation with the program manager des- (A) in paragraph (1), by striking ‘‘during dling information within the scope of the in- ignated under section 1016 of the Intelligence the two-year period beginning on the date of formation sharing environment, in any cases Reform and Terrorist Prevention Act of 2004 the initial designation of the program man- in which— (6 U.S.C. 485), may consider the success of an ager by the President under subsection (f)(1), ‘‘(i) the use of such information is reason- employee in sharing information within the unless sooner’’ and inserting ‘‘until’’; ably expected to produce results materially scope of the information sharing environ- (B) in paragraph (2)— equivalent to the use of information that is ment established under that section in a (i) in subparagraph (F), by striking ‘‘and’’ transferred or stored in a non-anonymized manner consistent with any policies, guide- at the end; form; and lines, procedures, instructions, or standards (ii) by redesignating subparagraph (G) as ‘‘(ii) such use is consistent with any mis- established by the President or, as appro- subparagraph (I); and sion of that department, agency, or compo- priate, the program manager of that environ- (iii) by inserting after subparagraph (F) nent (including any mission under a Federal ment for the implementation and manage- the following: statute or directive of the President) that in- ment of that environment. ‘‘(G) assist the program manager in identi- volves the storage, retention, sharing, or ex- (b) OTHER INCENTIVES.—The head of each fying and resolving information sharing dis- change of personally identifiable informa- department or agency described in section putes between Federal departments, agen- tion. 1016(i) of the Intelligence Reform and Ter- cies, and components; ‘‘(2) DEFINITION.—In this subsection, the rorist Prevention Act of 2004 (6 U.S.C. 485(i)), ‘‘(H) identify appropriate personnel for as- term ‘anonymized data’ means data in which in consultation with the program manager signment to the program manager to support the individual to whom the data pertains is designated under section 1016 of the Intel- staffing needs identified by the program not identifiable with reasonable efforts, in- ligence Reform and Terrorist Prevention Act manager; and’’; cluding information that has been encrypted of 2004 (6 U.S.C. 485), shall adopt best prac- (C) in paragraph (4), by inserting ‘‘(includ- or hidden through the use of other tech- tices regarding effective ways to educate and ing any subsidiary group of the Information nology. motivate officers and employees of the Fed- Sharing Council)’’ before ‘‘shall not be sub- ‘‘(k) ADDITIONAL POSITIONS.—The program eral Government to engage in the informa- ject’’; and manager is authorized to hire not more than tion sharing environment, including— (D) by adding at the end the following: 40 full-time employees to assist the program (1) promotions and other nonmonetary ‘‘(5) DETAILEES.—Upon a request by the Di- manager in— awards; and rector of National Intelligence, the depart- ‘‘(1) identifying and resolving information (2) publicizing information sharing accom- ments and agencies represented on the Infor- sharing disputes between Federal depart- plishments by individual employees and, mation Sharing Council shall detail to the ments, agencies, and components under sub- where appropriate, the tangible end benefits program manager, on a reimbursable basis, section (f)(2)(A)(iv); and that resulted. appropriate personnel identified under para- ‘‘(2) other activities associated with the Subtitle B—Homeland Security Information graph (2)(H).’’; implementation of the information sharing Sharing Partnerships (5) in subsection (h)(1), by striking ‘‘and environment, including— SEC. 121. STATE, LOCAL, AND REGIONAL FUSION annually thereafter’’ and inserting ‘‘and not ‘‘(A) implementing the requirements under CENTER INITIATIVE. later than June 30 of each year thereafter’’; subsection (b)(2); and (a) IN GENERAL.—Subtitle A of title II of and ‘‘(B) any additional implementation initia- the Homeland Security Act of 2002 (6 U.S.C. (6) by striking subsection (j) and inserting tives to enhance and expedite the creation of 121 et seq.), as amended by this Act, is the following: the information sharing environment. amended by adding at the end the following: ‘‘(j) REPORT ON THE INFORMATION SHARING ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 206. STATE, LOCAL, AND REGIONAL FUSION ENVIRONMENT.— There is authorized to be appropriated to CENTER INITIATIVE. ‘‘(1) IN GENERAL.—Not later than 180 days carry out this section $30,000,000 for each of ‘‘(a) DEFINITIONS.—In this section— after the date of enactment of the Improving fiscal years 2008 and 2009.’’. ‘‘(1) the term ‘Chief Intelligence Officer’ America’s Security Act of 2007, the President SEC. 113. INTELLIGENCE TRAINING DEVELOP- means the Chief Intelligence Officer of the shall report to the Committee on Homeland MENT FOR STATE AND LOCAL GOV- Department; Security and Governmental Affairs of the ERNMENT OFFICIALS. ‘‘(2) the term ‘fusion center’ means a col- Senate, the Select Committee on Intel- (a) CURRICULUM.—The Secretary, acting laborative effort of 2 or more Federal, State, ligence of the Senate, the Committee on through the Chief Intelligence Officer, shall local, or tribal government agencies that Homeland Security of the House of Rep- develop curriculum for the training of State, combines resources, expertise, or informa- resentatives, and the Permanent Select local, and tribal government officials relat- tion with the goal of maximizing the ability Committee on Intelligence of the House of ing to the handling, review, and development of such agencies to detect, prevent, inves- Representatives on the feasibility of— of intelligence material. tigate, apprehend, and respond to criminal or ‘‘(A) eliminating the use of any marking or (b) TRAINING.—To the extent possible, the terrorist activity; process (including ‘Originator Control’) in- Federal Law Enforcement Training Center ‘‘(3) the term ‘information sharing environ- tended to, or having the effect of, restricting and other existing Federal entities with the ment’ means the information sharing envi- the sharing of information within the scope capacity and expertise to train State, local, ronment established under section 1016 of the of the information sharing environment be- and tribal government officials based on the Intelligence Reform and Terrorism Preven- tween and among participants in the infor- curriculum developed under subsection (a) tion Act of 2004 (6 U.S.C. 485); mation sharing environment, unless the shall be used to carry out the training pro- ‘‘(4) the term ‘intelligence analyst’ means President has— grams created under this section. If such en- an individual who regularly advises, admin- ‘‘(i) specifically exempted categories of in- tities do not have the capacity, resources, or isters, supervises, or performs work in the formation from such elimination; and capabilities to conduct such training, the collection, analysis, evaluation, reporting, ‘‘(ii) reported that exemption to the com- Secretary may approve another entity to production, or dissemination of information mittees of Congress described in the matter conduct the training. on political, economic, social, cultural, phys- preceding this subparagraph; and (c) CONSULTATION.—In carrying out the du- ical, geographical, scientific, or military ‘‘(B) continuing to use Federal agency ties described in subsection (a), the Chief In- conditions, trends, or forces in foreign or do- standards in effect on such date of enact- telligence Officer shall consult with the Di- mestic areas that directly or indirectly af- ment for the collection, sharing, and access rector of the Federal Law Enforcement fect national security; to information within the scope of the infor- Training Center, the Attorney General, the ‘‘(5) the term ‘intelligence-led policing’ mation sharing environment relating to citi- Director of National Intelligence, the Ad- means the collection and analysis of infor- zens and lawful permanent residents; ministrator of the Federal Emergency Man- mation to produce an intelligence end prod- ‘‘(C) replacing the standards described in agement Agency, and other appropriate par- uct designed to inform law enforcement deci- subparagraph (B) with a standard that would ties, such as private industry, institutions of sion making at the tactical and strategic allow mission-based or threat-based permis- higher education, nonprofit institutions, and levels; and sion to access or share information within other intelligence agencies of the Federal ‘‘(6) the term ‘terrorism information’ has the scope of the information sharing envi- Government. the meaning given that term in section 1016

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00165 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4958 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 of the Intelligence Reform and Terrorist Pre- ‘‘(D) United States Customs and Border under this section has the appropriate clear- vention Act of 2004 (6 U.S.C. 485). Protection. ance to contribute effectively to the mission ‘‘(b) ESTABLISHMENT.—The Secretary, in ‘‘(E) United States Immigration and Cus- of the fusion center; and consultation with the program manager of toms Enforcement. ‘‘(B) may request that security clearance the information sharing environment estab- ‘‘(F) United States Coast Guard. processing be expedited for each such officer lished under section 1016 of the Intelligence ‘‘(G) Other intelligence components of the or intelligence analyst. Reform and Terrorist Prevention Act of 2004 Department, as determined by the Secretary. ‘‘(6) FURTHER QUALIFICATIONS.—Each offi- (6 U.S.C. 485), the Attorney General, the Pri- ‘‘(3) PARTICIPATION.— cer or intelligence analyst assigned to a fu- vacy Officer of the Department, the Officer ‘‘(A) IN GENERAL.—The Secretary may de- sion center under this section shall satisfy for Civil Rights and Civil Liberties of the De- velop qualifying criteria for a fusion center any other qualifications the Chief Intel- partment, and the Privacy and Civil Lib- to participate in the assigning of Depart- ligence Officer may prescribe. erties Oversight Board established under sec- ment officers or intelligence analysts under ‘‘(e) RESPONSIBILITIES.—An officer or intel- tion 1061 of the Intelligence Reform and Ter- this section. ligence analyst assigned to a fusion center rorist Prevention Act of 2004 (5 U.S.C. 601 ‘‘(B) CRITERIA.—Any criteria developed under this section shall— note), shall establish a State, Local, and Re- under subparagraph (A) may include— ‘‘(1) assist law enforcement agencies and gional Fusion Center Initiative to establish ‘‘(i) whether the fusion center, through its other emergency response providers of State, partnerships with State, local, and regional mission and governance structure, focuses on local, and tribal governments and fusion cen- fusion centers. a broad counterterrorism approach, and ter personnel in using Federal homeland se- ‘‘(c) DEPARTMENT SUPPORT AND COORDINA- whether that broad approach is pervasive curity information to develop a comprehen- TION.—Through the State, Local, and Re- through all levels of the organization; sive and accurate threat picture; gional Fusion Center Initiative, the Sec- ‘‘(ii) whether the fusion center has suffi- ‘‘(2) review homeland security-relevant in- retary shall— cient numbers of adequately trained per- formation from law enforcement agencies ‘‘(1) coordinate with the principal officer of sonnel to support a broad counterterrorism and other emergency response providers of each State, local, or regional fusion center mission; State, local, and tribal government; and the officer designated as the Homeland ‘‘(iii) whether the fusion center has— ‘‘(3) create intelligence and other informa- Security Advisor of the State; ‘‘(I) access to relevant law enforcement, tion products derived from such information ‘‘(2) provide operational and intelligence emergency response, private sector, open and other homeland security-relevant infor- advice and assistance to State, local, and re- source, and national security data; and mation provided by the Department; gional fusion centers; ‘‘(II) the ability to share and analytically ‘‘(4) assist in the dissemination of such ‘‘(3) support efforts to include State, local, exploit that data for authorized purposes; products, under the coordination of the Chief and regional fusion centers into efforts to es- ‘‘(iv) whether the fusion center is ade- Intelligence Officer, to law enforcement tablish an information sharing environment; quately funded by the State, local, or re- agencies and other emergency response pro- ‘‘(4) conduct exercises, including live train- gional government to support its counterter- viders of State, local, and tribal government; ing exercises, to regularly assess the capa- rorism mission; and and bility of individual and regional networks of ‘‘(v) the relevancy of the mission of the fu- ‘‘(5) assist in the dissemination of such State, local, and regional fusion centers to sion center to the particular source compo- products to the Chief Intelligence Officer for nent of Department officers or intelligence integrate the efforts of such networks with collection and dissemination to other fusion analysts. the efforts of the Department; centers. ‘‘(4) PREREQUISITE.— ‘‘(5) coordinate with other relevant Federal ‘‘(f) DATABASE ACCESS.—In order to fulfill ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND entities engaged in homeland security-re- the objectives described under subsection (e), CIVIL LIBERTIES TRAINING.—Before being as- lated activities; each officer or intelligence analyst assigned signed to a fusion center under this section, ‘‘(6) provide analytic and reporting advice to a fusion center under this section shall an officer or intelligence analyst shall un- and assistance to State, local, and regional have direct access to all relevant Federal dergo— fusion centers; databases and information systems, con- ‘‘(i) appropriate intelligence analysis or in- sistent with any policies, guidelines, proce- ‘‘(7) review homeland security information formation sharing training using an intel- dures, instructions, or standards established gathered by State, local, and regional fusion ligence-led policing curriculum that is con- by the President or, as appropriate, the pro- centers and incorporate relevant informa- sistent with— gram manager of the information sharing en- tion with homeland security information of ‘‘(I) standard training and education pro- vironment for the implementation and man- the Department; grams offered to Department law enforce- agement of that environment. ‘‘(8) provide management assistance to ment and intelligence personnel; and ‘‘(g) CONSUMER FEEDBACK.— State, local, and regional fusion centers; ‘‘(II) the Criminal Intelligence Systems ‘‘(1) IN GENERAL.—The Secretary shall cre- ‘‘(9) serve as a point of contact to ensure Operating Policies under part 23 of title 28, ate a mechanism for any State, local, or the dissemination of relevant homeland se- Code of Federal Regulations (or any cor- tribal emergency response provider who is a curity information; responding similar regulation or ruling); consumer of the intelligence or other infor- ‘‘(10) facilitate close communication and ‘‘(ii) appropriate privacy and civil liberties mation products described under subsection coordination between State, local, and re- training that is developed, supported, or (e) to voluntarily provide feedback to the gional fusion centers and the Department; sponsored by the Privacy Officer appointed Department on the quality and utility of ‘‘(11) provide State, local, and regional fu- under section 222 and the Officer for Civil such intelligence products. sion centers with expertise on Department Rights and Civil Liberties of the Depart- ‘‘(2) RESULTS.—The results of the vol- resources and operations; ment, in partnership with the Privacy and untary feedback under paragraph (1) shall be ‘‘(12) provide training to State, local, and Civil Liberties Oversight Board established provided electronically to Congress and ap- regional fusion centers and encourage such under section 1061 of the Intelligence Reform propriate personnel of the Department. fusion centers to participate in terrorist and Terrorism Prevention Act of 2004 (5 ‘‘(h) RULE OF CONSTRUCTION.— threat-related exercises conducted by the U.S.C. 601 note); and ‘‘(1) IN GENERAL.—The authorities granted Department; and ‘‘(iii) such other training prescribed by the under this section shall supplement the au- ‘‘(13) carry out such other duties as the Chief Intelligence Officer. thorities granted under section 201(d) and Secretary determines are appropriate. ‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In nothing in this section shall be construed to ‘‘(d) PERSONNEL ASSIGNMENT.— determining the eligibility of an officer or abrogate the authorities granted under sec- ‘‘(1) IN GENERAL.—The Chief Intelligence intelligence analyst to be assigned to a fu- tion 201(d). Officer may, to the maximum extent prac- sion center under this section, the Chief In- ‘‘(2) PARTICIPATION.—Nothing in this sec- ticable, assign officers and intelligence ana- telligence Officer shall consider the famili- tion shall be construed to require a State, lysts from components of the Department to arity of the officer or intelligence analyst local, or regional government or entity to State, local, and regional fusion centers. with the State, locality, or region, as deter- accept the assignment of officers or intel- ‘‘(2) PERSONNEL SOURCES.—Officers and in- mined by such factors as whether the officer ligence analysts of the Department into the telligence analysts assigned to fusion centers or intelligence analyst— fusion center of that State, locality, or re- under this subsection may be assigned from ‘‘(i) has been previously assigned in the ge- gion. the following Department components, in ographic area; or ‘‘(i) GUIDELINES.—The Secretary, in con- consultation with the respective component ‘‘(ii) has previously worked with intel- sultation with the Attorney General of the head: ligence officials or emergency response pro- United States, shall establish guidelines for ‘‘(A) Office of Intelligence and Analysis, or viders from that State, locality, or region. fusion centers operated by State and local its successor. ‘‘(5) EXPEDITED SECURITY CLEARANCE PROC- governments, to include standards that any ‘‘(B) Office of Infrastructure Protection. ESSING.—The Chief Intelligence Officer— such fusion center shall— ‘‘(C) Transportation Security Administra- ‘‘(A) shall ensure that each officer or intel- ‘‘(1) collaboratively develop a mission tion. ligence analyst assigned to a fusion center statement, identify expectations and goals,

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HOMELAND SECURITY INFORMATION ‘‘(C) a State or local law enforcement or sharing environment; SHARING FELLOWS PROGRAM. other government entity with port, border, ‘‘(4) leverage the databases, systems, and (a) ESTABLISHMENT OF PROGRAM.—Subtitle or agricultural responsibilities, as deter- networks available from public and private A of title II of the Homeland Security Act of mined by the Secretary; sector entities to maximize information 2002 (6 U.S.C. 121 et seq.), as amended by this ‘‘(D) a tribal law enforcement or other au- sharing; Act, is amended by adding at the end the fol- thority; or ‘‘(5) develop, publish, and adhere to a pri- lowing: ‘‘(E) such other entity as the Secretary de- vacy and civil liberties policy consistent ‘‘SEC. 207. HOMELAND SECURITY INFORMATION termines is appropriate. with Federal, State, and local law; SHARING FELLOWS PROGRAM. ‘‘(c) OPTIONAL PARTICIPATION.—No State, ‘‘(a) ESTABLISHMENT.— ‘‘(6) ensure appropriate security measures local, or tribal law enforcement or other gov- ‘‘(1) IN GENERAL.—The Secretary, acting ernment entity shall be required to partici- are in place for the facility, data, and per- through the Chief Intelligence Officer, and in pate in the Homeland Security Information sonnel; consultation with the Chief Human Capital Sharing Fellows Program. ‘‘(7) select and train personnel based on the Officer, shall establish a fellowship program ‘‘(d) PROCEDURES FOR NOMINATION AND SE- needs, mission, goals, and functions of that in accordance with this section for the pur- LECTION.— fusion center; and pose of— ‘‘(1) IN GENERAL.—The Chief Intelligence ‘‘(8) offer a variety of intelligence services ‘‘(A) detailing State, local, and tribal law Officer shall establish procedures to provide and products to recipients of fusion center enforcement officers and intelligence ana- for the nomination and selection of individ- intelligence and information. lysts to the Department in accordance with uals to participate in the Homeland Security ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— subchapter VI of chapter 33 of title 5, United Information Sharing Fellows Program. Except for subsection (i), there are author- States Code, to participate in the work of ‘‘(2) LIMITATIONS.—The Chief Intelligence ized to be appropriated $10,000,000 for each of the Office of Intelligence and Analysis in Officer shall— fiscal years 2008 through 2012, to carry out order to become familiar with— ‘‘(A) select law enforcement officers and this section, including for hiring officers and ‘‘(i) the relevant missions and capabilities intelligence analysts representing a broad intelligence analysts to replace officers and of the Department and other Federal agen- cross-section of State, local, and tribal agen- intelligence analysts who are assigned to fu- cies; and cies; and sion centers under this section.’’. ‘‘(ii) the role, programs, products, and per- ‘‘(B) ensure that the number of Informa- (b) TECHNICAL AND CONFORMING AMEND- sonnel of the Office of Intelligence and Anal- tion Sharing Fellows selected does not im- MENT.—The table of contents in section 1(b) ysis; and pede the activities of the Office of Intel- of the Homeland Security Act of 2002 (6 ‘‘(B) promoting information sharing be- ligence and Analysis. U.S.C. 101 et seq.) is amended by inserting tween the Department and State, local, and ‘‘(e) DEFINITIONS.—In this section— after the item relating to section 205, as tribal law enforcement officers and intel- ‘‘(1) the term ‘Chief Intelligence Officer’ added by this Act, the following: ligence analysts by assigning such officers means the Chief Intelligence Officer of the ‘‘Sec. 206. State, Local, and Regional Infor- and analysts to— Department; and mation Fusion Center Initia- ‘‘(i) serve as a point of contact in the De- ‘‘(2) the term ‘Office of Intelligence and tive.’’. partment to assist in the representation of Analysis’ means the office of the Chief Intel- (c) REPORTS.— State, local, and tribal homeland security in- ligence Officer.’’. (1) CONCEPT OF OPERATIONS.—Not later formation needs; (b) TECHNICAL AND CONFORMING AMEND- than 90 days after the date of enactment of ‘‘(ii) identify homeland security informa- MENT.—The table of contents in section 1(b) this Act and before the State, Local, and Re- tion of interest to State, local, and tribal of the Homeland Security Act of 2002 (6 gional Fusion Center Initiative under section law enforcement officers, emergency re- U.S.C. 101 et seq.) is amended by inserting 206 of the Homeland Security Act of 2002, as sponse providers, and intelligence analysts; after the item relating to section 206, as added by subsection (a), (in this section re- and added by this Act, the following: ferred to as the ‘‘program’’) has been imple- ‘‘(iii) assist Department analysts in pre- ‘‘Sec. 207. Homeland Security Information mented, the Secretary, in consultation with paring and disseminating terrorism-related Sharing Fellows Program.’’. the Privacy Officer of the Department, the products that are tailored to State, local, (c) REPORTS.— Officer for Civil Rights and Civil Liberties of and tribal emergency response providers, law (1) CONCEPT OF OPERATIONS.—Not later the Department, and the Privacy and Civil enforcement officers, and intelligence ana- than 90 days after the date of enactment of Liberties Oversight Board established under lysts and designed to prepare for and thwart this Act, and before the implementation of section 1061 of the Intelligence Reform and terrorist attacks. the Homeland Security Information Sharing Terrorist Prevention Act of 2004 (5 U.S.C. 601 ‘‘(2) PROGRAM NAME.—The program under Fellows Program under section 207 of the note), shall submit to the Committee on this section shall be known as the ‘Homeland Homeland Security Act of 2002, as added by Homeland Security and Governmental Af- Security Information Sharing Fellows Pro- subsection (a), (in this section referred to as fairs of the Senate and the Committee on gram’. the ‘‘Program’’) the Secretary, in consulta- Homeland Security of the House of Rep- ‘‘(b) ELIGIBILITY.— tion with the Privacy Officer of the Depart- resentatives a report that contains a concept ‘‘(1) IN GENERAL.—In order to be eligible for ment, the Officer for Civil Rights and Civil of operations for the program, which shall— selection as an Information Sharing Fellow Liberties of the Department, and the Privacy (A) include a clear articulation of the pur- under the program under this section, an in- and Civil Liberties Oversight Board estab- poses, goals, and specific objectives for dividual shall— lished under section 1061 of the Intelligence which the program is being developed; ‘‘(A) have homeland security-related re- Reform and Terrorist Prevention Act of 2004 (B) identify stakeholders in the program sponsibilities; (5 U.S.C. 601 note), shall submit to the Com- and provide an assessment of their needs; ‘‘(B) be eligible for an appropriate national mittee on Homeland Security and Govern- (C) contain a developed set of quantitative security clearance; mental Affairs of the Senate and the Com- metrics to measure, to the extent possible, ‘‘(C) possess a valid need for access to clas- mittee on Homeland Security of the House of program output; sified information, as determined by the Representatives a report that contains a (D) contain a developed set of qualitative Chief Intelligence Officer; concept of operations for the Program, which instruments (including surveys and expert ‘‘(D) be an employee of an eligible entity; shall include a privacy and civil liberties im- interviews) to assess the extent to which and pact assessment.

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(2) REVIEW OF PRIVACY IMPACT.—Not later and for the proper handling and safeguarding upon to respond to, a terrorist attack within than 1 year after the date on which the Pro- of information related to terrorism. the metropolitan statistical area. gram is implemented, the Privacy and Civil (e) INAPPLICABILITY OF THE FEDERAL ADVI- ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ Liberties Oversight Board established under SORY COMMITTEE ACT.—The ITACG and any has the meaning given that term in section section 1061 of the Intelligence Reform and subsidiary groups thereof shall not be sub- 4(e) of the Indian Self-Determination Act (25 Terrorist Prevention Act of 2004 (5 U.S.C. 601 ject to the requirements of the Federal Advi- U.S.C. 450b(e)). note), in consultation with the Privacy Offi- sory Committee Act (5 U.S.C. App.). ‘‘(6) METROPOLITAN STATISTICAL AREA.—The cer of the Department and the Officer for TITLE II—HOMELAND SECURITY GRANTS term ‘metropolitan statistical area’ means a Civil Rights and Civil Liberties of the De- SEC. 201. SHORT TITLE. metropolitan statistical area, as defined by partment, shall submit to Congress, the Sec- This title may be cited as the ‘‘Homeland the Office of Management and Budget. ATIONAL SPECIAL SECURITY EVENT.— retary, and the Chief Intelligence Officer of Security Grant Enhancement Act of 2007’’. ‘‘(7) N the Department a report on the privacy and The term ‘National Special Security Event’ civil liberties impact of the Program. SEC. 202. HOMELAND SECURITY GRANT PRO- means a designated event that, by virtue of GRAM. its political, economic, social, or religious Subtitle C—Interagency Threat Assessment The Homeland Security Act of 2002 (6 significance, may be the target of terrorism and Coordination Group U.S.C. 101 et seq.) is amended by adding at or other criminal activity. SEC. 131. INTERAGENCY THREAT ASSESSMENT the end the following: AND COORDINATION GROUP. ‘‘(8) POPULATION.—The term ‘population’ ‘‘TITLE XX—HOMELAND SECURITY (a) IN GENERAL.—As part of efforts to es- means population according to the most re- GRANTS tablish the information sharing environment cent United States census population esti- established under section 1016 of the Intel- ‘‘SEC. 2001. DEFINITIONS. mates available at the start of the relevant ligence Reform and Terrorism Prevention ‘‘In this title, the following definitions fiscal year. Act of 2004 (6 U.S.C. 485), the program man- shall apply: ‘‘(9) POPULATION DENSITY.—The term ‘popu- ager shall oversee and coordinate the cre- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- lation density’ means population divided by ation and ongoing operation of an Inter- trator’ means the Administrator of the Fed- land area in square miles. agency Threat Assessment and Coordination eral Emergency Management Agency. ‘‘(10) TARGET CAPABILITIES.—The term ‘tar- Group (in this section referred to as the ‘‘(2) COMBINED STATISTICAL AREA.—The get capabilities’ means the target capabili- ‘‘ITACG’’). term ‘combined statistical area’ means a ties for Federal, State, local, and tribal gov- (b) RESPONSIBILITIES.—The ITACG shall fa- combined statistical area, as defined by the ernment preparedness for which guidelines cilitate the production of federally coordi- Office of Management and Budget. are required to be established under section nated products derived from information ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term 646(a) of the Post-Katrina Emergency Man- within the scope of the information sharing ‘directly eligible tribe’ means— agement Reform Act of 2006 (6 U.S.C. 746(a)). environment established under section 1016 ‘‘(A) any Indian tribe that— ‘‘(11) TRIBAL GOVERNMENT.—The term ‘trib- of the Intelligence Reform and Terrorism ‘‘(i) is located in the continental United al government’ means the government of an Prevention Act of 2004 (6 U.S.C. 485) and in- States; Indian tribe. tended for distribution to State, local, and ‘‘(ii) operates a law enforcement or emer- ‘‘SEC. 2002. HOMELAND SECURITY GRANT PRO- tribal government officials and the private gency response agency with the capacity to GRAM. respond to calls for law enforcement or sector. ‘‘(a) ESTABLISHMENT.—There is established emergency services; (c) OPERATIONS.— a Homeland Security Grant Program, which ‘‘(iii) is located— (1) IN GENERAL.—The ITACG shall be lo- shall consist of— ‘‘(I) on, or within 50 miles of, an inter- cated at the facilities of the National ‘‘(1) the Urban Area Security Initiative es- national border or a coastline bordering an Counterterrorism Center of the Office of the tablished under section 2003, or any suc- ocean or international waters; Director of National Intelligence. cessor thereto; ‘‘(II) within 10 miles of critical infrastruc- (2) MANAGEMENT.— ‘‘(2) the State Homeland Security Grant ture or has critical infrastructure within its (A) IN GENERAL.—The Secretary shall as- Program established under section 2004, or territory; or sign a senior level officer to manage and di- any successor thereto; ‘‘(III) within or contiguous to 1 of the 50 rect the administration of the ITACG. ‘‘(3) the Emergency Management Perform- largest metropolitan statistical areas in the (B) DISTRIBUTION.—The Secretary, in con- ance Grant Program established under sec- United States; and sultation with the Attorney General and the tion 2005 or any successor thereto; and ‘‘(iv) certifies to the Secretary that a State heads of other agencies, as appropriate, shall ‘‘(4) the Emergency Communications and is not making funds distributed under this determine how specific products shall be dis- Interoperability Grants Program established title available to the Indian tribe or consor- tributed to State, local, and tribal officials under section 1809, or any successor thereto. and private sector partners under this sec- tium of Indian tribes for the purpose for tion. which the Indian tribe or consortium of In- ‘‘(b) GRANTS AUTHORIZED.—The Secretary, through the Administrator, may award (C) STANDARDS FOR ADMISSION.—The Sec- dian tribes is seeking grant funds; and retary, acting through the Chief Intelligence ‘‘(B) a consortium of Indian tribes, if each grants to State, local, and tribal govern- Officer and in consultation with the Director tribe satisfies the requirements of subpara- ments under the Homeland Security Grant of National Intelligence, the Attorney Gen- graph (A). Program for the purposes of this title. eral, and the program manager of the infor- ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The ‘‘(c) PROGRAMS NOT AFFECTED.—This title mation sharing environment established term ‘eligible metropolitan area’ means the shall not be construed to affect any author- under section 1016 of the Intelligence Reform following: ity to award grants under any of the fol- and Terrorist Prevention Act of 2004 (6 U.S.C. ‘‘(A) IN GENERAL.—A combination of 2 or lowing Federal programs: 485), shall establish standards for the admis- more incorporated municipalities, counties, ‘‘(1) The firefighter assistance programs sion of law enforcement and intelligence offi- parishes, or Indian tribes that— authorized under section 33 and 34 of the cials from a State, local, or tribal govern- ‘‘(i) is within— Federal Fire Prevention and Control Act of ment into the ITACG. ‘‘(I) any of the 100 largest metropolitan 1974 (15 U.S.C. 2229 and 2229a). (d) MEMBERSHIP.— statistical areas in the United States; or ‘‘(2) Except as provided in subsection (d), (1) IN GENERAL.—The ITACG shall include ‘‘(II) any combined statistical area, of all grant programs authorized under the representatives of— which any metropolitan statistical area de- Robert T. Stafford Disaster Relief and Emer- (A) the Department; scribed in subparagraph (A) is a part; and gency Assistance Act (42 U.S.C. 5121 et seq.), (B) the Federal Bureau of Investigation; ‘‘(ii) includes the city with the largest pop- including the Urban Search and Rescue (C) the Department of Defense; ulation in that metropolitan statistical area. Grant Program. (D) the Department of Energy; ‘‘(B) OTHER COMBINATIONS.—Any other ‘‘(3) Grants to protect critical infrastruc- (E) law enforcement and intelligence offi- combination of contiguous local or tribal ture, including port security grants author- cials from State, local, and tribal govern- governments that are formally certified by ized under section 70107 of title 46, United ments, as appropriate; and the Administrator as an eligible metropoli- States Code. (F) other Federal entities as appropriate. tan area for purposes of this title with the ‘‘(4) The Metropolitan Medical Response (2) CRITERIA.—The program manager for consent of the State or States in which such System authorized under section 635 of the the information sharing environment, in local or tribal governments are located. Post-Katrina Emergency Management Re- consultation with the Secretary of Defense, ‘‘(C) INCLUSION OF ADDITIONAL LOCAL GOV- form Act of 2006 (6 U.S.C. 723). the Secretary, the Director of National In- ERNMENTS.—An eligible metropolitan area ‘‘(5) Grant programs other than those ad- telligence, and the Director of the Federal may include additional local or tribal gov- ministered by the Department. Bureau of Investigation shall develop quali- ernments outside the relevant metropolitan ‘‘(d) RELATIONSHIP TO OTHER LAWS.— fying criteria and establish procedures for statistical area or combined statistical area ‘‘(1) IN GENERAL.—The Homeland Security selecting personnel assigned to the ITACG that are likely to be affected by, or be called Grant Program shall supercede—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00168 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4961 ‘‘(A) all grant programs authorized under ‘‘(B) lessons learned through the simula- ‘‘(D) the degree of threat, vulnerability, section 1014 of the USA PATRIOT Act (42 tions and exercises under paragraph (1)(B); and consequences to the eligible metropoli- U.S.C. 3714); and and tan area related to critical infrastructure or ‘‘(B) the Emergency Management Perform- ‘‘(C) efforts being made to remedy failed key resources identified by the Secretary or ance Grant authorized under the Robert T. performance under paragraph (1)(C). the State homeland security plan, including Stafford Disaster Relief and Emergency As- ‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. threats, vulnerabilities, and consequences sistance Act (42 U.S.C. 5121 et seq.) and sec- ‘‘(a) ESTABLISHMENT.—There is established from critical infrastructure in nearby juris- tion 662 of the Post-Katrina Emergency Man- an Urban Area Security Initiative to provide dictions; agement Reform Act of 2006 (6 U.S.C. 762). grants to assist high-risk metropolitan areas ‘‘(E) whether the eligible metropolitan ‘‘(2) PROGRAM INTEGRITY.—Each grant pro- in preventing, preparing for, protecting area is located at or near an international gram described under paragraphs (1) through against, responding to, and recovering from border; (4) of subsection (a) shall include, consistent acts of terrorism. ‘‘(F) whether the eligible metropolitan with the Improper Payments Information ‘‘(b) APPLICATION.— area has a coastline bordering ocean or Act of 2002 (31 U.S.C. 3321 note), policies and ‘‘(1) IN GENERAL.—An eligible metropolitan international waters; procedures for— area may apply for grants under this section. ‘‘(G) threats, vulnerabilities, and con- ‘‘(A) identifying activities funded under ‘‘(2) ANNUAL APPLICATIONS.—Applicants for sequences faced by the eligible metropolitan the Homeland Security Grant Program that grants under this section shall apply or re- area related to at-risk sites or activities in are susceptible to significant improper pay- apply on an annual basis for grants distrib- nearby jurisdictions, including the need to ments; and uted under the program. respond to terrorist attacks arising in those ‘‘(B) reporting the incidence of improper ‘‘(3) INFORMATION.—In an application for a jurisdictions; payments to the Department. grant under this section, an eligible metro- ‘‘(H) the most current threat assessments ‘‘(3) ALLOCATION.—Except as provided politan area shall submit— available to the Department; under paragraph (2) of this subsection, the ‘‘(A) a plan describing the proposed divi- ‘‘(I) the extent to which the eligible metro- allocation of grants authorized under this sion of responsibilities and distribution of politan area has unmet target capabilities; title shall be governed by the terms of this funding among the local and tribal govern- ‘‘(J) the extent to which the eligible met- title and not by any other provision of law. ments in the eligible metropolitan area; ropolitan area includes— ‘‘(B) the name of an individual to serve as ‘‘(i) all incorporated municipalities, coun- ‘‘(e) MINIMUM PERFORMANCE REQUIRE- a metropolitan area liaison with the Depart- ties, parishes, and Indian tribes within the MENTS.— ment and among the various jurisdictions in relevant metropolitan statistical area or ‘‘(1) IN GENERAL.—The Administrator the metropolitan area; and combined statistical area; and shall— ‘‘(C) such information in support of the ap- ‘‘(ii) other local governments and tribes ‘‘(A) establish minimum performance re- plication as the Administrator may reason- that are likely to be called upon to respond quirements for entities that receive home- ably require. to a terrorist attack within the eligible met- land security grants; ‘‘(c) STATE REVIEW AND TRANSMISSION.— ropolitan area; and ‘‘(B) conduct, in coordination with State, ‘‘(1) IN GENERAL.—To ensure consistency ‘‘(K) such other factors as are specified in regional, local, and tribal governments re- with State homeland security plans, an eligi- writing by the Administrator; and ceiving grants under the Homeland Security ble metropolitan area applying for a grant ‘‘(2) the anticipated effectiveness of the Grant Program, simulations and exercises to under this section shall submit its applica- proposed spending plan for the eligible met- test the minimum performance requirements tion to each State within which any part of ropolitan area in increasing the ability of established under subparagraph (A) for— the eligible metropolitan area is located for that eligible metropolitan area to prevent, ‘‘(i) emergencies (as that term is defined in review before submission of such application prepare for, protect against, respond to, and section 102 of the Robert T. Stafford Disaster to the Department. recover from terrorism, to meet its target Relief and Emergency Assistance Act (42 ‘‘(2) DEADLINE.—Not later than 30 days capabilities, and to otherwise reduce the U.S.C. 5122)) and major disasters not less after receiving an application from an eligi- overall risk to the metropolitan area, the than twice each year; and ble metropolitan area under paragraph (1), State, and the Nation. ‘‘(ii) catastrophic incidents (as that term is each such State shall transmit the applica- ‘‘(e) OPPORTUNITY TO AMEND.—In consid- defined in section 501) not less than once tion to the Department. ering applications for grants under this sec- each year; and ‘‘(3) STATE DISAGREEMENT.—If the Governor tion, the Administrator shall provide appli- ‘‘(C) ensure that entities that the Adminis- of any such State determines that an appli- cants with a reasonable opportunity to cor- trator determines are failing to demonstrate cation of an eligible metropolitan area is in- rect defects in the application, if any, before minimum performance requirements estab- consistent with the State homeland security making final awards. lished under subparagraph (A) shall remedy plan of that State, or otherwise does not sup- the areas of failure, not later than the end of port the application, the Governor shall— ‘‘(f) ALLOWABLE USES.—Grants awarded the second full fiscal year after the date of ‘‘(A) notify the Administrator, in writing, under this section may be used to achieve such determination by— of that fact; and target capabilities, consistent with a State ‘‘(i) establishing a plan for the achieve- ‘‘(B) provide an explanation of the reason homeland security plan and relevant local ment of the minimum performance require- for not supporting the application at the and regional homeland security plans, ments under subparagraph (A), including— time of transmission of the application. through— ‘‘(I) developing intermediate indicators for ‘‘(d) PRIORITIZATION.—In allocating funds ‘‘(1) developing and enhancing State, local, the 2 fiscal years following the date of such among metropolitan areas applying for or regional plans, risk assessments, or mu- determination; and grants under this section, the Administrator tual aid agreements; ‘‘(II) conducting additional simulations shall consider— ‘‘(2) purchasing, upgrading, storing, or and exercises; and ‘‘(1) the relative threat, vulnerability, and maintaining equipment; ‘‘(ii) revising an entity’s homeland secu- consequences faced by the eligible metropoli- ‘‘(3) designing, conducting, and evaluating rity plan, if necessary, to achieve the min- tan area from a terrorist attack, including training and exercises, including exercises of imum performance requirements under sub- consideration of— mass evacuation plans under section 512 and paragraph (A). ‘‘(A) the population of the eligible metro- including the payment of overtime and back- ‘‘(2) WAIVER.—At the discretion of the Ad- politan area, including appropriate consider- fill costs in support of such activities; ministrator, the occurrence of an actual ation of military, tourist, and commuter ‘‘(4) responding to an increase in the threat emergency, major disaster, or catastrophic populations; level under the Homeland Security Advisory incident in an area may be deemed as a sim- ‘‘(B) the population density of the eligible System, or to the needs resulting from a Na- ulation under paragraph (1)(B). metropolitan area; tional Special Security Event, including ‘‘(3) REPORT TO CONGRESS.—Not later than ‘‘(C) the history of threats faced by the eli- payment of overtime and backfill costs; the end of the first full fiscal year after the gible metropolitan area, including— ‘‘(5) establishing, enhancing, and staffing date of enactment of the Improving Amer- ‘‘(i) whether there has been a prior ter- with appropriately qualified personnel State ica’s Security Act of 2007, and each fiscal rorist attack in the eligible metropolitan and local fusion centers that comply with year thereafter, the Administrator shall sub- area; and the guidelines established under section mit to the Committee on Homeland Security ‘‘(ii) whether any part of the eligible met- 206(i); and Governmental Affairs of the Senate and ropolitan area, or any critical infrastructure ‘‘(6) protecting critical infrastructure and to the Committee on Homeland Security of or key resource within the eligible metro- key resources identified in the Critical Infra- the House of Representatives a report de- politan area, has ever experienced a higher structure List established under section 1001 scribing— threat level under the Homeland Security of the Improving America’s Security Act of ‘‘(A) the performance of grantees under Advisory System than other parts of the 2007, including the payment of appropriate paragraph (1)(A); United States; personnel costs;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00169 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4962 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(7) any activity permitted under the Fis- ‘‘(G) threats, vulnerabilities, and con- value equal to not less than 80 percent of the cal Year 2007 Program Guidance of the De- sequences faced by a State related to at-risk amount of the grant. partment for the Urban Area Security Initia- sites or activities in adjacent States, includ- ‘‘(2) EXTENSION OF PERIOD.—The Governor tive or the Law Enforcement Terrorism Pre- ing the State’s need to respond to terrorist of a State may request in writing that the vention Grant Program, including activities attacks arising in adjacent States; Administrator extend the period under para- permitted under the full-time counterter- ‘‘(H) the most current threat assessments graph (1) for an additional period of time. rorism staffing pilot; and available to the Department; The Administrator may approve such a re- ‘‘(8) any other activity relating to achiev- ‘‘(I) the extent to which the State has quest, and may extend such period for an ad- ing target capabilities approved by the Ad- unmet target capabilities; and ditional period, if the Administrator deter- ministrator. ‘‘(J) such other factors as are specified in mines that the resulting delay in providing ‘‘(g) DISTRIBUTION OF AWARDS TO METRO- writing by the Administrator; grant funding to the local and tribal govern- POLITAN AREAS.— ‘‘(2) the anticipated effectiveness of the ments and emergency response providers is ‘‘(1) IN GENERAL.—If the Administrator ap- proposed spending plan of the State in in- necessary to promote effective investments proves the application of an eligible metro- creasing the ability of the State to— to prevent, prepare for, protect against, re- politan area for a grant under this section, ‘‘(A) prevent, prepare for, protect against, spond to, and recover from terrorism, or to the Administrator shall distribute the grant respond to, and recover from terrorism; meet the target capabilities of the State. funds to the State or States in which the eli- ‘‘(B) meet the target capabilities of the ‘‘(3) INDIAN TRIBES.—States shall be respon- gible metropolitan area is located. State; and sible for allocating grant funds received ‘‘(2) STATE DISTRIBUTION OF FUNDS.—Each ‘‘(C) otherwise reduce the overall risk to under this section to tribal governments in State shall provide the eligible metropolitan the State and the Nation; and order to help those tribal communities area not less than 80 percent of the grant ‘‘(3) the need to balance the goal of ensur- achieve target capabilities. Indian tribes funds. Any funds retained by a State shall be ing the target capabilities of the highest risk shall be eligible for funding directly from the expended on items or services approved by areas are achieved quickly and the goal of States, and shall not be required to seek the Administrator that benefit the eligible ensuring that basic levels of preparedness, as funding from any local government. metropolitan area. measured by the attainment of target capa- ‘‘(4) EXCEPTION.—Paragraph (1) shall not ‘‘(3) MULTISTATE REGIONS.—If parts of an bilities, are achieved nationwide. apply to the District of Columbia, the Com- eligible metropolitan area awarded a grant ‘‘(d) MINIMUM ALLOCATION.—In allocating monwealth of Puerto Rico, American Samoa, are located in 2 or more States, the Sec- funds under subsection (c), the Adminis- the Commonwealth of the Northern Mariana retary shall distribute to each such State— trator shall ensure that, for each fiscal Islands, Guam, or the Virgin Islands. ‘‘(A) a portion of the grant funds in accord- year— ‘‘(g) GRANTS TO DIRECTLY ELIGIBLE ance with the proposed distribution set forth ‘‘(1) except as provided for in paragraph (2), TRIBES.— in the application; or no State receives less than an amount equal ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(B) if no agreement on distribution has to 0.45 percent of the total funds appro- section (b), the Secretary may award grants been reached, a portion of the grant funds in priated for the State Homeland Security to directly eligible tribes under this section. proportion to each State’s share of the popu- Grant Program; and ‘‘(2) TRIBAL APPLICATIONS.—A directly eli- lation of the eligible metropolitan area. ‘‘(2) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and gible tribe may apply for a grant under this ‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT section by submitting an application to the PROGRAM. the Virgin Islands each receive not less than Administrator that includes the information ‘‘(a) ESTABLISHMENT.—There is established 0.08 percent of the amounts appropriated for a State Homeland Security Grant Program the State Homeland Security Grant Pro- required for an application by a State under to assist State, local, and tribal governments gram. subsection (b). in preventing, preparing for, protecting ‘‘(e) MULTISTATE PARTNERSHIPS.— ‘‘(3) STATE REVIEW.— against, responding to, and recovering from ‘‘(1) IN GENERAL.—Instead of, or in addition ‘‘(A) IN GENERAL.—To ensure consistency acts of terrorism. to, any application for funds under sub- with State homeland security plans, a di- ‘‘(b) APPLICATION.— section (b), 2 or more States may submit an rectly eligible tribe applying for a grant ‘‘(1) IN GENERAL.—Each State may apply application under this paragraph for under this section shall submit its applica- for a grant under this section, and shall sub- multistate efforts to prevent, prepare for, tion to each State within which any part of mit such information in support of the appli- protect against, respond to, or recover from the tribe is located for review before submis- cation as the Administrator may reasonably acts of terrorism. sion of such application to the Department. require. ‘‘(2) GRANTEES.—Multistate grants may be ‘‘(B) DEADLINE.—Not later than 30 days ‘‘(2) ANNUAL APPLICATIONS.—Applicants for awarded to either— after receiving an application from a di- grants under this section shall apply or re- ‘‘(A) an individual State acting on behalf rectly eligible tribe under subparagraph (A), apply on an annual basis for grants distrib- of a consortium or partnership of States each such State shall transmit the applica- uted under the program. with the consent of all member States; or tion to the Department. ‘‘(c) PRIORITIZATION.—In allocating funds ‘‘(B) a group of States applying as a con- ‘‘(C) STATE DISAGREEMENT.—If the Gov- among States applying for grants under this sortium or partnership. ernor of any such State determines that the section, the Administrator shall consider— ‘‘(3) ADMINISTRATION OF GRANT.—If a group application of a directly eligible tribe is in- ‘‘(1) the relative threat, vulnerability, and of States apply as a consortium or partner- consistent with the State homeland security consequences faced by a State from a ter- ship such States shall submit to the Sec- plan of that State, or otherwise does not sup- rorist attack, including consideration of— retary at the time of application a plan de- port the application, the Governor shall— ‘‘(A) the size of the population of the scribing— ‘‘(i) notify the Administrator, in writing, State, including appropriate consideration of ‘‘(A) the division of responsibilities for ad- of that fact; and military, tourist, and commuter populations; ministering the grant; and ‘‘(ii) provide an explanation of the reason ‘‘(B) the population density of the State; ‘‘(B) the distribution of funding among the for not supporting the application at the ‘‘(C) the history of threats faced by the various States and entities that are party to time of transmission of the application. State, including— the application. ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY ‘‘(i) whether there has been a prior ter- ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOV- ELIGIBLE TRIBES.—If the Administrator rorist attack in an urban area that is wholly ERNMENTS.— awards funds to a directly eligible tribe or partly in the State, or in the State itself; ‘‘(1) IN GENERAL.—The Administrator shall under this section, the Administrator shall and require that, not later than 60 days after re- distribute the grant funds directly to the di- ‘‘(ii) whether any part of the State, or any ceiving grant funding, any State receiving a rectly eligible tribe. The funds shall not be critical infrastructure or key resource with- grant under this section shall make avail- distributed to the State or States in which in the State, has ever experienced a higher able to local and tribal governments and the directly eligible tribe is located. threat level under the Homeland Security emergency response providers, consistent ‘‘(5) TRIBAL LIAISON.—A directly eligible Advisory System than other parts of the with the applicable State homeland security tribe applying for a grant under this section United States; plan— shall designate a specific individual to serve ‘‘(D) the degree of threat, vulnerability, ‘‘(A) not less than 80 percent of the grant as the tribal liaison who shall— and consequences related to critical infra- funds; ‘‘(A) coordinate with Federal, State, local, structure or key resources identified by the ‘‘(B) with the consent of local and tribal regional, and private officials concerning Secretary or the State homeland security governments, the resources purchased with terrorism preparedness; plan; such grant funds having a value equal to not ‘‘(B) develop a process for receiving input ‘‘(E) whether the State has an inter- less than 80 percent of the amount of the from Federal, State, local, regional, and pri- national border; grant; or vate officials to assist in the development of ‘‘(F) whether the State has a coastline bor- ‘‘(C) grant funds combined with resources the application of such tribe and to improve dering ocean or international waters; purchased with the grant funds having a the access of such tribe to grants; and

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‘‘(C) administer, in consultation with ‘‘(1) BASELINE AMOUNT.— ‘‘(E) overtime expenses related to a State State, local, regional, and private officials, ‘‘(A) IN GENERAL.—Except as provided in homeland security plan, including overtime grants awarded to such tribe. subparagraph (B), each State shall receive an costs associated with providing enhanced law ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A amount equal to 0.75 percent of the total enforcement operations in support of Federal directly eligible tribe that receives a grant funds appropriated for grants under this sec- agencies for increased border security and directly under this section is eligible to re- tion. border crossing enforcement; ceive funds for other purposes under a grant ‘‘(B) TERRITORIES.—American Samoa, the ‘‘(F) establishing, enhancing, and staffing from the State or States within the bound- Commonwealth of the Northern Mariana Is- with appropriately qualified personnel State aries of which any part of such tribe is lo- lands, Guam, and the Virgin Islands each and local fusion centers that comply with shall receive an amount equal to 0.25 percent cated, consistent with the homeland security the guidelines established under section of the amounts appropriated for grants under plan of the State. 206(i); ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this section. ‘‘(G) any other activity permitted under this section shall be construed to affect the ‘‘(2) PER CAPITA ALLOCATION.—The funds re- the Fiscal Year 2007 Program Guidance of authority of an Indian tribe that receives maining for grants under this section after the Department for the Law Enforcement funds under this section. allocation of the baseline amounts under ‘‘(h) OPPORTUNITY TO AMEND.—In consid- paragraph (1) shall be allocated to each State Terrorism Prevention Program; and ering applications for grants under this sec- in proportion to its population. ‘‘(H) any other terrorism prevention activ- tion, the Administrator shall provide appli- ‘‘(d) ALLOWABLE USES.—Grants awarded ity authorized by the Administrator. cants with a reasonable opportunity to cor- under this section may be used to achieve ‘‘(b) OFFICE FOR THE PREVENTION OF TER- target capabilities, consistent with a State rect defects in the application, if any, before RORISM.— making final awards. homeland security plan or a catastrophic in- ‘‘(1) ESTABLISHMENT.—There is established ‘‘(i) ALLOWABLE USES.—Grants awarded cident annex developed under section 613 of under this section may be used to achieve the Robert T. Stafford Disaster Relief and in the Department an Office for the Preven- target capabilities, consistent with a State Emergency Assistance Act (42 U.S.C. 5196b) tion of Terrorism, which shall be headed by homeland security plan, through— through— a Director. ‘‘(1) developing and enhancing State, local, ‘‘(1) any activity permitted under the Fis- ‘‘(2) DIRECTOR.— tribal, or regional plans, risk assessments, or cal Year 2007 Program Guidance of the De- ‘‘(A) REPORTING.—The Director of the Of- mutual aid agreements; partment for Emergency Management Per- fice for the Prevention of Terrorism shall re- ‘‘(2) purchasing, upgrading, storing, or formance Grants; and port directly to the Secretary. maintaining equipment; ‘‘(2) any other activity approved by the Ad- ‘‘(B) QUALIFICATIONS.—The Director of the ‘‘(3) designing, conducting, and evaluating ministrator that will improve the capability Office for the Prevention of Terrorism shall training and exercises, including exercises of of a State, local, or tribal government in pre- have an appropriate background with experi- mass evacuation plans under section 512 and venting, preparing for, protecting against, ence in law enforcement, intelligence, or including the payment of overtime and back- responding to, recovering from, or miti- other antiterrorist functions. fill costs in support of such activities; gating against all hazards, including natural ‘‘(3) ASSIGNMENT OF PERSONNEL.— ‘‘(4) responding to an increase in the threat disasters, acts of terrorism, and other man- ‘‘(A) IN GENERAL.—The Secretary shall as- level under the Homeland Security Advisory made disasters. sign to the Office for the Prevention of Ter- ‘‘(e) COST SHARING.— System, including payment of overtime and rorism permanent staff and other appro- ‘‘(1) IN GENERAL.—The Federal share of the backfill costs; priate personnel detailed from other compo- costs of an activity carried out with a grant ‘‘(5) establishing, enhancing, and staffing nents of the Department to carry out the re- with appropriately qualified personnel State under this section shall not exceed 75 per- cent. sponsibilities under this section. and local fusion centers, that comply with ‘‘(B) LIAISONS.—The Secretary shall des- the guidelines established under section ‘‘(2) IN-KIND MATCHING.—Each recipient of a grant under this section may meet the ignate senior employees from each compo- 206(i); nent of the Department that has significant ‘‘(6) protecting critical infrastructure and matching requirement under paragraph (1) antiterrorism responsibilities to act as liai- key resources identified in the Critical Infra- by making in-kind contributions of goods or sons between that component and the Office structure List established under section 1001 services that are directly linked with the for the Prevention of Terrorism. of the Improving America’s Security Act of purpose for which the grant is made. ‘‘(f) LOCAL AND TRIBAL GOVERNMENTS.— ‘‘(4) RESPONSIBILITIES.—The Director of the 2007, including the payment of appropriate ‘‘(1) IN GENERAL.—In allocating grant funds personnel costs; Office for the Prevention of Terrorism received under this section, a State shall ‘‘(7) any activity permitted under the Fis- shall— take into account the needs of local and trib- cal Year 2007 Program Guidance of the De- ‘‘(A) coordinate policy and operations be- al governments. partment for the State Homeland Security tween the Department and State, local, and ‘‘(2) INDIAN TRIBES.—States shall be respon- tribal government agencies relating to pre- Grant Program or the Law Enforcement Ter- sible for allocating grant funds received rorism Prevention Grant Program, including venting acts of terrorism within the United under this section to tribal governments in States; activities permitted under the full-time order to help those tribal communities im- counterterrorism staffing pilot; and ‘‘(B) serve as a liaison between State, prove their capabilities in preventing, pre- local, and tribal law enforcement agencies ‘‘(8) any other activity relating to achiev- paring for, protecting against, responding to, ing target capabilities approved by the Ad- and the Department; recovering from, or mitigating against all ‘‘(C) in coordination with the Office of In- ministrator. hazards, including natural disasters, acts of telligence and Analysis, develop better ‘‘SEC. 2005. EMERGENCY MANAGEMENT PER- terrorism, and other man-made disasters. In- FORMANCE GRANTS PROGRAM. methods for the sharing of intelligence with dian tribes shall be eligible for funding di- ‘‘(a) ESTABLISHMENT.—There is established State, local, and tribal law enforcement rectly from the States, and shall not be re- an Emergency Management Performance agencies; quired to seek funding from any local gov- Grants Program to make grants to States to ‘‘(D) work with the Administrator to en- ernment. assist State, local, and tribal governments in sure that homeland security grants to State, ‘‘SEC. 2006. TERRORISM PREVENTION. preventing, preparing for, protecting local, and tribal government agencies, in- ‘‘(a) LAW ENFORCEMENT TERRORISM PRE- against, responding to, recovering from, and cluding grants under this title, the Commer- VENTION PROGRAM.— mitigating against all hazards, including cial Equipment Direct Assistance Program, natural disasters, acts of terrorism, and ‘‘(1) IN GENERAL.—The Administrator shall designate not less than 25 percent of the and grants to support fusion centers and other man-made disasters. other law enforcement-oriented programs ‘‘(b) APPLICATION.— combined amount appropriated for grants are adequately focused on terrorism preven- ‘‘(1) IN GENERAL.—Each State may apply under sections 2003 and 2004 to be used for tion activities; and for a grant under this section, and shall sub- law enforcement terrorism prevention ac- mit such information in support of an appli- tivities. ‘‘(E) coordinate with the Federal Emer- cation as the Administrator may reasonably ‘‘(2) USE OF FUNDS.—Grants awarded under gency Management Agency, the Department require. this subsection may be used for— of Justice, the National Institute of Justice, ‘‘(2) ANNUAL APPLICATIONS.—Applicants for ‘‘(A) information sharing to preempt ter- law enforcement organizations, and other ap- grants under this section shall apply or re- rorist attacks; propriate entities to support the develop- apply on an annual basis for grants distrib- ‘‘(B) target hardening to reduce the vulner- ment, promulgation, and updating, as nec- uted under the program. ability of selected high value targets; essary, of national voluntary consensus ‘‘(c) ALLOCATION.—Funds available under ‘‘(C) threat recognition to recognize the standards for training and personal protec- the Emergency Management Performance potential or development of a threat; tive equipment to be used in a tactical envi- Grants Program shall be allocated as fol- ‘‘(D) intervention activities to interdict ronment by law enforcement officers. lows: terrorists before they can execute a threat; ‘‘(5) PILOT PROJECT.—

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‘‘(A) IN GENERAL.—The Director of the Of- plicable national voluntary consensus stand- ordination with the Attorney General, the fice for the Prevention of Terrorism, in co- ards developed under section 647 of the Post- Secretary of Health and Human Services, ordination with the Administrator, shall es- Katrina Emergency Management Reform Act and other agencies providing assistance to tablish a pilot project to determine the effi- of 2006 (6 U.S.C. 747), the applicant shall in- State, local, and tribal governments for pre- cacy and feasibility of establishing law en- clude in its application an explanation of venting, preparing for, protecting against, forcement deployment teams. why such equipment or systems will serve responding to, and recovering from natural ‘‘(B) FUNCTION.—The law enforcement de- the needs of the applicant better than equip- disasters, acts of terrorism, and other man- ployment teams participating in the pilot ment or systems that meet or exceed such made disasters, and not later than 12 months program under this paragraph shall form the standards. after the date of enactment of the Improving basis of a national network of standardized ‘‘(d) SUPPLEMENT NOT SUPPLANT.— America’s Security Act of 2007, shall— law enforcement resources to assist State, Amounts appropriated for grants under this ‘‘(1) compile a comprehensive list of Fed- local, and tribal governments in responding title shall be used to supplement and not eral programs that provide assistance to to natural disasters, acts of terrorism, or supplant other State, local, and tribal gov- State, local, and tribal governments for pre- other man-made disaster. ernment public funds obligated for the pur- venting, preparing for, and responding to, ‘‘(6) CONSTRUCTION.—Nothing in this sec- poses provided under this title. natural disasters, acts of terrorism, and tion may be construed to affect the roles or ‘‘SEC. 2008. ADMINISTRATION AND COORDINA- other man-made disasters; responsibilities of the Department of Jus- TION. ‘‘(2) develop a proposal to coordinate, to tice. ‘‘(a) ADMINISTRATOR.—The Administrator the greatest extent practicable, the plan- ‘‘SEC. 2007. RESTRICTIONS ON USE OF FUNDS. shall, in consultation with other appropriate ning, reporting, application, and other re- ‘‘(a) LIMITATIONS ON USE.— offices within the Department, have respon- quirements and guidance for homeland secu- ‘‘(1) CONSTRUCTION.— sibility for administering all homeland secu- rity assistance programs to— ‘‘(A) IN GENERAL.—Grants awarded under rity grant programs administered by the De- ‘‘(A) eliminate redundant and duplicative this title may not be used to acquire land or partment and for ensuring coordination requirements, including onerous application to construct buildings or other physical fa- among those programs and consistency in and ongoing reporting requirements; cilities. the guidance issued to recipients across ‘‘(B) ensure accountability of the programs ‘‘(B) EXCEPTIONS.— those programs. to the intended purposes of such programs; ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(b) NATIONAL ADVISORY COUNCIL.—To en- ‘‘(C) coordinate allocation of grant funds paragraph (A), nothing in this paragraph sure input from and coordination with State, to avoid duplicative or inconsistent pur- shall prohibit the use of grants awarded local, and tribal governments and emergency chases by the recipients; and under this title to achieve target capabilities response providers, the Administrator shall ‘‘(D) make the programs more accessible through— regularly consult and work with the Na- and user friendly to applicants; and ‘‘(I) the construction of facilities described tional Advisory Council established under ‘‘(3) submit the information and proposals in section 611 of the Robert T. Stafford Dis- section 508 on the administration and assess- under paragraphs (1) and (2) to the Com- aster Relief and Emergency Assistance Act ment of grant programs administered by the mittee on Homeland Security and Govern- (42 U.S.C. 5196); or Department, including with respect to the mental Affairs of the Senate and the Com- ‘‘(II) the alteration or remodeling of exist- development of program guidance and the mittee on Homeland Security of the House of ing buildings for the purpose of making such development and evaluation of risk-assess- Representatives. buildings secure against terrorist attacks or ment methodologies. ‘‘SEC. 2009. ACCOUNTABILITY. able to withstand or protect against chem- ‘‘(c) REGIONAL COORDINATION.—The Admin- ‘‘(a) REPORTS TO CONGRESS.— ical, radiological, or biological attacks. istrator shall ensure that— ‘‘(1) FUNDING EFFICACY.—The Adminis- ‘‘(ii) REQUIREMENTS FOR EXCEPTION.—No ‘‘(1) all recipients of homeland security trator shall submit to Congress, as a compo- grant awards may be used for the purposes grants administered by the Department, as a nent of the annual Federal Preparedness Re- under clause (i) unless— condition of receiving those grants, coordi- port required under section 652 of the Post- ‘‘(I) specifically approved by the Adminis- nate their prevention, preparedness, and pro- Katrina Emergency Management Reform Act trator; tection efforts with neighboring State, local, of 2006 (6 U.S.C. 752), an evaluation of the ex- ‘‘(II) the construction occurs under terms and tribal governments, as appropriate; and tent to which grants Administered by the and conditions consistent with the require- ‘‘(2) all metropolitan areas and other re- Department, including the grants estab- ments under section 611(j)(8) of the Robert T. cipients of homeland security grants admin- lished by this title— Stafford Disaster Relief and Emergency As- istered by the Department that include or ‘‘(A) have contributed to the progress of sistance Act (42 U.S.C. 5196(j)(8)); and substantially affect parts or all of more than State, local, and tribal governments in ‘‘(III) the amount allocated for purposes 1 State, coordinate across State boundaries, achieving target capabilities; and under clause (i) does not exceed 20 percent of including, where appropriate, through the ‘‘(B) have led to the reduction of risk na- the grant award. use of regional working groups and require- tionally and in State, local, and tribal juris- ‘‘(2) PERSONNEL.— ments for regional plans, as a condition of dictions. ‘‘(A) IN GENERAL.—For any grant awarded receiving Departmentally administered ‘‘(2) RISK ASSESSMENT.— under section 2003 or 2004— homeland security grants. ‘‘(A) IN GENERAL.—For each fiscal year, the ‘‘(i) not more than 25 percent of the ‘‘(d) PLANNING COMMITTEES.— Administrator shall provide to the Com- amount awarded to a grant recipient may be ‘‘(1) IN GENERAL.—Any State or metropoli- mittee on Homeland Security and Govern- used to pay overtime and backfill costs; and tan area receiving grants under this title mental Affairs of the Senate and the Com- ‘‘(ii) not more than 25 percent of the shall establish a planning committee to as- mittee on Homeland Security of the House of amount awarded to the grant recipient may sist in preparation and revision of the State, Representatives a detailed and comprehen- be used to pay personnel costs not described regional, or local homeland security plan sive explanation of the methodology used to in clause (i). and to assist in determining effective fund- calculate risk and compute the allocation of ‘‘(B) WAIVER.—At the request of the recipi- ing priorities. funds under sections 2003 and 2004 of this ent of a grant under section 2003 or section ‘‘(2) COMPOSITION.— title, including— 2004, the Administrator may grant a waiver ‘‘(A) IN GENERAL.—The planning committee ‘‘(i) all variables included in the risk as- of any limitation under subparagraph (A). shall include representatives of significant sessment and the weights assigned to each; ‘‘(3) RECREATION.—Grants awarded under stakeholders, including— ‘‘(ii) an explanation of how each such vari- this title may not be used for recreational or ‘‘(i) local and tribal government officials; able, as weighted, correlates to risk, and the social purposes. and basis for concluding there is such a correla- ‘‘(b) MULTIPLE-PURPOSE FUNDS.—Nothing ‘‘(ii) emergency response providers, which tion; and in this title shall be construed to prohibit shall include representatives of the fire serv- ‘‘(iii) any change in the methodology from State, local, or tribal governments from ice, law enforcement, emergency medical re- the previous fiscal year, including changes in using grant funds under sections 2003 and sponse, and emergency managers. variables considered, weighting of those 2004 in a manner that enhances preparedness ‘‘(B) GEOGRAPHIC REPRESENTATION.—The variables, and computational methods. for disasters unrelated to acts of terrorism, members of the planning committee shall be ‘‘(B) CLASSIFIED ANNEX.—The information if such use assists such governments in a representative group of individuals from required under subparagraph (A) shall be achieving capabilities for terrorism pre- the counties, cities, towns, and Indian tribes provided in unclassified form to the greatest paredness established by the Administrator. within the State or metropolitan areas, in- extent possible, and may include a classified ‘‘(c) EQUIPMENT STANDARDS.—If an appli- cluding, as appropriate, representatives of annex if necessary. cant for a grant under this title proposes to rural, high-population, and high-threat juris- ‘‘(C) DEADLINE.—For each fiscal year, the upgrade or purchase, with assistance pro- dictions. information required under subparagraph (A) vided under that grant, new equipment or ‘‘(e) INTERAGENCY COORDINATION.—The Sec- shall be provided on the earlier of— systems that do not meet or exceed any ap- retary, through the Administrator, in co- ‘‘(i) October 31; or

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AUDITING. vent, prepare for, protect against, respond ‘‘(A) ACCESS TO INFORMATION.—Each recipi- ‘‘(a) AUDIT OF GRANTS UNDER THIS TITLE.— to, recover from, or mitigate against all haz- ent of a grant under this title and the De- ‘‘(1) IN GENERAL.—Not later than the date ards, including natural disasters, acts of ter- partment shall provide the Government Ac- described in paragraph (2), and every 2 years rorism, and other man-made disasters. countability Office with full access to infor- thereafter, the Inspector General of the De- ‘‘(b) AUDIT OF OTHER PREPAREDNESS mation regarding the activities carried out partment shall conduct an audit of each en- GRANTS.— under this title. tity that receives a grant under the Urban ‘‘(1) IN GENERAL.—Not later than the date ‘‘(B) AUDITS AND REPORTS.— Area Security Initiative, the State Home- described in paragraph (2), the Inspector ‘‘(i) AUDIT.—Not later than 12 months after land Security Grant Program, or the Emer- General of the Department shall conduct an the date of enactment of the Improving gency Management Performance Grant Pro- audit of each entity that receives a grant America’s Security Act of 2007, and periodi- gram to evaluate the use of funds under such under the Urban Area Security Initiative, cally thereafter, the Comptroller General of grant program by such entity. the State Homeland Security Grant Pro- the United States shall conduct an audit of ‘‘(2) TIMING.—The date described in this gram, or the Emergency Management Per- the Homeland Security Grant Program. paragraph is the later of 2 years after— formance Grant Program to evaluate the use by that entity of any grant for preparedness ‘‘(ii) REPORT.—The Comptroller General of ‘‘(A) the date of enactment of the Improv- the United States shall submit a report to ing America’s Security Act of 2007; and administered by the Department that was the Committee on Homeland Security and ‘‘(B) the date that an entity first receives awarded before the date of enactment of the Governmental Affairs of the Senate and the a grant under the Urban Area Security Ini- Improving America’s Security Act of 2007. IMING.—The date described in this Committee on Homeland Security of the tiative, the State Homeland Security Grant ‘‘(2) T paragraph is the later of 2 years after— House of Representatives on— Program, or the Emergency Management ‘‘(A) the date of enactment of the Improv- ‘‘(I) the results of any audit conducted Performance Grant Program, as the case ing America’s Security Act of 2007; and under clause (i), including an analysis of the may be. ‘‘(B) the date that an entity first receives purposes for which the grant funds author- ‘‘(3) CONTENTS.—Each audit under this sub- a grant under the Urban Area Security Ini- ized under this title are being spent; and section shall evaluate— tiative, the State Homeland Security Grant ‘‘(II) whether the grant recipients have al- ‘‘(A) the use of funds under the relevant Program, or the Emergency Management located funding consistent with the State grant program by an entity during the 2 full Performance Grant Program, as the case homeland security plan and the guidelines fiscal years before the date of that audit; may be. established by the Department. ‘‘(B) whether funds under that grant pro- ‘‘(3) CONTENTS.—Each audit under this sub- ‘‘(3) AUDIT REQUIREMENT.—Grant recipients gram were used by that entity as required by section shall evaluate— that expend $500,000 or more in grant funds law; and ‘‘(A) the use of funds by an entity under received under this title during any fiscal ‘‘(C)(i) for each grant under the Urban Area any grant for preparedness administered by year shall submit to the Administrator an Security Initiative or the State Homeland the Department that was awarded before the organization-wide financial and compliance Security Grant Program, the extent to date of enactment of the Improving Amer- audit report in conformance with the re- which funds under that grant were used to ica’s Security Act of 2007; quirements of chapter 75 of title 31, United prepare for, protect against, respond to, or ‘‘(B) whether funds under each such grant States Code. recover from acts of terrorism; and program were used by that entity as required ‘‘(4) RECOVERY AUDITS.—The Secretary ‘‘(ii) for each grant under the Emergency by law; and shall conduct a recovery audit (as that term Management Performance Grant Program, ‘‘(C) the extent to which such funds were is defined by the Director of the Office of the extent to which funds under that grant used to enhance preparedness. Management and Budget under section 3561 were used to prevent, prepare for, protect ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The of title 31, United States Code) for any grant against, respond to, recover from, or miti- Inspector General of the Department shall administered by the Department with a total gate against all hazards, including natural make each audit under this subsection avail- value of $1,000,000 or greater. disasters, acts of terrorism, and other man- able on the website of the Inspector General. ‘‘(c) REMEDIES FOR NONCOMPLIANCE.— made disasters. ‘‘(5) REPORTING.— ‘‘(1) IN GENERAL.—If the Administrator ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The ‘‘(A) IN GENERAL.—Not later than 2 years finds, after reasonable notice and an oppor- Inspector General of the Department shall and 60 days after the date of enactment of tunity for a hearing, that a recipient of a make each audit under this subsection avail- the Improving America’s Security Act of grant under this title has failed to substan- able on the website of the Inspector General. 2007, and annually thereafter, the Inspector tially comply with any provision of this ‘‘(5) REPORTING.— General of the Department shall submit to title, or with any regulations or guidelines of ‘‘(A) IN GENERAL.—Not later than 2 years Congress a consolidated report regarding the the Department regarding eligible expendi- and 60 days after the date of enactment of audits conducted under this subsection. tures, the Administrator shall— the Improving America’s Security Act of ‘‘(B) CONTENTS.—Each report submitted ‘‘(A) terminate any payment of grant funds 2007, and annually thereafter, the Inspector under this paragraph shall describe— to be made to the recipient under this title; General of the Department shall submit to ‘‘(i)(I) for the first such report, the audits ‘‘(B) reduce the amount of payment of Congress a consolidated report regarding the conducted under this subsection during the grant funds to the recipient by an amount audits conducted under this subsection. 2-year period beginning on the date of enact- equal to the amount of grants funds that ‘‘(B) CONTENTS.—Each report submitted ment of the Improving America’s Security were not expended by the recipient in ac- under this paragraph shall describe— Act of 2007; and cordance with this title; or ‘‘(i)(I) for the first such report, the audits ‘‘(II) for each subsequent such report, the ‘‘(C) limit the use of grant funds received conducted under this subsection during the audits conducted under this subsection dur- under this title to programs, projects, or ac- 2-year period beginning on the date of enact- ing the fiscal year before the date of the sub- tivities not affected by the failure to com- ment of the Improving America’s Security mission of that report; ply. Act of 2007; and ‘‘(ii) whether funds under each grant au- ‘‘(2) DURATION OF PENALTY.—The Adminis- ‘‘(II) for each subsequent such report, the dited were used as required by law; and trator shall apply an appropriate penalty audits conducted under this subsection dur- ‘‘(iii) the extent to which funds under each under paragraph (1) until such time as the ing the fiscal year before the date of the sub- grant audited were used to enhance pre- Secretary determines that the grant recipi- mission of that report; paredness. ent is in full compliance with this title or ‘‘(ii) whether funds under each grant au- ‘‘(c) FUNDING FOR AUDITS.— with applicable guidelines or regulations of dited during the period described in clause (i) ‘‘(1) IN GENERAL.—The Administrator shall the Department. that is applicable to such report were used as withhold 1 percent of the total amount of ‘‘(3) DIRECT FUNDING.—If a State fails to required by law; and each grant under the Urban Area Security substantially comply with any provision of ‘‘(iii)(I) for grants under the Urban Area Initiative, the State Homeland Security this title or with applicable guidelines or Security Initiative or the State Homeland Grant Program, and the Emergency Manage- regulations of the Department, including Security Grant Program audited, the extent ment Performance Grant Program for audits failing to provide local or tribal govern- to which, during the period described in under this section.

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‘‘(2) AVAILABILITY OF FUNDS.—The Adminis- ‘‘Sec. 1905. Relationship to other Depart- nation Working Group as described under trator shall make amounts withheld under ment entities and Federal agen- section 1805. this subsection available as follows: cies. ‘‘(3) APPROVAL.—The Administrator may ‘‘(A) Amounts withheld from grants under ‘‘Sec. 1906. Contracting and grant making not award a grant to a State unless the Ad- the Urban Area Security Initiative shall be authorities. ministrator, in consultation with the Direc- made available for audits under this section ‘‘TITLE XX—HOMELAND SECURITY tor for Emergency Communications, has ap- of entities receiving grants under the Urban GRANTS proved the applicable Statewide plan. Area Security Initiative. ‘‘Sec. 2001. Definitions. ‘‘(4) REVISIONS.—A State may revise the ‘‘(B) Amounts withheld from grants under ‘‘Sec. 2002. Homeland Security Grant Pro- applicable Statewide plan approved by the the State Homeland Security Grant Program gram. Administrator under this subsection, subject shall be made available for audits under this ‘‘Sec. 2003. Urban Area Security Initiative. to approval of the revision by the Adminis- section of entities receiving grants under the ‘‘Sec. 2004. State Homeland Security Grant trator. State Homeland Security Grant Program. Program. ‘‘(d) CONSISTENCY.—The Administrator ‘‘(C) Amounts withheld from grants under ‘‘Sec. 2005. Emergency Management Per- shall ensure that each grant is used to sup- the Emergency Management Performance formance Grants Program. plement and support, in a consistent and co- Grant Program shall be made available for ‘‘Sec. 2006. Terrorism prevention. ordinated manner, any applicable State, re- audits under this section of entities receiv- ‘‘Sec. 2007. Restrictions on use of funds. gional, or urban area homeland security ing grants under the Emergency Manage- ‘‘Sec. 2008. Administration and coordina- plan. ment Performance Grant Program. tion. ‘‘(e) USE OF GRANT FUNDS.—Grants award- ‘‘SEC. 2011. AUTHORIZATION OF APPROPRIA- ‘‘Sec. 2009. Accountability. ed under subsection (b) may be used for ini- TIONS. ‘‘Sec. 2010. Auditing. tiatives to achieve, maintain, or enhance ‘‘(a) GRANTS.— ‘‘Sec. 2011. Authorization of appropria- emergency communications operability and ‘‘(1) IN GENERAL.—There is authorized to be tions.’’. interoperable communications, including— appropriated for the Homeland Security TITLE III—COMMUNICATIONS ‘‘(1) Statewide or regional communications Grant Program established under section OPERABILITY AND INTEROPERABILITY planning, including governance related ac- tivities; 2002 of this title for each of fiscal years 2008, SEC. 301. DEDICATED FUNDING TO ACHIEVE 2009, and 2010, $3,105,000,000, to be allocated as EMERGENCY COMMUNICATIONS ‘‘(2) system design and engineering; follows: OPERABILITY AND INTEROPERABLE ‘‘(3) system procurement and installation; ‘‘(A) For grants under the Urban Area Se- COMMUNICATIONS. ‘‘(4) exercises; curity Initiative under section 2003, (a) EMERGENCY COMMUNICATIONS OPER- ‘‘(5) modeling and simulation exercises for $1,278,639,000. ABILITY AND INTEROPERABLE COMMUNICA- operational command and control functions; ‘‘(B) For grants under the State Homeland TIONS.— ‘‘(6) technical assistance; Security Grant Program established under (1) IN GENERAL.—Title XVIII of the Home- ‘‘(7) training; and section 2004, $913,180,500. land Security Act of 2002 (6 U.S.C. 571 et seq.) ‘‘(8) other appropriate activities deter- ‘‘(C) For grants under the Emergency Man- (relating to emergency communications) is mined by the Administrator to be integral to agement Performance Grant Program estab- amended by adding at the end the following: achieve, maintain, or enhance emergency lished under section 2005, $913,180,500. ‘‘SEC. 1809. EMERGENCY COMMUNICATIONS communications operability and interoper- ‘‘(2) SUBSEQUENT YEARS.—There is author- OPERABILITY AND INTEROPERABLE able communications. ized to be appropriated for the Homeland Se- COMMUNICATIONS GRANTS. ‘‘(f) APPLICATION.— curity Grant Program established under sec- ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—A State desiring a grant tion 2002 of this title such sums as are nec- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- under this section shall submit an applica- essary for fiscal year 2011 and each fiscal trator’ means the Administrator of the Fed- tion at such time, in such manner, and ac- year thereafter. eral Emergency Management Agency. companied by such information as the Ad- ‘‘(b) PROPORTIONATE ALLOCATION.—Regard- ‘‘(2) EMERGENCY COMMUNICATIONS OPER- ministrator may reasonably require. less of the amount appropriated for the ABILITY.—The term ‘emergency communica- ‘‘(2) MINIMUM CONTENTS.—At a minimum, Homeland Security Grant Program in any tions operability’ means the ability to pro- each application submitted under paragraph fiscal year, the appropriated amount shall, vide and maintain, throughout an emergency (1) shall— in each fiscal year, be allocated among the response operation, a continuous flow of in- ‘‘(A) identify the critical aspects of the grant programs under sections 2003, 2004, and formation among emergency response pro- communications life cycle, including plan- 2005 in direct proportion to the amounts allo- viders, agencies, and government officers ning, system design and engineering, pro- cated under paragraph (a)(1) of this sec- from multiple disciplines and jurisdictions curement and installation, and training for tion.’’. and at all levels of government, in the event which funding is requested; SEC. 203. TECHNICAL AND CONFORMING AMEND- of a natural disaster, act of terrorism, or ‘‘(B) describe how— MENTS. other man-made disaster, including where ‘‘(i) the proposed use of funds— ‘‘(I) would be consistent with and address (a) IN GENERAL.—The Homeland Security there has been significant damage to, or de- Act of 2002 (6 U.S.C. 101 et seq.) is amended— struction of, critical infrastructure, includ- the goals in any applicable State, regional, (1) by redesignating title XVIII, as added ing substantial loss of ordinary tele- or urban homeland security plan; and by the SAFE Port Act (Public Law 109–347; communications infrastructure and sus- ‘‘(II) unless the Administrator determines 120 Stat. 1884), as title XIX; tained loss of electricity. otherwise, are— (2) by redesignating sections 1801 through ‘‘(b) IN GENERAL.—The Administrator shall ‘‘(aa) consistent with the National Emer- 1806, as added by the SAFE Port Act (Public make grants to States for initiatives nec- gency Communications Plan under section Law 109–347; 120 Stat. 1884), as sections 1901 essary to achieve, maintain, or enhance 1802; and through 1906, respectively; Statewide, regional, national and, as appro- ‘‘(bb) compatible with the national infra- (3) in section 1904(a), as so redesignated, by priate, international emergency communica- structure and national voluntary consensus striking ‘‘section 1802’’ and inserting ‘‘sec- tions operability and interoperable commu- standards; tion 1902’’; and nications. ‘‘(ii) the applicant intends to spend funds (4) in section 1906, as so redesignated, by ‘‘(c) STATEWIDE INTEROPERABLE COMMU- under the grant, to administer such funds, striking ‘‘section 1802(a)’’ each place that NICATIONS PLANS.— and to allocate such funds among partici- term appears and inserting ‘‘section 1902(a)’’. ‘‘(1) SUBMISSION OF PLANS.—The Adminis- pating local and tribal governments and trator shall require any State applying for a emergency response providers; (b) TABLE OF CONTENTS.—The table of con- tents in section 1(b) of the Homeland Secu- grant under this section to submit a State- ‘‘(iii) the State plans to allocate the grant rity Act of 2002 (6 U.S.C. 101 note) is amended wide Interoperable Communications Plan as funds on the basis of risk and effectiveness by striking the items relating to title XVIII described under section 7303(f) of the Intel- to regions, local and tribal governments to and sections 1801 through 1806, as added by ligence Reform and Terrorism Prevention promote meaningful investments for achiev- the SAFE Port Act (Public Law 109–347; 120 Act of 2004 (6 U.S.C. 194(f)). ing, maintaining, or enhancing emergency Stat. 1884), and inserting the following: ‘‘(2) COORDINATION AND CONSULTATION.—The communications operability and interoper- Statewide plan submitted under paragraph able communications; ‘‘TITLE XIX—DOMESTIC NUCLEAR (1) shall be developed— ‘‘(iv) the State intends to address the DETECTION OFFICE ‘‘(A) in coordination with local and tribal emergency communications operability and ‘‘Sec. 1901. Domestic Nuclear Detection Of- governments, emergency response providers, interoperable communications needs at the fice. and other relevant State officers; and city, county, regional, State, and interstate ‘‘Sec. 1902. Mission of Office. ‘‘(B) in consultation with and subject to level; and ‘‘Sec. 1903. Hiring authority. appropriate comment by the applicable Re- ‘‘(v) the State plans to emphasize regional ‘‘Sec. 1904. Testing authority. gional Emergency Communications Coordi- planning and cooperation, both within the

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jurisdictional borders of that State and with ‘‘(A) IN GENERAL.—The Secretary shall es- communications identified in the applicable neighboring States; tablish a review panel under section 871(a) to Statewide plan and application have been ‘‘(C) be consistent with the Statewide assist in reviewing grant applications under achieved, maintained, or enhanced as the re- Interoperable Communications Plan required this section. sult of the expenditure of grant funds; and under section 7303(f) of the Intelligence Re- ‘‘(B) RECOMMENDATIONS.—The review panel ‘‘(v) the extent to which emergency com- form and Terrorism Prevention Act of 2004 (6 established under subparagraph (A) shall munications operability and interoperable U.S.C. 194(f)); and make recommendations to the Adminis- communications identified in the applicable ‘‘(D) include a capital budget and timeline trator regarding applications for grants Statewide plan and application remain showing how the State intends to allocate under this section. unmet. and expend the grant funds. ‘‘(C) MEMBERSHIP.—The review panel estab- ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—The ‘‘(g) AWARD OF GRANTS.— lished under subparagraph (A) shall include— Administrator shall make each report sub- ‘‘(1) CONSIDERATIONS.—In approving appli- ‘‘(i) individuals with technical expertise in mitted under subparagraph (A) publicly cations and awarding grants under this sec- emergency communications operability and available on the website of the Federal tion, the Administrator shall consider— interoperable communications; Emergency Management Agency. The Ad- ‘‘(A) the nature of the threat to the State ‘‘(ii) emergency response providers; and ministrator may redact such information from a natural disaster, act of terrorism, or ‘‘(iii) other relevant State and local offi- from the reports as the Administrator deter- other man-made disaster; cers. mines necessary to protect national secu- ‘‘(B) the location, risk, or vulnerability of ‘‘(3) MINIMUM GRANT AMOUNTS.—The Ad- rity. critical infrastructure and key national as- ministrator shall ensure that for each fiscal ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a sets, including the consequences from dam- year— State fails to provide the information re- age to critical infrastructure in nearby juris- ‘‘(A) no State receives less than an amount quired by the Administrator under para- dictions as a result of natural disasters, acts equal to 0.75 percent of the total funds appro- graph (3), the Administrator may— of terrorism, or other man-made disasters; priated for grants under this section; and ‘‘(A) reduce grant payments to the State ‘‘(C) the size of the population of the State, ‘‘(B) American Samoa, the Commonwealth from the portion of grant funds that are not including appropriate consideration of mili- of the Northern Mariana Islands, Guam, and required to be passed through under para- tary, tourist, and commuter populations; the Virgin Islands each receive no less than graph (1); ‘‘(D) the population density of the State; 0.25 percent of the amounts appropriated for ‘‘(B) terminate payment of funds under the ‘‘(E) the extent to which grants will be uti- grants under this section. grant to the State, and transfer the appro- lized to implement emergency communica- ‘‘(4) AVAILABILITY OF FUNDS.—Any grant priate portion of those funds directly to local tions operability and interoperable commu- funds awarded that may be used to support and tribal governments and emergency re- nications solutions— emergency communications operability or sponse providers that were intended to re- ‘‘(i) consistent with the National Emer- interoperable communications shall, as the ceive funding under that grant; or gency Communications Plan under section Administrator may determine, remain avail- ‘‘(C) impose additional restrictions or bur- 1802 and compatible with the national infra- able for up to 3 years, consistent with sec- dens on the use of funds by the State under structure and national voluntary consensus tion 7303(e) of the Intelligence Reform and the grant, which may include— Terrorism Prevention Act of 2004 (6 U.S.C. standards; and ‘‘(i) prohibiting use of such funds to pay 194(e)). ‘‘(ii) more efficient and cost effective than the grant-related expenses of the State; or ‘‘(h) STATE RESPONSIBILITIES.— current approaches; ‘‘(ii) requiring the State to distribute to ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND ‘‘(F) the extent to which a grant would ex- local and tribal government and emergency TRIBAL GOVERNMENTS.—The Administrator pedite the achievement, maintenance, or en- shall determine a date by which a State that response providers all or a portion of grant hancement of emergency communications receives a grant shall obligate or otherwise funds that are not required to be passed operability and interoperable communica- make available to local and tribal govern- through under paragraph (1). tions in the State with Federal, State, local, ments and emergency response providers— ‘‘(i) PROHIBITED USES.—Grants awarded and tribal governments; ‘‘(A) not less than 80 percent of the funds of under this section may not be used for rec- ‘‘(G) the extent to which a State, given its the amount of the grant; reational or social purposes. financial capability, demonstrates its com- ‘‘(B) resources purchased with the grant ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— mitment to achieve, maintain, or enhance funds having a value equal to not less than 80 There are authorized to be appropriated for emergency communications operability and percent of the total amount of the grant; or grants under this section— interoperable communications by ‘‘(C) grant funds combined with resources ‘‘(1) $400,000,000 for fiscal year 2008; supplementing Federal funds with non-Fed- purchased with the grant funds having a ‘‘(2) $500,000,000 for fiscal year 2009; eral funds; value equal to not less than 80 percent of the ‘‘(3) $600,000,000 for fiscal year 2010; ‘‘(H) whether the State is on or near an total amount of the grant. ‘‘(4) $800,000,000 for fiscal year 2011; international border; ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU- ‘‘(5) $1,000,000,000 for fiscal year 2012; and ‘‘(I) whether the State encompasses an eco- TION OF GRANT FUNDS TO LOCAL AND TRIBAL ‘‘(6) such sums as necessary for each fiscal nomically significant border crossing; GOVERNMENTS.—Any State that receives a year thereafter.’’. ‘‘(J) whether the State has a coastline bor- grant shall certify to the Administrator, by (2) TECHNICAL AND CONFORMING AMEND- dering an ocean, a major waterway used for not later than 30 days after the date de- MENT.—The table of contents under section interstate commerce, or international scribed under paragraph (1) with respect to 1(b) of the Homeland Security Act of 2002 (6 waters; the grant, that the State has made available U.S.C. 101) is amended by inserting after the ‘‘(K) the extent to which geographic bar- for expenditure by local or tribal govern- item relating to section 1808 the following: riers pose unusual obstacles to achieving, ments and emergency response providers the ‘‘Sec. 1809. Emergency communications maintaining, or enhancing emergency com- required amount of grant funds under para- operability and interoperable munications operability or interoperable graph (1). communications grants.’’ communications; ‘‘(3) REPORT ON GRANT SPENDING.— ‘‘(L) the threats, vulnerabilities, and con- ‘‘(A) IN GENERAL.—Any State that receives (b) INTEROPERABLE COMMUNICATIONS sequences faced by the State related to at- a grant shall submit a spending report to the PLANS.—Section 7303 of the Intelligence Re- risk sites or activities in nearby jurisdic- Administrator at such time, in such manner, form and Terrorist Prevention Act of 2004 (6 tions, including the need to respond to nat- and accompanied by such information as the U.S.C. 194) is amended— ural disasters, acts of terrorism, and other Administrator may reasonably require. (1) in subsection (f)— man-made disasters arising in those jurisdic- ‘‘(B) MINIMUM CONTENTS.—At a minimum, (A) in paragraph (4), by striking ‘‘and’’ at tions; each report under this paragraph shall in- the end; ‘‘(M) the need to achieve, maintain, or en- clude— (B) in paragraph (5), by striking the period hance nationwide emergency communica- ‘‘(i) the amount, ultimate recipients, and at the end and inserting a semicolon; and tions operability and interoperable commu- dates of receipt of all funds received under (C) by adding at the end the following: nications, consistent with the National the grant; ‘‘(6) include information on the governance Emergency Communications Plan under sec- ‘‘(ii) the amount and the dates of disburse- structure used to develop the plan, such as tion 1802; ments of all such funds expended in compli- all agencies and organizations that partici- ‘‘(N) whether the activity for which a ance with paragraph (1) or under mutual aid pated in developing the plan and the scope grant is requested is being funded under an- agreements or other intrastate and inter- and timeframe of the plan; and other Federal or State emergency commu- state sharing arrangements, as applicable; ‘‘(7) describe the method by which multi- nications grant program; and ‘‘(iii) how the funds were used by each ulti- jurisdictional, multi-disciplinary input was ‘‘(O) such other factors as are specified by mate recipient or beneficiary; provided from all regions of the jurisdiction the Administrator in writing. ‘‘(iv) the extent to which emergency com- and the process for continuing to incorporate ‘‘(2) REVIEW PANEL.— munications operability and interoperable such input.’’; and

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(2) in subsection (g)(1), by striking ‘‘or (d) REPORTING.— the program would not compromise the law video’’ and inserting ‘‘and video’’. (1) IN GENERAL.—Not later than December enforcement, security interests, or enforce- (c) NATIONAL EMERGENCY COMMUNICATIONS 31, 2007, and each year thereafter in which ment of the immigration laws of the United PLAN.—Section 1802(c) of the Homeland Se- funds are appropriated for a demonstration States; curity Act of 2002 (6 U.S.C. 652(c)) is amend- project, the Secretary shall submit to the ‘‘(iii) there has been a sustained reduction ed— Committee on Homeland Security and Gov- in visa refusal rates for aliens from the coun- (1) in paragraph (8), by striking ‘‘and’’ at ernmental Affairs of the Senate and the try and conditions exist to continue such re- the end; Committee on Homeland Security of the duction; and (2) in paragraph (9), by striking the period House of Representatives a report on the ‘‘(iv) the country cooperated with the Gov- at the end and inserting a semicolon; and demonstration projects. ernment of the United States on counterter- (3) by adding at the end the following: (2) CONTENTS.—Each report under this sub- rorism initiatives and information sharing ‘‘(10) set a date, including interim bench- section shall contain the following: before the date of its designation as a pro- marks, as appropriate, by which State, local, (A) The name and location of all commu- gram country, and the Secretary of Home- and tribal governments, Federal depart- nities involved in the demonstration project. land Security and the Secretary of State ex- ments and agencies, emergency response pro- (B) The amount of funding provided to pect such cooperation will continue. viders, and the private sector will achieve each State for the demonstration project. ‘‘(9) DISCRETIONARY SECURITY-RELATED CON- interoperable communications as that term (C) An evaluation of the usefulness of the SIDERATIONS.— is defined under section 7303(g)(1) of the In- demonstration project towards developing an ‘‘(A) IN GENERAL.—In determining whether telligence Reform and Terrorism Prevention effective interoperable communications sys- to waive the application of paragraph (2)(A) Act of 2004 (6 U.S.C. 194(g)(1).’’. tem at the borders. for a country, pursuant to paragraph (8), the SEC. 302. BORDER INTEROPERABILITY DEM- (D) The factors that were used in deter- Secretary of Homeland Security, in con- ONSTRATION PROJECT. mining how to distribute the funds in a risk- sultation with the Secretary of State, shall (a) IN GENERAL.— based manner. take into consideration other factors affect- (1) ESTABLISHMENT.—There is established (E) The specific risks inherent to a border ing the security of the United States, includ- in the Department an International Border community that make interoperable commu- ing— Community Interoperable Communications nications more difficult than in non-border ‘‘(i) airport security standards in the coun- Demonstration Project (referred to in this communities. try; section as ‘‘demonstration project’’). (F) The optimal ways to prioritize funding ‘‘(ii) whether the country assists in the op- (2) MINIMUM NUMBER OF COMMUNITIES.—The for interoperable communication systems eration of an effective air marshal program; Secretary shall select no fewer than 6 com- based upon risk. ‘‘(iii) the standards of passports and travel munities to participate in a demonstration (e) AUTHORIZATION OF APPROPRIATIONS.— documents issued by the country; and project. There are authorized to be appropriated such ‘‘(iv) other security-related factors. (3) LOCATION OF COMMUNITIES.—No fewer sums as are necessary in each of fiscal years than 3 of the communities selected under ‘‘(B) OVERSTAY RATES.—In determining 2007, 2008, and 2009 to carry out this section. paragraph (2) shall be located on the north- whether to permit a country to participate ern border of the United States and no fewer TITLE IV—ENHANCING SECURITY OF in the program, the Secretary of Homeland than 3 of the communities selected under INTERNATIONAL TRAVEL Security shall consider the estimated rate at paragraph (2) shall be located on the south- SEC. 401. MODERNIZATION OF THE VISA WAIVER which nationals of the country violate the ern border of the United States. PROGRAM. terms of their visas by remaining in the (b) PROGRAM REQUIREMENTS.—The dem- (a) SHORT TITLE.—This section may be United States after the expiration of such onstration projects shall— cited as the ‘‘Secure Travel and Counterter- visas.’’. (1) address the interoperable communica- rorism Partnership Act’’. (d) SECURITY ENHANCEMENTS TO THE VISA tions needs of emergency response providers (b) SENSE OF CONGRESS.—It is the sense of WAIVER PROGRAM.— and the National Guard; Congress that— (1) IN GENERAL.—Section 217 of the Immi- (2) foster interoperable emergency commu- (1) the United States should modernize the gration and Nationality Act (8 U.S.C. 1187) is nications systems— visa waiver program by simultaneously— amended— (A) among Federal, State, local, and tribal (A) enhancing program security require- (A) in subsection (a)— government agencies in the United States in- ments; and (i) by striking ‘‘Operators of aircraft’’ and volved in preventing or responding to a nat- (B) extending visa-free travel privileges to inserting the following: ural disaster, act of terrorism, or other man- nationals of foreign countries that are allies ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI- made disaster; and in the war on terrorism; and FICATION INFORMATION.—Operators of air- (B) with similar agencies in Canada or (2) the expansion described in paragraph (1) craft’’; and Mexico; will— (ii) by adding at the end the following: (3) identify common international cross- (A) enhance bilateral cooperation on crit- ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE border frequencies for communications ical counterterrorism and information shar- ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.— equipment, including radio or computer mes- ing initiatives; Beginning on the date on which the elec- saging equipment; (B) support and expand tourism and busi- tronic travel authorization system developed (4) foster the standardization of interoper- ness opportunities to enhance long-term eco- under subsection (h)(3) is fully operational, able emergency communications equipment; nomic competitiveness; and each alien traveling under the program shall, (5) identify solutions that will facilitate (C) strengthen bilateral relationships. before applying for admission, electronically interoperable communications across na- (c) DISCRETIONARY VISA WAIVER PROGRAM provide basic biographical information to tional borders expeditiously; EXPANSION.—Section 217(c) of the Immigra- the system. Upon review of such biographical (6) ensure that emergency response pro- tion and Nationality Act (8 U.S.C. 1187(c)) is information, the Secretary of Homeland Se- viders can communicate with each other and amended by adding at the end the following: curity shall determine whether the alien is the public at disaster sites; ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE eligible to travel to the United States under (7) provide training and equipment to en- FLEXIBILITY.— the program.’’; able emergency response providers to deal ‘‘(A) CERTIFICATION.—On the date on which (B) in subsection (c), as amended by sub- with threats and contingencies in a variety an air exit system is in place that can verify section (c) of this section— of environments; and the departure of not less than 97 percent of (i) in paragraph (2)— (8) identify and secure appropriate joint- foreign nationals that exit through airports (I) by amending subparagraph (D) to read use equipment to ensure communications ac- of the United States, the Secretary of Home- as follows: cess. land Security shall certify to Congress that ‘‘(D) REPORTING LOST AND STOLEN PASS- (c) DISTRIBUTION OF FUNDS.— such air exit system is in place. PORTS.—The government of the country en- (1) IN GENERAL.—The Secretary shall dis- ‘‘(B) WAIVER.—After certification by the ters into an agreement with the United tribute funds under this section to each com- Secretary under subparagraph (A), the Sec- States to report, or make available through munity participating in a demonstration retary of Homeland Security, in consultation Interpol, to the United States Government project through the State, or States, in with the Secretary of State, may waive the information about the theft or loss of pass- which each community is located. application of paragraph (2)(A) for a country ports within a strict time limit and in a (2) OTHER PARTICIPANTS.—Not later than 60 if— manner specified in the agreement.’’; and days after receiving funds under paragraph ‘‘(i) the country meets all security require- (II) by adding at the end the following: (1), a State shall make the funds available to ments of this section; ‘‘(E) REPATRIATION OF ALIENS.—The govern- the local and tribal governments and emer- ‘‘(ii) the Secretary of Homeland Security ment of a country accepts for repatriation gency response providers selected by the determines that the totality of the country’s any citizen, former citizen, or national Secretary to participate in a demonstration security risk mitigation measures provide against whom a final executable order of re- project. assurance that the country’s participation in moval is issued not later than 3 weeks after

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the issuance of the final order of removal. have jurisdiction to review an eligibility de- ‘‘(d) DIRECTOR.—The Secretary of Home- Nothing in this subparagraph creates any termination under the System. land Security shall nominate an official of duty for the United States or any right for ‘‘(D) REPORT.—Not later than 60 days be- the Government of the United States to any alien with respect to removal or release. fore publishing notice regarding the imple- serve as the Director of the Center, in ac- Nothing in this subparagraph gives rise to mentation of the System in the Federal Reg- cordance with the requirements of the any cause of action or claim under this para- ister, the Secretary of Homeland Security memorandum of understanding entitled the graph or any other law against any official shall submit a report regarding the imple- ‘Human Smuggling and Trafficking Center of the United States or of any State to com- mentation of the System to— (HSTC) Charter’. pel the release, removal, or consideration for ‘‘(i) the Committee on Homeland Security ‘‘(e) STAFFING OF THE CENTER.— release or removal of any alien. and Governmental Affairs of the Senate; ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(F) PASSENGER INFORMATION EXCHANGE.— ‘‘(ii) the Committee on the Judiciary of the land Security, in cooperation with heads of The government of the country enters into Senate; other relevant agencies and departments, an agreement with the United States to ‘‘(iii) the Select Committee on Intelligence shall ensure that the Center is staffed with share information regarding whether nation- of the Senate; not fewer than 40 full-time equivalent posi- als of that country traveling to the United ‘‘(iv) the Committee on Appropriations of tions, including, as appropriate, detailees States represent a threat to the security or the Senate; from the following: welfare of the United States or its citi- ‘‘(v) the Committee on Homeland Security ‘‘(A) The Office of Intelligence and Anal- zens.’’;. of the House of Representatives; ysis. (ii) in paragraph (5)— ‘‘(vi) the Committee on the Judiciary of ‘‘(B) The Transportation Security Admin- (I) by striking ‘‘Attorney General’’ each the House of Representatives; istration. place it appears and inserting ‘‘Secretary of ‘‘(vii) the Permanent Select Committee on ‘‘(C) The United States Citizenship and Im- Homeland Security’’; and Intelligence of the House of Representatives; migration Services. (II) in subparagraph (A)(i)— and ‘‘(D) The United States Customs and Bor- (aa) in subclause (II), by striking ‘‘and’’ at ‘‘(viii) the Committee on Appropriations of der Protection. the end; the House of Representatives.’’. ‘‘(E) The United States Coast Guard. (bb) in subclause (III), by striking the pe- (2) EFFECTIVE DATE.—Section 217(a)(11) of ‘‘(F) The United States Immigration and riod at the end and inserting ‘‘; and’’; and the Immigration and Nationality Act, as Customs Enforcement. (cc) by adding at the end the following: added by paragraph (1)(A)(ii) shall take ef- ‘‘(G) The Central Intelligence Agency. ‘‘(IV) shall submit to Congress a report re- fect on the date which is 60 days after the ‘‘(H) The Department of Defense. garding the implementation of the electronic date on which the Secretary of Homeland Se- ‘‘(I) The Department of the Treasury. travel authorization system under sub- curity publishes notice in the Federal Reg- ‘‘(J) The National Counterterrorism Cen- section (h)(3) and the participation of new ister of the requirement under such para- ter. countries in the program through a waiver graph. ‘‘(K) The National Security Agency. (e) EXIT SYSTEM.— under paragraph (8).’’; and ‘‘(L) The Department of Justice. (1) IN GENERAL.—Not later than 1 year after (iii) by adding at the end the following: ‘‘(M) The Department of State. the date of enactment of this Act, the Sec- ‘‘(10) TECHNICAL ASSISTANCE.—The Sec- ‘‘(N) Any other relevant agency or depart- retary of Homeland Security shall establish retary of Homeland Security, in consultation ment. an exit system that records the departure on with the Secretary of State, shall provide ‘‘(2) EXPERTISE OF DETAILEES.—The Sec- a flight leaving the United States of every technical assistance to program countries to retary of Homeland Security, in cooperation alien participating in the visa waiver pro- assist those countries in meeting the re- with the head of each agency, department, or gram established under section 217 of the Im- quirements under this section.’’; other entity set out under paragraph (1), migration and Nationality Act (8 U.S.C. (C) in subsection (f)(5), by striking ‘‘of shall ensure that the detailees provided to 1187). blank’’ and inserting ‘‘or loss of’’; and the Center under paragraph (1) include an (2) SYSTEM REQUIREMENTS.—The system es- (D) in subsection (h), by adding at the end adequate number of personnel with experi- tablished under paragraph (1) shall— the following: ence in the area of— (A) match biometric information of the ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION ‘‘(A) consular affairs; alien against relevant watch lists and immi- SYSTEM.— ‘‘(B) counterterrorism; gration information; and ‘‘(A) SYSTEM.—The Secretary of Homeland ‘‘(C) criminal law enforcement; (B) compare such biometric information Security, in consultation with the Secretary ‘‘(D) intelligence analysis; against manifest information collected by of State, is authorized to develop and imple- ‘‘(E) prevention and detection of document air carriers on passengers departing the ment a fully automated electronic travel au- fraud; United States to confirm such individuals thorization system (referred to in this para- ‘‘(F) border inspection; or have departed the United States. graph as the ‘System’) to collect such basic ‘‘(G) immigration enforcement. (3) REPORT.—Not later than 180 days after biographical information as the Secretary of ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the date of enactment of this Act, the Sec- Homeland Security determines to be nec- the extent that funds are available for such retary shall submit a report to Congress that essary to determine, in advance of travel, purpose, the Secretary of Homeland Security describes— the eligibility of an alien to travel to the shall provide reimbursement to each agency (A) the progress made in developing and United States under the program. or department that provides a detailee to the deploying the exit system established under ‘‘(B) FEES.—The Secretary of Homeland Center, in such amount or proportion as is this subsection; and Security may charge a fee for the use of the appropriate for costs associated with the (B) the procedures by which the Secretary System, which shall be— provision of such detailee, including costs for will improve the manner of calculating the ‘‘(i) set at a level that will ensure recovery travel by, and benefits provided to, such rates of nonimmigrants who violate the of the full costs of providing and admin- detailee. terms of their visas by remaining in the istering the System; and ‘‘(f) ADMINISTRATIVE SUPPORT AND FUND- United States after the expiration of such ‘‘(ii) available to pay the costs incurred to ING.—The Secretary of Homeland Security visas. administer the System. (f) AUTHORIZATION OF APPROPRIATIONS.— shall provide to the Center the administra- ‘‘(C) VALIDITY.— There are authorized to be appropriated such tive support and funding required for its ‘‘(i) PERIOD.—The Secretary of Homeland sums as may be necessary to carry out this maintenance, including funding for per- Security, in consultation with the Secretary section and the amendments made by this sonnel, leasing of office space, supplies, of State shall prescribe regulations that pro- section. equipment, technology, training, and travel vide for a period, not to exceed 3 years, dur- SEC. 402. STRENGTHENING THE CAPABILITIES OF expenses necessary for the Center to carry ing which a determination of eligibility to THE HUMAN SMUGGLING AND TRAF- out its functions.’’. travel under the program will be valid. Not- FICKING CENTER. (b) REPORT.—Subsection (g) of section 7202 withstanding any other provision under this (a) IN GENERAL.—Section 7202 of the Intel- of the Intelligence Reform and Terrorism section, the Secretary of Homeland Security ligence Reform and Terrorism Prevention Prevention Act of 2004 (8 U.S.C. 1777), as re- may revoke any such determination at any Act of 2004 (8 U.S.C. 1777) is amended— designated by subsection (a)(2), is amended— time and for any reason. (1) in subsection (c)(1), by striking ‘‘ad- (1) in the heading, by striking ‘‘REPORT’’ ‘‘(ii) LIMITATION.—A determination that an dress’’ and inserting ‘‘integrate and dissemi- and inserting ‘‘INITIAL REPORT’’; alien is eligible to travel to the United nate intelligence and information related (2) by redesignating such subsection (g) as States under the program is not a deter- to’’; paragraph (1); mination that the alien is admissible to the (2) by redesignating subsections (d) and (e) (3) by indenting such paragraph, as so des- United States. as subsections (g) and (h), respectively; and ignated, four ems from the left margin; ‘‘(iii) JUDICIAL REVIEW.—Notwithstanding (3) by inserting after subsection (c) the fol- (4) by inserting before such paragraph, as any other provision of law, no court shall lowing new subsections: so designated, the following:

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‘‘(g) REPORT.—’’; and ‘‘(iii) the United States Citizenship and Im- duced, considering the potential increase in (5) by inserting after such paragraph, as so migration Services; the number of applications. designated, the following new paragraph: ‘‘(iv) the Transportation Security Adminis- TITLE V—PRIVACY AND CIVIL LIBERTIES ‘‘(2) FOLLOW-UP REPORT.—Not later than 180 tration; and MATTERS days after the date of enactment of the Im- ‘‘(v) the United States Coast Guard; and SEC. 501. MODIFICATION OF AUTHORITIES RE- proving America’s Security Act of 2007, the ‘‘(B) between the Department of Homeland LATING TO PRIVACY AND CIVIL LIB- President shall transmit to Congress a re- Security and other appropriate Federal agen- ERTIES OVERSIGHT BOARD. port regarding the operation of the Center cies; and (a) MODIFICATION OF AUTHORITIES.—Section and the activities carried out by the Center, ‘‘(5) serving as the Secretary’s primary 1061 of the National Security Intelligence including a description of— point of contact with the National Counter- Reform Act of 2004 (title I of Public Law 108– ‘‘(A) the roles and responsibilities of each terrorism Center for implementing initia- 458; 5 U.S.C. 601 note) is amended to read as agency or department that is participating tives related to terrorist travel and ensuring follows: in the Center; that the recommendations of the Center re- ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVER- ‘‘(B) the mechanisms used to share infor- lated to terrorist travel are carried out by SIGHT BOARD. mation among each such agency or depart- the Department. ‘‘(a) IN GENERAL.—There is established ment; ‘‘(d) REPORT.—Not later than 180 days after within the Executive Office of the President ‘‘(C) the staff provided to the Center by the date of enactment of the Improving a Privacy and Civil Liberties Oversight each such agency or department; America’s Security Act of 2007, the Sec- Board (referred to in this section as the ‘‘(D) the type of information and reports retary of Homeland Security shall submit to ‘Board’). being disseminated by the Center; and the Committee on Homeland Security and ‘‘(b) FINDINGS.—Consistent with the report ‘‘(E) any efforts by the Center to create a Governmental Affairs of the Senate and the of the National Commission on Terrorist At- centralized Federal Government database to Committee on Homeland Security of the tacks Upon the United States, Congress store information related to illicit travel of House of Representatives a report on the im- makes the following findings: foreign nationals, including a description of plementation of this section.’’. ‘‘(1) In conducting the war on terrorism, any such database and of the manner in SEC. 404. ENHANCED DRIVER’S LICENSE. the Government may need additional powers which information utilized in such a data- Section 7209(b)(1) of the Intelligence Re- and may need to enhance the use of its exist- base would be collected, stored, and shared.’’. form and Terrorism Prevention Act of 2004 (8 ing powers. (c) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 1185 note) is amended— ‘‘(2) This shift of power and authority to There are authorized to be appropriated to (1) in subparagraph (B)— the Government calls for an enhanced sys- the Secretary to carry out section 7202 of the (A) in clause (vi), by striking ‘‘and’’ at the tem of checks and balances to protect the Intelligence Reform and Terrorism Preven- end; precious liberties that are vital to our way of tion Act of 2004 (8 U.S.C. 1777), as amended by (B) in clause (vii), by striking the period at life and to ensure that the Government uses this section, $20,000,000 for fiscal year 2008. the end and inserting ‘‘; and’’; and its powers for the purposes for which the SEC. 403. ENHANCEMENTS TO THE TERRORIST (C) by adding at the end the following: powers were given. TRAVEL PROGRAM. ‘‘(viii) the signing of a memorandum of ‘‘(c) PURPOSE.—The Board shall— Section 7215 of the Intelligence Reform and agreement to initiate a pilot program with ‘‘(1) analyze and review actions the execu- Terrorism Prevention Act of 2004 (6 U.S.C. not less than 1 State to determine if an en- tive branch takes to protect the Nation from 123) is amended to read as follows: hanced driver’s license, which is machine- terrorism, ensuring that the need for such ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. readable and tamper proof, not valid for cer- actions is balanced with the need to protect ‘‘(a) REQUIREMENT TO ESTABLISH.—Not tification of citizenship for any purpose privacy and civil liberties; and later than 90 days after the date of enact- other than admission into the United States ‘‘(2) ensure that liberty concerns are appro- ment of the Improving America’s Security from Canada, and issued by such State to an priately considered in the development and Act of 2007, the Secretary of Homeland Secu- individual, may permit the individual to use implementation of laws, regulations, and rity, in consultation with the Director of the the driver’s license to meet the documenta- policies related to efforts to protect the Na- National Counterterrorism Center and con- tion requirements under subparagraph (A) tion against terrorism. sistent with the strategy developed under for entry into the United States from Canada ‘‘(d) FUNCTIONS.— section 7201, shall establish a program to at the land and sea ports of entry.’’; and ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVEL- oversee the implementation of the Sec- (2) by adding at the end the following: OPMENT AND IMPLEMENTATION.—The Board retary’s responsibilities with respect to ter- ‘‘(C) REPORT.—Not later than 180 days after shall— rorist travel. the initiation of the pilot program described ‘‘(A) review proposed legislation, regula- ‘‘(b) HEAD OF THE PROGRAM.—The Sec- in subparagraph (B)(viii), the Secretary of tions, and policies related to efforts to pro- retary of Homeland Security shall designate Homeland Security and Secretary of State tect the Nation from terrorism, including an official of the Department of Homeland shall submit to the appropriate congres- the development and adoption of informa- Security to be responsible for carrying out sional committees a report, which includes— tion sharing guidelines under subsections (d) the program. Such official shall be— ‘‘(i) an analysis of the impact of the pilot and (f) of section 1016; ‘‘(1) the Assistant Secretary for Policy of program on national security; ‘‘(B) review the implementation of new and the Department of Homeland Security; or ‘‘(ii) recommendations on how to expand existing legislation, regulations, and policies ‘‘(2) an official appointed by the Secretary the pilot program to other States; related to efforts to protect the Nation from who reports directly to the Secretary. ‘‘(iii) any appropriate statutory changes to terrorism, including the implementation of ‘‘(c) DUTIES.—The official designated under facilitate the expansion of the pilot program information sharing guidelines under sub- subsection (b) shall assist the Secretary of to additional States and to citizens of Can- sections (d) and (f) of section 1016; Homeland Security in improving the Depart- ada; ‘‘(C) advise the President and the depart- ment’s ability to prevent terrorists from en- ‘‘(iv) a plan to scan individuals partici- ments, agencies, and elements of the execu- tering the United States or remaining in the pating in the pilot program against United tive branch to ensure that privacy and civil United States undetected by— States terrorist watch lists; and liberties are appropriately considered in the ‘‘(1) developing relevant strategies and ‘‘(v) a recommendation for the type of ma- development and implementation of such policies; chine-readable technology that should be legislation, regulations, policies, and guide- ‘‘(2) reviewing the effectiveness of existing used in enhanced driver’s licenses, based on lines; and programs and recommending improvements, individual privacy considerations and the ‘‘(D) in providing advice on proposals to re- if necessary; costs and feasibility of incorporating any tain or enhance a particular governmental ‘‘(3) making recommendations on budget new technology into existing driver’s li- power, consider whether the department, requests and on the allocation of funding and censes.’’. agency, or element of the executive branch personnel; SEC. 405. WESTERN HEMISPHERE TRAVEL INITIA- has established— ‘‘(4) ensuring effective coordination, with TIVE. ‘‘(i) that the need for the power is balanced respect to policies, programs, planning, oper- Before publishing a final rule in the Fed- with the need to protect privacy and civil ations, and dissemination of intelligence and eral Register, the Secretary shall conduct— liberties; information related to terrorist travel— (1) a complete cost-benefit analysis of the ‘‘(ii) that there is adequate supervision of ‘‘(A) among appropriate subdivisions of the Western Hemisphere Travel Initiative, au- the use by the executive branch of the power Department of Homeland Security, as deter- thorized under section 7209 of the Intel- to ensure protection of privacy and civil lib- mined by the Secretary and including— ligence Reform and Terrorism Prevention erties; and ‘‘(i) the United States Customs and Border Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 ‘‘(iii) that there are adequate guidelines Protection; note); and and oversight to properly confine its use. ‘‘(ii) the United States Immigration and (2) a study of the mechanisms by which the ‘‘(2) OVERSIGHT.—The Board shall contin- Customs Enforcement; execution fee for a PASS Card could be re- ually review—

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‘‘(A) the regulations, policies, and proce- ‘‘(f) INFORMING THE PUBLIC.—The Board the President, by and with the advice and dures, and the implementation of the regula- shall— consent of the Senate. tions, policies, and procedures, of the depart- ‘‘(1) make its reports, including its reports ‘‘(2) QUALIFICATIONS.—Members of the ments, agencies, and elements of the execu- to Congress, available to the public to the Board shall be selected solely on the basis of tive branch to ensure that privacy and civil greatest extent that is consistent with the their professional qualifications, achieve- liberties are protected; protection of classified information and ap- ments, public stature, expertise in civil lib- ‘‘(B) the information sharing practices of plicable law; and erties and privacy, and relevant experience, the departments, agencies, and elements of ‘‘(2) hold public hearings and otherwise in- and without regard to political affiliation, the executive branch to determine whether form the public of its activities, as appro- but in no event shall more than 3 members of they appropriately protect privacy and civil priate and in a manner consistent with the the Board be members of the same political liberties and adhere to the information shar- protection of classified information and ap- party. ing guidelines issued or developed under sub- plicable law. ‘‘(3) INCOMPATIBLE OFFICE.—An individual sections (d) and (f) of section 1016 and to ‘‘(g) ACCESS TO INFORMATION.— appointed to the Board may not, while serv- other governing laws, regulations, and poli- ‘‘(1) AUTHORIZATION.—If determined by the ing on the Board, be an elected official, offi- cies regarding privacy and civil liberties; and Board to be necessary to carry out its re- cer, or employee of the Federal Government, ‘‘(C) other actions by the executive branch sponsibilities under this section, the Board is other than in the capacity as a member of related to efforts to protect the Nation from authorized to— the Board. terrorism to determine whether such ac- ‘‘(A) have access from any department, ‘‘(4) TERM.—Each member of the Board tions— agency, or element of the executive branch, shall serve a term of 6 years, except that— ‘‘(i) appropriately protect privacy and civil or any Federal officer or employee, to all rel- ‘‘(A) a member appointed to a term of of- liberties; and evant records, reports, audits, reviews, docu- fice after the commencement of such term ‘‘(ii) are consistent with governing laws, ments, papers, recommendations, or other may serve under such appointment only for regulations, and policies regarding privacy relevant material, including classified infor- the remainder of such term; and civil liberties. mation consistent with applicable law; ‘‘(B) upon the expiration of the term of of- ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL ‘‘(B) interview, take statements from, or fice of a member, the member shall continue LIBERTIES OFFICERS.—The Board shall— take public testimony from personnel of any to serve until the member’s successor has ‘‘(A) review and assess reports and other department, agency, or element of the execu- been appointed and qualified, except that no information from privacy officers and civil tive branch, or any Federal officer or em- member may serve under this subpara- liberties officers under section 1062; ployee; graph— ‘‘(B) when appropriate, make recommenda- ‘‘(C) request information or assistance ‘‘(i) for more than 60 days when Congress is tions to such privacy officers and civil lib- from any State, tribal, or local government; in session unless a nomination to fill the va- erties officers regarding their activities; and and cancy shall have been submitted to the Sen- ‘‘(C) when appropriate, coordinate the ac- ‘‘(D) at the direction of a majority of the ate; or tivities of such privacy officers and civil lib- members of the Board, submit a written re- ‘‘(ii) after the adjournment sine die of the erties officers on relevant interagency mat- quest to the Attorney General of the United session of the Senate in which such nomina- ters. States that the Attorney General require, by tion is submitted; and ‘‘(4) TESTIMONY.—The members of the subpoena, persons (other than departments, ‘‘(C) the members first appointed under Board shall appear and testify before Con- agencies, and elements of the executive this subsection after the date of enactment gress upon request. branch) to produce any relevant information, of the Improving America’s Security Act of ‘‘(e) REPORTS.— documents, reports, answers, records, ac- 2007 shall serve terms of two, three, four, ‘‘(1) IN GENERAL.—The Board shall— ‘‘(A) receive and review reports from pri- counts, papers, and other documentary or five, and six years, respectively, with the vacy officers and civil liberties officers under testimonial evidence. term of each such member to be designated section 1062; and ‘‘(2) REVIEW OF SUBPOENA REQUEST.— by the President. ‘‘(B) periodically submit, not less than ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(5) QUORUM AND MEETINGS.—After its ini- semiannually, reports— after the date of receipt of a request by the tial meeting, the Board shall meet upon the ‘‘(i)(I) to the appropriate committees of Board under paragraph (1)(D), the Attorney call of the chairman or a majority of its Congress, including the Committee on the General shall— members. Three members of the Board shall Judiciary of the Senate, the Committee on ‘‘(i) issue the subpoena as requested; or constitute a quorum. the Judiciary of the House of Representa- ‘‘(ii) provide the Board, in writing, with an ‘‘(i) COMPENSATION AND TRAVEL EX- tives, the Committee on Homeland Security explanation of the grounds on which the sub- PENSES.— and Governmental Affairs of the Senate, the poena request has been modified or denied. ‘‘(1) COMPENSATION.— Committee on Oversight and Government ‘‘(B) NOTIFICATION.—If a subpoena request ‘‘(A) CHAIRMAN.—The chairman of the Reform of the House of Representatives, the is modified or denied under subparagraph Board shall be compensated at the rate of Select Committee on Intelligence of the Sen- (A)(ii), the Attorney General shall, not later pay payable for a position at level III of the ate, and the Permanent Select Committee on than 30 days after the date of that modifica- Executive Schedule under section 5314 of Intelligence of the House of Representatives; tion or denial, notify the Committee on the title 5, United States Code. and Judiciary of the Senate and the Committee ‘‘(B) MEMBERS.—Each member of the Board ‘‘(II) to the President; and on the Judiciary of the House of Representa- shall be compensated at a rate of pay pay- ‘‘(ii) which shall be in unclassified form to tives. able for a position at level IV of the Execu- the greatest extent possible, with a classified ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the tive Schedule under section 5315 of title 5, annex where necessary. case of contumacy or failure to obey a sub- United States Code, for each day during ‘‘(2) CONTENTS.—Not less than 2 reports poena issued pursuant to paragraph (1)(D), which that member is engaged in the actual submitted each year under paragraph (1)(B) the United States district court for the judi- performance of the duties of the Board. shall include— cial district in which the subpoenaed person ‘‘(2) TRAVEL EXPENSES.—Members of the ‘‘(A) a description of the major activities resides, is served, or may be found may issue Board shall be allowed travel expenses, in- of the Board during the preceding period; an order requiring such person to produce cluding per diem in lieu of subsistence, at ‘‘(B) information on the findings, conclu- the evidence required by such subpoena. rates authorized for persons employed inter- sions, and recommendations of the Board re- ‘‘(4) AGENCY COOPERATION.—Whenever in- mittently by the Government under section sulting from its advice and oversight func- formation or assistance requested under sub- 5703(b) of title 5, United States Code, while tions under subsection (d); paragraph (A) or (B) of paragraph (1) is, in away from their homes or regular places of ‘‘(C) the minority views on any findings, the judgment of the Board, unreasonably re- business in the performance of services for conclusions, and recommendations of the fused or not provided, the Board shall report the Board. Board resulting from its advice and over- the circumstances to the head of the depart- ‘‘(j) STAFF.— sight functions under subsection (d); ment, agency, or element concerned without ‘‘(1) APPOINTMENT AND COMPENSATION.—The ‘‘(D) each proposal reviewed by the Board delay. The head of the department, agency, chairman of the Board, in accordance with under subsection (d)(1) that— or element concerned shall ensure that the rules agreed upon by the Board, shall ap- ‘‘(i) the Board advised against implementa- Board is given access to the information, as- point and fix the compensation of a full-time tion; and sistance, material, or personnel the Board executive director and such other personnel ‘‘(ii) notwithstanding such advice, actions determines to be necessary to carry out its as may be necessary to enable the Board to were taken to implement; and functions. carry out its functions, without regard to ‘‘(E) for the preceding period, any requests ‘‘(h) MEMBERSHIP.— the provisions of title 5, United States Code, submitted under subsection (g)(1)(D) for the ‘‘(1) MEMBERS.—The Board shall be com- governing appointments in the competitive issuance of subpoenas that were modified or posed of a full-time chairman and 4 addi- service, and without regard to the provisions denied by the Attorney General. tional members, who shall be appointed by of chapter 51 and subchapter III of chapter 53

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00179 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4972 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 of such title relating to classification and sition on the Board shall have been sub- ‘‘(2) coordinate their activities with the In- General Schedule pay rates, except that no mitted to the Senate; or spector General of such department, agency, rate of pay fixed under this subsection may (B) after the adjournment sine die of the or element to avoid duplication of effort. exceed the equivalent of that payable for a session of the Senate in which such nomina- ‘‘(d) AGENCY COOPERATION.—The head of position at level V of the Executive Schedule tion is submitted. each department, agency, or element shall under section 5316 of title 5, United States SEC. 502. PRIVACY AND CIVIL LIBERTIES OFFI- ensure that each privacy officer and civil lib- Code. CERS. erties officer— ‘‘(2) DETAILEES.—Any Federal employee (a) IN GENERAL.—Section 1062 of the Na- ‘‘(1) has the information, material, and re- may be detailed to the Board without reim- tional Security Intelligence Reform Act of sources necessary to fulfill the functions of bursement from the Board, and such detailee 2004 (title I of Public Law 108–458; 118 Stat. such officer; shall retain the rights, status, and privileges 3688) is amended to read as follows: ‘‘(2) is advised of proposed policy changes; of the detailee’s regular employment with- ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFI- ‘‘(3) is consulted by decision makers; and out interruption. CERS. ‘‘(4) is given access to material and per- ‘‘(3) CONSULTANT SERVICES.—The Board ‘‘(a) DESIGNATION AND FUNCTIONS.—The At- sonnel the officer determines to be necessary may procure the temporary or intermittent torney General, the Secretary of Defense, to carry out the functions of such officer. services of experts and consultants in ac- the Secretary of State, the Secretary of the ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No cordance with section 3109 of title 5, United Treasury, the Secretary of Health and action constituting a reprisal, or threat of States Code, at rates that do not exceed the Human Services, the Secretary of Homeland reprisal, for making a complaint or for dis- daily rate paid a person occupying a position Security, the Director of National Intel- closing information to a privacy officer or at level IV of the Executive Schedule under ligence, the Director of the Central Intel- civil liberties officer described in subsection section 5315 of such title. ligence Agency, and the head of any other (a) or (b), or to the Privacy and Civil Lib- ‘‘(k) SECURITY CLEARANCES.—The appro- department, agency, or element of the execu- erties Oversight Board, that indicates a pos- priate departments, agencies, and elements tive branch designated by the Privacy and sible violation of privacy protections or civil of the executive branch shall cooperate with Civil Liberties Oversight Board under sec- liberties in the administration of the pro- the Board to expeditiously provide the Board tion 1061 to be appropriate for coverage grams and operations of the Federal Govern- members and staff with appropriate security under this section shall designate not less ment relating to efforts to protect the Na- clearances to the extent possible under exist- than 1 senior officer to— tion from terrorism shall be taken by any ing procedures and requirements. ‘‘(1) assist the head of such department, Federal employee in a position to take such ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVI- agency, or element and other officials of action, unless the complaint was made or the SORY COMMITTEE.—The Board— information was disclosed with the knowl- ‘‘(1) is an agency (as defined in section such department, agency, or element in ap- edge that it was false or with willful dis- 551(1) of title 5, United States Code); and propriately considering privacy and civil lib- regard for its truth or falsity. ‘‘(2) is not an advisory committee (as de- erties concerns when such officials are pro- ‘‘(f) PERIODIC REPORTS.— fined in section 3(2) of the Federal Advisory posing, developing, or implementing laws, ‘‘(1) IN GENERAL.—The privacy officers and Committee Act (5 U.S.C. App.)). regulations, policies, procedures, or guide- civil liberties officers of each department, ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— lines related to efforts to protect the Nation There are authorized to be appropriated to against terrorism; agency, or element referred to or described carry out this section amounts as follows: ‘‘(2) periodically investigate and review de- in subsection (a) or (b) shall periodically, but ‘‘(1) For fiscal year 2008, $5,000,000. partment, agency, or element actions, poli- not less than quarterly, submit a report on ‘‘(2) For fiscal year 2009, $6,650,000. cies, procedures, guidelines, and related laws the activities of such officers— ‘‘(3) For fiscal year 2010, $8,300,000. and their implementation to ensure that ‘‘(A)(i) to the appropriate committees of ‘‘(4) For fiscal year 2011, $10,000,000. such department, agency, or element is ade- Congress, including the Committee on the ‘‘(5) For fiscal year 2012, and each fiscal quately considering privacy and civil lib- Judiciary of the Senate, the Committee on year thereafter, such sums as may be nec- erties in its actions; the Judiciary of the House of Representa- essary.’’. ‘‘(3) ensure that such department, agency, tives, the Committee on Homeland Security (b) CONTINUATION OF SERVICE OF CURRENT or element has adequate procedures to re- and Governmental Affairs of the Senate, the MEMBERS OF PRIVACY AND CIVIL LIBERTIES ceive, investigate, respond to, and redress Committee on Oversight and Government BOARD.—The members of the Privacy and complaints from individuals who allege such Reform of the House of Representatives, the Civil Liberties Oversight Board as of the department, agency, or element has violated Select Committee on Intelligence of the Sen- date of enactment of this Act may continue their privacy or civil liberties; and ate, and the Permanent Select Committee on to serve as members of that Board after that ‘‘(4) in providing advice on proposals to re- Intelligence of the House of Representatives; date, and to carry out the functions and ex- tain or enhance a particular governmental ‘‘(ii) to the head of such department, agen- ercise the powers of that Board as specified power the officer shall consider whether such cy, or element; and in section 1061 of the National Security In- department, agency, or element has estab- ‘‘(iii) to the Privacy and Civil Liberties telligence Reform Act of 2004 (as amended by lished— Oversight Board; and subsection (a)), until— ‘‘(A) that the need for the power is bal- ‘‘(B) which shall be in unclassified form to (1) in the case of any individual serving as anced with the need to protect privacy and the greatest extent possible, with a classified a member of the Board under an appoint- civil liberties; annex where necessary. ment by the President, by and with the ad- ‘‘(B) that there is adequate supervision of ‘‘(2) CONTENTS.—Each report submitted vice and consent of the Senate, the expira- the use by such department, agency, or ele- under paragraph (1) shall include informa- tion of a term designated by the President ment of the power to ensure protection of tion on the discharge of each of the functions under section 1061(h)(4)(C) of such Act (as so privacy and civil liberties; and of the officer concerned, including— amended); ‘‘(C) that there are adequate guidelines and ‘‘(A) information on the number and types (2) in the case of any individual serving as oversight to properly confine its use. of reviews undertaken; a member of the Board other than under an ‘‘(b) EXCEPTION TO DESIGNATION AUTHOR- ‘‘(B) the type of advice provided and the re- appointment by the President, by and with ITY.— sponse given to such advice; the advice and consent of the Senate, the ‘‘(1) PRIVACY OFFICERS.—In any depart- ‘‘(C) the number and nature of the com- confirmation or rejection by the Senate of ment, agency, or element referred to in sub- plaints received by the department, agency, that member’s nomination to the Board section (a) or designated by the Privacy and or element concerned for alleged violations; under such section 1061 (as so amended), ex- Civil Liberties Oversight Board, which has a and cept that no such individual may serve as a statutorily created privacy officer, such offi- ‘‘(D) a summary of the disposition of such member under this paragraph— cer shall perform the functions specified in complaints, the reviews and inquiries con- (A) for more than 60 days when Congress is subsection (a) with respect to privacy. ducted, and the impact of the activities of in session unless a nomination of that indi- ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de- such officer. vidual to be a member of the Board has been partment, agency, or element referred to in ‘‘(g) INFORMING THE PUBLIC.—Each privacy submitted to the Senate; or subsection (a) or designated by the Board, officer and civil liberties officer shall— (B) after the adjournment sine die of the which has a statutorily created civil lib- ‘‘(1) make the reports of such officer, in- session of the Senate in which such nomina- erties officer, such officer shall perform the cluding reports to Congress, available to the tion is submitted; or functions specified in subsection (a) with re- public to the greatest extent that is con- (3) the appointment of members of the spect to civil liberties. sistent with the protection of classified in- Board under such section 1061 (as so amend- ‘‘(c) SUPERVISION AND COORDINATION.—Each formation and applicable law; and ed), except that no member may serve under privacy officer or civil liberties officer de- ‘‘(2) otherwise inform the public of the ac- this paragraph— scribed in subsection (a) or (b) shall— tivities of such officer, as appropriate and in (A) for more than 60 days when Congress is ‘‘(1) report directly to the head of the de- a manner consistent with the protection of in session unless a nomination to fill the po- partment, agency, or element concerned; and classified information and applicable law.

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‘‘(h) SAVINGS CLAUSE.—Nothing in this sec- sibilities of the senior official under this sec- erties of individuals, including a thorough tion shall be construed to limit or otherwise tion, without any prior comment or amend- description of the actions that are being supplant any other authorities or respon- ment by the Secretary, Deputy Secretary, or taken or will be taken with regard to the sibilities provided by law to privacy officers any other officer or employee of the Depart- property, privacy, or other rights or privi- or civil liberties officers.’’. ment or the Office of Management and Budg- leges of any individual or individuals as a re- (b) CLERICAL AMENDMENT.—The table of et; and sult of the implementation of the data min- contents for the Intelligence Reform and ‘‘(2) inform the Committee on Homeland ing activity. Terrorism Prevention Act of 2004 (Public Security and Governmental Affairs of the (F) A list and analysis of the laws and reg- Law 108–458) is amended by striking the item Senate and the Committee on Homeland Se- ulations that govern the information being relating to section 1062 and inserting the fol- curity of the House of Representatives not or to be collected, reviewed, gathered, ana- lowing new item: later than— lyzed, or used with the data mining activity. ‘‘Sec. 1062. Privacy and civil liberties offi- ‘‘(A) 30 days after the Secretary dis- (G) A thorough discussion of the policies, cers.’’. approves the senior official’s request for a procedures, and guidelines that are in place SEC. 503. DEPARTMENT PRIVACY OFFICER. subpoena under subsection (b)(1)(C) or the or that are to be developed and applied in the Section 222 of the Homeland Security Act Secretary substantively modifies the re- use of such technology for data mining in of 2002 (6 U.S.C. 142) is amended— quested subpoena; or order to— (1) by inserting ‘‘(a) APPOINTMENT AND RE- ‘‘(B) 45 days after the senior official’s re- (i) protect the privacy and due process SPONSIBILITIES.—’’ before ‘‘The Secretary’’; quest for a subpoena under subsection rights of individuals, such as redress proce- and (b)(1)(C), if that subpoena has not either been dures; and (2) by adding at the end the following: approved or disapproved by the Secretary.’’. (ii) ensure that only accurate information ‘‘(b) AUTHORITY TO INVESTIGATE.— SEC. 504. FEDERAL AGENCY DATA MINING RE- is collected, reviewed, gathered, analyzed, or ‘‘(1) IN GENERAL.—The senior official ap- PORTING ACT OF 2007. used. pointed under subsection (a) may— (a) SHORT TITLE.—This section may be (H) Any necessary classified information in ‘‘(A) have access to all records, reports, au- cited as the ‘‘Federal Agency Data Mining an annex that shall be available, as appro- dits, reviews, documents, papers, rec- Reporting Act of 2007’’. priate, to the Committee on Homeland Secu- ommendations, and other materials avail- (b) DEFINITIONS.—In this section: rity and Governmental Affairs, the Com- able to the Department that relate to pro- (1) DATA MINING.—The term ‘‘data mining’’ mittee on the Judiciary, the Select Com- grams and operations with respect to the re- means a query, search, or other analysis of 1 mittee on Intelligence, and the Committee sponsibilities of the senior official under this or more electronic databases, where— on Appropriations of the Senate and the section; (A) a department or agency of the Federal Committee on Homeland Security, the Com- ‘‘(B) make such investigations and reports Government, or a non-Federal entity acting mittee on the Judiciary, the Permanent Se- relating to the administration of the pro- on behalf of the Federal Government, is con- lect Committee on Intelligence, and the grams and operations of the Department ducting the query, search, or other analysis Committee on Appropriations of the House that are necessary or desirable as deter- to discover or locate a predictive pattern or of Representatives. mined by that senior official; anomaly indicative of terrorist or criminal (3) TIME FOR REPORT.—Each report required ‘‘(C) subject to the approval of the Sec- activity on the part of any individual or in- under paragraph (1) shall be— retary, require by subpoena the production, dividuals; and (A) submitted not later than 180 days after by any person other than a Federal agency, (B) the query, search, or other analysis the date of enactment of this Act; and of all information, documents, reports, an- does not use personal identifiers of a specific (B) updated not less frequently than annu- swers, records, accounts, papers, and other individual, or inputs associated with a spe- ally thereafter, to include any activity to data and documentary evidence necessary to cific individual or group of individuals, to re- use or develop data mining engaged in after performance of the responsibilities of the trieve information from the database or the date of the prior report submitted under senior official under this section; and databases. paragraph (1). ‘‘(D) administer to or take from any person (2) DATABASE.—The term ‘‘database’’ does TITLE VI—ENHANCED DEFENSES AGAINST an oath, affirmation, or affidavit, whenever not include telephone directories, news re- WEAPONS OF MASS DESTRUCTION necessary to performance of the responsibil- porting, information publicly available to SEC. 601. NATIONAL BIOSURVEILLANCE INTE- ities of the senior official under this section. any member of the public without payment GRATION CENTER. ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any of a fee, or databases of judicial and adminis- (a) IN GENERAL.—Title III of the Homeland subpoena issued under paragraph (1)(C) shall, trative opinions. Security Act of 2002 (6 U.S.C. et seq.) is in the case of contumacy or refusal to obey, (c) REPORTS ON DATA MINING ACTIVITIES BY amended by adding at the end the following: be enforceable by order of any appropriate FEDERAL AGENCIES.— ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTE- United States district court. (1) REQUIREMENT FOR REPORT.—The head of GRATION CENTER. ‘‘(3) EFFECT OF OATHS.—Any oath, affirma- each department or agency of the Federal ‘‘(a) DEFINITIONS.—In this section— tion, or affidavit administered or taken Government that is engaged in any activity ‘‘(1) the term ‘biological event of national under paragraph (1)(D) by or before an em- to use or develop data mining shall submit a significance’ means— ployee of the Privacy Office designated for report to Congress on all such activities of ‘‘(A) an act of terrorism that uses a bio- that purpose by the senior official appointed the department or agency under the jurisdic- logical agent, toxin, or other product derived under subsection (a) shall have the same tion of that official. The report shall be from a biological agent; or force and effect as if administered or taken made available to the public, except for a ‘‘(B) a naturally-occurring outbreak of an by or before an officer having a seal of office. classified annex described paragraph (2)(H). infectious disease that may result in a na- ‘‘(c) SUPERVISION AND COORDINATION.— (2) CONTENT OF REPORT.—Each report sub- tional epidemic; ‘‘(1) IN GENERAL.—The senior official ap- mitted under paragraph (1) shall include, for ‘‘(2) the term ‘Member Agencies’ means the pointed under subsection (a) shall— each activity to use or develop data mining, departments and agencies described in sub- ‘‘(A) report to, and be under the general su- the following information: section (d)(1); pervision of, the Secretary; and (A) A thorough description of the data ‘‘(3) the term ‘NBIC’ means the National ‘‘(B) coordinate activities with the Inspec- mining activity, its goals, and, where appro- Biosurveillance Integration Center estab- tor General of the Department in order to priate, the target dates for the deployment lished under subsection (b); avoid duplication of effort. of the data mining activity. ‘‘(4) the term ‘NBIS’ means the National ‘‘(2) NOTIFICATION TO CONGRESS ON RE- (B) A thorough description of the data Biosurveillance Integration System estab- MOVAL.—If the Secretary removes the senior mining technology that is being used or will lished under subsection (b); and official appointed under subsection (a) or be used, including the basis for determining ‘‘(5) the term ‘Privacy Officer’ means the transfers that senior official to another posi- whether a particular pattern or anomaly is Privacy Officer appointed under section 222. tion or location within the Department, the indicative of terrorist or criminal activity. ‘‘(b) ESTABLISHMENT.—The Secretary shall Secretary shall— (C) A thorough description of the data establish, operate, and maintain a National ‘‘(A) promptly submit a written notifica- sources that are being or will be used. Biosurveillance Integration Center, headed tion of the removal or transfer to Houses of (D) An assessment of the efficacy or likely by a Directing Officer, under an existing of- Congress; and efficacy of the data mining activity in pro- fice or directorate of the Department, sub- ‘‘(B) include in any such notification the viding accurate information consistent with ject to the availability of appropriations, to reasons for the removal or transfer. and valuable to the stated goals and plans oversee development and operation of the ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CON- for the use or development of the data min- National Biosurveillance Integration Sys- GRESS.—The senior official appointed under ing activity. tem. subsection (a) shall— (E) An assessment of the impact or likely ‘‘(c) PRIMARY MISSION.—The primary mis- ‘‘(1) submit reports directly to the Con- impact of the implementation of the data sion of the NBIC is to enhance the capability gress regarding performance of the respon- mining activity on the privacy and civil lib- of the Federal Government to—

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and an interagency personnel agreement and Agencies and, in consultation with relevant ‘‘(E) provide technical assistance, as appro- consider the qualifications of such personnel member agencies, to agencies of State, local, priate, to all Federal, regional, State, local, necessary to provide human, animal, and en- and tribal governments, as appropriate, to and tribal government entities and private vironmental data analysis and interpreta- enhance the ability of such agencies to re- sector entities that contribute data relevant tion support to the NBIC. spond to a biological event of national sig- to the operation of the NBIS. ‘‘(h) ADMINISTRATIVE AUTHORITIES.— nificance. ‘‘(2) ASSESSMENTS.—The Directing Officer ‘‘(1) HIRING OF EXPERTS.—The Directing Of- ‘‘(d) REQUIREMENTS.—The NBIC shall de- of the NBIC shall— ficer of the NBIC shall hire individuals with sign the NBIS to detect, as early as possible, ‘‘(A) on an ongoing basis, evaluate avail- the necessary expertise to develop and oper- a biological event of national significance able data for evidence of a biological event of ate the NBIS. that presents a risk to the United States or national significance; and ‘‘(2) DETAIL OF PERSONNEL.—Upon the re- the infrastructure or key assets of the ‘‘(B) integrate homeland security informa- quest of the Directing Officer of the NBIC, United States, including— tion with NBIS data to provide overall situa- the head of any Federal department or agen- ‘‘(1) if a Federal department or agency, at tional awareness and determine whether a cy may detail, on a reimbursable basis, any the discretion of the head of that department biological event of national significance has of the personnel of that department or agen- or agency, has entered a memorandum of un- occurred. cy to the Department to assist the NBIC in derstanding regarding participation in the ‘‘(3) INFORMATION SHARING.— carrying out this section. ‘‘(A) IN GENERAL.—The Directing Officer of NBIC, consolidating data from all relevant ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP the NBIC shall— surveillance systems maintained by that de- COUNCIL.—The Directing Officer of the NBIC ‘‘(i) establish a method of real-time com- partment or agency to detect biological shall— munication with the National Operations events of national significance across ‘‘(1) establish an interagency coordination Center, to be known as the Biological Com- human, animal, and plant species; council to facilitate interagency cooperation mon Operating Picture; ‘‘(2) seeking private sources of surveil- and to advise the Directing Officer of the ‘‘(ii) in the event that a biological event of lance, both foreign and domestic, when such NBIC regarding recommendations to en- national significance is detected, notify the sources would enhance coverage of critical hance the biosurveillance capabilities of the Secretary and disseminate results of NBIS surveillance gaps; Department; and assessments related to that biological event ‘‘(3) using an information technology sys- ‘‘(2) invite Member Agencies to serve on of national significance to appropriate Fed- tem that uses the best available statistical such council. eral response entities and, in consultation and other analytical tools to identify and with relevant member agencies, regional, ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS characterize biological events of national State, local, and tribal governmental re- AND AGENCIES.—The authority of the Direct- significance in as close to real-time as is sponse entities in a timely manner; ing Officer of the NBIC under this section practicable; ‘‘(iii) provide any report on NBIS assess- shall not affect any authority or responsi- ‘‘(4) providing the infrastructure for such ments to Member Agencies and, in consulta- bility of any other department or agency of integration, including information tech- tion with relevant member agencies, any af- the Federal Government with respect to bio- nology systems and space, and support for fected regional, State, local, or tribal gov- surveillance activities under any program personnel from Member Agencies with suffi- ernment, and any private sector entity con- administered by that department or agency. cient expertise to enable analysis and inter- sidered appropriate that may enhance the ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— pretation of data; mission of such Member Agencies, govern- There are authorized to be appropriated such ‘‘(5) working with Member Agencies to cre- ments, or entities or the ability of the Na- sums as are necessary to carry out this sec- ate information technology systems that use tion to respond to biological events of na- tion.’’. the minimum amount of patient data nec- tional significance; and (b) CONFORMING AMENDMENT.—The table of essary and consider patient confidentiality ‘‘(iv) share NBIS incident or situational contents in section 1(b) of the Homeland Se- and privacy issues at all stages of develop- awareness reports, and other relevant infor- curity Act of 2002 (6 U.S.C. 101 et seq.) is ment and apprise the Privacy Officer of such mation, consistent with the information amended by inserting after the item relating efforts; and sharing environment established under sec- to section 315 the following: ‘‘(6) alerting relevant Member Agencies tion 1016 of the Intelligence Reform and Ter- and, in consultation with relevant Member ‘‘Sec. 316. National Biosurveillance Integra- rorism Prevention Act of 2004 (6 U.S.C. 485) tion Center.’’. Agencies, public health agencies of State, and any policies, guidelines, procedures, in- SEC. 602. BIOSURVEILLANCE EFFORTS. local, and tribal governments regarding any structions, or standards established by the incident that could develop into a biological President or the program manager for the The Comptroller General of the United event of national significance. implementation and management of that en- States shall submit a report to Congress de- ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— vironment. scribing— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(B) COORDINATION.—The Directing Officer (1) the state of Federal, State, local, and ‘‘(A) ensure that the NBIC is fully oper- of the NBIC shall implement the activities tribal government biosurveillance efforts as ational not later than September 30, 2008; described in subparagraph (A) in coordina- of the date of such report; ‘‘(B) not later than 180 days after the date tion with the program manager for the infor- (2) any duplication of effort at the Federal, of enactment of this section and on the date mation sharing environment of the Office of State, local, or tribal government level to that the NBIC is fully operational, submit a the Director of National Intelligence, the create biosurveillance systems; and report to the Committee on Homeland Secu- Under Secretary for Intelligence and Anal- (3) the integration of biosurveillance sys- rity and Governmental Affairs of the Senate ysis, and other offices or agencies of the Fed- tems to allow the maximizing of biosurveil- and the Committee on Homeland Security of eral Government, as appropriate. lance resources and the expertise of Federal, the House of Representatives on the progress ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER State, local, and tribal governments to ben- of making the NBIC operational addressing AGENCIES.— efit public health. the efforts of the NBIC to integrate surveil- ‘‘(1) IN GENERAL.—Each Member Agency SEC. 603. INTERAGENCY COORDINATION TO EN- lance efforts of Federal, State, local, and shall— HANCE DEFENSES AGAINST NU- tribal governments. ‘‘(A) use its best efforts to integrate bio- CLEAR AND RADIOLOGICAL WEAP- ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OF- surveillance information into the NBIS, with ONS OF MASS DESTRUCTION. FICER OF THE NBIC.— the goal of promoting information sharing (a) IN GENERAL.—The Homeland Security ‘‘(1) IN GENERAL.—The Directing Officer of between Federal, State, local, and tribal gov- Act of 2002 is amended by adding after sec- the NBIC shall— ernments to detect biological events of na- tion 1906, as redesignated by section 203 of ‘‘(A) establish an entity to perform all op- tional significance; this Act, the following: erations and assessments related to the ‘‘(B) participate in the formation and ‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NBIS; maintenance of the Biological Common Op- NUCLEAR DETECTION ARCHITEC- ‘‘(B) on an ongoing basis, monitor the erating Picture to facilitate timely and ac- TURE. availability and appropriateness of contrib- curate detection and reporting; ‘‘(a) ANNUAL REVIEW.— uting surveillance systems and solicit new ‘‘(C) connect the biosurveillance data sys- ‘‘(1) IN GENERAL.—The Secretary, the At- surveillance systems that would enhance bi- tems of that Member Agency to the NBIC torney General, the Secretary of State, the

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Secretary of Defense, the Secretary of En- TITLE VII—PRIVATE SECTOR ‘‘(b) PROGRAM ELEMENTS.— ergy, and the Director of National Intel- PREPAREDNESS ‘‘(1) IN GENERAL.— ligence shall jointly ensure interagency co- SEC. 701. DEFINITIONS. ‘‘(A) PROGRAM.—The program developed ordination on the development and imple- (a) IN GENERAL.—In this title, the term and implemented under this section shall as- mentation of the global nuclear detection ar- ‘‘voluntary national preparedness standards’’ sess whether a private sector entity complies chitecture by ensuring that, not less fre- has the meaning given that term in section with voluntary national preparedness stand- quently than once each year— 2 of the Homeland Security Act of 2002 (6 ards. ‘‘(A) each relevant agency, office, or enti- U.S.C. 101), as amended by this Act. ‘‘(B) GUIDELINES.—In developing the pro- ty— (b) HOMELAND SECURITY ACT OF 2002.—Sec- gram under this section, the Secretary shall ‘‘(i) assesses its involvement, support, and tion 2 of the Homeland Security Act of 2002 develop guidelines for the accreditation and participation in the development, revision, (6 U.S.C. 101) is amended by adding at the certification processes established under this and implementation of the global nuclear de- end the following: section. tection architecture; ‘‘(17) The term ‘voluntary national pre- ‘‘(2) STANDARDS.—The Secretary, in con- paredness standards’ means a common set of ‘‘(ii) examines and evaluates components sultation with the American National Stand- criteria for preparedness, disaster manage- of the global nuclear detection architecture ards Institute and representatives of appro- ment, emergency management, and business (including associated strategies and acquisi- priate voluntary consensus standards devel- continuity programs, such as the American opment organizations and each private sec- tion plans) that are related to the operations National Standards Institute’s National Fire of that agency, office, or entity, to deter- tor advisory council created under section Protection Association Standard on Dis- 102(f)(4)— mine whether such components incorporate aster/Emergency Management and Business ‘‘(A) shall adopt appropriate voluntary na- and address current threat assessments, sce- Continuity Programs (ANSI/NFPA 1600).’’. tional preparedness standards that promote narios, or intelligence analyses developed by SEC. 702. RESPONSIBILITIES OF THE PRIVATE preparedness, which shall be used in the ac- the Director of National Intelligence or SECTOR OFFICE OF THE DEPART- creditation and certification program under other agencies regarding threats related to MENT. this section; and (a) IN GENERAL.—Section 102(f) of the nuclear or radiological weapons of mass de- ‘‘(B) after the adoption of standards under Homeland Security Act of 2002 (6 U.S.C. struction; and subparagraph (A), may adopt additional vol- 112(f)) is amended— ‘‘(B) each agency, office, or entity deploy- untary national preparedness standards or (1) by redesignating paragraphs (8) through ing or operating any technology acquired by modify or discontinue the use of voluntary (10) as paragraphs (9) through (11), respec- the Office— national preparedness standards for the ac- tively; and ‘‘(i) evaluates the deployment and oper- creditation and certification program, as (2) by inserting after paragraph (7) the fol- ation of that technology by that agency, of- necessary and appropriate to promote pre- lowing: fice, or entity; paredness. ‘‘(ii) identifies detection performance defi- ‘‘(8) providing information to the private sector regarding voluntary national pre- ‘‘(3) TIERING.—The certification program ciencies and operational or technical defi- developed under this section may use a mul- ciencies in that technology; and paredness standards and the business jus- tification for preparedness and promoting to tiple-tiered system to rate the preparedness ‘‘(iii) assesses the capacity of that agency, the private sector the adoption of voluntary of a private sector entity. office, or entity to implement the respon- national preparedness standards;’’. ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec- sibilities of that agency, office, or entity (b) PRIVATE SECTOR ADVISORY COUNCILS.— retary and any selected entity shall estab- under the global nuclear detection architec- Section 102(f)(4) of the Homeland Security lish separate classifications and methods of ture. Act of 2002 (6 U.S.C. 112(f)(4)) is amended— certification for small business concerns (as ‘‘(2) TECHNOLOGY.—Not less frequently (1) in subparagraph (A), by striking ‘‘and’’ that term is defined in section 3 of the Small than once each year, the Secretary shall ex- at the end; Business Act (15 U.S.C. 632)) for the program amine and evaluate the development, assess- (2) in subparagraph (B), by adding ‘‘and’’ at under this section. ment, and acquisition of technology by the the end; and ‘‘(5) CONSIDERATIONS.—In developing and Office. (3) by adding at the end the following: implementing the program under this sec- tion, the Secretary shall— ‘‘(b) ANNUAL REPORT.— ‘‘(C) advise the Secretary on private sector ‘‘(A) consider the needs of the insurance in- ‘‘(1) IN GENERAL.—Not later than March 31 preparedness issues, including effective of each year, the Secretary, in coordination methods for— dustry, the credit-ratings industry, and with the Attorney General, the Secretary of ‘‘(i) promoting voluntary national pre- other industries that may consider prepared- State, the Secretary of Defense, the Sec- paredness standards to the private sector; ness of private sector entities, to assess the retary of Energy, and the Director of Na- ‘‘(ii) assisting the private sector in adopt- preparedness of private sector entities; and ‘‘(B) ensure the program accommodates tional Intelligence, shall submit a report re- ing voluntary national preparedness stand- those needs where appropriate and feasible. garding the compliance of such officials with ards; and ‘‘(c) ACCREDITATION AND CERTIFICATION this section and the results of the reviews re- ‘‘(iii) developing and implementing the ac- PROCESSES.— quired under subsection (a) to— creditation and certification program under ‘‘(1) AGREEMENT.— ‘‘(A) the President; section 522;’’. ‘‘(A) IN GENERAL.—Not later than 120 days ‘‘(B) the Committee on Appropriations, the SEC. 703. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; ACCREDI- after the date of enactment of this section, Committee on Armed Services, and the Com- TATION AND CERTIFICATION PRO- the Secretary shall enter into 1 or more mittee on Homeland Security and Govern- GRAM FOR THE PRIVATE SECTOR. agreements with the American National mental Affairs of the Senate; and (a) IN GENERAL.—Title V of the Homeland Standards Institute or other similarly quali- ‘‘(C) the Committee on Appropriations, the Security Act of 2002 (6 U.S.C. 311 et seq.) is fied nongovernmental or other private sector Committee on Armed Services, and the Com- amended by adding at the end the following: entities to carry out accreditations and over- mittee on Homeland Security of the House of ‘‘SEC. 522. VOLUNTARY NATIONAL PREPARED- see the certification process under this sec- Representatives. NESS STANDARDS COMPLIANCE; AC- tion. ‘‘(2) FORM.—Each report submitted under CREDITATION AND CERTIFICATION ‘‘(B) CONTENTS.—Any selected entity shall paragraph (1) shall be submitted in unclassi- PROGRAM FOR THE PRIVATE SEC- TOR. manage the accreditation process and over- fied form to the maximum extent prac- see the certification process in accordance ticable, but may include a classified annex. ‘‘(a) ACCREDITATION AND CERTIFICATION PROGRAM.—Not later than 120 days after the with the program established under this sec- ‘‘(c) DEFINITION.—In this section, the term date of enactment of this section, the Sec- tion and accredit qualified third parties to ‘global nuclear detection architecture’ retary, in consultation with representatives carry out the certification program estab- means the global nuclear detection architec- of the organizations that coordinate or fa- lished under this section. ture developed under section 1902.’’. cilitate the development of and use of vol- ‘‘(2) PROCEDURES AND REQUIREMENTS FOR untary consensus standards, appropriate vol- ACCREDITATION AND CERTIFICATION.— (b) TECHNICAL AND CONFORMING AMEND- untary consensus standards development or- ‘‘(A) IN GENERAL.—The selected entities MENT.—The table of contents in section 1(b) ganizations, and each private sector advisory shall collaborate to develop procedures and of the Homeland Security Act of 2002 (6 council created under section 102(f)(4), requirements for the accreditation and cer- U.S.C. 101 note) is amended by inserting shall— tification processes under this section, in ac- after the item relating to section 1906, as ‘‘(1) support the development, promul- cordance with the program established under added by section 203 of this Act, the fol- gating, and updating, as necessary, of vol- this section and guidelines developed under lowing: untary national preparedness standards; and subsection (b)(1)(B). ‘‘(2) develop, implement, and promote a ‘‘(B) CONTENTS AND USE.—The procedures ‘‘Sec. 1907. Joint annual review of global nu- program to certify the preparedness of pri- and requirements developed under subpara- clear detection architecture.’’. vate sector entities. graph (A) shall—

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‘‘(i) ensure reasonable uniformity in the ‘‘(e) VOLUNTARY PARTICIPATION.—Certifi- (3) in subparagraph (E)— accreditation and certification processes if cation under this section shall be voluntary (A) by striking ‘‘response’’ and inserting there is more than 1 selected entity; and for any private sector entity. ‘‘prevention, response,’’; and ‘‘(ii) be used by any selected entity in con- ‘‘(f) PUBLIC LISTING.—The Secretary shall (B) by inserting ‘‘and threatened and exe- ducting accreditations and overseeing the maintain and make public a listing of any cuted acts of terrorism outside the United certification process under this section. private sector entity certified as being in States to the extent such acts affect United ‘‘(C) DISAGREEMENT.—Any disagreement compliance with the program established States transportation systems’’ before the among selected entities in developing proce- under this section, if that private sector en- period at the end; dures under subparagraph (A) shall be re- tity consents to such listing. (4) in subparagraph (F), by adding at the solved by the Secretary. ‘‘(g) DEFINITION.—In this section, the term end the following: ‘‘Transportation security ‘‘(3) DESIGNATION.—A selected entity may ‘selected entity’ means any entity entering research and development projects initiated accredit any qualified third party to carry an agreement with the Secretary under sub- by the Secretary of Homeland Security shall out the certification process under this sec- section (c)(1)(A).’’. be based on such prioritization.’’; and tion. (b) TECHNICAL AND CONFORMING AMEND- (5) by adding at the end the following: ‘‘(4) THIRD PARTIES.—To be accredited MENT.—The table of contents in section 1(b) ‘‘(G) Short- and long-term budget rec- under paragraph (3), a third party shall— of the Homeland Security Act of 2002 (6 ommendations for Federal transportation se- ‘‘(A) demonstrate that the third party has U.S.C. 101 et seq.) is amended by inserting curity programs, which reflect the priorities the ability to certify private sector entities after the item relating to section 521 the fol- of the National Strategy for Transportation Security. in accordance with the procedures and re- lowing: ‘‘(H) Methods for linking the individual quirements developed under paragraph (2); ‘‘Sec. 522. Voluntary national preparedness transportation modal security plans and the ‘‘(B) agree to perform certifications in ac- standards compliance; accredi- programs contained therein, and a plan for cordance with such procedures and require- tation and certification pro- addressing the security needs of intermodal ments; gram for the private sector.’’. transportation hubs. ‘‘(C) agree not to have any beneficial inter- SEC. 704. SENSE OF CONGRESS REGARDING PRO- ‘‘(I) Transportation security modal and est in or any direct or indirect control over— MOTING AN INTERNATIONAL STAND- intermodal plans, including operational re- ARD FOR PRIVATE SECTOR PRE- ‘‘(i) a private sector entity for which that covery plans to expedite, to the maximum third party conducts a certification under PAREDNESS. It is the sense of Congress that the Sec- extent practicable, the return of an ad- this section; or versely affected transportation system to its ‘‘(ii) any organization that provides pre- retary or any entity designated under sec- tion 522(c)(1)(A) of the Homeland Security normal performance level preceding a major paredness consulting services to private sec- terrorist attack on that system or another tor entities; Act of 2002, as added by this Act, should pro- mote, where appropriate, efforts to develop a catastrophe. These plans shall be coordi- ‘‘(D) agree not to have any other conflict nated with the resumption of trade protocols consistent international standard for private of interest with respect to any private sector required under section 202 of the SAFE Port sector preparedness. entity for which that third party conducts a Act (6 U.S.C. 942).’’. certification under this section; SEC. 705. REPORT TO CONGRESS. (c) PERIODIC PROGRESS REPORTS.—Section ‘‘(E) maintain liability insurance coverage Not later than 180 days after the date of 114(t)(4) of such title is amended— at policy limits in accordance with the re- enactment of this Act, the Secretary shall (1) in subparagraph (C)— quirements developed under paragraph (2); submit to the Committee on Homeland Secu- (A) in clause (i), by inserting ‘‘, including and rity and Governmental Affairs of the Senate the transportation modal security plans’’ be- ‘‘(F) enter into an agreement with the se- and the Committee on Homeland Security of fore the period at the end; and lected entity accrediting that third party to the House of Representatives a report detail- (B) by striking clause (ii) and inserting the protect any proprietary information of a pri- ing— following: vate sector entity obtained under this sec- (1) any action taken to implement this ‘‘(ii) CONTENT.—Each progress report sub- tion. title or an amendment made by this title; mitted under this subparagraph shall include ‘‘(5) MONITORING.— and the following: ‘‘(A) IN GENERAL.—The Secretary and any (2) the status, as of the date of that report, ‘‘(I) Recommendations for improving and selected entity shall regularly monitor and of the implementation of this title and the implementing the National Strategy for inspect the operations of any third party amendments made by this title. Transportation Security and the transpor- conducting certifications under this section SEC. 706. RULE OF CONSTRUCTION. tation modal and intermodal security plans to ensure that third party is complying with Nothing in this title may be construed to that the Secretary of Homeland Security, in the procedures and requirements established supercede any preparedness or business con- consultation with the Secretary of Transpor- under paragraph (2) and all other applicable tinuity standards or requirements estab- tation, considers appropriate. requirements. lished under any other provision of Federal ‘‘(II) An accounting of all grants for trans- portation security, including grants for re- ‘‘(B) REVOCATION.—If the Secretary or any law. selected entity determines that a third party search and development, distributed by the TITLE VIII—TRANSPORTATION SECURITY Secretary of Homeland Security in the most is not meeting the procedures or require- PLANNING AND INFORMATION SHARING ments established under paragraph (2), the recently concluded fiscal year and a descrip- SEC. 801. TRANSPORTATION SECURITY STRA- tion of how such grants accomplished the appropriate selected entity shall— TEGIC PLANNING. ‘‘(i) revoke the accreditation of that third goals of the National Strategy for Transpor- (a) IN GENERAL.—Section 114(t)(1)(B) of tation Security. party to conduct certifications under this title 49, United States Code, is amended to ‘‘(III) An accounting of all— section; and read as follows: ‘‘(aa) funds requested in the President’s ‘‘(ii) review any certification conducted by ‘‘(B) transportation modal and intermodal budget submitted pursuant to section 1105 of that third party, as necessary and appro- security plans addressing risks, threats, and title 31 for the most recently concluded fis- priate. vulnerabilities for aviation, bridge, tunnel, cal year for transportation security, by ‘‘(d) ANNUAL REVIEW.— commuter rail and ferry, highway, maritime, mode; and ‘‘(1) IN GENERAL.—The Secretary, in con- pipeline, rail, mass transit, over-the-road ‘‘(bb) personnel working on transportation sultation with representatives of the organi- bus, and other public transportation infra- security issues, including the number of con- zations that coordinate or facilitate the de- structure assets.’’. tractors. velopment of and use of voluntary consensus (b) CONTENTS OF THE NATIONAL STRATEGY ‘‘(iii) WRITTEN EXPLANATION OF TRANSPOR- standards, appropriate voluntary consensus FOR TRANSPORTATION SECURITY.—Section TATION SECURITY ACTIVITIES NOT DELINEATED standards development organizations, and 114(t)(3) of such title is amended— IN THE NATIONAL STRATEGY FOR TRANSPOR- each private sector advisory council created (1) in subparagraph (B), by inserting ‘‘, TATION SECURITY.—At the end of each year, under section 102(f)(4), shall annually review based on risk assessments conducted by the the Secretary of Homeland Security shall the voluntary accreditation and certification Secretary of Homeland Security,’’ after submit to the appropriate congressional program established under this section to en- ‘‘risk based priorities’’; committees a written explanation of any ac- sure the effectiveness of such program and (2) in subparagraph (D)— tivity inconsistent with, or not clearly delin- make improvements and adjustments to the (A) by striking ‘‘and local’’ and inserting eated in, the National Strategy for Transpor- program as necessary and appropriate. ‘‘, local, and tribal’’; and tation Security, including the amount of ‘‘(2) REVIEW OF STANDARDS.—Each review (B) by striking ‘‘private sector cooperation funds to be expended for the activity.’’; and under paragraph (1) shall include an assess- and participation’’ and inserting ‘‘coopera- (2) in subparagraph (E), by striking ‘‘Se- ment of the voluntary national preparedness tion and participation by private sector enti- lect’’. standards used in the program under this ties and nonprofit employee labor organiza- (d) PRIORITY STATUS.—Section 114(t)(5)(B) section. tions’’; of such title is amended—

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STAKEHOLDERS.—The Secretary is not re- and other appropriate entities. ‘‘(6) SURVEY.— quired to provide a semiannual report under ‘‘(7) PLAN DISTRIBUTION.—The Secretary of ‘‘(A) IN GENERAL.—The Secretary shall con- paragraph (1) if no stakeholders have been Homeland Security shall provide an unclas- duct an annual survey of the satisfaction of added to or removed from the group of per- sified version of the National Strategy for each of the recipients of transportation in- sons with whom transportation security in- Transportation Security, including its com- telligence reports disseminated under the formation is shared under the plan since the ponent transportation modal security plans, Plan, and include the results of the survey as end of the period covered by the last pre- to Federal, State, regional, local and tribal part of the annual report to be submitted ceding semiannual report. authorities, transportation system owners or under paragraph (5)(B). SEC. 803. TRANSPORTATION SECURITY ADMINIS- operators, private sector stakeholders (in- ‘‘(B) INFORMATION SOUGHT.—The annual TRATION PERSONNEL MANAGE- MENT. cluding non-profit employee labor organiza- survey conducted under subparagraph (A) (a) TSA EMPLOYEE DEFINED.—In this sec- tions), institutions of higher learning, and shall seek information about the quality, tion, the term ‘‘TSA employee’’ means an in- other appropriate entities.’’. speed, regularity, and classification of the transportation security information prod- dividual who holds— SEC. 802. TRANSPORTATION SECURITY INFORMA- (1) any position which was transferred (or TION SHARING. ucts disseminated from the Department of Homeland Security to public and private the incumbent of which was transferred) (a) IN GENERAL.—Section 114 of title 49, stakeholders. from the Transportation Security Adminis- United States Code, is amended by adding at ‘‘(7) SECURITY CLEARANCES.—The Sec- tration of the Department of Transportation the end the following: retary, to the greatest extent practicable, to the Department by section 403 of the ‘‘(u) TRANSPORTATION SECURITY INFORMA- shall facilitate the security clearances need- Homeland Security Act of 2002 (6 U.S.C. 203); TION SHARING PLAN.— ed for public and private stakeholders to re- or ‘‘(1) ESTABLISHMENT OF PLAN.—The Sec- ceive and obtain access to classified informa- (2) any other position within the Depart- retary of Homeland Security, in consultation tion as appropriate. ment the duties and responsibilities of which with the program manager of the informa- ‘‘(8) CLASSIFICATION OF MATERIAL.—The include carrying out 1 or more of the func- tion sharing environment established under Secretary, to the greatest extent prac- tions that were transferred from the Trans- section 1016 of the Intelligence Reform and ticable, shall provide public and private portation Security Administration of the De- Terrorism Prevention Act of 2004 (6 U.S.C. stakeholders with specific and actionable in- partment of Transportation to the Secretary 485), the Secretary of Transportation, and formation in an unclassified format. by such section. public and private stakeholders, shall estab- ‘‘(9) DEFINITIONS.—In this subsection: (b) ELIMINATION OF CERTAIN PERSONNEL lish a Transportation Security Information ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT- MANAGEMENT AUTHORITIES.—Effective 90 Sharing Plan. TEES.—The term ‘appropriate congressional days after the date of enactment of this ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro- committees’ has the meaning given that Act— mote sharing of transportation security in- term in subsection (t). (1) section 111(d) of the Aviation and formation between the Department of Home- ‘‘(B) PLAN.—The term ‘Plan’ means the Transportation Security Act (49 U.S.C. 44935 land Security and public and private stake- Transportation Security Information Shar- note) is repealed and any authority of the holders. ing Plan established under paragraph (1). Secretary derived from such section 111(d) ‘‘(3) CONTENT OF PLAN.—The Plan shall in- ‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.— shall terminate; clude— The term ‘public and private stakeholders’ (2) any personnel management system, to ‘‘(A) a description of how intelligence ana- means Federal, State, and local agencies, the extent established or modified under lysts within the Department of Homeland tribal governments, and appropriate private such section 111(d) (including by the Sec- Security will coordinate their activities entities, including nonprofit employee labor retary through the exercise of any authority within the Department and with other Fed- organizations. derived from such section 111(d)) shall termi- eral, State, and local agencies, and tribal ‘‘(D) SECRETARY.—The term ‘Secretary’ nate; and governments; means the Secretary of Homeland Security. (3) the Secretary shall ensure that all TSA ‘‘(B) an assignment of a single point of con- ‘‘(E) TRANSPORTATION SECURITY INFORMA- employees are subject to the same personnel tact for and within the Department of Home- TION.—The term ‘transportation security in- management system as described in para- land Security for its sharing of transpor- formation’ means information relating to graph (1) or (2) of subsection (e). tation security information with public and the threats to and vulnerabilities and con- (c) ESTABLISHMENT OF CERTAIN UNIFORMITY private stakeholders; sequences of transportation modes, including REQUIREMENTS.— ‘‘(C) a demonstration of input on the devel- aviation, bridge and tunnel, mass transit, (1) SYSTEM UNDER SUBSECTION (e)(1).—The opment of the Plan from private and public passenger and freight rail, ferry, highway, Secretary shall, with respect to any per- stakeholders and the program manager of maritime, pipeline, and over-the-road bus sonnel management system described in sub- the information sharing environment estab- transportation.’’. section (e)(1), take any measures which may lished under section 1016 of the Intelligence (b) CONGRESSIONAL OVERSIGHT OF SECURITY be necessary to provide for the uniform Reform and Terrorism Prevention Act of 2004 ASSURANCE FOR PUBLIC AND PRIVATE STAKE- treatment of all TSA employees under such (6 U.S.C. 485); HOLDERS.— system. ‘‘(D) a reasonable deadline by which the (1) IN GENERAL.—Except as provided in (2) SYSTEM UNDER SUBSECTION (e)(2).—Sec- Plan will be implemented; and paragraph (2), the Secretary shall provide a tion 9701(b) of title 5, United States Code, is ‘‘(E) a description of resource needs for ful- semiannual report to the Committee on amended— filling the Plan. Homeland Security and Governmental Af- (A) in paragraph (4), by striking ‘‘and’’ at ‘‘(4) COORDINATION WITH THE INFORMATION fairs and the Committee on Commerce, the end; SHARING ENVIRONMENT.—The Plan shall be— Science, and Transportation of the Senate (B) in paragraph (5), by striking the period ‘‘(A) implemented in coordination with the and the Committee on Homeland Security at the end and inserting ‘‘; and’’; and program manager for the information shar- and the Committee on Transportation and (C) by adding at the end the following: ing environment established under section Infrastructure of the House of Representa- ‘‘(6) provide for the uniform treatment of 1016 of the Intelligence Reform and Ter- tives that— all TSA employees (as that term is defined in

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section 803 of the Improving America’s Secu- ‘‘(1) DEFINITIONS.—In this subsection— the standards are provided under subpara- rity Act of 2007).’’. ‘‘(A) the term ‘credential’ means to provide graph (A), each agency described in subpara- (3) EFFECTIVE DATE.— documentation that can authenticate and graph (A) shall— (A) PROVISIONS RELATING TO A SYSTEM verify the qualifications and identity of ‘‘(i) ensure that all employees or volun- UNDER SUBSECTION (e)(1).—Any measures nec- managers of incidents, emergency response teers of that agency who are likely to re- essary to carry out paragraph (1) shall take providers, and other appropriate personnel, spond to a natural disaster, act of terrorism, effect 90 days after the date of enactment of including by ensuring that such personnel or other man-made disaster are credentialed; this Act. possess a minimum common level of train- and (B) PROVISIONS RELATING TO A SYSTEM ing, experience, physical and medical fitness, ‘‘(ii) submit to the Secretary the name of UNDER SUBSECTION (e)(2).—Any measures nec- and capability appropriate for their position; each credentialed employee or volunteer of essary to carry out the amendments made by ‘‘(B) the term ‘credentialing’ means evalu- such agency. paragraph (2) shall take effect on the later of ating an individual’s qualifications for a spe- ‘‘(C) LEADERSHIP.—The Administrator shall 90 days after the date of enactment of this cific position under guidelines created under provide leadership, guidance, and technical Act and the commencement date of the sys- this subsection and assigning such individual assistance to an agency described in subpara- tem involved. a qualification under the standards devel- graph (A) to facilitate the credentialing (d) REPORT TO CONGRESS.— oped under this subsection; and process of that agency. (1) REPORT REQUIRED.—Not later than 6 ‘‘(C) the term ‘credentialed’ means an indi- ‘‘(5) DOCUMENTATION AND DATABASE SYS- months after the date of enactment of this vidual has been evaluated for a specific posi- TEM.— Act, the Comptroller General of the United tion under the guidelines created under this ‘‘(A) IN GENERAL.—Not later than 1 year States shall submit to the Committee on subsection. after the date of enactment of the Improving Homeland Security and Governmental Af- ‘‘(2) REQUIREMENTS.— America’s Security Act of 2007, the Adminis- fairs of the Senate and the Committee on ‘‘(A) IN GENERAL.—The Administrator shall trator shall establish and maintain a docu- Homeland Security of the House of Rep- enter into a memorandum of understanding mentation and database system of Federal resentatives a report on— with the administrators of the Emergency emergency response providers and all other (A) the pay system that applies with re- Management Assistance Compact, State, Federal personnel credentialed to respond to spect to TSA employees as of the date of en- local, and tribal governments, emergency re- a natural disaster, act of terrorism, or other actment of this Act; and sponse providers, and the organizations that man-made disaster. (B) any changes to such system which represent such providers, to collaborate on ‘‘(B) ACCESSIBILITY.—The documentation would be made under any regulations which establishing nationwide standards for and database system established under sub- have been prescribed under chapter 97 of title credentialing all personnel who are likely to paragraph (1) shall be accessible to the Fed- 5, United States Code. respond to a natural disaster, act of ter- eral coordinating officer and other appro- (2) MATTERS FOR INCLUSION.—The report re- rorism, or other man-made disaster. priate officials preparing for or responding quired under paragraph (1) shall include— ‘‘(B) CONTENTS.—The standards developed to a natural disaster, act of terrorism, or (A) a brief description of each pay system under subparagraph (A) shall— other man-made disaster. described in paragraphs (1)(A) and (1)(B), re- ‘‘(i) include the minimum professional ‘‘(C) CONSIDERATIONS.—The Administrator spectively; qualifications, certifications, training, and shall consider whether the credentialing sys- (B) a comparison of the relative advan- education requirements for specific emer- tem can be used to regulate access to areas tages and disadvantages of each of those pay gency response functional positions that are affected by a natural disaster, act of ter- systems; and applicable to Federal, State, local, and tribal rorism, or other man-made disaster. (C) such other matters as the Comptroller government; ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- ‘‘(ii) be compatible with the National Inci- MENTS.—Not later than 6 months after the General determines appropriate. dent Management System; and date of enactment of the Improving Amer- (e) PERSONNEL MANAGEMENT SYSTEM DE- ‘‘(iii) be consistent with standards for ad- ica’s Security Act of 2007, the Administrator SCRIBED.—A personnel management system described in this subsection is— vance registration for health professions vol- shall— (1) any personnel management system, to unteers under section 319I of the Public ‘‘(A) in collaboration with the administra- the extent that it applies with respect to any Health Services Act (42 U.S.C. 247d–7b). tors of the Emergency Management Assist- ‘‘(C) TIMEFRAME.—The Administrator shall ance Compact, State, local, and tribal gov- TSA employees under section 114(n) of title develop standards under subparagraph (A) ernments, emergency response providers, and 49, United States Code; and not later than 6 months after the date of en- the organizations that represent such pro- (2) any human resources management sys- actment of the Improving America’s Secu- viders, provide detailed written guidance, as- tem, established under chapter 97 of title 5, rity Act of 2007. sistance, and expertise to State, local, and United States Code. ‘‘(3) CREDENTIALING OF DEPARTMENT PER- tribal governments to facilitate the TITLE IX—INCIDENT COMMAND SYSTEM SONNEL.— credentialing of State, local, and tribal SEC. 901. PREIDENTIFYING AND EVALUATING ‘‘(A) IN GENERAL.—Not later than 1 year emergency response providers commonly or MULTIJURISDICTIONAL FACILITIES after the date of enactment of the Improving likely to be used in responding to a natural TO STRENGTHEN INCIDENT COM- America’s Security Act of 2007, the Sec- disaster, act of terrorism, or other man- MAND; PRIVATE SECTOR PREPARED- retary and the Administrator shall ensure made disaster; and NESS. that all personnel of the Department (includ- ‘‘(B) in coordination with the administra- Section 507(c)(2) of the Homeland Security ing temporary personnel and individuals in tors of the Emergency Management Assist- Act of 2002 (6 U.S.C. 317(c)(2)) is amended— the Surge Capacity Force established under ance Compact, State, local, and tribal gov- (1) in subparagraph (H), by striking ‘‘and’’ section 624 of the Post-Katrina Emergency ernments, emergency response providers at the end; Management Reform Act of 2006 (6 U.S.C. (and the organizations that represent such (2) by redesignating subparagraph (I) as 711)) who are likely to respond to a natural providers), and appropriate national profes- subparagraph (K); and disaster, act of terrorism, or other man- sional organizations, assist State, local, and (3) by inserting after subparagraph (H) the made disaster are credentialed. tribal governments with credentialing the following: ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—Not personnel of the State, local, or tribal gov- ‘‘(I) coordinating with the private sector to later than 90 days after completion of the ernment under the guidance provided under help ensure private sector preparedness for credentialing under subparagraph (A), the subparagraph (A). natural disasters, acts of terrorism, or other Administrator shall evaluate whether the ‘‘(7) REPORT.—Not later than 6 months man-made disasters; workforce of the Agency complies with the after the date of enactment of the Improving ‘‘(J) assisting State, local, or tribal gov- strategic human capital plan of the Agency America’s Security Act of 2007, and annually ernments, where appropriate, to preidentify developed under section 10102 of title 5, thereafter, the Administrator shall submit and evaluate suitable sites where a multi- United States Code, and is sufficient to re- to the Committee on Homeland Security and jurisdictional incident command system can spond to a catastrophic incident. Governmental Affairs of the Senate and the be quickly established and operated from, if ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE Committee on Homeland Security of the the need for such a system arises; and’’. PLAN.— House of Representatives a report describing SEC. 902. CREDENTIALING AND TYPING TO ‘‘(A) DISTRIBUTION OF STANDARDS.—Not the implementation of this subsection, in- STRENGTHEN INCIDENT COMMAND. later than 6 months after the date of enact- cluding the number and level of qualification (a) IN GENERAL.—Title V of the Homeland ment of the Improving America’s Security of Federal personnel trained and ready to re- Security Act of 2002 (6 U.S.C. 331 et seq.) is Act of 2007, the Administrator shall provide spond to a natural disaster, act of terrorism, amended— the standards developed under paragraph (2) or other man-made disaster. (1) by striking section 510 and inserting the to all Federal agencies that have responsibil- ‘‘(b) TYPING OF RESOURCES.— following: ities under the National Response Plan. ‘‘(1) DEFINITIONS.—In this subsection— ‘‘SEC. 510. CREDENTIALING AND TYPING. ‘‘(B) CREDENTIALING OF AGENCIES.—Not ‘‘(A) the term ‘typed’ means an asset or re- ‘‘(a) CREDENTIALING.— later than 6 months after the date on which source that has been evaluated for a specific

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function under the guidelines created under the organizations that represent such pro- (b) SECTOR LISTS.—In coordination with this section; and viders, shall— other initiatives of the Secretary relating to ‘‘(B) the term ‘typing’ means to define in ‘‘(A) provide detailed written guidance, as- critical infrastructure or key resource pro- detail the minimum capabilities of an asset sistance, and expertise to State, local, and tection and partnerships between the govern- or resource. tribal governments to facilitate the typing ment and private sector, the Secretary may ‘‘(2) REQUIREMENTS.— of the resources and assets of State, local, establish additional critical infrastructure ‘‘(A) IN GENERAL.—The Administrator shall and tribal governments likely to be used in and key resources priority lists by sector, in- enter into a memorandum of understanding responding to a natural disaster, act of ter- cluding at a minimum the sectors named in with the administrators of the Emergency rorism, or other man-made disaster; and Homeland Security Presidential Directive–7 Management Assistance Compact, State, ‘‘(B) assist State, local, and tribal govern- as in effect on January 1, 2006. local, and tribal governments, emergency re- ments with typing resources and assets of (c) MAINTENANCE.—Each list created under sponse providers, and organizations that rep- State, local, or tribal governments under the this section shall be reviewed and updated on resent such providers, to collaborate on es- guidance provided under subparagraph (A). an ongoing basis, but at least annually. (d) ANNUAL REPORT.— tablishing nationwide standards for typing of ‘‘(7) REPORT.—Not later than 6 months (1) GENERALLY.—Not later than 120 days resources commonly or likely to be used in after the date of enactment of the Improving after the date of enactment of this Act, and responding to a natural disaster, act of ter- America’s Security Act of 2007, and annually annually thereafter, the Secretary shall sub- rorism, or other man-made disaster. thereafter, the Administrator shall submit mit to the Committee on Homeland Security ‘‘(B) CONTENTS.—The standards developed to the Committee on Homeland Security and and Governmental Affairs of the Senate and under subparagraph (A) shall— Governmental Affairs of the Senate and the the Committee on Homeland Security of the ‘‘(i) be applicable to Federal, State, local, Committee on Homeland Security of the House of Representatives a report summa- and tribal government; and House of Representatives a report describing the implementation of this subsection, in- rizing— ‘‘(ii) be compatible with the National Inci- (A) the criteria used to develop each list dent Management System. cluding the number and type of Federal re- sources and assets ready to respond to a nat- created under this section; ‘‘(3) TYPING OF DEPARTMENT RESOURCES AND (B) the methodology used to solicit and ASSETS.—Not later than 1 year after the date ural disaster, act of terrorism, or other man- made disaster. verify submissions for each list; of enactment of the Improving America’s Se- (C) the name, location, and sector classi- curity Act of 2007, the Secretary shall ensure ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such fication of assets in each list created under that all resources and assets of the Depart- sums as necessary to carry out this sec- this section; ment that are commonly or likely to be used tion.’’; and (D) a description of any additional lists or to respond to a natural disaster, act of ter- (2) by adding after section 522, as added by databases the Department has developed to rorism, or other man-made disaster are section 703 of this Act, the following: prioritize critical infrastructure on the basis typed. ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRIT- of risk; and ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE ICAL INFRASTRUCTURE. (E) how each list developed under this sec- PLAN.— ‘‘Not later than 6 months after the date of tion will be used by the Secretary in pro- ‘‘(A) DISTRIBUTION OF STANDARDS.—Not enactment of the Improving America’s Secu- gram activities, including grant making. later than 6 months after the date of enact- rity Act of 2007, and in coordination with ap- (2) CLASSIFIED INFORMATION.—The Sec- ment of the Improving America’s Security propriate national professional organiza- retary shall submit with each report under Act of 2007, the Administrator shall provide tions, Federal, State, local, and tribal gov- this subsection a classified annex containing the standards developed under paragraph (2) ernment agencies, and private-sector and information required to be submitted under to all Federal agencies that have responsibil- nongovernmental entities, the Adminis- this subsection that cannot be made public. ities under the National Response Plan. trator shall create model standards or guide- SEC. 1002. RISK ASSESSMENT AND REPORT. ‘‘(B) TYPING OF AGENCIES, ASSETS, AND RE- lines that States may adopt in conjunction (a) RISK ASSESSMENT.— SOURCES.—Not later than 6 months after the with critical infrastructure owners and oper- (1) IN GENERAL.—The Secretary, pursuant date on which the standards are provided ators and their employees to permit access to the responsibilities under section 202 of under subparagraph (A), each agency de- to restricted areas in the event of a natural the Homeland Security Act (6 U.S.C. 122), for scribed in subparagraph (A) shall— disaster, act of terrorism, or other man- each fiscal year beginning with fiscal year ‘‘(i) ensure that all resources and assets made disaster.’’. 2007, shall prepare a risk assessment of the (including teams, equipment, and other as- (b) TECHNICAL AND CONFORMING AMEND- critical infrastructure and key resources of sets) of that agency that are commonly or MENT.—The table of contents in section 1(b) the Nation which shall— likely to be used to respond to a natural dis- of the Homeland Security Act of 2002 (6 (A) be organized by sector, including the aster, act of terrorism, or other man-made U.S.C. 101(b)) is amended by inserting after critical infrastructure sectors named in disaster are typed; and the item relating to section 522, as added by Homeland Security Presidential Directive–7, ‘‘(ii) submit to the Secretary a list of all section 703 of this Act, the following: as in effect on January 1, 2006; and types resources and assets. ‘‘Sec. 523. Providing secure access to critical (B) contain any actions or counter- ‘‘(C) LEADERSHIP.—The Administrator shall infrastructure.’’. measures proposed, recommended, or di- provide leadership, guidance, and technical TITLE X—CRITICAL INFRASTRUCTURE rected by the Secretary to address security assistance to an agency described in subpara- PROTECTION concerns covered in the assessment. graph (A) to facilitate the typing process of SEC. 1001. CRITICAL INFRASTRUCTURE PROTEC- (2) RELIANCE ON OTHER ASSESSMENTS.—In that agency. TION. preparing the assessments and reports under ‘‘(5) DOCUMENTATION AND DATABASE SYS- (a) CRITICAL INFRASTRUCTURE LIST.—Not this section, the Department may rely on a TEM.— later than 90 days after the date of enact- vulnerability assessment or risk assessment ‘‘(A) IN GENERAL.—Not later than 1 year ment of this Act, and in coordination with prepared by another Federal agency that the after the date of enactment of the Improving other initiatives of the Secretary relating to Department determines is prepared in co- America’s Security Act of 2007, the Adminis- critical infrastructure or key resource pro- ordination with other initiatives of the De- trator shall establish and maintain a docu- tection and partnerships between the govern- partment relating to critical infrastructure mentation and database system of Federal ment and private sector, the Secretary shall or key resource protection and partnerships resources and assets commonly or likely to establish a risk-based prioritized list of crit- between the government and private sector, be used to respond to a natural disaster, act ical infrastructure and key resources that— if the Department certifies in the applicable of terrorism, or other man-made disaster. (1) includes assets or systems that, if suc- report submitted under subsection (b) that ‘‘(B) ACCESSIBILITY.—The documentation cessfully destroyed or disrupted through a the Department— and database system established under sub- terrorist attack or natural catastrophe, (A) reviewed the methodology and analysis paragraph (A) shall be accessible to the Fed- would cause catastrophic national or re- of the assessment upon which the Depart- eral coordinating officer and other appro- gional impacts, including— ment relied; and priate officials preparing for or responding (A) significant loss of life; (B) determined that assessment is reliable. to a natural disaster, act of terrorism, or (B) severe economic harm; (b) REPORT.— other man-made disaster. (C) mass evacuations; or (1) IN GENERAL.—Not later than 6 months ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN- (D) loss of a city, region, or sector of the after the last day of fiscal year 2007 and for MENTS.—Not later than 6 months after the economy as a result of contamination, de- each year thereafter, the Secretary shall date of enactment of the Improving Amer- struction, or disruption of vital public serv- submit to the Committee on Homeland Secu- ica’s Security Act of 2007, the Administrator, ices; and rity and Governmental Affairs of the Senate in collaboration with the administrators of (2) reflects a cross-sector analysis of crit- and the Committee on Homeland Security of the Emergency Management Assistance ical infrastructure to determine priorities the House of Representatives a report con- Compact, State, local, and tribal govern- for prevention, protection, recovery, and res- taining a summary and review of the risk as- ments, emergency response providers, and toration. sessments prepared by the Secretary under

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this section for that fiscal year, which shall ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO rity Act of 1947 (50 U.S.C. 413 et seq.), as be organized by sector and which shall in- REQUESTS FROM CONGRESS FOR INTELLIGENCE amended by subsection (a), is amended by clude recommendations of the Secretary for DOCUMENTS AND INFORMATION adding at the end the following new section: mitigating risks identified by the assess- ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— ‘‘DISCLOSURES TO CONGRESS ments. The Director of the National Counterter- ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CER- (2) CLASSIFIED ANNEX.—The report under rorism Center, the Director of a national in- TAIN INFORMATION.—An employee of a cov- this subsection may contain a classified telligence center, or the head of any depart- ered agency or an employee of a contractor annex. ment, agency, or element of the intelligence carrying out activities pursuant to a con- SEC. 1003. USE OF EXISTING CAPABILITIES. community shall, not later than 15 days tract with a covered agency may disclose after receiving a request for any intelligence covered information to an authorized indi- Where appropriate, the Secretary shall use assessment, report, estimate, legal opinion, vidual without first reporting such informa- the National Infrastructure Simulation and or other intelligence information from the tion to the appropriate Inspector General. Analysis Center to carry out the actions re- Select Committee on Intelligence of the Sen- ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this quired under this title. ate, the Permanent Select Committee on In- section, the term ‘authorized individual’ TITLE XI—CONGRESSIONAL OVERSIGHT telligence of the House of Representatives, means— OF INTELLIGENCE or any other committee of Congress with ju- ‘‘(A) a Member of the Senate or the House risdiction over the subject matter to which of Representatives who is authorized to re- SEC. 1101. AVAILABILITY TO PUBLIC OF CERTAIN information in such assessment, report, esti- ceive information of the type disclosed; or INTELLIGENCE FUNDING INFORMA- mate, legal opinion, or other information re- ‘‘(B) an employee of the Senate or the TION. lates, make available to such committee House of Representatives who— (a) AMOUNTS REQUESTED EACH FISCAL such assessment, report, estimate, legal ‘‘(i) has an appropriate security clearance; YEAR.—The President shall disclose to the opinion, or other information, as the case and public for each fiscal year after fiscal year may be. ‘‘(ii) is authorized to receive information 2007 the aggregate amount of appropriations ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) of the type disclosed. requested in the budget of the President for The Director of the National Counterter- ‘‘(2) An authorized individual described in such fiscal year for the National Intelligence rorism Center, the Director of a national in- paragraph (1) to whom covered information Program. telligence center, or the head of any depart- is disclosed under the authority in sub- section (a) shall be presumed to have a need (b) AMOUNTS AUTHORIZED AND APPRO- ment, agency, or element of the intelligence to know such covered information. PRIATED EACH FISCAL YEAR.—Congress shall community shall respond, in the time speci- ‘‘(c) COVERED AGENCY AND COVERED INFOR- disclose to the public for each fiscal year fied in subsection (a), to a request described MATION DEFINED.—In this section: after fiscal year 2007 the aggregate amount in that subsection from the Chairman or Vice Chairman of the Select Committee on ‘‘(1) The term ‘covered agency’ means— of funds authorized to be appropriated, and ‘‘(A) any department, agency, or element the aggregate amount of funds appropriated, Intelligence of the Senate or the Chairman or Ranking Member of the Permanent Select of the intelligence community; by Congress for such fiscal year for the Na- ‘‘(B) a national intelligence center; and tional Intelligence Program. Committee on Intelligence of the House of Representatives. ‘‘(C) any other Executive agency, or ele- (c) STUDY ON DISCLOSURE OF ADDITIONAL IN- ‘‘(2) Upon making a request covered by ment or unit thereof, determined by the FORMATION.— paragraph (1)— President under section 2302(a)(2)(C)(ii) of (1) IN GENERAL.—The Director of National ‘‘(A) the Chairman or Vice Chairman, as title 5, United States Code, to have as its Intelligence shall conduct a study to assess the case may be, of the Select Committee on principal function the conduct of foreign in- the advisability of disclosing to the public Intelligence of the Senate shall notify the telligence or counterintelligence activities. amounts as follows: other of the Chairman or Vice Chairman of ‘‘(2) The term ‘covered information’— (A) The aggregate amount of appropria- such request; and ‘‘(A) means information, including classi- tions requested in the budget of the Presi- ‘‘(B) the Chairman or Ranking Member, as fied information, that an employee referred dent for each fiscal year for each element of the case may be, of the Permanent Select to in subsection (a) reasonably believes pro- the intelligence community. Committee on Intelligence of the House of vides direct and specific evidence of a false (B) The aggregate amount of funds author- Representatives shall notify the other of the or inaccurate statement— ized to be appropriated, and the aggregate Chairman or Ranking Member of such re- ‘‘(i) made to Congress; or amount of funds appropriated, by Congress quest. ‘‘(ii) contained in any intelligence assess- for each fiscal year for each element of the ‘‘(c) ASSERTION OF PRIVILEGE.—In response ment, report, or estimate; and intelligence community. to a request covered by subsection (a) or (b), ‘‘(B) does not include information the dis- (2) REQUIREMENTS.—The study required by the Director of the National Counterter- closure of which is prohibited by rule 6(e) of paragraph (1) shall— rorism Center, the Director of a national in- the Federal Rules of Criminal Procedure. (A) address whether or not the disclosure telligence center, or the head of any depart- ‘‘(d) CONSTRUCTION WITH OTHER REPORTING to the public of the information referred to ment, agency, or element of the intelligence REQUIREMENTS.—Nothing in this section may in that paragraph would harm the national community shall provide the document or be construed to modify, alter, or otherwise security of the United States; and information covered by such request unless affect— (B) take into specific account concerns re- the President certifies that such document ‘‘(1) any reporting requirement relating to lating to the disclosure of such information or information is not being provided because intelligence activities that arises under this for each element of the intelligence commu- the President is asserting a privilege pursu- Act or any other provision of law; or nity. ant to the Constitution of the United States. ‘‘(2) the right of any employee of the (3) REPORT.—Not later than 180 days after ‘‘(d) INDEPENDENT TESTIMONY OF INTEL- United States to disclose information to the date of enactment of this Act, the Direc- LIGENCE OFFICIALS.—No officer, department, Congress, in accordance with applicable law, tor shall submit to Congress a report on the agency, or element within the Executive information other than covered informa- study required by paragraph (1). branch shall have any authority to require tion.’’. the head of any department, agency, or ele- (c) CLERICAL AMENDMENT.—The table of (d) DEFINITIONS.—In this section— (1) the term ‘‘element of the intelligence ment of the intelligence community, or any contents in the first section of that Act is amended by inserting after the item relating community’’ means an element of the intel- designate of such a head— to section 507 the following new items: ligence community specified in or designated ‘‘(1) to receive permission to testify before under section 3(4) of the National Security Congress; or ‘‘Sec. 508. Response of intelligence commu- Act of 1947 (50 U.S.C. 401a(4)); and ‘‘(2) to submit testimony, legislative rec- nity to requests from Congress (2) the term ‘‘National Intelligence Pro- ommendations, or comments to any officer for intelligence documents and gram’’ has the meaning given that term in or agency of the Executive branch for ap- information. section 3(6) of the National Security Act of proval, comments, or review prior to the sub- ‘‘Sec. 509. Disclosures to Congress.’’. 1947 (50 U.S.C. 401a(6)). mission of such recommendations, testi- SEC. 1103. PUBLIC INTEREST DECLASSIFICATION mony, or comments to Congress if such testi- BOARD. SEC. 1102. RESPONSE OF INTELLIGENCE COMMU- mony, legislative recommendations, or com- The Public Interest Declassification Act of NITY TO REQUESTS FROM CON- ments include a statement indicating that 2000 (50 U.S.C. 435 note) is amended— GRESS. the views expressed therein are those of the (1) in section 704(e)— (a) RESPONSE OF INTELLIGENCE COMMUNITY head of the department, agency, or element (A) by striking ‘‘If requested’’ and insert- TO REQUESTS FROM CONGRESS FOR INTEL- of the intelligence community that is mak- ing the following: LIGENCE DOCUMENTS AND INFORMATION.—Title ing the submission and do not necessarily ‘‘(1) IN GENERAL.—If requested’’; and V of the National Security Act of 1947 (50 represent the views of the Administration.’’. (B) by adding at the end the following: U.S.C. 413 et seq.) is amended by adding at (b) DISCLOSURES OF CERTAIN INFORMATION ‘‘(2) AUTHORITY OF BOARD.—Upon receiving the end the following new section: TO CONGRESS.—Title V of the National Secu- a congressional request described in section

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TITLE XII—INTERNATIONAL COOPERA- by a Director, who— ‘‘(2) FOREIGN PARTNERS.—Partners may in- TION ON ANTITER-RORISM TECH- ‘‘(A) shall be selected (in consultation with clude Israel, the United Kingdom, Canada, NOLOGIES the Assistant Secretary for International Af- Australia, Singapore, and other allies in the fairs, Policy Directorate) by and shall report global war on terrorism, as determined by SEC. 1201. PROMOTING ANTITERRORISM CAPA- BILITIES THROUGH INTERNATIONAL to the Under Secretary; and the Secretary of State. COOPERATION. ‘‘(B) may be an officer of the Department ‘‘(d) FUNDING.—Funding for all activities (a) FINDINGS.—The Congress finds the fol- serving in another position. under this section shall be paid from discre- lowing: ‘‘(3) RESPONSIBILITIES.— tionary funds appropriated to the Depart- (1) The development and implementation ‘‘(A) DEVELOPMENT OF MECHANISMS.—The ment. of technology is critical to combating ter- Director shall be responsible for developing, ‘‘(e) FOREIGN REIMBURSEMENTS.—If the rorism and other high consequence events in coordination with the Department of Science and Technology Homeland Security and implementing a comprehensive home- State, the Department of Defense, the De- International Cooperative Programs Office land security strategy. partment of Energy, and other Federal agen- participates in an international cooperative (2) The United States and its allies in the cies, mechanisms and legal frameworks to activity with a foreign partner on a cost- global war on terrorism share a common in- allow and to support international coopera- sharing basis, any reimbursements or con- terest in facilitating research, development, tive activity in support of homeland security tributions received from that foreign partner testing, and evaluation of equipment, capa- research. to meet the share of that foreign partner of bilities, technologies, and services that will ‘‘(B) PRIORITIES.—The Director shall be re- the project may be credited to appropriate aid in detecting, preventing, responding to, sponsible for developing, in coordination appropriations accounts of the Directorate of recovering from, and mitigating against acts with the Directorate of Science and Tech- Science and Technology.’’. of terrorism. nology, the other components of the Depart- (2) TECHNICAL AND CONFORMING AMEND- (3) Certain United States allies in the glob- ment (including the Office of the Assistant MENT.—The table of contents in section 1(b) al war on terrorism, including Israel, the Secretary for International Affairs, Policy of the Homeland Security Act of 2002 (6 United Kingdom, Canada, Australia, and Directorate), the Department of State, the U.S.C. 101 et seq.) is amended by adding after Singapore have extensive experience with, Department of Defense, the Department of the item relating to section 316, as added by and technological expertise in, homeland se- Energy, and other Federal agencies, stra- section 601 of this Act, the following: curity. tegic priorities for international cooperative ‘‘Sec. 317. Promoting antiterrorism through (4) The United States and certain of its al- activity. international cooperation pro- lies in the global war on terrorism have a ‘‘(C) ACTIVITIES.—The Director shall facili- gram.’’. history of successful collaboration in devel- tate the planning, development, and imple- SEC. 1202. TRANSPARENCY OF FUNDS. oping mutually beneficial equipment, capa- mentation of international cooperative ac- For each Federal award (as that term is de- bilities, technologies, and services in the tivity to address the strategic priorities de- fined in section 2 of the Federal Funding Ac- areas of defense, agriculture, and tele- veloped under subparagraph (B) through countability and Transparency Act of 2006 communications. mechanisms the Under Secretary considers (31 U.S.C. 6101 note)) under this title or an (5) The United States and its allies in the appropriate, including grants, cooperative amendment made by this title, the Director global war on terrorism will mutually ben- agreements, or contracts to or with foreign of the Office of Management and Budget efit from the sharing of technological exper- public or private entities, governmental or- shall ensure full and timely compliance with tise to combat domestic and international ganizations, businesses, federally funded re- the requirements of the Federal Funding Ac- terrorism. search and development centers, and univer- countability and Transparency Act of 2006 (6) The establishment of an office to facili- sities. (31 U.S.C. 6101 note). tate and support cooperative endeavors be- ‘‘(D) IDENTIFICATION OF PARTNERS.—The Di- TITLE XIII—TRANSPORTATION AND tween and among government agencies, for- rector shall facilitate the matching of INTEROPERABLE COMMUNICATION CA- profit business entities, academic institu- United States entities engaged in homeland PABILITIES tions, and nonprofit entities of the United security research with non-United States en- States and its allies will safeguard lives and tities engaged in homeland security research SEC. 1301. SHORT TITLE. property worldwide against acts of terrorism so that they may partner in homeland secu- This title may be cited as the ‘‘Transpor- and other high consequence events. rity research activities. tation Security and Interoperable Commu- (b) PROMOTING ANTITERRORISM THROUGH ‘‘(4) COORDINATION.—The Director shall en- nication Capabilities Act’’. INTERNATIONAL COOPERATION ACT.— sure that the activities under this subsection Subtitle A—Surface Transportation and Rail (1) IN GENERAL.—The Homeland Security are coordinated with the Office of Inter- Security national Affairs and the Department of Act of 2002 is amended by inserting after sec- SEC. 1311. DEFINITION. State, the Department of Defense, the De- tion 316, as added by section 601 of this Act, In this title, the term ‘‘high hazard mate- partment of Energy, and other relevant Fed- the following: rials’’ means quantities of poison inhalation eral agencies or interagency bodies. The Di- ‘‘SEC. 317. PROMOTING ANTITERRORISM hazard materials, Class 2.3 gases, Class 6.1 rector may enter into joint activities with THROUGH INTERNATIONAL CO- materials, anhydrous ammonia, and other OPERATION PROGRAM. other Federal agencies. hazardous materials that the Secretary, in ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) MATCHING FUNDING.— consultation with the Secretary of Transpor- ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(1) IN GENERAL.— tation, determines pose a security risk. the Director selected under subsection (b)(2). ‘‘(A) EQUITABILITY.—The Director shall en- ‘‘(2) INTERNATIONAL COOPERATIVE ACTIV- sure that funding and resources expended in PART I—IMPROVED RAIL SECURITY ITY.—The term ‘international cooperative international cooperative activity will be eq- SEC. 1321. RAIL TRANSPORTATION SECURITY activity’ includes— uitably matched by the foreign partner gov- RISK ASSESSMENT. ‘‘(A) coordinated research projects, joint ernment or other entity through direct fund- (a) IN GENERAL.— research projects, or joint ventures; ing, funding of complementary activities, or (1) RISK ASSESSMENT.—The Secretary shall ‘‘(B) joint studies or technical demonstra- through the provision of staff, facilities, ma- establish a task force, including the Trans- tions; terial, or equipment. portation Security Administration, the De- ‘‘(C) coordinated field exercises, scientific ‘‘(B) GRANT MATCHING AND REPAYMENT.— partment of Transportation, and other ap- seminars, conferences, symposia, and work- ‘‘(i) IN GENERAL.—The Secretary may re- propriate agencies, to complete a risk assess- shops; quire a recipient of a grant under this sec- ment of freight and passenger rail transpor- ‘‘(D) training of scientists and engineers; tion— tation (encompassing railroads, as that term

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is defined in section 20102(1) of title 49, (C) a contingency plan, developed in co- (3) SPECIFIC PROJECTS.—The Secretary United States Code). The assessment shall ordination with freight and intercity and shall make such grants— include— commuter passenger railroads, to ensure the (A) to secure major tunnel access points (A) a methodology for conducting the risk continued movement of freight and pas- and ensure tunnel integrity in New York, assessment, including timelines, that ad- sengers in the event of an attack affecting New Jersey, Maryland, and Washington, DC; dresses how the Department of Homeland Se- the railroad system, which shall con- (B) to secure Amtrak trains; curity will work with the entities described template— (C) to secure Amtrak stations; in subsection (b) and make use of existing (i) the possibility of rerouting traffic due (D) to obtain a watch list identification Federal expertise within the Department of to the loss of critical infrastructure, such as system approved by the Secretary; Homeland Security, the Department of a bridge, tunnel, yard, or station; and (E) to obtain train tracking and interoper- Transportation, and other appropriate agen- (ii) methods of continuing railroad service able communications systems that are co- cies; in the Northeast Corridor in the event of a ordinated to the maximum extent possible; (B) identification and evaluation of critical commercial power loss, or catastrophe af- (F) to hire additional police officers, spe- assets and infrastructures; fecting a critical bridge, tunnel, yard, or sta- cial agents, security officers, including ca- (C) identification of risks to those assets tion. nine units, and to pay for other labor costs and infrastructures; (b) CONSULTATION; USE OF EXISTING RE- directly associated with security and ter- (D) identification of risks that are specific SOURCES.—In carrying out the assessment rorism prevention activities; to the transportation of hazardous materials and developing the recommendations and (G) to expand emergency preparedness ef- via railroad; plans required by subsection (a), the Sec- forts; and (E) identification of risks to passenger and retary shall consult with rail management, (H) for employee security training. cargo security, transportation infrastructure rail labor, owners or lessors of rail cars used (b) CONDITIONS.—The Secretary of Trans- (including rail tunnels used by passenger and to transport hazardous materials, first re- portation shall disburse funds to Amtrak freight railroads in high threat urban areas), sponders, offerers of hazardous materials, provided under subsection (a) for projects protection systems, operations, communica- public safety officials, and other relevant contained in a systemwide security plan ap- tions systems, employee training, emergency parties. In developing the risk assessment re- proved by the Secretary. Amtrak shall de- response planning, and any other area identi- quired under this section, the Secretary velop the security plan in consultation with fied by the assessment; shall utilize relevant existing risk assess- constituent States and other relevant par- (F) an assessment of public and private ments developed by the Department or other ties. The plan shall include appropriate operational recovery plans to expedite, to Federal agencies, and, as appropriate, assess- measures to address security awareness, the maximum extent practicable, the return ments developed by other public and private emergency response, and passenger evacu- stakeholders. of an adversely affected freight or passenger ation training and shall be consistent with (c) REPORT.— rail transportation system or facility to its State security plans to the maximum extent (1) CONTENTS.—Within 1 year after the date normal performance level after a major ter- practicable. of enactment of this Act, the Secretary shall rorist attack or other security event on that (c) EQUITABLE GEOGRAPHIC ALLOCATION.— transmit to the Committee on Commerce, system or facility; and The Secretary shall ensure that, subject to Science, and Transportation of the Senate, (G) an account of actions taken or planned meeting the highest security needs on Am- and the Committee on Transportation and by both public and private entities to ad- trak’s entire system and consistent with the Infrastructure and the Committee on Home- dress identified rail security issues and as- risk assessment required under section 1321, land Security of the House of Representa- sess the effective integration of such actions. stations and facilities located outside of the ECOMMENDATIONS.—Based on the as- tives a report containing— (2) R Northeast Corridor receive an equitable sessment conducted under paragraph (1), the (A) the assessment, prioritized rec- share of the security funds authorized by Secretary, in consultation with the Sec- ommendations, and plans required by sub- this section. retary of Transportation, shall develop section (a); and (d) AVAILABILITY OF FUNDS.— prioritized recommendations for improving (B) an estimate of the cost to implement (1) IN GENERAL.—Out of funds appropriated rail security, including any recommenda- such recommendations. pursuant to section 114(u) of title 49, United tions the Secretary has for— (2) FORMAT.—The Secretary may submit States Code, as amended by section 1336 of (A) improving the security of rail tunnels, the report in both classified and redacted this title, there shall be made available to rail bridges, rail switching and car storage formats if the Secretary determines that the Secretary and the Assistant Secretary of areas, other rail infrastructure and facilities, such action is appropriate or necessary. Homeland Security (Transportation Security information systems, and other areas identi- (d) ANNUAL UPDATES.—The Secretary, in Administration) to carry out this section— fied by the Secretary as posing significant consultation with the Secretary of Transpor- (A) $63,500,000 for fiscal year 2008; rail-related risks to public safety and the tation, shall update the assessment and rec- movement of interstate commerce, taking ommendations each year and transmit a re- (B) $30,000,000 for fiscal year 2009; and into account the impact that any proposed port, which may be submitted in both classi- (C) $30,000,000 for fiscal year 2010. security measure might have on the provi- fied and redacted formats, to the Commit- (2) AVAILABILITY OF APPROPRIATED FUNDS.— sion of rail service or on operations served or tees named in subsection (c)(1), containing Amounts appropriated pursuant to para- otherwise affected by rail service; the updated assessment and recommenda- graph (1) shall remain available until ex- (B) deploying equipment and personnel to tions. pended. detect security threats, including those (e) FUNDING.—Out of funds appropriated SEC. 1323. FIRE AND LIFE-SAFETY IMPROVE- posed by explosives and hazardous chemical, pursuant to section 114(u) of title 49, United MENTS. biological, and radioactive substances, and States Code, as amended by section 1336 of (a) LIFE-SAFETY NEEDS.—The Secretary of any appropriate countermeasures; this title, there shall be made available to Transportation, in consultation with the (C) training appropriate railroad or rail- the Secretary to carry out this section Secretary, is authorized to make grants to road shipper employees in terrorism preven- $5,000,000 for fiscal year 2008. Amtrak for the purpose of making fire and tion, preparedness, passenger evacuation, SEC. 1322. SYSTEMWIDE AMTRAK SECURITY UP- life-safety improvements to Amtrak tunnels and response activities; GRADES. on the Northeast Corridor in New York, New (D) conducting public outreach campaigns (a) IN GENERAL.— Jersey, Maryland, and Washington, DC. on passenger railroads regarding security; (1) GRANTS.—Subject to subsection (c) the (b) AUTHORIZATION OF APPROPRIATIONS.— (E) deploying surveillance equipment; Secretary, in consultation with the Assist- Out of funds appropriated pursuant to sec- (F) identifying the immediate and long- ant Secretary of Homeland Security (Trans- tion 1336(b) of this title, there shall be made term costs of measures that may be required portation Security Administration), is au- available to the Secretary of Transportation to address those risks; and thorized to make grants to Amtrak in ac- for the purposes of carrying out subsection (G) public and private sector sources to cordance with the provisions of this section. (a) the following amounts: fund such measures. (2) GENERAL PURPOSES.—The Secretary (1) For the 6 New York and New Jersey (3) PLANS.—The report required by sub- may make such grants for the purposes of— tunnels to provide ventilation, electrical, section (c) shall include— (A) protecting underwater and under- and fire safety technology upgrades, emer- (A) a plan, developed in consultation with ground assets and systems; gency communication and lighting systems, the freight and intercity passenger railroads, (B) protecting high risk and high con- and emergency access and egress for pas- and State and local governments, for the sequence assets identified through system- sengers— Federal Government to provide adequate se- wide risk assessments; (A) $100,000,000 for fiscal year 2008; curity support at high or severe threat levels (C) providing counter-terrorism training; (B) $100,000,000 for fiscal year 2009; of alert; (D) providing both visible and unpredict- (C) $100,000,000 for fiscal year 2010; and (B) a plan for coordinating existing and able deterrence; and (D) $100,000,000 for fiscal year 2011. planned rail security initiatives undertaken (E) conducting emergency preparedness (2) For the Baltimore & Potomac tunnel by the public and private sectors; and drills and exercises. and the Union tunnel, together, to provide

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00190 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4983 adequate drainage, ventilation, communica- (1) consider the extent to which rail car- the conditions set forth in section 1322(b) of tion, lighting, and passenger egress up- riers other than Amtrak use or plan to use this title. grades— the tunnels; (e) ALLOCATION BETWEEN RAILROADS AND (A) $10,000,000 for fiscal year 2008; (2) consider the feasibility of seeking a fi- OTHERS.—Unless as a result of the assess- (B) $10,000,000 for fiscal year 2009; nancial contribution from those other rail ment required by section 1321 the Secretary (C) $10,000,000 for fiscal year 2010; and carriers toward the costs of the projects; and determines that critical rail transportation (D) $10,000,000 for fiscal year 2011. (3) obtain financial contributions or com- security needs require reimbursement in (3) For the Washington, DC, Union Station mitments from such other rail carriers at greater amounts to any eligible entity, no tunnels to improve ventilation, communica- levels reflecting the extent of their use or grants under this section may be made cu- tion, lighting, and passenger egress up- planned use of the tunnels, if feasible. mulatively over the period authorized by grades— SEC. 1324. FREIGHT AND PASSENGER RAIL SECU- this title— (A) $8,000,000 for fiscal year 2008; RITY UPGRADES. (1) in excess of $45,000,000 to Amtrak; or (B) $8,000,000 for fiscal year 2009; (a) SECURITY IMPROVEMENT GRANTS.—The (2) in excess of $80,000,000 for the purposes (C) $8,000,000 for fiscal year 2010; and Secretary, through the Assistant Secretary described in paragraphs (3) and (5) of sub- (D) $8,000,000 for fiscal year 2011. of Homeland Security (Transportation Secu- section (a). (c) INFRASTRUCTURE UPGRADES.—Out of rity Administration) and other appropriate (f) AUTHORIZATION OF APPROPRIATIONS.— funds appropriated pursuant to section agencies or officials, is authorized to make (1) IN GENERAL.—Out of funds appropriated 1336(b) of this title, there shall be made grants to freight railroads, the Alaska Rail- pursuant to section 114(u) of title 49, United available to the Secretary of Transportation road, hazardous materials offerers, owners of States Code, as amended by section 1336 of for fiscal year 2008 $3,000,000 for the prelimi- rail cars used in the transportation of haz- this title, there shall be made available to nary design of options for a new tunnel on a ardous materials, universities, colleges and the Secretary to carry out this section— different alignment to augment the capacity research centers, State and local govern- (A) $100,000,000 for fiscal year 2008; of the existing Baltimore tunnels. ments (for rail passenger facilities and infra- (B) $100,000,000 for fiscal year 2009; and (d) AVAILABILITY OF APPROPRIATED structure not owned by Amtrak), and, (C) $100,000,000 for fiscal year 2010. FUNDS.—Amounts made available pursuant (2) AVAILABILITY OF APPROPRIATED FUNDS.— to this section shall remain available until through the Secretary of Transportation, to Amounts appropriated pursuant to para- expended. Amtrak, for full or partial reimbursement of graph (1) shall remain available until ex- (e) PLANS REQUIRED.—The Secretary of costs incurred in the conduct of activities to Transportation may not make amounts prevent or respond to acts of terrorism, sabo- pended. available to Amtrak for obligation or ex- tage, or other intercity passenger rail and SEC. 1325. RAIL SECURITY RESEARCH AND DE- penditure under subsection (a)— freight rail security risks identified under VELOPMENT. (1) until Amtrak has submitted to the Sec- section 1321, including— (a) ESTABLISHMENT OF RESEARCH AND DE- retary, and the Secretary has approved, an (1) security and redundancy for critical VELOPMENT PROGRAM.—The Secretary, engineering and financial plan for such communications, computer, and train con- through the Under Secretary for Science and projects; and trol systems essential for secure rail oper- Technology and the Assistant Secretary of (2) unless, for each project funded pursuant ations; Homeland Security (Transportation Security to this section, the Secretary has approved a (2) accommodation of rail cargo or pas- Administration), in consultation with the project management plan prepared by Am- senger screening equipment at the United Secretary of Transportation shall carry out trak addressing appropriate project budget, States-Mexico border, the United States- a research and development program for the construction schedule, recipient staff organi- Canada border, or other ports of entry; purpose of improving freight and intercity zation, document control and record keep- (3) the security of hazardous material passenger rail security that may include re- ing, change order procedure, quality control transportation by rail; search and development projects to— and assurance, periodic plan updates, and (4) secure intercity passenger rail stations, (1) reduce the risk of terrorist attacks on periodic status reports. trains, and infrastructure; rail transportation, including risks posed by (f) REVIEW OF PLANS.— (5) structural modification or replacement explosives and hazardous chemical, biologi- (1) IN GENERAL.—The Secretary of Trans- of rail cars transporting high hazard mate- cal, and radioactive substances to intercity portation shall complete the review of the rials to improve their resistance to acts of rail passengers, facilities, and equipment; plans required by paragraphs (1) and (2) of terrorism; (2) test new emergency response techniques subsection (e) and approve or disapprove the (6) employee security awareness, prepared- and technologies; plans within 45 days after the date on which ness, passenger evacuation, and emergency (3) develop improved freight rail security each such plan is submitted by Amtrak. response training; technologies, including— (2) INCOMPLETE OR DEFICIENT PLAN.—If the (7) public security awareness campaigns for (A) technologies for sealing rail cars; Secretary determines that a plan is incom- passenger train operations; (B) automatic inspection of rail cars; plete or deficient, the Secretary shall notify (8) the sharing of intelligence and informa- (C) communication-based train controls; Amtrak of the incomplete items or defi- tion about security threats; and ciencies and Amtrak shall, within 30 days (9) to obtain train tracking and interoper- (D) emergency response training; after receiving the Secretary’s notification, able communications systems that are co- (4) test wayside detectors that can detect submit a modified plan for the Secretary’s ordinated to the maximum extent possible; tampering with railroad equipment; review. (10) to hire additional police and security (5) support enhanced security for the trans- (3) APPROVAL OF PLAN.—Within 15 days officers, including canine units; and portation of hazardous materials by rail, in- after receiving additional information on (11) other improvements recommended by cluding— items previously included in the plan, and the report required by section 1321, including (A) technologies to detect a breach in a within 45 days after receiving items newly infrastructure, facilities, and equipment up- tank car or other rail car used to transport included in a modified plan, the Secretary grades. hazardous materials and transmit informa- shall either approve the modified plan, or, if (b) ACCOUNTABILITY.—The Secretary shall tion about the integrity of cars to the train the Secretary finds the plan is still incom- adopt necessary procedures, including au- crew or dispatcher; plete or deficient, the Secretary shall— dits, to ensure that grants made under this (B) research to improve tank car integrity, (A) identify in writing to the Committee section are expended in accordance with the with a focus on tank cars that carry high on Commerce, Science, and Transportation purposes of this title and the priorities and hazard materials (as defined in section 1311 of the Senate, and the Committee on Trans- other criteria developed by the Secretary. of this title); and portation and Infrastructure and the Com- (c) ALLOCATION.—The Secretary shall dis- (C) techniques to transfer hazardous mate- mittee on Homeland Security of the House of tribute the funds authorized by this section rials from rail cars that are damaged or oth- Representatives the portions of the plan the based on risk as determined under section erwise represent an unreasonable risk to Secretary finds incomplete or deficient; 1321, and shall encourage non-Federal finan- human life or public safety; and (B) approve all other portions of the plan; cial participation in projects funded by (6) other projects that address risks identi- (C) obligate the funds associated with grants awarded under this section. With re- fied under section 1321. those other portions; and spect to grants for intercity passenger rail (b) COORDINATION WITH OTHER RESEARCH (D) execute an agreement with Amtrak security, the Secretary shall also take into INITIATIVES.—The Secretary shall ensure within 15 days thereafter on a process for re- account passenger volume and whether sta- that the research and development program solving the remaining portions of the plan. tions or facilities are used by commuter rail authorized by this section is coordinated (g) FINANCIAL CONTRIBUTION FROM OTHER passengers as well as intercity rail pas- with other research and development initia- TUNNEL USERS.—The Secretary shall, taking sengers. tives at the Department of Homeland Secu- into account the need for the timely comple- (d) CONDITIONS.—The Secretary of Trans- rity and the Department of Transportation. tion of all portions of the tunnel projects de- portation may not disburse funds to Amtrak The Secretary shall carry out any research scribed in subsection (a)— under subsection (a) unless Amtrak meets and development project authorized by this

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00191 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4984 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 section through a reimbursable agreement (which is based on the best available infor- States Code, is amended by adding at the end with the Secretary of Transportation, if the mation at the time of the request) of the the following: Secretary of Transportation— names of the passengers aboard the train ‘‘24316. Plan to assist families of passengers (1) is already sponsoring a research and de- (whether or not such names have been involved in rail passenger acci- velopment project in a similar area; or verified), and will periodically update the dents’’. (2) has a unique facility or capability that list. The plan shall include a procedure, with SEC. 1328. NORTHERN BORDER RAIL PASSENGER would be useful in carrying out the project. respect to unreserved trains and passengers REPORT. (c) GRANTS AND ACCOUNTABILITY.—To carry not holding reservations on other trains, for Within 1 year after the date of enactment out the research and development program, Amtrak to use reasonable efforts to ascer- of this Act, the Secretary, in consultation the Secretary may award grants to the enti- tain the number and names of passengers with the Assistant Secretary of Homeland ties described in section 1324(a) and shall aboard a train involved in an accident. Security (Transportation Security Adminis- adopt necessary procedures, including au- ‘‘(2) A plan for creating and publicizing a tration), the Secretary of Transportation, dits, to ensure that grants made under this reliable, toll-free telephone number within 4 heads of other appropriate Federal depart- section are expended in accordance with the hours after such an accident occurs, and for ments, and agencies and the National Rail- purposes of this title and the priorities and providing staff, to handle calls from the fam- road Passenger Corporation, shall transmit a other criteria developed by the Secretary. ilies of the passengers. report to the Senate Committee on Com- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) A process for notifying the families of merce, Science, and Transportation, the (1) IN GENERAL.—Out of funds appropriated the passengers, before providing any public House of Representatives Committee on pursuant to section 114(u) of title 49, United notice of the names of the passengers, by Transportation and Infrastructure, and the States Code, as amended by section 1336 of suitably trained individuals. House of Representatives Committee on this title, there shall be made available to ‘‘(4) A process for providing the notice de- Homeland Security that contains— the Secretary to carry out this section— scribed in paragraph (2) to the family of a (1) a description of the current system for (A) $33,000,000 for fiscal year 2008; passenger as soon as Amtrak has verified screening passengers and baggage on pas- (B) $33,000,000 for fiscal year 2009; and that the passenger was aboard the train senger rail service between the United States (C) $33,000,000 for fiscal year 2010. (whether or not the names of all of the pas- and Canada; (2) AVAILABILITY OF APPROPRIATED FUNDS.— sengers have been verified). (2) an assessment of the current program Amounts appropriated pursuant to para- ‘‘(5) A process by which the family of each to provide preclearance of airline passengers graph (1) shall remain available until ex- passenger will be consulted about the dis- between the United States and Canada as pended. position of all remains and personal effects outlined in ‘‘The Agreement on Air Trans- SEC. 1326. OVERSIGHT AND GRANT PROCEDURES. of the passenger within Amtrak’s control; port Preclearance between the Government (a) SECRETARIAL OVERSIGHT.—The Sec- that any possession of the passenger within of Canada and the Government of the United retary may award contracts to audit and re- Amtrak’s control will be returned to the States of America’’, dated January 18, 2001; view the safety, security, procurement, man- family unless the possession is needed for the (3) an assessment of the current program agement, and financial compliance of a re- accident investigation or any criminal inves- to provide preclearance of freight railroad cipient of amounts under this title. tigation; and that any unclaimed possession traffic between the United States and Can- (b) PROCEDURES FOR GRANT AWARD.—The of a passenger within Amtrak’s control will ada as outlined in the ‘‘Declaration of Prin- Secretary shall, within 180 days after the be retained by the rail passenger carrier for ciple for the Improved Security of Rail Ship- date of enactment of this Act, prescribe pro- at least 18 months. ments by Canadian National Railway and cedures and schedules for the awarding of ‘‘(6) A process by which the treatment of Canadian Pacific Railway from Canada to grants under this title, including application the families of nonrevenue passengers will be the United States’’, dated April 2, 2003; and qualification procedures (including a re- the same as the treatment of the families of (4) information on progress by the Depart- quirement that the applicant have a security revenue passengers. ment of Homeland Security and other Fed- plan), and a record of decision on applicant ‘‘(7) An assurance that Amtrak will pro- eral agencies towards finalizing a bilateral eligibility. The procedures shall include the vide adequate training to its employees and protocol with Canada that would provide for execution of a grant agreement between the agents to meet the needs of survivors and preclearance of passengers on trains oper- grant recipient and the Secretary and shall family members following an accident. ating between the United States and Canada; be consistent, to the extent practicable, with ‘‘(c) USE OF INFORMATION.—Neither the Na- (5) a description of legislative, regulatory, the grant procedures established under sec- tional Transportation Safety Board, the Sec- budgetary, or policy barriers within the tion 70107 of title 46, United States Code. retary of Transportation, the Secretary of United States Government to providing pre- (c) ADDITIONAL AUTHORITY.—The Secretary Homeland Security, nor Amtrak may release screened passenger lists for rail passengers may issue nonbinding letters under similar any personal information on a list obtained traveling between the United States and terms to those issued pursuant to section under subsection (b)(1) but may provide in- Canada to the Department of Homeland Se- 47110(e) of title 49, United States Code, to formation on the list about a passenger to curity; sponsors of rail projects funded under this the family of the passenger to the extent (6) a description of the position of the Gov- title. that the Board or Amtrak considers appro- ernment of Canada and relevant Canadian SEC. 1327. AMTRAK PLAN TO ASSIST FAMILIES OF priate. agencies with respect to preclearance of such ‘‘(d) LIMITATION ON LIABILITY.—Amtrak PASSENGERS INVOLVED IN RAIL passengers; shall not be liable for damages in any action PASSENGER ACCIDENTS. (7) a draft of any changes in existing Fed- brought in a Federal or State court arising (a) IN GENERAL.—Chapter 243 of title 49, eral law necessary to provide for pre-screen- out of the performance of Amtrak under this United States Code, is amended by adding at ing of such passengers and providing pre- section in preparing or providing a passenger the end the following: screened passenger lists to the Department ‘‘§ 24316. Plans to address needs of families of list, or in providing information concerning a train reservation, pursuant to a plan sub- of Homeland Security; and passengers involved in rail passenger acci- (8) an analysis of the feasibility of rein- dents mitted by Amtrak under subsection (b), un- less such liability was caused by Amtrak’s stating in-transit inspections onboard inter- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 conduct. national Amtrak trains. months after the date of the enactment of ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- SEC. 1329. RAIL WORKER SECURITY TRAINING the Transportation Security and Interoper- TION.—Nothing in this section may be con- PROGRAM. able Communication Capabilities Act, Am- strued as limiting the actions that Amtrak (a) IN GENERAL.—Not later than 1 year trak shall submit to the Chairman of the Na- may take, or the obligations that Amtrak after the date of enactment of this Act, the tional Transportation Safety Board, the Sec- may have, in providing assistance to the Secretary, in consultation with the Sec- retary of Transportation, and the Secretary families of passengers involved in a rail pas- retary of Transportation, appropriate law of Homeland Security a plan for addressing senger accident. enforcement, security, and terrorism ex- the needs of the families of passengers in- ‘‘(f) FUNDING.—Out of funds appropriated perts, representatives of railroad carriers volved in any rail passenger accident involv- pursuant to section 1336(b) of the Transpor- and shippers, and nonprofit employee organi- ing an Amtrak intercity train and resulting tation Security and Interoperable Commu- zations that represent rail workers, shall de- in a loss of life. nication Capabilities Act, there shall be velop and issue detailed guidance for a rail ‘‘(b) CONTENTS OF PLANS.—The plan to be made available to the Secretary of Transpor- worker security training program to prepare submitted by Amtrak under subsection (a) tation for the use of Amtrak $500,000 for fis- front-line workers for potential threat condi- shall include, at a minimum, the following: cal year 2008 to carry out this section. tions. The guidance shall take into consider- ‘‘(1) A process by which Amtrak will main- Amounts made available pursuant to this ation any current security training require- tain and provide to the National Transpor- subsection shall remain available until ex- ments or best practices. tation Safety Board, the Secretary of Trans- pended.’’. (b) PROGRAM ELEMENTS.—The guidance de- portation, and the Secretary of Homeland (b) CONFORMING AMENDMENT.—The chapter veloped under subsection (a) shall include Security, immediately upon request, a list analysis for chapter 243 of title 49, United elements appropriate to passenger and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00192 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4985 freight rail service that address the fol- ‘‘(1) provided, caused to be provided, or is put into effect by a rail carrier for the ship- lowing: about to provide or cause to be provided, to ment of high hazardous materials by rail on (1) Determination of the seriousness of any the employer or the Federal Government in- the rail carrier’s right-of-way when the occurrence. formation relating to a reasonably perceived threat levels of the Homeland Security Advi- (2) Crew communication and coordination. threat, in good faith, to security; sory System are high or severe or specific in- (3) Appropriate responses to defend or pro- ‘‘(2) provided, caused to be provided, or is telligence of probable or imminent threat ex- tect oneself. about to provide or cause to be provided, tes- ists towards— (4) Use of protective devices. timony before Congress or at any Federal or (1) a high-consequence target that is with- (5) Evacuation procedures. State proceeding regarding a reasonably per- in the catastrophic impact zone of a railroad (6) Psychology, behavior, and methods of ceived threat, in good faith, to security; or right-of-way used to transport high haz- terrorists. ‘‘(3) refused to violate or assist in the vio- ardous material; or (7) Situational training exercises regarding lation of any law, rule or regulation related (2) rail infrastructure or operations within various threat conditions. to rail security. the immediate vicinity of a high-con- (8) Any other subject the Secretary con- ‘‘(b) DISPUTE RESOLUTION.—A dispute, sequence target. siders appropriate. grievance, or claim arising under this sec- (c) COMPLETION AND REVIEW OF PLANS.— (c) RAILROAD CARRIER PROGRAMS.—Not tion is subject to resolution under section 3 (1) PLANS REQUIRED.—Each rail carrier later than 90 days after the Secretary issues of the Railway Labor Act (45 U.S.C. 153). In shall— guidance under subsection (a) in final form, a proceeding by the National Railroad Ad- (A) submit a list of routes used to trans- each railroad carrier shall develop a rail justment Board, a division or delegate of the port high hazard materials to the Secretary worker security training program in accord- Board, or another board of adjustment estab- within 60 days after the date of enactment of ance with that guidance and submit it to the lished under section 3 to resolve the dispute, this Act; Secretary for review. Not later than 90 days grievance, or claim the proceeding shall be (B) develop and submit a high hazard mate- after receiving a railroad carrier’s program expedited and the dispute, grievance, or rial security risk mitigation plan to the Sec- under this subsection, the Secretary shall re- claim shall be resolved not later than 180 retary within 180 days after it receives the view the program and transmit comments to days after it is filed. If the violation is a notice of high consequence targets on such the railroad carrier concerning any revisions form of discrimination that does not involve routes by the Secretary that includes an the Secretary considers necessary for the discharge, suspension, or another action af- operational recovery plan to expedite, to the program to meet the guidance requirements. fecting pay, and no other remedy is available maximum extent practicable, the return of under this subsection, the Board, division, A railroad carrier shall respond to the Sec- an adversely affected rail system or facility delegate, or other board of adjustment may retary’s comments within 90 days after re- to its normal performance level following a award the employee reasonable damages, in- ceiving them. major terrorist attack or other security inci- cluding punitive damages, of not more than (d) TRAINING.—Not later than 1 year after dent; and $20,000. the Secretary reviews the training program (C) submit any subsequent revisions to the developed by a railroad carrier under this ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as provided in subsection (b), the procedure plan to the Secretary within 30 days after section, the railroad carrier shall complete making the revisions. the training of all front-line workers in ac- set forth in section 42121(b)(2)(B) of this sub- title, including the burdens of proof, applies (2) REVIEW AND UPDATES.—The Secretary, cordance with that program. The Secretary with assistance of the Secretary of Transpor- shall review implementation of the training to any complaint brought under this section. ‘‘(d) ELECTION OF REMEDIES.—An employee tation, shall review the plans and transmit program of a representative sample of rail- of a railroad carrier may not seek protection comments to the railroad carrier concerning road carriers and report to the Senate Com- under both this section and another provi- any revisions the Secretary considers nec- mittee on Commerce, Science, and Transpor- sion of law for the same allegedly unlawful essary. A railroad carrier shall respond to tation, the House of Representatives Com- act of the carrier. the Secretary’s comments within 30 days mittee on Transportation and Infrastruc- ‘‘(e) DISCLOSURE OF IDENTITY.— after receiving them. Each rail carrier shall ture, and the House of Representatives Com- ‘‘(1) Except as provided in paragraph (2) of update and resubmit its plan for review not mittee on Homeland Security on the number this subsection, or with the written consent less than every 2 years. of reviews conducted and the results. The of the employee, the Secretary of Transpor- (d) DEFINITIONS.—In this section: Secretary may submit the report in both tation or Secretary of Homeland Security (1) The term ‘‘high-consequence target’’ classified and redacted formats as necessary. may not disclose the name of an employee of means property, infrastructure, public space, (e) UPDATES.—The Secretary shall update a railroad carrier who has provided informa- or natural resource designated by the Sec- the training guidance issued under sub- tion about an alleged violation of this sec- retary that is a viable terrorist target of na- section (a) as appropriate to reflect new or tion. tional significance, the attack of which different security threats. Railroad carriers ‘‘(2) The Secretary shall disclose to the At- could result in— shall revise their programs accordingly and torney General the name of an employee de- (A) catastrophic loss of life; provide additional training to their front- scribed in paragraph (1) of this subsection if (B) significant damage to national security line workers within a reasonable time after the matter is referred to the Attorney Gen- or defense capabilities; or the guidance is updated. eral for enforcement.’’. (C) national economic harm. (f) FRONT-LINE WORKERS DEFINED.—In this (b) CONFORMING AMENDMENT.—The chapter section, the term ‘‘front-line workers’’ (2) The term ‘‘catastrophic impact zone’’ analysis for chapter 201 of title 49, United means security personnel, dispatchers, loco- means the area immediately adjacent to, States Code, is amended by inserting after motive engineers, conductors, trainmen, under, or above an active railroad right-of- the item relating to section 20117 the fol- way used to ship high hazard materials in other onboard employees, maintenance and lowing: maintenance support personnel, bridge which the potential release or explosion of tenders, as well as other appropriate employ- ‘‘20118. Whistleblower protection for rail se- the high hazard material being transported ees of railroad carriers, as defined by the curity matters’’. would likely cause— Secretary. SEC. 1331. HIGH HAZARD MATERIAL SECURITY (A) loss of life; or RISK MITIGATION PLANS. (g) OTHER EMPLOYEES.—The Secretary (B) significant damage to property or shall issue guidance and best practices for a (a) IN GENERAL.—The Secretary, in con- structures. sultation with the Assistant Secretary of rail shipper employee security program con- (3) The term ‘‘rail carrier’’ has the mean- Homeland Security (Transportation Security taining the elements listed under subsection ing given that term by section 10102(5) of Administration) and the Secretary of Trans- (b) as appropriate. title 49, United States Code. portation, shall require rail carriers trans- SEC. 1332. ENFORCEMENT AUTHORITY. SEC. 1330. WHISTLEBLOWER PROTECTION PRO- porting a high hazard material, as defined in GRAM. section 1311 of this title, to develop a high (a) IN GENERAL.—Section 114 of title 49, (a) IN GENERAL.—Subchapter A of chapter hazard material security risk mitigation United States Code, as amended by section 201 of title 49, United States Code, is amend- plan containing appropriate measures, in- 1336 of this title, is further amended by add- ed by inserting after section 20117 the fol- cluding alternative routing and temporary ing at the end the following: lowing: shipment suspension options, to address as- ‘‘(v) ENFORCEMENT OF REGULATIONS AND ‘‘§ 20118. Whistleblower protection for rail Se- sessed risks to high consequence targets. The ORDERS OF THE SECRETARY OF HOMELAND SE- curity matters plan, and any information submitted to the CURITY ISSUED UNDER THIS TITLE.— ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— Secretary under this section shall be pro- ‘‘(1) APPLICATION OF SUBSECTION.— A railroad carrier engaged in interstate or tected as sensitive security information ‘‘(A) IN GENERAL.—This subsection applies foreign commerce may not discharge or in under the regulations prescribed under sec- to the enforcement of regulations prescribed, any way discriminate against an employee tion 114(s) of title 49, United States Code. and orders issued, by the Secretary of Home- because the employee, whether acting for the (b) IMPLEMENTATION.—A high hazard mate- land Security under a provision of this title employee or as a representative, has— rial security risk mitigation plan shall be other than a provision of chapter 449.

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‘‘(B) VIOLATIONS OF CHAPTER 449.—The pen- House of Representatives Committee on research and development efforts, and avail- alties for violations of regulations pre- Homeland Security of the compromised pen- able Federal funding sources to improve rail- scribed, and orders issued, by the Secretary alty and explain the rationale therefor; and road security. Not later than 9 months after of Homeland Security under chapter 449 of ‘‘(ii) make the explanation available to the the date of enactment of this Act, the Sec- this title are provided under chapter 463 of public to the extent feasible without com- retary shall implement the plan developed this title. promising security. under this section. ‘‘(C) NONAPPLICATION TO CERTAIN VIOLA- ‘‘(B) The Government may deduct the SEC. 1335. RAILROAD HIGH HAZARD MATERIAL TIONS.— amount of a civil penalty imposed or com- TRACKING. ‘‘(i) Paragraphs (2) through (5) of this sub- promised under this subsection from (a) WIRELESS COMMUNICATIONS.— section do not apply to violations of regula- amounts it owes the person liable for the (1) IN GENERAL.—In conjunction with the tions prescribed, and orders issued, by the penalty. research and development program estab- Secretary of Homeland Security under a pro- ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.— lished under section 1325 and consistent with vision of this title— Chapter 461 of this title shall apply to inves- the results of research relating to wireless ‘‘(I) involving the transportation of per- tigations and proceedings brought under this tracking technologies, the Secretary, in con- sonnel or shipments of materials by contrac- subsection to the same extent that it applies sultation with the Assistant Secretary of tors where the Department of Defense has to investigations and proceedings brought Homeland Security (Transportation Security assumed control and responsibility; with respect to aviation security duties des- Administration), shall develop a program ‘‘(II) by a member of the armed forces of ignated to be carried out by the Secretary. that will encourage the equipping of rail cars the United States when performing official ‘‘(6) DEFINITIONS.—In this subsection: transporting high hazard materials (as de- duties; or ‘‘(A) PERSON.—The term ‘person’ does not fined in section 1311 of this title) with tech- ‘‘(III) by a civilian employee of the Depart- include— nology that provides— ment of Defense when performing official du- ‘‘(i) the United States Postal Service; or (A) car position location and tracking ca- ties. ‘‘(ii) the Department of Defense. pabilities; and (B) notification of rail car depressuriza- ‘‘(ii) Violations described in subclause (I), ‘‘(B) SMALL BUSINESS CONCERN.—The term (II), or (III) of clause (i) shall be subject to ‘small business concern’ has the meaning tion, breach, unsafe temperature, or release penalties as determined by the Secretary of given that term in section 3 of the Small of hazardous materials. OORDINATION.—In developing the pro- Defense or the Secretary’s designee. Business Act (15 U.S.C. 632).’’. (2) C gram required by paragraph (1), the Sec- ‘‘(2) CIVIL PENALTY.— (b) CONFORMING AMENDMENT.—Section retary shall— ‘‘(A) IN GENERAL.—A person is liable to the 46301(a)(4) of title 49, United States Code is (A) consult with the Secretary of Trans- United States Government for a civil penalty amended by striking ‘‘or another require- portation to coordinate the program with of not more than $10,000 for a violation of a ment under this title administered by the any ongoing or planned efforts for rail car regulation prescribed, or order issued, by the Under Secretary of Transportation for Secu- tracking at the Department of Transpor- Secretary of Homeland Security under this rity’’. tation; and title. (c) RAIL SAFETY REGULATIONS.—Section (B) ensure that the program is consistent ‘‘(B) REPEAT VIOLATIONS.—A separate vio- 20103(a) of title 49, United States Code, is with recommendations and findings of the lation occurs under this paragraph for each amended by striking ‘‘safety’’ the first place Department of Homeland Security’s haz- day the violation continues. it appears, and inserting ‘‘safety, including ardous material tank rail car tracking pilot ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL security,’’. programs. PENALTIES.— SEC. 1333. RAIL SECURITY ENHANCEMENTS. (b) FUNDING.—Out of funds appropriated ‘‘(A) IN GENERAL.—The Secretary of Home- (a) RAIL POLICE OFFICERS.—Section 28101 of pursuant to section 114(u) of title 49, United land Security may impose a civil penalty for title 49, United States Code, is amended— States Code, as amended by section 1336 of a violation of a regulation prescribed, or (1) by inserting ‘‘(a) IN GENERAL.—’’ before this title, there shall be made available to order issued, under this title. The Secretary ‘‘Under’’; and the Secretary to carry out this section shall give written notice of the finding of a (2) by adding at the end the following: $3,000,000 for each of fiscal years 2008, 2009, violation and the penalty. ‘‘(b) ASSIGNMENT.—A rail police officer em- and 2010. ployed by a rail carrier and certified or com- ‘‘(B) SCOPE OF CIVIL ACTION.—In a civil ac- SEC. 1336. AUTHORIZATION OF APPROPRIATIONS. missioned as a police officer under the laws tion to collect a civil penalty imposed by the (a) TRANSPORTATION SECURITY ADMINISTRA- of a State may be temporarily assigned to Secretary under this subsection, the court TION AUTHORIZATION.—Section 114 of title 49, may not re-examine issues of liability or the assist a second rail carrier in carrying out United States Code, is amended by adding at amount of the penalty. law enforcement duties upon the request of the end thereof the following: ‘‘(C) JURISDICTION.—The district courts of the second rail carrier, at which time the po- ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— the United States have exclusive jurisdiction lice officer shall be considered to be an em- There are authorized to be appropriated to of civil actions to collect a civil penalty im- ployee of the second rail carrier and shall the Secretary of Homeland Security for rail posed by the Secretary under this subsection have authority to enforce the laws of any ju- security— if— risdiction in which the second rail carrier ‘‘(1) $205,000,000 for fiscal year 2008; ‘‘(i) the amount in controversy is more owns property to the same extent as pro- ‘‘(2) $166,000,000 for fiscal year 2009; and than— vided in subsection (a).’’. ‘‘(3) $166,000,000 for fiscal year 2010.’’. ‘‘(I) $400,000, if the violation was com- (b) MODEL STATE LEGISLATION.—By no (b) DEPARTMENT OF TRANSPORTATION.— mitted by a person other than an individual later than September 7, 2007, the Secretary There are authorized to be appropriated to or small business concern; or of Transportation shall develop model State the Secretary of Transportation to carry out ‘‘(II) $50,000, if the violation was com- legislation to address the problem of entities this title and sections 20118 and 24316 of title mitted by an individual or small business that claim to be rail carriers in order to es- 49, United States Code, as added by this concern; tablish and run a police force when the enti- title— ‘‘(ii) the action is in rem or another action ties do not in fact provide rail transpor- (1) $121,000,000 for fiscal year 2008; in rem based on the same violation has been tation and shall make it available to State (2) $118,000,000 for fiscal year 2009; brought; or governments. In developing the model State (3) $118,000,000 for fiscal year 2010; and ‘‘(iii) another action has been brought for legislation the Secretary shall solicit the (4) $118,000,000 for fiscal year 2011. an injunction based on the same violation. input of the States, railroads companies, and PART II—IMPROVED MOTOR CARRIER, ‘‘(D) MAXIMUM PENALTY.—The maximum railroad employees. The Secretary shall re- BUS, AND HAZARDOUS MATERIAL SECU- penalty the Secretary may impose under this view and, if necessary, revise such model RITY paragraph is— State legislation periodically. SEC. 1341. HAZARDOUS MATERIALS HIGHWAY ‘‘(i) $400,000, if the violation was com- SEC. 1334. PUBLIC AWARENESS. ROUTING. mitted by a person other than an individual Not later than 90 days after the date of en- (a) ROUTE PLAN GUIDANCE.—Within 1 year or small business concern; or actment of this Act, the Secretary, in con- after the date of enactment of this Act, the ‘‘(ii) $50,000, if the violation was committed sultation with the Secretary of Transpor- Secretary of Transportation, in consultation by an individual or small business concern. tation, shall develop a national plan for pub- with the Secretary, shall— ‘‘(4) COMPROMISE AND SETOFF.— lic outreach and awareness. Such plan shall (1) document existing and proposed routes ‘‘(A) The Secretary may compromise the be designed to increase awareness of meas- for the transportation of radioactive and amount of a civil penalty imposed under this ures that the general public, railroad pas- non-radioactive hazardous materials by subsection. If the Secretary compromises the sengers, and railroad employees can take to motor carrier, and develop a framework for amount of a civil penalty under this subpara- increase railroad system security. Such plan using a Geographic Information System- graph, the Secretary shall— shall also provide outreach to railroad car- based approach to characterize routes in the ‘‘(i) notify the Senate Committee on Com- riers and their employees to improve their National Hazardous Materials Route Reg- merce, Science, and Transportation and the awareness of available technologies, ongoing istry;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00194 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4987 (2) assess and characterize existing and 49, Code of Federal Regulations, to maintain, shall execute and develop an annex to the proposed routes for the transportation of ra- follow, and carry a route plan, in written or memorandum of agreement between the 2 de- dioactive and non-radioactive hazardous ma- electronic format, that meets the require- partments signed on September 28, 2004, gov- terials by motor carrier for the purpose of ments of section 397.101 of that title when erning the specific roles, delineations of re- identifying measurable criteria for selecting transporting the type and quantity of haz- sponsibilities, resources and commitments of routes based on safety and security concerns; ardous materials described in section 385.403 the Department of Transportation and the (3) analyze current route-related hazardous of that title if the Secretary determines, Department of Homeland Security, respec- materials regulations in the United States, under the assessment required in subsection tively, in addressing motor carrier transpor- Canada, and Mexico to identify cross-border (b), that such a requirement would enhance tation security matters, including the proc- differences and conflicting regulations; the security and safety of the nation without esses the departments will follow to promote (4) document the concerns of the public, imposing unreasonable costs or burdens upon communications, efficiency, and nonduplica- motor carriers, and State, local, territorial, motor carriers. tion of effort. and tribal governments about the highway SEC. 1342. MOTOR CARRIER HIGH HAZARD MATE- SEC. 1344. HAZARDOUS MATERIALS SECURITY IN- routing of hazardous materials for the pur- RIAL TRACKING. SPECTIONS AND ENFORCEMENT. pose of identifying and mitigating security (a) COMMUNICATIONS.— (a) IN GENERAL.—The Secretary shall es- risks associated with hazardous material (1) IN GENERAL.—Consistent with the find- tablish a program within the Transportation routes; ings of the Transportation Security Admin- Security Administration, in consultation (5) prepare guidance materials for State of- istration’s Hazmat Truck Security Pilot with the Secretary of Transportation, for re- ficials to assist them in identifying and re- Program and within 6 months after the date viewing hazardous materials security plans ducing both safety concerns and security of enactment of this Act, the Secretary, required under part 172, title 49, Code of Fed- risks when designating highway routes for through the Transportation Security Admin- eral Regulations, within 180 days after the hazardous materials consistent with the 13 istration and in consultation with the Sec- date of enactment of this Act. In estab- safety-based non-radioactive materials rout- retary of Transportation, shall develop a lishing the program, the Secretary shall en- ing criteria and radioactive materials rout- program to encourage the tracking of motor sure that— ing criteria in Subpart C part 397 of title 49, carrier shipments of high hazard materials (1) the program does not subject carriers to Code of Federal Regulations; as defined in this title with communications unnecessarily duplicative reviews of their se- (6) develop a tool that will enable State of- technology that provides— curity plans by the 2 departments; and ficials to examine potential routes for the (A) frequent or continuous communica- (2) a common set of standards is used to re- highway transportation of hazardous mate- tions; view the security plans. rial and assess specific security risks associ- (B) vehicle position location and tracking (b) CIVIL PENALTY.—The failure, by an ated with each route and explore alternative capabilities; and offerer, carrier, or other person subject to part 172 of title 49, Code of Federal Regula- mitigation measures; and (C) a feature that allows a driver of such tions, to comply with any applicable section (7) transmit to the Senate Committee on vehicles to broadcast an emergency message. of that part within 180 days after being noti- Commerce, Science, and Transportation, and (2) CONSIDERATIONS.—In developing the fied by the Secretary of such failure to com- the House of Representatives Committee on program required by paragraph (1), the Sec- ply, is punishable by a civil penalty imposed Transportation and Infrastructure a report retary shall— by the Secretary under title 49, United on the actions taken to fulfill paragraphs (1) (A) consult with the Secretary of Trans- States Code. For purposes of this subsection, through (6) of this subsection and any rec- portation to coordinate the program with each day of noncompliance after the 181st ommended changes to the routing require- any ongoing or planned efforts for motor car- day following the date on which the offerer, rier or high hazardous materials tracking at ments for the highway transportation of haz- carrier, or other person received notice of the Department of Transportation; ardous materials in part 397 of title 49, Code the failure shall constitute a separate fail- (B) take into consideration the rec- of Federal Regulations. ure. (b) ROUTE PLANS.— ommendations and findings of the report on (c) COMPLIANCE REVIEW.—In reviewing the (1) ASSESSMENT.—Within 1 year after the the Hazardous Material Safety and Security compliance of hazardous materials offerers, date of enactment of this Act, the Secretary Operation Field Test released by the Federal carriers, or other persons subject to part 172 of Transportation shall complete an assess- Motor Carrier Safety Administration on No- of title 49, Code of Federal Regulations, with ment of the safety and national security ben- vember 11, 2004; and the provisions of that part, the Secretary efits achieved under existing requirements (C) evaluate— shall utilize risk assessment methodologies for route plans, in written or electronic for- (i) any new information related to the cost to prioritize review and enforcement actions mat, for explosives and radioactive mate- and benefits of deploying and utilizing track- of the highest risk hazardous materials rials. The assessment shall, at a minimum— ing technology for motor carriers trans- transportation operations. (A) compare the percentage of Department porting high hazard materials not included (d) TRANSPORTATION COSTS STUDY.—Within of Transportation recordable incidents and in the Hazardous Material Safety and Secu- 1 year after the date of enactment of this the severity of such incidents for shipments rity Operation Field Test Report released by Act, the Secretary of Transportation, in con- of explosives and radioactive materials for the Federal Motor Carrier Safety Adminis- junction with the Secretary, shall study to which such route plans are required with the tration on November 11, 2004; what extent the insurance, security, and percentage of recordable incidents and the (ii) the ability of tracking technology to safety costs borne by railroad carriers, severity of such incidents for shipments of resist tampering and disabling; motor carriers, pipeline carriers, air car- explosives and radioactive materials not sub- (iii) the capability of tracking technology riers, and maritime carriers associated with ject to such route plans; and to collect, display, and store information re- the transportation of hazardous materials (B) quantify the security and safety bene- garding the movements of shipments of high are reflected in the rates paid by offerers of fits, feasibility, and costs of requiring each hazard materials by commercial motor vehi- such commodities as compared to the costs motor carrier that is required to have a haz- cles; and rates respectively for the transportation ardous material safety permit under part 385 (iv) the appropriate range of contact inter- of non-hazardous materials. of title 49, Code of Federal Regulations, to vals between the tracking technology and a (e) FUNDING.—There are authorized to be maintain, follow, and carry such a route plan commercial motor vehicle transporting high appropriated to the Secretary to carry out that meets the requirements of section hazard materials; and this section— 397.101 of that title when transporting the (v) technology that allows the installation (1) $2,000,000 for fiscal year 2008; type and quantity of hazardous materials de- by a motor carrier of concealed electronic (2) $2,000,000 for fiscal year 2009; and scribed in section 385.403 of that title, taking devices on commercial motor vehicles that (3) $2,000,000 for fiscal year 2010. into account the various segments of the can be activated by law enforcement au- SEC. 1345. TRUCK SECURITY ASSESSMENT. trucking industry, including tank truck, thorities and alert emergency response re- Not later than 1 year after the date of en- truckload and less than truckload carriers. sources to locate and recover security sen- actment of this Act, the Secretary, in con- (2) REPORT.—Within 1 year after the date of sitive material in the event of loss or theft of sultation with the Secretary of Transpor- enactment of this Act, the Secretary of such material. tation, shall transmit to the Senate Com- Transportation shall submit a report to the (b) FUNDING.—There are authorized to be mittee on Commerce, Science, and Transpor- Senate Committee on Commerce, Science, appropriated to the Secretary to carry out tation, Senate Committee on Finance, the and Transportation, and the House of Rep- this section $3,000,000 for each of fiscal years House of Representatives Committee on resentatives Committee on Transportation 2008, 2009, and 2010. Transportation and Infrastructure, the and Infrastructure containing the findings SEC. 1343. MEMORANDUM OF AGREEMENT. House of Representatives Committee on and conclusions of the assessment. Similar to the other security annexes be- Homeland Security, and the House of Rep- (c) REQUIREMENT.—The Secretary shall re- tween the 2 departments, within 1 year after resentatives Committee on Ways and Means, quire motor carriers that have a hazardous the date of enactment of this Act, the Sec- a report on security issues related to the material safety permit under part 385 of title retary of Transportation and the Secretary trucking industry that includes—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00195 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4988 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 (1) an assessment of actions already taken formation relating to motor carriers, rail- operator of over-the-road buses until the op- to address identified security issues by both roads, and employees. erator has first submitted to the Secretary— public and private entities; (f) REPORT.—Not later than 180 days after (A) a plan for making security improve- (2) an assessment of the economic impact the date of enactment of this Act, the Sec- ments described in subsection (a) and the that security upgrades of trucks, truck retary shall transmit to the Senate Com- Secretary has reviewed or approved the plan; equipment, or truck facilities may have on mittee on Commerce, Science, and Transpor- and the trucking industry and its employees, in- tation, the House of Representatives Com- (B) such additional information as the Sec- cluding independent owner-operators; mittee on Transportation and Infrastruc- retary may require to ensure accountability ture, and the House of Representatives Com- (3) an assessment of ongoing research and for the obligation and expenditure of mittee on Homeland Security a report on the need for additional research on truck se- amounts made available to the operator whether to establish a national public sector curity; under the grant. (4) an assessment of industry best practices response system and the estimated total (2) COORDINATION.—To the extent that an to enhance security; and public and private sector costs to establish application for a grant under this section (5) an assessment of the current status of and annually operate such a system, to- proposes security improvements within a secure motor carrier parking. gether with any recommendations for gener- ating private sector participation and invest- specific terminal owned and operated by an SEC. 1346. NATIONAL PUBLIC SECTOR RESPONSE entity other than the applicant, the appli- SYSTEM. ment in the development and operation of such a system. cant shall demonstrate to the satisfaction of (a) DEVELOPMENT.—The Secretary, in con- (g) FUNDING.—There are authorized to be the Secretary that the applicant has coordi- junction with the Secretary of Transpor- appropriated to the Secretary to carry out tation, shall consider the development of a nated the security improvements for the ter- this section— national public sector response system to re- minal with that entity. (1) $1,000,000 for fiscal year 2008; ceive security alerts, emergency messages, (e) OVER-THE-ROAD BUS DEFINED.—In this (2) $1,000,000 for fiscal year 2009; and and other information used to track the (3) $1,000,000 for fiscal year 2010. section, the term ‘‘over-the-road bus’’ means transportation of high hazard materials a bus characterized by an elevated passenger which can provide accurate, timely, and ac- SEC. 1347. OVER-THE-ROAD BUS SECURITY AS- SISTANCE. deck located over a baggage compartment. tionable information to appropriate first re- (a) IN GENERAL.—The Secretary shall es- (f) BUS SECURITY ASSESSMENT.— sponder, law enforcement and public safety, tablish a program within the Transportation and homeland security officials, as appro- (1) IN GENERAL.—Not later than 1 year after Security Administration for making grants the date of enactment of this Act, the Sec- priate, regarding accidents, threats, thefts, to private operators of over-the-road buses retary shall transmit to the Senate Com- or other safety and security risks or inci- or over-the-road bus terminal operators for mittee on Commerce, Science, and Transpor- dents. In considering the development of this the purposes of emergency preparedness system, they shall consult with law enforce- drills and exercises, protecting high risk/ tation, the House of Representatives Com- ment and public safety officials, hazardous high consequence assets identified through mittee on Transportation and Infrastruc- material shippers, motor carriers, railroads, system-wide risk assessment, counter-ter- ture, and the House of Representatives Com- organizations representing hazardous mate- rorism training, visible/unpredictable deter- mittee on Homeland Security a report in ac- rial employees, State transportation and rence, public awareness and preparedness cordance with the requirements of this sec- hazardous materials officials, private for- campaigns, and including— tion. profit and non-profit emergency response or- (1) constructing and modifying terminals, (2) CONTENTS OF REPORT.—The report shall ganizations, and commercial motor vehicle garages, facilities, or over-the-road buses to include— and hazardous material safety groups. Con- assure their security; (A) an assessment of the over-the-road bus sideration of development of the national (2) protecting or isolating the driver; security grant program; public sector response system shall be based (3) acquiring, upgrading, installing, or op- (B) an assessment of actions already taken upon the public sector response center devel- erating equipment, software, or accessorial to address identified security issues by both oped for the Transportation Security Admin- services for collection, storage, or exchange public and private entities and recommenda- istration hazardous material truck security of passenger and driver information through tions on whether additional safety and secu- pilot program and hazardous material safety ticketing systems or otherwise, and informa- rity enforcement actions are needed; and security operational field test under- tion links with government agencies; (C) an assessment of whether additional taken by the Federal Motor Carrier Safety (4) training employees in recognizing and legislation is needed to provide for the secu- Administration. responding to security risks, evacuation pro- rity of Americans traveling on over-the-road (b) CAPABILITY.—The national public sector cedures, passenger screening procedures, and response system to be considered shall be buses; baggage inspection; (D) an assessment of the economic impact able to receive, as appropriate— (5) hiring and training security officers; (1) negative driver verification alerts; that security upgrades of buses and bus fa- (6) installing cameras and video surveil- cilities may have on the over-the-road bus (2) out-of-route alerts; lance equipment on over-the-road buses and transportation industry and its employees; (3) driver panic or emergency alerts; and at terminals, garages, and over-the-road bus (E) an assessment of ongoing research and (4) tampering or release alerts. facilities; the need for additional research on over-the- (c) CHARACTERISTICS.—The national public (7) creating a program for employee identi- sector response system to be considered fication or background investigation; road bus security, including engine shut-off shall— (8) establishing and upgrading emergency mechanisms, chemical and biological weapon (1) be an exception-based system; communications tracking and control sys- detection technology, and the feasibility of (2) be integrated with other private and tems; and compartmentalization of the driver; public sector operation reporting and re- (9) implementing and operating passenger (F) an assessment of industry best prac- sponse systems and all Federal homeland se- screening programs at terminals and on tices to enhance security; and curity threat analysis systems or centers over-the-road buses. (G) an assessment of school bus security, if (including the National Response Center); (b) DUE CONSIDERATION.—In making grants the Secretary deems it appropriate. and under this section, the Secretary shall give (3) CONSULTATION WITH INDUSTRY, LABOR, (3) provide users the ability to create rules due consideration to private operators of AND OTHER GROUPS.—In carrying out this sec- for alert notification messages. over-the-road buses that have taken meas- tion, the Secretary shall consult with over- (d) CARRIER PARTICIPATION.—The Secretary ures to enhance bus transportation security the-road bus management and labor rep- shall coordinate with motor carriers and from those in effect before September 11, resentatives, public safety and law enforce- railroads transporting high hazard mate- 2001, and shall prioritize grant funding based ment officials, and the National Academy of rials, entities acting on their behalf who re- on the magnitude and severity of the secu- Sciences. ceive communication alerts from motor car- rity risks to bus passengers and the ability (g) FUNDING.— riers or railroads, or other Federal agencies of the funded project to reduce, or respond that receive security and emergency related to, that risk. (1) IN GENERAL.—There are authorized to be notification regarding high hazard materials (c) GRANT REQUIREMENTS.—A grant under appropriated to the Secretary to carry out in transit to facilitate the provisions of the this section shall be subject to all the terms this section— information listed in subsection (b) to the and conditions that a grant is subject to (A) $12,000,000 for fiscal year 2008; national public sector response system to under section 3038(f) of the Transportation (B) $25,000,000 for fiscal year 2009; and the extent possible if the system is estab- Equity Act for the 21st Century (49 U.S.C. (C) $25,000,000 for fiscal year 2010. lished. 5310 note; 112 Stat. 393). (2) AVAILABILITY OF APPROPRIATED FUNDS.— (e) DATA PRIVACY.—The national public (d) PLAN REQUIREMENT.— Amounts appropriated pursuant to para- sector response system shall be designed to (1) IN GENERAL.—The Secretary may not graph (1) shall remain available until ex- ensure appropriate protection of data and in- make a grant under this section to a private pended.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00196 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4989 SEC. 1348. PIPELINE SECURITY AND INCIDENT Act, the Secretary and the Secretary of need for, and feasibility of, establishing a RECOVERY PLAN. Transportation shall develop and implement system of maritime and surface transpor- (a) IN GENERAL.—The Secretary, in con- a plan for reviewing the pipeline security tation-related user fees that may be imposed sultation with the Secretary of Transpor- plan and an inspection of the critical facili- and collected as a dedicated revenue source, tation and the Pipeline and Hazardous Mate- ties of the 100 most critical pipeline opera- on a temporary or continuing basis, to pro- rials Safety Administration, and in accord- tors covered by the September, 5, 2002, cir- vide necessary funding for legitimate im- ance with the Memorandum of Under- cular, where such facilities have not been in- provements to, and maintenance of, mari- standing Annex executed on August 9, 2006, spected for security purposes since Sep- time and surface transportation security. In shall develop a Pipeline Security and Inci- tember 5, 2002, by either the Department of developing the study, the Secretary shall dent Recovery Protocols Plan. The plan shall Homeland Security or the Department of consult with maritime and surface transpor- include— Transportation. tation carriers, shippers, passengers, facility (1) a plan for the Federal Government to (c) COMPLIANCE REVIEW METHODOLOGY.—In owners and operators, and other persons as provide increased security support to the reviewing pipeline operator compliance determined by the Secretary. Not later than most critical interstate and intrastate nat- under subsections (a) and (b), risk assess- 1 year after the date of the enactment of this ural gas and hazardous liquid transmission ment methodologies shall be used to Act, the Secretary shall submit a report to pipeline infrastructure and operations as de- prioritize risks and to target inspection and the appropriate congressional committees termined under section 1349— enforcement actions to the highest risk pipe- that contains— (A) at severe security threat levels of alert; line assets. (1) the results of the study; or (d) REGULATIONS.—Within 1 year after the (2) an assessment of the annual sources of (B) when specific security threat informa- date of enactment of this Act, the Secretary funding collected through maritime and sur- tion relating to such pipeline infrastructure and the Secretary of Transportation shall face transportation at ports of entry and a or operations exists; and develop and transmit to pipeline operators detailed description of the distribution and (2) an incident recovery protocol plan, de- security recommendations for natural gas use of such funds, including the amount and veloped in conjunction with interstate and and hazardous liquid pipelines and pipeline percentage of such sources that are dedi- intrastate transmission and distribution facilities. If the Secretary determines that cated to improve and maintain security; pipeline operators and terminals and facili- regulations are appropriate, the Secretary (3)(A) an assessment of the fees, charges, ties operators connected to pipelines, to de- shall consult with the Secretary of Transpor- and standards imposed on United States velop protocols to ensure the continued tation on the extent of risk and appropriate ports, port terminal operators, shippers, car- riers, and other persons who use United transportation of natural gas and hazardous mitigation measures, and the Secretary or States ports of entry compared with the fees liquids to essential markets and for essential the Secretary of Transportation, consistent and charges imposed on Canadian and Mexi- public health or national defense uses in the with the memorandum of understanding can ports, Canadian and Mexican port ter- event of an incident affecting the interstate annex signed on August 9, 2006, shall promul- minal operators, shippers, carriers, and other and intrastate natural gas and hazardous liq- gate such regulations and carry out nec- persons who use Canadian or Mexican ports uid transmission and distribution pipeline essary inspection and enforcement actions. of entry; and system, which shall include protocols for Any regulations should incorporate the guid- (B) an assessment of the impact of such granting access to pipeline operators for ance provided to pipeline operators by the fees, charges, and standards on the competi- pipeline infrastructure repair, replacement September 5, 2002, Department of Transpor- tiveness of United States ports, port ter- or bypass following an incident. tation Research and Special Programs Ad- minal operators, railroads, motor carriers, XISTING PRIVATE AND PUBLIC SECTOR (b) E ministration’s Pipeline Security Information pipelines, other transportation modes, and EFFORTS.—The plan shall take into account Circular and contain additional require- shippers; actions taken or planned by both private and ments as necessary based upon the results of (4) an assessment of private efforts and in- public entities to address identified pipeline the inspections performed under subsection vestments to secure maritime and surface security issues and assess the effective inte- (b). The regulations shall include the imposi- transportation modes, including those that gration of such actions. tion of civil penalties for non-compliance. are operational and those that are planned; (c) CONSULTATION.—In developing the plan (e) FUNDING.—There are authorized to be and under subsection (a), the Secretary shall appropriated to the Secretary to carry out (5) the Secretary’s recommendations based consult with the Secretary of Transpor- this section— upon the study, and an assessment of the tation, interstate and intrastate trans- (1) $2,000,000 for fiscal year 2008; and consistency of such recommendations with mission and distribution pipeline operators, (2) $2,000,000 for fiscal year 2009. the international obligations and commit- pipeline labor, first responders, shippers, SEC. 1350. TECHNICAL CORRECTIONS. ments of the United States. State pipeline safety agencies, public safety Section 5103a of title 49, United States (b) DEFINITIONS.—In this section: officials, and other relevant parties. Code, is amended— (1) APPROPRIATE CONGRESSIONAL COMMIT- (d) REPORT.— (1) by inserting ‘‘of Homeland Security’’ TEES.—The term ‘‘appropriate congressional (1) CONTENTS.—Not later than 2 years after after ‘‘Secretary’’ each place it appears in committees’’ has the meaning given that the date of enactment of this Act, the Sec- subsections (a)(1), (d)(1)(b), and (e); and term by section 2(1) of the SAFE Port Act (6 retary shall transmit to the Committee on (2) by redesignating subsection (h) as sub- U.S.C. 901(1)). Commerce, Science, and Transportation of section (i), and inserting the following after (2) PORT OF ENTRY.—The term ‘‘port of the Senate, the Committee on Homeland Se- subsection (g): entry’’ means any port or other facility curity of the House of Representatives, and ‘‘(h) RELATIONSHIP TO TRANSPORTATION SE- through which foreign goods are permitted the Committee on Transportation and Infra- CURITY CARDS.—Upon application, a State to enter the customs territory of a country structure of the House of Representatives a shall issue to an individual a license to oper- under official supervision. report containing the plan required by sub- ate a motor vehicle transporting in com- (3) MARITIME AND SURFACE TRANSPOR- section (a), along with an estimate of the merce a hazardous material without the se- TATION.—The term ‘‘maritime and surface private and public sector costs to implement curity assessment required by this section, transportation’’ includes oceanborne, rail, any recommendations. provided the individual meets all other ap- and vehicular transportation. (2) FORMAT.—The Secretary may submit plicable requirements for such a license, if Subtitle B—Aviation Security Improvement the report in both classified and redacted the Secretary of Homeland Security has pre- SEC. 1361. EXTENSION OF AUTHORIZATION FOR formats if the Secretary determines that viously determined, under section 70105 of AVIATION SECURITY FUNDING. such action is appropriate or necessary. title 46, United States Code, that the indi- Section 48301(a) of title 49, United States SEC. 1349. PIPELINE SECURITY INSPECTIONS vidual does not pose a security risk.’’. Code, is amended by striking ‘‘and 2006’’ and AND ENFORCEMENT. SEC. 1351. CERTAIN PERSONNEL LIMITATIONS inserting ‘‘2006, 2007, 2008, and 2009’’. (a) IN GENERAL.—Within 1 year after the NOT TO APPLY. SEC. 1362. PASSENGER AIRCRAFT CARGO date of enactment of this Act, the Secretary, Any statutory limitation on the number of SCREENING. in consultation with the Secretary of Trans- employees in the Transportation Security (a) IN GENERAL.—Section 44901 of title 49, portation, shall establish a program for re- Administration of the Department of Trans- United States Code, is amended— viewing pipeline operator adoption of rec- portation, before or after its transfer to the (1) by redesignating subsections (g) and (h) ommendations in the September, 5, 2002, De- Department of Homeland Security, does not as subsections (h) and (i), respectively; and partment of Transportation Research and apply to the extent that any such employees (2) by inserting after subsection (f) the fol- Special Programs Administration Pipeline are responsible for implementing the provi- lowing: Security Information Circular, including the sions of this title. ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— review of pipeline security plans and critical SEC. 1352. MARITIME AND SURFACE TRANSPOR- ‘‘(1) IN GENERAL.—Not later than 3 years facility inspections. TATION SECURITY USER FEE STUDY. after the date of enactment of the Transpor- (b) REVIEW AND INSPECTION.—Within 9 (a) IN GENERAL.—The Secretary of Home- tation Security and Interoperable Commu- months after the date of enactment of this land Security shall conduct a study of the nication Capabilities Act, the Secretary of

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IN-LINE BAGGAGE SCREENING. screen all cargo transported on passenger (2) GAO ASSESSMENT.—Not later than 120 aircraft operated by an air carrier or foreign days after the date on which the report re- (a) EXTENSION OF AUTHORIZATION.—Section air carrier in air transportation or intrastate quired under paragraph (1) is submitted, the 44923(i)(1) of title 49, United States Code, is air transportation to ensure the security of Comptroller General shall review the report amended by striking ‘‘2007.’’ and inserting all such passenger aircraft carrying cargo. and provide to Congress an assessment of the ‘‘2007, and $450,000,000 for each of fiscal years ‘‘(2) MINIMUM STANDARDS.—The system re- methodology used for determinations made 2008 and 2009.’’. by the Secretary for maintaining, changing, ferred to in paragraph (1) shall require, at a (b) REPORT.—Within 30 days after the date minimum, that the equipment, technology, or eliminating an exemption. of enactment of this Act, the Secretary of procedures, personnel, or other methods de- SEC. 1363. BLAST-RESISTANT CARGO CON- Homeland Security shall submit the report termined by the Administrator of the Trans- TAINERS. the Secretary was required by section 4019(d) portation Security Administration, provide a Section 44901 of title 49, United States of the Intelligence Reform and Terrorism level of security comparable to the level of Code, as amended by section 1362, is amended Prevention Act of 2004 (49 U.S.C. 44901 note) security in effect for passenger checked bag- by adding at the end the following: to have submitted in conjunction with the gage. ‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.— submission of the budget for fiscal year 2006. ‘‘(3) REGULATIONS.— ‘‘(1) IN GENERAL.—Before January 1, 2008, ‘‘(A) INTERIM FINAL RULE.—The Secretary the Administrator of the Transportation Se- SEC. 1366. ENHANCEMENT OF IN-LINE BAGGAGE of Homeland Security may issue an interim curity Administration shall— SYSTEM DEPLOYMENT. final rule as a temporary regulation to im- ‘‘(A) evaluate the results of the blast-re- (a) IN GENERAL.—Section 44923 of title 49, plement this subsection without regard to sistant cargo container pilot program insti- United States Code, is amended— the provisions of chapter 5 of title 5. tuted before the date of enactment of the (1) by striking ‘‘may’’ in subsection (a) and ‘‘(B) FINAL RULE.— Transportation Security and Interoperable inserting ‘‘shall’’; ‘‘(i) IN GENERAL.—If the Secretary issues an Communication Capabilities Act; (2) by striking ‘‘may’’ in subsection (d)(1) interim final rule under subparagraph (A), ‘‘(B) based on that evaluation, begin the and inserting ‘‘shall’’; the Secretary shall issue, not later than 1 acquisition of a sufficient number of blast- (3) by striking ‘‘2007’’ in subsection (h)(1) year after the effective date of the interim resistant cargo containers to meet the re- and inserting ‘‘2028’’; final rule, a final rule as a permanent regula- quirements of the Transportation Security (4) by striking paragraphs (2) and (3) of tion to implement this subsection in accord- Administration’s cargo security program subsection (h) and inserting the following: ance with the provisions of chapter 5 of title under paragraph (2); and ‘‘(2) ALLOCATION.—Of the amount made 5. ‘‘(C) develop a system under which the Ad- available under paragraph (1) for a fiscal ministrator— ‘‘(ii) FAILURE TO ACT.—If the Secretary year, not less than $200,000,000 shall be allo- does not issue a final rule in accordance with ‘‘(i) will make such containers available cated to fulfill letters of intent issued under clause (i) on or before the last day of the 1- for use by passenger aircraft operated by air subsection (d). carriers or foreign air carriers in air trans- year period referred to in clause (i), the Sec- ‘‘(3) DISCRETIONARY GRANTS.—Of the portation or intrastate air transportation on retary shall submit a report to the Congress amount made available under paragraph (1) a random or risk-assessment basis as deter- explaining why the final rule was not timely for a fiscal year, up to $50,000,000 shall be mined by the Administrator, in sufficient issued and providing an estimate of the ear- used to make discretionary grants, with pri- number to enable the carriers to meet the re- liest date on which the final rule will be ority given to small hub airports and non- quirements of the Administration’s cargo se- issued. The Secretary shall submit the first hub airports.’’; and curity system; and such report within 10 days after such last (5) by redesignating subsection (i) as sub- ‘‘(ii) provide for the storage, maintenance, day and submit a report to the Congress con- section (j), and inserting after subsection (h) and distribution of such containers. taining updated information every 60 days the following: ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within thereafter until the final rule is issued. 90 days after the date on which the Adminis- ‘‘(i) LEVERAGED FUNDING.—For purposes of ‘‘(iii) SUPERSEDING OF INTERIM FINAL trator completes development of the system this section, a grant under subsection (a) to RULE.—The final rule issued in accordance required by paragraph (1)(C), the Adminis- an airport sponsor to service an obligation with this subparagraph shall supersede the trator of the Transportation Security Ad- issued by or on behalf of that sponsor to fund interim final rule issued under subparagraph ministration shall implement that system a project described in subsection (a) shall be (A). and begin making blast-resistant cargo con- considered to be a grant for that project.’’. ‘‘(4) REPORT.—Not later than 1 year after tainers available to such carriers as nec- (b) PRIORITIZATION OF PROJECTS.— the date on which the system required by essary.’’. (1) IN GENERAL.—The Administrator shall paragraph (1) is established, the Secretary SEC. 1364. PROTECTION OF AIR CARGO ON PAS- create a prioritization schedule for airport shall transmit a report to Congress that de- SENGER PLANES FROM EXPLOSIVES. security improvement projects described in tails and explains the system.’’. (a) TECHNOLOGY RESEARCH AND PILOT section 44923(b) of title 49, United States (b) ASSESSMENT OF EXEMPTIONS.— PROJECTS.— Code, based on risk and other relevant fac- (1) TSA ASSESSMENT OF EXEMPTIONS.— (1) RESEARCH AND DEVELOPMENT.—The Sec- tors, to be funded under the grant program (A) IN GENERAL.—Not later than 180 days retary of Homeland Security shall expedite provided by that section. The schedule shall after the date of enactment of this Act, the research and development for technology include both hub airports (as defined in sec- Secretary of Homeland Security, through that can disrupt or prevent an explosive de- tion 41731(a)(3) of title 49, United States the Administrator of the Transportation Se- vice from being introduced onto a passenger Code) and nonhub airports (as defined in sec- curity Administration, shall submit a report plane or from damaging a passenger plane tion 41731(a)4) of title 49, United States to Congress and to the Comptroller General while in flight or on the ground. The re- Code). containing an assessment of each exemption search shall include blast resistant cargo (2) AIRPORTS THAT HAVE COMMENCED granted under section 44901(i) of title 49, containers and other promising technology PROJECTS.—The schedule shall include air- United States Code, for the screening re- and will be used in concert with implementa- ports that have incurred eligible costs asso- quired by section 44901(g)(1) of that title for tion of section 1363 of this title. ciated with development of partial in-line cargo transported on passenger aircraft and (2) PILOT PROJECTS.—The Secretary, in con- baggage systems before the date of enact- an analysis to assess the risk of maintaining junction with the Secretary of Transpor- ment of this Act in reasonable anticipation such exemption. The Secretary may submit tation, shall establish a grant program to of receiving a grant under section 44923 of the report in both classified and redacted fund pilot projects— title 49, United States Code, in reimburse- formats if the Secretary determines that (A) to deploy technologies described in ment of those costs but that have not re- such action is appropriate or necessary. paragraph (1); and ceived such a grant. (B) CONTENTS.—The report shall include— (B) to test technology to expedite the re- (3) REPORT.—Within 180 days after the date (i) the rationale for each exemption; covery, development, and analysis of infor- of enactment of this Act, the Administrator (ii) a statement of the percentage of cargo mation from aircraft accidents to determine shall provide a copy of the prioritization that is not screened as a result of each ex- the cause of the accident, including schedule, a corresponding timeline, and a de- emption; deployable flight deck and voice recorders scription of the funding allocation under sec- (iii) the impact of each exemption on avia- and remote location recording devices. tion 44923 of title 49, United States Code, to tion security; (b) AUTHORIZATION OF APPROPRIATIONS.— the Senate Committee on Commerce, (iv) the projected impact on the flow of There are authorized to be appropriated to Science, and Transportation and the House commerce of eliminating such exemption; the Secretary of Homeland Security for fis- of Representatives Committee on Homeland and cal year 2008 such sums as may be necessary Security.

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SEC. 1367. RESEARCH AND DEVELOPMENT OF ‘‘(b) OFFICE OF APPEALS AND REDRESS.— senger information and progress made in in- AVIATION TRANSPORTATION SECU- ‘‘(1) ESTABLISHMENT.—The Secretary shall tegrating the system with the pre-screening RITY TECHNOLOGY. establish an Office of Appeals and Redress to program for international flights operated Section 137(a) of the Aviation and Trans- oversee the process established by the Sec- by the Bureau of Customs and Border Pro- portation Security Act (49 U.S.C. 44912 note) retary pursuant to subsection (a). tection; is amended— ‘‘(2) RECORDS.—The process established by (4) provides a realistic determination of (1) by striking ‘‘2002 through 2006,’’ and in- the Secretary pursuant to subsection (a) when the system will be completed; and serting ‘‘2006 through 2009,’’; shall include the establishment of a method (5) includes any other relevant observa- (2) by striking ‘‘aviation’’ and inserting by which the Office of Appeals and Redress, tions or recommendations the Comptroller ‘‘transportation’’; and under the direction of the Secretary, will be General deems appropriate. (3) by striking ‘‘2002 and 2003’’ and insert- able to maintain a record of air carrier pas- SEC. 1373. REPAIR STATION SECURITY. ing ‘‘2006 through 2009’’. sengers and other individuals who have been (a) CERTIFICATION OF FOREIGN REPAIR STA- SEC. 1368. CERTAIN TSA PERSONNEL LIMITA- misidentified and have corrected erroneous TIONS SUSPENSION.—If the regulations re- TIONS NOT TO APPLY. information. quired by section 44924(f) of title 49, United (a) IN GENERAL.—Notwithstanding any pro- ‘‘(3) INFORMATION.—To prevent repeated States Code, are not issued within 90 days vision of law to the contrary, any statutory delays of an misidentified passenger or other after the date of enactment of this Act, the limitation on the number of employees in individual, the Office of Appeals and Redress Administrator of the Federal Aviation Ad- the Transportation Security Administration, shall— ministration may not certify any foreign re- before or after its transfer to the Depart- ‘‘(A) ensure that the records maintained pair station under part 145 of title 14, Code of ment of Homeland Security from the Depart- under this subsection contain information Federal Regulations, after such 90th day un- ment of Transportation, does not apply after determined by the Secretary to authenticate less the station was previously certified by fiscal year 2007. the identity of such a passenger or indi- the Administration under that part. (b) AVIATION SECURITY.—Notwithstanding vidual; and (b) 6-MONTH DEADLINE FOR SECURITY RE- any provision of law imposing a limitation VIEW AND AUDIT.—Subsections (a) and (d) of ‘‘(B) furnish to the Transportation Secu- on the recruiting or hiring of personnel into section 44924 of title 49, United States Code, rity Administration, the Bureau of Customs the Transportation Security Administration are each amended by striking ‘‘18 months’’ and Border Protection, or any other appro- to a maximum number of permanent posi- and inserting ‘‘6 months’’. priate Department entity, upon request, tions, the Secretary of Homeland Security SEC. 1374. GENERAL AVIATION SECURITY. such information as may be necessary to shall recruit and hire such personnel into the Section 44901 of title 49, United States allow such agencies to assist air carriers in Administration as may be necessary— Code, as amended by section 1363, is amended improving their administration of the ad- (1) to provide appropriate levels of aviation by adding at the end the following: vanced passenger prescreening system and security; and ‘‘(k) GENERAL AVIATION AIRPORT SECURITY reduce the number of false positives.’’. (2) to accomplish that goal in such a man- PROGRAM.— (b) CLERICAL AMENDMENT.—The table of ner that the average aviation security-re- ‘‘(1) IN GENERAL.—Within 1 year after the contents in section 1(b) of the Homeland Se- date of enactment of the Transportation Se- lated delay experienced by airline passengers curity Act of 2002 is amended by inserting is reduced to a level of less than 10 minutes. curity and Interoperable Communication Ca- after the item relating to section 431 the fol- pabilities Act, the Administrator of the SEC. 1369. SPECIALIZED TRAINING. lowing: The Administrator of the Transportation Transportation Security Administration ‘‘Sec. 432. Appeal and redress process for Security Administration shall provide ad- shall— passengers wrongly delayed or vanced training to transportation security ‘‘(A) develop a standardized threat and vul- prohibited from boarding a officers for the development of specialized nerability assessment program for general flight’’. security skills, including behavior observa- aviation airports (as defined in section tion and analysis, explosives detection, and SEC. 1372. STRATEGIC PLAN TO TEST AND IMPLE- 47135(m)); and MENT ADVANCED PASSENGER ‘‘(B) implement a program to perform such document examination, in order to enhance PRESCREENING SYSTEM. the effectiveness of layered transportation assessments on a risk-assessment basis at (a) IN GENERAL.—Not later than 180 days general aviation airports. security measures. after the date of enactment of this Act, the ‘‘(2) GRANT PROGRAM.—Within 6 months SEC. 1370. EXPLOSIVE DETECTION AT PAS- Secretary of Homeland Security, in con- after date of enactment of the Transpor- SENGER SCREENING CHECKPOINTS. sultation with the Administrator of the tation Security and Interoperable Commu- (a) IN GENERAL.—Within 90 days after the Transportation Security Administration, nication Capabilities Act, the Administrator date of enactment of this Act, the Secretary shall submit to the Congress a plan that— shall initiate and complete a study of the of Homeland Security shall issue the stra- (1) describes the system to be utilized by feasibility of a program, based on a risk- tegic plan the Secretary was required by sec- the Department of Homeland Security to as- managed approach, to provide grants to gen- tion 44925(a) of title 49, United States Code, sume the performance of comparing pas- eral aviation airport operators for projects to have issued within 90 days after the date senger information, as defined by the Admin- to upgrade security at general aviation air- of enactment of the Intelligence Reform and istrator of the Transportation Security Ad- ports (as defined in section 47135(m)). If the Terrorism Prevention Act of 2004. ministration, to the automatic selectee and Administrator determines that such a pro- (b) DEPLOYMENT.—Section 44925(b) of title no-fly lists, utilizing appropriate records in gram is feasible, the Administrator shall es- 49, United States Code, is amended by adding the consolidated and integrated terrorist tablish such a program. at the end the following: watchlist maintained by the Federal Govern- ‘‘(3) APPLICATION TO FOREIGN-REGISTERED ‘‘(3) FULL DEPLOYMENT.—The Secretary ment; GENERAL AVIATION AIRCRAFT.—Within 180 shall fully implement the strategic plan (2) provides a projected timeline for each days after the date of enactment of the within 1 year after the date of enactment of phase of testing and implementation of the Transportation Security and Interoperable the Transportation Security and Interoper- system; Communication Capabilities Act, the Admin- able Communication Capabilities Act.’’. (3) explains how the system will be inte- istrator shall develop a risk-based system SEC. 1371. APPEAL AND REDRESS PROCESS FOR grated with the prescreening system for pas- under which— PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A sengers on international flights; and ‘‘(A) foreign-registered general aviation FLIGHT. (4) describes how the system complies with aircraft, as identified by the Administrator, (a) IN GENERAL.—Subtitle C of title IV of section 552a of title 5, United States Code. in coordination with the Administrator of the Homeland Security Act of 2002 (6 U.S.C. (b) GAO ASSESSMENT.—No later than 90 the Federal Aviation Administration, are re- 231 et seq.) is amended by adding at the end days after the date of enactment of this Act, quired to submit passenger information to the following: the Comptroller General shall submit a re- the Transportation Security Administration ‘‘SEC. 432. APPEAL AND REDRESS PROCESS FOR port to the Senate Committee on Commerce, before entering United States airspace; and PASSENGERS WRONGLY DELAYED Science, and Transportation and the House ‘‘(B) such information is checked against OR PROHIBITED FROM BOARDING A Committee on Homeland Security that— appropriate databases maintained by the FLIGHT. (1) describes the progress made by the Transportation Security Administration. ‘‘(a) IN GENERAL.—The Secretary shall es- Transportation Security Administration in ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— tablish a timely and fair process for individ- implementing the Secure Flight passenger There are authorized to be appropriated to uals who believe they have been delayed or pre-screening program; the Secretary of Homeland Security such prohibited from boarding a commercial air- (2) describes the effectiveness of the cur- sums as may be necessary to carry out any craft because they were wrongly identified as rent appeals process for passengers wrongly program established under paragraph (2).’’. a threat under the regimes utilized by the assigned to the no-fly and terrorist watch SEC. 1375. SECURITY CREDENTIALS FOR AIRLINE Transportation Security Administration, the lists; CREWS. Bureau of Customs and Border Protection, or (3) describes the Transportation Security Within 180 days after the date of enact- any other Department entity. Administration’s plan to protect private pas- ment of this Act, the Administrator of the

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Transportation Security Administration advance for immediate deployment in an ‘‘(1) IN GENERAL.—In awarding grants under shall, after consultation with airline, air- emergency or major disaster (as defined in subsection (a)(1)(E), the Assistant Secretary port, and flight crew representatives, trans- section 102(2) of Public Law 93–288 (42 U.S.C. shall consider the continuing technological mit a report to the Senate Committee on 5122)); and evolution of communications technologies Commerce, Science, and Transportation and ‘‘(2) shall make payments of not to exceed and devices, with its implicit risk of obsoles- the House of Representatives Committee on $1,000,000,000, in the aggregate, through fiscal cence, and shall ensure, to the maximum ex- Transportation and Infrastructure on the year 2010 from the Digital Television Transi- tent feasible, that a substantial part of the status of its efforts to institute a sterile area tion and Public Safety Fund established reserve involves prenegotiated contracts and access system or method that will enhance under section 309(j)(8)(E) of the Communica- other arrangements for rapid deployment of security by properly identifying authorized tions Act of 1934 (47 U.S.C. 309(j)(8)(E)) to equipment, supplies, and systems (and com- airline flight deck and cabin crew members carry out the grant program established munications service related to such equip- at screening checkpoints and granting them under paragraph (1), of which not more than ment, supplies, and systems), rather than expedited access through screening check- $100,000,000, in the aggregate, may be allo- the warehousing or storage of equipment and points. The Administrator shall include in cated for grants under paragraph (1)(E).’’; supplies currently available at the time the the report recommendations on the feasi- (2) by redesignating subsections (b), (c), reserve is established. bility of implementing the system for the and (d) as subsections (l), (m), and (n), re- ‘‘(2) REQUIREMENTS AND CHARACTERISTICS.— domestic aviation industry beginning 1 year spectively, and inserting after subsection (a) A reserve established under paragraph (1) after the date on which the report is sub- the following: shall— mitted. The Administrator shall begin full ‘‘(b) EXPEDITED IMPLEMENTATION.—Pursu- ‘‘(A) be capable of re-establishing commu- implementation of the system or method not ant to section 4 of the Call Home Act of 2006, nications when existing infrastructure is later than 1 year after the date on which the no less than $1,000,000,000 shall be awarded damaged or destroyed in an emergency or a Administrator transmits the report. for grants under subsection (a) no later than major disaster; SEC. 1376. NATIONAL EXPLOSIVES DETECTION September 30, 2007, subject to the receipt of ‘‘(B) include appropriate current, widely- CANINE TEAM TRAINING CENTER. qualified applications as determined by the used equipment, such as Land Mobile Radio (a) IN GENERAL.—As soon as practicable Assistant Secretary. Systems, cellular telephones and satellite- after the date of enactment of this Act, the ‘‘(c) ALLOCATION OF FUNDS.—In awarding enabled equipment (and related communica- Secretary of Homeland Security shall en- grants under subparagraphs (A) through (D) tions service), Cells-On-Wheels, Cells-On- hance and maximize the Department of of subsection (a)(1), the Assistant Secretary Light-Trucks, or other self-contained mobile Homeland Security’s National Explosives shall ensure that grant awards— cell sites that can be towed, backup bat- Detection Canine Team Program by doubling ‘‘(1) result in distributions to public safety teries, generators, fuel, and computers; its existing capacity so that up to 100 addi- entities among the several States that are ‘‘(C) include equipment on hand for the tional canine teams can be brought on each consistent with section 1014(c)(3) of the USA Governor of each State, key emergency re- year, a certain number of which shall be PATRIOT ACT (42 U.S.C. 3714(c)(3)); and sponse officials, and appropriate State or dedicated to high risk areas, as determined ‘‘(2) are prioritized based upon threat and local personnel; by the Secretary. risk factors that reflect an all-hazards ap- ‘‘(D) include contracts (including (b) DEPLOYMENT.—The Secretary shall use proach to communications preparedness and prenegotiated contracts) for rapid delivery of the canine teams as part of the Department’s that takes into account the risks associated the most current technology available from layers of defense across all modes of the with, and the likelihood of the occurrence of, commercial sources; and transportation network and in other areas, terrorist attacks or natural catastrophes (in- ‘‘(E) include arrangements for training to as deemed appropriate by the Secretary. cluding, but not limited to, hurricanes, tor- ensure that personnel are familiar with the (c) CANINE PROCUREMENT.—The Secretary nados, storms, high water, winddriven water, operation of the equipment and devices to be of Homeland Security is encouraged to con- tidal waves, tsunami, earthquakes, volcanic delivered pursuant to such contracts. sider the potential benefits of establishing eruptions, landslides, mudslides, snow and ‘‘(3) ADDITIONAL CHARACTERISTICS.—Por- new canine procurement partnerships ice storms, forest fires, or droughts) in a tions of the reserve may be virtual and may throughout the United States in order to State. include items donated on an in-kind con- provide a reliable and consistent source of ‘‘(d) ELIGIBILITY.—To be eligible for assist- tribution basis. dogs for the Department’s national explosive ance under the grant program established ‘‘(4) CONSULTATION.—In developing the re- detection canine team program. under subsection (a), an applicant shall sub- serve, the Assistant Secretary shall seek ad- (d) AUTHORIZATION OF APPROPRIATIONS.— mit an application, at such time, in such vice from the Secretary of Defense and the There are authorized to be appropriated to form, and containing such information as Secretary of Homeland Security, as well as carry out this section such sums as may be the Assistant Secretary may require, includ- national public safety organizations, emer- necessary for each of fiscal years 2008 and ing— gency managers, State, local, and tribal gov- 2009. ‘‘(1) a detailed explanation of how assist- ernments, and commercial providers of such ance received under the program would be systems and equipment. Subtitle C—Interoperable Emergency used to improve regional, State, or local ‘‘(5) ALLOCATION AND USE OF FUNDS.—The Communications communications interoperability and ensure Assistant Secretary shall allocate— SEC. 1381. INTEROPERABLE EMERGENCY COM- interoperability with other appropriate pub- ‘‘(A) a portion of the reserve’s funds for MUNICATIONS. lic safety agencies in an emergency or a block grants to States to enable each State (a) IN GENERAL.—Section 3006 of Public major disaster; and to establish a strategic technology reserve Law 109–171 (47 U.S.C. 309 note) is amended— ‘‘(2) assurance that the equipment and sys- within its borders in a secure location to (1) by striking paragraphs (1) and (2) of tem would— allow immediate deployment; and subsection (a) and inserting the following: ‘‘(A) be compatible with the communica- ‘‘(B) a portion of the reserve’s funds for re- ‘‘(1) may take such administrative action tions architecture developed under section gional Federal strategic technology reserves as is necessary to establish and implement a 7303(a)(1)(E) of the Intelligence Reform and to facilitate any Federal response when nec- grant program to assist public safety agen- Terrorism Prevention Act of 2004 (6 U.S.C. essary, to be held in each of the Federal cies— 194(a)(1)(E)); Emergency Management Agency’s regional ‘‘(A) in conducting statewide or regional ‘‘(B) meet any voluntary consensus stand- offices, including Boston, Massachusetts (Re- planning and coordination to improve the ards developed under section 7303(a)(1)(D) of gion 1), New York, New York (Region 2), interoperability of emergency communica- that Act (6 U.S.C. 194(a)(1)(D)) to the extent Philadelphia, Pennsylvania (Region 3), At- tions; that such standards exist for a given cat- lanta, Georgia (Region 4), Chicago, Illinois ‘‘(B) in supporting the design and engineer- egory of equipment; and (Region 5), Denton, Texas (Region 6), Kansas ing of interoperable emergency communica- ‘‘(C) be consistent with the common grant City, Missouri (Region 7), Denver, Colorado tions systems; guidance established under section (Region 8), Oakland, California (Region 9), ‘‘(C) in supporting the acquisition or de- 7303(a)(1)(H) of that Act (6 U.S.C. Bothell, Washington (Region 10), and each of ployment of interoperable communications 194(a)(1)(H)). the noncontiguous States for immediate de- equipment, software, or systems that im- ‘‘(e) CRITERIA FOR CERTAIN GRANTS.—In ployment. prove or advance the interoperability with awarding grants under subparagraphs (A) ‘‘(g) VOLUNTARY CONSENSUS STANDARDS.— public safety communications systems; through (D) of subsection (a)(1), the Assist- In carrying out this section, the Assistant ‘‘(D) in obtaining technical assistance and ant Secretary shall ensure that all grants Secretary, in cooperation with the Secretary conducting training exercises related to the funded are consistent with Federal grant of Homeland Security shall identify and, if use of interoperable emergency communica- guidance established by the SAFECOM Pro- necessary, encourage the development and tions equipment and systems; and gram within the Department of Homeland implementation of, voluntary consensus ‘‘(E) in establishing and implementing a Security. standards for interoperable communications strategic technology reserve to pre-position ‘‘(f) CRITERIA FOR STRATEGIC TECHNOLOGY systems to the greatest extent practicable, or secure interoperable communications in RESERVE GRANTS.— but shall not require any such standard.

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‘‘(h) USE OF ECONOMY ACT.—In imple- (3) REPORT.—Upon the completion of the SEC. 1382. RULE OF CONSTRUCTION. menting the grant program established evaluation under subsection (a), the Com- (a) IN GENERAL.—Title VI of the Post- under subsection (a)(1), the Assistant Sec- mission shall submit a report to Congress Katrina emergency Management Reform Act retary may seek assistance from other Fed- that details the findings of the evaluation, of 2006 (Public Law 109–295) is amended by eral agencies in accordance with section 1535 including a full inventory of existing public adding at the end the following: of title 31, United States Code. and private resources most efficiently capa- ‘‘SEC. 699B. RULE OF CONSTRUCTION. ‘‘(i) INSPECTOR GENERAL REPORT.—Begin- ble of providing emergency communications. ‘‘Nothing in this title, including the ning with the first fiscal year beginning amendments made by this title, may be con- (c) JOINT ADVISORY COMMITTEE ON COMMU- after the date of enactment of the Transpor- strued to reduce or otherwise limit the au- NICATIONS CAPABILITIES OF EMERGENCY MED- tation Security and Interoperable Commu- thority of the Department of Commerce or ICAL CARE FACILITIES.— nication Capabilities Act, the Inspector Gen- the Federal Communications Commission.’’. (1) ESTABLISHMENT.—The Assistant Sec- eral of the Department of Commerce shall (b) EFFECTIVE DATE.—The amendment conduct an annual assessment of the man- retary of Commerce for Communications and made by this section shall take effect as agement of the grant program implemented Information and the Chairman of Federal though enacted as part of the Department of under subsection (a)(1) and transmit a report Communications Commission, in consulta- Homeland Security Appropriations Act, 2007. containing the findings of that assessment tion with the Secretary of Homeland Secu- SEC. 1383. CROSS BORDER INTEROPERABILITY and any recommendations related thereto to rity and the Secretary of Health and Human REPORTS. the Senate Committee on Commerce, Services, shall establish a joint advisory (a) IN GENERAL.—Not later than 90 days Science, and Transportation and the House committee to examine the communications after the date of enactment of this Act, the of Representatives Committee on Energy and capabilities and needs of emergency medical Federal Communications Commission, in Commerce. care facilities. The joint advisory committee conjunction with the Department of Home- ‘‘(j) DEADLINE FOR IMPLEMENTATION PRO- shall be composed of individuals with exper- land Security, the Office of Management of GRAM RULES.—Within 90 days after the date tise in communications technologies and of enactment of the Transportation Security Budget, and the Department of State shall emergency medical care, including rep- report to the Senate Committee on Com- and Interoperable Communication Capabili- resentatives of Federal, State and local gov- ties Act, the Assistant Secretary, in con- merce, Science, and Transportation and the ernments, industry and non-profit health or- House of Representatives Committee on En- sultation with the Secretary of Homeland ganizations, and academia and educational Security and the Federal Communications ergy and Commerce on— institutions. (1) the status of the mechanism established Commission, shall promulgate final program (2) DUTIES.—The joint advisory committee rules for the implementation of this section. by the President under section 7303(c) of the shall— Intelligence Reform and Terrorism Preven- ‘‘(k) RULE OF CONSTRUCTION.—Nothing in (A) assess specific communications capa- this section shall be construed or interpreted tion Act of 2004 (6 U.S.C. 194(c)) for coordi- bilities and needs of emergency medical care nating cross border interoperability issues to preclude the use of funds under this sec- facilities, including the including improve- tion by any public safety agency for interim between— ment of basic voice, data, and broadband ca- (A) the United States and Canada; and or long-term Internet Protocol-based inter- pabilities; operable solutions, notwithstanding compli- (B) the United States and Mexico; (B) assess options to accommodate growth (2) the status of treaty negotiations with ance with the Project 25 standard.’’; and of basic and emerging communications serv- (3) by striking paragraph (3) of subsection Canada and Mexico regarding the coordina- ices used by emergency medical care facili- tion of the re-banding of 800 megahertz ra- (n), as so redesignated. ties; (b) FCC REPORT ON EMERGENCY COMMUNICA- dios, as required under the final rule of the (C) assess options to improve integration TIONS BACK-UP SYSTEM.— Federal Communication Commission in the of communications systems used by emer- (1) IN GENERAL.—Not later than 1 year after ‘‘Private Land Mobile Services; 800 MHz Pub- gency medical care facilities with existing or the date of enactment of this Act, the Fed- lic Safety Interface Proceeding’’ (WT Docket future emergency communications net- eral Communications Commission, in coordi- No. 02–55; ET Docket No. 00–258; ET Docket works; and nation with the Assistant Secretary of Com- No. 95–18, RM–9498; RM–10024; FCC 04–168,) in- (D) report its findings to the Senate Com- merce for Communications and Information cluding the status of any outstanding issues mittee on Commerce, Science, and Transpor- and the Secretary of Homeland Security, in the negotiations between— tation and the House of Representatives shall evaluate the technical feasibility of (A) the United States and Canada; and Committee on Energy and Commerce, within creating a back-up emergency communica- (B) the United States and Mexico; 6 months after the date of enactment of this tions system that complements existing (3) communications between the Commis- Act. communications resources and takes into ac- sion and the Department of State over pos- count next generation and advanced tele- (d) AUTHORIZATION OF EMERGENCY MEDICAL sible amendments to the bilateral legal communications technologies. The over- COMMUNICATIONS PILOT PROJECTS.— agreements and protocols that govern the riding objective for the evaluation shall be (1) IN GENERAL.—The Assistant Secretary coordination process for license applications providing a framework for the development of Commerce for Communications and Infor- seeking to use channels and frequencies of a resilient interoperable communications mation may establish not more than 10 geo- above Line A; system for emergency responders in an emer- graphically dispersed project grants to emer- (4) the annual rejection rate for the last 5 gency. The Commission shall evaluate all gency medical care facilities to improve the years by the United States of applications reasonable options, including satellites, capabilities of emergency communications for new channels and frequencies by Cana- wireless, and terrestrial-based communica- systems in emergency medical care facili- dian private and public entities; and tions systems and other alternative trans- ties. (5) any additional procedures and mecha- port mechanisms that can be used in tandem (2) MAXIMUM AMOUNT.—The Assistant Sec- nisms that can be taken by the Commission with existing technologies. retary may not provide more than $2,000,000 to decrease the rejection rate for applica- (2) FACTORS TO BE EVALUATED.—The evalua- in Federal assistance under the pilot pro- tions by United States private and public en- tion under paragraph (1) shall include— gram to any applicant. tities seeking licenses to use channels and (A) a survey of all Federal agencies that (3) COST SHARING.—The Assistant Secretary frequencies above Line A. use terrestrial or satellite technology for may not provide more than 50 percent of the (b) UPDATED REPORTS TO BE FILED ON THE communications security and an evaluation cost, incurred during the period of the grant, STATUS OF TREATY OF NEGOTIATIONS.—The of the feasibility of using existing systems of any project under the pilot program. Federal Communications Commission, in for the purpose of creating such an emer- (4) MAXIMUM PERIOD OF GRANTS.—The As- conjunction with the Department of Home- gency back-up public safety communications sistant Secretary may not fund any appli- land Security, the Office of Management of system; cant under the pilot program for more than Budget, and the Department of State shall (B) the feasibility of using private sat- 3 years. continually provide updated reports to the ellite, wireless, or terrestrial networks for (5) DEPLOYMENT AND DISTRIBUTION.—The Committee on Commerce, Science, and emergency communications; Assistant Secretary shall seek to the max- Transportation of the Senate and the Com- (C) the technical options, cost, and deploy- imum extent practicable to ensure a broad mittee on Energy and Commerce of the ment methods of software, equipment, geographic distribution of project sites. House of Representatives on the status of handsets or desktop communications devices (6) TRANSFER OF INFORMATION AND KNOWL- treaty negotiations under subsection (a)(2) for public safety entities in major urban EDGE.—The Assistant Secretary shall estab- until the appropriate United States treaty areas, and nationwide; and lish mechanisms to ensure that the informa- has been revised with each of— (D) the feasibility and cost of necessary tion and knowledge gained by participants in (1) Canada; and changes to the network operations center of the pilot program are transferred among the (2) Mexico. terrestrial-based or satellite systems to en- pilot program participants and to other in- SEC. 1384. EXTENSION OF SHORT QUORUM. able the centers to serve as emergency back- terested parties, including other applicants Notwithstanding section 4(d) of the Con- up communications systems. that submitted applications. sumer Product Safety Act (15 U.S.C. 2053(d)),

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00201 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4994 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 2 members of the Consumer Product Safety (2) to design a security improvement strat- tation system operates in more than 1 State, Commission, if they are not affiliated with egy that— the Secretary shall give appropriate consid- the same political party, shall constitute a (A) minimizes terrorist threats to public eration to the risks of the entire system, in- quorum for the 6-month period beginning on transportation systems; and cluding those portions of the States into the date of enactment of this Act. (B) maximizes the efforts of public trans- which the system crosses, in establishing se- TITLE XIV—PUBLIC TRANSPORTATION portation systems to mitigate damage from curity improvement priorities under section TERRORISM PREVENTION terrorist attacks. 1403(a)(4), and in awarding grants for capital SEC. 1401. SHORT TITLE. (c) BUS AND RURAL PUBLIC TRANSPORTATION security improvements and operational secu- This title may be cited as the ‘‘Public SYSTEMS.—Not later than July 31, 2007, the rity improvements under subsections (a) and Transportation Terrorism Prevention Act of Secretary shall conduct security assess- (b), respectively. 2007’’. ments, appropriate to the size and nature of (e) CONGRESSIONAL NOTIFICATION.—Not SEC. 1402. FINDINGS. each system, to determine the specific needs later than 3 days before the award of any Congress finds that— of— grant under this section, the Secretary shall (1) 182 public transportation systems (1) local bus-only public transportation notify the Committee on Homeland Security throughout the world have been primary tar- systems; and and Governmental Affairs and the Com- get of terrorist attacks; (2) selected public transportation systems mittee on Banking, Housing, and Urban Af- (2) more than 6,000 public transportation that receive funds under section 5311 of title fairs of the Senate of the intent to award agencies operate in the United States; 49, United States Code. such grant. (3) people use public transportation vehi- SEC. 1404. SECURITY ASSISTANCE GRANTS. (f) PUBLIC TRANSPORTATION AGENCY RE- cles 33,000,000 times each day; (a) CAPITAL SECURITY ASSISTANCE PRO- SPONSIBILITIES.—Each public transportation (4) the Federal Transit Administration has GRAM.— agency that receives a grant under this sec- invested $84,800,000,000 since 1992 for con- (1) IN GENERAL.—The Secretary shall award tion shall— struction and improvements; grants directly to public transportation (1) identify a security coordinator to co- (5) the Federal Government appropriately agencies for allowable capital security im- ordinate security improvements; invested nearly $24,000,000,000 in fiscal years provements based on the priorities estab- (2) develop a comprehensive plan that dem- 2002 through 2006 to protect our Nation’s lished under section 1403(a)(4). onstrates the agency’s capacity for operating aviation system; (2) ALLOWABLE USE OF FUNDS.—Grants and maintaining the equipment purchased (6) the Federal Government has allocated awarded under paragraph (1) may be used under this section; and $386,000,000 in fiscal years 2003 through 2006 for— (3) report annually to the Secretary on the to protect public transportation systems in (A) tunnel protection systems; use of grant funds received under this sec- the United States; and (B) perimeter protection systems; tion. (7) the Federal Government has invested (C) redundant critical operations control (g) RETURN OF MISSPENT GRANT FUNDS.—If $7.53 in aviation security improvements per systems; the Secretary determines that a grantee passenger boarding, but only $0.008 in public (D) chemical, biological, radiological, or used any portion of the grant funds received transportation security improvements per explosive detection systems; under this section for a purpose other than passenger boarding. (E) surveillance equipment; the allowable uses specified for that grant SEC. 1403. SECURITY ASSESSMENTS. (F) communications equipment; under this section, the grantee shall return (a) PUBLIC TRANSPORTATION SECURITY AS- (G) emergency response equipment; any amount so used to the Treasury of the SESSMENTS.— (H) fire suppression and decontamination United States. (1) SUBMISSION.—Not later than 30 days equipment; SEC. 1405. PUBLIC TRANSPORTATION SECURITY after the date of the enactment of this Act, (I) global positioning or automated vehicle TRAINING PROGRAM. the Federal Transit Administration of the locator type system equipment; (a) IN GENERAL.—Not later than 90 days Department of Transportation shall submit (J) evacuation improvements; and after the date of enactment of this section, all public transportation security assess- (K) other capital security improvements. the Secretary, in consultation with appro- ments and all other relevant information to (b) OPERATIONAL SECURITY ASSISTANCE priate law enforcement, security, and ter- the Secretary. PROGRAM.— rorism experts, representatives of public (2) REVIEW.—Not later than July 31, 2007, (1) IN GENERAL.—The Secretary shall award transportation owners and operators, and the Secretary shall review and augment the grants directly to public transportation nonprofit employee organizations that rep- security assessments received under para- agencies for allowable operational security resent public transportation workers, shall graph (1). improvements based on the priorities estab- develop and issue detailed regulations for a (3) ALLOCATIONS.—The Secretary shall use lished under section 1403(a)(4). public transportation worker security train- the security assessments received under (2) ALLOWABLE USE OF FUNDS.—Grants ing program to prepare public transportation paragraph (1) as the basis for allocating awarded under paragraph (1) may be used workers, including front-line transit employ- grant funds under section 1404, unless the for— ees such as bus and rail operators, mechan- Secretary notifies the Committee on Bank- (A) security training for public transpor- ics, customer service employees, mainte- ing, Housing, and Urban Affairs of the Sen- tation employees, including bus and rail op- nance employees, transit police, and security ate that the Secretary has determined an ad- erators, mechanics, customer service, main- personnel, for potential threat conditions. justment is necessary to respond to an ur- tenance employees, transit police, and secu- (b) PROGRAM ELEMENTS.—The regulations gent threat or other significant factors. rity personnel; developed under subsection (a) shall require (4) SECURITY IMPROVEMENT PRIORITIES.— (B) live or simulated drills; such a program to include, at a minimum, Not later than September 30, 2007, the Sec- (C) public awareness campaigns for en- elements that address the following: retary, after consultation with the manage- hanced public transportation security; (1) Determination of the seriousness of any ment and employee representatives of each (D) canine patrols for chemical, biological, occurrence. public transportation system for which a se- or explosives detection; (2) Crew and passenger communication and curity assessment has been received under (E) overtime reimbursement for enhanced coordination. paragraph (1) and with appropriate State and security personnel during significant na- (3) Appropriate responses to defend oneself. local officials, shall establish security im- tional and international public events, con- (4) Use of protective devices. provement priorities that will be used by sistent with the priorities established under (5) Evacuation procedures (including pas- public transportation agencies for any fund- section 1403(a)(4); and sengers, workers, and those with disabil- ing provided under section 1404. (F) other appropriate security improve- ities). (5) UPDATES.—Not later than July 31, 2008, ments identified under section 1403(a)(4), ex- (6) Psychology of terrorists to cope with and annually thereafter, the Secretary cluding routine, ongoing personnel costs. hijacker behavior and passenger responses. shall— (c) COORDINATION WITH STATE HOMELAND (7) Live situational training exercises re- (A) update the security assessments re- SECURITY PLANS.—In establishing security garding various threat conditions, including ferred to in this subsection; and improvement priorities under section tunnel evacuation procedures. (B) conduct security assessments of all 1403(a)(4) and in awarding grants for capital (8) Any other subject the Secretary con- public transportation agencies considered to security improvements and operational secu- siders appropriate. be at greatest risk of a terrorist attack. rity improvements under subsections (a) and (c) REQUIRED PROGRAMS.— (b) USE OF SECURITY ASSESSMENT INFORMA- (b), respectively, the Secretary shall ensure (1) IN GENERAL.—Not later than 90 days TION.—The Secretary shall use the informa- that the actions of the Secretary are con- after the Secretary issues regulations under tion collected under subsection (a)— sistent with relevant State homeland secu- subsection (a) in final form, each public (1) to establish the process for developing rity plans. transportation system that receives a grant security guidelines for public transportation (d) MULTI-STATE TRANSPORTATION SYS- under this title shall develop a public trans- security; and TEMS.—In cases where a public transpor- portation worker security training program

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00202 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4995 in accordance with those regulations and the Science and Technology Directorate and priated to carry out the provisions of section submit it to the Secretary for approval. in consultation with the Federal Transit Ad- 1404(b)— (2) APPROVAL.—Not later than 30 days after ministration, shall award grants or con- (1) such sums as are necessary in fiscal receiving a public transportation system’s tracts to public or private entities to con- year 2007; program under paragraph (1), the Secretary duct research into, and demonstrate tech- (2) $534,000,000 for fiscal year 2008; shall review the program and approve it or nologies and methods to reduce and deter (3) $333,000,000 for fiscal year 2009; and require the public transportation system to terrorist threats or mitigate damages result- (4) $133,000,000 for fiscal year 2010. make any revisions the Secretary considers ing from terrorist attacks against public (c) INTELLIGENCE.—There are authorized to necessary for the program to meet the regu- transportation systems. be appropriated such sums as may be nec- lations requirements. A public transit agen- (b) USE OF FUNDS.—Grants or contracts essary to carry out the provisions of section cy shall respond to the Secretary’s com- awarded under subsection (a)— 1405. ments within 30 days after receiving them. (1) shall be coordinated with Homeland Se- (d) RESEARCH.—There are authorized to be (d) TRAINING.— curity Advanced Research Projects Agency appropriated to carry out the provisions of section 1407 and remain available until ex- (1) IN GENERAL.—Not later than 1 year after activities; and the Secretary approves the training program (2) may be used to— pended— developed by a public transportation system (A) research chemical, biological, radio- (1) such sums as are necessary in fiscal under subsection (c), the public transpor- logical, or explosive detection systems that year 2007; (2) $30,000,000 for fiscal year 2008; tation system owner or operator shall com- do not significantly impede passenger access; (3) $45,000,000 for fiscal year 2009; and plete the training of all public transpor- (B) research imaging technologies; (4) $55,000,000 for fiscal year 2010. tation workers in accordance with that pro- (C) conduct product evaluations and test- gram. ing; and SEC. 1410. SUNSET PROVISION. The authority to make grants under this (2) REPORT.—The Secretary shall review (D) research other technologies or methods implementation of the training program of a for reducing or deterring terrorist attacks title shall expire on October 1, 2011. representative sample of public transpor- against public transportation systems, or TITLE XV—MISCELLANEOUS PROVISIONS tation systems and report to the Senate mitigating damage from such attacks. SEC. 1501. DEPUTY SECRETARY OF HOMELAND Committee on Banking, Housing and Urban (c) REPORTING REQUIREMENT.—Each entity SECURITY FOR MANAGEMENT. Affairs, House of Representatives Committee that is awarded a grant or contract under (a) ESTABLISHMENT AND SUCCESSION.—Sec- this section shall report annually to the De- on Transportation and Infrastructure, the tion 103 of the Homeland Security Act of 2002 partment on the use of grant or contract Senate Homeland Security and Government (6 U.S.C. 113) is amended— funds received under this section. Affairs Committee and the House of Rep- (1) in subsection (a)— (d) RETURN OF MISSPENT GRANT OR CON- resentatives Committee on Homeland Secu- (A) in the subsection heading, by striking TRACT FUNDS.—If the Secretary determines ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY rity, on the number of reviews conducted and that a grantee or contractor used any por- the results. The Secretary may submit the SECRETARIES’’; tion of the grant or contract funds received (B) by striking paragraph (6); report in both classified and redacted for- under this section for a purpose other than mats as necessary. (C) by redesignating paragraphs (2) the allowable uses specified under subsection through (5) as paragraphs (3) through (6), re- (e) UPDATES.— (b), the grantee or contractor shall return (1) IN GENERAL.—The Secretary shall up- spectively; and any amount so used to the Treasury of the (D) by striking paragraph (1) and inserting date the training regulations issued under United States. subsection (a) from time to time to reflect the following: SEC. 1408. REPORTING REQUIREMENTS. ‘‘(1) A Deputy Secretary of Homeland Se- new or different security threats, and require (a) SEMI-ANNUAL REPORT TO CONGRESS.— public transportation systems to revise their curity. (1) IN GENERAL.—Not later than March 31 ‘‘(2) A Deputy Secretary of Homeland Se- programs accordingly and provide additional and September 30 each year, the Secretary training to their workers. curity for Management.’’; and shall submit a report, containing the infor- (2) by adding at the end the following: (2) PROGRAM REVISIONS.—Each public tran- mation described in paragraph (2), to— ‘‘(g) VACANCIES.— sit operator shall revise their program in ac- (A) the Committee on Banking, Housing, ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— cordance with any regulations under para- and Urban Affairs of the Senate; ‘‘(A) DEPUTY SECRETARY.—In case of a va- graph (1) and provide additional training to (B) the Committee on Homeland Security cancy in the office of the Secretary, or of the their front-line workers within a reasonable and Governmental Affairs of the Senate; and absence or disability of the Secretary, the time after the regulations are updated. (C) the Committee on Appropriations of Deputy Secretary of Homeland Security may SEC. 1406. INTELLIGENCE SHARING. the Senate. exercise all the duties of that office, and for (a) INTELLIGENCE SHARING.—The Secretary (2) CONTENTS.—The report submitted under the purpose of section 3345 of title 5, United shall ensure that the Department of Trans- paragraph (1) shall include— States Code, the Deputy Secretary of Home- portation receives appropriate and timely (A) a description of the implementation of land Security is the first assistant to the notification of all credible terrorist threats the provisions of sections 1403 through 1406; Secretary. against public transportation assets in the (B) the amount of funds appropriated to ‘‘(B) DEPUTY SECRETARY FOR MANAGE- United States. carry out the provisions of each of sections MENT.—When by reason of absence, dis- (b) INFORMATION SHARING ANALYSIS CEN- 1403 through 1406 that have not been ex- ability, or vacancy in office, neither the Sec- TER.— pended or obligated; and retary nor the Deputy Secretary of Home- (1) ESTABLISHMENT.—The Secretary shall (C) the state of public transportation secu- land Security is available to exercise the du- provide sufficient financial assistance for the rity in the United States. ties of the office of the Secretary, the Dep- reasonable costs of the Information Sharing (b) ANNUAL REPORT TO GOVERNORS.— uty Secretary of Homeland Security for and Analysis Center for Public Transpor- (1) IN GENERAL.—Not later than March 31 of Management shall act as Secretary. tation (referred to in this subsection as the each year, the Secretary shall submit a re- ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- ‘‘ISAC’’) established pursuant to Presi- port to the Governor of each State with a RETARY.—In the case of a vacancy in the of- dential Directive 63, to protect critical infra- public transportation agency that has re- fice of the Deputy Secretary of Homeland structure. ceived a grant under this title. Security, or of the absence or disability of (2) PUBLIC TRANSPORTATION AGENCY PAR- (2) CONTENTS.—The report submitted under the Deputy Secretary of Homeland Security, TICIPATION.—The Secretary— paragraph (1) shall specify— the Deputy Secretary of Homeland Security (A) shall require those public transpor- (A) the amount of grant funds distributed for Management may exercise all the duties tation agencies that the Secretary deter- to each such public transportation agency; of that office. mines to be at significant risk of terrorist and ‘‘(3) FURTHER ORDER OF SUCCESSION.—The attack to participate in the ISAC; (B) the use of such grant funds. Secretary may designate such other officers (B) shall encourage all other public trans- SEC. 1409. AUTHORIZATION OF APPROPRIATIONS. of the Department in further order of succes- portation agencies to participate in the (a) CAPITAL SECURITY ASSISTANCE PRO- sion to act as Secretary.’’. ISAC; and GRAM.—There are authorized to be appro- (b) RESPONSIBILITIES.—Section 701 of the (C) shall not charge a fee to any public priated to carry out the provisions of section Homeland Security Act of 2002 (6 U.S.C. 341) transportation agency for participating in 1404(a) and remain available until expended— is amended— the ISAC. (1) such sums as are necessary in fiscal (1) in the section heading, by striking SEC. 1407. RESEARCH, DEVELOPMENT, AND DEM- year 2007; ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- ONSTRATION GRANTS AND CON- (2) $536,000,000 for fiscal year 2008; UTY SECRETARY OF HOMELAND SECU- TRACTS. (3) $772,000,000 for fiscal year 2009; and RITY’’; (a) GRANTS AND CONTRACTS AUTHORIZED.— (4) $1,062,000,000 for fiscal year 2010. (2) in subsection (a)— The Secretary, through the Homeland Secu- (b) OPERATIONAL SECURITY ASSISTANCE (A) by inserting ‘‘The Deputy Secretary of rity Advanced Research Projects Agency in PROGRAM.—There are authorized to be appro- Homeland Security for Management shall

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00203 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4996 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 serve as the Chief Management Officer and Management at the pleasure of the Presi- (2) recruiting employees with diverse principal advisor to the Secretary on mat- dent, until a Deputy Secretary of Homeland worldviews, skills, languages, and cultural ters related to the management of the De- Security for Management is appointed in ac- backgrounds and expertise; partment, including management integra- cordance with subsection (c) of section 701 of (3) consulting with experts to ensure that tion and transformation in support of home- the Homeland Security Act of 2002 (6 U.S.C. the lexicon used within public statements is land security operations and programs.’’ be- 341), as added by this Act; and precise and appropriate and does not aid ex- fore ‘‘The Secretary’’; (2) may be appointed Deputy Secretary of tremists by offending the American Muslim (B) by striking ‘‘Under Secretary for Man- Homeland Security for Management, if such community; agement’’ and inserting ‘‘Deputy Secretary appointment is otherwise in accordance with (4) developing and implementing, in con- of Homeland Security for Management’’; sections 103 and 701 of the Homeland Secu- cert with the Attorney General and State (C) by striking paragraph (7) and inserting rity Act of 2002 (6 U.S.C. 113 and 341), as and local corrections officials, a program to the following: amended by this Act. address prisoner radicalization and post-sen- ‘‘(7) Strategic planning and annual per- (e) REFERENCES.—References in any other tence reintegration; formance planning and identification and Federal law, Executive order, rule, regula- (5) pursuing broader avenues of dialogue tracking of performance measures relating tion, or delegation of authority, or any docu- with the Muslim community to foster mu- to the responsibilities of the Department.’’; ment of or relating to the Under Secretary tual respect, understanding, and trust; and and for Management of the Department of Home- (6) working directly with State, local, and (D) by striking paragraph (9), and inserting land Security shall be deemed to refer to the community leaders to— the following: Deputy Secretary of Homeland Security for (A) educate these leaders on the threat of ‘‘(9) The integration and transformation Management. radicalization and the necessity of taking process, to ensure an efficient and orderly (f) TECHNICAL AND CONFORMING AMEND- preventative action at the local level; and consolidation of functions and personnel to MENTS.— (B) facilitate the sharing of best practices the Department, including the development (1) OTHER REFERENCE.—Section 702(a) of from other countries and communities to en- of a management integration strategy for the Homeland Security Act of 2002 (6 U.S.C. courage outreach to the American Muslim the Department.’’; and 342(a)) is amended by striking ‘‘Under Sec- community and develop partnerships be- (3) in subsection (b)— retary for Management’’ and inserting ‘‘Dep- tween all faiths, including Islam. (A) in paragraph (1), by striking ‘‘Under uty Secretary of Homeland Security for SEC. 1503. SENSE OF THE SENATE REGARDING Secretary for Management’’ and inserting Management’’. OVERSIGHT OF HOMELAND SECU- ‘‘Deputy Secretary of Homeland Security for (2) TABLE OF CONTENTS.—The table of con- RITY. Management’’; and tents in section 1(b) of the Homeland Secu- (a) FINDINGS.—The Senate finds the fol- (B) in paragraph (2), by striking ‘‘Under rity Act of 2002 (6 U.S.C. 101(b)) is amended lowing: Secretary for Management’’ and inserting by striking the item relating to section 701 (1) The Senate recognizes the importance ‘‘Deputy Secretary of Homeland Security for and inserting the following: and need to implement the recommendations Management’’. ‘‘Sec. 701. Deputy Secretary of Homeland offered by the National Commission on Ter- (c) APPOINTMENT, EVALUATION, AND RE- rorist Attacks Upon the United States (in APPOINTMENT.—Section 701 of the Homeland Security for Management.’’. this section referred to as the ‘‘Commis- Security Act of 2002 (6 U.S.C. 341) is amended (3) EXECUTIVE SCHEDULE.—Section 5313 of sion’’). by adding at the end the following: title 5, United States Code, is amended by in- ‘‘(c) APPOINTMENT, EVALUATION, AND RE- serting after the item relating to the Deputy (2) Congress considered and passed the Na- APPOINTMENT.—The Deputy Secretary of Secretary of Homeland Security the fol- tional Security Intelligence Reform Act of Homeland Security for Management— lowing: 2004 (Public Law 108-458; 118 Stat. 3643) to im- ‘‘(1) shall be appointed by the President, by ‘‘Deputy Secretary of Homeland Security plement the recommendations of the Com- and with the advice and consent of the Sen- for Management.’’. mission. ate, from among persons who have— SEC. 1502. SENSE OF THE SENATE REGARDING (3) Representatives of the Department tes- ‘‘(A) extensive executive level leadership COMBATING DOMESTIC tified at 165 Congressional hearings in cal- and management experience in the public or RADICALIZATION. endar year 2004, and 166 Congressional hear- private sector; (a) FINDINGS.—The Senate finds the fol- ings in calendar year 2005. ‘‘(B) strong leadership skills; lowing: (4) The Department had 268 representatives ‘‘(C) a demonstrated ability to manage (1) The United States is engaged in a strug- testify before 15 committees and 35 sub- large and complex organizations; and gle against a transnational terrorist move- committees of the House of Representatives ‘‘(D) a proven record in achieving positive ment of radical extremists seeking to exploit and 9 committees and 12 subcommittees of operational results; the religion of Islam through violent means the Senate at 206 congressional hearings in ‘‘(2) shall— to achieve ideological ends. calendar year 2006. ‘‘(A) serve for a term of 5 years; and (2) The radical jihadist movement tran- (5) The Senate has been unwilling to re- ‘‘(B) be subject to removal by the Presi- scends borders and has been identified as a form itself in accordance with the rec- dent if the President— potential threat within the United States. ommendation of the Commission to provide ‘‘(i) finds that the performance of the Dep- (3) Radicalization has been identified as a better and more streamlined oversight of the uty Secretary of Homeland Security for precursor to terrorism. Department. Management is unsatisfactory; and (4) Countering the threat of violent ex- (b) SENSE OF SENATE.—It is the sense of the ‘‘(ii) communicates the reasons for remov- tremists domestically, as well as inter- Senate that the Senate should implement ing the Deputy Secretary of Homeland Secu- nationally, is a critical element of the plan the recommendation of the Commission to rity for Management to Congress before such of the United States for success in the war ‘‘create a single, principal point of oversight removal; on terror. and review for homeland security.’’. ‘‘(3) may be reappointed in accordance with (5) United States law enforcement agencies SEC. 1504. REPORT REGARDING BORDER SECU- paragraph (1), if the Secretary has made a have identified radicalization as an emerging RITY. satisfactory determination under paragraph threat and have in recent years identified (a) IN GENERAL.—Not later than 180 days (5) for the 3 most recent performance years; cases of ‘‘homegrown’’ extremists operating after the date of enactment of this Act, the ‘‘(4) shall enter into an annual performance inside the United States with the intent to Secretary shall submit a report to Congress agreement with the Secretary that shall set provide support for, or directly commit, a regarding ongoing initiatives of the Depart- forth measurable individual and organiza- terrorist attack. ment to improve security along the northern tional goals; and (6) The alienation of Muslim populations in border of the United States. ‘‘(5) shall be subject to an annual perform- the Western world has been identified as a (b) CONTENTS.—The report submitted under ance evaluation by the Secretary, who shall factor in the spread of radicalization. subsection (a) shall— determine as part of each such evaluation (7) Radicalization cannot be prevented (1) address the vulnerabilities along the whether the Deputy Secretary of Homeland solely through law enforcement and intel- northern border of the United States; and Security for Management has made satisfac- ligence measures. (2) provide recommendations to address tory progress toward achieving the goals set (b) SENSE OF SENATE.—It is the sense of the such vulnerabilities, including required re- out in the performance agreement required Senate that the Secretary, in consultation sources needed to protect the northern bor- under paragraph (4).’’. with other relevant Federal agencies, should der of the United States. (d) INCUMBENT.—The individual who serves make a priority of countering domestic (c) GOVERNMENT ACCOUNTABILITY OFFICE.— in the position of Under Secretary for Man- radicalization and extremism by— Not later than 270 days after the date of the agement of the Department of Homeland Se- (1) using intelligence analysts and other submission of the report under subsection curity on the date of enactment of this Act— experts to better understand the process of (a), the Comptroller General of the United (1) may perform all the duties of the Dep- radicalization from sympathizer to activist States shall submit a report to Congress uty Secretary of Homeland Security for to terrorist; that—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00204 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 4997 (1) reviews and comments on the report Emergency Management Performance Grant the Secretary a 3-year State homeland secu- under subsection (a); and program and the Urban Search and Rescue rity plan that— (2) provides recommendations regarding Grants program authorized by title VI of the ‘‘(A) demonstrates the extent to which the any additional actions necessary to protect Robert T. Stafford Disaster Relief and Emer- State has achieved the essential capabilities the northern border of the United States. gency Assistance Act (42 U.S.C. 5195 et seq.), that apply to the State; the Departments of Veterans Affairs and ‘‘(B) demonstrates the needs of the State SA 276. Mrs. FEINSTEIN (for herself, Housing and Urban Development, and Inde- necessary to achieve, maintain, or enhance Mr. CORNYN, Mr. LAUTENBERG, Mrs. pendent Agencies Appropriations Act, 2000 the essential capabilities that apply to the BOXER, Mrs. HUTCHISON, Mr. SCHUMER, (113 Stat. 1047 et seq.), and the Earthquake State; Mrs. CLINTON, Mr. OBAMA, Mr. MENEN- Hazards Reduction Act of 1977 (42 U.S.C. 7701 ‘‘(C) includes a prioritization of such needs et seq.). based on threat, vulnerability, and con- DEZ, Mr. CASEY, and Mr. KERRY) sub- ‘‘(d) EFFECT ON COVERED GRANTS.—Nothing sequence assessment factors applicable to mitted an amendment intended to be in this Act shall be construed to require the the State; proposed to amendment SA 275 pro- elimination of a covered grant program.’’. ‘‘(D) describes how the State intends— posed by Mr. REID (for himself, Mr. LIE- (b) COVERED GRANT ELIGIBILITY AND CRI- ‘‘(i) to address such needs at the city, BERMAN, and Ms. COLLINS) to the bill S. TERIA.—The Homeland Security Act of 2002 county, regional, tribal, State, and inter- 4, to make the United States more se- (Public Law 107–296; 6 U.S.C. 361 et seq.), as state level, including a precise description of cure by implementing unfinished rec- amended by subsection (a), is amended by any regional structure the State has estab- ommendations of the 9/11 Commission adding at the end the following: lished for the purpose of organizing home- to fight the war on terror more effec- ‘‘SEC. 2002. COVERED GRANT ELIGIBILITY AND land security preparedness activities funded CRITERIA. by covered grants; tively, to improve homeland security, ‘‘(a) GRANT ELIGIBILITY.— ‘‘(ii) to use all Federal, State, and local re- and for other purposes; which was or- ‘‘(1) IN GENERAL.— sources available for the purpose of address- dered to lie on the table; as follows: ‘‘(A) GENERAL ELIGIBILITY.—Except as pro- ing such needs; and On page 49, line 12, strike all through the vided in subparagraphs (B) and (C), any ‘‘(iii) to give particular emphasis to re- matter preceding page 106, line 7, and insert State, region, or directly eligible tribe shall gional planning and cooperation, including the following: be eligible to apply for a covered grant. the activities of multijurisdictional planning TITLE II—RISK-BASED FUNDING FOR ‘‘(B) URBAN AREA SECURITY INITIATIVE.— agencies governed by local officials, both HOMELAND SECURITY Only a region shall be eligible to apply for a within its jurisdictional borders and with grant under the Urban Area Security Initia- neighboring States; SEC. 201. RISK-BASED FUNDING FOR HOMELAND tive of the Department, or any successor to ‘‘(E) is developed in consultation with and SECURITY. such grant program. subject to appropriate comment by local (a) RISK-BASED FUNDING IN GENERAL.—The ‘‘(C) STATE HOMELAND SECURITY GRANT PRO- governments within the State; and Homeland Security Act of 2002 (Public Law GRAM.—Only a State shall be eligible to ‘‘(F) with respect to the emergency pre- 107–296; 6 U.S.C. 361 et seq.) is amended by apply for a grant under the State Homeland paredness of first responders, addresses the adding at the end the following: Security Grant Program of the Department, unique aspects of terrorism as part of a com- ‘‘TITLE XX—RISK-BASED FUNDING FOR or any successor to such grant program. prehensive State emergency management HOMELAND SECURITY ‘‘(2) OTHER GRANT APPLICANTS.— plan. ‘‘SEC. 2001. RISK-BASED FUNDING FOR HOME- ‘‘(A) IN GENERAL.—Grants provided by the ‘‘(2) APPROVAL BY SECRETARY.—The Sec- LAND SECURITY. Department for improving homeland secu- retary may not award any covered grant to ‘‘(a) RISK-BASED FUNDING.—The Secretary rity, including to seaports, airports, and a State unless the Secretary has approved shall ensure that homeland security grants other transportation facilities, shall be allo- the applicable State homeland security plan. are allocated based on an assessment of cated as described in section 2001(a). ‘‘(d) CONSISTENCY WITH STATE PLANS.—The threat, vulnerability, and consequence to the ‘‘(B) CONSIDERATION.—Applications for Secretary shall ensure that each covered maximum extent practicable. such grants shall be considered, to the ex- grant is used to supplement and support, in ‘‘(b) COVERED GRANTS.—This title applies tent determined appropriate by the Sec- a consistent and coordinated manner, the ap- to grants provided by the Department to retary, pursuant to the procedures and cri- plicable State homeland security plan or States, regions, or directly eligible tribes for teria established in this title, except that plans. the primary purpose of improving the ability the eligibility requirements of paragraph (1) ‘‘(e) APPLICATION FOR GRANT.— of first responders to prevent, prepare for, re- shall not apply. ‘‘(1) IN GENERAL.—Except as otherwise pro- spond to, or mitigate threatened or actual ‘‘(3) CERTIFICATION OF REGIONS.— vided in this subsection, any State, region, terrorist attacks, especially those involving ‘‘(A) IN GENERAL.—The Secretary shall cer- directly eligible tribe, or operator of an air- weapons of mass destruction, and grants pro- tify a geographic area as a region if— port, port, or similar facility may apply for vided by the Department for improving ‘‘(i) the geographic area meets the criteria a covered grant by submitting to the Sec- homeland security, including the following: under section 2007(10)(B) and (C); and retary an application at such time, in such ‘‘(1) STATE HOMELAND SECURITY GRANT PRO- ‘‘(ii) the Secretary determines, based on an manner, and containing such information as GRAM.—The State Homeland Security Grant assessment of threat, vulnerability, and con- is required under this subsection, or as the Program of the Department, or any suc- sequence, that certifying the geographic area Secretary may reasonably require. cessor to such grant program. as a region under this title is in the interest ‘‘(2) DEADLINES FOR APPLICATIONS AND ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The of national homeland security. AWARDS.—All applications for covered grants Urban Area Security Initiative of the De- ‘‘(B) EXISTING URBAN AREA SECURITY INITIA- shall be submitted at such time as the Sec- partment, or any successor to such grant TIVE AREAS.—Notwithstanding section retary may reasonably require for the fiscal program. 2007(10)(B) and (C), a geographic area that, on year for which they are submitted. The Sec- ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN- or before the date of enactment of the Im- retary shall award covered grants for all ap- TION PROGRAM.—The Law Enforcement Ter- proving America’s Security Act of 2007, was proved applications for such fiscal year as rorism Prevention Program of the Depart- designated as a high-threat urban area for soon as practicable, but not later than ment, or any successor to such grant pro- purposes of the Urban Area Security Initia- March 1 of such year. gram. tive, shall be certified by the Secretary as a ‘‘(3) AVAILABILITY OF FUNDS.—All funds ‘‘(4) CITIZEN CORPS PROGRAM.—The Citizen region unless the Secretary determines, awarded by the Secretary under covered Corps Program of the Department, or any based on an assessment of threat, vulner- grants in a fiscal year shall be available for successor to such grant program. ability, and consequence, that certifying the obligation through the end of the second sub- ‘‘(c) EXCLUDED PROGRAMS.—This title does geographic area as a region is not in the in- sequent fiscal year. not apply to or otherwise affect the fol- terest of national homeland security. ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— lowing Federal grant programs or any grant ‘‘(b) GRANT CRITERIA.—In awarding covered The Secretary shall require that each appli- under such a program: grants, the Secretary shall assist States, cant include in its application, at a min- ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed- local governments, and operators of airports, imum— eral grant program that is not administered ports, or similar facilities in achieving, ‘‘(A) the purpose for which the applicant by the Department. maintaining, and enhancing the essential ca- seeks covered grant funds and the reasons ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant pabilities established by the Secretary under why the applicant needs the covered grant to programs authorized by sections 33 and 34 of section 2003. meet the essential capabilities for terrorism the Federal Fire Prevention and Control Act ‘‘(c) STATE HOMELAND SECURITY PLANS.— preparedness within the State, region, or di- of 1974 (15 U.S.C. 2229 and 2229a). ‘‘(1) SUBMISSION OF PLANS.—The Secretary rectly eligible tribe or at the airport, port, ‘‘(3) EMERGENCY MANAGEMENT PLANNING shall require that any State applying to the or similar facility to which the application AND ASSISTANCE ACCOUNT GRANTS.—The Secretary for a covered grant shall submit to pertains;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00205 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 4998 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(B) a description of how, by reference to that receives a regional award under sub- located, consistent with the homeland secu- the applicable State homeland security plan paragraph (C) shall certify to the Secretary, rity plan of the State as described in sub- or plans under subsection (c), the allocation by not later than 30 days after the expiration section (c). If a State fails to comply with of grant funding proposed in the application, of the period described in subparagraph (C) section 2006(g)(1), the tribe may request pay- including, where applicable, the amount not with respect to the grant, that the State has ment under section 2006(h)(3) in the same passed through under section 2006(g)(1), made available to the region the required manner as a local government. would assist in fulfilling the essential capa- funds and resources in accordance with sub- ‘‘(7) EQUIPMENT STANDARDS.—If an appli- bilities specified in such plan or plans; paragraph (C). cant for a covered grant proposes to upgrade ‘‘(C) a statement of whether a mutual aid ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If any or purchase, with assistance provided under agreement applies to the use of all or any State fails to pass through a regional award the grant, new equipment or systems that do portion of the covered grant funds; to a region as required by subparagraph (C) not meet or exceed any applicable national ‘‘(D) if the applicant is a State, a descrip- within 45 days after receiving such award voluntary consensus standards established tion of how the State plans to allocate the and does not request or receive an extension by the Secretary under section 2005(a), the covered grant funds to regions, local govern- of such period under section 2006(h)(2), the applicant shall include in the application an ments, and Indian tribes; region may petition the Secretary to receive explanation of why such equipment or sys- ‘‘(E) if the applicant is a region— directly the portion of the regional award tems will serve the needs of the applicant ‘‘(i) a precise geographical description of that is required to be passed through to such better than equipment or systems that meet the region and a specification of all partici- region under subparagraph (C). or exceed such standards. pating and nonparticipating local govern- ‘‘(F) REGIONAL LIAISONS.—A regional liai- ‘‘(f) HOMELAND SECURITY GRANTS BOARD.— ments within the geographical area com- son designated under paragraph (4)(E)(iii) ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec- prising that region; shall— retary shall establish a Homeland Security ‘‘(ii) a specification of what governmental ‘‘(i) coordinate with Federal, State, local, Grants Board, consisting of— entity within the region will administer the regional, and private officials within the re- ‘‘(A) the Secretary; expenditure of funds under the covered gion concerning terrorism preparedness; ‘‘(B) the Deputy Secretary of Homeland Se- grant; ‘‘(ii) develop a process for receiving input curity; ‘‘(iii) a designation of a specific individual from Federal, State, local, regional, and pri- ‘‘(C) the Under Secretary for Emergency to serve as regional liaison; and vate sector officials within the region to as- Preparedness and Response; ‘‘(iv) a description of how the govern- sist in the development of the regional appli- ‘‘(D) the Under Secretary for Border and mental entity administering the expenditure cation and to improve the region’s access to Transportation Security; ‘‘(E) the Under Secretary for Information of funds under the covered grant plans to al- covered grants; and Analysis and Infrastructure Protection; locate the covered grant funds to States, ‘‘(iii) administer, in consultation with ‘‘(F) the Under Secretary for Science and local governments, and Indian tribes; State, local, regional, and private officials Technology; and ‘‘(F) a capital budget showing how the ap- within the region, covered grants awarded to ‘‘(G) the Director of the Office of State and plicant intends to allocate and expend the the region. covered grant funds; and Local Government Coordination. ‘‘(6) TRIBAL APPLICATIONS.— ‘‘(G) if the applicant is a directly eligible ‘‘(2) CHAIRMAN.— ‘‘(A) SUBMISSION TO THE STATE OR STATES.— tribe, a designation of a specific individual ‘‘(A) IN GENERAL.—The Secretary shall be To ensure the consistency required under to serve as the tribal liaison. the Chairman of the Board. subsection (d), an applicant that is a directly ‘‘(5) REGIONAL APPLICATIONS.— ‘‘(B) EXERCISE OF AUTHORITIES BY DEPUTY eligible tribe shall submit its application to ‘‘(A) RELATIONSHIP TO STATE APPLICA- SECRETARY.—The Deputy Secretary of Home- each State within the boundaries of which TIONS.—A regional application— land Security may exercise the authorities any part of such tribe is located for direct ‘‘(i) shall be coordinated with an applica- of the Chairman, if the Secretary so directs. submission to the Department along with tion submitted by the State or States of ‘‘(3) RISK-BASED RANKING OF GRANT APPLI- the application of such State or States. which such region is a part; CATIONS.— ‘‘(B) OPPORTUNITY FOR STATE COMMENT.— ‘‘(ii) shall supplement and avoid duplica- ‘‘(A) PRIORITIZATION OF GRANTS.—The Before awarding any covered grant to a di- tion with such State application; and Board— ‘‘(iii) shall address the unique regional as- rectly eligible tribe, the Secretary shall pro- ‘‘(i) shall evaluate and annually prioritize pects of such region’s terrorism preparedness vide an opportunity to each State within the all pending applications for covered grants needs beyond those provided for in the appli- boundaries of which any part of such tribe is based upon the degree to which they would, cation of such State or States. located to comment to the Secretary on the by achieving, maintaining, or enhancing the consistency of the tribe’s application with ‘‘(B) STATE REVIEW AND SUBMISSION.—To essential capabilities of the applicants on a ensure the consistency required under sub- the State’s homeland security plan. Any nationwide basis, lessen the threat to, vul- section (d) and the coordination required such comments shall be submitted to the nerability of, and consequences for persons under subparagraph (A) of this paragraph, an Secretary concurrently with the submission and critical infrastructure; and applicant that is a region shall submit its of the State and tribal applications. ‘‘(ii) in evaluating the threat to persons application to each State of which any part ‘‘(C) FINAL AUTHORITY.—The Secretary and critical infrastructure for purposes of is included in the region for review and con- shall have final authority to determine the prioritizing covered grants, shall give great- currence before the submission of such appli- consistency of any application of a directly er weight to threats of terrorism based on cation to the Secretary. The regional appli- eligible tribe with the applicable State their specificity and credibility, including cation shall be transmitted to the Secretary homeland security plan or plans, and to ap- any pattern of repetition. through each such State within 30 days after prove any application of such tribe. The Sec- ‘‘(B) MINIMUM AMOUNTS.— receipt of the application by that State, un- retary shall notify each State within the ‘‘(i) IN GENERAL.—After evaluating and less the Governor of such a State notifies the boundaries of which any part of such tribe is prioritizing grant applications under sub- Secretary, in writing, that such regional ap- located of the approval of an application by paragraph (A), the Board shall ensure that, plication is inconsistent with the State’s such tribe. for each fiscal year, each State that has an homeland security plan and provides an ex- ‘‘(D) TRIBAL LIAISON.—A tribal liaison des- approved State homeland security plan re- planation of the reasons therefor. ignated under paragraph (4)(G) shall— ceives no less than 0.25 percent of the funds ‘‘(C) DISTRIBUTION OF REGIONAL AWARDS.—If ‘‘(i) coordinate with Federal, State, and available for the State Homeland Security the Secretary approves a regional applica- private sector officials to assist in the devel- Grant Program, as described in section tion, then the Secretary shall distribute a opment of the application of such tribe and 2001(b)(1), for that fiscal year for purposes of regional award to the State or States sub- to improve the tribe’s access to covered implementing its homeland security plan in mitting the applicable regional application grants; and accordance with the prioritization of addi- under subparagraph (B), and each such State ‘‘(ii) administer, in consultation with tional needs under subsection (c)(1)(C). shall, not later than the end of the 45-day pe- State, local, regional, and private officials, ‘‘(ii) OTHER ENTITIES.—Notwithstanding riod beginning on the date after receiving a covered grants awarded to such tribe. clause (i), the Board shall ensure that, for regional award, pass through to the region ‘‘(E) LIMITATION ON THE NUMBER OF DIRECT each fiscal year, American Samoa, the Com- all covered grant funds or resources pur- GRANTS.—The Secretary may make covered monwealth of the Northern Mariana Islands, chased with such funds, except those funds grants directly to not more than 20 directly Guam, and the Virgin Islands each receive necessary for the State to carry out its re- eligible tribes per fiscal year. 0.08 percent of the funds available for the sponsibilities with respect to such regional ‘‘(F) TRIBES NOT RECEIVING DIRECT State Homeland Security Grant Program, as application. In no such case shall the State GRANTS.—An Indian tribe that does not re- described in section 2001(b)(1), for that fiscal or States pass through to the region less ceive a grant directly under this section is year for purposes of implementing its home- than 80 percent of the regional award. eligible to receive funds under a covered land security plan in accordance with the ‘‘(D) CERTIFICATIONS REGARDING DISTRIBU- grant from the State or States within the prioritization of additional needs under sub- TION OF GRANT FUNDS TO REGIONS.—Any State boundaries of which any part of such tribe is section (c)(1)(C).

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‘‘(4) FUNCTIONS OF UNDER SECRETARIES.— terrorism preparedness levels within a speci- date of the enactment of this section, which The Under Secretaries referred to in para- fied time period. shall be known as the Task Force on Essen- graph (1) shall seek to ensure that the rel- ‘‘(3) MEASURABILITY.—The establishment of tial Capabilities. evant expertise and input of the staff of their essential capabilities shall be designed to en- ‘‘(b) REPORT.— directorates are available to and considered able measurement of progress toward spe- ‘‘(1) IN GENERAL.—The Task Force shall by the Board.’’. cific terrorism preparedness goals. submit to the Secretary, not later than 9 SEC. 202. ESSENTIAL CAPABILITIES, TASK ‘‘(4) COMPREHENSIVENESS.—The determina- months after its establishment by the Sec- FORCES, AND STANDARDS. tion of essential capabilities for terrorism retary under subsection (a) and every 3 years The Homeland Security Act of 2002 (Public preparedness shall be made within the con- thereafter, a report on its recommendations Law 107–296; 6 U.S.C. 361 et seq.), as amended text of a comprehensive State emergency for essential capabilities for preparedness for by section 201, is amended by adding at the management system. terrorism. end the following: ‘‘(c) FACTORS TO BE CONSIDERED.— ‘‘(2) CONTENTS.—The report shall— ‘‘SEC. 2003. ESSENTIAL CAPABILITIES FOR HOME- ‘‘(1) IN GENERAL.—In establishing essential ‘‘(A) include a priority ranking of essential LAND SECURITY. capabilities under subsection (a)(1), the Sec- capabilities in order to provide guidance to ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPA- retary specifically shall consider the vari- the Secretary and to Congress on deter- BILITIES.— ables of threat, vulnerability, and con- mining the appropriate allocation of, and ‘‘(1) IN GENERAL.—For purposes of making sequences with respect to the Nation’s popu- funding levels for, first responder needs; covered grants, the Secretary shall establish lation (including transient commuting and ‘‘(B) set forth a methodology by which any clearly defined essential capabilities for tourist populations) and critical infrastruc- State or local government will be able to de- State and local government preparedness for ture. Such consideration shall be based upon termine the extent to which it possesses or terrorism, in consultation with— the most current risk assessment available has access to the essential capabilities that ‘‘(A) the Task Force on Essential Capabili- by the Directorate for Information Analysis States and local governments having similar ties established under section 2004; and Infrastructure Protection of the threats risks should obtain; ‘‘(B) the Under Secretaries for Emergency of terrorism against the United States. ‘‘(C) describe the availability of national Preparedness and Response, Border and ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— voluntary consensus standards, and whether Transportation Security, Information Anal- The Secretary specifically shall consider there is a need for new national voluntary ysis and Infrastructure Protection, and threats of terrorism against the following consensus standards, with respect to first re- Science and Technology, and the Director of critical infrastructure sectors in all areas of sponder training and equipment; the Office of State and Local Government the Nation, urban and rural: ‘‘(D) include such additional matters as the Coordination; ‘‘(A) Agriculture. Secretary may specify in order to further the ‘‘(C) the Secretary of Health and Human ‘‘(B) Banking and finance. terrorism preparedness capabilities of first Services; ‘‘(C) Chemical industries. responders; and ‘‘(D) other appropriate Federal agencies; ‘‘(D) The defense industrial base. ‘‘(E) include such revisions to the contents ‘‘(E) State and local first responder agen- ‘‘(E) Emergency services. of past reports as are necessary to take into cies and officials; and ‘‘(F) Energy. account changes in the most current risk as- ‘‘(F) consensus-based standard making or- ‘‘(G) Food. sessment available by the Directorate for In- ganizations responsible for setting standards ‘‘(H) Government. formation Analysis and Infrastructure Pro- relevant to the first responder community. ‘‘(I) Postal and shipping. tection or other relevant information as de- ‘‘(2) DEADLINES.—The Secretary shall— ‘‘(J) Public health. termined by the Secretary. ‘‘(A) establish essential capabilities under ‘‘(K) Information and telecommunications ‘‘(3) CONSISTENCY WITH FEDERAL WORKING paragraph (1) within 30 days after receipt of networks. GROUP.—The Task Force shall ensure that its the report under section 2004(b); and ‘‘(L) Transportation. recommendations for essential capabilities ‘‘(B) regularly update such essential capa- ‘‘(M) Water. are, to the extent feasible, consistent with bilities as necessary, but not less than every The order in which the critical infrastruc- any preparedness goals or recommendations 3 years. ture sectors are listed in this paragraph shall of the Federal working group established ‘‘(3) PROVISION OF ESSENTIAL CAPABILI- not be construed as an order of priority for under section 319F(a) of the Public Health TIES.—The Secretary shall ensure that a de- consideration of the importance of such sec- Service Act (42 U.S.C. 247d–6(a)). tailed description of the essential capabili- tors. ‘‘(4) COMPREHENSIVENESS.—The Task Force ties established under paragraph (1) is pro- ‘‘(3) TYPES OF THREAT.—The Secretary spe- shall ensure that its recommendations re- vided promptly to the States and to Con- cifically shall consider the following types of garding essential capabilities for terrorism gress. The States shall make the essential threat to the critical infrastructure sectors preparedness are made within the context of capabilities available as necessary and ap- described in paragraph (2), and to popu- a comprehensive State emergency manage- propriate to local governments and operators lations in all areas of the Nation, urban and ment system. of airports, ports, and other similar facilities rural: ‘‘(5) PRIOR MEASURES.—The Task Force within their jurisdictions. ‘‘(A) Biological threats. shall ensure that its recommendations re- ‘‘(b) OBJECTIVES.—The Secretary shall en- ‘‘(B) Nuclear threats. garding essential capabilities for terrorism sure that essential capabilities established ‘‘(C) Radiological threats. preparedness take into account any capabili- under subsection (a)(1) meet the following ‘‘(D) Incendiary threats. ties that State or local officials have deter- objectives: ‘‘(E) Chemical threats. mined to be essential and have undertaken ‘‘(1) SPECIFICITY.—The determination of es- ‘‘(F) Explosives. since September 11, 2001, to prevent or pre- sential capabilities specifically shall de- ‘‘(G) Suicide bombers. pare for terrorist attacks. scribe the training, planning, personnel, and ‘‘(H) Cyber threats. ‘‘(c) MEMBERSHIP.— equipment that different types of commu- ‘‘(I) Any other threats based on proximity ‘‘(1) IN GENERAL.—The Task Force shall nities in the Nation should possess, or to to specific past acts of terrorism or the consist of 35 members appointed by the Sec- which they should have access, in order to known activity of any terrorist group. retary, and shall, to the extent practicable, meet the Department’s goals for terrorism The order in which the types of threat are represent a geographic and substantive cross preparedness based upon— listed in this paragraph shall not be con- section of governmental and nongovern- ‘‘(A) the most current risk assessment strued as an order of priority for consider- mental first responder disciplines from the available by the Directorate for Information ation of the importance of such threats. State and local levels, including as appro- Analysis and Infrastructure Protection of ‘‘(4) CONSIDERATION OF ADDITIONAL FAC- priate— the threats of terrorism against the United TORS.—In establishing essential capabilities ‘‘(A) members selected from the emergency States; under subsection (a)(1), the Secretary shall response field, including fire service and law ‘‘(B) the types of threats, vulnerabilities, take into account any other specific threat enforcement, hazardous materials response, geography, size, and other factors that the to a population (including a transient com- emergency medical services, and emergency Secretary has determined to be applicable to muting or tourist population) or critical in- management personnel (including public each different type of community; and frastructure sector that the Secretary has works personnel routinely engaged in emer- ‘‘(C) the principles of regional coordination determined to exist. gency response); and mutual aid among State and local gov- ‘‘SEC. 2004. TASK FORCE ON ESSENTIAL CAPA- ‘‘(B) health scientists, emergency and inpa- ernments. BILITIES. tient medical providers, and public health ‘‘(2) FLEXIBILITY.—The establishment of es- ‘‘(a) ESTABLISHMENT.—To assist the Sec- professionals, including experts in emer- sential capabilities shall be sufficiently retary in establishing essential capabilities gency health care response to chemical, bio- flexible to allow State and local government under section 2003(a)(1), the Secretary shall logical, radiological, and nuclear terrorism, officials to set priorities based on particular establish an advisory body pursuant to sec- and experts in providing mental health care needs, while reaching nationally determined tion 871(a) not later than 60 days after the during emergency response operations;

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00207 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5000 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 ‘‘(C) experts from Federal, State, and local ‘‘(G) Respiratory protection equipment. ‘‘(10) ASTM International; governments, and the private sector, rep- ‘‘(H) Interoperable communications, in- ‘‘(11) the International Safety Equipment resenting standards-setting organizations, cluding wireless and wireline voice, video, Association; including representation from the voluntary and data networks. ‘‘(12) the Emergency Management Accredi- consensus codes and standards development ‘‘(I) Explosive mitigation devices and ex- tation Program; community, particularly those with exper- plosive detection and analysis equipment. ‘‘(13) the National Domestic Preparedness tise in first responder disciplines; and ‘‘(J) Containment vessels. Consortium; and ‘‘(D) State and local officials with exper- ‘‘(K) Contaminant-resistant vehicles. ‘‘(14) to the extent the Secretary considers tise in terrorism preparedness, subject to the ‘‘(L) Such other equipment for which the appropriate, other national voluntary con- condition that if any such official is an elect- Secretary determines that national vol- sensus standards development organizations, ed official representing 1 of the 2 major po- untary consensus standards would be appro- other interested Federal, State, and local litical parties, an equal number of elected of- priate. agencies, and other interested persons. ficials shall be selected from each such ‘‘(b) TRAINING STANDARDS.— ‘‘(d) COORDINATION WITH SECRETARY OF party. ‘‘(1) IN GENERAL.—The Secretary, in con- HHS.—In establishing any national vol- ‘‘(2) COORDINATION WITH THE DEPARTMENT sultation with the Under Secretaries for untary consensus standards under this sec- OF HEALTH AND HUMAN SERVICES.—In the se- Emergency Preparedness and Response and tion for first responder equipment or train- lection of members of the Task Force who Science and Technology and the Director of ing that involve or relate to health profes- are health professionals, including emer- the Office of State and Local Government sionals, including emergency medical profes- gency medical professionals, the Secretary Coordination, shall support the development sionals, the Secretary shall coordinate ac- shall coordinate the selection with the Sec- of, promulgate, and regularly update as nec- tivities under this section with the Sec- retary of Health and Human Services. essary national voluntary consensus stand- retary of Health and Human Services.’’. ‘‘(3) EX OFFICIO MEMBERS.—The Secretary ards for first responder training carried out SEC. 203. EFFECTIVE ADMINISTRATION OF HOME- and the Secretary of Health and Human with amounts provided under covered grant LAND SECURITY GRANTS. Services shall each designate 1 or more offi- programs, that will enable State and local (a) USE OF GRANT FUNDS AND ACCOUNT- cers of their respective Departments to serve government first responders to achieve opti- ABILITY.—The Homeland Security Act of 2002 as ex officio members of the Task Force. One mal levels of terrorism preparedness as (Public Law 107–296; 6 U.S.C. 361 et seq.), as of the ex officio members from the Depart- quickly as practicable. Such standards shall amended by sections 201 and 202, is amended ment of Homeland Security shall be the des- give priority to providing training to— by adding at the end the following: ignated officer of the Federal Government ‘‘(A) enable first responders to prevent, ‘‘SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY for purposes of subsection (e) of section 10 of prepare for, respond to, and mitigate ter- REQUIREMENTS. the Federal Advisory Committee Act (5 App. rorist threats, including threats from chem- ‘‘(a) IN GENERAL.—A covered grant may be U.S.C.). ical, biological, nuclear, and radiological used for— ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY weapons and explosive devices capable of in- ‘‘(1) purchasing, upgrading, or maintaining COMMITTEE ACT.—Notwithstanding section flicting significant human casualties; and equipment, including computer software, to 871(a), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), ‘‘(B) familiarize first responders with the enhance terrorism preparedness and re- and (d) of section 10 of such Act, and section proper use of equipment, including software, sponse; 552b(c) of title 5, United States Code, shall developed pursuant to the standards estab- ‘‘(2) exercises to strengthen terrorism pre- apply to the Task Force. lished under subsection (a). paredness and response; ‘‘(2) REQUIRED CATEGORIES.—In carrying ‘‘(3) training for prevention (including de- ‘‘SEC. 2005. NATIONAL STANDARDS FOR FIRST RE- SPONDER EQUIPMENT AND TRAIN- out paragraph (1), the Secretary specifically tection) of, preparedness for, or response to ING. shall include the following categories of first attacks involving weapons of mass destruc- ‘‘(a) EQUIPMENT STANDARDS.— responder activities: tion, including training in the use of equip- ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(A) Regional planning. ment and computer software; sultation with the Under Secretaries for ‘‘(B) Joint exercises. ‘‘(4) developing or updating response plans; Emergency Preparedness and Response and ‘‘(C) Intelligence collection, analysis, and ‘‘(5) establishing or enhancing mechanisms Science and Technology and the Director of sharing. for sharing terrorism threat information; the Office of State and Local Government ‘‘(D) Emergency notification of affected ‘‘(6) systems architecture and engineering, Coordination, shall, not later than 6 months populations. program planning and management, strategy after the date of enactment of this section, ‘‘(E) Detection of biological, nuclear, radi- formulation and strategic planning, life- support the development of, promulgate, and ological, and chemical weapons of mass de- cycle systems design, product and tech- update as necessary national voluntary con- struction. nology evaluation, and prototype develop- sensus standards for the performance, use, ‘‘(F) Such other activities for which the ment for terrorism preparedness and re- and validation of first responder equipment Secretary determines that national vol- sponse purposes; for purposes of section 2002(e)(7). Such stand- untary consensus training standards would ‘‘(7) additional personnel costs resulting ards— be appropriate. from— ‘‘(A) shall be, to the maximum extent prac- ‘‘(3) CONSISTENCY.—In carrying out this ‘‘(A) elevations in the threat alert level of ticable, consistent with any existing vol- subsection, the Secretary shall ensure that the Homeland Security Advisory System by untary consensus standards; such training standards are consistent with the Secretary, or a similar elevation in ‘‘(B) shall take into account, as appro- the principles of emergency preparedness for threat alert level issued by a State, region, priate, new types of terrorism threats that all hazards. or local government with the approval of the may not have been contemplated when such ‘‘(c) CONSULTATION WITH STANDARDS ORGA- Secretary; existing standards were developed; NIZATIONS.—In establishing national vol- ‘‘(B) travel to and participation in exer- ‘‘(C) shall be focused on maximizing inter- untary consensus standards for first re- cises and training in the use of equipment operability, interchangeability, durability, sponder equipment and training under this and on prevention activities; flexibility, efficiency, efficacy, portability, section, the Secretary shall consult with rel- ‘‘(C) the temporary replacement of per- sustainability, and safety; and evant public and private sector groups, in- sonnel during any period of travel to and ‘‘(D) shall cover all appropriate uses of the cluding— participation in exercises and training in the equipment. ‘‘(1) the National Institute of Standards use of equipment and on prevention activi- ‘‘(2) REQUIRED CATEGORIES.—In carrying and Technology; ties; and out paragraph (1), the Secretary shall spe- ‘‘(2) the National Fire Protection Associa- ‘‘(D) participation in information, inves- cifically consider the following categories of tion; tigative, and intelligence-sharing activities first responder equipment: ‘‘(3) the National Association of County specifically related to terrorism prevention; ‘‘(A) Thermal imaging equipment. and City Health Officials; ‘‘(8) the costs of equipment (including soft- ‘‘(B) Radiation detection and analysis ‘‘(4) the Association of State and Terri- ware) required to receive, transmit, handle, equipment. torial Health Officials; and store classified information; ‘‘(C) Biological detection and analysis ‘‘(5) the American National Standards In- ‘‘(9) target hardening to reduce the vulner- equipment. stitute; ability of high-value targets, as determined ‘‘(D) Chemical detection and analysis ‘‘(6) the National Institute of Justice; by the Secretary; equipment. ‘‘(7) the Inter-Agency Board for Equipment ‘‘(10) protecting critical infrastructure ‘‘(E) Decontamination and sterilization Standardization and Interoperability; against potential attack by the addition of equipment. ‘‘(8) the National Public Health Perform- barriers, fences, gates, and other such de- ‘‘(F) Personal protective equipment, in- ance Standards Program; vices, except that the cost of such measures cluding garments, boots, gloves, and hoods, ‘‘(9) the National Institute for Occupa- may not exceed the greater of— and other protective clothing. tional Safety and Health; ‘‘(A) $1,000,000 per project; or

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‘‘(B) such greater amount as may be ap- part of funds provided as the covered grant ‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A proved by the Secretary, which may not ex- from uses specified in the grant agreement recipient of a covered grant may submit to ceed 10 percent of the total amount of the to other uses authorized under this section, the Secretary an annex to the annual report covered grant; if the Secretary determines that such trans- under paragraph (4) that is subject to appro- ‘‘(11) the costs of commercially available fer is in the interests of homeland security. priate handling restrictions, if the recipient interoperable communications equipment ‘‘(g) STATE, REGIONAL, AND TRIBAL RESPON- believes that discussion in the report of (which, where applicable, is based on na- SIBILITIES.— unmet needs would reveal sensitive but un- tional, voluntary consensus standards) that ‘‘(1) PASS-THROUGH.—The Secretary shall classified information. the Secretary, in consultation with the require a recipient of a covered grant that is ‘‘(6) PROVISION OF REPORTS.—The Secretary Chairman of the Federal Communications a State to obligate or otherwise make avail- shall ensure that each annual report under Commission, determines best suited to facili- able to local governments, first responders, paragraph (4) is provided to the Under Sec- tate interoperability, coordination, and inte- and other local groups, to the extent re- retary for Emergency Preparedness and Re- gration between and among emergency com- quired under the State homeland security sponse and the Director of the Office of State munications systems, and that complies plan or plans specified in the application for and Local Government Coordination. with prevailing grant guidance of the De- the grant, not less than 80 percent of the ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRA- partment for interoperable communications; grant funds, resources purchased with the TION OF HOMELAND SECURITY GRANTS.— ‘‘(12) educational curricula development grant funds having a value equal to at least ‘‘(1) PENALTIES FOR DELAY IN PASSING for first responders to ensure that they are 80 percent of the amount of the grant, or a THROUGH LOCAL SHARE.—If a recipient of a prepared for terrorist attacks; combination of funds and resources having covered grant that is a State fails to pass ‘‘(13) training and exercises to assist public value equal to at least 80 percent of the through to local governments, first respond- elementary and secondary schools in devel- amount of the grant, by not later than the ers, and other local groups funds or resources oping and implementing programs to in- end of the 45-day period beginning on the required by subsection (g)(1) within 45 days struct students regarding age-appropriate date the grant recipient receives the grant after receiving funds under the grant, the skills to prepare for and respond to an act of funds. Secretary may— ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU- terrorism; ‘‘(A) reduce grant payments to the grant TION OF GRANT FUNDS TO LOCAL GOVERN- ‘‘(14) paying of administrative expenses di- recipient from the portion of grant funds MENTS.—Any State that receives a covered rectly related to administration of the grant, that is not required to be passed through grant shall certify to the Secretary, by not except that such expenses may not exceed 3 under subsection (g)(1); later than 30 days after the expiration of the percent of the amount of the grant; and ‘‘(B) terminate payment of funds under the period described in paragraph (1) with re- ‘‘(15) other appropriate activities as deter- grant to the recipient, and transfer the ap- spect to the grant, that the State has made mined by the Secretary. propriate portion of those funds directly to available for expenditure by local govern- ‘‘(b) PROHIBITED USES.—Funds provided as local first responders that were intended to ments, first responders, and other local a covered grant may not be used— receive funding under that grant; or groups the required amount of grant funds ‘‘(1) to supplant State or local funds that under paragraph (1). ‘‘(C) impose additional restrictions or bur- have been obligated for a homeland security dens on the recipient’s use of funds under the ‘‘(3) QUARTERLY REPORT ON HOMELAND SECU- or other first responder-related project; grant, which may include— RITY SPENDING.—Each recipient of a covered ‘‘(2) to construct buildings or other phys- grant shall submit a quarterly report to the ‘‘(i) prohibiting use of such funds to pay ical facilities, except for— Secretary not later than 30 days after the the grant recipient’s grant-related overtime ‘‘(A) activities under section 611 of the end of each fiscal quarter. Each report shall or other expenses; Robert T. Stafford Disaster Relief and Emer- include, for each recipient of a covered grant ‘‘(ii) requiring the grant recipient to dis- gency Assistance Act (42 U.S.C. 5196); and or a pass-through under paragraph (1)— tribute to local government beneficiaries all ‘‘(B) upgrading facilities to protect ‘‘(A) the amount obligated to that recipi- or a portion of grant funds that are not re- against, test for, and treat the effects of bio- ent in that quarter; quired to be passed through under subsection logical agents, which shall be included in the ‘‘(B) the amount expended by that recipi- (g)(1); or homeland security plan approved by the Sec- ent in that quarter; and ‘‘(iii) for each day that the grant recipient retary under section 2002(c); ‘‘(C) a summary description of the items fails to pass through funds or resources in ‘‘(3) to acquire land; or purchased by such recipient with such accordance with subsection (g)(1), reducing ‘‘(4) for any State or local government amount. grant payments to the grant recipient from cost-sharing contribution. ‘‘(4) ANNUAL REPORT ON HOMELAND SECURITY the portion of grant funds that is not re- ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing SPENDING.—Each recipient of a covered grant quired to be passed through under subsection in this section shall be construed to preclude shall submit an annual report to the Sec- (g)(1), except that the total amount of such State and local governments from using cov- retary not later than 60 days after the end of reduction may not exceed 20 percent of the ered grant funds in a manner that also en- each fiscal year. Each recipient of a covered total amount of the grant. hances first responder preparedness for emer- grant that is a region shall simultaneously ‘‘(2) EXTENSION OF PERIOD.—The Governor gencies and disasters unrelated to acts of submit its report to each State of which any of a State may request in writing that the terrorism, if such use assists such govern- part is included in the region. Each recipient Secretary extend the 45-day period under ments in achieving essential capabilities for of a covered grant that is a directly eligible section 2002(e)(5)(E) or paragraph (1) of this terrorism preparedness established by the tribe shall simultaneously submit its report subsection for an additional 15-day period. Secretary under section 2003. to each State within the boundaries of which The Secretary may approve such a request, ‘‘(d) REIMBURSEMENT OF COSTS.—In addi- any part of such tribe is located. Each report and may extend such period for additional tion to the activities described in subsection shall include the following: 15-day periods, if the Secretary determines (a), a covered grant may be used to provide ‘‘(A) The amount, ultimate recipients, and that the resulting delay in providing grant a reasonable stipend to paid-on-call or volun- dates of receipt of all funds received under funding to the local government entities teer first responders who are not otherwise the grant during the previous fiscal year. that will receive funding under the grant compensated for travel to or participation in ‘‘(B) The amount and the dates of disburse- will not have a significant detrimental im- training covered by this section. Any such ments of all such funds expended in compli- pact on such entities’ terrorism preparedness reimbursement shall not be considered com- ance with paragraph (1) or pursuant to mu- efforts. pensation for purposes of rendering such a tual aid agreements or other sharing ar- ‘‘(3) PROVISION OF NON-LOCAL SHARE TO first responder an employee under the Fair rangements that apply within the State, re- LOCAL GOVERNMENT.— Labor Standards Act of 1938 (29 U.S.C. 201 et gion, or directly eligible tribe, as applicable, ‘‘(A) IN GENERAL.—The Secretary may upon seq.). during the previous fiscal year. request by a local government pay to the ‘‘(e) ASSISTANCE REQUIREMENT.—The Sec- ‘‘(C) How the funds were utilized by each local government a portion of the amount of retary may not request that equipment paid ultimate recipient or beneficiary during the a covered grant awarded to a State in which for, wholly or in part, with funds provided as preceding fiscal year. the local government is located, if— a covered grant be made available for re- ‘‘(D) The extent to which essential capa- ‘‘(i) the local government will use the sponding to emergencies in surrounding bilities identified in the applicable State amount paid to expedite planned enhance- States, regions, and localities, unless the homeland security plan or plans were ments to its terrorism preparedness as de- Secretary pays the costs directly attrib- achieved, maintained, or enhanced as the re- scribed in any applicable State homeland se- utable to transporting and operating such sult of the expenditure of grant funds during curity plan or plans; equipment during such response. the preceding fiscal year. ‘‘(ii) the State has failed to pass through ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SE- ‘‘(E) The extent to which essential capa- funds or resources in accordance with sub- CURITY GRANT FUNDS.—Upon request by the bilities identified in the applicable State section (g)(1); and recipient of a covered grant, the Secretary homeland security plan or plans remain ‘‘(iii) the local government complies with may authorize the grantee to transfer all or unmet. subparagraph (B).

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‘‘(B) SHOWING REQUIRED.—To receive a pay- (1) in paragraph (9), by striking ‘‘and’’ (2) FACTORS.—In conducting the study, the ment under this paragraph, a local govern- after the semicolon; Secretary shall analyze the volume of inter- ment must demonstrate that— (2) in paragraph (10), by striking the period national trade and economic significance of ‘‘(i) it is identified explicitly as an ulti- and inserting ‘‘; and’’; and each port. mate recipient or intended beneficiary in the (3) by adding at the end the following: (3) REPORT.—Not later than 90 days after approved grant application; ‘‘(11) coordinating industry efforts, with the enactment of the Act, the Secretary ‘‘(ii) it was intended by the grantee to re- respect to functions of the Department, to shall submit a report to Congress on the ceive a severable portion of the overall grant identify private sector resources and capa- study and shall include recommendations for for a specific purpose that is identified in the bilities that could be effective in using such factors in allocating grant funds grant application; supplementing Federal, State, and local gov- to ports. ‘‘(iii) it petitioned the grantee for the ernment agency efforts to prevent or respond (h) STUDY OF ALLOCATION OF ASSISTANCE TO funds or resources after expiration of the pe- to a terrorist attack.’’. FIREFIGHTER GRANTS.— riod within which the funds or resources (e) STUDY REGARDING NATIONWIDE EMER- (1) STUDY.—The Secretary shall conduct a were required to be passed through under GENCY NOTIFICATION SYSTEM.— study of the allocation of grant fund awards subsection (g)(1); and (1) STUDY.—The Secretary, in consultation made under the Assistance to Firefighter ‘‘(iv) it did not receive the portion of the with the heads of other appropriate Federal Grants program and shall analyze the dis- overall grant that was earmarked or des- agencies and representatives of providers and tribution of awards by State. ignated for its use or benefit. participants in the telecommunications in- (2) FACTORS.—In conducting the study, the ‘‘(C) EFFECT OF PAYMENT.—Payment of dustry, shall conduct a study to determine Secretary shall analyze the number of grant funds to a local government under this whether it is cost effective, efficient, and awards and the per capita amount of grant paragraph— feasible to establish and implement an emer- funds awarded to each State and the level of ‘‘(i) shall not affect any payment to an- gency telephonic alert notification system unmet firefighting equipment needs in each other local government under this para- that will— State. The study shall also analyze whether graph; and (A) alert persons in the United States of allowing local departments to submit more ‘‘(ii) shall not prejudice consideration of a imminent or current hazardous events than 1 annual application and expanding the request for payment under this paragraph caused by acts of terrorism; and list of eligible applicants for such grants to that is submitted by another local govern- (B) provide information to individuals re- include States will enhance the ability of ment. garding appropriate measures that may be State and local governments to respond to ‘‘(D) DEADLINE FOR ACTION BY SECRETARY.— undertaken to alleviate or minimize threats fires. The Secretary shall approve or disapprove to their safety and welfare posed by such (3) REPORT.—Not later than 90 days after each request for payment under this para- events. the date of enactment of the Act, the Sec- graph by not later than 15 days after the (2) TECHNOLOGIES TO CONSIDER.—In con- retary shall submit a report to Congress on date the request is received by the Depart- ducting the study under paragraph (1), the the study and shall include recommenda- ment. Secretary shall consider the use of the tele- tions for legislation amending the factors ‘‘(i) REPORTS TO CONGRESS.—The Secretary phone, wireless communications, and other used in allocating grant funds to insure that shall submit an annual report to Congress by existing communications networks to pro- critical firefighting needs are addressed by December 31 of each year— vide such notification. the program in all areas of the Nation. ‘‘(1) describing in detail the amount of Fed- (3) REPORT.—Not later than 9 months after SEC. 204. IMPLEMENTATION; DEFINITIONS; eral funds provided as covered grants that the date of enactment of this Act, the Sec- TABLE OF CONTENTS. were directed to each State, region, and di- retary shall submit to Congress a report re- (a) TECHNICAL AND CONFORMING AMEND- rectly eligible tribe in the preceding fiscal garding the conclusions of the study con- MENT.—Section 1014 of the USA PATRIOT year; ducted under paragraph (1). ACT (42 U.S.C. 3714) is amended— ‘‘(2) containing information on the use of (f) STUDY OF EXPANSION OF AREA OF JURIS- (1) by striking subsection (c)(3); such grant funds by grantees; and DICTION OF OFFICE OF NATIONAL CAPITAL RE- (2) by redesignating subsection (c) as sub- ‘‘(3) describing— GION COORDINATION.— section (d); and ‘‘(A) the Nation’s progress in achieving, (1) STUDY.—The Secretary, acting through (3) by inserting after subsection (b) the fol- maintaining, and enhancing the essential ca- the Director of the Office of National Capital lowing: pabilities established under section 2003(a) as Region Coordination, shall conduct a study ‘‘(c) ADMINISTRATION.—Grants under this a result of the expenditure of covered grant of the feasibility and desirability of modi- section shall be administered in accordance funds during the preceding fiscal year; and fying the definition of ‘‘National Capital Re- with title XX of the Homeland Security Act ‘‘(B) an estimate of the amount of expendi- gion’’ applicable under section 882 of the of 2002.’’. tures required to attain across the United Homeland Security Act of 2002 (6 U.S.C. 462) (b) TEMPORARY LIMITATIONS ON APPLICA- States the essential capabilities established to expand the geographic area under the ju- TION.— under section 2003(a).’’. risdiction of the Office of National Capital (1) 1-YEAR DELAY IN APPLICATION.—The fol- (b) SENSE OF CONGRESS REGARDING CITIZEN Region Coordination. lowing provisions of title XX of the Home- CORPS COUNCILS.— (2) FACTORS.—In conducting the study land Security Act of 2002, as added by this (1) FINDING.—Congress finds that Citizen under paragraph (1), the Secretary shall ana- Act, shall not apply during the 1-year period Corps councils help to enhance local citizen lyze whether expanding the geographic area beginning on the date of enactment of this participation in terrorism preparedness by under the jurisdiction of the Office of Na- Act— coordinating multiple Citizen Corps pro- tional Region Coordination will— (A) Subsections (b), (c), and (e)(4) (A) and grams, developing community action plans, (A) promote coordination among State and (B) of section 2002; and assessing possible threats, and identifying local governments within the Region, includ- (B) In section 2002(f)(3)(A)(i), the phrase local resources. ing regional governing bodies, and coordina- ‘‘by achieving, maintaining, or enhancing (2) SENSE OF CONGRESS.—It is the sense of tion of the efforts of first responders; and the essential capabilities of the applicants Congress that individual Citizen Corps coun- (B) enhance the ability of such State and on a nationwide basis,’’. cils should seek to enhance the preparedness local governments and the Federal Govern- (2) 2-YEAR DELAY IN APPLICATION.—The fol- and response capabilities of all organizations ment to prevent and respond to a terrorist lowing provisions of title XX of the Home- participating in the councils, including by attack within the Region. land Security Act of 2002, as added by this providing funding to as many of their par- (3) REPORT.—Not later than 6 months after Act, shall not apply during the 2-year period ticipating organizations as practicable to the date of the enactment of this Act, the beginning on the date of enactment of this promote local terrorism preparedness pro- Secretary shall submit a report to Congress Act— grams. on the study conducted under paragraph (1), (A) Subparagraphs (D) and (E) of section (c) REQUIRED COORDINATION.—The Sec- 2006(g)(4); and retary shall ensure that there is effective and shall include in the report such rec- (B) Section 2006(i)(3). and ongoing coordination of Federal efforts ommendations (including recommendations (c) DEFINITIONS.— to prevent, prepare for, and respond to acts for legislation to amend section 882 of the (1) TITLE XX.—Title XX of the Homeland of terrorism and other major disasters and Homeland Security Act of 2002 (6 U.S.C. 462)) emergencies among the divisions of the De- as the Secretary considers appropriate. Security Act of 2002, as amended by sections partment, including the Directorate of (g) STUDY OF RISK ALLOCATION FOR PORT 201, 202, and 203 is amended by adding at the Emergency Preparedness and Response and SECURITY GRANTS.— end the following: the Office for State and Local Government (1) STUDY.—The Secretary shall conduct a ‘‘SEC. 2007. DEFINITIONS. Coordination and Preparedness. study of the factors to be used for the alloca- ‘‘In this title: (d) COORDINATION OF INDUSTRY EFFORTS.— tion of funds based on risk for port security ‘‘(1) BOARD.—The term ‘Board’ means the Section 102(f) of the Homeland Security Act grants made under section 70107 of title 46, Homeland Security Grants Board established of 2002 (6 U.S.C. 112(f)) is amended— United States Code. under section 2002(f).

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‘‘(2) CONSEQUENCE.—The term ‘con- ernmental agencies, such as through a mu- On page 145, strike line 21 and insert the sequence’ means the assessment of the effect tual aid agreement. following: of a completed attack. ‘‘(11) RISK-BASED FUNDING.—The term ‘risk- SEC. 404. IDENTIFICATION DOCUMENTS. ‘‘(3) COVERED GRANT.—The term ‘covered based funding’ means the allocation of funds (a) MINIMUM DOCUMENT REQUIREMENTS.— grant’ means any grant to which this title based on an assessment of threat, vulner- Section 202(a)(1) of the REAL ID Act of 2005 applies under section 2001(b). ability, and consequence. (49 U.S.C. 30301 note) is amended by striking ‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘‘(12) TASK FORCE.—The term ‘Task Force’ ‘‘3 years after the date of the enactment of ‘directly eligible tribe’ means any Indian means the Task Force on Essential Capabili- this division’’ and inserting ‘‘2 years after tribe or consortium of Indian tribes that— ties established under section 2004. the promulgation of final regulations to im- ‘‘(A) meets the criteria for inclusion in the ‘‘(13) THREAT.—The term ‘threat’ means plement this section’’. qualified applicant pool for self-governance the assessment of the plans, intentions, and (b) AUTHORITY TO EXTEND COMPLIANCE that are set forth in section 402(c) of the In- capability of an adversary to implement an DEADLINES.—Section 205(b) of the REAL ID dian Self-Determination and Education As- identified attack scenario. Act of 2005 (49 U.S.C. 30301 note) is amended— sistance Act (25 U.S.C. 458bb(c)); ‘‘(14) VULNERABILITY.—The term ‘vulner- (1) by striking ‘‘The Secretary’’ and insert- ‘‘(B) employs at least 10 full-time per- ability’ means the degree to which a facility ing the following: sonnel in a law enforcement or emergency is available or accessible to an attack, in- ‘‘(1) IN GENERAL.—The Secretary’’; and response agency with the capacity to re- cluding the degree to which the facility is in- (2) by adding at the end the following: spond to calls for law enforcement or emer- herently secure or has been hardened against ‘‘(2) LACK OF VALIDATION SYSTEMS.—If the gency services; and such an attack.’’. Secretary determines that the Federal or ‘‘(C)(i) is located on, or within 5 miles of, (2) DEFINITION OF EMERGENCY RESPONSE State electronic systems required to verify an international border or waterway; PROVIDERS.—Paragraph (6) of section 2 of the the validity and completeness of documents ‘‘(ii) is located within 5 miles of a facility Homeland Security Act of 2002 (6 U.S.C. under section 202(c)(3) are not available to designated as high-risk critical infrastruc- 101(6)) is amended by striking ‘‘includes’’ and any State on the date described in section ture by the Secretary; all that follows and inserting ‘‘includes Fed- 202(a)(1), the requirements under section ‘‘(iii) is located within or contiguous to 1 eral, State, and local governmental and non- 202(c)(1) shall not apply to any State until of the 50 largest metropolitan statistical governmental emergency public safety, law adequate electronic validation systems are areas in the United States; or enforcement, fire, emergency response, available to all States.’’. ‘‘(iv) has more than 1,000 square miles of emergency medical (including hospital emer- (c) NEGOTIATED RULEMAKING.— Indian country, as that term is defined in gency facilities), and related personnel, orga- (1) NEGOTIATED RULEMAKING COMMITTEE.— section 1151 of title 18, United States Code. nizations, agencies, and authorities.’’. Not later than 30 days after the date of the ‘‘(5) ELEVATIONS IN THE THREAT ALERT (d) TABLE OF CONTENTS.—Section 1(b) of enactment of this Act, the Secretary shall LEVEL.—The term ‘elevations in the threat the Homeland Security Act of 2002 (6 U.S.C. reconvene the committee originally estab- alert level’ means any designation (including 101 note) is amended in the table of contents lished pursuant to section 7212(b)(4) of the 9/ those that are less than national in scope) by adding at the end the following: 11 Commission Implementation Act of 2004 that raises the homeland security threat (49 U.S.C. 30301 note), with the addition of level to either the highest or second-highest ‘‘TITLE XX—RISK-BASED FUNDING FOR any new interested parties, including experts threat level under the Homeland Security HOMELAND SECURITY in privacy protection, experts in civil lib- Advisory System referred to in section ‘‘Sec. 2001. Risk-Based funding for homeland erties and protection of constitutional 201(d)(7). security. rights, and experts in immigration law, to— ‘‘(6) EMERGENCY PREPAREDNESS.—The term ‘‘Sec. 2002. Covered grant eligibility and cri- (A) review the regulations proposed by the ‘emergency preparedness’ shall have the teria. Secretary to implement section 202 of the same meaning that term has under section ‘‘Sec. 2003. Essential capabilities for home- REAL ID Act of 2005 (49 U.S.C. 30301 note); 602 of the Robert T. Stafford Disaster Relief land security. (B) review the provisions of the REAL ID and Emergency Assistance Act (42 U.S.C. ‘‘Sec. 2004. Task Force on Essential Capa- Act of 2005; 5195a). bilities. (C) submit recommendations to the Sec- ‘‘(7) ESSENTIAL CAPABILITIES.—The term ‘‘Sec. 2005. National standards for first re- ‘essential capabilities’ means the levels, sponder equipment and train- retary regarding appropriate modifications availability, and competence of emergency ing. to such regulations; and personnel, planning, training, and equipment ‘‘Sec. 2006. Use of funds and accountability (D) submit recommendations to the Sec- across a variety of disciplines needed to ef- requirements. retary and Congress regarding appropriate fectively and efficiently prevent, prepare for, ‘‘Sec. 2007. Definitions.’’. modifications to the REAL ID Act of 2005. and respond to acts of terrorism consistent On page 116, line 8, strike ‘‘0.75 percent’’ (2) CRITERIA.—In conducting the review with established practices. and insert ‘‘0.25 percent’’. under paragraph (1)(A), the committee shall ‘‘(8) FIRST RESPONDER.—The term ‘first re- On page 116, line 13, strike ‘‘0.25 percent’’ consider, in addition to other factors at the sponder’ shall have the same meaning as the and insert ‘‘0.08 percent’’. discretion of the committee, modifications term ‘emergency response provider’ under On page 347, strike lines 19 through 22, and to the regulations to— section 2. insert the following: (A) minimize conflicts between State laws ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(1) result in distributions to public safety regarding driver’s license eligibility; means any Indian tribe, band, nation, or entities among the several States that en- (B) include procedures and requirements to other organized group or community, includ- sure that for each fiscal year— protect the Federal and State constitutional ing any Alaskan Native village or regional or ‘‘(A) no State receives less than an amount rights, civil liberties, and privacy rights of village corporation as defined in or estab- equal to 0.25 percent of the total funds appro- individuals who apply for and hold driver’s lished pursuant to the Alaskan Native priated for such grants; and licenses and personal identification cards; Claims Settlement Act (43 U.S.C. 1601 et ‘‘(B) American Samoa, the Commonwealth (C) protect the security of all personal in- seq.), which is recognized as eligible for the of the Northern Mariana Islands, Guam, and formation maintained in electronic form; special programs and services provided by the Virgin Islands each receive no less than (D) provide individuals with procedural and the United States to Indians because of their 0.08 percent of the amounts appropriated for substantive due process, including rules and status as Indians. such grants; and right of appeal, to challenge errors in data ‘‘(10) REGION.—The term ‘region’ means records contained within the databases cre- any geographic area— SA 277. Ms. COLLINS (for herself, Mr. ated to implement section 202 of the REAL ID Act of 2005; ‘‘(A) certified by the Secretary under sec- ALEXANDER, Mr. CARPER, Ms. SNOWE, tion 2002(a)(3); (E) ensure that private entities are not Ms. CANTWELL, Ms. MIKULSKI, Mr. ‘‘(B) consisting of all or parts of 2 or more permitted to scan the information contained counties, municipalities, or other local gov- CHAMBLISS, and Ms. MURKOWSKI) pro- on the face of a license, or in the machine ernments and including a city with a core posed an amendment to amendment SA readable component of the license, and re- population exceeding 500,000 according to the 275 proposed by Mr. REID (for himself, sell, share, or trade such information with most recent estimate available from the Mr. LIEBERMAN, and Ms. COLLINS) to third parties; United States Census; and the bill S. 4, to make the United States (F) provide a fair system of funding to ‘‘(C) that, for purposes of an application for more secure by implementing unfin- limit the costs of meeting the requirements a covered grant— ished recommendations of the 9/11 of section 202 of the REAL ID Act of 2005; ‘‘(i) is represented by 1 or more local gov- (G) facilitate the management of vital ernments or governmental agencies within Commission to fight the war on terror identity-proving records; and such geographic area; and more effectively, to improve homeland (H) improve the effectiveness and security ‘‘(ii) is established by law or by agreement security, and for other purposes; as fol- of Federal documents used to validate iden- of 2 or more such local governments or gov- lows: tification.

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(3) RULEMAKING.—To the extent that the risk under subsection (c)’’ and inserting ‘‘de- ‘‘(I) firearms (as defined in section 921(a)(3) final regulations to implement section 202 of termines under subsection (c) that the indi- of title 18 and section 5845(a) of the Internal the REAL ID Act of 2005 do not reflect the vidual poses a security risk’’; and Revenue Code of 1986); and modifications recommended by the com- (2) in subsection (c), by amending para- ‘‘(II) items contained on the United States mittee pursuant to paragraph (1)(C), the Sec- graph (1) to read as follows: Munitions Import List under section 447.21 of retary shall include, with such regulations in ‘‘(1) DISQUALIFICATIONS.— title 27, Code of Federal Regulations. the Federal Register, the reasons for reject- ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(ii) Extortion. ing such modifications. OFFENSES.—Except as provided under para- ‘‘(iii) Dishonesty, fraud, or misrepresenta- (4) REPORTS.—Not later than 120 days after graph (2), an individual is permanently dis- tion, including identity fraud and money reconvening under paragraph (1), the com- qualified from being issued a biometric laundering if the money laundering is re- mittee shall submit a report to the Com- transportation security card under sub- lated to a crime described in this subpara- mittee on Homeland Security and Govern- section (b) if the individual has been con- graph or subparagraph (A). In this clause, mental Affairs of the Senate and the Com- victed, or found not guilty by reason of in- welfare fraud and passing bad checks do not mittee on Homeland Security of the House of sanity, in a civilian or military jurisdiction constitute dishonesty, fraud, or misrepresen- Representatives that includes— of any of the following felonies: tation. (A) the list of recommended modifications ‘‘(i) Espionage or conspiracy to commit es- ‘‘(iv) Bribery. to the regulations that were submitted to pionage. ‘‘(v) Smuggling. the Secretary under paragraph (1)(C); and ‘‘(ii) Sedition or conspiracy to commit se- ‘‘(vi) Immigration violations. ‘‘(vii) Distribution of, possession with in- (B) a list of recommended amendments to dition. tent to distribute, or importation of a con- the Real ID Act of 2005 that would address ‘‘(iii) Treason or conspiracy to commit trolled substance. any concerns that could not be resolved by treason. ‘‘(viii) Arson. regulation. ‘‘(iv) A Federal crime of terrorism (as de- (d) ENHANCED DRIVER’S LICENSE.— ‘‘(ix) Kidnapping or hostage taking. fined in section 2332b(g) of title 18), a com- ‘‘(x) Rape or aggravated sexual abuse. parable State law, or conspiracy to commit SA 278. Mrs. CLINTON (for herself ‘‘(xi) Assault with intent to kill. such crime. ‘‘(xii) Robbery. and Mr. SCHUMER) submitted an ‘‘(v) A crime involving a transportation se- ‘‘(xiii) Conspiracy or attempt to commit amendment intended to be proposed to curity incident. any of the crimes listed in this subpara- amendment SA 275 proposed by Mr. ‘‘(vi) Improper transportation of a haz- graph. REID (for himself, Mr. LIEBERMAN, and ardous material under section 5124 of title 49, ‘‘(xiv) Fraudulent entry into a seaport Ms. COLLINS) to the bill S. 4, to make or a comparable State law. under section 1036 of title 18, or a comparable the United States more secure by im- ‘‘(vii) Unlawful possession, use, sale, dis- State law. plementing unfinished recommenda- tribution, manufacture, purchase, receipt, ‘‘(xv) A violation of the Racketeer Influ- transfer, shipping, transporting, import, ex- enced and Corrupt Organizations Act (18 tions of the 9/11 Commission to fight port, storage of, or dealing in an explosive or the war on terror more effectively, to U.S.C. 1961 et seq.) or a comparable State explosive device. In this clause, an explosive law, other than any of the violations listed improve homeland security, and for or explosive device includes— in subparagraph (A)(x). other purposes; which was ordered to ‘‘(I) an explosive (as defined in sections ‘‘(C) UNDER WANT WARRANT, OR INDICT- lie on the table; as follows: 232(5) and 844(j) of title 18); MENT.—An applicant who is wanted, or under At the appropriate place, insert the fol- ‘‘(II) explosive materials (as defined in sub- indictment, in any civilian or military juris- lowing: sections (c) through (f) of section 841 of title diction for a felony listed in this paragraph, SEC. lll. HEALTH CARE SCREENING, MONI- 18); and is disqualified from being issued a biometric TORING, AND TREATMENT FOR ‘‘(III) a destructive device (as defined in transportation security card under sub- EMERGENCY SERVICES PERSONNEL. 921(a)(4) of title 18 and section 5845(f) of the section (b) until the want or warrant is re- Of the unexpended balances made available Internal Revenue Code of 1986). leased or the indictment is dismissed. for the ‘‘Department of Labor, Employment ‘‘(viii) Murder. ‘‘(D) DETERMINATION OF ARREST STATUS.— Training Administration Training and Em- ‘‘(ix) Making any threat, or maliciously ‘‘(i) IN GENERAL.—If a fingerprint-based ployment Services’’ by the President on Sep- conveying false information knowing the check discloses an arrest for a disqualifying tember 21, 2001, under the authority of the same to be false, concerning the deliverance, crime listed in this section without indi- 2001 Emergency Supplemental Appropria- placement, or detonation of an explosive or cating a disposition, the Transportation Se- tions Act for Recovery from and Response to other lethal device in or against a place of curity Administration shall notify the appli- Terrorist Attacks on the United States (Pub- public use, a State or other government fa- cant of such disclosure and provide the appli- lic Law 107–38; 115 Stat. 220), $3,600,000 shall cility, a public transportation system, or an cant with instructions on how the applicant be transferred to the Centers for Disease infrastructure facility. can clear the disposition, in accordance with Control and Prevention and made available ‘‘(x) A violation of the Racketeer Influ- clause (ii). to provide health care screening, monitoring, enced and Corrupt Organizations Act (18 ‘‘(ii) BURDEN OF PROOF.—In order to clear a and treatment for emergency services, res- U.S.C. 1961 et seq.), or a comparable State disposition under this subparagraph, an ap- cue and recovery personnel responding to the law, if 1 of the predicate acts found by a jury plicant shall submit written proof to the attacks of September 11, 2001, under section or admitted by the defendant consists of 1 of Transportation Security Administration, not later than 60 days after receiving notifica- 5011(b) of the Emergency Supplemental Ap- the crimes listed in this subparagraph. tion under clause (i), that the arrest did not propriations Act to Address Hurricanes in ‘‘(xi) Attempt to commit any of the crimes result in conviction for the disqualifying the Gulf of Mexico and Pandemic Influenza, listed in clauses (i) through (iv). criminal offense. 2006 (Public Law 109–148; 119 Stat. 2814). ‘‘(xii) Conspiracy or attempt to commit ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— any of the crimes described in clauses (v) If the Transportation Security Administra- SA 279. Mr. DEMINT proposed an through (x). tion does not receive proof in accordance amendment to amendment SA 275 pro- ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- with the Transportation Security Adminis- posed by Mr. REID (for himself, Mr. LIE- FENSES.—Except as provided under paragraph tration’s procedures for waiver of criminal BERMAN, and Ms. COLLINS) to the bill S. (2), an individual is disqualified from being offenses and appeals, the Transportation Se- 4, to make the United States more se- issued a biometric transportation security curity Administration shall notify— cure by implementing unfinished rec- card under subsection (b) if the individual ‘‘(I) the applicant that he or she is dis- has been convicted, or found not guilty by ommendations of the 9/11 Commission qualified from being issued a biometric reason of insanity, during the 7-year period to fight the war on terror more effec- transportation security card under sub- ending on the date on which the individual section (b); tively, to improve homeland security, applies for such card, or was released from ‘‘(II) the State that the applicant is dis- and for other purposes; as follows: incarceration during the 5-year period end- qualified, in the case of a hazardous mate- At the appropriate place, insert the fol- ing on the date on which the individual ap- rials endorsement; and lowing: plies for such card, of any of the following ‘‘(III) the Coast Guard that the applicant is SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- felonies: disqualified, if the applicant is a mariner. PORTATION SECURITY CARDS TO ‘‘(i) Unlawful possession, use, sale, manu- ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— CONVICTED FELONS. facture, purchase, distribution, receipt, Except as provided under subparagraphs (A) (a) IN GENERAL.—Section 70105 of title 46, transfer, shipping, transporting, delivery, through (C), an individual may not be denied United States Code, is amended— import, export of, or dealing in a firearm or a transportation security card under sub- (1) in subsection (b)(1), by striking ‘‘de- other weapon. In this clause, a firearm or section (b) unless the Secretary determines cides that the individual poses a security other weapon includes— that individual—

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00212 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 5005 ‘‘(i) has been convicted within the pre- metropolitan statistical area, as defined by rural departments charged with patrolling ceding 7-year period of a felony or found not the Office of Management and Budget. large areas of land. Counties along the guilty by reason of insanity of a felony— (d) AUTHORIZATION OF APPROPRIATIONS.— Southwest United States-Mexico border are ‘‘(I) that the Secretary believes could There are authorized to be appropriated to some of the poorest in the country and lack cause the individual to be a terrorism secu- carry out this section (including for con- the financial resources to cover the addi- rity risk to the United States; or tracts, staff, and equipment)— tional costs associated with illegal immigra- ‘‘(II) for causing a severe transportation (1) $10,000,000 for fiscal year 2008; and tion, drug trafficking, and other border-re- security incident; (2) $5,000,000 for each of fiscal years 2009 lated crimes. ‘‘(ii) has been released from incarceration through 2013. (8) Federal assistance is required to help within the preceding 5-year period for com- local law enforcement operating along the mitting a felony described in clause (i); SA 281. Mr. BINGAMAN (for himself border address the unique challenges that ‘‘(iii) may be denied admission to the and Mr. DOMENICI) submitted an arise as a result of their proximity to an United States or removed from the United amendment intended to be proposed to international border and the lack of overall States under the Immigration and Nation- amendment SA 275 proposed by Mr. border security in the region. SEC. ll03. BORDER RELIEF GRANT PROGRAM. ality Act (8 U.S.C. 1101 et seq.); or REID (for himself, Mr. LIEBERMAN, and ‘‘(iv) otherwise poses a terrorism security (a) GRANTS AUTHORIZED.— Ms. COLLINS) to the bill S. 4, to make risk to the United States.’’. (1) IN GENERAL.—The Secretary is author- (b) CONFORMING AMENDMENT.—Section the United States more secure by im- ized to award grants, subject to the avail- 70101 of title 49, United States Code, is plementing unfinished recommenda- ability of appropriations, to an eligible law amended— tions of the 9/11 Commission to fight enforcement agency to provide assistance to (1) by redesignating paragraphs (2) through the war on terror more effectively, to such agency to address— (6) as paragraphs (3) through (7); and improve homeland security, and for (A) criminal activity that occurs in the ju- (2) by inserting after paragraph (1) the fol- other purposes; as follows: risdiction of such agency by virtue of such lowing: agency’s proximity to the United States bor- At the appropriate place, insert the fol- ‘‘(2) The term ‘economic disruption’ does der; and lowing: not include a work stoppage or other em- (B) the impact of any lack of security ployee-related action not related to ter- TITLE ll—BORDER LAW ENFORCEMENT along the United States border. rorism and resulting from an employer-em- RELIEF ACT (2) DURATION.—Grants may be awarded ployee dispute.’’. SEC. ll01. SHORT TITLE. under this subsection during fiscal years 2007 This title may be cited as the ‘‘Border Law through 2011. SA 280. Mr. SALAZAR (for himself, Enforcement Relief Act of 2007’’. (3) COMPETITIVE BASIS.—The Secretary shall award grants under this subsection on Mr. CHAMBLISS, Mr. ISAKSON, and Mr. SEC. ll02. FINDINGS. Congress finds the following: a competitive basis, except that the Sec- PRYOR) submitted an amendment in- retary shall give priority to applications tended to be proposed to amendment (1) It is the obligation of the Federal Gov- ernment of the United States to adequately from any eligible law enforcement agency SA 275 proposed by Mr. REID (for him- secure the Nation’s borders and prevent the serving a community— self, Mr. LIEBERMAN, and Ms. COLLINS) flow of undocumented persons and illegal (A) with a population of less than 50,000; to the bill S. 4, to make the United drugs into the United States. and States more secure by implementing (2) Despite the fact that the United States (B) located no more than 100 miles from a unfinished recommendations of the 9/11 Border Patrol apprehends over 1,000,000 peo- United States border with— Commission to fight the war on terror ple each year trying to illegally enter the (i) Canada; or (ii) Mexico. United States, according to the Congres- more effectively, to improve homeland (b) USE OF FUNDS.—Grants awarded pursu- security, and for other purposes; which sional Research Service, the net growth in ant to subsection (a) may only be used to was ordered to lie on the table; as fol- the number of unauthorized aliens has in- provide additional resources for an eligible creased by approximately 500,000 each year. lows: law enforcement agency to address criminal The Southwest border accounts for approxi- activity occurring along any such border, in- At the appropriate place, insert the fol- mately 94 percent of all migrant apprehen- cluding— lowing: sions each year. Currently, there are an esti- (1) to obtain equipment; SEC. ll. RURAL POLICING INSTITUTE. mated 11,000,000 unauthorized aliens in the (2) to hire additional personnel; (a) IN GENERAL.—There is established a United States. (3) to upgrade and maintain law enforce- Rural Policing Institute, which shall be ad- (3) The border region is also a major cor- ment technology; ministered by the Office of State and Local ridor for the shipment of drugs. According to (4) to cover operational costs, including Training of the Federal Law Enforcement the El Paso Intelligence Center, 65 percent of overtime and transportation costs; and Training Center (based in Glynco, Georgia), the narcotics that are sold in the markets of (5) such other resources as are available to to— the United States enter the country through assist that agency. (1) evaluate the needs of law enforcement the Southwest Border. (c) APPLICATION.— agencies of units of local government and (4) Border communities continue to incur (1) IN GENERAL.—Each eligible law enforce- tribal governments located in rural areas; significant costs due to the lack of adequate ment agency seeking a grant under this sec- (2) develop expert training programs de- border security. A 2001 study by the United tion shall submit an application to the Sec- signed to address the needs of rural law en- States-Mexico Border Counties Coalition retary at such time, in such manner, and ac- forcement agencies regarding combating found that law enforcement and criminal companied by such information as the Sec- methamphetamine addiction and distribu- justice expenses associated with illegal im- retary may reasonably require. tion, domestic violence, law enforcement re- migration exceed $89,000,000 annually for the (2) CONTENTS.—Each application submitted sponse related to school shootings, and other Southwest border counties. pursuant to paragraph (1) shall— topics identified in the evaluation conducted (5) In August 2005, the States of New Mex- (A) describe the activities for which assist- under paragraph (1); ico and Arizona declared states of emergency ance under this section is sought; and (3) provide the training programs described in order to provide local law enforcement (B) provide such additional assurances as in paragraph (2) to law enforcement agencies immediate assistance in addressing criminal the Secretary determines to be essential to of units of local government and tribal gov- activity along the Southwest border. ensure compliance with the requirements of ernments located in rural areas; and (6) While the Federal Government provides this section. (4) conduct outreach efforts to ensure that States and localities assistance in covering (d) DEFINITIONS.—For the purposes of this training programs under the Rural Policing costs related to the detention of certain section: Institute reach law enforcement officers of criminal aliens and the prosecution of Fed- (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— units of local government and tribal govern- eral drug cases, local law enforcement along The term ‘‘eligible law enforcement agency’’ ments located in rural areas. the border are provided no assistance in cov- means a tribal, State, or local law enforce- (b) CURRICULA.—The training at the Rural ering such expenses and must use their lim- ment agency— Policing Institute established under sub- ited resources to combat drug trafficking, (A) located in a county no more than 100 section (a) shall be configured in a manner so human smuggling, kidnappings, the destruc- miles from a United States border with— as to not duplicate or displace any law en- tion of private property, and other border-re- (i) Canada; or forcement program of the Federal Law En- lated crimes. (ii) Mexico; or forcement Training Center in existence on (7) The United States shares 5,525 miles of (B) located in a county more than 100 miles the date of enactment of this Act. border with Canada and 1,989 miles with from any such border, but where such county (c) DEFINITION.—In this section, the term Mexico. Many of the local law enforcement has been certified by the Secretary as a High ‘‘rural’’ means area that is not located in a agencies located along the border are small, Impact Area.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00213 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5006 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007

(2) HIGH IMPACT AREA.—The term ‘‘High On page 151, line 16, strike ‘‘information’’ (C) $500,000,000 for each of the fiscal years Impact Area’’ means any county designated and insert ‘‘information use, collection, stor- 2008 through 2012 for the Law Enforcement by the Secretary as such, taking into consid- age, disclosure, and’’. Terrorism Prevention Grant Program. eration— (2) AUTHORIZATION OF APPROPRIATIONS FOR (A) whether local law enforcement agen- SA 284. Mr. REID (for Mr. BIDEN) sub- RESPONDING TO TERRORIST ATTACKS AND NAT- cies in that county have the resources to mitted an amendment intended to be URAL DISASTERS.—There are authorized to be protect the lives, property, safety, or welfare appropriated from the Trust Fund— of the residents of that county; proposed to amendment SA 275 pro- (A) $500,000,000 for each of fiscal years 2008 (B) the relationship between any lack of posed by Mr. REID (for himself, Mr. LIE- through 2012 for the Federal Emergency security along the United States border and BERMAN, and Ms. COLLINS) to the bill S. Management Agency for Fire Act Grants; the rise, if any, of criminal activity in that 4, to make the United States more se- and county; and cure by implementing unfinished rec- (B) $500,000,000 for each of fiscal years 2008 (C) any other unique challenges that local ommendations of the 9/11 Commission through 2012 for the Federal Emergency law enforcement face due to a lack of secu- to fight the war on terror more effec- Management Agency for SAFER Grants. (d) AUTHORIZATION OF APPROPRIATIONS FOR rity along the United States border. tively, to improve homeland security, (3) SECRETARY.—The term ‘‘Secretary’’ ADDITIONAL ACTIVITIES FOR HOMELAND SECU- means the Secretary of the Department of and for other purposes; which was or- RITY.—There are authorized to be appro- Homeland Security. dered to lie on the table; as follows: priated from the Trust Fund such sums as (e) AUTHORIZATION OF APPROPRIATIONS.— At the end, add the following: necessary for— (1) IN GENERAL.—There are authorized to be (1) the implementation of all the rec- SEC. 1505. HOMELAND SECURITY TRUST FUND. appropriated $50,000,000 for each of fiscal ommendations of the Commission, including years 2007 through 2011 to carry out the pro- (a) DEFINITIONS.—In this section: the provisions of this section; visions of this section. (1) TRUST FUND.—The term ‘‘Trust Fund’’ (2) fully funding the grant programs au- (2) DIVISION OF AUTHORIZED FUNDS.—Of the means the Homeland Security and Neighbor- thorized under this section and any grant amounts authorized under paragraph (1)— hood Safety Trust Fund established under program administered by the Department; (A) 2⁄3 shall be set aside for eligible law en- subsection (b). (3) improving airline passenger screening forcement agencies located in the 6 States (2) COMMISSION.—The term ‘‘Commission’’ and cargo scanning; with the largest number of undocumented means the National Commission on Terrorist (4) improving information sharing and alien apprehensions; and Attacks upon the United States, established communications interoperability; (B) 1⁄3 shall be set aside for areas des- under title VI of the Intelligence Authoriza- (5) supporting State and local government ignated as a High Impact Area under sub- tion Act for Fiscal Year 2003 (Public Law law enforcement and first responders, includ- section (d). 107–306; 6 U.S.C. 101 note). ing enhancing communications interoper- (f) SUPPLEMENT NOT SUPPLANT.—Amounts (b) HOMELAND SECURITY AND NEIGHBORHOOD ability and information sharing; appropriated for grants under this section SAFETY TRUST FUND.— (6) ensuring the inspection and scanning of shall be used to supplement and not supplant (1) ESTABLISHMENT OF TRUST FUND.—There 100 percent of cargo containers destined for other State and local public funds obligated is established in the Treasury of the United ports in the United States and to ensure for the purposes provided under this title. States a trust fund to be known as the scanning of domestic air cargo; SEC. ll04. ENFORCEMENT OF FEDERAL IMMI- ‘‘Homeland Security and Neighborhood Safe- (7) protecting critical infrastructure and GRATION LAW. ty Trust Fund’’, consisting of such amounts other high threat targets such as passenger Nothing in this title shall be construed to as may be appropriated or credited to the rail, freight rail, and transit systems, chem- authorize State or local law enforcement Trust Fund. ical and nuclear plants; agencies or their officers to exercise Federal (2) RULES REGARDING TRANSFERS TO AND (8) enhancing the preparedness of the pub- immigration law enforcement authority. MANAGEMENT OF TRUST FUND.—For purposes lic health sector to prevent and respond to of this section, rules similar to the rules of acts of biological and nuclear terrorism; SA 282. Mr. BINGAMAN submitted an sections 9601 and 9602 of the Internal Rev- (9) the development of scanning tech- amendment intended to be proposed to enue Code of 1986 shall apply. nologies to detect dangerous substances at amendment SA 275 proposed by Mr. (3) DISTRIBUTION OF AMOUNTS IN TRUST United States ports of entry; and FUND.—Amounts in the Trust Fund shall be (10) other high risk targets of interest, in- REID (for himself, Mr. LIEBERMAN, and available, as provided by appropriation Acts, cluding nonprofit organizations and in the Ms. COLLINS) to the bill S. 4, to make for making expenditures for fiscal years 2008 private sector. the United States more secure by im- through 2012 to meet those obligations of the plementing unfinished recommenda- United States incurred which are authorized SA 285. Mr. INOUYE (for himself, Mr. tions of the 9/11 Commission to fight under subsection (d) for such fiscal years. STEVENS, Mr. LIEBERMAN, and Mrs. the war on terror more effectively, to (4) SENSE OF THE SENATE.—It is the sense of MURRAY) proposed an amendment to improve homeland security, and for the Senate that the Committee on Finance amendment SA 275 proposed by Mr. other purposes; which was ordered to of the Senate should report to the Senate REID (for himself, Mr. LIEBERMAN, and not later than 30 days after the date of the lie on the table; as follows: Ms. COLLINS) to the bill S. 4, to make enactment of this Act legislation which— the United States more secure by im- On page 68, strike lines 22 through 25 and (A) increases revenues to the Treasury in insert the following: the amount of $53,300,000,000 during taxable plementing unfinished recommenda- ‘‘(I) the extent to which the State has years 2008 through 2012 by reducing sched- tions of the 9/11 Commission to fight unmet target capabilities; uled and existing income tax reductions en- the war on terror more effectively, to ‘‘(J) the presence or transportation in the acted since taxable year 2001 with respect to improve homeland security, and for State of special nuclear material or trans- the taxable incomes of taxpayers in excess of other purposes; which was ordered to uranic waste (as those terms are defined in $1,000,000, and lie on the table; as follows: section 11 of the Atomic Energy Act of 1954 (B) appropriates an amount equal to such (42 U.S.C. 2014)) or waste derived from special At the appropriate place, insert the fol- revenues to the Homeland Security and lowing: nuclear material or transuranic waste; and Neighborhood Safety Trust Fund. ‘‘(K) such other factors as are specified in SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- (c) PREVENTING TERROR ATTACKS ON THE PORTATION SECURITY CARDS TO writing by the Administrator; HOMELAND.— CONVICTED FELONS. (1) AUTHORIZATION OF APPROPRIATIONS FOR (a) IN GENERAL.—Section 70105 of title 46, SA 283. Mr. BINGAMAN submitted an SUPPORTING LAW ENFORCEMENT.—There are United States Code, is amended— amendment intended to be proposed to authorized to be appropriated from the Trust (1) in subsection (b)(1), by striking ‘‘de- amendment SA 275 proposed by Mr. Fund— cides that the individual poses a security REID (for himself, Mr. LIEBERMAN, and (A) $1,150,000,000 for each of the fiscal years risk under subsection (c)’’ and inserting ‘‘de- Ms. COLLINS) to the bill S. 4, to make 2008 through 2012 for the Office of Commu- termines under subsection (c) that the indi- the United States more secure by im- nity Oriented Policing Services for grants to vidual poses a security risk’’; and plementing unfinished recommenda- State, local, and tribal law enforcement to (2) in subsection (c), by amending para- tions of the 9/11 Commission to fight hire officers, purchase technology, conduct graph (1) to read as follows: training, and to develop local counterter- ‘‘(1) DISQUALIFICATIONS.— the war on terror more effectively, to rorism units; ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL improve homeland security, and for (B) $900,000,000 for each of the fiscal years OFFENSES.—Except as provided under para- other purposes; which was ordered to 2008 through 2012 for the Justice Assistance graph (2), an individual is permanently dis- lie on the table; as follows: Grant; and qualified from being issued a biometric

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00214 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 5007 transportation security card under sub- lated to a crime described in this subpara- ‘‘(ii) has been released from incarcer- section (b) if the individual has been con- graph or subparagraph (A). In this clause, ation within the preceding 5-year period for victed, or found not guilty by reason of in- welfare fraud and passing bad checks do not committing a felony described in clause (i); sanity, in a civilian or military jurisdiction constitute dishonesty, fraud, or misrepresen- ‘‘(iii) may be denied admission to the of any of the following felonies: tation. United States or removed from the United ‘‘(i) Espionage or conspiracy to commit ‘‘(iv) Bribery. States under the Immigration and Nation- espionage. ‘‘(v) Smuggling. ality Act (8 U.S.C. 1101 et seq.); or ‘‘(ii) Sedition or conspiracy to commit ‘‘(vi) Immigration violations. ‘‘(iv) otherwise poses a terrorism secu- sedition. ‘‘(vii) Distribution of, possession with in- rity risk to the United States.’’. ‘‘(iii) Treason or conspiracy to commit tent to distribute, or importation of a con- ‘‘(F) MODIFICATION OF LISTED OFFENSES.— treason. trolled substance. The Secretary may by rulemaking, add or ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(viii) Arson. modify the offenses described in paragraph fined in section 2332b(g) of title 18), a com- ‘‘(ix) Kidnapping or hostage taking. (1)(A) or (B).’’. parable State law, or conspiracy to commit ‘‘(x) Rape or aggravated sexual abuse. (b) CONFORMING AMENDMENT.—Section such crime. ‘‘(xi) Assault with intent to kill. 70101 of title 49, United States Code, is ‘‘(v) A crime involving a transportation ‘‘(xii) Robbery. amended— security incident. ‘‘(xiii) Conspiracy or attempt to commit (1) by redesignating paragraphs (2) ‘‘(vi) Improper transportation of a haz- any of the crimes listed in this subpara- through (6) as paragraphs (3) through (7); and ardous material under section 5124 of title 49, graph. (2) by inserting after paragraph (1) the or a comparable State law. ‘‘(xiv) Fraudulent entry into a seaport following: ‘‘(vii) Unlawful possession, use, sale, dis- under section 1036 of title 18, or a comparable ‘‘(2) The term ‘economic disruption’ does tribution, manufacture, purchase, receipt, State law. not include a work stoppage or other em- transfer, shipping, transporting, import, ex- ‘‘(xv) A violation of the Racketeer Influ- ployee-related action not related to ter- port, storage of, or dealing in an explosive or enced and Corrupt Organizations Act (18 rorism and resulting from an employer-em- explosive device. In this clause, an explosive U.S.C. 1961 et seq.) or a comparable State ployee dispute.’’. or explosive device includes— law, other than any of the violations listed ‘‘(I) an explosive (as defined in sections in subparagraph (A)(x). SA 286. Mr. SPECTER (for himself, 232(5) and 844(j) of title 18); ‘‘(C) UNDER WANT WARRANT, OR INDICT- Mr. LEAHY, and Mr. DODD) submitted ‘‘(II) explosive materials (as defined in MENT.—An applicant who is wanted, or under an amendment intended to be proposed subsections (c) through (f) of section 841 of indictment, in any civilian or military juris- by him to the bill S. 4, to make the title 18); and diction for a felony listed in this paragraph, United States more secure by imple- ‘‘(III) a destructive device (as defined in is disqualified from being issued a biometric menting unfinished recommendations 921(a)(4) of title 18 and section 5845(f) of the transportation security card under sub- Internal Revenue Code of 1986). section (b) until the want or warrant is re- of the 9/11 Commission to fight the war ‘‘(viii) Murder. leased or the indictment is dismissed. on terror more effectively, to improve ‘‘(ix) Making any threat, or maliciously ‘‘(D) DETERMINATION OF ARREST STATUS.— homeland security, and for other pur- conveying false information knowing the ‘‘(i) IN GENERAL.—If a fingerprint-based poses; which was ordered to lie on the same to be false, concerning the deliverance, check discloses an arrest for a disqualifying table; as follows: placement, or detonation of an explosive or crime listed in this section without indi- At the appropriate place, insert the fol- other lethal device in or against a place of cating a disposition, the Transportation Se- lowing: public use, a State or other government fa- curity Administration shall notify the appli- SEC. ll. RESTORATION OF HABEAS CORPUS cility, a public transportation system, or an cant of such disclosure and provide the appli- FOR THOSE DETAINED BY THE infrastructure facility. cant with instructions on how the applicant UNITED STATES. ‘‘(x) A violation of the Racketeer Influ- can clear the disposition, in accordance with (a) IN GENERAL.—Section 2241 of title 28, enced and Corrupt Organizations Act (18 clause (ii). United States Code, is amended by striking U.S.C. 1961 et seq.), or a comparable State ‘‘(ii) BURDEN OF PROOF.—In order to clear subsection (e). law, if 1 of the predicate acts found by a jury a disposition under this subparagraph, an ap- (b) TITLE 10.—Section 950j of title 10, or admitted by the defendant consists of 1 of plicant shall submit written proof to the United States Code, is amended by striking the crimes listed in this subparagraph. Transportation Security Administration, not subsection (b) and inserting the following: ‘‘(xi) Attempt to commit any of the later than 60 days after receiving notifica- ‘‘(b) LIMITED REVIEW OF MILITARY COMMIS- crimes listed in clauses (i) through (iv). tion under clause (i), that the arrest did not SION PROCEDURES AND ACTIONS.—Except as ‘‘(xii) Conspiracy or attempt to commit result in conviction for the disqualifying otherwise provided in this chapter or in sec- any of the crimes described in clauses (v) criminal offense. tion 2241 of title 28 or any other habeas cor- through (x). ‘‘(iii) NOTIFICATION OF DISQUALIFICA- pus provision, and notwithstanding any ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- TION.—If the Transportation Security Ad- other provision of law, no court, justice, or FENSES.—Except as provided under paragraph ministration does not receive proof in ac- judge shall have jurisdiction to hear or con- (2), an individual is disqualified from being cordance with the Transportation Security sider any claim or cause of action whatso- issued a biometric transportation security Administration’s procedures for waiver of ever, including any action pending on or card under subsection (b) if the individual criminal offenses and appeals, the Transpor- filed after the date of the enactment of the has been convicted, or found not guilty by tation Security Administration shall no- Military Commissions Act of 2006, relating to reason of insanity, during the 7-year period tify— the prosecution, trial, or judgment of a mili- ending on the date on which the individual ‘‘(I) the applicant that he or she is dis- tary commission under this chapter, includ- applies for such card, or was released from qualified from being issued a biometric ing challenges to the lawfulness of proce- incarceration during the 5-year period end- transportation security card under sub- dures of military commissions under this ing on the date on which the individual ap- section (b); chapter.’’. plies for such card, of any of the following ‘‘(II) the State that the applicant is dis- (c) EFFECTIVE DATE AND APPLICABILITY.— felonies: qualified, in the case of a hazardous mate- The amendments made by this section ‘‘(i) Unlawful possession, use, sale, manu- rials endorsement; and shall— facture, purchase, distribution, receipt, ‘‘(III) the Coast Guard that the applicant (1) take effect on the date of the enactment transfer, shipping, transporting, delivery, is disqualified, if the applicant is a mariner. of this Act; and import, export of, or dealing in a firearm or ‘‘(E) OTHER POTENTIAL DISQUALIFICA- (2) apply to any case that is pending on or other weapon. In this clause, a firearm or TIONS.—Except as provided under subpara- after the date of enactment of this Act. other weapon includes— graphs (A) through (C), an individual may ‘‘(I) firearms (as defined in section not be denied a transportation security card SA 287. Mr. ALLARD submitted an 921(a)(3) of title 18 and section 5845(a) of the under subsection (b) unless the Secretary de- amendment intended to be proposed by Internal Revenue Code of 1986); and termines that individual— him to the bill S. 4, to make the United ‘‘(II) items contained on the United ‘‘(i) has been convicted within the pre- States more secure by implementing States Munitions Import List under section ceding 7-year period of a felony or found not unfinished recommendations of the 9/11 447.21 of title 27, Code of Federal Regula- guilty by reason of insanity of a felony— Commission to fight the war on terror tions. ‘‘(I) that the Secretary believes could ‘‘(ii) Extortion. cause the individual to be a terrorism secu- more effectively, to improve homeland ‘‘(iii) Dishonesty, fraud, or misrepresen- rity risk to the United States; or security, and for other purposes; which tation, including identity fraud and money ‘‘(II) for causing a severe transportation was ordered to lie on the table; as fol- laundering if the money laundering is re- security incident; lows:

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00215 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5008 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 At the appropriate place, insert the fol- ulate additional private-sector invest- The PRESIDING OFFICER. Without lowing: ment in the deployment of these tech- objection, it is so ordered. SEC. ll. CABLE CARRIAGE OF TELEVISON nologies. COMMITTEE ON THE JUDICIARY BROADCAST SIGNALS. Because of the limited time available Part I of title III of the Communications Mr. LIEBERMAN. Mr. President, I Act of 1934 (47 U.S.C. 301 et seq.) is amended for the hearing, witnesses may testify ask unanimous consent that the Com- by adding at the end the following: by invitation only. However, those mittee on the Judiciary be authorized ‘‘SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN wishing to submit written testimony to conduct a hearing on ‘‘Comprehen- TELEVISION MARKET AREAS. for the hearing record should send two sive Immigration Reform’’ on Wednes- ‘‘(a) IN GENERAL.—Notwithstanding any copies of their testimony to the Com- day, February 28, 2007 at 10 a.m. in other provision of law, each cable operator mittee on Energy and Natural Re- Hart Senate Office Building Room 216. providing service in an eligible area may sources, United States Senate, Wash- elect to carry the primary signal of any net- Witness List: The Honorable Carlos ington, DC 20510–6150. M. Gutierrez, Secretary, U.S. Depart- work station located in the capital of the For further information, please con- State in which such area is located. ment of Commerce, Washington, DC; ‘‘(b) DEFINITIONS.—As used in this section: tact Michael Carr at 202–224–8164 or Ra- The Honorable Michael Chertoff, Sec- ‘‘(1) ELIGIBLE AREA.—The term ‘eligible chel Pasternack at 202–224–0883. retary, U.S. Department of Homeland area’ means 1 of 2 counties that— f Security, Washington, DC. ‘‘(A) are all in a single State; AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without ‘‘(B) on the date of enactment of this sec- objection, it is so ordered. tion, were each located in— MEET COMMITTEE ON RULES AND ADMINISTRATION ‘‘(i) the 46th largest designated market COMMITTEE ON BANKING, HOUSING, AND URBAN area for the year 2005 according to Nielsen AFFAIRS Mr. LIEBERMAN. Mr. President, I Media Research; and Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the Com- ‘‘(ii) a designated market area comprised mittee on Rules and Administration be principally of counties located in another ask unanimous consent that the Com- mittee on Banking, Housing, and authorized to meet during the session State; and of the Senate on Wednesday, February ‘‘(C) as a group had a total number of tele- Urban Affairs be authorized to meet vision households that when combined did during the session of the Senate on 28, 2007, at 9:30 a.m., to conduct a not exceed 30,000 for the year 2005 according Wednesday, February 28, 2007, at 10:30 markup on the Omnibus Budget for to Nielsen Media Research. a.m. to conduct a hearing on ‘‘Exam- Senate Committees. ‘‘(2) NETWORK STATION.—The term ‘network ining the Terrorism Risk Insurance The PRESIDING OFFICER. Without station’ has the same meaning as in section Program.’’ objection, it is so ordered. 119(d) of title 17, United States Code.’’. The PRESIDING OFFICER. Without COMMITTEE ON SMALL BUSINESS AND SEC. ll. SATELLITE CARRIAGE OF TELEVISION objection, it is so ordered. ENTREPRENEURSHIP BROADCAST SIGNALS. Mr. LIEBERMAN. Mr. President, I Section 119(a)(2)(C) of title 17, United COMMITTEE ON COMMERCE, SCIENCE, AND States Code, is amended— TRANSPORTATION ask unanimous consent that the Com- (1) by redesignating clause (v) as clause Mr. LIEBERMAN. Mr. President, I mittee on Small Business and Entre- (vi); ask unanimous consent that the Com- preneurship be authorized to meet dur- (2) by inserting after clause (v) the fol- mittee on Commerce, Science, and ing the session of the Senate for a lowing: Transportation be authorized to hold a hearing entitled ‘‘The President’s Fis- ‘‘(v) FURTHER ADDITIONAL STATIONS.—If 2 hearing during the sessions of the Sen- cal Year 2008 Budget Request for the adjacent counties in a single State are in a ate on Wednesday, February 28, 2007, at Small Business Administration,’’ on local market comprised principally of coun- Wednesday, February 28, 2007, begin- ties located in another State, the statutory 10 a.m., in room 253 of the Russell Sen- license provided for in subparagraph (A) ate Office Building. The purpose of the ning at 10 a.m. in Room 428A of the shall apply to the secondary transmission by hearing is to evaluate vehicle safety Russell Senate Office Building. a satellite carrier to subscribers in those 2 for children. The PRESIDING OFFICER. Without counties of the primary transmissions of any The PRESIDING OFFICER. Without objection, it is so ordered. network station located in the capital of the objection, it is so ordered. JOINT ECONOMIC COMMITTEE State in which such 2 counties are located, COMMITTEE ON COMMERCE, SCIENCE, AND Mr. LIEBERMAN. Mr President, I if— TRANSPORTATION ‘‘(I) the 2 counties are located in the 46th ask unanimous consent that the Joint largest designated market area for the year Mr. LIEBERMAN. Mr. President, I Economic Committee be authorized to 2005 according to Nielsen Media Research; ask unanimous consent that the Com- conduct a hearing in Room 562 of the and mittee on Commerce, Science and Dirksen Senate Office Building, ‘‘(II) the total number of television house- Transportation be authorized to hold a Wednesday, February 28, 2007, from 9:30 holds in the 2 counties combined did not ex- hearing during the sessions of the Sen- a.m. to 12:30 p.m. ceed 30,000 for the year 2005 according to ate on Wednesday, February 28, 2007, at THE PRESIDING OFFICER. Without Nielsen Media Research.’’; and 2:30 p.m., in room 253 of the Russell objection, it is so ordered. (3) in clause (vi) as redesignated, by strik- ing ‘‘and (iv)’’ and inserting ‘‘(iv), and (v)’’. Senate Office Building. The purpose of SPECIAL COMMITTEE ON AGING the hearing is to discuss and evaluate f Mr. LIEBERMAN. Mr. President, I the Fiscal Year 2008 budget for the Na- ask unanimous consent that the Spe- NOTICES OF HEARINGS/MEETINGS tional Aeronautics and Space Adminis- cial Committee on Aging be authorized COMMITTEE ON ENERGY AND NATURAL tration. to meet Wednesday, February 28, 2007, RESOURCES The PRESIDING OFFICER. Without from 10:30 a.m.–12:30 p.m. in Dirksen 628 Mr. BINGAMAN. Mr. President, I objection, it is so ordered. for the purpose of conducting a hear- would like to announce for the infor- COMMITTEE ON ENERGY AND NATURAL ing. Re: The Aging Workforce: What mation of the Senate and the public RESOURCES Does It Mean for Businesses and the that an oversight hearing has been Mr. LIEBERMAN. Mr. President, I Economy. scheduled before the Committee on En- ask unanimous consent that the Com- The PRESIDING OFFICER. Without ergy and Natural Resources. mittee on Energy and Natural Re- objection, it is so ordered. The hearing will be held on Wednes- sources be authorized to hold a hearing f day, March 7, 2007, at 9:30 a.m., in room during the session of the Senate on SD–366 of the Dirksen Senate Office Wednesday, February 28, 2007, at 9:45 PRIVILEGES OF THE FLOOR Building. a.m. in room SD–366 of the Dirksen Mr. ALEXANDER. Madam President, The purpose of the hearing is to in- Senate Office Building. The purpose of I ask unanimous consent that Stanford vestigate market constraints on large the hearing is to consider the Presi- Swinton of Senator GRASSLEY’s Fi- investments in advanced energy tech- dent’s fiscal year 2008 budget request nance Committee staff be given floor nologies and investigate ways to stim- for the USDA Forest Service. privileges for the remainder of the day.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00216 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 5009 The PRESIDING OFFICER. Without the Senate Delegation to the Mexico- heightens public awareness of the need to objection, it is so ordered. U.S. Interparliamentary Group con- preserve sibling relationships in foster care Mr. INOUYE. Madam President, I ask ference during the 110th Congress: the settings and gives siblings in foster care the opportunity to be reunited; and unanimous consent that the privilege Honorable JOHN CORNYN of Texas. Whereas Camp to Belong has reunited over of the floor be provided to Melissa Por- The Chair, on behalf of the Vice 2,000 separated siblings across the United ter and Rich Swazey, two detailees as- President, in accordance with 22 U.S.C. States, the United States Virgin Islands, and signed to the Commerce Committee, 1928a–1928d, as amended, appoints the Canada: Now, therefore, be it during consideration of S. 184 and S. 4. following Senator as Vice Chairman of Resolved, That the Senate— The PRESIDING OFFICER. Without the Senate Delegation to the NATO (1) designates March 1, 2007, as ‘‘Siblings objection, it is so ordered. Parliamentary Assembly during the Connection Day’’; (2) encourages the people of the United Ms. COLLINS. Mr. President, on be- 110th Congress: the Honorable GORDON States to celebrate sibling relationships on half of Senator STEVENS, I ask unani- H. SMITH of Oregon. Siblings Connection Day; and mous consent that Pamela Friedmann The Chair, on behalf of the President (3) supports efforts to respect and preserve and John Hennigan, both detailees to pro tempore, pursuant to 22 U.S.C. 2761, sibling relationships that are at risk of being the Commerce Committee, be granted as amended, appoints the following disrupted by the placement of children in the floor privileges for the duration of the Senator as Vice Chairman of the Sen- foster care system. 110th Congress. ate Delegation to the British-American f Interparliamentary Group conference The PRESIDING OFFICER. Is there COMMENDING PARTICIPANTS IN during the 110th Congress: the Honor- objection? THE SENATE YOUTH PROGRAM Without objection, it is so ordered. able THAD COCHRAN of Mississippi. Mr. REID. Mr. President, I ask unan- f f imous consent that the Senate now EXECUTIVE SESSION SIBLINGS CONNECTION DAY proceed to the consideration of S. Res. Mr. REID. Mr. President, I ask unan- 90. imous consent that the Judiciary Com- The PRESIDING OFFICER. The EXECUTIVE CALENDAR mittee be discharged from further con- clerk will report the resolution by title. Mr. REID. Mr. President, I ask unan- sideration of S. Res. 86, and that the imous consent that the Senate proceed Senate proceed to its consideration. The resolution (S. Res. 90) commending students who participated in the United to executive session to consider Execu- The PRESIDING OFFICER. Without objection, it is so ordered. States Senate Youth Program between 1962 tive Calendar Nos. 30 and 31; that the and 2007. The clerk will report the resolution nominations be confirmed; that the There being no objection, the Senate motions to reconsider be laid upon the by title. The legislative clerk read as follows: proceeded to consider the resolution. table; that any statements relating to Mr. REID. Mr. President, I ask unan- the nominations be printed in the The resolution (S. Res. 86) designating March 1, 2007, as ‘‘Siblings Connection Day.’’ imous consent that the resolution be Record; that the President be imme- agreed to, the preamble be agreed to, diately notified of the Senate’s action; There being no objection, the Senate and the motion to reconsider be laid and that the Senate then return to leg- proceeded to consider the resolution. upon the table. islative session. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without imous consent that the resolution be objection, it is so ordered. objection, it is so ordered. agreed to, the preamble be agreed to, The resolution (S. Res. 90) was agreed The nominations considered and con- the motion to reconsider be laid upon to. firmed are as follows: the table, and that any statements re- The preamble was agreed to. UNITED STATE SENTENCING COMMISSION lating to the resolution be printed in The resolution, with its preamble, Dabney Langhorne Friedrich, of Virginia, the RECORD, with no intervening action reads as follows: to be a member of the United States Sen- or debate. S. RES. 90 tencing Commission for the remainder of the The PRESIDING OFFICER. Without Whereas the students who have partici- term expiring October 31, 2009. objection, it is so ordered. pated in the United States Senate Youth Beryl A. Howell, of the District of Colum- The resolution (S. Res. 86) was agreed Program (referred to in this preamble as the bia, to be a member of the United States to. ‘‘Senate Youth Program’’) over the past 45 Sentencing Commission for a term expiring The preamble was agreed to. years were chosen for their exceptional October 31, 2011 (Reappointment), to which The resolution, with its preamble, merit and interest in the political process; position she was appointed during the last reads as follows: Whereas the students demonstrated out- recess of the Senate. standing leadership abilities and a strong S. RES. 86 f commitment to community service and have Whereas sibling relationships are among ranked academically in the top 1 percent of LEGISLATIVE SESSION the longest-lasting and most significant re- their States; lationships in life; Whereas the Senate Youth Program alum- The PRESIDING OFFICER. Under Whereas brothers and sisters share history, ni have continued to achieve unparalleled the previous order, the Senate will now memories, and traditions that bind them to- educational and professional success and return to legislative session. gether as family; have demonstrated a strong commitment to f Whereas it is estimated that over 65 per- public service on the local, State, national, cent of children in foster care have siblings, and global levels; APPOINTMENTS many of whom are separated when placed in Whereas the Senate Youth Program alum- The PRESIDING OFFICER. The the foster care system, adopted, or con- ni have demonstrated excellent qualities of fronted with different kinship placements; citizenship and have contributed to the Na- Chair, on behalf of the Vice President, Whereas children in foster care are at tion’s constitutional democracy, both profes- pursuant to 22 U.S.C. 276d–276g, as greater risk than their peers of having emo- sionally and in volunteer capacities, and amended, appoints the following Sen- tional disturbances, problems in school, and have made an indelible impression on their ator as Vice Chairman of the Senate difficulties with relationships later in life; communities; Delegation to the Canada-U.S. Inter- Whereas the separation of siblings while Whereas each State department of edu- parliamentary Group conference during children causes additional grief and loss; cation has selected outstanding participants the 110th Congress: the Honorable MI- Whereas organizations and private volun- for the Senate Youth Program; teer efforts exist that advocate for pre- Whereas the Department of Defense, De- CHAEL D. CRAPO of Idaho. serving sibling relationships in foster care partment of State, and other Federal depart- The Chair, on behalf of the Vice settings and that give siblings in foster care ments, as well as Congress, have offered sup- President, pursuant to 22 U.S.C. 276h– the opportunity to reunite; port and provided top level speakers who 276k, as amended, appoints the fol- Whereas Camp to Belong, a nonprofit orga- have inspired and educated the students in lowing Senator as Vice Chairman of nization founded in 1995 by Lynn Price, the Senate Youth Program; and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00217 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5010 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 4 February 28, 2007 Whereas the directors of the William Ran- Whereas Congress, through the No Child business, the Senate then resume con- dolph Hearst Foundation have continually Left Behind Act of 2001 (Public Law 107–110) sideration of S. 4. made the Senate Youth Program available and the Reading First, Early Reading First, The PRESIDING OFFICER. Without for outstanding young students and exposed and Improving Literacy Through School Li- objection, it is so ordered. them to the varied aspects of public service: braries programs, has placed great emphasis Now, therefore, be it on reading intervention and providing addi- Mr. REID. Mr. President, I made a Resolved, That the Senate congratulates, tional resources for reading assistance; and plea earlier today for Members to come honors, and pays tribute to the more than Whereas more than 50 national organiza- to the floor and offer amendments so 4,500 exemplary students who have been se- tions concerned about reading and education we can complete action on this impor- lected, on their merit, to participate in the have joined with the National Education As- tant legislation in timely fashion. I United States Senate Youth Program be- sociation to use March 2, the anniversary of would further editorialize, we are going tween 1962 and 2007. the birth of Theodor Geisel, also known as to finish the bill, and I hope it is not f Dr. Seuss, to celebrate reading: Now, there- necessary to file cloture. The Repub- fore, be it READ ACROSS AMERICA DAY Resolved, That the Senate— lican leader and I do not want to have Mr. REID. Mr. President, I ask unan- (1) designates March 2, 2007, as ‘‘Read to file cloture on this bill. We want imous consent that the Senate proceed Across America Day’’; people to come forward and offer to the immediate consideration of S. (2) honors Theodor Geisel, also known as amendments. Dr. Seuss, for his success in encouraging When we resume consideration of the Res. 91. children to discover the joy of reading; The PRESIDING OFFICER. The bill tomorrow, we will have a Demo- (3) honors the 10th anniversary of Read cratic amendment ready to offer at clerk will report the resolution by Across America Day; title. (4) encourages parents to read with their that time. The legislative clerk read as follows: children for at least 30 minutes on Read f The resolution (S. Res. 91) designating Across America Day in honor of the commit- March 2, 2007, as ‘‘Read Across America ment of the Senate to building a nation of ADJOURNMENT UNTIL 9:30 A.M. Day.’’ readers; and TOMORROW There being no objection, the Senate (5) encourages the people of the United States to observe the day with appropriate Mr. REID. If there is no further busi- proceeded to consider the resolution. ness to come before this body today, Mr. REID. Mr. President, I ask unan- ceremonies and activities. and if the Republican leader has no imous consent that the resolution be f comments, I now ask unanimous con- agreed to, the preamble be agreed to, ORDERS FOR THURSDAY, MARCH sent that the Senate stand adjourned the motion to reconsider be laid upon 1, 2007 under the previous order. the table, and that any statements re- Mr. REID. Mr. President, I ask unan- There being no objection, the Senate, lating to the resolution be printed in imous consent that when the Senate at 7:37 p.m., adjourned until Thursday, the RECORD, with no intervening action completes its business today it stand March 1, 2007, at 9:30 a.m. or debate. adjourned until 9:30 a.m. tomorrow The PRESIDING OFFICER. Without morning, Thursday, March 1; that on f objection, it is so ordered. Thursday, following the prayer and the CONFIRMATIONS The resolution (S. Res. 91) was agreed Pledge, the Journal of proceedings be to. approved to date, the morning hour be Executive nominations confirmed by The preamble was agreed to. the Senate Wednesday, February 28, The resolution, with its preamble, deemed expired, and the time for the two leaders be reserved for their use 2007: reads as follows: later in the day; finally, that there be UNITED STATES SENTENCING COMMISSION S. RES. 91 a period for morning business for 60 DABNEY LANGHORNE FRIEDRICH, OF VIRGINIA, TO BE Whereas reading is a basic requirement for minutes with Senators permitted to A MEMBER OF THE UNITED STATES SENTENCING COM- quality education and professional success, MISSION FOR THE REMAINDER OF THE TERM EXPIRING speak therein for up to 10 minutes OCTOBER 31, 2009, TO WHICH POSITION SHE WAS AP- and is a source of pleasure throughout life; POINTED DURING THE LAST RECESS OF THE SENATE. Whereas the people of the United States each, with the first 30 minutes under BERYL A. HOWELL, OF THE DISTRICT OF COLUMBIA, TO must be able to read if the United States is the control of the Republicans and the BE A MEMBER OF THEUNITED STATES SENTENCING COM- MISSION FOR A TERM EXPIRING OCTOBER 31, 2011, TO to remain competitive in the global econ- second 30 minutes under the control of WHICH POSITION SHE WAS APPOINTED DURING THE omy; the majority; that following morning LAST RECESS OF THE SENATE.

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TRIBUTE TO DR. HUGO M. then Governor George Pataki—making Dr. miss his friendship, guidance and support. I MORALES Morales the first and only Dominican to ever am thrilled that his son, GUS BILIRAKIS, was hold this position. Through his work with elected to Congress and has taken his father’s HON. JOSE´ E. SERRANO CUNY, Dr. Morales has spearheaded an initia- place as the new Republican cochair of the OF NEW YORK tive very close to my heart—that of archiving caucus in the 110th Congress. I am looking IN THE HOUSE OF REPRESENTATIVES the migration experience of Hispanic popu- forward to working with Representative GUS Wednesday, February 28, 2007 lations to this country. His historical study fo- BILIRAKIS in continuing the important work of cuses on the Dominican community, and doc- the Hellenic Caucus. Mr. SERRANO. Madam Speaker, it is both uments the resilient, inventive, and dignified f an honor and a privilege to rise in recognition manner through which Dominicans have of Dr. Hugo M. Morales, an illustrious member bridged our two great countries. REMEMBERING DOMINICAN of the proud Dominican community here in the Madam Speaker, on occasions like today, INDEPENDENCE DAY United States. During this month as we reflect when I have the opportunity to honor such a on and commemorate the contributions that venerated member of the Dominican commu- HON. CHARLES B. RANGEL Dominicans have—and continue to make—to nity as Dr. Morales, I realize that words alone OF NEW YORK our great nation, we can take heart that as the are incapable of truly conveying all that this in- IN THE HOUSE OF REPRESENTATIVES years pass and the landscape of the United dividual means—not only to Dominicans in the Wednesday, February 28, 2007 States undergoes further transformation, we United States—but also to the larger Hispanic have pillars in our community like Dr. Morales, Mr. RANGEL. Madam Speaker, I rise today, community, as well. That being said, this is on this 28th of February, to join with the hun- whose accomplished medical career and self- also a deeply touching moment for me, as I less ethic can serve to show others the way. dreds of thousands of Dominican residents of have had the pleasure of calling Dr. Morales my congressional district and the millions of Earning his medical degree in the Domini- a personal friend of mine for over thirty years. can Republic at the University of Santo Do- Dominicans around the world in celebrating Madam Speaker, the constellation of His- the 163rd anniversary of their motherland’s mingo in 1956, and later doing post graduate panics living in this country continues to bring work at the New York Polyclinic Medical independence. light and richness to the American experience. The road to freedom and independence is School and Hospital from 1961 until 1963, Dr. That constellation undoubtedly shines brighter Morales is a specialist in the field of Psychi- not perfect. It can be just as hard, if not hard- today because of individuals like Dr. Hugo Mo- er, to maintain it as it was to secure it. The atry. From 1957 through 1961, Dr. Morales rales. underwent residency training beginning at Dominican people know this lesson first-hand. f Morrisania Hospital in the Bronx, and later at Their history includes two wars of independ- both Harlem Valley State Hospital and Grass- TRIBUTE TO CONGRESSMAN ence—first from Haiti in 1844 and then from lands Hospital, where he was named Chief MICHAEL BILIRAKIS Spain in 1865—as well as struggles against Medical Resident. From 1962 until 1999, Dr. dictators and oppressive governments. And Morales practiced medicine at several medical HON. CAROLYN B. MALONEY while self-determination has produced a proud facilities, spending the majority of his career nation, various problems still exist, particularly OF NEW YORK those that stem from poverty and economic however at Bronx Mental Health Center, IN THE HOUSE OF REPRESENTATIVES where he attained the position of Medical Di- despair. Wednesday, February 28, 2007 Yet today is a day that all Dominicans are rector. Over the years, Dr. Morales has been li- Mrs. MALONEY of New York. Madam united in celebrating, regardless of their polit- censed to practice medicine in four different Speaker, I rise today to commend my friend, ical affiliations. It is a day that we remember U.S. states, and holds numerous board cer- former Representative Michael Bilirakis, for his the ideals of the Nation, thankful that there is tified licenses. In addition, Dr. Morales has dedication and service to the Congressional still hope of a better future. It is a day to honor held a teaching appointment as Instructor of Caucus on Hellenic Issues during his tenure in the sacrifices of our heroes in the only appro- Psychiatry at Harlem Hospital, and has been Congress. Because we represented large Hel- priate way—by rededicating ourselves to a the Attending Psychiatrist at both Grace Hos- lenic communities, together we cofounded the more just land for all residents, at home and pital Center and Bronx Lebanon Hospital’s Hellenic Caucus in 1996. The caucus now in- abroad. The Dominican Republic has been, and al- Fulton Division. cludes more than 120 bipartisan Members of ways will be, a land rich in history and culture. Belonging to more than a dozen profes- Congress. sional medical societies, and having been ap- Together, Representative Bilirakis and I The spirit of its people has energized our com- pointed to an even greater number of con- sought justice for Cyprus and fought for the munity, our city and our Nation. So it gives me sultation assignments over the years, Dr. Mo- protection of the Hellenic Islands. The caucus great pride to congratulate Dominicans around rales’ extensive medical background and ex- has served to bring a renewed congressional the world on their Independence Day. Any day pertise has been called upon repeatedly by focus on diplomatic, military, and human rights that we can take to celebrate and rededicate learning institutions throughout the U.S. and issues in a critical part of the world. ourselves to freedom and justice is not just a by government agencies on the city, state, Representative Bilirakis represented Clear- good one, but a necessary one. and federal level. He has grappled with issues water, Tarpon Springs, and Newport Richie in f from repairing the foster care system to ad- Florida, where he has contributed to the pres- IN HONOR OF THE VIETNAMESE dressing post-traumatic stress disorder in the ervation of the Hellenic community. He is a NEW YEAR: TET, 2007—YEAR OF aftermath of the September 11th attacks. member and supporter of the American Hel- THE BOAR Moreover, Dr. Morales has received over a lenic Educational Progressive Association, dozen honors for his work, including the Chris- AHEPA, which works on an international level HON. DENNIS J. KUCINICH topher Columbus Award—presented to him by to promote Hellenism, education, philanthropy, OF OHIO the President of the Dominican Republic in civic responsibility, and family and individual IN THE HOUSE OF REPRESENTATIVES 1992—and the Ellis Island Medal of Honor, excellence. which he received in 1996. In 2002, Dr. Mo- Representative Bilirakis was a valued Mem- Wednesday, February 28, 2007 rales was appointed to the Board of Trustees ber of Congress, and it was a privilege work- Mr. KUCINICH. Madam Speaker, I rise of the City University of New York (CUNY) by ing with him these past several years. I will today in recognition of the Vietnamese New

● 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 Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00219 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5012 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 28, 2007 Year: Tet, 2007—Year of the Boar. To cele- in a group setting. In the voluntary program, In addition to her work for the County of brate this joyous event, the Vietnamese Com- the first 14 participants lost 187 pounds collec- Sonoma, Ms. Schaef has served in leadership munity in Greater Cleveland, Inc., will gather tively while they developed healthier lifestyles. positions in professional organizations at the at Bo Loong Chinese Restaurant to rejoice Dr. Carter constantly works with veterans on local, state and national level. These include with family and friends and enjoy Vietnamese ways to improve the weight loss program to the California Association of Area Agencies on culture and performances. encourage maximum participation. Aging, the National Association of Area Agen- The Tet celebration will include recognition Even though the MOVE program is a na- cies on Aging and C4A. of volunteer leaders, Vietnamese culinary of- tional initiative, Dr. Carter was the first and Madam Speaker, Robin has dedicated her- ferings, dancing and entertainment by Viet- only physician to embrace the project through- self to developing and delivering essential so- namese youth of Cleveland. Tet is the time of out the entire Department of Veterans Affairs’ cial services to the elders of our county and year to pay homage to ancestors, reconnect Maryland Health Care System. She made the persons with disabilities. She has set an ex- with friends and family, and celebrate the program fun for veterans on a shoestring ample of visionary leadership that has been hope and possibility within the rising of a new budget by taking walks with the veterans, invaluable to Sonoma County. Ms. WOOLSEY year. playing shuffleboard with the veterans and and I wish to thank her for all she has meant This year also marks the 32nd anniversary providing lectures on healthy lifestyle habits to to so many, and wish her much happiness of the establishment of the Vietnamese Com- keep the veterans motivated throughout the and fulfillment as she retires. munity in Greater Cleveland, Inc.—reflecting program. Dr. Carter managed this program in addition more than three decades of this agency’s su- f perior commitment, service and community to her regular patient caseload. Her passion outreach to Americans of Vietnamese herit- and excitement to see patients succeed is TRIBUTE TO ROBIN SCHAEF age. The Vietnamese community in Cleveland matched only by her compassion for her pa- reflects a vibrant layer within the colorful fabric tients. The veterans who complete this pro- HON. LYNN C. WOOLSEY of our culturally diverse city and plays a sig- gram receive a framed certificate as recogni- nificant role in preserving and promoting the tion of their efforts to improve their own lives. OF CALIFORNIA ancient cultural and historical traditions that Madam Speaker, I ask that you join with me IN THE HOUSE OF REPRESENTATIVES today to honor Dr. Kenita Carter. She is a re- spiral back throughout the centuries—con- Wednesday, February 28, 2007 necting the old world to the new, extending markable volunteer for Maryland’s veterans. from Vietnam to America. Through her onoing efforts, she has helped Ms. WOOLSEY. Madam Speaker, together Madam Speaker and Colleagues, please hundreds of veterans receive their medical with my colleague, Mr. THOMPSON from Cali- join me in honor and recognition of Le care from the Department of Veterans Affairs. fornia, I rise today to recognize the out- Nguyen, President of the Vietnamese Commu- She has gone above and beyond the call of standing career of Robin Schaef of Petaluma, nity in Greater Cleveland, Inc., and all mem- duty to aid those who have dedicated their California. Ms. Schaef is retiring after 21 years bers, past and present, for their dedication lives to serve our great country. of service with the County of Sonoma. and support of Americans of Vietnamese herit- f Robin began her career of service in age within our Cleveland community. As we Sonoma County as the Executive Director of HONORING ROBIN SCHAEF OF Petaluma People Services Center where she join in celebration of the Vietnamese New SONOMA COUNTY Year, the Year of the Boar, may every Amer- increased the budget from $255,000 to ican of Vietnamese heritage hold memories of $600,000 in less than five years. their past forever in their hearts and find hap- HON. MIKE THOMPSON She then accepted the position of Director piness and peace with the dawning of each OF CALIFORNIA of the Sonoma County Multipurpose Senior new day. IN THE HOUSE OF REPRESENTATIVES Services Program. This newly formed county case management program served a caseload f Wednesday, February 28, 2007 of 200 clients. Mr. THOMPSON of California. Madam HONORING DR. KENITA CARTER Ms. Schaef’s strong leadership and man- Speaker, together with my colleague, Ms. agement skills were a determining factor in WOOLSEY from California, I rise today to rec- her promotion to Director of the Sonoma HON. C.A. DUTCH RUPPERSBERGER ognize the outstanding career of Robin Schaef County Area Agency on Aging in 1987. When OF MARYLAND of Petaluma, California. Ms. Schaef is retiring the County reorganized eight years later, her IN THE HOUSE OF REPRESENTATIVES after 21 years of service with the County of vision and skills made her the natural choice Sonoma. Wednesday, February 28, 2007 to become the Department Head of the Robin began her career of service in Sonoma County Area Agency on Aging. In this Mr. RUPPERSBERGER. Madam Speaker, I Sonoma County as the Executive Director of rise before you today to honor Kenita Carter, Petaluma People Services Center where she capacity she oversaw five programs with a M.D., who was awarded the 2006 Congres- increased the budget from $255,000 to staff of 60: the Area Agency on Aging and its sional Volunteer Recognition Award by the $600,000 in less than five years. 21 member Advisory Council, In-Home Sup- Second Congressional District of Maryland’s She then accepted the position of Director port Services, Adult Protective Services, the Veterans Advisory Group. of the Sonoma County Multipurpose Senior Multipurpose Senior Services Program and the Dr. Carter is a compassionate and dedi- Services Program. This newly formed county Veterans Services Office. cated physician who provides patient care for case management program served a caseload In addition to her work for the County of over 1,000 veterans. She has been an inno- of 200 clients. Sonoma, Ms. Schaef has served in leadership vator at the Department of Veterans Affairs Ms. Schaef’s strong leadership and man- positions in professional organizations at the Loch Raven Campus Community Based Out- agement skills were a determining factor in local, state and national level. These include patient Center and has worked untiringly to her promotion to Director of the Sonoma the California Association of Area Agencies on improve the lives of Maryland’s veterans. County Area Agency on Aging in 1987. When Aging, the National Association of Area Agen- Dr. Carter developed a MOVE program at the County reorganized eight years later, her cies on Aging and C4A. the Loch Raven Campus on the grounds of vision and skills made her the natural choice Madam Speaker, Robin has dedicated her- the Baltimore Rehabilitation and Continuing to become the Department Head of the self to developing and delivering essential so- Care Facility. MOVE is a national initiative of Sonoma County Area Agency on Aging. In this cial services to the elders of our county and the Department of Veterans Affairs to address capacity she oversaw five programs with a persons with disabilities. She has set an ex- the problem of diabetes and obesity among staff of 60: the Area Agency on Aging and its ample of visionary leadership that has been the veteran population. Dr. Carter established 21 member Advisory Council, In-Home Sup- invaluable to Sonoma County. Mr. THOMPSON and chaired a planning committee that devel- port Services, Adult Protective Services, the and I wish to thank her for all she has meant oped the program that included exercise, nutri- Multipurpose Senior Services Program and the to so many, and wish her much happiness tional planning and healthy lifestyle challenges Veterans Services Office. and fulfillment as she retires.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00220 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5013 A PIONEER PASSES; THE WORK Around the same time, Ms. Gittings be- theran Church of St. Peter’s in the Bronx—a GOES ON came estranged from her family, which did place of worship for him and his family for not approve of her championing of gay more than 25 years. rights, Segal said. Madam Speaker, what fills me with hope as HON. KEITH ELLISON Ms. Gittings headed the American Library OF MINNESOTA Association’s Gay Task Force to attract I reflect on Mr. Jordan’s service to the Bronx IN THE HOUSE OF REPRESENTATIVES more attention to gay literature and urge li- to date, is the fact that his journey as a com- Wednesday, February 28, 2007 braries to provide more information on sexu- munity leader is far from over. Residents of ality and gay issues. the South Bronx, myself included, are proud of Mr. ELLISON. Madam Speaker, it is with a William Kelley, a Chicago lawyer who first this enormously talented individual; and we good deal of sadness, and a great deal of re- attended a national gay rights gathering take heart in the belief that he will be able to spect and admiration, that I recognize the with Ms. Gittings in the 1960s, said he re- continue to provide hope and work for change membered her saying that when she was passing of the influential gay rights activist in our community for years and years to come. Barbara Gittings. young, she had to look in the encyclopedia to find out more about her sexuality. ‘‘It was I am therefore pleased to recognize Mr. An- I submit the following celebration of her life thony Ronald Jordan. published in The Washington Post into the her thought that libraries should be encour- aged to offer more information to people f Congressional Record. I draw attention to Bar- about sexuality,’’ he said. bara’s life and work as one of our country’s Ms. Gittings also was an editor of the les- HONORING THE CHINESE NEW finest civil rights advocates. Ms. Gittings ex- bian journal the Ladder in the mid-1960s. YEAR hibited an amazing amount of courage, tenac- In Ms. Gittings’s lifetime, she saw a ity, resiliency, and generosity in her fight for change in the perception of the gay rights HON. DANNY K. DAVIS movement. In the 1960s, she picketed in front equal rights spanning a remarkable 50-year OF ILLINOIS career. I am tremendously thankful for her ef- of Independence Hall in Philadelphia on the Fourth of July. In 2005, she attended a cere- IN THE HOUSE OF REPRESENTATIVES forts on behalf of all Americans, and hope the mony at which the Pennsylvania Historical Wednesday, February 28, 2007 occasion of her passing provides a small mo- and Museum Commission placed a historical ment of reflection on our collective fight for marker recognizing the gay rights struggle Mr. DAVIS of Illinois. Madam Speaker, I rise equal rights. across the street from Independence Hall. today to honor the start of the Chinese New A gay activist long before people were even Ms. Gittings was born in Vienna, Austria, Year. Approximately 40,000 Chicagoans enjoy calling themselves ‘‘gay,’’ Barbara provided where her father worked as a U.S. diplomat. a Chinese heritage, and I wish to celebrate the first face for the burgeoning gay rights She was raised in Delaware. with them the turning of year 4705, the year movement in the 1960s when she took an ac- Survivors include her partner of 46 years, of the Fire Boar. tive part in protesting federal employment dis- Kay Lahusen, and a sister. The year of the Fire Boar starts Sunday, crimination. f February 18. The New Year brings a time for She was instrumental in having homosex- TRIBUTE TO MR. ANTHONY cleansing the home to sweep away misfortune uality removed from the American Psychiatric RONALD JORDAN and welcoming in the New Year with hopes of Association’s list of mental disorders in 1973 prosperity and good luck. I look forward to the and worked tirelessly within the American Li- ´ Chinese New Year because it reflects the end brary Association to make materials with HON. JOSE E. SERRANO of winter and marks the beginning of spring. GLBT content more accessible to the reading OF NEW YORK Indeed, the Spring Festival, as it also is public. IN THE HOUSE OF REPRESENTATIVES known, is a time to give thanks for one’s When told she was the Rosa Parks of the Wednesday, February 28, 2007 blessings, celebrate family, resolve arguments, gay rights movement, this modest activist stat- Mr. SERRANO. Madam Speaker, as we cel- and prepare the community to embark on a ed that any success she enjoyed was always ebrate the legacies of greatness of so many new year with hope and charity. We should all the result of a collaborative effort. African Americans throughout our country’s take advantage of the opportunity to explore I think Barbara’s lifelong accomplishments history, I rise today to pay tribute to a local and share in this treasured tradition with family provide an important measure of how far hero and true people’s champion in the Bronx, and friends. Embracing this tradition honors we’ve come in the fight for equal rights for all Mr. Anthony Ronald Jordan. the richness of our diversity as Americans. Americans. To be sure, Madam Speaker, her Born and raised in the South Bronx, the Also, it stands to reason, that as we benefit death also serves to remind us that there is ethic of selflessness and compassion which from the year of the Fire Pig, we should all work yet to be done in ensuring all citizens guides so many of Mr. Jordan’s professional make a pledge to donate some good fortune can live lives free of discrimination, prejudice, endeavors today was instilled in him at an to others less fortunate than ourselves. fear, and the threat of violence. Sadly, today early age by his mother—the late Ruby Lee This year will be the 24th annual Chinese there is one less champion to do it. Jordan. Educated as a young man in the New Lunar New Year celebration in Chicago’s [From the Washington Post, Feb. 20, 2007] York City public school system, Mr. Jordan Chinatown, which I am proud to say, resides GAY RIGHTS PIONEER BARBARA GITTINGS, 75 continued his education at Monroe College, in my Congressional District. I am honored to (By Adam Satariano) and later earned an advanced degree from participate in Chinese New Year celebrations, Barbara Gittings, 75, one of the earliest ac- Hunter College, part of the City University of and I wish all a Gong Hay Fat Choy. tivists to push the U.S. government to pro- f vide gay men and lesbians with equal rights, New York. Mr. Jordan currently serves as the died Feb. 18 at an assisted living center in president and CEO of St. Benedict the Moor RECOGNIZING SECRETARY OF Kennett Square, Pa. She had breast cancer. Neighborhood Center, as well as the founder STATE CONDOLEEZZA RICE FOR In 1965, Ms. Gittings and several gay men and president of the Moor House Gardens HER COMMITMENT TO LIBERIA and lesbians were the first to hold dem- HDFC. During his tenure as president of St. onstrations outside the White House for Benedict the Moor Neighborhood Center, the HON. CHARLES B. RANGEL equal rights for homosexuals. She later organization has thrived; for example, in 2006 OF NEW YORK played a key role in the American Psy- alone the center proudly served over 84,000 chiatric Association’s removal of homosex- IN THE HOUSE OF REPRESENTATIVES individuals, families and children. Highly re- uality from its list of mental disorders in Wednesday, February 28, 2007 1973. garded throughout New York City for offering ‘‘Gay people didn’t have a face until Bar- courteous and heartfelt support to people bat- Mr. RANGEL. Madam Speaker, I rise today bara started demonstrating in 1965,’’ said tling substance abuse, homelessness, and in recognition of the wonderful work done by Mark Segal, publisher of Philadelphia Gay hunger, St. Benedict the Moor Neighborhood Secretary of State Condoleezza Rice in News. ‘‘Up until that point, no gay face had Center serves as a beacon of light for many hosting the Liberia Private Sector Investment been seen in the newspaper, on television or in the South Bronx. Forum, a part of a collective effort to ensure in the movies.’’ Her involvement in the gay rights move- In addition to his work at St. Benedict the debt relief and economic revitalization for Libe- ment started in the 1950s, when she helped Moor Neighborhood Center, Mr. Jordan also ria. form the New York City chapter of the early holds the distinction of being president of the Now is a time for optimism in Liberia. Fol- lesbian organization Daughters of Bilitis. Congregational Council at the Evangelical Lu- lowing 14 years of boorish dictatorship and

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00221 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5014 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 28, 2007 ravenous civil conflict, Liberia has the oppor- istration, the Cleveland Hopkins Air Traffic Medical Center, the Baltimore Rehabilitation tunity to restore democracy, economic stability Control Tower, and the National Air Traffic and Extended Care Center and the Perry and social harmony. With the recent election Controllers Association. Point Medical Center. He often travels to the of President Ellen Johnson-Sirleaf, Africa’s Richard began his federal career as an Air USO International Gateway Lounge at Balti- first female head of state, Liberia is well-posi- Traffic Control Specialist with the Federal more-Washington International Airport, Dover tioned to step out of the shadow of a history Aviation Administration in 1982, and in June Air Force Base, the Charlotte Hall Veterans of violence and destruction; however, Liberia 1982 he started working for the Indianapolis Home and the Elsmere, Delaware VA Hos- continues to be bound to its past in the form Air Route Traffic Control Center in Indianap- pital. of severe debt accrued over the years. olis, Indiana. After a year, he transferred to Madam Speaker, I ask that you join with me It is important for us all to follow Secretary Grand Forks Air Traffic Control Tower in today to honor Harold Lee Davis. He is a re- Rice’s example and encourage our President Grand Forks, North Dakota, before he started markable volunteer for Maryland’s veterans. to forgive Liberia of its debt in full. Liberia sim- working for the Cleveland Hopkins Air Traffic Through his tireless efforts, he has helped ply cannot pay its debt to the United States in Control Tower in 1988. hundreds of veterans receive their medical particular; a debt incurred when civil war en- Richard is a highly valued colleague due to care from the Department of Veterans Affairs. sued following the forceful ascension to power his multiple skills and personality. His vast He has gone above and beyond the call of by Samuel Doe and Charles Taylor. A recent knowledge and experience in air traffic skills, duty to aid those who have dedicated their United Nations development report on Liberia management style, leadership skills and prob- lives to serve our great country. found that more than 85% of the population is lem resolution has made him an invaluable f unemployed; nearly 75% of the population asset to the Cleveland Hopkins Air Traffic miserably subsist on less than $1 per day. A Control Tower. BLACK HISTORY MONTH third of the population is illiterate, almost 10% Throughout his career, Richard has been an suffer from HIV and AIDS and life expectancy outstanding team player. He has been elected HON. JOE BACA hovers somewhere around 50 years of age. the union facility representative and has OF CALIFORNIA Liberia’s economy and infrastructure was served on numerous national, regional and IN THE HOUSE OF REPRESENTATIVES nearly demolished during decades of fighting local committees, as well as work groups for Wednesday, February 28, 2007 and tyranny. Those living in Liberia today still both the Federal Aviation Administration and have limited access to clean water and elec- the National Air Traffic Controllers Association. Mr. BACA. Madam Speaker, I ask for unani- tricity. It will take tremendous resources to re- During his career he has received numerous mous consent to revise and extend my re- build schools, roads and power grids; how- performance awards, letters of commendation, marks. ever, many of Liberia’s existing resources are and incentive awards. I rise today in strong support of H. Res. required to repay the enormous debt burden. Madam Speaker and colleagues, please join 198, a resolution commemorating Black His- The fiscal and structural resources nec- me in honoring Richard E. Pinkston for his 25 tory Month. essary to repair a country whose economy years of federal service. His expertise and Black History Month is a time for us to ex- and social fabric have been torn apart due to team spirit is an inspiration to all who cross plore, highlight, and create awareness about enduring violence, war that persisted for more paths with him. the history of African Americans. It is an op- than a decade, and debt incurred by mis- f portunity to celebrate their development and guided and corrupt leaders are tremendous. growth as a community, as well as a chance Moreover, establishing institutions and sys- HONORING HAROLD LEE DAVIS to recognize their contributions to society. tems designed to ensure that a country will Black History Month is also a time to acknowl- not fall back into a cycle of indebtedness, HON. C.A. DUTCH RUPPERSBERGER edge that the struggle for social justice and while simultaneously attempting to repay an OF MARYLAND equality for all is a battle we continue to fight. existing debt, is an extremely lofty task. In Li- IN THE HOUSE OF REPRESENTATIVES The Association for the Study of African American Life and History (ASALH) founded beria debt and monetary conditions are de- Wednesday, February 28, 2007 based and the demands of an increasingly Black History Month. They have chosen this global market economy continue to threaten Mr. RUPPERSBERGER. Madam Speaker, I year’s theme to be, ‘‘From Slavery to Free- the fragile base upon which Liberia’s current rise before you today to honor Harold Lee dom.’’ This theme is dedicated to the struggles economy stands. More than simply being un- Davis, who was awarded the 2006 Congres- of peoples of African descent to achieve free- able to pay back the debt owed to other coun- sional Volunteer Recognition Award by the dom and equality in the Americas during the tries, unsustainable debt will perpetuate Libe- Second Congressional District of Maryland’s age of emancipation. It is also a time to recog- ria’s inability to achieve economic independ- Veterans Advisory Group. nize the achievements of countless African ence, social harmony, or to realize a truly For over 18 years, Mr. Davis has provided Americans that influenced our Nation’s history democratic state, now or in the future. a variety of activities and amenities for the vet- throughout the periods of reconstruction, the I commend Secretary Rice for her effort to erans at the Department of Veterans Affairs Harlem Renaissance, the Great Depression; bring much needed relief to the people of Li- Baltimore Rehabilitation and Extended Care the civil rights movement, and to present day. beria; her participation in the Liberia Partners’ Center. From monthly entertainment shows to Individuals such as Harriet Tubman, who led Forum as well as her continued work in the re- cookouts, crab feasts and puppet shows, Mr. the Underground Railroad, Frederick Douglas, gion serves as a shining example for us all. Davis puts smiles on the faces of many vet- who launched a newspaper to advocate aboli- Let us not forget the work that remains to be erans each month. During the long periods of tion, Hiram Revels, who became the first done in helping to rebuild Liberia. Let us begin a veteran’s stay at the center, he often brings Black U.S. Senator in 1870, W.E.B. Du Bois, by calling for complete debt forgiveness. his grandson along to brighten their day. They the NAACP forerunner, the artists and writers f work as a team to pass out snacks, provide of the Harlem Renaissance, Thurgood Mar- some bedside entertainment and friendly shall, who became the first Black Supreme IN RECOGNITION OF RICHARD E. smiles to the veterans they visit. Mr. Davis Court Justice, and civil rights leader Dr. Martin PINKSTON truly has the ability to communicate with vet- Luther King Jr. are just a few African Ameri- eran patients in a very caring and compas- cans who have helped provide a path to free- HON. DENNIS J. KUCINICH sionate way. dom. OF OHIO Mr. Davis began his volunteer work for vet- During the month of February, we should re- IN THE HOUSE OF REPRESENTATIVES erans by pushing wheelchair-bound veterans member and learn from the past, while con- from the Fort Howard Community Based Out- tinuing to learn in the present to prepare for a Wednesday, February 28, 2007 patient Clinic to the local area carnival. He brighter future. Knowing and understanding Mr. KUCINICH. Madam Speaker, I rise quickly learned of the veterans’ needs for a Black history is important not only for African today in recognition of Richard E. Pinkston for friendly smile and someone to talk to during Americans, but also for our entire nation. his 25 years of federal service to this country, their stay at a veteran’s facility. He now Black history is American history, so let us and to celebrate the expertise and enthusiasm spends days assisting veterans at the Depart- recognize these individuals for their great con- he has brought to the Federal Aviation Admin- ment of Veterans Affairs downtown Baltimore tributions.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00222 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5015 I urge the rest of my colleagues to stand ice and stood up, so their active duty counter- the impact a single individual can have in im- with me and support H. Res. 198. parts could temporarily stand down for the proving the lives of many. f holidays. Presently, Mr. Gibson serves as the Director From September 2006 through January of the Highbridge Facility at Samaritan Village, INTRODUCTION OF THE TEACHING 2007 the Oregon Air National Guard in asso- a leading substance abuse center in the GEOGRAPHY IS FUNDAMENTAL ciation with citizen-airmen from Air National Bronx. Educated at the Hunter College School ACT Guard units from Hawaii, Ohio, Puerto Rico, of Social Work, Mr. Gibson graduated with and Wisconsin provided tactical command and honors and was later accepted into Hunter’s HON. CHRIS VAN HOLLEN control for all combat assets within Afghani- prestigious Doctoral Program. A New York OF MARYLAND stan. State Licensed Clinical Social Worker and a IN THE HOUSE OF REPRESENTATIVES Unfortunately, too often we stand here in Credited Alcoholism and Substance Abuse Wednesday, February 28, 2007 this chamber to publicly acknowledge the con- Counselor, Mr. Gibson brings to Samaritan Vil- tribution of our military and their families after lage more than twenty-five years of experi- Mr. VAN HOLLEN. Madam Speaker, I rise a tragedy—we honor our fallen—and often for- ence within the social and human services today to introduce the Teaching Geography is get the living, our veterans. field. Fundamental Act, a bill to help ensure that all Lieutenant Colonel Timothy Olson, Lieuten- In addition to his daily work as an adminis- young people acquire the vital global knowl- ant Colonel Jim Gregory, Major Paul Evans, trator, Mr. Gibson’s extensive involvement in edge they need to compete in today’s increas- Major Keith Townsend, Captain Leon the community and civic life of both the Bronx ingly-connected world. I thank my colleague, McGuire, Captain Bryan Habas, Captain Vic- and New York City is reflected in his numer- ROGER WICKER, for his leadership and hard toria Habas, Senior Master Sergeant Robert ous educational and organizational affiliations. work on this issue. Birman, Senior Master Sergeant Ralph Leh- Mr. Gibson acts as an adjunct professor at Madam Speaker, our nation is facing a cri- man, Senior Master Sergeant Leslie Wright, both the City and State University of New sis in geographic knowledge. Sixty-three per- Master Sergeant William Baer, Master Ser- York, the College of New Rochelle, and the cent of young adults cannot locate Iraq on a geant Randy Dickenson, Master Sergeant Metropolitan College of New York City. More- map of the Middle East. Seventy-five percent Donald Hillgaertner, Master Sergeant Gary over, he is presently affiliated with: the Health cannot find Iran. Half cannot locate New York Gudge, Master Sergeant Cory Jackson, Mas- and Human Services Committee of Commu- on a map of the United States. These statistics are emblematic of a general ter Sergeant Albert Luquette, Master Sergeant nity Board 4 (Member); the Morrisania Revital- lack of knowledge about the world that is trou- Adam Melerski, Master Sergeant Troy Mitch- ization Corporation (Member, Board of Direc- bling in a time when the United States must ell, Master Sergeant Richard Murren, Tech- tors); and the Association of Substance Abuse compete in a global marketplace. We need nical Sergeant Ann Chancey, Technical Ser- Providers of New York State (Executive Board Americans to know and understand the coun- geant Edwin Corcoran, Technical Sergeant Member, former Chair of the Cultural Diversity tries and cultures that are or could become Carl Domingo, Technical Robert Foreman, Committee). our political and economic partners. It is unac- Technical Sergeant Bryan Garret, Technical Madam Speaker, Frederick Douglass is ceptable that seventy-one percent of young Sergeant Matthew Gudge, Technical Sergeant quoted as saying, ‘‘Man’s greatness consists Americans do not know that the United States George McMahan, Staff Sergeant Michelle in his ability to do and the proper application is the world’s largest exporter of goods. It is Nelson, and Staff Sergeant Laurence Rose of his powers to things needed to be done.’’ unacceptable that, despite the fact that it is raised their hands, willingly accepted duties in This statement, seemingly so self-evident, the world’s largest democracy, nearly half of war-torn Afghanistan, and served us with nevertheless reminds us that those who act young adults do not know where India is lo- honor. righteously in support of others face the pros- cated. These airmen worked with our allies in the pect of one day realizing their own greatness. We need to improve our children’s under- region to provide command and control that Madam Speaker, for a life dedicated to honor- standing of their world both within and beyond sustained complex, time critical air sovereignty ably serving people in need, I am pleased to our country’s borders. The Teaching Geog- missions in support of Intemational Stabiliza- recognize Mr. David Gibson. raphy is Fundamental Act will do just that. It tion Assistance Force (ISAF) priorities. Their f would authorize federal funding to improve contributions cannot be overstated, nor in truth measured. RECOGNIZING NATIONAL student achievement, increase teacher train- MENTORING MONTH ing, encourage education research, and de- As a Congresswoman from Oregon, I am velop effective instructional materials and proud of what these citizen-airmen accom- strategies for geography education. It will le- plished, and humbled by their continued will- HON. DANNY K. DAVIS verage and expand support for geography ingness to answer the call of a nation that is OF ILLINOIS education partnerships. And it will prepare in need far more often than anyone expected. IN THE HOUSE OF REPRESENTATIVES America’s students to move forward and suc- I ask this chamber to recognize and applaud Wednesday, February 28, 2007 ceed in a rapidly-changing, competitive, global these airmen who like hundreds of thousands of their peers ask for little, give everything Mr. DAVIS of Illinois. Madam Speaker, as economy. we celebrate February as National Mentoring It is time to be sure that American citizens they can, and believe our America is worth the Month, I am reminded of the words of Martin are informed citizens of the world. I ask my sacrifice. Luther King, Jr.: ‘‘Occasionally in life there are colleagues to join Congressman WICKER and Thank you for standing a post that few even those moments of unutterable fulfillment which me and support the Teaching Geography is know exists. cannot be completely explained by those sym- Fundamental Act. f bols called words. Their meanings can only be f TRIBUTE TO MR. DAVID GIBSON articulated by the inaudible language of the RECOGNIZING THE 116TH AIR heart.’’ CONTROL SQUADRON HON. JOSE´ E. SERRANO Mentoring is one of those moments in life OF NEW YORK that cannot be truly appreciated with words. It HON. DARLENE HOOLEY IN THE HOUSE OF REPRESENTATIVES is a valuable activity that gives all involved a sense of happiness and connection that mate- OF OREGON Wednesday, February 28, 2007 rial things cannot. By reaching into the hearts IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Madam Speaker, as the na- of children, mentoring opens young people’s Wednesday, February 28, 2007 tion reflects and commemorates the myriad of eyes to a brighter future, and every young per- Ms. HOOLEY. Madam Speaker, today I rise ways in which African Americans have shaped son deserves that opportunity. to praise the courage, dedication, and selfless- the social, economic, cultural and political A mentor, of course, is often an adult who, ness of the following 116th Air Control Squad- landscape of our nation, I rise today in honor along with parents, gains a sense of fulfillment ron volunteers. of Mr. David Gibson—a distinguished human when making a positive difference in the qual- The ‘‘Fighting Longracks’’ from Camp Rilea, service professional whose daily stewardship ity of life for that young person. The average Warrenton, Oregon answered the call of serv- of people’s health related needs reminds us of mentor spends about 8 to 10 hours a month

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00223 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5016 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 28, 2007 with his or her mentee on activities such as overcoming his physical disability, is able to at Malden when he was only nine and later in reading a good book aloud, visiting museums, provide unique encouragement and friendship a coal mine along Campbell’s Creek. Naturally or going to the playground. to the veteran patients at the Fort Howard clin- intelligent and starved for an education, Wash- I am proud of the many mentoring programs ic. His ability to share stories and tales of his ington left Malden at 16 and walked the 200 that are already in place in the Chicagoland accomplishments is legendary. miles to Hampton Institute in Virginia. Upon area, such as Mercy Home’s Friends First Mr. Koski is also a member of the National graduation, he returned to Malden to teach Program and Sinai Mentoring Program, which Honor Guard for the Veterans of Foreign school for both black children and adults. links Mount Sinai Hospital professionals with Wars. He serves as the VAVS Representative Like Carter G. Woodson, Booker T. Wash- youth from North and South Lawndale High for the Veterans of Foreign Wars at the De- ington rose to national prominence. He estab- Schools. partment of Veteran Affairs Baltimore Rehabili- lished the Tuskegee Institute in Alabama, I also want to commend the Chicago Public tation and Extended Care Center. Mr. Koski which still educates many today, and he School system and the Board of Education for ensures that members are volunteering to pro- helped set up the National Negro Business the development of a program called Cradle to vide services to patients as well as making League. Washington wrote twelve books, the the Classroom. This program involves mentors monetary and in-kind donations to support pa- most famous of which, Up From Slavery, re- who work individually with young parents and tient needs at the Center. The pride that Mr. counted his early life in Malden, still read students who are pregnant and who have chil- Koski feels representing the Veterans of For- widely in our schools today. dren. These youth, with the help of a mentor, eign Wars is constantly evident in his work as Other West Virginia sons and daughters, finish their high school education and grad- a volunteer. too, have made lasting contributions that have uate. Madam Speaker, I ask that you join with me changed the landscape of our land and our in- When a young person is matched with a today to honor Mr. Neil Koski. He is a remark- tellect: caring, responsible individual, this relationship able volunteer for Maryland’s veterans. J.R. Clifford, born in Grant County, fought in often makes for a counsel, friendship, and Through his tireless efforts in 34 years and the Civil War and then came back home to constructive example. For too long we have 9,000 hours of volunteering, he has helped im- fight for civil rights. A lawyer and a journalist, focused on providing remedies to problems prove the lives of hundreds of veterans as he brought the first legal challenge of the that only address negative behavior, rather they receive their medical care from the De- state’s segregated school system to court, and than looking at ways to promote the positive partment of Veterans Affairs. He has gone worked with his friend W.E.B. Dubois to found and healthy development of our young people. above and beyond the call of duty to aid those the Niagara Movement of 1905. National Mentoring Month focuses on what who have dedicated their lives to serve our Christopher Harrison Payne, born a slave in children need in order to grow into healthy, great country. Monroe County, broke ground in black jour- safe, and well-educated adults. f nalism, establishing three newspapers, The In Chicago and across the country, it is West Virginia Enterprise, The Pioneer and the clear that the mentoring framework is in place. TRIBUTE IN HONOR OF BLACK Mountain Eagle. In 1896 he was elected to the Now we just need more people to volunteer HISTORY MONTH state legislature as a Republican delegate their time to help change the life of a child. from Fayette County, the first black to serve in Research shows that young people who are HON. NICK J. RAHALL, II the West Virginia legislature. mentored have a stronger attachment to OF WEST VIRGINIA Minnie Buckingham Harper of Keystone, the school, higher graduation rates, and de- IN THE HOUSE OF REPRESENTATIVES first African American woman to become a member of a legislative body in the United creased involvement with drugs, gangs, and Wednesday, February 28, 2007 violence. States, broke ground for countless women in Mentoring is a strong investment in our chil- Mr. RAHALL. Madam Speaker, as Black 1928 when she was appointed to fill the term dren and in the future of our country. There- History Month again draws to a close, it is the of her late husband. fore, Madam Speaker, I am indeed pleased to perfect time to reflect on the accomplishments Leon Sullivan, born in Charleston, was join with my colleagues in celebrating the es- of so many black figures who were intimately brought up in a dirty alley in one of the city’s sential role that mentoring plays in the lives of connected to the Mountain State. most poverished sections, worked in a steel our young people during this National Men- To fully appreciate the breadth and depth of mill to pay his tuition at West Virginia State toring Month. the contributions of these heroes, we need College, and rose from poverty to found the f only to imagine what life in the Mountain Opportunity Industrialization Center, a job- State—what life across America—would be training organization with branches around the HONORING NEIL KOSKI like without them. world. We might not even be celebrating this spe- Helen Dobson of Raleigh County, well- HON. C.A. DUTCH RUPPERSBERGER cial month, for example, were it not for the ef- known throughout West Virginia for her beau- OF MARYLAND forts of Carter G. Woodson, referred to by tiful voice, performed at the inauguration of IN THE HOUSE OF REPRESENTATIVES many as the ‘‘father of black history,’’ a son of two of West Virginia’s governors and served slaves who came to Huntington, West Virginia, as public school teacher for many years. Her Wednesday, February 28, 2007 and worked in our coal mines until he could spirit is still strong in southern West Virginia Mr. RUPPERSBERGER. Madam Speaker, I afford enough money for an education. Once and it was with Ms. Dobson in mind that I rise before you today to honor Neil Koski, who firmly established in a successful academic signed on as a co-sponsor of a bill that des- was awarded the 2006 Congressional Volun- career which included West Virginia State Col- ignates the African American spiritual as a na- teer Recognition Award by the Second Con- lege and Howard University in Washington, tional treasure. This bill passed the House of gressional District of Maryland’s Veterans Ad- D.C., Cater used this education to bring to life Representatives earlier this month. visory Group. the story of black Americans missing from This, of course, is just a small sampling of Mr. Koski is a dedicated volunteer at the many of our history books. In 1926, he gained so many strong African Americans who have Department of Veterans Affairs’ Fort Howard helped establish ‘‘Negro History Week,’’ and in made a difference. Add to this list the count- Community Based Outpatient Clinic. He pro- 1976 Woodson’s week was expanded into the less men and women who worked long hours vides morning coffee to the out patients at the Black History Month we celebrate today. for less pay to provide for a better future for clinic five days a week. He helps complete the And where would America be without the their children, the many men and women who mission at Fort Howard by providing a supple- contributions of Booker T. Washington, un- fought and continue to fight for our liberties in mental service to the veterans which could not doubtedly West Virginia’s most famous African the armed forces, the men and women who have otherwise be provided through normal American? Poverty stricken but free at last, through their compassion and quiet strength, operations at the clinic. young Washington and his family made a per- were role models by which we all can live. Relying upon his experience as a veteran, ilous journey on foot through deep forests and Also add to this list the many African Ameri- he provides companionship and camaraderie across the New River Gorge, from Franklin cans who continue today to work for a better that few can supply to the veterans attending County, Virginia to Kanawha County, West West Virginia. the clinic. Mr. Koski is a Disabled American Virginia. Alongside his father, Booker T. We are deeply indebted to our educators, Veteran who, because of his experiences Washington went to work in the salt furnaces folks like Bluefield State President Albert

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00224 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5017 Walker; Maurice Cooley, Director of African political influence with me and my family he commanded the 75th Air Squadron, an Af- American Programs at Marshall University; stretches back over many years. Bob Howard rican-American unit. His experience with these Betty Jane Cleckley, Vice President for Mar- was a trusted campaign advisor to my father men led him to a lifelong and passionate com- shall University Multicultural Affairs; Loretta in his campaigns for the Buffalo Common mitment to racial equality, and I know that if Young, Vice President for Development at Council’s South District seat in the 1960s and he were alive today, he would want to join me Concord University; and Roslyn Clark-Artis, 1970s. Bob later provided tremendous assist- in keeping the flame of remembrance alive for Chief Advancement Officer at Mountain State ance in my own campaigns for that same the brave African-American aviators and sol- University. These men and women, and so councilmanic seat in the 1980s and 1990s. diers who fought for their country when their many others, like Thomas Evans, Raleigh Bob was probably most helpful to me during country still denied them equal rights. County educator and principal of Stratton High a very difficult race I had in 1998—my initial As people gather in Colorado Springs at the School and Rev. William Law, founder of the run for the New York State Legislature. Bob Air Force Academy in a few days to rededi- Beckley World Mission, whom both passed was tremendously committed to my success, cate the Tuskegee Airmen Memorial and away recently, have raised the torch that Car- practically leading me from one end of the dis- honor the memory of men like Clarence Shiv- ter T. Woodson lit so many years ago. trict to the other, and his advice and counsel ers, who was not only a member of the unit Too often, the history of black Americans is throughout the campaign was invaluable. but also the sculptor of the memorial, I believe not fully taught or remembered. Let this an- Bob has many political successes to his they should attend this ceremony with the full nual return of black history month spur us all credit, but I suspect that the campaign that he support and appreciation of Congress. to celebrate African-American contributions to was most proud of was the successful cam- Let us also use the occasion of this event the greatness of West Virginia and to com- paign waged by Toni Cudney for Supervisor of to rededicate ourselves to building a nation mend those carrying on this proud tradition of the town of Orchard Park. Orchard Park, long that honors duty, service, and sacrifice and service today. dominated by Republicans, was treated to works for the preservation of civil rights and f Toni’s effective and dedicated stewardship for liberties for all people. eight years as Supervisor, and her campaigns f HONORING THE HUNTINGTON were assisted greatly by Bob’s tireless efforts. JEWISH CENTER CENTENNIAL CELEBRATION OF Older in age and slower of step now, Bob THE TOWN OF BROADWAY, Howard will be feted by family and close NORTH CAROLINA HON. STEVE ISRAEL friends on Sunday, March 4 at the home of OF NEW YORK Toni and Jim Cudney, where a celebration of IN THE HOUSE OF REPRESENTATIVES Bob’s political career will take place. It is alto- HON. BOB ETHERIDGE OF NORTH CAROLINA gether fitting and proper that his work be hon- Wednesday, February 28, 2007 IN THE HOUSE OF REPRESENTATIVES ored in such a way, as Bob’s efforts made Mr. ISRAEL. Madam Speaker, I rise today government work better for local taxpayers, Wednesday, February 28, 2007 to recognize the 100th anniversary of the Hun- homeowners and businesses. Bob’s sole pur- Mr. ETHERIDGE. Madam Speaker, today I tington Jewish Center. In 1907, some of Long Island’s first Jewish pose in his political life was to produce a bet- rise to honor the centennial celebration of the families arrived in the Huntington area bringing ter, stronger and more vibrant community, and town of Broadway, North Carolina, in my con- with them a rich spirit and culture. Their desire all local residents owe him a tremendous debt gressional district. Broadway was settled in to set down roots and to belong to a commu- of gratitude for the tireless dedication he dem- 1870 and became a charter town in Lee nity has led to the creation of one of the na- onstrated over the years. I thank you, Madam County in 1907. When Broadway was settled in 1870 it was tion’s most enduring religious establishments. Speaker, for allowing me the opportunity to an area of houses, a few stores, and small These Jewish families gathered to pray, learn speak today to extol the virtues of Western businesses. Two of the first people to settle in and socialize in the old firehouse on Main New York’s own Bob Howard, and to honor Broadway were Hugh Matthews and Grissom Street and the Huntington Jewish Center was his many contributions to our local community. Thomas, and their descendents still reside born. f there. In March 1905, the Atlantic and West- The current building, located on Park Ave- HONORING THE TUSKEGEE AIR- ern Railroad system connected Broadway to nue was completed in 1961. It was designed MEN AND THE U.S. AIR FORCE other towns and cities throughout the state of to meet the diverse needs of the membership. ACADEMY North Carolina. In 1907 M. A. McLeod became The elegantly modern building houses two the first mayor of the town, followed in 1912 sanctuaries, a Hebrew school and nursery by A. P. Thomas, who established streets and school, a family life center, youth wing, social HON. MARK UDALL street lights in Broadway. The Town’s longest hall, library, meeting rooms and an office. OF COLORADO One hundred years later it is celebrating its IN THE HOUSE OF REPRESENTATIVES serving mayor was Ralph Hunter. He was a write-in candidate in the 1963 election and centennial anniversary. The devotion and Wednesday, February 28, 2007 served until 1993. While under Mayor Hunter’s dedication of its generations of members has Mr. UDALL of Colorado. Madam Speaker, I translated into 100 years of worship in the leadership, Broadway began using a modern rise not only as a Member of Congress but water system as well as a sewage plant that Huntington community. The Huntington Jewish also as a member of the Board of Visitors for Center is now the oldest synagogue in Suffolk was completed in 1986. Mayor Hunter was a the United States Air Force Academy, to ac- dedicated public servant who worked hard for County, in my district, yet it remains a vibrant knowledge the contributions to freedom made spiritual, cultural and social center. the town of Broadway and its residents. by the famous Tuskegee Airmen during World After the tragedy of September 11, 2001 the f War II. city of New York wanted to give back to the HONORING THE LIFE AND POLIT- Each year at the Air Force Academy in Col- country. Organizers planned ‘‘New York loves ICAL CAREER OF BOB HOWARD orado Springs, Colorado, people gather to re- America,’’ a tour of stage actors. It was a member and honor the African-American air- show that made stops in major U.S. cities as HON. BRIAN HIGGINS men, and their families, who sacrificed so well as Broadway, North Carolina. During the much as part of their service in the formation OF NEW YORK performance the organizers gave a fire hat of an all-African-American fighting unit known IN THE HOUSE OF REPRESENTATIVES signed by firemen from New York, former New as the ‘‘Tuskegee Airmen.’’ From across the York mayor Rudy Guliani, and Mayor Michael Wednesday, February 28, 2007 country and all walks of life, these young vol- Bloomberg. It was given to the town and is on Mr. HIGGINS. Madam Speaker, I rise today unteers were trained at the Tuskegee Army display in the Broadway Town Hall. to commemorate the political career of one of Air Field in Alabama. They were among the Madam Speaker, the town of Broadway has Western New York’s most colorful and most most decorated and successful fighter pilots in always been dear to my family since it is the effective political leaders—Robert ‘‘Bob’’ How- American history. hometown of my lovely wife, Faye Etheridge. ard, of the town of Orchard Park. My father, Mo Udall, also served in the U.S. It is fitting that we take a moment today to Bob Howard is a dear friend of many years Army Air Corps during World War II. He was honor the centennial celebration of the town of standing—so many years, in fact, that Bob’s not engaged with the Tuskegee Airmen, but Broadway.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00225 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5018 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 28, 2007 TRIBUTE TO MS. DESIREE sional Volunteer Recognition Award by the Captain Seibert was awarded the Purple PILGRIM-HUNTER Second Congressional District of Maryland’s Heart, the Navy and Marine Corps Com- Veterans Advisory Group. mendation Medal, the Navy and Marine Corps HON. JOSE´ E. SERRANO Mr. Hawkins coordinates scheduling, main- Achievement Medal, and numerous other mili- OF NEW YORK tains vehicles and manages volunteer drivers tary awards for his service to our country. He who drive Disabled American Veterans vans, will be remembered for his bravery and dedi- IN THE HOUSE OF REPRESENTATIVES pick up veteran patients and transport them to cation. Wednesday, February 28, 2007 the Glen Burnie Community Based Outpatient On behalf of my family, the Fourth Congres- Mr. SERRANO. Madam Speaker, as we Clinic. He continually solicits new volunteer sional District of Pennsylvania, and the U.S. give pause to commemorate the innumerable drivers, maintains driving records and files all House of Representatives, I extend our heart- contributions that African Americans have— reports required by the U.S. Department of felt sympathy and eternal gratitude to Captain and continue to make—to our Nation, it gives Veterans Affairs. Siebert’s family. Our thoughts and prayers are me great pleasure to rise in honor of a Bronx Mr. Hawkins, despite the challenges, effec- with his wife, Darcy, two young children, Alicia activist, organizer and impassioned voice for tively manages the maintenance and rotation and Nicholas, as well as two sisters, a brother, community empowerment, Ms. Desiree Pil- of an aging transportation fleet for veterans. and his parents, Thomas and Dorothy Siebert. grim-Hunter. He ensures that volunteer drivers are available f Born in London, England, by the age of on a moment’s notice for veterans’ transpor- twenty, Ms. Pilgrim-Hunter had lived in six tation requests. In addition to driving a regular IN RECOGNITION OF COLONEL countries across Europe, Africa and North shift himself, he never hesitates to cover un- CHRISTOPHER E. HOLZWORTH IV, America. The roots of Ms. Pilgrim-Hunter’s ac- scheduled driving assignments. He has signifi- UNITED STATES MARINE CORPS tivism in the Bronx date back to 1995, when cantly improved the efficiency and effective- she first attended community meetings sur- ness of the Disabled American Veterans’ HON. JEFF MILLER rounding the redevelopment of the transportation operations by automating the OF FLORIDA Kingsbridge Armory in the Bronx. In the twelve driver management procedures. Upon receipt IN THE HOUSE OF REPRESENTATIVES years since first taking an interest in this of a veteran’s request for transportation assist- Wednesday, February 28, 2007 project, Ms. Pilgrim-Hunter’s passion for the ance, he confirms the request with the Depart- Armory has resulted in her emergence as a ment of Veterans Affairs and provides the vet- Mr. MILLER of Florida. Madam Speaker, on local leader on the issue. eran with a reminder phone call with pick up behalf of the United States Congress, it is an In January of 2006, Ms. Pilgrim-Hunter confirmation. honor for me to rise today to congratulate began to lead Community Action Meetings in Mr. Hawkins truly has the ability to commu- COL Christopher E. Holzworth IV on a suc- her Fordham Hill neighborhood regarding the nicate with veteran patients in a very caring cessful tour as the Commanding Officer of redevelopment plans, and later that year she and compassionate way. It would be hard to MATSG–21 in Pensacola, Florida. He as- participated in the Kingsbridge Armory Rede- find an individual that contributes more than sumed command in July of 2005, and will be velopment Alliance’s Community Forum. Ms. Mr. Hawkins to guarantee the success of the relieved in August of this year. Pilgrim-Hunter was present when New York Disabled American Veterans’ transportation During his tour I had the pleasure of inter- City Deputy Mayor Daniel Doctoroff an- program. acting with the Colonel on numerous occa- nounced the formation of the Kingsbridge Ar- Madam Speaker, I ask that you join with me sions. ‘‘Caveman,’’ as he prefers to be called, mory Task Force, and not long after this an- today to honor Tommie Hawkins. He is a re- was kind enough to invite me to lunch at his nouncement, Ms. Pilgrim-Hunter was invited to markable volunteer for Maryland’s veterans. command and educate me on the training of serve on the Task Force as my Community Through his tireless efforts, he has helped our young Marines. These young men and Representative. hundreds of veterans receive their medical women are preparing for combat against our In addition to her work around the Armory, care from the Department of Veterans Affairs. Nation’s enemies and Caveman does not let over the years, Ms. Pilgrim-Hunter has also He has gone above and beyond the call of them forget it. been an advocate for issues ranging from fair duty to aid those who have dedicated their I was especially impressed with his initiative labor standards to improving Bronx public lives to serve our great country. to have the MATSG students drive Humvees schools; she has even founded a group known f on Naval Air Station Pensacola so they could as Concerned Shareholders of Fordham Hill— better prepare for their follow-on assignments a coalition of area residents organized around IN HONOR OF CAPTAIN TODD M. in Iraq. Caveman’s performance as the senior the idea of ensuring that their building man- SIEBERT Marine onboard the Air Station during Presi- agement company acts in the best interest of dent Bush’s November 2006 visit was nothing its tenants. HON. JASON ALTMIRE short of remarkable, and his work with the Madam Speaker, the esteemed author Alice OF PENNSYLVANIA White House staff and my staff resulted in a Walker writes, ‘‘The most common way people IN THE HOUSE OF REPRESENTATIVES flawless visit. Although Caveman is not originally from give up their power is by thinking they don’t Wednesday, February 28, 2007 have any.’’ On behalf of the many individuals Pensacola, our residents will gladly claim him in the Bronx who look to Ms. Pilgrim-Hunter to Mr. ALTMIRE. Madam Speaker, I rise today as one of their own. He was raised in Ft. Lau- provide leadership, I am very proud to be able to honor Captain Todd M. Siebert, a Marine derdale, Florida and after graduating from the to acknowledge and honor the power, convic- who was killed while on active duty in Iraq on University of Virginia, he attended Marine tion, and selflessness behind Ms. Pilgrim- February 16, 2007. As a member of the 3rd Corps Officer Candidate School, OCS, and Hunter’s continuing efforts to advance mean- Battalion of the 6th Marines, he was on patrol was commissioned a Second Lieutenant in ingful social change in the Bronx. I am there- in Al Anbar Province when his armored mili- April 1983. Upon completing The Basic fore pleased to recognize Ms. Desiree Pilgrim- tary vehicle was hit with an unidentified explo- School, he reported to Naval Air Training Hunter. sive device. A veteran of Afghanistan, he had Command, Pensacola, FL, and was des- f served only six weeks in Iraq and was expect- ignated a Naval Aviator in 1985. ing his 35th birthday next month. He had served in numerous operational and HONORING TOMMIE HAWKINS Captain Siebert was born and raised in staff positions, including: a November 1990 Franklin Park, Pennsylvania and graduated deployment for ‘‘Operations Desert Shield/ HON. C.A. DUTCH RUPPERSBERGER from North Allegheny High School. He joined Storm,’’ as well as counterinsurgency oper- OF MARYLAND the Junior Reserve Officer Training Corps pro- ations in Southwest Asia, and an August 1994 IN THE HOUSE OF REPRESENTATIVES gram while in high school and enlisted in the deployment for ‘‘Operations Uphold Democ- Army soon after he graduated. He later joined racy/Support Democracy’’ in Cape Haitian, Wednesday, February 28, 2007 the Marines and received his commission from Haiti. Mr. RUPPERSBERGER. Madam Speaker, I the Marine Corps in 1999 when he graduated Colonel Holzworth received his Master’s in rise before you today to honor Tommie Haw- from Penn State University with a degree in National Security and Strategic Studies in No- kins, who was awarded the 2006 Congres- criminal justice. vember of 2003, and from November of 2003

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00226 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5019 to June of 2005, he served as Expeditionary ON THE INTRODUCTION OF THE whom the military health care system con- Policy Branch Head, Operations Division, for REVISED ‘‘KEEP OUR PROMISE tinues to be broken. While the Tricare system the Plans, Policies and Operations Depart- TO AMERICA’S MILITARY RETIR- works well for many military retirees, some ment of Headquarters Marine Corps. EES ACT’’ AND THE NEW ‘‘KEEP- younger retirees, especially those under age Colonel Holzworth was selected for com- ING FAITH WITH THE GREATEST 65 who do not yet qualify for TFL, still do not mand of MATSG–2l in summer 2004 and was GENERATION MILITARY RETIR- have access to promised—and earned— promoted to his present rank in January 2005. EES ACT’’ health care. Many military facilities will not His personal decorations include the De- treat military retirees on a timely basis, if at all, fense Meritorious Service Medal, Meritorious HON. CHRIS VAN HOLLEN and many continue to have difficulty finding Service Medal with 2 gold stars, Air Medal OF MARYLAND private doctors who participate in Tricare with numeral ‘‘1,’’ Navy/Marine Corps Com- IN THE HOUSE OF REPRESENTATIVES Standard. mendation Medal with gold star, and the Navy/ Wednesday, February 28, 2007 And even though TFL addressed the health Marine Corps Achievement Medal. care needs of Medicare-eligible retirees over Mr. VAN HOLLEN. Madam Speaker, today, age 65, there remained an outstanding broken Caveman has served the United States Ma- with my colleagues CHET EDWARDS, JEFF MIL- promise to a class of the most elderly retirees rine Corps and his country well since his com- LER and WALTER JONES, I am re-introducing from the World War II and Korean War eras. missioning in 1983, and he has made the the Keep Our Promise to America’s Military These military retirees joined the service Northwest Florida community proud. Vicki and Retirees Act, a bill to fulfill promises made to under one set of rules with a promise and ex- I wish him the best of luck in his future assign- young men and women when they entered the pectation that fully paid health care would be ment. On behalf of the United States Con- service that quality health care would be avail- theirs upon retirement, but when they retired gress and the residents of Pensacola, I wish able to them when they retired after a career they discovered that intervening laws forced to thank Colonel Holzworth for his service and in uniformed service to their country. In addi- them to operate under a different set of rules lastly, ‘‘Semper Fidelis.’’ tion, we are introducing a new bill, the Keep- that took away that promised care. Many of ing Faith with the Greatest Generation Military them were forced to expend significant life f Retirees Act, legislation addressing a specific savings on health care and they believe that obligation Congress has to military retirees the government literally owes them. A breach- TRIBUTE TO SISTER ALICIA who entered the uniformed services prior to FLORENCE ALLICK-GOUDIE of-contract lawsuit filed by some of these pre- 1956 under one set of rules but retired under 1956 retirees went all the way to a Federal a different set of rules that stripped them of Appeals court, which ruled in 2003 against the ´ health care that had been provided routinely to HON. JOSE E. SERRANO plaintiffs on a technicality but made it clear them. It was this class of military retirees for OF NEW YORK that the plaintiffs had a legitimate moral claim: whom a Federal Appeals Court cited the moral IN THE HOUSE OF REPRESENTATIVES Accordingly, we must affirm the district obligation of Congress to address a remedy. court’s judgment and can do no more than Wednesday, February 28, 2007 America’s military retirees and their families hope Congress will make good on the prom- have sacrificed much for their nation. The last ises recruiters made in good faith to plain- Mr. SERRANO. Madam Speaker, in mem- thing they need is to contend with the govern- tiffs and others of the World War II and Ko- ory of so many distinguished Black leaders in ment’s failure to deliver health care that was rean War era—from 1941 to 1956, when Con- our nation’s history who migrated to the United promised and earned. For generations, military gress enacted its first health care insurance States from the islands of the Caribbean, I rise recruits were told they would receive health act for military members, excluding older re- today in recognition of Sister Alicia Florence care at military facilities when they retired, and tirees.... Allick-Goudie—a selfless individual of unwav- for generations this was routinely the case. We cannot readily imagine more sympa- ering faith in the importance of community, thetic plaintiffs than the retired officers of However, beginning in 1956 laws and adminis- the World War II and Korean War era in- education and family. trative policies gradually made this care less volved in this case. They served their coun- Born and raised in St. Thomas of the U.S. available, so that ultimately many military retir- try for at least 20 years with the under- Virgin Islands, Sister Goudie came to New ees had no access to health care under the standing that when they retired they and York City as a fifteen-year-old in 1965. Attend- military system. Military downsizing made ac- their dependents would receive full free ing Louis D. Brandeis High School and later cess to military bases more difficult for retir- health care for life. The promise of such Medgar Evers College, Sister Goudie’s early ees, military treatment facilities were no longer health care was made in good faith and re- academic pursuits gave rise to a lifelong com- required to provide—and in some cases lied upon. Again, however, because no au- stopped providing—retiree health care, and thority existed to make such promises in the mitment to fostering intellectual growth in oth- first place, and because Congress has never ers—evidenced by her work as an educator in many retirees who could not get care at mili- ratified or acquiesced to this promise, we the New York City public school system, local tary bases could not find private doctors will- have no alternative but to uphold the judg- Head Start Programs, and her church’s Voca- ing to participate in the off-base plan known ment against the retirees’ breach-of-contract tional Bible and Sunday Schools. as Tricare Standard. claim. . . . In addition to Sister Goudie’s teaching work, The original version of the Keep Our Prom- Perhaps Congress will consider using its ise to America’s Military Retirees Act was in- legal power to address the moral claims she has also demonstrated an abiding dedica- raised by [the plaintiffs] on their own behalf, tion to civic participation. A member of both troduced in 1999, with two legislative goals: To ensure that military retirees under age and indirectly for other affected retirees. Community Board 11 and the New York City 65 who were ill-served by the Tricare military Recent versions of the Keep Our Promise to Police Department’s 25th Precinct since 1996, health care system could have the option to America’s Military Retirees Act have enjoyed Sister Goudie has received numerous acco- enroll in the Federal Employees Health Benefit strong support in Congress. Most recently it lades and held several positions of responsi- (FEHB) plan; and had 260 bipartisan cosponsors in the 109th bility—currently she is the Sergeant-of-Arms To ensure that military retirees who qualify Congress. The bill addressed the ongoing bro- for the 25th Police Precinct through 2008. for Medicare (generally those over age 65) ken promises to military retirees with two main One constant theme throughout Sister would retain coverage under the military sys- legislative provisions: Goudie’s life has been her deep spiritual con- tem, just as federal civilian retirees could re- As with the original version of the bill, the viction. After joining the Third Moravian tain FEHB coverage as a second payer. bill in the 109th Congress offered military retir- Church, which later became United Moravian One year later Congress authorized the pro- ees under age 65 who were ill-served by the Church, Sister Goudie became an active gram known today as Tricare for Life (TFL) in Tricare military health care system the option member of the Usher Board, the Intermediate the FY2001 National Defense Authorization to enroll in the Federal Employees Health Choir, the Liturgical Dance Group and the Mo- Act. TFL was a major victory for Medicare-eli- Benefit (FEHB). The FEHB provision offered a ravian Community Center. gible military retirees, offering Defense Depart- proven and effective health care option that Madam Speaker, for her deeply rooted de- ment coverage as a second payer to Medi- can take effect very quickly without creating a votion to improving the lives of those around care. new bureaucracy; and her, it gives me great pleasure to recognize Unfortunately, Congress did not address the Addressed Congress’ moral obligation to Sister Alicia Florence Allick-Goudie. needs of other groups of military retirees for make good on broken promises to the pre-

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Madam Speaker, I honor my good friend, Richard Linsday, who is vision prevented the bill from moving forward. rise today to honor Mr. Harold Y. Pyon upon being recognized this week at the American Many Members of Congress believed we had receiving the honorable Suk Ryu Award from Heart Association’s Ventura County Gala as addressed the health care needs of elderly the Republic of Korea. its 2007 Honoree. military retirees by enacting TFL in the The Honorable Suk Ryu Award is presented Richard Linsday is a retired U.S. Marine FY2001 defense bill, and even if the Federal from the Office of the President Roh Moo- Corps major who incorporates the Marine atti- Court had rightfully noted that Congress need- hyun to an individual who through community tude of the impossible only takes a little longer ed to further address broken promises to the service and outreach most helps in the assimi- in everything he does. He has helped the most elderly military retirees, the federal budg- lation of Korean Americans into the main- American Heart Association with that attitude et simply could not accommodate exempting stream population of the United States. It is for more than twenty years. Over the years he one and one-half million military retirees, given annually to a Korean American dem- has chaired many Heart Association commit- spouses and dependents from paying Medi- onstrating this type of dedication to his com- tees in Ventura and Los Angeles Counties and care Part B premiums. munity. currently serves as a member of the Associa- tion’s Ventura County Division Board of Direc- In addition to the cost issue, there remained Mr. Pyon has a long and distinguished ca- tors. another significant legislative hurdle for the reer of service to his community, the Repub- It is appropriate that Richard is being hon- Keep Our Promise Act. Because of its impact lican Party, and the United States. Mr. Pyon ored by the American Heart Association at its on the delivery of health care generally and its started his career as a medic and medical lab- Ventura County Gala, which has been de- direct impact on three different health care oratory specialist in the 15th Combat Support scribed as an event dedicated to the ‘‘celebra- systems—Tricare, FEHB and Medicare—the Hospital in Ft. Belvoir, Virginia. After that, he tion of life,’’ because Richard is the epitome of bill was referred to four separate congres- went on to receive his B.S. in chemistry from the celebration of life. sional committees, which makes consideration Virginia Commonwealth University and com- In addition to his service in the Marines, and passage of any legislation much more dif- pleted his M.S. in chemical engineering from Richard has built a successful career in the fi- ficult. the University of Virginia. After a stint in the nancial services industry, including positions An old axiom says that ‘‘politics is the art of private sector as a technical services manager as executive vice president and general man- the possible.’’ We hope this year to prove that and Vice President of a real estate company, ager of major financial companies. He has axiom right, by dividing the Keep Our Promise Mr. Pyon moved on to work in the public sec- since opened his own firm, Planned Estate Act into two distinct pieces of legislation, to tor as a supervisory examiner in the Patent improve the chances that at least one of the Services, based in my congressional district. and Trademark Office. Currently, he is de- Richard is an adjunct professor of finance at bills’ legislative provisions can soon become tailed to the U.S. Department of Commerce, law. California State University, Northridge, and sits Technology Administration as a senior advisor on the Board of Advisors to the university’s So today we are introducing a revised Keep to the Under Secretary. School of Business. In addition to receiving Our Promise to America’s Military Retirees Outside of his professional role, he has a numerous professional awards, he has au- Act, which has the sole purpose of offering the long record of public service. Mr. Pyon has thored two books. FEHB options to military retirees so they have served on the Board of Directors of the Fairfax Aside from his dedication to the American a way to get quality health care underwritten County Economic Recovery Commission, the Heart Association, Richard donates his time, by the U.S. government if the military health Annandale Chamber of Commerce, the Fairfax energy, and resources to many other nonprofit care system doesn’t work for them. This is a County Park Authority Board, the Fairfax organizations, including one founded by a fel- legislative remedy that keeps the govern- County Small Business Commission and as a low Marine officer, Devil Pups. ment’s promise that military retirees will have member of the American Heart Association. At the same time he is a loving and devoted quality health care without creating a new bu- Also, he has been active in fundraising efforts husband to his wife of twenty-seven years, reaucracy. on behalf of the Muscular Dystrophy Associa- Laura, and their children, Heather and Bran- We are also introducing a new companion tion, the American Heart Association, the don. measure, the Keeping Faith with the Greatest American Leukemia Association, the Korean Madam Speaker, I know my colleagues will Generation Military Retirees Act, which fulfills American Community Service Center, and the join the American Heart Association and me in the country’s moral obligation to the most el- Korean American Foundation. honoring Richard H. Linsday for his dedication derly military retirees for whom the rules were Additionally, Mr. Pyon has been active in and contributions to his community and nation changed in the middle of the game and to through his tireless efforts and can-do attitude. whom we continue to owe back debts. supporting the Republican Party through his roles as chairman of the Korean American Re- f While the financial cost of this bill is high, publican Party, chairman of the Springfield dis- the moral costs of not enacting it are far high- HONORING DR. LINDA trict for the Fairfax County Republican Party, er. It is our hope that this bill will get the hear- CUNNINGHAM and vice chair of the Fairfax County Repub- ing it deserves and that Congress will ac- lican Party. knowledge its moral obligation that was made A further demonstration of his commitment HON. MICHAEL C. BURGESS so clear by the Federal Courts. OF TEXAS to the Korean community was shown through Madam Speaker, today we set a course that IN THE HOUSE OF REPRESENTATIVES we believe is politically viable—the art of the his efforts encouraging the passage of H. Res. possible. Our new legislation has significant 487 and S. Res. 283 supporting the designa- Wednesday, February 28, 2007 revisions that will rectify injustices and hard- tion of a Korean American Day. Mr. BURGESS. Madam Speaker, I rise ships for America’s greatest heroes that we Madam Speaker, in closing, I would like to today to honor Dr. Linda Cunningham as the have allowed to fester for far too long. This is commend and congratulate Mr. Harold Y. Fort Worth/Tarrant County Minority Leaders the year we can and must make health care Pyon for being awarded the Honorable Suk and Citizens Council Outstanding Woman of available to many military retirees for whom Ryu Award in recognition of these numerous the Year. the military health care system is broken. This efforts. I call upon my colleagues to join me in In light of Women’s History Month, Dr. is the year we must Keep Our Promise to the applauding Harold for his tireless work for Cunningham will be honored at a reception in America’s Military Retirees. the Korean American community. Fort Worth for her many accomplishments and

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As the adjunct assistant professor of pa- affecting minority communities, and able to ordination until after the patient has experi- thology and anatomy, her intelligence and de- claim both publication and research resumes enced kidney failure and is already undergoing votion to the field of science and medicine has that are quite extensive, Dr. Lantigua has dialysis. proven her to be an outstanding professor and struck a remarkable balance between his pro- To remedy this situation, we are introducing mentor. fessional and civic life—this perhaps best evi- the Kidney Disease Education Benefits Act of Hattitude began in 2001 as a Fort Worth denced by the numerous board memberships 2007 to make counseling available to patients Public Library event and has grown into a city- he has maintained over the years. Dr. before they begin dialysis. This is a top Na- wide celebration every March in honor of Lantigua is cofounder and board chair of tional Kidney Foundation legislative priority. Women’s History Month. The mission of Alianza Dominicana, Inc., as well as board Our bill would provide reimbursement for an Hattitude is ‘‘to celebrate Women’s History chair of the Northern Manhattan Coalition for estimated $10 million per year for up to six Month with a tip of the hat to women for all Immigrant Rights. In addition, he has served educational sessions for Medicare patients. the roles they play, their accomplishments, on the boards of such organizations as the These sessions would be offered 1 year prior and their invincible spirit,’’ and I am very Puerto Rican Legal Defense Fund, the Latino to kidney failure to help prevent renal failure, pleased that Dr. Cunningham will be recog- Commission on AIDS, the Puerto Rican/His- better prepare these patients for dialysis, and nized at this event for her community leader- panic Institute for the Elderly, the National His- save Medicare costs that can be associated ship and service. panic Leadership Agenda, and The Dorothy with complications resulting from renal failure. As a University of North Texas alumnus, it Blumberg Community Fund—just to name a Kidney disease cannot be reversed, but, is with great honor that I am able to congratu- few. with appropriate education, its effects can be late Dr. Linda Cunningham on her exceptional Madam Speaker, I stand before you in rec- slowed, improving the quality of life for renal honor as Outstanding Women of the Year. ognition of a coalition builder in our commu- patients and reducing costs to taxpayers. I She is an inspiration and a role model to nity; a man whom I have known and held in would like to thank Congressman MCDERMOTT many, and I am proud to represent her in high regard for over three decades. In asking for joining me in the fight against kidney dis- Congress. that my colleagues join me in paying tribute to ease. I look forward to working with him and f a true humanitarian in Dr. Rafael A. Lantigua, my other colleagues on this important initia- I do so not only on behalf of myself, but also tive. TRIBUTE TO DR. RAFAEL A. on behalf of countless Latinos both in New f LANTIGUA York and in the Dominican Republic—women, men, and children whose lives Dr. Lantigua HONORING GEORGE BARNES HON. JOSE´ E. SERRANO has in some way touched—and who look OF NEW YORK upon his career as a shining illustration of the HON. JOHN J. DUNCAN, JR. IN THE HOUSE OF REPRESENTATIVES myriad ways that Dominicans have enriched OF TENNESSEE Wednesday, February 28, 2007 us all and become integral to American soci- IN THE HOUSE OF REPRESENTATIVES ety. Wednesday, February 28, 2007 Mr. SERRANO. Madam Speaker, I am hon- f ored to rise in recognition of a giant in the Do- Mr. DUNCAN. Madam Speaker, on Satur- minican community of New York—and, I am INTRODUCTION OF KIDNEY DIS- day, March 3rd, the Knox County Republican proud to say—a close personal friend of many EASE EDUCATION BENEFITS ACT Executive Committee will honor George years, Dr. Rafael A. Lantigua. Both admired Barnes, one of its greatest leaders. for the brilliance he has demonstrated as a HON. MARK STEVEN KIRK George was born on September 21, 1923, medical professional, and deeply respected for OF ILLINOIS in Sevier County, Tennessee, and graduated his lasting dedication to empowering minority IN THE HOUSE OF REPRESENTATIVES from Sevier County High School. communities, Dr. Lantigua’s career exemplifies He then graduated from the University of the manner in which members of the Domini- Wednesday, February 28, 2007 Tennessee and had a distinguished career at can community are strengthening the social Mr. KIRK. Madam Speaker, today, I am in- Robertshaw Controls Corp. for almost 40 fabric of our Nation. troducing the Kidney Disease Education Bene- years. Dr. Lantigua emigrated to the U.S. in 1972, fits Act. As co-Chairman of the Congressional He was active in the Society for the Ad- upon graduation from the Medical School of Kidney Caucus, I am proud to join with my fel- vancement of Management and the South Santo Domingo’s Universidad Autonoma. Ar- low Kidney Caucus co-Chairman, Congress- Knoxville Optimist Club. He has been a mem- riving in New York, Dr. Lantigua trained in In- man JIM MCDERMOTT (D–WA) to introduce this ber of Meridian Baptist Church for over 50 ternal Medicine and Endocrinology from 1973 important initiative. years. to 1979, first at Lincoln Hospital in the Bronx— Each year, some 80,000 people are diag- He has been a longtime member of the where he was named Chief Medical Resident nosed with End-Stage Renal Disease. This Knox County Republican Executive Committee in 1976—and later, at the School of Medicine stage of kidney disease occurs when the kid- and was president of the South Knoxville Re- at the University of Rochester. Returning to neys function at less than 10 percent and, as publican Club and chairman of the 27th Pre- New York City in 1980, Dr. Lantigua accepted a result, are no longer able to maintain life. cinct. appointments as Assistant Professor of Clin- Patients with kidney disease require regular Senator Ben Atchley has credited George ical Medicine at the College of Physicians and kidney dialysis treatments or a transplant to Barnes as being the person who talked him Surgeons of Columbia University, as well as survive. Medicare pays for most renal patients into staying in the legislature as long as he Assistant Attending Physician at Columbia- at the cost of $20 billion a year, nearly 7 per- did. Presbyterian Hospital. cent of all Medicare expenditures, despite the Some people get into politics only for them- In 1993, Dr. Lantigua became Director of fact that the kidney disease population rep- selves. George Barnes has unselfishly worked the General Medicine Outpatient Services divi- resents just 1.1 percent of all Medicare pa- for almost all Republican candidates and office sion of New York Presbyterian Hospital; and in tients. holders over his active career. 1994, he rose to the rank of Professor of Clin- Complications associated with kidney dis- Working alongside him and supporting him ical Medicine at Columbia University’s College ease are common, but can be reduced if ap- in every way has been his wife, Flo. They are of Physicians and Surgeons—appointments propriate education is provided prior to the the proud parents of two daughters, Elizabeth, Dr. Lantigua has retained to this day. In all, onset of renal failure. There are a number of a speech pathologist for the Oak Ridge Dr. Lantigua has held nearly three dozen aca- steps chronic kidney disease patients can take Schools, and Jean, a lawyer in Brentwood. demic, hospital and committee appointments to reduce renal failure and better prepare George Barnes is honest, ethical, hard- since 1975, and has been the recipient of well themselves for dialysis, including making life- working, patriotic, and above all else, kind. He

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has touched thousands of lives in good and As many of my colleagues know, U.S. in- Committee, Chairwoman STEPHANIE TUBBS- positive ways. vestors throughout the country lost approxi- JONES of Ohio on the Committee on Stand- He is a truly great American and this Nation mately $6 billion when the Russian govern- ards of Official Conduct and Chairman is a better place because of the life he has ment effectively re-nationalized Russia’s larg- CHARLES RANGEL from my home state of New led. est privately-owned energy company, Yukos, York on the Committee on Ways and Means. f and expropriated its assets without compensa- I am grateful to be serving in this body with tion to its owners or shareholders. such distinguished colleagues. COMMENDING THE PASSING OF Now, for the first time since the Russian I hope you will all join me today on this the H.R. 556 government’s expropriation without compensa- last day of February in recognizing and hon- tion of Yukos, and President Vladimir Putin’s oring the profound contributions of African HON. DARRELL E. ISSA ruthless strategy of using Russian energy as- Americans to the United States of America. OF CALIFORNIA sets to apply economic and political pressure f IN THE HOUSE OF REPRESENTATIVES on neighboring countries and the West—in- INTRODUCING THE NATIONAL UN- Wednesday, February 28, 2007 cluding the disruption of oil and gas supplies— DERGROUND RAILROAD NET- Mr. ISSA. Madam Speaker, today, the U.S. the Congress has recognized that if the Rus- WORK TO FREEDOM REAUTHOR- House of Representatives unanimously sian Government or its subsidiary companies IZATION ACT passed H.R. 556, which reforms and modern- seek to acquire critical U.S. energy infrastruc- izes the process by which the Committee on ture, Russia’s coercive energy policies and its HON. ALCEE L. HASTINGS Foreign Investment in the United States re- potential threat to the energy security of the OF FLORIDA views national security issues pertaining to for- United States must be considered as part of IN THE HOUSE OF REPRESENTATIVES eign acquisitions. the CFIUS review process. I commend the bipartisan House Financial The National Security Foreign Investment Wednesday, February 28, 2007 Services Committee for putting together a Reform and Strengthened Transparency Act of Mr. HASTINGS of Florida. Madam Speaker, strong bill that encourages and respects a 2007 strikes the right balance. It strongly en- I rise today to introduce the National Under- general policy of openness toward foreign in- courages foreign investment in the United ground Railroad Network to Freedom Reau- vestment, but also protects our national secu- States without unnecessary and reasonable thorization Act. I would first like to thank the rity from new threats in a post 9–11 world. restrictions by companies that engage in re- numerous colleagues that have joined me in This legislation makes clear that in review- sponsible commercial activities and practices. prioritizing this legislation as original cospon- ing foreign government acquisitions of critical However, H.R. 556 also makes it clear that sors, especially my colleague from Delaware, U.S. energy infrastructure, such as pipelines energy-related infrastructure is critically impor- Representative CASTLE, and the National and Liquefied Natural Gas (LNG) facilities, the tant to our national security, and those compa- Parks Conservation Association for its en- United States will not turn a blind eye to for- nies that wish to acquire our infrastructure dorsement of this legislation. eign governments that use energy assets as a must adhere to internationally recognized Our Nation’s history is in peril when funding political, economic or foreign policy weapon. standards of commercial conduct. for our national parks is in peril. We must As the Committee’s report states, we expect f guarantee our future generations will be able ‘‘. . . that acquisitions of U.S. energy compa- to experience the critical journey of sacrifice nies or assets by foreign governments or com- IN CELEBRATION OF BLACK and triumph that has empowered African- panies controlled by foreign governments—in- HISTORY MONTH Americans and shaped the history of this Na- cluding any instance in which such foreign tion. government has used energy assets to inter- HON. STEVE ISRAEL In pursuit of this charge, the National Park fere with or influence policies or economic OF NEW YORK Service has emerged as one of the largest conditions in other countries in ways that IN THE HOUSE OF REPRESENTATIVES stewards of black history in the United States. threaten the national security of those coun- The National Underground Railroad Network Wednesday, February 28, 2007 tries—will be reviewed closely for their na- to Freedom was established in 1998 and has tional security impact. If such acquisitions Mr. ISRAEL. Madam Speaker, I rise today served as a tremendous historical resource raise legitimate concerns about threats to U.S. to celebrate the vast contributions that past throughout our national parks. The Network to national security, appropriate protections as and present African American leaders have Freedom encompasses over 250 programs, set forth in the statute should be instituted in- made to our country. As February and Black sites, and partners in over 27 states and the cluding potentially the prohibition of the trans- History Month come to a close, it is time for District of Columbia. This unique network is a action.’’ us all to reflect on the crucial role that African phenomenal national resource in its preserva- Unfortunately, recent actions on the part of Americans have played in this great nation. tion of historic buildings, routes, programs, the government of Russia demonstrate why As we commemorate the achievements of projects, and museums with thematic connec- such protections are needed. One need only African American leaders, we must remember tions to the Underground Railroad. As the only ask officials in the Ukraine, Lithuania, Belarus, the efforts of their predecessors who dedi- national program dedicated to the preserva- Georgia and many countries throughout Eu- cated their entire lives to opening the doors for tion, interpretation, and dissemination of Un- rope whether the Russian government— those that followed. If it were not for the com- derground Railroad history, this network is a through its state-owned oil monopoly, Rosneft, mitment of civil rights leaders like Dr. Martin vital asset to the National Park System. and gas monopoly, Gazprom—uses its energy Luther King Jr., Rosa Parks, Medgar Evers Madam Speaker, my esteemed former col- assets to ‘‘interfere with or influence policies and countless others, today’s accomplish- league Congressman Louis Stokes estab- or economic conditions’’ in their countries. If ments may not have come to fruition. Their lished the Network to Freedom with a bipar- Gazprom or Rosneft tries to acquire critical diligence and bravery paved the way for future tisan coalition to preserve American history. In energy infrastructure here in the United African Americans and for that they deserve 1998, his legislation passed the house with States, the CFIUS review process should our deep recognition and praise. only two dissenting votes. With such over- carefully review the acquisition in order to de- Standing here today, I am honored to serve whelming support, it is only right that we honor termine the impact on our own national secu- in this historic 110th Congress particularly be- the congressional mandate set forth by the es- rity, and I commend the bipartisan authors of cause we have a record number of African tablishing legislation. this legislation for demanding nothing less. Americans holding leadership positions. As a Honoring this legislation will require con- I commend the Financial Services Com- Democrat, I am proud to have Representative certed action to overcome the funding chal- mittee for recognizing that the reforms and JAMES CLYBURN serving as the Majority Whip lenges that threaten all national parks. In fact, procedures detailed in H.R. 556 ‘‘stand in making him the highest ranking African Amer- recent National Park Service financial projec- stark contrast to actions taken by some for- ican in Congressional history. tions show the Network to Freedom budget re- eign governments, where expropriations of as- Additionally, we are privileged to have ducing by 72 percent by the year 2011. This sets, often in the energy sector, have occurred Chairman BENNIE THOMPSON of Mississippi of vital asset will diminish without adequate fund- arbitrarily, without justification, and without rec- the Homeland Security Committee, Chairman ing for staff and operations to coordinate ef- ompense for U.S. investors.’’ JOHN CONYERS of Michigan on the Judiciary forts, as well as additional oversight of grants

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00230 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5023 for site development. The National Under- America’s southern border. The highest levels time and money to the Marines’ ‘‘Toys for ground Railroad Network to Freedom Reau- of the U.S. military leadership have recognized Tots’’ program, the St. Francis Home for the thorization Act calls for a modest $2 million in and honored the service of Alabama’s Air Na- Homeless, the Delaware Valley Veterans funding to resolve the financial burdens that tional Guard. The Guard has received numer- Home and the Scotland School for Veterans’ threaten the existence of the Network to Free- ous Flight Safety awards from the Air Force Children. dom. Importantly, this legislation also main- Air Combat Command and the Air National With great pride, the Bensalem VFW Post tains the $500,000 in grants that have been Guard for its safety record, and it has also publicly commemorates our fallen soldiers and previously authorized for Network to Freedom been recognized by Air Combat Command all members of the military, thanking them for site and program development. This funding and the 9th Air Force Inspector General for their commitment and devotion to defending will allow Network to Freedom staff to pursue excellence during Operational Readiness In- our country. Each Memorial Day, members as- and fulfill their Congressional mandate ‘‘to spections and Unit Compliance Inspections sist in the placement of thousands of Amer- honor and interpret the history of the Under- over the last two decades. ican flags and markers at grave sites. But ground Railroad.’’ The dedication of the men and women of more generally speaking Madam Speaker, the Madam Speaker, I am confident that this bill Alabama’s Air National Guard, as well as the members of the Bensalem VFW Post exem- will protect the interpretive interests of our Na- vision and leadership of the officers in charge, plify the commitment to public service that is tional Park System by providing the necessary has brought honor to the Guard, their fellow at the core of our shared American values. support staff and oversight for the Network to Alabamians, and fellow Americans. They and They serve as an inspiration to the rest of the Freedom to exist in perpetuity. As my distin- their families have sacrificed a great deal. community, and a reminder that we are all in- guished former colleague Senator Carol It is an honor for me to rise today and rec- debted to the brave men and women who Mosley-Braun so eloquently observed in her ognize the brave men and women of Amer- gave their lives before us. Madam Speaker, introduction of the companion establishing leg- ica’s armed forces, and in particular, the brave on behalf of the Bensalem community, it is my islation in the Senate, ‘‘This bill helps to pre- men and women of Alabama’s Air National honor to recognize the Harry T. Clunn Memo- serve the structures and artifacts of an orga- Guard. May their dedication to the cause of rial Post 9220. nized resistance movement for freedom.’’ I freedom be an example to their families, f urge my colleagues to join me in preserving friends, neighbors, and citizens throughout CONGRATULATING ALEXANDROS the history of the Underground Railroad so Alabama and across the United States of MALLIAS, AMBASSADOR OF THE that generations to come will understand the America. REPUBLIC OF GREECE TO THE sacrifices endured to achieve the freedom ex- f UNITED STATES perienced today. HONORING THE HARRY T. CLUNN f MEMORIAL POST 9220 HON. DONALD M. PAYNE HONORING ALABAMA’S AIR OF NEW JERSEY NATIONAL GUARD HON. PATRICK J. MURPHY IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA Wednesday, February 28, 2007 HON. JO BONNER IN THE HOUSE OF REPRESENTATIVES Mr. PAYNE. Madam Speaker, recently Am- OF ALABAMA Wednesday, February 28, 2007 bassador Alexandros Mallias, of the Republic IN THE HOUSE OF REPRESENTATIVES Mr. PATRICK J. MURPHY of Pennsylvania. of Greece to the United States, was honored Wednesday, February 28, 2007 Madam Speaker, I rise today to honor the by The Committee for the International Salute Mr. BONNER. Madam Speaker, today I rise Harry T. Clunn Memorial Post 9220 VFW in to the Life and Legacy of Dr. Martin Luther to pay tribute to the men and women of Ala- Bensalem, Pennsylvania, as it celebrates its King. I would like to congratulate Ambassador bama’s Air National Guard. 60th anniversary. Throughout the entirety of Mallias for receiving the Martin Luther King The men and women of Alabama’s Air Na- the Bensalem VFW’s history, the Post and its Legacy Award for International Service. I tional Guard are most deserving of our com- members have worked tirelessly and selflessly would also like to insert into the RECORD the mendation. In the hours following the terror at- for the betterment of the community as a remarks that Ambassador Mallias made upon tacks of September 11th, members of Ala- whole. receiving this award: bama’s Air National Guard mobilized to patrol The spirited efforts of the Post’s members It is with a spirit of humility, in the sense the skies above major southern U.S. cities. reflect the memory of Lieutenant Harry T. advocated by Dr. Martin Luther King, Jr., that I receive today the Martin Luther King For the next year, these brave men and Clunn, who sacrificed his life for his country. Legacy Award for International Service and women vigilantly maintained a watchful pres- The Bensalem VFW Post embodies the civic serve as Co-Chairman of the committee for ence in the skies. duty and patriotism that Lieutenant Clunn the International Salute to the Life and Leg- Shortly after responding to that call of duty, showed during his service to this nation. Lieu- acy of Dr. Martin Luther King, Jr., A Man Alabama’s Air National Guard was again tenant Clunn, a graduate of Bensalem High for All Nations. called up to active duty in support of Oper- School, enlisted and trained as a navigator His words and his message are timeless. ation Iraqi Freedom. Alabama’s Air National with the 409th Bombardier Squadron at Hondu They are an indelible part of the permanent and indispensable voice of our conscience. As Guard has taken a leading role in Iraq, with Air Base in Texas. At the height of the Second long as these inequalities and disparities units completing up to three tours of duty. This World War, the squadron was deployed to the exist among peoples, nations, and con- high deployment level is a testament to the China-Burma-India Theater of Operations. On tinents, continue to exist, I have the right to bravery and professional preparedness of the April 12, 1944, Lieutenant Clunn and his fellow say that there is an unfinished peace on men and women of Alabama’s Air National airmen were tragically killed after completing a Earth; there is an unfinished democracy on Guard, and confirms that Alabama’s Air Na- bombing mission. Earth. Ultimately, there is an unfinished tional Guard units are equipped with the nec- Madam Speaker, the Bensalem VFW post dream. essary skills to meet the United States mili- has worked hard to honor Lieutenant Clunn My first recollection of Dr. King’s powerful words goes back to my teenage years, living tary’s mission requirements in Iraq. This de- and all the other men and women who have in a democratic and free society, Greece, in ployment also marked a significant first for valiantly given their lives on the battlefield to 1964, when he received the Nobel Prize for Alabama’s Air National Guard and the U.S. protect the freedom we as Americans enjoy. In Peace. His words, however powerful, seemed military; it was the first unit to ever use the the memory of Lieutenant Clunn, members of unreal, as I could not conceive the images he GBU–38, commonly referred to as the ‘‘Smart the Post have contributed tremendous time painted. Bomb,’’ in combat. This very effective weapon, and energy to the Bensalem community. The I was a sophomore at the University of which minimizes collateral damage, was effec- Post has supported local softball teams and Athens, when, on April 4, 1968, the radio broadcast that Dr. King was assassinated in tively employed by Alabama’s Air National senior citizen dinners. They have organized Memphis. His words came to me full circle, Guard in the Battle of Fallujah. the ‘‘Voice of Democracy’’ essay contest for and sadly, I could identify with them. My Currently, members of Alabama’s Air Na- high school students and the ‘‘Patriots Pen’’ world had changed, as my country, Greece— tional Guard are deployed to Arizona and New essay contest for middle school students. the birthplace of democracy—had come Mexico as part of increased efforts to secure Each year, members of the Post contribute under military dictatorship.

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00231 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD 5024 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 February 28, 2007 That was part of the greatness of Dr. King. countries, along with the United States, and triotic young people have done a truly out- His message transcended geographic and cul- Japan, dominate the top ten wealthiest coun- standing job in supporting our service mem- tural boundaries. The roar and ripple of his tries/nations. The ten poorest countries at the bers and supplying them with some of the words stretched across oceans and seas, mountains and valleys, deserts and savan- global level are in Sub-Saharan Africa. basic necessities of modem life. nahs, and spoke to people like myself who In the twenty-first century, none of us can Mr. Speaker, in recognition of their compas- had never met him. argue that this same message is no longer ap- sion and support for our brave men and In his Birmingham jail cell he wrote, ‘‘I sub- plicable. Beginning his last speech, known as women in the United States armed forces, I mit that an individual who breaks a law that ‘‘I’ve been to the mountaintop,’’ on April 3 in request that my distinguished colleagues join conscience tells him is unjust and who will- Memphis, Dr. King said, ‘‘I would move on by me in paying tribute to the students and staff ingly accepts the penalty of imprisonment. Greece and take my mind to Mount Olympos. at P.S. 234 in Astoria, Queens. They are great . . . is in reality expressing the highest re- And I would see Plato, Aristotle, Socrates, New Yorkers and great Americans. Their love spect for law.’’ Euripides and Aristophanes assembled around for our country and for our fellow Americans Aeschylus, in Prometheus-bound, describes the Parthenon. And I would watch them serving our nation abroad is an inspiration to the cry of Prometheus as follows: ‘‘I knew around the Parthenon as they discussed the us all. when I transgressed nor will deny it In helping great and eternal issues of reality, but I f Man, I brought my troubles on me.’’ wouldn’t stop there.’’ Politics and policies will Sophocles, one of Greece’s greatest play- remain irrelevant if they continue missing the SENATE COMMITTEE MEETINGS wrights, put similar words in the mouth of his essence that is Man (anthropos). Only through Title IV of Senate Resolution 4, reluctant heroine, Antigone, who said: ‘‘I will an anthropo-centric global strategy, can we agreed to by the Senate on February 4, not obey an unjust law, and if something hap- improve the plight of those in despair, and in 1977, calls for establishment of a sys- pens because of it—so be it.’’ A few months need . . .’’ tem for a computerized schedule of all ago, Francoise, my wife, and I, visited Bir- Madam Speaker, I invite my colleagues meetings and hearings of Senate com- mingham. We paid our respects to the strug- here in the U.S. House of Representatives to mittees, subcommittees, joint commit- gle for freedom and equal rights enshrined in join me in honoring Alexandros Mallias, whose tees, and committees of conference. Birmingham’s central square, The Civil Rights words exemplify the work of Martin Luther This title requires all such committees Museum, and the churches. King, Jr. The adoption of the Brunetta C. Hill Elemen- to notify the Office of the Senate Daily f tary School of Birmingham, Alabama, by the Digest—designated by the Rules Com- Embassy of Greece, is indicative of the very IN RECOGNITION OF THE STU- mittee—of the time, place, and purpose special affinities Greeks feel for what Bir- DENTS AND STAFF OF P.S. 234 IN of the meetings, when scheduled, and mingham represents. Today, speaking from ASTORIA, NEW YORK any cancellations or changes in the this tribune, I very humbly wish to dedicate my meetings as they occur. remarks to this school, its students, teachers, HON. CAROLYN B. MALONEY As an additional procedure along and administration. Furthermore, very few with the computerization of this infor- OF NEW YORK know that AHEPA, the largest and oldest mation, the Office of the Senate Daily Greek-American association, was founded in Wednesday, February 28, 2007 Digest will prepare this information for 1922 in Atlanta, precisely to defend Greek im- Mrs. MALONEY of New York. Madam printing in the Extensions of Remarks migrants from persecution and segregation. Speaker, I rise to recognize the students, staff, section of the CONGRESSIONAL RECORD King’s words are not only relevant today, faculty, and administrators of Public School on Monday and Wednesday of each but an inspiration and guide for current chal- 234 in Astoria, New York. To demonstrate week. lenges. In the ancient Greek tradition, an indi- their appreciation and gratitude to all of the Meetings scheduled for Thursday, vidual must partake in the responsibility and members of the armed forces and the National March 1, 2007 may be found in the Daily concerns of all society. So does Martin Luther Guard and Reserve currently serving in harm’s Digest of today’s RECORD. King tell us that, ‘‘An individual has not started way overseas, the members of the P.S. 234 MEETINGS SCHEDULED living until he can rise above the narrow con- community became involved in the ‘‘Adopt A fines of his individualistic concerns to the Unit’’ initiative and have selflessly given their MARCH 2 broader concerns of all humanity.’’ time and resources to help support our brave 10 a.m. Dr. King said: ‘‘As long as there is poverty men and women serving in the United States Appropriations in the world, I can never be rich, even if I have military in Iraq. Legislative Branch Subcommittee a billion dollars.’’ ‘‘As long as disease is ramp- With the encouragement of their Principal, To hold hearings to examine the Presi- ant, and millions of people around the world dent’s proposed budget request for fis- Thea C. Pallos, and their Librarian, Anna cannot expect to live more than 30 years, I cal year 2008 for the Office of the Archi- Chelpon, the students of P.S. 234 launched a can never be totally healthy.’’ ‘‘I can never be tect of the Capitol. letter-writing campaign to our troops in Iraq what I ought to be until you are what you SD–138 under the auspices of the Adopt A Unit pro- ought to be. This is the way our world is gram by connecting through the Internet to MARCH 5 made. No individual or nation can stand out boasting of being independent. We are inter- www.mysoldier.com. Through this letter-writing 2:30 p.m. dependent.’’ campaign, the students learned that many of Homeland Security and Governmental Af- our men and women serving overseas not fairs There is a moral obligation transcending Oversight of Government Management, the continents and borders to stand united and only lack basic supplies, such as flashlights, batteries, combat boots, warm socks and ther- Federal Workforce, and the District of join forces, efforts, and provide the necessary Columbia Subcommittee means to make it possible for our children’s mal underwear, but also regularly go without To hold an oversight hearing to examine and grandchildren’s generations to live in a basic toiletries including toothpaste and tooth- the Transportation Security Adminis- better world. We see people dying of hunger. brushes, dental floss and feminine care items. tration Personnel System, focusing on We see people dying of epidemic diseases. Outraged that our troops were often denied proposed legislation relating to the We see people killed everyday on religious or the basic staples of civilian life, the students of personnel system. ethnic grounds. We see millions of innocent P.S. 234 decided to take action. The students SD–342 began soliciting donations from members of children as the victims of human trafficking, MARCH 6 exploited in the most odious form of modem the P.S. 234 community as well as local mer- 9:30 a.m. slavery. We see millions of women becoming chants, and then sent the supplies they col- lected or purchased to Iraq in boxes donated Agriculture, Nutrition, and Forestry victims of human trafficking. To hold hearings to examine child nutri- I ask myself, where is the wealth of nations? by the U.S. Postal Service. What began as a tion and the school setting. Where is justice? Where are the policies and small campaign has now grown into a large- SH–216 the measures to remedy the disparities? scale operation: The students are currently Armed Services Aggregate wealth estimates provided by the sending an average of 50 boxes of supplies To hold hearings to examine the care, World Bank demonstrate that the European each and every week to our troops. These pa- living conditions, and administration

VerDate Sep 11 2014 12:11 Jun 16, 2017 Jkt 059102 PO 00000 Frm 00232 Fmt 0689 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 4\LOC FILES\BR28FE07.DAT BR28FE07 ejoyner on DSK30MW082PROD with BOUND RECORD February 28, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 4 5025 of outpatients at the Walter Reed 10 a.m. Indian Affairs Army Medical Center. Appropriations To hold hearings to examine the Indian SD–106 Defense Subcommittee Health Care Improvement Act Amend- Veterans’ Affairs To hold hearings to examine Department ments of 2007. To hold joint hearings with the House of Defense medical programs. SR–485 Committee on Veterans’ Affairs to ex- SD–192 Veterans’ Affairs amine the legislative presentation of Homeland Security and Governmental Af- To hold joint hearings with the House the Veterans of Foreign Wars. fairs Committee on Veterans’ Affairs to ex- Investigations Subcommittee 345 CHOB amine the legislative presentation of To hold hearings to examine fees, inter- the Paralyzed Veterans of America, 10 a.m. ests rates and grace periods relating to Commerce, Science, and Transportation Jewish War Veterans, and Blinded Vet- credit card practices, focusing on high erans Association. To hold oversight hearings to examine fees charged for late payments, over- SD–106 the Corporate Average Fuel Economy the-limit charges, including how those 10 a.m. (CAFE) Program. fees are assessed, how they add to in- Health, Education, Labor, and Pensions SR–253 terest costs, and how they contribute To hold hearings to examine follow-on Health, Education, Labor, and Pensions to consumer debt, and an industry biologics. To hold hearings to examine strategies practice requiring consumer payments SD–430 for attracting, supporting, and retain- to be applied first to balances with the ing high quality educators relating to lowest interest rates instead of to bal- MARCH 14 ances with the highest interest rates. No Child Left Behind Reauthorization. 9:30 a.m. SD–342 SD–430 Veterans’ Affairs 2:30 p.m. Judiciary To hold an oversight hearing to examine Commerce, Science, and Transportation Terrorism, Technology and Homeland Se- Department of Veterans Affairs and Space, Aeronautics, and Related Agencies curity Subcommittee Department of Defense cooperation and Subcommittee To hold hearings to examine identity collaboration, focusing on education To hold hearings to examine national im- theft, focusing on innovative solutions and training. peratives for Earth Science research. for an evolving problem. SR–418 SR–253 SD–226 10 a.m. 3 p.m. Judiciary Environment and Public Works To hold oversight hearings to examine MARCH 7 To hold hearings to examine the Presi- the Federal Bureau of Investigation. 9:30 a.m. dent’s proposed budget request for fis- SH–216 Agriculture, Nutrition, and Forestry cal year 2008 for the Environmental To hold hearings to examine investing in Protection Agency. MARCH 27 our nation’s future through agricul- SD–406 tural research. 9:30 a.m. SR–328A MARCH 8 Veterans’ Affairs To hold an oversight hearing to examine Energy and Natural Resources 9:30 a.m. Department of Veterans Affairs and To hold hearings to examine market con- Armed Services Department of Defense cooperation and straints on large investments in ad- To hold hearings to examine the nomina- collaboration, focusing on health care tions of Admiral Timothy J. Keating, vanced energy technologies and inves- issues. USN, for reappointment to the grade of tigate ways to stimulate additional SR–418 private-sector investment in the de- admiral and to be Commander, United States Pacific Command, Lieutenant ployment of these technologies. MARCH 28 SD–366 General Victor E. Renuart, Jr., USAF, 2:30 p.m. Health, Education, Labor, and Pensions for appointment to be general and to be Commander, United States Northern Commerce, Science, and Transportation To hold hearings to examine strength- Space, Aeronautics, and Related Agencies ening American competitiveness for Command/Commander, North Amer- ican Aerospace Defense Command, and Subcommittee the 21st Century. Lieutenant General Robert L. Van Ant- To hold hearings to examine SH–216 werp, USA, for reappointment to the transitioning to a next generation Commerce, Science, and Transportation grade of lieutenant general and to be Human Space Flight System. Interstate Commerce, Trade, and Tourism Chief of Engineers/Commanding Gen- SR–253 Subcommittee eral, United States Army Corps of En- To hold hearings to examine policy im- gineers. MARCH 29 plications of pharmaceutical importa- SH–216 9:30 a.m. tion from Canada. Commerce, Science, and Transportation Veterans’ Affairs SR–253 Aviation Operations, Safety, and Security To hold joint hearings with the House Veterans’ Affairs Subcommittee Committee on Veterans’ Affairs to ex- To hold an oversight hearing to examine To hold hearings to examine the Admin- amine the legislative presentation of the Veterans Administration adjudica- istration’s proposal to reauthorize the AMVETS, Ex-POWs, Military Order of tion process. Federal Aviation Administration Part the Purple Heart, and Fleet Reserve SR–418 II. Association. SR–253 SD–106

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